HomeMy WebLinkAbout07-10-2019 Planning Commission PacketSaratoga Planning Commission Agenda – Page 1 of 2
SARATOGA PLANNING COMMISSION
REGULAR MEETING
JULY 10, 2019
7:00 P.M. - PLANNING COMMISSION REGULAR MEETING
Civic Theater | 13777 Fruitvale Avenue, Saratoga CA 95070
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MINUTES
Action Minutes from the Regular Planning Commission Meeting of June 12, 2019.
Recommended Action:
Approve Minutes of June 12, 2019 meeting.
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. This 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.
REPORT ON 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.
1. NEW BUSINESS
2. PUBLIC HEARING
Applicants and/or their representatives have a total of ten (10) minutes maximum for
opening statements. All interested persons may appear and be heard during this meeting
regarding the items on this agenda. If items on this agenda are challenged in court,
members of the public may be limited to raising only issues raised at the Public Hearing or
in written correspondence delivered to the Planning Commission at, or prior to the close of
the Public Hearing. Members of the public may comment on any item for up to three (3)
minutes. Applicants and/or their representatives have a total of five (5) minutes maximum
for closing statements.
2.1. Application APTR19-0002; 19324 Harleigh Drive (389-31-016); Katerzyna and
Maciej Kranz. The property owners are appealing the denial of permit application TRP19-
0054 for the removal of one (1) Blue Atlas Cedar tree which grows in the front yard of the
property. Staff contact: Kate Bear (408) 868-1276 or kbear@saratoga.ca.us.
Saratoga Planning Commission Agenda – Page 2 of 2
Recommended Action:
Adopt Resolution No.19-012 denying appeal APTR19-0002.
2.2. Application PDR18-0027, ARB18-0038, ADU18-0017; 14595 Horseshoe Drive
(397-20-050); Amir and Niloofar Zarkesh / Glush Design Group. The applicant requests
Design Review approval to construct a two-story, 21’4” tall, 5,132 square foot single-family
home with a 486 square foot attached accessory dwelling unit. Two (2) protected trees are
requested for removal. The site is zoned R-1-20,000 with a General Plan Designation of RLD
(Residential Low Density). Staff Contact: Victoria Hernandez (408) 868-1212 or
vhernandez@saratoga.ca.us.
Recommended Action:
Adopt Resolution No.19-017 approving the project subject to conditions of approval
included in Attachment 1.
DIRECTOR ITEMS
COMMISSION ITEMS
ADJOURNMENT
CERTIFICATE OF POSTING OF THE AGENDA
I, Frances Reed, Administrative Assistant 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 5, 2019 at
the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and on the City’s website at
www.saratoga.ca.us.
Signed this 5th day of July 2019 at Saratoga, California.
Frances Reed, Administrative Assistant
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Saratoga Planning Commission Draft Minutes – Page 1 of 2
DRAFT MINUTES
WEDNESDAY, JUNE 12, 2019
SARATOGA PLANNING COMMISSION REGULAR MEETING
Chair Ahuja called the Planning Commission Regular Meeting to order in the Civic Theater,
Council Chambers at 13777 Fruitvale Avenue in Saratoga at 7:00 p.m. and led the Pledge of
Allegiance.
ROLL CALL
PRESENT: Chair Sunil Ahuja, Vice Chair Razi Mohiuddin, Commissioners Leonard
Almalech, Kookie Fitzsimmons, Lucas Pastuszka, Tina Walia
ABSENT: Anjali Kausar (excused)
ALSO PRESENT: Debbie Pedro, Community Development Director
Christopher Riordan, Senior Planner
Victoria Hernandez, Planner I
APPROVAL OF MINUTES
Action Minutes from the Regular Planning Commission Meeting of May 8, 2019.
Recommended Action:
Approve Minutes of May 8, 2019 meeting.
WALIA/FITZSIMMONS MOVED TO APPROVE THE MINUTES OF THE MAY 8, 2019
MEETING. MOTION PASSED. AYES: AHUJA, MOHIUDDIN, ALMALECH,
FITZSIMMONS, PASTUSZKA, WALIA. NOES: NONE. ABSENT: KAUSAR. ABSTAIN:
NONE.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
1. NEW BUSINESS
2. PUBLIC HEARING
2.1. Application PDR19-0002, ARB19-0008; 19731 Three Oaks Way (397-18-042);
Manisha and Sandeep Jain.
Recommended Action:
Adopt Resolution No.19-016 approving the project subject to conditions of approval
included in Attachment 1.
PASTUSZKA/WALIA MOVED TO ADOPT RESOLUTION NO. 19-016, APPROVING
APPLICATION PDR19-0002 SUBJECT TO CONDITIONS OF APPROVAL
INCLUDED IN ATTACHEMENT 1. MOTION PASSED. AYES: AHUJA,
MOHIUDDIN, ALMALECH, FITZSIMMONS, PASTUSZKA, WALIA. NOES: NONE.
ABSENT: KAUSAR. ABSTAIN: NONE.
Commissioner Fitzsimmons recused herself from item 2.2.
