HomeMy WebLinkAbout105-4. Planning Commission Resolution No. 09-029.pdf
Extension of Tentative Map 14234 Saratoga Sunnyvale Road Application # EXT09-0002 RESOLUTION NO: 09-029 Application No: EXT09-0002 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SARATOGA APPROVING A THREE YEAR EXTENSION FOR TENTATIVE SUBDIVISION MAP APPROVAL WITH AN ALL-INCLUSIVE LIST OF CONDITIONS OF APPROVAL WHEREAS, an application has been submitted by property
owner David Morrison for a three (3) year time extension of a Tentative Map approval originally granted by the Planning Commission on April 25, 2007 in Resolution 07-047 and extended
by the Planning Commission on June 10, 2009 for a three (3) year period that expired on April 25, 2009. Tentative Map approval was granted to subdivide a 2.35 acre (gross), RM-3000 zoned
parcel located at 14234 Saratoga-Sunnyvale Road into 20 townhome lots, or as more particularly set forth in Community Development Department File No. 06-017 of this City; and WHEREAS,
the approval for aforesaid Tentative Map would have expired on April 25, 2009. However, the property owner submitted an application for a three year extension prior to the expiration
date pursuant to City Code Section 14-20.080(b); and WHEREAS, the Advisory Agency, herein known as the Planning Commission, held a duly noticed Public Hearing on June 10, 2009 and at
which time all interested parties were given a full opportunity to be heard and to present evidence granted a three (3) year extension to the aforesaid Tentative Map approval; and; NOW,
THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the tentative map and other exhibits submitted in
connection with this matter, the Planning Commission of the City of Saratoga does hereby grant a three (3) year extension to Tentative Subdivision Map dated November 11, 2005, date stamped
May 12, 2009 prepared by Lea & Sung Engineering, Incorporated for the Lands of David and Terri Morrison APN 397-27-030 and marked Exhibit A in the hereinafter file. Said Tentative Map
approval shall expire on June 10, 2012. The same is hereby approved subject to the following conditions reflecting all the initial conditions of approval stated in Resolution 07-047.
WHEREAS, the City of Saratoga has prepared an Initial Study and Amended Initial Study and Mitigated Negative Declaration which was approved by the Planning Commission pursuant to the
requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, The Planning Commission shall not approve any tentative map or building site if it makes any of the nine
findings listed in Municipal Code Section 14-
Extension of Tentative Map 14234 Saratoga Sunnyvale Road Application # EXT09-0002 20.070(b). The Subdivision Map as proposed can be approved because the findings for denial were not
supported based on the following evidence: (1) That the proposed map is not consistent with the General Plan and any applicable specific plans. The proposed map is consistent with the
General Plan designation of Residential Multi-Family 3000, which allows up to 14 dwelling units per acre. The proposed map meets and exceeds the minimum lot size required by the municipal
code. Proposed lot dimensions including width, depth and frontage meet or exceed the minimums required by the municipal code. (2) That the design or improvement of the proposed subdivision
is not consistent with the General Plan and any applicable specific plan. The design and improvements of the proposed subdivision are consistent with the General Plan. The proposed configuration,
access and building envelopes are consistent with the code and are compatible with the existing density in the project vicinity. The proposed building coverage meets the maximum allowable
coverage for the site. The building setbacks meet or exceed the development regulations. Design review approval is being considered concurrently with the Subdivision Map application,
as applicable in the municipal code, for a new multi-family developments. The project meets the required design review finding addressing appropriate mass, bulk, view, privacy and compatibility
issues with the existing adjacent neighborhoods. (3) That the site is not physically suitable for the type of development proposed. The site is suitable for the type of development proposed.
