HomeMy WebLinkAboutCity Council Resolution 97-16 B-t
RESOLUTION NO. 97-16
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA GRANTING AN APPEAL FROM
THE DECISION OF THE PLANNING COMMISSION
DR-96-059; PINN BROTHERS CONSTRUCTION;
19825 DOUGLASS LANE
WHEREAS, Pinn Brothers Construction, the applicant, has applied for design
review approval to construct a 6,092 square foot two-story residence at a height of 26
feet; and
WHEREAS, on February 12, 1997, 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, granted the
application in pan and denied it in pan; and
WHEREAS, applicant has appealed the denial portion of the Planning
Commission action to the City Council; and
WHEREAS, on March 19, 1997, 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 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:
1. By split vote of the City Council (Councilmembers Jacobs and Moran
voting in opposition) the appeal from the Planning Commission is hereby granted
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and the decision of the Planning Commission is reversed in part, 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 adiacent lots and within the neighborhoods;
and (ii) community view sheds will avoid unreasonable interference with
views and privacy, in that the location of the proposed residence meets
or exceeds minimum setback requirements and will be screened by
existing trees on the lot.
- 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
and undeveloped areas, in that the residence is located to minimize
removal of ordinance protected trees, and the amount of grading is
limited to the amount necessary to accommodate the structure's
foundation and terrace.
- The proposed residence in relation to structures on adjacent lots, and to
the surrounding area, will minimize the perception of excessive bulk and
will be integrated into the natural environment, in that the structure's
design incorporates elements which minimize the perception of bulk and
is similar in scale, style and size to other homes in the neighborhood.
- The proposed residence will be compatible in terms of bulk and height
with (i) existing residential structures on adiacent 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 adiacent properties nor (ii) unreasonably impair the
ability of adjacent properties to utilize solar energy, in that the height
and design of the residence is compatible with surround residences in
the neighborhood and the residence is setback in compliance with the
minimum required setbacks.
- 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.
2. After careful consideration of the site plan, architectural drawings, plans
and other exhibits submitted in connection with this matter, the application of Pinn
Brothers Construction 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 Building 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. Four (4) set of engineered grading and drainage plans, also
incorporating this Resolution as a separate page.
c. All applicable requirements/conditions of the Resolution
shall be noted or otherwise incorporated into the final plans.
3. No fence or wall shall exceed six feet in height and no fence or
wall located within any required front yard shall exceed three feet
in height.
4. No structure shall be permitted in any easement.
5. All requirements of the City Arborist's Reports dated 12/27/96
shall be met. This includes, but is not limited to:
a. Prior to issuance of a Zoning Clearance the site and grading
plans shall be revised to indicate the following:
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· The Arborist Report shall be attached, as a separate
plan page, to the plan set and all applicable measures
noted on the site and grading plan.
· Five (5) ft. chain link tree protective fencing shown as
recommended by the Arborist with a note "to remain in
place throughout construction." Trees adjacent to the
barn on lots 5 and 6 shall also be fenced.
Subject to review by the City arborist and approval by
staff, a relocated driveway which minimizes interference
with the dripline of tree number 3 as identified in the
Arborist Report. Driveway shall ve of pervious material
and constructed at grade.
· A note shall be included on the site plan stating that no
construction equipment or private vehicles shall park or
be stored within the dripline of any ordinance protected
trees on the site.
Trenching for utilities shall be shown on the site plan
and located, as much as possible, outside of the
driplines of all trees which will be preserve during
construction.
· The applicant shall submit to the City, in a form
acceptable to the Community Development Director,
security in an amount of $12,139 (equal to 25% of the
value of existing trees on site) pursuant to the report
and recommendation by the City Arborist to guarantee
the maintenance and preservation of trees on the
subject site.
· Details for a barrier to protect tree number 1 and 2
from oncoming traffic to the specifications of the
Arborist report. All required permits shall be obtained
from the Public Works Department.
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· The grading beneath trees #3 should be kept to not
more than three feet from the foundation of the
structure.
b. Prior to issuance of Building or Grading Permits all of the
protection measures shall be completed, which includes but
is not limited to the following:
· Tree protective fencing shall be installed and inspected
by staff. Fencing shall consist of chain link material
with a minimum height of 5 feet mounted on 2 inch
galvanized pipe driven 2 feet into the ground.
· Bark chips shall 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.
c. Prior to Final Occupancy approval:
· Native replacement trees valued at $8,404 shall be
installed and inspected by staff. This is equivalent to
one 48 inch box, two 36-inch box, one 24-inch box, and
three 15-gallon native trees.
· Tree # I and #2 shall be pruned by an ISA certified
Arborist pursuant to the Arborist Report.
° The City Arborist shall inspect the site to verify
compliance with tree protection measures. Upon a
favorable site inspection by the City Arborist and
approval by the Community Development Director the
tree preservation bond shall be released.
6. Demolition of the existing home shall be done with great care to
avoid damage to tree #3. The work shall be done from the inside
of the stntcture, only after all tree protection fencing and
mulching is in place.
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7. No ordinance size tree shall be removed ~vithout first obtaining a
Tree Removal Permit with the exception of tree #5, 7 and 9
pursuant to the Arborist reports of 1 I/5/96.
8. 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.
9. Early Warning Fire Alarm System shall be installed and
maintained in accordance with 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.
11. Automatic sprinklers shall be installed in garage.
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. 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.
14. 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.
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Section 2. Construction must be commenced within 24 months or approval
will expire.
Section 3. 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 2rid day of April, 1997, by the following vote:
AYES: Councilmembers Bogosian, Shaw and Wolfe
NOES: Councilmember Jacobs
ABSENT: Mayor Moran
ABSTAIN: None
~f~Mayor .~::./"
ATTEST:
Deputy CityfCler~k~ '
March 24, 1997
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