HomeMy WebLinkAbout12-03-1986 City Council agenda packetNone.
'EXECUTIVE SUMMARY NO. //F AGENDA ITEM
MEETING DATE:
Fiscal Impacts:
December 3, 1986
ORIGINATING DEPT: Engineering
SARATOGA CITY COUNCIL
SUBJECT: Tract 7888 Morrow. Bohlman Road (5 Lots)
(Hakone Gardens)
Recommended Motion:
1 Move to adopt Resolution 1619 -02 approving Final Map of Tract 7888 and approval of
Mayor to execute Tract Map on behalf of the City.
2 Move to authorize execution of Improvement Agreement.
3 Move to authorize execution of Water Facility and Grant of Easement Agreement.
4 Move to authorize execution of Insurance Liability Agreement.
Report Summary:
All paperwork by developer has been completed.
This Tract includes Hakone Gardens, so as to transfer property for and the improve-
ment of additional parking.
A private water system which will provide fire flow to Hakone Gardens and have
a 110,000 gallon tank located in the remotest area of the Gardens. This system will
be constructed only if annexation to the Mutal Height Water Association can't be nego-
tiated.
City attorney has reviewed all documents.
Attachments:
1 Resolution 1619-02
2 Water Facilities and Grant of Easement Agreement
3 Insurance Liability Agreement
4 Staff Report
Mot and Vote:
Staff recamendation 5- 0_(water facility agreement amended).
CITY MGR. APPROVAL
REPORT TO MAYOR AND
CITY COUNCIL
SUBJECT: Tract 7888 Morrow Bohlman Road
(Hakone Gardens)
DATE: 11 -26 -86
COUNCIL MEETING: 12 -03 -86
Recommend Motion:
1 Move to adopt Resolution 1619 -02 approving Final Map of Tract 7888
and approval of Mayor to execute Tract Map on behalf of the City.
2 Move to authorize execution of Improvement Agreement.
3 Move to authorize execution of Water Facilities and Grant of Easement
Agreement.
4 Move to authorize execution of Insurance Liability Agreement.
Background:
Hakone Gardens is included in this map to affect a lot line adjustment
between the Gardens and the developer's property. This results in more parking
area which will be improved by the developer. A private water system is included
in this project which will supply water not only to Tract 7888 but to three other
properties in the area and a fire hydrant will be located on the Gardens in the
parking lot, thereby providing a protection that heretofore has not existed. To
accomplish this a 110,000 gallon water tank has been located on the Hakone Gardens
property at it's southerly boundary. This location cannot be viewed from the
balance of the gardens and is removed from any future development.
The developer is negotiating with the Mutual Heights Water Association to
annex to that system and when that happens he will no longer need the 110,000
gallon tank on Hakone and it will not be built. To record his map he must have
a water system and so he has to proceed as though he will provide the above
described system since it will take some time to complete negotiations with Mutual
Heights.
Findings Conclusions:
Because of the uniqueness of this development and the involvement of Hakone
Gardens, the City must (1)_sign the map as a property owner, (2) grant easement
for water tank, and (3) enter into insurance liability agreement.
RESOLUTION NO. 1619 -02
RESOLUTION APPROVING FINAL MAP OF
TRACT 7888
WHEREAS, a final subdivision map of TRACT 7888
having heretofore been filed with this City
Council for approval, and it appearing that all streets, public ways and
easements shown thereon have not been satisfactorily improved nor completed,
and it further appearing that otherwise said map conforms with the require-
ments of Division 2 of Title 7 of the Government Code of the State of
California, and with all local ordinances applicable at the time of
approval of the tentative map and all rulings made thereunder, save
and except as follows:
NOW THEREFORE BE IT RESOLVED:
(1) The aforesaid final map is hereby conditionally approved. Said
approval shall automatically be and become unconditional and final
upon compliance by subdivider with such requirements, if any, as set forth
immediately above as not yet having been complied with, and upon compliance
with Section (3) hereof.
(2) All street dedications, and all other dedications offered on said
final map (except such easements as are declared to be accepted by
the terms of the City Clerks certificate on said map), are hereby rejected
pursuant and subject to Section #66477.1 of the Government Code of the
State of California.
(3) As a condition precedent to and in consideration of the future accept-
ance of any streets and easements not by this resolution now accepted,
and as a condition precedent to the City Clerk certifying the approval and
releasing said map for recordation, the owner and subdivider shall enter
into a written agreement with the City of Saratoga, secured by good and
sufficient surety bond or bonds, money or negotiable bonds, in amount of the
-1-
estimated cost of improvements, agreeing to improve said streets, public
ways and easements in accord with the standards of Ordinance No. NB-60
as amended and with the improvement plans and specifications presently
on file, and to maintain the same for one year after completion. The form
and additional terms of said written agreement and surety bond shall be
as heretofore adopted by the City Council and as approved by the City
Attorney. The mayor of the City of Saratoga is hereby authorized to exe-
cute the aforesaid improvement agreement on behalf of said city.
(4) Upon compliance by subdivider and /or owner with any remaining require-
ments as set forth in the preamble of this resolution (if any) and
with the provisions of Section (3) hereof, the City Clerk is authorized
and directed to execute the City Clerk's certificate as shown on said map
and to transmit said map as certified to the Clerk of the Santa. Clara
County Board of Supervisors.
The above and foregoing resolution was duly and regularly introduced
and passed by the City Council of the City of Saratoga on the day
of 19 by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
CITY CLERK
MAYOR
INSURANCE LIABILITY AGREEMENT
This agreement is made by and between the City of Saratoga and
Morrow Investment, Ltd.
Morrow Investment, Ltd., hereinafter referred to as "Morrow" is
the owner of that certain parcel of land hereinafter sometimes referred to
as the "Lands of Morrow a legal description of which is attached hereto
and marked Exhibit "A and incorporated by this reference.
It is the intention of Morrow to subdivide, develop and /or sell the
separate lots to be created by the subdivision of the Lands of Morrow.
Morrow has been informed by the City that prior to commencing any
work of improvement on the lands of Morrow, Morrow shall provide the City
with a General Liability Insurance Policy in the sum of One Million Dollars
in favor of the City.
THEREFORE, the parties agree as follows:
Morrow Investment, Ltd. shall obtain a liability insurance policy
in the sum of One Million Dollars, in form and content as approved by the
City of Saratoga, prior to obtaining the City's signature on the
Subdivision Improvement Plans or the issuance by the City of any permit to
perform work upon the land described in Exhibit A attached hereto. It is
understood by the parties that the City's refusal to execute the
Improvement Plans shall not prevent the City from approving Morrow's Final
Subdivision Map or prevent Morrow from recording such Map covering the
property described in Exhibit A attached hereto.
DATED: November e ,1/ 1986 Morro -s ;t Ltd.
By':
Pres 'ent
DATED: November 1986 City of Saratoga
By:
WHEN RECORDED MAIL TO
Brian H. Morrow
Morrow Investment Ltd.
180 Belwood Gateway
Los Gatos, CA 95030
WATER FACILITIES AND GRANT OF EASEMENT AGREEMENT
Preamble
This Agreement made this /64/ ,1986, between the City
of Saratoga, hereinafter sometimes referred to as Grantor or "City" and
Herbert James Fenolio, II and Carol Barbara Fenolio, Morrow Investment Ltd,
Silas N. Miller and Norma Miller, and A.J. Raisch Paving Co. hereinafter
referred to as "Grantee" or separately referred to as Fenolio, Morrow,
Miller and Raisch, respectively.
Recitals
WHEREAS, Grantor is the owner of that certain parcel of land
sometimes referred to as part of the Hakone Gardens, a legal description of
which is attached hereto, marked Exhibit "A" and incorporated by this
reference, and hereinafter referred to as "Servient Tenement and
WHEREAS, Fenolio is the owner of that certain real
property, sometimes referred to as the Land of Fenolio, a legal description
of which is attached hereto, marked Exhibit "B" and incorporated by this
reference, and hereinafter referred to as "Dominant Tenement and
WHEREAS, Morrow Investment Ltd is the owner of that certain real
property, sometimes referred to the Land of Morrow, a legal description of
which is attached hereto, marked Exhibit "C" and incorporated by this
reference, and hereinafter referred to as "Dominant Tenement
WHEREAS, Silas N. Miller and Norma Miller are the owners of that
certain property, sometimes referred to as the Land of Miller, a legal
description of which is attached hereto, marked Exhibit "D" and
incorporated by this reference, and hereinafter referred to as "Dominant
Tenement
WHEREAS, A.J. Raisch Paving Co. is the owner of that certain
property, sometimes referred to as the Land of Raisch, a legal description
of which is attached hereto, marked Exhibit "E" and incorporated by this
reference, and hereinafter referred to as "Dominant Tenement
WHEREAS, Grantee desires to acquire certain rights in the Servient
Tenement;
THEREFORE, it is agreed as follows:
Grant of Easement
For valuable consideration, Grantor hereby grants to. Grantee an
easement as hereinafter described.
Character of Easement
The easement granted herein is appurtenant to the Dominant
Tenement.
Description of Easement
The easement granted herein is a right to erect, construct,
install, maintain, repair and replace a water system, as more particularly
described in that certain agreement dated November 21, 1986, between the
owners of the lands of Morrow, Fenolio, Miller and Raisch, concurrently
recorded herewith and carry water through said system.
Location
The legal description of the location of the easement is attached
hereto, marked Exhibit "F" and incorporated by this reference.
Use by Dominant Tenant
The easement granted herein includes the right of ingress and
egress on to the Servient Tenement for the purpose of erecting,
constructing, installing, maintaining, repairing and replacing the above
referred water system.
Hold Harmless Agreement
Morrow, Fenolio, Miller and Raisch, for themselves and their
respective successors and asigns, hereby agree to indemnify and hold the
City of Saratoga, its officers, officials, agents, employees, boards,
commissions and consultants free and harmless from and against any and all
claims, demands, casues of action, damages, liabilities, costs and
expenses (including the expense of attorney's fees for defending any action
brought against. the City of Saratoga or any of its officers, officials,
agents employees, boards, commissions or consultants) arising out of or in
any manner relating to loss, injury or damage sustained by any party to this
agreement or any other person as a result of the use of the easement granted
by the City of Saratoga in favor of Morrow, Fenolio, Miller and Raisch on
land owned by the City. A copy of said easement is attached hereto and marked
Exhibit "F
Liability Insurance
Morrow shall obtain a policy of general liability insurance in the
sum of One Million Dollars to cover the work of improvements to be done by
Morrow in connection with the development of the Lands of Morrow. Said
policy shall name the City of Saratoga as an insured party thereunder. Said
policy shall include specific provision for 10 days prior written notice to
the City of any reduction or cancellation in coverage.
