HomeMy WebLinkAboutCity Council Resolution 96-51 WHEREAS, Basu, the applicants, have applied for design review approval to
construct a new two-story residence with a maximum height of 26 feet on a vacant
hillside parcel;
WHEREAS, on July 24, 1996, the Hanning 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 granted the
application;
WHEREAS, the granting by the Planning Commission has been appealed to
the City Council by Jalil Saffafian;
WHEREAS, on September 4, 1996, the City Coundl conducted a de novo
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:
Section 1. Design Review Findings for DR-96-021.
By unanimous vote of the City Council the appeal from the Planning
Commission is hereby denied, and the decision of the Planning Commission is
affirmed, with the following modification: All native replacement trees required by
this approval shall be strategically grouped to provide the greatest amount of
screening reasonably possible between the subiect property and the properties
immediately above and below the subiect property.
The applicants have met the burden of proof required to support the design
review 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 adiacent lots and within the neighborhoods; and (ii) community
view sheds will avoid unreasonable interference with views and privacy, in that
the proposed residence will not create adverse privacy impacts for the
surrounding properties and will not unreasonably interfere with existing views.
- 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 change will be minimized and will be in keeping with the
general appearance of neighboring developed areas and undeveloped areas, in
that the proposed structure will follow the existing topographic contours and
the natural vegetation will be preserved as much as possible. Native
replacement trees will be planted in order to reestablish vegetation which will
be removed to accommodate construction.
- The proposed residence in relation to structures on adjacent lots, and to the
surrounding region, will minimize the perception of excessive bulk and ~vill be
integrated into the natural environment, in that the proposed design is similar
in scale, style, and size to other homes in the area.
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 26 feet, the residence is setback in compliance with the minimum
required setbacks, and the design is compatible with other homes in the area.
The proposed site development or grading plan incorporates current grading
and erosion control standards used by the City.
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- 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 additional height of the accessory structure will increase its compatibility
with the main residence and the accessory building will be compatible with the
surrounding neighborhood.
Section 2. After careful consideration of the site plan, architectural drawings,
plans and other exhibits submitted in connection with this matter, the application of
Basu for design review approval be and the same is hereby granted to the extent set
forth above and only 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 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 senarate vlan vaee.
b. Four (4) sets of engineered grading and drainage plans, also
incorporating this Resolution as a separate plan p~tge.
c. All applicable requirements/conditions of the Resolution (e.g.
modifications to plans) shall be noted on the plans.
3. All requirements of the City Arbofist's Report dated June 4, 1996 shall be
met. This includes, but is not limited to:
a. Prior to issuance of a Zoning Clearance the site plan, grading plan,
and/or landscape plan shall be revised to indicate the following:
· Tree protective fencing as recommended by the Arborist shall be
shown on the site plan with a note "to remain in place throughout
construction. '
· A note shall be included on the site plan stating that no construction
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equipment or private vehicles shall be parked or stored within the
dripline of any ordinance protected tree on the site.
· Trenching for utilities shall be shown on the grading plan and shall
be located outside of the driplines, as much as possible, of all trees
which will be preserved during construction.
· The landscape plan shall be revised to indicate that the decomposed
granite pathway will be located a minimum of 10 feet outside of the
dripline of trees #5 and #6. A note shall be added to the plan which
indicates that any portion of the pathways which are within the
canopy of any ordinance protected tree shall be installed on top of
existing grade without any excavation. Any material used to retain
the pathway must also be installed on top of existing grade. Up to 6
inches of fill soil may be installed to hold the edges of the
decomposed granite or to restore grade but no fill soil shall reach the
root collar of any tree.
· Native replacement trees equal in value to $12,849 shall be
incorporated into the landscape plan. Trees which are successfully
transplanted shall count against this replacement value.
· A note shall be added to the landscape plan to indicate that tree # 11
shall be transplanted. Any non-ordinance trees which are suitable
for transplanting should also be indicated.
° The applicant shall submit to the City, in a form acceptable to the
Planning Director, security in an amount of $6,042 pursuant to the
report and recommendation by the City Arborist to guarantee the
installation, replacement, maintenance, and/or preservation of trees
on the sub}ect site. 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.
c. Prior to issuance of Building or Grading Permits:
· Tree protective fencing shall be installed and inspected by City staff.
