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HomeMy WebLinkAboutCity Council Resolution 12-045 Denying Appeal - 14651 Big Basin WayRESOLUTION NO. 12-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENYING AN APPEAL; THEREBY AFFIRMING THE PLANNING COMMISSION'S APPROVAL OF DESIGN REVIEW (PDR 10- 0021), CONDITIONAL USE PERMIT (CUP 12-0001) AND TENTATIVE SUBDIVISION MAP (SUB11-0003) LOCATED AT 14651 BIG BASIN WAY WHEREAS, on November 8 2010, an application was submitted by Tom Sloan on behalf of the owners Jongheen Kang and Sue Kang, requesting design review and conditional use permit approval to construct a mixed-use residential condominium and commercial units located at 14651 Big Basin Way. The property is located within the Commercial Historic 2 Zoning District (APN 503-23-015. The foregoing work is described as the "Project" in this Resolution; WHEREAS, on December 22 2011, an application was submitted by Jongheen Kang and Sue Kang, requesting tentative map approval for a subdivision that creates air space units and structures jointly owned as a fraction of the site located at 14651 Big Basin Way; and WHEREAS, the limits of ownership, whether residential or commercial space, will be defined on the condominium plans (a part of Covenants, Conditions and Restrictions (CC&R)) that will be prepared together with the tract map and recorded concurrently for three residential condominiums and two commercial units; and WHEREAS, a homeowner's association will be formed to maintain both land and the buildings; and WHEREAS, 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; and WHEREAS, the intent to adopt the Negative Declaration (ND) were duly noticed and circulated for a 30 -day public review period starting January 23, 2012. All Interested Parties desiring to comment on the ND were given the opportunity to submit written and oral comments on the adequacy of the ND up to and including the close of the Public Hearing on the Project before the Planning Commission on April 25, 2012; and WHEREAS, on April 25, 2012, following a duly noticed public hearing at which time all interested parties were given a full opportunity to be heard and present evidence, the City of Saratoga Planning Commission approved an application for Design Review (PDR 10-0021), Conditional Use Permit (CUP 12-0001) and Tentative Subdivision Map (SUB 11-0003); and WHEREAS, on May 10, 2012 an appeal of the Planning Commission decision was filed by the appellants Phyllis Helmudt and Kathleen Casey; and WHEREAS, on July 18, 2012, the City Council held a duly noticed public hearing to consider the appeal at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the City Council of the City of Saratoga has considered the appeal and all testimony and other evidence submitted in connection therewith. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Saratoga hereby: I. Denies the appeal and affirms the Planning Commission's approval of the Design Review, Conditional Use Permit, and Subdivision application as consistent with the findings provided in the Planning Commission Staff Report, dated April 25, 2012 and the attached Conditions of Approval (Exhibit 1); and II. Finds that the Negative Declaration ("ND") is based on an Initial Study which indicates there is no substantial evidence, in light of the whole record before the City of Saratoga, that the project as revised may have a significant effect on the environment. PASSED AND ADOPTED by the City Council of Saratoga, State of California, on this 18th day of July, 2012 by the following roll call vote: AYES: Council Member Manny Cappello, Emily Lo, Howard Miller, Vice Mayor Jill Hunter, Mayor Chuck Page NOES: None ABSENT: None ABSTAIN: None ATTEST: uc Page, Mayor DATE: liV -2/D�2 rystui Morrow, City Clerk EXHIBIT 1 RECOMMENDED CONDITIONS OF APPROVAL DESIGN REVIEW & CONDITIONAL USE PERMIT NO. PDR 10-0021 & CUP 12-0001 & SUB 11-0003 LOCATED AT 14651 BIG BASIN WAY 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. 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. 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" and as amended by the Planning Commission on April 25th 2012, including increasing the roof overhang to 42 inches and increasing the size of the windows on the south facing wall of the apartment. 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. Any intensification of uses may require additional parking. 7. Front yard landscaping. Front yard landscaping shall be installed prior to final inspection or a bond satisfactory to the Community Development Department. 150% of the estimated cost of the installation of such landscaping shall be provided to the City. 8. Cultural Resources. If archaeological or cultural resources or human remains are discovered, the following conditions shall be implemented. a. If significant cultural materials are found during project construction activities, all construction shall cease within a 50 -foot radius of the find in order to proceed with the testing and mitigation measures required. The City of Saratoga shall be notified, and a qualified archaeologist shall examine the find and make appropriate recommendations regarding the significance of the find and the appropriate mitigation. Recommendations could include collection, recordation, and analysis of any significant cultural material. Pursuant to Section 7050.5 of the Health and Safety Code and Section 5097.94 of the public Resources Code of the State of California. b. In the event of the discovery of human remains during construction, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlay adjacent remains. The Santa Clara County Coroner shall be notified and shall make a determination as to whether the remains are Native American. If the Coroner determines that the remains are not subject to his authority, he shall notify the Native American Heritage Commission who shall attempt to identify descendants of the deceased Native American. If no satisfactory agreement can be reached as to the disposition of the remains pursuant to this State Law, then the land owner shall re -inter the human remains and items associated with