HomeMy WebLinkAbout2020-11-18 FINAL public written communication
CITY OF SARATOGA
Memorandum
To: Mayor Miller & Members of the Saratoga City Council
From: Debbie Bretschneider, City Clerk
Date: November 18, 2020
Subject: Agenda Item: 2.1. APCC20-0002 - Appeal of a
Conditional Use Permit and Design Review Application for a Residential
Care Facility for the Elderly (RCFE) on Saratoga Creek Drive (APNs 389-
06-020 & 389-06-021) (Written Communications)
These Written Communications from the public were received after the November
18, 2020 Council agenda was published.
From:
Debbie Bretschneider
Subject:Letter in Support of Palms Villas
Date:Friday, November 13, 2020 5:49:02 PM
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To Mayor Howard Miller and the Saratoga City Council:
I am writing in support of the proposed Palm Villas Memory Care Facility. I want to make the point that I
am in no way affiliated with the project. I am merely a concerned citizen who sees the need for a facility
such as this in our community. Saratoga is already an older community compared to many of our
neighboring cities and since people are able to live longer lives now, they often have health challenges in
their later years such as Alzheimers Disease and other memory issues. I feel that having a nearby facility
that can care for patients needing extra attention would be a great thing.
I also think the location is a good one, already tucked in near other health care facilities and with an
access road already aimed right at it. I have a hard time seeing how it could be a nuisance in terms of
cars or noise since the residents can't drive and it is surrounded on three sides by commercial or open
space and on the fourth by a wooded creek. I was not happy to have a “Save Saratoga Creek” sign left on
my doorstep without my consent - I have no concern with the placement of the facility.
I hope that the Council is able to see the merits of a facility in this location and approve the project.
Kevin Chance
Palmtag Drive, Brookview
From:
To:Debbie Bretschneider
Subject:Letter in Support of Palms Villas
Date:Friday, November 13, 2020 5:31:08 PM
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To Mayor Howard Miller and the Saratoga City Council:
I am writing in support of the proposed Palm Villas Memory Care Facility. I want to make the point that I
am in no way affiliated with the project. I am merely a concerned citizen who sees the need for a facility
such as this in our community. Saratoga is already an older community compared to many of our
neighboring cities and since people are able to live longer lives now, they often have health challenges in
their later years such as Alzheimers Disease and other memory issues. Having seen what one of my
neighbors went through caring for her husband and the distance she had to drive to visit him, I feel that
having a nearby facility that can care for patients needing extra attention would be a great thing.
I also think the location is a good one, already tucked in near other health care facilities and with an
access road already aimed right at it. I have a hard time seeing how it could be a nuisance in terms of
cars or noise since the residents can't drive and it is surrounded on three sides by commercial or open
space and on the fourth by a wooded creek.
I hope that the Council is able to see the merits of a facility in this location and approve the project.
Kevin Marques
Brookview
From:
Subject:Letter of Support _ Palm Villas Saratoga Memory Care
Date:Thursday, November 12, 2020 8:39:05 AM
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Dear Mr.Miller and City Council Members
This is Merwyn Andrade and Gaytri Moorthy from Saratoga, CA 95070.
We are residents of Saratoga since 2010 and would like to add our voices of support to the
Palm Villas Project.
From our review of the EIR/details on this project and from our understanding of the
demographics of our city it is clear that such a facility will be greatly beneficial for the
memory care of the elderly patients close to their families. My (Merv's) own father suffered
from dementia in the final stages of his life and while we had the luxury of full time home care
back in India, We understand that the shortage of memory care facilities to provide better
professional care is a pressing need when professional home care is not an option. To have
such a facility within the city of Saratoga would be a great asset. We've also looked at the
objections posed by the SaveSaratogaCreek efforts and they clearly have a vested interest in
maligning this project and masquareading objections to it as environmentally unfriendly.
Time permitting, we also intend to dial into the Planning Commision meeting on November
18th and speak in favor of this project. Please add our email of support for this project to the
record.
Regards
Merwyn (Merv) Andrade/Gayatri Moorthy
From:
Cc:Debbie Bretschneider
Subject:Nov.18 City Council Meeting - Appeal of a CUP snd Design Review Application for RCFE
Date:Monday, November 16, 2020 5:05:23 PM
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Dear Mayor and Council Members,
I am writing to support the Palm Villa Application and hope the Council can deny the appeal.
It is beyond question that there is a shortage of caring facilities for Alzheimer and dementia
patients to meet the growing needs. Having a facility in our proximity serves the needs of our
community, both for patients and care-givers.
Re. traffic concern, kindly note this is NOT a retirement facility, and will experience lesser
traffic in/out of the facility compared to that of a retirement community.
Re. trail concern, the steep topography the dense vegetation along this part of the creek
makes construction of a trail challenging in the first place, and is not in the City’s Park and Trail
plan.
