HomeMy WebLinkAboutCity Council Resolution 00-029 RESOLUTION NO. 00-029
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA DENYING AN APPEAL FROM THE
DECISION OF THE PLANNING COMMISSION;
APPLICANT-LIU/APPELLANTS-KWONG, PARK, SZE;
14805 MASSON COURT; DR-97-061
WHEREAS, the City of Saratoga received an application for Design Review
approval for the construction of a new 6,500 square foot, two-story residence on a vacant 2.75
acre lot; and
WHEREAS, on October 13, 1999 and December 8, 1999, the Planning
Commission of the City of Saratoga held duly noticed public hearings 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 Design Review
approval subject to various conditions; and
WHEREAS, the decision of the Planning Commission was appealed to the City
Council of the City of Saratoga by Mr. & Mrs. Joseph Park, Mr. & Mrs. Robert Sze, and Mr. &
Mrs. Jon Kwong; and
WHEREAS, on February 2, 2000 the City Council conducted a duly noticed de
novo public hearing on the appeal (which heating was continued to April 19, 2000) 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:
A. 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
denied and the action of the Planning Commission is affirmed as set forth below, based on the
following findings:
1. 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
Resolution 00- 029
Page 1 of 7
adjacent lots and within the neighborhoods; and (ii) community viewsheds will avoid
unreasonable interference with views and privacy, in that the proposed residence meets
minimum setback requirements and is located along a similar topographic line or lower
than other residences in the neighborhood.
2. 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 grading will be limited to the amount necessary to accommodate the
structure and landslide repair.
3. 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 incorporate elements which articulate
the elevations to minimize the perception of bulk and integrate the residence into the
surrounding environment.
4. 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, mass, and bulk
of the residence are comparable to surrounding residences in the neighborhood.
5. The proposed site development or grading plan incorporates current grading and erosion
control standards used by the City.
6. 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.
B. The Decision of the Planning Commission is modified and Design Review approval is
granted subject to the following conditions:
1. The development shall be located and constructed as shown on Exhibit "A",
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
Resolution 00-.1129
Page 2 of 7
as a separate plan page.
b. Four (4) set of engineered grading and drainage plans reflecting the City
Arborist's recommendations, also incorporating this Resolution as a
separate plan page.
c. 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.
3. No retaining wall shall have an exposed height that exceeds five feet. In addition, 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.
4. No structure shall be permitted in any easement.
5. No ordinance size tree shall be removed without first obtaining a Tree Removal
Permit.
6. All requirements of the City Arborist's Report dated December 17, 1997 shall be met.
This includes, but is not limited to:
a. Prior to issuance of a Zoning Clearance the applicant shall submit to the
City, in a form acceptable to the Community Development Director,
security in an amount of $4,943 pursuant to the report and
recommendation by the City Arborist to guarantee the maintenance and
preservation of trees on the subject site. In addition, prior to issuance of a
Zoning Clearance the site and grading plans shall be revised to indicate the
following:
· The Arborist Report shall be attached, as a separate plan page, to
the plan set and all applicable measures noted on the site and
grading plan.
· Five (5) fi. chain link tree protective fencing shown at as
recommended by the Arborist with a note "to remain in place
throughout construction."
· A note shall be included on the site plan stating that no
construction equipment or private vehicles shall park or be stored
within the dripline of any ordinance protected trees on the site.
Resolution 00-029
Page 3 of 7
· All fill soil on the east side must be removed to the original grade
by hand in any area within 15 feet of the trunk.
· No trenches or excavations even for utilities (gas, cable, phone,
etc.) shall be installed within 25 feet of the trunk of the tree.
· The drainage system for the house shall be directed a minimum of
40 feet from the other trees on this site.
b. Prior to issuance of Building or Grading Permits:
· Tree protective fencing shall be installed and inspected by staff.
· The City Arborist shall schedule unannounced visits to the
property to verify that all tree mitigation measures are being
complied with.
c. Prior to Final Occupancy approval:
· All recommended tree cabling and endweight removal shall be
completed by an ISA certified arborist.
· The City Arborist shall inspect the site to verify compliance with
tree protective measures. Upon a favorable site inspection by the
Arborist and approval by the Community Development Director
the bond shall be released.
