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HomeMy WebLinkAbout05-04-1983 CITY COUNCIL AGENDAMay 4, 1983 Mayor and City Council Members City of Saratoga Fruitvale Avenue Saratoga, California Re: SD -1489 SD -1505 :SD -1531 Wilson Development Dear Honorable Mayor and Members of the City Council: We, the Residents, have been deeply concerned over the course of events and circumstances surrounding the land use applications by Wilson Development. In view of the Council.actions and other events including but not limited to the stipulated settlement of the Wilson lawsuit agreed to by the Council in November as well as the Council entertaining recent.,proposals by Wilson to Council for the amendment of the land use proposal to include office use, the Residents anticipate a Council action confirming their recent decisions which are clearly adverse to the interests and and property rights of the Residents. Dispite extreme reservations about the conclusion to which the Council may feel conmited, the Residents strongly encourage both.the Council and reconsider Developer to resider the position of the Residents which advocates abiding by the subdivision law and providing access from Sunnyvale - Saratoga Road. This access has been conclusively shown to be feasible and as stated by City Staff in their report of September 16, 1981 to the City Council "Said project (10 lots with access off of Saratoga - Sunnyvale Road) complies with all objectives of the 1974 General Plan, and all requirements of the Zoning and Subdivision Ordinances of the City of Saratoga." The Residents have never denied the right of the property owners to develop their property on a basis consistent with the General Plan which provides for the density and residential use. In fact, the development of the property for single family residential use has always been highly desired but only on a basis which is in compliance with the law and ordinances and thereby satisfactorily addresses and upholds the property rights of the Residents. Page 1 ,. May 4, 1983 Page 2 The uncertainty and the struggle for the ultimate land use of this parcel has needlessly been delayed for a period of in excess of two years and very conceivably could.be further delayed two to three.more years. Those that incur real suffering and real damages are not the City Council, the "future" residents of the suject parcel nor the developer, but are, in fact, the current land owners, the Ladota Family and the Olson Family, who have seen the approval process stalemated for want of a willingness to recognize the only legal method of developing the property is via Sunnyvale- Saratoga Road. The Residents have also suffered and endured through this protracted process which appears destined to result in continued aggravation; uncertainty of property rights, and ccnpounded and mare serious delays and expenses even though the Resident's position is founded on the very laws and ordinances of this City. Relevant Factors 1. Tricia Way, is an improved cul de sac with existing homes, and is approximately 400' in length:, 2. On June 10, 1981 as per the official City minutes the Planning Director stated " The 400 ft. cul de sac length requirement (of Tricia Way) must be ::adhered to unless there is a finding that no alternative method is feasible ". 3. The City Council upon their hearing,of SD -1489 (access off of Tricia) denied the project due in' part to the fact, as stated in the official Council minutes, "they cannot make the finding required by Section 13.3 -4 of this Subdivision Ordinance which provides "no cul de,,sac shall be longer than four hundred feet unless a length in" excess of said four hundred feet is, in the opinion of the advisory agency, the only feasible method of developing the property ". 4. Feasibility of the ability to develop the property via Sunnyvale- Saratoga Road does in fact exist and all evidence submitted has conclusively supported this alternative means of egress. Of particular note is the following: a. Traffic Engineers (both the Developers and the Residents) conclude Sunnyvale- Saratoga Road access is reasonable and acceptable in accordance with design standards. May 4, 1983 Page 3 b. Cal Trans, the State.':of California Highway,. Agency who has jurisdiction over the throughfare has indicated access, is available in a manner which is consistent with highway design standards. C. There exists between�;Cos Blvd. and Big Basin Way along Sunnyvale - Saratoga Read, street openings totaling in excess of 35 which require "right in right - out "ingress and egress. d. In fact, several relatively recent (within the last 7 years) subdivisions have been developed with this very type of access being via Sunnyvale- Saratoga Road. . 5. The fact development of this property can.occur from Sunnyvale - Saratoga Road on a basis which is�,entirely defensible is irrefutable and will be the principle theory under which the Residents will remain resolute and pursue an outcome which will not compromise their property rights: 6. The City Staff in their report on application SD -1505 (access from, Sunnyvale- Saratoga Road) did state in their report of September 15, 1981 the following:; "Said project conplies with all objectives of the 1974 General Plan, and all requirements of the Zoning and Subdivision ordinances of the City of Saratoga." This plan is the only plan ever submitted to the Council which can properly satisfy the above statement by the Staff. 7. The lawsuit by Wilson Development against the City did so state with reference to the Council's denial of SD -1505 (access for 10 hcmes via Sunnyvale- Saratoga) that "respondent City Council acted arbitrarily, capriciously and abused its discretion in denying the tentative map application SD -1505 on the basis of two findings, neither of which was supported by any evidence whatsoever ". The Residents concur wholeheartedly but cannot endorse the subsequent lawsuit settlement which in itself violates the law. 8. The violation of Civil Rights and other issues not mentioned here are a very real issue and concern to all Residents the gravity of which should be extremely significant to all parties in light of the circumstances. 9. An important if not crucial.point to realize is the issue . is not one of preference (i.e. I, council person, feel "despite . L May 3, 1983 Page 4 law, etc." the development should proceed with access via Tricia Way). This.in oppostion to tho-property.rights of the Residents who have a right toimintain the issue is one of law not preference. The findings and law 90 SI4:)POrt_ the developmnt via Sunnyvale-Saraboga.Road and.the developer and property owners can achieve theirlend objective consistent with the rights of all parties by an,*endorseneit of SD-1505 or some sindliar site plan. 2 hon-6s could be developed at ,terminus of Tricia without altering the cul-de-sac and 7 or 8 adjacent off of Sumyvale-Saratoga Road). Conclusion The Residents are highly desirous of seeing residential develpFumt on the adjacent parcel as soon as possible and consistent with the ordinances. A protracted continuation of the land use decision as well as needless and expensive delaysifor all parties can be resolved by putt r Eences aside and recognizing what is, i r 1_ I in fact, feasible. the Property Owners and Developer to approach and encourage the Council to endorse a residential development plan providing.access via Suimyvale-Saratoga Road and conclude this application process iri the interests of all parties (City Council, Landowners, Developer,. and Current Residents). Respectfully submitted! Residents (Petitioners dated January 141, 1983) C1'ri: OF SAI:I'11, ` (�.3z Initial: :1GF.DA BILL NO. Dept. f1d. DATE:_ May 4, 1983 C. Atty.' DEPTUME 'T: Community Development C. M SUtaTECT: Appeal of SDR -1533 James & Michael Foley, 18927 Monte Vista Drive V --- - - - - -- Tentative Subdivision Approval - 3 lots Issue St_^tmary The planning Commission approved a three lot subdivision on a 3.3 acre site on Monte Vista Drive in the R -1- 40,000 zoning district. Although the existing residence presently accesses on a private portion of Monte Vista Drive the proposed access would be 2 lots onto the public portion of Monte Vista Drive and 1 lot. onto Sobey Road via a minimum' access road. In conjunction with the lot split tie Commission granted a variance for the setbacks of the existing garage. The Commission determined not to require a cul- de -sac at the end of Monte Vista Drive, thereby moving the barrier as.little as possible. The applicant is not °accessing onto the private portion of Monte Vista and therefore, was not required to improve that portion of Monte Vista along his footage. Mr. Coe.is appealing the Planning Commission's approval of the subject subdivision approval,°as.:znot in conformance with the .General Plan stating that 1) it would cause 5 lots to access on a minimum access road; 2) it.required variances for an' existing garage; 3)'a standard cul -de -sac was-not required by the Planning Commission at the end of Monte Vista Drive; 4) widening of the private portion of Monte Vista Drive was not required or of Sobey Road; and 5) allowing 2.64 lots to be rounded up to 3 lots. t Neighborhood concerns centered on access for the subdivision and continuation of the barrier blocking through_ access on Monte Vista Drive. Recommendation lJphold the .Planning Commission decision, approving the 3 -lot subdivision. L4 Fiscal Impacts None known Exh ibi is /A tta& mr_n is 1. Appeal letter dated::3 /18/83 2. Staff Report dated 2/4/83 and revised 3/2/83 (with geology review), amended 3/9/83 by P.C. 3. Planning Commission Minutes dated 2/23/83 and 3/9/83 4. Resolution No. 1533 -1 5. Correspondence received on the project Council Action 5/4: Consensus to continue to 5 /18'at request of applicant. 5/18: Fanelli /Clevenger moved to deny appeal on V -604. Passed 5 -0. Moyles /Clevenger moved to deny appeal on SDR 1533. Passed 5 -0. A LULL Hearing Date, 1J � Fee 'r• ^n�n�t�'.! t� ULi �� E1` CITY USE APPEAL APPLICATION ONLY Name of Appellant: �1� S Co �c Address: Telephone: s� Z& 4 Name of Applicant: r �O/C EY Project File No.: Project Address: 7 I��IDNTE ��STA , P oject Description: T VA �NT,QT� vE /r%Q,o Fo,e ,� rL o Ts W1 TN Al c c e3 s F,eoM /VJo�v7- ViST.q Decision Being Appealed: � �D,�A,y,U1�i, CoM �� &?ZP2Vim.4 0A.I 3 -9- SS C� oVF_ .DESC,2 /r� ,o pno cr Grounds for the Appeal (Letter may be attached): 097 TA C,yJ` %FiV T�', Appellant's Signatur *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 SUBMITTED WITHIN TEN (10) CALENDAR DAYS OF HE DATE OF THE DECISION. �1 RECEIVED APR 2 8 1983 Mr. & Mrs. Thomas U. Coe 15217 Sobey Road Saratoga, CA 95070 (408)354 -2139 April 25, 1983 c � TO: Saratoga - s-sfon City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 SUBJECT: Statement of appeal toward the Commission's Approval of Project File No. SDR -1533, Foley's Tentative Map for 3 lots with Building Sites and variances. REFERENCE: 1) Staff report to Planning Commission on same subject dated 2 -4 -83, revised 3 -2 -83, by Kathy Kerdus 2) Preliminary Title Report, dated, 2- 4- 83- SJV3 -7B, order no. 132666 -HJJ by W. R. Willis to the attention of Mike Foley 3) Individual Joint Tenancy Deed granting to Tom & Norma Coe their properties at 15217 Sobey Road, dated October 2, 1967 4) Resolution No. V- 311 -1, File No. V -311, City of Saratoga Planning Commission dated November 27, 1967 for the application of Thomas Coe for a sideyard setback variance 5) Variance application by Mr. & Mrs. Larry Stock of 15249 Sobey Road for garage setback allowance in approximately 1978 6) Other attachments 1 Grounds for the Appeal: It is our opinion, that there are at least six specific aspects to this approved project that are not in conformance with the objectives of the General Plan and /or the Zoning and Subdivision Ordinances of the City. These in brief are: 1) The applicants third lot would take access from Sobey Road from a right of way on which 4 (not 3 as indicated in the Staff report) homes presently take access. The approval of this project will now cause 5 homes to take access from the same private driveway /portal to Sobey. 2) Variance for the 10' side yard setback of the garage. 3) Variance for the 23' rear yard setback of the garage caused by the new proposed lot line. 4) Standard conditions would require a cul -de -sac at the end of Monte Vista Drive (at the barrier) which would preclude the applicants from having the required net lot site area. 5) Waving the standard condition which would require the cul- de -sac at the end of Monte Vista Drive. 6) Waving the standard conditions requiring the improvement to the entire footage on Monte Vista Avenue. 7) Waving the standard condition requiring the improvement to the right of way to Sobey. 8)- This project has a "lot yield" factor of 2.64 lots allowed rounded up to 3. This is in conflict to your approval on 2 -23 -83 to the Amendment to Section 13.9 -3 of Subdivision Ordinance providing for the rounding down of slope density calculations. The approval and allowance of these concessions and aspects; 1, 2, 3, 4, & 8 defined above will synergistically create an improvement and structure density which will be inconsistent with the General Plan; be a deterioration of the openness and beauty of the Sobey Road area; as well as devalue the adjoining Droperties. There is also a serious question as to whether the Foley's have the legal right to use a 20' "right of way" to Sobey Road for the 4 purposes of a "permanent and main access and egress road way and /or for the required utilities. If the Foley's legal right to this "right of way" for the stated purposes should be substantiated then there becomes the question as to whether they can physically develop the minimum road way improvement requirements (18' of pavement with 1' shoulders) within the 20' without excavation and grading easements which they do not have. We will be elaborating on each of these aspects and concerns as well as expressing additional concerns and considerations in the text to follow. It is our objective to show and convince you that, perhaps not individually, but synergistically all these aspects and concerns come together to form an undesireable, non- conforming, and untenable "improvement project to this area of our city. We will be urging you to reconsider your approval of this project as planned. Expansion to the aspects of non - conformance: 1) The approval of this project will now cause 5 homes to take access from the same private drive way /portal to Sobey. This would be in violation of the applicable general and specific plans and standard practices. Please refer to figures #1 & #2, attached. Figure #1 depicts the "Right of Way" over which the Foley's propose to take access for their third lot. This "Right of Way" and access to Sobey Road is already currently being used by 4 homes, the Anderson's, the Belik's, the Bonacina's and the Coe's. Section "A" is expanded in detail,to scale in Figure #2. Figure #2 depicts the current pavement configurations and apron /portal to Sobey. The staff (Mr. Robert Shook) has felt that this main (1 of 2) Anderson driveway (shown) really has separate access to Sobey. Figure #2, however, illustrates that in fact the Anderson driveway and the Belik /Bonacina /Coe drive cross each other completely prior to intersecting Sobey and that in fact they share the same Apron /portal and /or access to Sobey. 2) The ten foot side yard setback of the garage is an existing condition and this variance by itself would not be of great importance. It does, however, become a significant factor by allowing for a greater density of improvements & structures .in an area that normally would not be allowed or tolerated. 