HomeMy WebLinkAboutCity Council Resolution 93-003
RESOLUTION NO. 93 - 003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA GRANTING AN APPEAL FROM A DECISION
OF THE PLANNING COMMISSION 80-92-007 AND V-92-012-BEHEL;
20241 HERRIMAN AVENUE
RBSOLVED, by the City council of the City of Saratoga,
California as follows:
WBBRIAB, Norma Behel, the applicant, has made application
under the SUbdivision Map Act of the State of California and
under the SUbdivision Ordinance of the City of Saratoga, for
tentative map "APproval of two lots; and for a variance approval
to allow the creation of two parcels with 82-foot lot widths in
an R1-10000 Zone District which prescribes a minimum lot width of
85 feet; and
WBBRBAS, on November 10, 1992, the Planning Commission of
the City of Saratoga held a dUly-noticed public hearing on said
application at which time all interested parties were given a
full opportunity to be heard and to present evidence and
following the conclusion thereof the Planning Commission, voted
to approve the tentative map and the variance; and
WBBRBAS, applicant has appealed the approval by the Planning
commission to the City Council for the specific purpose of
appealing a condition of approval of the tentative map and the
variance, limiting development on the newly-created vacant parcel
to a 2400 square foot, single story structure, not to exceed 20
feet in height; and
WHEREAS, on December 16, 1992, the City Council conducted a
de novo public hearing on the Appeal at which time any person
interested in the matter was given à full opportunity to be
heard; and ..
WHBRBAS, the City Council reviewed and considered the staff
report, minutes of proceedings conducted by the Planning
Commission relating to the application, and the written and oral
evidence presented to the City Council in support of and in
opposition to the appeal.
BOW, 'rBBRB:rORB, be it resolved ))y the city council of the
City of saratoga as follows:
1. By unanimous vote of the City Council approving the
tentative map for a two lot subdivision, with deletion of the
condition of approval limiting development on the newly-created
vacant parcel to a 2400 square foot, single-story structure, not
1
to exceed 20 feet in height, the appeal from the Planning
Commission is hereby granted, to wit: the applicant has met the
burden of proof required to support the application for the
tentative map and the following findings have been determined:
a. The proposed subdivision, together with the
provisions for its design and improvement, is consistent with the
Saratoga General and with all specific plans relating thereto,
and the proposed subdivision and land use is compatible with the
objections, policies and general land use and programs specified
in such general plan;
b. The City Council has heretofore received and
considered the categorical exemption for this projection in
accordance with the currently applicable provisions of CEQA¡
"""~...
c. None of the conditions set forth in Government Code
sections 66474(a)-(g) and 66474.6 exist with respect to said
subdivision.
2. After careful consideration of the site plan,
architectural drawings, plans and other exhibits submitted in
connection with this matter, the application of Behel for
tentative map approval be and the same is hereby granted subject
to the following conditions:
a. 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 locations,
either found or set. The submitted map shall also show monuments
set at each ne corner locatiòn, angle pint, or as directed by the
City Engineer, all in conformity'with the Subdivision Map Act and
the Professional Land Surveyors Act.
..
b. The owner (applicant)" shall submit four (4) copies
of a Final Map in substantial conformattce with the approved
Tentative Map, along with the additional documents required by
section 14-40.030 of the Municipal code and shall be accompanied
by the following items:
1. One copy of map checking calculations.
2. Preliminary Title Report for the property
dated within ninety (90) days of the date of
submittal for the Final Map.
3. One copy of each map referenced on the Final
Map.
4. One copy of each document/deed referenced on
the Final Map.
2
5. One copy of any other map, document, deed,
easement or other resource that will
faoilitate the examination process as
requested by the City Engineer.
c. The owner (applicant) shall pay a Map Checking
fee, as determined by the city Engineer, at the time of submittal
of the Final Map for examination.
d. 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.
e. 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.
f. The owner (applicant) shall file with the Santa
Clara County Recorder the requisite statement indicating that
there are no liens against the property or any part thereof for
any unpaid taxes or special assessments. A copy of the
statement(s) shall be provided to the city Engineer prior to
Final Map approval.
g. The owner (applicant) shall pay the applicable
Park and Recreation in-lieu _fees prior to Final Map approval.
h. Prior to approval of the Final Map, the owner
(applicant) shall execute an agreement with the City waiving the
rights of the owner or any successive owners of any of the lots
created by the sUbdivision to protest the formation of an
underground utility district for the purpose of undergrounding
existing overhead utility lines in the vicinity of the property.
The agreement shall be recorded concurrently with the Final Map
and reference to the agreement shall appear in the Owner's
certification on the Final Map.
i. Design review approval shall be required for
parcel A and shall only be granted upon finding that the proposed
structure is compatible in terms of scale and design with the
existing adjacent residences, that it is in conformance with the
City's Residential Design Guidelines and that all of the
necessary Design Review findings can be made.
j. Future development on parcel A shall comply with
the approved site development plan, marked Exhibit "B."
3
k. Prior to Final Map approval, the applicant and/or
property owner shall file with the Planning Director, a written
statement of an I.S.A. Certified Arborist, that all pruning,
cabling and applicable fertilizing work has been performed
pursuant to the city Arborist Report dated 8/31/92.
1. All other applicable requirements of the city
Aborist shall be complied with at the time development is
proposed for parcel A.
m. The owner (applicant) shall, upon the City's
request, defend, indemnify and hold the City and its officers,
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 Section 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.
n. The owner (applicant) shall furnish a written
indemnity agreement and proof of insurance coverage, in
accordance with Section 14-05.055 of the Municipal Code, prior to
Final Map approval.
o. Noncompliance with any of the conditions of this
permit shall constitute a violation of the permit. 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.
3. By unanimous vote at the City Council approving the
variance to allow two parcels to be created with 82-foot lot
widths in an R1-10000 Zone District, the appeal from the Planning
Commission is hereby granted to wit: the applicant has met the
burden of proof required to support the application for the
variance and the following findings have been determined:
a. That because of special circumstances applicable
to the property, including size, shape, topography, location or
surroundings, strict enforcement of the specified regulations
would deprive the applicant of privileges enjoyed by the owners
of other properties in the vicinity and classified in the same
zoning district, in that all of the immediately adjacent lots
were created with 82 ft. widths.
4
b. That the granting of the variance will not
constitute a grant of special privilege inconsistent with the
limitations on other properties in the vicinity and classified in
the same zoning district, in that all of the immediately adjacent
lots were created with 82 ft. widths.
c. That the granting of the variance will not be
detrimental to the public health, safety or welfare, or
materially injurious to properties or improvements in the
vicinity.
4. After careful consideration of the site plan,
architectural drawings, plans and other exhibits submitted in
connection with this matter, the application of Behel for
variance approval be, and the same is hereby granted, subject to
the following.conditions:
a. All conditions of the tentative map approval shall
apply.
b. The final map must be recorded with the Office of
the County Recorder within 24 months or approval will expire.
Passed and adopted by the City Council of the City of
Saratoga, California, at a meeting thereof held on 6th day
of January , 1993 by the fallowing vote of the members
thereof:
AYES: Councilmembers Burger, Mania, Tucker, and Mayor Anderson
NOES: None
JUBSEarr: Cauncilmember Kohler
ABSTAIN: None
~ (d)
I' ,"
~ ?~Jn-__
Mayor
ATTEST:
~; C~~k~
Deceaber 21, 1992
273\re.\behel.re.
5