Loading...
HomeMy WebLinkAboutCity Council Resolution 20-073 denying appeal for Saratoga creek DriveRESOLUTION NO: 20-073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENYING APPEAL APPC20-0002, AND APPROVING CONDITIONAL USE PERMIT CUP15-0002, DESIGN REVIEW PDR15-0019, AND ARBORIST REPORT ARB15-0053 SARATOGA CREEK DRIVE (APNS 389-06-020 & 389-06-021) WHEREAS, on March 17, 2015 an application was submitted by Golden Age Prop Saratoga LLC requesting a Conditional Use Permit and Design Review approval of a Residential Care Facility for the Elderly (RCFE) that would consist of two buildings on two adjacent lots functioning as a single complex serving individuals with Alzheimer's/Dementia, and would be located on Saratoga Creek Drive (APNs 389-06-0020 & 389-06-021) and hereinafter referred to as the "Project"; and WHEREAS, the Community Development Department completed an Environmental Impact Report ("EIR") for the Project in accordance with the California Environmental Quality Act (CEQAPublic Resources Code Section 21000 et seq.), the Guidelines for Implementation of the California Environmental Quality Act (14 Cal. Code Regs. Section 15000 et seq.), and the local procedures adopted thereto; and WHEREAS, on September 9, 2020, the Planning Commission held a duly noticed public hearing on the Project, and considered evidence presented by City Staff, the applicant, and the property owners; and WHEREAS, the Planning Commission approved the Conditional Use Permit and Design Review and Arborist Review application(CUP 15-0002/PDR15-0013/ARB15-0053) with the Landscape Alternative (Alternative #3) from the FEIR subject to conditions of approval, and certified the EIR for the Project; and WHEREAS, on September 23, 2020, an appeal to the City Council was filed by Daryl Abrams ("Appellant"); and WHEREAS, on November 18, 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, site plan, architectural drawings, CEQA documentation, and other materials, exhibits, and evidence presented by City Staff, the appellant, the applicant, and other interested parties. NOW THEREFORE, the City Council of the City of Saratoga hereby denies the appeal of the appellant and based on all the evidence in the administrative record determines and resolves as follows, as required for issuance of a Conditional Use Permit pursuant to City Code Article 15-55 and Design Review Approval pursuant to City Code Section 15-46.040 and Arborist Review (CUP 15-0002/PDR15-0013/ARB15-0053) with the Landscape Alternative (Alternative #3) from the FEIR subject to conditions of approval: 2 Section 1: The recitals set forth above are true and correct and incorporated herein by reference. Section 2: The Project is consistent with the Saratoga General Plan land use designation for the site, PA (Professional Administrative), and consistent with other provisions of the Saratoga General Plan including, but not limited to: (1) Land Use Goal 13 which provides that the City shall use the Design Review process to assure that the new construction and major additions thereto are compatible with the site and the adjacent surroundings; (2) Safety Element Site and Drainage Policy 3 which provides that the City shall require that landscaping and site drainage plans be submitted and approved during Design Review for a residence prior to issuance of permits; and (3) 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 3: The Project is consistent with the Saratoga City Code in that the use is a conditionally allowed use within the Professional and Administrative Office District (PA) zone applicable to the site and the design and improvements are consistent with the design review findings as set forth herein. The Project is also consistent with the City's Municipal Code Chapter 15-35 (Off - Street Parking and Loading Facilities) in that it provides 48 parking spaces across both lots, which exceeds the City's parking minimum requirement of 37 spaces. Lot 1 would have 22 parking spaces, and lot 2 would have 26 parking spaces. Therefore, parking on each lot is adequate to independently serve the development proposed on each lot. The proposed loading area on Lot 2 satisfies the City's requirement of one off-street loading space for the Project. Section 4: The findings required for issuance of a Design Review Approval pursuant to City Code Section Article 15-46.040 are set forth below and the Applicant has met the burden of proof to support making all of those required findings: a. Where more than one building or structure will be constructed, the architectural features and landscaping thereof shall be harmonious. Such features include height, elevations, roofs, material, color and appurtenances. This finding can be made in the affirmative because, as described in the Final EIR, the height and square footage are consistent with the Professional and Administrative zoning designation. The two proposed buildings would be harmonious since, as shown in the attached plans, they would both be constructed of natural materials (horizontal wood siding, cedar shingles with grey paint, and stone wainscot) reflecting a craftsman architectural style. The rustic architecture and color palette are designed to integrate with the wooded backdrop of Saratoga Creek. Consistent with Saratoga Municipal Code 15-18.100, the project would include a 6-foot-high cedar fence topped with latticing between Building 2 and the Building 2 parking lot as well as landscaping to ensure privacy and noise insulation. b. Where more than one sign will be erected or displayed on the site, the signs shall have a common or compatible design and locational positions and shall be harmonious in appearance. This finding can be made in the affirmative in that the applicant is proposing two identification signs (one for each building). The design and location of the signs are harmonious in appearance and consistent with the design of the buildings. 