The design has been refined multiple times and meet the design review findings.
I therefore hope that the Council can deny the appeal, and allow the project to move forward.
Regards,
Emily Lo
From:
Debbie Bretschneider
Subject:Palm Villas memory care facility
Date:Friday, November 13, 2020 11:01:05 PM
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Dear Mayor Miller and City Council Members:
I am writing to express my support for the proposed Palm Villas project.
Saratoga Creek is a beautiful location to put a facility for Alzheimer facility. Having too much
personal experience with Alzheimer’s and these facilities, I believe it is important for the residents to
have families and friends close by to help ease the confusion often caused by this disease. These
facilities are very necessary, especially when the symptoms progress beyond the physical and
emotional resources of those who have heroically cared for the dementia victims up to that point.
I believe this project will have minimal to no adverse impact on Saratoga. I have seen fliers
complaining about noise, debilitating traffic, impingement upon the trail along the creek and
damage to wildlife habitat. I don’t believe any of the “justifications” are based on fact. In my
experience, these facilities are quiet locations as required by their occupants. Alzheimer patients do
not drive, so only staff and visitor parking and traffic would be a potential concern and the plans
indicate there will be 47 parking spaces, which seem likely to be more than sufficient for 78
residents. I believe there is far more traffic on Cox Avenue already and is it rarely a traffic issue. I
also am an avid trail user, yet I am unware of an existing trail in this location and have not seen any
trailheads along Cox Avenue. I agree that wildlife habitat and corridors are important, but I don’t
believe this facility will have a major adverse impact beyond those imposed by current commercial
and residential structures. In short, I believe the arguments opposing this project are specious.
I am not affiliated with this facility or it owners in any way and I have not been paid for this letter. It
is motivated only by my concern for the victims and their families and my belief that we all need to
contribute to the care and treatment of this disease and its devastating effects. Saratoga has many
older residents who may become afflicted in the future and we happen to have a location that is
nearby and safe. I think it is our duty to contribute to a solution rather than hide our heads in the
sand and hope someone else will.
I urge you to approve this project for the benefit of its future residents and their families. It would
be good to know that Saratoga is doing its part to fight this terrible disease.
Thank you for your time and consideration,
Sincerely,
Lonn Fiance
Saratoga, CA
ELBERT T. CHENG, M.D.
Board Cert1f1ed Facio/ Plastic Surgeon ,,�t ·./·-�JACQUELINE T. CHENG, M.D.
Boord Certified Fociol Plastic Surgeon . . . .. Nqvember 11, 2020
•Mayor Howard Miller
City Council Members, City of Saratoga
Community Development Dept.
13777 Fruitvale Ave
Saratoga, CA 95070
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RE: Proposed Palm Villas Memory Care Saratoga Project on Saratoga Creek Dr.
Dear Mayor Miller and Members of the City Council:
Please find this letter as my support for the proposed Palm Villas Memory Care Saratoga project. My office and
practice are located at 12945 Saratoga Ave, Saratoga, CA. 95070, and is in direct proximity of the proposed
project. I have owned this building for over 16 years and have worked here ever since.
My building at one time was covered by CC&Rs which were subsequently abandoned by the property owners
effected in the immediate area. The assertation by the original developer, Mr. Abrams, that this area should still
conform to these CC&Rs, which as written beforehand might be illegal today, is in my opinion, a moot point. It
seems to me that several buildings here are of different architectural character, old property signage still dot this
area, and so I am not sure what the pushback would be anyway.
The proposed site is an excellent location for Palm Villas Saratoga. This location would dove-tail perfectly with all
the surrounding buildings/business while adding to the diversity of services in this immediate area and to
the city and citizens of Saratoga. Parking would not be an issue because Dementia residents do not drive, and the
project proposes significantly more parking spaces than the City requires or will ever be used.
After reviewing all the plans, I think the architecture, landscaping and overall esthetics of the proposed Palm Villas
buildings is gorgeous. The architect really did a nice job as the proposed Palm Villas project fits in wonderfully with
the surrounding buildings, offices and scenescape. There are several offices/buildings that are dated on the
exterior, most notably the ones on Village Drive with old wooded and visually illegible signage still in place and on
Cox Ave. The proposed Palm Villas Saratoga buildings would bring needed and welcomed modernization to
augment some of these older buildings while maintaining appropriate setbacks and generous distances. Noise, in
my opinion, is also of no concern. These types of facilities are quiet in nature and low impact. Plus, there is so much
noise from cars, trucks, motorcycles, Ambulances and Fire Trucks that drive along Cox Ave and Saratoga Ave that
from a noise perspective, nobody would know that Palm Villas even exists.
Alzheimer's/Dementia care and support is a very much-needed service. The number of seniors afflicted with this
disease is significant and the future growth of our seniors afflicted with this disease is exponential. To reiterate, I
believe Palm Villas Saratoga is a much-needed addition to this area and fits perfectly in its proposed location.
