HomeMy WebLinkAbout106-5. Planning Commission Resolution No. 10-022.pdf
CITY OF SARATOGA PLANNING COMMISSION RESOLUTION NO. 10-022 FOR MODIFICATION OF BUILDING PLANS AND DEVELOPMENT CONDITIONS Application # MOD 10-0002 /SummerHill Homes 14234 Saratoga-Sunnyvale
Road The City of Saratoga Planning Commission finds and determines as follows with respect to the above-described application: I. Project Summary The City of Saratoga Planning Commission
has received an application for Modification of Building Plans and Development Conditions granted by Planning Commission Resolution No. 07-048 adopted April 25, 2007 (Application No.
06-017) for the Townhome Project shown in Exhibit "A" date stamped August 2, 2010, incorporated by this reference. The applicant is requesting modifications to an approved plan to construct
twenty townhome units. The proposed changes include eliminating the approved basements, modifying the interior layout, and modifying the exterior façade and patio areas. Also included
in the application for modification are minor changes specified in the four letter packet distributed by staff to the Planning Commission as follows: letter dated May 23, 2007 from JSM
Enterprises to John Livingstone; two letters dated August 4, 2010 and August 9, 2010 from SummerHill Homes to Daniel Kaypaghian; and letter dated August 11, 2010 from SummerHill Homes
to Executive Townhome Owners. The maximum height of the proposed buildings is 30 feet, as previously approved. The lot size is approximately 2.08 net acres and the site is zoned RM-3000.The
modifications will be described as the “Project” in this Resolution. II. Modification of Building Plans and Development Conditions Requirement City Code Section 15-80.120(b) requires
approval by the Planning Commission for any modification to plans approved pursuant to Design Review Approval. The 20-unit Townhome Project was approved pursuant to City Code Section
15-46.020 which requires Design Review Approval for any new main structure in an R-M district. This Design Review Approval requirement implements the Saratoga General Plan, including
but but not limited to: Land Use Goal 13 which provides that the City shall use the Design Review process to assure that new construction and major additions thereto are compatible with
the site and the adjacent surrounding. III. Planning Commission Review On August 11, 2010 the Planning Commission held a duly noticed Public Hearing on the SummerHill Homes Modification
Project at which time all interested parties were given a full opportunity to be heard and to present evidence and argument. The Planning Commission considered the Project, the staff
report on the Project, CEQA documentation, correspondence, presentation from the Applicant and the public, and all testimony and other evidence presented at the Public Hearing. IV. Environmental
Review
2 Application No. MOD 10-0002; 14234 Saratoga-Sunnyvale Road For the initial 20-unit Townhome Project approval. an Initial Study (IS) and a Mitigated Negative Declaration (MND) were
prepared for the Project by the City of Saratoga, pursuant to the requirements of the California Environmental Quality Act (CEQA, Public Resources Code sections 21000-21177), CEQA Guidelines,
and City CEQA requirements. The IS and notice of intent to adopt a MND were circulated for public review from July 7, 2006 through August 7, 2006 and the Amended IS and notice of intent
to adopt a MND were re-circulated for public review from March 14, 2007 through April 14, 2007. Comments received and responses to comments are included as part of the Initial Study
and Mitigated Negative Declaration. A Mitigation Monitoring Plan has also been prepared for this project. The modifications to the previously approved Townhome Project are minor alterations
to previously established land use limitations and hence the SummerHill Homes Modification Modification Project is categorically exempt from the California Environmental Quality Act
(CEQA) pursuant to CEQA Guidelines (14 C.C.R. Section 15305 Class 5 of Title 14, Division 6, Chapter 3 (“CEQA Guidelines”). No exception to that exemption applies. Furthermore, the modifications
are exempt from CEQA pursuant to CEQA Guideline 15061 in that the modifications can be seen with certainty to have no possibility of having a significant effect on the environment. V.
