HomeMy WebLinkAbout12-11-2024 Planning Commission Meeting PacketSaratoga Planning Commission Agenda – Page 1 of 3
SARATOGA PLANNING COMMISSION
REGULAR MEETING
DECEMBER 11, 2024
In accordance with Saratoga City Council’s Remote Public Participation Policy, members of the
public may participate in these meetings in person at the locations listed below or via remote
attendance (if applicable) using the Zoom information below. In the event remote participation
technology is unexpectedly unavailable; the meeting will proceed in person without remote
participation.
Members of the public can view and participate in the 5:00 p.m. Study Session by:
1. Attending in person at: City Hall Linda Callon Conference Room; OR
2. Accessing the meeting via Zoom:
• https://us02web.zoom.us/j/87681405123 (Webinar ID 886 8889 4190); OR
• Calling 1.669.900.6833 or 1.408.638.0968
3. Viewing online at http://saratoga.granicus.com/MediaPlayer.php?publish_id=2 and calling the
numbers listed above.
Members of the public can view and participate in the 7:00 p.m. Regular Session by:
1. Attending in person at: City Hall Civic Theater; OR
2. Accessing the meeting via Zoom
• https://us02web.zoom.us/j/82652375945 (Webinar ID 826 5237 5945)
• Calling 1.669.900.6833 or 1.408.638.0968; OR
3. Viewing the meeting on Saratoga Community Access Television Channel 15 (Comcast
Channel 15, AT&T UVerse Channel 99) and calling the numbers listed above; OR
4. Viewing online at http://saratoga.granicus.com/MediaPlayer.php?publish_id=2 and calling the
numbers listed above.
Written Communication
Comments can be submitted in writing at www.saratoga.ca.us/pc. Written communications will be
provided to the members of the Planning Commission and included in the Agenda Packet and/or
in supplemental meeting materials.
5:00 P.M. - STUDY SESSION
Linda Callon Conference Room | 13777 Fruitvale Avenue, Saratoga, CA 95070
ROLL CALL
1. Residential Objective Design Standards
Recommended Action:
Recommend the Planning Commission conduct a Study Session to review and provide feedback.
ADJOURNMENT
Saratoga Planning Commission Agenda – Page 2 of 3
7:00 P.M. - REGULAR MEETING
Civic Theater | 13777 Fruitvale Avenue, Saratoga, CA 95070
PLEDGE OF ALLEGIANCE
ROLL CALL
2. APPROVAL OF MINUTES
Action Minutes from the Planning Commission Meeting of November 13, 2024.
Recommended Action:
Approve Minutes of November 13, 2024 Regular Planning Commission 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
Any interested person objecting to the whole, or any portion of decision on this Agenda, may file
an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the
decision. The City Council conducts de novo review of appeals.
2. PUBLIC HEARINGS
2.1 (continued from 11/13/24) Application PDR23-0016/ARB23-0094: 19106 Panorama
Drive; (397-09-021) Terry J. Martin Associates (Applicant): The applicant is requesting Design
Review approval for a new 5,429 square foot two story single-family residence with a 1,134 square
foot basement. The project includes a request for a height exception to increase the allowable 26’
tall building height by an additional 3.48” for a total building height of 29’-4.0”. One protected
California Pepper tree is proposed for removal. The site is zoned R-1-40,000 with a General Plan
Designation of Very Low Density Residential (RLD). Staff Contact: Christopher Riordan (408)
868-1235 or criordan@saratoga.ca.us.
Recommended Action:
Adopt Resolution No. 24-030 approving the project subject to conditions of approval included in
Attachment 1.
2.2 Application PDR24-0008/ARB24-0091: 14833 Andrew Ct; (397-32-009) Michelle Miner
Design (Applicant): The applicant is requesting Design Review approval for a home addition for
a new 5,514 square foot two-story single-family residence with a 920 square foot attached
accessory dwelling unit (ADU). No protected trees are proposed for removal. The site is zoned R-
1-40,000 with a General Plan Designation of Very Low Density Residential (RVLD). Staff
Contact: Kyle Rathbone (408) 868-1212 or krathbone@saratoga.ca.us.
Recommended Action:
Saratoga Planning Commission Agenda – Page 3 of 3
Adopt Resolution No. 24-034 approving the project subject to conditions of approval included in
Attachment 1.
2.3 Application ZOA24-0004: City Wide. Amend Zoning Standards for Lot Consolidation:
Amendment of Saratoga Municipal Code sections 15-18.0150 (Lot consolidation incentives). The
proposed zoning amendment would encourage small lot consolidation, which would better align
with Housing Element programs required by HCD to facilitate the development of mixed-use and
multifamily housing, particularly for affordable housing, within housing opportunity sites. Staff
Contact: Kyle Rathbone (408) 868-1212 or krathbone@saratoga.ca.us.
Recommended Action:
Adopt Resolution No. 24-033 recommending the City Council adopt an ordinance amending
Chapter 15 (Zoning Regulations) of the Saratoga City Code to implement programs of the 2023-
2031 Housing Element.
3. DIRECTOR ITEMS
4. COMMISSION ITEMS
5. ADJOURNMENT
CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA
PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
I, Frances Reed, Administrative Analyst for the City of Saratoga, declare that the foregoing agenda
for the meeting of the Planning Commission was posted and available for review on December 5,
2024 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's
website at www.saratoga.ca.us.
Signed this 5th day of December 2024 at Saratoga, California.
Frances Reed, Administrative Analyst.
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials
provided to the Planning Commission by City staff in connection with this agenda, copies of
materials distributed to the Planning Commission concurrently with the posting of the agenda,
and materials distributed to the Planning Commission by staff after the posting of the agenda are
available on the City Website at www.saratoga.ca.us or available at 13777 Fruitvale Avenue,
Saratoga, CA 95070.
In Compliance with the Americans with Disabilities Act, if you need assistance to participate in
this meeting, please contact the City Clerk at bavrit@saratoga.ca.us or calling 408.868.1216 as
soon as possible before the meeting. The City will use its best efforts to provide reasonable
accommodations to provide as much accessibility as possible while also maintaining public safety
[28 CFR 35.102-35.104 ADA title II].
REPORT TO
THE PLANNING COMMISSION
Meeting Date: December 11, 2024
Subject: Residential Objective Design Standards
Address/APN: City Wide
Owner/Applicant: City of Saratoga
Report Prepared By: Christopher Riordan, Senior Planner
STAFF RECOMMENDATION
Recommend the Planning Commission conduct a Study Session to review and provide feedback on:
A. Article 15-59: Single-Family Dwelling Design Standards. This is a new section of the City Code
which includes objective design standards for Single-Family Dwellings, Two-Unit Residential
Developments, and Three-Unit Residential Conversions.
B. Proposed modifications to the following existing sections of the City Code to implement the
Single-Family Dwelling Design Standards as well as make several miscellaneous code updates.
1) Article 15-06: Definitions
2) Article 15-12: Single Family Residential Districts
3) Article 15-29: Fences
4) Article 15-45: Design Review of Single-Family Dwellings
5) Article 15-57: Ministerial Consideration of Qualifying Projects
6) Article 15-65: Nonconforming Uses and Structures
7) Article 15-80: Miscellaneous Regulations and Exceptions
BACKGROUND
The adopted 2023-2031 Housing Element contains the following two policy programs which
includes specific policies necessary to address present and future housing needs and to meet the
specific requirements of State Law by streamlining the review and approval process of single-
family dwellings.
• Program 3.2-9: Saratoga will amend the Design Review findings for single-family
and multi-family projects to ensure they promote certainty and objectivity.
• Program 3.2-10: Saratoga will amend the Single-Family Residential Design Review
Handbook to have objective design standards.
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The City of Saratoga is updating the single-family residential design review standards
contained in Article 15-45 of the City Code to include objective design standards to
implement the two programs contained within the Housing Element. These changes are
focused on increasing the predictability of the review process for developers and
homeowners by creating objective standards in lieu of more discretionary or subjective
review procedures.
The creation of an objective process for the review and approval of single-family dwellings,
two-unit developments, and three-unit residential conversions reduces much of the
discretion the city currently has when reviewing proposed development. These
modifications dictate that virtually all single-family projects must be reviewed subject to
objective, uniformly verifiable standards.
‘Objective standards’ are standards that involve no personal or subjective judgement by
public officials and are uniformly verifiable by reference to an external and uniform
benchmark or criterion. For example, an objective standard for building height would
provide a specific measurable height of 26 feet, whereas a subjective or discretionary
guideline might use a term or phrase such as ‘compatibility’ or ‘unreasonable impact on
neighboring properties’ in reference to regulating building heights.
DISCUSSION
Single-Family Dwelling Design Standards
To address the City’s need for objective standards for the review of single-family dwellings,
the City of Saratoga contracted with Lisa Wise Consulting, Inc. (LWC) to prepare the
Single-Family Dwelling Design Standards contained within Article 15-59 of the City Code.
LWC also reviewed and modified existing regulations to modify design review from a
discretionary to a ministerial process. The Design Standards (Attachment 6) are intended to
guide property owners, applicants/developers, and design professionals, and provide clear
design direction that preserves the unique characteristics of Saratoga by stating clear
standards for future single-family residential development.
The following paragraphs are a summary of the proposed changes to the City Code to
implement the ministerial review process for single-family residential development.
Article 15-06: Definitions
The proposed Single-Family Dwelling Design Standards includes the following two terms that are
defined in Article 15-06.
Block Face
‘Block face’ when referencing consistency of design elements when compared to the number of
adjacent properties. Section 15-06-115 defines as ‘five’ the number of structures on either side of a
subject property that is considered the ‘block face’.
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Permeable Paving
The use of ‘permeable paving’ is limited in certain site design situations. Section 15-06.500 includes
a definition and description of the porous paving materials that can be used to increase the
absorption of stormwater.
Article 15-12: Single-Family Residential Districts
Single-family uses, both permitted and conditional, and related development standards are included
in Article 15-12. The changes to this section include specifying that dwelling units allowed per
Article 15-57, the Ministerial Review of Qualifying Projects (two-unit residential developments and
three-unit residential conversions), are allowed as permitted uses in the R-1 zoning districts. Other
changes include specifying that development standards, such as site coverage, are included in
Article 15-57 for Qualifying Projects. The exiting regulations states that the Planning Commission
is to determine the allowable floor area for lots that are less than 5,000 square feet in floor area
which is not an objective standard. The current allowable floor area of 2,400 square feet is for lots
that are at least 5,000 square feet in size. To create an objective standard, it is proposed that a floor
area of at least 2,400 square feet is the maximum for all lots that are less than 5,000 square feet.
Article 15-29: Fences
The current fence regulations include five foot retaining wall height limits and a combined height
limit of ten feet when parallel retaining walls are separated by a horizontal distance of not less than
thirty feet. Any increase in a retaining wall height limit as specified in Article 15-29 requires a
variance approval by the Planning Commission. Fences are limited to a height of seven feet and an
increase in retaining wall height is proposed to increase the consistency with existing fence height
limits. Increasing the allowable retaining wall height can also foster residential development.
Article 15-45: Design Review Single-Family Dwellings
The proposed modifications to Article 15-45 will apply to all single-family dwellings, two-unit
residential developments, and three unit residential conversions to ensure that they are consistent
with the proposed residential design standards that are contained in Article 15-59, which is a new
section of the City Code. Projects that comply with these new design standards which are meant to
be objective standards and not subjective, can be administratively approved by the Community
Development Director. This applies to all new homes that currently require Administrative or
Planning Commission Design Review (both one- and two-story single-family homes). A project
applicant has the option of proposing an alterative design for a specific design standard which will
be reviewed under Administrative Design Review.
Article 15-57: Ministerial Consideration of Qualifying Projects
The proposed modifications to Article 15-57 are to implement recent changes to state legislation
that apply to two-unit residential developments and three-unit residential conversions. These new
regulations essentially state that Saratoga’s development standards that apply to two-unit residential
developments and three-unit residential conversions cannot be more restrictive than the regulations
that apply to other single family residential uses such as single-family homes. The proposed changes
include:
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• Removing the demolition limit of existing structures to construct a two-unit residential
development or three-unit residential conversion even if the structure has been occupied by
a tenant in the last three years.
• Two-unit residential developments and three-unit residential conversions are no longer
limited to a maximum floor area of 1,000 square feet when located within the side or rear
setback of the underlying zoning district.
• Two-unit residential developments on lots created by urban lot splits can increase in height
from 18 feet to 26 feet and can be two stories.
• Roof decks are no longer prohibited.
Article 15-59: Single-Family Dwelling Design Standards
The proposed Single-Family Dwelling Design Standards are located in Article 15-59, which is a
new section of the City Code. These new regulations are intended to be objective standards to guide
single-family residential development. Projects determined to be consistent with these design
standards which include single-family dwellings, two-unit residential developments, and three-unit
residential conversions, can be approved administratively by staff without discretionary review.
These objective design standards, which include both text and images, are intended to replace the
existing Single-family Residential Design Review Handbook. The design standards are broken
down into the following categories: Building Massing and Scale, Building Design, and Site Design.
Article 15-65: Nonconforming Uses and Structures
The only modification to Article 15-65 is to Section 15-65.020 (Definitions) to state that structures
which received design review prior to the adoption of the new Single-Family Dwelling Design
Standards are not to be considered as non-conforming structures.
Article 15-80: Miscellaneous Regulations and Exceptions
Article 15-45: Design Review Single-Family Dwellings contains regulations for creek protection
setbacks which require that building setbacks be measured from the top of bank, instead of a
property line, whenever a protected creek passes through or along a building site. These regulations
apply to all new structures requiring design review and well as to those projects that are exempt
from design review such as some residential additions which is not evident as the regulations are
contained in the Article 15-45. Relocation of the creek protection setback regulations to Article 15-
80: Miscellaneous Regulation and Exceptions, clarifies the intent of the regulations to apply to any
new construction.
Applicability
The Objective Residential Design Standards would apply to all new single-family residential
projects subject to a streamlined ministerial review process. Projects which qualify for ministerial
review would be required to comply with all the Design Standards. All other projects would be
subject to the Design Standards but through the City’s discretionary design review process could be
allowed to deviate when the purpose and intent of the standard is met through alterative means.
The Zoning Ordinance, along with the standards for single-family residential districts, will regulate
development standards (such as building height, setbacks, lot coverage, etc.), while the new
objective standards will regulate design criteria (such as site layout, building orientation, and
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building design) to ensure that new single-family projects maintain a design quality reflective of
Saratoga.
ATTACHMENTS
1. Article 15-06: Definitions
2. Article 15-12: Single-Family Residential Districts
3. Article 15-29: Fences
4. Article 15-45: Review of Single-Family Dwellings
5. Article 15-57: Ministerial Consideration of Qualifying Projects
6. Article 15-59: Single-Family Dwelling Design Standards
7. Article 15-65: Nonconforming Uses and Structures
8. Article 15-80: Miscellaneous Regulations and Exceptions
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Chapter 15 - ZONING REGULATIONS
Article 15-06 DEFINITIONS
1 | City of Saratoga Public Review Draft Zoning Code Amendments
Article 15-06 DEFINITIONS
15-06.005 Application of definitions.
The definitions set forth in this Article shall be applied throughout this Chapter, unless the context or the
provision clearly requires otherwise.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.010 Abandon.
"Abandon" means to cease or discontinue a use or activity without intent to resume, but excluding
temporary or short-term interruptions to a use or activity during periods of remodeling, reconstructing, replacing,
maintaining or otherwise improving or rearranging a site or structure, or during normal periods of vacation or
seasonal closure, or during brief periods of discontinuance in connection with a pending sale or other transfer of
ownership or management of a use or structure.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.011 Abatement.
"Abatement" means the act of eliminating the condition that causes a nuisance.
(Ord. 223 § 2 (part), 2003)
15-06.020 Abutting.
"Abutting" means having property lines or district lines in common.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.021 Access.
"Access" means a way or means of approach to provide vehicular or pedestrian physical entrance to a
property.
(Ord. 223 § 2 (part), 2003)
15-06.022 Accessory structure.
"Accessory structure" means a structure which is: (a) detached from any other structure such that the
distance between any part of the two structures is thirty-six inches or more; and (b) incidental and subordinate to,
and customarily associated with, the main structure or principal use on the lot. Notwithstanding the foregoing, an
accessory dwelling unit is not an accessory structure as that term is used in this Code. No accessory structure is
permitted in any zone district in the absence of an existing or concurrently established main structure or principal
use on the lot.
(Ord. 223 § 2 (part), 2003; Amended by Ord. 245 § 2 (Att. A) (part), 2006)
(Ord. No. 272, § 2(Exh. A), 9-16-2009; Ord. No. 348, § 1(Att. A, § 6), 1-18-2017)
15-06.023 Accessory use.
"Accessory use" means a use of land or a building or portion thereof incidental and subordinate to the
principal use of the lands or building and located on the same lot with the principal use.
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Chapter 15 - ZONING REGULATIONS
Article 15-06 DEFINITIONS
2 | City of Saratoga Public Review Draft Zoning Code Amendments
(Ord. 223 § 2 (part), 2003)
15-06.024 Acre.
"Acre" means a measure of land area containing forty-three thousand five hundred sixty square feet.
(Ord. 223 § 2 (part), 2003)
15-06.030 Addition.
"Addition" means any construction which increases the size of a structure in terms of site coverage, height,
or floor area.
(Amended by Ord. 223 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006)
15-06.035 Alcoholic beverage.
"Alcoholic beverage" means any beverage, as defined per Section 23004 of the State of California Business
and Professional Code that requires a license from the California Department of Alcoholic Beverage Control to
make, sell, or distribute.
(Ord. No. 305, § 1, 5-1-2013)
15-06.040 Alley.
"Alley" means a service roadway providing a secondary means of public access to abutting property and not
intended for general traffic circulation.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.050 Alteration.
"Alteration" means any construction or physical change in the internal arrangement of rooms or the
supporting members of a building or structure, or change in relative position of structures on a site, or substantial
change in the exterior appearance of any structure.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.051 Apartment unit.
"Apartment unit" means an independent, self-contained dwelling unit with one or more rooms with private
bath and kitchen facilities in a building containing three or more such dwelling units.
(Ord. 223 § 2 (part), 2003)
15-06.052 Applicant.
"Applicant" means a person submitting an application for development. Where the applicant is not the
owner of the lot that is the subject of the application for development, the applicant shall provide the approving
authority with evidence that the application for development is authorized by the owner.
(Ord. 223 § 2 (part), 2003)
15-06.053 Application for development.
"Application for development" means the application form and all accompanying documents and exhibits
required of an applicant by the approving authority for development application review purposes.
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Chapter 15 - ZONING REGULATIONS
Article 15-06 DEFINITIONS
3 | City of Saratoga Public Review Draft Zoning Code Amendments
(Ord. 223 § 2 (part), 2003)
15-06.060 Approving authority.
"Approving authority" means the legislative body, commission, committee or official of the City designated
under the provisions of this Chapter as having the authority to approve or deny a particular type of application.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.061 Appurtenances.
"Appurtenances" means the visible, functional, or ornamental objects accessory to and part of buildings,
such as: chimneys, flag poles, cupolas, spires, or antennas.
(Ord. 223 § 2 (part), 2003)
15-06.062 Architectural feature.
"Architectural feature" means a prominent or significant part or element of a building, structure, or site.
(Ord. 223 § 2 (part), 2003)
15-06.063 Architectural style.
"Architectural style" means the characteristic form and detail of buildings of a particular historic architectural
context or period.
(Ord. 223 § 2 (part), 2003)
15-06.070 Repealed.
Editor's note(s)—Ord. No. 320, § 1.F.10, adopted Nov. 5, 2014, repealed § 15-06.070, which defined "Attached"
and derived from original codification; Ord. 223 § 2(part), 2003; and Ord. 245 § 2(Att. A)(part), 2006.
15-06.080 Attic.
"Attic" means that part of a building that is immediately below and wholly or partially within the roof
framing.
(Ord. 71.66, 1989; Ord. 223 § 2 (part), 2003)
15-06.090 Basement.
"Basement" means a space in a structure that is partly or wholly below grade and where the vertical distance
from grade to a finished floor directly above such space is less than or equal to forty-two inches. (See Figure 1a) If
the finished floor directly above the space is more than forty-two inches above grade at any point along the
perimeter, such space shall be considered a story, and the entire space shall be included in the calculation of floor
area. This requirement applies to all lots, with the exception of hillside lots.
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Chapter 15 - ZONING REGULATIONS
Article 15-06 DEFINITIONS
4 | City of Saratoga Public Review Draft Zoning Code Amendments
On hillside lots, as defined in Section 15-06.420(e), only the portion of space where the vertical distance of
the finished floor directly above such space is more than forty-two inches above grade shall be counted as floor
area and considered a story. The number of stories measured vertically at any given point shall not exceed the
maximum number of stories allowed in each zoning district. (See Figure 1b) However, if the vertical distance of the
finished floor above the space is not more than forty-two inches above grade for at least eighty percent of area of
such space, then the entire space is a basement that shall not be included in the calculation of gross floor area and
shall not be considered a story. (See Figure 1c.)
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Chapter 15 - ZONING REGULATIONS
Article 15-06 DEFINITIONS
5 | City of Saratoga Public Review Draft Zoning Code Amendments
As used herein, the term "grade" shall mean either the natural grade or finished grade immediately adjacent
to the exterior walls of the structure, whichever is lower. The Community Development Director shall make the
determination for sites where it is unclear as to which is the natural and which is the finished grade. Basements are
subject to the requirements of Section 15-80.035.
(Amended by Ord. 209 § 2 (part), 2002; Ord. 223 § 2 (part) 2003; Ord. 245 § 2 (Att. A) (part), 2006)
(Ord. No. 284, § 1(Att. A), 5-18-2011)
15-06.100 Bed and breakfast establishment.
"Bed and breakfast establishment" means a structure designed as a single-family dwelling containing no
more than three rooms, which rooms are rented for transient occupancy and breakfast is served to the guests on
the premises.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.105 Below market rate dwelling unit.
"Below market rate dwelling unit" means a dwelling unit, which is rented, leased or sold to only households
that qualify as lower, 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
Sections 50079.5, 50105, and 50106 as those sections exist as of the effective date of this restriction.
(Ord. 223 § 2 (part), 2003)
15-06.110 Block.
"Block" means any lot or group of contiguous lots on one side of a street and lying between intersecting
streets, railroad rights-of-way, waterways or unsubdivided land.
(Amended by Ord. 223 § 2 (part), 2003)
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Chapter 15 - ZONING REGULATIONS
Article 15-06 DEFINITIONS
6 | City of Saratoga Public Review Draft Zoning Code Amendments
15-06-115 Block Face.
“Block face” refers to the five structures on either side of and on the same side of the right-of-way as a
subject property, or the structures between a subject property and the nearest intersection, whichever is less.
15-06.120 Building.
"Building" means any structure used or intended for supporting or sheltering any use or occupancy.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.121 Building Frontage.
"Building frontage" means the lineal dimension, parallel to the ground, of a building elevation that directly
faces a right-of-way.
(Ord. No. 399, § 1(Att. 1), 4-3-2024)
15-06.122 Building, main.
"Building, main" means a building in which is conducted the principal use of the parcel and/or building site
on which it is situated.
(Ord. 223 § 2 (part), 2003)
15-06.125 Building site.
"Building site" means a lot, occupied or to be occupied by a main building and accessory buildings, or by a
dwelling and its accessory buildings, together with such open spaces as are required by the terms of this Chapter
and having its principal frontage on a street, road, or highway.
(Ord. 71.98 § 3 (part), 1991; Ord. 223 § 2 (part), 2003)
15-06.130 Cabana.
"Cabana" means an accessory structure designed for use as a bathhouse or recreation room in connection
with use of a swimming pool.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.140 Carport.
"Carport" means an accessory structure or a portion of a main structure designed for the storage of motor
vehicles having a permanent roof and not fully enclosed on all sides.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.150 Clinic.
"Clinic" means a facility for the medical diagnosis and treatment of outpatients.
(Amended by Ord. 223 § 2 (part), 2003)
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Chapter 15 - ZONING REGULATIONS
Article 15-06 DEFINITIONS
7 | City of Saratoga Public Review Draft Zoning Code Amendments
15-06.160 Community facility.
"Community facility" means a place, structure, area or other facility used for and providing fraternal, social or
recreational programs or activities generally open to the public. The term includes parks, swimming pools,
recreational courts, community centers, libraries, museums, and golf courses.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.165 Community view sheds.
"Community view sheds" means any views which are visible from an area, which has scenic value for the
community.
(Ord. 71.98 § 3 (part), 1991; Ord. 223 § 2 (part), 2003)
15-06.170 Corral.
"Corral" means an area enclosed by fencing for the keeping of equines or other livestock.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.180 Covered parking.
"Covered parking" means a garage or carport that provides full overhead protection from the elements with
ordinary roof coverings. Canvas, lath, fiberglass, plastic and vegetation are not ordinary roof coverings and cannot
be used in providing a covered parking space.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.185 Creek bank.
"Creek bank" means the sides of a watercourse, the top of which shall be the topographic line roughly
parallel to stream center line where the side slopes intersect the plane of ground traversed by the watercourse.
Where banks do not distinguishably end, City or Santa Clara Valley Water District shall determine the top of such
banks.
(Ord. 71.98 § 3 (part), 1991; Ord. 223 § 2 (part), 2003)
15-06.190 Day care facility.
"Day care facility" means the use of a site or portion of a site for a group day care program for eight or more
clients other than those resident on the site. The term includes nursery school, preschool and similar facilities.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.195 Demolition.
"Demolition" of a building means:
(a)Removal or covering of more than fifty percent of the exterior walls of an existing structure so the walls
no longer function as exterior walls and removal of more than fifty percent of the existing roof
structure and exterior roof sheathing; or
(b)Removal or covering of more than fifty percent of the exterior walls of an existing structure so the walls
no longer function as exterior walls and removal of more than fifty percent of interior walls.
The exclusive removal of interior walls without any modification or removal of exterior walls or any
modification or removal of the existing roof structure and exterior sheathing is not considered a demolition.
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(Ord. No. 328, § 1(Att. A, § 11), 7-1-2015)
15-06.200 Dooryard.
"Dooryard" means a type of building entry that provides a limited amount of private open space at the
primary entrance. The dooryard area is defined by a low wall, planter or fence that provides a buffer between the
right-of-way and the building while preserving a sense of openness to the building entrance.
(Ord. No. 399, § 1(Att. 1), 4-3-2024)
15-06.204 Development.
"Development" means, on land, in or under water, the placement or erection of any solid material or
structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading,
removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land,
including but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of
the Government Code), and any other division of land, including lot splits, except where the land division is
brought about in connection with the purchase of such land by a public agency for public recreational use;
construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any
private, public or municipal utility; and the removal or harvesting of major vegetation other than for agricultural
purposes.
(Ord. 223 § 2 (part), 2003)
15-06.208 Director.
"Director" means the director of the Community Development Department or the Director's designee. The
Director is the zoning administrator for the City of Saratoga.
(Ord. No. 270, § 1, 7-15-2009)
15-06.210 District.
"District" means a portion of the City within which certain uses of land and structures are permitted,
conditionally permitted, or prohibited and within which certain yards and other open areas are required and
certain height limits and design standards are established for structures, all as set forth and specified in this
Chapter.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.220 Drive-through service.
"Drive-through service" means a feature or characteristic of a use involving the sales of products or provision
of services to occupants in motor vehicles, including drive-in or drive-up windows.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.230 Driveway.
"Driveway" means a private roadway servicing up to four parcels, the use of which is limited to persons
residing or working on the site and their visitors, which provides access to off-street parking or loading spaces on
the site.
(Amended by Ord. 223 § 2 (part), 2003)
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15-06.240 Dwelling.
"Dwelling" means a permanent building, or a portion of a permanent building used as the personal residence
of the occupants thereof, excluding trailers, campers, recreational vehicles, hotels, motels, bed and breakfast
establishments, tents and temporary structures.
(a)Dwelling unit means a room or group of rooms including living, sleeping, eating, cooking and sanitation
facilities, constituting separate and independent housekeeping units, occupied or intended for
occupancy by one family on a permanent basis and having not more than one kitchen.
(b)Single-family dwelling means a dwelling unit constituting the only main structure upon a single
building site.
(c)Multi-family dwelling means a structure or site containing more than one dwelling unit, designed for
occupancy by more than one family living independently of each other, and doing their own cooking in
the building. However, a single-family dwelling and a lawful accessory dwelling unit located upon the
same site shall not be deemed a multi-family dwelling.
(d)Accessory dwelling unit means an attached or detached residential dwelling unit, built or legalized
pursuant to this Chapter, which provides complete independent living facilities for one or more
persons, including permanent provisions for living, cooking, sleeping and sanitation and that meets all
requirements set forth in Article 15-56 . An accessory dwelling unit also includes the following:
(1)An accessory dwelling unit that is an efficiency unit, as defined in Health and Safety Code Section
17958.1.
(2)An accessory dwelling unit that is a manufactured home, as defined in Health and Safety Code
Section 18007.
(e)Junior accessory dwelling unit is a unit that is no more than 500 square feet in size, and contained
entirely within the walls of an existing or proposed single-family dwelling , and that meets all
requirements set forth in Article 15-56. For purposes of this subsection, attached garages are
considered a part of the existing or proposed single-family dwelling. A junior accessory dwelling unit
may include separate sanitation facilities or may share sanitation facilities with the existing structure.
(Amended by Ord. 223 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006)
(Ord. No. 348, § 1(Att. A, § 6), 1-18-2017; Ord. No. 355, 6-6-2018; Ord. No. 376, § 1(Exh. A), 10-21-2020; Ord. No.
399, § 1(Att. 1), 4-3-2024)
15-06.250 Emergency access.
"Emergency access" means a street which is gated or otherwise closed to regular use by vehicular traffic and
intended for use by vehicular traffic only in the event of emergency.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.251 Emergency shelter.
(a)"Emergency shelter, permanent" means a permanently operated facility that provides people shelter with
minimal supportive services for a time period not exceeding six months per person per year.
(b)"Emergency shelter, rotating" means a facility that, for a time period not exceeding a total of three months
per year per location, provides people shelter with minimal supportive services.
Both permanent and rotating emergency shelters may include other interim interventions, including, but not
limited to, a navigation center, bridge housing, and respite or recuperative care.
(Ord. No. 361, § 1(Exh. A), 2-6-2019; Ord. No. 399, § 1(Att. 1), 4-3-2024)
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15-06.253 Employee Housing.
"Employee housing," means any portion of any housing accommodation, or property upon which a housing
accommodation is located, if both of the following factors exist: (1) The accommodations consists of living quarters
or other housing accommodations, maintained in one or more buildings or one or more sites, and the premises are
provided for employees by the employer; and (2) The accommodations are maintained in connection with any
work or place where work is being performed, whether or not rent is involved. The definition of employee housing
is as otherwise defined by California Health and Safety Code § 17008 as it may be amended from time to time.
(Ord. No. 399, § 1(Att. 1), 4-3-2024)
15-06.255 Repealed.
(Ord. 245 § 2 (Att. A) (part), 2006)
15-06.260 Family.
"Family" means an individual or two or more persons occupying a dwelling unit and living together as a single
housekeeping unit in which each occupant has access to all parts of the dwelling unit. A family shall be deemed to
include necessary household help. The term shall not include a group of persons occupying a hotel, motel, bed and
breakfast establishment, nursing home, or institution of any kind.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.261 Fence.
"Fence" means any structural device forming a physical barrier by means of glass, wood, masonry, metal,
chain, brick, stake, plastic, concrete block, wrought iron, wire, or other similar materials. A wall, other than a wall
of a building or a retaining wall, is considered a fence.
(Ord. 223 § 2 (part), 2003)
(Ord. No. 263, § 1(Att. A), 2-18-2009; Ord. No. 360, § 6(Exh. A), 12-5-2018)
15-06.270 Financial institution.
"Financial institution" means a bank, savings and loan association, credit union, thrift association or similar
organization.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.725 Winery.
"Winery" means a commercial agricultural facility primarily used for the fermenting and processing of fruit
juice into wine. Processing can include wholesale sales, crushing, fermenting, blending, aging, storage, bottling,
administrative office functions for the winery and warehousing. Special events, retail sales and tasting rooms may
be permitted as part of the winery operations.
(Ord. No. 360, § 6(Exh. A), 12-5-2018)
15-06.280 Floor area.
"Floor area" means the total enclosed, habitable or accessible floor space of all floors of a building where the
interior height of the area is equal to or greater than five feet. The term "enclosed," as used in this Section, means
a structure or area with a roof and with three or more walls. The term "wall," as used in this Section, means any
structural device forming a physical barrier by means of glass, wood, masonry, metal, concrete block, wrought
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11 | City of Saratoga Public Review Draft Zoning Code Amendments
iron, wire, or other similar materials with more than fifty percent of its façade area is closed. The term "roof," as
used in this Section, means a covering of any solid material over at least seventy-five percent of the area.
Floor area is measured to the outside surfaces of exterior walls. In the case of a sloped ceiling or ground
surface, the floor area shall be measured to the point at which the interior height is less than five feet.
Pursuant to the foregoing, floor area may include halls, stairways, elevator shafts, ducts, service and
mechanical equipment rooms, underfloor areas, porches, verandas and similar building elements, garages, attics,
crawl spaces and accessory structures. Floor area does not include interior courts, which are areas surrounded on
all sides by habitable space but which do not have a roof, as defined in this Section.
(Ord. 71-177 § 2, 1998; Ord. 223 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006)
(Ord. No. 360, § 6(Exh. A), 12-5-2018; Ord. No. 364, § 1(Exh. A), 9-4-2019)
15-06.290 Frontage.
"Frontage" means the property line of a site abutting on a street. In the case of a corner lot, the frontage
shall be that property line with the shortest dimension of the lot fronting a street which does not result in the
creation of a nonconforming lot with respect to frontage, width or depth. (Amended by Ord. 223 § 2 (part), 2003)
(Amended by Ord. No. 272, § 2(Exh. A), 9-16-2009)
15-06.291 Funeral home.
"Funeral home" means an establishment with facilities for the preparation and servicing of the dead for
cremation or burial, for the viewing of the body, and for the hosting of funeral services or end of life
commemorations.
(Ord. No. 328, § 1(Att. A, § 12), 7-1-2015)
15-06.295 Game arcade.
"Game arcade" means an establishment having more than three coin or token-operated pinball machines,
video games or other form of mechanical or electronic games or any combination thereof, available for use by the
general public. A game arcade may exist as either a principal use or as an incidental use conducted by another
principal use on the site.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.300 Garage.
"Garage" means an accessory structure or a portion of a main structure that has a permanent roof, is fully
enclosed on all sides, and is designed for the storage of motor vehicles.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.310 Gasoline service station.
"Gasoline service station" means a place where gasoline, oil, tires, small parts and accessories for the
operation of motor vehicles are offered for sale to the public, and servicing incidental thereto, including the
washing of vehicles where no chain conveyor, blower or steam cleaning device is used.
(Amended by Ord. 223 § 2 (part), 2003)
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15-06.320 General Plan.
"General Plan" means the current General Plan as adopted by the City pursuant to the requirements of the
Government Code and includes, for the purposes of this Chapter, any specific plan applicable to the site.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.325 Geotechnical clearance.
"Geotechnical clearance" means a written acknowledgement from the City Engineer indicating that:
(a)The applicant has identified all geological and geotechnical hazards and constraints present on the site;
(b)The applicant has evaluated those hazards and constraints identified in subsection (a) which would
affect the proposed development of the site or impact adjacent properties, as required by the City
Engineer and City Geotechnical Consultant;
(c)The applicant has developed appropriate measures to avoid and/or mitigate those hazards and
constraints evaluated in subsection (b) to the satisfaction of the City Engineer and City Geotechnical
Consultant;
(d)The applicant has paid all fees associated with the City Geotechnical Consultant's review of the
application.
Geotechnical clearance does not and shall not be construed as constituting an approval or entitlement
of any form or type.
(Ord. 71-106 § 1, 1992; Ord. 223 § 2 (part), 2003)
15-06.328 Group Home.
"Group home" means housing operating as a single residence shared by unrelated persons with disabilities
that provide peer and other support for their residents' disability-related needs and in which residents share
cooking, dining, and living areas. Groups homes are distinguished from Supportive Housing and Transitional
Housing, which uses are defined by Government Code. There are three types of group homes allowed in Saratoga:
Class 1:The group home does not provide licensable services to the residents.
Class 2:The group home provides licensable services to six or fewer residents.
Class 3:The group home provides licensable services to more than six residents.
(Ord. No. 399, § 1(Att. 1), 4-3-2024)
15-06.330 Guest house.
"Guest house" means an accessory structure containing a lodging unit without kitchen facilities, and used to
house occasional visitors or nonpaying guests of the occupants of a dwelling unit on the same site.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.331 Health/Fitness Center.
"Health/Fitness Centers" means membership based fitness facilities, gymnasiums, athletic clubs, and similar
establishments requiring membership for access.
(Ord. No. 307, § 1.C.4, 10-16-2013)
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15-06.335 Hedge.
"Hedge" means a series of trees or other natural landscaping planted in a linear and uninterrupted pattern
such that a boundary is created. The natural landscaping must be able to stand on its own and shall not require
supports upon maturity. A hedge is not a fence.
(Ord. No. 263, § 1(Att. A), 2-18-2009)
15-06.340 Height of buildings.
"Height of building" means the vertical distance from the average of the highest and lowest point of the lot
at the building's edge, measured from natural grade, of that portion of the lot covered by the building to the
topmost point of the roof excluding appurtenances, unless otherwise specified in this Chapter. The Community
Development Director, through the use of the best available information, such as tract grading plans, vegetation,
and neighborhood topography or existing grades, shall determine natural grade.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.341 Height of fences.
"Height of fences" means a vertical line from the highest point of the fence (including lattice or similar
material), to a point directly below at either the natural grade or the finished grade, at the owner's choice. Where
there are differences in grade between abutting properties, the fence height is measured from the property with
the higher grade unless a different measurement standard applies pursuant to another Section of this Code.
(Ord. 223 § 2 (part), 2003; Amended by Ord. No. 263, § 1(Att. A), 2-18-2009; Ord. No. 284, § 1(Att. A), 5-18-2011)
15-06.342 Height of retaining wall.
"Height of retaining wall" means a vertical line from the highest point of the retaining wall to a point directly
below the lowest natural grade unless a different measurement standard applies pursuant to another Section of
this Code.
(Ord. No. 263, § 1(Att. A), 2-18-2009)
15-06.350 Home occupation.
"Home occupation" means any activity which is the conduct of an art or profession, the offering of a service,
the conduct of a business or the handcraft manufacture of products in a dwelling unit solely by the occupants
thereof, in a manner incidental and secondary to the use of the dwelling for dwelling purposes, and in accord with
the provisions of this Code.
(Amended by Ord. 223 § 2 (part), 2003)
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15-06.360 Hotel.
"Hotel" means a structure or portion thereof or a group of attached or detached structures containing
individual guest rooms or suites where lodging is provided primarily to transients for compensation for a period of
not more than 29 consecutive days. The term includes motel, inn, tourist court, bed and breakfast establishment,
short-term-rental, or similar use.
(Amended by Ord. 223 § 2 (part), 2003)
(Ord. No. 403, § 1(Exh. A, § 10), 7-3-2024)
15-06.370 Impervious surface.
"Impervious surface" means any structure or constructed surface that prevents the passage of water into the
underlying soil or otherwise significantly increases runoff and disrupts the aesthetic of the landscape. Common
impervious surfaces include, but are not limited to, concrete, asphalt, roofs, and brick or other stone materials set
in sand or concrete. Porous materials may receive certain exceptions from site coverage as provided for in this
chapter.
(Amended by Ord. 223 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006; Ord. No. 293, § 2.A, 6-20-2012)
15-06.380 Institutional facility.
"Institutional facility" means a place, structure or area operated by a public or private organization or
agency, used for and providing educational, residential or health care services to the community at large. The term
includes residential developments and health care facilities operated by non-profit organizations, and both public
and private schools or colleges.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.385 Intermittent stream.
"Intermittent stream" means a watercourse with seasonal water flow and dry in dry seasons.
(Ord. 71.98 § 3 (part), 1991; Ord. 223 § 2 (part), 2003)
15-06.390 Keeping; keeping for private use.
(a)Keeping, in relation to the keeping of animals, means the harboring or maintaining possession of any animal
on a site together with the maintenance of such animal by the feeding or otherwise supplying of necessities
of life to the same. Any animal physically present on a site for a continuous period in excess of seventy-two
hours is being kept, within the meaning of this definition, by the owner or other occupant of the site.
(b)Keeping for private use, in relation to the keeping of animals, means the keeping of an animal owned by the
owner of the site where such animal is kept, for the private use by such owner and his guests as a use
accessory to a dwelling on the same site, and not for remuneration, hire or sale.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.400 Kitchen.
"Kitchen" means a room designed, intended or used for the cooking and preparation of food which includes
either a 220 volt outlet or a natural gas connection for a cooking appliance.
(Amended by Ord. 223 § 2 (part), 2003)
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15 | City of Saratoga Public Review Draft Zoning Code Amendments
(Ord. No. 307, § 1.C.5, 10-16-2013)
15-06.405 Lightwell.
"Lightwell" means an excavated area adjacent to a building that is enclosed on four sides, that is open at the
top, and allows light into a below-grade level of a building.
(Ord. 209 § 2 (part), 2002; Ord. 223 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006)
(Ord. No. 307, § 1.C.25, 10-16-2013)
15-06.410 Loading facility.
"Loading facility" means an area on a site or within a building, or both, used or intended for use for the
loading or unloading of goods from a motor vehicle or trailer in connection with the use of the site on which such
facility is located. The loading facility area on the site may include loading berths, aisles, access driveways, turning
and maneuvering areas, clearances and similar features, which meet the requirements established by this Chapter.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.420 Lot.
"Lot" means a parcel of land consisting of a single lot of record.
(a)Lot of record means a lot which is part of a subdivision and shown on a map thereof as recorded in the
office of the County Recorder, or a legally created parcel of land described by metes and bounds or
shown on a parcel map which has been so recorded.
(b)Corner lot means a lot situated at the intersection of two or more streets, or bounded on two or more
connected sides by street lines.
(c)Interior lot means a lot other than a corner lot.
(d)Flag lot means a lot having access to a street by means of a private driveway or corridor of land not
otherwise meeting the requirements of this Chapter for site width.
(e)Hillside lot means a lot having an average slope of ten percent or greater.
(f)In-fill lot means a lot surrounded by other developed lots in at least three out of four northern,
southern, eastern or western directions.
(g)Reversed corner lot means a corner lot, the side lot line of which is substantially a continuation of the
front lot line of the first lot to its rear.
(h)Double frontage lot means an interior lot having frontage on two parallel or approximately parallel
streets.
(Amended by Ord. 223 § 2 (part), 2003; Ord. No. 272, § 2(Exh. A), 9-16-2009; Ord. No. 294, § 1.A.2., 9-5-2012; Ord.
No. 320, § 1.F.11, 11-5-2014)
15-06.430 Lot line.
"Lot line" means any boundary of a lot.
(a)Front lot line means, on an interior lot, the lot line abutting a street, or, on a corner lot, the shortest
dimension of the lot fronting the street, or, on a double frontage lot, the lot line abutting the street
providing the primary means of access to the lot, or, on a flag lot, the interior lot line most parallel to
and nearest the street providing site access unless the average width of the lot exceeds its average
depth in which case the front lot line shall be the interior lot line with the shortest dimension.
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(b)Rear lot line means the lot line not intersecting a front lot line which is most distant from and most
closely parallel to the front lot line. A lot bounded by only three lot lines will not have a rear lot line.
(c)Side lot line means any lot line which is not a front or rear lot line.
(d)Interior lot line means any lot line not abutting a street.
(e)Exterior lot line or street lot line means any lot line abutting a street.
(f)The Community Development Director may assign or designate lot lines for irregular-shaped parcels or
lots that do not have frontage, as defined in Section 15-06.290. (Amended by Ord. 223 § 2 (part), 2003)
(Amended by Ord. No. 272, § 2(Exh. A), 9-16-2009; Ord. No. 320, § 1.F.12, 11-5-2014)
15-06.438 Manufactured Home.
"Manufactured home" means a structure that was constructed on or after June 15, 1976, is transportable in
one or more sections, is eight body feet or more in width, or forty body feet or more in length, in the traveling
mode, or, when erected on site, is three hundred twenty or more square feet, is built on a permanent chassis and
designed to be used as a single-family dwelling with or without a foundation when connected to the required
utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein or as
otherwise defined by California Health and Safety Code § 18007 as it may be amended from time to time.
(Ord. No. 399, § 1(Att. 1), 4-3-2024)
15-06.440 Repealed.
(Ord. 223 § 2 (part), 2003)
15-06.441 Market.
"Market" means an establishment where more than two thousand square feet or twenty-five percent of the
total floor area is dedicated to food and/or beverage sales for off-site human consumption, with the exception of a
tasting room as defined in this Article or a lawfully located mobile canteen or other mobile unit as defined in
Article 7-25.
(Ord. No. 302, § 1, 2-6-2013; Ord. No. 305, § 1, 5-1-2013)
15-06.445 Mixed use development.
The development of a lot or building with two or more different land uses, such as residential, commercial,
office or public.
(Ord. 223 § 2 (part), 2003)
15-06.449 Mortuary.
"Mortuary" means funeral home.
(Ord. No. 328, § 1(Att. A, § 13), 7-1-2015)
15-06.450 Motel.
"Motel" means hotel, as defined in Section 15-06.360.
(Amended by Ord. 223 § 2 (part), 2003)
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15-06.460 Nonconforming.
"Nonconforming" means not in conformity with any of the regulations set forth in this Chapter.
(a)Nonconforming use means a use of a structure or site, or both, which was lawfully established or
maintained in compliance with all zoning regulations then applicable to such use, but which, by virtue
of a subsequent rezoning, reclassification, or the adoption of or change in use regulations, no longer
conforms with the use regulations of the district in which it is located.
(b)Nonconforming structure means a structure which was lawfully constructed in compliance with all
zoning regulations then applicable to the site, but which, by virtue of a subsequent rezoning,
reclassification, or the adoption of or change in zoning regulations, no longer conforms with the
standards of size, coverage, setback areas, height, distance between structures, or other regulation of
this Chapter for the district in which the structure is located.
(c)Nonconforming facility means a structure or site, which conforms with the regulations of this Chapter
but is used or occupied by one or more nonconforming uses.
(d)Nonconforming lot means a single and separate parcel of land, which was legally created, and a legal
building site at the date of adoption of an ordinance rendering it nonconforming.
(e)Nonconforming site means a site which was lawfully created in compliance with all zoning and
subdivision regulations then applicable to the site, but which, by virtue of subsequent rezoning,
reclassification, or the adoption of or change in zoning regulations, no longer conforms with the
standards of area, frontage, width, depth, or other regulation of this Chapter for the district in which
the site is located.
(Amended by Ord. 223 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006)
15-06.470 Nursing home.
"Nursing home" means a residential structure in which nursing, dietary and other personal services are
rendered to six or more convalescents, invalids or elderly persons residing at the facility, and in which surgery or
other medical treatment customarily given in hospitals is not performed. A convalescent home or rest home shall
be deemed a nursing home. The term shall not include a so-called half-way house or rehabilitation center occupied
by persons under treatment for alcoholism, drug abuse or any contagious disease.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.480 Office.
(a)Professional office means a use providing professional or consulting services, including therapists and
healing arts professionals and other similar service providers that do not create significant odors, noise, or
medical waste. Examples of allowable professional office uses are acupuncturists, traditional ethnic medicine
practitioners, physical therapist, psychologist, cranialsacral therapist, and occupational therapist.
(b)Administrative office means a use providing facilities for the conduct of management and administrative
functions of a business or other enterprise.
(c)Medical office means a use providing consultation, diagnosis, therapeutic, preventative, or corrective
personal treatment services by licensed/certified doctors, dentists, and similar practitioners. Uses with the
primary focus on the dispensing and sale of glasses, contact lenses, nutritional supplements, or medical
devices and products are not a medical office use.
(Amended by Ord. 223 § 2 (part), 2003)
(Ord. No. 307, § 1.C.7, 10-16-2013; Ord. No. 328, § 1(Att. A, § 14), 7-1-2015)
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15-06.485 Open space.
"Open space" means as defined in the Open Space Element of the General Plan.
(Ord. 71.98 § 3 (part), 1991; Ord. 223 § 2 (part), 2003)
15-06.487 Parking district.
"Parking district" means an assessment district formed by the City of Saratoga for the purpose of providing
shared parking for several individual properties.
(Ord. 223 § 2 (part), 2003)
15-06.490 Parking facility.
"Parking facility" means an area on a site or within a building, or both, used or intended for use for parking of
one or more motor vehicles, including aisles, access driveways, turning and maneuvering areas, clearances and
similar features, and meeting the requirements established by this Chapter. The term includes garages, carports,
parking lots and parking structures.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.495 Perennial stream.
"Perennial stream" means a watercourse of persisting water flow throughout the year.
(Ord. 71.98 § 3 (part), 1991; Ord. 223 § 2 (part), 2003)
15-06.500 Repealed. Permeable Paving.
“Permeable paving” refers to a paving system that allows stormwater to seep through and filter into
the soil below. Permeable paving includes paving made of a porous material that enables stormwater to seep
through or blocks designed or spaced so that water can flow through gaps into the soil. Also referred to as
pervious concrete, porous concrete, gap-graded concrete, and open pavers.(Ord. 71.66, adopted September 6,
1989)
15-06.510 Repealed.
(Ord. 223 § 2 (part), 2003)
15-06.516 Quasi-public use.
"Quasi-public use" means a use owned or operated by a nonprofit, religious, medical or charitable
institution, having the primary purpose of serving the general public and providing educational, cultural,
recreational, religious, or similar types of programs.
(Ord. 223 § 2 (part), 2003)
15-06.519 Porch.
"Porch" means a type of building entry with a set of stairs and raised landing attached to the façade. Porches
may be open on two or three sides and may be either engaged within or attached to the front façade. Porches may
be covered or uncovered.
(Ord. No. 399, § 1(Att. 1), 4-3-2024)
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15-06.520 Property line.
"Property line" means lot line, as defined in Section 15-06.430.
