Loading...
HomeMy WebLinkAboutCity Council Resolution 24-002, Denying Appeal 19348 Athos PlaceRESOLUTION NO.24-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENYING APPEAL APCC23-0002, AND APPROVING DESIGN REVIEW PDR22-0016 AND ARBORIST REPORT ARB22-0080 LOCATED AT 19348 ATHOS PLACE (APN 389-33-010) WHEREAS, on October 20, 2022, an application was submitted by David Kuoppamaki (applicant) on behalf of Tai Ying Chou and Hsuan Chiang requesting Design Review and City Arborist Approval for a new 4,750 square foot two story single-family residence (maximum height 27'-7.5") with a 736 square foot detached accessory dwelling unit (maximum height 15'5"). No protected trees are proposed for removal (project). WHEREAS, on August 9, 2023, the Planning Commission held a duly noticed public hearing on the Project, and considered evidence presented by City Staff, the applicant, the property owners, and other interest parties. WHEREAS, City Staff recommended that the Planning Commission deny the project as staff could not make the required Design Review and Height Exception findings to support the applicants request for a building height more than 26'. WHEREAS, the Planning Commission moved to continue the application to allow an opportunity for the applicant to coordinate with staff on modifications to the project so that staff could return to the Planning Commission with a recommendation for approval. WHEREAS, on November 8, 2023, the Planning Commission held a duly noticed public hearing, reviewed the revised project plans with a maximum height of 25'-3/8", and considered evidence by City Staff, the applicant, and other interested parties. WHEREAS, the Planning Commission approved Design Review and Arborist Review application (PDR22-0016 and ARB22-0080). WHEREAS, on November 11, 2023, an appeal to the City Council was filed by four of the adjacent property owners ("Appellants"). WHEREAS, on January 17, 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. 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. Resolution No. 24-002 Page 2 NOW THEREFORE, the City Council of the City of Saratoga hereby denies the appellants appeal, affirms the decision of the Planning Commission of the City of Saratoga on November 8, 2023, 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 : City Code Section 15-45.060(a)(1), Design Review approval by the Planning Commission is required because the project includes a 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 new construction and major additions thereto are compatible with the site and adjacent surroundings; Safety Element Site and Drainage Policy 3 which provides that the City shall require landscaping and site drainage plans to 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: The required Design Review approval findings under Section 15-45.080 of the City Code can be made and are set forth as follows: 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 new residence will be in approximately the same location as the existing house to be removed which will minimize grading necessary to create a new building pad. The elevation of the site drops approximately 5.6 feet from the rear to the front and the project will not make changes to existing elevations. Grading outside the footprint of the building will be limited to site contouring for drainage, proposed landscaping, and construction of a swimming pool. 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 site has 12 protected trees and none are proposed for removal. Tree protection fencing is required to be installed prior to issuance of building permits and shall remain in place for project duration. Resolution No. 24-002 Page 3 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. 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 structures proposed height does not exceed the maximum allowable height for a two-story single-family residence, proposed setbacks meet or exceed the minimum required by the zoning district, and windows facing the side neighboring properties have increased sill heights, are fewer in number, and smaller in size to minimize privacy impacts. The Zoning Regulations are the implementing document of Saratoga's General Plan. The General Plan's Conservation Element includes Implementation Policy OSC.7 which states that development proposals shall be designed to preserve and protect existing views, view corridors, and scenic open spaces — and that land use proposals within the western hillsides shall include strategies to protect viewsheds by ensuring that improvements within the hillsides blend in with the natural environment. Community viewsheds refer to regulating what is constructed in the western hillsides to preserve the appearance of the hills when viewed from the valley floor and from within the hillsides themselves. The project is not located within the western hillside area so there are no community view sheds in the vicinity of the project. d. The overall mass and the height of the structure, and its architectural elements are in scale with the structure itself and with the neighborhood. 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 mass and height of the structure, and its architectural elements are in scale with the structure and the neighborhood. The impression of mass was reduced by reducing the overall building height and finish floor, lowering the plate height of the garage so that it is consistent with the plate height and fascia of the rest of the first story, and changing the first story gable roof on the right side of the front elevation to a hipped roof. e. The landscape design minimizes hardscape in the front setback area and contains elements that are complimentary to the neighborhood and streetscape. 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 affirmative in that the proposed landscaping for the front yard will include existing turf, flowering groundcovers, and a permeable paver driveway and front entrance pathway. At least 66% of the front yard will be landscaped. f. Development of the site does not unreasonably impair the ability of adjoining properties to utilize solar energy. 