HomeMy WebLinkAboutCity Council Resolution 2105 RESOLUTION NO. 2105
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SARATOGA REVERSING A DECISION OF THE
PLANNING COMMISSION AND APPROVING A ONE-YEAR
EXTENSION FOR SDR-1S08 AND MODIFICATION OF
SDR-1508 AND DESIGN REVIEW A-793
WHEREAS, the applicant, Martin Oudewaal, has requested a one-
year extension for SDR-1S08 and concurrent modification of SDR-1S08
and Design Review A-793; and
WHEREAS, on October 12, 1983 the Planning Commission held a
meeting on applicant's request and after said meeting denied said
request; and
WHEREAS, on November 2, 1983 the City Council held a meeting
and considered the applicant's request, staff reports, and other
evidence, both written and oral, presented to the Council during
said meeting;
NOW, THEREFORE, the City Council of the City of Saratoga, at
its November 2, 1983 meeting by a 3-2 vote, with Councilmembers
Callon and Clevenger dissenting, 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. A one-year extension for SDR-1S08 and modification of
SDR-1508 and A-793 are granted, per the conditions of the revised
Staff Reports dated October 22, 1981 and October 21, 1981. Copies
of said Staff Reported are 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 16th of November, 1983 by the following vote:
AYES: Councilmemkers Clevenger, Fanelli, M~_llory and Mayor Moyles
NOES: None
ABSENT: Councilmember Callon
ABSTAIN:
/~ MAYOR ~
ATTEST:
Ci TY CLERK ~'
REPORT TO PLANNING COMMISSION
** Amended (9/27/83)
* Amended (10/28/81)
DATE: 10/22/81
Commission Meeting: 10 / 2 1/8 1
SUBJECI': SDR-1508, Martin Oudewaal (Saratoga Real II)
14629 Big Basin Way
.......... _T.e.D~.a.t_iy.e. _B.u.i.l.d_i.n.g' .S. it..e- .A_p_p_.rp_v.a.1'- 1 lot
** (Commercial-3 Condominiums)
** PZQUEST: Amendment to previously approved Tentative Building
Site Approval to reflect 3 condominium units as approved
by the City Council on appeal and request for a one-
year extension.
** PROJECT DESCRIPTION & HISTORY:
Please seeUP-531, attached, for the basic data on this project.
Other details of the project are described in the Design Review
application A-793.
The original Use Permit (UP-500) for 4 condominium units expired.
The City Council, on appeal, granted UP-531 for 3 units on September
7, 1983. Staff has requested the applicant amend the site approval
to conform to this approval prior to action on his request for a
one year extension.
** PROJECT STATUS: Said project complies with all objectives of
the Ge~"eral Plan, and all requirements of the Zoning and Sub-
division Ordinances of the City of Saratoga.
The housing needs of the region have been considered and have
been balanced against the public service needs of its residents.
Report to Planning Commission 10/22/81
SDR-1508, Oudewaal Page 2
and available fiscal and environmental resources.
A Negative Declaration was prepared and filed with the County
of Santa Clara Recorder's Office relative to the environmental
impact of this project. Said determination date: June 8, 1981.
** The Staff Report recommends approval of the tentative map for
SDR-1S08 (Exhibit B filed September 23, 1983) subject to the
following conditions:
I. GENERAL CONDITIONS
Applicant shall comply with all applicable provisions of
Ordinance No. 60, including without limitation, the sub-
mission 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; sub-
mission of engineered improvement plans for any street
work; and compliance with applicable Health Department regu-
lations and applicable Flood Control regulations and re-
quirements of the Fire Department. Reference is hereby
made to said Ordinance for further particulars. Site ap-
proval in no way excuses compliance with Saratoga's Zoning
and Building Ordinances, nor with any other Ordinance of
the City. In addition thereto, applicant shall comply with
the following Specific Conditions which are hereby required
and set forth in accord with Section 23.1 of Ordinance No.
60.
II. SPECIFIC CONDITIONS - ENGINEERING SERVICES
A. Construct standard driveway approach.
B. Provide adequate sight-distance and remove obstructions
of view as required.
C. Watercourses must be kept free of obstacles which will
change, retard or prevent flow.
D. Convey drainage water to street, storm sewer or water-
course as approved by the Director of Community Development.
E. Obtain encroachment permit from CAL TRANS for work done
within State right of way.
F.Install one (1) Big Basin Way style street light on
Big Basin Way.
G. Applicant shall, prior to Final Map Approval, submit
grading and drainage plans to CAL TRANS for review and
approval.
Report to Planning Commission 10/22/81
SDR-1508, Oudewaal Page 3
H. Replace existing concrete curb, gutter, and sidewalk
along Big Basin Way as directed by the Director of
Community Development.
I. All access ways to be a minimum of 18 ft. wide.
J. All access ways, parking areas, and other quasi-public
paved areas are to be surfaced using a minimum of
2½" A.C. on 6" aggregate base.
