HomeMy WebLinkAboutCity Council Resolution 14-065 denying the appeal - 14521 & 14523 Big Basin Way RESOLUTION NO. 14-065
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
DENYING AN APPEAL,ADOPTING A NEGATIVE DECLARATION,
AND APPROVING A DESIGN REVIEW(PDR14-0003)
AND CONDITIONAL USE PERMIT(CUP14-0001)FOR A MIXED-USE PROJECT
LOCATED AT 14521 AND 14523 BIG BASIN WAY(APN 503-247-020,027)
WHEREAS, on February 26,2014, an application was submitted by Scott Design
Associates and Mitchell and Tracey Cutler requesting adoption of Negative Declaration, and
approval of Design Review, and a Conditional Use Permit for two commercial lots located at 14521
and 14523 Big Basin Way. The project includes the remodel of an existing structure (14521 Big
Basin Way) and an existing restaurant (14523 Big Basin Way). 14521 Big Basin Way will be
rehabilitated and remodeled for a wine bar / restaurant use. One residential apartment will be
attached and constructed at the rear of the building. 14523 Big Basin Way will be remodeled to
include an office space,restaurant, and two apartment units. An additional story will be constructed
on top of 14523 Big Basin Way in order to accommodate one of the apartment units. The foregoing
work is collectively described as the"Project"in this Resolution; and
WHEREAS, on September 24, 2014, the Planning Commission held a duly noticed public
hearing on the subject application, considered the proposed Negative Declaration and the evidence
presented by City Staff, the applicant, and other interested parties, and approved the application for
the Project(PDR14-0003 and CUP14-0001);and
WHEREAS, on October 8, 2014, an appeal to the City Council was filed by Kwan M.
Lee/The Inn at Saratoga, Inc. (collectively"appellant"); and
WHEREAS, on November 5, 2014,the City Council held a duly noticed public hearing on
the subject appeal, and considered the proposed Negative Declaration and the evidence presented by
City Staff,the appellant,the applicant, and other interested parties.
NOW THEREFORE,the City Council of the City of Saratoga hereby denies the appeal of
Kwan M. Lee/Inn at Saratoga, Inc., affirms the decision of the City Planning Commission made on
September 24, 2014, and further finds, determines and resolves as follows:
Section 1: The recitals set forth above are true and correct and incorporated herein by
reference. The documents constituting the record of proceedings upon which this decision is based
are located in the City of Saratoga Department of Community Development and are maintained by
the Director of that Department.
Section 2: The Community Development Department completed an Initial Study (IS) and
Negative Declaration (ND) 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 IS and the notice of intent to adopt the ND were duly noticed and circulated for a
20-day public review period from September 3, 2014 through September 23, 2014. All Interested
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- Parties desiring to comment on the ND 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 September 24, 2014. No comments were received on
the adequacy of the ND. After careful consideration of the matter, the City Council hereby finds
that:
(a) The IS and ND represent the City's independent judgment and analysis;and
(b) After review of the whole record there is no credible, substantial evidence that the Project
may have a significant effect on the environment as to any issue raised.
Section 3: The Project is consistent with the Saratoga General Plan, including but not
limited to Land Use Element Goal LU 2 providing that the City shall encourage the economic
viability of Saratoga's existing commercial and office areas and their accessibility by residents,
taking into account the impact on surrounding residential areas.
Section 4: The Project is consistent with the Saratoga City Code in that all required Design
Review findings can be made, including but not limited to the following: (1) the project will
incorporate architectural features and landscaping that are harmonious to the existing commercial
neighborhood; (2) the landscaping shall integrate water-conserving plants, materials and irrigation
systems to the maximum extent feasible; (3) the project will incorporate colors of wall and roofing
materials to blend with the natural landscape and be non-reflective; and (4) 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 all required
Conditional Use Permit findings can be made, including but not limited to the following: (1) the
project location of the conditional use is in accord with the objectives of the Zoning Ordinance and
the purposes of the district in which the site is located; (2) the proposed location of the conditional
use and the conditions under which it would be operated or maintained will not be detrimental to the
public health, safety or welfare,or materially injurious to properties or improvements in the vicinity;
(3)the proposed conditional use will comply with each of the applicable provisions of Chapter 15 of
the Saratoga City Code; and (4) the proposed conditional use will not adversely affect existing or
anticipated uses in the immediate neighborhood, and will not adversely affect surrounding
properties or the occupants thereof.
Section 6: The Project is consistent with the goals and regulations of the Saratoga Village
Specific Plan, including but not limited to locating residential units either above the ground level or
at the ground level when separated from Big Basin Way by a commercial space.
