HomeMy WebLinkAbout08-23-1994 CITY COUNCIL AGENDASARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. 2,+T?
AGENDA ITEM E.
MEETING DATE: AUGUST 23, 1994 CITY MGR.:
ORIGINATING DEPT.: PUBLIC WORKS DEPT. HEAD:
dq
SUBJECT: SD 90 -010 (12585 Saratoga - Sunnyvale Rd.): Final Map
Approval for 5 lots, (Owner, Sarath Vidanage)
Recommended Motion(s): 1. Move to adopt Resolution No. SD 90 -010
granting final map approval of Tentative Map Application No.
SD 90 -010 for five lots at 12585 Saratoga - Sunnyvale Road. 2. Move
to authorize the Mayor to execute the Subdivision Improvement
Agreement. 3. Move to authorize the City Manager to execute the
agreement waiving the right of the property owner to protest
annexation into the Saratoga Landscaping and Lighting Assessment
District LLA -1.
Report Summary: Attached is Resolution No. SD 90 -010 which, if
adopted, will grant final map approval for five lots located at
12585 Saratoga- Sunnyvale Road. I have examined the final map and
related documents submitted to me in accordance with the provisions
of Section 14.40.020 of the Municipal Code and have determined
that:
1. The final map substantially complies with the approved
tentative map.
2. All conditions of the approved tentative map, as contained
in Planning Commission Resolution No. SD 90 -010, have been
coompleted or will be completed concurrent with development
of�,the five lots.
3. The Subdivision Map Act, the City's Subdivision Ordinance
and all other applicable provisions of law have been
complied with.
4. The final map is technically correct.
Consequently, I have executed the City Engineer's certificate on
the final map and have filed the final map with the City Clerk
pursuant to Section 14.40.040 of the Municipal Code for action by
the City Council.
Fiscal Impacts: The subdivider has paid $14,028 in Engineering fees
and $40,800 in Park In -Lieu fees required for this subdivision.
Follow Up Actions: The signed map will be released to the
subdivider's Title Company for recordation along with recording
instructions.
Consequences of Not Acting on the Recommended Motions: The final
map must either be approved or rejected by the City Council. If
the map is rejected, it would be returned to the subdivider with
findings as to why the map was rejected.
Attachments: 1. Resolution No. SD 90 -010 granting final map
approval.
2. Subdivision Improvement Agreement.
3. Agreement waiving right to protest annexation into
Saratoga Landscaping and Lighting Assessment
District LLA -1.
4. Planning Commission Resolution No. SD 90 -010
approving the tentative map with conditions.
REPORT TO THE PLANNING COMMISSION
Application No. /Location: SD -90 -010; 12585 Saratoga - Sunnyvale Road
Applicant /Owner: Vidanage
Staff Planner: James !dal gren
Date: May 22, 1991
APN: 366 -13 -058 Director Approval:
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1.2585 Saratoga _Sunnyvale Road
RESOLUTION NO. SD 90 -010
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING THE FINAL MAP OF SD 90 -010
12585 SARATOGA — SUNNYVALE ROAD (VIDANAGE)
The City Council of the City of Saratoga hereby resolves as
follows:
SECTION 1: Lots 1 - 5 as shown on that certain map of Tract
No. 8639,. prepared by Westfall Engineers, Inc.,
dated August, 1991, and filed with the City Clerk
of the City of Saratoga on August 23, 1994, are
approved as FIVE (5) individual parcels.
SECTION 2: All streets and easements shown on said map and
offered for dedication to public use are hereby
rejected on behalf of the public, save and except
for public utility easements; and to the limited
extent that any offers for public street purposes
either expressly or implicitly include offers for
easements for utility purposes along or beneath said
street rights of way, then as to such express or
implied offers of easements for public utility
purposes, the same are hereby accepted on behalf of
the public.
The above and foregoing resolution was passed and adopted by the
Saratoga City Council at a meeting held on the 23rd day of August,
1994, by the following vote:
AYES: Councilmembers Jacobs, Tucker, Wolfe, and Mayor Burger
NOES: None
ABSENT: Counci 1 member Moran
ABSTAIN: None
1
.r.
ATTEST:
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cc
Deputy City Cler
REQUESTED BY:
City Clerk
City of Saratoga
Civic Center, 13777 Fruitvale Avenue
Saratoga, CA 95070
AND WHEN RECORDED MAIL TO:
City Clerk
City of Saratoga
Civic Center, 13777 Fruitvale Avenue
Saratoga, CA 95070
CITY OF SARATOGA, CALIFORNIA
Application No.: SD 90 -010
Owner: Sarath Vidanage
Address: 12585 Saratoga- Sunnyvale Road
APN: 366 -13 -058
Agreement of Waiver of Right To Protest
Annexation Into the Saratoga Landscape And Lighting Assessment
District No. 1 - In Consideration of Certain Development Approval
This is an agreement between the City of Saratoga (City) and
Sarath Vidanage (Owner) relating to Owner's waiver of right to
protest annexation.
