HomeMy WebLinkAbout07-08-15 Planning Commission Agenda PacketTable of Contents
Agenda 3
June 24, 2015
Draft Minutes 5
APPLICATION ELN15-0008; 18546 Ravenwood Dr (397-43-
044) Shahani - The applicant is proposing a remodel and
addition to a legal non-conforming two-story single-family
residence. The project will result in the increase of 876 square
feet. The addition consists of a new family room, kitchen and
master bedroom on the first floor. The remodel will convert the
first floor study, master bedroom, and kitchen into two offices
and a bathroom. The facades of the new areas have been
designed to match the style, material and colors of the existing
structure. The project also includes the remodel of the porch
columns at the front entry. Staff Contact: Justin Shiu (408)868-
1230.
Staff Report 8
Att. 1 - Resolution 10
Att. 2 - Plans 14
APPLICATION FER15-0001; 19521 Farwell Ave (397-17-012);
Mischou - The applicant is requesting a Fence Exception to
install a 5’ tall wrought iron fence and pedestrian gate with 5’-6”
veneer stone pilasters within the side setback along Farwell
Avenue. The wrought iron fence and pilasters would continue at
the corner of Farwell & Fruitvale Ave, connecting to the existing
wood fence, within the front setback. Along Farwell Avenue,
there would be a five foot wide decorative iron pedestrian gate
and a 15 foot wide decorative iron vehicle gate within the
exterior side setback. No native or protected trees would need
to be removed in order to construct the gate or fence. Staff
Contact: Liz Ruess (408) 868-1222.
Staff Report 19
Att 1 - Reso 24
Att 2 - Arborist Report 29
Att 3 - Neighbor Notification 36
Att 4 - Notice of Public Hearing 40
Att 5 - Letter from Applicant 43
Att 6 - Plans/Elevations 44
Att 7 - Neighborhood Context 45
APPLICATION PDR15-0016; 20700 Verde Vista Ln. (503-58-
003); Jiang – The applicant is proposing to demolish an existing
house and construct a new 23 foot, 6 inch tall single-story 4,268
square foot home that would include a two-car garage and deed
-restricted second dwelling unit. Planning Commission design
review is required because the project consists of a new single-
story residence over 18 feet in height. No protected trees are
proposed for removal. Staff Contact: Michael Fossati (408)868-
1212
Staff Report 20700 Verde Vista 62
Att 1 Resolution 20700 Verde Vista 67
Att 2 Neighbor Notification Forms 72
1
Att 3 Neighbor Comments in Opposition 81
Att 4 Storypole Certification 93
Att 5 Exhibit A Reduced Plans 94
APPLICATION PDR14-0022 and FER14-0003; 0 Pierce Road
(503-18-002); Hong / Tang - The applicant is proposing a new
20 foot, 6 inch tall single-story 4,512 square foot home that
would include a two-car garage and deed-restricted second
dwelling unit. The project also includes a fence exception to
allow a seven foot soundwall in the front along Saratoga-
Sunnyvale Road and portion of exterior side setback along
Pierce Road. Planning Commission design review is required
because the project consists of a new single-story residence
over 18 feet in height and a wall taller than three feet within the
required exterior side setback. Nine protected trees are being
proposed for removal. Staff Contact: Michael Fossati (408)868-
1212
Staff Report 100
Att 1 Resolution 106
Att 2 PC Staff Report dated 21115 113
Att 3 Exhibit A Reduced Plans 146
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AGENDA
REGULAR MEETING
SARATOGA PLANNING COMMISSION
Wednesday, July 08, 2015
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 June 24, 2015
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.
NEW BUSINESS
1. APPLICATION ELN15-0008; 18546 Ravenwood Dr (397-43-044) Shahani - The applicant is
proposing a remodel and addition to a legal non-conforming two-story single-family residence. The
project will result in the increase of 876 square feet. The addition consists of a new family room,
kitchen and master bedroom on the first floor. The remodel will convert the first floor study, master
bedroom, and kitchen into two offices and a bathroom. The facades of the new areas have been
designed to match the style, material and colors of the existing structure. The project also includes the
remodel of the porch columns at the front entry. Staff Contact: Justin Shiu (408)868-1230.
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 FER15-0001; 19521 Farwell Ave (397-17-012); Mischou - The applicant is requesting a
Fence Exception to install a 5’ tall wrought iron fence and pedestrian gate with 5’-6” veneer stone pilasters
within the side setback along Farwell Avenue. The wrought iron fence and pilasters would continue at the
corner of Farwell & Fruitvale Ave, connecting to the existing wood fence, within the front setback. Along
Farwell Avenue, there would be a five foot wide decorative iron pedestrian gate and a 15 foot wide
decorative iron vehicle gate within the exterior side setback. No native or protected trees would need to be
removed in order to construct the gate or fence. Staff Contact: Liz Ruess (408) 868-1222.
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Recommended action:
Staff recommends the Planning Commission approve the Fence Exception Request application with
required findings and conditions by adopting Resolution 15-031.
2. APPLICATION PDR15-0016; 20700 Verde Vista Ln. (503-58-003); Jiang – The applicant is proposing to
demolish an existing house and construct a new 23 foot, 6 inch tall single-story 4,268 square foot home that
would include a two-car garage and deed-restricted second dwelling unit. Planning Commission design
review is required because the project consists of a new single-story residence over 18 feet in height. No
protected trees are proposed for removal. Staff Contact: Michael Fossati (408)868-1212
Recommended action:
Adopt Resolution No. 15-030 approving the project subject to conditions of approval.
3. APPLICATION PDR14-0022 and FER14-0003; 0 Pierce Road (503-18-002); Hong / Tang - The applicant
is proposing a new 20 foot, 6 inch tall single-story 4,512 square foot home that would include a two-car
garage and deed-restricted second dwelling unit. The project also includes a fence exception to allow a
seven foot soundwall in the front along Saratoga-Sunnyvale Road and portion of exterior side setback along
Pierce Road. Planning Commission design review is required because the project consists of a new single-
story residence over 18 feet in height and a wall taller than three feet within the required exterior side
setback. Nine protected trees are being proposed for removal. Staff Contact: Michael Fossati (408)868-
1212
Recommended action:
Adopt Resolution No. 15-001 approving the project subject to conditions of approval.
DIRECTOR ITEMS
COMMISSION ITEMS
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 July 1, 2015 at the City of Saratoga,
13777 Fruitvale Ave., Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us.
You can also sign up to receive email notifications when Commission agendas and minutes have been added
to the City at website http://www.saratoga.ca.us/contact/email_subscriptions.asp.
NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at
www.saratoga.ca.us
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ACTION MINUTES
REGULAR MEETING
SARATOGA PLANNING COMMISSION
Wednesday, June 24, 2015
REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777
FRUITVALE AVENUE
ROLL CALL
PRESENT Commissioners Sunil Ahuja, Wendy Chang, Kookie Fitzsimmons, Joyce Hlava,
Dede Smullen, Tina Walia, Chair Leonard Almalech
ABSENT None
ALSO PRESENT Erwin Ordoñez, Community Development Director
Michael Fossati, Planner
APPROVAL OF MINUTES
Action Minutes from the Regular Planning Commission Meeting of May 27, 2015 and June 10, 2015
WALIA/SMULLEN MOVED TO MOVED TO APPROVE THE MAY 27, 2015 MINUTES. MOTION
PASSED. AYES: AHUJA, ALMALECH, CHANG, FITZSIMMONS, HLAVA, SMULLEN, WALIA. NOES:
NONE. ABSENT: NONE. ABSTAIN: NONE.
WALIA/HLAVA MOVED TO MOVED TO APPROVE THE JUNE 10, 2015 MINUTES. MOTION PASSED.
AYES: AHUJA, ALMALECH, CHANG, FITZSIMMONS, HLAVA, SMULLEN, WALIA. NOES: NONE.
ABSENT: NONE. ABSTAIN: NONE.
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. Applications CUP14-0009/PDR15-0003; 12600 Saratoga Avenue (386-14-003); Abe Kaabipour / Black &
Veatch – The applicant previously submitted an application requesting a modification of the existing
Conditional Use Permit and approval of a Design Review application to install a hydrogen fuel cell and
dispenser at the service station. The additional dispenser and related equipment will be located behind the
existing sales office building in a screened structure and adjacent to the northeast property line. The net
site area is 22,500 square feet and the property is zone RM-5,000. Staff Contact: Christopher Riordan (408)
868-1235.
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Action:
HLAVA/FITZSIMMONS MOVED TO ADOPT RESOLUTION NO 15-009 WITH CHANGES TO
THE CONDITIONS TO REFLECT AMENDED CONDITION #25:
Approval of design alternative #2 (retaining original board and batten design with upgrades
to reflect residential scale, uncovering original materials, and additional building perimeter
landscaping)
Approval of the revised landscaping plan provided by the applicant
Approval of Circulation Alternative #1 with additional directional signs identified by the
Commission and enhanced/extended striping for the proposed hydrogen fueling lane. The
applicant shall provide a minimum 5-foot wide colored stripe for the proposed hydrogen fueling
lane with identification/directional markings from the back of sidewalk/driveway apron along the
Saratoga Avenue frontage, around the existing building, to the proposed fueling dispenser. Signs
shall include directional signs along the Bucknall Road entrances noting hydrogen vehicle fueling
entrance on Saratoga Road and additional signs on the front of the building directing hydrogen
vehicles along fuel lane.
AYES: AHUJA, ALMALECH, FITZSIMMONS, HLAVA, SMULLEN, WALIA. NOES: CHANG
NONE. ABSENT: NONE. ABSTAIN: NONE.
2. Application ZOA15-0006, Citywide - Amendment of City Code 15-50.070 of the Tree Regulations - The
City Council has requested an amendment to permit the expedited removal of dead trees through an over
the counter process.
Action:
HLAVA/SMULLEN MOVED TO ADOPT RESOLUTION NO. 15-024 AND
RECOMMENDED CITY COUNCIL APPROVAL. AYES: AHUJA, ALMALECH, CHANG,
FITZSIMMONS, HLAVA, SMULLEN, WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN:
NONE.
3. Application PDR14-0024/ARB13-0071; 14538 Horseshoe Dr. (397-20-032); Oscar Bakhtiari - The
applicant is requesting approval for a new 25’-11” tall, 5,996 square foot one-story home with a 451 square
foot second unit and a basement. Planning Commission design review is required because the project
consists of a new one-story home residence over 18 feet in height. Twenty-five protected trees are being
proposed for removal and three are proposed to be transplanted to different locations on the lot. Staff
Contact: Justin Shiu, (408)868-1230.
Action:
SMULLEN/WALIA MOVED TO ADOPT RESOLUTION NO 15-030 WITH CHANGES TO THE
CONDITIONS TO INCLUDE: THE APPLICANT SHALL BE REQUIRED TO INCORPORATE A
ROOF DESIGN THAT DOES NOT CREATE ANY FLAT PORTION. COMMISSION
PROVIDED DIRECTION TO STAFF TO NOT ACCEPT A FLAT ROOF, BUT RATHER A ROOF
THAT REMAINS AT OR BELOW 26 FEET, THAT SIMPLIFIES THE ROOF DESIGN, AND
PROVIDES THE SAME QUALITY AND LEVEL OF ARCHITECTURE OF THE PROPOSED
RESIDENCE.
AYES: AHUJA, ALMALECH, CHANG, FITZSIMMONS, HLAVA, SMULLEN, WALIA. NOES:
NONE. ABSENT: NONE. ABSTAIN: NONE.
4. Application PDR10-0009/VAR15-0002; 15397 Peach Hill Road; 517-22-100; Amini - The applicant
requests Design Review and Variance approval to construct a 357 square foot addition to an existing 5,238
square feet, three-story, single-family residence. In addition, the project includes extensive remodeling of
the exterior of the residence resulting in a completely different architectural style. The maximum height of
the project is 26 feet. The parcel size is approximately 1.2 acres and is located within the R-1-40,000
zoning district. Staff Contact: Chris Riordan (408)868-1235
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Action:
HLAVA/CHANG MOVED TO ADOPT RESOLUTION NO. 15-029 SUBJECT TO CONDITIONS
OF APPROVAL. MOTION PASSED. AYES: AHUJA, ALMALECH, CHANG, FITZSIMMONS,
HLAVA, WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: SMULLEN.
5. Application ZOA15-0007/ENV15-0004; City Wide; Kevin Tsai – The applicant is request a City Code
Amendment to modify Article 16-65 (Ground Movement Regulations) of the City Code as they pertain to
limiting construction in the Pmw, Pd, and Pdf geotechnical zones as depicted on the City’s Ground
Movement Potential Map. The modifications would allow residential remodels and additions to existing
single-family homes to a maximum remodel of 50% of the existing building footprint and additions of
whichever is greater 500 square feet or 25% of the square footage of the existing structure when
geotechnical remediation has been shown to be technically or financially infeasible. Staff Contact:
Christopher Riordan (408) 868-1235.
Action:
HLAVA/AHUJA MOVED TO ADOPT THE NEGATIVE DECLARATION, ORDINANCE
AND RECOMMENDED CITY COUNCIL APPROVAL. MOTION PASSED. AYES: AHUJA,
ALMALECH, FITZSIMMONS, HLAVA. NOES: CHANG, SMULLEN, WALIA. ABSENT: NONE.