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 applicant has provided a "solar study" which illustrates that the project will not unreasonably impair the ability of adjoining properties to utilize solar energy. The solar study analyzed shadows cast during the day on June 21 (longest day of the year and December 21 (shortest day of the year). The longest shadows would be cast on adjoining properties in the morning and late afternoon of December 21. The adjacent site to the right at 19538 Athos Place would experience shadowing on a small portion of the front yard in the morning and the adjacent site to the left at 19336 Athos Place would experience shadowing on a portion of the side yard. The development will not unreasonably impair the ability of adjoining properties to utilize solar energy as the tallest elements of the structure are located at the center of the site to minimize shadowing, the project meets or exceeds required Resolution No. 24-002 Page 4 setbacks, and the orientation of the sun with respect to the location of the site will not unreasonably cast shadows on adjoining properties. g. The design of the structure and the site development plan is consistent with the Residential Design Handbook, pursuant to Section 15-45.055. 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 is in scale with the neighborhood; the structure is set back in proportion to the size and shape of the lot; site development follows contours and is appropriate given the property's natural constraints. In addition, the proposed materials, colors, and details enhance the architecture in a well composed, understated manner. 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.On hillside lots, the location and the design of the structure avoid unreasonable impacts to ridgelines, significant hillside features, community viewsheds, and in compliance with Section 15-13.100. This finding is not applicable to the project as the site is not located within the Hillside Residential Zoning District, has a slope of less than 10%, and is therefore not classified as a hillside lot. Section 5: The City Council of the City of Saratoga hereby approves Design Review and Arborist Review Application PDR22-0016/ARB22-0080 located at 19348 Athos Place (APN 389-33-010). The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 171" day of January 2023 by the following vote: AYES: COUNCIL MEMBERS PAGE, WALIA, VICE MAYOR AFTAB, MAYOR ZHAO NOES: NONE ABSENT: COUNCIL MEMBER FITZSIMMONS ABSTAIN: NONE Yan Zhao, Mayor ATTEST: Britt Avrit, MMC, City Clerk Resolution No. 24-002 Page 5 CONDITIONS OF APPROVAL PDR22-0016/ARB22-0080 (389-33-010) 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. Resolution No. 24-002 Page 6 COMMUNITY DEVELOPMENT DEPARTMENT 5. 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. 6. The development shall be located and constructed to include those features, and only those features, as shown on the plans approved by the Planning Commission on November 8, 2023. 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 the City Code. 7. 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. 8. 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. 9. 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 the 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. 10. All fences, walls and hedges shall conform to height requirements provided in the City Code Section 15-29. Resolution No. 24-002 Page 7 11. 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. 12. 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. 13. A locking mailbox approved for use by the U.S. Postal service shall be installed and in compliance with Saratoga Municipal Code section 6-25.030. The mailbox shall be installed prior to final inspection. 14. A Building Permit must be issued, and construction commenced within 36 months from the date of adoption of this Resolution or the Design Review Approval will expire unless extended in accordance with the City Code. 15. West Valley Collection & Recycling is the exclusive roll -off and debris box provider for the City of Saratoga. 16. Prior to final inspection, landscaping to include the planting of trees and/or tall shrubs shall be planted along the common property line between the subject site and the adjacent property located at 19336 Athos Place. The purpose of this landscaping is to screen views from the second story front window of bedroom #2 and the side facing windows of 19336 Athos Place FIRE DEPARTMENT 17. The owner/applicant shall comply with all applicable Fire Department requirements. ARBORIST 18. All requirements in the City Arborist Report (ARB23-0071) dated May 3, 2023, are hereby adopted as conditions of approval, and shall be implemented as part of the approved plans. Resolution No. 24-002 Page 8 ENGINEERING 19. 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. 20. 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. 21. 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. 22. Damages to driveway approach, curb and gutter, public streets, or other public improvements during construction shall be repaired prior to final inspection. 23. All new/upgraded utilities shall be installed underground. 24. 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. 25. 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). 26. 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: • Owner shall implement construction site inspection and control to prevent construction site discharges of pollutants into the storm drains per approved Erosion Control Plan. • 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. Resolution No. 24-002 Page 9 • 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. The owner shall be required to timely correct all actual and potential discharges observed. 27. 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. 28. 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. 29. Prior to the Building final, all Public Works conditions shall be completed per approved plans. 30. 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. BUILDING DEPARTMENT SUBMITTAL 31. 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. Arborist Report dated May 3, 2023. c. All additional drawings, plans, maps, reports, notes, and/or materials required by the Building Division. d. This signed and dated Resolution printed onto separate construction plan pages.