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HomeMy WebLinkAboutCity Council Resolution 94-44 RESOLUTION NO. 94-44 A RE8OLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA GRM~ING IN PART AND DENYING IN PART AN APPEAL FROM THE DECISION OF TwsE PLANNING COMMISSION RELATING TO PLANNED DEVELOPNBNT-FI~ PLaN APPROVAL (INCLUDING TENTATIVE 8UBDMSION NAP APPROVAL AND DESIGN REVIEW I~PPROVAL) GREENBRIAR HOMZ8 COMPANYI 13150 SARATOGA AVENUE WHEREAS, Greenbriar Homes Company, the applicant had made an application for Planned Development-Final Plan approval to construct 94 single-family detached homes at the 24.44 acre former Paul Masson Winery site located at the northeast corner of Saratoga Avenue and Route 85; and WHEREAS, on September 28, 1994, 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 grant the final development plan application; and WHEREAS, applicant has appealed several of the conditions placed by the Planning Commission on the approval, to the City Council; and WHEREAS, on October 19, 1994, the City Council conducted a de novo public hearing on the appeal, which included a review of the entire Planned Development-Final Plan application, at which time any person interested in the matter was given a full opportunity to be heard; and WHEREAS, 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. NOW, THEREFORE, be it resolved bythe City Council of the City of Saratoga as follows: 1. By split vote of the City Council (Councilmember Jacobs voting in opposition), the appeal from the Planning Commission is hereby granted in part and denied in part, to wit: the applicant has met the burden of proof required to support the application for Planned Development-Final Plan approval with the conditions as modified and hereinbelow set forth, and the following findings have been determined: 1 (a) That the development, including the tentative subdivision map, is consistent with the General Plan designation, Zoning and Specific Plan for this property. (b) That the development provides for an integrated and harmonious system of land uses and land use intensities. (c) That the development will be compatible with the surrounding neighborhood. (d) That all adverse environmental impacts of the development can be adequately mitigated, or there are overriding considerations for approval of the development notwithstanding such impacts. (e) That the public facilities as existing or to be constructed by the applicant will be adequate to service the development. (f) That the development will not be detrimental to the public health, safety or general welfare. (g) That none of the conditions set forth in subsections (a) through (g) of Government Code S 66474 exist with respect to the proposed subdivision, and tentative subdivision map approval should be granted in accordance with conditions as hereinafter set forth. 2. After careful consideration of the site plan, other exhibits submitted in connection with this matter, the application of Greenbriar Homes Company for Planned Development-Final Plan approval be and the same is hereby granted subject to the following conditions: COMMUNITY DEVELOPMENT DEPARTMENT (1) The development shall be located and constructed as shown on Exhibit "A" and "B", with the required modifications contained in this Resolution. (2) Prior to approval of a Final Map, or phased Final Map, finalized Covenants, Codes and Restrictions (CC&R's) shall be reviewed and approved by the Community Development Director, Public Works Director and the City Attorney. (3) Pursuant to the Planning Commission's conditional determination to approve the project and adopt the Negative Declaration, the following restrictions shall apply and shall be included in the CC&R's: a. The maximum average square footage of all 94 homes, excluding garages, shall not exceed 3,035 sq. ft. b. No future additions, or additional enclosed structures, shall be permitted beyond the approved homes/square footages. Unenclosed structures, such as arbors, gazebos and lattice work, are permitted subject to current City Code setback and height requirements. c. Individual lot impervious coverage shall be limited to a maximum of 60 percent. (4) Prior to approval of a Final Map, or phased Final Map, a Development Agreement shall be entered into, and approved by the City Council based on a recommendation by the Planning Commission, ensuring the following: a. The development is constructed as approved. b. Improvement requirements, such as dedicating the common open space for public use, paying the approximately $767,000 in required public park maintenance fees and contributing towards the various intersection and median improvements, would be guaranteed. c. Improvements would occur in a sequence beneficial to the community. For example, perimeter landscape and pedestrian improvements would be required to be completed prior to issuance Final Occupancy approval for any of the new homes (or model homes). (5) Prior to submittal for Grading or Building Permits, the following