HomeMy WebLinkAbout03-26-14 Planning Commission Agenda PacketTable of Contents
Agenda 3
March 12, 2014
Draft Minutes 5
Application PSP14-0001; 14417 Big Basin Way(503-24-028)
Clark - Application by Adam Clark to install two new signs on an
existing building located at 14417 Big Basin Way. The signs will
include an approximately 17 square feet illuminated wall sign
located above the front entrance that will be made of individual
channel letters and will spell the words “Everything but the
Wedding Dress. A two square foot non-illuminated projecting
sign will be located to the right of the front entrance and will
include the same text as the wall sign. Zone District: CH-1. Staff
Contact: Michael Fossati (408)868-1212
Staff Report 7
Att. 1 - Resolution 12
Att. 2 - Notice 15
Att. 3 - Plans 16
Application MOD14-0002; 13170 Pierce Road (503-16-034);
Ranganath - The applicant is requesting the modification of
Resolution 12-023, removing two permanent conditions
regarding concerns with privacy of adjacent neighboring
properties. Modification of Design Review approval is required
pursuant to Saratoga Municipal Code Section 15-80.120(b).
Staff Report - 13170 Pierce Rd.21
Att. 1 - Resolution 24
Att. 2 - Previous Resolution - 13170 Pierce Rd 28
Att. 3 - Neighbor Letters 34
Att. 4 - Public Notice 37
Application PDR13-0029 / FER 14-0002 / ELN14-0002; 12428
De Sanka Avenue (386-54-046); Ram Moorthy - The applicant
is requesting Design Review approval to add 530 square feet to
an existing non-conforming single-story 2,766 square foot
home. The addition includes a new 482 square foot second
story and an additional 48 square feet on the first story. The two
-story home would be 3,296 square feet in area and 20 feet, six
inches in height. The applicant is also asking an exception to
retain an existing non-conforming fence and existing
nonconforming building setbacks. Staff Contact: Cynthia
McCormick (408) 868-1230.
Staff Report 40
Resolution 46
Neighbor Forms 51
Noticing 54
plans 57
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Application PDR13-0020; 19385 Monte Vista Avenue (397-10-
021); Speno / Anderson Architects - The applicant is requesting
Design Review approval to replace a 4,200 square foot home
with a new 6,017 square feet single-story single-family dwelling
with a height of 22 feet. The applicant would retain the existing
pool and pool shed. Staff Contact: Cynthia McCormick (408)
868-1230.
Staff Report 78
Resolution 82
Neighbor Forms 86
Noticing 91
plans 94
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AGENDA
REGULAR MEETING
SARATOGA PLANNING COMMISSION
Wednesday, March 26, 2014
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 12, 2014
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 PSP14-0001; 14417 Big Basin Way(503-24-028) Clark - Application by Adam Clark to install
two new signs on an existing building located at 14417 Big Basin Way. The signs will include an
approximately 17 square feet illuminated wall sign located above the front entrance that will be made of
individual channel letters and will spell the words “Everything but the Wedding Dress. A two square foot
non-illuminated projecting sign will be located to the right of the front entrance and will include the same
text as the wall sign. Zone District: CH-1. Staff Contact: Michael Fossati (408)868-1212
Recommended action:
Staff recommends the Planning Commission adopt Resolution No. 14-009 approving the project subject to
conditions of approval.
2. Application MOD14-0002; 13170 Pierce Road (503-16-034); Ranganath - The applicant is requesting the
modification of Resolution 12-023, removing two permanent conditions regarding concerns with privacy of
adjacent neighboring properties. Modification of Design Review approval is required pursuant to Saratoga
Municipal Code Section 15-80.120(b).
Recommended action:
Adopt Resolution No. 14-008 approving the project subject to conditions of approval.
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3. Application PDR13-0029 / FER 14-0002 / ELN14-0002; 12428 De Sanka Avenue (386-54-046); Ram
Moorthy - The applicant is requesting Design Review approval to add 530 square feet to an existing non-
conforming single-story 2,766 square foot home. The addition includes a new 482 square foot second story
and an additional 48 square feet on the first story. The two-story home would be 3,296 square feet in area
and 20 feet, six inches in height. The applicant is also asking an exception to retain an existing non-
conforming fence and existing nonconforming building setbacks. Staff Contact: Cynthia McCormick (408)
868-1230.
Recommended action:
Adopt Resolution No. 14-010 approving the project subject to conditions of approval.
4. Application PDR13-0020; 19385 Monte Vista Avenue (397-10-021); Speno / Anderson Architects - The
applicant is requesting Design Review approval to replace a 4,200 square foot home with a new 6,017
square feet single-story single-family dwelling with a height of 22 feet. The applicant would retain the
existing pool and pool shed. Staff Contact: Cynthia McCormick (408) 868-1230.
Recommended action:
Adopt Resolution No. 14-006 approving the project subject to conditions of approval.
DIRECTOR/COMMISSION COMMUNICATION
ADJOURNMENT
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 20, 2014 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
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ACTION MINUTES
REGULAR MEETING
SARATOGA PLANNING COMMISSION
Wednesday, March 12, 2014
REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777
FRUITVALE AVENUE
ROLL CALL
PRESENT Commissioners Leonard Almalech, Mary-Lynne Bernald, Pragati Grover, Dede
Smullen, Tina Walia, Yan Zhao, Chair Joyce Hlava
ABSENT None
ALSO PRESENT James Lindsay, Community Development Director
Cynthia McCormick, Planner
COMMUNICATIONS FROM COMMISSION & PUBLIC
APPROVAL OF MINUTES
Approve Action Minutes from the Regular Planning Commission Meeting of January 22, 2014 and February
12, 2014 as amended.
Action:
WALIA/GROVER MOVED TO APPROVE THE AMENDED JANUARY 22, 2014 AND FEBRUARY
12, 2014 MINUTES. MOTION PASSED. AYES: ALMALECH, BERNALD, GROVER, HLAVA,
SMULLEN, WALIA, ZHAO. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE.
PUBLIC HEARINGS
1. Application PSP14-0002; 20400 Saratoga-Los Gatos Road (517-10-015) Fatima Villa / Window Graphics
Signs - The applicant requests approval of a new sign program. Staff Contact: Cynthia McCormick (408)
868-1230.
Action:
BERNALD/GROVER MOVED TO ADOPT RESOLUTION NO. 14-007 APPROVING THE
PROJECT WITH CHANGES TO THE CONDITIONS:
[Condition #3 was amended as follows:]
Compliance with Sign Program. All signs on the property shall be located and constructed as
shown in the Sign Program denominated Exhibit "A", and as conditioned below, including
changes to sign #1B, as provided in condition #10. Any modifications to the sign program shall
require a new application.
[A new COA#10 was added as follows:]
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Sign #1B of Exhibit A. The freestanding sign near the Oak Street exit (sign #1B of Exhibit A)
shall not include the facility’s address. Sign #1B shall have an arrow pointing towards the
Saratoga-Los Gatos road entrance.
MOTION PASSED. AYES: ALMALECH, BERNALD, GROVER, HLAVA, SMULLEN,
WALIA, ZHAO. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE.
2. Application PDR13-0020 – 19385 Monte Vista Avenue (397-10-027) Speno/Anderson Architects - The
applicant is requesting Design Review approval for a new single-story single-family dwelling. The new
home would be 6,079 square feet in area and 22 feet in height. The proposal conforms to the city’s
standards for height, setbacks, floor area, and lot coverage. Staff Contact: Cynthia McCormick (408)868-
1230.
Action:
GROVER/BERNALD MOVED TO CONTINUE THE ITEM TO MARCH 26, 2014
MEETING. MOTION PASSED. AYES: ALMALECH, BERNALD, GROVER, HLAVA,
SMULLEN, WALIA, ZHAO. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE.
3. Application ELN14-0001; 19181 Dagmar Drive (389-41-009) Lee – The applicant requests approval to
expand an existing legal non-conforming single-family residence. The 556 square foot single story
addition will be located in the northwestern corner of the residence and will conform to the City Code. The
project also includes an interior remodel, façade remodel including a new front porch, and a new roof that
will increase the building height to 16’-6”. The gross lot size is approximately 8,029 square feet and the site
is zoned R-1-10,000. Staff Contact: Christopher Riordan, 408-868-1235.
Action:
BERNALD/GROVER MOVED TO TABLE THE ITEM AND RE-ADVERTISE THE
PROJECT FOR A LATER MEETING. MOTION PASSED. AYES: ALMALECH,
BERNALD, GROVER, HLAVA, SMULLEN, WALIA, ZHAO. NOES: NONE. ABSENT:
NONE. ABSTAIN: NONE.
NEW BUSINESS
Application ASP13-0001; 21000 Big Basin Way (517-36-009); Hakone Foundation - The applicant
requests sign permit approval to replace an existing free-standing sign with a new free-standing sign near
the main entrance that intersects with Big Basin Way. Staff Contact: Cynthia McCormick (408) 868-1230.