Design Review Findings The findings required for issuance of a Design Review Approval pursuant to City Code Section 15-46.040 are set forth below and the Applicant has previously met
the burden of proof to support making all of those required findings for the approved Townhome Project and also meets such burden as to the Townhome Project as modified: (a) Where more
than one building or structure will be constructed, the architectural features and landscaping thereof shall be harmonious. Such features include height, elevations, roofs, material,
color, and appurtenances. This finding can be made in the affirmative. The proposed townhomes are designed in the Craftsman style of architecture with three distinct yet compatible facades
of similar height. Roof materials, exterior colors, and architectural details are complimentary throughout the entire project. The development includes a common open space area which
incorporates a cluster of three redwood trees and a pedestrian pathway that connects to most areas of the site and a pedestrian pathway along Saratoga-Sunnyvale Road. (b) Where more
than one sign will be erected or displayed on the site, the sign shall have a common or compatible design theme and locational positions and shall be harmonious in appearance. This finding
can be made in the affirmative. All signs on the property will be of high quality and design and have a unifying theme and appearance. (c) Landscaping shall integrate and accommodate
existing trees and vegetation to be preserved; it shall make use of water-conserving plants, materials and irrigation systems to the maximum extent feasible; and, to the maximum extent
feasible, it shall be clustered in natural appearing groups, as opposed to being placed in rows or regularly spaced. This finding can be made in the
3 Application No. MOD 10-0002; 14234 Saratoga-Sunnyvale Road affirmative. The site is adjacent to Saratoga Creek and the location of structural and landscape elements will conform to
requirements of the Biotic Study for the project and the Santa Clara Valley Water District for use of native materials in the landscape. Most of the existing trees and vegetation will
remain along the perimeter of the site. The applicant is proposing to remove 45 trees including seven (7) oak trees. Where removing existing native vegetation, it will be replaced with
native specimen trees so that the landscape elements will enhance the existing vegetation of the site. (d) Colors of wall and roofing materials shall blend with the natural landscape
and be nonreflective. This finding can be made in the affirmative. Roofing materials are compositional tile in earthtone colors. Exterior colors include browns, tans, and greens. (e)
Roofing materials shall be wood shingles, wood shakes, tile, or other materials such as composition as approved by the Planning Commission. No mechanical equipment shall be located upon
a roof unless it is appropriately screened. This finding can be made in the affirmative. Roofing materials are composition. No equipment will be located on any roof. (f) The proposed
development shall be compatible in terms of height, bulk, and design with other structures in the immediate area. This finding can be made in the affirmative. The townhomes will be compatible
with surrounding residences, which includes a mix of older and newer single-family homes, two-story townhomes and apartments. The project has been designed in a manner that minimizes
the appearance of excessive height and bulk in relation to other residences in the neighborhood. VI. Project Approval After careful consideration of the application, site plan, architectural
drawings, and other materials and exhibits and evidence submitted to the City in connection with this matter, Application No. MOD 10-0002 (Modification of Planning Commission Design
Review approval) is approved subject to the conditions set forth below. CONDITIONS OF APPROVAL A. GENERAL Acknowledged. 1. The Planning Commission shall retain continuing jurisdiction
over the Design Review and may, at any time, modify, delete, or impose any new conditions of the permit to preserve the public health, safety, and welfare. Acknowledged. 2. Conditions
may be modified only by the Planning Commission unless modification is expressly otherwise allowed by the City Code including but not limited to sections 15-80.120 and/or 16-05.035,
as applicable. Acknowledged. 3. The Community Development Director shall mail to the Owner/Applicant a notice in writing, on or after the time this Resolution of Approval is duly executed
by the City, containing a statement of all amounts due to the City in connection with this
4 Application No. MOD 10-0002; 14234 Saratoga-Sunnyvale Road application, including all consultant fees (collectively “processing fees”). This approval or permit shall expire sixty (60)
days after the date said notice is mailed if all processing fees contained in the notice have not been paid in full. No Zoning Clearance or Demolition, Grading, or Building Permit may
be issued until the Community Development Director certifies that all processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). Acknowledged.