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Saratoga Planning Commission Draft Minutes – Page 2 of 2
2.2. Application PDR13-0023, CUP13-0004, ARB13-0004, and ENV18-0002; 14630 Big
Basin Way (517-08-005); Paul and Joe Hernandez
Recommended Action:
1. Adopt Resolution No. 19-014 adopting the Mitigated Negative Declaration ENV18-0002
for the Sebastian’s Mixed-Use Project; and
2. Adopt Resolution No. 19-015 approving Design Review PDR13-0023, Use Permit
CUP13-0004, and Arborist Report ARB13-0004 subject to conditions included in
Attachment 2.
WALIA/PASTUSZKA MOVED TO ADOPT RESOLUTION NO. 19-014, ADOPTING
THE MITIGATED NEGATIVE DECLARATION AND ADOPT THE RESOLUTION
NO. 19-015 APPROVING APPLICATIONS PDR13-0023 AND CUP13-0004 WITH
ADDITIONAL CONDITIONS. MOTION PASSED. AYES: AHUJA, MOHIUDDIN,
ALMALECH, PASTUSZKA, WALIA. NOES: NONE. ABSENT: KAUSAR. ABSTAIN:
NONE. RECUSED: FITZSIMMONS.
DIRECTOR ITEMS
COMMISSION ITEMS
ADJOURNMENT
ALMALECH/WALIA MOVED TO ADJOURN THE MEETING AT 8:55 PM. MOTION
PASSED. AYES: AHUJA, MOHIUDDIN, AHUJA, ALMALECH, FITZSIMMONS,
PASTUSZKA, WALIA. NOES: NONE. ABSENT: KAUSAR. ABSTAIN: NONE.
Minutes respectfully submitted:
Frances Reed, Administrative Assistant
City of Saratoga
5
REPORT TO THE
PLANNING COMMISSION
19324 Harleigh Drive
Meeting Date: July 10, 2019
Application: APTR19-0002; TRP19-0054
Address/APN: 19324 Harleigh Drive / 389-31-016
Property Owner/Appellants: Katerzyna and Maciej Kranz
From: Debbie Pedro, Community Development Director
Report Prepared By: Kate Bear, City Arborist
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Report to the Planning Commission
19324 Harleigh Drive – Application # APTR19-0002; TRP19-0054
July10, 2019
Page | 2
PROJECT DESCRIPTION
The property owner of 19324 Harleigh Drive has appealed an administrative decision to deny an
application for the removal of one blue atlas cedar (Cedrus atlantica ‘Glauca’) (TRP19-00054).
STAFF RECOMMENDATION
Adopt Resolution No.19-012 denying the appeal.
Pursuant to City Code Section 15-50.100, review by the Planning Commission is required for an
appeal of an administrative decision.
SITE CHARACTERISTICS AND APPEAL DESCRIPTION
Site Description
The property is a single story house in a neighborhood across from West Valley College. There
are a variety of large and small trees on the property. In addition to the blue atlas cedar, mature
trees include three liquidambars along the street in the front yard, a deodar cedar in the front yard
on the other side of the house, and two redwoods and a deodar cedar in the back yard. The blue
atlas cedar tree grows in the front yard and is visible from the street. The tree is planted to the right
of the driveway, which has been widened to accommodate two additional parking spaces directly
under the tree. There is a paved area behind the gate large enough to accommodate a parked
vehicle.
Background and Reason for Appeal
On February 2, 2019 the property owners Katerzyna and Maciej Kranz applied for a permit
(TRP19-0054) to remove one blue atlas cedar growing in the front yard. The reason for the
requested removal was that the tree is dropping sap on cars parked under the tree. Prior to
applying for tree removal, the owners hired an arborist to inspect the tree to see if there was
action they could take to prevent the sap production. Their arborist found the tree to be healthy
but determined that the sap production could not be prevented. The application was denied
because the tree removal criteria in City Code Section 15-50.080 could not be met.
On April 26, 2019, Katerzyna and Maciej Kranz filed an application with the Community
Development Department to appeal the administrative determination denying the application for
tree removal. The reason for the appeal is that the tree is dropping sap on cars and preventing
them from fully utilizing their driveway.
According to the property owners, there are six drivers in the household. The garage and
driveway can accommodate four cars. Harleigh Drive is posted with no parking signs from 8 am
to 8 pm to prevent West Valley College students from parking in the neighborhood during school
hours. The owners widened the driveway under the tree to allow two additional cars to be parked
in the driveway.
On February 19, 2019 staff conducted a site visit to inspect the blue atlas cedar tree. The tree
appeared to be mature and in good condition with several decades left in its most valuable years.
The tree has good structure with a strong central leader. The color of the foliage and this tree’s even
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Report to the Planning Commission
19324 Harleigh Drive – Application # APTR19-0002; TRP19-0054
July10, 2019
Page | 3
shape give it a strong aesthetic appearance. The reduced root space from the widened driveway may
be contributing to the sap production. Pruning may reduce the amount of sap, but would not
eliminate the problem. There is no treatment available to stop the tree from dropping sap. While this
is a nuisance, it is unlikely to cause decline in the health or appearance of the tree.
FINDINGS
The findings required for tree removal pursuant to City Code Section 15-50.080 are set forth below.
The Appellant has not met the burden of proof to support making one or more of those required
findings:
(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.
This finding cannot be made. At the time of inspection, the tree was in good health. Nearly
half of the root space of the tree is covered by hardscape. The reduced root space may be
contributing to the increased sap production. While this is a nuisance, it is unlikely to cause
decline in the health or appearance of the tree.
