HomeMy WebLinkAbout04-10-13 Planning Commission Agenda PacketTable of Contents
Agenda 2
March 27, 2013
Action Minutes 4
Application MOD13-0002; 15253 Montalvo Road (517-18-026);
Alfred and Kathy Murabito - The applicant is requesting Design
Review approval of a new single-story detached 768 square foot
secondary dwelling unit. Staff Contact: Cynthia McCormick
(408) 868-1230.
Staff Report 6
Resolution of Approval 11
Public Noticing 15
Neighbor Notices 17
CalGreen Checklist 19
Plans 27
Application MOD13-0006 – 12858 Pheasant Ridge Rd. (366-57-
004) Lim - The applicant is requesting design review approval
for a modification to approved plans to increase the square
footage of a detached structure from 751 square feet to 1,200
square feet. Staff Contact: Michael Fossati (408) 868-1212
Staff Report - 12858 Pheasant Ridge Rd 33
Att. 1 - Resolution - 12858 Pheaseant Ridge Rd.38
Att. 2 - Arborist Report 43
Att. 3 - Neighbor Notifications 53
Att. 4 - Public Noticing 64
Att. 5 - Reduced Plans, Exhibit 'A'67
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AGENDA
REGULAR MEETING
SARATOGA PLANNING COMMISSION
Wednesday, April 10, 2013
REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777
FRUITVALE AVENUE
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MINUTES
Action Minutes from the Regular Planning Commission Meeting of March 27, 2013
COMMUNICATIONS FROM COMMISSION & PUBLIC
Oral Communications on Non-Agendized Items
Any member of the Public will be allowed to address the Planning Commission for up to three (3) minutes on matters
not on this agenda. The law generally prohibits the Planning Commission from discussing or taking action on such
items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications under
Planning Commission direction to Staff.
REPORT OF APPEAL RIGHTS
If you wish to appeal any decision on this Agenda, you may file an “Appeal Application” with the City Clerk
within fifteen (15) calendar days of the date of the decision.
PUBLIC HEARING
All interested persons may appear and be heard at the above time and place. Applicants and their representatives
have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for
up to three minutes. Applicants and their representatives have a total of five minutes maximum for closing
statements.
1. Application MOD13-0002; 15253 Montalvo Road (517-18-026); Alfred and Kathy Murabito - The
applicant is requesting Design Review approval of a new single-story detached 768 square foot secondary
dwelling unit. Staff Contact: Cynthia McCormick (408) 868-1230.
Recommended action:
Adopt Resolution Number 13-012 approving the project subject to conditions of approval.
2. Application MOD13-0006 – 12858 Pheasant Ridge Rd. (366-57-004) Lim - The applicant is requesting
design review approval for a modification to approved plans to increase the square footage of a detached
structure from 751 square feet to 1,200 square feet. Staff Contact: Michael Fossati (408) 868-1212
Recommended action:
Adopt Resolution No. 13-013 approving the project subject to conditions of approval.
DIRECTOR/COMMISSION COMMUNICATION
ADJOURNMENT
2
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the Planning
Commission by City Staff in connection with this agenda are available at the office of the Community
Development at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the
Planning Commission concurrently with the posting of the agenda are also available on the City website at
www.saratoga.ca.us. Any materials distributed by staff after the posting of agenda are available for public review
at the Community Development Department at the time they are distributed to the Planning Commission.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this
meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. Notification 48 hours prior to
the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR
35.102-35.104 ADA Title II).
CERTIFICATE OF POSTING OF AGENDA
I, Abby Ayende, Office Specialist III for the City of Saratoga, declare that the foregoing agenda for the meeting of
the Planning Commission was posted and available for public review on April 4, 2013 at the City of Saratoga,
13777 Fruitvale Ave., Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us.
You can also sign up to receive email notifications when Commission agendas and minutes have been added
to the City at website http://www.saratoga.ca.us/contact/email_subscriptions.asp.
NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at
www.saratoga.ca.us
3
ACTION MINUTES
REGULAR MEETING
SARATOGA PLANNING COMMISSION
Wednesday, March 27, 2013
REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777
FRUITVALE AVENUE
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MINUTES
Action Minutes from the Regular Planning Commission Meeting of March 13, 2013(7:0:0)
COMMUNICATIONS FROM COMMISSION & PUBLIC
Oral Communications on Non-Agendized Items
Any member of the Public will be allowed to address the Planning Commission for up to three (3) minutes on matters
not on this agenda. The law generally prohibits the Planning Commission from discussing or taking action on such
items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications under
Planning Commission direction to Staff.
REPORT OF APPEAL RIGHTS
If you wish to appeal any decision on this Agenda, you may file an “Appeal Application” with the City Clerk
within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15-90.050 (b).
PUBLIC HEARING
All interested persons may appear and be heard at the above time and place. Applicants and their representatives
have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for
up to three minutes. Applicants and their representatives have a total of five minutes maximum for closing
statements.
1. Application PDR13-0003; 18564 Paseo Pueblo (386-13-050); Chang / Shen Design - The applicant is
requesting Design Review approval for a new single-story 3,190 square foot home, with a building height
less than 21 feet. The existing 1,582 square foot home and shed will be removed. Staff Contact: Cynthia
McCormick (408) 868-1230.
Recommended action:
Adopted Resolution Number 13-009 approving the project subject to conditions of approval. (7:0:0)
2. Application PDR13-0001; 18975 Monte Vista Drive (397-08-031); K.C.S. Properties / D&Z Design - The
applicant is requesting Design Review approval for a new single-story 6,038 square foot home and attached
garage. The proposed home would be 25.8 feet in height and include a basement. The existing 4,310 square
foot home will be removed. Staff Contact: Cynthia McCormick (408) 868-1230.
Recommended action:
Adopted Resolution Number 13-010 approving the project with the following change: (7:0:0)
Added COA#12 to Monte Vista
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Monte Vista Road. The owner/applicant is responsible for all damages to the private street as a result of
project construction and construction vehicles. The initial condition of the private portion of Monte
Vista Road shall be recorded prior to the commencement of construction. The Public Works Director
or his designee will determine if any repair is required prior to final occupancy approval.
3. Applications ZOA13-0002 & GPA13-0003; Zoning Ordinance Amendment to add Agricultural Preserve
Open Space Overlay zoning to a property located at 22101 Mount Eden Road and a General Plan
Amendment to change the land use designation of the Congress Springs Quarry Property to Open Space-
Outdoor Recreation. Staff Contact: Christopher Riordan (408)868-1235.
Recommended action:
Adopted Resolution No. 13-011 recommending that the City Council 1) approve a Resolution to amend the
Land Use Map to change the land use designation of the Congress Springs Quarry Property from Hillside
Open Space to Open Space Outdoor Recreation, and 2) adopt an ordinance applying the Agricultural
Preserve Open Space Overlay zoning to the property located at 22101 Mount Eden Road. (7:0:0)
DIRECTOR/COMMISSION COMMUNICATION
ADJOURNMENT
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the Planning
Commission by City Staff in connection with this agenda are available at the office of the Community
Development at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the
Planning Commission concurrently with the posting of the agenda are also available on the City website at
www.saratoga.ca.us. Any materials distributed by staff after the posting of agenda are available for public review
at the Community Development Department at the time they are distributed to the Planning Commission.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this
meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. Notification 48 hours prior to
the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR
35.102-35.104 ADA Title II).
CERTIFICATE OF POSTING OF AGENDA
I, Abby Ayende, Office Specialist III for the City of Saratoga, declare that the foregoing agenda for the meeting of
the Planning Commission was posted and available for public review on March 21, 2013 at the City of Saratoga,
13777 Fruitvale Ave., Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us.
You can also sign up to receive email notifications when Commission agendas and minutes have been added
to the City at website http://www.saratoga.ca.us/contact/email_subscriptions.asp.
NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at
www.saratoga.ca.us
5
REPORT TO THE
PLANNING COMMISSION
Meeting Date: April 10 2013
Application: MOD 13-0002
Location / APN: 15253 Montalvo Road / 517-18-026
Owner / Applicant: Alfred and Kathy Murabito
Staff Planner: Cynthia McCormick, AICP
15253 Montalvo Road
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Summary
PROJECT DESCRIPTION: The applicant is requesting Design Review approval of a new single-story
detached 768 square foot secondary dwelling unit.
STAFF RECOMMENDATION: Adopt Resolution Number 13-012 approving the project subject to
conditions of approval.
PROJECT DATA:
Net Site Area: 40,004 SF
Average Slope: 7.26%
General Plan Designation: RVLD (Residential Very Low Density)
Zoning: R-1-40,000
Proposed Allowed/Required
Site Coverage
Main Dwelling & Garage
Second Dwelling Unit
Driveway / Parking Area
Patio/Porch/Deck/Gazebo
Pool
Total Site Coverage
4,404 sq. ft.
384 sq. ft.
5,448 sq. ft.
1,573 sq. ft.
