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Home My WebLink About101-Staff Report.pdf SARATOGA CITY COUNCIL MEETING DATE: May 4, 2011 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Christopher Riordan, AICP DIRECTOR: Christopher Riordan, AICP SUBJECT: Appeal APCC11-0001 – Appeal of a Design Review Approval by the Planning Commission (Design Review Application PDR10-015) to construct a new 23’-6” tall one-story single-family residence at 15395 Pepper Lane RECOMMENDED ACTION: Staff recommends the City Council deny the appeal, thus approving the proposed new 23’-6” tall one-story single-family residence. REPORT SUMMARY: Project History The Planning Commission reviewed this application at their March 23, 2011 meeting. During the site visit held on the day preceding the meeting, the Appellant brought to the attention of the Planning Commission his concerns that the location of the proposed residence would block his views of the nearby hills. The Appellant’s residence is located at 15351 Pepper Lane, immediately adjacent to the proposed project. At the Appellant’s request, the Planning Commission also viewed the proposed project from inside his home. While in his home the Appellant pointed out the location and height of the applicant’s “story poles” to further illustrate his belief that the proposed project would block his views. The Appellant reiterated his concerns to the Planning Commission during the Public Hearing. The Planning Commission approved the project and on April 4, 2011 the Appellant filed an appeal. Included as Attachment #5 is a written report submitted by the Appellant that discusses how the location of the proposed new residence is not in compliance with the policies of the City of Saratoga Residential Design Handbook. The Appellant states that the proposed home would not comply with both Policy #3 (Avoid Interference with Privacy) and Policy #4 (Preserve Views and Access to Views). Included as Attachment # 6 are materials submitted by the Applicant that provide background information on the 51 foot front yard setback of the proposed residence. The applicant states that the proposed setback is a result of 1) locating the building footprint to preserve an existing Magnolia tree as required by the City Arborist; and 2) complying with the average setback of the adjacent ten houses. Pepper Lane is characterized by homes with front setbacks that exceed the 30 foot minimum for the R-1-40,000 zoning district. The map submitted by the applicant (Attachment #7) indicates that the average front setback for the existing homes on the west side of Pepper Lane (the project side of the street) between Glen Una Drive and Lark Way is 53 feet. The map also indicates that the average front setback on the opposite side of the street is 75 feet. Project and Site Characteristics The gross square footage of the lot is 20,954 square feet with an average slope of 5.4%. The proposed project would consist of a new 4,474 square feet 23’-6” tall one story single-family dwelling. No accessory buildings are proposed. The maximum allowable floor area is 4,518 square feet. The applicant has identified the architectural style of the proposed residence as “Mediterranean”. Proposed architectural details include a stucco exterior finish, arched fixed windows and rectangular shaped operable wood windows, and an ornate double-sash entrance door opening into an interior entrance hall. Other features include decorative iron railings around the light wells and a dark beige colored stone veneer used for the tower element and base of the building. The roof would be composed of slate with a blend of brown and grey tiles. The circular front driveway would be made of grass underlain with “Grasspave” which are composed of honeycombed shaped reinforcements installed below the level of the grass thereby creating a surface capable of supporting the weight of motor vehicles. This driveway surface would look like a normal lawn and would not be considered an impervious surface. Trees The project is proposing to remove three trees protected by City Code. These include an 11.2” American Sweetgum in good condition, a 35” multi-trunk Avocado in fair condition, and a 16.7” Almond in fair condition. The three trees are within the proposed building footprint. Their proposed removal has been approved by the City Arborist. The project includes a condition of approval requiring the applicant to plant new trees to equal or exceed the $9,680 appraised value of the trees to be removed. Nine additional trees could potentially be impacted by construction. These include two American sweet gums, one Colorado blue spruce, one California pepper, one southern magnolia, one coast live oak, one English walnut, one saucer magnolia, and one English holly. These trees would be protected by tree fencing during the construction of the project. The applicant would be required to submit a $38,310 security deposit (100% of their appraised value) for the protection of these trees prior to issuance of a building permit. FISCAL IMPACTS: Not Applicable CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Applicant would either not demolish the existing home or would submit another Design Review application for a new residence. ALTERNATIVE ACTION: 1. Uphold the appeal and overturn the Planning Commission’s approval of the proposed project, thus denying Design Review Application PDR10-0015. 2. Continue the public hearing to allow the applicant an opportunity to restudy project-related issues raised by the City Council. FOLLOW UP ACTION: Not Applicable ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: 1. Resolution affirming Planning Commission approval of application PDR10-0015 2. Appeal application 3. Planning Commission Staff Report dated March 23, 2011 meeting (without attachments) 4. Project Description Letter (prepared by Applicant) 5. Appellants’ Report 6. Applicants’ Report 7. Setback Exhibit (prepared by project architect) 8. Neighbor Notification Forms for Planning Commission meeting 9. Arborist Report. 10. GreenPoint Rated Checklist for Single-family Homes (prepared by Applicant) 11. Exhibit A – Plans reviewed by Planning Commission (City Council Members Only)