HomeMy WebLinkAboutCity Council Resolution 23-077 Approve House Family Vineyards TCP Extension_RedactedRESOLUTION NO: 23-077
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA APPROVING THE TEMPORARY COMPLIANCE PLAN
EXTENSION (APPLICATION MISC23-0010) FOR HOUSE FAMILY
VINEYARDS OLD OAK WAY (APNS 503-15-078, 503-15-081, 503-15-082,
503-15-083)
WHEREAS, on May 19, 2021, in order to promote the health, safety, and quality of life
of the residents of Saratoga, the City Council adopted Resolution No. 21-035 amending the City's
Code Compliance Policy to require, for projects that require discretionary approval to come into
compliance, temporary compliance plans which may be appealed to the City Council; and
WHEREAS, on July 28, 2022 an application was submitted by House Family Vineyards
("Owners") requesting approval of a Temporary Compliance Plan to conduct wine tastings at
Izumi Point (APNS 503-15-078, 503-15-081, 503-15-082, 503-15-083) and hereinafter referred to
as the "TCP"; and
WHEREAS, the subject property is located in a Hillside Residential Zoning District and
has been used for an unpermitted public winery operation and improvements, that includes wine
tasting and the hosting of special events without required approvals including Conditional Use
Permit and Design Review; and
WHEREAS, Owners constructed unpermitted structures including a tasting room/deck,
restrooms, an office, and a kitchen in a steel storage container which were deemed by City as
unsafe and deficient with regards to fire safety, including but not limited to, property access and
the lack of approved sprinklers; and
WHEREAS, per City's Order to Correct Violations and Abate a Public Nuisance, Owners
have secured the structures to prevent access and removed the kitchen and steel storage container
from the subject property; and
WHEREAS, Owners have applied for an approval of a Conditional Use Permit, Design
Review, and other approvals ("Proposed Approvals") for the public winery operations and
structures; and
WHEREAS, pursuant to City's Code Compliance Policy, Owners applied for the TCP to
continue wine tasting outdoors by appointment only while Proposed Approvals are considered;
and
WHEREAS, the TCP was reviewed by Santa Clara County Fire Department (SCCFD),
Department of Environmental Health (DEH) and City departments, and on was approved on August
17, 2022 for a term ending September 30, 2023 subject to conditions of approval which conditions
were accepted by the Owner on September 7, 2022; and
WHEREAS, on August 24, 2022 an appeal to the City Council was filed by Nancy
Lietzke ("Appellant"); and
Resolution 23-077
Page 2
WHEREAS, on October 5, 2022, 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 and approved the
application; and
WHEREAS, on July 10, 2023 an application was filed by the applicant asking for a 12
month extension of the Temporary Compliance Plan approval, for an expansion of days and
times of the wine tasting operation under the Temporary Compliance Plan and to allow catering
for food service onsite; and
WHEREAS, on September 6, 2023, following a duly noticed public hearing where the
City Council conducted a review of the application, at which all interested parties were given a full
opportunity to be heard and to present evidence, the City Council considered the application and
other materials, exhibits, and evidence presented by City Staff, the Owner, and other interested
parties; and
NOW THEREFORE, the City Council of the City of Saratoga hereby approves MISC23-0010
Located on Old Oak Way (APNs 503-15-078, 503-15-081, 503-15-082, 503-15-083), subject to
the Conditions of Approval attached hereto as Exhibit 1.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 61h day of September 2023 by the following vote:
AYES: COUNCIL MEMBERS AFTAB, PAGE, MAYOR FITZSIMMONS
NOES: VICE MAYOR ZHAO, COUNCIL MEMBER WALIA
ABSENT: NONE
ABSTAIN: NONE
r '
Kookie Fitzsimmons, Mayor
ATTEST:
Britt Avrit, MMC, City Clerk
Resolution 23-077
Page 3
Exhibit 1
CODE COMPLIANCE PLAN
FOR HOUSE FAMILY VINEYARDS
APNs 503-15-078, 503-15-081, 503-15-082, 503-15-083
41
THIS CODE COMPLIANCE PLAN ("Agreement") is made and entered into thisilday
of'3- Cp+e r►,be,-, 2023, by and between the City of Saratoga, a municipal corporation ("City"),
AND David L. House and House Family Vineyards, ("Owners"). City and Owners may be
referred to individually as a "Party" or collectively as the "Parties."
