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HomeMy WebLinkAbout10-05-1988 CITY COUNCIL AGENDAEXECUTIVE SUMMARY NO. MEETING DATE: 10 -5 -88 SARATOGA CITY COUNCIL ORIGINATING DEPT: Engineering I AGENDA ITEM �- CITY MGR. APPROVAL SUBJECT: Final Map Approval for Tract 7770 Chadwick Place, Oak Way & Chiquita Way (11 Lots) and Accept pen Space Easement Recommended Motion: Approve Resolution No. SD- 1368 -02, approving Final Tract Map 7770. Report Summary: This property is located in'N.H.R. zone. Developer has completed all conditions except water, in order to grant a Final Map approval, while at the same time preserving the City's right to enforce our normal conditions, a building restriction agreement will be executed by subdivider and recorded along with the Final Map. All fees have been paid. Fiscal Impacts: None. Attachments: 1. Resolution No. 1368 -02. 2. Report to Planning Commission. 3. Location Map & Tract Map. 4. C.C. & R. 5. Open Space Agreement. 6. Development Restriction Agreement. Motion and Vote: r RESOLUTION NO. 1368 -02 RESOLUTION APPROVING FINAL MAP OF TRACT 7770 WHEREAS, a final subdivision map of TRACT 7770 having heretofore been filed with this City Council for approval, and it appearing that all streets, public ways and easements shown thereon have not been satisfactorily improved nor completed, and it further appearing that otherwise said map conforms with the require- ments of Division 2 of Title 7 of the Government Code of the State of California, and with all local ordinances applicable at the time of approval of the tentative map and all rulings made thereunder, save and except as follows: NOW THEREFORE BE IT RESOLVED: (1) The aforesaid final map is hereby conditionally approved. Said approval shall automatically be and become unconditional and final upon compliance by subdivider with such requirements, if any, as set forth immediateiy above as not yet having been complied with, and upon compliance with Section (3) hereof. (2) All street dedications, and all other dedications offered on said final map (except such easements as are declared to be accepted by the terms of the City Clerks certificate on said map), are hereby rejected pursuant and subject to Section #66477.1 of the Government Code of the State of California. (3) As a condition precedent to and in consideration of the future accept- ance of any streets and easements not by this resolution now accepted, and as a condition precedent to the City Clerk certifying the approval and releasing said map for recordation, the owner and subdivider shall enter into a written agreement with the City of Saratoga, secured by good and sufficient surety bond or bonds, money or negotiable bonds, in amount of the a -1- estimated cost of improvements, agreeing to improve said streets, public ways and easements in accord with the standards of chap. 14, Municipal Code as amended and with the improvement plans and specifications presently on file, and to maintain the same for one year after completion. The form and additional terms of said written agreement and surety bond shall be as heretofore adopted by the City Council and as approved by the City Attorney. The mayor of the City of Saratoga is hereby authorized to exe- cute the aforesaid improvement agreement on behalf of said city. (4) Upon compliance by subdivider and /or owner with any remaining require- ments as set forth in the preamble of this resolution (if any) and with the provisions of Section (3) hereof, the City Clerk is authorized and directed to execute the City Clerk's certifica.te as shown on said map and to transmit said map as certified to the Clerk of the Santa. Clara County Board of Supervisors. The above and foregoing resolution was duly and regularly introduced and passed by the City Council of the City of Saratoga on the day of 19 , by the following voter AYES: NOES: ABSENT: ATTEST: CITY CLERK MAYOR SUMMARY OF FEES & BONDS ENGINEERING DEPARTMENT TRACT NO 7770 SD NO i Storm Drain Fees $12,100.00 Park & Recreation Fees $14,300.:00 Plan Check & Inspection Fees $45,760.00 Final Map Check Fees $ 750.00 f ti •.0 �wha� U,, so ►tee,. CITY of = ARATOGA REPORT TO PLANNING COMMISSION Report Written: City of Saratoga rev. rev. APPROVED BY: pMy• rev. DATE: Commission Meeting: INl i ir:l5: rev. 10/19/79 1/3/80 1/9/80 ** 1/18/80 * ** 2/7/80 * * *� 2/13/80 2/13/80 * * * *' SUBJECT SD -1368 Allen Chadwick & Anthony Cocciardi, Old Oak and Chiquita Way, Tentative Map Approval - 11 Lots -------------------------- --- ---- ------ ----- -- - - - -- -- PROJECT DESCRIPTION: The applicant is requesting tentative map approval for 11 lots at the ends of Old Oak and Chiquita Ways on a 51.5 acre parcel in the HC -RD zoning district. Five of the originally pro - posed lots have been removed due to the City Council interpretation of the HC -RD zoning ordinance. Generally, the hillside site is characterized by moderately steep to steep hillside topography with an average slope of 40 %. The City Geologist has approved the map for Commission tentative map approval; however the geolo- gical analysis has been substantially approved. The map proposed to extend the Old Oak and Chiquita Way cul -de -sacs. Both will have over 15 houses accessing onto them so secondary access will be required. The Public t•?orks Conditions reflect simultaneous construction of access to Mt. Eden and Comer Drive for the secondary access. ** The portion of the proposed roadway through Tract 3932, not presently owned by the applicant, is to be altered and paved by the applicant. t ** A map showing additional detail and the revised Old Oak Road configuration as discussed at the Committee -of -the -Whole of January 29, 1980 has been submitted. All of the proposed structures are conditioned with Design Review and are to be placed according to the Site Development Plan. Water for fire protection is to be provided through the proposed water assessment district The proposed lots range from 1.1 to 13.9 acres in size with the required depths, widths and frontages. The two cul -de -sacs will be over the ordin- ance required 400' length from which the Planning Commission has the right to deviate. PROJECT STATUS: An Environmental Impact Report was certified by the Planning Commission as adequate on June 13, 1979. A Notice of Determination will be filed with the County of Santa Clara Recorder's Office when this project is approved. FINDINGS: Said project complies with all objectives of the 1974 General Plan, and all requirements of the Zoning and Subdivision Ordinances of the City of Saratoga. The Planning Commission is responsible for making the necessary findings according to Section 21081 of the California Environmental Quality Act, The Commission must make one or more of the following findings with rxhibit "D ", in addition to the previous findings. (a) Changes or alterations have been required in, or incorporated into, such project which mitigate or avoid the significant environmental effects thereof as identified in the completed environmental impact report. Report to Planning Cc Assion SD -1368 Chadwick & Cocciardi 2/7/80 Page 2 (b) Such changes or alterations are within the responsibility and jurisdiction of another public agency and such changes have been adopted by such other agency, or can and should be adopted by such other agency. (c) Specific economic, social, or other considerations make infeasible the mitigation and measures of project alternatives identified in the environmental impact report. * ** The Staff Report will recommend approval of the tentative map for SD -1368 .(Exhibit "B -7" filed February12, 1980) subject to the following conditions: I. SPECIFIC CONDITIONS - DEPARTMENT OF PUBLIC WORKS 1. Standard Engineering Conditions. * ** 2. Street improvements on 50 foot right -of -way to be 26 feet. (Improve- ments may be altered per approval of the Planning Commission prior to final map approval.) Chiquita Way is to be built to full standards in conjunction with Phase I. These improvements include the portion of Old Oak Way within Tract 3932. 3. Provide temporary secondary accesses from both Old Oak Way and Chiquita Way along route to be adopted in the near future by the City Council in their review of the Western Hillside Circulation alternatives. The applicant shall obtain the necessary right -of- ways and construct these access roads to minimum access road stan- dards. Shown on Improvements on the Plans (Emergency Access). 4. Provide adequate sight distance at all driveway and street inter- sections as approved by the Director of Public Works. With Building Permit. 5. The "structural section" of the road bed of all streets is to be 125% of the "gravel equivalent" as determined by standard design practice. All requirements of Exhibit "D" are to follow as they apply to roadway design and construction operations and procedures. Submitted. 6. Construct storm line as per Master Drainage Plan and as directed by the Director of Public Works. Shown on Improvement Plans. 7. Comply with all storm drainage, siltation, and erosion control measures required in Exhibit "D" including but not limited to the provisions for: energy dissipaters and siltation basins. Shown on Improvement Plans. II. SPECIFIC CONDITIONS - DEPARTMENT OF INSPECTION SERVICES 1. A final geotechnical report for the subdivision shall be submitted and approved prior to final map approval. Report shall include pavement design parameters. Done. 2. Soil and foundation reports required for each lot. Soils engineer shall review plans for all proposed on -site work and structures for siting, grading, drainage, foundation structures and erosion contro: Any geotechnical corrective measures for lots shall be addressed. Letter from soils engineer certifying he has done this review and that the plans are consistent with the geotechnical report is required prior to issuance of any grading or building permits. 3. Detailed on -site improvement plans required for each lot prior to issue of building /grading permits. elan shall include: a. Grading (limits of cuts and fills; slope rates; cross - sections; existing and proposed elevations; and earthwork quantities). b. Drainage details (conduit type, slope outfall location etc., Sub - surface drainage shall be considered). Private storm drain easements may be required prior to final map approval. 14 ToPlanning Cc Mission 'Planning 66 Chadwick & Cocciardi C. Retaining structures (by licensed designer). 2/7/80 Page 3 d. Erosion control measures. 