HomeMy WebLinkAboutCity council RESOLUTION 03-053
RECORDING REQUESTED BY
City of Saratoga
WHEN RECORDED MAIL TO:
City of Saratoga
City Clerk's Office
13777 Fruitvale Avenue
Saratoga Ca 95070
DOCUMENT: 17477642
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AMT PAID
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
(?~h 1'\-;0(\ \JD. 03-lf)~
DOCUMENT TITLE
ROE II 004
11/17/2003
153 PM
RESOLUTION NO. 03-053
AMENDED RESOLUTION OF THE CITY COUNCIL OF SARATOGA V ACA TING
GEORGE WHALEN WAY BElWEEN SARATOGA AVENUE
AND SARATOGA-LOS GATOS ROAD
WHEREAS, as a result of a collaborative planning process and to accommodate
the design of a proposed new fire station, the Saratoga Fire Protection District has
requested that the City of Saratoga vacate the alley known as George Whalen Way which
is located behind the existing fire station and between Saratoga Avenue and Saratoga-Los
Gatos Road and is shown on Attachment A to this Resolution; and
WHEREAS, the Saratoga Fire Protection District has completed a Mitigated
Negative Declaration regarding the new fire station including the proposed vacation of
George Whalen Way and concluded that it will have no unavoidable significant adverse
impacts; and
WHEREAS, the City Council on August 7, 2002 requested that the Planning
Commission report to the City Council on the proposed vacation's conformity with the
City of Saratoga General Plan and no report has been filed; and
WHEREAS, on September 18, 2002 the City Council directed the City Clerk to
publish and post notices of the proposed vacation and a public hearing to consider the
proposed vacation; and
WHEREAS, on October 16, 2002 the City Council held and continued a public
hearing to and November 6,2002 at which all members of the public had the opportunity
to be heard and to present evidence and considered additional facts and further public
testimony at a public meeting held September 17, 2003; and
WHEREAS, the City Council has considered all public testimony, the Mitigated
Negative Declaration, the report of the City Traffic Engineer, and all materials presented
by staff.
THEREFORE, BE IT RESOLVED that the City Council hereby:
1. Finds and determines that George Whalen Way (also referenced herein as the
alley) is unnecessary for present or prospective public use because:
A. The alley is currently used for access to a Post Office drop box and for
access to parking for the Post Office and Fire Station buildings. The
revised circulation plan will provide access to a Post Office drop box and
parking for the two buildings. Maintaining the alley would not provide any
material public benefit that will not be obtained by the new circulation plan.
B. The revised circulation plan would provide several safety advantages over
the existing plan by (1) eliminating the possibility that traffic delays at the
drop box could lead to backups on Saratoga Avenue; (2) eliminating a
conflicting turning movement immediately adjacent to the Fire Station
driveway; and (3) moving driveway operations away from the signalized
Saratoga A venue/Saratoga- Los Gatos road intersection.
C. The City has no plans for expanded use of the alley in the future.
D. The alley does not meet the City's existing standards for public roadways
and would not be accepted if offered for dedication today.
2. Finds and detennines that George Whalen Way is not useful as a nonmotorized
transportation facility because it is not in a location that would benefit from a
pedestrian, equestrian, or bicycle path. Equestrian uses in the area would be
unsafe and the project includes easements for bicycle and pedestrian passage along
the Saratoga-Los Gatos Road and Saratoga Avenue frontages of the Fire District
property. The location of these easements is better integrated with the overall
pedestrian and bicycle circulation plan than would be a pedestrian or bike path
along the alley.
3. Finds and determines that the public necessity and convenience require removal or
abandonment in place of all public utility facilities located within George Whalen
Way because:
A. The rear portion of the new fire station must be located in the right-of-way
in order to retain the 59 foot apron for off-street turning movements. This
design element will have important public safety benefits by reducing the
possibility of accidents on Saratoga Avenue and improving traffic
circulation at the intersection of Saratoga Avenue and Saratoga-Los Gatos
Road.
B. The rear portion of the new fire station must be located in the right-of-way
in order to reduce the appearance of the structure's bulk and mass in
accordance with the City's zoning code.
C. The rear portion of the new fire station must be located in the right-of-way
in order to improve the line of sight at the intersection of Saratoga Avenue
and Saratoga-Los Gatos Road.
D. The fire station is a public use that is of vital importance to providing
adequate fire protection to Saratoga residents. The location of the Fire
Station is an important component in ensuring adequate response time to
fire and other emergencies in the City.
