[This transcript was generated automatically from audio using AI and hasn't been reviewed by a person -- it can contain mistakes, including plausible-sounding sentences that were never actually said. Treat it as a starting point, not a verbatim record.]

[4:30] I
[4:55] would like to now ask Cindy to explain the meeting process.
[5:02] Let's go into Saratoga City Council's remote public participation policy. Members of the public may participate in this meeting in person at the location listed on the agenda, or via remote attendance using the Zoom information listed on the agenda. Public attendees participating by Zoom are automatically muted and are not
[5:23] a viewable on camera.
[5:28] I will now call the roll. Commissioner Shearter-Ran.
[5:33] Hassan. Brownlee is absent. Zang.
[5:37] Present.
[5:38] Jamaran.
[5:38] Present.
[5:39] Vice Chair Lee.
[5:40] Present.
[5:41] Chair Couser.
[5:42] Present and just for the record, Commissioner Brownlee has an excused absence.
[5:56] Now moving on to the approval of minutes, which is the first item on the agenda.
[6:02] Can I please have a motion or any or if there's any additions or corrections to the minutes?
[6:08] I'll move to accept the minutes as presented.
[6:12] I second the motion.
[6:12] Okay.
[6:13] Moved and seconded.
[6:15] Can we please have the roll call vote?
[6:16] All in favour?
[6:17] Aye.
[6:18] Any opposed?
[6:20] Motion passes.
[6:45] Moving on, oral communications on non-agendized items.
[6:49] Any member of the public will be allowed to address the planning commission for up to three
[6:54] minutes on matters not on this agenda. The law generally prohibits the planning commission
[6:59] from discussing or taking action on such items. However, the planning commission makes
[7:04] an instruct staff accordingly regarding oral communications. At this point, I would like
[7:10] to open public comments on non-agendized items. Staff can you please explain the process
[7:17] us and announce the open-up code speaker.
[7:24] Thank you, Chair Couser.
[7:26] Now is the time for anyone using Zoom to raise their hand
[7:32] using the app. If you are in the theater, you can complete
[7:36] a speaker card which is located in the box at the foot of the stage.
[7:41] I have one hand raised online.
[7:46] Again, these are four items that are not on the agenda if you'd like to speak.
[7:53] Chris, Shen,
[7:57] again, these are, you can speak if this is on something that's not having to do with an agenda ised item.
[8:05] Oh, my apologies. I was planning, as I was able to speak on, on an item that is on the agenda, so my mistake.
[8:11] Okay, we'll have another period for you to speak at that time.
[8:17] No other hands raised?
[8:19] Chair?
[8:19] Councillor.
[8:20] Thank you, Francis.
[8:21] And there's no one in the audience, either, for non-agentised items.
[8:25] This moves us to public hearings.
[8:28] Item number 2.1.
[8:30] And before we go there, just would like to remind everybody to the report on appeals rights.
[8:36] Any interested person objecting to the whole or any portion of the discussion, decision on
[8:41] On this agenda, may file an appeal application with the City Clerk within 15 calendar days of the date of the decision.
[8:48] The City Council conducts de novo review of appeals.
[8:53] Moving to public hearing, we have applicant 2.1.
[8:58] As there any, I would like to open this for public comments.
[9:02] Anyone on this agenda, wanting to speak online?
[9:11] No speakers online for this item, Chair Couser.
[9:16] And we do not see any speakers in the audience either.
[9:20] I have been told that's applicant would like to move this item, so Cindy, would you please explain that?
[9:31] What do we need, what do we need to do in order to move?
[9:35] So you would need to continue it to a date certain.
[9:39] Do we have a date, or we just say can, yes, it's the next planning commission meeting.
[9:43] Okay, I would like I need a motion to continue this item to the next planning commission meeting
[9:52] September 10
[9:54] Also move and need a second second
[9:58] Move and seconded you please have a roll call vote
[10:06] Commissioner sheet around
[10:09] Passong I
[10:11] Zing
[10:11] Jamar on all right Lee I chair calzer
[10:21] Now we're going to move on to item number 2.2 and at this time I would which is the application for 13845 Saratoga Avenue and we're going to start off with the staff report, Chris.
[10:39] Yes.
[10:41] Okay.
[10:41] Good evening.
[10:42] Good.
[10:42] I'm sure my screen.
[11:01] 1.6 acre project is located at 13845 Sheratog Avenue in the R-120,000 zoning district.
[11:12] The average slope of the site is 8.2%.
[11:16] The site is bounded to the north by single-family homes located on Brony Court to the east by
[11:24] by Saratoga Avenue, to the south by single family home
[11:27] was located on Moran Lane, and to the west by Saratoga Creek.
[11:33] There are five existing residential structures on the site.
[11:38] City records do not contain building permits
[11:40] who document the age of these structures.
[11:44] The structures are not listed on the city's heritage resource inventory.
[11:48] All existing structures and site improvements will be removed.
[11:52] The site contains a total of 121 protected trees.
[11:58] The project was submitted pursuant to the Builders' Remedy provisions of the Housing Accountability Act.
[12:06] A stated purpose of the Housing Accountability Act is to significantly increase the approval and
[12:13] construction of new housing for all economic segments of California communities by
[12:18] By meanfully and effectively curbing the capability of local governments to deny, reduce the densely for, or render infeasible proposed housing development projects.
[12:33] Those remedy is a provision of the Housing and Accountability Act that is applicable to qualifying housing development projects when the preliminary application was submitted before Saratoga adopted this potentially compliant housing element.
[12:50] The applicants submitted our preliminary application for housing development project in January of 4th, 2024.
[12:58] After the state's deadline for housing and adoption, and before Saratoga adopted a compliant housing element.
[13:05] Additionally, the project is subject to the city code as it stood at the time of the preliminary application was received.
[13:14] Housing Accountability Act limits Saratoga's ability to deny or conditionally approve a qualifying housing development project.
[13:22] In addition, the Bill's Remedy Provision of Housing Accountability Act prohibits Saratoga from applying subjective standards to the project or
[13:32] relying on inconsistency, rezoning, and general plan standards as a basis for disapproving it.
[13:38] Housing Accountability Act maintains Saratoga's authority to enforce some objective standards.
[13:48] And policies by imposing the addition of approval, if the conditions are based on objective standards in effect at the time of the preliminary application was filed, and do not render the project infeasable or require reduction in the proposed density.