1,736 sq. ft.
13,545 sq. ft. (33.86%)
Maximum Coverage Allowed is
14,001 sq. ft. (35%)
+ 1,400 sq. ft. (10% bonus)
15,401 sq. ft. (38.50%)
Floor Area
Main Dwelling and Garage
Second Dwelling Unit (main level)
Second Dwelling Unit (basement)
Total
5,835 sq. ft.
384 sq. ft.
384 sq. ft.
6,603 sq. ft.
Maximum Floor Area Allowed is
6,020 sq. ft.
+ 602 sq. ft. (10% bonus)
6,622 sq. ft.
Height (Second Dwelling Unit)
Lowest Elevation Point:
Highest Elevation Point:
Average Elevation Point:
Proposed Topmost Point:
108.52
111.19
109.86
127.19 (17.33 Ft.)
Maximum Building Height is
26 Feet
Setbacks (Second Dwelling Unit)
Front:
Left Side:
Right Side:
Rear (no rear on triangular lot):
1st Story
109’6”
65’6”
20’
n/a
2nd Story
n/a
n/a
n/a
n/a
1st Story
30’
20’
20’
n/a
2nd Story
n/a
n/a
n/a
n/a
2
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PROJECT DESCRIPTION AND SITE CHARACTERISTICS
Planning Commission Design Review is required per City Code Section 15-45.060(a) for any
project where the total new floor area will exceed 6,000 square feet in area.
Project History: On March 25, 2009 the applicant received Planning Commission Design Review
and Conditional Use Permit (height exception) approval for a two-story home with a total floor area
of 5,841 square-feet and a 30’ maximum roof height.
Site Description: The triangular parcel is located towards the end of Montalvo Road and near the
entrance to the Montalvo Arts Center. The property is surrounded by large estates and parcels of
similar size.
Project Description and Architectural Style: The proposed 768 square foot second dwelling unit
will match the architectural design of the main dwelling including the neutral colored smooth
stucco finish, Travertine style concrete quoin trim, slate roof, and copper gutters. The floor area
of all structures on the property would total 6,603 square feet. The applicant is requesting a one-time
10% increase in site coverage and allowable floor area for recording a deed restriction that limits
rental of the unit to below market rate households.
Materials and Colors:
Detail Colors and Materials
Exterior Keystone colored stucco
Trim Travertine style concrete quoins
Windows Sierra White painted wood
Entry Door Custom wood door
Roof Midnight Black Slate
Development standards: Per City Code Section 15-56.030, the second dwelling unit shall
complies with all of the following development standards:
(a) Lot size. The net site area of the lot is at least 40,000 square feet.
(b) Unit size. The 768 square foot second dwelling unit is between 400 and 1,200 square feet.
Per Section 15-56.030(b), the basement area is included in the unit size.
(c) Building codes. The second dwelling unit is conditioned to comply with all applicable
building, health and fire codes.
(d) Zoning regulations. The second dwelling unit complies with applicable zoning (including,
but not limited to, required setbacks, coverage, and height limits).
(e) Parking. The site includes an open parking space next to the garage. The requirement for a
parking space within a garage is waived because the applicant will record a deed restriction
that limits rental of the unit to below market rate households.
(f) Access. The second dwelling unit is served by the same driveway access to the street as the
existing main dwelling.
(g) Common entrance. The second dwelling unit is detached from the main dwelling and
therefore does not require a common entrance.
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(h) Bedroom limitations. The second dwelling unit has a one bedroom studio layout.
(i) Appearance. The second dwelling unit will match the existing main structure in color,
materials and architectural design.
Trees: No trees were requested for removal; however, an Australian willow tree is in conflict
with the proposed basement of the secondary dwelling unit. The City Arborist believes the
findings for its removal can be made because the tree will not survive excavation for the
basement and installation of the storm drain system. The removed tree must be replaced with
new trees equal to its appraised value.
Residential Calgreen Measures: The project meets the minimum CalGreen standards for a new
home (attachment 3).
Neighbor Notification and Correspondence: The applicant sent Neighbor Notification forms to
the adjacent neighbors. A Public Notice was also sent to property owners within 500 feet of the
site. No comments have been brought to the City’s attention as of the writing of this staff report.
FINDINGS
Design Review Findings:
The findings required for issuance of a Design Review approval pursuant to City Code Article 15-
45 are set forth below and the Applicant has met the burden of proof to support making all of those
required findings:
(a) The project avoids unreasonable interference with views and privacy. The project meets this
finding. For example, existing trees and hedges minimize privacy impacts to adjacent neighbors.
Privacy is further achieved by locating additional living space in a basement as opposed to a
second story. View impacts are also minimized by limiting the height of the dwelling unit to 17
feet, 4 inches.
(b) The project preserves the natural landscape. The project meets this finding. The applicant will
replace one removed tree and will provide tree protective measures to any trees potentially
impacted by construction.
(c) The project preserves protected, native and heritage trees. The project meets this finding. No
heritage or native trees are proposed for removal. One Australian willow tree will not likely
survive construction of the project and meets the findings for removal. The removed tree
must be replaced with new trees equal to its appraised value.
(d) The project minimizes the perception of excessive bulk. The project meets this finding in that
the secondary dwelling will be located towards the rear of the main dwelling, reducing its
visibility from the front of the property. Half of the proposed square footage will be located in a
basement, minimizing its mass to a single-story structure.
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9
5
(e) The project is of compatible bulk and height. The project meets this finding in that the
secondary dwelling will match the main dwelling and will be constructed of high quality
materials that are in keeping with the surrounding neighborhood. The property is located near
the end of Montalvo Road and surrounded by similarly sized estates.
(f) The project uses current grading and erosion control methods. The Project is conditioned to
conform to the City’s current grading and erosion control standards and comply with applicable
NPDES Standards.
(g) The project follows appropriate design policies and techniques. The project meets this finding.
The proposed design minimizes the perception of bulk by minimizing the building height
(Policy 1, Technique 4), integrates the second dwelling with the property by matching the
materials and colors of the main dwelling (Policy 2, Technique 1), avoids interference with
privacy by controlling view to adjacent properties (Policy 3, Technique 1), preserves views and
access to views by locating the structure to minimize view blockage (Policy 3, Technique 1),
and is designed for energy efficiency by allowing light, air, and solar access to adjacent homes
(Policy 5, Technique 3).
Environmental Determination: The project is categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New
Construction or Conversion of Small Structures”, of the Public Resources Code (CEQA). This
exemption allows for the construction of up to three single-family residences and no exception to
that exemption applies.
ATTACHMENTS:
1. Resolution of Approval
2. Public Hearing Notice, Mailing Addresses for Project Notification
3. Neighbor Notices
4. CalGreen Checklist
5. Development Plans (Exhibit "A")
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Attachment 1
RESOLUTION NO. 13-012
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
APPROVING APPLICATION NO. MOD13-0002 FOR A NEW SECONDARY
DWELLING UNIT LOCATED AT 15253 MONTALVO ROAD / 517-18-026
WHEREAS, on February 6, 2013 an application was submitted by Alfred and Kathy
Murabito requesting modification to a Design Review approval (PDR08-0014). The application
is for a new single-story detached 768 square foot secondary dwelling unit which increases the
total floor area to 6,603 square feet. The applicant will receive a one-time 10% increase in site
coverage and allowable floor area for recording a deed restriction that limits rental of the unit to
below market rate households.
WHEREAS, on April 10, 2013, the Planning Commission held a duly noticed public
hearing on the subject application, and considered evidence presented by City staff, the
applicant, and other interested parties.
NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds,
determines and resolves as follows:
Section 1: The recitals set forth above are true and correct and incorporated herein by
reference.
Section 2: The project is categorically exempt from the California Environmental Quality
Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New Construction or Conversion of
Small Structures”, of the Public Resources Code (CEQA). This exemption allows for the
construction of up to three single-family residences and no exception to that exemption applies.
Section 3: The project is consistent with the Saratoga General Plan Policies LU 1.1 in
that the City shall continue to be predominately a community of single-family detached
residences and LU 1.2 to continue to review all residential development proposals to ensure
consistency with Land Use Element goals and Policies.
Section 4: The project is consistent with the Saratoga City Code in that the design and
improvements are consistent with the design review findings in that the project avoids
unreasonable interference with views and privacy; preserves the natural landscape, native and
heritage trees; minimizes the perception of excessive bulk and is of compatible bulk and height;
uses current grading and erosion control methods; and follows appropriate design policies and
techniques.
Section 5: The project is consistent with the Saratoga City Code in that the removal of
one protected trees meet the criteria established in Section 15-50.080(a).
Section 6: The City of Saratoga Planning Commission hereby approves Application No.
MOD13-0002 subject to the Conditions of Approval attached hereto as Exhibit 1.