Moreover, it adds a much-needed service to the seniors of Saratoga by allowing them to age in place and continue
their lives in the same city they have called home -Saratoga, California.
I respectfully request that the City Council deny the appeal and uphold the Planning Commission's unanimous
decision to approve Palm Villas Memory Care Saratoga.
Sincerely yours,
Dr. Elbert Cheng
12945 SARATOGA AVENUE • SARATOGA, CA 95070 • 408.255.FACE (3223) • FAX 408.255.3957
· www.cffbr.com
From:
To:Debbie Bretschneider
Subject:Palm Villas
Date:Monday, November 16, 2020 10:26:41 AM
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To honorable Mayor Howard Miller:
I would like to support the Palm Villas project proposed by Mike and Gary Snepper. This type
of facility is needed in Saratoga for our aging population. It is a very good location for this
type of project. I have been a resident of the city for over 40 years and value our environment.
It will benefit our city and preserve Saratoga Creek is its natural condition.
Regards,
Jitka Cymbal
Saratoga, CA 95070
From:
To:Debbie Bretschneider
Subject:Revisiting the right decision for Palm Villas Memory Care facility in Saratoga.
Date:Monday, November 16, 2020 12:32:55 PM
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November 15, 2020.
TO: Mayor Miller and
All City of Saratoga CouncilMembers
Hello Debbie,
Please forward my email to Mayor Miller and all members of the City
Council.
Thank you!
Dear Mayor Miller, Vice-Mayor Bernald,
CouncilMember Kumar, and
CouncilMember Zhao,
We want you to know that we are strongly in favor of the proposed Palm
Villas Memory Care Facility. We have called Saratoga our home for
over 27 years. We live within walking distance to Palm Villas and
believe that it will be a great asset to our neighborhood and residents
with memory problems. We are truly saddened that the September
unanimous approval by the Planning Commission, could so easily be
overturned by one adjacent owner! We absolutely feel that the proposed
Palm Villas Facility would be a great benefit to the City of Saratoga.
Lots of Baby Boomers are aging into this Memory Care bracket and I
believe it is simply not the right thing to have to ship them all over the
County. The demand for this care is certainly outpacing the availability
and this is a needed addition to Saratoga. I have a few family members
in need of this kind of facility. In our opinion it is not only the right
decision to build Palm Villas, but it is also the humane decision.
We will be attending the Zoom Meeting on Wednesday and I hope you
will come to the right decision. Please do what’s best for the people!
Please feel free to call us with any questions,
Sincerely,
Karla and Eric Earnst
Karla Earnst
Eric Earnst
From:
Debbie Bretschneider
Subject:Strong Support for the Palm Villas Memory Care Project in Saratoga
Date:Monday, November 16, 2020 4:43:39 PM
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Mayor Howard Miller & The Saratoga City Council,
I want to voice my strong support for the Palm Villas Memory Care Project in Saratoga. We
really need a facility like this for our aging Saratoga population. There are very few
Alzheimer's Facilities in the area and Mike and Garry have a proven track record with their
existing 2 facilities and the way they treat their patients like family. The location here in
Saratoga is only a stone's throw from my neighborhood and should cause minimal disruption
to life in Saratoga. It has already been shown that a Stevens Creek Trail idea is impossible
. The location for Palm Villas development is in a quiet, serene area, with overwhelming
community support, as seen from the many attendees voicing our support on the Planning
Commission call and from reading neighbors' input on NextDoor. The Sneper brothers have
been very generous members of our Saratoga Community for the 4 years I’ve known them
personally. This will be a beautiful, state of the art, facility. Please, please, please make this
happen for Saratoga! I am in full support.
Best Regards,
Marsi Nomura
Saratoga, CA
From:
To:Debbie Bretschneider
Subject:Support for the Palm Villas
Date:Saturday, November 14, 2020 5:49:25 AM
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Dear Mayor Howard Miller and Members of the City Council:
I am writing to express my strong support regarding the proposed Palm Villa project. As a
person who has a parent suffering from dementia, I can attest to how difficult it is to find good
care that fits this demographic group. From everything I have read, the other facility run by the
same people offers kind, nurturing and specialized care. I would be thrilled to be able to have
my mother in Saratoga so that I could visit her on a daily basis. How we treat this most
vulnerable population is a reflection on our own humanity. This continued opposition, and the
previous SaveSaratogaCreek.com campaign reeks of NIMBYism.
Thank you for your time.
Sincerely,
Pam Frankola
, Saratoga CA 95070
From:
To:Debbie Bretschneider
Subject:We support Palm Villas
Date:Monday, November 16, 2020 5:32:44 PM
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We have lived here in Saratoga since 1976. We have reviewed the arguments against the plans
for Palm villas and find them nonsense-especially keeping a path for a proposed trail to
nowhere. We think a Memory Care facility is ideal in that location. We are writing to the city
council, including Mayor Howard Miller, to affirm our complete support for this worthwhile
project as-is, as did the Planning commision in September..
