HomeMy WebLinkAbout07-09-14 Planning Commission Agenda PacketTable of Contents
Agenda 2
June 25, 2014
Draft Minutes 4
Application CUP14-0003; 13631 Saratoga Ave; 393-25-029; St.
Andrews Parish and School - The applicant is requesting
approval to move an existing portable classroom to an adjacent
location. Staff Contact: Cynthia McCormick (408) 868-1230.
Staff Report 6
Resolution 10
Plans 14
Application No. ELN14-0003; 13591 Beaumont Avenue / 393-39
-030; Beverly Yu & Willson Huang; The applicant is proposing
an addition to a legal non-conforming structure. The project will
result in expenditure of approximately 48% of the estimated
construction valuation of the existing structure. Staff Contact:
Chris Riordan (408) 868-1235.
Staff Report 18
Attachment 1 - Resolution 20
Attachment 2 - Development Plans 24
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AGENDA
REGULAR MEETING
SARATOGA PLANNING COMMISSION
Wednesday, July 09, 2014
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 June 25, 2014
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 CUP14-0003; 13631 Saratoga Ave; 393-25-029; St. Andrews Parish and School - The
applicant is requesting approval to move an existing portable classroom to an adjacent location. Staff
Contact: Cynthia McCormick (408) 868-1230.
Recommended action:
Approve Resolution No. 14-024 approving the project subject to conditions of approval.
NEW BUSINESS
1. Application No. ELN14-0003; 13591 Beaumont Avenue / 393-39-030; Beverly Yu & Willson Huang; The
applicant is proposing an addition to a legal non-conforming structure. The project will result in
expenditure of approximately 48% of the estimated construction valuation of the existing structure. Staff
Contact: Chris Riordan (408) 868-1235.
Recommended action:
Adopt Resolution No. 14-026 approving the major alteration subject to conditions of approval.
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DIRECTOR/COMMISSION COMMUNICATION
ADJOURNMENT
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 July 2, 2014 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
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ACTION MINUTES
REGULAR MEETING
SARATOGA PLANNING COMMISSION
Wednesday, June 25, 2014
REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777
FRUITVALE AVENUE
ROLL CALL
PRESENT Commissioners Leonard Almalech, Wendy Chang, Kookie Fitzsimmons,
Dede Smullen, Tina Walia, Chair Mary-Lynne Bernald
ABSENT Commissioner Grover (excused)
ALSO PRESENT Christopher Riordan, Senior Planner
COMMUNICATIONS FROM COMMISSION & PUBLIC
APPROVAL OF MINUTES
Approve Action Minutes from the Regular Planning Commission Meeting of June 11, 2014.
Action:
WALIA/CHANG MOVED TO APPROVE THE JUNE 11, 2014 MINUTES WITH
MODIFICATIONS. MOTION PASSED. AYES: ALMALECH, BERNALD, CHANG,
FITZSIMMONS, WALIA. NOES: NONE. ABSENT: GROVER. ABSTAIN: SMULLEN.
PUBLIC HEARINGS
1. Application SUB13-0006, ENV13-0002, GPA14-003; 22700 Mount Eden Road (Subdivision); APN's 503-
09-020,030; 503-10- 003,005,006,007,029,044,067; 503-13-038,138; and 503-80-002,003,005,007,008
(General Plan Amendment); Sholeh Diba Goetting/The City of Saratoga - The applicant proposes to
subdivide an 11.89 acre site located at 22700 Mount Eden Road into three parcels ranging in size from 3.33
to 3.42 net acres. The project has been the subject of a Mitigated Negative Declaration under the California
Environmental Quality Act. The project also includes a City initiated General Plan Land Use Amendment
to change the land use designation of 16 recently annexed parcels from Hillside Open Space (OS-H) to
Residential Hillside Conservation (RHC). Staff Contact: Chris Riordan (408) 868-1235
Action:
SMULLEN/WALIA MOVED TO ADOPT RESOLUTION 14-023 WITH CHANGES TO
THE CONDITIONS:
1. Strike condition #35 as duplicate and reorder the conditions.
2. Page 4. #6 Add the word map after tentative.
MOTION PASSED. AYES: ALMALECH, BERNALD, CHANG, FITZSIMMONS, SMULLEN,
WALIA. NOES: NONE. ABSENT: GROVER. ABSTAIN: NONE.
