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HomeMy WebLinkAbout08-20-2014 Item 10 - FInal Map Appvl - Missing Attachment   City  of  Saratoga   Memorandum     To:  Saratoga  City  Council   From:  Crystal  Bothelio,  City  Clerk   Date:  August  20,  2014   Subject:  Item  10  –  Final  Map  Approval  for  Thirteen  Lots  Located  at  12250  Saratoga-­‐‑ Sunnyvale  Road         Attachment  4  to  Item  10  on  the  agenda  was  inadvertently  excluded  from  the  agenda   packet  materials.  The  attachment  is  enclosed  with  this  memo.     RESOLUTION NO. 14-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING DESIGN REVIEW (PDR13-0025), CONDITIONAL USE PERMIT (CUP13- 0005), & TENTATIVE MAP (SUB13-0005) LOCATED AT 12250 SARATOGA-SUNNYVALE ROAD (386-30-036,037,038) WHEREAS, an application was submitted by TimeSpace Invest Development, which requests Design Review approval to replace an existing commercial building with one commercial building and 12 residential townhomes, a Conditional Use Permit approval for medical office within the commercial building and mixed-use development within the Commercial-Visitor (CV) zoning district, and a Tentative Subdivision Map approval to create two commercial condominium units within a commercial building and 12 residential townhomes. The foregoing work is described as the “Project” in this Resolution; and WHEREAS, the limits of ownership, whether residential or commercial space, will be defined on the condominium plan (a part of Covenants, Conditions and Restrictions (CC&R)) that will be prepared together with the tract map and recorded concurrently for two commercial units and twelve residential townhomes; and WHEREAS, a Maintenance Association will be formed to maintain both the land and the buildings; and WHEREAS, on December 11, 2013, the Planning Commission held a duly noticed public hearing on the subject application, and considered evidence presented by City Staff, the applicant, and other interested parties; and WHEREAS, on January 2, 2014, an appeal to the City Council was filed by Bill Benevento, Jack Mallory, and Charles Ye; and WHEREAS, on February 5, 2014 and March 5, 2014, the City Council held duly noticed public hearings on the subject appeal, and considered evidence presented by City Staff, the appellants, the applicant, and other interested parties. NOW THEREFORE, the City Council of the City of Saratoga hereby finds, determines and resolves as follows: Section 1: The recitals set forth above are true and correct and incorporated herein by reference. Section 2: The project is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15332 of the Public Resources Code. Section 15332 allows “projects characterized as in-fill development meeting conditions, such as, conformance with the applicable general plan designation and all general plan policies, zoning designation, and regulations”. The project is proposing to demolish three existing single-story light industrial buildings and construct one new commercial building and twelve new residential buildings (a total of thirteen buildings), the subdivision of three parcels, all within an urbanized area, consistent with general plan, zoning designations and regulations. The project applicant has not requested any variance or exception for the proposed entitlements. Section 3: The project is consistent with the Saratoga General Plan Goals LU 2 in that the City shall encourage the economic viability of Saratoga’s existing commercial and office areas and their accessibility by residents, taking into account the impact on surrounding residential areas. Section 4: The project is consistent with the Saratoga City Code regarding Design Review findings in that the project will incorporate architectural features and landscaping that are harmonious to the existing neighborhood, in that the landscaping shall integrate water-conserving plants, materials and irrigation systems to the maximum extent feasible, in that the project will incorporate colors of wall and roofing materials to blend with the natural landscape and be non- reflective, and that the proposed development shall be compatible in terms of height, bulk and design with other structures in the immediate area. Section 5: The project is consistent with the Saratoga City Code regarding Conditional Use Permit findings in that the project location of the medical office and multi-family residential units are in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located, the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, the proposed conditional use will comply with each of the applicable provisions of Chapter 15 of the Saratoga City Code, and that the proposed conditional use will not adversely affect existing or anticipated uses in the immediate neighborhood, and will not adversely affect surrounding properties or the occupants thereof. Section 6: The project is consistent with the objectives and the principles of the Saratoga- Sunnyvale Road Gateway Design Guidelines such as allowing the incorporation of residential uses to increase diversity in Saratoga’s housing stock, preserving and protecting Saratoga’s pedestrian- friendly environment and enhancing the