3 c. Landscaping shall integrate and accommodate existing trees and vegetation to be preserved; it shall make use of water -conserving plants, materials and irrigation systems to the maximum extent feasible; and, to the maximum extent feasible, it shall be clustered in natural appearing groups, as opposed to being placed in rows or regularly spaced. This finding can be made in the affirmative in that the City Arborist has reviewed and recommends approving the proposed removal of five protected trees. The number of trees to be removed is minimized to the extent feasible and limited to trees that are in poor condition and in conflict with the location of the project. A total of eleven protected trees will remain on the site and new landscaping will be integrated within the existing landscape. The applicant has proposed several drought tolerant species and must comply with the City's Water Efficient Landscape Ordinance (WELD). d. Colors of wall and roofing materials shall blend with the natural landscape and be nonreflective. This finding can be made in the affirmative in that the proposed colors of the walls and roof are neutral tones and the proposed materials are nonreflective. e. Roofing materials shall be wood shingles, wood shakes, tile, or other materials such as composition as approved by the Planning Commission. No mechanical equipment shall be located upon a roof unless it is appropriately screened This finding can be made in the affirmative in that the proposed roofing material is composition shingle and the proposed mechanical equipment on the roof is screened by a parapet. f. The proposed development shall be compatible in terms of height, bulk and design with other structures in the immediate area. This finding can be made in the affirmative in that the proposed height of the buildings are within the height limits for the PA zone district and the proposed lines, color, texture, and night lighting included in the project design are compatible with development in the project vicinity. Other structures in the immediate area are eclectic in design and the proposed buildings are compatible with other structures in the immediate area. Section 5: The findings required for issuance of a Conditional Use Permit pursuant to City Code Section 15-55.070 are set forth below and the Applicant has met the burden of proof to support making all of those required findings: a. That the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located. This finding can be made in the affirmative. The Project site consists of two undeveloped lots located in an area designated in the City's General Plan as Professional Administrative (PA) and designated on the City's zoning map as Professional and Administrative (P-A). Under the City Code, the Project is specifically allowed as a conditional use because conditional uses in the P- 0 A district include institutional facilities and nursing homes. City Code Section 15-06.380 defines an institutional facility as "a place, structure or area operated by a public or private organization or agency, used for and providing educational, residential or health care services to the community at large." Saratoga City Code Section 15-06.470 defines a nursing home as "a residential structure in which nursing, dietary and other personal services are rendered to six or more convalescents, invalids or elderly persons residing at the facility, and in which surgery or other medical treatment customarily given in hospitals is not performed. A convalescent home or rest home shall be deemed a nursing home." In addition, the Project is in accord with the purposes of the P-A district as set forth in City Code Section 15-18.010 as follows: (i) To reserve appropriately located areas for harmonious transitional uses to serve as buffers between residential districts and commercial districts. Existing medical and professional offices uses are located to the north and east of the Project site. Single-family residential uses are located to the west of the Project site. To the south is a large undeveloped parcel in the P-A district, the same zoning district as the Project site. The nature of the Project provides a transition between the existing residential uses to the west and the office uses in the surrounding P-A district. (ii) To provide opportunities for office uses of a semi -commercial character to locate outside of commercial districts. The Project will not involve activities or result in significant unmitigated environmental impacts that could interfere with the existing office uses or the future development of office uses on undeveloped parcels in the surrounding P-A district. The Project activities will be contained on the Project site, with setbacks and landscaping that will not interfere with nearby uses; the Project site provides parking in excess of the requirements of the City Code. As explained in Section 2.3 of the Final EIR, Project Characteristics, the Project would include 22 parking spaces serving Lot 1 (22 required), and 26 parking spaces