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HomeMy WebLinkAbout09-11-13 Planning Commission Agenda PacketTable of Contents Agenda 2 August 28, 2013 Draft Minutes 4 Application MOD13-0008; 18870 Allendale Avenue (397-01- 014) St. Archangel Michael Serbian Church - The applicant is requesting modifications to the conditions of their use permit related to permitted uses within the church facilities. Staff Contact: James Lindsay (408)868-1231 Staff Report 7 Att. 1 Resolution 11 Att. 2 City Council Resolution 07-067 16 Application VAR13-0001,MOD13-0009; 20951 Canyon View Drive (503-28-008); Nader Sarnevesht - The applicant requests Variance approval for recently constructed retaining walls with heights greater than three feet within the front setback area and greater than five feet in height elsewhere on the site. The applicant is also requesting approval of Design Review modifications that have been constructed but were not originally approved by the Planning Commission. Staff Contact: Christopher Riordan 408-868-1235 Memo 22 1 AGENDA REGULAR MEETING SARATOGA PLANNING COMMISSION Wednesday, September 11, 2013 REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES Action Minutes from the Regular Planning Commission Meeting of August 28, 2013 COMMUNICATIONS FROM COMMISSION & PUBLIC Oral Communications on Non-Agendized Items Any member of the Public will be allowed to address the Planning Commission for up to three (3) 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. 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. PUBLIC HEARING All interested persons may appear and be heard at the above time and place. Applicants 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. Applicants and their representatives have a total of five minutes maximum for closing statements. 1. Application MOD13-0008; 18870 Allendale Avenue (397-01-014) St. Archangel Michael Serbian Church - The applicant is requesting modifications to the conditions of their use permit related to permitted uses within the church facilities. Staff Contact: James Lindsay (408)868-1231 Recommended action: Adopt Resolution No. 13-034 approving the modifications as recommended by staff. 2. Application VAR13-0001,MOD13-0009; 20951 Canyon View Drive (503-28-008); Nader Sarnevesht - The applicant requests Variance approval for recently constructed retaining walls with heights greater than three feet within the front setback area and greater than five feet in height elsewhere on the site. The applicant is also requesting approval of Design Review modifications that have been constructed but were not originally approved by the Planning Commission. Staff Contact: Christopher Riordan 408-868-1235 Recommended action: Table the item, staff will re-notice the public hearing for future date. 2 DIRECTOR/COMMISSION COMMUNICATION ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the Planning Commission by City Staff in connection with this agenda are available at the office of the Community Development at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the Planning Commission concurrently with the posting of the agenda are also available on the City website at www.saratoga.ca.us. Any materials distributed by staff after the posting of agenda are available for public review at the Community Development Department at the time they are distributed to the Planning Commission. 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). CERTIFICATE OF POSTING OF AGENDA I, Abby Ayende, Office Specialist III for the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning Commission was posted and available for public review on September 5, 2013 at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us. You can also sign up to receive email notifications when Commission agendas and minutes have been added to the City at website http://www.saratoga.ca.us/contact/email_subscriptions.asp. NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at www.saratoga.ca.us 3 ACTION MINUTES REGULAR MEETING SARATOGA PLANNING COMMISSION Wednesday, August 28, 2013 REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL Almalech, Bernald, Grover, Hlava, Smullen, Walia & Zhao APPROVAL OF MINUTES Action Minutes from the Regular Planning Commission Meeting of August 14, 2013 COMMUNICATIONS FROM COMMISSION & PUBLIC Oral Communications on Non-Agendized Items Any member of the Public will be allowed to address the Planning Commission for up to three (3) 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. 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. PUBLIC HEARING All interested persons may appear and be heard at the above time and place. Applicants 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. Applicants and their representatives have a total of five minutes maximum for closing statements. 