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HomeMy WebLinkAbout102-Attachment 1: Resolution.pdfPage 1 of 10 RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENYING AN APPEAL; THEREBY AFFIRMING THE PLANNING COMMISSION’S APPROVAL OF DESIGN REVIEW APPLICATION PDR10-0015 Jayam; 15395 Pepper Lane Construction of new one-story home WHEREAS, on March 23rd, 2011, the City of Saratoga Planning Commission approved Design Review application PDR10-0015 to construct a one-story single-family residence. The total floor area of the proposed residence would be approximately 4,474 square feet. The height of the proposed residence would be 23’-6”; and WHEREAS, on April 4, 2011, Laurence and Thurldean Mitchell, filed an appeal of the Planning Commission’s approval of Design Review application PDR10-0015; and WHEREAS, on May 4, 2011 the City Council held a public hearing to consider the application 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 City Council upheld the determination and findings of the Planning Commission approval of the design review application; and WHEREAS, the proposed project including the construction of a new single-family residence is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303, “New Construction or Conversion of Small Structures”, Class 3 (a) of the Public Resources Code. This exemption allows for the construction or conversion of up to three single-family residences. WHEREAS, the applicant has met the burden of proof required to support said application for Design Review, and is consistent with the following General Plan Policies: Conservation Element Policy 2.0 – Conserve natural vegetation and significant topographic features which exist in Saratoga and its Sphere of Influence. The project would not be removing any heritage or native trees. Three trees protected by City Code are proposed for removal as they are located within the proposed building footprint. These include an American Sweetgum, a multi-trunk Avocado, and an Almond. The project includes a condition of approval requiring the applicant to plant new trees equal to or exceeding $9,680. The other trees on the site potentially impacted by the construction will be protected by fencing. The project would not be impacting any significant topographic features. Conservation Element Policy 6.0 - Protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. Proposed building materials fronting the street would include natural materials and muted colors such as beige colored stucco Page 2 of 10 and trim, wood doors, and stone veneer. The visual impact of the development as viewed from Pepper Lane would be reduced by the articulation of the building, the 51 foot front setback, and the maximization in front yard landscaping. Land Use Element Goal 1.0 – Maintain the predominantly small-town residential character of Saratoga which includes semi-rural and open space areas. The proposed building is a one-story single family home that is most indicative of a “small-town” residential character. It will be constructed of natural materials and will be approximately 23’-6” feet in height as viewed from the street. This reduced height below the maximum, varied roof lines, and architectural details will reduce the visual mass of the structure and will not overwhelm or dominate the adjacent structures or the semi-rural character of the street. Land Use Element Goal 13 -The City shall use the design review process to assure that the new construction and major additions thereto are compatible with the site and the adjacent surroundings. As conditioned, the application meets the findings required for Design Approval. The home is well designed and is not visually massive, the architectural details and features and the use of natural materials compliment the Mediterranean architectural style which is an architectural design that is used throughout the neighborhood. The design will not adversely impact the privacy of the adjacent neighbors. As conditioned, the application meets the following Findings required for Design Approval. Design Review Findings The proposed project is consistent with all of the following Design Review findings stated in City Code Section 15-45.080: (a) The project avoids unreasonable interference with views and privacy. For the following reasons, the height, elevations and placement on the site of the proposed main structure, when considered with reference to: (1) the nature and location of residential structures on adjacent lots and within the neighborhoods; and (2) community view sheds, will avoid unreasonable interference with views and privacy. The maximum height of the proposed one story dwelling is approximately 23.5 feet. All structures on the site will meet and or exceed minimum setbacks. Existing and/or proposed landscaping will screen views of the home from adjacent properties. (b) The project preserves the natural landscape. This