HomeMy WebLinkAboutCity Council Resolution 2065 RESOLUTION NO. ~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA UP~]OLDING A DECISION OF THE PLANNING
COMMISSION AND GRANTING VARIANCE APPROVAL FOR
V-604 AND TENTATIVE BUILDING SITE APPROVAL FOR
SDR-1533
WHEREAS, the applicants, James and Michael Foley, have
requested Variance Approval and Tentative Building Site Approval
for a 3-lot subdivision on Monte Vista Drive; and
WHEREAS, on February 23, 1983· and March 9, 1983· the Plan-
ning Commission held a public hearing on applicants' request for
Variance and Tentative Building Site Approval and after said
public hearing approved said request; and
WHEREAS, appellant, Tom Coe, has appealed the Planning
Commission's decision to the City Council; and
WHEREAS, on May 18, 1983, the City Council held a de novo
public hearing and after the closing of said public hearing
reviewed and considered the appellant's request, staff reports,
and other evidence, both written and oral, presented to the
Council during said public hearing;
NOW, THEREFORE, the City Council of the City of Saratoga at
its May 18, 1983, meeting by a unanimous vote by Councilmembers
Callon, Clevenger, Fanelli, Mallory and Moyles did resolve as
follows:
1. The appellant' s appeal from the Planning Commission was
denied and the decision of the planning Commission was upheld.
2. Variance V-604 and Building Site Approval for SDR-1533
were approved, per the findings and conditions for approval in the
amended Staff Report dated February 4, 1983. A copy of said Staff
Report is attached hereto.
The above and foregoing resolution was passed and adopted at
a regular meeting of the City Council of the City of Saratoga held
on the 1st day of June 1983, by the following vote:
A YES: Councilmembers Clevenger · Fanelti, Moyles, Mayor Callon
NOES: None
ABSENT: Councilmember M~ry
ABSTAIN: None .
Mayor
ATTEST:
City Clerk 0
REPORT TO PLANNING COMMISSION
**Amended 3/9/83
'.'- - ~' *Revised 3/2/83
~!p~,~,;=~ · ~ DATE: 2/4/83
., '~: ~_..~;~-~?;~_~~,~~ Commission Meeting: 3 / 9/83
SUBJECT: SD~-1533 ~ames & Z~chael Ebley, 18927 Nonte V~sta !:~&ve
~entat~ve Bu~l~_ng S~te AR~vaZ - 3 lots
I~Q~gST: A~D~oval o~ a ~ent~t~ve Hap ~o~ 3 lots ~th access
~onte V&sta D~ve and Sobey Road.
OTHgR A~OV~S REQUI1R~D: Va=~ance to cont~nQe ex~st&n9 ~a:a~e
'~"'0' s&de setbacks ~he~e 20' ~s ~e~&~ed and 23' ~ea~ya~d setback
~he~e 50' &s
PLANNING D~TA:
* PARCEL SIZE: Total (including property from Johnson's) - 3.3 acres
Lot A 51,020
Lot B 41,354 (excludes min. access road)
Lot C 46,200
GENERAL PLAN DESIGNATION: Very Low Density
ZONING: R-1-40,000
* LOT YIELD: 2.64 lots allowed rounded up to 3.
SITE DATA:
SURROUNDING LAND USES: Very Low Density Residential
* SITE SLOPE: 16.2%
* SLOPE OF PROPOSED LOT: Parcel A 18.1%
Parcel B 13.7%
Parcel C 16.5%
NATURAL FEATURES & VEGETATION: Orchard and grasslands with
some signifi6an"~ trees around the existing house.
Report to Planning Commission Page 2
SDR-1533 3/2/83
PROJECT CONSIDERATIONS:
* HISTORY: The applicants are proposing to split a 3.3 acre parcel
which includes a portion of the neighboring property (Johnson).
A barrier has been constructed on Monte Vista Drive so that through
public access does not exist with a 1' strip reserved to the City.