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Resolution No. 13‐012 Page 2
PASSED AND ADOPTED by the City of Saratoga Planning Commission this 10th day of
April 2013 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Joyce Hlava
Chair, Planning Commission
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Resolution No. 13‐012 Page 3
EXHIBIT 1
CONDITIONS OF APPROVAL
MOD 13-0002
15253 MONTALVO ROAD / 517-18-026
1. All conditions below which are identified as permanent or for which an alternative period of
time for applicability is specified shall run with the land and apply to the landowner’s
successors in interest for such time period. No zoning clearance, or demolition, grading for
this project shall be issued until proof is filed with the city that a certificate of approval
documenting all applicable permanent or other term-specified conditions has been recorded
by the applicant with the Santa Clara County Recorder’s office in form and content to the
Community Development Director. If a condition is not “Permanent” or does not have a
term specified, it shall remain in effect until the issuance by the City of Saratoga of a
Certificate of Occupancy or its equivalent.
2. The Owner and Applicant will be mailed a statement after the time the Resolution granting
this approval is duly executed, containing a statement of all amounts due to the City in
connection with this application, including all consultant fees (collectively “processing
fees”). This approval or permit shall expire sixty (60) days after the date said notice is
mailed if all processing fees contained in the notice have not been paid in full. No Zoning
Clearance or Demolition, Grading, or Building Permit may be issued until the City certifies
that all processing fees have been paid in full (and, for deposit accounts, a surplus balance of
$500 is maintained).
3. The Project shall maintain compliance with all applicable regulations of the State, County,
City and/or other governmental agencies having jurisdiction including, without limitation, the
requirements of the Saratoga City Code incorporated herein by this reference.
4. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and
hold the City and its officers, officials, boards, commissions, employees, agents and
volunteers harmless from and against:
a. any and all claims, actions or proceedings to attack, set aside, void or annul any
action on the subject application, or any of the proceedings, acts or determinations
taken, done or made prior to said action; and
b. any and all claims, demands, actions, expenses or liabilities arising from or in any
manner relating to the performance of such construction, installation, alteration or
grading work by the Owner and/or Applicant, their successors, or by any person
acting on their behalf.
In addition, prior to any Zoning Clearance, Owner and Applicant shall execute a separate
agreement containing the details of this required Agreement to Indemnify, Hold harmless and
Defend, which shall be subject to prior approval as to form and content by the City Attorney.
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Resolution No. 13‐012 Page 4
5. Compliance with Plans. The development shall be located and constructed to include those
features, and only those features, as shown on the Approved Plans denominated Exhibit "A"
and as conditioned below. All proposed changes to the Approved Plans must be submitted in
writing with plans showing the changes, including a clouded set of plans highlighting the
changes. Such changes shall be subject to approval in accordance with City Code.
6. Building Division Submittal. Four (4) sets of complete construction plans shall be
submitted to the Building Division. These plans shall be subject to review and approval by
the City prior to issuance of Zoning Clearance. The construction plans shall, at a minimum
include the following:
a. Architectural drawings and other plan sheets consistent with those identified as Exhibit
“A” on file with the Community Development Department.
b. All additional drawings, plans, maps, reports, notes, and/or materials required by the
Building Division.
c. This signed and dated Resolution printed onto separate construction plan pages.
d. The Arborist Report printed onto separate construction plan pages.
e. The site plan shall contain the following notes:
i. “Prior to foundation inspection by the City, the LLS of record shall provide a
written certification that all building setbacks are per the approved plans.”
ii. “Disposition and treatment of stormwater will comply with the National Pollution
Discharge Elimination System ("NPDES") Standards and implementation standards
established by the Santa Clara Valley Urban Runoff Pollution Prevention Program”
7. The owner/applicant shall agree to all conditions required by the Saratoga Building
Department.
8. The owner/applicant shall agree to all conditions required by the City Engineer, as
applicable.
9. The owner/applicant shall agree to all conditions required by the City Arborist, as applicable,
prior to issuance of building permits.
10. The owner/applicant shall agree to all conditions required by the Santa Clara County Fire
Department, as applicable.
11. The owner/applicant shall agree to all conditions required by the Sewer District, as
applicable, prior to issuance of building permits.
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CITY OF SARATOGA
Community Development Department
13777 Fruitvale Avenue
Saratoga, CA 95070
(408) 868-1222
NOTICE OF PUBLIC HEARING
The City of Saratoga’s Planning Commission announces the following public hearing on:
Wednesday, April 10 2013 at 7:00 p.m.
The public hearing will be held in the City Hall Theater located at 13777 Fruitvale Avenue.
A site visit will also be held by the Planning Commission at the subject property.
Please contact the Planning Department for the date and time of the site visit.
APPLICATION: MOD 13-0002
OWNER/APPLICANT: Alfred and Kath Murabito
ADDRESS/APN: 15253 Montalvo Road; Saratoga, CA 95070 / 517-18-026
PROJECT DESCRIPTION: The applicant is requesting design review approval for a
modification to approved plans. The proposal includes a new single-story detached 768 square
foot secondary dwelling unit, 16 feet in height. The total floor area of all structures on the
property is 6,603 square feet. One protected tree meets the criteria for removal.
Details of this item are available at the Saratoga Community Development Department, Monday
through Thursday 7:30 a.m. – 5:00 p.m. and every other Friday. Please consult the City website
at www.saratoga.ca.us regarding Friday office closures. The schedule can be found by clicking
on the “Calendar” tab at the top right hand side of the homepage.
If you have comments that you would like included in the staff report, please submit
correspondence no later than 9 days before the Hearing. A copy of the staff report and supporting
documents will be available on the City website no later than 5 days before the Hearing.
All interested persons may appear and be heard at the above time and place. If you challenge a
decision of the Planning Commission, you may be limited to raising only those issues you or
someone else raised at the Public Hearing.
This notice has been sent to all owners of property within 500 feet of the project that is the subject
of this notice. The City uses the official roll produced by the County Assessor’s office annually, in
preparing its notice mailing lists. In some cases, out-of-date information or difficulties with the U.S.
Postal Service may result in notices not being delivered to all residents potentially affected by a
project. If you believe that your neighbors would be interested in the project described in this
notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone
in your Community has as much information as possible concerning this project.
Cynthia McCormick, Planner, AICP
(408) 868-1230
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Parcel Number Owner Name Owner Address Owner City, State Zip
517-15-013 MONTALVO ASSOCIATION P O BOX 158 SARATOGA CA 95071
517-18-011 KENNETH E & DEBORAH A FOLLMAR 15400 WINCHESTER BLVD APT #34 LOS GATOS CA 95030
517-18-012 HARRIS E & LAURA L J T 20560 MONTALVO LN SARATOGA CA 95070
517-18-013 FRANK J & MARILYN DORSA 871 E HAMILTON AVE CAMPBELL CA 95008
517-18-014 CLAIRE E MARINO 20553 MONTALVO LN SARATOGA CA 95070
517-18-015 LAKSHMI T & SRIAM S MANDYAM 20561 MONTALVO LN SARATOGA CA 95070
517-18-022 ROBERT H PETERSON 15055 MONTALVO RD SARATOGA CA 95070
517-18-023 GRANVILLE HOMES INC 15107 MONTALVO RD SARATOGA CA 95070
517-18-024 BAOCI C MO 15159 MONTALVO RD SARATOGA CA 95070
517-18-025 MAJID & SHADI JALALIAN 15201 MONTALVO RD SARATOGA CA 95070
517-18-026 ALFRED CHARLES MURABITO 15253 MONTALVO RD SARATOGA CA 95070
517-18-048 MTNRMT LLC 22 S SANTA CRUZ AVE FL 2 LOS GATOS CA 95030
517-18-049 RICHARD H & RUTH MATTERN 20460 MONTALVO HEIGHTS DR SARATOGA CA 95070
517-18-050 JOSEPH & BARBARA GUGLIELMI 6225 N 42ND ST PARADISE VALLEY AZ 85253
517-18-051 PAUL I & AUDREY V SUCIU 20420 MONTALVO HEIGHTS DR SARATOGA CA 95070
517-18-052 MICHAEL D & DONNA J BUTCHER 20433 MONTALVO RD SARATOGA CA 95070
517-18-053 PAUL H & JUDY A MAGNUSON 20445 MONTALVO RD SARATOGA CA 95070
517-18-054 WATER WORKS SAN JOSE 110 W TAYLOR ST SAN JOSE CA 95110
517-18-062 ROBERT B & KATHLEEN M FREDERICKSON 20470 MONTALVO HEIGHTS DR SARATOGA CA 95070
517-22-060 COLETTE M & DAVID W KRESS 15240 MADRONE HILL RD SARATOGA CA 95070
517-22-083 WM WAYNE & SARAH J WALKER 15315 MADRONE HILL RD SARATOGA CA 95070
517-22-103 WALTER J & CATHERINE D FULDE 15164 MONTALVO RD SARATOGA CA 95070
517-22-104 LEONARD J & SYLVIA K METZ 15102 MONTALVO RD SARATOGA CA 95070
517-22-108 SCATONA INVESTMENTS LLC 409 WASHINGTON ST SUITE #201 MONTEREY CA 93940
517-22-116 JOANNE L GEARHEARD 15252 MONTALVO RD SARATOGA CA 95070
517-22-117 JOANNE L GEARHEARD 15252 MONTALVO RD SARATOGA CA 95070
517-22-119 WILSON O COCHRAN 15221 PIEDMONT RD SARATOGA CA 95070
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REPORT TO THE
PLANNING COMMISSION
Meeting Date: April 10, 2013
Application: Design Review MOD13-0006
Location / APN: 12858 Pheasant Ridge / 366-57-004
Owner / Applicant: Lim
Staff Planner: Michael Fossati
12585 Pheasant Ridge Rd.
33
.
