HomeMy WebLinkAbout09-10-14 Planning Commission Agenda PacketTable of Contents
Agenda 3
August 13, 2014
Draft Minutes 5
Application APPC14-0001; 21818 Via Regina (503-69-012);
Downs and Hsiao – The appellants are appealing ADR12-0032,
which is an addition of 2,262 sq. ft. to the 1st and 2nd story of a
two-story residence that includes additions to both floors and a
wood deck along the eastern side of the residence as well as
various landscaping and drainage improvements along the
southern portion of the residence located at 21818 Via Regina.
Staff Contact: Michael Fossati (408) 868-1212.
Staff Report 8
Att 1 Reso 14
Att 2 Neighbor Letters 19
Att 3 Answer Letter 66
Att 4 ADR Approval 69
Att 5 Appeal Application 74
Att 6 Fire Comments 80
Att 7 DR Submittal 82
Att 8 Slope Calculations Spreadsheet 89
Att 9 Geo Clearance 90
Att 10 Response Letter to Appeal 92
Att 11 Response from Appellant 96
Att 12 Full Plan 111
Application PDR14-0011,ARB14-0002, 12666 Paseo Flores
(386-12-037), George Kuen-Yuan Chiou and Andrew Mo - The
applicant requests Design Review approval to construct an
approximately 3,539 square foot, 22 feet tall, one-story single-
family dwelling located at 12666 Paseo Flores. The project
would also include the removal of two trees including a 35”
walnut tree and a 41” pepper tree. The net site area is 11,840
square feet and is zoned R-1-00,000. Staff Contact: Christopher
Riordan (408)868-1235
Staff Report 125
Attachment 1 - Resolution 130
Attachment 2 - Arborist Report 134
Attachment 3 - Neighbor Notification Forms 143
Attachment 4 - CalGreen Checklist 147
Attachment 5 - Public Hearing Notice 155
Attachment 6 - Development Plans 156
1
Application PDR 14-0018; Brookwood Lane (vacant) / 503-23-
028; Anisha Gupta / Seema Mittal - The applicant is proposing a
new home on an 18,290 square foot vacant lot. The new two-
story home will be 4,779 square feet in area and 25 feet-six
inches in height. The application includes a secondary dwelling
unit enclosed within the primary dwelling unit. The project
qualifies for the city’s 10% floor area bonus and waiver of an
enclosed garage space because the second dwelling unit will be
deed restricted so that it may only be rented to below market
rate households. Six protected trees meet the criteria for
removal. Staff Contact: Cynthia McCormick (408) 868-1230.
Brookwood Staff Report 162
Attachment 1 - PC Resolution Brookwood 167
Notice 171
Neighbor Notification Forms 172
Plans 176
Application ZOA14-0002; Citywide Zoning Amendment (Article
15-47) Water Efficient Landscaping; City of Saratoga; The City
has drafted a new Water Efficient Landscaping Ordinance
(Article 15-47) that would replace the State Model Water
Efficient Landscape Ordinance (MWELO) adopted by the City in
2010. The purpose of the Ordinance is to reduce water waste in
landscaping by promoting the use of region-appropriate plants
that require minimal supplemental irrigation, and by establishing
standards for irrigation efficiency. The Ordinance will allow
property owners to choose a simplified plant restriction in lieu of
the more cumbersome MWELO water allowance calculations.
Staff Contact: Cynthia McCormick (408) 868-1230.
Staff Report 195
Attachment 1 - Resolution for Approval 197
Attachment 2 - Draft Worksheet 199
Attachment 3 - Draft Landscape and Irrigation Plan
Requirements 201
Draft Ordinance - Article 15-47 205
Application ZOA14-0003, City of Saratoga - Annual Code
Update. Staff Contact: Christopher Riordan (408) 868-1235
Staff Report 212
Attachment 1 - Resolution 216
Attachment 1A - Zoning Text 218
Application ELN14-0004; 20595 Debbie Lane (503-54-028); Oh
– The applicant is requesting the addition of approximately 743
sq. ft. to an existing legal non-conforming structure. Staff
Contact: Michael Fossati (408) 868-1212.
Staff Memo 233
Att 1 Resolution 235
Att 2 Plan Set 239
2
AGENDA
REGULAR MEETING
SARATOGA PLANNING COMMISSION
Wednesday, September 10, 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 August 13, 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 APPC14-0001; 21818 Via Regina (503-69-012); Downs and Hsiao – The appellants are
appealing ADR12-0032, which is an addition of 2,262 sq. ft. to the 1st and 2nd story of a two-story
residence that includes additions to both floors and a wood deck along the eastern side of the residence as
well as various landscaping and drainage improvements along the southern portion of the residence located
at 21818 Via Regina. Staff Contact: Michael Fossati (408) 868-1212.
Recommended action:
Adopt Resolution No. 14-040 upholding staff’s approval of the project subject to conditions of approval.
2. Application PDR14-0011,ARB14-0002, 12666 Paseo Flores (386-12-037), George Kuen-Yuan Chiou and
Andrew Mo - The applicant requests Design Review approval to construct an approximately 3,539 square
foot, 22 feet tall, one-story single-family dwelling located at 12666 Paseo Flores. The project would also
include the removal of two trees including a 35” walnut tree and a 41” pepper tree. The net site area is
11,840 square feet and is zoned R-1-00,000. Staff Contact: Christopher Riordan (408)868-1235
Recommended action:
Adopt Resolution No. 14-037 approving Design Review PDR14-0011 and ARB14-0002 subject to
conditions of approval
3
3. Application PDR 14-0018; Brookwood Lane (vacant) / 503-23-028; Anisha Gupta / Seema Mittal - The
applicant is proposing a new home on an 18,290 square foot vacant lot. The new two-story home will be
4,779 square feet in area and 25 feet-six inches in height. The application includes a secondary dwelling
unit enclosed within the primary dwelling unit. The project qualifies for the city’s 10% floor area bonus
and waiver of an enclosed garage space because the second dwelling unit will be deed restricted so that it
may only be rented to below market rate households. Six protected trees meet the criteria for removal. Staff
Contact: Cynthia McCormick (408) 868-1230.
Recommended action:
Adopt Resolution No. 14-038 approving the project subject to conditions of approval.
4. Application ZOA14-0002; Citywide Zoning Amendment (Article 15-47) Water Efficient Landscaping;
City of Saratoga; The City has drafted a new Water Efficient Landscaping Ordinance (Article 15-47) that
would replace the State Model Water Efficient Landscape Ordinance (MWELO) adopted by the City in
2010. The purpose of the Ordinance is to reduce water waste in landscaping by promoting the use of
region-appropriate plants that require minimal supplemental irrigation, and by establishing standards for
irrigation efficiency. The Ordinance will allow property owners to choose a simplified plant restriction in
lieu of the more cumbersome MWELO water allowance calculations. Staff Contact: Cynthia McCormick
(408) 868-1230.
Recommended action:
Staff recommends that the Planning Commission adopt Resolution No. 14-0036 recommending the City
Council adopt the revised Ordinance (Article 15-47)
5. Application ZOA14-0003, City of Saratoga - Annual Code Update. Staff Contact: Christopher Riordan
(408) 868-1235
Recommended action:
Recommend the Planning Commission approve the attached resolution recommending that the City
Council adopt an ordinance which includes various amendments to Chapter 15 (Zoning) of the Saratoga
City Code.
NEW BUSINESS
1. Application ELN14-0004; 20595 Debbie Lane (503-54-028); Oh – The applicant is requesting the addition
of approximately 743 sq. ft. to an existing legal non-conforming structure. Staff Contact: Michael Fossati
(408)868-1212.
Recommended action: Adopt Resolution No. 14-039 approving the major alteration subject to conditions of approval.
PLANNING STAFF//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 September 4, 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
4
ACTION MINUTES
REGULAR MEETING
SARATOGA PLANNING COMMISSION
Wednesday, August 13, 2014
REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777
FRUITVALE AVENUE
ROLL CALL
PRESENT Commissioners Leonard Almalech, Wendy Chang, Kookie Fitzsimmons, Pragati
Grover, Dede Smullen, Tina Walia, Chair Mary-Lynne Bernald
ABSENT None
ALSO PRESENT Christopher Riordan, Senior Planner
Michael Fossati, Planner
Cynthia McCormick, Planner
APPROVAL OF MINUTES
Approve Action Minutes from the Regular Planning Commission Meeting of July 23, 2014.
Action:
GROVER/ALMALECH MOVED TO APPROVE THE JULY 23, 2014 MINUTES. MOTION
PASSED. AYES: ALMALECH, BERNALD, CHANG, FITZSIMMONS, GROVER, SMULLEN,
WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE.
PUBLIC HEARINGS
1. Application PDR14-0020; 14471 Big Basin Way (503-24-067); Roger Roach on behalf of Verizon
Wireless. The applicant is proposing to remove and replace three existing wireless antennas with
three new dual band LTW/AWS antennas (one per sector), install three RRUs (one per sector),
and install hybrid cables. Staff Contact: Cynthia McCormick (408) 868-1230.
Action:
GROVER/FITZSIMMONS MOVED TO ADOPT RESOLUTION NO. 14-032 SUBJECT TO
CONDITIONS OF APPROVAL. MOTION PASSED. AYES: ALMALECH, BERNALD,
CHANG, FITZSIMMONS, GROVER, SMULLEN, WALIA. NOES: NONE. ABSENT: NONE.
ABSTAIN: NONE.
2. Application ADR14-0021 & CUP14-0002; 20201 La Paloma Avenue (397-24-049); Caldwell /
Paim - The applicant requests Conditional Use Permit (CUP) and Administrative Design Review
(ADR) approval to remove an existing detached two-story accessory structure in order to construct
a new detached 1,072 sq. ft. one-story accessory structure within the required rear setback. The
maximum height of the new accessory structure will be no higher than 10 ft. No protected trees
are required for removal. Staff Contact: Michael Fossati (408) 868-1212.
Action:
CHANG/FITZSIMMONS MOVED TO ADOPT RESOLUTION NO. 14-035 WITH
CHANGES TO THE CONDITIONS OF APPROVAL:
Removed the words “has a” on page 1, section 4, line 2 of the resolution
5
MOTION PASSED. AYES: ALMALECH, BERNALD, CHANG, FITZSIMMONS, GROVER,
SMULLEN, WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE.
3. Application ZOA 14-0001; 20400 Saratoga-Los Gatos Road / 517-10-015, 517-10-009, 517-10-
034; Our Lady of Fatima Villa. The applicant is requesting approval of a Zoning Amendment to
add a Planned-Combined District (P-C) zoning overlay to three adjoining parcels with an
underlying residential zoning designation of R1-10,000. The parcels have been occupied by
institutional uses since at least 1951 before the city was incorporated. The current assisted living
facility and associated uses received conditional use permit approval in 2000. The applicant is
proposing to add 11 new parking spaces by increasing the impervious parking area by
approximately 2,312 square feet. Staff Contact: Cynthia McCormick (408) 868-1230.
Action:
ALMALECH/GROVER MOVED TO ADOPT RESOLUTION NO. 14-031
RECOMMENDING THE CITY COUNCIL APPROVE THE ZONING AMENDMENT
SUBJECT TO CONDITIONS OF APPROVAL. MOTION PASSED. AYES: ALMALECH,
BERNALD, CHANG, FITZSIMMONS, GROVER, SMULLEN, WALIA. NOES: NONE.
ABSENT: NONE. ABSTAIN: NONE.
4. Application PDR14-0012; 18844 Dundee Avenue / 389-17-049; Deepak Sharma and Ana Stefan /
Michelle Minor Design. The applicant is proposing a new 2-story home and basement. The
proposed height is approximately 26 feet. The total floor area including the existing garage is
3,197 square feet. The project replaces an existing 1,125 square foot home, while retaining the 434
square foot attached garage. Staff Contact: Cynthia McCormick (408) 868-1230.
Action:
GROVER/CHANG MOVED TO CONTINUE THIS ITEM TO SEPTEMBER 24, 2014
MEETING. MOTION PASSED. AYES: ALMALECH, BERNALD, CHANG,
FITZSIMMONS, GROVER, SMULLEN, WALIA. NOES: NONE. ABSENT: NONE.
ABSTAIN: NONE.
5. Applications PDR14-0009 & ARB13-0077; 14584 Horseshoe Drive (Parcel B) (397-20-104);
Ravi Ramachandran (Applicant) - The applicant is proposing a new 2-story single-family home on
a vacant lot. The proposed height is approximately 26 feet. The total floor area including garage is
4,517 square feet. The project includes the proposed removal of 11 protected trees. Staff Contact:
Christopher Riordan
(408) 868-1235.
Action:
SMULLEN/WALIA MOVED TO ADOPT RESOLUTION NO. 14-033 WITH CHANGES TO
THE CONDITIONS OF APPROVAL:
Additional Conditions:
8. To verify the condition of the Horseshoe Court road surface prior to commencement of
construction, the applicant shall photograph the entire length of Horseshoe Court from its
intersection with Horseshoe Drive and along the entire frontage of the subject property. The
applicant shall submit a copy of the photographs to the Community Development Department
prior to issuance of a building permit. The Community Development Department shall refer to the
photographs to determine the extent of any construction damage to Horseshoe Court as a result of
construction activity and shall require the applicant to make any repairs prior to building permit
final.
9. During construction staging activities all construction vehicles shall be parked on-site or on
Horseshoe Drive.
6
10. The driveway entrance from Horseshoe Court shall be relocated to the northwest side of the
drainage culvert.
11. The applicant shall review the project with the San Jose Water Company prior to and during
construction to reduce the likelihood that construction activities will adversely affect water
pressure to neighboring homes.
MOTION PASSED. AYES: ALMALECH, BERNALD, CHANG, FITZSIMMONS,
GROVER, SMULLEN, WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE.
6. Application VAR14-0003 and MOD14-0003; 18590 Avon Lane (410-40-016) John Livingstone
(Applicant) on behalf of Yeoun Jin Kim (Owner) – The applicant requests Variance approval from
the regulations contained in the City Code regarding Secondary Dwelling Units to reduce the
minimum net lot size required for a secondary dwelling unit in the R-1-40,000 zoning district. The
applicant is also requesting Design Review Approval for modifications to previously approved
plans. The net lot size is approximately 36,465 square feet and the site is zoned R-1-40,000. Staff
Contact: Christopher Riordan (408) 868-1235.
Action:
ALMALECH/CHANG MOVED TO ADOPT RESOLUTION NO. 14-034 SUBJECT TO
CONDITIONS OF APPROVAL. MOTION PASSED. AYES: ALMALECH, BERNALD,
CHANG, FITZSIMMONS, GROVER, SMULLEN, WALIA. NOES: NONE. ABSENT:
NONE. ABSTAIN: NONE.
PLANNING STAFF/COMMISSION COMMUNICATION
ADJOURNMENT
7
REPORT TO
THE PLANNING COMMISSION
Meeting Date: September 10, 2014
Application: APPC14-0001
Location / APN: 21818 Via Regina / 503-69-012
Owner/Applicant: Max Keyashian / Edick Lazari
Staff Planner: Michael Fossati
21818 Via Regina
SITE
8
APPC14-0001
21818 Via Regina
Page 2 of 6
Summary
PROJECT DESCRIPTION:
An application appealing ADR13-0032 for a 2,262 square foot addition to an existing two-story
residence located at 21818 Via Regina. The project also includes the construction of a wood deck
along the eastern side of the residence and various landscaping and drainage improvements along
the southern side of the residence.
STAFF RECOMMENDATION: Adopt Resolution No. 14-040 upholding staff’s approval of the
project subject to conditions of approval.
Approval by the Planning Commission is required pursuant to City Code Sections 15-90.020.
PROJECT DATA:
Net Site Area: 54,014 sq. ft.
General Plan Designation: Hillside Conservation Single-Family (RHC)
Zoning: Hillside Residential (HR)
Proposed Allowed
Site Coverage
Building Footprint
(N) Paving for Driveway
(E) Driveway
Stairs
Patio
Deck/Landing
Sheds
Landings
(Gravel) Parking Area
Total Site Coverage
3,730 sq. ft.
3,153 sq. ft.
1,340 sq. ft.
480 sq. ft.
444 sq. ft.
1,210 sq. ft.
880 sq. ft.
165 sq. ft.
1,060 sq. ft.
12,462 sq. ft. (23%)
13,503 sq. ft.
(25%)
Floor Area
First Floor
Second Floor
Garage
Covered Porch
Total Floor Area
1,965 sq. ft.
3,134 sq. ft.
508 sq. ft.
90 sq. ft.
5,698 sq. ft.
5,844 sq. ft.
Height
21.1’ ft.
26 ft.
9
APPC14-0001
21818 Via Regina
Page 3 of 6
Setbacks
Front:
Left Side:
Right Side:
Rear:
235’
20’
92’
157’ 1”
30’
20’
20’
50’
PROJECT DESCRIPTION AND SITE CHARACTERISTICS
Project Description: On September 26, 2013, the applicant submitted an application for
Administrative Design Review for a major remodel and addition of 2,262 sq. ft. to the first and
second floors of a two-story residence located at 21818 Via Regina. The proposal also included the
construction of a wooden deck to the eastern side of the residence and various landscaping and
drainage improvements. Improvements include grading and the installation of gravel to create a
parking area along the southern portion of the property. The proposed parking area is located
adjacent to an existing access easement owned by the applicant.
During staffs review of the project, neighboring property owners asserted that the applicant’s access
easement was not a legal means of access to the subject property. Staff met with both the applicant
and neighboring property owners on several occasions to discuss the access easement. It was
determined that the applicant had provided the City with enough documentation including legal
descriptions, title insurance, and documents from a Licensed Land Surveyor, that demonstrated the
legal right to use the easement.
Once the project was deemed complete, the City sent neighbor notifications informing property
owners within 250 feet that the City had the intention to approve the project. The City received
three letters regarding the project from neighboring property owners, included as Attachment 2.
Two of these letters recommend the City deny the project based on concerns focusing on the
legality of the access easement. The third letter commented on the project, but did not recommend
denial. In response, the applicant provided a letter addressing the concerns of the neighboring
property owners which has been included as Attachment 3.
The project was granted approval by staff on July 31, 2014 (Attachment 4). Two of the three
neighbors have appealed the project (Attachment 5). A summary of their concerns and staff
comments are as follows:
Comment #1 - Double Frontage lot should not be allowed
Response – The lot is an existing double frontage lot. The City doesn’t have the authority to deny
the double frontage lot because it is already exists. Furthermore, the section of city code the
appellant is referring to (City Code Section 14-25.120(b)) is not applicable because the project is a
design review application, not a subdivision.
Comment #2 – The width of the road is inconsistent with Fire Department standards.
10
APPC14-0001
21818 Via Regina
Page 4 of 6
Response - The Santa Clara County Fire Department (SCCFD) reviewed the project on October 10,
2013. Their review did not include a requirement that the existing road be widened for Fire
Department access. The development review comments received by SCCFD are limited to
requiring fire sprinklers, sufficient water supply for such sprinklers, premises identification and
complying with construction site fire safety standards.
Comment #3 – The applicant does not have a maintenance agreement with neighboring property
owners.
Response - Maintenance agreements between neighboring property owners are not reviewed by the
City. Staff cannot control or condition a property owner from entering into a maintenance
agreement for an existing access easement which already provides legal access.
Comment #4 – The applicant did not submit information required by the City. The information
that was not submitted was the contour lengths used to verify the average slope of the site.
Response – To assist applicants in the design review process, the City provides a checklist titled
“City of Saratoga Community Development Department, Requirements for Design Review
Applications.” (Attachment 7). This is the document the appellant is referring to.
The City Code does not require every document that is stated on the checklist, unless the item is
needed. The checklist is used as a summary document to guide the applicant in the process. The
information the appellant is referring too has been submitted by the applicant (Attachment 8).
Furthermore, the appellant states that in the letter “this is public information because it is a matter of
public safety”. In order to handle the issue with public safety, including instability areas, the
applicant has received Geotechnical Clearance from the City Geologist which has been included as
Attachment 9.
Comment #5 – The road is unnecessary since the applicant already has a means of access to the
property.
Response - Staff does not consider the necessity of road access during the review of a design review
application. As previously stated, the applicant has provided staff with sufficient evidence that they
have legal right to use the existing access easement along the southern portion of their property.
Additional details of the neighbors’ concerns are located in the appeal application. Staff has
reviewed the neighbors’ concerns discussed by the appealing party. Those issues are not
associated with the findings needed to approve a project for Design Review. The applicant has
also provided a letter in rebuttal of the application for appeal (Attachment 10)
The appellant has also provided a response to the rebuttal submitted by the applicant
(Attachment 11).
FINDINGS AND DETERMINATIONS
Pursuant to City Code Section 15-45.080, the following findings must be made.
11
APPC14-0001
21818 Via Regina
Page 5 of 6
a) Site development follows the natural contours of the site, minimizes grading, and is
appropriate given the property’s natural constraints. The project meets this finding because the
majority of the addition will occur within the existing underfloor areas, which allows the applicant
to maximize floor area while respecting the natural constraints of the site.
b) All protected trees shall be preserved, as provided in Article 15-50 (Tree Regulations). If
constraints existing on the property, the number of protected trees, heritage trees, and native
trees approved for removal shall be reduced to an absolute minimum. Removal of any
smaller oak trees deemed to be in good health by the City Arborist shall be minimized using
the criteria set forth in Section 15-50.080. The project meets this finding because the majority of
the new residence is within the existing building footprint, which has limited the amount of trees
required for removal. Two protected trees are proposed for removal and received the proper
clearance by the City Arborist to be removed. Neither of those trees was native.
c) The height of the structure, its location on the site, and its architectural elements are designed
to avoid unreasonable impacts to the privacy of adjoining properties and to community
viewsheds. The project meets this finding because the height of the residence will not increase,
which could potentially impact privacy. Rather, the majority of addition is on the lower area of the
existing structure.
d) The overall mass and the height of the structure, and its architectural elements are in scale
with the structure itself and with the neighborhood. The project meets this finding because the
total mass and height of the proposed project is similar to the size of residences in the immediate
area (with similar size lots). The addition will not be increasing the height of the residence. The
mass of the project will be broken up by architectural features such as new windows, a redesigned
entry, and guard rails around the new decking.
e) The landscape design minimizes hardscape in the front setback area and contains elements
that are complementary to the neighborhood streetscape. The project meets this finding
because the amount of site coverage being proposed is substantially below the amount allowed.
Furthermore, instead of using a concrete or a cement parking area on the lower portion of the site,
the applicant is proposing a gravel pad. The former horse corral will remain unpaved and continue
the rural environment associated with the Via Regina properties.
f) Development of the site does not unreasonably impair the ability of adjoining properties to
utilize solar energy. The project meets this finding because the height of the existing residence is
not increasing. Furthermore, the proposed addition to the structure follows the existing lower grade
of the site which will not impair the ability of adjacent properties to utilize solar energy.
g) The design of the structure and the site development plan is consistent with the Residential
Design Handbook, pursuant to Section 15-45.055. The project meets this finding because the
project has incorporated design techniques which includes - designing the development to follow
the natural contours of the site to minimize grading and is appropriate given the property’s natural
constraints, designing a garage that is in scale with the structure, incorporated roof and eave lines
that are in scale with the neighborhood, and minimizing excessive use of colors and materials.
12
APPC14-0001
21818 Via Regina
Page 6 of 6
h) On hillside lots, the location and the design of the structure avoid unreasonable impacts to
ridgelines, significant hillside features, community viewsheds, and is in compliance with
Section 15-13.100. The project meets this finding because location of the structure is not on a
ridgeline or significant hillside feature. Furthermore, it will not unreasonably impact a community
viewshed.
Environmental Determination: The project is categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New
Construction or Conversion of Small Structures”, of the Public Resources Code (CEQA). This
exemption allows for the construction of up to three single-family residences and no exception to
that exemption applies.
ATTACHMENTS:
1. Resolution of Approval
2. Neighbor Comment Letters for ADR
3. Applicant Response Letter for ADR
4. ADR approval -21818 Via Regina
5. Appeal Application
6. Fire Comments – 21818 Via Regina
7. Design Review Checklist – City of Saratoga
8. Slope Calculations – 21818 Via Regina
9. Geotechnical Clearance – 21818 Via Regina
10. Response from Applicant of Appeal
11. Response from Appellant regarding Applicant’s response
12. Plans (Exhibit "A")
13
RESOLUTION NO. 14-040
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
DENYING APPLICATION NO. APPC14-0001 APPROVING ADR13-0032
ALLOWING AN ADDITION OF 2,262 SQ. FT. TO THE 1ST AND 2ND FLOOR
OF A TWO-STORY RESIDENCE THAT INCLUDES VARIOUS LANDSCAPING
AND DRAINAGE IMPROVEMENTS
21818 VIA REGINA / 503-69-012
WHEREAS, on September 26, 2013 an application was submitted by Edick Lazari and
Max Keyashian requesting Design Review approval for a 2,262 sq. ft. first and second floor
addition to an existing two-story residence that includes a wood deck along the eastern side of
the residence as well as various landscaping and drainage improvements along the southern
portion of the residence. The height of the main residence would be no taller than 23 feet, as
measured from average grade. The property is located within the Hillside-Residential Zoning
District. The foregoing work is described as the “Project” in this Resolution; and
WHEREAS, on July 31, 2014, the Community Development Department of the City of
Saratoga approved ADR13-0032, approving the project; and
WHEREAS, on August 14, 2014, the staff approval of application ADR13-0032 was
appealed by two adjacent neighboring property owners; and
WHEREAS, on September 10, 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 residences and LU
1.2 to continue to review all residential development proposals to ensure consistency with Land
Use Element goals and Policies.
Section 4: The project is consistent with the Saratoga City Code in that the design and
improvements are consistent with the design review findings in that the project follows the
14
Resolution No. 14-040 Page 2
natural contours of the site, minimizes grading, and is appropriate given the property's natural
constraints; all protected trees shall be preserved, as provided in Article 15-50 (Tree
Regulations). If constraints exist on the property, the number of protected trees, heritage trees,
and native trees approved for removal shall be reduced to an absolute minimum. Removal of any
smaller oak trees deemed to be in good health by the City Arborist shall be minimized using the
criteria set forth in Section 15-50.080; the height of the structure, its location on the site, and its
architectural elements are designed to avoid unreasonable impacts to the privacy of adjoining
properties and to community viewsheds; the overall mass and the height of the structure, and its
architectural elements are in scale with the structure itself and with the neighborhood; the
landscape design minimizes hardscape in the front setback area and contains elements that are
complementary to the neighborhood streetscape; development of the site does not unreasonably
impair the ability of adjoining properties to utilize solar energy; the design of the structure and
the site development plan is consistent with the Residential Design Handbook, pursuant to
Section 15-45.055.
