report to the planning commission
REPORT TO THE PLANNING COMMISSION Meeting Date:
July 12, 2017
Application No:
SUB 15-0001, VAR 16-002, ENV 15-0005, GEO 15-0015
Type of Application:
Tentative Map/Variance/ Initial Study-Mitigated Negative Declaration
Location/APN:
20625 Brookwood Lane/503-23-025
Owner/Applicant:
David Johnston /Jitka Cymbal
Staff Planner:
Sung H. Kwon, Senior Planner
20625 Brookwood Lane
Page 1
SUMMARY The applicant proposes to subdivide a 1.63 acre lot located at 20625 Brookwood Lane into three parcels with a 0.37 acre park dedication. A variance for lot frontage is requested to preserve a 48inch oak tree on proposed Lot 3. No trees would be impacted by this proposal. The project has been the subject of a Mitigated Negative Declaration under the California Environmental Quality Act which became available for a 20 day public review beginning June 16, 2017.
Staff Recommendation Staff recommends that the Planning Commission: Adopt Resolution No. 17-019 adopting the Mitigated Negative Declaration and approving the Tentative Map, Variance, and Geotechnical Clearance subject to the conditions of approval (including City Council acceptance of the Park Dedication). Adopt Resolution No. 17-020 recommending that the City Council accept the park dedication. Project Data General Plan: Zoning: Site Area: Average Slope:
Frontage Lot 1 Lot 2 Lot 3 Width Lot 1 Lot 2 Lot 3 Depth Lot 1 Lot 2 Lot 3 Net Site Area Lot 1 Lot 2 Lot 3 Allowable Floor Area Lot 1
M-15 R-1 15,000 1.26 Acres 11.24% (Total) 9.38% (After park dedication) Proposal
Zoning
Variance Request
67.12ft. 63.23 ft. 24.13 ft.
60 ft. Because it is off of a cul-de-sac
No No Yes
100.5 ft. 103.78 ft. 111.59 ft.
100 ft.
No No No
145.39 ft. 155.49 ft. 221.57 ft.
125 ft.
No No No
15,442 sq. ft. 15,327 sq. ft. 20,020 sq. ft.
15,000 sq. ft.
No No No
1,286 sq. ft.
4,128 sq. ft.
No
Page 2
Lot 2 Lot 3
-
4,128 sq. ft. 4,518 sq. ft.
N/A N/A
PROJECT DESCRIPTION Subdivision Description and Site Characteristics Tentative Map approval is required pursuant to City Code Section 14-20.070. The Final Map approval requires an action by the City Council prior to recordation of the map. Site Description The 1.26 acre site is located at 20625 Brookwood Lane. There are current 3 single family homes on the site. There are a variety of large trees on the property. Specifically, there is a 48 inch Oak tree that the applicant would like to keep. Demolition of Structures Two of the three homes will be demolished. An existing garage and shed will also be demolished. Due to the age of the structures, a historic review was conducted on the three homes (See Attachment 4). It was determined that these structures are not listed or eligible for the California Register of Historic Resources. As such, demolition can occur without further environmental review. Study Session The Planning Commission reviewed the variance concept during a study session on September 27, 2016. At this study session, most of the commission seemed supportive of the variance request to preserve the 48-inch oak tree. Park Dedication The applicant proposes to subdivide the vacant lot into three single-family home parcels ranging in size from 15,442 net sq. ft. to 20,020 sq. ft. The application also includes a park dedication and tree protection easement. The overall slope for the site is 11.24%. With a slope over 10%, the site would be a hillside lot and the minimum lot size would be 40,000 sq. ft. By dedicating a steep portion of the lot to the City of Saratoga, the resulting parcel after the park dedication would be less than 10% slope. As such the minimum lot size would be 15,000 sq. ft. Public Works has reviewed this park dedication and believe it will be a good addition to Wildwood Park. Variance The proposed subdivision includes a variance request for lot frontage for Lot 3. This reduced lot frontage is proposed to save the 48 inch Oak tree. Without the variance, the building envelope would be reduced and the Oak tree would have to be removed for the construction of a new house. Grading & Drainage The only grading that is proposed is the proposed driveway for Lot 3 (28 CY cut). Conceptual locations for bioswales at Lot 2 and Lot 3 are also shown. No other grading is proposed.