(Amended by Ord. 223 § 2 (part), 2003)
(Amended by Ord. No. 272, § 2(Exh. A), 9-16-2009)
15-06.525 Protected creek.
"Protected creek" means any 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, and as may be amended
from time to time.
(Ord. 71-184 § 3, 1998; Ord. 223 § 2 (part), 2003)
15-06.530 Recreational court.
"Recreational court" means any planked, paved or otherwise hard-surfaced outdoor area used primarily for
athletic activities, other than swimming pools, and including, but not limited to, courts for tennis, racquetball,
paddle ball, squash, basketball, and similar activities.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.535 Recreational vehicle.
"Recreational vehicle" means any vehicle used for recreation and designed for human habitation for
recreational, emergency, or other occupancy, and not including passenger vehicles.
(Ord. 244 § 1 (part), 2006)
15-06.540 Religious institution.
"Religious institution" means a use providing facilities for organized religious worship and religious education
and other activities incidental thereto. A property tax exemption obtained pursuant to Section 3(f) of Article XIII of
the State Constitution and Section 206 of the State Revenue and Taxation Code, or successor legislation,
constitutes prima facie evidence that such use is a religious institution.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.550 Restaurant.
"Restaurant" means any eating or drinking establishment having seating capacity which sells or offers for
sale to the public any food or drink for immediate human consumption on the premises, and includes any coffee
shop, cafeteria, short order cafe, luncheonette, tavern, bar, soda fountain or dining room.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.557 Restriction.
"Restriction" means a limitation on property that may be created in a property deed, lease, mortgage,
through certain zoning or subdivision regulations, or as a condition of approval of an application for development.
(Ord. 223 § 2 (part), 2003)
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15-06.560 Retail establishment.
"Retail establishment" means a use engaged in the sale or rental of goods directly to the consumer with no
more than two thousand square feet or twenty-five percent of the total floor area dedicated to food and/or
beverage sales for off-site human consumption. Any use engaged in the sale of personal services is not a retail
establishment.
(Amended by Ord. 223 § 2 (part), 2003; Ord. 236 § 2B, 2005; Ord. 245 § 2 (Att. A) (part), 2006)
(Amended by Ord. No. 305, § 1, 5-1-2013; Ord. No. 360, § 6(Exh. A), 12-5-2018)
15-06.565 Retaining wall.
"Retaining wall" means a structural device constructed and erected to resist lateral pressure from earth or to
retain soil.
(Ord. No. 263, § 1(Att. A), 2-18-2009)
15-06.570 Right-of-way.
"Right-of-way" means a strip or area of land used, or reserved or intended for use, as a street, road or alley,
or to provide pedestrian or equestrian access, or public utility service, or any combination thereof, and includes all
and any part of the entire width or other area of a designated right-of-way, whether or not such entire width or
area is actually used for street, road, alley, pedestrian, equestrian or utility purposes. "Right-of-way" includes
access, pedestrian, equestrian and utility easements.
(a)Public right-of-way means a right-of-way owned by the City or any other public entity or public utility.
(b)Private right-of-way means a right-of-way owned by and for the benefit of one or more persons,
including a right-of-way offered for dedication to the City or to any other public entity which has not
been accepted and on which no improvements or maintenance has regularly been performed by the
City or other public entity.
(c)Railroad right-of-way means a strip of land on which railroad tracks, spur tracks, sidings, switching
equipment and signals are located, and includes the entire width or other area of the designated right-
of-way, whether or not the entire width or area is actually used for such railroad facilities. (
Amended by Ord. 223 § 2 (part), 2003)
15-06.575 Rowhouse.
"Rowhouse" means a single-family dwelling that shares a party wall with another of the same type placed
side-by-side with individual entries along the front and dedicated private open space for each unit. Each unit has
its own front access located at the ground floor. Also known as a townhouse or townhome.
(Ord. No. 399, § 1(Att. 1), 4-3-2024)
15-06.580 Repealed.
(Ord. 223 § 2 (part), 2003)
15-06.581 Santa Clara Valley Urban Runoff Pollution Prevention Program.
"Santa Clara Valley Urban Runoff Pollution Prevention Program" means the current policies and directives
adopted by the Santa Clara Valley Urban Runoff Pollution Prevention Program, including but not limited to the
National Pollutant Discharge Elimination System (NPDES).
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(Ord. 229 § 2 (part), 2004)
(Ord. No. 307, § 1.C.8, 10-16-2013)
15-06.585 Personal service business.
"Personal service business" means a use that sells any personal convenience services directly to the public,
including but not limited to, barbers, beauty salons, nail salons, hair removal and/or replacement, piercing,
tattooing, psychics, cleaners, tailors, dog grooming, yoga studios, fitness centers and other services of a similar
nature. Personal service business does not include travel agencies, insurance offices, law offices, or any other type
of office use.
(Amended by Ord. 223 § 2 (part), 2003; Ord. 236 § 2A, 2005)
15-06.587 Setback.
"Setback" means the minimum distance between the structure and any lot line. Where a street line is
located within the boundaries of a site, the required setback shall be measured from such street line instead of the
lot line. (Amended by Ord. 223 § 2 (part), 2003)
(Amended by Ord. No. 272, § 2(Exh. A), 9-16-2009)
15-06.588 Setback area.
(a)Front setback area means that portion of a site bounded by the side lot lines, the front lot line, and the front
setback line, located the required minimum distance from the front lot line.
(b)Side setback area means that portion of a site bounded by the front setback area, the rear setback area, the
side lot line, and the side setback line, located the required minimum distance from the side lot line.
(1)Exterior side setback area means that portion of a site bounded by the front setback area, the rear
setback area, the exterior side lot line, and the exterior side setback line, located the required
minimum distance from the exterior side lot line of a corner lot. Exterior side setback areas exist only
on corner lots.
(2)Interior side setback area means that portion of a site bounded by the front setback area, the rear
setback area, the interior side lot line, and the interior side setback line, located the required minimum
distance from the interior side lot line.
(c)Rear setback area means that portion of a site bounded by the side lot lines, the rear lot line or the rearmost
portion of the lot if there is no rear lot line, and the rear setback line, located the required minimum distance
from the rear lot line or the rearmost portion of the lot if there is no rear lot line.
(d)[Lot line located in street.]When a lot line is located in a street, the setback area shall be measured from the
right-of-way line, street line, or the plan line of a street (if any, and defined as the ultimate City-determined
improvement line for a specific street segment), instead of the lot line.
(Ord. 245 § 2 (Att. A) (part), 2006; Amended by Ord. No. 272, § 2(Exh. A), 9-16-2009)
15-06.590 Setback line.
"Setback line" means a line that is located at the required minimum distance from any lot line, which
establishes area within which the principal structure, a fence or a wall greater than six feet, and certain enclosed
accessory structures listed in Section 15-80.030(d) must be erected or placed.
(Amended by Ord. 223 § 2 (part), 2003)
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15-06.595 Shopfront.
"Shopfront" means a type of building entry typically used for commercial and retail use where the façade is
aligned close to the frontage line with the building entrance at the level of the sidewalk.
(Ord. No. 399, § 1(Att. 1), 4-3-2024)
15-06.600 Shopping center.
"Shopping center" means a group of five or more retail service establishments, planned, developed, owned
or managed as a unit, with off-street parking provided on the site.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.605 Sight triangle.
"Sight triangle" means a triangular-shaped portion of land established at street intersections pursuant to
Section 15-29.010(e) in which nothing is erected, placed, or planted or allowed to grow in such a manner as to limit
or obstruct the sight distance of motorist entering or leaving the intersection.
(Ord. 223 § 2 (part), 2003)
15-06.610 Sign.
See Section 15-30.020 in this Chapter for all definitions related to signs.
(Amended by Ord. 223 § 2 (part), 2003; Ord. No. 294, § 1.A.1., 9-5-2012)
15-06.615 Single-room occupancy building.
"Single-room occupancy (SRO) building" means any building containing five or more rental units dedicated to
providing housing for persons with disabilities, the elderly or lower-income individuals. SRO buildings contain
either individual or common cooking and/or bathroom facilities. SRO units are individual living spaces within an
SRO building.
(Ord. No. 313, § 1.1, 2-5-2014)
15-06.620 Site.
"Site" means a lot, as defined in Section 15-06.420.
(a)Gross site area means the total horizontal area included within the property lines of a single site.
(b)Net site area means that portion of gross site area remaining after deducting therefrom the following:
(1)Any portion of a site within the right-of-way of an existing public or private street, road or access
easement, except an emergency access street;
(2)Any portion of a site within the proposed right-of-way of a future street (except an emergency
access street), as shown on an approved tentative subdivision map or a recorded subdivision
map;
(3)The portion of a flag lot constituting the access corridor where the length of the corridor is
measured from the front lot line to the frontage line of the corridor at the street;
(4)Any portion of a site within an easement to the Santa Clara Valley Water District;
(5)Those areas which are classified by the City Geologist as "Md"; and
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(6)Any quarries, unless shown to be suitable for development, as determined by a detailed
geotechnical analysis approved by the City Geologist.
(c)Site frontage means the length of the front lot line.
(d)Site width means the horizontal distance between side lot lines, measured at right angles to the site
depth at a point midway between the front and rear lot lines, or if there is no rear lot line, at the
midway points of the intersecting side lot lines.
(e)Site depth means the horizontal distance from the midpoint of the front lot line to the midpoint of the
rear lot line, or to the most distant point on any other lot line where there is no rear lot line.
(f)Site coverage means the percentage of net site area covered by impervious surfaces including all
structures, open or enclosed, or projections of structures.
(Amended by Ord. 223 § 2 (part), 2003; Ord. No. 307, § 1.C.6, 10-16-2013; Ord. No. 320, § 1.F.13, 11-5-2014)
15-06.630 Slope.
"Slope" means the average slope of the net site area determined by the following formula, and rounded to
the nearest whole percent:
S = 0.002296 x I x L
A
Where: S = average natural slope in percent
I = natural contour interval in feet (at intervals of
not more than five feet)
L = length of natural contours in feet
A = acres of property (parcel of record existing on
November 13, 1979)
0.002296 = constant which converts square feet into
acres and expresses slope in percent
(Amended by Ord. 71-182 § 1, 1998; Ord. 223 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006)
15-06.640 Stable.
"Stable" means any building or structure or portion thereof designed or used for the housing or feeding of an
equine or equines or other livestock.
(a)Boarding stable means any stable or corral where equines are lodged or fed for remuneration.
(b)Commercial stable means any establishment providing services or shelter for equines owned and used
by someone other than the occupant or owner of the residence and including but not limited to
boarding stables, riding schools, related shows, lessons, clinics and similar activities, but not including
community stables.
(c)Community stable means a private stable or corral designed, owned and used solely by residents and
guests of a particular area, for the keeping or use of equines in private ownership, for homeowners,
private clubs, or riding schools, where riding lessons are not open to the public and no equines are
offered to the public for remuneration, hire or sale.
(Amended by Ord. 223 § 2 (part), 2003)
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15-06.645 Stoop.
"Stoop" means a type of building entry where the façade is set back front the property line by a distance that
is generally equal to the depth of the entry stairs and landing; the first story elevated from the sidewalk sufficiently
to secure privacy for first-story windows; and the entrance is accessed via an exterior stair and landing and/or
ramp.
(Ord. No. 399, § 1(Att. 1), 4-3-2024)
15-06.650 Storage.
(a)On-site storage means the use of a site or structure, or portion thereof, for the keeping of materials,
supplies, inventory, equipment, or other items of personal property owned by the occupant of the site or
structure and kept in connection with such occupant's use of the premises. "Storage" does not include any
area where merchandise offered for sale is on display or where retail services are otherwise being rendered,
nor does the term include any area generally accessible to persons other than the occupant who may
lawfully come upon the premises.
(b)Off-site storage means the use of a site or structure, or portion thereof, for the keeping of materials,
supplies, inventory, equipment, or other items of personal property which is not owned by the occupant of
the site or structure.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.655 Story.
"Story" means that portion of a building included between the surface of any floor and the surface of the
floor next above, or if there is no floor above, then the space between the floor and the ceiling or roof next above.
Basements are excluded from being considered a story.
(Amended by Ord. 71.99 § 2, 1991; Ord. 223 § 2 (part), 2003)
15-06.660 Street.
"Street" means an existing permanent public or private right-of-way, which is used as the principal means of
access to abutting properties.
(a)Public street means a street owned and maintained by the City, the County or the State, including
streets offered for dedication, which have been regularly maintained or improved by the City, the
County or the State.
(b)Private street means a street in private ownership and used or intended for motor vehicle travel by the
owners of the street and persons having express or implied permission from the owners to use such
street. Driveways serving four or fewer parcels are not considered streets.
(c)Street line means the boundary of a street right-of-way.
(d)Emergency access street.See Section 15-06.250.
(Amended by Ord. 223 § 2 (part), 2003)
15-06-665 Street Wall.
"Street wall" means the wall of a building or portion of a wall facing a right-of-way that is below any required
upper-story step-back or angular plane, excluding minor recesses for elements such as doorways or intrusions such
as bay windows.
(Ord. No. 399, § 1(Att. 1), 4-3-2024)
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15-06.670 Structure.
"Structure" means that which is built or constructed which requires a location on the ground, an edifice or
building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite
manner. "Structure" includes retaining walls, decks, patios, swimming pools, and recreational courts but does not
include a fence not exceeding six feet in height.
(a)Main structure means a structure housing the principal use of a site or functioning as the principal use.
(b)Accessory structure is as defined in this Chapter.
(Amended by Ord. 223 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006)
15-06.680 Subdivision Ordinance.
"Subdivision Ordinance" means the Subdivision Ordinance of the City as contained in Chapter 14 of this
Code.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.685 Subterranean Structure.
"Subterranean Structure" includes a cellar, bunker, or other attached or detached structure that (a) is not
located beneath the building footprint of a structure; (b) does not encroach into setback areas; (c) is located wholly
underground below natural and/or finish grade, whichever is lower, except for required ingress/egress, lighting
and ventilation; and (d) is not visible from the public right-of-way. The floor area of subterranean structures is not
counted against a property's maximum floor area and only fifty percent of the floor area is counted against a
property's maximum site coverage.
(Ord. No. 307, § 1.C.9, 10-16-2013; Ord. No. 364, § 1(Exh. A), 9-4-2019)
15-06.690 Swimming pool.
"Swimming pool" means a pool, pond, open tank or tub capable of containing water to a depth of two feet at
any point, the primary purpose of which is swimming, wading or other recreational use. The term includes spa and
hot tub.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.695 Tasting room.
Tasting room means a commercial establishment that does not contain a kitchen and is devoted to the
sampling, consumption, and sales of wine or beer produced on or off the premises.
(Ord. No. 292, § 1(Exh. A), 7-18-2012)
15-06.697 Terrace.
"Terrace" means a type of building entry where an elevated walkway along the primary facade allows for
pedestrian circulation and direct building access to a finished floor above street level. Terraces may serve multiple
entrances.
(Ord. No. 399, § 1(Att. 1), 4-3-2024)
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15-06.700 Use.
"Use" means the conduct of an activity, or the performance of a function or operation, on a site or within a
structure.
(a)Principal use means a use which fulfills a primary function of a household, establishment, institution or
other entity, or the primary function of a site or structure.
(b)Accessory use means a use which is subordinate and incidental to, and customarily associated with, a
specified principal use, and which is conducted on the same site as the principal use.
(c)Permitted use means a use listed by the regulations of any particular district as a permitted use within
that district, and generally permitted therein as a matter of right when conducted in accord with the
purposes, objectives and regulations established by this Chapter.
(d)Conditional use means a use listed by the regulations of any particular district as a conditional use
within that district, and allowable therein solely on a discretionary and conditional basis, subject to the
issuance of a conditional use permit and to all other purposes, objectives and regulations established
by this Chapter.
(e)Change of use means the replacement of an existing use by a new use, or a change in the nature of an
existing use, but not including a change of ownership, tenancy, or management where the previous
nature of the use, line of business, or other function is substantially unchanged.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.702 Variance.
"Variance" means permission to depart from the literal requirements of the Zoning Ordinance with respect
to site area, site frontage, site width and depth, site coverage, setbacks for front, side and rear setback areas,
allowable floor area, height of structures, distance between structures, signs, off-street parking and loading
facilities, fences, walls and hedges, and alteration or expansion of nonconforming structures, in accordance with
the procedures and requirements set forth in this Chapter. The Planning Commission must make specific findings
of fact (or the City Council on appeal) to grant this permission; see Article 15-70 of this Code.
(Ord. 223 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006)
15-06.704 Vested right.
"Vested right" means a right that cannot be changed or altered by subsequent changes in regulation.
(Ord. 223 § 2 (part), 2003)
15-06.710 Village.
"Village" means the area of the City subject to the Saratoga Village Specific Plan, as adopted by the City on
May 18, 1988, and classified pursuant to this Chapter as either CH-1 or CH-2.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.715 Watercourse.
"Watercourse" means the elongated channel or depression whether natural or manmade, in which water
does or may flow and may include the overflow area, if any, of such channel or depression.
(Ord. 71.98 § 3 (part), 1991; Ord. 223 § 2 (part), 2003)
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15-06.720 Repealed.
(Ord. 245 § 2 (Att. A) (part), 2006)
15-06.725 Winery.
"Winery" means a commercial agricultural facility primarily used for the fermenting and processing of fruit
juice into wine. Processing can include wholesale sales, crushing, fermenting, blending, aging, storage, bottling,
administrative office functions for the winery and warehousing. Special events, retail sales and tasting rooms may
be permitted as part of the winery operations.
(Ord. No. 360, § 6(Exh. A), 12-5-2018)
15-06.730 Zoning clearance.
"Zoning clearance" means a certification from the Community Development Director that a project as shown
on construction drawings complies with all applicable zoning regulations and development conditions (e.g.,
conditions of approval). A zoning clearance shall not constitute a representation or warranty by the City to the
owner of the property or to any other person with respect to the statements contained therein, nor shall the
issuance of a zoning clearance prevent the City from enforcing any zoning regulation or development condition if a
violation of the same is later found to exist.
(Ord. No. 272, § 2(Exh. A), 9-16-2009)
15-06.740 Zoning map.
"Zoning map" means the set of maps that are part of the Zoning Ordinance and delineate the boundaries of
zone districts.
(Ord. 223 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006)
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Chapter 15 - ZONING REGULATIONS
Article 15-12 - R-1: SINGLE-FAMILY RESIDENTIAL DISTRICTS
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Article 15-12 R-1: SINGLE-FAMILY RESIDENTIAL DISTRICTS
1
15-12.000 Purposes of Article.
In addition to the objectives set forth in Section 15-05.020, the single-family residential districts are included in the
Zoning Ordinance to achieve the following purposes:
(a)To reserve appropriately located areas for family living at a reasonable range of population densities consistent
with sound standards of public health and safety.
(b)To ensure adequate light, air, privacy and open space for each single-family dwelling unit.
(c)To protect single-family dwellings from the congestion and lack of privacy associated with multi-family
dwellings.
(d)To provide space for community facilities needed to complement residential areas and for institutions, which
require a residential environment.
(e)To protect residential properties from the hazards, noise and congestion created by commercial and industrial
uses.
(f)To protect residential properties from fire, explosion, noxious fumes, noise, excessive light or glare and other
hazards.
(Amended by Ord. 221 § 2 (part), 2003)
15-12.020 Permitted uses.
The following permitted uses shall be allowed in the R-1 districts:
(a)Single-family dwellings including employee housing for six (6) or fewer employees.
(b) Dwelling units allowed per Article 15-57, Ministerial Consideration of Qualifying Projects.
(b)(c)Transitional and supportive housing, as defined by Government Code Section 65582, subdivisions (g) and (j)
and Low Barrier Navigation Centers, as defined by Government Code Section 65660 as they may be amended from
time to time.
(c)(d) Group homes, Class 1 and Class 2.
(d)(e) Accessory structures and uses located on the same site as a permitted use, including garages and carports,
garden sheds, greenhouses, shade structures, recreation rooms, home hobby shops, cabanas, structures for housing
swimming pool equipment, accessory dwelling units and junior accessory dwelling units as permitted pursuant to
Articles 15-56 and 15-57 of this Chapter, and guest houses.
(e)(f) Home occupations, conducted in accordance with the regulations prescribed in Article 15-40 of this Chapter.
1Note(s)—Prior ordinance history: Ords. 71.87, 71.99, 71-106, 71-156, 71-163, 71-185, 71-199 and 205.
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(f)(g)Stables and corrals for the keeping for private use of one horse for each forty thousand square feet of net site
area; provided, however, that in the equestrian zone only, one additional horse may be permitted on the first forty
thousand square feet of net site area, and an additional horse may be permitted for each additional forty thousand
square feet of net site area. All horses shall be subject to the regulations and license provisions set forth in Section
7-20.220 of this Code.
(g)(h)Swimming pools used solely by persons resident on the site and their guests.
(h)(i)The keeping for private use of a reasonable number of domestic dogs, cats and other small mammals, birds,
fish and small reptiles, subject to the regulations as set forth in Article 7-20 of this Code, and subject also to the
restrictions and standards prescribed in Section 15-11.020(h) of this Chapter.
(i)(j)Except as specified in Section 15-12.030, recreational courts, to be used solely by persons resident on the site
and their guests.
(j)(k)Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other
wireless communications, subject to design review under Article 15-46.
(k)(l)Rotating emergency shelter, provided the following conditions are met:
(1) The shelter is located on a property identified as community facilities site on the City’s General Plan Land
Use map.
(2) The number of occupants does not exceed thirty.
(3) The hours of operation do not exceed 6:00 P.M. to 8:00 A.M.
(4) The operational period for each property does not exceed three months each year.
(5) An annual operational plan that has been approved by the City Manager, or his/her designee, and the
County Sheriff to be in compliance with the City’s administrative guidelines for rotating emergency shelters.
City may withdraw approval in the event the plan is not being followed. A rotating emergency shelter may
not operate without a City approved annual operational plan.
(l)(m)Manufactured homes.
(Amended by Ord. 221 § 2 (part), 2003)
(Ord. No. 272, § 2(Exh. A), 9-16-2009; Ord. No. 324, § 1.4, 12-17-2014; Ord. No. 348, § 1(Att. A, § 8), 1-18-2017; Ord.
No. 355, 6-6-2018; Ord. No. 361, § 1(Exh. A), 2-6-2019; Ord. No. 399, § 1(Att. 1), 4-3-2024)
15-12.030 Conditional uses.
The following conditional uses may be allowed in the R-1 districts, upon the granting of a use permit pursuant to
Article 15-55 of this Chapter:
(a)Accessory structures and uses located on the same site as a conditional use.
(b)Community facilities.
(c)Institutional facilities.
(d)Police and fire stations and other public buildings, structures and facilities.
(e)Religious and charitable institutions.
(f)Nursing homes and day care facilities, in excess of six persons being cared for at the facility.
(g)Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks
and transmission lines.
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(h)Recreational courts, to be used solely by persons resident on the site and their guests, where the lot is located
in an R-1 district that is combined with a P-C district or is part of a planned residential development.
(i)Boarding stables and community stables, subject to the regulations prescribed in Section 7-20.220 of this Code.
(j)Model homes utilized in connection with the sale of new single-family dwellings in a subdivision, located upon
a lot within the same subdivision or, in the discretion of the Planning Commission, upon a lot within another
subdivision developed by the applicant, for such period of time as determined by the Planning Commission, not
to exceed an initial term of one year and not exceeding a term of one year for each extension thereof.
(k)Cemeteries.
(l)Group homes, Class 3.
(Amended by Ord. 221 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006)
(Ord. No. 272, § 2(Exh. A), 9-16-2009; Ord. No. 359, § 1(Att. A), 12-5-2018; Ord. No. 399, § 1(Att. 1), 4-3-2024)
15-12.040 One d Dwelling units per site.
Not more than one dwelling unit shall be located on each site, except for:
(a) Aaccessory dwelling units and junior accessory dwelling units permitted pursuant to Article 15-56 of this
Chapter, and
(a)(b)additional Ddwelling unit(s) permitted pursuant to Article 15-57 of this Chapter.
(Amended by Ord. 221 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006)
(Ord. No. 348, § 1(Att. A, § 8), 1-18-2017; Ord. No. 355, 6-6-2018; Ord. No. 399, § 1(Att. 1), 4-3-2024)
15-12.050 Site area.
The minimum net site area in each R-1 district shall be as follows:
District Interior Lot Corner Lot Flag Lot Hillside Lot
R-1-10,000 10,000 sq. ft. 12,000 sq. ft. 20,000 sq. ft. 40,000 sq. ft.
R-1-12,500 12,500 sq. ft. 15,000 sq. ft. 20,000 sq. ft. 40,000 sq. ft.
R-1-15,000 15,000 sq. ft. 18,000 sq. ft. 20,000 sq. ft. 40,000 sq. ft.
R-1-20,000 20,000 sq. ft. 24,000 sq. ft. 20,000 sq. ft. 40,000 sq. ft.
R-1-40,000 40,000 sq. ft. 48,000 sq. ft. 40,000 sq. ft. 40,000 sq. ft.
(Amended by Ord. 221 § 2 (part), 2003)
15-12.060 Density of hillside subdivisions.
In the case of a hillside subdivision, as defined in Section 14-10.140 of the Subdivision Ordinance, located within any
R-1 district, the maximum number of dwelling units (density) shall be as follows, unless otherwise provided in Article
15-57:
(a) Determination of density.Except as otherwise provided in subsection (c) of this Section, the maximum density
of a hillside subdivision shall be determined by dividing the net site area of the property to be divided by the
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4 | City of Saratoga Public Review Draft Zoning Code Amendments
average acres per dwelling unit, rounding up to the next whole number where a fraction of more than .50 is
obtained.
(b) Average acres per dwelling unit.The average acres per dwelling unit shall be determined by the following
slope/density formula:
Average acres per dwelling unit = 1/1.089 — .01778 (S)
Where: S = average slope in percent, as calculated in accordance with Section 15-06.630 of this Chapter.
(c)Reduction of density. The City may require a reduction in the number of dwelling units below the maximum
number otherwise permitted under subsection (a) of this Section if the City determines that such reduction is
necessary or appropriate by reason of site conditions including, but not limited to, geologic hazards.
(Amended by Ord. 221 § 2 (part), 2003)
15-12.061 Location of building sites.
The average natural grade of the footprint underneath any dwelling unit, swimming pool or other structure shall not
exceed thirty percent slope, and no dwelling unit, swimming pool or other structure shall be built upon a slope which
exceeds forty percent natural slope at any location under the structure between two five-foot contour lines, except
that:
(a)A variance pursuant to Article 15-70 of this Chapter may be granted where the findings prescribed in Section
15-70.060 can be made.
(b)An exception under Article 14-35 of the Subdivision Ordinance may be granted where the findings prescribed in
Section 14-35.020 can be made.
(Amended by Ord. 221 § 2 (part), 2003)
(Ord. No. 354, § 1(Exh. A), 12-20-2017)
15-12.070 Site frontage, width and depth.
(a)The minimum site frontage, width and depth in each R-1 district shall be as follows, except to the extent Article
15-57 provides otherwise:
District Site Frontage Site Width Site Depth
R-1-10,000 60 ft. 85 ft. 115 ft.
R-1-12,500 65 ft. 90 ft. 120 ft.
R-1-15,000 70 ft. 100 ft. 125 ft.
R-1-20,000 80 ft. 110 ft. 140 ft.
R-1-40,000 100 ft. 150 ft. 150 ft.
(b)Notwithstanding the provisions of subsection (a) of this Section:
(1) The site width of a corner lot shall be not less than one hundred feet.
(2) The minimum site frontage on a cul-de-sac turnaround shall be sixty feet where seventy-five percent or
more of the frontage abuts the turnaround.
(3) The frontage and width of an access corridor to a flag lot shall be not less than twenty feet.
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Article 15-12 - R-1: SINGLE-FAMILY RESIDENTIAL DISTRICTS
Public Review Draft Zoning Code Amendments City of Saratoga | 5
(Amended by Ord. 221 § 2 (part), 2003)
15-12.080 Site coverage.
The maximum site coverage, as defined in Section 15-06.620(f), in each R-1 district shall be as set forth in the
following table and, where applicable, as allocated by Article 15-57, Ministerial Consideration of Qualifying
Projects. Solid surface decks and compacted surfaces made of porous materials used for walkways, driveways and
patios will be counted at only fifty percent of the total area of such surfaces for determining the calculation of site
coverage within this Section.
District Coverage (percent)
R-1-10,000 60
R-1-12,500 55
R-1-15,000 50
R-1-20,000 45
R-1-40,000 35
(Amended by Ord. 221 § 2 (part), 2003)
(Ord. No. 293, § 2.C, 6-20-2012)
15-12.085 Allowable floor area for R-1, HR, ROS and A zone districts.
(a) Definition."Floor area" is defined in City Code Section 15-06.280. As used in this Article, any space with an
interior height of fifteen feet or greater shall be double counted towards the maximum floor area allowance.
The allowable floor area is based upon the net site area calculated in accordance with Section 15-06.620 and
any slope reduction provided in Section 15-12.085(c).
(b) Maximum standards.The standards set forth in this Section are intended to be maximum figures and the
Planning Commission may, in considering any application over which it has design review authority pursuant
to Section 15.45-060(a),require that the floor area be reduced below the applicable standard if such reduction
is necessary in order to make the findings prescribed in City Code Section 15-45.080.
(c) Slope adjustment.If the average slope of the lot is more than ten percent, the net site area of the lot shall be
reduced as follows:
*Average Slope of the Lot Percentage of Net Site Area to be Deducted
10.01—20% 10% plus 2% for each 1 percent of slope over 10%
20.01—30% 30% plus 3% for each 1 percent of slope over 20%
Over 30% 60%
*Where the average slope is a fractional number, it shall be rounded up to the next whole number.
(d) Maximum floor area for R-1, HR, ROS and A zone districts.The maximum allowable floor area shall be the
lesser of the standards specified in the two following tables, as allocated, where applicable, pursuant to Article
15.57:
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**Lot Size (Net Site Area) Floor Area Standard
4,999 sq. ft. or less 2,400 sq. ft.To be determined by Planning Commission
5,000—10,000 sq. ft. 2,400 sq. ft. plus 160 sq. ft. for each 1,000 sq. ft. of net site area over 5,000 sq. ft.
10,001—15,000 sq. ft. 3,200 sq. ft. plus 170 sq. ft. for each 1,000 sq. ft. of net site area over 10,000 sq. ft.
15,001—40,000 sq. ft. 4,050 sq. ft. plus 78 sq. ft. for each 1,000 sq. ft. of net site area over 15,000 sq. ft.
40,001—80,000 sq. ft. 6,000 sq. ft. plus 20 sq. ft. for each 1,000 sq. ft. of net site area over 40,000 sq. ft.
80,001—200,000 sq. ft. 6,800 sq. ft. plus 10 sq. ft. for each 1,000 sq. ft. of net site area over 80,000 sq. ft.
200,000 + 8,000 sq. ft. is the maximum allowable square footage
Zone District Maximum Floor Area (for larger than standard lots)
R-1—10,000 4,400
R-1—12,500 4,830
R-1—15,000 5,220
R-1—20,000 6,000
R-1—40,000 7,200
HR and A 8,000
ROS In accordance with Section 15-20.085 of this Article
**Where the net site area over 5,000 square feet is a fractional number, it shall be rounded up to the next whole thousand (i.e., 5,001 would be
rounded up to 6,000).
(Ord. No. 314, § 1, 3-5-2014)
15-12.090 Front, side, and rear setback areas.
(a)For any nonconformingsite, as defined in this Chapter, the requirements provided in Section 15-65.040(b) apply
to the site. For any conforming site, the minimum setback area requirements in the R-1 district, are as follows
except as otherwise provided in Article 15-57:
(1)Front setback area.The minimum front setback area of any lot in each R-1 district shall be the distance
from the front lot line indicated in the following table:
District Front Setback Area
R-1-10,000 25 ft.
R-1-12,500 25 ft.
R-1-15,000 25 ft.
R-1-20,000 30 ft.
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R-1-40,000 30 ft.
(2)Side setback area of interior lots.The minimum side setback area of any interior lot in each R-1 district
shall be the distance from the applicable side lot line indicated in the following table for each side setback
area:
District First Floor Second Floor
Side Setback Area Side Setback Area
R-1-10,000 10 ft. 15 ft.
R-1-12,500 10 ft. 15 ft.
R-1-15,000 12 ft. 17 ft.
R-1-20,000 15 ft. 20 ft.
R-1-40,000 20 ft. 25 ft.
(3)Side setback area of corner lots.The minimum side setback area of any corner lot in each R-1 district shall
be the distance from the applicable side lot line indicated in the following table:
District First Floor
Interior
Second Floor
Interior
First Floor
Exterior
Second Floor
Exterior
Side Setback Area Side Setback Area Side Setback Area Side Setback Area
R-1-10,000 10 ft. 15 ft. 25 ft. 30 ft.
R-1-12,500 10 ft. 15 ft. 25 ft. 30 ft.
R-1-15,000 12 ft. 17 ft. 25 ft. 30 ft.
R-1-20,000 15 ft. 20 ft. 25 ft. 30 ft.
R-1-40,000 20 ft. 25 ft. 25 ft. 30 ft.
(4)Rear setback area of corner lots.The minimum rear setback area of any corner lot in each R-1 district shall
be the distance from the rear lot line indicated in the following table:
District First Floor Second Floor
Rear Setback Area Rear Setback Area
R-1-10,000 10 ft. 10 ft.
R-1-12,500 10 ft. 10 ft.
R-1-15,000 12 ft. 12 ft.
R-1-20,000 15 ft. 15 ft.
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R-1-40,000 20 ft. 20 ft.
(5)Rear setback area of interior lots.The minimum rear setback area of any interior lot in each R-1 district
shall be the distance from the rear lot line indicated in the following table:
District First Floor Second Floor
Rear Setback Area Rear Setback Area
R-1-10,000 25 ft. 35 ft.
R-1-12,500 25 ft. 35 ft.
R-1-15,000 30 ft. 40 ft.
R-1-20,000 35 ft. 45 ft.
R-1-40,000 50 ft. 60 ft.
(b)(b) The determination of setback areas for flag lots is as provided in Section 15-06.430(a). (Amended by Ord.
221 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006)
(Amended by Ord. No. 273, § 1(att. A), 9-16-2009)
15-12.095 Landscaping.
(a)Notwithstanding the maximum standards for site coverage, at least fifty percent of the required front setback
area of any lot and the exterior side setback area of a corner lot must have live trees, shrubs, lawns, other live
plant materials or decorative landscaping installed. For the purpose of this Section, "decorative landscaping"
means decorative non-live materials such as rocks, gravel, or bark and does not include asphalt, cement or any
other impervious surface.
(b)No more than fifty percent of the required front setback area of any lot and the exterior side setback area of a
corner lot may be covered with impervious surfaces.
(Ord. No. 314, § 1, 3-5-2014)
15-12.100 Height of structures.
(a)No single-family dwelling shall exceed twenty-six feet in height; provided, however, the Planning Commission
may approve a structure up to thirty feet in height if the Commission finds and determines that:
(1) The additional height is a necessary component of an identifiable and well documented architectural style;
and
(2) The design of the structure will be similar in scale with structures in the surrounding neighborhood; and
(3) The net lot size used for determining floor area exceeds twenty-thousand square feet.
(b)No accessory structure shall exceed fifteen feet in height; provided, however, the Planning Commission may
approve an accessory structure extending up to twenty feet in height if the Commission finds and determines
that:
(1) The additional height is necessary in order to establish architectural compatibility with the main structure
on the site; and
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Article 15-12 - R-1: SINGLE-FAMILY RESIDENTIAL DISTRICTS
Public Review Draft Zoning Code Amendments City of Saratoga | 9
(2) The accessory structure will be similar in scale with structures in the surrounding neighborhood.
(c)No structure shall exceed two stories, except that pursuant to a use permit issued under Article 15-55 of this
Chapter, a three-story structure may be allowed for an institutional facility located upon a site designated for
community facilities (CFS) in the General Plan, where the average slope underneath the structure is ten percent
or greater and a stepped building pad is used.
(Amended by Ord. 221 § 2 (part), 2003)
(Ord. No. 284, § 1(Att. A), 5-18-2011; Ord. No. 314, § 1, 3-5-2014)
15-12.108 Building and Site Design Standards.
The following structures must comply with the standards of Article 15-59 Single-Family Dwelling Design Standards:
(a) Single-family dwellings including employee housing for six (6) or fewer employees.
(b) Dwelling units allowed per Article 15-57, Ministerial Consideration of Qualifying Projects.
15-12.110 Accessory uses and structures.
Accessory uses and structures shall comply with the regulations specialrulesas setforth in Section 15-80.030 of this
Chapter.
(Amended by Ord. 221 § 2 (part), 2003)
15-12.120 Fences, walls and hedges.
Fences, walls and hedges shall comply with the regulations set forth in Article 15-29 of this Chapter.
(Amended by Ord. 221 § 2 (part), 2003)
15-12.130 Signs.
No sign of any character shall be erected or displayed in any R-1 district, except as permitted under the regulations
set forth in Article 15-30 of this Chapter.
(Amended by Ord. 221 § 2 (part), 2003)
15-12.140 Off-street parking and loading facilities.
Off-street parking and loading facilities shall be provided for each use on the site, in accordance with the regulations
set forth in Article 15-35 of this Chapter. Any permitted intensification of a use or expansion of a structure must
comply with current parking standards.
(Amended by Ord. 221 § 2 (part), 2003)
(Ord. No. 320, § 1.F.14, 11-5-2014)
15-12.150 Design review.
The construction or expansion of any main or accessory structure in an R-1 district shall comply with the applicable
design review regulations set forth in Article 15-45 of this Chapter to the extent not precluded by another section of
this Chapter or State Law.
(Amended by Ord. 221 § 2 (part), 2003)
(Ord. No. 399, § 1(Att. 1), 4-3-2024)
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15-12.160 Storage of personal property and materials.
(a)Unenclosed storage of personal property is not permitted in this district, except as provided in subsection (b) of
this Section.
(b)Unenclosed storage of personal property is permitted in this district in any area other than any portion of any
required front setback area, any required exterior side or rear setback area of corner lots, rear setback area of
double frontage lots and any unimproved parcel or any unimproved right-of-way of any public street, in which
areas such storage is prohibited. In those prohibited areas, one or more of the items listed in subsections (b)(1)
through (6) of this Section may be stored so long as such storage is not for any period of time in excess of five
consecutive days and not in excess of a total of eighteen days in any calendar year. For example, if multiple
items listed in subsections (b)(1) through (6) of this Section are stored concurrently in the prohibited areas for
five consecutive days, such storage shall constitute a total of five days of the eighteen days allowed per calendar
year. On the other hand, if, for example, a boat is stored for four consecutive days and subsequently a
recreational vehicle is stored for three consecutive days, such storage shall constitute a total of seven days of
the eighteen days allowed per calendar year. There shall be at least fifteen calendar days' separation between
any such uses in consecutive calendar years. No item prohibited by this Section from additional time of storage
may be stored on such site or setback area unless in compliance with subsection (c) of this Section or pursuant
to a temporary storage permit issued pursuant to subsection (d) of this Section.
(1) Motor vehicles, except this Section does not limit storage of automobiles in fully operational condition and
currently registered and licensed for operation on public highways and capable of normal daily use by the
occupants of the site.
(2) Recreational vehicles and trailers of any kind or make. Camper units detached from the truck or other motor
vehicle for which they are designed or customarily used shall be considered trailers for the purpose of this
Section.
(3) Boats.
(4) Parts of any of the items of property described in subsection (b)(1), (2) or (3) of this Section.
(5) Building or construction materials, except this Section does not limit storage of those materials reasonably
required for work under construction on the premises pursuant to a valid and effective building permit
issued in accord with Chapter 16 of this Code, or for work as to which no building permit is required and
which involves storage for no more than thirty days. In the event the building permit is for new construction
or remodeling affecting more than fifty percent of either the floor area or the exterior walls, Section 16-
75.050 shall apply.
(6) Storage containers.
(c)The items of property described in subsection (b) of this Section may be stored in exterior side and rear setback
area of corner lots and rear setback area of double frontage lots for periods in excess of five consecutive days
or a total of eighteen days in any calendar year where a fence has been legally constructed and/or a compact
evergreen hedge or other evergreen screening has been legally installed of at least six feet in height and of a
type which screens the stored property from public view and reasonably prevents such property from becoming
a nuisance.
(d)The Community Development Director shall have authority, in cases of practical difficulty or hardship, to grant
temporary permits for storage of the items of property described in subsection (b) of this Section in the front,
side or rear setback area of sites for limited periods of time in excess of five consecutive days or in excess of
eighteen days per calendar year. Application for such storage permits shall be in writing, on forms furnished by
the City and shall include a site plan showing the area of the requested storage. Any permit issued pursuant
thereto shall be in writing, shall describe the personal property to be stored, and the location and time limit of
the storage. The Community Development Director may impose reasonable conditions in any such storage
permit, which shall be agreed to in writing on the face of the permit by the applicant prior to the permit being
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Article 15-12 - R-1: SINGLE-FAMILY RESIDENTIAL DISTRICTS
Public Review Draft Zoning Code Amendments City of Saratoga | 11
issued. No such permit may cause the calendar year limit to be exceeded by more than an additional fourteen
days unless at least ten days before a decision on the application is made, notice has been given to all owners
of property within three hundred feet of the parcel on which the storage is proposed. The Community
Development Director shall also have the authority, for good cause, to reduce the separation between uses in
consecutive calendar years, or allow continued temporary storage while an application or appeal is pending.
(e)For purposes of this Section, the term "unenclosed storage" means storage of items which are not completely
enclosed within a structure or completely screened from public view by a permanent solid fence or wall which
structure, fence or wall has been constructed or installed in accordance with Chapter 15 of this Code.
(Ord. 244 § 1 (part), 2006: Amended by Ord. 221 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006)
(Ord. No. 342, § 1(Att. A, § 3), 10-19-2016)
1856448.1
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Article 15-29 - FENCES
Public Review Draft Zoning Code Amendments City of Saratoga | 1
Article 15-29 FENCES
1
15-29.010 Height restrictions.
(a)General regulations.A building permit shall be required for any solid fence more than six feet in height. Height
maximums and permitted materials for fences shall be as follows:
(1)Solid fences.Except as otherwise specified in this Article, no solid fence shall exceed six feet in height.
However, up to two feet of lattice (or similar material) that is at least twenty-five percent open to the
passage of light and air may be added to the top of a solid fence. A solid fence taller than six feet shall
not be permitted unless approved by the Planning Commission through the exception process detailed
in Section 15-29.090, or approved by the Community Development Director pursuant to Sections 15-
29.030, 15-29.040, or 15-29.050 of this Chapter.
(2)Open fences.Except as otherwise specified in this Article, open fencing, such as wrought iron, wire
material, split rail, chain link, or other similar fencing shall not exceed eight feet in height. With the
exception of chain link fencing, open fencing shall have openings sufficient to allow the unobstructed
passage of a sphere having a diameter of four inches. For chain link fencing, the opening shall be two
inches at minimum and no slats are allowed in any opening.
(b)Front setback area.No fence located within any required front setback area shall exceed three feet in height.
(c)Exterior side setback area of reversed corner lots.No fence located within any required exterior side setback
area of a reversed corner lot shall exceed three feet in height.
(d)Exceptions.The height limitations do not apply to the following circumstances:
(1) Wrought iron entrance gates within the front setback area, designed with openings to permit visibility
through the same, may extend to a height not exceeding five feet, and shall be located a minimum of
twenty feet from the edge of street pavement.
(2) Safety railings that are required by the California Building Code shall be excluded from the height
requirements of this Section.
(3) Pedestrian entryway elements, such as arbors and trellises, when attached to a fence within a front
setback area or within an exterior side setback area, may be permitted to a maximum height of eight
feet, a maximum width of five feet, and a maximum depth of five feet.
(4) On any lot where the front setback area, or a portion thereof, of the subject property: (1) does not
have street frontage as defined by Section 15-06.290; and (2) the front lot line, or a portion thereof, of
the subject property abuts the side or rear setback area of an abutting property, the maximum
permitted fence height for a side or rear setback area shall be permitted within the front setback area
of the subject property where it abuts the side or rear setback area of an abutting property.
1Editor's note(s)—Ord. No. 320, § 1.F.18, adopted Nov. 5, 2014, retitled Art. 15-29 to read as herein set out. Art.
15-29 was formerly titled "Fences and Hedges."
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(e)Street intersections.No fence, hedge, retaining wall, entryway element, pilaster, gate, or other similar element
located within a triangle having sides fifty feet in length from a street intersection, as measured from
intersecting curblines or intersecting edges of the street pavement where no curb exists, shall exceed three feet
in height above the established grade of the adjoining street.
(f)Driveway intersections.No fence, hedge, retaining wall, entryway element, pilaster, gate, or other similar
element located within a triangle having sides twelve feet in length from either side of a driveway where it
intersects with the edge of pavement on a street without a sidewalk (or, on a street with a sidewalk, the back
of the curb) shall exceed three feet in height above the established grade of the adjoining street. Protected trees
described in Section 15-50.050 of this Code are not subject to this requirement.
(g)Vehicular obstructions.No fence, hedge, retaining wall, entryway element, or any other similar element shall
constitute an obstruction as provided for in City Code Section 10-05.030.
(h)Recreational courts.Fencing around recreational courts shall comply with the regulations contained in Section
15-80.030(c) of this Chapter.
(i)Pilasters.Pilasters constituting a part of a fence, in reasonable numbers and scale in relationship to the nature
and style of the fence, may extend to a height of not more than two feet above the height limit applicable to
the fence containing such pilasters, but in no case shall the height of pilasters exceed eight feet. If pilasters
within the front setback area are attached to a wrought iron entrance gate, the pilasters are permitted to a
maximum height of seven feet.
(j)Light fixtures.The height of a fence shall not include light fixtures mounted thereon at the entrance of driveways
and sidewalks leading into a site. Not more than two such light fixtures shall be installed at each driveway and
sidewalk entrance.
(k)Swimming pool fences.Fences required for swimming pools are governed by the California Building Code and
City Code Section 15-29.020(e).
(l)Retaining walls.No retaining wall shall exceed five seven feet in height. Notwithstanding the foregoing, no
retaining wall located in a front or exterior side setback area shall exceed three feet in height.
(Amended by Ord. 71.86 § 1, 1991; Ord. 71-106 § 6, 1992; Ord. 245 § 2 (Att. A) (part), 2006; Ord. 252 § 1, 2007;
Ord. No. 263, § 1(Att. A), 2-18-09; Ord. No. 284, § 1(Att. A), 5-18-2011; Ord. No. 294, § 1.A.3., 9-5-2012; Ord. No.
360, §9(Exh. A), 12-5-2018; Ord. No. 403, § 1(Exh. A, § 11), 7-3-2024)
15-29.020 Fencing within hillside districts.
Inaddition to the regulations set forth in Section 15-29.010 of this Article, fences located within an HR or R-OS district
shall comply with the following regulations:
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Article 15-29 - FENCES
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(a)Area of enclosure.Except for fencing which constitutes part of a corral, no fencing on a single site shall
encompass or enclose an area in excess of six thousand square feet or 15 percent of the gross site area,
whichever is greater, unless approved by the Planning Commission. The fencing shall meet the requirements
stipulated in [Section] 15-29.010 of this Article. "Encompass and enclose," as used in this section, shall mean to
surround an area with a continuous fence or a fence.
(b)Fencing outside area of enclosure.Except for fencing which constitutes part of a corral or fencing required by
the Building Code for swimming pools, fencing outside the area of enclosure shall not exceed three feet in
height, and shall be split rail fencing, stone wall, or stucco.
(c)Parallel retaining walls.Parallel retaining walls shall be separated by a horizontal distance of not less than five
feet. Where two or more retaining walls are approximately parallel to each other and separated by a horizontal
distance of thirty feet or less, the combined height of such walls shall not exceed ten twenty feet.
(d)Wildlife trails.No fence shall unreasonably impede the movement of wildlife animals utilizing an established
trail or migratory route which crosses the site.
(e)Swimming pool fences within hillside districts.When a fence already encompasses or encloses six thousand
square feet or more on a single site, and a swimming pool fence is required for a swimming pool that is not
located within the area of enclosure as described in Article [Section] 15-29.020(a), an additional area around
the swimming pool may be enclosed with a fence, provided the swimming pool fence follows the contour of the
pool with no more than ten feet of distance located between the fence and edge of water.
(f)[Exemptions.]The provisions of this Section shall not apply to any property located within and constituting a
part of Tract 7763, as shown on the subdivision map thereof recorded in the office of the County Recorder.
(g)[Stipulations.]Any property located within and constituting a part of Tracts 6526 and 6528 (Parker Ranch
Subdivision), as shown on the subdivision map thereof recorded in the office of the County Recorder shall meet
the regulations stipulated in Resolution FE-90-001 or successor amendments.
(Amended by Ord. 71.89 § 1, 1991; Ord. 71.98 § 4, 1991; Ord. 71.113 § 3, 1992)
(Ord. No. 263, § 1(Att. A), 2-18-09)
15-29.030 Fencing adjacent to commercial districts.
The Community Development Director may issue a special permit to allow a solid fence, or other type of fence
permitted by this Chapter, up to a maximum of eight feet in height where such fence is installed along a rear setback
area or interior side setback area of a residential site which abuts a commercial district. The Community
Development Director may impose such conditions deemed appropriate to mitigate any visual or other adverse
impacts of the fence, including, but not limited to, requirements with respect to the design and materials of the
fence and landscape screening. Applications for a special permit under this subsection shall be filed with the
Community Development Director on such form as he shall prescribe, and shall be accompanied by a processing fee
in such amount as established from time to time by the City Council.
(Ord. No. 263, § 1(Att. A), 2-18-09)
15-29.040 Fencing to mitigate noise from certain arterial streets.
