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Home My WebLink AboutCity Council Resolution 07-023RELUTI~I~ ~~. U7~~~ LUTI~N ~ Tr~~ CITY ~UNIL IMF Tl~IE rT~ ~ ~AT~~. ~~~~1~ ~~ APPEAL; T~~~~ ~rvr.Y~v TEL PLAN1~Il~ ONIIVIIII01~~ APPI~~"~AL ~~' ~rN REVIEW APPLI~ATI~N ~'T-~1~ Aar~val; ~~8~~ Wardell load w>:~A, on February ~$, ~~~7, the pity of Saratoga Manning ommissian approved a design review application Via, f}7-~1 ~~ to construct ato-story single-family residence with an attached garage, baserr~e~t, swimming pool, and detached pool bathroom. 'l~he maximum average height of the propased res~der.~ce will riot be higher than ~~-feet. The net lot size is l.~-acres and the site 1s zoned I~111s~de Reslder~t~al ~HR}y and w>"IEREA, an March 1 ~, ~~~7, the appellant, Matt hristiano, filed an appeal of e Flann~ng ammission's approval of ~eslgn keview A.ppl~.catlon ~7~~87; and wI~EI~EAS~ on May ~, ~~~}7 the pity council held a public hearing to consider the applieat~on at which time all interested parties were given a full oppartu.nity to be heard and to present evidence; and wI~ERLA, the pity auncil of the pity of Saratoga has cons1dered the application and all testimony and other e~ridence submitted in connection therewith, ~ow~ therefore, be it resolved that the pity council of the pity of Saratoga hereby: Y. Affirms the f ndings of the Planning oission's approval of the design review application; and II. Determines that the proposed project including the construction of a new single family residen.oe is categorically Exerrlpt from the ~t~vironmental duality Act ~EA~ pursuant ectian 1 ~~, ;`~1ew construction or conversion of ~nxa11 Structures", Mass 3 ~a~ of the public resources bode ~>~A~, This e~emptian allows far the construction or conversion of up to three single-family residences. III. I~etermincs that the applica~at has met the burden of proof required to support said application for Design l~~view, and 1 can~ter~t with the following general Plan Fol~c~cs ar~d hillside Specific Plan: Land Use Element Policy .~ -The pity shall use the design review process to assure that the new construction and major additions thereto are compatible with the site and the ~~aceent surroundings. As conditioned, the application meets the Findings required for Design Approval. eolo~y and Soils ~P,~,licy ~- In locating building sites, preference should be liven to areas designated as stable ~~r~ his, dun, hex} on the ground l~ovem~nt potential Nlap. Especially sites on potentially moving slopes ~Pr~~, P, Fd~ ~~.~ moving slopes ~lvis~ hll not b~ approved unless eoloic and soils en~ineerin~ analysis and desi~u provided b~ the developer clearly demonstrate the long-terra ~ta~]lllty 0~ ~l1Ch ~1teS to the ~~t1S~aCt1~~1 ~~ the I~ity, its eolo~lst and other professional consultants, The subject parcel is located within two designated areas, br and Ps, on the ground Movement l~otntial Map. ~ gcotech.nical rcpork was prepared by the applicant's consulting firm and was peer revrev~red ley the qty's contract consultant eotechnical clearance has been issued subject to adherence to conditions of approval arc required as conditions of proceeding with the prof ect a part of this Resolution. anitar~ fewer ~ryi~e _~oli'c~ -~ require all new residences on newly created lots to hook up to a sanitary sewer system to avoid groundwater contatnanation prolalerns. The applicant is hooking up to the local unitary sewer system and is not proposing to use leach fields. I~. T~etermines that the applicant has met the burden of proofre~uired to support said application for design review approval including the following findings specified in unic~pal bode section 1 ~-45.01~o and the pity's l~cs1dent1al l~esrgn Handboak~ ~~~ig~ I~eri~~ Fir~u~~r~s The proposed project is consistent with all the following Design Review findings stated in Municipal bode section l~-4~.0~: ~a} ~ vai ~r~rea~v~a~bl~ i~t~rf~re~~e wi~1z ri~rvs a~z pr~va~y, The proposed home will be situated on a .relatively large parcel with surrounding parcels also in excess of an acre. The rna~imurn height of the proposed single- story dwelling i ~ feet. The proposal well meet minimum side-yard setbcl~s and will provide additional front and rear-yard setbacks greatex than required y the Municipal ode The proposed hone will not unreasonably lnterfcre with nelhl~onng v~e~vs ar privacy. ~b~ ~r~ser~ t~rai .