HomeMy WebLinkAbout08-22-2012 Planning Commission PacketTable of Contents
Agenda 2
July 25, 2012
Draft Minutes 4
APPLICATIONS PDR11-0029 & VAR11-0006 / 20601 Lomita
Ave. (517-08-036) Tom Clerkin – The applicant is requesting
design review approval and a variance to remodel an existing
single story residence by adding 484 square feet to the first
story and constructing a 1,232 square foot second story
addition. The existing 864 square foot two story secondary
dwelling unit would also be modified to a single story 408
square foot secondary dwelling unit. The variance request is for
a one car garage and to maintain a non-conforming side
setback. Staff Contact: James Lindsay (408)868-1231.
Staff Report 7
Attachment 1 - PC Reso 17
Attachment 2 - Written Description 24
Atttachment 3 - Arborist Report 30
Attachment 4 - Public Comments 37
Attachment 5 - Greenpoint 52
Attachment 6 - Notices 59
Attachment 7 - Site Photos 62
Exhibit A 65
APPLICATION MOD12-0005 / 19915 Mallory Ct. (393-16-026)
Nalwa / Lazari Designs – The applicant is requesting design
review approval to replace an existing 3,762 sq. ft. one-story fire
damaged residence with a new 4,044 sq. ft. one-story
residence. Staff Contact: Michael Fossati (408) 868-1212.
Staff Report - 19915 Mallory Ct.72
Att. 1 - Resolution - 19915 Mallory Ct.78
Att. 2 - Letter from Bay Area Consulting 83
Att. 3 - Neighbor Notifications on Elevations 84
Att. 4 - Build-it-Green Checklist 89
Att. 5 - Public Notice 100
Att. 6 - Plans, Exhibit 'A'103
1
AGENDA
REGULAR MEETING
SARATOGA PLANNING COMMISSION
Wednesday, August 22, 2012
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 July 25, 2012
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.
Oral Communications – Planning Commission Direction to Staff
REPORT OF APPEAL RIGHTS
If you wish to appeal any decision on this Agenda, you may file an “Appeal Application” with the City Clerk
within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15-90.050 (b).
PUBLIC HEARING
All interested persons may appear and be heard at the above time and place. Applicants and their representatives
have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for
up to three minutes. Applicants and their representatives have a total of five minutes maximum for closing
statements.
1. APPLICATIONS PDR11-0029 & VAR11-0006 / 20601 Lomita Ave. (517-08-036) Tom Clerkin – The
applicant is requesting design review approval and a variance to remodel an existing single story residence
by adding 484 square feet to the first story and constructing a 1,232 square foot second story addition. The
existing 864 square foot two story secondary dwelling unit would also be modified to a single story 408
square foot secondary dwelling unit. The variance request is for a one car garage and to maintain a non-
conforming side setback. Staff Contact: James Lindsay (408)868-1231.
Recommended action:
Adopt Resolution 12-037 approving the project subject to conditions of approval.
2
2. APPLICATION MOD12-0005 / 19915 Mallory Ct. (393-16-026) Nalwa / Lazari Designs – The applicant
is requesting design review approval to replace an existing 3,762 sq. ft. one-story fire damaged residence
with a new 4,044 sq. ft. one-story residence. Staff Contact: Michael Fossati (408) 868-1212.
Recommended action:
Adopt Resolution No. 12-038 approving the project subject to conditions of approval.
NEW BUSINESS
DIRECTOR/COMMISSION COMMUNICATION
ADJOURNMENT TO THE NEXT MEETING
- Wednesday, September 12, 2012 at 7:00 p.m. in the Council Chambers/Civic Theater
13777 Fruitvale Avenue, Saratoga, CA
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the Planning
Commission by City Staff in connection with this agenda are available at the office of the Community
Development at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the
Planning Commission concurrently with the posting of the agenda are also available on the City website at
www.saratoga.ca.us. Any materials distributed by staff after the posting of agenda are available for public review
at the Community Development Department at the time they are distributed to the Planning Commission.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this
meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. Notification 48 hours prior to
the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR
35.102-35.104 ADA Title II).
CERTIFICATE OF POSTING OF AGENDA
I, Abby Ayende, Office Specialist III for the City of Saratoga, declare that the foregoing agenda for the meeting of
the Planning Commission was posted and available for public review on August 16, 2012 at the City of Saratoga,
13777 Fruitvale Ave., Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us.
You can also sign up to receive email notifications when Commission agendas and minutes have been added
to the City at website http://www.saratoga.ca.us/contact/email_subscriptions.asp.
NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at
www.saratoga.ca.us
3
ACTION MINUTES
REGULAR MEETING
SARATOGA PLANNING COMMISSION
Wednesday, July 25, 2012
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 July 11, 2012 (Approved, 6:0:1(Almalech-abstain)
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.
Oral Communications – Planning Commission Direction to Staff
REPORT OF APPEAL RIGHTS
If you wish to appeal any decision on this Agenda, you may file an “Appeal Application” with the City Clerk
within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15-90.050 (b).
PUBLIC HEARING
All interested persons may appear and be heard at the above time and place. Applicants and their representatives
have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for
up to three minutes. Applicants and their representatives have a total of five minutes maximum for closing
statements.
1. Ordinance Amendment ZOA12-0008 - City initiated amendments to Articles 7-30 (Noise Control) and 15-
19 (Commercial Regulations) of the City Code establishing new regulations for outdoor music. Staff
Contact: James Lindsay (408) 868-1231.
Action:
Adopted Resolution 12-032 recommending the City Council adopt an ordinance modifying Articles 7-30
(Noise Control) and 15-19 (Commercial Regulations) establishing new regulations for outdoor music with
the following amendments: (6:1(Zhao))
7-30.020 Definitions
(n) Property plane means a vertical plane located at and perpendicular to the property line which
determines the property boundaries in space of the parcel over or from which the sound in questions is
audibly transmitted.
7-30.090 Exception permits
(b) Outdoor Music Permits - CH Zoning District. This Section 7-30.090(b) shall expire November 1,
2013, and thereafter outdoor music shall not be allowed in the CH Zoning District, unless a later enacted
4
ordinance that becomes effective on or before November 1, 2013 deletes or extends that expiration date.
An Outdoor Music Permit may be issued on an annual basis to a commercial establishment located within
the CH Zoning District subject to the requirements contained in this Section for the purposes of allowing
the playing of acoustic and/or amplified music outside a building. Background music, as defined, which
(at any location more than five feet from the source of the sound) allows for normal conversation levels
and conforms to the ambient standards in Section 7-30.040(a) does not require an Outdoor Music Permit.
(1) The distribution of outdoor music events occurring at the same date and time shall be limited by
blocks as described below as follows:
a. Two events in Block One situated between 3rd Street & Saratoga Los Gatos Road separated
by at least 200 feet.
b. One event in Block Two situated between 3rd and 4th Street
c. One event in Block Three situated between 4th and 5th Street
d. One event in Block Four situated west of 5th Street
(2) Outdoor acoustic and/or amplified music is permitted months, days, times and maximum decibel
levels:
a. May 1 through October 31
b. Fridays, 5:00 PM to 9:00 PM, 73 dbA
c. Saturdays, 4:00 PM to9:00 PM, 73 dbA
d. Sundays, 11:00 AM to 4:00 PM, 73 dbA
2. APPLICATION FER12-0002; 20067 Mendelssohn Lane (517-21-012); Paul Wang. The applicant is
requesting a fence exception to install a five foot tall entrance gate approximately 13 feet from the edge of
street pavement. Staff Contact: Cynthia McCormick (408) 868-1230.
Action:
Adopted Resolution No. 12-035 denying the project. (7:0)
3. APPLICATION EXT10-0007 / 20640 Third Street (503-24-073) The Sam Cloud Barn, L.P. – The
applicant requests an extension of the a previous design review and variance approval (07-233) for a new
3,798 sq. ft. commercial building with a 1,142 sq. ft. basement. Staff Contact: Michael Fossati (408) 868-
1212.
Action:
Adopted Resolution No. 12-034 approving the one time twelve month time extension. (7:0)
4. APPLICATIONS PDR12-0011, SUB12-0004, CUP12-0004 / 14639 Big Basin Way (503-25-013)
Zambetti / Metro Architects – The applicant is requesting Design Review and Conditional Use Permit
approval to construct a two-story commercial building (1097 sq. ft. on the first floor and 1,754 sq. ft. on the
second floor), four-car garage, and two residential townhouses. Each townhouse will be approximately
1,400 sq. ft. in size, not including an approximate 700 sq. ft. basement. The applicant is also requesting
tentative map approval to subdivide the lot into three parcels. Staff Contact: Michael Fossati (408) 868-
1212.
Action:
Adopted Resolution No. 12-033 approving the project subject to conditions of approval with an additional
permanent condition requiring enclosed parking spaces be dedicated to property owners of Parcel 2
and 3 and architectural theme and color of commercial and residential development remain
harmonious. (7:0)
5. Ordinance Amendment ZOA12-0009 - City initiated amendments to Article 15-16(P-C District) of the City
Code to create more flexible land use and design standards for projects that further the goals and policies of
the General Plan.
Action:
Adopt Resolution 12-036 recommending approval of the modifications to Article 15-16 to the City Council
with the following modifications (7:0)
15-16.010 – Purposes of Article
5
b) To provide greater flexibility of land use and design for a development that provides a public benefit
that would not otherwise be attainable through strict application of the zoning regulations. A public
benefit could include, but is not limited to, buildings that exceed the City’s green building standards,
and/or provides community facilities that are open to the public, or allows for innovative infill design.
……..The planned community district is intended to accomplish this purpose and may include a combination of
single or multiple dwelling uses together with ancillary uses of recreational centers, social halls, restaurants,
medical centers and other related facilities…….
15-16.030 - Permitted and conditional uses.