shall be submitted to Community Development Department staff in order to issue a Zoning Clearance: a. Four (4) sets of complete construction plans incorporating this Resolution as a separate plan page. b. One (1) set of engineered grading and drainage plans, also incorporating this Resolution as a separate plan page. c. All applicable requirements/conditions of the Resolution (e.g. modifications to plans) shall be noted on the plans. d. Revised plans indicating that: i. No portion of the east property line retaining walls/fences exceed 6 ft. in height. ii. Lots 90-93 shall be "staggered" to match Lots 1-8 per Exhibit "B", incorporated by reference. iii. The soundwall on Lot 13 is setback 15-25 ft. from the McFarland Ave. pedestrian access to the east property line. iv. Windows shall be installed in all garage doors. v. Shutters and planter boxes shall be included on the rear elevations of residences backing onto Saratoga Avenue and McFarland Avenue. e. If retaining walls are utilized along the east property line, the City Arborist shall review and approve the plans to ensure that no property line trees are damaged. f. Documentation verifying that future home construction is in compliance with the recommendations of the Traffic Noise Assessment Study, Exhibit "C", incorporated by reference. At a minimum, this documentation shall show that the homes on Lots 1-9, 32-37, 71-74, 85-89 and 90- 94 incorporate noise attenuation mitigation measures. These measures shall include building shell and window noise attenuation construction. (6) Prior to the issuance of a Grading or Building Permit, applicant shall submit the following for Community Development Department Oirector review and approval: a. Final landscape plans for the Saratoga Ave. and McFarland Ave. perimeter landscaping, the internal "loop" linear open space and the public open space/park abutting the Route 85 soundwall. b. A minimum of one 24 inch box and one 15 gal. native or other suitably drought tolerant tree shall also be shown to be planted, with irrigation, within the rear yards of each lot along McFarland and Saratoga Avenues and Montrose Street. These trees/irrigation shall be planted/installed prior to Final Occupancy approval of each home. A security deposit may be posted in-lieu of actual planting to assure planting on a timely basis. Additionally, the CC&R's shall require each home owner not along McFarland and Saratoga Avenues or Montrose Street to plant a minimum of two trees in their rear yards. c. Landscaping shall be of native and drought tolerant species in conformance with the City's xeriscape guidelines and Water Efficient Landscape Ordinance. (7) Height of structures shall not exceed 26 feet. 4 (S) No retaining wall shall have an exposed height that exceeds 5 ft. In addition, no fence or wall shall exceed six (6) feet in height and no fence or wall located within the required front yards shall exceed three (3) feet in height. This restriction does not apply to the eight (8) foot approved soundwall along Saratoga Ave. (9) No ordinance size tree shall be removed without first obtaining a Tree Removal Permit. (10) Exterior colors shall be medium earthtone as reviewed and approved by the Planning Commission. pUBLIC WORKS DEPARTMENT (11) Prior to submittal of a Final Map or phased Final Map to the City Engineer for examination, the owner (applicant) shall cause the property within the distinctive border on the map to be surveyed by a duly Licensed Land Surveyor or Civil Engineer. The submitted map(s) shall show the existence of a monument at all external property corner locations, either found or set. The submitted map(s) 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 or each phased Final Map in substantial conformance with the approved Tentative Map, along with the additional documents required in Section 14-40.020 of the Municipal Code, to the City Engineer for examination. The Final Map(s) shall contain all of the information required by 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 of the Final Map(s). c. One copy of each map referenced on the Final Map(s). d. One copy of each document/deed referenced on the Final Map(s). 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. (13) The owner (applicant) shall pay a Map Checking fee, as determined by the City Engineer, at the time of submittal of each Final Map for examination. (14) Interior monuments shall be set at each lot corner either prior to recordation of a Final Map or some later date to be specified on a 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 or initial phase Final Map, in substantial conformance with the approved Tentative Map, prior to any Final Map approval. (16) The owner (applicant) shall submit engineered improvement plans and supporting technical documentation, including a Storm Water Pollution Prevention Plan, to the City Engineer in conformance with the approved Tentative Map and in accordance with the design and improvement requirements of Chapter 14 of