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HomeMy WebLinkAboutCity Council Resolution 08-073RESOLUTION NO. 08-073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING AN APPEAL; THEREBY REVERSING THE PLANNING COMMISSION'S DENIAL OF DESIGN REVIEW APPLICATION PDR 07-0008 Brennan; 18605 Lyons Court Approval of a second-story addition to an existing one-story residence with attached garage WHEREAS, on October 8, 2008, 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 denied a Design Review application (PDR-07-0008) to construct a 587 square foot second story addition and a 260 square foot first-story addition to an existing 2,189 square foot residence at height of 22.25 feet, situated on a 8,150 square foot lot located at 18605 Lyons Court, which is located in the R-1-10,000 district; and WHEREAS, on October 9, 2008 an appeal of the Planning Commission decision was filed by the applicants Tom and Sheila Brennan; and WHEREAS, on November 19, 2008 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, 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. Approves the appeal and reverses the Planning Commission's denial of the Design Review application; and IL Determines that the proposed project including the construction second story addition is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303(c) New Construction or Conversion of Small Structures. This exemption allows for construction of asingle-family home in an urban area. III. Determines that the applicant has met the burden of proof required to support said application for design review approval, and the following findings specified in Saratoga Municipal Code Section 15-45.080 and the City's Residential Design Handbook have been determined: a) Avoid unreasonable interference with views and privacy. The project meets this finding in that the second story addition has been designed to be forward of the proposed ridgeline with no windows facing the rear or side properties, ample setbacks are provided and the addition will not exceed 22.25 feet in height. The only decks proposed will face the street and will be partially blocked by the roof projection, windows have been placed at the front of the house to minimize impacts to neighbor's privacy. This finding can be made in the affirmative. b) Preserve Natural Landscape. No grading or topographical changes are proposed for this project and the mature trees located in the front and rear yard will remain and will be protected with fencing during the construction process in accordance with the City Arborist's recommendations. This finding can be made in the affirmative. c) Preserve Native and Heritage Trees. The proposed second story addition is consistent with this finding in that no native or Heritage trees will be removed and all the recommendations of the Arborist report have been made conditions of project approval to ensure a high degree of survival for all of the trees on site. The trees will be protected during the construction process with tree fencing and the applicant will be required to post a tree bond prior to issuance of City permits, to ensure that no damage occurs to the protected trees. This finding can be made in the affirmative. d) Minimize the perception of excessive bulk. The proposed second story addition is designed to minimize the appearance of bulk by keeping the height at 22.25 feet, well under the maximum allowable height of 26 feet. The proposed second floor area is approximately 25 percent of the size of the first floor, which limits the perception of bulk by keeping the second floor relatively small. The architectural massing and Craftsman style of the home will further reduce the overall appearance of bulk. Additionally decorative elements, materials and a varied roofline will create interest and add detail to the facade. This finding can be made in the affirmative. e) Compatible bulk and height. The proposed second story addition is compatible in terms of size and height to other homes in the neighborhood. Although there are no other two-story homes in the immediately adjacent cul-de-sac the proposed home will be in keeping with other two-story homes in the surrounding neighborhood. At a height of 22.25 feet the proposed addition will also be in keeping with other single story homes (ranging from 16 feet to 18) in the neighborhood. This finding can be made in the affirmative. f) Current grading and erosion control methods. The proposed second story addition would conform to the City's current grading and erosion control methods. The applicant is required to maintain stormwater on site where feasible and this finding can be made in the affirmative. g) Design policies and techniques. The proposed second story addition conforms to the applicable design policies and techniques in the Residential Design Handbook in teens of compatible bulk, and avoiding unreasonable interference with privacy and views as detailed in the findings above. The project has taken energy efficiency and the neighbor's privacy into account, through; green building techniques, second story design and height, window placement, and additional plantings for privacy screening. This finding can be made in the affirmative. IV. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, the exemption from CEQA is approved, the required findings are made and application number 07-0008 for Design Review approval is hereby granted subject to the following conditions: PERMANENT CONDITIONS OF APPROVAL -None COMMUNITY DEVELOPMENT 1. The proposed home shall be located and constructed as shown on "Exhibit A", (incorporated by reference, plans date stamped November 10, 2008 and presented to the City Council on November 19, 2008 on file in the Community Development Department) and in compliance with the conditions stated in this Resolution. 2. Any proposed changes-including but not limited to facade design and materials - to the approved plans shall 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. 3. The project shall use materials and colors as illustrated on the Finish Materials Board dated stamped November 19, 2008. 4. Four sets of complete construction plans incorporating this Resolution as a separate plan page shall be submitted to the Building Division. 