HomeMy WebLinkAboutCity Council Resolution 92-007
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REVISED 3/12/92
RESOLUTION NO.
Q,-007
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA GRANTING AN APPEAL FROM
THE DECISION OF THE PLANNING COMMISSION
DR-91-026 - RUEHLE; 21097 COMER DRIVE
WHEREAS, Mr. and Mrs. Ruehle, the applicants, have applied
for design review approval to construct a new 5,221 square foot
two-story residence; and
WHEREAS, on October 23, 1991 and November 13, 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, by virtue of an evenly split vote, failed to act upon
the application; and
WHEREAS, applicant filed an appeal with the City Council
causing the evenly split vote to be deemed a final denial of the
Planning Commission, pursuant to section 2-15.050(b).
WHEREAS, on February 5, 1992, 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 Councilmember Kohler
voting in opposition and Councilmember Stutzman absent) 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 nearest adjacent homes to
the east are at much lower elevations with views oriented
towards the valley floor, away from this development.
February 10, 1992
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The project does not unreasonably interfere with the
privacy of the surrounding residences in that the habitable
areas of the proposed residence are situated well away from
any adjacent homes.
The natural landscape is being preserved by minimizing
tree removal, soil removal and grade changes in that no tree
removal is necessary or proposed and that grading is limited
primarily to excavation to set the structure into the hill.
The project will minimize the perception of excessive
bulk in relation to the immediate neighborhood in that the
second story floor area has been minimized and the structure
has been designed to integrate into the existing topography.
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 both the older two-story homes on
Comer Drive and the newer two-story structures visible to
the north are similar in size, scale and design.
The project will not interfere with the light, air and
solar access of adjacent properties in that the nearest
adjacent residence is located well away from this
development.
The plan does incorporate current Saratoga grading and
erosion control standards.
2. The application of Ruehle 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 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) No retaining wall shall have an exposed height that
exceeds five (5) feet. In addition, no fence or wall shall
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. All fencing requirements for
hillside zone districts shall also apply.
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(4) No structure shall be permitted in any easement.
(5) No ordinance size tree shall be removed without first
obtaining a Tree Removal Permit.
(6) Slopes shall be graded to a maximum 2:1 slope.
(7) All exposed slopes shall be contour graded.
(8) Exterior colors shall be medium to dark earthtone as
reviewed and approved by the Planning Commission. The brick
veneer exterior shall also be shown on the plans to continue
around the entire garage and at the lower level east
elevation prior to the issuance of a zone clearance.
(9) Landscaping for screening per the conceptual landscape
plan shall be installed prior to final occupancy.
(10) Prior to the issuance of a zone clearance, applicant
shall submit final landscape plans for the Planning
Director's review and approval, indicating additional
screening adjacent to the east side of the pool decking.
Precise species and sizes of plantings shall be indicated on
the plan with roughly 50% of the proposed trees to be
24-inch box minimum.
(11) All proposed and future landscaping shall consist of
native and drought tolerant species in conformance with the
city's xeriscape guidelines.
(12) All tree preservation recommendations outlined in the
Arborist Report dated May 13, 1991, shall apply.
(13) Detailed on-site improvement plans showing the
following shall be submitted to the Building Division prior
to the issuance of a Zoning 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 of higher.
(d) All existing structures, with notes as to remain
or be removed.
(e) Erosion control measures.
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(f) standard information to include title block, plot
plan using record data, location map, north arrow,
sheet no's., owner's name, etc.
(14) Any portion of a structure located under the dripline
of a tree shall have pier and grade beam foundation with the
beam poured at original grade. Soil in the area beneath the
tree canopy shall be covered with 8" of chips during
construction to prevent compaction of soil by equipment and
the tree trunks wrapped with three layers of snow fencing to
eight (8) feet above ground to prevent damage by equipment.
(15) Prior to the pre-grading meeting, six (6) feet chain
link or welded wire mesh protective fencing shall be placed
around the trees under the dripline as indicated on the
Arborist Report dated May 13, 1991. This fencing shall be
indicated on the grading plan prior to the issuance of a
zone clearance.
(16) 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).
(17) Early Warning Fire Alarm System shall be installed and
maintained in accordance with the provisions of
Article 16-60 City of Saratoga.
(18) 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 16-60).
(19) Automatic sprinklers shall be installed in garage.
