HomeMy WebLinkAboutCity Council Resolution 98-27 RESOLUTION NO. 98 - 27
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA GRANTING AN APPEAL FROM
THE DECISION OF THE PLANNING COMMISSION
RELATING TO DESIGN REVIEW APPROVAL
DR-97-060, NEOGY; 22665 GARROD ROAD
WHEREAS, Neogy, the applicant had made an application for design review
approval to construct a new 6489 square foot two-story residence with a maximum
height of 26 feet on a 4.48 acre parcel; and
WHEREAS, on May 27, 1998, the Planning Commission of the City of
Saratoga held a duly noticed public hearing on said application at which all interested
parties were given a full opportunity to be heard and to present evidence and
following the conclusion thereof, the Planning Commission voted to deny the
application; and
WHEREAS, the denial by the Planning Commission has been appealed to the
City Council by the applicant; and
WHEREAS, on July 15, 1998, the City Council conducted a de novo public
hearing on the appeal, which included a review of the entire design review permit
application, at which time any person interested in the matter was given a full
opportunity to be heard and to present evidence; and
WHEREAS, the City Council reviewed and considered the staff report,
minutes of proceedings conducted by the Planning Commission relative to the
application, and all 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 split vote of the City Council (Councilmember Moran
voting in opposition) the appeal from the Planning Commission is hereby granted, 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 impacts on adjacent
properties. The design also minimizes intensely habited rooms on the western
portion of the structure, minimizing privacy 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 keeping with the
general appearance of neighboring developed areas and undeveloped areas. Beyond
pool excavation, no further grading will be permitted.
-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 structure's design incorporates
elements which minimize the perception of bulk and integrate the residence into the
surrounding environment by facade articulation, relatively dark exterior materials and
colors, and by its very large front yard setback.
-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 height of the residence is compatible with surrounding
residences in the neighborhood.
-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.
After careful consideration of the site plan, architectural drawings, plans and
other exhibits submitted in connection with this matter, the application of Neogy 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 "B",
incorporated by reference. In particular, the applicant shall use medium to
dark earthtones and materials, all of which shall be non-reflection.
2. Prior to the arrival of any construction equipment, the applicant shall install
tree protective fencing as required by the City Arborist, meaning five (5) ft.
chain link tree protective fencing )mounted on two-inch galvanized pipe,
driven two feet into the ground) shown at the dripline of each tree as
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recommended by the Axborist for trees 2, and 5-13. The fences are to remain
in place for the duration of the project. They may be relocated only for the
hand-exavation of excess f~l as required by the City Arborist.
3. 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 Project Engineering Geologist shall clearly identify the controlling
fault and fault type and provide seismic design parameters for use by the
Project Structural Engineer (as required by the 1997 Uniform Building
Code).
c. The project consultants shall consider providing options for slope
stabilization or fill slope mitigation to ensure the long-term stability of
the residential structures and driveway.
d. The Project Geotechnical Engineer shall provide recommendations for
minimum steel reinforcement for residential foundations and retaining
walls. Typical pier design criteria for other projects in the area require a
minimum of 4 No. 5 bars vertical with No. 3 ties (or spiral) and a
minimum 16-inch diameter pier.
e. The owner (applicants) shall pay any outstanding fees associated with
the City Geotechnical Consukant's review of the Project.
f. The owner (applicants) shall enter into an agreement holding the City of
Saratoga harmless from any claim of slope instability, slides, slope
failure, or other soil-related and/or erosion-related conditions.
4. Prior to issuance of a Zoning Clearance, the applicant shah pay any
outstanding fees associated with the City Geotechnical Consultant's review of
the project.
5. No new 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. Fences and walls shall comply with the HR district fencing requirements
contained in Article 15-29.020 of the City Code.
7. No ordinance protected tree shall be removed without first obtaining a Tree
Removal Permit, with the exception of trees 1 and 3, for which the City
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Arborist has determined a replacement value of $2,643; replacement trees
equaling this value must be planted on site prior to Final Occupancy approval.
8. All requirements of the City Arborist's report, dated December 17, ! 997, shall
be met. This includes, but is not limited to:
a. Prior to issuance of a Zoning Clearance, the site plans shall be revised to
indicate the following:
· The arbofist report shall be attached, as a separate plan page, to
the plan set and all applicable measures noted on the site and
grading plan.
· Trees I and 3 shall be removed.
· The root collars of trees 2, 4-8, and 13 shall be excavated by hand
by a professional experienced with this procedure, such as an ISA
certified arborist or qualified landscape contractor. The finished
root collar clearing must leave all 5-6 buttress roots visible to 12''
away from the trunk. To prevent soil slippage after these
excavations, applicants must install dry layed cobble stones
without a footing on the new cut slope up hill from those tree
trunks in which an 18 inch or greater depth of soil must be
retained.
· Any grading (including scraping and leveling) to be done within
12 linear feet of tree 2 shall be done with hand tools and a
wheelbarrow. Any portion of the new driveway within 12 feet of
this tree shall be constructed of pervious materials. Base rock
containing granite fines is not sufficiently pervious and must be
used as a base material.
· Special conditions are imposed on tree 4: If more than one-third
of this tree's canopy is removed to make room for the new
construction, the full value of the tree shall be forfeited and tree
replacement requirements shall be increased to include on 36-inch
box and one 48-inch box native tree).
· To compensate for the removal of trees 1 and 3, applicants shall
be required to plant an additional two 36-inch box native
replacement trees elsewhere on the site.
· All retained trees shall be protected by fencing as described in
condition 2 of Section 1 of this Resolution. Fencing shall be
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prior to approval. Should more than one-third of the canopy of
tree 4 be removed, additional native replacement trees equal to
$5,648 (equivalent to one 36-inch box and one 48-inch box
native replacement trees) shall be planted on site.
· The City Arborist shall inspect the site to verify compliance with
tree protective measures. Upon a favorable site inspection, and
approval by the Community Development Director the bond
shall be released.
Planning staff shall inspect the site to verify that the plantings
prescribed in the submitted landscape plan have been
satisfactorily installed.
11. Roof coveting shall be fire retardant, Uniform Building Code Class "A"
prepared or built-up roof.
12. Early Warning Fire Alarm System shall be installed and maintained in
accordance with the provisions of Article 16-60 City of Saratoga.
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 newly constructed attached garages (3
heads per stall). The applicant is to contact the San Jose Water Company to
determine the size of senrice and meter needed to meet fire suppression and
domestic requirements.
15. Automatic sprinklers are required for the new residential dwelling. A 4-head
calculated sprinkler is required. Documentation of the proposed installation
and all calculations shall be submitted to the Fire District for approval. The
sprinkler system must be installed by a licensed contractor.
16. All driveways shall have a minimum 14 foot wide width plus I foot shoulders.
Driveway shall have a minimum inside radius of 2 1 feet.
17. 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.
18. Applicant agrees to hold City hamless 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.
19. 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 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 5th day of August ,1998 by the following vote:
AYES: Councilmembers Bogosian, Oacobs, Moran, Shaw and Mayor Wolfe
NOES None
ABSENT: None
ayor
ATTEST:
City Cl~erek~qf
MSR:tmc:apn
luly 19, 1998
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