Section 5: The project is consistent with the Saratoga City Code in that the removal of
two protected trees meets the criteria established in Section 15-50.080(a).
Section 6: The City of Saratoga Planning Commission hereby denies APPC14-000001
and approves ADR13-0032, located at 21818 Via Regina, 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 10th day of
September 2014 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Mary-Lynne Bernald
Chair, Planning Commission
15
Resolution No. 14-040 Page 3
EXHIBIT 1
CONDITIONS OF APPROVAL
ADR13-0032
21818 VIA REGINA / 503-69-012
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 approved
by the Community Development Department. 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.
16
Resolution No. 14-040 Page 4
5. Compliance with Plans. The development shall be located and constructed to include those
features, and only those features, as shown on the Approved Plans denominated Exhibit "A"
and as conditioned below. All proposed changes to the Approved Plans must be submitted in
writing with plans showing the changes, including a clouded set of plans highlighting the
changes. Such changes shall be subject to approval in accordance with City Code.
6. Fencing. All fencing shall be in compliance with City Code Article 15-29.
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. 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. City Arborist Reports, dated May 8, 2014, and all other future updated reports onto
separate construction plan pages;
d. Geotechnical Clearance Conditions dated February 14, 2014 onto separate plan pages
e. This signed and dated Resolution printed onto separate construction plan pages.
f. The site plan shall contain the following notes:
• “Disposition and treatment of stormwater will comply with the National
Pollution Discharge Elimination System ("NPDES") Standards and
implementation standards established by the Santa Clara Valley Urban Runoff
Pollution Prevention Program”
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.
10. The Project Geotechnical Consultant should review and approve all geotechnical aspects of
the development plans (i.e., site preparation and grading, site drainage improvements, and
design parameters for foundations and retaining walls) to ensure that their recommendations
have been properly incorporated. Results of the Geotechnical Plan Review should be
submitted to the City for review by the City Engineer prior to issuance of building permits.
11. The Project Geotechnical Engineer shall inspect, test (as needed), and approve all
geotechnical aspects of the project construction. The inspections shall include, but not
necessarily be limited to: site preparation and grading, site surface and subsurface drainage
improvements, and excavations for retaining walls prior to the placement of steel and
concrete. The consultant shall inspect final installed site drainage improvements for
conformance with geotechnical recommendations. The results of these inspections and the
17
Resolution No. 14-040 Page 5
as-built conditions of the project shall be described by the Project Geotechnical Engineer in a
letter and submitted to the City Engineer for review prior to final (as-built) project approval.
12. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical
Consultant’s review of the project prior to Zone Clearance.
13. The owner (applicant) shall enter into agreement holding the City of Saratoga harmless from
any claims or liabilities caused by or arising out of soil or slope instability, slides, slope
failure or other soil related and/or erosion related conditions.
18
Letter #119
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
1
Michael Fossati
From:bob@downs.com <bob.downs@gmail.com>
Sent:Wednesday, July 16, 2014 8:02 AM
To:Michael Fossati
Subject:Re: Project ADR14-0002
Hello Michael,
I read Mr Keyashian's response about an easement to use our road to reach his property and I don't believe he
has a legal right to it. He hasn't used or needed this access in the past and doesn't need it now. He already has a
legal driveway. My wife and I don't want more traffic on that road and especially don't want construction trucks
using it. Please reject his request to use this road to access his property.
Thank you,
Bob Downs
On Fri, Jun 27, 2014 at 11:16 AM, Michael Fossati <mfossati@saratoga.ca.us> wrote:
Ok – thanks Bob,
We’ll be in touch,
Michael
From: bob@downs.com [mailto:bob.downs@gmail.com]
Sent: Friday, June 27, 2014 11:16 AM
To: Michael Fossati
Subject: Re: Project ADR14-0002
That's correct.
Bob Downs
On Fri, Jun 27, 2014 at 10:16 AM, Michael Fossati <mfossati@saratoga.ca.us> wrote:
Hi Bob – I think what I need from you now is clarity of your concern.
Letter #2
61
2
Just to make sure I’m clear for the record, it’s your belief that the property owner (Max Keyashian) at 21818 Via Regina
does not have access through your property, also known as 21786 Via Regina (APN 503‐69‐012).
Please respond and thank you,
Michael Fossati
Planner
City of Saratoga
__________________________
13777 Fruitvale Avenue
Saratoga, CA 95070
408.868.1212 (phone)
mfossati@saratoga.ca.us (email)
From: bob@downs.com [mailto:bob.downs@gmail.com]
Sent: Friday, June 27, 2014 10:05 AM
To: Michael Fossati
Subject: Re: Project ADR14-0002
If you need any more info from me re the access road I can bring it by. I'll be out of town until July 7.
Bob Downs
On Thu, Jun 19, 2014 at 5:29 PM, Michael Fossati <mfossati@saratoga.ca.us> wrote:
Hi Bob – Thanks for the info. I’ll make sure to review it and get back to you. Have a good weekend.
62
3
Best,
Michael
From: bob@downs.com [mailto:bob.downs@gmail.com]
Sent: Thursday, June 19, 2014 5:06 PM
To: Michael Fossati
Subject: Project ADR14-0002
Hello Michael-
I was glad to talk to you and Mr. Lindsey on Tuesday.
As we discussed I am providing a copy of the deed to my property at 21786 Via Regina, showing that we own
the 15' wide strip of land all the way from Via Regina to Norm Koepernick's lot (21810 Via Regina). I'm
attaching two documents. One is a scan of the deed that gives the survey measurements. The second scan has
two pages, one showing just the survey measurements where I have outlined the piece in question. The Via
Regina end of the piece is
N 51-38-10' W for 19.46'.
This boundary is at an angle to the actual street which is 15' wide. The additional segments of the boundary are
187.09' + 78.81' + 98.92' + 36.08' = 400.9', which is the length of the road from Via Regina to the Koepernick
lot.
The second scan also includes the stamp from the county clerk-recorder's office. I can bring this document in to
your office next week, along with the Westfall Engineering drawing which shows the boundaries clearly.
I have other deeds for the other properties and, as far as I can tell, there is no easement to use this strip of land,
other than for Robert Hsiao's property (21800 Via Regina).
Bob
63
Letter #3
64
65
July 7, 2014
Michael Fossati
City Of Saratoga
13777 Fruitvale Ave.
Saratoga, CA 95070
Subject: Application ADR14-0002; Answers to the Neighbor’s Comments
Dear Michael,
With this letter I am responding to the comments from the neighbors, Robert Hsiao at 21800 Via Regina,
parcel 10, Bob Downs at 21786 Via Regina, parcel 7, and Norman Koepernik at 21810 Via Regina, parcel
8, regarding my project at 21818 Via Regina.
Parcel 10:
Concern #1: Error in the width of the road has already been corrected to reflect 30’.
Concern #2: The 30’ road has been used for more than 50 years and it is my only access to the horse
arena and lower part of my property. I have no choice other than to use this road for any alteration to
my existing home including the proposed project because there is no alternative access for the
equipment to reach to the lower part of my property either for foundation, grading, landscaping or any
other improvements as needed.
Santa Clara County Fire Department contacted me to use my property including the paved entrance area
at the end of the lower road for a full-scale exercise and I gladly gave them permission to do so. The
event was scheduled and took place for three days on June 2, 3 and 4, 2014. Several fire trucks were
involved and many firefighters were used for this full-scale exercise right on my property to put out fake
fires as a training for the new recruits with no issues. A copy of the Fire Department letter dated May 15,
2014 is attached for your reference.
Concern #3: Please see the attached Westfall Engineers surveyor, Harry Babicka’s letter dated July 3,
2014 confirming that I have two separate 15’ wide easements, a total of 30’ wide, for Ingress and egress
from the lower road. Mr. Hsiao’s attorney claims the south 15’ had previously been deeded to
McLaughlin in 1956 by Evans, therefore, Evans cannot give this easement to Koepernik in 1960.
Referring to McLaughlin deed, Exhibit H of Mr. Hsiao’s attorney letter, it clearly states that Evans had
reservation for this 15’ wide strip of land;
“Reserving from the parcel of land firstly hereinabove described, a non-exclusive right of way for
ingress and egress and for the installation and maintenance of public utilities over, along and
under a strip of land 15 feet in width lying Southeasterly of and adjacent to the Northwesterly
lines thereof.”
66
Using his reservation, Evans has given the easement to Koepernik in 1960 and now to me.
Concern #4: My project has been reviewed by all required engineers including the applicable geologist
and all concerns have been cleared. Routine maintenance and minor landscaping were done around my
property before but it never reached or exceeded 2’ cut. Grading and landscaping will be done when the
project is reviewed and approved by the City.
Parcel 7:
Please see Concern #3 under Parcel 10.
Parcel 8:
Concern #1 and Suggestion #2 – Proper drainage is my priority as well and I don’t want to have any
problems for the neighbors or myself. Westfall Engineers have carefully studied my project and provided
solutions for proper water drainage. I have forwarded Mr. Koepernik’s suggestions to Westfall for
further consideration as appropriate. Civil engineering work for the installation of sewer line for the
entire Via Regina road was done by Westfall Engineers and as I recall Mr. Koepernik has high respect for
their judgment as we do.
Suggestion #3 – The stairs to the paved area is for my family to walk out on foot and has nothing to do
with parking a car in the turnaround area that might cause a problem for Mr. Koepernik.
I am hoping this letter clears the misunderstandings among the neighbors.
Thank you,
_________________________________________
Max and Fereshteh Keyashian
21818 Via Regina
Cell Phone: 408-306-6719
67
68
NOTICE OF APPROVAL
Via E-mail
To: Edick Lazari
6154 Royal Acorn Place
San Jose, CA 95120
From: Michael Fossati, Planner
Date: 7/31/14
Subject: Application No. ADR13-0032; Administrative Design Review
21818 Via Regina, Saratoga, CA
Your application for the addition of 2,262 sq. ft. to the 1st and 2nd floor of a two-story
residence that includes additions to both floors and adding a wooden deck to the eastern side
of the residence as well as various landscaping and drainage improvements along the
southern portion of the residence located at 21818 Via Regina (APN 503-69-012) has been
approved subject to a 15-day appeal period (which starts from the date of this approval
letter) and the following findings have been made:
FINDINGS
ENVIRONMENTAL DETERMINATION
The proposed 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. The project site is in an urbanized area and is connected
to utility and roadway infrastructure and consists of remodeling and adding to one single-family
residence.
DESIGN REVIEW FINDINGS
The following findings have been made per City Code Section 15-45.080.
Community Development Department
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
69
a) Site development follows the natural contours of the site, minimizes grading, and
is appropriate given the property’s natural constraints. The project meets this
finding because the majority of addition will occur within existing underfloor areas,
which allows the applicant to maximize floor area while respecting the natural
constraints of the site.
b) All protected trees shall be preserved, as provided in Article 15-50 (Tree
Regulations). If constraints existing on the property, the number of protected
trees, heritage trees, and native trees approved for removal shall be reduced to
an absolute minimum. Removal of any smaller oak trees deemed to be in good
health by the City Arborist shall be minimized using the criteria set forth in
Section 15-50.080. The project meets this finding because the majority of the new
residence is within the existing building footprint, which has limited the amount of
trees required for removal. Two protected trees are proposed for removal and
received the proper clearance by the City Arborist to be removed. Neither of those
trees was native.
c) The height of the structure, its location on the site, and its architectural elements
are designed to avoid unreasonable impacts to the privacy of adjoining
properties and to community viewsheds. The project meets this finding because the
height of the residence will not increase, which could potentially impact privacy.
Rather, the majority of addition is on the bottom area of the existing structure.
d) The overall mass and the height of the structure, and its architectural elements
are in scale with the structure itself and with the neighborhood. The project
meets this finding because the total mass and height of the proposed project is similar
to size of residences in the immediate area (with similar size lots). The addition will
not be increasing the height of the residence. The mass of the project will be broken
up by architectural features such as new windows, a redesigned entry, and guard rails
around the new decking.
e) The landscape design minimizes hardscape in the front setback area and
contains elements that are complementary to the neighborhood streetscape. The
project meets this finding because the amount of site coverage being proposed is
substantially below the amount allowed. Furthermore, instead of using a concrete or
a cement parking area on the lower portion of the site, the applicant is proposing a
gravel pad. The former horse corral will remain unpaved and continue the rural
environment associated with the Via Regina properties.
f) Development of the site does not unreasonably impair the ability of adjoining
properties to utilize solar energy. The project meets this finding because height of
the existing residence is not increasing. Furthermore, the proposed addition to the
structure follows the existing lower grade of the site. which will not impair the ability
of adjacent properties to utilize solar energy.
70
g) The design of the structure and the site development plan is consistent with the
Residential Design Handbook, pursuant to Section 15-45.055. The project meets
this finding because the project has incorporated design techniques, such as, proposed
development that will follow the natural contours of the site to minimize grading and
is appropriate given the property’s natural constraints, designed a garage that is in
scale with the structure, incorporated roof and eave lines that are in scale with the
neighborhood, and have minimized excessive use of colors and materials.
h) On hillside lots, the location and the design of the structure avoid unreasonable
impacts to ridgelines, significant hillside features, community viewsheds, and is
in compliance with Section 15-13.100. The project meets this finding because
location of the structure is not on a ridgeline or significant hillside feature.
Furthermore, it will not unreasonably impact a community viewshed.
Thus the above analysis concludes that the findings required for granting administrative design
review approval can be met. The proposed application was properly noticed and circulated to
property owners within 250-feet of the subject site. The review period for their comments ended
July 2, 2014.
Staff has received comments from five neighboring property owners regarding the project.
These comments were related to questions regarding gate placement, septic to sewer
connections, fire access, vehicle access and drainage issues. With the exception of issues
related to drainage and fire access, all of the additional comments are not related to the design
review process.
The applicant has provided a preliminary grading and drainage plan demonstrating that
stormwater will either remain on site or be directed to appropriate drainage facilities to address
the drainage concerns. The fire department has reviewed the project and provided development
review comments that are limited to requiring fire sprinklers, sufficient water supply for such
sprinklers, premises identification and complying with construction site fire safety standards. All
other concerns have been addressed by the applicant in the form of letter provided by the
applicant (see attached).
The project is subject to the following conditions:
PERMANENT CONDITONS OF APPROVAL
There are no permanent conditions of approval for this project.
CURRENT DEVELOPMENT PROPOSAL CONDITIONS
1. All Applicable Requirements. All applicable requirements of the State, County, City and
other Governmental entities must be met.
71
2. Hold Harmless Agreement. Applicant agrees to hold City Harmless from all costs and
expenses, including attorney’s fees, incurred by the City or held to be the liability of City in
connection with City’s defense of its action with respect to the applicant’s project.
Planning and Building Department
3. Appeal and Effective Date. Unless appealed pursuant to the requirements of City Code
Section 15-90, this Approval shall become effective fifteen (15) days from the date of this
Notice of Approval.
4. Expiration. A Building Permit must be issued and construction commenced within thirty-six
(36) months from the date of adoption of this Notice of Approval or approval will expire.
5. Conformance to Plans. The project shall be constructed as shown on Exhibit A of the
Administrative Design Review application. Any proposed changes, including but not limited
to façade design and materials to the approved plans shall be submitted in writing with a
clouded set of plans highlighting the changes. Proposed changes to the approved plans are
subject to the approval of the Community Development Director. Staff will not approve
downgrading of the exterior from what is shown on the approved plans. Any exterior
changes to approved plans may require filing an additional application and fees as a
modification to approved plans.
6. Building Division Submittal. Four (4) sets of complete construction plans shall be submitted
to the Building Division. These plans shall be subject to staff review prior to issuance of Zone
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” in the planning department file; and
b. Drawings/reports/materials required by the Building Department; and
c. This Notice of Approval printed onto separate plan pages; and
d. Arborist Report, dated May 8, 2014 printed onto a separate plan page; and
e. Conditions for Geotechnical Clearance, dated February 14, 2014 printed onto a
separate plan page
f. A utility plan that shows location of air conditioning units; and
g. A drainage (and grading if applicable) plan(s) combined with a storm water retention
plan indicating how all storm water will be retained on-site, to the extent feasible, and
incorporating the New Development and Construction – Best Management Practices.
An explanatory note shall be provided if all storm water cannot be maintained on site;
and
72
7. Fences, Walls and Hedges. All fences, walls and hedges shall conform to height requirements
provided in City Code Section 15-29.
8. Fire Department Requirements. Owner/applicant shall comply with all Fire Department
requirements.
9. Noise and Construction Hours. In order to comply with standards that minimize impacts to
the neighborhood during site preparation and construction, the applicant shall comply with City
Code Sections 7-30.060 and 16-75.050, with respect to noise, construction hours, maintenance
of the construction site and other requirements stated in these sections.
10. Encroachment Permit. Applicant (owner) shall obtain an encroachment permit for any and
all improvement in any City right-of-way or City easement prior to commencement of the
work to implement this Administrative Design Review.
****************** END OF CONDITIONS OF APPROVAL ******************
73
74
75
76
77
78
79
80
81
CITY OF SARATOGA COMMUNITY DEVELOPMENT DEPARTMENT
REQUIREMENTS FOR DESIGN REVIEW APPLICATIONS (updated February 2014)
It is essential that all applicable items below are submitted with the application to avoid delays.
You will receive comments within 30 days of your submission following review by the City Planning
and Public Works Departments, County Fire Department, & applicable Sewer District.
If not complete, the application could be delayed up to an additional 30 days from re-submission.
Please check off each item and include this coversheet with your application.
Development Application Form ▄ Five (5) Sets of 24” X 36” Drawings:
Cover Sheet
Site Plan
Floor Plans
Elevations
Roof Plan
Cross Sections
Landscape/Irrigation Plan
Grading Plan
Deposit Agreement Form
Letter Of Authorization
Current Title Report
Neighbor Review Forms
Green Building Design Checklist
C3 Storm Water Requirements
Materials And Color Board
Photos of Existing House
Electronic Copy Of Plans (PDF)
Where applicable:
Arborist Review (fees and deposit form)
Geotechnical Review (fees and deposit form)
Boundary Survey and/or Topographic Survey
Water Efficient Landscape Documents
YES NO Code Reference
1. Does the project include a basement? (see 15-06.090) □ □ 15-80.035
2. Does the site have a slope greater than 10%? □ □ 15-45.030
3. Does the project include 5,000+ SF of water resources? □ □ See Planner
4. Does the project add or replace 2,500+ SF impervious surface? □ □ See Planner
5. Is the site located in an HR district with 1000+ CY cut and fill? □ □ 15-13.050
6. Does the site include any water district easements? □ □ 15-06.620
7. Does the site include any right-of-way/street easements? □ □ 15-06.620
8. Is the site located within 50ft of a protected creek? □ □ 15-45.045
9. Is the site located in a designated hazardous fire area? □ □ See Building
10. Is the property on the Heritage Inventory? □ □ List online
11. Is the project located in the Saratoga Woods subdivision? □ □ 15-10.010
12. Is the project located in the Parker Ranch subdivision? □ □ Check CC&R
If you check yes, please refer to the Code
Signature ______________________________________________ Date __________________
Please note that additional information may be required pursuant to City Code 15-45.070 1
82
I. DEVELOPMENT APPLICATION FORM – Complete with signature
II. FEES - see current fee schedule. Include two additional checks: $100 to “SCC Fire Department”
and $150 (administrative review) or $175 (Planning Commission Review) to “Advanced Listings”.
III. DEPOSIT AGREEMENT FORM – Required for Arborist Review or Geotechnical Review
IV. LETTER OF AUTHORIZATION - from owner if an agent is to act on behalf of owner
V. CURRENT PRELIMINARY TITLE REPORT – Note: A Deed of Trust is not acceptable
VI. NEIGHBOR REVIEW REQUIREMENT - Provide written documentation that all of the adjacent
property owners have reviewed the plans and had an opportunity to comment. Include all
comments with your submittal. A template is attached for your convenience.
VII. DESIGN REVIEW FINDINGS - Explain how the proposal meets each of the design review findings in
City Code Section 15-45.080. See the Residential Design Handbook for more info.
VIII. GREEN BUILDING DESIGN CHECKLIST – Electronic copy available on city website under “forms”
IX. STORM WATER C3 DATA FORM – Electronic copy available on city website under “forms”
X. ELECTRONIC COPY OF PLANS – Please submit an electronic copy of plans in PDF format
XI. MATERIALS AND COLOR BOARD Submit an 8.5” x 11” sheet showing the exterior color palette
• Include paint chips of exterior colors and trim. Color copies are not an adequate substitute
• Provide manufacturer images of proposed garage doors, front door, roofing, and windows
- The images should accurately represent the color and style of materials listed above
XII. PHOTO BOARD - Submit an 8.5” x 11” photo board showing all sides of existing structures
XIII. STORY POLES: Once the Planner has found your application complete, Story Poles are required for
ALL design review projects. Notice will not be given until the story poles are installed and inspected
by the Planner at least three business days prior to the noticing. Story poles shall not be removed
until the effective date of approval (end of the appeal period/final decision).
XIV. FOUR (4) 24” x 36” PLAN SETS, PLUS 1 SET FOR ARBORIST, 2 SETS FOR GEOTECHNICAL REVIEW
(see next page for description)
1. COVER SHEET
2. SITE PLAN
3. FLOOR PLAN
4. STREETSCAPE
5. ELEVATIONS
6. ROOF PLAN
7. CROSS SECTIONS
8. LANDSCAPE / IRRIGATION PLAN
9. GRADING AND DRAINAGE PLAN
XV. ADDITIONAL REQUIREMENTS – See page 6 for details
10. ARBORIST REVIEW required when the project encroaches upon the dripline/canopy of, or when
the project requires the removal of one or more protected trees)
11. BOUNDARY SURVEY required when project is within 2 feet of a required setback
12. TOPOGRAPHIC SURVEY required when project is within 1 foot of max height, or if slope =/>8%
13. GEOTECHNICAL REVIEW as defined in City Code 15-06.325 or as required by City Engineer
14. WATER EFFICIENT LANDSCAPE DOCUMENTS required if water resources exceed 5,000 SF
15. STORMWATER REQUIREMENTS required if impervious surfaces exceed 2,500 SF
16. WILDLAND-URBAN INTERFACE (WUI) FIRE CONFORMANCE CHECKLIST
17. PLANNING COMMISSION REQUIREMENTS - for Planning Commission Review projects
18. CC&R’s / HOA: Please consult HOA and review your CC&R’s; obtain appropriate approval
Please note that additional information may be required pursuant to City Code 15-45.070 2
83
REQUIREMENT DETAILS
1. COVER SHEET – Include all of the following information (regardless of duplication elsewhere)
a. Plan Preparer’s Name, Address and Telephone Number
b. Date of drawing and subsequent revisions
c. Directional Arrow and Scale (all pages)
d. Project Description – include number of trees to be removed
e. Assessor’s Parcel Number
f. Address of Project
g. Owner’s Name
h. Existing Use
i. Zoning District
j. Gross and Net Lot Size (defined in City Code 15-06.620) otherwise, indicate if gross = net
k. Age of Home and any other structures being remodeled or removed
l. Slope at Building’s Edge
m. Average Slope of Entire Site (or indicate that the site is level)
Show the following calculation with data from a
topographic survey:
n. Allowable Floor Area – with reductions for slope as specified in City Code 15-45.030
o. Floor Area Table of all Existing and Proposed Structures that are enclosed on three or more
sides and a solid roof. Please Include a Floor Area Block Diagram of calculated floor area.
p. Impervious Coverage Table with breakdown of site coverage (example below).
SITE COVERAGE Existing Proposed Total SF
%
Footprint of Home
Driveway (impervious)
Walkways / Decks (impervious)
*Other
*Other
(a) SUBTOTAL IMPERVIOUS =
**Pervious Materials (actual) +
(50%) -
(b) SUBTOTAL PERVIOUS =
(a)+(b) = TOTAL SF =
* Please call out ‘other’ line items (e.g., pool, shed, gazebo, 2nd dwelling, pool house, etc.)
** Must provide documentation showing permeability to qualify for 50% credit
FLOOR AREA Existing Proposed Total SF
First Floor
Second Floor
Garage
Enclosed Porch
Other (e.g., Shed)
TOTAL
where:
S = % average slope
I = contour interval (intervals < 5 feet)
L = aggregate contour lengths in scale feet
A = net site area expressed in acres
1000 500
Proposed Addition
400
350
S = .00229(I)(L)
A
Please note that additional information may be required pursuant to City Code 15-45.070 3
84
q. Height Information Table that includes the following (example below):
HEIGHT
Lowest elevation point at the buildings edge from natural grade
Highest elevation point at the buildings edge from natural grade
Average elevation point (based on highest and lowest points above)
Top most elevation point - measured from average point (above) to the top
most point of the roof. Include separate calculation for chimney, etc.
r. Setback Table of required and proposed setbacks (example below).
SETBACKS Required Proposed
Front
Left Side First Floor
Left Side Second Floor
Right Side First Floor
Right Side Second Floor
Rear First Floor
Rear Second Floor
2. SITE PLAN / DEMOLITION PLAN – The Site Plan shall include all of the following information:
a. Demolition Plan - Please show all structures, fences, surfaces, etc. to be removed.
b. Vicinity Map – Show major streets, neighborhood orientation, and relative project location.
c. Adjacent Streets - Show existing and proposed streets adjacent to the property.
d. Adjacent Land Uses - Indicate adjacent land uses.
e. Adjacent Residential Structures - Show the building outline of all adjacent residential
structures and include the location of neighbor’s windows on the first and second stories.
f. Trees – Identify common name, size (dbh), and accurate dripline/canopy of all existing trees
on the property. Include trees on adjacent properties whose canopies encroach upon the
subject property. Show location of trees that provide screening between adjacent properties.
g. Tree Removal and Protection Measures (if applicable) – Indicate all trees proposed for
removal or relocation. Please callout all City Arborist Report recommendations, including tree
protective fencing on the plan.
h. Property Lines / Setbacks – Show all property lines. Illustrate all required setbacks with a
dashed line. Show distances between existing and proposed structures to property lines.
