HomeMy WebLinkAbout05-04-2011 SUPPLEMENTAL COUNCIL AGENDAGood Evening Mayor and City Council,
A week ago I would not have believed that I could wake up in the morning to see
a new structure looming over my bedroom. Apparently an addition of 857 square
feet requires no notification to anyone. On inquiring to the city about the project
we are told by staff, "oh we don't have to notify anyone ". On visiting the planning
office we see a Residential Design Handbook. It has great information about
design standards in Saratoga. We are surprised to discover that this is not
followed or even encouraged in approximately 70 per cent of all construction
projects. Perhaps it should come with a disclaimer that it doesn't apply in most
situations. We ask to speak to the person that signed the project plans so we
can find out about the planning process and we find out that it was a volunteer,
not staff that signed the forms. We ask about City Code 15 -45 and are told it
does not apply in any way to our situation. We ask the Community Development
Director to come out and view the site and he says he has no power to make any
review or determination even though it states that in 15- 45.060 that he is the
appropriate person. Article 15 -45 is the section of code that is supposed to
protect quality of life, privacy, and views. I would call your attention to Article 15-
1
12.150 which states that Article 15 -45 applies to any construction and expansion
in residential districts in the city. It does not say 15 -45 applies only to some
properties or certain properties it says ANY construction or expansion. Doesn't it
follow that at the very least the very first sentence of Article 15 -45 should apply?
It is clear to me that the city is negligent in violating its own code and acting in
bad faith to tell us that none of the standards set forth in the code apply to this
project. We were denied due process. According to Article 15 -95 of the
municipal code the city is obligated to void the permits for the project at 12369
Saraglen Dr. as the project does not comply with city code.
Denise Goldberg, 12325 Scully Ave
Municode
1
15- 12.150 - Design review.
5/17/11 2:16 PM
The construction or expansion of any main or accessory structure in an R -1 district shall comply with the applicable
design review regulations set forth in Article 15 -45 of this Chapter.
(Amended by Ord. 221 § 2 (part), 2003)
15- 45.010 - Purposes of Article.
It is the policy of the City to review the proposed construction or significant expansion of single - family dwellings and
certain accessory structures under circumstances where such structures have the reasonable potential to constitute an
invasion of privacy, unreasonable interference with views, light or air, or create adverse impacts upon the aesthetic character
of neighboring residential structures. The purpose of this Article is to establish standards and procedures to be followed with
respect to the design review of single - family dwellings and certain accessory structures to ensure that new development
occurs in a manner, which is consistent with the objectives of this Chapter and the policies of the General Plan.
(Amended by Ord. 221 § 2 (part), 2003)
15- 95.010 - Permits, certificates and licenses.
All officials, departments and employees of the City vested with the authority or duty to issue permits, certificates or
licenses shall comply with the provisions of this Chapter, and shall issue no permit, certificate or license which conflicts with
the provisions of this Chapter. Any permit, certificate or license issued in conflict with the provisions of this Chapter shall be
void.
http: // library. municode .com /print.aspx ?clientlD= 16616& HTMReguest= h... %2f%2flibrary. municode. com% 2fHTML962f16616 %2flevell %2fCH15ZORE.html Page 1 of 1
Mayor, City Council members and Staff,
I stand before you tonight as a 15 -year resident and civic volunteer who has been
failed by the City of Saratoga. The issue at hand is the major home addition currently
underway at 12369 Saraglen Drive, directly behind our house. In the photo on page 2
you can see the unique and perpendicular arrangement between our house, marked `A',
and the house in question. Prior to the initiation of construction we received no
notification at any time from either the City or homeowner. You can imagine my shock
and bewilderment last Wednesday, while on a business assignment back east, to
receive the photo that you have before you on page 3 showing the new structure. On
page 4 I have put a `before' and `after' pair of photos taken from almost the same
location, after the side walls had been added. I bring your attention to 2 of the 3
windows of the new structure visible in the photo as well as our view of the Saratoga
hills that is now lost, even before the roof has been added. It was the aesthetics of our
backyard with its unique privacy, bordered by Kevin Moran Park, and the hillside views
that was the main reason for us to purchase our home.
Speaking specifically to the city Planning Department process, we have been told,
repeatedly, that this project met all the criteria for Over - the - Counter approval, which
does not qualify for a design review and for which the Community Development Director
does not get involved even though the signature stamp on all plans carries this title.
Neither does it require any notification to adjacent property owners nor are homeowners
who come in with design plans ready -to- signoff actively encouraged to do so.
I respectively disagree with the assertion that design review does not apply to our
situation and on page 5 have compiled the applicable municipal codes:
• Highlighted in Article 15- 45.010 it indicates that it is the policy of the City to
review "significant expansions" of structures that have the potential to impact
privacy or interfere with views.