Action:
ZHAO/BERNALD MOVED TO ADOPT RESOLUTION NO. 14-003 APPROVING THE
PROJECT SUBJECT TO CONDITIONS OF APPROVAL. MOTION PASSED. AYES:
ALMALECH, BERNALD, GROVER, HLAVA, SMULLEN, WALIA, ZHAO. NOES: NONE.
ABSENT: NONE. ABSTAIN: NONE.
DIRECTOR/COMMISSION COMMUNICATION
Director Lindsay reported on the Council’s proposed changes to the noise ordinance.
Commissioner Bernald encouraged residents to attend the March 25, 2014 Housing Element Update study
session.
ADJOURNMENT
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REPORT TO THE
PLANNING COMMISSION
Meeting Date: March 26, 2014
Application: PSP14-0001
Location / APN: 14417 Big Basin Way / 503-24-058
Applicant: Adam Clark
Staff Planner: Christopher Riordan
14417 Big Basin Way
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SUMMARY
PROJECT DESCRIPTION:
The applicant is requesting a Sign Permit to install two new signs on an existing building
located at 14417 Big Basin Way. The 17.7 square foot externally illuminated wall sign will
be make of individually cut letters and would be located on the exterior of the building and
centered above the three windows. The two square foot projecting sign would be attached
to the wall of the building to the right of the middle window.
STAFF RECOMMENDATION:
Staff recommends the Planning Commission adopt Resolution No. 14-009 approving the
project subject to conditions of approval.
PROJECT DATA:
General Plan Designation: Commercial Retail (CR) General Plan Designation
Zoning: Commercial Historic (CH-1) Zoning District
PROPOSED SIGNAGE
Type of Sign:
Location:
Area of Sign:
Sign Dimensions:
Lettering Height:
Sign Material (Letters):
Sign Color (Letters):
Sign Illumination:
Building Wall Sign
Exterior wall/centered above windows
17.7 sq. ft.
30” H x 85” W
10”
1/2 inch acrylic letters (peg mounted)
Brown
Externally illuminated – 3 gooseneck
lights that are black in color located above
letters
Type of Sign:
Location:
Area of Sign:
Height of Sign:
Sign Dimensions:
Sign Material
Sign Color (Letters):
Sign Color (Background):
Sign Illumination:
Projecting Sign
Attached to wall to the right of the middle
window
2 square feet
9 feet above sidewalk
12” H x 24” W
Aluminum with Vinyl Overlay
Brown
Gray
Non-Illuminated
Total Square Footage: 19.7 sq. ft. (23.7sq. ft. maximum
allowable)
Page 2 of 5
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Application No. PSP14-0001; 14417 Big Basin Way /
PROJECT DISCUSSION AND SITE CHARACTERISTICS
Planning Commission approval is required pursuant to Saratoga City Code Section 15-
30.150(c)(1)(a).
The proposed signs would be located on an existing building located at 14417 Big Basin
Way. The building includes three tenant spaces. The proposed signs are for a newly
opened business called “Everything but the Wedding Dress” which sells wedding related
items. Other tenants in the building include the Wildwood Market and the Golden
Mirror.
Heritage Preservation Commission
The building is on the City’s Heritage Resource Inventory, was originally constructed in
1910 and completely remodeled in the 1950’s. The Heritage Preservation Commission
(HPC) reviewed the proposed signage at their meeting of February 11, 2014. As
originally proposed, the wall sign was to be constructed of brown colored, peg mounted,
individual letters on an aluminum sign board with a light blue vinyl overlay. The letters
would spell the words “Everything but the Wedding Dress” and would also include a
separate heart shaped logo. The HPC recommended that the sign be redesigned so that it
did not include the blue colored sign board and that the letters be “peg” mounted directly
to the exterior of the building. The HPC approved the proposed gooseneck lights for the
wall sign as well as the design of the projecting sign.
Wall Sign
The proposed 17.7 square foot wall sign would be located on the exterior of the front of
the building, centered in the middle of the façade, and located 18 feet above the sidewalk.
The dimensions of the sign area would be 30” tall and 85” wide. The sign would consist
of individually cut letters that would be “peg” mounted to the building. The brown
colored letters would be made of acrylic and each would be 1/2 inch thick and ten inches
high. The sign would be externally illuminated by three “gooseneck” shaped low output
LED lights that would be black in color
Projecting Sign
The proposed two square foot projecting sign would be 12 inches tall and 24 inches wide
and would be mounted to the right of the center window at a height of nine feet above the
sidewalk. The sign will be composed of a light blue colored aluminum side board with a
vinyl overlay. The lettering will be brown in color and would be printed directly to the
surface of the sign and will read “Everything but the Wedding Dress” and will include
the same “hearts” logo as the wall sign. The sign will be hung from a “wrought iron”
bracket that would be mounted to the exterior of the building. The projecting sign would
be placed above an existing wall sconce and would not include additional illumination.
Page 3 of 5
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Application No. PSP14-0001; 14417 Big Basin Way /
NOTICING
Staff sent a “Notice of Public Hearing” to all property owners within 500 feet of the subject
property (Attachment #2). The public hearing notice and description of the project was
published in the Saratoga News. No public comments, either positive or negative, have been
received at the time of the preparation of this Staff Report.
ENVIRONMENTAL DETERMINATION
The proposed sign is Class 11 Categorically Exempt from the Environmental Quality Act
(CEQA) pursuant to Title 14 of the California Code of Regulations, Chapter 3. Article 19,
Section 15311 (“State CEQA Guidelines”). Class 11 exemptions include on-premise signs.
FINDINGS
Sign Permit Criteria:
The criteria required for issuance of a Sign Permit approval pursuant to City Code Article
15-30 are set forth below and the Applicant has met the burden of proof for meeting the
criteria:
(a) That the sign complies with the regulations of this Article and the regulations of the
district in which it will be located. This criterion can be made in the affirmative. The
proposed signage complies with City Code Article 15-30 and is consistent with the
Village Design Guidelines. The proposed area of signage is below the maximum allowed
for the tenant space and the letters are less than 18 inches in height. The wall sign will
require approval by the building department to ensure construction standards are met.
(b) That the size, shape, color, illumination, placement and material of the sign is
compatible with the building it identifies and with the visual characteristics of the
neighborhood and other lawful signs in the area. This criterion can be made in the
affirmative. The signs as proposed would be constructed with high-quality durable metals
and acrylic and will be legible under normal viewing conditions. The signs would be
proportional to the building and would not be incompatible with nearby signs with
respect to size, materials, and colors. The two signs would be compatible with each other
in terms of colors, font, and text. The signs would be consistent with the Village Design
Guidelines in that the wall sign does not project above the eave line, the two signs
complement one another in color, are constructed of durable materials, and the colors
complement the building and do not exceed more than three different colors. The wall
sign is illuminated so that it can be lit for evening visibility by the use of external
illumination of low wattage.
(c) That the location and design of the sign does not obscure from view or unduly
detract from existing adjacent signs. This criterion can be made in the affirmative. The
signs will be located on the site in which they identify and will not be located in either a
street or driveway intersection. Only two signs are proposed and are of two separate sign
types and varying locations thereby minimizing any perception of clutter. The projecting
Page 4 of 5
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Application No. PSP14-0001; 14417 Big Basin Way /
Page 5 of 5
sign will be located approximately nine feet off the ground, allowing adequate space
beneath the sign for pedestrian passage. The wall sign will consist of externally illuminated
individual channel cut letters which are permitted in the Village with Planning Commission
approval. As proposed the primary source of light will project directly onto the sign, will be
of low wattage, thereby reducing the chance of annoying glare
(d) That the location and design of a sign in close proximity to any residential district
will not adversely affect the quality or character of such residential area. This criterion
can be made in the affirmative. The proposed signage will face Big Basin Way and will
not be visible from residential properties.
ATTACHMENTS:
1. Resolution
2. Public hearing notice
3. Reduced Plans (Exhibit A)
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RESOLUTION NO: 14-009
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
APPROVING AN APPLICATION FOR A NEW ILLLUMINATED WALL SIGN AND A
PROJECTING SIGN LOCATED AT 14417 BIG BASIN WAY, SARATOGA CA 95070
WHEREAS, on January 3, 2014, an application was submitted by Adam Clark,
requesting approval of a new illuminated wall sign and a non-illuminated projecting sign on an
existing commercial building located at 14417 Big Basin Way. The building is located in the
Commercial Historic (CH-1) 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 February 11, 2014, the Heritage Preservation Commission recommended
approval of the projecting sign as proposed and conditionally approved the wall sign. The design of
the wall sign has been modified to be consistent with those conditions.
