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HomeMy WebLinkAboutCity Council Resolution 15-044 -Adoping Negative declaration on 19550 Prospect RoadRESOLUTION NO. 15-044 A RESOLUTION OF THE CITY OF SARATOGA CITY COUNCIL ADOPTING THE NEGATIVE DECLARATION AND DESIGN REVIEW (PDR13-0030), LOCATED AT 19550 PROSPECT ROAD (386-35-069) FOR CHURCH OF THE ASCENSION WHEREAS, an application was submitted by Church of the Ascension Paris, for a Zoning Amendment and Design Review approval, to add a Planned -Combined Zoning District (P -C) to a 7.53 acre parcel (APN 386-35-069) and a design review application to construct a 3,775 square feet single story priest residence or rectory at the Church of the Ascension Parish located at 19550 Prospect Road. The rectory would have the architectural style of a one-story single-family residence and located in an existing lawn area at the corner of Miller Avenue and Ascension Way. The zoning of the site is single-family residential (R-1-10,000). The floor area, building height, and site coverage of the existing and proposed church buildings exceed the development standards of the residential zoning district. Since the site does not comply with standards of the existing zoning, the placement of the Planned -Combined (P -C) Overlay District onto the existing residential zoning district would modify the standards of development of the underlying zoning district from R-1-10,000 to P -C / R-1-10,000 to recognize the existing use of the site and the previously approved master plan. By allowing the P -C district, the City will further their objectives of providing a public benefit, such as exceeding the City's providing community facilities open to the public and providing a below market rate housing unit. The foregoing work is described as the "Project" in this Resolution; and WHEREAS, on June 10, 2015, 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. The approval is not in effect until the P -C Overlay District ordinance is in effect. WHEREAS, on July 1, 2015, 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 finds, 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 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 Negative Declaration (MND) were duly noticed and circulated for a 20 -day public review period from May 22, 2015 — June 9, 2015. 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 June 10, 2015 and on July 1, 2015 the City Council held a public hearing. 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. Such features include height, elevations, roofmg materials, color, 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 roofmg materials shall blend with the natural landscape and be non -reflective, 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 City of Saratoga City Council hereby adopts the Mitigated Negative Declaration ENV 13-0005 and approves application PDR13-0030 for the project located at 19550 Prospect Road, subject to the Conditions of Approval attached hereto as Exhibit 1. Said approval shall take effect upon the effective date of the ordinance adopting the P -C District. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the lst day of July 2015, by the following vote: AYES: Mayor Howard A. Miller, Vice Mayor Manny Cappello, Council Member Emily Lo, Mary -Lynne Bernald, Rishi Kumar NOES: ABSENT: ABSTAIN: oward A. Miller, Mayor ATTEST: �® DATE: `71 Igo! ZvIS Cry. 1 Bothelio, City Clerk Exhibit 1 CONDITIONS OF APPROVAL ENV13-0005, ZOA13-0013, PDR13-0030 19550 PROSPECT ROAD 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 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. Below Market Rate Deed Restriction: The use of the rectory is to be limited to providing affordable below market rate housing for parish priests. A deed restriction requiring the rectory's provision as a BMR unit in the very low income category for a period not to exceed 55 years is to be recorded with the Santa Clara County Recorder's Office prior to issuance of a Building Permit. 8. 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. This signed and dated Resolution printed onto separate construction plan pages; d. All additional drawings, plans, maps, reports, and/or materials required by the Building Division. 9. Lighting. Exterior lighting shall be shielded so as not to shine on adjacent properties or public right-of-way. 10. 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.