(a) For the purpose ofnoise mitigation, a solid fence, or other type of fence permitted by this Article, exceeding the
height otherwise prescribed in this Article as the limit for such fence may be located within any required setback
area abutting Prospect Road, Saratoga/Sunnyvale Road, Quito Road, the portion of Saratoga Avenue between
Fruitvale Avenue and Lawrence Expressway or the portion of Cox Avenue between Saratoga/Sunnyvale Road
and Saratoga Avenue, or any other roadway if the fence was specifically approved by the Planning Commission
in accordance with the Saratoga City Code, upon the issuance by the Community Development Director of a
fence permit and subject to the following provisions:
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(1) Where the fence is located within an exterior side setback area or rear setback area abutting one of the
arterial streets specified herein, the fence shall not exceed eight feet in height at the property line, plus one
additional foot in height for each additional five feet of setback from the property line, up to a maximum
height of ten feet if the fence is still located within a required setback area.
(2) Where the fence is located within a front setback area abutting one of the arterial streets specified herein,
the fence may be located no closer than ten feet from the front property line and shall not exceed eight
feet in height, plus one additional foot in height for each additional five feet of setback from the front
property line in excess of ten feet, up to a maximum height of ten feet if the fence is still located within the
required front setback area.
(3) Where a street line is located within a site, the location and setback of the fence as specified in subsections
(a)(1) and (2) of this Section shall be determined by the street line rather than the property line.
(4) The applicant shall landscape and permanently maintain an area parallel to and along the entire exterior
side of the fence facing the street, in accordance with a landscape plan approved by the Community
Development Director. All or any portion of such area may be located within the public right-of-way, subject
to approval by the Community Development Director. The landscaped area required herein shall be not less
than five feet in width, except that where the available space between the fence and the interior edge of
the sidewalk, or the edge of the street pavement where no sidewalk exists, is less than five feet, the
Community Development Director may approve a landscape area of not less than two feet. Prior to issuance
of the fence permit, a landscape maintenance agreement shall be executed by the applicant and recorded
in the office of the County Recorder, which agreement shall constitute a covenant running with the land.
(5) The design of the fence shall be subject to approval by the Community Development Director, based upon
a finding that the fence is compatible with existing or proposed structures on the site and upon neighboring
properties.
(6) No permit shall be issued if the Community Development Director finds that the fence will constitute a
hazard for vehicular or pedestrian traffic or will otherwise be detrimental to the public health, safety or
welfare.
(b) Applications for a fence permit under this Section shall be filed with the Community Development Director on
such form as he shall prescribe, and shall be accompanied by a processing fee in such amount as established
from time to time by resolution of the City Council.
(Amended by Ord. 71.110 § 2, 1992; Ord. 245 § 2 (Att. A) (part), 2006)
(Ord. No. 263, § 1(Att. A), 2-18-09; Ord. No. 328, § 1(Att. A, § 16), 7-1-2015)
15-29.050 Fencing adjacent to scenic highways.
In addition to the regulations set forth in Section 15-29.010 of this Article, fences adjacent to State designated scenic
highways shall comply with the following requirements:
(a)Fence permit.No person shall construct any fence which faces and is located within one hundred feet from the
right-of-way of a State-designated scenic highway without first obtaining a fence permit from the Planning
Director. Application for such permit shall be submitted to the Planning Director on such form as he shall
prescribe, and shall be accompanied by a processing fee in such amount as established from time to time by
resolution of the City Council.
(b)Setback.No fence shall be constructed within fifteen feet from the property line abutting the right-of-way of a
scenic highway. The Planning Director may require this minimum setback to be increased to a maximum of one
hundred feet if he determines that such increased setback is necessary to preserve the scenic qualities of the
highway.
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(c)Color, material and design.Fences adjacent to scenic highways may be constructed of wood, stone, stucco,
masonry, wrought iron or similar material, but no chain link, plastic or wire fencing shall be permitted. The
design, color and materials of the fence or wall shall be subject to approval by the Planning Director, based upon
a finding that the fence or wall will not adversely affect the scenic qualities of the highway and will be compatible
with the natural terrain.
(d)Landscape screening.The applicant shall landscape and permanently maintain an area parallel to and along the
entire length of the exterior side of the fence facing the scenic highway, in accordance with a landscape plan
approved by the Planning Director. Such landscape plan shall provide for the planting of trees and vegetation
that are native to the area, fast growing, and require little or no maintenance. The Planning Director shall not
approve the landscape plan unless he finds that the proposed landscaping will effectively screen the fence from
public view and enhance the visual appearance of the scenic highway. Prior to issuance of the fence permit, a
landscape maintenance agreement shall be executed by the applicant and recorded in the office of the County
Recorder, which agreement shall constitute a covenant running with the land.
(e)Height.The height of any fence adjacent to a scenic highway shall comply with the regulations set forth in
Section 15-29.010 of this Article; provided, however, where the applicant demonstrates to the satisfaction of
the Planning Director that his property is subjected to greater noise impacts from the scenic highway as
compared generally with other properties located adjacent to such highway, the Planning Director may approve
a fence or wall not exceeding eight feet in height. As a condition of such approval, the Planning Director may
require increased setbacks and landscaping to mitigate the visual impact of the higher fence or wall.
(Amended by Ord. No. 263, § 1(Att. A), 2-18-09)
15-29.060 Barbed wire and electrified wire prohibited.
No fence constructed or installed within the City shall contain barbed or electrified wire unless approved by the
Planning Commission, based upon a finding that the barbed or electrified wire is necessary for security purposes and
that measures will be taken, when appropriate, to mitigate any adverse impacts of such wire.
(Amended by Ord. No. 263, § 1(Att. A), 2-18-09)
15-29.070 Fences adjacent to heritage lanes.
In addition to the regulations set forth in Section 15-29.010 of this Article, fences adjacent to a designated heritage
lane shall comply with the following requirements:
(a)Fence permit.No person shall construct any fence which faces and is located within fifty feet from the right-of-
way of a designated heritage lane, and which exceeds three feet in height, without first obtaining a fence permit
from the Community Development Director. Application for such permit shall be submitted and processed in
the manner provided in Article 13-20 of the City Code. If the Heritage Commission recommends issuance, the
Community Development Director shall issue the permit in accordance with those recommendations and any
condition related but not limited to the design standards set forth in subsections (c), (d), (e) and (f) of this Section
and pursuant to the process prescribed in Article 13-20.
(b)Supporting data.The level of detail of the supporting data required by Section 13-20.030 shall be determined
by the Community Development Director to allow adequate review of the proposed fence.
(c)Setback.No fence which exceeds three feet in height shall be constructed within the required setback area
fronting a heritage lane. This minimum setback may be required to be increased to a maximum of fifty feet upon
the finding that such increased setback is necessary to preserve the historic qualities of the heritage lane.
(d)Color, material and design.Fences adjacent to a heritage lane may be constructed of wood, stone, masonry,
wrought iron or similar material. The design, color and materials of the fence shall be approved based upon a
finding that the fence will not adversely affect the historic qualities of the lane and will be compatible with the
design and materials of existing buildings on the site and structures on adjacent properties.
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(e)Height.The height of any fence adjacent to a heritage lane shall comply with the regulations set forth in Section
15-29.010 of the City Code.
(f)Landscaping.The applicant shall landscape and maintain an area within the right-of-way, parallel to and along
the entire length of the exterior side of a fence in excess of three feet in height and facing the heritage lane, in
accordance with a landscape plan approved by the Community Development Director. Such landscape plan shall
provide for the planting of trees and vegetation that are native to the area and require little or no maintenance.
The landscape plan may be approved by the Community Development Director upon the finding that the
proposed landscaping will effectively blend the fence with its environment and enhance the visual appearance
of the lane.
(Ord. 71.110 § 1, 1992; Amended by Ord. 245 § 2 (Att. A) (part), 2006)
(Ord. No. 263, § 1(Att. A), 2-18-09)
15-29.080 Exemption for agricultural uses.
Fencing around the immediate perimeter of an orchard, vineyard, equestrian facility or similar agricultural use is
exempt from this Article. This exemption applies to raising of fruit and nut trees, vegetables and horticultural
specialties, but does not include nurseries, greenhouses or storage of landscaping equipment, products or supplies
for commercial uses.
(Ord. No. 263, § 1(Att. A), 2-18-09)
15-29.090 Fence exceptions.
(a) The owner(s) of a fence, or proposed fence, including any gates or pilasters attached thereto, may request that
the Planning Commission grant an exception to the regulations regarding fences. The Planning Commission may
grant this exception if all of the following findings are made:
(1) The subject fence will be compatible with other similar structures in the neighborhood;
(2) The entirety of the subject fence will be constructed of materials that are of high quality, exhibit superior
craftsmanship, and that are durable;
(3) The modification will not impair the integrity and character of the neighborhood in which the fence is
located;
(4) The granting of the exception will not be detrimental or injurious to the property, adjacent neighbors, or
improvements in the general vicinity and district in which the property is located; and
(5) The granting of the exception will not create a safety hazard for vehicular, pedestrian or bicycle traffic and
does not obstruct the safe access to and from adjacent properties.
(b) For exceptions proposed in the HR or R-OS districts, the Planning Commission may grant the exception if, in
addition to the findings made in subsection (a), it also makes all of the following findings:
(1) The visibility of the fence from public streets and adjacent properties will substantially be reduced by the
topography, landscaping or other features of the site; and
(2) The fence does not unreasonably impede the movement of wildlife animals utilizing an established trail or
migratory route which crosses the site; and
(3) In the event the exception is to increase the area of enclosure pursuant to Section 15-29.020(a), the
increased area of enclosure is required for safety reasons.
(c) A public hearing on the application for exception approval under this Article shall be required. Notice of the
public hearing shall be given not less than ten days nor more than thirty days prior to the date of the hearing by
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mailing, postage prepaid, to the applicant and to all persons whose names appear on the latest available
assessment roll of the County as owning property within five hundred feet of the boundaries of the parcel which
isthe subject of the application. Notice of the public hearing shall also be published once in a newspaper having
general circulation in the City not later than ten days prior to the date of the hearing.
(d) A decision or determination made by the Planning Commission under this Article may be appealed to the City
Council in accordance with the procedure set forth in Article 15-90 of this Chapter.
(Ord. No. 263, § 1(Att. A), 2-18-09)
15-29.100 Existing legal nonconforming fences, pilasters, entryway trellises.
This Article shall not require any modification to any fence, pilaster, entryway, or trellis that was in compliance with
the City Code at the time it was built (for the purposes of this Article, a "Legal Nonconforming Fence"). Upon
destruction or removal of more than one-half length of a Legal Nonconforming Fence or any element thereof any
new fence or element shall be constructed to meet height requirements as prescribed in this Article or be approved
by an exception process described in Section 15-29.080 of this Article.
(Ord. No. 263, § 1(Att. A), 2-18-09)
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Article 15-45 DESIGN REVIEW OF: SINGLE-FAMILY DWELLINGS
15-45.010 Purposes of Article.
The purpose of this Article is to establish standards and procedures to be followed with respect to the design
application review of single-family dwellings, Two-Unit Residential Developments, Three-Unit Residential
Conversions and certain accessory structures to ensure that new development occurs in a manner which is
consistent with the objectives of this Chapter, the residential design standards contained in Article 15-59, Single-
Family Dwelling Design Standards,and the policies of the General Plan.
(Amended by Ord. 221 § 2 (part), 2003; Ord. No. 314, § 1, 3-5-2014)
15-45.020 Compliance with development standards.
All structures requiring design review, as provided in Sections 15-45.060 and 15-45.065 of this Article, shall comply
with the floor area standards and setback requirements contained in this Chapter or as such standards may be
required by Article 15-57, Ministerial Consideration of Qualifying Projects. In the event of a conflict between the
development standards required by this Article and the development standards required by Article 15-57, the
requirements of Article 15-57 shall prevail.In the event of a conflict between the floor area and setback
requirements in this Chapter, the more restrictive standard shall govern. The Planning Commission shall have
authority to grant a variance from such regulations pursuant to Article 15-70 of this Chapter.
(Amended by Ord. 71.98 § 10, 1991; Ord. 71.113 § 9, 1992; Ord. 221 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part),
2006; Ord. No. 314, § 1, 3-5-2014)
15-45.030 Repealed.
Editor's note— Ord. No. 314, § 1, adopted March 5, 2014, repealed § 15-45.030, which pertained to allowable floor
area and derived from Ord. 221 § 2 (part), 2003; Ord. 245 § 2 (Att. A)(part), 2006. The user's attention is directed to
§ 15-12.085 for similar provisions.
15-45.040 Reserved.
15-45.040 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, a creek protection easement shall be required as set out in City Code section 14-25.065, and building
setbacks for any new construction shall be measured from the top of the creek bank(s) away from the water
course 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.
(b)Existing structures. Any existing structure, which encroaches into the creek protection setbacks, shall be
considered nonconforming, and shall be regulated by Article 15-65, Nonconforming Uses and Structures. Any
new addition to an existing structure shall comply with the creek protection setback requirements.
(c)Accessory structures.Accessory structure may be permitted within a creek protection setbacks subject to
compliance with the special rules as set forth in Section 15-80.030 of this Chapter.
(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
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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.
(Amended by Ord. 221 § 2 (part), 2003)
(Ord. No. 403, § 1(Exh. A, § 16), 7-3-2024)
15-45.050 Underfloor clearance.
Each new single-family main structure, Two-Unit Residential Development, Three-Unit Residential Conversion,
accessory structures, or additions thereto, shall be designed to follow the slope of the site so as to reduce the
clearance between ground floor levels and natural or finish grade, whichever measurement is greater, to not more
than five feet. This does not apply to any deck or balcony above ground floor level.
(Amended by Ord. 71-106 § 8, 1992; Ord. 71-178 § 3, 1998; Ord. 221 § 2 (part), 2003)
15-45.055 Single-Family Residential Applicability of Residential Design Standards Review
Handbook.
(a)All structures requiring design review, as provided in Sections 15-45.060 and 15-45.065 of this Article, shall be
consistent with the design techniques described in the City of Saratoga Single-Family Residential Design Review
Handbook. The Single-Family Residential Design Review Handbook embodies and illustrates the intent of the
design review findings prescribed in Section 15-45.080 of this Article.All new or modified single-family
dwellings Two-Unit Residential Developments, and Three-Unit Residential Conversions shall be consistent
with the requirements of Article 15-59, Single-Family Dwelling Design Standards.
(b) A structure that received design review approval prior to [effective date of new ordinance] is not considered
a non-conforming structure if not in compliance with Article 15-59.
(Amended by Ord. 221 § 2 (part), 2003; Ord. No. 314, § 1, 3-5-2014)
15-45.060 Planning Commission design review; public hearing.
(a) Pursuant to this Article, the following projects shall receive design review approval by the Planning Commission
prior to issuance of a building permit in any A, R-1, HR, or R-OS district to the extent not precluded by another
section of this Chapter or State Law:
(1) Any new multi-story main structure or multi-story accessory structure.
(2) Any conversion of a single-story structure to a multi-story structure.
(3) Any new structure over eighteen feet in height or any existing structure that would exceed eighteen feet in
height as a result of the proposed construction.
(4)(1)Any project that requires design review under the terms or conditions of any tentative or final subdivision
map, use permit, variance or conditional rezoning.
(5) Any new dwelling on a lot having a net site area of less than five thousand square feet.
(6) Any project that increases the cumulative floor area of all structures on a site to more than six thousand
square feet.
(7)Any project that in the opinion of the Community Development Director, may be significantly inconsistent
with the design review findings required in Section 15-45.080 of this Article, or may cause excessive damage to
the natural environment, or may result in excessive intensification of the use or development of the site.
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(8) Any addition to a structure over eighteen feet in height that would expand the existing floor area by more
than fifty percent or modify the existing footprint by more than fifty percent.
(9)(2)Any project or project feature for which Planning Commission review is specified in this Code.
(b) A public hearing on the application for design reviewapproval under this Article for any project listed in Section
15-45.060(a)shall be required. Notice of the public hearing shall be given not less than ten days nor more than
thirty days prior to the date of the hearing by mailing, postage prepaid, a notice of the time and place of the
hearing to the applicant and to all persons whose names appear on the latest available assessment roll of the
County as owning property within five hundred feet of the boundaries of the site which is the subject of the
application. Notice of the public hearing shall also be published once in a newspaper having general circulation
in the City not later than ten days prior to the date of the hearing.
(Amended by Ord. 71.98 § 11, 1991; Ord. 71.113 § 10, 1992; Ord. 71-179 § 1, 1998; Ord. 221 § 2 (part), 2003; Ord.
245 § 2 (Att. A) (part), 2006; Ord. No. 314, § 1, 3-5-2014; Ord. No. 329, § 1, 8-19-2015; Ord. No. 354, § 1(Exh. A),
12-20-2017)
(Ord. No. 364, § 1(Exh. A), 9-4-2019; Ord. No. 399, § 1(Att. 1), 4-3-2024)
15-45.065 Administrative design review.
(a) Pursuant to this Article, the following projects that do not comply with all applicable design standards shall
receive administrative design review approval by the Community Development Director prior to issuance of a
building permit in any A, R-1, HR, or R-OS district to the extent not precluded by another section of this Chapter
(including without limitation Article 15-57, Ministerial Consideration of Qualifying Projects) or State Law.The
Director shall approve projects upon making the findings listed in Section 15-45.080, Design Review Findings.:
(1) Any new single-story residence single family dwelling or accessory structure greater than two hundred fifty
square feet in floor area.
(2) Any addition to an existing structure that would expand the floor area by more than fifty percent.
(3) Any addition to an existing structure that would expand the second story floor area by one hundred square
feet or more.
(4) Any addition to an existing structure that would modify the footprint by more than fifty percent.
(5) Any new or enlarged basement.
(6) Any new or replacement structure that results from a demolition as defined by Section 15-06.195.
(7) Any single-story addition to an existing structure in excess of eighteen feet on a site where the existing
cumulative floor area of all structures on the site is more than six thousand square feet.
(8) Any single-story addition to an existing single-story structure in excess of eighteen feet in height can be
approved under as an administrative design review unless specifically required by Section 15-45.060.
(9) Any addition of a second story to an existing structure.
(10)Any alternative design for a standard specified in Article 15-59 to be under Community Development
Director purview. The approval shall reference how the alternative design meets the intent of the
standard from which the variation is being sought.
(b) The application for administrative design review approval shall comply with Section 15-45.070.
(c) If the Community Development Director intends to approve the application, a "Notice of Intent to Approve" will
be mailed to all property owners within two hundred fifty feet of the subject property and to others as deemed
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appropriate. All interested parties will have fifteen calendar days from the date of the "Notice of Intent to
Approve" in which to review the application and provide written comments to the Community Development
Director. The Community Development Director shall approve or deny the application within fifteen days of the
close of the review period and shall mail notice of the decision to the applicant and to any party that has
requested a copy of such notice. The Community Development Director's decision is appealable to the Planning
Commission within fifteen calendar days of the Director's decision to approve the application. The Planning
Commission at a public hearing will review any appeal and shall approve the application if the project complies
with Article 15-59. Notwithstanding, Section 15-45.110 or Section 15-90.020, the decision of the Planning
Commission on the appeal shall be final and not subject to appeal to the City Council.
(d) If the application is not approved by the Community Development Director, then the applicant may file an
appeal within fifteen calendar days of the Community Development Director's decision or deadline to render a
decision and have the application heard by the Planning Commission at a de novo public hearing. The Planning
Commission at a public hearing will review any appeal and shall approve the application if the project
complies with Article 15-59.
15-45.066 Administrative Review.
Pursuant to this Article, projects listed in Section 15-45.065(a) that comply with all applicable design standards
shall receive administrative review approval by the Community Development Director prior to issuance of a
building permit in any A, R-1, HR, or R-OS district to the extent not precluded by another section of this Chapter
(including without limitation Article 15-57, Ministerial Consideration of Qualifying Projects) or State Law. In such
case, the project shall be approved ministerially.
15-45.070 Application requirements.
(a) Each application for design review approval shall be filed with the Community Development Director on such
form(s) as the Director shall prescribe. An application shall include the following exhibits:
(1) Site plan showing all of the following: (i) property lines, (ii) easements and their dimensions, (iii)
underground utilities and their dimensions, (iv) structure setbacks, (v) building envelope, (vi) topography
(i.e., existing and finished grade elevation data), (vii) species, trunk diameter at breast height (DBH as
defined in Section 15-50.020(g)), canopy driplines (as defined in Section 15-50.020(k)), and locations of all
heritage trees (heritage trees as defined in Section 15-50.020(n)), trees measuring at least ten inches DBH,
and all native trees measuring at least six inches DBH on the property and within one hundred fifty feet of
the property, (viii) areas of dense vegetation and (ix) riparian corridors.
(2) Any application that proposes new construction two feet or closer to a required setback area shall include
a boundary survey for planning review and a setback certification and pad height certification letter during
building permit review, each signed by a State licensed land surveyor or registered civil engineer qualified
to do property line surveys. Such survey shall verify the location of all existing property lines, easements,
structures and protected trees (protected trees as defined in Section 15-50.020(s)). The setback and height
certification letter may be submitted after the initial application but in no event later than the foundation
inspection.
(3) A statement of all energy conserving features proposed for the project. Such features may include, but are
not limited to, use of solar panels for domestic hot water or space heating, passive solar building design,
insulation beyond that required under State law, insulated windows, or solar shading devices. Upon
request, the applicant shall submit a solar shade study if determined necessary by the Community
Development Director.
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(4) Building elevations of each proposed structure showing all exterior materials, roof materials and window
treatment. Such drawings shall include existing and proposed building height measurements referenced
from existing and proposed finished grade.
(5) Site sections for each project located on a hillside lot, together with an aerial photograph of the site if
requested by the Community Development Director.
(6) Engineered grading and drainage plans with existing and proposed finished grade elevation data, including
cross sections.
(7) Floor plans that indicate total floor area of each building or structure on the site, determined in accordance
with Section 15-06.280 of this Chapter, plus a cumulative total of all floor area on the site.
(8) Roof plans.
(9) Landscape and irrigation plans for the site, showing the location and type of all landscaped areas, including:
existing trees to remain on-site; new or replacement trees; live plant materials; water features; hardscape;
irrigation systems, and any additional information necessary to comply with the City's landscaping or water
efficiency regulations.
(10)Tree Preservation Plan, as required in Section 15-50.140 of this Chapter.
(11)Preliminary title report showing all parties having any interest in the property and any easements,
encumbrances and restrictions, which benefit or burden the property.
(12)Such additional exhibits or information as may be required by the Community Development Director. All
exhibits shall be drawn to scale, dated and signed by the person preparing the exhibit. Copies of all plans to
be submitted shall consist of two sets drawn on sheets eighteen inches by twenty-eight inches in size and
fifteen reduced sets on sheets eleven inches by seventeen inches in size.
(13)A geotechnical clearance as defined in Section 15-06.325 of this Chapter, if required by the City Engineer.
(14)Such additional exhibits or information as may be required by the Community Development Director to
demonstrate compliance with Article 16-47, Green Building Regulations of the Saratoga City Code.
(b) Each application shall be accompanied by the payment of a processing fee, in such amount as established from
time to time by resolution of the City Council.
(Amended by Ord. 221 § 2 (part), 2003; Ord. 226 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006)
(Ord. No. 272, § 2(Exh. A), 9-16-2009; Ord. No. 307, § 1.C.16, 10-16-2013; Ord. No. 320, § 1.F.22, 11-5-2014; Ord.
No. 328, § 1(Att. A, § 18), 7-1-2015; Ord. No. 336, § 1.1, 12-2-2015)
15-45.075 Reserved. Requirements for marking trees proposed for removal.
Trees proposed for removal in conjunction with a proposed project shall be clearly marked in the field as set
forth below.
(a) The applicant shall mark trees proposed for removal when notified to do so by the Community Development
Department or designated representative at least three business days prior to advertising the public hearing for
the project (or in the case of administrative design review at least three business days prior to issuance of the
"Notice of Intent to Approve"). Neither the notice of public hearing nor the "Notice of Intent to Approve" (as
applicable) for the project will be mailed until the trees are marked to the satisfaction of the Community
Development Director and photographs of the marked trees are filed with the Community Development
Department.
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(b) Acceptable means of identifying trees include using fluorescent tape wrapped around the tree's trunk,
removable marking on the tree trunk that is easily visible, or another means approved by the Community
Development Director.
(Ord. No. 272, § 2(Exh. A), 9-16-2009; Ord. No. 307, § 1.C.17, 10-16-2013; Ord. No. 336, § 1.1, 12-2-2015; Ord. No.
354, § 1(Exh. A), 12-20-2017; Ord. No. 399, § 1(Att. 1), 4-3-2024)
15-45.080 Design review findings.
If a project is subject to Planning Commission design review in accordance with Section 15.45-060, except for
Section 15.45-060(a)(3), or Administrative Design Review in accordance with Section 15-45.65, except for 15-
45.065(a)(10), tThe review authority Planning Commission shall not grant design review approval unless it is able
to make the following findings.An approval under Section 15.45-060(a)(3) or 15-45.065(a)(10) requires only the
finding set out in that section.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.
(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.
(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.
(d) The overall mass and the height of the structure, and its architectural elements are in scale with the structure
itself and with the neighborhood.
(e) The landscape design minimizes hardscape in the front setback area, contains elements that are complementary
to the neighborhood streetscape, and, for sites located within the Wildland Urban Interface Area, includes a
five-foot-wide nonflammable buffer around the perimeter of all structures.
(f) Development of the site does not unreasonably impair the ability of adjoining properties to utilize solar energy.
(g) The design of the structure and the site development plan is consistent with the Residential Design Handbook,
pursuant to Section 15-45.055.
(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.
(Amended by Ord. 71.99 § 27, 1991; Ord. 221 § 2 (part), 2003; Ord. 226 § 2 (part), 2003; Ord. 245 § 2 (Att. A)
(part), 2006; Ord. No. 294, § 1.A.5., 9-5-2012; Ord. No. 314, § 1, 3-5-2014; Ord. No. 382, § 1(Exh. A), 10-20-2021)
15-45.085 Required improvements.
The findings specified in Section 15-45.080 may be made subject to conditions reasonably related to the project
and to the findings required for approval. Conditions may include, but are not limited to, the following:
(a) Construction or repair of curb, gutters and sidewalks.
(b) Water or sewer main extensions.
(c) Storm drain installation.
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(d) Dedication of property or easements for utilities, street lighting, public right-of-way, trails, etc.
(e) Installation of street trees.
(f) Completion of street widening paving to property line.
(g) Repair or reconstruction of street paving prior to the issuance of a certificate of occupancy.
(h) Undergrounding of existing overhead utility lines from closest exiting distribution pole to the new structure.
(i) Improvements to water delivery systems as required by the fire district or Water Company to ensure both
adequate domestic and fire flow.
(j) Installation of fire hydrants as required by the fire district.
(Amended by Ord. 221 § 2 (part), 2003; Ord. No. 272, § 2(Exh. A), 9-16-2009)
15-45.090 Expiration of design review approval; extension; tolling of time period.
(a) Notwithstanding subsections (b) through (d) of this Section, each design review approval granted pursuant to
this Article shall expire thirty-six months from the date on which the approval became effective, unless prior to
such expiration date a building permit is issued and construction commenced.
(b) If a building permit is issued and expires, and the Building Department does not renew the building permit within
one hundred eighty days after expiration, the design review approval shall concurrently expire on the one
hundred eightieth day after the building permit expiration.
(c) If an application is made for a modification to the project that increases the floor area by more than twenty
percent or changes the approval process, then the previously issued design review approval shall expire upon
the filing of the application for modification.
(d) A design review approval may be extended for a single period of twelve months by the Community Development
Director. Any application for extension shall be filed prior to the expiration date with a statement of reasons for
the request, and shall be accompanied by the payment of a fee in such an amount as established from time to
time by resolution of the City Council. Extension of design review approval is not a matter of right and the
Director of Community Development may deny the application or grant the application subject to conditions.
(Amended by Ord. 71-119 § 1 (part), 1993; Ord. 221 § 2 (part), 2003)
(Amended by Ord. No. 272, § 2(Exh. A), 9-16-2009; Ord. No. 314, § 1, 3-5-2014; Ord. No. 328, § 1(Att. A, § 19), 7-1-
2015)
15-45.100 Repealed.
(Ord. No. 307, § 1.C.18, 10-16-2013)
15-45.110 Appeals to City Council.
Except as otherwise specified in this Article, a decision or determination made by the Planning Commission
under this Article may be appealed to the City Council in accordance with the procedure set forth in Article 15-90
of this Chapter.
(Amended by Ord. 221 § 2 (part), 2003)
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15-45.120 Compliance with and recordation of conditions of approval.
All conditions attached to an approval pursuant to this Article which are identified as permanent or for which
a term is specified shall run with the land and apply to the landowner's successors in interest for such time period.
No approval pursuant to this Article shall take effect until a certificate of approval documenting all applicable
conditions has been recorded by the applicant with the Santa Clara County Recorder's Office in form and content
acceptable to the Community Development Director. Notwithstanding the foregoing, conditions may be modified
pursuant to Section 15-80.120 and a certificate of modification recorded.
(Ord. 246 § 2A, 2006)
1857898.1
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Article 15-57 MINISTERIAL CONSIDERATION OF QUALIFYING PROJECTS
15-57.010 Purpose of article.
The purpose of this Article is to regulate Urban Lot Splits, and Two-Unit Residential Developments, and
Three-Unit Residential Conversions, and Affordable Multi-Family Dwellings in compliance with California
Government Code Sections 65583.2(h) and (i), 66452.6, 65852.21, and 66411.7 and to implement the Housing
Element of the City's General Plan, to allow for ministerial approval of certain parcel maps creating two lots, of
projects including up to two detached or attached housing units on one parcel or up to three units in an existing
home, and of multifamily housing projects with at least twenty percent of the units dedicated to serving lower
income households, along with ancillary uses and structures. Notwithstanding any other provisions of this Chapter,
eligible applications under this Article shall be considered ministerially by staff, without design review or other
discretionary review or a hearing.
(Ord. No. 391, § 1(Att. A), 7-20-2022; Ord. No. 399, § 1(Att. 1), 4-3-2024; Ord. No. 402, § 1(Att. 1), 7-3-2024)
15-57.020 Definitions.
Terms used in this Article have the meanings set forth below:
(1)A person "acting in concert with the owner," means a person that has common ownership or control
of the subject parcel with the owner of the adjacent parcel, a person acting on behalf of, acting for the
predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the
parcel being subdivided. As used here, "Common ownership or control" means that property is owned
or controlled by the same person, persons, or entity, or by separate entities in which any shareholder,
partner, member, or family member of an investor of the entity owns ten percent or more of the
interest in the property.
(2)"Adjacent parcel" means any parcel of land that is (1) touching the parcel at any point; (2) separated
from the parcel at any point only by a public right-of-way, private street or way, or public or private
utility, service, or access easement; or (3) separated from another parcel only by other real property
which is in common ownership or control of the applicant.
(3)"Car share vehicle" means a motor vehicle that is operated as part of a regional fleet by a public or
private car sharing company or organization and provides hourly or daily service.
(4)"Sufficient for separate conveyance," means that each attached or adjacent dwelling unit is
constructed in a manner adequate to allow for the separate sale of each unit in a common interest
development as defined in Civil Code Section 4100(including a residential condominium, planned
development, stock cooperative, or community apartment project), or any other ownership type in
which the dwelling units may be sold individually.
(5)"Single-Family Residential Zoning District" means the R-1, HR, and R-OS zoning districts as defined in
Chapter 15 of the City Code, as well as any area covered by the P-C (Planned Combined District) for
which single-family residences are the only dwelling units allowed, and which does not allow two-
family residences or multifamily residences.
(6)"Urban Lot Split" means a subdivision of an existing parcel into no more than two separate parcels that
meets all the criteria and standards set forth in this Article.
(7)"Two-Unit Residential Development" means a development that proposes no more than two new
dwelling units or proposes to add one new dwelling unit to one existing dwelling unit that meets all the
criteria and standards set forth in this Article.
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(8)"Three-Unit Residential Conversion" means a development that proposes to add up to two new
dwelling units to an existing structure that includes one or two existing dwelling units and meets all the
criteria and standards set forth in this Article. A Three-Unit Residential Conversion shall not result in
more than three total dwelling units within the structure. No new, freestanding structure may be
constructed as part of a Three-Unit Residential Conversion.
(9)"Affordable Multi-Family Dwelling" means a multi-family dwelling, as defined in 15-06.240(c),
including any building that meets the criteria of Section 15-21.020(c), in which at least twenty percent
of the dwelling units are affordable to households of lower or very low incomes as defined in
Government Code section 65584.
(Ord. No. 391, § 1(Att. A), 7-20-2022; Ord. No. 399, § 1(Att. 1), 4-3-2024; Ord. No. 402, § 1(Att. 1), 7-3-2024)
15-57.030 Applicability.
(a) A Two-Unit Residential Development, Three-Unit Residential Conversion, or Urban Lot Split may be located on
parcels within all Single-Family Residential Zoning Districts with the following exceptions:
(1) Any parcel where the Two-Unit Residential Development, Three-Unit Residential Conversion, or Urban Lot
Split would require demolition or alteration of any of the following housing types:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels
affordable to persons and families of moderate, low, or very low income.
(ii) Housing that is subject to any form of rent or price control through a public entity's valid exercise
of its police power.
(iii) Housing that has been occupied by a tenant within the last three years.
(iv) A parcel or parcels on which an owner of residential real property has exercised the owner's rights
under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw
accommodations from rent or lease within fifteen years before the date that the development
proponent submits an application.
(2) A parcel located within a historic district or including a property included on the State's Historic Resources
Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed
as a city or county landmark or historic property or districts pursuant to a city or county ordinance.
(3) A parcel of one or more of the types specified in subparagraphs (B) to (K), inclusive, of Government Code
Section 65913.4(a)(6). Without limiting the foregoing, the most applicable of those specifications to the City
of Saratoga are the following:
(i) A Two-Unit Residential Development, Three-Unit Residential Conversion, or Urban Lot Split may
not be located on any parcel within a very high fire hazard severity zone, as determined the
Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or
within a high or very high fire hazard severity zone as indicated on the maps adopted by the
Department of Forestry and Fire Protection pursuant to Public Resources Code Section 4202. As to
Two-Unit Residential Developments and Urban Lot Splits, This this subsection does not apply to
parcels that have been excluded from specific hazard zones by actions of the City pursuant to
Government Code Section 51179(b), or parcels that have adopted fire hazard mitigation measures
pursuant to existing building standards or state fire mitigation measures applicable to the
development.
(ii) A Two-Unit Residential Development, Three-Unit Residential Conversion, or Urban Lot Split may
not be located on any parcel located within a delineated earthquake fault zone as determined by
the State Geologist in any official map published by the State Geologist, unless the development
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complies with applicable seismic protection building code standards adopted by the California
Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing
with Section 18901) of Division 13 of the Health and Safety Code), and by the City of Saratoga
Building Department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2
of the Government Code.
(4) A proposed Two-Unit Residential Development or Three-Unit Residential Conversion that allows the
demolition of more than twenty-five percent of the existing exterior structural walls, unless the development is
on a site that has not been occupied by a tenant in the last three years.(4) For a Three-Unit Residential
Conversion, any parcel located outside the R-1-20 and R-1-40 districts.
(5) For a Three-Unit Residential Conversion, any parcel that lacks adequate water and sewer service to serve
the additional units.
(b) An Affordable Multi-Family Dwelling may be located anywhere a multi-family dwelling is permitted.
(Ord. No. 391, § 1(Att. A), 7-20-2022;Ord. No. 399, § 1(Att. 1), 4-3-2024;Ord. No. 402, § 1(Att. 1), 7-3-2024)
15-57.040 Development Standards.
Development pursuant to this Article shall comply with the following development standards and all applicable
objective standards of the City Code including without limitation Article 15-59, Single-Family Dwelling Design
Standards,except as otherwise expressly provided for in this section. A project proposed as part of a Two-Unit
Residential Development, Three-Unit Residential Conversion, or on a lot created by an Urban Lot Split, which does
not meet the requirements of this Article may seek discretionary approval pursuant to the applicable provisions of
the City Code.
(a)Number and size of units.Dwelling units shall count toward the total maximum allowable floor area set by
applicable zoning regulations.
(1) The maximum allowable floor area, as defined in City Code section 15-06.280, for the two lots created by
an Urban Lot Split shall be allowable floor area for the original lot prior to the Urban Lot Split. Each lot shall
have a maximum allowable floor area that is the larger of (i) the result of multiplying the allowable floor
area for the original lot prior to the Urban Lot Split by the ratio of the area of the newly-created lot to the
area of the original lot or (ii) eight hundred square feet per dwelling unit, whichever is greater. Where an
existing structure uses more than the floor area that would be allocated to its lot under method (i), the
other lot shall have an allowable floor area equal to the greater of (A) the difference between the maximum
for the two lots and the actual floor area already used, or (B) eight hundred square feet per dwelling unit.
When a lot is limited to eight hundred square feet per dwelling unit pursuant to this section, no dwelling
unit shall be greater than eight hundred square feet of floor area.
(2) The maximum allowable site coverage, as defined in Saratoga Municipal Code section 15-06.620(f), for each
lot created by an Urban Lot Split shall be the larger of (i) the result of multiplying the allowable site coverage
for the original lot prior to the Urban Lot Split by the ratio of the area of the newly-created lot to the area
of the original lot or (ii) the area required to construct two dwelling units of eight hundred square feet floor
area each.
(3) If application of the development standards of the City Code or this Article to a Two-Unit Residential
Development or Three-Unit Residential Conversion would preclude construction of dwellings with a
combined floor area equal to the floor area allowed for a dwelling by the underlying zoning district by City
Code section 15-12.085, then the development may exceed the maximum site coverage allowed for the
underlying zoning district in City Code section 15-12.080 and 15-13.080. Such exceedance shall be limited
to the minimum site coverage required to construct dwellings with the allowed floor area. For purposes of
this paragraph the "site" for the purpose of calculating site coverage shall be the lot on which the Two-Unit
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Residential Development is to be constructed or as depicted in a site plan, including one of the lots resulting
from an Urban Lot Split.
(4) A dwelling unit constructed as a part of Two-Unit Residential Development, Three-Unit Residential
Conversion, or Urban Lot Split located partially or entirely within the side or rear setback area set out in the
City Code shall have a maximum floor area of one thousand square feet.
(b)Accessory Dwelling Units.For purposes of City Code Section 15-56.020, a Two-Unit Residential Development or
a Three-Unit Residential Conversion shall be considered "an existing or concurrently approved single-family
dwelling unit."
(c)Maximum Height.No dwelling unit constructed pursuant to this Article as part of a Two-Unit Residential
Development or on a lot created by an Urban Lot Split shall exceed one story two stories and a height of eighteen
twenty-six feet, except as otherwise expressly provided for in this section. No dwelling unit constructed
pursuant to this Article as part of a Three-Unit Residential Conversion shall exceed the height of the original
structure subject to the conversion.
A proposed dwelling unit subject to this subsection (c) which is located within either the required side or rear
setback area as set by the underlying zoning district shall not exceed a height of sixteen feet.
(d)Setbacks.No dwelling unit constructed pursuant to this Article as part of a Two-Unit Residential Development
or on a lot created by an Urban Lot Split shall have an interior side or rear setback of less than four feet.
Notwithstanding, no setback shall be required for an existing structure or a structure constructed in the same
location and to the same dimensions as an existing structure. A Three-Unit Residential Conversion shall be
subject to the setback requirements of the underlying zoning district. Attached covered patios constructed as
part of a Two-Unit Residential Unit shall comply with the applicable setback requirements of the underlying
zoning district.
(e)Accessory Uses and Structures.All accessory uses and structures shall comply with the development regulations
contained in Chapter 15 of the City Code.
(f)Decks.Roof decks are not permitted on any dwelling unit constructed pursuant to this Article as part of a Two-
Unit Residential Development or Three-Unit Residential Conversion.
(g)(h) Heating, ventilation and air conditioning (HVAC) mechanical equipment and generators.No HVAC
mechanical equipment or generators, other than equipment associated with assessor dwelling units, shall be
allowed in any required front, side, or rear setback area of the underlying zoning district. HVAC mechanical
equipment and generators shall comply with the development regulations contained in 15-80.030(l).
(h)(g) Off-Street Parking.One off-street parking space within an enclosed garage shall be required per unit in Two-
Unit Residential Developments, Urban Lots Splits, or Three-Unit Conversion, with the exception that for Two-Unit
Residential Developments and Urban Lots Splits, no off-street parking shall be required if any of the following apply:
(1) The parcel is located within one-half mile walking distances or either a high-quality transit corridor, as
defined in Public Resources Code Section 21155(b) of the, or a major transit stop, as defined in Public
Resources Code Section 21064.3.
(2) There is a designated parking area for one or more car share vehicles within one block of the parcel.
(i)(h) Rental.No dwelling unit constructed as a part of Two-Unit Residential Development, Three-Unit Residential
Conversion or Urban Lot Split shall be rented for a period of less than thirty days.
(j)(i) Septic System.For any Two-Unit Residential Development or Three-Unit Residential Conversion that will be
connected to an onsite septic system, the applicant must provide a percolation test showing compliance with
applicable public health and safety standards and completed within the last five years, or, if the percolation test has
been recertified, within the last ten years.
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(k)(j) Adjacent or Connected Units.Proposed adjacent or connected dwelling units shall meet all applicable building
code standards and be designed sufficient to allow separate conveyance. An Urban Lot Split may separate an existing
accessory unit from its primary unit only if each unit meets all building code and other applicable requirements.
(l)(k) Dedications.As to an Urban Lot Split, no provision of the City Code shall apply that requires dedication of right-
of-way or the construction of offsite improvements for the lots being created, although easements may be required
for the provision of public services and facilities to the resulting lots.
(m)(l) Adverse Impacts.An application under this Article may be denied if the Chief Building Official makes a written
finding, based upon a preponderance of evidence, that the proposed housing development project would have a
specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon public health
and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid
the specific, adverse impact.
(Ord. No. 391, § 1(Att. A), 7-20-2022; Ord. No. 399, § 1(Att. 1), 4-3-2024; Ord. No. 402, § 1(Att. 1), 7-3-2024)
15-57.050 Urban Lot Splits.
A parcel map for an Urban Lot Split shall be allowed subject to ministerial review if the parcel map for the lot
split meets all of the requirements in this section.
(a)Parcel Map.A parcel map for an Urban Lot Split shall be allowed with ministerial approval if the parcel
map for the lot split meets all of the following requirements:
(1) The parcel is located within a Single-Family Residential Zoning District.
(2) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately
equal lot area provided that one parcel shall not be smaller than forty percent of the lot area of the original
parcel proposed for subdivision.
(3) Both newly created lots are no smaller than one thousand two hundred square feet.
(4) Each lot resulting from the Urban Lot Split adjoins the public right-of-way via a twenty foot street frontage
or have access to the public right-of-way via a recorded twenty foot wide access easement benefiting the
lot; if necessary to allow one lot resulting from an Urban Lot Split to meet this requirement, the other lot
shall provide such an access agreement.
(5) Urban Lot Splits dividing a parcel with an existing street frontage of less than eighty feet provides only a
single driveway curb cut providing access to both lots created by an Urban Lot Split, via a twenty foot wide
access easement as needed.
(6) The Urban Lot Split does not result in a new lot with a width that is less than fifty percent of the width of
the original parcel. For purposes of this Article "width" means "site width" as defined in City Code Section
15-06.620(d).
(7) The parcel has not been established through prior exercise of an Urban Lot Split as provided for in this
Article and Government Code section 66411.7.
(8) The parcel is not located within a historic district or property included on the State Historic Resources
Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed
as a city or county landmark or historic property or districts pursuant to a city or county ordinance.
(9) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has
previously subdivided an adjacent parcel using an Urban Lot Split.
(10)The Urban Lot Split conforms to all applicable objective requirements of the Subdivision Map Act [Division
2 (commencing with Government Code Section 664100 66410)] and the City Code, except as otherwise
expressly provided for in this section.
(11)The landowner provides all easements required for the provision of public services and facilities to the
resulting lots.
(b)Number of Units.Section 15-57.040(b) notwithstanding, no more than four dwelling units shall be
allowed on any parcel created by the use of an Urban Lot Split or any parcel that is the site of a Three-Unit
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Residential Conversion. For purposes of this provision, "unit" means any dwelling unit, including, but not
limited to, a unit or units created pursuant to Government Code Section 65852.21, a primary dwelling, an
accessory dwelling unit as defined in Government Code Section 65852.2, or a junior accessory dwelling
unit as defined in Government Code Section 65852.22.
(c)Development Standards.Residential uses are the only allowed uses of a lot created by an Urban Lot Split.
Development standards for residential development on each new lot resulting from an Urban Lot Split
shall conform to section 15-57.040 of this Article Development standards shall be applied to each new
building individually. If application of the development standards of the City Code, including this Article, to
an Urban Lot Split would have the effect of physically precluding the construction of two units on either of
the resulting lots or that would result in a unit size of less than eight hundred square feet, the lots shall
conform as closely as possible to those standards while allowing the construction of two dwelling units of
eight hundred square feet floor area on each lot. Sections 15-57.050(a)(2) and (3) are not subject to this
exception.
(d)Accessory Dwelling Units.Notwithstanding Government Code Section 65852.2 or 65852.22, Accessory
Dwelling Units and Junior Accessory Dwelling Units shall not be permitted on any lot resulting from an
Urban Lot Split on which a Two-Unit Residential Development has been approved under this Article.
(e)Nonconforming Zoning Conditions.Correction of nonconforming zoning conditions shall not be required
as a condition for ministerial approval of a parcel map application for the creation of an Urban Lot Split.
(f)Residency Requirement.An applicant for an Urban Lot Split shall sign an affidavit stating that the
applicant intends to occupy one of the housing units on the resulting lots as their principal residence for a
minimum of three years from the date of the approval of the Urban Lot Split. In the event that the
applicant cannot sign such affidavit because the land to be subject to the Urban Lot Split is vacant or they
occupy a unit on the land but intend to demolish that unit within three years, the applicant will qualify for
ministerial approval as set out in this article by signing an alternative affidavit. The alternative affidavit
shall state the reason for using this alternative affidavit and that the applicant (i) intends to initiate
approval of at least one housing unit on the property within three years from the date of approval of the
Urban Lot Split and (ii) intends to occupy one of the units so constructed as their principal residence for a
minimum of three years from the issuance of the last Certificate of Occupancy for the residence to be
occupied and any dwelling units for which the applicant simultaneously applies. No affidavit requirement
shall apply to an applicant that is a "community land trust," as defined in Revenue and Taxation Code
Section 402.1(a)(11)(C)(ii) , or is a "qualified nonprofit corporation" as described in Revenue and Taxation
Code Section 214.15.
(Ord. No. 391, § 1(Att. A), 7-20-2022; Ord. No. 399, § 1(Att. 1), 4-3-2024)
15-57.060 - Tree Protection.
The applicant for any project subject to this Article that would remove, damage, prune, or encroach upon a protected
tree as defined in City Code section 15-50.050 shall:
(a) Provide an Arborist Report and Tree Preservation plan as described in City Code sections 15-50.130 and 140 as
part of the application materials.
(a) Before issuance of any Certificate of Occupancy for any dwelling unit, plant new trees equal to the value of
removed trees in accordance with the ISA Tree Valuation Formula contained in the April 2000 ISA Guide for
Plant Appraisal.
(Ord. No. 391, § 1(Att. A), 7-20-2022;Ord. No. 399, § 1(Att. 1), 4-3-2024;Ord. No. 402, § 1(Att. 1), 7-3-2024)
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Article 15-59 SINGLE-FAMILY DWELLING DESIGN STANDARDS
15-59.010 Purposes and Applicability.
The purpose of these design standards is to guide the design of Single-Family Dwellings, Two-Unit Residential
Developments, and Three-Unit Residential Conversions and to support the implementation of the Housing
Element of the General Plan. The goal is to establish objective standards that will provide consistent guidance for
future development of single-family dwellings and single-family duplex and triplex conversions and implement
the Housing Element in a consistent manner throughout the City. It is further the goal of these standards to ensure
that new residential development is designed to be compatible with adjacent residential development.
15-59.020 Development Standards.
Development standards for Single-Family Dwellings, Two-Unit Residential Developments, and Three-Unit
Residential Conversions are determined by the base zoning district and Article 15-57, Ministerial Consideration
of Qualifying Projects.
15-59.030 Design Standards – Building Massing and Scale.
(a)Street-facing façade massing and scale.
(1) Street-facing second story facades must be either:
(i)Stepped-back a minimum five feet from the ground floor façade directly below for a minimum
40 percent of the façade width; or
(ii)Embedded within a sloped roof form that meets the first story eave.
Figure 15-59.030-1: Second Story Street-facing Facades
(2) Overhanging second stories are not permitted.
(3) Second story plate height may not exceed twice that of the ground floor plate height.
(4) Where a continuous eave line exists along a block face:
(i)New development must conform by establishing a continuous eave line within ten inches of the
average eave height along the block face.
(ii)Additions and remodels must preserve any existing eave that conforms to the block face’s
continuous eave line.
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Figure 15-59.030-2: Continuity of Eaves Line
(b)Interior side and rear facade massing and scale.
(1) Two-story interior side facades facing an R-1 district and two-story rear facades of corner lots facing an
R-1 district must incorporate a minimum of two vertical planes. Each plane must be at least 80 square
feet in surface area and must be offset a minimum of four feet from any adjacent plane.
(2) Two-story rear facades of interior lots facing an R-1 district may be a maximum 60 feet in length without
a full-height vertical change in plane at least eight feet in depth.
(c)Roof form.
(1) Roof forms shall be limited to:
(i)Gables, (with or without dormers),
(ii)Hip roof,
(iii)Shed roof, or
(iv)Flat roof.
(2) Dormers which are decorative only (“false” dormers) are not permitted. Where dormers are used, each
dormer must be a minimum 8 feet in width.
(3) Where sloped roof forms are used, all portions of the roof that are visible from the public right-of-way
must be sloped.
(i) Sloped roof forms that are flat at the top are not permitted.
(ii) Structures with sloped roof forms visible from the public right-of-way and a flat roof form behind
that is not visible from the public right-of-way are permitted.
(4) To ensure that primary roof forms, secondary roof forms, and additions are compatible in form and slope,
a maximum of three roof forms may be visible from the public right-of-way on any one structure.
(5) Where a façade incorporates a secondary volume such as a bank of bow windows or other projection,
the roof form above the projection must reflect the change in building volume below. Large roofs forms
that are independent of the volumes below are not permitted (see Figure 15-59.030-3: Roof Forms).