Page 3
Traffic A policy of the City’s Circulation Element of the General Plan requires a transportation analysis for all development projects resulting in 25 or more peak-hour trips. There are already 3 homes on the property and no new trips would be generated from this subdivision. Lot Access The City Code requires every lot to either front on an accepted public street, a street offered for dedication, or a minimum access street. There is sufficient access for each of the three proposed lots. Buildable Area The constraints on the proposed subdivision including seatbacks, protected trees, etc. will limit the buildable area. The applicant has provided a diagram and area calculations. See Attachment 6. The buildable area for each lot is as follows:
Lot 1 Lot 2 Lot 3
Buildable Area 5,240 sq. ft. 7,030 sq. ft. 3,086 sq. ft.
Utilities The existing three houses Water, Gas, Electricity and Sewer Service. Will serve letters for the subdivision has been provided. (See Attachment 7) Geotechnical Clearance Geo-Logic Associates prepared a Geologic Feasibility Investigation and response letter, dated November 24, 2015 and February 22, 2016, respectively for the subdivision project which was reviewed and approved by the City’s Geotechnical Consultant. The peer review reports states that the proposed subdivision is constrained by potential seismically-induced settlement, liquefaction potential, and strong seismic ground shaking. The Project Geotechnical Consultant has satisfactorily addressed the comments of our previous geotechnical peer review and presented a final conclusion that tested site soils are not susceptible to liquefaction. The Consultant has completed evaluations of seismically-induced dry settlement and indicated a calculated settlement magnitude of about 1 inch. This settlement value should be provided to the project structural engineer to be included in future house foundation designs, along with static settlement. Site settlement does not appear sufficient to raise concerns about building collapse. Geotechnical clearance for the subdivision was provided by staff on April 5, 2016. Each new lot is buildable; however, each new house will require individual geotechnical clearance.
Page 4
NEIGHBOR CORRESPONDENCE Public notices were sent to property owners within 500 feet of the site. On July 5, 2017, Staff received a comment letter from neighbors at 20620 Brookwood Lane and 20626 Brookwood Lane. These neighbors object to the three lot subdivision and the park dedication. They would prefer a two lot subdivision.
FINDINGS Tentative Subdivision Map Findings The findings required for issuance of a Tentative Map Approval pursuant to City Code Section 1420.070 are set forth below and the Applicant has met the burden of proof to support making all of those required findings: (1) The proposed map is consistent with the General Plan and any applicable specific plans. The subdivision is consistent with the proposed General Plan designation of M-15 which allows 2.9 homes per acre. With 1.16 net acres, the maximum number of units allowed on the existing lot is three (3) which is consistent with the proposal. The proposed parcels meet and exceed the minimum 15,000 s. ft. lot size requirement of the R-1 15,000 zoning district. Proposed lot dimensions including width, depth meet or exceed the minimums required by the municipal code. The frontage for Lot 1 and Lot 2 meet or exceed the minimum required. The applicant is requesting a variance for the frontage requirement for Lot 3. The granting of a variance would allow this finding to be met. (2)
The design or improvement of the proposed subdivision is consistent with the General Plan and any applicable specific plan. A driveway is proposed for Lot 3. No other development or improvements are proposed at this time. Future improvements, including but not limited to new homes and grading and paving of private driveways, will require Design Review and/or building permits. Future development of residential homes will be reviewed for impacts on views and privacy. Likewise, design review approval will not be granted unless future development is compatible with neighboring residential structures. Design review approval will also be contingent on preserving the natural landscape.
(3)
The site is physically suitable for the type of development proposed. The project was reviewed for geological and geotechnical hazards and constraints present on the site. A Geotechnical Report satisfactorily addresses the recommendations of the City’s Geotechnical Consultant. An in-depth site specific geotechnical investigation will be prepared for each lot (including design recommendations for foundations, retaining walls, basements, swimming pools, etc.) prior to the issuance of building permits for individual residences.