No use shall be established or changed upon the property as to with which the P-C district is combined
unless approved on the basis of the general site development plan provided pursuant to Section 15-16.060(a)……
15-16.040 - Standards.
(a) Standards for residential density shall in the aggregate be consistent with the General Plan.
15-16.060(b)
(1) That the proposed location of the planned combined district is in accord with the objectives of the
General Plan and the purposes of the zoning district in which the site is located.
(2) That standards for the development will result in an aesthetic asset to the community and produce an
environment of stable and desirable character consistent with the overall objectives of the Zoning
Ordinance and the General Plan and Zoning Ordinance.
NEW BUSINESS
DIRECTOR/COMMISSION COMMUNICATION
ADJOURNMENT TO THE NEXT MEETING – ADJOURNED 10:39 PM
- Wednesday, August 22, 2012 at 7:00 p.m. in the Council Chambers/Civic Theater
13777 Fruitvale Avenue, Saratoga, CA
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the Planning
Commission by City Staff in connection with this agenda are available at the office of the Community Development at 13777
Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the Planning Commission concurrently
with the posting of the agenda are also available on the City website at www.saratoga.ca.us. Any materials distributed by staff
after the posting of agenda are available for public review at the Community Development Department at the time they are
distributed to the Planning Commission.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting,
please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. Notification 48 hours prior to the meeting will
enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II).
CERTIFICATE OF POSTING OF AGENDA
I, Abby Ayende, Office Specialist III for the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning
Commission was posted and available for public review on July 19, 2012 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
6
REPORT TO THE PLANNING COMMISSION
Application No./Location: PDR11-0029, VAR11-0006 - 20601 Lomita Avenue
Type of Application: Design Review and Variance application for a proposed
second story addition to an existing one story home
Applicant/Owner: Tom and Pam Clerkin
Staff Planner: Christopher Riordan, AICP, Senior Planner
Meeting Date: August 22, 2012
APN: 517-08-036
20601 LOMITA AVENUE
7
SUMMARY
ZONING GENERAL PLAN DESIGNATION
R-1-10,000 M-15 (Medium Density Residential)
PARCEL SIZE AVERAGE SITE SLOPE
8,574.7 sq. ft. (gross) 8.9 percent
8,024.7 sq. ft. (net)
GRADING
No grading is proposed
PROJECT DESCRIPTION:
The applicant requests approval to add 1,716 square feet of additional floor area to a
1,216 square foot single story home at 20601 Lomita Avenue. The remodeled home
would be two-stories with a total floor area of 2,932 square feet and contain a new one-
car garage. An existing 864 square foot two-story detached secondary dwelling with a
two car garage located at the rear of the site would also be remodeled to become a one-
story 408 square foot deed restricted secondary dwelling. The garage would be removed
from this building.
The project includes a variance request for two exceptions:
1) To provide one enclosed parking space instead of two parking spaces.
2) To maintain the existing non-conforming 5’-3” left side setback instead making
the house conform to the 6-foot minimum side setback.
Design Review approval is required pursuant to Saratoga Municipal Code Section 15-
45.060. Planning Commission review of the variance request is required pursuant to
Saratoga Municipal Code Section 15-70.050.
STAFF RECOMMENDATION:
Staff recommends the Planning Commission adopt Resolution No. 12-037 approving
Design Review PDR11-0029 and Variance VAR11-0006 subject to conditions of approval.
Page 2 of 10
8
Application No. PDR11-0029/VAR11-0006
PROJECT DATA:
R-1-10,000
Net Site Area: 8,024.7 sq. ft.
Existing/Proposed Allowable/Required
Proposed Site Coverage
Building
Driveway
Walkways/Decks/Storage
Secondary Dwelling Unit
Total Proposed Site Coverage
1,690.8 SF
680.8 SF
1,823.6 SF
408.5 SF
4,603 SF (57.3%)
4,814.82 SF
(60%)
Floor Area
Residence
First Floor/Garage
Second Floor:
Secondary Dwelling Unit
Total Proposed Floor Area
1,701.2 SF
1,232.1 SF
408.1 SF
3,341.4 SF
3,344 SF
(includes 10 percent increase for
deed restricted secondary
dwelling unit)
Height (Residence)
Lowest Elevation Point:
Highest Elevation Point:
Average Elevation Point:
Proposed Topmost Point:
Height (Secondary Dwelling Unit)
Lowest Elevation Point:
Highest Elevation Point:
Average Elevation Point:
Proposed Topmost Point:
92.63 FT
97.67 FT
95.15 FT
120.43 (25.28 FT)
88.89 FT
89.68 FT
89.29 FT
102.29 (13 FT)
Maximum Height
= 121.15 (26 Feet)
Maximum Height
= 115.29 (26 Feet)
Setbacks (Residence)
Front:
Rear:
Left Side:
Right Side:
Setbacks (Secondary Dwelling Unit)
Front:
Rear:
Left Side:
Right Side:
1st Story
25’-0”
70’-8”
5’-3”
6’-1”
1st Story
124’-0”
25’
11’
8’-3”
2nd Story
33’-0”
70’-0”
11’-0”
11’-0”
2nd Story
N/A
N/A
N/A
N/A
1st Story
25’
25’
6’
6’
1st Story
25’
25’
6’
6’
2nd Story
25’
35’
11’
11’
2nd Story
25’
35’
11’
11’
PROJECT DISCUSSION AND SITE CHARACTERISTICS
Existing Site Characteristics and Background
Located near the intersection of Aloha Avenue and Lomita Avenue, the approximately
8,024 square foot site is improved with a one story cottage style single-family home and a
detached two-story secondary dwelling unit located toward the rear of the property. The
main dwelling was constructed in 1941 and is not on the City’s Historic Resource Inventory.
The secondary dwelling unit has a two-car garage on the first story and living space on the
Page 3 of 10
9
Application No. PDR11-0029/VAR11-0006
second story and is connected to the main residence by an elevated wooden deck. A 103
foot long driveway on the south side of the existing residence provides access to the garage.
One and two story single family homes border the property.
The site has a width of 50 feet. The minimum site width in the R-1-10,000 zoning district is
85 feet thus the project site would be considered to have a substandard or nonconforming
width. The minimum side setback for lots in the R-1-10,000 zoning district is 10 feet.
However, City Code Section 15-65.040(b)(1) states that for sites with a nonconforming
width, the side setback shall be 10 percent of the site width or six feet, whichever is greater,
therefore the project has a required six foot side setback.
The main dwelling has an existing left side setback of 5’-3” and is considered to be a
nonconforming structure because this setback is less than the six foot minimum. The
secondary dwelling unit is also considered to be a nonconforming structure because its
second story has a rear setback of 25 feet when the minimum setback is 35 feet.
Background
February 27, 1974
In the 1970’s the City of Saratoga required a Use Permit for the conversion of a one story
home to a two story home. The homeowner at the time applied for a Use Permit (UP-234)
to add a second story and the Planning Commission denied the Use Permit because the site
had a substandard lot size and dimensions and the building had nonconforming setbacks.
April 13, 1988
The Planning Commission denied a Design Review application (DR-87-114) on April 13,
1988 for a second story addition to the rear of the structure. The addition was to be
constructed over an existing enclosed storage area located on the north (left side) of the
property. The storage area was determined to be floor area therefore the addition was
considered to be a second story. The proposed addition would have been 94 feet long, and
would have been a continuation of the existing 5’-3” nonconforming left side setback. The
Planning Commission’s findings for denial included excessive mass and loss of privacy to
the adjacent neighbor to the north. The property owner appealed the Planning Commission’s
decision to the City Council. The City Council affirmed the decision of the Planning
Commission.
Proposed Project and Architectural Style
The first floor of the main dwelling would increase by 485 square feet which would include
the 293 square foot one-car garage. The remaining 1,231 square feet of additional floor area
would be added to the new second story. The remodeled main dwelling would have a
Craftsman architectural style. Exterior materials would include “red cedar” shingle siding
and stone located along the base of the building. Other Craftsman architectural features
would include exposed triangular knee braces at the second floor roof-wall junction, a
second story balcony, porch supports with battered sides, and extra stickwork above the
porch. The windows would be made of vinyl clad wood and all doors, including the garage
door, would be made of wood. The hipped roof would be covered in asphalt shingles.
Page 4 of 10
10
Application No. PDR11-0029/VAR11-0006
The approximately 22 feet tall secondary dwelling unit would be converted from a two story
structure into a 13 foot tall one story structure and would be reduced in square footage from
864 square feet to 408 square feet. The two garage spaces would be eliminated and be
replaced by a new one-car garage in the main dwelling and a separate dedicated uncovered
parking space in the front yard. With the removal of the second story the remodeled
building would conform to all setbacks and would no longer be considered a nonconforming
structure. The existing raised deck that connects the secondary dwelling unit to the main
residence would be removed. The architectural style of the secondary dwelling unit would
be compatible with the main residence.
The existing concrete driveway along the side of the existing house and the concrete parking
and patio area between the two structures will be removed. The project will include three
off street parking spaces. One space will be located in the enclosed garage, the second will
be in front of the garage, and the third would be on a small portion of the driveway that
would remain in the front yard.
Materials and Colors
Detail Colors and Materials
Exterior Red Cedar Shingles and stone
Windows Vinyl Clad Wood. White in color
Doors Wood. Painted white
Roof Asphalt shingles.
Variances
The project includes a request for two variances. The first is a variance request to
provide a one-car garage in lieu of the required two-car garage. The second is a variance
request from the provisions that, due to the extent and cost of the construction, would
require the project to provide a six foot left side setback instead of the existing
nonconforming setback of 5’-3”. The details of these variances are discussed in the
following paragraphs.
