HomeMy WebLinkAboutCity Council Resolution 97-17 RESOLUTION NO. 97- 17
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA DENYING AN APPEAL FROM
THE DECISION OF THE PLANNING COMMISSION
DR-96-056; UP-96-016; ARGONAUT ASSOCIATES
SARATOGA-SUNNYVALE ROAD AT BLAUER DRIVE
WHEREAS, Argonaut Associates, the applicants, have applied for design
review approval to redevelop and expand the Argonaut Shopping Center by
renovating the existing commercial structures and constructing two new free-standing
buildings. Use permit approval is necessary to allow the existing 30,070 sq. ft.
Safeway Supermarket to be expanded by 10,720 sq. ft.; and
WHEREAS, on February 12, 1997, the Planning Commission of the City of
Saratoga held a duly noticed public heating on said application at which time all
interested parties were given a full opportunity to be heard and to present evidence
and following the conclusion thereof, the Planning Commission granted the
application;
WHEREAS, the granting by the Planning Commission has been appealed to
the City Council by the applicant.
WHEREAS, on March 19, 1997, the City Council conducted a de novo
heating on the appeal at which time any person interested in the matter was given a
full opportunity to be heard;
WHEREAS, the City Council reviewed and considered the staff report,
minutes of proceedings conducted by the Commission relating to the application, and
the written and oral evidence presented to the City Council in support of and in
opposition to the appeal.
NOW, THEREFORE, be it resolved by the City Council of the City of
Saratoga as follows:
Section 1. Design Review Findings for DR-96-056.
By split vote of the City Council (Councilmember Jacobs voting in opposition)
the appeal from the Planning Commission is hereby denied, and the decision of the
Hanning Commission is affirmed to wit:
The applicant has met the burden of proof required to support the design
review application and the following findings have been determined:
The height, elevations and placement on the site of the proposed new
structures and the renovated existing structures, when considered with
reference to the nature and location of residential structures on adiacent
lots, will avoid unreasonable interference with views and privacy.
The proposed new structures and the renovated existing structures in
relation to the immediate neighborhood will minimize the perception of
excessive bullc
The proposed new structures and the renovated existing structures will
be compatible in terms of bulk and height with existing residential and
commercial structures on adjacent lots and those within the immediate
neighborhood and within the same zoning district, and will not
unreasonably impair the light and air of adjacent properties nor
unreasonably impair the ability of adjacent properties to utilize solar
energy.
The proposed site development plan incorporates current grading and
erosion control standards used by the City.
- The proposed new structures and the renovated existing structures are
consistent with the Saratoga Commercial-Neighborhood zoning
ordinance and all other applicable development regulations and design
policies.
Section 2. Conditional Use Permit Findings For UP-96-016. By split vote of the
City Council (Councilmember Jacobs voting in opposition) the appeal from the
Planning Commission is hereby denied and the decision of the Planning Commission
is affirmed to wit: The applicant has met the burden of proof necessary to support
the application and the following timings have been determined:
- That the proposed supermarket expansion is in accord with the objectives of
the Zoning Ordinance and the Saratoga General Plan.
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That the proposed supermarket expansion would not be detrimental to the
public health, safety or welfare, nor materially iniurious to properties or
improvements in the vicinity in that appropriate conditions have been placed
on the project to minimize potential impacts.
- That the proposed supermarket expansion will comply with all other applicable
provisions of the Saratoga Municipal Code.
Section 3. After careful consideration of the site plan, architectural drawings,
plans and other exhibits submitted in connection with this matter, the application of
Argonaut Associates for design review approval and conditional use permit approval
be and the same is hereby granted to the extent set forth above and only subject to
the following conditions:
1. The development shall be located and constructed as shown on Exhibit "A"
(incorporated by reference) except as otherwise modified by these conditions
of approval.
2. Prior to submittal for Building or Grading Permit, the following shall be
submitted to Community Development Department staff in order to issue a
Zoning Clearance:
a. Four (4) sets of complete construction plans and four (4) sets of
engineered grading and drainage plans, all incorporating this Resolution
as a separate plan page.
b. Revised landscape plan indicating an effort to retain and incorporate as
many existing healthy trees as possible. All landscaping per the
approved/modified plan shall be installed.
c. Creek bank improvement plans for the northwest corner of the parking
lot indicating the removal of the chain link fence along the creek to be
replaced with half solid/half open wood fence, per Exhibit "A", along the
property line. A riparian enhancement plan shall also be prepared to
remove non-native planting and debris along the creek bank and
revegetate the area with native plants.
3. Prior to installation of any new signs in the Argonaut Shopping Center, the
applicants shall prepare a comprehensive sign design program for Community
Development Director review and approval.
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4. Pursuant to the applicant/owners' agreement with the neighboring property
owners, the following maintenance requirements shall apply:
a. All dumpsters shall be visually "walled-off" and gated, with the potential
to be locked.
b. Motion sensor triggered down-directed hooded light fixtures shall be
installed and maintained along the north and east sides of the main
building.
c. Speed bumps shall be installed along the north and east sides of the
parking lot.
d. Masonry or precast soundwalls, not to exceed 8 ft. in height, shall be
constructed along the north and east property lines. Final construction
plans shall be subject to City Arborist review and approval.