3) The twenty three foot rear yard setback variance for the garage to accomodate the new proposed lot line creates another even more significant factor in allowing higher structure density than normally allowed in this area. In the past (refer referenced documents), the Planning 3 commission has denied garage set back variance requests for adjacent properties; for the Coe's in November 1967, and the Stocks in 1978. Why are you allowing this now and if you do, will you also be willing to grant the Coe's and the Stock's their variance requests of the past? 4) As stated earlier, standard conditions would require a cul -de -sac at the end of Monte Vista Drive which precludes the applicant from having the required net lot site area. In the referenced report, the Staff recommends "denial of the subdivision application since the required site area is not adequate in Parcel "B" given the standard practice of requiring a cul -de -sac at the end of Monte Vista Drive." This aspect alone should be enough to cause you as a commission to deny this application. If not, it becomes a major link in this synergestic chain that will allow significant substandard improvement densities in this area of our city. 5) Waving the standard condition which would require the cul -de -sac at the end of Monte Vista Drive could allow this subdivision to come into place "today ", but please consider tomorrow. If in the future, this cul -de -sac should become a mandatory requirement and has to be put into place, it now creates a substandard, undersize, developed lot. This would now become another factor allowing even further substandard improvement density. 6) Waving the standard conditions requiring the improvement to the entire footage on Monte Vista Avenue seems to us, inconsistent and inappropriate. If we have put such standards into place, let us conform to them and inforce these standards. If not, we should do away with these standards so that at least we are fair & equitable to all. By inforcing these standards on some and at our whim waving them for others we are doing an injustice to individuals as well as to our community. 7) The same thoughts would apply to the waving of the standard conditions requiring the improvement to the right of way to Sobey Road. In this case, this involves our own personal property as well as our deeded easements to Sobey. Because of this, we would like to insist that you enforce the minimum improvement standards in this area and request that these improvements are done in such a way so as to conform to the existing improvements, i.e.; a) that AC pavement be used where AC currently exists, etc. b) that after all the appropriate widening and grading is accomplished, that a conformal coating of a double seal coat of oil and screenings be applied to cover the patch work so as to match the existing drive ways for cosmetics as well as 4 for preventive maintenance in preserving the integrity of this patch work. As mentioned earlier we are concerned as to whether the Foleys can in fact physically develop these minimum 20' road way improvement requirements in their alleged 20' right of way without disturbing the adjacent properties and their improvements. For these reasons, and in the event that you should continue to approve this project, we would ask that you would make your approval contingent to the following: a) That the Foley's survey this right of way, establishing it's boundaries and ascertaining all interferences to existing improvements and grades. b) Based on this survey submit a detailed plan and specification as to how they will implement this minimum 20' wide improvement in this 20' right of way without disturbing the adjacent properties. c) This proposed plan and specification should then be approved by all the applicable municipal agencies, that it will meet or exceed all the requirements including storm drainage and any other required utilities. d) This implementation plan and specification should also be approved by all the adjacent property owners that they can be assured that all the required work can be done without disturbing their adjacent properties and improvements. And /or that the Foley's obtain all the necessary grading or applicable easements that might be required from the adjacent owners to complete their project. 8) As discussed earlier this project has a "lot yield" factor of 2.64 lots which you are allowing rounded up to 3. This is in conflict to your approval on 2 -23 -83 to the Amendment to Section 13.9 -3 of Subdivision Ordinance providing for the rounding down of slope density calculations. This aspect now becomes yet another factor to further allow substandard higher improvement density into this Sobey Road area. To date, it has not been substantiated as to whether the Foley's have the legal right to this "right of way" to Sobey Road. If they infact do, then the question arises as to whether they have the right to use it for a "permanent and main access and egress roadway" and /or for any required utilities. Their alleged right 5 of way across our property does not appear in any way on our referenced Individual Joint Tenancy Deed. Title reports do indicate that such a 20' "right of way" might exist but certainly not for this specified use. It is our opinion as well as our title officer's, that this right of way was never intended for these purposes and is not appropriate for such purposes today. Our opinion is derived from and substantiated by the following: a) The Foley properties already have 30' and 40' "easements" specified for road purposes to both sections of Monte Vista Drive (refer to referenced Preliminary Title Report, dated 2- 4-83) b) The Foley properties also have established "easements" specified for public utility purposes. NI Should you as a capon decide to continue the approval of this subdivision project, we ask that in consideration of the above facts, you make your approval contingent to the Foley's substantiating their legal right to the Sobey Road "right of way" for these specific purposes. We feel that this contingency would be to the best interest of our City, as well as all those individuals concerned, from a legal standpoint. Please give consideration again to the synergetic effect that all these aspects and factors will have on this area. We believe that the net effect would be substantially inconsistent with the general and specific plans for this area of our City. We urge you to reconsider your decision and deny the approval of this project. In the event that you should continue with your approval of this project, we would respectfully ask that you formally respond to this letter of appeal, answering it's questions, and stating your position on each of the issues presented. This should be done by making specific findings in support or warrant on each of your positions. We would like to thank each of you for your interest and consideration to our appeal. Thomas U. Coe Norma J. Coe Attachments G7 %I /des\ /'7 1 i (• 1 Q/, 1 S. 1 i I / Lfw /f •j 'pep f•."a � L •wIi •% ,•f 1 t � M •t 1 It I I / I MONTE VISTA DRIVE L.•alf .t Qw.vw VA tX5 ,. r . ;•.... .•s+ �r. +r • 1.S& Ac. W . C,ay go-oft A AAA d I L • f TRACT NO. 3 219 g j 'MONTEV000' 'r i l • %lC� USE #� I I N SC N,[ ,E : � , - Z /. V O LSE r,g 14 � T0: Saratoga RE: Letter to you from Tom & Norma Coe, dated 4 -25 -83 concerning the appeal of your approval of the Sobey Project File No. SDR -1533. We the undersigned share in the concerns stated in Tom & Norma Coe's letter to you and urge you to reconsider your approval and deny this project: NAME ADDRESS DATE ift- I JJV/r�eJt. 1 oK 7892 PACE 1 EOOR 1092 PACE RSCwdad at the rngv-t of `�Deettvs aide �X OCT.181%7 A U �ORGG & FOW ReeordaE, seats clay. C"3110F oR1°"t SPACE ABOVE THIS LINE FOR RECORDER'S USE AFFIX I.R.S. $ 56 • 10 IN THIS SPACE 3lttbibibuaY point Tenancp 74 WESTERN TITLE FORM NO. 105 FOR VALUE RECEIVED, nnhTQ.TT'?T.n QR T'3!c;I h� cpr.q r ^f ? T T+nnc ntyl GRANT G to TT, ^,07 any 1117� ;A NEWMAN COE, his wife, as JOINT TENANTS all that real property situate in the C' t y n T Sara *.O r? County of C 1 ? ra , State of California, described as follows: T, ^ ^n7Tn'PTnnT �-, f'Z ^' "T:�"c aq^ r-', "iTnTT Nr," A'nm: ^TT-7n 00CUMEliTARY = OCT 13167 poR METER �` y -INTf R[FL REVEn Uf � 4 i.: :: 00CUMENTARY VOCT OCT1 3'67 7 xw�yw�U.lU218 Dated n ^`nb?r 19 .; 1 STATE OF CALIFORNIA l Snnhn Apra (ss. County of 11 on OC t 3 . 19� before me, the undersigned, a Notary Public, in and for said State, personally appeared r,."", n, () q„i rem S• known to me to be the person— whose name subscribed to the within instrument, and acknowledged to me that -he— executed the same. '/ A dfary Public S. J. peters Name (Type or Printed) • ^+-,rn '!'i €QRD�(1G REOU FSTFfp^BY �r , Ir, ^era ri�r� C ^i,n— Dlvisinn AND WHEN RECORDED MAIL TO F- NAM[ MW. & Mrs 'Thomas Coe A...... 15217 Sober Road C,TT6 Saratoga, California aTAT[ Title Order No. Escrow No � MAIL TAI [TATKMENTS TO rfdr NAM[ . & ml's. Thomas Coe A.—... 15217 Sobey Road CITY a Saratoga, California BTAT[ L I JJV/r�eJt. 1 oK 7892 PACE 1 EOOR 1092 PACE RSCwdad at the rngv-t of `�Deettvs aide �X OCT.181%7 A U �ORGG & FOW ReeordaE, seats clay. C"3110F oR1°"t SPACE ABOVE THIS LINE FOR RECORDER'S USE AFFIX I.R.S. $ 56 • 10 IN THIS SPACE 3lttbibibuaY point Tenancp 74 WESTERN TITLE FORM NO. 105 FOR VALUE RECEIVED, nnhTQ.TT'?T.n QR T'3!c;I h� cpr.q r ^f ? T T+nnc ntyl GRANT G to TT, ^,07 any 1117� ;A NEWMAN COE, his wife, as JOINT TENANTS all that real property situate in the C' t y n T Sara *.O r? County of C 1 ? ra , State of California, described as follows: T, ^ ^n7Tn'PTnnT �-, f'Z ^' "T:�"c aq^ r-', "iTnTT Nr," A'nm: ^TT-7n 00CUMEliTARY = OCT 13167 poR METER �` y -INTf R[FL REVEn Uf � 4 i.: :: 00CUMENTARY VOCT OCT1 3'67 7 xw�yw�U.lU218 Dated n ^`nb?r 19 .; 1 STATE OF CALIFORNIA l Snnhn Apra (ss. County of 11 on OC t 3 . 19� before me, the undersigned, a Notary Public, in and for said State, personally appeared r,."", n, () q„i rem S• known to me to be the person— whose name subscribed to the within instrument, and acknowledged to me that -he— executed the same. '/ A dfary Public S. J. peters Name (Type or Printed) The real property referred to is described as: BOOK 09� PACE 2 Those parcels of land in the City of Saratoga, County of Santa Clara, State of California, described as follows: PARCEL ONE Parcel 2, Map of Record of Survey portions of the Southwest 1/4 of Section 8, To 8 S,, R, 1 W,, M.D.B. & M., filed June 3, 1960, Book 121 of Maps, page 13, Santa Clara County Records, EXCEPTING FROM PARCEL 1 ABOVE: That portion thereof described as follows: A portion of Parcel 2, Map of Record of Survey portions of the Southwest 1/4 of Section 8, To 8 S,, R. 1 W,, M.D.B. & Moll filed June 3, 1960, Book 121 of Maps, page 13, Santa Clara County Records, described as follows: Beginning at the Northerly common corner of Parcels 1 and 2 of said Record of Survey; thence S, 890 419 45" W. along the North line of said Parcel 22 100 feet; thence South and parallel with the line dividing said Parcels 1 and 2, 20 feet; thence No 890 419 45" E. and parallel with said North line 100 feet to the .said dividing line between Parcels 1 and 2; thence North along said dividing line 20 feet to the point of beginning, PARCEL TWO A portion of Parcel 1, Map of Record of Survey portions of the Southwest 1/4 of Section 83, To 8 S,, R. 1 W,, M.D.B. & M., filed June 3, 1960, Book 121 of Maps, page 13, Santa Clara County Records, described as follows: Beginning at the Southwest corner of said Parcel 1; thence North along the line dividing Parcels 1 and 2 of said Record of Survey 100 feet; thence No 890 419 45" E. and parallel with the North line of said Parcel 1, 20 feet; thence South and parallel with said dividing line 100 feet to the Southerly line of said Parcel 1; thence S, 891 419 45" W. along said line 20 feet to the point of beginning. PARCEL THREE Rights of way granted by Deed to Samuel E. Briggs, et ux, recorded. March 27, 1964, Book 6440 Official Records, page 326; to A Right of Way over a portion of the Southwest 1/4 of Section 819 T. 8 S,, R. 1 W,, M.D.B. & Mo, being a strip of land 20 feet wide, the East line of which is described as follows: .. '7"l Tip 1 �• '1,1.7 1 ' •.171'l r _ BOOK . /.092 PACE Beginning at the Northeast corner of Parcel 1 Map.of Record of Survey portions of the Southwest 1/4 of Section 8, T. 8 S,, R. 1 Wo, M.D.B. & M., filed June 3,.1960, Book 121 of Maps, page 13; thence North 120.96 fe.et to the Southwest line of Sobey Road. 2. A right of way over t•he•East'20 feet of Parcel 1, Map of Record of Survey portions of the Southwest 1/4 of Section 8, T. 8 S,, R. 1 W.$ VI.D.B. & M., filed June 3, 1960, Book 121 of Maps, page.13, Santa Clara County Records. MOST)' 11111 REPORT TO PLANNING COMMISSION * *Amended 3/9/83 �r Ci:; or *Revised 3/2/83 kry ED u� DATE: 2/4/83 i Commission Meeting: 3/9/83 SUBJECT SDR -1533 James & Michael Foley, 18927 Monte Vista Drive Tentative Building Site Approval - 3 lots --------------------------------------------------------------------------- REQUEST: Approval of a Tentative Map for 3 lots with access from Monte Vista Drive and Sobey Road. OTHER APPROVALS REQUIRED: Variance to continue existing garage with 10 side setbacks where 20' is required and 23' rearyard setback where 50' is required. PLANNING DATA: * PARCEL SIZE: Total (including property from Johnson's) - 3.3 acres Lot A 51,020 Lot B 41,354 (excludes min. access road) Lot C 46,200 GENERAL PLAN DESIGNATION: ZONING: R -1- 40,000 Very Low Density * LOT YIELD: 2.64 lots allowed rounded up to 3. STTF. nATA SURROUNDING LAND USES: Very Low Density Residential * SITE SLOPE: 16.2% * SLOPE OF PROPOSED LOT: Parcel A 18.1% Parcel B 13.70 Parcel C 16.50 NATURAL FEATURES & VEGETATION: Orchard and grasslands with some significant trees around the existing house. Report to Planning Commission Page 2 SDR -1533 3/2/83 PROJECT CONSIDERATIONS: HISTORY: The applicants are proposing to split a 3.3 acre parcel whit ncludes a portion of the neighboring property (Johnson). A barrier has been constructed on Monte Vista Drive so that through public access does not exist with a 1' strip reserved to the City.: This parcel takes access from the private portion of Monte Vista Drive but has the option to take access from the public portion on the southerly side of the barrier. The applicants propose 2 lots (including that with the existing residence) to take access from the public portion of Monte Vista which would reduce the lots taking access from the private road by one. (The neighbors, the Johnsons, hope to take advantage of this reduction by splitting their lot and adding one additional home to the private road). The application's third lot would take access from Sobey Road from an easement on which 3 homes presently take access. Two lots of record are located on the proposed site, although a swimming pool straddles the common property line. . SETBACKS: Existing garage requires a variance for its 23' rear and 10' side setbacks. *DRIVEWAY & CIRCULATION: The applicants are proposing to revise the access for the existing house to Montewood /Monte Vista. Thus the access for the 3 lots is: one residence from Sobey Road, and two from Montewood /Monte Vista. The Staff Report conditions an emergency access to E1 Camino Grande from Monte Vista. The access from Montewood/ Monte Vista is located along an existing easement partially on the property to the south. Standard conditions would require a cul -de -sac at the end of Monte Vista Drive (at the barrier) but the aggreement on this barrier may preclude this condition. GEOLOGY: Cotton has recommended this application for your action. (:attached) ADDITIONAL `CONCERNS OR COMMENTS: Each net lot is required to contain 40,000 square feet of site area, (which is to now be exclusive of minimum access road). The slope density calculations, however, include the entire parcels to be subdivided. The applicants' map has now been revised to show that they have required site area. However, with a condition for a cul de sac at the end of Monte Vista, the site area would then be less than the required amount. VARIANCE FINDINGS: 1. The property has no physical hardship associated with it for location of the garage since there are viable option for its relocation. 2. Exceptional circumstance applying to the lot and setbacks relate to the construction of the garage done with a permit from the City in 1957, allowing the 10' side setback. Privacy impacts caused by the side setback of the garage are minimal since it's elevation is lower than the adjoining property. The 23' setback Report to Planning Commission page 3 SDR -1533 3%2/83 in the ;.rear is caused by a new proposed lot line*(where 50' is required). 3. Denial of this variance for the garage would not deprive the applicant of the right to develop the property similar to others classified in the same zoning district since there are viable. options. 4. The granting of this variance would not be a grant of special privilege since exceptional circumstances exist. 