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Figure 15-59.030-3: Roof Forms
(d)Residential privacy.
(1) Upper-story balconies, roof decks, and other habitable outdoor space must maintain a minimum fivefeet
clear from the setback line abutting an R-1 district and must include an opaque wall at least four feet in
height as measured from the floor of the outdoor open space.
(2) Upper-story floor-to-ceiling windows or doors are not allowed on facades within fivefeet of theminimum
setback line abutting an R-1 district.
(3) Where ground-floor full-height windows or transparent doors face an interior side or rear property line
abutting an R-1 district, a six-foot fence or a hedge that is six feet tall at maturity is required along the
property line opposite from the fenestration and opposite the wall segments four feet on either side of
the fenestration.
15-59.040 Design Standards – Building Design.
(a)Building orientation and entrance design.
(1) For single-family dwellings, the principal entrance must be located on the street-facing façade and must
incorporate a projection, recess, or combination of projection and recess at least 40 square feet in area,
with a minimum depth of five feet.
Figure 15-59.040-1: Entry Protection
(2) For duplex and triplex conversions:
(i)At least one principal entrance to a primary dwelling unit must be located on the street-facing
façade and must incorporate a projection, recess, or combination of projection and recess at
least 40 square feet in area, with a minimum depth of five feet. The covered area may support
one entrance, two entrances, or a shared entrance.
(ii)Side or rear-facing principal entrances to primary dwelling units shall incorporate a projection,
recess, or combination of projection and recess at least 20 square feet in area, with a minimum
depth of five feet.
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(3) Where a façade incorporates a projecting entry feature:
(i)The horizontal width of the entry feature may not exceed 25 percent of the façade width.
(ii)Eaves of a roofed projection may not exceed the eave height of the first story eaves.
Figure 15-59.040-2: Entrances Features
(4) Alternative designs that create a welcoming entry feature facing the street may be approved by the
Director pursuant to Article 15-45.065(a)(10).
(b)Window placement and design.
(1)Passive cooling.On south-facing facades and facades within 15 degrees of south-facing, overhangs and
eaves must be incorporated into roof and façade design to block direct sunlight in the summer months.
(2)Window shape.Windows may be square, rectangular, or arched. Where clerestory windows are
incorporated into a façade design, windows may be irregular in shape to follow the contours of the
roofline.
(3)Window recess or trim.Trim at least two inches in width and ¾-inch in depth must be provided around
all windows, or windows must be recessed at least 2.5 inches from the plane of the surrounding exterior
wall.
Figure 15-59.040-3: Window Design
(4)Window materials. Foam window trim is not permitted on street-facing windows.
(5)Glazing.Reflective glazing is prohibited.
(6)Shutters.Shutters width may be a maximum 50 percent of the width of the window.
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Figure 15-59.040-4: Shutter Width
(c)Blank Walls. No wall on any level, except for garages, may run in a continuous plane of more than 20 feet
without a window or a projection, offset, or recess of the building wall at least four feet in depth.
(d)Garage design.
(1)Garage door width. The total width of garage doors on front-facing garages may not exceed 50 percent
of the width of the façade.
(2)Attached garage height. The plate height of an attached single-story garage may not exceed the first floor
plate height of the rest of the structure.
(3)Garage design.
(i)Building materials and colors of garages (attached or detached) must be consistent with that of
the rest of the structure.
(ii)Garage doors must be recessed a minimum of four inches from the face of the garage.
(iii)Garage doors must be articulated with windows, paneling, recesses, or other details that provide
visual relief.
Figure 15-59.040-5: Garage Door Articulation
(4)Three-car garages.A garage with three or more doors, or garages designed to accommodate three or
more non-tandem parked cars, must be designed such that the entrance to one of the three parking
spaces is set back from the other two by a minimum of two feet.
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(e)Building materials and colors.
(1)Building materials.Building elevations must incorporate at least two distinct non-reflective materials and
textures: a primary material that comprises 50 percent or more of the façade excluding transparent
surfaces and a secondary material that comprises no more than 30 percent of the façade excluding
transparent surfaces. Accent materials may be used on trim and architectural details, comprising no more
than 10 percent of the façade excluding transparent surfaces.
(2)Material change. When there is a change in exterior building material, the material change must occur
at the inside corner of a building form, or a minimum of two feet beyond an outside corner.
(3)Material durability/protection.
(i)Exterior finish materials shall have an expected lifespan of no less than 30 years per
manufacturer’s specifications.
(ii)Exterior timber shall be protected from decay by stain and sealant.
(iii)Exterior ferrous metals shall be protected from corrosion either by the use of galvanized,
stainless, or weathering steel.
(4)Prohibited materials. The following are prohibited as building cladding materials:
(i)Synthetic stucco.
(ii)Ribbed metal.
(iii)Mirrored metal finishes.
(iv)Vinyl.
(v)Aluminum.
(5)Building colors. A maximum of four colors shall be applied to the building façade.
(6)Roof materials.Roof materials and colors are limited to the following.
(i)Composition shingle.
(ii)Spanish barrel tile, regularly or irregularly laid, and brown or brown/red in color.
(iii)Standing seam metal.
(iv)Concrete roof tiles; or
(v)Cool roof membrane.
(vi)Alternative roof materials that are similar to the above in form and color may be approved by
the Director pursuant to Article 15-45.065(a)(10).
(f)“360-degree design” requirements. All buildings must be designed with “360-degree design” where each
exterior wall is designed equivalent to the primary facade in the extent of building articulation, level of detail,
quality of exterior materials, and consistent with the color scheme of the primary facade. Details include but
are not limited to window and door trim, window and door recesses, cornices, brackets, columns/arches, and
roof forms.
(g)Additions and remodels. Notwithstanding the design standards of this Article, the following elements of
additions to and remodels of existing buildings must be consistent with the design of the existing building:
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(1)Plate heights. On each story, the plate height of the addition must be the same as that of the existing
adjacent space.
(2)Roof forms.Roof forms of additions must extend and be consistent with the existing structure’s roof in
terms of slope and form.
Figure 15-59.040-6: Roof Forms of Additions
(3)Materials and colors. The same building material and colors must be used on an addition. If the same
materials and colors are not attainable, alternate materials may be used provided the resulting design
complies with the standards of Section 15-59-040(e), Building materials and colors.
15-59.050 Design Standards – Site Design.
(a)Fencing and screening.
(1)Fence design.Where fences or gates incorporate decorative pilasters or posts, the post or post cap design
must incorporate a building material or color that is consistent with that of the primary structure.
(2)Prohibited materials: Chain link fences are prohibited in the front or street-side setback.
(3)Visibility of solar panels.Rooftop solar panels shall have a low-profile, flush-mounted design, with a
maximum of 6-inch gap between the solar panel and the roof material. If solar panels are mounted on a
flat roof and are tilted or angled to maximize solar energy production, building parapets or other
architectural elements shall provide screening from view from the right-of-way. Screening shall be
architecturally continuous with the building in color, material, and trim cap detail.
(4)Visibility of building-mounted utilities. Electrical panels, EV charging panels, and other building-mounted
utilities may not be located on the front façade and must be screened from visibility from the public right-
of-way.
(5)Visibility of ground-mounted utilities. Ground-mounted mechanical or electrical equipment shall be
screened using plant materials, fencing, or walls from public right-of-way. Conduits shall not be exposed
on exterior walls and shall be embedded either in walls or landscaping.
(b)Paving. In addition to the standards of Section 15-12.095 – Landscaping, the following standards are required
of single-family site design and single-family duplex/triplex conversion site design:
(1) A continuous paved walkway at least four feet in width is required between the sidewalk or other public
right-of-way and all primary entrances, whether shared or individual, to all dwelling units on-site.
(2) Where paving is at least 35 percent open, allowing grass or moss to grow through, 50 percent of the
surface area counts toward the maximum amount of paving allowed in the required front setback per
Article 15-12.095.
(3) Permeable paving is not permitted in areas that are:
(i)Greater than a 2 percent slope.
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(ii)Seasonally wet (e.g., creek beds); or
(iii)Adjacent to a building foundation unless measures are taken to prevent infiltration under the
structure (e.g., a waterproof membrane is installed to protect the foundation).
(c)Landscaping and Low-Impact Design.
(1) Landscaping plans must comply with Article 15-47 – Water Efficient Landscaping to meet local priorities
for native and drought tolerant landscaping,
(2) Landscaping plans must comply with Article 15-50 – Tree Regulations to meet local priorities for
protection of existing tree canopy.
(3) Site design must be consistent with the Santa Clara Valley Urban Runoff Pollution Prevention Program
C.3 Stormwater Handbook strategies for on-site retention and infiltration.
(4) In the Wildland Urban Interface, a five-foot-wide nonflammable buffer is required around the perimeter
of all structures.
(5) Sites must be graded such that runoff from driveways, walkways, roofs, and patios is directed onto
vegetated areas.
(6) Compacted soils are limited to a maximum of 20 percent of the on-site landscaped area.
(7)Landscape design.
(i)For each 50 linear feet of street-facing lot frontage, a minimum of one tree that reaches a
mature height of 35 feet at maturity, or 25 feet in areas with overhead utility lines, is required.
(ii)Where trees are planted in a yard abutting a façade that is within 15 degrees of south-facing,
the trees must be deciduous and provide a canopy at least 15 feet in diameter at maturity.
(iii)Landscaped areas in the front and street-side yards must include at least four varieties of live
trees, shrubs, or other plant materials. Landscaping installed alongside fences, climbing vines on
fences, and varieties planted in permanent planter boxes count toward this minimum.
(iv)At least eight percent of the front and street-side yard must be planted with a species that is at
least three feet in height at maturity.
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Chapter 15 - ZONING REGULATIONS
Article 15-65 NONCONFORMING USES AND STRUCTURES
Article 15-65 NONCONFORMING USES AND STRUCTURES
1
15-65.010 Purposes of Article.
This Article is intended to limit the number and extent of nonconforming uses and structures by prohibiting
or restricting their repair, alteration, enlargement, intensification, reconstruction, or re-establishment after
abandonment or restoration after destruction. Nothing in this Article shall authorize any action inconsistent with
Chapter 13 or any other heritage preservation provisions of this Code. This Article is further intended to allow
certain nonconforming uses and structures to remain where such uses or structures do not conflict with the
objectives of this Chapter and the purposes of the zoning district in which they are located.
(Ord. No. 273, § 1(att. A), 9-16-2009)
15-65.020 Definitions.
The following definitions apply throughout this Article, unless the context or the provision clearly requires
otherwise:
(a)Maintenance means routine, recurring, and usual activities for the preservation, protection, and keeping of a
structure for its intended purposes in a safe and continually usable condition for which it was designed.
Repainting or reroofing (in kind) of a structure is an example of maintenance.
(b)Demolition means either of the following:
(1)Removal or covering of more than fifty percent of the exterior walls of an existing structure so the walls
no longer function as exterior walls and removal of more than fifty percent of the existing roof
structure and exterior roof sheathing; or
(2)Removal or covering of more than fifty percent of the exterior walls of an existing structure so the walls
no longer function as exterior walls and removal of more than fifty percent of interior walls.
The exclusive removal of interior walls without any modification or removal of exterior walls or any modification or
removal of the existing roof structure and exterior sheathing is not considered a demolition.
(c)Repair or alteration means any work (after December 2, 2015) that does not constitute a demolition of the
structure as defined by this Code.
(d)Nonconforming structure means a structure lawfully existing on the effective date of a change in a
development standard established by this Code and continuing since that date in nonconformance to the
development standard. The use of this term in this Article shall refer only to a legal nonconforming structure.
(1)A structure that was not originally constructed in conformance with regulations applicable at the time
is not a legal structure.
(2)A structure that solely lacks the required number of off-street parking facilities, but otherwise
conforms to City code is not considered nonconforming.
(3)A structure that received design review approval prior to [effective date of new ordinance] is not
considered a non-conforming structure if not in compliance with Article 15-59.
1Section 1 of Ord. No. 273, adopted Sept. 16, 2009, amended Article 15-65 in its entirety to read as herein set out.
Former Article 15-65 consisted of Sections 15-65.010—15-65.160, pertained to the same subject matter, and
derived from the original codification and amended by Ord. 71.113, 1992; and Ord. 245, 2006.
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(e)Nonconforming use means a use lawfully existing on the effective date of a change in a use restriction and
continuing since that date in nonconformance to the use restriction. Site and structural dimensions are not
considered use restrictions and are instead development standards applicable to structures. The following
pre-existing uses shall constitute a nonconforming use subject to the provisions of this Article unless a
conditional use permit is subsequently granted for such use:
(1)A use established prior to any City regulation requiring a conditional use permit for such use, but which
by virtue of later-adopted City regulation(s) becomes a use allowed only upon the granting of a
conditional use permit; and
(2)A use being conducted under a valid conditional use permit, but which by virtue of later-adopted City
regulation(s) becomes a use no longer allowed to continue.
The use of this term in this Article shall refer only to a legal nonconforming use. A use that was not originally
commenced in conformance with regulations applicable at the time is not a legal use.
(f)Reconstruction means either of the following:
(1)Any construction work that results from a demolition as defined by this Code or modification of the
footprint of a structure by more than fifty percent; or
(2)Moving a nonconforming structure or a structure being used for a nonconforming use to any other
location on the parcel or adjoining parcels (whether the structure movement is in whole or in part).
Repair or alteration work which does not include any proposed exterior changes to a nonconforming structure is
not considered reconstruction or expansion.
(g)Statement of acknowledgment of legal nonconforming status means a document in form and content
approved by the Community Development Director and recorded in the office of the County Recorder
documenting the extent to which a use or structure on the subject property is nonconforming, but legal
pursuant to the terms of this Article.
(h)Work means any work, whether structural or nonstructural, that is done to a structure including repair,
alteration and reconstruction, but excluding maintenance and the replacement of the interior or exterior
wall coverings, fixtures, or windows or doors (without altering their respective openings).
1851280.1
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Article 15-80 MISCELLANEOUS REGULATIONS AND EXCEPTIONS
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Article 15-80 MISCELLANEOUS REGULATIONS AND EXCEPTIONS
15-80.010 Exceptions to setback area requirements.
(a)Architectural features, including sills, chimneys, weather vanes, cornices and eaves may not extend into a
required side setback area more than three feet, into a required front or rear setback area more than four
feet, or into a space between structures on the same site more than eighteen inches.
(b)Aboveground balconies, porches, decks, platforms, stairways and landing places, which are open,
unenclosed, uncovered and no part of which is more than four feet above finish grade, may extend into a
required setback area or space between buildings not more than four feet.
(c)Open, unenclosed and uncovered walks, driveways, parking areas, decks, platforms and patios, which are not
more than eighteen inches above finish grade, and fences, walls, hedges and retaining walls, may be
constructed within any required setback area, subject to other applicable limitations prescribed by this
Chapter.
(d)Bay windows which are at least eighteen inches above the finished floor level, may overhang and extend into
any required setback area for a distance not exceeding two feet.
15-80.015 Reduced setbacks for non-conforming parcels.
Side yard setback requirements for non-conforming parcels of five thousand square feet or less shall be
equal to ten percent of the lot width or six feet, whichever is less.
15-80.020 Exceptions to height limitations.
(a)Chimneys, flagpoles, spires, and similar appurtenances may be erected to a height not more than fifteen feet
above the height limit prescribed by the regulations for the district in which the site is located.
(b)In multi-family residential, mixed use, and non-residential buildings, mechanical equipment and elevator and
stair towers may be built to a height not more than fifteen feet above the height limit prescribed by the
regulations for the applicable district provided the facilities are set back from the exterior wall one foot for
every foot of projection above the height limit and do not exceed a total of twenty percent of the roof area.
(c)Utility poles shall not be subject to the height limits prescribed in the district regulations.
(Ord. No. 399, § 1(Att. 1), 4-3-2024)
15-80.025 Reasonable accommodation procedure.
(a)Applicability and definitions.
(1)Reasonable accommodation means providing individuals with disabilities or sponsors of projects
(including residential and nonresidential development usable by an individual with a disability),
flexibility in the application of land use and zoning and/or building regulations, policies, practices
and/or procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to
use by an individual with a disability.
(2)Individual with a disability means someone who has a physical or mental impairment that limits one or
more major life activities; anyone who is regarded as having such impairment; or anyone with a record
of such impairment.
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(3)Eligible person means any individual with a disability, his or her representative, or a sponsor of a
project or provider of housing for individuals with disabilities, when the application of a land use,
zoning or building regulation, policy, practice or procedure acts as a barrier to use by an individual with
a disability.
(b)Notice of accommodation process.Notice of the availability of reasonable accommodation shall be
prominently displayed at public information counters in the Community Development Department, advising
the public of the availability of the procedure for eligible persons. Forms for requesting reasonable
accommodation shall be available to the public in the Community Development Department.
(c)Authority to request reasonable accommodation.In order to make a project usable to an individual with a
disability, any eligible person may request a reasonable accommodation in land use, zoning and building
regulations, policies, practices and/or procedures in accordance with this Section.
(d)Process for requests for reasonable accommodation.Requests for reasonable accommodation shall be in
writing and provide the following information:
(1)Name and address of the individual(s) requesting reasonable accommodation;
(2)Name and address of the property owner(s);
(3)Address of the property for which accommodation is requested;
(4)Description of the requested accommodation and each regulation, policy or procedure for which
accommodation is sought; and
(5)Reason that the requested accommodation may be necessary for the individual(s) with the disability to
use and enjoy the dwelling or other use.
(e)[Information confidential.]Any information identified by an applicant as confidential in the application or in
connection with any appeal of a decision pursuant to this Section shall be retained in a manner so as to
respect the privacy rights of the applicant and shall not be made available for public inspection except as
otherwise required by law.
(f)[Filing.]A request for reasonable accommodation in a regulation, policy, practice and/or procedure may be
filed at any time that the accommodation may be necessary to ensure equal use of the project. A reasonable
accommodation does not affect an individual's obligations to comply with other applicable regulations not at
issue in the requested accommodation.
(g)[Assistance provided.]If an individual needs assistance in making the request for reasonable
accommodation or in filing an appeal of a decision pursuant to this Section, the City shall provide assistance
to ensure that the process is accessible.
(h)Review of request.If a request for reasonable accommodation is made in connection with an application for
a project approval the request shall be reviewed as part of the application review process and a decision on
the request shall be made at the time of a decision on the application. All other requests shall be reviewed
by the Community Development Director and a decision shall be made within thirty days of the date of the
application. Decisions may either grant, grant with modifications, or deny a request for reasonable
accommodation in accordance with the required findings set forth in Section 15-80.025(i). If necessary to
reach a decision on the request for reasonable accommodation, the Community Development Director may
request further information from the applicant consistent with fair housing or any other applicable laws,
specifying in detail the information that is required. In the event that a request for additional information is
made, the time period to issue a decision is stayed until the applicant responds to the request.
(i)[Written decision.]The written decision to grant, grant with modifications, or deny a request for reasonable
accommodation shall be consistent with fair housing and any other applicable laws and based on the
following factors:
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(1)Whether the project, which is the subject of the request for reasonable accommodation, will be used
by an individual with disabilities protected under fair housing and/or any other applicable laws;
(2)Whether the requested accommodation is necessary to make a project usable and available to an
individual with disabilities protected under the fair housing and/or any other applicable laws;
(3)Whether the requested accommodation would impose an undue financial and/or administrative
burden on the jurisdiction and;
(4)Whether the requested accommodation would require a fundamental alteration in the nature of the
City's land use and zoning and/or building regulations.
(j)[Explanation of decisions.]All decisions on the request for reasonable accommodation shall explain in detail
the basis of the decision, including the determinations on the factors set forth above. All written decisions
shall give notice of the applicant's right to appeal. The notice of decision shall be sent to the applicant by
regular and certified mail. The written decision of the reviewing authority shall be final unless an applicant
appeals in accordance with this Code. If the reviewing authority fails to render a written decision on the
request for reasonable accommodation within the time required by this Code, the request shall be deemed
granted. While a request for reasonable accommodation is pending, all laws and regulations otherwise
applicable to the property that is the subject of the request shall remain in full force and effect.
15-80.030 Special rules for accessory uses and structures in residential districts.
The following special rules shall apply to certain accessory uses and structures in any A, R-1, HR, R-OS or R-M
district:
(a)Stables and corrals.No stable or corral, whether private or community, shall be located closer than fifty feet
from any property line of the site, or closer than fifty feet from any dwelling unit or swimming pool on the
site. In the HR district, no stable or corral shall be located closer than fifty feet from any stream and the
natural grade of a corral shall not exceed an average slope of fifteen percent.
(b)Swimming pools.No swimming pool or accessory mechanical equipment shall be located in a required front,
side or rear setback area, except as follows:
(1)A swimming pool and accessory mechanical equipment may be located within a required rear
setback area, but the water line of the swimming pool may be no closer than six feet from any
property line. Any portion of such swimming pool that is located outside of the rear setback area
shall comply with the side setback area requirements for the site.
(2)If the required minimum interior side setback area is more than ten feet, accessory mechanical
equipment may be located within such side setback area, but no closer than ten feet from the
side lot line.
(c)Recreational courts.Subject to approval by the Community Development Director, recreational courts
may be allowed, provided that such recreational courts shall comply with all of the following
restrictions, standards and requirements:
(1)The recreational court shall not exceed seven thousand two hundred square feet in area.
(2)The recreational court shall not be illuminated by exterior lighting.
(3)No direct opaque screening shall be utilized around any portion of the recreational court.
(4)No fencing for a recreational court shall exceed ten feet in height.
(5)No recreational court shall be located in a required front or side setback area. Such courts may
be located within a required rear setback area, but no closer than fifteen feet from any property
line.
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(6)The natural grade of the area to be covered by the recreational court shall not exceed an average
slope of ten percent, unless a variance is granted pursuant to Article 15-70 of this Chapter.
(7)The recreational court shall be landscaped, in accordance with a landscape plan approved by the
Community Development Director, so as to create a complete landscaping buffer from adjoining
properties within two years from installation. In addition, a bond, letter of credit or other
security, in such amount as determined by the Community Development Director, shall be
furnished to the City to guaranty the installation of the landscaping improvements in accordance
with the approved landscaping plan.
(8)The recreational court shall be designed and located to minimize adverse impacts upon trees,
natural vegetation and topographical features and to avoid damage as a result of drainage,
erosion or earth movement.
(9)The recreational court shall be designed to preserve the open space qualities of hillsides, creeks,
public paths, trails and rights-of-way on or in the vicinity of the site.
(d)Enclosed accessory structures.No enclosed accessory structures shall be located in any required
setback area of any lot, except as follows:
(1)Upon the granting of a use permit by the Planning Commission pursuant to Article 15-55,
cabanas, garages, carports, recreation rooms, hobby shops and other similar structures may be
located no closer than six feet from a side property line and rear property line of the rear setback
area and shall not exceed eight feet in height, plus one additional foot in height for each three
feet of setback from the rear property line in excess of six feet, up to a maximum height of ten
feet if the structure is still located within the required rear setback area.
(2)Subject to approval by the Community Development Director, garden sheds, structures for
housing swimming pool equipment and other enclosed structures of a similar nature, not
exceeding two hundred fifty square feet in floor area, may be located no closer than six feet from
a side property line and rear property line of the rear setback area and shall not exceed six feet in
height, plus one additional foot in height for each additional foot of setback from the rear
property line in excess of six feet, up to a maximum height of ten feet if the structure is still
located within the required rear setback area. This subsection shall not apply to any structure
intended or used for the keeping of animals.
(e)Unenclosed garden structures.Subject to approval by the Community Development Director,
unenclosed garden, ornamental and decorative structures such as gazebos, lattice work, arbors and
fountains, freestanding fireplaces and play structures may be located no closer than six feet from a side
or rear property line and shall not exceed eight feet in height, plus one additional foot in height for
each additional foot of setback from the side and rear property line in excess of six feet, up to a
maximum height of ten feet if the structure is still located within a required side or rear setback area.
(f)Solar panels.Solar energy systems do not require any discretionary approval unless the Building
Official has a good faith belief that the solar energy system could have a specific, adverse impact upon
the public health and safety, in which case a solar energy system use permit is required. Applications
for such permits shall be acted upon by the Community Development Director in accordance with
California Health and Safety Code 17959.1.
(g)Outdoor cooking devices.Subject to approval by the Community Development Director, permanent
outdoor cooking devices, such as those constructed out of brick or masonry, may be located no closer
than six feet from the rear property line and shall not exceed eight feet in height.
(h)Accessory structures in R-M district.Notwithstanding any other provisions of this Section and subject
to approval by the Community Development Director, accessory structures not exceeding fourteen feet
in height may be located in a required rear setback area in any R-M district, provided that not more
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than fifteen percent of the rear setback area shall be covered by structures, and provided further, that
on a reversed corner lot, an accessory structure shall not be located closer to the rear property line
than the required side setback area on the abutting lot and not closer to the exterior side property line
than the required front setback area of the abutting lot.
(i)Referral to Planning Commission.With respect to any accessory structure requiring approval by the
Community Development Director, as described in subsections (a) through (h) of this Section, the
Director may refer the matter to the Planning Commission for action thereon whenever the Director
deems such referral to be necessary or appropriate.
(j)Exceptions to standards.The Planning Commission shall have authority to grant exceptions to any of
the regulations set forth in subsections (a) through (h) of this Section pertaining to the size, height or
required setback of an accessory structure in a side or rear setback area, through the granting of a use
permit for such accessory structure pursuant to Article 15-55 of this Chapter. The Planning
Commission's authority shall not be subject to any quantified limitations contained in subsections (a)
through (h), except subsection (d)(1) which already establishes quantified limitations on a use permit
issued by the Planning Commission. The Planning Commission's authority shall not extend to allowing
an accessory structure in a setback area where it is not expressly allowed under subsections (a)
through (h).
(k)Emergency or stand-by generators.No emergency or stand-by generator shall be allowed in any
required front, side or rear setback area. All emergency or stand-by generators shall be required to
meet all applicable requirements of the City Code, including Article 7-30 concerning noise.
(l)Heating, ventilation and air conditioning (HVAC) mechanical equipment.
(1)No HVAC mechanical equipment shall be allowed in any required front, side or rear setback area
unless otherwise required for an ADU permitted within such setback areas pursuant to Article 15-
56.
(2)HVAC mechanical equipment for all other (non-ADU) uses may be located no closer than six feet
from the rear or side property line, regardless of the required setback area.
(3)No HVAC mechanical equipment shall be located in any required front setback area.
(4)HVAC mechanical equipment shall be required to meet all applicable requirements of the City
Code, including Article 7-30 concerning noise. This restriction shall not apply to HVAC equipment
for which the owner provides evidence of installation prior to July 1, 2004, provided, however,
that removal of nonconforming HVAC equipment may be required as a condition of approval for
any design review application involving expansion or reconstruction of more than fifty percent of
the main dwelling, as described in Article 15-45.
(m)Lighting fixtures.Outdoor lighting fixtures shall be located, aimed, and shielded to prevent excessive
glare or direct illumination onto adjacent properties and public street rights of way; notwithstanding
the minimum lighting necessary to ensure adequate safety, night vision, and comfort.
15-80.035 Requirements for basements and lightwells.
The following requirements shall apply to basements in any A, R-1, HR, R-OS or R-M district, with the
exception of requirements in subsections (d) and (e) of this Section, which shall apply to all districts:
(a)A basement shall be located beneath the building footprint of an enclosed structure and shall not be
located, with the exception of lightwells, within any required setback area. The building footprint is the
floor area from the exterior surface of the exterior walls of the ground floor of all main or accessory
structures on a lot.
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(b)A lightwell may not extend into a required side setback area more than three feet and into a required
rear setback area more than four feet.
(c)A basement shall be a one level structure with a maximum floor to ceiling height of twelve feet. Floor,
in this case, means finished floor, and ceiling means the bottom level of the ceiling framing members.
(d)All proposed basements and additions to basements identified on the City's Ground Movement
Potential Map as being located in an area with significant potential for ground movement shall obtain
geotechnical clearance. The applicant shall submit to the Planning Department a geotechnical report
prepared by a registered geotechnical engineer or registered civil engineer with competence in
geotechnical investigation and design. This report shall include an analysis of seasonal groundwater
conditions potentially impacting the project and design recommendations for any appropriate
measures to address subsurface water.
The geotechnical consultant shall address the potential need for substantial sump pump operation
requirements where groundwater is anticipated to rise above the basement floor.
Incorporation of subdrain systems beneath basement floors and appropriate waterproofing measures shall
be considered during preparation of geotechnical design criteria for basements.
(e)Applicant shall submit to the Planning Department a grading and drainage plan stamped and signed by
a registered civil engineer. Water collected from a basement shall either be transported to a nearby
City storm drain inlet or to another drainage facility. The method of drainage shall be reviewed and
approved by the Community Development Director. Disposition and treatment of on-site storm water
shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention
Program (NPDES requirements). The size of a proposed basement may be limited based on drainage
issues or issues raised in the geologic and geotechnical reports. The cut and fill volumes associated with
a proposed basement shall not be included in the total required cut and fill grading calculations
required to be documented for the property.
15-80.040 Undergrounding of public utilities.
(a)All electric lines and communication lines, and appurtenances, including all public utility systems and service
facilities therefor, and also all telegraph and CATV distribution or transmission facilities, shall hereafter be
located and installed underground on all lands and zoning districts within the City, except as specifically
permitted in this Section.
(b)No person shall directly or indirectly erect, construct, fabricate or install any tower, pole or similar structure,
for the purpose of operating or maintaining any overhead electric lines or any overhead communication line
or lines, or any appurtenant structure or part thereof, except as follows:
(1)Existing overhead electric and communication lines, poles and transformers may be replaced overhead
when required because of deterioration, or because of damage by fire, wind, falling trees, or other
accidental means.
(2)Temporary electric and communication lines, poles, and transformers may be installed to serve
construction projects or emergency situations for periods not to exceed six months, unless such time is
extended by the City.
(3)Overhead electric lines, communication lines, poles and transformers may be replaced at the same
location with facilities of greater capacity where such facilities are not already included in an existing or
immediately pending underground utility district or required to be undergrounded as a condition of
any permit or approval issued pursuant to any provision of this Code.
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(4)Pad-mounted transformers, service pedestals, meter cabinets, surface-mounted switches and
concealed ducts are not required to be undergrounded so long as they are used solely in connection
with, and as appurtenances to, an underground distribution system or facilities.
(5)Electric transmission lines are not required to be undergrounded where the voltage carried by such
lines is more than 34.5 KV.
(6)Overhead service drops to structures served by at least one existing overhead service drop are not
required to be undergrounded provided that such service drop requires installation of no additional
poles, and is not more than five hundred feet in length.
(c)No use shall be made of any land, building, or structure in the City for any electric lines, or communication
lines, or appurtenances, except as permitted under this Section.
(d)The Planning Commission is empowered to grant variances from the regulations set forth in this Section, in
accordance with Article 15-70 of this Chapter.
15-80.050 Maintenance of landscaped areas.
A landscaped area provided in compliance with the regulations of this Chapter or as a condition of any use
permit, variance, design review or other approval granted hereunder, shall be planted with materials suitable for
screening or ornamenting the site, whichever is appropriate, and plant materials shall be replaced as needed to
screen or ornament the site. Landscaped areas shall be watered, weeded, pruned, fertilized, sprayed or otherwise
maintained by the owner as may be prescribed by the Community Development Director.
15-80.060 Storage in unimproved right-of-way prohibited.
No portion of any unimproved right-of-way of any public street in any zoning district shall be used at any
time for the storage of any of the items of personal property described in Section 15-12.160 of this Chapter. The
term "unimproved right-of-way" shall mean all portions of a public street which are not paved and improved for
motor vehicle travel or parking.
15-80.070 Stadiums prohibited in all districts.
(a)Neither a stadium of any size nor any other facility with a similar use but different name shall be permitted in
any zoning district. A "stadium" is a track and/or field which has any one or more of the following:
permanent or portable seating (other than field-level seating for participating athletes), permanent or
portable lighting, permanent or portable sound system, press box, scoreboard, restrooms or concession
stands, and on which any inter-school events or other spectator-oriented events of any kind are held.
(b)Temporary portable equipment for cultural events (other than sports events or rock concerts) may be
utilized on any track or field upon a two-thirds vote of the City Council after a duly noticed public hearing and
a finding that the particular event will not be unduly disturbing to the City.
(c)This Section shall not apply to facilities at elementary and secondary (junior and senior high) schools or
facilities built by private, nonprofit, youth-oriented organizations such as Little League or the American Youth
Soccer organizations.
(d)No part of this Section may be amended or repealed except by the voters of the City at a regular municipal
election.
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15-80.080 Antennas.
(a)Definitions.For the purposes of this Section, the following words and phrases shall have the meanings
respectively ascribed to them in this subsection, unless the context or the provision clearly requires
otherwise:
(1)Antenna means any system of wires, poles, rods, reflecting discs or similar devices used for the
reception or transmission of electromagnetic waves which system is affixed to an antenna support
structure or affixed to the exterior of any building. The term includes devices having active elements
extending in any direction, and directional beam-type arrays having elements carried by and disposed
from a generally horizontal boom which may be mounted upon and rotated through a vertical mast,
tower or other antenna support structure.
(2)Antenna support structure means any mast, tower, tripod or other structure utilized for the purpose
of supporting one or more antennas.
(3)Licensed amateur radio station antenna means an antenna owned and utilized by a federally licensed
amateur radio operator.
(4)Satellite dish antenna means any dish-shaped antenna designed to receive and/or send satellite
signals for the purpose of television or radio reception, or other telemetry communication, having a
diameter greater than three feet.
(b)Limitation on number.Not more than one ground-mounted antenna support structure for a licensed
amateur radio station antenna and not more than one satellite dish antenna shall be permitted on each site;
provided, however, that upon the granting of a use permit pursuant to Article 15-55 of this Chapter, a second
ground-mounted antenna support structure for a licensed amateur radio station antenna may be allowed
where:
(1)The site is one acre or greater in size;
(2)The height of each antenna does not exceed fifty-five feet; and
(3)The Planning Commission finds, in addition to the findings required under Section 15-55.070, that by
reason of the size, topography, landscaping or other special characteristics of the site, the installation
of two antenna support structures having a height below the limit prescribed in subsection (e)(3) of
this Section will mitigate the visual impact upon adjacent properties and public rights-of-way to a
greater extent than the installation of a single antenna support structure.
(c)Building permit required.A building permit shall be required for the installation or construction of any
satellite dish antenna or any ground-mounted antenna support structure in excess of thirty feet in height. No
such permit shall be issued unless the antenna and the support structure comply with the regulations set
forth in this Section. Applications for a building permit shall be made upon such form prescribed by the City
and shall be accompanied by the following items:
(1)Type and description of the antenna and its support structure, including size, shape, height and color.
(2)Plot plan showing the location of the antenna and its support structure on the site, including distance
from structures, property lines, street lines, setback lines and exposed utility lines.
(3)Construction drawings showing the proposed method of installation.
(4)Manufacturer's specifications for the antenna support structure and installation requirements,
including footings, guy wires and braces.
(5)Copy of FCC license, if the application is for a licensed amateur radio station antenna.
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(d)Location requirements.Except as otherwise specified in this Section, antenna support structures may be
roof or ground-mounted, free standing or supported by guy wires, buildings or other structures. A support
structure shall be considered ground-mounted if its base is mounted directly in the ground, even if the
structure is supported or affixed to the wall of a building. All antennas and support structures shall be
located on a site in compliance with the following standards:
(1)No antenna or support structure shall be located within any required front, side or rear setback area,
except that guy wires and antenna arrays may extend into a required side or rear setback area but may
not extend over property lines or street lines.
(2)No antenna support structure shall be located closer to any property line or street line than a distance
equal to one-half of the height of the antenna support structure.
(3)No satellite dish antenna shall be roof-mounted.
(4)Ground-mounted antenna support structures shall be located to the rear of the main structure on the
site, unless otherwise approved by the City based upon a finding that the alternative location will more
effectively reduce the visual impact of the antenna and its support structure upon adjacent properties
and public rights-of-way.
(e)Height restrictions.Antenna height shall mean the overall vertical length of the antenna support structure
and the antenna mounted thereon, including any length to which the antenna support structure is capable of
being raised, as measured from the peak of the roof with respect to a roof-mounted antenna, or from the
natural grade or finished grade, whichever is lower, with respect to a ground-mounted antenna. All antennas
shall comply with the following height restrictions:
(1)Roof-mounted antennas shall not exceed fifteen feet in height above the peak of the roof, except that
a single vertical pole or whip antenna which is not supported by guy wires may be erected to a height
of thirty feet above the peak of the roof.
(2)Satellite dish antennas shall not exceed six feet in height plus one additional foot in height for each
additional three feet of setback from the lot line or lines adjacent to the antenna, up to a maximum
height of ten feet.
(3)Ground-mounted antennas, other than satellite dish antennas, shall not exceed thirty feet in height,
except that licensed amateur radio station antennas may be erected to a height of sixty-five feet.
(f)Installation requirements.Every antenna and its support structure shall be constructed, installed and
maintained in accordance with the manufacturer's specifications and in compliance with the Uniform
Building Code and National Electrical Code as adopted by the City, and in accordance with the following
additional requirements:
(1)The antenna support structure shall be of noncombustible and corrosive-resistant material.
(2)Satellite dish antennas shall be self-supporting without guy wires.
(3)Whenever it is necessary to install an antenna near exposed utility lines, or where any property
damage would be caused by the falling of the antenna support structure, a separate guy wire must be
affixed to the antenna or the support structure and secured in a direction away from the hazard.
Exposed antenna transmission lines and guy wires shall be kept at least six feet distant from any
exposed utility lines.
(4)The antenna shall be adequately grounded for protection against a direct strike of lightning.
(g)Mitigation of visual impact.Antennas and their support structures, including guy wires and accessory
equipment, shall be located on the site and screened as much as possible by architectural features,
fences or landscaping to minimize the visual impact of the antenna and its support structure upon
adjacent properties and public rights-of-way. The materials used in constructing the antenna and its
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support structure shall not be unnecessarily bright, shiny or reflective. Conditions may be imposed
upon the issuance of a building or use permit or design review approval to mitigate the anticipated
visual impact of the proposed antenna installation.
(h)Existing antennas.This Section shall not apply to any satellite dish antenna lawfully installed prior to
November 1, 1985, or any licensed amateur radio station antenna lawfully installed prior to May 21, 1986.
Such antennas shall be allowed to remain as originally installed and shall not be considered nonconforming
structures, but any relocation or increase in the size or height thereof shall be subject to the provisions of
this Section. Any person claiming an exemption shall have the burden of proving that the antenna was
lawfully installed prior to the applicable date specified herein.
(i)Variances.The Planning Commission shall have authority to grant a variance from any of the regulations
contained in this Section pursuant to Article 15-70 of this Chapter. In addition to the findings prescribed in
Section 15-70.060, the Planning Commission shall also find that the variance is required by reason of physical
obstructions which adversely affect proper reception or transmission by the antenna. (Amended by Ord. 245
§ 2 (Att. A) (part), 2006)
(Amended by Ord. No. 272, § 2(Exh. A), 9-16-2009)
15-80.090 Repealed.
Editor's note(s)—Ord. No. 320, § 1.F.26, adopted Nov. 5, 2014, repealed § 15-80.090, which pertained to early
warning fire alarm system and derived from original codification; Ord. 242 § 2(Exh. 2[3]), 2006; Ord. 245 §
2(Att. A)(part), 2006; Ord. No. 265, § 2.B.2, adopted Apr. 15, 2009; and Ord. No. 294, § 1.A.8, adopted Sept.
5, 2012.
15-80.100 Construction trailers.
(a)No construction trailer shall be placed upon any site without first obtaining a permit to do so issued by the
Community Development Director pursuant to this Section.
(b)The Community Development Director shall have authority to issue a permit for the temporary placement of
one or more trailers on the site of a construction project for use by the owner or contractors actively
engaged in the performance or supervision of the construction work. The number and location of such
trailers shall be determined by the Community Development Director and the permit may be issued subject
to any conditions which the Director deems necessary or appropriate. No trailer may be placed upon a site
until the commencement of construction and all trailers shall be removed immediately upon completion of
the project, or at such earlier time as may be specified by the Community Development Director.
15-80.110 Covenants for easements.
(a)Creation of easement by covenant.In addition to any other method for the creation of an easement, an
easement for parking, ingress, egress, emergency access, light and air access, landscaping or open space
purposes may be created by a written covenant of easement granted to the City pursuant to this Section.
(b)Contents of covenant.The covenant of easement shall contain the following:
(1)The legal description of the real property to be burdened by the easement and the real property to be
benefited thereby.
(2)The legal description or a scale drawing of the easement, showing the location of the easement on the
restricted property.
(3)The purpose for which the easement is granted.
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(4)The terms, conditions or limitations, if any, imposed upon the use of the easement.
(5)An identification of the approval, permit or designation granted by the City which relied upon or
required the covenant.
(6)A statement that the easement is being created pursuant to this Section.
(c)Execution and recording.The covenant of easement shall be duly executed by the owner of the real
property to be restricted by the easement and shall be recorded in the office of the County Recorder.
(d)Effect of recording.The covenant of easement shall be effective when recorded and shall act as an easement
pursuant to Chapter 3 (commencing with Section 801) of Title 2, Part 2, Division 2 of the State Civil Code,
except that it shall not merge into any other interest in the restricted property. From and after the time of its
recordation, the covenant shall impart notice thereof to all persons to the extent afforded by the recording
laws of the State. Section 1104 of the State Civil Code shall be applicable to a conveyance of the real
property benefited by the easement.
(e)Common ownership required.At the time of recording the covenant of easement, all of the real property
benefited or burdened by the covenant shall be in common ownership.
(f)Enforcement.A covenant of easement executed and recorded pursuant to this Section shall be enforceable
by the City and the successors in interest to the real property benefited by the covenant and shall be binding
upon the successors in interest to the real property burdened by the covenant. Nothing in this Section shall
create in any person other than the City and the owner of the real property benefited or burdened by the
covenant standing to enforce or to challenge the covenant or any amendment thereto or release therefrom.
(g)Release of covenant.Upon the application of any person accompanied by a processing fee established by
resolution of the City Council, or upon its own initiative, the Planning Commission may release an easement
created pursuant to this Section if the Commission determines that such easement is no longer required to
achieve the land use goals of the City. A public hearing shall be conducted on the proposed release and
notice thereof shall be given not less than ten days nor more than thirty days prior to the date of the hearing
by mailing, postage prepaid, a notice of the time and place of the hearing to the applicant, the respective
owners of the property benefited or burdened by the easement, and to all persons whose names appear on
the latest available assessment roll of the County as owning property within five hundred feet of the
boundaries of the easement. Notice of the public hearing shall also be published once in a newspaper having
general circulation in the City not later than ten days prior to the date of the hearing. If the easement is
released, a release of the covenant shall be executed on behalf of the City and recorded in the office of the
County Recorder. The decision by the Planning Commission may be appealed to the City Council in
accordance with the procedure set forth in Article 15-90 of this Chapter.
(h)Authority for Section.This Section is adopted pursuant to and for implementation of Article 2.7
(commencing with Section 65870) of Title 7, Division 1, Chapter 4, of the Government Code.
15-80.120 Compliance with and recordation of conditions of approval.
Conditions of approval designated as permanent or as remaining in effect for some specified period of time
shall be applied in accordance with their terms. Provided, however, that for any parcel containing a structure that
has been the subject of design review approval pursuant to Article 15-45 or 15-46 of the Saratoga City Code and
that has received final approval from the Building Official executed on or after January 1, 2004, all new or modified
structures, impervious surfaces, or landscaping (including changes to finish contours of the site as shown on the
approved plans) built, installed, or otherwise implemented after 9:00 A.M., November 22, 2004 must be consistent
with conditions of approval attached to the prior design review approval which are identified as permanent, or for
which a term is specified, for such specified time period unless those conditions have been modified as set forth
below, For the period of time between November 22, 2004 and November 22, 2006, all conditions of approval
shall be deemed to have been identified as permanent.
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(a)Where the modification does not result in any exterior change to a structure or material change to an
approved site plan, and does not otherwise violate or change any development condition relating to
the project, the modification may be approved by the Building Official.
(b)Where the modification involves any change to a condition imposed, or plans approved, pursuant to a
prior design review approval, the modification shall be subject to approval by the Planning Commission
if the prior design review was processed pursuant to Article 15-46 or Section 15-45.060 and subject to
approval by the Community Development Director if the prior design review approval was processed
pursuant to Section 15-45.065.
(c)Any modification which is not described in either subsection (a) or subsection (b) of this Section shall
be referred to the Community Development Director, for disposition as follows:
(1)The change to a condition imposed, or plans approved, pursuant to a prior design review
approval, shall be subject to approval by the Community Development Director, if the prior
approval was processed pursuant to Section 15-45.065.
(2)The change to a condition imposed, or plans approved, pursuant to a prior design review
approval, shall be subject to approval by the Planning Commission, if the prior approval was
processed pursuant to Section 15-45.060 or Article 15.46 if such change results in any material
change to the project or any adverse impact upon the surrounding area; otherwise, the change
may be approved by the Community Development Director. A material change shall include, but
is not limited to, any ascertainable change in the size, height or elevations of a structure or its
placement upon the site; any change in the approved elevation of a building pad; any
ascertainable change in the location or design of access roads, driveways or parking areas; or any
change in a specific requirement of an approved grading plan, drainage plan, erosion control plan
or landscape plan.
(d)Notwithstanding any other provision of the City Code or recorded conditions of approval, the
Community Development Director may authorize a modification of a condition of a design review
approval to allow new or modified structures, impervious surfaces, or landscaping (including changes
to finish contours of the site as shown on the approved plans) that the Community Development
Director determines in writing to be a minor change from the prior design review approval. The
Community Development Director may make a determination that a change is minor after becoming
aware of the change or the proposed change. If the Community Development Director does not
determine a change to be minor, such change shall qualify as a violation of the City Code unless there
has been compliance with this Section. Changes which the Community Development Director may
determine to be minor may include, but are not limited to:
(1)Addition or removal of accessory structures that are not visible from the street (such as
swimming pools, decks, and gazebos) and that do not remove landscaping features intended to
serve as screening;
(2)Landscaping changes that are not visible from the street (such as replacing lawn with trees or
shrubs) and that do not remove landscaping features intended to serve as screening;
(3)Changes in the paint used on the exterior of the structure that will not during the life of the
structure substantially change the appearance of the structure from that shown in the design
review approval; and
(4)Construction of fences or walls permitted by the Saratoga City Code.
15-80.130 Tobacco retailers.
(a)Definitions.For the purposes of this Section, the following words and phrases shall have the meanings
specifically ascribed to them in this subsection, unless the context or provision clearly requires otherwise:
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(1)Person means any natural person, partnership, cooperative association, private corporation, personal
representative, receiver, trustee, assignee, or any other legal entity.
(2)Tobacco paraphernalia means cigarette papers or wrappers, pipes, holders of smoking materials of all
types, cigarette rolling machines, and any other item designed for the smoking or ingestion of tobacco
products.
(3)Tobacco products means any substance containing tobacco leaf, including, but not limited to,
cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis,
or any other preparation of tobacco; and any product or formulation of matter containing biologically
active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with
the expectation that the product or matter will be introduced into the human body, but does not
include any cessation product specifically approved by the United States Food and Drug Administration
for use in treating nicotine or tobacco dependence.
(4)Tobacco retailer means any person who sells, offers for sale, exchanges or offers to exchange for any
form of consideration, tobacco, tobacco products and/or tobacco paraphernalia; "tobacco retailing"
shall mean the doing of any of these things whether exclusively or in conjunction with any other use.
(b)Conditional use permits.Tobacco retailers are not allowed in any zoning district unless listed as a conditional
use. In zoning districts where tobacco retailers are a listed conditional use, tobacco retailers may be allowed
upon the granting of a use permit by the Planning Commission or Zoning Administrator pursuant to Article
15-55. In addition to the requirements of Article 15-55, conditional use permits for tobacco retailers must
include the following conditions:
(1)Tobacco products and/or tobacco paraphernalia shall be secured so that only store employees have
immediate access to the tobacco products and/or tobacco paraphernalia. Self-service displays are
prohibited.
(2)The tobacco retailer shall comply with local, state, and/or federal laws regarding sales, advertising or
display of tobacco products and/or tobacco paraphernalia including posting prominently near the cash
register or other point of sale the legal age to buy tobacco products and/or tobacco paraphernalia, and
checking the identification of all purchasers to ensure they are of legal age.
(3)No person under eighteen years of age may sell or exchange tobacco products or tobacco
paraphernalia.
(4)Sampling of tobacco products by individuals under eighteen years of age shall not be permitted.
Therefore, tobacco products shall not be given or sold to individuals under eighteen years of age.
(5)Smoking shall be prohibited in a premises deemed a "tobacco retailer."
(c)Limited density of tobacco retailers.Except as set forth in subsection (d), below, no tobacco retailer, not
legally in existence as of the effective date of this Section, shall be granted a conditional use permit to
operate on a site which is:
(1)Within five hundred feet of a site occupied by another tobacco retailer;
(2)Within one thousand feet of a site occupied by a public or private elementary, middle, or high school;
or
(3)Within one thousand feet of a site occupied by a City park.
All distances shall be measured in a straight line from the point on the parcel boundary of the proposed
tobacco retailer nearest to the subject use (i.e., existing tobacco retailer, school, or park) to the nearest point on
the parcel boundary of the subject use.
(d)Planning Commission findings.A proposed tobacco retailer use that does not meet the criteria set forth in
subsection (c) above, may be issued a conditional use permit by the Planning Commission if the Planning
Commission (1) makes the findings specified in Section 15-55.070 of this Code and (2) finds that the tobacco
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retailer use is compatible with the surrounding neighborhood and located and designed in a manner that is
sensitive to the proximity of schools, parks, medical facilities, and other tobacco retailers. If a proposed
tobacco retailer use would ordinarily be subject to review by the Zoning Administrator, the use permit shall
be considered by the Planning Commission in the first instance if, in the course of staff review of the permit
application, it is determined that the proposed use does not meet the criteria set forth in subsection (c),
above.
