HomeMy WebLinkAbout04-18-1984 CITY COUNCIL AGENDACITY OF SARATOGA
AGENDA B Initial: ILL NO. �p �� Dept. Hd.
DATE: April 18, 1984
DEPARTMENT: Maintenance
SUBJECT: Landscape and Lighting District LLA -1 (Existing)
C. Atty.
C. Mgr.
Issue Summary
For the past three years, the City of Saratoga has utilized the provisions
of the "Landscape and Lighting Act of 1972" to raise the revenue necessary
to fund required maintenance and incidental costs within the Landscaping
and Lighting District LLA -1. Pursuant to the Act, proceedings are required .
for each fiscal year during which an assessment is to be levied and collected
within the District.
Resolution No. directs the City Engineer to prepare a report describ-
ing the improvements, the costs, the areas involved and the proposed assess-
ments for each parcel. Resolution No. appoints Wilson, Morton, Assaf
and McEll.igott as the attorneys for the district. This district includes all
previously existing lighting districts Azule, Azule annexed, Quito and Sara -
tdga'lillage.; three (3) Park Maintenance Districts, Manor Drive, Fredericksburg
Drive and Greenbrier; one (1) Parking District, Village Parking District No. 1,
Meadow Brook.
It is anticipated that the Engineer's Report will be ready for preliminary
approval at the May 2, 1984 meeting of the City Council. Also, at the May
2, 1984 meeting, the resolution of intention fixing time and place of hearing
(hearing should be held on June 6,'1984) should be passed.
Recommendation
Adopt Resolution No. a resolution describing improvements and
directing preparation of Engineer's Report for fiscal year 1984 -85. Adopt
Resolution No. appointing.Wilson, Morton, Assaf and McElligot as
attorneys for the District.
Fiscal Impact
The costs for'the administration, maintenance servicing and lighting energy
are charged to the various zones within the District based on benefit received.
The,.Santa- Clara:..County Assessor's Office will collect the amount through the
taxes and, in turn, remit to the City.
Exhibits /Attachments
Resolution No. together with Exhibit "A ".
Resolution No.
Council Action
4/18: Adopted Resolutions 2138 and 2138 -A, 3 -0.
CITY OF SARATOGA
/ Initial:
AGENDA BILL NO. ip 1 j Dept. Hd. AO
DATE: April 9, 1984 C. Atty.
DEPARTMENT: Community Development C. Mgr.
SUBJECT: Final Map Approval TRACT 7580 PINN BROTHER CONSTRUCTION COMPANY
Toni Ann Place /Verdevista Lane (15 Lots)
Issue Summary
1. The Tract 7580 is ready fo.r final approval.
2. All bonds, fees and agreements have been submitted to City.
3. Requirements of City Department and other agencies have been met.
RecomTendation
Adopt Resolution No. 75 1557 -02 attached, approving the building
sites for Tract 7580. Authorize execution of contract for the
improvement agreement.
Fiscal Impacts
None
Exhibits /Attachments
1. Resolution No. 1557 -02
2. Report to Planning Commission
3. Location Map
Council Action
4/18: Approved 3 -0.
' f
RESOLUTION NO. 1557 -02
RESOLUTION APPROVING FINAL MAP OF
TRACT 7580
WHEREAS, a final subdivision map of Tract 7580
Toni Ann Place 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 applicaY_e';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 amp 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
immediately 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
-1-
estimated cost of improvements, agreeing to improve said streets, public
ways and easements in accord with the standards of Ordinance No. NS -60
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 certificate 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 vote:
AYES:
NOES:
ABSENT:
ATTEST:
n.
CITY CLERK
MAYOR
��
IN -1
ft I
Nil
!'47� PL
Mal M 191 119AR G
grill;
Report to Planning Commission 1/5/84
SD -1557 - Pinn Brothers, Verde Vista Page 4
____.• -
B. Extension of existing water system adjacent to site is required for fire
protection. Plans to show location of water mains and fire hydrants.
C. Provide 15 foot clearance over the road or driveway (vertical) to building
site. Remove all limbs, wires or other obstacles.
D. Developer to install two hydrant(s) that meet Saratoga Fire District's
specifications. Hydrant to be installed prior to issuance of building
permits.
i
VI. SPECIFIC CONDITIONS - SANTA CLARA COUNTY HEALTH DEPARTMENT
A. 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 completion of sewers as planned.
B. Domestic water to be provided by San Jose Water Works.
C. Existing septic tank to be pumped and backfilled to County Standards.
VII. SPECIFIC CONDITIONS - SANTA CLARA VALLEY WATER DISTRICT
A. Applicant shall, prior to Final Map Approval, submit plans showing the location
and in use of any existing wells to the SCVWD for review and certification.
VIII. SPECIFIC CONDITIONS - PERMIT REVIEW DIVISION
A., Design`.Review Approval required on project prior to.:issuance of- permits. --
Tree removal prohibited (umless. in street right -of=way) unless approved
with Design Review.
B. Prior to issuance of building permits, individual structures shall be reviewed
by the Planning Department to evaluate the potential for solar accessibility.
The developer shall provide, to the extent feasible, for future passive or
natural heating or cooling opportunities on /in the subdivision /building site.
* C. Residences on Lots 9 and 10 shall be a maximum of 17' in height. Residence on
Lot 8 to be a m- aximum of 19' .
v
Approved:����
Kathy Kerd; s
Planner
KK /dsc
P.C. Agenda: 1/11/84
Report to
Planning Commissi /-
l� ,aft)
1/5/84
C
SD -1557 -
Pinn Brothers, Ve+,
sta
` Page U
E. Construct Storm Drainage System as shown on the "Master Drainage Plan"
and as directed by the Director of Community Development, as needed to
convey storm runoff to Street, Storm Sewer or Watercourse, including
the following:
1. Storm Sewer Trunks with necessary manholes.
2. Storm Sewer Laterals with,necessary manholes.
3. Storm Drain Inlets, Outlets, Channels, etc.
F. Provide adequate sight distance and remove obstructions of view as
required at driveway and access road intersections.
G. Watercourses must be kept free of obstacles which will change, retard or
prevent flow.
H. Engineered Improvement Plans required for:
1. Street Improvements
2. Storm Drain Construction
I. Pay Plan Check and Inspection Fees as determined from Improvement Plans.
J. Enter into Improvement Agreement for required improvements to be completed
within one (1) year of receiving Final Approval.
K. Post bond to guarantee completion of the required improvements.
III. SPECIFIC CONDITIONS - DIVISION OF INSPECTION SERVICES
A. Geotechnical investigation and report by licensed professional
1) Foundation
B. Detailed,on -site improvement plans showing:
m 1) Grading (limits of cuts, fills; slopes, cross - sections, existing
and proposed elevations, earthwork quantities)
2) Drainage details (conduit type, slope, outfall, location, etc.) including
existing drain from properties to the west.
3) Retaining - structures including design by A.I.A. or R.C.E. for walls 3 feet
or higher.
4) All existing structures, with notes as to remain or be removed.
5) Standard information to include titleblock, plot plan using record data,
location map, north arrow, sheet nos., owner's name, etc.
IV. SPECIFIC CONDITIONS - CUPERTINO SANITARY DISTRICT
A. Sanitary sewers to be provided and fees paid in accordance with requirements
of Cupertino Sanitary District as outlined in letter dated November 15, 1983.
V. SPECIFIC CONDITIONS - SARATOGA FIRE DISTRICT
A. Construct driveway 14 feet minimum width, plus one foot shoulders using
double seal coat oil and screening or better on 6 inch aggregate base from
public street or access road to proposed dwelling..
-Report to Planning Commissi( C aft)
SD -1557 - Pinn Brothers, Verde Vista
C. C . 1/5/84
Page 2
CIRCULATION: A Circulation Study of the cumulative traffic impacts of the development has
been submitted with the application, attached. The study states that the increase in
traffic would not be noticeable to other users of the road.
ADDITIONAL CONCERNS OR COMMENTS: Tree Removal - The applicant is proposing to remove
several significant trees on the southern portion of the property; a eucalyptus on Lot 1
and many magnolias, ginkos and a willow on Lots 13 -15 because of regrading for drainage.
The cul -de -sac exceeds 500' in length. The General Plan states "For safety, every new
or developing public or private cul -de -sac greater than 500' in length, and every new and
developing residential area in the City with more than 15 residential lots on a cul -de -sac,
should have a primary and an emergency access."