Setbacks are measured from the exterior wall, not the foundation.
i. Structures/Hardscape – show all existing and proposed structures and hardscape (home,
garage, sheds, pools, driveways, walkways, pavers, decks, patios, etc.)
j. Fencing/Walls – show the location, height and materials of all existing and proposed walls,
fences, gates, and pilasters, including those to be removed or replaced.
k. Trash – show location of garbage, including any screening, walls, or structures
l. HVAC/ Generator – Show location (not allowed in any setback).
m. Solar Panels – Show location of solar panels. Include on elevations if roof mounted.
n. Back Flow Preventer and/or Fire Department Connections – Show location and provide a
detail drawing of the dimensions included width and height.
o. Setback Verification Note – “Prior to foundation inspection by the City, the LLS of record shall
provide a written certification that all building setbacks are per the approved plans.”
p. Stormwater Retention Note – ““Disposition and treatment of stormwater will comply with the
National Pollution Discharge Elimination System ("NPDES") Standards and implementation
standards established by the Santa Clara Valley Urban Runoff Pollution Prevention Program”
Please note that additional information may be required pursuant to City Code 15-45.070 4
85
3. FLOOR PLANS/ BLOCK DIAGRAM – The floor plan shall include all of the following information:
a. Include a floor plan for each floor/story/level (e.g., 1st floor, 2nd floor, garage, attic, cellar,
basement, accessory structures, etc.). Show dimensions measured from the outer walls.
b. Show type of all fireplaces
c. Include dimensions of outer walls and the area square footage for each floor plan. Floor area
includes any space within three or more sides and a solid roof. Furthermore, any space with
an interior floor to ceiling height of 15 feet or greater shall be double counted in area.
d. Include a separate block diagram showing which areas are included in total floor area.
e. Include a second block diagram of the existing footprint of the home (dashed line) and the
proposed footprint of the home (solid line). If the lines overlap, please make this apparent.
4. STREETSCAPE - Please include an accurately scaled streetscape showing the height and mass of
the proposed home and the homes to the left and right. Show scaled setback between properties
5. BUILDING ELEVATIONS – include the following information:
a. Elevation drawings for each side of the structure - show direction (north/west/east/south)
b. Two lines parallel; 18 feet above average grade & 26 feet above average grade
c. Call out facade colors and materials, including siding, roof, windows, doors, and trimwork
d. Please call out exterior door materials (e.g., wood, glass, fiberglass, etc.). Note any doors
that will have glass windows, glass side-lites, and/or glass panels.
e. Please call out the size of all exterior windows.
f. Include a small-scale roof plan beneath each elevation with an arrow indicating plan view.
g. Please illustrate finished and natural grade, elevation at the buildings edge, and the elevation
point at the highest point of the roof. Include the average elevation used to measure height.
h. Please provide a separate page with elevation details of all proposed accessory structures
(e.g., gazebos, fences, pool, etc.) with callouts for materials.
6. ROOF PLAN - Provide a separate roof plan that articulates all roofline intersections.
7. CROSS SECTIONS – Include a minimum of two cross sections that include the following:
a. Clearly indicate the highest point(s) of the structure and interior room heights.
b. Show both natural and finished grades.
c. For basements, show the vertical distance from lowest grade to the finished floor above.
Indicate where such vertical distance is equal to forty-two inches.
d. Hillside lots: show where at least 80% of the basement is below the forty-two inch limit.
e. Include a section through any slope over 8% under the footprint of all buildings/structures.
8. LANDSCAPE / IRRIGATION PLAN – yes, it is required:
a. Identify the common name, size, and accurate dripline/canopy of all proposed and existing
(to remain) trees. Show all proposed and existing (to remain) shrubs, flowers, etc.
b. Show all existing and proposed hardscape (including both pervious and impervious surfaces)
c. Include the percentage of hardscape in the front setback area
d. Show all existing and proposed fencing, walls, retaining walls, etc.
e. Show exterior walls for all structures.
f. Please callout all City Arborist Report recommendations on the plan, if applicable.
g. Please note that installation of front and side yard landscaping is required for final approval.
9. GRADING AND DRAINAGE PLANS – yes, it is required:
a. Stamped and signed by a Registered Civil Engineer
b. Show direction, path of drainage channels or facilities and all necessary trenching for utilities.
c. Indicate building pad and finished elevations, retaining walls (showing height and materials),
and existing and proposed contours.
d. State maximum depth and volumes of cut and fill.
e. Include a stormwater retention plan indicating how all stormwater will remain on site. Please
be sure to incorporate Best Management Practices.
Please note that additional information may be required pursuant to City Code 15-45.070 5
86
ADDITIONAL REQUIREMENTS (as applicable)
Additional items may be required depending on project scope
10. ARBORIST REPORT – If required, the entire Report shall be incorporated into the plan set.
11. GEOTECHNICAL CLEARANCE – see City Code 15-06.325 or as required by City Engineer
12. BOUNDARY SURVEY – Yes, it is required for any new construction with two feet of a required
setback. The 24” x 36” survey must be labeled “Boundary Survey” and stamped and signed by a
licensed land surveyor or registered civil engineer qualified to do property line surveys. Such surveys
shall verify the location of all structures, all existing property lines, easements, rights-of-way, trails,
public utilities, utility poles, and all protected trees including location of tree trunks and an accurate
depiction of tree canopies/drip line.
13. TOPOGRAPHIC SURVEY Yes, it is required for lots with a slope greater than 8% or when the
project is within one (1) foot of the maximum allowable height threshold for Design Review). The
topographic survey must include: existing and proposed topography at contour intervals of not more
than 5 feet; provide spot elevations for existing grade and existing ridgelines of structures; include an
elevation benchmark (such as a street utility box cover); show faults, watercourses, existing and
proposed culverts, flood zones and slide areas; include significant topographic features within 100 feet
of the property; and identify the designation of the property based on the City’s Ground Movement
Potential Map. The map must also provide a calculation for average slope over the entire property
(see City definition) and show the individual dimensions of each contour line used in the calculation.
14. WATER EFFICIENT LANDSCAPE DOCUMENTS – Residential projects with water resources
(e.g., irrigated landscaping, swimming pool, fountain) of 5,000 square feet or more are required to
comply with the California Department of Water Resources Water Efficient Landscape Ordinance
(WELO). The WELO document package is available at the front counter.
15. C3 - STORMWATER REQUIREMENTS - All projects that create and/or replace 2,500 sq. ft. or
more of impervious surface must complete the C3 worksheet and implement site design measure(s)
16. WILDLAND-URBAN INTERFACE (WUI) FIRE CONFORMANCE CHECKLIST - All new
buildings constructed within the Wildland-Urban Interface Fire Area are subject to the requirements
of Chapter 7A of the California Building Code. About 1/3 of the City of Saratoga is within the
Wildland-Urban Interface Fire Area. Almost all areas of the City on the western side of Saratoga-
Sunnyvale and Saratoga-Los Gatos Roads are within the Wildland-Urban Interface Fire Area.
17. PLANNING COMMISSION REQUIREMENTS – Following notice of completion by the Planner,
you will need to submit the following at least two weeks prior to the Planning Commission meeting:
* Ten sets of reduced plans (11”x17”): 3-hole punched, stapled, and ‘Z’ folded.
* Two full size (24”x36”) loose copies of the elevations and floorplans for display at the Hearing.
* One full size (24”x36”) loose copy of an accurately colored perspective of the façade
18. CC&R’s / HOA: Please review your CC&R’s or HOA for any restrictions and necessary approvals.
City Code is located at http://www.saratoga.ca.us. Scroll over the About the City tab and click on the
Municipal Code link. Use either the table of contents or the search engine to find specific sections.
Please note that additional information may be required pursuant to City Code 15-45.070 6
87
City of Saratoga
Neighbor Notification Form
Project Address: ______________________________________________
A project is proposed at the above address. The City asks that you sign this form to indicate you
have had an opportunity to review and comment on the proposal. Your signature is not an
acceptance of the plans, only an acknowledgement that you have had an opportunity to comment.
IMPORTANT NOTE FROM CITY: These plans are PRELIMINARY ONLY and may change as the project
moves forward. Architectural Plans are protected under copyright law. The applicant should allow
you to view the plans but is not required to give you a physical copy.
Once the application is submitted, you may review a full sized set of plans at City Hall during normal
business hours. The applicant should inform you when the plans will be submitted.
Please contact the City at 408-868-1222 if you have any questions.
This notice is being provided to all of the adjoining property owners and the property owner(s)
across the street from the project address. The City will send an additional notice to adjacent
neighbors prior to a decision being made on the project.
Neighbor Name: ________________________________________________ Date: ____________
Neighbor Address: _________________________________________________________________
Neighbor Contact Info: (phone or email): ______________________________________________
- This enables the City to contact you if they have any questions
Please address any initial concerns below (attach additional sheets if necessary):
Feel free to mail this form directly to the City:
City of Saratoga Planning Department; 13777 Fruitvale Avenue; Saratoga CA 95070
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
My signature below certifies that I am aware of the proposal.
NEIGHBOR SIGNATURE: ____________________________________________________________
88
average slope calculations
contour length
592 82
594 85
596 135
598 165
600 181
602 240
604 343
606 367
608 377
610 357
612 346
614 352
616 385
618 390
620 475
622 220
624 229
626 252
628 228
630 210
5419
s=0.00229x2x5419/1.249 19.87111
89
February 18, 2014 Max Keyashian 21818 Via Regina Saratoga, CA 95070
VIA EMAIL (mkeyashian@gmail.com) RE: Geotechnical Clearance for 21818 Via Regina Application # GEO13-0010 Geotechnical Clearance with conditions has been granted for the above referenced project based on the review letter prepared by the City Geotechnical Consultant, dated February 14, 2014 Geotechnical conditions of approval, the Geologists review letter and a Hold Harmless Agreement are attached. Please sign and date the attached ‘Hold Harmless Agreement’ and return it to us as soon as possible. Do not hesitate to contact me at (408) 868-1274 or via email at iharvancik@saratoga.ca.us if you have any questions regarding this review. Thank you. Sincerely, Iveta Harvancik Senior Engineer Public Works Department Cc (via email): Michael Fossati, Project Planner, CD Department (mfossati@saratoga.ca.us) E. Lazari, Applicant (elazari@comcast.net)
90
Memorandum of Geotechnical Clearance Conditions
Page 1 of 1
MEMORANDUM
TO: Michael Fossati, Project Planner, Community Development Department
CC: Keyashian, Max / Lazari, E. (Owner / Applicant)
FROM: Iveta Harvancik, Senior Engineer
SUBJECT: Geotechnical Clearance Conditions for GEO13-0010 at 21818 Via Regina
DATE: February 14, 2014
1. The Project Geotechnical Consultant should review and approve all geotechnical aspects of the development plans (i.e., site preparation and grading, site drainage improvements, and design parameters for foundations and retaining walls) to ensure that their recommendations have been properly incorporated. Results of the Geotechnical Plan Review should be submitted to the City for review by the City Engineer prior to issuance of building permits. 2. The Project Geotechnical Engineer shall inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspections shall include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for retaining walls prior to the placement of steel and concrete. The consultant shall inspect final installed site drainage improvements for conformance with geotechnical recommendations. The results of these inspections and the as-built conditions of the project shall be described by the Project Geotechnical Engineer in a letter and submitted to the City Engineer for review prior to final (as-built) project approval. 3. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical Consultant’s review of the project prior to Zone Clearance. 4. The owner (applicant) shall enter into agreement holding the City of Saratoga harmless from any claims or liabilities caused by or arising out of soil or slope instability, slides, slope failure or other soil related and/or erosion related conditions.
91
September 2, 2014
Community Development Department
City of Saratoga
13777 Fruitvale Ave.
Saratoga, CA 95070
Subject: Application APPC14-0001; Answers to the Neighbors Appeal
Please accept this reply in response to two letters that you received from my
neighbors Sharon Carroll and Robert Downs (letter dated August 13), and Robert
Hsiao (letter dated August 14).
The simple truth is my two neighbors do not want to share the lower road with
us. They ignore a fundamental basic property right; we own the land in common
with some of our neighbors and a city remodel/addition permit application is not
the appropriate place to raise that issue. Unfortunately, some of my neighbors
see our new design as an opportunity to put pressure on us by abusing the City’s
neighbor friendly process. The delay in initiating our remodel includes a delay in
installing safety upgrades and vital maintenance to our property.
We bought our house in June 2005 as a horse property. The previous owner had a
horse and we intend to keep the existing horse facilities on the property. Our
Preliminary Title Report and surveyor report establish that we possess a 30 foot
ingress/egress easement (road), (two adjoining easements that are each 15 feet
wide). This road has always been essential to our property because it is our only
access to the horse arena and the lower portion of our property. This is not a new
secondary access to our house as stated Downs/Carroll letter. The road has been
in place for over 50 years. Further, to end any questions about our right to access
the road it is part of the legal description of our property.
Our existing driveway cannot be used for the planned alterations to our house.
The elevation change on our property is such that in order to work on the
foundation, grading, landscaping improvements and maintenance we must access
92
the property from the lower road. Our access to our property and use of our
shared lower road will continue regardless of the remodel.
Mr. Hsiao speculated that the road needs to be widened for fire trucks if we have
a new design. That makes no sense, if we do not remodel, then the existing width
of the road is sufficient for fire truck (but a remodel requires a wider road). If
necessary, fire trucks will use the road regardless of our new design. Besides, one
significant improvement to our property is a fire sprinkler system; however, with
the delay caused by my neighbors’ objections to our remodel, we must continue
to wait for this vital safety precaution.
Further, Mr. Hsiao concern is without merit. No alternation to the existing access
road is needed. In early June the Santa Clara County Fire Department conducted
three days of full-scale exercise on our property using the paved entrance area at
the end of the lower road to park their cars. Several fire trucks and many
firefighters were involved in this exercise as training for the new recruits. We are
not aware of any issues or limitations that the county fire department
encountered due to the width of the lower road. Attached for your review is a
copy of the Santa Clara County Fire Department’s letter dated May 15, 2014.
Our engineers have provided the City with all required information for the project
including the slope average. We believe that this information should remain
private and do not want to release that information to the public.
To date we are not aware of maintenance work done on the road by Mr. Hsiao or
our neighbors. On the contrary, the overgrown bushes from Mr. Hsiao’s property
cover part of the road, which needs to be cleared. If my neighbors pool resources
for maintenance work, as implied by Mr. Hsiao, then they might want to include
us in that pool because we own the road, too!
Nearly a year has passed since we filed our application for remodeling/addition.
The baseless arguments put forth by our neighbors are causing delay to our
project. We have a leaky roof and its repair is part of our project, going through
another winter might cause further damage to our home. Time is of the essence
to us since we are close to fall and winter weather.
93
We thank you for your time reviewing this matter and would like to gently ask you
to put closure to this so we can begin our project.
Sincerely Yours,
_________________________________________
Max and Fereshteh Keyashian
21818 Via Regina
Cell Phone: 408-306-6719
94
95
To: Saratoga Community Development Department
From: Robert Hsiao, 21800 Via Regina, Saratoga, CA
Date: 9/4/2014
Subject: Additional information and responses to applicant’s answer letter for
Application No. ADR13-0032
Dear Commissioners,
Please allow me to add some information to the slope ratio calculation, and clarify my
reasons for widening the road and private road issues.
Widen the road
The widening process is necessary if the applicant starts to drive on the road. Currently,
there are three parcels sharing the road: Parcel 7, Parcel 8, and Parcel 10. The road is 20
feet on front side, narrowing to 14 feet at end. Parcel 7’s entrance is before the point that
the road narrows (Exhibit A), so only two parcels, Parcel 8 and Parcel 10 (my parcel), use
the narrow part of the road. If applicant starts using the road, we will have 3 parcels
sharing the east side of the road.
It has to comply with the Santa Clara County Fire code.
Please review the “STANDARD DETAILS & SPECIFICATIONS, SUBJECT:
“Specifications for Driveway, Turnarounds and Turn Outs Serving up to two (2) Single
Family Dwellings” (SD&D Spec No. D-1, Exhibit B), REQUIREMENTS-DRIVEWAY:
“… Saratoga: 14 feet paved width with a two foot unpaved shoulder”. This is the fire
code the private road currently complies with.
Please review the “STANDARD DETAILS & SPECIFICATIONS, SUBJECT: Fire
Department Apparatus Access” (SD&S Spec No A-1, Exhibit C), requirement number 1:
“ … The minimum clear width of fire department access roads shall be 20 feet”. This is
the fire code we need to comply when the road is shared by 3 or more parcels.
Please also review our city’s municipal code 16-20.090, 503.2.1 “Dimensions. Fire
apparatus access roads shall have an unobstructed width of NOT LESS than 20 feet,
exclusive of shoulders…”
Slope Ratio
The slope ratio is an important factor to determining the buildable space. In order to
calculate the slope ratio, the individual dimensions of each contour line are used.
According to the document "City of Saratoga community development department,
requirements for design review applications”, item 14: TOPOGRAPHIC SURVEY
“Yes, it is required for lots with a slope greater than 8% ... The map must also provide a
96
calculation for average slope over the entire property (see City definition) and show
the individual dimensions of each contour line used in the calculation. “
The neighbors within 250 feet of the construction are notified of application approval.
Our right to appeal is written in municipal code 15-90. In order to appeal, we have the
reason to review the documents that the applicant submits to the planning department.
Since the above-mentioned document mandates that the applicant submit the individual
dimension of each contour line used to calculate the slope ratio, the city planner
authorizes it is public information.
Surprisingly, Mr. Keyashian unilaterally classified it as private information, and kept the
information to himself. Throughout the design review process, I have had very little
knowledge of this information. Only until August 8 of this year, was the information
released by the city planner.
“Length of natural contours in feet (L)= 4996
Natural Contour intervals in feet (I)= 2
Area of property (A) = 1.15 acres
The equation to calculate slope (per the City Code) is (0.002296 x I X L)/A
They calculated the average slope to be 19.9%”
The length of natural contours in feet is obtained by adding individual contour lengths
together. We have the total contour length, but we still do not have the individual length.
It is important to obtain the individual lengths for people to verify if each line is
measured correctly - analogous to reviewing your credit card bill. You need to check
each transaction to confirm whether the total bill is right.
On the last week of August, Mr. Keyashian finally submitted a spreadsheet of the
dimension of each contour line to the planning department (Exhibit D). This spread sheet
does not have any information of the target address, the date it was created, the company
information nor the qualifications of the surveyor. I extract the information from the
spreadsheet as follows:
Length of natural contours in feet (L)= 5419
Natural Contour intervals in feet (I)= 2
Area of property (A) = 1.249 acres
The average slope is 19.8711%
I also hired a licensed land survey company to measure each contour line (Exhibit E). I
extract the information form my survey report as follows:
Length of natural contours in feet (L)= 6621
Natural Contour intervals in feet (I)= 2
Area of property (A) = 1.249 acres
The average slope is 24.27%
97
98
99
FIRE DEPARTMENT
SANTA C LARA COUNTY
14700 Winchester Blvd., Los Gatos, CA. 95032-1818
(408) 378-4010 • (408) 378-9342 (fax) • www.sccfd.org
Organized as the Santa Clara County Central Fire Protection District
Serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos,
Los Altos Hills, Los Gatos, Monte Sereno, Morgan Hill, and Saratoga
1
STANDARD DETAILS & SPECIFICATIONS Spec No __D-1____
Rev. Date 11/05/09
SUBJECT: Specifications for Driveways, Turnarounds and Eff. Date 01/23/97
Turn Outs Serving up to two (2) Single Family Dwellings Approved By ________
Page ____1__ of __4____
SCOPE
This standard is applicable to driveways serving up to two (2) single family dwellings
where any portion of the dwelling(s) is greater than 150 feet from the center line of a
public roadway. Note that the specifications contained in this Standard apply only to
properties located within the incorporated city/town service areas of the Santa Clara
County Fire Department. Fire Department access for dwellings in unincorporated
County areas shall conform to County of Santa Clara driveway/roadway Standards.
DEFINITIONS
Roadway: A vehicular access roadway greater than or equal to 20 feet in width.
Driveway: A vehicular access roadway less than 20 feet in width and serving no more
than two single-family dwellings.
REQUIREMENTS
DRIVEWAY
Campbell, Cupertino, Los Gatos, Monte Sereno, Morgan Hill: 12 feet paved surface
Los Altos and Los Altos Hills: 14 feet paved width
Saratoga: 14 feet paved width with a two foot unpaved shoulder
VERTICAL CLEARANCE:
The vertical clearance shall be in accordance with the Fire Code, 13 feet, 6 inches.
GRADE:
Maximum grade shall not exceed 15% (6.75 degrees).
Exception: Grades up to 20% may be allowed by the Fire Chief provided an approved
automatic fire sprinkler system is installed throughout the affected dwelling structure
including attached garages. In no case shall the portion of driveway exceeding 15%
gradient be longer than 300 feet in length. For longer driveways, there shall be at least
100 feet of driveway at 15% or less gradient between each 300-foot section that exceeds
15%.
100
Organized as the Santa Clara County Central Fire Protection District
Serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos,
Los Altos Hills, Los Gatos, Monte Sereno, Morgan Hill, and Saratoga
2
PAVEMENT SURFACE:
Driveways shall be surfaced roads of either asphalt, concrete or another engineered
surface acceptable to the Fire Department. Note: For alternative roadway surfaces such
as “Turf Block” or other materials that blend into landscaping and/or that do not
readily appear to be driving surfaces, the boundary edges of the alternate material shall
be delineated as approved by the Fire Department. Delineation shall be by concrete
curbs, borders, posts or other means that clearly indicate the location and extent of the
driving surface.
BRIDGES AND CULVERTS:
All bridges and culverts shall be designed to support the imposed load of a fire
apparatus weighing at least 75,000 pounds.
TURNING RADIUS:
The minimum outside turning radius is 36 feet, unless otherwise specified.
Exceptions: Modified turning radius may be allowed by the Fire Department in cases
where conditions acceptable under the Fire Code allow for such deviation. Requests for
such modifications must be made in writing to the Fire Department for review.
TURNOUTS:
Turnouts are required every 500 feet for driveways in excess of 500 feet.
Dimensions are in feet.
DIMENSION A
12 FT 14 FT
CAMPBELL LOS ALTOS
CUPERTINO LOS ALTOS HILLS
LOS GATOS SARATOGA
MONTE SERENO
MORGAN HILL
101
Organized as the Santa Clara County Central Fire Protection District
Serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos,
Los Altos Hills, Los Gatos, Monte Sereno, Morgan Hill, and Saratoga
3
TURNAROUNDS:
Turnarounds are required for all driveways with a length in excess of 150 feet.
102
Organized as the Santa Clara County Central Fire Protection District
Serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos,
Los Altos Hills, Los Gatos, Monte Sereno, Morgan Hill, and Saratoga
4
Dimensions are in Feet
SD&S AD-1 Driveways/DM:dh/12.10.09
103
FIRE DEPARTMENT
SANTA CLARA COUNTY
14700 Winchester Blvd., Los Gatos, CA. 95032-1818
(408) 378-4010 • (408) 378-9342 (fax) • www.sccfd.org
Organized as the Santa Clara County Central Fire Protection District
Serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos,
Los Altos Hills, Los Gatos, Monte Sereno, Morgan Hill, and Saratoga
STANDARD DETAILS & SPECIFICATIONS Spec No __A-1____
Rev. Date 06/01/09
SUBJECT: Fire Department Apparatus Access Eff. Date 01/23/97
Approved By ________
Page ____1__ of __5____
SCOPE
Applicable to Fire Department apparatus access roadways serving commercial
buildings and three or more single-family dwellings. Note that the specifications
contained in this Standard apply only to properties located within the service area of
the Santa Clara County Fire Department.
DEFINITIONS
Roadway: A vehicular access roadway greater than or equal to 20 feet in width.
Driveway: A vehicular access roadway less than 20 feet in width and serving no more
than two, single-family dwellings.
Temporary Access Roadway: A temporary vehicular access road or driveway that is
provided until such time that the permanent road or driveway is installed.
REQUIREMENTS
ROAD DESIGN
1. Minimum clear width: The minimum clear width of fire department access roads
shall be 20 feet. Modifications to the design or width of a fire access road, or
additional access road(s) may be required when the fire code official determines that
access to the site or a portion thereof may become compromised due to emergency
operations or nearby natural or manmade hazards (flood prone areas, railway
crossings, bridge failures, hazardous material-related incidents, etc.)
The width of secondary access roads may be reduced to less than 20 feet provided
turnouts are installed adjacent to the roadway every 500 feet with a minimum
dimension of 10 feet wide and 40 feet long or as otherwise determined by the fire
code official.
2. Access and loading: Facilities, buildings or portions of buildings hereafter
constructed shall be accessible to fire department apparatus by way of an approved
fire apparatus access road (including bridges and culverts) with an asphalt, concrete
or other approved driving surface capable of supporting the imposed load of fire
apparatus weighing at least 75,000 pounds (34050 kg) or as otherwise determined by
the fire code official.
104
Organized as the Santa Clara County Central Fire Protection District
Serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos,
Los Altos Hills, Los Gatos, Monte Sereno, Morgan Hill, and Saratoga
2
3. Minimum clear height: Vertical clearance over required vehicular access roads and
driveways shall be 13’6”.
4. Grade: Maximum grade shall not exceed 15% (6.75 degrees).
5. Turn Radius (circulating): The minimum outside turning radius is 42 feet for
required access roadways. Greater radius up to 60 feet may be required where the
Fire Department determines that Ladder Truck access is required. Circulating refers
to travel along a roadway without dead ends.
6. Turning Radius (Cul-de-sacs): The minimum outside turning radius is 36 feet. Use
of cul-de-sacs is not acceptable where it is determined by the Fire Department that
Ladder Truck access is required, unless greater turning radius is provided.
7. Turnarounds: Turnarounds are required for all dead end roadways with a length in
excess of 150 feet. The turnaround details shown in this document are intended to
provide a general design concept only. Modifications or variations of these designs
may be approved by the Fire Department on a case-by-case basis. All turnaround
designs submitted for Fire Department review shall meet all previously stated
requirements. These details are applicable when a 36-foot minimum turning radius
for dead ends is specified. These details are not applicable where turning radius
greater than 36 feet is specified or when a circulating radius is specified.
8. Dead ends: Dead-end fire apparatus access roads in excess of 150 feet (45720 mm)
shall be provided with width and turnaround provisions as determined by the fire
code official.
9. Parking: When parking is permitted on streets, in both residential/commercial
applications, it shall conform to the following:
• parking is permitted both sides of the street with street widths of 36 feet or more
• parking is permitted on one side of the street with street widths of 28 – 35 feet
• no parking is permitted when street widths are less than 28 feet
NOTE: Rolled curbs can be part of the curb/sidewalk and used to increase the
roadway width with approval from the fire code official. Additional requirements
may apply for buildings 30 feet in height or greater. See requirements under
AERIAL FIRE APPARTUS ACCESS ROADS.