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SMULLEN/WALIA MOVED TO ADOPT RESOLUTION 14-022. MOTION PASSED.
AYES: ALMALECH, BERNALD, CHANG, FITZSIMMONS, SMULLEN, WALIA. NOES:
NONE. ABSENT: GROVER. ABSTAIN: NONE.
DIRECTOR/COMMISSION COMMUNICATION
ADJOURNMENT
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REPORT TO THE
PLANNING COMMISSION
Meeting Date: July 9, 2014
Application: Conditional Use Permit (CUP14-0003)
Location / APN: 13631 Saratoga Ave; 393-25-029
Main Campus: 13601 Saratoga Ave; 393-25-023/393-25-022
Owner / Applicant: St. Andrews Parish and School
Staff Planner: Cynthia McCormick
13631 SARATOGA AVENUE
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SUMMARY
STAFF RECOMMENDATION:
Approve Resolution No. 14-024 approving the project subject to conditions of approval.
SITE HISTORY
St. Andrews Parish and School are located at 13601 Saratoga Avenue and have a
Residential Zoning designation and a Community Facility General Plan designation. The
Parish was established in 1957 based on City records. The Parish’s use permit has been
modified several times, including classroom facilities in 1958 and 1965, a new sanctuary in
1962, 20 foot tall lighting fixtures in 1978, and a new playground in 1983. In 2003, a master
campus plan (use permit and design review) was approved. The master plan included
demolition of the existing buildings and the construction of six new structures, including
a performing arts/gymnasium, administrative offices, classrooms, a parish center, a clergy
building and a bell tower for a total of 72,705 square feet in floor area. To date, the gym,
parish center, four permanent classrooms, and the parking lot have been built. Because
the original approvals have expired, any new buildings would require review and
approval by the city.
HERITAGE PRESERVATION REVIEW
The site is located on Saratoga Avenue, a heritage lane, subject to the provisions of City
Code Article 13-20. Accordingly, the project is scheduled for review by the Heritage
Preservation Commission at their regularly scheduled meeting on July 8, 2014. Any
recommendations of the Heritage Preservation Commission will be presented during the
July 9, 2014 Planning Commission Hearing.
PROJECT DESCRIPTION:
The applicant utilizes a portable classroom structure that is currently located near the
entrance to the main campus and is adjacent to Saratoga Avenue. The applicant currently
leases a 9,878 square foot portion of land on the adjacent residential property located at
13631 Saratoga Avenue. The portable classroom will be temporarily relocated to this leased
area until a more permanent solution becomes available. The temporary structure will be
supported by seismic piers on precast concrete.
Institutional facilities are allowed in R-1 districts, upon the granting of a use permit, in
accordance with City Code Section 15-12.030 and Article 15-55. The facility will be located
on a residential property that also contains a residential use.
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PROJECT DATA:
Zoning
Designation
General Plan
Designation
Lot Size Floor Area
Main
Campus R1-20,000 Community
Facility ~5 acres 60,187 SF
Leased
Area
R1-20,000 Residential
Low Density
9,878 SF
(leased area)
1,410 SF
(portable building)
Adjacent
Property
120,690± SF
including
leased area
4,920 SF
All structures / portable
Neighbor Notification
The proposed location of the portable structure was a result of an agreement between the
applicant and the adjoining property owner. The “Notice of Public Hearing” was mailed to
property owners within 500 feet of the subject property. The public hearing notice and
description of the project was also published in the Saratoga News. No comments were
received as of the writing of this staff report.
FINDINGS
The findings required for Conditional Use Permit Approval per City Code Section 15-are set
forth below. The applicant has met the burden of proof to support making those findings:
(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.
Institutional facilities are conditionally permitted in residential districts upon approval by
the Planning Commission. One purpose of residential districts is to provide space for
community and institutional facilities that complement residential areas. This finding can
be made in the affirmative.
(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. The
portable structure will be supported by seismic piers and required to meet building code
standards for safety. The building will be partially screened from the adjoining residential
property by mature trees. This finding can be made in the affirmative.
(c) That the proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance. Institutional facilities and accessory structures
thereto are conditionally permitted.
(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. The portable building already exists on the property.
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The new location will be further from public view. This finding can be made in the
affirmative.
ENVIRONMENTAL DETERMINATION:
The proposed project, which includes relocation of an existing portable classroom to an
adjacent location, is categorically exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15301 of the CEQA Guidelines. This Class 1 exemption
applies to minor alteration of existing structures or facilities involving negligible or no
expansion of use beyond that is existing at the time of the lead agency’s determination.
