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HomeMy WebLinkAboutCity Council Resolution 24-056, Approve the House Family Vineyard TCP Extension RESOLUTION NO: 24-056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE TEMPORARY COMPLIANCE PLAN EXTENSION (APPLICATION MISC24-0006)FOR HOUSE FAMILY VINEYARDS SUBJECT TO CONDITIONS OLD OAK WAY(APNS 503-15-078,503-15-081, 503-15-082,503-15-083) WHEREAS, the City's Code Compliance Policy requires, 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 had 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 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 Resolution 24-056 Page 2 WHEREAS,on August 24, 2022 an appeal to the City Council was filed by Nancy Lietzke ("Appellant"); and 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 Temporary Compliance Plan extension request, 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 without the requested expansion of days and times of the wine tasting operation or catering; and WHEREAS, on July 11, 2024, an application was filed by the applicant asking for a 12- month extension of the Temporary Compliance Plan approval, to continue a wine tasting operation under the conditions of the current Temporary Compliance Plan; and WHEREAS,the TCP was reviewed by Santa Clara County Fire Department(SCCFD)which was approved on July 31, 2024, for a term ending September 30, 2025, subject to conditions of approval; and WHEREAS, the TCP was reviewed by Department of Environmental Health (DEH) and was denied on August 20,2024;and WHEREAS,due to DEH's denial,Owners have proposed utilizing a temporary toilet connected to a new sewer lateral to be served by Cupertino Sanitary District's wastewater treatment system;and WHEREAS,on September 18, 2024, following a duly noticed public hearing, 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 MISC24-0006 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. Resolution 24-056 Page 3 The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 181h day of September 2024, by the following vote: AYES: COUNCIL MEMBERS FITZSIMMONS, PAGE, VICE MAYOR AFTAB NOES: COUNCIL MEMBER WALIA, MAYOR ZHAO ABSENT: NONE ABSTAIN: NONE Yan Zh , Mayor ATTEST: �C!� � 4 Britt Avrit, MMC, City Clerk Resolution 24-056 Page 4 Exhibit 1 CODE COMPLIANCE PLAN FOR HOUSE FAMILY VINEYARDS APNs 503-15-078,503-15-081,503-15-082,503-15-083 THIS CODE COMPLIANCE PLAN("Agreement")is made and entered into this 23rd day of ep em er ,2024, 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, which was extended for one year by the City Council on September 6, 2023; and WHEREAS, the Owners have applied for second extension of the Temporary Compliance Plan to continue wine tasting outdoors and by appointment. I Resolution 24-056 Page 5 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: 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 Owners shall obtain permits and final inspection from the Cupertino Sanitary District and the City for the sewer lateral connection to a temporary toilet prior to operating under the attached Code Compliance Plan. 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. The 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 commercial operations on the Property upon the earlier of(i)two years after the date of approval of Design Review and a Conditional Use Permit, (ii)issuance of Final Inspection of the tasting deck and associated restrooms, or(iii)denial of the Design Review and Conditional Use Permit application. 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 2 Resolution 24-056 Page 6 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. 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. Each signatory to this Agreement represents and warrants that they are authorized to sign this Agreement. This Agreement 3 Resolution 24-056 shall not be modified except by written instrument executed by City and the Owners at Page 7 the time of modification. 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 parry'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 parry. 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: To Owners: City of Saratoga David L House Community Development Director House Family 13777 Fruitvale Avenue Vineyards Saratoga, CA 95070 13340 Old Oak Way Saratoga, CA 95070 with a copy to: RE EIVS0 City of Saratoga City Clerk 5EP 2 3 Me! 13777 Fruitvale Avenue CITY OF A TOGA Saratoga, CA 95070 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. [Signatures on Following Page] HOUSE FAMILY VINEYARDS DATE: Z Z 4 Resolution 24-056 Page 8 David L House CITY OF SARATOGA DATE: Bryan Swanson Community Development Director 5 Resolution 24-056 Page 9 EXHIBIT A CODE COMPLIANCE PLAN 1. This plan is valid until the earliest of the following: a. Two years after the date of approval of Design Review and a Conditional Use Permit; or b. Issuance of Final Inspection for the tasting deck and associated restrooms; or c. Upon the Denial of the Design Review and Conditional Use Permit application_ 2. The Temporary Compliance Plan is confined to the area as shown in figures 1 & 2 of Exhibit B. 3. Any physical work not authorized herein, 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. There shall be no catering services on the Property. 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. 