the Municipal Code. The improvement plans shall be reviewed and approved by the City Engineer and the appropriate officials from other public agencies having jurisdictional authority, including public and private utility proriders, prior to approval of the Final Map or each phased Final Map. (17) The owner (applicant) shall pay an Improvement Plan Checking fee, as determined by the City Engineer, at the time Improvement Plans are submitted for review. (18) The owner (applicant) shall enter into an Improvement Agreement with the City in accordance with Section 14-60.010 of the Municipal Code prior to each Final Map approval. (19) The owner (applicant) shall furnish Improvement Securities in accordance with Section 14-60.020 of the Municipal Code in the manner and amounts determined by the City Engineer prior to each Final Map approval. At least 10% of the Faithful Performance security shall be in the form of a cash deposit to be held by the City, up to half of which may be in the form of an instrument pledged to the City and which is readily convertible to cash by the City. (20) 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 each Final Map approval. (21) Prior to each 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. (22) The owner (applicant) shall secure all necessary permits from the City and any other public agencies, including public and private utility proriders, prior to each Final Map approval. (23) The owner (applicant) shall pay the applicable Park and Recreation fee prior to each Final Map approval. (24) Notice of construction shall be distributed to all residents within 500 ft. of the property at least five calendar days prior to commencement of any construction activity in such form as determined by the Community Development Director. Suitable documentation that this condition has been satisfied shall be provided to the Public Works Director prior to receiving approval to commence construction activity. (25) Individual lot pad grading, necessary to achieve proper site drainage, shall be permitted to occur concurrently with road construction improvements once Final Map or phased Final Map approval is granted. The final grading and drainage plan for road construction and individual lot pads shall be reviewed and approved by the City Engineer prior to issuance of Final Map or phased Final Map approval. (26) Construction hours shall be restricted to between 7:30 a.m. and 6:00 p.m., Monday through Friday (legal holidays excluded), except in the event of an emergency which imperils the public safety. The City Engineer may grant an exemption upon his determination of an emergency. (27) Prior to approval of the Final Map or of a phased 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 annexation of the lots into the City's existing Landscaping and Lighting Assessment District for the purpose of providing for the maintenance of the common area and perimeter landscaping created by the subdivision. The agreement(s) shall also waive the rights of the owner or any successive owners to petition for detachment from the District after annexation. The agreement(s) shall be recorded concurrently with the Final Map(s) and reference to the agreement(s) shall appear in the Owner's Certificate(s) on the Final Map(s). (28) The applicant's geotechnical consultant shall review and approve all geotechnical aspects of the subdivision plans (is., site preparation and grading, surface and subsurface drainage improvements, and design parameters for foundations, retaining walls, pools and pavement) to ensure that his recommendations have been properly incorporated. (29) The results of the Geotechnical Plan Review shall be summarized by the geotechnical consultant in a letter and submitted to the City for review and approval by the City Engineer prior to approval from the City Engineer to begin subdivision construction. (30) The geotechnical consultant shall inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspections shall include, but not necessarily be limited to: site preparation and grading, demolition and removal of existing structures and unsuitable materials, site surface and subsurface drainage improvements, and excavations for roadways and retaining walls prior to the placement of baserock, fill, steel and concrete. (31) The geotechnical consultant shall prepare a report describing the as-built conditions of the project construction. The report shall include a map (e.g., corrected or revised drainage plan) that portrays the extent of any grading (cuts and fills), drainage improvements, and retaining walls. This final report shall also include the locations and data from field density tests and any new information disclosed during construction which may have an impact on development of any lots within the subdivision. (32) A report describing the results of field inspections, and the report of as-built conditions, shall be submitted to the City to be reviewed by the City Engineer prior to Construction Acceptance of the