The average grade of the site is a 7% slope. The subdivision and townhome project has received geotechnical clearance. The existing conditions including topography, location, and surroundings
will not hinder the proposed development on the site. (4) That the site is not physically suitable for the proposed density of development. The site meets or exceeds the minimum required
area for development at the 9.6 unit per acre density proposed by the project. The townhome development meets or exceed the the zoning district standards for the development of townhome
units as proposed by this subdivision. Development of the immediate surrounding area to the east and south is characterized by multi-family residential uses. The project is compatible
with surrounding density of development. (5) That the design of the subdivision are likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife
or their habitat. An Initial Study (IS) was prepared for the Project by the City of Saratoga, pursuant to the requirements of the California Environmental Quality Act (CEQA, Public Resources
Code sections 21000-21177), CEQA Guidelines, and City CEQA requirements. The Initial Study evaluated the potential for this
Extension of Tentative Map 14234 Saratoga Sunnyvale Road Application # EXT09-0002 project to cause an adverse effect, either individually or cumulatively, on the environment. Issues
discussed for which mitigation measures are proposed included noise, aesthetics, cultural resources, biological resources, geology and soils, hazards, and hydrology. There is no evidence
that, with mitigations as outlined in the IS, that the proposed project would have any potential for an adverse effect on the environment. A Mitigated Negative Declaration (MND) and
Mitigation Monitoring Plan were prepared for the project. (6) That the design of the subdivision is likely to cause serious health or safety problems. The proposed project is consistent
with the zoning and subdivision regulations in the Municipal Code and general plan. The Tentative Map has been reviewed and conditioned by the Sanitation District, Saratoga Fire Department,
Santa Clara Valley Water District, the Arborist, Planning Department and Public Works Engineers. All structural improvements to the property will be reviewed by the Community Development
Department. The project site is located in Zone X on the Flood Insurance Maps by FEMA. This designation incorporates the vast majority of properties within the City. Floodway areas of
Zone AE are located along the City’s major creeks and require certain construction techniques; however, the project site is designated as Zone X. (7) That the design of the subdivision
will conflict with easements for access or use. The existing site contains subdivision contains several access and utility easements. The subdivision does not conflict with any of the
above-mentioned easements. Any such easements are being retained and/or relocated, as required by the utility companies. (8) That a proposed subdivision of land which is subject to a
contract executed pursuant to the Williamson Act. Not Applicable. The project site is not under a Williamson Act contract. (9) That the discharge of waste from the proposed subdivision
into an existing community sewer system would result in violation of existing requirements. The West Valley Sanitation District of Santa Clara County has reviewed the proposed subdivision
reference correspondence dated July 8, 2006. The applicant will be required to provide a private sewer system designed in accordance with District standards or connect to the existing
sewer system, as required by the District. NOW THEREFORE BE IT RESOLVED: that the Tentative Subdivision Map for the hereinafter described subdivision, which map is date stamped May 12,
2009 is marked Exhibit “A” in the hereinafter file, be and the same is hereby approved subject to the following conditions. COMMUNITY DEVELOPMENT
Extension of Tentative Map 14234 Saratoga Sunnyvale Road Application # EXT09-0002 Acknowledged. 1) The subdivision and development shall be located and constructed as shown on Exhibit
“A” (incorporated by reference and date stamped May 12, 2009) and as presented to the Planning Commission on April 25, 2007 and in compliance with the conditions stated in the Resolution
of Approval of Design Review. The subdivision and development will incorporate a direct access to Saratoga-Sunnyvale Road as shown on Exhibit “B.” Acknowledged. 2) The following mitigations
are required in accordance with the Mitigated Negative Declaration and Mitigation Monitoring Plan prepared for the project: a) The project shall implement all recommendations of the
City Arborist Report dated June 15, 2006 and supplemented by the letter of the City Arborist dated April 16, 2007 and her testimony to the Planning Commission on April 25, 2007, regarding
recommended replacement tree sizes for the project (Mitigation 1). b) All lighting for the project shall be cast “cut-off” type lighting that will not cast glare on adjoining properties.
