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HomeMy WebLinkAbout02-09-2011 Planning Commission PacketTable of Contents Agenda 2 December 22, 2010 Action Minutes 4 Application MOD11-0011 18870 Allendale Avenue (397-01-014) BCA Architects / Saint Archangel Michael Serbian Orthodox Church Staff Report 6 Attachment 1: Resolution 13 Attachment 2: Project Description Letter 25 Attachment 3: Neighbor Notification Forms 27 Attachment 4: Public Hearing Notices 35 1 CITY OF SARATOGA PLANNING COMMISSION AGENDA DATE: Wednesday, February 09, 2011 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL Commissioners - Chair Mary-Lynne Bernald, Vice-Chair- Douglas Robertson, Joyce Hlava, David Reis, Linda Rodgers, Tina K. Walia and Yan Zhao PLEDGE OF ALLEGIANCE MINUTES Action Minutes from the Regular Planning Commission Meeting of December 22, 2010 ORAL COMMUNICATION Any member of the Public will be allowed to address the Planning Commission for up to three minutes on matters not on this agenda. The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications under Planning Commission direction to Staff. ORAL COMMUNICATIONS- PLANNING COMMISSION DIRECTION TO STAFF REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on February 3, 2011 REPORT OF APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an “Appeal Application” with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15-90.050 (b). All interested persons may appear and be heard at the above time and place. Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. PUBLIC HEARING 1. Application MOD11-0011 18870 Allendale Avenue (397-01-014) BCA Architects / Saint Archangel Michael Serbian Orthodox Church - The applicant requests Planning Commission approval for modifications to a previously approved Design Review application for a new church building for the Saint Archangel Michael Serbian Orthodox Church. The requested project changes would include the use of cream colored limestone tiles for the exterior of the building instead of cream colored travertine tiles. The limestone would originate from Montenegro and would be donated by a member of the church. The limestone tiles would be installed in a “running” pattern indicative of how bricks are placed on a wall instead of the approved “stacked” or horizontal tile orientation. Other changes would include replacing the blue tinted window glass with clear glass, replacing the red colored slate roof with brown colored slate, and minor reductions in the width of the windows on the upper dome. The site is located in the R-1-40,000 zone district. (Chris Riordan) 2 DIRECTORS ITEM COMMISSION ITEMS COMMUNICATIONS ADJOURNMENT TO NEXT MEETING - Wednesday, February 23, 2011 at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). POSTING Certificate of Posting of Agenda: I, Abby Ayende, Office Specialist for the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning Commission of the City of Saratoga was posted on February 3, 2011, at the office of the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us If you would like to receive the Agenda’s via e-mail, please send your e-mail address to planning@saratoga.ca.us NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at www.saratoga.ca.us 3 CITY OF SARATOGA PLANNING COMMISSION AGENDA DATE: Wednesday, December 22, 2010 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL Commissioners - Chair Mary-Lynne Bernald, Vice-Chair- Douglas Robertson, Joyce Hlava, David Reis, Linda Rodgers, Tina K. Walia and Yan Zhao ABSENT Commissioners Doug Robertson and Dave Reis PLEDGE OF ALLEGIANCE MINUTES Action Minutes from the Regular Planning Commission Meeting of December 8, 2010 (Approved, 4:0) ORAL COMMUNICATION Any member of the Public will be allowed to address the Planning Commission for up to three minutes on matters not on this agenda. The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications under Planning Commission direction to Staff. ORAL COMMUNICATIONS- PLANNING COMMISSION DIRECTION TO STAFF REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on December 16, 2010 REPORT OF APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an “Appeal Application” with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15-90.050 (b). All interested persons may appear and be heard at the above time and place. Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. PUBLIC HEARING 1. APPLICATION PDR10-0017 & CUP10-0010 (503-80-003), Thunder Ranch (WT Brooks), 22490 Mt. Eden Road - This item has been continued to a date uncertain. (Cynthia McCormick, Assistant Planner, AICP) (Continued to a date uncertain, 5:0) 2. PSP10-0001 – 12988 Saratoga-Sunnyvale Road - Design Review for Three New Internally Illuminated Wall Mounted Identification Signs for Union Bank (Christopher Alan Riordan, AICP) (Continued to a date uncertain, 5:0) 3. PDR10-0008, VAR10-0001, GRE10-0002, GEO10-0007 / 21955 Via Regina - Design Review, Variance, Grading Exception, and Geotechnical Clearance approval to construct a new two-story single-family dwelling with basement and a detached guest house with a total proposed floor area of approximately 8,160 square-feet. (Christopher Alan Riordan, AICP) (Continued to a date uncertain, 5:0) 4 4. PDR10-0024,CUP09-0026,VAR10-0002/12299 Saratoga-Sunnyvale Road - Design Review, Conditional Use Permit, and Variance for the Expansion of an Existing Mini-Storage Facility Use, Façade Remodel (Approved, 5:0) DIRECTORS ITEM COMMISSION ITEMS COMMUNICATIONS ADJOURNMENT TO NEXT MEETING – ADJOURNED 7:32 PM - Tuesday and Wednesday, January 11 and 