HomeMy WebLinkAboutCity Council Resolution 03-029
RESOLUTION NO. 03-029
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA DENYING THE APPEAL OF
THE APPROVAL OF DESIGN REVIEW AND USE
PERMIT APPLICATIONS
LOCATED AT 13601 SARATOGA AVENUE
St. Andrew's Parish and School
WHEREAS, the City Council ofthe City of Saratoga has received an appeal of
the Planning Commission approval of Design Review and Use Permit Applications
located at 13601 Saratoga Avenue for the demolition of the existing buildings (with the
exception of the sanctuary, which is to remain) and the construction of several new
structures. Proposed buildings include: a performing arts/gymnasium, administration
offices, classrooms, a parish center, and a clergy building. New building construction
will total approximately 72,705 square feet; and
WHEREAS, on March 12, 2003 the Planning Commission held a duly noticed
Public Hearing where the above project was approved and appealed to the City CounciL
On May 21, 2003 the City Council held a duly noticed public hearing at which time all
interested parties were given a full opportunity to be heard and to present evidence; and
WHEREAS, the City Council of the City of Saratoga has considered the
application and all testimony and other evidence submitted in connection therewith; and
WHEREAS, the City Council upheld the determination and findings of the
Planning Commission approval of Design Review and Use Permit Applications; and
WHEREAS, the applicant has met the burden of proof required to support said
application for Design Review and Use Permit Approval, and the following findings have
been determined:
Design Review Findings
(a) Avoid unreasonable interference with views and privacy.
· Photomontages (sheetA3.5, figures 2,3) illustrate the perimeter buildings will not
adversely affect views.
· Clerestory windows (narrow windows installed above eye-level) in the parish
center (sheet A3.3, figures 10,11) will protect the privacy of adjacent property
owners.
· The taller, three story buildings are not located at the perimeter ofthe site. The
placement of the buildings on site reflects the number of stories and height of the
buildings.
· Landscape buffering installed on the project site between the residences on Tweed
and the parish center and north classroom buildings will further increase
compatibility between the parish and school and the residences_
(b) Preserve natural landscape.
· The applicant shall obtain a grading and drainage permit from the public works
department which will ensure that grading, drainage, erosion and run-off are
monitored for compliance with City standards.
· The applicant proposes approximately 54 new landscaping trees (sheet LL2).
· $28,827 in native replacement trees are required.
· All lighting, with the exception of proposed up-lighting for existing signage, shall
be down cast "cut-off' type which will not cast glare on adjoining properties.
· No lighting including security lighting shall be permitted along the shared
property lines between the project site and adjacent residences. A proposed
security light located near the parish center shall be relocated away from the
residential property (sheet L1.4, site lighting, landscape details).
· Interior building lights shall not be illuminated in the evenings when not in use_
( c) Minimize perception of excessive bulk.
· Architectural shadowing and details have been enhanced from the previous
submittal to minimize the perception of excessive bulk.
(d) Compatible bulk and height.
· The facade of the clergy building will not exceed 30 ft in height as viewed from
Saratoga Avenue_
(e) Current grading and erosion control methods
· Applicant/developer shall file a Notice ofIntent (N0l) with the Regional Water
Quality Control Board to obtain coverage under the Construction Activities Storm
Water General Permit. Storm Water Pollution Prevention Plan (SWPPP) shall be
developed in accordance with Section A of the General Permit. Satisfactory
evidence of the filing ofNOl and a copy of SWPPP shall be submitted to the
Public Works Department prior to issuance of a Grading Permit.
· Applicant/developer shall include in the site design stormwater treatment
measures in order to reduce pollutant discharges to storm drain system_ These
measures might include, but not necessarily be limited to: vegetative swales or
strips, porous pavement, inlet filters, infiltration trenches, underground
filtering/retention devices_ In addition, applicant shall ensure for the proper
maintenance of these treatment measures and submit a copy of maintenance
agreement.
(f) Design policies and techniques (policies #1,3,4 related to mass, and bulk, view,
privacy, are detailed above (a-e) the following findings support policies relating to the
environment (policy #2) and energy efficiency (policy #5): .
· The building "envelope" assemblies, (roof, wall and glazing) are insulated to
reduce heat gain/cooling losses in the summer and heat loss during the winter
The Performing Arts/Gymnasium building will have high operable windows to
allow warm air to escape without the need offan units. In all buildings the
glazing oriented towards the south and west will be low "e" type glass to
eliminate solar heat gain during the warmer months. Heating and cooling
equipment will be high efficiency units. Where applicable, such as the
Administration/Classroom wing, V A V reheat zoning will reduce the overall
building load by targeting only spaces that require temperature adjustments,
High/low operable windows to provide the option for natural ventilation and
eliminate the need for mechanically induced airflow within spaces. Roof
overhangs to reduce potential for solar heat gain_ Daylighting wherever possible
to reduce need for artificial lighting. This will come in the form of lightwells,
skylights and northern glazing_ Combine T-8lamps with an indirect lighting
configuration for more efficiency. Fixtures shall provide a "whiter" light to
reduce lamp count. New planting types are low water consumption species.