Attorney's Fees
In the event of any controversy, claim, or dispute relating to this
instrument or the breach thereof, the prevailing party shall be entitled to
recover from the losing party reasonable expenses, attorney's fees, and
costs.
Binding Effect
This instrument shall bind and inure to the benefits of the
respective heirs, personal representatives, successors, and assigns of the
parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
instrument the day and year first above written.
City of Saratoga
By:
H�r ert Ja•Ts Fenolio II
'Silas N. Miller
Mor ow nvestment Ltd.
By:
rian orrow, Presi•ent Bryan Raisc Secretary
GRANTOR
GRANTEE
Norma Miller
Caro Bar•ara Feno io
A.J. Raisch Paving Co.
roZNA. ,0 trydIJ
('i:j 31 8533
*Revised: 5/9/86
*Revised: 4/18/86
Date: 4/2/86
APN: 517- 13 -15, 527 -7 -26,
503- 48 -32, 503-48 -30 31
Commission Meeting: 4/9/86
APPLICATION NO'. LOCATION: SD- 1619,, Bohlman Rd. Big Basin Way
APPLICANT: Bill Heiss OWNER: Morrow Investment Ltd.
City of Saratoga (Hakone Gardens)
ACTION REQUESTED: Tentative Building Site Approval for a five (5) lot
subdivision.
OTHER APPROVALS RECEIVED /REQUIRED: Final Building Site Approval, Design
Review Approval and Building Permits.
ENVIRONMENTAL ASSESSMENT: A Negative Declaration has been prepared for
this project.
ZONING: HC -RD
R -1- 40,000
EXISTING LAND USE: Vacant hillside, Hakone Park
SURROUNDING LAND USES: Novitiate; Single Family Residential
TOTAL PARCEL SIZE: 29.75 acres (net)
LOT SIZES (Per Applicant)
GENERAL PLAN DESIGNATION: Single Family
Hillside Conservation
Open Space Outdoor
Recreation
Lot 1 2.0 acres
Lot 2 2.5 acres
Lot 3 5.3 acres
Lot 4 4.4 acres
(Lot 5 Hakone Park)
..1�
NATURAL FEATURES &&'VEGETATION: Rolling to steep hillside; oak trees.
SLOPE AT BUILDING SITE: Lot 1 11%
Lot 2 less than 10%
Lot 3 approximately 15%
Lot 4 16%
(Lot 5 Hakone Park)
O
AVERAGE SITE SLOPE:
Lot 1 19%
Lot 2 24%
Lot 3 39%
Lot 4 36%
(Lot 5 Hakone Park)
Total 36%
Report to Planning Commission 4/2/86
SD -1619, Morrow, Bohlman Rd. Page 2
PROPOSED SETBACKS FOR MAIN RESIDENCE AND GARAGE:
Lot 1: Fro 108 ft. Rear: 27 ft.
Left side: 9S ft. Right side: 80 101 ft.
Lot 2: Front: 55 ft. Rear: 60 ft.
Left side: 178 ft. Right side: 70 ft.
Lot 3: Front: 107 ft. Rear: (to be determined at design review)
Left side: Right side:
Lot 4: Front: 54 ft. Rear: 88 ft.
Left side: 47 ft. Right side: 130 ft.
ORDINANCE COMPLIANCE: The project does not meet all the requirements and
standards of the zoning ordinance in that in that setbacks for Lot 41 and
impervious coverage requirements are not met by the site development plan.
PROJECT DESCRIPTION: The applicant is proposing to subdivide a 29.75 acre
parcel into 5 lots. Four of the lots are proposed for residential
develpoment; the fifth lot will remain as Hakone Park under the City's
jurisdication but be improved with a 60 space parking lot.
Access: Access for the site is proposed via a minimum access road widened
to 14' -18' (the developer is requesting exceptions for road width less
than 20' and for access of a subdivision by a minimum access road). An
additional exception will be needed to allow more than four (4) lots
accessing from a minimum access road. The roadway is shown to be only 14'
wide in order to save trees and minimize grading along the existing access
road. However, the road will still remove 3 ordinance size oaks and one
maple. Staff is recommending that Exhibit "D which shows the road
widening as proposed by the developer, not be approved. Instead, we
recommend that the exception for road width be granted subject to the
approval of the City Engineer since there are additional portions of the
road which can be widened. Emergency access is shown through Hakone and
Lot 1 since the ro dway exceeds 500' in length and there are more than 25
lots on a dead -end street system (Bohlman Road). The access road will be
located within 5' ot the garage on Lands of William. Since these lands are
not part of the application and an easement exists, a variance for the
garage is not required.
Zoning: The site will be split zoned on the Hakone Park site. Since
the City is in control of this area, the City Attorney does not feel that
the usual problems associated with split lot zoning will arise. Therefore,
the amendment to the zoning map can occur with our next map changes rather
0025
than concurrently with this map approval.
Report to Planning Commission 4/3/86
SD -1619, Morrow, Bohlman Rd. Page 3
Geology: The site has been through numerous reviews'by the City Geologist
(reports attached). At this point staff has received verbal approval from
the City Geologist and expects to receive written approval by Wednesday
night, April 9, 1986.
Water: In order to provide the water required for fire protection (1000
gallons per minute for 2 hours) and domestic water, the developer is
proposing to place 2 tanks on Hakone Park land. The Fire Chief has agreed
to the system, but is suggesting an alternative which may improve the
entire area's water system. San Jose Water Company notes that it will not
consider an application for service to supply or "back up" a proposed
mutual water company." No water system is being approved with this map.
Rather, in order to receive Final Map Approval, the developer will need to
provide the required water for domestic and fire use.
Setbacks, Zoning Ordinance Requirements: The garage on Lot 1 does not meet
the required rearyard setback of 35'. Additionally the impervious coverage
on the lot exceeds the allowable 15,000 square feet. Lot 1 is conditioned
to meet zoning ordinance requirements at the time of design review or
receive a grant of a variance.
Drainage: A neighbor has submitted a letter opposing the Negative Declara-
tion on the Subdivision (attached). The Director of Maintenance and City
Engineer do not feel that this subdivision will have a significant impact
on the drainage into the creek. The tennis court on Lot 2 is proposed
within a drainage swale.
Views: Residences on Lots 2 and 3 will be visible from the area served by
Canyon View and Springer Roads but not the Village. Staff has not
recommended any conditions restricting the development of the lots since
design review is required, but the Commission may wish to do so. A
condition has been recommended in the staff report that scenic easements be
placed on Lots 3 and 4 to prohibit development on the steep slopes.
PROJECT STATUS: Said project complies with all objectives of the General
Plan, and all requirements of the Zoning and Subdivision Ordinances of the
City of Saratoga.
The housing needs of the region have been considered and have been balanced
against the public service needs of its residents and available fiscal and
environmental resources.
Exceptions for 1.) accessing a subdivisvn by a minimum access road, 2.)
allowing a minimum access roadway to be reduced to 14' as approved by the
City Engineer, and 3.) creating more than 4 lots on a ;minimum access road
may be grated in that:
a) There are special circumstances or conditions affecting the
property which include, but are not limited to, steep slopes and
ordinance -size trees adjacent to existing driveway, and a proposed
0026
Report to Planning Commission
SD -1619, Morrow, Bohlman Rd.
emergency access road; and
4/23/86
Page 4
b) The granting of the exception will not be materially detrimental
to the public health, safety or welfare or injurious to other
property or uses in the vicinity of the applicant's land.
A Negative Declaration was prepared and will be filed with the County of
Santa Clara Recorder's Office relative to the environmental impact of this
project, if approved under this application. Said determination date:
March 21, 1986
The staff report recommends approval of the tentative map for SDR -1619
(Exhibit B -1 filed 3/26/86) subject to the following conditions:
I. GENERAL CONDITIONS
Applicant shall comply with Standard Engineering Details dated April,
1977.
II. SPECIFIC CONDITIONS ENGINEERING DIVISION
A. Pay storm drainage fee in effect at the time of obtaining Final
Approval.
B. Submit "Tract Map" to City for checking and recordation (Pay
required checking recordation fees).
C. Submit "Irrevocable Offer of Dedication" to provide easements,
as required.
D. 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, including the
following:
1. Storm•sewer trunks with necessary manholes.
2. Storm sewer laterals with necessary manholes.
3. Storm drain inlets, outlets, channels, etc.
E. Construct access road 18 ft. wide plus 1 ft. shoulders or per
City Engineer using 2 -1/2" asphalt concrete on 6" aggregate base
from Bohlman Rd. for its entire length. Slope of access road
shall not exceed 15 without adhering to the following:
1. Access roads having slopes between 15% and 17% shall be
surfaced using 4" of P.C. Concrete rough surfaced using 4"
aggregate base. Slopes in excess of 15% shall not exceed 50
ft. in length.
2. Access roads having slope in excess of 17 -1/2% are not
permitted.
Report to Planning Commission 4/2/86
SD -1619, Morrow, Bohlman Rd. Page 5
Note: 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 de-
signed to sustain 35,000 lbs. dynamic loading.
d) Storm runoff shall be controlled through the use
of culverts and roadside ditches.
F. Construct emergency access road 18 ft. wide plus 1 ft. shoulders
between minimum access road and Lot 5 (Hakone Gardens) using
double seal coat oil and screenings or better on 6" aggregate
base. Slope of emergency access road shall not exceed 12 -1/2%
without adhering to the following:
1. Access roads having slopes between 12 -1/2% and 15% shall be
surfaced using 2 -1/2" asphalt concrete on 6" aggregate base.
Access roads having slopes between 15% and 17% shall be
surfaced using 4" of P.C. concrete rough surfaced using
4" aggregate base. Slopes in excess of 15% shall not
exceed 50 ft. in length.