4. Soils engineer shall inspect and approve all excavation and grading operations. A written report of this is to be submitted to the City prior to final inspection of all structures. Report shall include accurate "as- built" information including foundation soil types /locations and dimensions of foundation structures. 5. No grading shall be undertaken after September 30 and before May 1. Excavations shall be winterized prior to November 1. 6. All grading is to be sloped and contoured to match existing terrain. Cut and fill slopes shall be no steeper than 3:1 except as specifi- cally approved by City. Erosion control to be provided on all disturbed slopes. 7. Single Family Dwellings to be equipped with security and fire detection devices as required by City. * ** 8. CC &R's and open space maintenance agreement shall contain require- ments for Homeowners Maintenance Association to preserve and main- tain open space and off -site minimum access road in good condition to prevent and correct erosion, runoff and /or slope stability problems. 9. All corrective grading shall be accomplished in accordance with City Geologist requirements. 1 10. Private utility structures to be appropriately designed and con- structed for hillside installation. III. SPECIFIC CONDITIONS - CUPERTINO SANITARY DISTRICT 1. Sanitary sewers to be provided and fees paid in accordance with requirements of Cupertino Sanitary District as outlined in letter dated May 15, 1978. Bonded with Cupertino Sanitary District. IV. SPECIFIC CONDITIONS - SARATOGA FIRE DEPARTMENT with buildings. 1. Property is located in a potentially- hazardous fire area. Prior to issuance of building permit, remove combustive vegetation as specifi ed. Fire - retardant roof covering and chimney spark arrestor details shall be shown on the building plan. (City Ordinance 38.38 and Uniform Fire Code, Appendix E). 2. Construct driveway 14 feet minimum width, plus one -foot shoulders using double seal coat oil and screening or better on 6 inch aggre- gate base from public street or access road to proposed dwelling. Slope driveway shall not exceed 12'8 without adhering to the following: a. Driveways having slopes between 12.h% lto 158 shall be surfaced using 2'" of A.C. on 6 inch aggregate base. b. Driveways having slopes between 158 to 1 -78 shall be surfaced using 4" of P.C.C. concrete rough surfaced on 4 inch aggregate base and shall not exceed 50 feet in length. I C. Driveways with greater slopes or longer length will not be accepted. 3. Construct a turnaround at the proposed dwelling site having a 32 foot inside radius. Other approved type turnaround must meet requirements of the Fire Chief. Details shall be shown on building plans. .report to Planning Cc mission 2/7/80 SD-1368 Chadwick & Cocciardi Page 4 4. Driveway shall have a minimum inside curve radius of 42 feet. 5. Provide a parking area for two (2) emergency vehicles at proposed building site, or as required by the Fire Chief. Details shall be shown on building plans. 6. Extension of existing water system adjacent to site is required for fire protection. Plans to show location of water mains and fire hydrants. 7. Proposed dwelling must have a minimum recognized water supply capa- ble of delivering 1,000 gallons per minute for two (2) hour(s). Thi: is based upon the Insurance Service Office grade for determining a required Fire Flow to maintain a Grade Five (5) rating. Minimum required fire flow for the subject facility shall be 1,000 gallons per minute from any three hydrants flowing with 20 psi residual. San Jose Water Works will provide (not done). 8. Provide 15 foot clearance over the road or driveway (vertical) to, building site. Remove all limbs, wires or other obstacles. 9. Developer to install 6 hydrants that meet Saratoga Fire District's specifications and deposit $1,170.00 to cover hydrant rental for a period of five (5) years. Hydrants to be installed and accepted prior to issuance of building permits. 10. Developer to deposit a fee of $10.000 per hydrant for a total of $60.00 prior to issuance of building permits. V. SPECIFIC CONDITIONS - FANTA CLARA COUNTY HEALTH DEPARTMENT 1. Sewage disposal to be provided by sanitary sewers installed and connected by the developer to one of the existing trunk sewers of the Cupertino Sanitary District. Prior to final approval, an adequate bond shall be posted with said district to assure completior of sewers as planned. Done. 2. Domestic water to be provided by San Jose Water Works. VI. SPECIFIC CONDITIONS - SANTA CLARA VALLEY WATER DISTRICT 1. Applicant shall, prior to final map approval, submit plans showing the location and intended use of any existing wells to the Santa Clara Valley Water District for review and approval. No wells. VII. SPECIFIC CONDITIONS - COMMUNITY SERVICES * ** 1. Dedicate 15' trail easement and improve as approved by Parks and Shown on Tract Recreation Commission (in conjunction with public right -of -way where Map & Improve - possible) . ment Plans Easement required as approved by Parks & Recreation Coamission 1/80 2. Trail grading to be done by developer prior to issuance of building permit per requirements of Parks and Recreation Commission. Pathway to be comparatively level from side to side and unobstructed. * * ** 3. Prior to issuance of building permits, comply with criteria for the keeping of horses (to be established by the Planning Commission prior to Final Approval). VIII. SPECIFIC CONDITIONS - PLANNING DEPARTMENT 1. Prior to final approval, submit CC &R's which state: Done.(see attached) a. No recreational courts are allowed. b. Residences require Design Review Approval. Individual house design to be evaluated on the basis of compatibility with the physical environment and compliance with Site Development Plan. Complete plans for all on -site grading to be included in eval- uation. All grading to be contoured so as to form smooth transitions. All grading to be smooth transitions between natural and man -made slopes. Report to Planning Co Ossion 2/7/80 SD -1368 Chadwick & Cocciardi Page 5 C. Fences, walls and hedges are allowed only per City of Saratoga's HC -RD zoning district regulations "proximate to the principal structure and in no event to enclose or emcompass an area in excess of 4,000 square feet. See C.C. & R. * ** d. Pools on lots to be placed on slopes of thirty (30) percent or less and are subject to Staff Design Review to insure reasonable placement in relation to the site's physical characteristics and City Planning Criteria. Decisions of Staff may be appealed to the Planning Commission through the Design Review Process. See C.C. 0 R. e. Equestrian trails are located on Lots 3,4,5,6,9,10, and 11. Shown on Tract Map. These CC &R's are not to be amended without written consent of the City of Saratoga and are enforceable by the City. 2. Design Review Approval of all structures and landscaping required prior to issuance of permits, per HC -RD Ordinance. 3. Design Review Approval for the following is required prior to Final Subdivision Approval: Done by P.C. a. Treatment of trail easement. b. Design of any retaining walls over 3 feet in height. * ** C. Landscaping for graded areas, with slopes of 2.5:1 of flatter and exceeding 20 ft. in height (toe to top) or with slopes steeper than 3:1'and exceeding 10 feet in height (toe to top), and landscaping for areas in which combustive vegetation is required to be removed. * ** 4. Site Development Plan for each lot to be reviewed for conformance tc Tentative Map and approved by the Planning Commission prior to issuance of building permit. Any modifications shall be subject to Planning Commission approval. 5. Comply with special architectural mitigation measures for the residences as previously approved by the Planning Commission prior to issuance of building permits. 6. All cu-!- . and fill slopes shall be of such material as to fully sup- port landscaping. 7. No single retaining wall to be more than 5 feet in exposed face height. 8. Cuts for driveways, visible from viewshed, shall be hidden behind houses and /or screened. 9. Applicant shall comply with Mitigation Measures attached and include on tentative map (Exhibit "D ", Section (a). 10. Scenic easements to be shown on Final' Maip and dedicated to a public entity per the following written statement: Done (See Attached) We hereby dedicate to the City of Saratoga easements for permanent open space on and over these certain areas designed as "Scenic Easement" on the written map, which• arie to;be kept open and free from building and structures and other improvements (including ornamental landscaping, fencing and decks), but subject to the rights, limitations, powers and obligations as set forth on that certain Scenic Easement Agreement dated and which is being recorded concurrently erewith. Report to Planning Cc Ossion , 2/7/80 SD -1368 Chadwick & Cocciardi Page 6 11. Enter into Scenic Easement Agreement with the City for the scenic easements prior to Final Map Approval. Neither the CC &R's nor the Scenic Easement Agreement are to be amended without the written consent of the City of Saratoga and they are to be enforceable by the City. 12. Tree removal prohibited unless in accord with applicable City Ordinances. * ** 13. All street names to be checked and approved by County Communications prior to Final Map Approval. Approved: P. C. Agenda: 2/13/80 KK /clh SD -1368 EXHIRTT "n" (a) Changes or alterations have been required in, or incorporated into, such project which mitiqate or avoid the significant environmental effects thereof as identified in the completed environmental impact report. GEOLOGY & SOILS Conform to recommendations of Geotechnical Consultant as to further study and correction of soils /geologic problems. A licensed geologist and engineer should be retained to review and approve final plans and all earth- moving on site. Chiquita Way Contour grade all slopes no steeper than 2.5:1. If this is not sufficient for construction a retaining wall should be put up. Do not locate structures for human occupancy within 50 feet of the shear zone (see figure 5) without further study of this zone. All cuts and fills should be immediately replanted upon completion of grading to minimize or prevent erosion. Positive surface drainage is to be provided adjacent to residences so as to direct surface water away from foundations of the buildings into closed pipes which lead to suitable discharge facilities. Drain- age and maintenance guidelines in the geotechnical report should be followed. To reduce erosion, no concentrated water should be allowed to flow across any slopes. All