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HomeMy WebLinkAboutCity Council Resolution 14-056 - Adopting Mitigated Neg Dec and Design Review PDR13-0028, Located at 19700 Prospect Road 286-35-070 for Congregation Beth David RESOLUTION N0. 14-056 A RESOLUTION OF THE CITY OF SARATOGA CITY COUNCIL ADOPTING THE MITIGATED NEGATIVE DECLARATION AND DESIGN REVIEW (PDR13-0028),LOCATED AT 19700 PROSPECT ROAD(386-35-070)FOR CONGREGATION BETH DAVID WHEREAS, an application was submitted by Joel Karr, representing Congregation Beth David, for a Zoning Amendment and Design Review approval, to allow the expansion of its Synagogue by 6,577 sq. ft., for a total square foota.ge of approxirriately 28,748 sq. ft. and to increase the height of the existing structure from 30 feet to 41 feet to accommodate the proposed central rotunda, which would be constructed of steel and glass shaped into a cylinder structure with the symbol of the "Star of David" capping the top of the cylinder. The foregoing work is described as the"Project"in this Resolution; and WHEREAS,on July 23, 2014,the Planning Commission held a duly noticed public hearing and recommended approval by the City Council on the subject application, and considered evidence presented by City Staff,the applicant,and other interested parties. WHEREAS, on August 20, 2014, the City Council held a duly noticed public hearing and recommended approval by the City Council on the subject application, and considered evidence presented by City Staff,the applicant, and other interested parties. NOW THEREFORE, the City Council of the City of Saratoga hereby fmds, determines and resolves as follows: Section 1: The recitals set forth above are true and correct and incorporated herein by reference. Section 2: The Community Development Department completed an Initial Study and Mitigated Negative Declaration for the project pursuant to the requirements of the California Environmental Quality Act (CEQA, Public Resources Code sections 21000-21177), CEQA Guidelines (14 California Code of Regulations sections 15000-15387), and any other applicable requirements. The intent to adopt the Mitigated Negative Declaration (MND) were duly noticed and circulated for a 20-day public review period from July 2, 2014 —July 22, 2014. All Interested Parties desiring to comment on the MND were given.the opportunity to submit written and oral comments on the adequacy of the MND up to and including the close of the Public Hearing on Project before the Planning Commission on July 23, 2014. Section 3: The project is consistent with the Saratoga General Plan Policies LU 4 in that the City shall continue to provide sufficient land area for public, quasi-public and similar land uses in Saratoga. Section 4: The project is consistent with the Saratoga City Code Section 15-46.040 in that where more than one building or structure will be constructed, the architectural features and landscaping thereof shall be harmonious, and where more than one sign will be erected or displayed on the site, the signs shall have a common or compatible design and locational positions and shall be harmonious in appearance. Such features include height, elevations, roofs, material, color and appurtenances, and 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, and that colors of wall and roofing materials shall blend with the natural landscape and be nonreflective, and the roofing materials shall be wood shingles, wood shakes, tile, or other materials such as composition as ' approved by the Planning Commission, and that no mechanical equipment shall be located upon a roof unless it is appropriately screened, and that the proposed development shall be compatible in terms of height,bulk and design with other structures in the immediate area. , Section 5: The project is consistent with the Saratoga City Code in that the removal of six protected trees meets the criteria established in Section 15-50.080(a). ; Section 6: The City of Saratoga City Council adopts the Mitigated Negative Declaration ENV 13-0004 and approves application PDR13-0028 for the project located at 19700 Prospect Road, subject to the Conditions of Approval attached hereto as Exhibit A. PASSED AND ADOPTED by the City of Saxatoga City Council on this 20th day of August 2014 by the following vote: AYES: Mayor Emily Lo, Vice Mayor Howard Miller,Council Member Manny Cappello, Chuck Page,Jill Hunter NOES: None ABSENT: None i ABSTAIN: None -�-�._� - . Emily Lo,Mayor ATTEST: Vi,'H� K��ul 1.'I��.�� DATE: ��td/�u l� C � s 1 Bothelio, City Clerk � � � � ; � Ea�hibit 1 CONDITIONS OF APPROVAL ENV13-0004,PDR13-0028 19700 PROSPECT ROAD (386-35-070) 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 demolition, or grading 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 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 its equivalent. 3. The Owner and Applicant will be mailed a statement, after the time the Resolution granting this approval is duly executed, 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 processing fees have been paid in full(and,for deposit accounts, a surplus balance of$500 is maintained). 4. 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. 5. 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 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 City Attorney. COMMUNITY DEVELOPMENT 6. Compliance with Plans. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans dated June 19, 2014 denominated E�ibit "A". 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 No. 4,above. 7. 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 City 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. 6 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 of any Ordinance-protected tree on the site; c. City Arborist Reports dated July 7, 2014, and all other future updated reports onto separate construction plan pages; d. This signed and dated Resolution printed onto separate construction plan pages; e. All additional drawings, plans, maps, reports, and/or materials required by the Building Division. 8. Lighting. Exterior lighting shall be shielded so as not to shine on adjacent properties or public right-of-way. 9. 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. 10. Stormwater Mitigation. The project sponsor shall prepare a Storm Water Pollution Prevention Plan (SWPPP) designed to reduce potential impacts to surface water quality through the construction of the proposed project. It is not required that the SWPPP be submitted to the Regional Water Quality Control Board (Water Board), but it must be maintained on-site and made available to Water Board or City staff upon request. The SWPPP shall include specific and detailed Best Management Practices (BMPs) designed to mitigate construction-related pollutants. At a minimum, BMPs shall include practices to minunize the contact of construction materials, equipment, and maintenance supplies (e.g., fuels, lubricants, paints, solvents, and adhesives) with storm water. Ingress and egress from construction sites shall be carefully controlled to minimize off-site tracking of sediment. Vehicle and equipment wash-down facilities shall be designed to be accessible and functional during both dry and wet conditions. The SWPPP shall specify a monitoring program to be implemented by the construction site supervisor, and shall include both dry and wet weather inspections. 11. Parking Agreement. Prior to obtaining zoning clearance, the applicant shall provide a shared parking agreement between Congregation Beth David and Church of the Ascension, and provide sufficient documentation demonstrating the agreement, to the satisfaction of the Community Development Department. 12. Effective Date. The effective date of the design review approval shall be the same as the effective date of the ordinance implementing the Planned-Combined District on this property.