HomeMy WebLinkAboutCity Council Resolution 07-052I~TJTI~ N~. ~7-~~~
~REOLI~TI[~l~ ~~ THE ITS ~I~I~II~ ~F THE
CITY ~F AT.A DEII~~ AN ~.~~E~I~; THEI~E~~ ,~~~"x~IN THE
PLA~N~~ZI~ 1HI~I~N'~ APFI~VA~, ~
USA ~EI~YT ANA I]EIN RE~IE'UU A~PI~IATIN U7-~~$
ZAB~TT~ ~X~~ TRUST; ~ 4G3~ Bf Basin way
wHEREA, ~ day ~, ~~~`, following ~ public hearing at which tine all
interested parties were given a full opponity to be heard and present evidence e pity
of Saratoga 1~lanning ammission approved Use Permit and Design review application
o. ~7-08~ to construct and operate a ~nied-use development consisting of two
resrdent2a.l apartment units 1n one bu:~~d~ng at the rear of ~e site and a separate t~o~-~toxy
cor~rrYercial building at the .front of the site, The r~ax1rnum bu~l.ding coverage is ~8.8a1~ of
the site. The rnax~n~um herght of the buildings is Z~ feet. The gross lot grass sire is
17}187 square feet, and the site is coned H~~; and
w~E1~.EA~ on June ~, ~~~7, separate appeals o~ the P1ann~ng commission
dee~ision were filed ~~ . dolly Davies and Lary Beach ~aseae; and
V~kIEI~.EA, on July 1 ~, ~~~7 the pity council held public hearing to consider
the appeals at which tirrie all interested parties were given a full opportunity to be heard
ar~d to present evidence; ar~d
wHEE~~, the pity council ofthe pity of Saratoga has considered the appeals
and all testimony and other evidence subrnitted in connection therewith;
I~aw, thcr~~or~, ~e it resolved that the pity o~nc~l of the 'ity of Saratoga hereby:
I. Denies each of the appeals and affirms the ~'lanning Qrnmission's approval of
the ~Jse Permit Design keview application; and
II. Determines that the proposed project including the construction of a mixed use
development is categorically exempt from the alifar~ia environmental duality .pct
{8~} pursuant to ectzon 1 3D3 ~c~ ~l~ew onstructi~n. cr ~anversion of ma11
Structures which provides: "A. store, :motel, office, restaurant or similar structure not
xn~rolv~ng the use of significant amounts of hazardous substances, and not exceeding
~,50~ square feet in floor area. In urbanised areas} the exemption also applies to up to
four such commercial buildings not exceeding 1 ~,~~~ square feet in floor area an sites
coned far such use, if not ~nvo~vt.ng the use of s~gnlf1Ca11t arr~ounts of hazardous
substances where all necessary public services and facilities are available and the
surrounding area. is net environmentally sensitive.a'
III. Determines that the ~.pplicant has n~ct the burden of proof required to support said
appli.catian far design review approval and n~al~es the following findings s specified in
~u.I71.Clpal ~~~~ ~ectlcn ~~-~~,~~~;
Desi~ vie ~"i~di~~g~
The proposed proj ect is consistent with all the following Multi-Family ~
Commercial ]es~n Review findings stated ~n 1V~~n~clpal Cade section 15~
~~.~~~;
~~} ~~e~~ tt~or~ ~ha~ o~~ ~~~~d~~~ o~ s~rr~etr~~e wi~~ ~e co~~s~raeted, the
arc~i~e~~ura~ features aid la~ds~apin ~h~reof s~~a~d b~ h~rmon~oa~s, ~Sac~z
f ea~ur~s ~rr~~ud~ ~~~~~, ~~~va~~ons~ r~oo,s, ma~~r~a~~ ~o~~r arrd a~rpur~~aauc~s.
The rnixed-use development is located in the village camrnercial district and i
designed to Inlnlrnl~e lnterfer~nCe with views and privacy to add acent properties.
