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HomeMy WebLinkAboutItem #6-ResolutionRESOLUTION NO: XX -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA GRANTING AN APPEAL AS TO VARIANCES (VAR11-0001) AND DESIGN REVIEW APPROVAL (PDR11-0003), FOR A NEW TWO STORY SINGLE-FAMILY RESIDENCE LOCATED AT 21794 HEBER WAY (APN 503-31-067) WHEREAS, on. February 3, 2011, an application was submitted by Eric Keng and Steve Sheng ("applicant") requesting Design Review and Variance approvals to construct a new two story home located at 21794 Heber Way. The project has a total floor area of 4,989 square feet. The height of the proposed residence is approximately 25 feet. Variance approvals would be required for this project to be approved because the project includes a 99 foot front setback (131 foot setback required), a 22 foot side setback along the southeast property line (45 foot setback required), and a 35 foot side setback along the eastern property line (45 foot setback required). The site is located within the Hillside Residential Zoning District (APN 503-31-067). The foregoing work is described as the "Project" in this Resolution. WHEREAS, the Community Development Department completed a preliminary review for the project in accordance with the California Environmental Quality Act (CEQA), and recommends that the City Council determine this project exempt from CEQA pursuant to CEQA Guidelines - 14 C.C.R. Section 15303- "New Construction or Conversion of Small Structures." WHEREAS, on September 24, 2014, the Planning Commission opened the public hearing agenda and continued the project at the request of the applicant to the meeting of October 22, 2014. WHEREAS, on October 22, 2014 and May 27, 2015, the Planning Commission held a duly noticed public hearing on the subject application, and considered evidence presented by City Staff, the applicant, and other interested parties, and denied the application for the Project; and WHEREAS, on June 8, 2015, an appeal to the City Council was filed by Steve Sheng ("appellant"); and WHEREAS, on September 2, 2015, the City Council held a duly noticed public hearing on the subject appeal, and considered the proposed project and the evidence presented by City Staff, the appellant, the applicant, and other interested parties. NOW THEREFORE, after careful consideration of the APPEAL, application, site plan, architectural drawings, plans, CEQA documentation, and other materials, exhibits and evidence submitted to the City in connection with this matter, the Decision of the City Council is as follows: (a) the exemption from CEQA is approved; (b) the required FINDINGS FOR THE VARIANCES REQUESTED (VAR11-0001) ARE MADE AND THE APPEAL IS GRAN 1'ED AS TO THE VARIANCES APPLIED FOR; and Resolution No. XX -XXX (c) The height of the structure, its location on the site, and its architectural elements are designed to avoid unreasonable impacts to the privacy of adjoining properties and to community viewsheds. This finding can be made in the affirmative in that the residence is significantly pushed back from the edge of the street. Privacy has been mitigated by the applicant relocating the second floor terrace away from the side facing the immediate neighbor, by altering the location of the high traffic areas on the first floor away, and having five foot sills for all windows on the second floor facing the eastern property line. Furthermore, additional measures to address privacy are a row of 31 new photinia that have been proposed for planting adjacent to the eastern property line. (d) The overall mass and the height of the structure, and its architectural elements are in scale with the structure itself and with the neighborhood. This fording can be made in the affirmative in that the proposed residence has been built into the hillside thereby reducing the bulk of the structure and integrating it into the natural environment. The varying, cascading rooflines and stone veneer break up the appearance of the front facade while adding character and interest to the structure. The proposed size is consistent with nearby structures thereby increasing compatibility with the neighborhood. (e) The landscape design minimizes hardscape in the front setback area and contains elements that are complementary to the neighborhood streetscape. This fording can be made in the affirmative in that the landscaping plan proposes a driveway in the front, surrounded by native trees, such as manzanita, California Live oak, and California bay trees. The applicant has also proposed to plant new photinia along the eastern property line to soften the elevation and provide a landscape buffer for the adjacent neighbor as well as perennial beds to soften the views from the end of the cul-de-sac. (1) Development of the site does not unreasonably impair the ability of adjoining properties to utilize solar energy. This finding can be made in the affirmative in that the project's proposed height and setback from the nearest adjacent structure (+/- 80 feet) would not unreasonably impair the adjoining property from utilizing solar energy. (g) The design of the structure and the site development plan is consistent with the Residential Design Handbook, pursuant to Section 15-45.055. This finding can be made in the affirmative in that the project utilizes design techniques and incorporates simple lines, appropriate setbacks, and a material selection which includes a natural color exterior that would complement the streetscape and neighborhood. The applicant has incorporated front and side wall plans that are in scale with adjacent residences and incorporated cascading, hip roof forms to minimize large expanses of roof seen from