HomeMy WebLinkAboutCity Council Resolution 02-091 -appeal on 14380 Saratoga avenueRESOLUTION N0.02-091
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA OVERTURNING
THE PLANNING COMMISSION DENIAL AND
APPROVING APPLICATION #02-176 FOR A NEW
AND TEMPROARY FIRE STATION
SARATOGA FIRE PROTECTION DISTRICT; 14380 SARATOGA AVENUE
WHEREAS, the City of Saratoga City Council has received from the Saratoga Fire
Protection District ("Applicant") an application for Design Review, Conditional Use
Permit, and Lot Line Adjustment for the approval of a new Fire Station at 14380 Saratoga
Avenue and Temporary Fire Station at 20473 Saratoga-Los Gatos Road to be used during
construction of the new Fire Station; and
WHEREAS, on September 25, 2002 and October 9, 2002 the Planning
Commission held a duly noticed Public Hearing where the above project was denied and
appealed to the City Council. On November 6, 2002 the City Council held a duly noticed
Public Hearing at which time all interested parties were given a full opportunity to be
heard and to present evidence; and
WHEREAS, the City Council of the City of Saratoga has considered the
application and all testimony and other evidence submitted in connection therewith; and
WHEREAS, the applicant has met the burden of proof required to support said
application for Design Review, Conditional Use Permit and Lot Line Adjustment
approval, and the following findings have been determined:
E~:viro~:neei:tal Review
The Saratoga Fire Protection District, as lead agency, has approved a Mitigated Negative
Declaration for the proposed project. The City Council as a Responsible Agency has
reviewed the environmental effects of the project as shown in the Mitigated Negative
Declaration.
Design Review
The proposed project meets the design criteria stated in Section 15-46.040 based on the
following:
The project is in character with the neighborhood in that the design of the Fire Station is
modeled after a Julia Morgan design. The Federated Church located to the rear of the Fire
Station was designed by Julia Morgan. The materials and architectural features proposed
help the project fit in with the character of the neighborhood. The design has been pulled
back significantly from the existing location on the corner of Saratoga Avenue and
Saratoga-Los Gatos Road to reduce bulk and improve sight distance for drivers along that
intersection. The design also includes a plaza area that will add a pedestrian scale element
to theRcorner.
The applicant is proposing a hand troweled finish to the exterior of the building. The
quality exterior finish with the Mission the roof will make the building blend in with the
older buildings nearby. The proposed landscape plan and plaza area will also soften the
elevation on Saratoga-Los Gatos Road and act to enhance the entrance to the downtown
village area. The applicant is proposing to enhance the existing site with a new landscape
plan that will provide trees the entire length of Saratoga-Los Gatos Road and to use
colored bricks to distinctively mark the pedestrian zone on the pavement on the front
apron. The landscape plan includes a retention basin and provides drainage from the
parking area into the landscape areas to help meet Storm Water Quality requirements.
CONDITONAL USE PERMIT:
The applicant is requesting a Conditional Use Permit as required in the PA zone for the
types of structures proposed and to allow the new and temporary Fire Station structures to
be within the required setbacks of the zone district, a variation to the lot coverage, and
limit landscaping in the front yard area. Where a Use Permit is required section 15-55-
.030 of the City Code gives the City discretion to allow variations from the standard site
area, coverage, structure height, yard minimums and other standards for the Zone
District.
In light of the numerous competing design and land use considerations reflected in the Ad
Hoc committee's Scheme A, the City Council has determined that the necessary findings
can be made to support the Use Permit as follows:
• That the proposed temporary and permanent Fire Stations with code variations
are in accord with the objectives of the Zoning Ordinance and the purpose of
the district in which they are located in that they are conditionally permitted
uses that will be replacing the existing Fire Station and will have no
significant traffic impacts. The Fire Stations are necessary to provide fire
protection for the City. The setback and landscaping variations will allow the
permanent Fire station to have a 59-foot front apron that will avoid safety
problems and will allow for circulation improvements at the intersection of
Saratoga Avenue and Saratoga-Los Gatos Road. The lot coverage variation is
necessary to allow several nonconforming lots to be used for one project.
