HomeMy WebLinkAbout05-16-2001 City Council Staff Report SARATOGA CITY COUNCIL
MEETING DATE: May 16, 2001 AGENDA ITEM: Z
ORIGINATING DEPT: Public Works CITY MANAGER: 'C - —- -
PREPARED BY: S ► g ,L.v&a DEPT HEAD:
SUBJECT: Final map approval for five lots located at 20251 Saratoga-Los Gatos Road.
Owner: Howell &McNeil Development, LLC.
RECOMMENDED ACTION(S):
1. Move to adopt resolution No. SD-00-002 granting final map approval of tentative map
application No. SD-00-002 for five lots located at 20251 Saratoga-Los Gatos Road.
2. Move to authorize the Mayor to execute the Subdivision Improvement Agreement.
REPORT SUMMARY:
Attached is Resolution No. SD-00-002 which, if adopted, will grant final map approval for five
lots located at 20251 Saratoga-Los Gatos 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-00-002, have been completed 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, the City Surveyor's certificate has been executed on the final map and the final
map has been filed 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 $9,000 in Engineering Fees and$82,800 in Park Development Fees.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
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.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
The signed map will be released to the subdivider's Title Company for recordation along with
recording instructions.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
1. Site Map.
2. Tract Map.
3. Resolution No. SD-00-002 granting final map approval.
4. Planning Commission Resolution No. SD-00-002 approving the tentative map with
conditions.
5. Subdivision Improvement Agreement.
REPORT TO THE PLANNING COMMISSION
Application No./Location: SD-00-002; 20251 Saratoga-Los Gatos Road
Applicant/Owner: Howell&McNeil Development,LLC
Staff Planner: Christina Ratcliffe,AICP,Assistant Planner C"\
Date: August 9,2000
APN: 397-21-022 Department Head: ` 3z..-
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20251 Saratoga-Los Gatos Road •
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APPROVAL OF RESOLUTION NO. SD-00-002
CITY OF SARATOGA PLANNING COMMISSION
STATE OF CALIFORNIA
Howell&McNeil,LLC;20251 Saratoga-Los Gatos 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 Parcel Map approval of 11 lots,all as more particularly set forth in File No.SD-99-
003 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 are
compatible with the objectives, policies and general land use and programs specified in such
General Plan,reference to the staff report dated August 9,2000 being hereby made for further
particulars;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;and
NOW, THEREFORE BE IT RESOLVED that the Tentative Parcel Map for the hereinafter
described subdivision,which map is dated September 22,1999 and is marked Exhibit"A"in the
herein above referred file,be and the same is hereby conditionally approved. The conditions of
said approval are as follows:
PLANNING
Acknowledged 1. The development shall be located and constructed as shown on Exhibits "A" and "B",
incorporated by reference, with the exception that Pervious Pavers shall be utilized in
the driveways of Lot#4 and Lot#5,per the Arborist's report.
Completed 2. Prior to submittal of the Final Map to the City Engineer,the following shall be submitted
to the Planning Division staff in order to issue a Zoning Clearance:
i. Five(5)sets of complete improvement plans or Final Map incorporating this Resolution
as a separate plan page and containing the following revisions:
ii. All applicable recommendations of the City Arborist shall be shown on the improvement
plans.
•
File No.SD-00-002;20251 Saratoga-Los Gatos Road
ii. The Final Map shall contain a note with the following language: In the
event that buried archaeological resources are discovered, all work in the
area shall stop immediately and a qualified archaeologist shall be contacted
to inspect the discovery. In the event that it is demonstrated that the
discovery comprises an archaeological deposit which. has not been
historically disturbed,it will be the responsibility of the project manager to
conduct necessary evaluative archaeological testing to demonstrate the
potential scientific significance of any such discovery before any plans for
mitigation of impacts are adopted by the City of Saratoga.
iii. A storm water retention plan indicating how all storm water will be
retained on-site,and incorporating the New Development and Construction
-Best Management Practices. If all storm water cannot be retained on-site
due to topographic,soils or other constraints,an explanatory note shall be
provided on the plan.
Acknowledged 3. The Arborist shall review and approve Improvement Plans prior to issuance of
permits.
Application 4. Prior to approval of the Final Map,applicant shall submit an application to place
submitted the main residence on the Heritage Resources Inventory and supply historical
background for same.
Acknowledged 5. The pedestrian pathway shall be installed per Exhibit"A".
Acknowledged 6. A Landscape Maintenance Agreement and for the pedestrian pathway shall be
recorded with the Final Map.