(e)Existing tobacco retailers, procedure for administrative approval.If a tobacco retailer is legally in existence
on October 16, 2009, the operator is not required to obtain a conditional use permit or satisfy the density
requirements in subsection (d), above, as long as the operator applies for an Administrative Existing Tobacco
Retailer Use Permit by April 16, 2010. The Director shall issue an Administrative Existing Tobacco Retailer Use
Permit to any tobacco retailer legally in existence as of the date of enactment of this Section when the
Director obtains a declaration from the tobacco retailer operator declaring that it will comply with the
conditions in subdivision (b). No fee shall be charged for this permit.
(f)Suspension or revocation of a use permit.
(1)The suspension and revocation provisions set forth in this subsection apply to use permits granted
under both subsections (b) and (d).
(2)Grounds for suspension or revocation. In addition to any basis for suspension or revocation under
Article 15-55, a tobacco retailer's use permit status shall be suspended or revoked if the Director finds,
after notice and opportunity to be heard, any of the following:
a.That the permit holder has violated any of the use permit conditions of approval, including
without limitation the conditions set forth in subsection (b) of this section; or
b.That the permit holder has violated any local, state or federal law governing the sale,
advertisement or display of tobacco products or tobacco paraphernalia.
(3)Suspension shall suspend the privilege of tobacco retailing for a stated period pursuant to subsection
(4) of this subsection. Revocation shall be without prejudice to the filing of a new application for a
conditional use permit following correction of the conditions that required the revocation.
(4)Suspension or revocation of CUP. If the Department finds that there are grounds for the suspension of
a CUP, the following sanctions shall be imposed:
a.A first violation of this Section shall result in a thirty-day suspension of the right to sell tobacco
products and tobacco paraphernalia.
b.A second violation of this Section within a sixty-month period shall result in a ninety-day
suspension of the right to sell tobacco products and tobacco paraphernalia.
c.A third or subsequent violation of this Section within a sixty-month period may result in a
revocation of the right to sell tobacco products and tobacco paraphernalia.
(5)Appeal of suspension and/or revocation. The decision of the Director is appealable to the Hearing
Officer pursuant to Section 3-15.070 of this Code, provided that any appeal must be filed within ten
days of receipt of the Director's decision. An appeal shall stay all proceedings in furtherance of the
appealed action.
(g)Enforcement.
(1)Violations of this Section and any use permit issued hereunder are hereby declared to be public
nuisances.
(2)In addition to other remedies provided by this Section or by other law, any violation may be remedied
by a civil action brought by the City Attorney, including, but not limited to, administrative or judicial
nuisance abatement proceedings, civil or criminal code enforcement proceedings, unfair business
practice proceedings under Business & Professions Code Section 17200 et seq., and suits for injunctive
91
Page 15 of 16
relief. The remedies provided by this Section are cumulative and in addition to any other remedies
available at law or in equity.
15-80.140 Prohibition of Commercial Marijuana Land Uses and Regulation of Personal
Marijuana Cultivation in all districts.
(a)Definitions.For purposes of this Section, "Commercial marijuana land use" means any place, location,
building, structure, or establishment where commercial marijuana activity, as defined in Section 6-30.020(a),
occurs. The definition of terms in Section 6-30.020 apply to the same terms used in this Section.
(b)Prohibition of use.Commercial marijuana land uses, the outdoor cultivation of marijuana, and the indoor
cultivation of marijuana (except indoor cultivation for personal use as provided in Section 6-30.040(b)), shall
not be permitted in any zoning district.
(c)Enforcement.
(1)Violations of this Section are hereby declared to be public nuisances and determined to be an
immediate hazard to the public health, safety or welfare for purposes of Article 3-20 (Emergency
Nuisance Abatement Procedure) of this Code.
(2)Enforcement of this Section shall be conducted pursuant to Section 6-30.050 of this Code.
15-80.150 Lot consolidation.
(a)Purpose and applicability.Incentives are intended to encourage the consolidation of lots thirty thousand
square feet or smaller into larger development sites to achieve the scale and quality of development
envisioned for the subject zoning districts. Incentives apply to consolidation of lots as part of an application
for mixed-use or multi-family development in the M-U, P-A, C-N, C-V, and C-H zones, provided the resulting
development site is larger than one-half acre. Lot consolidation shall be processed pursuant to Article 14-65,
Merger of Parcels.
(b)Incentives.Incentives for lot consolidation are as follows:
Number of lots
consolidated
Incentive Options1
Two or three lots combined into one • 10% more units allowed above the base density; or
• 20% reduction in required parking
Four or more lots combined into one • 15% more units allowed above the base density; or
• 20% reduction in required parking
1. Incentives are in addition to any concessions or waivers granted through State Density Bonus Law.
(c)Consolidation agreements.The City Council is authorized, in its discretion, to approve by resolution
agreements with project applicants providing different incentives on a case-by-case basis, such as increased
building height, vacation of alleys, reductions in processing fees, in-lieu fees, or utility connection fees.
15-80.160 Replacement housing units.
A housing development project proposed on a site that (i) is identified on the Housing Sites Inventory (shown
in Figure 6-2 of the Housing Element of the Saratoga General Plan) and (ii) contains or contained housing of the
type described in subsection (a) shall replace that housing as described in subsection (b).
(a)This section shall apply to sites described in clause (i) above that either:
(1)Contain rental dwelling units; or
92
(Supp. No. 54)
Page 16 of 16
(2)In the five year period preceding the application contained rental dwelling units that (A) were
vacated or demolished in that period and (B) were either (i) subject to a recorded covenant,
ordinance, or law restricting rents to levels affordable to persons and families of lower or very
low income; (ii) subject to any other form of rent or price control; or (iii) occupied by lower or
very low income households.
(b)A development subject to this section shall replace the units described in subsection (a) in the manner
required by Government Code section 65915(c)(3)(B).
(c)Terms used in this section and not otherwise defined herein shall have the meaning set forth in
Government Code section 65915.
15-80.165 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, a creek protection easement shall be required as set out in City Code section 14-25.065,
and building setbacks for any new construction shall be measured from the top of the creek bank(s) away
from the water course 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.
(b)Existing structures. Any existing structure, which encroaches into the creek protection setbacks, shall be
considered nonconforming, and shall be regulated by Article 15-65, Nonconforming Uses and Structures.
Any new addition to an existing structure shall comply with the creek protection setback requirements.
(c)Accessory structures. Accessory structure may be permitted within a creek protection setbacks subject to
compliance with the special rules as set forth in Section 15-80.030 of this Chapter.
(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.
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Saratoga Planning Commission Agenda – Page 1 of 3
SARATOGA PLANNING COMMISSION
REGULAR MEETING
DECEMBER 11, 2024
In accordance with Saratoga City Council’s Remote Public Participation Policy, members of the
public may participate in these meetings in person at the locations listed below or via remote
attendance (if applicable) using the Zoom information below. In the event remote participation
technology is unexpectedly unavailable; the meeting will proceed in person without remote
participation.
Members of the public can view and participate in the 5:00 p.m. Study Session by:
1. Attending in person at: City Hall Linda Callon Conference Room; OR
2. Accessing the meeting via Zoom:
• https://us02web.zoom.us/j/87681405123 (Webinar ID 886 8889 4190); OR
• Calling 1.669.900.6833 or 1.408.638.0968
3. Viewing online at http://saratoga.granicus.com/MediaPlayer.php?publish_id=2 and calling the
numbers listed above.
Members of the public can view and participate in the 7:00 p.m. Regular Session by:
1. Attending in person at: City Hall Civic Theater; OR
2. Accessing the meeting via Zoom
• https://us02web.zoom.us/j/82652375945 (Webinar ID 826 5237 5945)
• Calling 1.669.900.6833 or 1.408.638.0968; OR
3. Viewing the meeting on Saratoga Community Access Television Channel 15 (Comcast
Channel 15, AT&T UVerse Channel 99) and calling the numbers listed above; OR
4. Viewing online at http://saratoga.granicus.com/MediaPlayer.php?publish_id=2 and calling the
numbers listed above.
Written Communication
Comments can be submitted in writing at www.saratoga.ca.us/pc. Written communications will be
provided to the members of the Planning Commission and included in the Agenda Packet and/or
in supplemental meeting materials.
5:00 P.M. - STUDY SESSION
Linda Callon Conference Room | 13777 Fruitvale Avenue, Saratoga, CA 95070
ROLL CALL
1. Residential Objective Design Standards
Recommended Action:
Recommend the Planning Commission conduct a Study Session to review and provide feedback.
ADJOURNMENT
Saratoga Planning Commission Agenda – Page 2 of 3
7:00 P.M. - REGULAR MEETING
Civic Theater | 13777 Fruitvale Avenue, Saratoga, CA 95070
PLEDGE OF ALLEGIANCE
ROLL CALL
2. APPROVAL OF MINUTES
Action Minutes from the Planning Commission Meeting of November 13, 2024.
Recommended Action:
Approve Minutes of November 13, 2024 Regular Planning Commission 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
Any interested person objecting to the whole, or any portion of decision on this Agenda, may file
an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the
decision. The City Council conducts de novo review of appeals.
2. PUBLIC HEARINGS
2.1 (continued from 11/13/24) Application PDR23-0016/ARB23-0094: 19106 Panorama
Drive; (397-09-021) Terry J. Martin Associates (Applicant): The applicant is requesting Design
Review approval for a new 5,429 square foot two story single-family residence with a 1,134 square
foot basement. The project includes a request for a height exception to increase the allowable 26’
tall building height by an additional 3.48” for a total building height of 29’-4.0”. One protected
California Pepper tree is proposed for removal. The site is zoned R-1-40,000 with a General Plan
Designation of Very Low Density Residential (RLD). Staff Contact: Christopher Riordan (408)
868-1235 or criordan@saratoga.ca.us.
Recommended Action:
Adopt Resolution No. 24-030 approving the project subject to conditions of approval included in
Attachment 1.
2.2 Application PDR24-0008/ARB24-0091: 14833 Andrew Ct; (397-32-009) Michelle Miner
Design (Applicant): The applicant is requesting Design Review approval for a home addition for
a new 5,514 square foot two-story single-family residence with a 920 square foot attached
accessory dwelling unit (ADU). No protected trees are proposed for removal. The site is zoned R-
1-40,000 with a General Plan Designation of Very Low Density Residential (RVLD). Staff
Contact: Kyle Rathbone (408) 868-1212 or krathbone@saratoga.ca.us.
Recommended Action:
Saratoga Planning Commission Agenda – Page 3 of 3
Adopt Resolution No. 24-034 approving the project subject to conditions of approval included in
Attachment 1.
2.3 Application ZOA24-0004: City Wide. Amend Zoning Standards for Lot Consolidation:
Amendment of Saratoga Municipal Code sections 15-18.0150 (Lot consolidation incentives). The
proposed zoning amendment would encourage small lot consolidation, which would better align
with Housing Element programs required by HCD to facilitate the development of mixed-use and
multifamily housing, particularly for affordable housing, within housing opportunity sites. Staff
Contact: Kyle Rathbone (408) 868-1212 or krathbone@saratoga.ca.us.
Recommended Action:
Adopt Resolution No. 24-033 recommending the City Council adopt an ordinance amending
Chapter 15 (Zoning Regulations) of the Saratoga City Code to implement programs of the 2023-
2031 Housing Element.
3. DIRECTOR ITEMS
4. COMMISSION ITEMS
5. ADJOURNMENT
CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA
PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
I, Frances Reed, Administrative Analyst for the City of Saratoga, declare that the foregoing agenda
for the meeting of the Planning Commission was posted and available for review on December 5,
2024 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's
website at www.saratoga.ca.us.
Signed this 5th day of December 2024 at Saratoga, California.
Frances Reed, Administrative Analyst.
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials
provided to the Planning Commission by City staff in connection with this agenda, copies of
materials distributed to the Planning Commission concurrently with the posting of the agenda,
and materials distributed to the Planning Commission by staff after the posting of the agenda are
available on the City Website at www.saratoga.ca.us or available at 13777 Fruitvale Avenue,
Saratoga, CA 95070.
In Compliance with the Americans with Disabilities Act, if you need assistance to participate in
this meeting, please contact the City Clerk at bavrit@saratoga.ca.us or calling 408.868.1216 as
soon as possible before the meeting. The City will use its best efforts to provide reasonable
accommodations to provide as much accessibility as possible while also maintaining public safety
[28 CFR 35.102-35.104 ADA title II].
DRAFT MINUTES
WEDNESDAY NOVEMBER 13, 2024
SARATOGA PLANNING COMMISSION SPECIAL MEETING
Chair Choi called the Meeting to order at 7:00 p.m.
ROLL CALL
PRESENT: Chair Jojo Choi, Vice Chair Anjali Kausar, Commissioners Clinton
Brownley, Paul Germeraad, Ping Li, Razi Mohiuddin and Herman Zheng
ABSENT: None
ALSO PRESENT: Bryan T. Swanson, Community Development Director
Christopher Riordan, Senior Planner
Kyle Rathbone, Associate Planner
Frances Reed, Administrative Analyst
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS: NONE
1. APPROVAL OF MINUTES
Action Minutes from the Planning Commission Meeting of November 13, 2024
Recommended Action:
Approve Minutes of November 13, 2024 Regular Planning Commission Meetings.
BROWNLEY/MOHIUDDIN MOVED TO APPROVE THE MINUTES OF THE NOVEMBER 13,
2024 MEETING. MOTION PASSED. AYES: BROWNLEY, GERMERAAD, KAUSAR, LI,
MOHIUDDIN, ZHENG. NOES: NONE. ABSENT: NONE. ABSTAIN: CHOI.
2. PUBLIC HEARINGS
2.1 Application PDR23-0016/ARB23-0094: 19106 Panorama Drive; (397-09-021) Terry J. Martin
Associates (Applicant): The applicant is requesting Design Review approval for a new 5,429 square foot
two story single-family residence with a 1,134 square foot basement. The project includes a request for a
height exception to increase the allowable 26’ tall building height by an additional 3.48” for a total building
height of 29’-4.0”. One protected California Pepper tree is proposed for removal. The site is zoned R-1-
40,000 with a General Plan Designation of Very Low Density Residential (RLD). Staff Contact: Christopher
Riordan (408) 868-1235 or criordan@saratoga.ca.us.
Recommended Action:
Adopt Resolution No. 24-030 denying the project as staff cannot make all the required findings for design
review and for granting a height exception for a single-family dwelling to exceed a height of 26 feet.
Li Lin spoke on the agenda item
Ajit Mayya spoke on the agenda item
Terry M artin spoke on the agenda item
MOHIUDDIN/KAUSAR MOVED TO CONTINUE APPLICATION PDR23-0016 TO THE
DECEMBER 11, 2024 MEETING. MOTION PASSED. AYES: BROWNLEY, CHOI, GERMERAAD,
KAUSAR, LI, MOHIUDDIN, ZHENG. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE.
2.2 Application PDR24-0009/ARB24-0068/FER24-0001: 14768 Vickery Ave; (517-27-011) Andison
Residential Design (Applicant): The applicant is requesting Design Review approval for a new 4,593 square
94
foot one-story single-family residence over 18 feet tall with a 652 square foot attached accessory dwelling
unit (ADU) and a Fence Exception for a fence of 6-feet of solid material plus an additional 2-feet of lattice
material within the exterior side setback where 3 feet is allowed. 5 protected trees are proposed for removal.
The site is zoned R-1-15,000 with a General Plan Designation of Medium Density Residential (M-10). Staff
Contact: Kyle Rathbone (408) 868-1212 or krathbone@saratoga.ca.us.
Recommended Action:
Adopt Resolution No. 24-031 approving the project subject to conditions of approval included in
Attachment 1.
KAUSAR/BROWNLEY MOVED TO ADOPT RESOLUTION NO. 24-031 APPROVING
APPLICATION PDR24-0009 SUBJECT TO CONDITIONS OF APPROVAL. MOTION PASSED.
AYES: BROWNLEY, CHOI, KAUSAR, LI, MOHIUDDIN, ZHENG. NOES: GERMERAAD. ABSENT:
NONE. ABSTAIN: NONE.
2.3 Application PDR23-0023/VAR23-0004/ARB24-0060: 14771 Montalvo Rd; (517-19-040) Joseph W.
Beyers (Applicant): The applicant is requesting Design Review approval for a new 4,563 square foot two-
story single-family residence with a 790 square foot detached accessory dwelling unit (ADU) and a
Variance for SB 9 Lot Split parcel map width and area requirements, encroachment of the main residence
into the front setback, and allowable floor area limits for the main home. 11 protected trees are proposed
for removal. The site is zoned R-1-20,000 with a General Plan Designation of Low Density Residential (M-
10). Staff Contact: Kyle Rathbone (408) 868-1212 or krathbone@saratoga.ca.us.
Recommended Action:
Adopt Resolution No. 24-032 approving the project subject to conditions of approval included in
Attachment 1.
Anna Sani spoke on the agenda item
Hadi Ghafouri spoke on the agenda item
KAUSAR/LI MOVED TO ADOPT RESOLUTION NO. 24-032 APPROVING APPLICATION
PDR23-0023 SUBJECT TO CONDITIONS OF APPROVAL. MOTION PASSED. AYES:
BROWNLEY, CHOI, GERMERAAD, KAUSAR, LI, MOHIUDDIN, ZHENG. NOES: NONE. ABSENT:
NONE. ABSTAIN: NONE.
3. DIRECTOR ITEMS
Director Swanson reminded the Commission of the December 11th Study Session to discuss the
Objective Design Standards. Director Swanson also mentioned that the Lot Consolidation Incentives
will be on the December agenda. In January staff would like to hold the Planning Commission either
on the 22nd or the 29th of January an email will be sent out to the Commission requesting replies. On
November 20th City Council will hold a Study Session on Builders Remedy.
4. COMMISSION ITEMS
Vice -Chair Kausar thanked fellow Commissioners for worked well together and wished everyone a
happy Thanksgiving. Commissioner Germeraad thanked the applicant on the Montalvo project for
outlining the proposed project site.
5. ADJOURNMENT
Chair CHOI moved for adjournment at 9:21 p.m.
Minutes respectfully submitted:
Frances Reed, Administrative Analyst
City of Saratoga
95
REPORT TO THE
PLANNING COMMISSION
19106 Panorama Drive
Meeting Date:December 11, 2024
Application:PDR23-0016 / ARB23-0094
Address/APN:19106 Panorama Drive / 397-09-021
Applicant / Property Owner:Terry J. Martin Associates / Ajit R. Mayya &
Sonali Desai
Report Prepared By:Christopher Riordan, Senior Planner
96
Report to the Planning Commission
19106 Panorama Drive
December 11, 2024
Page | 2
PROJECT DESCRIPTION
The applicant is requesting Design Review approval for a new 5,429 square foot two-story single-
family residence with a 1,134 square foot basement. The project includes a request for a height
exception to increase the allowable 26’ tall building height by an additional 3.48’ for a total building
height of 29.48’ (29’-4”). One protected California pepper tree is proposed for removal.
STAFF RECOMMENDATION
Adopt Resolution No. 24-033 approving the project as staff can make all required findings for
design review and for granting a height exception for a single-family dwelling to exceed a height of
26 feet.
Pursuant to City Code Section 15-45.060(a)(1) and 15-12.100(a), Design Review Approval by the
Planning Commission is required as the project is a new two-story single-family residence, and the
applicant is requesting to increase the height of the dwelling above 26 feet.
PROJECT DATA
Gross/Net Site Area:60,984sq. ft. (1.40 acres) / 52,708 sq. ft. (1.21 acres)
Average Site Slope:15.4%
General Plan Designation:RVLD (Residential Low Density)
Zoning:R-1-40,000
Proposed Allowed/Required
Site Coverage
Residence/Garage
Decks / Patios
Pool
Sport Court
Trash Enclosure
Permeable Driveway / Pathways
Total Proposed (structures)
4,021 sq. ft.
2,045 sq. ft.
634 sq. ft.
1,171 sq. ft.
140 sq. ft.
3,428 sq. ft.
11,439 sq. ft. (21.7%)
18,448 sq. ft. (35%)*
Floor Area (Main Residence)
First Floor
Second Floor
Attached Garage
Porch
Basement (Floor Area)
Total Floor Area
2,854 sq. ft.
1,513 sq. ft.
818 sq. ft.
36 sq. ft.
208 sq. ft.
5,429 sq. ft.
6,060 sq. ft.
Height 29’-4”26’
Setbacks
Front:
Left Side:
Right Side
Rear:
1st Floor
81’-90’’
84’-8.0”
31’-2.0”
46’-4.0”
2nd Floor
81’-90’’
89’-7.0”
54’-5.0”
46’-4.0”
1st Floor
30’
20’
20’
20’
2nd Floor
30’
25’
25’
20’
Grading Cut
1,500 C.Y.
Fill
180 C.Y.
Total
1,680 C.Y.
No grading limit in the
R-1-40,000 zoning district
97
Report to the Planning Commission
19106 Panorama Drive
December 11, 2024
Page | 3
SITE CHARACTERISTICS AND PROJECT DESCRIPTION
Site Description
The 52,708 net square foot project site is a corner site located at the intersection of Panorama
Drive and El Camino Grande at 19106 Panorama Drive. The site contains an existing two-story
single-family residence and related site improvements. A total of 35 protected trees are located
on site which include Coast Live Oak, Redwood, Monterey Pine, and Pepper. Nearby homes are
located on similarly sized parcels and are a combination of both one- and two-storystructures.
Project Description
The existing two-story single-family residence and all improvements including hardscape will be
removed. The project will consist of a two-story residence with a basement. The architectural
style is defined by the applicant as “Modern Farmhouse” and will include a 1,134 square foot
basement, a 2,890 square foot first story with an attached 818 square feet front facing garage and
a 1,513 second story. The proposed height is 29’-4”.
The Modern Farmhouse architectural style is a contemporary interpretation of traditional farmhouse
design. While it draws inspiration from the classic farmhouses of the past, it incorporates modern
elements and aesthetics that set it apart and is typically characterized by a distinctive blend of
traditional agricultural elements—such as gabled roofs, expansive porches, and the use of natural
materials—with modern design principles. Exterior materials often include a combination of wood,
metal, and stone to create a textured yet cohesive appearance. The exterior of modern farmhouses
typically incorporates a neutral color scheme with whites, grays, and muted tones accented by
darker shades of natural wood.
The proposed project will include a primarily square building footprint with minimal architectural
projections. In keeping with the Modern Farmhouse style, the symmetrical façade will include
square windows, vertical board and batten siding, a stucco front entryway element, and a standing
seam metal roof. The three garage doors will have a carriage style. The left elevation will include a
walkout basement.
Height Exception
The Saratoga City Code limits the height of a residential structure to 26 feet. However, the
Planning Commission may grant a height exception up to 30 feet when findings for additional
height can be made pursuant to City Code Section 15-12.100. These findings are detailed in the
findings section of this report. The applicant is requesting a height exception to allow a
maximum overall building height for the primary dwelling unit of 29’-4.0”. To approve a request
for a height exception it must be found that the additional height is a necessary component of an
identifiable and well documented architectural style and that the design of the structure will be
similar in scale with structures in the surrounding neighborhood. The applicant submitted a
written project description and letter of justification for the height exception which is included as
Attachment #3. The applicants’ justifications for the height exception include:
Additional building height is necessary to maintain key aspects and feel of a Modern
Farmhouse residence which includes comfortable ceiling heights, bright and airy interior
spaces, large windows, and a pitched gable and hipped roof.
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Report to the Planning Commission
19106 Panorama Drive
December 11, 2024
Page | 4
Colors and Materials
The applicant has provided a color and materials board (Attachment #5). Below is a list of the
proposed exterior materials.
Detail Colors and Materials
Exterior Off White Colored Cementitious Board and Batten Siding
Off White Colored Stucco
Windows Black Colored Windows w/ Metal Frames and Grids
Doors Metal and Glass Front Entrance Door
Grey Colored Garage Door
Roof Grey Colored Standing Seam Metal Roof
Trees
The project arborist inventoried a total of 35 protected trees on the site which include Sequoia,
Coast Live Oak, and California Pepper. One California Pepper tree located on the opposite side of
the street is proposed for removal because of street widening requested by the Fire Department. This
tree is in poor condition with decay, was previously topped to clear space for overhead utility lines,
and the City Arborist is recommending that it be removed. Tree fencing is required to be installed to
minimize impacts to remaining protected trees prior to project commencement and during its
duration. The payment of a tree protection security deposit is required prior to building permit
issuance. Details of the arborist’s findings and description of the trees on site is included in the
Arborist Report (Attachment #2).
Landscaping
The proposed landscaping for the project site – Sheet L2 of the Project Plans (Attachment #6) –
illustrates the project site will be completely landscaped. Landscaping for the front yard and side
yards will include turf and flowering groundcovers, new shrubs, and new trees. Permeable pavers
will be used for a new driveway. Hardscape will include a new swimming pool, sport court, and
patios.
FINDINGS
Height Exception
The Planning Commission may approve a structure up to thirty feet in height pursuant to City
Code Section 15-12-100, if the Planning Commission finds and determines that:
(a)The additional height is a necessary component of an identifiable and well documented
architectural style . This finding can be made in the affirmative as the proposed
architectural design of the project is an identifiable and well-documented architectural
style. While a traditional farmhouse may have historical architectural details, such as
classic gables, dormer windows, and porches with railings, a Modern Farmhouse design is
a contemporary interpretation of traditional farmhouse design which has grown in
popularity to include open floor plans, large windows and doors to maximize natural light.
The applicant’s assertion that additional building height is necessary to maintain key
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Report to the Planning Commission
19106 Panorama Drive
December 11, 2024
Page | 5
aspects of a Modern Farmhouse is in keeping with the traditional design of a modern
farmhouse and does warrant an increase in building height more than 26 feet.
(b)The design of the structure will be similar in scale with structures in the surrounding
neighborhood . This finding can be made in the affirmative in that the proposed project
with an overall building height of 29’-4” will be in scale with adjacent two-story homes on
Panorama Drive. The project includes a walkout basement on a lower portion of the site,
which drops the measurement of average grade, so that height of the structure exceeds 26
feet when measured from average grade. However, most of the structure is located on the
higher portion of the site which has an overall height of less than 26 feet, so the height of
the project is substantially similar in scale with surrounding structures in the neighborhood.
(c) The net lot size used for determining floor area exceeds twenty-thousand square feet.
This finding can be made in the affirmative in that the net lot size is 52,708 square feet and
exceeds the minimum lot size of 20,000 square feet.
Design Review
The findings required for Design Review Approval pursuant to City Code Section Article 15-45.080
are set forth below and the Applicant has not 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 new residence will be in approximately the same location as the existing
house to be removed which will minimize grading necessary to create a new building pad.
Grading outside the footprint of the building will be limited to site contouring for drainage,
proposed landscaping, patios, driveway, and the construction of a swimming pool.
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 of the
35 protected trees on the site only one California Pepper tree located on the opposite side of
Panorama Drive conflicts with required fire department street widening – this tree is in poor
condition and will be removed. Tree protection fencing is required to be installed prior to the
issuance of building permits and shall remain in place for project duration.
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 height of the structure and its
location will avoid unreasonable privacy impacts to adjoining neighbors in that existing and
proposed landscaping will screen views from second story windows into adjacent properties and
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Report to the Planning Commission
19106 Panorama Drive
December 11, 2024
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the second story setbacks exceed the minimum of the R-1-40,000 zoning district to enhance
privacyby minimizing views into windows and yards of adjacent lots to the side and the rear.
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 mass and height of the structure, and its architectural elements are in scale with the
structure and with the neighborhood which is a combination of both one and two story single
family homes.
e.The landscape design minimizes hardscape in the front setback area and contains elements
that are complementary to the neighborhood streetscape.This finding can be made in the
affirmative in that the proposed landscaping for the front yard will include flowering
groundcovers, shrubs, fruit trees, native trees, and a minimal amount of hardscape to include a
portion of the permeable paver driveway
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 site and adjacent
sites are large with ample distances from one residence to the next. Do the size of the lots and
the distances between nearby residences there will be no shadowing caused by the project that
could pose an unreasonable impact on adjoining properties to utilize solar energy.
g.The design of the structure and the site development plan is consistent with the Residential
Design Handbook, pursuant to Section 15-45.055. This finding can be made in the affirmative
because the proposed project does incorporate applicable design policies and techniques from
the Residential Design Handbook. The overall mass and height of the structure is 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. In
addition, the proposed materials, colors, and details enhance the architecture in a well-
composed, understated manner.
h.On hillside lots, the location and the design of the structure avoid unreasonable impacts to
ridgelines, significant hillside features, community viewsheds, and is in compliance
with Section 15-13.100.This finding is applicable to the project because the average slope
exceeds 10% therefore classifying the site as a hillside lot however there are no ridgelines in the
vicinity of the project, no significant hillside feature, community viewsheds, and that Section
15-13.100 (Hillside Residential (HR) Zoning District Development Standards) are not
applicable.
NEIGHBOR NOTIFICATION AND CORRESPONDENCE
The applicant contacted adjacent neighbors regarding the project and was able to obtain neighbor
notification forms from eight adjacent neighbors. None of the notices included project related
comments. The Community Development Department mailed public notices 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.
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Report to the Planning Commission
19106 Panorama Drive
December 11, 2024
Page | 7
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. The project, as proposed, is for the construction of a new residence in a suburban,
residential area.
ATTACHMENTS
1. Resolution No. 24-033
2. Arborist Report dated July 29, 2024
3. Applicant Project Justification Letter
4. Project Notification Forms
5. Materials Board
6. Project Plans
102
RESOLUTION NO: 24-033
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
APPROVING AN APPLICATION FOR DESIGN REVIEW AND A REQUEST FOR A
HEIGHT EXCEPTION – PDR23-0016 - FOR PROPERTY LOCATED AT
19106 PANORAMA DRIVE (397-09-021)
WHEREAS, on September 21, 2023, a Design Review application was submitted to the
City of Saratoga by Terry J. Martin Associates, AIA on behalf of Ajit R. Mayya and Sonali Desai
for Design Review approval and City Arborist Clearance for a 5,429 square foot two-story single-
family residence with a 926 square foot basement. The project includes a request for a height
exception for a 29.48’ residential structure whereas the maximum height is 26 feet. One protected
California pepper tree is proposed for removal.
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 November 13, 2024, the Planning Commission held a duly noticed public
hearing on the subject application, considered evidence presented by City Staff, the applicant, and
other interested parties, and disagreed with the City Staff’s recommendation to deny the project as
staff could not make the all the required findings to recommend approval. The Planning
Commission expressed their support for the project and directed City Staff to prepare a resolution
for approval and continued the application to their meeting of December 11, 2024.
WHEREAS, on December 11, 2024, the Planning Commission held a duly noticed public
hearing on the subject application, 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 to Section 15303, “New Construction or Conversion of Small Structures”, Class
3(a) of the Public Resources Code (CEQA). This exemption allows for the construction 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 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
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PDR23-0016
December11, 2024
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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
neighborhood. In addition, the proposed materials, colors, and details enhance the architecture in a
well-composed, understated manner.
Section 5: The proposed residence is consistent with the Saratoga City Code in that the
design is consistent with the findings for single-family dwellings to exceed an overall building
height of 26 feet. The additional height is a necessary component of an identifiable and well
documented architectural style; the design of the structure will be similar in scale with structures in
the surrounding neighborhood; and the net lot size used for determining floor area exceeds 20,000
square feet.
Section 6: The City of Saratoga Planning Commission hereby approves PDR23-0016,
19106 Panorama Drive (APN 397-09-021), 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 11th day of
December 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSE:
____________________________
Jonathan “JoJo” Choi
Chair, Planning Commission
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19106 Panorama Drive
PDR23-0016
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Exhibit 1
CONDITIONS OF APPROVAL
PDR23-0016
19106 PANORAMA DRIVE
(APN 397-09-021)
GENERAL
1. All conditions below which are identified as permanent or for which an alternative period 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. 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. all claims, demands, actions, expenses, or liabilities arising from or in any manner relating
to the performance of such construction, installation, alteration, or grading work by the
Owner and/or Applicant, their successors, or by any person acting on their behalf.
In addition, prior to any Zoning Clearance, Owner and Applicant shall execute a separate
agreement containing the details of this required Agreement to Indemnify, Hold Harmless and
Defend, which shall be subject to prior approval as to form and content by the City Attorney.
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PDR23-0016
December11, 2024
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COMMUNITY DEVELOPMENT DEPARTMENT
5. 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.
6. The development shall be located and constructed to include those features, and only those
features, as shown on the plans approved by the Planning Commission on December 11, 2024.
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 the CityCode.
7. 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.
8. 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.
9. 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 the CityCode.
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.
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.
10. All fences, walls and hedges shall conform to height requirements provided in the City Code
Section 15-29.
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11. 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.
12. 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.
13. West Valley Collection & Recycling is the exclusive roll-off and debris box provider for the
City of Saratoga.
FIRE DEPARTMENT
14. The owner/applicant shall comply with all applicable Fire Department requirements.
CITY ARBORIST
15. The owner/applicant shall comply with all applicable City Arborist requirements.
ENGINEERING
16. 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.
17. Applicant / Owner shall obtain an encroachment permit for 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.
18. Damages to driveway approach, curb and gutter, public streets, or other public improvements
during construction shall be repaired prior to final inspection.
19. All new/upgraded utilities shall be installed underground.
20. 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.
21. 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
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PDR23-0016
December11, 2024
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Landscaping).
22. All building and construction related activities shall adhere to New Development and
Construction – Best Management Practices as adopted by the City for the purpose of preventing
storm water pollution:
•Owner shall implement construction site inspection and control to prevent construction site
discharges of pollutants into the storm drains per approved Erosion Control Plan.
•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 the
installation of permanent erosion control measures.
•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.
23. Prior to the commencement of any earthwork/grading activities, the permittee shall arrange a
pre-construction meeting. The meeting shall include the City of Saratoga Grading Inspector
(408-868-1201), the grading contractor, and the project Soils Engineer. The permittee or
representative shall arrange the pre-construction meeting at least 48 hours prior to the start of
any earthwork activities.
24. Prior to foundation inspection by the City, the LLS of record shall provide a written certification
that all building setbacks are per the approved plans.
25. Prior to the Building final, all Public Works conditions shall be completed per approved plans.
26. Upon completion of the rough grading work and at the final completion of the project the final
grading reports are to be submitted to the City per section 16-17.150 of the City Municipal
Code.
BUILDING DEPARTMENT SUBMITTAL
27. Complete construction plans shall be submitted to the Building Division. These plans shall be
subject to review and approval by the City prior to issuance of Zoning Clearance. The
construction plans shall, at a minimum include the following:
a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A”
on file with the Community Development Department.
b. All additional drawings, plans, maps, reports, notes, and/or materials required by the
Building Division.
c. This signed and dated Resolution printed onto separate construction plan pages.
***End of Conditions ***
108
Community Development Department
13777 Fruitvale Avenue
Saratoga, CA 95070
www.saratoga.ca.us/171/trees
408.868.1276
CITY OF SARATOGA ARBORIST APPROVAL
Conditions of Approval and Tree Protection Plan
Prepared by Christina Fusco, City Arborist Application No. ARB23-0094
Phone: (408) 868-1276 Address: 19106 Panorama Drive
Email: cfusco@saratoga.ca.us Owner: Ajit R. Mayya & Sonali Desai
APN: 397-09-021
Date: July 29, 2024
PROJECT SCOPE:
The applicant has submitted plans to demolish the existing house and construct a new home and pool.
One tree is requested for removal to construct the project.
PROJECT DATA IN BRIEF:
Tree security deposit – Required - $82,890
Tree protection – Required – See Conditions of Approval and attached map.
Tree removals –
Five trees were removed and permitted on after-the-fact tree
permit number ATFTR22-0024. Tree #35 is approved for
removal once building permits have been issued.
Replacement trees – Required = $38,500
ATTACHMENTS:
1 – Findings and Tree Information
2 – Tree Removal Criteria
3 – Conditions of Approval
4 – Map Showing Tree Protection
1 of 11 109
19106 Panorama 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.
Five trees were removed and permitted on after-the-fact tree permit number ATFTR22-
0024. One California pepper tree #35 is in conflict with the road improvements and meets
the City’s criteria allowing it 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 Trees Removed without Permits Issued
Table 2: Summary of Trees Requested for Removal
Tree No. Species Criteria met Comments
35 Shinus molle
California Pepper 1, 6, 7, 8, 9 In conflict with road
improvements for fire access
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 tree information, recommendations and maps from the submitted arborist
report dated June 12, 2024;
2)The Project Data in Brief and Conditions of Approval from this report dated July 29,
2024.
TREE INFORMATION:
Project Arborist: David Beckham
Date of Report: June 12,2024
Number of protected trees inventoried: 19
Number of protected trees requested for removal: 1
2 of 11 110
Survey:
Tree# Species DBH CON HT/SPComments
1P Valley Oak 48.6 60 55/55 Fair vigor, fair form, limbs headed in past,
(Quercus lobata)cabled limbs, surrounded by hardscapes.
Appraised Value=$31,300
2*P Coast Live Oak 21.4 70 30/45 Good vigor, fair form.
(Quercus agrifolia)
Appraised Value=$6,500
3* Redwood 5.1 65 15/10 Fair vigor, good form, minor drought stress.
(Sequoia sempervirens)
4 Redwood 5.7 0 20/10 DEAD.
(Sequoia sempervirens)
5 Coast Live Oak 4.5 45 15/12 Fair vigor, poor form, topped in past.
(Quercus agrifolia)
6 Privet 4.3 20 20/12 Poor vigor, poor form, in decline.
(Ligustrum japonicum)
7 Green Ash 5.5-2.8 50 30/15 Fair vigor, fair form, poor location.
(Fraxinus uhdei)
8* Black Acacia 8est 10 30/15 Nearly dead.
(Acacia melanoxylon)
9 Black Acacia 6-4 10 30/15 Poor vigor, poor form, excessive decay on
(Acacia melanoxylon)trunk.
10 Pittosporum 4.8-4.8 45 20/15 Fair vigor, poor form, suppressed.
(Pittosporum tenuifolium)
11P Coast Live Oak 7.8 60 30/20 Fair vigor, fair form, suppressed.
(Quercus agrifolia)
Appraised Value=$930
12P Coast Live Oak 7.8 60 30/20 Fair vigor, fair form, suppressed.
(Quercus agrifolia)
Appraised Value=$930
13 Black Acacia 5.4 45 25/15 Fair vigor, poor form, suppressed, invasive.
(Acacia melanoxylon)
19106 Panorama Dr, Saratoga, CA 95070 3
Table 3: Tree information from submitted arborist report dated June 12, 2024.
Attachment 1
3 of 11 111
Survey:
Tree# Species DBH CON HT/SPComments
14*P Valley Oak 15est 70 40/40 Good vigor, good form, 6’ from property
(Quercus lobata)line.
Appraised Value=$6,100
15 Toyon 5.4 50 20/12 Fair vigor, fair form, suppressed by
(Heteromeles arbutifolia)oleanders.
16R Italian Cypress 4.7 60 30/2 Fair vigor, fair form, suppressed by oak.
(Cupressus sempervirens)
17R Italian Cypress 4.6 60 30/2 Fair vigor, fair form, suppressed by oak.
(Cupressus sempervirens)
18R Italian Cypress 4.4 60 30/2 Fair vigor, fair form, suppressed by oak.
(Cupressus sempervirens)
19P Coast Live Oak 17.0 70 30/40 Fair vigor, fair form, buried root crown.
(Quercus agrifolia)
Appraised Value=$4,630
20 Loquat 5.4-3-2.5 50 15/12 Fair vigor, fair form, suppressed by oaks.
(Eriobotrya japonica)
21P Valley Oak 20-12.2-9.4-6.4 60 40/45 Good vigor, poor form, multi leader at
(Quercus lobata)grade.
Appraised Value=$23,200
22P Loquat 11.2 50 15/12 Fair vigor, fair form, suppressed by oaks.
(Eriobotrya japonica)
Appraised Value=$340
23*P Monterey Pine 28est 50 40/45 Good vigor, poor form, pine pitch canker.
(Pinus radiata)
Appraised Value=$1,600
24*P Coast Live Oak 12-12-12 65 30/35 Fair vigor, poor form, multi-leader at grade.
(Quercus agrifolia)
Appraised Value=$8,500
25P Coast Live Oak 10.6-3.5 65 30/20 Fair vigor, fair form, at property line.
(Quercus agrifolia)
Appraised Value=$2,180
19106 Panorama Dr, Saratoga, CA 95070 4
Attachment 1
4 of 11 112
Survey:
Tree# Species DBH CON HT/SPComments
26P Coast Live Oak 8-7 65 30/20 Fair vigor fair form, at property line,
(Quercus agrifolia)codominant at grade.
Appraised Value=$2,180
27P Coast Live Oak 15.8-11.4 30 30/35 Poor vigor, poor form, suppressed, leans,
(Quercus agrifolia)large dead wood areas codominant at grade.
Appraised Value=$2,360
28 Pittosporum 9.5 0 25/20 Dead, covered in ivy.
(Pittosporum eugenioides)
29 Pittosporum 6.6-4 20 15/15 Poor vigor, poor form, in decline,
(Pittosporum eugenioides)suppressed.
30P Coast Live Oak 6.8 45 20/15 Fair vigor, poor form, leans at 45 degrees,
(Quercus agrifolia)suppressed.
Appraised Value=$390
31*P Redwood 30est 60 70/25 Fair vigor, fair form, drought stressed.
(Sequoia sempervirens)
Appraised Value=$9,800
32*P Redwood 30est 60 70/25 Fair vigor, fair form, drought stressed.
(Sequoia sempervirens)
Appraised Value=$9,800
33*P Redwood 12”x3 55 60/20 Fair vigor, poor form, multi leader at grade,
(Sequoia sempervirens)drought stressed.
Appraised Value=$5,800
34*P Magnolia 12est 70 35/25 Good vigor, good form, 5’ from property
(Magnolia grandiflora)line.
Appraised Value=$2,340
35*P/R Pepper 7.7-8.2-12(19.9”) 30 15/18 Fair vigor, poor form, poor structure,
(Shinus molle)codominant at grade with three stems,
heartwood decay on all 3 leaders, topped in
the past for utility line clearance, underneath
Appraised Value=$1,500 high voltage utility lines.
19106 Panorama Dr, Saratoga, CA 95070 5
Attachment 1
5 of 11 113
19106 Panorama 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.
(11)The necessity to remove a tree following the creation of defensible space within 100 feet of a
structure located within the Wildland Urban Interface, in accordance with defensible space
standards established by CAL FIRE or as determined by Santa Clara County Fire Department, and
that risk of increased wildfire cannot reasonably be addressed through maintenance or without tree
removal.
(12)Monterey pine (Pinus radiata) or blue gum (Eucalyptus globulus) located within the Wildland Urban
Interface Area as defined in section 16-20.150 of this Code.
6 of 11 114
19106 Panorama Drive Attachment 4
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 tree information, protection recommendations, and map showing tree
protection from the arborist report by David Beckham dated April 5, 2023 copied onto a
plan sheet.
b.Shall include the Project Data in Brief and Conditions of Approval sections of the City
Arborist report dated July 29, 2024.
4.Tree Protection Security Deposit:
a.Is required per City Ordinance 15-50.080.
b.Shall be $82,890 for trees 1, 2, 11, 12, 14, 19, 21-23, 25-27, 30, and 34.
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, 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 2-inch diameter
galvanized posts, driven 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, CHRISTINA FUSCO (408) 868-
1276”.
f.A letter/email shall be provided to the City from the project arborist confirming the
correct installation of the tree protection fencing once it has been installed, including
photos. This is required prior to obtaining building division permits.
g.Tree protection fencing shall remain undisturbed throughout the construction until final
inspection.
7 of 11 115
19106 Panorama Drive Attachment 4
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.
7.Work inside fenced areas:
a.Requires a field meeting and approval from City Arborist before performing work.
b.Requires Project Arborist on site to monitor work.
8.Project Arborist:
a.Shall be David Beckham unless otherwise approved by the City Arborist.
b.Shall visit the site every two weeks during grading, trenching or digging activities and
every six weeks thereafter. A letter/email shall be provided to the City after each
inspection which documents the work performed around trees, includes photos of the
work in progress, and provides information on tree condition during construction.
c.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.
d.The recommendations from the submitted arborist report dated April 5, 2023 shall be
conditions of approval for the project.
e.The Project Arborist shall be on site to monitor:
i.all work within 25 feet of tree #1 including the installation of the water line.
ii.all digging within 12 feet of tree #2.
iii.removal of soil at trees #19 and 21 so that the root collar is above grade.
9.Tree removal: Five trees were removed and permitted on after-the-fact tree permit number
ATFTR22-0024. Tree #35 is approved for removal once building permits have been issued.
10.New trees:
a.New trees equal to $38,500 shall be planted as part of the project before final inspection
and occupancy of the new home. New trees may be planted anywhere on the property
as long as they do not encroach on retained trees. 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
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.At least three trees shall be selected from the City’s List of Natives.
8 of 11 116
19106 Panorama Drive Attachment 4
11.Damage to protected trees that will be retained:
a.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 below.
b.Water loving plants and lawns are not permitted under oak tree canopies. Only drought
tolerant plants that are compatible with oaks are permitted under the outer half of the
canopy of oak trees on site.
12.Final inspection:
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. 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.
9 of 11 117
AƩachment 4 19106 Panorama Drive 10 of 11118
AƩachment 4 19106 Panorama Drive 11 of 11119
Mayya-Desai Residence Design Review Resubmittal
Custom Estate Request for Height Exception – Updated
19106 Panorama Dr
Saratoga, CA 95070 PDR23-0016 / ARB23-0094
July 10, 2024 Page 1 of 4
Terry J. Martin Associates, A.I.A.
1615 Westwood Drive, San Jose, California 95125
terry@tma-arch.com (408) 209-5152 | rebecca@tma-arch.com (408) 679-2645
Christopher A. Riordan, AICP
Senior Planner
City of Saratoga Community Development Department
13777 Fruitvale Ave, Saratoga CA 95070
Re: Design Review Resubmittal: Request for Height Exception – Updated
Note: Updated text is written in blue
File Number: PDR23-0016 / ARB23-0094
Address: 19106 Panorama Dr
Dear Mr. Riordan & Team:
We would like to request a height exception for our new residence at 19106 Panorama Drive.
Standard Saratoga guidelines limit single-family dwellings to maximum 26 feet in height. However, per Saratoga
Code Section 15-12.100(a), the Planning Commission may approve a structure up to 30 feet in height if the
Commission finds and determines that:
(1) The additional height is a necessary component of an identifiable and well documented architectural style;
and
(2) The design of the structure will be similar in scale with structures in the surrounding neighborhood; and
(3) The net lot size used for determining floor area exceeds twenty-thousand square feet.
We believe that our proposed design (29.48 feet max height) meets the necessary requirements per the following
points.
(1) Documented Style
Our proposed residence is best described as Modern Farmhouse.
The Modern Farmhouse style is all about how the home makes you feel. Entering such a space should make you feel
comfortable, welcomed, and relaxed. A Modern Farmhouse residence needs to be approachable; clean and
uncluttered; and bright, light, and airy. It should be a warm, intimate blend of classic charm and modern practicality.
Many Modern Farmhouse residences share common aesthetic features, such as the following:
• A focus on simple materials such as traditional siding and metal roofing
• Pitched gable or hip-and-gable roofs
• A neutral palette of solid colors, primarily whites and greys
• Many large windows for as much natural light as possible
• Large porches and gathering spaces
120
Mayya-Desai Residence Design Review Resubmittal
Custom Estate Request for Height Exception – Updated
19106 Panorama Dr
Saratoga, CA 95070 PDR23-0016 / ARB23-0094
July 10, 2024 Page 2 of 4
Terry J. Martin Associates, A.I.A.
1615 Westwood Drive, San Jose, California 95125
terry@tma-arch.com (408) 209-5152 | rebecca@tma-arch.com (408) 679-2645
Modern Farmhouse Examples: Overview of exterior and interior aesthetics
But Modern Farmhouse is an adaptable, human-scaled style. It can be grand or small, on a large spectrum from
traditional barn to contemporary compound.
Modern Farmhouse Variations: 3 different adaptations of a residence within the same style
Unlike most Modern Farmhouse style houses, our residence is on a sloped property (average 15.4%). We have
adapted to keep to the main requirements of the style – a welcoming, simple, and charming space – while stepping
down into the hillside.
We feel that lowering our overall height would sacrifice the following key aspects of a Modern Farmhouse
residence:
• Comfortable ceiling heights
• Bright and airy interiors
• Large windows for maximum natural light
• Pitched gable and hip-and-gable roofs
In summary, we request this height exception in order to remain as true to the Modern Farmhouse style as possible.
(2) Neighborhood Similarity
We have designed our residence with the surrounding neighborhood in mind. Of the nine properties within the
immediate vicinity, 3 houses are at the maximum 26 feet, and 6 houses are 1.5 to 2 stories tall (ranging between 22
and 26 feet in height). Architectural styles are spread evenly among Modern Farmhouse, Craftsman, and Spanish
Mission.
As previously stated, in contrast to our neighbors’ flat properties, our site is sloped. We have attempted to utilize the
slope efficiently while keeping the height low as viewed from the road.
121
Mayya-Desai Residence Design Review Resubmittal
Custom Estate Request for Height Exception – Updated
19106 Panorama Dr
Saratoga, CA 95070 PDR23-0016 / ARB23-0094
July 10, 2024 Page 3 of 4
Terry J. Martin Associates, A.I.A.
1615 Westwood Drive, San Jose, California 95125
terry@tma-arch.com (408) 209-5152 | rebecca@tma-arch.com (408) 679-2645
When seen from Panorama Drive, our residence will appear 25 feet at maximum; when viewed from El Camino
Grande, a minimum setback of 60 feet, the existing road slope, and a proposed privacy fence leave only the main
and upper level floors visible. See attached renderings showing the views of our property from the public right-of-
way.
Proposed Renderings: Approximate views from Panorama Drive and El Camino Grande, respectively
Overall, we feel that while the site slope is irregular, our proposed height and style are well in keeping with the scale
of the surrounding neighborhood.
122
Mayya-Desai Residence Design Review Resubmittal
Custom Estate Request for Height Exception – Updated
19106 Panorama Dr
Saratoga, CA 95070 PDR23-0016 / ARB23-0094
July 10, 2024 Page 4 of 4
Terry J. Martin Associates, A.I.A.