• That the proposed Fire Stations and the conditions under which they will be
operated will not be detrimental to the public health, safety, or welfare, nor
materially injurious to properties or improvements in the vicinity in that the
proposal is a continuation of the existing use. The proposed new Fire Stations
will provide adequate parking for the 24 employees that will use the Fire
Stations and will have no significant environmental or traffic impacts to the
property or surrounding area.
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• That the Fire Stations comply with each of the applicable provisions of the
Zoning Ordinance in that the location, height, coverage and use proposed is
conditionally permitted in this zoning district per section 15-55.030 and 15-
18.030 of the zoning regulations except for the Code variations described
above which the City Council has determined are necessary to achieve the
safety and circulation objectives described above.
Lot Line Adjustments
The applicant is proposing several lot line adjustments to both the Contempo site and the
Fire Station properties. The existing Fire Station property will be merged with the City
property and the lot line separating the two Contempo lots will be moved to enlarge the
parcel that will become parking for the church. The City Council makes the following
findings in accordance with the zoning regulations to approve the requested lot line
adjustment:
• The proposed lot line adjustment is consistent with the General Plan in that the lot
line adjustment will allow for a larger lot area for the new Fire Station and
improve the current parking situation between all of the involved parcels.
• The proposed lot line adjustment is consistent with the regulations contained in
the Zoning Ordinance and the Subdivision Ordinance in that the lot line
adjustment is specifically approved by the City Council through the granting of a
Conditional Use Permit under chapter 15 of the City Code.
• The proposed lot line adjustment will not conflict with easements, acquired by the
public at large for access through or use of the subject properties in that the new
circulation pattern will provide adequate public access to the site.
Site Coverage
The proposed project has less 30% site coverage for the total or gross site which includes
the portion of the right-of--way and the existing contempo site that will be retained by the
Fire district. However, the proposed plan does not meet the City Code Section 15-06.620
(b)(1) that requires access easements be deducted from the gross lot size. The net site
area requires that the area being counted by the applicant in the existing right-of--way that
runs between the existing contempo building and the existing parking lot be subtracted
from the lot size. This would bring the proposed site coverage to 32.1%. The City
Council hereby finds that this variation is appropriate for commercial projects where
shared circulation patterns created by easements between the City or property owners
parking lots acts as a public benefit allowing patrons of the establishments to access more
than one site without having to merge back onto a city street.
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City Code Section 15-18.07 provides that site coverage shall be calculated based on the
size of each lot. This project is being developed on multiple lots. The City Council
hereby determines that a variation from standards to allow the use of several
nonconforming lots to contribute to an existing fire station use to be a benefit to the
health safety and welfare of the City.
Now, THEREFORE, the City Council of the City of Saratoga does hereby resolve
as follows:
Section 1. After careful consideration of the site plan, architectural drawings,
plans and other exhibits submitted in connection with this matter together will all public
testimony and other evidence submitted during the public hearing, the application for
Design Review, Conditional Use Permit, Lot Line Adjustment approval and variation
from the setback and site coverage standards described above is hereby granted subject to
the following conditions:
COMMUNITY DEVELOPMENT
1. The development shall be located and constructed as shown on Exhibit "A",
incorporated by reference. Any changes to the approved plans are subject to the
Community Development Director's approval. Any changes to the approved
plans must be submitted in writing and each change indicated on the plan set with
a cloud.
2. The following shall be submitted to the Building Department for review of the
construction level drawings:
a. Four (4) sets of complete construction plans incorporating this Resolution as a
separate plan page.
i. All recommendations of the City Arborist set forth in the report of March
15, 2001 shall be adhered to and included as a separate plan page.
ii. The site plan shall be stamped and signed by a Licensed Land Surveyor.
iii. The site plan shall contain a note with the following language: "Prior to
foundation inspection by the City, the LLS of record shall provide a
written certification that all building setbacks are per the approved plans."
b. Four (4) sets of complete grading plans incorporating this Resolution and
March 15, 2001 Arborist Report as a separate plan page. The grading plans
shall demonstrate that:
i. No Retaining wall shall exceed five feet in height and three feet within the
front yard setback.
ii. All applicable recommendations of the City Arborist will be implemented.
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3. No Ordinance-size tree shall be removed without first obtaining a Tree Removal
Permit.
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 with the exception
of temporary construction fencing.