(Mitigation 2). c) Short-term construction emissions will be controlled through the implementation of Feasible Control Measure for Construction Emission, Table 2, including Basic Enhanced
and Optional Control Measures of the BAAQMD Guidelines. (Mitigation 3). d) California Red-Legged Frogs (if any) and their habitat shall be protected as follows (Mitigation 4): 1) Work
within the banks of Saratoga Creek shall occur only during the dry season of April 15th to October 15th work will cease when rain occurs. 2) Installation of a temporary exclusion barrier
along the limits of disturbance prior to any ground disturbance on the project site. A qualified biologist will inspect this area prior to installation of this barrier. The barrier will
remain in place until all development activities have been completed, and will be inspected daily by construction personnel, and maintained and repaired as necessary, to ensure that
it is functional and is not a hazard to California red-legged frogs located on the outer side of the fence. Any California red-legged frogs found will be moved to the outer side of the
fence in consultation with the U.S. Fish and
Extension of Tentative Map 14234 Saratoga Sunnyvale Road Application # EXT09-0002 Wildlife Service. 3) After the barrier fence has been installed, preconstruction surveys will be conducted
by a qualified biologist prior to any construction activities that occur in riparian or aquatic habitats. This biologist will conduct preconstruction surveys for two days and to nights
within 14 days prior to the initiation of any construction activities within the banks of Saratoga Creek. The final nighttime survey will occur the evening preceding the beginning of
construction activities in a given area. If California red-legged frogs are found inside the exclusion barrier during preconstruction surveys, they will be moved to the outer side of
the fence in consultation with the U.S. Fish and Wildlife Service, and surveys will continue until no California red-legged frogs are found for two consecutive days. 4) All vegetation
to be impacted within the banks of Saratoga Creek will be completely removed by hand just prior to to the initiation of outfall construction grading to remove cover that might be used
by California red-legged frogs, thus facilitating the detection of individuals of these species. 5) An employee education program will be conducted for contractors and their employees
involved in the project. The program will consist of a brief presentation by a qualified biologist concerning the following: a description of the red-legged frog and its habitat needs;
photographs of this species; an explanation of the red-legged frogs legal status and its protection under the endangered Species Act; and a list of measures being taken to reduce effect
to this species during project construction. A fact sheet conveying this information would be prepared for distribution to the above-mentioned people and anyone else who may enter the
Project site. 6) A representative will be appointed by the project proponent who will be the contact source for any employee, contractor or agency personnel who might inadvertently kill
or injure a red-legged frog or who finds a dead, injured, or entrapped individual. The representative will be identified during the employee education program. If a California red-legged
frog, or any animal that construction personnel believes may be this species, is encountered during project construction the following protocol shall be followed:
Extension of Tentative Map 14234 Saratoga Sunnyvale Road Application # EXT09-0002 7) All work that could result in direct injury, disturbance, or harassment of the individual animal
will immediately cease. 8) The foreman and a qualified biologist will be immediately notified. 9) The onsite biologist will immediately notify the Service via telephone or electronic
mail when a California red-legged frog is encountered that may be in harm’s way. 10) In consultation with the USFWS, a qualified biologist will move the frog to the outer side of the
exclusion barrier and monitor it until he/she determines that the frog is not imperiled by predators, or other dangers. 11) Tightly woven fiber netting or similar material will be used
for erosion control or other purposes at the project to ensure that California red-legged frogs do not get trapped. This limitation will be communicated to the contractor through use
of Special Provisions included in the bid solicitation package. Plastic monofilament netting (erosion control matting), rolled erosion control products or similar material shall not
be used at the Project site because California red-legged frogs may become entangled or trapped in it. 12)Use of pesticides, rodenticides, and herbicides in the action area shall be
utilized in such a manner as to prevent primary or secondary poisoning of the California red-legged frog, and the depletion of prey populations on which they depend. All uses of such
compounds shall observe label and other restrictions mandated by the U.S. Environmental Protection Agency, California Department of Food and Agriculture, and other appropriate State
and Federal regulations, as well as additional project-related restrictions deemed necessary by the Service. 13)During all construction mitigation implementation I and along streams,
Best Management Practices will be used to minimize erosion and impacts to water quality to protect water quality in downstream areas that might be used by the California red-legged frog.
