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HomeMy WebLinkAboutCity Council Resolution 12-063 Denying appeal for 19870 Mendelsohn Lane RESOLUTION NO. 12-063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENYING AN APPEAL; THEREBY AFFIRMING THE PLANNING COMMISSION'S APPROVAL OF FENCE EXCEPTION APPLICATION FER12-0003 Peter& Rita Redford; 19870 Mendelsohn Lane WHEREAS, on October 24, 2012, the City of Saratoga Planning Commission approved Fence Exception application FER12-0003 with a condition that the wall be no taller than six foot tall within the front setback and 8 feet tall along the eastern side property for a length of 35 feet. WHEREAS, on November 6, 2012, Peter and Rita Redford, filed an appeal of the Planning Commission's approval of Fence Exception application FER12-0003 requesting that the fence height be ten feet in height along the front and side property lines; and WHEREAS, on December 5, 2012 the City Council held a public hearing to consider the application 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 application and all testimony and other evidence submitted in connection therewith; and WHEREAS, the City Council denied the appeal and therefore upheld the determination and findings of the Planning Commission's approval of the Fence Exception application; and WHEREAS, the proposed Fence Exception Request is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines (14 C.C.R. Section 15303) "New Construction or Conversion of Small Structures. This exemption allows for the construction and location of limited numbers of new, small facilities or structures, including fences and walls, and no exception to that exemption applies. WHEREAS, the findings required for issuance of a Fence Exception pursuant to City Code Section 15-29.090 are set forth below and the Applicant has met the burden of proof to support making all of those required findings: 1) The subject fence will be compatible with other similar structures in the neighborhood. The wall, as conditioned, would be compatible with the location and placement of existing fencing in the surrounding neighborhood. The wall would be covered in stucco which is a material that is compatible with the existing house on the site as well as other structures in the neighborhood. The proposed wall would be consistent in height as adjacent fences and would be green in color to blend in with existing landscaping which would screen the wall from views from Saratoga-Los Gatos Road and Mendelsohn Lane and which would not overly detract from the surrounding rural neighborhood. This finding can be made in the affirmative. Page 1 of 4 2) The entirety of the subject fence will be constructed of materials that are of high quality, exhibit superior craftsmanship, and that are durable. The wall would be constructed from concrete blocks and covered with green colored stucco. All of the materials will be durable and be of high quality and would be able to weather the outdoor environment. This finding can be made in the affirmative. 3) The proposed wall would incorporate high-quality materials that are consistent with the main residence as well as other structures in the neighborhood. The fence would be screened from both Mendelsohn Lane and Saratoga-Los Gatos Road by its green color as well as existing and proposed landscaping and would not overly detract from the character and integrity of the existing community. This finding can be in made in the affirmative. 4) The granting of the exception will not be detrimental or injurious to the property, adjacent neighbors, or improvements in the general vicinity and district in which the property is located. All the proposed materials for the fence and gate would be high quality and its appearance would be screened from views from adjacent properties as well as from Mendelsohn Lane and Saratoga-Los Gatos Road. The wall would be installed and located so as to provide the required sight distance for the driveway and street intersection. This finding can be in made in the affirmative. 5) The granting of the exception will not create a safety hazard for vehicular, pedestrian or bicycle traffic and does not obstruct the safe access to and from adjacent properties. As previously stated, the proposed fence would provide the required sight distances for the driveway. The proposed fence would not interfere with visibility for pedestrian, bicyclist and vehicular traffic within the area. This finding can be made in the affirmative. CONDITIONS OF APPROVAL A. GENERAL 1. 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 of a Certificate of Occupancy or its equivalent. 2. 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 16-05-035, as applicable. 3. The Applicant will be mailed a notice, on or after the time the Resolution granting this Approval is duly executed by the City, containing a statement of all amounts due to the City in connection with this application, including all consultant fees (collectively "processing fees"). This approval or permit shall expire sixty (60) days after the date said notice is mailed if all processing fees contained in the notice have not been paid in full. No Zoning Clearance or Demolition, Grading, or Building Permit may be issued until all processing fees have been paid in full (and, for deposit accounts, a surplus balance of$500 is maintained). 4. Agreement to Indemnify, Hold Harmless and Defend City as to Action Challenging Approval of Application and as to Damage from Performance of Work Authorized by project approval. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and hold the Page 2 of 4 City and its officers, officials, boards, commissions, employees, agents and volunteers harmless r•,. from and against: a. any and all claims, actions or proceedings to attack, set aside, void or annul any action on the subject application, or any of the proceedings, acts or determinations taken, done or made prior to said action; and b. any and all claims, demands, actions, expenses or liabilities arising from or in any manner relating to the performance of such construction, installation, alteration or grading work by the Owner and/or Applicant,their successors, or by any person acting on their behalf In addition, prior to any City Zoning Clearance, Owner and Applicant shall execute a separate agreement containing the details of this required Agreement to Indemnify, Hold harmless and Defend, which shall be subject to prior approval as to form and content by the City Attorney. B. COMMUNITY DEVELOPMENT 5. Compliance with Plans and Description of Use. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans and denominated Exhibit "A" date September 27, 2012 incorporated by this reference with the following modifications: 1) the height of the concrete wall shall not exceed six feet in height along the front property line and eight feet in height along the side property line outside of the front setback area for a distance of 35 feet and, 2) landscaping must be installed between the fence and L Mendelsohn Lane in the areas where there is not existing landscaping. 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 the requisite prior City approval. Proposed changes to the approved plans are subject to the approval of the Community Development Director and may require review by the Planning Commission. 6. 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" on file with the Community Development Department and referenced in Condition No. B.1 above which includes revised conditions of approval. b. This signed and dated Resolution printed onto separate construction plan pages. C. CITY ARBORIST 7. All recommendations contained in the City Arborist Reports dated September 24, 2012 shall be followed. 8. Tree protective measures, as specified by the City Arborist, shall be installed and inspected by Staff prior to issuance of City Permits. Page 3 of 4 9. Prior to issuance of City Permits, the applicant shall submit to the City, in a form acceptable to the Community Development Director, security equivalent to $115,300 to guarantee the maintenance and preservation of trees related to the fence construction. 10. The City Arborist shall inspect the site to verify compliance with tree protective measures. The bond shall be released after the planting of required replacement trees, a favorable site inspection by the City Arborist, and payment of any outstanding Arborist fees. NOW, THEREFORE,the City Council of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the testimony received, plans and other exhibits submitted in connection with this matter, the appeal is denied and application number FER12-0003 for Fence Exception Approval is hereby granted. Section 2. All applicable requirements of the State, County, City and other Governmental entities must be met. PASSED AND ADOPTED by the City of Saratoga City Council, State of California, on the 5thth day of December 2012 by the following roll call vote: AYES: Council Member Chuck Page, Manny Cappello, Howard Miller, Vice Mayor Emily Lo, Mayor Jill Hunter NOES: None ABSENT: None ABSTAIN: None 4a 4U .n4 Jill Hunter, Mayor ATTEST: G �' DATE: PA/70 Q- C al Bothel' , City Clerk Page 4 of 4