5. 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." 6. A stormwater retention plan shall be submitted to the City for review and approval indicating how all storm water will be retained on-site to the maximum extent feasible, and incorporating the New Development and Construction - Best Management Practices. If all storm water cannot be detained on-site due to topographic, soils or other constraints, an explanatory note shall be provided on the Approve Plans and subject to prior City approval. 7. Water and/or runoff from the project site shall not be directed toward the adjacent properties. 8. In lieu of the two oak trees shown on Exhibit A, rear yard landscaping shall include two trees that will be conducive to growing next to a swimming pool as approved by the Community Development Director. All landscaping shall be installed prior to final occupancy inspection. 9. Final landscape, irrigation and utility plans shall be incorporated into the construction plan set and shall take into account the following requirements: • 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. • 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 hadscape 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. 10. A maximum of one wood-burning fireplace per residential structure may be installed. All other fireplaces shall be gas-f red fireplaces (natural or proposed) with gas jets, direct venting, convection chambers, heat exchanger, variable heat output, and flame control, and permanently affixed artificial logs. 11. Exterior lighting shall be positioned so as to not shine into or on adjacent properties. CITY ARBORIST 12. The entire reports of September 19, 2007 and August 4, 2008, including the map showing the location of the tree and protective fencing, shall be incorporated into the set of final building plans. 13. Tree protective fencing shall be installed as shown on the attached map and established prior to any grading or the arrival of construction equipment or materials on site. It shall be comprised of six-foot high chain link fencing mounted on eight- foot tall, two-inch diameter galvanized posts, driven 24 inches into the ground and spaced no more than 10 feet apart. Once established, the fencing must remain undisturbed and be maintained throughout the construction process until final inspection. 14. Owner shall provide a tree protection bond, in the amount of $3,780, prior to obtaining building division permits. The bond shall remain in place for the duration of the construction project to ensure the protection of the trees. Once the project has been completed, inspected by the City Arborist, and the trees are found to be in good condition following construction, the bond can be released. 15. Unless otherwise approved, all construction activities must be conducted outside the designated fenced area (even after fencing is removed). These activities include, but are not necessarily limited to, the following: demolition, grading, trenching, equipment cleaning, stockpiling and dumping materials (including soil fill), and equipment/vehicle operation and parking. 16. Tree shall be watered every three weeks during the dry summer months or more often as necessary to ensure their continued good health. Water using a soaker hose or drip line midway between the trunk and the edge of the canopy. Use enough water so that the soil is moist to a depth of one foot deep. 17. Any approved grading or trenching beneath the tree's canopy shall be manually performed using shovels. 18. If landscaping will occur, design the plans as follows: a. Design irrigation so that it does not spray trunks of trees. Install valve boxes and controllers outside of tree canopies. b. Select plants that have similar water requirements to the trees under which they will be placed. c. Lawn should remain at least two feet from a tree trunk. Do not install lawn under the canopy of an oak tree. I recommend placing mulch under the canopy instead of a lawn. d. Design topdressings so that stones or mulch remain at least one foot from the trunks of retained trees. e. Do not allow tilling or stripping of the topsoil beneath the trees' canopies. f. Establish edging material proposed beneath the trees' canopies on top of existing soil grade using stakes. 19. Any pruning of trees on site must be performed under the supervision of an ISA Certified Arborist and according to ISA standards. 20. The disposal of harmful products, including but not limited to chemicals, paint rinse water, fuel, cement rinse water, herbicides, or other materials, is prohibited beneath tree canopies or anywhere on site that allows drainage beneath tree canopies. PUBLIC WORKS 21. An encroachment permit issued by the Public Works Department is required for all improvements in any portion of the public right of way or of a public easement. FIRE DEPARTMENT 22. The applicant shall comply with all requirements of the Santa Clara County Fire Department. CITY ATTORNEY 23. Owner and Applicant shall indemnify, hold harmless and defend the City, its employees, agents, independent contractors and volunteers (collectively "City") from any and all costs and expenses, including but not limited to attorney's fees incurred by the City or held to be the liability of City in connection with City's defense in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the applicant's project or contesting any action or inaction in the City's processing and/or approval of the subject application. V. A Building Permit must be issued and construction commenced within 36 months from the date of adoption of this Resolution or approval will expire. VI. All applicable requirements of the State, County, City and other Governmental entities must be met. PASSED AND ADOPTED by the City Council of Saratoga, State of California, this 19th day of November, 2008 by the following roll call vote: AYES: Councilmember Jill Hunter, Kathleen King, Vice Mayor Chuck Page, Mayor Ann Waltonsmith NOES: None ABSENT: Councilmember Aileen Kao ABSTAIN: None ~/, l z~~^ ~~^ Ann Waltonsmith, Mayor ATT ST: Arm Sullivan, 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 within the recommended time frames approved by the City Planning Commission. roperty Owne or Authorized Agent l/~~~~0~ Date