HomeMy WebLinkAbout2014_04_02 Written Communications - Appeal
City of Saratoga
Memorandum
To: Saratoga City Council
From: Crystal Bothelio, City Clerk
Date: April 2, 2014
Subject: Written Communications on Item 12: Appeal of the Planning Commission’s
Denial to Construct a New 3,348 Square Foot Two-‐‑Story Home at 13580
Saratoga Vista Avenue
After the agenda packet for the April 2, 2014 City Council meeting was prepared and
posted, the City received the several written communications on Agenda Item 12:
Appeal of the Planning Commission’s Denial to Construct a New 3,348 Square Foot
Two-‐‑Story Home at 13580 Saratoga Vista Avenue.
The written communications are attached to this memo.
Monday,(March(31,(2014(8:42:37(AM(Pacific(Daylight(Time
Page(1(of(1
Subject:Timeline'Design'Project'decision
Date:Friday,'March'28,'2014'12:28:57'PM'Pacific'Daylight'Time
From:bonnie_wright@comcast.net'<bonnie_wright@comcast.net>
To:Cynthia'McCormick'<cmccormick@saratoga.ca.us>,'City'Clerk'[Crystal'Bothelio]
<ctclerk@saratoga.ca.us>
CC:Matthew'Harrigan'<mharrigan@tldesign.net>
Dear Ms. McCormick and Ms Bothelio:
My name is Bonnie Wright and I am a current Saratoga homeowner. I am writing to express my
concern and, frankly, outrage, over the denial of the most recent Timeline Design Project. I have read
the documentation submitted, and as a practicing attorney, it appears that the city has made a significant
error which will produce far reaching unintended consequences. How can a project that is in full
compliance with the existing City Codes and Design Guideline be denied?
When building our home, we went to significant expense to adhere to all codes and guidelines. If the
Planning Commission feels the guidlines and city codes should be changed, there is a process for doing
so, as you well know. And that process is there for a reason, to protect all Saratoga Residents. At this
point, the project is in compliance and I urge you to reconsider the decision. This error affects all of the
residents of Saratoga, not only the resident involved in this particular project. I have grave concerns
regarding what appears, to be a misuse of power. Please reconsider.
Bonnie Wright, Esq.
Monday,
March
31,
2014
9:23:43
AM
Pacific
Daylight
Time
Page
1
of
1
Subject:Planning
Commission
Appeal
to
the
City
Council
-‐
13580
Saratoga
Vista
Date:Saturday,
March
29,
2014
4:05:54
PM
Pacific
Daylight
Time
From:James
A.
Campagna
<jim@plazaloans.com>
To:Cynthia
McCormick
<cmccormick@saratoga.ca.us>,
City
Clerk
[Crystal
Bothelio]
<ctclerk@saratoga.ca.us>
Hon. Members of the Saratoga City Council,
Regarding the recent Planning Commission decision on the aforementioned project. I request that you
vote to overturn the planning commission in support of the homeowner. This is a fine project and I
trust the council will endeavor to uphold the private property rights of its citizens when reasonably
possible.
Thank you for serving on our City Council.
James
A.
Campagna
19511
Glen
Una
Drive
Saratoga,
CA
95070
CONFIDENTIALITY
NOTICE:
This
e-‐mail
communication
may
contain
CONFIDENTIAL
INFORMATION
and/or
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protected
by
law
from
disclosure
and
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named.
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in
error,
please
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immediately
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mail,
or
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calling
(408)
978-‐0400.
Delete
this
communication
and
destroy
all
copies.
Please
consider
the
environment
before
printing
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email.
Monday,
March
31,
2014
9:24:36
AM
Pacific
Daylight
Time
Page
1
of
1
Subject:Design
Review
PDR13-‐0012
(13580
Saratoga
Vista
Ave.)
Date:Saturday,
March
29,
2014
3:07:33
PM
Pacific
Daylight
Time
From:Percy
Aria
<paria@juniper.net>
To:City
Clerk
[Crystal
Bothelio]
<ctclerk@saratoga.ca.us>
Dear Ms Bothelio,
We are the homeowners at 20133 Thelma Ave., which is at the junction of Saratoga Vista Ave. and
Thelma Ave.