[14:04] Saratoga does not have authority to impose conditions based on subjective standards.
[14:09] The
[14:14] approach project was subdivided existing site into five lots, with each lot being accessible
[14:20] by a private street with connection to Saratoga Avenue.
[14:25] The lots were aimed to size from approximately 11,000 feet into 22,780 rows square feet.
[14:34] Each of the lots will be developed with a two-story, single-family residence with lots one
[14:39] Section 1 and 5 containing a detached ADU, which we de-vestricted as an affordable unit.
[14:46] Singer families' aligns and ADUs are permitted, uses an underlying zoning district, subject
[14:52] to the regulations contained in the City Code for Singer Family Residential Districts.
[14:57] These standards include regab-
[15:00] Annations requiring minimum lot sizes, the limit, the square footage of structures, which can be constructed on the site,
[15:07] lower all height, setbacks from a property lines, and limits on impervious site coverage.
[15:14] All their product is inconsistent with several development standards in the R1-20,000 district.
[15:21] The city may not disapprove the project based on the project's non-compliance with these development standards,
[15:28] pursuant to the builder's remedy provision of housing and accountability.
[15:35] The project arborists inventoryed a total of 21 protected trees on site.
[15:42] City arborists determined that 32 of the protected trees that are shown crossed out on the slide would conflict with the project and meet the city tree regulations allowing them to be removed and replaced.
[15:55] In placement trees are to be planted prior to fine inspection.
[15:59] The remaining existing trees on the site will be incorporated into the project landscaping.
[16:08] The project will contain three different residential unit types for the five parcels.
[16:14] These are the exterior elevations for building type A to be located on parcel one.
[16:20] The split level structure will be two stories, the overall height rocks between 25 feet.
[16:30] These are the first and second story floor plans for the type A structure.
[16:34] The proposed floor area is 4,511 square feet and will include four bedrooms living room,
[16:41] combined kitchen and dining room and a two car garage.
[16:44] is the exterior elevations for the type B structure located on both parcels 2 and 3.
[16:53] The structures will be two stories from overall height approximately 29 feet.
[17:01] These are the floor plans of type B structure,
[17:03] those floor areas of 4,656 square feet,
[17:08] include five bedrooms, the kitchen living room, and two car garage.
[17:15] These are the exterior elevations for the type C structure located on both parcels
[17:20] was four and five. The structures will be two stories over high to approximately 29 feet.
[17:28] These are the floor plans of the type C structure.
[17:30] Those floor plans will be 4,203 square feet, include five bedrooms, kitchen living room,
[17:36] and a three car garage.
[17:40] Both lots one and five will include a detached 498 square foot ADU.
[17:46] This ADU will be de-restricted so that it can only be rented as an affordable unit.
[17:51] High to the ADU will be 13.5 feet.
[17:57] The thing that panty homes and the ADUs will be feature contemporary architectural design.
[18:03] The exterior colors and materials for each of the five homes will include
[18:07] fair and huge stucco in both natural wood and colored ribwood sighting
[18:11] and gray color standing seam metal sighting.
[18:15] All five homes will have a dark gray colored standing seam metal roof.
[18:18] The ADU will be consistent in design with great covered stuck with sighting and a great
[18:25] covered standing seam metal roof.
[18:29] The landscape plan illustrates that the proposed landscaping will consist of existing trees
[18:34] as well as new trees including eight coast live-oaks and six western red boat trees, as well
[18:41] as flowering shrubs and ground covers.
[18:47] The city code provides that the planning commission should not approve any tentative map if the
[18:53] The commission makes any of these nine tentative map findings.
[18:56] The product is not consistent with findings one and two.
[19:00] However, on the bill, there's remedy provisions of the Housing and Accountability Act.
[19:05] Such a consistency may not be the basis for disapproving the tentative map.
[19:09] The proposed resolution, therefore, does not make this negative finding.
[19:14] The staff report includes evidence concerning each of these findings and
[19:18] that evidence supports approval of the tentative map.
[19:23] These are the design review findings that the Commission is to make to prove the project.
[19:29] The project is not consistent with finding C, D, and G.
[19:33] However, under the hap, Bill's Remedy Fission, Housing Accountability Act.
[19:37] Such a consistency may not be the basis for denying the design review for the project.
[19:42] Therefore, the proposed resolution recommends approval.
[19:47] Staff recommends that the Planning Commission adopt resolution number 25-012 to find the project
[19:54] To be categorically exempt from CEQA, pursue a jurisdiction 15332, this concludes my snappy port.
[20:01] Thank you.
[20:03] Thank you.
[20:04] Any questions for staff?
[20:07] Go ahead, Paul.
[20:09] Yeah, then three questions for clarification.
[20:12] First one, with respect to what the commission can do or not do.
[20:19] We could not make any rejection of approval
[20:23] or condition of approval based on the design handbook
[20:28] subjective standards.
[20:30] That's correct.
[20:31] This project is exemplary.
[20:33] Additionally, we can either disapprove or make a condition
[20:38] of approval based on the new objective standards
[20:43] that we applied because those standards were adopted
[20:46] after the date required by statute.
[20:49] That's right.
[20:50] When the project was submitted, the regulations in place of the time apply.
[20:56] Nothing out of that apply.
[20:58] And then the third question, we could make a condition of approval based upon health and safety considerations.
[21:10] That's correct.
[21:11] Thank you.
[21:14] Any other questions?
[21:19] Seeing none, I would like to invite the applicant and other representatives.
[21:24] We have 10, total of 10 minutes maximum for opening statements and all interested persons may appear and be heard during the meeting regarding the items on this agenda.
[21:35] So, the applicant, please come on.
[22:16] Yeah,
[22:24] it's like starting the Zoom call during COVID, it's been 12 minutes getting ready
[22:27] for it.
[22:29] Thanks for having me, my name is Michael Steele.
[22:32] I'm also part of Maldiora Ventures is my LLC, so you'll see Giora Ventures as the name and
[22:37] we set that up and we brought the place to do the work.
[22:41] I think I'm just a Chris that a really nice job of covering a lot of actually what I've
[22:46] already got in my presentation, so I'll try to skip through that and be as brief
[22:49] and to the point as possible so you can ask questions.
[22:52] And I'm just going to say first, thanks to Chris for the work you've done with us over the
[22:55] last three years in this project.