Acknowledged 7. No ordinance size tree shall be removed(with the exception of Tree#8 on Lot#1,
Trees#9&11 on Lot#2,Tree#3 on Lot#3 and Tree#4 on Lot#5)without first
obtaining a Tree Removal Permit.
Acknowledged 8. FENCING REGULATIONS - No fence or wall shall exceed six feet in height
and no fence or wall located within any required front yard shall exceed three
feet in height.
Acknowledged 9. No structure shall be permitted in any easement, with the exception of the
pedestrian pathway,per Exhibit"A".
Acknowledged 10. Future development of Lots#1 through#5 shall require Design Review approval.
Building sites and driveway locations shall be consistent with the approved site
development plan and based on current Zoning Ordinance regulations and City
policy. The location of any structures and their driveways on Lots 1-5 shall
maximize tree preservation.
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File No.SD-00-002;HOWELL&McNE1L,20251 Saratoga-Los Gatos
Acknowledged 12. Applicant shall connect to San Jose Water Company.
Acknowledged 13. Applicant shall coordinate with P,G&E in the development of the project plans.
CITY ARBORIST
All included on 14. All recommendations in the City Arborist's Reports dated April 28,2000,June 22,2000
the plans and June 13,2000 shall be followed and incorporated into the plans. This includes,but is
not limited to:
i. The Arborist Report shall be incorporated, as a separate plan page, to the
Improvement Plan set and the grading plan set and all applicable measures noted on
the site and grading plans.
ii. Five(5)ft.chain link tree protective fencing shall be shown on the Improvement Plan
as recommended by the Arborist with a note "to remain in place throughout
construction." The fencing shall be inspected by staff prior to issuance of a Grading
Permit.
iii. A note shall be included on the site plan stating that no construction equipment or
private vehicles shall park or be stored within the dripline of any ordinance protected
trees on the site.
Acknowledged 15. Prior to issuance of a Grading Permit,the applicant shall submit to the City,in a form
acceptable to the Community Development Director, security in the amount of
$29,697pursuant to the report and recommendation by the City Arborist to guarantee
the maintenance and preservation of trees on the subject site.
Postponement 16. Prior to Final Map approval, two 36-inch box native trees shall be planted as
approved by Planning replacements.All 36-inch box trees shall have a trunk diameter of no less than 3-inches.
Dept. Diameters are measured 1 foot above grade.
Postponement 17. Prior to Final Map approval,the City Arborist shall inspect the site to verify compliance
with tree protective measures. Upon a favorable site inspection by the Arborist and,any
approved by Planning
Dept. replacement trees having been planted,the bond shall be released.
18. Any future landscaping shall be designed and installed in accordance with the Arborist's
Acknowledged recommendations.
File No.SD-00-002;HOWELL&McNEIL,20251 Saratoga-Los Gatos
Acknowledged 19. A project arborist certified by the International Society of Arboriculture shall be retained
to(1)provide on site supervision during key aspects of construction of the improvements
for the purpose of preventing or minimizing damage to Ordinance-protected trees and
(2)provide regular written progress reports to the City of these supervision functions as
they occur.
FIRE PROTECTION DISTRICT
Acknowledged 20. Future roof coverings shall be fire retardant,Uniform Building Code Class"A"prepared
or built-up roofing.
Acknowledged 21. Early Warning Fire Alarm System shall be installed and maintained in accordance with
the provisions of the City of Saratoga Code-Article 16-60 in all newly constructed homes_
Acknowledged 22. Early Warning Fire Alarm System shall have documentation relative to the proposed
installation and shall be submitted to the Fire District for approval.
Acknowledged 23. Automatic sprinklers shall be installed in the newly constructed garages (2 heads per
stall).The designer/architect shall contact the San Jose Water Company to determine the
size of service and meter needed to meet fire suppression and domestic requirements.
Acknowledged 24. Automatic sprinklers are required for the new residences.A 4-head calculated sprinkler
system is required.Documentation of the proposed installation and all calculations shall
be submitted to the Fire District for approval.The sprinkler system shall be installed by a
licensed contractor.
Acknowledged 25. The Developer shall install fire hydrants as determined by the Fire District. These
hydrants shall meet Fire District specifications and shall be accepted prior to the
construction of any building.
Acknowledged 26. All Fire Hydrants shall be located within a 500 ft. radius from the residence and deliver
no less than 100 gallons/minute of water for a sustained period of two hours.
Acknowledged 27. All driveways shall have a minimum inside curve radius of 21 feet.