RECITALS
WHEREAS, on May 19, 2021, in order to promote the health, safety, and quality of life of
the residents of Saratoga, the City Council adopted Resolution No. 21-035 regarding the City's
Code Compliance Policy to require, for projects that require discretionary approval to come into
compliance, temporary compliance plans which may be appealed to the City Council; and
WHEREAS, the subject property is located in a Hillside Residential Zoning District and
has been used for an unpermitted public winery operation, that includes wine tasting and the
hosting of special events without the required City approvals; and
WHEREAS, Owners constructed unpermitted structures including a tasting deck,
restrooms and an office which were deemed by City as unsafe and deficient with regards to fire
safety, including but not limited to, property access and the lack of approved sprinklers; and
WHEREAS, per City's Order to Correct Violations and Abate a Public Nuisance, Owners
have secured the structures to prevent access; and
WHEREAS, Owners have applied for an approval of a Conditional Use Permit and Design
Review ("Proposed Approvals") for the public winery operations and structures, which application
is thus far deemed incomplete by City; and
WHEREAS, pursuant to City's Code Compliance Policy, Owners were approved for a
Temporary Compliance Plan on October 5, 2022; and
WHEREAS, the Owners have applied for a 12 month extension from the date of the
Temporary Compliance Plan approval to continue wine tasting outdoors and by appointment only,
for an expansion of days and times of the wine tasting operation under the Temporary Compliance
Plan and to allow catering for food service onsite while Proposed Approvals are considered.
NOW, THEREFORE, in consideration of the foregoing recitals and other good and
valuable consideration, the value and sufficiency of which are hereby acknowledged, it is agreed
by and between the Parties hereto as follows:
J
Resolution 23-077
Page 4
1. Owners represent and warrant that Owners are the fee title owners of property known
as 13340 Old Oak Way, Saratoga (APN 503 15 078), 13330 Old Oak Way, Saratoga
(APN 503-15-081) and APNs 503-15-082, 503-15-083 (collectively referred to as
"Property").
2. Owners agree that they will strictly comply with the conditions attached and
incorporated herein as Exhibit A ("Code Compliance Plan").
3. Owners further agree that if staff determines that Owners have failed to resolve by
January 12, 2024, those items requested by the City for the EIR application for the
Proposed Approvals, the matter shall be brought to the City Council for review and the
City Council shall determine if the items have been resolved and, if not, whether said
failure shall constitute an ongoing violation and result in suspension or revocation of
this temporary compliance plan and an immediate closure of the winery operations
which includes wine tasting on the Property.
4. The Proposed Approvals include discretionary actions by City, and nothing herein is a
guarantee that the Proposed Approvals will be approved or constitutes a promise or
other commitment by City to approve the Proposed Approvals. If the Proposed
Approvals are not approved by City by September 30, 2024, this temporary compliance
plan shall be of no further force and effect and the commercial operations shall
constitute an ongoing violation and Owners agree to immediately close the winery
operations on the Property.
5. Owners hereby agree to voluntarily and knowingly assume all the risks of any and all
related aspects of the Temporary Compliance Plan of any kind or nature (including,
without limitation, those associated with any natural or man-made hazard on the
Property).
6. Owners agree to hold harmless, defend and indemnify City from and against any and
all claims, actions, damages, suits or liabilities claimed by Owners or any other person
arising out of, or related to:
a. any and all information, provided by Owners or any consultant, agent, or
employee of Owners, as well as any City review by City related to said
Application for the Project, whether such information is in existence, or City
review already occurred, at the time of execution of this Agreement or comes
into existence or occurs subsequent thereto.
b. any actual or potential geologic or geotechnical aspect of the Temporary
Compliance Plan including, without limitation, land slippage, landslide,
earthquake, slope instability, soil or sub -soil instability, liquefaction, lack of
lateral or subjacent support (including, without limitation, any failure, collapse
or damage to any building or structure or its foundation), site preparation and
grading, site surface and subsurface drainage improvements, soil compaction
or other soil related and/or erosion related conditions, excavations for retaining
structures and foundations, and all geologically and geotechnically-related
design parameters.