10. Access to a hydrant: Fire hydrants located on a public or private street, or on-site,
shall have an unobstructed clearance of not less than 30 feet (15 feet either side of
hydrant), in accordance with California vehicle code 22514. Marking shall be per
California vehicle code 22500.1
11. Traffic calming: Traffic calming devices and the design thereof shall be approved by
the fire code official prior to installation.
105
Organized as the Santa Clara County Central Fire Protection District
Serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos,
Los Altos Hills, Los Gatos, Monte Sereno, Morgan Hill, and Saratoga
3
12. Alternate paving material: Alternative paving materials such as ‘Grass Crete’, turf
block or similar type material may be used for emergency vehicle access (EVA)
under certain conditions. The submittal shall include the design criteria based upon
the imposed load of fire apparatus as identified in item 2, Access and Loading. The
EVA shall:
• Be marked. The lane at the curb delineated with lights, bollards, paint,
contrasting material, etc.
• Be structurally sound to preclude movement or disbanding with soil movement.
• Be field tested by the contractor in the presence of the fire code official Testing
may include driving the EVA by a weight verified vehicle. Prior to final
approval, the engineer of record (civil or soils engineer) shall certify the
installation.
FIRE APPARATUS ROADWAY SIGNS
Where required by the Fire Code Official, fire apparatus access roads shall be
designated and marked as a fire lane as set forth in Section 22500.1 of the California
Vehicle Code. The designation shall be indicated (1) by a sign posted immediately
adjacent to, and visible from, the designated place clearly stating in letters not less
than one inch in height that the place is a fire lane, (2) by outlining or painting the
place in red and, in contrasting color, marking the place with the words “FIRE
LANE”, which are clearly visible from a vehicle, or (3) by a red curb or red paint on
the edge of the roadway upon which is clearly marked the words “FIRE LANE’.
NUMBER OF ACCESS ROADS REQUIRED
Commercial and Industrial Developments
1. Buildings exceeding three stories or 30 feet in height. Buildings or facilities
exceeding 30 feet (9144 mm) or three stories in height shall have a least two
means of fire apparatus access for each structure.
2. Buildings exceeding 62,000 square feet in area. Buildings or facilities having a
gross building area of more than 62,000 square feet (5760 mm) shall be provided
with two separate and approved fire apparatus access roads.
Exception: Projects having a gross building area of up to 124,000 square feet
(11520 mm) that have a single approved fire apparatus access road when all
buildings are equipped throughout with approved automatic sprinkler systems.
Multi-Family Residential Developments (R-1 & R-2 occupancies)
1. Multi-family residential projects having more than 100 dwelling units shall be
equipped throughout with two separate and approved fire apparatus access
roads.
106
Organized as the Santa Clara County Central Fire Protection District
Serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos,
Los Altos Hills, Los Gatos, Monte Sereno, Morgan Hill, and Saratoga
4
One-or-Two Family Residential Developments
1. Developments of one or two family dwellings where the number of dwelling
units exceeds 30 shall be provided with two separate and approved fire
apparatus access roads and shall meet the requirements listed under; separation
of access roads.
Exception: When approved by the fire code official, where there are more than
30 dwellings units on a single public or private fire apparatus road and all
dwellings units are equipped throughout with an approved automatic sprinkler
system in accordance with California Fire Code Section 903.3.1.1, 903.3.1.2 or
903.3.1.3, access from two directions shall not be required.
The number of dwelling units on a single fire apparatus access road shall not be
increased unless fire apparatus access roads will connect with future development,
as determined by the fire code official.
REQUIREMENTS FOR SECONDARY ACCESS ROADS
1. Separation of access roads. Where two access roads are required, they shall be
placed a distance apart equal to not less than one half of the length of the
maximum overall diagonal dimension of the property or area to be served,
measured in a straight line between accesses (from centerline to centerline).
2. Connection to other roads: Where a secondary access roadway connects to a
public or private street there shall be either; no curb, a rolled curb or a driveway
cut as approved by the fire code official.
3. Easements: Only lands owned or in control of the property owner, held in
common with adjacent properties or publicly owned may be used for secondary
access. Secondary access roadways shall not be located in easements through
private property unless specifically approved by the fire code official. When
easements are required for secondary access roadways, they shall be recorded as
Emergency Vehicle Ingress Egress Easements (E.V.I.E.E) granted to the Fire
Department.
4. Marking and Identification: When necessary, signs or other approved notices
shall be posted at secondary access roadways to prevent obstruction by parked
vehicles. Such signs or notices shall be in accordance with Fire Department
Standards.
5. Maintenance: Secondary access roadways shall be maintained at all times by the
property owner. The roadway surface gates/locks and vertical and horizontal
clearances shall be maintained in serviceable condition. Maintenance of
secondary access roadways on commonly held lands shall be clearly stated in the
Covenant, Conditions, and Restrictions (CC&R) or Landscape Maintenance
107
Organized as the Santa Clara County Central Fire Protection District
Serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos,
Los Altos Hills, Los Gatos, Monte Sereno, Morgan Hill, and Saratoga
5
agreements of the development project. The CC&Rs shall mandate that the
owners association shall retain professional management to oversee maintenance
responsibilities.
AERIAL FIRE APPARATUS ACCESS ROADS
1. Where required: Buildings or portions of buildings or facilities exceeding 30 feet
(9144 mm) in height above the lowest level of fire department vehicle access shall
be provided with approved fire apparatus access roads capable of
accommodating fire department aerial apparatus. Overhead utility and power
lines shall not be located within the aerial fire apparatus access roadway.
2. Width: Fire apparatus access roads shall have a minimum unobstructed width
of 26 feet (7925) in the immediate vicinity of any building or portion of building
more than 30 feet (9144 mm) in height.
3. Proximity to building: At least one of the required access routes meeting this
condition shall be located within a minimum of 15 feet (4572) and a maximum of
30 feet (9144mm) from the building, and shall be positioned parallel to one entire
side of the building, as approved by the fire code official.
TEMPORARY ACCESS ROADS
1. When approved by the Chief, a temporary access road may be installed for fire
department access to buildings under construction until such time that the
permanent road or driveway is in place. A written request along with detailed
plans for the temporary access road shall be submitted to the fire department for
review and approval prior to installation. The plan submittal shall also include
timelines for use of the temporary roadway and acknowledgment that the
integrity of the roadway will be maintained at all times.
2. The width and turn radius dimensions of a temporary access road shall be the
same as for the required permanent roadway. As a minimum, the roadway shall
consist of a compacted sub base and six (6) inches of road base material (Class 2
aggregate base rock) both compacted to a minimum 95%. The perimeter edges of
the roadway shall be contained and delineated by curb and gutter or other
approved method. The use of geotextile reinforcing fabric underlayment or soils
lime-treatment may be required if so determined by the project civil engineer.
Provisions for surface drainage shall also be provided where necessary.
3. Engineering certification of the temporary roadway construction shall be
documented and submitted to the Fire Department prior to or at the time of the
acceptance inspection of the roadway.
Standard Details & Specifications A-1/DM: dh/12.02.09
108
average slope calculations
contour length
592 82
594 85
596 135
598 165
600 181
602 240
604 343
606 367
608 377
610 357
612 346
614 352
616 385
618 390
620 475
622 220
624 229
626 252
628 228
630 210
5419
s=0.00229x2x5419/1.249 19.87111
109
110
GENERAL NOTES
21818 VIA REGINA
ADDRESS:
OWNER:
SARATOGA CA 95070
SHEET:
DATE:
Fax:(408)323-9522
Tel:(408) 781-8374
DESIGN
LAZARI
6154 ROYAL ACORN PL
San jose Ca 95120
elazari@comcast.net
SARATOGA CA 95070MAX KEYASHIAN21818 VIA REGINA111
2468
266826681627013'9 x 14'1
OPEN BELOW
6068606860686068606860684868
48686068
2668
2668
2868
306828682668
2868
2668
5068 266880683068 3068
2640FX2640FX2640FX1640SH2640SH6040DC5040LS
2040SH9050TC9050TC9050TC9050TC9050TC9050TC
8036TC
1
2
5
0
SH4040LS4040LS 5040LS5040LS5040LS5050LS 3040 SL 3040 SL
SHEET:
DATE:
Fax:(408)323-9522
Tel:(408) 781-8374
DESIGN
LAZARI
6154 ROYAL ACORN PL
San jose Ca 95120
elazari@comcast.net
SARATOGA CA 95070MAX KEYASHIAN21818 VIA REGINA112
26686068
2668 S30686068
2668
2668
26682668
266826683068
26682668 26685040DC5040DC 5040DC5040DC
2040SH2040SH
1050FX 1050FX
9050TC 2050SH
6040DC 2040SH21040SHSHEET:
DATE:
Fax:(408)323-9522
Tel:(408) 781-8374
DESIGN
LAZARI
6154 ROYAL ACORN PL
San jose Ca 95120
elazari@comcast.net
SARATOGA CA 95070MAX KEYASHIAN21818 VIA REGINA113
606826682668 48684868286816270 5068
2668
286830682868
2668
2668
3068
OPEN BELOW
13'9 x 14'1
606860686068606860686068
2668
3068
80686068
2468 2668SHEET:
DATE:
Fax:(408)323-9522
Tel:(408) 781-8374
DESIGN
LAZARI
6154 ROYAL ACORN PL
San jose Ca 95120
elazari@comcast.net
SARATOGA CA 95070MAX KEYASHIAN21818 VIA REGINA114
6068
2668
60682668 3068
26682668
266826682668 2668S
30682668 26682668
SHEET:
DATE:
Fax:(408)323-9522
Tel:(408) 781-8374
DESIGN
LAZARI
6154 ROYAL ACORN PL
San jose Ca 95120
elazari@comcast.net
SARATOGA CA 95070MAX KEYASHIAN21818 VIA REGINA115
SCALE:1/4"=1'-0"
(E) LOWER FLOOR PLAN
(E) UPPER FLOOR PLAN
SCALE:1/4"=1'-0"
SHEET:
DATE:
Fax:(408)323-9522
Tel:(408) 781-8374
DESIGN
LAZARI
6154 ROYAL ACORN PL
San jose Ca 95120
elazari@comcast.net
SARATOGA CA 95070MAX KEYASHIAN21818 VIA REGINA116
SHEET:
DATE:
Fax:(408)323-9522
Tel:(408) 781-8374
DESIGN
LAZARI
6154 ROYAL ACORN PL
San jose Ca 95120
elazari@comcast.net
SARATOGA CA 95070MAX KEYASHIAN21818 VIA REGINA117
SHEET:
DATE:
Fax:(408)323-9522
Tel:(408) 781-8374
DESIGN
LAZARI
6154 ROYAL ACORN PL
San jose Ca 95120
elazari@comcast.net
SARATOGA CA 95070MAX KEYASHIAN21818 VIA REGINA118
SHEET:
DATE:
Fax:(408)323-9522
Tel:(408) 781-8374
DESIGN
LAZARI
6154 ROYAL ACORN PL
San jose Ca 95120
elazari@comcast.net
SARATOGA CA 95070MAX KEYASHIAN21818 VIA REGINA119
SHEET:
DATE:
Fax:(408)323-9522
Tel:(408) 781-8374
DESIGN
LAZARI
6154 ROYAL ACORN PL
San jose Ca 95120
elazari@comcast.net
SARATOGA CA 95070MAX KEYASHIAN21818 VIA REGINA120
21818 VIA REGINAMAX KEYASHIANSARATOGA CA 95070elazari@comcast.net
San jose Ca 95120
6154 ROYAL ACORN PL
LAZARI
DESIGN
Tel:(408) 781-8374
Fax:(408)323-9522
DATE:
SHEET:
121
122
123
124
REPORT TO THE PLANNING COMMISSION
Application No./Location: PDR14-0011/ARB14-0002 / 12666 Paseo Flores
Type of Application: Design Review application for a proposed 4,517 square foot
new two story home on a vacant site
Applicant/Owner: George Kuen-Yuan Chiou / Andrew Mo
Staff Planner: Chris Riordan
Meeting Date: September 10, 2014
APN: 386-12-037
12666 Paseo Flores
SITE
125
Page 2 of 5
SUMMARY
PROJECT DESCRIPTION:
The applicant requests Design Review approval to construct an approximately 3,539
square foot, 22 feet tall, one-story single-family dwelling located at 12666 Paseo Flores. The
project would also include the removal of two trees including a 35” walnut tree and a 41”
pepper tree. The net site area is 11,840 square feet and is zoned R-1-00,000.
STAFF RECOMMENDATION:
Adopt Resolution No. 14-037 approving Design Review PDR14-0011 and ARB14-0002
subject to conditions of approval.
Design Review Approval by the Planning Commission is required for any new structure
exceeding a height of 18 feet - City Code Section 15-45.060(a)(3).
PROJECT DATA:
Gross Site Area: 11,840 square feet
Average Site Slope: Level Site
General Plan Designation: M-10 (Medium Density Residential)
Proposed Allowable/Required
Proposed Site Coverage
Main House:
Covered Porch
Driveway:
Hardscape/Walkways/Patio:
Total Proposed Site Coverage
3,539 SF
58 SF
485 SF
1,750 SF
5,832 SF (49%)
7,107 SF
Floor Area
First Floor:
Enclosed Porch
Attached Garage
Total Proposed Floor Area
3,087.6 SF
6.8 SF
444.7 SF
3,539.1 SF
3,540 SF
Height (Residence)
Lowest Elevation Point
Highest Elevation Point
Average Elevation Point
Proposed Topmost Point
273.00 FT
274.00 FT
273.50 FT
295.50 (22.00 FT)
Maximum Height
= 299.50 (26 Feet)
Setbacks
Front:
Rear:
Left Side:
Right Side:
25’-4”
38’-0”
10’-4”
10’-4”
25’
25’
10’
10’
PROJECT DESCRIPTION AND SITE CHARACTERISTICS
An existing one story single-family home is located on the site. The existing house, rear
yard sheds, and all concrete will be demolished and removed. Adjacent land uses include
both one and two-story single-family homes. Paseo Flores intersects to the south with
126
Application No. PDR14-0011, ARB14-0002 / 12666 Paseo Flores
Page 3 of 5
Bucknall Road. A pre-school and El Quito Park are located on the opposite side of
Bucknall Road.
The 3,539 square foot one story residence would be 22 feet in height and includes an
attached garage. No additional structures are proposed. The residence would have a cement
plaster exterior and would include a combination of arched and square wood clad
windows and a clay tile roof. A colors and materials board is on file with the Community
Development Department and will be present at the site visit and public hearing. The
following table lists the proposed exterior materials.
Detail Colors and Materials
Exterior Yellow - Beige colored cement plaster
Trim Brown colored cast-stone sills, doors, and trim
Roof “Old World Blend” clay tiles
Trees
The project arborist inventoried eight trees on the site protected by city ordinance with
the potential of being impacted by the project. The applicant is proposing the removal of
two of these trees which include a 35 inch California Black Walnut and a 41” California
Pepper. The arborist has determined that the trees proposed for removal would meet the
criteria allowing their removal and replacement. Trees to be saved would be protected
during construction by chain link fencing installed per the recommendations of the City
Arborist. This fencing must be installed and inspected and the tree protection deposit
provided to the City prior to the issuance of a building permit. Replacement trees with a
value of $7,750 must be installed prior to completion of the project.
A full discussion of the trees to be removed and or preserved and the required tree
protection fencing is included in the City Arborist report is included as Attachment #2.
Residential CalGreen Measures
The project will meet the minimum CalGreen standards for a new home. The Residential
CalGreen Measures Checklist is included as Attachment #4.
Neighbor Notification and Correspondence
The applicant submitted four (4) Neighbor Notification Forms signed by adjacent
property owners. None of the forms included negative comments related to the project.
Copies of the neighbor notification forms are included as Attachment #3.
Staff mailed a “Notice of Public Hearing” to all property owners within 500 feet of the
subject property (Attachment #5). The public hearing notice and description of the project
was published in the Saratoga News. No additional written comments, either positive or
negative, were received prior to the completion of this staff report.
ENVIRONMENTAL DETERMINATION
The project is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant
Section 15303, “New Construction or Conversion of Small Structures”, Class 3 (a) of the
127
Application No. PDR14-0011, ARB14-0002 / 12666 Paseo Flores
Page 4 of 5
Public Resources Code (CEQA). This exemption allows for the construction of one single-
family residence in a residential area.
FINDINGS
Design Review Findings
The Planning Commission shall not grant design review approval unless it is able to
make the following findings. These findings are in addition to and not a substitute for
compliance with all other Zoning Regulations.
(a) Site development follows the natural contours of the site, minimizes grading, and is
appropriate given the property's natural constraints. This finding can be made in the
affirmative because the site is level and only minimal grading is required to contour
the existing grades so that stormwater flows away from the building foundation and
hardscape and on to landscaped areas.
(b) All protected trees shall be preserved, as provided in Article 15-50 (Tree
Regulations). If constraints exist on the property, the number of protected trees,
heritage trees, and native trees approved for removal shall be reduced to an absolute
minimum. Removal of any smaller oak trees deemed to be in good health by the City
Arborist shall be minimized using the criteria set forth in Section 15-50.080. This
finding can be made in the affirmative because the City Arborist has determined that
the two trees proposed for removal are consistent with the tree removal criteria
allowing removal and replacement as part of the project.
(c) The height of the structure, its location on the site, and its architectural elements are
designed to avoid unreasonable impacts to the privacy of adjoining properties and to
community viewsheds. This finding can be made in the affirmative because the
proposed home is a one story residence which does not include balconies or decks
above ground level which could impact the privacy of adjoining properties. An
existing wood fence along both side property lines would also reduce privacy impacts
to adjoining neighbors. The project would not impact any identified community
viewsheds.
(d) The overall mass and the height of the structure, and its architectural elements are in
scale with the structure itself and with the neighborhood. This finding can be made in
the affirmative because the project is a one story design not exceeding 22 feet in
height and is consistent with the existing height of neighboring residences on the
street and in the neighborhood. The adjacent houses on opposite sides of the property
are both one story homes that do not exceed a height of approximately 16 feet. The
proposed residence includes eaves, roof forms, and architectural projections that do
not overwhelm the scale and height of adjacent homes. The proposed home
minimizes vertical projections and emphasizes a horizontal orientation to reduce the
perception of height.
128
Application No. PDR14-0011, ARB14-0002 / 12666 Paseo Flores
Page 5 of 5
(e) The landscape design minimizes hardscape in the front setback area and contains
elements that are complementary to the neighborhood streetscape. This finding can
be made in the affirmative because the hardscape in the front setback area is limited
to the driveway. The proposed landscape design would be complementary to the
neighborhood streetscape and existing landscaping of the area. Proposed landscaping
would include grass, bark mulch located around the existing trees, and perennials and
groundcovers located on opposite sides of the front entry.
(f) Development of the site does not unreasonably impair the ability of adjoining
properties to utilize solar energy. This finding can be made in the affirmative because
the house is a one story design with the tallest areas of the structure located
approximately at the center of the site which would minimize shadows being cast on
adjacent properties which could limit or reduce their solar energy opportunities.
(g) The design of the structure and the site development plan is consistent with the
Residential Design Handbook, pursuant to Section 15-45.055. This finding can be
made in the affirmative because the proposed project conforms to the applicable
design policies and techniques in the Residential Design Handbook in terms of
compatible bulk, and avoiding unreasonable interference with privacy and views as
detailed in the findings above.
(h) On hillside lots, the location and the design of the structure avoid unreasonable
impacts to ridgelines, significant hillside features, community viewsheds, and is in
compliance with Section 15-13.100. This finding is not applicable because the site is
not located in a Hillside Residential Zoning District nor is the lot defined as a
‘hillside lot’.
ATTACHMENTS:
1. Resolution
2. Arborist Report
3. Neighbor Notification Forms
4. CalGreen Checklist
5. Public hearing notice
6. Reduced Plans (Exhibit A)
129
RESOLUTION NO: 14-037
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
APPROVING PDR14-0011 & ARB14-0002
LOCATED AT 12666 PASEO FLORES
WHEREAS, on May 12, 2014, an application was submitted by George Kuen-Yuan
Chiou on behalf of Andrew Mo requesting Design Review approval to construct a new two story
home located at 12666 Paseo Flores. The project also includes a request to remove two trees
including a 35” walnut tree and a 41” pepper tree. The project has a total floor area of 3,539 square
feet. The height of the proposed residence is approximately 22 feet. The site is located within the
R-1-10,000 Zoning District (APN 386-12-037).
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 September 10, 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 Environmental Quality Act
(CEQA) pursuant Section 15303, “New Construction or Conversion of Small Structures”, Class 3
(a) of the Public Resources Code (CEQA). This exemption allows for the construction of one
single-family residence in a residential area.
Section 3: The project is consistent with the following Saratoga General Plan Policies:
Land Use Goal 13 which provides that the City shall use the Design Review process to assure that
the new construction and major additions thereto are compatible with the site and the adjacent
surroundings; Safety Element Site and Drainage Policy 3 which provides that the City shall require
that landscaping and site drainage plans be submitted and approved during Design Review for a
residence prior to issuance of permits; and 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.
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 follows the natural
contours of the site, minimizes grading, and is appropriate given the property’s natural constraints;
preserves protected trees; is designed to avoid unreasonable impacts to the privacy of adjoining
properties and to community viewsheds; the mass and height of the structure and its architectural
elements are in scale with the structure itself and with the neighborhood; landscaping minimizes
130
Resolution No. 14-037
hardscape in the front setback area and contains elements that are complementary to the
neighborhood streetscape; does not unreasonably impair the ability of adjoining properties to utilize
solar energy; and is consistent with the Residential Design Review Handbook.
Section 5: The City of Saratoga Planning Commission hereby approves PDR14-0011 and
ARB14-0002, located at 12666 Paseo Flores, 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 10th day of
September 2014 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Mary-Lynne Bernald
Chair, Planning Commission
131
Resolution No. 14-037
Exhibit 1
CONDITIONS OF APPROVAL
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.
5. Site Drainage. The owner/applicant shall comply with all City requirements regarding drainage,
including but not limited to complying with the city approved stormwater management plan.
The project shall retain and/or detain any increase in design flow from the site, that is created by
132
Resolution No. 14-037
the proposed construction and grading project, such that adjacent down slope properties will not
be negatively impacted by any increase in flow. Design must follow the current Santa Clara
County Drainage Manual method criteria, as required by the building department.
Retention/detention element design must follow the Drainage Manual guidelines, as required by
the building department.
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 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 City Code.
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. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A”
on file with the Community Development Department.
b. All additional drawings, plans, maps, reports, notes, and/or materials required by the
Building Division.
c. This signed and dated Resolution printed onto separate construction plan pages.
d. The 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.
133
Community Development Department
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
ARBORIST REPORT
Application No: ARB14-0002
Prepared by Kate Bear, City Arborist Site: 12666 Paseo Flores
Phone: (408) 868-1276 Owner: Andrew Mo
Email: kbear@saratoga.ca.us APN: 386-12-037
Email: Andrew.mo@cs.stanford.edu
Report History:
Report #1
Date:
Plans received May 16, 2014
Report completed June 11, 2014
PROJECT SCOPE:
The applicant has submitted plans to the City to demolish the existing house and build a new one
story house with attached garage.
Two trees (walnut tree 7 and pepper tree 8) are requested for removal to construct the project. Both
meet the criteria allowing their removal and replacement as part of the project.
STATUS: Approved by City Arborist to proceed, with conditions.
PROJECT DATA IN BRIEF:
Tree bond – Required - $3,800
Tree fencing – Required – See Conditions of Approval and attached map.
Tree removals – Trees 7 and 8 are permitted for removal once building division
permits have been issued.
Replacement trees – Required – New trees equal to $10,000 are required as part of
the project.
FINDINGS:
Tree Removals
Whenever a tree is requested for removal as part of a project, certain findings must be made and
specific tree removal criteria met. Two trees (walnut tree 7 and pepper tree 8) are requested for
1
134
12666 Paseo Flores
removal to construct the project. Both trees meet the City’s criteria allowing them to be removed and
replaced as part of the project, once building division permits have been obtained. Table 1 below
provides a summary of how tree removal criteria have been met. Attachment 2 contains the tree
removal criteria for reference.
In addition to trees 7 and 8, several small trees are requested for removal on the site plan. None of
them are protected by City Code, and they may be removed at any time without a permit.
Table 1: Summary of Tree Removal Criteria that are met
Tree # Criteria met Criteria not met
7 1, 2, 4, 6, 7, 9 3, 5, 8
8 1, 2, 4, 6, 7, 9 3, 5, 8
This paragraph and the next provide an expanded discussion of how trees 7 and 8 meet removal
criteria pursuant to City Code Section 15-50-080. Tree 7 is a very large California black walnut in
poor condition. It is in decline, with significant dieback in the canopy, relatively large dead
branches, and sparse foliage, so it meets criterion 1. If this tree were retained, the likelihood of its
dropping branches is relatively high, and this could cause damage to the house and patio, so it meets
criterion 2. The lot is relatively flat, so erosion is not an issue and criterion 3 is not met. There are
other trees on the property that are in good health and have good structure so its removal does meet
criterion 4. It is not too close to another tree for good forestry practices, so criterion 5 is not met. The
alternative to removing the tree now is to wait for it to die completely, or drop a limb that would
destroy its structure or damage a person or property, and this would not be safe, so it meets criterion
6 in that there is no real feasible alternative. Removal of this tree during construction and replacing it
with new trees as part of the project is consistent with the tree regulations, so it meets criterion 7.
Leaving this tree could jeopardize the safety of the family, but not the general public, so it does not
meet criterion 8. Removal of the tree meets criterion 9 in that it would provide economic and other
enjoyment to the applicant when there is no real alternative to its removal.
Tree 8 is a California pepper tree that appears to be dying, and is inside the footprint of the new
structure, so it meets criterion 1. This tree would threaten damage if retained, in that it could drop
branches, so it meets criterion 2. The lot is relatively flat so erosion is not a concern and criterion 3 is
not met. There are other trees on site, so it meets criterion 4. It is not too close to trees for good
forestry practices, so criterion 5 is not met. The alternative to removing this tree would require
redesigning the house to remain outside the tree, and this is not warranted based on the poor
condition of the tree, so criterion 6 is met. Removal of this tree and replacement with new trees as
part of the project is consistent with the tree regulations, so criterion 7 is met. Leaving this tree could
jeopardize the safety of the family, but not the general public, so it does not meet criterion 8. The
applicant would gain economic and other enjoyment from the removal of the pepper tree when there
is no feasible alternative, so criterion 9 is met.
