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HomeMy WebLinkAboutCity Council Resolution 00-07 RESOLUTION NO. nn-n7 RESOLUTION OF THE CITY COUNCIL OF SARATOGA APPROVING TENTATIVE MAP NO. SD-99-005 Azule Crossing; 12312 Saratoga-Sunnyvale Road WItEREAS, pursuant to the Subdivision Map Act of the State of California and the Subdivision Ordinance of the City of Saratoga an application was made and subsequently modified to the City of Saratoga for Tentative Map approval of 20 residential lots plus one private street and one commercial lot, all as more particularly set forth in File No. SD-99-005 of this City per the revised exhibit marked "Exhibit A" and presented at the City Council meeting of February 2, 2000; and WHEREAS, following consideration and approval of the subdivision by the Advisory Agency on November 10, 1999, review of that decision was initiated by the City Council of the City of Saratoga in accordance with section 2-05.030 of the Saratoga City Code; and WHEREAS, the City Council conducted a de novo public hearing on the matter at which time any person interested in the matter was given the full oppommity to be heard and to present evidence on December 15, 1999 and considered and denied the proposed subdivision following said hearing and voted on January 5, 2000, pursuant to section 2-10.110(f)(2) of the Saratoga City Code, to reconsider said denial on January 19, 2000; and WHEREAS, the City Council conducted further public hearings regarding the proposed subdivision on January 19, 2000 and February 2, 2000; and WHEREAS, the City Council considered various modifications to the proposed subdivision proposed by the applicant in plans submitted February 2, 2000 showing 20 residential lots plus one private street and one commercial lot, all as more particularly set forth in File No. SD- 99-005 of this City; and WHEREAS, the City Council reviewed and considered the staff report, minutes of proceedings conducted by the Planning Commission relating to the application, and all written and oral evidence presented to the City Council in support of and in opposition to the application. WHEREAS, the City Council has heretofore received and adopted the environmental Negative Declaration prepared for this project in accord with the currently applicable provisions of CEQA; and WHEREAS, the Advisory Agency and the City Council have conducted duly noticed public hearings in connection with this matter at which time all interested parties were given a full opportunity to be heard and to present evidence. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga, as follows: Section 1. After careful consideration of the matter, the City Council hereby finds that: 1. The proposed subdivision as modified (all subsequent references to the proposed subdivision refer to the proposed subdivision as modified February 2, 2000), 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, reference to the staff report dated October 27, 1999, Memorandum dated November 10, 1999, and staff report dated February 2, 2000 being hereby made for further particulars; and 2. 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 conditions as hereinafter set forth. Section 2. The Tentative Map for the hereinafter described subdivision, which map is dated February 2, 2000 and is marked Exhibit "A" with revisions, in the herein above referred file, be and the same is hereby conditionally approved. The conditions of said approval are as follows: 1. 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 comer 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. 2. 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 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 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. 2 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. 3. 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. 4. Interior monuments shall be set at each lot comer 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. 5. 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. 6. 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. The following specific conditions shall be included on the improvement plans: a. Saratoga-Sunnyvale Road shall be widened as required to provide a 42 foot minimum wide paved half street. b. Appropriate traffic control measures shall be included in the improvement plans for the purposes of limiting commercial development ingress and egress onto Saratoga- Sunnyvale Road to right mm only. c. Seagull Way shall be overlaid with 1.5" of Asphalt Concrete from Saratoga-Sunnyvale Road to Zorka Avenue. d. Existing curb, gutter, and sidewalk along Saratoga-Sunnyvale Road and Seagull Way within the limits of the subdivision shall be replaced as deemed necessary in the field by the Public Works Inspector. 7. 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. 8. 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 Final Map approval. 3 9. 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. 10. 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. 11. 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. 12. 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 subdivi- sion improvement construction. Copies of permits other than those issued by the City shall be provided to City Engineer. 