Resolution 23-077
Page 5
7. Owners shall indemnify, hold harmless, and defend City and its authorized agents,
officers, officials, and employees from and against any and all claims, demands, suits,
damages, liabilities, losses, accidents, casualties, occurrences, claims and payments,
including attorney fees claimed or which might arise or be asserted against City that
are alleged or proven to result or arise from the Temporary Compliance Plan and any
activities associated with the use of the Property.
8. Owners agree to defend, indemnify, and hold harmless City and its officers, officials,
boards, commissions, employees, consultants, agents, and volunteers from and against
any claim, action, or proceeding to attack, set aside, void, or annul any action taken by
City on this Agreement and the subject Temporary Compliance Plan, or any of the
proceedings, acts, or determinations taken, done or made prior to said action, including,
but not limited to, any writ of mandate, litigation, declaratory relief, or due process
litigation which may arise or result from or be related in any way to approval of this
Agreement and the Temporary Compliance Plan. This provision shall also apply to any
action taken pursuant to the California Environmental Quality Act ("CEQA"), by the
City's staff, advisory agencies, boards or commissions, Planning Commission, or City
Council.
9. In the event a claim is asserted against the City, its authorized agents, officers, officials
or employees, City shall promptly notify Owners. Owners shall defend at its own
expense any suit based on such claim, provided that City shall control the choice of
counsel and defense of any such claim, action or proceeding as against City and nothing
herein shall prevent City from participating in the defense. If any judgment or claims
against City, its authorized agents, officers, officials or employees shall be allowed,
Owner(s) shall pay for all costs and expenses in connection therewith. All provisions
in this Agreement related to Owners' agreement to defend, indemnify or hold harmless
City shall survive the expiration or revocation of the Temporary Compliance Plan, or
termination of this Agreement.
10. The provisions of this Agreement shall be severable. If any phrase, clause, section,
subsection, paragraph, subdivision, sentence or provision of this Agreement is
adjudged invalid or unconstitutional by a court of competent jurisdiction, such
judgment shall not affect or invalidate the remainder of any phrase, clause, section,
subsection, paragraph, subdivision, sentence or provision of this Agreement.
11. This Agreement is effective upon full execution, or upon expiration of the applicable
period for appeal to the City Council provided no notice of appeal has been filed within
such time, whichever is later. If an appeal to the City Council is filed, this Agreement
shall become effective on the date such decision is rendered if the Agreement is upheld
or modified. This Agreement will not become effective and will be null and void if the
City Council reverses approval of this Agreement on appeal. Each signatory to this
Agreement represents and warrants that they are authorized to sign this Agreement.
This Agreement shall not be modified except by written instrument executed by City
and the Owners at the time of modification.
Resolution 23-077
Page 6
12. The interpretation, validity, and enforcement of this Agreement shall be governed by
and interpreted in accordance with the laws of the State of California. Any suit, claim,
or legal proceeding of any kind related to this Agreement shall be filed and heard in a
court of competent jurisdiction in the County of Santa Clara.
13. All notices or communication concerning a party's compliance with the terms of this
Agreement shall be in writing and may be given either personally, by certified mail,
return receipt requested, or by overnight express carrier. The notice shall be deemed
to have been given and received on the date delivered in person or the date upon which
the postal authority or overnight express carrier indicates that the mailing was delivered
to the address of the receiving party. Any party hereto, by giving ten (10) days written
notice to the other, may designate any other address as substitution of the address to
which the notice or communication shall be given. Notices or communications shall
be given to the Parties at the addresses set forth below until specified otherwise in
writing.