5. The use will not be detrimental to the community or injurious. to the properties in the vicinity. RECOMMENDATION: *Staff recommends denial of the variance for the garage setbacks since all of the required findings cannot be made; and denial of the sub- division application since the reauired site area is not adequate in-Parcel "B ",given the standard practice of requiring a cul de sac I at the end of Monte Vista Drive. A denial of the map is required if the Commission makes one or more of the following findings: i (a)_ -That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451. " (b) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. (c) That the site is not physically suitable for the type of development. (d) That the site is not physically suitable for the proposed den- sity of development. (e) That the design of the subdivision of the proposed improvements are likely to cause substantial environmental damage or sub- stantially and avoidably injure fish or wildlife or their habitat. (f) That the design of the subdivision or type of improvements is likely to cause serious :public health problems. (g) That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. * DRAFT PROJECT STATUS: If the Commission determines that the cul- de -sac at Montewood is not necessary, the following findings and conditions are recommended: 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. Report to the Plannir' ,ommission ( Page 4 SDR -1533 3/2/83 The housing needs of the region have been considered and have been balanced against the public service needs of its residents and avail- able fiscal and environmental resources. Any approval of the tentative map for SDR -1533 (Exhibit "B -1 " .filed March 2,. 1983).' ' - should be 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 s6Ad 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 Conditions which are hereby required and set forth in accord with Section 23.1 of Ordinance No. 60. II. SPECIFIC CONDITIONS - COMMUNITY DEVELOPMENT DEPARTMENT A. Pay Storm Drainage Fee in effect at the time of obtaining Final Approval. B. Submit "Parcel Map" to City for Checking and Recordation (Pay required Checking & Recordation Fees). ** C. Construct Storm Drainage System as shown on the "Master Drainage Plan" and as directed by the City Engineer, as needed to convey storm runoff to Street, Storm Sewer or Watercourse, - - - - - - -- - - - -- with ..specific. - attention on access.. to Sobey "Road.-... ....... ** D. Construct Access Road 18 ft. wide plus 1 ft. shoulders using double seal coat oil and screenings or better on 6--in. aggregate base from Sobey Road to within 100 ft. of proposed dwelling. Slope of access road shall not exceed 122% without adhering :.. to the following: 1. Access roads having slopes between 122% and 15% shall be surfaced using, 22% and 15% shall be surfaced using, 22 in. Asphalt Concrete on 6 in. Aggregate Base. 2. Access roads having slopes between 15% and 172% shall be surfaced using 4 in. of P.C.C. Concrete rough surfaced using 4 in. Aggregate Base. Slopes in excess of 15% shall not ex- ceed 50 ft in length. 3. Access roads having slope in excess of 172% are not permitted. a. The minimum inside curve radius shall be 42 ft. b. The minimum vertical clearance above road surface shall be 15 ft. C. Bridges and other roadway structures shall be designed to sustain 35,000 lbs. dynamic loading. d. Storm Runoff shall be controlled through the use of culverts and roadside ditches. C- Report to Planning Commission Page 5 SDR -1533 3/2/83 E. Construct turnaround having 32 ft. radius or approved equal using double seal coat oil and screenings or better on 6 in. aggregate base within 100 ft. of proposed dwelling. F. Construct Standard Driveway Approach G. Construct "Valley Gutter" across driveway or pipe culvert under driveway as as approved by the City Engineer. H. Provide adequate sight distance and remove obstructions of view as required at driveway and access road intersections. I. Watercourses must be kept free of obstacles which will change, retard or prevent flow. J. Protective Planting required on roadside cuts and fills. K. Engineered Improvement Plans required for: 1. Storm Drain Construction 2. Access Road Construction L. Pay Plan Check and Inspection Fees as determined from Improvement Plans. M. Enter into Improvement Agreement for required improvements to be completed within one (1) year of receiving Final Approval. N. Post bond to guarantee completion of the required improvements. 0. Emergency Access Gate at north end of Monte Vista Drive. III. SPECIFIC CONDITI "ONS - DEPARTMENT OF INSPECTION SERVICES A. Plans to be reviewed by geotechnical consultant prior to building permit being issued. B. Detailed on -site improvement plans showing: 1. Grading (limits of cuts, fills; slopes, cross - sections, existing and proposed elevations, earthwork quantities). 2. Drainage details (conduit type, slope, outfall, location, etc.) 3. Retaining structures including design by A.I.A. or R.C.E. for wall 3 feet or higher. 4. All existing structures, with notes as to remain or be removed. 5. Erosion control measures C. $400 bond required fo backfill of septic tank. D. Comply with City Geologist letter dated 1/17/83. IV. SPECIFIC CONDITIONS - SANITATION DISTRICT NO. 4 A. Sanitary sewers to be provided and fees paid in accordance with requirements of Sanitation District No. 4 as outlined in letter dated January 20, 1983. Report to Planning Commission \ Page 6 SDR -1533 3/2/83. V. SPECIFIC CONDITIONS - CENTRAL 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. Slope driveway shall not exceed 122% without adhering to the following: 1. Driveways having slopes between 122% to 15% shall be surfaced using 24 inches of A.C. on 6 inch aggregate base. 2. Driveways having slopes between 15% to 172% shall be surfaced using 4 inches of P.C.C. concrete rough sur- faced on 4 inch aggregate base and shall not exceed 50 feet in length. 3. Driveways with greater slopes or longer length will not be accepted. B. Construct a turnaround at the proposed dwelling sites more than 150' from the street having a 32 foot inside radius. Other approved type turnaround must meet requirements of the Fire Chief. Details shall be shown on building plans. C. Driveway shall be a minimum inside curve radius of 42 feet. D. Proposed dwelling must have a minimum recongnized water supply capable of delivering 1000 gallons per minute for 2 hours. This 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 1000 gallons per minute from any three hydrants flowing with 20 psi residual. E. Provide 15 foot clearance over the road or driveway (vertical) to building site. Remove all limbs, wires or other obstacles. VI. SPECIFIC CONDITIONS - SANITATION DISTRICT NO. 4 A. Sewage disposal to be provided by sanitary sewers installed and connected by the developer to one of the existing trunk sewers of the Sanitation District No, 4. 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. VII. SPECIFIC CONDITIONS - SANTA CLARA VALLEY WATER DISTRICT A. Applicant shall, prior to Final Map Approval, submit plans showing the location and intended use of any existing wells to the SCVWD for review and certification. Report to Planning Commission Page 7 SDR -1533 3/2/83 VIII. SPECIFIC CONDITIONS - PERMIT REVIEW DIVISION A. House locations and driveway designs to be reviewed and approved by Central Fire District. B. Design Review Approval required on project prior to issuance of permits. C. Any modifications to the Site Development Plan shall be subject to Planning Commission approval. D. 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`' "feasibile, for future passive or natural heating or cooling opportunities on /in the sub- division/building-site.— E. Agree to participate in any future private road maintenance association prior to Final Approval. F. Design Review of Emergency Access Gate required prior to Final Map Approval. G. Comply with requirements of action on variance application for location of garage on Parcel "A ". ** H. Design Review Approval required for barrier and driveway access onto Monte Vista Drive. IX. COMMENTS A. Tree removal prohibited unless in accord with applicable City Ordinances. Approved: KK /bjc P.C. Agenda 1/25/83 Kathy Kerd "s, anner *kAs amended by the Planning Commission on 3/9/83 "K Planning Commission ( Page 2 Meeting Minutes 3/9/83 SD -1509 (cont.) Molineux propel y and was intending to build the road in a 40 ft. right -of -way. He stated that h would not be able to put the road anywhere else without a slope easement o access to the Molineux property. The possibility of using the 40 ft. reservatio behind the Molineux property was discussed. The access of the other site in he County, if developed at a later time, was also addressed. Staff noted that t y do get County referrals for conditioning. They commented that they would sus ect the site would have to be annexed because it is con- tiguous to the City. Commissioner Hlava que tioned the layout of the subdivision, particularly the location of the road in the middle of the lots,and asked the applicant if he had considered shortenin the cul -de -sac. Mr. Lauer explained that he had looked at it but felt th the problem was the minimum depth requirement of 160 feet. Staff indicated that they wipuld recommend conditioning for precluding any activity on the area of the \P roperty following the creek. Dr. Kim, 19977 Sunset Drive, ated that he was still researching some of the issues and would like to addre s them at a later date. It was pointed out that this matter will be continued the March 23, 1983 meeting. Lester Sachs, Sunset Drive, disc ssed the proposed access. He cited the dangerous traffic situation on Su set and indicated that there is a consensus of residents on Sunset that they a e willing to accept a 4 -lot development, with 2 lots accessing from Sunset and 2 €rom Peach Hill. He commented that the City and County should get together so t at the residents can review one set of plans. He added that as a compromis they would be willing to withdraw their objection to the 1800 ft. cul -de -sac n the basis that there would only be 2 residences that will be served off of it. Bill Elving, Peach Hill, spoke in favor \of the present plan in terms of access. He noted the traffic from Montalvo and the DiManto site on Peach Hill, and commented that it would be most fair and \logical to have access off of Sunset. It was directed that this matter be continued to March 23, 1983. 2a. Negative Declaration - SDR -1527 - Will am Johnson 2b. SDR -1527 - William Johnson, %equest for Tentative Building Site Approval for a 2 -lot subdivision at 18935 Monte Vista (near E1 Camino Grande) Negative Declaration - SDR -1533 - James & Michael Fol 03c. SDR -1533 - James & Michael Foley, Monte Vista and Sobey Road, Request for V -604 - Subdivision Approval to a 3 -lot subdivision for a site with access on Monte Vista Drive (between Montewood and E1 Camino Grande) and Sobey Road in the R -1- 40,000 zoning district and Variance Approval to allow an existing garage to continue with nonconforming side (10' where 20' is required) and rear yard (23' where 50' is required) setbacks The two above applications were discussed simultaneously. Commissioner Siegfried gave a report on the previous on -site visit. He stated that the issues were: (1) whether or not there should be a cul -de -sac at the end of Monte Vista Drive; (2) whether the barrier should be moved and preservation of the trees; and (3) whether there needs to be any improvement of the private road. He discussed the existing garage on the Foley property. The public hearing was opened at 8:26 p.m. Jim Foley, the applicant, discussed relocation of the barrier. He also dis- cussed the cul -de -sac and the turnaround, stating that the Fire District has indicated that the turnaround that is there is adequate now for their needs. Mr. Sven Simonsen, 18433 Montewood Drive, spoke on the barrier, stating that the barricade has been knocked down many times and repaired by the City. He ex- pressed his concern about moving the barrier. It was determined that a con- dition could be added to the Staff Report to require Design Review Approval for the barricade and appropriate landscaping. The applicant stated that they _ share the concerns regarding the barricade and want to make sure that the inte- grity of it is maintained. - 2 - 11" M Planning Commission ( Page 3 Meeting Minutes 3/9%33 SDR -1527 and SDR -1533 (cont.) Dr. Lipton, owner of the house closest to the barricade, requested that atten- tion be paid to the drainage while designing the barricade and road. James Foley, Sr. stated that he had insisted that the original barricade be there. and agreed that it has to remain and be a practical barricade. Tom Coe stated that he is adjacent to the Foleys on the northern boundary at the other end. He expressed the following concerns: (1) increased density, (2) requirement of a variance, (3) drainage, and (4) more than 4 homes on a roadway. He explained that the subdivision will have to go through four right - of -ways that already exist for access. Staff noted that they did not consider the Andersons taking access off of the minimum access road, since they are essentially fronting on Sobey Road and taking direct access to Sobey. Bob Berry, 15225 Sobey, expressed concern about the drainage, stating that there is a drainage problem now and this will add to it. Mr. Foley stated that he shares the concern and the access will be engineered with that in mind. Commissioner Siegfried moved to close the public hearing. Commissioner Hlava seconded the motion, which was carried unanimously. Commissioner Siegfried commented that he did not have any great concerns with either site except for (1) the condition for a cul -de -sac at the end of the public part of Monte Vista Drive should be deleted to retain the natural appearance of the site, (2) a condition that the developer bring back to the Commission a design plan for the barrier and driveway, including any berming on his property, should be added, and (3) the drainage problem at the Coe and Berry sites should be taken care of. He noted that the size of the lots are well within the comparable sites within the neighborhood. He pointed out that one of the Foley accesses on the minimum access road would be deleted, but one would be added from the Johnsons; therefore, he does not feel that that is in- consistent with past actions in the sense that there will be no addition to the existing condition on that minimum access road. Commissioner Bolger commented that, even though he recognizes that the neighbors of Dr. Johnson are in favor of this lot split, it does place more than 4 lots on a minimum access road and he has concerns with that. Commissioner Siegfried moved to approve the Negative Declaration for SDR -1527. Commissioner Hlava seconded the „motion, which was carried unanimously 6 -0. Commissioner Siegfried moved to approve SDR -1527, subject to the conditions of the Staff Report and making the findings. Commissioner Schaefer suggested that Condition VIII -D be eliminated, regarding the removal of the corral, since it is near the existing house and will not affect any neighbors.. Commissioner Siegfried accepted that amendment. Commissioner Nellis seconded the motion, which was carried 5 -1, with Commissioner Bolger dissenting. Commissioner Siegfried moved to approve the Negative Declaration for SDR -1533. Commissioner Hlava seconded the motion, which was carried unanimously 6 -0. Commissioner Siegfried moved to approve V -604, making the findings because of the terrain involved in these sites. He explained that the terrain from the Johnsons' site slopes down quite dramatically to the Foley property at that point, so that the roof of the existing garage is hardly visible from anywhere other than the Foley house. He added that it is surrounded by a considerable amount of foilage and existing vegetation. Commissioner Bolger seconded the motion, which was carried unanimously 6 -0. Commissioner Siegfried moved to approve SDR -1533, subject to the conditions of the Staff Report and making the findings, with the additional conditions added: (1) design review on the barrier and the driveway access onto Monte Vista Drive to preserve as much as possible the natural appearance and existing trees and foilage, (2) the drainage problem at the Coe -Berry end of the property will be taken care of, (3) deleting the requirement for a cul -de -sac at the end of Monte Vista Drive, and (4) elimination of the condition that states that the road must be improved to 13 feet, leaving it as is. Commissioner Nellis seconded the motion, which was carried unanimously 6 -0. Staff explained to Mr. Simonsen that, with the relocation of the barrier, the Foleys can be required to make an