HomeMy WebLinkAboutCity Council Resolution 22-042 Deny the HFV TCP AppealRESOLUTION NO.22-042
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
DENYING APPEAL APPC22-0002, AND APPROVING THE TEMPORARY
COMPLIANCE PLAN AS AMENDED FOR HOUSE FAMILY VINEYARDS
OLD OAK WAY (APNS 503-15-078, 503-15-79, 503-15-080)
WHEREAS, on May 19, 2021, in order to promote the health, safety, and quality of life of
the residents of Saratoga, the City Council adopted Resolution No. 21-035 amending the City's
Code Compliance Policy to require, for projects that require discretionary approval to come into
compliance, temporary compliance plans which may be appealed to the City Council; and
WHEREAS, on July 28, 2022 an application was submitted by House Family Vineyards
("Owners") requesting approval of a Temporary Compliance Plan to conduct wine tastings at Izumi
Point (APNs 503-15-078, 503-15-79, 503-15-080) and hereinafter referred to as the "TCP"; and
WHEREAS, the subject property is located in a Hillside Residential Zoning District and
has been used for an unpermitted public winery operation and improvements, that includes wine
tasting and the hosting of special events without required approvals including Conditional Use
Permit and Design Review; and
WHEREAS, Owners have constructed unpermitted structures including a tasting
room/deck, restrooms, an office, and a kitchen in a steel storage container which have been deemed
by City as unsafe and deficient with regards to fire safety, including but not limited to, property
access and the lack of approved sprinklers; and
WHEREAS, per City's Order to Correct Violations and Abate a Public Nuisance, Owners
have secured the structures to prevent access and removed the kitchen and steel storage container
from the subject property; and
WHEREAS, Owners have now applied for an approval of a Conditional Use Permit,
Design Review, and other approvals ("Proposed Approvals") for the public winery operations and
structures, which application is thus far deemed incomplete by City; and
WHEREAS, pursuant to City's Code Compliance Policy, Owners have applied for the
TCP to continue wine tasting outdoors by appointment only while Proposed Approvals are
considered; and
WHEREAS, the TCP was reviewed by Santa Clara County Fire Department (SCCFD),
Department of Environmental Health (DEH) and City departments, and on was approved on August
17, 2022 subject to conditions of approval which conditions were accepted by the Owner on
September 7, 2022; and
WHEREAS, on August 24, 2022 an appeal to the City Council was filed by Nancy Lietzke
("Appellant"); and
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Page 2
WHEREAS, on October 5, 2022, 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 and other
materials, exhibits, and evidence presented by City Staff, the appellant, the Owner, 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 Temporary Compliance Plan subject to conditions of
approval:
AYES: COUNCIL MEMBERS BERNALD, KUMAR, VICE MAYOR FITZSIMMONS
NOES: COUNCIL MEMBER ZHAO, MAYOR WALIA
ABSENT: NONE
ABSTAIN: NONE
Tina Walia, Mayor
ATTEST:
Britt Avrit, MMC, City Clerk
Resolution 22-042
Page 3
CODE COMPLIANCE PLAN
FOR
HOUSE FAMILY VINEYARDS
APNs 503-15-078, 503-15-79, 503-15-080
THIS CODE COMPLIANCE PLAN ("Agreement") is made and entered into this 6-day
of October , 2022, by and between the City of Saratoga, a municipal corporation ("City"),
AND David L. House and House Family Vineyards, ("Owners"). City and Owners may be
referred to individually as a "Party" or collectively as the "Parties."