1615 Westwood Drive, San Jose, California 95125
terry@tma-arch.com (408) 209-5152 | rebecca@tma-arch.com (408) 679-2645
(3) Lot Size
Our property exceeds 20,000 sf in area as required. Total lot area is 1.40 acres / 60,984 sf gross, and 1.21 Acres /
52,708 sf Net.
We would like to note that our height exception request is almost exclusively due to our sloped lot and Saratoga’s
flat-line method of measuring building height. By incorporating a daylit basement, we bring down our average
elevation far lower than a flat lot would require.
Instead, we have kept with the spirit of the rule as best as we can: No singular point of our design exceeds 26 feet in
height from the grade below. See attached elevation below.
Proposed Elevation: Front elevation showing natural grade and sloped line 26’ above natural grade
As stated, we believe that our proposed maximum height of 29.48 feet meets the necessary requirements per
Saratoga Municipal Code. Respectfully, we urge you to recommend approval of our height exception to the
Planning Commission.
Thank you very much for your time and consideration. Should you have any questions, please don't hesitate to call
or email.
Best Regards,
Terry J. Martin, A.I.A.
26' from Natural Grade
Natural Grade
123
124
125
126
127
128
129
130
City of Saratoga
Neighbor Notification Form
Address: ______________________________________________
A project is proposed at the above address. The City asks that you sign this form to indicate you
have had an opportunity to review and comment on the proposal. Your signature is not an
acceptance of the plans, only an acknowledgement that you have had an opportunity to comment.
IMPORTANT NOTE FROM CITY: These plans are PRELIMINARY ONLY and may change as the project
moves forward. Architectural Plans are protected under copyright law. The applicant should allow
you to view the plans but is not required to give you a physical copy.
Once the application is submitted, you may review a full sized set of plans at City Hall during normal
business hours. The applicant should inform you when the plans will be submitted.
Please contact the City at 408-868-1222 if you have any questions.
This notice is being provided to all of the adjoining property owners and the property owner(s)
across the street from the project address. The City will send an additional notice to adjacent
neighbors prior to a decision being made on the project.
Neighbor Name: ________________________________________________ Date: ____________
Neighbor Address: _________________________________________________________________
Neighbor Contact Info: (phone or email): _________________________
- This enables the City to contact you if they have any questions
Please address any initial concerns below (attach additional sheets if necessary):
Feel free to mail this form directly to the City:
City of Saratoga Planning Department; 13777 Fruitvale Avenue; Saratoga CA 95070
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
My signature below certifies that I am aware of the proposal.
NEIGHBOR SIGNATURE: ____________________________________________________________
Revised February 2014
131
132
133
TERRY J. MARTIN ASSOCIATES, A.I.A.License # C23221RESIDENTIAL & COMMERCIAL ARCHITECTURE1615 Westwood DriveSan Jose, CA 95125Phone: 408-209-5152terry@tma-arch.comA-1
Sheet Title:
COVER SHEET
Drawn by:
Project:
Scale:
Print Date:
#22015Mayya-Desai ResidenceCustom Estate19106 Panorama DrSaratoga, CA 95070Project RevDescriptionDates & Revisions
Date:Design Review Submittal09/21/2023Design Review Resubmittal04/26/202407/10/2024Design Review Resubmittal07/10/202412ARCHITECT
Terry J. Martin Associates, AIATerry J. Martin, AIA1615 Westwood DriveSan Jose, CA 95125(408) 209-5152terry@tma-arch.com
OWNER
Ajit R. Mayya & Sonali Desai13575 Lomond CtSaratoga, CA 95070(408) 348-7052ajitmayya@gmail.comsonali.desai.100@gmail.com
GEOTECHNICAL ENGINEER
ROMIG EngineersDarren Donlon1390 El Camino Real, 2nd FloorSan Carlos, CA 94070(650) 591-5224Darren@romigengineers.com
LANDSCAPE ARCHITECT
Thomas Scherer AssociatesThomas SchererP.O. Box 68Aptos, CA 95001(831) 688-8913zeketsa@gmail.com
ARBORIST
Kielty Arborist Services LLCDavid BeckhamP.O. Box 6187San Mateo, CA 94403(650) 532-4418davidkieltyarborist@gmail.com
CIVIL ENGINEER
Precision Engineering & Construction, Inc.Travis Lutz, P.E., QSD/QSP1331B Old County RoadBelmont, CA 94002(650) 226-8640Darren@romigengineers.com
N/A
TJ, RTP
Mayya-Desai Residence
Custom Estate
19106 Panorama Dr
Saratoga, CA 95070
ABBREVIATIONS
&
And㲃 "OHMF
@
At
°
Degree (Angle, Bearing, Temperature)
Ø
Diameter
∆
Delta, Revision
/
Divide, Divided By, Sequence=, ≠
Equal (To), Not Equal (To)
'
Foot/Feet, Minutes (Bearing)
"
Inch(es), Seconds (Bearing)
>, ≥
Greater Than, or Equal To
<, ≤
Less Than, or Equal To-
Minus, Subtract(ed)
#
Number, Pound(s)
%
Percent
+
Plus, Add(ed)
±
Plus/Minus (Approximately)
AB
Anchor Bolt
ABV
Above
AC
Asphaltic Conditioning
A/C
Air Conditioning
ACOUST
Acoustic(al)
AD
Area DrainADDL
Additional
ADJ
Adjust(able)
AEJ
All Edge Joints
AFF
Above Finish Floor
AHJ
Authority Having JurisdictionAIA
American Institute of Architects
ALT
Alternate, Alternative
ALUM
Aluminum
AMP
Ampere
ARCH
Architect(ural)
ASPH
AsphaltASSOC
Association
AWN
Awning
BD
Board
BEL
BelowBLDG
BuildingBLK, BLKG
Block, Blocking
BM
Beam
BN
Boundary Nail
BOT
Bottom
BS
Both SidesBTU
British Thermal Unit
BTWN
Between
CAB
Cabinet
CB
Column Base
CBC
California Building CodeCEC
California Electrical Code
CEM
Cement(itious)
CER
Ceramic
CF
Cubic Feet
CFC
California Fire CodeCFM, CFS
Cubic Feet Per Minute, Second
CI
Cast Iron
CIR
Circle, Circular
CIRC
Circulation
CJ
Control Joint
CL
Center LineCLG
Ceiling
CLO
Closet
CLR
Clear
CMC
California Mechanical Code
CNTR
Counter
CO
Clean Out, CompanyCOL
Column
COMP
Composite
CONC
Concrete
CONN
Connect(ion)
CONST
ConstructionCONT
Contin ue/ual/uous
COR
Corner
CORR
Corridor
CPC
California Plumbing Code
CPR
Copper
CPT
CarpetCRC
California Residential Code
CSMT
Casement
CW
Cold Water
CU
Cubic
DBL
DoubleDEG
Degree
DEPT
Department
DET
Detail
DF
Douglas Fir, Drinking Fountain
DIA
DiameterDIAG
Diagonal
DIM
Dimensions
DISP
Dispenser, Disposal
DIST
Distance
DIV
Divide, Division
DN
DownDOUG
Douglas (Fir)
DR
Drain, Door
DWG
Drawing
DTL
Detail
DW
DiswasherDWR
Drawer
(E)
Existing
E
East
EA
Each
EL
ElevationELEC
Electrical
ELEV
Elevation, Elevator
EMER
Emergency
EN
Edge Nail(ing)
ENCL
Enclose(d), Enclosure
ENGR
EngineerEQ
Equal
EQUIP
Equipment
AREA CALCULATIONS
PARCEL MAP VICINITY MAP
PROJECT DATACONSTRUCTION OBSERVATION REQUIRED SHEET INDEX
PROJECT SCOPE
ETC
Et Cetera, "And Other Things"
EW
Each WayEXT
Exterior
EW
Each Way
EXH
Exhaust
EXP
Expansion, Expanding
EXT
Exterior
FAB
Fabricate(d), Fabrication
FD
Floor Drain
FDN
Foundation
FE, FEC
Fire Extinguisher, FE Cabinet
FF
Finish FloorFG
Fiberglass
FH
Fire Hydrant
FIN
Finish
FLR
Floor
FOC
Face of Concrete
FOS
Face of StudFRP
Fiberglass Reinforced Panel
FS
Far Side
FT
Foot, Feet
FTG
Footing
FURR
Furring, FurredFUT
Future
FV
Field Verify
GA
Gauge
GAL
Gallon
GALV
GalvanizedGB
Grab Bar
GC
General Contractor
GD
Garbage Disposal
GL
Glass
GND
GroundGSM
Galvanized Sheet MetalGYP
Gypsum
HB
Hose Bibb
HD
Holdown
HDR
HeaderHDWD
Hardwood
HDWR
Hardware
HE
High Efficacy
HGR
Hanger
HM
Hollow Metal
HORIZ
HorizontalHT
Height
HVAC
Heating Ventilation & Air Conditioning
ID
Inside Diameter
IN
InchINCL
Include(s), Including
INFO
Information
INSUL
Insulation
INV
Inverted
INT
Interior
JAN
Janitor
JBOX
Junction Box
JCT
Junction
JH
Joint Hanger
JT
Joint
KIT
Kitchen
KW
Kilowatt
LAB
Laboratory
LAV
LavatoryLAT
Lateral
LB
Pound
LF
Lineal Feet, Linear Feet
LIN
Lineal, Linear
LT
Light
LVR
Louver
M, m
Meter
MATL
Material
MAX
Maximum
MB
Machine Bolts
MECH
MechanicalMEMB
Membrane
MFR, MNF
Manufacturer
MIN
Minimum, Minute
MIR
Mirror
MISC
MiscellaneousMTD
Mounted
MTL
Metal
MUL
Mullion
(N)
New
N
NorthNEC
National Electrical Code
NIC
Not in Contract
NO
Number
NOM
Nominal
NS
Near Side
NTS
Not to Scale
O/
Over (Order of Installation)
OAI
Outside Air Intake
OC
On Center
OD
Outside DiameterOFCI
Owner Furnished Contractor Installed
OFOI
Owner Furnished Owner Installed
OPNG
Opening
OL
Occupant Load
OPG
Opening
OPP
OppositeORIG
Original
P, | |, //
Parallel
PA
Public Address
PC
PiecePERP, 㲄
Perpendicular
PH
Panic Hardware
PL
Plate
PLAM
Plastic LaminatePLAS
Plaster
PLMBG
Plumbing
PLYWD
Plywood
PNL
Panel
POL
PolishedPR
Pair
PREFAB
Prefabricated
PSF
Pounds Per Square Foot
PSI
Pounds Per Square Inch
PT
Point, Pressure Treated
PTN
Partition
(R)
Replaced, Relocated
R
Riser
RAD
Radial, Radius
RCP
Reflected Ceiling Plan
RD
Roof DrainRECPT
Receptacle
REF
Reference
REINF
Reinforce(ment)
REQD
Required
REQMTS
RequirementsRESIL
Resilient
REV
Revision
RM
Room
RPM
Revolutions Per Minute
RV
Roof Vent
RWL
Rain Water Leader
S
South
SAD
See Architectural Drawings
SAN
Sanitary
SASM
Self Adhered Sheet MembraneSC
Solid CoreSCD
Seat Cover Dispenser
SCHED
Schedule
SEC, SECT
Section
SF
Square Foot / Feet
SHT
SheetSHWR
Shower
SIM
Similar (To)
SJ
Seismic Joint
SLD
See Landscape Drawings
SM
Sheet Metal
SMS
Sheet Metal ScrewSND
Sanitary Napkin Dispenser
SNR
Sanitary Napkin Receptacle
SPEC(S)
Specification(s)
SPN
Sole Plate Nailing
SQ
SquareSQ FT
Square Foot / FeetSS, SSTL
Stainless Steel
ST
Strap Tie, Street
STA, STN
Station
STE
Suite
STL
SteelSUSP
Suspended
SY, SQ YD
Square Yard(s)
SYM
Symmetrical
SW
Shear Wall
T, TRD
TreadTB
Towel Bar
T&B
Top and Bottom
TBC
To Be Confirmed
TBS
To Be Selected
TD
Tie DownTEL
Telephone
TEMP
Temporary, Temperature
TMPD
Tempered
TER
Terazzo
THRESH
Threshold
T&G
Tongue and GrooveTHK
Thick(ness)
THRU
Through
TOC
Top of Concrete
TOS, TS
Top of Slab
TP
Top Plate
TRANS
TransformerTSTAT
Thermostat
TV
Television
TYP
Typical
UC, U/C
Under-CounterUF, U/F
Under-Floor
UNF
Unfinised
UNO
Unless Noted Otherwise
UON
Unless Otherwise Noted
UR
Urinal
V
Volt
VB
Vapor Barrier
VCT
Vinyl Composition Tile
VEN
Veneer
VERT
VerticalVEST
VestibuleVIF
Verify In Field
VOL
Volume
W
West
W/
WithW/O
Without
WC
Water Closet
WD
Wood
WDW
Window
WH
Water Heater
WO
Where OccursWP
Waterproof(ing)
WT
Weight
YD
Yard
General Contractor is required to schedule & coordinate the following mandatory
construction observation site visits with Architect present.
Provide notice to Architect at least 48 hours prior to such visits.
Prior to beginning work, provide Architect & Owner with a critical path schedule showing
the following construction milestones:
Additionally, Contractor shall schedule a mandatory walkthru with Architect & Owner
present at Substantial Completion.
INITIALS
REQD
SITE VISIT MILESTONE
Rough Framing
Window Selection, Prior to Ordering Windows
Rough Electrical, Mounted Boxes Prior to Pulling Wire
Substantial Completion Prior to Granting Occupancy
Pre-Construction Site Meeting
Framing & Insulation, Prior to Covering Framing w/ Finishes
After Finish Removal, Prior to Structural Demolition
Architect's initials are required to the left of each site visit listed prior to proceeding with
subsequent work & indicate only that Architect was present & provided with the
opportunity to observe construction at that phase.
Please Note: Orientation of other plans within the set may vary from this Vicinity Map.Please Note: Orientation of other plans within the set may vary from this Parcel Map.
•
Demolish (E) 2-story Single Family Residence, driveway, & associated site improvements.
Provide (N) 2-story Single Family Residence w/ daylit basement. Provide site improvements
such as driveway, pool w/ patio, sports court, and detached trash enclosure.
Three (3) non-protected trees to be removed.
Scope of work includes request for height exemption.
PROJECT ADDRESS:
19106 Panorama Dr Saratoga CA 95070
OWNER:
Ajit R. Mayya & Sonali Desai
APN:
397-09-021
ZONING:
R-1-40,000
LOT AREA:
1.40 Acres/60,984 Sq Ft ± Gross, 1.21 Acres/52,708 Sq Ft ± Net
BUILDING AREA:
See Area Calculations on this sheet
STORIES:
2-Story Residence w/ Attached Garage & Basement
CONSTRUCTION TYPE:
Type VB
FIRE SPRINKLERS:
YES per NFPA 13D & Saratoga Amendments (Deferred Submittal)
Note: Site is Not Within Wildland-Urban Interface (WUI) Fire Area
OCCUPANCY:
Group R-3 Single Family Residence, Group U Private Garage
APPLICABLE CODES:
Saratoga Municipal Code
2022 CA RESIDENTIAL BUILDING CODE
2022 CA Bldg Code, 2022 CA Res Bldg Code, 2022 CA Elec Code2022 CA Mech Code, 2022 CA Plmbg Code, 2022 CA Energy Code
2022 CA Fire Code, 2022 CalGreen Code, 2022 CA Ref Stds Code
All as amended by The State Of California and Local Jurisdiction(s).
GEOTECHNICAL INVESTIGATION / SOIL REPORT
Report entitled "Geotechnical Investigation, New Residence, 19106 Panorama Dr,"dated 12/13/2022, project #5810-1, prepared by ROMIG Engineers, is part of theConstruction Documents. All work must comply with Soil Report Requirements &Recommendations, the California Building Code, and all other applicable codes &ordinances as adopted, amended, & enforced by Local Jurisdiction (AHJ).
TITLE 24 CALIFORNIA ENERGY CODE COMPLIANCE
"Mayya-Desai Residence Energy Calculations", #TBD, dated TBD, prepared by FRI EnergyConsultants, LLC, Project Title 24 Energy Consultant, is part of the ConstructionDocuments. All work must comply with Energy Report Requirements & Recommendations,California Energy Code, & all other applicable codes & ordinances as adopted, amended, &enforced by Local Jurisdiction (AHJ).
ARBORIST
Report entitled 19106 Panorama Drive Arborist Report, dated 04/05/2023, prepared byKielty Arborist Services, LLC, is part of the Construction Documents. All work must complywith Arborist Report Requirements & Recommendations, the California Building Code, and allother applicable codes & ordinances as adopted, amended, & enforced by Local Jurisdiction(AHJ).
COORDINATION REQUIREMENTS
COORDINATE WITH ARCHITECT
See Construction Observation Note on this sheet. Provide Architect with minimum 48 hournotice of milestone requiring construction observation. Copy Architect on allcorrespondence with all Project Consultants.
COORDINATE WITH ARCHITECT & INSTALLER
TITLE 24 ENERGY CODE INSTALLATION REQUIREMENTS
Architect, General Contractor, & Installers must be present for site meeting prior tocompletion & signing of Energy Code Compliance Forms & Installation Certificates by theInstallers. Provide Architect with minimum 48 hour prior notice. Required forms are listed inthe Title 24 Energy Report.
COORDINATE WITH STRUCTURAL ENGINEER
Coordinate with Architect & Structural Engineer to provide required notice & to schedulemandatory construction observation. Provide Architect with minimum 48 hours advancenotice and the opportunity to be present for any & all site visits & construction observationattended by the structural engineer. Submit all Requests for Information to Architect. CopyArchitect on all correspondence with Project Structural Engineer, Energy Consultant, and allother Professional Consultants.
SPECIAL INSPECTIONS
Special Inspections required for the following as applicable by Architect or Engineer ofRecord:
•
Wood shearwalls, shear panels & diaphragms w/ edge nailing at 4" or less
•
Installation of Simpson Strongwalls & Hardy Frames
•
Any other special inspection found necessary by AHJ
ADDITIONAL DOCUMENTS & REQUIREMENTS
Lower / Basement Level
208 Sq Ft
Main Level
2,854 Sq Ft
Upper Level
1,513 Sq Ft
Total Living Area
4,575 Sq Ft
Including Open Stairways
+ Garage
818 Sq Ft
+ Enclosed Front Porch
36 Sq Ft
Total Floor Area
5,429 Sq Ft
Allowable Floor Area
6,060 Sq Ft
See Sheet A-2.1 for Calculations
Allowable Lot Coverage
18,448 Sq Ft
See Sheet A-2.1 for Calculations
Site Average Slope
15.4%
See Sheet C-0 for Calculations
+ Uncounted Basement
926 Sq Ft
Not Included in Floor Area
A-1
Cover Sheet & Project Info
C-0
Civil: Title Sheet
C-1
Civil: Topographic Survey
C-2
Civil: Grading Plan
C-2.1
Civil: Grading Plan
C-3
Civil: Utility Plan
C-4
Civil: Erosion & Sediment Control Plan
C-4.1
Civil: Best Management Practices
A-2.1
Schematic Demolition Site Plan
A-2.2
Schematic Proposed Site Plan
A-2.3
Neighborhood Context Map, Study, & Schematic Streetscape Elevations
L.1
Irrigation Plan & WELO Calcs
L.2
Planting Plan
L.3
Irrigation & Planting Details
L.4
Hydrozone Map
L.5.1
Arborist Report
L.5.2
Arborist Report
A-3.1
Lower Level Floor Plan
A-3.2
Main Level Floor Plan
A-3.3
Upper Level Floor Plan
A-4
Upper Roof Plan
A-5.1
Exterior Elevations
A-5.2
Exterior Elevations
A-6.1
Building Cross Sections A-A, B-B
A-6.2
Building Cross Section C-C & Trash Enclosure Elevations
PROJECT TEAM
LR
N
TOTAL FLOOR AREA:*6,355 sf
AREA DESIGNATION
C
D
E
F
G
H (Porch)
J
K
L (Garage)
MAIN LEVEL
DIMENSIONS
40 x 225.5
180 x 470
1611 x 100
296.5 x 80
90 x 430
90 x 40
130 x 470
240 x 220
350 x 230
M.L. TOTAL:
AREA
90 sf
846 sf
169 sf
236 sf
387 sf
36 sf
611 sf
528 sf
805 sf
3,708 sf
MA
B
E F
J
C
D G
K
H
AREA DESIGNATION
A
B
LOWER LEVEL
DIMENSIONS
232 x 334
178 x 205.5
L.L. TOTAL:*
AREA
772 sf
362 sf
1,134 sf
*NOTE: Total Floor Area shown includes
Uncounted Basement (926 sf). See Area
Calculations for full breakdown.
*NOTE: L.L. Total shown includes Uncounted
Basement (926 sf). See Area Calculations for full
breakdown.
P
AREA DESIGNATION
M
N
P
R
DIMENSIONS
95.5 x 410
70 x 245.5
240 x 265.5
130 x 246.5
U.L. TOTAL:
AREA
388 sf
171 sf
635 sf
319 sf
1,513 sf
UPPER LEVEL
SARATOGA FLOOR AREA DIAGRAMS
1
1
1
1
1
1
1
2
2
134
135
C-1
136
137
138
139
140
141
TERRY J. MARTIN ASSOCIATES, A.I.A.License # C23221RESIDENTIAL & COMMERCIAL ARCHITECTURE1615 Westwood DriveSan Jose, CA 95125Phone: 408-209-5152terry@tma-arch.comA-2.1
Sheet Title:
SCHEMATIC
DEMOLITION
SITE PLAN
Drawn by:
Project:
Scale:
Print Date:
#22015Mayya-Desai ResidenceCustom Estate19106 Panorama DrSaratoga, CA 95070Project RevDescriptionDates & Revisions
Date:Design Review Submittal09/21/2023Design Review Resubmittal04/26/202407/10/2024Design Review Resubmittal07/10/20241220'-0"Right of Way
Demo (E) HVAC
Demo (E)ConcSteps
Demo (E) Brick Planter
S72°14'47"E 8.00'
FF=572.92'@ Carport
(E) Electric Meterto be Removed
(E) Gas Meterto be Removed
Footprint of (E) House &Carport to be RemovedShown Dashed(FF 580.91')
Footprint of (E) Shedto be RemovedShown Dashed
(E) Fence to Remain
20.52'
(E) Block RetainingWall to beReplaced w/Concrete (Veneer TBD)
Demo (E) ConcreteRetaining WallMin 5' Past Tree Dripline56056056056
0 5705705705805
8
0
5
8
0
580
580580N75°19'00"W 311.63'EL CAMINO GRANDEN4°27
'30"W
134
.03
'
Joint Pole
Joint Pole
SSMH
Joint Pole
21.93'R=710'D=10°02
'32
"
L=124
.44
'
WV
(E) AsphaltDrivewayto beRemoved
R=
3
2
5
'
D=
5
2
°
4
1
'
4
6
"
L=
2
9
8
.
9
1
'
Edg
e
o
f
R
i
g
h
t
o
f
W
a
y
Joint Pole
SSCO
Edge
o
f
R
i
g
h
t
o
f
W
a
yToe of Slope580
(E) Asphaltto beRemoved
Demo (E)Carport
Demo (E)Residence
FF=580.91'
(E)Asphaltto beRemoved
WM
(E) Brick Ringto beRemoved
(E) Concreteto beRemoved
(R)MailboxDemo(E) ShedN30°43'40"E 108.48'Fire Hydrant
(E) NbrMailbox:19101558.86578.35580.7034
31
32
33
24
23
2
1
14
27
11
25
26
30
12
19
21
22
E
L
C
A
M
I
N
O
G
R
A
N
D
E
35PANORAMA DR
IVE
(E) Concrete Retaining Wallto be Remain UON,Demolish Brick Wall Above
SCHEMATIC DEMOLITION SITE PLAN 16'32'0'
Scale:1/16"=1'-0"
As Noted
TJ, RTP
NORTHPrep Site for Construction of Addition. Verify All Dimensions & Site Conditions in Field.
Notify Architect of Discrepancies Immediately in Writing.
Acalc = Anet - Anet(10% + 2% per 1% of slope o/10%)
Where Slope is 10.01-20%
Anet
=
1.21 Acres/52,708 Sq Ft (See Sheet C-0)
Slope
=
15.4% (See Sheet C-0)
Rounded to 15%
Acalc
=
52,708 Sq Ft - 52,708 Sq Ft [10% + (5% x 2)]
=
52,708 Sq Ft - 52,708 Sq Ft (20%)
=
52,708 Sq Ft - 10,542 Sq Ft
Acalc
=
42,166 Sq Ft
Rounded to 43,000 Sq Ft
Floor Area Allowance (FAA):
6,000 Sq Ft + (20 per 1,000 o/ 40,000 Sq Ft)
Where Acalc is 40,001-80,000 Sq Ft
FAA
= 6,000 Sq Ft + (20 Sq Ft x 3)
= 6,000 Sq Ft + 60 Sq Ft
FAA = 6,060 Sq Ft
Lot Coverage Max (LC): 35% of Anet
= 35% x 52,708 Sq Ft
= 18,448 Sq Ft
APN:
397-09-021
Gross Lot Size:
1.40 Acres / 60,984 Sq Ft ±
Net Lot Size:
1.21 Acres / 52,708 Sq Ft ±
Average Overall Slope:
15.4%, See Sheet C-0
Zoning:
R-1-40,000
Existing Single Story Residence:
2,739 Sq Ft (Not Including Carport), Built in 1936
Max Site Coverage Allowed:
18,448 Sq Ft (35% of Net Site Area)
AHJ FLOOR AREA ALLOWANCE CALCS
TREE PROTECTION NOTES
1.
These notes supplement other portions of construction documents. See Cover Sheet, General Notes & Arborist Report for additional reqmts.
2.
Provide & erect tree protection fencing prior to commencing any demolition, grading, and/or construction activity. No equipment or materials areallowed on site until tree protection is in place. Tree protection shall remain in place at all times until final completion / final landscaping. ContactProject Arborist, AHJ, & Architect prior to performing work within fenced area. Obtain approval of project arborist & AHJ prior to removing treeprotection.
3.
Existing trees to remain that are near proposed construction shall be fenced off from such construction to greatest extent possible. Place fencingas far from tree trunks as possible while still allowing site work to take place. Tree dripline shall not be altered in any way so as to increaseencroachment of construction. Use caution to avoid damaging any bark or branches. See Tree Protection detail this sheet.
4.
Provide fencing to enclose:
Type I: Entire dripline area or tree protection zone (TPZ)
Type II: Entire planter strip to outer branches
Type III: Trunk from ground to first branch
5.
Size & materials:Type I & II: 6' high chain link fencing, mounted on 2"Ø galv steel posts driven into ground to min 2' depth at 10-foot max spacingType III: Orange plastic fencing wrapped around trunk from ground to first branch with 2-inch wooden boards bound securely on outside
6.
At each tree fence, provide prominent 8.5x11-inch warning sign stating:
"WARNING - TREE PROTECTION ZONE, THIS FENCE SHALL NOT BE REMOVED. REMOVAL IS SUBJECT TO PENALTY PER SARATOGA MUNICIPAL CODE"
7.
When construction is to take place beneath a tree canopy on one side, the fence should be sited 2 to 3' beyond that construction, but betweenconstruction & tree trunk.
8.
If construction or paving is to take place throughout area beneath tree canopy when approved by AHJ, and drip line fencing is not practical,provide Type III fencing to protect trunk from damage.
9.
The following activities are prohibited:A.
Storage of construction materials, other materials, or vehicles within tree dripline / tree protection fenceB.
Excavation, grading, & drainage within dripline unless approved by AHJC.
Disposal or depositing of oil, gasoline, chemicals or other harmful materials within tree dripline or in drainage channels, swales or areasthat may lead to dripline of a protected treeD.
Attachment of wires, signs or ropes to any protected tree
10.
Pruning & maintenance:
All pruning of protected trees shall be consistent with current edition of Best Management Practices: tree pruning, established by ISA(International Society of Arboriculture) & any special conditions as determined by AHJ.
TREE PROTECTION
NOT TO SCALE
FENCE PLACED ATEDGE OF DRIPLINE
PAVING
3 LAYERS OF WIRE &LATH SNOW FENCINGTO 8' ABOVE GROUNDON TREES WHERECONSTRUCTION WILLTAKE PLACE BENEATHCANOPY
TREE PROTECTIONFENCE LOCATION
1
Tree#*
Diameter (in)
Common Name
Notes
1
48.6"
Valley Oak
Protected
2
21.4"
Coast Live Oak
On Neighboring Property, Protected
11
7.8"
Coast Live Oak
On Neighboring Property, Protected
12
7.8"
Coast Live Oak
On Neighboring Property, Protected
14
15"±
Valley Oak
On Neighboring Property, Protected
19
17.0"
Coast Live Oak
Protected
21
Multi-Trunk
Valley Oak
Protected
22
11.2"
Loquat
Protected
23
28"±
Monterey Pine
On Neighboring Property, Protected
24
Multi-Trunk
Coast Live Oak
On Neighboring Property, Protected
25
Multi-Trunk
Coast Live Oak
Protected
26
Multi-Trunk
Coast Live Oak
Protected
27
Multi-Trunk
Coast Live Oak
Protected
30
6.8"
Coast Live Oak
Protected
31
30"±
Redwood
On Neighboring Property, Protected
32
30"±
Redwood
On Neighboring Property, Protected
33
Multi-Trunk
Redwood
On Neighboring Property, Protected
34
12"±
Magnolia
On Neighboring Property, Protected
35
Multi-Trunk
Pepper Tree
On Neighboring Property, To Be Removed
TREE SCHEDULE
NOTE: Tree Schedule shows protected trees only. For full tree list (including non-protected trees), see Arborist Report.
1
1
1
1
1
1
1
1
2
1 2
2
142
TERRY J. MARTIN ASSOCIATES, A.I.A.License # C23221RESIDENTIAL & COMMERCIAL ARCHITECTURE1615 Westwood DriveSan Jose, CA 95125Phone: 408-209-5152terry@tma-arch.comA-2.2
Sheet Title:
SCHEMATIC
PROPOSED SITE
PLAN
Drawn by:
Project:
Scale:
Print Date:
#22015Mayya-Desai ResidenceCustom Estate19106 Panorama DrSaratoga, CA 95070Project RevDescriptionDates & Revisions
Date:Design Review Submittal09/21/2023Design Review Resubmittal04/26/202407/10/2024Design Review Resubmittal07/10/202412o. Impervious Coverage Table with breakdown of site coverage.
SITE COVERAGE
Impervious Surfaces Total SF
Footprint of Home/Garage (including roof overhang)
Driveway
Walkways / Decks /Patio
Other (e.g. Cabana / Shed / Pool / Tennis Court)
(a) SUBTOTAL IMPERVIOUS = _________ sf Impervious
Pervious Surfaces Actual S.F. 50% credit Total SF
Permeable paver driveway (-)
Permeable walkways/patio (-)
Other
(b) SUBTOTAL PERVIOUS = ______ sf = ____ sf = _________ sf Pervious
SITE COVERAGE TOTAL (a) + (b) = ________ sf Total Coverage
* Please call out ‘other’ line items (e.g., garden shed, gazebo, trellis, arbor, ADU, etc.)
** Must provide documentation showing permeability to qualify for 50% credit
p. Height Information Table that includes the following.
HEIGHT Foot Elevation
Lowest elevation point at the buildings edge from natural grade
Highest elevation point at the buildings edge from natural grade
Average elevation point (based on highest and lowest points above)
Top most elevation point - measured from average point (above)
to the top most point of the roof.
Include separate calculation for chimney, etc.
q. Setback table of required and proposed setbacks.
SETBACKS Required Proposed
Front
Left Side First Floor
Left Side Second
Floor
Right Side First Floor
Right Side Second Floor
Rear First Floor
Rear Second Floor
2. DEMOLITION SITE PLAN – The demolition plan shall include all of the following
information:
a. Please show all structures, fences, hardscape, etc. to be removed.
b. Include a block diagram of the existing footprint of the home (dashed line).
o. Impervious Coverage Table with breakdown of site coverage.
SITE COVERAGE
Impervious Surfaces Total SF
Footprint of Home/Garage (including roof overhang)
Driveway
Walkways / Decks /Patio
Other (e.g. Cabana / Shed / Pool / Tennis Court)
(a) SUBTOTAL IMPERVIOUS = _________ sf Impervious
Pervious Surfaces Actual S.F. 50% credit Total SF
Permeable paver driveway (-)
Permeable walkways/patio (-)
Other
(b) SUBTOTAL PERVIOUS = ______ sf = ____ sf = _________ sf Pervious
SITE COVERAGE TOTAL (a) + (b) = ________ sf Total Coverage
* Please call out ‘other’ line items (e.g., garden shed, gazebo, trellis, arbor, ADU, etc.)
** Must provide documentation showing permeability to qualify for 50% credit
p. Height Information Table that includes the following.
HEIGHT Foot Elevation
Lowest elevation point at the buildings edge from natural grade
Highest elevation point at the buildings edge from natural grade
Average elevation point (based on highest and lowest points above)
Top most elevation point - measured from average point (above)
to the top most point of the roof.
Include separate calculation for chimney, etc.
q. Setback table of required and proposed setbacks.
SETBACKS Required Proposed
Front
Left Side First Floor
Left Side Second
Floor
Right Side First Floor
Right Side Second Floor
Rear First Floor
Rear Second Floor
2. DEMOLITION SITE PLAN – The demolition plan shall include all of the following
information:
a. Please show all structures, fences, hardscape, etc. to be removed.
b. Include a block diagram of the existing footprint of the home (dashed line).
o. Impervious Coverage Table with breakdown of site coverage.
SITE COVERAGE
Impervious Surfaces Total SF
Footprint of Home/Garage (including roof overhang)
Driveway
Walkways / Decks /Patio
Other (e.g. Cabana / Shed / Pool / Tennis Court)
(a) SUBTOTAL IMPERVIOUS = _________ sf Impervious
Pervious Surfaces Actual S.F. 50% credit Total SF
Permeable paver driveway (-)
Permeable walkways/patio (-)
Other
(b) SUBTOTAL PERVIOUS = ______ sf = ____ sf = _________ sf Pervious
SITE COVERAGE TOTAL (a) + (b) = ________ sf Total Coverage
* Please call out ‘other’ line items (e.g., garden shed, gazebo, trellis, arbor, ADU, etc.)
** Must provide documentation showing permeability to qualify for 50% credit
p. Height Information Table that includes the following.
HEIGHT Foot Elevation
Lowest elevation point at the buildings edge from natural grade
Highest elevation point at the buildings edge from natural grade
Average elevation point (based on highest and lowest points above)
Top most elevation point - measured from average point (above)
to the top most point of the roof.
Include separate calculation for chimney, etc.
q. Setback table of required and proposed setbacks.
SETBACKS Required Proposed
Front
Left Side First Floor
Left Side Second
Floor
Right Side First Floor
Right Side Second Floor
Rear First Floor
Rear Second Floor
2. DEMOLITION SITE PLAN – The demolition plan shall include all of the following
information:
a. Please show all structures, fences, hardscape, etc. to be removed.
b. Include a block diagram of the existing footprint of the home (dashed line).
o. Impervious Coverage Table with breakdown of site coverage.
SITE COVERAGE
Impervious Surfaces Total SF
Footprint of Home/Garage (including roof overhang)
Driveway
Walkways / Decks /Patio
Other (e.g. Cabana / Shed / Pool / Tennis Court)
(a) SUBTOTAL IMPERVIOUS = _________ sf Impervious
Pervious Surfaces Actual S.F. 50% credit Total SF
Permeable paver driveway (-)
Permeable walkways/patio (-)
Other
(b) SUBTOTAL PERVIOUS = ______ sf = ____ sf = _________ sf Pervious
SITE COVERAGE TOTAL (a) + (b) = ________ sf Total Coverage
* Please call out ‘other’ line items (e.g., garden shed, gazebo, trellis, arbor, ADU, etc.)
** Must provide documentation showing permeability to qualify for 50% credit
p. Height Information Table that includes the following.
HEIGHT Foot Elevation
Lowest elevation point at the buildings edge from natural grade
Highest elevation point at the buildings edge from natural grade
Average elevation point (based on highest and lowest points above)
Top most elevation point - measured from average point (above)
to the top most point of the roof.
Include separate calculation for chimney, etc.
q. Setback table of required and proposed setbacks.
SETBACKS Required Proposed
Front
Left Side First Floor
Left Side Second
Floor
Right Side First Floor
Right Side Second Floor
Rear First Floor
Rear Second Floor
2. DEMOLITION SITE PLAN – The demolition plan shall include all of the following
information:
a. Please show all structures, fences, hardscape, etc. to be removed.
b. Include a block diagram of the existing footprint of the home (dashed line).
20'-0"
Rear Set
b
a
c
k20'-0"Left Side Setback30'-0"Front Setback20'-0"Right of Way
81'-9"±To (N) Main LevelDemo (E) Brick Planter
S72°14'47"E 8.00'
Footprint of (E) Shedto be RemovedShown Dashed
(E) Fence to Remain
(N) Permeable PaverstoneDriveway, Color & TextureTBD
(N) Planting Strip
20.52'
(N) Raised Herb Gardenw/ 12" Ht Conc Curb
(N) Pathways, DecomposedGranite UON
(N) Concrete Access Pathwayw/ Security Gate
(E) Block RetainingWall to beReplaced w/Concrete (Veneer TBD)
(N) Trash Enclosure8'x12' CMU w/Veneer TBD,Roof & Access Doors;See Sht A-6.2 for Elevs
Approx Location of (N)Air Conditioning Condensers,37.6'± From Property Line
Expand Panorama Dr to Unobstructed Widthof 20' Min, Vertical Clr 13'-6" Min,Turn Radius 50' Max, & Slope 15% Max.Provide Paved All-Weather SurfaceCapable of Supporting 75K lbper Fire Department Std Details &Specifications on Sheet A-1
Expand El Camino Grande to Unobstructed Width of 20' Min,Vertical Clr 13'-6" Min, Turn Radius 50' Max, & Slope 15% Max.Provide Paved All-Weather Surface Capable of Supporting 75K lbper Fire Department Std Details & Specifications Sheet A-1
Provide Min Turning Radius of50' Outside, 30' Inside@ Driveway Apron
Tree Protection Fence to beTemporarily Removed forInstallation of Pathway -Must Be Supervised byProject Arborist.Path May Be Adjusted toSite Conditions During Installation.
Approx Location of(N) 4" SS Line, SeeC Sheets
Approx Location of (N)Underground Electrical,See C Sheets
Approx Location of (N)Storm DrainageSystem, See C Sheets
Demo (E) ConcreteRetaining WallMin 5' Past Tree Dripline
Extend (E) FenceAs Shown
(N) 6' Sq ConcretePool Equipment Padw/ Enclosure Fence
Approx Location of(N) Water Service Line,See C Sheets
Approx Location of(N) Electric Meter,See C Sheets
(N) Automatic Gate;Provide ApprovedKnox Key SwitchAccess Devicefor Fire DepartmentEmergency Access56056056056
0 5705705705805
8
0
5
8
0
N75°19'00"W 311.63'EL CAMINO GRANDEN4°27
'30"W
134
.03
'
Joint Pole
Joint Pole
SSMH
Joint Pole
21.93'R=710'D=10°02
'32
"
L=124
.44
'
WV
(E) AsphaltDrivewayto beRemoved
R=
3
2
5
'
D=
5
2
°
4
1
'
4
6
"
L=
2
9
8
.
9
1
'
Edg
e
o
f
R
i
g
h
t
o
f
W
a
y
Joint Pole
SSCO
Edge
o
f
R
i
g
h
t
o
f
W
a
yToe of SlopeDemo (E)Residence
FF=580.91'
WM
(E) Brick Ringto beRemoved
(E) Concreteto beRemoved Demo(E) ShedN30°43'40"E 108.48'Fire Hydrant
(E) NbrMailbox:19101558.86578.35580.70(N) Synthetic Turf
34
31
32
33
24
23
2
1
14
27
11
25
26
30
12
19
21
22
A/CA/CE
L
C
A
M
I
N
O
G
R
A
N
D
E
3584'-8"±To (N) Main Level28'-10"±
To (N) M
ai
n
L
vl
15'-2"±
@ Narrowest
Point
73'-0"±@ Panorama Dr
(N) 3' Ht Metal Fencew/ Privacy Hedge
(N) 6' Ht MetalPool Barrier Fence
Approx Location of(N) Mailbox (TBD in Field)PANORAMA DR
IVE
20'-0"Right S
i
d
e
S
e
t
b
a
c
k
(E) Concrete Retaining Wallto be Remain UON,Demolish Brick Wall Above
(N) Retaining Wall w/ Veneer TBD,Provide Built-In Sleeves for Future"Shade Sail" Post Options
24' x 45.5'Sports Court(570.4±)
Rear MainLevel Deck(580.7±)LowerLevelPatio(570.4±)
OutdoorKitchen(570.4±)
Firepit
Front MainLevel Deck(580.7±)89'-7"±To (N) Upper LevelLower Level Shown Dashed:FF 570.5±
Upper Level Shown Dotted:FF 591.2±
Main Level Shown Solid:FF 580.8±
Footprint of(N) 5,429 Sq FtResidence
14' x 26'Pool & Spaw/VanishingEdge
30'-0"81'-9"±
84'-8±
31'-2"±
54'-5"±
20'-0"31'-10"±
20'-0"46'-4"±
89'-7"±Left Side Second Floor
20'-0"
25'-0"
20'-0"
25'-0"
Prior to foundation inspection by the City, LLS of Record shall
provide a written certification that all building setbacks are per the
approved plans.
4,021 Sq Ft
1,761 Sq Ft3,522 Sq Ft 1,761
3,428
11,439
Decks / Patio 2,045 Sq Ft
634 Sq Ft
Sports Court
Trash Enclosure (including roof overhang)
Swimming Pool (including equipment)
1,171 Sq Ft
140 Sq Ft
1,667 Sq Ft3,334 Sq Ft 1,667
8,011
N/AN/A N/A
6,856 3,428
SCHEMATIC PROPOSED SITE PLAN 16'32'0'
Scale:1/16"=1'-0"
1/16" = 1'
TJ, RTP
NORTHPrep Site for Construction of Addition. Verify All Dimensions & Site Conditions in Field.
Notify Architect of Discrepancies Immediately in Writing.
NOTE: Disposition and treatment of storm water will comply with the National Pollution Discharge
Elimination System (NPDES) standards and implementation standards established by the Santa Clara
Valley Urban Runoff Pollution Prevention Program
APN:
397-09-021
Gross Lot Size:
1.40 Acres / 60,984 Sq Ft ±
Net Lot Size:
1.21 Acres / 52,708 Sq Ft ±
Average Overall Slope:
15.4%, See Sheet C-0
Max Slope at (N) Building Edge:
22.5% Away From Bldg
Zoning:
R-1-40,000
Existing Single Story Residence:
2,739 Sq Ft (Not Including Carport), Built in 1936
Max Site Coverage Allowed:
18,448 Sq Ft (35% of Net Site Area)
Tree#*
Diameter (in)
Common Name
Notes
1
48.6"
Valley Oak
Protected
2
21.4"
Coast Live Oak
On Neighboring Property, Protected
11
7.8"
Coast Live Oak
On Neighboring Property, Protected
12
7.8"
Coast Live Oak
On Neighboring Property, Protected
14
15"±
Valley Oak
On Neighboring Property, Protected
19
17.0"
Coast Live Oak
Protected
21
Multi-Trunk
Valley Oak
Protected
22
11.2"
Loquat
Protected
23
28"±
Monterey Pine
On Neighboring Property, Protected
24
Multi-Trunk
Coast Live Oak
On Neighboring Property, Protected
25
Multi-Trunk
Coast Live Oak
Protected
26
Multi-Trunk
Coast Live Oak
Protected
27
Multi-Trunk
Coast Live Oak
Protected
30
6.8"
Coast Live Oak
Protected
31
30"±
Redwood
On Neighboring Property, Protected
32
30"±
Redwood
On Neighboring Property, Protected
33
Multi-Trunk
Redwood
On Neighboring Property, Protected
34
12"±
Magnolia
On Neighboring Property, Protected
35
Multi-Trunk
Pepper Tree
On Neighboring Property, To Be Removed
TREE SCHEDULE
TREE PROTECTION NOTES
1.
These notes supplement other portions of construction documents. See Cover Sheet, General Notes & Arborist Report for additional reqmts.
2.
Provide & erect tree protection fencing prior to commencing any demolition, grading, and/or construction activity. No equipment or materials areallowed on site until tree protection is in place. Tree protection shall remain in place at all times until final completion / final landscaping. ContactProject Arborist, AHJ, & Architect prior to performing work within fenced area. Obtain approval of project arborist & AHJ prior to removing treeprotection.
3.
Existing trees to remain that are near proposed construction shall be fenced off from such construction to greatest extent possible. Place fencingas far from tree trunks as possible while still allowing site work to take place. Tree dripline shall not be altered in any way so as to increaseencroachment of construction. Use caution to avoid damaging any bark or branches. See Tree Protection detail this sheet.
4.
Provide fencing to enclose:
Type I: Entire dripline area or tree protection zone (TPZ)
Type II: Entire planter strip to outer branches
Type III: Trunk from ground to first branch
5.
Size & materials:Type I & II: 6' high chain link fencing, mounted on 2"Ø galv steel posts driven into ground to min 2' depth at 10-foot max spacingType III: Orange plastic fencing wrapped around trunk from ground to first branch with 2-inch wooden boards bound securely on outside
6.
At each tree fence, provide prominent 8.5x11-inch warning sign stating:
"WARNING - TREE PROTECTION ZONE, THIS FENCE SHALL NOT BE REMOVED. REMOVAL IS SUBJECT TO PENALTY PER SARATOGA MUNICIPAL CODE"
7.
When construction is to take place beneath a tree canopy on one side, the fence should be sited 2 to 3' beyond that construction, but betweenconstruction & tree trunk.
8.
If construction or paving is to take place throughout area beneath tree canopy when approved by AHJ, and drip line fencing is not practical,provide Type III fencing to protect trunk from damage.
9.
The following activities are prohibited:A.
Storage of construction materials, other materials, or vehicles within tree dripline / tree protection fenceB.
Excavation, grading, & drainage within dripline unless approved by AHJC.
Disposal or depositing of oil, gasoline, chemicals or other harmful materials within tree dripline or in drainage channels, swales or areasthat may lead to dripline of a protected treeD.
Attachment of wires, signs or ropes to any protected tree
10.
Pruning & maintenance:
All pruning of protected trees shall be consistent with current edition of Best Management Practices: tree pruning, established by ISA(International Society of Arboriculture) & any special conditions as determined by AHJ.
TREE PROTECTION
NOT TO SCALE
FENCE PLACED ATEDGE OF DRIPLINE
PAVING
3 LAYERS OF WIRE &LATH SNOW FENCINGTO 8' ABOVE GROUNDON TREES WHERECONSTRUCTION WILLTAKE PLACE BENEATHCANOPY
TREE PROTECTIONFENCE LOCATION
1
NOTE: Tree Schedule shows protected trees only. For full tree list (including non-protected trees), see Arborist Report.
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
2
2
2
2
2
143
TERRY J. MARTIN ASSOCIATES, A.I.A.License # C23221RESIDENTIAL & COMMERCIAL ARCHITECTURE1615 Westwood DriveSan Jose, CA 95125Phone: 408-209-5152terry@tma-arch.comA-2.3
Sheet Title:
NEIGHBORHOO
D CONTEXT
MAP, STUDY, &
SCHEMATIC
STREETSCAPE
ELEVATIONS
Drawn by:
Project:
Scale:
Print Date:
#22015Mayya-Desai ResidenceCustom Estate19106 Panorama DrSaratoga, CA 95070Project RevDescriptionDates & Revisions
Date:Design Review Submittal09/21/2023Design Review Resubmittal04/26/202407/10/2024Design Review Resubmittal07/10/202412PANO
R
AM
A
D
R
IV
E
MO
N
T
E
V
I
S
T
A
D
R
I
V
E
BLUE GUM CT
CAMINOSITE ELGRANDE1
19140 Panorama Dr
2
19141 Panorama Dr
3
19101 Panorama Dr 4
15280 El Camino Grande
5
15300 El Camino Grande
6
15350 El Camino Grande
7
15351 El Camino Grande
8
19135 Monte Vista Dr
9
19174 Panorama Dr
7
SITE
Left Side Elevation
EL CAMINO GRANDE
MONTE
VISTA
DRIVE
MONTE VISTA DRIVE 7
8
EL
CAMINO
GRANDE
1
PANORAMA DRIVE
SITE
Front Elevation
EL
CAMINO
GRANDE
3
PANORAMA DR2
5
BLUE
GUM
CT
4 EL CAMINO GRANDE
6
MONTE
VISTA
DRIVE
9 PANORAMA DRIVE
NEIGHBORHOOD CONTEXT MAP
STREETSCAPE - EL CAMINO GRANDE (SAME SIDE)
STREETSCAPE - MONTE VISTA DRIVE
STREETSCAPE - PANORAMA DRIVE (SAME SIDE)
STREETSCAPE - PANORAMA DRIVE (OPPOSITE SIDE)
STREETSCAPE - EL CAMINO GRANDE (OPPOSITE SIDE)
STREETSCAPE - EL CAMINO GRANDE (OPPOSITE SIDE), CONTINUED
STREETSCAPE - PANORAMA DRIVE (SAME SIDE), CONTINUED
100'200'0'
Scale:1"=100'
As Noted
TJ, RTPNORTH20'40'0'
Scale:1"=20'
20'40'0'
Scale:1"=20'
20'40'0'
Scale:1"=20'
20'40'0'
Scale:1"=20'
20'40'0'
Scale:1"=20'
20'40'0'
Scale:1"=20'
20'40'0'
Scale:1"=20'
NEIGHBORHOOD STUDY
NEIGHBORHOOD
CONTEXT MAP,
STUDY, &
SCHEMATIC
STREETSCAPE
ELEVATIONS
Address
19140 Panorama Dr
19141 Panorama Dr
19101 Panorama Dr
15280 El Camino
Grande*
15300 El Camino
Grande
15350 El Camino
Grande
15351 El Camino
Grande
19135 Monte Vista Dr
19174 Panorama Dr
19106 Panorama Dr
1
2
3
4
5
6
7
8
9
SITE
Building Ht
1.5 Stories
(26'±)
1 Story
(18'±)
1 Story
(16'±)
Unknown*
2 Stories
(26'±)
1.5 Stories
(22'±)
1.5 Stories
(24'±)
1.5 Stories
(22'±)
2 Stories
(26'±)
2 Stories &
Daylit
Basement
Style
Spanish /
Mission
Modern
Farmhouse
Craftsman
Unknown*
Spanish /
Mission
Craftsman
Craftsman
Spanish /
Mission
Modern
Farmhouse
Modern
Farmhouse
Primary
Wall Matls
Stucco
Stucco
Wood
Shingles
Unknown*
(Stucco?)