Garage Variance
The applicant is requesting a variance for a one-car garage in lieu of a two-car garage due to
the size and dimensions of the lot. As mentioned previously, the minimum R-1-10,000 site
width is 85 feet and the project site has a width of 50 feet. City Code Section 15-35.030(a)
requires two covered spaces within a garage for single family dwellings. The existing house
does not have an attached garage. The two car garage located on the first floor of the
existing secondary dwelling unit would be removed when the building is remodeled to
remove the second story. A new one-car garage would be included in the main dwelling
with a separate uncovered parking space in the front yard. The applicant has stated that the
existing garage is not used for parking due to the narrow driveway width of eight feet
between the side of the house and the fence.
Page 5 of 10
11
Application No. PDR11-0029/VAR11-0006
If a two car garage was included in the main dwelling it would take up over 50% of the new
façade of the home. Under the proposed variance, the 10 foot wide one car garage would
represent approximately 26% of the façade, leaving approximately 28 feet in width for the
remainder of the home.
Staff has performed a visual survey of the 16 lots that front on Lomita Avenue between Oak
Street and Aloha Avenue. These lots have a combination of both one and two story homes
with either front facing attached garages or detached garages located behind the residence.
Eight (or 50 percent) of the lots have substandard site widths. Two (or 12 percent) of the
lots have a 50 foot wide width including the subject site and a lot located at 20665 Lomita
Avenue. The property at 20665 Lomita Avenue has a front facing single car garage.
The granting of a variance for a one-car garage for the subject property would not be
inconsistent with the neighborhood in that the subject property and the property at 20665
Lomita Avenue both have a 50 foot lot width, are the narrowest lots on this section of
Lomita Avenue, and both lots would have a one-car garage.
The Planning Commission recently approved a one-car garage for project located at 14362
Springer Avenue with a lot width of 48 feet.
Staff does not anticipate that a one-car garage in lieu of a two-car garage would have a
significant effect on traffic volume, traffic circulation, or interference with the free flow of
traffic on Lomita Avenue. The resolution of approval includes language for making the
findings for the garage variance.
Nonconforming Setback
The applicant is requesting a variance from City Code Section 15-65.065 which requires a
structure to be brought into conformance with all development standards if the cost of a
proposed project exceeds 50 percent of the estimated cost of the existing house. The
applicant is requesting to maintain the existing left side building setback of 5’-3”.
The minimum site width in the R-1-10,000 zoning district is 85 feet. The project site would
be considered to have a substandard or nonconforming site width at 50 feet. The minimum
side setback for lots in the R-1-10,000 zoning district is 10 feet. Since the width is
nonconforming, the side setback shall be 10 percent of the site width or six feet, whichever
is greater, therefore the project has a required six foot side setback.
The main dwelling has an existing left side building setback of 5’-3” and is considered to be
a nonconforming structure because the left side setback is less than the six foot minimum.
Article 15-65 (Nonconforming Uses and Structures) includes thresholds for repairs and
major alterations that are permitted for nonconforming structures. A nonconforming
structure is to be brought into conformance with all development standards if the estimated
cost of a reconstruction project exceeds 50 percent of the cost to reconstruct the entire
existing structure. The Building Department estimated the cost to reconstruct the existing
structure to be $359,340. Therefore, any new construction exceeding $179,670 (50% of the
existing value) would require the entire structure to conform to all development standards.
Page 6 of 10
12
Application No. PDR11-0029/VAR11-0006
The proposed project has an estimated cost of $380,120 which exceeds the threshold for
retaining the non-conforming status. The applicant is proposing to keep both existing walls
along the side elevations. All newly constructed walls will conform to the required
setbacks.
The existing house has a gable roof with the gables facing the side neighbors. The gable
facing the left side neighbor is approximately 16 feet tall. The proposed project will include
the construction of a second story addition that will reduce the height of the existing first
floor wall by approximately two feet as well as reducing the area of the wall from 376
square feet to 309 square feet, a reduction of 17.8%. The second story addition will be
setback six feet along the left side elevation.
Trees
The City Arborist inventoried nine trees protected by City ordinance potentially impacted
by construction. No protected trees are proposed for removal. A $47,560 security deposit
would be required for tree protection. The project has Arborist Clearance to proceed. A
copy of the City Arborist Report is included as Attachment 3
Energy Efficiency
The applicant submitted a GreenPoint Rated Checklist. The “green features” proposed for
the project would earn a score of 193 points and would exceed the minimum in each
category to be considered GreenPoint Rated.
Neighbor Correspondence
The applicant invited adjacent neighbor to his house to review proposed plans on May 22,
2011. He also emailed copies of the proposed plans to neighbors and met with them in
person. All correspondence received by the City and the signed Neighbor Notification
Forms submitted by the applicant are included as Attachment 4. A “Notice of Public
Hearing” to all property owners within 500 feet of the subject property. The public hearing
notice and description of the project was published in the Saratoga News.
Design Review Findings
The proposed project is consistent with all the following Design Review findings stated in
Saratoga Municipal Code Section 15-45.080:
(a) The project avoids unreasonable interference with views and privacy. The project has
been designed in a manner to minimize interference with neighboring views and privacy
by locating the proposed house in approximately the same location as the existing house,
using natural materials to help blend the project with the environment, proposing
clerestory windows for all bathroom and bedrooms of the main dwelling that face the
side neighbors, not proposing side or rear facing balconies that could affect neighbors
privacy, reducing the height of the existing secondary dwelling unit from two stories to a
13’ tall one story structure, and maintaining existing landscaping to help screen and
minimize views from both on and off site. This finding can be made in the affirmative.
(b) The project preserves the natural landscape. The majority of the existing site
landscaping is located in the front yard and this will be preserved with the exception of
Page 7 of 10
13
Application No. PDR11-0029/VAR11-0006
the landscaping that is removed to construct the proposed driveway. No protected trees
are proposed for removal. This finding can be made in the affirmative.
(c) The project preserves native and heritage trees. No heritage trees exist on site. All
native trees will be preserved. The project is required to install and maintain tree
protection measures, to comply with the applicable report(s) of the City Arborist and to
bond for assurance thereof. This finding can be made in the affirmative.
(d) The project minimizes the perception of excessive bulk. The perception of excessive
bulk is minimized by the use of varying architectural forms, both one and two story
structural elements, varying exterior materials and textures, and varying rooflines that
break up the massing and reduce the perception of height and mass. The applicant’s
choice of a neutral color palette and natural material for the exterior of the building will
help to integrate the project with the natural environment of the site and its surroundings.
This finding can be made in the affirmative.
(e) The project is of compatible bulk and height. Nearby properties on Lomita and Aloha
Avenues are both one and two story structures. The accessory structure would be
reduced from a two to one story structure thereby reducing effect of bulk and height as
viewed from adjacent properties to the rear. The proposal does not unreasonably impair
access to light and air or the solar potential of adjacent properties. This finding can be
made in the affirmative.
(f) The project uses current grading and erosion control methods. The proposed grading
plan incorporates current grading and erosion control standards used by the City. The
rear of the site is lower than the street so site drainage will flow to the rear of the site.
Drainage from impervious areas would be collected and directed to a storm water
retention basin that would be constructed at the rear of the site behind the secondary
dwelling unit. Existing drainage will be reduced because the project would be reducing
the amount of existing impervious areas. In addition, the Project is conditioned to
conform to the City’s current grading and erosion control standards and comply with
applicable NPDES Standards. The Project is also conditioned to require detention of
stormwater on site where feasible. This finding can be made in the affirmative.
(g) The project follows appropriate design policies and techniques. The proposed main
and accessory structure will conform to the applicable design policies and techniques set
forth in the Residential Design Handbook as required by Section 15-45.055 which
includes minimizing the perception of bulk, integrating the residential buildings with the
environment, and designing for energy efficiency. This finding can be made in the
affirmative.
Variance Findings:
Pursuant to City Code Section 15-70.060, the Planning Commission is empowered to grant
variances in order to prevent or to lessen such practical difficulties and unnecessary physical
hardships that would result from a strict or literal interpretation and enforcement of certain
zoning regulations. A practical difficulty or unnecessary physical hardship may result from
the size, shape or dimensions of a site or the location of existing structures thereon. The
Page 8 of 10
14
Application No. PDR11-0029/VAR11-0006
Applicant has met the burden of proof required to support the application for a variance as
set forth below.
(a) That because of special circumstances applicable to the property, including size,
shape, topography, location or surroundings, strict enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the owners of other
properties in the vicinity and classified in the same zoning district. The property is
located in a neighborhood that pre-dates the City’s incorporation and subsequent
zoning ordinance. Many of the lots in the vicinity are below the minimum standard
for the zoning district in terms of lot width as described in subsection (b), below
however the subject lot is one of two lots on Lomita Avenue with width of 50 feet.
Accordingly, many of the homes fronting Lomita Avenue have lot widths that are
nonconforming. Given these special circumstances, strict enforcement of the two-car
garage requirement and side setback requirement would deprive the applicant of
privileges enjoyed by the owners of other properties in the vicinity and the R-1-
10,000 zoning district. This finding can be made in the affirmative.
(b) That the granting of 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. The standard width for a lot in the R-1-10,000 zoning
district is a minimum of 85 feet wide and a minimum 10,000 square feet in area. The
subject lot is approximately 50 feet wide and 8,024 square feet in net area. The
subject lot is narrower than many of the lots in the immediate vicinity and only one
other lot on Lomita Avenue has a site width of 50 feet. The subject lot is also smaller
in size than standard lots in the R-1-10,000 zoning district. Thus, the granting of a
variance for a one-car garage in lieu of a two-car garage and a reduced left side
setback would not constitute a grant of special privilege inconsistent with the
limitations on other properties in the vicinity and classified in the R-1-10,000 zoning
district. This finding can be made in the affirmative.
