HomeMy WebLinkAboutCity Council Resolution 2698 RESOLUTION NO. 2698
RESOLUTION OF THI CITY COUNCIL OF THE CITY OF SAI~TOGA
UPHOLDING A DECISION OF THE PL~d~NING COI~ISSION
WHEREAS, Larry Birenbaum and Jan Birenbaum, the applicants, have
applied to the City of Saratoga for tentative building site
approval and design review approval to construct a new single
family residence upon an existing lot of record located at 20052
Sunset Drive, such applications being identified as SD-88-019 and
DR-90-050, and
WHEREAS, on August 22, 1990, the Planning Commission of the City
of Saratoga conducted a public hearing on said applications, and
following the conclusion thereof, the Planning Commission
approved the applications, and
WHEREAS, Alan Giberson and Meg Giberson have appealed the
decision of the Planning Commission to the City Council, and
WHEREAS, on October 17, 1990, December 5, 1990, and December 19,
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 proceedings conducted by the Planning
Commission relating to said applications, and the written and
oral evidence presented to the City Council in support of and in
opposition to the appeal.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Saratoga as follows:
1. The appeal from the Planning Commission is hereby denied and
the decision of the Planning Commission is affirmed, subject to
the following modifications:
(a) The home and swimming pool shall be relocated as shown
on the revised site plan attached hereto as Exhibit "A" and
made a part hereof. Although such relocations will increase
the quantity of cut and fill for the project, the increased
grading is justified as part of a mitigation measure to
reduce the visual impact of the home and avoid placement of
the swimming pool at a location having an average slope in
excess of 30%.
(b) Any retaining wall having a height in excess of 3 feet
shall be subject to approval by the Planning Director and
shall be screened by landscaping, as directed or approved by
the Planning Director.
2. With the modifications specified above, the City Council is
able to make all of the findings required for granting tentative
building site approval and design review approval, for the same
reasons as set forth in the Staff Report to the City Council
dated October 17, 1990, and Resolutions No. SD-88-019 and DR'90-
050, adopted by the Planning Commission on August 22, 1990, and
'said Staff Report and Resolutions are incorporated herein by
reference and made a part hereof.
3. Except as modified herein, all of the conditions of approval
as contained in Resolution No. SD-88-019 and Resolution No. DR-
90-050, adopted by the Planning Commission on August 22, 1990,
shall remain in full force and effect.
4. In recognition of the desire by the City Council that no
additional properties be allowed to utilize the private easement
from Sunset Drive as a regular means of access, the applicants
shall sign an agreement with the City wherein the applicants
shall promise:
(a) Not to grant an access easement over their property to
any other person, without such easement having first been
approved by the Saratoga City Council; and
(b) Not to assign or otherwise transfer to any other person
the right to use the private easement from Sunset Drive as a
means of access, without prior approval of such assignment
having been granted by the Saratoga City Council and by each
of the owners of the properties identified as Assessor's
Parcel Number 510-26-001, commonly known as 19930 Sunset
Drive, and Assessor's Parcel Number 510-26-005, commonly
known as 15561 Glen Una Drive.
Such agreement shall be recorded in the office of the Santa Clara
County Recorder and shall constitute a restrictive covenant
running with the land.
5. In the event the City approves an extension of Sunset Drive
which provides access to City standards for the subject property,
the subject property shall take access from such extended street
if at that time the City Council determines that such access is
most appropriate, and use of the private easement as a means of
access shall be discontinued. This requirement shall be
incorporated into the agreement to be executed and recorded by
the applicants pursuant to paragraph 4 above and shall similarly
constitute a covenant running with the land.
The above and foregoing resolution was passed and adopted by the
Saratoga City Council at a meeting held on the 19th day of
December, 1990, by 'the following vote:
AYES: Councilmembers Anderson, Clevenger, Kohler, and Monia
NOES: Mayor Stutzman
ABSENT: None
~ Mayor ~
ATTEST:
Deputy City