HomeMy WebLinkAboutCity Council Resolution 92-004
RESOLUTION NO. 92-004
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA GRANTING AN APPEAL FROM
THE DECISION OF THE PLANNING COMMISSION
DR-91-041 - WALLER; 20420 MONTALVO OAKS PLACE
WHEREAS, Mr. Waller, the applicant, has applied for design
review approval to construct a new 4,020 square foot two-story
residence; and
WHEREAS, on October 9, 1991, the Planning commission of the
City of Saratoga held a duly noticed public hearing on said
application at which time all interested parties were given a
full opportunity to be heard and to present evidence and
following the conclusion thereof the Planning Commission denied
the application; and
WHEREAS, applicant has appealed the decision of the Planning
Commission to the City Council; and
WHEREAS, on December 18, 1991, the city Council conducted a
de novo public hearing on the appeal at which time any person
interested in the matter was given a full opportunity to be
heard; and
WHEREAS, the City Council reviewed and considered the staff
report, minutes of proceedings conducted by the commission
relating to the application, 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. By vote of the City Council (with Councilmembers
Clevenger and Stutzman voting in opposition) the appeal from the
Planning Commission is hereby granted and the decision of the
Planning Commission is reversed, to wit: the applicant has met
the burden of proof required to support the application and the
following findings have been determined:
The height, elevation and placement of the project on
the site does not unreasonably interfere with views of the
surrounding residences in that the structure is set back,
well away from the nearest adjacent home. The homes along
January 16, 1992
273\res\montalvo.res
1
the south side of Montalvo Oaks Place have views oriented
towards the western hills away from this development.
The project does not unreasonably interfere with the
privacy of the surrounding residences in that the lot is
relatively isolated at the end of Montalvo Oaks Place and
this development will not increase privacy interference.
The natural landscape is being preserved by minimizing
tree removal, soil removal, and grade changes in that the
proposed grading is minimal and no tree removal is necessary
or proposed.
The project will m~n~m~ze the perception of excessive
bulk in relation to the immediate neighborhood in that the
structure's varied roofline and exterior architectural
treatments will minimize the home's mass and bulk.
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 the residence will be similar in
size, scale and design to those homes already constructed,
or approved for construction, within this development.
The project will not interfere with the light, air, and
solar access of adjacent properties in that the structure is
set back, well away from the nearest adjacent home.
The plan does incorporate current Saratoga grading and
erosion control standards.
2. The application of Waller for Design Review Approval be
and the same is hereby granted subject to the following
conditions:
(1) The development shall be located and constructed as
shown on Exhibit "A," incorporated by reference. Any
deviations from the approved plans shall require prior
Planning Commission review and approval. This includes, but
is not limited to, deviations from the roof height, building
placement, architectural elevations and materials.
(2) Prior to submittal for building permit or grading
permit, a zone clearance shall be obtained from the Planning
Department.
(3) The maximum height of an exposed underfloor area shall
not exceed five (5) feet.
(4) No retaining wall shall have an exposed height that
exceeds five (5) feet. In addition, no fence or wall shall
January 16, 1992
273\res\montalvo.res
2
. ".""",.",,,,,.,,,,,,,.,,,,,,,,,,,,,,,.,,,,"""''''''''''''''''''''''"'''''''''''''''''''''.'''''''.'''''''.'''''''.'''''''.''''.''.'''''''..'''.''.'''''''.'''''''.'''''''''''''''''''''''''''''''''''
''''''''''''.'''''''."....
exceed six (6) feet in height and no fence or wall located
within any required front yard or within any required
exterior side yard of a reversed corner lot shall exceed
three (3) feet in height.
(5) No structure shall be permitted in any easement.
(6) No ordinance size tree shall be removed without first
obtaining a Tree Removal Permit.
(7) Slopes shall be graded to a maximum 2:1 slope.
(8) All exposed slopes shall be contour graded.
(9) Exterior colors shall be medium to dark earthtone as
reviewed and approved by the Planning Commission.
(10) Landscaping for screening shall be installed prior to
final occupancy.
(11) Prior to zone clearance approval, applicant shall
submit landscape plans for the Planning Director's review
and approval, indicating the placement of three 24 inch box
native and drought tolerant screening trees along the north
side of the home. Any additional landscaping shall be in
conformance with the City's xeriscape guidelines.
(12) Detailed on-site improvement plans showing the
following shall be submitted to the Building Division prior
to issuance of a zone clearance;
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 walls four (4) feet or higher.
d. Erosion control measures.
(13) Prior to issuance of a grading permit, six (6) foot
chain link or welded wire mesh protective fencing shall be
placed around the two trees under the dripline as indicated
in the City Arborist reports dated June 12 and November 13,
1991, on file in the Planning Department. All other
requirements of the arborist shall be met, including but not
limited to, the following:
January 16, 1992
273\res\montalvo.res
3
a. Prior to the issuance of a zone clearance the
driveway shall be redesigned per either alternative #1
or #2 of the city Arborist reports, incorporated by
reference.
b. An ISA Certified Arborist shall be required to
prune the Blue Oak to provide the necessary clearance
before construction begins. The arborist shall not
remove branches larger than three (3) inches in
diameter during that pruning.
c. Prior to zone clearance the contractor shall be
required to sign a letter that specifies that neither
he nor his personnel will remove any parts of this tree
during construction.
d. All areas of construction beneath any portion of
tree canopy shall either be of pier and grade beam
design with the beam poured at grade with no excavation
of any kind beneath the canopy, or a slab floor be used
as shown in the approved plan with aeration tubes
installed before the slab is installed.
e. Any activity which occurs in areas beneath the
canopy in which activity is authorized must be done by
hand, not by wheeled equipment.