[22:57] It's been a lot of work and we appreciate your guidance and thanks to you also for hearing
[23:01] us out.
[23:06] There we go.
[23:13] So this is the project site.
[23:14] You've seen that on Chris' presentation, but I wanted to show it in perspective and I also wanted to show it for another special reason that is because
[23:22] We're not really your typical land improvement folks. We actually live next door when I left my company four years ago two weeks after
[23:31] The property next to us which has renters went up for sale
[23:36] My wife and I kind of joked about how it would be interesting if we could control what goes in there and we walked away
[23:42] And then the next thing, you know, we bought it, so we decided it would be a fun project.
[23:46] I didn't realize how much work it actually took to be a developer.
[23:50] So you can see I'm not really a developer, I just play one on TV and that's about that.
[23:55] So this is again another view of it.
[23:58] That's my home on the left corner where you see the pool bordering the land, so you can see
[24:04] the interest we had in making sure that what goes into this property is something that sort
[24:09] to preserve the nature of the neighborhood
[24:10] and it's good for everyone, including selfishly ourselves.
[24:15] But I think in the end, what we've come up with
[24:16] is something that the neighbors
[24:17] and the new owners will enjoy.
[24:22] Don't need to spend much time on this
[24:23] because you've already seen it.
[24:25] That's a simple slight plan.
[24:26] But I will just give a few highlights
[24:28] just to put this perspective.
[24:30] So our goal, again, was just to ensure
[24:32] that there was thoughtful development for the neighborhood.
[24:35] It's fairly straightforward.
[24:37] There are five structures there now.
[24:39] various ages. They're now being replaced with five new structures, plus two associated affordable
[24:47] ways to use. The lots are pretty good size. They're roughly between 11 and 22,000 square feet each,
[24:55] so roughly averaging 12,000 square feet if you look at neighboring properties in the entire area.
[25:00] They're mostly larger than almost any of the properties in the area.
[25:04] And again, our concerns also to preserve as much of the natural elements as possible. Some of the
[25:08] trees have to go away, but there are 121 trees back there, including some giant redwoods
[25:13] and oaks, and most of those are preserved. Again, it's in our best interest as a family
[25:17] living next door as well. At the same time, you've seen the location. It's on a major thoroughfare
[25:23] between 85 and downtown. What we're doing there, if you see what it looks like today, it's
[25:29] fine, but what's going to come out of this development is something that I think will make
[25:33] make a major aesthetic improvement to the overall curb appeal of the corridor.
[25:40] I know there are some specific features that maybe the commission is concerned about.
[25:45] Certainly some of the neighbors and our friends who live in the area have mentioned to me.
[25:48] I wanted to start with setbacks.
[25:51] What we've done here is improving the setbacks.
[25:53] What you see here in red are the existing structures.
[25:57] Many of those are right up against the fence next to neighbors on the Buroni side, which
[26:03] is opposite of where I live. What we've done is to do this development properly, we had
[26:08] to modify the road and where it actually exists and centralize the locations of the home
[26:13] so there's both space in front and behind so it's a pleasant place to live. And the
[26:17] result of that is to improve the setback location overall. Now in some cases, you'll see at
[26:24] the very corner back there, next to our friend's Claire and Chiu, I think they're concerned about
[26:30] the sight lines and the setbacks as well. The good story here is that part of that structure
[26:37] is a one-story building, so even though it is near the fence and similar location to the original
[26:43] structures, the one-story has a nice sight line that's blocked by both landscaping, existing trees
[26:49] which are not being removed there, and the fencing. Also, our neighbor's the nightings who live
[26:57] of in that little slot up on Saratoga Avenue,
[27:00] I can see how there could be some concerns
[27:02] for sight lines there as well,
[27:03] but again, there's one story that's close
[27:05] to the corner there, which will be low enough
[27:07] that there won't be much of a sight line issue.
[27:10] And also you'll notice, you may not see it from the picture,
[27:12] but that first home sits on a fairly noticeable grade
[27:16] downwards of the two stories sort of drops down a bit.
[27:20] So it's almost as if it's a single story
[27:21] from a sight line perspective.
[27:23] And again, there will be a significant landscape
[27:26] in this part of the process.
[27:30] And again, just along the lines of privacy,
[27:33] the entire property will be fenced
[27:36] with fairly standard fencing material,
[27:40] wooden fence, possibly dolly yang
[27:44] and her husband may at the front there
[27:45] may not necessarily want that fence
[27:47] and we're happy to work with them to figure out
[27:49] whether we just flow into their existing stucco wall
[27:52] or we build a fence along with it.
[27:56] And this is one more example.
[27:58] I think, again, privacy is a concern
[27:59] many people here. Not just our neighbors, but it's going to be a concern of the people who lived
[28:03] there. And so we have to pay attention from both sides. And what we've done, this is one sample
[28:08] which happens to be the entrance, lot one. And this is the actual colorized version of the landscaping
[28:14] that you'll see in the plan. And there's this significant set of landscaping on both sides to protect
[28:19] both neighbors who currently live there. And again, we've, this was done by Karen Aitken who has done a
[28:25] a lot of work in the area, and I'm pretty happy with the work she does.
[28:29] And again, we're also focusing on native California plants as much as possible.
[28:34] So that's what I have.
[28:36] I'd like to hand this over to Mark to talk a bit about the architecture,
[28:39] and then we'll open up for questions.
[28:50] Hi, I'm Mark Hogan with OpenScope Studio,
[28:52] we're the architect for the homes on Michael's team here.
[28:56] You can probably skip that.
[28:57] I just didn't solve it.
[29:00] And just very, very briefly, you know, there were no real design constraints that we wanted to try to do something sensitive here, kept the footprints similar to the footprints of many of the surrounding homes in the area.
[29:13] We do have two stories, but we use a low, low, slow, pipped roof. We're using quality materials. It's contemporary project, but not aggressively modern.
[29:22] tried to keep to different towns of Stecco,
[29:27] sighting, standing seed metal, with natural wood accents.
[29:31] You know, we're appropriate.
[29:33] Be happy to answer any questions you have.
[29:36] This is just one of the houses, but Chris's presentation went over the rest of the floor plans.
[29:41] As you can see, a couple of them have one-story portions.
[29:44] We tried to not put the two-story buildings right on the property line anywhere.
