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HomeMy WebLinkAboutCity Council Resolution 99-57 RESOLUTION NO. 99- 57 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA GRANTING AN APPEAL FROM THE DECISION OF THE PLANNING COMMISSION; APPLICANT/APPELLANT BLACKWELL PROPERTIES; 13997ALTA VISTA AVENUE (LOT 2) DR-99-029 WHEREAS, Blackwell Properties, the applicant, applied for Design Review approval to construct a 4,284 sq. ft. two-story residence with a 996 sq. ft. basement and a maximum building height of 26 feet on a 17,083 (net) sq. ft. parcel; and WHEREAS, on August 11, 1999, 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 grant the Design Review approval subject to a condition that the floor area be reduced from 4,284 sq. ft., plus a 996 sq. ft. basement to 3,770 sq. ft., plus a 996 sq. ft. basement; and WHEREAS, the applicant appealed the decision of the Planning Commission to the City Council; and WHEREAS, on September 15, 1999, the City council conducted a de novo public hearing on the appeal, 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 relating 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. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, the appeal from the Planning Commission is granted, to wit: the burden of proof required to support said 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 design and placement of the house is such that it will not impinge upon neighboring properties. -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 areas and undeveloped areas, in that no Ordinance-protected trees will be removed, and that measures will be taken to protect Ordinance-protected trees during construction. -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 is similar in scale, size and style to other homes within this area. -The 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 design of the residence is sensitive to the natural environment and the height of the house 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 -There are a predominance of two-story homes in the vicinity of the proposed residence. Section 2. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, the application of Blackwell Properties for Design Review approval be and the same is hereby granted subject to the following conditions: 2 The development shall be located and constructed as shown on Exhibit ~@, incorporated by reference herein. Construction hours shall be 8 a.m. to 5 p.m. Monday through Friday. No construction or grading shall be permitted on weekends. All conditions of Resolution SD-97-002 shall be adhered to. Prior to submittal for Building or Grading permits, the following shall be submitted to Planning Division staff in order to issue a Zoning Clearance: Four (4) sets of complete construction plans incorporating this Resolution as a separate plan page. Four (4) set of engineered grading and drainage plans, also incorporating this Resolution as a separate plan page. The plans shall indicate that there will be no more than one wood burning fireplace in the main residence and the wood burning fireplace shall be equipped with a gas starter. A final landscape and irrigation plan, subject to staff City Arborist approval. All recommendations of the City Arborist Report dated 5/5/99 and the follow-up memo dated 7/9/99 shall be followed. This includes, but is not limited to: Prior to issuance of a Zoning Clearance: The'Arborist=s Report and memo shall be included as a separate page in the plan set and all applicable measures noted on the site and grading plans. Five feet tall chain link protective fencing shall be shown on the plans as indicated in the report with the note g_to remain in place throughout construction@. The applicant shall submit to the City, in a form acceptable to the Community Development Director, security in the amount of $13,017 pursuant to the report and recommendation of the City Arborist to guarantee the preservation of trees. Prior to issuance of Grading and Building Permits: Tree protection fencing shall be extended per the Arborist=s recommendations. All other applicable tree protection measures shall be completed. Staff shall verify that tree protection fencing is in place. Prior to Final Inspection approval: The City Arborist shall inspect the site to verify that the tree maintenance and protection measures have been followed in order to determine whether the tree protection security may be released. Any outstanding City Arborist fees shall be paid. All landscaping shall be installed. 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. No structure shall be permitted in any easement. The roof covering shall be fire retardant, Uniform Building Code Class/xjt@ prepared or built-up roofing. Roof Covering shall be fire retardant, Uniform Building Code Class A prepared or built-up roofing. Early Warning Fire Alarm System shall be installed and maintained in accordance with the provisions of City of Saratoga Code-Article 16-60. Said system shall have documentation relative to the proposed installation and shall be submitted to the Fire District for approval. Automatic sprinklers shall be installed in newly constructed garages (2 heads per stall), workshops, or storage areas which are not constructed as habitable space. The designer/architect is to contact San Jose Water Company to determine the size of service and meter needed to meet fire suppression and domestic requirements. All driveways shall have a minimum 14 ft. width plus 1 ft. shoulders. 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. 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. 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 4 damages of $250 shall be payable to this City per each day of the violation. Construction must be commenced within 24 months or approval will expire. All applicable requirements of the State, County, City and other Governmental entities must be met. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 6th day of October, 1999. AYES: COUNCILMEMBERS BAKER, STREIT, MEHAFFEY NOES: NONE ABSENT: VICE MAYOR BOGOSIAN ABSTAIN: COUNCILMEMBER WALT~~ ATTEST: City Clerk P:\SARATOGA\RESOLUTI\RST003.DOC