HomeMy WebLinkAboutCity Council Resolution 08-053APPROVAL OF RESOLUTION NO. 08-053
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA DENYING AN APPEAL; THEREBY AFFIRMING THE
PLANNING COMMISSION'S APPROVAL OF
DESIGN REVIEW APPLICATION PDR07-0016
Estahbanaty; 20731 St. Charles Street
Construction of new two-story home
WHEREAS, on May 28, 2008, the City of Saratoga Planning Commission approved
Design Review application PDR07-0016 to construct atwo-story single-family residence. The
total floor area of the proposed residence will be approximately 2,542 square feet. The
maximum height of the proposed residence will be 26 feet; and
WHEREAS, on June 12, 2008, an appeal of the Planning Commission's approval of
Design Review application PDR07-0016 was filed; and
WHEREAS, on July 16, 2008 and August 25, 2008 the City Council held a 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, the City Council of the City of Saratoga has considered the application and
all testimony and other evidence submitted in connection therewith; and
WHEREAS, based on modifications to the plans proposed or agreed to by the applicant
the City Council upheld the determination and findings of the Planning Commission for approval
of the design review application; and
WHEREAS, The proposed project including the construction of a new single-family
residence is Categorically 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 design review approval, and the following findings specified in Municipal Code
Section 15-45.080 and the City's Residential Design Handbook have been determined:
Conservation Element Policy 6.0 -Protect the existing rural atmosphere of Saratoga by
carefully considering the visual impact of new development. The wood front doors, and neutral
shades of the exterior will blend with the surrounding rural environment. Six ordinance-sized
trees on the property will be protected and preserved.
Land Use Element Policy 5.0 -The City shall use the design review process to assure that the
new construction and major additions thereto are compatible with the site and the adjacent
surroundings. As conditioned, the application meets the Findings required for Design Approval.
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Design Review Findings
The proposed project is consistent with all of the following Design Review findings stated in
City Code Section 15-45.080:
(a) Avoid unreasonable interference with views and privacy. The project will not
unreasonably interfere with view and privacy in that the proposal is below the permitted
height in the zoning district. The second story of the home is modest in size and has been
articulated to have greater than required setback along the western property line.
Windows on two sides of the bay window have been removed and a window on the West
facade in the master bedroom will be frosted glass. This finding may be made in the
affirmative.
(b) Preserve Natural Landscape. The site contains six ordinance size trees that will be
retained and protected through the construction process. A tree that currently provides
screening for a neighbor against exterior lights of a nearby commercial building will be
maintained. This finding maybe made in the affirmative.
(c) Preserve Native and Heritage Trees. No protected or heritage trees will be removed for
this project. Six trees that are protected by City ordinance will be fenced during the
construction process and a bond equivalent to 100% of the remaining trees will be
required prior to issuance of City permits. This finding maybe made in the affirmative.
(d) Minimize perception of excessive bulk. The project meets this finding in that the home
is detailed and provides building articulation. The front facade includes architectural
elements such as shingles, a porch, and exposed rafters. The building line of the second
story is furthest from side property lines near the front of the property and jogs to provide
building articulation.
(e) Compatible bulk and height. Other two-story homes similar in height exist in the
vicinity of the project. The two-story element of the home has been set back from the
front and western side property lines to reduce bulk, particularly as viewed from the
street. In addition, the home will not exceed the maximum height allowed in the area and
zoning district. This finding maybe made in the affirmative.
(f) Current grading and erosion control methods. The project is conditioned to conform to
the City's current grading and erosion control standards. The project is also conditioned
to require detention of stormwater on site, to the maximum extent reasonably feasible.
This finding maybe made in the affirmative.
(g) Design policies and techniques. The proposed project conforms to the applicable design
policies and techniques in the Residential Design Handbook as described in the findings
above.
NOW, THEREFORE, the City Council of the City of Saratoga does hereby resolve as
follows:
Section 1. After careful consideration of the testimony received, site plan, architectural
drawings, plans and other exhibits submitted in connection with this matter, the appeal is denied
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and application number PDR07-0016 for Design Review Approval is hereby granted subject to
the following conditions:
PERMANENT CONDITIONS OF APPROVAL
Prior to issuance of final zoning clearance, the applicant shall record a deed restriction
containing the following permanent conditions of approval:
1. The window in the master bedroom facing west shall have obscure glass.
2. The bay window located on the rear facade may have glass only on the rear wall. The
sides of the bay window shall not have windows.