ABSTAIN: NONE.
ADJOURNMENT
WALIA MOVED TO ADJOURN AT 11:51 PM. AYES: AHUJA, ALMALECH, CHANG, FITZSIMMONS,
HLAVA SMULLEN, WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE.
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PLANNING COMMISSION
MEMORANDUM
Meeting Date: July 8, 2015
Application: ELN15-0008
Location / APN: 18546 Ravenwood Dr /397-43-044
Owner/Applicant: Jagdish & Nomita Shahani
Staff Planner: Justin Shiu
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 49.7% 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. 15-019 approving the major alteration subject
to conditions of approval.
PROJECT DESCRIPTION: The applicant is proposing a remodel and addition to a legal non-
conforming two-story single-family residence located at 18546 Ravenwood Dr. The structure is
classified as nonconforming because it encroaches into the left side setback by two feet and the right
side setback by one foot and nine inches.
The project will result in the increase of 876 square feet. The addition consists of a new family
room, kitchen and master bedroom on the first floor. The remodel will convert the first floor study,
master bedroom, and kitchen into two offices and a bathroom. The facades of the new areas have
been designed to match the style, material and colors of the existing structure. The project also
includes the remodel of the porch columns at the front entry.
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 $640,386,
while the value of the construction being proposed is $318,952, or approximately 49.7% 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.
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Page 2 of 2
PROJECT DATA:
Net Site Area: 10,160 SF
Zoning District: R-1-10,000
Proposed Allowed/Required
Total Site Coverage 4,855 sq. ft. (48%) 60% Max.
Total Floor Area 3,354 sq. ft. 3,370 sq. ft. Max.
Height 21 ft. – 6 in. 26 ft. Max.
Setbacks
Front:
Left Side:
Right Side:
Rear:
25’
6’
6’-3”
35’
25’
8’
8’
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 the project consists of a remodel and additions to a residential
structure that is located in a residentially zoned district within the City.
(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 the affirmative in that the project is adding floor area located within
the allowable building footprint and outside of required setbacks. The additions are located at
least ten feet from the rear setback line and do not encroach into the side setback areas. The
applicant is not proposing additions to the non-conforming portions of the home.
(3) The repair and/or alteration does not effectively extend or perpetuate the useful life of any
particular feature or portion of the structure which is nonconforming. This finding may be
made in the affirmative in that the project is proposing expansion in areas conforming to City
Code. The project does not perpetuate the useful life of nonconforming portions of the structure.
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")
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RESOLUTION NO: 15-032
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
APPROVING AN APPLICATION (ELN 15-0008) FOR A REMODEL AND ADDITIONS
TO A NON-CONFORMING SINGLE-FAMILY DWELLING LOCATED AT
18546 RAVENWOOD DR, SARATOGA CA 95070 (397-43-044)
WHEREAS, on April 20, 2015 an application was submitted by Jagdish and Nomita
Shahani requesting approval for the alteration of a legal non-conforming single-family residence
located at 18546 Ravenwood Dr.
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 July 8, 2015, 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.
Section 5: The City of Saratoga Planning Commission hereby approves ELN15-0008
located at 18546 Ravenwood Dr subject to the Findings, and Conditions of Approval attached
hereto as Exhibit 1.
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Resolution No. 15-032
PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 8th day of
July 2015 by the following vote:
AYES: Ahuja, Almalech, Chang, Fitzsimmons, Hlava, Smullen, Walia
NOES:
ABSENT:
ABSTAIN:
____________________________
Leonard Almalech
Chair, Planning Commission
11
Resolution No. 15-032
Exhibit 1
CONDITIONS OF APPROVAL
ELN15-0008
18546 Ravenwood Dr/ 397-43-044
1. All conditions below which are identified as permanent or for which an alternative period of
time for applicability is specified shall run with the land and apply to the landowner’s
successors in interest for such time period. No zoning clearance, or demolition, or grading 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 satisfaction
of the Community Development Director. If a condition is not “Permanent” or does not have a
term specified, it shall remain in effect until the issuance by the City of Saratoga of a Certificate
of Occupancy or its equivalent.
2. The Owner and Applicant will be mailed a statement after the time the Resolution granting this
approval is duly executed, containing a statement of all amounts due to the City in connection
with this application, including all consultant fees (collectively “processing fees”). This
approval or permit shall expire sixty (60) days after the date said notice is mailed if all
processing fees contained in the notice have not been paid in full. No Zoning Clearance or
Demolition, Grading, or Building Permit may be issued until the City certifies that all
processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is
maintained).
3. The Project shall maintain compliance with all applicable regulations of the State, County, City
and/or other governmental agencies having jurisdiction including, without limitation, the
requirements of the Saratoga 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. 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
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Resolution No. 15-032
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. Statement of Acknowledgment of Legal Nonconforming Status: The property Owner shall
record a Statement of Acknowledgment of Legal Nonconforming Status, satisfactory to the
Community Development Director, specifying the limits of any expansion and/or intensification
of the non-conforming structure.
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.
9. 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 Approval.
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REPORT TO THE
PLANNING COMMISSION
Meeting Date: July 8, 2015
Application: Fence Exception / FER15-0001
Location/APN: 19521 Farwell Avenue / 397-17-012
Owner / Applicant: Greg & Martha Mischou
Staff Planner: Liz Ruess
19521 Farwell Avenue
19
Application No. FER15-0001 / 19521 Farwell Avenue
EXECUTIVE SUMMARY
ZONING
Single-Family Residential (R1-40,000)
GENERAL PLAN DESIGNATION
Very Low Density Residential (RVLD)
PROJECT DESCRIPTION:
The applicant is requesting a fence exception to install a five foot tall wrought iron fence with five
foot, six inch stone veneer pilasters within the exterior side yard setback and within the front yard
setback (at the corner), at 19521 Farwell Avenue. Along the frontage of Farwell Avenue, there
would be a five foot six inch tall, decorative iron pedestrian gate aligned with the fence, and a 15
foot wide decorative iron vehicle gate within the exterior side setback approximately 16 feet from
the property line and 25 from edge of pavement. The vehicle gate would range in height from six
feet at the edges, to eight feet in the center and would have seven foot tall pilasters on either side.
The wrought iron sections of the fence will allow for the passage of light, maintain visibility and
avoid a “walled-compound” appearance.
STAFF RECOMMENDATION:
Staff recommends the Planning Commission approve the Fence Exception Request application
with required findings and conditions by adopting the attached Resolution.
SITE AND PROJECT CHARACTERISTICS
Project Description:
The applicant is requesting a fence exception to install a five foot tall wrought iron fence with five
foot, six inch stone veneer pilasters within the exterior side yard setback and within the front yard
setback (at the corner), at 19521 Farwell Avenue. The subject parcel has a required front setback of
30 feet and a required exterior side yard setback of 25 feet. Per Article 15-29 (Fences and Hedges)
of the City Code, fences and walls within front setbacks and exterior side are limited to a height of
three feet, unless a fence exception is granted.
Per City Code, the front property line for 19521 Farwell is located on Fruitvale Avenue. The
property line along Farwell Avenue is considered the exterior side yard. An existing wood fence,
that ranges in height from five feet to six feet, six inches, would remain along the front, interior side,
and rear of the property. A new fence proposed in the exterior side yard setback, along Farwell Ave.
would be five feet in height, with five foot, six inch tall pilaster, and approximately 175 feet long.
This portion of fence would be located one foot, six inches from the property line and ten feet, six
inches from edge of pavement. Along this side, there would be a five foot six inch tall, decorative
iron pedestrian gate aligned with the fence, and a 15 foot wide decorative iron vehicle gate within
the exterior side setback, approximately 16 feet from the property line and 25 from edge of
pavement. The fence proposed at the corner of Farwell Ave. & Fruitvale Ave., within the front yard
setback, would be approximately 50 feet long and connect to the existing wood fence that is to
remain. This portion of fence would be located approximately 28 feet from the front property line at
2
20
Application No. FER15-0001 / 19521 Farwell Avenue
the southern pilaster and approximately five feet, six inches from the front property line at the
northern pilaster, where it connects to the existing wood fence.
The proposed fence would be visible from Farwell Ave. and a portion of the fence would be visible
from the corner of Farwell Ave. at Fruitvale Ave. The proposed fence at the corner is pulled back,
outside of the intersection sightline and would run behind a large tree at the corner of the lot.
Existing landscaping would screen views of the house.
The applicant has stated that the purpose and location of the fence is to enclose their property, which
is along a heavily trafficked intersection, to provide additional safety for their family, which
includes two young children. The site is located at the corner of Farwell Avenue and Fruitvale
Avenue which is a heavily travelled street and commute corridor.
Section 15-29.090 of the City Code allows property owners to apply for fence exceptions. The
subject property is located in the R-1-40,000 zoning district and is approximately one acre in size.
The applicant has provided a letter explaining why they are requesting the fence exception. Please
see attachment #5.
Materials and Colors Proposed: The proposed fence would be wrought iron powder coated in a
dark bronze color with stone veneer pilasters and foam cap that would be light tan in color to match
the existing house. The wrought iron sections of the fence will allow for the passage of light,
maintain visibility and avoid a “walled-compound” appearance.
Arborist Review
No trees are proposed for removal. The fence would be located in the vicinity of three protected
trees. The City Arborist reviewed potential impacts to the trees and has granted conditional
clearance to proceed. A copy of the Arborist report is included as Attachment #2.
Neighborhood Compatibility
Several homes in the immediate neighborhood, including those on Farwell Avenue, Montalvo
Road, and Sunnyside Drive, have front and exterior side yard fences exceeding the three foot limit.
These include fences ranging in height between five feet and six feet with pilasters from five feet,
six inches to six feet, six inches, in height. Similar to the proposed fence, the majority of these
fences are made of iron and are painted a dark color, with pilasters made of brick or stone. The
majority of homes in the surrounding neighborhood that do not have a fence, have shrubs in excess
of three feet along the street. The design, colors, and materials of the proposed fence are
complimentary to existing fences and screens in the surrounding neighborhood. Applicant has
provided maps and photos of similar fences throughout their neighborhood. Please see Attachment
#7.
Neighborhood Notification
The applicant received completed neighbor notification forms from four adjacent neighbors which
are included as Attachment #3. Each of these neighbors signed the forms without providing
additional written comments. The public hearing notice was mailed to property owners within 500
feet of the subject property and is included as Attachment #4. Staff has not received any comments
to date.
3
21
Application No. FER15-0001 / 19521 Farwell Avenue
FINDINGS:
The findings required for issuance of a Fence Exception pursuant to City Code Section 15-29.090
are set forth below and the Applicant has met the burden of proof to support making all of those
required findings:
Finding #1: The subject fence will be compatible with other similar structures in the
neighborhood. This finding can be made because the proposed fence would be compatible with
the location and placement of existing fencing in the surrounding neighborhood. The fence
would be wrought iron with stone veneer pilasters and foam cap that would be light tan in color
to match the existing house as well as other structures in the neighborhood. The proposed fence
would be taller than adjacent fences but would be wrought iron to maintain views of existing
landscaping would not overly detract from the surrounding rural neighborhood.
Finding #2: The entirety of the subject fence will be constructed of materials that are of high
quality, exhibit superior craftsmanship, and that are durable. This finding can be made because
the fence would be constructed from wrought iron with stone veneer pilasters and foam cap. All
of the materials would be durable and be of high quality and would be able to weather the
outdoor environment.
Finding #3: The modification will not impair the integrity and character of the neighborhood
in which the fence is located. This finding can be made because the wrought iron fence would
allow for passage of light and views of the existing landscaping and landscape improvements
currently underway at the property. The design and openness of the proposed fence would avoid
a walled-compound appearance. The proposed wall would incorporate high-quality materials that
are consistent with the main residence as well as other structures in the neighborhood not overly
detract from the character and integrity of the existing community.
Finding #4: The granting of the exception will not be detrimental or injurious to the property,
adjacent neighbors, or improvements in the general vicinity and district in which the property
is located. This finding can be made because all of the proposed materials for the fence and gate
would be high quality and similar in color and style to other fences in the neighborhood. There
would be extensive landscaping on the interior side of the fence as to maintain privacy while still
allowing passage of light and air. The fence would be installed and located so as to provide the
required sight distance for the driveway and street intersection. The fence would enclose the
property which is on a heavily trafficked intersection and provide additional safety for the
family. This finding can be in made in the affirmative.
Finding #5: The granting of the exception will not create a safety hazard for vehicular,
pedestrian or bicycle traffic and does not obstruct the safe access to and from adjacent
properties. As previously stated, the proposed fence would provide the required sight distances
for the driveway and intersection. The proposed fence would not interfere with visibility for
pedestrian, bicyclist and vehicular traffic within the area. This finding can be made in the
affirmative.
4
22
Application No. FER15-0001 / 19521 Farwell Avenue
ENVIRONMENTAL DETERMINATION: The proposed Fence Exception Request is categorically
exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines
(14 C.C.R. Section 15303) “New Construction or Conversion of Small Structures. This
exemption allows for the construction and location of limited numbers of new, small facilities or
structures and no exception to that exemption applies.