Stucco
Brick
Stucco
Stucco
Stucco
Vertical
Siding
Roof Type
Mixed Hip /
Gable
Gable
Gable
Mixed Hip /
Gable*
Gable
Hipped /
Dutch
Gable
Hipped
Hipped
Gable
Mixed Hip /
Gable
Roof
Materials
Clay Tile
Asphaltic
Shingle
Wood Shake
Unknown*
(Slate?)
Clay Tile
Asphaltic
Shingles
Asphaltic
Shingles
Clay Tile
Asphaltic
Shingles
Standing
Seam Metal
Roof Pitch
Moderate
(5:12 ±)
Low
(4:12 ±)
Moderate
(5:12 ±)
Moderate*
(7:12 ±?)
Moderate
(5:12 ±)
Steep
(7:12 ±)
Steep
(10:12 ±)
Low
(2:12 ±)
Steep
(9:12 ±)
Low (4:12)
Accent
Materials
Stone
Painted
Wood
Painted
Wood, River
Rock
Stone*
N/A
Wood
Stone
Stone
Stone
Stucco,
Painted Steel
Window / Door Style
Vertical, White
Frames,
Gridded
Vertical, White
Frames,
Gridded, Wood Trim
Vertical, White
Frames,
Gridded, Wood Trim
Unknown* (Vertical?)
Vertical, Black Frames,
Gridded, No Trim
Vertical, White
Frames,
Gridded, Wood Trim,
Brick Sills
Vertical, White
Frames,
Gridded, Wood Trim
Vertical, Black Frames,
Cast Stone Trim
Vertical, Black Frames,
Gridded, No Trim
Vertical, White
Frames,
Gridded, Wood Trim
Prominent Features
Arches, Columns,
Symmetry, Accented
Entryway
Accented Entryway,
Arches, Privacy Walls
Accented Eaves &
Entryway, Columns
Ornate Gate w/ Stone
Columns*
Ornate Gate w/ Brick
Columns
Ornate Gate w/ Brick
Columns, Accented
Entry
Corner Accents,
Heavy
Landscaping
Arches, Columns,
Symmetry, Accented
Entryway
Complex Rooflines,
Wooden Gates, Brick
Chimneys
Columns, Accented
Entryway
* NOTE: Main residence of 15280 El Camino Grande cannot be seen from public ROW; building info is taken from slightly-visible detached garage and online aerial views.
1
144
TERRY J. MARTIN ASSOCIATES, A.I.A.License # C23221RESIDENTIAL & COMMERCIAL ARCHITECTURE1615 Westwood DriveSan Jose, CA 95125Phone: 408-209-5152terry@tma-arch.comL.1
Sheet Title:
IRRIGATION
PLAN
WELO CALCS
Drawn by:
Project:
Scale:
Print Date:
#22015Mayya-Desai ResidenceCustom Estate19106 Panorama DrSaratoga, CA 95070Project RevDescriptionDates & Revisions
Date:Design Review Submittal09/21/2023Design Review Resubmittal04/26/202407/10/2024Design Review Resubmittal07/10/2024121/16" = 1'
TS
1
1
2
145
TERRY J. MARTIN ASSOCIATES, A.I.A.License # C23221RESIDENTIAL & COMMERCIAL ARCHITECTURE1615 Westwood DriveSan Jose, CA 95125Phone: 408-209-5152terry@tma-arch.comL.2
Sheet Title:
PLANTING PLAN
Drawn by:
Project:
Scale:
Print Date:
#22015Mayya-Desai ResidenceCustom Estate19106 Panorama DrSaratoga, CA 95070Project RevDescriptionDates & Revisions
Date:Design Review Submittal09/21/2023Design Review Resubmittal04/26/202407/10/2024Design Review Resubmittal07/10/2024121/16" = 1'
TSPLANTING PLAN
NEW RETAINING WALL,
SEE C SHTS & A2.2
1
1
1
146
TERRY J. MARTIN ASSOCIATES, A.I.A.License # C23221RESIDENTIAL & COMMERCIAL ARCHITECTURE1615 Westwood DriveSan Jose, CA 95125Phone: 408-209-5152terry@tma-arch.comL.3
Sheet Title:
IRRIGATION &
PLANTING
DETAILS
Drawn by:
Project:
Scale:
Print Date:
#22015Mayya-Desai ResidenceCustom Estate19106 Panorama DrSaratoga, CA 95070Project RevDescriptionDates & Revisions
Date:Design Review Submittal09/21/2023Design Review Resubmittal04/26/202407/10/2024Design Review Resubmittal07/10/202412N/A
TS
147
TERRY J. MARTIN ASSOCIATES, A.I.A.License # C23221RESIDENTIAL & COMMERCIAL ARCHITECTURE1615 Westwood DriveSan Jose, CA 95125Phone: 408-209-5152terry@tma-arch.comL.4
Sheet Title:
HYDROZONE
MAP
Drawn by:
Project:
Scale:
Print Date:
#22015Mayya-Desai ResidenceCustom Estate19106 Panorama DrSaratoga, CA 95070Project RevDescriptionDates & Revisions
Date:Design Review Submittal09/21/2023Design Review Resubmittal04/26/202407/10/2024Design Review Resubmittal07/10/20241207/10/2024RevDescriptionDate:Design Review Submittal09/21/2023Design Review Resubmittal04/26/2024Design Review Resubmittal07/10/202412148
TERRY J. MARTIN ASSOCIATES, A.I.A.License # C23221RESIDENTIAL & COMMERCIAL ARCHITECTURE1615 Westwood DriveSan Jose, CA 95125Phone: 408-209-5152terry@tma-arch.comL.5.1
Sheet Title:
ARBORIST
REPORT
Drawn by:
Project:
Scale:
Print Date:
#22015Mayya-Desai ResidenceCustom Estate19106 Panorama DrSaratoga, CA 95070Project RevDescriptionDates & Revisions
Date:Design Review Submittal09/21/2023Design Review Resubmittal04/26/202407/10/2024Design Review Resubmittal07/10/20241219106 Panorama Dr,Saratoga,CA 95070 1KieltyArboristServicesLLC
P.O.Box 6187
San Mateo,CA 94403
650-532-4418
WE#10724A TRAQ Qualified
April 5th,2023
Revised Jun 12,2024
Sonali Desali &Ajit Mayya
Site:19106 Panorama Drive.Saratoga CA
Dear Sonali Desali &Ajit Mayya
As requested on Wednesday,January 20th,2020,and again on February 14th,2024,Kielty
Arborists Services LLC visited the above site to inspect and comment on the trees.A new home,
landscape,and pool are proposed for this property,and as required by the City of Saratoga,a
survey of the significant trees and a tree protection plan is required.Site plan A-2.2 dated 4/6/23
and L.1.0 dated 12/26/22 were reviewed for writing this report.This report will also go over
potential impacts and any needed mitigations/recommendations per the proposed plans.
Method:
The significant trees on this site were located on a topography map provided by you.34 trees
were surveyed for this report.All of the protected trees by city ordinance were surveyed.Each
tree was given an identification number.This number and tree location can be found on page 5 of
this report.The trees were then measured for diameter at 54 inches above ground level (DBH or
diameter at breast height).A condition rating of 1 –100 was assigned to each tree representing
form and vitality using the following scale:
1 -29 Very Poor
30 -49 Poor
50 -69 Fair
70 -89 Good
90 -100 Excellent
The height of each tree was estimated and the spread was paced off.Each tree was appraised by
using the "Trunk Formula Method Work Sheet".In the survey,you will find the species and size
of each tree followed by comments for each tree.
Survey Key:
DBH-Diameter at breast height (54 inches above grade)
CON-Condition rating
HT/SP-Tree height and canopy spread
R-Indicates proposed tree removal
P-Indicates protected tree by city ordinance
19106 Panorama Dr,Saratoga,CA 95070 2Survey:
Tree#Species DBH CON HT/SP Comments
1P Valley Oak 48.6 60 55/55 Fair vigor,fair form,limbs headed in past,
(Quercus lobata)cabled limbs,surrounded by hardscapes.
Appraised Value=$31,300
2*P Coast Live Oak 21.4 70 30/45 Good vigor,fair form.
(Quercus agrifolia)
Appraised Value=$6,500
3*Redwood 5.1 65 15/10 Fair vigor,good form,minor drought stress.
(Sequoia sempervirens)
4 Redwood 5.7 0 20/10 DEAD.
(Sequoia sempervirens)
5 Coast Live Oak 4.5 45 15/12 Fair vigor,poor form,topped in past.
(Quercus agrifolia)
6 Privet 4.3 20 20/12 Poor vigor,poor form,in decline.
(Ligustrum japonicum)
7 Green Ash 5.5-2.8 50 30/15 Fair vigor,fair form,poor location.
(Fraxinus uhdei)
8*Black Acacia 8est 10 30/15 Nearly dead.
(Acacia melanoxylon)
9 Black Acacia 6-4 10 30/15 Poor vigor,poor form,excessive decay on
(Acacia melanoxylon)trunk.
10 Pittosporum 4.8-4.8 45 20/15 Fair vigor,poor form,suppressed.
(Pittosporum tenuifolium)
11P Coast Live Oak 7.8 60 30/20 Fair vigor,fair form,suppressed.
(Quercus agrifolia)
Appraised Value=$930
12P Coast Live Oak 7.8 60 30/20 Fair vigor,fair form,suppressed.
(Quercus agrifolia)
Appraised Value=$930
13 Black Acacia 5.4 45 25/15 Fair vigor,poor form,suppressed,invasive.
(Acacia melanoxylon)
19106 Panorama Dr,Saratoga,CA 95070 3
Survey:
Tree#Species DBH CON HT/SP Comments
14*P Valley Oak 15est 70 40/40 Good vigor,good form,6’from property
(Quercus lobata)line.
Appraised Value=$6,100
15 Toyon 5.4 50 20/12 Fair vigor,fair form,suppressed by
(Heteromeles arbutifolia)oleanders.
16R Italian Cypress 4.7 60 30/2 Fair vigor,fair form,suppressed by oak.
(Cupressus sempervirens)
17R Italian Cypress 4.6 60 30/2 Fair vigor,fair form,suppressed by oak.
(Cupressus sempervirens)
18R Italian Cypress 4.4 60 30/2 Fair vigor,fair form,suppressed by oak.
(Cupressus sempervirens)
19P Coast Live Oak 17.0 70 30/40 Fair vigor,fair form,buried root crown.
(Quercus agrifolia)
Appraised Value=$4,630
20 Loquat 5.4-3-2.5 50 15/12 Fair vigor,fair form,suppressed by oaks.
(Eriobotrya japonica)
21P Valley Oak 20-12.2-9.4-6.4 60 40/45 Good vigor,poor form,multi leader at
(Quercus lobata)grade.
Appraised Value=$23,200
22P Loquat 11.2 50 15/12 Fair vigor,fair form,suppressed by oaks.
(Eriobotrya japonica)
Appraised Value=$340
23*P Monterey Pine 28est 50 40/45 Good vigor,poor form,pine pitch canker.
(Pinus radiata)
Appraised Value=$1,600
24*P Coast Live Oak 12-12-12 65 30/35 Fair vigor,poor form,multi-leader at grade.
(Quercus agrifolia)
Appraised Value=$8,500
25P Coast Live Oak 10.6-3.5 65 30/20 Fair vigor,fair form,at property line.
(Quercus agrifolia)
Appraised Value=$2,180
19106 Panorama Dr,Saratoga,CA 95070 4Survey:
Tree#Species DBH CON HT/SP Comments
26P Coast Live Oak 8-7 65 30/20 Fair vigor fair form,at property line,
(Quercus agrifolia)codominant at grade.
Appraised Value=$2,180
27P Coast Live Oak 15.8-11.4 30 30/35 Poor vigor,poor form,suppressed,leans,
(Quercus agrifolia)large dead wood areas codominant at grade.
Appraised Value=$2,360
28 Pittosporum 9.5 0 25/20 Dead,covered in ivy.
(Pittosporum eugenioides)
29 Pittosporum 6.6-4 20 15/15 Poor vigor,poor form,in decline,
(Pittosporum eugenioides)suppressed.
30P Coast Live Oak 6.8 45 20/15 Fair vigor,poor form,leans at 45 degrees,
(Quercus agrifolia)suppressed.
Appraised Value=$390
31*P Redwood 30est 60 70/25 Fair vigor,fair form,drought stressed.
(Sequoia sempervirens)
Appraised Value=$9,800
32*P Redwood 30est 60 70/25 Fair vigor,fair form,drought stressed.
(Sequoia sempervirens)
Appraised Value=$9,800
33*P Redwood 12”x3 55 60/20 Fair vigor,poor form,multi leader at grade,
(Sequoia sempervirens)drought stressed.
Appraised Value=$5,800
34*P Magnolia 12est 70 35/25 Good vigor,good form,5’from property
(Magnolia grandiflora)line.
Appraised Value=$2,340
35*P/R Pepper 7.7-8.2-12(19.9”)30 15/18 Fair vigor,poor form,poor structure,
(Shinus molle)codominant at grade with three stems,
heartwood decay on all 3 leaders,topped in
the past for utility line clearance,underneath
Appraised Value=$1,500 high voltage utility lines.
19106 Panorama Dr,Saratoga,CA 95070 5
Showing tree locations
19106 Panorama Dr,Saratoga,CA 95070 6
Summary:
The trees surveyed are a mix of imported and
native trees to this area of Saratoga.Most of the
trees are on the perimeter of the property making
for an ideal construction site for tree protection
measures.Trees #1,2,11,12,14,19,21-28,and
31-35 are the only protected trees surveyed.The
only protected trees with a poor condition rating
are Oak tree #27,Pittosporum tree #28,ak tree
#30 and pepper tree #35.These trees are poorly
suited for preservation within the landscape.
Showing site
Valley Oak tree #1 to be retained is the largest tree
on the property.The tree has been poorly pruned
in the past using large heading cuts.These large
cuts may lead to decay as many of the cuts made
are too large for the tree to develop enough wound
wood to heal the cuts.Many cables were observed
in the canopy and offer extra support to the large
codominant leaders.This tree is recommended to
be annually inspected by a Certified Arborist to
train any new sprout growth from the large pruning
cuts made.
Showing Oak tree #1 with hardscapes
surrounding the tree
19106 Panorama Dr,Saratoga,CA 95070 7Non-protected trees proposed for removal:
Non-protected trees #16-18 are proposed for removal to facilitate the project.These trees are not
of a protected size in the city of Saratoga and no permit is needed for removal.
Protected tree proposed to be removed:
Pepper tree (Schinus molle)#35 is proposed to be removed to allow the road to be widened for
fire truck access.This tree is on the neighboring property and will need to be approved for
removal by the neighbor.The tree was given a poor condition rating due to the poor structure and
form of the tree observed.The tree is codominant at grade with 3 leaders.Each leader showed
heartwood decay likely due to being topped in the past for utility line clearance pruning.Topping
trees starves trees of their food source and weakens a tree.Topping cuts lead to decay as the
wounds made are too large for the tree to compartmentalize the wound.This gives decay
organisms a free path to move down through the branches often resulting in an unacceptable level
of risk.This is likely why each of the codominant stems have heartwood decay.After a tree is
topped,the tree’s survival mechanism causes a tree to produce multiple shoots below each
topping cut often referred to as “water sprout growth.”The new shoots develop from latent buds
hidden underneath the surface of old branches.These new shoots are not anchored into the tree
like normal branches that develop in a socket of overlapping wood tissues.The new shoots are
weakly attached as they are only anchored in the outermost layers of the parent branches.These
sprouts grow very quickly as a survival mechanism and are prone to failure in normal weather
conditions due to the limbs being weakly attached.Limb failure risk also increased as decay is
likely to be found from the past topping cut.The risk of future limb failure is high with the
pepper tree.Tree removal is recommended to alleviate all associated risks.The tree has a low
suitability for preservation rating due to the tree’s poor condition.Tree removal is also necessary
for fire truck access.The road as existing is wider once past the tree.Widening the road will
allow for a safer access road.(Photos showing heartwood decay and topping cuts)
19106 Panorama Dr,Saratoga,CA 95070 8
Showing the tree and the line of the existing road in red,see how when past the tree the road
becomes wider
19106 Panorama Dr,Saratoga,CA 95070 9
Replacement tree plan
The city of Saratoga requires that new trees equal to the total appraised value of trees approved
for removal be planted on-site,or that some or all of the value be placed in a fund for tree planting
elsewhere in the City.Any tree on-site protected by City Code will require replacement according
to its appraised value if it is damaged beyond repair as a result of construction.
For ease of determining replacement trees,replacement values have been assigned to specific
sizes of trees as follows:
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
The replacement tree species shall be approved by the city arborist.All replacement trees must be
shown on the plans.The appraised value of the protected pepper tree #35 is $1,500.The
appraised
The replacement tree plan needs to show a planting value of $1,500.The replacement tree should
be shown near the removed pepper tree in front of the neighboring property.Using the standard
24”box size,three 24”box trees are needed on-site to satisfy the replacement tree measures set
forth by the city of Saratoga.
Impacts on the retained trees/recommendations:
The site plan shows a new driveway in the same general location as the existing driveway near
Valley Oak tree #1.At the closest point,the driveway work will be taking place at 22’from the
tree.The tree is currently surrounded by hardscapes on all sides of the tree.The proposed site
plan will help to improve the rootable area for the tree as the hardscapes near the tree are to be
removed.The existing driveway and hardscape around the oak tree are recommended to be
retained during the construction of the home as a tree protection measure and are recommended to
be removed and replaced during the landscaping phase of the project as an additional tree
protection measure.This will also increase the available staging areas during the construction
process as a smaller tree protection zone can be used.Roots are being protected by the existing
driveway and hardscape surface.All hardscapes to be removed within the tree’s dripline are
recommended/required to be done under the direct supervision of the Project Arborist.Removal
of the hardscapes must be carefully done to ensure that roots are not damaged.A jackhammer can
be used to break the material into small hand manageable-sized pieces when underneath the
dripline of the tree.No heavy machinery shall be allowed to do this work when working within
5’of the tree canopies.Any exposed roots that are to be exposed for longer than 1 day are
recommended to be wrapped/covered in 3 layers of wetted down burlap and kept moist by
spraying down burlap multiple times a day.Areas,where hardscapes are to be removed and will
become landscaped areas,are recommended to be immediately covered by a thin layer of native
or imported soils and irrigated if roots are to be exposed.These measures will help to avoid root
desiccation.
The proposed finished grade of the driveway underneath the dripline of the tree is recommended
to be at or slightly above the existing grades so that roots can be retained.Excavation for base
19106 Panorama Dr,Saratoga,CA 95070 10rockmaterialisrecommended/required to be done under the direct supervision of the Project
Arborist and be done by hand with the use of a pneumatic tool such as an air knife.It is
recommended to keep excavation depth as minimal as possible for the driveway work.Root
growth within the existing driveway/proposed driveway location is likely minimal as the existing
compacted conditions of the driveway have likely discouraged root growth in this area.Roots
encountered within the proposed base rock section of the driveway are recommended to be
retained with new base rock material packed around tree roots.While roots are exposed,it is
recommended to cover/wrap roots in layers of wetted-down burlap to help avoid root desiccation.
Impacts from the proposed driveway work and removal of the hardscape around the tree are
expected to be minor.Once the project is finished,it is recommended to have the tree's deep
water fertilized using Nutriroot mixed with 300 gallons of clean water.Existing compaction
around the tree due to the existing hardscapes is recommended to be mitigated through radial
trenching or vertical mulching.
A retaining wall exists to the north of valley oak tree #1.It is recommended to retain the portion
of the wall within 6x the diameter of the tree or within 24.5’from the tree.Outside of this
distance,the wall can be removed.The removal of the wall outside the 24.5’distance is not
expected to impact the tree,however,the work is recommended to be done by hand under the
project arborist's supervision when working within the dripline plus five feet.
Two prefabricated Tuff Sheds are proposed on site within 5’of tree canopies #19-22,25,26,and
30.Minor grading for a small slab will likely be needed.Grading and any needed excavation for
the installation of the sheds will require the project arborist supervision.Impacts are expected to
be minor.Grading and excavation are recommended to be reduced as much as possible.Specific
mitigation measures will be prescribed during the site visit to inspect the shed installation.
A new decomposed granite pathway is proposed around the site and will pass within 5’of tree
canopies #19-22 and #26-31.The DG pathway is recommended to be built up on top of the
existing grade and only require rough surface grading not to exceed more than 6”into the grade
when within 5’of the tree canopies.The rough surface grading will need to be done by hand
when within 5’of the tree canopies.The entire pathway construction within 5’of the tree
canopies will be required to be constructed by hand while under the supervision of the Project
Arborist.Any roots encountered within the minor surface grading measuring 1.5”in diameter or
larger are recommended to be retained by raising the grade of the pathway to keep the tree roots.
Impacts from the dg pathway construction are expected to be minor to non-existent.The trees are
recommended to be irrigated before the start of the pathway work using 30 gallons of water per
tree.During the site inspection,additional mitigation measures will be prescribed if needed.
Exploratory trenches:
Exploratory Trench Analysis -Valley Oak #1 and Coast Live Oak#2
The exploratory trenching was undertaken to assess the potential impact of construction activities
on valley oak #1 and coast live oak #2.The trenching,executed with hand tools,an air spade,and
a rotary hammer with a clay spade attachment,recognizes the proximity to the tree's critical root
zones at the dripline plus five feet of the trees.This methodical approach ensured minimal
disturbance while allowing for an accurate assessment of root structures and utility lines within
the area.
19106 Panorama Dr,Saratoga,CA 95070 11
Findings and Recommendations Valley Oak (Tree #1):
The exploratory trench revealed no roots at the proposed gate post/column location near the large
Valley Oak.This absence of roots,coupled with the presence of concrete underneath the soil,
likely has helped to discourage root growth in this area.The gate column's placement,22 feet
from the tree at the outer edge of the drip line,poses no risk to the tree's health as no roots were
encountered,substantiating the decision to proceed with the planned construction of the gate
column in this vicinity.The post-hole excavation will still require hand excavation with
pneumatic tools such as an air knife while under the supervision of the project arborist.
Showing the post hole with concrete at the base of the hole near tree #1
Showing Retaining wall next to Tree #1
This retaining wall is recommended to be resurfaced
when under the tree’s dripline plus 5’.Areas outside
of this zone can be rebuilt if desired.By keeping this
wall no impacts are expected.The resurfacing is
recommended to be done at the end of the project
during the landscaping phase.
19106 Panorama Dr,Saratoga,CA 95070 12
N/A
RTP
1
149
TERRY J. MARTIN ASSOCIATES, A.I.A.License # C23221RESIDENTIAL & COMMERCIAL ARCHITECTURE1615 Westwood DriveSan Jose, CA 95125Phone: 408-209-5152terry@tma-arch.comL.5.2
Sheet Title:
ARBORIST
REPORT
Drawn by:
Project:
Scale:
Print Date:
#22015Mayya-Desai ResidenceCustom Estate19106 Panorama DrSaratoga, CA 95070Project RevDescriptionDates & Revisions
Date:Design Review Submittal09/21/2023Design Review Resubmittal04/26/202407/10/2024Design Review Resubmittal07/10/202412Exploratory Trench For Gate Post Near Coast Live Oak (Tree #2):
For the gate past/column near Coast Live oak #2,exploratory trenching revealed a 1.5-inch
diameter root 8 feet from the tree near the gate post location,alongside a water line and a possible
gas line near the retaining wall,indicating previous trenching activities.This root can be cut to
accommodate the gate column,as it will have a minor impact on the tree.The root should be
cleanly cut with a hand saw and the cut area covered with wet burlap to protect the tree.It is
recommended to deep water fertilize this tree during the growing season of 2024 as a mitigation
measure for the minor impacts.
Showing the gate column hole and one root with a diameter of 1.5”
Exploratory trenching for retaining wall work near oak tree #2:
An exploratory trench was done at 1.5’from the existing retaining wall near neighboring oak tree
#2 to explore the possibility of expanding the retaining wall out closer to the tree to allow for a
wider driveway.However,we immediately encountered three significant roots,necessitating a
cautious approach to any construction activities in this area.Once these roots were encountered
we immediately stopped the exploratory trench process as the expansion of the retaining wall is
not feasible.The findings underscore the importance of retaining the existing retaining wall's
location within the drip line plus five feet,as large roots running parallel to the retaining wall
were identified.This precaution aligns with the Saratoga ordinance,emphasizing the need to
mitigate potential impacts on the tree's root system.
19106 Panorama Dr,Saratoga,CA 95070 13
Showing the 3 large roots running parallel to the retaining wall next to tree #2
Exploratory trench results:
Root size (diameter)Root depth
1.5”8”under grade
1.5”8”under grade
1.9”8”under grade
2.9”5”under grade
Recommendations for retaining wall work near oak tree #2:
To enhance the protection of Tree #2,it is necessary to implement design modifications that
prioritize the preservation of its root system.The retaining wall is recommended to be no closer to
the tree than the existing retaining wall when within the canopy spread of the tree plus 5’.
Outside of this zone,the retaining wall could be expanded.The rebuilding of the retaining wall
will be required to be done by hand with pneumatic hand tools such as an air knife while under
the direct supervision of the project arborist when working within the tree protection zone
(dripline plus 5’).
19106 Panorama Dr,Saratoga,CA 95070 14
All construction activities near the retained protected trees must be supervised by a qualified
project arborist to ensure compliance with relevant city codes and to mitigate potential impacts.
Specifically,for the Coast Live Oak #2,any root cutting should be performed cleanly with hand
tools such as saws or loppers,and cut root ends should be protected with wetted-down burlap to
prevent desiccation.The only approved root cutting is for oak tree #2 in the root found int the
post hole dug during the exploratory trenching work for the gate column.
Furthermore,to support tree health and compensate for minor impacts,it is recommended that the
trees with work proposed within the tree protection zones be deep water fertilized in early spring
2024 with products like Nutriroot,accompanied by Agri-fos treatments.These measures are
aimed at encouraging new root growth and maintaining tree vitality amidst the construction
activities.This assessment underscores the criticality of precise,informed planning and execution
in construction projects to safeguard tree health.By adhering to the recommendations based on
the exploratory trench findings,the project can proceed with a reduced risk to the significant trees
in question,thereby balancing development needs with environmental stewardship and
sustainability.
Tree protection security deposit:
The tree protection security deposit will be set at 100%of the value of trees that have work
proposed within the root zone because more than one structure will be built.The pool and home
are both structures.The only trees with an existing canopy within 5’of any proposed work are
trees #1,19,21,22,26,and #31-33.The appraised value for these trees is as follows:
Valley Oak #1=$31,300 Coast Live Oak #2-$6,500 Coast Live Oak #19=$4,630
Valley Oak #21=$23,200 Loquat #22=$340 Coast Live Oak #25=$2,180
Coast Live Oak #26=$2,180 Coast Live Oak #27=$2,360 Coast Live Oak #30=$390
Redwood #31-$9,800
Total=$92,880
Bond 100%=$82,890
Tree Protection Plan:
Tree Protection Zones
Tree protection zones should be installed and maintained throughout the entire length of the
project.Fencing for tree protection zones should be 6-foot high chain link fencing mounted on an
eight-foot-tall,2-inch diameter galvanized post,driven 24 inches into the ground,and spaced no
more than 10 feet apart.On the metal chain link fencing protecting the trees should be a sign
saying-"TREE PROTECTION FENCE-DO NOT MOVE OR REMOVE WITHOUT
APPROVAL FROM CITY ARBORIST.The city requires that all tree protection fencing be
installed before any equipment comes on-site and inspected by the City Arborist before issuance
of permits.The location for the protection zone is the distance from the trunk to a point that is
five feet beyond the canopy of a tree protected by city code.Tree protection fencing shall be
located as close to this location as possible while allowing room for construction to occur.No
equipment or materials shall be stored or cleaned inside the protection zones.Any tree on site
that is protected by city code will require replacement according to its appraised value if it is
19106 Panorama Dr,Saratoga,CA 95070 15
damaged beyond repair as a result of construction.At the end of the project,to take the tree
protection down,the city requires a final inspection that is to be done by the city arborist.Below
is a diagram showing the recommended tree protection fencing locations.
Red lines indicate the recommended tree protection fencing locations.
Landscape Buffer
Where tree protection does not cover the entire root zone of the trees (5 feet beyond canopy
spread),or when a smaller tree protection zone is needed for access,a landscape buffer consisting
of wood chips spread to a depth of six inches with plywood or steel plates placed on top will be
placed where foot traffic is expected to be heavy.The landscape buffer will help to reduce
compaction to the unprotected root zone.If plywood is used the pieces of plywood shall be
attached in a way that minimizes movement.
Root Cutting and Grading
Any roots to be cut shall be monitored and documented (not expected on this site).Large roots
(over 2”diameter)or large masses of roots to be cut must be inspected by the site arborist.The
site arborist,at this time,may recommend irrigation or fertilization of the root zone.All roots
needing to be cut should be cut clean with a saw or lopper.Roots to be left exposed for a period
of time should be covered with layers of burlap and kept moist.
19106 Panorama Dr,Saratoga,CA 95070 16TrenchingandExcavation
Trenching for irrigation,drainage,electrical or any other reason shall be done by hand when
inside the dripline of a protected tree.Hand digging and the careful placement of pipes below or
besides protected roots will significantly reduce root loss,thus reducing trauma to the tree.All
trenches shall be backfilled with native materials and compacted to near its original level,as soon
as possible.Trenches to be left open for a period of time,will require the covering of all exposed
roots with burlap and be kept moist.The trenches will also need to be covered with plywood to
help protect the exposed roots.
Irrigation
Normal irrigation shall be maintained on this site at all times.The imported trees will require
normal irrigation.On a construction site,I recommend irrigation during winter months,1 time
per month.Seasonal rainfall may reduce the need for additional irrigation.During the warm
season,April –November,my recommendation is to use heavy irrigation,2 times per month.
This type of irrigation should be started prior to any excavation.The irrigation will improve the
vigor and water content of the trees.The on-site arborist may make adjustments to the irrigation
recommendations as needed.The foliage of the trees may need cleaning if dust levels are
extreme.Removing dust from the foliage will help to reduce mite and insect infestation.
Inspections
All proposed work underneath the dripline of a protected tree on site is required to be inspected
by the Project Arborist.
Tree maintenance pre-construction and post-construction
To ensure the health and resilience of trees impacted by construction activities at 19106 Panorma,
a meticulously planned approach that includes both pre-construction and post-construction care is
essential.This comprehensive strategy is designed to mitigate stress,promote root and shoot
growth,and ensure long-term tree vitality.
Pre-Construction Care:
In the pre-construction phase,it is critical to prepare the trees for the upcoming stress and
disturbances.Implementing a deep watering schedule is foundational,ensuring trees receive
adequate moisture deep within their root zones.To enhance soil moisture control and support new
root growth,applying NutriRoot (2-2-3)is recommended.In conjunction with NutriRoot,
ArborPlex (14-4-5)should be used to build stress tolerance and improve overall tree health.
Adding Paclobutrazol (Cambistat)to this regimen can further slow tree growth,redirecting energy
toward root development and enhancing drought resistance.It is also recommended to introduce
microbial inoculants at this stage which is beneficial for improving soil health and facilitating
nutrient uptake.The application of these treatments sets a robust foundation for the trees to
withstand construction impacts.
Post-Construction Care:
Following the completion of construction activities,it's vital to continue supporting the trees'
recovery and growth.Maintaining the deep watering schedule will ensure that trees remain
adequately hydrated.A post-construction application of NutriRoot is advised to sustain soil
moisture control and support ongoing root health.Reapplying ArborPlex will further aid in
19106 Panorama Dr,Saratoga,CA 95070 17nutritionalsupport,promoting root and shoot growth as trees recover from construction stress.
Continuing the use of Paclobutrazol can help maintain reduced growth rates,allowing trees to
allocate more resources toward recovery and stress resistance.It is also pertinent to reintroduce
microbial inoculants to restore beneficial microbial communities that may have been disrupted
during construction.Additional applications of soil amendments like Biochar and HydraHume
will continue to enhance soil structure,fertility,and water-holding capacity,supporting the trees'
long-term health and resilience.Employing air spading techniques can also be advantageous to
aerate the soil and gently introduce these amendments without causing root damage.By adopting
this dual-phase approach,(Pre &Post Construction)leveraging a combination of deep watering,
nutritional support,growth regulation,and soil health enhancement,the strategy aims to not only
protect the trees during construction but also promote their recovery and thriving in the
post-construction landscape.This holistic care plan underscores a commitment to sustainable tree
management,ensuring that the trees at 19106 Panorma remain a valuable and vibrant part of the
ecosystem for years to come.
This report should be kept on site at all times.The information included in this report is believed
to be true and based on sound arboricultural principles and practices.The owner,contractor and
architect are all responsible for knowing the information included in this report and adhering to
the conditions provided.This report is to be copied onto a plan sheet and become part of the final
plan set.
Sincerely,
David Beckham,Certified Arborist WE#10724A TRAQ Qualified
Kielty Arborist Services
P.O.Box 6187
San Mateo,CA 94403
650-532-4418
ASSUMPTIONS AND LIMITING CONDITIONS
●Legal Descriptions and Titles:The consultant/arborist assumes the accuracy of any legal
description and titles provided.No responsibility is assumed for any legal due diligence.
The consultant/arborist shall not be held liable for any discrepancies or issues arising from
incorrect legal descriptions or faulty titles.
●Compliance with Laws and Regulations:The property is assumed to be in compliance
with all applicable codes,ordinances,statutes,or other government regulations.The
consultant/arborist is not responsible for identifying or rectifying any non-compliance.
●Reliability of Information:Though diligent efforts have been made to obtain and verify
information,the consultant/arborist is not responsible for inaccuracies or incomplete data
provided by external sources.The client accepts full responsibility for any decisions or
actions taken based on this data.
19106 Panorama Dr,Saratoga,CA 95070 18
●Testimony or Court Attendance:The consultant/arborist has no obligation to provide
testimony or attend court regarding this report unless mutually agreed upon through
separate written agreements,which may incur additional fees.
●Report Integrity:Unauthorized alteration,loss,or reproduction of this report renders it
invalid.The consultant/arborist shall not be liable for any interpretations or conclusions
made from altered reports.
●Restricted Publication and Use:This report is exclusively for the use of the original
client.Any other use or dissemination,without prior written consent from the
consultant/arborist,is strictly prohibited.
●Non-disclosure to Public Media:The client is prohibited from using any content of this
report,including the consultant/arborist's identity,in any public communication without
prior written consent.
●Opinion-based Report:The report represents the independent,professional judgment of
the consultant/arborist.The fee is not contingent upon any predetermined outcomes,
values,or events.
●Visual Aids Limitation:Visual aids are for illustrative purposes and should not be
considered precise representations.They are not substitutes for formal engineering,
architectural,or survey reports.
●Inspection Limitations:The consultant/arborist's inspection is limited to visible and
accessible components.Non-invasive methods are used.There is no warranty or guarantee
that problems will not develop in the future.
ARBORIST DISCLOSURE STATEMENT
Arborists specialize in the assessment and care of trees using their education,knowledge,training,
and experience.
●Limitations of Tree Assessment:Arborists cannot guarantee the detection of all
conditions that could compromise a tree’s structure or health.The consultant/arborist
makes no warranties regarding the future condition of trees and shall not be liable for any
incidents or damages resulting from tree failures.
●Remedial Treatments Uncertainty:Remedial treatments for trees have variable
outcomes and cannot be guaranteed.
●Considerations Beyond Scope:The consultant/arborist's services are confined to tree
assessment and care.The client assumes responsibility for matters involving property
boundaries,ownership,disputes,and other non-arboricultural considerations.
●Inherent Risks:Living near trees inherently involves risks.The consultant/arborist is not
responsible for any incidents or damages arising from such risks.
●Client’s Responsibility:The client is responsible for considering the information and
recommendations provided by the consultant/arborist and for any decisions made or
actions taken.
The client acknowledges and accepts these Assumptions and Limiting Conditions and Arborist
Disclosure Statement,recognizing that reliance upon this report is at their own risk.The
consultant/arborist disclaims all warranties,express or implied.
19106 Panorama Dr,Saratoga,CA 95070 19
CERTIFICATION
I hereby certify that all the statements of fact in this report are true,complete,and correct to the
best of my knowledge and belief,and are made in good faith.
David Beckham
Signature of Consultant
David Beckham
Certified Arborist
WE#10724A TRAQ Qualified
April 5th,2023
Revised Jun 12,2024
19106 Panorama Dr,Saratoga,CA 95070 20
N/A
RTP
1
150
TERRY J. MARTIN ASSOCIATES, A.I.A.License # C23221RESIDENTIAL & COMMERCIAL ARCHITECTURE1615 Westwood DriveSan Jose, CA 95125Phone: 408-209-5152terry@tma-arch.comA-3.1
Sheet Title:
LOWER LEVEL /
BASEMENT
FLOOR PLAN
Drawn by:
Project:
Scale:
Print Date:
#22015Mayya-Desai ResidenceCustom Estate19106 Panorama DrSaratoga, CA 95070Project RevDescriptionDates & Revisions
Date:Design Review Submittal09/21/2023Design Review Resubmittal04/26/202407/10/2024Design Review Resubmittal07/10/202412Face of Front Deck Above
Face ofBldg AboveFace of Trellis Above
4x4 Skylt
12'-0"40'-10"
52'-10"
14'-4 1/2"7'-6"18'-11 1/2"6'-1 1/2"5'-2 1/2"7'-8"13'-4"1'-0"33'-4"12'-0"40'-10"
2'-0"6'-0"4'-0"23'-2"17'-8"11'-4"22'-0"33'-4"10'-0"12'-6 1/2"10'-7 1/2"4'-4 1/2"12'-3 1/2"1'-0"
Elevator3080UP(18)R@ 6.7" Ea(16)T@ 12" Ea268016080 Sldg Gls Dr, Tmpd3080Mech Room17.5 x 4.759' Clg
Dn7-3/4"Max
Dn1"36" Wine RefSinkMulti-Purpose Room21.5 x 20.59' ClgEdge of Counted SFLower LevelPatio
OutdoorKitchen Dn1"Vestibule9' Clg
3080
OptStorage
8080 Sldg Gls Dr, Tmpd3080Sauna Showerw/ Tmpd GlsEnclosure LavPool Bath&ChangingRm7 x 9.59' Clg3080Exercise Room14 x 9.59' Clg
BenchBenchWall HooksFace of Rear Deck Above
8080 Sldg Gls Dr, Tmpd
A
A-6.1
A
A-6.1
B
A-6.1
B
A-6.1
C
A-6.2
C
A-6.2
LOWER LEVEL / BASEMENT FLOOR PLAN 4'8'0'
Scale:1/4"=1'-0"
1/4" = 1'
TJ, RTP
WALL LEGEND
Wood Stud WallExterior: Min 2x6 @ 16"OC MaxInterior: Min 2x4 @ 16"OC Max
Field Verify All Dimensions & Conditions Prior to Commencing Work. Notify Architect of Discrepancies Immediately in Writing.All dimensions are to Face of Stud UON
See General Notes, Sheet A-1.1, SN For Additional Reqmts
NORTHConcrete Retaining Wall
Lower Level / Basement Level
208 Sq Ft
Main Level
2,854 Sq Ft
Upper Level
1,513 Sq Ft
Total Living Area
4,575 Sq Ft
Including Open Stairways
+ Garage
818 Sq Ft
+ Enclosed Front Porch
36 Sq Ft
Total Floor Area
5,429 Sq Ft
Allowable Floor Area
6,060 Sq Ft
Uncounted Basement
926 Sq Ft
1 2
151
TERRY J. MARTIN ASSOCIATES, A.I.A.License # C23221RESIDENTIAL & COMMERCIAL ARCHITECTURE1615 Westwood DriveSan Jose, CA 95125Phone: 408-209-5152terry@tma-arch.comA-3.2
Sheet Title:
MAIN LEVEL
FLOOR PLAN
Drawn by:
Project:
Scale:
Print Date:
#22015Mayya-Desai ResidenceCustom Estate19106 Panorama DrSaratoga, CA 95070Project RevDescriptionDates & Revisions
Date:Design Review Submittal09/21/2023Design Review Resubmittal04/26/202407/10/2024Design Review Resubmittal07/10/202412Face of Roof Above
8'-8" Clg
9' Clg
DW DW
4x4 Skylt
4'-0"18'-0"9'-0"13'-0"35'-0"
8'-0"79'-0"
38'-5 1/2"29'-6 1/2"11'-0"2'-0"23'-0"30'-0"4'-0"55'-0"2'-0"8'-0"79'-0"24'-6 1/2"22'-5 1/2"10'-0"4'-0"57'-0"15'-4"14'-8"21'-6 1/2"16'-11"12'-10 1/2"2'-8"14'-0"
Bedroom #113 x 14.259' Clg
3-Car Garage
15"Min
EQ
15"Min
EQ Flush Showerw/ Tmpd GlsEnclosureLav
Dryer Washer
9090 Carriage Style Garage Door30803080Pr3080Bedroom #213 x 14.259' Clg
3080Dn7-3/4"MaxFull-Ht Storage3080Mud Room23.5 x 7.59' Clg
3080Dn1"Lav
2880 Powder9.75 x 59' Clg
Hallway9' Clg
Pr3080
Office12 x 138'-8" / 9'Waffle Clg
3668 w/Dn1"CoveredEntryPorch 5016 AwningTmpd, FG12080 Sldg Glass Dr, Tmpd
8066Csmt/Fixed/Csmt4066 French Csmt
Kitchen16 x 209' Clg
ElevatorDN(18)R@ 6.7" Ea(16)T@ 12" EaUP(18)R@ 6.7" Ea(16)T@ 12" EaGreat Room21.5 x 21.59' Clg
Rear Deck
3480 CasedOpening16080 Sldg Glass Dr, TmpdDn1"8080 Cased Opening3080FrontDeck
3080 PocketTmpd
20803080 Tmpd
Dn7-3/4"Max3080Bench
HallBath11 x 6.759' Clg
Bench
Sink
Wall Hooks
Full HtCab3480 CasedOpeningDining Room17 x 129' Clg
Living Room17 x 129' / 9'-8" Clg 3050 Csmt1868Sidelites& 7618Transom,Tmpd9090 Carriage Style Garage Door 9090 Carriage Style Garage Door
6066 French CsmtEgress6066 French CsmtEgress
1866 CsmtPoojaAltar / Niche6080Dbl Pocket Dr
Sinkw/Disposal
8046Csmt/Fixed/Csmt
1866 Csmt3050 Csmt4066 French Csmt5066 French Csmt5066 French Csmt48"Ref/FreezerStackedOvensor Cab36" Induction Cooktopw/Low Vent4x10 IslandFoyer8'-8" / 9' Clg
DN
Pr308030803080 Tmpd
Dn1"Dn1"
Trellis
A
A-6.1
A
A-6.1
B
A-6.1
B
A-6.1
C
A-6.2
C
A-6.2
MAIN LEVEL FLOOR PLAN 4'8'0'
Scale:1/4"=1'-0"
1/4" = 1'
TJ, RTP
WALL LEGEND
Wood Stud WallExterior: Min 2x6 @ 16"OC MaxInterior: Min 2x4 @ 16"OC Max
Field Verify All Dimensions & Conditions Prior to Commencing Work. Notify Architect of Discrepancies Immediately in Writing.All dimensions are to Face of Stud UON
See General Notes, Sheet A-1.1, SN For Additional Reqmts
Lower Level / Basement Level
208 Sq Ft
Main Level
2,854 Sq Ft
Upper Level
1,513 Sq Ft
Total Living Area
4,575 Sq Ft
Including Open Stairways
+ Garage
818 Sq Ft
+ Enclosed Front Porch
36 Sq Ft
Total Floor Area
5,429 Sq Ft
Allowable Floor Area
6,060 Sq Ft
Uncounted Basement
926 Sq Ft NORTH1 2
152
TERRY J. MARTIN ASSOCIATES, A.I.A.License # C23221RESIDENTIAL & COMMERCIAL ARCHITECTURE1615 Westwood DriveSan Jose, CA 95125Phone: 408-209-5152terry@tma-arch.comA-3.3
Sheet Title:
UPPER LEVEL
FLOOR PLAN
Drawn by:
Project:
Scale:
Print Date:
#22015Mayya-Desai ResidenceCustom Estate19106 Panorama DrSaratoga, CA 95070Project RevDescriptionDates & Revisions
Date:Design Review Submittal09/21/2023Design Review Resubmittal04/26/202407/10/2024Design Review Resubmittal07/10/2024124x4 Skylt
16'-5 1/2"24'-0"
40'-5 1/2"29'-6"9'-6"2'-0"8'-0"41'-0"2'-0"51'-0"11'-5 1/2"2'-8"5'-8"4'-9"8'-7"17'-10 1/2"24'-6 1/2"26'-5 1/2"4'-0"55'-0"9'-5 1/2"13'-0"18'-0"
40'-5 1/2"
13'-9 1/2"2'-8"9'-0"15'-0"
4'-0"14'-0"
1'-0" OH
Typ
Schematic 3x5 Solar PanelsLayout TBD by Others36 Max Panels @ Lower Roof
Standing Seam Metal Class 'A'Roofing System, Typ @ Slopes.Owner to Approve Prior to Installation,Install per Mnf Instructions
5" Fascia Gutter O/ Min 2x6 FasciaBurnished Copper Color GutterPaint Fascia to Match Window & Door TrimDN
(18)R@ 6.7" Ea(16)T@ 12" EaElevator
Lav
Upper Bath12 x 59' Clg
Showerw/ Tmpd GlsEnclosureBedroom #312 x 10.59' Clg
2880
8050Csmt/Fixed/Csmt Egress30806050 French CsmtEgressBedroom #413 x 119' Clg
1850 Csmt
2880 Wet Room
Lav3080PrimaryWalk-In Closet8.5 x 11.59' Clg
30803080
PrimaryBathroom17.5 x 7.59' Clg
1860 Csmt 1860 Csmt
2616 AwningTmpd, FGOpt Opaque3416 AwningTmpd, FGOpt Opaque
Primary Suite14 x 17.59'/9'-8" Clg
Sitting Area9 x 28.59' Clg 3080Lav
3080
Lav
Linen
5050 French Csmt2036 CsmtOpt Opaque
Linen 5060 French Csmt3050 Csmt5060 French CsmtEgress1850 Csmt
3080Pocket
Pr30805050 French Csmt5050 French CsmtRWL
RWLRWLRWLTrellis
2030 Awning
5050 French Csmt Pr30804:12
4:124:121.25:12±
4:124:124:124:12
Ridge HipHipHipHipValleyBastard V
all
e
y Slope ChangeSlope ChangeSlope Change4:124:12
4:124:124:12HipHip Ridge
Slope Change
Flat Roof2% Max SlopeBuildup for Drainage
HipValleyFlat Roof2% Max SlopeBuildup for Drainage ValleyHipA
A-6.1
A
A-6.1
B
A-6.1
B
A-6.1
C
A-6.2
C
A-6.2
UPPER LEVEL FLOOR PLAN
1/4" = 1'
TJ, RTP
WALL LEGEND
Wood Stud WallExterior: Min 2x6 @ 16"OC MaxInterior: Min 2x4 @ 16"OC Max
4'8'0'
Scale:1/4"=1'-0"
Field Verify All Dimensions & Conditions Prior to Commencing Work. Notify Architect of Discrepancies Immediately in Writing.All dimensions are to Face of Stud UON
See General Notes, Sheet A-1.1, SN For Additional Reqmts
NORTHLower Level / Basement Level
208 Sq Ft
Main Level
2,854 Sq Ft
Upper Level
1,513 Sq Ft
Total Living Area
4,575 Sq Ft
Including Open Stairways
+ Garage
818 Sq Ft
+ Enclosed Front Porch
36 Sq Ft
Total Floor Area
5,429 Sq Ft
Allowable Floor Area
6,060 Sq Ft
Uncounted Basement
926 Sq Ft
1 2
153
TERRY J. MARTIN ASSOCIATES, A.I.A.License # C23221RESIDENTIAL & COMMERCIAL ARCHITECTURE1615 Westwood DriveSan Jose, CA 95125Phone: 408-209-5152terry@tma-arch.comA-4
Sheet Title:
UPPER ROOF
PLAN
Drawn by:
Project:
Scale:
Print Date:
#22015Mayya-Desai ResidenceCustom Estate19106 Panorama DrSaratoga, CA 95070Project RevDescriptionDates & Revisions
Date:Design Review Submittal09/21/2023Design Review Resubmittal04/26/202407/10/2024Design Review Resubmittal07/10/2024121'-0" OH
Typ
Schematic 3x5 Solar PanelsLayout TBD by Others38 Max Panels @ Upper Roof
Standing Seam Metal Class 'A'Roofing System, Typ @ Slopes.Owner to Approve Prior to Installation,Install per Mnf Instructions
5" Fascia Gutter O/ Min 2x6 FasciaBurnished Copper Color GutterPaint Fascia to Match Window & Door TrimRWLRWL
RWL4:12Hip4x4 Skylt
ValleyValleyRidgeRidgeRidge
HipHipHipHipHipValleyRidge4:12
4:124:124:12
4:124:12
4:12Hip 2x2 Skylt
Gable End
A
A-6.1
A
A-6.1
B
A-6.1
B
A-6.1
C
A-6.2
C
A-6.2
UPPER ROOF PLAN
1/4" = 1'
TJ, RTP4'8'0'
Scale:1/4"=1'-0"NORTH154
TERRY J. MARTIN ASSOCIATES, A.I.A.License # C23221RESIDENTIAL & COMMERCIAL ARCHITECTURE1615 Westwood DriveSan Jose, CA 95125Phone: 408-209-5152terry@tma-arch.comA-5.1
Sheet Title:
EXTERIOR
ELEVATIONS
Drawn by:
Project:
Scale:
Print Date:
#22015Mayya-Desai ResidenceCustom Estate19106 Panorama DrSaratoga, CA 95070Project RevDescriptionDates & Revisions
Date:Design Review Submittal09/21/2023Design Review Resubmittal04/26/202407/10/2024Design Review Resubmittal07/10/202412o. Impervious Coverage Table with breakdown of site coverage.
