HomeMy WebLinkAboutCity Council Resolution 99-46
RESOLUTION NO, 99- ..4.6-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA GRANTING AN APPEAL FROM
THE DECISION OF THE PLANNING COMMISSION
RELATING TO A TENTATIVE PARCEL MAP AND
DESIGN REVIEW APPROVAL
SD-98-008 and DR-98-052; NAGPAL: 19101 VIA TESORO COURT
WHEREAS, Mr. and Mrs. Nagpal made an application under the Subdivision Map
Act of the State of California and under the Subdivision Ordinance of the City of
Saratoga for Tentative Parcel Map approval to subdivide one existing parcel into two
parcels and design review approval to construct a new 5,301 square foot two story
residence with a maximum height of 25 ft., lOin. on one of the parcels; and
WHEREAS, on May 12, 1999" the Planning Commission of the City of Saratoga
held a duly noticed public hearing on said 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 deny the application;
WHEREAS, the denial of the Planning Commission has been appealed to the City
Council by the applicant; and
WHEREAS, on July 7, 1999, the City Council conducted a de novo public hearing
on the appeal, which included a review of the entire tentative map application and the
entire design review permit 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 1. The appeal from the Planning Commission is hereby granted, to wit:
The applicant has met the burden of proof required to support the application and
the following findings have been determined:
- The proposed subdivision, together with the provisions for its design and
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improvement, is consistent with the Saratoga General Plan and with all specific
regulations 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 Plan,
reference to the Staff Report to the Planning Commission dated May 12, 1999 being
hereby made for further particulars; and
- None of the conditions set forth in Government Code Sections 66474(a)-(g) and
66474.6 exist with respect to said subdivision and tentative approval should be granted in
accord with conditions as hereinafter set forth; and
-The height, elevations and placement on the site of the proposed residence, when
considered with reference to: (i) the nature and location of residential structures on
adjacent lots and within the neighborhoods; and (ii) community view sheds will avoid
unreasonable interference with views and privacy in that the placement and height of the
proposed residence will not adversely impact adjacent properties.
-The natural landscape will be preserved insofar as practicable by designing
structures to follow the natural contours of the site and minimizing tree and soil removal.
Grade changes will be minimized and will be in keeping with the general appearance of
neighboring developed areas and undeveloped areas and all Ordinance-protected tress on
the site will be preserved.
-The proposed residence in relation to structures on adjacent lots, and to the
surrounding region, will minimize the perception of excessive bulk and win be integrated
into the natural environment, in that the proposed design is similar in scale, size and style
to other homes in this neighborhood and surrounding areas.
-The proposed residence win be compatible in terms of bulk and height with (i)
existing residential structures on adjacent lots and those within the immediate
neighborhood and within the same zoning district; and (ii) the natural environment; and
shall not (i) unreasonably impair the light and air of adjacent properties nor (ii)
unreasonably impair the ability of adjacent properties to utilize solar energy, in that the
design minimizes the perception of height and bulk and the placement of the residence on
the lot win not unreasonably impose on adjacent properties,
-The proposed site development and grading plan incorporates current grading and
erosion control standards used by the City.
-The proposed residence will conform to each of the applicable design policies and
techniques set forth in the Residential Design Handbook and as required by Section 15-
45.055.
Section 2. The Tentative Parcel Map for the subdivision, which map is dated April
9, 1999 and is marked Exhibit A in the hereinafter referred file, is hereby conditionally
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approved. The conditions of said approval are as follows:
1. A portion of the existing circular driveway shall be removed so as to create
separate and individual access to each lot.
2. Applicant shall submit to Planning staff plans indicating improvements for a
pedestrian/equestrian pathway within the easement along Chester Avenue to the extent
feasible without endangering any Ordinance-protected trees.
3. Pathway improvement plans shall be reviewed by Planning staff, the City
Arborist and approved by the Parks and Recreation Commission prior to recordation of
the Final Map.
4. Future development on both lots shall adhere to the then current Zoning
requirements. Future homes shall be sited and designed to minimize the amount of pad
grading necessary and the removal of ordinance-protected trees.
5. Subdivision improvement construction hours shall be limited to 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 grant an exemption upon his/her
determination of an emergency. No construction work shall be permitted on legal
holidays.
6. 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 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.
7. The owner (applicant) shall submit four (4) copies of a Final Map n
substantial conformance with the approved 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
13-40.030 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 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.
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8. 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.
9. The owner (applicant) shall provide Irrevocable Offers of Dedication for aU
required easements and/or rights-of-way on the Final Map, in substantial conformance
with the approved Vesting Tentative Map, prior to the Final Map approval.
10. All structures or appurtenances straddling the proposed lot line between Lots 1 and
2 shall be removed prior to Final Map Approval.
11. The owner (applicant) shall furnish a written indemnity agreement and proof of
insurance coverage, in accordance with Section 14-05.050 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 to serve
the subdivision.
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 construction. Copies of permits other than
those issued by the City shall be provided to City Engineer.
14. The owner (applicant) shall pay the applicable Park and Recreation fee prior to
Final Map approval.
15. 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.
16. All requirements for tree protection as recommended by the City Arborist shall
apply throughout subdivision improvements construction.
17. The owner (applicant) shall pay a Subdivision Improvement Plan Checking fee, as
determined by the Public Works Director, at the time Improvement Pans are submitted
for review.
18. The owner (applicant) shall secure aU 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 shall be provided to City Engineer.