3. Access roads having slope in excess of 17 -1/2% are not
permitted.
Note: a) the minimum vertical clearance above road surface
shall be 15 ft.
b) Storm runoff shall be controlled through the use of
culverts and roadside ditches.
G. Construct turnaround having 32 ft. radius or approved equal using
double seal coat oil and screenings or better on 6" aggregate
base within 100 ft. of proposed dwelling.
H. Construct driveway approach 16 ft. wide at property line flared
24 ft. at street paving. Use double seal coat oil and screenings
or better on 6" aggregate base.
I. Construct "valley gutter" across driveway or pipe culvert under
driveway as approved by the City Engineer.
J. Provide adequate sight distance and remove obstructions of view
as required at driveway and access road intersections.
K. Watercourses must be kept free of obstacles which will change,
retard or prevent flow.
L. Protective planting required on roadside cuts and fills.
0028
Report to Planning Commission
SD -1619, Morrow, Bohlman Rd.
M. Obtain Encroachment Permit from the Engineering Division
for driveway approaches or pipe crossings of City street.
N. Engineered improvement plans required for:
1. Street improvements
2. Storm drain construction
3. Access road construction
0. Pay plan check and inspection fees as determined from improve-
ment plans.
P. Enter into Improvement Agreement for required improvements to
be completed within one (1) year of receiving Final Approval.
Q. Post bond to guarantee completion of the required improvements.
R. Parking lot on Lot 5 to be minimum of 2 -1/2" asphalt concrete
and as recommended by the soils engineer.
III. SPECIFIC CONDITIONS DIVISION OF INSPECTION SERVICES
A. Geotechnical investigation and report by licensed professional
for:
1. Geology per letter from City Geologist dated 4/17/86
2. Soils
3. Foundation
B. Plans to be reviewed by geotechnical consultant prior to building
permit being issued.
C. Detailed on -site improvement plans showing:
4/2/86
Page 6
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 walls 3 ft. or higher.
4. All existing structures, with notes as to remain or be
removed.
5. Erosion control measures.
6. Standard information to include titleblock, plot plan using
record data, location map, north arrow, sheet nos., owner's
name, etc.
0029
Report to Planning Commission
SD -1619, Morrow, Bohlman Rd.
4/2/86
Page 7
C. Bonds required for removal of accessory structures.
IV. SPECIFIC CONDITIONS COUNTY SANITATION DISTRICT NO. 4
A. Sanitary sewers to be provided and fees paid in accordance with
requirements of County Sanitation Dist. No. 4 for subdivision and
Lands of Williams.
V. SPECIFIC CONDITIONS SARATOGA FIRE DISTRICT
A. Property is located in a potentially hazardous fire area. Prior
to issuance of building permit, remove combustive vegetation as
specified. Fire retardant roof covering and chimney spark
arrestor details shall be shwon on the building plan. (Per
Uniform Fire Code, Appendix E).
B. Construct driveway 14 feet minimum width, plus one foot shoul-
ders 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 12 -1/2% without ad-
hering to the following:
1. Driveways having slopes between 12 -1/2% to 15% shall be sur-
faced using 2 -1/2 inches of A.C. on 6 inch aggregate base.
2. Driveways having slopes between 15% to 17 -1/2% shall be sur-
faced using 4 inches of P.C.C. concrete rough surfaced on
4 inch aggregate base and shall not exceed 50 ft. in length.
3. Driveways with greater slopes or larger length will not be
accepted.
C. Construct a turnaround at the proposed dwelling site having a 32
foot inside radius. Other approved type turnaround must meet
requirements of the Fire Chief. Details shall be shown on
building plans.
D. Provide a parking area for two (2) emergency vehicles at proposed
building sites or as required by the Fire Chief. Details shall
be shown on building plans.
E. Extension of existing water system adjacent to site is required
for fire protection. Plans to show location of water mains and
fire hydrants.
F. Provide 15 foot clearance over the road or driveway (vertical) to
building site. Remove all limbs, wires or other obstacles.
6. Developer to install three (3) hydrant(s) that meet Saratoga Fire
District's specifications. Hydrant to be installed prior to
issuance of building permits.
0030
Report to Planning Commission
SD -1619, Morrow, Bohlman Rd.
4/23/86
Page 8
H. As two (2) of the hydrants will be on -site, the Saratoga Fire
District recommends that an easement be granted to make these
hydrants public.
I. The developer should explore the possibility of annexation to the
Saratoga Heights Mutual Water Co. to meet the water requirements.
J Fire hydrants in all hazardous fire areas as designed pursuant to
Section 16 -20 of the Saratoga City Code shall be located so that
no part of any residential structure shall be further than five
hundred feet from at least one hydrant and the fire protection
system shall be so designed and charged with water under pressure
so that each hydrant for residential fire protection shall
deliver no less than 1,000 gpm of water. Water storage or other
availability shall be such that for any one hydrant of the
system, the 1,000 gpm minimum shall be maintained for a sustained
period of two hours. (Chapter 15 of the City Code)
VI. SPECIFIC CONDITIONS SANTA CLARA COUNTY HEALTH DEPARTMENT
A. Sewage disposal to be provided by sanitary sewers installed and
connected by the developer to one of the existing trunk sewers of
the Sanitation Dist. 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 or as
approved by City Engineer.
C. Existing septic tank to be pumped and backfilled to County
Standards on Lands of Williams. A $500 bond to be posted to
insure completion of work.
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.
VIII. SPECIFIC CONDITIONS PLANNING DIVISION
A. Design review approval required on each lot' prior to issuance of
permits.
B. Any modifications to the site development plan shall be subject
to Planning Commission or Site Review Committee approval.
C. Prior to issuance of building permits, individual structures
shall be reviewed by the Planning Division to evaluate the
potential for solar accessibility. The developer shall pro-
vide, to the extent feasible for future passive or natural
0031
APPROVED:
KK /dsc
P.C. Agenda: 4/2/86
*4/23/86
*5/9/86
Report to Planning Commission
SD -1619, Morrow,•Sohlman Rd.
heating or cooling opportunities on /in the subdivision /build-
ing site.
D. Grant scenic easements on Lot 3 for area below elevation 740 and
on Lot 4 for the northeast area above the existing access road,
as approved by staff prior to final map approval.
E. Recreational courts on slopes exceeding 10% require use permits.
All lourts are to be reviewed and approved for impervious
coverage requirements.
F. No grading on lots, particularly Lot 3, is approved with this
map. Design review is required prior to issuance of a permit.
G. Development of Lot 1 to meet Zoning Ordinance requirements
(including setbacks and impervious coverage requirements) or
receive grant of variance approval.
H. Tree removal prohibited unless in accord with applicable City
Ordinances.
I. Emergency access and Hakone Park parking lot (including fencing)
to be reviewed and approved by the Parks and Recreation
Commission.
J. Provide a copy of the easement granted from Lands of Williams to
ensure that the roadway is located correctly.
Applicant shall post a bond for the parking lot construction on
lot 5 prior to final map approval and shall complete the parking
lot construction with the subdivision improvements.
*L. Early warning fire systems shall be installed in future resi-
dences in accordance with Section 14- 25.110 of the City Code.
M. The .wells to be monitored according to City Geologist's
recommendations.
N. The access road width shall be narrowed where possible to
minimise tree removal. Width is subject to approval by the City
Engineer but shall not be reduced to less than 14 ft.
c
KIhy
Planner
4/2/86
Page 9
erdus
SARATOGA CITY COUNCIL a
EXECUTIVE SUMMARY NO. AGENDA ITEM NO. r1
MEETING DATE: December 3, 1986 CITY MGR. APPROVAL:
ORIGINATING DEPT.. City Manager
SUBJECT: 1987 Policy Development Calendar
Proposed Calendar
MOTION AND VOTE:
Staff recanmendation (but :calendar amended) 5 -0.
c
RESIDED MOTION:
1) Adopt the Policy Development Calendar for 1987 as submitted.
2) Direct the City Manager to make arrangements to hold the Council's annual
policy development conference at the Saratoga Country Club on Friday afternoon
and evening and all day Saturday, March 6 and 7, 1987.
REPORT SUMMARY:
A policy development calendar similar to that adopted by the City Council for 1986
has been prepared for 1987. The policy process begins on January 2, 1987, and would
conclude on June 3, 1987, with the adoption of the 1987 -88 budget. The process of
community participation and the holding of a Council policy development conference
would follow the model which was so successful last year. All of the key dates and
activities are shown on the proposed calendar.
FISCAL IMPACT:
The only direct expense is for the conference which last year cost less than $400
since the only major cost was for the three meals and conference roan rental for the
two days. This is a budgeted item.
Pa ACdMEVTS
'EXECUTIVE SUMMARY NO. �U C(
MEETING DATE: December 3, 1986
ORIGINATING DEPT: City Manager
SARATOGA CITY COUNCIL
SUBJECT: Disposition of City Property at Cox Avenue and
Saratoga Sunnyvale Road
Report Summary:
Fiscal Impacts:
Staff recommendation 5 -0.
AGENDA ITEM 6/4
CITY MGR. APPROVAL
Recommended Motion:
Direct the Planning Commission to report to the City Council, by its
meeting of January 21, 1987, on the consistency of the intention of
the City Council to declare as surplus the City -owned property at Cox
Avenue and Saratoga- Sunnyvale Road with the adopted plan of the City
as required by Section 65402(a) of the Government Code.
Four separate actions are necessary for the City Council to proceed to
dispose of subject property; notify eligible government agencies, receive
a report from the planning agency, adopt a resolution of intention, and
hold a public hearing. A'specif is ,timetable is suggested which meets
the requirements of State law. The final action involves a public hearing
proposed for January 21, 1987. This report recommends directing the
planning agency (the Commission) to report on the proposed sales relation
to the City's general plan by January 21, 1987.
Disposal of the property will result in a one -time revenue to the City
of approximately $1.5 million and annual interest income of about
$100,000 a year.
