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SARATOGA CITY COUNCIL
MEETING DATE: April 1, 2009 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Michael Fossati, Asst. Planner DIRECTOR: John Livingstone, AICP
SUBJECT: Appeal of Design Review Application No. PDR08-0034: 14966 Sobey Road, which was
approved by the Planning Commission, to construct a new 5,754 square foot two-story home
and 1,724 square foot basement.
RECOMMENDED ACTION:
Deny the appeal, thus affirming the Planning Commission Design Review approval issued on January 28,
2009.
DISCUSSION:
Project History
An application was submitted on October 7, 2008 to construct a new two-story single-family residence at
14966 Sobey Road. The Planning Commission reviewed the project and recommended approval at their
meeting of January 28, 2009. The new two-story residence has 5,754 square feet of floor area and 1,700
square feet of basement. The height of the proposed structure is 26 feet. The Commission heard from both
the Applicant’s representative and concerned neighbors. After the public hearing was closed, the
Commission discussed the project in detail and found in favor of the application (4 ayes, 1 noes, 1
abstain). The neighbor’s concerns included: 1) the project is out of character with the neighborhood, 2)
the project will cut off views of the hillsides, and 3) existing drainage may be adversely affected (please
refer to meeting minutes - Attachment #4).
The Commission’s approval included a permanent condition to not allow the planting of trees that reach
50 feet in height within the required rear yard. The tree planting condition is to protect the hillside views
of neighbors to the rear. The Commission also required the applicant to furnish a Final Landscaping Plan
prior to receiving permits. The Final Landscape plan shall increase landscape screening on the most
northwest corner of the lot and provide a small break in the landscaping further up the road for
maintenance access to the vineyard. The majority of the Commission stated that: 1) the criteria of Design
Review approval had been met, 2) the style of the residence is similar to homes nearby, 3) there is not an
unreasonable impact on views and privacy, 4) the perception of bulk is lessened by the articulation of the
design and placement into the hillside, and 5) the second story element represents only a small portion of
the home.
In the appeal application (Attachment #2), neighbors state that the proposed two-story, single-family
residence has a presence of a three-story structure that would set precedence in the area and would cut off
views of neighbors above and below the project site. Letters have been submitted by the appellant
2
(Attachment #5 and #6) for City Council review.
FISCAL IMPACTS:
Not applicable.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The proposal for a new residence would be denied.
ALTERNATIVE ACTIONS:
The City Council could also take one, or a combination of, the following alternative actions.
1. Approve the appeal, thus reversing the Planning Commission Design Review Approval issued
on January 28, 2009.
2. Direct the applicant to make additional changes and continue the public hearing to a date
certain.
3. Direct the applicant to make additional changes and refer the application back to the Planning
Commission.
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Mailed notice to property owners within 500 feet, posted notice, and advertised the notice in the Saratoga
News.
ATTACHMENTS:
1. City Council Resolution of approval of application PDR08-0034.
2. Appeal application dated February 11, 2009.
3. Planning Commission Staff Report dated January 28, 2009.
4. Minutes from the Planning Commission meeting of January 28, 2009.
5. Letter and Photos from Appellant - Richard and Diana Anderson, received March 10, 2009
6. Letter and Photos from Appellant – Pouliout, Chowdary, received March 10, 2009
7. Affidavit of mailing, notices, labels and map
8. Plans, Exhibit A from Planning Commission meeting of January 28, 2009