RECITALS
WHEREAS, on May 19, 2021, in order to promote the health, safety, and quality of life
of the residents of Saratoga, the City Council adopted Resolution No. 21-035 regarding the
City's Code Compliance Policy to require, for projects that require discretionary approval to
come into compliance, temporary compliance plans which may be appealed to the City Council;
and
WHEREAS, the subject property is located in a Hillside Residential Zoning District and
has been used for an unpermitted public winery operation, that includes wine tasting and the
hosting of special events without the required City approvals; and
WHEREAS, Owners have constructed unpermitted structures including a tasting deck,
restrooms and an office which have been deemed by City as unsafe and deficient with regards to
fire safety, including but not limited to, property access and the lack of approved sprinklers; and
WHEREAS, per City's Order to Correct Violations and Abate a Public Nuisance, Owners
have secured the structures to prevent access; and
WHEREAS, Owners have now applied for an approval of a Conditional Use Permit and
Design Review ("Proposed Approvals") for the public winery operations and structures, which
application is thus far deemed incomplete by City; and
WHEREAS, pursuant to City's Code Compliance Policy, Owners have applied for a
temporary compliance plan to continue wine tasting outdoors and by appointment only while
Proposed Approvals are considered.
Resolution 22-042
Page 4
NOW, THEREFORE, in consideration of the foregoing recitals and other good and
valuable consideration, the value and sufficiency of which are hereby acknowledged, it is agreed
by and between the Parties hereto as follows:
1. Owners represent and warrant that Owners are the fee title owners of property known
as 13340 Old Oak Way, Saratoga (APN 503 15 078), 13330 Old Oak Way, Saratoga
(APN 503-15-080), and APN 503-15-079 (collectively referred to as "Property").
2. Owners agree that they will strictly comply with the conditions attached and
incorporated herein as Exhibit A ("Code Compliance Plan").
3. Owners further agree that Owners' failure to resolve by October 17, 2022, the
incomplete items for the application for the Proposed Approvals shall constitute an
ongoing violation and result in suspension or revocation of this temporary compliance
plan and an immediate closure of the winery operations which includes wine tasting
on the Property.
4. The Proposed Approvals include discretionary actions by City, and nothing herein is
a guarantee that the Proposed Approvals will be approved or constitutes a promise or
other commitment by City to approve the Proposed Approvals. If is the Proposed
Approvals are not approved by City by September 30, 2023, this temporary
compliance plan shall be of no further force and effect and the commercial operations
shall constitute an ongoing violation and Owners agree to immediately close the
winery operations on the Property.
Owners hereby withdraw their appeal filed on May 10, 2022, by Owners' counsel,
G. Scott Emblige, related to City's Notice of Violation dated April 11, 2022, and their
appeal filed on July 15, 2022, by Owners' counsel, Barton Hechtman, related to
City's denial of a temporary compliance plan on July 1, 2022. Owners agree that due
to Owners' withdrawal of its appeals, that City is not required to schedule or hold a
hearing before a Hearing Officer for the Notice of Violation, or the City Council for
the denial of a temporary compliance plan.
6. Owners hereby agree to voluntarily and knowingly assume all the risks of any and all
related aspects of the Temporary Compliance Plan of any kind or nature (including,
without limitation, those associated with any natural or man-made hazard on the
Property).
7. Owners agree to hold harmless, defend and indemnify City from and against any and
all claims, actions, damages, suits or liabilities claimed by Owners or any other
person arising out of, or related to:
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Page 5
a. any and all information, provided by Owners or any consultant, agent, or
employee of Owners, as well as any City review by City related to said
Application for the Project, whether such information is in existence, or City
review already occurred, at the time of execution of this Agreement or comes
into existence or occurs subsequent thereto.
b. any actual or potential geologic or geotechnical aspect of the Temporary
Compliance Plan including, without limitation, land slippage, landslide,
earthquake, slope instability, soil or sub -soil instability, liquefaction, lack of
lateral or subjacent support (including, without limitation, any failure, collapse
or damage to any building or structure or its foundation), site preparation and
grading, site surface and subsurface drainage improvements, soil compaction
or other soil related and/or erosion related conditions, excavations for
retaining structures and foundations, and all geologically and geotechnically-
related design parameters.
