Loading...
HomeMy WebLinkAboutCity Council Resolution 16-067 Resolution Denying Appeal - 14011 June Way signedRESOLUTION NO. 16-067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENYING AN APPEAL, AND APPROVING DESIGN REVIEW NO. PDR16-0014 FOR THE CONSTRUCTION OF A NEW TWO-STORY RESIDENCE AT 14011 JUNE WAY (APN: 397-25-068) WHEREAS, on July 20, 2016, an application was submitted by Sandeep Bharathi and Sindhu Subramanyam to construct a new 26 foot tall, 3,539 square foot two-story residence located at 14011 June Way. Design Review approval is required because the proposed main residence is a new two- story structure over eighteen feet in height. The foregoing work is described in more detail in the application and referred to as the "Project" in this Resolution. WHEREAS, the Community Development Department completed an environmental assessment for the project in accordance with the California Environmental Quality Act (CEQA), and recommends that the City Council determine this project categorically exempt under CEQA Guidelines § 15303, as the Planning Commission did previously. WHEREAS, on August 24, 2016, 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 August 24, 2016, the Planning Commission continued the application to September 28, 2016. WHEREAS, on September 28, 2016, the Planning Commission continued the application to October 12, 2016. WHEREAS, on October 12, 2016, the Planning Commission reviewed the revised design, considered evidence presented by City Staff, the applicant, and other interested parties, and approved the Design Review application for the Project (PDR16-0014); and WHEREAS, the Planning Commission's approval action included additional Conditions of Approval; and WHEREAS, on October 25, 2016, an appeal to the City Council was filed by James and Teresa Nolan (collectively "appellant"); and WHEREAS, on December 7, 2016, the City Council held a duly noticed public hearing on the subject appeal, and considered the proposed categorical exemption under CEQA Guidelines § 15303, and the evidence presented by City Staff, the appellant, the applicant, and other interested parties; and WHEREAS, on December 7, the City Council reviewed the appeal, considered evidence presented by City Staff, the appellant, the applicant, and other interested parties, and denied the appeal; and WHEREAS, as a result of the public testimony the City Council developed additional Conditions of Approval for the proposed project. NOW THEREFORE, the City Council of the City of Saratoga hereby denies the appeal of the appellant, affirms the decision of the Planning Commission of the City of Saratoga made on October 12, 2016, approves the categorical exemption under CEQA, approves applicant's Design Review application, 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 project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 "New Construction or Conversion of Small Structures," (CEQA Guidelines). This exemption allows for the construction of up to three single-family residences and no exception to that exemption applies. Section 3: The project is consistent with the following Saratoga General Plan Policies: Land Use Goal 13 which provides that the City shall use the Design Review process to assure that the new construction and major additions thereto are compatible with the site and the adjacent surroundings; Safety Element Site and Drainage Policy 3 which provides that the City shall require that landscaping and site drainage plans be submitted and approved during Design Review for a residence prior to issuance of permits; and Conservation Element Policy 6.0 which provides that the City shall protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. Section 4: The project is consistent with the Saratoga City Code in that the design and improvements are consistent with the design review findings in that the project follows the natural contours of the site, minimizes grading, and is appropriate given the property's natural constraints; preserves protected trees; is designed to avoid unreasonable impacts to the privacy of adjoining properties and to community viewsheds; the mass and height of the structure and its architectural elements are in scale with the structure itself and with the neighborhood; landscaping minimizes hardscape in the front setback area and contains elements that are complementary to the neighborhood streetscape; does not unreasonably impair the ability of adjoining properties to utilize solar energy; and is consistent with the Residential Design Review Handbook. Section 5: The City Council of the City of Saratoga developed additional Conditions of Approval to address concerns raised during the public hearing. Section 6: The City Council of the City of Saratoga hereby approves PDR16-0014 located at 14011 June Way, subject to the Findings, and Conditions of Approval attached hereto as Exhibit 1. PASSED AND ADOPTED by the City Council of the City of Saratoga on this 7th day of December 2016 by the following vote: AYES: Mayor E. Manny Cappello, Vice Mayor Emily Lo, Council Member Mary -Lynne Bernald, Howard A. Miller, Rishi Kumar NOES: ABSENT: ABSTAIN: ATTEST: Crystal Bothelio, City Clerk y Cappello, Mayor DATE: �2/� 1'7�I`P Exhibit 1 CONDITIONS OF APPROVAL PDR16-0014 14011 JUNE WAY (APN 397-25-068) 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 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. 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 City Code 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. 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. COMMUNITY DEVELOPMENT 5. Site Drainage. The owner/applicant shall comply with all City requirements regarding drainage, including but not limited to complying with the city approved stormwater management plan. The project shall retain and/or detain any increase in design flow from the site, that is created by the proposed construction and grading project, such that adjacent down slope properties will not be negatively impacted by any increase in flow. Design must follow the current Santa Clara County Drainage Manual method criteria, as required by the building department. Retention/detention element design must follow the Drainage Manual guidelines, as required by the building department. 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" dated November 21, 2016. 