PUBLIC WORKS
Completed 28. Prior to submittal of the Final Map to the Public Works Department 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
File No.SD-00-002;HOWELL&McNEIL,20251 Saratoga-Los Gatos
show monuments set at each new corner location,angle point,or as directed by the Public
Works Department,all in conformity with the Subdivision Map Act and the Professional
Land Surveyors Act.
Map submitted 29. The owner (applicant) shall submit four (4) copies of a Final Map in substantial
conformance with the approved Tentative Map, along with the additional documents
required by Section 14-40.020 of the Municipal Code,to the Public Works Department for
examination. The Final Map shall contain all of the information required in Section 14-
40.030 of the Municipal Code and shall be accompanied by the following items:
i. One copy of map checking calculations.
A. Preliminary Title Report for the property dated within ninety (90) days of the date of
submittal for the Final Map.
iii. One copy of each map referenced on the Final Map.
iv. One copy of each document/deed referenced on the Final Map.
v. One copy of any other map, document, deed, easement or other resource that will
facilitate the examination process as requested by the City Engineer.
Fees paid 30. The owner(applicant)shall pay a Map Checking fee,as determined by the Public Works
Director,at the time of submittal of the Final Map for examination.
Provided on the 31. The owner (applicant) shall provide Irrevocable Offers of Dedication for all required
Final Map easements and/or rights-of-way on the Final Map, in substantial conformance with the
approved Tentative Map,prior to Final Map approval.
Improvement Plans 32. The owner(applicant) shall submit engineered improvement plans to the Public Works
approved Department in conformance with the approved Tentative Map and in accordance with the
design and improvement requirements of Chapter 14 of the Municipal Code. The
improvement plans shall be reviewed and approved by the Public Works Department and
the appropriate officials from other public agencies having jurisdictional authority,
including public and private utility providers, prior to approval of the Final Map. The
following specific conditions shall be included on the improvement plans:
Included on the i. Carnelian Glen Court within the limits of subdivision shall be overlaid with 2"of asphalt
plans concrete.
Included on the A. Driveway approach from Saratoga-Los Gatos Road shall be removed.
plans
Acknowledged 33. The owner(applicant)shall underground all existing overhead utilities along easterly side
of Saratoga-Los Gatos Road from Carnelian Glen Court to the closest joint pole towards
Horseshoe Drive.
Fees paid 34. The owner (applicant) shall pay a Subdivision Improvement Plan Checking fee, as
determined by the Public Works Director;at the time Improvement Plans are submitted for
review.
File No.SD-00-002;HOWELL&McNEIL,20251 Saratoga-Los Gatos
Improvement 35. The owner (applicant) shall enter into an Improvement Agreement with the City in
Agreement signed accordance with Section 14-60.010 of the Municipal Code prior to Final Map approval.
Bonds posted 36. 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 Public Works
Director prior to Final Map approval.
Proof of insurance 37. The owner(applicant)shall furnish a written indemnity agreement and proof of insurance
provided coverage,in accordance with Section 14-05.050 of the Municipal Code,prior to Final Map
approval.
Letters provided 38. Prior to Final Map approval, the owner(applicant) shall furnish the City Engineer with
satisfactory written commitments from all public and private utility providers serving the
• subdivision guaranteeing the completion of all required utility improvements to serve the
subdivision.
Permits secured 39. The owner(applicant)shall secure all necessary permits from the City and any other public
agencies, including public and private utility providers, prior to commencement of
subdivision improvement construction. Copies of permits other than those issued by the
City shall be provided to City Engineer.
Fees paid 40. The owner(applicant)shall pay the applicable Park and Recreation fee prior to Final Map
approval.
Acknowledged 41. All building and construction related activities shall adhere to New Development and
Construction - Best Management Practices as adopted by the City for the purpose of
preventing storm water pollution.
CITY ATTORNEY
Hold Harmless 42. Applicant agrees to hold City harmless from all costs and expenses,including attorney's
form signed fees, incurred by the City or held to be the liability of City in connection with City's
defense of its actions in any proceeding brought in any State or Federal Court,
challenging the City's action with respect to the applicant's project.
Acknowledged 43. Noncompliance with any of the conditions of this permit shall constitute a violation of
the permit. Because it is impossible to estimate damages the City could incur due to the
violation, liquidated damages of$250 shall be payable to this City per each day of the
violation.
Section 2.Construction must be commenced within 24 months or approval will expire.
Section 3. All applicable requirements of the State, County, City and other
Governmental entities must be met.
City of Saratoga
City Clerk's office
Memo
To: Mayor and Councilmembers
From: Cathleen Boyer, City Clerk
Date: May 16, 2001
Re: Agenda Item#2D — Howell/McNeil 20251 Saratoga— Los Gatos Road
The attached proposed resolution amends Resolution No. 01-001 that the City
Council adopted at the January 3, 2001 City Council meeting. Due to an
administrative error the incorrect subdivision number was referenced "SD-99-003".
