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HomeMy WebLinkAboutCity Council Resolution 23-004, Lynde Court AppealRESOLUTION NO: 23-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ACCEPTING APPEAL APPC22-0004, AND MODIFYING DESIGN REVIEW PDR21-0032 AND ARBORIST REPORT ARB21-0120 LOCATED AT 20538 LYNDE COURT (APN 503-52-012) WHEREAS, on December 8, 2021 an application was submitted by Rajesh & Sunita Lalwani ("Applicant'), requesting Design Review approval to construct a new 3,403 square foot two-story single-family residence with a 752 square foot accessory dwelling unit located at 20538 Lynde Court ("Project"). WHEREAS, on November 9, 2022, 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, the Planning Commission, and the Planning Commission approved the Design Review and Arborist Review application (PDR21-0032/ARB21-0120); and WHEREAS, on November 21, 2022, an appeal to the City Council was filed by Jerry Han and Penny Li, also on behalf of Chris Chiang, Lynne Chiang, Henry Tan, and Lydia Tan ("Appellants"); and WHEREAS, on January 18, 2023, 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 recommended 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 accepts the appeal of the appellants, by upholding the decision of the Planning Commission of the City of Saratoga made on November 9, 2022 with the exception that the front and back balconies be made non-functional by reducing the depths to 2 feet maximum so that they are decorative, and converting the sliding glass doors on the second floor to operable windows consistent with the California Building Code, and with the balcony railings being solid. The City Council 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. Resolution 23-004 Page 2 Section : City Code Section 15-45.060(a)(1), Design Review approval by the Planning Commission is required because the project includes new multi -story main structure. 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 : The required Design Review approval findings under Section 15-45.080 of the City Code can be made and are set forth as follows: 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 location of the new residence, as well as contouring the site as necessary to direct water to landscaped areas. The site development is appropriate to the site's natural constraints with single family homes around it. 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 3 protected trees. The number of protected trees to be removed is being kept to a minimum and limited to trees that are in poor condition. 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 the second story has a proposed height that does not exceed the maximum allowable height for a single-family residence and proposed setbacks that are in compliance with the minimum required by the zoning district. The second story windows on the side elevations will have bottom sill heights of 6'-6" and there shall be no functional front or rear facing balconies to avoid unreasonable impacts to the privacy of adjoining properties. A row of 24" box evergreen trees will also be planted along the northern side property line to help mitigate privacy impacts. No community viewsheds are located in the vicinity of the project. Resolution 23-004 Page 3 The overall mass and height of the structure, and its architectural elements are in scale with the structure itself and with the neighborhood. This finding can be made in the affirmative in that the building has varying exterior materials and architectural forms. The brown wood siding combined with the white smooth stucco help break up the appearance of mass. The varying roof forms and recessed second story also reduce the overall mass of the structure. The landscape design minimizes hardscape in the front setback area and contains elements that are complementary to the neighborhood streetscape. This finding may be made in the affirmative in that the project includes a condition of approval that front yard landscaping is to be installed prior to building department final inspection. The City Code requires that at least 50% of the front setback area be landscaped. 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 complies with required setbacks and height restrictions. 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 may be made in the affirmative in that the proposed project conforms to the applicable design policies and techniques in the Residential Design Handbook in terms of compatible bulk and avoiding unreasonable interference with privacy and views as detailed in the findings above. 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 Appeal Application APCC22-0004 by approving Design Review and Arborist Review Application PDR21- 0032/ARB21-0120 located at 20538 Lynde Court (APN 503-52-012) as approved by the Planning Commission on November 9, 2022, with the exception that the front and back balconies be made non-functional by reducing the depths to 2 feet maximum so that they are decorative, and converting the sliding glass doors on the second floor to operable windows consistent with the California Building Code, and with the balcony railings being solid. Said approval is subject to the conditions of approval set forth in Exhibit 1. Resolution 23-004 Page 4 Section 6: A Building Permit must be issued and construction commenced within thirty-six (36) months from the date of the City Council Decision or approval will expire January 18, 2026, unless extended in accordance with the City Code. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 181h day of January 2023, by the following vote: AYES: COUNCIL MEMBERS AFTAB, PAGE, WALIA, VICE MAYOR ZHAO, MAYOR FITZSIMMONS NOES: NONE ABSENT: NONE ABSTAIN: NONE Kookie Fitzsimmons, Mayor ATTEST: Britt Avrit, MMC, City Clerk Resolution 23-004 Page 5 Exhibit 1 CONDITIONS OF APPROVAL APCC23-0004 / PDR21-0032 / ARB21-0120 20538 LYNDE COURT (APN 503-52-012) 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 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. COMMUNITY DEVELOPMENT DEPARTMENT 5. The front and back balconies shall be made non-functional by reducing the depths to a maximum of 2 feet so that they are decorative and converting the sliding glass doors on the second floor to operable windows consistent with the California Building Code. The balcony railings shall be solid. Resolution 23-004 Page 6 6. A Building Permit must be issued and construction commenced within thirty-six (36) months from the date of the City Council Decision or approval will expire January 18, 2026, unless extended in accordance with the City Code. 7. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Development Plans. 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. 8. 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. 9. 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. 10. 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. 11. Prior to issuance of Building Permits, the applicant shall submit for staff approval, a Lighting Plan for the home's exterior and landscaped areas. Proposed exterior lighting shall be limited to full cut-off & shielded fixtures with downward directed illumination so as not to shine on adjacent properties or public right-of- way. All proposed exterior lighting shall be designed to limit illumination to the site and avoid creating glare impacts to surrounding properties. 