• Highlighted in Article 15- 45.020 it defines "significant expansion" as anything
exceeding 100 square feet. The additions in question total 857 square feet.
• Skipping down to Article 15- 45.060 section (7), you see that the Community
Development Director is left to make the determination as to whether or not
there is unreasonable interference with privacy or views, which, if yes, would
trigger review of the project by the Planning Commission. At no time did anyone
from the City contact us to look at the proposed project site and hillside view
from our home or yard. Clearly from the relative proximity of and arrangements
of our homes such consideration should have been given. By looking at this
project with consideration for our privacy and the view that we so enjoy it would
have been immediately clear the significant and irreversible impact this project
would have on our living conditions and quality of life.
The remaining pages of your handout are copies of the pertinent sections from the
Residential Design Handbook that is intended to serve as a guide for the City staff in
their review process as well as the homeowner and architect that, once again, we are
told does not apply to our situation.
In closing I put forth that the Design Review process does indeed apply here and
that the only acceptable resolution is for the City to immediately stop this construction
as a result of this failure of the City administrative and review process and clear
violation of its own municipal code.
Marty Goldberg
12325 Scul_ e.
5/2/2011 City of Saratoga
9:13:12AM PERMITS ISSUED
For the Period 4/1/2011 thru 4/30/2011
Page
Permit No. Date Issued Type and Sub -Type Status Site Address and Parcel No. Jobvalue and Contractor
10 -0972 4/7/2011 ADDITION, Residential Issued 19453 DEHAVILLAND DR $165,050.00
Permit Name: ADDITION / REMODEL 38902004
Description: ADDITIONS TO LIVING ROOM AND GUEST BEDROOM (INCLUDES ADDED BATHROOM) NEW REAR CABANA
10 -1389 4/12/2011 ADDITION, Residential Issued 12369 SARAGLEN DR $275,050.00
Permit Name: ADDITION 38638004
Description: CONSTRUCT NEW MASTER SUITE. EXPAND FAMI.,YROOM, KITCHEN, AND DININGROOM. RENOVATIONS THROUGHOUT.
10- 1609 4/19/2011 NEW SFD, Main Dwelling Issued 18628 MC FARLAND AV $638,380.00
Permit Name: NEW SINGLE FAMILY 38914027 BAUMAN TURLEY BUILDERS INC
Description: CONSTRUCT NEW SINGLE FAMILY DWELLING. ONE STORY HOUSE WITH ATTACHED TWO CAR GARAGE
10 -1614 4/6/2011 ADDITION, Residential Issued 19961 ANGUS CT $379,430.00
Permit Name: ADDITION 39312003 TIMELINE DESIGNS
Description: ADDITIONS TO GUEST SUITE, ENTRY, POWDER, MUDROOM, LIVINGROOM, AND KITCHEN. WHOLE HOUSE REMODEL.
11 -0040 4/7/2011 ADDITION, Residential Issued 20554 CARNIEL AV $178,250.00
Permit Name: ADDITION / REMODEL 36613031
Description: CONSTRUCT NEW TWO CAR GARAGE CONVERT EXISTING GARAGE TO BED, BATH, ENTRY AND OFFICE
11 -0196 4/13/2011 ADDITION, Residential Issued 20727 RUSSELL LN $131,300.00
Permit Name: ADDITION / REMODEL SINGLE FAMILY DWELLIN( 50354063 DIVI TTORIO CONST.
Description: EXPAND MASTER SUITE. RENOVATE INTERIOR TO CREATE EXERCISE ROOM AND BATH REMODELS. NEW COVERED PORCH.
11- 0258 4/20/2011 ADDITION, Residential Issued 11987 BROOKGLEN DR
Permit Name: GARAGE ADDITION REMODEL 37824005
Description: CONSTRUCT NEW TWO CAR GARAGE. RENOVATE EXISTING GARAGE AND BEDROOM
$132,300.00
11 -0383 4/4/2011 REMODEL, Residential Issued 14270 ELVA AV
Permit Name: REMODEL 50327027
Description: WHOLE HOUSE RENOVATION. NEW COVERED PORCH
$199,140.00
11 -0405 4/4/2011 REMODEL, Residential Issued 20238 HILL AV $85,700.00
Permit Name: REMODEL 51722125 IRWIN FISHER
Description: RENOVATE KITCHEN, PANTRY, FAMI,YROOM, AND NOOK.