This parcel takes access from the private portion of Monte Vista
Drive but has the option to take access from the public portion
on the southerly side of the barrier. The applicants propose 2
lots (including that with the existing residence) to take access
from the public portion of Monte Vista which would reduce the
lots taking access from the private road by one. (The neighbors,
the Johnsons, hope to take advantage of this reduction by splitting
their lot and adding one additional home to the private road).
The application's third lot would take access from Sobey Road
from an easement on which 3 homes presently take access.
Two lots of record are located on the proposed site, although
a swimming pool straddles the common property line.
SETBACKS: Existing garage requires a variance for its 23' rear and
10' side setbacks.
,DRIVEWAY & CIRCULATION: The applicants are proposing to revise the
access for the existing house to Montewood/Monte Vista. Thus the
access for the 3 lots is: one residence from Sobey Road, and two
from Montewood/Monte Vista. The Staff Report conditions an emergency
access to E1 Camino Grande from Monte Vista. The access from Montewood/
Monte Vista is located along an existing easement partially on the
property to the south. Standard conditions would require a cul-de-sac
at the end of Monte Vista Drive (at the barrier) but the aggreement
on this barrier may preclude this condition.
GEOLOGY: Cotton has recommended this application for your action.
(~attached)
, ADDITIONAL CONCERNS OR COMMENTS~. Each net lot is required to contain
40,000 square feet of site area, (which is to now be exclusive of
minimum access road). The slope density calculations, however, include
the entire parcels to be subdivided. The applicants' map has now been
revised to show that they have required site area. However, with a
condition for a cul de sac at the end of Monte Vista, the site area
would then be less than the required amount.
VARIANCE FINDINGS:
1. The property has no physical hardship associated with it for
location of the garage since there are viable option for its
relocation.
2. Exceptional circumstance applying to the lot and setbacks relate
to the construction of the garage done with a permit from the
City in 1957, allowing the 10' side setback. Privacy impacts
caused by the side setback of the garage are minimal since it's
elevation is lower than the adjoining property. The 23' setback
Report to Planning Commission~'~ page 3
SDR-1533 3/2/83
in the~rear is caused by a new proposed lot line (where 50' is
required).
3. Denial of this variance for the garage would not deprive the
applicant of the right to develop the property similar to others
classified in the same zoning district since there are viable
options.
4. The granting of this variance would not be a grant of special
privilege since exceptional circumstances exist.
5.The use will not be detrimental to the community or injurious
to the properties in the vicinity.
RECOMMENDATION:
*Staff recommends denial of the variance for the garage setbacks since
all of the required findings cannot be made; and denial of the sub-
division application since the reauired site area is not adequate
inParcel "B".given the standard practice of requiring a cul de sac
at the end of Monte Vista Drive. A denial of the map is required if
the Commission makes one or more of the following findings:
(a) That the proposed map is not consistent with applicable general
and specific plans as specified in Section 65451.
(b) That the design or improvement of the proposed subdivision is
not consistent with applicable general and specific plans.
(c) That the site is not physically suitable for the type of
development.
(d) That the site is not physically suitable for the proposed den-
si~y of development.
(e) That the design of the subdivision of the proposed improvements
are likely to cause substantial environmental damage or sub-
stantially and avoidably injure fish or wildlife or their
habitat.
(f) That the design of the subdivision or type of improvements is
likely to cause serious ipublic health problems.
(g) That the design of the subdivision or the type of improvements
will conflict with easements, acquired by the public at large,
for access through or use of, property within the proposed
subdivision.
, DRAFT PROJECT STATUS: If the Commission determines that the cul-
~'~sa~ at Montewood is not necessary, the following findings and
conditions are recommended:
Said project complies with all objectives of the 1974 General Plan
and all requirements of the Zoning and Subdivision Ordinances of the
City of Saratoga.
Report to the Planni .ommission ~ ~ Page 4
SDR-1533 3/2/83
The housing needs of the region have been considered and have been
balanced against the public service needs of its residents and avail-
able fiscal and environmental resources.