Replacement Trees:
The total appraised value of tree #813 is $1,410. New trees equal to this appraised value will be
required as a condition of the project. Replacement trees may be planted anywhere on the property.
Replacement values for new trees are listed below.
Replacement Tree Values:
15 gallon = $150 24 inch box = $500 36 inch box = $1,500
48 inch box = $5,000 60 inch box = 7,000 72 inch box = $15,000
2
135
12666 Paseo Flores
New Construction
Based on the information provided, and as conditioned, this project complies with the requirements
for the setback of new construction from existing trees under Section 15-50.120 of the City Code.
Tree 1 is a southern magnolia growing in the front yard in fair condition. It is far enough from the
proposed improvements that it can be adequately protected with tree protection fencing. It should be
watered regularly starting now and continuing throughout construction.
Trees 2 and 3 are California fan palms in the front yard next to the driveway. Both can be adequately
protected during construction and do not need any special measures aside from tree protection
fencing.
Tree 4 is a flowering plum in fair condition. It also is far enough from construction that it can be
sufficiently protected. It would do better with regular water.
Trees 5 (coast live oak) and 6 (Italian stone pine) are in the back yard and far enough from the
proposed work that they can be adequately protected with fencing.
ATTACHMENTS:
1 – Plans Reviewed
2 – Tree Removal Criteria
3 – Conditions of Approval
4 – Map of Site showing tree locations and protective fencing
IMPORTANT
This entire report, including attachments, shall be copied onto a plan
sheet, titled “Tree Preservation”, and included in the final set of plans.
3
136
12666 Paseo Flores Attachment 1
PLAN REVIEW:
Architectural Plans reviewed:
Preparer: Chris Spaulding, Architect
Date of Plans: May 1, 2014
Sheet A1 Site Plan and Drainage Plan
Sheet A2 Floor Plan
Sheet A3 Elevations
Sheet A4 Elevations and Sections
Sheet A5 Landscape Plan
Civil Plans reviewed:
Preparer: Robert J. Craig, Licensed Land Surveyor
Date of Plans: December 17, 2013
Sheet 1 of 1 Topographic Map
TREE DATA:
A site visit was made to the property on May 30, 2014. During the site visit, information
was collected on eight trees through a visual inspection from the ground. No trees were
climbed, and no additional techniques were employed.
Inventoried trees included one southern magnolia (tree 1), two California fan palms (trees 2
and 3), one flowering plum (tree 4), one coast live oak (tree 5), one Italian stone pine (tree
6), one California black walnut (tree 7), and one California pepper (tree 8).
The tables below provide information on the condition of trees, likely effects of
construction, suitability for preservation, and appraised values.
Table 2: Condition of trees and potential construction impacts
Number Species
Trunk
Diameter
(inches)
Condition
Intensity of
Construction
Impacts
Suitability
for
Preservation
Southern magnolia
1 Magnolia grandiflora 8, 8 Fair Low Moderate
California fan palm
2 Washingtonia filifera 30 Fair Moderate High
California fan palm
3 Washingtonia filifera 30 Fair Moderate High
Flowering plum
4 Prunus cerasifera 6, 6, 4 Fair Moderate Moderate
4
137
12666 Paseo Flores Attachment 1
Number Species
Trunk
Diameter
(inches)
Condition
Intensity of
Construction
Impacts
Suitability
for
Preservation
Coast live oak
5 Quercus agrifolia 22 Good Low High
Italian stone pine
6 PInus pinea 10.5 Good Low Moderate
California black walnut
7 Juglans hindsii 35 Poor Low Low
California pepper
8 Schinus molle 24, 17 Poor High Low
Table 3: Appraised values
Species
Trunk
Diameter
Canopy
Spread Health Structure Site
Contri-
bution
Place
-ment
Appraised
value
#1: Southern magnolia, Magnolia grandiflora
8, 8 20 ft. 60 90 80 70 50 $2,200
#2: California fan palm, Washingtonia filifera – height = 30 feet tall
30 15 ft. NA NA NA NA NA $3,000
#3: California fan palm, Washingtonia filifera – height = 30 feet tall
30 15 ft. NA NA NA NA NA $3,000
#4: Flowering plum, Prunus cerasifera
6, 6, 4 20 ft. 60 60 80 50 80 $1,580
#5: Coast live oak, Quercus agrifolia
22 35 ft. 80 70 80 80 40 $7,900
#6: Italian stone pine, PInus pinea
10.5 15 ft. 80 70 80 10 10 $580
#7: California black walnut, Juglans hindsii
35 50 ft. 40 50 80 10 40 $4,130
#8: California pepper, Schinus molle
24, 17 40 ft. 40 50 80 10 40 $3,620
Species ratings: magnolia, oak = 90%; pine = 70%; plum, walnut, pepper = 50%; palms = NA
Appraised values submitted in the report were calculated using the Trunk Formula Method
and according to the Guide for Plant Appraisal, 9th Edition, published by the International
Society of Arboriculture (ISA), 2000. This was used in conjunction with the Species
Classification and Group Assignment, published by the Western Chapter of the ISA, 2004.
5
138
12666 Paseo Flores Attachment 2
TREE REMOVAL CRITERIA
Criteria that permit the removal of a protected tree are listed below. This information is from Article
15-50.080 of the City Code and is applied to any tree requested for removal as part of the project. If
findings are made that meet the criteria listed below, the tree(s) may be approved for removal and
replacement during construction.
(1) The condition of the tree with respect to disease, imminent danger of falling, proximity to
existing or proposed structures and interference with utility services;
(2) The necessity to remove the tree because of physical damage or threatened damage to
improvements or impervious surfaces on the property;
(3) The topography of the land and the effect of the tree removal upon erosion, soil retention and
the diversion or increased flow of surface waters, particularly on steep slopes;
(4) The number, species, size and location of existing trees in the area and the effect the removal
would have upon shade, privacy impact, scenic beauty, property values, erosion control, and the
general welfare of residents in the area;
(5) The age and number of healthy trees the property is able to support according to good forestry
practices;
(6) Whether or not there are any alternatives that would allow for retaining or not encroaching on
the protected tree;
(7) Whether the approval of the request would be contrary to or in conflict with the general purpose
and intent of this Article;
(8) Any other information relevant to the public health, safety, or general welfare and the purposes
of this ordinance as set forth in section 15-50.010; and
(9) The necessity to remove the tree for economic or other enjoyment of the property when there is
no other feasible alternative to the removal.
6
139
12666 Paseo Flores Attachment 3
CONDITIONS OF APPROVAL
1. Once the project is approved by the City arborist and planning, this entire arborist report shall
be copied on to a plan sheet, titled “Tree Preservation” and included in the final job copy set
of plans.
2.Tree Protection Security Deposit - $3,800
a.Is required per City Ordinance 15-50.080.
b.Shall be for tree(s) 2, 3 and 4.
c.Shall be obtained by the owner and filed with the Community Development Department
before obtaining Building Division permits.
d. May be in the form of a savings account, a certificate of deposit account or a bond.
e.Shall remain in place for the duration of construction of the project.
f.May be released once the project has been completed, inspected and approved by the City
Arborist.
3.Tree Protection Fencing:
a. Shall be installed as shown on the attached map.
b.Shall be established prior to the arrival of construction equipment or materials on site.
c.Shall be comprised of six-foot high chain link fencing mounted on eight-foot tall, 2-inch
diameter galvanized posts, driven 24 inches into the ground and spaced no more than 10
feet apart.
d.Shall be posted with signs saying “TREE PROTECTION FENCE - DO NOT MOVE OR
REMOVE WITHOUT APPROVAL FROM CITY ARBORIST, KATE BEAR (408)
868-1276”.
e.Call City Arborist, Kate Bear at (408) 868-1276 for an inspection of tree protection
fencing once it has been installed. This is required prior to obtaining building division
permits.
f.Tree protection fencing shall remain undisturbed throughout the construction until final
inspection.
g.If contractor feels that work must be done inside the fenced area, call City Arborist to
arrange a field meeting.
4.Trenching to install new utilities or connect existing utilities to new shall not be permitted
inside tree protection fencing or under tree canopies.
5. No protected tree authorized for removal or encroachment pursuant to this project may be
removed or encroached upon until the issuance of the applicable permit from the building
division for the approved project.
6.Receipt of a Planning or Building permit does not relieve applicant of his responsibilities for
protecting trees per City Code Article 15-50 on all construction work.
7. All construction activities shall be conducted outside tree protection fencing. These activities
include, but are not necessarily limited to, the following: demolition, grading, trenching,
equipment cleaning, stockpiling and dumping materials (including soil fill), and
equipment/vehicle operation and parking.
7
140
12666 Paseo Flores Attachment 3
8. Any permitted pruning or root pruning of trees on site shall be performed under the
supervision of the Project Arborist and according to ISA standards.
9. Trees permitted for removal shall be replaced on or off site according to good forestry practices,
and shall provide equivalent value in terms of aesthetic and environmental quality, size, height,
location, appearance and other significant beneficial characteristics of the removed trees. The
value of the removed trees shall be calculated in accordance with the ISA Guide for Plant
Appraisal.
10.New trees equal to $7,750 shall be planted as part of the project before final inspection and
occupancy of the new home. New trees may be of any species.
11. Replacement values for new trees are listed below.
15 gallon = $150 24 inch box = $500 36 inch box = $1,500
48 inch box = $5,000 60 inch box = 7,000 72 inch box = $15,000
12. Replacement trees may be planted anywhere on the property as long as they do not encroach
on retained trees.
13. Only drought tolerant plants that are compatible with oaks are permitted under the outer half
of the canopy of oak trees on site.
14. Stockpiling of construction materials or equipment, and the disposal of construction debris or
harmful products, is prohibited under tree canopies or anywhere on site that allows drainage to
areas under tree canopies.
15. At the end of the project, when the contractor wants to remove tree protection fencing and
have the tree protection security deposit released by the City, call City Arborist for a final
inspection.
8
141
12666 Paseo Flores
1
Attachment 4
2 3
4
5 6
7
8
Legend
Tree Canopy
Tree Protection
Fence
9
142
143
144
145
146
147
148
149
150
151
152
153
154
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 10th day of September 2014, 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: PDR14-0011/ARB14-0002: 12666 Paseo Flores
APPLICANT / OWNER: George Kuen-Yuan Chiou / Andrew Mo
APN: 386-12-037
DESCRIPTION: The applicant/owner requests Design Review approval to construct an
approximately 3,539 square foot, 22 feet tall, one-story single-family dwelling located at 12666
Paseo Flores. The project would also include the removal of two trees include a 35” walnut tree and
a 41” pepper tree. The existing residence and all hardscape would be removed. The net site area is
11,840 square feet and is zoned R-1-00,000. Design Review Approval by the Planning Commission
is required for any new structure exceeding a height of 18 feet - City Code Section 15-45.060(a)(3).
All interested persons may appear and be heard at the above time and place. If you challenge a
decision of the Planning Commission pursuant to a Public Hearing in court, you may be limited to
raising only those issues you or someone else raised at the Public Hearing. In order for information
to be included in the Planning Commission’s information packets, written communications should
be filed on or before Monday, September 8, 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.
Christopher Alan Riordan, AICP
Senior Planner
(408) 868-1235
155
156
157
158
159
160
161
REPORT TO
THE PLANNING COMMISSION
Meeting Date: September 10, 2014
Application: Design Review PDR14-0018
Location / APN: Brookwood Lane (vacant) / 503-23-028
Owner/Applicant: Anisha Gupta / Seema Mittal
Staff Planner: Cindy McCormick, Planner, AICP
Brookwood Lane
Page 1 of 5
162
Summary
PROJECT DESCRIPTION: The applicant is proposing a new home on an 18,290 square foot vacant
lot. The new two-story home will be 4,779 square feet in area and 25 feet-six inches in height. The
application includes a secondary dwelling unit enclosed within the primary dwelling unit. The
project qualifies for the city’s 10% floor area bonus and waiver of an enclosed garage space because
the second dwelling unit will be deed restricted so that it may only be rented to below market rate
households. Six protected trees meet the criteria for removal.
STAFF RECOMMENDATION: Adopt Resolution No. 14-038 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:
Site Area: 18,290 sq. ft.
Average Slope: 9.2%
Grading: 175 CY cut + 0 CY fill = 175 CY total cut and fill
General Plan Designation: Medium Density Residential (M-15)
Zoning: Single-Family Residential (R1-15,000)
Proposed Allowed/Required
Site Coverage
Residential Footprint
Driveway/Walkways
Total Site Coverage
Front Yard Hardscape
3,071 sq. ft.
1,684 sq. ft.
4,755 sq. ft. (26%)
1,072 sq. ft. (27%)
50% Maximum
50% Maximum
Floor Area
First Floor/Garage
Second Floor
Total Floor Area
2,980 sq. ft.
1,799 sq. ft.
4,779 sq. ft.
(4,362 SF + 436 SF density bonus)
4,798 sq. ft. Maximum
Height (Residence)
Lowest Elevation Point:
Highest Elevation Point:
Average Elevation Point:
Proposed Topmost Point:
450’ (base reference)
448’
449’
474.5’ (25’6”)
26 feet Maximum
Setbacks
Front:
Left Side:
Right Side:
Rear:
1st Story
27’-4”
13’-6”
18’
106’-5½”
2nd Story
50’-4½”
18’-5½”
18’
106’-11”
1st Story
25’
12’
12’
30’
2nd Story
25’
17’
17’
40’
Application No. PDR 14-0018; Brookwood Lane (vacant) / 503-23-028 Page 2 of 5
163
PROJECT DESCRIPTION
Neighborhood Context: The property is located in a residential neighborhood bordered by
Saratoga-Sunnyvale Road and commercial/office uses to the east, residential uses to the northwest,
and the Saratoga downtown village to the southwest. Brookwood Lane is a dead-end street backing
to Wildwood Park. The neighborhood is an eclectic mix of single-story and two-story homes.
Site Design: The home meets (or slightly exceeds) the minimum front and side yard setbacks, while
providing a 106 square foot rear yard setback where 30 feet is required (40 feet for the second
story). The 18,290 square foot lot has a 9.2% average site slope, with the steepest portion of the lot
at the rear of the property, sloping down towards Saratoga Creek. All development (other than
natural vegetation) will occur within the relatively flat front half of the lot, outside of the flood
hazard zone which extends about 80 feet from the creek bank at the rear of the property. The flood
elevation is at approximately 446.5 feet while the finished floor elevation is 450 feet, the garage slab
is 449 feet, and the lowest adjacent grade would be 448.70 feet. A summary of the flood elevation
certificate indicates that the house and other constructed items on the lot would not be adversely
affected by a 100 year flood.
Building Design: The two-story home has been designed with a Spanish influence and neutral
color palette. The overall mass of the facade is minimized by setting back the second-story
approximately 23 feet from the first story, emphasizing the home’s single-story elements.
Moreover, the first-story wall plane heights and eave lines are in scale with adjacent residences.
Privacy impacts are minimized by incorporating five-foot sill heights on second-story side facing
windows. To further minimize privacy impacts, the applicant removed a second-story balcony
from the original design.
Landscape Design: The project incorporates landscape elements that complement the streetscape
and new trees that would provide screening between adjoining properties. The proposed 1,072
square feet of front yard hardscape is well below the allowable maximum, leaving 73% of the
front yard dedicated to live and decorative landscaping. The front yard landscape design includes
textured and scored colored concrete driveway and walkways accented by new turf, trees, shrubs,
and perennials. The front yard also incorporates decorative swales for storm water management.
Trees: Six protected trees meet the criteria for removal. An additional eight trees that are not
protected by City Code may be removed (as proposed) without permits at any time. The applicant
will be required to replace removed protected trees with new trees equal in value. Additionally, the
applicant is required to adequately protect any protected trees that could be impacted by the project.
Detail Colors and Materials
Exterior Tan colored stucco with dark brown colored trim
Windows Bronze colored windows
Front Door Dark Cherry stained wood
Garage Door Dark brown “ultra-grain” finish aluminum
Roof Rustic brown blend colored clay tiles
Application No. PDR 14-0018; Brookwood Lane (vacant) / 503-23-028 Page 3 of 5
164
CalGreen Standards: The project will comply with the required Calgreen standards, exceeding
energy efficiency standard requirements by 15 percent.
Neighbor Notification and Correspondence: A public notice was sent to property owners within
500 feet of the site. The property owner also distributed notification forms to adjacent neighbors.
Four forms were received without comment (Attachment 3).
DESIGN REVIEW FINDINGS:
The findings required for issuance of a Design Review approval pursuant to City Code Article 15-
45 are set forth below. The Applicant has met the burden of proof to support the required findings:
(a) Site development follows the natural contours of the site, minimizes grading, and is
appropriate given the property’s natural constraints. The project meets this finding because
the home has been located on the relatively flat front half of the property, minimizing the
amount of required grading. Furthermore, all development (other than natural vegetation)
will occur away from the creek and outside of the flood hazard zone.
(b) All protected trees shall be preserved, as provided in Article 15-50 (Tree Regulations). If
constraints exist on the property, the number of protected trees, heritage trees, and native
trees approved for removal shall be reduced to an absolute minimum. Removal of any
smaller oak trees deemed to be in good health by the City Arborist shall be minimized
using the criteria set forth in Section 15-50.080. The project meets this finding because all
protected trees proposed for removal meet the criteria for removal and will be replaced with
new trees equal in value to the removed trees. Furthermore, the placement of the home
towards the front half of the property will preserve the majority of trees that are located on
the rear half of the property.
(c) The height of the structure, its location on the site, and its architectural elements are
designed to avoid unreasonable impacts to the privacy of adjoining properties and to
community viewsheds. The project meets this finding because there is only one second-story
window on the left side of the home and three second-story window on the right side of the
home; all of which have five-foot sill heights. Furthermore, there are no second-story
balconies that could have privacy impacts. The second story is setback 50 feet from the front
property line, minimizing viewshed impacts from the street. A large rear yard setback
protects views from neighboring properties to the creek.
(d) The overall mass and the height of the structure, and its architectural elements are in scale
with the structure itself and with the neighborhood. The project meets this finding because
the overall mass of the facade is minimized by setting back the second-story approximately
23 feet from the first story, emphasizing the home’s single-story elements. Moreover, the
first-story wall plane heights and eave lines are in scale with adjacent residences. The neutral
color palette, roof materials, and wood details compliment the home’s architecture.
Application No. PDR 14-0018; Brookwood Lane (vacant) / 503-23-028 Page 4 of 5
165
(e) The landscape design minimizes hardscape in the front setback area and contains
elements that are complementary to the neighborhood streetscape. The project meets this
finding because the landscape plan includes 2,886 square feet of landscaping in the front yard
(80% being drought-tolerant), minimizing the amount of hardscape. The front yard landscape
design includes textured and scored colored concrete driveway and walkways accented by
new turf, trees, shrubs, and perennials. The front yard also incorporates decorative swales for
storm water management.
(f) Development of the site does not unreasonably impair the ability of adjoining properties to
utilize solar energy. The project meets this finding because the second-story is setback
approximately 18 feet from side property lines and over 100 feet from the south-east facing
rear property line, minimizing shadows on adjoining properties.
(g) The design of the structure and the site development plan is consistent with the Residential
Design Handbook, pursuant to Section 15-45.055. The project meets this finding because it
incorporates several techniques from the Residential Design Handbook including but not
limited to setting the second-story back from the first story, designing first-story eave lines in
scale with adjacent residences, maintaining a reasonable amount of open area on the
property, locating larger windows on the front and rear of the home as opposed to the side
where they may have privacy impacts, minimizing energy usage through careful selection
and placement of windows, minimizing hardscape in the front setback area, and using a
neutral color palette.
(h) On hillside lots, the location and the design of the structure avoid unreasonable impacts to
ridgelines, significant hillside features, community viewsheds, and is in compliance with
Section 15-13.100. This finding is not applicable because the lot is not located in the hillside
residential district and the 9.2% average slope does not qualify the site as a hillside lot.
Environmental Determination: The project is categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New
Construction or Conversion of Small Structures”, of the Public Resources Code (CEQA). This
exemption allows for the construction of up to three single-family residences and no exception to
that exemption applies.
ATTACHMENTS:
1. Resolution of Approval
2. Public Notice
3. Neighbor Comment Forms
4. Development Plans (Exhibit "A")
Application No. PDR 14-0018; Brookwood Lane (vacant) / 503-23-028 Page 5 of 5
166
RESOLUTION NO: 14-038
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
APPROVING DESIGN REVIEW APPLICATION PDR14-0018
FOR A NEW TWO STORY SINGLE FAMILY RESIDENCE
LOCATED AT BROOKWOOD LANE (VACANT) / 503-23-028
WHEREAS, on July 9 , 2014 an application was submitted for Design Review approval of
a new home on an 18,290 square foot vacant lot. The new two-story home will be 4,779 square feet
in area and 25 feet-six inches in height. The application includes a secondary dwelling unit enclosed
within the primary dwelling unit. The project qualifies for the city’s 10% floor area bonus and
waiver of an enclose garage space because the second dwelling unit will be deed restricted so that it
may only be rented to below market rate households. Six protected trees meet the criteria for
removal. The site is located within the R1-15,000 Residential 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 September 10, 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: Land
Use Goal 13 which provides that the City shall use the Design Review process to assure that new
construction and major additions thereto are compatible with the site and the adjacent surroundings
and 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.
Section 4: The project is consistent with the Saratoga City Code in that site development
follows the natural contours of the site, minimizes grading, and is appropriate given the property’s
natural constraints; most of the protected trees will be preserved while keeping the removal of
protected trees to a minimum; the height of the structure, its location on the site, and its architectural
elements are designed to avoid unreasonable impacts to the privacy of adjoining properties and to
community viewsheds; the overall mass and the height of the structure, and its architectural elements
are in scale with the structure itself and with the neighborhood; the landscape design minimizes
167
Resolution No. 14-038
hardscape in the front setback area and contains elements that are complementary to the
neighborhood streetscape; development of the site does not unreasonably impair the ability of
adjoining properties to utilize solar energy; and the design of the structure and the site development
plan is consistent with the Residential Design Handbook.
Section 5: The City of Saratoga Planning Commission hereby approves PDR14-0018
located on a vacant lot on Brookwood Lane 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 10th day of
September 2014 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Mary-Lynne Bernald
Chair, Planning Commission
168
Resolution No. 14-038
Exhibit 1
CONDITIONS OF APPROVAL
PDR14-0018
BROOKWOOD LANE (VACANT) / 503-23-028
GENERAL CONDITIONS
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.
169
Resolution No. 14-038
5. Compliance with Plans. The development shall be located and constructed to include those
features, and only those features, as shown on the Approved Plans denominated Exhibit "A",
and as conditioned below. All proposed changes to the Approved Plans must be submitted in
writing with plans showing the changes, including a clouded set of plans highlighting the
changes. Such changes shall be subject to approval in accordance with City Code.
6. Building Division Submittal. Four (4) sets of complete construction plans shall be submitted
to the Building Division. These plans shall be subject to review and approval by the City prior to
issuance of Zoning Clearance. The construction plans shall, at a minimum include the
following:
a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A”
on file with the Community Development Department.
b. All additional drawings, plans, maps, reports, notes, and/or materials required by the
Building Division.
c. This signed and dated Resolution printed onto separate construction plan pages.
d. The 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.
170
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, September 10, 2014 at 7:00 p.m.
The Public Hearing 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: Brookwood Lane (vacant) 503-23-028
OWNER/ APPLICANT: Anisha Gupta / Seema Mittal
APPLICATION: PDR14-0018
PROJECT DESCRIPTION: The applicant is proposing a new home on an 18,290
square foot vacant lot. The new two-story home will be 4,779 square feet in area and 25 feet-six
inches in height. The application includes a secondary dwelling unit enclosed within the primary
dwelling unit. The project qualifies for the city’s 10% density bonus because the second dwelling
unit will be deed restricted so that it may only be rented to below market rate households. Six
protected trees meet the criteria for removal.
All interested persons may appear and be heard at the above time and place. If you challenge a
decision of the Planning Commission, 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
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
REPORT TO
THE PLANNING COMMISSION
Meeting Date: September 10, 2014
Application No: ZOA14-0002
Type of Application: Zoning Amendment (Article 15-47)
Water Efficient Landscaping
Location / APN: Citywide
Owner/Applicant: City of Saratoga
Staff Planner: Cynthia McCormick, Planner
STAFF RECOMMENDATION: Staff recommends that the Planning Commission adopt Resolution
No. 14-0036 recommending the City Council adopt the revised Ordinance (Article 15-47)
BACKGROUND:
In March 2014 the Santa Clara Valley Water District (SCVWD) Board of Directors recommended
that local agencies implement mandatory measures to achieve a 20% reduction of 2013 water use
levels through December 31, 2014. On April 2, 2014, the City Council directed staff to prepare a
water conservation ordinance, adapted from the SCVWD model ordinance, to replace the State
Model Water Efficient Landscape Ordinance (MWELO), adopted by the City in 2010.
DISCUSSION:
Two streamlined regional model ordinances were developed by the Bay Area Water Supply and
Conservation Agency (BAWSCA) & the Santa Clara Valley Water District service area working
group (SCVWDWG). Both streamlined model ordinances allow property owners to choose a
simplified plant restriction in lieu of the more cumbersome MWELO water allowance calculations.
Both model ordinances also reduce the applicable landscape size threshold for homeowner
residential projects from 5,000 square feet to 2,500 square feet (or 1,000 square feet in the case of
tier 1 landscapes in the BAWSCA model).
In addition to being easier for applicants to comply with and easier for the City or water purveyor to
implement and enforce, it has been determined that the draft Ordinance (Attachment 1) is at least as
effective as MWELO, for the following reasons:
• The draft Ordinance applies to more applications than MWELO does, because more landscapes
will be subject to the smaller 2,500 square foot threshold.
• Applicants who choose the less cumbersome plant restriction option (as opposed to a water
budget) will be required to demonstrate that at least 80% of the plants in the landscape area are
Page 1 of 2
195
native or low water-use, and that the turf area does not exceed 1,250 square feet, or 25% of the
total landscape area whichever is less; resulting in lower water use landscape designs.
• The draft Ordinance requires dedicated irrigation meters for landscape areas that exceed 5,000
square feet, allowing for better accounting of water use than MWELO which only requires
separate meters for non-residential irrigated landscapes in excess of 5,000 square feet.
• The draft Ordinance includes water budget and landscape parameters and values that are
consistent with MWELO, for, among other things, establishing slope restrictions and width
restrictions for turf, limiting irrigation times, and establishing minimum mulch requirements.