To City:
City of Saratoga
Community Development Director
13777 Fruitvale Avenue
Saratoga, CA 95070
with a copy to:
City of Saratoga
City Clerk
13777 Fruitvale Avenue
Saratoga, CA 95070
To Owners:
David L House
House Family
Vineyards
13340 Old Oak Way
Saratoga, CA 95070
Resolution 23-077
Page 7
AFTER REVIEW AND CONSIDERATION OF ALL OF THE FOREGOING TERMS
AND CONDITIONS AND HAVING CONSULTED WITH LEGAL COUNSEL OF OWNERS'
CHOOSING OR HAVING HAD THE REASONABLE OPPORTUNITY TO DO SO, OWNERS,
BY THE SIGNATURE PROVIDED BELOW, HEREBY AGREE TO BE BOUND BY AND
FULLY AND TIMELY COMPLY WITH, ALL OF THE FOREGOING TERMS AND
CONDITIONS.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date
first written above.
on Following Page]
ARDS
CITY OF SARATOGA
DATE: 4"3
DATE:
Bryan Swanson
Community Development Director
Resolution 23-077
Page 8
EXHIBIT A
CODE COMPLIANCE PLAN
1. This plan is valid until September 30, 2024 unless terminated prior to that date pursuant
to the terms of the Code Compliance Plan.
2. The Temporary Compliance Plan is confined to the area as shown in figures 1 & 2 of
Exhibit B.
3. No further site work is authorized by the issuance of this Temporary Compliance Plan.
Any physical work, including but not limited to construction, grading, plumbing or
electrical work, or other site work, will result in a revocation of this Temporary
Compliance Plan.
4. This Temporary Compliance Plan authorizes the use of the Property for wine tastings
by appointment only.
5. Wine tastings
a. By appointment only
b. Hours of operation are limited to Thursday -Sunday
i. 12:00 PM-5:00 PM
c. No more than 49 people, including employees, during any appointment window.
6. No events, such as weddings, or other such activities are permitted with this Temporary
Compliance Plan.
7. No food shall be prepared on the Property. Only shelf stable, prepackaged, non -
potentially hazardous foods shall be served. Catering is allowed in a manner that
complies with all requirements of the Department of Environmental Health.
8. There shall be no parking on any public streets.
9. There shall be no live or amplified music.
10. Owners shall purchase and install a City approved noise monitoring device per City
Code Section 7-30.040(b) to monitor the noise levels on the Property, to ensure that the
activities on the site comply with City's noise standards. City shall be notified if noise
standards are exceeded.
11. All uses shall comply with the noise standards in City Code Section 7-30.040, and no
person shall cause, produce, or allow to be produced any noise that exceeds these noise
standards at any point outside the Property boundary on which the noise is generated.
Resolution 23-077
Page 9
12. An 8.5 x 11 sign about the Temporary Compliance Plan shall be posted at the entrance
to the Property. The sign should state that the winery is currently operating under a
Temporary Compliance Plan agreement with the City of Saratoga. For information on
the Temporary Compliance Plan, please contact Nicole Johnson, Senior Planner at 408-
868-1209 or njohnson@saratgoga.ca.us
13. The applicant shall submit a monthly report of attendance for the wine tasting
appointments.
14. Owners shall comply with all Santa County Clara Fire Department Requirements set
forth in Exhibit C.
15. Owners shall comply with all requirements of the Santa Clara Department of
Environmental Health.
16. Owners consent to inspections by City and other regulatory agencies during events or
when complaints are received.
17. If there any health and safety concerns from outside agencies, the compliance plan may
be revoked.
18. Any violation of this plan may result in revocation of this Temporary Compliance
Plan and closure of House Family Vineyards.
19. This Code Compliance Plan shall take effect upon acceptance of all conditions by the
applicant. If the applicant has not accepted all conditions in this Plan by September 13,
2023, approval of this plan shall expire and be of no force and effect.
1688621.1
Resolution 23-077
Page 10
EXHIBIT B
Figure 1. izurni Point -- Proposed Temporary Compliance Plan Operations
House Family Vineyards Temporary Compliance Plan
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SITE PLAN
Figure 2. lzuml Point Site Plan