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HomeMy WebLinkAboutCity Council Resolution 12-027 Resolution Denying an Appeal Subject to One Condition - 21216 Bank Mill Road 2012-05-02RESOLUTION NO. 12-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENYING AN APPEAL SUBJECT TO ONE CONDITION; THEREBY AFFIRMING THE PLANNING COMMISSION'S APPROVAL OFDESIGN REVIEW APPLICATION PDR 08-0029 & VARIANCE APPLICATION VAR08-0001 FOR A NEW TWO-STORY SINGLE FAMILY HOME LOCATED AT 21216 BANK MILL ROAD WHEREAS, on October 7, 2011 an application was resubmitted by Nielsen Architects, requesting Design Review and Variance approval for a new two-story, single- family residence to be constructed on a vacant lot at 21216 Bank Mill Road within a building envelope that has a 52.5% average natural slope and five-foot retaining walls in the front setback. The total floor area of the main residence and garage would be 4,188 square feet (not including the 1,413 square foot basement). The height of the proposed residence would be approximately 25 feet. The property (APN 503-55-005) is located within the R-1-40,000 Zoning District. The foregoing work is described as the "Project" in this Resolution. WHEREAS, on March 14, 2012, 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 (PDR08-0029) and Variance application (VAR08-0001); and WHEREAS, on March 28, 2012 an appeal of the Planning Commission decision was filed by the appellant James Maggard; and WHEREAS, on May 2, 2012, 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, at the May 2, 2012 hearing, the City Council received evidence demonstrating that removal of redwood trees initially planted for interim screening pursuant to Condition of Approval 20 (step 2) in accordance with step 4 of Condition of Approval 20 satisfies the tree removal criteria specified in City Code Section 15-50.080 (a)(9), in that the necessity to remove the trees are for economic or other enjoyment of the property since there is no other feasible alternative to the removal. 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. Denies the appeal and affirms the Planning Commission's approval of the Design Review approval and Variance approval as consistent with the findings specified in City Code Section 15-46.040 and 15-70.060 subject to the addition of Condition 20 in the attached Conditions of Approval (Exhibit 1); and II. Finds that based on the environmental assessment for the project completed by the Community Development Department the project is exempt from environmental review requirements under the California Environmental Quality Act (CEQA). PASSED AND ADOPTED by the City Council of Saratoga, State of California, on this 2°d day of May, 2012 by the following roll call vote: AYES: Council Member Manny Cappello, Emily Lo, Howard Miller, Vice Mayor Jill Hunter, Mayor Chuck Page NOES: None ABSENT: None ABSTAIN: None Attest: 1 Morrow, City Clerk Chuck Page, Mayor EXHIBIT 1 CONDITIONS OF APPROVAL PDR08-0029 & VAR08-0001 21216 BANK MILL RD. (APN: 503-55-005) 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 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 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 Zoning Regulations 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. COMMUNITY DEVELOPMENT 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 dated March 5, 2012 denominated Exhibit "A". 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 3, above. 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 Exhibit "A" on file with the Community Development Department and referenced in Condition No. 5 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 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 construction plan pages; e. City Arborist Reports dated January 3, 2012 onto separate construction plan pages; f. All additional drawings, plans, maps, reports, and/or materials required by the Building Division. 7. Lighting. Exterior lighting shall be shielded so as not to shine on adjacent properties or public right-of-way. 8. Maintenance of Construction Project Sites. Because this Design Review Approval authorizes a project which requires a Building Permit, compliance with City Code Section 16-75.050 governing maintenance of construction project sites is required. 9. Landscape Screening. Landscape screening shall be planted (in a manner which does not require the existing shrubs screening to be removed) along the property line abutting 14665 Ambric Knolls Rd. (APN 503-55-018) in order to provide adequate privacy screening. The shrubbery shall reach 12 feet in height at full maturity and be maintained at or above 12 feet in height. THIS CONDITION IS PERMANENT. PUBLIC WORKS 10. Applicant (owner) shall obtain an encroachment permit for any and all improvements in any City right-of-way or City easement including the stormwater swale prior to commencement of the work to implement this Design Review Approval. 