subdivision improvements. (33) Prior to approval of any Final Map, and pursuant to Section 13 of the Performance Agreement dated February 6, 1989, and subsequent Cooperative Agreement No. 2-SAR dated April 7, 1993, both agreements between the City and the Santa Clara County Traffic Authority, the owner (applicant) shall pay to the City the sum of $169,195 for the soundwall along Route 85, and $60,000 for the traffic signal at the Saratoga Ave. entrance to the property which the City will, in turn, reimburse in full to the Traffic Authority as full compensation for the cost of designing and installing these improvements. (34) Prior to approval of any Final Map, the owner (applicant) shall file the requisite Notice of Intent with the State Water Resources Control Board to ensure construction activity associated with the development will be covered under the General Construction Activity Storm Water permit adopted by the Board on August 20, 1992. Evidence of coverage under the Permit shall be presented to the Public Works Director prior to the start of any construction. (35) A name for each street in the development shall be approved by the Heritage Preservation Commission and shall appear on each final map. The words "Vineyard" or "Oak" shall not be permitted in any street name. (36) Prior to approval of the initial phase final map, the owner (applicant) shall contribute $30,000 towards the cost of the southwest quadrant of the Saratoga Ave./Fruitvale Ave. intersection. Any amount of the contribution remaining after the improvements have been installed shall be refunded to the owner (applicant) or successors in interest. The City shall enter into an agreement with the owner (applicant) guaranteeing a proportional reimbursement of the cost of the improvements within 10 years from the date of approval of the initial phase final map from any future subdivision(s) the City might approve on APN 389-06-017 and APN 389-34-003. (37) Prior to approval of a subsequent phase final map, the applicant shall contribute $32,500 towards the cost of identified median landscape improvements on Saratoga Ave. between McFarland Ave. and Cox Ave. Any amount of the contribution remaining after the improvements have been installed shall be refunded to the owner (applicant) or successors in interest. The City shall enter into an agreement with the owner (applicant) guaranteeing a proportional reimbursement of the cost of the improvements within 10 years from the date of approval of the subsequent phase final map from any future subdivision(s) the City might approve on APN-389-06-017. Alternatively, the owner (applicant) may opt to contribute $30,000 towards said improvements prior to approval of the initial phase final map subject to the same refund and reimbursement provisions as described above. (38) The landscaping and recreational improvement plans for Lot 95 shall be reviewed and approved by the Parks and Recreation Commission prior to approval of the subsequent phase final map. (39) Construction acceptance of public improvements within any one phase of the development shall not be granted until final occupancy certificates are issued for 80% of the home within a particular phase. C~NTRAL FIRE DISTRICT (40) Automatic sprinklers shall be installed in all new garages. (41) Applicant/developer shall install eight (8) fire hydrants that meet the Fire District's specifications. Hydrants shall be installed and accepted pursuant to the requirements of the Central Fire District. (42) Emergency access road connection to Afton Ave. shall be constructed as shown per Exhibit "A", with a gate, bollards the event of an emergency. Details shall be sho~ on the building plans and approved by the Central Fire District. CITY ATTORNEY (43) The owner (applicant) shall, upon the City's request, defend, indemnify and hold the City and its 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. The owner (applicant shall furnish a written indemnity agreement and proof of insurance coverage, in accordance with Sec. 14-05,055 of the Municipal Code, prior to Final Map approval. (44) Noncompliance with any of the conditions of this permit shall constitute a violation of the permit. Because it is impossible to estimate damagesthe City could incur due to the violation, liquidated damages of $250 shall be payable to this City per each day of the violation. 2. Applicant shall sign the agreement to these conditions within 30 days of the passage of this Resolution or said Resolution shall be void. 3. Construction must be commenced pursuant to the Development Agreement or this approval shall be void. 4. All applicable requirements of the State, County, City and other Governmental entities must be met. 10 09:03 r.l /l Passed and adopted at a regular meeting of the City Council Of the Ci=y of $~rutogu held on the ~ day of November .. 1994, by the following vote: AYES: Councilmembers Jacobs, Moran, Tucker, Wolfe and Mayor Burger ~OBS ~ None /~BlZ~IT~ None A~STAX~ None ~ ]~, ATTEST: Deputy Clerk