HomeMy WebLinkAboutCity Council Resolution 17-003 -approving design of Paramount Court, Lot 7RESOLUTION NO. 17-003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING DESIGN AND ARBORIST REVIEW NO. PDR15-0028 AND ARB16-0052
FOR THE CONSTRUCTION OF A NEW ONE-STORY RESIDENCE AT THE
TERMINUS OF PARAMOUNT COURT, LOT 7 (APN 503-82-006)
WHEREAS, an application was submitted by Mark Garcia to construct a new 26 foot tall,
6,032 square foot two-story residence on a vacant parcel located at the termmus of Paramount Court
(Lot 7) Design Review approval is required because the proposed residence was for a new two-story
structure over eighteen feet in height and exceeds 6,000 square feet in floor area The foregoing work
is descnbed in more detail in the application and referred to as the "Project" m this Resolution
WHEREAS, the Community Development Department completed an environmental
assessment for the project m accordance with the California Environmental Quality Act (CEQA), and
recommends that the City Council determine this project categorically exempt under CEQA
Guideline § 15303, as the Planning Commission did previously
WHEREAS, on November 15, 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, and approved the Design and Arbonst Review applications for the Project
(PDR15-0028 and ARB16-0052); and
WHEREAS, on November 23, 2016, an appeal to the City Council was filed by Raghav
Sharma ("appellant"), and
WHEREAS, on January 18, 2017, the City Council held a duly noticed public heanng on the
subject appeal, and considered the proposed categoncal exemption under CEQA Guideline § 15303,
and the evidence presented by City Staff, the appellant, the applicant, and other interested parties
NOW THEREFORE, the City Council of the City of Saratoga hereby modifies the decision
of the Planning Commission of the City of Saratoga made on November 15, 2016, approves the
categoncal 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 mcorporated herein by
reference. The documents constitutmg 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," of the Public Resources Code (CEQA) 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 pnor 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 appropnate given the property's natural constraints, preserves
protected trees; is designed to avoid unreasonable impacts to the pnvacy of adjoining properties and
to community viewsheds, the mass and height of the structure and its architectural elements are m
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 hereby approves PDR15-0028 and
ARB 16-0052 located at the terminus of Paramount Ct, Lot 7, subject to the Fmdmgs, and Conditions
of Approval attached hereto as Exhibit 1
PASSED AND ADOPTED by the City Council of the City of Saratoga on this 18th day of January
2017 by the following vote.
AYES• Mayor Emily Lo, Council Member E Manny Cappello, Howard A Miller, Rishi
Kumar
NOES
ABSENT- Vice Mayor Mary -Lynne Bernald
ABSTAIN.
EST
Q -
Cry Bothelio, City Clerk
Emily Lo, Mayor
DATE 2/21->pn
EXHIBIT 1
CONDITIONS OF APPROVAL
PDR15-0028 AND ARB16-0052
TERMINUS OF PARAMOUNT COURT, LOT 7 (APN 503-82-006)
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 gradmg 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 m 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 mcorporated herein by this reference
4 As a condition of this Approval, Owner and Applicant hereby agree to defend, mdemmfy 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 m 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, pnor to any Zoning Clearance, Owner and Applicant shall execute a separate
agreement contammg the details of this required Agreement to Indemnify, Hold harmless and
Defend, which shall be subject to pnor approval as to form and content by the City Attorney
5 Expiration of Approval. Construction must be commenced within 36 months from the date of
this approval (January 18, 2020), 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 November 2, 2016
denominated Exhibit "A" as modified by the City Council and as shown on Exhibit B approved
by the City Council on January 18, 2017. 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 pnvate
vehicles shall be parked or stored within the root zone of any Ordinance -protected tree on the
site,
c Incorporate this complete and signed Design Review Approval Resolution into the submitted
building plan sets. The resolution is valid only when it includes all the required signatures;
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 Imgation Plan; and
g All additional drawings, plans, maps, reports, and/or materials required by the Building
Division.
8 Lighting. Extenor lighting shall be shielded so as not to shine on adjacent properties or public
nght-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
11. Final Landscaping and Irrigation Plan. The final landscaping and imgation 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 appropnate to site specific charactenstics 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
e 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 submitted plans and water budget/usage calculations
12 Noise and Construction Hours. In order to comply with standards that minimize impacts to the
neighborhood dunng 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 Landscaping. Landscapmg shall be installed prior to fmal inspection or a bond satisfactory to
the Community Development Department valued at 150% of the estimated cost of the installation
of such landscapmg shall be provided to the City
14. Construction Management Plan. Pnor to issuance of Building Permits 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 stagmg/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.
15. Fencing. Pnor to final occupancy, the developer shall work with the adjacent property owner at
13095 Paramount Court to determine whether or not the owner wants two feet of lattice added to
the fence for a maximum fence height of eight feet.
