HomeMy WebLinkAboutCity Council Resolution 91-40 RESOLUTION NO. 91 ~40
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
UPHOLDING AND MODIFYING A DECISION OF THE
PLANNING COMMISSION
SD-90-007-PERRY & JONES DEVELOPMENT
WHEREAS, Perry & Jones Development, the applicant, has
applied to the City of Saratoga for Tentative Map Approval of
three lots, all as more particularly set forth in File Number SD-
90-007 of the City; and
WHEREAS, on February 27, 1991, the Planning Commission of
the City of Saratoga conducted a public hearing on said
application, and following the conclusion thereof, the Planning
Commission approved the application; and
WHEREAS, the Ravenwood Drive Neighborhood Association has
appealed the decision of the Planning Commission to the City
Council; and
WHEREAS, on April 3, 1991, April 17, 1991, April 23, 1991,
and May 1, 1991, the City Council conducted a de novo public
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 application, and the written and oral
evidence presented to the City Council in support of and in
opposition to the appeal;
NOW, THEREFORE, be it resolved by the City Council of the
City of Saratoga as follows:
1. The appeal from the Planning Commission is hereby
granted in part and hereby denied in part and the decision of the
Planning Commission is upheld in part and modified in part, to
wit:
(a) If all three of the lots are developed for single
family residential purposes, the conditions of approval
contained in Resolution No. SD-90-007 are modified as
follows:
(i) Condition #13 shall read:
Applicant shall enter into an agreement with the
City providing that all required public and
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private improvements shall be installed and
accepted by the City prior to Final Map approval.
(ii) Condition #19 shall read:
Future home construction shall be limited to
single story residences not to exceed 16 feet in
height measured from the center line of Ravenwood
Drive and 3,000 sq. feet in gross floor area, and
subject to Planning Commission approval. The
3,000 sq. foot limit shall only apply to initial
construction and shall expire two years from the
time of final occupancy approval. Any future
square footage expansion would be subject to the
same regulations as are applicable to the adjacent
properties at the time of proposed expansion. In
accordance with Section 15-45.080 of the City
code, future construction shall be compatible with
the immediate neighborhood by employing similar
roof pitches, exterior building materials and the
architectural details found in the existing ranch
style neighborhood.
(iii) Condition #20 shall read:
Landscape plans shall be submitted for each lot
with the house plans and shall be reviewed and
approved by the Planning Commission. All
landscaping shall be installed prior to final
occupancy as each lot is developed.
(iv) Condition #21 read:
The future home on Lot "A" shall be located in
accordance with the City arborist's recommendation
to eliminate any potential impact on the 31" oak
tree located in the front yard and the grove of
redwood trees located in the rear yard. The home
shall not be located to detract from the visual
prominence of the oak tree as viewed from
Ravenwood Drive.
(v) Condition #23 shall read:
Standard driveway approaches shall not exceed 18
feet in width and shall be comprised of asphalt or
other dark paving material, or a permeable
material as recommended by the City arborist. No
structure or paved area shall be within 10 feet of
any oak trunk or within 8 feet of any other tree
trunk.
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(vi) Condition #27 shall read:
No site grading shall be undertaken until
individual house plans have been approved by the
Planning Commission. In no event shall any
grading permit be issued for any of the parcels
until the City Arborist verifies in written
correspondence that the tree preservation measures
have been satisfactorily implemented; with the
exception of grading necessary to the removal of
the existing structures as required by condition
(vii) Condition #30 is hereby added to read:
The existing fence shall be repaired in its
current location prior to issuance of a building
permit for Lot "A" to provide a solid barrier
between Lot A and northerly neighbors. The
applicant shall employ dust control measures at
all times during construction by using a non-
potable water blanket.
(viii) Upon approval of the tentative map the City
Arborist report on tree preservation and
maintenance shall be updated and continually
implemented by the applicant.