additional dedication such that the barricade ` _ Planning Commission Page 4 Meeting Minutes 3/9/83 SDR -1527 and SDR -1533 (cont.) would be on City property or they could be conditioned for the maintenance of that barricade. Commissioner Siegfried suggested that that could be done at the time of design review, since the Commission does not know at this time what the plan will be. The Deputy City-Attorney commented that the Commission could condition it at the time of design review, or if it is not on City -owned property the City could record some sort of agreement pertaining to the maintenance of the barri- er, assigning a responsibility and have it recorded to run with the land. 4a. Negative Declaration -\ SDR -1512 - Saratoga High School 4b. SDR -1512 - Saratoga Hi School, Request for Tentative Subdivision Approval for a 5 -lot ubdivision for a site off of Herriman Avenue near River Ranch ircle in the R- 1- 12,500 zoning district It was noted that the applicAnt has asked for a continuance to explore all the alternatives for access. The public hearing was opened t 9:00 p.m. No one appeared, and it was directed that this matter be continued o April 13, 1933. S. UP -528 - Dwight Caswell (Sa Jose Symphony), 15095 Fruitvale Avenue, Request for Use Permit App val to conduct a "decorator's showhouse" for a one -month period n the R- 1- 40,000 zoning district (near Alondra Lane) Chairman Schaefer described the p�pposal. Traffic and parking were discussed. The public hearing was opened at 9\:1,15 p.m. Charles Robbins, 19348 Monte Vista rive, expressed concern about parking on Valley Vista, stating that it is a v ry narrow road. Staff noted that one of the conditions is for the applicant o post no parking signs along Valley Vista and Alondra. Carolyn Salciccia, legal adviser to thb San Jose Symphony, requested a change of dates to April 30 -May 31, due to pr blems with getting the house prepared. She addressed the parking and the shutt e system. Discussion followed on the enforcement of parking, and Staff comme ted that they would expect that expense to be borne by the applicant. Commissioner Bolger moved to close the pudic hearing. Commissioner Siegfried seconded the motion, which was carried un nimously. Commissioner Schaefer suggested that the n parking signs on Valley Vista and Alonda be placed 40 -50 ft. back and parkin allowed in the street, because of older people who find it difficult to wa t for shuttles. Commissioner Bolger noted that the organization has done a good job of organizing the shuttle aspect, and he would prefer that there not b parking in those streets because of possible property damage to people's lawn or fences. Commissioner Siegfried moved to approve V -528 making the findings in the Staff Report dated 9, 1983, with the condition added that any enforcement expenses would be borne by the applicant. Commissioner'b1cGoldrick seconded the motion, which was carried 6 -0. Break - 9:10 -9:30 p.m. 1 l 6. UP -530 - St. Andrews Church, Request for Ato&nification to the Use Permit to allow the construction of a 5,300 sq. ft. playground at 13601 Saratoga Avenue (near Crestbrook) in,,the R- 1- 20,000 zoning district Staff described the proposal. The public hearing`,was opened at 9:35 p.m. Father Snary, Head Master of St. Andrews Church, discussed the application. Warren Hoid, architect, noted that Mr. and Pars. Joro,ensen have requested that the cyclone fence be extended parallel with their fence. The existing trees were discussed. Mr. Heid suggested that, if the Commission feels that the improvement of Saratoga Avenue is necessary, a Deferred Improvement Agreement should be entered into, so that the improvements would'-happen for hoth the 4- Planning Commission j Meeting Minutes 2/23/83 C Page 4 A -854 (cont.) because she feels that wh n it is appealed to the City Council they will approve it. She added th t she did vote against the Wilson house because there was a question of co atibility regarding the height and size. The vote was taken to deny A�854. The motion was carried 3 -2, with Commissioners Hlava and Schaefer dissenting\ The 10 -day appeal period was noted. 6a. Negative Declaration - SDR 1527 - William Johnson 6b. SDR -1527 - William Johnson, Request for Tentative Building Site Approval for a 2 -lot subdivision at 18935 Monte Vista (near E1 Camino Grande); continued from February 9, 1983 7a. Negative Declaration - SDR -1533 -- James $ Michael Foley r 7b. DR -1533 - James & Michael Foley, Monte Vista and Sobey Road, Request for 7c. -506 - Subdivision Approval for a 3 -lot subdivision for a site with access on Monte Vista Drive (between Montewood and E1 Camino Grande) and Sobey Road in the R -1- 40,000 zoning district and Variance Approval to allow an existing garage to continue with nonconforming side (10' where 20' is required) and rear yard (23' where 50' is required) setbacks; continued from February 9, 1983 It was noted that SDR -1527 and SDR -1533 will be continued. The public hearing was opened at 8:40 p.m. Jim Foley stated that they were concerned about the timing of the Rounding Down Ordinance, since it adversely affects the project. He asked for a con- tinuance to March 9, 1983. Dr. Johnson commented that he would be out of town for six weeks but would agree to the continuance to March 9th if Mr. Foley could represent them. It was directed that these items be continued to the meeting on March 9, 1983. 8. UP -528 - Dwight Casw ll (San Jose Symphony), 15095 Fruitvale Avenue, Request for se Permit Approval to conduct a "decorator's show - house" for a one -month period in the R -1- 40,000 zoning district Chairman Schaefer discussed this proposal and noted concerns regarding parking and traffic on Fruitvale an Saratoga -Los Gatos Road. It was reported that Staff is asking that this it be continued so that the applicant may provide additional parking informatio . It was directed that this item \econtinued to March 9, 1983. 9. A -85S - John Bergman, 14341 ey Road, Request for Design Review and Site Modification Aval to construct a first and second story addition to an exisgarage on a site of greater than 10% in slope in the R -1 -40 zoning district Staff described the proposal. Comm \ssioner McGoldrick gave a Land Use Committee Report, indicating that they had found no problem with the project. The public hearing was opened at 8:50\ .m. Steve Elmore, the architect, gave a pre entation on the project. The existing retaining wall was discussed. Commissioner Bolger moved to close the public hearing. Commissioner McGoldrick seconded the motion, which was carried unanimously. Commissioner Crowther moved to approve A -855 per the Staff Report dated Febru- ary 15, 1983 and Exhibits "B" and "C ". Commissioner Bolger seconded the motion, which was carried unanimously 5 -0. 10. A -8S6 - David Myers, Farr Ranch Court (Parker Ranch), Request for Design Review Approval to construct a two -story single family dwelling in the NHR zoning district Commissioner Crowther stepped down and abstained'from the discussion as a - 4 - RESOLUTION NO. SDR - 1533 -1 RESOLUTION APPROVING TENTATIVE MAP OF JAMES AND MICHAEL FOLEY WHEREAS, application has been made to the Advisory Agency under the Subdivision Map Act of the State of California and un- der the Subdivision Ordinance of the City of Saratoga, for tenta- tive map approval of a lot, site or subdivisions of 3 lots, all as more particularly set forth in File No. SDR -TTT7 of this City, and WHEREAS, this Advisory Agency hereby finds that the proposed subdivision, together with the provisions for its design and im- provement, is consistent with the Saratoga General Plan and with all specific plans relating thereto, and the proposed subdivision and land use is compatible with the objectives, policies and gen- eral land use and programs specified in such General Plan, refer- ence to the approved Staff Report dated February 4, 1983(amended) being hereby made for further particulars, and WHEREAS, this body has heretofor received and considered the (Negative Declaration) prepared for this project in accord with the currently applicable provisions of CEQA, and t: WHEREAS, none of the conditions set forth in Subsections (a) through (g) of Government Code Section 66474 exist with respect to said subdivision, and tentative approval should be granted in accord with the conditions as hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED that the tentative map for the hereinafter described subdivision, which map is dated the 2nd day of March , 19 83, and is marked Exhibit "B -1" in —the hereinabovereferred to file, be and the same is hereby conditionally approved. The conditions of said approval are as more particularly set forth on Exhibit "A" and incorporated herein by reference. The above and foregoing resolution was duly passed and adop- ted by the (Planning Commission) (g�il�iX�����#iXXi?�GXt') at a meeting thereof held on the 9th day of March 19 at which a quorum was present, by the following vote: AYES: Commissioners Bolger, Hlava, McGoldrick, Nellis, Schaefer and Siegfried NOES: None ABSENT: Commissioner Crowther ADVISORY AGENCY ATTEST :`- , - / C 111 ZZ, . rran • StUafr7cCZ Narni cl. &rm_44.wn 1; 1-aui-�vu(e live, SarllLtUC a, Ca Lf o /"L a 95070 f e(i�ua�ri l8, 1983 'r :Ri':-111• htVIE'�'J Deaa Pler ems; ,9 am, OAz:.tiny ;M-i4 -�o be on Pecv/zd cvncean, nn Ae, new cleve.Coz,3vrze,,4 o 1 f Svbe y Xond _ Fzi e :7�,1538. (7e /,Lzj:C v;'. alj mr , tv be no pd a.j v9pv,14 ink t,�e Orrd chance chr ge, C?urz 7KztA concern, howeveZ, .cam ,the acCe.4.4 /road off vl'Sobey winch bvrrderA Darr prrvoerz ry r oe i 4 e L&Ae )CnOA- We aLeadiy have cC,zainace- �rwb C wiuc we have hu ed #v �v l ve w.i-jh czv b j and dru- ina�, -e 19�oe j. (:`e ¢ne cern ,tfzrL� no/re develv�,xzen and widvunaz v f ze wad wi.(� cruz�je moire d.ea.irza .e pow l emw a-td e zo j i vn on &) v cot �"opei -64 (Je a ze in hopea an# e4 , n .the woad oq 4uzlwurzo-,� arzea i would be c zfgin.eezed zlo pzevert ,the above, lhvnf; you. S.irzcPrre.f - �✓r. r `�Z4. %06 �ne/rrr, 15225 Sobezf %vad Sa,.a-10 a, Cu-L/oArzka 9,070 Phone-,- 354 -9158 QC�CQMD APR 2 91983 19175 Monte Vista Dr. Saratoga, CA 95070 April 28, 1983 Hon. Linda Callan, Mayor City Council Members City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 Dear Mayor Callan and Members of the City Council: I am aware of the plans of Mr. and Mrs. James W. Foley, 18927 Monte Vista Dr., Saratoga, to subdivide their property, subject to your approval, in order to construct several new homes thereon. I am also informed that, while Planning Commission approval was forthcoming, an appeal was filed against the proposal by a neighbor of the Foleys. As a longtime neighbor of the Foleys, I wish to express to you my personal agreement with their plans, and I recommend your approval likewise. Mrs. McInerny and I live very close to the Foley property, and I cannot imagine any detriment to the neighborhood or the area by the granting of the Foley request. Thank you for considering this letter; please feel free to contact me if you desire any further information. Sincerely, S��CG 7f ohn S. McInerny JSM:bh cc: Mr. and Mrs. James W. Foley n RECEIVED APR 2 1983 April 29, 1983 James W. Foley, Jr. Michael E. Foley 18927 Monte Vista Drive Saratoga, CA 95070 Mr. Robert S. Shook City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Mr. Shook, We hereby request a deferral of the protest by Mr. Thomas U. Coe to the tentative map submitted by James W. and Michael E. Foley and approved by the Saratoga Planning Commission on March 9, 1983. This item is scheduled to be heard by the City Council on May 4, 1983. As of April 27, 1983 Mr. Coe had not submitted a final copy of his protest. Due to the extensive nature of the protest we feel that there is not enough time to prepare an adequate response to Mr. Coe's concerns. We request that the item be de- ferred to the next appropriate council meeting. Sinc re , l � ames W. Fo ey, Michael E. Foley MEF /mf 'Al T0: Saratoga Planning Commission RE: Letter to you from Tom & Norma Coe, dated 4 -25 -83 concerning the appeal of your approval of the Sobey Project File No. SDR -1533. We the undersigned share in the concerns stated in Tom & Norma Coe's letter to you and urge you to reconsider your approval and deny this project: NAME ADDRESS DATE - - -------3 • .,TO: Saratoga Planning Commission RE: Letter to you from Tom & Norma Coe, dated 4 -25 -83 concerning the appeal of your approval of the Sobey Project File No. SDR -1533. We the undersigned share in the concerns stated in Tom & Norma Coe's letter to you and urge you to reconsider your approval and deny this project: NAME ADDRESS DATE L, -�Jz, �-i -, - -------- ----- - ------ - ------ - - - - -- ---- - - - - --27- -- -1 - - -- C 6J!wv P ------------------ oo S�� -------------- -- = - - -"�� 3 --------------------------- - - - - -- - - -- -- -- - - - - -- � 1.11 11 ----------------------------------------------------------- - - - - -- T0: Saratoga Planning Commission RE: Letter to you from Tom & Norma Coe, dated 4 -25 -83 concerning the appeal of your approval of the Sobey Project File No. SDR -1533. We the undersigned share in the concerns stated in Tom & Norma Coe's letter to you and urge you to reconsider your approval and deny this project: NAME ADDRESS DATE Lu � A2 F} c. s c----) P&=L=PL y Cp ft"c -2--yL .c c p t7 t3dc-r � r)rZ I ro �4 0 cz-- a7S D /`S ccr S S N " `% - C . /ik-4-- c 2 Ocz. l-f ?- ev, t cxjrl •- j 10 %� -�-► _ - `-/ �� -� - - -- - - - - -- -- - - - -- - -- `f i y- - - - - -- -------------------------------- - - - - -- W-2---- - - - - -- -------------------- - - - -. ----------------------------------- -- • �AnlOS c tAwoE.e so,v � \, y L' •ry.w/ � v I i MONTE VISTA DRIVE �NVM Pi I; L•w�• .t d� /iL I 1 I w i I I •1 IP I I• & SA As. Aw . .A. 2 . 1.. ' \ FA# Amoy M \ /y -bA. ob Aw�l off•' � TRACT NO. 3219 r •� ! �` 'MONTE WOOD* t .7 ~� l t • e T0: Saratoga Planning Commission RE: Letter to you from Tom & Norma Coe, dated 4 -25 -83 concerning the appeal of your approval of the Sobey Project File No. SDR -1533. We the undersigned share in the concerns stated in Tom & Norma Coe's letter to you and urge you to reconsider your approval and deny this project: NAME ADDRESS DATE ,r 1 � ----------- 4-1— ------ T0. Saratoga Planning lanning Commission RE: Letter to you from Tom & Norma Coe, dated 4 -25 -83 concerning the appeal of your approval of the Sobey Project File No. SDR -1533. We the undersigned share in the concerns stated in Tom & Norma Coe's letter to you and urge you to reconsider your approval and deny this project: NAME ADDRESS DATE - -1 - -- T0: Saratoga Planning Commission RE: Letter to you from Tom & Norma Coe, dated 4 -25 -83 concerning the appeal of your approval of the Sobey Project File No. SDR -1533. We the undersigned share in the concerns stated in Tom & Norma Coe's letter to you and urge you to reconsider your approval and deny this project: NAME ADDRESS DATE Ao 4szt C see it -------------------------------- ----G- --------------------- - - - - -- T0: Saratoga Planning Commission RE: Letter to you from Tom & Norma Coe, dated 4 -25 -83 concerning the appeal of your approval of the Sobey Project File No. SDR -1533. We the undersigned share in the concerns stated in Tom & Norma Coe's letter to you and urge you to reconsider your approval and deny this project: NAME ADDRESS DATE .J► . T0: Saratoga Planning Commission RE: Letter to you from Tom & Norma Coe, dated 4 -25 -83 concerning the appeal of your approval of the Sobey Project File No. SDR -1533. We the undersigned share in the concerns stated in Tom & Norma Coe's letter to you and urge you to reconsider your approval and deny this project: NAME ADDRESS DATE r .moo o d --------------- - - - - -- - - - -1 - --- - - -- ------------------------ M T0: Saratoga Planning Commission RE: Letter to you from Tom & Norma Coe, dated 4 -25 -83 concerning the 'appeal of your approval of the Sobey Project File No. SDR -1533. We the undersigned share in the concerns stated in Tom & Norma Coe's letter to you and urge you to reconsider your approval and deny this project: NAME ADDRESS DATE f S - D �Ca �6 -------- -- - - - - - -- - - - -- ------ - - - - -- L( ------- - - - - -' - - - - -- Z-4f /� /O T0: Saratoga Planning Commission RE: Letter to you from Tom & Norma Coe, dated 4 -25 -83 concerning the appeal of your approval of the Sobey Project File No. SDR -1533. We the undersigned share in the concerns stated in Tom & Norma Coe's letter to you and urge you to reconsider your approval and deny this project: NAME IZZ ADDRESS DATE T0: Saratoga Planning Commission RE: Letter to you from Tom & Norma Coe, dated 4 -25 -83 concerning the appeal of your approval of the Sobey Project File No. SDR -1533. We the undersigned share in the concerns stated in Tom & Norma Coe's letter to you and urge you to reconsider your approval and deny this project: NAME ADDRESS DATE May 13, 1983 To the Honorable Mayor and City Council of the City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Subject: Appeal of SDR -1533, James & Michael Foley 18927 Monte Vista Drive Tentative Subdivision Approval - 3 lots Dear Mayor Callon and Members of the City Council: In connection with the appeal in this matter we will attempt to respond to the various objections made in the order in which they are raised. Objection No. 1, Access by 5 homes from Sobey. Three homes presently take access from Sobey via private road, namely, Belick, Bonacina and Coe. Appellant assumes that the Anderson access is also via private road. This is. incorrect. The Anderson property fronts on,Sobey. The Anderson driveway to Sobey is on Anderson owned property. The easement used by the three above named _owners crosses�Anderson property and their driveway. Andersons do not depend on any easement for access to Sobey. The access of Anderson to Sobey is subject to an ease- ment for the benefit of others, not by right of easement over property of someone else. Saratoga City Code, App. B, Sec. 1.5, para. WW, defines a private street as one "in private ownership, not dedicated as a public street and not an alley, which affords the principal means of access to one or more lots which do not have frontage on a public street." Objection No. 2 and 3, Variances for garage. The variances granted are for an existing garage. This structure was built in 1957.