ATTACHMENTS:
1. Resolution of Approval
2. Reduced Plans, Exhibit "A.”
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RESOLUTION NO: 14-024
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT (CUP14-0003)
LOCATED AT 13631 SARATOGA AVE
WHEREAS, on June 17, 2014, an application was submitted by St. Andrews Parish and
School to relocate an existing portable classroom to an adjacent location on the adjoining property.
The site is located within the R1-20,000 zoning district.
WHEREAS, the Community Development Department completed an environmental
assessment for the project in accordance with the California Environmental Quality Act (CEQA),
and recommends that the Planning Commission determine this project exempt.
WHEREAS, on July 9, 2014, the Planning Commission held a duly noticed public hearing
on the subject application, and considered evidence presented by City Staff, the applicant, and other
interested parties.
NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds,
determines and resolves as follows:
Section 1: The recitals set forth above are true and correct and incorporated herein by
reference.
Section 2: The proposed project, which includes relocation of an existing portable
classroom to an adjacent location, is categorically exempt from the California Environmental
Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines. This Class 1 exemption
applies to minor alteration of existing structures or facilities involving negligible or no expansion
of use beyond that is existing at the time of the lead agency’s determination.
Section 3: The project is consistent with Saratoga General Plan Policy LU 2.2 which states
that non-residential uses shall be buffered from other uses by methods such as setbacks and landscaping.
Section 4: The project is consistent with the required conditional use permit findings in 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 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; the proposed conditional use will comply with each of the
applicable provisions of this Chapter; and 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.
Section 5: The City of Saratoga Planning Commission hereby approves CUP14-0003
located at 13631 Saratoga Ave, subject to the Findings, and Conditions of Approval attached hereto
as Exhibit 1.
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Resolution No. 14-024
PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 9th day of
July 2014 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Mary-Lynne Bernald
Chair, Planning Commission
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Resolution No. 14-024
Exhibit 1
CONDITIONS OF APPROVAL
CUP14-0003
13631 Saratoga Ave (APN 393-25-029)
A. GENERAL
1. 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.
2. A Building Permit must be issued and construction commenced within 36 months from the date
of adoption of this Resolution or the approval will expire unless extended in accordance with the
City Code.
3. The Project shall maintain compliance with all applicable regulations of the State, County, City
and/or other governmental agencies having jurisdiction including, without limitation, the
requirements of the Saratoga Zoning Regulations incorporated herein by this reference.
4. Prior to issuance of any Demolition, Grading, or Building Permit to implement this approval the
Owner or Applicant shall obtain a “Zoning Clearance” from the Community Development
Director by submitting final plans for the requested permit to the Community Development
Department for review to ascertain compliance with the requirements of this Resolution.
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.
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Resolution No. 14-024
B. COMMUNITY DEVELOPMENT
9. Compliance with Plans and Description of Use. The development shall be located and
constructed to include those features, and only those features, as shown on the Approved Plans
denominated Exhibit "A". 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.
10. Building Division Submittal. Four (4) sets of complete construction plans shall be submitted
to the Building Division. These plans shall be subject to review and approval by the Community
Development Department Director or designee prior to issuance of Zoning Clearance. The
construction plans shall, at a minimum include the following:
a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A”
on file with the Community Development Department and referenced in Condition No. B.9
above;
b. This signed and dated Resolution printed onto separate construction plan pages;
c. All additional drawings, plans, maps, reports, and/or materials required by the Building
Division
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PLANNING COMMISSION
MEMORANDUM
Meeting Date: July 8, 2014
Application: ELN14-0003
Location / APN: 13591 Beaumont Avenue / 393-39-030
Owner/Applicant: Beverly Yu & Willson Huang
Staff Planner: Christopher Riordan
The Planning Commission may approve a major alteration of a nonconforming structure. Major
Alteration means any work that is estimated to result in expenditure (cumulatively) of 20% to
50% of the estimated construction cost of the structure. The project will result in expenditure of
approximately 48% of the estimated construction valuation of the existing structure.
Approval by the Planning Commission is required pursuant to City Code Sections 15-65.050(b),
before staff can act on the pending Building Permit.
STAFF RECOMMENDATION: Adopt Resolution No. 14-026 approving the major alteration subject
to conditions of approval.
