HomeMy WebLinkAboutCity Council Resolution 00-030 RESOLUTION NO. 00- 030
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA DENYING AN APPEAL FROM THE
DECISION OF THE PLANNING COMMISSION;
APPLICANT-SAUNDERS/APPELLANT-PURVIS;
20550 LOMITA AVENUE; DR-99-064
WHEREAS, the City of Saratoga received an application for Design Review
approval for the construction of a new 4,258 square foot, two-story residence on a 20,047 net
square foot lot; and
WHEREAS, on March 8, 2000, the Planning Commission of the City of Saratoga
held a duly noticed public heating 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. John H. Purvis; and
WHEREAS, on April 19, 2000 the City Council conducted a duly noticed 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:
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, 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 adjacent lots and within the neighborhoods; and (ii) community
viewsheds will avoid um'easonable interference with views and privacy, in that
Resolution 00-030
Page 1 of 6
the proposed residence meets minimum setback requirements and is similar in
height to 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 small amount necessary to accommodate the structure's foundation and
driveway.
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 set forth in Planning Commission Resolution DR-
99-064 is affirmed 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:
Resolution 00- 030
Page 2 of 6
a. Four (4) sets of complete construction plans incorporating this
Resolution 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.
d. The site plan shall be revised to indicated that replacement trees for
the Black Acacia, recommended for removal by the Arborist, will be planted in
the same location so as to provide screening of the second story for the side
neighbor.
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, other than the Black Acacia labeled tree #4.
6. The applicants or their contractor shall provide advance notice in writing
to the adjacent neighbors indicating when each phase of construction will begin
and when it is anticipated to end (i.e. installation of tree protective fencing,
demolition, grading, construction etc.).
7. The applicant shall provide Planning Staffwith the name and phone
number of the project manager or contact person in the event that concerns arise
during the construction process.
8. All requirements of the City Arborist's Report dated January 26, 2000
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 $15,933 pursuant to the report and recommendation by
Resolution 00- 030
Page 3 of 6
the City Arborist and Planning staffto guarantee the maintenance and
preservation of trees on the subject site. In addition, prior to issuance ora
Zoning Clearance the site and grading plans shall be revised to indicate the
following:
i. 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.
ii. Five (5) fi. chain link tree protective fencing as shown on
the Arborist's map, with a note "to remain in place throughout construction."
iii. A note shall be included on the site plan stating that no
construction equipment or private vehicles shall park or be stored within the
ddpline of any ordinance protected trees on the site.
iv. All trenching for proposed irrigation and utilities shall be
shown on the plans.
b. Prior to issuance of Building or Grading Permits:
i. Tree protective fencing shall be installed and inspected by
staff.
ii. The applicant's shall hire an ISA certified arborist to
perform an analysis of the healthy wood to decayed wood at each significant
cavity site on the main scaffolding structure of tree #3. The results and
recommendations of this analysis must be reviewed and approved by the City
Arborist and performed prior to the issuance of permits. The City Arborist shall
meet the applicants arborist for an on site consultation prior to the
commencement of work.
iii. No trenching for irrigation or other purpose shall be
permitted beneath the canopies of any protected trees.
iv. All other recommendations of the City Arborist report must
be followed.
c. Prior to Final Occupancy approval:
i. The City Arborist shall inspect the site to verify compliance
Resolution 00-030
Page 4 of 6
with tree protective measures. Upon a favorable site inspection by the Arborist
and approval by the Community Development Director the bond shall be
released.
9. 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.
10. Early Warning Fire Alarm System shall be installed and maintained in accordance with
the provisions of Article 16-60 City of Saratoga.
11. Early Warning Fire Alarm System shall have documentation relative to the proposed
installation and shall be submitted to the Fire District for approval.
12. Automatic sprinklers shall be installed throughout the residence and garage.
13. All driveways shall have a minimum 14 fl:. width plus 1 12. shoulders.
14. All driveway curves shall have an inside radius of 21 feet.
15. A turn around shall be provided per the Fire District's standards with a minimum outside
radius of 33 feet.
16. Parking shall be provided on site for two emergency vehicles per the Fire District's
standards.
17. The applicant must obtain an encroachment permit from the Public Works Department
for construction of the new driveway approach.
18. 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.
19. 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.
20. 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
Resolution 004330
Page 5; of 6
violation, liquidated damages of $250 shall be payable to this City per each day of the
violation.
21. Construction must be commenced within 24 months or approval will expire.
22. 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 17th day of May, 2000.
AYES: Evan Baker, Nick Sterit, John Mehaffey
NOES: None
Ad, SENT: Ann Waltonsmith, Stan Bogosian
~ STAflN: None
Resolution 00-030
Page 6 of 6