HomeMy WebLinkAboutCity Council Resolution 99-44
RESOLUTION NO. 99- J:i
&ESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA DENYING AN APPEAL FROM THE
DECISION OF THE PLANNING COMMISSION;
APPLICANT/APPELLANT WANG; 20520 VERDE VISTA LANE
SD-99-00 I
WHEREAS, Applicants Roger and Annie Wang applied for a Tentative Parcel
Map pursuant to the Subdivision Map Act of the State of California and the
Subdivision Ordinance of the City of Saratoga; and
WHEREAS, on April 14, 1998, the Planning Commission of the City of
Saratoga, as the Advisory Agency under the Subdivision Map Act, held a duly noticed
public hearing on the same application at which 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 Parcel Map, with
conditions; and
WHEREAS, the Planning Commission conditioned the approval of the
Tentative Parcel Map on a condition that the Map shall be revised so that the
property is divided down the center of the property with both lots being equal in size;
and
WHEREAS, on July 7, 1999, the City Council conducted a de novo public
hearing on the appeal, which included a review of the Tentative Parcel Map
application, at which time any person interested in the matter was given the full
opportunity to be heard and to present evidence; and
WHEREAS, the City Council reviewed and considered the staff report,
minutes of proceedings conducted by the Planning Commission relative to the
application, and all 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:
Section A. The appeal from the Planning Commission is hereby denied, and
the decision of the Planning Commission to include Condition One in the approval
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of the Tentative Parcel Map, is affinned, to wit:
The Tentative Parcel Map as originally submitted by the applicants would
result in a land configuration that is incompatible with the surrounding
neighborhood by creating a backyard area adjacent to six other properties.
Compliance with Condition One will ensure that the subdivision will be compatible
with surrounding properties.
Section B. Based on the findings of the Planning Commission, the Tentative
Parcel Map, with Condition One, 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 are compatible with the
objectives, policies and general land use and programs specified in such General Plan;
and
Section C. None of the conditions set forth in Subsections (a) through (g) of
Government Code Section 66474 exist with respect to said subdivision and tentative
approval should be granted in accord with the conditions set forth below; and
Section D. The Parcel Map for the hereinafter described subdivision, which
map is dated March 1999 and is marked Exhibit "A" in the herein above-referenced
file, be and the same is hereby conditionally approved. The conditions of said
approval are as follows:
1. The Tentative Parcel Map shall be revised so that the property is
divided down the center of the property with both lots being equal in size, subject to
the review of the City Engineer.
2. Prior to submittal of a 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 corner locations, either found or set.
The submitted map shall also show monuments set at each new comer location, angle
point, or as directed by the City Engineer, all in conformity with the Subdivision
Map Act and the Professional Land Surveyors Act.
3. The owner (applicant) shall submit four (4) copies of a 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 shall contain all of the information
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required by Section 14-4.030 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.
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 reasons
that will facilitate the examination process as requested by the City Engineer.
4. 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.
5. 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 Final Map approval, to guarantee the setting of interior monuments.
6. 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.
7. The owner (applicant) shall submit engineered improvement plans 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 providers, prior to approval of the Final
Map.
8. 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.
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9. 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.
10. 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 Final Map approval.
11. 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.
12. Prior to 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.
13. 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 condition. Copies of permits other than
those issued by the City shall be provided to the City Engineer.
14. The owner (applicant) shall pay the applicable Park and Recreation in-
lieu fees prior to Final Map approval.
15. All public and private improvements required for the project shall be
completed and accepted for construction by the City Engineer, Planning Director,
and/or the appropriate officials from other public agencies, including public and
private utility providers, prior to issuance of building permits for any of the lots.
16. All building and construction related activities shall adhere to New
Development and Construction - Best Management Practices as adopted by the City
for the purpose of preventing storm water pollution.
17. Notice of construction shall be distributed to all residents within 500 ft.
of the property at least five calendar days prior to commencement of construction in
such form as determined by the City Engineer. The applicant (owner) shall
reimburse the City the full cost of providing such notice prior to receiving approval
from the City Engineer to commence work on the project.
