HomeMy WebLinkAboutCity Council Resolution 96-10.4 RESOLUTION NO. 9~-1o. 4
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA APPROVING
VESTING TENTATIVE SUBDIVISION MAP
AND ADOPTING A MITIGATION MONITORING PLAN
Trinity Development Company; 2085 1 Saratoga Hills Rd.
WHEREAS, application has been made to the City under the
Subdivision Map Act of the State of California and under the Subdivision
Ordinance of the City of Saratoga, for Vesting Tentative Subdivision Map
approval to subdivide two existing parcels into nine single family residential
parcels, all as more particularly set forth in File No. SD-95-008 of this City;
and
WHEREAS, an Environmental Impact Report has been prepared for this
project which concludes that the net increase of seven single family homes on
this property will either not cause any significant and/or unavoidable impacts
on the environment or that the impacts can be mitigated to a less than
significant level, and the mitigation measures identified in the EIR have been
incorporated into this approval Resolution and are highlighted in bold text;
and
WHEREAS, this Resolution constitutes, and shall be used as, a
Mitigation Monitoring Program in compliance with Public Resources Code
Section 2108 1.6, and identifies herein, the mitigation measures, the
monitoring and reporting procedures for each measure; and has been designed
to fit into the City~s existing entitlement and project review process; and
WHEREAS, this City Council hereby finds 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 is compatible with the
objectives, policies and general land use and programs specified in such
General Ham reference to staff reports dated January 10, 1996 and February
7, 1996, being hereby made for further particulars; and
WHEREAS, none of the conditions set forth in Government Code
Sections 66474 (a) - (g) and 66474.6 exist with respect to said subdivision,
and tentative map approval should be granted in accord with conditions as
hereinafter set forth; and
WHEREAS, on January 10, 1996, the Planning Commission of the City
held a duly noticed public hearing on the application at which time all
interested parties were given full opportunity to be heard and to present
evidence, and following the conclusion thereof the Planning Commission
recommended approval thereof; and
WHEREAS, the City Council has conducted a duly noticed public
hearing on February 7, 1996, at which time all interested parties were given a
full opportunity to be heard and to present evidence; and
WHEREAS, the City Council considered all written and oral testimony
submitted at the public hearing and all written testimony submitted prior to
the public hearing and the recommendation of the Planning Commission;
NOW, THEREFORE, BE IT RESOLVED by the Citiy Council of the City
of Saratoga as follows: ( 1 ) that the Vesting Subdivision Tentative Map for the
hereinafter described subdivision, which map is dated December 13, 1995 and
marked Exhibit "A" in the hereinabove referred file, be and the same is hereby
conditionally approved. The conditions of said approval are as follows:
Community Development
1. Future development on all lots shall require Design Review approval.
All building sites shah be left in a natural state until Design Review
approval has been granted and Building Permits have been issued.
Appropriate building sites shah be determined at the Design Review
stage based on current Zoning Ordinance regulations and City policy.
The site development plan reviewed by the Planning Commission and
the City Council was an informational document only, intended to
indicate that feasible building sites exist.
2. Future homes shall be sited and designed to minimize the amount of
pad grading necessary and the removal of significant existing native
trees. At the time an application is submitted for Design Review for Lot
#1, the conceptual driveway indicated on the Tree Plan, Exhibit "A",
shall be relocated to retain tree # 119, a nine inch Coast Live Oak.
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Prior to approval of the Final Grading Plan, an oak tree restoration plan
shall be developed to ensure that adequate habitat restoration occurs. If
the one oak tree identified for potential removal cannot be relocated
onsite, the plan will include the replanting of oak saplings in a sufficient
ratio to replace the oak tree potentially lost with project development.
This plan shall be prepared by a qualified restoration ecologist and
approved by the City of Saratoga Community Development Director.
Replacement trees shall be planted onsite in designated open space.
Temporary irrigation equipment w~l be installed and operated during
the first several years of growth to ensure sapling survival. During the
rev'egetation process, tree survival will be maximized by using gopher
cages, deer screens, regular maintenance, and replanting as needed.
This plan shall also include measures designed to enhance the long-term
maintenance and preservation of oaks not approved for removal.
Oaks not approved for removal that are within 200 feet of grading
activities shall be protectively fenced 5 feet beyond the dripline and root
zone of each (as determined by a certified arborist). This fence, which
will prevent soil from being pushed down beneath the canopies or over
the root collars, shall be maintained until all construction activities are
completed. No grading or trenching shall be allowed within this area
and construction equipment and vehicles and debris shall be excluded.