Whereas, City has approved Application No. SD 90 -010 for
development on Owner's real property, more particularly described
in Exhibit "A ", attached hereto and incorporated herein, and
Whereas, condition no. 8 of said development approval requires
that Owner of the subject property shall enter into an agreement
with the City waiving the .right of Owner and any successors in
interest of Owner to protest the annexation into the. Saratoga
Landscape and Lighting Assessment District No. 1 for the purposes
of providing for the maintenance of the Landscape and Pedestrian
Easement created by the subdivision.
Now, therefore, the parties agree as follows:
1. This agreement is executed concurrently with that certain
development approval described as Final Map Approval for
Application No. SD 90 -010, dated August 3, 1994, between City and
Owner relating to the making of improvements on Owner's real
property described in Exhibit "A" and commonly referred to as
12585 Saratoga - Sunnyvale Road, APN 366 -13 -058.
2. In consideration for approval of said development
application by City, Owner agrees to expressly waive any and all
rights Owner may have to protest annexation of the subject property
into the Saratoga Landscape and Lighting Assessment District No. 1
for the purposes of providing for the maintenance of the Landscape
and Pedestrian Easement created by the subdivision.
3. This agreement is an instrument affecting the title or
possession of the real property described in Exhibit "A ". All the
terms, covenants and conditions herein imposed shall run with the
land and be binding upon and inure to the benefit of the successors
in interest of Owner.
IN WITNESS WHEREOF, the parties have executed this agreement.
Attest:
City Clerk
(Seal)
Approved as to form:
City Attorney
(Acknowledgements)
STATE OF CALIFORNIA )
ss
COUNTY OF .SANTA CLARA )
CITY OF SARATOGA, a municipal
corporation
By:
City Manager
By:
Owner
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Santa Clara
On 7/29/94 before me, MARIE D. GENTRY ,
DATE NAME, TITLE OR OFFICER - E.G. -JANE DOE, NOTARY PUB1llC-
personally appeared SARATH VIDANAGE ,
NAME(S) OF SIGNER(S)
[ ] personally known to me - OR - [X]
NAAME D. GENTRY
— - =� h?T /: Y PU? IC CALF -RN1A -
co.' S'fY OF S&NTA CLARA a
r p;Y Cer..ri; lan f c ?'.c3 Sept 24, 1F 9
-'� • _ Truer,— r.::�- *- i,���•�_ .•., —.-r�3
proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is /are subscribed to the within
instrument and acknowledged to me that he /she /they
executed the same in his /her /their authorized capacity(ies),
and that by his /her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
[ ] INDIVIDUAL
[ ] CORPORATE OFFICER
TITLE(S)
[ ]
PARTNER(S) [ ] LIMITED
[]GENERAL
[ 1 ATTORNEY -W -FACT
[ ] TRUSTEE(S)
[ ] GUARDIAN /CONSERVATOR
[X] OTHER OWNER
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
AGREEMENT TO WAIVER ETC..
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
7/29/94
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
RESOLUTION NO. SD -90 -010
RESOLUTION APPROVING TENTATIVE MAP OF
VIDANAGE; 12585 Saratoga- Sunnyvale Road
WHEREAS, application has been made to the Advisory Agency
under the Subdivision Map Act of the State of California and under
the Subdivision Ordinance of the City of Saratoga, for tentative
map approval of five (5) lots, all as more particularly set forth
in File No. SD -90 -010 of this City; and
WHEREAS, this Advisory Agency hereby finds that the proposed
subdivision, together with the provisions for its design and
improvement, is consistent with the Saratoga General Plan and with
all specific plans relating thereto, and the proposed subdivision
and land use is compatible with the objectives, policies and
general land use and programs specified in such General Plan,
reference to the Staff Report dated 5/22/91 being hereby made for
further particulars; and
WHEREAS, this body has heretofore received and considered the
Negative Declaration prepared for this project in accord with the
currently applicable provisions of CEQA; and
WHEREAS, none of the conditions set forth in Subsections (a)
through (g) of Government Code Section 66474 exist with respect to
said subdivision, and tentative approval should be granted in
accord with conditions as hereinafter set forth; and
WHEREAS, the Planning Commission has conducted a duly noticed
public hearing at which time all interested parties were given a
full opportunity to be heard and to present evidence;
NOW, THEREFORE, BE IT RESOLVED that the tentative map for the
hereinafter described subdivision, which map is dated the 5th day
of May, 1991 and is marked Exhibit "A" in the hereinabove referred
file, be and the same is hereby conditionally approved. The
conditions of said approval are as follows:
1. The applicant shall provide an approved fire hydrant at the
Fire Hydrant provided On entrance to the cul -de -sac, adjacent to Lot #1. The, fire
plans. hydrant shall flow not less than 1000 gpm at 20 psi residual.