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 City Code. 7. Lighting. Exterior lighting shall be shielded so as not to shine on adjacent properties or public right-of-way. 8. 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. 9. Construction Management Plan. Prior to Building Permit issuance the applicant shall prepare for review and approval by City staff a Construction Management Plan for the project which includes but is not limited to the following: a. Proposed construction worker parking area. b. Proposed construction hours that are consistent with City Code. c. Proposed construction/delivery vehicle staging or parking areas. d. Proposed traffic control plan with traffic control measures, any street closure, hours for delivery/earth moving or hauling, etc. To the extent possible, any deliveries, earth moving or hauling activities will be scheduled to avoid peak commute hours. e. Proposed construction material staging/storage areas. f. Location of project construction sign outlining permitted construction work hours, name of project contractor and the contact information for both homeowner and contractor. g. All construction workers shall be informed of the hours of construction. If the hours of construction are exceeded at any time, City Staff will issue a stop work order. h. A construction schedule shall be provided to staff and to the neighbors. i. The applicant shall submit a plan to the planning department for review and approval, noting the size of trucks and equipment to be used for construction. City Staff will issue a stop work order is this plan is exceeded. 10. Fences, Walls and Hedges. All fences, walls and hedges not in connection with the proposed fence .exception shall conform to height requirements providin City Comic e S do 15-29. 11. Final Landscaping and Irrigation Plan. The final landscaping and irrigation plan submitted for Building Permit approval shall demonstrate how the project complies with the State Water Efficient Landscape Ordinance and 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. Any proposed or required under grounding of utilities shall take into account potential damage to roots of protected trees. 12. 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. 13. Bedroom 2 Window. Prior to final planning department inspection, the applicant shall record a permanent condition of approval for the opaque glass window for Bedroom 2. This deed restriction shall be recorded at the County Recorder's Office. 14. Additional Trellis. The applicant shall add a horizontal trellis feature to soften the vertical mass of the West facade of the proposed project. This trellis should run the whole length of the wall. The revised plan shall be provided to staff for review and approval prior to the issuance of building permits. 15. Pergola. Prior to the final planning department inspection, the pergola shall be removed. 16. Height of Building. The applicant shall work with staff to reduce the height of the building by 1 to 2 feet, while maintaining the architectural integrity of the structure. The revised plan shall be provided to staff for review and approval prior to the issuance of building permits. 17. Construction Management Plan. The construction management plan outlined by the Community Development Director and the City Manager shall be implemented. ARBORIST 18. The applicant shall provide tree protection fencing for two protected trees. The applicant shall also submit a bond for $24,200 for the two protected trees. 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) to ensure that their recommendations have been properly incorporated. Results of the Geotechnical Plan Review should be submitted to the City for review by the City Engineer prior to issuance of building permits. The following items should be performed prior to fmal (as -built) project approval: 20. The Project 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 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 Project Geotechnical Engineer in a letter and submitted to the City Engineer for review prior to fmal (as - built) project approval. PUBLIC WORKS 21. The applicant 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. FIRE DEPARTMENT 22. Fire Department Requirements. Owner/applicant shall comply with all Fire Department requirements. 23. Review of this Developmental proposal is limited to acceptability of site access and water supply as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Department all applicable construction permits. 24. Fire Sprinklers Required: noted on page A0.0 of the plans An automatic residential fire sprinkler system shall be installed in one- and two-family dwellings as follows: In all new one - and two-family dwellings and in existing one- and two-family dwellings when additions are made that increase the building area to more than 3,600 square feet. Exception: A one-time addition to an existing building that does not total more than 1,000 square feet of building area. NOTE: The owner(s), occupant(s) and any contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if any modification or upgrade of the existing water service is required. A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fe to this department foriiewid approval prior to beginning their work. CRC Secy 13.2 as adopted and amended by SMC. 25. Water Supply Requirements: Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2010 CFC Sec. 903.3.5 and Health and Safety Code 13114.7. 26. Construction Site Fire Safety: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification SI -7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33 27. Address identification. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1 SUBMITTAL 28. 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. b. All additional drawings, plans, maps, reports, notes, and/or materials required by the Building Division. c. This signed and dated Resolution printed onto separate construction plan pages. d. 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. 29. Building Permits submittal will include plans that reflect window changes to the upstairs master --bathroom and second story child's windowthe relocated egress window, and the side yard bathroom windows consistent with the September 13, 2016 and the October 12, 2016 addendum. 30. Building Permits will reflect the landscape plans consistent with the October 12, 2016 addendum.