1. Application VAR13-0001,MOD13-0009; 20951 Canyon View Drive (503-28-008); Nader Sarnevesht - The applicant requests Variance approval for recently constructed retaining walls with heights greater than three feet within the front setback area and greater than five feet in height elsewhere on the site. The applicant is also requesting approval of Design Review modifications that have been constructed but were not originally approved by the Planning Commission. Staff Contact: Christopher Riordan 408-868-1235 Action: Continued the public hearing to September 11, 2013. (7:0) 2. Application PDR13-0007 & VAR 13-0002; 14656 Sixth Street (517-08-003); Tom Tang / Farnaz Khadvi; The applicant requests approval to replace a non-conforming 618 square foot home with a new 3,138 square foot two-story home. The applicant is also requesting a variance for reduced front and side yard setbacks. Staff Contact: Cynthia McCormick (408) 868-1230 Action: Continued the public hearing to September 25, 2013. (7:0) 4 3. Application ZOA13-0006; City Wide - Annual Update to Chapter 15 (Zoning) of the City Code. Staff Contact: Christopher Riordan 408-868-1235 Action: Approved with modifications to the resolution recommending that the City Council adopt an ordinance which includes various amendments to Chapter 15 (Zoning) of the Saratoga City Code. (7:0) Added the word “medical waste” to the Professional Office Definition Professional office means a use providing professional or consulting services including therapists and healing arts professionals and other similar service providers that do not create significant odors, noise, or medical waste. Reworded the definition of “Subterranean Structure” 15-06.685 Subterranean Structure “Subterranean Structure” includes a cellar, bunker, or other structure that (a) is not located beneath the building footprint of a structure; (b) does not encroach into setback areas; and (c) is located wholly underground except for required ingress/egress, lighting and ventilation. Subterranean Structures are to be included in the calculation of impervious area. Replaced the deleted text limiting temporary event signs to a size not exceeding ten feet in height and sixty feet in area (d) Temporary special event signs, included with as approved under a special event permit issued per City Code Article 10-10. There shall be no more than eight temporary signs per event and nNo individual sign shall exceed ten feet in height and sixty square feet in area. Removed the word “fireplaces” from the limitations on the number of fireplaces allowed per lot when referring to gas-fired fireplaces 15-48.030 - Limitations. a) Only one wood-burning fireplaces per structure (e.g., main residence, guest house) lot or per multi- family dwelling unit (in multiple-family projects) may be installed in any new construction. All fireplaces in excess of one installed in new construction shall be gas-fired fireplaces(natural or propane) with dedicated gas jets, direct venting, convection chambers, heat exchanger, variable heat output and flame control, and permanently affixed artificial logs. Excluded are existing fireplaces, regardless of how many exist. (b) It is unlawful to burn garbage, plastics, rubber, paints, solvents, oil, treated wood products, particle board, glossy or treated paper, coal, or any other material that produces noxious or toxic emissions when burned in a wood-burning fireplace. Add the word “height” to the limits on reconstructed structures destroyed by natural disasters 15-65.070 Reconstruction following involuntary damage to or destruction of nonconforming structure. (a) Reconstruction to previous configuration. A nonconforming structure which is involuntarily damaged or destroyed by fire, flood, earthquake, vandalism or other catastrophic event not exceeding seventy-five percent of the construction cost thereof may be reconstructed up to its previous configuration (as to both horizontal and vertical building envelope) so long as such reconstruction provided that the reconstruction does not exceed the structure's predamaged height, first and second story footprint, and does not restore, create or result in a health and/or safety hazard. If the damaged or destroyed 5 structure qualifies as a heritage resource as defined in Chapter 13, it may be reconstructed, in compliance with Chapter 13 and this subsection, in a manner that reproduces the design of the predamaged structure to the maximum extent feasible, even if damaged or destroyed up to one hundred percent of the construction cost thereof. NEW BUSINESS Report on Senate Bill No. 1 - Sustainable Communities Investment Authority Action: Received report DIRECTOR/COMMISSION COMMUNICATION ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the Planning Commission by City Staff in connection with this agenda are available at the office of the Community Development at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the Planning Commission concurrently with the posting of the agenda are also available on the City website at www.saratoga.ca.us. Any materials distributed by staff after the posting of agenda are available for public review at the Community Development Department at the time they are distributed to the Planning Commission. 