HomeMy WebLinkAbout102-Attachment 2: Appeal Appllications and Letters.pdfAppellant Name:
Address:
Telephan
• CITY OF SARATOGA •
PLANNING COMMISSION
APPEAL APPLICATION
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Applicant Signature: Date:
c. )i6 PAVI,es
❑ Municipal Code Section 2- 05.030 (a) appeals:
• No Hearing $100.00
• With Hearing $200.00
❑ Municipal Code Section 15- 90.010 appeals (Zoning related):
• Appeals from Administrative Decisions to the Planning Commission
$250.00
Municipal Code Section 15- 90.020 appeals (Zoning related);
• Appeals from the Planning Commission to the City Council
$250.00
EJRequest for a Continuance:
• First Request No Charge
• 2nd Request $250.00
Date Received: _ ��� �, `� 100
Hearing Date:: �.� &'r'
Fee: _ f D
Receipt #: U/ 74�:
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APPEAL APPLICATION
CITY OF SARATOGA
COMMUNITY DEVELOPMENT
Appellant Name:
Address:
Telephone #
Name of Applicant
(If different than Appellant):
Project file number and address:
Decision being appealed:
�7
1571
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Grounds for appeal (Letter may be attached):
Applicant Signature:
❑ City Code Section 2 -05.0 (a) appeals:
• No Hearing
• With Hearing
r n !
$100.00
$200.00
❑ City Code Section 15- 90.010 appeals (Zoning related):
• Appeals from Administrative Decisions to the $250.00
Planning Commission
City Code Section 15- 90.020 appeals (Zoning related):
• Appeals from Planning Commission to the City Council $250.00
❑ City Code Section 13- 20.060 appeals
• Appeals from Heritage Preservation Commission to the No Charge
Planning Commission.
❑ Request for a Continuance:
• First Requests No Charge
• 2nd Request $250.00
Date Received: ,-2D1) 41 Hearing Date: Zoe
Fee: O� r i Receipt #: leiCi
?AFonw & Procedures\Appeal Application.doc
Date:. June 4, 2007 0
•
To: Saratoga City Council members and Planning Commission
From: Mary Boscoe, resident of 14611 Big Basin Way — D, Saratoga, CA 95070
RE: Planning Decision of Project # 07 -028 (503 -25 -013)
Background: Disregarding the initial concerns of the neighbors of 14639 Big Basin Way after
its first presentation to the public, the City of Saratoga Planning Commission approved the
above - referenced project on May 23, 2007.
Asa long -time resident of Saratoga (over 25 years), we were very puzzled by planning
commission's approach and disappointed by Planning Commission's very hasty decision. While
we understand the need for mixed -use projects in The Village and desire to maximize the use of
one's property, we think the Sloan/Zambetti project is out of character with the scale of
neighboring properties and creates issues that would have normally warranted further
investigation or clarification.
Based upon our attendance and subsequent review of the Video Archive, we would like know
how the proposed project complies with prevailing zoning or planning guidelines. We would
also like to understand how a project scale of this project was approved without developer
contacting or taking into consideration any concerns of neighbors who are impacted the most by
the proposed project. In particular, we would like to know how the following items were
determined or addressed by the planning commission and staff:
• Coverage ratio: How was this determined? It sounds like the coverage ratio is determined
"net lot size "; however, when various people discussed the allowable square footage of up to
60% for CH2 zoning, it seems like they were using the gross lot size project for their
calculation.
As a result, it is unclear how coverage ratios referenced throughout the meeting was
specifically determined. Was the coverage ratio referenced in the meeting calculated off the
gross parcel size or net parcel size? What is the difference between the net lot size versus the
gross lot size when determining coverage ratios? Does the topography of the lot or
environmental considerations, such as drainage, required set backs, dedicated open space, or
proximity /impact to the natural flow of waterways /riparian rights (creek) have any factor in
determining the net lot size? Are coverage ratios of existing uses considered? If these factors
have an impact on determining the net lot size, what is the net lot size after accounting for
these factors? This was never really addressed or clarified in the meeting.
