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HomeMy WebLinkAboutCity Council Resolution 96-40 Resolution No. 96- 40 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA GRANTING AN APPEAL, WITH MODIFICATIONS, FROM THE DECISION OF THE PLANNING COMMISSION DR-96-007; COSTA; 1899..8 TEN ACRES ROAD WHEREAS, Costa, the applicant, has applied for design review approval to construct a 5,676 square foot single story residence with a maximum height of 24 feet, two inches, on a 44,867 square foot vacant parcel; and WHEREAS, on April 9.4, 1996, 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; and WHEREAS, applicant has appealed the denial of the Planning Commission to the City Council; and WHEREAS, on June 19, 1996, 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 WHEREAS, the City Council reviewed and considered the staff report, minutes of proceedings conducted by the Planning 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: Section 1. By a split vote of the City Council (Jacobs and Moran voting in opposition) the appeal from the Planning Commission is hereby granted with a modification to the allowable grading, as shown on Exhibit "B', 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 findings have been determined: The height, elevations and placement on the site of the proposed residence, 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 maximum height of the proposed residence is 24 feet - 2 inches and the residence will be constructed at a lower elevation than the surrounding properties. Additionally, the proposal meets or exceeds all setback requirements. 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 only trees will be planted as replacement trees. The proposed grading will set the residence into the hillside, lowering the height of the structure. The proposed residence 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 proposed design is similar in scale, style, and size to the other homes within this development. The proposed residence 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 maximum building height will not exceed 24 feet - 2 inches, the residence is setback in compliance with other homes in the area. The proposed site development or grading plan incorporates current grading and erosion control standards used by the City. The proposed residence 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. The proposed two-story residence is located within a neighborhood where there is a predominance of two-story structures. Seotion 2. The application of Costa 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' with the grading modifications as shown on Exhibit ~B", incorporated by reference. 2. Prior to submittal for Building and/or Grading Permits, 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 (i.e. modifications to the plans) shall be noted on the plans. 3. The maximum height of an exposed underfloor area shall not exceed 5 feet above the existing grade level. 4. All exposed slopes shall be contour graded. 5. No structure shall be permitted in any easement. 6. No retaining wall shall have an exposed height that exceeds five feet. In addition, no fence or wall shall exceed six feet in height and no fence or retaining wall located within any required front yard, or any exterior side yard of a reversed corner lot, shall exceed three feet in height. 7. Prior to issuance of a Zoning Clearance, the applicant shall modify the site plan to relocate the wrought iron fence along the north property line outside of the pedestrian and equestrian easement. Additionally, any portion of the fence which is located within the required exterior side yard shall not exceed 3 feet in height. 8. Prior to issuance of a Zoning Clearance, the applicant shall submit a revised landscape plan showing a minimum of ten 24" box size trees. At least half of these threes shall be located within the rear yard area to provide screening between properties. The trees shall be planted prior to issuance of Final Occupancy approval. 9. An Early Warning Fire Alarm System shall be installed and maintained in accordance with the provisions of Article 16-60 City of Saratoga. 10. 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. 11. Automatic sprinklers shall be installed in garage. 12. The applicants' geotechnical engineer shall review and approve all geotechnical aspects of the final development plans (i.e., site preparation and grading, site drainage improvements 3 and design parameters for foundations, etc.) to ensure that the plans specifications and details accurately reflect the consultants' recommendations. The results of the plan review shall be summarized by the applicants' geotechnical consultant in a letter and submitted to the City Engineer for review and approval prior to issuance of a grading permit. 13. The applicants' geotechnical engineer shall inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspections shall include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for foundations prior to the placement of steel and concrete. The results of these inspections and the as-built conditions of the project shall be described by the geotechnical consultant in a letter and submitted to the City Engineer for review and approval prior to finalization of the grading permit. 14. Prior to the issuance of a Zoning Clearance, the applicant shall pay any outstanding fees associated with the City Geotechnical Consultant's review of the project. 15. 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. 16. 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. 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 $250.00 shall be payable to this City per each day of the violation. 8ectien 3. Construction must be commenced within twenty- four (24) months or approval will expire. Section 4. All applicable requirements of the State, County, City and other governmental entities must be met. 4 Passed and adopted at a regular meeting of the ~~ouncil of the City of Saratoga held on the ~ day of , 1996, by the following vote: ~ AYES: Councilmembers Burger, Moran, Wolfe and Mayor Jacobs NOES: None ABSENT: Councilmember Tucker ABSTAINh0ne Mayor ATTEST: ~ ~' C~ 'Deputy City O:\PLANNING\COSTA.W61 5