HomeMy WebLinkAboutCity Council Resolution 00-09 RESOLUTION NO. 00-09
RESOLUTION OF THE CITY COUNCIL OF SARATOGA
APPROVING DESIGN REVIEW NO. DR-99-037
Azule Crossing; 12312 Saratoga-Sunnyvale Road
WHEREAS, the City of Saratoga Planning Commission received an application and
subsequent modifications to said application for Design Review approval to constmct 20 residential
units and remodel and expand an existing commercial building approved at a 26 foot height on a 3.9
acre parcel located in the Commercial Neighborhood zoning district, all as more particularly set
forth in File No. DR-99-0037 of this City per the revised exhibit marked "Exhibit A" and presented
at the City Council meeting of February 2, 2000; and
WHEREAS, following consideration and approval of the proposed Design Review
approval by the Planning Commission on November 10, 1999, review of that decision was initiated
by the City Council of the City of Saratoga in accordance with section 2-05.030 of the Saratoga City
Code; and
WHEREAS, the .City Council conducted a de novo public hearing on the matter at which
time any person interested in the matter was given the full oppommity to be heard and to present
evidence on December 15, 1999 and considered and denied the Design Review approval following
said heating and voted on January 5, 2000, pursuant to section 2-10.110(f)(2) of the Saratoga City
Code, to reconsider said denial on January 19, 2000; and
WHEREAS, the City Council conducted further public heatings regarding the proposed
Design Review approval on January 19, 2000 and February 2, 2000; and
WHEREAS, the City Council considered various modifications to the proposed use permit
proposed by the applicant in plans submitted February 2, 2000 showing 20 residential lots, plus one
private street and one commercial lot, all as more particularly set forth in File No. DR-99-037 of
this City (all ft~her references to the proposed Design Review approval refer to the proposed
design as shown in materials submitted February 2, 2000); 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 application.
WHEREAS, the City Council has heretofore received and adopted the environmental
Negative Declaration prepared for this project in accord with the currently applicable provisions of
CEQA; and
WHEREAS, the Planning Commission and the City Council have conducted duly noticed
public hearings in connection with this matter at which time all interested parties were given a full
opportunity to be heard and to present evidence.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga, as follows:
Section 1. After careful consideration of the matter, the City Council hereby determines that the
applicant has met the burden of proof required to support said application, and the following
findings have been determined:
1. The height, elevations and placement on the site of the proposed residences, 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
unreasonable interference with views and privacy, in that the proposed residences meet
the same minimum setback requirement for rear yards that applies to homes in the
adjacent neighborhood, and are also limited to the same maximum height of 26 feet.
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 the trees along the perimeter
of the property will be maintained in order to provide a screen between the neighboring
properties and the development, and the amount of grading is limited to the amount
necessary to accommodate the structures foundations.
3. The proposed residences 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 residences 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 of the
residences are compatible with 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.
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Section 2. After careful consideration of the site plan, architectural drawings, plans and other
exhibits submitted in connection with this matter, the application of Azule Crossing 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 Exhibits "B" and "C", with
revisions, incorporated by reference.
2. All conditions of Resolutions approving SD-99-005 & UP-99-018 shall apply.
3. 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) sets of engineered grading and drainage plans, 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 each of the residences and the wood buming fireplace shall be equipped
with a gas starter.
d. A revised color and material board shall be submitted for the commercial
building emphasizing darker earthtone colors
4. 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.
5. No structure shall be permitted in any easement.
6. No ordinance size tree shall be removed without first obtaining a Tree Removal Permit with
the exception of those trees shown to be removed shown in the Arborist report and map.
7. All requirements of the City Arborist's Report dated August 31, 1999 shall be met. This
includes, but is not limited to:
a. 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) ft. chain link tree protective fencing shown around all trees to be
retained, 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.
b. Prior to issuance of Building or Grading Permits:
· Tree protective fencing shall be installed and inspected by staff.
c. Prior to Final Occupancy approval:
· The surrounding existing hardscape including the wall at the perimeter of
the property shall be removed by pulling it out or off the ground and not by
running into it with a skip loader and lifting.
· Upon completion of the project 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.
8. All proposed landscaping and irrigation shall be installed prior to issuance of Final
Occupancy Permits.
9. Early Warning Fire Alarm System shall, be installed in all residential units and maintained in
accordance with the provisions of Article 16-60 City of Saratoga.
10. Early Waming Fire Alarm Systems shall have documentation relative to the proposed
installations and shall be submitted to the Fire District for approval.
11. Automatic sprinklers shall be installed in all garages.
12. Buildings requiting a fire flow in excess of 2,000 GPM or excess of 10,000 sq. ft. (town-
home buildings depending on area) shall be equipped throughout with an approved
automatic fire sprinkler system. The system shall be hydraulically designed per National
Fire Protection Association (NFPA) Standard #13, 1994 Edition.
13. Approved addresses shall be placed on all new and existing buildings in such a position as to
be plainly visible and legible from the street or roads fronting the property. Numbers shall
contrast with their background.
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14. A Fire Department approved key box and appropriate building keys shall be provided.
Installation shall conform with Fire Department Standard Detail and Specifications K-1.
15. The applicant shall submit a lighting plan for the residential and commercial portions of the
development and a sign program for the commercial building for Planning Commission
approval prior to the issuance of Final Occupancy Permits.
16. The applicant shall submit a soils report for the proposed project.
17. Residential units shall have a minimum three foot clearance from property lines or use a one
hour rated fire wall without openings.
18. The applicant shall provide the City with evidence of an easement agreement between the
property owner and the Southern Pacific Railroad for the continued use of the Railroad
property now being used as on site parking.
19. 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.
20. Applicant agrees to hold the City harmless from all costs and expenses, including .attomey'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.
21. 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..
22. All applicable requirements of the State, County, City and other Governmental entities must
be met.
Section 2. Construction must be commenced within 24 months or approval will expire.
PASSED AND ADOPTED by the City Council of the City of Saratoga, State of California,
this 16th day of February, 2000, by the following vote:
AYES: Councilmembers Waltonsmith, Baker, Streit, Mayor Bogosian
NOES: None
~SENT: Vice Mayor Mehaffey
ABSTAIN: None
ATTEST:
City Clerk