Native American burials on the property in a location not subject to further subsurface disturbance. c. In the event any unrecorded archaeological resources are recorded, it will be the responsibility of the project archaeologist to (at a minimum) record the location of the resources on DPR archaeological site forms to be submitted to the Northwest Information Center (NWIC) at the completion of the project. If it has been determined that additional earthmoving activities will further disturb the resource, a plan for its evaluation under current CEQA guidelines should be submitted to the City of Saratoga for approval before a program of hand excavation is undertaken. d. If evaluative testing demonstrates that the property contains an archaeological resource eligible for inclusion on the California Register of Historical Resources, the project applicant should submit a plan for mitigation of impacts to that resource to the City of Saratoga for approval before additional data recovery efforts are allowed to proceed in areas of planned impacts. Mitigation can take the form of additional archaeological monitoring along with recording and/or removal of significant archaeological materials and information. Mitigation should also include the analysis and production of a report of findings at the completion of archaeological fieldwork for submission to the City and the NWIC. e. After discovery of any significant cultural resources, a final report shall be submitted to the City of Saratoga. This report shall contain a description of the monitoring and testing program, a list of the resources found, a summary of the resources analysis methodology and conclusion, and a description of the disposition/duration of the resources. The report shall verify completion of the mitigation program to the satisfaction of the City of Saratoga. 9. Compliance with Tree Regulations and City Arborist Report. All requirements in the City Arborist Report dated January 10, 2012, are hereby adopted as conditions of approval and shall be implemented as part of the Approved Plans. 10. Geotechnical Clearance. All requirements in the Geotechnical Clearance memorandum dated December 9, 2010, and as specified by the City Engineer are hereby adopted as conditions of approval and shall be implemented as part of the Approved Plans. 11. Prior to submittal of detailed plans for the building permit application, the selected foundation design alternative shall be clarified. If pier foundations are to be utilized for buildings near the steep northern slope, then the Project Geotechnical Engineer shall clarify minimal lateral cover requirements for piers prior to application of passive resistance. If mat slab foundations are to extend to the northern edges of proposed buildings, then a grading plan shall be prepared illustrating where existing fill materials will be removed and replaced along with necessary keyways and benching into in-place material. This plan shall also indicate final proposed fill slope configurations to the north of proposed buildings. The Project Geotechnical Engineer shall evaluate any revised grading plan prior to submittal to the City. Appropriate documentation to address the above shall be submitted to the City for review by the City Engineer and City Geotechnical Consultant prior to acceptance of detailed plans for building permit plan -check. 12. The Project Geotechnical Engineer shall review and approve all geotechnical aspects of the final development plans (i.e., site preparation and grading, site drainage improvements and design parameters for foundations) to ensure that the plans, specifications and details accurately reflect the consultant's recommendations. The consultant shall specifically evaluate all geotechnical aspects of proposed project drainage design. Percolation or discharge of collected storm drainage shall be avoided near the top of site fill slopes. Drainage discharge shall be designed to minimize potential erosion or adverse slope instability impacts. Geotechnical aspects of sharing design plans shall be evaluate. The results of the plan review shall be summarized by the Project Geotechnical Engineer in a letter(s) and submitted to the City for review by the City Engineer prior to issuance of permits. 13. 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 fill keyways (if applicable), and foundation construction prior to placement of fill, steel and concrete. The consultant shall complete an inspection of completed 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 Registered Geotechnical Engineer in a letter(s) and submitted to the City Engineer for review and approval prior to Final (as -built) Project Approval. 14. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical Consultant's review of the project prior to Zone Clearance. 15. 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. 16. THIS CONDITION IS PERMANENT. Deed Restriction: Trail Easement. The property Owner shall record a deed restriction, satisfactory to the Community Development Director, dedicating a pedestrian trail easement along Saratoga Creek to the City of Saratoga as provided in the Trail Easement Agreement and depicted on the Trails Master Plan included in the Open Space Conservation Element of the City of Saratoga General Plan. A legal description and plat plan or a verbal trail description shall be prepared for the trail easement dedication and submitted to the City Public Works Department for review and approval. The width and exact location of the trail easement is subject to approval by the Public Works Department. This Trail Easement shall be recorded on the deed prior to issuance of Zoning Clearance for a Building Permit. 