SUMMARY
PROJECT DESCRIPTION:
The applicant is requesting approval to increase the allowable square footage of a detached
structure from 751 square feet to 1,200 square feet.
STAFF RECOMMENDATION:
Adopt Resolution No. 13-013 approving the project subject to conditions of approval.
PROJECT DATA
Net Site Area: 2.11 acres
Average Slope: 16.4%
General Plan Designation: RHC (Residential Hillside Conservation)
Zoning: HR
Proposed Allowed
Proposed Site Coverage
Residence
Covered Patio & Entry
Parking & Turnaround
Driveway
Detached Structure
Detached Structure Turnaround
New Driveway to Detached Structure
Exist. Driveway of Detached Structure
Total Proposed Site Coverage
5,100 sq. ft.
900 sq. ft.
2,000 sq. ft.
700 sq. ft.
2,000 sq. ft.
2,000 sq. ft.
1,540 sq. ft.
600 sq. ft.
14,840 sq. ft.
Maximum Coverage
allowed is 15,000 sq. ft.
Floor Area
Main Residence:
Detached Structure:
Detached Structure Garage:
Total
Basement/Cellar
5,053 sq. ft.
1,200 sq. ft.
233 sq. ft.
6,486 sq. ft.
3,116 sq. ft.
Maximum Floor Area
allowed is 6,600 sq. ft.
Grading
Cut
895 c.y.
Fill
86 c.y.
Total
981 c.y.
1,000 c.y.
Height
Lowest Elevation Point:
Highest Elevation Point:
Average Elevation Point:
Proposed Topmost Point:
391.1’
394.5’
392.8’
410.8’ (18’)
Maximum Building
Height is 418.8’
(26’)
34
.
Setbacks
Front:
Left Side:
Right Side:
Rear:
235’
75’
50’
115’
30’
20’
20’
50’
PROJECT DISCUSSION AND SITE CHARACTERISTICS
This project is subject to Design Review pursuant to City Code Section 15-
45.060(a)(6),wherever, 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
Background
In November 2012, the applicant received Administrative Design Review approval for a
5,053 square foot new main residence and a reduction in floor area of the original house on
the property from 2,200 square feet to 751 square feet. The original house is approximately
18 feet in height and will be a non-conforming accessory structure when the new house is
built, since accessory structures are limited to 12 feet in height (or 15 feet with Planning
Commission approval) in the HR district. The applicant is proposing to enclose the front
and rear patios of the original house. Enclosing those patios would increase the floor area
by 449 sq. ft., for a total floor area of 1,200 sq. ft. The colors of the detached structure
(“Bungalow Maple”, “Oxford Brown”, and “Dark Bronze”, will match the finishes of the
main residence.
Site Description
The 2.11 acre lot is the second residential lot as you drive up the hill at Pheasant Ridge
Road. The lot is located low in a valley, with two new homes on higher elevations due west.
There is an existing barn located on the property that would be demolished once the main
residence is constructed. The existing detached structure was formally the main dwelling
unit on the site.
Architectural Style
The proposed, remodeled dwelling unit incorporates clay tile barrel roofing, stucco exterior
and trim, and 16” round wood columns, with a Mediterranean feel.
Detail Colors and Materials
Roofing “Taupe Smoke & Vintage Red Blend” – Clay Barrel Tile
Building Ext. “Bungalow Maple” – Stucco
Windows Trim “Oxford Brown” – Stucco
Window & Door “Dark Bronze Clad” – Wood Clad
Garage Door “Oxford Brown” – Steel Carriage Style
35
.
Trees
The project received arborist clearance in October 2012. Five trees are requested for
removal. All other protected trees will be fenced and protected, as per the attached arborist
report.
Geotechnical Clearance
The project received Geotechnical Clearance from the City Geologist on October 2012.
Conditions provided by the City Geologist have been added to the Resolution.
Landscaping
The applicant is proposing to keep the site in its rural condition, which includes protecting
the approximately 35 protected trees that are currently onsite, with the exception of the
“Chaco Canyon” driveway paver stones, and the small vineyard to be planted along the
southwestern location of the lot.
Neighbor Correspondence
The applicant submitted neighbor notification forms from six neighboring property owners,
all without comments. Staff sent a “Notice of Public Hearing” to all property owners within
500 feet of the subject property. The public hearing notice and description of the project
was published in the Saratoga News. Staff hasn’t received any other additional comments
regarding the project.
DESIGN REVIEW FINDINGS
The findings required for issuance of a Design Review Approval pursuant to City Code
Section 15-45.080 are set forth below and the applicant has met the burden of proof to
support making all of those required findings:
(a) The project avoids unreasonable interference with views and privacy. The project
meets this finding because it is single-story, lower in elevation of the majority of
residences on Pheasant Ridge Road, including the main residence on the site, and
substantially setback from any other structure in the vicinity. This finding can be
made in the affirmative.
(b) The project preserves the natural landscape. Five protected trees will be removed.
The proposed remodel would not have a significant impact to any other existing
trees, as a majority of the existing building footprint is will be utilized. The rural
landscape and number of established trees will remain on the property. This finding
can be made in the affirmative.
(c) The project preserves native and heritage trees. The project meets this finding in
that no heritage trees are being proposed for removal. Of the five trees being
proposed for removal, only one is native (#8 – Blue Oak). Although two additional
native trees (#4 and #5 – Redwoods) are approved for removal, the applicant is
proposing to adequately fence and protect those trees during the life of the project
This finding can be made in the affirmative.
36
.
(d) The project minimizes the perception of excessive bulk. The project meets this
finding because the earth tone pallet allows the remodeled detached structure to
blend in with the rural surroundings. This finding can be made in the affirmative.
(e) The project is of compatible bulk and height. The project meets this finding
because the remodeled detached structure is lower in elevation (due to the
topography), size, and scale of the other single-family residences located in the area.
The majority of structures on Pheasant Ridge are two-story. This finding can be
made in the affirmative.
(f) The project uses current grading and erosion control methods. The project meets
this finding because, as conditioned, the applicant will be required to follow a storm
water retention plan indicating how all storm water retention plan indicating how all
storm water will be retained on-site, and incorporating the New Development and
Construction – Best Management Practices. This finding can be made in the
affirmative.
(g) The project follows appropriate design policies and techniques. The project meets
this finding in incorporating the following design techniques:
a. The proposed detached structure is terraced and follows the existing contours
and slope to minimize grading and excessive soil removal. (Policy 1,
Technique #2)
b. The project utilizes architectural features to break up the massing such as
varying the height, use of wood, stucco, and clay, and avoidance of large
expanding walls without windows. This technique creates an effect that
minimizes bulk. (Policy 1, Technique #6)
c. By utilizing native, existing vegetation and placing the structure along the
lower portion of the site, the project integrates itself into the environment.
(Policy 2, Technique #3)
As discussed above, the finding can be made in the affirmative.
ENVIRONMENTAL DETERMINATION: The project is Categorically Exempt from the
Environmental Quality Act (CEQA) pursuant to Section 15303, “New Construction or
Conversion of Small Structures”, Class 3 (a) of the Public Resources Code (CEQA). This
exemption allows for the construction or conversion of up to three single-family residences.
STAFF RECOMMENDATION
Adopt Resolution No. 13-013 approving the project subject to conditions of approval.
ATTACHMENTS:
1. Resolution of Approval – 12858 Pheasant Ridge Road
2. Arborist Report – Dated 10/15/2012
3. Neighbor Notification Forms – 12858 Pheasant Road Road
4. Public hearing notice, mailing addresses, and map for project notification
5. Reduced Plans, Exhibit "A.”
37
RESOLUTION NO. 13-013
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
APPROVING DESIGN REVIEW NO. MOD13-0006 APPROVING A 1,200 SQUARE
FOOT ACCESSORY STRUCUTRE AT 12858 PHEASANT RIDGE ROAD
WHEREAS, an application was submitted by Tom Lim, requesting a modification of
Design Review approval to increase the floor area of a detached accessory structure to 1,200
square feet which increases the total floor area of the site to 6,486 square feet. The net site is
approximately 2.11 acres and is located within the HR zoning district.
WHEREAS, the Community Development Department completed an environmental
assessment for the project in accordance with the California Environmental Quality Act (CEQA),
and recommends that the Planning Commission determine this project exempt.