WHEREAS, on March 26, 2014, 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 proposed sign is Class 11 Categorically Exempt from the Environmental
Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Chapter 3. Article
19, Section 15311 (“State CEQA Guidelines”). Class 11 exemptions include on-premise signs.
Section 3: The project is consistent with the purpose of the City’s Sign Ordinance which is
to: ensure high-quality designed signs are compatible with adjacent land uses and preserve the
residential character of the City; prevent substandard sign generation and sign clutter which is
counterproductive to business and visually unattractive to the community; direct persons to
various activities and enterprises in the City; protect the public safety and reduce traffic and
safety hazards through proper location and design of signs; and provide a reasonable and
constitutional system of sign control including the quantity, type, placement, size, illumination
and design of signs.
Section 4: The project is consistent with the Saratoga City Code sign permit findings in that
each sign complies with the sign ordinance regulations, including, but not limited to, the provisions
set forth in Sections 15-30.030 and 15-30.040; the quantity, size, proportion, height, and spacing of
signs minimizes the perception of clutter; and each sign is compatible with: a) other nearby signs;
and b) the building and/or site upon which it is located; and c) adjacent structures and the general
vicinity.
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Resolution No. 14-009
Section 5: The City of Saratoga Planning Commission hereby approves PSP14-0001
located at 14417 Big Basin Way subject to the Findings, and Conditions of Approval attached
hereto as Exhibit 1.
PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 26th day of
March 2014 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Joyce Hlava
Chair, Planning Commission
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Resolution No. 14-009
Exhibit 1
CONDITIONS OF APPROVAL
ASP14-0001
14417 BIG BASIN WAY
1. 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.
2. 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.
3. Compliance with Plans. The illuminated freestanding sign shall be located and constructed as
shown in the plans denominated Exhibit "A", and as conditioned below. Any modifications to
the sign shall require approval by the City.
4. Building Permit. 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.
5. The owner/applicant shall agree to all conditions required by the Saratoga Building Department.
6. The owner/applicant shall agree to all conditions required by the City Engineer, as applicable.
14
CITY OF SARATOGA
Community Development Department
13777 Fruitvale Avenue
Saratoga, CA 95070
(408) 868-1222
NOTICE OF MEETING
The City of Saratoga’s Planning Commission announces the following meeting on:
Wednesday, March 26 at 7:00 p.m.
The meeting will be held in the City Hall Theater located at 13777 Fruitvale Avenue. 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.
ADDRESS / APN: 14417 Big Basin Way
APPLICANT: Richard Clark
APPLICATION: PSP14-0001
PROJECT DESCRIPTION: The applicant is requesting a Sign Permit to install two new signs
on an existing building located at 14417 Big Basin Way. The name of the business is called
“Everything but the Wedding Dress” and will sell wedding related items. The 17.7 square foot
externally illuminated wall sign will be make of individually cut letters and would be located on the
exterior of the building and centered above the three windows. The sign would be illuminate by
three “gooseneck” lights located mounted to the exterior of the building above the sign. The two
square foot projecting sign would be attached to the wall of the building to the right of the middle
window.
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 meeting.
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.
Christopher Riordan
(408) 868-1235
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REPORT TO THE
PLANNING COMMISSION
Meeting Date: March 26, 2014
Application: Modification MOD14-0002
Location / APN: 13710 Pierce Rd. / 503-16-034
Owner / Applicant: Ranganath
Staff Planner: Michael Fossati
13710 Pierce Road
21
.
SUMMARY
PROJECT DESCRIPTION:
The applicant is requesting the removal of two permanent conditions currently on
Resolution 12-023, which were established address potential privacy concerns.
PROJECT DISCUSSION AND SITE CHARACTERISTICS
On May 23, 2012, the Planning Commission approved the construction of a new 5,642 sq.
ft., two-story residence. At that meeting, the Planning Commission added two of the
following conditions in order to address potential privacy concerns. The conditions are as
follows:
• Condition #10 - Landscape & Fence Screening along Southern Property Line.
Landscape & Fence screening shall be planted, as shown per elevation drawing, date
stamped May 23, 2012 (Exhibit "B") along a portion of the southern property line.
The landscaping shall be in the form of three podocarpus trees. The fence shall be in
the form of a six foot tall fence with two feet of lattice, and extend approximate eight
feet and eight inches from the rear edge of the proposed residence. The trees must
remain in good health, and if diseased or dying, must be replaced, to the satisfaction
of the Community Development Department. THIS CONDITION IS
PERMANENT.
• Condition # 11 - Landscape Screening along Northern Property Line. Landscape
screening, in location as shown per Title Page & Site Plan, date stamped March 27,
2012 (Exhibit "A") along certain portions of the northern property line. The
landscape screening shall be in the form of a “green grid wall”, which consists of an
arbor structure with vegetation attached. The vegetation must remain in good health,
and if diseased or dying, must be replaced, to the satisfaction of the Community
Development Department. THIS CONDITION IS PERMANENT.
According to the applicant, once the fence was erected along the southern property line,
neither the applicant nor the south facing neighbor felt that Condition #10 requiring
permanent additional landscape screening was required.
Condition #11 requires a permanent landscape screening in the form of a “green grid wall”
along a portion of the north facing wall. The applicant has met with the north facing
neighbor and, collectively, agrees that the permanent condition is no longer required. The
applicant has provided letters signed by both neighbors stating such (Attachment 3). Staff
has visited the site and spoke directly with the neighboring property owners regarding the
removal of the condition. All parties involved believe the permanent conditions are no
longer required.
The applicant is requesting Planning Commission to remove the previous two permanent
conditions attached to the project. All other conditions per the resolution would be followed
as required.
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.
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. 14-008 approving the project subject to conditions of approval.
ATTACHMENTS:
1. Resolution of Approval – 13710 Pierce Road
2. Resolution 12-023, dated 5/23/12
3. Letter from applicant and neighbors
4. Public hearing notice, mailing addresses, and map for project notification
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RESOLUTION NO. 14-008
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
MODIFYING THE APPROVAL OF A DESIGN REVIEW NO. MOD14-0002 FOR THE
REPLACEMENT OF AN EXISTING TWO-STORY, SINGLE-FAMILY RESIDENCE
WITH A NEW TWO-STORY SINGLE-FAMILY RESIDENCE LOCATED AT 13170
PIERCE ROAD
WHEREAS, on May 23, 2012 an application PDR11-0028 was approved by Planning
Commission for the demolition of an existing 3,125 sq. ft. two-story, single-family residence
with construction of a 5,642 sq. ft. two-story, single-family residence. Design Review approval
is required pursuant to Saratoga Municipal Code Section 15-45.060. The net site is
approximately 35,086 sq. ft. and is located within the R-1-40,000 zoning district.
WHEREAS, on February 25, 2014, the applicant has submitted a new application
MOD14-0002, requesting modification of the previous approved Design Review by removing
two of the eleven conditions established per the resolution. Per City Code Section 15-80.120 (b),
where the modification involves any change to a condition imposed, or plans approved, pursuant
to a prior design review approval, the modification shall be subject to approval by the Planning
Commission.
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 March 26, 2014, 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.
24
Resolution No. 14‐008 Page 2
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 MOD14-0002,
located at 13170 Pierce Road, subject to the above Findings, and Conditions of Approval
attached hereto as Exhibit 1.
PASSED AND ADOPTED by the City of Saratoga Planning Commission this 26th day of
March 2014 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Joyce Hlava
Chair, Planning Commission
25
Resolution No. 14‐008
Page 3
EXHIBIT 1
CONDITIONS OF APPROVAL
MOD14-0002
13170 Pierce Road (APN: 503-16-034)
1. All conditions established per Resolution 12-033 are considered null and void, and replaced
with the following conditions below.
2. 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.
3. 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).
4. 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.
5. 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
26
Resolution No. 14‐008 Page 4
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.
COMMUNITY DEVELOPMENT
6. 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 March 27, 2012
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 4, above.
7. 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. 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;
b. The site plan shall contain a note with the following language: “Prior to foundation
inspection by the City, the Licensed Land Surveyor of record shall provide a written
certification that all building setbacks comply with the Approved Plans,” which note
shall represent a condition which must be satisfied to remain in compliance with this
Design Review Approval;
c. This signed and dated Resolution printed onto a separate construction plan page;
d. City Arborist Reports dated February 16, 2012 onto a separate construction plan
page;
e. All additional drawings, plans, maps, reports, and/or materials required by the
Building Division.
8. Lighting. Exterior lighting shall be shielded so as not to shine on adjacent properties or
public right-of-way.
9. 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.
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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, the 26th day of March, 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/ADDRESS: MOD14-0002 / 13170 Pierce Rd.
APPLICANT/OWNER: Ranganath
APN: 503-13-034
DESCRIPTION: The applicant is requesting the modification of Resolution 12-023, removing
two permanent conditions regarding concerns with privacy of adjacent neighboring properties.
