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HomeMy WebLinkAbout102-Attachment 1 - City Council Reso.pdfRESOLUTION NO. ____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENYING AN APPEAL; THEREBY AFFIRMING THE PLANNING COMMISSION’S APPROVAL OF DESIGN REVIEW APPLICATION PDR08-0034 Jean; 14966 Sobey Road Approval of a new two-story, single family residence with attached garage and basement WHEREAS, on January 28, 2009, following a duly noticed public hearing at which time all interested parties were given a full opportunity to be heard and present evidence, the City of Saratoga Planning Commission approved a Design Review application (PDR08-0034) for the construction of a new 5,754 square foot residence on a 48,337 square foot parcel; and WHEREAS, on February 11, 2009 an appeal of the Planning Commission decision was filed by the appellants Rick and Colleen Pouliot, Subhash and Uma Chowdary, and Diana and Richard Anderson; and WHEREAS, on April 1, 2009, the City Council held a duly noticed public hearing to consider the appeal at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the City Council of the City of Saratoga has considered the appeal and all testimony and other evidence submitted in connection therewith; Now, therefore be it resolved that the City Council of the City of Saratoga hereby: I. Deny the appeal and affirm the Planning Commission’s approval of the Design Review application; and II. Determines that the proposed project including a new two-story, single-family residence is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303(c) New Construction or Conversion of Small Structures. This exemption allows for construction of a single-family home in an urban area. III. Determines that the applicant has met the burden of proof required to support said application for Design Review Approval, as consistent with the below General Plan policies and the following findings specified in City Code Section Article 15-45.080 and the City’s Residential Design Handbook: General Plan Findings The proposed project is consistent with all of the following General Plan Policies: Land Use Element Goal 13 – 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. The proposed project incorporates earth tones and materials, such as authentic slate and natural stone, that blend in well with the existing surroundings. The project will also follow the natural hillside slope in order to minimize the prominence of the structure while increase the compatibility with the natural terrain. Land Use Element 1.1. – 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. The proposed project has utilized policies and techniques from the Saratoga Residential Design Handbook such as designing the structure to follow the natural slope contours of site to minimize its perception of bulk, maximize energy efficiency by fitting certain portions of the residence into the grade to reduce wind exposure, and the use of landscaping to screen living areas most sensitive to privacy. Design Review Findings The proposed project is consistent with all of the following Design Review findings stated in City Code Section 15-45.080: (a) Avoid unreasonable interference with views and privacy. The project has been designed in a manner that minimizes interference with neighboring views and privacy to adjacent properties by doing the following: a. Locating the second-story structure out of the direct line-of-sight of neighboring properties. b. Removal of second-story windows facing the north and south properties, in order to protect neighboring privacy. c. Situating the proposed home on a lower portion of the lot in order to follow the contours of the site slope while protect the views, to the extent feasible, of elevated properties located to the east. d. The new construction is located toward the rear of the lot, providing an increased front setback greater than the minimum required by the Municipal Code. e. To the east of the proposed building, the site slopes upward to dense landscaping. The parcel to the north and south are well screened with existing mature landscaping. f. Extensive tree planting using existing and new landscape is proposed to the south property line, adjacent to the access easement, in order to create a visual screen between properties to the south. (b) Preserve Natural Landscape. Seven protected trees will be removed. The building has been located in an effort to minimize its impacts on all other existing trees. The 30 existing trees potentially impacted by the project will be protected during the construction process and incorporated into the formal landscaping plan. Additionally, 39 new trees will be added to the site. The area to the west of the residence will have a vineyard. (c) Preserve Native and Heritage Trees. One four inch oak is proposed for removal, as it is in conflict with the design. No Heritage trees are onsite. As conditioned, 39 new trees will be added to the site. Five of those trees will be of the Native species. (d) Minimize perception of excessive bulk. The project incorporates an earth tone color pallet and high-quality materials into its design. These materials include horizontal wood siding, natural stone veneer, and an authentic slate roof. These colors and materials will reduce the perception of excessive bulk in the rural environment. The size of the second story is located to the center of the building footprint so that the majority of house footprint is a single story. The project has been designed to follow the natural contour of the existing slope, thereby minimizing the prominence of the structure and increase the compatibility with the natural terrain. (e) Compatible bulk and height. The proposed home with a height of 26 feet is compatible in terms of bulk and height with the existing residential structures on nearby lots. The varying rooflines, architectural