(c) That the granting of the variance will not be detrimental to the public health, safety or
welfare, or materially injurious to properties or improvements in the vicinity. The
proposed home meets the required setbacks for the first floor and second floor with the
exception of the first left side setback which is already existing and the property owner
is proposing to retain its position and reduce its size and square footage. Furthermore,
the existing neighboring home to the north is situated such that a reduced side yard
setback would not have detrimental impacts to the public health, safety or welfare, or
materially injurious to properties or improvements in the vicinity. As for the variance for
a one-car garage in lieu of a two-car garage, the project will be providing three onsite
parking spaces which will include one in a garage. Thus the provision of a one-car
garage and two onsite parking spaces would not result in the parking of vehicles on
Lomita Avenue or adjacent streets as to interfere with the free flow of traffic on the
streets. No known public health or safety concerns should be attributed to a one car
garage or a reduced side setback and no future impacts are anticipated. This finding can
be made in the affirmative.
Page 9 of 10
15
Application No. PDR11-0029/VAR11-0006
Page 10 of 10
(d) That strict enforcement of the specified regulation is not required by either present or
anticipated future traffic volume or traffic circulation on the site. The project requires
the provision of three parking spaces – two enclosed spaces for the main dwelling and
one additional parking space for the garage. Three parking spaces are provided – one in
an enclosed garage. The site is zoned R-1-10,000 and no additional dwelling units can
be constructed on the site that could affect either present or anticipated future traffic
volume or traffic circulation on the site. This finding can be made in the affirmative.
(e) That the granting of the variance will not result in the parking or loading of vehicles
on public streets in such a manner as to interfere with the free flow of traffic on the
streets. The City Code requires three onsite parking spaces - two enclosed spaces for the
main house and one for the secondary dwelling unit that is not required to be enclosed.
The project will provide three parking spaces of which one will be located inside an
enclosed garage. Thus the provision of a one-car garage and two onsite parking spaces
would not result in the parking of vehicles on Lomita Avenue or adjacent streets as to
interfere with the free flow of traffic on the streets. This finding can be made in the
affirmative.
ENVIRONMENTAL DETERMINATION: The proposal is Categorically Exempt from the
California Environmental Quality Act (CEQA) pursuant Section 15332, “In-Fill
Development Projects”, of the Public Resources Code (CEQA) and Section 15303(a) “New
Construction or Conversion of Small Structures” whereas one single-family residence can
be constructed in a residential zone.
ATTACHMENTS:
1. Resolution
2. Applicants written project description
3. Arborist Report
4. Neighbor Notification Forms & Public Comments
5. Greenpoint Rated Checklist
6. Public hearing notice and copy of mailing labels for project notification.
7. Site Photos (submitted by applicant)
8. Reduced Plans (Exhibit A)
16
RESOLUTION NO: 12-037
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
APPROVING DESIGN REVIEW PDR11-0029 AND VARIANCE 11-0006
LOCATED AT 20601 LOMITA AVENUE
WHEREAS, on December 15, 2011, an application was submitted by Tom and Pam
Clerkin requesting Design Review and Variance approval to add a second story to an existing one
story single family home and related site improvements located at 20601 Lomita Avenue. The
project has a total floor area of approximately 3,341 square feet. The height of the proposed
residence is approximately 26 feet. The site is located within the R-1-10,000 Zoning District (APN
517-08-036).
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 August 22, 2012, the Planning Commission held a duly noticed public
hearing on the subject application, and considered evidence presented by City Staff, the applicant,
and other interested parties.
NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds,
determines and resolves as follows:
Section 1: The recitals set forth above are true and correct and incorporated herein by
reference.
Section 2: The project is Categorically Exempt from the Environmental Quality Act
(CEQA) pursuant Section 15303, “New Construction or Conversion of Small Structures”, Class 3
(a) of the Public Resources Code (CEQA). This exemption allows for the construction of one
single-family residence in a residential area.
Section 3: The project is consistent with the following Saratoga General Plan Policies:
Land Use Goal 13 which provides that the City shall use the Design Review process to assure that
the new construction and major additions thereto are compatible with the site and the adjacent
surroundings; Safety Element Site and Drainage Policy 3 which provides that the City shall require
that landscaping and site drainage plans be submitted and approved during Design Review for a
residence prior to issuance of permits; and Conservation Element Policy 6.0 which provides that the
City shall protect the existing rural atmosphere of Saratoga by carefully considering the visual
impact of new development.
Section 4: The project is consistent with the Saratoga City Code in that the design and
improvements are consistent with the design review findings in that the project avoids unreasonable
interference with views and privacy; preserves the natural landscape including native and heritage
trees; minimizes the perception of excessive bulk and is of compatible bulk and height with adjacent
structures; uses current grading and erosion methods; and follows appropriate design polices and
techniques.
17
Resolution No. 12-037
Section 5: The project is consistent with the Saratoga City Code in that the variance
findings can be made in that because of special circumstances applicable to the property, including
size, shape, topography, location or surroundings, strict enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity
and classified in the same zoning district; the granting of 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; the granting of 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 PDR11-0029 and
VAR11-0006, located at 20601 Lomita 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 22nd day of
August 2012 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Tina K. Walia
Chair, Planning Commission
18
Resolution No. 12-037
Exhibit 1
CONDITIONS OF APPROVAL
PDR11-0029 & VAR11-0006
20601 LOMITA AVENUE
(APN 517-08-036)
A. GENERAL
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.
2. If a condition is not “Permanent” or does not have a term specified, it shall remain in effect until
the issuance by the City of Saratoga of a Certificate of Occupancy or its equivalent.
3. Conditions may be modified only by the Planning Commission unless modification is expressly
otherwise allowed by the City Code including but not limited to Sections 15-80.120 and/or 16-
05.035, as applicable.
4. The City shall mail to the Owner and Applicant a notice in writing, on or 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 Community
Development Director certifies that all processing fees have been paid in full (and, for deposit
accounts, a surplus balance of $500 is maintained).
5. A Building Permit must be issued and construction commenced within 36 months from the date
of adoption of this Resolution or the Design Review Approval will expire unless extended in
accordance with the City Code.
6. 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.
7. Prior to issuance of any Demolition, Grading, or Building Permit to implement this Design
Review Approval the Owner or Applicant shall obtain a “Zoning Clearance” from the
Community Development Director by submitting final plans for the requested permit to the
Community Development Department for review to ascertain compliance with the requirements
of this Resolution.
19
Resolution No. 12-037
8. 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 from the Community Development Director, 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.
B. COMMUNITY DEVELOPMENT
9. 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 July 23, 2012
denominated Exhibit "A". All proposed changes to the Approved Plans must be submitted in
writing with plans showing the changes, including a clouded set of plans highlighting the
changes. Such changes shall be subject to approval in accordance with Condition A.3, above.
10. Fireplaces. A maximum of one wood-burning fireplace is permitted per habitable structure
(e.g., main house or guest house). All other fireplaces shall be gas burning.
11. Fences. Fences and walls shall comply with City Code Chapter 15-29.
12. Front yard landscaping. Front yard landscaping shall be installed prior to final inspection or a
bond satisfactory to the Community Development Department 150% of the estimated cost of the
installation of such landscaping shall be provided to the City.
13. Landscaping. Landscape installation and replacement for screening or ornamentation. A
landscaped area required as a condition of any Design Review Approval shall be planted with
materials suitable for screening or ornamenting the site, whichever is appropriate, and plant
materials shall be replaced as needed to screen or ornament the site.
14. Landscape maintenance. Landscaped areas shall be watered, weeded, pruned, fertilized,
sprayed or otherwise maintained by the Owner as may be prescribed by the Community
Development Department;
15. Plumbing. All plumbing fixtures or irrigation systems shall be water conserving and otherwise
comply with City Code Section 16-75.030.
16. Construction truck routes. Construction trucks shall only use designated truck routes.
20
Resolution No. 12-037
17 Noise limitations during construction. The noise level at any point twenty-five feet from the
source of noise shall not exceed 83 dBA during residential construction, and residential
construction, alteration or repair activities which are authorized by a valid City permit, or do not
require the issuance of a City permit, may be conducted only between the hours of 7:30 A.M.
and 6:00 P.M. Monday through Friday and between the hours of 9:00 A.M. and 5:00 P.M. on
Saturday. Residential construction shall be prohibited on Sunday and weekday holidays, with
the exception of that construction, alteration or repair activities which are authorized by a valid
City permit and which do not exceed fifty percent of the existing main or accessory structure
may be conducted between the hours of 9:00 A.M. and 5:00 P.M. on Sunday and weekday
holidays. A notice of applicable construction hour restrictions shall be posted conspicuously on
site at all times for all exterior residential construction activity requiring a City permit.
18. Tree Preservation Plan. The Owner and Applicant shall sign and date the arborist report,
include it in the final plan set (signifying that that they are submitting it as their Tree
Preservation Plan for the project), and comply with all requirements of the Tree Preservation
Plan in accordance with City Code § 15-50.140.
19. Protection of Trees from Grading and Trenching. Grading and trenching (including for
undergrounding electrical lines) shall be shown on the plans submitted to the Building Division
and demonstrate adequate protection of trees to the satisfaction of the City Arborist, or, in the
alternative, the City Arborist shall be present and have authority during the grading and
trenching to require hand digging for any tree roots judged at the discretion of the City Arborist
to need additional protection.
20. Protection of Trees from Harmful Chemicals. Harmful chemicals shall not be disposed of
near trees.
21. 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.
22. Stormwater. Disposition and treatment of stormwater shall comply with the applicable
requirements of the National Pollution Discharge Elimination System ("NPDES") Permit issued
to the City of Saratoga and the implementation standards established by the Santa Clara Valley
Urban Runoff Pollution Prevention Program (collectively the “NPDES Permit Standards”).
