HomeMy WebLinkAboutCity Council Resolution 01-001APPROVAL OF RESOLUTION NO. 01-001
RESOLUTION OF THE CITY COUNCIL OF SARATOGA
APPROVING TENTATIVE MAP NO. SD-99-003
Howell ~ McNeil, LLC; 20251 Saratoga-Los Gatos Road
VVHEREAS, 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 5
residential lots, all as more particularly set forth in File No. SD-99-003 of this City per
the revised exhibit marked "Exhibit A" and presented at the City Council meeting of
December 12, 2000; and
VVHEREAS, following consideration and approval of the subdivision by the
Advisory Agency on September 13, 2000, the decision of the Advisory Agency was
appealed by Lester Lee and Helen Lee in accordance Article 14-85 of the Saratoga City
Code; and
VV~HEREAS, 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
opportunity to be heard and to present evidence on November 15, 2000 and December
12, 2000 and considered and denied the appeal and considered and approved the
proposed subdivision following said hearing; and
WHEREAS, the City Council considered various modifications to the proposed
subdivision proposed by the applicant in plans submitted November 30, 2000,
showing 5 residential lots and a revised driveway alignment for lots 4 and 5, all as
more particularly set forth in File No. SD-99-003 of this City; and
VVTIEREAS, 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.
VqHEREAS, 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. The City Council of the City of Saratoga 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
are compatible with the objectives, policies and general land use and
programs specified in such General Plan, reference to the staff reports dated
August 9, 2000 and September 13, 2000 being hereby made for further
particulars; and
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 appeal of Tentative Parcel Map SD-99-003 is denied and the hereinafter
described subdivision, which map is dated November 30, 2000 and is marked Exhibit
in the hereinabove referred file, be and the same is hereby conditionally approved. The
conditions of said approval are as follows:
PLANNING
The development shall be located and constructed as shown on Exhibit "A",
incorporated by reference, with the exception that Pervious Pavers shall be utilized
in the driveways of Lot/~4 and Lot/~5, per the Arborist's report.
o
Prior to submittal of the Final Map to the City Engineer, the following shah be
submitted to the Planning Division staff in order to issue a Zoning Clearance:
a. Five (5) sets of complete improvement plans or Final Map incorporating this
Resolution as a separate plan page and containing the following revisions:
All applicable recommendations of the City Arborist shall be shown on the
improvement plans.
The Final Map shall contain a note with the following language: In the
event that buried archaeological resources are discovered, all work in the
area shall stop immediately and a qualified archaeologist shall be contacted
to inspect the discovery. In the event that it is demonstrated that the
discovery comprises an archaeological deposit which has not been
historically disturbed, it will be the responsibility of the project manager to
conduct necessary evaluative archaeological testing to demonstrate the
potential scientific significance of any such discovery before any plans for
mitigation of impacts are adopted by the City of Saratoga.
A storm water retention plan indicating how all storm water will be
retained on-site, and incorporating the New Development and Construction
- Best Management Practices. If all storm water cannot be retained on-site
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7.
10.
11.
12.
13.
due to topographic, soils or other constraints, an explanatory note shall be
provided on the plan.
The Arborist shall review and approve Improvement Plans prior to issuance of
permits.
Prior to approval of the Final Map, applicant shall submit an apphcation to place
the main residence on the Heritage Resources Inventory and supply historical
background for same.
The pedestrian pathway shall be installed per Exhibit 'W'.
A Landscape Maintenance Agreement and for the pedestrian pathway shall be
recorded with the Final Map.
No ordinance size tree shall be removed (with the exception of Tree #8 on Lot #1,
Trees #9 & 11 on Lot # 2, Tree #3 on Lot #3 and Tree #4 on Lot #5) without first
obtaining a Tree Removal Permit.
FENCING REGULATIONS - No fence or wail shall exceed six feet in height
and no fence or wall located within any required front yard shall exceed three
feet in height.
No structure shall be permitted in any easement, with the exception of the
pedestrian pathway, per Exhibit "A'.
Future development of Lots #1 through ~5 shall require Design Review approval.
Building sites and driveways shall be consistent with the approved building
envelopes and based on current Zoning Ordinance regulations and City policy. The
location of any structures on Lots 1-5 shall maximize tree preservation. The Design
Review application shall include a planting plan providing, inter alia, vegetative
screening of the Lot #4 and Lot #5 driveway from homes on the opposite side of
Carnelian Glenn Court and a tree replacement plan approved by the City Arborist
for any trees to be removed in connection with development of the driveway for
Lots #4 and ~5.
Applicant shall connect future sewer hookups to the West Valley Sanitation
District.
Applicant shall connect to San Jose Water Company.
Applicant shall coordinate with P,G & E in the development of the project plans.
CITY ARBORIST
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14.
15.
16.
17.
18.
19.
