HomeMy WebLinkAboutCity Council Resolution 2090 RESOLUTION NO. 2090
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA REVERSING A DECISION OF THE PLANNING
COMMISSION AND. APPROVING USE PERMIT UP-S31
WHEREAS, the applicant, Martin Oudewaal, has requested
Use Permit Approval to construct four (4) condominium units; and
WHEREAS, on March 23, 1983, the Planning Commission held
a public hearing on applicant's request for Use Permit Approval and
after said public hearing denied without prejudice said request; and
WHEREAS, applicant modified scope of project by reducing the
number of units to three (3), reducing the height of structure,
relocating on site, reducing parking, and modifying easterly side
of structure; and
WHEREAS, on May 18, 1983, July 6, 1983 and September 7, 1983
the City Council held a de novo public hearing and after the clos-
ing of said public hearing reviewed and considered the applicant'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 September 7, 1983 meeting by a 3-1 vote, with Councilmember
Clevenger dissenting and Councilmember Callon absent, did resolve
as follows:
1. The applicant's appeal from the Planning Commission was
granted and the decision of the Planning Commission was overruled.
2. Use Permit Approval for UP-S31 was granted, per the con-
ditions of the revised Staff Report dated March 10, 1983, Exhibits
"B-2" and "C-2", and the findings contained in Exhibit "B" attached.
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 21st day of September, 1983, by the following vote:
AYES: Counci~rs Clevenger, Fanelli, Mallory araMayorFbyles
NOES: None
ABSENT: None
ABSTAIN: CouncilmenberCallon ~
ATTEST:
CITY CL R'
File No. UP-S31
EXHIBIT "B"
FINDINGS:
1. The proposed location of the three condominium units is in accord with the
objectives of the Zoning Ordinance and the purposes of the district in which
the site is located.
2. The proposed location of the three condominiums and the conditions under which it
would be operated or maintained will not be detrimental to the public health,
safety or welfare, or materially injurious to properties or improvements in the
vicinity if the conditions under recommended action are complied with.
3. The proposed conditional use will comply with the General Plan and the project
has been modified to reduce potential adverse impacts.
REPORT TO PLANNING COMMISSION
*Revised: 9/7/83
DATE: 3/10/83
Commls. lon Meeting: 3/23/83
SUBJECT: UP-531 - Martin Oudewaal, 14629 Big Basin Way
REQUEST: Use Permit Approval to construct three (3)condominium units in the C-V
zoning district.
OTHER APPROVALS REQUIRED: None. Design Review and Building Site Approval have been
previously granted.
PLANNING DATA:
PARCEL SIZE: 15,957 sq.ft. GENERAL PLAN DESIGNATION: Retail Commercial
ZONING: C-V NOTICE: Notice of this site has been mailed to
property owners within 500', posted on site and
advertised in the Saratoga News.
SITE DATA:
SURROUNDING LAND USES: Multi-family residential to the north and east;
commercial and residential to the south; single family residential to the
west.
SITE SLOPE: 13% SLOPE AT BUILDING SITE: 3%
NATURAL FEATURES & VEGETATION: Saratoga Creek runs through the northern end of
the parcel. Large oaks and bay trees are located on the creek banks, which will
not be affected by this proposal. As was recommended with design review, large
box sized evergreen trees were to be added in front of the second story windows
to protect privacy of adjacent properties to the west and east. These trees are
not illustrated on the landscape plan submitted with this application, thus, staff
recommends Condition #6.
PROJECT CONSIDERATIONS:
HISTORY: This project has previously received design review, building site and
use permit approvals. However, the use permit was allowed to expire, so the appli-
cants have reapplied. The plans have been modified from the originally approved
Report to Planning Commission. 3/10/83
UP-531 - Martin Dudewaal, Big Basin Way Page 2
use permit to comply with the plans later approved with design review. This
involves the redesign of the parking area underneath the structure and removal
*of the "tower" at the rear of the structure and reducing the height of the "tower"
at the front.