[29:49] Thank you.
[30:01] Hi, I have a couple of questions.
[30:05] Yeah, I think I'm seeing some neighbors here and I also have seen the neighbors reports and submitted to the commissioners and I'm curious. Have you have the neighbors and you have you all discussed about this project before? I so I've done two rounds of discussion.
[30:31] Well some of the neighbors are on my street, so we already know each other and we talk on a regular basis.
[30:37] Those on Boronia, I don't know as well, but I've made a couple of rounds and visits to them.
[30:42] There's one family that I've just not been able to find at home, so I've left notes at their house.
[30:48] But in general, yeah, I've spoken to everyone up and down, Boronia and everyone up and down, Moran.
[30:52] Awesome.
[30:53] So this has been at least met in person, and to see.
[30:57] Yeah, it's actually been good and it influenced some of our decision-making and how we present this.
[31:02] Okay, great.
[31:03] My next question is privacy concerns.
[31:07] I know it's the subjective standard.
[31:11] Like before the changes of the housing element or commissioners definitely consider
[31:19] all the second-storey houses will come here and for us to review and to protect the privacy.
[31:25] but since I mean since the housing element that was removed I mean it doesn't even come to
[31:32] commissioner I just want the audience to know but I think there's a mentioning about fences
[31:41] just to keep the neighbors between I mean protect both both sides of new new residents and
[31:48] these residents of new plan to put in fences yeah one of the slides I showed was showing the perimeter
[31:54] events. Of course it won't be in the front and it won't be on the creek side. But on both sides
[31:58] we're at borders and neighbors. Certainly fencing that says better or as good as or better than what's
[32:04] there today. So yeah, we're trying to take every privacy issue into consideration. Okay. Thank you.
[32:10] That's all. The question I have. Thank you. Any other questions, commissioners?
[32:15] No questions. Yeah, thank you chair. So basically my question is about privacy again. I think you have
[32:24] a couple of second story structure so you also mention in all the slides you
[32:32] have the you will do a lot of gardening right I think you're going to plant some
[32:36] of the the plants either trees or something but it's just no detail I cannot tell
[32:42] knows plant gardening tree or some kind of you know plants can help in
[32:51] and mitigate the privacy impact.
[32:56] So you see a reason, though.
[32:58] Are you saying that the landscaping plan,
[33:00] that's part of the overall plan,
[33:02] didn't have that detail?
[33:03] Yeah, you don't have to.
[33:04] I don't see any plans you're gonna actually do
[33:08] to mitigate the impact of the privacy.
[33:12] Oh, I see.
[33:13] And I'll have to go back and look at that.
[33:14] I think the detail is in the landscaping plan,
[33:16] but I can speak to that anyway.
[33:18] Okay.
[33:18] Especially since I live on one side of the property.
[33:21] We've already planted some plants there for that purpose.
[33:25] Things like photocarpis or a bit of spore in which are generally large,
[33:28] edge type of privacy plants that grow fast. These things typically
[33:31] grow in 2025, sometimes even 30 feet.
[33:34] Because we have the same kind of privacy issue because our bedroom was honestly in the second floor
[33:38] and we're looking out over there as well. So we're a two-story looking at a two-story.
[33:42] They don't want us looking at them, but I don't want them looking at me.
[33:45] The same thing on that side.
[33:46] So the plan for landscaping would be similar on the other side facing
[33:50] to have where it makes sense, hedge style sort of bushes that will grow into a reasonable height.
[33:57] I don't think you'd want to have the entire line with the same kind of plants,
[34:01] and I don't think that's what's in the landscaping plant.
[34:04] Yeah, but my understanding is like after you do the sub-attribution, you're going to have the new property line, right?
[34:08] You're between you and the other property and also among the other the new properties.
[34:13] Oh, you're talking about in-between the properties?
[34:15] Yes, I mean, yeah. So yeah, I did not show the fencing on that, but you're right. This life was not accurate in that way
[34:21] So there would be fencing between the properties as well
[34:24] And there should be landscaping plans that show
[34:27] Landscape in place for those donations
[34:31] Okay, thank you. Sure. Thank you commission about me
[34:36] I had a quick question. Are you mentioned privacy and I think we covered privacy of the neighbors?
[34:41] Yeah, but I also remember the first house is kind of lower. So what about the privacy of whoever's and eventually buys that home?
[34:50] How would that be affected?
[34:53] There is so you're talking about the first home, which is sort of at an angle correct and it's on the slope
[34:59] And you're asking about the privacy of that home
[35:01] I think you mentioned that that home is this is lower level than right or at least the property kind of goes down
[35:08] So if you, if you were to visit the property, you'll see that there, I mean, there are 121 trees there now of various shapes and sizes.
[35:16] So some of those trees will come into play to already create a privacy, not had to, but a privacy wall essentially a nature.
[35:25] There's fencing that'll be added there as well. And then if you look on the landscaping plan, there is actually landscaping that shows in between both the existing house on the corner on Saratoga Avenue and that first house.
[35:38] I don't know if it's in the comment here, but are the property dimensions properly demarcated?
[35:47] I think somebody seemed to have some concern about that, whether the property lines were
[35:53] correctly demarcated or something.
[35:56] I think I know the question you're talking about.
[35:59] Before you go further, I can address part of that.
[36:01] But if you're a citizen of Saratoga and you look at the builder's room to page with this
[36:07] plan, you'll see the initial drawing, which is almost more of an artistic rendition.
[36:13] If you actually, so there's some room for, I think, this conception.
[36:17] If you look at the actual plan, it does follow the actual surveyed property lines.
[36:21] So I think that might have been the issue because we did hear about that concern.
[36:25] I've spoken with the neighbor and I think we figured out that this is where we're going to change.
[36:29] Thank you. Thank you so much. Thank you. We will now be opening public comments and if anybody in the audience would like to speak please make sure you complete a card and give it to Chris and Francis if we have anyone online please recognize them first and then we'll go to the power. Everybody in the audience.
[36:50] Thank
[36:55] you, Chair, Councillor, we have our first speaker online, Chris Chen, please accept
[37:00] the prompt to speak.
[37:02] And I would just like to remind everyone you have three minutes to speak.
[37:06] Go ahead, Chris.
[37:08] Thank you.
[37:09] Good evening, members of the Charter of the Client Mission.