serving Lot 2 (15 required). Based on the City's parking requirements, a total of 37 vehicle parking spaces are required. However, 48 spaces (a surplus of 11 spaces) would be provided by the Project, meeting and exceeding the City's requirements. The Project would not interfere with existing easements for access and parking associated with adjoining lots. The Project meets the setback requirements and includes additional landscaping by adoption of the landscaping alternative (Alternative 3) in the EIR. The Project will not result in traffic congestion, excessive noise, or hazards that could affect nearby uses as discussed in the findings below. (iii) To create a suitable environment for office buildings especially designed for their purposes, located on sites large enough to provide room for landscaped open spaces and off-street parking facilities. While the Project is not an office building, it involves a conditional use allowed in the P-A district and the Project is consistent with this purpose. The Project site is 1.3 acres consisting of two lots. The Project's height, site coverage, building setbacks, limitations of building coverage, and landscaping are consistent with the P-A district and consistent with the standards laid out in Article 15-46.010, Design Review: Multi - Family Dwellings and Commercial Structures of the City's Municipal Code. (Final EIR, p. II-6.) The landscaping will help minimize visibility of the Project from nearby uses. As stated above, parking for the Project exceeds the City's requirements and will not interfere with the existing office uses or the future development of office uses on undeveloped parcels in the surrounding P-A district. (iv) To provide space for community facilities and institutions which may appropriately be located in office districts. The Project will serve the community by meeting the needs of individuals and families for residential care of those with Alzheimer's/dementia without adversely affecting the operation of nearby offices. The Project will serve local seniors and their families by providing an opportunity for those living with Alzheimer's/dementia to continue to reside close to family and their community. (v) To provide adequate space to meet the needs of modern office buildings, including off-street parking of automobiles and, where appropriate, off- street loading of trucks. While the Project is not an office building, it involves a conditional use allowed in the P-A district and the Project is consistent with this purpose. The Project will provide off-street surface and below grade parking and will exceed the parking demand. (Final EIR, p. 3.14-21 to 24; September 19, 2016 parking study prepared by Hexagon.) The Project also meets the standards for loading facilities pursuant to City Code Section 15-35.050 and includes supplemental area for off street loading of trucks in the circular driveway in front of Building 1. (vi) To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them. The Project buildings are not excessive in size. The Project's height, setbacks and footprint are shown on plans, the Staff Report and the Final EIR Chapter 2 (Project Description), and conform to all P-A district requirements, and the Project is harmonious with surrounding development. The Project will not overload utilities and is consistent with anticipated growth within the City. (Final EIR sections 3.5.4.3, and 3.16.) The Project will not result in traffic congestion. (Final EIR section 3.14.) Moreover, employee shifts will result in employees driving and departing the site during off-peak hours, which will minimize potential traffic congestion along Saratoga Creek Drive. (Final EIR p. 2-19.) Other vehicle traffic will be intermittent and will not cause traffic congestion in the local vicinity, and parking and loading areas are sufficient or exceed City requirements. Project residents will not have automobiles. Therefore, they will not contribute to traffic volumes generated by the use. (vii) To protect office buildings from the noise, disturbance, traffic congestion and other influences incidental to commercial uses. While the Project is not an office building, it involves a conditional use allowed in the P-A district and is a use requiring separation from the noise, disturbance, traffic congestion and other influences incidental to commercial uses and is therefore consistent with this purpose. In addition, the Project is separated from the nearby office buildings by setbacks, existing parking lots, and landscaping. (Final EIR, Fig. 2-2, Project Vicinity, and Figure 2-3, Site Plan Overview.) These conditions will minimize the potential for the Project to cause excessive noise or other disturbances to the existing office buildings. The nature of the Project uses does not include activities that cause excessive noise or other disturbing activities and noise impacts were determined to be less -than -significant. (EIR Section 3.11.) The Project will not result in traffic congestion as shown in the Final EIR (Section 3.14— Transportation). (viii) To protect office buildings from fire, explosion, noxious fumes and other hazards. The Final EIR concluded that the Project will not result in any significant impacts related to hazards and hazardous materials. (Final EIR, pp. 3.8-11-15.) 