HomeMy WebLinkAboutCity Council Resolution 06-001RESOLUTION NO. 06-001
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA GRANTING THE APPEAL
THEREBY APPROVING
DESIGN REVIEW APPLICATION 04-379
Tran; 20840 Fourth Street
WHEREAS, on November 23, 2005, the City of Saratoga Planning Commission denied
a design review application 04-379 to construct atwo-story single-family residence. The project
includes the demolition of an existing one-story residence. The total floor area of the proposed
residence will be 2,449.4 square feet, with a 1,454 square foot basement. The maximum height
of the proposed residence will be 23 feet; and
WHEREAS, on December 1, 2005, the applicant, Kiet Tran, filed an appeal of the
Planning Commission's denial of design review application 04-379; and
WHEREAS, on January 18, 2006 the City Council held a public hearing to consider the
application at which time all interested parties were given a full opportunity to be heazd 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 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:
(a) Avoid unreasonable interference with views and privacy. There are ample locations
along the streetscape and from adjacent properties where views of both the hillside and
ridgeline are maintained. The impacts are not unreasonable for the property across the street
because the views are not significantly impacted from the majority of locations on the
property.
The project has been designed to minimize the privacy impacts to the adjacent property to the
west. Features to mitigate privacy concerns include minimal building height for atwo-story
structure, obscure windows on the second-story with the exception of the rear window and
proposed planting of six 15-gallon Cazolina Cherry trees for landscape buffering.
(b) Preserve Natural Landscape. The project vicinity is characterized by smaller-sized
parcels, the majority of which range from 7,500 sq. ft. to 10,000 sq. ft. Higher density
condominiums aze located in the vicinity of the site, which is within walking distance to
downtown Big Basin Way. As such, there is very little natural landscape for preservation
since this area is urbanized.
(c) Preserve Nutive and Heritage Trees. No native or heritage trees are proposed for
removal. Anon-native ordinance-sized tree (Juniper) is proposed for removal.
(d) Minimize perception of excessive bulk. Areas of maximum height are minimized with
interior ceiling heights of 8-9 feet. Elevations are softened using different materials
including shingles and horizontal siding. The proposed horizontal siding minimizes the
perception of height. The roofline is varied in height and form. Large wall expanses are
avoided and large attic spaces are avoided. The fapade is accentuated with shutters, gable
dormers, shingled gable ends, and a window flower box.
(e) Compatible bulk and height. The project vicinity is a mixture of one and two-story
residences. The second-story is stepped back from the first story building lines and the
hipped rooflines minimize bulk to blend with the scale of the neighborhood.
(~ Current grading and erosion control methods. The proposal will conform to the City's
current grading and erosion control methods.
(~ 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 avoiding
unreasonable interference with privacy and views and minimizing bulk as detailed in the
findings above and this staff report.
Section 1. After cazeful consideration of the site plan, architectural drawings, plans and other
exhibits submitted in connection with this matter, application number 04-379 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 and date stamped November 15, 2005.
2. Four sets of complete construction plans incorporating this Resolution and the Arborist
Report, dated March 23, 2005 shall be included on the plans submitted to the Building
Division for permit plan check review.
3. The property owner shall work with planning staff and neighbors at 20850 Fourth Street
regarding the selection of the species and size of screening trees to be planted at the side
yard of the subject property (adjacent to 20850 Fourth Street). These trees shall be
planted prior to final building inspection approval.
4. Front yard landscaping shall be installed prior to final occupancy inspection. A landscape
bond maybe submitted along with the applicable filing fee in lieu of this requirement.
5. 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.
6. 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."
7. A grading and drainage plan combined with 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, shall be submitted along with the complete
construction drawings.
8. The applicant or his designated representative shall apply for and secure a grading permit
if deemed necessary.
9. Water and/or runoff from the project site shall not be directed toward the adjacent
properties.
10. Pest resistant landscaping plants shall be considered for use throughout the landscaped
area, especially along any hardscaped area.
11. 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.
12. Existing native trees, shrubs, and ground cover shall be retained and incorporated into the
landscape plan to the maximum extent possible.
13. Proper maintenance of landscaping, with minimal pesticide use, shall be the
responsibility of the property owner.
14. 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 $500.
CITY ARBORIST
15. All recommendations contained in the City Arborist Report dated Mazch 23, 2005 shall
be followed.
16. Tree protective fencing and other protective measures, as specified by the City Arborist
in review of the final plans, shall be installed and inspected by Planning Staff prior to
issuance of City Permits.
17. 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 $16,800
pursuant to the March 23, 2005 Arborist Report the value of all retained trees to
guarantee their maintenance and preservation.
18. All proposed landscaping and approved fencing shall be installed prior to Final Building
Inspection approval.
19. 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.
PUBLIC WORKS
20. An encroachment permit shall be obtained for any improvements in the City right-of-
way prior to commencement of construction.
GEOTECHNICAL CLEARANCE
21. 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 the building foundation and driveway) to ensure that the plans,
specifications and details accurately reflect the consultants' recommendations.
22. 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 prior to issuance of
permits.
23. 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.
24. The results of these inspections and the as-built conditions of the project shall be
described by the geologic and geotechnical consultants in a letter(s) and submitted to the City
Engineer for review and approval prior to Final Project Approval.
25. The owner (applicant) shall pay any outstanding fees associated with the City
Geotechnical Consultant's review of the project prior to issuance of a building permit.
FIRE DEPARTMENT
26. The applicant shall comply with all Fire Department conditions.
CITY ATTORNEY
27. 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 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.
PASSED AND ADOPTED by the City Council of Saratoga. State of California, the 18th day of
January 2006 by the following roll call vote:
AYES: Councilmembers Kathleen King, Nick Streit, Mayor Norman Kline
NOES: Councilmember Ann Waltonsmith, Vice Mayor Aileen Kao
ABSENT: None
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ABSTAIN: None
Norm n ine, Mayor
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ATTEST: ~ ~ ~~-~,
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Cathleen Boyer, CMC !' ~
City Clerk