[37:12] My name is Chris Chen, and my property is located at 1995 to Moran, playing directly at
[37:18] to the lot being developed.
[37:22] So I think as stated, all these proposed homes
[37:26] are going to be two-story houses.
[37:29] I actually was not aware that if they were going to be two-story homes
[37:33] prior to receiving the notice of the hearing.
[37:37] The homes on Brussels 1, 2, 3, 4, all directly boarded my home on Moran Lane,
[37:44] which currently there is nothing along that property border, and unfortunately it's a fact that all four homes have rear yard setbacks that are significantly less than
[37:58] Saratoga's current requirement of 35 feet for the first story and 45 feet for the second story.
[38:06] When I looked at the site map, it indicated the rear yard setback for parcel 1 was 41 feet,
[38:13] 80 inches for all stories.
[38:16] It was only 25 feet, 3 inches for all stories, and parcel 3 was only 38 feet, 11 inches
[38:24] for all stories, and parcel 4 was only 22 feet, 4 inches.
[38:29] My property on Moranland is a kind of long skinny lot, the distance between my home and
[38:34] the property boundaries as close as 13.5 feet in some instances.
[38:40] And why I appreciate
[38:42] that my father is saying that he's going to be putting a fence. The fact is the shorter
[38:49] setbacks for all four proposed houses combined with the fact that they are all going to be
[38:53] two stories will mean the residents in parcels one through four or you can look down into
[39:01] my patio area and as well as into the windows of my home, including some bedrooms.
[39:06] I think any resident would reasonably be concerned by this.
[39:12] So I would respect the request as you also consider additional mitigations,
[39:19] such as increasing the setbacks of the four proposed homes from the property line,
[39:25] especially for those second stories.
[39:26] I mean, you know, consider reducing the homes to single storage structures, and then as
[39:33] well as installing, in addition to the fancy tall landscaping along that entire property
[39:39] boundary between my home and the parcels one through four, thank you.
[39:46] Thank you.
[39:53] You have another speaker, Frances?
[39:56] No, there are no other hands raised online, Chair Kelser.
[40:00] Okay, thank you.
[40:01] Can I have the speaker cards for?
[40:05] Thank you.
[40:06] Our first speaker is Dick Kim.
[40:10] Could you please come up?
[40:26] DC Kim, please come.
[40:36] My name is DC Kim.
[40:38] I just basically live across the street from where you are.
[40:42] I really appreciate the presentation.
[40:45] It's really good.
[40:46] Just a few questions.
[40:48] If you could please speak into the mic.
[40:50] Yeah, just a few questions just this is real minor but on the agenda this said it says it reads
[40:58] Saratoga road but it should be avenue right just pointing that out one first thing is all the plans
[41:09] available for the public like especially the tentative map is that going to be once once at today's
[41:19] agenda. Is that is a tentative map going to be approved?
[41:24] I'm sorry. We cannot answer your questions. If you could please just make your statement.
[41:28] And then as a commission, we will try and get to the answers.
[41:32] We cannot have a discussion with you at this point. Thank you.
[41:34] Okay. As after this approval, then will the design be changed or could the tentative property lines
[41:46] change is my second question and the another question is the
[41:57] second story
[41:58] buildings. I know that the slope of the site goes down and will the second
[42:05] story's buildings be visible from the street?
[42:14] Basically that's it. Now the
[42:16] last question is, the actual design of the buildings, will that change during
[42:22] this process. I'm assuming you're going to get a building permit at the end. Will that
[42:28] change as time goes along? Thank you. Thank you.
[42:45] Next speaker is King Yang.
[42:58] Good evening.
[42:58] My name is Claire, and I live in Veroni courts, directly adjacent to House number five of
[43:04] the proposed project. So this is pretty new to us, because we moved there. We moved to
[43:12] Brownie Court in 2023, but we didn't learn about this project till this year, and we didn't
[43:19] learn about the details till we got the public hearing notice, and we studied the site plan
[43:24] and everything.
[43:26] But we did got a chance to talk to Michael yesterday in person, and that's the first time,
[43:32] and he did clarify some of our questions today.
[43:35] But I understand that this is a buta's remedy project, and this limits the city's zoning controls.
[43:45] I'm not here to oppose it, but I do want to ask the city to do what you can to ensure this project is buta safely and responsibly.
[43:55] and so I just learned that this house number 5 is like 29 feet tall and that is much taller than I thought.
[44:05] And because house number 5's garage is like 10 feet from the property line.
[44:14] And the house sits much closer to our house than others.
[44:18] So the upper story windows along the north side face directly to our yard and living area.
[44:26] So I think this raises privacy and livability concerns.
[44:31] So given the available space on the south side of the lot, number five.
[44:37] So I just wonder whether it's possible to push the garage and house back to the south a little bit maybe.
[44:44] because we have some space on the south and it's very close, like 10 feet from where we'll
[44:51] live. And also I want to request conditions to protect privacy, including one careful
[44:58] replacement of the windows.
[45:00] The second floor of the north side of the house, and also the toll landscaping screening. And
[45:08] also, I hope the city can make some conditions to limit the construction hours, does to control
[45:16] and measures to prevent drainage impacts because it's really close to where we live, and it's
[45:23] It's a top your long time of constructions.
[45:26] So even under Buddha's remedy, I think these safeguards are reasonable.
[45:31] And it should benefit both the new residents and the existing community.
[45:35] Thank you.
[45:36] Thank you.
[45:38] Next speaker is Ling Zalb.
[45:49] Good evening Chair and Commissioners.
[45:51] My name is Ling.
[45:52] I live at 1931 Barron, New Court, directly behind the proposed development.
[45:59] that address. I'm here today because I'm very concerned about the impact those new five two-story homes approximately about 30 feet.
[46:13] Can you speak closer to me? Okay. Thank you. I'm here today because I'm very concerned about the new buildings which is like everyone is about 30 feet tall and it will affect our family's privacy.
[46:27] The proposed site is already a higher elevation than our property with this elevation difference.
[46:37] The second story when those will directly overlook my backyard and into my home.
[46:43] If creating further raises the building path, the problem will be even worse.
[46:49] From my perspective, this is not just a visual change to neighborhood.
[46:53] is a year-round loss of privacy.