PROJECT STATUS: Said project complies with all objectives of the General Plan, and all
requirements of the Zoning and Subdivision Ordinances of the City of
Saratoga.
The housing needs of the region have been considered and have been balanced against the
public service needs of its residents and available fiscal and environmental resources.
A Negative Declaration was prepared and will be filed with the County of Santa Clara
Recorder's Office relative to the environmental impact of this project, if approved under
this application. Said determination date: December 8, 1983
The Staff Report recommends approval of the tentative map for SDR -1557 (Exhibit "B -1"
filed December 5, 1983) subject to the following conditions:
I. GENERAL CONDITIONS
Applicant shall comply with all applicable provisions of Ordinance No. 60,
including without limitation, the submission of a Record of Survey or parcel
map; payment of storm drainage fee and park and recreation fee as established
by Ordinance in effect at the time of final approval; submission of engineered
improvement plans for any street work; and compliance with applicable Health
Department regulations and applicable Flood Control regulations and requirements
of the Fire Department. Reference is hereby made to said Ordinance for further
particulars. Site approval in no way excuses compliance with Saratoga's Zoning
and Building Ordinances; nor with any other Ordinance of the City. In addition
thereto, applicant shall comply with the following Specific Conditions which are
hereby required and set forth in accord with Section 23.1 of Ordinance No. 60.
II. SPECFIC CONDITIONS - COMMUNITY DEVELOPMENT DEPARTMENT
A. Pay Storm Drainage Fee in effect at the time "of obtaining Final
Approval.
B. Submit Map to City for Checking and Recordation (Pay required Checking
& Recordation Fees).
C. Submit "Irrevocable Offer of Dedication" to Provide for a 25 ft. Half -
Street on interior street.
D. Submit "Irrevocable Offer of Dedication" to Provide Easement as required.
1. Designed Structural Section 18 ft. between centerline and flowline.
2. P.C. Concrete Curb and Gutter (V -24)
* 3. Undergrounding Existing Overhead Utilities. (Note: Existing Utility Pole
serving the Horticultural Foundation building to be removed).
REPORT TO PLANNING COMMISSION
City ai Saratag,Q „ J
APPROVED BY--
C —�.
DA r:_ -
Eiv! i = �.L 5:
*Revised: 1/11/84
DATE: 1/5/84
Commission Meeting: 1/11/84
SUBJECT SD -1557 - Pinn Brothers, Verde Vista (Horticultural Foundation Site),
Tentative Subdivision Approval - 15 lots
REQUEST: Tentative Subdivision Approval for 15 lots.
OTHER APPROVALS REQUIRED: Design Review for the residences, Final Map Approval and
Building Permits.
PLANNING DATA:
PARCEL SIZE: 5.72 acres GENERAL PLAN DESIGNATION: Residential - Medium Density
Single Family (M -12,5)
ZONING: R -1- 12,500
SITE DATA:
SURROUNDING LAND USES: Single Family Residential
SITE SLOPE: 1.5%
NATURAL FEATURES & VEGETATION: The site slopes to the northeast at 1.5 %. Several
significant trees are located on the northerly and westerly portions of the site.
PROJECT CONSIDERATIONS:
HISTORY: The Horticultural Foundation is presently located on the site.
The General Plan Area B guidelines states:
"All development of vacant sites within this area shall be limited to single family
detached residential and conform to the density of the surrounding residential area."
RELATIONSHIP WITH ADJACENT STRUCTURES: The site is up to 8' lower than the surrounding
properties to the north.
PRIVACY IMPACTS: The applicant proposes to build one story structures on the site. The
existing residences to the north of the site have a view of the mountains to the south which
may be impacted with the construction of homes on the site. As discussed at the Committee
of the Whole on December 20th, a condition has been included in the staff report to limit
the height of the homes on Lots 9 and 10 to 17'.
CITY OF SARATOGA
AGENDA BILL NO. 614
DATE: April 12, 1984
DEPARTMENT: Community Development
Initial:
Dept. Hd.
C. Atty.
C. Mgr.
SLIBJE'CT: Landscape and Lighting District LLA -1 (Annexation)
Issue Summary
We have been requested by some of the residents of the Arroyo Saratoga Home-
owners Association and Wilson Development for future Tract No. 7495 along
Tricia Way to utilize the provision of the Landscape and Lighting District
LLA -A. This would raise the revenue necessary to fund required maintenance
and incidental costs of the landscape along the intersection of Via Monte
Drive and Saratoga= Sunnyvale Road. ,.,Pursuant-to the 'Act,..proceedings are
required for each fiscal year during which as.ses:sment. is to be levied "arid
colleci.ed: within t -be District.-._'s,
Resolution No. determines to undertake proceedings for the annexation
of territory to an existing assessment district, describes the improvements
and directs the City Engineer to prepare an Engineer's report. Resolution
No. ..appoints Wilson, Morton, Assaf and McElligott as the attorneys
for the annexation.
It is anticipated that the Engineers Report "will be ready for preliminary
approval at the May 2, 1984 meeting of City Council. Also, at the May 2,
1984 meeting, the resolution of intention fixing time and place of hearing
(hearing should be held on June 6, 1984) should be passed.
Recommendation
Adopt Resolution No. to undertake proceedings for the annexation of
territory to an existing assessment district. Adopt Resolution No.
appointing Wilson, Morton, Assaf and McElligot as the attorneysfor the annex-
ation.
Fiscal Impacts
The costs for .the administration, maintenance servicing are charged to the
zone within the District based on benefit received. The Santa Clara County
Assessor's Office will collect the amount through the taxes and, in turn,
remit to. the City.
Exhibits /Attachments
Resolution .No. together with Exhibit "A" and "B ".
Resolution No.
Council Action
4/18: Adopted Resolutions 2137 and 2137 -A, 3 -0.
CITY OF SA IOCA
AG I_�/ Initial:
r�IDA BILL NO. tU �U Dept. Hd.
DATE: April 10, 1984 C. Atty.
DEPARTMENT: Administrative Services C. Mgr.
SUBJECT: RECYCLE CENTER AGREEMENT - RENEWAL
Issue Summary
In April, 1983, the City Council entered into a one -year agreement with the
West Valley Kiwanis Club for operation of the Recycle Center, located on
City property. The attached letter from Mr. Howard Moore, President, West
Valley Kiwanis Club, requests a two -year extension of the agreement (through
March 31, 1986) under the same terms as the original agreement.
Recommendation
City Council authorize renewal of the Recycle Center Agreement for a two -year
term.
Fiscal Imoacts
None
H: hibits /Attachments
Letter from Mr. Howard Moore
Recycle Center Agreement
Council Action
4/18: Authorized renewal for two years 3 -0.
Saratoga
40 Recycle Centeilll
KIWANIS CLUB OF WEST VALLEY (408) 867 -4005 19700 Allendale Avenue
The Saratoga Recycle Center is operated by the West Valley Kiwanis Club as a non - profit endeavor to generate
funds that can be utilized by individuals, groups, and organizations to improve the quality of life in our community.
April 9, 1984
Mayor and City Council
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Honorable Mayor and City Council:
April lst marks the first anniversary between the City of Saratoga and the
West Valley Kiwanis Club for the operation of the Saratoga Recycle Center.
Section 3, under the Terms of Contract, stipulates that Kiwanis may exercise
the option to renew 30 days prior to expiration. We realize that we are late
in this request, but through oversight neglected to do so.
The West Valley Kiwanis Club, with this letter, does here and now petition
the City of Saratoga through the City Council to renew this contract at
the stated rate of $1.00 per year for a period of two years. The Club also
encloses, as stipulated under Section I (Engagement and Duties) Paragraph (e),
an accounting of receipts and disbursements for the year 1983 -84.
The Saratoga Recycle Center has been a part of this community for over ten
years and Kiwanis has certainly added a dimension to the Center and continues
to make the Center a vital segment of Saratoga and the entire area. The
Center affords the citizens of Saratoga the opportunity to engage in the
worthwhile endeavor of recycling. Our stipulated goal is to use the generated
funds from the sale of recycled material to improve the quality of life in
our community by individuals, groups and organizations.
The Club members have donated approximately 600 hours to the Center this past
year monitoring the day to day operation of the Center, the paid Center staff,
the overall maintenance of the Center, public relations and direct citizen
contact, Alternate Sentencing Program and all payroll, financial and legal
aspects of the operation. The Center has provided 52 people with 3,492 hours
of community service in the County Alternate Sentencing Program.