e) A riparian setback of 50 feet with no structural elements shall occur within 30 feet of the riparian corridor boundary (top of bank fence), as recommended in the Riparian Corridor
Studies by H.T. Harvey & Associates. Any encroachment of hardscape and storm drainage system features within the 50-foot riparian setback shall be
Extension of Tentative Map 14234 Saratoga Sunnyvale Road Application # EXT09-0002 mitigated by planting native vegetation within non-disturbed areas of the setback at a 1:1 (area of
mitigation: area of encroachment) ratio. Mitigation planting within the setback area should include native tree species as specified Riparian Corridor Studies for the project. In addition,
non-native species must be removed within the mitigation planting area. (Mitigation 5). A letter prepared by H.T. Harvey Associates shall be submitted prior to issuance of building permits
which states that the landscape plan has complied with mitigation measures identified in the Riparian Corridor Study for this project. f) All conditions of the reports prepared by the
City Arborist for the project (November 29, 2005, December 14, 2005, April 26, 2006 & June 15, 2006 and supplemented by the letter of the City Arborist dated April 16, 2007 and her testimony
to the Planning Commission on April 25, 2007) shall be included as conditions of approval of the project (design review and tentative map) and shall be implemented prior to final occupancy
of all units. (Mitigation 6). g) If archaeological resources or human remains are discovered during construction, work shall be halted within a 50-meter radius of the find until it can
be evaluated by a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. (Mitigation
7) h) The project shall conform to geotechnical conditions as described in the Geotechnical Clearance for the project (May 15, 2006, City of Saratoga Associate Engineer) (Mitigation
8). i) A grading and drainage permit shall be obtained from the City Engineer. All conditions of the grading and drainage permit shall be implemented. Short term soil erosion and sediment
control resulting from construction activity will be controlled through the implementation of Feasible Control Measures for Construction Emission, Table 2 including Basic, Enhanced and
and Optional Control Measure of the BAAQMD CEQA Guidelines. (Mitigation 9): j) Demolition activities and removal of all building materials and fluorescent lights shall conform to the
Extension of Tentative Map 14234 Saratoga Sunnyvale Road Application # EXT09-0002 recommendations of the Phase I report by Lowney Associates – January 11, 2001. (Mitigation 10) k) All
conditions of the grading and drainage permit shall be met. A storm water retention plan indicating how all storm water will be retained on site shall be submitted and reviewed by staff.
All conditions of the Santa Clara Valley Water District shall be met. (Mitigation 11) l) The noise assessment study prescribes several mitigations to keep the noise on the site from
exceeding the noise standards for residential of the upper story units adjacent to Saratoga-Sunnyvale Road. The project design shall incorporate all mitigation measures recommended in
the Noise Study by H. Stanton Shelly, Environmental Consulting Services, Acoustical Consultant dated October 26 2005. (Mitigation 12) m) Hours of construction shall be limited to 7:30
a.m. to 6 p.m. Monday through Friday, and 9 a.m. to 5 p.m. Saturday. No construction shall be permitted on Sundays and on weekday holidays. (Mitigation 13) n) The applicant shall be
required to install the following off-site improvements as recommended by the Public Works Department, city traffic engineer, and project traffic consultant: 1) repair and/or resurface
sidewalks along frontage of street and pedestrian pathway from edge of property limits to Walnut Avenue (north) and bridge (south). (Mitigation 14) o) Prior to issuance of city permits,
the developer must present evidence of permit approval by from Santa Clara Valley Water District, and from U.S. Army Corps of Engineers, California Department of Fish and Game, as required
for any activities within jurisdictional areas of said agencies. (Mitigation 15) Acknowledged. 3. All fireplaces shall be gas-fired fireplaces with gas jets, direct venting, dffffffconvection
chambers, heat exchanger, variable heat output, and flame ssssssscontrol, and permanently affixed artificial logs. Note included. 4. The site plan shall contain a note with the following
language: “Prior to foundation inspection by the City, the LLS of record shall provide a written certification that all building setbacks are per the approved plans.”