Protection for oak trees on slopes and hillsides will also include
installation of a silt fence. The silt fence shall be installed at the base of
the protective fence to prevent any soil from drifting down over the root
zone. Construction equipment and debris shall be excluded from the
dripline of each tree.
3. Landscape plans shall be required for each new home application.
These plans will need to incorporate a reasonable number of native trees
to revegetate the property and to provide continuous wildlife habitat.
Landscape plans shall include elements within the plan to reduce the
effect of headlight glare at nighttime from driveways to surrounding
residential uses.
4. Design review approval shall only be granted upon finding that the
proposed structures are 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.
5. Lots 1, 2, 3, 4, 5 and 6 shall be limited to single story structures not to
exceed 22 feet in height. This restriction shall expire upon issuance of
Final Occupancy approval for each lot. Future additions and/or
redevelopment shall be governed by current Zoning Ordinance
requirements.
6. Fencing restrictions shall be recorded on Lots 8 and 9 to limit the
maximum permitted fencing to 4,000 sq. ft., consistent with Saratoga's
hillside fencing regulations. This would allow for continuous wildlife
access through the upper half of the property.
7. No trees shall be removed without obtaining a tree removal permit, with
the exception of those trees shown to be removed on the Tentative Map
marked Exhibit "A" to accommodate public improvements.
8. For the purposes set forth in the Memorandum of Understanding
between the City of Saratoga and the Community Foundation of Santa
Clara County dated November 21, 1994, payment in the mount of
$585,000 shall be deposited in an escrow account pursuant to the terms
of condition #34 of this Resolution.
9. Subdivision improvement construction hours shall be restricted between
7:30 a.m. and 6:00 p.m., Monday through Friday, except in the event of
an emergency which imperils public safety. The Public Works Director
may ~ant an exemption upon his/her determination of an emergency.
No such construction work shall be permitted on legal holidays.
10. Any necessary subdivision improvement work, including road widening,
utility trenching or other construction activity, shall be reviewed and
approved by the City Arborist prior to issuance of permits. All
requirements for tree protection as recommended by the City Arborist
shall apply throughout subdivision improvements construction.
I 1. All public and private improvements required for the project shall be
completed and accepted for construction by the Director of Public
Works, Planning Director, and/or the appropriate officials from other
public agencies, including public and private utility providers, prior to
Final Occupancy approval of any permitted homes on any of the lots.
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City Engineer
12. Prior to submittal of the Final Map 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 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 Act.
13. The owner (applicant) shall submit four (4) copies of a Final Map in
substantial conformance with the approved Vesting Tentative Map,
along with the additional documents required by Section 14-40.020 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) d_ays 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 document/deed 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.
14. 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.
15. 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
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approval, to guarantee the setting of interior monuments.
16. 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 Vesting Tentative Map,
prior to Final Map approval.
17. The owner (applicant) shall submit engineered improvement plans to
the Public Works Director in conformance with the approved Vesting
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 Public Works Director and
the appropriate officials from other public agencies having jurisdictional
authority, including public and private utility providers, prior to
approval of the Final Map.
Specific work to be reflected on the improvement plans shall include,
but not be limited to:
a. Replacement of defective P.C.C. curb and gutter around the
perimeter of the property as determined by the Public Works
Director.
18. The owner (applicant) shall pay a Subdivision Improvement Plan
Checking fee, as determined by the Public Works Director, at the time
Improvement Plans are submitted for review.
19. The owner (applicant) shah enter into an Improvement Agreement with
the City in accordance with Section 14-60.010 of the Municipal Code
prior to Final Map approval.
20. 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 Public Works Director prior to
Final Map approval.
2 1. The owner (applicant) shall furnish a written indenmity agreement and
proof of insurance coverage, in accordance with Section 14-05.055 of
the Municipal Code, prior to Final Map approval.
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22. Prior to Final Map approval, the owner (applicant) shall furnish the
Public Works Director with satisfactory written commitments from all
public and private utility proriders serving the subdivision guaranteeing
the completion of all required utility improvements to serve the
subdivision.
23. The owner (applicant) shall secure all necessary permits from the City
and any other public agencies, including public and private utility
providers, prior to commencement of subdivision improvement
construction. Copies of permits other than those issued by the City
shah be provided to the Director of Public Works.
24. The owner (applicant) shall pay the applicable Park and Recreation fee
prior to Final Map approval.