Prior to issuance of Zoning Clearance for a Demolition, Grading or Building Permit for this
Project, a Stormwater Detention Plan shall be submitted to the Community Development
Director for review and approval demonstrating how all storm water will be detained on-site and
in compliance with the NPDES Permit Standards. If not all stormwater can be detained on-site
due to topographic, soils or other constraints, and if complete detention is not otherwise required
by the NPDES Permit Standards, the Project shall be designed to detain on-site the maximum
reasonably feasible amount of stormwater and to direct all excess stormwater away from
adjoining property and toward stormwater drains, drainageways, streets or road right-of- ways
and otherwise comply with the NPDES Permit Standards and applicable City Codes.
21
Resolution No. 12-037
23. Landscape and Irrigation Plan. The Landscape and Irrigation Plan required by City Code
Section 15-45.070(a)(9) shall be designed to the maximum extent reasonably feasible to:
a. utilize efficient irrigation (where irrigation is necessary), to eliminate or reduce runoff, to
promote surface infiltration, and to minimize use of fertilizers and pesticides that have the
potential to contribute to water pollution;
b. treat stormwater and irrigation 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 prolonged exposure to water shall be specified in the Plan, installed and
maintained;
c. be comprised of pest resistant landscaping plants throughout the landscaped area, especially
along any hardscape area;
d. be comprised of plant materials selected to 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;
e. protect the roots of Ordinance-protected trees from any proposed or required
undergrounding of utilities;
f. retain and incorporate existing native trees, shrubs, and ground cover into the Plan; and
g. comply with Section 16-75.030 of the City Code to the extent applicable.
24. 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 Community
Development Department Director or designee 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. B.1
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 (five feet beyond the dripline (the
area under the canopy) or a greater distance as determined by the City Arborist) of any
Ordinance-protected tree on the site;
c. The site plan shall contain a note with the following language: “Prior to foundation
inspection by the City, the Licensed Land Surveyor of record shall provide a written
certification that all building setbacks comply with the Approved Plans,” which note shall
represent a condition which must be satisfied to remain in compliance with this Design
Review Approval;
d. This signed and dated Resolution printed onto separate construction plan pages;
e. A boundary survey, wet-stamped and wet-signed by a Licensed Land Surveyor or Civil
Engineer authorized to practice land surveying. The stamp shall reflect a current license for
the land surveyor/engineer, the document shall be labeled “Boundary Survey,” and the
document shall not contain any disclaimers;
f. Applicable City Arborist Reports shall be printed onto separate construction plan pages;
g. All additional drawings, plans, maps, reports, and/or materials required by the Building
Division.
25. Exterior Downgrade. Staff shall not approve downgrading to the exterior appearance of the
approved residence. Downgrades may include, but are not limited to, garage doors,
22
Resolution No. 12-037
architectural detailing, stonework, columns, shutters, driveway materials, or similar items. Any
exterior changes to approved plans resulting in a downgrade shall require filing an additional
application and fees for review by the Planning Commission as a modification to approved
plans. Any other exterior changes to the approved plans, which are not deemed a downgrade by
staff, shall require approval in compliance with condition A.3 above.
C. CITY ARBORIST.
26. Compliance with Tree Regulations and City Arborist Reports. All requirements in the City
Arborist Reports dated February 29, 2012 are hereby adopted as conditions of approval and
shall be implemented as part of the Approved Plans. This includes, but is not limited to, all tree
related conditions set forth above and the following standard conditions of approval:
a. Tree Bond. Prior to issuance of any Building Permit or Grading Permit, the Project
Applicant or Owner shall obtain and submit to the Community Development Department a
Tree Bond, or similar funding mechanism satisfactory to the Community Development
Department, in favor of the City, in the amount of $53,050 to guarantee: (1) the
maintenance and preservation of all existing trees except any approved for removal under
this Design Review Approval; and (2) the replacement of any removed trees or
rehabilitation of any damaged trees in a manner satisfactory to the City Arborist.
b. Release of Tree Bond. Prior to the City’s inspection for final approval of the completed
Project, the City Arborist shall inspect the site to verify compliance with all conditions of
approval related to trees. The Tree Bond required above shall be released after the planting
of required replacement trees, a site inspection by the City Arborist finding compliance with
all tree-related conditions contained in this Resolution, and payment of any outstanding City
Arborist fees.
D. PUBLIC WORKS
27. Encroachment Permit 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.
E. FIRE SAFETY OR FIRE AGENCY REQUIREMENTS
28. Fire Agency Conditions. Applicant shall comply with all Fire Agency conditions.
23
24
25
26
27
28
29
30
31
32
33
34
35
36
Date: August 13, 2012
To: Michael Fossati, Planner
CC: Christopher Riordon, Senior Planner
Subject: 20601 Lomita Ave
Mr. Fossati,
We have received the “Notice of Public Hearing” for Wednesday August 22, 2012
regarding 20601 Lomita Ave. After reviewing the final plans, we have the following
concerns we would like the planning department to address.
1. The variances requested in regards to the set backs and request to provide
only one car garage should be denied. These variances will result in over
building and introduce even greater parking congestion on Lomita Ave. The
20601 Lomita project should conform to the current codes.
2. In compliance with policy #3, Control view to adjacent properties, in the
residential design handbook, the current plan will grossly impact our privacy,
light, and view. Considering our backyard (14771 Aloha Ave) runs the full
length of the 20601 Lomita Ave., our privacy, exposure to sun, and our view
will be greatly impacted by this project. From our backyard elevation, the
house appears to be a three story house towering over our property. To
mitigate this, all city codes should be adhered to and the final plans must
include the requirement to plant tall trees and hedges along the south east
perimeter of the 20601 Lomita Ave property for additional privacy. (example:
Thuja Green Giant).
3. The request to make the existing secondary structure deed restricted will
significantly impact the value of our property since it will become high density
living area adjacent to our property. Additionally the allotted parking is not
sufficient to support a secondary housing unit.
4. The proposed plan shows two air conditioning units on the south side facing
our house. This will introduce excessive noise in hot days when both units are
on. The secondary dwelling air conditioning unit, facing our bedrooms, should
be moved to the back of the house to mitigate some of the noise.
Please reply confirming you have received this email. We look forward to the site visit
of August 21st at 3:30 and the Planning meeting on August 22nd at 7:00 PM to
discuss our concerns.
Thank you,
Aida & Thomas Scott
14771 Aloha Ave.
Saratoga, CA 95070
408-741-8289
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
Parcel NumbOwner Name Owner Address Owner City, State Zip
#5152 500' OWNERSHIP LISTING
Prepared for: 20601 Lomita
Avenue
517-08-026 TAMARA S NEWCOMBE 20626 KOMINA AVE SARATOGA CA 95070
517-08-027 JOHN K HOWARD 20620 KOMINA AVE SARATOGA CA 95070
517-08-028 CLARENCE E & CAROLYN L SCHULTZ 20606 KOMINA AVE SARATOGA CA 95070
517-08-029 CHERI-JEANNE & BARCO JEFF KINLEY-BARCO 20588 KOMINA AVE SARATOGA CA 95070
517-08-030 TONY C & TINA L OYANG 20574 KOMINA AVE SARATOGA CA 95070
517-08-031 ROY S & HELEN M CAMERON 20560 KOMINA AVE SARATOGA CA 95070
517-08-032 JOHN J & ALEDA L COOK 20550 KOMINA AVE SARATOGA CA 95070
517-08-033 JUSTIN & JAQUELINE LEI 20540 KOMINA AVE SARATOGA CA 95070
517-08-034 BYONGMOO & HYEJEONG HAN 14755 ALOHA AVE SARATOGA CA 95070
517-08-035 AIDA A & SAMUEL T SCOTT 14771 ALOHA AVE SARATOGA CA 95070
517-08-036 PAMELA R MILES-CLERKIN 20601 LOMITA AVE SARATOGA CA 95070
517-08-037 STEVEN & HEATHER METZ 20620 KOMINA AVE SARATOGA CA 95070
517-08-038 ALAN H ROSENUS 20621 LOMITA AVE SARATOGA CA 95070
517-08-039 KEITH G RIEKEN 20633 LOMITA AVE SARATOGA CA 95070
517-08-040 ROBERT E & ELIZABETH J NAST 20645 LOMITA AVE SARATOGA CA 95070
517-08-041 ROELAND P & MARGARET E VAN KRIEKEN 20655 LOMITA AVE SARATOGA CA 95070
517-08-042 DAVID A KATZ 20665 LOMITA AVE SARATOGA CA 95070
517-08-043 JOHN HOLT 14690 OAK ST SARATOGA CA 95070
517-08-044 LUPE COMPEAN 936 HARRIET AVE CAMPBELL CA 95008
517-08-045 FRANCINE & GEORGE H MCKENZIE 14678 OAK ST SARATOGA CA
