HomeMy WebLinkAboutCity Council Resolution 20-040 approving 14434 & 14488 Oak StreetRESOLUTION NO: 20-040
A RESOLUTION OF THE CITY OF SARATOGA CITY COUNCIL
APPROVING
CONDITIONAL USE PERMIT PCUP20-0001, AND LOT MERGER / LOT LINE
ADJUSTMENT LOTMER20-0001
LOCATED AT 14434 & 14488 OAK STREET (APN 517-10-034 & 517-10-009)
WHEREAS, on February 12, 2020 an application was submitted by Bella Mahoney, on behalf of
Our Lady Fatima Villa Foundation, requesting the removal of a Planned Combined (P-C) District from the
parcel located at 14434 Oak Street and a portion of the immediately adjoining parcel at 14488 Oak Street,
approval of a Conditional Use Permit in order to maintain the existing Community Facility Use at 14434 Oak
Street, and approval of a Lot Line Adjustment/Lot Merger of the two adjacent parcels. No protected trees are
proposed for removal. The sites are located within the R-1-10,000 (P-C) zoning district.
WHEREAS, the Community Development Department has reviewed the project in accordance with
the California Environmental Quality Act (CEQA) and recommends that the City Council determine this
project Categorically Exempt.
WHEREAS, on May 27, 2020 the Planning Commission held a duly noticed public hearing on the
subject application, and considered evidence presented by City Staff, the applicant, and other interested
parties, and the Planning Commission recommended the City Council approve Zoning Ordinance
Amendment ZOA20-0003, Conditional Use permit PCUP20-0001, and Lot Merger/Lot Line Adjustment
LOTMER20-0001.
WHEREAS, on June 17, 2020, the City Council held a duly noticed public on the subject
application, and considered evidence presented by City Staff, the applicant, and other interested parties.
NOW THEREFORE, the City Council of the City of Saratoga hereby finds, determines and
resolves as follows:
Section 1: The recitals set forth above are true and correct and incorporated herein by reference.
Section 2: Pursuant to the California Environmental Quality Act ("CEQA"), the Conditional Use
Permit and Lot Merger/Lot Line Adjustment are exempt under California Code of Regulations, Title 14,
Section 15061(b)(3) which provides that CEQA applies only to projects which have the potential of
causing a significant effect on the environment, and that where, as here, it can be seen with certainty that
there is no reasonable possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA. In addition, the project is Categorically Exempt from
CEQA pursuant to Section 15301, "Existing Facilities," Class 1 of the Public Resources Code. This
exemption allows for the operation of existing public or private structures involving negligible or no
expansion of existing or former use beyond that existing at the time of the lead agency's determination.
The project is also Categorically Exempt from CEQA pursuant to Section 15305, "Minor Alterations in
Land Use Limitations," Class 5 of the Public Resources Code. This exemption allows for minor
alterations in land use limitations in areas with an average slope of less than 20%, which do not result in
any changes in land use or density, including but not limited to minor lot line adjustments, not resulting in
the creation of any new parcel.
Section 3: The project is consistent with the Saratoga General Plan Policies LU 4 in that the City
shall continue to provide sufficient land area for public, quasi -public and similar land uses in Saratoga.
Section 4: The project is consistent with Saratoga City Code Section 15-55.060 in that the proposed
conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in
which the site is located; and will not be detrimental to the public health, safety or welfare, or materially
injurious to properties or improvements in the vicinity; and will comply with each of the applicable
provisions of Chapter 15; and will not adversely affect existing or anticipated uses in the immediate
neighborhood, and will not adversely affect surrounding properties or the occupants thereof.
Section 5: The project is consistent with Saratoga City Code Section 14-50.040(b) in that the
proposed lot line adjustment is consistent with the General Plan; and is consistent with the regulations
contained in the Zoning Ordinance, the Building Ordinance and Chapter 14; and will not conflict with
easements, acquired by the public at large for access through or use of the subject properties; and is between
four or fewer existing, adjoining lots.
Section 7: The project is consistent with Saratoga City Code Section 14.65.010 in that the proposed
lot merger pertains to an affected parcel that does not contain structures, and one of the affected parcels is not
compliant with the General Plan because it exceeds the allowable lot coverage.
Section 8: The City of Saratoga City Council hereby approves PCUP20-0001 and LOTMER20-
0001 located at 14434 and 14488 Oak Street (APN 517-10-034 & 517-10-009), subject to the Conditions of
Approval attached hereto as Exhibit 1.
Section 9: This resolution and the above -referenced approval of PCUP20-0001 and LOTMER20-
0001 shall take effect upon the date that an ordinance reclassifying the property subject to PCUP20-0001
from R-1-10,000 P-C (Planned Combined District) to R-1-10,000 takes effect.
PASSED AND ADOPTED by the City of Saratoga City Council on this 17th day of June 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:
v az
Howard A. Miller, May
City of Saratoga
Attest:
1-114
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1253214.1
Exhibit 1
CONDITIONS OF APPROVAL
PCUP20-0001 and LOTMER20-0001
14434 OAK STREET (APN 517-10-034 & 517-10-009)
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. 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. 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
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.
COMMUNITY DEVELOPMENT DEPARTMENT
5. This Conditional Use Permit allows for the continued operation of an existing office/meeting
building for a Community Facility located at 14434 Oak Street. Any intensification of this use
will require an amended Conditional Use Permit.
6. No other structures or site coverage shall be permitted unless approved pursuant to the City
Code.
7. The Planning Commission and Director, as applicable shall, in all cases, retain continuing
jurisdiction over each conditional use permit and may at any time, either independently or in
response to an application or request to do so, modify or delete any conditions of a conditional
use permit or impose any new conditions if the Commission or Director determines that such
action is necessary in order to preserve a substantial right of the applicant, or to preserve the
public health, safety or welfare, or to prevent the creation or continuance of a public nuisance, or
where such action is necessary to preserve or restore any of the findings set forth in City Code
Section 15-55.070.
8. A conditional use permit may be revoked by the Planning Commission upon a determination that
the holder of the permit has failed to comply with any condition thereof or has violated any
applicable provision of City Code. Violations of the City's laws and regulations may be subject to
an Administrative Citation and fines pursuant to Saratoga City Code Article 3-30.
9. The tentative approval of the lot line adjustment shall expire twenty-four months from the date
of approval, unless extended in accordance with the City Code.