Extension of Tentative Map 14234 Saratoga Sunnyvale Road Application # EXT09-0002 Acknowledged. 5. Conditions 2(k) and 12 require all water runoff from the project site to be retained
on site through the use of appropriate storm water control measures and in no event may any water runoff be directed toward the adjacent properties. Acknowledged. 6. The owner/applicant
is responsible for all damages to curb, gutter and public street caused during the project construction by project construction vehicles at the public right away areas at/near the property
frontage. Public Works Inspector will determine if any repair is required prior to Final Occupancy Approval. Acknowledged. 7. Applicant shall obtain an Encroachment Permit from the City
Public Works Department for any work in the public right-of-way including construction and curb, gutter and street repair. Permit obtained. 8. Prior to issuance of building permits,
the applicant shall obtain approval of the Santa Clara Valley Water District for design of the outfall structure for the project and landscape plan for areas within the riparian corridor.
Acknowledged. 9. Pest resistant landscaping plants shall be considered for use throughout the landscaped areas especially along any hardscaped area. Acknowledged. 10. Proper maintenance
of landscaping with minimal pesticide use shall be the responsibility of the property owner. Acknowledged. 11. The development shall be located and constructed as shown on Exhibit “A”
(incorporated by reference, date stamped September 1, 2006) and in compliance with the conditions stated in the Resolution of Approval of Design Review. Any proposed changes, -including
but not limited to façade design and materials -to the approved plans shall be submitted in writing with a clouded set of plans highlighting the changes. Proposed changes to the approved
plans are subject to the approval of the Community Development Director. Acknowledged. 12. A storm water retention plan shall be provided indicating how all storm water will be retained
on-site, and incorporating the New Development and Construction -Best Management Practices. An explanatory note shall be provided if all storm water cannot be maintained on site. The
storm water management plan shall comply with all design requirements mandated by the current National Pollution Discharge Elimination (NPDES) permit.
Extension of Tentative Map 14234 Saratoga Sunnyvale Road Application # EXT09-0002 Plans submitted. 13. A grading and drainage plan shall be submitted and this plan shall be reviewed
and approved by the City Arborist and the Community Development Department. Plans submitted. 14. The applicant should submit a soil and erosion control plan, which identifies the techniques
for minimizing the impact of disturbance on adjacent properties. Plans submitted. 15. A landscape plan shall be submitted which identifies the proposed landscaping and wall within the
right-of-way along Saratoga-Sunnyvale Road. This plan shall be reviewed by the City Arborist. CC&R’s provided. 16. A statement of covenant, conditions and restrictions (CC&R’s) shall
be provided which addresses the long term maintenance of structures and landscaping on-site and along Saratoga-Sunnyvale Road, including the wall. Acknowledged. 17. The applicant shall
furnish a staging plan and construction schedule plan at the same time as the above noted landscape plan. This schedule shall identify the various phases of development, including demolition
of existing structures, construction of roadway improvements, phasing of development of each building lot. The approximate number and size of vehicles involved in each phase of the development
and staging areas shall be identified in this construction schedule plan. Acknowledged. 18. All processing fees, in the form of deposit accounts on file with the community development
department, shall be reconciled with a minimum $500 surplus balance prior to building permit issuance until final occupancy is granted. Plans submitted. 19. The applicant shall prepare
and submit a revised landscape plan with regard to the direct access and also with regard to the screening in the area between the road and the Victor Lane properties. The revised landscape
plan shall be subject to review and approval by the Community Development Director prior to issuance of any permit for construction and shall include at minimum: appropriate fencing
and screening adjacent to the properties on Victor Lane, modification to the proposed wall along Saratoga-Sunnyvale Road to allow visibility from the new access, any other improvements
related to the direct access, and the proposed sign for the development.
