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HomeMy WebLinkAboutCity Council Resolution 05-018RESOLUTION NO. OS-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING CONSTRUCTION OF AN UNENCLOSED ACCESSORY STRUCTURE ON PROPERTY LOCATED AT 14111 PALOMINO WAY WHEREAS, on January 12, 2005 the Planning Commission conducted a duly noticed Public Hearing during which all interested parties were allowed an opportunity to be heard and thereafter rendered a decision on an appeal filed by James and Kathleen Christensen regarding construction of an unenclosed accessory structure approved by the Community Development Director on property located at 14111 Palomino Way, Saratoga, California (Subject Property"); and WHEREAS, on January 25, 2005, an appeal of the Planning Commission decision was duly filed with the City Council by James and Kathleen Christensen; and WHEREAS, on March 2, 2005, the City Council conducted a duly noticed Public Hearing on such appeal during which all interested parties were allowed an opportunity to be heard; and WHEREAS, during said Public Hearing, Ronald Rossi, on behalf of all owners of the property located at 14111 Palomino Way ("property owner"), offered and represented to the City Council that he had made certain changes to the plans for the unenclosed accessory structure which was the subject of said appeal; and WHEREAS, on March 2, 2005, after the close of said Public Hearing, the City Council rendered the following findings and decision on said appeal, accepting in part and rejecting in part the offer and representation by Ronald Rossi NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves and orders that an unenclosed accessory structure may be located on 14111 Palomino Way as depicted on plans prepared by Park Miller for the Rossi Residence accessory structure for 14111 Palomino Way, date stamped 12/20/04, Exhibit "A" upon submittal of revised plans as shown on Exhibit "B" which plans shall include the following requirements: 1. The property owner shall comply with the recommendations made in the City Arborist Report dated January 28, 2005 and such compliance is shown on Exhibit "B" and shall be maintained by property owner and all successors and transferees thereof unless and until this requirement is amended by the City Council. 2. The barbeque shall be moved out of the 20 foot side yard setback and shall comply at all times in the future with current City Code Section 15-80.030 which requires that permanent bazbeques be located no more than 6 feet from the reaz property line and be not more than 4 feet in height, and such compliance is shown on Exhibit "B." 3. The "optional cut out" which is depicted on Sheet 3 of the plans described as Exhibit "A" shall be removed from the plans described as Exhibit "B" and is hereby prohibited from being a part of said unenclosed accessory structure in the future in order to maximize privacy for the property known as APN 503-68-12. 4. A permanent covenant shall be granted in favor of the City of Sazatoga and the real property known as APN 503-68-12 and recorded with the Office of the Santa Clara County Recorder requiring that the owner of the Subject Property (and any successors or transferees thereof) shall maintain a landscaped visual screen between said unenclosed accessory structure and the adjacent northern property line as shown on Exhibit "B", approved plans. This covenant shall require that the owner of the Subject Property (and any successors or transferees thereof) shall water, weed, prune, fertilize, spray and maintain the landscape screen in perpetuity in order to maintain privacy for the property known as APN 503-68-12 along the northern property line. 5. The stovetop, icemaker and bazbeque shall be removed from the exterior wall of the deck, adjacent the fireplace and shall be placed along the southeastern portion of the structure adjacent the stairs. Relocating these features shall not be permitted in the future without approval from the City Council. 6. The outer wall surrounding the accessory structure shall be composed of a shingle exterior of material and color shown on Exhibit "B". Section 1. All other applicable requirements of the State, County, City and other Governmental entities shall be met. Section 2. The approval of the unenclosed accessory structure shown on Exhibit "B" has been the subject of preliminazy review under the California Environmental Quality Act ("CEQA") and is hereby found to be exempt from environmental review under CEQA Guideline 14 CCR Section 15303 "New Construction or Conversion of Small Structures", Class 3 (e) of the Public Resources Code. Section 3. On the basis of the plans attached hereto as Exhibit "B" and the consistency thereof with City Zoning Regulations as interpreted by the City Council, the City Council hereby grants a zoning clearance under City Code Section 16-05.030(c) for the construction of the accessory structure shown on said plans. The property owner shall obtain a building permit from the City building official prior to any further construction. Section 4. The requirements set forth in this decision shall remain in full force and effect and shall be complied with by the owners of the Subject Property unless and until an amendment consistent with City Zoning Regulations in effect at the time of such amendment is first approved by the City Council after a duly noticed Public Hearing to all properties within 500 feet of the Subject Property. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 6`h day of April, 2005 by the following vote: AYES: Councilmembers Nick Streit, Aileen Kao, Ann Waltonsmith, Vice Mayor Norman Kline, Mayor Kathleen King NOES: None ABSENT: None ABSTAIN: None L~~-G~z~-,~ ~~ Kathleen M. King, Mayor