The correct subdivision designation is "SD-00-002".
Also, attached is an amended "Attachment #4" which also reflects. the correct
subdivision number and includes the conditions approved by Council on January 3'.
RESOLUTION NO. 01-
AMENDMENT TO
RESOLUTION NO. 01-001
APPROVING TENTATIVE MAP NO. SD-00-002
Howell & McNeil, LLC; 20251 Saratoga-Los Gatos Road
WHEREAS, On January 3, 2001 the Saratoga City Council adopted Resolution
No. 01-001 approving a five lot subdivision at 20251 Saratoga-Los Gatos Road; and
WHEREAS, due to an administrative error said resolution incorrectly referenced
the subdivision as SD-99-003 when, in fact, the correct subdivision designation is
SD-00-002.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga,
as follows:
That Resolution No. 01-001 adopted by the Saratoga City Council on January 3,
2001 is hereby amended to replace each reference to "SD-99-003"with a reference to
"SD-00-002."
PASSED AND ADOPTED by the City Council of the City of Saratoga, State of
California, this 16th day of May 2001 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
John Mehaffey, Mayor
ATTEST:
Cathleen Boyer, City Clerk
APPROVAL OF RESOLUTION No. 01-001
RESOLUTION OF THE CITY COUNCIL OF SARATOGA
APPROVING TENTATIVE MAP NO.SD-00-002
Howell&McNeil,LLC;20251 Saratoga-Los Gatos Road
WHEREAS,pursuant to the Subdivision Map Act of the State of California
and the Subdivision Ordinance of the City of Saratoga an application was made and
subsequently modified to the City of Saratoga for Tentative Map approval of 5
residential lots,all as more particularly set forth in File No.SD-00-002 of this City per,
the revised exhibit marked"Exhibit A"and presented at the City Council meeting of
December 12,2000;and •
WHEREAS, following consideration and approval of the subdivision by the
Advisory Agency on September 13, 2000, the decision of the Advisory Agency was
appealed by Lester Lee and Helen Lee in accordance Article 14-85 of the Saratoga City
Code;and
WHEREAS, the City Council conducted a de novo public hearing on the
matter at which time any person interested in the matter was given the full
opportunity to be heard and to present evidence on November 15,2000 and December
12, 2000 and considered and denied the appeal and considered and approved the
proposed subdivision following said hearing;and
WHEREAS, the City Council considered various modifications to the proposed
subdivision proposed by the applicant in plans submitted November 30, 2000,
showing 5 residential lots and a revised driveway alignment for lots 4 and 5,all as
more particularly set forth in File No.SD-00-002 of this City;and
WHEREAS, the City Council reviewed and considered the staff report,
minutes of proceedings conducted by the Planning Commission relating to the
application, and all written and oral evidence presented to the City Council in
support of and in opposition to the application.
WHEREAS,the Advisory Agency and the City Council have conducted duly
noticed public hearings in connection with this matter at which time all interested
parties were given a full opportunity to be heard and to present evidence.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Saratoga,
as follows:
SECTION 1. The City Council of the City of Saratoga hereby finds that:
1. 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
are compatible with the objectives, policies and general land use and
programs specified in such General Plan,reference to the staff reports dated
August 9, 2000 and September 13, 2000 being hereby made for further
particulars;and
2. 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. •
SECTION 2. The appeal of Tentative Parcel Map SD-00-002 is denied and the hereinafter
described subdivision,which map is dated November 30,2000 and is marked Exhibit-A-
in the hereinabove referred file,be and the same is hereby conditionally approved. The
conditions of itid approval are as follows: . -•-
PLANNING
Acknowledged 1. The development shall be located and constructed as shown on Exhibit "A",
incorporated by reference,with the exception that Pervious Pavers shall be utilized
in the driveways of Lot#4 and Lot#5,per the Arborist's report.
