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HomeMy WebLinkAboutCity Council Resolution 02-080 -vacating George Whalen WayRESOLUTION N0.02-080 RESOLUTION OF THE CITY COUNCIL OF SARATOGA VACATING GEORGE WHALEN WAY BETWEEN 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 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: 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 Avenue/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 determines 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. 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 C17.Oa Provide adequate parking for 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 Ciry of Saratoga. CI S.1 S 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. C1.5.19 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. CL5.6 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 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 harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought 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. PASSED AND ADOPTED by the City Council of the City of Saratoga, State of California, this 6th day of November 2002, by the following vote: AYES: Councilmembers Stan Bogosian, John Mehaffey, Ann Waltonsmith, Vice Mayor Evan Baker, Mayor Nick Streit NOES: None ABSENT: None ABSTAIN: None Mayor Attachments Attachment A: Map showing George Whalen Way