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HomeMy WebLinkAboutCity Council Resolution 93-013 RESOLUTION NO. 93- 013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENYING AN APPEAL FROM THE DECISION OF THE PLANNING COMMISSION V-92-023-JOHNSON; 13877 UPPERHILL COURT WHEREAS, Mr. Johnson, the applicant, has applied for Variance approval to allow the replacement and extension of an existing retaining wall of with a maximum height of 14 feet; and WHEREAS, on February 10, 1993, 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, voted to grant the variance request for the retaining wall replacement and extension; and WHEREAS, applicant has appealed condition 3(a) of the Planning Commission approval requiring modification of the location of the proposed retaining wall; and WHEREAS, on April 7, 1993, 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 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: Section 1. By split vote of the City council (Council members Burger and Tucker voting in opposition) denying the appeal from the Planning Commission of condition 3(a) requiring modification of the location of the proposed wall, the Council affirms the Variance previously granted by the Planning Commission, to wit: the applicant has met the burden of proof required to support the application for the wall as previously approved by the Planning Commission and the following findings have been determined: (a) That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, strict enforcement of the specified regulations would deprive the applicant of privileges enjoyed by the owners 1 of other properties in the vicinity and classified in the same zoning district; in that this 14 ft. tall wall is replacing an existing structure and is necessary to stabilize the failing slope. (b) That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and classified in the same zoning district; in that the retaining wall is existing and the failed slope is confined to the subject property. (c) That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; in that the new wall will halt further slope failure. Section 2. The application of Johnson for variance 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 itA," incorporated by reference. 2. Prior to submittal for building permit or grading permit, a zone clearance shall be obtained from the Planning Department. 3. Prior to the issuance of a zoning clearance, applicant shall submit the following: (a) Revised plans indicating the relocation of the proposed wall per the exhibit prepared by Staff with the picket fence allowed to be located at the edge of the proposed wall and to be painted an earthtone color. The plan shall be reviewed and approved by the Planning Director. (b) Landscape plan indicating the installation of seven 24-inch box trees (combination of Coast Live Oak and Canary or Afghanistan Pine) down slope from the new wall and 5-gallon Carolina Laurel or Catalina Cherry at 6 ft. on center along the bottom of the wall. The plan shall be reviewed and approved by the Arborist to ensure appropriate planting for the degree of slope. The applicant may substitute the required trees with similar species of the same size upon City Arborist approval and may remove trees no. 1 and 2, as identified in the City Arborist's report, upon commencement of construction. 4. The above landscaping shall be installed prior to final inspection. 2 5. Landscaping shall be of native and drought tolerant species in conformance with the City's xeriscape guidelines. 6. Prior to issuance of any permit, 6' chain link or welded wire mesh protective fencing shall be placed around the trees under the dripline, per the City Arborist report dated 1/26/93, and shall remain in place until all construction activity is completed. 7. Prior to zone clearance, the applicant must obtain geotechnical clearance from the City Engineer. 8. Prior to final inspection, the applicant shall paint the existing retaining wall located at the rear property line an earth tone color. 9. Applicant agrees to hold City harmless from all costs and expenses, including attorney's 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 of Federal Court, challenging the City's action with respect to the applicant's project. 10. 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 shall be payable to this City per each day of the violation. section 3. Construction must be commenced within twenty- four 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 this resolution to each set of construction plans which will be submitted to the Building Division when applying for a building permit. 3 -..""....""0,..",,,,,.,,,,,,,.,,,,,,,.,,,,,,,,,,,,,,,.,,,,,,,,,,,,,"."'"''.'''''''.'''''''.'''''''.'''''''.'''''''.'''''''.''''''''''''',,,,,,,,,,,,,,",,,,,,,,,,,,,,,,,,,,,,,,,,,,,",,,,,,,,,,,.,,,,,, ,.,,,,,,,.,,,,,".",,,.._ Passed and adopted at a regular meeting of the city council of the City of Saratoga held on the 21 st day of April , 1993, by the following vote: AYES: Counci 1 members Burger, Kohl er, Man; a, Tucker and Mayor Anderson NOES: None ABSENT: None ABSTAIN: ~ afi/~ Hayor ATTEST: ~ c!., ~A Deputy City Clerkl April 9, 1993 273\r..\uprhlcrt...r 4