The Center is open 7 days a week 9 a.m. to 4 p.m.
We are located at the west end of Allendale off Fruitvale Avenue, next to Saratoga Community Center.
April 9, 1984
Mayor and City Council
Page Two
The activities that we are participating in, supporting and hope to engage in
include scholorships in local high schools and Junior Colleges, all local
schools in programs that need assistance for continuation or implementation,
Campus Life programs at local high schools, youth camp scholorships,-sport
team sponsors, crippled children and Camp Costanoan, Special Olympics, Future
Farmers of America, support of the elderly, Kiwanis K Club at Westmont, civic
needs, Friends of the Saratoga Library, Hakone Gardens and many other specific
needs in our area that require financial or physical support.
An example of the flyer we are distributing throughout our area is attached
pointing out to the public the items we recycle.
We, the members of the West Valley Kiwanis Club, feel that we provide a service
to our community and generate funds for its improvement in various aspects
at very little cost or impact on the City's financial structure. The Club
thanks the City Council for giving us this opportunity to serve our community
and trust that we may continue with the support and sanction of the City
Council and the citizens of Saratoga.
Sincerely,
Howard Moore
President, West Valley Kiwanis Club
Attachments
4Safafoga AN jJ ;
/ \• l Recycle Cente
KIWANIS CLUB OF WEST VALLEY (408) 867 -4005 19700 Allendale Avenue
The Saratoga Recycle Center is operated by the West Valley Kiwanis Club as a non - profit endeavor to generate
funds that can be utilized by individuals, groups, and organizations to improve the quality of life in our community.
VV0PTDTQ
raper
Cardboard
Aluminum
Glass
Bottles
Oil
Interest
Total
DISBURSEMENTS
STATEMENT OF
RECEIPTS AND DISBURSEMENTS
3 Months
Ended
March 31, 1984
$ 3,536.20
368.28
1,041.11
191.55
363.40
140.30
126.93
$ 5,767.77
Recycle Material Purchased $ 235.93
Labor 2,534.00
Payroll Taxes 490.56
Hauling 910.00
Telephone & Directory Advertising 229.72
Supplies 142.12
Dues & Subscriptions 25.00
Insurance - Workmen's Compensation 461.75
Total $ 5,029.08
EXCESS RECEIPTS
.April 1, 1983
To
March 31, 1984
$ 15,511.78
2,103.30
6,387.69
764.85
1,557.32
724.49
245.68
27,295.11
$ 740.79
10,316.00
1,141.80
3,635.00
732.27
215.38
43.00
2,561.66
$ 19,385.90
$ 738.69 7,909.21
The Center is open 7 days a week 9 a.m. to 4 p.m.
We are located at the west end of Allendale off Fruitvale Avenue, next to Saratoga Community Center.
40 R y I C I
Safafoga
KIWANIS CLUB OF WEST VALLEY (408) 867 -4005 19700 Allendale Avenue
The Saratoga Recycle Center is operated by the West Valley Kiwanis Club as a non - profit endeavor to generate
funds that can be utilized by individuals, groups, and organizations to improve the quality of life in our community.
We are inviting Saratoga to participate in a recycling program. The State of
California has told every city that they must recycle 25% of the waste they
produce. With no cost to the City of Saratoga, or its residents, the Center
provides a convenient place to recycle the following items.
NEWSPAPER
Please tie or stack in bags. One foot of
newspaper saves one tree.
CARDBOARD
Please flatten, no waxed cardboard, cereal
boxes. No plastic or magazines.
COMPUTER PAPER
ALUMINUM CANS
Aluminum cans are soft and have no seams.
One can saves enough energy to run a
television for three hours.
ALUMINUM SCRAP
Should be free of other metals.
COPPER
GLASS
Jars, bottles, jugs - please remove lids and
neck rings. Standard wine bottles unbroken
750 ml, 1.5 liter - these are washed and resold.
No pyrex or mirrors.
USED MOTOR OIL
CAR BATTERIES
The Center is open 7 days a week 9 a.m. to 4 p.m.
We are located at the west end of Allendale off Fruitvale Avenue, next to Saratoga Community Center.
RECYCLE CENTER AGREEMENT
THIS AGREEMENT was made and entered into this 1st day of April,
1983, by and between the CITY OF SARATOGA, a Municipal corporation,
hereinafter called "CITY ", and WEST VALLEY KIWANIS CLUB, a non-
profit, incorporated association, dba SARATOGA RECYCLE CENTER
hereinafter called "KIWANIS ".
WHEREAS, CITY presently maintains a Recycle Center located on the
Civic Center property at 13777 Fruitvale Avenue, Saratoga, California,
for the purpose inter alia, of collecting, segregating, and reclaiming
certain types of domestic and industrial solid waste materials, and
KIWANIS is a non - profit, incorporated association and is desirous of
operating and overseeing said Recycle Center on the terms and pro-
visions as hereinafter set forth.
NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO
AS FOLLOWS:
1. Engagement and Duties
CITY hereby engages KIWANIS, as an independent contractor
and not as an agent of employee, to operate said Recycle Center for
the period-as hereinafter set forth, and KIWANIS hereby accepts said
engagement, on the terms and provisions as hereinafter, set forth,
the duties of said engagement to include the following: „
(a) KIWANIS will keep said Recycle Center in operation
a minimum of fourteen (14) hours a week, to include the hours
-1-
of 1:00 p.m. to 5:00 p.m. each Wednesday, 9:00 a.m. to
2 :00 p.m. each Saturday and each Sunday, and additional
hours and days deemed necessary by KIWANIS. During
said operational hours KIWANIS will have no less than
one (1) of its members or employees physically on the
premises at all times.
(b) KIWANIS will designate one of its members
as a Recycle Center Coordinator, who shall have the
primary responsibility to oversee the operation and
maintenance of said Center and will act as liaison
between CITY, and various industries and other suppliers
of materials. to the Recycle Center.
(c) KIWANIS shall at all times keep the Recycle
Center in a neat, orderly, safe and clean condition, in-
suring that it is open to the public during the operational
hours, and during the time the same is open shall carry on
an educational program at said Center in regard to the
necessity for, the operational features of, and the ultimate
results of such reclaiming and recycling process.
(d) KIWANIS agrees to maintain public liability insur-
ance in an amount not less than $500,000 per occurence
naming the CITY as additional insured.-
(e) KIWANIS agrees to provide State Workers Compen-
sation, and to maintain and keep in full force and effect
coverage for all employees, KIWANIS agrees to hold the
-2-
CITY harmless for any claims filed by employees or non-
employees.
(f) KIWANIS agrees to maintain adequate record of
cash receipts and disbursements and furnish CITY with
an annual accounting as at March 31, of each year.
(g) Any major changes from the present scope of
operations of the Recycling Center will be submitted to
the CITY for approval.
(h) During the term of this agreement, CITY will
furnish water and electricity to Recycle Center.
2. Compensation and Expenses
In consideration of the foregoing, KIWANIS may retain all
proceeds on the recycling of all materials at said Center. Any and
all costs and expenses of operating said Center will be the sole
responsibility of KIWANIS. KIWANIS will utilize, maintain or re-
place all tangible property presently existing at the location, as
listed in accompanying Exhibit A. All tangible personal property
listed in Exhibit A belongs to and is owned by CITY. Any tangible
personal property purchased by KIWANIS shall remain the property
of KIWANIS and shall be maintained by KIWANIS. Neither KIWANIS
nor any member or members thereof shall have any power or authority
to incur nor cause to be incurred any costs or expenses, nor any
obligation or liability, for or on behalf of CITY in the operation
of said Recycle Center.
-3-
3. Term of Contract
The term of this_ Agreement shall be for the period com-
mencing on the 1st day of April, 1983 until the 1st day of April,
1984, at an annual rental of $1.00. KIWANIS shall have the option
to renew this Agreement for additional terms to be exercised by
written notice to CITY by KIWANIS given at least thirty (30) days
prior to the expiration of the immediately prior term. Notwith-
standing the foregoing, either party hereto shall have the right to
terminate this Agreement at any time prior to the expiration of the
term thereof, by giving the other party thirty (30) days prior
written notice of such intent to terminate.