11- 0409 4/4/2011 WATER HEATER, Finaled 19661 SCOTLAND DR $0.00
Permit Name: WATER HEATER 39313001 ALL VALLEY PLUMBING
Description: REPLACE WATER HEATER
11- 0410 4/4/2011 MECHANICAL, Remodel Finaled 19145 BROOKVIEW DR
Permit Name: DUCTWORK 38605022
Description: ADD DUCTING AND DAMPERS TO CREATE FRESH AIR SYSTEM
$0.00
11 -0411 4/4/2011 REROOF, Residential Issued 19104 SPRING BROOK LN
Permit Name: REROOF 39704078
Description: REROOF HOUSE. TEAR OFF CLAY TILE INSTALL TORCH DOWN AND REPLACE TILE.
$50,400.00
O.D.R. ROOFING
11 -0412 4/4/2011 REMODEL, Residential Finaled 18931 EASTON PL $5,400.00
Permit Name: REMODEL MASTER BATH 38616023 AMERICAN KITCHEN & BATH
Description: RENOVATE MASTER BATH
11- 0413 / 4/4/2011 MISCELLANEOUS, Solar Issued 18596 ARBOLADO WY $0.00
Name: SOLAR 39706092 ALTAP ELECTRICAL
Description: INSTALL ROOF MOUNTED PHOTOVOLTAIC SYSTEM.
11- 0414 4/12/2011 PLUMBING, Gas Line Issued 20239 SARATOGA VISTA CT $0.00
Permit Name: GAS LINE 39342028
Description: ADD GAS LINE FOR COOKTOP
11 -0415 4/5/2011 WATER HEATER, Issued 19430 VIA REAL DR $0.00
Permit Name: WA 1E1( HEATER 39320014 AFFORDABLE WATER HEATERS
Description: REPLACE WATER HEATER
PERM110
CRWSYSTEMS
12325 Scully Avenue, Saratoga, CA - Google Maps
Go'g1e maps
5/14/11 8:09 PM
To see all the details that are visible on the
screen, use the "Print" link next to the map.
12100
4. Vali
19700 •
mom/
X2011 Google - lmagety 1 G data 101' Google -
http://maps.google.com/maps?hlen&tabs=w1
Page 1 of 1
i
t.
e �
w � k
A 4
yt
All
31. Ml
m
Municode
15- 45.010 - Purposes of Article.
S /14/1 PM
5
It is the policy of the City to review the proposed construction or significant expansion of single - family dwellings and
certain accessory structures under circumstances where such structures have the reasonable potential to constitute an
invasion of privacy, unreasonable interference with views, light or air, or create adverse impacts upon the aesthetic character
of neighboring residential structures. The purpose of this Article is to establish standards and procedures to be followed with
respect to the design review of single - family dwellings and certain accessory structures to ensure that new development
occurs in a manner, which is consistent with the objectives of this Chapter and the policies of the General Plan.
(Amended by Ord. 221 § 2 (part), 2003)
15- 45.020 - Compliance with development standards.
No single - family main structure or accessory structure shall be constructed or significantly expanded within any A, R -1,
HR, R -OS or R -M district unless the proposed structure or expansion complies with the floor area standards contained in
Section 15- 45.030 of this Article and the setback requirements contained in this Chapter. In the event of a conflict between
the floor area and setback requirements in Article 15 -45 and the standards set forth in the R -OS zone district, the more
restrictive standard shall govern. For the purposes of this Article, the terms "significantly expanded" or "significant expansion"
shall mean an expansion exceeding one hundred square feet. The Planning Commission shall have authority to grant a
variance from such regulations pursuant to Article 15 -70 of this Chapter.
(Amended by Ord. 71.98 § 10, 1991; Ord. 71.113 § 9, 1992: Ord. 221 § 2 (part), 20031- Ord. 245 § 2 (Aft. A) (part), 2006)
15- 45.055 - Residential Design Handbook.
All projects for the construction or expansion of a single - family main structure or an accessory structure shall be
consistent with the policies and implementation techniques described in the City of Saratoga Residential Design Handbook.
The Residential Design Handbook embodies and illustrates the intent of the design review findings prescribed in Section 15=
45 080 of this Article. A copy of the Residential Design Handbook shall be kept on file and available for public review at the
offices of the Community Development Director. The Residential Design Handbook was adopted by the City Council on
November 2, 1988.
(Amended by Ord. 221 § 2 (part), 2003)
15- 45.060 - Requirement for design review; public hearing.
(a) In each of the following cases, no building permit shall be issued for the construction, reconstruction or significant
expansion of a single - family main structure or accessory structure in any A, R -1, HR, or R -OS district until such
structure has received design review approval by the Planning Commission pursuant to this Article:
(1) Any new multi -story main structure or multi -story accessory structure.
(2) Any conversion of a single -story structure to a multi -story structure, except where such conversion does not
result in any exterior modifications to the existing structure beyond the installation of skylights in the roof.
(3) Any new single -story structure or addition to a single story structure over eighteen feet in height.
(4) Whenever design review is specifically required under the terms or conditions of any tentative or final
subdivision map, use permit, variance or conditional rezoning.