ENVIRONMENTAL DETERMINATION:
These proposed amendments and additions to the City Code relating to the regulation of Water-
Efficient Landscapes are Categorically Exempt from the California Environmental Quality Act
(CEQA) pursuant to the Guidelines for Implementation of CEQA (14 Cal Code §15000 and
following), including but not limited to the following:
(a) CEQA Guideline section 15307 which includes activities that enhance or protect a natural
resource and which applies to regulatory actions, such as these ordinance amendments, taken to
preserve natural resources; and
(b) CEQA Guideline section 15061(b)(3) which provides that CEQA applies only to projects which
have the potential of causing a significant effect on the environment, and that where, as here, it
can be seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment, the activity is not subject to CEQA.
NEXT STEPS: The ordinance is scheduled for a City Council Public Hearing on October 1, 2014.
ATTACHMENTS:
1. Resolution (Attachment 1)
2. Draft Water Efficient Landscape Worksheet (Attachment 2)
3. Draft Landscape and Irrigation Plan Checklist (Attachment 3)
4. Draft Ordinance (Exhibit A)
Application No. ZOA14-0002 Page 2 of 2
196
CITY OF SARATOGA PLANNING COMMISSION
RESOLUTION NO: 14-036
Application ZOA14-0002
Zoning Amendment (Article 15-47) Water Efficient Landscaping
The City of Saratoga Planning Commission finds and determines with respect to the above
described application:
WHEREAS, on May 19, 2010, the City of Saratoga City Council adopted the State of
California Model Water Efficient Landscape Ordinance (“MWELO”) which became effective by
statute on September 10, 2009 in accordance with the Water Conservation in Landscaping Act of
2006 (Assembly Bill 1881) which required cities, counties, and charter cities and charter counties,
to adopt landscape water conservation ordinances.
WHEREAS, In March 2014 the Santa Clara Valley Water District (SCVWD) Board of
Directors recommended that local agencies implement mandatory measures to achieve a 20%
reduction of 2013 water use levels through December 31, 2014; and
WHEREAS, On April 2, 2014, the City Council directed staff to replace the State Model
Water Efficient Landscape Ordinance (MWELO), adopted by the City in 2010, with a more
streamlined Water Efficient Landscaping Ordinance that would be “at least as effective as”
MWELO in conserving water.
WHEREAS, although City Code Article 15-47—Water Efficient Landscaping is more
streamlined and simplified than MWELO, the City of Saratoga finds that it is “at least as effective
as” MWELO for the following reasons: (1) this Ordinance applies to more accounts than MWELO
does because it lowers the size threshold for applicable landscapes from 5,000 square feet to 2,500
square feet, in the case of single-family residences, to better reflect the typical landscaped areas
located within the City of Saratoga’s boundaries; (2) this Ordinance includes a default turf
restriction of 25% of the irrigated area and requires that at least 80% of the plants in non-turf
landscape areas be native plants, low-water using plants, or no-water using plants (unless the
applicant elects to perform a water budget); and (3) this Ordinance expands the requirement for
dedicated irrigation meters to all accounts with landscaping greater than 5,000 square feet.
WHEREAS, the City of Saratoga further finds that this Ordinance is “at least as effective
as” MWELO because it includes water budget parameters and values and landscape parameters that
are consistent with MWELO. By using the same water budget parameters as the MWELO (e.g.,
plant factors, irrigation efficiency), this Ordinance will be as effective as MWELO in developing
landscape water budgets. By using the same landscape parameters as the MWELO for, among
other things, slope restrictions and width restrictions for turf, irrigation times, and minimum mulch
requirements, this Ordinance will be at least as effective as the MWELO in achieving water savings.
WHEREAS, on September 10, 2014, the Planning Commission held a duly noticed Public
Hearing on the amendment to Article 15-47 (Water Efficient Landscaping) at which time all
interested parties were given a full opportunity to be heard and to present evidence and argument.
197
The Planning Commission considered the draft Ordinance, supporting documents, the Staff Report,
CEQA exemption, and all testimony and other evidence presented at the Public Hearing, and
WHEREAS, the Planning Commission recommends that the City Council find that the
amendment to Article 15-47 is consistent with the City of Saratoga General Plan; and
NOW, THEREFORE, the Planning Commission of the City of Saratoga hereby finds,
determines and resolves as follows:
Section 1: The recitals set forth are true and correct and incorporated herein by reference.
Section 2: These proposed amendments and additions to the City Code relating to the regulation of
Water-Efficient Landscapes are Categorically Exempt from the California Environmental Quality
Act (CEQA) pursuant to the Guidelines for Implementation of CEQA (14 Cal Code §15000 and
following), including but not limited to the following: CEQA Guideline section 15307 which
includes activities that enhance or protect a natural resource and which applies to regulatory actions,
such as these ordinance amendments, taken to preserve natural resources; and CEQA Guideline
section 15061(b)(3) which provides that CEQA applies only to projects which have the potential of
causing a significant effect on the environment, and that where, as here, it can be seen with certainty
that there is no possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA.
Section 3: After careful consideration of the staff report, and other materials, exhibits and evidence
submitted to the City in connection with this matter, the Planning Commission of the City of
Saratoga does hereby recommend the City Council approve the amendments to City Code Article
15-47—Water Efficient Landscaping (Exhibit A).
PASSED AND ADOPTED by the City of Saratoga Planning Commission this 10th day of
September 2014 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mary-Lynne Bernald
Chair, Planning Commission
2
198
CITY OF SARATOGA
WATER-EFFICIENT LANDSCAPE WORKSHEET
Landscape Type Design Measures Project Compliance
Plant
Water Use At least 80% of non-turf areas are native or low water use plants, as classified by
the Department of Water Resources Water Use Classifications of Landscape
Species (WUCLOS).
□ Yes
□ No [water budget required]
Turf Total turf area does not exceed 25% of landscape area, or 1,250 sf,
whichever is less.
□ Yes
□ No [water budget required]
Hydrozones Plants with similar water needs are grouped within hydrozones AND irrigation
for each hydrozone are controlled by a separate valve.
□ Yes
□ No [water budget required]
Irrigation
System
Systems are designed and maintained to minimize water waste (runoff,
overspray, etc) AND low-volume irrigation is utilized in non-turf areas AND
overhead (spray) irrigation only occurs between 8:00pm and 10:00am.
□ Yes
□ No [water budget required]
Soil A minimum of 8 inches of non-compacted topsoil is in planted areas. □ Yes
□ No [water budget required]
Soil amendments, such as compost or fertilizer, is as needed per project site
soil conditions and based on what is appropriate for selected plants.
□ Yes
□ No [Provide written explanation]
Mulch A minimum 2-inch layer of mulch is applied on all exposed soil surfaces of
plant areas, except in areas of direct seeding application (e.g. hydro-seed).
□ Yes
□ No [Provide written explanation]
Site Address: ___________________ Name: ________________ Phone: _____________ Email: _______________
Required Submittals (check if completed)
□ Water-Efficient Landscape Worksheet (this form)
□ Landscape and Irrigation Plans
□ Water Budget (NOT needed if plant restriction option is chosen)
□ Landscape Plan-Check Fee (NOT needed if plant restriction option is chosen)
□ Certification of Completion (prior to final building permit issuance)
Total Landscape Area: ____________sf
Turf Area: ____________sf
Non-Turf Plant Area: ____________sf
Special Landscape Area: ___________sf
Water Feature / Wet Surface: _______sf
(fountain, waterfall feature, pool, spa, …)
Landscape area: All planting areas, turf, and water features in a
landscape installation. Does not include building footprints,
sidewalks, driveways, parking lots, decks, patios, gravel or stone
walks, other hardscapes, other non-irrigated areas designated for
non-development (e.g., open spaces, existing wildland).
Turf area: Ground cover surface consisting of non-native grass
species that is customarily mowed.
Special landscape area: An area of the landscape dedicated solely
to edible plants, areas irrigated with recycled water, and/or water
features using recycled water.
I certify that the information provided on this checklist is correct, and I understand that any changes to
the project or new information in conflict with the answers on this form will necessitate a new Worksheet.
X _______________________________________________________ ________________
Signature of Project Applicant or Authorized Representative Date
199
Hydrozone: A portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or
non- irrigated.
Low water use plant: Species classified as “very low water use” and “low water use” by the Department of Water
Resources Water Use Classifications of Landscape Species (WUCLOS), having a regionally adjusted plant factor of 0.0
through 0.3, are considered low water use plants. A low water use plant is compatible with local climate and soil
conditions and does not require regular supplemental irrigation to sustain the plant after it has become established.
Low-volume irrigation: The application of irrigation water at low pressure through a system of tubing or lateral lines
and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically
designed to apply small volumes of water slowly at or near the root zone of plants.
Native plant: For the purpose of City Code Article 15-47, a native plant is a plant indigenous to the coastal ranges of
Central and Northern California, and more specifically plants that are suited to the ecology of the present or historic
natural community of Saratoga.
Water feature: A landscape design element where open water performs an aesthetic or recreational function. Water
features include ponds, fountains, waterfalls, artificial streams, and residential spas and swimming pools.
Wet surface area: The surface area of that portion of a water feature that functions to contain water, such as the
water surface of a swimming pool, spa, or garden pond. For a fountain or other feature with flowing water, wet
surface area shall be measured as a two dimensional plane bounded by the perimeter of the area where water has
been designed to flow.
Maximum Applied Water Allowance (MAWA) (gallons per year):
Standard MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)]
Where:
ETo = Reference Evapotranspiration (inches per year)
0.62 = Conversion Factor (acre-inches to gallons)
0.7 = Reference Evapotranspiration Adjustment Factor (ETAF)
LA = Landscape Area including SLA (square feet)
0.3 = Additional Water Allowance for SLA
SLA = Special Landscape Area (square feet)
Alternative MAWA = (ETo - Eppt) (0.62) [(0.7 x LA) + (0.3 x SLA)]
for projects using effective precipitation for tracking water use where ETAF = 0.3
Audited MAWA = (ETo) (0.62) (LA) (0.8)
for audited existing landscapes (over 1 acre) with dedicated irrigation meters where ETAF = 0.8
Estimated Total Water Use per year (ETWU) (gallons):
Where:
ETo = Reference Evapotranspiration (inches)
PF = Plant Factor from WUCOLS
HA = Hydrozone Area [high, medium, and low water use areas](square feet)
SLA = Special Landscape Area (square feet)
0.62 = Conversion Factor
IE = Irrigation Efficiency (minimum 0.70)
+=SLAIE
HAxPFEToETWU)62.0)((
200
CITY OF SARATOGA COMMUNITY DEVELOPMENT DEPARTMENT
REQUIREMENTS FOR LANDSCAPE AND IRRIGATION PLANS (2014)
It is essential that all applicable items below are submitted with the application to avoid delays.
1. COVER SHEET – Include all of the following information (regardless of duplication elsewhere
a. Assessor’s Parcel Number
b. Address of Project
c. Owner’s Name
d. Project contact Information Name, Address, Email, Telephone Number
e. Date of drawing and subsequent revisions
f. Irrigation water source (e.g. municipal, well, recycled),
g. Retail water purveyor (if applicable)
h. **Authorized Plan Preparer’s Name, Address Telephone Number, and Credentials (see below)
i. Authorized Plan Preparer’s Statement: “The Landscape and Irrigation Plans comply with City
Code Article 15-47 and the Water-Efficient Design Criteria provided in the City of Saratoga
Requirements for Landscape and Irrigation Plans document” [see pg. 3 & 4 of this document]
**The landscape design portion shall be prepared by, and bear the signature of, a licensed
landscape architect, licensed landscape contractor, or any other person authorized by the
State of California to design a landscape.
**The irrigation design portion shall be prepared by, and bear the signature of, a licensed
landscape architect, certified irrigation designer, licensed landscape contractor, or any other
person authorized by the State of California to design an irrigation system.
j. Landscape Area Summary Table
Total Landscape Area: ____________sf
Turf Area: ____________sf
Non-Turf Plant Area: ____________sf
Special Landscape Area: ___________sf
Water Feature / Wet Surface: _______sf
Landscape area: All planting areas, turf, and water features in a
landscape installation.
Turf area: Ground cover surface consisting of non-native grass
species that is customarily mowed.
Special landscape area: An area of the landscape dedicated
solely to edible plants, areas irrigated with recycled water,
and/or water features using recycled water.
k. Plant Restriction Certification Table. (Any NO answers will require a water budget)
□ Yes - At least 80% of non-turf areas are native or low water use plants, as classified by WUCLOS
□ Yes - Total turf area does not exceed 25% of landscape area, or 1,250 sf, whichever is less
□ Yes - Plants with similar water needs are grouped within hydrozones
□ Yes - Irrigation for each hydrozone is controlled by a separate valve
□ Yes - Systems are designed & maintained to minimize water waste (e.g., runoff, overspray)
□ Yes - Low-volume irrigation is utilized in non-turf areas
□ Yes - Overhead (spray) irrigation only occurs between 8:00pm and 10:00am
□ Yes - A minimum of 8 inches of non-compacted topsoil is in planted areas
□ Yes - Soil additives (e.g., compost, fertilizer) is as needed per soil conditions /plant selection
□ Yes – 2”+ mulch is applied on all exposed plant area soil surfaces, except direct seeding areas
Page 1 of 4
201
2. Landscaping. The landscape portion of the Plan shall include the following at a minimum:
a. Directional Arrow and Scale
b. Identification of pertinent site factors such as sun exposure, microclimate, drainage,
topography, stormwater features, etc.
c. Proposed grading
d. Existing landscape features to be removed
e. Property lines, setbacks, footprint of all structures, and underground/above-ground utilities
f. All proposed and existing to remain hardscape (both pervious and impervious surfaces)
g. Percent of hardscape in the front setback area
h. All proposed and existing to remain fencing, walls, retaining walls, etc.
i. All proposed and existing to remain water features and wet surface areas (e.g., spa, fountain)
j. Common name and trunk diameter of all existing trees whose trunk circumference is greater
than six (6) inches, measured 54 inches above grade
k. Special landscape areas (planting areas, turf, and water features in a landscape installation)
l. Location, type, and application depth of mulch
m. Layout/spacing of proposed plantings based on species and size at maturity (legend symbol)
n. General notes, planting notes
o. Delineate and label each hydrozone, and identify the water needs category as low water,
moderate water, high water, or mixed (low/moderate), as defined by the Department of
Water Resources Water Use Classifications of Landscape Species (WUCOLS)
p. Table with the following information for all plants to be installed as part of project:
(1) Legend symbol
(2) Common name
(3) Botanical name
(4) Container size
(5) Quantity
(6) Type (e.g. grass, succulent, shrub)
(7) Water needs category as defined by WUCOLS
(8) Unique physical specifications (e.g., bare-root, field-potted, multi-trunk)
(9) Seed mix, if applicable
3. Irrigation. The irrigation portion of the Plan shall include the following at a minimum:
a. Location, type and size of all components of the irrigation system, including controllers, main
and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick
couplers, pressure regulators, and backflow prevention devices
b. Static water pressure at the point of connection to the public water supply
c. Flow rate (gallons per minute), application rate (inches per hour), and design operating
pressure (pressure per square inch) for each station
d. Irrigation schedule
e. Location and size of separate water meters for landscape (if applicable)
4. Water Budget. For projects not meeting the plant type restriction, a water budget is required and
shall adhere to the requirements in City Code Section 15-47.030, including but not limited to:
a. The water budget must be completed by an authorized certified professional
b. The MAWA, ETWU, and reference evapotranspiration adjustment factor (ETAF) shall be
calculated using the equation provided on the Water Efficient Landscape Worksheet
c. The sum of the ETWU calculated for all hydrozones shall not exceed the MAWA
d. The plant factor used shall be from WUCOLS
e. All water features shall be calculated as a high water use
f. All Special Landscape Areas and their water use shall be included in the water budget
g. Irrigation system efficiency shall be greater than or equal to 70%
h. Effective precipitation (25% of annual precipitation) and the alternative MAWA equation
provided on the Water Efficient Landscape Worksheet may be used in tracking water use
PLEASE NOTE THAT FRONT YARD AND EXTERIOR YARD LANDSCAPING
MUST BE INSTALLED PRIOR TO GETTING FINAL BUILDING PERMIT SIGN-OFF
Page 2 of 4
202
Water-Efficient Design Criteria
The Landscape and Irrigation Plans shall conform to the following criteria:
A) Plant Material:
1) Plants shall be chosen and arranged appropriately based upon the site’s climate, soil
characteristics, sun exposure, wildfire susceptibility and other factors. Plants with similar
water needs shall be grouped within hydrozones.
2) At least 80% of the plants in non-turf landscape areas shall be native plants, or low water
using plants, unless the project applicant develops a water budget and the ETWU of the
landscaped area does not exceed the MAWA.
3) The turf area shall not be more than 25% of the landscape area, or 1,250 square feet,
whichever is lesser in area, unless the project applicant develops a water budget and the
ETWU of the landscape area does not exceed the MAWA
4) Turf shall not be planted on slopes greater than 25%.
5) Turf areas shall not be less than eight feet wide.
6) The horticultural attributes of plant species (e.g., mature plant size, invasive roots, and
structural attributes) shall be considered, in order to minimize the potential for damage to
property or infrastructure (e.g., buildings, septic systems, sidewalks, power lines).
7) Fire-prone plant materials and highly flammable mulches are strongly discouraged. In areas
designated wildland urban interface, plants shall be selected, arranged and maintained to
provide defensible space for wildfire protection, in conformance with Public Resources Code
Section 4291.
8) Installation of invasive plant species shall be prohibited.
9) Existing invasive plants and noxious weeds within or adjacent to the proposed landscape area
shall be removed prior to installation.
10) The architectural guidelines, conditions, covenants or restrictions of a common interest
development shall not supercede City Code Article 15-47 by either prohibiting low water use
plants, or including conditions that have the effect of restricting low water use plants.
B) Soil, Conditioning, and Mulching:
1) At the time of installation, a minimum of eight (8) inches of non-compacted topsoil shall be
available for water absorption and root growth in planted areas. This requirement may be
waived where a landscape professional has determined that practical limitations (e.g., slope,
geotechnical factors), necessitate a lesser soil depth that is viable for chosen plant materials.
2) Soil amendments, such as compost or fertilizer, shall be appropriately added according to the
soil conditions at the project site and based on what is appropriate for the selected plants.
3) A minimum two (2)-inch layer of mulch shall be applied on all exposed soil surfaces of
planting areas, except in areas of direct seeding application (e.g. hydro-seed).
4) Stabilizing mulching products shall be used on slopes.
C) Hydrozones:
1) Hydrozones shall group plant materials of similar water use, and shall generally demarcate
areas of similar slope, sun exposure, soil, and other site conditions appropriate for the
selected plants.
2) The flow of water to each hydrozone shall be controlled by a separate valve.
3) Sprinkler heads and other emission devices shall be selected based on what is appropriate for
the plant type within that hydrozone.
4) Within a hydrozone, low and moderate water use plants may be mixed, but all plants within
that hydrozone shall be classified as moderate water use for MAWA calculations. High water
use plants shall not be mixed with low or moderate water use plants.
(Continued next page)
Page 3 of 4
203
D) Water Features:
1) Recirculating water systems shall be used for water features.
2) The wet surface area of a water feature shall be counted as a high water use for purposes of
a water budget calculation, except as provided in subsection 3, below.
3) The surface area of a pool or spa with a cover shall be counted as a medium water use for
purposes of a water budget calculation.
E) Irrigation System:
1) An irrigation system shall meet all the requirements listed in this section and the
manufacturers’ recommendations.
2) The irrigation system and its related components shall be planned and designed to allow for
proper installation, management and maintenance.
3) Dedicated landscape water meters shall be required for landscape areas exceeding 5,000 SF,
except for installations where irrigation water is provided by an individual onsite well.
4) Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data
for irrigation scheduling are required.
5) Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation
operation during unfavorable weather conditions shall be required on all irrigation systems.
6) The irrigation hardware for each hydrozone shall include a separate valve. Where feasible,
trees shall be placed on separate valves from shrubs, groundcovers, and turf.
7) The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or
other similar conditions.
8) Low-volume irrigation shall be required in mulched areas, in areas with slope greater than
25%, within 24 inches of a non-permeable surface, or in any narrow or irregularly shaped
areas that are less than eight (8) feet in width in any direction.
9) Average irrigation efficiency is assumed to be 70%. Irrigation systems shall be designed,
maintained, and managed to meet or exceed 70% average landscape irrigation efficiency.
10) Irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m., unless unfavorable weather
prevents it or otherwise renders irrigation unnecessary. Operation of the irrigation system
outside the normal watering window is allowed for auditing and system maintenance.
F) Wildfire Management. The plant list shall exclude plant types that increase wildfire susceptibility.
In areas designated wildland urban interface, the plan shall demonstrate that plants have been
selected and arranged to provide defensible space for wildfire protection, in conformance with
Public Resources Code Section 4291.
G) Storm Water Management. Storm water best management practices shall be incorporated as
appropriate into the landscape installation; the details of which shall be shown on the landscape
design plan. Installation shall be subject to National Pollutant Discharge Elimination System
(NPDES) storm water discharge permit requirements.
H) Grading. If the landscape project area will be graded, then, at a minimum, grading contours and
quantities shall be shown on the landscape design plan. Grading shall meet all applicable
requirements of the City Code, including permitting requirements for grading in excess of
established thresholds. A geotechnical engineer should be consulted prior to the installation of
landscaping materials and irrigation hardware on slopes greater than 50%, or in any areas where
slope stability may be compromised.
Page 4 of 4
204
ORDINANCE __________
AN ORDINANCE AMENDING SARATOGA CITY CODE
ARTICLE 15-47 (WATER EFFICIENT LANDSCAPING) AND INCLUDING,
ADOPTION BY REFERENCE OF WATER USE CLASSIFICATION
OF LANDSCAPE SPECIES PLANT FACTORS PUBLISHED BY THE
UNIVERSITY OF CALIFORNIA COOPERATIVE EXTENSION AND THE
CALIFORNIA DEPARTMENT OF WATER RESOURCES
THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY ORDAINS AS FOLLOWS:
Findings
The City Council finds and declares as follows:
1. The City of Saratoga wishes to amend the City Code to update and expand coverage for the
policies contained in the City’s existing Water Efficient Landscaping Ordinance.
2. These amendments were considered by the Planning Commission of the City of Saratoga
after a duly noticed public hearing on September 10, 2014 and the Planning Commission
recommended adoption of the update to Article 15-47 of the Saratoga City Code.
3. The City Council of the City of Saratoga held a duly noticed public hearing on October 1,
2014 on the proposed ordinance amending City Code Article 15-47 and a second reading of that
ordinance on November 5, 2014, and after considering all testimony and written materials
provided in connection with that ordinance, duly introduced this ordinance, waived the reading
thereof, and duly adopted said ordinance after the second reading thereof.
4. The plant factors used in this Ordinance shall be from the Water Use Classification of
Landscape Species (WUCOLS), adopted by reference as published by the University of
California Cooperative Extension and the California Department of Water Resources and kept on
file and open for inspection with the City Clerk and at the Community Development Department.
After the first reading of the title of this adopting ordinance and of the title of the code to be
adopted thereby (WUCOLS), and of the title of any secondary codes therein adopted by
reference, the City Council scheduled and held a public hearing thereon, after duly giving notice
as required by California Government Code Section 50022.3, which notice stated the time and
place of the hearing and that certified copies of the primary code and also copies of the
secondary codes, if any, being considered for adoption, are on file with the clerk of the City
Council, and are open to public inspection, as well as containing a description which the City
Council deemed sufficient to give notice to interested persons of the purpose of the ordinance
and the subject matter thereof.
ORDINANCE REVISING WATER EFFICIENT LANDSCAPING REGULATIONS 1
205
Therefore, the City Council hereby ordains as follows:
Section 1. Adoption.
The Saratoga City Code is hereby amended by repealing Article 15-47 in its entirety and
replacing it with the following text:
15-47.010 Purpose of Article. The purpose of this Article is to reduce water waste in
landscaping by promoting the use of region-appropriate plants that require minimal supplemental
irrigation, and by establishing standards for irrigation efficiency. This Article implements the
California Water Conservation in Landscaping Act.
15-47.015 Applicability.
(a) The provisions of this Article shall apply to the following:
(1) Any project requiring design review, or other discretionary review, where the cumulative
landscape area (all planting areas, turf, and water features in a landscape) is 2,500 square
feet or greater.
(2) Any permit application with a new or rehabilitated (modified) landscape area that is
2,500 square feet or greater, where the modified landscape area is 50% of the total
landscape area, and the modifications are completed within one year.
(3) Any code compliance matter that has been determined by the Community Development
Department to require a new or rehabilitated landscape area that is 2,500 square feet or
greater.
(4) Any new or rehabilitated cemetery shall be subject to a Water Budget (Section 15-
47.030).
(5) Any existing landscapes area larger than one acre, including a cemetery, shall be subject
to Section 15-47.070.
(b) The provisions of this Article shall not apply to:
(1) Registered local, state or federal historical sites where landscaping establishes a historical
landscape style, as determined by the City Council;
(2) Surface mine reclamation projects that do not require a permanent irrigation system;
(3) Ecological restoration projects that do not require a permanent irrigation system;
(4) Community gardens or plant collections, as part of botanical gardens and/or arboretums
open to the public; or
(5) Agricultural and horticultural commerce (for example, commercial activities such as
farming of grains, wine grapes, vegetables, fruit and nut trees and other agricultural crop
production; greenhouses; nurseries; and floriculture facilities).
ORDINANCE REVISING WATER EFFICIENT LANDSCAPING REGULATIONS 2
206
15-47.020 Demonstration of Landscape Water Efficiency. Unless otherwise specified in this
Article, each project to which this Article is applicable shall demonstrate that the landscape area
complies with Section 15-47.020(a) or Section 15-47.020(b):
(a) Plant Type Restriction. The applicant shall submit for Community Development
Department approval a completed Water Efficient Landscape Worksheet (Section 15-
47.020(b)(1)) and landscape and irrigation design plan (Section 15-47.040) demonstrating
that at least 80 percent of the plants in the landscape area are native or low water-use, and
that the turf area does not exceed 1,250 square feet, or 25 percent of the total landscape area
whichever is less; or
(b) Water Budget Restriction. The applicant shall submit for Community Development
Department approval the following completed documents demonstrating that the estimated
total water use (ETWU) of the landscape area will not exceed the maximum applied water
allowance (MAWA):
(1) Water-Efficient Landscape Worksheet, as provided by the Community Development
Department; and
(2) Water Budget in compliance with the standards in Section 15-47.030; and
(3) Landscape and Irrigation Design Plan in accordance with Section 15-47.040; and
(4) Certificate of Completion. A Certificate of Completion, on such forms as may be
prescribed, shall be filed with the Community Development Department prior to final
building permit approval; and
(5) Landscape Plan-Check Fee. Fees for review and processing of required documents, as
set forth in the fee schedule adopted by the City.