- It met all setback and other require- ments in effect at that time. It is only visible from the Johnson property. The argument that a variance will allow for increased density is specious. Density means square footage of buildings allowed per area of building site.. Setback means.proximity of structure to an adjacent building site. To the Honorable Mayor and City Council of the City of Saratoga May 13, 1983 Page 2 The Coe and Stock denials of garage variances are.not com- parable situations. Coe already had a garage integral with his home, He desired to build a separate garage. The commission felt that his purpose was to provide additional living space in his home.. Allowing a variance for a garage for this purpose was found to be for convenience rather than for necessity. Therefore, the request was denied.. (Application 10- 13 -67; file No. V- 311.). Stock wished to build a garage because he had none. The variance requested was denied because the applicant's property. was one acre and it was felt that the site afforded adequate space for a garage without the necessity of a variance. (Application 11 -2 -66; file No. V- 286..) Objection No. 4 and 5, Waiver to Cul de sac at end of Monte Vista Drive. All of the residents on the private portion of Monte Vista Drive are on record in writing as desiring to maintain the "Country Lane" character of the street, and as being opposed to its enlargement and improvement (see Exhibit A). To provide a cul de sac would eliminate or alter the existing barrier, which the residents desire to maintain to prevent their street from becoming a thoroughfare. There is ample surfaced area now for turn around at the end of Monte Vista Drive. Objection No. 6, Waiver of Improvement of Foley frontage on Monte Vista Drive. If this application is approved, the Foley property will no longer use the private portion of Monte Vista Drive. The only user will be Mrs. Craycroft. This portion of Monte Vista will become her private driveway. In this status improvement of the same by Foley is not required. Objection No. 7, Improvement of right of way to Sobey Road. There is no proposal that standard conditions of improvement of the right of way to Sobey Road be waived, nor is there any waiver of them. The right of way to Sobey will be improved as required by the City. In that connection, adequate drainage will be provided for the protection of adjacent property. All necessary plans, specifications, etc., will be provided in accordance with city requirements and procedures. There is no need to provide To the Honorable Mayor and City Council May 13, 1983 of the City of Saratoga Page 3 them for tentative map approval. Objection No. 8, Rounding up; validity.of easement to Sobey Rd. (a) Appellant's Claim that three lots have been achieved by "rounding up" in violation of City d'nance is erroneous. The City Council, at its meeting of 1983, continued in effect the "rounding up" rule, and rejected a proposal for "rounding down.." (b) Appellant questions our right of way to Sobey Road: We have established our right by the following:, (1) Title report dated September 26, 1967, wherein the Coe property is stated to be subject to such right of way (Exhibit B, p. 1, para. 5, and property plat thereto; this report. is on file in Coe application for variance dated 10- 13 -67, File No. V -311). (2) Ticor Title Insurance letter dated April 25, 1983, (.Exhibit C hereto). The term "right of way" has been defined by the Supreme Court of California.as "a right of .ingress and egress to and from the grantee's lands." (San Raphael Ranch-Co. v. Ralph Rogers Co., volume 154 California Supreme Court Reports page .76 and 77.) Utilities and sewer services can be provided.by virtue of the above right of way or by an existing easement through the Stock property and across lot A of Foley lands. CONCLUSION It is our firm belief that the proposed lot division is in accordance with our rights as property owners and residents of Saratoga, and is in accordance with the General Plan and with all pertinent ordinances of the city. We respectfully urge that the appeal be� denied and the unanimous - action of the Planning Commission be affirmed. s mit� G� Ley `�' Saratoga. California Aprtl 21, 1983; Too The Saratoga PUraking Commission Res Proposed qf.Monte Vista. Drive We the ',undersighe4,are pleased that'the Saratoga Planning Commission hag granted, approval. to +. ie --joh noon$, appliq 4tion for a lot split. , HoWevero me. do. not. wisih to'. hivw�. Monte V i s_t,* Drive shlarged.: and improved.' We, t44..'priop.qrty owners. maintain our road at our own expens..ee we..Gnj6r; Its*.'. country. lane" character'and W ' t, wish q maintain' it it we /9927 /Y--�Monte Vista'Dri4e, &00/ 4-�7 G-3Monte Vista Drive'' Monte Vi sta.jjriv*-,,, . Monte Vista Drive. ,Cl '�'�i Monte Vista Drive Monte Vista Drive c> Monte Vista n-jum - ,ill...._ Cl .. .. .. _�:J:'. L:U CH::JL]J::J tJL�'L1L I,i_7 LJ`, ]?li '] -i�r't_iu:$'u�.'.SZS'L52."i i5i! 575 .12J��Vii[::5•'_��5:.]i5C5: `iuJ�'S-la_'ij�l iu1f�'8 u^.256"!)' us 258 2j, LJJ:J:Jr L:: C �? M-10 JLSTERN TITLE GUARANTY COMPANY SANTA CLARA COUNTY DIVIESION 70 "011711 &CCONO Sliff.C1 TELCPHONE 2H]•2.1 10 DAN J06E. CALIFORNIA PRFLIMINARY REPORT for a policy of title insurance in the sum of $ W. to be issued by ORIG. & . EST13RN TITLE. INSURANCE COMPANY TO LITTLE VILLAGE REALTY Escrow No. IG 401791 -•A 350 No. Santa Cruz Ave. DF /jg Les Gatos, Cal. Escrow Officer: Claude Sherman A1I1TN: Ken Kenn dy 6cc :TRIPP REALTY 15714 So. Fa.scom Ave. Los Gatos, Cal. 3cc :SALINAS VALLF;Y SAV7Nu LCAN P. 0. Box 5969 San Jose, Cal. Buyer: TlAomas U. Coe et ux. WEST'}: RN TITLE GUARANTY COMPANY Santa Clara County Division, a corporation, h;;r4by reports that title to die real property hereinafter described is on Septetrfber 26, 1967 at 7:30 a vested in: CONSUE1_'0 BR:::C'.(,S, as hell sel :,a at'e p-CpC.1,4 SUBJECT TO: 1- Taxes for 1967 -•68 a lien, not yet dtie or payable. As to Parcel 2 and other property,. Assessment No. 8 Project County Sanitation District No. 4 Sanitary Sewcr Project No, 63 -'l. Balance of Pri.nci.pal (12) years is $1.50116.211 plus $28770 interest. Total to pay in full until July 2, 1967, is $1,1103.911 Exclusive of $141028 Installment on 1966• -67 taxes. (County Code 00. 95`1') 3-• As to Parcel 1 and other property: Assessment No. 9 Project County Sani.tati.on District No. 4 Sanitary Sevier Project No. 63 -1. Balance of Principal (12) years is $1,116.211 plus 5287.70 interest. Total to pay in full until July 2, 1967, is $1,403.94.1?xclusive of $1111.28 Installment on 1966-67 taxes. (County Code No. 95T) 4- As to Parcel 1: Right of way-for water and gas mains over the most Easterly 10 .feet of the premises as res -6rved in Deed from George F. Shaner, et al, to Maude Call, recorded July 9, 1937, Book 838 Official Records, page 2011. 5- As to the Easterly 20 feet of Parcel 1 and Parcels 3 and 4: Right of I-lay as granted to Department of Veterans Affairs of the State of California by Deed recorded March 111, 1958, Book 4029 Official Records, pane 5711. EXHIBIT "B" f NOTE: Taxes for 1966 -67, $1,026,68, paid, Receipt No. 397 -7 -60, Code Area 15 -270 (Includes $58066 personal property tax).' NOTE: Taxes for 1966 -67, $1,026,68, paid, Receipt No. 397 -7 -60, Code Area 15 -270 (Includes $58066 personal property tax).' The real. property referred to is described as: Those parcels of land in the City of Saratolra, County of Santa Clara, State of California, described as follows: PARCEL ONE Parcel 2, Map of Record of Survey portions of the Southwest 1 /11 of Section 8., m• 8 S. , R. 1 W. , M. D.H. & M, , filed June 3, 1960, Book 1.21. of Maps, pa.f;e 13, Santa Clara County Records. EXCEPTING FROM PARCEL 1 ABOVL;: That portion thereof described as follows: A portion of Parcel 2, Hap of Record of Survey portions, of the Southwest 1/11 of Section 8, To 8 S • , R . 1 VI. , M.1).B.M• , filed June 3, 1960, Bool: In of Maps, pare 1.3, Santa Clara County Records, described as follows: Bel inning at 'the Northerly common corner of Parcels 1 and 2 of ; said Record of Survey; thence S. 891 111.' 115" W..alonfr the North line of said Parcel. 2, 100 feet; thence South and parallel with the line dividing 'said Parcels 1 and 2, 20 feet; thence N. 890 111.1 115" E, and parallel with said Morth line 100 feet to the said dividing line between Parcels 1 and 2; thence North al.on� said dividing line 20 feet to the point of beginning, PARCEL TWO A portion of Parcel. 1, Map of Record of Survey portions of the Southwest 1 /11 of Section 8, T. 8 S. , R. 1 41, , M.D.B. & M.,- filed June 3, 1960, Book 121. of Maps, pare 1.3, Santa Clara County Records, described as follows: Beginning at the Southwest corner of said Parcel.l; thence North along the line dividinv Parcels 1 and 2 of said Record of Survey 100 feet; thence I1•, 89° 111' 115" E. and parallel with the North line of said Parcel 1, 20 feet; thence South and parallel with said dividing; line 100 feet to the Southerly line of said Parcel 1; thence S. 891 1110 115" W. alone* said line 20 feet to the point of beginning. -: PARCEL THRI:F. Rights of way granted by Deed to Samuel E. Briggs, et ux, recorded March 27, 19611, Book 0010 Officia.l Records, page 326; 1. A Right of Way .over a portion of the Southwest 1 /11 of Section 8, T. 8 S., R. 1 W.,'M.D.B. & M., being a strip of land 20 feet wide, the East- line of which is described as follows: Beginning at the Ilortheast corner of Parcel 1 Map of Record of Survey portions of the Southwest 1 /!1 of Section 8, T, � S., R. 1 W., M.D.B. & M., filed June 3, 1960, Book 121. of Maps, page 13; thence North 120.96 feet to the Southwest line of Sobey Road. 2. A right of way over the Fast 20 feet of Parcel 1, Map of Record of Survey portions. of the Southwest 1 /II of Section 8, T. 8 S.) R. 1 V1. , M.D.B. & M-31 filed June.3, 1960, Book 12.1 of Maps, paFre 13, Santa Clara County Records. r The information herein set forth is supplemental. to Preliminary Report No, LC 401'191 -A and is made a part thereof. According; to the public records, there have been no deeds conveying, the property described int}pis report recorded within a period of six months prior to the date of this report extent as follows: NONE �r n d ' o Z • (r Iry� I i r i I f' 6 �p I 4 or S7r /0' G^'4 WA7-cj% KA1W ()INV 83S OR ADq J TICOR TITLE INSURANCE April 25, 1983 TO WHOM IT MAY CONCERN: RE: Saratoga Property of Mr. and Mrs. James W. Foley APN Number 397 -08 -029 We have examined the title of Mr. and Mrs. Foley to the above referenced parcel': As of this date they are the owners of a 20 foot right of way from said property to Sobey Road. Said right of way was insured by our company as valid and subsisting when they acquired the property in 1955. To date it has not been changed, modified or extinguished. It is still an insured right of way under our policy of title insurance, numbered B- 164702. Yours very truly, William L. Reed Assistant Vice President ". EXHIBIT "C" Ticor Title Insurance Company of California 110 West Taylor Street, P.O. Box 818, San Jose, California 95106 (408) 292 -4212 T0: The Honorable City Council of the City of Saratoga: Subject: Johnson and Foley lot split applications - File Nos. SDR 1527 & 1533 The undersigned, residents and property owners in the immediate area of the Johnson and Foley properties, hereby approve the above applications subject to the retention of an adequate barrier between the public and private portions of Monte Vista Drive, and request that said applications be granted. Name Address Date c( /s31aa /1wAe/ z?r it dhe? 6- - 1s -ors s �73 RECEIVED MAY 17 X983 �So f PERMIT REVIEW I 6O May 15, 1983 Jean Craycroft 18940 Monte Vista Dr. Saratoga, Ca. 95070 To the Honorable Mayor and City Council of the City of Saratoga 13777 Fruitvale Avenue Saratoga, Ca. 95070 Subject: Appeal of SDR -1533, James and Michael Foley 18927 Monte Vista Dr. Tentative Subdivision Approval - 3 lots Dear Mayor Callon and Members of the City Council: Please withdraw my name from the petition circulated by Mr. and Mrs. Thomas Coe objecting to the above referenced project. My main concern with the proposed development is that adequate drainage be provided so that my property will not be adversely affected, and that the existing barrier at the end of Monte Vista Dr. be maintained. Subject to this concern I am in favor of the Foley project and recommend approval. Sincerely, au, &a Jean Craycroft rA 0-4 CA S-// 03 P 'ROUNDS FOR, OUR L 1. T H E AP PRc��/�► L OF THIS P�2i0`7 EGT A L Lp�n/S �/ACZIANCES AND�02 CpNC ESS� ONS �� T �-+�. GEN ER�L PLAN AND -r-� -1� Z�t�11 NG AND SUgL�IV ISION OrZai�ts�.t�CES. 1. ) If>VE2,BU/-ZC>EN/ /N q A JAR/ ✓ATE" LYR1VjE- S H oM�S TO TA►�E "Ch. C-c- PRAM SAM E oc���EwA�r To sc�a�Y. 2, j/,Ca %1 /SINCE f=0�2 10" SmE7 yA R� .SJF Z- CK . Mo 1 4)-z7"AoEQu4TE Ga1VF---N THE S7AV-40A1::;La PR4,r --rICE OF P.F oui FZii�C� CUL DR - 5)h/AV 1Nlq THE REQV /REO CUL cif SAL . 7) E VE 8,ARQVWl�/L /G c1� ��--rE "LOT Y /ELD��CTOr'' fR EQQU /Re7Mg=—JV T.S TAO /M,DRO VE f�T�S�E' �N MITE 1� /STi4 �4�/ENU� 7) E VE 8,ARQVWl�/L /G c1� ��--rE "LOT Y /ELD��CTOr'' HUD /T /oNq.0 Con �cE,PNS: OO -7;;;,E / -6.4Ey -S /e /GN T —,rO- L ole C oV T 12 0 1,2 /n, 1v T A,,�V z� CAly -75�E .0E VEl C,4 TE ao o c %�EQv /.