Extension of Tentative Map 14234 Saratoga Sunnyvale Road Application # EXT09-0002 City Arborist Plans submitted. 20. A landscape plan shall be submitted for review by the City Arborist
that is in conformance with requirements of the Santa Clara Valley Water District for plants located within or in immediate proximity of the riparian corridor. No invasive species shall
be used. Approval by the SCWWD is required prior to final approval of the landscape plan and prior to issuance of building permits Acknowledged. 25. Prior to issuance of City Permits,
the applicant shall submit to the City, in a form acceptable to the Community Development Director, security in the amount of as determine appropriate by the City Arborist to guarantee
the maintenance and preservation of all trees recommended for preservation by the City Arborist. Acknowledged. 26. Building Inspection approval, the City Arborist shall inspect the site
to verify compliance with tree protective measures. The bond shall be released after the planting of required replacement trees, a favorable site inspection by the City Arborist, and
the payment of any outstanding Arborist fees. Acknowledged. 27. Trees #40 and #42 shall not be removed from the neighboring property on Victor Lane. Fire District Acknowledged. 27. Applicant
shall comply with all Fire District conditions, as required. PUBLIC WORKS Survey 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 and approved. 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
Extension of Tentative Map 14234 Saratoga Sunnyvale Road Application # EXT09-0002 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: 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 Public Works Department. 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. Bond posted. 31.
Interior monuments shall be set at each lot corner either 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 Public Works Director shall be furnished prior to Final Map approval,
to guarantee the setting of interior monuments. Shown on final map. 32. The owner (applicant) shall provide Irrevocable Offers of Dedication for all required easements and/or rights-of-way
on the Final Map, in substantial conformance with the approved Tentative Map, prior to Final Map approval. Acknowledged. 33. An Encroachment Permit issued by the Public Works Department
is required for improvements in any portion of the public right-of-way. Plans submitted. 34. The owner (applicant) shall submit engineered improvement plans to the Public 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
Extension of Tentative Map 14234 Saratoga Sunnyvale Road Application # EXT09-0002 utility providers, prior to approval of the Final Map. The following specific conditions shall be included
on the improvement plans: a) The owner (applicant) shall replace the existing sidewalk along easterly side of Saratoga-Sunnyvale Road from the north-west property corner to the bridge
over Saratoga Creek. In addition, the applicant shall replace damaged curb and gutter as needed. The extent of curb and gutter replacement shall be determined by the Public Works Engineer
in the field at the time of Encroachment Permit issuance. b) The owner (applicant) shall underground all existing overhead utilities along northerly and easterly side of the proposed
subdivision and remove utility poles. c) Pedestrian pathway along Saratoga-Sunnyvale Road from the northwest corner of the property to Gerald Zapelli Court shall be overlaid with asphalt
to create 6-foot wide pathway. If possible, the pathway shall be re-graded as necessary to comply with ADA specifications. d) The final location of the wall along Saratoga-Sunnyvale
Road shall be determined by the Public Works Director at the time of Improvement Plan examining. The approval of wall location within the existing public right of way/utility easement
is subject to written authorization from all utility companies that have jurisdiction over the easement. Minimum setback distance from the sidewalk might be required to provide area
for landscaping. Fees paid. 35. 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. Agreement executed. 36. 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. Bond posted. 37. 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. Insurance provided. 38. The owner (applicant) shall furnish a written indemnity agreement and proof of
insurance coverage, in accordance with Section 14-05.050 of the Municipal Code, prior to Final Map approval.
Extension of Tentative Map 14234 Saratoga Sunnyvale Road Application # EXT09-0002 Will-serve letters provided. 39. Prior to Final Map approval, the owner (applicant) shall furnish the
Public Works Department 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. Acknowledged. 40. The owner (applicant) shall secure all necessary permits from the City and any other public agencies, including public and private
utility providers and SCVWD prior to commencement of subdivi-sion improvement construction. Copies of permits other than those issued by the City shall be provided to the Public Works
Department. Fees paid. 41. The owner (applicant) shall pay the applicable Park and Recreation fee prior to Final Map approval. NOI filed, SWPPP submitted. 42. Prior to approval of the
Final Map, the applicant shall file a Notice of Intent (NOI) with the Regional Water Quality Control Board to obtain coverage under the State General Construction Activity National Pollutants
Discharge Elimination System (NPDES) Permit. Satisfactory evidence of the filing of the NOI shall be furnished to the City Engineer. The applicant shall comply with all provisions and
conditions of the State Permit, including preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP). Copies of the SWPPP shall be submitted to the City Engineer
prior to Final Map Approval and maintained on site at all times during construction of the subdivision improvements. Acknowledged. 43. The applicant shall comply with requirements of
Provision C.3 of the NPDES Permit for Santa Clara Basin. Post-construction operation and maintenance of storm water treatment Best Management Practices (BMP’s) shall be the responsibility
of individual homeowners or Homeowner’s Association, if applicable. Stormwater Treatment Measures Maintenance Agreement between the City and homeowners or Homeowners Association shall
be executed and recorded prior to issuance of a Final Occupancy Certificate. Plan submitted. 44. Hydro-modification Management Plan to control volume and duration of the stormwater runoff
to prevent erosion of creeks shall be prepared for review and approval by the City prior to Final Map approval. Acknowledged. 45. All building and construction related activities shall
adhere to New
Extension of Tentative Map 14234 Saratoga Sunnyvale Road Application # EXT09-0002 Development and Construction -Best Management Practices as adopted by the City for the purpose of preventing
storm water pollution. Geotechnical Clearance: Acknowledged. 46. The Project Geotechnical Consultant shall review and approve all geotechnical aspects of the project construction plans
(i.e., site preparation and grading, site drainage improvements and design parameters for foundations and retaining walls) to ensure that their recommendations have been properly incorporated.