16 Final Review Council shall defer authonty of the fmal design review and building permit to
City staff The applicant shall revise Exhibit A to reflect the final conditions of approval
17 Number of Stories. The proposed house shall be smgle story.
18 Maximum Height. The maximum height of the house shall not exceed 20 feet with the
following exceptions.
a) The entry element may have a maximum height of 21 feet.
b) The maximum area of the entry element shall not exceed 200 sq ft
c) No more than 40% of the roof area shall have a height greater than 19 5 feet
19. Setbacks and Additional Height Restrictions. The following additional requirements shall
apply
a) On the north side of the building the wall plate height shall be 12 feet on top of a
one foot foundation.
b) Within an increased 50 foot setback area perpendicular to and continuing along
the north property as depicted in Exhibit B, no part of the structure shall exceed
15 feet in height
20 Pad Height. The pad height shall not change from the ongmal submittal
21 Tree Species. Tree species planted on the site at the time of final occupancy, shall not exceed
25 feet in height at maturity Tree species shall be approved by City staff pnor to planting and
final occupancy.
22 Fence Design. The developer shall work with the adjacent property owners regarding the fence
design The final design shall be submitted to City staff for approval pnor to final occupancy.
23. Revised Plans. The revised plans submitted for permits shall incorporate the following
a. The architectural style shall be the same as the original plans
b The exterior materials shall be similar to the matenals onginally proposed.
c. The exterior colors shall be similar to the colors onginally proposed
FIRE
24 Requirements. 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 Therefore,
additional fire requirements may be required during the Building Permit plan check process
25 Wildland-Urban Interface. This project is located within the designated Wildland- Urban
Interface Fire Area The building construction shall comply with the provisions of California
Building Code (CBC) Chapter 7A Note that vegetation clearance shall be in compliance with
CBC Section 701A.3 2 4 pnor to project final approval Check with the Planning Department
for related landscape plan requirements
26. Fire Sprinklers Required 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 appropnate fees to this department for review and approval
prior to beginning their work. CRC Sec 313 2 as adopted and amended by SMC
27 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
28 Early Warning Fire Alarm System Required. Provide an approved Early Wammg Fire Alarm
System throughout all portions of the structure, mstalled per City of Saratoga Standards. Prior to
mstallation, a licensed C-10 contractor shall submit to the fire department, plans, specifications &
listings, a completed permit application, and applicable fee's for review and approval. Where a
proposed development does not require any form of permit or approval to be granted under the
Subdivision Ordinance or the Zoning Ordmance, installation of an early warning fire alarm
system m accordance with the provisions of Article 16-20 of the Saratoga Mumcipal Code shall
be required as a condition for the granting of any building or other permit under Chapter 16 of the
Saratoga Municipal Code in each of the following cases All new and when expanded by
fifty percent or more, existmg residential occupancies, commercial structures and community
facilities located withm a designated Wildland-Urban Interface Fire Area SMC Art.16-60.
29. 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 appropnate notations
on subsequent plan submittals, as appropnate to the project CFC Chp 33.
30 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
CITY ARBORIST
31 Arborist Report (ARB16-0052). All recommendations of the Arbonst Report dated September
22, 2016 and all other future updated reports, and incorporated herein by this reference shall be
followed and incorporated (in its entirety) into the plans
PUBLIC WORKS
32 Fees. The owner (applicant) shall pay all apphcable fees pnor to Zone Clearance
33 Encroachment Permit. Applicant (owner) shall obtain an encroachment permit for any and all
improvements in any City nght-of-way or City easement prior to commencement of the work to
implement this Design Review
34 Subdivision Improvements. Show all subdivision improvements per approved Subdivision
Improvement Plans on the building plan set
35. Utilities. All new utility connections shall be installed underground
36. Submittal documentation Pnor to issuance of a building permit, submittals shall be provided
for materials used for permeable dnveways and walkways to justify that the materials will be
pervious when installed Submittals include drainrock, bedding, jointing aggregate gradation,
geotextile fabnc documentation and permeable interlocking pavers documentation
37 Storage of permeable materials All materials delivered to the site for the permeable dnveways
and walkways shall be stored on a hard surface or on geotextile
38 Protection of Permeable Areas. The developer/owner is responsible to protect the permeable
driveway areas during and after the paver installation No loose matenal shall be stored on the
finished dnveways without protection of driveways The developer/owner shall protect dnveways
from stormwater runoff with sediment A sign shall be posted near each permeable dnveway to
protect the surface dunng construction and the new homeowner shall be informed about the long-
term dnveway protection
39 Subdivision Resolution. Incorporate complete and signed Resolution No. 14-017 approving the
Subdivision Application SUB 13-0003 into the building plan set