Completed 2. Prior to submittal of the Final Map to the City Engineer, the following shall be
submitted to the Planning Division staff in order to issue a Zoning Clearance:
a. Five (5) sets of complete improvement plans or Final Map incorporating this
Resolution as a separate plan page and containing the following revisions:
i. All applicable recommendations of the City Arborist shall be shown on the
improvement plans.
ii. The Final Map shall contain a note with the following language: In the
event that buried archaeological resources are discovered, all work in the
area shall stop immediately and a qualified archaeologist shall be contacted
to inspect the discovery. In the event that it is demonstrated that the
odistovery comprises an archaeological deposit which -has not been
historically disturbed,it will be the responsibility of the project manager to
conduct necessary evaluative archaeological testing to demonstrate the
potential scientific significance of any such discovery before any plans for
mitigation of impacts are adopted by the City of Saratoga.
iii. A storm water retention plan indicating how all storm water will be
retained on-site,and incorporating the New Development and Construction
-Best Management Practices. If all storm water cannot be retained on-site
C\My Documents ves\howe imcecddoc
due to topographic,soils or other constraints,an explanatory note shall be
provided on the plan.
Acknowledged 3. The Arborist shall review and approve Improvement Plans prior to issuance of
permits.
Application 4. Prior to approval of the Final Map, applicant shall submit an application to place
submitted the main residence on the Heritage Resources Inventory and supply historical
background for same.
Acknowledged 5. The pedestrian pathway shall be installed per Exhibit"A".
Acknowledged 6. A Lanr'raPe Maintenance
Agreement and for the pedestrian pathway shall be
recorded with the Final Map.
Acknowledged 7. No ordinance size tree shall be removed(with the exception of Tree#8 on Lot#1,
Trees#9&11 on Lot#2,Tree#3 on Lot#3 and Tree#4 on Lot#5)without first
obtaining a Tree Removal Permit
Acknowledged 8. FENCING REGULATIONS - No fence or wall shall exceed six feet in height
and no fence or wall located within any required front yard shall exceed three
feet in height
Acknowledged 9. No structure shall be permitted in any easement, with the exception of the
pedestrian pathway,per Exhibit"A".
Acknowledged 10 Future development of Lots #1 through #5 shall require Design Review approval.
Building sites and driveways shall be consistent with the approved building
envelopes and based on current Zoning Ordinance regulations and City policy. The
location of any structures on Lots 1-5 shall maximize tree preservation. The Design
Review application shall include a planting plan providing, inter alia, vegetative
screening of the Lot #4 and Lot#5 driveway from homes on the opposite side of
Carnelian Glenn Court and a tree replacement plan approved by the City Arborist
for any trees to be removed in connection with development of the driveway for
Lots#4 and#5.
Acknowledged 11. Applicant shall connect future sewer hookups to the West Valley Sanitation
District.
Acknowledged 12. Applicant shall connect to San Jose Water Company.
Acknowledged 13. Applicant shall coordinate with P,G&E in the development of the project plans.
CITY ARBORIST
CIWINDOWSTE Thvecd Howell McNu7 Appeal Rmlunon dac
4
All included on 14. All recommendations in the City Arborist's Reports dated April 28,2000,June 22,
the plans 2000 and June 13, 2000 shall be followed and incorporated into the plans. This
includes,but is not limited to:
a. The Arborist Report shall be incorporated, as a separate plan page, to the
Improvement Plan set and the grading plan set and all applicable measures
noted on the site and grading plans.
b. Five (5) ft. chain link tree protective fencing shall .be shown on the
Improvement Plan as recommended by the Arborist with a note "to remain in
place throughout construction." The fencing shall be inspected by staff prior to
issuance of a Grading Permit.
c. A note shall be included on the site plan stating that no construction equipment
or private vehicles shall park or be stored within the dripline of any ordinance
protected trees on the site.
Acknowledged 15. Prior to issuance of a Grading Permit, the applicant shall submit to the City,in a
form acceptable to the Community Development Director,security in the amount
of $29,697pursuant to the report and recommendation by the City Arborist to
guarantee the maintenance and preservation of trees on the subject site.
Postponement 16. Prior to Final Map approval, two 36-inch box native trees shall be planted as
approved by Planning replacements.All 36-inch box trees shall have a trunk diameter of no less than 3-
Dept. inches.Diameters are measured 1 foot above grade.
Postponement 17. Prior to Final Map approval, the City Arborist shall inspect the site to verify
approved by Planning compliance with tree protective measures. Upon a favorable site inspection by the
Dept. Arborist and,any replacement trees having been planted,the bond shall be released Acknowledged 18. Any future landscaping shall be designed and installed in accordance with the
Arborist's recommendations.
Acknowledged 19. A project arborist certified by the International Society of Arboriculture shall be
retained to(1)provide on site supervision during key aspects of construction of the
improvements for the purpose of preventing or minimizing damage to Ordinance-
protected trees and(2)provide regular written progress reports to the City of these
supervision functions as they occur.
