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HomeMy WebLinkAboutCity Council Resolution 16-008 - Denying Appeal - 14768 Montalvo RdResolution No. 16-008 EXHIBIT 1 CONDITIONS OF APPROVAL PDR15-0023 14768 MONTALVO RD (APN 517-20-041) 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 permit 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 satisfaction of the Community Development Director. 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. 2. 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 City certifies that all processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). 3. 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. 4. 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. Resolution No. 16-008 In addition, prior to any Zoning Clearance, 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. 5. Construction must be commenced within 36 months from the date of this approval (December 9, 2018), or the resolution will expire. 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 November 23, 2015 denominated Exhibit “A” with revised plans for the rear balcony dated December 7, 2015 or as may be mutually agreed upon by the Applicant and the Community Development Director. 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 3, 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 Resolution printed onto separate construction plan pages; d. A final utility plan that shows location of HVAC mechanical equipment outside of required setback areas; e. A final Drainage and Grading Plan stamped by a registered Civil Engineer combined with the above-required Stormwater Detention Plan; f. A final Landscape and Irrigation Plan; and g. 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. Setback Verification Letter. Prior to foundation inspection by the City, the Licensed Land Surveyor of record shall provide a written certification that all building setbacks are per the approved plans. Resolution No. 16-008 11. Final Landscaping and Irrigation Plan. The final landscaping and irrigation plan shall take into account the following: a. To the extent feasible, landscaping shall be designed and operated to treat storm water runoff by incorporating elements that collect, detain and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolong exposure to water shall be specified. b. To the extent feasible, pest resistant landscaping plants shall be used throughout the landscaped area, especially along any hardscape area. c. Plant materials selected shall be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment. d. Pest resistant landscaping plants shall be considered for use throughout the landscaped area, especially along any hardscape area. e. Any proposed or required under grounding of utilities shall take into account potential damage to roots of protected trees. f. Sufficient documentation to show how the project complies with applicable Water Efficient Landscape Ordinance (WELO) requirements including the payment of deposit fees for the review of submitted plans and water budget/usage calculations. 12. Fire Department Requirements. Owner/applicant shall comply with all Fire Department requirements. 13. Noise and Construction Hours. In order to comply with standards that minimize impacts to the neighborhood during site preparation and construction, the applicant shall comply with City Code Sections 7-30.060 and 16-75.050, with respect to noise, construction hours, maintenance of the construction site and other requirements stated in these sections. 14. Landscaping. Landscaping shall be installed prior to final inspection or a bond satisfactory to the Community Development Department valued at 150% of the estimated cost of the installation of such landscaping shall be provided to the City. 15. Construction Management Plan. The applicant shall submit a construction management plan prior to obtaining a building permit. The plan shall address work hours and schedule, equipment/material staging and parking, estimated vehicular traffic, contaminated soil management, dust control measures, noise mitigation, and general health and safety. 16. House Color. The exterior house color shall be changed from white to a creamier less reflective color. Color samples shall be submitted to the Community Development Department for approval prior to issuance of the building permit. 17. Second Dwelling Unit Deed Restriction (Permanent Condition). Prior to issuance of a building permit, the property owner shall record a City prepared second dwelling unit deed restriction, at the property owner’s expense, so if rented, the unit shall only be rented to below market rate households. Resolution No. 16-008 CITY ARBORIST 18. Arborist Report (ARB15-0063). All recommendations of the Arborist Report dated October 6, 2015 and all other future updated reports, and incorporated herein by this reference shall be followed and incorporated (in its entirety) into the plans. 19. Privacy Tree Planting. One evergreen tree shall be planted along the southern property line to further block the view from the balcony and neighbor. Specie, size and location of tree shall be approved by the City Arborist prior to issuance of a building permit. The tree shall be planted prior to final occupancy. PUBLIC WORKS 20. Fees. The owner (applicant) shall pay all applicable fees prior to Zone Clearance. 21. Encroachment Permit. Applicant (owner) shall obtain an encroachment permit for any and all improvements in any City right-of-way or City easement prior to commencement of the work to implement this Design Review.