HomeMy WebLinkAboutCity Council Resolution 04-067RESOLUTION N0.04-067
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
DENYING THE APPEAL OF THE CONDITIONAL APPROVAL OF DESIGN
REVIEW APPLICATION #03-245
15301 Peach Hill Road
Property owner: Tony Massie
WHEREAS, the City Council of the City of Saratoga has received an appeal of
the Planning Commission approval of Design Review Application #03-245 located at
15301 Peach Hill Road for the construction of a one-story secondary dwelling unit; and
WHEREAS, on June 9, 2004 the Planning Commission held a duly noticed Public
Hearing where the above project was approved and appealed to the City Council. On
August 4, 2004 the City Council held a duly noticed Public Hearing 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 upheld the determination and findings of the
Planning Commission approval of Design Review Application #03-245; and
WHEREAS, the proposed project consisting of construction of a new secondary
unit 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; and
WHEREAS, the applicant has met the burden of proof required to support said
application for design review approval, and the findings specified in Municipal Code
Section 15-45.080 and the following City's Residential Design Handbook have been
determined:
(a) Avoid unreasonable interference with views and privacy. The maximum height
of the proposed secondary dwelling unit is 14 feet 6 inches. No windows are
proposed on the North elevation.
(b) Preserve Natural Landscape. Since the building site is flat, minimal grading is
proposed. The proposed secondary dwelling unit will be in keeping with the
general appearance of the site and neighborhood.
(c) Preserve Native and Heritage Trees. No trees are proposed for removal. No
trees are located in the vicinity of the footprint of the proposed secondary
dwelling unit. Mature trees are located throughout property, but primarily
along the periphery.
(d) Minimize perception of excessive bulk. The proposed secondary dwelling unit is
one-story, approximately 600 square feet, and less than 15 feet in height. It
includes a hipped roof to minimize bulk. Architectural details such as arches,
columns, cobble stone accents, divided light windows, and a chimney break up
building lines, create architectural interest, and reduce mass and bulk. The
secondary dwelling unit is situated far back from Peach Hill Road and will be
surrounded by existing trees, as well as new landscaping. The use of stucco and
a slate tle roofing in earth tone colors will blend with the natural environs.
(e) Compatible bulk and height. By definition, the proposed secondary dwelling
unit is physically incidental and subordinate to the main structure on the site and
other residences in the vicinity.
(f) Current grading and erosion control methods. The proposal shall conform to the
City's current grading and erosion control standards.
(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 compatble bulk, and avoiding unreasonable interference with privacy
and views as detailed in the findings above and staff report.
WHEREAS, CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1094.6
GOVERNS ANY JUDICIAL REVIEW OF THIS DECISION, AND EACH APPLICANT AND
EACH APPELLANT IS HEREBY NOTIFIED THAT IF SUCH APPLICANT OR APPELLANT
INTENDS TO SEEK JUDICIAL REVIEW, THE DEADLINE FOR ANY SUCH COURT
ACTION IS NOT LATER THAN THE 90T'i DAY FOLLOWING THE DATE ON WHICH
THIS DECISION BECAME FINAL (THIS DECISION SHALL BECOME FINAL ON THE
DATE THAT NOTICE OF THE DECISION IS MAILED TO THE APPLICANT AND ANY
APPELLANT).
Date Resolution Mailed to Applicant and any Appellants:
NOW, THEREFORE, the City Council of the City of Saratoga does hereby find, decide
and resolve as set forth in the recitals above and as follows:
Section 1. After careful consideration of the site plan, architectural drawings, plans and
other exhibits submitted in connection with this matter, Application No. 03-245 for
design review approval is hereby granted subject to the following conditions:
COMMUNITY DEVELOPMENT
1. 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 plans showing the changes and are subject to the Community
Development Director's approval.
2. The following shall be included on the plans submitted to the Building Division for
the building and grading permit plan check review process:
a. Four (4) sets of complete construction plans incorporating this Resolution as a
separate plan page and containing the following:
i. The site plan shall be stamped and signed by a Licensed Land
Surveyor.
ii. The site plan shall contain a note with the following language: "Prior to
foundation inspection by the City, the RCE or LLS of record shall provide
a written certification that all building setbacks are per the approved
plans."