Any approval of the tentative map for SDR-1533 (Exhibit "B -1" filed
March 2, 1983) ~ should be subject to the following conditions:
I. GENERAL CONDITIONS
Applicant shall comply with all applicable provisions of Ordinance
No. 60, including without limitation, the submission of a Record
of Survey or parcel map; payment of storm drainage fee and park
and recreation fee as established by Ordinance in effect at the
time of final approval; submission of engineered improvement plans
for any.street work; and compliance with applicable Health Department
regulations and applicable Flood Control regulations and requirements
of the Fire Department. Reference is hereby made to sa~d Ordinance
for further particulars. Site approval in no way excuses compliance
with Saratoga's Zoning and Building Ordinances, nor with any other
Ordinance of the City. In Conditions which are hereby required and
set forth in accord with Section 23.1 of Ordinance No. 60.
II. SPECIFIC CONDITIONS - COMMUNITY DEVELOPMENT DEPARTMENT
A. Pay Storm Drainage Fee in effect at the time of obtaining
Final Approval.
B. Submit "Parcel Map" to City for Checking and Recordation
(Pay required Checking & Recordation Fees).
* * C. Construct Storm Drainage System as shown on the "Master
Drainage Plan" and as directed by the City Engineer, as needed
to convey storm runoff to Street, Storm Sewer or Watercourse,
.............. withspecific~attention on access to Sobey Road.
, * D. Construct Access Road 18 ft. wide plus 1 ft. shoulders using
double seal coat oil and screenings or better on 6 in. aggregate
base from Sobey Road to within 100 ft. of proposed dwelling.
Slope of access road shall not exceed 12½% without adhering
to the following:
1. Access roads having slopes between 12~% and 15% shall be
surfaced using, 2½% and 15% shall be surfaced using, 2~ in.
Asphalt Concrete on 6 in. Aggregate Base.
2. Access roads having slopes between 15% and 17½% shall be
surfaced using 4 in. of P.C.C. Concrete rough surfaced using
4 in. Aggregate Base. Slopes in excess of 15% shall not ex-
ceed 50 ft in length.
3. Access roads having slope in excess of 17½% are not permitted.
a. The minimum inside curve radius shall be 42 ft.
b. The minimum vertical clearance above road surface shall
be 15 ft.
c. Bridges and other roadway structures shall be designed tc
sustain 35,000 lbs. dynamic loading.
d. Storm Runoff shall be controlled through the use of
culverts and roadside ditches.
Report to Planning Commission Page 5
SDR-1533 3/2/83
E. Construct turnaround having 32 ft. radius or approved equal
using double seal coat oil and screenings or better on 6 in.
aggregate base within 100 ft. of proposed dwelling.
F. Construct Standard Driveway Approach
G. Construct "Valley Gutter" across driveway or pipe culvert under
driveway as approved by the City Engineer.
H.Provide adequate sight distance and remove obstructions of view
as required at driveway and access road intersections.
I. Watercourses must be kept free of obstacles which will change,
retard or prevent flow.
J. Protective Planting required on roadside cuts and fills.
K. Engineered Improvement Plans required for:
1. Storm Drain Construction
2. Access Road Construction
L. Pay Plan Check and Inspection Fees as determined from Improvement
Plans.
M. Enter into Improvement Agreement for required improvements to be
completed within one (1) year of receiving Final Approval.
N. Post bond to guarantee completion of the required improvements.
O. Emergency Access Gate at north end of Monte Vista Drive.
III. SPECIFIC CONDITIONS- DEPARTMENT OF INSPECTION SERVICES
A. Plans to be reviewed by geotechnical consultant prior to building
permit being issued.
B. Detailed on-site improvement plans showing:
1. Grading (limits of cuts, fills; slopes, cross-sections,
existing and proposed elevations, earthwork quantities).