detailing, and combination of high-quality exterior materials will minimize the perception of bulk. The height of the project is consistent with adjacent properties and will be alleviated by the large setbacks and landscape screening. (f) Current grading and erosion control methods. The applicant has submitted a grading and drainage plan, which incorporates current grading and erosion control methods. The geotechnical report and recommendations are included as a condition of approval. Furthermore, the project is conditioned to require retention of stormwater on site, to the maximum extent reasonably feasible. (g) Design policies and techniques. The proposed project conforms to all of the applicable design policies and techniques in the Residential Design Handbook in that the design will follow the natural slope contours of site, utilize materials that blend with the natural environment, use landscaping to screen living areas most sensitive to privacy, protect neighbor’s privacy by proper site planning and appropriate landscape, and fit certain portions of the residence into the grade to reduce wind exposure and provide wind protection. IV. After careful consideration of the site plan, architectural drawings, and other exhibits submitted in connection with this matter, the exemption from CEQA is approved and required findings being made that the application number of PDR08-0034 for a Planning Commission Design Review Approval is hereby granted subject to the following conditions: UCONDITIONS OF APPROVAL A. 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 demolition, grading, or building permit for this project shall take effect 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 acceptable to the Community Development Director. 2. 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 or a Certificate of Occupancy or its equivalent. 3. Conditions may be modified only by the Planning Commission unless modification is expressly otherwise allowed by the City Code including but not limited to Section 15-80.120 and/or 16.05.035, as applicable. 4. 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 5. 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 Zoning Regulations. 6. Prior to issuance of any demolition, grading, or building permit to implement this Design Review Approval, the applicant shall obtain a “Zoning Clearance” from the Community Development Director by submitting final plans for the requested permit to the Community Development Department for review to ascertain compliance with the requirements of this Resolution. USTANDARD CONDITIONS OF APPROVAL CITY ATTORNEY 1. Agreement to Indemnify, Hold Harmless and Defend City. Owner and Applicant shall indemnify, hold harmless and defend the City, its employees, agents, independent contractors and volunteers (collectively “City”) from any and all costs and expenses, including, but not limited to attorney’s fees incurred by the City or held to be the liability of City in connection with City’s defense in any proceeding brought in any State or Federal Court, challenging the City’s action with respect to the applicant’s project or contesting any action or inaction in the City’s processing and/or approval of the subject application. COMMUNITY DEVELOPMENT 2. Compliance with Plans. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans dated January 8, 2009 denominated Exhibit “A” and the Color Board dated October 7, 2008 denominated Exhibit “B”. 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 Condition A.3, above. 3. Tree Planting. The Property Owner shall not plant any trees that reach 50 feet in height, at full maturity, within any required rear yard. All proposed trees, as shown on the Conceptual Landscaping Plan per Exhibit “A”, must be 24 inch box size or greater. Five of the proposed trees must be of the native species, as defined in Saratoga Municipal Code Section 15-50.020(n). THIS CONDITION IS PERMANENT. 4. Stormwater. 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”). Prior to issuance of Zoning Clearance for a Demolition, Grading or Building Permit for this Project , a Stormwater Detention Plan shall be submitted to the Community Development Director for review and approval demonstrating how all storm water will be detained on-site and in compliance with the NPDES Permit Standards. If not all stormwater can be detained on-site due to topographic, soils or other constraints, and if complete detention is not otherwise required by the NPDES Permit Standards, the Project shall be designed to detain on-site the maximum reasonably feasible amount of stormwater and to direct all excess stormwater toward stormwater drains, drainage ways, streets or road right-of- ways and otherwise comply with the NPDES Permit Standards and applicable City Codes. 6. Final Landscape and Irrigation Plan. The Landscape and Irrigation Plan required by City Code Section 15-45.070(a)(9) shall be designed to the maximum extent reasonably feasible to: a. utilize efficient irrigation (where required) to eliminate or reduce runoff, promote surface infiltration and minimize use of fertilizers and pesticides that have the potential to contribute to water pollution; b. treat stormwater and irrigation 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 prolonged exposure to water shall be specified in the Plan, installed and maintained; c. be comprised of pest resistant landscaping plants throughout the landscaped area, especially along any hardscape area; d. be comprised of plant materials selected to be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment; e. protect the roots of Ordinance-protected trees from any proposed or required undergrounding of utilities; f. retain and incorporate existing native trees, shrubs, and ground cover into the Plan; g. comply with Chapter 15-47 and Section 16-75.030 of the City Code to the extent applicable; h. the Final Landscape plan and access to the vineyard is subject to Final Review and Approval by the Community Development Director. 