Owners shall indemnify, hold harmless, and defend City and its authorized agents,
officers, officials, and employees from and against any and all claims, demands, suits,
damages, liabilities, losses, accidents, casualties, occurrences, claims and payments,
including attorney fees claimed or which might arise or be asserted against City that
are alleged or proven to result or arise from the Temporary Compliance Plan and any
activities associated with the use of the Property.
9. Owners agree to defend, indemnify, and hold harmless City and its officers, officials,
boards, commissions, employees, consultants, agents, and volunteers from and
against any claim, action, or proceeding to attack, set aside, void, or annul any action
taken by City on this Agreement and the subject Temporary Compliance Plan, or any
of the proceedings, acts, or determinations taken, done or made prior to said action,
including, but not limited to, any writ of mandate, litigation, declaratory relief, or due
process litigation which may arise or result from or be related in any way to approval
of this Agreement and the Temporary Compliance Plan. This provision shall also
apply to any action taken pursuant to the California Environmental Quality Act
("CEQA"), by the City's staff, advisory agencies, boards or commissions, Planning
Commission, or City Council.
10. In the event a claim is asserted against City, its authorized agents, officers, officials or
employees, City shall promptly notify Owners. Owners shall defend at its own
expense any suit based on such claim, provided that City shall control the choice of
counsel and defense of any such claim, action or proceeding as against City and
nothing herein shall prevent City from participating in the defense. If any judgment or
claims against City, its authorized agents, officers, officials or employees shall be
allowed, Owner(s) shall pay for all costs and expenses in connection therewith. All
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Page 6
provisions in this Agreement related to Owners' agreement to defend, indemnify or
hold harmless City shall survive the expiration or revocation of the Temporary
Compliance Plan, or termination of this Agreement.
11. The provisions of this Agreement shall be severable. If any phrase, clause, section,
subsection, paragraph, subdivision, sentence or provision of this Agreement is
adjudged invalid or unconstitutional by a court of competent jurisdiction, such
judgment shall not affect or invalidate the remainder of any phrase, clause, section,
subsection, paragraph, subdivision, sentence or provision of this Agreement.
12. This Agreement is effective upon full execution, or upon expiration of the applicable
period for appeal to the City Council provided no notice of appeal has been filed
within such time, whichever is later. If an appeal to the City Council is filed, this
Agreement shall become effective on the date such decision is rendered if the
Agreement is upheld or modified. This Agreement will not become effective and will
be null and void if the City Council reverses approval of this Agreement on appeal.
Each signatory to this Agreement represents and warrants that they are authorized to
sign this Agreement. This Agreement shall not be modified except by written
instrument executed by City and the Owners at the time of modification.
13. The interpretation, validity, and enforcement of this Agreement shall be governed by
and interpreted in accordance with the laws of the State of California. Any suit, claim,
or legal proceeding of any kind related to this Agreement shall be filed and heard in a
court of competent jurisdiction in the County of Santa Clara.
14. All notices or communication concerning a party's compliance with the terms of this
Agreement shall be in writing and may be given either personally, by certified mail,
return receipt requested, or by overnight express carrier. The notice shall be deemed
to have been given and received on the date delivered in person or the date upon
which the postal authority or overnight express carrier indicates that the mailing was
delivered to the address of the receiving party. Any party hereto, by giving ten (10)
days written notice to the other, may designate any other address as substitution of the
address to which the notice or communication shall be given. Notices or
communications shall be given to the Parties at the addresses set forth below until
specified otherwise in writing.