[46:57] And I respectfully request the commissioner
[47:00] consider the privacy mitigation matters,
[47:03] such as like the taller fence,
[47:06] at least like eight feet instead of the six feet,
[47:11] and also evergreen landscapeing
[47:12] or dense trees to block sidelines the other year-round.
[47:17] And also adjusting the building placement
[47:20] And our window designs to reduce direct views
[47:23] into my property.
[47:25] A wide array gridding that may raise the home higher
[47:30] than the current proposed pet elevation.
[47:33] So here I appreciate your time and consideration
[47:36] in ensuring that the new development respects
[47:39] the privacy of existing neighbors.
[47:41] Thank you.
[47:42] And I draw a little bit explanation of the situation.
[47:47] So my house is here.
[47:48] you can see the elevation is really low, lower than the blind site, and with those two story buildings,
[47:57] they are definitely, they can look over my house and the backyard.
[48:02] So that's my main concern.
[48:04] Thank you, everyone.
[48:05] Thank you.
[48:10] Next speaker is Julie St. Gregory?
[48:50] Yes, I think I got it, Mother, thank you.
[48:53] Hi, everyone.
[48:54] And my name is Julie St. Gregory, and I live on Baroni Court.
[49:00] And I would just like to say, first of all, just a statement.
[49:06] I really, well, I would like to know when,
[49:11] how, if this date can still put builders remedies on other properties in Saratoga.
[49:22] The reason is because I mean Saratoga says on your own website is a city of trees and
[49:30] you have to take that down pretty soon if you keep eliminating all these beautiful trees.
[49:36] Yes, I understand you replace them with small little trees that will decades and decades later
[49:42] grow into the same tree that people are seeing.
[49:45] the property of Michael some of those trees are so immense and so beautiful they shade all they shade the streets of
[49:57] Baroni so if you're chopping I would like to know what trees are being chopped down because some of those
[50:04] trees like I say they're so big that and outward that they put shade on our
[50:10] court and I just I just think it's really a shame that you guys didn't get your
[50:17] housing plan on time and now this is a result of that where lots and lots of
[50:24] trees are going to be taken down and I mean 32 trees for a small acre like that
[50:33] is we'll make a difference.
[50:36] I mean, I know we say we're gonna plant these little trees
[50:38] in one day, when we're all dead,
[50:42] they'll be as big as they are now.
[50:44] So I just wanted to express my displeasure
[50:50] at what is happening to the beautiful city that we have
[50:54] and all these gorgeous trees that are homes
[50:58] for the birds and all the animals
[51:00] that are being taken away and that's it. Thank you. Thank you.
[51:14] Our next speaker is
[51:15] Dolly Young.
[51:30] Ladies and gentlemen, my name is Dolly Young. I live in the 1-3-A-3-7,
[51:36] which is right next to this project. And my concern, of course, is for the privacy
[51:43] and safety because you know the street is going down like this, some of my
[51:49] backyard is covered by the tree. So I was wondering if you take off all the
[51:54] trees, that means my house will be totally open because the landscaping, the
[51:59] bushes are very short, very low and you know I don't know just the
[52:04] private street, it's not a city street. So if sometimes you have a big car like a
[52:09] Park very close to my property.
[52:12] They can stand up to see my whole house back here.
[52:15] And I don't feel very safety.
[52:18] So this is my concern.
[52:20] So I really would like to have commissioner to ask
[52:25] your request to have an applicant
[52:27] install a complete landscaping between my wall
[52:32] and the new street.
[52:34] And then there's definitely, I don't want to have any car
[52:37] park very close to my property. I'm pretty sure the project will make the
[52:43] city look very pretty, but you know safety and privacy is my concern. Please
[52:49] accept that. Thank you. Thank you.
[52:56] I do not have any more speaker
[52:58] cards. If there's anyone else who wants to speak in the audience, please let us
[53:02] know now.
[53:04] Seeing none and France is just one more time. Is there anyone else
[53:08] online.
[53:12] Thank you. At this time we close the public hearing and I would like to
[53:16] invite the applicant back and you have five minutes for closing statement.
[53:24] Okay, thank you. And thanks to everybody who had comments, I can appreciate everyone's
[53:27] perspective. I was actually pretty aware of what some of these concerns would be and I hope
[53:32] to have dressed those in the presentation. Again, I think one thing to keep in consideration
[53:38] is I live there too.
[53:40] So I really care about what goes in there.
[53:43] We like the trees, we like the birds.
[53:46] I don't like the squirrels as much.
[53:49] But we have no intention of ripping down trees unnecessarily.
[53:53] In fact, the entire perimeter is not being destroyed.
[53:57] There are a few larger trees that are coming down
[53:59] out of the 121 that are there.
[54:01] I think 30 are coming down.
[54:02] So you still have 1.6 acres full of 90 trees,
[54:05] which is a lot, it's a lot of trees, and we're pretty happy about that.
[54:11] At the same time, I'd also like to say that we're very willing to work with all the neighbors on their concerns as we go through this process and continue moving towards building.
[54:21] So happy to discuss further what we can do.
[54:26] If there's any other questions you have for me, I'm also more than willing to answer.
[54:31] Thank you.
[54:34] Thank you.
[54:34] do you
[54:38] have other questions for the applicant. Can we ask questions?
[54:50] We just have a couple
[54:51] questions for you. Go ahead.
[54:58] Sorry about that. One question was there was a reference
[55:03] made by one of the people speaking that they hadn't seen the landscaping plan in
[55:08] You know, is that been available to the app or to the neighbors if you shared the landscaping
[55:14] plan and where the trees are coming out and that kind of stuff?
[55:17] Yeah, so that's, it's been available if you search for it, so I can understand why if I
[55:23] didn't stop by the house and show them you wouldn't find it.
[55:25] Because before I was involved in doing this work, I wouldn't have looked for it either.
[55:30] I think you're talking about the neighbor on Boronis concerned about the sidelines which
[55:34] I understand.
[55:35] And I knew the previous neighbor, and I had spent time on Barone's canvassing that area about a year and a half ago, and a couple of new people have moved in.
[55:44] And I guess I should have, but I didn't go back over and talk to them several months ago.
[55:49] I didn't make a canvas through two weeks ago on a Sunday, and nobody was home, and then I went back yesterday, and I left that figure neighbor a note, and I'm happy to speak with her further about her concerns.
