HomeMy WebLinkAboutCity Council Resolution 24-058, Denying Appeal 13760 Manteca WayRESOLUTION NO: 24-058
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA DENYING APPEAL APCC24-0003, AND APPROVING
DESIGN REVIEW PDR24-0002 LOCATED AT
13760 MANTECA WAY (APN 389-30-024)
WHEREAS, on February 11, 2024, an application was submitted by Vandana and Milind
Pawar requesting Design Review approval to construct a 781 square foot second story addition to
an existing one story single-family residence with an overall height of 25'-1 ". No protected trees
are proposed for removal (project).
WHEREAS, on August 14, 2024, 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, the Planning Commission approved Design Review application PDR24-
0002.
WHEREAS, on August 29, 2024, an appeal to the City Council was filed by Yung Feng
& Rony Feng ("Appellants").
WHEREAS, on October 2, 2024, 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.
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
August 14, 2024, and approves the applicant's Design 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.
Resolution 24-058
Page 2
Section 3: 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 project only includes the construction of a second story addition, and no
grading is proposed to construct the project.
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 project is limited to the construction of a second story addition and no protected trees will
be impacted for its construction.
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 the proposed residence complies
with the maximum height limitation of 26 feet allowable for residential structures; the rear facing
second story windows are limited in number with one of the windows located in a stairwell; the
second story has no second story windows facing the adjacent property to the left, and the second
story balcony will be located at the front of the structure to avoid views into the rear and side yards
of adjacent neighbors. There are no community viewsheds in the vicinity of the site.
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. This finding can be made in the affirmative in that
the proposed residence complies with the maximum height limitation of 26 feet allowable for
residential structures; the building has varying architectural forms and projections to break up the
appearance of mass, the building setbacks meet or exceed those required for the R-1-10,000 zoning
district.
e. The landscape design minimizes hardscape in the front setback area and contains elements that
are complimentary to the neighborhood and streetscape. This finding can be made in the
affirmative in that existing landscaping within the front setback area includes lawn areas, drought
resistant shrubs, trees, and groundcover. No additional landscaping is proposed.
Resolution 24-058
Page 3
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 development will not
unreasonably impair the ability of adjoining properties to utilize solar energy as the project exceeds
the required side and rear setbacks, and the orientation of the sun throughout the day with respect
to the location of the site and position/height of the structure 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. 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 and the structure is set back in proportion to the size and shape of the lot. 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. This finding is not applicable to the project in that the site is not characterized as a
hillside lot nor is the site located within the Hillside Residential zoning district.
Section 5: The City Council of the City of Saratoga hereby approves Design Review
Application PDR24-0002 located at 13760 Manteca Way (APN 389-30-024).
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 2" d day of October 2024 by the following vote:
AYES: COUNCIL MEMBERS FITZSIMMONS, PAGE, WALIA, VICE MAYOR
AFTAB, MAYOR ZHAO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Yan Zhao, Mayor
ATTEST:
Britt Avrit, MMC, City Clerk
Resolution 24-058
Page 4
CONDITIONS OF APPROVAL
PDR24-0002
(389-30-024)
GENERAL
All conditions below which are identified as permanent or for which an alternative period for
applicability is specified shall run with the land and apply to the landowner's successors in
interest for such time. 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. 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. 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 24-058
Page 5
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 August 14, 2024.
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 24-058
Page 6
11. 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.
12. 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.
13. West Valley Collection & Recycling is the exclusive roll -off and debris box provider for the
City of Saratoga.
14. Prior to Building Department final inspection, no less than 15 trees shall be planted along the
rear property line as illustrated in the approved Privacy Plan. These trees shall be maintained
at overall heights of at least 13 feet.
FIRE DEPARTMENT
15. The owner/applicant shall comply with all applicable Fire Department requirements.
ENGINEERING
16. 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.
17. Applicant / Owner shall obtain an encroachment permit for 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.
18. Applicant / Owner shall make the following improvements in the City right-of-way:
a. Obtain an encroachment permit and replace nonconforming/damaged curb and gutter in
front of driveway.
See City of Saratoga Standard Details for removal and new installation. New flow line shall
conform to existing flow lines and grade.
19. Damages to driveway approach, curb and gutter, public streets, or other public improvements
during construction shall be repaired prior to final inspection.
20. All new/upgraded utilities shall be installed underground.
Resolution 24-058
Page 7
21. 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.
22. 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).
23. 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.
• 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.
24. 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.
25. Prior to the Building final, all Public Works conditions shall be completed per approved plans.
BUILDING DEPARTMENT SUBMITTAL
26. 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. All additional drawings, plans, maps, reports, notes, and/or materials required by the
Building Division.
c. This signed and dated Resolution printed onto separate construction plan pages.
***End of Conditions ***