K. Pay Storm Drainage Fee in effect at the-time of obtaining
Final Approval
L. Submit "Parcel Map" to City for Checking and Recordation
(Pay required Checking & Recordation Fees). (If Parcel
is shown on existing map of record, submit three (3)
to-scale prints).
M. Obtain encroachment permit from Santa Clara Valley
Water District.
III. SPECIFIC CONDITIONS - DIVISION OF INSPECTION SERVICES
1. Geotechnical investigation and report by licensed
professional
a. Geology
b. Soils
c. Foundation
2.Plans to be reviewed by geotechnical consultant prior
to building permit being issued.
3. Prior to issuance of building permits detailed on-site
improvement plans showing the foilowing shall be sub-
mitted to the Department of Community Development for
review and approval:
a. Grading (limits of cuts, fills; slopes, cross-sections,
existing and proposed elevations, earthwork quantities)
b. Drainage details (conduit type, slope, outfall,
location, etc.)
c. Retaining structures including design by A.I.A. or
R.C.E. for wails 3 feet or higher.
(
Report to Planning Con~nission 10/22/81
SDR-lS08, Oudewaal Page 4
d. Erosion control measures
e. Standard information to include titleblock, plot plan using
record data, location map, north arrow, sheet nos., owner's
name, etc.
IV. SPECIFIC CONDITIONS - COUNTY SANITATION DISTRICT NO. 4
A. Sanitary sewer service is available to this project from Big
Basin Way.
B. The sewer within the complex must be a public one with the
necessary grant of a sanitary sewer easement.
C. Applicant's engineer shall submit a grading plan showing a suitable
location for the sewer within the complex for district review and
approval.
D. Upon receipt of the grading plan necessary fees will be determined
and paid to the district.
V. SPECIFIC CONDITIONS - SARATOGA FIRE DISTRICT
1. Install an automatic fire sprinkler system for the parking garage
and storage rooms in accordance with NFPA pamphlet #13.
2. Provide a 1 hour self closing door for the Parking Garage level
stairway.
3. Provide one portable fire extinguisher with a minimum UL rating of
2-A/10-B:C for each level. The specific location on each level will
be designated by the Fire Chief. It is recommended that said ex-
tinguishers be installed in break glass cabinets.
4. Provide a fire department hose connection for each level. Hose
connections shall be supplied from the street main and controlled
with an approved shutoff valve. The size and type of thread for
the hose connection will be designated by the Fire Chief. The
specific location for each hose connection will be designated by the
Fire Chief.
** 5. The entire building shall have an early warning smoke & heat
detection system throughout. The signal is to be transmitted
by a telephone dialer to the Fire Station and to be designed
so as to operate 24 hours on standby power. All plans to be
approved by Fire Chief prior to issuance of building permit.
6. Provide emergency lighting for ~'hallways and stairways on
each level as well as the Parking Garage. Said lighting
shall be illuminated when power to the building is dis-
connected.
Report to Planning Commission 10/22/81
SDR-1508, Oudewaal Page 5
7. Fire places shall be maintained with spark arrestors constructed
with heavy wire mesh or other non-combustible material with
opening not to exceed one half inch (½').
8. All electric gates shall be approved by the Fire Chief prior to
installation.
VI. SPECIFIC CONDITIONS - SANTA CLARA COUNTY HEALTH DEPART~NT
A. A sanitary sewer connection will be required. 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. Erosion protection of the bank shall be provided by the owner prior
to issuance of Certificate of Occupancy.
B. Right-of-way along creek to be dedicated as shown on map to Santa
Clara Valley Water District and/or City of Saratoga. Owner shall
contact the Real Estate Division regarding transfer of right-of-
way.
C.Owner shall accept all liability for the proposed concrete pad in
the right-of-way.
'D. Incorporate site drainage into an existing storm drain system.
Design any new outfall into the creek to serve the general area
to minimize the number of future outfalls. Outfall structure
details shall be submitted to the District for review and issuance
of a permit to advertising for construction.
E. Owner shall show any existing well(s) on the plans and inform the
District of their proposed use.
F. A fence at least42 inches high shall be installed between the
development and top of creek bank. Show details of any fencing in
the improvement plans.
VIII. SPECIFIC CONDITIONS - PERMIT REVIEW DIVISION
A. Design Review Approval required on project prior to issuance of
permits.
B. Prior to issuance of building permits individual structures shall
be reviewed by the Permit Review Department to evaluate the potential
for solar accessibility. The developer shall provide, to the extent
feasible, for future passive or natural heating or cooling opportuni-
ties on/in the subdivision/building site.
' Report to Planning~Lonmission C 10/22/81
SDR-1S08, Oudewaal Page 6
C. The applicant shall landscape all portions of the public right-
of-way that are to remain unimproved. Landscaping and irrigation
plans shall be submitted to the Permit Review Department for review
and approval. Landscaping and irrigation improvements shall be
installed and established within 90 days of completion of the right-
of-way improvements.