�E d I/✓i/d�0� /E'/y�NT� 1w Tr/E 2D / O v T V/ 0 A i? T /AV G e r O/V //lESE rlNb CON CE X-2 N S") /ssucs i',A�o vq4 �F �/s �•e o ✓ e c T. YO U C ON 7-1,VJ f7'0 4 VE -7Z1i �/ z, T,09 7- YO 4,14. APA; Ov�,c. /S COAvTi vaE'/✓r T TE / 0/ E y ),5 Sv,B a�A�vr�Ari�G %E /,� I-Ee.A/ 1916,Y7- T Z. o 6-oexy eo, OF WAY Fo,c ES , 2) WE- �J, 6 D 4e or Ts,/,9 T yo CJ /��%.9�rE YO 4�, p i�i°N,e o V4 X. CON T/N GENT TG TAE / - 0A,40W1A16 a) That the Foley's survey this right of way, establishing it's boundaries and ascertaining all interferences to existing improvements and grades. b) Based on this survey submit a detailed plan and specification as to how they will implement this minimum 20' wide improvement in this 20' right of way without disturbing the adjacent properties. c) This proposed plan and specification should then be approved by all the applicable municipal agencies, that it will meet or exceed all the requirements including storm drainage and any other required utilities. d) This implementation plan and specification should also be approved by all the adjacent property owners that they can be assured that all the required work can be done without disturbing their adjacent properties and improvements. And /or that the Foley's obtain all the necessary grading or applicable easements that might be required from the adjacent owners to complete their Project. TfU.0 kY A96K /i/AT yoU /-0/E/�A4y A7,55 ONO Ave wox /N G 17'6 Q0057 10NS AMO �T/pT /�✓G YOv�2 /dOS /7 /obi ON Eivd v OF �E �SSt�E� %�ieESE/✓T,E.D. '?,�/ /S 6'S Oeld- A) A6 ,dO,✓E /N Woe T//✓ G �y M.v/r /.V� �Pt—c yF'ic ,C /�v,o /A✓G S /.V �4.'A - � y Die Wol9deXNAI T ON 4;9C oV OF Y04,1,0- dos , rio.vS ���s�N f�- Yo u 1 u, V' 41' � MDN7 DR (LAW/VA : - c 1-1 BO /VA C 11VO y c � 2 �t MON7EWOOD DRIVE 2IO I- )W e v.. wrIv to � • May 13, 1983 To the Honorable Mayor and City Council of the City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Subject: Appeal of SDR -1533, James & Michael Foley 18927 Monte Vista Drive Tentative Subdivision Approval - 3 lots Dear Mayor Callon and Members of the City Council: In connection with the appeal in this matter we will attempt to respond to the various objections made in the order in which they are raised. Objection No. 1, Access by 5 homes from Sobey. Three homes presently take access from Sobey via private road, namely, Belick, Bonacina and Coe. Appellant assumes that the Anderson access is also via private road. This is incorrect. The Anderson property fronts on Sobey. The Anderson driveway to Sobey is on Anderson owned property. The easement used by the three above named owners crosses Anderson property and their driveway. Andersons do not depend on any easement for access to Sobey. The access of Anderson to Sobey is subject to an ease- ment for the benefit of others, not by right of easement over property of someone else. Saratoga City Code, App. B, Sec. 1.5, para. WW, defines a private street as one "in private ownership, �► not dedicated as a public street and not an alley, which affords the principal means of access to one or more lots which do not have frontage on a public street." Objection No. 2 and 3, Variances for garage. The variances granted are for an existing garage. This structure was built in 1957. It met all setbi -Ick and other require- ments in effect at that time. It is only visible from the Johnson property. The argument that a variance will allow for increased density is specious. Density means square footage of buildings allowed per area of building site. Setback means proximity of structure to an adjacent building site. 14 • To the Honorable Mayor and City Council of the City of Saratoga May 13, 1983 Page 2 The Coe and Stock denials of garage variances are not com- parable situations. Coe already had a garage integral with his home.. He desired to build a separate garage. The commission felt that his purpose was to provide additional living space in his home. Allowing a variance for a garage for this purpose was found to be for convenience rather than for necessity. Therefore, the request was denied. (Application 10- 13 -67; file No. V -311.) Stock wished to build a garage because he had none. The variance requested was denied because the applicant's property was one acre and it was felt that the site afforded adequate space for a garage without the necessity of a variance. (Application 11 -2 -66; file No. V -286.) Objection No. 4 and 5, Waiver to Cul de sac at end of Monte Vista Drive. All of the residents on the private portion of Monte Vista • Drive are on record in writing as desiring to maintain the "Country Lane" character of the street, and as being opposed to its enlargement and improvement (see Exhibit A). To provide a cul de sac would eliminate or alter the existing barrier, which the residents desire to maintain to prevent their street from becoming a thoroughfare. There is ample surfaced area now for turn around at the end of Monte Vista Drive. Objection No. 6, Waiver of Improvement of Foley frontage --,n Monte Vista Drive. If this application is approved, the Foley property will no longer use the private portion of Monte Vista Drive. The only user will be Mrs. Craycroft. This portion of Monte Vista will become her private driveway. In this status improvement of the same by Foley is not required. Objection No. 7, Improvement of right of way to Sobey Road. There is no proposal that standard conditions of improvement of the right of way to Sobey Road be waived, nor is there any waiver of them. The right of way to Sobey will be improved as required by the City. In that connection, adequate drainage will be provided for the protection of adjacent property. All necessary • plans, specifications, etc., will be provided in accordance with city requirements and procedures. There is no need to provide • To the Honorable Mayor and City Council May 13, 1983 of the City of Saratoga Page 3 them for tentative map approval. Objection No. 8, Rounding up; validity of easement to Sobey Rd. (a) Appellant's Claim that three lots have been achieved by "rounding up" in violation of City, d.�'nance is erroneous. The City Council, at its meeting of 1983, continued in effect the "rounding up" rule, and rejected a proposal for "rounding down." (b) Appellant questions our right of way to Sobey Road. We have established our right by the following: (1) Title report dated September 26, 1967, wherein the Coe property is stated to be subject to such right of way (Exhibit B, p. 1, para. 5, and property plat thereto; this report is on file in Coe application for variance dated 10- 13 -67, • File No. V -311). (2) Ticor Title Insurance letter dated April 25, 1983 (.Exhibit C hereto). The term "right of way" has been defined by the Supreme Court of California as "a right of ingress and egress to and from the grantee's lands." (San Raphael Ranch-Co. v. Ralph Rogers Co., volume 154 California Supreme Court Reports page 76 and 77.) Utilities and sewer services can be provided by virtue of the above right of way or by an existing easement through the Stock property and across lot A of Foley lands. CONCLUSION It is our firm belief that the proposed lot division is in accordance with our rights as property owners and residents of Saratoga, and is in accordance with the General Plan and with all pertinent ordinances of the city. We respectfully urge that the appeal be denied and the unanimous action of the Planning Commission be affirmed. r s miti , / G G �t Ley . Saratoga, California Aprtl 21, 1981 To The Saratoga Pliaj�r4r&4 Commission Res Proposed .'Onlargs'ment qt.Monte Vista Drive We the'.undersigned.ar6 pleased that*the Saratoga Planning Commission has granted, ed, approval to the johnsonst applic''atiori for a lot splits. Howevero-we do not* wish to have :Monte V I qtA Drive erilarged.. and improved. We, thA property owners, maintain.our road at our own expense. We , :pnjoy It s ."country -lane" character and wish to maintain At'Av it /Y----Ia�Monte Vista 'Dri,44 &00/ Monte Vista Drive Monte Vista Drive. 7monte Vista Drive ,Ll _1_'T Monte Vista Drive � Monte Vista Drive Monte Vista Drive • • 1 ' .. iJ�:..uL::JL_:J:.J L�L��JLI��LIJ'���]"�f ]JL/ �JIJ LJJU�I�S L1L]�: ISMS' S25u'' �5u:. �t::' S•_;:. S: �u?5�5u�� :S,u'',yI•:U_I`LSU:JrS �'i�1:J1.:,♦S 1�.S iJJI.JJ:J::J rr L::: _.:_:_. 1 .t .I •1�1U t,t WESTERN TITLE GUARANTY COMPANY ��<.■ �.�o G, SANTA CLARA COUNTY DIVIc—ION 70 NORT11 !.LCONU 5111LIT TELUPHONE 2Y3•243U GAN JOSE. CALIF'ON111A Y' -oaAtL � G1 1 Gt PRELIMINARY REPORT for a policy of title insurance in the sum of $ F� to be issued by � t W. ESTERN TITLE INSURANCE COMPANY ORIG. & � TO LITTLE VILLAGE RI"Ai::"'Y" i Escrow No. IIG 401791 -•A � 350 No. Santa Cruz Ave. DF/ jg � i Lcs Gatos, Cal. Escrow Officer: Claude Sherman ATI'TTN: Ken Kenn; dy 6cc:TR1PP REALTY 1571.11 So. Bascom Ave. i Los Gatos, Cal. 3cc :SALINAS VALLF Y SAV_.NuJ LCIAII P. 0. Box 5969 San Jose, Cal. Buyer: 'Thomas U. Coe et ux. WLS'ITMN TITLE GUARANTY ComPANY Santa Clara County Division, a corporation, h,;r6y reports that title to the real property hereinafter described is on Sept ember 26, 1967 at 7:30 a M vested in: CONSUt1'7 1J 1 J..J as he - -.�L separat.e1 l- .rcper,•Y SUBJECT TO: 1- T ,xe•s for 1967 -•68 a lien, not yet dui or p'iyable . As to Parcel 2 and other property-, Assessment No. 8 Project County Sanitation District No. 11 Sanitary Sewer Project No, 63 -'1. Balance of Pr•incj.pal (12) years is $1,11.6.211 plus $28770 interest. Total to pay in full until July 2, 1967, is $1,1103911 E ?xclu:;ive of ?dllll.28 Installment orI 1966 -67 taxes. (County Code No� 95T) 3- As to Parcel I and other property: Assessment No. 9 Project County Sanitation District No, 4 Sanitary Sewer Project No. 63 -1. Balance of Principal (12) years is $1,,116.211 plus, '287.70 interest, Total to pay in full until July 2, 1967, is $1,403.911 I ?xclusive of "'1111.28 Installment on 1966 -67 taxes. (County Code: No. 95T) 4-. As to Parcel 1: Right of way-for water and gas mains over the most Easterly 10 feet of the premises as reserved in Deed from George P. Shaner, et al, to Maude Call, recorded July 9, 1937, Book 838 Official Records, page 2011. 5- As to the Easterly 20 feet of Parcel 1 and Parcels 3 and 4: Right of Way as granted to Deparr.mlent of Veterans Affairs of the State of California by Deed recorded March 14, 1958, Book 4029 Official Records, pane 5711.. EXHIBIT "B" NOTE: Taxes for 1966 -67, $1,026,68, paid, Receipt No. 397 -7 -60, Code Area 1.9 -2.70 (Includes $58.66 personal property tax) C The real. property referred to is described as: Tho -,e parcels of land in the City of Saratoga, County of Santa Clara, State of California, described as follows: PARCEL OIII? Parcel 2, Hap of Record of Survev portions of the Southwest 1/11 of Section 8, m. 8 S. 31 R. 1 W. , M.D.B. & M filed June 3, 1960, Boo]: 111. of Maps, Dare 13, Sn.nta Clam County Records. EXCI;PTIIIC F- 11,0 1 PARCEL 1 ABOVE: That portion thereof described as follows: • A portion of Parcel 2, Nap of Record of Survey portions of the Southwest 1/11 of Section 8, T. 8 S . , R. 1 111.) M. ll. B.M. , filed June 3, 1960, Bool: 1 ?1 of f9rll�s, paf�e 13, Santa Clara County Records, described as follow.,;: Bef;inninf; at the Northerly common corner of Parcels 1 and 2 of said Record of Survey; therice S. 891 111.' 115" W..alonfT the Morth line of said Parcel. 2, 100 feet; thence South and parallel with the line dividing said Parcels 1 and 2, 20 feet; thence N. 89° 41' 115" E. and parallel. with said North line 100 feet to the said dividing line between Parcels 1 and 2; thence North along said dividirifr. line 20 feet to the point of beginning. PARCEL TWO A portion of Parcel. 1, Map of Record of Survey portions of the Southwest 1/11 of Section 83, `1'. 8 S.$ R. 1 W.11 M.D.R. & M... filed June 3, 1960, Book 121. of Maps, pare 1.3, Santa Clara County Records, described as follows: Beginning at the Southwest corner of said Parcel. l; thence North along the line dividinv, Parcels 1 and 2 of said Record of Survev 100 feet; thence 11. 890 111' 45" E. and parallel with the North line of said Parcel 1, 20 feet; thence South and parallel with said dividing line 1.00 feet to the Southerly line of said Parcel . 1; thence S. 890 41' 45" W. along said line 20 feet to the point of befTinninf7.. .j 1 l r� • PARCKL THREIF Rights of way granted by Deed to Samuel E. Briggs, et ux, recorded March 27, 19611, Book 611)10 Official Records, page 326; 1. A Right of Way over a portion of the Southwest 1/11 of Section 8, T. 8 S., R. 1 1.1.5 M.D.B. & M., being a strip of land 20 feet wide, the East line of'which is described as follows: Beginning at the Northeast corner of Parcel 1 Map of Record of Survey portions of the Southwest 1/11 of Section 8, T. 8 S., R. 1 14., M.D.11. & M., filed June 3, 1960, Book 121 of Maps, page 13; thence Ilorth 1 ?0.96 feet to the Southwest line of Sobey Road. 2. A right of way over the East 20 feet of Parcel 1, Map of Record of Survey portion:; of the Southwest 1/11 of Section 82 T. 8 S., R. 1 W., M.D.B, & M., filed June.3, 1960, Boot: 121 of Maps, pafre 13, Santa Clara County Records. The information herein set forth is S,uppl.emental. to Preliminary Report No, L,G 1101'191 -A and is made a pert thereof. According; to the public records, there have been no deeds conveying; the property described in this report recorded within a period of six months prior to the date of this report extent as follows: NONE a , I i O i Jo �Y o.,►; l � 'N K.- ~ �•! Tf n.ao PARcI_� Jac 2-. - -- ��� i r� a ►� s 13 4L a re \0. PINV 838 OR 1o`i �58'J °l{1'X15 "W 531.E; j pxw, i 4 41COR TITLE INSURANCE April 25, 1983 TO WHOM IT MAY CONCERN: RE: Saratoga Property of Mr. and Mrs. James W. APN Number 397 -08 -029 ley We have examined the title of Mr. and Mrs. Foley to the above referenced parcel: As of this date they are the owners of a 20 foot right of way from said property to Sobey Road. Said right of way was insured by our company as valid and subsisting when they acglired the property in 1955. To date it has not been changed, modified for extinguished. It is still an insured right of way under our policylof title insurance, numbered B- 164702. Yours very truly, William L. Reed Assistant Vice President EXHIBIT "C" Ticor Title Insurance Company of California 110 West Taylor Street, P.O. Box 818, San Jose, California 95106 (408) 292 -4212 • •c 41COR TITLE INSURANCE April 25, 1983 TO WHOM IT MAY CONCERN: RE: Saratoga Property of Mr. and Mrs. James W. APN Number 397 -08 -029 ley We have examined the title of Mr. and Mrs. Foley to the above referenced parcel: As of this date they are the owners of a 20 foot right of way from said property to Sobey Road. Said right of way was insured by our company as valid and subsisting when they acglired the property in 1955. To date it has not been changed, modified for extinguished. It is still an insured right of way under our policylof title insurance, numbered B- 164702. Yours very truly, William L. Reed Assistant Vice President EXHIBIT "C" Ticor Title Insurance Company of California 110 West Taylor Street, P.O. Box 818, San Jose, California 95106 (408) 292 -4212 r WILLIAM E. GO❑DROW, JR., M. D. PRACTICE LIMITED TD CHILDREN 250 BLOSSOM HILL ROAD LOS GATOS, CALIFORNIA 95030 5, � / 9 '. CITY OF SARATOGA AGENDA BILL NO. DATE: May 4, 1983 DEPARTMENT: Community Development- Engineering SUBJECT: SDR -1100 - Brandywine Drive - Final Acceptance Initial: Dept. Hd. C. Atty. C. Mgr. Issue Summary The cul -de -sac bulb constructed at the end of Brandywine Drive, that was constructed under SDR -1100, received construction acceptance on April 12, 1977, Recently it was brought to our attention that the offer of dedication for this portion of street had not been accepted by the City, and was being put up for sale at a public auction for non - payment of taxes. This portion of street is in satisfactory condition. Reconrw-ndation Accept the offer of dedication for the portion of Brandywine Drive constructed under SDR -1100, release the improvement security and adopt Resolution No. Fiscal Impacts Future maintenance Exhibits /AttacYurents 1. Memo for final acceptance 2. Resolution accepting offer of dedication 3. Location map Council Action 5/4: Resolution 36 -B -205 approved on Consent Calendar 5 -0. t r %1ENIOO RANDUNI 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 TO: City Council DATE: April 22, 1983 FROM: Director of Community Development SUBJECT: Final Acceptance for SDR -1100 Location: Branvwine Drive The one (1) year maintenance period for SDR -1100, A.R. Woolworth has expired and all deficiencies of the improvements have been corrected. Therefore, I recommend the streets and other public facilities be accepted into the City system. Attached for City Council consideration is Resolu- tion , which accepts the public improvements, easements and rights -of -way. Since the developer has fulfilled his obligation described in the improve- ment contract, I also recommend the improvement securities listed below be released. The following information is included for your information and use: 1. Developer: A. R. Woolworth Address: 10099 Brandywine Court, Saratoga, CA. 95070 2. Date of Construction Acceptance: April 12, 1977 3. Improvement Security: Type: Surety Amount: $7,200.00 Issuing Co: Insurance Company of North America Address: Philadelphia, Pennsylvania Receipt, Bond or Certificate No.': MNR- 906730 4. Miles of Public Street: 0.0 5. Special Remarks: Robert S. Shook RSS /dsm :N RESOLUTION NO. RESOLUTION ACCEPTING DEDICATION OF RIGHT -OF -TRAY The City Council of the City of Saratoga hereby resolves, as follows: SECTION 1: Reference is hereby made to the following Offer of of Dedication to the City of Saratoga covering rights -of -way over portions of streets: a.) Offer recorded on B515 at Page 51 July 22, 1975 in Book of Santa Clara County Records. SECTION 2: The aforesaid Offer of Dedication is hereby accepted by the City of Saratoga and the above portions of said streets covered thereby are hereby declared to be public streets of the City