· Natural materials and colors will be used including a mixture of 8-inch lapped
horizontal siding and cement plaster. Proposed colors include: brown siding and a
brown and light-beige cement plaster. Roof materials include brown asphalt
shingles (sheet M-I).
· Landscape buffing will be utilized between the site and the residences and
approximately 30 new trees will be planted in the parking lot to blend the
structures with the environment.
Conditional Use Permit Findings
(a) That the proposed location of the conditional use is in accord with the objectives of
the Zoning Ordinance and the purposes ofthe district in which the site is located.
· The land use at the site remains unchanged_
· The project is both consistent with the purposes of the R-l zone district and the
zoning ordinance in that the project, as conditioned, ensures adequate light, air,
and privacy for surrounding single-family dwellings.
(b) That the proposed location of the conditional use and the conditions under which it
would be operated or maintained will not be detrimental to the public health, safety or
welfare or materially injurious to properties or improvements in the vicinity_
· The project has been mitigated to reduce noise, mass, bulk, and height and to
protect views and privacy of surroundings single-family residences.
· The project protects single-family dwellings ITom any project generated
congestion by limiting the student enrollment and increasing the vehicle queuing
area for student drop off and pick up_
(c) That the proposed conditional use will comply with each of the applicable provisions
of this Chapter.
· The City gave special consideration to the project's effects on surrounding
properties and as a result has imposed reasonable conditions of approval.
· Three story elements of the project are permitted by the zoning ordinance and
general plan.
NOW, THEREFORE, the City Council of the City of Saratoga does hereby resolve as
follows:
Section 1. After careful consideration of the site plan, architectural drawings,
plans and other exhibits submitted in connection with this matter together will all public
testimony and other evidence submitted during the public hearing, the application for
Design Review and Use Permit Approval is hereby granted subject to the following
conditions:
COMMUNITY DEVELOPMENT
I) The 54 ft. bell tower shall be eliminated from the project
2) Clerestory windows (narrow windows installed above eye-level) shall be installed in
the parish center (sheet A3.3, figure 10, 11). The applicant shall work with the property
owner at 19541 Tweed to resolve privacy issues regarding the north classroom building.
Staff shall work with the applicant to ensure the nursery in the Parish Hall has adequate
natural light
3) The administration/classroom building shall not exceed 32.5 as viewed from Saratoga
Avenue_ The clergy building shall not exceed 30 feet in height at any point as viewed
from Saratoga Avenue (front of buildings).
4) All lighting shall be down cast "cut-oft" type which will not cast glare on adjoining
properties_
5) No lighting including security lighting shall be permitted to shine into any residential
properties_
6) The existing blue tables and benches located outdoors along the shared property lines
of residences on Tweed Court shall be removed to reduce the impacts of outdoor parish
and school activity on the residential uses.
7) Interior building lights shall not be illuminated in the evenings when not in use.
8) An 8 foot wood acoustical barrier shall be constructed along the entire property line
between 19541 Tweed Court and the project site_
9) Landscape screening shall be installed between the proposed buildings and the shared
property lines to buffer to the adjoining residential properties on Tweed. A revised
landscape screening plan shall be submitted to staff prior to building permit issuance.
The landscape plan shall be circulated and reviewed by the neighboring property owners
on Tweed Ct The location of the landscape screening shall be the result of an onsite
meeting with neighboring property owners scheduled for March 7,2003. The screening
trees shall be irrigated as applicable. The landscape screening shall be installed prior to
final inspection.
10) Planning Commission approval shall be required to mcrease student enrollment
beyond 450 students.
II) Enrollment figures shall be submitted to the planning department each faiL
12) Outdoor concerts, amplified voices, or music shall not be permitted in any outdoor
location.
13) The housing for existing hvac located by the existing sanctuary shall be further
insulated to provide a more effective noise buffer from adjoining residential properties_
14) Noise from proposed hvac equipment shall be buffered as to not infringe upon the
quality of life ofthe surrounding residential properties.
15) To deter bicycle theft and thus encourage bicycling to and from the site staff
recommends secure bicycle parking be provided. Bicycle racks such that only one wheel
and not the entire frame can be locked to the rack shall not be utilized because they are
not secure. Staff recommends P1.2 Class II types be utilized (attachment M, figure P-I,
Bicycle Technical Guidelines, A Guide for Local Agencies in Santa Clara County)_
16) The pathway required by the public works department across the adjacent property
shall be located awqy from the edge of street.
17) The mitigation monitoring program agreement form shall be signed by the applicant
with the resolution of approval to ensure that the mitigation monitoring program is
enforced.
18) The development shall be located and constructed as shown on Exhibit "A"
incorporated by reference and including conditions of approvaL
19) The noise barrier boundary is to be revised on sheet AI,I to only incorporate the
property at 19541 Tweed Ct. The property owner at 19540 Tweed Ct has not determined
their wishes for a new fence at this time. The applicant will work with the property
owners at 19540 Tweed Ct to ensure their fencing and landscaping desires are met.