(2) The necessity to remove the tree because of physical damage or threatened damage to
improvements or impervious surfaces on the property.
This finding cannot be made. At the time of inspection, there was no indication of damage to
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.
This finding is not applicable because the property is considered flat and erosion control is
not a concern.
(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.
This finding cannot be made. This is the largest tree in this area of the front yard and
contributes to shade and privacy of the property. The distinctive blue gray foliage of the blue
atlas cedar and its good health and structure distinguishes it in the landscape.
(5) The age and number of healthy trees the property is able to support according to good
forestry practices.
This finding cannot be made. The cedar is not being crowded by other trees. The property is
able to accommodate all the large trees currently growing at the site.
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Report to the Planning Commission
19324 Harleigh Drive – Application # APTR19-0002; TRP19-0054
July10, 2019
Page | 4
(6) Whether or not there are any alternatives that would allow for retaining or not
encroaching on the protected tree.
This finding cannot be made because there are alternatives to the removal of the tree. Car
covers could be used to protect the cars from the sap falling. There is a parking space beside
the house that is not in use because the driver would need to park behind a gate and to open
and close the gate. Street parking is available between the hours of 8pm and 8am.
(7) Whether the approval of the request would be contrary to or in conflict with the general
purpose and intent of this Article.
This finding cannot be made. The general purpose of the Article is to preserve mature trees in
good condition if there are feasible alternatives that do not require the removal of the tree.
(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.
This finding cannot be made as the tree does not affect the safety of the public.
(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.
This finding cannot be made. There are feasible alternatives 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.
This finding is not applicable as solar panels are not proposed.
ATTACHMENTS
1. Resolution 19-012 denying the appeal
2. Appeal application APTR19-0002
3. Tree removal permit application TRP19-0054
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RESOLUTION NO: 19-012
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
DENYING APPEAL APTR19-0002
AND TREE REMOVAL PERMIT APPLICATION TRP19-0054
AT 19342 HARLEIGH DR
WHEREAS, the City of Saratoga Planning Commission has received an appeal of an
Administrative Decision denying a request to remove one blue atlas cedar at 19342 Harleigh Drive;
and
WHEREAS, the Planning Commission held a duly noticed public hearing at which time all
interested parties were given a full opportunity to be heard and present evidence; and
WHEREAS, the goal of the City is to balance the rights and privileges of property owners
for the use of their land with criteria for establishing and sustaining an urban forest, including the
establishment of basic standards and criteria for the removal and replacement of trees; and
WHEREAS, after considering all of the criteria for the application of a Tree Removal
Permit set forth in Section 15-50.080, the Planning Commission finds that overall the applicant has
not met the burden of proof required to support said application for the Tree Removal Permit for
one blue atlas cedar.
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 administrative decision is consistent with the General Plan, Open Space and
Conservation Element Policy:
General Open Space, OSC2: To preserve the City’s existing character which includes small
town residential, rural/semi-rural areas and open spaces.
The mature blue atlas cedar on the property adds to the small town residential semi-rural appeal
of the community.
Arbor Resources Element, OSC12: Support appropriate management for sustaining the health
and increasing the extent of arbor resources in the City. The specific vision is to increase overall
tree cover, tree health and consequent tree benefits in an equitable, cost beneficial and
sustainable manner. To further protect and enhance the City’s arbor resources built on the City’s
Tree Regulations, the City should continue its support of tree protection programs.
ATTACHMENT 1
10
19324 Harleigh Drive
Application #: APTR19-0002/TRP19-0054
Resolution No. 19-012
Page | 2
The blue atlas cedar was requested for removal through the City’s process to remove protected
trees as set forth in the Tree Regulations. The Planning Commission has reviewed the application
for tree removal and the appeal, and found that the request to remove the blue atlas cedar does not
meet the criteria in the City Code, overall.
Section 3: The administrative decision is consistent with the Saratoga City Code Section
15-50.080 in that the tree appears healthy, stable and does not appear to be damaging structures on
the property on which it grows or the neighbor’s property. Criteria 1, 2, 4, 5, 6, 7 and 8 have not
been met. Criterion 9 is partially met. Criteria 3 and 10 do not apply. How each criterion has or has
not been met is detailed below.
(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. This finding cannot be made. At the time of inspection, the tree was
in good health. Nearly half of the root space of the tree is covered by hardscape. The reduced
root space may be contributing to the increased sap production. While this is a nuisance, it is
unlikely to cause decline in the health or appearance of the tree.
(2) The necessity to remove the tree because of physical damage or threatened damage to
improvements or impervious surfaces on the property. This finding cannot be made. At the time
of inspection, there was no indication of damage to 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. This finding
is not applicable because the property is considered flat and erosion control is not a concern.
(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. This finding cannot be made. There are
a fair number of trees on the property and neighboring property, but the location and color of the
cedar distinguishes it in the landscape.
(5) The age and number of healthy trees the property is able to support according to good
forestry practices. This finding could not be made. The cedar is not being crowded by other trees.
The property is able to accommodate all the large trees currently growing at the site.
(6) Whether or not there are any alternatives that would allow for retaining or not
encroaching on the protected tree. This finding cannot be made because there are alternatives to
the removal of the tree. Car covers could be used to protect the cars from the sap falling. There is
a parking space beside the house that is not in use because the driver would need to park behind
a gate and to open and close the gate. Street parking is available between the hours of 8pm and
8am.