C.\WWDOWSTEMP\ReneedHowell McNeil Appeal Rrsoludoadoc
FIRE PROTECTION DISTRICT
Acknowledged 20. Future roof coverings shall be fire retardant, Uniform Building Code Class "A"
prepared or built-up roofing.
Acknowledged 21. Early Warning Fire Alarm System shall be installed and maintained in accordance
with the provisions of the City of Saratoga Code-Article 16-60 in all newly
constructed homes.
Acknowledged 22. Early Warning Fire Alarm System shall have documentation relative to the
proposed installation and shall be submitted to the Fire District for approval.
Acknowledged 23. Automatic sprinklers shall be installed in the newly constructed garages (2 heads
per stall). The designer/architect shall contact the San Jose Water Company to
determine the size of service and meter needed to meet fire suppression and
domestic requirements.
Acknowledged 24. Automatic sprinklers are required for the new residences. A 4-head calculated
sprinkler system is required. Documentation of the proposed installation and all
calculations shall be submitted to the Fire District for approval. The sprinkler
system shall be installed by a licensed contractor.
Acknowledged 25. The Developer shall install fire hydrants as determined by the Fire District.These
hydrants shall meet Fire District specifications and shall be accepted prior to the
construction of any building.
Acknowledged 26. All Fire Hydrants shall be located within a 500 ft. radius from the residence and
deliver no less than 100 gallons/minute of water for a sustained period of two hours.
Acknowledged 27. All driveways shall have a minimum inside curve radius of 21 feet.
PUBLIC WORKS
Completed 28. Prior to submittal of the Final Map to the Public Works Department 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 Public Works Department,all in
conformity with the Subdivision Map Act and the Professional Land Surveyors Act.
Map submitted 29. The owner (applicant) shall submit four (4) copies of a Final Map in substantial
conformance with the approved Tentative Map, along with the additional
• documents required by Section 14-40.020 of the Municipal Code, to the Public
Works Department for examination. The Final Map shall contain all of the
C\WINDOWSl7FMPViewed Nowell McNeil Appel Resolutiondoc
•
information required in Section 14-40.030 of the Municipal Code and shall be
accompanied by the following items:
a. One copy of map checking calculations.
b. Preliminary Title Report for the property dated within ninety (90) days of the
date of submittal for the Final Map.
c. One copy of each map referenced on the Final Map.
d One copy of each document/deed referenced on the Final Map.
e. One copy of any other map,document,deed,easement or other resource that will
facilitate the examination process as requested by the City Engineer.
Fees paid 30. The owner(applicant)shall pay a Map Checking fee,as determined by the Public
Works Director,at the time of submittal of the Final Map for examination. •
Provided on the 31. The owner(applicant)shall provide Irrevocable Offers of Dedication for all required
Final Map easements and/or rights-of-way on the Final Map,in substantial conformance with
.the approved Tentative Map,prior to Final Map approval.
Improvement Plans 32. The owner (applicant) shall submit engineered improvement plans to the Public
approved Works Department in conformance with the approved Tentative Map and in
accordance with the design and improvement requirements of Chapter 14 of the
Municipal Code. The improvement plans shall be reviewed and approved by the
Public Works Department and the appropriate officials from other public agencies
having jurisdictional authority,including public and private utility providers,prior
to approval of the Final Map.The following specific conditions shall be included on
the improvement plans:
Included on the a. Carnelian Glen Court within the limits of subdivision shall be overlaid with 2"of
plans asphalt concrete.
Included on the b. Driveway approach from Saratoga-Los Gatos Road shall be removed
plans
Acknowledged 33. The owner (applicant) shall underground all existing overhead utilities along
easterly side of Saratoga-Los Gatos Road from Carnelian Glen Court to the closest
joint pole towards Horseshoe Drive.
Fees paid 34. The owner(applicant)shall pay a Subdivision Improvement Plan Checking fee,as
determined by the Public Works Director; at the time Improvement Plans are
submitted for review.
35. The owner(applicant)shall enter into an Improvement Agreement with the City in
Improvement accordance with Section 14-60.010 of the Municipal Code prior to Final Map
Agreement signed approvaL
Bonds posted 36. 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 Public Works Director prior to Final Map approval.
c\WINDOWSUFMP\Armed Howell McNeil Appel Rcnluticadoc
1
Proof of insurance 37. The owner (applicant) shall furnish a written indemnity agreement and proof of
provided insurance coverage, in accordance with Section 14-05.050 of the Municipal Code,
prior to Final Map approval.
Letters provided 38. Prior to Final Map approval,the owner(applicant)shall furnish the City Engineer
with satisfactory written commitments from all public and private utility providers
serving the subdivision guaranteeing the completion of all required utility
improvements to serve the subdivision.