Resolution 22-042
Page 7
To City:
City of Saratoga
Community Development Director
13777 Fruitvale Avenue
Saratoga, CA 95070
with a copy to:
City of Saratoga
City Clerk
13777 Fruitvale Avenue
Saratoga, CA 95070
To Owners:
David L House
House Family
Vineyards
13340 Old Oak Way
Saratoga, CA 95070
AFTER REVIEW AND CONSIDERATION OF ALL OF THE FOREGOING TERMS
AND CONDITIONS AND HAVING CONSULTED WITH LEGAL COUNSEL OF OWNERS'
CHOOSING OR HAVING HAD THE REASONABLE OPPORTUNITY TO DO SO,
OWNERS, BY THE SIGNATURE PROVIDED BELOW, HEREBY AGREE TO BE BOUND
BY AND FULLY AND TIMELY COMPLY WITH, ALL OF THE FOREGOING TERMS
AND CONDITIONS.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date
first written above.
[Signatures on Following Page]
HOUSE FAMILY VINEYARDS
DATE:
vid L Ho se
Resolution 22-042
Page 8
EXHIBIT A
CODE COMPLIANCE PLAN
1. This plan is valid until September 30, 2023.
2. The Temporary Compliance Plan is confined to the area as shown in figures 1 & 2 of
Exhibit B.
3. No further site work is authorized by the issuance of this Temporary Compliance
Plan. Any physical work, including but not limited to construction, grading,
plumbing or electrical work, or other site work, will result in a revocation of this
Temporary Compliance Plan.
4. This Temporary Compliance Plan authorizes the use of the Property for wine tastings
by appointment only.
5. Wine tastings
a. By appointment only
b. Hours of operation are limited to Thursday -Sunday
i. 12:00 PM-5:00 PM
c. No more than 49 people, including employees, during any appointment window.
6. No events, such as weddings, or other such activities are permitted with this
Temporary Compliance Plan.
7. No food shall be prepared on the Property. Food service shall be limited to cheese,
bread and/or crackers, dried meats and other snack foods.
8. There shall be no parking on any public streets.
9. There shall be no live or amplified music.
10.Owners shall purchase and install a City approved noise monitoring device per City
Code Section 7-30.040(b) to monitor the noise levels on the Property, to ensure that
the activities on the site comply with City's noise standards. City shall be notified if
noise standards are exceeded.
11. All uses shall comply with the noise standards in City Code Section 7-30.040, and no
person shall cause, produce, or allow to be produced any noise that exceeds these
noise standards at any point outside the Property boundary on which the noise is
generated.
12. An 8.5 x 11 sign about the Temporary Compliance Plan shall be posted at the
entrance to the Property. The sign should state that the winery is currently operating
under a Temporary Compliance Plan agreement with the City of Saratoga. For
Resolution 22-042
Page 9
information on the Temporary Compliance Plan, please contact Nicole Johnson,
Senior Planner at 408-868-1209 or niohnson(a4saratgoga.ca.us
13. The applicant shall submit a monthly report of attendance for the wine tasting
appointments.
14. Owners shall comply with all Santa County Clara Fire Department Requirements set
forth in Exhibit C.
15. Owners shall comply with all requirements of the Santa Clara Department of
Environmental Health.
16. Owners consent to inspections by City and other regulatory agencies during events or
when complaints are received.
17. If there any health and safety concerns from outside agencies, the compliance plan
may be revoked.
18. Any violation of this plan may result in revocation of this Temporary
Compliance Plan and closure of House Family Vineyards.
19. This Code Compliance Plan shall take effect upon acceptance of all conditions by the
applicant. If the applicant has not accepted all conditions in this Plan by October 12,
2022, approval of this plan shall expire and be of no force and effect
1546862.1
Resolution 22-042
Page 10
Attachment 1
House Family Vineyards Temporary Compliance Plan
Scope of Operations at lzumi Point
On May 19, 2021, the City of Saratoga adopted a resolution to update the City's Code
Compliance Policy to require Temporary Compliance Plans for code violations requiring
discretionary approval to correct such violations.
