HomeMy WebLinkAboutCity Council Resolution 94-09 RESOLUTION 94 - 09
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA DENYING AN APPEAL FROM THE
DECISION OF THE PLANNING COMMISSION;
APPLICANT/APPELLANT EBRAHIMOUN;
15170 EL CAMINO GRANDE
DR-93-030
WHEREAS, Mr. and Mrs. Ebrahimoun, the applicant has applied
for design review approval to construct a new 6,277 square foot
two story residence and pool and demolish an existing residence
at 15170 E1 Camino Grande; and
WHEREAS, on November 22, 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 design review approval subject to a condition that the
floor area not exceed the allowable square footage of 5,688
square feet; and
WHEREAS, the applicant has appealed the approval of the
Planning Commission with the above condition to the City Council;
and
WHEREAS, on January 5, 1994, 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 to present evidence, and following the conclusion thereof,
the City Council voted to deny the appeal and uphold the action
of the Planning Commission; and
WHEREAS, on January 11, 1994, the City Council voted to
reconsider its action of January 5, 1994, and set February 2,
1994 as the date to conduct a de novo public hearing on the
appeal; and
WHEREAS, on February 2, 1994, 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 to present evidence; 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.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Saratoga as follows:
1. By split vote of the City Council (Councilmembers
Burger and Kohler voting in opposition) the appeal from the
Planning Commission is hereby denied and the action of the
Planning Commission is affirmed, to wit: The applicant has met
the burden of proof required to support the application for the
construction of a new two story home, not exceeding 5,688 square
feet in floor area, and the following findings have been
determined:
a. 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 design of the proposed
residence utilizes varied roof heights and lines to minimize the
building areas of maximum height and bulk.
b. 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 the applicant's are providing replacement trees for the
trees proposed to be removed per the City Arborist's
recommendation and the proposed grading will not impact any of
the surrounding properties due to the isolation of the subject
property.
c. 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 design of
this residence is well massed and articulated to avoid the
perception of excessive mass.
d. 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 areas of maximum roof height are
limited and are stepped back well in excess of the minimum
required setbacks and the structure is located a significant
distance from the nearest adjacent residence.
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e. The proposed site development or grading plan
incorporates current grading and erosion control standards used
by the City.
f. 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.
g. The proposed two-story residence is located within
a neighborhood where there is a predominance of two-story
structures which supports the request for an exception to the
floor area reduction requirement.
2. After careful consideration of the site plan,
architectural drawings, plans and other exhibits submitted in
connection with this matter, the application of EBRAHIMOUN for
Design Review approval be and the same is hereby granted subject
to the following conditions:
a. The development shall be located and designed as
shown on Exhibit "A", incorporated by reference. Prior to
issuance of a Zoning Clearance, revised plans shall be submitted
for Community Development Director approval indicating that the
floor area has been reduced to no more than 5,685 sq. ft. No
additional floor area shall be permitted unless a Variance
application is approved to do so.
b. Prior to submittal for building permit or grading
permit the following shall be submitted to Planning Department
staff in order to issue a Zoning Clearance:
(1) Three (3) sets of complete construction plans
incorporating this Resolution as a separate plan page.
(2) One (1) set of engineered grading and
drainage plans (including erosion control measures), also
incorporating this Resolution as a separate plan page.
(3) All applicable requirements/conditions of the
Resolution (e.g. modifications to plans) and requirements/condi-
tions of the City Arborist (e.g. tree protective fencing) shall
be noted on the plans.
c. No retaining wall shall have a height that exceeds
5 feet measured from either the existing natural grade or the
finish grade, whichever is greater. 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.
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d. No structure shall be permitted in any easement.
e. No ordinance size tree shall be removed without
first obtaining a Tree Removal Permit except for tree #2, #12,
#13, and #18 as described in the City Arborist Report dated
8/31/93.
f. All requirements of the City Arborist~s Report
dated 8/31/93 shall be met. This includes, but is not limited
to:
(1) Provide supplemental irrigation as described
in the above referenced report. Four weeks prior to the start of
grading all trees in the vicinity of construction shall be
irrigated weekly. Verification that this has been completed
shall be submitted to the Planning Department prior to the
issuance of a grading permit.
(2) Install chain link protective fencing around
each tree that is to be retained as described in the above
referenced report. Planning staff shall inspect all fencing
prior to the issuance of any permit.
(3) Prior to zone clearance, the locations for
trenching required to install any utilities line shall be
indicated on the site plan. Trenching must be planned to avoid
travelling beneath tree canopies.
(4) Sub-surface fertilize on-site trees per the
direction of the City Arborist prior to the issuance of a zone
clearance.
(5) Remove the paving surrounding tree #4 prior
to issuance of a building permit. Verification that this has
been completed shall be submitted to the Planning Department.
(6) Install pervious paving in the area indicated
on the City Arborist~s exhibit near tree #9 and #10. This shall
consist of either interlocking pavere or bricks on gravel and
sand. Prior to zone clearance, this shall be indicated on the
site plan.
g. Prior to zone clearance, the applicant shall
submit to the City in a form acceptable to the Community
Development Director security in an amount of $6,500 pursuant to
the City Arborist~s report. The security will be released to the
applicant once construction is completed and a final inspection
by the City Arborist has been conducted and it is determined that
the protective procedures outlined in the Arborist report and the
above conditions have been followed.
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h. Landscaping per the Landscape Plan in Exhibit A
and irrigation shall be installed prior to final occupancy.
i. Provide automatic fire sprinkler protection
throughout per the Uniform Fire Code and Central Fire District~s
requirements.
j. Early Warning Fire Alarm System shall be installed
and maintained in accordance with the provisions of Article 16-60
of the City of Saratoga.
k. 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 the
issuance of a building permit.
1. Driveways: All driveways shall have a 14 ft.
minimum width plus one ft. shoulders.
(1) Slopes from 11% to 15% shall be surfaced
using 2.5 inches of A.C. or better on a 6 inch aggregate base
from a public street to the proposed dwelling.
(2) Slopes from 15% to 17% shall be surfaced
using a 4 inch PCC concrete rough surfaces on a 4 inch aggregate
base from a public street to the proposed dwelling.
m. Applicant agrees to hold City harmless from all
costs and expenses, including attorneyfs fees, incurred by the
City or held to be the liability of City in connection with
Cityfs 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.
n. 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.
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.
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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 16th day of February ,
1994, by the following vote:
AYES: Councilmembers Anderson, Burger, Kohler, Monia and Mayor Tucker
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Deputy City
Februax7 7, 1994
mnrsw\273 \res \dr93-030. asr