(4)
The site is physically suitable for the proposed density of development. The site meets or exceeds the minimum required area for development of three (3) primary dwelling units. The development meets or exceeds the zoning district standards for the
Page 5
development of single family homes as proposed by this subdivision. The project is compatible with the existing and surrounding density of development. (5)
The design of the subdivision is not likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat. A Mitigated Negative Declaration (“MND”) was prepared for the project in accordance with the California Environmental Quality Act (CEQA) pursuant to Section 15070 and following of Title 14, Division 6, Chapter 3 (“CEQA Guidelines”). The MND is based on an Initial Study which indicates there is no substantial evidence, in light of the whole record before the City of Saratoga, that the project as mitigated may have a significant effect on the environment. The Notice of Intent to adopt a Mitigated Negative Declaration was properly circulated for a 20 day public review beginning June 16, 2017.
(6)
The design of the subdivision is not likely to cause serious health or safety problems. The project meets this finding. The Tentative Map has been reviewed by the Planning Department and the Public Works Department and circulated to the following agencies: Santa Clara County Fire Department, Santa Clara Valley Water District, San Jose Water Company, Pacific Gas & Electric, and local School Districts. The applicant will be required to comply with all conditions regarding improvements, whether on-site or off-site requested by all Agencies or Utilities having jurisdiction over the project. All structural improvements to the property will be reviewed by the Building Department and Public Works Department.
(7)
The design of the subdivision will not conflict with easements for access or use. The subdivision, as proposed, will not conflict with these easements. Future improvements will be reviewed to ensure that they do not conflict with easements for access or use. In addition, the Fire Department has noted that the adjoining cul-de-sac is sufficient for emergency access.
(8)
The proposed subdivision of land is not subject to a contract executed pursuant to the Williamson Act. The project site is not under a Williamson Act contract.
(9)
The discharge of waste from the proposed subdivision into an existing community sewer system would not result in violation of existing requirements. The applicant will be required to conform to all standards, requirements, and conditions of the Sanitary Sewer District. There is existing sewer service to the three existing homes. Sewer service will be provided to any new replacement home.
Variance Findings As noted in Section 15-70.060, the approving authority may grant a variance as applied for or in modified form if, on the basis of the application and the evidence submitted, the approving authority makes all of the following findings: (a)
That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, strict enforcement of the specified regulation
Page 6
would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and classified in the same zoning district. The purpose of this variance is to save a 48 inch Oak tree. Saving this tree would substantially limit the development area. By allowing a reduced frontage, a minimum access frontage road would not be required inside the parcel, which would have reduced the development area. Without the variance, the 48 inch tree would likely be removed. (b)
That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and classified in the same zoning district. The variance is only requested to save a 48 inch oak tree. The existing parcel can be divided into three lots without a variance. In addition, there are already 3 houses on the existing lot. The design of the 3-lot subdivision would not create a special privilege.
(c)
That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The frontage variance at Lot 3 would not impact emergency access. This variance would not have any substantial impacts on the neighborhood.
ENVIRONMENTAL DETERMINATION The project has been the subject of a Mitigated Negative Declaration (“MND”) under the California Environmental Quality Act (CEQA) pursuant Section 15070 and following of Title 14, Division 6, Chapter 3 (“CEQA Guidelines”). This MND, included as Attachment 3, is based on an Initial Study which indicates there is no substantial evidence, in light of the whole record before the City of Saratoga, that the project as mitigated may have a significant effect on the environment. The Notice of Intent to adopt a Mitigated Negative Declaration was circulated for a 20 day public review beginning June 16, 2017.