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). CERTIFICATE OF POSTING OF AGENDA I, Abby Ayende, Office Specialist III for the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning Commission was posted and available for public review on August 22, 2013 at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us. You can also sign up to receive email notifications when Commission agendas and minutes have been added to the City at website http://www.saratoga.ca.us/contact/email_subscriptions.asp. NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at www.saratoga.ca.us 6 REPORT TO THE PLANNING COMMISSION Meeting Date: September 11, 2013 Application: MOD13-0008 Location / APN: 18870 Allendale Avenue / 397-01-014 Owner/Applicant: St. Archangel Michael Church / Chris Milosovich Staff Planner: James Lindsay SITE 18870 Allendale Avenue 7 BACKGROUND St. Archangel Michael Serbian Eastern Orthodox Church (Church) located at 18870 Allendale Avenue was issued Conditional Use Permits (CUPs) in 1961 and 1968 authorizing a church center and a parish residence, classroom addition, and future sanctuary. On June 13, 2007, the Planning Commission conducted a hearing for modification / revocation of the Church’s CUPs due to allegations by surrounding neighbors that the Church was in violation of those CUPs. The Commission concluded that; (1) there were no CUP violations given the lack of detailed terms and conditions of the past CUPs, and (2) that imposition of clarifying conditions was warranted given the circumstances surrounding the issues raised by the neighbors. The Commission therefore approved Conditional Use Permit 07-384 (consolidating the previous CUPs) with conditions establishing detailed operating parameters for use of the Church property and buildings. This approval was upheld by the City Council on appeal through their adoption of Resolution No. 07-067 with no substantial changes to the conditions of approval. PROJECT DECRIPTION The Church submitted an application on August 13, 2013, requesting modifications to the conditions in Resolution No. 07-067 to add clarity that banquets, weddings, and wedding receptions are permitted incidental uses. The modifications are shown below in strike-thru and underline text followed by a staff analysis and recommendation. Condition No. 3: The use shall consist of operation of a "Religious institution" which is defined as "a use providing facilities for organized religious worship and religious education and other activities incidental thereto." For a use to qualify as "incidental" to the "organized religious worship and religious education" of the Church, the events and/or activities: (a) must be directly related to the religious objectives of the Church; (b) must not involve mere commercial rental of Church facilities to the public; (c) must not involve commercial catering for public events; and (d) must be one of the following: (a) intrinsically religious; (b) directly related to a religious activity (e.g. fellowship meeting); or (c) predominately fundraising for the Church. Analysis and Recommendation: The purpose of this condition is to clarify and define the permitted incidental uses of the Church. The terms “commercial rental and catering” could conflict with their desire to host banquets, weddings, and wedding receptions as many other churches in the City are permitted to do. Condition No. 6: Upon holding any and all prerequisite licenses or permits, the Church may prepare, and serve food to Church members, users and guests on the Church premises for a voluntary donation, but only if incidental to the Church's organized religious worship, education and objectives. The Church may not operate or advertise as a restaurant open to the public as defined in Article 15-06 of the City Code. The Church shall have an on-site manager for any use of the hall. Page 2 of 4 8 Analysis and Recommendation: Staff supports this modification as it commits to having someone from the Church on-site to manage the use of the buildings and to ensure these conditions are being complied with. Condition No. 7: Upon holding any and all prerequisite licenses or permits, the Church may serve alcoholic beverages to Church members and guests on the Church premises for a voluntary donation, but only if incidental to the Church's organized religious worship, education and fundraising objectives. The Church may not operate or advertise as a restaurant (which includes a bar) open to the public as defined in Article 15-06 of the City Code. The Church may charge for alcoholic beverages at weddings it caters. Analysis and Recommendation: Staff has no objections to this change. The condition already clearly states they