fills are to be engineered and approved by the soil and foundation engineer. Recommended by the City Geologist: Provide details of corrective measures on the site prior to final map approval grading, using a 20 -scale map. Details for any subdrain system must be developed and approved by the City Geologist. The details of the corrective shear key if any to be reconstructed on the site should be developed and approved by.the City Geologist. The extent of stabilization of Chiquita Way from Station 1 +00 to Station 4 +75 should be finalized prior\to final map approval. Shown on Impovement Plans. The recommendation of the applicant's consultant' and the above recommendations should be completed prior to approval of the final map. Done. Plans to stabilize watercourses should conform to the design goals of the City's General Plan. Rip -rap should be avoided. "Require the subdivider to perform all eoloQic stabilization work needed to create a stable build prior to the sale of the land" or y open space e ication ' prevent use t ereo Re uire that the man - placed till on Lot 13 be removed. Shown on Improvement Plans. Sp -1368 Exhibit "D'10 Page 2 SEISMICITY Design all buildings according to the seismic design criteria in the 1976 Uniform Building Code. This should significantly reduce the hazards due to a major seismic event. Repair all landslides and conduct grading as indicated in the Geology section of this report. This would keep landslide areas as stable as possible, even under strong seismic shaking. �5How,.kj oN p!Aivs Design drainage as indicated in the Geology section of this report to prevent landslide areas from becoming saturated. Do not allow building sites on or adjacent to any known or suspected active or old landslide masses unless stability is demonstrated. To reduce hazards further, attach water heaters to building frameworks. Install manual shut -off valves for branch gas lines to reduce potential fire hazard. Use flexible conduit material for buried utility lines. HYDROLOGY The applicant should evaluate the capacity and legal status of the storm drain which exists in Subdivision 5461 north of Chiquita Play. The storm drain should be improved to accept the increased runoff from the proposed subdivision. In order to reduce erosion and consequent siltation of the creeks, all grading should be done during the May - September dry period. Revegeta- tion of the site should be initiated as soon as possible following grading on any portion of the site but in no case should unvegetated graded areas be left exposed to the winter rains. The steeper surfaces should be hydromulched, and all revegetation should be watered until well established. A landscape architect should be retained to plan and supervise all revegetation. An inspection of the site by the land- scape architect should be made at periodic intervals up to two years following grading to determine if the revegetation is successful and to report the results to the City. The applicant should be required to post a bond with the City to ensure that the above recommendations are carried out. In order to reduce erosion, surface drainage should be carefully designed to prevent runoff from flowing over slopes towards housing sites. The drainage plan for each housing site should be planned and supervised by a licensed engineer and inspected by the City. The drainage from any one lot should not be designed to direct runoff uncontrolled onto any other lot. Catch basins and silt basins should be provided at properly spaced intervals on the roads of the site to control the flow of water down them. Energy dissipaters should be provided for all conduit outfalls which carry runoff to the creeks. i Drainage conduits from the proposed lots` and from the roads should be constructed down to the creek channels and not be constructed to empty onto the ravine slopes. Erosion control measures should be provided along the creek channels where active scour of the channel and banks is occurring. A landscape architect and engineer should be retained to plan and supervise the necessary erosion control methods to the satisfaction of the Department of Public Works. )it "D' 0 drologic impacts of this development and cumulative effects in the basin and design and construct drainage system appropriately. Soil studies should be made of each building site. Drainage condition: including seeps and springs on each lot, should be carefully evaluated The soils engineer should make recommendations regarding the location of housing pads with regard to seeps and groundwater problems and the type of construction required to mitigate possible groundwater problem: To reduce siltation of the creeks, allow no dumping of earth into the creek channels or onto adjacent valley slopes. ECOLOGY Suggested by this Report: Require that all owner and developer - installed landscaping be plant species native to northern California and drought resistant. * * ** Require that horse trails be kept at least 50 feet away from water- courses and that stream crossings be kept to a minimum. NOISE Limit construction hours to between 8:00 a.m. and 5:00 p.m. from Monday to Friday. LAND USE & PLANNING Suggested by this Report: Require the applicant to dedicate appropriate trail easements through the porperty, and to improve them to the satisfaction of the City Engineer. (Such easements are to revert to property owner if City does not accept the dedications.) FIRE SERVICES Require that brush clearance around the buildings in excess of 30 feet be accomplished if deemed desirable by the Fire Chief. Require brush clearance along the driveway to Lot 4 to the satisfac- tion of the Fire Chief. Require that landscaping plans for the houses (on Lots 3, 4, 5, 7, 8, and 16) use low -fuel vegetation and that the landscaping plans be approved by the Fire Chief. Require the subdividers to contribute land and /or money in proportion to the size of each subdivision towards the bxpense of providing a new fire station. WATER Require the applicant to join the proposed specIial water district in the area and participate in the financing of the new water storage tank needed to serve houses above 840 feet. ,SD -1368 Exhibit "C i / Page 4 Proposed as Park of the Project: The developers of the subject parcels have joined with adjacent landowners to establish a special water district that would provide adequate fireflow and domestic water supply as well as the appropriate system appurtenances to the sites. Suggested by this Report: Require that water heaters be located as close as possible to fixture outlets and insulate water pipes to reduce water wasted while residents wait for hot water from water lines. Provide home buyers with lists of drought- resistant vegetation native to northern California to reduce or eliminate landscape irrigation needs. TRAFFIC & CIRCULATION Suggested by this Report: Require that the project be developed simultaneously with property to the north and west so that through roads can be constructed and long cul -de -sacs avoided. This mitigation is consistent with current Plannir Commission policy. (Conditioning simultaneous roadway construction is considered consistent with the mitigation measures.) * ** Modify the intersections of Old Oak Way /Pierce Road and Padero Road/ Pierce Road by lighting the intersection at night. Shown on Improvement Plan Require the subdividers to contribute a proportional share of the cost of making the recommended improvements to the Pierce Road /Route 85 intersection. N.A. Require the subdividers to join any road maintenance district if it should be found to be necessary. Require the subdividers to participate on a pro -rata basis in the capital cost of required major traffic, flood control or fire improve- ments (including Pierce Road improvements, a new fire station, drainage improvements for Calabazas Creek, water and sewer improvements) Revise site plans to show a turnaround on all driveways longer than 100 feet. ARCHAEOLOGICAL & HISTORIC RESOURCES If subsurface archaeologic remains are uncovered during grading, halt all work for 30 meters around the site and retain a qualified archaeolo- gist to evaluate the find and recommend further mitigation. * ** (b) Such changes or alterations are within the responsibility and juris- diction of another public agency and such changes have been adopted by such other agency, or can and should be adopted by such other agency. After the fuel management program is approved by the City, implementation of the program should be required of the homeowners on Lots 3, 7, 8, 9, 10, and 11. i Require the subdivider to develop'a ftiel °management program for the brushland areas of the site. This program should be designed by fire management specialists in consultation with the Saratoga Fire District. Such a program could involve either large -scale mechanical brush clear- ing and revegetation or prescribed burning. The mechanical brush clear- ing would have adverse secondary ecological effects; the prescribed burning (excluding poison oak) would increase the habitat value of the land affected for native plants and wildlife. After the fuel manage- /68 Exhibit "D" At 'J? fie 5 mO 9. ment program is approved by the City, implementation of the program should be required of the homeowners on Lots 3, 4, 5, 7, 8, and 16. (c) Specific economic, social, or other considerations make infeasible the mitigation and measures of project alternatives identified in the environmental impact report. Require that all houses have well lighted entrances which are visible from the street and that all doors be equipped with dead -bolt type locks. To reduce hazards further, provide firm anchorage of light fixtures, panel walls and architectural decoration to structures. " * * ** Require that the keeping of horses be restricted to lots which have one acre of level land (less than 58 slope) and that paddock areas not be traversed by water courses. For steeper areas, and those larger than one acre of land, horses should be limited to grazing areas large enough to provide an adequate food supply (about seven acres). I i 0 e O •• 1 n 1 a • -,��Im - TTAc-r -7770 1; 0 rrrr_, 13� 'asTtRit C II.! •Q,�� / II r 3 q 0 E .t . G � t 44 r� a LM. tL. When recorded, return to: Caroline Cocciardi 19240 Mountain Way Los Gatos, CA 95030 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS This declaration is made and dated this day of , 1988, by Allen L. Chadwick and Barbara Chadwick, Carol Cocciardi an Cocciar Corporation - a California corporation, hereinafter referred