(7) Whether the approval of the request would be contrary to or in conflict with the general
purpose and intent of this Article. This finding cannot be made. The general purpose of the Article 11
19324 Harleigh Drive
Application #: APTR19-0002/TRP19-0054
Resolution No. 19-012
Page | 3
is to preserve mature trees in Saratoga if there are feasible alternatives that do not require the
removal of the tree.
(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. This finding cannot be made as the
tree does not affect the safety of the public.
(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. This finding cannot be made. There are
feasible alternatives 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. This finding is not applicable as solar panels are not proposed.
Section 4: Unless appealed to the City Council pursuant to the requirements of Article 15-90 of the
Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of
adoption.
The City of Saratoga Planning Commission hereby denies APTR19-0002, denying TRP19-0054 for
the removal and replacement of one blue atlas cedar, located at 19342 Harleigh Drive.
PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 10th day of
July 2019 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Sunil Ahuja
Chair, Planning Commission
12
ATTACHMENT 2
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ATTACHMENT 3
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16
17
18
REPORT TO THE
PLANNING COMMISSION
14595 Horseshoe Drive
Meeting Date: July 10, 2019
Application: PDR18-0027 / ARB18-0038 / ADU18-0017
Address/APN: 14595 Horseshoe Drive / 397-20-050
Property Owner: Amir and Niloofar Zarkesh
From: Debbie Pedro, Community Development Director
Report Prepared By: Victoria Hernandez, Planner I
19
Report to the Planning Commission
14595 Horseshoe Drive – Application # PDR18-0027/ARB18-0038/ADU18-0017
July 10, 2019
Page | 2
PROJECT DESCRIPTION
The applicant is requesting Design Review approval to construct a new two-story, 21’4” tall, 5,132
square foot single-family home with a 486 square foot attached accessory dwelling unit. Two (2)
protected trees are requested for removal.
STAFF RECOMMENDATION
Adopt Resolution No.19-017 approving the proposed residence subject to conditions of approval
included in Attachment 1.
Pursuant to City Code Section 15-45.060(a)(1), Design Review Approval by the Planning
Commission is required because the project is a new multi-story residence.
PROJECT DATA
Gross/Net Site Area: 22,500 sq. ft. gross/net (0.52 acres)
Average Site Slope: 7.4%
General Plan Designation: RLD (Residential Low Density)
Zoning: R-1-20,000
Proposed Allowed/Required
Site Coverage
Residence/Garage
Hardscape/Driveway
Total Proposed Site Coverage
5,114 sq. ft.
4,986 sq. ft.
10,100 sq. ft. (44.9%)
11,137.5 sq. ft.*
(45%)
Floor Area
First Floor
Second Floor
Garage
Total Proposed Floor Area
4,205 sq. ft.
486 sq. ft.
441 sq. ft.
5,132 sq. ft.
5,141.4 sq. ft.*
Height 21’ 4” 26’
Setbacks
Front:
Left Side:
Right Side:
Rear:
1st Floor 2nd Floor
30’ 41’4”
18’ 73’8”
15’ 30’10”
36’2” 64’
1st Floor 2nd Floor
30’ 30’
15’ 20’
15’ 20’
35’ 45’
Grading Cut
620
CY
Fill
50
CY
Export
570
CY
No grading limit in the
R-1-40,000 zoning district
*Includes a one-time 10% site coverage and floor area bonus for the deed restricted ADU pursuant to City Code Section 15-56.030 (3)
SITE CHARACTERISTICS AND PROJECT DESCRIPTION
Site Description
The subject property is located on the northern side of Horseshoe Drive in the R-1-20,000 zoning
district. The site is currently developed with a single-story residence, attached garage, and a
swimming pool. The surrounding uses consist of single-family residences to the east, west, north, and
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Report to the Planning Commission
14595 Horseshoe Drive – Application # PDR18-0027/ARB18-0038/ADU18-0017
July 10, 2019
Page | 3
south. Twenty-five (25) trees, which are protected by the Saratoga City Code, were inventoried on
the site by the project arborist.
Project Description
The proposed project would include the demolition of the existing home and the construction of a
new 5,132 square foot two-story residence.
The 4,205 square foot first floor consists of an entry hall, living room, family room, dining room,
kitchen, office, three (3) bedrooms with bathrooms, and a master suite. In addition, an attached 441
square foot two-car garage and an attached one-car carport are proposed.
The 486 square foot second floor consists of an accessory dwelling unit. The unit would have a studio
bedroom, a kitchen, and a bathroom.
Architecture/Design
The project would have a contemporary architectural style. Exterior materials and colors would
consist of tan stucco walls, tan precast stone trim, and a dark brown concrete tile roof. The variety of
exterior materials, varying roof heights, and partial second story provide architectural articulation to
break up the mass of the home.
The applicant has provided a color and materials board, which will be available for review at the
site visit and during the public hearing. Below is a list of the proposed exterior materials.