12, 2011 at 5:00 p.m. in the Administrative Conference Room 13777 Fruitvale Avenue, Saratoga, CA In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). POSTING Certificate of Posting of Agenda: I, Abby Ayende, Office Specialist for the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning Commission of the City of Saratoga was posted on December 16, 2010, at the office of the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us If you would like to receive the Agenda’s via e-mail, please send your e-mail address to planning@saratoga.ca.us NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at www.saratoga.ca.us 5 REPORT TO THE PLANNING COMMISSION Application No./Location: MOD11 -0001 /18870 Allendale Avenue Type of Application: Modification of Design Review Approval (03 -259) for the Construction of a Church Building for Saint Archangel Michael Serbian Orthodox Church Applicant/Owner : BCA Architects / Saint Archangel Michael Serbian Orthodox Church Staff Planner : Chris Riordan, AICP, Senior Planner______ Date: February 9, 2011 APN: 397 -01 -014 Department Head: __________ Chris Riordan, AICP , Interim Director 18870 Allendale Avenue 6 Application No. MOD11 -0001/18870 Allendale Avenue Page 2 of 7 EXECUTIVE SUMMARY PROJECT HISTORY: Application filed: 01/11/11 Application deemed complete: 01/14/11 Mailing completed: 01/24/11 Notice published: 01/25/11 Posting completed: 02/03/11 PROJECT DESCRIPTION: The project applicant is requesting Modification of Design Review Approval for changes to a June 25, 2008 Planning Commission approval of an application to construct a new 3,994 square foot church building (church building) on the approximately 3.1 acre project site located at 18870 Allendale Avenue. The site is the location of the existing Saint Archangel Michael Serbian Orthodox Church. The new church building is presently under construction and is located on the north portion of the site on a previously undeveloped area adjacent to Allendale Avenue. Proposed modifications include the following: • The approved exterior material included both off-white and gr e y travertine tile. The smooth off-white travertine tile was to be installed in a horizontal stacked pattern with the rough hewn grey colored travertine used as a wainscot to form a band along the lower portion. The applicant is proposing a cream-colored limestone for the exterior in lieu of the travertine. The limestone would be installed in a “running” pattern more similar to how bricks are installed. • The location of four windows on the lower portion of the building (#’s 6, 8, 31, & 32 as numbered on the exterior elevations) were shifted four inches in location to accommodate a redesign of the building’s interior. • A blue-tinted glass was approved for the exterior windows. The applicant is proposing to replace the tinted glass with clear glass. • The approved roofing material is reddish -brown colored slate tiles. The applicant is proposing a brown colored slate tile in lieu of the red tiles. • The approved plans include windows on the upper dome that are 2’-6” in width. The applicant is proposing to reduce the width of these windows from 2’-6” to 2’-2”. The proposed width of the windows for the upper dome would match the width of similar windows on the lower portion of the building 7 Application No. MOD11 -0001/18870 Allendale Avenue Page 3 of 7 STAFF RECOM MENDATION: Staff recommends the Planning Commission approve this Modification of Design Review Approval by adopting the attached resolution with conditions. Staff is not recommending any additional permanent conditions of approval other than those included in the original Design Review approval. 8 Application No. MOD11 -0001/18870 Allendale Avenue Page 4 of 7 STAFF ANALYSIS ZONING: R-1-40,000 (Single Family Residential) GENERAL PLAN DESIGNATION : CFS (Community Facility) MEASURE G: Not Applicable PARCEL SIZE : 135,036 squ are feet (net ) SLOPE : Level Site GRADING REQUIRED: No grading proposed in association with this application. ENVIRONMENTAL DETERMINATION: Approval of Design Review application 03-259 for construction of the new church building included the preparation of an Initial Study and a Mitigated Negative Declaration pursuant to the California Environmental Quality Act (CEQA) section 15070. The proposed modifications to the building would not trigger additional environmental review. MATERIALS AND COLORS: Modified exterior materials would include brown colored slate roof tiles , cream colored limestone tiles for the exterior of the building , and cream colore d limestone tiles with a rough finish for construction of the wainscot that would form a band along its lower portion . Bronze colored metal window s would have clear glazing. A colors and materials board is on file with the Community Development Department and will be present at both the site visit and public h earing. Detail Colors and Material Mfg. & Specification # Windows Bronze Metal with Clear Glass Solarban 60 Doors Bronze Colored Metal (no change) Ellison Bronze, Inc. Exterior Material Cream Colored Limestone Montenegro Stone Roof Brown Slate Tiles American Slate/Malayan Grove 9 Application No. MOD11 -0001/18870 Allendale Avenue Page 5 of 7 PROJECT DATA: (no changes to any of the below is proposed) R-1-40,000 Zoning Net Site Area: 135,036 square feet Approved Project Changes Site Coverage Existing Pastor’s Residence Existing Parking & Driveway Exis ting Basketball Court Existing Hall Existing Church Existing Walkways/Patios Total Existing Impervious Area 2,521.00 47,630.00 3,177.00 