HomeMy WebLinkAboutCity Council Resolution 91-43 91-43
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA UPHOLDING AND MODIFYING AN APPEAL
FROM A DECISION OF THE PLANNING COMMISSION
DR-90-057 - GAULT
applicant, has a e to the City of Saratoga for design review
approval to construct a new two-story residence within the
Mt. Eden Estates subdivision, all as more particularly set forth
in File Number DR-90-OS7 of the City; and
WHEREAS, on Aprtl 24, 1991, 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 May 15, 1991 and June 5, 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
reports, minutes of proceedings oonducted 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 applicant has met the burden of proof required
to s~pport said~pplication, and the following findings have been
determined:
-The height, elevation and placement of the project, as
modified, on the site does not unreasonably interfer~ with
views of the surrounding residences in that while the
adjacent parcels. are undeveloped, the location of 'this
structure will not significantly obstruct any views of
future structures.
-The project, as modified, does not unreasonably interfere ..
with the privacy of the surrounding residences in that~while
the surrounding parceXs are undeveloped, the proposed .
structure orients the majority of the second floor windows
towards the front:~and rear of the property.
-The natural'landscape Is being preserved by minimizing tree
removal, soil removal, and grade changes in that no tree
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removal is proposed and the 272 cu. yds. of cut will be
redistributed as fill and is within acceptable grading
standards for a hillside l~t.
-The project, as modified, will minimize the perception of
excessive bulk in relation to the i~mediate neighborhood in
that the home is well massed to minimize the perception of a
large monolithic structure.
-The project is compatible in terms of bulk and height 'with
those homes within the i~mediate area and in the same zoning
district in ~Jlat it is similar in design, size and
configuration to those homes already approved within this
subdivision.
-The project will not interfere with the light, air, and
solar access Of adjacent properties in that it meets or
exceeds minimum setbacX requirements and will nct obstruct
light or solar access to adjacent parcels.
-The plan does incorporate current Saratoga grading and
erosion control standards in that it meets Engineering
Department grading and erosion control standards.
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 in part and hereby denied in part and the decision of the
Planning Commission is upheld in part and modified in part,
subject to the following conditions:
a. The development shall be located and constructed
as shown on Exhibit "A, " incorporated by
reference.
b. Prior to submittal for building permit or grading
perknit, a =one clearance shall be obtained from
the Planning Department.
c. Height of structure shall not exceed 23 feet.
d. The maximum height of an exposed underfloor area
shall not exceed 5 feet.
e~ NO retaining wall shall have an exposed height
that exceeds 5 feet.
No structure or grading of any type shall be
permitted in the open space easement.
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Slopes shall ~ ~ade~ to a maximum 2:~ slope.
h. ~11 exposed slopes shall be contour graded.
i. Exterior colors shall be medium to dark earth tone
as submitted. Jmy deviation from the submitted
material board shall require Planning Director
approval.
J. Landscaping for screening along all four
elevations shall be installed prior to final'
g indicated on the submitted plans and
the landscaping represented on the subdivision
master landscape plan.
k. Detailed on-sits improvement plans shoving the
followingshall be submitted to ~he Building
Division prior to issuance 0£ a zone clearance:
(1) Grading (limit of cuts, fills, slopes, cross-
sections, existing and proposed elevations,
earthwork quantities.)
'(2) Drainage details (conduit type, slope,
outfall, locations, etc. )
(3) Retaining structures including design by
..... X.Z.A. or R.C.E. for walls 4 feet or higher.
(4) Erosion control measures.
1. Roof covering shall be fire retazdant, Uniform
Building Coda Class A or B prepared or built-up
roofin~. Re-roofing, less than lot shall be
exempt. (Ref. Uniform Fire Code Appendix
of Saratoga Code
Early Warning Fire Alarm System shall be installed
and maintained in accordance with the provisions
of Article 16-60 City o~
n. Earl~ Warning Fire Alarm System shall have
documentation relative to the proposed
installation and s~all be submitted to the Fire
District ~or approval, prior to issuance of a
building permit (Cit~ o~ Saratoga
c. Automatic sprinklers shall be installed in
(City of Saratoga Code 16-15=110).
p. Driveways~ All driveways have a 14 ~oot minimum
width plus one foot shoulders.
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(1) Blopes from0t to lit shall use a double seal
coat Of 0 & $ or better on 6' aggregate base from
a public street to the proposed dwelling.
(2) Slopes from llt to 1St shall be surfaced
using 2-I/2w of A.C. or better on 6a aggregate
base from a public street to proposed dwelling.
(3) Slopes from 1St to 17t shall be surfaced
using a 4w PCC concrete rough surfaced on 4"
a~gregate base from a public street to proposed
dwelling.
(4) Curvesz Driveway shall have a minimum inside
radius of 21 lest.
q; The applicant's geotechnical consultant shall
review and approve all geotechnical aspects of the
final foundation and development plans to ensure
~hatthe consultant's recommendations have been
properly incorporated.
The results of the plan review shall be summarized
by ~he geotechnical consultant in a'letter and
subssifted to the City Engineer for review prior
issuance of grading permit
r. The geo~echniual consultant shall inspect, test
:=!:=~:(as 'needed), and approve a11. geotechnical aspects
Of the project construction.
s. The results of these inspections and the as-built
' cgnditions of the project shall be described by
to the city Engineer
final project approval.
(1) The applicant shall~pay any outstanding fees
associated with the City Geotechnical Consultant's
review of the project prior to zone clearance.
t. The parallel driveway retaining walls shall be
revised for Planning Director review and approval
prior to the issuance of a zone clearance to show
(1) No single retaining wall exceeds 'the maximum
h
permitted heig t of 5 fee~.
(2) The combined height of the parallel retaining
walls do not exceed 10 =eat in height.
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(3) A site and .grading plan indicating an
unobstructed path for Jut-are ingress and egress to
serve Lot ~6 shall be reviewed and approved by the
Planning Director prior to the issuance of a zone
clearance.
U. The applicant shall offer an equestrian easement
across' this property for the private benefit. of
the property owner Whose property abuts the
subSect property to the north. Proof thee this
offer was made in good faith shall be submitted to
the Planning Director for review prior to the
issuance of final occupancy approval.
v. Non-compliance with any of the conditions of this
permit shall constitute a violation of the permit.
Because it iS impossible to estimate damages the
damages of $2~0.00 shall be payable t~
per each day of the violation.
Section 2. Applicant shall sign the
agreement' to these conditions. within 30 days of the
passage of this resolution or said resolution shall be
void.
Section 3. Construction must be commenced
within 24 months or approval will expire.
· -
Section 4. All applicable requirements of
the State, County, City and other Governmental entities
must be: met.
' Section 5. The applicant shall affix a copy
of ~his resolution to each set of construction plans
which will be submitted to the Building Division when
applying for a building permit. .~'~
Passed and adopted at a regular meeting of the City Council
of the City of Saratoga held on t. he 5th day of Oune ......... ,
1991, by the following vote:
AYES: Councilmembers Anderson, C1 evenget, Koh] er, Moni a and Mayor Stutzman
NOES: Councilmembers None
ABSENT: Counoilmembers None
ABSTAIN: Counci 1meters None
DepUty C i t~""' "' C~r~
m~rv\27~\res\ga~t t .ear
The foregoing conditios are hereby accepted.
Date ~nt