ATTACHMENTS:
1. Resolution of Approval
2. Arborist Report
3. Neighbor Notification
4. Mailed Notice of Public Hearing, Address Labels
5. Letter from Applicant
6. Reduced Plans, Exhibit "A"
7. Neighborhood Context (provided by applicant)
5
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RESOLUTION NO: 15-031
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
APPROVING FENCE EXCEPTION FER15-0001
LOCATED AT 19521 FARWELL AVENUE
WHEREAS, on May 14, 2015, an application was submitted by Greg & Martha Mischou
requesting Fence Exception approval to install a five foot tall wrought iron fence with five foot, six
inch stone veneer pilasters within the exterior side yard setback and within the front yard setback (at
the corner), at 19521 Farwell Avenue. Along the frontage of Farwell Avenue, there would be a five
foot six inch tall, decorative iron pedestrian gate aligned with the fence, and a 15 foot wide
decorative iron vehicle gate within the exterior side setback approximately 16 feet from the property
line and 25 from edge of pavement. The vehicle gate would range in height from six feet at the
edges, to eight feet in the center and would have seven foot tall pilasters on either side. The site is
located within the R-1-40,000 Zoning District (APN 517-22-100).
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 July 8, 2015, the Planning Commission held a duly noticed public hearing
on the subject application, and considered evidence presented by City Staff, the applicant, and other
interested parties.
NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds,
determines and resolves as follows:
Section 1: The recitals set forth above are true and correct and incorporated herein by
reference.
Section 2: The proposed Fence Exception Request is categorically exempt from the
California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines (14 C.C.R. Section
15303) “New Construction or Conversion of Small Structures. This exemption allows for the
construction and location of limited numbers of new, small facilities or structures 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
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
24
Resolution No. 15-031
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
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 project is consistent with the Saratoga City Code in that the improvements
are consistent with the variance findings in that there special circumstances applicable to the
property, including size, shape, topography, location or surroundings, strict enforcement of the
specified; the variance will not constitute a grant of special privilege inconsistent with the
limitations on other properties in the vicinity and classified in the same zoning district; and the
Variance will not be detrimental to the public health, safety, or welfare, or materially injurious to
properties or improvements in the vicinity.
Section 6: The City of Saratoga Planning Commission hereby approves FER15-0001,
located at 19521 Farwell Avenue, subject to the Findings, and Conditions of Approval attached
hereto as Exhibit 1.
PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 8th day of
July 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Leonard Almalech
Chair, Planning Commission
25
Resolution No. 15-031
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.
26
Resolution No. 15-031
5. Construction must be commenced within 36 months of the date of this approval, or the
resolution will expire.
COMMUNITY DEVELOPMENT
6. Compliance with Plans. The development shall be located and constructed to include those
features, and only those features, as shown on the Approved Plans dated June 24, 2015
denominated Exhibit "A". All proposed changes to the Approved Plans must be submitted in
writing with plans showing the changes, including a clouded set of plans highlighting the
changes. Such changes shall be subject to approval in accordance with Condition 3, above.
7. Building Division Submittal. Four (4) sets of complete construction plans shall be submitted
to the Building Division for the vehicle gate. These plans shall be subject to review and
approval by the City prior to issuance of Zoning Clearance. The construction plans shall, at a
minimum include the following:
a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A”
on file with the Community Development Department and referenced in Condition No. 6
above;
b. A note shall be included on the site plan stating that no construction equipment or private
vehicles shall be parked or stored within the root zone of any Ordinance-protected tree on
the site;
c. This Resolution printed onto separate construction plan pages;
d. All additional drawings, plans, maps, reports, and/or materials required by the Building
Division.
8. Arborist. All requirements in the City Arborist Report dated June 23, 2015 are hereby adopted
as conditions of approval and shall be implemented as part of the Approved Plans.
9. Lighting. Exterior lighting shall be shielded so as not to shine on adjacent properties or public
right-of-way.
10. Maintenance of Construction Project Sites. Because this 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.
11. Fences, Walls and Hedges. All fences, walls and hedges not in connection with the proposed
fence exception shall conform to height requirements provided in City Code Section 15-29.
12. Final Landscaping and Irrigation Plan. The final landscaping and irrigation plan shall take
into account the following:
a. To the extent feasible, landscaping shall be designed and operated to treat storm water
runoff by incorporating elements that collect, detain and infiltrate runoff. In areas that
provide detention of water, plants that are tolerant of saturated soil conditions and
prolong exposure to water shall be specified.
27
Resolution No. 15-031
b. To the extent feasible, pest resistant landscaping plants shall be used throughout the
landscaped area, especially along any hardscape area.
c. Plant materials selected shall be appropriate to site specific characteristics such as soil
type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air
movement, patterns of land use, ecological consistency and plant interactions to ensure
successful establishment.
d. Pest resistant landscaping plants shall be considered for use throughout the landscaped
area, especially along any hardscape area.
e. Any proposed or required under grounding of utilities shall take into account potential
damage to roots of protected trees
13. Fire Department Requirements. Owner/applicant shall comply with all Fire Department
requirements.
14. 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.
PUBLIC WORKS
15. Encroachment Permit. The applicant (owner) shall obtain an encroachment permit for any
and all improvements in any City right-of-way or City easement prior to commencement of
the work to implement this Design Review.
28
Community Development Department
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
ARBORIST REPORT
Application No. ARB15-0039
Prepared by Kate Bear, City Arborist Site: 19521 Farwell Avenue
Phone: (408) 868-1276 Owner: Greg and Martha Mischou
Email: kbear@saratoga.ca.us APN: 397-17-012
Email: mischou@pacbell.net
Report History:
Report 1
Date:
Plans received June 4, 2015
Report completed June 23, 2015
PROJECT SCOPE:
The applicant has submitted plans to the City to install a new perimeter fence with columns around
the property.
STATUS: Approved by City Arborist, with attached conditions.
PROJECT DATA IN BRIEF:
Tree bond – Required - $10,135
Tree protection – Required – See Conditions of Approval and attached map.
Tree removals – None requested or permitted.
Replacement trees – None required.
FINDINGS:
Tree Removals
No trees are requested or approved for removal to construct this project.
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.
1
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19521 Farwell Avenue
Tree Preservation Plan
Section 15-50.140 of the City Code requires a Tree Preservation Plan for this project. The submitted
arborist report, once copied onto a plan sheet and included in the final set of plans, can satisfy this
requirement.
This report is also to be included in the final set of plans.
ATTACHMENTS:
1 – Plans Reviewed and Tree Information
2 – Conditions of Approval
3 – Map showing Tree Locations and Protective Fencing
2
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19521 Farwell Avenue Attachment 1
PLAN REVIEW:
Architectural Plans reviewed:
Preparer: Evergreen Landscaping
Date of Plans: April 22, 2015
One sheet (no number) Landscape Planting Plan (no title)
TREE INFORMATION:
Arborist Report reviewed:
Preparer: Richard Gessner, Monarch Consulting Arborists, LLC
Date of Report: May 11, 2015
An arborist report was submitted to the City for this project that inventoried three trees
protected by Saratoga City Code. Information on the condition of each tree, potential
impacts from construction, suitability for preservation, appraised values and tree protection
recommendations was provided.
No trees protected by Saratoga City Code are requested for removal to construct this
project. A table summarizing information about each tree is below is taken from the
submitted report.
3
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19521 Farwell Avenue Attachment 1
4
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19521 Farwell Avenue Attachment 2
CONDITIONS OF APPROVAL
1. It is the responsibility of the owner, architect and contractor to be familiar with the
information in this report and implement the required conditions.
2. Al recommendations in the arborist report dated May 11, 2015 prepared by Richard Gessner
of Monarch Consulting Arborists, LLC shall become conditions of approval.
3. The arborist report dated May 11, 2015 shall be copied on to a plan sheet, titled “Tree
Preservation” and included in the final job copy set of plans.
4. This report shall also be copied onto a plan sheet and included in the final set of plans. It is
acceptable to include duplicated information one time.
5. The designated Project Arborist shall be Richard Gessner, unless otherwise approved by the
City Arborist.
6. Tree Protection Security Deposit
a. Is required per City Ordinance 15-50.080.
b. Shall be $10,135 be for tree(s) 1 – 3.
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 cash, check, credit card payment 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.
7. 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 straw wattle wrapped around the trees trunks to a height of 6 feet.
d. Shall have a layer of mulch under the tree as described on the attached map.
e. Shall be posted with signs saying “TREE PROTECTION FENCE - DO NOT MOVE OR
REMOVE WITHOUT APPROVAL FROM CITY ARBORIST, KATE BEAR (408)
868-1276”.
f. 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.
g. Tree protection fencing shall remain undisturbed throughout the construction until final
inspection.
h. If contractor feels that work must be done inside the fenced area, call City Arborist to
arrange a field meeting before performing work.
8. The Project Arborist shall visit the site when fence post holes and holes for columns are dug
near to protected trees 1 – 3.
5
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19521 Farwell Avenue Attachment 2
9. 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.
10. 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.
11. All construction activities shall be conducted outside tree canopies. 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.
12. Trenching to install utilities is not permitted under tree canopies.
13. Roots of protected trees measuring two inches in diameter or more shall not be cut without
prior approval of the Project Arborist. Roots measuring less than two inches in diameter may
be cut using a sharp pruning tool.
14. 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.
15. No trees are requested or approved for removal to construct this project.
16. Should any tree be damaged beyond repair, new trees shall be required to replace the tree. If
there is insufficient room to plant new trees, some or all of the replacement value for trees
shall be paid into the City’s Tree Fund.
17. Following completion of the work around trees, and before a final inspection of the project,
the applicant shall provide a letter to the City from the Project Arborist. That letter shall
document the work performed around trees, include photos of the work in progress, and
provide information on the condition of the trees.
18. 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.
6
34
1
Attachment 3
Legend
Tree Canopy
Tree Protection
Straw Wattle
3
19521 Farwell Avenue
From arborist report dated May 11, 2015
by Richard Gessner
A layer of mulch with steel plates or 3/4 inch plywood on top
of it shall be placed under the canopies of the three protected
trees. Tree trunks are to be wrapped with straw wattle.
7
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REPORT TO
THE PLANNING COMMISSION
Meeting Date: July 8, 2015
Application: PDR15-0016
Location / APN: 20700 Verde Vista / 503-58-003
Applicant/Owner: Barclay Jiang & Rachel Jin
Staff Planner: Michael Fossati, Planner
20700 Verde Vista
Page 1 of 5
62
Summary
PROJECT DESCRIPTION: The applicant is requesting to demolish an existing 3,320 sq. ft. single-
story residence in order to construction a new, 4,268 sq. ft. single-story residence with an attached
deed-restricted secondary dwelling unit and two-car garage. The height of the new residence will
not exceed 24 feet. No protected trees are proposed to be removed.
STAFF RECOMMENDATION: Adopt Resolution No. 15-030 approving the project subject to
conditions of approval.
Design Review approval is required pursuant to City Code Section 15-45.060.
PROJECT DATA:
Site Area: 13,390 sf gross/net
Average Slope: Less than 2%
Grading: Less than 10 c.y.
General Plan Designation: Medium Density Residential (M-12.5)
Zoning: Single-Family Residential (R-1-12,500)
Proposed Allowed/Required
Site Coverage
Main House & Garage
Driveway
Walkways/ Decks/ Patios
Total Site Coverage
Front Yard Impervious
5,035 sf
475 sf
1,083 sf
6,593 sf (49%)
786 sf (31%)
8,101 sf (55% + 10% for Deed
Restricted 2nd Dwelling Unit)
1,288 sf (50% of 2,575 sf )
Floor Area
First Floor
Enclosed Porch
Garage
Total Floor Area
3,737 sf
13.5 sf
517 sf
4,267 sf
4,268 sf (includes 10% for Deed
Restricted 2nd Dwelling Unit)
Height
Lowest Elevation Point:
Highest Elevation Point:
Average Elevation Point:
Proposed Topmost Point:
100.0’
101.3’
100.65’
124.15’ (23’6”)
26 feet Maximum
Application PDR15-0016; 20700 Verde Vista /503-58-003 Page 2 of 5
63
PROJECT DESCRIPTION/DISCUSSION
DESIGN REVIEW
Neighborhood Description: The .30 acre property is located at 20700 Verde Vista, which runs
directly off of Saratoga-Sunnyvale Road. The residential neighborhood is a mixture of older
California Ranch Style residences and newer traditional residences without a specific architectural
theme.
Architectural Design: There is no specific architectural theme that characterizes the applicant’s
proposed project, other than the minimal French style features incorporated into the design, such
as the ornate front entry door design,. The proposed exteriors elevation drawings for the project
include a high profile, composition shingle roof, cement plaster exterior wall covering, wood
clad windows with cast stone trim, and a stained wood entry and garage door elements. The
entry door includes glass panel and wrought iron components.
Trees/Landscaping: No trees are proposed for removal by the project. The applicant proposes to
plant one 36-inch box tree within the front yard. The front yard landscaping includes a new three
foot landscape wall, mixed bark, and Festuca arundnacea grass, also known as "Tall Fescue".