Jean and Reg Ricket
Saratoga, Ca 95070
From:noreply@civicplus.com
To:Howard Miller; Mary-Lynne Bernald; Yan Zhao; Rishi Kumar; James Lindsay; Debbie Bretschneider; Crystal Bothelio
Subject:Online Form Submittal: Council Comments Form
Date:Sunday, November 15, 2020 6:21:17 PM
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or clicking links, especially from unknown senders.
Council Comments Form
Your Name Cheriel Jensen
Phone Number
Email Address
Subject RE: Appeal of Palm Villas, Meeting of November 18, 2020 Item
2.1. APCC20-0002 - Appeal of a Conditional Use Permit and
Design Review Application for a Residential Care Facility for the
Elderly (RCFE) on Saratoga Creek Drive (APNs 389- 06-020 &
389-06-021) (CONTINUED FROM 11/4/20)
Comments Cheriel Jensen
13737 Quito RD, Saratoga 95070
cherieljensen@mac.com 408 930-0463 c
November 15, 2020
Saratoga Mayor and City Council Members
City of Saratoga, CA 95070
Dear Mayor and Council Members,
RE: Appeal of Palm Villas, Meeting of November 18, 2020
Item 2.1. APCC20-0002 - Appeal of a Conditional Use Permit
and Design Review Application for a Residential Care Facility for
the Elderly (RCFE) on Saratoga Creek Drive (APNs 389- 06-020
& 389-06-021) (CONTINUED FROM 11/4/20)
This development is too big for the sites. These owners have two
other facilities where each houses around 48 patients. We have
been told by staff that this proposal meets the Code
requirements. It does not. According to his letter applicant has
relied on staff to interpret the Code. I have set forth below
several ways this facility, as designed, does not meet the
requirements of the Zoning Code and other sections of the
Municipal Code. There is no excuse for not reducing the size. If
the size of these other facilities apparently works, why not here.
Where I have referred to the Code, I have copied and pasted
sections directly from the Code (which unfortunately often comes
with underlining and side-lining):
The basement height (depth) violates our Zoning Code:
“15-80.035 - Requirements for basements and lightwells.
A basement shall be a one level structure with a maximum floor
to ceiling height of twelve feet. “
This requirement is ignored here next to a rubble-built, unstable
creek bank as designated on the geologic maps: , where the
lowest level of underground parking lift structure proposed is 16
feet 4 1/2 (floor to ceiling, with at least an 18 foot cut when
accounting for a gravel underlayment, a sand layer and the
concrete parking basement floor thickness).
The EIR failed to deal adequately with this issue of stability of the
deep cuts near the creek.
Not only does the excessive depth violate our code in a critical,
potentially highly unstable place next to a major creek, the lift
itself violates our parking requirements where one required
parking space is not allowed to obstruct another car’s parking
space. That is the very way the lift operates. And there is no
provision in our Code for a parking lift.
“16-17.110 - Setbacks.
Cuts shall not be made nearer to the site boundary line than one-
fifth of the vertical height of cut with a maximum of ten feet”
But here the basement cut, with the car lift, is over 18 feet for the
parking. (Additional for the elevator shaft and drainage facility).
The site boundary should be the creek setback area because the
whole creek and setback area should become dedicated as our
Code requires.
“15-18.080 - Front, side, and rear setback areas.
One foot shall be added to the minimum rear setback area for
each two feet of height by which a structure exceeds fourteen
feet in height.”
This means an additional 8’ must be added to the rear setback of
building 1 because of the excess height, and 6 feet of additional
setback must be added to building 2 rear setback due to
excessive height. These additional setback requirements were
apparently ignored.
“15-45.080 - Design review findings.
The Planning Commission shall not grant design review approval
unless it is able to make the following findings. These findings
are in addition to and not a substitute for compliance with all
other Zoning Regulations (which constitute the minimum
requirements, as provided in City Code Section 15-05.050).”
“(a) Site development follows the natural contours of the site,
minimizes grading, and is appropriate given the property's
natural constraints.”
The creek with its one percent flood plain, and its’ bank of
undescribed rubble, loose construction, and hazardous
geotechnical designations, is a natural constraint to a basement,
especially an exessively deep basement as here.
“(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. “
Here the most significant tree on the site itself is on the access
road edge. The owner at the end of the road will have to cut it
down to use the road, but will not have the right to cut it down, or
relocate it as most of the trunk it is not on their property. No
provision is made in this approval for relocation of this huge Oak
so the road is unusable by the owners of the next properties,
which will need the road, and to which they have legal right of
access. This is an unsolved conundrum and must be resolved
before approval. Either the road must be relocated, the tree
relocated or permission to remove and removal of the tree must
be granted. But the owner of the follow-on properties does not
even have the right to request a tree removal, not owning the
tree. One way or another, access to the follow-on lots cannot be
denied.