25. Subject to the determination of the Public Work's Director, prior to
approval of the Final Map the owner (applicant) may be required to
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 Landscaping and
Lighting Assessment District LLA-1. The owner (applicant) agrees to
such waiver.
26. Subject to the determination of the Public Work's Director, prior to
Final Map Approval, the owner (applicant) may be required to enter
into an agreement with the City waiving the rights of the owner, and
any successive owners, to protest the formation of and/or annexation
into an assessment district for the purposes of undergrounding utility
lines serving the properties. The owner (applicant) agrees to such
waiver.
27. Prior to approval of the Final Map, the applicant shall file a Notice of
Intent (NOI) with the Regional Water Quality Control Board to obtain
coverage under the State General Construction Activity NPDES Permit.
Satisfactory evidence of the filing of the NOI shall be furnished to the
Director of Public Works. The applicant shall comply with all
provisions and conditions of the State Permit, including preparation
and implementation of a Storm Water Pollution Prevention Han
(SWPPP). Copies of the SWPPP shall be submitted to the Director of
Public Works prior to Final Map Approval and maintained on site at all
times during construction of the subdivision improvements.
Prior to issuance of grading permits, the project applicant shall submit
an erosion control program which indicates proper control of siltation,
sedimentation and other pollutants will be implemented per NPDES
permit requirement. Best Management Practices (BMPs) will be used to
maintain downstream water quality which may include standard drop
inlet slit and grease trap structures, detention basins, overflow collection
areas, and oil and sedimentation traps.
Prior to Final Subdivision Map approval, the project applicant shall
submit final drainage plans which demonstrate the downstream
drainage facilities along the segment of Trinity Avenue east of pontiac
Avenue can accommodate the project-related increase of 0. 6 cfs for a
100-year storm. The applicant shall replace 12" inflow pipeline with an
18" pipeline to eliminate local ponding at the Trinity Avenue/Malcolm
Avenue inlet. If ponding cannot be improved near this intersection, the
project applicant shall provide onsite detention facilities that will retain
surface runoff during peak flow period. Implementation of this measure
would reduce impacts to a less-than-significant.
Prior to Final Subdivision Map approval, the project applicant shall
submit final drainage plans that indicate how the site grading, in
conjunction with the drainage conveyance systems, including applicable
catch basins, storm drains and flood water retarding, will allow building
pads to be safe from inundation from stormwater runoff which may be
expected from all storm up to and including the 100-year storm event.
The City Engineer shall ensure that project structures are consistent
with the City's Grading and Zoning Ordinances.
Prior to Final Subdivision Map approval, the project applicant shall
submit final drainage plans which demonstrate the future post-
development stormwater quality discharged from the project site will
not deteriorate from the existing stormwater quality.
C~ty .Geotechnical Consultant
28. A final Geotechnical Clearance shall be required for Lots 5, 7, 8 and 9
prior to acceptance of Design Review applications on these lots as
complete. Prior to obtaining a Geotechnical Clearance for Lots 5, 7, 8
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and 9, site-specific geologic and geotechnical investigations shall be
performed. As part of these investigations, the applicants' geologic and
geotechni-cal consultants shall: (1) review the subdivision level report by
Freeman-Kern Associates, Inc. and City review memorandums, (2)
identify and evaluate areas on the lots underlain by surficial materials
(fill, colluvium, landslide and fan deposits), (3) evaluate the long-term
stability of slopes on the lots (including artificial and natural slopes),
and (4) provide supplemental geotechnical design recommendations, as
needed, for the proposed construction. The investigations shall include,
but not necessarily be limited to:
a. An original, engineering geologic map and cross sections shall be
prepared at an appropriate scale (i.e., 1:480 or larger) for each lot.
The maps and cross sections shall extend beyond the lot
boundaries to ensure that off-site conditions have been considered
with respect to the proposed developments. Engineering geologic
maps and cross sections shall provide the following information:
(1) extent and probably thickness of surficial earth materials
(including existing fill, colluvium, landslides, and alluvium or fan
deposits), (2) natural and artificial slopes and slope profiles, (3)
type and structural orientation of underlying bedrock, (4) location
and extent of ~Hed creek channel, and (5) locations of existing
and proposed structures and improvements.
b. Specific geotechnical issues on Lots 5, 7 and 8 to be evaluated
shall include: demolition and removal of existing structures;
mapping and subsurface exploration to determine the extent of
buried structures and filled watercourses and mapping stability
evaluations of the cut slopes on Lot 8. Grading recommendations,
considering the proximity of the proposed structures to the buried
watercourse, septic tank and well, shall be provided.