[56:00] I also heard from some of the-
[56:04] Before we go to the next question, I think staff would like to clarify something that was just said about the landscape plans.
[56:12] Thank you.
[56:13] So the plans are copyrighted by state law.
[56:18] The applicant can release the plans to the public.
[56:22] The public can come in and look at the plans in person.
[56:26] So I don't know if you want to speak to that, Mr. Still.
[56:31] Oh, so you're speaking of the fact that I said the plans were available, but they're not quite as easily accessible, as I said, that's just because they're not available online.
[56:40] So if the public wants to see, they can come to this office to see them.
[56:44] Right. I understand. Thank you. Go ahead, Commissioner.
[56:50] Okay. So in that, that will stand, you're not going to make them available online.
[56:55] I don't think you can because of state law.
[56:57] Oh, okay. I don't I don't think so. He can release it. The applicant can release the plans to the public.
[57:05] Yeah.
[57:08] How do you want to speak to that Amanda or Matt?
[57:14] I'm glad to speak to any neighbor who wants to stop by and talk with me about any plan whatsoever,
[57:19] any landscaping, any fencing, any structures, any sight lines, anything that we've developed here in an attempt to what I think is do the right thing
[57:27] because there wasn't alternative if I was not the guy doing the work.
[57:30] Can I just clarify something with staff about the plans just so that we are all on the
[57:35] same page.
[57:36] The plans are available at the planning department to be seen by anybody without the
[57:45] applicants permission, but if they have to be posted online, then you need the applicants
[57:50] permission.
[57:51] Is that correct?
[57:52] So, in other words, they are available and the community can go to the planning department
[57:58] and request to see the plans in the office.
[58:03] Okay, I know, I guess.
[58:06] I'm sorry, we cannot take questions.
[58:08] We can ask her after the meeting.
[58:15] I'm sorry, but we have to stay on track.
[58:19] Thank you.
[58:20] Go ahead, Commissioner.
[58:25] There were a number of public comments that were,
[58:28] this is my word choice.
[58:30] Asking for customized fence heights
[58:32] That there's some sound like they want them higher and maybe different than what's on the on the drawings
[58:41] Would you like to speak to that?
[58:43] Honestly, I don't know for allowed to build higher fences based on city code
[58:47] But I'm not sure I can't speak to that. Yeah, I can speak to that. So the fence height by code is eight feet
[58:54] So it's six feet of solid fence and two feet of left. I believe the fence that he had mentioned is a six-foot fence, but it could be two feet taller
[59:02] Yeah, I don't know if I really specified or if we even specified in the plan.
[59:06] So again, you know, we're pretty flexible in doing whatever's necessary to keep the things private.
[59:12] I mean, keep in mind, again, I mean, I understand all the public comments for the people of neighbors,
[59:15] but there are people that are going to live there too.
[59:18] And they also don't want to look at the neighbors.
[59:20] So, you know, and those houses will not sell very well if the privacy is a big concern.
[59:25] So we're motivated on both sides.
[59:30] Any further questions?
[59:32] Anybody else have questions for the applicant before we...
[59:36] Thank you.
[59:37] At this point, we close the public hearing and bring it to the commission.
[59:41] The commission can discuss among themselves.
[59:44] If you have any additional questions of staff, we can ask them now.
[59:50] Yes, I have questions for staff.
[59:52] So, mainly, it's the privacy concern.
[59:55] So basically, I see all this new development.
[59:57] all the structures, there are two stories.
[1:00:00] And I think all of them are exceeding the maximum height. So, based on, remember, we had this
[1:00:08] new theoretical code for the subjective standard. Part of it is the, the, the
[1:00:24] new subjective standard, we're putting to our book, CityCoup, as today.
[1:00:31] Thank you for referring to the objective standards, that's the?
[1:00:34] Yes, yes.
[1:00:35] No, yes.
[1:00:35] Subjective standards.
[1:00:36] Right.
[1:00:37] The objective standard.
[1:00:38] I'm sorry, objective standard.
[1:00:40] Yeah.
[1:00:40] The objective standards include requirements for window glazings, windows that are, have 42 inches
[1:00:48] above the finish floor, windows that are, kind of, annual different directions.
[1:00:53] So I was looking at the plans and say that the windows don't comply with the objective standards.
[1:01:01] But I remember there is a setback requirement.
[1:01:05] If we have a second story building, so basically this setback between the public land to the second story,
[1:01:15] I think it would be longer if your heart is maxed the maximum.
[1:01:23] Right, but this project came in January last year.
[1:01:28] Okay, so basically you're seeing the remedy project.
[1:01:30] The previous remedy project is not subject to no standards.
[1:01:33] Well, those are the project when they submitted the plans.
[1:01:37] They were subject to the plan, the regulations that were in place at the time.
[1:01:42] So, the Jacker standard scheme after the fact, so the products are not needed to comply.
[1:01:49] So which of the state law thing that I don't recall, so if we have a various remedied
[1:01:58] project, you can actually apply the Honours of Rules, you know, Honours of City Code.
[1:02:03] You can ask for different regulations in the City Code, include that's correct.
[1:02:11] Thank you.
[1:02:13] other questions? Go ahead, Bing. Yes. I think one of the residents has some
[1:02:21] questions that ask that we cannot answer on the spot. Can we answer it now? Yes,
[1:02:28] okay. I think I think I missed one probably. So one of the questions is can the
[1:02:34] property line change during the process from now? Once it's approved. Once it's
[1:02:41] I would say no,
[1:02:45] the attention to the map is approved with the way it is.
[1:02:50] And then another one is can design change and we've got presented to everything.
[1:02:58] I would say not major, there's always some minor tweaks when projects go through building
[1:03:06] the department in small tweaks, but they're always very small.
[1:03:10] So I would say no, no large changes to design.
[1:03:13] any
[1:03:16] other. I think there's one. I think he was taking some notes too.
[1:03:24] I think I
[1:03:24] might miss the first one.
[1:03:27] So there was some questions about construction hours
[1:03:30] and drainage. So drainage is covered in condition of approval number 8 and the
[1:03:36] construction hours and the construction management plan are covered in
[1:03:39] conditions number 11 and 12.
[1:03:46] Thank you. Any other questions? Go ahead, say.
[1:03:52] What's the
[1:03:53] for all these houses to be built.
[1:03:55] I'd probably bear the question for the applicant.