This is a typical grass species specified for green roof systems.
Secondary Dwelling Unit: The project includes an attached 312 square foot deed restricted
secondary dwelling unit proposed to be located at along the southwestern portion of the
residence. A Condition of Approval for the project will require that the secondary dwelling unit
may only be rented to below market rate households. The applicant has met the necessary
standards established by the City to approve the secondary dwelling unit.
Neighbor Notification and Correspondence: The applicant submitted signed notification forms
from five neighbors (Attachment 2). Those neighbors submitted no comments.
Staff did receive comments from an eastern adjacent neighbor residing at 20686 Verde Vista
Lane and a rear neighbor located at 20697 Woodward Ct. (Attachment 3). The 20686 Verde
Vista neighbor stated "the height and mass of the proposed house will significantly alter the view
from our backyard, reduce our sense of openness and privacy, and loom over us". The 20697
Woodward Ct. stated “The proposed 23’6” tall house will block my views, etc.” No additional
correspondences have been received from these neighbors.
The City of Saratoga zoning code and the Residential Design Review Handbook for the City of
Saratoga are referenced for all projects that require design review. Within the City Code and
Detail Colors and Materials
Exterior Cement Plaster “Beige”
Trim Cast-stone Sill & Trim "Limestone"
Windows Wood-Clad "White"
Roof Flat Concrete tile "Appalachian" Blend - Light Grey and Brown
Application PDR15-0016; 20700 Verde Vista /503-58-003 Page 3 of 5
64
handbook, it defines view sheds as "any view from an area that has scenic value for the
community." These views are typically located from city streets, city parks and the public right-
of-way, but not from rear yards from private properties.
The proposed project is a redevelopment of an older single-story home. The Residential Design
Review Handbook states "it is reasonable to expect that redevelopment of an older single-story
home will have some impact on neighbor views of the sky, trees, and natural landscape". The
City respects the concerns of the adjacent neighbor, but after analyzing the project, the view
impacts are more a combination of the larger structure and the higher topography of the project
location. The applicant has not requested any exceptions and has provided a design that is
approximately two and a half feet lower than what is allowable in the area. The project would
retain its single-story and seems to be in scale with structures in the neighborhood.
FINDINGS
Design Review Findings:
The Planning Commission may grant Design Review approval pursuant to City Code Article 15-45,
if the Planning Commission makes all of the following 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 residence proposed is substantially located within the building footprint of the existing
residence. The potential for major grading is minimal in that the lot is relatively flat.
(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 in that the
applicant has not proposed the removal of any trees on the site.
(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 structure is located in the
middle of the lot and meeting required setbacks, while proposing a height lower than what is
allowable per the City Code. The proposed design has been thoughtfully designed and sited
appropriately on the lot to lessen the impact on the neighborhood and public right-of-way.
(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 proposed residence uses simple and well-
proportioned massing, simple roof forms and wall planes, and minimizes the use of excessive
colors and materials. Furthermore, the color pallet proposed for the project is earth tone and
consistent with the suburban surroundings.
Application PDR15-0016; 20700 Verde Vista /503-58-003 Page 4 of 5
65
(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 applicant has proposed a mixture of bark, perennials, and tall fescue.
Hardscape within the front setback would only come in the form of the necessary driveway
and low profile landscape wall.
(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 proposed location would not
impact solar access for adjacent properties. The distance between adjacent structures is
sufficient to allow solar access.
(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 proposed residence has incorporated design techniques such as minimizing hardscape in
the front setback area, designed the structure with simple and well-proportioned massing, and
minimized the use of excessive colors and materials along the elevations.
(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 finding is not applicable as the site is not 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. Neighbor Notification Forms
3. Notification from 20686 Verde Vista Lane
4. Story Pole Certification Letter
5. Development Plans (Exhibit "A")
Application PDR15-0016; 20700 Verde Vista /503-58-003 Page 5 of 5
66
RESOLUTION NO. 15-030
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
FOR DESIGN REVIEW NO. PDR15-0016 APPROVING A NEW ONE-STORY
RESIDENCE LOCATED AT 20770 VERDE VISTA LN.
(APN 503-58-003)
WHEREAS, an application was submitted by Ruiqing Jiang and Zheng Jin in order to
demolish an existing house and construct a new 23 foot, 6 inch tall single-story 4,268 square foot
home that would include a two-car garage and deed-restricted second dwelling unit. Planning
Commission design review is required because the project consists of a new single-story
residence over 18 feet in height. No protected trees are proposed for removal. . The foregoing
work is described as the “Project” in this Resolution.
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 July 8, 2015, 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 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; Land Use Element Goal 10 which minimizes
the impact of development proposals in hillside areas by requiring visual analyses and
imposition of conditions to prevent or reduce significant visual impacts; 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.
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Resolution No. 15-030 Page 2
Section 4: The project is consistent with the Saratoga City Code in that the design and
improvements are consistent with the design review findings in that the project’s site
development follows the 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) and 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; and 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 view sheds; and the overall mass and the
height of the structure, and its architectural elements are in scale with the structure itself and with
the neighborhood; and the landscape design minimizes hardscape in the front setback area and
contains elements that are complementary to the neighborhood streetscape; and the 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, pursuant to Section 15-45.055; and that if the project is a hillside lot, that the
location and the design of the structure avoid unreasonable impacts to ridgelines, significant
hillside features, community view sheds, and is in compliance with Section 15-13.100 of the City
Code (not applicable as this is not a hillside lot).
Section 5: The City of Saratoga Planning Commission hereby approves PDR15-0016,
located at 20700 Verde Vista Lane (APN 503-58-003), 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 8th day of
July 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Leonard Almalech
Chair, Planning Commission
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Resolution No. 15-030 Page 3
EXHIBIT 1
CONDITIONS OF APPROVAL
PDR15-0016
20700 VERDE VISTA LANE (APN: 503-58-003)
1. All conditions below which are identified as permanent or for which an alternative period of
time for applicability is specified shall run with the land and apply to the landowner’s
successors in interest for such time period. No zoning clearance, or demolition, or grading
permit for this project shall be issued until proof is filed with the city that a certificate of
approval documenting all applicable permanent or other term-specified conditions has been
recorded by the applicant with the Santa Clara County Recorder’s office in form and content
to the satisfaction of the Community Development Director. If a condition is not
“Permanent” or does not have a term specified, it shall remain in effect until the issuance by
the City of Saratoga of a Certificate of Occupancy or its equivalent.
2. The Owner and Applicant will be mailed a statement after the time the Resolution granting
this approval is duly executed, containing a statement of all amounts due to the City in
connection with this application, including all consultant fees (collectively “processing
fees”). THIS APPROVAL OR PERMIT SHALL EXPIRE SIXTY (60) DAYS AFTER
THE DATE SAID NOTICE IS MAILED IF ALL PROCESSING FEES CONTAINED
IN THE NOTICE HAVE NOT BEEN PAID IN FULL. No Zoning Clearance or
Demolition, Grading, or Building Permit may be issued until the City certifies that all
processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is
maintained).
3. The Project shall maintain compliance with all applicable regulations of the State, County,
City and/or other governmental agencies having jurisdiction including, without limitation, the
requirements of the Saratoga Zoning Regulations incorporated herein by this reference.
4. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and
hold the City and its officers, officials, boards, commissions, employees, agents and
volunteers harmless from and against:
a. any and all claims, actions or proceedings to attack, set aside, void or annul any
action on the subject application, or any of the proceedings, acts or determinations
taken, done or made prior to said action; and
b. any and all claims, demands, actions, expenses or liabilities arising from or in any
manner relating to the performance of such construction, installation, alteration or
grading work by the Owner and/or Applicant, their successors, or by any person
acting on their behalf.
In addition, prior to any Zoning Clearance, Owner and Applicant shall execute a separate
agreement containing the details of this required Agreement to Indemnify, Hold harmless and
Defend, which shall be subject to prior approval as to form and content by the City Attorney.
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Resolution No. 15-030 Page 4
5. Construction must be commenced within 36 months of the date of this approval, or the
resolution will expire.
COMMUNITY DEVELOPMENT
6. Compliance with Plans. The development shall be located and constructed to include those
features, and only those features, as shown on the Approved Plans dated June 10, 2015
denominated Exhibit "A". All proposed changes to the Approved Plans must be submitted in
writing with plans showing the changes, including a clouded set of plans highlighting the
changes. Such changes shall be subject to approval in accordance with Condition 3, above.
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 and referenced in Condition
No. 6 above;
b. A note shall be included on the site plan stating that no construction equipment or
private vehicles shall be parked or stored within the root zone of any Ordinance-
protected tree on the site;
c. This Resolution printed onto separate construction plan pages; d. A final utility plan that shows location of HVAC mechanical equipment outside of required setback areas; e. A final Drainage and Grading Plan stamped by a registered Civil Engineer combined with the above-required Stormwater Detention Plan; f. A final Landscape and Irrigation Plan; and
g. All additional drawings, plans, maps, reports, and/or materials required by the Building
Division.
8. Lighting. Exterior lighting shall be shielded so as not to shine on adjacent properties or
public right-of-way.
9. Maintenance of Construction Project Sites. Because this Design Review Approval
authorizes a project which requires a Building Permit, compliance with City Code Section
16-75.050 governing maintenance of construction project sites is required.
10. Fences, Walls and Hedges. All fences, walls and hedges not in connection with the
proposed fence exception shall conform to height requirements provided in City Code
Section 15-29.
11. Final Landscaping and Irrigation Plan. The final landscaping and irrigation plan shall
take into account the following:
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Resolution No. 15-030 Page 5
a. To the extent feasible, landscaping shall be designed and operated to treat storm water
runoff by incorporating elements that collect, detain and infiltrate runoff. In areas that
provide detention of water, plants that are tolerant of saturated soil conditions and
prolong exposure to water shall be specified.
b. To the extent feasible, pest resistant landscaping plants shall be used throughout the
landscaped area, especially along any hardscape area.
c. Plant materials selected shall be appropriate to site specific characteristics such as soil
type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall,
air movement, patterns of land use, ecological consistency and plant interactions to
ensure successful establishment.
d. Pest resistant landscaping plants shall be considered for use throughout the
landscaped area, especially along any hardscape area.
e. Any proposed or required under grounding of utilities shall take into account potential
damage to roots of protected trees
12. Fire Department Requirements. Owner/applicant shall comply with all Fire Department
requirements.
13. 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.
14. Front yard landscaping. Front yard landscaping shall be installed prior to final inspection
or a bond satisfactory to the Community Development Department valued at 150% of the
estimated cost of the installation of such landscaping shall be provided to the City.
15. Second Dwelling Unit - Deed Restricted. The owner shall restrict the rental of the second
unit to only households that qualify as lower, very-low, or extremely-low income households
as those terms are defined in the move recent Santa Clara County Housing and Urban
Development Program Income Limits or, in the event that the most recent such report is more
than five years old, in accordance with the definitions set forth in Health and Safety Code
sections 50079.5,50105, and 50106 as those sections exist as of the effective date of this
restriction. "Rental" means any agreement whereby the occupant(s) of the second unit make
any payment in consideration of said occupancy. THIS CONDITION IS PERMANENT.
PUBLIC WORKS
16. Encroachment Permit. The applicant (owner) shall obtain an encroachment permit for any
and all improvements in any City right-of-way or City easement prior to commencement of
the work to implement this Design Review.
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REPORT TO
THE PLANNING COMMISSION
Meeting Date: July 8, 2015 (continued from February 11, 2015)
Application: PDR14-0022 / FER14-0003
Location / APN: 0 Pierce Road / 503-18-002
Owner/Applicant: Nina Tang / Tri Hong
Staff Planner: Michael Fossati, Planner
0 Pierce Rd. (intersection of Saratoga-
Sunnyvale Rd. and Pierce Rd.
Page 1 of 6
100
Summary
PROJECT DESCRIPTION: The applicant is proposing a new single-story residence and fence
exception on a vacant lot located at the intersection of Saratoga-Sunnyvale Road and Pierce Road.
Nine of the existing 27 trees on the site have been approved by the City Arborist to be removed, as
they are either in conflict with the design or are in poor health and structure.
STAFF RECOMMENDATION: Adopt Resolution No. 15-001 approving the project subject to
conditions of approval.
Design review approval is required pursuant to City Code Section 15-45.060. Fence Exception
approval is required pursuant to City Code Section 15-29.090.