Attachments:
Report from City Manager dated 11/21/86
City Attorney Memorandum dated 8/24/83
Letter to eligible government agencies dated 11/19/86
Motion and Vote:
F
UTVW Lni
REPORT TO MAYOR AND
CITY COUNCIL
SUBJECT: Disposition of City Property at
Cox and Saratoga Sunnyvale Road
DATE: 11/21/86
COUNCIL MEETING: 12/03/86
RD:MENDED MINION:
Direct the Planning Commission to report to the City Council, by its meeting
of January 21, 1987, on the consistency of the intention of the City Council
to declare as surplus the City -owned property at Cox and Saratoga Sunnyvale
Road with the adopted plan of the City as required by Section 65402(a) of the
Government Code.
BACKGROUND:
At the conclusion of its hearing on subject property on November 5, 1986, the
City Council requested the City Manager to outline the future actions
necessary to implement the Council's decision to dispose of the property for
development as either multi family housing or a mixture of multi family
housing on the easterly portion of the property and retail commercial on the
westerly portion of the property.
I have reviewed the City Attorney's memo to the Finance Committee on this
matter dated August 24, 1983, (copy attached). The City Attorney and I have
discussed his memorandum and the requirement for the Planning Commission to
review this matter as required by Section 65402(a) G.C.
ANALYSIS:
In order to dispose of the property, four separate actions must be undertaken.
1) Notify local agencies per Section 54222 G.C. of intention to declare
property surplus.
2) Receive a report from the planning agency per Section 65402(a) G.C.
3) Adopt a Resolution of Intention per Sections 37421 and 37422 G.C.
4) Council must hold a public hearing per Sections 37424 thru 37427 G.C.
Disposition of City Property at
Cox and Saratoga Sunnyvale Road
The letter to local agencies gives them 60 days to express interest in
acquiring the property. The planning agency has 40 days to make its report to
the legislative body unless the legislative body grants more time The
resolution of intention must be adopted, published and posted at least ten
days prior to the public hearing. At the public hearing, if there is a
protest from a "person interested" (see City Attorney's discussion of this
matter in his August 24, 1983, memo), the Council must overrule the protest by
a four fifths vote or call a special election on the matter.
FINDINGS AND OO LUSIONS:
To set all of these actions in motion, the following timetable is proposed:
1. Send letters to local agencies November 19, 1986
(This has already been accomplished.)
2. Request report from Planning Commission December 3, 1986
3. Adopt resolution of intention December 17, 1986
4. Hold public hearing January 21, 1987
On the basis of the Council decision of November 5, 1986, I have already sent
the required letters. The proposed hearing date is 63 days from the date the
letters were postmarked so we will know by the date of the hearing whether any
other eligible agency is interested in the property.
By asking for the Planning Commission to report back to the Council by January
21, 1987, the Commission will have 49 days to render its report from the
December 3, 1986, City Council meeting.
The City Attorney will prepare the necessary resolution of intention for
adoption at your December 17, 1986, meeting. Between December 17th and
January 21st, the resolution will be published as required and the property
posted as required by Section 37423 G.C.
Harry f). Peacock, City Manager
jm
Attachments: City Attorney Memo of 8/24/83
Letter to Agencies, 11/19/86
Section 65402(a) G.C.
Page 2
11/21/86
PAUL B. SMITH
ERIC L. FARASYN
LEONARD J. SIEGAL
HAROLD S. TOPPEL
STEVEN G. BAIRD
JACK L. BRIDGE
GREGORY A. MANCHUK
c
ATKINSON FARASYN
ATTORNEYS AT LAW
660 WEST DANA STREET
P.C. BOX 279
MOUSTAI\ VIEW, CALIFORNIA 94042
(415) 967 -6941
'VMEMORANDUM
From: Harold S. Toppel, City Attorney
To: Saratoga Finance Committee
Re: Sale of Surplus City Land
Date: August 24, 1983
J. v. ATKINSON, (1892-1982)
L. M. FARASYN, 11915 -19791
In connection with the investigation of possible revenue sources, we
understand the Finance Committee is considering the sale of City owned vacant land.
The City Attorney has been requested to advise the Committee on the legal procedures
and restrictions for disposition of certain properties, specifically the following:
1. Azule Park, shown on the General Plan as Open Space Outdoor
Recreation and presently zoned R -1- 12,500.
2. City owned parcel at the corner of Cox and Saratoga Sunnyvale Road
shown on the General Plan as P -D Mixed Use, and presently zoned R -1- 12,500
with proceedings pending for rezoning to C -N (neighborhood commercial use).
3. Unused portion of Kevin Moran Park, shown on the General Plan as
Open Space Outdoor Recreation and presently zoned R -1- 12,500.
4. Central Park, shown on the General Plan as Open Space Managed
Resource Production and presently zoned R -1- 20,000.
5. Unused portion of Hakone Park, shown on the General Plan as Open
Space Outdoor Recreation and presently zoned R -1- 40,000.
There are certain legal requirements with respect to the disposition of any
surplus City property and other requirements specifically applicable to the sale or
leasing of surplus park land. With respect to the general requirements, Government
Code 3 54222 provides that before disposing of surplus land, a City must first offer
such land for sale or lease to "any local agencies including, but not limited to, housing
authorities or redevelopment agencies within whose jurisdiction the surplus land is
located" for the purpose of developing low and moderate income housing. An offer to
sell or lease must also be made to any City, County and Regional Park Authorities and
Memorandum to Saratoga Finance Committee
August 24, 1983
to the State Resources Agency who may acquire the land for park and recreational
purposes or open space purposes. The entity desiring to purchase or lease the surplus
land must notify the City within 60 days after receipt of the City's notification of
intent to sell the land. If a response to the City by any of these agencies is made, the
parties roust then enter into good faith negotiations to determine a mutually
satisfactory sales price or lease terms (based upon current market value) but if
agreement is not reached within 6 60 days, the land may be disposed of without further
regard to this section of the Government Code.
The term "local agency" is defined in 3 54221 of the Government Code as
every City, County, District, including school districts of any kind or class, empowered
to acquire and hold real property. It would appear that the only such local agency
having jurisdiction within the City of Saratoga and involved in the construction of low
and moderate income housing is the Santa Clara County Housing Authority. Since the
land must be purchased at its full market value, the County Housing Authority is
unlikely to have either the interest or the financial resources to negotiate for
acquisition of any surplus land offered to it by the City of Saratoga. Moreover, each
of the sites listed above is presently zoned for single family residential or commercial
uses. A low or moderate income housing project would not be economically feasible
under the densities permitted by these zoning classifications.
It is also reasonable to assume that any State, County or Regional Park
Authority or Open Space District to whom the surplus land is offered would consider
the cost to be prohibitive. On the other hand, the citizens of Saratoga would probably
have no objection to a sale or lease to these authorities since the land would be
preserved for park and recreation or open space purposes and the City would, at the
same time, generate revenue from the sale or leasing transaction. We would literally
enjoy a situation of having our cake and eating it too.
For your information, a copy of the Government Code sections discussed
above (33 54220 through 54232) is attached hereto as Exhibit "A
After the offer to sell or lease is made to other agencies in accordance
with Government Code i 54222, and assuming the surplus land is not designated as a
park, the City may proceed to dispose of the property in accordance with the
procedure set forth in 33 37420 through 37430 of the Government Code. A copy of
these sections is attached hereto as Exhibit "B This procedure can briefly be
described as follows:
(a) The City Council must find that the public interest and convenience
requires sale of the property and the Council shall adopt a resolution of its
finding and intention to sell. The resolution shall fix a time for a public hearing
to consider any protests to the sale and provide for publication of notice of the
hearing.
Memorandum to Saratoga Finance Committee
August 24, 1983
(b) The resolution adopted by the City Council must be published at least
once in a daily newspaper and also posted in at least three (3) conspicuous places
upon the subject property.
(c) At any time prior to final action, any "person interested" may protest
the proposed sale. The protest may be either written or oral and can be
registered during the public hearing. The Government Code does not define
"person interested" and the City Attorney's office is therefore recommending
that this phrase be construed to mean any resident of the City of Saratoga.
(d) If no protests to the sale are received, or if the City Council
overrules the protests by a four fifths (4/5) vote, the Council may proceed with
sale of the property. If a protest is received and not overruled by a four fifths
(4/5) vote, no further action may be taken for sale of the property for a period of
six (6) months unless the Council decies to call a special election on the issue. In
such event, the sale must be approved by a majority of the votes for the
proposition.
The foregoing procedure would clearly be applicable to any proposed sale
or lease of the City owned vacant land located at the corner of Cox and Saratoga
Sunnyvale Road. This property is not designated in the General Plan as a park and
apparently was not acquired with any funds subject to restrictions on use.
Consequently, there would seem to be no particular legal constraints under the
General Plan, the Saratoga Zoning Ordinance or the Government Code inhibiting the
sale, lease or development of this property.
The remaining four (4) sites under consideration fall within the category of
unused park land. As such, any proposed disposition of these properties would
additionally be governed by the Municipal Park Abandonment Law of 1939 as set forth
in Government Code 3§ 38501 through 38510, a copy of which is attached hereto as
Exhibit "C Before any of these properties could be sold, the City Council must first
find that all or any portion of the purported park has not been used by the public for
park purposes, that no consideration has been paid for the land except by the City, and
that no public funds have been expended to improve the land as a park, in either of the
following situations:
..(1) Where the land has been dedicated for park purposes by the recording
of a parcel or subdivision map (which was not the case with respect to these
sites), or
(2) When the land has been purchased for park purposes and the City
Council finds that all or any portion of the land is not appropriate, convenient or
necessary for park purposes.
'Memorandum to Saratoga Finance Committee
August 24, 1983
If the land comprising all or any portion of the park was purchased from
funds received from the sale of bonds issued for the purpose of acquiring the land for
park purposes, the question of abandonment and sale of such park must first be
submitted to, and approved by, the voters at the next municipal election or a special
election. Based upon research conducted thus far by the City Staff, it would appear
that a portion of the money utilized for acquisition of Azule Park can be traced to
State bond funds. If such is the case, approval by the voters would be required for any
abandonment and sale of this park. Moreover, it may also be the case that the
proceeds from sale of Azule Park must be applied toward reimbursement of the bond
fund or may otherwise be restricted for park purposes only. Further investigation by
our office would be necessary in order to confirm this requirement. We have assumed
that the necessity for an election, in itself, would eliminate Azule Park as a possible
site for sale or development.