5. Exterior colors and materials shall be medium earthtone as reviewed and
approved by the Planning Commission, pursuant to the approved plans and
material board.
6. Provide one fire hydrant capable of delivering no less than 1500 GPM. Said
hydrant shall be located at or near the northeast comer of Saratoga-
Sunnyvale Rd. and Blauer Dr. The exact location shall be determined by the
fire chief.
7. The two new free standing structures, one at the northeast and one at the
southeast comer of Saratoga-Sunnyvale Rd. and Blauer Dr., shall be provided
with an early warning fire alarm system with a commercial fire alarm panel.
Said alarm system shall be installed in accordance with current California
State Fire Marshal, N.F.P.A., and Saratoga Fire District standards.
8. The two new free standing structures shall be equipped with an automatic
fire sprinkler system. Said system shall be designed and installed in
accordance with current California State Fire Marshal, N.F.P.A., and
Saratoga Fire District standards and specifications.
9. The existing shopping center and Safeway grocery store shall be provided
with an early warning fire alarm system with a commercial fire alarm panel.
Said system shall be zoned and installed in accordance with current
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Califomia State Fire Marshal, N.F.P.A., and Saratoga Fire District standards.
10. The existing shopping center and Safeway grocery store automatic sprinkler
system shall be retrofitted with a post indicator valve. The valves in the pit
shall be eliminated.
11. The existing shopping center and Safeway grocery store may need to be
retrofitted with attic area separations. Said separations shall be installed in
accordance with the current edition of the Uniform Building Code.
12. Subject to the review and approval of the Public Works Director, the
following improvement requirements. shall apply:
a. All utility services to existing and new buildings on both properties shall
be placed undergrotmd.
b. Overhead utility lines along Saratoga-Sunnyvale Road, fronting both
properties, shall be placed underground. To accomplish this, the ox~q~er
(applicant) shall agree to participate in a future Underground Utility
District formed by the City to underground utility lines along Saratoga-
Sunnyvale Road. Further, the owner (applicant) shall contribute to the
future Underground Utility District, the proportional cost of
undergrounding the utilities along both properties, in relation to the
total cost of the District, as determined by the Public Works Director
prior to commencement of the underground construction. Prior to the
issuance of any permits for construction activity on either property, the
owner (applicant) shall post a performance bond or other acceptable
security in an amount to be determined by the Public Works Director,
but not to exceed $300,000, to guarantee the contribution to the future
Underground Utility District.
c. City standard curb, gutter and sidewalks shall be installed along the
frontages of both properties. A bus turnout with but stop improvements
including a bus shelter, as required by the Santa Clara Valley
Transportation Authority, shall be installed along Saratoga-Sunnyvale
Road. Improvement plans depicting the above shall be submitted to the
Public Works Director for review and approval prior to the issuance of
any permits for construction activity on either property.
d. Existing median islands on Blauer Drive shall be removed and replaced
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with new landscaped median islands to be maintained by the owner
(applicant). The owner (applicant) shall enter into an agreement with
the City to provide for the maintenance of the median landscaping.
Prior to the issuance of any permits for construction activity on either
property, the owner (applicant) shall submit an improvement plan
depicting the proposed layout and landscaping of the new median
islands to the Public Works Director for review and approval.
e. The southbound left turn egress from the main entry shall be
eliminated/diverted.
f. The owner (applicant) shall post a performance bond or other
acceptable security in an amount to be determined by the Public Works
Director to guarantee completion of the improvements described in
paragraphs c, d and e above prior to the issuance of any permits for
construction activity on either property.
13. The owner (applicant) shall retain permits from Caltrans, the City of
Saratoga, and/or any other appropriate agencies prior to commencement of
any work.
14. 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. An Urban
Runoff Mitigation Plan shall be prepared and submitted for Community
Development staff review and approval incorporating, to the degree feasible,
stormwater infikration measures. Examples of appropriate measures include:
a. Schedule for regular patking lot cleaning.
b. Previous paving materials at perimeter of parking lot to collect and drain
sheet flow stormwater.
c. Filtered storm drains at locations where stormwater may drain through
garbage enclosures, and ffitration systems built into storm drains
wherever feasible.
15. Applicant agrees to hold City harmless from all costs and expenses, including
attomey's fees, incurred by the City or held to be the liability of City in
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connection with City's defense of its actions in any proceeding brought in
any State or Federal Court, challenging the City's action with respect to the
applicant's project.
16. Noncompliance with any of the conditions of this permit shall constitute a
violation of the permit. Because it is impossible to estimate damages the
City could incur due to the violation, liquidated damages of $250 shall be
payable to this City per each day of the violation.
Section 4. Construction must be commenced within 24 months or approval will
expire.
Section 5. All applicable requirements of the State, County, City and other
Governmental entities must be met.
Passed and adopted at a regular meeting of the City Council of the City of
Saratoga held on the 2nd day of Ap.~i l, 1997, by the following vote:
AYES: Councilmembers Bogosian, Jacobs, Shaw and Wolfe
NOES: None
ABSENT: Mayor Moran
ABSTAIN: None
ATrEST:
Deputy C ,
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