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HomeMy WebLinkAboutCity Council Resolution 04-096 - granting appeal 20423 Seagull WayRESOLUTION NO. 04-096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA GRANTING THE APPEAL OF A DENIED DESIGN REVIEW APPLICATION Galeb; 20423 Seagull Way WHEREAS, on November 10, 2004 the City of Saratoga Planning Commission demed a design review application to construct a two-story single-family residence The project includes the demolition of an existing two-story residence. The total floor area of the proposed two-story residence and garage is 3,540 square feet The floor area of the first floor is 2,299 square feet and the second floor is 1,241 square feet In addition, a 1,752 square foot basement is proposed The maximum height of the proposed residence is 25 feet 10 inches, and WHEREAS, on November 17, 2004 at a regular meeting of the City Council of the City of Saratoga two members of the City Council directed the City Clerk to initiate proceedings pursuant to section 15-90.065 for review by the City Council of the decision made by the Planning Commission; and WHEREAS, on December 15, 2004 the City Council held a public heanng 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 overturned the determination and findings of the Planning Commission denial of the design review application, and WHEREAS, The proposed project including the construction of a new single- family residence is Categoncally Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (a) of the Public Resources Code (CEQA) This exemption allows for the construction or conversion of up to three single-family residences WHEREAS, the applicant has met the burden of proof required to support said application for use permit approval, and the following findings specified in Municipal Code Section 15-45 080• (a) Avoid unreasonable interference with views and privacy. The footprint of the proposed residence is located predominately in the footprint of the existing residence. Unlike other Saratoga neighborhoods, the homes in the vicinity of Seagull Way are situated close together To avoid unreasonable interference with the privacy of the adjacent neighbor to the east, staff has required that the applicant plant screening trees in the backyard along the perimeter of the east side property line to mitigate any impacts on pnvacy to the one-story home. The Council has conditioned the project that ten 15 -gallon Italian Cypress trees be planted The trees shall be imgated with a drip or soaker system (b) Preserve Natural Landscape. The proposed residence is not located in a rural area of the City It is adjacent to commercially zoned property in medium density zoning. The existing landscape will be relatively unchanged as a new two story residence will replace and existing two story residence. (c) Preserve Native and Heritage Trees. City Arbonst review was not required The only potential ordinance sized trees, are approximately eight fruit trees located in the rear yard. These fruit trees are separated from the building site by an existing fence To protect the fruit trees, as a condition of approval, the existing fencmg is to remain throughout construction (d) Minimize perception of excessive bulk. The second -story building lines are setback from the first -story Second -story building lines are softened by rooflines from the first -story The entry way is proportional to the residence. Arclutectural details such as stone accents on the entryway, chimney, and facade create architectural interest, and reduce mass and bulk (e) Compatible bulk and height. The home is articulated with varying rooflines and moldings The home is well-proportioned and not much different form the newer homes that have been built in the vicinity The proposed residence will be in keeping with the general appearance of the site and neighborhood (1) Current grading and erosion control methods. The proposal would conform to the City's current grading and erosion control methods (g) Design policies and techniques. The proposed project conforms to all of the applicable design policies and techniques in the Residential Design Handbook in terms of compatible bulk, and avoiding unreasonable interference with privacy and views as detailed in the findings above and staff report NOW, THEREFORE, the City Council of the City of Saratoga does hereby resolve as follows. Section 1 After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, application number 04-035 for Design Review Approval is hereby granted subject to the following conditions- • • COMMUNITY DEVELOPMENT 1 Landscaping shall be installed prior to final occupancy inspection 2 The development shall be located and constructed as shown on Exhibit "A" incorporated by reference. All changes to the approved plans must be submitted in writing with a clouded set of plans highlighting the changes. Proposed changes to the approved plans are subject to the approval of the Community Development Director and may require review by the Planning Commission. 3 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 " 4 A grading and drainage plan combined with a storm water retention plan indicatmg how all storm water will be retained on-site, and incorporating the New Development and Construction — Best Management Practices, shall be submitted along with the complete construction drawings 5 The applicant or his designated representative shall apply for and secure a grading permit if deemed necessary 6. No downgrading in the extenor appearance of the approved residence will be approved by staff. Downgrades may include but are not limited to garage doors, architectural detailing, stonework, columns, shutters, driveway matenals, etc Any extenor changes to approved plans may require filing an additional application and fees for review by the planning commission as a modification to approved plans. 7. Ten 15 -gallon Italian Cypress trees shall be planted along the east property line spaced 6 ft apart The trees shall be imgated with a drip or soaker system and shall be planted pnor to final occupancy inspection The cypress trees shall not be planted intermingled with the existing fruit trees; instead, they shall be planted a mimmum of 5 feet from the existing fruit trees along that same property line so that they do not impact the health of the existing fruit trees in that same area. 8 Fencing for the fruit trees shall remain dunng construction. 9 No permit shall be issued for the project until the Applicant has submitted to the City a title report showing all parties having any interest in the property and any easements, encumbrances, and restrictions which benefit or burden the property and demonstrating that Applicant is the owner of the property (or that the owner has authonzed Applicant to proceed with the project) and that the project will not interfere with any easements, encumbrances, or restrictions c GEOTECHNICAL REVIEW 10 The Project Geotechnical Consultant shall review and approve all geotechnical aspects of the final development plans (i e , site preparation and grading, site surface and subsurface drainage improvements, and design parameters for foundations) to ensure that the plans, specifications and details accurately reflect the consultants' recommendations 11 The results of the plan review shall be summanzed by the Project Geotechnical Consultant m a letter(s) and submitted to the City Engineer for review and approval prior to issuance of permits 12 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, and excavations for fill keyways, and foundation construction, pnor to placement of fill, steel and concrete 13. 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 pnor to Final Project Approval. 14. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical Consultant's review of the project pnor to issuance of a Building Permit CITY ATTORNEY 15. Applicant agrees to hold City harmless from all costs and expenses, including attomey's fees, mcurred 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 Construction must commence within 36 months or approval will expire Section 3 All applicable requirements of the State, County, City and other Governmental entities must be met Section 4 Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen days from the date of adoption PASSED AND ADOPTED by the City Council of Saratoga. State of California, the 15th day of December 2004 by the following roll call vote. AYES. Councilmembers Nick Streit, Aileen Kao, Ann Waltonsmith, Vice Mayor Norman Kline, Mayor Kathleen King NOES • None ABSENT. None ABSTAIN. None ATTEST. oyer Clerk /14 -44, - Kathleen King, Mayo 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 wnting, by the Applicant, and Property Owner or Authonzed 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. I Property Owner or Authonzed Agent � Date ( oS