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HomeMy WebLinkAboutCity Council Resolution 02-096 approve Design Review 18360 Purdue DriveRESOLUTION No. 02-096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA OVERTURNING THE PLANNING CONIMISSION DENIAL AND APPROVING DESIGN REVIEW APPLICATION DR-O1-044 Mariam & Siamak Azizi; 18360 Purdue Drive WHEREAS, pursuant to the Zoning Ordinance of the City of Saratoga an application was made for Design Review approval to construct first and second-story additions to an existing one-story residence at 18360 Purdue Drive; and WHEREAS, following consideration the Design Review application at a public hearing, the Planning Commission of the City of Saratoga denied approval on November 13, 2002 by Resolution No. 02-053; and WHEREAS, the Planning Commission decision was timely appealed by the applicant in accordance with the Saratoga City Code; and WHEREAS, the City Council noticed and conducted a de novo public hearing on the matter at which time any person interested in the matter was given the full opportunity to be heazd and to present evidence on December 4, 2002; and WHEREAS, the City Council reviewed and considered the staff report, minutes of proceedings conducted by the Planning Commission relating to the application, and all written and oral evidence presented to the City Council in support of and in opposition to the application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga, as follows: Section 1. Based on the application, the conditions imposed by this approval, and the evidence presented at the hearing, the applicant has met the burden of proof required to support said application, the Planning Commission denial of design review approval is overturned, and the following Design Review findings pursuant to Section 15-45 of the Municipal Code have been determined: Policy #1: Minimize Perception of Bulk Building heights are minimized. The maximum height of the two-story residence is 20 feet. A partial second-story addition, located over the garage, is proposed. The proposed two-tone colors reduce mass and bulk of the proposed residence because the second-story addition will be a lighter shade of green than the one-story portions of the residence. Prominent architectural features which break up massing include gabled dormers, columns, a boxed bay window, a glass rotunda located on the facade, and variety of window shapes and sizes. Policy #2: Integrate Structures with the Environment Natural materials and colors are proposed. Materials and colors include pale and dark green stucco exterior finish with white trim, oatmeal colored ledger stone accents, and grey composition shingle. Policy #3: Avoid Interference with Privacy and Views The applicant has provided evidence that the immediate and surrounding neighbors support the project. Eight property owners in the area have submitted letters in support of the application. These property owners include the parcels immediately adjacent, across, and behind the project site as well as additional neighbors on Purdue Drive. Landscaping will provide further privacy protection. Policy #4: Preserve Views and Access to Views The height of the second story addition has been minimized at 20 feet. Additions to the second-story are partial and do not extend over the entire footprint of the first floor. The findings applicable to Policy #3, above, are also applicable here. Policy #5: Design for Energy Efficiency The proposed residence will have new insulation, which exceeds State requirements. The new windows will be low emissive glass with low U-factor and low solar heat gain coefficient to realize significant benefits in heating and cooling. High efficiency room conditioning, heat equipment, and water heating will be installed. Section 2. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, the above-referenced application for Design Review approval is hereby approved subject to the following conditions: CITY COUNCIL 1. The applicant shall submit a landscape plan to include location, size, and species of proposed privacy screening to be located in the southwest corner of the subject property. The landscape plan shall be reviewed and approved by staff. The approved landscape screening shall be installed prior to building permit issuance. Temporary fencing shall be installed to protect the landscaping screening throughout construction. COMMUNITY DEVELOPMENT 2. The development shall be located and constructed as shown on Exhibit "A", incorporated by reference. 3. FENCING REGULATIONS - No fence or wall shall exceed six feet in height and no fence or wall located within any required front yard shall exceed three feet in height. 4. FIREPLACES: Only one wood burning fireplace shall be permitted 5. A storm water retention plan indicating how all storm water will be retained on- site, and incorporating the New Development and Construction -Best Management Practices. If all storm water cannot be retained on-site due to topographic, soils or other constraints, an explanatory note shall be provided on the plan. 6. All recommendations in the City Arborist's Report dated June 5, 2002 shall apply. Prior to issuance of a building permit, the applicant shall install tree protective fencing and submit to the planning department security in the amount of $1762. CITY ATTORNEY 7. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the applicant's project. 8. Noncompliance with any of the conditions of this permit shall constitute a violation of the permit. Because it is impossible to estimate damages the City could incur due to the violation, liquidated damages of $250 shall be payable to this City per each day of the violation. Section 3. Construction must be commenced within 24 months or approval will expire. Section 4. All applicable requirements of the State, County, City and other Governmental entities must be met. PASSED AND ADOPTED by the City Council of the City of Saratoga, State of California, this 10th day of December 2002 by the following vote: Ayes: Councilmembers Stan Bogosian, John Mehaffey, Ann Waltonsmith, Vice Mayor Evan Baker, Mayor Nick Streit Noes: none Abstain: none Absent: none This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the time frames approved by the City Council. /~ 4 n J l ,~G r~tl ~'~ Property n o Aut riz d Agent Date ~~ Nick Streit, Mayor