of Saratoga. BE IT FURTHER RESOLVED: That the following described Improvement Bond is hereby ordered released: That certain Improvement Bond (Type) Surety No. MNR- 906730 Dated: June 25, issued by: Insurance Company of North-America, Phliadeiphia, PA. The above and foregoing resolution was passed and adopted on the day of , 19 , at a regular meeting of the City Council of Saratoga by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK MAYOR RESOLUTION NO. RESOLUTION ACCEPTING DEDICATION OF RIGHT- OF -TATAY N The City Council of the City of Saratoga hereby resolves, as follows: SECTION 1: Reference is hereby made to the following Offer of of Dedication to the City of Saratoga covering rights -of -way over portions of streets: a.) Offer recorded on B515 at Page 51 July 22, 1975 , in Book of Santa Clara County Records. SECTION 2: The aforesaid Offer of Dedication is hereby accepted by the City of Saratoga and the above portions of said streets covered thereby are hereby declared to be public streets of the City of Saratoga. BE IT FURTHER RESOLVED: That the following described Improvement Bond is hereby ordered released: That certain Improvement Bond (Type) Surety No. MNR- 906730 Dated: June 5, issued by: Insurance Company of North-America, P i a e p ia, PA. The above and foregoing resolution was passed and adopted on the day of 19 , at a regular meeting of the City Council of Saratoga by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK MAYOR A 0 SEA W NA r010 K A ♦` T _i F u AROCLL 7 L DOW iti O 0 Q 1 u J 3 S Y O W O J • � Z Q Q O SDRI �II K(� AROOH�'U� CHA Z 4 C � u c z HICK Y OR. Z T 1 la W HILLS WAY F 3 U � F Q �IL•A1 r ` c T. • a n O I < C) a O < Y j 2 - a Z ' \ ^1f TH[LMA 1 .. i. AGENDA BILL NO. 3 q CITY OF sldF 1IGCA Initial: Dept. Hd. DATE: C. Atty. DEPAEUM :, Community Development C. Mgr. SUBJECT: FINAL ACCEPTANCE FOR S D R 1487 Issue Suannary The one year maintenance period for the subject - %Si9R has expired and all deficiencies have been corrected. At this time, the City must take action to accept the streets and easements offered on the.!Pd_oel Map and-release the Improvement Bond. Recom;nendation 1. Adopt Resolution 36 -B- 2. Authorize release of the attached described Improvement Bond. Fiscal Impacts The City assumes future maintenance responsibility'of the street and storm drains. Exhibits /Attachments 1. Memo describing SDR- and bond 2. Res. 36 -B- Council Action 5/4: Approved Res. 36 -B -206 on Consent Calendar 5 -0. Aeft �1 E NI O R A N D �1 NI 09191T oa §&M&1XQ)0& 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 TO: City Council FROM: Director of Community Development SUBJECT: Final Acceptance for SDR -1487 Location: Aloha DATE: April 22, 1983 The one (1) year maintenance period for SDR -1486 has expired and all deficiencies of the improvements have been corrected. Therefore, I recommend the streets and other public facilities be accepted into the City system. Attached for City Council consideration is Resolu- tion , which accepts the public improvements, easements and rights -of -way. Since the developer has fulfilled his obligation described in the improve- ment contract, I also recommend the improvement securities listed below be released. The following information is included for your information and use: 1. Developer: Saratoga Union School District Address: 14675, Aloha Avenue, Saratoga 2. Date of Construction Acceptance: October 21, 1981 3. Improvement Security: Type: Surety Bond Amount: 35,000.00 Issuing Co: Western Surety Co. Address: 1731 Embarcadero Road Palo Alto, CA. Receipt, Bond or Certificate No.: 2429441 4. Miles of Public Street: 0 5. Special Remarks: Robert S. Shook RSS /dsm RESOLUTION NO. RESOLUTION ACCEPTING DEDICATION OF RIGHT -OF -WAY The City Council of the City of Saratoga hereby resolves, as follows: SECTION 1: Reference is hereby made to the following Offer of of Dedication to the City of Saratoga covering rights -of -way over portions of streets: a.) Offer recorded on 485 at Page- 37 & 38 June 4, 1981 , in Book _of Santa Clara County Records. SECTION 2: The aforesaid Offer of Dedication is hereby accepted by the City of Saratoga and the above portions of said streets covered thereby are hereby declared to be public streets of the City of Saratoga. BE IT FURTHER RESOLVED: That the following described Improvement Bond is hereby ordered released: That certain Improvement Bond (Type) Surety Bond No. 2429441 Dated: May 12, 19 8 1, Amen e e ovem r 1 81 issued by: Western Surety Company The above and foregoing resolution was passed and adopted on the day of 19 at a regular meeting of the City Council of Saratoga by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK MAYOR CITY OF SARATOGA Initial: AGENDA BILL NO. `-t 3 S Dept. Hd. DATE: May 4, 1983 C. Atty DEPARTMENT: Community Development C. Mgr. j -- ----- — ---------------------- ------------------------------ - - - - -� - - - - - -- SUBJECT: SDR -1272 - Padero Court - Final Acceptance Issue Summary Padero Court was constructed, under SDR -1272, from Chiquita Way to the cul -de -sac at the end, and received construction acceptance on January 3, 1979. Padero Court is in satisfactory condition. The first 324± feet of Padero Court lies within.Tract No 5461, and has a separate document offer of dedication (this portion has been put up for sale at a public auction for non - payment of taxes) Recommendation Accept the two (2) offers of dedication ofr Padero Court, release the improvement security posted under SDR -1272 and adopt Resolutions No. and Fiscal Impacts Future maintenance Exhibits /Attachments. 1. Memo for Final acceptance 2. Resolutions accepting offers of dedication 3. Location Map Council Action 5./4: Approved resolutions 36 -B -207 and 208 on Consent Calendar 5 -0. 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 887 -3438 MEMORANDUM TO: City Council FROM: SUBJECT: Director of Community Development Final Acceptance for SDR -1272 Location: Padero Court DATE: April 22, 1983 The one (1) year maintenance period for SDR -1272, Valley High Associates has expired and all deficiencies of the improvements have been corrected. Therefore, I recommend the streets and other public facilities be accepted into the City system. Attached for City Council consideration is Resolu- tion , which accepts the public improvements, easements and rights -of -way. Since the developer has fulfilled his obligation described in the improve- ment contract, I also recommend the improvement securities listed below be released. The following information is included for your information and use: 1. Developer: Stan Finberg (Valley High Associates) Address: 137 E. Hamilton Avenue, Suite 208, Campbell, CA. 95008 2. 3. Date of Construction Acceptance: Improvement Security: Type: Letter of Credit Amount: $25,500.00 Issuing Co: Address: Wells Fargo Bank 475 Sansome Street January 3, 1979 San Francisco, CA. 94111 Receipt, Bond or Certificate No.: 56998 4. Piles of Public Street: 5. Special Remarks: 0.13 Robert S. Shook RSS /dsm RESOLUTION NO. RESOLUTION ACCEPTING DEDICATION OF RIGHT -OF -WAY The City Council of the City of Saratoga hereby resolves, as follows: SECTION 1: Reference is hereby made to the following Offer of of Dedication to the City of Saratoga covering rights -of -way over portions of streets: a.) Offer recorded on of Maps at Page 45 July 22, 1977 in Book 40 of Santa Clara County Records. SECTION 2: The aforesaid Offer of Dedication is hereby accepted by the City of Saratoga and the above portions of said streets covered thereby are hereby declared to be public streets of the City of Saratoga. BE IT FURTHER RESOLVED: That the following described Improvement Bond is hereby ordered released: That certain Improvement Bond No. 56998 Dated: issued by: Wells Fargo Bank (Type) Letter of Credit January 25, The above and foregoing resolution was passed and adopted on the day of 19 , at a regular meeting of the City Council of Saratoga by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK MAYOR I RESOLUTION NO. RESOLUTION ACCEPTING DEDICATION OF RIGHT -OF -WAY The City Council of the City of Saratoga hereby resolves, as follows: SECTION 1: Reference is hereby made to the following Offer of of Dedication to the'City of Saratoga covering rights -of -way over portions of streets: a.) Offer recorded on ''G807 at Page- 11 May 26, 1982 , in Book of Santa Clara County Records. SECTION 2: The aforesaid Offer of Dedication is hereby accepted by the City of Saratoga and the above portions of said streets covered thereby are hereby declared to be public streets of the City of Saratoga: The above and foregoing resolution was passed and adopted on the day of 19 , at a regular meeting - of the City Council of-Saratoga by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK MAYOR -N . SDR 1272 r U CO T Ot ARp utLL O Y W W � 2 U J j �l wAVI[w OYC! LN w • t 3�h EA 11 i 0 U � J ; 0 T n 1 LO I I cu PL� c� cti e� D v i. is O V T ! O u n VERD! VISTA [ NF u u u � r I. i i > ��r > T n m 0 z WO OWAR T f = Q O • T I I t � e � o l e SOH A Drl Rte.. r.� V � n v� AGENDA BILL NO. 14 3 DATE:. May 40 19RR DEPARTMENT: Community Developmext CITY OF SARATOGA Initial: Dept. Hd. SECT: OFFER OF DEDICATION - SARATOGA AVENUE C. Atty. C. Issue Sunmary In 1970 Saratoga Foothills Development Company developed an apartment complex on Saratoga Avenue, opposite La Paloma Avenue and were conditioned to dedicate to the City a portion of Saratoga Avenue conforming to our adopted Official Plan Line. This portion of land has now been put up for sale at a public auction for non - payment of taxes. Recommendation Accept the offer of dedication for a portion of Saratoga Avenue and adopt Resolution No. Fiscal Impacts Future Maintenance Exhibits /Attachments 1. Resolution accepting offer of dedication 2. Location Map Council Action 5/4: Adopted Resolution 36 -B -209 on Consent Calendar 5 -0. RESOLUTION NO. RESOLUTION ACCEPTING DEDICATION OF RIGHT -OF -WAY The City Council of the City of Saratoga hereby resolves, as follows: SECTION 1: Reference is hereby made to the following Offer of of Dedication to the City of Saratoga covering rights -of -way over portions of streets: a•) Offer recorded on August 13, 1970 in Book 9020 at Page 430 of Santa Clara County Records. SECTION 2: The aforesaid Offer of Dedication is hereby accepted by the City of Saratoga and the above portions of said streets covered thereby are hereby declared to be public streets of the City of Saratoga. The above and foregoing resolution was passed and adopted on the day of 19 , at a regular meeting of the City Council of Saratoga by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK MAYOR W S Z I .)WARD CT ~ 1¢ p 3 I MD 4 ty I _/v�J I DURN AN CT. / I' GQ rOs �� RO MW_� { O 0 F 8 a s r e : 0 0 RU, a 1 e e O a � w CIR A� Cr MD 4 ty I _/v�J I DURN AN CT. / I' GQ rOs �� RO MW_� { O 0 F 8 a 1. CITY OF SARATOGA AGENDA BILL NO: Q DATE: May 4, 1983 DEPARTMENT: Maintenance SUBJECT: Landscaping and Lighting District LLA -1 (Existing) Issue Summary Initial: Dept Head: City Atty: City Mgr : At your April 20, 1983 meeting, you adopted Resolution No. 2051, a resolution describing the improvements and directing preparation of the Engineer's Report for fiscal year 1983 -84 for the continuation of the Landscaping and Lighting District LLA -1. Additional Council action is required for this district to proceed. Recommendation Adopt the following: Resolution 2051 -B "A Resolution of Preliminary Approval of Engineer's Report" Resolution 2051 -C "A Resolution of Intention to Order the Levy and Collection of Assessments Pursuant to the Landscaping and Lighting Act of 1972" This Resolution also sets the time and Place of the public hearing for said district at June 1, 1983. Fiscal Impacts The costs for the administration, maintenance and servicing and lighting costs are charged to the various zones within the District based on benefit received. The Santa Clara County Assessor's office will collect the amounts through the taxes and, in turn, send to the City. Exhibits /Attachments Engineer's Report to be presented Wednesday night Resolution No. 2051 -B Resolution No. 2051 -C Council Action 5/4: Fanelli /Moyles moved adoption of Res. 2051 -B. Passed 5 -0. Clevenger /Moyles moved adoption of Res. 2051- C,vith time of public hearing changed to 8:00. Passed 5 -0. ' 1926C -529a WMAM:JEB :mat 04/19/83 12c RESOLUTION NO. 2052 -B A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA -1 ANNEXATION 1983 -1 RESOLVED, by the City Council of the City of Saratoga, California, that WHEREAS, on the 20th day of April, 1983, said Council did adopt its Resolution No. 2052, A Resolution Determining to Undertake Proceedings for the Annexation of Territory to an Existing Assessment District Known as "City of Saratoga Landscaping and Lighting District LLA -1" pursuant to the Landscaping and Lighting Act of 1972, for the City of Saratoga Landscaping and Lighting District LLA -1 Annexation 1983 -1 and did refer the proposed annexation and the proposed improvements therein to the City Engineer of the City (herein the "Engineer ") and did therein direct said Engineer to prepare and file with the City Clerk of said City a report, in writing, all as therein more particularly described, under and pursuant to the Landscaping and Lighting Act of 1972; WHEREAS, said Engineer prepared and filed with the City Clerk of said City a report in writing as called for in said Resolution No. 2052 and under and pursuant to said Act, which report has been presented to this Council for consideration; WHEREAS, said Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that neither said report, nor any part thereof should be modified in any respect; NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED, as follows: 1. That the plans and specifications for the existing improvements and the proposed improvements to be made within the area proposed to be annexed to City of Saratoga Landscaping and Lighting District LLA -1 or within any zone thereof, contained in said report, be, and they are hereby, preliminarily approved. 2. That the Engineer's estimate of the itemized and total costs and expenses of said improvements, maintenance and servicing thereof, and of the incidental expenses in connection therewith, contained in said report, be, and each of them are hereby, preliminarily approved. 3. That the diagram showing the exterior boundaries of the area to be annexed to said assessment district referred to and described in said Resolution No. 2052 and also the boundaries of any zones therein and the lines and dimensions of each lot or parcel of land within said area as such lot or parcel of land is shown on the County Assessor's maps for the fiscal year to which the report applies, each of which lot or parcel of land has been given a separate number upon said diagram, as contained in said report, be, and it is hereby, preliminarily approved. 4. That the proposed assessment of the total amount of the estimated costs and expenses of the proposed improvements upon the several lots or parcels of land in the area proposed to be annexed to said assessment district in proportion to the estimated benefits to be received by such lots or parcels, respectively, from said improvements including the maintenance or servicing, or both, thereof, and of the -2- expenses incidental thereto, as contained in said report, be, and they are hereby, preliminarily approved. 5. That said report shall stand as the Engineer's Report for the purpose of all subsequent proceedings to be had pursuant to said Resolution No. 2052. r I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the day of , 19 , by the following vote of the members thereof: AYES, and in favor thereof, Council Members: NOES, Council Members: ABSENT, Council Members: APPROVED: Mayor -4- City Clerk of the City of Saratoga 1927C -529a WMAM :JEB :mat 04/19/83 12c RESOLUTION NO. 2052 -C A RESOLUTION OF INTENTION TO ORDER THE ANNEXATION OF TERRITORY TO AN EXISTING ASSESSMENT DISTRICT AND THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN SAID TERRITORY PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA -1 ANNEXATION 1983 -1 RESOLVED, by the City Council of the City of Saratoga, California, as follows: WHEREAS, pursuant to Resolution No. 2052, A Resolution Determining to Undertake Proceedings for the Annexation of Territory to An Existing Assessment District Known As "City of Saratoga Landscaping and Lighting District LLA -1 ", adopted on April 20, 1983, by the Council of said City, pursuant to the Landscaping and Lighting Act of 1972, the City Engineer of said City (herein the "Engineer "), has prepared and filed with the City Clerk of this City the written report called for under said Act and by said Resolution No. 2052. which said report has been submitted and preliminarily approved by this Council in accordance with said Act; NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED, as follows: 1. In its opinion the public interest and convenience require and it is the intention of this Council to order the annexation of territory to an existing assessment district and the levy and collection of assessments therein pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the Streets and Highways Code of the State of California, for the construction or installation therein of the improvements, including I the maintenance or servicing, or both, thereof, more particularly described in Exhibit "A" hereto attached and by reference incorporated herein. 