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HomeMy WebLinkAboutCity Council Resolution 19-006 denying appeal of 12901 Pierce roadRESOLUTION NO: 19-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENYING APPEAL APPC19-0001, AND APPROVING DESIGN REVIEW PDR18-0029 AND ARBORIST REPORT ARB18-0048 LOCATED AT 12901 PIERCE ROAD (APN 503-18-009) WHEREAS, on August 29, 2018 an application was submitted by FGY Architects ("Applicant"), on behalf of Ana Mendez and Rajeev Jayavant ("Property Owners"), requesting Design Review approval to construct a new 7,287 square foot single -story residence with a basement, detached garage, and detached accessory dwelling unit located at 12901 Pierce Road ("Project"). WHEREAS, on January 9, 2019, the Planning Commission held a duly noticed public hearing on the Project, and considered evidence presented by City Staff, the applicant, and the property owners; and WHEREAS, no other interested parties commented or presented evidence to the Planning Commission, and the Planning Commission approved the Design Review and Arborist Review application (PDR18-0029/ARB 18-0048); and WHEREAS, on January 23, 2019, an appeal to the City Council was filed by Donald and Jann Ichikawa ("Appellants"); and WHEREAS, on February 20, 2019, following a duly noticed public hearing where the City Council conducted a de novo review of the appeal, at which all interested parties were given a full opportunity to be heard and to present evidence, the City Council considered the application, site plan, architectural drawings, CEQA documentation, and other materials, exhibits, and evidence presented by City Staff, the appellant, the applicant, and other interested parties; and WHEREAS, the Community Development Department recommends that the City Council determine that this Project is categorically exempt under CEQA Guidelines § 15303, New Construction or Conversion of Small Structures. NOW THEREFORE, the City Council of the City of Saratoga hereby denies the appeal of the appellants, affirms the decision of the Planning Commission of the City of Saratoga on February 20, 2019, and approves the applicant's Design Review and Arborist Review application and further finds, determines and resolves as follows: Section 1: The recitals set forth above are true and correct and incorporated herein by reference. The documents constituting the record of proceedings upon which this decision is based are located in the City of Saratoga Department of Community Development and are maintained by the Director of that Department. Section 2: The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Cal. Code Regs., tit. 14, Section 15303, Class 3 "New Construction or Conversion of Small Structures." This exemption allows for the construction of a single-family residence and small structures in a residential area. Section 3: City Code Section 15-45.060(a)(6), Design Review approval by the Planning Commission is required because the proposed residence has a cumulative floor area of more than six thousand square feet. The Design Review approval requirement implements the Saratoga General Plan, including but not limited to: Land Use Goal 13 which provides that the City shall use the Design Review process to assure that the new construction and major additions thereto are compatible with the site and the adjacent surroundings; Safety Element Site and Drainage Policy 3 which provides that the City shall require that landscaping and site drainage plans be submitted and approved during Design Review for a residence prior to issuance of permits; and Conservation Element Policy 6.0 which provides that the City shall protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. Section 4: Based on the approved design including the attached conditions of approval the required Design Review approval findings under Section 15-45.080 of the City Code can be made and are set forth as follows: 15-45.080(a): Site development follows the natural contours of the site, minimizes grading, and is appropriate given the property's natural constraints. This finding can be made in the affirmative in that the project minimizes changes to the contours of the site. Grading will be limited to the excavation for the basement and pool, as well as contouring the site as necessary to direct water to landscaped areas. 15-45.080(b): All protected trees shall be preserved, as provided in Article 15-50 (Tree Regulations). If constraints exist on the property, the number of protected trees, heritage trees, and native trees approved for removal shall be reduced to an absolute minimum. Removal of any smaller oak trees deemed to be in good health by the City Arborist shall be minimized using the criteria set forth in Section 15-50.080. This finding can be made in the affirmative in that the City Arborist has reviewed and recommends approval for the proposed removal of 8 protected trees. The number of trees to be removed is being kept to a minimum and limited to trees that are either in poor condition, overcrowded, or in conflict with the location of the project with no alternative. A total of 24 protected trees will remain on the site. 15-45.080(c): The height of the structure, its location on the site, and its architectural elements are designed to avoid unreasonable impacts to the privacy of adjoining properties and to community viewsheds. This finding can be made in the affirmative in that and the single -story residence has a proposed height of 14.6 feet and setbacks that are greater than the minimum required by the zoning district and Condition of Approval 1 requires a permanent screen in the Cabana to limit privacy impacts to the adjoining property. No community viewsheds are located in the vicinity of the project. 