quality of life by encouraging Commercial activity in t he Gateway districts, and promoting and encouraging housing provisions consistent with General Plan for resident employees of the City of Saratoga businesses and service providers. Section 7: The City Council of the City of Saratoga hereby approves applications PDR13- 0025, CUP13-0005, and SUB13-0005, for the project located at 12250 Saratoga-Sunnyvale Road, as shown on the plans dated February 18, 2014 and subject to the Conditions of Approval attached hereto as Exhibit 1. Exhibit 1 CONDITIONS OF APPROVAL PDR13-0025, CUP13-0005 & SUB13-0005 12250 SARATOGA-SUNNYVALE RD. (386-30-036,037,038) CONDITIONS OF APPROVAL Acknowledged. Acknowledged. Acknowledged. Acknowledged. Resolution 14-012 Executed. A. GENERAL 1. All conditions below which are identified as permanent or for which an alternative period of time for applicability is specified shall run with the land and apply to the landowner’s successors in interest for such time period. No zoning clearance, or demolition, or grading for this project shall be issued until proof is filed with the city that a certificate of approval documenting all applicable permanent or other term-specified conditions has been recorded by the applicant with the Santa Clara County Recorder’s office in form and content satisfactory to the Community Development Director. 2. If a condition is not “Permanent” or does not have a term specified, it shall remain in effect until the issuance by the City of Saratoga of a Certificate of Occupancy or its equivalent. 3. The Owner and Applicant will be mailed a statement, after the time the Resolution granting this approval is duly executed, containing a statement of all amounts due to the City in connection with this application, including all consultant fees (collectively “processing fees”). This approval or permit shall expire sixty (60) days after the date said notice is mailed if all processing fees contained in the notice have not been paid in full. No Zoning Clearance or Demolition, Grading, or Building Permit may be issued until the processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). 4. The Project shall maintain compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdiction including, without limitation, the requirements of the Saratoga Zoning Regulations incorporated herein by this reference. 5. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and hold the City and its officers, officials, boards, commissions, employees, agents and volunteers harmless from and against: a. any and all claims, actions or proceedings to attack, set aside, void or annul any action on the subject application, or any of the proceedings, acts or determinations taken, done or made prior to said action; and b. any and all claims, demands, actions, expenses or liabilities arising from or in any manner relating to the performance of such construction, installation, alteration or grading work by the Owner and/or Applicant, Acknowledged. Acknowledged. Acknowledged. Acknowledged. Acknowledged. Acknowledged. their successors, or by any person acting on their behalf. In addition, prior to any Zoning Clearance from the Community Development Director, Owner and Applicant shall execute a separate agreement containing the details of this required Agreement to Indemnify, Hold Harmless and Defend, which shall be subject to prior approval as to form and content by the City Attorney. COMMUNITY DEVELOPMENT 6. Compliance with Plans. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans dated February 18, 2014 denominated Exhibit "A". All proposed changes to the Approved Plans must be submitted in writing with plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject to approval in accordance with Condition No. 4, above. 7. Building Division Submittal. Four (4) sets of complete construction plans shall be submitted to the Building Division. These plans shall be subject to review and approval by the City prior to issuance of Zoning Clearance. The construction plans shall, at a minimum include the following: a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A” on file with the Community Development Department and referenced in Condition No. 6 above; b. A note shall be included on the site plan stating that no construction equipment or private vehicles shall be parked or stored within the root zone of any Ordinance-protected tree on the site; c. This signed and dated Resolution printed onto separate construction plan pages; d. All additional drawings, plans, maps, reports, and/or materials required by the Building Division. 8. Lighting. Exterior lighting shall be shielded so as not to shine on adjacent properties or public right-of-way. 9. Maintenance of Construction Project Sites. Because this Design Review Approval authorizes a project which requires a Building Permit, compliance with City Code Section 16-75.050 governing maintenance of construction project sites is required. 10. Hours of Operation. The medical office shall be allowed to operate no earlier than 6:30 A.M. and no later than 8:00 P.M. 11. Intensification of Medical Use. Any expansion of the conditional uses shall require approval of an amended Conditional Use Permit. Acknowledged. Acknowledged. Acknowledged. Final Map will be recorded. Survey completed. All documents submitted. 