can charge for alcoholic beverages at weddings. The Church wishes to add clarity that other fundraising activities such as banquets or receptions are included. Condition No. 8: Upon holding any and all prerequisite licenses or permits, the Church may provide and charge for on-site catering service to Church members, users and guests, but only if incidental to the Church's organized religious worship, and religious education, or fundraising. This may include weddings and banquets for religious purposes consistent with Church Bylaws. Excluding Orthodox Easter and Orthodox Christmas, catered activities and events to the extent allowed shall be limited to the time between 9:00 a.m. and 10:00 p.m., except: (1) on Friday or Saturday when such hours may be expanded to be between 8:00 a.m. and 11 :00 pm.; and (2) on Sunday when such hours are reduced to be between 8:00 a.m. and 9:00 p.m. Delivery vehicles shall only be allowed on-site between 8:00 a.m. and 10:00 p.m., except: (1) on Friday or Saturday when such hours may be expanded to be between 8:00 a.m. and 11:00 pm.; and (2) on Sunday when such hours are reduced to be between 8:00 a.m. and 9:00 p.m. The Church may not cater off-site events. Analysis and Recommendation: Staff has no objections to this change. These modifications have a similar purpose to those for Condition No. 7. Condition No. 17: Current modifications to this conditional use permit will be subject to a trial period of six months. No later than September 19,2008, both the Church and the Neighborhood Group shall submit a letter to the Planning Commission addressing whether there has been compliance with the conditions of this modified Use Permit. The Planning Commission shall thereafter determine whether to place this modified Use Permit on the Commission's Agenda for further review. Analysis and Recommendation: Staff supports the willingness of the Church to be subject to a review of these modifications in six months but recommends the Page 3 of 4 9 Page 4 of 4 following wording for this change: “Compliance with conditions of this Use Permit will be subject to a review by the Planning Commission at a noticed public hearing held in April 2014.” ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act, the recommended modifications to Use Permit 07-384 is exempt under CEQA Guidelines Section 15061(b)(3) (because it can be seen with certainty that there is no possibility that the modification may have a significant effect on the environment because any such modification would merely clarify the existing conditions and regulations applicable to the Church) and under CEQA Guidelines Section 15308 (because the modifications would merely assure the maintenance or protection of the environment). STAFF RECOMMENDATION: Adopt Resolution No. 13-034 approving the modifications as recommended by staff. ATTACHMENTS: 1. Proposed Resolution 2. Original City Council Resolution No. 07-067 10   RESOLUTION NO. 13-034 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SARATOGA APPROVING MODIFICATIONS OF USE PERMIT 07-384 APPLICABLE TO ST. ARCHANGEL MICHAEL CHURCH AT 18870 ALLENDALE AVENUE, SARA TOGA CALIFORNIA WHEREAS, an application was submitted by St. Archangel Michael Church to modify conditions of approval for Conditional Use Permit 07-384 established by City Council Resolution No. 07-067. WHEREAS, the Subject Property is located in a Residential Zoning District (R-1- 40,000) and pursuant to City Code Section 15-12.030(e) "religious institutions" are allowed in the R-140,000 Zoning District as conditional uses upon issuance of a Conditional Use Permit; and WHEREAS, pursuant to the California Environmental Quality Act, the recommended modification of Use Permit 07-384 is exempt under CEQA Guidelines Section 15061(b)(3) (because it can be seen with certainty that there is no possibility that the modification may have a significant effect on the environment because any such modification would merely clarify the existing conditions and regulations applicable to the Church) and under CEQA Guidelines Section 15308 (because the modification would merely assure the maintenance or protection of the environment); and WHEREAS, on September 11, 2013 the Planning Commission conducted a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the Planning Commssion finds that all of the findings for approval required within Section 15-55.070 of the City Code can be made in the affirmative if Use Permit 07-384 is modified as set forth in this Resolution. The following is a discussion of each of the required findings for approval: (a) That the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located. The use is a conditionally permitted use in the designated zoning district (R-1-40,000). Section l5-12.010(d) provides that one of the purposes of the residential zoning districts is to provide space for community facilities needed to complement residential areas and for