To the North of the property the neigl~hors will lac separated by over 1~ feet of
sethacl~ and Saratoga Creep which provides a natural buffer, to the south is dig
asln ~~ d the Irl~erscction with 1th Street, to the east 1~ an attorney's office
and to the west zs a two-story t4wnhon~e dcvelopn~ent separated by fence, The
setbacl~s meet the re~uirerrients of the City Cody, The Project prapas~s
maintaining existing vegetation to help screen the project along the rear adjacent
property line. The structures are designed in a sln~llar style and wzth sin~.ilar
Materials as other l~istonc structure in the village, especially resembling the Sam
Claud day and Feed warehouse currently under reriovatian an Third street, with
hari~ontal s~hiplap siding and metal roof,
~~} W~~r~ mare t~rau o~~ sru ~~~~ ~e ~rec~~d ar displayed o~ tie site, ~e s~g~s
si~a~~ have a ~~t~on or ~o~~pata~~e d~s~rr and ~~ca~ioaal~osi~ious aid s~iaii be
~rar*mor~ious iu ap~ear~au~~. The proposal does not include any signae. Any
future signage will be required to meet the City sign code requirements and
village ~]esigri Guidelines,
~c} Lands~apia sa~~ iu~e~at~ and a~con~r~odate e~c~s~iu ~r~~~ a-~ ve~~a~ia~ ~n
~e p~es~rved; it s~aii make use of ~at~~-cons~rvi~g p~~~t~', ma~er~ra~s arrd
irr~atior~ syst~m.s ~~ tine m aim urn e.~tea t ~ f~a~sib~~; a~ d ~o ~h ~ m axim air ~x~~~~ ~
f~asi~i~ it s~aii b~ ciuster*ed in aturai appe~c~~~~ routs, as o~pos~d ~o ~eirt
,~ia~ed ~~ roes a~ re~uiar~y spa~~d. The applicant intends to leave mast of the
vegetation at the rear of the zte untouched t the front of the site the applicant
will leave the existing ask trees and will provide Bower faxes and shrubs along
the cast and west property li.r~.e,
~~} 'oio~s of ~va~~ and roof iag ~na~~r~a~s s~a~~ ~~~~ ~v~t ~~te ~a~~c~a~ ~a~dsca~~ aid
~e ~~~-ref ~c~ive. The proposed colors a~.~ n~terials i11 blond with the natural
landscape and ~e non-reflective. Further, the use of c~i~r, rr~at~riais and detailing
add interest and artlculatian to the ~llildings,
~e~ ~~vf ~~~ ma~e~ials s~a~~ ~~ ~~od shies, ~v~od s~akes~ file ar ~~~er ateria~s
Such as ~oposit~ou as a~~rav~ ~y she ~ia~r~i~ `a~nissio~t. a m~~~ar~~~ai
~~rr~ipr~~ut slraii be iacated ~~arr a roof u~~ess ~~ is ap~~opriat~~y scr~~r~~d, The
proposed structures will use metal roofs similar to these found on structures built
at the turn a f th e century when arato ~~ ~~~ l.a grog town rather than a
residential suburb. The roofs will recelv'e anon-reflective treatt~ent. ~a
mechanical, equipment is praposed on the road'.