4. Status of KIWANIS
KIWANIS is not acting hereunder as agent or employee of
CITY, but solely as an independent contractor, and CITY shall not
under any circumstances be liable to KIWANIS or to any member of
KIWANIS, or to any person or persons acting for or on behalf or
under KIWANIS, or any other person or persons, for the death or
personal injury received or claimed by such person or persons, and
KIWANIS agrees to.and does hereby indemnify and hold CITY free and
harmless from and against any and all such claims, actions, demands,
or liabilities therefore. KIWANIS shall have no power or authority
to engage or employ any person as an agent or employee of CITY, but
only as KIWANIS employee or employees. This .agreement is non-
assignable by KIWANIS and any purported assignment shall be.null
-4-
and void. All supervision of operations under this Agreement by
KIWANIS shall be done through one or more members of WEST VALLEY
KIWANIS CLUB.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
the day and year first hereinabove written.
ATTEST: CITY OF SARATOGA
A Municipal corporation
C' Ma ager ayor
APPROVED AS TO FORM
e
-5-
WEST VALLEY KIWANIS CLUB
a non - profit, incorporated
association dba SARATOGA
RECYCLE CENTER
BY t�U1�wc
President -
Coordinator
"EXHIBIT A"
SARATOGA RECYCLE CENTER INVENTORY
9 Green Wooden Boxes 4 X 4''
4 Wooden Boxes 4 X 4'
2 Fruit Boxes 4 X 4'
19 Garbage Barrels - 55 gallons each
1 Wooden Step Platform
3 Green Metal Paper Bins - 6 X 44 X 44'
2 Large Oil Tanks - about 75 gallons each
1 Scale - Platform 1,000 pounds
5 Shovels
2 Brooms
2 Rakes
2 Sets of Tools:
1 Set Large Wrenches
1 Set Small Ratchets
1 Chevrolet 1970 One Ton Truck (not running)
3 Small Filing Cabinets
1 Refrigerator
2 Large Rolling Gates with fence around yard
1 Telephone
'v. CITY OF SAI11i`M%
AGENDA BILL NO. Initial:
�� Dept. i-ki.
DATE: April 9, 1984
C. Atty._
DEpARTM=; Community Development
C. Mgr.
SUBJECT: UP -315, ESTATE OF LILLIAN RODONI, 14038 Saratoga - Sunnyvale Road
Issue Summary
1. Feb. 8th -
Planning Commission determines that UP -315 (u,se permit for
construction storage yard) can continue to operate if the site
were cleaned up in 15 working days*and if the project met certain
other conditions. Applicant agreed to these conditions.
2. -Peb. 16 -
Staff sent follow up letter to ensure applicant's understanding
`
of the conditions.
3. Feb. 28 -
Staff met with applicant's attorney on site to discuss the condi-
tions.
4. Mar. 1st -
Expiration date for compliance with conditions of continuation.
5. Mar. 2nd -
Staff inspected the site and determined that the conditions had not
been met.
6:= Mar. 14 -
Staff informs - Commission that the applicant has not complied with
conditions of continuation although considerable clean up had been
accomplished. The Commission voted 6 to 1 to revoke the u.se per-
mit.
Recommendation
1. Staff recommended that the Commission revoke the use permit.
2. The Council can affirm, modify or reverse the Commission's decision. The
Council can also refer the matter back to the Planning Commission.
3. If the Council wishes to allow UP -315 to continue it must make the necessary
findings per Section 16.6 of the Zoning Ordinance.
Fiscal Impacts
None anticipated.
E: ch i b i t s /A ttac turn is
1. Exhibit A - Staff reports dated 2/1/84, 3/2/84, and 4/9/84.
" B - Planning Commission minutes dated 2/8/84 and 3/14/84.
C - City Council Resolution No. 810 and original conditions.
" D - Letters from City Attorney's Office dated 4/15/84 and 1/11/84.
E Letters from Commission and staff dated 2/28/84, 2/16/84 & 2/9/84.
F - Appeal Application of Ms. Rodoni received 3/23/84.
,_,G - Correspondence Received
Council Action.
4/18: Continued to 5/2 at appellant's request, 3 -0.
5/2: Appeal denied 5 -0.
og SA��
�IF'OO g"�'S•
REPORT
TO MAYOR AND
CITY COUNCIL
DATE: 4/9/84
COUNCIL MEETING: 4/18/84
SUBJECT' UP -315, Estate of Lillian Rodoni, 14038 Saratoga- Sunnyvale Road
----------------------------------------------------------------------------
BACKGROUND
In July 1976 Lillian Rodoni applied for a use permit to allow
the continuation of a non - conforming commercial construction storage
yard to continue on a site zoned R -1- 12,500. The Planning Commission
granted conditional approval in November 1976 which was revised on
appeal to the City Council in April 1977 after considerable discussion.
Between June 1977 and November 1983 staff attempts to gain
compliance with the conditions of UP -315 through inspection and
letters, by both the Planning Director and the Code Enforcement
Officer, with minimal success. After one more attempt to gain
compliance in December 1983, staff turned the matter over to the
City Attorney's Office. In January 1984, the City Attorney's Office
informs Ms. Lorena- Rodoni that UP -315 has been suspended and that
procedures to revoke the use permit were being initiated.
The Commission held revocation hearings on February 8, 1984 at
which time the staff recommended that the use permit be revoked since
the original conditions had been continuously ignored by the property
owner and sufficient landscape screening of the use was not possible
before the expiration of the use permit in November 1985. The
C.ommission decided that the UP -315 should remain in effect per the
conditions in its letter dated.2 /9/84. One of those conditions in-
dicated that the site had to be cleaned up in 15 working days or by
March 1, 1984 (22 calendar days). It should be noted that the appli-
cant agreed to these conditions at the time of the public hearing.
Staff clarified what would constitute compliance with this
condition in its letter dated 2/16/84. Staff also met with Mr.
Rodoni and his attorney on site on 2/28/84. On 3/2/84 staff inspected
that site and determined that the water tanks and trailers had not
been removed as required and that various pieces of equipment, parts
Report to Planning Commission
UP -315 - Estate of Lillian Rodoni
4/9/84
Page 2
and materials were improperly being stored outside the buildings on
site. Staff reported these findings to the Commission at its meeting
of 3/14/84 which subsequently voted 6 to 1 to -revoke the use permit.
STAFF ANALYSIS
The applicant indicates in her appeal that the 15 working day
time limit established by the Commission was not sufficient and that
she had requested 30 days to clean up the property. However, the
applicant's attorney agreed to the time limit and 15 working days
represents 22 calendar days given the applicant to clean up the site.
(It should be noted that nothing was done to the site for a substantial
portion of this time frame). If the applicant felt that the clean up
could not be completed within the time limit, this specific condition
should have been appealed to the City Council after the Commission's
action.
The applicant also indicated that 90% of the clean up was done
and that only two storage tanks would have to be removed. Staff visi-
ted the site on 4/9/84 and noted the following items still stored
outside:
1. Three trailers
2. Water storage tanks and others
3. One piece of heavy equipment
4. Pipes and other materials pushed
to the perimeter of the property
Staff will visit the site again prior to the meeting to determine
the status of the property.
RECOMMENDATION
Considering the past treatment of city conditions for this use
permit and the most recent delay in cleaning up the site, staff has
determined that the only way to eliminate the unsightliness created
by this use is the revocation of this use permit.
I.t the Council determines that this use permit should be allowed
to continue, then it will have to make the required findings per Sec-
tion 16.6 of the Zoning Ordinance. Any approval should be subject to
the following conditions:
1. Site clean up, as defined in the staff letter dated
2/16/84, shall be completed prior to April 30, 1984.
Report to Planning Commission
UP -315 - Estate of Lillian Rodoni
4/9/84
Page 3
2. Landscaping plans shall be submitted for staff review
and approval prior to April 25, 1984. These plans
will be reviewed by staff prior to April 30, 1984.
3. The installation of landscaping is to be completed
by May 15, 1984 and is to be approved by staff.
Landscape planting shall be of significant size to
mitigate the delay in installation.
4. Hours of operation are to be from 8:00 a.m. to
6:00 p.m., Monday through Friday, with activity on
weekends prohibited.
S. All conditions of UP -315 per Resolution No. 810 shall
remain in force and effect unless superceded by con-
ditions 1 through 4 above.
Approved:
i e Flores
Planner
MF /jp
P.C. Agenda.: 4/18/84
igrr ,4
I
REPORT TO PLANNING COMMISSION
3
DATE: � 2 -84
Commission Meeting: 3/-14-84
SUBJECT * Use Permit UP -315
The subject use permit was discussed at your meeting of February
8, 1984, concerning the possibility of its revocation. The
results of that discussion were that the property owner was
given 15 days to comply.with the conditions relative to the
cleanup of the property and an additional time to design and
implement a landscaping plan. Those 15 days were through
March 1, 1984.