4. A Building Permit must be issued and construction commenced within 24 months from the date of adoption of this Resolution and the Design Review will expire unless extended in accordance
with the City Code. Acknowledged. 5. The Project shall at all times be constructed and operate in compliance with all applicable regulations of the State, County, City and/or other governmental
agencies having jurisdictional authority over the facility pertaining to, but not limited to, health, sanitation, safety, and water quality issues. The Project shall maintain compliance
with all applicable requirements of the State, County, City and other governmental entities having jurisdiction. Acknowledged. 6. Prior to issuance of any demolition, grading, or building
permit to implement this Design Review approval the Applicant shall obtain a “Zoning Clearance” from the Community Development Director by submitting final plans for the requested permit
to the Community Development Department for review to ascertain compliance with the requirements of this Resolution. Acknowledged. 7. Agreement to Indemnify, Hold Harmless and Defend
City as to Action Challenging Approval of Application and as to Damage from Performance of Work Authorized by Design Review Approval. As a condition of this Approval, Owner and Applicant
hereby agree to defend, indemnify and hold the City and its officers, officials, boards, commissions, employees, agents and volunteers harmless from and against: a. any any and all claims,
actions or proceedings to attack, set aside, void or annul any action on the subject application, or any of the proceedings, acts or determinations taken, done or made prior to said
action; and b. any and all claims, demands, actions, expenses or liabilities arising from or in any manner relating to the performance of such construction, installation, alteration
or grading work by the Owner and/or Applicant, their successors, or by any person acting on their behalf. In addition, prior to any Zoning Clearance from the Community Development Director,
Owner and Applicant shall execute a separate agreement containing the details of this required Agreement to Indemnify, Hold harmless and Defend, which shall be subject to prior approval
as to form and content by the Community Development Director.
5 Application No. MOD 10-0002; 14234 Saratoga-Sunnyvale Road B. COMMUNITY DEVELOPMENT Acknowledged. 8. Previous conditions of approval, mitigation measures. This resolution of approval
shall be considered an amendment to Planning Commission Resolution 07-048 for those changes and only those changes shown in Exhibit A and Exhibit B date stamped August 2, 2010.Except
as expressly modified in those Exhibits or in these Conditions of Approval, the Conditions of Approval contained in Planning Commission Resolutions No. 07-048 and 09-029 shall remain
in full force and effect and the applicant shall comply with all such previously imposed Conditions of Approval and environmental mitigation measures contained in the previously approved
Mitigated Negative Declaration pursuant to Planning Commission Resolution No. 07-046. Acknowledged. 9. Compliance with Plans. The facility shall be operated, located and constructed
to include those features, and only those features, as shown on the Approved Plans denominated Exhibit Exhibit "A" (with wainscoting added for street facing elevations of buildings 2,
3, and 4 to match wainscoting materials on the adjacent side elevation), and color board denominated Exhibit “B” date stamped August 2, 2010, incorporated by this reference, together
with the minor changes specified in the four letter packet distributed by staff to the Planning Commission as follows: letter dated May 23, 2007 from JSM Enterprises to John Livingstone;
two letters dated August 4, 2010 and August 9, 2010 from SummerHill Homes to Daniel Kaypaghian; and letter dated August 11, 2010 from SummerHill Homes to Executive Townhome Owners. All
proposed changes to the Approved Plans must be submitted in writing with plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject
to the requisite prior City approval. Acknowledged. 10. Governmental entities. All applicable requirements of the State, County, City and other Governmental entities must be met. Acknowledged.
11. Building Department. Applicant shall comply with all building standards including any improvements necessary to comply with the building code. Acknowledged. 12. City Arborist Conditions.
Applicant shall comply with all City Arborist Conditions. Acknowledged. 13. Fire Agency Conditions. Applicant shall comply with all Fire Agency Conditions. Acknowledged. 14. Santa Clara
Valley Water District. Applicant shall work with the City Arborist, Public Works Department, and Community Development Director to incorporate and comply with applicable SCVWD standards
including Guidelines and Standards for Land Use near Streams and the SCVWD letter dated August 3, 2010.
6 Application No. MOD 10-0002; 14234 Saratoga-Sunnyvale Road