15-47.030 Water Budget Standards. If the applicant elects to comply with Article 15-47
by means of the “Water Budget” restriction, a water budget is required, which shall satisfy the
following requirements:
(a) The water budget must be completed by a certified professional who is authorized by the
State of California to complete a water budget.
(b) The maximum applied water allowance (MAWA) (gallons per year) shall be calculated using
the equations set forth below:
Standard MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)]
Where:
ETo = Reference Evapotranspiration (inches per year)
0.62 = Conversion Factor (acre-inches to gallons)
0.7 = Reference Evapotranspiration Adjustment Factor (ETAF)
LA = Landscape Area including SLA (square feet)
0.3 = Additional Water Allowance for SLA
SLA = Special Landscape Area (square feet)
ORDINANCE REVISING WATER EFFICIENT LANDSCAPING REGULATIONS 3
207
(c) The estimated total water use (ETWU) (gallons) shall be calculated using the equations set
forth below:
Where:
ETo = Reference Evapotranspiration (inches)
PF = Plant Factor from WUCOLS
HA = Hydrozone Area [high, medium, and low water use areas](square feet)
SLA = Special Landscape Area (square feet)
0.62 = Conversion Factor IE = Irrigation Efficiency (minimum 0.70)
(d) The sum of the ETWU calculated for all hydrozones shall not exceed the MAWA.
(e) The reference evapotranspiration adjustment factor (ETAF) for special landscape areas shall
not exceed 1.0. The ETAF for the remaining landscaped area shall not exceed 0.7.
(f) The plant factor used shall be from the Water Use Classification of Landscape Species
(WUCOLS), hereby adopted by reference as published by the University of California
Cooperative Extension, the Department of Water Resources and the Bureau of Reclamation
and kept on file at the Community Development Department.
(g) Each water feature shall be included in the high water use hydrozone.
(h) Each Special Landscape Area (SLA) shall be identified, and its water use included, in the
water budget calculations.
(i) Irrigation system efficiency shall be greater than or equal to 70 percent.
(j) A project applicant may consider effective precipitation (25 percent of annual precipitation)
in tracking water use and may use the alternative MAWA equation set forth below:
Alternative MAWA = (ETo - Eppt) (0.62) [(0.7 x LA) + (0.3 x SLA)] where ETAF = 0.3
15-47.040 Landscape and Irrigation Plan.
(a) The Landscape and Irrigation Plan shall be prepared by, and bear the signature of, a licensed
landscape architect, licensed landscape contractor, or that of a certified or authorized
professional who is authorized by the State of California to complete a water budget, and
shall contain the following statement: “I have complied with the criteria of the City of
Saratoga Water Efficient Landscape Ordinance currently in effect and applied them for the
efficient use of water in the Landscape and Irrigation Plan.”
+=SLAIE
HAxPFEToETWU)62.0)((
ORDINANCE REVISING WATER EFFICIENT LANDSCAPING REGULATIONS 4
208
(b) The Landscape and Irrigation Plan shall constitute an exhibit to, and contain all information
required on the Water Efficient Landscape and Irrigation Plan Checklist, developed by the
Community Development Department, as necessary to demonstrate compliance with Article
15-47, and shall at a minimum:
(1) Identify type and location of all irrigation systems, meters, automated controls, separate
valves, hours of operation, and efficiency levels.
(2) Identify type and location of all plant material, turf and non-turf areas, and mulching.
(3) Identify all hydrozones and special landscape areas.
(4) Identify all hardscapes and water features.
(5) Identify all Low Impact Development (LID) site design measures as required to comply
with any and all stormwater management requirements established by law.
(6) Identify all grading contours and quantities, as applicable.
(7) Identify all dedicated landscape water meters, which shall be required for landscape areas
greater than 5,000 square feet, except for those installations where irrigation water is
provided by an individual onsite well.
(8) Identify all subsurface irrigation or low volume irrigation system(s), which shall be
required for narrow or irregularly shaped areas, including turf, less than eight (8) feet in
width in any direction.
(9) For established landscapes that have dedicated irrigation meters, the maximum applied
water allowance (MAWA) shall be calculated as follows:
Audited MAWA = (ETo) (0.62) (LA) (0.8) where ETAF = 0.8
15-47.050 Landscape and Irrigation Maintenance. As to each project to which this Article
15-47 is applicable, each landscape area shall be maintained in compliance with the standards in
Article 15-47 to ensure water use efficiency, including by inspection; adjustment and repair of
the irrigation system and its components; aerating and dethatching turf areas; replenishing
mulch; fertilizing; pruning; weeding in each landscape area; and removing obstructions to
emission devices.
15-47.060 Stormwater Management. Stormwater best management practices shall be
implemented into each project Landscape and Irrigation Plan and each project Grading Design
Plan to minimize runoff and to increase on-site retention and infiltration and be consistent with
any and all stormwater management requirements established by law.
15-47.070 Provisions for Existing Landscape Areas Over One Acre in Size. Each
property owner of a property containing landscape area(s) over one acre in size, that were
installed prior to adoption of this ordinance, and do not otherwise meet the applicability criteria
of Section 15-47.015, shall:
(a) Cooperate with their water purveyors who may provide water waste prevention
recommendations resulting from a landscape irrigation water use analysis, landscape
irrigation audit, and/or landscape irrigation survey.
ORDINANCE REVISING WATER EFFICIENT LANDSCAPING REGULATIONS 5
209
(b) Maintain irrigation levels not exceeding the standard MAWA equation if the site has a water
meter.
(c) Attain to the greatest extent practicable, taking into account the limitations of the existing
irrigation system and if necessary by retrofitting sprinkler heads, a minimum of 0.7 lower
quarter distribution uniformity for contiguous turf areas that are one acre or more in area.
15-47.080 Penalties. Any violation of this Article shall be subject to enforcement in
accordance with the terms thereof and in addition to any other rights and remedies available to
the City under Chapter 3 of this Code by reason of the same violation.
Section 2. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-
section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section,
sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held
invalid, the City Council declares that it would have adopted the remaining provisions of this
ordinance irrespective of the portion held invalid, and further declares its express intent that the
remaining portions of this ordinance should remain in effect after the invalid portion has been
eliminated.
Section 3. California Environmental Quality Act
These proposed amendments and additions to the City Code relating to the regulation of
Water-Efficient Landscapes are Categorically Exempt from the California Environmental
Quality Act (CEQA) pursuant to the Guidelines for Implementation of CEQA (14 Cal Code
§15000 and following), including but not limited to the following:
(a) CEQA Guideline section 15307 which includes activities that enhance or protect a
natural resource and which applies to regulatory actions, such as these ordinance
amendments, taken to preserve natural resources; and
(b) CEQA Guideline section 15061(b)(3) which provides that CEQA applies only to
projects which have the potential of causing a significant effect on the environment,
and that where, as here, it can be seen with certainty that there is no possibility that
the activity in question may have a significant effect on the environment, the activity
is not subject to CEQA.
ORDINANCE REVISING WATER EFFICIENT LANDSCAPING REGULATIONS 6
210
Section 4. Publication.
This ordinance or a comprehensive summary thereof shall be published in a newspaper of
general circulation of the City of Saratoga within fifteen days after its adoption.
Following a duly noticed public hearing the foregoing ordinance was introduced and read at
the regular meeting of the City Council of the City of Saratoga held on the 1st day of October
2014, and was adopted by the following vote following a second reading on the 5th day of
November 2014.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED: ATTEST:
_________________________________ _____________________________
Emily Lo Crystal Bothelio
MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF SARATOGA
Saratoga, California Saratoga, California
APPROVED AS TO FORM:
____________________________________________
RICHARD TAYLOR, CITY ATTORNEY
ORDINANCE REVISING WATER EFFICIENT LANDSCAPING REGULATIONS 7
211
REPORT TO
THE PLANNING COMMISSION
Meeting Date: September 10, 2014
Application: Annual Code Update (ZOA14-0003)
Location City Wide
Owner/Applicant: City of Saratoga
Staff Planner: Christopher Riordan
RECOMMENDED ACTION:
Recommend the Planning Commission approve the attached resolution recommending that the City
Council adopt an ordinance which includes various amendments to Chapter 15 (Zoning) of the
Saratoga City Code.
BACKGROUND:
Staff maintains a list of proposed changes to Chapter 15 of the City Code (Zoning) and annually
proposes amendments.
The table on the following pages is a summary of topics being addressed with the annual update
to the Zoning Code.
Topic Current Approach and Problem Proposed Changes
1. Definition of
‘Attached’ and
‘Detached’
The terms ‘Attached’ and ‘Detached’ are used
in various contexts in the City Code and their
meanings are evident based on usage. The
definitions for Attached and Detached (City
Code Sections 15-06.070 and 15-06.200) do not
apply to several ways in which the terms are
used in the City Code.
Eliminate City Code Sections 15-06.070
and 15-06.200 which includes definitions
for Attached and Detached and use the
ordinary meanings of the words in
administering the City Code.
2.Definitions of
‘Flag Lot’ and ‘Net
Site Area’
City Code Section 15-06.420(d) ‘Flag Lot’
includes the regulations of what portion of the
site to consider as the length of a flag lot access
corridor. These instructions are more applicable
in the definition of ‘Site’ and should be
relocated to that section of the code.
The definition of ‘Net Site Area’ in City
Code Section 15-06.620(b)(3) has been
modified to include the regulations of what
portion of a flag lot in considered the
access corridor.
3.Definition of
‘Front Lot Line’
The definition of ‘Front Lot Line’ in City Code
Section 15-06.430(a) includes regulations to
determine which lot line of a flag lot is
considered as the front lot line. The text of the
The ‘Front Lot Line’ definition has been
shortened and revised so that it is easier to
determine the front lot line of a Flag Lot.
212
ZOA14-0003
Page 2 of 4
Topic Current Approach and Problem Proposed Changes
current regulations is confusing and has been
difficult to administer.
4. Site Width
Measurements
The definition of Site Width (City Code Section
15-06.620(d) includes the procedure to measure
site width which is confusing and has been
difficult to administer.
City Code Section 15-06.620(d) has been
modified with revised text to simplify the
description of the procedure to measure site
width.
5. Off-Street
Parking
All uses on a site are to comply with the parking
regulations contained in City Code Section 15-
12.140. If a structure does not currently comply
with the parking regulations, the City Code is
not specific if the intensification of a structure is
to comply with the parking standards.
Staff is proposing to add additional text to
City Code Section 15-12.140 ‘Off-Street
parking and loading facilities’ to state that
any expansion of a structure is to comply
with current parking standards.
6. Arborist Reports Arborist reports are required when a project
would require the removal of one or more
protected trees. The physical condition of trees
may change over time and the information
contained in an arborist report could become
obsolete. The City Code does not include
regulations specifying a timeframe when
arborist reports expire.
City Code Section 15-50.130 ‘Arborist
Report’ would be amended to include
regulations stating that arborist reports
would expire 36 months from the date of
the report or upon the date of building
permit expiration, whichever occurs first.
7. Site Coverage in
the R-M zoning
district.
City Code Section 15-17.070 ‘Site Coverage’
states that the maximum net site area covered by
structures in each R-M district is 40%. This
section also includes regulations limiting the
amount of impervious coverage. Site coverage
in the R-M zoning district only refers to
structures so the impervious regulations are not
applicable to this section.
Section 15-17.070 has been modified to
remove regulations limiting the amount of
impervious coverage in the R-M zoning
district.
8. Drive-through
services
Section 15-19.020 ‘General Regulations’ states
that drive-through services are prohibited in all
commercial districts. This is inconsistent with
the CN(RHD) regulations which states that such
uses are conditionally permitted.
Section 15-19.020 would be modified to
state that drive-through services are not
permitted in commercial districts with the
exception of the CN(RHD) zoning district.
9. Fences and
Hedges
The title of Article 15-29 is ‘Fences and
Hedges’. The City Code article which includes
fence regulations does not include any
regulations pertaining to hedges.
The word ‘Hedges’ would be removed
from the title of Article 15-29.
10. Fence Height
Regulations
Section 15-29.010(4) states that fences are
permitted to their maximum height within the
front setback area of flag lots and for any other
lot without street frontage where a front lot line
abuts an adjoining lots side or rear property line.
Staff would like to clarify the text of the
existing requirements so that they are easier to
administer.
Staff is proposing to shorten and simplify
the text of Section 15-29-010(4) to more
clearly specify where maximum fence
heights are permitted for flag lots and for
lots without street frontage.
213
ZOA14-0003
Page 3 of 4
Topic Current Approach and Problem Proposed Changes
11. Allowable Sign
Square Footage per
Tenant Space in
Commercial
Districts
The regulations pertaining to building signage
in City Code Sections 15-30.070 ‘Village Sign
District’, 15-30.080 ‘Prospect Sign District’, 15-
30.090 ‘Quito Sign District’, 15-30.100
‘Saratoga-Sunnyvale Sign District’ states that
all building signs upon any one building shall
not exceed one-half square foot for each lineal
foot of tenant frontage, or 40 square feet,
whichever is less. Most retail buildings contain
multi-tenant store fronts so maximizing the
overall building signage at 40 square feet could
result in individual tenants having very limited
potential for building signage.
City Code Sections 15-30.070 ‘Village
Sign District’, 15-30.080 ‘Prospect Sign
District’, 15-30.090 ‘Quito Sign District’,
15-30.100 ‘Saratoga-Sunnyvale Sign
District’ would be modified to specify that
the primary building sign for any one
tenant is limited to one-half square foot for
each lineal feet of tenant space, or 40
square feet, whichever is less.
12. Off-Street
Parking
Requirements.
When calculating the required number of off-
street parking spaces required for a specific
use, City Code Section 15-35.020(b) states
that one parking space shall be provided for a
fraction of one-half or more, and no parking
spaces shall be required for a fraction of less
than one-half. This section can be simplified
by just stating that parking number
calculations with fractions greater than one-
half shall be rounded up to the next whole
number.
Section 15-35.020(b) would be modified
to state that when calculating the required
number of parking spaces required for a
specific use, a fractional number greater
than one-half is to be rounded up to the
next whole number
13. Administrative
Design Review for
Single-Family
Homes
Code Section 15-45.065 includes the
requirements for residential building
construction to qualify for Administrative
Design Review. Staff would like to clarify
Section 15-45.065(4) to state that Design
Review is applicable to projects that not just
add to, but that also ‘reconstruct’ more that
50% of a projects existing footprint.
City Code Section 15-45.065would be
modified to include projects that qualify
for Administrative Design Review as
those projects that ‘reconstruct’ an
existing structure by modifying more than
50 percent of the existing building
footprint.
14. Landscape and
Irrigation Plans for
Design Review
projects
City Code Section 15-45.070(a)(9) lists the
requirements to be included in a landscape
plan for a Design Review project which are
not consistent with City Code Section 15-
12.095 (Landscaping). The City has adopted
Water Efficient Landscape regulations but the
landscape and irrigation plan requirements
make no reference to these requirements
Modify Section 15-45.070(a)(9) to be
consistent with other sections of the City
Code and to require that landscape and
irrigation plans include the necessary
information to comply with the Water
Efficient Landscape regulations
15. Parking ratios
for off-street
parking and loading
facilities
Code Section 15-35.035(b) includes
regulations to determine the number of
parking spaces within a City parking district.
These regulations are repetitive as they are
also contained in Sections 15-35.020(b)
[Fractional numbers] and 15-35.020(e) [Floor
area calculations]
City Code Section 15-35.035(b) would be
removed in its entirety as the regulations
are a repeat of other sections of the City
Code.
214
ZOA14-0003
Page 4 of 4
Topic Current Approach and Problem Proposed Changes
16. Statement of
Acknowledgement
of Legal
Nonconforming
Status
The City Code provides a process for a
property owner to request a determination
regarding nonconforming status but does not
specify the form in which that determination
may be made. The Code also establishes a
formal “Statement of Acknowledgement of
Legal Nonconforming Status” to delineate the
scope of nonconformity and the operation of
the Code in that regard but does not reference
this document in connection with the property
owner request process.
City Code Sections 15-65.020(i) and 15-
65.030(a) would be modified to specifically
authorize issuance of a Statement of
Acknowledgement of Legal
Nonconforming Status upon property
owner request pursuant to 15-65.030(a).
17. Special rules for
accessory structures
in residential
districts.
City Code Sections 15-80.030(a) and (b)
includes provisions prohibiting stables and
corrals and swimming pools in setback areas
refer to approval by the Community
Development Director. Because the uses are
not allowed, there is no basis for such
approval by the Community Development
Director
City Code Sections 15-80.030(a) and (b)
would be modified to delete references to
Community Development Director
approval.
18. Early Warning
Alarm Systems
City Code Section 15-80.090 includes
provisions pertaining to the Early Warning
Alarm System (EWAS). Provisions pertaining
to EWAS are located in several sections and
chapters of the City Code which can make it
difficult to ensure the requirements are
implemented in a consistent manner.
City Code Section 15-80.090 would be
deleted in its entirety. The Early Warning
Alarm System requirements will be
consolidated in Article 16-60 (Building
Regulations – Early Warning Alarm
Systems).
19. Permanent
Conditions of
Approval
In 2004 the City established a formal system
for tracking permanent conditions of approval.
This system did not address permanent
conditions that may have been imposed prior
to that time.
Amend Section 15-80.120 to provide that
conditions of approval issued prior to
November 22, 2004 and designated as
permanent or for some other specific term
shall be applied in accordance with their
terms.
ATTACHMENTS:
1. Resolution recommending that the City Council approve the proposed amendments to Chapter
15 Zoning Regulations.
215
CITY OF SARATOGA PLANNING COMMISSION
RESOLUTION NO: 14-041
Application ZOA14-0003
Amendments to Chapter 15 of the City Code
The City of Saratoga Planning Commission finds and determines as follows with respect to
the above-described application:
WHEREAS, during the review and implementation of Chapter 15 of the City
Code (Zoning), staff identifies specific code sections which are inconsistent with other
sections of the Zoning Code, are difficult to interpret, or have been preempted by changes
to California law. The current review has identified proposed amendments to various Code
sections shown in Exhibit A.
WHEREAS, on September 10, 2014, the Planning Commission held a duly noticed
Public Hearing on the legislation described above at which time all interested parties were
given a full opportunity to be heard and to present evidence and argument. The Planning
Commission considered the amendments, staff report, correspondence, presentations from
the public, and all testimony and other evidence presented at the Public Hearing.
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 legislation described in the recitals is categorically exempt from
the California Environmental Quality Act (CEQA) pursuant to Public Resources Code
Sections 15061(b)(3). CEQA applies only to projects which have the potential of causing
a significant effect on the environment. Where it can be seen with certainty that there is
no possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA. In this circumstance, the minor
amendments are clarifying only and would have a de minimis impact on the environment.
Section 3: After careful consideration of the staff report and other materials,
exhibits and evidence submitted to the City in connection with this matter, the Planning
Commission of the City of Saratoga does hereby recommend to the City Council to amend
the City Code as shown in Exhibit A.
216
2
Application No. ZOA14-0003
PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 10th
day of September 2014 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Mary-Lynne Bernald
Chair, Planning Commission
Attachment:
Exhibit A – Proposed Zoning Code Amendments
217
Exhibit A
1
PLANNING COMMISSION RECOMMENDED AMENDMENTS TO VARIOUS
SECTIONS OF CHAPTER 15 OF THE SARATOGA CITY CODE
The Planning Commission recommends that the Saratoga City Code be amended as set forth below.
Text to be added is indicated in bold double-underlined font (e.g., bold double-underlined) and text to
be deleted is indicated in strikeout font (e.g., strikeout). Text in standard font is readopted by this
ordinance.
1. Delete Definition of ‘Attached’ and ‘Detached’
15-06.070 Attached.
"Attached" means anything which is: (a) physically connected to a main structure; (b) and an
integral part of a main structure; and (c) included in the floor area determination for a main structure,
as described in Article 15-06.The term may include components of a structure joined together by a
common wall, floor or ceiling.
15-06.200 Detached.
"Detached" means a building or structure which is not attached to any other building or structure.
2. Definition of ‘Flag Lot’
15-06.420 Lot.
"Lot" means a parcel of land consisting of a single lot of record.
(a) Lot of record means a lot which is part of a subdivision and shown on a map thereof as
recorded in the office of the County Recorder, or a legally created parcel of land described by metes
and bounds or shown on a parcel map which has been so recorded.
(b) Corner lot means a lot situated at the intersection of two or more streets, or bounded on two
or more connected sides by street lines.
(c) Interior lot means a lot other than a corner lot.
(d) Flag lot means a lot having access to a street by means of a private driveway or corridor of
land not otherwise meeting the requirements of this Chapter for site width. The length of a corridor
access shall be measured from the frontage line to the nearest point of intersection with that property
line parallel or most nearly parallel to the frontage line.
(e) Hillside lot means a lot having an average slope of ten percent or greater.
(f) In-fill lot means a lot surrounded by other developed lots in at least three out of four
northern, southern, eastern or western directions.
(g) Reversed corner lot means a corner lot, the side lot line of which is substantially a
continuation of the front lot line of the first lot to its rear.
218
Exhibit A
2
(h) Double frontage lot means an interior lot having frontage on two parallel or approximately
parallel streets.
3. Definition of ‘Front Lot Line’
15-06.430 Lot line.
"Lot line" means any boundary of a lot.
(a) Front lot line means, on an interior lot, the lot line abutting a street, or, on a corner lot, the
shortest dimension of the lot fronting the street, or, on a double frontage lot, the lot line abutting the
street providing the primary means of access to the lot, or, on a flag lot, the interior lot line most
parallel to and nearest the street providing site access unless the average depth of the lot exceeds
its average width in which case the front lot line shall be the interior lot line with the shortest
dimension. from which the means of access is obtained, except that where the average width of a
flag lot exceeds its average depth and the longer dimension is considered the depth, the front lot line
will be the property line from which the front yard is measured.
(b) Rear lot line means the lot line not intersecting a front lot line which is most distant from
and most closely parallel to the front lot line. A lot bounded by only three lot lines will not have a
rear lot line.
(c) Side lot line means any lot line which is not a front or rear lot line.
(d) Interior lot line means any lot line not abutting a street.
(e) Exterior lot line or street lot line means any lot line abutting a street.
(f) The Community Development Director may assign or designate lot lines for irregular-shaped
parcels or lots that do not have frontage, as defined in Section 15-06.290.
4. Definition of ‘Site’
15-06.620 Site.
"Site" means a lot, as defined in Section 15-06.420.
(a) Gross site area means the total horizontal area included within the property lines of a single
site.
(b) Net site area means that portion of gross site area remaining after deducting therefrom the
following:
(1) Any portion of a site within the right-of-way of an existing public or private street, road or
access easement, except an emergency access street;
219
Exhibit A
3
(2) Any portion of a site within the proposed right-of-way of a future street (except an
emergency access street), as shown on an approved tentative subdivision map or a recorded
subdivision map;
(3) The portion of a flag lot constituting the access corridor where the length of the corridor is
measured from lying between the front lot line and to the frontage line of the corridor at the street;
(4) Any portion of a site within an easement to the Santa Clara Valley Water District;
(5) Those areas which are classified by the City Geologist as "Md"; and
(6) Any quarries, unless shown to be suitable for development, as determined by a detailed
geotechnical analysis approved by the City Geologist.
(c) Site frontage means the length of the front lot line.
(d) Site width means the horizontal distance between side lot lines, measured from the
intersection of the midpoint of the front lot line and the midpoint of the rear lot line or to the
midpoints of the intersecting side lot lines where there is no rear lot line. at right angles to the
site depth at a point midway between the front and rear lot lines, or if there is no rear lot line, at the
midway points of the intersecting side lot lines.
(e) Site depth means the horizontal distance from the midpoint of the front lot line to the
midpoint of the rear lot line, or to the most distant point on any other lot line where there is no rear
lot line.
(f) Site coverage means the percentage of net site area covered by impervious surfaces
including all structures, open or enclosed, or projections of structures.
5. Off-Street Parking Requirement for Single Family Residential Districts
15-12.140 Off-street parking and loading facilities.
Off-street parking and loading facilities shall be provided for each use on the site, in
accordance with the regulations set forth in Article 15-35 of this Chapter. Any permitted
intensification of a use or expansion of a structure must comply with current parking
standards.
6. Arborist Reports
15-50.130 Arborist Report
An Arborist Report shall be required for any application for discretionary development approval
that would require the removal of one or more trees protected by this Chapter and for any other
projects where the Community Development Director determines it is necessary. The Community
Development Director may require any Arborist Report (or portion thereof) to be reviewed by the
City Arborist. The Arborist Report and any review of it by the City Arborist required by the
220
Exhibit A
4
Community Development Director shall be at the sole expense of the applicant. Arborist reports
shall expire thirty-six months from the date of the report or upon the expiration of the building
permit for the project for which the arborist report was prepared, whichever occurs later.
7. Site Coverage Limit in the R-M zoning district
15-17.070 Site coverage.
The maximum net site area covered by structures in each R-M district shall be forty
percent. Solid surface decks and compacted surfaces made of porous materials used for walkways,
driveways and patios will be counted at only fifty percent of the total area of such surfaces for
determining the calculation of site coverage within this Section.
8. Drive-through Services only Permitted in the CN(RHD) Zoning District
15-19.020 General regulations.
The following general regulations shall apply to all commercial districts in the City:
[No changes to subsections (a) and (b).]
(c) Expressly prohibited uses. Without limiting the application of Section 15-05.055(a) of this
Chapter, the following uses are expressly declared to be prohibited in all commercial districts:
(1) Any use which emits air pollutants, solid or liquid wastes, radioactivity, or other discharge
which endangers human health or causes damage to animals, vegetation or property.
(2) Any use which creates offensive odor, vibration, glare or electrical disturbance, detectable
beyond the boundaries of the site, or creates a hazard of fire or explosion.
(3) Any use involving drive-through service, such as restaurants and financial institutions with
drive-through windows in all commercial districts with the exception of the CN(RHD) zoning
district.
(4) Any use involving automotive body work, such as collision repair, painting, dismantling or
customizing.
(5) Mini-storage facilities.
(6) Outdoor sales or storage of motor vehicles.