2. Drainage details (conduit type, slope, outfall, location, etc.)
3. Retaining structures including design by A.I.A. or R.C.E.
for wall 3 feet or higher.
4. All existing structures, with notes as to remain or be removed.
5. Erosion control measures
C. $400 bond required fo backfill of septic tank.
D. Comply with City Geologist letter dated 1/17/83.
IV. SPECIFIC CONDITIONS - SANITATION DISTRICT NO. 4
A. Sanitary sewers to be provided and fees paid in accordance with
requirements of Sanitation District No. 4 as outlined in
letter dated January 20, 1983.
Report to Planning Commission Page 6
SDR-1533 3/2/83
V. SPECIFIC CONDITIONS - CENTRAL FIRE DISTRICT
A. Construct driveway 14 feet minimum width, plus one foot
shoulders using double seal coat oil and screening or better
on 6 inch aggregate base from public street or access road to
proposed dwelling. Slope driveway shall not exceed 12½%
without adhering to the following:
1o Driveways having slopes between 12½% to 15% shall be
surfaced using 2¼ inches of A.C. on 6 inch aggregate
base.
2. Driveways having slopes between 15% to 17½% shall be
surfaced using 4 inches of P.C.C. concrete rough sur-
faced on 4 inch aggregate base and shall not exceed
50 feet in length.
3. Driveways with greater slopes or longer length will not
be accepted.
B. Construct a turnaround at the proposed dwelling sites more
than 150' from the street having a 32 foot inside radius.
Other approved type turnaround must meet requirements of
the Fire Chief. Details shall be shown on building plans.
C. Driveway shall be a minimum inside curve radius of 42 feet.
D. Proposed dwelling must have a minimum recongnized water
supply capable of delivering 1000 gallons per minute for
2 hours. This is based upon the Insurance Service Office
grade for determining a required Fire Flow to maintain a
Grade Five (5) rating. Minimum required fire flow for the
subject facility shall be 1000 gallons per minute from any
three hydrants flowing with 20 psi residual.
E. Provide 15 foot clearance over the road or driveway
(vertical) to building site. Remove all limbs, wires or
other obstacles.
VI. SPECIFIC CONDITIONS - SANITATION DISTRICT NO. 4
A. Sewage disposal to be provided by sanitary sewers installed
and connected by the developer to one of the existing trunk
sewers of the Sanitation District No, 4. Prior to final
approval, an adequate bond shall be posted with said district
to assure completion of sewers as planned.
B. Domestic water to be provided by San Jose Water Works.
VII. SPECIFIC CONDITIONS -SANTA CLARA VALLEY WATER DISTRICT
A. Applicant shall, prior to Final Map Approval, submit plans
showing the location and intended use of any existing wells
to the SCVWD for review and certification.
Report to Planning Commission Page 7
SDR-1533 3/2/83
VIII. SPECIFIC CONDITIONS - PERMIT REVIEW DIVISION
A. House locations and driveway designs to be reviewed and
approved by Central Fire District.
B. Design Review Approval required on project prior to issuance
of permits.
C. Any modifications to the Site Development Plan shall be
subject to Planning Commission approval.
D. Prior to issuance of building permits individual structures
shall be reviewed by the Planning Department to evaluate
the potential for solar accessibility. The developer shall
provide, to the extent feasibile, for future passive or
natural heating or cooling opportunities on/in the sub-
division/building site.
E. Agree to participate in any future private road maintenance
association prior to Final Approval.
F. Design Review of Emergency Access Gate required prior to
Final Map Approval.
G. Comply with requirements of action on variance application
for location of garage on Parcel "A".
** H. Design Review Approval required for barrier and driveway
access onto Monte Vista Drive.
IX. COMMENTS
A. Tree removal prohibited unless in accord with applicable
City Ordinances.
Kat h9 ':'~~ ~ an n e r
KK/bj c
P.C. Agenda 1/25/83 ~'
~As amended by the Planning Commission on 3/9/83