3. FENCING REGULATIONS - No fence or wall shall exceed six feet in height and no
fence or wall located within any required front yard shall exceed three feet in height.
Any existing fences or walls not meeting the zoning ordinance standards shall be
removed prior to the project being final.
4. A storm water retention plan indicating how all storm water will be retained on-site,
and incorporating the New Development and Construction -Best Management
Practices. 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.
5. 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.
6. 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.
7. The height of the structure shall not exceed 14 feet, 6 inches as defined in Section 15-
06.340 of the City Zoning Code.
8. Evergreen landscape screening including trees and/or shrubs shall be installed to
buffer views of the structure for the neighbor at 15288 Peach Hill Road and to
balance the needs of Dr. Johnson, at 15277 Peach Hill Road, for screening while
maximizing her access to light, air and views. All landscaping shall be installed prior
to final occupancy inspection.
9. The applicant shall record a deed restriction for the secondary dwelling unit that
restricts it so that it may only be rented to below market rate households prior to
Building Permit issuance.
10. Staff shall coordinate with the applicant and appellant regarding the following:
possible installation of retaining walls, additional landscape screening, and a
reduction of pathways in the applicant's rear yard. All conditions shall be met prior
to final occupancy inspection for the second dwelling unit.
11. The fireplace shall not be wood burning.
FIRE DISTRICT
12. Applicant shall comply with all Fire Department conditions.
GEOTECHNICAL CLEARANCE
13. The Project Geotechnical Consultant shall review and approve all geotechnical
aspects of the final development plans (i.e., site preparation and grading, site drainage
improvements and design parameters for foundations, walls and swimming pool) to
ensure that the plans, specifications and details accurately reflect the consultants'
recommendations.
The Project Geotechnical Consultant shall consider the benefits of removing the
distressed concrete swale (if no longer needed due to new site improvements), if
there is a potential for adverse drainage or infiltration due to its lack of
effectiveness or distressed condition.
The results of the plan review shall be summarized by the Project Geotechnical
Consultant in a letter(s) and submitted to the City Engineer for review and
approval prior to issuance of permits.
14. 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
prior to placement of fill, steel and concrete.
The results of these inspections and the as-built conditions of the project shall be
described by the geotechnical consultant in a letter(s) and submitted to the City
Engineer for review and approval prior to Final Project Approval.
The owner (applicant) shall pay any outstanding fees associated with the City
Geotechnical Consultants review of the project prior to project Zone Clearance.
15. 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.
CITY ATTORNEY
16. 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.
Section 2. A Building Permit must be issued and construction commenced within 36
months from the date of adoption of this Resolution 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 Council of the City of Saratoga, State of
California, the 4th day of August 2004 by the following roll call vote:
AYES: Mayor Ann Waltonsmith, Vice Mayor Kathleen King,
Councilmembers Stan Bogosian, Norman Kline, Nick Streit
NOES: None
ABSENT: None
ABSTAIN: None
~ ~~..~1
Ann Waltonsmith, Mayor
PROOF OF SERVICE
I certify and declare as Follows:
I am over the age of 18, and not a party to this action. My business address is City of Saratoga, 13777
Fruiivale Avenue, Saratoga, CA 95070, which is located in Santa Clara County where the service described below
took place.
I am familiar with the business practice at my place of business for the collection and processing of
correspondence for mailing with the United States Postal Service. Correspondence so collected and processed is
deposited with the United States Postal Service that same day in the ordinary course of business.
On ,the following document(s):
1. RESOLUTION CONTAINING FINDINGS AND DECISION BY CITY COUNCIL
REGARDING DENIAL OF AN APPEAL BY Sarita Kay Tohnson Frederick OF 15277 Peach
Hill Road FOR DESIGN REVIEW APPROVAL AT 15301 Peach Hill Road.
was placed for deposit in the United States Postal Service in a sealed envelope, with postage fully paid to:
APPELLANT: Sarita Kay Johnson Frederick
APPLICANT: Tony Massie
I certify and declare under penalty of perjury that the forgoing is true and correct.
Dated:
Christy Oosterhous, Associate Planner
City Community Development Department