ATTACHMENTS 1) 2) 3) 4) 5) 6) 7) 8) 9)
Resolution of Approval for Mitigated Negative Declaration and Tentative Map Resolution of Recommendation of Approval for Park Dedication Initial Study, Mitigated Negative Declaration & MMRP Historic Evaluation of Structures Geotechnical Clearance & Geologic Report Buildable Area Diagram Will Serve Letters Comment letter from neighbor Tentative Subdivision Map, Site Development Plans
Page 7
July 12, 2017
Application No:
SUB 15-0001, VAR 16-002, ENV 15-0005, GEO 15-0015
Type of Application:
Tentative Map/Variance/ Initial Study-Mitigated Negative Declaration
Location/APN:
20625 Brookwood Lane/503-23-025
Owner/Applicant:
David Johnston /Jitka Cymbal
Staff Planner:
Sung H. Kwon, Senior Planner
20625 Brookwood Lane
Page 1
SUMMARY The applicant proposes to subdivide a 1.63 acre lot located at 20625 Brookwood Lane into three parcels with a 0.37 acre park dedication. A variance for lot frontage is requested to preserve a 48inch oak tree on proposed Lot 3. No trees would be impacted by this proposal. The project has been the subject of a Mitigated Negative Declaration under the California Environmental Quality Act which became available for a 20 day public review beginning June 16, 2017.
Staff Recommendation Staff recommends that the Planning Commission: Adopt Resolution No. 17-019 adopting the Mitigated Negative Declaration and approving the Tentative Map, Variance, and Geotechnical Clearance subject to the conditions of approval (including City Council acceptance of the Park Dedication). Adopt Resolution No. 17-020 recommending that the City Council accept the park dedication. Project Data General Plan: Zoning: Site Area: Average Slope:
Frontage Lot 1 Lot 2 Lot 3 Width Lot 1 Lot 2 Lot 3 Depth Lot 1 Lot 2 Lot 3 Net Site Area Lot 1 Lot 2 Lot 3 Allowable Floor Area Lot 1
M-15 R-1 15,000 1.26 Acres 11.24% (Total) 9.38% (After park dedication) Proposal
Zoning
Variance Request
67.12ft. 63.23 ft. 24.13 ft.
60 ft. Because it is off of a cul-de-sac
No No Yes
100.5 ft. 103.78 ft. 111.59 ft.
100 ft.
No No No
145.39 ft. 155.49 ft. 221.57 ft.
125 ft.
No No No
15,442 sq. ft. 15,327 sq. ft. 20,020 sq. ft.
15,000 sq. ft.
No No No
1,286 sq. ft.
4,128 sq. ft.
No
Page 2
Lot 2 Lot 3
-
4,128 sq. ft. 4,518 sq. ft.
N/A N/A
PROJECT DESCRIPTION Subdivision Description and Site Characteristics Tentative Map approval is required pursuant to City Code Section 14-20.070. The Final Map approval requires an action by the City Council prior to recordation of the map. Site Description The 1.26 acre site is located at 20625 Brookwood Lane. There are current 3 single family homes on the site. There are a variety of large trees on the property. Specifically, there is a 48 inch Oak tree that the applicant would like to keep. Demolition of Structures Two of the three homes will be demolished. An existing garage and shed will also be demolished. Due to the age of the structures, a historic review was conducted on the three homes (See Attachment 4). It was determined that these structures are not listed or eligible for the California Register of Historic Resources. As such, demolition can occur without further environmental review. Study Session The Planning Commission reviewed the variance concept during a study session on September 27, 2016. At this study session, most of the commission seemed supportive of the variance request to preserve the 48-inch oak tree. Park Dedication The applicant proposes to subdivide the vacant lot into three single-family home parcels ranging in size from 15,442 net sq. ft. to 20,020 sq. ft. The application also includes a park dedication and tree protection easement. The overall slope for the site is 11.24%. With a slope over 10%, the site would be a hillside lot and the minimum lot size would be 40,000 sq. ft. By dedicating a steep portion of the lot to the City of Saratoga, the resulting parcel after the park dedication would be less than 10% slope. As such the minimum lot size would be 15,000 sq. ft. Public Works has reviewed this park dedication and believe it will be a good addition to Wildwood Park. Variance The proposed subdivision includes a variance request for lot frontage for Lot 3. This reduced lot frontage is proposed to save the 48 inch Oak tree. Without the variance, the building envelope would be reduced and the Oak tree would have to be removed for the construction of a new house. Grading & Drainage The only grading that is proposed is the proposed driveway for Lot 3 (28 CY cut). Conceptual locations for bioswales at Lot 2 and Lot 3 are also shown. No other grading is proposed.