to as "Owner." Said Allen Chadwick, Barbara Chadwick, Carol Cocciardi and Cocciardi Corpora- tion - a California corporation, are the owners of that certain real property situated in the City of Saratoga, County of Santa Clara, State of California and is more particularly described as follows: Lots 1 - 11 as said Lots are shown on that certain Map entitled - "Tract No. 7770, "which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on , 198 in Book of Maps, at Pages • WHEREAS, said OWNER is about to sell property shown on said Map, which they desire to subject to certain covenants, conditions and restrictions and agree- ments between themselves and the purchasers of said property as hereinafter set forth: NOW THEREFORE said OWNER hereby establishes the general plan for the protection of said real property and fixes the protective conditions and restrictions subject to which all lots described above shall be held, leased or sold and /or conveyed by it as such owner and shall inure and pass with said real property for the benefit of said successors in interest of the present owners and are imposed upon said realty as covenants running with the land and as equitable servitude in favor of each and every lot as dominant tenement or tenements as follows to wit: 1. LAND USE AND BUILDING TYPE LOTS 1 - 11 in said tract of land shall be known and described as single family residential lots. No new structure shall be erected, placed or permitted on any lot or portion thereof other than one detached single family dwelling not to exceed two (2) stories in height with private garage for not more than four (4) cars. The word "lot" herein used refers to one or more of the numbered lots as delineated on the tract within which the above described real property is located. 2. DWELLING COST, QUALITY AND SIZE: No residential dwelling shall be permitted on any lot at a cost of less than $300,000.00 based upon cost levels prevailing on the date these covenants are recorded, it being the intention and purpose of the covenants to assure that all dewellings shall be of a quality of workmanship is and materials substantially the same or better than that which can be produced on the date these covenants are recorded at the minimum cost stated herein for • the minimum dwelling size. The main structure shall not be less than 3,500 square feet for a dwelling of more than one - story, subject, however, to compliance with the ordinances of the City of Saratoga. 3. BUILDING LOCATION: Buildings shall be placed on lot as permitted by applicable zoning regulations of the City of Saratoga, and in accordance with the site plan for the lot as approved by the City. 4. EASEMENTS: Easements for the installation and maintenance of utilities, drainage facilities and equestrian trails are reserved as shown on the recorded map. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interefere with the installa- tion and maintenance of the utilities or which may change the direction or flow of drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which the public authority or utility company is responsible. The owners of Lots #3 and #9 shall be responsible for the maintenance of drainage facilities and common driveway for said lots. The owners of Lots 1, 2, 10, and 11 shall be responsible for maintenance of the emergency access road connecting Old Oak Way to Mt. Eden Road. 5. CITY REQUIREMENTS: (A) Residential recreational courts shall not be allowed. • (B) Residences shall require design review approval by the City of Saratoga. (C) All swimming pools shall be required to have the approval of the City of Saratoga and shall be placed on slopes 30% or less. (D) Fences and walls shall comply with the City of Saratoga regulations. 6. NUISANCES: No noxious or offensive activity shall be carried upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. 7. COMMERCIAL VEHICLES: No.vehicles shall be kept or stored upon any of said lots other than those vehicles primarily and currently used for transportation of persons other than for hire, unless it be kept or stored in an enclosed garage when not in use. No such vehicle owned or in the possession of or under the control of any resident in said subdivision shall be parked overnight on any street within said subdivision. 8. TEMPORARY STRUCTURES: No structure of a temporary character, trailer, base- ment, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently, provided that, subject to approval of City of Saratoga, a temporary office, trailer office, tool shed, lumber shed and /or sales office may be maintained on any lot or lots by any buidling contractor for the purpose of erecting and selling dwellings on any lot or lots but such temporary structure shall be removed at the completion of construction. No trailer or boats of any type or size shall be kept or stored nearer than 25 feet from any street property line for a period of time exceeding forty -eight (48) hours, unless within a garage. • 9. SIGNS: No sign of any kind shall be displayed to the public view on any lot except one sign of not more than five (5) square feet, advertising the property for sale or rent, or signs used by a building contractor to advertise the property during construction and sales period. 10. OIL AND MINING OPERATIONS: No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil well tanks, tunnels, mineral excavations, or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot. 11. ANIMALS: No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot except that dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for commercial purpose. It is hereby required that the keeping of pleasure horses be restricted to lots which have one (1) acre of level land (less than 5 percent slope) and that paddock areas not be traversed by water courses. 12. GARBAGE AND REFUSE DISPOSAL: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in covered sanitary containers. All equipment for the storage of such material shall be kept in a clean and sanitary condition at least 25 feet from • the street. 13. SIGHT DISTANCE AT INTERSECTIONS: No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadway shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 50 feet from intersection of the street lines, or in the case of a rounded property corner from the intersection of the street lines extended. The same sight line limitations shall apply on any lot within 10 feet from the intersection of a street property line with the edge of a driveway. No trees shall be permitted to remain within such distance of such intersections unless the foilage line is maintained at sufficient height to prevent obstruction of such sight line. 14. ANTENNAS: No aerial antennas of any type, including, but not limited to, antennas used for amateur radios, televisions, FM radios or AM radios, or similar structure, shall be erected or maintained on or about any lot or any portion of any improvement unless approved by the Architectural Control Committee. 15. SOLAR HEATING EQUIPMENT: No solar heating equipment of any type shall be placed or installed upon any structure located on a lot without prior approval of the Architectural Control Committee. 16. ARCHITECTURAL CONTROL: No building shall be erected, placed or altered on any lot until the construction and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of external design with existing structures and as to location with respect to topography and finish grade is elevations. The Architectural Control Committee is composed of Allen Chadwick, 13539 Mandarin Way, Saratoga, CA 95070; Anthony Cocciardi, 22361 Mount Eden Road, • Saratoga, CA; and Caroline Cocciardi 19240 Mountain Wa y, Los Gatos, CA 95030. A majority of the committee may designate a representative to act for it. In the event of death or resignation of any member of the Committee, the remaining members shall have full authority to designate a successor. Neither the members of the Committee, nor its designated representative shall be entitled to any compensation for service performed pursuant to this covenant. Upon the first anniversary of the Public Report for the sale of the lots referred to above or when ninety percent (90 %) of the lots referred to above have been sold by the undersigned, the then owners of record of a majority of the lots shall have the power through a duly recorded written instrument to change member- ship of the Committee or to withdraw from the Committee or restore to it any of its powers and duties. The original members of the Committee can resign at any time, and a majority of the owners of record of the lots referred to above, may appoint their successors. 17. PROCEDURE: The Committee's approval or disapproval as required in these covenants shall be in writing. In the event the Committee, or its designated representative fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, or in the event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to be satisfied. • 18. TERM: These covenants are to run with the land and shall be binding on all parties claiming under them for a period of thirty -five (35) years from the date these covenants are recorded, after which time said covenants shall be automatically for successive periods of ten (10) years, unless an instrument signed by a majority of the then owners of the lots has been recorded agreeing to change, supplement or rescind said covenants in whole or in part. 19. ENFORCEMENT: Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenants, either to restrain violation or to recover damages. 20. SUBORDINATION: It is further provided that breach of any of the conditions contained herein or of any reentry by reason of such breach, shall not defeat or render invalid the lien of any mortgage of deed of trust made in good faith and for value as to said premises or any part; but said conditions shall be binding upon and effective against the owner of said premises, whose title thereto is acquired by foreclosure, trustee's sale, or otherwise. 