517-08-046 JENNIFER Y TAYLOR 14672 OAK ST SARATOGA CA 95070
517-08-047 MICHAEL J & DEBRA A CUMMINS 14666 OAK ST SARATOGA CA 95070
517-10-022 ROY P & GAY CRAWFORD 14711 ALOHA AVE SARATOGA CA 95070
517-10-023 PERRY G & PATRICIA P CONSTANTINE 14725 ALOHA AVE SARATOGA CA 95070
517-10-024 YAOLUN & LI VICTOR JIANG 14735 ALOHA AVE SARATOGA CA 95070
517-10-025 DANIEL L & CAROLYN C CASAS 20545 KOMINA AVE SARATOGA CA 95070
517-10-027 MICHAEL A & CRANE-OLIVER EVELYN OLIVER 20589 KOMINA AVE SARATOGA CA 95070
517-10-036 TENNIS CLUB SARATOGA PO BOX 202 SARATOGA CA 95071
517-10-047 SARATOGA UNION S D 20460 Forrest Hills Drive SARATOGA CA 95070
517-11-041 ANNA K ASELTINE 20545 LOMITA AVE SARATOGA CA 95070
517-11-042 JAMES P & KRISTIN N OBERHAUSER 20561 LOMITA AVE SARATOGA CA 95070
517-11-043 DAVID G & DEBORAH Q LEMIRE 14774 ALOHA AVE SARATOGA CA 95070
517-11-044 LARRY & CAROL SCHUSTER 14760 ALOHA AVE SARATOGA CA 95070
517-11-045 CHANDRA S GUPTA 8005 HUMMINGBIRD LN #C SAN DIEGO CA 92123
517-11-046 KARAGADA R KISHORE 14732 ALOHA AVE SARATOGA CA 95070
517-11-047 PETER S & KAREN D NOSE 14718 ALOHA AVE SARATOGA CA 95070
517-11-056 JOHN R LUND 14805 VICKERY AVE SARATOGA CA 95070
517-11-057 ARDALAN HESHMATI 14811 VICKERY AVE SARATOGA CA 95070
517-11-058 JENNIFER DICKSON 20544 LOMITA AVE SARATOGA CA 95070
517-11-059 MICHAEL C & ANNIE E SHEBANOW 14823 VICKERY AVE SARATOGA CA 95070
517-12-004 KATHLEEN BOYD 14732 OAK ST SARATOGA CA 95070
517-12-005 GERALD L & LYNNE L GURLEY 14724 OAK ST SARATOGA CA 95070
517-12-006 MAE Q BAKER GENEVA 14700 OAK ST SARATOGA CA 95070
517-12-007 ROBERT C & PATRICIA HIMEL 20670 LOMITA AVE SARATOGA CA 95070
517-12-008 LEANNE R & EDWARD V POPA 20660 LOMITA AVE SARATOGA CA 95070
517-12-009 JAMES H & JANE F HOPKINS 20650 LOMITA AVE SARATOGA CA 95070
517-12-010 JEAN B BOGOSIAN 20630 LOMITA AVE SARATOGA CA 95070
517-12-011 MICHAEL J & SUSAN M MCCHESNEY 20620 LOMITA AVE SARATOGA CA 95070
517-12-012 KRISHNAMURTHY FAMILY TR 20610 LOMITA AVE SARATOGA CA 95070
517-12-021 BETH L WHITE 20568 LOMITA AVE SARATOGA CA 95070
517-12-022 JOHN A & ZOE R SAUNDERS 20550 LOMITA AVE SARATOGA CA 95070
60
517-12-026 VERGIL C & JANET L GIVENS 20536 LOMITA AVE SARATOGA CA 95070
517-12-027 JOHN T & DENISE DICKSON 20544 LOMITA AVE SARATOGA CA 95070
517-12-029 HOC ASSOCIATES INC 6345 JANARY WAY SAN JOSE CA 95129
517-12-030 JOHN C & BEVERLEY L DARLINGTON 20604 LOMITA AVE SARATOGA CA 95070
517-12-031 DENNIS A & JILL S HUNTER 20606 LOMITA AVE SARATOGA CA 95070
517-12-033 THOMAS & JEPSEN REBECCA GUERRETTE 20602 LOMITA AVE SARATOGA CA 95070
517-12-034 JOHN & NICOLE WELSH 20600 LOMITA AVE SARATOGA CA 95070
517-12-036 SARATOGA CEMETERY DIST SCC 14766 OAK ST SARATOGA CA 95070
517-27-002 MARY C HENDERSON 14830 VICKERY AVE SARATOGA CA 95070
517-27-003 BARRY C AND MARY MARSH 14801 BUTANO TER SARATOGA CA 95070
61
62
63
64
65
66
67
68
69
70
71
REPORT TO THE
PLANNING COMMISSION
Meeting Date: August 22, 2012
Application: Design Review MOD12-0005
Location / APN: 19915 Mallory Ct. / 393-16-026
Owner / Applicant: Nalwa
Staff Planner: Michael Fossati
19915 Mallory Ct.
72
.
SUMMARY
PROJECT DESCRIPTION:
The applicant is requesting Design Review approval to replace an existing 3,762 sq. ft.
single-story residence damaged by fire with a new 4,044 sq. ft. one-story residence. Design
Review approval is required pursuant to Saratoga Municipal Code Section 15-45.060(a)(3),
as the proposed project is a new single-story structure over 18 feet in height. The site is
approximately 14,168 sq. ft. and is located within the R-1-12,500 zoning district.
STAFF RECOMMENDATION:
Adopt Resolution No. 12-038 approving the project subject to conditions of approval.
73
.
PROJECT DATA
Net Site Area: 0.33 acres (14,168 square feet)
Average Slope: Less than 2%
General Plan Designation: M-12.5 (Medium Density Residential)
Zoning: R1-12,500
Proposed Allowed
Proposed Site Coverage
Building & Garage
Driveways / Parking
Walkways/Decks/Pool Coping
Total Proposed Site Coverage
4,407 sq. ft.
1,568 sq. ft.
2,134 sq. ft.
7,749 sq. ft. (54%)
Maximum Coverage
allowed is 7,792 sq. ft.
(55%)
Floor Area
1st Floor:
Garage:
Total
3,356 sq. ft.
488 sq. ft.
4,044 SF
Maximum Floor Area
allowed is 4,050 sq. ft.
Grading
Cut
200 c.y.
Fill
200 c.y.
Total
400 c.y.
No Grading Limit in the
R-1 Zoning District
Height (Residence)
Lowest Elevation Point:
Highest Elevation Point:
Average Elevation Point:
Proposed Topmost Point:
101.50’
102.79’
102.14’
123.50’ (21.36’)
Maximum Building
Height is 128.14’
(26 Feet)
Setbacks
Front:
Interior Left Side:
Exterior Right Side:
Rear:
1st Story
25’
10’
25’
10’
1st Story
25’
10’
25’
10’
PROJECT DISCUSSION AND SITE CHARACTERISTICS
This project is subject to Design Review pursuant to City Code Section 15-45.060(a)(3), any
new single-story structure over 18 feet in height.
Site Description
The 14,168 square feet site is a fully developed area of Saratoga, south of Cox Avenue at
Cumberland. The neighborhood is a mixture of one and two-story residences ranch-style
homes. The existing residence was substantially damaged by fire in March 2011.
The applicant received approval of an Administrative Design Review for the proposed 4,044
sq. ft. residence in June 2012 with a height of 17’ 10”.
74
.
Once approved, the applicant proceeded to move forward with working drawings. The
project engineer determined that the new foundation would not work with the proposed
design, as the proposed foundation wouldn’t provide sufficient clearance from the exterior
soil to maintain appropriate stormwater flow away from the foundation (Attachment 2). The
project engineer recommended increasing the foundation height, which in turn, increased the
height of the proposed residence. The proposed thicker foundation and steeper roof have
increased the proposed residence from 17’ 10” to 21’ 5”.
Architectural Style
The architectural style is a modern single family home which includes materials such as
integral stucco exterior walls, foam trim, dual glazed vinyl windows, and tile roof. The
proposed exteriors include “eggshell” off-white stucco, “bungalow beige” trim, “white”
windows, and a muted “terra cotta” flat tile concrete roof.
Detail Colors and Materials Mfg. & Specification
Windows White – Vinyl TBD
Garage Door Eggshell – Metal TBD
Trim Beige - Foam TBD
Building Ext. Eggshell – Integrated Color Stucco TBD
Roofing Muted Terra Cotta – flat concrete tile TBD
Trees
There are no trees on the yard. The applicant has proposed to plant shade trees at the north
eastern and southeastern portions of the property, per the landscape plan.
Landscaping
The applicant is proposing a standard driveway along Cumberland Drive, and a semi-circular
driveway along Mallory Court. Decorative pillars and lights would be installed on all three
driveway entrances. The remaining front yard areas would be filled with a standard sod
lawn.
Energy Efficiency
The applicant submitted a Build-it-Green GreenPoint with a score of 77 points. Green
features of the proposed project include engineered lumber for the beams and headers, 24
inch roof overhangs, and high-efficiency water fixtures throughout the home.
Neighbor Correspondence
The applicant submitted neighbor notification forms from five neighboring property owners.
Per the signed notifications, there were no objections to the project.
75
.
Staff sent a “Notice of Public Hearing” to all property owners within 500 feet of the subject
property. The public hearing notice and description of the project was published in the
Saratoga News.
DESIGN REVIEW FINDINGS
The findings required for issuance of a Design Review Approval pursuant to City Code
Section 15-45.080 are set forth below and the Applicant has met the burden of proof to
support making all of those required findings:
(a) The project avoids unreasonable interference with views and privacy. The project
has met this finding by proposing a site placement and design that places the visual
distance close to the street and farther away from existing residences, as discussed
per technique #2 of policy 3 of the Residential Design Guidelines of the City. The
proposed new home will not have second story living spaces, windows, or balconies,
all which could impact privacy. Privacy impacts from side facing windows are
reduced by the corner lot orientation and existing fencing and landscaping. This
finding can be made in the affirmative.
(b) The project preserves the natural landscape. This project meets this finding in that
it project is proposed to be constructed in the general vicinity of the existing
residence. The site is flat and the majority of established landscaping is along the
property lines. The new residence would be located in the approximate same level
area as the existing residence so the existing contours would not be significantly
modified. This finding can be made in the affirmative.
(c) The project preserves native and heritage trees. The project meets this finding in
that no native or heritage trees are either on the site or are being proposed for
removal. This finding can be made in the affirmative.
(d) The project minimizes the perception of excessive bulk. The project meets this
finding with the use of architecturally consistent elements, such as rectangular
shaped doors and windows, a hipped roof, and horizontal proportions and eaves that
reduce vertical massing. This finding can be made in the affirmative.