None of the other three .(3) sites (Central Park, Hakone Garden or Kevin
Moran Park) was acquired or improved with State or local bond money. The procedure
for abandonment and sale of these sites would therefore be quite similar to the
procedure described above for disposition of other City owned property. The City
Council must first adopt a resolution of intention describing the park to be abandoned
and sold and fixing the time for conduct of the public hearing. Such resolution must be
published in a newspaper of general circulation in the City and at least four (4) copies
of the resolution must be posted conspicuously not more than 100 feet apart along the
boundaries of the subject property. Prior to or at the time of the hearing, objections
to the proposed sale can be made. Since the Municipal Park Abandonment Law does
not specify any particular persons qualified to make objections, it should be presumed
that objections can be raised by any resident of the City of Saratoga.
If there are objections to the abandonment and sale of the park and such
objections are overruled by the City Council, the Council may then proceed to sell the
property. The sale can be for cash or on credit, but :i 38508 of the Government Code
stipulates that credit terms shall not exceed four (4) years and deferred payments shall
bear a rate of interest of 6 percent per annum. The Government Code expressly
authorizes the employment of agents, such as real estate brokers, to assist in the sale
transaction.
If there are objections to the proposed abandonment and sale and such
objections are not overruled by the City Council, the proceedings must terminate and
a new resclutionn of intention to sell cannot be adopted for a period of six (6) months
thereafter. Unlike the Government Code sections pertaining to sale of other City
property, the Municipal Park Abandonment Law does not provide that the Council
may, instead of waiting the six (6) month period, submit the matter to the voters for
decision. It should also be noted that the Municipal Park Abandonment Law does not
specify the vote required for overruling an objection. It is the opinion of the City
Memorandum to Saratoga Finance Committee
August 24, 1983
Attorney that Government Code 37425 would be applicable, which requires a four
fifth (4/5) vote.
This memorandum does not address the abandonment and sale of any land
within the City which is presently used as a park. As mentioned above, the Municipal
Park Abandonment Law of 1939 applies only to land which may have been designated as
a park but never actually used for this purpose. In the case of a park in use, different
procedures and restrictions would be applicable which, in most cases, would require a
special election.
Should the Finance Committee require additional information regarding the
disposition of surplus City property, I would be ha.. to suppleme his memorandum
or meet with you personally to discuss the ec in ore detail.
HST /cd
arold S. Topp
54220 CITIES, COUNTIES, ETC.
Municipal Corporations 0225(5).
States «S9.
Article 8
SURPLUS LAND
Library References
Ix
Title, 5
Sec.
54220. Legislative declarations; availability for housing sites for low
and moderate income persons; availability for park and recre-
ation or open -space purposes.
54221. Definitions.
54222. Offer to sell or lease property.
54223. Negotiations to determine sales price or lease terms; failure to
agree on price or terms.
54224. Effect of article on reconveyance of land to housing developer
for development of low and moderate- income housing.
54225. Contract of sale ur sale by trust deed; payment period.
54226. Application of article.
54227. Offers of purchase or lease from more than one entity; priority
consideration.
54230. Central inventory of surplus governmental property in county.
54230:5. Noncompliance with article; .validity of transfer or conveyance.
54231. Public park and recreational use; land acquired for highway
purposes.
54232. Development for public park and recreational purposes; use;
time; reversion.
Article 8 was added by Stats.1968, c. 621, p. 1307, 1.
The heading of Article 8, "Surplus Unimproved Land",
was amended by Stats.1982, c. 1442, 1, to read as it now
appears.
C.J.S. Municipal Corporations 965,
969.
C.J.S. States 149, 150.
54220. Legislative declarations; availability for housing sites
for low and moderate income persons; availability
for park and recreation or open -space purposes
The Legislature reaffirms its declaration that housing is of vital
statewide importance to the health, safety, and welfare of the resi-
dents of this state and that provision of a decent home and a suitable
living environment for every Californian is a priority of the highest
order. The Legislature further declares that there is a shortage of
sites available for housing for persons and families of low and mod-
erate income and that surplus government land, prior to disposition,
should be made available for that purpose.
358
Div. 2
The 1973 amendment adder] "or for
open -space purposes" in what is now the
first sentence of the second paragraph.
The 1979 amendment substituted
'amount of land available for recreational
and housing purposes" for "amount of
recreational laud available to the public
substituted a comma for "or" preceding
"for open -space purposes and added
or for low and moderate income housing
purposes" at the end of the first sentence
of the second paragraph.
SURPLUS LAND 54221
The Legislature reaffirms its belief that there is an identifiable
deficiency in the amount of land available for recreational purposes
and that surplus land, prior to disposition, should be made available
for park and recreation purposes or for open -space purposes. This
article shall not apply to surplus residential property as defined in
Section 54236.
(Added by Stats.1968, c. 621, p. 1307, 1. Amended by Stats.1973, c. 3038.
p. 2061, 2 Stats.1979, c. 942, p. 3246, 1; Stats.1982, c. 1442, 1.5.)
Historical Note
The 1982 amendment inserted the first
paragraph; and deleted "and housing"
from "recreational and housing purposes",
substituted "or" for a comma preceding
"for open -space purposes and deleted
"or for low and moderate income housing
purposes" following "open -space pur-
poses" in the first sentence of the second
paragraph; and added the second sentence
of the second paragraph.
Forms
See Nest's California Code Forms, Government.
United States Code Annotated
Open space land, see 42 U.S.C.A. 1500 et seq.
1. In general
Under school site purchase contract, in
which seller had option to repurchase the
site at a given price if site were not used
Notes of Decisions
359
by a specified date for school purposes,
repurchase option would be binding upon
school district. 63 Ops.Atty.Gen. 851.
54221. Definitions
(a) As used in this article, the term "local agency" means ev-
ery city, whether organized under general law or by charter, county,
city and county, and district, including school districts of any kind or
class, empowered to acquire and hold real property.
(b) As used in this article, the term "surplus land" means land
owned by any agency of the state, or any local agency, that is deter-
mined to be no longer necessary for such agency's use, except proper-
ty being held by the agency for the purpose of exchange.
(c) As used in this article, the term "open -space purposes" means
the use of land for public recreation, enjoyment of scenic beauty, or
conservation or use of natural resources.
54221 CITIES, COUNTIES, ETC.
(d) As used in this article, the term "persons and families of
low or moderate income" means the same as provided under Section
50093 of the Health and Safety Code.
(Added by Stats.1968, c. 621, p. 1307, 1. Amended by Stats.1973, c. 1038,
p. 2061, 3 Stats.1974, c. 1037, p. 2237, 1; Stats.1979, c. 942, p. 3246,
2; Stats.1982, c. 1442, 2.)
The 1973 amendment added subd. (c).
The 1974 amendment inserted includ-
ing school districts of any kind or class,"
in subd. (a).
The 1979 amendment inserted a comma
following "article" in subds. (b) and (c)
and added subd. (d).
Historical Note
360
Title 5
The 1982 amendment deleted "and which
is capable of park or recreation develop-
ment," preceding "except" in subd. (h)
and substituted "persons and families of
low or moderate income" for "low or
moderate income" in subd. (d).
54222. Offer to sell or lease property
Any agency of the state and any local agency disposing of sur-
plus land shall, prior to disposing of that property, send a written of-
fer to sell or lease the property as follows:
(a) A written offer to sell or lease for the purpose of developing
low- and moderate income housing shall be sent to any local agencies
including, but not limited to, housing authorities or redevelopment
agencies within whose jurisdiction the surplus land is located.
(b) A written offer to sell or lease for park and 'recreational pur-
poses or open -space purposes shall be sent:
(1) To any park or recreation department of any city within
which the land may be situated.
(2) To any park or recreation department of the county within
which the land is situated.
(3) To any regional park authority having jurisdiction within
the area in which the land is situated.
(4) To the State Resources Agency or any agency which may
succeed to its powers.
(c) The entity desiring to purchase or lease the surplus land for
low- and moderate income housing purposes or for park or recreation
purposes or for open -space purposes, shall notify in writing the dis-
posing agency of its intent to purchase or lease the land within 60
days after receipt of the agency's notification of intent to sell the
land.
(Added by Stats.1968, c. 621, p. 1307, 1. Amended by Stats.1973, c. 1038,
p. 2061, 4; Stats.1974, c. 1339, p. 2912, 1; Stats.1979, c. 942, p. 3246,
3; Stats.1982, c. 1442, 3.)
Div. 2
SURPLUS LAND 54223
Historical Note
As enacted in 1968, this section read: fy" for "shall first notify" in the intro
"Any agency of the state and any local duetory clause.
agency disposing of surplus land shall
first notify in writing the following enti-
ties of their intent to dispose of the prop-
erty and offer such land for park or rec-
reational purposes to the following enti-
ties at fair market value prior to dispos-
al:
"(a) To any park or recreation depart-
ment of any city within which the land
may be situated.
"(b) To any park or recreation depart-
ment of the county within which the land
is situated.
"(c) To any regional park authority
having jurisdiction within the area in
which the land is situated.
"(d) To the State Resources Agency or
any agency which may succeed to its pow-
ers."
The 1973 amendment inserted "or for
open -space purposes" following "recrea-
tional purposes" in the introductory
clause.
The 1979 amendment inserted a new
subd. (d) (see 1982 amendment note)
and redesignated former subd. (d) as subd.
(e) (now par. 4 of subd. (a)].
The 1982 ameudmeut substituted "that
property" for "such property" and "send
a written offer to sell or lease the prop-
erty as follows:" for "notify in writing
the following entities of their intent to
dispose of the property and offer such
land for park or recreational purposes or
for open -space purposes to the following
entities at fair market value prior to dis-
posal in the introductory clause; in-
serted subd. (a); inserted the introducto-
ry clause of subd. (b); redesignated
former subds. (a), (b) and (c) as pars.
(1), (2), and (3); deleted former subd.
(d), which read:
"To any local agency, redevelopment
agency or housing authority within which
the land is situated.
redesignated former subd. (e) as par.
The 1974 amendment substituted "shall, (4) and added subd. (c).
prior to disposing of such property, noti-
Cross References
Public property, authority to sell or lease, see 50570.