Detail Colors and Materials
Exterior Stucco (tan)
Precast Stone (tan)
Windows Aluminum Clad Wood (dark brown)
Doors Wood (dark brown)
Roof Concrete Tile (dark brown)
Trees
The project arborist inventoried twenty-five (25) trees on the site, which are protected. One 24-inch
Raywood Ash and one 13.5-inch Purple Leaf Plum tree, which are in poor condition, are proposed
for removal. The City Arborist is able to make the findings and recommend approval for the removal
of the two requested trees. All protected trees to remain in the vicinity of the project will be protected
prior to building permit issuance and throughout the duration of the project. The applicant is required
to place a tree security deposit of $7,150 and install tree protection fencing on the site. Details of the
arborist report findings and descriptions of the trees to be preserved are included in the Arborist Report
(Attachment 2).
Landscaping
The majority of the existing landscaping is proposed to remain. New ground cover landscaping and
decorative stones are also proposed along the new permeable paver driveway and walkway in the
front yard. The applicant will be required to demonstrate compliance with the Water Efficient
Landscape Ordinance when the application is submitted to the Building Department.
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Report to the Planning Commission
14595 Horseshoe Drive – Application # PDR18-0027/ARB18-0038/ADU18-0017
July 10, 2019
Page | 4
Geotechnical Review
This project is not located in a geo hazard zone therefore Geotechnical review was not required.
FINDINGS
The findings required for issuance of a Design Review Approval pursuant to City Code Section
Article 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. Site development follows the natural contours of the site, minimizes grading, and is
appropriate given the property’s natural constraints.
This finding can be made in the affirmative in that the project minimizes changes to the
contours of the site. Grading will be limited to the location of the new residence and driveway,
as well as contouring the site as necessary to direct water to landscaped areas.
b. All protected trees shall be preserved, as provided in Article 15-50 (Tree Regulations). If
constraints exist on the property, the number of protected trees, heritage trees, and native
trees approved for removal shall be reduced to an absolute minimum. Removal of any
smaller oak trees deemed to be in good health by the City Arborist shall be minimized using
the criteria set forth in Section 15-50.080.
This finding can be made in the affirmative in that the City Arborist has reviewed and
recommends approval for the proposed removal of two (2) protected trees. The number of
trees to be removed is being kept to a minimum and limited to trees that are in poor condition
and in conflict with the location of the project. A total of twenty-three (23) protected trees will
remain 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.
This finding can be made in the affirmative in that the second story has a proposed height of
21’4” feet and setbacks that are greater than the minimum required by the zoning district. No
community viewsheds are located in the vicinity of the project.
d. The overall mass and height of the structure, and its architectural elements are in scale
with the structure itself and with the neighborhood.
This finding can be made in the affirmative in that the project will create a partial two-story
residence in a neighborhood with both one and two-story structures, fitting with the context
of other residences within its vicinity. The project includes architectural elements consistent
with the contemporary architectural style which are in scale with the structure and the
neighborhood.
e. The landscape design minimizes hardscape in the front setback area and contains elements
that are complementary to the neighborhood streetscape.
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Report to the Planning Commission
14595 Horseshoe Drive – Application # PDR18-0027/ARB18-0038/ADU18-0017
July 10, 2019
Page | 5
This finding can be made in the affirmative in that the hardscape will be less than 50% of the
front setback area and limited to a permeable paver driveway and walkway. The majority of
the existing landscaping is proposed to remain.
f. Development of the site does not unreasonably impair the ability of adjoining properties to
utilize solar energy.
This finding can be made in the affirmative in that the development will not unreasonably
impair the ability of adjoining properties to utilize solar energy as the project meets or exceeds
required setbacks.
g. The design of the structure and the site development plan is consistent with the Residential
Design Handbook, pursuant to Section 15-45.055.
This finding can be made in the affirmative because the proposed project incorporates
applicable design policies and techniques from the Residential Design Handbook. The overall
mass and height of the structure are in scale with the neighborhood; the structure is set back
in proportion to the size and shape of the lot. In addition, the proposed materials, colors, and
details enhance the architecture in a well-composed manner which is complementary to the
architectural style of the home.
h. On hillside lots, the location and the design of the structure avoid unreasonable impacts to
ridgelines, significant hillside features, community viewsheds, and is in compliance
with Section 15-13.100.
This finding is not applicable as the project is not on a hillside lot. The project is not located
on a ridgeline, and will not affect any significant hillside features or community viewsheds.
Neighbor Notification and Correspondence
A public notice was sent to property owners within 500 feet of the site. In addition, the public hearing
notice and description of the project was published in the Saratoga News. The applicant submitted
seven (7) completed neighborhood notification forms, six (6) of which had no negative project related
comments. One neighbor expressed concerns with the setbacks and the second story (Attachment 3).
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 of three single-family residences in a
residential area, including small structures. The project, as proposed, is for the construction of a new
residence in a suburban, residential area.
ATTACHMENTS
1. Resolution No. 19-017
2. Arborist Report dated April 17, 2019
23
Report to the Planning Commission
14595 Horseshoe Drive – Application # PDR18-0027/ARB18-0038/ADU18-0017
July 10, 2019
Page | 6
3. Neighbor Notification Forms
4. Story Pole Certification
5. Project Plans
24
At
RESOLUTION NO: 19-017
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
APPROVING DESIGN REVIEW PDR18-0027/ADU18-0017
AND ARBORIST REPORT ARB18-0038
14595 HORSESHOE DRIVE (APN 397-20-050)
WHEREAS, on June 28, 2018 an application was submitted by Amir and Niloofar Zarkesh,
requesting Design Review approval to construct a new 5,132 square foot two-story residence with a
486 square foot attached accessory dwelling unit located at 14595 Horseshoe Drive (APN 397-20-
050). Two (2) protected trees are proposed for removal. The site is located within the R-1-20,000
zoning district.