(e) The project is of compatible bulk and height. This finding can be made in the
affirmative in that the overall design of the residence is compatible in bulk and height
of neighboring properties within immediate environment, as well as typical
residences on the R1-12,500 zoning district. The existing neighborhood scale
includes both one and two-story designs with horizontal massing and low eves lines.
The proposed project is compatible with the scale by placing its massing along the
length of the lot rather than vertically. This finding can be made in the affirmative.
(f) The project uses current grading and erosion control methods. The project meets
this finding because the project requires minimal site grading to construct, which will
not substantially impact erosion. New hardscape surfaces, such as the decomposed
granite walkways and a driveway constructed out of pavers are designed to allow
76
.
subtle water absorption and drainage, which allows the maximum amount of water to
be retained on the site. This finding can be made in the affirmative.
(g) The project follows appropriate design policies and techniques. The project meets
this finding in that it will utilize the following:
a. The proposed project would protect neighbor’s privacy by proper site
planning and appropriate landscaping (Policy 4, Technique #2)
b. Use of a limited number of materials and colors on a single elevation (Policy
2, Technique #1)
c. Increase setbacks for living areas that require more privacy. (Policy 3,
Technique #2)
d. The architectural style is not restricted by the existing pattern, but is
compatible (Policy 1, Technique #5)
As discussed above, the finding can be made in the affirmative.
ENVIRONMENTAL DETERMINATION: The project is Categorically Exempt from the
Environmental Quality Act (CEQA) pursuant Section 15303, “New Construction or
Conversion of Small Structures”, Class 3 (a) of the Public Resources Code (CEQA). This
exemption allows for the construction or conversion of up to three single-family residences.
STAFF RECOMMENDATION
Staff recommends the Planning Commission adopt Resolution No. 12-038 approving the
project subject to conditions of approval.
ATTACHMENTS:
1. Resolution of Approval – 19915 Mallory Ct.
2. Letter from Bay Land Consulting, dated 7/23/12
3. Neighbor Notification Forms – 19915 Mallory Ct.
4. Build-it-Green Checklist – 19915 Mallory Ct.
5. Public hearing notice and mailing addresses for project notification
6. Reduced Plans, Exhibit "A.”
77
RESOLUTION NO. 12-038
Attachment 1
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
APPROVING DESIGN REVIEW NO. MOD12-0005 FOR THE REPLACEMENT OF AN
EXISTING SINGLE-STORY, SINGLE-FAMILY RESIDENCE WITH A NEW SINGLE-
STORY, SINGLE-FAMILY RESIDENCE LOCATED AT 19915 MALLORY COURT
WHEREAS, on July 25, 2012 an application was submitted by Vic Nalwa, requesting
Design Review approval to replace an existing 3,762 sq. ft. single-story, single-family residence
with a new 4,044 sq. ft. single-story, single-family residence. Design Review approval is
required pursuant to Saratoga Municipal Code Section 15-45.060(a)(3). The site is
approximately 14,168 sq. ft. and is located within the R-1-12,500 zoning district. The foregoing
work is described as the “Project” in this Resolution; and
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 August 18, 2012, the Planning Commission held a duly noticed public
hearing on the subject application, and considered evidence presented by City staff, the
applicant, and other interested parties.
NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds,
determines and resolves as follows:
Section 1: The recitals set forth above are true and correct and incorporated herein by
reference.
Section 2: The project is categorically exempt from the California Environmental Quality
Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New Construction or Conversion of
Small Structures”, of the Public Resources Code (CEQA). This exemption allows for the
construction of up to three single-family residences and no exception to that exemption applies.
Section 3: The project is consistent with the Saratoga General Plan Policies LU 1.1 in
that the City shall continue to be predominately a community of single-family detached
residences and LU 1.2 to continue to review all residential development proposals to ensure
consistency with Land Use Element goals and Policies.
Section 4: The project is consistent with the Saratoga City Code in that the design and
improvements are consistent with the design review findings in that the project avoids
unreasonable interference with views and privacy; preserves the natural landscape, native and
heritage trees; minimizes the perception of excessive bulk and is of compatible bulk and height;
uses current grading and erosion control methods; and follows appropriate design policies and
techniques.
Section 5: The City of Saratoga Planning Commission hereby approves applications
MOD12-0005, for the project located at 19915 Mallory Court, subject to the Conditions of
Approval attached hereto as Exhibit 1.
78
Resolution No. 12-038 Page 2
PASSED AND ADOPTED by the City of Saratoga Planning Commission this 18th day of
August 2012 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Tina K. Walia
Chair, Planning Commission
79
Resolution No. 12-038 Page 3
EXHIBIT 1
CONDITIONS OF APPROVAL
MOD12-0005
19915 MALLORY CT. (393-16-026)
1. All conditions below which are identified as permanent or for which an alternative period of
time for applicability is specified shall run with the land and apply to the landowner’s
successors in interest for such time period. No zoning clearance, or demolition, 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 the
Community Development Director.
2. If a condition is not “Permanent” or does not have a term specified, it shall remain in effect
until the issuance by the City of Saratoga of a Certificate of Occupancy or its equivalent.
3. The Owner and Applicant will be mailed a statement, after the time the Resolution granting
this approval is duly executed, containing a statement of all amounts due to the City in
connection with this application, including all consultant fees (collectively “processing
fees”). This approval or permit shall expire sixty (60) days after the date said notice is
mailed if all processing fees contained in the notice have not been paid in full. No Zoning
Clearance or Demolition, Grading, or Building Permit may be issued until the processing
fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is
maintained).
4. The Project shall maintain compliance with all applicable regulations of the State, County,
City and/or other governmental agencies having jurisdiction including, without limitation, the
requirements of the Saratoga Zoning Regulations incorporated herein by this reference.
5. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and
hold the City and its officers, officials, boards, commissions, employees, agents and
volunteers harmless from and against:
a. any and all claims, actions or proceedings to attack, set aside, void or annul any action on
the subject application, or any of the proceedings, acts or determinations taken, done or
made prior to said action; and
b. any and all claims, demands, actions, expenses or liabilities arising from or in any
manner relating to the performance of such construction, installation, alteration or
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 from the Community Development Director,
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.
80
Resolution No. 12-038 Page 4
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 August 7, 2012
denominated Exhibit "A". All proposed changes to the Approved Plans must be submitted in
writing with plans showing the changes, including a clouded set of plans highlighting the
changes. Such changes shall be subject to approval in accordance with Condition 4, above.
7. Building Division Submittal. Four (4) sets of complete construction plans shall be
submitted to the Building Division. These plans shall be subject to review and approval by
the City prior to issuance of Zoning Clearance. The construction plans shall, at a minimum
include the following:
a. 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. The site plan shall contain a note with the following language: “Prior to foundation
inspection by the City, the Licensed Land Surveyor of record shall provide a written
certification that all building setbacks comply with the Approved Plans,” which note
shall represent a condition which must be satisfied to remain in compliance with this
Design Review Approval;
d. This signed and dated Resolution printed onto separate construction plan pages;
e. All additional drawings, plans, maps, reports, and/or materials required by the Building
Division.
8. Lighting. Exterior lighting shall be shielded so as not to shine on adjacent properties or
public right-of-way.
9. Maintenance of Construction Project Sites. Because this Design Review Approval
authorizes a project which requires a Building Permit, compliance with City Code Section
16-75.050 governing maintenance of construction project sites is required.
10. Front yard landscaping. Front yard landscaping shall be installed prior to final inspection
or a bond satisfactory to the Community Development Department. 150% of the estimated
cost of the installation of such landscaping shall be provided to the City.
11. Stormwater. A stormwater retention plan shall be submitted to the City for review and
approval demonstrating how all stormwater will be retained on-site to the maximum extent
feasible, and incorporating the New Development and Construction – Best Management
Practices on file with the City. If all stormwater cannot be retained on-site, an explanatory
note shall be provided on the approved plans and subject to prior City review and approval.
81
Resolution No. 12-038 Page 5
Stormwater runoff from the project site (if any after compliance with this paragraph) shall
not be directed toward the adjacent properties.
PUBLIC WORKS
12. Encroachment Permit. 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 Administrative Design Review.
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
CITY OF SARATOGA
Community Development Department
13777 Fruitvale Avenue
Saratoga, CA 95070
(408) 868-1222
NOTICE OF PUBLIC HEARING
The City of Saratoga’s Planning Commission announces the following public hearing on:
Wednesday, the 22nd day of August, 2012, at 7:00 p.m.
The public hearing will be held in the City Hall Theater located at 13777 Fruitvale Avenue. The
public hearing agenda item is stated below. Details of this item are available at the Saratoga
Community Development Department, Monday through Friday 7:30 a.m. – 5:00 p.m. Please
consult the City website at www.saratoga.ca.us regarding Friday office closures.
APPLICATION/ADDRESS: MOD12-0005 / 19915 Mallory Ct.
APPLICANT/OWNER: Lazari Design / Nalwa
APN: 393-16-026
DESCRIPTION: The applicant is requesting Design Review approval to replace an existing
3,742 sq. ft. single-story, single-family residence with a new 4,022 sq. ft. single-story, single-
family residence. The height of the proposed residence will be no more than 22 feet tall. Design
Review approval is required pursuant to Saratoga Municipal Code Section 15-45.060. The site is
approximately 14,168 sq. ft. and is located within the R-1-12,500 zoning district.
All interested persons may appear and be heard at the above time and place. If you challenge a
decision of the Planning Commission pursuant to a Public Hearing in court, you may be limited to
raising only those issues you or someone else raised at the Public Hearing. In order for information
to be included in the Planning Commission’s information packets, written communications should
be filed on or before Wednesday August 15, 2012.
This notice has been sent to all owners of property within 500 feet of the project that is the subject
of this notice. The City uses the official roll produced by the County Assessor’s office annually, in
preparing its notice mailing lists. In some cases, out-of-date information or difficulties with the U.S.