~ ~'e proposed d~ve~opme~~ a~~ ~e co~atr~~~ ire ~~r~~ off` ~~~1~t, ~~~~ ~n~
~~si~~ with o~h~~ s~r~~c~res ~~ ~~e ~rr~ediat~ ~r~~, The propaed prod ect will be
carr~patible with other develapn~ents in the Village. The area is mastly can~prised
off' t~va-story structures of ~pproxin~ately the sarrYe height and hulk. chile the
architectural styles in the area vary this prapasa.l will he campatible. It will
pravide a gaad transitian franc the eastern end of the Village to the mare
residential uses at tl~~s eastern end. An attorney's office is located in an aid name
to the east of the subject property. The property to the west is develaped v~rith
to~vnhon~es of similar height, bulb and a contemporary craftsman design. Sixth
Street makes a T inter~ectlon dlrectl}~ ~n front of than property The properties
acrass the street are developed to the west with a large candorninium complex and
to the east with an architect's office in an historic residence. Accordingly, the
propased project i carnpatible in height bulb, and ~ei~m with other structures in
the 1n~n~ e d1 ate area,
Iv. The proposed project supports the findings far onditianal Use Permit approval
subject to qty fade ~ ~-5 ~ .4~~:
~a.} 7'1~a~ ~~ ~r~aposd ~vca~~'on of the c~~a~i~io~~~c~ use i~ i~ accord ~v~~~ ~1~
~~j~~~~~~~ ~~'~~e o~a~ Ordrrra~c~ aid ~l~~pa~pos~s ~e di~~ri~t ire which
the ,~~t~ ~s ~o~at~d, F~nd~ngs can be made in the ffinrnatlve ~n that a mixed-use
develo ment a be a conditionally permitted use in the designated ~anin
p Y
district ~~H-}, The honing rdinance states that the purposes of the ~onin~
district ~~ which the proj ect is located include: "Preservation and enhancement
of the small-scale pedestrian character of the pillage to male the area more
inviting to potential shoppers and diners", "Preservation and e~hncenYent of
the a.r~hitectural and landscape quality of the Village"; and "ncourage~nent
of a town cuter mix of specialty chaps, restaurants, canvenienee chaps,
services and residences." The proposed development mill preserve anal
enhance the edestrian environment by n~air~taining the oak trees at the front
P
of the site ala.d adding a seating area around them, mabing the area 1nv~ting to
shoppers. The architectural stye of the buildings is also in beeping with
aratoga~s history ar~d the rrlix of retail a~~~i~ and residential uses on this site
provides a good transition from the amore retail cast end of the Village to the
mare residential west end.
~b~ ~'ha~ ~~~ proposed ~o~a~ioa of ~~~ ~o~da~~o~a~ use a~a~ ~1~e ~o~di~ior~s under
l~icl~ ~~ would be ap~r~o~ed ~~ ~a~iu~~c~tred >w~~~ ~~t ~e det~ie~~a~ to tie
pul~~ic ~ea~~~, safely or ~ve~ar~e, ~~ a~er~~a~~~y irrjur~io~cs ~~ properties or
improver~~s ire ~~e vicinity! Findings can tae made in the f~t~rnative in that
appropriate conditions have been placed an the use perrr~it to ensure
carnpliance with all applicahle health and safety codes. The proposed
develaprnent will not be detrimental to the public health, as tt has been
candltlaned to naeef all applicable bu11d1ng caries.
~c~ That tie pr~a~vsa~ caditio~a~ ~s~ wi~~ ~~~~~~ ~vit~ ~ac~ ~f ~~~ a~p~~ica~~~
pro~isivs ~ t~s ~hapte~. ~indlns can be made ~n the affirmative 1n that
appropriate canditzons have been placed an the use permit t~ ensure
compliance with Cade re~uirea~xents. Any 1nt~n~ficat~on of the use will
requ1r~ an amended anditlQnal use permit.
~d~ Thy ~propo~~d co~~~~ona~ use ~~~~ ~a~t adv~r~~~~y a~ ff~~t ex~sti~ ar
a~~f~~ipate~ ~se~ in tie ~rcd~ate ~aei~~or~vod, ucr~d ~~~ ~tvt a~v~rs~~y
af,~~ct urr~ou~.dir~ pr~~perties o~ ~~~ o~~apa~ts t~a~r~of. findings can be
nude in tb.e a~`#~irinativ~c in that the prapased develaprnent v~ill attract
customers firon~ the pillage and rr~ay bring additianal custan~ers far ather
businesses in the vicinity. Additlanally the residential uc at the rear will
provide potential customers to businesses thrauhout the pillage. Although
there are residential uses located to the west ~ across the street the i.pact
should be minimal as the applicant is proposing parking spaces an site, which
will be used by the res~der~tial tenants during non-retail shopping houzs.
further, employee access and de.live~ries will be made through the front door,
f aei~g dig Basin air.