Page 3
Traffic A policy of the City’s Circulation Element of the General Plan requires a transportation analysis for all development projects resulting in 25 or more peak-hour trips. There are already 3 homes on the property and no new trips would be generated from this subdivision. Lot Access The City Code requires every lot to either front on an accepted public street, a street offered for dedication, or a minimum access street. There is sufficient access for each of the three proposed lots. Buildable Area The constraints on the proposed subdivision including seatbacks, protected trees, etc. will limit the buildable area. The applicant has provided a diagram and area calculations. See Attachment 6. The buildable area for each lot is as follows:
Lot 1 Lot 2 Lot 3
Buildable Area 5,240 sq. ft. 7,030 sq. ft. 3,086 sq. ft.
Utilities The existing three houses Water, Gas, Electricity and Sewer Service. Will serve letters for the subdivision has been provided. (See Attachment 7) Geotechnical Clearance Geo-Logic Associates prepared a Geologic Feasibility Investigation and response letter, dated November 24, 2015 and February 22, 2016, respectively for the subdivision project which was reviewed and approved by the City’s Geotechnical Consultant. The peer review reports states that the proposed subdivision is constrained by potential seismically-induced settlement, liquefaction potential, and strong seismic ground shaking. The Project Geotechnical Consultant has satisfactorily addressed the comments of our previous geotechnical peer review and presented a final conclusion that tested site soils are not susceptible to liquefaction. The Consultant has completed evaluations of seismically-induced dry settlement and indicated a calculated settlement magnitude of about 1 inch. This settlement value should be provided to the project structural engineer to be included in future house foundation designs, along with static settlement. Site settlement does not appear sufficient to raise concerns about building collapse. Geotechnical clearance for the subdivision was provided by staff on April 5, 2016. Each new lot is buildable; however, each new house will require individual geotechnical clearance.
Page 4
NEIGHBOR CORRESPONDENCE Public notices were sent to property owners within 500 feet of the site. On July 5, 2017, Staff received a comment letter from neighbors at 20620 Brookwood Lane and 20626 Brookwood Lane. These neighbors object to the three lot subdivision and the park dedication. They would prefer a two lot subdivision.
FINDINGS Tentative Subdivision Map Findings The findings required for issuance of a Tentative Map Approval pursuant to City Code Section 1420.070 are set forth below and the Applicant has met the burden of proof to support making all of those required findings: (1) The proposed map is consistent with the General Plan and any applicable specific plans. The subdivision is consistent with the proposed General Plan designation of M-15 which allows 2.9 homes per acre. With 1.16 net acres, the maximum number of units allowed on the existing lot is three (3) which is consistent with the proposal. The proposed parcels meet and exceed the minimum 15,000 s. ft. lot size requirement of the R-1 15,000 zoning district. Proposed lot dimensions including width, depth meet or exceed the minimums required by the municipal code. The frontage for Lot 1 and Lot 2 meet or exceed the minimum required. The applicant is requesting a variance for the frontage requirement for Lot 3. The granting of a variance would allow this finding to be met. (2)
The design or improvement of the proposed subdivision is consistent with the General Plan and any applicable specific plan. A driveway is proposed for Lot 3. No other development or improvements are proposed at this time. Future improvements, including but not limited to new homes and grading and paving of private driveways, will require Design Review and/or building permits. Future development of residential homes will be reviewed for impacts on views and privacy. Likewise, design review approval will not be granted unless future development is compatible with neighboring residential structures. Design review approval will also be contingent on preserving the natural landscape.
(3)
The site is physically suitable for the type of development proposed. The project was reviewed for geological and geotechnical hazards and constraints present on the site. A Geotechnical Report satisfactorily addresses the recommendations of the City’s Geotechnical Consultant. An in-depth site specific geotechnical investigation will be prepared for each lot (including design recommendations for foundations, retaining walls, basements, swimming pools, etc.) prior to the issuance of building permits for individual residences.