221
Exhibit A
5
9. Remove the Word ‘Hedge’ from the Title of Article 15-29 (Fences and Hedges)
Article 15-29 FENCES AND HEDGES
Sections:
15-29.010 Height restrictions.
15-29.020 Fencing within hillside districts.
15-29.030 Fencing adjacent to commercial districts.
15-29.040 Fencing to mitigate noise from certain arterial streets.
15-29.050 Fencing adjacent to scenic highways.
15-29.060 Barbed wire and electrified wire prohibited.
10. Height of Fences for Lots without Street Frontage
15-29.010 Height restrictions.
[No changes to section (a)]
(b) Front setback area. No fence located within any required front setback area shall exceed
three feet in height.
(c) Exterior side setback area of reversed corner lots. No fence located within any required
exterior side setback area of a reversed corner lot shall exceed three feet in height.
(d) Exceptions. The height limitations do not apply to the following circumstances:
(1) Wrought iron entrance gates within the front setback area, designed with openings to permit
visibility through the same, may extend to a height not exceeding five feet, and shall be located a
minimum of twenty feet from the edge of street pavement.
(2) Safety railings that are required by the California Building Code shall be excluded from the
height requirements of this Section.
(3) Pedestrian entryway elements, such as arbors and trellises, when attached to a fence within a
front setback area or within an exterior side setback area, may be permitted to a maximum height of
eight feet, a maximum width of five feet, and a maximum depth of five feet.
(4) On any lot where the front setback area, or a portion thereof, of the subject property: (1) does
not have street frontage as defined by Section 15-06.290; and (2) the front lot line, or a portion
thereof, of the subject property abuts the side or rear setback area of an abutting property, the
maximum permitted fence height for a side or rear setback area shall be permitted within the front
setback area of the subject property where it abuts the side or rear setback area of an abutting
property. The maximum fence height for a side or rear setback area shall be permitted within
the front setback area of 1) any flag lot; or 2) other lot without street frontage for which the
front lot line abuts the side or rear lot line of an adjoining property.
[No changes to sections (e) through (l)]
222
Exhibit A
6
11. Allowable Sign Square Footage per Tenant Space
15-30.070 Village Sign District.
In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots
in the Village Sign District with a sign permit. Signs on lots in the Village Sign District shall also be
consistent with the Village Design Guidelines.
(a) Building signs.
(1) Primary building signs. Any number of permanent building signs, provided that the aggregate
area of all building signs upon for any one building tenant shall not exceed one-half square foot of
area for each lineal foot of tenant frontage, as defined in Section 15-30.020, or forty square feet,
whichever is less.
(2) Wall signs on buildings with more than one entrance. One permanent building sign, each not
exceeding two square feet in area, over each additional entrance to the building.
[No changes to sections (b) through (d)]
15-30.080 Prospect Sign District.
In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots
in the Prospect Sign District with a sign permit:
(a) Primary building signs. Any number of permanent building signs, provided that the aggregate
area of all building signs upon for any one building tenant shall not exceed one-half square foot of
area for each lineal foot of tenant frontage, as defined in Section 15-30.020, or forty square feet,
whichever is less.
[No changes to sections (b) through (e)]
15-30.090 Quito Sign District.
In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots
in the Quito Sign District with a sign permit:
(a) Primary building signs. Any number of permanent building signs, provided that the
aggregate area of all building signs upon for any one building tenant shall not exceed one-half
square foot of area for each lineal foot of tenant frontage, as defined in Section 15-30.020, or forty
square feet, whichever is less.
[No changes to sections (b) through (e)]
223
Exhibit A
7
15-30.100 Saratoga-Sunnyvale Sign District.
In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots
with nonresidential uses in the Saratoga-Sunnyvale Sign District with a sign permit. Signs on lots
located in the Saratoga-Sunnyvale Road Gateway area shall also be consistent with the Gateway
Design Guidelines.
(a) Primary building signs. Any number of permanent building signs, provided that the
aggregate area of all building signs upon for any one building tenant shall not exceed one-half
square foot of area for each lineal foot of tenant frontage, as defined in Section 15-30.020, or forty
square feet, whichever is less.
[No changes to sections (b) through (d)]
12. Off Street Parking Requirements
15-35.020 General requirements and regulations for off-street parking spaces.
(a) Off-street parking requirements: At the time of initial occupancy of a site or structure or at
the time of an alteration or enlargement of a site or structure, there shall be provided off-street
parking spaces for automobiles in accord with the schedule of off-street parking space requirements
for the type and extent of use at the site or structure as prescribed in Section 15-35.030. For the
purposes of this Section, the term "alteration or enlargement" shall mean a change of use or an
addition which would increase the number of parking spaces required above the total number
required prior to such change or addition.
(b) Fractional numbers: Except as otherwise specifically provided, if, in the application of the
requirements of this Article, a fractional number greater than one-half is obtained, the number of
required parking spaces shall be rounded up to the next whole number. one parking space shall
be provided for a fraction of one-half or more, and no parking space shall be required for a fraction
of less than one-half
[No changes to sections (b) through (k)]
13. Administrative Design Review for Single-Family Homes
15-45.065 Administrative design review.
(a) Pursuant to this Article, the following projects shall receive administrative design review
approval by the Community Development Director prior to issuance of a building permit in any A,
R-1, HR, or R-OS district:
(1) Any new single-story residence or accessory structure greater than two hundred fifty square
feet in floor area.
(2) Any addition to an existing structure that would expand the floor area by more than fifty
percent.
224
Exhibit A
8
(3) Any addition to an existing structure that would expand the second story floor area by one
hundred square feet or more.
(4) Any addition to an existing structure that would modify the footprint by more than fifty
percent.
(5) Any new or enlarged basement.
(6) The reconstruction of fifty percent or more of an existing structure.
(b)The application for administrative design review approval shall comply with Section 15-
45.070. The Community Development Director shall not grant design review approval unless the
findings set forth in Section 15-45.080 have been made.
(c)If the Community Development Director intends to approve the application, a "Notice of
Intent to Approve" will be mailed to all property owners within two hundred fifty feet of the subject
property and to others as deemed appropriate. All interested parties will have fifteen calendar days
from the date of the "Notice of Intent to Approve" in which to review the application and provide
written comments to the Community Development Director. The Community Development Director
shall approve or deny the application within fifteen days of the close of the review period and shall
mail notice of the decision to the applicant and to any party that has requested a copy of such notice.
The Community Development Director's decision is appealable to the Planning Commission within
fifteen calendar days of the Director's decision to approve the application. The Planning Commission
at a public hearing will review any appeal. Notwithstanding, Section 15-45.110 or Section 15-
90.020, the decision of the Planning Commission on the appeal shall be final and not subject to
appeal to the City Council.
(d)If the application is not approved by the Community Development Director, then the applicant
may file an appeal within fifteen calendar days of the Community Development Director's decision
or deadline to render a decision and have the application heard by the Planning Commission at a de
novo public hearing.
14. Application Requirements for Design Review Applications
15-45.070 Application requirements.
(a) Applications for administrative design review approval and design review approval shall be
filed with the Community Development Director on such forms as the Director shall prescribe. An
application shall include the following exhibits:
(1) Site plan showing (i) property lines, (ii) easements and their dimensions, (iii) underground
utilities and their dimensions, (iv) structure setbacks, (v) building envelope, (vi) topography, (vii)
species, trunk diameter at breast height (DBH as defined in Section 15-50.020(g)), canopy driplines,
and locations of all heritage trees (as defined in Section 15-50.020(l), trees measuring at least ten
inches DBH, and all native trees measuring at least six inches DBH on the property and within one
hundred fifty feet of the property, (viii) areas of dense vegetation and (ix) riparian corridors.
225
Exhibit A
9
(2) Any application that proposes new construction two feet or closer to a required setback area
shall include a boundary survey signed by a licensed land surveyor or registered civil engineer
qualified to do property line surveys. Such surveys shall verify the location of all existing property
lines, easements, structures and protected trees, as defined in Section 15-50.020(q).
(3) A statement of energy conserving features proposed for the project. Such features may
include, but are not limited to, use of solar panels for domestic hot water or space heating, passive
solar building design, insulation beyond that required under State law, insulated windows, or solar
shading devices. Upon request, the applicant shall submit a solar shade study if determined
necessary by the Community Development Director.
(4) Elevations of the proposed structures showing exterior materials, roof materials and window
treatment.
(5) Site sections for all projects located on a hillside lot, together with an aerial photograph of the
site if requested by the Community Development Director.
(6) Engineered grading and drainage plans, including cross sections.
(7) Floor plans that indicate total floor area, determined in accordance with Section 15-06.280 of
this Chapter.
(8) Roof plans.
(9) Landscape and irrigation plans for the site, showing the location and type of all landscaped
areas, including: existing trees to remain onsite; new or replacement trees; live plant materials,
decorative landscape materials, water features, hardscape, irrigation systems, and any
additional information necessary to comply with the City’s landscaping or water efficiency
regulations. the location of existing trees proposed to be retained on the site, the location of any
proposed replacement trees, the location and design of landscaped areas, types and quantities of
landscape materials and irrigation systems, appropriate use of native plants and water conserving
materials and irrigation systems and all other landscape features.
(10) Tree Preservation Plan, as required in Section 15-50.140
(11) Preliminary title report showing all parties having any interest in the property and any
easements, encumbrances and restrictions, which benefit or burden the property.
(12) Such additional exhibits or information as may be required by the Community
Development Director. All exhibits shall be drawn to scale, dated and signed by the person preparing
the exhibit. Copies of all plans to be submitted shall consist of two sets drawn on sheets eighteen
inches by twenty-eight inches in size and fifteen reduced sets on sheets eleven inches by seventeen
inches in size.
(13) A geotechnical clearance as defined in Section 15-06.325 of this Code, if required by the
City Engineer.
(14) Such additional exhibits or information as may be required by the Community
Development Director to demonstrate compliance with Article 16-47, Green Building Regulations of
the Saratoga City Code.
226
Exhibit A
10
(b) An application shall be accompanied by the payment of a processing fee, in such amount as
established from time to time by resolution of the City Council.
15. Off Street Parking Requirements for Parking Districts
15-35.035 Parking ratios for off-street parking and loading facilities.
(a)Where a site is located within and constitutes a part of a City parking district, the off-street
parking requirement for each district shall be as follows, regardless of the particular category of use
or uses occupying the site:
District Space Required
No. 1 One space for each 473.5 square feet of floor area.
No. 2 One space for each 380 square feet of floor area.
No. 3 One space for each 350 square feet of floor area, plus any additional square footage allowed
on the site as a result of the acquisition of development rights created by the City upon
formation of Parking District No. 3.
No. 4 One space for each 380 square feet of floor area.
(b) For the purpose of determining the required number of parking spaces for a development
located within a City parking district, the term "floor area" shall not include enclosed or covered
areas used for off-street parking or loading, or interior courts of a building not occupied by a use for
which off-street parking is required; but such floor area shall include any exterior balcony used as
the sole means of access to a business establishment and any basement, or portion thereof, occupied
by a use for which off-street parking is required. If a fractional number is obtained, one parking
space shall be provided for a fraction of one-half or more, and no parking space shall be required for
a fraction of less than one-half.
16. Nonconforming Uses and Structures
15-65.020 Definitions.
[No changes to (a) through (e)]
(f) Nonconforming Structure means a structure lawfully existing on the effective date of a
change in a development standard established by this Code and continuing since that date in
nonconformance to the development standard. The use of this term in this Article shall refer only to
a legal nonconforming structure. A structure that was not originally constructed in conformance with
regulations applicable at the time is not a legal structure.
227
Exhibit A
11
(1) A structure that was not originally constructed in conformance with regulations
applicable at the time in not a legal structure.
(2) A structure that solely lacks the required number of off-street parking facilities, but
otherwise conforms to city code is not considered nonconforming.
[No changes to (g) through (h)]
(i) Statement of Acknowledgment of Legal Nonconforming Status means a document in
form and content approved by the Community Development Director and recorded in the office
of the County Recorder documenting that the extent to which a use or structure on the subject
property is nonconforming, but legal pursuant to the terms of this Article.
[No changes to (j)]
15-65.030 Continuation in general; regulations applicable to nonconforming uses or
structures.
(a) Nonconforming uses and structures may be continued only in conformity with the provisions
of this Article. The owner of property on which a nonconforming use or structure is claimed shall
have the burden of proof in establishing to the satisfaction of the Community Development Director
the nonconforming status claimed. The Community Development Director may charge a fee, as
established in the City Fee Schedule, for the review of evidence submitted to meet the owner's
burden of proof and preparation of a Statement of Acknowledgment of Legal Nonconforming
Status if the evidence demonstrates that a use or structure on the subject property is wholly or
partially nonconforming, but legal pursuant to the terms of this Article. A use or structure that
is not in conformity with the provisions of this Chapter, or that is not a legal nonconforming use or
structure in accordance with this Article, shall constitute a violation of this Code and shall not be
continued.
(b) The following regulations apply to each nonconforming use or structure:
(1) All new construction allowed to occur with respect to a nonconforming use or structure shall
comply with current requirements of Chapter 16 of this Code.
(2) Repair, alteration or reconstruction otherwise required by this Code or applicable law, and
not otherwise prohibited by the rights or regulations of any other governmental agency having
jurisdiction, shall be allowed in the following circumstances and shall not be considered in
calculating any estimated construction valuation:
(i) Repair, alteration, or reconstruction required to retrofit unreinforced masonry structures or
otherwise required to comply with earthquake safety standards established in Chapter 16 of this
Code, provided the retrofitting or other work is limited exclusively to compliance with earthquake
safety standards;
(ii) Repair, alteration, or reconstruction required to elevate a habitable structure in a floodplain,
provided the elevation work is limited exclusively to compliance with flood prevention standards;
228
Exhibit A
12
(iii) Repair, alteration, or reconstruction required to comply with required energy efficiency
standards established in Chapter 16 of this Code, provided the work is limited exclusively to
compliance with those standards; and
(iv) Repair, alteration, or reconstruction which is limited exclusively to compliance with the
Americans with Disabilities Act (ADA) or Chapters 11A and 11B of the State Building Code set
forth in Volume II of Title 24 of the California Code of Regulations.
(3) Any building permit or use permit or other approval issued pursuant to this Code for minor or
major repairs or alterations, reconstruction, or change, expansion or intensification of a legal
nonconforming use or structure shall include a condition requiring recordation of a Statement of
Acknowledgment of Legal Nonconforming Status.
(4) No otherwise legal existing use or structure shall be deemed to be a nonconforming use
solely because of the lack of the required number of off-street parking facilities. However, aAny
otherwise permitted intensification of a use or structure must comply with current parking standards.
17. Miscellaneous Regulations and Exceptions
15-80.030 Special rules for accessory uses and structures in residential districts.
The following special rules shall apply to certain accessory uses and structures in any A, R-1,
HR, R-OS or R-M district:
(a) Stables and corrals. Subject to approval by the Community Development Director, no No
stable or corral, whether private or community, shall be located closer than fifty feet from any
property line of the site, or closer than fifty feet from any dwelling unit or swimming pool on the
site. In the HR district, no stable or corral shall be located closer than fifty feet from any stream and
the natural grade of a corral shall not exceed an average slope of fifteen percent.
(b) Swimming pools. Subject to approval by the Community Development Director, no No
swimming pool or accessory mechanical equipment shall be located in a required front, side or rear
setback area, except as follows:
(1) A swimming pool and accessory mechanical equipment may be located within a required rear
setback area, but the water line of the swimming pool may be no closer than six feet from any
property line. Any portion of such swimming pool that is located outside of the rear setback area
shall comply with the side setback area requirements for the site.
(2) If the required minimum interior side setback area is more than ten feet, accessory
mechanical equipment may be located within such side setback area, but no closer than ten feet from
the side lot line.
229
Exhibit A
13
18. Early Warning Fire Alarm System
15-80.090 Early warning fire alarm system.
(a) Findings and purpose. The City Council finds and determines as follows:
(1) Utilization of current technology in the detection and warning of fire will significantly
enhance the level of protection from such hazard while at the same time maximizing the
effectiveness of existing equipment and facilities for emergency responses.
(2) Certain areas of the City have been designated as the Wildland-Urban Interface Fire Area on
the City's Wildland-Urban Interface Fire Area Map, which are defined as any land covered with
grass, grain, brush or forest which is so situated or is of such inaccessible location, that a fire
originating upon such land would present an abnormally difficult job of suppression or would result
in great and unusual damage through fire or resulting erosion. The response time of emergency
equipment to calls for aid in the hazardous fire areas is impaired due to the nonavailability of access
to some portions of such areas, the existence of steep, narrow streets and roadways located in such
areas, the lack of connecting streets and roadways in such areas, and the unusual topography of such
areas. Further, the presence of heavy vegetation in the Wildland-Urban Interface Fire Area increases
the potential for the rapid spread of any fire which may start in such areas, particularly during
seasonal dry spells.
(3) A substantial portion of the new single-family dwellings being constructed in the City are
larger structures, typically in excess of five thousand square feet with three-car garages. By reason of
their size, a fire in these structures can be more difficult to extinguish.
(4) The risk of fire to persons and property within multi-family dwellings and structures
containing multiple sleeping units is proportionately greater because of the higher density of
occupants. Immediate warning of fire and notification to the Fire District of the existence and
location of fire will serve to reduce the possibility of death, injury and property damage.
(5) Because commercial buildings and community facilities are public gathering places, the
public health and safety risks of fire are particularly acute. Immediate warning of fire and
notification to the Fire District of the existence and location of fire will serve to reduce the
possibility of death, injury and property damage in these structures.
(6) The public safety and welfare may necessitate installation of an early warning fire alarm
system in a commercial structure or community facility, depending upon the facts and circumstances
to be evaluated by the Fire Chief in each individual case.
(7) It is the goal and policy of the City, as set forth in the Safety Element of the General Plan, to
require installation of an early warning fire alarm system as hereinafter provided in this Section. The
purpose of this Section is to implement such goal and policy.
(b) Mandatory requirement for installation of alarm system. As a condition for the granting
of design review approval or a use permit or variance under this Chapter, the approving authority
shall require the installation of an early warning fire alarm system in accordance with Article 16-60
in Chapter 16 of this Code, and the connection of such system to a monitoring station in such manner
as may be specified by the Saratoga Fire District, in each of the following cases:
230
Exhibit A
14
(1) All new single-family dwellings, commercial structures and community facilities located
within the designated Wildland-Urban Interface Fire Area.
(2) Any existing single-family dwelling, commercial structure or community facility which is
expanded by fifty percent or more in floor area and is located within the designated Wildland-Urban
Interface Fire Area.
(3) All new single-family dwellings, commercial structures and community facilities having a
floor area in excess of five thousand square feet.
(4) Any existing single-family dwelling, commercial structure or community facility which is
expanded by fifty percent or more in floor area which, after such expansion, will exceed five
thousand square feet in floor area.
(5) All new residential structures classified as "R" occupancies in the most recent version of the
California Building Code adopted by the City of Saratoga, except R-3 occupancies which are not
otherwise required to install the early warning alarm system under paragraphs (1), (2), (3), or (4)
above.
(6) Any existing residential structure classified as an "R" occupancy, except an R-3 occupancy
as described in subsection (b)(5) of this Section, which is expanded by fifty percent or more in floor
area.
(c) Discretionary requirement for certain commercial structures and community facilities.
Where an existing commercial structure or community facility is remodeled or the use thereof is
changed, and such commercial structure or community facility either: (1) has a floor area in excess
of five thousand square feet, or (2) regardless of size, is located within the designated Wildland-
Urban Interface Fire Area, then the Chief of the Fire District having jurisdiction over the project,
may require the installation of an early warning fire alarm system in accordance with Article 16-60
in Chapter 16 of this Code, and the connection of such system to a monitoring station in such manner
as may be specified by the Saratoga Fire District. If the requirement to install an alarm system is
imposed, it shall be made a condition of the design review approval or use permit or variance under
this Chapter. The determination by the Fire Chief shall be based upon any one or more of the
following considerations:
(1) An occupant load increase of fifty percent or more.
(2) New commercial cooking operations.
(3) Hazardous materials storage for which a permit is required.
(4) The principal use involves the care or supervision of building occupants such as day care
facilities for children or senior citizens.
(d) Determination of floor area and fifty percent expansion.
(1) As used in this Section, the term "commercial structure" includes, but is not limited to, office
buildings, retail stores, restaurants, repair shops, and industrial buildings, and the term "community
facility" includes, but is not limited to, schools, theatres, churches, meeting halls and conference
centers.
231
Exhibit A
15
(2) The determination of floor area is as defined in this Chapter; and
(3) For the purposes of this Section, any expansion shall be considered as equaling or exceeding
the fifty percent limit where the work of construction or improvement is done at different time
intervals requiring two or more building permits, within a period of five years after completion of the
first improvement, where although each is for a project encompassing an expansion of less than fifty
percent of increased floor area, but when combined with other expansions during the five-year
period of time increase the amount of floor area of the structure by fifty percent or more of that
amount which existed immediately prior to the commencement of the first of the several expansions.
19. Compliance with and recordation of conditions of approval
15-80.120 Compliance with and recordation of conditions of approval.
Conditions of approval designated as permanent or as remaining in effect for some
specified period of time shall be applied in accordance with their terms. Provided, however,
that for For any parcel containing a structure that has been the subject of design review approval
pursuant to Article 15-45 or 15-46 of the Saratoga City Code and that has received final approval
from the Building Official executed on or after January 1, 2004, all new or modified structures,
impervious surfaces, or landscaping (including changes to finish contours of the site as shown on the
approved plans) built, installed, or otherwise implemented after 9:00 A.M., November 22, 2004 must
be consistent with conditions of approval attached to the prior design review approval which are
identified as permanent, or for which a term is specified, for such specified time period unless those
conditions have been modified as set forth below:, For the period of time between November 22,
2004 and November 22, 2006, all conditions of approval shall be deemed to have been identified as
permanent.
[No changes to (a) through (d).]
End of Amendments
232
PLANNING COMMISSION
MEMORANDUM
Meeting Date: September 10, 2014
Application: ELN14-0004
Location / APN: 20595 Debbie Lane / 503-54-010
Owner/Applicant: Donald Oh / David Wong Design
Staff Planner: Michael Fossati
The Planning Commission may approve a major alteration of a nonconforming structure. Major
Alteration means any work that is estimated to result in expenditure (cumulatively) of 20% to
50% of the estimated construction cost of the structure. The project will result in expenditure of
approximately 42% of the estimated construction valuation of the existing structure.
Approval by the Planning Commission is required pursuant to City Code Sections 15-65.050(b),
before staff can act on the pending Building Permit.
STAFF RECOMMENDATION: Adopt Resolution No. 14-039 approving the major alteration subject
to conditions of approval.
PROJECT DESCRIPTION: The applicant is proposing an addition and remodel to a legal non-
conforming two story single-family residence located at 20595 Debbie Lane. The structure is
classified as nonconforming because portions of the existing structure are located within the
required front setback. The Planning Commission has the authority to approve additions and
remodels to legal non-conforming structures if the proposed construction is valued at 50% or less
than the value of the existing structure. Staff has determined the value of the non-conforming
structure as $840,101, while the value of the construction being proposed is $354,035, or
approximately 42% of the value of the existing structure. Therefore, the Planning Commission has
authority to approve the project, as long as the findings can be met.
The proposed work consists of a remodel of an existing garage into living area and construction of a
new attached garage, kitchen, laundry room and powder room.
PROJECT DATA:
Net Site Area: 16,026 SF Proposed Allowed/Required
Total Site Coverage 7,902 sq. ft. (49%) 55% Maximum
Total Floor Area 4,067 sq. ft. 4,128 sq. ft. Maximum
Height 23.4 ft. 26 feet Maximum
233
Page 2 of 2
Setbacks
Front:
Left Side:
Right Side:
Rear:
20’-2”
18’-1”
11’-0”
74’-7”
25’
10’
10’
25’
Neighbor Notification and Correspondence: The property owner posted a sign in front of the
property, notifying neighbors of the application for a building permit. No comments have been
received as of the writing of this report.
FINDINGS AND DETERMINATIONS
Pursuant to City Code Section 15-65.050(b), major repair and 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 finding may be
made in the affirmative because a residential structure and addition thereto is permitted by City
Code in the R-1-12,500 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 finding may be made in affirmative in that the project is only increasing areas that are
located within the building footprint. The existing portion of garage within the front setback will
be removed, prior to being renovated into living space, in order to not increase the degree of non-
compliance currently associated with the existing residence.
(3) The repair and/or alteration do not effectively extend or perpetuate the useful life of any
particular feature or portion of the structure which is nonconforming. This finding may be
made in the affirmative in that the project only includes a replacement of an existing window in a
wall that is currently within the front setback. The window replacement is not seen as an
alteration that would extend the useful life of the wall.
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.
ATTACHMENTS:
1. Resolution of Approval
2. Development Plans (Exhibit "A")
234
RESOLUTION NO: 14-039
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
APPROVING AN APPLICATION FOR AN ADDITION TO A NON-CONFORMING
SINGLE-FAMILY DWELLING LOCATED AT
20595 DEBBIE LANE
WHEREAS, on April 28, 2014, an application was submitted by Donald Oh and Grace
Choi to construct a 743 square foot addition and 831 square foot remodel of an existing 3,304
square foot legal non-conforming single-family residence. The existing residence encroaches
into the front setback. The required setback is 25 feet and the residence has an existing setback
of 16.5 feet. The project will result in expenditure of approximately 42 percent of the estimated
construction valuation of the existing structure.
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 September 10, 2014, the Planning Commission held a meeting 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 Goal 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 in that the repair and/or
alteration will accommodate a conforming use; 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; and 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.
235
Section 5: The City of Saratoga Planning Commission hereby approves ELN14-0004
located at 20595 Debbie Land 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 10th day of
September 2014 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Mary-Lynne Bernald
Chair, Planning Commission
236
Exhibit 1
CONDITIONS OF APPROVAL
ELN14-004
20595 DEBBIE LANE / 503-54-010
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.
237
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. 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
that alteration and repair of the non-conforming structure shall comply with City Code.
7. 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.
8. Building Division Submittal. Four (4) sets of complete construction plans shall be submitted
to the Building Division. These plans shall be subject to review and approval by the City prior to
issuance of Zoning Clearance. The construction plans shall, at a minimum include the
following:
a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A”
on file with the Community Development Department.
b. All additional drawings, plans, maps, reports, notes, and/or materials required by the
Building Division.
c. This signed and dated Resolution printed onto separate construction plan pages.
d. The 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.”
238
239
240
241
242
243