WHEREAS, on April 10, 2013, the Planning Commission held a duly noticed public
hearing on the subject application, and considered evidence presented by City staff, the
applicant, and other interested parties.
NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds,
determines and resolves as follows:
Section 1: The recitals set forth above are true and correct and incorporated herein by
reference.
Section 2: The project is categorically exempt from the California Environmental Quality
Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New Construction or Conversion of
Small Structures”, of the Public Resources Code (CEQA). This exemption allows for the
construction of up to three single-family residences and no exception to that exemption applies.
Section 3: The project is consistent with the Saratoga General Plan Policies LU 1.1 in
that the City shall continue to be predominately a community of single-family detached
residences and LU 1.2 to continue to review all residential development proposals to ensure
consistency with Land Use Element goals and Policies.
Section 4: The project is consistent with the Saratoga City Code in that the design and
improvements are consistent with the design review findings in that the project avoids
unreasonable interference with views and privacy; preserves the natural landscape, native and
heritage trees; minimizes the perception of excessive bulk and is of compatible bulk and height;
uses current grading and erosion control methods; and follows appropriate design policies and
techniques.
Section 5: The City of Saratoga Planning Commission hereby approves MOD13-0006,
located at 12858 Pheasant Ridge Road, subject to the above Findings, and Conditions of
Approval attached hereto as Exhibit 1.
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Resolution No. 13‐013 Page 2
PASSED AND ADOPTED by the City of Saratoga Planning Commission this 10th day of
April 2013 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Joyce Hlava
Chair, Planning Commission
39
Resolution No. 13‐013 Page 3
EXHIBIT 1
CONDITIONS OF APPROVAL
MOD13-0006
12858 Pheasant Ridge Road (APN: 366-57-004)
1. All conditions below which are identified as permanent or for which an alternative period of
time for applicability is specified shall run with the land and apply to the landowner’s
successors in interest for such time period. No zoning clearance, or demolition, or grading
permit for this project shall be issued until proof is filed with the city that a certificate of
approval documenting all applicable permanent or other term-specified conditions has been
recorded by the applicant with the Santa Clara County Recorder’s office in form and content
to the satisfaction of the Community Development Director. If a condition is not
“Permanent” or does not have a term specified, it shall remain in effect until the issuance by
the City of Saratoga of a Certificate of Occupancy or its equivalent.
2. The Owner and Applicant will be mailed a statement after the time the Resolution granting
this approval is duly executed, containing a statement of all amounts due to the City in
connection with this application, including all consultant fees (collectively “processing
fees”). THIS APPROVAL OR PERMIT SHALL EXPIRE SIXTY (60) DAYS AFTER
THE DATE SAID NOTICE IS MAILED IF ALL PROCESSING FEES CONTAINED
IN THE NOTICE HAVE NOT BEEN PAID IN FULL. No Zoning Clearance or
Demolition, Grading, or Building Permit may be issued until the City certifies that all
processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is
maintained).
3. The Project shall maintain compliance with all applicable regulations of the State, County,
City and/or other governmental agencies having jurisdiction including, without limitation, the
requirements of the Saratoga Zoning Regulations incorporated herein by this reference.
4. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and
hold the City and its officers, officials, boards, commissions, employees, agents and
volunteers harmless from and against:
a. any and all claims, actions or proceedings to attack, set aside, void or annul any
action on the subject application, or any of the proceedings, acts or determinations
taken, done or made prior to said action; and
b. any and all claims, demands, actions, expenses or liabilities arising from or in any
manner relating to the performance of such construction, installation, alteration or
grading work by the Owner and/or Applicant, their successors, or by any person
acting on their behalf.
40
Resolution No. 13‐013 Page 4
In addition, prior to any Zoning Clearance, Owner and Applicant shall execute a separate
agreement containing the details of this required Agreement to Indemnify, Hold harmless and
Defend, which shall be subject to prior approval as to form and content by the City Attorney.
COMMUNITY DEVELOPMENT
5. Compliance with Plans. The development shall be located and constructed to include those
features, and only those features, as shown on the Approved Plans dated April 1, 2013
denominated Exhibit "A". All proposed changes to the Approved Plans must be submitted in
writing with plans showing the changes, including a clouded set of plans highlighting the
changes. Such changes shall be subject to approval in accordance with Condition 3, above.
6. Building Division Submittal. Four (4) sets of complete construction plans shall be
submitted to the Building Division. These plans shall be subject to review and approval by
the City prior to issuance of Zoning Clearance. The construction plans shall, at a minimum
include the following:
a. Architectural drawings and other plan sheets consistent with those identified as Exhibit
“A” on file with the Community Development Department and referenced in Condition
No. 5 above;
b. A note shall be included on the site plan stating that no construction equipment or
private vehicles shall be parked or stored within the root zone of any Ordinance-
protected tree on the site;
c. This Resolution printed onto separate construction plan pages;
d. City Arborist Reports dated October 15, 2012 onto separate construction plan pages;
e. Geotechnical Clearance dated October 10, 2012 onto separate construction plan pages;
f. A final utility plan that shows location of HVAC mechanical equipment outside of
required setback areas;
g. A final Drainage and Grading Plan stamped by a registered Civil Engineer combined
with the above‐required Stormwater Detention Plan;
h. A final Landscape and Irrigation Plan; and
i. All additional drawings, plans, maps, reports, and/or materials required by the Building
Division.
7. Lighting. Exterior lighting shall be shielded so as not to shine on adjacent properties or
public right-of-way.
8. Maintenance of Construction Project Sites. Because this Design Review Approval
authorizes a project which requires a Building Permit, compliance with City Code Section
16-75.050 governing maintenance of construction project sites is required.
CITY ARBORIST
9. Arborist Report. All recommendations of the Arborist Report dated October 15, 2012, and
incorporated herein by this reference shall be followed and incorporated (in its entirety) into
the plans.
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Resolution No. 13‐013 Page 5
PUBLIC WORKS
10. Final Improvement. The Project Geotechnical Consultant shall review and approve all
geotechnical aspects of the final improvement plans (i.e., site preparation and grading, site
drainage improvements and design parameters for building foundations) to ensure that the
plans, specifications and details accurately reflect the consultant’s recommendations. . The
consultant shall specifically verify that basement walls for the main residence are designed
with appropriate seismic loading criteria (as applicable) and verify that project grading
design meets geotechnical standards. The results of the plan review shall be summarized by
the Project Geotechnical Consultant in a letter and submitted to the City Engineer for review
and approval prior to issuance of building permits.
11. Project Construction. The Project Geotechnical Consultant shall inspect, test (as needed),
and approve all geotechnical aspects of the project construction. Any engineered fill
placemen shall be placed in conformance with geotechnical recommendations. The
inspections shall include, but not necessarily be limited to: site preparation and grading, site
surface and subsurface drainage improvements, retaining wall excavation, and foundation
construction prior to the placement of fill, steel and concrete. The consultant shall inspect
completed site drainage improvements for conformance with geotechnical standards. The
results of these inspections and the as-built conditions of the project shall be described by the
geotechnical consultant in a letter(s) and submitted to the City Engineer for review and
approval prior to Final (as-built) Project Approval.
12. Outstanding Fees. The owner (applicant) shall pay any outstanding fees associated with the
City Geotechnical Consultant’s review of the project prior to Zone Clearance.
13. Hold Harmless agreement. The owner (applicant) shall enter into agreement holding the
City of Saratoga harmless from any claims or liabilities caused by or arising out of soil or
slope instability, slides, slope failure or other soil related and/or erosion related conditions.
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Page 1 of 7
Community Development Department
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
ARBORIST REPORT
It is the responsibility of the owner, architect and contractor to be familiar with the
information in this report and implement the required conditions.
Application #: ARB12-0011
Prepared by Kate Bear, City Arborist Site: 12858 Pheasant Ridge
Phone: (408) 868-1276 Owner: Tom Lim and Ellen Chan
Email: kbear@saratoga.ca.us APN: 366-51-004
Email: luck4tom@yahoo.com
Report History:
#1
Date:
Plans received July 2, 2012, 2012
Report completed August 21, 2012
#2 – This report replaces report #1 Revised Grading Plan received
October 15, 2012
Report completed October 15, 2012
PROJECT SCOPE
The applicant has submitted plans to the City to build a new one story house with basement and
remodel the existing house to make it into a second unit.
Five trees (#2, 8, 9, 10 and 19) are in conflict with the project and meet the criteria allowing their
removal. It is acceptable to remove these five trees and replace them as part of the project once all
necessary permits have been obtained.
CLEARANCE – with conditions
This project has clearance from the arborist to proceed, with the conditions noted below in the
Requirements section.
PLAN REVIEW
Plans Reviewed:
Architectural plans were prepared by Daryl Fazekas and dated July 1, 2012. Plan sheets reviewed for
this report include Sheet A1, Site Plan; Sheet A2, Floor Plan; Sheet A3, Basement Floor Plan; Sheets
A4 and A5, Elevations; and Sheet A7, Landscape Plan.