WHEREAS, the Community Development Department completed an environmental
assessment for the project in accordance with the California Environmental Quality Act (CEQA)
and recommends that the Planning Commission determine this project Categorically Exempt.
WHEREAS, on July 10, 2019 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 a single-
family residence and small structures in a residential area.
Section 3: The proposed residence 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 proposed residence is consistent with the Saratoga City Code in that the
design and improvements are consistent with the design review findings. The overall mass and
height of the structure are in scale with the neighborhood; the structure is set back in proportion to
the size and shape of the lot; site development follows contours and is appropriate given the
property’s natural constraints; the porch and entry are in scale with other structures in the
ATTACHMENT 1
25
14595 Horseshoe Drive
Application #PDR18-0027/ARB18-0038/ADU18-0017
Resolution #19-017
Page | 2
neighborhood. In addition, the proposed materials, colors, and details enhance the architecture in a
well-composed, understated manner.
Section 5: The City of Saratoga Planning Commission hereby approves PDR18-0027,
ADU18-0017 and ARB18-0038 located at 14595 Horseshoe Drive (APN 973-20-050), subject to
the Findings, and Conditions of Approval attached hereto as Exhibit 1.
PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 10th day of
July 2019 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Sunil Ahuja
Chair, Planning Commission
26
14595 Horseshoe Drive
Application #PDR18-0027/ARB18-0038/ADU18-0017
Resolution #19-017
Page | 3
Exhibit 1
CONDITIONS OF APPROVAL
PDR18-0027, ADU18-0017, AND ARB18-0038
14595 HORSESHOE DRIVE (APN 397-20-050)
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. 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.
27
14595 Horseshoe Drive
Application #PDR18-0027/ARB18-0038/ADU18-0017
Resolution #19-017
Page | 4
COMMUNITY DEVELOPMENT DEPARTMENT
5. The owner shall restrict the rental of the accessory dwelling unit to only households that qualify
as low, very-low, or extremely-low income households as those terms are defined in the most
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 section 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 accessory dwelling unit make any payment in consideration of said
occupancy. The Deed Restriction document shall be notarized and recorded with the County of
Santa Clara Clerks Office, prior to issuance of building permit.
6. The owner/applicant shall comply with all City requirements regarding drainage, including but
not limited to complying with the city approved Stormwater management plan. The project shall
retain and/or detain any increase in design flow from the site, that is created by the proposed
construction and grading project, such that adjacent down slope properties will not be negatively
impacted by any increase in flow. Design must follow the current Santa Clara County Drainage
Manual method criteria, as required by the building department. Retention/detention element
design must follow the Drainage Manual guidelines, as required by the building department.
7. The development shall be located and constructed to include those features, and only those
features, as shown on the Approved Plans date stamped May 20, 2019. All proposed changes to
the approved plans must be submitted in writing with plans showing the changes, including a
clouded set of plans highlighting the changes. Such changes shall be subject to approval in
accordance with City Code.
8. Prior to issuance of Building Permits, the applicant shall submit for staff approval, a Lighting
Plan for the home’s exterior and landscaped areas. Proposed exterior lighting shall be limited to
full-cut off & shielded fixtures with downward directed illumination so as not to shine on
adjacent properties or public right-of-way. All proposed exterior lighting shall be designed to
limit illumination to the site and avoid creating glare impacts to surrounding properties.
9. In order to comply with standards that minimize impacts to the neighborhood during site
preparation and construction, the applicant shall comply with City Code Sections 7-30.060 and
16-75.050, with respect to noise, construction hours, maintenance of the construction site and
other requirements stated in these sections.
10. Prior to issuance of Building Permits, the applicant shall prepare for review and approval by
City staff a Construction Management Plan for the project which includes but is not limited to
the following:
a. Proposed construction worker parking area.
b. Proposed construction hours that are consistent with City Code.
c. Proposed construction/delivery vehicle staging or parking areas.
d. Proposed traffic control plan with traffic control measures, any street closure, hours for
delivery/earth moving or hauling, etc. To the extent possible, any deliveries, earth
moving or hauling activities will be scheduled to avoid peak commute hours. 28
14595 Horseshoe Drive
Application #PDR18-0027/ARB18-0038/ADU18-0017
Resolution #19-017
Page | 5
e. Proposed construction material staging/storage areas.
f. Location of project construction sign outlining permitted construction work hours, name
of project contractor and the contact information for both homeowner and contractor.
11. All fences, walls and hedges shall conform to height requirements provided in City Code
Section 15-29.
12. The final landscaping and irrigation plan submitted for Building Permit approval shall
demonstrate how the project complies with the State Water Efficient Landscape Ordinance and
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.
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. 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. A locking mailbox approved for use by the U.S. Postal service shall be installed and in
compliance with Saratoga Municipal Code section 6-25.030. The mailbox shall be installed
prior to final inspection.
15. 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.
FIRE DEPARTMENT
16. The owner/applicant shall comply with all Fire Department requirements.
ARBORIST
17. All requirements in the City Arborist report dated April 17, 2019 are hereby adopted as
conditions of approval and shall be implemented as part of the approved plans.