7. Any future landscaping or irrigation installed beneath the canopy of an ordinance
protected oak tree shall comply with the "Planting Under Old Oaks" guidelines
prepared by the City Arborist. No irrigation or associated trenching shall encroach
into the driplines of any existing oak trees unless approved by the City Arborist.
8. The Project Geotechnical Engineer, with input from the Project Engineering
Geologist, shall prepare a Landslide Mitigation Plan and Sections (1"= 20') to depict
the extent of proposed grading, landslide to be removed, subdrains, property lines and
proposed improvements.
a. The plan should include repair specifications, notes and details
pertaining to earthwork, drainage and geogrid placement. The cross
section should depict existing and proposed surface topography and
excavation depths. One section should extend from the building pad
downslope along the axis of the active landslide, including and showing
Resolution 00- 029
Page 4 of 7
the lower landslide repair area (per Terratech drawings). A second
section should be oriented roughly east-west across the landslide and
portray Masson Court, proposed driveway, active landslide to be
removed, and landslide on the adjacent property to the east.
b. The mitigation plan should specify the appropriate geogdd slope gradient.
Typically, geogrid should be designed to stand at its angle of installation
(i.e., 1.5:1V), if not wrapped. The landslide Mitigation Plan and Sections
shall be submitted to the City to be reviewed and approved by the City
Engineer and City Geotechnical Consultant prior to issuance of a grading
permit.
9. The Project Engineering Geologist and Project Geotechnical Engineer shall review
and approve all geotechnical aspects of the final foundation and grading plans (i.e.,
landslide mitigation, site drainage improvements and design parameters for
foundations and retaining walls, etc.) to ensure that the consultants' recommendations
have been properly incorporated.
a. The Project Geotechnical Engineer should consider recommending
crushed rock, which has more void space than Class 2 aggregate base,
for the capillary break material.
b. 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.
10. The Project Engineering Geologist and Project Geotechnical Engineer shall inspect,
test (as needed), and approve all geotechnical aspects of the project construction.
a. These inspections should include, but not necessarily be limited to: site
surface and subsurface drainage improvements, and excavations for
keyways, foundations (including pier holes for structures and shear pin
wall) and retaining walls prior to the placement of fill, steel and
concrete. The Project Engineering Geologist shall prepare a geologic
map of the landslide excavation and confirm that landslide material has
been removed. Information from the excavation and pier holes shall be
used to revise and update the engineering geologic map and cross
sections. An engineering geologic map and cross sections of final, as-
built conditions shall be prepared to depict the depth and extent of
grading activities, and geologic conditions (including removed landslide
mass).
Resolution 00-02~
Page 5 of 7
b. The results of these inspections and the as-built conditions of the project
shall be described in letters, and as-built geologic map and cross sections,
and submitted to the City Engineer for review prior to finalization of the
grading permit.
11. The owner (applicant) shall pay any outstanding fees associated with the City
Geotechnical Consultant's review of the project prior to Zone Clearance.
12. The owner (applicant) shall enter into an agreement holding the City of Saratoga
harmless form any claims or liabilities caused by or arising out of soil of slope
instability, slides, slope failure or other soil related and/or erosion related conditions.
13. Early Warning Fire Alarm System shall be installed and maintained in accordance
with the provisions of Article 16-60 City of Saratoga.
14. Early Warning Fire Alarm System shall have documentation relative to the proposed
installation and shall be submitted to the Fire District for approval.
15. Automatic sprinklers shall be installed throughout the residence and garage.
16. All driveways shall have a minimum 14 foot width plus 1 foot shoulders.
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 the City harmless from all costs and expenses, including
attorney's fees, incurred by the City or held to be the liability of the City in
connection with the 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.
20. Construction must be commenced within 24 months or approval will expire.
21. All applicable requirements of the State, County, City and other Governmental
entities must be met.
Resolution 004329
Page 6 of 7
The above and foregoing resolution was passed and adopted by the Saratoga City
Council at a regular meeting held on the 17th day of May, 2000.
AYES: Evan 'Baker, Nick Streit, John Mehhafey
NOES: None
ABSENT: Ann Wa]tonsmith, Stan Bogosian
ABSTAIN: Ilone' ~ ~ .....
May~~,
Resolution 00- 029
Page 7 of 7