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18. All requirements of the Cupertino Sanitation District, San Jose Water
Company shall be met.
19. Future development of the lots shall require Design Review approval.
The pool and tennis court as shown on the subdivision plan are not approved.
Building sites shall be consistent with the approved building envelopes and based on
current Zoning Ordinance regulations and City policy. The location of any structures
shall maximize tree preservation.
20. Design Review approvals 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.
21. No grading or building pad improvement work shall take place on the
individual lots until Design Review applications have been reviewed and approved by
the Planning Commission.
22. No ordinance protected trees shaH be removed without a tree removal
permit until Design Review applications are approved.
23. Pursuant to the City Arborist's report dated March 12, 1999, all tree
preservation requirements shall be met, prior to Final Map approval, including but
not limited to:
a. Tree protective fencing shall be installed to protect retained trees.
Fencing must be located to protect the entire root zone, a minimum of 5 feet beyond
the perimeter of the canopies unless otherwise noted. The fence must be chainlink, a
minimum height of five feet, mounted on steel posts driven two feet into the ground.
The fence must be in place prior to the arrival of demolition materials or equipment
and must remain in place until the completion of construction.
b. Trees to be retained must not be subjected to ripped or tom roots,
broken branches, or bark injuries. Equipment must be positioned to reduce the risk
of such injuries. Debris must not be piled outside of the canopies of trees until
removal. If demolition equipment cannot access the existing driveway without
breaking branches of trees (Le., #6, 7, 15, if retained or 33) another access must be
made. In this event, trees which are to be removed for one of the new driveways
should be sacrificed to provide access.
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c. An ISA certified arborist shall be retained to consult with the planning
and supervision of demolition process that have the potential of putting the trees at
risk. This arborist must be onsite during demolition and must have the authority to
direct demolition operations where trees will be at "risk", defined as compaction of
soil beneath the canopy, or physical damage to limb branches or trunk. The arborist
will have the responsibility of assuring that the retained trees will not be significantly
damaged. For some trees fencing must be expanded to protect the entire root zone
immediately following demolition.
d Immediately following (the same day), the demolition and removal of
an existing footing, and existing concrete slab, or an existing driveway the exposed
soil must be covered by 3 inches of coarse bark chips to prevent desiccation of the
surface roots directly beneath. This must be done for Trees #6,7,8,15 (if retained),
26, 32, and 33.
e, There must be no grading or surface scraping under the canopies of
trees.
f, Trenches for any utilities (gas, water, phone, irrigation, etc.) must be
outside the canopies of retained trees.
g. Subject to Design Review approval future replacement trees shall be
native species.
24. The owner (applicant) shall submit to the City, in a form acceptable to
the Planning Director, security in the amount of $13,145.00 (equivalent to 15% of
total value of all trees on site) pursuant to the report and recommendation by the
City Arborist to guarantee the installation, replacement, maintenance, and/or
preservation of trees on the subject site. This security deposit shall be released at the
time of construction acceptance upon the City Arborist's finding that all trees
protection measures have been adequately followed.
25. Subdivision 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 the public safety. The City Engineer may grant an exemption upon his/her
determination of an emergency, No construction work shall be permitted on legal
holidays.
26. The owner (applicant) shall, upon the City's request, defend, indemnify
and hold the City and its officers, officials, boards, commissions, employees and
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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 fees.
27. Noncompliance with any of the conditions of this permit shall
constitute a violation of the pennit. 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.
28. Conditions must be completed within twenty-four (24) months or
approval will expire.
29, All applicable requirements of the State, County, City and other
Governmental entities must met.
Passed and adopted at a regular meeting of the City Council of the City of
Saratoga held on the ? 1 st day of Jlll y , 1999, by the following vote:
AYES: Councilmembers Stre; t, t1ehaffey, v; ce ~1ayor Bogos; an, Mayor Shaw
NOES: None
ABSENT: Counc; 1 member Baker
ABSTAIN: None
ATTEST:
Ji:;yoþ
~oj~
City Clerk
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