29
14595 Horseshoe Drive
Application #PDR18-0027/ARB18-0038/ADU18-0017
Resolution #19-017
Page | 6
PUBLIC WORKS
18. Applicant / Owner shall obtain an encroachment permit for any and all improvements in any
City right-of-way or City easement including all new utilities prior to commencement of the
work to implement this Design Review.
19. Per Design Review PDR18-0027, no improvements in the public right-of-way are required.
20. Damages to driveway approach, curb and gutter, public streets, or other public improvements
during construction shall be repaired prior to final inspection.
21. All new/upgraded utilities shall be installed underground.
22. Applicant / Owner shall maintain the streets, sidewalks and other right of way as well as
adjacent properties, both public and private, in a clean, safe and usable condition. All spills of
soil, rock or construction debris shall be removed immediately.
23. All project that create and/or replace more than 2,500 and less than 10,000 square feet of
impervious surface square feet of impervious surface shall install one or more of the following
site design measures:
a. Direct roof runoff into cisterns or rain barrels for reuse.
b. Direct roof runoff onto vegetated areas.
c. Direct runoff from sidewalks, walkways, and/or patios onto vegetated areas.
d. Direct runoff from driveways and/or uncovered parking lots onto vegetated areas.
e. Construct sidewalks, walkways, and/or patios with permeable surfaces.
f. Construct bike lanes, driveways, and/or uncovered parking lots with permeable surfaces.
24. The Owner/Applicant shall incorporate adequate source control measures to limit pollutant
generation, discharge, and runoff (e.g. landscaping that minimizes irrigation and runoff,
promotes surface infiltration where possible, minimizes the use of pesticides and fertilizers, and
incorporates appropriate sustainable landscaping practices and programs, such as Bay-Friendly
Landscaping).
25. Construction Site Control
a. Owner shall implement construction site inspection and control to prevent construction
site discharges of pollutants into the storm drains per approved Erosion Control Plan.
b. The City requires the construction sites to maintain year-round effective erosion control,
run-on and run-off control, sediment control, good site management, and non-storm
water management through all phases of construction (including, but not limited to, site
grading, building, and finishing of lots) until the site is fully stabilized by landscaping or
30
14595 Horseshoe Drive
Application #PDR18-0027/ARB18-0038/ADU18-0017
Resolution #19-017
Page | 7
the installation of permanent erosion control measures.
c. City will conduct inspections to determine compliance and determine the effectiveness
of the BMPs in preventing the discharge of construction pollutants into the storm drain.
Owner shall be required to timely correct all actual and potential discharges observed.
26. Prior to the Building final, all Public works conditions shall be completed per approved plans.
BUILDING DEPARTMENT SUBMITTAL
27. 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. Arborist Report dated April 17, 2019 printed onto a separate plan page; and
c. All additional drawings, plans, maps, reports, notes, and/or materials required by the
Building Division.
d. This signed and dated Resolution printed onto separate construction plan pages.
e. The site plan shall contain a note with the following language: “Prior to foundation
inspection by the City, the Licensed Land Surveyor of record shall provide a written
certification that all building setbacks comply with the Approved Plans,” which note
shall represent a condition which must be satisfied to remain in compliance with this
Design Review Approval.
31
Community Development D epartment
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
ARBORIST REPORT
Application No. ARB18-0038
Prepared by Kate Bear, City Arborist Site: 14595 Horseshoe Drive
Phone: (408) 868-1276 Owner: Niloofar and Amir Zarkesh
Email: kbear@saratoga.ca.us APN: 397-20-050
Email: doctor@perio40.com
Report: Approval of Tree Protection Plan Date: April 17, 2019
PROJECT SCOPE:
The applicant has submitted plans to demolish the existing one story house and build a new two
story house with attached two car garage, carport and included second unit.
Two trees (402 and 412) protected by Saratoga City Code are requested for removal to construct the
project.
STATUS: Approved by City Arborist, with attached conditions.
PROJECT DATA IN BRIEF:
Tree security deposit – Required - $7,150
Tree protection – Required – See Conditions of Approval and attached map.
Tree removals – Trees 402 and 412 are approved for removal once building
permits have been issued.
Replacement trees – Required = $2,330
ATTACHMENTS:
1 – Findings and Tree Information
2 – Tree Removal Criteria
3 – Conditions of Approval
4 – Map Showing Tree Protection
Page 1 of 10
ATTACHMENT 2
32
14595 Horseshoe Drive Attachment 1
FINDINGS:
Tree Removals
According to Section 15-50.080 of the City Code, whenever a tree is requested for removal
as part of a project, certain findings must be made and specific tree removal criteria met.
Two trees (402 and 412) are requested for removal as part of the project. 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.
Table 1: Summary of Tree Removal Criteria that are met
Tree No. Species Criteria met Comments
402 Raywood ash 1, 4, 7, 9 In conflict with driveway
412 Purple leaf plum 1, 4, 5, 7, 9 In conflict with new house
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
Section 15-50.140 of the City Code requires a Tree Preservation Plan for this project. To
satisfy this requirement the following shall be copied onto a plan sheet and included in the
final sets of plans:
1) The recommendations and Appendices A, B and D, from the submitted arborist
report dated October 8, 2018;
2) The Project Data in Brief, the Conditions of Approval, and the map showing tree
protection from this report dated April 18, 2019.