(City of Saratoga Code 16-15:110).
(20) Driveways: All driveways have a fourteen (14) foot
minimum width plus one (1) 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
2-1/2" of A.C. or better on U' aggregate base from a
public street to proposed dwelling.
(21) The applicant's geotechnical consultant shall review
and approve all geotechnical aspects of the development
plans (i.e., site preparation and grading, site drainage
improvements and design parameters for foundations and
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retaining walls) to ensure that his recommendations have
been properly incorporated. The Project structural Engineer
shall review the structural aspects of the development plans
and confirm that the anticipated ground motion parameters
are accounted for in the design of the structures and
foundations.
The results of the structural plan review and geotechnical
plan review shall be summarized in letters by the structural
engineer and geotechnical consultant and submitted to the
City Engineer for review and approval prior to the issuance
of permits.
(22) Subsurface excavations made during grading and
construction shall be observed, logged and sampled (if
necessary) by the Project Engineering Geologist. The
Project Geotechnical Engineer shall inspect, test (as
needed) and approve all geotechnical aspects of the project
construction.
Following the completion of grading operations, the
residential site, driveway and natural and artificial slopes
shall be documented by the consultant to demonstrate the
long-term stability of the development.
The results of the geotechnical inspections and
documentation of site stability shall be summarized in
appropriate letters and submitted to the City for review and
approval by the City Engineer prior to release of the
grading bond.
(23) The applicant shall pay any outstanding fees associated
with the city Geotechnical Consultant's review of the
application prior to zone clearance.
(24) The applicant shall perform drainage and erosion
control improvements in the vicinity of APN 503-17-063 to
mitigate the additional runoff from the proposed project.
Such improvements shall not exceed $7,500 including the
preparation of an engineered drainage and erosion control
plan to be approved by the City Engineer. The applicant
shall be eligible to enter into an agreement with the City
to be proportionately reimbursed for the cost of the
drainage and erosion control improvements from any future
development which the City approves and which contributes
runoff to the watershed in which the improvements shall be
constructed.
(25) The applicant shall submit revised plans for Planning
Director review and approval prior to the issuance of a zone
clearance indicating the following changes to the pool, pool
house and associated decking plan:
(a) The pool and associated decking shall be pulled in
closer to the main residence, west of the moderate
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downslope, to minimize the amount and depth of fill
necessary.
(b) The entire pool and decking pad shall be lowered
to the extent feasible to additionally reduce the fill
quantities.
(26) Prior to final occupancy, the applicant shall install a
fire hydrant which meets saratoga Fire District standards.
The applicant shall be eligible for reimbursement of 50% of
the cost of the hydrant installation from the developer of
APN 503-18-025. The reimbursement shall be guaranteed
through an agreement between the applicant and the City
which will specify that the City will require reimbursement
prior to Zone Clearance of any development application for
APN 503-18-025.
(27) Required fire hydrant shall be located so that no part
of any structure shall be further than five hundred feet
(500) from hydrant and the fire protection system shall be
designed and charged with water under pressure so that the
hydrant shall deliver no less than 1,000 gpm of water.
Water storage or other availability shall be such that
1,000 gpm minimum shall be maintained for a sustained period
of two (2) hours.
(28) Applicant agrees to hold City harmless from all costs
and expenses, including attorneys' fees, incurred by the
city or held to be the liability of City in connection with
City's defense of its actions in any proceeding brought in
any state or Federal Court, challenging the City's action
with respect to the applicant's project, but not to the
extent of negligence by the City or failure by the City to
follow their applicable laws or regulations. This entire
clause shall cease to be of any force or effect upon the
earlier of (i) the date that city issues a certificate of
Occupancy to the applicant or (ii) the date applicant
delivers to City a notice withdrawing his application for
the building permit or similar approvals.
(29) Noncompliance with any of the conditions of this permit
shall constitute a violation of the permit. Because it is
impossible to estimate the 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.
3. Construction must be commenced within twenty-four (24)
months or approval will expire.
February 1G, 1992
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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.
***
Passed and adopted at a regular meeting of the City council
of the City of Saratoga held on the 19th day of February
1992, by the following vote:
AYES:
Councilmembers Anderson, Clevenger, Mania, Stutzman and Mayor Kohler
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
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Deputy City CY;;k
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February 1D, 1992
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