A revised Preliminary Grading and Drainage plan (Sheet 1) was prepared by TS Civil Engineering
and dated October 12, 2012.
Drainage is shown on the plans. Gas, sewer, water and electrical are not shown. All utility
connections and installation are required to be outside of the dripline of trees.
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12858 Pheasant Ridge
Page 2 of 7
Trees #2 and 19 are not shown on the plans or requested for removal, and should be included on the
plans; they are protected trees that are in conflict with the project. The plans do not show the same
trees to be removed on each sheet, and this should be corrected so that all sheets are consistent.
The plans indicate that a row of redwoods will be planted behind the house next to the property line.
As they mature they will become very tall trees growing in a limited planting area above the house
and between a retaining wall and the property line. Redwood trees are acceptable replacement trees,
but this is not a suitable location for them. Tall shrubs would be a better choice for this location as
they will provide the desired screening without blocking a view, or threatening the new house or
becoming a safety concern as they mature.
The plans also show a retaining wall extending along most of the rear property line, but do not
indicate that trees #1 or 20 are in conflict with grading or installation of the wall. Neither tree is
permitted for removal to construct the project. All grading work and work for the retaining wall at
the rear of the property must remain outside of tree protective fencing around these two trees.
TREE INFORMATION
Tree Inventory:
Twenty one trees protected by City Code were inventoried and appraised for the project. Inventoried
trees include nine coast live oaks (#1, 3, 6, 7, 8, 12, 13, 14 and 17), one English walnut (#2), two
coast redwoods (#4 and 5), two blue oaks (#9 and 15), one camphor (#10), one zelkova (#11), one
Italian cypress (#16), one Chinese elm (#18), one Brazilian pepper (#19), and two Monterey pines
(#20 and 21).
Tree Removals:
Five trees protected by City Code (#2, 8, 9, 10 and 19) have been requested for removal to construct
the project. They include one English walnut (#2), one blue oak (#8), one camphor (#10) and one
Brazilian pepper (#19). Whenever a tree is requested for removal as part of a project, specific tree
removal criteria must be met and certain findings made. All five trees (#2, 8, 9, 10 and 19) meet the
criteria allowing their removal to construct the project.
An earlier version of the plans indicated that redwood trees #4 and 5 were requested for removal.
These two trees also meet the criteria for removal and may be removed and replaced, if necessary, to
construct the project.
Tree Protection:
Chain link fencing is required around individual trees or groups of trees for protection during
construction, and work is not permitted within these fenced areas. Fenced areas are shown on the
attached site map. See the Requirements section for tree protection specifications.
Oak tree #1 is a good size, in good health and should be protected and preserved during construction.
The tree should be preserved and any necessary grading and retaining walls should be designed so
that the existing grade can be preserved to a distance of at least 15 feet from the trunk of the tree.
The lawn should be replaced with a drought tolerant landscape that is compatible with an oak.
Tree #3 is a young oak next to a proposed drain inlet and pipe. The inlet and drain line should be
designed to allow the preservation of the oak. The existing grade should be preserved within 10 feet
of the tree. Excavation for the new drain pipe should be done by hand leaving all roots measuring 2
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12858 Pheasant Ridge
Page 3 of 7
inches or more in diameter intact. The pipe can be placed under the intact roots. Roots measuring
less than two inches in diameter may be cut using a sharp pruning tool.
Oak tree #7 is the focal point of the new house. Steps from the house to the driveway are fairly close
to the tree’s canopy. As long as no changes in the existing grade occur for construction of the steps
(including concrete forms), driveway, new utilities or any other aspect of the project, within 15 feet
of the trunks, measured from the outside of the trunk, this tree can be adequately protected.
The plans indicate that the road across a bridge will be removed, but do indicate whether the bridge
will be removed. The architect has clarified that the bridge will not be changed as part of the project.
Therefore, oaks #12 – 15 can be adequately protected with fencing during construction.
Security Deposit for the Projection of Trees:
Per City Ordinance 15-50.080, a Tree Protection security deposit equal to 100% of the appraised
value of trees impacted by the project is required. Owner shall obtain, and file with the Community
Development Director, the required security deposit prior to the receipt of building permits. The
security deposit may be in the form of a savings account, a certificate of deposit account or a bond.
The required security deposit for this project is $48,960 and is equal to the total appraised value of
trees #1, 3, 4, 5, 6, 7 and 11. This deposit will be held until completion of the project and acceptance
by the City.
Appraisals:
Appraised values were calculated using the Trunk Formula Method and according to the Guide for
Plant Appraisal, 9th Edition, published by the International Society of Arboriculture (ISA), 2000.
FINDINGS
Tree Removal
Trees #2, 8, 9, 10 and 19 are requested for removal to construct the project. Trees #4 and 5 were
requested for removal in an earlier version of the project, and qualify. Therefore, findings for trees
#4 and 5 are also included below. The table below summarizes which of the criteria are met for each
tree, allowing its removal. All seven trees meet the criteria for removal, overall, and may be removed
and replaced as part of the project. The tree removal criteria used to evaluate requested removals are
attached to the end of this report for reference. A summary of tree removal criteria that are met are in
the table below.
Summary of tree removal criteria that are met
Tree # Species Criteria met Criteria not met
2, 8, 9,
10, 19
walnut, oak, camphor,
pepper 1, 4, 5, 6, 7, 9 2, 3, 8
4, 5 redwood 1, 2, 3, 4, 5, 7, 9 6, 8
Walnut tree #2 is in conflict with the proposed new house and at the end of its life. Trees #4 and 5
are redwoods in fair health. Both appear to be struggling to maintain this level of vigor, and tree #5
exhibits poor structure as well. They grow next to an existing retaining wall and threaten damage to
it by their proximity, and between two oaks that are better specimens. Trees #8, 9, 10 and 19 are in
conflict with the project. Oak tree #8 is in fair health and is in conflict with the driveway. Trees #9,
10 and 19 are in fair to poor health and conflict with the required wider driveway to meet fire
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12858 Pheasant Ridge
department requirements and the fire truck turn around. The alternative to removing trees 9 and 10
requires encroaching on tree #7 a large oak in good health that is to be preserved during construction
and is a focal point of the property.
Replacement Trees:
The total appraised value of trees #2, 8, 9, 10 and 19 is $13,910. New trees equal to this appraised value
will be required as a condition of the project. If redwoods #4 and 5 are removed, their value is $7,620, and
new trees equal to this amount are also needed. Replacement trees may be planted anywhere on the
property. Replacement values for new trees are listed below.
At least four replacement trees should come from the City’s list of native species, which include coast live
oak (Quercus agrifolia), valley oak (Quercus lobata), blue oak (Quercus douglasii), black oak (Quercus
kelloggii), big leaf maple (Acer macrophyllum), California buckeye (Aesculus californica), Douglas fir
(Pseudotsuga menziesii) and coast redwood (Sequoia sempervirens).
Replacement Tree Values
15 gallon = $150 36 inch box = $1,500 60 inch box = 7,000
24 inch box = $500 48 inch box = $5,000 72 inch box = $15,000
New Construction
Based on the information provided, this project complies with the requirements for the setback of
new construction from existing trees under Section 15-50.120 of the City Code.
REQUIREMENTS
1. The entire arborist report, including the Tree Inventory Table and attached map, shall be
copied on to a plan sheet and included in the plans.
2. Tree Protection Security Deposit - $48,960
a. Owner shall obtain, and file with the Community Development Director, a Tree
Protection security deposit prior to obtaining Building Division permits.
b. The deposit shall be for trees #1, 3, 4, 5, 6, 7, and 11.
c. The tree protection security deposit shall remain in place for the duration of construction
of the project to ensure the protection of the trees.
d. Once the project has been completed, inspected and approved by the City, the bond will
be released.
3. Tree Protection Fencing:
a. Shall be installed as shown on the attached map.
b. Shall be established prior to the arrival of construction equipment or materials on site.
c. Shall be comprised of six-foot high chain link fencing mounted on eight-foot tall, 2-inch
diameter galvanized posts, driven 24 inches into the ground and spaced no more than 10
feet apart.
d. Shall be posted with signs saying “TREE PROTECTION FENCE - DO NOT MOVE OR
REMOVE WITHOUT APPROVAL FROM CITY ARBORIST”.
Page 4 of 7
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12858 Pheasant Ridge
Page 5 of 7
e. Call City Arborist, Kate Bear at (408) 868-1276 for an inspection of tree protection
fencing once it has been installed. This is required prior to obtaining building division
permits.
f. Tree protection fencing shall remain undisturbed throughout the construction until final
inspection.
g. If contractor feels that work must be done inside the fenced area, call City Arborist to
arrange a field meeting.
h. Failure to obtain approval from City Arborist before performing work inside a fenced
area may lead to a hold on the Security Deposit for a period of up to five years after the
completion of construction.