All recommendations in the City Arborist's Reports dated April 28, 2000, June 22,
2000 and June 13, 2000 shall be followed and incorporated into the plans. This
includes, but is not limited to:
ao
The Arborist Report shall be incorporated, as a separate plan page, to the
Improvement Plan set and the grading plan set and all applicable measures
noted on the site and grading plans.
Five (5) ft. chain link tree protective fencing shall be shown on the
Improvement Plan as recommended by the Arborist with a note "to remain in
place throughout construction." The fencing shall be inspected by staff prior to
issuance of a Grading Permit.
A note shall be included on the site plan stating that no construction equipment
or private vehicles shall park or be stored within the dripline of any ordinance
protected trees on the site.
Prior to issuance of a Grading Permit, the applicant shall submit to the City, in a
form acceptable to the Community Devdopment Director, security in the amount
of $29,697pursuant to the report and recommendation by the City Arborist to
guarantee the maintenance and preservation of trees on the subject site.
Prior to Final Map approval, two 36-inch box native trees shall be planted as
replacements. All 36-inch box trees shall have a trunk diameter of no less than 3-
inches. Diameters are measured 1 foot above grade.
Prior to Final Map approval, the City Arborist shah inspect the site to verify
compliance with tree protective measures. Upon a favorable site inspection by the
Arborist and, any replacement trees having been planted, the bond shall be released.
Any future landscaping shall be designed and installed in accordance with the
Arborist's recommendations.
A project arborist certified by the International Society of Arboriculture shall be
retained to (1) provide on site supervision during key aspects of construction of the
improvements for the purpose of preventing or minimizing damage to Ordinance-
protected trees and (2) provide regular written progress reports to the City of these
supervision functions as they occur.
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FIRE PROTECTION DISTRICT
20.
Future roof coverings shall be fire retardant, Uniform Building Code Class "A"
prepared or built-up roofing.
21.
Early Warning Fire Alarm System shall be installed and maintained in accordance
with the provisions of the City of Saratoga Code-Article 16-60 in all newly
constructed homes.
22.
Early Warning Fire Alarm System shall have documentation relative to the
proposed installation and shall be submitted to the Fire District for approval.
23.
Automatic sprinklers shah be installed in the newly constructed garages (2 heads
per stall). The designer/architect shall contact the San Jose Water Company to
determine the size of service and meter needed to meet fire suppression and
domestic requirements.
24.
Automatic sprinklers are required for the new residences. A 4-head calculated
sprinkler system is required. Documentation of the proposed installation and all
calculations shall be submitted to the Fire District for approval. The sprinkler
system shall be installed by a licensed contractor.
25.
The Developer shall install fire hydrants as determined by the Fire District. These
hydrants shall meet Fire District specifications and shall be accepted prior to the
construction of any building.
26.
All Fire Hydrants shall be located within a 500 ft. radius from the residence and
deliver no less than 100 gallons/minute of water for a sustained period of two hours.
27. All driveways shall have a minimum inside curve radius of 21 feet.
PUBLIC WORKS
28.
Prior to submittal of the Final Map to the Public Works Department 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 Public Works Department, all in
conformity with the Subdivision Map Act and the Professional Land Surveyors Act.
29.
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 Public
Works Department for examination. The Final Map shall contain all of the
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30.
31.
32.
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 Tide 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.
The owner (applicant) shall pay a Map Checking fee, as determined by the Public
Works Director, at the time of submittal of the Final Map for examination.
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.
The owner (applicant) shall submit engineered improvement plans to the Public
Works Department 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
Public Works Department 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. Carnelian Glen Court within the limits of subdivision shall be overlaid with 2" of
asphalt concrete.
b. Driveway approach from Saratoga-Los Gatos Road shall be removed.
33.
34.
35.
36.
The owner (applicant) shall underground all existing overhead utilities along
easterly side of Saratoga-Los Gatos Road from Carnelian Glen Court to the closest
joint pole towards Horseshoe Drive.
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.
The owner (apphcant) 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.
The owner (apphcant) shall furnish Improvement Securities in accordance with
Section 14-60.020 of the Municipal Code in the manner and amounts determined by
the Pubhc Works Director prior to Final Map approval.
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37.
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.
38.
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.
39.
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 City Engineer.
40.
The owner (applicant) shall pay the applicable Park and Recreation fee prior to
Final Map approval.
41.
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.
CITY ATTORNEY
42.
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.
43.
Noncomphance 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, hquidated damages of $250 shah be payable to this City per each
day of the violation.
SECTION 3. Construction must be commenced within 24 months or approval will expire.
SECTION 4. All apphcable requirements of the State, County, City and other
Governmental entities must be met.
PASSED AND ADOPTED by the City Council of the City of Saratoga, State of
California, this 3rd day of January 2001 by the following vote:
AYES:
STAN BOGOSIAN,JOHN MEHAFFEY, NICK STREIT, ANN WALTONSMITH
NOES: EVAN BAKER
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ABSENT:
ABSTAIN:
NONE
NONE
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