7. Building Division Submittal. Four (4) sets of complete construction plans shall be submitted to the Building Division. These plans shall be subject to review and approval by the Community Development Department Director or designee 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” dated January 8, 2009 on file with the Community Development Department and referenced in Condition No. 2 above; b. A note shall be included on the site plan stating that no construction equipment or private vehicles shall be parked or stored within the root zone five feet beyond the drip line of any Ordinance-protected tree on the site; c. The site plan shall contain a note with the following language: “Prior to foundation inspection by the City, the Licensed Land Surveyor of record shall provide a written certification that all building setbacks comply with the Approved Plans,” which note shall represent a condition which must be satisfied to remain in compliance with this Design Review Approval; d. This signed and dated Resolution printed onto separate plan pages; e. A boundary survey, wet-stamped and wet-signed by a Licensed Land Surveyor or Civil Engineer authorized to practice land surveying. The stamp shall reflect a current license for the land surveyor/engineer, the document shall be labeled “Boundary Survey,” and the document shall not contain any disclaimers; f. City Arborist Reports dated November 17, 2008 printed onto separate construction plan pages; g. A final utility plan that shows location of HVAC mechanical equipment outside of required setback areas; h. A final Drainage and Grading Plan stamped by a registered Civil Engineer combined with the above-required Stormwater Detention Plan; i. A final Landscape and Irrigation Plan; and j. All additional drawings, plans, maps, reports, and/or materials required by the Building Division. 8. Fences, Walls and Hedges. All fences, walls and hedges shall conform to height requirements provided in City Code Article 15-29. Any existing fences or walls not meeting the zoning ordinance standards shall be removed prior to final planning inspection. 9. Heating, Ventilation, or Air Conditioning (HVAC). No new or replacement HVAC mechanical equipment shall be allowed between the lot line and any required front, side or rear setback. 10. Wood-Burning Fireplaces. Per City Code, one wood-burning fireplace per structure maybe installed in any new construction. 11. Exterior Lighting. All lighting in connection with the proposed project shall not produce glare or spillover to adjacent properties. 12. Water Conservation. All newly constructed buildings and irrigation systems shall be equipped with water conservation plumbing fixtures, satisfactory to the Building Official. 13. Construction Trucks. All Construction trucks and vehicles shall use designated truck routes only. 14. Noise and Construction Hours. 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. CITY ARBORIST 15. Arborist Report. All recommendations of the Arborist Report dated November 17, 2008, and incorporated herein by this reference shall be followed and incorporated (in its entirety) into the plans. PUBLIC WORKS 16. Final Improvement. The Project Geotechnical Consultant shall review and approve all geotechnical aspects of the final improvement plans (i.e., site preparation and grading, site drainage improvements and design parameters for building foundations and swimming pool) to ensure that the plans, specifications and details accurately reflect the consultant’s recommendations. The results of the plan review shall be summarized by the Project Geotechnical Consultant in a letter and submitted to the City Engineer for review and approval prior to issuance of building permits. 17. Project Construction. The Project Geotechnical Consultant shall inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspections shall include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, pier excavations, and retaining walls prior to the placement of fill, steel and concrete. The results of these inspections and the as-built conditions of the project shall be described by the geotechnical consultant in a letter(s) and submitted to the City Engineer for review and approval prior to Final (as-built) Project Approval. 18. Outstanding Fees. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical Consultant’s review of the project prior to Zone Clearance. 19. Hold Harmless agreement. The owner (applicant) shall enter into agreement holding the City of Saratoga harmless from any claims or liabilities caused by or arising out of soil or slope instability, slides, slope failure or other soil related and/or erosion related conditions. 20. Encroachment Permit. The applicant shall obtain an encroachment permit from the Public Works Department for construction within the public right-of-way. SANTA CLARA COUNTY FIRE DEPARTMENT 21. Fire Development Review. Owner/applicant shall comply with all Fire Department requirements. V. A Building Permit must be issued and construction commenced within 36 months from the date of adoption of this Resolution or approval will expire. VI. All applicable requirements of the State, County, City and other Governmental entities must be met. PASSED AND ADOPTED by the City Council of Saratoga, State of California, this 1st day of April, 2009 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________________________ Chuck Page, Mayor ATTEST: ________________________________________________ Ann Sullivan, City Clerk 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 recommended time frames approved by the City Planning Commission. __________________________________ _________________________ Property Owner or Authorized Agent Date