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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 e ie Br schnei e , , i y erk DATE: 6, Zz 1 ��' 2-� 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.