Front setbacks are supposed to be mostly planted in keeping
with the design of the Professional Center, of which this is a part.
The landscape design is supposed to minimize hardscape in the
front setback area and contain elements that are complementary
to the neighborhood streetscape. This design provides almost no
landscaping in front areas with mostly driveway cuts, turn
arounds hardscape, parking in setbacks, and a loading dock in
what should be, by our Code landscaped areas.
Dedication of Creek Required:
We are told by staff that it is too late at this stage for a Trail or
Creek dedication. According to many sections of the Zoning and
Municipal Code dedication of the Creek and bank setback shall
be required. It is not too late:
“14-25.060 - Watercourses.
In the event the subdivision or any lot or parcel thereof or the
building site is traversed or bordered by any watercourse, or any
official plan line of a watercourse as established by the Santa
Clara Valley Water District, and over which said water district has
jurisdiction, then the subdivider or owner may be required to
dedicate an easement of reasonable width to said water district
for flood control and erosion control purposes. Where the
subdivision or any lot or parcel thereof or the building site is or
will be traversed or bordered by any local drainage facility, or
other watercourse not under the jurisdiction of said water district
but under the jurisdiction of the City, the subdivider or owner
shall offer to dedicate a fee simple interest or easement of
reasonable width in said drainage facility and over the property in
which it lies, said dedication to be to the City.” (Emphasis added.)
The Code adds:
“14-25.065 - Creek protection easement.
(a) Purpose, application. In order to provide for the future
protection of creeks, including creek banks and riparian habitat, a
creek protection easement shall be required for any subdivision,
lot, or parcel thereof which contains or abuts a protected creek
as defined below.
(b) Protected creek defined. A protected creek is a creek
identified in the most recently available Maps of Flood Control
Facilities and Limits of one percent Flooding, prepared by the
Santa Clara Valley Water District, as may be amended from time
to time.” (Emphasis added.)
Thus, contrary to staff assertions, it is not too late to require a
significant easement, including enough width for a Creek Trail as
on the General Plan Map.
The following additional creek dedication requirements are also
shalls.
“15-45.045 - Creek protection setbacks.
(a) Purpose, application. Where a protected creek passes
through or along a building site or is otherwise located on the
site, and in order to provide for the future protection of creeks,
including creek banks and riparian habitat, building setbacks for
any new construction shall be measured from the top of the
creek bank(s) on the site rather than from the property lines of
the site. The required setback shall be the minimum setback
prescribed for the applicable zoning district.” (Emphasis added.)
(d) Location of top of creek bank. The site plans for the proposed
new construction shall show the location of the top of the
protected creek bank. "Creek bank" means the sides of a
watercourse, the top of which shall be the topographic line
roughly parallel to stream centerline where the side slopes
intersect the plane of ground traversed by the watercourse.
Where creek banks do not distinguishably end, the City or Santa
Clara Valley Water District shall determine the top of such banks.
(Emphasis added.)
Did this happen with the cooperation of the Water District? If not
why not?
14-25.065 - Creek protection easement.
(c) Location. The location of the easement shall be based on a
biotic assessment identifying the protected creek, its banks, and
riparian habitat. The biotic assessment shall be prepared by a
qualified professional and shall be recorded with the final or
parcel map. (Emphasis added.)
No dedication was apparently requested for the creek by the
Water District. The planners said it only applied to subdivisions.
As this section of our Code shows, it applies to development at
any stage, not just subdivision. As this requirement appears in at
least 5 places as a shall dedicate we seriously mean it. Further
the allowable floor area must be figured based on the buildable
portion of the lot. Required multiple setbacks and dedications, as
the Code specifies, have been ignored in the plan. When
recognized, the applicant is not entitled to anywhere near the
massive sizes proposed.
Did the city pay for the EIR?
Variances have not been applied for or granted for the
exceptions to the Zoning and Municipal Code I have discussed in
my earlier letter, and those I here bring up.
“Article 14-35 - EXCEPTIONS TO DESIGN AND
IMPROVEMENT REQUIREMENTS
14-35.010 - Power to grant exceptions.
(a) The advisory agency shall have power to grant exceptions to
any of the design requirements set forth in Article 14-25 of this
Chapter; provided, however, that a variance must be granted
pursuant to Article 15-70 of the Zoning Ordinance for any
exception from the requirement contained in Subsection 14-
25.040(a) 14-25.010 concerning minimum standards for lot area,
frontage, width and depth. (c)
(c) The granting of an exception is not a matter of right and in no
event may such exception be granted unless the advisory
agency is able to make the findings prescribed in Section 14-
35.020. (Emphasis added.)