17. Prior to submittal of the Final Map to the City Engineer for examination, the owner (applicant) shall cause the property to be surveyed by a Licensed Land Surveyor or an authorized Civil Engineer. The submitted map shall show the existence of a monument at all external property comer locations, either found or set. The submitted map shall also show monuments set at each new comer location, angle point, or as directed by the City Engineer, all in conformity with the Subdivision Map Act and the Professional Land Surveyors Act. 18. The owner (applicant) shall submit four (4) copies of a Final Map in substantial conformance with the approved Tentative Map, along with the additional documents required by Section 14-40.020 of the Municipal Code, to the City Engineer for examination. The Final Map shall contain all of the information required in Section 14- 40.030 of the Municipal Code and shall be accompanied by the following items: f. One copy of map checking calculations. g. Preliminary Title Report for the property dated within ninety (90) days of the date of submittal for the Final Map. h. One copy of each map referenced on the Final Map. i. One copy of each document/deed referenced on the Final Map. j. One copy of any other map, document, deed, easement or other resource that will facilitate the examination process as requested by the City Engineer. 19. The owner (applicant) shall pay a Map Checking fee, as determined by the City Engineer, at the time of submittal of the Final Map for examination. 20. Interior monuments shall be set at each lot corner either prior to recordation of the Final Map or some later date to be specified on the Final Map. If the owner (applicant) chooses to defer the setting of interior monuments to a specified later date, then sufficient security as determined by the City Engineer shall be furnished prior to Final Map approval, to guarantee the setting of interior monuments. 21. The owner (applicant) shall provide Irrevocable Offers of Dedication for all required easements and/or rights-of-way on the Final Map, in substantial conformance with the approved Tentative Map, prior to Final Map approval. 22. The owner (applicant) shall submit engineered improvement plans to the City Engineer in conformance with the approved Tentative Map and in accordance with the design and improvement requirements of Chapter 14 of the Municipal Code. The improvement plans shall be reviewed and approved by the City Engineer and the appropriate officials from other public agencies having jurisdictional authority, including public and private utility providers, prior to approval of the Final Map. Improvement requirements shall include, but not necessarily be limited to: a. Replace sidewalk and the planting strip between the sidewalk and the roadway on North side of Big Basin Way along the subdivision frontage per City Standard specifications. The extent of the sidewalk and planting strip replacement shall be determined by the City Engineer during the Encroachment Permit application. b. The owner (applicant) shall obtain an Encroachment Permit from the City for any and all improvements in any City right-of-way or City easement prior to commencement of the work. The owner (applicant) shall obtain an Encroachment Permit from Caltrans for any and all improvements in Caltrans right-of-way prior to commencement of the work. 23. The owner (applicant) shall submit "As -Built" plans showing all modifications made during construction. Included in "As -Built" plans will be certification about the total impervious area. If the total project impervious area exceeds the 10,000 square feet threshold for projects regulated by Provision C.3 of the Municipal Regional Permit, the project will need to comply with all requirements listed in Provision C.3 at the time the Project's initial approval by the City. 24. The owner (applicant) shall pay a Subdivision Improvement Plan Checking fee, as determined by the Public Works Director, at the time Improvement Plans are submitted for review. 25. The owner (applicant) shall enter into an Improvement Agreement with the City in accordance with Section 14-60.010 of the Municipal Code prior to Final Map approval. 26. The owner/applicant shall comply with requirements of Provision C.3 of National Pollutant Discharge Elimination System Permit. The applicant shall use and maintain Best Management Practices (BMP's) for site design and storm water treatment. The project site shall be designed to prevent pollutant from being washed into creeks and storm drains. Subdivision Improvement Grading and Drainage Plan shall incorporate preliminary design, control, and engineered treatment measures to comply with NPDES permit requirements. 27. The owner (applicant) shall furnish Improvement Securities in accordance with Section 14-60.020 of the Municipal Code in the manner and amounts determined by the Public Works Director prior to Final Map approval. 28. The owner (applicant) shall furnish a written indemnity agreement and proof of insurance coverage, in accordance with Section 14-05.050 of the Municipal Code, prior to Final Map approval. 29. Prior to Final Map approval, the owner (applicant) shall furnish the City Engineer with satisfactory written commitments from all public and private utility providers serving the subdivision guaranteeing the completion of all required utility improvements to serve the subdivision. 30. The owner (applicant) shall secure all necessary permits from the City and any other public agencies, including public and private utility providers, prior to commencement of subdivision improvement construction. Copies of permits other than those issued by the City shall be provided to City Engineer. 31. The owner (applicant) shall pay the applicable Park and Recreation fee prior to Final Map approval. 32. All building and construction related activities shall adhere to New Development and Construction - Best Management Practices as adopted by the City for the purpose of preventing storm water pollution. 33. Conditions Requested by Other Agencies or Utilities. Applicant shall comply with all conditions regarding improvements, whether on-site or off-site requested by other Agencies or Utilities having jurisdiction over the project. Such agencies include but are not limited to the Santa Clara Valley Water District and Regional Water Quality Control Board. Prior to issuance of city permits, the applicant must present evidence of permit approval by any such agencies, as required for any activities within jurisdictional areas of said agencies.