TREE INFORMATION:
Arborist Report reviewed:
Preparer: Richard Gessner, Monarch Consulting Arborists, LLC
Date of Report: October 8, 2018
An arborist report was submitted for this project that inventoried 25 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. A table summarizing information about each tree is below.
Two trees (402 and 412) protected by Saratoga City Code is requested for removal to
construct this project.
Page 2 of 10
33
14595 Horseshoe Drive Attachment 1
TREE INFORMATION:
Table 2: Tree information from October 8, 2018 arborist report.
Page 3 of 10
34
14595 Horseshoe Drive Attachment 1
Table 2 continued: Tree information from October 8, 2018 arborist report.
Page 4 of 10
35
14595 Horseshoe Drive Attachment 1
Table 3: Appraised values from October 8, 2018 arborist report.
Page 5 of 10
36
14595 Horseshoe Drive Attachment 1
Table 3 continued: Appraised values from October 8, 2018 arborist report.
Page 6 of 10
37
14595 Horseshoe Drive 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.
Page 7 of 10
38
14595 Horseshoe Drive Attachment 3
CONDITIONS OF APPROVAL
1. Owner, Architect, Contractor: 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. Permit:
a. 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.
b. 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.
3. Final Plan Sets:
a. Shall include the recommendations and tree information from the arborist report by
Richard Gessner dated October 8, 218 copied onto a plan sheet.
b. Shall include the Project Data in Brief, the Conditions of Approval, and the map showing
tree protection sections of the City Arborist report dated April 17, 2019.
4. Tree Protection Security Deposit:
a. Is required per City Ordinance 15-50.080.
b. Shall be $7,150 for tree(s) 401, 403, 405, 406, 407, 408, 409, 413, 429, 430 and 434.
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.
5. Tree Protection Fencing:
a. Shall be installed as shown on the attached map.
b. Shall be shown on the Site Plan.
c. Shall be established prior to the arrival of construction equipment or materials on site.
d. 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.
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.
6. Construction: All construction activities shall be conducted outside tree protection fencing
unless permitted as conditioned below. These activities include, but are not necessarily
limited to, the following: demolition, grading, trenching for utility installation, equipment
cleaning, stockpiling and dumping materials (including soil fill), and equipment/vehicle
operation and parking.
Page 8 of 10
39
14595 Horseshoe Drive Attachment 3
7. Work inside fenced areas:
a. Requires field meeting with City Arborist before performing work.
b. Requires City Arborist approval prior to performing work.
c. Requires Project Arborist on site to monitor work.
8. Project Arborist:
a. Shall be Richard Gessner unless otherwise approved by the City Arborist.
b. Shall visit the site every three weeks during grading, trenching or digging activities and
every six weeks thereafter.
c. Shall provide a letter to the Applicant for the City at the end of the project. The letter
shall document the work performed around trees, include photos of the work in progress,
and provide information on the condition of the trees following construction.
d. Be on site to monitor all work within 10 feet of tree 403, 405, 406 and 407.
e. Shall supervise any permitted pruning or root pruning of trees on site. 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.
9. Tree removal: Trees 402 and 412 meet the criteria for removal and may be removed once
building division permits have been obtained.
10. New trees:
a. New trees equal to $2,330 shall be planted as part of the project before final inspection and
occupancy of the new home. New trees may be of any species.
b. Trees 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.
c. Replacement values for new trees are listed below.
15 gallon = $350 24 inch box = $500 36 inch box = $1,500
48 inch box = $5,000 60 inch box = 7,000 72 inch box = $15,000
d. Replacement trees may be planted anywhere on the property as long as they do not encroach
on retained trees.
11. Damage to protected trees that will be retained:
Should any protected tree be damaged beyond repair, new trees shall be required to replace
the tree. If there is insufficient room to plant the necessary number of new trees, some of the
value for trees may be paid into the City’s Tree Fund. Replacement values for new trees are
listed above.
12. Final inspection:
a. 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.
b. Before scheduling a final inspection from the City Arborist, have the project arborist do
an inspection, prepare a letter with their findings and provide that letter to the City for the
project file.
Page 9 of 10
40
14595 Horseshoe Drive
Legend
Tree Protection Fencing
Attachment 4
Page 10 of 10
41
ATTACHMENT 3
42
43
44
45
46
47
48
STORY POLE HEIGHT LOCATION CERTIFICATION
May 13, 2019
Property Owner/Developer/Designer: Mrs. Niloofar Zarkesh & Mr. Amir Masoud Zarkesh
Project Address: 14595 Horseshoe Drive, Saratoga, CA 95070
Legal Description: Lot 23, Tract 247 Saratoga Acres
APN: 397-20-050
To whom it may concern:
I hereby certify that the Story Poles located on the referenced site were constructed
under my supervision and survey, and the Story Poles are in conformance with the
design, height and location as shown on the approved staking plan and/or architectural
plan. I further certify that 1) The Story Pole identification numbers, 2) Story Pole location
base grade elevations, 3) Story Pole heights and 4) the proposed maximum height
elevations are true and correct. I acknowledge and understand that the required staking
is for the purpose of informing the owner, architect, designer, City/County staff, design
review authority, and the public as to the accurate location and exterior dimensions of
the proposed structure or addition.
TERWILLIGER
Land Survey Engineers
Ph: 415.937.2203
ATTACHMENT 4
49
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