The proposed two story structure at 13580 Saratoga Vista Ave. (APN 393-39-025) is too massive and
uncharacteristic of the neighborhood and does not take into consideration its effects on the adjacent
property at 20130 Thelma Ave. and its privacy.
A lower single story structure with an equivalent footage distributed across the lot would be much more
suitable to blend in with the neighborhood.
There have been eighteen new/renovated homes on Thelma Avenue and not a single structure is two
story.
We urge that the City Council uphold the planning commission’s decision to deny the proposed two
story plan for 13580 Saratoga Vista Ave.
Thanks for your consideration.
Percy & Nina Aria
Monday,
March
31,
2014
9:22:17
AM
Pacific
Daylight
Time
Page
1
of
1
Subject:Planning
Commission
Appeal
to
the
City
Council
-‐
13580
Saratoga
Vista
Date:Sunday,
March
30,
2014
7:21:07
PM
Pacific
Daylight
Time
From:Auches,
Bruce
A
<bruce.a.auches@intel.com>
To:Cynthia
McCormick
<cmccormick@saratoga.ca.us>,
City
Clerk
[Crystal
Bothelio]
<ctclerk@saratoga.ca.us>
CC:Jeanne
Auches
(jauches@comcast.net)
<jauches@comcast.net>
To
Ms.
Cynthia
McCormick
and
Ms.
Crystal
Bothelio:
As
Saratoga
citizens
we
are
concerned
about
the
fairness
of
the
Planning
Commission’s
decision
to
deny
the
permit
on
this
property
for
the
following
reasons:
1. Fair
Application
of
rules
-‐
The
Planning
Commission’s
decision
is
inconsistent
with
the
recommendations
made
for
the
houses
recently
built
(in
2010)
across
the
street.
These
houses
are
larger
than
the
one
proposed.
The
Planning
Commission
should
thoroughly
explain
the
reasoning
on
this
point.
It
does
not
seem
the
rules
were
applied
the
same
way
for
the
proposed
property.
This
is
not
fair
to
its
owner.
2. Two
story
homes
are
allowed
and
in
some
cases
can
be
less
impactful
-‐
City
guidelines
allow
for
two
story
homes
if
they
follow
existing
roof
contours
of
adjacent
residences.
The
proposed
property
appears
to
follow
existing
roof
contours
well
due
to
its
lower
profile
design,
narrow
lot,
considerable
distance
from
the
residence
to
the
north
and
the
general
slope
of
the
area.
A
one
story
residence
would
likely
have
to
be
closer
to
the
residence
to
the
north
and
thus
have
a
greater
impact
on
the
residence
to
the
north.
Respectfully,
Bruce
and
Jeanne
Auches
Monday,
March
31,
2014
9:08:45
AM
Pacific
Daylight
Time
Page
1
of
1
Subject:In
Regards
to
the
proposed
project
at
13580
Saratoga
Vista
Ave,
Saratoga
Date:Monday,
March
31,
2014
6:51:53
AM
Pacific
Daylight
Time
From:Cara
Fernandez
<cara_fernandez@yahoo.com>
To:City
Clerk
[Crystal
Bothelio]
<ctclerk@saratoga.ca.us>
Dear
Crystal
Bothelio:
As
a
Saratoga
Resident
I
have
reviewed
the
proposed
project
at
13580
Saratoga
Vista
Ave
and
it
looks
very
similar
to
another
project
that
was
approved
across
the
street.
It
seems
that
the
rules
are
not
being
applied
fairly
to
this
project
as
the
proposed
house
is
smaller
and
lower
than
the
ones
across
the
street.
In
the
information
I
reviewed,
the
planning
staff
recommended
approval
of
the
project,
and,
based
upon
the
information
in
the
Handbook
provided
by
Timeline
Design
the
project
is
in
compliance
with
all
the
city
guidelines.
I
think
the
project
will
fit
in
very
well
with
the
neighborhood
and
will
not
decrease
our
property
value.
As
I
drive
through
my
neighborhood,
I
enjoy
seeing
new
construction.
It
makes
me
believe
there
is
a
future
for
Saratoga,
a
rebirth.
If
new
homeowners
are
denied
the
ability
to
improve
their
property
and
build
their
“dream”
homes,
we
will
lose
prospective
buyers
to
neighboring
communities.