11. The applicant shall replace approximately 30 feet long section of curb and gutter at northern (upper) property corner adjacent to Bank Mill Road with a new structurally supported curb and gutter. The applicant shall also replace about 5 feet wide portion of the roadway pavement at this location including the sub -base material and existing fill. In addition, the applicant shall replace existing drain inlet and broken section of curb and gutter at the lower property corner adjacent to Bank Mill Road with a new structurally supported drain inlet and curb and gutter 12. The applicant shall retain services of the Project Geotechnical Consultant for recommendations of these improvements. Revised grading and drainage plan showing the improvements shall be submitted to the City Geotechnical Consultant and the City Engineer for review and approval. The Project Geotechnical Consultant shall review and approve revised plans and summarize his review in a letter submitted to the City Engineer for review prior to issuance of any construction permits. 13. The project geotechnical consultant shall evaluate the referenced (or latest) site development plans and recommend prudent grading control measures for the project including maximum height and inclination of construction excavations. Alternative geotechnical measures to achieve stable construction excavations shall be addressed including potential staged retaining wall construction, top-down construction, utilization of soil nails, or other appropriate methods. Necessary geotechnical inspections of exposed earth materials and potential monitoring of construction excavations shall be addressed. Geotechnical design criteria for construction shoring shall be provided. 14. With consideration of the above completed geotechnical evaluations, the contractor shall summarize proposed methods to achieve slope stability of temporary construction excavations. Construction conformance with maximum slope heights and inclinations recommended by the Project Geotechnical Consultant shall be confirmed. Appropriate documentation to address the above two items shall be submitted to the City for evaluation by the City Engineer or Building Official prior to issuance of permits for project construction. 15. The Project Geotechnical Consultant shall review and approve geotechnical aspects of the final development plans (i.e., site preparation and grading, site drainage improvements and design parameters for foundations and retaining walls) to ensure that the plans, specifications and details accurately reflect the consultants' 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 prior to issuance of permits for project construction. 16. The Project Geotechnical Engineer 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, basement excavation, and foundation construction, prior to placement of fill, steel and concrete. The geotechnical consultant shall be present to inspect the drilling of foundation piers. The consultant shall be on site during excavations to identify potential unstable conditions and make necessary recommendations to ensure that the cuts are adequately supported. The results of these inspections and the as -built conditions of the project shall be described by the Project Geotechnical Engineer in a letter(s) and submitted to the City Engineer for review and approval prior to Final (as -built) Project Approval. 17. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical Consultant's review of the project prior to Zone Clearance. 18. 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. ARBORIST 19. The owner (applicant) shall agree to all conditions required per City Arborist Report, dated January 3, 2012. ADDITIONAL CONDITIONS 20. The owner (applicant) shall implement the following four step process to ensure adequate visual privacy between the property at 21216 Bank Mill Rd. (APN 503-55- 005) and 14665 Ambric Knolls Rd. (APN 503-55-018). The steps are as follows: • Step 1 — Prior to building permit issuance, the proposed landscaping along the property line of 21216 Bank Mill Rd.(APN 503-55-005) and 14665 Ambric Knolls Rd. (APN 503-55-018), per Sheet L-1 of Exhibit "A", shall be planted to the satisfaction of the City Arborist. The plantings shall include (but not limited to) five 36" box Coast Redwoods, five 24" box Coast Live Oaks, and seven 15 gallon toyon shrubs within the rear yard. • Step 2 — Prior to final occupancy, a three foot retaining wall will be installed approximately 20 feet away from the rear portion of the proposed residence. A row of four, 15 gallon Coast Redwoods will be planted approximately three feet from the new proposed retaining wall, on the higher grade to provide interim screening to the satisfaction of the Community Development Department. • Step 3 — If Step 1 and Step 2 do not provide adequate screening, to the satisfaction of the Community Development Department, the applicant will install planter boxes (approximately 18" x 36" in size) along the length of the perimeter of the proposed decks. The shrubs planted within the planter boxes will be grown to height of approximately 36" — 42". • Step 4 — Once adequate screening along the property line of 21216 Bank Mill Rd.(APN 503-55-005) and 14665 Ambric Knolls Rd. (APN 503-55- 018) has been reached, per the satisfaction of the Community Development Department, the property owner of 21216 Bank Mill Road will have the right to remove the four, 15 gallon Coast Redwoods (per City Code Section 15-50.060), noted in Step 2 and planter boxes, noted in Step 3 without a Tree Removal Permit and in reliance on the City Council's May 2, 2012 determination that the removal satisfies the criteria specified in section 15-50.080 of the City Code.