finding can be made in the affirmative in that the project is not proposing to remove any native trees. Three trees within the proposed footprint would be removed. The trees would be replaced with new trees that equal or exceed the $9,680 appraised value of the trees to be removed. (c) The project preserves native and heritage trees. This finding can be made in the affirmative in that the project would not remove any Native and/or Heritage trees. (d) The project minimizes the perception of excessive bulk. This finding can be made in the affirmative in that the design of the main structure 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 building has been designed to conform to the natural contours of the site. The perception of excessive bulk is minimized by the use of varying architectural forms, the use of natural exterior materials, rooflines that break up the Page 3 of 10 massing and reduce the perception of height and mass, and entrance feature in scale with the design of the home, and a horizontal orientation of the building footprint. (e) The project is of compatible bulk and height. This finding can be made in the affirmative in that the proposed main structure will be compatible in terms of bulk and height with (1) existing residential structures on adjacent lots and those within the immediate neighborhood and within the same zoning district; and (2) the natural environment; and shall not (1) unreasonably impair the light and air of adjacent properties nor (2) unreasonably impair the ability of adjacent properties to utilize solar energy in that the proposed setbacks for the one story structure will meet or exceed the minimum for the R-1-40,000 zoning district. Residences in the area are spread out given the minimum lot size requirements; the proposed structure is compatible in bulk and height with other homes located in the area and differences in height is mitigated by their physical distance that separates them from the proposed project and by the fact that existing landscaping screens the site from adjacent properties; and additionally, the bulk will be minimized through the use of varying rooflines through changes in height and form and a combination of vertical and horizontal architectural articulation and projections. The residences on adjacent lots are all one story. The proposal is compatible with the natural environment as to bulk and height and does not unreasonably impair access to light and air or the solar potential of adjacent properties. (f) The project uses current grading and erosion control methods. This finding can be made in the affirmative in that the proposed grading plan incorporates current grading and erosion control standards used by the City. The location of the proposed residence is approximately in the same location as the existing residence to reduce grading. In addition, the Project is conditioned to conform to the City’s current grading and erosion control standards and comply with applicable NPDES Standards. The Project is also conditioned to require detention of storm water on site where feasible. As designed, drainage from downspouts and impervious areas is being directed toward the landscaped area in an attempt to maintain storm water on site. If not all storm water is to be retained on site, the grading plan is required to provide an explanation of the reason and how the stormwater which will flow offsite will be in compliance with City and NPDES Standards. The offsite stormwater flow shown on the grading plan shall be subject to prior review and approval by the Community Development Director to assure compliance. (g) The project follows appropriate design policies and techniques. This finding can be made in the affirmative in that the proposed residence will conform to each of the applicable design policies and techniques set forth in the Residential Design Handbook as required by Section 15-45.055. The proposed Project has been reviewed by staff and determined to conform to all of the applicable design policies and techniques in the Residential Design Handbook, including for example minimizing the perception of bulk, integrating the residential buildings with the environment, and designing for energy efficiency. CONDITIONS OF APPROVAL A. GENERAL 1. ALL CONDITIONS BELOW WHICH ARE IDENTIFIED AS PERMANENT OR FOR WHICH AN ALTERNATIVE PERIOD OF TIME FOR APPLICABILITY IS SPECIFIED SHALL RUN WITH THE LAND AND APPLY TO THE LANDOWNER’S SUCCESSORS IN INTEREST FOR SUCH TIME PERIOD. NO ZONING CLEARANCE, OR Page 4 of 10 DEMOLITION, GRADING, OR BUILDING PERMIT FOR THIS PROJECT SHALL BE ISSUED UNTIL PROOF IS FILED WITH THE CITY THAT A CERTIFICATE OF APPROVAL DOCUMENTING ALL APPLICABLE PERMANENT OR OTHER TERM- SPECIFIED CONDITIONS HAS BEEN RECORDED BY THE APPLICANT WITH THE SANTA CLARA COUNTY RECORDER’S OFFICE IN FORM AND CONTENT ACCEPTABLE TO THE COMMUNITY DEVELOPMENT DIRECTOR. 