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HomeMy WebLinkAboutCity Council Resolution 99-66 RESOLUTION NO. 99- 66 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA GRANTING AN APPEAL FROM THE DECISION OF THE pLANNING COMMISSION; APPLICANT/APPELLANT DAVID WRIGHT; 15142 sOBEY ROAD AS-99-001 WHEREAS, David Wright, the applicant, applied for and received an Accessory Structure approval to construct a atting cage; and WHEREAS, on June 22, 19 79 the Accessory Structure approval was duly appealed to the Planning Commission of the City of Saratoga; and WHEREAS, on July 28, 1999, the Planning Commission of the City of Saratoga considered the appeal at a duly not~ced pubhc meeting at which all ~nterested part~es were g~ven a full oppormmty to b~ heard, and to present evidence and following the conclusion thereof, the Planning Commission voted to grant the appeal and deny approval of the batting cage at the propos ~ed location; and WHEREAS, the applicant a~pealed the decision of the Planning Commission to the City Council; and WHEREAS, on November ~, 1999, the City Council considered the appeal at a duly noticed public meeting at which all interested parties were given a full opportunity to be heard and to present evi ]ence; and WHEREAS, the City Council reviewed' and considered the staff report, minutes of proceedings conducted by the Planning Commission relating to the · I 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 proposed site plan and design 0fthe proposed structure and other exhibits submitted in connection with this matter, the appeal from the Planning Commission is granted on the conditions set forth in Section 2, below, and based on the conditional determinations set forth below. With the agreement of the applicant at the City Council meeting of November 3, 1999, this approval and the determinations set forth below shall remain in effect only until August 31, 2000, at which time this approval and the determinations below may be reconsidered by the City Council upon the request of any resident of the City of Saratoga; if no such request is filed prior to August 31, 2000, this approval shall remain in effect. The following findings have been determined: 1. The batting cage does not exceed 7,200 square feet; 2. The batting cage shall not be illuminated by exterior lighting; 3. Direct opaque screening is not utilized around any portion of the batting cage; 4. No fencing for the batting cage exceeds ten feet in height; 5. The batting cage is not located in a required front or side yard and is set back at least 15 feet from all property lines; 6. The natural grade covered by the batting cage does not exceed ten percent; 7. The batting cage will be landscaped in accordance with a landscape plan to be approved by the Director of Community Development which plan will create a complete landscaping buffer from adjoining properties within two years from installation; 8. The batting cage has been designed and located to minimize adverse impacts upon trees, natural vegetation, and topographical features and to avoid damage as a result of drainage, erosion, or earth movement; and 9. The batting cage has been designed to preserve the open space qualities of hillsides, creeks, public paths, trails and rights-of-way on or in the vicinity of the site. 2 Section 2. After careful consideration of the site plan and other exhibits submitted in connection with this matter, the application of David Wright for Accessory Structure approval be and the same is hereby granted subject to the following conditions: 1. The batting cage shall be located and constructed as shown on Exhibit A, which exhibit is hereby incorporated by this reference. 2. All poles supporting the netting on the batting cage shall be covered with padding sufficient to reduce the noise created by balls hitting the poles. Padding shall be designed to achieve the maximum noise reduction possible in light of available materials, cost, and structural integrity and shall be approved by the Director of .Community Development. 3. The height of the structure shall be reduced such that fencing does not exceed ten feet above natural grade. 4. A landscaping plan and security satisfying the requirements of section 15- 80.030(c)(7) of the City of Saratoga Municipal Code shall be submitted no later than January 1, 2000 for approval by the Director of Community Development. Said plan shall include requirements that by no later than March 1, 2000 (a) the newly planted sequoia redwoods at the southeast comer of the property be removed from the property or moved to a location on the property approved by the Director of Community Development and (b) the redwoods beneath the bedroom window of the residence located at 15160 Sobey Road be removed. 5. Use of the batting cage shall be subject to the following restrictions: a. The facility shall not be used more than two hours per day; b. The facility shall be used only between the hours of 3:00 p.m. and 6:00 p.m., Monday through Friday and between 12:00 noon and 6:00 p.m., Saturday and Sunday; c. No more than four individuals shall use the batting cage at any time; d. No bats other than taped wooden bats shall be present inside the batting cage; and Reso. 99-66 e. No balls other than balls specially designed for use in a batting cage and padded to reduce noise shall'be present inside the batting cage. 6. 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. 7. Noncompliance with any of the conditions of this approval shall constitute a violation of the approval. 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. 8. 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 ! 7th day of November , 1999. AYES: Councilmembers Waltonsmith,:Baker, Streit, Mehaffey, Vice Mayor Bogosian NOES: None ABSENT: None ABSTAIN: None t~- ~ Acting Mayor Pro Tern ATTEST: /---~t~ Clerk- { .... P:\SARATOGA\RESOLUTI\RST005.DOC 4