This
will
not
only
affect
our
property
values,
but
impact
other
areas
of
our
community
including
our
local
schools.
Sincerely,
Cara
Fernandez
Monday,
March
31,
2014
11:57:41
AM
Pacific
Daylight
Time
Page
1
of
2
Subject:Re:
13590
Saratoga
Vista
Ave
Date:Monday,
March
31,
2014
11:50:12
AM
Pacific
Daylight
Time
From:Lee
Zhang
<lzhangg@gmail.com>
To:Cynthia
McCormick
<cmccormick@saratoga.ca.us>,
City
Clerk
[Crystal
Bothelio]
<ctclerk@saratoga.ca.us>,
Helen
Xu
<hxu1988@yahoo.com>
Hi
Cindy,
As
the
owners
of
property
at
13591
Saratoga
Vista
Ave,
we
are
sending
you
the
email
to
support
the
appeal
to
the
City
Planning
Commission’s
decision
by
Margaret
Li's
family.
Based
on
my
research
the
owner
has
revised
their
original
design
several
times,
however
the
city
still
declined
their
design
plan
based
on
false
assumption
raised
by
one
of
the
neighbors.
We
strongly
believe
City
has
put
them
through
a
lot
and
it
is
very
unfair.
In
review
of
their
plan,
the
house
they
are
proposing
is
very
consistent
with
the
neighborhood
and
adheres
to
all
city
guidelines.
Please
review
their
revised
plan
carefully,
we
sincerely
hope
you
can
do
it
right
this
time
and
approve
their
revised
plan
accordingly.
Sincerely,
Helen
Xu
and
Li
Zhang
On
Tue,
Dec
10,
2013
at
5:03
PM,
Lee
Zhang
<lzhangg@gmail.com>
wrote:
Hi
Cindy,
We
are
the
owner
of
the
property
located
at
13591
Saratoga
Vista
Ave,
just
across
the
street
from
the
property
which
is
in
the
design
phase
and
will
start
to
be
rebuilt
from
ground
up
soon.
We
understand
the
design
of
new
property
has
been
revised
a
few
times
due
to
complaints
from
adjacent
neighbors,
we
however
would
like
to
support
the
current
design
and
elevation
of
the
new
build,
we
believe
the
design
is
not
only
compatible
with
the
surrounding
style
but
also
helps
to
increase
the
overall
market
value
of
the
properties
in
the
community.
Please
feel
free
to
contact
us
if
you
would
like
to
talk
to
us
regarding
the
comments.
Regards,
Helen
Xu
and
Li
Zhang
408-‐315-‐9470
Page
2
of
2
-‐-‐
Lee
Zhang
Managing
Director
Abacus
Financial
Services
BRE#
01438631
NMLS#
196970
Cell
408-‐315-‐9470
Tel.510-‐353-‐0855
Fax.510-‐353-‐0850
Monday,
March
31,
2014
9:08:14
AM
Pacific
Daylight
Time
Page
1
of
1
Subject:Project
at
13580
Saratoga
Vista
Ave
Date:Monday,
March
31,
2014
12:48:28
AM
Pacific
Daylight
Time
From:Mei
Wang
<222mei@gmail.com>
To:City
Clerk
[Crystal
Bothelio]
<ctclerk@saratoga.ca.us>
Dear
Crystal,
As
a
resident
of
City
of
Saratoga,
I
do
not
think
the
decision
made
by
the
City
Planning
Commission
about
this
project
(13580
Saratoga
Vista
Ave)
was
fair
to
the
applicant.
As
we
can
see,
a
single-‐story
house
will
have
a
larger
impact
to
the
surrounding
neighborhood.
Because
the
neighbors
will
be
facing
a
much
larger
wall
and
it
also
requires
a
lot
of
grading
to
the
natural
ground.
In
this
particular
case,
a
two
story
house
seems
to
be
a
more
reasonable
solution
because
it
will
minimize
the
grading
and
the
size
of
the
wall
that
the
neighbor
will
be
seeing.
Plus,
there
are
two
bigger
houses
across
the
street
are
two-‐story
houses,
I
do
not
see
the
reason
why
they
cannot
have
another
two-‐story
house
here.
Thanks!
Mei
Wang,
Ph.D.