20) Four sets of complete construction plans incorporating this Resolution and the City
Arborist Report as a separate plan page shall be submitted to the Building Division prior
to submittal for building permits.
21) The site survey shall be stamped and signed by a Registered Civil Engineer or
Licensed Land Surveyor.
22) The site plan shall contain a note with the following language: "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"
23) Landscaping shall be installed prior to granting final occupancy inspection.
24) The planning commission shall retain continuing jurisdiction over the Conditional
Use Permit and may at any time, modify, delete or impose any new conditions of the
permit to preserve public health, safety, and welfare.
25) Any intensification of this use shall require an amended Conditional Use Permit.
26) The City shall monitor venue traffic and associated complaints for 6 months after
occupancy_ The City many determine additional restrictions are necessary.
SANTA CLARA VALLEY WATER DISTRICT
27) To prevent pollution from construction activity, including sediments, from reaching
Saratoga Creek, the Santa Clara Urban Runoff Pollution Prevention Program's
recommended Best Management Practices for construction activities as contained in a
"Blueprint for a Clean Bay" and the "California Storm Water Best Management Practice
Handbook for Construction" shall be followed.
28) Postconstruction water quality mitigation needs to be implemented_ The design of
the project area should incorporate water quality mitigation measures such as those found
in the "Start at the Source-Design Guidance Manual for Stormwater Quality Protection,"
prepared for the Bay Area Stormwater Management Agencies Association.
29) If applicable, a district permit shall be obtained prior to building permit issuance.
PUBLIC WORKS
30) Developer shall extend the school's Southernmost driveway approach and curb
approximately 15 feet into the Saratoga Avenue right-of way. Smooth transitions shall be
made into existing curb/gutter sections on either end of the new approach.
31) Developer shall construct a continuous asphalt berm (Caltrans type) within the City
right-of-way along Saratoga Avenue, extending rrom the Southern limit of school/church
property to the pedestrian crossing at Crestbrook Drive. Additionally, developer shall
construct a five foot-wide asphalt pathway that will connect the pedestrian crossing at
Crestbrook Drive with the existing school parking lot. This path will run parallel to the
asphalt berm mentioned above. The pathway required by the public works department
across the adjacent property shall be located awqy from the edge of street
32) Developer shall submit a set of plans to the Saratoga Public Works Department for
review and acceptance of design for above Items 28 and 29.
33) Developer shall obtain an encroachment permit from the Saratoga Public Works
Department for the above stated work (Items 28 and 29)_
34) Applicant/developer shall file a Notice ofIntent (NOl) with the Regional Water
Quality Control Board to obtain coverage under the Construction Activities Storm Water
General Permit. Storm Water Pollution Prevention Plan (SWPPP) shall be developed in
accordance with Section A ofthe General Permit. Satisfactory evidence of the filing of
Nor and a copy of SWPPP shall be submitted to the Public Works Department prior to
issuance of a Grading Permit.
35) Applicant/developer shall include in the site design stormwater treatment measures in
order to reduce pollutant discharges to storm drain system_ These measures might
include, but not necessarily be limited to: vegetative swales or strips, porous pavement,
inlet filters, infiltration trenches, underground filtering/retention devices. In addition,
applicant shall ensure for the proper maintenance of these treatment measures and submit
a copy of maintenance agreement.
36) Submit grading and drainage plans to the public works department for review.
CITY ARBORIST
37) All recommendations in the City Arborist's Report shall be followed and
incorporated into the plans.
FIRE PROTECTION DISTRICT
38) All development review conditions from the Saratoga Fire Department shall be
followed and incorporated into the plans.
CITY ATTORNEY
39) Applicant agrees to hold City harmless from all costs and expenses, including
attorney's fees, incurred by the City of held to be liability of City in connection with
City's defense of its actions in any proceeding brought in any State Federal Court,
challenging the City's action with respect to the applicant's project.
Section 2. Construction must be commenced within 24 months or approval will expire_
Section 3. All applicable requirements of the State, County, City and other Governmental
entities must be met.
Section 4_ Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga
City Code, this Resolution shall become effective fifteen (15) days from the date of
adoption_
PASSED AND ADOPTED by the City Council of Saratoga, State of California,
this 21th day of May 2003 by the following roll call vote:
AYES: Councilmember Kathleen King, Vice Mayor Ann Waltonsmith,
Mayor Nick Streit
NOES: None
ABSENT: Councilmember Stan Bogosian
ABST AIN: Councilmember Norman Kline
Nick Streit, Mayor
This permit is hereby accepted upon the express terms and conditions hereof, and shall
have no force or effect unless and until agreed to, in writing, by the Applicant, and
Property Owner or Authorized Agent The undersigned hereby acknowledges the
approved terms and conditions and agrees to fully conform to and comply with said terms
and conditions within the recommended time frames approved by the City Planning
Commission.
Jrfr_ò_'~ V Vw-I¿7/ Þ
Property Owner or Authorized Agent
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Date