This scope of operations for the House Family Vineyards identifies the specific
operating procedures and limits under the Temporary Compliance Plan. (TCP)
Wine Tasting Location. House Family Vineyards (HFV) will hold wine tastings at
Izumi Point, a 0.2-acre outdoor area shown in Figures 1 and 2 and in the
photographs below. Izumi Point is an outdoor space with panoramic views. This
location served as the original tasting area for the winery in 2012 before moving
to Vineyard Point. Izumi Point has also been used for recent events, including a
wedding and the Saratoga Car Show Kick-off Party on July 16. As shown in
Figure 1, the nearest neighbor is approximately one -quarter of a mile away from
Izumi Point. Izumi Point is covered with a decomposed granite surface that has
been treated with a hardener and is a pervious surface that allows natural
drainage. This location is part of Assessor's Parcel Number 133340 and is
licensed for wine tasting (city business permit and ABC type 02).
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Figure 1. Izumi Point — Proposed Temporary Compliance Plan Operations
House Family Vineyards Temporary Compliance Plan
Resolution 22-042
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Figure 2. lzurni Point Site Plan
House Family Vineyards Temporary Compliance Plan 2
Resolution 22-042
Page 12
Photograph 1. View of Izumi Point Looking North -- showing seating area
House Family Vineyards Temporary Compliance Plan 3
Resolution 22-042
Page 13
Vll
Photograph 2. View of Izumi Point Looking North — showing road and parking area and
portable restroom to the right and guest seating are to the left
House Family Vineyards Temporary Compliance Plan 4
Resolution 22-042
Page 14
Photograph 3. View of Izumi Point Looking West -- showing the guest seating area
House Family Vineyards Temporary Compliance Plan
Resolution 22-042
Page 15
Photograph 4. View of Izumi Point Looking West -- showing the portable refrigerator and
bar/set up area
2. Parking Location. Visitors and employees will park in the designated parking
area show in in Figures 2 and 3. Disabled patrons will be accommodated as
follows: Guests with ADA transport needs will be shuttled in an approved ADA
compliant cart allowing access to the seating area and restrooms. Photograph
5 below shows that a sign is prominently displayed in the parking area directing
disabled guests to call for assistance
No parking will be permitted on public streets. All parking spaces meet Saratoga
City Code 15.35.040.
House Family Vineyards Temporary Compliance Plan 6
RS3aDn2202
Page !6
Figure 3 Paring Area Detail
House Family Vineyards Temporary Compliance Ran
7
Resolution 22-042
Page 17
3. Occupancy Maximums. There will be a limit of 49 total occupants at any
given time at the defined tasting area. This number includes two employees.
4. Total Employees. This temporary operation will require two employees
throughout the day for wine tasting service.
5. Hours of Operation for Public Wine Tastings. HFV will be open wine tastings
Monday through Sunday 12:00 noon to 6:00 pm. All wine tastings will be by
appointment only through the HFV online reservation system. This system
allows us to block out the time of day to control visitation traffic. Reservations are
for a 2-hour time window. The last reservation will be at 4:00 pm with all guests
exiting by 6:00 pm. All employees would exit by 6:30 pm.
6. Service Model
a. Seating. Izumi Point will have seating to accommodate our reservation and
capacity limits. The seating will be a mix of picnic style tables with bench
seating and umbrellas and Adirondack style seats with an accompanying side
table. All service will be table style service with waitstaff taking and delivering
to the tables. ADA accessible seating and tables will be provided. See Figure
2 and Photographs 1-3 for details.
b. Restrooms. Figure 2 shows that there will be porta-potties located
adjacent to the parking and seating area. One will be ADA accessible. A
House Family Vineyards Temporary Compliance Plan 8
Resolution 22-042
Page 18
self-contained hand washing station will accompany the restrooms. The
restrooms will be professionally serviced weekly. See Exhibit 1, attached.
• Spill/leak Protocol. In the event of a spill or leak form the
portable restrooms, clean up will be handled as follows.
• The source of the leak will be identified. If possible, the
staff will apply a reasonable solution to stopping the
leak.
• The area will be cordoned off from public access.