Modification of Design Review approval is required pursuant to Saratoga Municipal Code
Section 15-80.120(b). The site is approximately 37,745 sq. ft. and is located within the R-1-
40,000 zoning district.
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 Tuesday, March 18, 2014.
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.
Michael Fossati
Planner
(408) 868-1212
37
Notification Map
APN: 503-16-034 500’ Radius
Subject Address: 13170 Pierce Rd, Saratoga Ca 95070
38
APN Owner Name Mailing Address City, State, Zip
503-16-011 HENRY HSI CHEN YEN 13630 SURREY LN SARATOGA CA 95070
503-16-012 ROY & ANGELA EVULICH 13616 SURREY LN SARATOGA CA 95070
503-16-024 WALTER H SINGER 13250 PIERCE RD SARATOGA CA 95070
503-16-025 BARBARA A MORRISSEY 13240 PIERCE RD SARATOGA CA 95070
503-16-026 ASHOK & KIRAN BHATIA 13228 PIERCE RD SARATOGA CA 95070
503-16-027 CHIEN C LIAO 13216 PIERCE RD SARATOGA CA 95129
503-16-030 NANCY B SELAN 1039 E EL CAMINO REAL #203 SUNNYVALE CA 94087
503-16-031 ANDREW L & DIANE J CARTER 13194 PIERCE RD SARATOGA CA 95070
503-16-032 RALPH J & JOAN K MOROCCO 13190 PIERCE RD SARATOGA CA 95070
503-16-033 KATHRYN KENNEDY 13170 PIERCE RD SARATOGA CA 95070
503-16-034 RANGANATH FAMILY TR 13170 PIERCE RD SARATOGA CA 95070
503-16-035 CATHERINE G & JOAN K MOROCCO 13180 PIERCE RD SARATOGA CA 95070
503-16-038 BRIAN L & SHERI R FRANK 13090 PIERCE RD SARATOGA CA 95070
503-16-053 NORBERT & SUSANNE GAUS 13251 PIERCE RD SARATOGA CA 95070
503-16-059 WILLIAM K & SYLVIA M BICKENBACH 13100 PIERCE RD SARATOGA CA 95070
503-16-060 MARILYN T CLAWSON 13110 PIERCE RD SARATOGA CA 95070
503-16-063 ANGEL L & CONNIE S MINTEGUI 13144 PIERCE RD SARATOGA CA 95070
503-16-064 PHEBE HSU 13138 PIERCE RD SARATOGA CA 95070
503-16-065 LEO S LUAN 13204 PIERCE RD SARATOGA CA 95070
503-16-066 HANS H & INGE H STELLRECHT 13200 PIERCE RD SARATOGA CA 95070
503-16-082 JOHN E & DOROTHY J TERRILL 13277 PIERCE RD SARATOGA CA 95070
503-16-086 GLENNON 1987 LIVING TRUST UTD 6/15/87 13091 PIERCE RD SARATOGA CA 95070
503-16-087 PAUL E & RENEE M JACOBS 13093 PIERCE RD SARATOGA CA 95070
503-16-088 DEVANG & SUNITA SHAH 18800 BELLA VINA SARATOGA CA 95070
503-16-089 PAUL R & ELIZABETH L CONRADO 18820 BELLA VINA SARATOGA CA 95070
503-16-090 FARHAT & MEMUNA ALI 18850 BELLA VINA SARATOGA CA 95070
503-16-091 MARK JON BLUTH 18860 BELLA VINA SARATOGA CA 95070
503-16-092 GARY S & MARGARET D ANDERSON 18880 BELLA VINA SARATOGA CA 95070
503-16-093 RUSSELL C & MARCIA HANSEN 18890 BELLA VINA SARATOGA CA 95070
503-19-115 MEIYU YEH 13156 PARAMOUNT DR SARATOGA CA 95070
503-19-116 YU-CHI & WANG PAO-SUN YEH 20651 RICE CT SARATOGA CA 95070
503-19-117 GARY S YUNG 11205 MOUNT CREST DR CUPERTINO CA 95014
503-19-118 VISHWAS R & ARATI V GODBOLE 20695 RICE CT SARATOGA CA 95070
503-19-119 JOHN E LINDHOLM 20682 RICE CT SARATOGA CA 95070
503-19-120 MICHAEL M & PHYLLIS A SHEA 20660 RICE CT SARATOGA CA 95070
503-19-121 HERBERT M & MARY S CHEN 13163 PARAMOUNT DR SARATOGA CA 95070
503-82-006 KATHRYN KENNEDY 13170 PIERCE RD SARATOGA CA 95070
503-82-026 RAVI & NAGASHREE MURTHY 13075 PARAMOUNT CT SARATOGA CA 95070
503-82-027 RAGHAV & SEEMA SHARMA 13095 PARAMOUNT CT SARATOGA CA 95070
503-82-028 RAGHAV & SEEMA SHARMA 13095 PARAMOUNT CT SARATOGA CA 95070
503-82-029 CHIH-WEI & HENG-CHUN CHANG 13090 PARAMOUNT CT SARATOGA CA 95070
39
REPORT TO
THE PLANNING COMMISSION
Meeting Date: March 26, 2014
Application: PDR13-0029 / FER 14-0002 / ELN14-0002
Location / APN: 12428 De Sanka Avenue / 386-54-046
Owner/Applicant: Ram Moorthy
Staff Planner: Cynthia McCormick, Planner, AICP
12428 DE SANKA AVENUE
Page 1 of 6
40
Summary
PROJECT DESCRIPTION: The applicant is requesting Design Review approval to add 530 square
feet to an existing non-conforming single-story 2,766 square foot home. The addition includes a
new 482 square foot second story and an additional 48 square feet on the first story. The two-story
home would be 3,296 square feet in area and 20 feet, six inches in height. The applicant is also
asking an exception to retain an existing non-conforming fence and existing nonconforming
building setbacks.
STAFF RECOMMENDATION: Adopt Resolution No. 14-010 approving the project subject to
conditions of approval.
Approval by the Planning Commission is required for: Design Review pursuant to City Code
Section 15-45.060; a major alteration of a nonconforming structure pursuant to City Code Sections
15-65.050(b) and 15-65.100; and for a fence exception pursuant to City Code Sections 15-29.090.
PROJECT DATA:
Net Site Area: 11,164 sq. ft.
Average Slope: minor slope
General Plan Designation: Medium Density Residential (M-10)
Zoning: Single-Family Residential (R1-10,000)
Proposed City Code Standard
Site Coverage
Residence and Garage:
Driveway
Walkways
2,814 sq. ft.
320 sq. ft.
1,862 sq. ft.
4,996 sq. ft. (45%)
6,698 sq. ft. (60% Maximum)
Floor Area
First Floor:
Second Floor:
Garage:
Total Floor Area
2,434 sq. ft.
482 sq. ft.
380 sq. ft.
3,296 sq. ft.
3,540 sq. ft. Maximum
Height (Residence)
Lowest Elevation Point:
Highest Elevation Point:
Average Elevation Point:
Proposed Topmost Point:
100.05'
100.69’
100.37’
120.86’ (20’6”)
26 feet Maximum
Setbacks
Front (De Sanka):
*Exterior Side (Cherry Ave):
*Interior Side:
Rear:
1st Story
24’10” **
14’3” **
8’1”
44’4”
2nd Story
35’4”
32’3”
15’1”
91’2”
1st Story
25’
15’
7’6”
10’
2nd Story
25’
20’
12’6”
10’
* Nonconforming Lot Width **Legal nonconforming setback (existing)
Application No. PDR13-0029 / FER 14-0002; 12428 DeSanka Avenue / 386-54-046 Page 2 of 6
41
SITE CHARACTERISTICS
Site Description: The 11,164 square foot lot has a nonconforming site width; 75 feet where 85 feet
is the standard for the R1-10,000 zoning district. The existing house is setback 24’10” from De
Sanka Avenue, 14’3” from Cherry Lane, 8’1” from the left side interior lot line, and 44’4” from the
rear. The longer depth of the lot, 149 feet-10 inches where 115 feet is the standard, allows for a
large rear setback to off-set the reduced side setbacks. The existing single-story home is 18’4” in
height.
Project Description: The applicant is requesting Design Review approval to add a 530 square foot
addition to an existing nonconforming single-story 2,766 square foot home. The addition includes a
new 482 square foot second story and an additional 48 square feet on the first story. The two-story
home would be 3,296 square feet in area and 20 feet, six inches in height. The proposed addition
conforms to City Code. However, the applicant is asking to retain the existing nonconforming
setbacks along De Sanka Avenue and Cherry Lane, and the existing non-conforming fence along
Cherry Lane, as described below.