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. This finding can be made in the affirmative in that the EIR prepared for the Project has determined that the proposed use has impacts that are less -than -significant or less than significant with mitigation measures included in the Final EIR and the MMRP adopted for the Project. The City Council has certified the EIR and relies on the information therein and on the MMRP to support this finding. The Final EIR included responses to the comments received on the Draft EIR, including comments from adjacent property owners. These comments raise issues related to the potential impact of the Project on other properties in the Project vicinity. The Final EIR Master Responses 1 through 10 and the responses to individual comment letters provided information supporting this finding. (Final EIR, Volume 11.) Information in the record, including the Project plans and other information submitted by the Project applicant (including Attachment 6 to the September 9, 2020 Report to the Planning Commission) shows the construction and operation of the Project: (a) will not involve any activity adversely affecting public health; (b) will promote the public welfare by providing safe and secure residential care for people with Alzheimer's/dementia; (c) will not interfere with the operations of existing uses or future uses in the Project vicinity; (d) will promote safe and appropriate site circulation by providing adequate parking and loading spaces, fire truck access, garbage truck access, passenger drop-off space, a crosswalk on Saratoga Creek Drive, and ADA- compliant sidewalks and parking; (e) will not involve activities that create excessive noise; and (0 will accommodate existing parking and access easements associated with adjoining properties. 7 Information in the record and in the Project Final EIR show that the Project will not adversely affect Saratoga Creek. The Project does not propose any construction or other activity in the Creek or associated riparian habitat. The Project Stormwater Management Plan will direct runoff away from the Creek. The Final EIR and other expert reports in the record show the Project will avoid removal of riparian habitat. Additionally, the Project is consistent with the Santa Clara Valley Resources Protection Collaborative's Guidelines & Standards as discussed in the Final EIR. (Final EIR pp. II-17 to 21.) With the biological resource mitigation measures included in the adopted MMRP, the Project will not result in significant adverse impacts to Saratoga Creek and associated habitat. (EIR Section 3.3—Biological Resources.) Therefore, the proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements within the vicinity of the Project. c. That the proposed conditional use will comply with each of the applicable provisions of this Chapter. This finding can be made in the affirmative because the Project has been designed to comply with all the applicable provisions of the zoning code. The Project plans, Final EIR and Staff Report confirm that the Project complies with applicable provisions of the zoning, including but not limited to, provisions related to building footprint, height, parking, loading, setbacks, landscaping and signage. The Project will also comply with the City Code related to tree removal, drainage and stormwater management, water efficient landscaping, geotechnical requirements, building code requirements and the conditions included in the Conditions of Approval adopted for the Project. The Project will provide off-street surface and below grade parking and will exceed the parking demand. (Final EIR, p. 3.14-21 to 24; September 19, 2016 parking study prepared by Hexagon.) The City's Municipal Code in Section 15-35.050 allows for shared loading areas on adjacent lots, and the City has determined that the Project complies with all requirements for loading facilities. (Final EIR. p. II-8 to 9 (Master Response 6.) d. That the proposed conditional use will not adversely affect existing or anticipated uses in the immediate neighborhood, and will not adversely affect surrounding properties or the occupants thereof. This finding can be made in the affirmative based on the other findings a. through c. above which are incorporated by reference, and because the EIR prepared for the Project concluded that traffic impacts, noise impacts, and other impacts are less -than -significant. The Project will not adversely affect existing the immediate neighborhood, nor will it adversely affect the surrounding properties. Section 6: The City Council of the City of Saratoga hereby approves CUP15- 0002/PDR15- 0019/ARB15-0053 located on Saratoga Creek Drive (APNs 389-06-020 & 389-06- 021) with the Landscape Alternative (Alternative #3) from the FEIR subject to conditions of approval as approved by the Planning Commission, subject to the Conditions of Approval attached hereto as Exhibit 1. PASSED AND ADOPTED by the City Council of the City of Saratoga on this 18th day of November 2020, by the following vote: AYES: Mayor Howard A. Miller, Vice Mayor Mary -Lynne Bernald, Council Members Yan Zhao, Rishi Kumar NOES: ABSENT: ABSTAIN: Howard A. Miller, Mayor Attest: Debbie Bretschneider, CMC, City Clerk DATE: It // 91_21V '-V 26 Exhibit 1 CONDITIONS OF APPROVAL CUP15-0002, PDR15-0019, ARB15-0053 SARATOGA CREEK DRIVE (APNS 389-06-020 & 389-06-021) GENERAL 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. If at any time the scope of operations needs to be adjusted, the CUP shall be brought forth for review by the Planning Commission. The owner/applicant shall comply with the following: 1 l a. Resident occupancy shall not exceed 78 beds b. Visiting hours are limited to between 9 AM - 6 PM daily. c. Deliveries shall be made between the hours of 8 AM- 5 PM Monday — Friday 6. 