13. The owner (applicant) shall pay the applicable Park and Recreation fee prior to Final Map approval. 14. 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 City Engineer. 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. Applicant shall deposit a $65,000 cash bond with the City prior to Final Map approval for funding of one-half the cost of the design and installation of the warranted traffic signal at the intersection of Saratoga-Sunnyvale Road and Seagull Way. If the cost of one-half the design and installation is less than $65,000, the difference will be refunded. If the cost of one half the design and installation is greater than $65,000, applicant will not be required to make any additional contribution. 17. The owner (applicant) shall underground all existing overhead utilities along the perimeter of the subdivision fronting Saratoga-Sunnyvale Road and Seagull Way. 18. The owner (applicant) shall install three (3) fire hydrants at locations to be determined jointly by the Fire Department and the San Jose Water Company. Maximum spacing shall be 250 feet, with a minimum single hydrant flow of 1500 GPM at 20 psi, residual. If hydrants exist, reflect their location on the civil drawing included with the building permit submittal. Required fees to be paid ASAP to prevent engineering delays. Prior to design the 4 project civil engineer shall meet with the fire department water supply officer to jointly spot the hydrant locations. 19. Required Fire Service and Fire Hydrant installations shall be installed tested and accepted by the Fire Department, prior to the start of framing. Bulk construction materials shall not be delivered to the site until installations are completed as stated above. Building permit issuance may be withheld until installations are completed. 20. Prior to project final inspection, the general contractor shall ensure that a "Blue dot" has been placed in the roadway as a Fire Hydrant Location Identifier, as directed by the Fire Department. 21. Fire access roads shall be paved in all weather surface with a minimum unobstructed width of 20 feet vertical clearance of 13 feet 6 inches, minimum circulating taming radius of 36 feet outside and 23 feet inside. Installations shall conform with Fire Department Standard Details and Specifications A-1. 22. The required width of fire access roadways shall not be obstructed in any manner. Parking shall not be allowed along roadways less than 28 feet in width. Parking will be allowed along one side of the street for roadways 28-35 feet in width. For roadways equal to or greater than 36 feet parking will be allowed on both sides of the roadway. Roadway widths shall be measured face to face of curb. Parking spaces are based on an eight foot wide space. 23. Required driveways and/or access roads up through first lift of asphalt shall be inspected and accepted by the Fire Department prior to the start of construction. Bulk combustible materials shall not be delivered to the site until installations are completed as stated above. Building permit issuance may be withheld until installations are completed. 24. Provide marking for all roadways within the project. Markings shall be per Fire Department specifications. Installations shall also conform to Local government Standards and Fire Department Standard Details and Specifications A-6. 25. The applicant shall install a PCC bus stop pavement pad (9' by 50') for the length of the bus stop consistent with VTA Bus Stop Pavement Details (Figure 26 and Technical Specification) 26. The existing 5-foot wide sidewalk should be widened to 10 feet along South Saratoga- Sunnyvale Road for the area between the intersection Saratoga-Sunnyvale Road/Seagull Way and approximately 12 feet past the existing tree in the sidewalk. An area of approximately 3 feet on either side of the tree can be left unpaved in order to provide adequate space for the tree. This should result in a continuous concrete area of about 20 feet north of the tree and another area about 9 feet south of the tree. This should allow sufficient space for a passenger waiting area for both doors of the bus. 27. A wheelchair curb ramp at the intersection of South Saratoga-Sunnyvale Road and Seagull Way shall be installed in compliance with the Americans with Disabilities Act (ADA) pedestrian access standards. A pedestrian signal phase and a crosswalk should also be considered for this intersection. 28. The applicant shall provide the City with evidence of an easement agreement between the property owner and the Southem Pacific Railroad for the continued use of the Railroad property now being used as on site parking. 29. 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. 30. 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. 31. 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. 32. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 3. All of the foregoing Conditions must be completed within twenty-four (24) months or this approval will expire. / / / / / / / / / / / 6 PASSED AdND ADOPTED by the City Council of the City of Saratoga, State of California, this 16th day of February, 2000, by the following vote: AYES: Councilmembers Waltonsmith, Baker, streit, Mayor Bogosian NOES: None ABSENT: Vice Mayor Mehaffey ABSTAdN: None Mayor ATTEST: City Clerk