• If possible, the functioning restroom will be moved to
an adjacent sanitary location.
• Lime sulfur will be applied to the contaminated area.
The area will be cleaned at the close of business.
• The sanitation rental company will be notified
immediately so they may assist in the clean up
process.
c. Refrigeration and Bar Area. The wines will be stored in a portable three -door
commercial refrigerator to maintain proper temperature and protect them from
excessive heat. The refrigerator and small bar/set up area will be located under
the large oak tree shown in Figure 2 and Photograph 4. The refrigerator will be
powered by electrical outlets located at the end of the wall at the entrance to the
property (See Figure 2). The refrigerator and bar will used for day of service
only.
d. Glassware. The wine will be served in rental glassware. The glassware will be
cleaned and returned weekly.
e. No food will be prepared onsite. Limited snacks such as nuts and crackers
may be provided to guests, but no food will be prepared onsite. Compostable
napkins and snack plates will be provided. No potentially hazardous foods will
be served under this service model. If potentially hazardous foods will be
served, prior approval will be sought from the DEH under a separate
application.
7. Fire Safety. Figure 2 shows that emergency access to Izumi Point will be via Oal
Oak Way, which is 23- to 26-feet wide at this location. An existing 22-foot-wide
by 32-foot-deep Fire Department turnaround is located just outside of the
entrance to the property. The proposed use, and outdoor gathering of fewer
than 50 people, falls under the Occupancy B Category in the California Building
Code. The use will comply with safety measures required for this occupancy
category, including fire safety and evacuation plans in compliance with the
applicable provisions of Sections 401 and 404 of the California Fire Code. As
shown in Figure 2, the area is serviced by a standard residential fire hydrant at
the site. There is an additional hydrant located 300 ft from the site to the north.
8. Noise Levels. Operations will comply with City Code 7.30.040. A complaint
phone number is posted on our web site — www.HouseFamilyVineyards.com.
House Family Vineyards Temporary Compliance Plan 9
Resolution 22-042
Page 19
9. Compliance Reporting Mechanism. To ensure compliance with the TCP, HFV
will provide monthly reporting to the Planning Department at the end of each
month of operation to document the number of visitors and provide any records of
complaints from neighbors and how any such complaints were addressed. HFV
welcomes the various oversight agencies for site inspections during operations to
ensure compliance.
House Family Vineyards Temporary Compliance Plan 1c
Resolution 22-042
Page 20
Exhibit 1 Restroom Service Agreement
From: Tori Henderson<tori(a.nationwidewasteservice.com>
Date: May 2, 2022 at 8:01:21 AM PDT
To: jim(aD-housefamilyvineyards.com
Cc: Nationwide Waste Service <info(o)nationwidewasteservice.com>
Subject: Re: Invoice 60951573898 from Nationwide Waste Service
Hello Jim,
We do not do a contract. Your order is month to month. This order is set up for 1x
weekly service on Fridays. I also see that there was a request for a wash station that we
have been trying to reach you about to see if it is approved. Addition of a wash station
will add $320 per unit every 28 days. Do you approve of this?
Thank you!
Tori Henderson
Customer Service Supervisor
Nationwide Waste Service
Office: (855) 301-2530
www.nationwidewasteservice.com
From: Connor Rolnick<connor@nationwidewastesery ice. com>
Date: May 4, 2022 at 9:07:21 AM PDT
To: jim@housefamilyvineyards.com, Nationwide Waste Service <info@nationwidewasteservice.com>
Subject: Portable Toilet Service - Nationwide Waste Service
Hello,
this is to confirm that the portable toilet and the ADA toilet at location 13330 Old Oak Way. Saratoga, CA
95070 gets service I weekly on Friday. This servicing does include a pump out and hose down.
Thank you,
Connor Rolnick
Nationwide Waste Service
Office: (855) 301-2530
www.nationwidewasteservice.com
House Family Vineyards Temporary Compliance Plan 11