GRADING REQUIRED: CUT: 900 Cu. Yds. FILL: None
CUT DEPTH: 5 Ft. FILL DEPTH: None
*SETBACKS: Front: 30' Right Side: lO' Left Side: lO' Rear: 83'
*HEIGHT: 20' and 26 ' at tower.
*SIZE OF STRUCTURE: Garage/First Floor: 4,559 sq. ft. (excluding decks)
Second Floor: 3,920 sq. ft.
COLORS & MATERIALS: The exterior of the structure would utilize brick, off-white
plaster, and brown stained timber. Wood shakes would be used for the roof.
REFUSE: Garbage will be contained behind a fenced and landscaped enclosure at the
front of the property.
LANDSCAPING & LIGHTING: The applicant has submitted a landscape plan which indicates
various evergreen groundcover, shrubs and small, fast growing trees around the front
and sides of the proposed structure. The rear portion of the lot will be left largely
natural.
SOLAR:
Existing structures to the east and west are about 21' from the edge of the property.
*Portions of the property'to the east will be shaded by the proposed structure from
l:O0 p.m. in the winter and from 3:00p.m. in the summer. However, the orientation
of the buildings to the east indicates that they would be unable to adequately utilize
solar energy even if the structure were not built.
PRIVACY IMPACTS/RELATIONSHIP WITH ADJACENT STRUCTURES
The structure would be about 13' higher (from flat portion of roof) than the existing
single-family dwelling on the site and adjacent structures. The architectural style
of the structure would be compatible with the Village and similar in height to other
condominium projects approved by the Commission.
The project may have an adverse impact on the privacy of adjacent properties due to
second story window and balcony locations. These impacts can be mitigated by land-
scaping and removal of the balconies. It is suggested that evergreen trees be used
to protect privacy.
*PARKING: The applicant proposes to have 4 covered and 2 uncovered parking spaces as
was approved with the design review. Six (6) spaces are required for the project
and no guest spaces are provided.
FINDINGS:
1. The proposed location of the four condominium units is in accord with the objectives
Report to Planning Commis...Jh ' 3/10/83
UP-531 - Martin Oudewaal, Big Basin Way Page 3
of the Zoning Ordinance and the purposes of the district in which the site
i s 1 ocated.
2. The proposed location of the four condominiums and the conditions under which
it would be operated or maintained will not be detrimental to the public health,
safety or welfare, or materially injurious to properties or improvements in the
vicinity if the conditions under recommended action are complied with.
3. The proposed conditional use will comply with the General Plan but will not comply
with each of the provisions of the ordinance in that 10' sideyards will be pro-
vided where 18' is required. However, the Commission should approve these variations
if the project is modified to reduce potential adverse impacts.
*RECOMMENDATION: Approve per Staff Report dated 3/10/83 and Exhibits "B-2 & C-2" subject
to the following conditions:
A. Prior to issuance of building permits:
1. Detailed grading and drainage plans shall be reviewed and approved by the
Community Development Department. Only these approved plans shall be im-
plemented during construction.
2. Any minor modifications to the proposed elevations shall require Community
Development Department review and approval.
3. Design details of the proposed trash enclosure and deck shall be submitted
for review and approval by the Community Development Department.
4. Prior to issuance of Building Permits, the Department of Transportation shall
review grading and drainage plans for the site to evaluate the effect on
State Highway drainage-conditions.
5. Applicant shall comply with the Santa Clara Valley Water District in terms of
required easements and the location of the proposed deck near the creek area.
6. The landscape plan shall be modified to include 24" box-size evergreen trees
to be placed adjacent to the second story windows to mitigate privacy impacts.
ApprovedT 'tJne' 'f~tm~i~f>eHt<'i'ng' z~4>ac~a'~' ~ ~~
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P.C. Agenda: 3/23/83