institutions, which require a residential environment. (b) That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. Appropriate conditions have been placed on the modified Use Permit to ensure 11 preservation of the public health, safety and welfare and prevent any materially injurious impacts to properties or improvements in the vicinity. (c) That the proposed conditional use will comply with each of the applicable provisions of this Chapter. With the modifications required, the Church will comply with each of the applicable provisions of the City Zoning Regulations. (d) That the proposed conditional use will not adversely affect existing or anticipated uses in the immediate neighborhood and will not adversely affect surrounding properties or the occupants thereof With the modifications required, the Church will not adversely affect existing or anticipated uses in the immediate neighborhood and will not adversely affect surrounding properties or the occupants thereof.   NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the evidence and the City Code the Planning Commission hereby approves the exemption from CEQA (finding that no exception thereto applies), makes the above findings, and modifies conditions on Use Permits 07-384 as follows: COMMUNITY DEVELOPMENT DEPARTMENT 1. Use Permits 29 and 147 issued to the St. Archangel Michael Serbian Orthodox Church ("Church") in 1961 and 1968 respectively are hereby combined and superseded by this new Use Permit. 2. This Use Permit confirms the authorization for the use of the structures and parking areas currently located on the real property known as Santa Clara County APN 397-01-014 for a Church Center comprised of a classroom (also used as a sanctuary), social hall, a parish residence, recreational fields (including basketball court), parking for all of the same and associated access and other minor improvements. All future changes to the existing structures must be submitted to the Community Development Department in writing with plans showing the changes and such changes shall be subject to the requisite prior City approval. 3. The use shall consist of operation of a "Religious institution" which is defined as "a use providing facilities for organized religious worship and religious education and other activities incidental thereto." For a use to qualify as "incidental" to the "organized religious worship and religious education" of the Church, the events and/or activities must be one of the following: (a) intrinsically religious; (b) directly related to a religious activity (e.g. fellowship meeting); or (c) predominately fundraising for the Church. Any intensification of this use beyond that in existence on September 19, 2007 shall require an amended Conditional Use Permit. 12 4. The Church is prohibited from using, renting or allowing others to use the Church properties for activities and events not directly related to the religious objectives of the Church. Activities directly related to the operation of the Church include, but are not limited to, Worship services, Sunday school, meetings, lectures, educational programs (including Orthodox Christian dance lessons), banquets, weddings, and fundraisers, so long as they are incidental to the organized religious worship and religious education purposes of the Church and any charges for attendance go to the Church for use for its religious purposes. 5. The Planning Commission shall retain continuing jurisdiction over the Conditional Use Permit and may, at any time, modify, delete, or impose, any new conditions of the permit in order to preserve a substantial right of the applicant, or to preserve the public health, safety or welfare, or to prevent the creation or continuance of a public nuisance, or where such action is necessary to preserve or restore any of the findings set forth in Section 15-55.070 of this Article. 6. Upon holding any and all prerequisite licenses or permits, the Church may prepare, and serve food to Church members, users and guests on the Church premises for a voluntary donation, but only if incidental to the Church's organized religious worship, education and objectives. The Church may not operate or advertise as a restaurant open to the public as defined in Article 15-06 of the City Code. The Church shall have an on-site manager for any use of the hall. 7. Upon holding any and all prerequisite licenses or permits, the Church may serve alcoholic beverages to Church members and guests on the Church premises for a voluntary donation, but only if incidental to the Church's organized religious worship, education and fundraising objectives. The Church may not operate or advertise as a restaurant (which includes a bar) open to the public as defined in Article 15-06 of the City Code. The Church may charge for alcoholic beverages at weddings it caters. 