Nonconforming Setbacks: The applicant is asking to retain the existing nonconforming setbacks
along De Sanka Avenue (2” less than required by City Code) and Cherry Lane (7” less required by
City Code). The Planning Commission may approve alteration of a nonconforming structure upon
making certain determinations described in this report. Major Alteration means any work that is
estimated to result in expenditure (cumulatively) of greater than twenty percent and not exceeding
fifty percent of the estimated construction cost of the structure that is the subject of the work. The
proposed addition and remodel will result in expenditure of approximately 39.8% of the estimated
construction cost of the existing structure. Approval of the alteration to the non-conforming
structure is required to approve the project as proposed.
Fence Exception: The applicant is asking to retain the existing non-conforming six foot tall
fence along Cherry Lane. The maximum fence height allowed by code is three feet in the
exterior side setback area of a reversed corner lot, where the side lot line a continuation of the
front lot line of the lot to its rear. The Planning Commission may grant an exception to the City’s
fence standards upon making certain findings described in this report.
Neighbor Notification and Correspondence: The property owner distributed notification forms
to the adjacent neighbors. A Public Notice was also sent to property owners within 500 feet of the
site. Signed forms were received from three of the adjacent neighbors. One neighbor had no
comments. Although no written comments were received on the attached form, the neighbor across
the street, at the corner of Cherry Lane and De Sanka Avenue, spoke with staff on March 18th and
requested that the proposed balcony would be removed. The plans have been revised per this
request. The neighbor to the northeast commented that the second story is too far forward on the lot,
too close to their property, and would take away their view of the mountains to the west. View
impacts would be minimized by placing the second story towards the front of the lot as opposed
to the rear which is adjacent to the neighbor’s rear yard. The proposed second story would be 35
feet 4 inches from the front property line, 15’1” from the northeastern property line,
approximately 36 feet from the neighbor’s first story, and approximately 42 feet from the
neighbor’s second story (as shown on pages A0.6 and A1.0 of the plans).
Application No. PDR13-0029 / FER 14-0002; 12428 DeSanka Avenue / 386-54-046 Page 3 of 6
42
FINDINGS AND DETERMINATIONS
Major Alteration of a Nonconforming Structure:
Pursuant to City Code Section 15-65.050(b), major alteration of a nonconforming structure may be
permitted if the Planning Commission is able to make the following determinations:
(1) The repair and/or alteration will accommodate a conforming use. This determination can
be made because single-family dwellings are a permitted use in the R1-10,000 zoning district.
(2) The repair and/or alteration does not increase the degree of noncompliance, or otherwise
increase the discrepancy between existing conditions and the requirements of this Chapter.
This determination can be made because the proposed addition will conform to city code.
(3) The repair and/or alteration does not effectively extend or perpetuate the useful life of any
particular feature or portion of the structure which is nonconforming. This determination can
be made in the affirmative because, as shown on the floor plan, the project does not include a
remodel of the existing garage or dining room which encroaches two inches into the front
setback and seven inches into the required exterior side setback, respectively.
Fence Exceptions:
The owner(s) of a fence, or proposed fence, including any gates or pilasters attached thereto, may
request that the Planning Commission grant an exception to the regulations regarding fences. The
Planning Commission may grant this exception if all of the following findings are made:
(1) The subject fence will be compatible with other similar structures in the neighborhood. The
project meets this finding because the fence is similar in height and materials to other nearby
fences along Cherry Avenue.
(2) The entirety of the subject fence will be constructed of materials that are of high quality,
exhibit superior craftsmanship, and that are durable. The project meets this finding because the
existing fence is constructed of a durable redwood material in good condition.
(3) The modification will not impair the integrity and character of the neighborhood in which
the fence is located. The project meets this finding because the fence has existed on the property
without any know adverse incidents, and is similar in height and materials to other nearby fences
along Cherry Avenue.
(4) The granting of the exception will not be detrimental or injurious to the property, adjacent
neighbors, or improvements in the general vicinity and district in which the property is
located. The project meets this finding because the fence has existed on the property without any
know adverse incidents. The fence is located along the street side property line of a lot with a
non-conforming lot width. The required 15 foot setback for a fence over three feet in height
would reduce the privacy and useable outdoor space of the applicant’s side yard.
Application No. PDR13-0029 / FER 14-0002; 12428 DeSanka Avenue / 386-54-046 Page 4 of 6
43
(5) The granting of the exception will not create a safety hazard for vehicular, pedestrian or
bicycle traffic and does not obstruct the safe access to and from adjacent properties. The
project meets this finding because the fence is not located within the street or driveway visibility
triangle and does not obstruct safe access to adjacent properties.
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. The new second story windows are offset from the windows of the nearest neighbor to
the northeast. There are no balconies proposed on the second floor. The large rear yard and
minimal second story floor area minimizes impacts to views.
(b) The project preserves the natural landscape. The project meets this finding. The project
requires minimal grading and minimal additional lot coverage because the project consists of
a 48 square foot addition to the ground level and a 482 square foot second story addition. No
trees are proposed for removal.
(c) The project preserves protected, native and heritage trees. The project meets this finding in that
no heritage or native trees are proposed for removal.
(d) The project minimizes the perception of excessive bulk. The project meets this finding in that
the proposed height is five feet below the allowable maximum and the proposed floor area is
240 square feet below the allowable maximum. This second story is in proportion to the first
story and the overall design is well composed on both street facing facades of the corner lot.
(e) The project is of compatible bulk and height. The project meets this finding in that the overall
design is in scale with surrounding residences. The new second story is setback in proportion to
the size of the lot and proximity to neighbors. The new entry is in proportion with the house and
in scale with other homes in the neighborhood.
(f) The project uses current grading and erosion control methods. Site development minimizes
grading. 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 project minimizes the building height (Policy 1, Technique 4), maintains existing trees on
the property (Policy 2, Technique 3), controls views to adjacent properties (Policy 3, Technique
1), locates the structure to minimize view blockage (Policy 3, Technique 1), and locates the
structure to minimize impacts to light, air, and solar access of adjacent homes (Policy 5,
Technique 3).
Application No. PDR13-0029 / FER 14-0002; 12428 DeSanka Avenue / 386-54-046 Page 5 of 6
44
Application No. PDR13-0029 / FER 14-0002; 12428 DeSanka Avenue / 386-54-046 Page 6 of 6
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.
STAFF RECOMMENDATION: Adopt Resolution No. 14-010 approving the project, subject to
conditions of approval.
ATTACHMENTS:
1. Resolution of Approval
2. Neighbor Notification Forms
3. Public Hearing Notice, Mailing Addresses for Project Notification
4. Development Plans (Exhibit "A")
45
RESOLUTION NO: 14-010
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
APPROVING AN APPLICATION FOR DESIGN REVIEW OF
A NEW SECOND-STORY ADDITION, FENCE EXCEPTION, AND EXPANSION OF A
NONCONFORMING STRUCTURE LOCATED AT
12428 DE SANKA AVENUE (386-54-046) SARATOGA CA 95070
WHEREAS, on December 3, 2013, an application was submitted by Ram Moorthy
requesting Design Review approval for a new second story addition on an existing single-story
home. The remodeled two-story home would be 3,296 square feet in area and 20 feet, six inches
in height. The applicant would also retain an existing non-conforming fence and existing
nonconforming building setbacks. The 11,164 square foot nonconforming lot is located in the
R1-10,000 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 March 26, 2014, 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 following Saratoga General Plan Policies;
Conservation Element Goal 2 and Land Use Element Goad 1 which states that the City shall
preserve the City’s existing character which includes small town residential, rural/semi-rural areas
and open spaces areas; Conservation Element Policy 6.0 which provides that the City shall protect
the existing rural atmosphere of Saratoga by carefully considering the visual impact of new
development; and Land Use Element Policy 1.1 that the city shall continue to be predominantly a
community of single-family detached residences.
Section 4: The project is consistent with the Saratoga City Code 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; is of compatible
bulk and height; uses current grading and erosion control methods; and follows appropriate design
policies and techniques.
46
Resolution No. 14-010
Section 5: The project is consistent with the Saratoga City Code fence exception findings in
that the subject fence is compatible with other fences in the neighborhood; the existing fence is
be constructed of durable materials; retention of the existing fence will not impair the integrity
and character of the neighborhood in which the fence is located; the granting of the exception
will not be detrimental or injurious to the property, adjacent neighbors, or improvements in the
general vicinity and district in which the property is located; and retention of the existing fence
will not create a safety hazard for vehicular, pedestrian or bicycle traffic and does not obstruct
the safe access to and from adjacent properties.
Section 6: The project is consistent with the Saratoga City Code in that the alteration will
accommodate a conforming use; the alteration does not increase the degree of noncompliance, or
otherwise increase the discrepancy between existing conditions and the requirements of this
Chapter; and the alteration does not effectively extend or perpetuate the useful life of any particular
feature or portion of the structure which is nonconforming.
Section 7: The City of Saratoga Planning Commission hereby approves PDR13-0029 and
FER 14-0002 located at 12428 De Sanka Avenue subject to the Findings, and Conditions of
Approval attached hereto as Exhibit 1.
PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 26th day of
March 2014 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Joyce Hlava
Chair, Planning Commission
47
Resolution No. 14-010
48
Resolution No. 14-010
Exhibit 1
CONDITIONS OF APPROVAL
PDR13-0029 / FER 14-0002
12428 DE SANKA AVENUE (386-54-046)
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. 14-010
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:
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. The Arborist Report & reference documents printed onto separate construction plan pages.
d. This signed and dated Resolution printed onto separate construction plan pages.
e. The site plan shall contain a note with the following language: “Prior to foundation
inspection by the City, the Licensed Land Surveyor of record shall provide a written
certification that all building setbacks comply with the Approved Plans,” which note shall
represent a condition which must be satisfied to remain in compliance with this Design
Review Approval.
7. Second Story Balcony. There shall be no second story facing Cherry Lane.
8. The owner/applicant shall agree to all conditions required by the Saratoga Building Department.
9. The owner/applicant shall agree to all conditions required by the City Engineer, as applicable.
10. The owner/applicant shall agree to all conditions required by the City Arborist, as applicable,
prior to issuance of building permits.
11. The owner/applicant shall agree to all conditions required by the Santa Clara County Fire
Department, as applicable.
12. The owner/applicant shall agree to all conditions required by the Sewer District, as applicable,
prior to issuance of building permits.
13. THIS CONDITION IS PERMANENT. Statement of Acknowledgment of Legal
Nonconforming Status: The property Owner shall record a Statement of Acknowledgment of
Legal Nonconforming Status, satisfactory to the Community Development Director, specifying
the limits of any expansion and/or intensification of the non-conforming structure.
14. Non-Conforming Structure Limitations. In no event shall the cumulative expenditures for
repairs and/or alterations on any nonconforming structure exceed fifty percent of the
estimated construction cost of the structure prior to such repairs and/or alterations, unless
such structure is changed to a conforming structure or otherwise satisfies the standards set
forth by City Code.
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CITY OF SARATOGA
Community Development Department
13777 Fruitvale Avenue
Saratoga, CA 95070
(408) 868-1222
NOTICE OF MEETING
The City of Saratoga’s Planning Commission announces the following meeting on:
Wednesday, March 26 at 7:00 p.m.
The meeting will be held in the City Hall Theater located at 13777 Fruitvale Avenue. 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.
ADDRESS / APN: 12428 DeSanka Avenue / 386-54-046
APPLICANT: Ram Moorthy
APPLICATION: PDR13-0029 / FER 14-0002 /
PROJECT DESCRIPTION: The applicant is requesting Design Review approval to add a 530
square foot addition to an existing single-story 2,766 square foot home. The addition includes a
new 482 square foot second story and an additional 48 square feet on the first story. The two-
story home would be 3,296 square feet in area and 20 feet, six inches in height. The applicant is
also asking to retain the existing non-conforming 6’ tall fence along Cherry Lane (3’ max is
allowed per City Code). The applicant is also asking to retain the existing 24’10” building
setback along DeSanka Avenue (25’ minimum is required by City Code) and the existing 14’3”
building setback along Cherry Lane (15’ minimum is required by City Code)
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 meeting.
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
#5930 500' OWNERSHIP LISTING Prepared for:
386-54-046 DAVID LI FENG & DAVID LIFENG LIU 12428 DE SANKA AVE SARATOGA CA 95070
386-41-001 JAMES O & MARY L LAMB 20115 SEAGULL WAY SARATOGA CA 95070
386-41-002 ROGER R & BEVERLY G PANTUSO 20135 SEAGULL WAY SARATOGA CA 95070
386-41-003 JOHN M SAMUELSEN 20143 SEAGULL WAY SARATOGA CA 95070
386-41-004 SANTOSH K & VIBHA JHA 20151 SEAGULL WAY SARATOGA CA 95070
386-41-005 JOAN GREENE 27954 EL PORTAL DR HAYWARD CA 94542
386-41-006 KATHRYN E ALEXANDER 12340 GOLETA AVE SARATOGA CA 95070
386-52-004 MARY F BEAM 12335 DE SANKA AVE SARATOGA CA 95070
386-52-005 POOLAVARI & MEENA MURALIDHARAN 20191 SEAGULL WAY SARATOGA CA 95070
386-52-006 HAU-YUNG CHEN 20377 KIRKMONT DR SARATOGA CA 95070
386-52-007 GUOFU & CAI QINGHUA FENG 20225 SEAGULL WAY SARATOGA CA 95070
386-52-008 GUOFU & CAI QINGHUA FENG 20225 SEAGULL WAY SARATOGA CA 95070
386-52-009 STANLEY A & JOY K TANI 12362 TED CT SARATOGA CA 95070
386-52-010 LELAND M & FREDERICA D LONG 12358 TED CT SARATOGA CA 95070
386-52-040 YUEH-JU & CHOU CHING-MEI LEE 20268 SEAGULL WAY SARATOGA CA 95070
386-52-041 MARK B MOONEY 12385 TED AVE SARATOGA CA 95070
386-52-042 BALA & RAO VIJI CHANDER 12401 TED AVE SARATOGA CA 95070
386-52-043 LEE JEE-JEAN LAI 12415 TED AVE SARATOGA CA 95070
386-53-014 ALEX & MARTA KOZERA 20294 ZORKA AVE SARATOGA CA 95070
386-53-015 JIMMY C LI 20282 ZORKA AVE SARATOGA CA 95070
386-53-017 SOUTHERN PACIFIC TRANSPORTATION CO
386-53-018 PACIFIC GAS AND ELECTRIC CO
386-53-020 CHIU YUEH CHEN 12465 TED AVE SARATOGA CA 95070
386-53-027 ROBERT H & GALEB-ROSKOPP LEPA ROSKOPP 12468 TED AVE SARATOGA CA 95070
386-53-028 SLOBODAN GALEB 12340 SARATOGA-SUNNYVALE RD SARATOGA CA 95070
386-54-001 WEI & HE YE ZHAO 12460 TED AVE SARATOGA CA 95070
386-54-002 RAYMOND D SHEETS 12444 TED AVE SARATOGA CA 95070
386-54-003 JEAN BLOMQUIST 12430 TED AVE SARATOGA CA 95070
386-54-004 MARK M & KELLY J CARROLL 12414 TED AVE SARATOGA CA 95070
386-54-005 DAN L & WENDY M NOVAKOVICH 12400 TED AVE SARATOGA CA 95070
386-54-006 YIM / CHOO VOON 12384 TED AVE SARATOGA CA 95070
386-54-007 VIJAY & TIRUVUR ARATHI BALASUBRAMANIAN 20188 SEAGULL WAY SARATOGA CA 95070
386-54-008 SCOTT & TRAN TIPHANIE NGUYEN 12385 DE SANKA AVE SARATOGA CA 95070
386-54-009 ALBERT C & SHIRLEY S FAN 12401 DE SANKA AVE SARATOGA CA 95070
386-54-010 PINDIPROLI TRUST 12415 DE SANKA AVE SARATOGA CA 95070
386-54-011 RANJAN & SUBRAMANIAN LAKSHMI CHOUDHARY 12429 DE SANKA AVE SARATOGA CA 95070
386-54-012 PIYUSH PANDEY 12443 DE SANKA AVE SARATOGA CA 95070
386-54-013 CHARLIE C & CHEN WEI LEE 12455 DE SANKA AVE SARATOGA CA 95070
386-54-014 JENNIFER MENG CHU TSENG 12471 DE SANKA AVE SARATOGA CA 95070
386-54-015 CHARLES P & KAMOLWAN SRETHABHAKTI 12485 DE SANKA AVE SARATOGA CA 95070
386-54-016 DAVID G & SOFILINA WILHITE 12501 DE SANKA AVE SARATOGA CA 95070
386-54-017 WILLIAM R & MARIE M FONG 20199 GUAVA CT SARATOGA CA 95070
386-54-018 ANDREI & LEBEDEVA IRINA SKALDIN 12500 DE SANKA AVE SARATOGA CA 95070
386-54-019 SHANG & ELAINE CHANG 12488 DE SANKA AVE SARATOGA CA 95070
386-54-020 RAJEEV & VIBHA MOHINDRA 12470 DE SANKA AVE SARATOGA CA 95070
386-54-021 RAJA & GUTTA ARUNA ALURI 12454 DE SANKA AVE SARATOGA CA 95070
386-54-022 KUO-NAN & LISA TZEHUI YANG 20200 CHERRY LN SARATOGA CA 95070
386-54-023 MICHAEL GERARD & KONO SAYURI FISHER 20190 CHERRY LN SARATOGA CA 95070
386-54-024 JENG HO 20180 CHERRY LN SARATOGA CA 95070
386-54-025 JESUS CHING 12591 PLYMOUTH DR SARATOGA CA 95070
386-54-026 GORDON A & MELANIE L LEVANDER 20160 CHERRY LN SARATOGA CA 95070
386-54-027 CORY L SCOTT 20150 CHERRY LN SARATOGA CA 95070