5. No structure shall be permitted in any easement.
6. A storm water retention plan indicating how all storm water will be retained on-
site, and incorporating the New Development and Construction - Best
Management Practices required by State and federal regulations. If all storm
water cannot be retained on-site due to topographic, soils or other constraints, an
explanatory note shall be provided on the plan.
7. All exterior stucco finishes shall have a hand troweled finish.
8. Provide a quarterly newsletter to residents of the District advising them of the
location of the temporary fire station and regularly updating them on construction
time frames and construction activities that will impact the intersection at
Saratoga Avenue and Saratoga-Los Gatos Road.
9. The District shall retain ownership of all lands at 20473 Saratoga-Los Gatos Road
(APN 397-22-019, 015, 042, 012) in order to satisfy all parking requirements for
the temporary and permanent fire stations or, if a portion of said lands are to be
sold, shall secure a recorded easement or other interest running with the land
granting the owner of the land at 14380 Saratoga Avenue (APN 397-22-019)
permanent access to six parking spaces on property accessible from the alley
between the Federated Church property and the Post Office property. If the off
site parking is at a location not shown on the approved plans, the Applicant shall
file revised plans showing the new location of the parking for approval by the
Community Development Director.
10. No building permit shall be issued unless (1) George Whalen way has been
vacated by the City of Saratoga and (2) title to the Heritage Plaza has been
transferred from the City of Saratoga to the Fire District.
11. All mitigation measures identified in the Mifigated Negative Declaration shall be
implemented prior to final building inspection of the new Fire Station.
12. Five (5) ft. chain link tree protective fencing shall be shown on the site plan as
recommended by the Arborist with a note "to remain in place throughout
construction." The fencing shall be inspected by staff prior to issuance of a
Building Permit.
13. 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 protected trees
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on the site.
14. All trenching for any utilities shall be located outside the driplines of all retained
trees. If this cannot be achieved a project Arborist shall be retained to determine
acceptable locations.
15. No excavated soil shall be stored below the canopies of any trees.
16. Prior to issuance of a Demolition, Grading, or Building Permit, the applicant shall
submit to the City, in a form acceptable to the Community Development Director,
security in the amount of $4,166 pursuant to the report and recommendation by
the City Arborist to guarantee the maintenance and preservation of trees on the
subject site.
17. Prior to Final Building Inspection approval, the staff shall inspect the site to verify
compliance with tree protective measures. Upon a favorable site inspection by
the Arborist and, any replacement trees having been planted, the security
referenced in the preceding Condition shall be released.
18. The Magnolia tree on property line in front of the existing Contempo building
shall be maintained along with as many of the existing trees as possible that are
located in the existing parking landscape area on parce1397-22-015.
19. Provide a solid door on the trash enclosure.
20. Replace the existing broken fence on the retaining wall in the existing parking
area.
21. Prior to issuance of a building permit the applicant shall provide the City of
Saratoga with a covenant applicable to the Fire District parcels to assure the
required number of parking spaces will be provided for the proposed project and
ensure continued compliance with the applicable site coverage requirements.
22. The proposed temporary tent used to park the fire apparatus under shall be 5 feet
from property lines and the membrane structure shall be fire retardant, non-
combustible fabric (CBC 3112.2) or fire sprinklers will be installed.
PUBLIC WORKS
23. The Applicant will share responsibility with the City of Saratoga for design and
Construction of improvements to the Highway 9Big Basin Way intersection,
Improvements to Saratoga Avenue, and the relocation of the Memorial Arch to
Blaney Plaza as follows:
The Applicant shall be responsible for the following design and improvement
items:
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A) Design of right turn lane improvements from northbound Highway 9
to eastbound Saratoga Avenue.
B) Construction of concrete curb and gutter improvements associated with
Condition (A) above.
C) Design and construction of concrete sidewallc improvements along the
Highway 9 frontage of the Applicant's property.
D) Design and construction of concrete curb and gutter improvements along
the Saratoga Avenue frontage of the Applicant's property.
E) Design and construction of sidewalk improvements along the Saratoga
Avenue frontage of the Applicant's property, which shall be marked
distinctively (e.g., with colored concrete or brick work) to distinguish the
pedestrian zone from the remainder of the driveway apron improvements.