2. IF A CONDITION IS NOT “PERMANENT” OR DOES NOT HAVE A TERM SPECIFIED, IT SHALL REMAIN IN EFFECT UNTIL THE ISSUANCE BY THE CITY OF SARATOGA OF A CERTIFICATE OF OCCUPANCY OR EQUIVALENT. 3. CONDITIONS MAY BE MODIFIED ONLY BY THE PLANNING COMMISSION UNLESS MODIFICATION IS EXPRESSLY OR OTHERWISE ALLOWED BY THE CITY CODE INCLUDING BUT NOT LIMITED TO SECTIONS 15-80.120 AND/OR 16-05.035, AS APPLICABLE. 4. The Community Development Director shall mail to the Owner and Applicant a notice in writing, on or after the time the Resolution granting this Approval is duly executed by the City, containing a statement of all amounts due to the City in connection with this 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). 5. A Building Permit must be issued and construction commenced within 36 months from the date of adoption of this Resolution or the Design Review Approval will expire unless extended in accordance with the City Code. 6. The Project shall maintain compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdiction including, without limitation, the requirements of the Saratoga Zoning Regulations incorporated herein by this reference. 7. Prior to issuance of any Demolition, Grading, or Building Permit to implement this Design Review Approval the Owner or 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. 8. 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: Page 5 of 10 a. 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. B. COMMUNITY DEVELOPMENT 9. Compliance with Plans. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans with a February 8, 2011 revision date denominated Exhibit "A" and the Color Board dated July 14, 2010 denominated Exhibit “B”. 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 approval in accordance with Condition A.3, above. 10. A maximum of one wood-burning fireplace is permitted per habitable structure (e.g., main house or guest house). All other fireplaces shall be gas burning. 11. Fences. Fences and walls shall comply with City Code Chapter 15-29. 12. Heating, ventilation, and air conditioning equipment shall comply with City Code Section 15-80.030(l). Air conditioning condensers shall not be installed within any required setbacks. 13. All building exterior lighting shall be on a timer or motion detector to ensure that the lights do not remain on during the evening when the building is not in use. Prior to building permit issuance, the Applicant shall submit a final exterior lighting plan that complies with Section 15-35.040(i) of the Zoning Ordinance. Specifically, the plan shall indicate that no exterior lighting fixtures shall allow direct light rays to leave the project site, or allow direct light sources (incandescent, fluorescent, or other forms of electric illumination) to be directly visible from off-site locations. The plan shall also show that light levels will not exceed 100 foot lamberts anywhere on the property. The plan shall be subject to review and approval by the Planning Division of the Community Development Department prior to building permit issuance 14. Front yard landscaping. Front yard landscaping shall be installed prior to final inspection or a bond satisfactory to the Community Development Director for 150% of the estimated cost of the installation of such landscaping shall be provided to the City. 15. Landscape installation and replacement for screening or ornamentation. A landscaped area required as a condition of any Design Review Approval shall be planted with materials suitable for screening or ornamenting the site and providing erosion control on all cut and fill graded areas, whichever is appropriate. Plant materials shall be replaced as needed to screen Page 6 of 10 or ornament the site. Landscaping shall be installed to provide erosion control on all graded areas. All landscaping shall be installed to the satisfaction of the Community Development Director. 16. Landscape maintenance. Landscaped areas shall be watered, weeded, pruned, fertilized, sprayed or otherwise maintained by the Owner as may be prescribed by the Community Development Director. 17. Plumbing. All plumbing fixtures or irrigation systems shall be water conserving and otherwise comply with City Code Section 16-75.030. 18. Construction truck routes. Construction trucks shall only use designated truck routes. 19. Noise limitations during construction. The noise level at any point twenty-five feet from the source of noise shall not exceed 83 dBA during residential construction, and residential construction, alteration or repair activities which are authorized by a valid City permit, or do not require the issuance of a City permit, may be conducted only between the hours of 7:30 A.M. and 6:00 P.M. Monday through Friday and between the hours of 9:00 A.M. and 5:00 P.M. on Saturday. Residential construction shall be prohibited on Sunday and weekday holidays, with the exception of that construction, alteration or repair activities which are authorized by a valid City permit and which do not exceed fifty percent of the existing main or accessory structure may be conducted between the hours of 9:00 A.M. and 5:00 P.M. on Sunday and weekday holidays. A notice of applicable construction hour restrictions shall be posted conspicuously on site at all times for all exterior residential construction activity requiring a City permit. 