9,731.00 1,224.00 9,806.00 74,089 SF (55.2%) None Pastors Residence (no change) Proposed Parking and Driveways 2,521.00 38,330.00 Hall (no change) 9,731.00 Proposed Church (including existing) 5,235.00 Walkway/Patios 11,967.00 TOTAL Approved Site Coverage 67,784 SF (50.5%) Floor Area None Existing Pastor’s Residence 2,521.00 Existing Hall 9,731.00 Existing Chapel 1,224.00 TOTAL Existing Floor Area 13,476 SF Proposed Church Ground Floor 3,477.00 SF Second Floor 517.00 SF TOTAL New Church Floor Area 3,994 SF TOTAL Approved Floor Area 17,470.00 SF Setbacks First Floor Second Floor None Front: 46.7 ft 81.0 ft Rear: 400.0 ft 400.0 ft Left Side: 31.7 ft 102 ft Right Side: 56.0 ft 56 ft Height None Lowest Elevation Point: 99.58 Highest Elevation Point: 100.60 Average Elevation Point: 100.09 Topmost Point: 150.09 (50 ft.) PROJECT DISCUSSION AND SITE CHARACTERISTICS Project Background and Description of Project On June 25, 2008, the Planning Commission (Commission) reviewed and unanimously approved Design Review Application #03-259 for the construction of a new 3,994 square foot, 50 foot tall church building for the Saint Archangel Michael Serbian Orthodox Church at 18870 Allendale Avenue. The approval of the Planning Commission was appealed to the City Council and on July 8, 2008 the appeal was denied. The building is under construction on the north side of the site on a previously undeveloped area adjacent to Allendale Avenue. 10 Application No. MOD11 -0001/18870 Allendale Avenue Page 6 of 7 Other site improvements include the removal and replacement of the existing driveway and parking lot asphalt with permeable paving. The existing grass area and basketball court will be removed and replaced with new grass . The new grass will include honeycombed shaped reinforcements installed below the level of the grass thereby creating a surface capable of supporting the weight of mo tor vehicles. New landscaping will predominantly be located near the new church building. Other landscaping will be located along the eastern property line and both in and around the parking lot. The new church building is designed to adhere to the gen eral Byzantine architectural style founded in sacral Serbian monumental architecture of medieval Serbia. The church will have a seating capacity for 254 people. The building footprint of the church will have a cruciform design to follow the form of the Cross. The two -story, 3,994 square foot church would be 50 feet in height as measured to the top of the central dome located approximately in the middle of the building footprint. The second tallest point would be the 40 feet tall bell tower located above the fro nt entrance. The remaining roof structure would not exceed 26 feet in height. The total area of the building above 26 feet would equal 1,600 square feet. The exterior of the church would be off -white colored “smooth polished” travertine tile with a grey colored unpolished travertine tile wainscot. The roof would be composed of red dish -brown colored slate tiles. Proposed Modifications A building permit for the project was issued on February 23, 2010. During the construction of the project the applican t approached Staff with a request to make modifications to the design of the building. Staff reviewed the changes as described in the following paragraphs and requested that the applicant submit an application for Modification of an Approved Design Review . • The approved exterior material included both Off-White and Grey Travertine tile. The 24” x 24” smooth off-white travertine tiles were to be installed in a horizontal stacked pattern with the rough hewn grey colored travertine used as a wainscot to f orm a band along the lower portion. Instead of the travertine the applicant is proposing either an approximately 12” x 24” or 16” x 30” sized cream-colored “hammered finish” limestone for the exterior. According to the applicant the stone has not yet been quarried and the size of the stones has not yet been determined. The limestone would be installed in a “running” pattern more similar to how bricks are installed. The same limestone with a rougher exterior finish would be used for the buildings base. • The location of four windows on the lower portion of the building (#’s 6, 8, 31, & 32 as numbered on the exterior elevations) were shifted four inches to accommodate a redesign of the building’s interior. • A blue-tinted glass was approved for the exterior windows. The applicant is proposing to replace the tinted glass with clear low-emission glass. 11 Application No. MOD11 -0001/18870 Allendale Avenue Page 7 of 7 • The approved roofing material is reddish -brown colored slate tiles. The applicant is proposing a brown colored slate tile in lieu of the red tiles. • The approved plans include windows on the upper dome that are 2’-6” in width. The applicant is proposing to reduce the width of these windows from 2’-6” to 2’-2”. The proposed width of the windows for the upper dome would match the width of similar windows on the lower portion of the building Trees The approved application included the removal of two trees in poor health. These included on olive tree that was dead and one Stone Pine in poor condition. No additional trees are proposed for removal. Geotechnical Clearance Geotechnical clearance was not required. Neighbor Correspondence On January 22, 2011, a member of the Church attempted to contact ten of the adjacent neighbors. A list of these neighbors is included as Attachment #3. The applicant was successful in getting five of the neighbors to