(Ord. No. 354, § 1(Exh. A), 12-20-2017)
“14-35.020 - Findings required.
The advisory agency may grant an exception under this Article if
it finds that:(a)
There are special circumstances or conditions affecting the
property, or the exception is necessary for the preservation and
enjoyment of substantial property rights of the applicant; and”
“(b) The granting of the exception will not be materially
detrimental to the public health, safety or welfare or injurious to
other property or uses in the vicinity of the applicant's land.”
(Emphasis added.)
In addition to 2 buildings out of scale with the remainder of the
Professional Center and neighborhood, other inconsistencies
herein and earlier described, busting of our Code requirements,
denial of our community chances of having a creek trail at this
location, and because of the tree in the road, wherein access will
be denied to the next neighbor/owner, these findings cannot be
made.
“The approval of a tentative map by the advisory agency shall
automatically constitute authorization to remove all trees within
all portions of street rights-of-way which are to be improved, and
to remove trees from the area as designated by the sub-divider
or owner to be covered by the envelope of the proposed
structure or structures to be erected on the lot or site, and the
area of the proposed driveway on the lot or site.”
“(i) Whenever any new street of a proposed subdivision or
building site (as distinguished from an existing street) will lie
along and adjacent to any boundary of the subdivision or site, it
shall be offered for dedication and improved to its full width as
provided for that type of street in Table I of this Chapter.”
The owner apparently does not intend to carry out his obligations
under this Code Section.
Insufficient parking:
By the Zoning Code, parking cannot require movement of
another car to access any required space, except in single family
residential and there is no provision in our Code for use of a lift
system. Thus, the project cannot meet the parking requirements.
Variances are required but not sought for all these Code
violations.
Ramps to/from the underground parking are too steep, have
blind exits to the sidewalk, and transitions of the ramp steepness
at the exit will damage the undercarriage of cars, meaning after
the first trip out, workers will not park there, and will spill over into
the existing spaces on adjoining properties, thus seriously
impacting the entire existing Professional Center.
“15-45.080 - Design review findings.
The Planning Commission shall not grant design review approval
unless it is able to make the following findings. These findings
are in addition to and not a substitute for compliance with all
other Zoning Regulations (which constitute the minimum
requirements, as provided in City Code Section 15-05.050).”
“The overall mass and the height of the structure, and its
architectural elements are in scale with the structure itself and
with the neighborhood.
(e) The landscape design minimizes hardscape in the front
setback area and contains elements that are complementary to
the neighborhood streetscape.” (Emphasis added.)
Building heights:
“(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.”
Anyone who has seen the story poles for the 30-foot-high and a
26- foot-high structures on the sites, knows these proposed
buildings are much higher and entirely out of scale with the
adjoining properties and with the wider neighborhood.
The city Zoning Code has maximum height of 20 feet. The 30-
foot height of Building 1, and 26-foot height of building 2 violate
the Zoning Code.
The EIR failed to acknowledge the Code violations and thus must
be rejected.
We must not bust our Zoning in multiple ways by approval of this
project. The owners are perfectly capable of designing a facility
that is in scale with their existing facilities, in scale with our
community, and in scale with the sites. These developers began
telling us they had to have almost 98 patients. Now they seem to
be OK with 78. But they are apparently OK with 48’s at their two
other sites. Either they need a smaller facility or a bigger site.
This divided facility does not fit the sites without violating our
Code in many ways including the ones documented above.
The tiny rooms with beds shoved into corners, no space for an
easy chair, four person bathrooms, no private outdoor access
and little group outside access are not nearly suitable living
quarters for our helpless loved ones.
If we fail to honor our own Code, do we have a leg to stand on in
the future with multiple projects lining up for approval?
For all the above reasons and those discussed in my earlier
letter, please approve this Appeal.
Yours truly,
Cheriel Jensen
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Dear Council Members Yan Zhao
I am writing this letter in strong support of the pending Palm Villas Saratoga
project. I have lived in Saratoga since 1970 and I understand the
sensitivities of the city. This project will in no way disrupt the desire to
maintain a small town feeling nor will it disrupt anybody’s current lifestyle.
What it will do, however, is provide Saratogans with an upscale, high tech
memory center designed for the needs of its clients. Our city has the
highest senior population in the county, with more that one third being over
65 and getting older. Because Saratoga is so beautiful, residents do not
move to smaller homes as they age. They want to age in place.
But sometime, they are unable to do so, and must move to a facility that is
better equipped to take care of their needs, such as what Palm Villas
Saratoga can so beautifully provide. It is bad enough that they find
themselves needing to move from their homes but they should not be
required to also move outside of Saratoga, where they can be better
supported by their friends, family and community.
Saratoga has always been an age friendly city. I know that you will do the
right thing and approve Palm Villas Saratoga application. They have done
everything that you and the planning department have asked. It is time
now to give them the final approve to start building. Saratoga is not getting
any younger.