(b) If one of the three lots created by this Tentative Map
is acquired in fee by the City for open space/park
purposes pursuant to its exercise of its option more
fully described in Section 3 herein, there would be a
substantial reduction in intensity of use, building
bulk, mass and height, and traffic and parking
congestion. These reductions, resulting in only two of
the three lots being developed for single family
residential use justify the following modifications:
(i) Condition #13 shall read:
Applicant shall enter into an improvement agree-
ment with the City, in a form approved by the City
Attorney, guaranteeing that all required public
and private improvements shall be completed within
one (1) year of receipt from City of Final Map
approval. The amount of security guaranteeing the
improvements shall be determined by the City
Engineer.
(ii) Condition #19 shall read:
Future home construction shall be limited to
single story residences not to exceed lS feet in
height as measured from the center line of
Ravenwood Drive, and 3500 sq. feet in gross floor
area, and subject to Planning Commission approval.
The 3500 sq. foot limit shall only apply to
initial construction and shall expire two years
from the time of final occupancy approval. In
accordance with Section 15-45,080 of the City
code, future construction shall be compatible with
the immediate neighborhood by employing similar
roof pitches, exterior building materials and the
architectural details found in the existing ranch
style neighborhood.
(iii) Condition #20 shall read:
Landscape plans shall be submitted for each lot
with the house plans and shall be reviewed and
approved by the Planning Commission. All
landscaping shall be installed prior to final
occupancy as each lot is developed.
(iv) Condition #21 shall read:
Future home construction and driveway placement
shall be confined within the envelope identified
on the site development. Provided, however, if
Lot A is acquired by the City for open space/park
purposes, the front yard setback for Lots B and C
shall be 45 feet.
(v) Condition #22 shall read:
Home construction may include three car garages if
one space is a tandem space.
(vi) Condition #23 shall read:
Standard driveway approaches shall not exceed 18
feet in width and shall be comprised of asphalt or
other dark material paving or permeable material
as recommended by the City~s arborist. No
structure or paved area shall be within 10 feet of
any oak trunk or within 8 feet of any other tree
trunk.
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(Vii) Condition #30 is hereby added to read:
If Lot A is developed with a single family
residence, the existing fence shall be repaired in
its current location prior to issuance of a
building permit for Lot A to provide a solid
barrier between Lot A and northerly neighbors.
The applicant shall employ dust control measures
at all times during construction by using a non-
potable water blanket.
2. Applicant waives its right as a property owner for
itself and on behalf of all future owners of the three lots, to
protest the formation of or annexation to a landscape and
lighting district which includes within its boundaries any or all
of the three lots created by this subdivision.
3. Applicant hereby grants to the City of Saratoga an
option to purchase either Lot A or Lot B of the three lot
subdivision at any time City may elect before December 31, 1991
or six months after the recordation of a final map for the three
lot subdivision, whichever shall occur later, at a total purchase
price of $250,000 for Lot A and a total purchase price of
$330,000 for Lot B (hereinafter referred to in combinations as
"property") In the event of the exercise of this option as
herein provided, Applicant agree to convey the property to City
by grant deed free and clear of all encumbrances except taxes and
assessments. Applicant shall protect and defend City and the
property against foreclosure or loss by reason of any
encumbrances created by or through Applicant.
Whenever City shall desire to exercise this option, it shall
give Applicant written notice thereof. Applicant shall within
reasonable time after receipt of such notice deliver, or cause to
be delivered, to City a preliminary title report. Defects in
title, if any, shown by such report shall be remediated by
Applicant within 45 days of notice to him of such defects, and he
shall deliver to City at the time of closing an owner's policy of
title insurance (unless waived by City) in the amount of the
purchase price subject only to any exceptions and reservations
herein mentioned. The purchase shall in any event be completed
by conveyance of the property and payment of the purchase price
within 90 days from the delivery of notice of intent to exercise
this option.
4. Except as modified herein, all of the Conditions of
Approval as contained in Resolution No. SD-90-007, adopted by the
Planning Commission on February 27, 1991, shall remain in full
force and effect.
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Passed and adopted at a regular meeting of the City Council
of the City of Saratoga held on the 1st day of May, 1991, by the
following vote:
AYES: Councilmembers Anderson, Clevenger, Kohl er, Moni a, and Mayor Stutzman
NOES: None
ABSENT: None
ABSTAIN: None
Mayor
Attest:
Deputy City Clerk
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