15-45.080(d): The overall mass and height of the structure, and its architectural elements are in scale with the structure itself and with the neighborhood. 2 This finding can be made in the affirmative in that the project is a single -story residence in a neighborhood with both one and two-story structures, and the orientation of the residence on the site minimizes its perceived bulk and mass, fitting with the context of other residences within its vicinity. The project includes architectural elements consistent with the contemporary architectural style which are in scale with the structure and the neighborhood. 15-45.080(e): The landscape design minimizes hardscape in the front setback area and contains elements that are complementary to the neighborhood streetscape. This finding can be made in the affirmative in that the hardscape will be less than 50% of the front setback area and limited to a concrete driveway. Water -efficient landscaping and decorative landscape materials are proposed in the front setback area that complement the neighborhood streetscape. 15-45.080(0: Development of the site does not unreasonably impair the ability of adjoining properties to utilize solar energy. This finding can be made in the affirmative in that the development will not unreasonably impair the ability of adjoining properties to utilize solar energy as the project meets or exceeds required setbacks and the tallest elements of the structure are no more than 15 feet above average grade to minimize shadowing. 15-45.080(g): The design of the structure and the site development plan is consistent with the Residential Design Handbook, pursuant to Section 15-45.055. This finding can be made in the affirmative because the proposed project incorporates applicable design policies and techniques from the Residential Design Handbook. The overall mass and height of the structure are in scale with the neighborhood; the structure is set back in proportion to the size and shape of the lot; development is clustered on the southern portion of the lot to preserve the grove of trees to the north. In addition, the proposed materials, colors, and details enhance the architecture in a well -composed manner which is complementary to the architectural style of the home. 15-45.080(h): On hillside lots, the location and the design of the structure avoid unreasonable impacts to ridgelines, significant hillside features, community viewsheds, and is in compliance with Section 15-13.100. This finding is not applicable as the project is not on a hillside lot. The project is not located on a ridgeline, and will not affect any significant hillside features or community viewsheds. Section 5: The City Council of the City of Saratoga hereby approves Design Review and Arborist Review Application PDR18-0029/ARB18-0048 located at 12901 Pierce Road (APN 503- 18-009 3 CONDITIONS OF APPROVAL 1. PERMANENT CONDITION. The eastern elevation of the Cabana shall include a permanent screen attached to the structure with a minimum of 80% opacity up to a height of 6 feet above the Cabana finished floor and a minimum of 50% opacity for the remaining area above 6 feet. Plans for the screen shall be submitted and approved by the Community Development Director prior to submittal of a building permit. The screen shall not be removed unless replaced by a new screen meeting the requirements above and approved by the Community Development Director. This permanent condition shall be recorded in a Deed Restriction document in form and content approved by the Community Development Director. The Deed Restriction shall be notarized and recorded with the Office of the County of Santa Clara Clerk -Recorder, prior to issuance of building permit. 2. Conditions may be modified only by the Planning Commission unless modification is expressly otherwise allowed by applicable sections of the City Code, including but not limited to Sections 15-80.120 and/or 16-05.035. 3. The Planning Commission shall retain continuing jurisdiction over the Design Review and Arborist Review Approval and may, at any time, modify, delete, or impose, any new conditions of the permit to preserve the public health, safety, and welfare. 4. The Community Development Director shall mail to the Owner and Applicant a notice in writing, on or after the time the Resolution granting the Design Review and Arborist Review Approval is duly executed by the City, containing a statement of all amounts due to the City in connection with this application, including all consultant fees (collectively "processing fees"). THIS APPROVAL 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 Building Permit may be issued until the Community Development Director certifies that all processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). 5. 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. 6. Prior to final sign -off of any Building Permit to implement this Design Review 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. 7. Aereement to Indemnify. Hold Harmless and Defend City as to Action Challenning Approval of Application and as to Damage from Performance of Work Authorized by Design Review Approval. 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 4 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 issuance of an approved final inspection (i.e., a "fmaled") Building Permit 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 Community Development Director and the City Attorney. 5 PASSED AND ADOPTED by the City Council of the City of Saratoga on this 20th day of February 2019 by the following vote: AYES: Mayor E. Manny Cappello, Vice Mayor Howard Miller, Council Members Rishi Kumar, Mary -Lynne Bernald, Yan Zhao NOES: ABSENT: ABSTAIN: Attest: Debbie Bretschneider, City Clerk 1096110.1 6 yCappello, Mayor