PROJECT DESCRIPTION: The applicant is proposing an 864 square foot addition to an existing
2,845 square foot legal non-conforming one story residence located at 13591 Beaumont Drive. The
existing residence encroaches into the left side setback. The required setback is ten feet and the
existing setback is nine feet. The applicant is not proposing any modifications to the nonconforming
portion of the structure and the addition will conform to City Code. The 864 square foot addition
will be located both at the rear and the front of the residence. The rear addition will include a 423
square foot guest bedroom addition, a 412 square foot kitchen addition, and a 17 square foot bay
window. The 12 foot addition to the right of the front entrance will include a new bathroom. The
colors and materials of the new roof and stucco siding will match the existing exterior. The
Community Development Department has valued the addition and remodel at a total estimated
construction valuation of $305,950 which is 48.03% of the estimated $637,000 value of the existing
structure.
PROJECT DATA:
Net Site Area: 12,748 SF Proposed Allowed/Required
Total Site Coverage 4,647 sq. ft. (36.45%) 60% Maximum
Total Floor Area 3,709 sq. ft. 3,710 sq. ft. Maximum
Height 16.2’ 26 feet Maximum
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Page 2 of 2
Setbacks
Front:
Left Side:
Right Side:
Rear:
25’-0”
9’-0”
10’-2”
43’-0”
25’
10’
10’
25’
Neighbor Notification and Correspondence: The property owner posted a sign in front of the
property, notifying neighbors of the application for a building permit. No comments have been
received as of the writing of this report.
FINDINGS AND DETERMINATIONS
Pursuant to City Code Section 15-65.050(b), major repair and alteration of a nonconforming
structure may be permitted if the Planning Commission is able to make the following
determinations:
(1) The repair and/or alteration will accommodate a conforming use. This finding may be
made in the affirmative because a residential structure and addition thereto is permitted by City
Code in the R-1-10,000 zoning district.
(2) The repair and/or alteration does not increase the degree of noncompliance, or otherwise
increase the discrepancy between existing conditions and the requirements of this Chapter.
This finding may be made in affirmative in that the project will not modify the left side of the
existing residence that encroaches into the side setback. The majority of the proposed addition
will be located at the rear of the residence, with the exception of a small 12 foot addition at the
entry. The additions will conform to City Code.
(3) The repair and/or alteration do not effectively extend or perpetuate the useful life of any
particular feature or portion of the structure which is nonconforming. This finding may be
made in the affirmative in that the project does not include any modifications to the non-
conforming portion of the residence.
Environmental Determination: The project is categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New
Construction or Conversion of Small Structures”, of the Public Resources Code (CEQA). This
exemption allows for the construction of up to three single-family residences.
ATTACHMENTS:
1. Resolution of Approval
2. Development Plans (Exhibit "A")
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RESOLUTION NO: 14-026
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
APPROVING AN APPLICATION FOR AN ADDITION TO A NON-CONFORMING
SINGLE-FAMILY DWELLING LOCATED AT
13591 BEAUMONT AVENUE, SARATOGA CA 95070
WHEREAS, on April 23, 2014, an application was submitted by Beverly Yu and
Willson Huang to construct a 864 square foot addition and remodel 361 square feet of a 2,845
square feet legal non-conforming single-family residence. The existing residence encroaches into
the left side setback. The required setback is 10 feet and the residence has an existing setback of
9 feet. The applicant is not proposing any modifications to nonconforming portion and the
addition will conform to City Code. The project will result in expenditure of approximately 48.3
percent of the estimated construction valuation of the existing structure.
WHEREAS, the Community Development Department completed an environmental
assessment for the project in accordance with the California Environmental Quality Act (CEQA),
and recommends that the Planning Commission determine this project exempt.
WHEREAS, on July 16 , 2014, the Planning Commission held a meeting on the subject
application, and considered evidence presented by City Staff, the applicant, and other interested
parties.
NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds,
determines and resolves as follows:
Section 1: The recitals set forth above are true and correct and incorporated herein by
reference.
Section 2: The project is categorically exempt from the California Environmental Quality
Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New Construction or Conversion of
Small Structures”, of the Public Resources Code (CEQA). This exemption allows for the
construction of up to three single-family residences and no exception to that exemption applies.