4. Finds and determines that it has considered the Mitigated Negative Declaration for
the project as required by the California Environmental Quality Act.
5. Finds and determines that the vacation conforms to the City of Saratoga General
Plan in that the vacation will improve traffic circulation and allow development of
the proposed Fire Station including ten new public parking spaces and bicycle
and pedestrian easements as specified in Exhibit A to the resolution approving the
Design Review, Conditional Use Permit and Lot Line Adjustment consistent with
and in furtherance of the following General Plan Goals and Policies:
. Policy CI. 7.0a Provide adequate parkingfor non-residential uses to
minimize intrusion into adjacent neighborhoods, Finding: The proposed
development will meet all required parking standards in the zoning
ordinance including bicycle parking and locker room facilities and the land
transfer and accompanying dedication to public use of ten parking spaces
will minimize existing intrusions into adjacent neighborhoods by providing
new public parking spaces controlled by the City of Saratoga.
. CI, 5. 15 Require the provision of secure bicycle parking as part of all future
development projects that include multi-family residential, commercial,
industrial, office, and institutional uses. Finding: The proposed
development will meet all required parking standards in the zoning
ordinance including bicycle parking and locker room facilities the land
transfer and easement acquisition and will enhance opportunities for bicycle
access by providing easements for bicycle use,
. CI. 5.19 Encourage non-residential development projects to include
amenities such as showers and lockers for employees to further encourage
bicycling as an alternative to automobile use. Finding: The proposed
development will meet all required parking standards in the zoning
ordinance including bicycle parking and locker room facilities and the land
transfer and easement acquisition will enhance opportunities for bicycle
access by providing easements for bicycle use.
. Safety Element Goal 4.0 To reduce the danger of property damage and loss
of life due to fire in both urban and rural areas of the City. Finding: The
vacation and property transfer will allow development of a fire station
design with a front apron of sufficient size to avoid safety problems
associated with fire trucks backing in to the Fire Station and with a
sufficient setback from the intersection of Saratoga Avenue and Saratoga-
Los Gatos Avenue to minimize the bulk of the structure and improve line-
of-sight at the intersection.
. CI.5.6 Provide Safe and direct pedestrian routes and bikeways between and
through residential areas linking transit centers and important community
centers such as the village center. Finding: The proposed development
will include clear pedestrian zones and a plaza entry and the land transfer
and easement acquisition will enhance opportunities for pedestrian and
bicycle access by providing easements for pedestrian and bicycle use.
6. Terminates and abandons in its entirety the public right-of-way known as George
Whalen Way and shown on Exhibit A hereto with the exception of the public
utility right-of-way shown on Exhibit B hereto upon the occurrence of all of the
following conditions:
A. Issuance of a demolition permit for the existing fire station;
B. Agreement by the Applicant to hold City hannless from all costs and
expenses, including attorney's fees, incurred by the City or held to be the
liability of City in connection with City's defense of its actions in any
proceeding brought by any third party in any State or Federal Court,
challenging the City's action with respect to the vacation of George Whalen
Way.
7. The City Clerk is directed to record a certified copy of this Resolution, attested by
the Clerk under seal, in the office of the Santa Clara County Recorder upon the
satisfaction of the conditions set forth in section 6, above.
8. This resolution amends and supercedes Resolution 02-080 adopted by the Saratoga
City Council on November 6, 2002.
PASSED AND ADOPTED by the City Council of the City of
Saratoga, State of California, this I ih day of September 2003, by the following vote:
A YES: Councilmembers Kathleen King, Norman Kline,
Vice Mayor Ann Waitonsmith, Mayor Nick Streit
NOES: None
ABSENT: Councilmember Stan Bogosian
ABSTAIN: None
ATTEST:
Cathleen
N~
Nick Streit, Mayor
Attachment A:
Attachment B:
Attachments
Map showing George Whalen Way
Diagram showing location of public utility right-of-way not vacated.