2. The applicant shall submit a proposal for naming the cul -de-
PrOposal submitted. sac to the Saratoga Heritage Preservation Commission prior to
-Final Map approval.
3. Lots #1 through #5 shall be limited to single story construct -
Acknowledged. ion not to exceed 18 ft. in height. Portions of the roofline
may extend to 20 ft., however, if the Planning Commission
finds that they improve the design of the home and do not
adversely affect neighbors' views.
Acknowledged. 4. All future home construction shall require design review
approval by the Planning Commission. Landscape plans will be
File No. SD -90 -010; 12585 Saratoga - Sunnyvale Road
Completed by Surveyor. 9. Prior to submittal of the Final Map to the City Engineer for
examination, the owner (applicant) shall cause the property
to be surveyed by a Licensed Land Surveyor or an authorized
Civil Engineer. The submitted map shall show the existence
of a monument at all external property corner locations,
either found or set. The submitted map shall also show
monuments set at each new corner location, angle point, or as
directed by the City Engineer, all in conformity with the
Subdivision Map Act and the Professional Land Surveyors Act.
Bonding included - in 10. Interior monuments shall be set at each lot corner either
Improvement Security.
required for each lot and shall include at a minimum, two 24
inch box
street trees. The landscape plans shall also conform
to-the City's xeriscape
standards.
Acknowledged.
5. Future residences shall incorporate acoustical construction
techniques,
such as the use of dense materials, to minimize
noise impacts from Saratoga - Sunnyvale Road.
Revised plan Submitted.
6. Prior to Final Map approval, the applicant shall provide a
revised landscape buffer /pedestrian easement plan for Planning
Commission
review at a regularly adjourned study session. The
revised plan shall include:
a. An 8 to 10 foot tall soundwall along Saratoga - Sunnyvale.
Road with materials and colors indicated.
b• Increased earth berming, including earth mounding
.up
against the soundwall to minimize its exterior visual
height to
6 ft.
C. Four, 24 inch box minimum street trees.
d. An irrigation plan incorporating the City's xeriscape
standards.
Bonding included in
7. The applicant shall be responsible for improving the landscape,
Improvement Security.
buffer /pedestrian easement, or appropriately bonding for these
improvements,
prior to Final Map approval. These improvements
shall be
per the revised plan reviewed by the Planning
Commission as discussed in condition #10 above.
A regiment 'S 3 rigid .
g g
8 • Prior to Final Map approval, the property owner (applicant)
shall file a
written statement with the City Landscaping and
Lighting Assessment District LLA -1 for
the purpose of
maintaining the landscape buffer \pedestrian easement along
Saratoga- Sunnyvale Road. The statement shall further waive
the right of the
property owner (applicant) and any subsequent
owners of any of the newly created lots to file
a protest as
per Government Code Section 22589 to the annexation proceed-
ings.
Completed by Surveyor. 9. Prior to submittal of the Final Map to the City Engineer for
examination, the owner (applicant) shall cause the property
to be surveyed by a Licensed Land Surveyor or an authorized
Civil Engineer. The submitted map shall show the existence
of a monument at all external property corner locations,
either found or set. The submitted map shall also show
monuments set at each new corner location, angle point, or as
directed by the City Engineer, all in conformity with the
Subdivision Map Act and the Professional Land Surveyors Act.
Bonding included - in 10. Interior monuments shall be set at each lot corner either
Improvement Security.
Pile No. SD -90 -010; 12585 Saratoga - Sunnyvale Road
prior to recordation of the Final Map or some later date to
be specified on the Final
Map. If the owner (applicant)
chooses to defer the setting of interior
monuments to a
specified later date, then sufficient security as determined
by the .City Engineer
shall be furnished to the City Engineer
prior to Final Map approval.
Fees paid.
11. The owner (applicant) shall pay an Improvement Plan Checking
fee, as determined
by the City Engineer, at the time Improve-
ment Plans are submitted to the City Engineer
for checking.
Fees paid.
12. The owner (applicant) shall pay a Map Checking Fee, as
determined
by the City Engineer, at the time of submittal of
the Final Map for examination.
Maps submitted for examination
shall be not less than three in number and shall be
accom-
panied by the following items:
a. One copy of map checking calculations.
b.
Preliminary Title Report dated within previous 90 days.