Section 3: The project is consistent with the following Saratoga General Plan Policies;
Conservation Element Goal 2 and Land Use Element Goal 1 which states that the City shall
preserve the City’s existing character which includes small town residential, rural/semi-rural areas
and open spaces areas; 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; and Land Use Element Policy 1.1 that the city shall continue to be predominantly a
community of single-family detached residences.
Section 4: The project is consistent with the Saratoga City Code in that the repair and/or
alteration will accommodate a conforming use; the repair and/or alteration does not increase the
degree of noncompliance, or otherwise increase the discrepancy between existing conditions and the
requirements of this Chapter; and the repair and/or alteration does not effectively extend or
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perpetuate the useful life of any particular feature or portion of the structure which is
nonconforming.
Section 5: The City of Saratoga Planning Commission hereby approves ELN14-0003
located at 13591 Beaumont Avenue subject to the Findings, and Conditions of Approval attached
hereto as Exhibit 1.
PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 16th day of
July 2014 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Mary-Lynne Bernald
Chair, Planning Commission
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Exhibit 1
CONDITIONS OF APPROVAL
ELN14-006
13865 YERBA SANTA COURT / 389-33-024
1. All conditions below which are identified as permanent or for which an alternative period of
time for applicability is specified shall run with the land and apply to the landowner’s
successors in interest for such time period. No zoning clearance, or demolition, grading for this
project shall be issued until proof is filed with the city that a certificate of approval documenting
all applicable permanent or other term-specified conditions has been recorded by the applicant
with the Santa Clara County Recorder’s office in form and content to the Community
Development Director. If a condition is not “Permanent” or does not have a term specified, it
shall remain in effect until the issuance by the City of Saratoga of a Certificate of Occupancy or
its equivalent.
2. The Owner and Applicant will be mailed a statement after the time the Resolution granting this
approval is duly executed, containing a statement of all amounts due to the City in connection
with this application, including all consultant fees (collectively “processing fees”). This
approval or permit shall expire sixty (60) days after the date said notice is mailed if all
processing fees contained in the notice have not been paid in full. No Zoning Clearance or
Demolition, Grading, or Building Permit may be issued until the City certifies that all
processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is
maintained).
3. The Project shall maintain compliance with all applicable regulations of the State, County, City
and/or other governmental agencies having jurisdiction including, without limitation, the
requirements of the Saratoga City Code incorporated herein by this reference.
4. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and
hold the City and its officers, officials, boards, commissions, employees, agents and volunteers
harmless from and against:
a. any and all claims, actions or proceedings to attack, set aside, void or annul any action
on the subject application, or any of the proceedings, acts or determinations taken, done
or made prior to said action; and
b. any and all claims, demands, actions, expenses or liabilities arising from or in any
manner relating to the performance of such construction, installation, alteration or
grading work by the Owner and/or Applicant, their successors, or by any person acting
on their behalf.
In addition, prior to any Zoning Clearance, Owner and Applicant shall execute a separate
agreement containing the details of this required Agreement to Indemnify, Hold harmless and
Defend, which shall be subject to prior approval as to form and content by the City Attorney.
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5. 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 conditioned below. All proposed changes to the Approved Plans must be submitted in
writing with plans showing the changes, including a clouded set of plans highlighting the
changes. Such changes shall be subject to approval in accordance with City Code.
6. THIS CONDITION IS PERMANENT. Statement of Acknowledgment of Legal
Nonconforming Status: The property Owner shall record a Statement of Acknowledgment of
Legal Nonconforming Status, satisfactory to the Community Development Director, specifying
that alteration and repair of the non-conforming structure shall comply with City Code.
7. Non-Conforming Structure Limitations. In no event shall the cumulative expenditures for
repairs and/or alterations on any nonconforming structure exceed fifty percent of the
estimated construction cost of the structure prior to such repairs and/or alterations, unless
such structure is changed to a conforming structure or otherwise satisfies the standards set
forth by City Code.
8. Building Division Submittal. Four (4) sets of complete construction plans shall be submitted
to the Building Division. These plans shall be subject to review and approval by the City prior to
issuance of Zoning Clearance. The construction plans shall, at a minimum include the
following:
a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A”
on file with the Community Development Department.
b. All additional drawings, plans, maps, reports, notes, and/or materials required by the
Building Division.
c. This signed and dated Resolution printed onto separate construction plan pages.
d. The site plan shall contain a note with the following language: “Prior to foundation
inspection by the City, the Licensed Land Surveyor of record shall provide a written
certification that all building setbacks comply with the Approved Plans.”
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