sign the Neighbor Notification forms. None of these five neighbors had any negative comments. All neighbors within a 500 foot radius of the project were sent a public hearing notice (see Attachment #4) which included a description of the modifications. Environmental Review Approval of Design Review application 03-259 for the construction of the new church building included the preparation of an Initial Study and a Mitigated Negative Declaration pursuant to the California Environmental Quality Act (CEQA) section 15070. The proposed modifications to the building would not trigger additional environmental review. STAFF RECOMMENDATION Staff recommends the Planning Commission approve this Modification of Design Review Approval by adopting the attached resolution with conditions. Staff is not recommending any additional permanent conditions of approval other than those included in the original Design Review approval. ATTACHMENTS: 1. Resolution of Approval 2. Project Description Letter, dated January 10, 2011 (prepared by applicant) 3. Neighbor Notification Forms 4. Affidavit of Mailing Notices, Public Hearing Notice, Mailing labels for project notification. 5. Reduced Plans, Exhibit “A” 12 CITY OF SARATOGA PLANNING COMMISSION RESOLUTION NO: 11-001 FOR APPROVAL OF DESIGN REVIEW Application Numbers: MOD11-0001 BCA Architects (Applicant) Saint Archangel Michael Serbian Orthodox Church (Owner): 18870 Allendale Avenue The City of Saratoga Planning Commission finds and determines as follows with respect to the above-described application: I. Project Summary The City of Saratoga Planning Commission has received an application for Modification of an approved Design Review Approval for the Project shown in Exhibit "A" & “B” including the Color Board denominated Exhibit “C” dated respectively December 3, 2010 and January 11, 2011, each incorporated by reference. On June 25, 2008, the Planning Commission (Commission) reviewed and unanimously approved Design Review Application #03-259 for the construction of a new 3,994 square foot, 50 foot tall church building for the Saint Archangel Michael Serbian Orthodox Church at 18870 Allendale Avenue. The approval of the Planning Commission was appealed to the City Council and on July 8, 2008 the appeal was denied. The building is under construction on the north side of the site on a previously undeveloped area adjacent to Allendale Avenue. Other site improvements include the removal and replacement of the existing driveway and parking lot asphalt with permeable paving. The existing grass area and basketball court will be removed and replaced with new grass. The new grass will include honeycombed shaped reinforcements installed below the level of the grass thereby creating a surface capable of supporting the weight of motor vehicles. New landscaping will predominantly be located near the new church building. Other landscaping will be located along the eastern property line and both in and around the parking lot. The new church building is designed to adhere to the general Byzantine architectural style founded in sacral Serbian monumental architecture of medieval Serbia. The church will have a seating capacity for 254 people. The building footprint of the church will have a cruciform design to follow the form of the Cross. The two-story, 3,994 square foot church would be 50 feet in height as measured to the top of the central dome located approximately in the middle of the building footprint. The second tallest point would be the 40 feet tall bell tower located above the front entrance. The remaining roof structure would not exceed 26 feet in height. The total area of the building above 26 feet would equal 1,600 square feet. The exterior of the church would be off-white colored “smooth polished” travertine tile with a grey colored unpolished travertine tile wainscot. The roof would be composed of reddish-brown colored slate tiles. A building permit for the project was issued on February 23, 2010. During the construction of the project the applicant approached Staff with a request to make modifications to the 13 design of the building. Staff reviewed the changes as described in the following paragraphs and requested that the applicant submit an application for Modification of an Approved Design Review. • The approved exterior material included both Off-White and Grey Travertine tile. The 24” x 24” smooth off-white travertine tiles were to be installed in a horizontal stacked pattern with the rough hewn grey colored travertine used as a wainscot to form a band along the lower portion. Instead of the travertine the applicant is proposing either an approximately 12” x 24” or 16” x 30” sized cream-colored “hammered finish” limestone for the exterior. According to the applicant the stone has not yet been quarried and the size of the stones has not yet been determined. The limestone would be installed in a “running” pattern more similar to how bricks are installed. The same limestone with a rougher exterior finish would be used for the buildings base. • The location of four windows on the lower portion of the building (#’s 6, 8, 31, & 32 as numbered on the exterior elevations) were shifted four inches to accommodate a redesign of the building’s interior. • A blue-tinted glass was approved for the exterior windows. The applicant is proposing to replace the tinted glass with clear low-emission glass. • The approved roofing material is reddish-brown colored slate tiles. The applicant is proposing a brown colored slate tile in lieu of the red tiles. • The approved