12. Noise Levels. All noise levels will comply with Saratoga Municipal Code (SMC) Section 7-30.040 regarding noise standards and SMC Section 7- 30.060 regarding exceptions to special activities. 13. Medical Office. The uses shall at all times operate in compliance with all regulations of the City and/or other agencies having jurisdictional authority over the use pertaining to, but not limited to, health, sanitation, safety, and water quality issues. 14. Business Licenses. The applicant shall apply for and obtain approval of a Business License from the City of Saratoga prior to issuance of building permit(s) for tenant improvement(s). PUBLIC WORKS 15. Record of LLA. Prior to Building Permit issuance, any and all required documentation for the Lot Merger for 12250 Saratoga-Sunnyvale Road must be recorded with the Santa Clara County Recorder’s office. 16. Property Survey. 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. 17. Submittal Requirements. 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: 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 Fees paid. Security posted. Acknowledged. Shown on the Final Map. Will-serve letters submitted. Acknowledged. Fees paid. Acknowledged. CC&R’s submitted. resource that will facilitate the examination process as requested by the Public Works Department. 18. Map Checking Fees. 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. 19. Monuments. 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. 20. Encroachment Permit Requirement. The owner (applicant) shall obtain an Encroachment Permit from the City of Saratoga for any and all improvements in the City right-of-way or City easement prior to commencement of the work. The owner (applicant) shall replace sections of sidewalk and/or curb and gutter as determined during the Encroachment Permit issuance. 21. Dedication. 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. 22. Utilities. 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. 23. Permits. 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 the Public Works Department. 24. Park and Recreation Fee. The owner (applicant) shall pay the applicable Park and Recreation Development fees prior to Final Map approval. 25. Best Management Practices. 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. 26. Owner’s Association. Prior to Final Map approval, the owner/applicant shall be required to create and establish an owner’s association or other Improvement Plans approved. Fees paid. Subdivision Improvement Agreement signed. Securities posted. Proof of insurance submitted. Shown on Improvement Plans. Acknowledged. entity which will be in charge of operation and maintenance of the project in perpetuity. Furthermore, the owner/applicant will be required to submit proof, acceptable to the City of Saratoga, that such entity has been established. 27. Engineered Improvement Plan. The owner (applicant) shall submit engineered improvement plans to the City Engineer 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 City Engineer and the appropriate officials from other public agencies having jurisdictional authority, including public and private utility providers, prior to approval of the Final Map. 28. Subdivision Improvement Plan Fee. 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. 29. Improvement Agreement. 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. 30. Improvement Securities. 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. 31. Indemnification. 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. 32. Stormwater Treatment. The owner/applicant shall provide the Director of Public Works with a plan describing how owner/applicant will implement all BMPs and other measures required to reduce the stormwater runoff impacts of the project, as described in and required by the City's NPDES Municipal Regional Stormwater Permit, Order R2-2009-0074. The measures included in this plan shall include, but are not limited to, construction site control measures, plans for storm drain stenciling, and landscaping measures. This plan must be approved by the Director of Public Works. Prior to final map approval, the owner/applicant shall implement the plan, including paying City any fees for reviewing the plan, inspection and reporting. 33. Landscape / Lighting District. The Property is included in existing Landscape and Lighting Assessment District No. 1. The cost of providing for the maintenance of any landscaped stormwater treatment systems or hydro modification controls developed on the property will be included in the assessment amount. SWPPP submitted and NOI filed. 34. NPDES Permit. Prior to beginning of construction, the applicant shall file a Notice of Intent (NOI) with the Regional Water Quality Control Board, if required, to obtain coverage under the State General Construction Activity NPDES Permit. Satisfactory evidence of the filing of the NOI shall be furnished to the City. 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 prior to beginning of construction and maintained on site at all times during construction.