4. No protected tree authorized for removal or encroachment pursuant to this project may be
removed or encroached upon until the issuance of the applicable permit from the building
division for the approved project.
5. Applicant is responsible for protecting trees per City Code Article 15-50 on all construction
work. Receipt of a Planning or Building permit does not relieve applicant of his
responsibilities under this Code.
6. Plans shall show locations for all utilities including electrical, drainage, water, sewer and gas lines.
7. Utilities shall be capped off and reconnected outside of tree canopies. Applicant is
responsible for coordinating this work with utility companies.
8. Trees #2, 4, 5, 8, 9, 10 and 19 meet the criteria for removal and may be removed and
replaced once Building Division permits have been obtained.
9. New trees equal to $21,530 shall be planted as part of the project if all seven trees are
removed during construction. Replacement values for new trees are:
15 gallon - $150 48 inch box - $5,000
24 inch box - $500 60 inch box - $7,000
36 inch box - $1,500 72 inch box - $15,000
10. Replacement trees may be planted anywhere on the property as long as they do not encroach
on retained trees. If there is insufficient room to plant new trees, some or all of the
replacement value for trees may be paid into the City’s Tree Fund.
11. At least 4 replacement trees shall be from the City’s list of native species. Acceptable species
include coast live oak (Quercus agrifolia), valley oak (Quercus lobata), blue oak (Quercus
douglasii), black oak (Quercus kelloggii), big leaf maple (Acer macrophyllum), California
buckeye (Aesculus californica), Douglas fir (Pseudotsuga menziesii) and coast redwood
(Sequoia sempervirens).
12. Any permitted pruning or root pruning of trees on site shall be performed under the
supervision of the Project Arborist and according to ISA standards.
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12858 Pheasant Ridge
Page 6 of 7
13. No excavation, addition of fill soil, grade cuts or any other changes in grade are permitted
within the following distances of trees:
a. 6 feet from tree #17
b. 10 feet from tree #3
c. 15 feet from trees #1, 7, 12, 15
14. Excavation for concrete forms for the front steps, and any other work around tree #7, shall be
at least 15 feet from the trunk of the tree.
15. Irrigation for new landscape shall be designed as follows:
a. Design irrigation so that it does not spray trunks of trees.
b. Locate valve boxes and controllers outside of tree canopies.
c. Locate lateral lines outside of tree canopies.
d. Any irrigation line that must extend under a tree canopy shall be radial to the trunk of the tree
and receive prior approval from the City Arborist.
e. Only drip irrigation is permitted under oak trees. It shall be placed on top of grade under
mulch and only in the outer have under the canopy of the tree.
16. Landscaping under oaks:
a. Only mulch is permitted under area within the inner half under the canopy.
b. Only drought tolerant plants that are compatible with oaks are permitted under the outer half of
the canopy.
c. Water loving plants and lawns are not permitted under oaks.
17. Redwoods are not recommended for the area behind the house between the retaining wall and
property line.
18. The disposal of harmful products (such as chemicals, oil and gasoline) is prohibited under
tree canopies or anywhere on site that allows drainage to areas under tree canopies.
Herbicides shall not be applied under tree canopies.
19. At the end of the project, when the contractor wants to remove tree protection fencing and
have the tree protection security deposit released by the City, call City Arborist for a final
inspection.
ATTACHMENTS:
Tree removal criteria
Tree Inventory Table dated August 21, 2012
Map showing locations of tree protective fencing around trees
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Page 7 of 7
TREE REMOVAL CRITERIA
Criteria that permit the removal of a protected tree are listed below. This information is from Article
15-50.080 of the City Code and is applied to any tree requested for removal as part of the project. If
findings are made that meet the criteria listed below, the tree(s) may be approved for removal and
replacement during construction.
(1) The condition of the tree with respect to disease, imminent danger of falling, proximity to
existing or proposed structures and interference with utility services;
(2) The necessity to remove the tree because of physical damage or threatened damage to
improvements or impervious surfaces on the property;
(3) The topography of the land and the effect of the tree removal upon erosion, soil retention and
the diversion or increased flow of surface waters, particularly on steep slopes;
(4) The number, species, size and location of existing trees in the area and the effect the removal
would have upon shade, privacy impact, scenic beauty, property values, erosion control, and the
general welfare of residents in the area;
(5) The age and number of healthy trees the property is able to support according to good forestry
practices;
(6) Whether or not there are any alternatives that would allow for retaining or not encroaching on
the protected tree;
(7) Whether the approval of the request would be contrary to or in conflict with the general purpose
and intent of this Article;
(8) Any other information relevant to the public health, safety, or general welfare and the purposes
of this ordinance as set forth in section 15-50.010; and
(9) The necessity to remove the tree for economic or other enjoyment of the property when there is
no other feasible alternative to the removal.
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TREE INVENTORY TABLE
TREE
NO. TREE NAME Trunk Diameter (in,) - per Guide for Plant AppraisalEstimated Canopy Spread (ft.)Health Condition (100% = best, 0% = worst)Structural Integrity (100% = best, 0% = worst)Overall ConditionSuitability for Preservation (High/Moderate/Low)Intensity of Impacts (1 = Highest, 5 = Lowest)In Conflict with Proposed DesignNot Shown on PlansOn Adjacent ProprtyAppraised ValueCoast live oak
1 Quercus agrifolia 17.8 40 80 70 Good High 3 $6,200
English walnut
2 Juglans regia 17.7 35 60 60 Fair Moderate 1 X X $1,360
Coast live oak
3 Quercus agrifolia 9.4 20 90 80 Good High 2 $1,510
Coast redwood
4 Sequoia sempervirens 27.3 30 50 70 Fair Low 2 $5,800
Coast redwood 12.6, 12.8,
5 Sequoia sempervirens 2.5, 14.3, 25 30 40 10 Poor Low 2 $1,820
Coast live oak
6 Quercus agrifolia 16.1 30 80 50 Good Moderate 2 $3,130
Coast live oak 8, 12.1, 12.8,
7 Quercus agrifolia 12.8, 18.3 45 80 70 Good High 2 $30,500
Coast live oak 5.7,
8 Quercus agrifolia 6.2 20 80 50 Good Moderate 1 X $1,040
Blue oakBlue oak
9 Quercus douglasii 11.8, 9.7 40 60 70 Fair Moderate 1 X $5,400
Camphor 12.8, 10.8,
10 Cinnamomum camphora 8, 8, 8, 5 35 40 40 Poor Low 1 X $4,840
Zelkova
11 Zelkova serrata 12 20 60 40 Fair Low 2 $360
Coast live oak
12 Quercus agrifolia 30 60 40 50 Fair Moderate 2 $3,490
Coast live oak
13 Quercus agrifolia 7 10 50 40 Fair Moderate 2 $210
Coast live oak
14 Quercus agrifolia 11 10 50 40 Fair Moderate 2 $490
Blue oak
15 Quercus douglasii 20.5 40 50 50 Fair Moderate 2 $2,390
12858 Pheasant Ridge August 21, 2012
50
TREE INVENTORY TABLE
TREE
NO. TREE NAME Trunk Diameter (in,) - per Guide for Plant AppraisalEstimated Canopy Spread (ft.)Health Condition (100% = best, 0% = worst)Structural Integrity (100% = best, 0% = worst)Overall ConditionSuitability for Preservation (High/Moderate/Low)Intensity of Impacts (1 = Highest, 5 = Lowest)In Conflict with Proposed DesignNot Shown on PlansOn Adjacent ProprtyAppraised ValueItalian cypress
16 Cupressus sempervirens 12.5 4 80 80 Good Moderate 2 $610
Coast live oak
17 Quercus agrifolia 8.7 15 80 80 Good High 2 $560
Chinese elm
18 Ulmus parvifolia 18 50 50 50 Poor Moderate 2 $1,850
Brazilian pepper 6, 6, 6,
19 Schinus terebinthefolius 5, 5 30 50 50 Fair Low 1 X X $1,270
Monterey pine
20 Pinus radiata 30 30 50 30 Fair Low 2 $830
Monterey pine
21 Pinus radiata 30 50 50 50 Fair Moderate 2 $1,040
Total appraised value $74,700
Should any tree listed above be removed owner will be required to replace that tree with trees equal to its appraised value.
Replacement Tree Values 15 gallon = $150 24 inch box = $500 36 inch box = $1 500Replacement Tree Values 15 gallon = $150 24 inch box = $500 36 inch box = $1,500
48 inch box = $5,000 60 inch box = 7,000 72 inch box = $15,000
12858 Pheasant Ridge August 21, 2012
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Legend
Tree Protective
Fencing
Tree Canopy
12858 Pheasant Ridge
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7
6 5 4 3 2
8
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CITY OF SARATOGA
Community Development Department
13777 Fruitvale Avenue
Saratoga, CA 95070
(408) 868-1222
NOTICE OF PUBLIC HEARING
The City of Saratoga’s Planning Commission announces the following public hearing on:
Wednesday, April 10, 2013 at 7:00 p.m.
