HomeMy WebLinkAboutCity Council Resolution 2639 2639
RESOLUTION NO:
RESOLUTION OF THE CITY CO~'NCIL
OF THE CITY OF
REVERSIN~ 1% DECISION OF THE PLANNING COMMISSION
WHEREAS, JONATHAN NG, the applicant, has applied to the City
of Saratoga for design review approval to remodel an existing
single-family residence located at 20040 Bella Vista Avenue, such
application being identified as DR-89-114, and
WHEREAS, on January 10, 1990 the Planning Commission of the
City of Saratoga conducted a public hearing on said application,
and following the' conclusion thereof, the Planning Commission
denied the application; and
WHEREAS, the applicant has appealed the decision of the
Planning Commission to the City Council; and
WHEREAS, on March 21, 1990, the City Council conducted a de
novo public hearing on the appeal, at which time any person
interested in the matter was given an opportunity to be heard; and
WHEREAS, the City Council reviewed and considered the staff
reports, minutes of the proceedings conducted by the Planning
Commission relating to said application, and the written and oral
evidence presented to the City Council in support of and in
opposition to the appeal,
NOW, THEREFORE, the City Council of the City of Saratoga, at
its meeting on March 21, 1990, by a vote of 4-1 with Councilmember
Anderson dissenting, did resolve as follows:
1. The appeal from the Planning Commission was upheld and
the decision of the Planning Commission was reversed.
2. The City Council found and determined that:
(a) The height, elevation and placement of the project
on the site does not unreasonably interfere with
views of the surrounding residences in that it is
a large parcel with dense vegetation along its
perimeter and the home exceeds minimum setback
requirements.
(b) The project does not unreasonably interfere with the
privacy of the surrounding residences in that the
only impact will be the second story addition, which
is minimal due to the size of the parcels.
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(c) The natural landscape is being preserved by
minimizing tree removal, soil removal, and grade
changes in that no grade changes are proposed and
the vegetation being removed will be replaced as a
condition of approval.
(d) The project will minimize the perception of
excessive bulk in relation to the immediate
neighborhood in that it is in an area of large
parcels and homes. The second story addition will
not be visible to the adjacent neighbors because of
existing vegetation on the site that provides
adequate screening.
(e) The project is compatible in terms of bulk and
height with those homes within the immediate area
and in the same zoning district in that there are
similar two story homes within the vicinity.
(f) The project will not interfere with the light, air
and solar access of adjacent properties in that it
exceeds minimum setback requirements and will not
adversely impact the adjacent homes.
(g) The plan does incorporate current Saratoga grading
and erosion control standards in that no grading is
proposed and a drainage plan will be submitted to
the Building Division prior to issuance of a permit.
3. The design review application is granted, subject to all
of the following conditions:
(a) The development shall be located and constructed in
accordance with the plans submitted to the City
Council and identified as Exhibit "A."
(b) Prior to submittal for building permit or grading
permit, a zone clearance shall be obtained from the
Planning Department.
(c) Height of structure shall not exceed 25 ft. 6 in.
(d) Total gross floor area for all structures on site
shall not exceed 5,879 sq. ft.
(e) No structure shall be permitted in any easement.
(f) No ordinance size tree shall be removed without
first obtaining a Tree Removal Permit.
(g) Exterior colors shall match existing as submitted,
and subject to staff review and approval.
- (h) Two 24" evergreen trees shall be installed prior to
final occupancy along the home's north elevation.
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An additional 24" box tree of the applicant's choice
shall be provided at a location within the front
yard as a replacement for those being removed.
(i) Applicant shall submit a geotechnical letter by
licensed professional to include details on:
(1) Soils
(2) Foundation
(j) No structure or paved areas shall be within 10 ft.
of any oak tree.
(k) Roof covering shall be fire retardant, Uniform
Building Code Class A or B prepared or built-up
roofing. Re-roofing of less than 10% shall be
exempt. (Ref. Uniform Fire Code Appendix E;
Saratoga City Code Section 16-20.210).
(1) Early Warning Fire Alarm System shall be installed
and maintained in accordance with the provisions of
Saratoga City Code Article 16-60.
(m) Early Warning Fire Alarm System shall have
documentation relative to the proposed installation
and shall be submitted to the Fire District for
approval, prior to issuance of a building permit.
· (n) Automatic sprinklers shall be installed in all new
garages.
(o) All driveways have a 14 ft. minimum width plus one
ft. shoulders.
(p) Prior to issuance of building permits, the applicant
shall enter into a Deferred Improvement Agreement
with the City to improve Bella Vista Avenue to City
standards. This agreement shall include the
following:
(1) Designed structural section 13 ft. between
centerline and flowline of Bella Vista Avenue.
(2) Undergrounding of existing overhead utilities.
(q) Prior to issuance of building permits, the applicant
shall receive the necessary permit to connect to the
sanitary sewer system on Bella Vista Avenue from the
West Valley Sanitation District.
(r) The applicant shall either provide opaque glass or
clerestory windows along the second story south
corner of the proposed residence to mitigate
potential privacy impacts.
(s) Construction must be commenced within 24 months or
the approval will expire.
(t) All applicable requirements of state, county, city
and other governmental entities must be satisfied.
4. Applicant shall sign the agreement to the foregoing
conditions within 30 days of the passage of this
resolution or this resolution shall be void.
5. The applicant shall affix a copy of this resolution to
each set of construction plans which will be submitted
to the Building Division when applying for a building
permit.
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 4th day of April, 1990, by the following vote:
AYES: Counci~rsknder~n, MDyles, ~terson, StutzmanandMayorClevenger
NOES: None
ABSENT: None
' Mayor
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ACCEPTANCE
The foregoing conditions are hereby accepted.
· ! J atHan Ng