Permits secured 39. The owner (applicant) shall secure all necessary permits from the City and any .
other public agencies, including public and private utility providers, prior to
commencement of subdivision improvement construction. Copies of permits other
• than those issued by the City shall be provided to City Engineer.
Fees paid 40. The owner (applicant) shall pay the applicable Park and Recreation fee prior to
Final Map approval.
Acknowledged 41. All building and construction related activities shall adhere to New Development
and Construction - Best Management Practices as adopted by the City for the
purpose of preventing storm water pollution.
CITY ArrORNEY
42. Applicant agrees to hold City harmless from all costs and expenses, including
Hold Harmless attorneys fees,incurred by the City or held to be the liability of City in connection
form signed with City's defense of its actions in any proceeding brought in any State or Federal
Court,challenging the City's action with respect to the applicant's project.
Acknowledged 43. Noncompliance with any of the conditions of this permit shall constitute a violation
of the permit. Because it is impossible to estimate damages the City could incur due
to the violation,liquidated damages of$250 shall be payable to this Ciry per each
day of the violation_
•
SECTION 3.Construction must be commenced within 24 months or approval will expire.
SECTION 4. All applicable requirements of the State, County, City and other
Governmental entities must be met.
PASSED AND ADOPTED by the City Council of the City of Saratoga, State of
California,this 3rd day of January 2001 by the following vote:
AYES: STAN BOGOSIAN,JOHN MEHAFFEY,NICK STREIT,ANN WALTONSMITH
NOES: EVAN BAKER
C WINDOWSTEMP Itenaed Howell McNcO Appeal Rmlutbadoe
I
ABSENT: NONE
ABSTAIN: NONE
John ehaffey,Mayor
1A\TTEST: fl
een Boyer,City C erk
C\WINDOWSTFMPVRevixd Howell McNeil Appeal Rmolutnndoc
14653 Carnelian Glen Court COO
Saratoga, CA 95070 (�
October 8, 2001 OCT U 9 2001
Saratoga City Council c�
13777 Fruitvale AvenueSaratoga, CA 95070
Dear Saratoga City Council:
On December 12, 2000 the City Council considered the Appeal of the Approval of the
Tentative Map for the Subdivision Located at 20251 Saratoga-Los Gatos Road. This is
the subdivision across from my residence on Carnelian Glen Court. In approving the
tentative map,the council agreed to require the developer Howell &McNeil,LLC to
combine the driveways of Lots#4 and#5 and move it over 20 feet to reduce the impact
on my house. The purpose of this appeal and approval of the tentative map was so the
driveway of the flag Lot#4 would not face the front door of my house. My
understanding of the resolution was that the driveway of flag Lot#4 would turn away and
combine with the driveway of Lot#5,the net effect of which it would not face the front
door of my residence when entering the street. In addition, it was required that the
developers plant vegetation to shield headlights coming down the driveway of Lot#4
from shining onto my front door.
In the month of August 2001 construction commenced at the subdivision. A house was
razed and removed, fences were installed, and the lots were cleared of vegetation. The
driveway curbs were cut into Carnelian Glen and driveways were graded. Trees were
removed to make way for the path of the driveway. In addition, a driveway appeared
directly across from my front door, which I assume is the intended path of the combined
driveway of Lot#4 and Lot#5.
Appalled by the appearance of this driveway, I contacted the City Planning Department
director Mr. Tom Sullivan. I was informed that no map or plan of Lot#4 or Lot#5 was
filed with the city and therefore no permit for the construction was granted. Meanwhile, it
appears the developers have also installed the utility connections to the lots.
In addition, I discovered that the Final Map for the subdivision which the City Council
approved on May 16, 2001 did not show the easement for the driveway of flag Lot#4
angled or curved away from the front door of my house. Without this angle or curve,
there is no place to plant the protective vegetation to shield the impact of headlights
exiting this driveway as stipulated in the City Council hearing on the approval of the
tentative map for the subdivision.
On September 28th, I met Mr. Stan Bogosian(City Council Member),Mr. Dave
Anderson(City Manager), Mr. Tom Sullivan (Planning Director), and Mr. John
Cherbone(Public Works Director)at the driveway of Lot#4 and Lot#5. They all agreed
that the angle of the driveway that was graded(without permits) indeed faced the front
ql
4
door of my residence. Mr. John Cherbone proposed requiring the developer install a
center island on the driveway to force exiting vehicles from the driveway to turn away
from my front door. The developer would also be required to plant vegetation in this
island to shield the impact of headlights from shining onto my front door.