The public hearing will be held in the City Hall Theater located at 13777 Fruitvale Avenue. The
public hearing agenda item is stated below. Details of this item are available at the Saratoga
Community Development Department, Monday through Friday 7:30 a.m. – 5:00 p.m. Please
consult the City website at www.saratoga.ca.us regarding Friday office closures.
APPLICATION: MOD 13-0006
OWNER/APPLICANT: Tom Lim
ADDRESS/APN: 12858 Pheasant Ridge; Saratoga, CA 95070 / 366-57-004
PROJECT DESCRIPTION: The applicant is requesting design review approval for a
modification to approved plans. The previous approval was for a project of a new single-story
residence and remodel of an existing detached garage, with an overall floor area of 5,994 sq. ft.
The new proposal includes a new single-story residence and detached cottage, with an overall
floor area of 6,486 sq. ft. The additional floor area is to be added to the detached cottage. The
project will be no taller than 18 feet in height. Five protected trees are in conflict with the design
and meet the criteria for removal.
All interested persons may appear and be heard at the above time and place. If you challenge a
decision of the Planning Commission pursuant to a Public Hearing in court, you may be limited to
raising only those issues you or someone else raised at the Public Hearing. In order for information
to be included in the Planning Commission’s information packets, written communications should
be filed on or before Monday, April 1, 2013.
This notice has been sent to all owners of property within 500 feet of the project that is the subject
of this notice. The City uses the official roll produced by the County Assessor’s office annually, in
preparing its notice mailing lists.
Michael Fossati
Planner
(408) 868-1212
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Parcel Number Owner Name Owner Address Owner City, State Zip
#5448 500' OWNERSHIP LISTING Prepared for: 12858 PHEASANT
366-05-041 FRANK C & GRACE H LIN 12505 CRAYSIDE LN SARATOGA, CA 95070
366-05-055 AJAY M & MADHURANI A MARATHE 20876 BEAUCHAMPS LN SARATOGA, CA 95070
366-05-056 AARON & KANEKO KELLY WOO 20858 BEAUCHAMPS LN SARATOGA, CA 95070
366-05-057 HUANG TRUST 20840 BEAUCHAMPS LN SARATOGA, CA 95070
366-14-013 EDMOND C & LILLIAN L CHOY 20901 WARDELL RD SARATOGA, CA 95070
366-14-025 EDMOND C & LILLIAN L CHOY 20901 WARDELL RD SARATOGA, CA 95070
366-14-028 DAVID HIRAI 20898 WARDELL RD SARATOGA, CA 95070
366-14-029 LEE TRUST 20891 WARDELL RD SARATOGA, CA 95070
366-14-031 HELMREICH MARTHA M AND GRAF W A 3 20801 VERDE MOOR CT SARATOGA, CA 95070
366-14-032 SCOTT A HERZBERG 20823 VERDE MOOR CT SARATOGA, CA 95070
366-14-033 ANURAG P & SAXENA JYOTI GUPTA 20845 VERDE MOOR CT SARATOGA, CA 95070
366-14-034 FRANK S & CHRISTINA CHU 20867 VERDE MOOR CT SARATOGA, CA 95070
366-14-035 PETER P & TERRY R LIN 20889 VERDE MOOR CT SARATOGA, CA 95070
366-14-036 MADHVI S & SANJAY K MOONA 20878 VERDE MOOR CT SARATOGA, CA 95070
366-14-037 LAMBROS & VASILIKE N LOGOTHETIS 20856 VERDE MOOR CT SARATOGA, CA 95070
366-14-038 RUDOLPH E & DONNA M DITTRICH 20834 VERDE MOOR CT SARATOGA, CA 95070
366-14-039 VINCENT W LIANG 20800 VERDE MOOR CT SARATOGA, CA 95070
366-14-041 ARTHUR C LEE 10856 LINDA VISTA DR CUPERTINO, CA 95014
366-14-047 CALVIN T & KARLA K BROMAN 20839 HILLMOOR DR SARATOGA, CA 95070
366-14-048 JEFFREY L & JEANNE K MULLINS 20851 HILLMOOR DR SARATOGA, CA 95070
366-14-049 DEAN G GROSS 20873 HILLMOOR DR SARATOGA, CA 95070
366-14-050 HENRY HSI & LISA LI-CHUN YEN 13630 SURREY LN SARATOGA, CA 95070
366-14-051 JOHN C & JUNE Y WONG 20868 HILLMOOR DR SARATOGA, CA 95070
366-14-052 CHANDRASHEKHAR & CHANDRASHEKHAR20846 HILLMOOR DR SARATOGA, CA 95070
366-14-053 THOMAS & SUSAN KLEIN 20824 HILLMOOR DR SARATOGA, CA 95070
366-14-054 TERRI O BERNSTEIN 20802 HILLMOOR DR SARATOGA, CA 95070
366-14-057 TING-KUANG & CHANG CHING-FANG CHIA 20885 WARDELL RD SARATOGA, CA 95070
366-14-058 RAYMOND KLOTH 12649 ARROYO DE ARGUELLO SARATOGA, CA 95070
366-14-059 HSINGFEN CHEN JIH 12651 ARROYO DE ARGUELLO SARATOGA, CA 95070
366-14-060 WILSON & PAULINE N FONG 12663 ARROYO DE ARGUELLO SARATOGA, CA 95070
366-14-061 RONALD E CALI 12675 ARROYO DE ARGUELLO SARATOGA, CA 95070
366-25-016 WALTER P CZEROPSKI 12672 ARROYO DE ARGUELLO SARATOGA, CA 95070
366-25-017 GARY Y & CAROLINE T CHENG 12660 ARROYO DE ARGUELLO SARATOGA, CA 95070
366-25-018 PEEYUSH JAIN 12658 ARROYO DE ARGUELLO SARATOGA, CA 95070
366-25-019 GREG & BONNIE MCCUISTION 12646 ARROYO DE ARGUELLO SARATOGA, CA 95070
366-49-015 ANIL K & RESHMA S NIGAM 21451 CONTINENTAL CIR SARATOGA, CA 95070
366-49-027 MARCIA WELLS-LAWSON 12375 FARR RANCH RD SARATOGA, CA 95070
366-49-032 PONG & ESTHER LIM 492 DEODARA DR LOS ALTOS, CA 95070
366-49-035 MIREK JIRICKA 12312 FARR RANCH RD SARATOGA, CA 95070
366-49-038 BRIAN L & CAROLYN A HALLA 12360 FARR RANCH CT SARATOGA, CA 95070
366-49-042 JO-NING & CHIEN CHIE-JIUN TA 12358 FARR RANCH CT SARATOGA, CA 95070
366-57-001 ALOK & SANGEETA AGGARWAL 12835 PHEASANT RIDGE RD SARATOGA, CA 95070
366-57-002 ALOK & SANGEETA AGGARWAL 12835 PHEASANT RIDGE RD SARATOGA, CA 95070
366-57-003 DAN & NANCY A CHEADLE 12499 GREEN MEADOW LN SARATOGA, CA 95070
366-57-004 TOM C & CHAN ELLEN LIM 10654 FLORA VISTA AVE CUPERTINO, CA 95014
503-17-002 HILDEGARDE C PECSAR 20880 WARDELL RD SARATOGA, CA 95070
503-17-023 JAMES V TORRE 21330 VAI AVE CUPERTINO, CA 95014
503-17-029 MARGARET C GUICHARD 21130 WARDELL RD SARATOGA, CA 95070
503-17-030 MATT CHRISTIANO PO BOX 8 PAICINES, CA 95043
503-17-031 MARGARET C GUICHARD 21130 WARDELL RD SARATOGA, CA 95070
503-17-033 CALVIN K & CATHERINE K TANG 12721 ARROYO DE ARGUELLO SARATOGA, CA 95070
503-17-034 SCHWARTZ SAMUEL A TR/TR 12743 ARROYO DE ARGUELLO SARATOGA, CA 95070
503-17-035 DEIN WANG 12755 ARROYO DE ARGUELLO SARATOGA, CA 95070
503-17-036 KENNETH W & LIANA M ROBINSON 12767 ARROYO DE ARGUELLO SARATOGA, CA 95070
503-17-037 LAURA CHO 12781 ARROYO DE ARGUELLO SARATOGA, CA 95070
503-17-038 WEN-LONG & SHARON SU PO BOX 3682 SARATOGA, CA 95070
503-17-039 MIN-HUNG & MING-HSIANG CHAO 12825 ARROYO DE ARGUELLO SARATOGA, CA 95070
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Subject APN: 366-57-004 Address: 12858 Pheasant Ridge
500’ Radius Saratoga CA 95070
Advanced Listing Services Inc.
Ownership Listings & Radius Maps
P.O. Box 2593 •Dana Point, CA •92624
Office: (949) 361-3921 •Fax: (949) 361-3923
www.Advancedlisting.com
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