Surplus community college property, disposal at discount for park or recreational pur-
poses, see Education Code 81190.
Surplus lands transfers to local agency for housing for persons of low or moderate in-
come, see 11011.4.
54223. Negotiations to determine sales price or lease terms;
failure to agree on price or terms
After the disposing agency has received notice from the entity
desiring to purchase or lease the land, the disposing agency and the
entity shall enter into good faith negotiations to determine a mutual-
ly satisfactory sales price or lease terms. If the price or terms can-
not be agreed upon after a good faith negotiation period of not less
than 60 days, the land may be disposed of without further regard to
this article.
(Added by Stats.1968, cx 621, p. 1307, 1. Amended by Stats.1973, c. 1038,
p. 2062, 5; Stats.1979, c. 942, p. 3247, 4; Stats.1982, c. 1442, 4.)
As added in 1968, this section read:
"The entity desiring to purchase the
surplus land for park or recreation use
must notify the selling agency within 60,
days of its intent to purchase the laud
after receipt of the agency's notification
of intent to sell the land. If the entity
Historical Note
361
desiring to purchase the land and the sell-
ing agency are unable to arrive at a mu-
tually satisfactory sales price for said
land during the 60 -day period, the land
may be disposed of in the normal man-
ner."
54223
The 1973 amendment substituted "park
or recreation purposes or for open -space
purposes" for "park or recreation use" in
the first sentence.
The 1979 amendment substituted a com-
ma for "or" following "park or recreation
purposes," and substituted "or for low
Effect of article on reconveyance of land to housing de-
veloper for development of low and moderate income
housing z
Nothing in this article shall preclude a local agency, housing au-
thority, or redevelopment agency which purchases land from a dispos-
ing agency pursuant to this article from reconveying the land to a
nonprofit or for profit housing developer for development of low and
moderate income housing as authorized under other provisions of
law.
(Added by Stats.1982, c. 1442, 6.)
54224.
States C=89.
CITIES, COUNTIES, ETC. Title 5
Historical Note
Former 54224, added by Stats.1968, c. a transfer of title to real property, was
621, p. 1307, 1, and stating that nothing repealed by Stats.19S2, c. 1442, 5.
in this article was to affect the validity of
Library References
Municipal Corporations «225(1). C.J.S. Municipal Corporations 961 et
seq.
54225. Contract of sale or sale by trust deed; payment period
Any public agency selling surplus land to an entity described in
Section 54222 for park or recreation purposes, for open -space pur-
poses or for low and moderate income housing purposes may provide
for a payment period of up to 20 years in any contract of sale or sale
by trust deed of such land.
(Added by Stats.1973, c. 1038, p. 2062, 6. Amended by Stats.1979, c. 942,
p. 3247, 5.)
Historical Note
and moderate income bou.sing purposes
shall notify" for "trust notify" in the first
sentence: and substituted) ''such land" for
"said land" iu the second sentence.
The 19S2 amendment rewrote this see
tion.
Stats.1973, c. 103S, p. 2062, contained The 1979 amendtnent substituted a com-
two sections numbered "Section 6." See ma for "or" following "park or recreation
Historical Note under 11011.1. purposes and inserted or for low and
moderate income housing purposes
Library References
C.J.S. States 149.
362
Div. 2 SURPLUS LAND 54227
54226. Application of article
Nothing in this article shall be interpreted to limit the power of
any agency of the state or any local agency to sell or lease surplus
land at fair market value or at less than fair market value, and noth-
ing in this article shall be interpreted to empower any agency of the
state or any local agency to sell or lease surplus land at less than fair
market value. No provision of this article shall be applied when it
conflicts with any other provision of statutory law.
(Added by Stats.1982, c. 1442, 8.)
Historical Note
Former 54226, added by Stats.1974, c. surplus property is located, was repealed
1339, p. 2912, 2, relating to notice by Stats.1982, c. 1442, 7.
to housing authority of county in which
Library References
Municipal Corporations X225(1), 722. C.J.S. Municipal Corporations 96l et
seq., 1809.
54227. Offers of purchase or lease from more than one entity;
priority consideration
In the event that the state or any local agency disposing of sur-
plus land receives offers for the purchase or lease of such and from
more than one of the entities to which notice and an opportunity to
purchase or lease shall be given pursuant to this article, the state or
local agency shall give first priority to the entity which agrees to use
the site for housing for persons and families of low or moderate in-
come, except that first priority shall be given to an entity which
agrees to use the site for park or recreational purposes if the land
being offered is already being used and will continue to be used for
park or recreational purposes, or if the land is designated for park
and recreational use in the local general plan and will be developed
for that purpose.
(Added by Stats.1974, c. 1339, p. 2912, 3. Amended by Stats.1982, c.
1442, 9.)
The 1982 amendment inserted "or lease"
preceding °of such land substituted "to
purchase or lease shall be given" for "to
purchase must be given", and substituted
"shalt give first priority to the entity
which agrees to use the site for housing
for persons and families of low or moder-
ate income, except that first priority shall
be given to an entity which agrees to use
Historical Note
363
the site for park or recreational purposes
if the land being offered is already being
used and will continue to be used for park
or recreational purposes, or if the and is
designated for park and recreational use
in the local general plan and will be devel-
oped for that purpose" for "shall have
discretion as to which offer to accept
54230
54230.
Central inventory of surplus governmental property in
county
The board of supervisors of any county may establish a central
inventory of all surplus governmental property located in such coun-
ty.
(Added by Stats.1974, c. 1339, p. 2912, 4.)
54230.5. Noncompliance with article; validity of transfer or
conveyance
The failure by the state or a local agency to comply with the
provisions of this article shall not invalidate the transfer or convey-
ance of real property to a purchaser or encumbrancer for value.
(Added by Stats.1974, c. 1339, p. 2912, 5.)
54231. Public park and recreational use; land acquired for
highway purposes
Land acquired by a local agency for highway purposes through
the expenditure of funds allocated pursuant to Chapter 3 (commenc-
ing with Section 2100) of Division 3 of the Streets and Highways
Code may be retained by the local agency, or transferred to another
local agency, for public park and recreational purposes if the land is
no longer necessary for highway purposes, and if the local agency
having jurisdiction over such land determines that the use of such land
for public park and recreational purposes is the highest and best use
of the land.
(Added by Stats.1975, c. 852, p. 1917, 1.)
Section 3 of Stats.1975, c. 852, p. 1918,
provided:
"This act shall become operative only if
Assembly Constitutional Amendment No.
41 of the 1975-76 Regular Session is
CITIES, COUNTIES, ETC. Title 5
Historical Note
adopted by the people, in which event it
shall become operative at the same time
as Assembly Constitutional Amendment
No. 41 [A.C.A. No. 41 was adopted by the
people June 8,1976j."
Library References
Municipal Corporations 0223. C.J.S. Municipal Corporations 958 to
960.
54232. Development for public park and recreational purposes;
use; time; reversion
Land retained or transferred for public park and recreational
purposes pursuant to Section 54231 shall be developed within 10
years, and shall be used for at least 25 years, following such retention
or transfer for such purposes in accordance with the general plan for
the city or county in which the land is located. Otherw;se, the land
shall be sold by the local agency, and the funds received from the sale
shall be used for highway purposes. If the land originally had been
transferred for such purposes, it shall revert to the original acquir-
ing local agency for such sale.
(Added by Stats.1975, c. 852, p. 1917, 2.)
Article 3
SALE OF BUILDINGS AND SITES
499
Ex Zbi+ Fit
Sec.
37420. Alternative character of provisions.
37421. Resolution of intention to sell city property; adoption.
37422. Resolution of intention; contents.
37423. Resolution of intention; publication and posting.
37424. Protest.
87425. Protest; absent or overruled.
37426. Insufficient vote; time; special election.
37427. Special election; call; date; submission.
37428. Special election; favorable vote.
37429. Temporary occupancy after sale.
37430. Validation of prior sales.
Article 3, Sale of Buildings and Sites by Sixth Glass
Cities was added by Stats.1949, c. 79, p. 157, 1. The head-
ing was amended by Stats.1955, c. 624, p. 1118, 29, to read
as it now appears.
37420. Alternative character of provisions
The provisions of this article are alternative to Sections 37350 and
37351 of this code and any other authority granted by law to cities to
dispose of city owned property. (Added Stats.1949, c. 79, p. 157, 1, as
amended Stais.1955, c. 1330, p. 2415, 1.)
Historical Note
This section, as originally enacted, read Derivation: Stats.1SS3, c. 49, p. 93,
as follows: "The provisions of this arti- SG 2e, added Stats.1015, c. 432, p. 919. 1.
cle are cumulative to any other methods
permitted by law."
37421
500
CITY GOVERNMENT Title 4
37421. Resolution of intention to sell city property; adoption
When the legislative body of a city finds the public interest and
convenience require the sale of any public building and site dedicated to
a public use, it may adopt a resolution of its finding and intention to sell
the property. (Added Stats.1949, c. 79, p. 158, 1, as amended Stats.
1955, c, 624, p. 1118, 30.)
Historical Note
The 1949 amendment deleted the words Derivation: Stats.1SS3, c. 49, p. 93,
"sixth class" modifying "city Me, added Stats.1043, c. 432, p. 919, 1.
Library References
Municipal Corporations C:= C.J.S. Municipal Corporations r9Ct.
37422. Resolution of intention; contents
The resolution shall:
(a) Fix a time for hearing protests to the sale.
(b) Provide for publication of the notice of hearing.
(c) Fix the time final action will be taken.
(d) Contain an accurate description of the property to be sold.
(Added Stats.1949, c. 79, p. 158, 1.)
Derivation: Stats.1S83, c. 49, p. 93, S62e, added Stats.1945, c. 432, p. 919, 1.
Library References
Municipal Corporations t:73225(5). C.J.S. Municipal Corporations DGS.
37423. Resolution of intention; publication and posting
The resolution shall be published at least once in a daily newspaper
published and circulated in the city or, if there is none, the legislative
body shall designate a newspaper published in the county. It shall also
be posted for not less than ten days in at least three conspicuous places
upon each parcel of real property affected. (Added Stats.1949, c. 79, p.
158, §1.)
