HomeMy WebLinkAboutCity Council Resolution 91-19 RESOLUTION NO. 91-19
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA GRANTING APPEAL FROM
A DECISION OF THE PLANNING COMMISSION
DR-90-034 -PENINSULA TOWNHOMES
WHEREAS, Peninsula Townhomes, the applicant has applied to
the City of Saratoga for design review approval to construct a
26-townhome/2 commercial structure mixed use development on a
2.67 acre parcel located at 12297 Saratoga-Sunnyvale Road, such
application being identified as DR-90-034; and
WHEREAS, on December 12, 1990, the Planning Commission of
the City of Saratoga conducted a public hearing on said
application and following a conclusion thereof, the Planning
Commission denied the application by reason of an evenly split
vote of the Commission and subsequent appeal of that vote by the
applicant, thereby deeming the split vote a final denial; and
WHEREAS, on February 6, 1991, 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
report, minutes of 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; and
WHEREAS, the City Council has received and considered the
Negative Declaration prepared for this project in accordance with
the currently applicable provisions of CEQA; and
WHEREAS, the applicant has met the burden of proof required
to support said application, and the City Council makes the
following findings:
The height, elevation and placement of the project on the
site does not unreasonably interfere with views of the
surrounding residences in that the adjacent residences are
located along the north property line and their views are
oriented towards the northwestern hillsides, away from this
development
The project does not unreasonably interfere with the privacy
of the surrounding residences in that there is relatively
heavy vegetation along the north boundary line on the
adjacent development. This is the only point where the
project will be in close proximity to residential
development. In addition, the applicant has provided an
extensive landscape plan for further screening.
2
The natural landscape is being preserved by minimizing tree
removal, soil removal, and grade changes in that no tree
removal is proposed and grade changes will be limited to
excavation for the building foundations.
The project will minimize the perception of excessive bulk
in relation to the immediate neighborhood in that from a
street perspective, the development will project a one-
story element in the foreground of the two-story townhome
structures to break up the visual massing of these
structures. Further, the immediate neighborhood is
currently developed with multi-family developments and
public storage facilities.
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 Saratoga-Sunnyvale Road is developed with a
variety of commercial, office and multi-family developments
of varying heights, scales and configurations.
The project will not interfere with the light, air, and
solar access of adjacent properties in that applicant's
shadow study indicates that the residential development
directly north of this site will not be adversely impacted
by this project.
The plan does incorporate current Saratoga grading and
erosion control standards in that minimal grading is
necessary and the project will greatly increase the amount
of pervious surface.
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
granted and the decision of the Planning Commission is reversed
and the application of Peninsula Townhomes for design review
approval is hereby granted subject to the following conditions:
(1) The development shall be located and constructed
as shown on Exhibit "A", incorporated herein by
reference.
(2) The development shall be limited in size and
intensity to the following:
A. Retail: 2 buildings @ 3,750 sq.ft. each
Parking: 32 spaces @ i space/234.4 sq.ft.
TOTAL RETAIL: 7,$0Q SO.FT.
B. Residential: Townhomes
10 units-iT: 3 bed/2 1/2 bath @ 2,020 sq.ft.each
10 units-2T: 3 bed/2 1/2 bath @ 1,892 sq.ft.each
Parking: 40 enclosed and 10 open guest spaces
TOTAL RESIDENTIAL TOWNHOMES: 39,120 SO.FT,
C. Residential: Cottages
2 units lc: 3 bed/2 1/2 bath @ 1,520 sq.ft.each
2 units 2c: 2 bed/2 1/2 bath @ 1,360 sq.ft.each
2 units 3c: 3 bed/2 1/2 bath @ 1,868 sq.ft.each
Parking: 12 enclosed and3 open guest spaces
TOTAL RESIDENTIAL COT~S: 9,496. SO,FT,
(3) Prior to issuance of any permits, a zone clearance
shall be obtained from the Planning Department.
(4) No structure shall be permitted in any easement.
(5) Exterior colors shall be medium to dark earthtone
as submitted. Any revisions to this scheme shall
be reviewed by the Planning Commission.
(6) Irrigated landscaping for screening and re-
vegetation as represented on the applicant's
landscape plan (Exhibit "A"), shall be installed
prior to final occupancy. A revised plan shall be
submitted for Planning Director review prior to
the issuance of a zone clearance indicating an 8
ft. sound mitigation wall (or fence) along the
south and west property lines.
(7) Detailed on-site and off-site improvement plans
shall be approved by the City Engineer prior to
final map approval.
(8) All requirements of the Santa Clara Valley Water
District (SCVWD) for flood control shall be
incorporated into the improvement plans. A SCVWD
permit shall be obtained prior to final map
approval.
(9) All townhomes shall be provided with approved NFPA
13-D residential fire sprinkler systems.
(10) Buildings on Parcels #2 and #3 shall be provided
with approvedNFPA 13 automatic fire sprinkler
systems throughout.
{11) An approved fire hydrant as required by the
Central Fire Protection District shall be
provided.
(12) An approved early warning fire alarm system shall
be provided throughout all residential units.
(13) Exterior walls of Parcels #2 and #3 within 20 feet
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approval~
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by the ~'eo,:.~chn t ca t c:<:>nsu lt~t
e'~Jbm].e..ted 'e.o ~he City'
approve all geot.~chnic:~l aape.::It~:
con~tr"Llct.:ic~.n. The re~ul't:8 of
.and the as-b;u iit cond i t i. on~
]l.etter am~. submitted to 't{'~e Cjt'y'
:rew:ie~ prior to f'l.:Dal project
m. (;~:~:).The appl. ica:nt ;ah~{l 3 pay a:r'ty ou.t,~ta.ndLi. n.q
""'==':: a.8~oc~.a. ted ~'{'th. 'th.e City Geo't:+~+cht~":a:t.H:::3:;i~l
review of the pr'oj ect plt7 :i oY
~ 2 '~ ) The a pp 1 i Ca nt $ha I 1.. ~ ubm i t: bc, th
of the de'velop~ent and t 8ign
oo'~er6ia]. build inga for Pl.annin9
appsr ova ~ pc i. or t: o t he i. a s u a :r~,c e
approval.
,( 222~ (;Ih } BOlll"{m'"'-COmp 1..i ance ~i. th are(},' <:::>f the
City could inc,.:{:r .d<l.e to the
for each day of the viol. at:ion.
w.ith:[:l:"~.. 30 days Of the. pas. aage of' th.~$ :ree. o:t. ution .oz" s. ai,I:l
resolu.'t].on shall ~ void.
3, Co:r~s't.:r'uct ion ~ust:. b~ ~:::::~(3~:m~c~:~r';t~:;;e~d with i :t"'h 2 4 :~cl:":~th~ ~;; ,,:::2:: ~.
approval will e~l're.