PROJECT DATA:
Site Area: 22,239 sf gross / 17,132 sf net
Average Slope: 4%
Grading: 90 cy of cut and 90 cy of fill
General Plan Designation: Medium Density Residential (M-12.5)
Zoning: Single-Family Residential (R1-12,500)
Proposed Allowed/Required
Site Coverage
Main House & Garage
Front Porch Area
Front Landing / Steps
Front Yard Walkway
Front Yard Patios
Rear Patio
Rear & Side Landing
Front & Side Parking
Paver Driveway
Total Site Coverage
Front Yard Impervious
4,451 sf
82 sf
116 sf
60 sf (50% of 120)
337 sf (50% of 674)
304 sf
83 sf
704 sf (50% of 1408)
351 sf (50% of 702)
6,488 sf (37.8%)
774 sf (19.9%)
10,364 sf (55% + 10% 2nd dwelling)
3,887 sf
Floor Area
Main House & Garage
Total Floor Area
4,451 sf
4,451 sf
4,712 sf (4,284 sf + 428 sf for deed
restricted 2nd dwelling unit)
Height
Lowest Elevation Point:
Highest Elevation Point:
Average Elevation Point:
Proposed Topmost Point:
83.6’
87.2’
85.4’
105.9’ (20’6”)
26 feet Maximum
Application PDR14-0022/FER14-0003; 0 Pierce Road /503-18-002 Page 2 of 6
101
Proposed Allowed/Required
Setbacks
Front:
Left Side:
Right Side:
Rear:
1st Story
42’
32’
10’
13’
1st Story
25’
25’
10’
10’
PROJECT DESCRIPTION/DISCUSSION
DESIGN REVIEW
Project Description:
The project was reviewed at the February 11, 2015 Planning Commission meeting but continued for
redesign. A complete description of the previous project can be found within the previous staff
report (Attachment 2). As a result of the Planning Commission comments from the previous
meeting, the applicant has made substantial changes to the proposed project. A list of design
changes have summarized below:
• The building height has been lowered by three feet, nine inches. (from 24'3" to 20'6")
• The total floor area has been decreased by 260 sf. (4,711 sf to 4,451 sf)
• The total site coverage has been decreased by 611 sf. (7,099 sf to 6,488 sf)
• The rear setback has been increased by three feet. (10 ft to 13 ft)
• The exterior side setback has been increased by seven feet. (25 ft to 32 ft)
• The additional rear setback increase has allowed an additional uncovered parking spot
adjacent to the proposed garage.
• The front entry has been lowered by three feet. (23 ft. to 20 ft.)
• The amount of window fenestration has been simplified along the exterior side elevation.
• Moved the building approximately three feet east and seven feet north near the existing Oak
near the center of the site that has been approved for removal.
The height reduction resulted from the applicant changing the style of the proposed roof forms from
a gable to hip roof. The lowered roof structure provided less space between the eaves and head of
the window, eliminating the gable louvers and simplifying the overall design and wall forms. The
applicant also decreased the total size of the main residence by 260 square feet and shifted the
residence three feet east, to maximize the setback from the adjacent western property line and the
adjacent neighbor.
On-site Parking: The Planning Commission and neighboring property owners expressed concerns
regarding the need for additional on-site parking due to the size of structure proposed and noted
potential parking impacts along Pierce Road due to the configuration of the roadway and the
proximity of the project site to the intersection with Sunnyvale-Saratoga Road. The applicant
responded to this concern by increasing the amount of parking area without increasing the amount
Application PDR14-0022/FER14-0003; 0 Pierce Road /503-18-002 Page 3 of 6
102
of impervious coverage. The applicant is proposing to install grasscrete along the rear (western)
property line and exterior side (south) property line. This will allow the functionality of creating up
to six additional parking spaces on-site while maintaining soft scape along portions of the rear and
exterior side yard. Furthermore, all additional parking spaces proposed now allow for a turnaround
to occur on the subject property, rather than backing out on Pierce Road.
Neighbor Notification and Correspondence: Along with the changes described above, the
applicant has made an effort to speak directly with one of the neighbors that addressed concerns
of the project. Staff does not have any information on the outcome of their discussions.
, The City re-noticed the project using standard protocol because the project was continued to a
date uncertain after the February 11 meeting. Staff has not received any comments to date.
FINDINGS
Design Review Findings:
The Planning Commission may grant Design Review approval pursuant to City Code Article 15-45,
if the Planning Commission makes all of the following 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 residence has been proposed on the on the flattest area of the site. The eastern area,
closest to Saratoga-Sunnyvale Road, has a steeper slope, and therefore is not appropriate in
order to minimize grading and visibility.
(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 in that the
applicant has designed the project to retain the maximum amount of trees possible while
utilizing and enjoying the property for development when there is no other feasible
alternative to the removal. Although the project arborist determined 17 trees met the criteria
for removal, per Saratoga City Code, the applicant has only proposed to remove 9 trees that
are either in direct conflict with the project location or in poor health and structure. Eight of
the 9 trees are “trees of heaven,” not considered a highly desirable species. Only one native
tree has been approved for removal, as the tree has a high probability of failing in the
foreseeable future, per the May 14, 2014 tree report by David Babby.
(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 home has been designed as
a single story structure to minimize privacy and viewshed impacts. The hip roof form allows
the applicant to enjoy the increased interior height of the structure while maintain a lower
building height profile. The proposed residence has been setback from both the front and
Application PDR14-0022/FER14-0003; 0 Pierce Road /503-18-002 Page 4 of 6
103
exterior side property lines to decrease the impacts on community viewsheds from the public
right-of-way. The structure height is approximately 20 feet, six inches, and exceeds the
required setbacks from the front and exterior side property lines.
(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 single-story home has been designed with varying roof lines, the incorporation of eaves
and rooflines that are in scale with the residences along Pierce Road, and the design of
appurtenances that are in proportion to the overall building form and neighborhood.
Furthermore, a redesign of the proposal included decreasing the height and increasing the
distance of the building footprint from the exterior side and rear of the property, which are
techniques in line with residences in the neighborhood.
(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. The proposed driveway and walkways are permeable to maximize natural drainage.
Existing native landscape would remain in the front setback while new drought-tolerant
landscaping and grasscrete would be introduced within the exterior side setback. Grasscrete
is a product that is covered by grass, but has the structural integrity to handle heavy loads,
such as automobile traffic. A soundwall has been proposed along a portion of the exterior lot
lines that is complementary with other residences along Saratoga-Sunnyvale and Pierce road.
(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 proposed location and hip
roof design would not impact solar access for adjacent property located west. All other
properties located north, east and south are substantially setback from the project location
and will be unaffected in regards to solar access.
(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 building design and site plan incorporate several techniques from the Residential Design
Handbook, including the avoidance of flattening the top of a sloped roof to accommodate
height limitations, designing wall plane heights and eave heights that are in scale with
adjacent residences, using exterior materials that complement the streetscape, managing the
bulk and mass of a structure to minimize interference of views from the street, and selecting
materials, colors, and details that enhance the architecture in a well-composed, understated
manner.
(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 finding is not applicable as the site is not a hillside lot.
Fence Exception Findings:
Application PDR14-0022/FER14-0003; 0 Pierce Road /503-18-002 Page 5 of 6
104
The Planning Commission may grant a fence exception as applied for or in modified form,
pursuant to City Code Article 15-29.090, if the Planning Commission makes all of the following
findings:
(a) The subject fence will be compatible with other similar structures in the neighborhood.
The project meets this finding as the majority of properties along either Saratoga-Sunnyvale
Road or Pierce Road have sound walls or front yard fences that buffer noise and sound from
the adjacent street.
(b) The entirety of the subject fence will be constructed of materials that are of high quality,
exhibit superior craftsmanship, and that are durable. The project meets this finding in that
the requested fence would be constructed of wood in a board and batten design, similar to
fences along Saratoga-Sunnyvale Road.
(c) The modification will not impair the integrity and character of the neighborhood in which
the fence is located. The project meets this finding in that the wall would continue a theme
currently in effect along Saratoga-Sunnyvale Road. The sound wall would not impair the
integrity or character of the neighborhood because it would be made of high quality materials
that are consistent with the main residence and properties along the main thoroughfare of
Saratoga-Sunnyvale Road. The portion of wall that would continue along Pierce Road would
be significantly setback from the street and would be buffered by existing and proposed
landscaping within the public right-of-way.
(d) The granting of the exception will not be detrimental or injurious to the property, adjacent
neighbors, or improvements in the general vicinity and district in which the property is
located. The project meets this finding because the proposed sound wall is well designed and
located in a manner that is not overbearing or insensitive to the neighboring properties.
(e) The granting of the exception will not create a safety hazard for vehicular, pedestrian or
bicycle traffic and does not obstruct the safe access to and from adjacent properties. The
project meets this finding because the wall is substantially setback from both Saratoga-
Sunnyvale and Pierce Road, allowing the unobstructed access of vehicle, pedestrian or
bicycle traffic currently afforded to the property.
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. PC Staff Report, dated February 11, 2015
3. Development Plans (Exhibit "A")
Application PDR14-0022/FER14-0003; 0 Pierce Road /503-18-002 Page 6 of 6
105
RESOLUTION NO. 15-001
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
FOR DESIGN REVIEW NO. PDR14-0022 AND FER14-0003 APPROVING A NEW ONE-
STORY RESIDENCE AND FENCE EXCEPTION LOCATED AT
0 PIERCE ROAD (APN 503-18-002)
WHEREAS, an application was submitted by Nina Tang and Wei Li, in order to build a
new 4,451 sq. ft., 20.5 foot tall, one-story residence and seven foot wood fence along Saratoga-
Sunnyvale Road and a portion of Pierce Road. Design Review approval is required because the
proposed project is new single-story structure over eighteen feet in height. Fence Exception
approval is required because the application includes a wall over six feet in height in an exterior
side setback area. The foregoing work is described as the “Project” in this Resolution.
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 January 14, 2015 and February 11, 2015, the Planning Commission held
a duly noticed public hearing on the subject application, and after considering evidence presented
by City staff, the applicant, and other interested parties, requested the applicant to revise the
project to address height, mass, and parking concerns.
WHEREAS, on July 8, 2015 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 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; Land Use Element Goal 10 which minimizes
the impact of development proposals in hillside areas by requiring visual analyses and
106
Resolution No. 15-001 Page 2
imposition of conditions to prevent or reduce significant visual impacts; 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’s site
development follows the 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) and 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; and 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 view sheds; and the overall mass and the
height of the structure, and its architectural elements are in scale with the structure itself and with
the neighborhood; and the landscape design minimizes hardscape in the front setback area and
contains elements that are complementary to the neighborhood streetscape; and the 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, pursuant to Section 15-45.055; and that if the project is a hillside lot, that the
location and the design of the structure avoid unreasonable impacts to ridgelines, significant
hillside features, community view sheds, and is in compliance with Section 15-13.100 of the City
Code (not applicable as this is not a hillside lot).
Section 5: The project is consistent with the Saratoga City Code in that the Planning
Commission may grant an exception to the regulations regarding fences as long as the following
findings can be made, which includes that the subject fence will be compatible with other similar
structures in the neighborhood; the entirety of the subject fence will be constructed of materials
that are of high-quality, exhibit superior craftsmanship, and that are durable; the modification
will not impair the integrity and character of the neighborhood in which the fence is located; that
granting of the exception will not be detrimental or injurious to the property or adjacent
neighbors, or improvements in the general vicinity and district which the property is located; and
the granting of the exception will not create a safety hazard for vehicular, pedestrian or bicycle
traffic and does not obstruct the safe access to and from adjacent properties.
Section 6: The project is consistent with the Saratoga City Code in that nine protected
trees that meet the criteria established in Section 15-50.080(a) are being removed, as determined
by the City Arborist.
Section 7: The City of Saratoga Planning Commission hereby approves PDR14-0022 and
FER14-0003, located at 0 Pierce Road (APN 503-18-002), 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 8th day of
July 2015 by the following vote:
AYES:
107
Resolution No. 15-001 Page 3
NOES:
ABSENT:
ABSTAIN:
___________________________________
Leonard Almalech
Chair, Planning Commission
108
Resolution No. 15-001 Page 4
EXHIBIT 1
CONDITIONS OF APPROVAL
PDR14-0022 / FER14-0003
0 PIERCE ROAD (APN: 503-18-002)
1. All conditions below which are identified as permanent or for which an alternative period of
time for applicability is specified shall run with the land and apply to the landowner’s
successors in interest for such time period. No zoning clearance, or demolition, or grading
permit for this project shall be issued until proof is filed with the city that a certificate of
approval documenting all applicable permanent or other term-specified conditions has been
recorded by the applicant with the Santa Clara County Recorder’s office in form and content
to the satisfaction of the Community Development Director. If a condition is not
“Permanent” or does not have a term specified, it shall remain in effect until the issuance by
the City of Saratoga of a Certificate of Occupancy or its equivalent.
2. The Owner and Applicant will be mailed a statement after the time the Resolution granting
this approval is duly executed, containing a statement of all amounts due to the City in
connection with this application, including all consultant fees (collectively “processing
fees”). THIS APPROVAL OR PERMIT SHALL EXPIRE SIXTY (60) DAYS AFTER
THE DATE SAID NOTICE IS MAILED IF ALL PROCESSING FEES CONTAINED
IN THE NOTICE HAVE NOT BEEN PAID IN FULL. No Zoning Clearance or
Demolition, Grading, or Building Permit may be issued until the City certifies that all
processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is
maintained).
3. The Project shall maintain compliance with all applicable regulations of the State, County,
City and/or other governmental agencies having jurisdiction including, without limitation, the
requirements of the Saratoga Zoning Regulations incorporated herein by this reference.
4. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and
hold the City and its officers, officials, boards, commissions, employees, agents and
volunteers harmless from and against:
a. any and all claims, actions or proceedings to attack, set aside, void or annul any
action on the subject application, or any of the proceedings, acts or determinations
taken, done or made prior to said action; and
b. any and all claims, demands, actions, expenses or liabilities arising from or in any
manner relating to the performance of such construction, installation, alteration or
grading work by the Owner and/or Applicant, their successors, or by any person
acting on their behalf.
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.
109
Resolution No. 15-001 Page 5
5. Construction must be commenced within 36 months of the date of this approval, or the
resolution will expire.
COMMUNITY DEVELOPMENT
6. Compliance with Plans. The development shall be located and constructed to include those
features, and only those features, as shown on the Approved Plans dated May 12, 2015
denominated Exhibit "A". All proposed changes to the Approved Plans must be submitted in
writing with plans showing the changes, including a clouded set of plans highlighting the
changes. Such changes shall be subject to approval in accordance with Condition 3, above.
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 and referenced in Condition
No. 5 above;
b. A note shall be included on the site plan stating that no construction equipment or
private vehicles shall be parked or stored within the root zone of any Ordinance-
protected tree on the site;
c. This Resolution printed onto separate construction plan pages; d. A final utility plan that shows location of HVAC mechanical equipment outside of required setback areas; e. A final Drainage and Grading Plan stamped by a registered Civil Engineer combined with the above-required Stormwater Detention Plan; f. A final Landscape and Irrigation Plan; and
g. All additional drawings, plans, maps, reports, and/or materials required by the Building
Division.
8. Lighting. Exterior lighting shall be shielded so as not to shine on adjacent properties or
public right-of-way.
9. Maintenance of Construction Project Sites. Because this Design Review Approval
authorizes a project which requires a Building Permit, compliance with City Code Section
16-75.050 governing maintenance of construction project sites is required.
10. Fences, Walls and Hedges. All fences, walls and hedges not in connection with the
proposed fence exception shall conform to height requirements provided in City Code
Section 15-29.
11. Final Landscaping and Irrigation Plan. The final landscaping and irrigation plan shall
take into account the following:
110
Resolution No. 15-001 Page 6
a. To the extent feasible, landscaping shall be designed and operated to treat storm water
runoff by incorporating elements that collect, detain and infiltrate runoff. In areas that
provide detention of water, plants that are tolerant of saturated soil conditions and
prolong exposure to water shall be specified.
b. To the extent feasible, pest resistant landscaping plants shall be used throughout the
landscaped area, especially along any hardscape area.
c. Plant materials selected shall be appropriate to site specific characteristics such as soil
type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall,
air movement, patterns of land use, ecological consistency and plant interactions to
ensure successful establishment.
d. Pest resistant landscaping plants shall be considered for use throughout the
landscaped area, especially along any hardscape area.
e. Any proposed or required under grounding of utilities shall take into account potential
damage to roots of protected trees
12. Fire Department Requirements. Owner/applicant shall comply with all Fire Department
requirements.
13. 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.
14. Front & exterior side yard landscaping. Front and exterior side yard landscaping shall be
installed prior to final inspection or a bond satisfactory to the Community Development
Department valued at 150% of the estimated cost of the installation of such landscaping shall
be provided to the City.
15. Second Dwelling Unit - Deed Restricted. The owner shall restrict the rental of the second
unit to only households that qualify as lower, very-low, or extremely-low income households
as those terms are defined in the move recent Santa Clara County Housing and Urban
Development Program Income Limits or, in the event that the most recent such report is more
than five years old, in accordance with the definitions set forth in Health and Safety Code
sections 50079.5,50105, and 50106 as those sections exist as of the effective date of this
restriction. "Rental" means any agreement whereby the occupant(s) of the second unit make
any payment in consideration of said occupancy. THIS CONDITION IS PERMANENT.
16. Landscape Maintenance. The applicant shall landscape and permanently maintain an area
parallel to and along the entire exterior side of the wall facing both Saratoga-Sunnyvale Road
and Pierce Road. Prior to issuance of the building permit, a landscape maintenance
agreement shall be executed by the applicant and recorded in the office of the County
Recorder, which agreement shall constitute a covenant running with the land. THIS
CONDITION IS PERMANENT.
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Resolution No. 15-001 Page 7
CITY ARBORIST
17. Arborist Report. All recommendations of the Arborist Report dated September 30, 2014
and all other future updated reports, and incorporated herein by this reference shall be
followed and incorporated (in its entirety) into the plans.
PUBLIC WORKS
18. Encroachment Permit. The applicant (owner) shall obtain an encroachment permit for any
and all improvements in any City right-of-way or City easement prior to commencement of
the work to implement this Design Review.
112
REPORT TO
THE PLANNING COMMISSION
Meeting Date: February 11, 2015
Application: PDR14-0022 / FER14-0003
Location / APN: 0 Pierce Road / 503-18-002
Owner/Applicant: Nina Tang / Tri Hong
Staff Planner: Michael Fossati, Planner
0 Pierce Road
Page 1 of 8
113
Summary
PROJECT DESCRIPTION: The applicant is proposing a new 24 foot tall single-story 4,711 square
foot home that would include a two-car garage and attached second dwelling unit on a vacant lot
located at the intersection of Saratoga-Sunnyvale Road and Pierce Road. The applicant has also
requested a fence exception to allow seven foot high and six foot high wood fencing in front and
along a portion of the exterior side setback. The fence exception is only required for the portion of
the property facing Pierce Road since a fence acting as a soundwall is allowed within the front
setback adjacent to Saratoga-Sunnyvale Road. Nine of the existing 27 trees on the site have been
approved by the City Arborist to be removed, as they are either in conflict with the design or are in
poor health and structure.
STAFF RECOMMENDATION: Adopt Resolution No. 15-001 approving the project subject to
conditions of approval.
Design review approval is required pursuant to City Code Section 15-45.060. Fence Exception
approval is required pursuant to City Code Section 15-29.090.
PROJECT DATA:
Site Area: 22,239 sf gross / 17,132 sf net
Average Slope: 4%
Grading: 90 cy of cut and 90 cy of fill
General Plan Designation: Medium Density Residential (M-12.5)
Zoning: Single-Family Residential (R1-12,500)
Proposed Allowed/Required
Site Coverage
Main House & Garage
Front Porch Area
Front Walkway
Sidewalk & Patios
Paver Driveway
Total Site Coverage
Front Yard Impervious
4,711 sf
119 sf
631 sf
514 sf
830 sf (50% of 1,660)
7,099 sf (41.4%)
2,291 sf (40%)
9,423 sf (55%)
2,638 sf (50% of 5,726 sf )
Floor Area
Main House & Garage
Total Floor Area
4,711 sf
4,711 sf
4,712 sf (4,284 sf + 428 sf for deed
restricted 2nd dwelling unit)
Height
Lowest Elevation Point:
Highest Elevation Point:
Average Elevation Point:
Proposed Topmost Point:
83.4’
87.2’
85.3’
109.55’ (24’3”)
26 feet Maximum
Application PDR14-0022/FER14-0003; 0 Pierce Road /503-18-002 Page 2 of 8
114
Proposed Allowed/Required
Setbacks
Front:
Left Side:
Right Side:
Rear:
1st Story
38’
25’
13’
10’
1st Story
25’
25’
10’
10’
PROJECT DESCRIPTION/DISCUSSION
DESIGN REVIEW
Site and Neighborhood Description: The 22,000 sf vacant corner property is located at the
intersection of Saratoga-Sunnyvale Road and Pierce Road. The property is referred to as “0 Pierce
Road” because it has no existing structure on-site. Properties without structures do not have
addresses. The residential neighborhood includes both single-story and two-story homes with
various architectural styles . Across the street from Saratoga-Sunnyvale Road are Argonaut
Shopping Center and Saratoga Oaks Professional and Commercial Office Center.
Architectural Design: The single story home does not follow a specific architectural theme, but
is similar to many new residences within the City. The residence would be 24.25 feet in height.
The exterior materials would include stucco exterior, stucco columns and trim, steel carriage
garage door, wood entry door, and a concrete tile roof. The design includes accents such as a
decorative metal chimney cap, faux vent louvers, and keystones above the windows.
Landscaping: The landscape design includes a drought-tolerant landscape design that includes
Daylilies, Rhododendron, Azaleas, Japanese Anemone, and Pink Muhly. Permeable pavers from
CalStone Paving would be installed for the driveway and walkway areas.
Trees: Nine trees protected by City Code are requested for removal (Attachment 2). The City
Arborist has approved the removal of those trees (eight “Trees of Heaven” and one “Coast Live
Oak). Reasons for removal include, but are not limited to, the condition of the trees with respect
to disease, imminent danger of falling, proximity to existing or proposed structures and
interference with utility services and the necessity to remove the trees because of physical
damage or threatened damage to improvements or impervious surfaces on the property. Staff
Detail Colors and Materials
Exterior & Trim Siesta Tan (Behr) Stucco
Windows Seista Tan (Anderson)
Front Door Rich Brown Stain (Wood)
Garage Door Sandstone (Amarr Oak Summit Collection)
Roof Village Blend (Eagle Bel Air) Concrete Flat Tile
Application PDR14-0022/FER14-0003; 0 Pierce Road /503-18-002 Page 3 of 8
115
notes that 17 trees were recommended for removal by the applicant’s arborist, but the applicant
has only applied for nine of those trees to be removed. The applicant will be required to install
tree fencing and place a monetary deposit of $11,400 for the remaining trees, and plant
replacement trees valuing $12,170 for the trees that are proposed to be removed, prior to building
occupancy.
CalGreen Standards/Sustainable Features: The project would comply with the required
Calgreen standards. Additionally, the home would include elective sustainable features,
including but not limited to, incorporating existing mature landscaping with new landscaping,
installation of a radiant barrier within the roof sheathing, insulation that exceeds building standards,
double-pane windows and doors, and energy star appliances.
Second Dwelling Unit: The applicant has proposed an attached second dwelling unit at the rear of
the residence. The unit is in compliance with all the development standards of City Code, with the
exception of the garage requirement. The applicant has proposed to deed restrict the second
dwelling unit to rent to below market rate households. By deed restricting the unit, the garage
requirement may be waived, pursuant to zoning code provisions. The applicant has demonstrated
an off-street parking pad in order to comply with City Code for deed restricted units.
Fence Exception: The applicant has also applied for a fence exception. The proposed fence would
act as a soundwall and would start on the northern portion of the property (adjacent to Saratoga-
Sunnyvale Road) and would run parallel with the property line heading south, around the corner
between Saratoga-Sunnyvale Road and Pierce Road. The fence would then head west parallel to
Pierce Road for an approximately 54 foot run The proposed fence would be setback ten feet from
the right-of-way line adjacent to Saratoga-Sunnyvale Road and setback approximately one foot
from the right-of-way line adjacent to Pierce Road. The fence would be seven feet in height, with an
additional foot of lattice, along Saratoga-Sunnyvale Road and a portion of Pierce Road. As the
grade increases along Pierce Road, the fence height would eventually drop to six feet, with an
additional foot of lattice. The fence would be constructed of wood in a board and batten pattern.
The tall fence would terminate by connecting to a shorter three foot wood fence which would
continue to run parallel with the property line until it stops at the proposed driveway.
Properties along Saratoga-Sunnyvale Road are allowed to install a fence soundwall without a fence
exception. The City required the fence exception because a portion of the fence would run along
Pierce Road and encroach within the exterior side setback. Staff recommends approval of the fence
exception per the findings below, particularly since it serves to reduce sound from the busy street
and would be generally well screened by existing and proposed plantings.
Neighbor Notification and Correspondence: The applicant has submitted six neighbor
notification forms (Attachment 3). On one of those forms, a neighbor had concerns about the
driveway location. Staff has concluded that the location of the proposed driveway is the best
option since it is as far from the intersection of Pierce Road and Saratoga-Sunnyvale Road as
possible. A driveway approach along Saratoga-Sunnyvale Road would be unsafe, due to the
amount of traffic on the main thoroughfare and the proximity to the signalized intersection.
Application PDR14-0022/FER14-0003; 0 Pierce Road /503-18-002 Page 4 of 8
116
A public notice was sent to property owners within 500 feet of the site. Staff received two additional
comment letters (Attachment 4) from the property owners at 12848 Pierce Road and 12881 Pierce
Road. The neighbors took issue with the following:
• Building height
• Second Dwelling Unit
• Setback from Pierce Road
• Soundwall height and location
• Tree removal
Staff has summarized the concerns of the neighbors and provided responses below:
Building Height – The applicant had previously applied for a 25 foot tall residence. The
neighbors’ disagree with any height exception for a single-story residence. Staff informed the
neighbors’ that the applicant had not applied for a height exception, because 26 feet is allowed
per code. Yet, in order to address the concerns of the neighbors the applicant revised their design
and lowered the overall height nine inches.
The height was decreased by lowering the wall plate height from 10 feet (previously) to 9 feet, 7
inches in certain areas of the building. This method was used instead of flattening the top of the
roof, which is inconsistent with the policies of the City’s Residential Design Handbook. The
project proposes a hip roof without any flattened areas. Furthermore, only approximately 5% of
the total roof structure is over 22 feet in height.