Derivation: Stats.18S3, c. 49, p. 03, SC2e, added Stats.191$, c. 432, p. 919, 1.
Cross References
Publication, generally, see C000 et seq.
37424. Protest
At any time prior to final action, any person interested may pro-
test the proposed sale. The protest may be written and delivered to the
clerk of the legislative body or oral at the meeting considering the reso-
c
Div. 3 SALE OF BUILDINGS AND SITES 37429
lution. The legislative body shall hear and pass upon the protest.
(Added Stats.1949, c. 79, p. 158, 1.)
Derivation: Stats.1SS3, c. 49, p. 93, SG2c, added Stats.1915, c. 432, p. 010, 1.
37425. Protest; absent or overruled
If no protests are received or the legislative body overrules the
protests by a four fifths vote of its members, it may proceed with the
sale. (Added Stats.1949, c. 79, p. 158, 1.)
Derivation: Stats.18S3, c. 49, p. 93, SG2c, added Stats.1945, c. 432, p. 919, 1.
37426. Insufficient vote; time; special election
If four fifths of the legislative body do not vote to complete the
sale, it shall not take further steps for sale of the property for six
months after final action unless it shall first call a special election on
the question. (Added Stats.1949, c. 79, p. 158, 1, as amended Slats.
1949, c. 354, p. 635, 2.)
Derivation: Stats.1SS3, c. 49, p. 93, 862e, added Stats.1945, c. 432, p. 919, 1.
Cross References
Initiative and referendum, municipal elections, see Elections Code 4000 et seq.,
4030 et seq.
Special election defined, see Elections Code 30.
37427. Special election; call; date; submission
The legislative body may adopt an ordinance calling and fixing the
date of a special election at which the proposition of sale of the proper-
ty will be submitted to the city electors. (Added Stats.1949, c. 79, p.
158, §1.)
Derivation: Stats.1SS3, c. 49, p. 93, SG2e, added Stats.1945, c. 432, p. 919, 1.
Cross References
Initiative and referendum, municipal elections, see Elections Code 4000 et seq..
4030 et seq.
Ordinances, generally, see 36900 et seq.
Special election defined, see Elections Code 30.
37428. Special election; favorable vote
If a majority of the votes is for the proposition, the Iegislative
body may sell the property. (Added Stats.1949, c. 79, p. 158, 1.)
Derivation: Stats.1SS3, c. 49, p. 93, S62c, added Stats.1945, c. 432, p. 919, 1.
37429. Temporary occupancy after sale
The legislative body may agree with the purchaser of the property
that the city will remain in temporary occupancy after the sale until
other arrangements have been completed. It may agree to include the
value of such occupancy in the purchase price or enter into a separate
lease or rental agreement. (Added Stats.1949, c. 79, p. 158, 1.)
Derivation: Stats.18S3, c. 49, p. 93, 862e, added Stats.1915, c. 432, p, 019, 1.
37430. Validation of prior sales
If a legislative body sold property prior to May. 23, 1945, by a pro-
ceeding substantially complying with this article, the sale is as effective
as if it had occurred after that date. (Added Stats.1949, c. 79, p. 158,
1.)
Derivation: Stats.18S3, c. 49, p. 93, 862e, added Stats.1945, c. 432, p. 919, 1.
Article 3
MUNICIPAL PARK ABANDONMENT LAW OF 1939
Sec.
38501. Authority to abandon on act of municipality.
38502. Election to abandon; lands purchased from bond proceeds.
38503. Resolution of intention; adoption; contents.
38504. Resolution of intention; publication and posting.
38505. Objections; hearing; termination of proceedings.
38506. Jurisdiction.
38507. Assistants to sell land; employment; compensation.
38508. Sale; time, price, terms, and interest.
38509. Deed.
38510. Sale, effect on easements; reversion.
Article 3 was added by Stats.1953, c. 170, p. 1100, a 22.
Hlstoricat Note
This article was added as a part of the state and local government" etc., by which
1953 act designated as "An act to codify a number of sections, articles, chapter;.
certain statutes, relating to the orgauiza- and parts were added to the code.
Lion, and the maintenance of a system of
Library References
Dedication 0 63(1) G.J.C, Dedication 62.
38501. Authority to abandon on act of municipality
The legislative body may abandon all or any portion of a park and
sell the land comprising it pursuant to this article, if it finds that all or
any portion of the purported park has not been used by the public for
602
!1
Div. 3 DISCONTINUANCE OF PARKS 38503
park purposes, that no consideration has been paid for the land except
by the city, and that no public funds have been expended to improve the
land as a park, in either of the following situations:
(a) When any Iand within the city limits has been dedicated for
park purposes by the recording of a plat or map in the office of the
county recorder, or otherwise.
(b) When any such land has been purchased for park purposes
and the legislative body finds that all or any portion of the land is not
appropriate, convenient, or necessary for park purposes. (Added
Stats.1953, c. 170, p. 1100, 22.)
Derivation: Stats.1939, c. 1107, p. 303S, 1.
Cross References
Discontinuance of parks dedicated by original town site map or plat, see 38400.
Similar provisions, see 38403, 38440.
Notes of Decisions
I. Construction and application
Abandonment by charter city of park,
which had been acquired by eminent do-
main, for purpose of using the park as a•
site for a firehouse, was a "municipal af-
fair," and city, which had availed itself of
constitutional provisions empowering cities
38502. Election to abandon; lands purchased from bond pro-
ceeds
If the land comprising all or any part of such park has been pur-
chased from funds realized from the sale of bonds of a bond issue au-.
thorized for the purpose of acquiring the land for park purposes, the
question of abandonment of all or a part of the park and the sale or
conveyance of the land shall first be submitted to, and approved by,
the voters of the city at the next municipal election or at a special elec-
tion called for that purpose. (Added Stats.1953, c. 170, p. 1100, 22.)
Derivation: Stats.1939, c. 1107, p. 3038, 1.
Cross References
Special election defined, see Elections Code 30.
to make and enforce all laws and regula-
tions in respect to "municipal affairs,"
had the power to so act without following
procedure outlined in the Government
Code for abandonment of parks. Wiley v.
City of Berkeley (1955) 23S P.24 123, l36
C.A.2d 10.
38503. Resolution of intention; adoption; contents
Before abandoning all or a part of such park, the legislative body
shall adopt a resolution of intention, describing the park or the portion
of it proposed to be abandoned and fixing a time, at least 30 days after
adoption of the resolution, when it will meet to take final action.
(Added Stats.1953, c. 170, p. 1100, 22.)
Derivation: Stats.1939, c. 1107, p. 3039, 2.
603
c
38503
Computation of time. err GS00 et seq.
Similar provisions, sec 3S -10 -1,
CITY COVERN`IENT Title 4
Cross References
38504. Resolution of intention; publication and posting
The resolution shall be published pursuant to Section 6063 in a
newspaper of general circulation published in the city or, if there is.
none, in any newspaper designated by the legislative body which is pub-
lished in the county. Not less than four copies of the resolution shall
be posted conspicuously not more than 100 feet apart along the bounda-
ries of the park. (Added Stats.1953, c. 170 p. 1100, 22, as amended
Stats.1957, c. 357, p. 1022, 54.)
Historical Noto
The 1957 amendment inserted the words Derivation: Stats.1.939, c. 1107, p. 3039,
"pursuant to Section 6063" and, following 3.
the word "city deleted the words "once
a week for three successive weeks prior
to the day fixed for the meeting of the
legislative body
Cross References
Publication, see G000 et seq.
Similar provisions, see 3S403, 35415, 35416.
38505. Objections; hearing; termination of proceedings
At the time stated in the resolution, the legislative body shall
meet, and hear and pass on objections to the abandonment of all or a
portion of the park. If the legislative body sustains the objections, the
proceedings shall terminate, and a new resolution of intention shall not
be adopted for six months. (Added Stats.1953, c. 170, p. 1100, 22.)
Derivation: Stats.1939, c. 1107, p. 3039, 4.
Cross References
Similar provisions, see 3S-106, 3S1-19, 35450.
38506. Jurisdiction
If all objections are overruled, the legislative body has jurisdiction
to order all or any portion of the park abandoned and the land sold..
(Added Stats.1953, c. 170, p. 1100, 22.)
Derivation: Stats.1939, c. 1107, p. 3039, 5.
Similar provisions, see 3S-10S.
Cross References
604
Dig'. 3
Contracts for special services, see 37103.
Similar provision, see 3.9415.
c
DISCONTINUANCE OF PARKS 38510
38507. Assistants to sell land; employment; compensation
The legislative body may employ such legal or other assistants as
it deems necessary to sell the land for the best advantage of the city;
and may fix and pay their compensation. (Added Stats.1953, c. 170, p.
1100, 22.)
Derivation: Stats.1939, c. 1107, p. 3030, 6.
Cross References
38508. Sale; time, price, terms, and interest
The legislative body may order the land sold in one block or in lots
or parcels, for cash or on credit, as it deems most advantageous to the
city. Credit terms shall not exceed four years, and deferred payment&
shall bear a rate of interest of 6 percent a year. The legislative body
shall determine when, at what price, and on what terms the land or any
part of it shall be sold. (Added Stats.1953, c. 170, p. 1101, 22.)
Derivation: Stats.1939, e. 1107, p. 3040, 7.
Similar provision, see 3S416.
Cross References
Library References
Municipal Corporations C:225 (3). C.J.S. )Iunicipal Corporations 967.
38509. Deed
When authorized by a majority vote of the legislative body, the
mayor and the city clerk shall sign, acknowledge, and deliver a deed to
the land or part sold in the name and under the seal of the city. The
deed when signed, acknowledged, and delivered conveys title to the and
described in it. (Added Stats.1953, c. 170, p. 1101, 22.)
Derivation: Stats.1039, c. 1107, p. 3010. 7.
Code Commission Notes
"Mayor" includes president of the city council (Gov.C. 34002).
Similar provision, see 3.9117.
Cross References
38510. Sale, effect on easements; reversion
No abandonment or sale of a park pursuant to this article shall af-
fect any private easement or other right in lands acquired or owned by
any private person or corporation, nor shall such abandonment or sale
605
38510
affect any right, easement, or interest owned or under the control of
any other governmental agency for public use other than park pur-
poses.