~a~~sca~. A n~a~orlty of the prapased residence is located in an area where a barn once stood; therefore, minimal natural landscape will be disturbed. ~c~ ~rs~rv ufiv~ a~~ ]~eri~a~ ~re~~~ The proposal i not requesting removal ~f Dative andlor Heritage Trees. ~d~ ~~~~i~~ per~c~~~ior~ o ~ccessir~ b~~~. The applicant is proposing neutral color pallet ~`or the exteriar building, window trim and roofing rnatcrials as well as incorporating varying rooines, arched wood windows, and columns to reduce the perception of e~cesslve bulk. ~e~ L"opa~i~~~ b~~~ ar~~ ~e~~h~, l~eszdences in the area are spread out given the rninirnurn lot sire requirements and arc generally larger in sire. The proposed structure 1s ca~npatlble in. bulk and height with other homes located 1n the halls~lde area. ~#~ '~rren~ grading and erosion co~~r~u~ e~%as. Tla applicant is proposing grading in excess of l,aa~ ~, v~hich requires Planning ommissian zeview and approval in hillside areas. The applicant has submitted a grading and drainage plans which. incorporates appropriate grading and erosion c~ntroi e~hods. In addition, the proposal shall conform to the pity' ~ current grads ng and erosion control standards. ~~~ ~esiga ~oiicies and ~ec~~i~-~es. The proposed project conforms to all of the applicable design policies and. techniques in the ~~siential ~eslgn T~andbook in terms of compatible bulk, and avoiding unreasonable Interference with privacy and. viers as detailed in the findings a~bovc and sta~'f r~p~rt. V. .Alter careful cansidera~lon of" the site plan, architectural drayrings, Mans and other exhibits submitted in connection with this matter, application number ~~-~ l ~ far design review Approval i hereby granted. subject to the follo~ring conditions: ~ER~~I~T ~l~I~~TN F ~~~i~~AL - Nose ~JRRET I~EVEI~~PIVIE~T ~~~~~A~, l~~~TX~~ ~- ~M1VIU1~1~T~ ~}EVE~~~IVIENT 1. The develaptnent shall. b located and constructed as shown on E~hib:it "1~~' date stamped ;~anuary 3~, ~~~~, incorporated by reference. All changes to the approved plans rn~st be submitted in v~riting with plans showing the changes and are subject t~ the omn~unlty development Director's approval. ~. The project shall utilize materials illustrated on a materials board date stamped February ~S, ~~~7. ~. The follo~ring shall be required andlor included as to the plans submitted to the Building ~lvislon for the bu11d1ng plan check revze~r process: a. Four (4} gets of complete construction plans incorporating this ~esalutian as a separate plan page. ~, The applicant shall redesign the grading and drainage plan reducing the can~bined cut and fill to less than l,~a~ cubic yards far review and approval prior to issuance of Final honing lcarance. ~. The following note shall be included: "~ maximum of one woad- burr~ing fireplace is permitted and it shall be equipped with ~ gas starter x.11 other fireplaces shall be gas burning" ~, The following Hate shall. be included verifying building ~ethaclc: "Pr1or to founda~IOn inspection by the ~~ty, the Licensed Land purveyor Qf record shall provide ~ written certification that all building setbacks are per approved plans." 4. A starnl water retention plan shall be submitted to the pity for review and approval indicating how all storm water will be retained on-site, and incorporating the dew Development and construction - hest Management Practices. If all stonn water cannot be retained ~n-site due to topographic, sills or other constraints, an explanatory Hate shall be provided on the plan. ~. .landscape plan shall be designed with eff cient irrigation to reduce runoff} promote surface infiltration and minimise use of fertilisers and pesticides that can contribute to water pollution. . T~ the e~te~t feasible, landscaping shall be designed and operated to treat stony water runoff by incorporating elements that collect, detain. and infiltrate runol`f Ire areas than provide detention of water, plants that are tolerant ~~ saturated sail conditions and prolong exposure to water shall be specified. 