HomeMy WebLinkAboutCity Council Resolution 94-46 RESOLUTION NO. 94-46
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF 8ARATO~t DENYING
aN appEAL FROM THE D~CISlON
OF THE PLANNING COMMISSION RELATINO TO
DXBIGSRBV'IBWAPPROVAL DR-94-024
ROBBRT87 %4350 DOUGLASS LANB (PARCEL ONE)
WHEREAS, Roberts, the Applicant had made an application for
Design ReviewApproval to demolish an existing older residence and
construct a new 5,638 square foot two story structure in its place;
and
WHEREAS, on September 14, 1994, the Planning Commission of the
City of Saratoga held a duly noticed public hearing on said
application at which 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
Final Development Plan Application; and
WHEREAS, Appellant*s Robert and Annette Woolsey have appealed
the granting of Design Review Approval by the Planning Commission
to the Council; and
WHEREAS, on November 2, 1994, the City Council conducted a de
novo public hearing on the Appeal, which included a review of the
entire Design Review Application, 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 bythe Planning Commission
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 split vote of the City Council (Councilmember Moran
voting in opposition) the Appeal from the Planning Commission is
hereby denied, to wit: the Applicant has met the burden of proof
required to support the Application for Design Review approval with
the conditions as modified herein below set forth, and the
following findings have been determined:
- the height, elevations and placement on the site of the
proposed main or accessary 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
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unreasonable interference with views and privacy, in that
the structure is less than the maximumheight permitted,
exceeds minimum setbacks and is situated well away from
adjoining homes.
- the natural landscape will be preserved insolaf as
practicableby 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 home
would be cut into the east facing slope, allowing a
single-story front elevation. Tree removal is limited
to three Monterey Pines recommended for removal by the
City Arborist.
- The proposed main 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 home
is cut into the site to reduce its visual mass and the
architecture is compatible with the various styles of
homes in this vicinity.
- 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 ability of adjacent
properties to utilize solar energy, in that the home is
cut into the site to reduce its visual mass and the
architecture is compatible with the various styles of
homes in this vicinity.
- 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.
2. After careful consideration of the site plan,
architectural drawings, plans and other exhibits submitted in
connection with this matter, the application of Roberts 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" and Exhibit "B", incorporated by
reference.
2. Prior to submittal for Building or Grading Permit, the
following shall be submitted to Planning Division staff
in order to issue a Zoning Clearance:
a. Four (4) sets of complete construction plans
incorporating this Resolution as a separate plan
page.
b. One (1) set of engineered grading and drainage
plans, 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 ft. In addition, no fence or wall shall
exceed six (6) feet in height and no fence or wall
located within any required front yard shall exceed
three (3) feet in height.
5. No structures or built improvements shall be permitted
within the open space easement.
6. No ordinance size tree shall be removed without first
obtaining a Tree Removal Permit, with the exception of
trees #17, #21, #22, and #23.
7. All exposed slopes shall be contour graded.
8. Landscaping per Exhibit "A" shall be installed prior
to final occupancy.
9. Prior to issuance of a Zoning Clearance, applicant
shall submit the following for Community Development
Director review and approval:
a. Final landscape plans indicating all of the
planting shown per Exhibit "A" and necessary
irrigation. The types of trees to be planted,
and their exact locations, shall be subject to
the Community Development Director's approval
based on input from affected neighbors with
regard to view preservation.
b. Landscaping shall be of native and drought
tolerant species in conformance with the City's
xeriscape guidelines.
c. Verification that the Heritage Preservation
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Commissionws conditions of approval adopted on
6/14/94, and incorporated herein by reference,
have been completed.
d. Revised plans incorporating the rear elevation
changes presented to the City Council per Exhibit
"B", as modified by the deletion of the north
elevation balconies.
e. A revised material board indicating that exterior
colors shall be medium-to-dark earthtones subject
to review and approval by the Community
Development Director.
10. All requirements of the City Arborist~s Report dated
6/23/94 shall be met. This includes, but is not
limited to|
a. Prior to issuance of a Zoning Clearance:
· Six (6) ft. chain link tree protective fencing
shall be shown on plan, with not "to remain in
place throughout construction."
· Existing on site fill soil and construction
debris shall be removed from under the canopy
of tree #11. The grading plan shall also be
modified to eliminate proposed cut within
canopy of tree #12.
b. Prior to issuance of a Demolition, Grading or
Building, Permit:
· Tree protective fencing shall be installed and
inspected by the City Arborist.
· If tree #23 is transplanted elsewhere on the
site, it shall be done under the supervision
of an ISA certified arborist.
c. Before, during and following construction, the
following preservation measures for tree #24
shall be performed.
· Inject 100 gallons of water into all areas
beneath the existing canopy.
· Make soil cuts at least 12 feet from the trunk
with mechanized equipment.
· Remove soil between 12 feet from the tree and
the final vertical cut with hand tools. Care
must be taken to avoid damage to roots in this
process.
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· Cut roots with hand shears or saw. Cover root
stubs of 2 inches or larger in diameter with
plastic sandwich bags tied up with tape.
· Place a soaker hose at the margin of the final
cut. Run it everyday for 15 minutes (not
longer).
· Cover the soaker hose with old carpet pieces
to reduce evaporation.
· Any questions regarding the above measures
should be directed to staff be~0~e work
commences. If necessary, the City Arborist can
be available at the site to oversee activity.
d. Prior to Final Occupancy, the City Arborist shall
inspect the site to verify that all required tree
preservation measures have been followed.
11. Any portion of the structure located under the dripline
of a tree shall have pier and grade beam foundation
with the beam poured at original grade.
12. All building and construction related activities shall
adhere to new Development and Construction - Best
Management Practices as adopted by the City for the
purpose of preventing storm water pollution.
13. Prior to issuance of a Zoning Clearance, the applicant
shall submit to the City, in a form acceptable to the
Planning Director, security in the amount of $1,748
pursuant to the report and recommendation by the City
Arborist to guarantee the installation, replacement,
maintenance, and/or preservation of trees on the
subject site. This security will be released in whole,
or in part, based on the recommendation of the City
Arborist following his Final Occupancy inspection.
14. Early Warning Fire Alarm System shall be installed and
maintained in accordance with the provisions of Article
16-60 City of Saratoga.
15. 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.
16. Automatic sprinklers shall be installed in garage.
17. Pursuant to the Tentative Parcel Map Approval
Resolution, the developer shall install one fire
hydrant that meets the Fire District~s specifications
prior to the construction of any building.
lS. Applicant agrees to hold City harmless from all costs
and expenses 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.
19. 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. Applicant shall sign the Agreement to these conditions
within 30 days of the passage of this Resolution or said Resolution
shall be void.
4. Construction must be commenced within 24 months or
approval will expire.
5. All applicable requirements of the State, County, City
and other governmental entities must be met.
Passed and adopted at a regular meeting of the City Council
of the City of Saratoga held on the 16th day of November ,
1994 by the following vote:
AYES: Councilmembers Jacobs, Moran, Tucker and Wolfe
NOES: None
ABSENTMayor Burger
ABSTAIN: None
Mayor
ATTEST:
Deputy City Cler~
273\res\denlal. :jde
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