12. In order to comply with standards that minimize impacts to the neighborhood during site preparation and construction, the applicant shall comply with City Code Sections 7-30.060 and 16-75.050, with respect to noise, construction hours, maintenance of the construction site and other requirements stated in these sections. 13. Prior to issuance of Building Permits, the applicant shall prepare for review and approval by City staff a Construction Management Plan for the project which includes but is not limited to the following: a. Proposed construction worker parking area. b. Proposed construction hours that are consistent with City Code. c. Proposed construction/delivery vehicle staging or parking areas. d. Proposed traffic control plan with traffic control measures, any street closure, hours for delivery/earth moving or hauling, etc. To the extent possible, any deliveries, earth moving or hauling activities will be scheduled to avoid peak commute hours. e. Proposed construction material staging/storage areas. f. Location of project construction sign outlining permitted construction work hours, name of project contractor and the contact information for both homeowner and contractor. 14. All fences, walls and hedges shall conform to height requirements provided in City Code Section 15-29. Resolution 23-004 Page 7 15. The final landscaping and irrigation plan submitted for Building Permit approval shall demonstrate how the project complies with the State Water Efficient Landscape Ordinance and shall consider the following: a. 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. b. To the extent feasible, pest resistant landscaping plants shall be used throughout the landscaped area, especially along any hardscape area. c. 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. d. Pest resistant landscaping plants shall be considered for use throughout the landscaped area, especially along any hardscape area. e. Any proposed or required under grounding of utilities shall consider potential damage to roots of protected trees 16. Front yard landscaping shall be installed prior to final inspection or a bond satisfactory to the Community Development Department valued at 150% of the estimated cost of the installation of such landscaping shall be provided to the City. 17. Privacy screening shall be planted along the northern side property lines as depicted in the approved Landscape Plans. The screening trees will be of an evergreen species, such as Swan Hill Olive or Carolina Cherry Laurel trees, or similar, with a yearly growth rate of approximately 2 - 3 feet per year and shall be at least 10 feet in height at the time of planting. 18. West Valley Collection & Recycling is the exclusive roll -off and debris box provider for the City of Saratoga. FIRE DEPARTMENT 19. The owner/applicant shall comply with all Fire Department requirements. ARBORIST 20. All requirements in the City Arborist Approval Letter dated June 1, 2022 are hereby adopted as conditions of approval and shall be implemented as part of the approved plans. PUBLIC WORKS/ENGINEERING 21. The owner/applicant shall comply with all City requirements regarding drainage, including but not limited to complying with the city approved Stormwater management plan. The project shall retain and/or detain any increase in design flow from the site, that is created by the proposed construction and grading project, such that adjacent down slope properties will not be negatively impacted by any increase in flow. Design must follow the current Santa Clara County Drainage Manual method criteria, as required by the building department. Retention/detention element design must follow the Drainage Manual guidelines, as required by the building department. 22. Applicant / Owner shall obtain an encroachment permit for any and all improvements in any City right-of- way or City easement including all new utilities prior to commencement of the work to implement this Design Review. Resolution 23-004 Page 8 23. Applicant / Owner shall make the following improvements in the City right-of-way: a. Remove existing driveway approach and replace with new driveway approach per City Standard Detail 205 & 206. See City of Saratoga Standard Details for removal and new installation. New flow line shall conform to existing flow lines and grade. 24. Damages to driveway approach, curb and gutter, public streets, or other public improvements during construction shall be repaired prior to final inspection. 25. All new/upgraded utilities shall be installed underground. 26. Applicant / Owner shall maintain the streets, sidewalks and other right of way as well as adjacent properties, both public and private, in a clean, safe and usable condition. All spills of soil, rock or construction debris shall be removed immediately. 27. The Owner/Applicant shall incorporate adequate source control measures to limit pollutant generation, discharge, and runoff (e.g. landscaping that minimizes irrigation and runoff, promotes surface infiltration where possible, minimizes the use of pesticides and fertilizers, and incorporates appropriate sustainable landscaping practices and programs, such as Bay -Friendly Landscaping). 28. All building and construction related activities shall adhere to New Development and Construction — Best Management Practices as adopted by the City for the purpose of preventing storm water pollution: a. Owner shall implement construction site inspection and control to prevent construction site discharges of pollutants into the storm drains per approved Erosion Control Plan. b. The City requires the construction sites to maintain year-round effective erosion control, run-on and run-off control, sediment control, good site management, and non -storm water management through all phases of construction (including, but not limited to, site grading, building, and finishing of lots) until the site is fully stabilized by landscaping or the installation of permanent erosion control measures. c. City will conduct inspections to determine compliance and determine the effectiveness of the BMPs in preventing the discharge of construction pollutants into the storm drain. Owner shall be required to timely correct all actual and potential discharges observed. 29. Prior to the commencement of any earthwork/grading activities, the permittee shall arrange a pre - construction meeting. The meeting shall include the City of Saratoga Grading Inspector (408-868-1201), the grading contractor, and the project Soils Engineer. The permittee or representative shall arrange the pre -construction meeting at least 48 hours prior to the start of any earthwork activities. 30. Prior to foundation inspection by the City, the LLS of record shall provide a written certification that all building setbacks are per the approved plans. 31. Prior to the Building final, all Public Works conditions shall be completed per approved plans. 32. Upon the completion of this project the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor and verified by the City's building inspector to be properly elevated. Such certification and verification shall be provided to the City's Floodplain Administrator.