20. Construction and Demolition Debris Recycling Plan. Because this Design Review Approval authorizes a construction, remodeling, or demolition project affecting more than two thousand five hundred square feet of floor space the Applicant is required to provide to the Building Official a construction and demolition debris recycling plan prior to the issuance of any Demolition, Grading or Building Permit. 21. Maintenance of Construction Project Sites. Because this Design Review Approval authorizes a project which requires a Building Permit, compliance with City Code Section 16-75.050 governing maintenance of construction project sites is required. 22. Stormwater. Disposition and treatment of stormwater shall comply with the applicable requirements of the National Pollution Discharge Elimination System ("NPDES") Permit issued to the City of Saratoga and the implementation standards established by the Santa Clara Valley Urban Runoff Pollution Prevention Program (collectively the “NPDES Permit Standards”). Prior to issuance of Zoning Clearance for a Demolition, Grading or Building Permit for this Project, a Stormwater Detention Plan shall be submitted to the Community Development Director for review and approval demonstrating how all storm water will be detained on-site and in compliance with the NPDES Permit Standards. If not all stormwater can be detained on-site due to topographic, soils or other constraints, and if complete detention is not otherwise required by the NPDES Permit Standards, the Project shall be designed to detain on-site the maximum reasonably feasible amount of stormwater and to direct all excess stormwater away from adjoining property and toward stormwater drains, Page 7 of 10 drainageways, streets or road right-of-ways and otherwise comply with the NPDES Permit Standards and applicable City Codes. 23. Landscape and Irrigation Plan. The Landscape and Irrigation Plan required by City Code Section 15-45.070(a)(9) shall be designed to the maximum extent reasonably feasible to: a. utilize efficient irrigation (where irrigation is necessary), to eliminate or reduce runoff, to promote surface infiltration, and to minimize use of fertilizers and pesticides that have the potential to contribute to water pollution; b. treat stormwater and irrigation runoff by incorporating elements that collect, detain and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolonged exposure to water shall be specified in the Plan, installed and maintained; c. be comprised of pest resistant landscaping plants throughout the landscaped area, especially along any hardscape area; d. be comprised of plant materials selected to be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment; e. protect the roots of Ordinance-protected trees from any proposed or required undergrounding of utilities; f. retain and incorporate existing native trees, shrubs, and ground cover into the Plan and comply with Section 16-75.030 of the City Code to the extent applicable; and g. to minimize erosion during construction all slopes within 20 feet of the building pad shall be planted with natural vegetation. This landscaping shall be planted prior to issuance of a building permit and shall remain in place for a minimum of one year after building permit final. 24. Building Division Submittal. Four (4) sets of complete construction plans shall be submitted to the Building Division. These plans shall be subject to review and approval by the Community Development Department Director or designee prior to issuance of Zoning Clearance. The construction plans shall, at a minimum include the following: a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A” on file with the Community Development Department and referenced in Condition No. B.1 above; b. A note shall be included on the site plan stating that no construction equipment or private vehicles shall be parked or stored within the root zone (five feet beyond the dripline (the area under the canopy) or a greater distance as determined by the City Arborist) of any Ordinance-protected tree on the site; c. The site plan shall contain a note with the following language: “Prior to foundation inspection by the City, the Licensed Land Surveyor of record shall provide a written certification that all building setbacks comply with the Approved Plans,” which note shall represent a condition which must be satisfied to remain in compliance with this Design Review Approval; d. This signed and dated Resolution printed onto separate construction plan pages; e. A boundary survey, wet-stamped and wet-signed by a Licensed Land Surveyor or Civil Engineer authorized to practice land surveying. The stamp shall reflect a current license for the land surveyor/engineer, the document shall be labeled “Boundary Survey,” and the document shall not contain any disclaimers; Page 8 of 10 f. City Arborist Reports dated February 7, 2011 printed onto separate construction plan pages; and g. All additional drawings, plans, maps, reports, and/or materials required by the Building Division. 