21. SEVERABILITY: Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 22. This declaration may not be amended or repealed without the prior written consent of the City of Saratoga. The provisions of this declaration may be enforced by the City of Saratoga. • 23. In the event the Declarant shall convey all of its rights, title and interest to any partnership, corporation or corporations, individual or individuals, in and to the real property described herein, then Declarant shall be relieved of the performance of any further duty or obligation here- under, and such new owner shall succeed to all of the rights, powers, reserva- tions, obligations and duties as though it had originally been named herein as Declarant. Y r • IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seal the day and year first herein written. ALLEN L. CHADWICK BARBARA CHADWICK CAROL COCCIARDI, AND COCCIARDI CORPORATION, A CALIFORNIA CORPORATION CAT. NO. NNO0627 TO 1944 CA (9 -84) (Individual) TICOR TITLE INSURANCE STATE OF CALIF RNIA COUNTY OF ,L SS, On ally , personally known to me or proved to me on the basis of satisfactory evidence to be the person.L-)whose name subscribed to the within instrument and acknowledged that exe- cuted the same. WITNESS my hand and official seal. Signature CAT. NO, NNO0737 TO 1945 CA (7 -82) (Corporation) STATE OF CALIF RNI COUNTY OF } SS. i ���On before said State, personally appeared personally known to me or proved to �the of satisfactory evidence to be the person who executed tr the within instrument as the President, and — personally known to me or r proved to me on the basis of satisfactory evidence to be • the person who executed the within instrument as the — Secretary of the Corporation that executed the within instrument and acknowledged to me that such corporation executed the within instru- ment pursuant to its by -laws or a resolution of its board of directors. WITNESS :Z?�' lcial seal. Signature -- me, a Notary Public in and for (This area for official notarial seal) TITLE TRUSf�RANCE ATMR D7UPMy the undersigned, a Notary Public in and for rte_ e NOTA C- A SIGNOR Pl18LIC- CALIFORNIA CLARA COUNTY My MTvr''fti0n expires Oct 14, 1991 (This area for official notarial seal) .. i �.. �?h C. A SiGNOR NOTC.: `( Pl 2i C CALIFORNIA sP.iv?A CiAP.A. COUNTY VY oonurusstan expires Oct. 14, 1991 (This area for official notarial seal) TITLE TRUSf�RANCE ATMR D7UPMy the undersigned, a Notary Public in and for rte_ e NOTA C- A SIGNOR Pl18LIC- CALIFORNIA CLARA COUNTY My MTvr''fti0n expires Oct 14, 1991 (This area for official notarial seal) • Recorded at the request of: THE CITY OF SARATOGA After recordation return to: CITY OF SARATOGA` fT Y G LtkC 13777 Fruitvale Avenue Saratoga, CA 95070 GRANT OF OPEN SPACE EASEMENT AND LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT, made this day of , 1988, by and between ALLEN L. CHADWICK, BARBARA CHADWICK, CAROL COCCIARDI and COCCIARDI CORPORATION, a California corporation (hereinafter sometimes collectively referred to as "Grantor ") and THE CITY OF SARATOGA, a municipal corporation (hereinafter referred to as "City "). WITNESSETH: Grantor is the owner of certain real property located in the City of Saratoga, County of Santa Clara, State of California, known as Tract 7770, as more particularly described in Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Subject Property "). Grantor is subdividing the Subject Property into 11 single - family residential lots, as shown on the subdivision map for Tract 7770 recorded concurrently herewith. It is the desire of Grantor to grant to City an open space easement on, upon, across and under a portion of the Subject Property, pursuant to Chapter 6.6 (commencing with Section 51070) of Part 1, Division 1, Title 5 of the California Government Code, whereby Grantor relinquishes certain rights and enters into certain covenants relative to such easement, as hereinafter set forth. The purpose of this Grant of Easement and its acceptance by City is to maintain a portion of the Subject Property in a natural condition as open space land and to preserve as near as possible the scenic beauty thereof for enjoyment by the public. This grant is for the additional purpose of preventing the construction of improvements upon a portion of the Subject Property which is, or may be, unsuitable for development by reason of topographic or geologic constraints. Grantor further has agreed to landscape certain portions of the Subject Property and the public right -of -way adjacent thereto and to maintain such landscaped areas as hereinafter set forth. NOW, THEREFORE, in consideration for the substantial public benefits to be derived therefrom by both Grantor and City, the parties agree as follows: 1. Grantor hereby grants to City an open space easement on, upon, over, 19 across, above and under that portion of the Subject Property shown and delineated as -1- open space or scenic easement on the subdivision map for Tract 7770 recorded concurrently herewith, such easement being located upon a portion of Lots 1, 2, 3, 6, 7, 8, 9, 10 and 11, as shown on said map. Grantor does hereby relinquish to the public, in perpetuity, the right to construct improvements within the open space easement, except as expressly reserved in Paragraph 6 hereof. 2. Grantors covenant and agree for themselves and their respective successors and assigns, that Grantors, their respective successors and assigns, singularly or in combination: (a) Except as herein expressly reserved, shall not erect, construct, place or maintain or permit the erection, construction, placement or maintenance of any improvement, building, structure, ornamental landscaping or other thing whatsoever on any portion of the open space easement. (b) Except as herein expressly reserved, shall not use or permit the use of any portion of the open space easement for any purpose, except: (i) as open space consistent with the stated purposes, terms, conditions, restrictions and covenants of this Agreement, with the provisions of Chapter 6.6 (commencing with Section 51070) of Division 1, Part 1, Title 5 of the Government Code, and with the findings of the City Council of the City of Saratoga relative to the open space easement pursuant to Government Code Section 51084; and (ii) for equestrian trails, as generally shown on the subdivision map for Tract 7770. (c) Except as herein expressly reserved, shall not cover or cause • any portion of the open space easement to be covered with any asphalt, stone, concrete or other material which does not constitute natural cover for the land nor otherwise disturb the existing natural cover of such land. (d) Shall not extract, sever or remove nor permit or cause to be extracted, severed or removed any natural resource found or located on, above or under the open space easement, or otherwise engage in or permit on such easement any activity which will or may destroy the unique physical and scenic characteristics of the property. (e) Shall not cut, uproot or remove or permit the cutting, uprooting or removal of timber or trees found or located on the open space easement, except as may be required for fire prevention, thinning, elimination of diseased growth or similar preventive measures in a manner compatible with scenic purposes. (f) Shall not excavate or grade or permit any excavation or grading to be done, except to the extent such excavation or grading is pursuant to the grading plan for Tract 7770 approved by City or shall be required to prevent soil erosion, landslide or other geologic hazard, and upon issuance of such permits as may be required under the Ordinances of the City of Saratoga. (g) Shall be responsible for maintenance of the property subject to the open space easement. Each lot owner shall be responsible for maintenance of that portion of the open space easement located on such owner's lot. 3. Grantor hereby grants to City the right, but not the obligation to enter upon the Subject Property for the purpose of removing any building, structure, improvement or other thing whatsoever constructed, erected, placed, stored, deposited or maintained on the open space easement contrary to the stated purposes of this Agreement or to any term, condition, restriction or covenant contained herein, or to -2- LJ S prevent or prohibit any activity which is contrary to the stated purposes, terms, conditions, restrictions or covenants of this Agreement or which will or may destroy the unique physical and scenic characteristics of the property within the open space easement. 4. The stated purposes, terms, conditions, restrictions and covenants set forth herein and each and all of them may be specifically enforced or enjoined by proceedings in the Superior Court of the State of California. 5. The granting of this open space easement and its acceptance by City does not authorize and is not to be construed as authorizing the public or any member thereof to trespass upon or use all or any portion of the open space easement or as granting to the public or any member thereof any tangible rights in or to such easement or the right to go upon or use or utilize such easement in any manner whatsoever. It is understood that the purpose of this easement is solely to restrict the uses to which the property subject to the easement may be put so that said property may be kept as near as possible in its natural condition. 6. Grantor hereby reserves the right to plant, transplant, remove, replant and install landscaping including trees, plants and other vegetation indigenous to the natural landscape; the right to install, repair or replace irrigation facilities and equipment, paths and walkways, and items of a similar nature. Such reserved exceptions shall be consistent with the stated purposes, terms, conditions, restrictions and covenants contained herein, and consistent with General Plan, zoning and other laws, rules and regulations of the City of Saratoga and the State of California, as such laws, rules and regulations may be hereafter from time to time amended. 7. This Agreement shall be effective on the date of execution hereof and shall remain in effect permanently. 8. Grantor shall not receive any payment from City in consideration for the obligations imposed hereunder, it being recognized and agreed that the consideration for the execution of this Agreement is the substantial public benefit to be_ derived therefrom and the advantage which will accrue to Grantor and the successors of Grantor as a result of any reduction of the assessed value of the property subject to the open space easement due to the limitations on its use contained in this Agreement. 