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Home My WebLink About07-21-1999 Agenda Item 4B (6)SARATOC'rA CITY COUNCII, EXECUTIVE SUIVIMARY NO. ~ ~ AGENDA ITEM MEETING DATE: JULY 21,1999 ORIGINATING DEPT.: PUBLIC WORKS CITY MGR: DEPT. HEAD: ~~,., (~,,~ SUBJECT: Final Map Approval for two lots located at 15081 Pepper Lane, Owner: Howell & McNeil Development, LLC Recommendgd Motion(sl: 1. Move to adopt Resolution No. SD 99-002 granting final map approval of Tentative Map Application No. SD 99-002 for two lots located at 15081 Pepper Lane. Rec-ort Summary: Attached is Resolution No. SD 99-002 which, if adapted, will grant final map approval for two lots located at 15081 Pepper Lane. 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 99-002, have been completed or will be completed concurrent with development of the two 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 $1,493.75 in Engineering Fees and $9,315 in Park Development Fees required for this subdivision. Follow Un Actions: The signed map will be released to the subdivider's Title Company for recordation along with recording instructions. Consequences of Not Acting an 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. Site Map. 2. Tract Map. 3. Resolution No. SD 99-002 granting final map approval. 4. Planning Commission Resolution No. SD 99-002 approving the tentative map with conditions. SITE MAP Applicant NoJLocation: SD-99-002; 15081 Pepper Lane AppGcant/Owner: RAMSDELL (HOWELL & MCNEIL DEVELOPMEN'1~ Staff Planner: Erik J. Pearson, Assistant Planner ~~~ Date: May 12, 1999 APN: 510-01-023 Department Head: ` ~~I// ~ •~ ~ °,~ nl~ I I~ '~o +i g L ~py Q '3 _~ m ~; ~o O t~si 2 --. 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SD 99-002 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE FINAL MAP OF SD 99-002 15081 Pepper Lane (Howell & McNeil Development, LLC) The City Council of the City of Saratoga hereby resolves as follows: SECTION l: Two parcels as shown on that certain Parcel Map prepared by Dunbar and Craig, Inc., dated June, 1999, and filed with the City Clerk of the City of Saratoga on July 21, 1999, are approved as TWO (2) 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 service 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 day of 19 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk ~~~~ 0~ ~ ~ ~ ~0~~ 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 868-1?00 Incorporated October 22, 1956 May 7, 1999 Harriet R. Ramsdell Living Trust 15081 Pepper Lane Saratoga, CA 95070 COUNCn. MEMBERS: Evan Baker Stan Bogosran John Meha!ley Jim Snaw Nick Streit Section I Your application regarding SD-99-002 has been placed on the Agenda for the Planning Commission meeting scheduled for May 12, 1999 at 7:30 p.m. in the City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California 95070. Section II (To be completed and mailed to the applicant following scheduled meeting) Date: May 14, 1999 Your application was presented to the Planning Commission on the above date and was: X Approved. Enclosed is(are) Resolution(s): SD-99-002 Approved. Staff was directed to prepare a Resolution of Approval for adoption on . The public hearing has been closed and no further public testimony will be received. Denied. If you wish to appeal this decision, you may file an "Appeal Application" with the City Clerk within fifteen (15) calendar days of the date of the decision. You must resubmit eight (8) sets of 11 x 17 plans. Continued to: Additional comments: X Agents to receive a copy of this letter: Howell & McNeil Development, LLC 125 Glen Ridge Avenue Los Gatos, CA 95030 Co unity Development Dep ment Pnntetl on recycletl paper RESOLUTION NO. SD-99-002 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Ramsdell; 15081 Pepper Lane WHEREAS, application has been made to the Advisory Agency under the Subdivision Map Act of the State of California and under the Subdivision Ordinance of the City of Saratoga, for Tentative Parcel Map approval of two (2) lots, all as more particularly set forth in File No. SD-99-002 of this City; and WHEREAS, this Advisory Agency hereby fmds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the Saratoga General Plan and with all specific plans relating thereto; and the proposed subdivision and land use are compatible with the objectives, policies and general land use and programs specified in such General Plan, reference to the staff report dated May 12, 1999 being hereby made for further particulars; and WHEREAS, none of the conditions set forth in Subsections (a) through (g) of Government Code Section 66474 exist with respect to said subdivision, and tentative approval should be granted in accord with conditions as hereinafter set forth; and WHEREAS, the Planning Commission has conducted a duly noticed public heazing at which time all interested parties were given a full opportunity to be heazd and to present evidence. NOW, THEREFORE, BE I7' RESOLVED that the Tentative Parcel Map for the hereinafter described subdivision, which map is dated April 1999 and is marked Exhibit "A" in the herein above referred file, be and the same is hereby conditionally approved. The conditions of said approval are as follows: 1. 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 Accomplished . 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 Att. 2. 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 ]4- Map submitted. 