SITE COVERAGE
Impervious Surfaces Total SF
Footprint of Home/Garage (including roof overhang)
Driveway
Walkways / Decks /Patio
Other (e.g. Cabana / Shed / Pool / Tennis Court)
(a) SUBTOTAL IMPERVIOUS = _________ sf Impervious
Pervious Surfaces Actual S.F. 50% credit Total SF
Permeable paver driveway (-)
Permeable walkways/patio (-)
Other
(b) SUBTOTAL PERVIOUS = ______ sf = ____ sf = _________ sf Pervious
SITE COVERAGE TOTAL (a) + (b) = ________ sf Total Coverage
* Please call out ‘other’ line items (e.g., garden shed, gazebo, trellis, arbor, ADU, etc.)
** Must provide documentation showing permeability to qualify for 50% credit
p. Height Information Table that includes the following.
HEIGHT Foot Elevation
Lowest elevation point at the buildings edge from natural grade
Highest elevation point at the buildings edge from natural grade
Average elevation point (based on highest and lowest points above)
Top most elevation point - measured from average point (above)
to the top most point of the roof.
Include separate calculation for chimney, etc.
q. Setback table of required and proposed setbacks.
SETBACKS Required Proposed
Front
Left Side First Floor
Left Side Second
Floor
Right Side First Floor
Right Side Second Floor
Rear First Floor
Rear Second Floor
2. DEMOLITION SITE PLAN – The demolition plan shall include all of the following
information:
a. Please show all structures, fences, hardscape, etc. to be removed.
b. Include a block diagram of the existing footprint of the home (dashed line). 42" MinGuardrailStanding Seam Metal Roofing:Slate Gray, Mfr TBD
Cementitious Board & Batten Siding:Painted Off-White, (White Heron by Benjamin Moore OAE)HardiePanel Vertical Siding w/HardieTrim Boards Batten Stripsby James Hardie OAE
Windows & Exterior Doors:Dark Metal Frame,HardieTrim Boards TrimPainted to Match Siding
Stucco Accents:Portland Cement PlasterStucco SystemPainted to Match Siding
Railings:Glass Panels w/Dark MetalSupport Posts
Eaves & Gutters:Aluminum, Light Grayto Match Roofing
Metal Trellis:Dark Powder-CoatedMetal Mfr TBD
9090 Carriage Style Garage Door3668 w/1868 Sidelites& 7618 Transom, Tmpd 8066Csmt/Fixed/Csmt4066 French Csmt
9090 Carriage Style Garage Door 9090 Carriage Style Garage Door
4066 French Csmt
8050Csmt/Fixed/Csmt Egress
3416 AwningTmpd, FGOpt Opaque
2036 CsmtOpt Opaque
5050French Csmt
FF 591.2'±
FF 580.8'±
593.32'
601.32'
575.32'
18' o/ Avg Grade
26' o/ Avg Grade
Avg Grade (N) Nat Grade(N) Finish Grade(N) Finish Grade(N) Finish Grade(N) Finish Grade(N) Finish Grade(N) Nat Grade575.54'±578.00'579.94'579.9'579.99'580.57' (@ Column)580.72'(@ Wall)29'-4"±Average Grade To Highest Point (Max 26'-0")Scope of Work Includes Request for Height Exception9'-0"9'-0"9'-0"16080 Sldg Gls Dr, Tmpd 8080 Sldg Gls Dr, Tmpd
16080 Sldg Glass Dr, Tmpd
5066French Csmt5066French Csmt
3080Tmpd
6050 French CsmtEgress 5050French Csmt 3050Csmt5050French Csmt5050French Csmt
FF 580.8'±
FF 591.2'±
604.8'±
575.32'
593.32'
601.32'
FF 570.5'±Top of Slab
Top Plate
Avg Grade
Ridge
Top of Sub-Flr
Top Plate
Top of Sub-Flr
Top Plate
18' o/ Avg Grade
26' o/ Avg Grade
TW 575.42'BW 570.42'(N) Nat Grade(N) Finish Grade578.00'570.42'(N) Finish Grade570.42'(N) Finish Grade579.94'580.22'
570.42'
575.32'
604.8'±
FRONT (NORTH) ELEVATION
LEFT SIDE (EAST) ELEVATION
4'8'0'
Scale:1/4"=1'-0"
1/4" = 1'
TJ, RTP
4'8'0'
Scale:1/4"=1'-0"
N
E
S
W
N
E
S
W
1
1
11
1
111
1
1
1
1
155
TERRY J. MARTIN ASSOCIATES, A.I.A.License # C23221RESIDENTIAL & COMMERCIAL ARCHITECTURE1615 Westwood DriveSan Jose, CA 95125Phone: 408-209-5152terry@tma-arch.comA-5.2
Sheet Title:
EXTERIOR
ELEVATIONS
Drawn by:
Project:
Scale:
Print Date:
#22015Mayya-Desai ResidenceCustom Estate19106 Panorama DrSaratoga, CA 95070Project RevDescriptionDates & Revisions
Date:Design Review Submittal09/21/2023Design Review Resubmittal04/26/202407/10/2024Design Review Resubmittal07/10/202412o. Impervious Coverage Table with breakdown of site coverage.
SITE COVERAGE
Impervious Surfaces Total SF
Footprint of Home/Garage (including roof overhang)
Driveway
Walkways / Decks /Patio
Other (e.g. Cabana / Shed / Pool / Tennis Court)
(a) SUBTOTAL IMPERVIOUS = _________ sf Impervious
Pervious Surfaces Actual S.F. 50% credit Total SF
Permeable paver driveway (-)
Permeable walkways/patio (-)
Other
(b) SUBTOTAL PERVIOUS = ______ sf = ____ sf = _________ sf Pervious
SITE COVERAGE TOTAL (a) + (b) = ________ sf Total Coverage
* Please call out ‘other’ line items (e.g., garden shed, gazebo, trellis, arbor, ADU, etc.)
** Must provide documentation showing permeability to qualify for 50% credit
p. Height Information Table that includes the following.
HEIGHT Foot Elevation
Lowest elevation point at the buildings edge from natural grade
Highest elevation point at the buildings edge from natural grade
Average elevation point (based on highest and lowest points above)
Top most elevation point - measured from average point (above)
to the top most point of the roof.
Include separate calculation for chimney, etc.
q. Setback table of required and proposed setbacks.
SETBACKS Required Proposed
Front
Left Side First Floor
Left Side Second
Floor
Right Side First Floor
Right Side Second Floor
Rear First Floor
Rear Second Floor
2. DEMOLITION SITE PLAN – The demolition plan shall include all of the following
information:
a. Please show all structures, fences, hardscape, etc. to be removed.
b. Include a block diagram of the existing footprint of the home (dashed line). 42" MinGuardrailStanding Seam Metal Roofing:Slate Gray, Mfr TBD
Cementitious Board & Batten Siding:Painted Off-White, (White Heron by Benjamin Moore OAE)HardiePanel Vertical Siding w/HardieTrim Boards Batten Stripsby James Hardie OAE
Windows & Exterior Doors:Dark Metal Frame,HardieTrim Boards TrimPainted to Match Siding
Stucco Accents:Portland Cement PlasterStucco SystemPainted to Match Siding
Railings:Glass Panels w/ DarkMetal Support Posts
Eaves & Gutters:Aluminum, Light Grayto Match Roofing
8080 Sldg Gls Dr, Tmpd
3080
12080 Sldg Glass Dr, Tmpd
6066 French CsmtEgress 6066 French CsmtEgress
8046Csmt/Fixed/Csmt
1850Csmt1860Csmt1860Csmt
1850Csmt
2030 Awning
FF 580.8'±
593.32'
601.32'
575.32'
18' o/ Avg Grade
26' o/ Avg Grade
Avg Grade TW 574.92'BW 570.42'(N) Nat Grade(N) Finish Grade576.00'580.22'(N) Nat Grade576.00'(N) Finish Grade570.42'(N) Finish Grade570.42'29'-4"±Average Grade To Highest Point (Max 26'-0")Scope of Work Includes Request for Height Exception9'-0"5016 AwningTmpd, FG
3080 Tmpd3050 Csmt
1866Csmt
1866Csmt
3050 Csmt
2616 AwningTmpd, FGOpt Opaque
5060French Csmt
5060French CsmtEgress
9'-0"FF 580.8'±
FF 591.2'±
604.8'±
593.32'
601.32'
575.32'
Top of Sub-Flr
Top Plate
Driveway Grade
Ridge
Top of Sub-Flr
Top Plate
18' o/ Avg Grade
26' o/ Avg Grade
Avg Grade TW 574.92'BW 570.42'(N) Nat Grade(N) Finish Grade576.00'580.57'(N) Finish Grade579.94'(N) Finish Grade579.99'(N) Finish Grade580.22'(N) Finish Grade580.22'580.22'
570.42'
575.32'
604.8'±
REAR (SOUTH) ELEVATION
RIGHT SIDE (WEST) ELEVATION
4'8'0'
Scale:1/4"=1'-0"
1/4" = 1'
TJ, RTP
4'8'0'
Scale:1/4"=1'-0"
N
E
S
W
N
E
S
W
1
1
11
1
1 1
1
1
1 1
1
156
TERRY J. MARTIN ASSOCIATES, A.I.A.License # C23221RESIDENTIAL & COMMERCIAL ARCHITECTURE1615 Westwood DriveSan Jose, CA 95125Phone: 408-209-5152terry@tma-arch.comA-6.1
Sheet Title:
BUILDING
CROSS
SECTIONS A-A,
B-B
Drawn by:
Project:
Scale:
Print Date:
#22015Mayya-Desai ResidenceCustom Estate19106 Panorama DrSaratoga, CA 95070Project RevDescriptionDates & Revisions
Date:Design Review Submittal09/21/2023Design Review Resubmittal04/26/202407/10/2024Design Review Resubmittal07/10/2024124'-9"±Max 5'-0"Standing Seam Metal Roofing:Slate Gray, Mfr TBD
Cementitious Board & Batten Siding:Painted Off-White, (White Heron by Benjamin Moore OAE)HardiePanel Vertical Siding w/HardieTrim Boards Batten Stripsby James Hardie OAE
Windows & Exterior Doors:Dark Metal Frame,HardieTrim Boards TrimPainted to Match Siding
Stucco Accents:Portland CementPlaster StuccoSystem, Paintedto Match Siding
Railings:Glass Panels w/Dark Metal Support Posts
Eaves & Gutters:Aluminum, Light Grayto Match Roofing
Metal Trellis:Dark Powder-CoatedMetal, Mfr TBD
Existing Natural GradeShown Dashed(For Reference Only)
18' AboveExisting Natural GradeShown Dashed(For Reference Only)
26' AboveExisting Natural GradeShown Dashed(For Reference Only)
Uncounted Basement(Not Counted as SquareFootage) Shown Shaded,See Area Calcs on Sht A-19'-0"9'-0"Office8'-8"/9' Waffle Clg
Mech Room9' Clg Vestibule9' Clg
u/StairStorage
Powder9' Clg
Stairway
Bedroom #49' ClgSitting Area9' ClgUpper Bath9' ClgBedroom #39' Clg
FF 591.2'±
FF 580.8'±
FF 570.5'±
Kitchen9' Clg
Sports Court
Crawlspace
593.32'
601.32'
575.32'
18' o/ Avg Grade
26' o/ Avg Grade
Avg Grade TW 574.9'BW 570.4'604.8'±Highest Pt(N) Nat Grade576.0'(N) Finish Grade579.9'(E) Nat Grade580.0'±(N) Nat G
r
a
d
e
577.9 '±(N) Finish Grade579.9'(N) Finish Grade580.57'42" FromGradeto FF AboveExisting Natural GradeShown Dashed(For Reference Only)
18' AboveExisting Natural GradeShown Dashed(For Reference Only)
26' AboveExisting Natural GradeShown Dashed(For Reference Only)
Uncounted Basement(Not Counted as SquareFootage) Shown Shaded,See Area Calcs on Sht A-1
FF 570.5'±
Primary Bathroom9' Clg
Mud Room9' Clg Great Room9' Clg
FF 580.8'±
FF 591.2'±
u/StairStorage
Stairway
Sitting Area9' Clg
Multi-Purpose Room9' Clg
Basement(Uncounted)Lower Level(Counted)
Crawlspace
593.32'
601.32'
575.32'
18' o/ Avg Grade
26' o/ Avg Grade
Avg Grade(N) Finish Grade580.22'(N) Finish Grade580.22'(N) Finish Grade570.42'BUILDING CROSS SECTION A-A
BUILDING CROSS SECTION B-B
4'8'0'
Scale:1/4"=1'-0"
1/4" = 1'
TJ, RTP
4'8'0'
Scale:1/4"=1'-0"
1
1 1
1
1
1
1
1
1 1
1
1
1
1 1
1
2
22
2
2
12
2
2
2
2
2
157
TERRY J. MARTIN ASSOCIATES, A.I.A.License # C23221RESIDENTIAL & COMMERCIAL ARCHITECTURE1615 Westwood DriveSan Jose, CA 95125Phone: 408-209-5152terry@tma-arch.comA-6.2
Sheet Title:
BUILDING
CROSS SECTION
C-C & TRASH
ENCLOSURE
ELEVATIONS
Drawn by:
Project:
Scale:
Print Date:
#22015Mayya-Desai ResidenceCustom Estate19106 Panorama DrSaratoga, CA 95070Project RevDescriptionDates & Revisions
Date:Design Review Submittal09/21/2023Design Review Resubmittal04/26/202406/25/2024Design Review Resubmittal06/25/20241242" FromGradeto FF AboveStanding Seam Metal Roofing:Slate Gray, Mfr TBD
Cementitious Board & Batten Siding:Painted Off-White, (White Heron by Benjamin Moore OAE)HardiePanel Vertical Siding w/HardieTrim Boards Batten Stripsby James Hardie OAE
Windows & Exterior Doors:Dark Metal Frame,HardieTrim Boards TrimPainted to Match Siding
Stucco Accents:Portland CementPlaster Stucco System,Painted to Match Siding
Eaves & Gutters:Aluminum, Light Grayto Match Roofing
Metal Trellis:Dark Powder-CoatedMetal, Mfr TBD
Uncounted Basement(Not Counted as SquareFootage) Shown Shaded,See Area Calcs on Sht A-1
Existing Natural GradeShown Dashed(For Reference Only)
18' AboveExisting Natural GradeShown Dashed(For Reference Only)
26' AboveExisting Natural GradeShown Dashed(For Reference Only)
Primary Suite9'/9'-8" ClgSitting Area9' Clg
FF 580.8'±
FF 570.5'±
FF 591.2'±
Hall Bath9' ClgKitchen9' ClgGreat Room9' Clg Hall
Multi-Purpose Room9' Clg
Basement(Uncounted)Lower Level(Counted)
Crawlspace
593.32'
601.32'
575.32'
18' o/ Avg Grade
26' o/ Avg Grade
Avg Grade
(N) Finish Grade570.42'(N) Nat Grade579.7'±(N) Nat G
r
a
d
e
577.9 '±7'-4"3'-2"±10'-6"±Portland Cement PlasterStucco SystemPainted to Match Residence
Dark Powder-CoatedMetal Frmg & Gateto Match ResidenceMetal Trellis
Standing SeamMetal Roofing:Slate Grayto Match Residence
Eaves & Gutters:Aluminum, Light Grayto Match Residence
BUILDING CROSS SECTION C-C
TRASH ENCL FRONT (WEST) ELEVATION TRASH ENCL LEFT SIDE (NORTH) ELEVATION TRASH ENCL REAR (EAST) ELEVATION TRASH ENCL LEFT SIDE (NORTH) ELEVATION
4'8'0'
Scale:1/4"=1'-0"
1/4" = 1'
TJ, RTP
Scale:1/4"=1'-0"Scale:1/4"=1'-0"Scale:1/4"=1'-0"Scale:1/4"=1'-0"
1
1
1
1
1
1
1
1
2
2
2
2
2
158
REPORT TO THE
PLANNING COMMISSION
14833 Andrew Ct
Meeting Date: December 11, 2024
Application: PDR24-0008 / ARB24-0094
Address/APN: 14833 Andrew Ct / 397-32-009
Applicant / Property Owner: Michelle Miner Design/ Suneeta Chandrasakaran
Report Prepared By: Kyle Rathbone, Associate Planner
159
Report to the Planning Commission
14833 Andrew Ct – Application # PDR24-0008 / ARB24-0094
December 11, 2024
Page | 2
PROJECT DESCRIPTION
The applicant is requesting Design Review approval for a home addition for a new 5,514 square foot
two-story single-family residence with a 920 square foot attached accessory dwelling unit (ADU). No
protected trees are proposed for removal.
STAFF RECOMMENDATION
Adopt Resolution No. 24-034 approving the project subject to conditions of approval included in
Attachment 1.
Pursuant to City Code Section 15-45.060(a) (2) approval by the Planning Commission is required as
the project would convert a single-story structure into a new multi-story structure.
PROJECT DATA
Gross/Net Site Area: 31,232 sq. ft. (0.72 acres)
Average Site Slope: 5,74%
General Plan Designation: RVLD (Residential Very Low Density)
Zoning: R-1-40,000 (Single Family Residential)
Proposed Allowed/Required
Site Coverage
Residence/Garage/ADU/Porches
Driveway/Walkways/Pool
Total Proposed (structures)
4,940 sq. ft.
7,100 sq. ft.
12,040 sq. ft.
12,824 sq. ft.*
Floor Area
First Floor
Second Floor
Accessory Dwelling Unit
Garage
Total Floor Area
3,996 sq. ft.
902 sq. ft.
920 sq. ft.
616 sq. ft.
6,434 sq. ft.
6,713 sq. ft.**
Height 26’ 26’
Setbacks
Front:
Left Side:
Right Side
Rear:
1st Floor
38’
21’
22’
50’
2nd Floor
53’
87’
25’
101’
1st Floor
30’
20’
20’
50’
2nd Floor
30’
25’
25’
60’
Grading Cut
45 C.Y.
Fill
45 C.Y.
Import
0 C.Y.
No grading limit in the
R-1-40,000 zoning district
*Includes one-time bonus 800 square feet of site coverage allowance for an Accessory Dwelling Unit and 10%
bonus for a deed restricted ADU
** Includes one-time bonus 800 square foot floor area allowance for an Accessory Dwelling Unit and 10%
bonus for a deed restricted ADU
160
Report to the Planning Commission
14833 Andrew Ct – Application # PDR24-0008 / ARB24-0094
December 11, 2024
Page | 3
SCOPE OF REVIEW
The project, as a housing development proposing more than one residential unit, limits the City
in its ability to “deny, reduce the density for, or render infeasible” the project under the Housing
Accountability Act (HAA) (Government Code Section 65589.5) unless the project: (1) is found
to be in violation of an objective general plan/zoning standard; or (2) will result in a specific
adverse impact to public health and safety. While conditions and requirements may be applied to
further applicable goals, policies, and strategies – any conditions and requirements not based on
objective standards may not make the project infeasible or reduce the number of units. For
example, the decision-making body may apply conditions related to window treatments or paint
color but could not apply conditions resulting in aesthetic modifications that would render the
project infeasible. Under the HAA an objective standard is one involves “no personal or
subjective judgment by a public official and [is] uniformly verifiable by reference to an external
and uniform benchmark or criterion available and knowable by both the development applicant
or proponent and the public official.”
SITE CHARACTERISTICS AND PROJECT DESCRIPTION
Site Description
The 31,232 net square foot project site is located at 14833 Andrew Rd in the R-40,000 (Single
Family Residential) zoning district. The site is bounded on its front by Andrew Ct. and by
Fruitvale Ave. by its rear. The site contains an existing one-story single-family residence, a
garage, and related site improvements. Surrounding uses include primarily single-story homes on
similar sized parcels.
Project Description
The work will build off of the existing single-family residence and existing site improvements
will be retained. The new construction will consist of adding a small second story, adding floor
area to the first story including an attached accessory dwelling unit (ADU), and raising the wall
height of the existing home. The architectural style of the project can best be described as modern.
The project will include a 4,612 square foot first story with a side facing two-car garage, a 902
square foot second story, and a 920 square foot attached first story ADU.
The applicant has provided a color and materials board (Attachment #4). Below is a list of the
proposed exterior materials.
Detail Colors and Materials
Exterior Off White Stucco / Light Brown Wood Siding Accent / Stone Accent
Windows Black Windows
Doors Black Door and Trim
Roof Dark Grey Standing Seam Metal Roof
Trees
The project arborist inventoried a total of 12 protected trees on the project site. No protected trees
are proposed for removal with this project. Tree fencing is required to be installed to minimize
impacts to protected trees prior to project commencement and during its duration. The payment of a
161
Report to the Planning Commission
14833 Andrew Ct – Application # PDR24-0008 / ARB24-0094
December 11, 2024
Page | 4
tree protection security deposit is required prior to building permit issuance. Details of the arborist’s
findings and description of the trees on site are included in the Arborist Report.
Landscaping
The installation of front yard landscaping is required prior to building permit final inspection. The
project includes a condition of approval that landscaping is to be installed per City Code Section 15-
12.095. Permeable pavers will be used for a new driveway and walkways. Hardscape located within
the front setback will be limited to 42% of front setback area.
FINDINGS
Design Review
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 new residence will be expanded from the
existing house which will minimize the grading that would be necessary to create a building
pad. The project will not make significant changes to the existing natural elevations. The
development is appropriate to the site’s natural constraints with single family homes around
it.
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 no protected trees are proposed for
removal. Tree protection fencing is required to be installed prior to the issuance of building
permits and shall remain in place for project duration.
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 proposed residence is
consistent with surrounding properties. The building setbacks and structure height comply
with those required for the R-1-40,000 zoning district. The second story is minor and there is
existing vegetation for screening from neighboring properties. The site is mostly flat and no
community view sheds are 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 proposed residence complies with the maximum height limitation of 26 feet
allowable for residential structures; the building has varying architectural forms and exterior
162
Report to the Planning Commission
14833 Andrew Ct – Application # PDR24-0008 / ARB24-0094
December 11, 2024
Page | 5
materials to break up the appearance of mass, the building setbacks comply with those
required for the R-1-40,000 zoning district.
e. The landscape design minimizes hardscape in the front setback area and contains elements
that are complementary to the neighborhood streetscape.
This finding may be made in the affirmative in that the project includes a condition of
approval that front yard landscaping is to be installed prior to the building department final
inspection. Staff will ensure that this landscaping is complimentary to the neighborhood and
streetscape. The City Code requires that at least 50% of the front setback area be landscaped.
f. Development of the site does not unreasonably impair the ability of adjoining properties to
utilize solar energy.
This finding may be made in the affirmative in that the home is similar in mass with the
homes in the neighborhood and will not cast shadows on the adjacent properties which could
impair the adjacent property owner’s opportunity to utilize solar energy.
g. The design of the structure and the site development plan is consistent with the Residential
Design Handbook, pursuant to Section 15-45.055.
This finding may be made in the affirmative in that the proposed project conforms to the
applicable design policies and techniques in the Residential Design Handbook in terms of
compatible bulk and avoiding unreasonable interference with privacy and views as detailed
in the findings above.
h. On hillside lots, the location and the design of the structure avoid unreasonable impacts to
ridgelines, significant hillside features, community viewsheds, and is in compliance
with Section 15-13.100.
This finding is not applicable to the project as the site is not considered a hillside lot as the
average slope is less than 10% nor will it affect any significant hillside feature or community
viewshed.
NEIGHBOR NOTIFICATION AND CORRESPONDENCE
The Community Development Department mailed public notices 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 reached out to the adjacent neighbors during the review process and
provided completed neighbor notification forms; no concerns were raised with the neighbor
notification forms, and to date no additional public comments have been received.
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. The project, as proposed, is for the construction of a new residence in a suburban,
residential area.
163
Report to the Planning Commission
14833 Andrew Ct – Application # PDR24-0008 / ARB24-0094
December 11, 2024
Page | 6
ATTACHMENTS
1. Resolution No. 24-034
2. Arborist Approval Dated December 3, 2024
3. Project Notification Forms
4. Color and Materials Board
5. Project Plans
164
RESOLUTION NO: 24-034
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
APPROVING DESIGN REVIEW PDR24-0008
14833 ANDREW CT (397-32-009)
WHEREAS, on May 20, 2024, an application was submitted by Michelle Miner Designs
requesting Design Review approval for a new 5,514 square foot two story single-family residence
with a 920 square foot attached accessory dwelling unit (ADU). No protected trees proposed for
removal. The site is zoned R-1-40,000 with a General Plan Designation of RVLD (Residential Very
Low Density).
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 December 11, 2024, 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
neighborhood. In addition, the proposed materials, colors, and details enhance the architecture in a
well-composed, understated manner.
165
Section 5: The City of Saratoga Planning Commission hereby approves PDR24-0008 for
14833 Andrew Ct (397-32-009) 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 11
th day of
December 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Jonathan “Jojo” Choi
Chair, Planning Commission
166
Exhibit 1
CONDITIONS OF APPROVAL
14833 Andrew Ct
PDR24-0008 / ARB24-0094
(397-32-009)
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.
COMMUNITY DEVELOPMENT DEPARTMENT
5. A Building Permit must be issued, and construction commenced within 36 months from the date
of adoption of this Resolution or the Design Review Approval will expire unless extended in
accordance with the City Code.
167
6. The development shall be located and constructed to include those features, and only those
features, as shown on the Approved Development Plans. All proposed changes to the approved
plans must be submitted in writing with plans showing the changes, including a clouded set of
plans highlighting the changes. Such changes shall be subject to approval in accordance with
City Code.
7. 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.
8. 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.
9. 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.
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.
10. All fences, walls and hedges shall conform to height requirements provided in City Code
Section 15-29.
11. 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 consider 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
168
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 consider potential damage to
roots of protected trees.
11. 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.
12. 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.
13. West Valley Collection & Recycling is the exclusive roll-off and debris box provider for the
City of Saratoga.
FIRE DEPARTMENT
14. The owner/applicant shall comply with all Fire Department requirements.
ARBORIST
15. All requirements in the City Arborist Approval Letter dated December, 2024 are hereby adopted
as conditions of approval and shall be implemented as part of the approved plans.
PUBLIC WORKS/ENGINEERING
16. The Project shall retain and/or detain any increase in design flow from the site created by
their construction and grading, such that adjacent down slope properties will not be
negatively impacted by an increase in stormwater runoff. Disposition and treatment of
stormwater shall comply with the applicable requirements of the National Pollution
Discharge Elimination System ("NPDES") Permit issued to the City of Saratoga and the
implementation standards established by the Santa Clara Valley Urban Runoff Pollution
Prevention Program (collectively the "NPDES Permit Standards").
17. Prior to issuance of a Grading or Building Permit, a Stormwater Management Plan shall
be submitted for review and approval demonstrating how all storm water will be retained
on-site and in compliance with the NPDES Permit Standards. If not all stormwater can be
retained on-site due to topographic, soils or other constraints, and if complete retention is
not otherwise required by the NPDES Permit Standards, the Project shall be designed to
retain on-site the maximum reasonably feasible amount of stormwater and to direct all
excess stormwater away from adjoining property and toward stormwater drains,
drainageways, streets or road right-of- ways and otherwise comply with the NPDES
Permit Standards and applicable City Codes.
169
18. For single-family home projects that create and/or replace between 2,500 SF and 10,000
SF of impervious surface (Site Coverage), Owner / Applicant shall provide the Small
Projects Worksheet and implement at least one the (1) Low Impact Development (LID)
Site Design Measures listed on the form. The Worksheet is available on the City’s
Stormwater Pollution Prevention webpage.
19. Prior to issuance of any grading or building permits, Owner / Applicant shall prepare an
Erosion Control Plan implementing the following:
•Construction site inspection and control to prevent construction site
discharges of pollutants into the storm drains per approved.
•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 site finishing) until the site is fully stabilized by landscaping
or the installation of permanent erosion control measures is complete.
20. 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. The
owner shall be required to timely correct all actual and potential discharges observed.
21. Prior to issuance of any grading or building permits, Owner / Applicant shall prepare a
Grading and Drainage Plan in conformance with the Approved Development Plans and
Approved Tentative Parcel Map, as modified per these conditions of approval. The
Grading and Drainage Plans shall clearly indicate and/or implement the following:
a. On-site stormwater retention and pollution control, in compliance with the Low
Impact Development (LID) Site Design Measures listed on the Small Project
Worksheet.
b. Show all drainage facilities, locations of downspouts and area drains, path and
direction of drainage swales and other surface or underground drainage feature
c. Maximum depth and volumes of cut and fill
d. All hardscape and landscape features (labeled and detailed as needed)
e. Detailed grading information, including but not limited to top and bottom of
retaining walls, pad and finish floor elevations, spot elevations and slope and
direction of flow, trenching locations, accurate tree canopy/dripline, and any
other necessary details
f. A breakdown of new and replaced impervious areas for NPDES requirements.
22. Prior to issuance of any grading or building permits, Owner / Applicant shall prepare a
Utility Plan showing utilities serving the residential structures. Show existing and
proposed mains/pipelines and all connection points (sewer, water, power, etc.). If utilities
are to remain, and will not be capped or replaced, please add a note to that effect on the
plans. All new/upgraded utilities shall be installed underground. Utility information may
170
be combined with Grading and Drainage plan in a clear and legible manner.
23. Applicant / Owner shall secure all necessary permits from the City and any other public
agency, including utility providers, prior to commencement of construction. Copies of
permits other than those issued by the City shall be provided to the City Engineer.
24. Applicant / Owner shall comply with all conditions regarding on-site or off-site
improvements as may be requested by other Agencies or Utility Companies having
jurisdiction over the Project site. Prior to issuance of City permits, the applicant must
present evidence of permit approval by any such agencies, as required for any activities
within jurisdictional areas of said agencies.
25. Applicant / Owner shall provide two hard copies and an electronic copy of a Preliminary
Title Report, dated within 90 days, to the City Engineer. The electronic copy shall include
hyperlinks to all listed encumbrances.
26. 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.
Be advised that the City right-of-way typically extends 7-10 feet from the edge of the
paved public roadway and an encroachment permit is required regardless of whether or
not curbs/gutters/sidewalk exist. City Municipal Code Article 10-20.
27. Existing driveway is to remain. Any driveway construction (including replacement with no
change to the footprint) will require an encroachment permit and Public Works review where
changes to driveway layout may be required.
28. Damages to driveway approach, curb and gutter, public streets, or other public
improvements during construction shall be repaired prior to final inspection.
29. All new/upgraded utilities shall be installed underground.
30. 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.
31. 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).
32. All building and construction related activities shall adhere to New Development and
Construction – Best Management Practices as adopted by the City for the purpose of
preventing storm water pollution:
171
• Owner shall implement construction site inspection and control to prevent
construction site discharges of pollutants into the storm drains per approved Erosion
Control Plan.
• 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 the installation of permanent erosion control measures.
• 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. The owner shall be required to timely correct all actual and potential
discharges observed.
33. Prior to foundation inspection by the City, the LLS of record shall provide a written
certification that all building setbacks are per the approved plans.
34. Prior to the Building final, all Public Works conditions shall be completed per approved
plans.
BUILDING DEPARTMENT SUBMITTAL
35. 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 November 3, 2024.
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.
172
DESIGN REVIEW FINDINGS
14833 Andrew Ct
PDR24-0008 / ARB24-0094
(397-32-009)
The findings required for issuance of Design Review approval pursuant to City Code Section 15-
45.080 are set forth below.
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 new residence will be expanded from the
existing house which will minimize the grading that would be necessary to create a building
pad. The project will not make significant changes to the existing natural elevations. The
development is appropriate to the site’s natural constraints with single family homes around
it.
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 no protected trees are proposed for
removal. Tree protection fencing is required to be installed prior to the issuance of building
permits and shall remain in place for project duration.
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 proposed residence is
consistent with surrounding properties. The building setbacks and structure height comply
with those required for the R-1-40,000 zoning district. The second story is minor and there is
existing vegetation for screening from neighboring properties. The site is mostly flat and no
community view sheds are 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 proposed residence complies with the maximum height limitation of 26 feet
allowable for residential structures; the building has varying architectural forms and exterior
materials to break up the appearance of mass, the building setbacks comply with those
required for the R-1-40,000 zoning district.
`
e.The landscape design minimizes hardscape in the front setback area and contains elements
that are complementary to the neighborhood streetscape.
This finding may be made in the affirmative in that the project includes a condition of
approval that front yard landscaping is to be installed prior to the building department final
inspection. Staff will ensure that this landscaping is complimentary to the neighborhood and
streetscape. The City Code requires that at least 50% of the front setback area be landscaped.
173
f.Development of the site does not unreasonably impair the ability of adjoining properties to
utilize solar energy.
This finding may be made in the affirmative in that the home is similar in mass with the
homes in the neighborhood and will not cast shadows on the adjacent properties which could
impair the adjacent property owner’s opportunity to utilize solar energy.
g.The design of the structure and the site development plan is consistent with the Residential
Design Handbook, pursuant to Section 15-45.055.
This finding may be made in the affirmative in that the proposed project conforms to the
applicable design policies and techniques in the Residential Design Handbook in terms of
compatible bulk and avoiding unreasonable interference with privacy and views as detailed
in the findings above.
h.On hillside lots, the location and the design of the structure avoid unreasonable impacts to
ridgelines, significant hillside features, community viewsheds, and is in compliance
with Section 15-13.100.
This finding is not applicable to the project as the site is not considered a hillside lot as the
average slope is less than 10% nor will it affect any significant hillside feature or community
viewshed.
a.
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Community Development Department
13777 Fruitvale Avenue
Saratoga, CA 95070
www.saratoga.ca.us/171/trees
408.868.1276
CITY OF SARATOGA ARBORIST APPROVAL
Conditions of Approval and Tree Protection Plan
Prepared by Christina Fusco, City Arborist Application No.ARB24-0091
Phone: (408) 868-1276 Address:14833 Andrew Court
Email: cfusco@saratoga.ca.us Owner: Suneeta Chandrasakaran
APN:397-32-009
Date: December 3, 2024
PROJECT SCOPE:
The applicant has submitted plans to add a first and second story addition to the home.
No trees are requested for removal to construct the project.
PROJECT DATA IN BRIEF:
Tree security deposit – Required - $12,135
Tree protection – Required – See Conditions of Approval and attached
map.
Tree removals –
No trees protected by Saratoga municipal code are
requested or approved for removal to construct the
project.
Replacement trees – Not Required
ATTACHMENTS:
1 – Findings and Tree Information
2 – Conditions of Approval
3 – Map Showing Tree Protection
1 of 9 175
14833 Andrew Court 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.
No trees protected by Saratoga municipal code are requested or approved for removal to
construct the project.
New Construction
Based on the information provided, and as conditioned, this project complies with the
requirements for the setback of new construction from existing trees under Section 15-
50.120 of the City Code.
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 tree information and recommendations from the submitted arborist report dated
November 3, 2024;
2) The Project Data in Brief, the Conditions of Approval, and the map showing tree
protection from this report dated December 3, 2024.
TREE INFORMATION:
Project Arborist: Kurt Fouts
Date of Report: November 3, 2024
Number of protected trees inventoried: 3
Number of protected trees requested for removal: 0
A table summarizing information about each tree is below.
Table 2: Tree information from submitted arborist report dated November 3, 2024
Table 2: Tree information from submitted arborist report dated November 3, 2024
2 of 9 176
Tree #Species
Trunk
Diameter
@ 54
inches
a.g.
Protected
Tree
Crown
Height &
Spread
(diameter)
Health
Rating
Structural
Rating
Suitability for
Preservation
(Based Upon
Condition)
Tree
Protection
Zone (in
radius feet)
Construction
Impacts
(Rating &
Description)
Tree
Disposition
Code
Comments
T1 white birch
(Betula pendula )6", 4"No 20'X10'Fair Fair Fair 10'6",4"R.T.Tip dieback. Water requirement not being
met.
T2 white birch 7"No 20'X10'Fair Fair Fair 10'Low R.T.Tip dieback. Water requirement not being
met.
T3 white birch 8"No 25'X10'Fair Fair Fair 10'Low R.T.Tip dieback. Water requirement not being
met.
T4
Hollywood juniper
(Juniperus chinensis
'Torulosa')
9"No 15'X10'Fair Fair Fair 10'Low R.T.30 degree trunk lean.
Page 1 of 3 11/3/2024
Poor: Trees in poor health and/or with poor structure that cannot be
effectively abated with treatment
14833 Andrew Court, Saratoga
Tree Assessment Chart - Appendix A
Suitability for Preservation Ratings: Retention or Removal Code:
Good: Trees in good health and structural condition with
potential for longevity on the site
RT: Retain Tree
RI: Remove Due to Construction Impacts
Fair: Trees in fair health and/or with structural defects that may
be reduced with treatment procedures
I.M. Impacts Can Be Mitigated With Pre-Construction Treatments
R.C. Remove Due to Condition
Protected Tree City of Saratoga
Any tree 10 inches or greater trunk diameter measured at 4.5 feet above
grade. Select natives protected at 6 inches.
Table 2: Tree information from submitted arborist report dated November 3, 2024Table 2: Tree information from submitted arborist report dated November 3, 2024Table 2: Tree information from submitted arborist report dated November 3, 2024
Table 2: Tree information from submitted arborist report dated November 3, 2024
3 of 9
177
Tree #Species
Trunk
Diameter @
54 inches
a.g.
Protected
Tree
Crown
Height &
Spread
(diameter)
Health
Rating
Structural
Rating
Suitability for
Preservation
(Based Upon
Condition)
Tree
Protection
Zone (in
radius feet)
Construction
Impacts
(Rating &
Description)
Tree
Disposition
Code
Comments
T5
liquidambar
(Liquidambar
styraciflua )
18"
(estimated)Yes 50'X20'Fair Fair Fair 15'Low R.T.On neighboring property.
T6 buckeye
(Aesculus spp .)7",6"Yes 25'X20'Fair Fair Fair 15'
Low -
Moderate
(Root loss-
excavation)
R.T., I.M.
T7 Canary Island pine
(Pinus spp .)35"Yes 70'X20'Fair Good Fair 15'
Moderate
(Root loss-
excavation)
R.T., I.M.On neighboring property.
T8
pittosporum
(Pittosporum
undulatum )
6" (average)No 20'x10'
(average)Fair Fair Fair 10'Low R.T.Hedgerow of pittosporum with trunk
diameters from 4" - 8".
T9 cedar
(Cedrus spp .)5"No 25'x10'Good Good Good 10'Low R.T.
Page 2 of 3 11/3/2024
14833 Andrew Court, Saratoga
Tree Assessment Chart - Appendix A
Table 2: Tree information from submitted arborist report dated November 3, 2024
4 of 9
178
Tree Assessment Chart - Appendix A
Tree #Species
Trunk
Diameter
@ 4.5'
Protected
Tree
Crown
Height &
Spread
(diameter)
Health
Rating
Structural
Rating
Suitability for
Preservation
(Based Upon
Condition)
Tree
Protection
Zone (in
radius feet)
Construction
Impacts (Rating
& Description)
Retention
or
Removal
Code
Comments
T10 cedar
(Cedrus spp .)3"No 20'X5'Good Good Good 10'Low R.T.
T11 pine
(Pinus spp .)5"No 20'X10'Fair Fair Fair 10'Low R.T.
T12 cedar
(Cedrus spp .)11"Yes 35'X15'Fair Fair Fair 15'Low R.T.
Page 3 of 3 11/3/2024
14833 Andrew Court, Saratoga
Table 2: Tree information from submitted arborist report dated November 3, 2024
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Appraised Value of Heritage Trees - Reproduction Method / Trunk Formula Technique
Tree #Species
Trunk
Diameter @
4.5'
Basic
Reproduction
Cost
Health X
Weighting
Structure X
Weighting
Form X
Weighting
Weighted
Average
Condition
Functional
Limitations
External
Limitations Appraised Value
T5 liquidambar
(Liquidambar styraciflua )
18"
(estimated)$19,568 75%X.33 65%X.33 80%X.34 73%70%100%$10,000
T6 buckeye
(Aesculus spp .)10"$3,670 60%X.33 60%X.33 80%X.34 67%90%100%$3,670
T7 Canary Island pine
(Pinus spp .)35"$21,035 60%X.33 80%X.33 85%X.34 74%65%100%$21,000
Total Value of Appraised Trees $34,670
14833 Andrew Court, Saratoga
Sheet 1 of 1 11/2/2024
Table 3: Appraisals for protected trees near construction from the submitted arborist report dated November 3, 2024
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14833 Andrew Court Attachment 2
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 their
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 tree information, protection recommendations, and map showing
tree protection from the arborist report by Kurt Fouts dated November 3, 2024
copied onto a plan sheet.
b) Shall include the Project Data in Brief and Conditions of Approval sections of the City
Arborist report dated December 3, 2024.
4) Tree Protection Security Deposit:
a) Is required per City Ordinance 15-50.080.
b) Shall be $12,135 for trees #5, 6, and 7.
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, 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 and shown on the Site Plan.
b) Shall be established prior to the arrival of construction equipment or materials on
site.
c) Shall be comprised of six-foot high chain link fencing mounted on 2-inch diameter
galvanized posts, driven into the ground and spaced no more than 10 feet apart.
d) Shall be posted with signs saying, “TREE PROTECTION FENCE - DO NOT MOVE OR
REMOVE WITHOUT APPROVAL FROM CITY ARBORIST, CHRISTINA FUSCO (408) 868-
1276”.
e) A letter/email shall be provided to the City from the project arborist confirming the
correct installation of the tree protection fencing once it has been installed, including
photos. This is required prior to obtaining building division permits.
f) Tree protection fencing shall remain undisturbed throughout the construction until
final inspection.
7 of 9 181
14833 Andrew Court Attachment 2
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.
7) Work inside fenced areas: Requires a field meeting and approval from City Arborist before
performing work and the Project Arborist on site to monitor work.
8) Project Arborist:
a) Shall be Kurt Fouts unless otherwise approved by the City Arborist.
b) Shall visit the site every two weeks during grading, trenching or digging activities and
every six weeks thereafter. A letter/email shall be provided to the City after each
inspection which documents the work performed around trees, includes photos of
the work in progress, and provides information on tree condition during
construction.
c) 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.
d) The Project Arborist shall be on site to monitor the excavation of the foundation near
trees #5-7.
e) The recommendations from the submitted arborist report dated November 3, 2024
are conditions of approval for the project.
9) Tree removal: No trees protected by Saratoga city code are requested or approved for
removal.
10)Damage to protected trees that will be retained: Should any protected tree be damaged
beyond repair:
a) New trees shall be required to replace the tree(s) equal to the assessed value of the
damaged/removed tree(s). 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
b) A payment shall be made to the City Tree Fund equal to the assessed value of the
damaged/removed trees.
11)Final inspection: 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. 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.
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.Tree Protection Plan14833 Andrew Court, SaratogaSheet T1of one sheetK.F.11/3/2024APN: 397-032-009..
.
....
.
..
...
T1 BIRCH
6",4"T2 BIRCH
7"T3 BIRCH
8"
T4 JUNIPER
9"
T5 LIQUIDAMBAR
18"
T6 BUCKEYE
7",6"
T7 PINE
35"
T9 CEDAR
5"
T10 CEDAR
3"
T11 PINE
5"
T12 CEDAR
11"
T8 PITTOSPORUM
6" (AVE.)------------------------
------>>>>>>>>>>>>Base map from Sheet 3, Site Plan, dated 10/1/2024,
by Michelle Miner
Additional tree protection information can be found in
Appendix G of arborist report dated 11/3/2024.
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$7+.&+0)':+56+0)$7+.&+0)$7+.&+0)#&&+6+10$7+.&+0)#&&+6+10206
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REPORT TO THE
PLANNING COMMISSION
Meeting Date: December 11, 2024
Application: Proposed Amendment to Chapter 15 (Zoning): ZOA24-0004
Address/APN: City Wide
Owner / Applicant: City of Saratoga
Report Prepared By: Kyle Rathbone, Associate Planner
STAFF RECOMMENDATION
Adopt Resolution No. 24-033 recommending the City Council adopt an ordinance amending Chapter 15
(Zoning Regulations) of the Saratoga City Code to implement programs of the 2023-2031 Housing Element.
PROJECT DESCRIPTION
The adopted 2023-2031 Housing Element contains Policy Programs with specific policies necessary to
address present and future housing needs and to meet the specific requirements of State Law. Zoning
amendments to implement the Housing Element were adopted on April 3, 2024; however, the current
incentive in the zoning code can be adjusted to better align with the below programs. The adjustment would
encourage the consolidation of lots less than 0.5 acres as was required by HCD to facilitate the development
of mixed-use and multifamily housing, particularly for affordable housing, within housing opportunity sites.
The proposed zoning amendments in the below table implement the following Housing Element Programs:
Program 1.2-3: Encourage and Facilitate Lot Consolidation; encourage the consolidation of small lots to
facilitate the development of mixed-use and multifamily developments.
Program 1.2-4: Lot Consolidation Program; implement a program to incentivize lot consolidation of small
parcels within housing opportunity sites.
Muni Code Section Issue/Proposed change HE Program source
15-80.0150: Lot
Consolidation
Include a policy to encourage the consolidation of
lots less than 0.5 acres by adding a stipulation that
one consolidated parcel be no greater than one-
half acre.
HE Program 1.2-4
ATTACHMENT
Resolution No. 24-033
208
RESOLUTION NO: 24-033
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
RECOMMENDING APPROVAL OF AMENDMENT TO
CHAPTER 15 OF THE SARATOGA CITY CODE TO IMPLEMENT 2023-2031
HOUSING ELEMENT PROGRAMS
APPLICATION ZOA24-0004
The City of Saratoga Planning Commission finds and determines as follows with respect to
the above-described application:
WHEREAS, State Housing Element Law (Government Code Sections 65580 et
seq.) requires that the City of Saratoga (the City) adopt a housing element for the eight-
year period 2023-2031 to accommodate the regional housing need allocation (RHNA) of
1,712 housing units assigned to the City by the Association of Bay Area Governments,
including 454 units affordable to very-low income households, 261 units affordable to
low-income households, 278 units affordable to moderate-income households, and 719
units affordable to above moderate-income households; and
WHEREAS, State Housing Element Law also requires that the City implement
programs to encourage and facilitate the consolidation of small lots to facilitate the
development of mixed-use and multifamily housing developments, particularly for
affordable housing; and
WHEREAS, on March 20, 2024, the City Council adopted the 2023-2031
Housing Element Update (Housing Element Update), which includes programs for lot
consolidation, and on April 3, 2024 adopted Ordinance 399, which amended the City’s
Zoning Code to include lot consolidation incentives, thereby implementing programs of
the Housing Element Update; and
WHEREAS, the proposed amendments to the Chapter 15 (Zoning Regulations)
of the Saratoga City Code are being proposed to implement Housing Element Programs
1.2-3 (Encourage and Facilitate Lot Consolidation) and 1.2-4 (Lot Consolidation
Program); and
WHEREAS, on December 11, 2024, the Planning Commission held a duly noticed
Public Hearing on the legislation described above at which time all interested parties were
given a full opportunity to be heard and to present evidence and argument. The Planning
Commission considered the amendments, staff report, correspondence, presentations from
the public, and all testimony and other evidence presented at the Public Hearing.
209
Resolution No. 24-033
2
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 City of Saratoga Planning Commission recommends that the City
Council adopt an Ordinance to amend Chapter 15 (Zoning Regulations) of the Saratoga
Municipal Code to implement 2023-2031 Housing Element Programs as shown in
Exhibit A.
PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 11th
day of December 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Jonathan “Jojo” Choi
Chair, Planning Commission
Attachment:
Exhibit A – Proposed Zoning Code Amendments
210
1
Exhibit A
PLANNING COMMISSION RECOMMENDED AMENDMENTS TO SECTION
15-80.150 OF THE SARATOGA CITY CODE
The Planning Commission recommends that the Saratoga City Code be amended as set forth
below. Text to be added is indicated in bold double-underlined font (e.g., bold double-underlined)
and text to be deleted is indicated in strikeout font (e.g., strikeout). Text in standard font is readopted
by this ordinance. Text in italics (e.g., italics) is explanatory and not a part of the ordinance.
1. Lot Consolidation Incentives
15-80.150 Lot Consolidation
(a) Purpose and applicability. Incentives are intended to encourage the consolidation of lots
thirty thousand square feet or smaller into larger development sites to achieve the scale and
quality of development envisioned for the subject zoning districts. Incentives apply to
consolidation of lots as part of an application for mixed-use or multi-family development
in the M-U, P-A, C-N, C-V, and C-H zones, provided at least one of the consolidated lots
is less than one-half acre and that the resulting development site is larger than one-half
acre. Lot consolidation shall be processed pursuant to Article 14-65, Merger of Parcels.
(b) Incentives. Incentives for lot consolidation in the M-U, P-A, C-N, C-V, and C-H zones
are as follows:
Number of lots
consolidated
Incentive Options 1
Two or three lots combined into one • 10% more units allowed above the base density;
or
• 20% reduction in required parking
Four or more lots combined into one • 15% more units allowed above the base density;
or
• 20% reduction in required parking
1. Incentives are in addition to any concessions or waivers granted through State Density Bonus Law.
(c) Consolidation agreements. The City Council is authorized, in its discretion, to approve by
resolution agreements with project applicants providing different incentives on a case-by-
case basis, such as increased building height, vacation of alleys, reductions in processing fees,
in-lieu fees, or utility connection fees.
*** End of Amendments ***
211