(4)
The site is physically suitable for the proposed density of development. The site meets or exceeds the minimum required area for development of three (3) primary dwelling units. The development meets or exceeds the zoning district standards for the
Page 5
development of single family homes as proposed by this subdivision. The project is compatible with the existing and surrounding density of development. (5)
The design of the subdivision is not likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat. A Mitigated Negative Declaration (“MND”) was prepared for the project in accordance with the California Environmental Quality Act (CEQA) pursuant to Section 15070 and following of Title 14, Division 6, Chapter 3 (“CEQA Guidelines”). The MND is based on an Initial Study which indicates there is no substantial evidence, in light of the whole record before the City of Saratoga, that the project as mitigated may have a significant effect on the environment. The Notice of Intent to adopt a Mitigated Negative Declaration was properly circulated for a 20 day public review beginning June 16, 2017.
(6)
The design of the subdivision is not likely to cause serious health or safety problems. The project meets this finding. The Tentative Map has been reviewed by the Planning Department and the Public Works Department and circulated to the following agencies: Santa Clara County Fire Department, Santa Clara Valley Water District, San Jose Water Company, Pacific Gas & Electric, and local School Districts. The applicant will be required to comply with all conditions regarding improvements, whether on-site or off-site requested by all Agencies or Utilities having jurisdiction over the project. All structural improvements to the property will be reviewed by the Building Department and Public Works Department.
(7)
The design of the subdivision will not conflict with easements for access or use. The subdivision, as proposed, will not conflict with these easements. Future improvements will be reviewed to ensure that they do not conflict with easements for access or use. In addition, the Fire Department has noted that the adjoining cul-de-sac is sufficient for emergency access.
(8)
The proposed subdivision of land is not subject to a contract executed pursuant to the Williamson Act. The project site is not under a Williamson Act contract.
(9)
The discharge of waste from the proposed subdivision into an existing community sewer system would not result in violation of existing requirements. The applicant will be required to conform to all standards, requirements, and conditions of the Sanitary Sewer District. There is existing sewer service to the three existing homes. Sewer service will be provided to any new replacement home.
Variance Findings As noted in Section 15-70.060, the approving authority may grant a variance as applied for or in modified form if, on the basis of the application and the evidence submitted, the approving authority makes all of the following findings: (a)
That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, strict enforcement of the specified regulation
Page 6
would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and classified in the same zoning district. The purpose of this variance is to save a 48 inch Oak tree. Saving this tree would substantially limit the development area. By allowing a reduced frontage, a minimum access frontage road would not be required inside the parcel, which would have reduced the development area. Without the variance, the 48 inch tree would likely be removed. (b)
That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and classified in the same zoning district. The variance is only requested to save a 48 inch oak tree. The existing parcel can be divided into three lots without a variance. In addition, there are already 3 houses on the existing lot. The design of the 3-lot subdivision would not create a special privilege.
(c)
That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The frontage variance at Lot 3 would not impact emergency access. This variance would not have any substantial impacts on the neighborhood.
ENVIRONMENTAL DETERMINATION The project has been the subject of a Mitigated Negative Declaration (“MND”) under the California Environmental Quality Act (CEQA) pursuant Section 15070 and following of Title 14, Division 6, Chapter 3 (“CEQA Guidelines”). This MND, included as Attachment 3, is based on an Initial Study which indicates there is no substantial evidence, in light of the whole record before the City of Saratoga, that the project as mitigated may have a significant effect on the environment. The Notice of Intent to adopt a Mitigated Negative Declaration was circulated for a 20 day public review beginning June 16, 2017.
ATTACHMENTS 1) 2) 3) 4) 5) 6) 7) 8) 9)
Resolution of Approval for Mitigated Negative Declaration and Tentative Map Resolution of Recommendation of Approval for Park Dedication Initial Study, Mitigated Negative Declaration & MMRP Historic Evaluation of Structures Geotechnical Clearance & Geologic Report Buildable Area Diagram Will Serve Letters Comment letter from neighbor Tentative Subdivision Map, Site Development Plans
Page 7