Monday,
March
31,
2014
12:42:05
PM
Pacific
Daylight
Time
Page
1
of
1
Subject:Planning
Commission
Appeal
to
the
City
Council
-‐
13580
Saratoga
Vista
Date:Monday,
March
31,
2014
12:14:02
PM
Pacific
Daylight
Time
From:Rachel
Campagna
<rachel@campagnalaw.com>
To:Cynthia
McCormick
<cmccormick@saratoga.ca.us>,
City
Clerk
[Crystal
Bothelio]
<ctclerk@saratoga.ca.us>
Priority:High
Dear Saratoga City Council,
My name is Rachel Campagna and I am writing to you, as a property owner and resident of Saratoga, to
express my support of the abovementioned construction project.
I am supportive of this project for the following reasons:
1. The design of the home is compatible with the neighborhood. It is compatible with the
neighborhood because two homes of similar design, located across the street, were approved by
the planning commission and built in 2010. This project is smaller in scale than the two existing
homes.
2. The proposed design of this home would have less impact on the environment than a one
story. A two story structure is appropriate for this location because it allows the structure to
follow the existing contours of the terrain resulting in less grading of the property. Further, a
one story structure would cover most of the property resulting in unnecessary impervious
coverage.
3. The Council should protect private property rights of its citizens. This project meets all
existing design/building codes and standards. The denial of this project by the planning
commission is arbitrary.
Therefore, I request that you vote to overturn the planning commission in support of the homeowner.
Thank you for serving our city.
Rachel Campagna, Esq.
19511 Glen Una Drive
Saratoga CA 95070
CONFIDENTIALITY
NOTICE:
This
e-‐mail
communication
may
contain
CONFIDENTIAL
INFORMATION
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only
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use
of
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intended
recipients
named.
If
you
are
not
the
intended
recipient
of
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communication,
or
the
person
responsible
for
delivering
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to
the
intended
recipient,
you
are
hereby
notified
that
the
reading,
copying,
or
distributing
of
this
communication,
or
any
unauthorized
review,
use,
dissemination,
downloading,
or
copying
of
this
communication
is
strictly
prohibited.
If
you
have
received
this
communication
in
error,
please
notify
the
sender
immediately
by
reply
e-‐
mail,
or
by
calling
(408)
978-‐0400.
Delete
this
communication
and
destroy
all
copies.
Please
consider
the
environment
before
printing
this
email.
Monday,
March
31,
2014
9:07:40
AM
Pacific
Daylight
Time
Page
1
of
1
Subject:FW:
Planning
Commission
decision
re:
13580
Saratoga
Vista
Avenue
Date:Monday,
March
31,
2014
7:33:37
AM
Pacific
Daylight
Time
From:Cynthia
McCormick
<cmccormick@saratoga.ca.us>
To:City
Clerk
[Crystal
Bothelio]
<ctclerk@saratoga.ca.us>
From: Rick Pearce [mailto:pearce4@gmail.com]
Sent: Friday, March 28, 2014 11:32 AM
To: Cynthia McCormick
Subject: Planning Commission decision re: 13580 Saratoga Vista Avenue
Dear Ms. McCormick:
I am writing you today to express my concern over the recent Planning Commission decision
regarding the above-named project. As a Saratoga resident and homeowner, I cannot understand
how a project that is already in full compliance with the City Codes and Design Guidelines -- and has
demonstrated a willingness to go beyond the codes and guidelines in consideration of the needs of
the City and the neighborhood -- could possibly be denied.
What purpose do the codes and guidelines -- and the recommendations of the city staff -- serve if this
is the case? Who is going to reimburse homeowners for the tremendous expense they go through to
follow the recommendations of the city staff and design their projects to these guidelines?
As a concerned Saratoga resident and homeowner, I am requesting to have you reconsider this
decision in light of the implications it has for ALL of the residents of Saratoga.
Thank you,
Rick Pearce
408.348.4809
Tuesday,
April
1,
2014
8:22:25
AM
Pacific
Daylight
Time
Page
1
of
1
Subject:Proposed
Home
on
13580
Date:Tuesday,
April
1,
2014
7:17:46
AM
Pacific
Daylight
Time
From:Marilyn
Mason
<marmaso@me.com>
To:City
Clerk
[Crystal
Bothelio]
<ctclerk@saratoga.ca.us>
After
attending
the
site
visitation,
and
having
gone
to
the
first
one
as
well,
it
was
interesting
noting
the
difference
in
presentation.