Second Dwelling Unit - The second dwelling unit being proposed is within the building
envelope, appearing as a single home, as suggested by one neighbor’s comment letter.
Setback from Pierce Road - The residence would be setback from the curb of Pierce Road
between 32 and 65 feet, which allows sufficient turnaround access for the project. Staff spoke
with Public Works on reviewing the potential access of the property via Saratoga-Sunnyvale
Road. Due to the higher traffic volume and location of the traffic signal, the safer option is to
have the residence accessed via Pierce Road, as currently proposed, at an adequate distance from
the intersection.
Soundwall height and location – The applicant had previously submitted a request for an eight
foot stucco soundwall within the front and exterior side setback. Due to the neighbors’ concerns,
the applicant has modified their plans. The applicant has now proposed a seven foot wood fence
with one foot of lattice to act as a soundwall to run parallel to the Saratoga-Sunnyvale Road and
a portion of Pierce Road. It’s the hope of the applicant that the modification addresses the
concerns of the neighbor while provides the applicant with a sound buffer, but with a softer
appearance of the wood fence in lieu of concrete. Furthermore, the applicant has included
drought-tolerant shrubs and plants along the outer portion of the fence, to break up the mass of
the fence from the public right-of-way view. Staff has included a conditional of approval that
requires the property owner file a Landscape Maintenance Agreement with the City to maintain
the proposed landscaping.
Application PDR14-0022/FER14-0003; 0 Pierce Road /503-18-002 Page 5 of 8
117
Tree Removals - No trees in the public right-of-way are proposed for removal. The site
contains over 27 trees. Nine of those trees are to be removed because they are either directly
within the building footprint or are in poor health and structure, as demonstrated in the arborist
report. This information has been discussed with the neighbors after their letters were received.
It should be noted that the comments received were based on the first design. To date, Staff has
not received any additional comments regarding the resubmitted project.
FINDINGS
Design Review Findings:
The Planning Commission may grant Design Review approval pursuant to City Code Article 15-45,
if the Planning Commission makes all of the following 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 residence has been proposed on the western portion of the lot, which is the flattest area of
the site. The eastern area, closest to Saratoga-Sunnyvale Road, has a steeper slope, and
therefore is not appropriate in order to minimize grading and visibility.
(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 in that the
applicant has designed the project to retain the maximum amount of trees possible while
utilizing and enjoying the property for development when there is no other feasible
alternative to the removal. Although the project arborist determined 17 trees met the criteria
for removal, per Saratoga City Code, the applicant has only proposed to remove 9 trees that
are either in direct conflict with the project location or in poor health and structure. Eight of
the 9 trees are “trees of heaven,” not considered a highly desirable species.
(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 home has been designed as
a single story structure to minimize privacy and viewshed impacts. The proposed residence
has been setback from both the front and exterior side property lines to decrease the impacts
on community viewsheds from the public right-of-way. The structure height is generally less
than 22 feet, but about 5% of the area is up to 24 feet, 3 inches in height.
(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 single-story home has been designed with varying roof lines, the incorporation of eaves
and rooflines that are in scale with the residences along Pierce Road, and the design of
appurtenances that are in proportion to the overall building form and neighborhood.
Application PDR14-0022/FER14-0003; 0 Pierce Road /503-18-002 Page 6 of 8
118
(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. The proposed driveway and walkways are permeable to maximize natural drainage.
Existing native landscape would remain in the front setback while new drought-tolerant
landscaping would be introduced within the exterior side setback. A soundwall has been
proposed along a portion of the exterior lot lines that is complementary with other residences
along Saratoga-Sunnyvale and Pierce road.
(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 proposed location and hip
roof design would not impact solar access for adjacent property located west. All other
properties located north, east and south are substantially setback from the project location
and will be unaffected in regards to solar access.
(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 building design and site plan incorporate several techniques from the Residential Design
Handbook, including the avoidance of flattening the top of a sloped roof to accommodate
height limitations, designing wall plane heights and eave heights that are in scale with
adjacent residences, using exterior materials that complement the streetscape, managing the
bulk and mass of a structure to minimize interference of views from the street, and selecting
materials, colors, and details that enhance the architecture in a well-composed, understated
manner.
(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 finding is not applicable as the site is not a hillside lot.
Fence Exception Findings:
The Planning Commission may grant a fence exception as applied for or in modified form,
pursuant to City Code Article 15-29.090, if the Planning Commission makes all of the following
findings:
(a) The subject fence will be compatible with other similar structures in the neighborhood.
The project meets this finding as the majority of properties along either Saratoga-Sunnyvale
Road or Pierce Road have sound walls or front yard fences that buffer noise and sound from
the adjacent street.
(b) The entirety of the subject fence will be constructed of materials that are of high quality,
exhibit superior craftsmanship, and that are durable. The project meets this finding in that
the requested fence would be constructed of wood in a board and batten design, similar to
fences along Saratoga-Sunnyvale Road.
Application PDR14-0022/FER14-0003; 0 Pierce Road /503-18-002 Page 7 of 8
119
(c) The modification will not impair the integrity and character of the neighborhood in which
the fence is located. The project meets this finding in that the wall would continue a theme
currently in effect along Saratoga-Sunnyvale Road. The sound wall would not impair the
integrity or character of the neighborhood because it would be made of high quality materials
that are consistent with the main residence and properties along the main thoroughfare of
Saratoga-Sunnyvale Road. The portion of wall that would continue along Pierce Road would
be significantly setback from the street and would be buffered by existing and proposed
landscaping within the public right-of-way.
(d) The granting of the exception will not be detrimental or injurious to the property, adjacent
neighbors, or improvements in the general vicinity and district in which the property is
located. The project meets this finding because the proposed sound wall is well designed and
located in a manner that is not overbearing or insensitive to the neighboring properties.
(e) The granting of the exception will not create a safety hazard for vehicular, pedestrian or
bicycle traffic and does not obstruct the safe access to and from adjacent properties. The
project meets this finding because the wall is substantially setback from both Saratoga-
Sunnyvale and Pierce Road, allowing the unobstructed access of vehicle, pedestrian or
bicycle traffic currently afforded to the property.
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. Arborist Report
3. Neighbor Notification Forms
4. Letters from Neighbors
5. Storypole Certification Letter – 0 Pierce Road
6. Color Elevation
7. Development Plans (Exhibit "A")
Application PDR14-0022/FER14-0003; 0 Pierce Road /503-18-002 Page 8 of 8
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RESOLUTION NO. 15-001
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
FOR DESIGN REVIEW NO. PDR14-0022 AND FER14-0003 APPROVING A NEW ONE-
STORY RESIDENCE AND FENCE EXCEPTION LOCATED AT
0 PIERCE ROAD (APN 503-18-002)
WHEREAS, an application was submitted by Nina Tang and Wei Li, in order to build a
new 4,711 sq. ft., 24.3 foot tall, one-story residence and seven foot wood fence along Saratoga-
Sunnyvale Road and a portion of Pierce Road. Design Review approval is required because the
proposed project is new single-story structure over eighteen feet in height. Fence Exception
approval is required because the application includes a wall over six feet in height in an exterior
side setback area. The foregoing work is described as the “Project” in this Resolution.
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 January 14, 2015 & February 11, 2015, 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 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; Land Use Element Goal 10 which minimizes
the impact of development proposals in hillside areas by requiring visual analyses and
imposition of conditions to prevent or reduce significant visual impacts; 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.
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Resolution No. 15-001 Page 2
Section 4: The project is consistent with the Saratoga City Code in that the design and
improvements are consistent with the design review findings in that the project’s site
development follows the 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) and 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; and 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 view sheds; and the overall mass and the
height of the structure, and its architectural elements are in scale with the structure itself and with
the neighborhood; and the landscape design minimizes hardscape in the front setback area and
contains elements that are complementary to the neighborhood streetscape; and the 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, pursuant to Section 15-45.055; and that if the project is a hillside lot, that the
location and the design of the structure avoid unreasonable impacts to ridgelines, significant
hillside features, community view sheds, and is in compliance with Section 15-13.100 of the City
Code (not applicable as this is not a hillside lot).
Section 5: The project is consistent with the Saratoga City Code in that the Planning
Commission may grant an exception to the regulations regarding fences as long as the following
findings can be made, which includes that the subject fence will be compatible with other similar
structures in the neighborhood; the entirety of the subject fence will be constructed of materials
that are of high-quality, exhibit superior craftsmanship, and that are durable; the modification
will not impair the integrity and character of the neighborhood in which the fence is located; that
granting of the exception will not be detrimental or injurious to the property or adjacent
neighbors, or improvements in the general vicinity and district which the property is located; and
the granting of the exception will not create a safety hazard for vehicular, pedestrian or bicycle
traffic and does not obstruct the safe access to and from adjacent properties.
Section 6: The project is consistent with the Saratoga City Code in that nine protected
trees that meet the criteria established in Section 15-50.080(a) are being removed, as determined
by the City Arborist.
Section 7: The City of Saratoga Planning Commission hereby approves PDR14-0022 and
FER14-0003, located at 0 Pierce Road (APN 503-18-002), 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 11th day of
February 2015 by the following vote:
AYES:
NOES:
ABSENT:
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Resolution No. 15-001 Page 3
ABSTAIN:
___________________________________
Pragati Grover
Acting Chair, Planning Commission
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Resolution No. 15-001 Page 4
EXHIBIT 1
CONDITIONS OF APPROVAL
PDR14-0022 / FER14-0003
0 PIERCE ROAD (APN: 503-18-002)
1. All conditions below which are identified as permanent or for which an alternative period of
time for applicability is specified shall run with the land and apply to the landowner’s
successors in interest for such time period. No zoning clearance, or demolition, or grading
permit for this project shall be issued until proof is filed with the city that a certificate of
approval documenting all applicable permanent or other term-specified conditions has been
recorded by the applicant with the Santa Clara County Recorder’s office in form and content
to the satisfaction of the Community Development Director. If a condition is not
“Permanent” or does not have a term specified, it shall remain in effect until the issuance by
the City of Saratoga of a Certificate of Occupancy or its equivalent.
2. The Owner and Applicant will be mailed a statement after the time the Resolution granting
this approval is duly executed, containing a statement of all amounts due to the City in
connection with this application, including all consultant fees (collectively “processing
fees”). THIS APPROVAL OR PERMIT SHALL EXPIRE SIXTY (60) DAYS AFTER
THE DATE SAID NOTICE IS MAILED IF ALL PROCESSING FEES CONTAINED
IN THE NOTICE HAVE NOT BEEN PAID IN FULL. No Zoning Clearance or
Demolition, Grading, or Building Permit may be issued until the City certifies that all
processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is
maintained).
3. The Project shall maintain compliance with all applicable regulations of the State, County,
City and/or other governmental agencies having jurisdiction including, without limitation, the
requirements of the Saratoga Zoning Regulations incorporated herein by this reference.
4. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and
hold the City and its officers, officials, boards, commissions, employees, agents and
volunteers harmless from and against:
a. any and all claims, actions or proceedings to attack, set aside, void or annul any
action on the subject application, or any of the proceedings, acts or determinations
taken, done or made prior to said action; and
b. any and all claims, demands, actions, expenses or liabilities arising from or in any
manner relating to the performance of such construction, installation, alteration or
grading work by the Owner and/or Applicant, their successors, or by any person
acting on their behalf.
In addition, prior to any Zoning Clearance, Owner and Applicant shall execute a separate
agreement containing the details of this required Agreement to Indemnify, Hold harmless and
Defend, which shall be subject to prior approval as to form and content by the City Attorney.
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Resolution No. 15-001 Page 5
COMMUNITY DEVELOPMENT
5. Compliance with Plans. The development shall be located and constructed to include those
features, and only those features, as shown on the Approved Plans dated January 22, 2015
denominated Exhibit "A". All proposed changes to the Approved Plans must be submitted in
writing with plans showing the changes, including a clouded set of plans highlighting the
changes. Such changes shall be subject to approval in accordance with Condition 3, above.
6. Building Division Submittal. Four (4) sets of complete construction plans shall be
submitted to the Building Division. These plans shall be subject to review and approval by
the City prior to issuance of Zoning Clearance. The construction plans shall, at a minimum
include the following:
a. Architectural drawings and other plan sheets consistent with those identified as Exhibit
“A” on file with the Community Development Department and referenced in Condition
No. 5 above;
b. A note shall be included on the site plan stating that no construction equipment or
private vehicles shall be parked or stored within the root zone of any Ordinance-
protected tree on the site;
c. This Resolution printed onto separate construction plan pages; d. A final utility plan that shows location of HVAC mechanical equipment outside of required setback areas; e. A final Drainage and Grading Plan stamped by a registered Civil Engineer combined with the above-required Stormwater Detention Plan; f. A final Landscape and Irrigation Plan; and
g. All additional drawings, plans, maps, reports, and/or materials required by the Building
Division.
7. Lighting. Exterior lighting shall be shielded so as not to shine on adjacent properties or
public right-of-way.
8. Maintenance of Construction Project Sites. Because this Design Review Approval
authorizes a project which requires a Building Permit, compliance with City Code Section
16-75.050 governing maintenance of construction project sites is required.