Section 7: The City Council of the City of Saratoga hereby approves applications PDR14-
0003 and CUP14-0001 for the Project located at 14521 and 14523 Big Basin Way, subject to the
Conditions of Approval attached hereto as Exhibit 1.
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PASSED AND ADOPTED by the City Council of the City of Saratoga on this 5t" day of November
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
ABSTAIN: None
Emily Lo, Mayor
ATTEST:
-OAIYMI p{'G ( DATE: ( I 17c)
Cry t 1 Bothelio,City Clerk
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Exhibit 1
J
CONDITIONS OF APPROVAL
PDR14-0003 & CUP14-0001
14521/14523 BIG BASIN WAY(APNs 503-247-020,027)
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 satisfactory 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
j 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
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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 September 15, 2014
denominated Exhibit "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 April 24, 2014, and all other future updated reports, shall be
included on a separate construction plan page;
d. This signed and dated Resolution shall be printed onto separate construction plan pages;
e. All additional drawings, plans, maps, reports, and/or materials shall be included as 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. Hours of Operation. Any proposed restaurant located at 14521 Big Basin Way shall be
allowed to operate no earlier than 6:00 A.M. and no later than 12:00 A.M.
11. Noise Levels. All noise levels will comply with City Code Section 7-30.040 regarding noise
standards and City Code Section 7-30.060 regarding exceptions to special activities.
12. Restaurant Uses. The restaurant uses located at 14521 Big Basin Way shall at all times operate
in compliance with all regulations of the City and/or other agencies having jurisdictional
authority over the use pertaining to, but not limited to, health, sanitation, safety, and water
quality issues.
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13. Business Licenses. The applicant shall apply for and obtain approval of a Business License
from the City of Saratoga prior to issuance of building permit(s) for tenant improvement(s) for
each business to be operated.
14. Construction Parking. All construction employees of the approved use must utilize the
southwest corner of Parking District#1 or another public parking structure in order to meet their
parking needs. Parking in parking spaces adjacent to the Project is not allowed by construction
employees and Applicant shall take all necessary steps to assure compliance with this
requirement.
PUBLIC WORKS
15. Owner and Applicant shall replace concrete sidewalk along Big Basin Way frontage of both
properties. An encroachment permit for any and all improvements in the City right-of-way or
City easement shall be obtained prior to commencement of the work in the right-of-way. The
extent of the sidewalk replacement can be adjusted by the City Engineer during the
Encroachment Permit issuance.
16. Owner and Applicant shall obtain an encroachment permit from Caltrans for any and all
improvements in Big Basin Way prior to commencement of the work in the roadway.
17. Owner and Applicant shall provide the Director of Public Works with a plan describing how
owner/applicant will implement all BMPs and other measures required to reduce the stormwater
runoff impacts of the project, as described in and required by the City's NPDES Municipal
Regional Stormwater Permit, Order R2-2009-0074. The measures included in this plan shall
include, but are not limited to, construction site control measures, plans for storm drain
stenciling, and landscaping measures. This plan is subject to approval by the Director of Public
Works prior to any implementation of any portion of the plan. Prior to fmal map approval, the
owner/applicant shall implement the plan, including paying City any fees for reviewing the plan,
inspection and reporting.
D. CITY GEOLOGIST
19. The Applicant's geotechnical consultant shall review and approve all geotechnical aspects of the
development plans (i.e., site preparation and grading, site drainage improvements and design
parameters for foundations, and retaining walls)to ensure that their recommendations have been
properly incorporated. The results of the plan review shall be summarized by the geotechnical
consultant in a letter and submitted to the City Engineer for review and approval prior to
issuance of building permits.
20. 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, and excavations
for foundations and retaining walls prior to the placement of steel and concrete. The results of
these inspections and the as-built conditions of the project shall be described by the geotechnical
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consultant in a letter and submitted to the City Engineer and subject to his/her review and
approval prior to final granting of occupancy approval for any portion of the Project.
21. Owner and Applicant shall pay any outstanding fees associated with the City Geotechnical
Consultant's review of the project prior to Zoning Clearance,Demolition or Grading.
22. Owner and Applicant shall enter into an 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.
E. ADDITIONAL CONDITION ESTABLISHED PER 9/24/14 PLANNING COMMISSION
MEETING
23. The outdoor stairwell between 14521 & 14523 Big Basin Way remain free and clear, without
obstruction, for pedestrian access between Big Basin Way and the City Parking Lot within
Parking District#1. THIS CONDITION IS PERMANENT
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