19. All recommendations of the City Geotechnical Consultant shall be adhered to.
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This includes, but is not limited to:
a. Prior to Final Map approval the owner's (applicant's) Geotechnical Engineer
shall conduct an investigation of the property, As part of this investigation, the
consultant should characterize site geotechnical conditions and provide geotechnical
design recommendations for the proposed construction. The investigation should include,
but not necessarily be limited to, the fol1owing tasks.
. The consultant shall prepare a Geotechnical Site Plan (1"= 10')
depicting slope gradients, locations of proposed improvements and
exploratory borings, and the distribution of earth materials
(alluvium, colluvium, and bedrock). In addition, the consultant shall
prepare geotechnicaVgeologic cross sections (1" = I 0') depicting
existing and proposed slope profiles, the probable thickness and
extent of surgical materials, locations of exploratory boreholes and
proposed improvements, and anticipated groundwater levels.
. The seismic setting of the property shall be characterized and seismic
ground motion parameters should be provided in accordance with
the 1997 Uniform Building Code for consideration by the structural
engineer in the design of the residence and retaining walls. The
consultant shall also provide estimates of anticipated total and
differential settlement.
20. Lot 1 shall connect a new building sewer at Chester Avenue in place of the
connection at Ten Acres Road.
21. Lot 2 shall connect a new building sewer at Via Tesoro Court.
22. Subdivision shall connect to San Jose Water Company prior to issuance of building
or plumbing pennits.
23. Per Santa Clara Valley Water District requirements, the owner shall show any
existing wells on the plans. The well(s) should be properly registered with the District
and either maintained or abandoned in accordance with District standards.
24, Applicant agrees to hold City harmless from an costs and expenses, including
attorney's fees, incurred by the City or held to be the liability of City in connection with
City's defense of its actions in any proceeding brought in any State or Federal Court,
challenging the City's action with respect to the applicant's project.
25. Noncompliance with any of the conditions of this use 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
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day of violation.
26. Construction must be commenced within 24 months or approval will expire.
27. All applicable requirements of the State, County, City and other Governmental
entities must be met.
Section 3. The application of Nagpal for Design Review approval is hereby granted
subject to the following conditions:
1. The development shall be located and constructed as shown on Exhibit "A",
incorporated by reference, and Exhibits "B" and "C" as submitted by appellants on June
30, 1999.
2. Prior to submittal for Building or Grading permits, the following shall be
submitted to Planning Division staff in order to issue a Zoning Clearance:
a) A finallandscapting and irrigation plan shall be submitted consistent with
the approved Exhibit "C". All landscaping and irrigation required pursuant to Exhibit "c"
shall be installed prior to final inspection.
b) Four (4) sets of complete construction plans incorporating this Resolution
as a separate plan page.
c) Four (4) sets of engineered grading and drainage plans, also incorporating
this Resolution as a separate plan page.
3. All recommendations of the City Arborist Report dated 12/10/98 shall be
followed. This includes, but is not limited to:
a) Prior to issuance of a Zoning Clearance:
· The Arborist Report shall be included as a separate page in the plan set and all
applicable measures noted on the site and grading plans.
· Protective chain link fencing shall be located in such a manner that it protects the
entire root unless otherwise noted. Fencing must be in place before any materials,
construction or grading equipment arrive on site and must remain in place until all
construction is completed, including cleanup operations, unless supervised by an
arborist certified by the ISA.
· The tree protective platform buffer for tree #2 shall be inspected by the City
Arborist prior to construction of the new path.
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· The applicant shall submit to the City, in a form acceptable to the Community
Development Director, security in the amount of $5,698 pursuant to the report of
the City Arborist to guarantee the preservation of trees on the property during
construction.
b) Prior to issuance of Grading and Building Permits:
· Tree protection fencing shall be inspected by the City Arborist.
· All other applicable tree protection measures shall be completed,
c) Prior to Final Inspection approval:
· The City Arborist shall inspect the site to verify that the tree maintenance and
protection measures have been followed in order to determine whether the tree
protection security may be released.
· Any outstanding City Arborist fees shall be paid.
4. All recommendations of the City Geotechnical Consultant shall be adhered to.
This includes, but is not limited to:
a) Prior to Zoning Clearance, the owner (applicant) shall pay any outstanding
fees associated with the City Geotechnical Consultant's review of the project.
b) Prior to issuance of a Grading Permit the project geotechnical engineer shall
review and approve all geotechnical aspects of the detailed site development plans (i.e"
site preparation and grading and design parameters for the proposed construction) to
ensure that his/her recommendations have been properly incorporated. The results of
these inspections and the as-built conditions of the project shall be described by the
geotechnical consultant in a letter and submitted to the City Engineer for review.
5. An approved residential fire sprinkler system shall be installed in the garage per the
City of Saratoga Ordinance. The designer/architect shall contact San Jose Water
Company to determine the size of service and meter needed to meet fire suppression and
domestic requirements.
6. No structure shall be permitted in any easement.
7. 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.
8. Any new pool constructed on the property shall be subject to site modification
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approval. Landscaping of the site shall substantially comply with the landscaping plan
submitted to the City Council on July 7, 1999.
9, Applicant agrees to hold City harmless from all costs and expenses, including
attorney's fees, incurred by the City or held to be the liability of City in connection with
City's defense of its actions in any proceeding brought in any State or Federal Court,
challenging the City's action with respect to the applicant's project.
10, 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.
11. Construction must be commenced within 24 months or approval will expire.
12. AU 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 21 st day of Jul y , 1999, by the following vote:
AYES:
Councilmembers Strei t, Mehaffey, V; ce Mayor Bogos; an, Mayor Shaw
NOES:
None
ABSENT:
Counc; 1 member Baker
ABSTAIN: None
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Mayor
ATIEST:
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August 2, 1999
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