plans include windows on the upper dome that are 2’-6” in width. The applicant is proposing to reduce the width of these windows from 2’-6” to 2’-2”. The proposed width of the windows for the upper dome would match the width of similar windows on the lower portion of the building The net lot size is 3.1 acres and the site is zoned R-1-40,000. The foregoing work is described as the “Project” in this Resolution. II. Design Review Requirement City Code Section 15-46.020(a)(6) states that any new structure, except a single-family dwelling or accessory structure, having a floor area of one thousand square feet or greater, located in an R-1 district, requires Design Review approval by the Planning Commission. The proposal consist of a new two story structure with a proposed floor area of 3,994 square feet, therefore, requiring review and approval by the Planning Commission. This Design Review Approval requirement implements the Saratoga General Plan, including, but not limited to: (1) 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 2 Application Numbers: MOD11-0001/18770 Allendale Avenue 14 the site and the adjacent surroundings; (2) Open Space Element Policy 11.a which provides that the City shall ensure that projects are designed in a manner that minimizes disruption to important wildlife, riparian and plant habitats; (3) 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; (4) Land Use Element Goal 10 which minimizes the impact of development proposals in hillside areas by requiring visual analyses and imposition of conditions to prevent or reduce significant visual impacts; and (5) 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. III. Planning Commission Review On February 9, 2011 the Planning Commission held a duly noticed Public Hearing on the Project at which time all interested parties were given a full opportunity to be heard and to present evidence and argument. The Planning Commission considered the Project, the Staff Report on the Project, CEQA documentation, correspondence, presentations from the Applicant and the public, and all testimony and other evidence presented at the Public Hearing. IV. Environmental Review Approval of Design Review application 03-259 included the preparation of an Initial Study and a Mitigated Negative Declaration pursuant to the California Environmental Quality Act (CEQA) section 15070. The proposed modifications to the building would not trigger additional environmental review. V. Design Review Findings The findings required for issuance of a Design Review Approval pursuant to City Code Section Article 15-45.080 are set forth below and the Applicant has met the burden of proof to support making all of those required findings: The proposed project is consistent with all the following Design Review findings stated in Saratoga Municipal Code Section 15-46.040: (a) Where more than one building or structure will be constructed, the architectural features and landscaping thereof shall be harmonious. Such features include height, elevations, roofs, material, color, and appurtenances. This finding may be made in the affirmative in that the church would possess design elements that would be compatible with the other existing buildings on the project site, including the chapel and the fellowship hall. Both of these existing buildings feature stucco and stone 3 Application Numbers: MOD11-0001/18770 Allendale Avenue 15 exterior finishes and accents, and these design elements would be included in the new building as well. The hipped and articulated roof style of the new church would more closely reflect the roofing styles of the residential neighborhood, and would not match the flat roofing style possessed by the two existing buildings on the site. However, the flat roofing style of these two buildings could be considered outdated and not a design element worth emulating. To increase the new church’s compatibility with the sites existing buildings, a condition has been added to the project requiring the applicant to submit a “color board” for the project prior to building permit issuance that shows a compatible color scheme for all building on the site. (b) Where more than sign will be erected or displayed on the site, the sign shall have a common or compatible design theme and locational positions and shall be harmonious in appearance. This finding may be made in the affirmative in that the project does not include signage. Future project signage would require Design Review approval. (c) 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. This finding can be made in the affirmative in that for the most part the existing mature landscaping on the site would be maintained as part of the project. The existing 11” Olive tree located in the existing courtyard between the existing church and the new church building is dead and should be removed. The 22” Stone Pine located adjacent to the pastor’s residence is in severe health decline and is recommended for removal by the City Arborist. None of the other protected trees are proposed for removal. None of the new landscaping will be placed in rows nor regularly spaced and instead will be planted in natural, organic patterns. (d) Colors of wall and roofing materials shall blend with the natural landscape and be nonreflective. This finding may be made in the affirmative in that the impact of the bulk of the proposed design would be reduced by the use of varying roof lines, pitches, natural colors, setbacks for taller portions of the building, and a mix of horizontal and vertical features. The