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) 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 documentldeed referenced on the Final Map. e) One copy of any other map, document, deed, easement or other resource that will facilitate the examination process as requested by the City Engineer. r. -~.. File No. SD-99-002;15081 Pepper Lane 3. The owner (applicant) shall pay a Map Checking fee, as determined by the City Engineer, at the Fee paid . time of submittal of the Final Map for examination. 4. The owner (applicant) shall provide Irrevocable Offers of Dedication for all required easements Provided . and/or rights-of--way on the Final Map, in substantial conformance with the approved Vesting Tentative Map, prior to Final Map approval. 5. Prior to Final Map approval the driveway access at the intersection of Pepper Lane/Park Completed . Drive/Saratoga-Los Gatos Road shall be eliminated from Parcel A. Landscaping or other approved improvements shall be placed along the driveway access to prevent further usage. Any applicable tree protection measwes shall be in place prior to installation of said landscaping or improvements. 6. The owner (applicant) shall famish a written indemnity agreement and proof of insurance Proof Of insurence coverage, in accordance with Section 14-05.050 of the Municipal Code, prior to Final Map provided. approval. 7. Prior to Final Map approval, the owner (applicant) shall furnish the City Engineer with Accomplished . satisfactory written commitments from all public and private utility providers serving the subdivision guazanteeing the completion of all required utility improvements to serve the subdivision. Acknowled ed 8. 'The owner (applicant) shall secure all necessary permits from the City and any other public g . 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. Fee paid . 9. The owner (applicant) shall pay the applicable Pazk and Recreation fee prior to Final Map approval. 10. All building and construction related activities shall adhere to New Development and Acknowledged . Construction -Best Management Practices as adopted by the City for the purpose of preventing storm water pollution. ACknOW ledged . 1 I . Any demolition of or addition to the residence on Parcel A shall be reviewed by the City's Heritage Preservation Commission. AckTIlOwledged . 12. Due to the Planning Commission's desire to preserve the historic residence on Parcel A, any proposed demolition of the residence on Parcel A shall be reviewed by the Planning Commission. Acknowledged 13. All requirements of the West Valley Sanitation District, Santa Clara County Department of . Environmental Health, the Santa Clara County Fire Department, and San Jose Water Company shall be met. Acknowledged . 14. Future development of the lots shall maximize tree preservation. File No. SD-99-002; 15081 Pepper Lane 15. No grading or building pad improvement work shall take place on the individual lots until Design Review applications have been reviewed and approved by the Community Development Acknowledged . Department and/or the Planning Commission. 16. No ordinance protected trees shall be removed without a tree removal permit until Design Review Acknowledged . applications are approved. 17. Design Review applications for either lot shall include plans showing locations of all utilities and Acknowledged. utility lines. 18. Design Review applications for either lot shall include a landscape plan. The landscape plan shall be submitted along with construction plans to the City Arborist for review. Acknowledged. 19. Any Design Review application for Parcel B shall not be approved unless it is found to be Acknowledged . compatible with the existing residence on Parcel A. 20. Pursuant to the City Arborist's report dated March 16, 1999, all tree preservation requirements shall Acknowledged . be adhered to. 21. Subdivision construction hours shall be restricted between 7:30 a.m. and 6:00 p.m., Monday Acknowledged . through Friday, except ;n the event of an emergency which imperils the public safety. The City Engineer may grant an exemption upon hisJher determination of an emergency. No construction work shall be permitted on legal holidays. 22. The owner (applicant) shall, upon the City's request, defend, indemnify and hold the City and its Acknowledged , officers, officials, boards, commissions, employees and volunteers harmless from and against any claim, action or proceeding to attack, set aside, void or annul this approval, or any of the proceedings, acts or determinations taken, done or made prior to such approval, which is brought within the time specified in Sec. 14-85.060 of the Municipal Code. If a defense is requested, the City shall give prompt notice to the applicant of any such claim, action or proceeding, and shall cooperate fully in the defense thereof. Nothing herein shall prevent the City from participating in the defense, but in such event, the City shall pay its own attorney's fees and costs. 23. Noncompliance with any of the conditions of this permit shall constitute a violation of the permit. Acknowledged . Because it is impossible to estimate damages the City could incur due to the violation, liquidated damages of $250 shall be payable to this City per each day of the violation. Section 1. Conditions must be completed within twenty-four (24) months or approval will expire. Section 2. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 3. 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. File No. SD-99-002; 15081 Pepper Lane PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 12'" day of May, 1999, by the following vote: AYES: Commissioners Jackman, Kurasch, Page, Patrick, Waltonsmith and Chair Bernald NOES: None ABSENT: Commissioner Roupe Chair, Pl g mmission ATTEST: t ~ Sere y, P1 n Commission