~. After careful consideration of the site plan, architectural dra.i~as, plans and other
e~hib~ts submitted 1n corxncti~~l nth this matter, application number ~7-DZ far ~]e
~rn~it and design Review A.ppraval i.s hereby granted subject to the following
c~ndatians:
PERN~~~ENT I~~I~TI~~ ~~ APPI~I~VAL - done
DENT I~E~ELI~F~IE~T ~~~~~~L ~NI~ITI~N -
~O.~~U~1IT~ ~]E~ELI~PIVIEI~T
~ . The Planning amrn1ss~on shall retain continuing ~undzct~on ~vr the and~tlanal
~Jse 1~erit a,nd may, t any time, ad~l`y, delete, impose any new conditions of the
permit to preserve the public health, safety, and welfare.
~. The development shall be located and ~anstructed as shown an ``Exhibit ~"
~~ncorporated by reference, date stamped 1VIay 5~~, ~~7} and in compliance with the
cond~itians state in this l~esaXution, Any proposed changes-including but not limited
to facade design and rr~at~ria~ls - to the appravcd plans shall b~ ~b~nittd in writing
with a clouded set of plans highli~ht~ng the changes. Proposed cha~ages to tl~e
appraved plans are subj ect to the approval cf. tk~e amrnunlty Develaprr7ent I~irectar.
3. The project shall use mat~ials and colors as illustrated an the Finish. l~tei~i~ls Bard
date stamped day ~4, 2~~?. The metal roof shall receive a non-reflective treatment.
~. ~QUr sets of complete constriction plans incorporating this Resolution and the
Arborist Reports see Arborist item bclo~v}, as a separate plan page shall be suhr~itted
to the Bllllding ~lvlslon,
5. T~vo Anal sots of landscape plans shall b submitted for reviev~ anal .approval by the
an~nunity Development Director and the pity Arborit incorporating all
rcorrlrrxendatlons frorri the Arbarist's reports dated May ~, ~~~?, August ~~, ~~~G,
and May ~, ~~0~ prior to issuance o~ a building ~permit~
~, The applicant shall obtaiaa access rights to the pedestrian access easement at 1 ~~4
dig B~.sin way to the satisfaction of the pity Attorney or shall provide a pedestrian
access easerncnt on said property to access the open space easement prior to issuance
of a building permit.
~. The applicant slla~l ubinlt ~ final public open space p~an,lndlcating the location of the
open space easement, access t~reto~ con.nectlon to any adjoinlr~g ree~slde open
space easements and signage to the satisfaction of the i.ty and a landscape and
rnaintenancc agrecrnent for said easements prior to issuance of ~ building permit.
8. Any intensification o this use shall require an amended conditional use Permit.
~, The proposed use shall at all times operate in compliance v~rith all regulations of the
pity andlor other agencies having ~urisdictior~~al authority over the use pertaining to,
but not limited to, health, sanitation, safety, and water quality issues.
1 ~. The applicantlowner shall save and reuse hardware and w~ir~dows as practical for the
ne~v construction subject to review and approval by the orr~munity Development
Director.
11. All fireplaces shall be gas-fired. with gas jets, directi venting, convection chat~bers,
heat exchanger, variable heat output, and l~larne control, and permanently affixed
ar~ifcial logs.
~~. The site plan shall contain a note with the following language: "Prior to foundation
inspection ~~ the 1ty, the ~~ ~~ record shall provld~ ~ written ceTtifl~~.t10r1 tl]~t ~~~
building setbacl~s are per the approved plans."
~ 3. A stormwater retention plan shall be submitted to the pity for review and approval
indicating how all st~r~ri water will be retained on-site, and incorporating the env
Development and Construction -Best Management Practices.
~4. Post construction mater quality mitigatia~l shall be irnplen~ented in accordance with
measures bound in the "tart at the source -Design guidance Manual ~`or tarmwater
duality Protection" prepared for the Bay .Area torrrawater Management Agencies
Association,
15. bite drainage sha11 he directed toward the front of the property, i f passible, or be
dispersed across landscape or vegetated area and not allayed to discharge as
concentrated flow to Saratoga creek.
~ G. The design ~~ the d~ss~pater ~ storm water detent~an pipe as shown on sheet ~ ~
shall fallow the guidelines found in the Santa. Clara Va11ey urban .unoff Pa11ut1on
~reven~ion Program's .~ Starmwater Handbook,
1 ~. The applicant shill subrnlt details of tie proposed trash enclosure far review and
approval by the ornn~unity De~reloprnent Director.
