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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: IZ 141 CI) z4o(c161 36(e -I2 -vs •I SEA GUL► ;r. -tQ.11 . • 11150 O 38L•? -e4 042 (Il) (16 036 0422 20401 0364 20980 12400Cl 12416( 66.12 -66 I111t nl 386-2 25 386.25 3842 !(1. 6-10- 31.6 -2o -O ❑�11'1� p 05 o1. o7 08 a1. 10 N 1242'iC11) 12378 CA) 386- 25 - 133 CZ7) K -to -IZ i2474C21) 2o390C281 osYl Zo35 366• -zo -oa Q..'11 3R6 =5-09 �O SS 94 12445 C1b) 31.&-20-13 1 2037 143aCal) 0 • 144 -so -o7 D sec- zs -/al 386 -29- 10) �4 to AVI 12467415) W -25 - s &( -26 -14 (8) 386411 20744 cam) 20;91 20577 ~ ., N ;0315 38(..25- 20199 (23) 424) _ p `9) f) IZ 384+5 12471 (14) !4b•z 3" -lo :f20523 N 3�1 13 9 3&dr•to /3 � 04 05 20549 � . . 0319 1° (L) 1141(1 - Ze367 1=487(1 W MANOR DR. 1.s-io•r6 a 3 b = 20590 20S7b zoos2 2oGit 20424 2or,12 (11) 1Y410 Zo3 (+ C6) CS) C4) C� (2f (I) r .qo3 II 12499(1 346 -2e- 144-6-20 3(.46- 5 3640 6 7 2 38 1114 (IC) v`0' J (,-ES- a 11 164 -20 -17 �� J1� � ,,,0 18456 1a9�1 Itg1'1 �J 11 1290o C7) (11) 12530( /r) P' -7o- 12 2054/ 20504 Vq) (111. 1$4%6 1B 366- 2n -s5 z 12V11 (111 z�qi (2 514 ' Ca) (ZVI E'" 11ME9 l" Izsz9 (2520 -3031 30540 GORDON Izsl; I,SIO 203(.0 C /o) C9) (iq1 966-=0-19 -2o.20. 3G6 20515 CT. ; (301 (jp1 (9) OC (>11 to)85 a 1� 0 tWl Q Ii416 3 7 3'19 I (11 W ItS1S I CT. E0 f (111 1311 l9) ,� E +-0351 - Q 1 ? (+5366- 4 -133� o CLAR%G J 1 S J 11531 3� (�i 2063 or.1 3060 206 0570 30554 097 20510 � (li) m e � 3 `•1 412) (11 (8) Cq) (lo) (11) (12) 741. -1i• 11510 7 W) Oi.y,R I. -1 1641 366-15 346-1 366 a(eb-1! •1 3a 13 (!il � 3 1 2� f `C C /31 Qb 47 28 ' z9 30 91 i2 O '15*4 (161 12SM1 W 12) 5 (1) G as - (13) (151 z 11t lase, �`°( �.,� 1 3L � / O e1.•. � ryyk �� 12534(4) 155 X141 13'1) OO ! V7 (67 CAI 1161 QC 8 29 'ZS 67(2) 12 1 It 12ary(/6) 366 13- ! 26 417 (311 12600 &5 1� cis) 881.'36- O 366 -13-44 •I 12541. (g (2 (!11 436) 12613 �o 3K;1+� -K �; 3 111ry0 06 ?6 866 -36 Q► C2) 366-13-.6 " (3t) V'#-- /o J 12,41 3611 2598(6) 7 1461 .� *� 66 � ! 2 464 .63 C'T 11111 96 -e4- -1l-4 131) W (41x1 C4) 03 1241.+(4 2612(6) . 2&7.7 �Q 12,46 0 V 344.13-43 12590(9) (2.6613 J 4'36- 386 -74 -04 126 12721 1172' 6 W 1x689 59 31otc 1�-3a (M5 12499 �( <S) 86 •!� 12706 4 13 H l9'� 5&-36— s 364-36-0 Ilju7 11731 . Cq C4 t3) t2 Cn ° , 1,06514/! >�) 1e01a 1.41 (M) 364 -13- p'r 2Gif 29 �ASir Zo tCr79 ZoSl7 &b- 1)'J6418 '17 66-13 364 -1i- o� 08 07 O• OS o4 O) oz. 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: ��. 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