386-54-028 PAUL B MATHEWS 20140 CHERRY LN SARATOGA CA 95070
386-54-032 BRUCE E & CONSTANCE L HODGIN 20149 GUAVA CT SARATOGA CA 95070
386-54-033 MICHAEL A & KIM S SILVERMAN 20151 GUAVA CT SARATOGA CA 95070
386-54-034 HILDA PIVK 20163 GUAVA CT SARATOGA CA 95070
386-54-035 JANG TRUST 20175 GUAVA CT SARATOGA CA 95070
386-54-036 BRAMADOR HOLDING CORP 1072 S DE ANZA BLVD #S-498 SAN JOSE CA 95129
386-54-037 WILLIAM R & MARIE M FONG 20199 GUAVA CT SARATOGA CA 95070
386-54-039 MAHESH DANDAPANI & SANDYA IYER 20141 CHERRY LN SARATOGA CA 95070
386-54-040 JASON C & JENNIFER LAM WONG 20151 CHERRY LN SARATOGA CA 95070
386-54-041 WEN C LIOU 19775 OAKHAVEN DR SARATOGA CA 95070
386-54-042 MICHAEL I & SHARRON J GRICHUHIN 20171 CHERRY LN SARATOGA CA 95070
386-54-043 CLYDELL & LETTIE M TUGGLE 20181 CHERRY LN SARATOGA CA 95070
386-54-044 JAY WON CHOI 20191 CHERRY LN SARATOGA CA 95070
386-54-045 PRASHANT & ANSHU BHATNAGAR 20201 CHERRY LN SARATOGA CA 95070
386-54-046 DAVID LI FENG & DAVID LIFENG LIU 12428 DE SANKA AVE SARATOGA CA 95070
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386-54-047 WILLIAM E & PATRICIA J BELOTE 12414 DE SANKA AVE SARATOGA CA 95070
386-54-048 LINDA A TEAGLE 12400 DE SANKA AVE SARATOGA CA 95070
386-54-049 SAYED & KHOSRAVISAID NAZANIN JOVKAR 20180 SEA GULL WAY SARATOGA CA 95070
386-54-050 YUSUF M ATTARWALA 20170 SEAGULL WAY SARATOGA CA 95070
386-54-051 SHOU-JONG & NING HSIAO-HUI SHEIH 20160 SEAGULL WAY SARATOGA CA 95070
386-54-052 AUDREY CHEN 20150 SEAGULL WAY SARATOGA CA 95070
386-54-053 JINGHUAN & KUANG YINGHONG DONG 12909 FOOTHILL LN SARATOGA CA 95070
386-54-054 CHIEN-MEEN & HUANG TZUFANG HWANG 20130 SEAGULL WAY SARATOGA CA 95070
386-54-055 PHYLLIS L CLARK 20120 SEAGULL WAY SARATOGA CA 95070
386-54-056 GORDON S MASON 20110 SEAGULL WAY SARATOGA CA 95070
386-55-001 CUPERTINO UNION S D 10301 Vista Dr Cupertino, CA 95014
386-55-003 JONG RYOEL & MOON-JA YOON KIM 12345 GOLETA AVE SARATOGA CA 95070
386-55-004 YU CHING LEE 12355 GOLETA AVE SARATOGA CA 95070
386-55-005 WESCOAT FAMILY TRT ROBERT G & JACQUELINE T 12365 GOLETA AVE SARATOGA CA 95070
386-55-006 GANESAN & VIJAYARAJENDRAN CHITTHARANJAN 20165 SEAGULL WAY SARATOGA CA 95070
386-55-007 DONALD & NANCY J LORENZEN 12354 DE SANKA AVE SARATOGA CA 95070
386-55-008 YONGLIANG & JI HUAFANG WANG 12318 DE SANKA AVE SARATOGA CA 95070
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REPORT TO
THE PLANNING COMMISSION
Meeting Date: March 26, 2014
Application: Design Review PDR13-0020
Location / APN: 19385 Monte Vista Avenue / 397-10-021
Owner/Applicant: Speno / Anderson Architects
Staff Planner: Cynthia McCormick, Planner, AICP
19385 Monte Vista Avenue
Page 1 of 4
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Summary
PROJECT DESCRIPTION: The applicant is requesting Design Review approval to replace a 4,200
square foot home with a new 6,017 square feet single-story single-family dwelling with a height of
22 feet. The applicant would retain the existing pool and pool shed.
STAFF RECOMMENDATION: Adopt Resolution No. 14-006 approving the project subject to
conditions of approval.
Design review approval by the Planning Commission is required pursuant to City Code Section
15-45.060.
PROJECT DATA:
Net Site Area: 44,299 sq. ft.
Average Slope: 4.1%
General Plan Designation: Very Low Density Residential (RVLD)
Zoning: Single-Family Residential (R1-40,000)
Proposed Allowed/Required
Site Coverage
Residence and Garage:
Driveway
Swimming Pool
Walkway & Patio
Existing Cabana:
6,442.3 sq. ft.
3,657.8 sq. ft.
721.7 sq. ft.
1,197 sq. ft.
178.6 sq. ft.
12,197.4 sq. ft. (27.5%)
15,504 sq. ft. (35% Maximum)
Floor Area
Residence:
Garage:
Attic:
Covered Porch:
Total Floor Area
4,058 sq. ft.
1,057 sq. ft.
159 sq. ft.
743 sq. ft.
6,017 sq. ft.
6,080 sq. ft. Maximum
Height (Residence)
Lowest Elevation Point:
Highest Elevation Point:
Average Elevation Point:
Proposed Topmost Point:
96.9'
100.0’
98.45’
120.45’ (22’)
26 feet Maximum
Setbacks
Front (Monte Vista):
Exterior Side (Valle Vista):
Interior Side:
Rear:
1st Story
35’
29’5”
20’8”
n/a
1st Story
35’
25’
20’
n/a
Note:
Building line
setbacks per
tract map
Application No. PDR 13-0020; 19385 Monte Vista Ave /397-10-027 Page 2 of 4
79
SITE CHARACTERISTICS
Site Description: The 44,299 square foot lot is located in the R1-40,000 zoning district and a
neighborhood with similar sized single-story and two-story homes.
Setbacks: In accordance with Montecito Heights subdivision tract map, the building setbacks for
this property are 35 feet from Monte Vista Avenue and 25 feet from Valle Vista Drive. The interior
lot line was not specified on the tract map. City code requires a 20 foot interior setback on corner
lots in the R1-40,000 zoning district. Due to the shape of the lot, there is no rear lot line on this
property.
Project Description: The 6,079 square foot single-story home and garage has been designed in a
traditional style with tan colored hardiboard lap siding and white trim. The project will retain an
existing pool and pool shed. The existing shed is approximately 13 feet from the Monte Vista
exterior side property line and is adequately screened by existing landscaping. The shed would be
repaired with materials that would match the proposed home in color and style. City Code allows
sheds up to 10 feet in height within eight feet of the side or rear property line. The lot does not have
a rear property line. The resolution includes a condition that the remodeled pool shed shall be no
more than 10 feet in height.
Detail Colors and Materials
Exterior Tan colored Hardiboard lap siding
Window White colored vinyl
Columns White colored square wood columns with stone veneer trim
Garage Door White colored metal
Entry Door White colored wood door
Roof Brown colored Composition shingles
CalGreen Standards: The project meets the minimum CalGreen standards (see plan page A4.0).
Neighbor Notification and Correspondence: The property owner distributed notification forms
to the adjacent neighbors. A Public Notice was also sent to property owners within 500 feet of the
site. Five forms were received by staff without comment.
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. The single-story home is located in the center of a large lot, thereby minimizing view
impacts. The proposed home would be located approximately 150 feet away from the nearest
residence, thereby minimizing privacy impacts.
Application No. PDR 13-0020; 19385 Monte Vista Ave /397-10-027 Page 3 of 4
80
Application No. PDR 13-0020; 19385 Monte Vista Ave /397-10-027 Page 4 of 4
(b) The project preserves the natural landscape. The project meets this finding. The project
requires minimal grading and retains a large area of open space. No trees are requested for
removal to construct the project. If findings are made that meet the criteria for removal, tree(s) may
be approved for removal and replacement during construction. A tree security deposit and tree
protective fencing is required for the project.
(c) The project preserves protected, native and heritage trees. The project meets this finding in that
no heritage or native trees are proposed for removal.
(d) The project minimizes the perception of excessive bulk. The project meets this finding. The
single-story home has been designed with simple roof forms and well-proportioned massing.
The project minimizes the use of colors and materials.