Carol and Jerry Woodard
From:noreply@civicplus.com
To:Howard Miller; Mary-Lynne Bernald; Yan Zhao; Rishi Kumar; James Lindsay; Debbie Bretschneider; Crystal Bothelio
Subject:Online Form Submittal: Council Comments Form
Date:Tuesday, November 17, 2020 5:52:46 PM
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments
or clicking links, especially from unknown senders.
Council Comments Form
Your Name Janis A Carney
Phone Number
Email Address
Subject Palm Villas of Saratoga
Comments I am not sure of the best way to do this, but I just emailed a letter
to each of the city council members regarding support for the
Palm Villas of Saratoga project. However, in case I should have
sent it via this portal, here is the text:
November 17, 2020
Transmitted via email to: http://www.saratoga.ca.us
and to:
Mayor Howard Miller hmiller@saratoga.ca.us
Vice Mayor Mary-Lynne Bernald mlbernald@saratoga.ca.us
Council Member Rishi Kumar rkumar@saratoga.ca.us
Council Member Yan Zhao yzhao@saratoga.ca.us
City Council
City of Saratoga
13777 Fruitvale Avenue.
Saratoga, CA 95070
Re: Proposed Palm Villas Memory Care Saratoga Project –
Saratoga Creek Dr.
Dear Mayor Miller, Vice Mayor Bernald, Council Member Kumar
and Council Member Zhao;
I hope this letter finds you all well in these difficult times we are
living through today.
I am addressing you to advocate on behalf of Michael and Garry
Sneper regarding the memory care unit, Palm Villas, they
propose to build in Saratoga.
Let me begin by introducing myself. My name is Janis Carney, I
am the owner and founder of The Law Offices of Janis A. Carney
(also known as Carney Elder Law). My offices are located at
19100 Cox Ave. Suite A, in Saratoga, which is immediately
adjacent to the Saratoga project site for Palm Villas and
immediately adjacent to Saratoga Creek. My husband and I have
lived in the Los Gatos/Saratoga area for over 40 years and
raised our two children here. I have served the Los
Gatos/Saratoga community as an attorney specializing in Estate
Planning and Elder Law for over 30 years.
I am one of only thirty Certified Elder Law Attorneys (CELA) in
California, certified by the National Elder Law Foundation in
2006. Additionally, I am and have been for almost 25 years a
certified specialist in Estate Planning, Probate and Trust Law by
the California Board of Legal Specialization. As a specialist in the
Estate Planning and Elder Law fields, I am trained in and have
30 years of experience in serving the needs of seniors and their
families in this community on many facets of Estate Planning and
Elder Law, including but not limited to Trusts, Wills & Estates,
Alzheimer’s & Long-Term Care Planning, Asset Protection, Medi-
Cal planning, VA benefits planning, Trust & Estate
Administration, and Probate Administration. I sub-specialize in all
issues related to dementia and, in fact, am about to launch a
website devoted to being a resource and guide to those suffering
from or caring for someone with dementia in our area.
While I and my firm specialize in helping seniors and their
families, we also serve younger clients; in fact, we can help
persons of all ages and stages of life, from those who are just 18
to those approaching 118! I am a founding member and serve on
the board of the National Alliance of Attorneys for Alzheimer’s
Planning – a group of attorneys across the U.S. dedicated to
making an impact on issues related to long-term care planning
for families affected by Alzheimer’s. I work with geriatric care
managers, care coordinators and others dedicated to protecting
the rights of seniors in nursing homes and other care facilities. I
am also a Certified Dementia Practitioner and Trainer by the
National Council of Certified Dementia Practitioners.
Through my work, I have come to know Michael and Garry
Snepers and am familiar with the Palm Villas in Campbell they
also own. I know the reputation of the Snepers and their facilities
as an excellent provider of care for seniors with dementia. Over
my years serving seniors, I have visited many assisted living and
dementia facilities in the South Bay area, as well as on the
Peninsula and in the East Bay. I understand that one of the
concerns expressed about the proposed location for Palm Villas
of Saratoga is parking. Through all of my visits to similar facilities
throughout the area, I have observed firsthand the parking
issues, or rather the lack of parking issues related to these
facilities! Based on my personal knowledge, it is my opinion that
the parking provided under the Palm Villas plan is more than
adequate for the staff and visitors to the facility. In fact, I have
NO concern whatsoever about the impact (because I know there
will be no impact) on my business of the parking at or the
delivery of supplies to the Palm Villas of Saratoga site.
Furthermore, based on my personal knowledge of such facilities,
Palm Villas of Saratoga will have essentially no impact on traffic
in the area at all. I also believe that the other worries many have
expressed about having the facility located here are either totally
unwarranted or are extremely minor compared to the benefit to
the community from having Palm Villas locate here in Saratoga .
