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Home My WebLink AboutCity Council Resolution 94-47 RESOLUTION NO. 94-47 A RESOLUTION OF THE CITY COUNCIL OF THE CXTY OF SARATOGA DENYING AN AppEAL FROM THE DECISION OF THE PLANNIN~ COMMISSION RELATING TO DESIGN REVIEW APPROVaL DR-94-025 ROBXRTB; ~4360 DOUGLASB LANE (PARCEL TWO) WHEREAS, Roberts, the Applicant had made an application for Design Review Approval to demolish an existing older residence and construct a new 5,434 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 by the 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 theApplication for Design Review approval with the conditions as modified herein below set forth, and the following findings have been determined: 1 - 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 unreasonable interference with views and privacy, in that the structure is less than the maximum height permitted, exceeds minimum setbacks and is situated well away from adjoining homes. - 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 grade changes are minimal and no tree removal is necessary or proposed. - 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 located at a lower elevation than adjacent homes and is screened by topography and vegetation. - 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 usedby 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", incorporated by reference. 2 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. open space protective fencing) shall be noted on the plans. 3. 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 besubject 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. A Creek and Riparian Corridor Protection Plan subject to review and approval bythe Community Development Director. 4. Prior to issuance of a Grading or Building Permit: a. Riparian/open space easement protective fencing shall be installed along the entire south boundary of the open space easement to protect it from construction activity encroachment. This fencing shall remain in place throughout construction. 5. The maximum height of an exposed underfloor area shall not exceed 5 ft. 6. 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 3 three (3) feet in height. 7. No structures or built improvements shall be permitted within the open space easement. S. 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 stormwater pollution. 9. No ordinance size tree shall be removed without first obtaining a Tree Removal Permit. 10. All exposed slopes shall be contour graded. 11. Exterior colors shall be per the submitted material board reviewed and approved by the Planning Commission. 12. Early Warning Fire Alarm System shall be installed and maintained in accordance with the provisions of Article 16-60 City of Saratoga. 13. 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. 14. Automatic sprinklers shall be installed in garage. 15. 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. 16. 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. 17. 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 $250 shall be payable to this City per each day of the violation. 4 3. Applicant shall sign the Agreement to these conditions within 30 days of the passage of this Resolution or said Resolution shall be void. 4. Construction must be commenced within 24 months or approval will expire. 5. All applicable requirements of the State, County, City and other governmental entities must be met. Passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 16th day of November , 1994 by the following vote: AYES: Councilmembers ~acobs, Moran, Tucker and Wolfe NOES: None ABSENT: Mayor Burger ABSTAIN: None , ............. Mayor ATTEST: Deputy City mnrsw\273\res\DR94-92$ .msr 5