HomeMy WebLinkAboutCity Council Resolution 95-38 Resolution No. 95- 38
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA GRANTING
AN APPEAL FROM THE DECISION OF THE PLANNING COMMISSION
DR-95-015; ABDULIAH; 14755 ALOHA AVENUE
WHEREAS, Mr. and Mrs. Asim Abdullah, the applicants, submitted an application requesting
Design Review approval to construct an 874 square feet second story addition and to add a
1,279 square feet of first level floor area to an existing 1,259 square foot one-story residence;
and
WHEREAS, on June 28, 1995, 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 denied the application;
WHEREAS, the denial by the Planning Commission was appealed to the City Council by the
applicants;
WHEREAS, on July 19, 1995, 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;
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.
NOW, THEREFORE, be it resolved by the City Council of the City of Saratoga as follows:
A. By unanimous vote of the City Council the appeal from the Planning Commission
is hereby granted and the decision of the Planning Commission is reversed, to wit:
the applicant has met the burden of proof required to support the application and
the following finding have been determined:
The height, elevations and placement on the site of the proposed second story,
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's maximum height is limited to 23 feet and upper story windows
have been directed to the larger yard areas to minimize such impacts.
- 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 no grade changes are required and only one (1) tree (an old walnut) is
proposed for removal.
The proposed second story addition 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 utilizes a
combination of horizontal and vertical articulations, and the design employs
similar architectural elements utilized in surrounding homes to minimize bulk
and mass concerns.
- The proposed second story addition 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 height of the second story (23 ft.) is lower than
surrounding 26 foot tall two story homes within the same zoning district, and the
placement of the second story (within the middle of the parcel) will not cause
impacts to surrounding properties ability to utilize solar energy.
- The proposed site development or grading plan incorporates current grading and
erosion control standards used by the City.
The proposed second story addition 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.
B. After careful consideration of the site plan, architectural drawings, plans and other
exhibits submitted in connection with this matter, the application of Abdullah 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 a Building 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 (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 Arbodst (e.g. tree
protective fencing) shall be noted on the plans.
d. Revised plans indicating the elimination of the second story bedroom and
2
master bath windows along the rear elevation.
3. 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 comer lot shall exceed three (3) feet in height.
4. No ordinance size tree shall be removed without first obtaining a Tree Removal
Permit.
5. Any future landscaping or irrigation installed beneath the canopy of an
ordinance protected oak tree shall comply with the "Planting under Old Oaks"
guidelines prepared by the City Arborist. No irrigation or associated trenching
shall encroach into the driplines of any existing oak trees unless approved by the
City Arborist.
6. 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.
7. Prior to issuance of a Zoning Clearance, the site plans shall be revised to
indicate the following:
a. Six foot tall chain link or welded wire mesh tree protective fencing shown
around the driplines of the two (2) walnut trees and one (1) redwood tree
with a note "to remain in place throughout construction".
b. The location of pervious material to be placed beneath the dripline of the
redwood tree. The following instructions shall also be noted on the plans:
No more than 3 inches of cut soil shall occur beneath the tree's dripline; the
sub-base material shall also consist of pervious material; and the material
shall not be compacted beyond an acceptable level specified by the City
Arborist.
8. Prior to issuance of Building or Grading Permits:
a. Tree protective fencing shall be installed and inspected by staff.
9. If the applicant/owner later decides to demolish or rebuild the existing residence,
the City Arborist shall review the site in order to provide recommendations for
tree preservation.
10. Roof covering shall be fire retardant, Uniform Building Code Class A.
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 Waning 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.
14. Applicant agrees to hold City harmless from all costs and expenses, including
attoruey'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.
C. Construction must be commenced within 24 months or approval will expire.
D. 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 August ,1995, by the following vote:
AYES: Council members ~acobs, Moran, Tucker, Wolfe and Mayor Burger
NOES: None
ABSEN~F: None
l~ayor C/ ~_~ /
ATTEST:
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Deputy City
August 1, 1995
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