the street. Lastly, the project has setback the second story in proportion to the size of the lot and proximity to neighbors. Resolution No. XX -XXX (h) On hillside lots, the location and the design of the structure avoid unreasonable impacts to ridgelines, significant hillside features, community viewsheds, and is in compliance with Section 15-13.100. This finding can be made in the affirmative in that the project is not located on a ridgeline, significant hillside feature, nor community viewshed. PASSED AND ADOPTED by the City Council of the City of Saratoga on this 2°d day of September 2015 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Howard Miller, Mayor Attest: Crystal Bothelio, City Clerk Resolution No. XX -XXX CONDITIONS OF APPROVAL PDR11-0003 AND VAR11-0001 21794 HEBER WAY (APN 503-31-067) 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, grading for this project shall be issued until proof is filed with the city that a certificate of approval documenting all applicable permanent of 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. 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. 4. The City shall mail to the Owner and Applicant a notice in writing, on or 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 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 and Variance 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. Resolution No. XX -XXX 8. 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. 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 received May 19, 2015 denominated Exhibit "A" except that the stone veneer shall be wrapped around the front elevation of the project. 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. 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 fmal 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 13. Front yard landscaping and privacy screening. Front yard landscaping and privacy screening protecting adjacent properties viewsheds shall be installed prior to fmal inspection and planting of privacy elements shall occur as soon as reasonably practicable during project construction. Resolution No. XX -XXX 14. Protective Tree Fencing. The applicant shall be required to construct tree protective fencing along the eastern property line adjacent to 21790 Heber Way, in order to protect the existing 18 California Pepper and Australian Willow trees, prior to obtaining a building permit. 15. Landscape installation and replacement for screening or ornamentation. The landscaped area required as a condition of this Design Review Approval shall be planted with materials suitable for screening or ornamenting the site, whichever is appropriate, and plant materials shall be replaced as needed to screen or ornament the site. 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 Department; 17. Plumbing. All plumbing fixtures or irrigation systems shall be water conserving and otherwise comply with City Code Section 16-75.030. 18 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. 19. 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. 20. 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. 21. 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 Resolution No. XX -XXX 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, drainageways, streets or road right -of- ways and otherwise comply with the NPDES Permit Standards and applicable City Codes. 22. 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. 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; c. This signed and dated Resolution printed onto separate construction plan pages; d. 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; e. All additional drawings, plans, maps, reports, and/or materials required by the Building Division. C. PUBLIC WORKS 23. Broken Gutter and Curb — Applicant (owner) shall replace any and all broken section of concrete curb and gutter along the property frontage per City standard specifications prior to final occupancy approval. 24. Encroachment Permit — Applicant (owner) shall obtain an encroachment permit for any and all improvements in any City right-of-way or City easement including curb and gutter replacement prior to commencement of the work to implement this Design Review. D. CITY GEOLOGIST 25. 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 consultant shall either review geotechnical aspects of supporting structural calculations to verify that appropriate CBC 2010 seismic design parameters have been utilized or prepare updated seismic design parameters. The consultant shall verify that the proposed project design is consistent with recommendations of all referenced AESC documents. The plan review shall be prepared and signed by the Project Geotechnical Engineer and Engineering Geologist. Results of the Geotechnical Plan Review should be submitted to the Resolution No. XX -XXX City for review by the City Engineer prior to issuance of building permits. The following items should be performed prior to final (as -built) project approval. 26. The Project Geotechnical Engineer 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 retaining walls prior to the placement of steel and concrete. The consultant shall inspect final installed site drainage improvements for conformance with geotechnical recommendations. The results of these inspections and the as -built conditions of the project shall be described by the Project Geotechnical Engineer in a letter and submitted to the City Engineer for review prior to final (as -built) project approval. 27. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical Con§ultant's review of the project prior to Zone Clearance. 28. 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. 707070.1