F) All costs associated with the relocation of the Memorial Arch to Blaney
Plaza including removal, transportation, foundation construction, and installation.
G) The applicant shall pay $25,000 or 20% which ever is less towards the cost of
modifications to the signal at the intersection of Highway 9 and Saratoga Avenue
necessary to incorporate the dedicated right turn lane.
Final design plans for the improvements described above shall be reviewed and approved
by the Public Works Department prior to construction.
The City of Saratoga will be responsible for the following design and improvement
items:
H) Design of lane line (striping) modifications on Saratoga Avenue that will
add a dedicated right turn lane from westbound Saratoga Avenue to
northbound Saratoga-Sunnyvale Road.
I) Construction of asphalt pavement improvements associated with
Condition (A) above.
.n Design of signal modifications to the Highway 9Big Basin Way intersection
associated with Condition (A) above, which will include the capacity for a
signal interuptor.
K) All costs relating to the design of Blaney Plaza and all Blaney Plaza
improvements other than the foundation for the Memorial Arch.
The City and the Applicant shall jointly prepare and submit all necessary permit
applications to Caltrans for the above conditions.
24. The applicant shall conform to the City of Saratoga's Construction and
Demolition Debris Recycling Ordinance.
25. The applicant shall post in locations readily visible to passers-by signs with the
required construction hours and phone number of a person working for the
General Contractor and the Santa Clara County Sheriff's Office available to call
24-hours a day for complaints. The sign location, size and wording shall be
subject to approval of the Community Development Director.
26. All parking for construction contractors, subcontractors, and their employees
shall be located within the fenced area of the site per the approved plans or at the
West Valley Community College and/or the Santa Clara County property
adjoining Highway 9 opposite Tollgate Road. Applicant shall hold a community
workshop for residents in the vicinity of the parking areas and submit a parking
plan for approval by the Community Development Director specifying the
number of spaces to be provided at each location, plans for shuttles from the
parking area to the project site, and hours of operation for the parking area. No
catering vehicles shall be permitted at the West Valley Community College
District site. No tools or other materials may be stored in the parking areas
except pursuant to a separate staging plan approved by the Community
Development Director.
27. All vehicles carrying materials to or from the project site shall travel on the routes
specified in the approved plans. No vehicles shall queue for entry to the project
site on any City street except as authorized by the Public Works Director. At
times when queuing on City streets will be required (i.e., removal of demolition
debris, grading, and pouring the foundation) Applicant shall post signs at least
three days in advance notifying motorists of the expected dates of the pending
work and the possibility of delays. When vehicles are queued on northbound
Highway 9 Applicant shall post traffic control personnel at the intersection of
Highway 9 and Oak Place to direct traffic in accordance with any applicable
traffic restrictions imposed by the Ciry. When vehicles are queued on
westbound Saratoga Avenue Applicant shall post traffic control personnel at the
intersection of Saratoga Avenue and Park Place to direct traffic in accordance
with any applicable traffic restrictions imposed by the City to reduce non-
residentialcut-through traffic on Park Place and Oak Place.
28. All materials shall be stored within the fenced area of the project site or at an off
site location pursuant to an off-site staging plan approved by the Community
Development Director following a workshop with residents in the vicinity of the
staging area. No materials shall be delivered to the site before 7:30 a.m. or after
6:00 p.m. or on Saturday, Sunday, or holidays.
29. Applicant shall minimize impacts to the level of service at the intersection of
Highway 9 and Saratoga Avenue as follows:
30. Prior to issuance of a demolition permit, Applicant shall equip each Fire Truck
maintained by Applicant with a remote traffic signal pre-emptor and shall cause
the signal at the intersection of Highway 9 and Saratoga Avenue to be equipped
with a receiver to allow operation of the pre-emptor. If the signal controller
cannot accommodate the receiver the Applicant shall install the preemptors and
receiver within 30 days of the signal controller upgrade;
31. A portion of the site adjacent to the intersection of Highway 9 and Saratoga
Avenue to be identified by the Public Works Director shall remain free of any
structures, vehicles, equipment, materials, or other objects greater than three feet
in height to provide improved visibility at the intersection of Highway 9 and
Saratoga Avenue
32. All trucks shall enter and exit the site in accordance with the approved plans and
shall be guided by traffic control personnel when entering the public right of way
from the project site.