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 1 Resolution 24-056 Page 10 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 receive approval from Cupertino Sanitary District ("District") for construction of a sewer lateral to connect a temporary toilet to the District's wastewater system, and complete construction and connection thereof, prior to continuing operation after September 30, 2024. Upon expiration of this Temporary Compliance Plan, Owners shall abandon the sewer lateral and physically sever the lateral from the sewer main. Prior to continuing operation after September 30, 2024, Owners shall also provide a bond to the City in the amount of 125% of the estimated cost to abandon and sever the lateral from the sewer main. Owners shall provide a cost estimate for abandonment of the sewer lateral and connection for review and approval by the City prior to posting the bond. 16. Owners consent to inspections by City and other regulatory agencies during events or when complaints are received. 17. If there are 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 25, 2024, approval of this plan shall expire and be of no force and effect. 2 Resolution 24-056 Page 11 EXHIBIT B Nctj E ky efy Z ,yyyh c4 �' .r 1 1ZL?vII ar M." z �� Figure 1. laumi Point—Proposed Temporary Compliance Plan Operations House Family Vineyards Temporary Compliance Plan • - :YMla®vr :G AY p) _ Ga�!.-•fir^ _ SG�'w:t®�Y! Figure 2.lzumi Point Site Plan 1825664.1 3 Resolution 24-056 page 12 pI+AR.�C q� F � - — SANTA CLARA COUNTY FIRE DEPARTMENT IRE II I I: 1 I couRiar.asoiJice". PLAN REVIEW No. 24 2915 BLDG DEVELOPMENTAL REVIEW COMMENTS PERMIT No. Plans and Scope of Review: This_prolect review is based on the following: The California Fire (CFC), 2019 edition, as adopted by the City of Saratoga Municipal Code (SMC) and California Code of Regulations(CCR). All construction work entitiled by this development review shall be subject to the building standards in affect at time of permit submittal. The scope of this project includes the following: The proposed use includes a request for temporary use of grade-level exterior space, immediately inside the site's vehicle entrance gate (Izumi Point). The revised location is on a separate parcel than the illegal tasting deck near the previously proposed location. The proposed temporary use is limited to maximum 49 persons, including patrons and staff, on site at any one time. Plans Status: The revised temporary compliance plan is APPROVED, subject to compliance with the following comments. These conditions apply to the proposed, exterior use only. These conditions shall not be construed to apply to any future building(s)or legalization of the existing "tasting deck". Plan Review Comments: 1. Fire department access onto&throughout the site, via existing fire lanes, shall be maintained passable by fire apparatus at all times, with a minimum clear, unobstructed roadway width of 20 feet. Fire hydrants and other suppression equipment shall be maintained obstructed. 2. Smoking shall not be permitted in any tent or temporary membrane structure or in any adjacent areas where hay, straw, or any other combustible materials are stored or used. Approved "NO SMOKING"signs shall be conspicuously posted. 3. The existing electronic gate, across the proposed access road, shall have an approved means of emergency operation by Fire Department personnel. Difficulty using existing means was experienced during prior site visit, warranting further validation. 4. Defensible space shall be maintained in accordance with Cal Fire guidelines including consideration for slope adjustments. r, Arni I Ico of fI Iol nnuiororl annlinnnoc to n nafin hoatorcl chall ho in annnrrinnno%Aiifh C(`('.Pn &anrlarri CI-.Q City PLANS SPECS NEW RMDL AS OCCUPANCY CONST.TYPE ApplicantName DATE PAGE STG ❑ ❑ ❑ ❑ ❑ David House 07/31/2024 1 OF 2 SECIFLOOR AREA LOAD PROJECT DESCRIPTION PROJECT TYPE OR SYSTEM Commercial Development Temp.Compliance Plan NAME OF PROJECT LOCATION HOUSE FAMILY VINEYARDS-TEMP USE 13340 Old Oak Way Saratoga TABULAR FIRE FLOW REDUCTION FOR FIRE SPRINKLERS REQUIRED FIRE FLOW®20 PSI BY Mckenna,Matthew Seruing Santa Clara County and the communities of Campbell, Cupertino, Los Altos, Los Altos Hills, Los Gatos, Monte Sereno, and Saratoga. Resolution 24-056 Page 13 C RSA O SANTA CLARA COUNTY FIRE DEPARTMENT FIRE 14700 I I: I 1 1 www.sccfd.org tO11BTE9Yb sEiiVi'cEPLAN ' REVIEW No. 24 2915 BLDG DEVELOPMENTAL REVIEW COMMENTS PERMIT No. 6. Any storage of LP containers shall be in accordance with Chapter 61 of the California Fire Code. 7. Contact this office at 408-341-4420 for site inspection prior to initiation of proposed use. This review shall not be construed to be an approval of a violation of the provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A permit presuming to give authority to violate or cancel the provisions of the fire code or other such laws or regulations shall not be valid. Any addition to or alteration of approved construction documents shall be approved in advance[CFC, Ch.1, 105.3.6]. (updated 8/6/24- MM) City PLANS SPECS NEW RMDL AS OCCUPANCY CONST.TYPE �ApplicantNam@ DATE PAGE STG ❑ ❑ ❑ 1-3 ElDavid House 07/31/2024 2 OF 2 SEC/FLOOR AREA LOAD PROJECT DESCRIPTION PROJECT TYPE OR SYSTEM Commercial Development Temp.Compliance Plan NAME OF PROJECT LOCATION HOUSE FAMILY VINEYARDS-TEMP USE 13340 Old Oak Way Saratoga TABULAR FIRE FLOW REDUCTION FOR FIRE SPRINKLERS REQUIRED FIRE FLOW®20 PSI BY Mckenna,Matthew Serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos, Los Altos Hills, Los Gatos,Monte Sereno, and Saratoga.