[1:03:58] I don't know what is time minus.
[1:04:02] Okay, thank you.
[1:04:04] Any other questions?
[1:04:05] Yes, I have a question.
[1:04:07] So the alternative map approval tonight,
[1:04:12] you call them conditionally,
[1:04:15] is because they are not compliant with all the non-funding
[1:04:18] so we have here.
[1:04:20] Is that correct?
[1:04:22] Because because I read all the nine findings for the subdivision, so it looks to me all these nine findings that we cannot make the findings, right?
[1:04:32] Okay, wait.
[1:04:33] These are negative findings.
[1:04:35] Yeah.
[1:04:35] And so the commission kind of odd in a way.
[1:04:41] So if the commission can make a finding, then you can't approve because you're supposed to not make that finding.
[1:04:48] but in two of the findings, you can make that fine because it builds remedy project, you can't know and enforce it.
[1:04:57] So what does that mean by making the connecting findings? I don't understand. So basically, they are not compliant.
[1:05:04] If you use the city's code, they cannot make the findings, but because it is the connecting findings, the way...
[1:05:14] The bill is remedied because I know, I know, I know, yeah, it's a bit of remedied.
[1:05:18] So we're going to look at a
[1:05:25] crest, you're going to explain it a little bit?
[1:05:27] In terms of the negative findings, so I will go to the map findings, for example.
[1:05:37] So number one says that the proposed map is not consistent with the general plan,
[1:05:44] and the applicable specific plans.
[1:05:46] So typically for a project it is consistent with those so you can't make that
[1:05:56] finding, right? So if you can make that finding, then that's a finding of you
[1:06:02] don't want to be able to make. You shouldn't even make those findings because the
[1:06:07] project is not it is for most projects it is consistent general plan and
[1:06:14] So, in this case, that finding is true, okay, but because it builds remedy project, it kind of we can't make it.
[1:06:25] Does that make sense?
[1:06:26] Yes, so you're going to approve it anyway.
[1:06:28] Correct.
[1:06:29] That's why you call it the conditional approval.
[1:06:32] Is that correct?
[1:06:33] Well, conditional approval because it has conditions, like you need to get a building permit, for example.
[1:06:39] Those are conditions.
[1:06:41] And I think it also has to go to the City Council for the final map approval.
[1:06:45] So we recommend to the City Council and then the City Council makes the final approval.
[1:06:50] Okay.
[1:06:51] It's my understanding when you're doing a land division, correct?
[1:06:55] That's true.
[1:06:57] That's true.
[1:06:58] The final map stage for the tentative map, your approval is the approval unless it is appealed.
[1:07:06] The final map is a future staff months years from now and that goes through the process that you just laid out recommendation and then Council approval.
[1:07:17] Okay, thank you. Go ahead Paul.
[1:07:22] Yeah, then given where we are, I'll say that I'd like to affirm concurrence with the staff findings that this project does not meet the
[1:07:34] the design standards, and the objective standards.
[1:07:41] That is true that we agree with you that those things are not met.
[1:07:47] But given the fact that it's under a builder's remedy thing,
[1:07:50] I'm going to make a motion that we approve the staff report that's written,
[1:07:57] improve the project.
[1:07:59] Do we have a second?
[1:08:00] Yeah, I second, given that our, the owner of, or the builders is willing to work with
[1:08:13] neighborhood, the neighbors, to help, we build taller fences, or we set up more landscape
[1:08:27] to help the neighbors, and I do see his willing to work with the neighbors, so I'm going to second.
[1:08:37] Oh, I think he's seconding the volume, so we're going to take yours as a comment.
[1:08:41] So now we have a motion, is there any discussion on this, or if not, then we can do a roll call vote.
[1:08:51] Commissioner
[1:08:56] Chiron.
[1:08:57] Hi.
[1:08:57] Assam.
[1:08:59] Zayn.
[1:08:59] No.
[1:09:00] Jamarab.
[1:09:01] We welcome.
[1:09:02] We aye.
[1:09:03] Vice-Chair Lee.
[1:09:04] Aye.
[1:09:05] Chair Councillor.
[1:09:06] Yes.
[1:09:07] Motion passes.
[1:09:09] Five.
[1:09:10] Zero.
[1:09:11] One.
[1:09:12] Five.
[1:09:12] One.
[1:09:13] Zero.
[1:09:19] Thank you.
[1:09:19] Moving
[1:09:22] on to the next item.
[1:09:26] Director's items.
[1:09:27] Do we have any reports on that?
[1:09:29] Well,
[1:09:37] good evening.
[1:09:37] Plain commission needed a great job.
[1:09:40] Very difficult project.
[1:09:41] So thank you for your professionalism.
[1:09:43] Like to thank Cindy Gabe and Chris.
[1:09:46] Excellent job tonight.
[1:09:48] Chris, you've been dealing with builders remedy for two years,
[1:09:52] over two years now.
[1:09:53] And so this is the first one.
[1:09:54] So thank you very much for your leadership.
[1:09:56] And Cindy, thanks for jumping in.
[1:09:59] So I would like to share that next Thursday,
[1:10:03] today, the 21st, at the Saratoga Fire Station, we'll have a woo-ee community meeting.
[1:10:10] So, woo-ee is the wild land-urban interface and so the council recently adopted the state
[1:10:16] fire maps and so, our next discussion with the community is just a second.
[1:10:23] Oh, yes.
[1:10:23] But if we don't mind, could you please always speak outside so we can continue having
[1:10:28] a meeting?
[1:10:28] Thank you.
[1:10:29] Thank you.
[1:10:30] So the wooing meeting is really a local discussion, it's our boundaries, and so it'll take place Thursday, August 21st from 6 to 8 PM at the Saratoga Fire Station.
[1:10:43] And it's essentially just an opportunity for you to talk and give us your opinions and what you'd like to see on the map and it'll be a couple of rounds with the City Council to once it gets to them for further discussion.
[1:10:56] So if you'd like to attend, please come.
[1:10:59] Thank you very much.
[1:11:01] Thank you, Brian.
[1:11:02] Do we have any commissioners items?
[1:11:06] I just like to welcome everybody back.
[1:11:08] We had a summer break and I think we do have a meeting in September.
[1:11:13] So I'm looking forward to seeing you all
[1:11:16] then after Labor Day.
[1:11:18] And can we call for a gentleman then?