33. The parking and circulation system for the project shall be constructed as shown
on the approved plans £or the either the option where the property is transferred
to the Federated Church or the option illustrating the property as being
maintained by the Fire District. The applicant shall record a notice of the
applicability of the use permit and this requirement to the subject property in the
office of the Santa Clara County recorder prior to issuance of a grading permit.
The gate shown on the approved plans as being on APN 397-22-012 immediately
adjoining Saratoga-Los Gatos Road shall be relocated to the opposite side of the
parcel to immediately adjoin APN 397-22-044. The gate shall be an automatic
gate.
34. Other than approved safety devices there shall be no amplified sound on the
Project site or on any Project parking area.
35. All conditions of approval shall be made a part of the project bid documents and
all bidders shall be required to acknowledge that they and all subcontractors
have reviewed and agree to abide by the conditions of approval. Prior to each
stage of construction (i.e., demolition, grading, construction) Applicant shall
require the contractor and subcontractors chiefly responsible for that stage of
construction to attend a preconstruction meeting with the City to review the
conditions of approval.
CITY ATTORNEY
36. 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 by any
third party in any State or Federal Court, challenging the City's action with
respect to the applicant's project.
37. 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.
Section 2. Construction must be commenced within 24 months or approval will
expire.
Section 3. All applicable requirements of the State, County, City and other
Governmental entities must be met.
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Section 4. The City Council hereby directs staff to do the following:
38. The Public Works director is directed to work with CalTrans to (1) optimize the
timing of the signal at the intersection of Highway 9 and Saratoga Avenue in light
of the increased volume of traffic on Highway 9 during the a.m. and p.m. peak
periods; (2) identify short term and long term measures to facilitate left turns into
the Fire Station site from southbound Highway 9; (3) make any improvements
necessary to allow the signal at the intersection of Highway 9 and Saratoga
Avenue to accommodate a receiver to allow use remote signal pre-emptor by the
Saratoga Fire Protection District; and (4) remove all restrictions on right turns
during red lights where consistent with accepted traffic safety principles.
39. The Public Works Director is directed to continue to work with the Village Green
Cut-Through/Highway 9 Traffic Signal Task Force to coordinate with residents of
the Village Green and other members of the community to develop a set of
proposals for consideration by the City Council. The Task Force report shall be
presented to the City Council no later than March 31, 2003.
40. The Public Safety Commission is directed to present to the City Council no later
than June 30, 2003 a proposed Motor Vehicle resolution that would (a) prohibit
all construction vehicles from the Village Green area except for vehicles
necessary for authorized construction on the streets subject to the restriction (e.g.,
residential remodeling or other construction); (b) prohibit non-residential cut-
through traffic on Oak Place and Park Place; and (c) prohibit parking on streets
for more than two hours without a permit. Prior to preparing the proposed
resolution the Commission shall notify affected residents and hold at least one
community workshop. The resolution shall be accompanied by a report
describing the manner in which the restrictions would be implemented, the
specific streets upon which the restrictions would apply, and methods of reducing
any inconvenience to affected residents. The report shall recommend the period
of time that the Motor Vehicle Resolution should remain in effect. Following
adoption of a Motor Vehicle Resolution the City Council will direct the Public
Works Department to immediately post signs and take other actions necessary to
implement the resolution and direct City Code Enforcement and Sheriff's office
personnel to enforce the resolution.
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The above and foregoing Resolution was passed and adopted at an adjourned meeting of
the City Council of the City of Saratoga held on the 6th day of November 2002 by the
following vote:
AYES: Councilmembers Stan Bogosian, John Mehaffey, Ann Waltonsmith,
Vice Mayor Evan Baker, Mayor Nick Streit
NOES: None
ABSTAIN: None
ABSENT: None
Nick Streit, Mayor
ATT~Tf ._______
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Cat ee yer '~ Clerk
This permit is hereby accepted upon the express terms and conditions hereof, and shall
have no force or effect unless and until agreed to, in writing, by the Applicant, and
Property Owner or Authorized Agent. The undersigned hereby acknowledges the
approved terms and conditions and agrees to fully conform to and comply with said terms
and conditions within the recommended time frames approved by the City Council.
Property Owner or Autho ~ d Agent
`~ z . 002
Date
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