On the morning of March 2, 1984 an inspection of the property
was made wi h the following results: Considerable effort has
been put into cleaning up this site, with the result that it
is far less unsightly and a vast improvement over what has
historically existed. The lot has been graded somewhat and
some lath screening has been added to the chain link fence at
Gerald Zeppelli Court.
Those items that Staff feels are not in compliance with the
conditions of the use permit are as follows:
1. Near Saratoga - Sunnyvale Road
Mobile overhead water tank
A tank on ground
Miscellaneous equipment accessories
2. Adjacent to on -site structure
Steel and corrugated pipes
Equipment accessory parts
50 gallon drums
Miscellaneous items against the front and back portions
of the structure
Report
to Planning -ommission
2 -2 -84
RE: Use
Permit UP -315
Page
2
3. Fence alone school parking lot
Transite and concrete pipe
Some debris which is partially obscured and appears
to have been overlooked
4. Fence along school bus yard (rear of site)
Miscellaneous parts and debris
5.. Area generally between the structure and the rear
property line
3 office trailers
Tank trailer and part of tank trailer
Other minor equipment
Tractor and low -boy trailer for hauling same
While the above list is substantial, it should be pointed out that
by and large these items have been arranged in a much more orderly
fashion than existed prior to the Commission's review of this use
permit.
However, as mentioned earlier, it is Staff's.opinion that all of
those items are either specifically contrary to the conditions of
the use permit or are contrary to the intent of the conditions of
the use permit.
L! �
Rob S. Shook
'
D ector of Community Development
RSS:cd
C C
I
'� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 1 � � � � � � � � � � � 1-5-101FAr INHAN I il
REPORT TO PLANNING COMMISSION
DATE: 2/1/84
Commission Meeting: 2/8/84
SUBJECT UP -315, Lorena Rodoni, 14300 Saratoga- Sunnyvale Road
ISSUE: Revoke the subject use permit for a nonconforming commercial
storage yard and contracting business in a R -1 district because of
failure to comply with certain conditions of that use permit.
PLANNING DATA:
PARCEL SIZE: .74± acres
GENERAL PLAN DESIGNATION:
Family (M-12,5)
ZONING: R-1-12,500
SITE DATA:
Residential- Medium Density Single
SURROUNDING LAND USES: Saratoga High School to the north and
east; single family residential to the south and west.
PROJECT CONSIDERATIONS:
AW
HISTORY:
The following is a brief outline of the history of UP -315 by
dates:
July 21, 1976 - Lillian Rodoni applies for a use permit to
continue the use which she indicated had
occupied the site in 1938. .
Nov. 22, 1976 - Planning Commission adopts a resolution approving
the use permit with certain conditions after
conducting several public hearings.
Report to the Pl ning Commission Page 2
UP-315 r C 2/1/84
Dec. 14, 1976 - The property owner appeals the conditions of
UP -315 to the City Council.
Apr. 12, 1977 - The City Council adopts. a resolution approving
the use permit with certain conditions different
from the Planning Commission after several study
sessions and public hearings.
June 27, 1977 - Planning Director requests that the'Code
Enforcement Officer (CEO) inspect the subject
property since conditions 2,3,4,5,6, and 8
have not been complied with.
July 14, 1977 - CEO sends three letters to the property owner
to stating that certain conditions of the use
Jan. 18, 1978 permit had not been satisfied.
Sept 28, 1979 - Inspection by CEO indicates that conditions
3,4,5,6 and 8 have not been complied with.
Oct. 1, 1979 - Planning Director writes property owner re-
questing compliance with the conditions of the
use permit.
Nov. 7, 1983 - The Community Development Director writes to the
property owner requesting compliance with the
conditions of the use permit by Dec. 30, 1983 and
indicated that the matter would be referred to
the City Attorney's office in the event of non-
compliance.
Dec. 7, 1983 - Owner writes to the Community Development Director
indicating the former owner, Lillian Rodoni, was
deceased and that clean up of the site would not
be possible because of inclement weather and
that she would endeavor -�u comply with the use
permit conditions when the weather permits.
Dec. 15, 1983 - The Community Development Director writes the
property owner indicating that the weather should
not interfere with the clean up of the site and
again requested compliance with the conditions
of the use permit.
(sent certified mail which owner refused to accept)
Jan. 11, 1984 The City Attorney's Office informs the property
owner that the use permit has been automatically
suspended due to failure to comply with the conditions
and directed the Community Development Director to begin
revocation proceedings.
Report to the Pl ning Commission Page 3
UP -315, Lorena Rr ni C 2/1/84
SETBACKS: 1�' side yards where 10' normally is required.
HEIGHT: Single -story
TOTAL SIZE OF STRUCTURESi `1,984 sq. ft.' (3 structures)
BUILDING MATERIALS: Corrugated steel
ORDINANCE PROVISIONS: Section 16.11 of the zoning ordinance states
that if any provision of the zoning ordinance is violated by a
conditional use, or if any condition of a use permit is violated,
then the use permit is automatically suspended. A public hearing
is then held within 60 days at which time the Commission can revoke
the.-use permit if it is not satisfied that a reaulation.orcondition
has been.com plied with. The Commission may also take action to
ensure . co_mpl;.,ance with a regulation rather than revoke
the. use permit. Any decision. of the Planning Commission can be appealed to the City Counc_
•STAFF ANALYSIS:
As can be seen from the history of this use permit, it has been
difficult to gain compliance with the conditions of the use permit.
Staff visited the site on January 24, 1984 to determine the status
of the use.:.. At that time staff noted that conditions 3,4,7 and 8
had not been met. However, the employees on site indicated that
they were in the process of .cleaning up the site and that its appearance
would be improved in another week's time. The employees also indicated
that the underground petroleum tanks on site have been removed which
would bring the use into compliance with condition 5. It is not
known whether the Fire Marshall has inspected the site per condition 6
of the use permit jDut it is unlikely since other conditions required
prior to completing conditiona6 have not been met.
On January 24, 1984 staff noted that construction equipment, vehicles,
tires, old car and truck bodies, water tanks, barrels, scrap metal,etc.
were stored outside in direct conflict with conditions 3 and 4 of the
use permit. Also, the office trailer has not been removed or enclosed
within the existing shed as required by condition 4. Staff noted two
small construction trailers also stored on site. A variety of trash
including tires, scrap metal, scrap lumber, broken pipe, etc. was
found on site in violation of condition 7.
No progress has been made by the owner to comply with the provisions
of condition 8 in that:
1. A landscaping plan has not been submitted for City review and
approval.
2. No landscaping has been installed on the site to screen the
facilities although some screening is provided by an existing
row of pine trees along the front of the site.
3. No landscape maintenance agreement has been proposed by the owner
or agreed to by the City.
Report to the Planni Commission Page 4
UP -315, Lorena Rod on 2/1/84
4. Landscaping was to be installed prior to July 31, 1977.
Staff visited the site again on January 31, 1984 and found that portions
of the site had been cleaned up. However, there was still a considerable
amount of old lumber, scrap metal, parts, tires, pipes, etc. pushed
towards the side and back perimeter of the site. The trailers seen
on site on January 24, 1984 were still there. The water storage tanks,
construction equipment and some old truck trailers were still on site.
Therefore, the use was still in violation of conditions 3,4, 7 and 8
of the use permit. Considerable work would be required to bring the
use into compliance with these conditions.
CONCLUSION AND RECOMMENDATION:
Major conditions of this use permit have been ignored by the property
owner for a period of nearly seven.years with minimal or no effort
by the owner to comply with the conditions of the use permit. Only
upon the beginning of these revocation proceedings has the owner begun
to attempt compliance with the conditions of this use permit. No
effort at all has been made to .improve the appearance of this use
by landscaping required by this use permit as a long term condition.
This use permit is scheduled to expire on November 19, 1985 which does
not allow enough time for landscaping to adequately screen this use
which was a major purpose of this use permit.
Considering this factor and the continued violations of the conditions
of this use permit, staff recommends that this use permit be revoked.
This would :require the owner to-,:cease all nonconforming uses located on
the site including the storage of any equipment or materials. Staff is
of the opinion that this is the only way to ensure the elimination of
the unsightliness created by this use.