The Project Geotechnical Consultant shall specifically review and approve subsurface drainage systems around the basement walls with added attention to subsurface drainage systems and
basement waterproofing measures in units located between Saratoga Creek and the road where winter groundwater levels may rise within 5 feet of the bottom of basement slabs (Building
5) for extended periods. Such conditions will likely result in some basement dampness due to capillary moisture rise (unless waterproofing measures are entirely effective). The results
of the plan review shall be summarized by the Project Geotechnical Consultant in a letter and submitted to the City Engineer prior to issuance of permits for project construction. Acknowledged.
47. The Project Geotechnical Consultant shall inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspection shall include, but not necessarily
be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavation for retaining walls prior to the placement of steel and concrete. The results
of these inspections and the as-built conditions of the project shall be described by the geotechnical consultant in a letter and submitted to the City Engineer for review and approval
prior to final project approval. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical Consultant’s review of the project prior to Zone Clearance.
Acknowledged. 48. The owner (applicant) shall enter into agreement holding the City of Saratoga harmless from any claims or liabilities caused by or arising out of soil or slope instability,
slides, slope failure or other soil related and/or erosion related conditions.
Extension of Tentative Map 14234 Saratoga Sunnyvale Road Application # EXT09-0002 Santa Clara Valley Water District: Outfall completed. 49. The applicant shall submit a drainage improvement
plan, which includes the size of the rock slope protection proposed for the upgraded outfall design. The applicant shall be advised that the installation of an outfall into the creek
will also require permits from the State Department of Fish and Game, the Regional Water Quality Control Board and the U.S. Army Corps of Engineers. Acknowledged. 50. The applicant shall
submit a submit a landscape plan for approval to the Santa Clara Valley Water District that: a. Clearly defines the 50-foot riparian setback area and includes planting of native vegetation
and removal of non-native species within the disturbed areas of the 50-riparian setback areas previously defined in the report by H.T. Harvey & Associates; and b. Limit aggressive invasive
species to a minimum of 100 feet from the riparian corridor, or eliminate them from the plant list for or adjacent to Lots 19 and 20. c. Suggested plan materials list and tree key indicate
that two species found in the surrounding watershed, mitigation oak trees and California Toyon, are proposed for use. To prevent hybridization of the native grown species in the area.
the District suggest the propagules be grown from a watershed specific parent. If this alternative is not feasible at this time, non-native, drought tolerant, non-invasive species shall
be planted instead West Valley Sanitation District: Acknowledged. 51. The applicant shall comply with requirements of the West Valley Sanitation District for sanitary sewer service for
the 20-unit townhome project. CITY ATTORNEY Acknowledged. 52. Owner and Applicant shall indemnify, hold harmless and defend the City, its employees, agents, independent contractors and
volunteers (collectively “City”) from any and all costs and expenses, including but not limited to attorney's fees incurred by the City or held to be the liability of City in connection
with City's defense in any proceeding
Extension of Tentative Map 14234 Saratoga Sunnyvale Road Application # EXT09-0002