In the absence of an express or implied reservation of a right of
reversion in the dedication or instrument of purchase, the park lands
abandoned pursuant to this article shall not revert to private owner-
ship. (Added Stats.1953, c. 170, p. 1101, 22.)
Derivation: Stats.1939, c. 1107, p. 3040, 9.
Cross References
Reversion defined, see Civil Code 763.
Library References
Dedication Ca63(1). C.J.S. Dedication 64.
CITY GOVERNMENT Title 4
November 19, 1986
SEE ATTACHED DISTRIBUTION
Sincere
Harry R. Peacock
City Manager
Jm
13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070
(408) 867 -3438
COUNCIL MEMBERS:
Karen Anderson
Martha Clevenger
Joyce Hlava
David Moyles
Donald Peterson
The City of Saratoga intends to declare as surplus a parcel of unimproved land
approximately 2.75 acres in size, located on the southeasterly corner of Cox
Avenue and Saratoga Sunnyvale Road legally described as follows:
All that certain real property situate in the City of Saratoga, County of
Santa Clara, State of California, described as follows:
Portion of the Quito Rancho, described as follows:
Beginning in the center line of Cox Road, 40 feet wide, of the center
line of Saratoga Sunnyvale Road, formerly called Saratoga and Mountain
View Road, 60 feet wide, as said roads are shown upon the Map of Tract
No. 1489 Argonaut Place Unit No. 3, filed July 12, 1955, Book 59 of Maps
30; thence along said center line of Cox Road, S.87 deg. 09° 45" E.
468.91 feet to the Northwest corner of the land shown upon the Map of
Tract No. 2804 filed September 15, 1960, Book 125 of Maps, page 23,
thence along the Westerly line of said Tract No. 2804, S. 1 deg. 03° 27"
W., 326.82 feet to the Westerly prolongation of one of the Northerly
lines of said Tract No. 1489 Argonaut Place Unit No. 3, thence along said
line, N. 87 deg. 02 05" W., 469.16 feet to said center line of Saratoga
Sunnyvale Road thence along said center line N. 1 deg. 05° 40" E., 325.76
feet to the point of beginning.
EXCEPTING THEREFROM that portion conveyed to the County of Santa Clara by
Deed recorded December 6, 1965, Book 7201 Offical Records, page 667,
Santa Clara County Records.
The City proposes to sell or lease said property for commercial and /or multi-
family residential purposes. Pursuant to Government Code Section 54222, you
are hereby offered the opportunity to submit a written offer to purchase or
lease said property at its appraised value for the purposes set forth therein.
Please advise if you wish to purchase or lease said property and enter into
good faith negotiations for that purpose.
John C. Burns
Executive Director
Santa Clara County Housing Authority
999 West Taylor
San Jose, CA 95126
(408) 275 -8770
Douglas J. Gaynor
Director
Santa Clara County
Parks and Recreation Department
298 Garden Hill Drive
Los Gatos, CA 95030
(408) 358 -3741
Herbert Grench
General Manager
Midpeninsula Regional Open Space District
201 San Antonio Circle, Bldg. C -135
Mountain View, CA 94040
(415) 949 -5500
Gordon K. Van Vleck
Secretary
State Resources Agency
1416 Ninth Street
Sacramento, CA 95814
(916) 445 -5656
Gene Goldberg
Director
Los Gatos Saratoga Recreation Department
123 East Main Street
Los Gatos, CA 95030
(415) 354 -8700
Suzanne Wilson
Chairperson
Santa Clara County Board of Supervisors
70 West Hedding Street
San Jose, CA 95110
(408) 299 -2323
65402. Acquisition or disposition of property; construction of
buildings; requirements before action
(a) If a general plan or part thereof has been adopted, no real
property shall be acquired by dedication or otherwise for street,
square, park or other public purposes, and no real property shall be
disposed of, no street shall be vacated or abandoned, and no public
building or structure shall be constructed or authorized, if the adopt-
ed general plan or part thereof applies thereto, until the location, pur-
pose and extent of such acquisition or disposition, such street vaca-
tion or abandonment, or such public building or structure have been
submitted to and reported upon by the planning agency as to con-
formity with said adopted general plan or part thereof. The planning
agency shall render its report as to conformity with said adopted gen-
eral plan or part thereof within forty (40) days after the matter was
submitted to it, or such longer period of time as may be designated
by the legislative body.
If the legislative body so provides, by ordinance or resolution,
the provisions of this subdivision shall not apply to: (1) the disposi-
tion of the remainder of a larger parcel which was acquired and used
in part for street purposes; (2) acquisitions, dispositions, or aban-
donments for street widening; or (3) alignment projects, provided
such dispositions for street purposes, acquisitions, dispositions, or
abandonments for street widening, or alignment projects are of a mi-
nor nature.
PAUL B. SMITH
ERIC L. FARASYN
LEONARD J. SIEGAL
HAROLD 5. TOPPEL
ROBERT K. BOOTH. JR.
STEVEN G. BAIRD
ATKINSON FARASYN
ATTORNEYS AT LAW
660 WEST DANA STREET
P.O. BOX 279
MOUNTAIN VIEW, CALIFORNIA 94042
1415) 967 -6941
MEMORANDUM
TO: Saratoga City Council
FROM: Harold S. Toppel, Saratoga City Attorney
RE: Disposition of City Owned Property at the Corner of Cox Avenue and
Saratoga Sunnyvale Road
DATE: December 1, 1986
J. M. ATKINSON, (1892-1982)
L. M. FARASYN, (1915-1979)
The City Council has long ago made the policy decision to dispose of the
City owned vacant land located at the southeast corner of Cox Avenue and
Saratoga Sunnyvale Road. On August 27, 1986, the City entered into a contract with
a planning consultant for the submission of a report to the Council describing various
development options for the property. This report was completed in October 1986 and
contained 8 different schematic designs ranging from single family residential to
intensive commercial development of the site. At its regular meeting on
November 5, 1986, the Council selected two of the proposed options as acceptable
forms of development. The first option was the entire site being devoted to multi-
family residential housing. The second option was a mixture of uses based upon the
natural division of the site by the intersecting creek. The portion fronting on
Saratoga Sunnyvale Road would be development as retail commercial, and the rear
portion taking access from Cox Avenue would be developed as multi family
residential.
The procedural requirements for the sale or leasing of public property are
prescribed by state law. Included among these requirements is Section 65402(a) of the
Government Code which states that prior to any disposition of real estate owned by
the City, the matter must be submitted to and reported upon by the planning agency
(i.e. the Planning Commission) as to conformity with the adopted General Plan.
The land use designation for the subject property is currently shown on the
City's General Plan as "PDM which means planned development mixed commercial
uses. The property is located within area E, and the development guidelines for such
area contain a specific statement concerning this property which reads as follows:
"The City owned open space at the intersection of Cox Avenue
and Saratoga Sunnyvale Road should be considered for
commercial or multi family residential development."
In view of the determination already made by the City Council that the
property should be developed for multi family residential uses or a mixture of multi-
family and retail commercial uses, the proposed sale or lease for the purpose of either
such development would conform with the City's adopted General Plan. It should also
be noted that the property can be developed for multi family residential uses or a
mixture of multi family and retail commercial uses under its current zoning
classification of "neighborhood commercial" (C -N).
Based upon the foregoing, staff recommends adoption by the Planning
Commission of the resolution determining that the proposed disposition of the City
owned property, for development in accordance with one of the alternatives
designated by the City Council, will be in conformity with the General Plan. The
resolution will be transmitted to the City Council for consideration at its regular
meeting on December 17, 1986, at which time we expect the Council to adopt a
resolution of its own declaring the property to be surplus land and scheduling a public
hearing on January 23, 1987, for receiving any protests from members of the public to
the proposed disposition of the property. The Council has authority to overrule any
protest by a four fifths vote.
Saratoga City Attorney
The Planning Commission of the City of Saratoga hereby finds and
determines as follows:
1. The City is the owner of certain unimproved real property located at
the southeast corner of Cox Avenue and Saratoga /Sunnyvale Road, consisting of
approximately 2.75 acres of land as more particularly described in Exhibit "A"
attached hereto and made a part hereof.
2. The land use designation for said property as shown on the City's
General Plan Map is "PDM," which allows planned development mixed commercial
uses.
3.
General Plan,
is as follows:
RESOLUTION NO. PC 154
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SARATOGA DETERMINING THAT THE PROPOSED
DISPOSITION OF PUBLIC PROPERTY LOCATED AT THE
SOUTHEAST CORNER OF COX AVENUE AND
SARATOGA /SUNNYVALE ROAD WILL BE IN CONFORMITY
WITH THE CITY'S GENERAL PLAN
Said property is located within Area E, as described in the City's
and the guideline for development thereof as stated in the General Plan
"The City owned open space at the intersection of
Cox Avenue and Saratoga /Sunnyvale Road should be
considered for commercial or multi family
residential development."
4. The City Council has indicated its desire to sell or lease said property
for development as either a multi family project or a mixed project containing both
multi family and retail commercial uses.
5. Section 65402(a) of the California Government Code requires a
determination by the planning agency that a proposed disposition of real property
owned by the City will be in conformity with the General Plan and on
December 3, 1986, the City Council directed the Planning Commission to consider
such determination and issue its report thereon to the Council not later than
January 21, 1987,
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the
City of Saratoga as follows:
1. The Commission hereby determines that the proposed sale or lease of
the City owned real property located at the southeast corner of Cox Avenue and
Saratoga /Sunnyvale Road, for the purpose of allowing said property to be developed as
a multi family project or a mixed project containing multi family and retail
commercial uses, is and will be in conformity with the City's adopted General Plan.
2. The Secretary of the Planning Commission is hereby instructed to
transmit a copy of this Resolution to the City Council as constituting the report from
the planning agency required under Section 65402(a) of the Government Code.
Passed and adopted at a regular meeting of the Planning Commission of the
City of Saratoga held on the 10th day of December, 1986, by the following vote:
AYES: Commissioners Burger, Callans, Guch, Harris, Pines,
Siegfried, and Tucker
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
/s/ Ynrhu.ek Hsia
Secretary
/s/ Ann Marie Burger
Chair of the Planning Commission