However, if the Planning Commission determines that this use should
be allowed to continue, staff would recommend that the owner be re-
quired to comply with those conditions currently being violated within
30 days of the Commission's decision and that no extension of time
be given to the continuation of this use.
APPROVED
Michael Fldxes
Assistant Planner
MF /bjc
P.C. Agenda 2/8/84
Man
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Planning Commission ( /
j' Meeting Minutes( 'x/84
.� l
A -933 (cont.)
McGoldrick seconded the motion, which was carried unanimously.
Page 2
4 /' -
�k+1113�'i'
Commissioner McGoldrick moved to approve A -933, per the Staff Report dated
January 26, 1984 and Exhibits "B -1" and "C -1 ", changing Condition 3 to read
5 ft., and noting that the tower has been lowered to 24 ft. Commissioner
Siegfr econded the motion, which was carried unanimously 5 -0.
UP -315 Lorena Rodoni, Consideration of Revocation of an existing Use
Permit which allows the continuation of a nonconforming commer-
cial storage yard and contracting business at 14038 Saratoga-
Sunnyvale Road, in the R -1- 12,500 zoning district
Staff gave the history of the use permit. They stated that there has been
some cleanup of the site since the notice of the proceedings. However, they
are not in compliance with the conditions of the use permit. Staff commented
that, in reviewing, they have found that there is a history of the applicant
ignoring the conditions and attempts for compliance, and they would recommend
that the Commission revoke the use permit.
Commissioner Hlava gave a Land Use Committee report, indicating that some
cleaning had been done; however, there are still large pieces of equipment
and a lot of junk still there, and no new landscaping has been done.
The public hearing was opened at 7:45 p.m.
Y,g Jim Sumner, the attorney representing the applicant, addressed the cleanup
that has been done, and indicated that they were prepared to clean up whatever
remains. He commented that, in order to salvage and reorganize the kodoni
"''business, they are considering using that property in a different manner,
perhaps reviving the application for Tentative Map Approval of a lot split.
He suggested that he and the applicant meet to address the problems that
remain, so that they can come into compliance and work with the Commission
regarding some future use of that property,
Chairman Schaefer noted the exchange of correspondence that has gone on between
the applicant and the City regarding the compliance of the conditions of the
use permit. She commented that some timeframe is. needed if the applicant
- w.ishes�an extension; ; "stating that the non- compliance with the cleanup and
complaints of the residents of the community in general have raised the issue*
Mr. Sumner discussed the conditions of the use permit and commented that they
would like to meet with Staff to discuss the landscaping.
Bob Rockwood, the neighbor immediately behind the site, addressed the general
appearance of the lot and the fact that work starts at 4:30 -5:00 in the mor-
p,,ning. He commented that their bedroom is only 4 ft. from the Rodoni build -
.. ing. He added that they have no complaint about the use, if it were cleaned
up and the hours were regulated. Mr. Rockwood stated that some planting needs
to be done and business conducted in hours that do not disturb the community.
".,.He noted that there have been lights on the property during the last two
nights, and it was determined that the Rodonis did not have them on. Chairman
_"s';Schaefer noted the need for security to be provided by the applicant, since
,'there is a nuisance factor here.
.'!'Christina Wallstead, who lives behind the property, addressed the unsightliness,
the healthfactor, in that there are rats on the property, the noise of trucks
being moved early in the morning, and appropriate hours.
.:The operation and use permit conditions were discussed by the applicant.
Staff noted that Items 3 and 4 have not been complied with, and no landscaping
plan has been submitted. Discussion followed on a timeframe for cleanup and
landscaping, and the appropriate hours of operation. Commissioner McGoldrick
suggested that mature trees be used, at least 15 gallon size, since it has
taken the applicant so long to do the landscaping. It was noted that the .
Planning Commission has continuous jurisdiction on the use permit.
Cindy Rockwood commented on the unsightliness of the lot. Commissioner
Siegfried moved to close the public hearing. Commissioner Harris seconded
the motion, which was carried unanimously.
Commissioner Siegfried commented that his first reaction was to vote for
revocation, but he would be inclined to vote for an extension with some kind
of timeframe and restriction of hours, as previously discussed. He moved to
*She recommended specific timeframes be added for compliance that were later
adopted.
�Aft Mwl-1
Planning Commission Page 3
.� Meeting Minutes 2/�
1
UP -315 (cont.)
grant an extension of the use permit, with the following conditions: (1) the
cleanup work is to be completed within 30 days and is to be approved by Staff;
(2) landscaping plans are to be submitted within 45 days and are to be approved
by Staff within 60 days; (3) installation of landscaping is to be completed
by May 1S, 1984 and is to be approved by Staff; and (4) the hours of operation
are to be 8:00 a.m. to 6:00 p.m. Monday through Friday, with activity on the
weekend prohibited. He added that failure to meet any of the conditions will
-
result in revocation of the use permit. Commissioner Crowther seconded the
motion.
Commissioner Hlava commented that she would vote against the motion. She
stated that she agrees with the Staff Report and feels that the applicant
has had more than ample time to meet the conditions of the use permit. She
noted that the use permit expires in November of 1985 and any landscaping
required now would grow for.only 1' years. Commissioner Hlava added that if
this were a great part of the Rodonis' business she would be in sympathy; how -
ever, they are talking about other ways to use the land.
Commissioner Harris stated that she believes there is a safety factor involved
and she does not ,think the neighbors should have to put up with the situation
for 30 days. Discussion followed and Commissioner Siegfried amended his motion
to state that the site has to be cleaned up within 15 working days. Commis-
sioner Crowther seconded the amendment. The vote was taken on the motion.
The motion was carried 5-1, with Commissioner Hlava dissenting.
,'''COMMUNICATIONS
Oral
1. Chairman Schaefer thanked the Saratoga News and Good Government
Group for attending the meeting.
2. It was determined that the Commission will meet on March 5, 1984 at.
7:OO p.m., in the Senior Center, to discuss priorities.
ADJOURNMENT
Commissioner Hlava moved to adjourn the meeting. Commissioner McGoldrick
seconded the motion, which was carried unanimously. The meeting was adjourned
at 8:35 p.m.
Respectfully submitted,
0 Job4et Q. O'S h
Secretary
RSS:cd
a -
does-
Planning Commission Page 9
Meeting Minutes 3/14/84
18. UP -315 - Radoni Construction Co., Status of Use Permit at end of 15 -day
period
Staff discussed the Staff Report as to the conditions of the use permit,
which lists the areas that have not been complied with. It was noted that
the previous motion by the Commission had included a timeframe which the
applicant had to meet. Staff noted the correspondence which had been sent
to the applicant regarding the use permit and also stated that they had been
informed that Staff was submitting a report to the Commission at this meet-
ing.
Commissioner Hlava stated that she feels that there has been more than
adequate time in which to deal with this subject. She moved to revoke
UP -315. Commissioner McGoldrick seconded the motion, which was carried
6 -1, with Commissioner Schaefer dissenting because she would like to look
at the site again before taking action.
COMMUNICATIONS
Oral
1.'_ Chairman Schaefer thanked the Saratoga News for attending the
meeting and the Good Government Group for attending and serving coffee.
ADJOURNMENT
It was moved and seconded to adjourn the meeting. The motion was carried
unanimously, and the meeting was adjourned at 11:15 P.M.
Respectfully submitted,
obert S. Shook
Secretary
RSS:cd
USE CHIT
CFILE NO: U( 15
VZ XAIFVT G
RESOLUTION NO: 810
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA APPROVING TERMS AND CONDITIONS
OF UP -315 RE: Rodoni Contracting and Storage Yard
WHEREAS, pursuant to application therefore, on November 22, 1976, the
Saratoga Planning Commission granted a Conditional Use Permit to LILLIAN
RODONI, property owner, to.allow the continuation of the hereinafter des"
cribed use, and thereafter appeal therefrom was made to the Saratoga City
Council by the applicant and upon request therefore, a hearing was granted,
noticed and held on said appeal; and
WHEREAS, on said appeal evidence was presented and testimony heard, and
applicants have met their burden of proof required to substantiate the here-
inafter setforth use permit in accord with, and subject to, the condition
hereof;
NOW, THEREFORE, BE IT RESOLVED that after careful consideration of the
testimony, maps, facts, exhibits and other evidence submitted in this matter,
the application for the Use Permit be, and the same is hereby granted for the
term, and subject to all conditions and provisions as setforth on Exhibit "A"
hereof.