~, Prior to issuance of ,caning learnee far the proposed tenant irnprovements~ the
ownerlappl~cant sha11 submit to and obtain approval from the ammunity
Development Department for a business liccnsc,
ARB~RIT
1, All recommendations of the Arborit .Reports dated Nay , ~4D7, August Z~, ~~~~,
and day , ~~~, and incorporated herein by this reference shall be followed and
incorporated into the plans.
~. Prior to issuance of building Permits the applicant shall obtain ~. tree bond, or similar
funding mechanism as approved by the ornmunity Develan~ent Director, in the
a~nour~t of ~5, ~ x.40.
1, The Project eatechnical Engineer shall review and approve all geotechnical
design aspects of the detailed site development plans ~~.,e,, site preparation and
Fading and design parameters far the proposed c~nstructian} to ensure that the
geotechnical recommendations have been properly incorporated.
The results of the plan rcvie~~s~ shall be su~nm.ar~ red by the Project
otechnical Engineer in a letter~s~ and submitted to the pity Engineer far
review pria~ to issuance of building permits.
. The geatechnical consultant sha11 inspect, test has needed}, aril approve all
eatcchnlcal aspects of prod ect construction, The inspections should include, but
not necessarily be limited to: site preparation and grading, site surface and
subsurface drainage i~npravements, and excavations for foundations and retaining
walls prier to the placement of steel and concrete.
The results of these inspections and the as-built conditions of the pxoj ect shall
be described by the Project e4technical Engineer in letter and submitted to
the pity Eniraecr for revie' prior to final ~as~built~ project approval.,
. The owner ~applicant~ shall pay any outstanding fees associated with tlae pity
eateeh~ical consultant's review ofthe project prior to done clearance.
4. The ones ~applicant~ shall enter rota agreement holding the pity of arataa
harrnle~s fr~n~ ~~~ claims or liabilities caused by or arising ant of sail or sloe
instability slides, slope fa~l~re or other so1l related andlor eros1on related cond~t~ons~
FIRE DEPA~~"1VXEl~'~
1, 'the applicant shall comply v~ith all requirements of the Santa Clara Jaunty
Fire department.
CITY A'~7~~~NE'~
~. ~~vner and Applicant shall indemnify, hold harmless and defend the pity, its
employees, ~gent~, independent contractors and volunteers ~collecti~ely
"pity„~ from any and all casts and c~penses, including but n.ot ]i,rn,ited to
attorney's fees, incurred by the pity or held to be the liability of pity in
Connection Wlth Ivy's defense in any proceeding brought in any state or
Federal court, challenging the pity's action with respect to the applicant's
project or contestxr~g any action or inaCtzon in the pity's processing andlor
~.pproval of the subj et application.
~I. A Bu~ld~ng Permit must be issued and canstructlan c~rnrnenced ~rlth~n ~~ months
from the date of adoption of this Resolution or appr~Val mill expire.
VIA, All applicable requ~irer~ents of the state, Jaunty, pity and other avernrriental
entities must be rnet.
PEED ANI~ AI~~~~E~] by the pity council of Saratoga. state of California, the ~ ~t~
day of July ~OO~ by the following roll. call Vote:
ACES: ouncilmembers Jill ~Tunter, Cathleen ding, huCl~ Page,
Vice lVlayor Ann ~Ualtansmith, Mayor Aileen Rao
~I~E: ~1one
A~F~I~~{ lane
AT.A lone
N~.
ileen aa, Mayer
This perrr~xt is hereby accepted upon the e~.p~ess tn~ns and ~~n~~~l~n ~ere~~`7 ~n~ sha~~
have no ~rce or e~"~"ect unless and until agreed to, in r~vriting, by the Applicaut~ and
Property owner or Authorised agent. The undersigned hereby acnowled~es the
approved terms and cond~~xons end agrees to ~u~l oon~orm to and comply with said ter~~as
and conditions within the recornrnended tune ~rarnes approved by the pity planning
Co fission.
T'
Pr rty Owne Authorized Agent Dat