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HomeMy WebLinkAboutCity Council Resolution 2218 RESOLUTION NO. 2218 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA MODIFYING A DECISION OF THE PLANNING COMMISSION AND MAKING OTHER DETERMINATIONS PERTAINING TO THE CONDITIONS FOR FINAL MAP APPROVAL FOR SD 1355 WHEREAS, TEERLINK RANCH, LTD., a limited partnership ("the Applicant") is the present owner of that certain real property designated as Tract 6781, commonly known as the Teerlink Ranch (the "Subject Property"); and WHEREAS, on or about March 14, ]979, the City of Saratoga granted tentative map approval for application No. SD 1355, and as part of such approval, certain conditions were imposed to be satisfied prior to recordation of the final subdivision map; and WHEREAS, the Applicant has requested that some of the conditions for final map approval be clarified or. modified, and such request was considered by the Planning Commission at its study session on December 18, 1984, and its regular meeting on January 4, 1985, at which time the Commission approved in part and denied in part the clarifications or modifications as requested by the Applicant; and WHEREAS, the Applicant has appealed the decision of the Planning Commission to the City Council, and has further requested the Council to consider and determine other questions regarding the final map approval which arose subsequent to the decision by the Planning Commission; and WHEREAS, on February 6, 1985, and February 20, 1985, the City Council conducted a de novo hearing on the appeal, at which time any person interested in the matter was given an opportunity to be heard; and WHEREAS, the City Council reviewed and considered the staff reports, minutes of proceedings conducted by the Planning Commission relating to said request, and the written and oral evidence presented to the City Council at the time of the hearing, NOW, THEREtoORE, the City Council of the City of Saratoga, at its regular meetings on February 6, 1985, and February 20, 1985, did resolve as follows: 1. Pierce Road shall be widened in a uniform manner so as to avoid abrupt changes in width and the need for retaining walls or guard rails, unless required for safety. The exact location of the road widening shall be determined by the Director of Community Development, consistent with the directive from the Council. 2. The open space easement areas shall remain free of any structures or other improvements. 3. Undergrounding of utilities on Pierce Road shall not be required, but the Applicant shall move the utility pole from the Subject Property to across the street and shall execute a deferred improvement agreement wherein the Applicant shall participate in any subsequent project for undergrounding of utilities along Pierce -1- Road and pay its proportionate share of the cost. 4. The utilities on Mt. Eden Road shall be undergrounded from Pierce Road to the property line separating the Subject Property from the land owned by Ty Teerlink. 5. Curbs and gutters shall be required on Mt. Eden Road, but the roadway ~nay be realigned within the right of way so as to avoid or mitigate grading of the hillside and removal of trees. The exact design of the road shall be subject to approval by the Director of Community Development. 6. The Applicant shah pay to the City the amount that would have been paid by the Applicant to install the 60" culvert under Mt. Eden Road as part of its subdivision improvements. Such amount shall be determined by independent bids for the work (to include overhead and profit), subject to approval by the Director of Community Development. 7. The surcharge added to the plan check fees shall be waived, without prejudice to any action the City may take against the former developer responsible for payment of such fees. 8. Plan check, inspection and building permit fees for the bridge to be constructed by the Applicant at the Pierce Road crossing of Calabazas Creek shall be waived. 9. The parcel designated on the tentative map as "Parcel A" shall irrevocably be offered for dedication to the City, for use by the Saratoga Fire District if required by such District for the construction of a facility thereon. In the event such parcel is conveyed to Ty Teerlink, or his successor in interest, the parcel shall remain subject to the offer of dedication, and unless and until such offer is abandoned at the request of the Saratoga Fire District, Parcel A shah not be included in any calculation of site area of the property owned by Ty Teerlink or his successors. 10. The request for an indemnity agreement to be executed by Ty Teerlink concerning drainage over his land of water originating from the Subject Property is withdrawn, without prejudice to any requirements the City may impose with respect to drainage improvments in the event Ty Teerlink should later apply to the City for any permit or approval relating to the use or development of his property. The above and foregoing resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 6th day of March, 1985, by the following vote: AYES: Couriers Callca, Clevenger, Hlava, Moyles and Mayor Fanelli NOES: Ncae ' ~ MAYOR ATTEST: CITY CLERK -2-