9. In the event the open space easement or some portion thereof is sought to be condemned for public use, the easement and each and every term, condition, restriction and covenant contained herein shall terminate as of the time of the filing of the complaint in condemnation as to that portion of the property sought to be taken for public use only, but shall remain in effect relative to all other portions of said property. Grantor shall be entitled to such compensation for the taking as Grantor would have been entitled to receive had the Subject Property not been burdened by this easement; provided, however, that each and every stated term, condition, restriction and covenant of this Agreement shall be observed by Grantor during the pendency of such action and provided further that in the event such action is abandoned prior to the recordation of a final order of condemnation or the property subject to the open space easement or some portion thereof is not actually acquired for a public use, said property shall, at the time of such abandonment, or at the time it is determined that such property shall not be taken for public use, once again be subject to this easement and to each and every stated purpose, term, condition, restriction and covenant contained herein. -3- 10. Either Grantor or City may undertake proceedings for abandonment of the open space easement in accordance with the requirements and subject to the • conditions set forth in Sections 51093 and 51094 of the California Government Code. 11. Grantor shall install and permanently maintain the landscaping within the open space easement and adjacent public right -of -way in accordance with the landscape plan approved by City. Upon any failure to do so, City shall have the right, but not the obligation, to perform the installation or maintenance work and to charge the defaulting party for all costs and expenses incurred by City in connection therewith. If such costs and expenses are not paid in full within ten days after written demand by City, the same shall constitute a lien and special assessment against the property of the defaulting party and shall be added to and become a part of the real property taxes levied against said property and collected in the same manner and frequency and by the same persons as ordinary municipal taxes and shall be subject to the same interest and penalties and the same procedure of sale as provided for delinquent ordinary municipal taxes. In addition thereto, City may exercise any and all other rights and remedies available to City by law to enforce the provisions of this Agreement. 12. Nothing contained in this Agreement shall be deemed to impose any duty upon City to maintain any property subject to the open space easement or the landscape requirements referred to above and the acceptance of such easement shall not constitute an assumption by City of any liability whatsoever with respect to such property. Nothing herein contained shall be construed to constitute a limitation on the legislative or quasi - judicial powers of City. 13. This easement and each and every term, condition, restriction and covenant contained herein is intended for the benefit of the public and constitutes an enforceable restriction pursuant to the provisions of Section 8 of Article XIH of the California Constitution and Chapter 6.6 (commencing with Section 51070) of Part 1, Division 1, Title 5 of the Government Code and shall bind Grantor and the successors and assigns of Grantor and each and all of them and shall and is intended to run with the land. IN WITNESS WHEREOF, Grantor has executed this Grant of Open Space Easement with covenants the day and year first above written. GRANTOR: ALLEN L. CHADWICK L /JL'L'�i�rsJ C�/LI^ BARBARA CHADWICK i ROL COCCIARDI COCCIARDI CORPORATION, a California corporation is By. -4- • e 11 STATE OF CALIFORNIA ) j ss. COUNTY OF )L411 t" before d( u k /0, On this J� day of ��t f A-W4 f Not ry Publics personally appeared () personally known tome () proved to me on the basis of satisfactory evidence to - be the p rson who executed the within or on behalf of the named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. �... fir``° 1it7 . i,= M,.0 instrument as corporation therein Notary Public for California • ACCEPTANCE OF OPEN SPACE EASEMENT The CITY OF SARATOGA, pursuant to a Resolution adopted by its City Council on , hereby accepts the foregoing Grant of Open Space Easement, based upon a finding by the City Council that: (a) Preservation of the land as open space is consistent with the General Plan of the City; and (b) Preservation of the land as open space is in the best interest of the City for the following reasons: (1) The land is essentially unimproved and if retained in its natural state has scenic value to the public. (2) Retaining the land as open space will help preserve the rural character of the area in which the land is located. (3) Retaining the land as open space will add to the amenities of living in neighboring urbanized areas. (4) Retaining the land as open space is necessary in that the land is unsuitable for development by reason of topographic constraints or geologic hazards. • Dated: f -6- CITY OF SARATOGA a .7 Recording requested by: CITY OF SARATOGA After recordation return to: CITY OF SARATOGA Attention: Engineering Department 13777 Fruitvale Avenue Saratoga, CA 95070 DEVELOPMENT RESTRICTION AGREEMENT THIS AGREEMENT, dated , 1988, by and between THE CITY OF SARATOGA, a municipal corporation "City" and ALLEN L. CHADWICK, BARBARA CHADWICK, CAROL COCCIARDI and COCCIARDI CORPORATION, a California corporation ( "Developers "), is made with reference to the following facts: A. Developers are the owners of certain real property located in the City of Saratoga, County of Santa Clara, State of California, known as Tract No. 7770, • according to the map thereof as recorded concurrently herewith. Said property is more particularly described in Exhibit "A" attached hereto and made a part hereof. B. City has granted Developers final map approval for Tract 7770 without all of the requirements having first been satisfied to allow the sale of lots shown on said map or the construction of residential structures thereon, and conditioned upon the execution of this Agreement by Developers. a NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. In consideration for the granting by City of final map approval for Tract 7770, Developers agree that no sale, transfer or other disposition of a lot shown on said map shall be made until Developers have furnished to City the following assurances, in form and substance satisfactory to City, that water service will be provided to such lot for domestic use and fire suppression purposes, as required by the conditions of the tentative subdivison map approval granted by City: (a) A written clearance letter from San Jose Water Company stating that water service will be provided to Lots 3, 4, 5, 6, 7, 8 and 9, and that all amounts required by said water company to pay the construction costs for such facilities have been deposited by Developers and said water company is prepared to perform the work. (b) Evidence in form and substance satisfactory to City that water service will be provided to Lots 1, 2, 10 and 11 by a private party or mutual water company, as determined by Developers, that plans and specifications have been prepared for the DC construction of such facilities together with an estimate of the total construction cost as determined by the project engineer, and that all required easements for installation of the facilities have been obtained. In addition, Developers shall enter into an improvement agreement with City for the construction of the off -site water facilities necessary to provide service for Lots 1, 2, 10 and 11, and pursuant to such agreement shall deliver to City a performance bond, letter of credit, cash deposit or other security acceptable to City in an amount equal to at least 150% of the estimated cost for the construction of such facilities. 2. Developers further acknowledge and agree that no building permits will be issued by City for the construction of any residential structure upon any lot within Tract 7770 until the facilities providing water service to such lot for domestic use and fire suppression purposes have been installed and accepted by the utility responsible for operating the same. 3. This Agreement shall constitute a covenant running with the land and shall be binding upon the respective heirs, executors, administrators, personal representatives, successors and assigns of Developers, including any transferee of legal title to any of the lots within Tract 7770. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. • CITY: CITY OF SARATOGA, a municipal corporation M. Attest: DEVELOPERS: ALLEN L. CHADWICK % R 11 BARA C AD CH r CAROL COCCIARDI COC RDI CORPORATIO B -2- r^ • STATE OF CALIFORNIA ) ss. COUNTY OF I On this/_' =� day of , 1 8, before me, the undersigned Notary Public, personally appeared ( ) personally known to me ( proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as %J , is ".'6- r - or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. C. A. SIGNOR ;I ";r *, NOTARY PUBLIC - CALIFORNIA t .• - ._,�r,. SANTA CLARA COUNTY `� ' ._;1 ✓'' My corturiission expifes QCL 14,1991 • • -4- Notary Public for'California SARATOGA CITY COUNCIL / qV EXECUTIVE SUMMARY N0. AGENDA ITEM MEETING DATE: 10 -5 -88 CITY MGR. APPROVAL /-== ORIGINATING DEPT: Engineering SUBJECT: Final Map Approval SD -87 -023 Paul Duncan Glen Una Drive and Saratoga Los Gatos Road (2 Lots) Recommended Motion: Approve Resolution No. SD- 87- 023 -02. Report Summary :. 1. SD -87 -023 is ready for Final Parcel Map-Approval. 2. All requirements for City and other departments have been completed. 3. All fees have been paid. Fiscal-Impacts: None. Attachments: 1." Resolution No. SD -87- 023 -02. 2. Resolution approving Tentative Map. 3. Location Map.' Motion and Vote: z 0 • 11 RESOLUTION NO. SD 87 -023 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING BUILDING SITE OF Paul Duncan The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: The land 0.92 Acres and 0.96 Acres Parcels designated as A and B on Parcel Map prepared by Nowack-Associates, Inc., and submitted to the City of Saratoga, be approved as two (2) individual building sites. The above and foregoing resolution was duly and regularly introduced and passed by the City Council of Saratoga at a regular meeting held on the day of vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK 19 by the following r MAYOR SUMMARY OF FEES & BONDS ENGINEERING DEPARTMENT TRACT NO Storm Drain Fees $2,200.00 Park & Recreation Fees $2,600.00 Plan Check & Inspection Fees .