I believe the developer misled the City Council by submitting a Final Map that did not
contain the curved easement for a driveway that does not face the front door of my
residence. I feel the developer did not submit a Final Map in accordance to what was
agreed upon in the City Council's approval of the tentative map. The developer claims to
have moved the driveway 20 feet, yet the easement of the driveway also appeared to have
moved thus the angle of the driveway is still facing the front door of my residence. As
far as I am concerned, nothing has changed with respect to the developer's"adaptation"
of the Council's approval of the tentative map.
I would also like to point out that the developer commenced grading of the driveway of
Lot#4 and Lot#5 and removed an oak tree from the path of the driveway,yet no grading
permit has been issued and no bond(to guarantee the maintenance and preservation of
trees on the site)has been posted for either lots as stipulated in Section 2 Item 15 of
Resolution 01-001 Resolution of the City Council of Saratoga Approving Tentative Map
No. SD-99-003.
I urge the City Council to review all aspects of this subdivision, specifically the
orientation of the driveway easement of Lot#4. I do not feel the driveway easement as
shown on the Final Map satisfies the condition set forth by the Council in approving the
tentative map, nor was it the easement suggested by the developer in the hearing. I would
like construction halted at Lots#4 and#5 until a satisfactory map is submitted that meets
all of the conditions set forth by the Council in their hearing on the approval of the
tentative map.
Sincerely,
elen E. Lee
SARATOGA CITY COUNCIL
MEETING DATE: May 16, 2001 AGENDA ITEM:
ORIGINATING DEPT: Administrative Services CITY MANAGER:
PREPARED BY:
DEPT HEAD:
SUBJECT: Agreement to Purchase Tax - Defaulted Property
RECOMMENDED ACTION(S):
1. Adopt resolution approving the purchase of tax - defaulted real property adjacent to Hakone
Gardens Park.
2. Approve agreement between the City of Saratoga and the County of Santa Clara to purchase
tax - defaulted property.
REPORT SUMMARY:
In January, the County of Santa Clara notified the City of parcels that are tax- defaulted within
the City limits and slated to be auctioned off to the highest bidder. The notification offered an
opportunity for the City to object to the sale of a particular parcel and to purchase the parcel
directly rather than allow it to be auctioned. The City of Saratoga objected to the sale of parcel
number 517 -36 -010 that was immediately adjacent to the City's Hakone Gardens Park, and
expressed its interest in purchasing the parcel. The parcel is a narrow sliver of land just west of
the Park. It is identified on the attached map as the narrow rectangle labeled #10, to the right of
the Hakone Gardens Park parcel #9.
FISCAL IMPACTS:
The purchase price for the parcel is $800, which is the amount of defaulted property tax. An
additional amount of approximately $300 will be required for the cost of the public notice to be
placed by the County.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
There is no significant consequence if the process is merely delayed a few weeks. If the
agreement and resolution are denied by the City Council, the property will revert back to the
County of Santa Clara, who will sell it at the next County tax auction.
ALTERNATIVE ACTION(S):
Deny approval of the agreement and resolution, in which case the property will be sold at auction
to the highest bidder in the next County tax auction.
FOLLOW UP ACTION(S):
Forward the signed resolution and agreement to the County of Santa Clara for further processing;
pay $800 to the County of Santa Clara within ten days after the agreement becomes effective;
and take possession of the property.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Attachment A -Resolution approving the purchase of tax - defaulted real property adjacent to
Hakone Gardens Park.
Attachment B - Agreement between the City of Saratoga and the County of Santa Clara to
purchase tax - defaulted property.
Attachment C - Map
CouncilRpt -Tax Property 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING THE PURCHASE OF TAX - DEFAULTED REAL PROPERTY
ADJACENT TO HAKONE GARDENS PARK
WHEREAS, the County of Santa Clara notified the City of parcels that are tax - defaulted within
the City limits and are slated to be auctioned; and
WHEREAS, the City of Saratoga objected to the sale of parcel number 517 -36 -010 that was
immediately adjacent to the City's Hakone Gardens Park, and expressed its interest in purchasing
the parcel; and
WHEREAS, the purchase price for the parcel is $800, which is the amount of defaulted property
tax, and an additional amount of approximately $300 will be required for the cost of the public
notice.
NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves to approve the
purchase of parcel number 517 -36 -010 adjacent to Hakone Gardens Park;
AND, approve the agreement between the City of Saratoga and the County of Santa Clara to
purchase tax - defaulted property.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 16th day of May, 2001, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Cathleen Boyer, City Clerk
John Mehaffey, Mayor
ATTACHMENT A