Facilities providing care for persons with dementia, such as Palm
Villas of Saratoga, are critically needed to serve the huge
number of seniors in our community, especially with the aging of
the baby boomers. Alzheimer’s is recognized as the 6th (and
some authorities say the 3rd) leading cause of death in
America. One in ten seniors will have Alzheimer’s or a related
dementia. I know firsthand, through my work over the past 30
years with seniors and their families, and as a certified dementia
practitioner, how extremely difficult it is to care for an aging
relative with dementia.
I found it necessary to tell you of my training, expertise and
experience in this field to highlight why I have such a strong
interest in and opinion about Palm Villas of Saratoga coming to
our community. The elderly population of Saratoga and the
surrounding communities is already underserved and there is an
ever growing need for care facilities of this type. Furthermore, the
caliber of the facility planned by Michael and Garry Snepers will
provide our Saratoga senior community with a dignified home for
them to age in right here where they have lived most of their
lives. I fervently believe that Palm Villas of Saratoga will be a
huge benefit to the lives of Saratoga’s aging population and their
families.
I know Michael and Garry and their passion for serving the
elderly community is sincere and so admirable. Furthermore,
their vision for Palm Villas of Saratoga will provide a desperately-
needed service to seniors and their families in our area. As a
business neighbor to the Palm Villas of Saratoga project, I look
forward to and will love to welcome them to our neighborhood. I
wholeheartedly support this proposed project.
As you can see, planning for quality Alzheimer’s and dementia
care is something I care deeply about and have incorporated into
my professional and private life. An absolutely key element of
such care in today’s society is having access to high quality
assisted living facilities specializing in dementia care. I am
excited about and feel lucky that the Michael and Garry Sneper
have selected Saratoga for their new flagship care home to
provide the quality of care that the Saratoga community expects
and demands, and believe that the site where they intend to build
is perfectly located and suited to this project.
I realize that some neighbors worry about the location impacting
the potential of a future (although not currently planned) walking
and bike path along Saratoga Creek. As mentioned, my building
is immediately adjacent to the Palm Villas of Saratoga site and
also immediately adjacent to the creek. In fact, my office
windows look out onto the creek. While I have personally used
and enjoy the many walking and biking paths in the South Bay
area, and especially the hiking trails in our surrounding
mountains, and while I never say “never”, I do not see the
practicality of ever putting in such a path along Saratoga Creek in
this area. If such a path were ever to be planned here, the
building where my office is located will be a much bigger issue as
it is nearer the creek than the Palm Villas of Saratoga buildings.
In conclusion, as we all know, none of us are getting any
younger. It is my strong belief that the residents of Saratoga will
benefit beyond measure by having Palm Villas of Saratoga in our
community to care for us and our loved ones as we age.
Therefore, it is my very heart felt and fervent hope that you, the
elected members of the City Council, approve this project.
Thank you all for your time and consideration.
Sincerely,
Janis A. Carney
Certified Elder Law Attorney
cc: Michael and Garry Sneper
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From:
Subject:Palm Villas
Date:Tuesday, November 17, 2020 2:16:47 PM
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opening attachments or clicking links, especially from unknown senders.
To honorable Mayor Howard Miller:
We would like to support the Palm Villas project proposed by Mike and Gary Sneper.
W have been living in Saratoga for over 30 years and we know that this type of facility
is needed in Saratoga for our aging population. It is a very good location for this type
of project. It will benefit our city and preserve Saratoga Creek is its natural condition.
Regards,
Erik and Maria Guldner
From:
To:Debbie Bretschneider
Cc:
Subject:Palm Villas Project Memory Care
Date:Saturday, November 14, 2020 9:11:21 AM
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Dear Mayor Miller
Needless to say, that our nation is aging, and our beautiful Saratoga population too. And with
aging comes the issue of Alzheimer and Dementia.
Palm Villas running a well-organized, clean, and caring organization in the Bay Area and we
are fortunate that they chose Saratoga to establish one of their Alzheimer/Dementia facilities
here to take care of our parents and loved one.
I and my neighbors on Aloha Avenue fully support Palm Villas Memory Care in Saratoga.
Thank you,
Moe Baniani
Saratoga, CA 95070
From:
Subject:Yes on Palm Villas
Date:Wednesday, November 18, 2020 10:12:31 AM
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opening attachments or clicking links, especially from unknown senders.
Dear Mayor Howard Miller and Members of the City Council:
I am writing to express my strong support regarding the proposed Palm Villa project. This is
the type of project we should have. My mother suffered from dementia and it would have been
good to have more local options for care. We should not let NIMBYism dictate our actions.
This is an excellent addition to Saratoga. More importantly, it is reasonable and fair. We
should not be micromanaging all development. NIMBY-ism has run amok in California.
Please approve.
Thank you for your time. I know this email is "late", I hope you can still consider it.
Sincerely,
Jim Frankola
, Saratoga CA 95070