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HomeMy WebLinkAboutCity Council Resolution 15-059 -approve design review at 13716 & 13718 SaratogaRESOLUTION NO. 15-059 A RESOLUTION OF THE CITY OF SARATOGA CITY COUNCIL ADOPTING A NEGATIVE DECLARATION (ENV15-0003), AND APPROVING A DESIGN REVIEW APPLICATION (PDR15-0008), LOCATED AT 13716 & 13718 SARATOGA AVENUE WHEREAS, an application was submitted by Sacred Heart Parish, for a Zoning Amendment and Design Review approval, to add a Planned -Combined Zoning District (P -C) to a 11.4 acre parcel (APN 397-30-047) and a design review application for an interior remodel and 2,425 square foot single story addition to the Parish Center. The addition to the Parish Center will include an enlarged reception area, conference rooms, and storage areas with exterior access. The interior of the second floor will be completely remodeled with new offices and meeting areas and the height of the roof will be increased from 23.7 feet to 26 feet. New second story windows will be installed on the south elevation and existing second story windows on the western elevation will be relocated. An existing kindergarten classroom within the school building will be relocated to a new area that is currently used as an office. No exterior modifications to the school building are proposed. All new exterior materials and colors will match the existing building which includes tan colored stucco and composition shingle roofing. The zoning of the site is single-family residential (R-1-10,000). The floor area, building height, and site coverage of the existing church and school buildings exceed the development standards of the residential zoning district. Since the site does not comply, 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. 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, the project is located on the portion of Saratoga Avenue designated as a Heritage Lane and therefore requires review by the Heritage Preservation Commission. On July 14, 2015, the Heritage Preservation Commission reviewed the project and recommended approval. WHEREAS, on August 26, 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. WHEREAS, on September 16, 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 July 17, 2015 — August 6, 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 August 26, 2015. 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, roofing 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 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: City of Saratoga City Council hereby adopts the Mitigated Negative Declaration ENV15-0003 and approves application PDR15-0008 for the project located at 13716 & 13718 Saratoga 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 on the subject property. PASSED AND ADOPTED by the City of Saratoga City Council on this 16th day of September 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: Iloward A. Miller, Mayor AT Debbie Bretschneider, Acting City Clerk CONDITIONS OF APPROVAL A. GENERAL DATE: ?/a3/ a-0 Exhibit 1 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. 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. 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. Expiration of Design Review. Per City Code Section 15-46.050, Design Review approval shall expire 24 months from the date on which the Design Review approval became effective.