With respect to the building square footage, it is unclear how this was determined. Was the
basement included or other storage area considered? Since the carport gives the appearance
of the enclosed structure from the neighboring properties, were these parking structures
considered part of the square footage? Considering the buildings appear more massive than
the current properties to the east, how was the height for each building determined and why
do they appear more massive than the existing building or neighboring office building or
existing building? Again, this comparison was never specifically addressed.
> In. *addition, the story poehowing differences in mass appeare *anginal without proper
netting or horizontal beams representing the true size of the proposed project. These story
poles were up for very short time before the planning commission meeting and removed
almost immediately following the planning commission's approval. We believe the total time
the poles were up was less than two weeks. In that regard, we would like to know whether
story poles were up the required amount of time to give the community a true sense the scale
of the proposed project relative to the surrounding buildings.
• Parking: Given demand for parking in Village, how does the subject project comply
with parking requirements for more the 4,800 square feet (2,348 square feet or more of
commercial space (office and retail space) plus two rental units totaling 2,500 square feet?
Since the project appears to have a low number of on -site parking spots and demand for
street parking is high, what is this project doing comply with parking requirements and
satisfy the increased parking demand created by its proposed higher impact use? Does the
project fulfill the parking requirements for the proposed use and zoning? If it does not, what
variance, concessions, or restrictions are being made to insure the proposed use legally
conforms to the current zoning ordinance and does not add to current parking issues in the
underparked Village area? Again, we feel the parking issue was not adequately addressed in
the May 23rd meeting.
• Studies: Considering the increased square footage of this project, what kind of
studies were done to ensure the subject site can support the higher density use? Were there
any soil or drainage studies done to determine the impact this project might have on the creek
or properties downstream to the east? Does the site require any review by the Army Corps of
Engineers, other regulatory bodies or agencies to make sure the area will not be subjected to
increased erosion caused the proposed higher impact use? Given the increased residential
and commercial use, was any sort of environmental impact study (EIR) completed or soils
/erosion study completed for this project? If these studies were done, are they available to
the public?
• Design Process: It appears there have been several design concepts and uses
contemplated by the current Applicant / Property owner since they made their first
submission back in January 2006. However, it seems the May 23rd meeting was first time the
project went before the planning commission or public. How does a project of this
magnitude get approved the first time when developer never seriously approached the
neighboring property owners who will be most dramatically impacted by the scale of the
project? Why did the planning commission unanimously approve without any serious
consideration from the neighbors impacted by this Property when the proposed plans were
only presented to the general public at the May 23' meeting? The Planning Commission's
decision seemed to support premise that neighborhood input is really unimportant and
unnecessary for future projects.
Based upon a review of the plans, it appears the height of the subject dwarfs the neighboring
properties to the east. It also seems like neighborhood concerns were never a consideration
for this project, as most of the neighbors were never contacted regarding the prior plans for
this project and all previous uses discussed on the site excluded neighborhood input from the
property owners to the east.. Since the height and mass is out of character with neighboring
properties, the subject creates a denser, cavernous feeling that reduces natural light, views
and the overall ambience that attracted neighboring property owners to the area. Frankly, the
planning commission's responses to the neighboring properties were somewhat offensive and
ii.sensitive. In one ca-lWhen the concern of a view was ro the neighboring office
tenant, a planning commissioner responded by saying "wouldn't an office building be a non-
conforming use under the current zoning ". Another commissioner stated that neighboring
residence only had "small view of the mountains from their living room and it would only be
cut half', as if having a view reduced by 50% was no major concern.
We really feel that the planning commission failed to protect the rights or concerns of the
current neighbors and we are wondering why the concerns expressed by the neighbors
weren't given further consideration at or prior to planning commission meeting. To get a
unanimous approval after the first public presentation for a project of this size appears
unprecedented and we believe a more sensitive design with more neighborhood input is
warranted.
Since the May 23`d Planning Commission meeting occurred shortly after the required notices
went out neighboring properties and the story poles were only up for a very short period of time,
we did not have adequate time to prepare for the planning commission meeting. As a result, we
remain confused about how a project of this magnitude was approved so quickly and we still
have numerous questions regarding the design, zoning, parking, and environmental impact of
this projdect has on the neighborhood. Therefore, we are appealing the Planning Commission's
May 23 decision in order to get further clarification regarding the questions raised herein and to
see if a less intensive project could be given more consideration by the developer.