(5) Any main structure to be constructed upon a lot having a net site area of less than five thousand square feet.
(6) Whenever, as a result of the proposed construction, reconstruction or expansion, the floor area of all structures
on the site will exceed six thousand square feet.
(7) Whenever, in the opinion of the Community Development Director, the construction, reconstruction or significant
expansion of a main or accessory structure may be incompatible with the neighborhood, or may create a
perception of excessive mass or bulk, or may unreasonably interfere with views or privacy, or may cause
excessive damage to the natural environment, or may result in excessive intensification of the use or
development of the site.
(8) Whenever fifty percent or more of the structural elements or members of the existing exterior walls that define
the boundary of the building are removed as a result of reconstruction, replacement or expansion of a single
story structure over eighteen feet in height, or a multi -story main structure, or an accessory structure.
http: // library. municode.com /print.aspx ?clientID = 16616 &HTMRequest = ..e. com% 2fHTML% 2f16616% 2flevel2% 2fCH15ZORE _ART15- 45DERESIMIDW.html Page 1 of 2
VINO DIRECTION
Y.
RESIDENTIAL
o
DESIGN
HANDBOOK
City of Saratoga
�7)
PREFACE
Saratoga's physical characteristics; are unique among the many
communities located in the Santa Ceara Valley area. The city's
boundaries encompass both a flat, older residential area of the
valley and newer residential development in the steeper foothills of
the Santa Cruz mountains. The rural residential character of the
City has been created and maintained through low residential
densities, extensive landscaping along streets and yards, openness
of yards to the street, and the relatively low profile and height of
residences. The protection of views, both from the hillsides to the
valley and from the valley floor to i.he hillsides, has also been an
important part of Saratoga's physica__ development.
The Saratoga General Plan acknowl,,dges and protects the unique
residential characteristics of the C.ty through adopted policies and
programs in each of its Elements an =I through the regulations of the
Zoning Code. The specific regulations for design review of single -
family residential dwellings appear as Article 15 -45 of the City
Code. This Handbook has been prepared to assist in the
implementation of those regulations.
The purpose of this Handbook is to guide the homeowner, architect,
developer and builder in designing n..aw single - family dwellings, or
remodeling existing ones, that will be harmonious with the existing
fabric of Saratoga. The handbook also serves as a guide for the
City council, Planning Commissioi and City staff in the design
review process. The design policies and implementation techniques
set forth in the Handbook are not 9eant to discourage unique and
inventive design solutions. Rather' they embody the intent of the
findings that must be made for desiga review applications, and serve
as a basis on which decision - making oodies make their design - related
decisions. All of the policies and implementation measures in this
Handbook are interrelated. The repetition of certain key concepts
emphasizes their importance.
This Handbook is organized into two sections. The first section
outlines the five broad angle- family residential design policies
for Saratoga. Each policy is delined briefly, then followed by
design techniques that can be used to achieve the intent of the
policy. Sketches and renderings are used throughout this section to
illustrate the policies and techniques. The second section contains
the residential zoning standards relating to allowable floor area,
height, coverage, and setbacks. This section also contains tree
removal and fence regulations.
Cud
POLICY 3
Residential privacy is a key
ingredient in the quality of
life in Saratoga. Privacy
problems and impacts should be
resolved and addressed in the
initial design stage, not with
mitigation measures proposed
as an afterthought. Particu-
lar attention should be given
to privacy concerns on sub-
standard, small and infill
lots.
AVOID INTERFERENCE WITH PRIVACY
0
Policy 3 TECHNIQUE #2: Locate buildings to minimize privacy impact
DO'S
jAAcvcase- BOLL
dt-A-w m -b cJue v,
• �GY2AJs2� S��ial�
iM
SPrfD Se � o'hd - s I
DON'T'S
• �Ya iCi � � Siruc}ur�
lM C�iYe�- -
��
rem ttA ce-A, .
YES
NO
gopo9ed
c•j
E�a�m
Y
AGDO'tl
U
POLICY 4
The City of Saratoga has had a
long- standing commitment to
the protection of views, both
from the hillsides to the Bay
Area and from the Santa Clara
Valley to the hillsides.
Structures should be designed
to blend in with the hill-
sides, not project above
ridgelines and hilltops, and
to respect the view from
neighboring or higher residen-
ces.
PRESERVE VIEWS AND ACCESS TO VIEWS
Policy a
TECHNIQUE #t Locate structure to minimize view blockage
DO'S
• 'f3v4ecf dine vi e,w �rom
�Pne moor �lvvrg �a�
1 "Uf� V��f
DON'T'S
• � hD�" %ioT.k �CuJ
wz ar
• ftva�d u ytv� SIdt
crca:�z vices �r�bteu�.
NO %
fb
I