2. The cost and expenses of said improvements, including the maintenance or servicing, or both, thereof, are to be made chargeable upon the area proposed to be annexed to an existing assessment district designated as "City of Saratoga Landscaping and Lighting District LLA -1 Annexation 1983 -111, the exterior boundaries of which are the composite and consolidated area as more particularly described on a map thereof on file in the office of the City Clerk of said City, to which reference is hereby made for further particulars. Said map indicates by a boundary line the extent of the territory included in the proposed annexation and area to be assessed and of any zone thereof and the general location of said area. 3. Said Engineer's Report prepared by the Engineer, preliminarily approved by this Council, and on file with the City Clerk of this City is hereby referred to for a full and detailed description of the improvements, the boundaries of the area proposed to be annexed herein and any zones thereof, and the proposed assessments upon assessable lots and parcels of land within said area. 4. Notice is hereby given that Wednesday, the lst day of June, 1983, at the hour of 7:30 o'clock p.m. in the regular meeting place of said Council, City Hall, 13777 Fruitvale Avenue, Saratoga, California, be and the same are hereby appointed and fixed as the time and place for a hearing by this Council on the question of the annexation of territory to an existing assessment district and the levy and collection of the proposed assessment and when and where it will -2- consider and determine whether the owners of a majority of the area of the property to be assessed in the area proposed to be annexed herein have, at or before the conclusion of said hearing, filed written protests against said improvements, the boundaries of the area proposed to be annexed herein and any zone therein, the proposed diagram or the proposed assessment, the Engineer's estimate of cost thereof, and when and where it will consider and finally act upon the Engineer's Report. 5. The Clerk of said City be, and is hereby, directed to give notice of said hearing by causing a copy of this Resolution to be Published once in the Saratoga News, a newspaper published and circulated in said City, said publication to be had and completed at least ten (10) days prior to the date of hearing specified herein. 6. Said Clerk is hereby further directed to mail or cause to be mailed a copy of this Resolution by first class mail, postage prepaid, to all persons owning real property in the area proposed to be annexed and assessed herein, whose names and addresses appear on the last equalized County assessment roll or, where applicable, on the State Board of Equalization assessment roll, said mailing to be had and completed at least fifteen (15) days prior.to the date of said hearing. 7. The office of the Assistant Director of Maintenance Services of said City be, and is hereby designated as the office to answer inquiries regarding any protest proceedings to be had herein, and may be contacted during regular office hours at the City Hall, 13777 Fruitvale Avenue, Saratoga, California 95070 or by calling ( 408) 867 -3438. I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the day of , 19 , by the following vote of the members thereof: AYES, and in favor thereof, Council Members: NOES, Council Members: ABSENT, Council Members: APPROVED: Mayor I. -4- City Clerk of the City of Saratoga T CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA -1 Annexation 1983 -1 The construction or installation, including the maintenance or servicing, or both, thereof, within Zone 9 as hereinafter described, of landscaping, including trees, shrubs, grass, or other ornamental vegetation, statuary, fountains and other ornamental structures and facilities, including the cost-of repair, removal or replacement of all or any part thereof, providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing or treating for disease or injury, the removal of trimmings, rubbish, debris and other solid waste, water for the irrigation of any landscaping, the operation of any fountains or the maintenance of any other improvements. EXHIBIT "A" CITY OF SARATOGA AGENDA BILL NO: `t DATE: May 4, 1983 DEPARTMENT: Maintenance SUBJECT: Landscaping and Lighting District LLA -1 (Annexation) Issue Summar Initial: Dept. Head: City Atty : City Mgr At your April 20, 1983 meeting you adopted Resolution No. 2052, a resolution describing the improvements and directing preparation of the Engineer's Report for fiscal year 1983 -84 for the continuation of the Landscaping and Lighting District LLA -1. Additional Council action is required for this district to proceed. Recommendation Adopt the following: Resolution 2052 -B "Resolution of Preliminary Approval of Engineer's Report" Resolution 2052 -C "Resolution of Intention to order the Annexation of Territory to an Existing Assessment District and the Levy and Collection of Assessments within said Territory Pursuant to the Landscaping and Lighting Act of 1972" This Resolution also sets the time and place for the public hearing for said district at June 1, 1983. Fiscal Impact The costs for the administration, maintenance and servicing, and lighting costs are charged to the various zones within the District based on benefit received. The Santa Clara County Assessor's Office will collect the amounts through the taxes and, in turn, send to the City. Exhibits /Attachments Engineer's Report to be presented Wednesday night. Resolution No. 2052 -B Resolution No. 2052 -C Council Action 5/4: Mallory /Clevenger rroved adoption of Res. 2052 -B. Passed 5 -0. Fanelli /Clevenger moved adoption of Res. 2052 -C with time of public hearing 8:00. Passed 5 -( 1934C -259a WMAM:JEB:mat 04/19/83 12c RESOLUTION NO. 2051 -B A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA -1 FISCAL YEAR 1983 -1984 RESOLVED, by the City Council of the City of Saratoga, California, that WHEREAS, on the 20th day of April, 1983, said Council did adopt its Resolution No. 2051, Describing Improvements and Directing Preparation of Engineer's Report for Fiscal Year 1983 -1984 pursuant to the Landscaping and Lighting Act of 1972, for the City of Saratoga Landscaping and Lighting District LLA -1 in said City and did refer the proposed improvements to the City Engineer, and did therein direct said City Engineer prepare and file with the Clerk of said City a report, in writing, all as therein more particularly described, under and pursuant to the Landscaping and Lighting Act of 1972; WHEREAS, said City Engineer prepared and filed with the Clerk of said City a report in writing as called for in said Resolution No. 2051 and under and pursuant to said Act, which report has been Presented to this Council for consideration; WHEREAS, said Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that neither said report, nor any part thereof should be modified in any respect; NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED, as follows: 1. That the plans and specifications for the existing improve- ments and the proposed improvements to be made within the assessment district or within any zone thereof, contained in said report, be, and they are hereby, preliminarily approved. 2. That the Engineer's estimate of the itemized and total costs and expenses of said improvements, maintenance and servicing thereof, and of the incidental expenses in connection therewith, contained in said report, be, and each of them are hereby, prelimi- narily approved. 3. That the diagram showing the exterior boundaries of the assessment district referred to and described in said Resolution No. 2051 and also the boundaries of any zones therein and the lines and dimensions of each lot or parcel of land within said district as such lot or parcel of land is shown on the County Assessor's maps for the fiscal year to which the report applies, each of which lot or parcel of land has been given a separate number upon said diagram, as contained in said report, be, and it is hereby, preliminarily approved. 4. That the proposed assessment of the total amount of the estimated costs and expenses of the proposed improvements upon the several lots or parcels of land in said district in proportion to the estimated benefits to be received by such lots or parcels, respec- tively, from said improvements including the maintenance or servicing, -2- or both, thereof, and of the expenses incidental thereto, as contained in said report, be, and they are hereby, preliminarily approved. 5. That said report shall stand as the engineer's report for the purpose of all subsequent proceedings to be had pursuant to said Resolution No. 2051. -3- I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the day of , 19 , by the following vote of the members thereof: AYES, and in favor thereof, Council Members: NOES, Council Members: ABSENT, Council Members: APPROVED: Mayor -4- City Clerk of the City of Saratoga 1933C -259a WMAM :JEB :mat 04/19/83 12c RESOLUTION NO. 2051 -C A RESOLUTION OF INTENTION TO ORDER THE LEVY AND COLLECTION OF ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 FISCAL YEAR 1983 - 1984 CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA -1 RESOLVED, by the City Council of the City of Saratoga, California, as follows: WHEREAS, pursuant to Resolution No. 2051, Describing Improvements and Directing Preparation of Engineer's Report for Fiscal Year 1983 -1984 for City of Saratoga Landscaping and Lighting District, adopted on April 20, 1983, by the City Council of said City, pursuant to the Landscaping and Lighting Act of 1972, the City Engineer of said City has prepared and filed with the Clerk of this City the written report called for under said Act and'. by said Resolution No. 2051, which said report has been submitted and preliminarily approved by this Council in accordance with said Act; NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED, as follows: 1. In its opinion the public interest and convenience require and it is the intention of this Council to order the levy and collection of assessments for Fiscal Year 1983 -1984 pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the Streets and Highways Code of the State of California, for the construction or installation of the improvements, including the maintenance or servicing, or both, thereof, more particularly described in Exhibit "A" hereto attached and by reference incorporated herein. 2. The cost and expenses of said improvements, including the maintenance or servicing, or both, thereof, are to be made chargeable upon the assessment district designated as "City of Saratoga Landscaping and Lighting District LLA -1 ", the exterior boundaries of which district are the composite and consolidated area as more particularly described on a map thereof on file in the office of the Clerk of said City, to which reference is hereby made for further particulars. Said map indicates by a boundary line the extent of the territory included in the district and of any zone thereof and the general location of said district. 3. Said Engineer's Report prepared by the Engineer of said City, preliminarily approved by this'Council, and on file with the Clerk of this City is hereby referred to for a full and detailed description of the improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon. assessable lots and parcels of land within the district. 4. Notice is hereby given that Wednesday, the 1st day of June, 1983, at the hour of 7:30 o'clock p.m. in the regular meeting place of said Council, City Hall, 13777 Fruitvale Avenue, Saratoga, California 95070, be and the same are hereby appointed and fixed as the time and place for a hearing by this Council on the question of the levy and collection of the proposed assessment for the construction or installation of said improvements, including the maintenance and -2- C servicing, or both, thereof, and when and where it will consider all oral statements and all written protests made or filed by any interested person at or before the conclusion of said hearing, against said improvements, the boundaries of the assessment district and any zone therein, the proposed diagram or the proposed assessment, to the Engineer's estimate of the cost thereof, and when and where it will consider and finally act upon the Engineer's Report. 5. The Clerk of said City be, and is hereby, directed to give notice of said hearing by causing a copy of this Resolution to be published once in the Saratoga News, a newspaper published and circulated in said City, and by conspicuously posting a copy thereof upon the official bulletin board customarily used by the City Council for the posting of notices, said posting and publication to be had and completed at least ten (10) days prior to the date of hearing specified herein. ' 6. The office of the Assistant Director of Maintenance Services of said City be, and is hereby designated as the office to answer inquiries regarding any protest proceedings to be had herein, and may be contacted during regular office hours at the City Hall, 13777 Fruitvale Avenue, Saratoga, California 95070 or by calling (408) 867 -3438. -3- I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the day of It 19 , by the following vote of the members thereof: AYES, and in favor thereof, Council Members: NOES, Council Members: ABSENT, Council Members: APPROVED: Mayor -4- City Clerk of the City of Saratoga 0 Ii CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA -1 a) The construction or installation, including the maintenance or servicing, or both, thereof, within Zones 1, 2 and 3 as herein- after described, of landscaping, including trees, shrubs, grass, or other ornamental vegetation, statuary, fountains and other ornamental structures and facilities, including the cost of repair, removal or replacement of all or any part thereof, providing for the life, growth, health and beauty of land- scaping, including cultivation, irrigation, trimming, spraying, fertilizing or treating for disease or injury, the removal of trimmings, rubbish, debris and other solid waste, water for the irrigation of any landscaping, the operation of any fountains or the maintenance of any other improvements. b) The construction or installation, including the maintenance or servicing, or both, thereof, within Zones 4, 5, 6 and 7, as hereinafter described, of public lighting facilities for the lighting of any public places, including ornamental standards, luminaires, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances, including the cost of repair, removal, or replacement of all or any part thereof, electric current or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements. c) The construction or installation, including the maintenance or servicing, or both, thereof, within Zone 8 as hereinafter described, of landscaping, including trees, shrubs, grass or other ornamental vegetation, statuary, fountains and other ornamental structures and facilities and public lighting facilities for the lighting of any public places, including ornamental standards, luminaires, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, applicances, attachments and appurtenances, including the cost of repair, removal or replacement of all or any part thereof, providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing or treating for disease or injury, the removal of trimmings, rubbish, debris and other solid waste, electric current or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements, water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. EXHIBIT "A"