proposed project would use natural stone with natural colors which would help the building to blend with the environments. The building’s size and height precludes the screening of the building by landscaping. (e) Roofing materials shall be wood shingles, wood shakes, tile, or other materials such as composition as approved by the Planning Commission. No mechanical equipment shall be located upon a roof unless it is appropriately screened. This finding may be 4 Application Numbers: MOD11-0001/18770 Allendale Avenue 16 made in the affirmative in that the roofing material would be brown colored slate roof tiles and no mechanical equipment is proposed to be installed on the roof. (f) The proposed development shall be compatible in terms of height, bulk, and design with other structures in the immediate area. This finding may be made in the affirmative in that the height and style of the proposed church would be in keeping with other similar developments in the area. The proposed bulk, size, height, site orientation, and exterior finishes are in keeping with other developments in the City of Saratoga, including other nearby churches and the buildings on the West Valley Junior College campus. The classic design elements of the proposed new church also complement other types of buildings in the City. IX. Project Approval After careful consideration of the application, site plan, architectural drawings, plans, CEQA documentation, and other materials, exhibits and evidence submitted to the City in connection with this matter, the required findings are made and Application No. MOD11- 0001 Modification of Design Review Approval is approved subject to the conditions set forth below. CONDITIONS OF APPROVAL A. 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, OR BUILDING 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 ACCEPTABLE 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 IT’S EQUIVALENT. 5 Application Numbers: MOD11-0001/18770 Allendale Avenue 17 3. CONDITIONS MAY BE MODIFIED ONLY BY THE PLANNING COMMISSION UNLESS MODIFICATION IS EXPRESSLY OTHERWISE ALLOWED BY THE CITY CODE INCLUDING BUT NOT LIMITED TO SECTIONS 15-80.120 AND/OR 16-05.035, AS APPLICABLE. PLANNING DEPARTMENT 4. The development shall be located and constructed as shown on Exhibit "A" date stamped May 29, 2008 incorporated by reference including modifications dated December 3. 2010. All changes to the approved plans must be submitted in writing with plans showing the changes and are subject to the Community Development Director’s and/or Planning Commission approval. 5. All activities on the site shall be those that are incidental to the use of the site as a religious facility. 6. The project shall utilize materials illustrated on the modified materials board received January 11, 2011 7. Prior to project approval, the applicant shall submit a color board for the project that shows a compatible color scheme for the proposed church and the existing structures on the site. This color board shall be submitted for the review and approval by the Planning Commission. 8. Prior to project approval, the applicant shall submit and exterior lighting plan that complies with Section 15-35.040(i) of the Zoning Ordinance. Specifically, the plan shall indicate that no exterior lighting fixtures shall allow direct light rays to leave the project site, or allow direct light sources (incandescent, fluorescent, or other forms of electric illumination) to be directly visible from off-site locations. The plan shall also show that light levels will not exceed 100 foot lamberts anywhere on the site. The plan shall be subject to review and approval by the Planning Commission. 9. The following notes shall be incorporated on the grading and building plans prior to issuance of grading or building permits, and the measures shall be implemented during construction activities: a) Water all active construction and disturbed areas at least twice daily during dry periods b) Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. c) Pave, apply water three times daily, or apply nontoxic soil stabilizers on all unpaved access roads, parking areas, and staging areas at constructions sites. 6 Application Numbers: MOD11-0001/18770 Allendale Avenue 18 d) Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at constructions sites. Dust, sediment, or debris shall not be washed into the storm drain system. e) Excavation and grading activities shall be suspended and dust control measures shall be implemented when winds exceed 25 mph. 10. Prior to building permit issuance, the applicant shall incorporate via a note on the first page of the construction plans, that should cultural resources be encountered during site grading or other site work, such work shall immediately be halted in the area of discovery and the applicant shall immediately notify the Community Development Director of the discovery. The applicant shall be required to retain the services of a qualified archeologist for the purpose of recording, protecting, analyzing, and curating the discovery as determined by the archaeologist and Community Development Director as appropriate. The cost of the qualified archaeologist and of any recording, protecting, or curating shall be borne solely by the applicant. The archaeologist shall be required to submit a Cultural Resources Management Plan, per City Requirements, to the Community Development Director for reviewed and approval that outlines the findings and mitigation methods of curation and/or protection of the resources. No further grading or site work within the area of discovery shall be allowed until the preceding has occurred. Disposition of Native American remains shall comply with CEQA Guidelines Section 15064.5(e). The note on the plans shall be subject to review and approval of the Planning Department. 