c. Specific geotechnical issues on Lot 9 to be evaluated shall include:
evaluation of the long-term stability of cut slopes along Saratoga
Hills Road; characterization of the area of thick colluvium
(possible landslide) in the western portion of the lot; mapping and
evaluation of the cut slope in the eastern portion of the lot; and
consideration of the cut slope with respect to grading for the
residential structure and driveway. Specific drainage and/or
landscaping practices should be recommended to ensure stability
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of the western portion of site.
d. The site-specific geotechnical conditions on these lots shall be
explored, and representative earth materiMs (i.e., bedrock,
colluvium, artificial fill, etc.) shall be sampled and tested to
provide engineering parameters for foundation and retaining wall
design. The geotechnical consultants shall specifically: (1)
determine the thicknesses of surficial materials (artificial fill,
colluvium and fan deposits) on the property, and (2) document,
with appropriate data, the location and extent of the buried
watercourse that extends through the central portion of the
property. Recommendations for drainage improvements shall be
provided and specific recommendations for structural
foundations, as needed.
The results of the site-specific geologic and geotechnical investigations
shall be summarized in written reports with appropriate illustrations,
and submitted to the City to be reviewed and approved by the City
Engineer and City Geotechnical Consultant. prior to the granting of a
Geotechnical Clearance for Lots 5, 7, 8 and 9.
29. Prior to the issuance of a grading permit for each lot, the project
geotechnical consultants shall review and approve all geotechnical
aspects of the final foundation and grading plans (i.e., building setbacks,
site drainage improvements and design parameters for foundations and
retaining walls, etc.) to ensure that the consultant's recommendations
have been properly incorporated. The results of the plan reviews shall
be summarized in letters by the consultants and submitted to the City
for review and approval by the City Engineer.
30. Prior to final of a grading permit for each lot, the geotechnical
consultants shall inspect, test (as needed), and approve all geotechnical
aspects of demolition and construction. These inspections shall include,
but not necessarily be limited to: site surface and subsurface drainage
improvements, and excavations for foundations and retaining walls
prior to the placement of steel and concrete. The results of these inspec-
tions and the as-built conditions of the project shall be described in
letters and submitted to the City Engineer.
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Utilit,v and Public Safet,v Providers
31. Sanitary sewer service for all parcels shall be required per the
requirements of the West Valley Sanitation District.
32. Domestic water shall be supplied by San Jose Water Company.
33. The owner (applicant) shall install additional fire hydrants as
determined by the Saratoga Fire District.
City Attorney
34. All funds required by the Memorandum of Understanding to be paid to
the City of Saratoga as a result of the City granting approval of a Final
Subdivision Map, shall instead be paid by the Community Foundation
into an escrow account established at the First American Title Company.
Such account shall bear interest at the prevailing rate of invested escrow
funds. Upon the expiration of any applicable appeals period following
the entry of final judgment in the matter of The Friends of the Nelson
Garden Foundation v. City of Saratoga. et al. and the Community
Foundation of Santa Clara County.. Superior Court Case No.:
CV75 1374, and any further cases filed, challenging the City's approval
of this project, such funds and all interest thereon shall be:
a. Paid to the City of Saratoga forthwith if the Tentative Williamson
Act Cancellation challenged by this lawsuit remains in full force
and effect, or;
b. Paid to the Community Foundation if the Tentative Williamson
Act Cancellation is vacated.
35. Applicant agrees to defend, indemnify and hold City, its officers,
officials, boards, commissions, employees and volunteers harmless from
and against any claim, action or proceeding to attack, set aside, void or
annual the approval herein or any of the actions, determinations or
proceedings taken, done or made prior to such approval or approvals
rdating to the applicant's project.
36. Noncompliance with any of the conditions of this permit shall constitute
a violation of the permit. Because it is impossible to estimate damages
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the City could incur due to the violation, liquidsted damages of $250
shall be payable to this City per each day of the violation.
Zoning Consistency,
37. Approval of this vesting tentative map is conditioned on the owner
obtaining the necessary change in the zoning of the subject property to
eliminate the inconsistency between the current zoning ("Agricultural")
and the development intended by this map.
Section 1. Conditions must be completed within 24 months or approval
will expire.
Section 2. All applicable requirements of the State, County, City and other
Governmental entities must be met.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Saratoga held on the 21st day of February, 1996 by the following
vote:
AYES: Councilmembers Burger, Moran., Tucker, Wolfe & Mayor Jacobs
NOES: None
ABSENT: None
]V[ayor
ATTEST:
City Clerk
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