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. 7. In accordance with Saratoga City Code Section 16-17.060, the project shall incorporate all applicable geotechnical recommendations from the Geotechnical Investigation conducted by GeoForensics in 2016 into the project's design and engineering. These include recommendations related to site preparation and grading, basement foundations, drainage, utility lines, pavement, and plan review. As required, modifications, updates, or amendments (if any) per City geologist and/or City engineer review -shall be incorporated into project plans and verified during construction. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans. 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. Prior to issuance of Building Permits, the applicant shall submit for staff approval, a Lighting Plan for the project's exterior and landscaped areas. Proposed exterior lighting shall be limited to full - cut off & shielded fixtures with downward directed illumination so as not to shine on adjacent properties or public right-of-way. All proposed exterior lighting shall be designed to limit illumination to the site and avoid creating glare impacts to surrounding properties. 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. Prior to issuance of Building Permits, the applicant shall prepare for review and approval by City staff a Construction Management Plan for the project which includes but is not limited to the following: a. Proposed construction worker parking area. b. Proposed construction hours that are consistent with City Code. c. Proposed construction/delivery vehicle staging or parking areas. d. Proposed traffic control plan with traffic control measures, any street closure, hours for delivery/earth moving or hauling, etc. To the extent possible, any deliveries, earth moving or hauling activities will be scheduled to avoid peak commute hours. e. Proposed construction material staging/storage areas. f. Location of project construction sign outlining permitted construction work hours, name of project contractor and the contact information for both homeowner and contractor. 1 12. All fences, walls and hedges shall conform to height requirements provided in City Code Article 15-29. 13. The final landscaping and irrigation plan submitted for Building Permit approval shall demonstrate how the project complies with the State Water Efficient Landscape Ordinance and shall take into account the following: a. To the extent feasible, landscaping shall be designed and operated to treat storm water runoff by incorporating elements that collect, detain and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolong exposure to water shall be specified. b. To the extent feasible, pest resistant landscaping plants shall be used throughout the landscaped area, especially along any hardscape area. c. Plant materials selected shall be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment. d. Pest resistant landscaping plants shall be considered for use throughout the landscaped area, especially along any hardscape area. e. Any proposed or required under grounding of utilities shall take into account potential damage to roots of protected trees 14. A Building Permit must be issued, and construction commenced within 36 months from the date of adoption of this Resolution or the Design Review Approval will expire unless extended in accordance with the City Code. In the event that the project is challenged in a court of law, the time period for issuance of a Building Permit and commencement of construction set forth above shall be tolled during the time such litigation is pending, and such time period shall resume upon the issuance of a final judgment at the conclusion of any and all appeals or expiration of any time to appeal. FIRE DEPARTMENT 15. The owner/applicant shall comply with all Fire Department requirements. 16. All requirements in the City Arborist reports dated December 4, 2017 and February 20, 2019 are hereby adopted as conditions of approval and shall be implemented as part of the approved plans. ENGINEERING/PUBLIC WORKS 17. The owner/applicant shall comply with all Engineering/Public Works requirements. BUILDING DEPARTMENT SUBMITTAL 18. Four (4) sets of complete construction plans shall be submitted to the Building Division. These plans shall be subject to review and approval by the City prior to issuance of Zoning Clearance. The construction plans shall, at a minimum include the following: 1: 1302292.3 a. Architectural drawings and other plan sheets consistent with those identified as Exhibit "A" on file with the Community Development Department. b. Arborist Report dated December 4, 2017 and February 20, 2019 printed onto a separate plan page; and c. All additional drawings, plans, maps, reports, notes, and/or materials required by the Building Division. d. This signed and dated Resolution printed onto separate construction plan pages. e. The site plan shall contain a note with the following language: "Prior to foundation inspection by the City, the Licensed Land Surveyor of record shall provide a written certification that all building setbacks comply with the Approved Plans," which note shall represent a condition which must be satisfied to remain in compliance with this Design Review Approval. E