$1,680.00 Final Map Check Fees $ 300.00 SD NO 87 =023 0 r14111 RESOLUTION NO. SD -87 -023 RESOLUTION APPROVING TENTATIVE MAP OF APN# 510 -05 -033 Du= WHEREAS, application has been the Subdivision made to the Subdivision Map Act of the State of Californian and Advisory under Ordinance of the City of Saratoga, approval of a lot under the Particularly site or subdivision for tentative map y set forth in File No. SD- 87- o83 this,all as more WHEREAS, this Advisory' city, and subdivision, together with Agency hereby finds that the improvement, is consistent with theogaratns proposed all for its design and landcusec plans relating Saratoga General Plan and and is compatible wi with the with land use and Proposed subdivision the Staff Programs specified in such General Plan, Policies and further Report dated Februa 24 , reference Particulars, and r� � 1988 being hereby o Y made for WHEREAS, this Negative Declaration body has heretofor received and considered the currently applicable prepared for this project in accord with the provisions of CEQA, and WHEREAS, none through (g� of GovernmenheCoconditions set 64 forth in Subsections said subdivision, and tentative a 74 exist with respect (ai With conditions as hereinafter setPfoved should be Pect to forth. granted in accord NOW hereinafter THEREFORE subdivision IT RESOLVED that the ten December, 1981 ivision, which ma tentative map for the to file and is marked Exhibit C p is dated the 16th day of be and the same is her in the hereinabove referred conditions of said a Y in approved. Exhibit A and incorporated a val are as more particularly set forth The herein by reference. Y set forth on The above and foregoing resolution was duly the Planning g Commission at a meet' Passed and adopted by vote.- 1988, at which a g the present., ob the 24th day of quorum was y the following AYES: Chair Harris, Commissioners Guch, Burger, Kolstad, Clay & Tuck NOES: None er ABSENT: Commissioner Siegfried ADVISORY AGENCY C rman, Planning Commiss Sec ary, Plannin q Commission • C, SD -87 -023; 19560 Saratoga -Los Gatos Rd. CONDITIONS OF APPROVAL E. H BIT "A" Applicant shall sign the agreement to these conditions w' days of the passage of this resolution or said resolution hin void. 30 o shall be Spe -`1= Conditions _ Engineering Dives_ 1• Pay storm drainage fee in effect at the Final Approval. Paid,- time of obtaining 2• Submit "Parcel Map" to City for checkin and pay the required fees. Submitted. g and recordation, 3• Submit "Irrevocable Offer of Dedication" to ft. half- street on Glen Una Dr. Shown on Map, provide for a 25 4• Submit "Irrevocable Offer of Dedication" easements as required. Shown on Map. to provide 5• Improve Glen' Una Dr. following: o City Standards gz Shown on Improvement Plans and Bonded, including the a• Designed structural section 13 ft, between centerline and flowline nterline b• P•C• concrete curb and gutter (V -24) Shown on Improvement Plans. c• Underground existing overhead utilities - P.G.& E. 6• Construct storm drainage system Engineer,as needed to cone oo u directed by the City sewer or water course. Y runoff to street .Shown on Map. , Storm 7• Construct access road 18 ft. in. aggregate base from Glen wide plus 1 ft. shoulders on 6 any dwelling on Parcel A. to within 100 ft. of 24 ft, at street The access road shall be flared to radius shall be 42 ft. Shown on NOTE: Improvement m Pna mum inside curve 8• Construct turnaround having 32 ft. 2 1/2" asphalt concrete on 6 radius or approved equal in. aggregate base. Shown on Improvement approach (s) . Plans. 9 • Construct standard driveway Shown on Improvement Plans. 10. Construct "Valley Gutter under driveway as a �� across driveway or approved by the city ipe culvert 11. Y Engineer. Shown on Improvement Provide adequate sight distance and remove obstructions of view as required. Shown on Improvement Plans. SD -87 -023; 19560 Saratoga -Los Gatos Rd. 12. Watercourses, if any, must be kept free of obstacles which will change, retard or prevent flow. Shown on Improvement Plans. 13. No direct access allowed on Saratoga -Los Gatos Rd. from Parcels A Or B. Shown on Parcel Map. 14. Obtain an Encroachment Permit from Cal -Trans for work to be done within their right -of -way. Received. 15. Engineered Improvement Plans required for: a. street improvements b. access road construction Submitted - Improvement Plans. 16. Pay plan check and inspection fees as determined from Improvement Plans. Paid. 17. Enter into Improvement Agreement for required improvements to be completed within one (1) year of receiving Final Approval. Yes. 18. Post bond to guarantee completion of required improvements.Yes. Specific Conditions = Central Fire Dis_ t_ t 19. All driveways must be constructed to support 35,000 lbs. Shown on Improvement Plan. Spe`ic Conditions _ Santa Clara Valley Water Distr_ 20. In accordance with District Ordinance 85 -1, the owner should show any existing well(s) on the improvement plans. The well(s), if any, should be properly registered with the District and either maintained or abandoned in accordance with District standards. Any well(s) on -site shall be sealed in accordance with District Standards unless they are to be used for the proposed development. wells) shall be used only after In this case, any inspection by the District. A In testing and confirmation regarding the existencetofhany provide on-site and their proposed disposition. No well on property. Specific Conditions _ CALF 21. No work may be done within the State right -of -way unless authorized by a State Highway encroachment permit. SD -87 -023; 19560 Los Gatos Rd. 2p i is Conditions _ Santa Clara County Health Dept. 22. A sanitary sewer connection is required, With Building Permit. Bond has been provided. 23. Domestic water shall be supplied by San Jose Water Company. With Building Permit. Specific Conditions _ Planning Department 24. Tree removal is prohibited unless in accordance with City Standards. 25. The future house on Parcel A shall be single story in design, and require Planning Commission Design Review approval. 26. Record an ingress /egress easement across Parcel B for Parcel A. Shown on Parcel Map. 27. Non compliance with condition #Is 11, 12 of this permit shall constitute a violation of the permit. Because it is impossible to estimate damage the City could incur due to the violation, liquidated ;damages of $100.00 shall be payable to this City per each day of the violation. 28. All applicable requirements of the State, County, City and other governmental entities must be met. The foregoing conditions are hereby accepted. Signature of Applicant Date REPORT TO PLANNING COMMISSION SD -87 -023 DUNCAN 19560 Saratoga -Los Gatos Rd. 2 -lot Subdivision ' I ISIloO 3y7 -10 -�2 C: 15190 397 -10 -11 16230 397 -10- 16270 397 -10 -09 r . 510 (qql 4 c EXECUTIVE SUMMARY NO. SARATOGA CITY COUNCIL MEETING DATE: 10/5/88 AGENDA ITEM: ORIGINATING DEPT.: Planning CITY MGR. APPROVAL/ V ,/If -- SUBJECT: D111-87 -097 - Dittman, 12525 Parker Ranch Court Grant of Open Space Easement Recommended Motion: Approve the attached resolution accepting the grant of open space on the property. Report Summary: On October 14, 1987, the 'Planning Commission approved an application for design review for a new residence at 12525 Parker Ranch Court. A condition of approval was the preservation of the existing landscaping by expanding "the scenic easment or other measures" subject to staff approval. Attached is a Grant of Open Space Easement and Accep- tance of Open Space Easement prepared by the City Attorney. The law reserves the power to accept such a grant to the legislative body (Council). The attached resolution will complete the requirements from the Planning Commission. Fiscal Impacts: Attachments: Motion and Vote: 0K S--.o None 1 • Resolution- accenting_the -- #rant. 2• rant of Open Spdcd Easement RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ACCEPTING A GRANT OF OPEN SPACE EASEMENT AT 12525 PARKER RANCH COURT WHEREAS, the Planning Commission has approved a new home for Manifred K. and Ingrid H. Dittman per Resolution DR -87 -097, and WHEREAS, a condition of approval is that a portion of the subject property be dedicated and restricted to open space in order to preserve existing vegetation which will mitigate the visual impacts of the proposed structure, and WHEREAS, Dittmans have submitted the necessary Grant of Open Space Easement on November 19, 1987, to complete the aforementioned condition of approval, and WHEREAS, government code reserves the right of acceptance of such dedication to the legislative body, NOW, THEREFORE, BE IT RESOLVED that the City Council hereby accepts the Grant of Open Space Easement, based upon findings by the City Council that: (a) Preservation of the land as open space is consistent with the General Plan of the City; and (b) Preservation of the land as open space is in the best interest of the City for the following reasons: (1) The land is essentially unimproved and if retained in its natural state has scenic value to the public. (2) Retaining the land as open space will help preserve the rural character of the area in which the land is located. (3) Retaining the land as open space will add to the amenities of living in neighboring urbanized areas. (4) Retaining the land as open space is necessary to mitigate the impact of improvements to be constructed on the site. 1 Passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the day of 1988 by the following vote: AYES: NOES: ABSENT: ATTEST: City Clerk ResCC Mayor I 4K Recorded at the request of: THE CITY OF SARATOGA After recordation return to: CITY OF SARATOGA Planning Department 13777 Fruitvale Avenue Saratoga, CA.95070 GRANT OF OPEN SPACE ]EASEMENT THIS AGREEMENT, made this 19th day of Nov. , 19 87, by and between MANFRED B. DITT MANN and INGRID H. DITTMANN (hereinafter collectively referred to as "Grantor ") and THE CITY OF SARATOGA, a municipal corporation (hereinafter referred to as "City "). WI TNESSETH: Grantor is the owner of certain real property located in the City of Saratoga, County of Santa Clara, State of .California, at 12525 Parker Ranch Court, as more particularly described in Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Subject Property "). Grantor has applied to City for design review approval to construct a two- story single family residence on the Subject Property, such application being identified as DR -87 -097. City is willing to grant the requested design review approval on condition that a portion of the Subject Property is dedicated and restricted to open space in order to preserve existing vegetation which will mitigate the visual impact of the proposed structure. Grantor has agreed to dedicate an open space easement on, upon, across and under a portion of the Subject Property, pursuant to Chapter 6.6 (commencing with Section 51070) of Part 1, Division 1, Title 5 of the California Government Code, whereby Grantor relinquishes certain rights and enters into certain covenants relative to such easement, as hereinafter set forth. NOW, THEREFORE, in consideration for the design review approval granted by City, the parties agree as follows: 1. Grantor hereby grants to City an open space easement on, upon, over, across, above and under that portion of the Subject Property shown and delineated as open space or scenic easement on the drawing attached hereto as Exhibit "A" and made a part hereof. Grantor does hereby relinquish to the public, in perpetuity, the right to construct improvements within the open space easement, except as expressly reserved in Paragraph 6 hereof. 