9. Fences, Walls and Hedges. All fences, walls and hedges not in connection with the
proposed fence exception shall conform to height requirements provided in City Code
Section 15-29.
10. Final Landscaping and Irrigation Plan. The final landscaping and irrigation plan shall
take into account the following:
a. To the extent feasible, landscaping shall be designed and operated to treat storm water
runoff by incorporating elements that collect, detain and infiltrate runoff. In areas that
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Resolution No. 15-001 Page 6
provide detention of water, plants that are tolerant of saturated soil conditions and
prolong exposure to water shall be specified.
b. To the extent feasible, pest resistant landscaping plants shall be used throughout the
landscaped area, especially along any hardscape area.
c. Plant materials selected shall be appropriate to site specific characteristics such as soil
type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall,
air movement, patterns of land use, ecological consistency and plant interactions to
ensure successful establishment.
d. Pest resistant landscaping plants shall be considered for use throughout the
landscaped area, especially along any hardscape area.
e. Any proposed or required under grounding of utilities shall take into account potential
damage to roots of protected trees
11. Fire Department Requirements. Owner/applicant shall comply with all Fire Department
requirements.
12. 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.
13. Front yard landscaping. Front yard landscaping shall be installed prior to final inspection
or a bond satisfactory to the Community Development Department valued at 150% of the
estimated cost of the installation of such landscaping shall be provided to the City.
14. Second Dwelling Unit - Deed Restricted. The owner shall restrict the rental of the second
unit to only households that qualify as lower, very-low, or extremely-low income households
as those terms are defined in the move recent Santa Clara County Housing and Urban
Development Program Income Limits or, in the event that the most recent such report is more
than five years old, in accordance with the definitions set forth in Health and Safety Code
sections 50079.5,50105, and 50106 as those sections exist as of the effective date of this
restriction. "Rental" means any agreement whereby the occupant(s) of the second unit make
any payment in consideration of said occupancy. THIS CONDITION IS PERMANENT.
15. Landscape Maintenance. The applicant shall landscape and permanently maintain an area
parallel to and along the entire exterior side of the wall facing both Saratoga-Sunnyvale Road
and Pierce Road. Prior to issuance of the building permit, a landscape maintenance
agreement shall be executed by the applicant and recorded in the office of the County
Recorder, which agreement shall constitute a covenant running with the land. THIS
CONDITION IS PERMANENT.
CITY ARBORIST
16. Arborist Report. All recommendations of the Arborist Report dated September 30, 2014
and all other future updated reports, and incorporated herein by this reference shall be
followed and incorporated (in its entirety) into the plans.
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Resolution No. 15-001 Page 7
PUBLIC WORKS
17. Encroachment Permit. The applicant (owner) shall obtain an encroachment permit for any
and all improvements in any City right-of-way or City easement prior to commencement of
the work to implement this Design Review.
127
Community Development Department
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
ARBORIST REPORT
Application No. ARB14-0040
Prepared by Kate Bear, City Arborist Site: 0 Pierce Road
Phone: (408) 868-1276 Owner: Nina Tang
Email: kbear@saratoga.ca.us APN: 503-18-002
Email:ninatang@yahoo.com
Report History:
Report 1
Date:
Plans received August 26, 2014
Report completed September 30, 2014
PROJECT SCOPE:
The applicant has submitted plans to the City to build a new single story house with attached garage
on a vacant lot.
Nine trees protected by City Code are requested for removal. All meet the criteria allowing their
removal and replacement as part of the project.
STATUS: Approved by City Arborist to proceed with planning and building review, with
attached conditions.
PROJECT DATA IN BRIEF:
Tree bond – Required - $11,400
For trees 1 – 3, 6, 17, 18 and 21 – 23.
Tree fencing – Required – See Conditions of Approval and attached map.
Tree removals – Trees 4, 5, 14, 19, 20, and 24 – 27 are permitted for removal
with building division permit.
Replacement trees – Required = $12,170.
For trees 4, 5, 14, 19, 20, and 24 – 27.
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. Nine trees protected by City Code (4, 5, 14, 19, 20, and 24 – 27)
are recommended for removal due to their poor health or structure. They meet the City’s criteria
allowing them to be removed and replaced as part of the project, once building division permits have
been obtained. Attachment 2 contains the tree removal criteria for reference.
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0 Pierce Road
Table 1: Summary of Tree Removal Criteria that are met
Tree No. Criteria met Criteria not met
4, 5, 14, 19, 20,
and 24 – 27 1, 2, 4, 6, 7, 9 3, 5, 8
Replacement Trees:
The total appraised value of trees 4, 5, 14, 19, 20, and 24 – 27 is $12,170. 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.
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 Preservation Plan
The arborist report submitted by David Babby and dated May 14, 2014, once included in the final set
of plans, satisfies the requirement for a Tree Preservation Plan under Section 15-50.140 of the City
Code. This report shall also be included in the final set of plans on the Tree Preservation sheet.
ATTACHMENTS:
1 – Plans Reviewed
2 – Tree Removal Criteria
3 – Conditions of Approval
4 – Map of Site showing tree locations and protective fencing
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
IMPORTANT
This entire report, including attachments, shall be copied onto a plan
sheet, titled “Tree Preservation”, and included in the final set of plans.
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0 Pierce Road Attachment 1
PLAN REVIEW:
Architectural Plans reviewed:
Preparer: TDH Design
Date of Plans: July 2014
Sheet A-1 Cover Sheet and Site Plan
Sheet L Landscape Plan
Sheet A-2 Floor Plan
Sheet A-4 Elevations and Sections
Civil Plans reviewed:
Preparer: RW Engineering, Inc.
Date of Plans: July 16, 2014
Sheet C-1 Grading and Drainage Plan
TREE DATA:
Preparer: David Babby, Arbor Resources
Date of Arborist Report: May 14, 2014
An arborist report was submitted for this project which inventoried 24 trees protected by
Saratoga City Code. Although 17 trees are recommended for removal in the report, the
applicant has requested the removal of nine. All nine trees were found to have a low
suitability for retention due to poor health, poor structure, or because they are an
undesirable, short-lived, weedy species. Tree protection recommendations were provided
and monetary values of trees were appraised.
The designated Project Arborist for this project will be David Babby, unless otherwise
approved by the City Arborist.
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0 Pierce Road 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, and whether the tree is a Dead tree or a
Fallen tree.
(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
(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.
(10) The necessity to remove the tree for installation and efficient operation of solar panels, subject to the
requirements that the tree(s) to be removed, shall not be removed until solar panels have been installed
and replacement trees planted in conformance with the City Arborist's recommendation.
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0 Pierce Road Attachment 3
CONDITIONS OF APPROVAL
1. It is the responsibility of the owner, architect and contractor to be familiar with the
information in this report and implement the required conditions.
2. The arborist report submitted by David Babby of Arbor Resources and dated May 14, 2014,
shall be copied onto a plan sheet, titled “Tree Preservation” and included in the final set of
plans.
3. All recommendations in the submitted arborist report shall be conditions of approval for the
project.
4. This arborist report shall also be copied on to a plan sheet and included in the final job copy
set of plans.
5. Tree Protection Security Deposit
a. Is required per City Ordinance 15-50.080.
b. Shall be in the amount of $11,400 for tree(s) 1 – 3, 6, 17, 18 and 21 – 23.
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 cash, check, credit card payment 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.
6. 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.
7. The designated Project Arborist for this project shall be David Babby, of Arbor Resources
unless otherwise approved by the City Arborist.
8. The Project Arborist shall visit the site every two weeks during grading activities and
monthly thereafter.
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0 Pierce Road Attachment 3
9. The Project Arborist shall be on site to monitor all work within:
a. 7 feet of trees 1 and 6
b. 10 feet of trees 21, 22 and 23
c. 14 feet of trees 17 and 18
10. The Project Arborist shall be on site to monitor installation of the:
a. Gas line at tree 1
b. Stucco wall at trees 1, 17, 18, 21 and 23, specifically placement of piers and beams.
11. Following completion of the work around trees, and before a final inspection of the project,
the applicant shall provide a letter to the City from the Project Arborist. That letter shall
document the work performed around trees, include photos of the work in progress, and
provide information on the condition of the trees.
12. 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.
13. 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.
14. 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.
15. 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.
16. Trees 4, 5, 14, 19, 20, and 24 – 27 meet the criteria for removal and may be removed and
replaced once Building Division permits have been obtained.
17. 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.
18. New trees equal to $12,170 shall be planted as part of the project before final inspection and
occupancy of the new home.
19. 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
20. At least two new trees shall be from 24 inch box containers and reach a height at maturity of 35
feet or more.
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0 Pierce Road Attachment 3
21. The rest of the replacement trees may be of any species and planted anywhere on the
property, as long as they do not encroach on retained trees.
22. Only drought tolerant plants that are compatible with oaks are permitted under the outer half
of the canopy of oak trees on site.
23. Water loving plants and lawns are not permitted under oak tree canopies.
24. 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.
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1
Attachment 4
Legend
Tree Canopy
Tree Protection
Fencing
0 Pierce Road
2 3
4 5
6
7 8
9
10
11
13
Tree 12 off the bottom left corner
of the map on adjacent property.
14
15
16
17
18
19
20
21
22
23
24
25
26 27
8
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136
137
138
139
140
141
Please find attached my comments regarding proposed development project PDR14-0022 & FER14-0003 / 0
Pierce Road; APN 503-18-002.
The owner/applicants came by my house in late summer, showed me the initial plans for the house and asked for
my initial comments. At the time, I was not able to review the plans in as much detail as I would have liked but in
general approved of the façade of the house. Since then, the proposed plans appear to have changed, in some
ways substantially.
Building height: The initial proposal presented was for one single-story residence that was within the City’s
height limitations for a single family residence. Given the location of the property and existing residences
surrounding the property, I do not feel that the 25 foot tall exception should be granted. This is a residence
not a commercial building and which sits on a slight rise and is surrounded by single story houses and one
historic house.
Second Dwelling Unit: The initial proposal did not include a second dwelling unit, and I was assured that there
was to be one house not two on the property. I would oppose the construction of a second dwelling unit and
find that a single residence, perhaps with a slightly larger footprint would be more appropriate for the site.
Setback from Pierce Road: The architectural poles recently erected show the residence being much closer to
Pierce Road than the previously proposed plans which showed the structures set further back. I mentioned to
the applicants that access to the property from Pierce Road would be difficult. They said that the plans were
to set the building far enough back to allow for vehicles to turn around within the driveway so that they could
exit facing Pierce rather than backing out. However, the architectural poles seem to have the structure so
close to Pierce as to not allow adequate space for turn-around. For this reason, and because of increased
potential impacts to pedestrians, bicyclists and other drivers, I have strong reservations about the closeness of
the building to Pierce Road.
Sound walls: The property grade at the corner of Pierce and Saratoga-Sunnyvale Road is approximately 4 feet
higher than the road grade. For this reason, I feel that a 7’ sound wall along Saratoga-Sunnyvale Road would
suffice. An 8’ wall coupled with the removal of trees would result in sound bouncing over the proposed
property thus increasing the noise to neighboring properties. As it is, Pierce Road is a very noisy street and
anything adding to the noise is of concern to us.
Sound wall along Pierce Road. I do not agree with the exception to allow an 8’ sound wall along Pierce Road,
however, would not be opposed to a 6’ wall along a portion of the exterior side setback along Pierce from the
intersection with Saratoga-Sunnyvale Road. Installing trees along the perimeter of the property will buffer
the noise and suggest requiring adequate setback and installation of trees or other tall landscaping inside the
walls.
Tree removal: I assume that no trees within the City’s property fronting the site are proposed for removal
and I would be opposed to any removal of the landscaping in the City’s ROW. The owner/applicant mentioned
the removal of only one large Oak tree and I told them of my concerns and that I would not agree with this
tree’s removal suggesting that it may only need to be trimmed and/or cabled. I would like to see this option
explored further. I would also be opposed to the removal of any established oak or redwood trees unless
they are directly within in the building’s footprint. I would like to know the species and location of the other
trees proposed for removal and reserve my comment until I can view the site plans.
I may not be able to attend the public hearing scheduled for January 6th, however, I would like my
comments/concerns entered into the public record for the meeting. Thank you.
Sincerely
Antoinette Romeo
12848 Pierce Road
Saratoga, CA 95070
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RW ENGINEERING, INC.
Civil Engineers · Land Surveyors
505 Altamont Drive, Milpitas, CA 95035
Tel: (408) 262-1899 Fax: (408) 824-5556
Email: rwengineering@gmail.com
January 23, 2015
City of Saratoga – Planning Division
13777 Fruitvale Ave., Saratoga, CA 95070
Re: Story Pole Certification
Project Site: 0 Pierce Road, Saratoga, California
APN: 503-18-002
Dear Sir:
We have surveyed the story poles located at 0 Pierce Road. Based on our survey, I certify that
story poles located on the above-referenced site are in substantial conformance with the design,
height and location shown on the plans submitted for Planning Application.
For additional information, please contact me at (408) 262-1899.
Feel free to contact me if you have any questions.
Sincerely Yours,
Robert Wang, PE, PLS
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