7. Te the extent .fusible, pest resistant landscaping plants shall be used throughout the landscaped area, especially along any hardscape area, $. Plant materials selected. shall be appropriate to site specific characteristics such as sail type, topography, clirr~ate, amount and timing of sunlight, prevailing winds, r~.infall, air n~oven~ent, patters of land use, ecological consistency and plant interactions to ensure successful esta~blishrnent, Existing native trees, shrubs, and ground saver shall be retained and incorporated into the landscape plan to the rnaximurn extent. possible, 1 ~, staff shall not approve downgrading to the exterior appearance of the approved ~esidence~ i~awngrades may include, but are Hat limited ta, garage doors, architectural detailing, stonework, calumns~ shutters, driveway n~atorials, or sirni~ar iterns~ Any exterior changes to approved plans resulting in a downgrade shall require filing an additional application and fees far review by tfie Planning omrnls~on as a rnodi.fication to approved plans. Any other exterior changes to the approved plans, wch are nor de~rld a downgrade by staff, shall rewire a caning Iearance issued by the community Development >irectar with payment of appropriate fees. 11. All processing fees, in the form of deposit accounts on file with the con~n~unity development department, shall be reconciled with ~ n~inirnurn ~OO.oo surplus balance at ail tines. In the event that the balance i less than 5~~,~~, all staff' work on the project shall cease until the balance is restored to a rr~inimur~ ~~~.~~. ~`T1I~ ~ITRICT 1~. Applicant shall cornp~y with all Fire ]department conditions. PUBLIT~ w~I~K ~~. Applicant shall comply with all ~'ublic works conditions, inelud.in~ but not limited to, ~eotechnical Conditions issued on January 17a ~~~7 via a memo from Iveta ~arvancik, Associate Engineer, to Therese 1V~~ Schmidt, AICP} Associate Planner. 14..Applicant shad obtain an encroachment Merit far in~pravcn~ents in the City rift-o~=way prier to commencerrrcnt o~ the work. A~B~I~IST ~F~'~ The City Arborist reviewed this project and prepared two reports dated July Z7, ~~~~ and September ~, boo. The recommendations contained in these reports are hereby included s conditions of approval and shall be incorporated as part of the plans, Anon the rccon~rnendations outlined in this report ark the foll~lr~~~ I5. prior to issuance of final done Clearance the two rborit reports shill be incorporated into th e ~~ an set. 1. ~ bond equal to ~~,~.~~, whic}~ ~~ 1 ~~°~o of the value of the ~rdinance- protected trees to be retained, is rewired prior to tssua~ce o~ fna~ ~or~e Clearance. ~'IT~ A~'~'~IEY 17~ owner and Applicant agree to hold City har~nXcss ~`rorn all costs and expenses, rncluding attorney's fees, incurred by the City or held to be the l~abrl~ty of City ~n connect1on with Crty's defense of its actions in any proceeding brou.ht i any State or ~ed.era~ Court, challenging the City's action with respect to the applzcant's project, VY. A Building perrn~t rr~ust be ~s~ued ar~d construction corr~rnenced w~th1n ~~ months 1~rom the date of adoption of this resolution or approval will expire. vII. All applicable requirerrxents of the state, bounty, pity and other Cavernmental entities must be met. PAID ANA] ~~~'~~ by the 1ty oun~ll of ra~~ga. take ~f ~alifon~ia, the end day ofa.y ~~~7 by the follov~ing roll call vote: AYES: auncilmetnbers atl~leen ding, hucl~ Page, vice Mayan Ann altansmith,ll~ayor Aileen I~aa ~ ouneil~nember Jill Hunter ABET: done ABSTAIN: Done ATTEST: Cathleen pity filer C~ Aileen Kao, Mayor This permit is hereb~y~accepted upon the express terms and conditions hereof, and shall have no farce or effect unless and until ag~ee~ to, in writing, by the Applicant, and Property owner a.r Authorised Agent. The undersigned. hereby acl~n~wled'ges the approved terms and conditions and agrees to fully conform to and ca~nply with said terms and conditions within the rceorr~et~ded tune frames approved by the pity Planning ,. omrnlsslan. 1N~ Qroperty Owner uthorized Agent /nk°I a-9, 260 Date