(14) The City Arborist shall inspect the tree preservation
procedures at the following stages:
a. When construction period fences have been erected
as shown on the arborist's map on file in the Planning
Department.
b. When aeration tubes have been installed adjacent
to the large Oak if a slab floor is used, or when forms
have been constructed for pouring a beam if pier and
grade beam construction is used.
c. When hand cutting of soil west of the Elm tree has
been done for inspection of large roots.
d. When construction is done and preparation for
pervious paving in front of the garage is being made.
(15) Roof covering shall be fire retardant, Uniform Building
Code Class A or B prepared or built-up roofing. Reroofing,
less than 10%, shall be exempt. (Ref. Uniform Fire Code
Appendix E, City of Saratoga Code § 16-20.210.)
January 16, 1992
273\res\montalvo.res
4
(16) Early Warning Fire Alarm System shall be installed and
maintained in accordance with the provisions of Article
16-60, City of saratoga Code.
(17) 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 (city of Saratoga Code,
Article 16-60).
(18) Automatic sprinklers shall be installed in garage.
City of Saratoga Code § 16-15.110.)
(19) Driveways: All driveways have a 14 ft. minimum width
plus one foot shoulders.
a. Slopes from 0% to 11% shall use a double seal coat
of 0 & S or better on a six (6) inch aggregate base
from a public street to the proposed dwelling.
b. Slopes from 11% to 15% shall be surfaced using 2-~
inch A.C. or better on U' aggregate base from a public
street to the proposed dwelling.
(20) Parking: provide a parking area for two emergency
vehicles at the proposed dwelling site or as required by the
Fire District. Details shall be shown on the building
plans.
(21) The applicant shall retain the services of a qualified
geotechnical consultant to: a) inspect current site
conditions, b) review the recommendations provided in the
existing geotechnical report by Freeman-Kern Associates,
Inc., and c) provide supplemental geotechnical design
criteria and grading recommendations, as needed.
The results of the geotechnical update shall be
summarized in a letter by the consultant and submitted to
the City to be reviewed and approved by the City Engineer
and Geotechnical Consultant prior to zone clearance.
(22) Applicant shall pay any outstanding fees associated
with the City IS Geotechnical and Horticultural Consultants'
review of the application prior to zone clearance.
(23) The geotechnical consultant shall review the proposed
development plans and approve all geotechnical aspects of
the plans, to ensure that the updated recommendations have
been properly incorporated.
January 16, 1992
273\res\montalvo.res
5
The results of the plan review shall be summarized by
the geotechnical consultant in a letter and submitted to the
City Engineer for review and approval prior to issuance of
grading permits.
(24) The geotechnical consultant shall inspect, test (as
needed), and approve all geotechnical aspects of the project
construction. The results of these inspections and the as-
built conditions of the project shall be described by the
geotechnical consultant in a letter and submitted to the
City Engineer for review prior to release of the Grading
Bond.
(25) The applicant shall connect the existing storm drainage
system on Montalvo Oaks Place to the existing system on vine
street.
(26) The City's engineering inspector and/or building
inspector shall conduct daily inspections at the site until
all grading and building foundation work is completed.
Framing and other regular inspections shall be scheduled as
required by the city's Building Inspection Division and
consulting Arborist.
(27) Prior to the issuance of a zone clearance, the
applicant shall submit to the City, in a form acceptable to
the Planning Director and City Attorney, security in an
amount deemed sufficient to the Planning Director pursuant
to a report and recommendation by the City Arborist to
guarantee the preservation and maintenance of the trees on
the subject property. This security shall only be released
following the issuance of a certificate of Occupancy if the
City Arborist determines that all tree preservation measures
have been followed and that the trees in question have been
maintained throughout construction of the project per his
recommendations.
(28) Noncompliance with any of the conditions of this permit
shall constitute a violation of the permit. Because it is
impossible to estimate damages the City could incur due to
the violation, liquidated damages of $250.00 shall be
payable to this City per each day of the violation.
(29) Applicant agrees to hold the City harmless from all
costs and expenses, including attorneys' fees, incurred by
the City or held to be the liability of the City in
connection with City's defense of its actions in any
proceeding brought in any state or Federal Court challenging
the City's actions with respect to the applicant's project.
January 16, 1992
273\res\montalvo.res
6
3. Construction must be commenced within 24 months or
approval will expire.
4. All applicable requirements of the state, county, City
and other governmental entities must be met.
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.
***
January 16, 1992
273\res\montalvo.res
7
***
Passed and adopted at a regular meeting of the city Council
of the City of Saratoga held on the 15th day of January ,
1992, by the following vote:
AYES: Councilmembers Anderson. Clevenger, Mania and Mayor Kohler
NOES: None
ABSENT: Counc il member Stutzma n
ABSTAIN: None
d{¡(4-. A-~'
Hayor - ---
ATTEST:
U C~
¿!Zæ.-d.-/ c ~V
Deputy city Cler(1
January 16, 1992
273\res\montalvo.res
8