Fences shall be of 5 ft. tall chain link material installed or 2 in.
galvanized iron posts driven 2 ft. into the ground.
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· Bark chips shah be placed inside the protective fencing under the
canopy of each tree. A 12 inch area around the root collar of each
tree shall be left bare and dry.
· Tree it 11, as identified by the City Arborist, shall be transplanted
under the supervision of an ISA certified arborist.
d. Prior to Final Occupancy approval:
· All replacement trees shall be planted and irrigation installed.
· All required pruning, soil removal, mistletoe removal, etc. shall be
complete.
· All outstanding Arborist fees shall be paid.
4. 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.
5. No ordinance size tree, other than trees it9 - it20, i122, and #26, as
indicated in the City Arborist's report, shall be removed without first obtaining a
Tree Removal Permit.
6. The maximum height of the structure shall not exceed 26 feet above the
natural grade. The maximum height of the detached garage shall not exceed 15 feet
above the natural grade.
7. The maximum height of an exposed underfloor area shall not exceed 5 feet
above the existing grade level.
8. 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 from yard shall exceed three feet in height.
9. Fences and walls shall comply with the hillside district fencing requirements
contained in Section 15-29.020 of the City Code.
I 0. All exposed slopes shall be contour graded.
11. Roof covering shall be fire retardant, Uniform Building Code Class A
prepared or built-up roofing.
12. Early Warning Fire Alarm System shah be installed and maintained in
accordance with the provisions, City of Saratoga Code - Article 16-60.
13. Early Warning Fire Alarm System shall have documentation relative to the
proposed installation and shall be submitted to the Fire District for approval.
14. Automatic sprinklers shall be installed in the garage.
15. All driveways shall have a 14 ft. minimum width plus 1 ft. shoulders. Slopes
from 15% to 17% shall be surfaced using a 4" PCC concrete rough surfaced on a 4"
aggregate base from the public street to the proposed dwelling. Driveway curves shall
have a minimum inside radius of 2 1 ft.
16. The width of the entrance gate shall not be less than 14 ft. The gate shall be
controlled by a remote digital transmitter. Details shall be shown on building plans.
17. Both the Project Engineering Geologist and Project Geotechnical Consultant
shall review and approve all geotechnical siting and design aspects of the detailed site
development plans (i.e., site preparation and grading, site drainage improvements,
locations of structures, and design parameters for foundations and driveway) to
ensure that their recommendations have been properly incorporated. The
consultants shall verify the location of the fault setback and confirm that the
residential structure is located outside of the setback zone.
The results of the plan reviews shall be summarized by the consultants in a
letter and submitted to the City Engineer for review and approval prior to issuance of
building or grading permits.
18. The Project Engineering Geologist and Project Geotechnical Engineer shall
inspect, test (as needed), and approve all geotechnical aspects of 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 and retaining walls prior to the placement of steel and concrete. The
Project Engineering Geologist shall inspect excavations for the driveway, garage,
residence and retaining walls to confirm that the residential structure is a minimum
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of 10 feet from the nearest fattit trace.
The results of these inspections, geologic logs of subsurface exposures and the
as-built conditions of the project shall be described by the Project Engineering
Geologist and Project Geotechnical Engineer in a letter (s) and submitted to the City
Engineer for review prior to finalization of the grading permit.
19. 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.
20. Prior to issuance of a Zoning Clearance, the applicant shall record a deed
restriction in order to ensure that no habitable structures are built to the west of the
slope stability setback line as recommended by the applicant's geologic and
geotechnical consultants.
21. 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.
22. Applicant agrees to hold City harmless from all costs and expenses, including
attomey'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.
23. 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.
Passed and adopted at a regular meeting of the City Council of the City of
Saratoga held on the 1Bth day of Septi,, 1996, by the following vote:
AYES: Councihnembers Burger, Moran, Tucker, Wolfe and Mayor Jacobs
NOES:
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ABSENT: None
None
ABSTAIN:
ATTEST:
Deputy City
I:\WPDMVINRSW~273MR_ES96~BASU. DEN
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