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HomeMy WebLinkAboutCity Council Resolution 12-046 Denying Appeal - 14584 Horseshoe DriveRESOLUTION NO. 12-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENYING AN APPEAL; THEREBY AFFIRMING THE PLANNING COMMISSION'S APPROVAL OF TENTATIVE SUBDIVISION MAP (SUB11-0002) LOCATED AT 14584 HORSESHOE DRIVE WHEREAS, on October 19, 2011, an application was submitted by Kevin Huesby, requesting tentative map approval for a subdivision of an existing 44,584 square foot site into two parcels; parcel A would be 24,133 square feet and Parcel B would be 20,151 square feet. The property is located within the R-1-20,000 Zoning District (APN 397-20-029). The foregoing work is described as the "Project" in this Resolution; and WHEREAS, the project is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant to section 15315 (Minor Land Divisions) because the project is 1) dividing property in an urbanized area that is zoned for residential use into four or fewer parcels, 2) the project is in conformance with the General Plan and Zoning Ordinance, 3) no variances or exceptions are required, 4) all services and access to the proposed parcels to local standards are available, 5) the parcel was not involved in a division of a larger parcel within the previous two years, and 6) the parcel does not have an average slope greater that 20 percent; and WHEREAS, on May 9, 2012, following a duly noticed public hearing at which time all interested parties were given a full opportunity to be heard and present evidence, the City of Saratoga Planning Commission approved an application for Tentative Subdivision Map (SUB 11-0002); and WHEREAS, on May 22, 2012 an appeal of the Planning Commission decision was filed by the appellants Elizabeth and John Clark; and WHEREAS, on July 18, 2012, the City Council held a duly noticed public hearing to consider the appeal at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the City Council of the City of Saratoga has considered the appeal and all testimony and other evidence submitted in connection therewith. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Saratoga hereby: I. Denies the appeal and affirms the Planning Commission's approval of the Subdivision application as consistent with the findings provided in the Planning Commission Staff Report, dated May 9, 2012 and the attached Conditions of Approval (Exhibit 1). PASSED AND ADOPTED by the City Council of Saratoga, State of California, on this 18th day of July, 2012 by the following roll call vote: AYES: Council Member Manny Cappello, Emily Lo, Howard Miller, Vice Mayor Jill Hunter, Mayor Chuck Page NOES: None ABSENT: None ABSTAIN: None ATTEST: uc : Page, Mayor DATE: 1 I), to /-7,0 (i CrystiJMorrow, City Clerk EXHIBIT 1 RECOMMENDED CONDITIONS OF APPROVAL SUB 11-0002 LOCATED AT 14584 HORSESHOE LANE 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, 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 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. Conditions may be modified only by the Planning Commission unless modification is expressly otherwise allowed by the City Code including but not limited to Sections 15-80.120 and/or 16-05.035, as applicable. 4. The City shall mail to the Owner and Applicant a notice in writing, on or 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 Community Development Director certifies that all processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). 5. 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. 6. 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, 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. B. COMMUNITY DEVELOPMENT 7. An application for Design Review shall be submitted for any proposed single-family homes to be constructed on Parcel B. 8. The applicant shall submit for an Arborist Review for any future Design Review application that includes proposed removals of any ordinance sized trees per Saratoga Municipal Section 15-50. 9. The Tentative Parcel Map will expire within twenty-four (24) months unless a Final Map is approved. C. WEST VALLEY SANITATION DISTRICT 10. The developer is required to pay all applicable fees prior to the recordation of the Final Map. The fees will be determined upon submittal of the improvement plan District approval will be in the form of sewer connection permits after payment of fees. Construction of the sewer line for Parcel B will require a private sewer easement for connecting to the sewer line in Horseshoe Drive. D. PUBLIC WORKS DEPARTMENT 11. 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. 12. 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 City Engineer 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. 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. Each map referenced on the Final Map. d. Each document/deed referenced on the Final Map. e. Any other map, document, deed, easement or other resource that will facilitate the examination process as requested by the City Engineer. f. Approved Tentative Map. 13. The owner (applicant) shall pay a Map Checking fee and deposit at the time of submittal of the Final Map for examination. 14. 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 City Engineer shall be furnished prior to Final Map approval, to guarantee the setting of interior monuments. 15. 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. 16. The owner (applicant) shall install missing sections of the storm drain swale along Horseshoe Court subdivision frontage to divert storm water to existing drain inlet. The new driveway approach from Horseshoe Court shall conform to swale on both sides to allow for storm water to flow across the driveway. 17. The owner (applicant) shall video inspect the existing storm drain pipe under Horseshoe Court and submit the video to Public Works Department for review prior to Final Map approval. Based on the condition of the storm drain pipe, the applicant will be required to clean, repair or replace the pipe, if needed. A grate shall be installed on the drainage pipe that passes under Horseshoe Court to prevent debris and vegetation from clogging the pipe. 18. The owner (applicant) shall exercise due care to avoid damage to existing roadway (whether public or private) improvements or facilities, utility facilities, adjacent property, and roadside trees and shrubbery that are not to be removed. Additionally, the owner (applicant) shall provide pre -construction color photographs documenting the current condition of public and private streets along the subdivision including surrounding areas prior to issuance of a building permit. Each photograph shall be marked to indicate the date and the location where the photograph was taken. The owner (applicant) shall provide a sufficient number of photographs to show the condition of the roads and road right-of-way satisfactory to the Public Works Director. The owner (applicant) shall provide the same style and number of photographs again after completion of the construction. 19. If existing roadway (whether public or private) improvements or facilities, utility facilities, adjacent property, and roadside trees and shrubbery are damaged by reason of the owner's (applicant's) operation, they shall be replaced or restored at the owner's (applicant's) expense prior to Final Occupancy issuance. 20. The owner (applicant) shall submit Site Plan and Grading and Drainage Plan to Public Works Department for review and approval prior issuance of a building permit. The new swale, all new driveways, condition of existing storm drain pipe shall be included on these plans. 21. The owner (applicant) shall obtain an encroachment permit form Public Works Department for any and all improvements in any City right-of-way or City easement prior to issuance of a building permit. 22. 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. 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 commencement of subdivision improvement construction. Copies of permits other than those issued by the City shall be provided to City Engineer. 24. The owner (applicant) shall pay the applicable Park and Recreation fee prior to Final Map approval. 25. The owner (applicant) shall comply with requirements of Provision C.3 of National Pollutant Discharge Elimination System Permit (NPDES) and State Construction General Permit (CGP). The applicant shall use and maintain Best Management Practices (BMP's) for site design and storm water treatment. All work shall also be in compliance with all other applicable Federal, State, and local laws and regulations. 26. 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. E. PACIFIC GAS & ELECTRIC 27. The applicant shall coordinate with PG&E early in the development of the project to promote safe and reliable maintenance and operation of existing utility facilities. Any proposed development plans shall provide for unrestricted utility access and prevent interference with PG&E easements. 28. The installation of new gas and electric facilities and/or the relocation of existing PG&E facilities will be performed in accordance with common law or Rules and Tariffs as authorized by the California Public Utilities Commission. F. CITY ATTORNEY 29. Owner and Applicant agree to hold City harmless from all costs and expenses, including attorney's 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 G. FIRE SAFETY OR FIRE AGENCY REQUIREMENTS 30. Fire Agency Conditions. Applicant shall comply with all Fire Agency conditions.