HomeMy WebLinkAboutCity Council Resolution 20-014 Approving appeal for 12452 Miller Ave.RESOLUTION NO: 20-014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING APPEAL APCC20-0001, AND APPROVING FENCE
EXCEPTION APPLICATION FER19-0001, LOCATED AT 12452 MILLER
AVENUE
(APN 386-29-030)
WHEREAS, on September 3, 2019 an application was submitted by Daphanie Lin
("Property Owner"), requesting Fence Exception approval to install a 6 foot tall solid wood
replacement fence to be constructed within a 25 foot exterior side setback area where the maximum
fence height is limited to 3 feet at 12452 Miller Avenue ("Project").
WHEREAS, on January 22, 2020, the Planning Commission held a duly noticed public
hearing on the Project, and considered evidence presented by City Staff and the property owner; and
WHEREAS, no other interested parties commented or presented evidence to the Planning
Commission, and the Planning Commission denied the Fence Exception application (FER19-0001);
and
WHEREAS, on February 6, 2020, an appeal to the City Council was filed by Daphanie
Lin ("Appellant"); and
WHEREAS, on April 15, 2020, 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, project
plans, CEQA documentation, and other materials, exhibits, and evidence presented by City Staff, the
appellant, and other interested parties; and
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 approves the appeal
of the appellant, reverses the decision of the Planning Commission of the City of Saratoga on April
15, 2020, and approves the applicant's Fence Exception 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 3: Pursuant to City Code Section 15-29.090(a), Fence Exception approval by the
Planning Commission is required to grant an exception to the regulations regarding fences. The
Fence Exception approval requirement implements the Saratoga General Plan, including but not
limited to: Land Use Policy 13.1 which provides that the City utilize the design review process and
the California Environmental Quality Act in the review of proposed projects to promote high
quality design, to ensure compliance with applicable regulations, to ensure compatibility with
surrounding properties and use, and to minimize environmental impacts; 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: Based on the approved plans, including the attached conditions of approval, the
required Fence Exception approval findings under Section 15-29.090 of the City Code can be made
and are set forth as follows:
15-29.090(a)(1): The subject fence will be compatible with other similar structures in
the neighborhood.
This finding can be made in the affirmative in that the proposed wood fence would replace
the original wood fence in approximately the same location. The fence will be compatible
with existing wood fences on neighboring properties along Miller Avenue.
15-29.090(a)(2): The entirety of the subject fence will be constructed of materials that
are of high quality, exhibit superior craftsmanship, and that are durable.
This finding can be made in the affirmative in that the fence would be constructed of high
quality, pressure treated redwood and would be able to weather the outdoor environment.
15-29.090(a)(3): The modification will not impair the integrity and character of the
neighborhood in which the fence is located.
This finding can be made in the affirmative in that the proposed fence would improve the
appearance of the original fence in the same location. The proposed fence would incorporate
high -quality materials and would not detract from the character and integrity of the existing
community.
15-29.090(a)(4): The granting of the exception will not be detrimental or injurious to
the property, adjacent neighbors, or improvements in the general vicinity and district
in which the property is located.
This finding can be made in the affirmative in that the proposed fence would improve the
safety conditions of the neighboring driveway east of the subject site. The original fence
was located within the required 12 foot driveway sightline triangle. The proposed fence
would be installed and located so as to provide the required 12 foot driveway sightline
triangle for the adjacent driveway. The proposed fence would also provide safety and
privacy for the subject property.
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15-29.090(a)(5): The granting of the exception will not create a safety hazard for
vehicular, pedestrian or bicycle traffic and does not obstruct the safe access to and
from adjacent properties.
This finding can be made in the affirmative in that the proposed fence would provide the
required sight distances for the adjacent driveway located east of the subject site. The
proposed fence would not interfere with visibility for pedestrian, bicyclist or vehicular
traffic within the area.
Section 5: The City Council of the City of Saratoga hereby approves Fence Exception
Application FER19-0001 located at 12452 Miller Avenue (APN 386-29-030).
C
CONDITIONS OF APPROVAL
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. Conditions may be modified only by the Planning Commission unless modification is
expressly otherwise allowed by applicable sections of the City Code, including but not limited
to Sections 15-80.120 and/or 16-05.035.
3. The Planning Commission shall retain continuing jurisdiction over the Fence Exception
Approval and may, at any time, modify, delete, or impose, any new conditions of the permit to
preserve the public health, safety, and welfare.
4. The Community Development Director shall mail to the Owner and Applicant a notice in writing,
on or after the time the Resolution granting the Fence Exception Approval is duly executed by
the City, containing a statement of all amounts due to the City in connection with this application,
including all consultant fees (collectively "processing fees"). THIS APPROVAL 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 Building Permit may be issued until the Community Development Director certifies
that all processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500
is maintained).
5. 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 Zoning Regulations incorporated herein by this reference.
6. Agreement to Indemnify. Hold Harmless and Defend City as to Action Challenp-inly
Approval of Application and as to Damage from Performance of Work Authorized by
Design Review Approval. 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
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on their behalf.
In addition, prior to issuance of an approved final inspection (i.e., a "finaled") Building Permit
from the Community Development Director, 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 Community
Development Director and the City Attorney.
COMMUNITY DEVELOPMENT DEPARTMENT
7. 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.
8. The development shall be located and constructed to include those features, and only those
features, as shown on the Approved Plans date stamped November 22, 2019. 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 City Code.
9. The applicant shall landscape and permanently maintain the area parallel to and along the entire
exterior side of the fence facing Falmouth Court.
10. In order 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.
11. All fences, walls and hedges shall conform to height requirements provided in City Code
Section 15-29.
12. Construction must commence within 36 months from the date of adoption of this Resolution
or the Fence Exception Approval will expire unless extended in accordance with the City Code.
PUBLIC WORKS
13. Applicant / Owner shall obtain an encroachment permit for the retaining wall in the City right-
of-way.
PASSED AND ADOPTED by the City Council of the City of Saratoga on this 15th day of April
2020 by the following vote:
AYES: Mayor Howard A. Miller, Vice Mayor Mary -Lynne Bernald, Council Members E. Manny
Cappello, Yan Zhao, Rishi Kumar
NOES:
ABSENT:
ABSTAIN:
tw J'l at;�x
owar(fA. Miller, Mafor
Attest:
D bie Bretschneider, City Clerk DATE: Vl;-Yl,),p 2,0
1096110.1
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