Postal Service may result in notices not being delivered to all residents potentially affected by a
project. If you believe that your neighbors would be interested in the project described in this
notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone
in your Community has as much information as possible concerning this project.
Michael Fossati
Planner
(408) 868-1212
100
8/10/2012 City of Saratoga Page -1 of 1
Parcel Number Parcel Address Owner Name Owner City, State Zip
39310001 20116 CHATEAU DR FREEMAN PAUL N AND SUSAN SARATOGA, CA 95070
39310002 20122 CHATEAU DR VANDERMATE CLORIA S TRUSTEE SARATOGA, CA 95070
39310003 20124 CHATEAU DR HOGUE THOMAS L AND ELLEN E TRU SARATOGA, CA 95070
39310004 20128 CHATEAU DR CRAWFORD JOHN H AND NORMA B SARATOGA, CA 95070
39310005 20132 CHATEAU DR HIROKAWA, JOHN AND ANNE SARATOGA, CA 95070
39310014 20060 PIERCE CT ROTHSCHILD RICHARD AND ELIZABE SARATOGA, CA 95070
39310015 20065 PIERCE CT LIU YING-MOH AND I-LAN SARATOGA, CA 95070
39310016 20081 PIERCE CT TU LAIN CHUEN TRUSTEE SARATOGA, CA 95070
39315002 13067 JACCARANDA CT WHITNEY KAY M SARATOGA, CA 95070
39315003 13069 JACCARANDA CT STOIBER THOMAS C AND DIANE J T SARATOGA, CA 95070
39315004 13071 JACCARANDA CT BONASO PAUL AND GAIL J SARATOGA, CA 95070
39315005 13075 JACCARANDA CT HURANT KATHRINE A TRUSTEE SARATOGA, CA 95070
39315006 13077 JACCARANDA CT CHUNG YOUNG-HO AND SUNNY SARATOGA, CA 95070
39315014 13088 CUMBERLAND DR SHEU HSIN-BIN AND LIN CHYONG T SARATOGA, CA 95070
39315015 13066 CUMBERLAND DR SCHILLER MARCIA J ET AL LIVERMORE, CA 94550
39315016 13038 CUMBERLAND DR WIDJAJA - MULJADI SARATOGA, CA 95070
39315017 19922 WINTER LN LIAO DAVE T AND JUDY C SARATOGA, CA 95070
39315018 19940 WINTER LN YANG SHIH-CHENG AND LI-HSUEH SARATOGA, CA 95070
39315019 19964 WINTER LN SMITH ELAINE A ET AL SARATOGA, CA 95070
39315020 19982 WINTER LN SU THOMAS C AND HSU VIVIAN Y SARATOGA, CA 95070
39315021 20002 WINTER LN FANG JIAYUAN AND YIPEI SARATOGA, CA 95070
39315022 20001 WINTER LN FURMAN THEODORE S AND GERALDIN SARATOGA, CA 95070
39315023 19981 WINTER LN YAMAMOTO WAYNE I AND HSU JEAN SARATOGA, CA 95070
39315024 19963 WINTER LN KRISHNAMURTHY SUNDAR AND REKHA SARATOGA, CA 95070
39315025 19941 WINTER LN GYOREY GEZA L AND ELIZABETH F SARATOGA, CA 95070
39315026 19921 WINTER LN WALLER JAMES J TRUSTEE SARATOGA, CA 95070
39315027 13089 CUMBERLAND DR THOMPSON OLIVE I TRUSTEE SARATOGA, CA 95070
39315029 19922 VIA ESCUELA DR ZHANG HONG XIN AND TANG WEI SARATOGA, CA 95070
39315030 19942 VIA ESCUELA DR SHIMADA WARREN H AND ELIZABETH SARATOGA, CA 95070
39316008 19915 WELLINGTON CT FASANG PATRICK P AND KAZUKO K SARATOGA, CA 95070
39316009 19937 WELLINGTON CT ARTHUR JIM AND ROBIN SARATOGA, CA 95070
39316012 19991 WELLINGTON CT HAWORTH JAMES G AND FOY SUSAN SARATOGA, CA 95070
39316013 19984 WELLINGTON CT CROSS JONATHAN R AND ANNE E TR SARATOGA, CA 95070
39316014 19962 WELLINGTON CT SABADA SUDHAKAR AND UMA SARATOGA, CA 95070
39316015 19940 WELLINGTON CT WU WINDSOR WEN-SHE AND JENNY S SARATOGA, CA 95070
39316016 19918 WELLINGTON CT CHENG STEPHEN W AND SAMANTHA D SARATOGA, CA 95070
39316017 12909 CUMBERLAND DR CARROLL RONALD F AND H M SARATOGA, CA 95070
39316018 19939 BLYTHE CT BABCOCK ROBERT E AND JAYNE L SARATOGA, CA 95070
39316019 19951 BLYTHE CT GRAYSON MARY H TRUSTEE SARATOGA, CA 95070
39316020 19973 BLYTHE CT BROOKS FREDERICK D SARATOGA, CA 95070
39316021 19990 BLYTHE CT SKIDMORE JOHN W TRUSTEE SARATOGA, CA 95070
39316022 19978 BLYTHE CT HOWELL BARBARA M TRUSTEE & ET SARATOGA, CA 95070
39316023 19954 BLYTHE CT SHIRLEY JAMES J AND MARY J SARATOGA, CA 95070
39316024 19932 BLYTHE CT FRIEL DOROTHY M TRUSTEE SARATOGA, CA 95070
39316025 19918 BLYTHE CT STOWELL MARY A TRUSTEE SARATOGA, CA 95070
39316026 19915 MALLORY CT VIC NALWA SARATOGA, CA 95070
39316027 19937 MALLORY CT LEUNG TANG FAI AND YUK MAN POO SARATOGA, CA 95070
39316028 19959 MALLORY CT BEHROOZI-TOOSI AMIR AND FARKHO SARATOGA, CA 95070
39316029 19971 MALLORY CT LU WEN CHEN AND CHEN JU YUH SARATOGA, CA 95070
39316030 19993 MALLORY CT DANDO MERYL G TRUSTEE SARATOGA, CA 95070
39316031 19986 MALLORY CT MANN MORTON SARATOGA, CA 95070
39316032 19964 MALLORY CT HENDERSON JEFFREY S AND VICKY SARATOGA, CA 95070
39316033 19942 MALLORY CT SINGH DALJEET AND SUJATA SARATOGA, CA 95070
39316034 19920 MALLORY CT YANG SAMUEL C AND CONNIE W SARATOGA, CA 95070
39316035 13020 CUMBERLAND DR MALWANKAR SARATOGA, CA 95070
39316036 12998 CUMBERLAND DR BITNER CYNTHIA A TRUSTEE SARATOGA, CA 95070
39316037 12976 CUMBERLAND DR CURTIS THOMAS A TRUSTEE SARATOGA, CA 95070
39316038 12954 CUMBERLAND DR CHANG IRENE H SARATOGA, CA 95070
39316039 12932 CUMBERLAND DR HO CHUN AND PAO-CHEN TRUSTEE SARATOGA, CA 95070
39316040 12910 CUMBERLAND DR NAMIAN ROBERT S AND BARBARA H SARATOGA, CA 95070
39316041 12892 CUMBERLAND DR GOCHNAUER DANIEL AND VICKI SARATOGA, CA 95070
101
39316042 12888 CUMBERLAND DR NISHIMURA JOSEPH AND ROSE TRUS SARATOGA, CA 95070
39316043 12866 CUMBERLAND DR TSZTOO GARY R AND MAY T SARATOGA, CA 95070
63 Affected Parcels
GEO10
102
PLOT PLAN2880308028803680288040803080288028802880288028802880288028802880 30803080
SHEET:
DATE:
Fax:(408)323-9522
Tel:(408) 781-8374
DESIGN
LAZARI
6154 ROYAL ACORN PL
San jose Ca 95120
elazari@comcast.net
SARATOGA CA 95070MR. VIC NALWA19915 MALLORY CT.SARATOGA CA 95070
ADDRESS:
19915 MALLORY CT.
OWNER:
103
6080
SL.D.54486080
SL.D.
28802880
2880
288028802880
40803680
28802880
288028803080308028802880 120963080
3080FLOOR PLAN
A A
B
B
SHEET:
DATE:
Fax:(408)323-9522
Tel:(408) 781-8374
DESIGN
LAZARI
6154 ROYAL ACORN PL
San jose Ca 95120
elazari@comcast.net
SARATOGA CA 95070MR. VIC NALWA19915 MALLORY CT.104
SHEET:
DATE:
Fax:(408)323-9522
Tel:(408) 781-8374
DESIGN
LAZARI
6154 ROYAL ACORN PL
San jose Ca 95120
elazari@comcast.net
SARATOGA CA 95070MR. VIC NALWA19915 MALLORY CT.105
SHEET:
DATE:
Fax:(408)323-9522
Tel:(408) 781-8374
DESIGN
LAZARI
6154 ROYAL ACORN PL
San jose Ca 95120
elazari@comcast.net
SARATOGA CA 95070MR. VIC NALWA19915 MALLORY CT.106
ROOF PLAN
SHEET:
DATE:
Fax:(408)323-9522
Tel:(408) 781-8374
DESIGN
LAZARI
6154 ROYAL ACORN PL
San jose Ca 95120
elazari@comcast.net
SARATOGA CA 95070MR. VIC NALWA19915 MALLORY CT.107
SHEET:
DATE:
Fax:(408)323-9522
Tel:(408) 781-8374
DESIGN
LAZARI
6154 ROYAL ACORN PL
San jose Ca 95120
elazari@comcast.net
SARATOGA CA 95070MR. VIC NALWA19915 MALLORY CT.108
109
110
111