8. Upon holding any and all prerequisite licenses or permits, the Church may provide and charge for on-site catering service to Church members and guests, but only if incidental to the Church's organized religious worship and religious education or fundraising. This may include weddings and banquets for religious purposes consistent with Church Bylaws. Excluding Orthodox Easter and Orthodox Christmas, catered activities and events to the extent allowed shall be limited to the time between 9:00 a.m. and 10:00 p.m., except: (1) on Friday or Saturday when such hours may be expanded to be between 8:00 a.m. and 11 :00 pm.; and (2) on Sunday when such hours are reduced to be between 8:00 a.m. and 9:00 p.m. Delivery vehicles shall only be allowed on-site between 8:00 a.m. and 10:00 p.m., except: (1) on Friday or Saturday when such hours may be expanded to be between 8:00 a.m. and 11:00 pm.; and (2) on Sunday when such hours are reduced to be between 8:00 a.m. and 9:00 p.m. The Church may not cater off-site events. 9. Public dances are prohibited and use of any Church facility as a public dance hall is also prohibited. Dance Lessons are required to be conducted as educational classes for the preservation of church-related Orthodox Christian traditions and shall not be allowed to evolve into public dances. In order to comply with this condition, no advertisement may 13 invite the general public, the educational aspect shall predominate, and no admission may be charged (other than a suggested donation clearly noticed as voluntary only). 10. Excluding Orthodox Easter Holy week and Orthodox Christmas, non-catered activities and events to the extent allowed shall be limited to the time between 9:00 a.m. and 10:00 p.m., except: (1) on Friday or Saturday when such hours may be expanded to be between 8:00 a.m. and 11:00 pm.; and (2) on Sunday when such hours are reduced to be between 8:00 a.m. and 9:00p.m. 11. The Church shall comply with Article 7-30 of the City Code governing Noise Control. 12. The Church shall comply with all applicable City Code provisions. 13. The Church shall only use APN 397-01-014 for parking. In addition, the Church shall be required to either construct a fence or other permanent feature separating the parcel on which the Church is located from APN 397-01-012, which shall be subject to prior approval by the Community Development Director. Installation by the Church shall be completed within 60 days after final action by the City Council approving this modified Use Permit. 14. As to the identification sign and the Cross, within 60 days the Church shall either: (1) provide proof of prior City approval; (2) obtain a permit; or (3) or remove such features. 15. The proposed use shall at all times operate in compliance with all regulations of the City and/or other agencies having jurisdictional authority over the use pertaining to, but not limited to, health, sanitation, safety, and water quality issues. The Church shall contact Santa Clara County Health Department and verify whether there are any required permits from said Health Department. If required by the Santa Clara County Health Department, the Church shall submit to the Community Development Department documentation from the Santa Clara County Health Department showing proof of compliance of the proposed use and/or development with the Health Department's requirements. 16. Prior to the issuance of this combined, modified Use Permit, the Church shall pay any outstanding fees associated with the City review of the Use Permits 29 and 147 under City Code Section 15-55.100. 17. Compliance with conditions of this Use Permit will be subject to a review by the Planning Commission at a noticed public hearing held in April 2014. CITY ATTORNEY 18. 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 in any State or Federal Court, challenging the City's action with respect to the this Permit or contesting any action or inaction in the City's processing and/or approval of this Permit. 14 Section 2. The uses by the Church shall maintain compliance with all applicable requirements of the State, County, City and other Governmental entities having jurisdiction. Section 3. Unless appealed pursuant to the requirements of Article 15-90 of the City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 11th day of September 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Joyce Hlava Chair, Planning Commission 15 16 17 18 19 20 21 PLANNING COMMISSION MEMORANDUM TO: Planning Commission FROM: Christopher Riordan, AICP MEETING DATE: September 11, 2013 SUBJECT: 20951 Canyon View Drive / VAR13-0001, MOD13-0009 The applicant has not yet provided staff an update to the impervious coverage calculations for the project located at 20951 Canyon View Drive. This information is needed by staff to fully evaluate the pathway and viewing deck that were constructed in the rear yard. Staff is recommending that the item be tabled. Staff will re-notice the item for a future Planning Commission meeting. 1 22