11. Prior to building permit issuance, the applicant shall submit plans for the review and approval of the Building Department. These plans shall indicate that the project will comply with all State building codes. 12. During all phases of construction, the applicant shall install and maintain temporary safety fencing to restrict or prevent public access to active on-site construction activities, materials, or chemicals. 13. The following construction noise control measures shall be implemented by the applicant in order to limit the amount of noise generated during the construction period. a) Limit construction to the daytime hours between 7:30 am to 6:00 pm Monday through Friday, and 9:00 am to 5:00 pm on Saturday, with no construction activities allowed on Sundays or holidays per Sec. 7-30.060 of the Saratoga City Code. b) Construction activities or equipment shall not generate noise levels exceeding 83 dBA at any point 25 feet from the source of noise per Section 7-30.060 of the Saratoga Municipal Code. 7 Application Numbers: MOD11-0001/18770 Allendale Avenue 19 c) Utilize “quiet” models of air compressors and other stationary noise sources where such technology is reasonably available as determined by the Community Development Director. d) Prohibit unnecessary idling of internal combustion engines. e) Equip al internal combustion engine equipment with intake an exhaust mufflers that are in good condition and appropriate for the equipment. f) Locate stationary noise generating equipment as far as possible from noise sensitive receptors. g) Designate a noise disturbance coordinator who will be responsible for responding to any local complaints about construction noise. The applicant’s disturbance coordinator will determine the cause of the noise complaint’s (e.g., starting to earl, bad muffler, etc.) and institute reasonable measures warranted to correct the problem. Conspicuously post a telephone number for the disturbance coordinator at the construction site. 14. All building interior lighting shall be on a timer or motion detector to ensure that the lights do not remain on during the evening. 15. A soils report for the project site shall be prepared prior to the application for a building permit. This report shall be submitted at the time of application. All new construction shall comply with the provisions of the geotechnical report and with the provisions of the most current Uniform Building Code (UBC), portions of which are directed at minimizing seismic risk and preventing loss of life and property in the event of an earthquake. 16. So as to limit short term soil erosion and increased sediment, all conditions of the approved grading and drainage permit shall be implemented. 17. All conditions of the grading and drainage permit as required by the Public Works Department shall be met. A storm water retention plan indicating how all storm water will be retained on site shall be submitted and reviewed by staff prior to issuance of a building permit. 18. The applicant shall adhere to all recommendations contained in the Mitigation Monitoring Plan. 19. The Church shall comply with all applicable City Code provisions. 20. The following shall be required and/or included as to the plans submitted to the Building Division for the building plan check review process: 8 Application Numbers: MOD11-0001/18770 Allendale Avenue 20 a. Four (4) sets of complete construction plans incorporating this Resolution and the approved Mitigation Monitoring Plan as separate plan pages. b. The following note shall be included verifying building setback: “Prior to foundation inspection by the City, the Licensed Land Surveyor of record shall provide a written certification that all building setbacks are per approved plans.” 21. A storm water retention plan shall be submitted to the City for review and approval indicating how all storm water will be retained on-site, and incorporating the New Development and Construction - Best Management Practices. If all storm water cannot be retained on-site due to topographic, soils or other constraints, an explanatory note shall be provided on the plan. 22. Staff shall not approve downgrading to the exterior appearance of the approved project. Downgrades may include, but are not limited to architectural detailing, stonework, columns, shutters, driveway materials, or similar items. Any exterior changes to approved plans resulting in a downgrade shall require filing an additional application and fees for review by the Planning Commission as a modification to approved plans. Any other exterior changes to the approved plans, which are not deemed a downgrade by staff, shall require a Zoning Clearance issued by the Community Development Director with payment of appropriate fees. 23. The landscape plan shall be designed with efficient irrigation to reduce runoff, promote surface infiltration and minimize use of fertilizers and pesticides that can contribute to water pollution. 24. 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. 25. To the extent feasible, pest resistant landscaping plants shall be used throughout the landscaped area, especially along any hardscape areas. 26. 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. 