HomeMy WebLinkAboutCity Council Resolution 94-02 RESOLUTION NO. 94-02
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF 81%RATOGA GRANTING~APPEAL
FROM THE DECISION OF THE PLANNING COMMISSION
DR-93-031 - GLENNON~ 13091 PIERCE ROAD
WHEREAS, Mr. Glennon, the applicant, has applied for Design
Review approval to construct a new 3,848 square foot two-story
residence. Variance approval is also necessary to allow the
structure to encroach into the required rear yard setback; and
WHEREAS, on November 10, 1993, the Planning Commission held a
duly noticed public hearing at which time all interested parties
were given a full opportunity to be heard and to present evidence;
and
WHEREAS, the applicant has appealed the Planning Commission
denial to the City Council; and
WHEREAS, on December 15, 1993 the City Council conducted a de
nuvo 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 written and oral evidence presented to the
City Council in support of and in opposition to the appeal; and
WHEREAS, the City Council closed the public hearing and moved
to reverse the decision of the Planning Commission and approve the
Design Review (passed 4-0). The Council directed staff to prepare
an approval resolution.
WHEREAS, the applicant has met the burden of proof required to
support said application, and the City Council makes the following
findings:
-The height, elevations and placement on the site of the proposed
main or accessory structure, when considered with reference to: (i)
the nature and location of residential structures on adjacent lots
and within the neighborhoods; and (ii) community view sheds will
avoid unreasonable interference with views and privacy, in that the
proposed residence is located a significant distance from the
surrounding residences and is screened by mature vegetation.
-The natural landscape will be preserved insofar as practicable by
designing structures to follow the natural contours of the site and
minimizing tree and soil removal; grade changes will be minimized
and will be in keeping with the general appearance of neighboring
developed areas and undeveloped areas, in that replacement trees
will be provided per the City Arborist's recommendations and the
proposed grading is minimal.
-The proposed main or accessory structure in relation to structures
on adjacent lots, and to the surrounding region, will minimize the
perception of excessive bulk and will be integrated into the
natural environment, in that the residence is screened by several
existing mature trees.
-The proposed main or accessory structure will be compatible in
terms of bulk and height with (i) existing residential structures
on adjacent lots and those within the immediate neighborhood and
within the same zoning district; and (ii) the natural environment;
and shall not (i) unreasonably impair the light and air of adjacent
properties nor (ii) unreasonably impair the ability of adjacent
properties to utilize solar energy, in that the proposed design is
compatible with other residences in the area.
-The proposed site development or grading plan incorporates current
grading and erosion control standards used by the City.
-The proposed main or accessory structure will conform to each of
the applicable design policies and techniques set forth in the
Residential Design Handbook and as required by Section 15-45.055.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Saratoga as follows:
Section 1. After careful consideration of the site plan,
architectural drawings, plans and other exhibits submitted in
connection with this matter, the application of Glennon 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.
2. Prior to submittal for building permit or grading permit, the
following shall be submitted to Planning Department staff in
order to issue a zone clearance:
a. Three (3) sets of complete construction plans
incorporating this Resolution as a separate plan page.
b. One (1) set of engineered grading and drainage plans (if
applicable), also incorporating this Resolution as a separate
plan page.
c. All applicable requirements/conditions of the Resolution
(e.g. modifications to plans) and requirements/conditions of
the City Arborist (e.g. tree protective fencing) shall be
noted on the plans.
3. The maximum height of an exposed underfloor area shall not
exceed 5 ft.
4. No retaining wall shall have an exposed height that exceeds 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.
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. Prior to issuance of a building permit, the Final Map shall be
approved and recorded and evidence of this shall be submitted
to Planning staff.
8. Prior to the issuance of a zoning clearance, applicant shall
submit the following for Community Development Director review
and approval:
a. A landscape and irrigation plan that indicates the
planting of two (2) 36 inch box trees or five (5) 24 inch
box trees in the front portion of the property as
required per a subdivision condition of approval.
b. Landscaping shall be of native and drought tolerant
species in conformance with the City's xeriscape
guidelines.
c. Landscaping shall be fire retardant in conformance with
the City's guidelines for Fire Retardant Landscaping.
9. All requirements of the City Arborist's Report dated 9/8/92
and 10/8/92 shall be met this includes but is not limited to
the tree replacement, removal and protection measures
outlined.
10. Prior to issuance of any permit, 6' chain link protective
fencing shall be placed around the trees under the dripline.
11. Early Warning Fire Alarm System shall be installed and
maintained in accordance with the provisions of Article 16-60
City of Saratoga.
12. 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).
13. Automatic sprinklers shall be installed in garage. (City of
Saratoga Code 16-15:110).
14. 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
or Federal Court, challenging the City's action with respect
to the applicant's project.
15. 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 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.
PASSEDAND ADOPTED at a regular meeting of the City Council of
the City of Saratoga held on the 5th day of January 1994, by the
following roll call vote:
AYES: Councilmembers Anderson, Burger, Kohler, Monia and Mayor Tucker
NOES: None
ABSENT: None
Ma}
Deputy City Clerk/
The foregoing conditions are hereby accepted.
Signature of Applicant Date