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HomeMy WebLinkAboutCity Council Resolution 14-031 - Overturning Appeal (Approving Project) - 13580 Saratoga Vista Avenue RESOLUTION N0. 14-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING AN APPLICATION FOR DESIGN REVIEW OF A NEW TWO-STORY SINGLE-FAMILY DWELLING LOCATED ON A VACANT LOT ON SARATOGA VISTA AVENUE(393-33-025) SARATOGA CA 95070 WHEREAS, on June 18, 2013, an application was submitted by Timeline Design on behalf of Hailin and Xue Li requesting Design Review approval for a new two-story single-family dwelling. The new home would be 3,348 square feet in area and 24 feet, one inch in height. The 12,611 square foot hillside lot is located in the R1-10,000 zoning district; and WHEREAS, the Community Development Department completed an environmental assessment for the project in accordance with the California Environmental Quality Act (CEQA), and recommended that the Pla.mling Commission determine this project exempt; and WHEREAS, on December 11, 2013, the Plaiuling Commission held a duly noticed public hearing on the subject application and found the project was not consistent with the Saratoga City Code Design Review and denied the project after, considering evidence presented by City Staff,the applicant,and other interested parties; and WHEREAS, on January 2, 2014, an appeal of the Plamling Commission's denial was filed by Matthew Harrigan on behalf of Margaret Li; and WHEREAS, on Apri12, 2014, the City Council held a duly noticed public hearing on the subject appeal, and after hearing public testimony directed the applicant, staff, and the adjoining neighbor to work on solutions to address the neighbor's concerns. WHEREAS, on Apri124, 2014, revised project plans were submitted by Timeline Design on behalf of Hailin and Xue Li. The plans show the home to be 3,347 square feet in area and 22 feet,two inches in height. The foregoing work is described as the"Project"in this Resolution;and WHEREAS, on May 7, 2014, the City Council held a duly noticed public hearing on the subject appeal, and considered evidence presented by City Staff, the appellants, the applicant, and other interested parties. NOW THEREFORE, the City Council of the City of Saratoga hereby fmds, determines and resolves as follows: Section 1: The recitals set forth above are true and correct and incorporated herein by reference. Section 2: The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 "New Construction or Conversion of Small Structures", of the Public Resources Code (CEQA). This exemption allows for the construction of up to three single-family residences and no exception to that exemption applies. Section 3: The project is consistent with the following Saratoga General Plan Policies; Conservation Element Goal 2 and Land Use Element Goad 1 which states that the City shall preserve the City's existing character which includes small town residential, ruraUsemi-rural areas and open spaces areas; Conservation Element Policy 6.0 which provides that the City shall protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development; and Land Use Element Policy 1.1 that the city shall continue to be predominantly a community of single-family detached residences. Section 4: The project is consistent with the Saratoga City Code design review findings in that site development follows the natural contours of the site, minimizes grading, and is appropriate given the property's natural constraints; all protected trees have been preserved; the height of the structure, its location on the site, and its architectural elements are designed to avoid unreasonable impacts to the privacy of adjoining properties and to community viewsheds; the overall mass and the height of the structure, and its architectural elements are in scale with the structure itself and with the neighborhood; the landscape design minimizes hardscape in the front setback area and contains elements that are complementary to the neighborhood streetscape; development of the site does not unreasonably impair the ability of adjoining properties to utilize solar energy; and the design of the structure and the site development plan is consistent with the Residential Design Handbook. Section 5: The City Council of the City of Saratoga hereby approves application PDR13- 0035,for the project located on a vacant lot on Saratoga Vista Avenue (393-33-025), as shown on the plans dated April 24,2014 and attached hereto as E�ibit 1. PASSED AND ADOPTED by the City Council of the City of Saratoga on this 7th day of May 2014 AYES: Vice Mayor Howard Miller, Council Member Manny Cappello, Chuck Page,Jill Hunter ', NOES: None ABSENT: None ABSTAIN: Mayor Emily Lo �`,' � � � Emily Lo,Mayor ATTEST: � i l��V1��V� �`?C3�i1,1 p DATE: ���' Crys�l Bothelio, City Clerk � _ i Ea�hibit 1 CONDITIONS OF APPROVAL PDR13-0012 SARATOGA VISTA AVENUE (393-39-025) 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 zoning clearance, or demolition, grading for this project shall be issued 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 to the Community Development Director. 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. The Owner and Applicant will be mailed a statement after the time the Resolution granting this approval is duly executed, 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 pernut 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 Pernut may be issued until the City certifies that all processing fees have been paid in full (and, for deposit accounts, a surplus balance of$500 is maintained). 3. 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 City Code incorporated herein by this reference. 4. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and hold the City and its ofFicers, officials, boards, commissions, employees, agents and volunteers harmless 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 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. 5. Compliance with Plans. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans denominated E�ibit "A", dated April 24, 2014 and as conditioned below. 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 City Code. 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 City 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 E�ibit"A" on file with the Community Development Department. b. All additional drawings, plans, maps, reports, notes, and/or materials required by the Building Division. c. This signed and dated Resolution printed onto separate construction plan pages. d. 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. 7. Fence Exception. The applicant shall apply for a fence exception in accordance with city code section 15-29.090, prior to installing any fence over three feet in height in the front setback area or over six feet in height in the rear or side setback area. 8. Solar Access. Prior to approval of a fence exception,the applicant shall provide a shadow study that shows the fence will not cast a shadow greater than 10 percent of the collector absorption area upon an existing neighboring solar collector surface at any one time between the hours of 10 a.m. and 2 p.m., local standard time.