2. Grantor covenants and agrees for himself and his successors and assigns, that Grantor, his successors and assigns, singularly or in combination: -1- (a) Except as herein expressly reserved, shall not erect, construct, place or maintain or permit the erection, construction, placement or maintenance of any improvement, building, structure, ornamental landscaping or other thing whatsoever on any portion of the open space easement. (b) Except as herein expressly reserved, shall not use or permit the use of any portion of the open space easement for any purpose, except as open space consistent with the stated purposes, terms, conditions, restrictions and covenants of this Agreement, with the provisions of Chapter 6.6 (commencing 'with Section 51070) of Division 1, Part 1, Title 5 of the Government Code, and with the findings of the City Council of the City of Saratoga relative to the open space easement pursuant to Government Code Section 51084. (c) Except as herein expressly reserved, shall not cover or cause any portion of the open space easement to be covered with any asphalt, stone, concrete or other material which does not constitute natural cover for the land nor otherwise disturb the existing natural cover of such land. (d) Shall not extract, sever or remove nor permit or cause to be extracted, severed or removed any natural resource found or located on, above or under the open space easement, or otherwise engage in or permit on such easement any activity which will or may destroy the unique physical and scenic characteristics of the property. (e) Shall not cut, uproot or remove or permit the cutting, uprooting or removal of timber or trees found or located on the open space easement, except as may be required for fire prevention, thinning, elimination of diseased growth or similar preventive measures in a manner compatible with scenic purposes. (f) Shall not excavate or grade or permit any excavation or grading to be done, except to the extent such excavation or grading is pursuant to the grading plan for DR -87 -097 approved by City or shall be required to prevent soil erosion, landslide or other geologic hazard, and upon issuance of such permits as may be required under the Ordinances of the City of Saratoga. (g) Shall be responsible for maintenance of the property subject to the open space easement. 3. Grantor hereby grants to City the right, but not the obligation to enter upon the Subject Property for the purpose of removing any building, structure, improvement or other thing whatsoever constructed, erected, placed, stored, deposited or maintained on the open space easement contrary to the stated purposes of this Agreement or to any term, condition, restriction or covenant contained herein, or to prevent or prohibit any activity which is contrary to the stated purposes, terms, conditions, restrictions or covenants of this Agreement or which will or may destroy the unique physical and scenic characteristics of the property within the open space easement. 4. The stated purposes, terms, conditions, restrictions and covenants set forth herein and each and all of them may be specifically enforced or enjoined by proceedings in the Superior Court of the State of California. 5. The granting of this open space easement and its acceptance by City does not authorize and is not to be construed as authorizing the public or any member -2- thereof to trespass upon or use all or any portion of the open space easement or as granting to the public or any member thereof any tangible rights in or to such easement or the right to go upon or use or utilize such easement in any manner whatsoever. It is understood that the purpose of this easement is solely to restrict the uses to which the property subject to the easement may be put so that said property may be kept as near as possible in its natural condition. 6. Grantor hereby reserves the right to plant, transplant, remove, replant and install landscaping including trees, plants and other vegetation indigenous to the natural landscape; the right to install, repair or replace irrigation facilities and equipment, paths and walkways, and items of a similar nature. Such reserved exceptions shall be consistent with the stated purposes, terms, conditions, restrictions and covenants contained herein, and consistent with General Plan, zoning and other laws, rules and regulations of the City of Saratoga and the State of California, as such laws, rules and regulations may be hereafter from time to time amended. 7. This Agreement shall be effective on the date of execution hereof and shall remain in effect permanently. 8. Grantor shall not receive any payment from City in consideration for the obligations imposed hereunder, it being recognized and agreed that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage which will accrue to Grantor and his successors as a result of any reduction of the assessed value of the property subject to the open space easement due to the limitations on its use contained in this Agreement. 9. In the event the open space easement or some portion thereof is sought to be condemned for public use, the easement and each and every term, condition, restriction and covenant contained herein shall terminate as of the time of the filing of the complaint in condemnation as to that portion of the property sought to be taken for public use only, but shall remain in effect relative to all other portions of said property. Grantor shall be entitled to such compensation for the taking as Grantor would have been entitled to receive had the Subject Property not been burdened by this easement; provided, however, that each and every stated term, condition, restriction and covenant of this Agreement shall be observed by Grantor during the pendency of such action and provided further that in the event such action is abandoned prior to the recordation of a final order of condemnation or the property subject to the open space easement or some portion thereof is not actually acquired for a public use, said property shall, at the time of such abandonment, or at the time it is determined that such property shall not be taken for public use, once again be subject to this easement and to each and every stated purpose, term, condition, restriction and covenant contained herein. 10. Either Grantor or City may undertake proceedings for abandonment of the open space easement in accordance with the requirements and subject to the conditions set forth in Sections 51093 and 51094 of the California Government Code. 11. Nothing contained in this Agreement shall be deemed to impose any duty upon City to maintain any property subject to the open space easement and the acceptance of such easement shall not constitute an assumption by City of any liability whatsoever with respect to such property. Nothing herein contained shall be construed to constitute a limitation on the legislative or quasi - judicial powers of City. -3- 1 12. This easement and each and every term, condition, restriction and covenant contained herein is intended for the benefit of the public and constitutes an is enforceable restriction pursuant to the provisions of Section 8 of Article XM of the California Constitution and Chapter 6.6 (commencing with Section 51070) of Part 1, Division 1, Title 5 of the Government Code and shall bind Grantor and his successors and assigns and each and all of them and shall and is intended to run with the land. IN WITNESS WHEREOF, Grantor has executed this Grant of Open Space Easement with covenants the day and year first above written. GRANTOR: " e.( 0.-- MXNFREIJ H. DrffMANN 0 L e ( DAAI" INGRID It. DITTMANN �1 I -4- • r SCHEDULE A Amount of Insurance: $ 261, 250.00 Policy No.SJ 175493 -72 Date of Policy: October 21, 1987 Premium: $671.60 at 8:00 A.M. 1. Name of Insured: MANFRED R. DITTMANN and INGRID H. DITTMANN 2. The estate or interest in the land described herein and which is covered by this policy is: A Fee 3. The estate or interest referred to herein is at Date of Policy vested in: MANFRED R. DITTMANN and INGRID H. DITTMANN, husband and wife, as community property 4. The land referred to in this policy is situated in the State of California, County of Santa Clara, City of Saratoga , and is described as follows: All of Lot 72, as shown upon the Map of Tract No. 6528 (The Parker Ranch - Unit No. 2), filed for record on May 3, 1982 in Book 499 of Maps, at pages 35 thru 41, Santa Clara County Records. EXCEPTING THEREFROM the underground water rights with no right of surface entry, granted by Valley Title Company to San Jose Water Works, a California corporation, by instrument dated June 4, 1982 and recorded June il, 1982 in Book G839 of Official Records, page 33. ALSO EXCEPTING THEREFROM the underground water rights with no right of surface entry granted to San Jose Water Works, a California orporation, by instrument dated April 12, 1983, recorded April 28, 1983 n Book H511 of Official Records, page 249. SCHEDULE A CLTA Standard Coverage Policy - 1873 SAFECO Stock No. CAP -21$A (Rev. 7 -83) SAFI= =AYE .." �, MAMr � rant , ACT �t6. ', i. :« '' _ j' ; *• ' .y :.��; �, Ot t s rOF O ALL OF 1 pLLO�OT 4 w0 � ro/T q/ Or hM Nii , r p or rw /flib1vM10/ OrTM[ f� / i a _ - raso 1/ LL or �(vs air rat f� W i A tOY11TT. MROt, At{0 K1 /s IYr00 {ttr '. i' - ;•- dti.�l! � � ., A/0 9tt W. L tt. 0.t R. Il.ntl., � s ,. �� • +: % iw 111. tITItE! fit '' "`:�- �:;><�[�� •• y,..` X,t•J �` 'w •y ,�, RITMIM TMt CITY OF tAItATOM, ttUlO/ /IA. 'JENNINGS• &k0ER1110TT•HEM, 114c' '. (CIVIL t1w1 «tt11s— �—LY10 StWWyOM ' �JT7�- {'�;r, ; ,�,� - . ` .•1 .� .::. +. , fCALt 1, b. y►r. , IOOO f'lfEiyt� 7r•4• y '. ♦ , .: ! / r Imo. 'bs... , low /' 1 � � �' s�eet»•. Molt �, ' . 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