BE IT FURTHER RESOLVED that the Report of Findings attached hereto as
Exhibit "B" be approved and adopted, and that the clerk be, and is hereby
directed to notify the parties affected by this decision.
PASSED AND ADOPTED by the Saratoga City Council, State of California,
this_�� day of A 1977, by the following vote.:
AYES: Councilmen Bridges, Brigham, Matteoni, Corr
CD
NOES: Councilman Kraus
ABSENT: None
MAYOR, City of Saratoga
i
c �
EXHIBIT "A"
Terms and Conditions of Use Permit
UP -315
Said Use Permit is to allow the continuation of the present non-conforming
use of a commercial storage yard and contracting business at 14038 Saratoga-
Sunnyvale Road, pursuant to Section 15.3 of Ordinance NS -3 as amended, for
the duration of the exclusive occupancy of LILLIAN RODONI, subject to compliance
with the following conditions:
1) All non - conforming commercial uses conducted on the site shall be
discontinued within ten years from November 19, 1975.
2) Existing chemical toilet shall be removed within 30 days of this
permit. Future sanitary facilities if any, shall be connected to
sanitary sewer.
3) All storage on the site shall be confined within the present storage
shed and warehouse structure. No outdoor storage 4s allowed, except
incidental items from time -to -time of such materials as culvert pipe,
railroad ties, lumber, neatly stacked and not exceeding 4 feet in height.
4) The office trailer, other vehicles, miscellaneous equipment and
other materials shall be removed from the site or enclosed within
the existing shed and warehouse by May 30, 1977.
5) The underground petroleum tanks must be bought up to County Fire
District standards. If said tanks are not in use or have been
abondoned for more than 90 days the owner shall cause them to be
removed from the site.
6) Upon compliance with conditions 3, 4 and 5 the owner shall contact
the County Fire Marshall and have the site and buildings inspected
for compliance with all County fire codes.
7) The property shall at all times, during the term of this use permit,
be maintained in a safe clean and trash free condition,
8) At such time as the "Reid Lane" cul -de -sac is completed and accepted
the entire street frontage, including Saratoga - Sunnyvale Road, abut-
ting this site shall be subject to the following improvements.
a. Landscaping and accompanying irrigation of the frontage area
behind the fence shall be submitted to the Planning Commission
staff. Landscaping shall be sufficient to adequately screen .
storage facilities from public view, and additionally, be of
such species that it will within a reasonable period of time
cover the fence.
b. Plans for such landscaping shall be submitted for Planning
Department approval by May 30, 1977.
EXHIBIT "A"
Page 2
C. Maintenance of such landscaping shall be the permanent
responsibility of the owner (Rodoni) and secured by a
reconded landscape maintenance agreement approved by
the City,
d. These improvements shall be installed and permanently
maintained in a satisfactory manner by the owner. Said
improvements shall be completed in acceptable form no
later than July 31, 1977.
9) The City Code Enforcement'Officer, under direction of the City
Planning Commission, shall from time to time throughout the term
of this use permit, make, without advance notice, periodic inspect-
ions of the site and its operation to assure compliance with the
terms and conditions of this use permit,
The City of Saratoga Planning Commission shall retain continuing juris-
diction over the Use Permit herein granted and the right is reserved to, from
time to time, modify, delete or make additions to any or all of the conditions
thereto or to terminate or extend the Use Permit either on its own motion or
on the application of the applicant, in order to preserve a substantial right
of the applicant or to preserve the health, safety, morals, conveience or
welfare of persons residing or working in surrounding areas, or to preserve
existing or prospective values of property and improvements, or to prevent a
public nuisance. No modifications, deletion or addition to any of the condit-
ions hereof, nor any termination of said Use Permit, may be made without a
prior noticed public hearing, with notice given in the same manner as required
for the original Use Permit,
With the exception of the change in the time limits, and housing require-
ments. otherwise applicable by virtue of Section 15.9(c) or Ordinance NS -3
nothing herein contained shall in any manner release or relieve the permittee
from compliance with and being subject to, all of the other regulations and
provisions of Article 15 of said Ordinance NS -3 relating to non - conforming
uses.
PAUL B. SMITH
ERIC L. FARASYN
LEONARD J. SIEGAL
HAROLD S. TOPPEL
STEVEN G. BAIRD
JACK L. BRIDGE
GREGORY A. MANCHUK
ATKINSON • FARASYN
ATTORNEYS AT LAW
660 WEST DANA STREET
P.O. BOX 279
MOUNTAIN VIEW. CALIFORNIA 94042
(415) 967 -6941
March 15, 1984
Estate of Lillian Rodoni
P. O. Box 305
Saratoga, California 95071
Attention: Ms. Lorena J. Rcdoni
Re: Use Permit .No. UP -:i15
Dear -Ads. Rodoni.-
rr D
C
J. M. ATKINSON, (1892 -19821
L. M. FARASYN, (1915 -1979)
L's�C.t =1 �i ►=N�
�.JAR 16 isa<<
CO' "PI;UNITY DEVELOPMENT
A progress report was submitted to the Planning Commission and
considered at its regular meeting on March 14, 1984. Based upon this report, a copy of
which is enclosed herewith, the Commission voted unanimously to revoke your use
permit. The Commissioners concluded that you had not complied with the conditions
of the use permit within the time represented by your attorney and agreed upon by the
Commission.
Please be advised that you have ten (10) days from March 14, 1984, to appeal
the decision of the Planning Commission to the Saratoga City Council. If you wish to
file such an appeal, I would suggest that you contact the City Clerk.
Very truly yours,
HAROLD S. TOPPEL
Saratoga City Attorney
HST /ns
enc.
cc: iVir. Bob Shook
Mr. James D. Sumner
C C lJ RECEIVED
. ► � « 2 a Iyt3t�
ATKINSON • FARASYN
ATTORNEYS AT LAW C0;t1PJ!UNITY DEVELOPMENT
PAUL B. SMITH 660 WEST DANA STREET J. M. ATKINSON, (1692 -1982)
ERIC L. FARASYN P.O. BOX 279 L. M. FARASYN, (19 5 -1979)
LEONARD J. SIEGAL
HAROLD S. TOPPEL MOUNTAIN VIEW, CALIFORNIA 04042 (���'• lX�it,_ �%��(�la...N,lir,
STEVEN G. BAIRD (415) 967 -6941
JACK L. BRIDGE
GREGORY A. MANCHUK
January 11, 1984
Mr. Robert S. Shook
Director of Community Development
CITY OF SARATOGA
13777 Fruitvale Avenue
Saratoga, California 95070
Re: Rodoni: Suspension & Revocation of UP -315
Dear Bob:
I have reviewed the Rodoni file since we spoke last week and have
noticed that Page 2 of Exhibit "A" to Resolution No. 810 provides that that use
permit may not be terminated without first conducting a noticed public hearing
before the Saratoga Planning Commission, with notice given in the same manner
as required for the original use permit. This language complies with the issuance
of the use permit revocation procedures set forth in 9 16.11 of the Zoning
Ordinance.
I am enclosing herewith a copy of my letter to Ms. Rodoni informing
her that the use permit has been automatically suspended and that proceedings
for its revocation are being initiated by the City. Zoning Ordinance S 16.11
mandates that the Planning Commission must hold this public hearing within
sixty (60) days, and the public hearing must be noticed and held pursuant to §
16.4. Therefore, please have this revocation hearing placed on the agenda for the
next available Planning Commission meeting which will permit the required
notice period pursuant to 9 16.4, and yet will be held within sixty, (60) days of the
date of my letter to Ms. Rodoni.
Zoning Ordinance § 16.11 also allows the Rodonis to appeal any
Planning Commmission decision regarding the revocation of the use permit to
the City Council. The initiation of any court proceeding against the Rodonis
must wait until the Planning Commission's revocation decision is finalized and
the Rodonis fail to terminate their conditional use on the property.
Thank you for your courtesy and cooperation with this matter. If you
have any questions, please feel free to contact me.
SGB:rm
Enclosure
Very truly yours,
*61111, t bam-j
STEVEN G. BAIRD
Deputy Sartoga City Attorney
PAUL B. SMITH
ERIC L. FARASYN
LEONARD J. SIEGAL
HAROLD S. TOPPEL
STEVEN G. BAIRD
JACK L. BRIDGE
GREGORY A. MANCHUK
ATKINSON - FARASYN
ATTORNEYS AT LAW
660 WEST DANA STREET
P.O. BOX 279
MOUNTAIN VIEW, CALIFORNIA 94042
(415) 967 -6941
January 11, 1984
Ms. Lorena J. Rodoni
RODONI CONSTRUCTION CO.