C.. One Copy of each
map referenced thereon.
d. One
copy of each document /deed referenced thereon.
e. One
copy of any other map, document, deed, easement or
other
resource that will facilitate the examination
process.
Fees paid.
13. The owner (applicant) shall pay a Park and Recreation fee, as
determined by the
Planning Director, prior to Final Map
approval.
Insurance provided.
14. The owner (applicant) shall furnish a written indemnity
agreement
and proof of insurance coverages, in accordance with
Section 14- 05.055 of the Municipal Code,
approval. prior to Final Map
Plans submitted and
15. Engineered improvement plans, in accordance with the design
and improvement
approved.
requirements of Chapter 14 of the Municipal
Code, shall
be approved by the City Engineer and /or the
appropriate officials from other public agencies, including
Public and private utility providers, prior to Final Map
approval.
All easements offered
16. The owner (applicant) shall provide Irrevocable Offers of
Dedication
on Final Map.
for all required easements and /or rights of way on
the Final Map, in
substantial compliance with the approved
tentative map, prior to Final
Map approval.
Completed.
17. The owner (applicant) : shall submit a Final Map in substantial
compliance with
the approved Tentative Map, along with the
additional documents required in Section
14- 40.020 of the
Municipal Code, to the City Engineer for his
review and
approval. The Final Map shall contain all of the information
required in
certain by Section 14- 40.030 of the Municipal Code
File No. SD -90 -010; 12585 Saratoga - Sunnyvale Road
and any additional information that may be required by the
City Engineer, including a statement restricting direct access
to Saratoga - Sunnyvale Road from Lots 1 and.2.
Agreement signed.
18. The owner (applicant) shall enter into an Improvement
Agreement with the City in accordance with Section 14- 60.010
of the Municipal Code prior to Final Map approval.
All securities provided.
19. The owner (applicant) shall furnish Improvement Securities in
accordance with Section 14- 60.020 of the Municipal Code in the
manner and amounts determined by the City Engineer prior to
Final Map approval.
Done.
20• The owner (applicant) shall file with the Santa Clara County
Recorder the requisite statement indicating that there are no
liens against the property or any part thereof for any unpaid
taxes or special assessments prior to Final Map approval. A
copy of the statement shall be provided to the City Engineer.
Acknowledged.
21• All public and private improvements shall be completed and
accepted by the City Engineer, Planning Director, and /or the
appropriate officials from other public agencies, including
public and private utility providers, prior to the acceptance
of any Design Review applications for any of the lots proposed
to be created.
All utility commitments
22• Prior to Final Map approval, the owner (applicant) shall
provided.
furnish the City Engineer with satisfactory written commit-
ments from all pubic and private utility providers serving the
subdivision guaranteeing the completion of all required
Utility improvements.
Acknowledged.
23• The owner (applicant) shall secure all necessary permits from
the City and any other public agencies, including public and
private utility providers, prior to the start of any construc-
tion
of the subdivision improvements.
Completed.
24. The owner (applicant) shall cause all structures on the
property to be removed prior to Final Map approval, with the
exception of the accessory structure on Lot #5, which may
remain until construction acceptance is granted by the City
Engineer. This exception does not include the non - conforming
garage structure at the northeast corner of Lot #5.
Completed.
25 • Protective fencing shall be placed under the driplines of the
redwood trees on Lot #5 prior to demolition of any structures.
Acknowledged.
26. Non - compliance with any of the conditions of this resolution
shall constitute a violation of approval. Because it is
impossible to estimate damages the City could incur due to the
violation, liquidated damages of $250.00 shall be payable to
this City per each day of the violation.
I
File No. SD -90 -010; 12585 Saratoga - Sunnyvale Road
Section 1. Applicant shall sign the agreement to these
conditions within 30 days of the passage of this resolution or said
resolution shall.be void.
Section 2. Conditions must be completed within 24 months or
approval will expire.
Section 3. All applicable requirements of the State, County,
City and other Governmental entities must be met.
Section 4. Unless appealed pursuant to the requirements of
Article 15 -90 of the Saratoga City Code, this Resolution shall
become effective fifteen (15) days from the date of adoption.
PASSED AND ADOPTED by the City of Saratoga Planning Commis-
sion, State of California, this 26th day of Ju
following vote: ne, 1991, by the .
AYES: BOGOSIAN, CALDWELL, DURKET, FAVERO, FORBES, MORAN, TUCKER
NOES: none
ABSENT: none
/9, t1, 7 A e,-/
Chairman, Planning C mmission
ATTEST
Secret
y, P anning Commission
The foregoing conditions are hereby accepted:
Signature of applicant Date
D: \wp5 \JW \SD90 -010