25. Staff shall not approve downgrading to the exterior appearance of the approved residence. Downgrades may include, but are not limited to, garage doors, architectural detailing, stonework, columns, shutters, driveway materials, or similar items. Any exterior changes to approved plans resulting in a downgrade shall require filing an additional application and fees for review by the Planning Commission as a modification to approved plans. Any other exterior changes to the approved plans, which are not deemed a downgrade by staff, shall require approval in compliance with condition A.3 above. 26. Project shall comply with the State of California “Water Efficient Landscape Ordinance” pursuant to State Law AB 1881. C. PUBLIC WORKS 27. Geotechnical Clearance. a. The applicant’s geotechnical consultant shall review and approve all geotechnical aspects of the project grading and construction plans (i.e., site preparation and grading, site drainage improvements, and design parameters for foundations) to ensure that their recommendations have been properly incorporated. Geotechnical design aspects of sump pump and roof downspout discharge shall be evaluated. The results of the plan review shall be summarized by the geotechnical consultant in a letter and submitted to the City Engineer for review along with other documents for building permit plan-check. b. The geotechnical consultant shall inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspections shall include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, observation of foundation excavations prior to placement of steel and concrete, and testing of engineered fill placement. The consultant shall perform a final inspection of completed project drainage improvements around the residence and property. The results of these inspections and the as-built conditions of the project shall be described by the geotechnical consultant in a letter and submitted to the City Engineer for review prior to final (as-built) project approval. c. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical Consultant’s review of the project prior to Zone Clearance. d. The owner (applicant) shall enter into agreement holding the City of Saratoga harmless from any claims or liabilities caused by or arising out of soil or slope instability, slides, slope failure or other soil related and/or erosion related conditions. D. CITY ARBORIST 28. All recommendations contained in the City Arborist Reports dated February 7, 2011 shall be followed. 29. Tree protective measures, as specified by the City Arborist, shall be installed and inspected by Staff prior to issuance of City Permits. 30. Prior to issuance of City Permits, the applicant shall submit to the City, in a form acceptable to the Community Development Director, security equivalent to $38,310 to guarantee the maintenance and preservation of trees. Page 9 of 10 31. The City Arborist shall inspect the site to verify compliance with tree protective measures. The bond shall be released after the planting of required replacement trees, a favorable site inspection by the City Arborist, and payment of any outstanding Arborist fees. E. FIRE SAFETY OR FIRE AGENCY REQUIREMENTS 32. Fire Agency Conditions. Applicant shall comply with all Fire Agency conditions as specified in Exhibit “C” attached. CITY ATTORNEY 33. 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 in any State or Federal Court, challenging the City’s action with respect to the applicant’s project. NOW, THEREFORE, the City Council of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the testimony received, site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, the appeal is denied and application number PDR10-0015 for Design Review Approval is hereby granted subject to the following conditions: Section 2. Construction must commence within thirty-six (36) months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. PASSED AND ADOPTED by the City of Saratoga City Council, State of California, on the 4th day of May 2011 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Howard A. Miller Mayor ATTEST: ____________________________________ Ann Sullivan City Clerk Page 10 of 10 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. __________________________________ _________________________ Property Owner or Authorized Agent Date