27. Existing native trees, shrubs, and ground cover, if applicable, shall be retained and incorporated into the landscape plan to the maximum extent possible. 9 Application Numbers: MOD11-0001/18770 Allendale Avenue 21 28. All processing fees, in the form of deposit accounts on file with the community development department, shall be reconciled with a minimum $500.00 surplus balance at all times. In the event that the balance is less than $500.00, all staff work on the project shall cease until the balance is restored to a minimum $500.00. CITY ARBORIST 29. All recommendations contained in the City Arborist Report dated May 25, 2006, shall be followed. 30. Tree protective measures, as specified by the City Arborist, shall be installed and inspected by Staff prior to issuance of City Permits. 31. Prior to issuance of City Permits, the applicant shall submit to the City, in a form acceptable to the Community Development Director, security equivalent to $95,150 to guarantee the maintenance and preservation of trees. 32. The City Arborist shall inspect the site to verify compliance with tree protective measures. The bond shall be released after the planting of required replacement trees, a favorable site inspection by the City Arborist, and payment of any outstanding Arborist fees. 33. Prior to removal or pruning of any native tree species with a diameter of six inches or greater measured at breast height, or for any tree species with a diameter of 10 inches or greater measured at breast height, the applicant shall obtain a tree removal or pruning permit from the City of Saratoga and comply with any conditions imposed by the tree removal or pruning permit. Such conditions shall include replacement of such trees with replacement tree or equal value to the trees to be removed. 34. Prior to removal or pruning of any native tree species with a diameter of six inches or greater measured at breast height, or for any tree species with a diameter of 10 inches or greater measured at breast height, the applicant shall comply with all recommendations in the Arborist Report that was prepared for the project. FIRE DISTRICT 35. Applicant shall comply with all Saratoga Fire Department conditions. PUBLIC WORKS 36. The owner/applicant shall install concrete sidewalk along the property frontage. Sidewalk design and setback from the roadway shall match existing sidewalk along 10 Application Numbers: MOD11-0001/18770 Allendale Avenue 22 Allendale Avenue at Camino Barco. Plans and specifications for the sidewalk and driveway approach shall be submitted to the Public Works Department for approval. 37. The owner shall landscape area between the sidewalk and Allendale Avenue. Irrigation system shall be installed if necessary. The landscape area shall be maintained by the owner in perpetuity. 38. Landscape Maintenance Agreement for the maintenance of the landscaped area per the condition above shall be recorded with the County Recorder’s Office. 39. An Encroachment Permit issued by the Public Works Department is required for the new sidewalk, new driveway approach, landscaping, and other improvements in any portion of the public right-of-way or of a public easement. The Encroachment Permit shall be obtained prior to commencement of the improvements. 40. The 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. Certification of engineered stormwater treatment by a qualified person shall be required to confirm that the plan meets the criteria established in Provision C.3 prior to issuance of building permits. Post-construction operation and maintenance of storm water treatment BMP’s shall be the responsibility of the owner. Maintenance Agreement between the City and the owner shall be recorded prior to final occupancy approval. 41. Prior to beginning of construction, the applicant shall file a Notice of Intent (NOI) with the Regional Water Quality Control Board to obtain coverage under the State General Construction Activity NPDES Permit. Satisfactory evidence of the filing of the NOI shall be furnished to the City. The applicant shall comply with all provisions and conditions of the State Permit, including preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP). Copies of the SWPPP shall be submitted to the City prior to beginning of construction and maintained on site at all times during construction. CITY ATTORNEY 42. The Church shall indemnify, hold harmless and defend the City, its employees, agents, independent contractors and volunteers (collectively “City) from any and all costs and expenses, including but not limited to attorney’s fees incurred by the City or held to be the liability of City in connection with City’s defense in any proceeding brought by the State or Federal Court, challenging the City’s action with respect to this Permit or contesting any action or inaction in the City’s processing and/or approval of this Permit. 11 Application Numbers: MOD11-0001/18770 Allendale Avenue 23 12 Application Numbers: MOD11-0001/18770 Allendale Avenue PASSED AND ADOPTED by the City of Saratoga Planning Commission this 9th day of February 2011 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Mary-Lynne Bernald Chair, Planning Commission ATTEST: ___________________________________ Christopher A. Riordan, AICP Secretary to the Planning Commission ACCEPTANCE BY APPLICANT AND OWNER This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the time required in this Resolution by the City of Saratoga Planning Commission. __________________________________ ____________________________ Property Owner or Authorized Agent Date 24 25 26 27 28 29 30 31 32 33 34 35 36 37