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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 2 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 3 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 4 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 I:\WPDMMNRSW~73XRES98xJ'qEOGY.98 7