HomeMy WebLinkAboutCity Council Resolution 98-33 RESOLUTION NO. 98- 33
A 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-98-003, DOUGLASS: 22 111 VILLA OAICS LANE
WHEREAS, Mr. and Mrs. Douglass, the applicant had made an application for
design review approval to conact a new 5,991 square foot two-story residence with a
maximum height of 22 feet, 6 inches on a vacant 4.89 acre parcel in a Hillside Residential
zoning district; and
WHEREAS, on August 12, 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;
WHEREAS, the denial of the Planning Commission has been appealed to the City
Council by the applicant; and
WHEREAS, on September 16, 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 the 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 a unanimous vote of the City Council (Councilmember Jacobs
having recused himself from participation in this matter) 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
adjacent 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 exceeds minimum setback
requirements;
all of the development except for the northern terrace will be placed on or
cut into the existing building pad with no development overhanging the
pad's edges;
the structure is proposed to be 22 feet, 6 inches in height, which will
minimize interference with views from the property to the west.
-The natural landscape will be preserved insofar as practicable by designing
structures to follow the natural contours of the site. The structure will be cut into
the site, reducing the structure's overall height while maintaining the site's existing
contours. The proposal will be in keeping with the general appearance of
neighboring developed areas and the undeveloped areas.
-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 proposed colors and materials will soften the structure's overall visual
impact;
the structure is arranged and cut into the site in such a way to minimize its
appearance of bulk and height from the front and east side elevations.
-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 and size of the residence are lower than and compatible with
surrounding residences in the neighborhood;
the proposed structure will be at least 100 feet from any structures to the
east.
-The proposed site development and 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, in that:
the proposed style is compatible with existing residential structures on
adjacent lots;
the structure is cut into the site to minimize the structure' s height and
minimize the perception of its height, especially from neighboring properties
to the east.
Section 2. After careful consideration of the site plan, architectural drawings, plans
and other exhibits submitted in connection with this matter, the application of Douglass
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.
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) separate sets of engineered grading and drainage plans, also
incorporating the Resolution as a separate plan page.
3. The Project Geotechnical Engineer shall review and approve all geotechnical
aspects of the final foundation and grading plans and structural calculations
for engineered improvements (i.e., building setbacks, site drainage
improvements and design parameters for foundations and retaining walls,
etc.) to ensure the consultant's recommendations have been properly
incorporated. The results of the plan reviews shall be summarized in letters
by the geologic and geotechnical consultants and submitted to the city for
review and approval by the City Engineer prior to issuance of a grading
permit.
4. The Project Engineering Geologist and Project Geotechnical Engineer shall
inspect, test (as needed) and approve all geotechnical aspects of the project
constructions. These inspections should include, but not necessarily be
limited to: 1 ) site surface and subsurface drainage improvements; and 2)
excavations for foundations and retaining walls prior to the placement of
steel, concrete, and engineered fill. The results of these inspections and the
as-built conditions of the project shall be described in letters and submitted
to the City Engineer for review prior to ~nalization of the grading permit.
5. Prior to issuance of a Zoning Clearance, the applicant shall pay any
outstanding fees associated with the city geotechnical consultant's review of
the project.
6. 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.
Fences and walls shall comply with the HR district fencing requirements
contained in Article 15-29.020 of the City Code.
7. Staff shall inspect and approve the landscaping per the submitted plan prior
to final inspection approval.
8. Roof covering shall be fire retardant, Uniform Building Code Class "A"
prepared or built-up roofing.
9. Early Warning Fire Alarm System shall be installed and maintained in
accordance with the provision of Article 16-60 City of Saratoga. Early
Warning Fire Alarm System shall have documentation relative to the
proposed installation and shall be submitted to the Fire District for
Approval.
I0. Automatic sprinklers shall be installed in newly constructed attached garages
(3 heads per stall). The applicant is to contact the San lose Water Company
to determine the size of service and meter needed to meet fire suppression
and domestic requirements.
11. Automatic sprinklers are required for the new residential dwelling. A 4-head
calculated sprinkler system 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.
12. All driveways shall.have a minimum 14 foot width plus 1 foot shoulders.
Driveway shall have a minimum inside radius of 21 feet.
13. 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.
14. 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.
15. 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.
16. Improvement plans shall be submitted for Parks and Recreation Commission
review and approval indicating a pedestrian/equestrian trail within the
existing easement which crosses the north end of the property. The trail
shall be improved to minimum Saratoga Parks and Trails Master Plan
Standards and shall be installed prior to final inspection approval.
Passed and adopted at a regular meeting of the City Council of the City of Saratoga
held on the 7th day of October ,1998, by the following vote:
AYES: Cou,ncilm~mb~rs Bogosjan, JaCobs, r~oran, S:ha~.~ and Hayor Holfe
NOES: None
ABSENT:
None
/"Mayor ~'
ATTEST:
City Clerk
MSR:dsp
September 29, 1998
J:\WPD~ANRSWX273~,ES98xI3OUGLASSAPV