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HomeMy WebLinkAboutCity Council Resolution 04-033 RESOLUTION NO. 04-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE APPEAL OF THE CONDITIONAL APPROVAL OF DESIGN REVIEW APPLICATION #03 -269 14403 SOBEY ROAD Property owners: Javad and Mitra Ashjay WHEREAS, the City Council of the City of Saratoga has received an application from the property owners of 14403 Sobey Road appealing Resolution 04 -008 condition of approval #1, adopted by the Planning Commission for the approval of Design Review Application #03 -269, which proposes a 302.5 square foot house addition; and WHEREAS, on April 7, 2004 the City Council of the City of Saratoga held a duly noticed Public Hearing based on the aforesaid appeal at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the City Council overturned condition #1 of Planning Commission Resolution 04 -008 adopted for Design Review Application #03 -269 by determining that there is no nexus between the requirement of said condition regarding the perimeter fencing and the approval of an application for a 302.5 square foot addition; and WHEREAS, the project, which proposes to construct an addition to a single family home, is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to section 15301 (e) of the Guidelines for the Implementation of CEQA. This Class 1 exemption applies to additions and alterations not exceeding 10,000 sq. ft. The home is located in a developed area; and WHEREAS, the applicant has met the burden of proof required to support said application for design review approval, and the findings specified in Municipal Code Section 15- 45.080 and the following City's Residential Design Handbook have been determined: Policy #1: Minimize Perception of Bulk The proposed addition is minimal in relation to the size of the home, which is situated on a fairly large lot. The addition is neither disproportionate to the existing home, nor would it negatively impact the scale of the existing home. Policy #2: Integrate Structures with the Environment The external appearance of the addition will match the existing structure that has stucco siding, painted with earth tones. Policy #3: Avoid Interference with Privacy and Views Since this is a single story addition and the surrounding homes are either obscured by foliage or are situated far away, there is no interference with views or privacy. The applicant has shown the proposal to the adjacent property owners who have, so far, not voiced any concerns. Policy #4: Preserve Views and Access to Views Impacts on views are not an issue with this proposal. Policy #5: Design for Energy Efficiency The proposed addition will have new insulation, which exceeds State requirements, and will be connected to energy efficient heating and cooling appliances that currently exist at the home. WHEREAS, CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1094.6 GOVERNS ANY JUDICIAL REVIEW OF THIS DECISION, AND EACH APPLICANT AND EACH APPELLANT IS HEREBY NOTIFIED THAT IF SUCH APPLICANT OR APPELLANT INTENDS TO SEEK JUDICIAL REVIEW, THE DEADLINE FOR ANY SUCH COURT ACTION IS NOT LATER THAN THE 90TH DAY FOLLOWING THE DATE ON WHICH THIS DECISION BECAME FINAL (THIS DECISION SHALL BECOME FINAL ON THE DATE THAT NOTICE OF THE DECISION IS MAILED TO THE APPLICANT AND ANY APPELLANT). Date Resolution Mailed to Applicant and any Appellants: NOW, THEREFORE, the City Council of the City of Saratoga does hereby find, decide and resolve as set forth in the recitals above and as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, Application No. 03 -269 for design review approval is hereby granted subject to the following conditions: COMMUNITY DEVELOPMENT 1. The development shall be located and constructed as shown on Exhibit "A" incorporated by reference. 2. Four sets of complete construction plans incorporating this Resolution as a separate plan page shall be submitted to the Building Division. 3. The complete construction plans shall include a final landscape and irrigation plan for Staff review and approval, with the correct species of all protected trees properly labeled. All proposed vegetation shown on the approved landscape plan including but not limited to the areas where the cabana, shed and tennis court have been removed shall be completed prior to final inspection approval. 4. The proposed removal of the 120 square foot cabana, tennis court and shed shall be done carefully so as to not damage the roots of the nearby, protected trees. 5. The site plan shall be stamped and signed by a Licensed Land Surveyor. 6. The site plan shall contain a note with the following language: "Prior to foundation inspection by the City, the LLS of record shall provide a written certification that all building setbacks are per the approved plans." FIRE DISTRICT 7. Applicant shall comply with all Santa Clara County Fire Dept. conditions. CITY ATTORNEY 8. 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 Federal Court, challenging the City's action with respect to the applicant's project. Section 2. A Building Permit must be issued and construction commenced within 36 months from the date of adoption of this Resolution or approval will expire. Section 3. 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, the 21st day of April 2004 by the following roll call vote: AYES: Councilmembers Stan Bogosian, Norman Kline, Nick Streit, Vice Mayor Kathleen King, Mayor Ann Waltonsmith NOES: None ABSENT: None ABSTAIN: None -time Ann Waltonsmith, Mayor ATTEST: (Er A Caeen Boyer CMC, i rk PROOF OF SERVICE I certify and declare as follows: I am over the age of 18, and not a party to this action. My business address is City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070, which is located in Santa Clara County where the service described below took place. I am familiar with the business practice at my place of business for the collection and processing of correspondence for mailing with the United States Postal Service. Correspondence so collected and processed is deposited with the United States Postal Service that same day in the ordinary course of business. On the following document(s): 1. RESOLUTION CONTAINING FINDINGS AND DECISION BY CITY COUNCIL REGARDING APPROVAL OF APPEAL BY Javad and Mitra Ashiav OF 14403 Sobev Road FOR DESIGN REVIEW APPROVAL AT 14403 Sobev Road. was placed for deposit in the United States Postal Service in a sealed envelope, with postage fully paid to: APPELLANT: APPLICANT: I certify and declare under penalty of perjury that the forgoing is true and correct. Dated: Lata Vasudevan, City Community Development Department