D. The applicant shall enter into a Landscape MaintenanceAgreement
with the City for those landscaped areas within the public right-
of-way. The applicant shall maintain these landscaped areas for a
minimum of one year after which the homeowners association shall
be responsible for maintaining the landscaped areas.
All individual lot owners shall be required to become members of a
homeowners association for the express purpose of maintaining all
landscaped areas within the public right-of-way. The C.C. & R's
of the homeowners association shall be reviewed and approved by
the Permit Review Department, prior to final approval.
F. C.C. & R's shall state that the City has the right but not the
duty to enforce the C.C. & R's. The C.C. & R's shall not be
amended without written consent from the City of Saratoga.
* G. A Geotechnical Investigation shall be conducted as described
in the City Geologist's letter dated October 22, 1981. The
~ .results of the investigation shall be reviewed and approved
by the City Engineer and City Geologist prior to issuance
of a building permit.
IX. COB~NTS
- Tree removal prohibited unless in accord with applicable City
Ordinances.
Assistant Planner
MF:jd
P.C. Agenda: 10/28/81
*As amended 10/28/81 Planning Commission Meeting
REPORT TO PLANNING COMMISSION
*Revised 9/27/83
D&TE: 10/21/81
Commission Meeting: 10 / 2 8/8 1
SUBJECT: A-793 Martin Oudewaal (Saratoga Real II)
14629 Big Basin Way
REQUEST: Design Review Approval for a 3 unit condominium structure
ENVIRONMENTAL ASSESSMENT: A Negative Declaration for this project
was prepared under UP-500.
PUBLIC NOTICING: This project has been advertised already under
UP-5 31. A public hearing is not required for this application.
GENERAL PLAN DESIGNATION: Retail Commercial
ZONING: "C-V" (Vistor-Commercial)
SURROUNDING LAND USES: Multi-family residential to the north and
east; commercial and residential to the south; single-family re-
sidential to the west.
SITE SIZE: 15,952
SITE SLOPE: 13%+
HEIGHT OF STRUCTURE: 20'; 26' to peak of "tower".
SETBACKS: Rear 83' Left Side: 10' Right Side: 10'
Front 30 '
BUILDING SIZE: Garage Level/First Floor: 4,559 square feet
Second Floor: 3,920 square feet
SITE COVERAGE BY STRUCTURE: 35.6%+
REPORT TO PLANNING C'MMISSION C 10/21/81
A~793 - Oudewaal Page 2
EXTERIOR FACADE: Materials: Plaster, used brick, and wood trim
Color: Off-white, red (earthtone), and dark
brown
ROOF MATERIALS: Wood Shake
GRADING REQUIRED: Cut: 176 cu. yds. Fill: 0 cu. yds.
STAFF ANALYSIS: Please see UP-531 for recent actions on the project
attached. On August 12, 1981 the Planning Commission approved UP-500
(attached) which allowed the subject property to be occupied by
condominiums. The issue of density and structure design were to be
dealt with at Tentative Building Site Approval and Design Review.
The issue of density is dealt with in SDR-1508, also on this agenda.
The design of the structure is the subject of this report.
The elevations of the proposed structure are essentially the same
as those presented to the Commission. during the use permit hearing.
The roof of the main portion of the structure a mansard roof with
height measured to the highest point.
The applicant considers the higher portion of the roof as a tower.
Towers are allowed to be 25' higher (a Maximum of 45' in this case)
than normal zoning district limits per Section 14.9 of the Ordinance
if not more than 10% of the ground area of the structure is covered
by the towers. This allows the one tower to exceed the 20' limit.
The proposed trash enclosurewill be adequately screened by vegetation
but details of the enclosure itself have not been submitted.
A total of 6 parking spaces (4 covered & 2 uncovered) will be pro-
vided on site. This complies with Ordinance requirements, but pro-
vides no guest parking.
RECOMMENDED ACTION: Approve per the revised Staff Report dated
October 21, 1981 and Exhibits "B-i" and "C-l" subject to the following
conditions:
1. Prior to issuance of building permits:
A. Detailed grading and drainage plans shall be reviewed and
approved by the Community Development Department. Only
these approved plans shall be implemented during construction.
B. Any modifications to the proposed Site Development Plan or
elevations shall require Community Development Department
review and approval.
C. Detailed landscaping and irrigation plans illustrating how
the privacy of adjacent properties will be protected shall
be submitted for review and approval by the Community Development
Department.
REPORT TO THE PLANNING COMMISSION 10/21/81
A-793 - Oudewaal C (' Page 3
D. Design details of the proposed trash enclosure and deck
shall be submitted for review and approval by the Community
Development Department.
APPROVED: ~ "~'%],.~C~x
Kathy Kerdus
Planner
KK/bjc
Attachment: Approved Staff Report - UP-531
Po C. Agenda 10/28/81