Today's
had
quite
a
large
setup
of
information
to
impress
the
city
council,
but
the
"fact"
still
remains
that
it
is
a
very
imposing
structure
for
the
area
and
Ravi's
neighboring
home.
Timeline
pointed
to
5
or
6
other
places
not
too
nearby
that
had
worse
views
and
impacts
on
their
neighbors,
which
does
not
make
them
justified,
or
have
anything
to
do
with
making
it
right
for
this
building
to
have
the
same
effect.
What
about
all
of
the
homes
that
are
done
in
wonderful
proportions
and
view
sightlines
that
are
built
all
the
time?
I
find
it
hard
to
understand
when
the
Planning
Commission
spent
a
lot
of
time
and
ruled
against
the
proposed
structure,
how
the
City
Council
could
find
enough
new
information
to
be
in
favor
of
it.
a
concerned
neighbor,
Marilyn
Mason
Wednesday,
April
2,
2014
10:55:12
AM
Pacific
Daylight
Time
Page
1
of
1
Subject:Saratoga
Vista
Ave
new
house
proposal
Date:Wednesday,
April
2,
2014
10:53:49
AM
Pacific
Daylight
Time
From:dianeporternet@comcast.net
<dianeporternet@comcast.net>
To:City
Clerk
[Crystal
Bothelio]
<ctclerk@saratoga.ca.us>
Hello,
I'm a neighbor on Saratoga Vista Ave. and have already written a letter with my objections
to the new house proposed on our street. I'm just emailing again to say that I can't be there
tonight, but would still like to oppose the plan. The planning department should see that
this particular property is on a steep slope and as such is not appropriate for a two story
house. The houses across the street are nestled in a low spot and this new one would not
be. The lot is large and there must be better design options for this builder to use.
Thanks,
Diane Porter
13777 Saratoga Vista Ave.
Wednesday,
April
2,
2014
5:16:46
PM
Pacific
Daylight
Time
Page
1
of
1
Subject:19580
Saratoga
Vista
Ave
Date:Wednesday,
April
2,
2014
4:40:55
PM
Pacific
Daylight
Time
From:Tim
Henderson
<tim@cypress-‐re.com>
To:Cynthia
McCormick
<cmccormick@saratoga.ca.us>,
City
Clerk
[Crystal
Bothelio]
<ctclerk@saratoga.ca.us>
CC:Matthew
Harrigan
<mharrigan@tldesign.net>
Priority:High
Dear Ms. McCormick:
I am writing you today to express my concern over the recent Planning Commission decision
regarding the above-named project. As a Saratoga resident, on and off since 1980, I cannot
understand how a project that is already in full compliance with the City Codes and Design
Guidelines -- and has demonstrated a willingness to go beyond the codes and guidelines in
consideration of the needs of the City and the neighborhood -- could possibly be denied.
What purpose do the codes and guidelines -- and the recommendations of the city staff -- serve if this
is the case? Who is going to reimburse homeowners for the tremendous expense they go through to
follow the recommendations of the city staff and design their projects to these guidelines?
As a concerned Saratoga resident, I am requesting to have you reconsider this decision in light of the
implications it has for ALL of the residents of Saratoga.
Let me close by re-iterating the concerns I shared with you at the site meeting on Monday –
this recent decision by the planning commission feels arbitrary and capricious. I encourage the
City Council to make the correct decision and approve this project as shown.
Thank you,
Tim Henderson
Partner, Cypress Group
direct 408.867.8813
cell 408.529.9651
email tim@cypress-re.com
20640 Third St, # 600
Saratoga CA 95070
Wednesday,
April
2,
2014
10:52:07
AM
Pacific
Daylight
Time
Page
1
of
1
Subject:13580
Saratoga
Vista
Project
Date:Wednesday,
April
2,
2014
10:47:41
AM
Pacific
Daylight
Time
From:Zari
Mohazzab
<zmohazzab@yahoo.com>
To:City
Clerk
[Crystal
Bothelio]
<ctclerk@saratoga.ca.us>
Hello,
I disagree with building two stories in this slopped lot. The plan shows many windows in the second floor. We
live across from these house and these windows are privacy issues for us.
Thanks,
Zari