3. Screening as approved by City Council on August 25, 2008 shall be installed prior to
issuance of final occupancy for the residence and shall be maintained in perpetuity unless
alternative screening is approved by Planning Commission following a public hearing.
COMMUNITY DEVELOPMENT
4. The proposed home shall be constructed as shown on Exhibit "A" incorporated by
reference and provided to Council for the August 25, 2008 meeting.
5. The home shall have exposed rafters on all facades.
6. Elevation points on plans submitted to the building department shall reflect proposed top-
mostpoint consistent with approved elevation drawings.
7. A maximum of one wood-burning fireplace shall be permitted.
8. No HVAC mechanical equipment shall be allowed between the lot line and any required
front, side or rear setback line.
9. Four sets of complete construction plans incorporating this Resolution shall be included
on the plans submitted to the Building Division for permit plan check review.
10. Exterior lighting shall be positioned so as to not shine into or on adjacent properties.
11. Solid fencing along the western and eastern property lines shall be installed as shown on
the landscaping plan.
12. Final landscape, irrigation and utility plans shall be incorporated into the construction
plan set and shall take into account the following requirements:
• Landscaping plan shall include landscaping to screen adjacent properties where
feasible and said plan is subject to review and approval by City Arborist.
• Landscape plan shall be designed with efficient irrigation to reduce runoff, promote
surface infiltration and minimize use of fertilizers and pesticides that can contribute
to water pollution.
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• Where feasible, landscaping shall be designed and operated to treat storm water
runoff by incorporating elements that collect, detain and infiltrate runoff. In areas
that provide detention of water, plants that are tolerant of saturated soil conditions
and prolong exposure to water shall be specified.
• Pest resistant landscaping plants shall be considered for use throughout the
landscaped area, especially along any hardscape area.
• Plant materials selected shall be appropriate to site specific characteristics such as
soil type, topography, climate, amount and timing of sunlight, prevailing winds,
rainfall, air movement, patterns of land use, ecological consistency and plant
interactions to ensure successful establishment.
• Existing native trees, shrubs, and ground cover shall be retained and incorporated
into the landscape plan to the maximum extent possible.
• A note shall be included on the site plan stating that no construction equipment or
private vehicles shall park or be stored within the dripline of any ordinance protected
trees on the site.
13. Any changes to the approved plans must be submitted in writing with a clouded set of
plans highlighting the changes. No downgrading in the exterior 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
materials, etc. Proposed changes to the approved plans are subject to the approval of the
Community Development Director and may require review by the Planning Commission.
14. 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."
15. A storm water retention plan indicating how storm water will be retained on-site to the
maximum extent feasible, and incorporating the New Development and Construction -
Best Management Practices, shall be submitted along with the complete construction
drawings. If all storm water cannot be retained on-site due to topographic, soils or other
constraints, an explanatory note shall be provided on the plan.
16. Water and/or runoff from the project site shall not be directed toward the adjacent
properties.
17. All processing fees, in the form of deposit accounts on file with the community
development department, shall be reconciled with a minimum $500 surplus balance at all
times. In the event that the balance is less than $500, all staff work on the project shall
cease until the balance is restored to a minimum of $500.
CITY ARBORIST
18. All recommendations contained in the City Arborist Report dated February 21, 2008 and
August 19, 2008 shall be followed, provided, however, the shrubs used shall be those
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recommended by the Arborist and approved by City Council at the public hearing on
August 25, 2008. These shrubs are Photinia fraseri and Buddleia davidii.
19. Tree protective measures, as specified by the City Arborist, shall be installed and
inspected by Staff prior to issuance of City Permits.
20. 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 100% of the
value of all protected trees to guarantee the maintenance and preservation of trees.
21. 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.
FIRE DEPARTMENT
22. The applicant shall comply with all Fire Department conditions.
CITY ATTORNEY
23. 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 or Federal Court,
challenging the City's action with respect to the applicant's project.
[The remainder of this page is intentionally blank.]
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Section 2. Construction must commence within thirty-six (36) months 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 of Saratoga City Council, State of California, on the 25th
day of August 2008 by the following roll call vote:
AYES: Councilmember Jill Hunter, Aileen Kao, Kathleen King, Vice Mayor
Chuck Page, Mayor Ann Waltonsmith
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
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Ann Walton~~-sL!!mith
Mayor
ATTEST:
Ann
Acting City Clerk
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 writing, by the Applicant, and Property Owner or
Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions
and agrees to fully conform to and comply with said terms and conditions.
CU ~c.~ r~
erty Owner or Authorized
Date
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