15501 On Orbit Drive
P.O. Box 305
Saratoga, CA 95070
Re: Suspension & Revocation of UP -315
Dear Ms. Rodoni:
J. M. ATKINSON. (1892 -1982)
L. M. FARASYN, (1915 -1979)
COPO
This letter shall serve as notice that, pursuant to Saratoga Zoning
Ordinance 9 16.11, Use Permit -315 at 14038 Saratoga - Sunnyvale Road is hereby
automatically suspended due to your failure to comply with the conditions set
forth in that Use Permit. Proceedings to revoke Use Permit =315 are being
initiated pursuant to the Saratoga Zoning Ordinance. You shall be given notice
at a later date of the time and place at which the Saratoga Planning Commission
will conduct its hearing regarding the revocation of the subject Use Permit.
If you have any questions regarding the contents of this letter, please
do not hestiate to contact me.
SGB:rm
cc: Robert S. Shook
Very truly yours,
STEVEN G. BAIRD
Deputy Saratoga City Attorney
y
Qq
13777 FRUI YVALE AVENUE SARATOGA, CALIFORNIA 95070
(408) 867 -3438
Community Development
February 9, 1984
Estate of Lillian Rodoni
P. 0. Box 30S
Saratoga, CA 95071
Attention: Ms, Lorena. J. Rodoni
RE: Use Permit #UP -37.5
Dear Ms . 'Rodoni :
The Saratoga Planning Commission, at their meeting of February 8,
1984, considered .revocation of your Use Permit #UP -31S.
After careful review and considerable public testimony, the
Planning Commission determined that the use permit could continue,
subject to the following conditions:
1. Required clean -up work is to be completed within 15 work-
ing days, by March 1, 1984, and is to be approved by Staff.
2. Landscaping plans are to be submitted within 45 days and
approved by Staff within 60 days.
3. The installation of landscaping is to be completed by
May 15, 1984 and is to be approved by Staff. The instruc-
tion from the Commission was that the landscape plantings
be of significant size to mitigate the delay in installa-
tion.
4. Hours of operation are to be 8:00 a.m. to 6:00 p.m. Monday
through Friday, with activity on the weekends prohibited.
The Commission will be monitoring the site for continued compli-
ance. The Commission stressed that the schedu16 must be met;
otherwise, the use permit will be automatically revoked and the
use discontinued.
If: you have any questions concerninc, this hatter, please do not
hesitate to contact our office.
Very truly yours,
r
Robert S. "7hook
Director of Community Development
R S S. c d ZWACO-o -! � /)
cc: James D. Sumner, 46 ttnny�ra.l.ey —GA, City Attorneyr,k�tegye
February 28, 1984
MEMO TO FILE UP -315
Subject: Field meeting February 28, 1984, at 9:00 a.m.
On the referenced date and time I, along with Arjan Idnani, met
with Mr. Doug Radoni and Mr. Jim Sumner, attorney for Mr. Radoni,
on the Radoni property at Saratoga - Sunnyvale Road and Zeppelli
Court.
We discussed the requirements of compliance with UP -315. Messrs.
Sumner and Radoni indicated that there were some of the provisions
that they did not feel they could comply with, particularly the
removal of trailers and certain water tanks and tank trailers.
I informed them that there would be an inspection of the property
after the end of the day on March 1st, to determine what conditions
of the use permit had not been complied with. A report of that
inspection will be made to the Planning Commission at its March
14th meeting.
There was discussion of the landscaping requirements, and I offered
to obtain information from our Parks Superintendent relative to
the type of landscaping that would be appropriate and to relay the
information to Mr. Sumner.
o er oo
Director of Community Development
RSS:cd
1 t /
o s�� Q1
13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070
(408) 867 -3438
OFFICE: Community Development
February 16, 1984
Estate of Lillian Rodoni
P. 0. Box 305
Saratoga, CA 95071
Attention:
:Use Permit #UP -315
Ms. Lorena J. Rodoni
COUNCIL MEMBERS:
Linda Callon
Martha Clevenger
Virginia Fanelli
John Mallory
David Moyles
Dear Ms. Rodoni:
,..Inasmuch as there has been no contact with this office to
discuss the compliance with the terms and conditions of Use
Permit #UP -315, I feel it is important to inform you of the
criterion that this office will be using in determining com-
pliance with those conditions during the fifteen days the
Planning Commission has allowed for that purpose. Hopefully
this will preclude any misunderstanding late in the time
period which would create difficulty in your complying with
'°,these conditions.
Attached is a copy of Exhibit "A" of UP -315, which defines
these conditions. We will be making a very strict interpre-
"tation of these conditions, in.particular Conditions 2, 3 and
4. Condition 2 is straightforward and indicates that this
item shall be .removed.. Condition 3 states that there shall
be no storage of any kind on the site except within the con -
fines of the shed and the warehouse structure. All other
materials are to be removed. Condition 4 indicates that all.
trailers, vehicles of any kind, equipment of any kind, and all
other materials are to be removed. In other words, there is
_to be nothing on this site that is not contained in either the
warehouse structure or neatly stored within the storage shed.
Condition 5 refers to the underground petroleum tanks. During
a recent visit by City Staff, we were informed that these tanks
had been removed. If that is not the case, then the provisions
of Conditions 5 and 6 are still applicable, i.e. brought up.to
;;
Estate of Lillian'. kodoni
RE: UP -315
J
'February 16, 1984
Page 2
County Fire District standards or removed with the appropriate
inspection by the County Fire Marshall.
Very truly yours,
&oe rt S. kk-j'--
Director of Community Development
RSS:cd
Enclosure ! ax.� O
cc: James D. S umn e r v, 4-6 -5-�athes- i-d.-a- = Sunny va-l-e —, C -A
City Attorney (attn: Steve Baird)
Date Received:- 3-k)
Hearing Date: - �-
�AR `? 3 Fee CNJ
JNITY DEVELOP11r.. CITY USE ONLY
APPEAL APPLICATION
Name of Appellant: Estate of Lilian Rodoni
Address: P.O. Box 305, Saratoga, CA 95071
.Telephone.: (408) 867 -3677
Name of Applicant: Lorena and Don Rodoni
Project File No.:
Project Address:
Project Description:
Decision Being Appealed: Termination of Use Permit & '�
Use permit No. UP -315
Grounds for the Appeal (Letter may be attached):
When we appeared before the Planning Commission in February,
we indicated that we would be able to remove all of the offending
items from the property if we had at least 30 days in which to do
SO. At the conclusion of the meeting, the Planning Commission
granted us 15 days to do this work. We have completed 900 of the
work, and there is in fact only one major item left, which will be
satisfied by the time this comes for review before the City Council.
This has to do with the mogul overhead water tank and a tank on the
ground. These will be removed in the very near future.
Given the fact that based on the creation of the cul -de -sac for
access to the high school, everyone agrees that this is a very diffi-
cult piece of property to deal with from a land use standpoint.
Attempts are in progress to discover an alternate, perhaps more
compatable use, but clearly the m�%p t intell g t use is jpursuant to
the Use Permit which we are �� seeking to reinstate. *'� _pe lant"'(,s Signature
*Please do not sign this application until it is presented at the
City offices. If you wish specific people to be notified of this
appeal please list them on a separate sheet.
THIS APPLICATION MUST BE SUBNMITTED WITHIN TEN (10) CALENDAR DAYS OF
T}--IE DATE OF THE DECISION.
APR 11 i984
April 10, 1984
Grace E. Cory
Deputy City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Dear Ms. Cory:
RE: Notice of hearing before City Council for appeal of revocation
of use permit at 14038 Saratoga- Sunnyvale Road, Saratoga, CA.
I am a proud resident of Saratoga who lives within a very close
proximity to 14038 Saratoga - Sunnyvale Road. However, I am not proud
of living so close to a property which has decrepit machinery which
has been rusting away for several years now.
The image which this property presents is not in keeping with the
image of a city with the status of Saratoga; nor does it help the
atmosphere of one of the valley's premiere high schools.
I hope that this situation will be remedied for the benefit of
everyone in Saratoga.
Since ely,���L .
Mrs. Sam Calvanico
A Concerned Citizen