(e) The project is of compatible bulk and height. The project meets this finding. The proposed
height is four feet below the allowable maximum. The proposed bulk and height is in scale with
surrounding residences.
(f) The project uses current grading and erosion control methods. Site development minimizes
grading. 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 project minimizes the building height (Policy 1, Technique 4), maintains existing mature
trees on the property (Policy 2, Technique 3), controls views to adjacent properties (Policy 3,
Technique 1), locates the structure to minimize view blockage (Policy 3, Technique 1), and
locates the structure to minimize impacts to light, air, and solar access of 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.
STAFF RECOMMENDATION: Adopt Resolution No. 14-006 approving the project, subject to
conditions of approval.
ATTACHMENTS:
1. Resolution of Approval
2. Neighbor Notification Forms
3. Public Hearing Notice, Mailing Addresses for Project Notification
4. Development Plans (Exhibit "A")
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RESOLUTION NO: 14-006
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
APPROVING AN APPLICATION FOR DESIGN REVIEW OF
A NEW SINGLE-STORY SINGLE-FAMILY DWELLING LOCATED AT
19385 MONTE VISTA AVENUE (397-10-021) SARATOGA CA 95070
WHEREAS, on September 9, 2013, an application was submitted by Anderson
Architects on behalf of Nick and Diane Speno requesting Design Review approval for a new
single-story single-family dwelling. The new home would be 6,017 square feet in area and 22
feet in height and will replace an existing 4,200 square foot home. The project would retain an
existing pool shed. The 44,299 square foot lot is located in the R1-40,000 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 March 26, 2014, 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 following Saratoga General Plan Policies;
Conservation Element Goal 2 and Land Use Element Goad 1 which states that the City shall
preserve the City’s existing character which includes small town residential, rural/semi-rural areas
and open spaces areas; Conservation Element Policy 6.0 which provides that the City shall protect
the existing rural atmosphere of Saratoga by carefully considering the visual impact of new
development; and Land Use Element Policy 1.1 that the city shall continue to be predominantly a
community of single-family detached residences.
Section 4: The project is consistent with the Saratoga City Code 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; is of compatible
bulk and height; uses current grading and erosion control methods; and follows appropriate design
policies and techniques.
82
Resolution No. 14-006
Section 5: The City of Saratoga Planning Commission hereby approves PDR13-0020
located at 19385 Monte Vista Avenue subject to the Findings, and Conditions of Approval attached
hereto as Exhibit 1.
PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 26th day of
March 2014 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Joyce Hlava
Chair, Planning Commission
83
Resolution No. 14-006
Exhibit 1
CONDITIONS OF APPROVAL
PDR13-0020
19385 MONTE VISTA AVENUE (397-10-027)
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.
84
Resolution No. 14-006
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. The Arborist Report and reference documents printed onto separate construction plan
pages.
d. This signed and dated Resolution printed onto separate construction plan pages.
e. The site plan shall contain a note with the following language: “Prior to foundation
inspection by the City, the Licensed Land Surveyor of record shall provide a written
certification that all building setbacks comply with the Approved Plans,” which note shall
represent a condition which must be satisfied to remain in compliance with this Design
Review Approval.
7. Pool Shed. The pool shed shall be no more than 10 feet in height or shall be moved out of the
required setback area.
8. The owner/applicant shall agree to all conditions required by the Saratoga Building Department.
9. The owner/applicant shall agree to all conditions required by the City Engineer, as applicable.
10. The owner/applicant shall agree to all conditions required by the City Arborist, as applicable,
prior to issuance of building permits.
11. The owner/applicant shall agree to all conditions required by the Santa Clara County Fire
Department, as applicable.
12. 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 MEETING
The City of Saratoga’s Planning Commission announces the following meeting on:
Wednesday, March 12 2014 at 7:00 p.m.
The meeting will be held in the City Hall Theater located at 13777 Fruitvale Avenue. 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.
ADDRESS / APN: 19385 Monte Vista Ave in Saratoga, CA 95070 / 397-10-027
OWNER/APPLICANT: Speno / Anderson Architects
APPLICATION: PDR13-0020
PROJECT DESCRIPTION: The applicant is requesting Design Review approval for a new
single-story single-family dwelling. The new home would be 6,079 square feet in area and 22
feet in height. The applicant would retain the existing pool and non-conforming pool shed.
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 meeting.
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
#5844 500' OWNERSHIP LISTING
397-10-005 GIOVANNI P & JULIA B GIANNELLA
397-10-006 AIRAN S & NETTA LANDAU
397-10-007 MIKE & AMIRI MARJON MASOUMI
397-10-008 DAS FAMILY TR
397-10-009 CHIEN-FENG KENNETH & JUI-HUAN HEDDY CHENG
397-10-010 ALI T & PANTEA B FAR
397-10-011 MAJID L & SEPIDEH RIAZIAT
397-10-012 ING-SHENG & FRANCIS CHIEN
397-10-013 JANET EASLEY
397-10-014 KEITH L & CYNTHIA A MERRILL
397-10-015 JAMES J OBOT
397-10-016 MICHAEL H YU
397-10-017 PI-YU HUANG
397-10-018 PAUL J DORSA
397-10-019 FRED E DUBOIS
397-10-020 SUJITH K ARRAMREDDY
397-10-021 JOSEPH P MELEHAN
397-10-022 HANNAH S COMISKEY
397-10-023 SRIRAM RAMAMURTHY
397-10-024 JAMES P & JENNIFER K CARRIGAN
397-10-025 CHANDRA S & REKHA JOSHI
397-10-026 NICHOLAS M & SUEANNE GERA
397-10-027 NICHOLAS A & DIANE M SPENO
397-10-028 JO ANN J & JEROME F O CONNELL
397-10-029 VENKATESH HARINARAYAN
397-10-030 MICHAEL A KLAYKO
397-10-033 VENKATESH & NEELAKANTAN SUDHA HARINARAYA
397-10-034 HUGH F & ROWENA R LENNON
397-11-013 LEWIS S & VICKIE A EPSTEIN
397-11-014 DANIEL Z & CHEYENNE B NEUKOMM
397-11-017 KIRK A OWYANG
397-11-018 JERRY R & SARAH I DITTO
397-11-022 ERIC G & LESLIE V MILLER
397-11-023 ANTHONY J & LAUREL B PERUSA
397-11-024 TONY YUAN
397-11-048 RAJEEV BHARADHWAJ
397-11-049 ROBERT C HANSEN
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Owner Address Owner City, State Zip
Prepared for: 19385 Monte Vista, Saratoga CA 95070
19401 SARATOGA-LOS GATOS RD SARATOGA CA 95070
19431 SARATOGA-LOS GATOS RD SARATOGA CA 95070
19467 SARATOGA-LOS GATOS RD SARATOGA CA 95070
19491 SARATOGA-LOS GATOS RD SARATOGA CA 95070
15288 FRUITVALE AVE SARATOGA CA 95070
21451 ARROWHEAD LN SARATOGA CA 95070
15200 FRUITVALE AVE SARATOGA CA 95070
15160 FRUITVALE AVE SARATOGA CA 95070
15130 FRUITVALE AVE SARATOGA CA 95070
PO BOX 2794 SARATOGA CA 95070
19311 VALLE VISTA DR SARATOGA CA 95070
19396 MONTE VISTA DR SARATOGA CA 95070
19388 MONTE VISTA DR SARATOGA CA 95070
140 W MAIN ST LOS GATOS CA 95030
19360 MONTE VISTA DR SARATOGA CA 95070
19358 MONTE VISTA DR SARATOGA CA 95070
2465 DE LA CRUZ BLVD SANTA CLARA CA 95050
P.O. BOX 2026 SARATOGA CA 95070
19298 MONTE VISTA DR SARATOGA CA 95070
19311 MONTE VISTA DR SARATOGA CA 95070
19327 MONTE VISTA DR SARATOGA CA 95070
19341 MONTE VISTA DR SARATOGA CA 95070
1142 S WINCHESTER BLVD SAN JOSE CA 95128
19360 VALLE VISTA DR SARATOGA CA 95070
15205 VIA COLINA DR SARATOGA CA 95070
15175 VIA COLINA DR SARATOGA CA 95070
15205 VIA COLINA DR SARATOGA CA 95070
PO BOX 3315 SARATOGA CA 95070
19410 VALLE VISTA DR SARATOGA CA 95070
19361 VALLE VISTA DR SARATOGA CA 95070
15070 ORIOLE RD SARATOGA CA 95070
15050 ORIOLE RD SARATOGA CA 95070
15055 ORIOLE RD SARATOGA CA 95070
15085 ORIOLE RD SARATOGA CA 95070
19430 VALLE VISTA DR SARATOGA CA 95070
19371 VALLE VISTA DR SARATOGA CA 95070
19391 VALLE VISTA DR SARATOGA CA 95070
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