HomeMy WebLinkAboutCity Council Resolution 97-33 RESOLUTION NO. 9 7 - 3 3
CITY OF SARATOGA CITY COUNCIL
STATE OF CALIFORNIA
METZLER; 12181 Mellowood Drive
WHERFAS, Metzler, the applicant has applied for Design Review approval to
construct a 1,082 square foot, two story addition to an existing 1,830 square foot
residence at a maximum height of 22 feet, 4 inches; and
WHEREAS, on April 9, and May 28, 1997, the Planning Commissioner of the
City of Saratoga held a duly noticed public heating 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; and
WHERFAS, pursuant to Section 2-05.030(d) of the Saratoga City Code, the
City Council exercised its authority to "call-up" the granting of the Design Review
approval by the Planning Commission, for Council review, which review, pursuant to
the City Code is to be treated as an appeal; and
WHEREAS, on July 2, 1997, the City Coundl conducted a de novo public
hearing on the appeal at which time any person interested 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 Coundl of the City of
Saratoga as follows:
Section 1. By split vote of the City Council (Council Members Bogosian and
Shaw voting in opposition) the appeal from the Planning Commission is hereby
denied and the decision of the Planning Commission is affirmed 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 addition meets
or exceeds minimum 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
and undeveloped areas, in that the addition requires no ordinance
protected trees to be removed and the amount of grading is limited to
the amount necessary to acconunodate the structure's foundation.
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 adjacent lots and those within
the immediate neighborhood and with 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 and design
of the addition is compatible with surrounding 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.
- The proposed 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.
Section 2. After careful consideration of the Site plan, architectural drawings,
plans and other exhibits submitted in connection with this matter, the application of
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Metzler for Design Review approval be and the same is hereby granted to the extent
set forth above and only subiect to the following conditions:
1. The devdopment 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. The site and grading plans shall be revised to indicate the
following:
· Five (5) ft. chain link tree protective fencing around all
ordinance protected trees show with a note "to remain in
place throughout construction."
· 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 preserved during construction.
· A revised site plan showing a row of evergreen screen trees
along the rear property line.
· A floor area schematic diagram included in the final plan
set to verify floor area amounts.
3. Prior to the issuance of a Zoning Clearance the applicant shall move the
boat on the property to comply with the storage requirements of City Code Section
15-12.160.
4. 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:
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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.
5. 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.
6. No structure shall be permitted in any easement.
7. No ordinance size tree shall be removed without first obtaining a Tree
Removal permit.
8. 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.
9. 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.
10. 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.
Section 3. Construction must be commenced within 24 months or approval
will expire.
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Section 4. All applicable requiremenu of the state, county, City and other
government entities must be met.
Passed and adopted at a regular meeting of the City Counc~ of the City
of Saratoga held on the 16th day of July , 1997 by the following vote:
AYES: Councils Bogosian, Jadobs, Shaw, Wolfe, and Mayor Moran
NOES
ABSENT: None ~'~
~ C_~ Mayor/
ATTEST:
City Clerk
F:\WPDXMNRSW'X273XilliS9 AMETZLER. 707
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