~ EXHIBIT -A-
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POB ; POINT OF BEGINNING OF DESCRIPTION
GEORGE WHALEN WAY
CHAS. D. BLANEY'S RESUBDIVISION OF BLOCK 4
Thif Pl~~JJr...et1ar:d by me. ALLEY VACATION
7 ~~ City of Saratoga
~RREN E'. McDOWELL,
Land Surveyor No. 3414
License Expires 06-30-2004
7974 Pumpkin Drive
Cupertino CA 95014
DATE: 07-25-03
SCALE: 1"= 50'
PAGE 1 of 3
3S0 iDOl
EXHIBIT "B"
Vacation of a 15 feet wide alley
now known as George Whalen Way
extending from Saratoga Avenue to
Saratoga-Los Gatos Road (Highway 9).
within the City of Saratoga
All that certain real property situate within the City of Saratoga, County of Santa Clara,
State of California, being a 15 feet public alley to be vacated consisting of that westerly
most alley shown on that certain map entitled "Chas. D. Blaney's Resubdivision of Block 4,
Saratoga Park Lots and other property", filed August 31, 1916 in Book UP" of Maps, at page 3
in the office of the Recorder of the County of Santa Clara, State of California, said alley to be
Vacated being more particularly described as follows:
BEGINNING at the most Northwesterly corner of Lot "C" as shown on that certain map
entitled "Chas. D. Blaney's Resubdivision of Block 4, Saratoga Park Lots and other
property", filed August 31, 1916 in Book "PO of Maps, at page 3, filed August 31,
1916 in the office of the Recorder of the County of Santa Clara, State of California;
THENCE Southerly, from the Point of Beginning, along Westerly line of said Lot "C",
South 20021' East 72.22 feet;
THENCE Southerly, continuing along said Westerly line of Lot "C", South 15044' West
150.85 feet to a point curvature;
THENCE Southerly, along said Westerly line of Lot "C", along the arc of a tangent curve to
the with a Radius of 209.50 feet, a central angle of 230 16'01", and an arc length of
85.07 feet to the Northerly sideline of the Saratoga-Los Gatos Road;
THENCE Northwesterly, departing from said Westerly line of Lot "C", and along the
Northerly sideline of the Saratoga-Los Gatos Road, North 25048'54" West 38.34 feet;
THENCE Northerly, along the Easterly line of Lot I and Lot H as shown on aforesaid Chas.
D. Blaney's Resubdivision of Block 4, being a non-tangent curve to the right from a
tangent bearing North 01047'59" West, with a Radius of 224.50 feet, a central angle of
13056'01", and an arc length of 54.60 feet to a point of non-tangency;
THENCE Northerly, along the Easterly line of Lot H, Lot G, Lot F, Lot E, and Lot D, being
a non-tangent curve to the right from a tangent bearing North 08012'28" West, having
a Radius of 134.00 feet, a central angle of 47"52'57", and an arc length of 111.98 feet
to a point of non-tangency;
THENCE Northerly, along the Easterly line of Lot D, North 15044' East 37.21 feet;
THENCE Northerly, continuing along said Easterly line of Lot D, North 20021' West 69.76
feet to a point on the Southerly sideline of Saratoga Avenue, being the most Northerly
corner of said Lot D;
1
THENCE Northeasterly, along the Southerly sideline of Saratoga Avenue (60 foot wide), and
along the arc of a non-tangent curve to the right from a tangent bearing
North 78002'06" East, with a Radius of 182.00 feet, a central angle of 00052'54", and
an arc length of 2.80 feet to a point of tangency;
THENCE Northeasterly, continuing along the Southerly sideline of Saratoga Avenue,
North 78055' East 12.39 feet to the Point of Beginning.
Containing 5165.065 Square feet of land, more or less, or
0.1186 Acres of land, more or less.
2
CALlFORNIA ALL.PURPOSE ACKNOWLEDGMENT
County of
On
personally appeared
~eOfSignel(S)
ersonally known to me
proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/a'i's..
subscribed to the within instrument and
acknowledged to me that he/stle/~ executed
the same in his/h'1o</t~ authorized
capacity(ies), and that by his/hll</ti1'e;r
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
~
Description of Attached Document
Title or Type of Document y\~\ 01\ an \.J:J. 0 ().()~ 3
Document Date: <?:eQ\ \ l, 2m ~ Number of Pages:
Signer(s) Other Than Named Above:
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Capacity(ies) Claimed by Signer
Signer's Name:
.
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U Individual
U Corporate Officer - Title(s):
LJ Partner - n Limited n General
Attorney-in-Fact
U Trustee
[J Guardian or Conservator
D Other:
Signer Is Representing:
@ 1999 National Notary Association. 9350 De Soto Ave" P,O, Box 2402 . Chatsworth. CA 9131 3-2402' www,nalionalnotary.org
Prod. No. 5907
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