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Home My WebLink About11-05-2008 Supplemental Council AgendaFYI City Clerk From: John Livingstone Sent: Wednesday, November 05, 2008 2:57 PM To: Dave Anderson; City Clerk Subject: FW: CH Zoning and how it affects our property Topic for Oral Communication at Nov 5 Council Meeting Attachments: Saratoga City Council Meeting.pdf From: Bob Busse [mailto:bob.busse @magnachip.com] Sent: Wednesday, November 05, 2008 1:59 PM To: Aileen Kao; Jill Hunter; Kathleen King; Chuck Page; Ann Waltonsmith Cc: susievnl @hotmail.com; John Livingstone Subject: CH Zoning and how it affects our property Topic for Oral Communication at Nov 5 Council Meeting Dear Saratoga City Council Members, I have a matter that I'd like to speak about at tonight's council meeting. I've previously had discussions with John Livingstone and Jill Hunter on this topic. Jill suggested I email the council and appear at tonight's meeting to speak during the oral communication session. I attached a ppt slide set outlining the issue, how it affects me, my immediate neighbors and 44 others who own condominiums in the village. This is what I will address this evening. I hope you will do me the honor of quickly reviewing this before tonight. Thank You, Bob Busse 11/6/2008 Director of Sales MagnaChip, USA 408 213 -2444 office 408 472 -7272 cell 787 N. Mary Ave. Sunnyvale, CA 94085 Page 1 of 1 Saratoga City Council Meeting Nov 5, 2008 CH Zoning Request FE The Zoning Issue V) Our property, a residential townhouse development of 4 units, has been here since 1980. With the CH zoning ordinance change in 2003, our property is no longer valid for residential, unless it is a rental. 1 es N N i? /N /What This Means to Us If a catastrophic event occurs such as a fire or earthquake, where our property becomes totaled, we would be forbidden to rebuild as owner- occupied. This makes our property a risk to ourselves, potential buyers and loaning institutions. Ultimately it means our property's value is negatively affected. The Responsibility The city enacted the zoning ordinance change in 2003 without regard to existing village homeowners. 48 homeowners are affected by the city's change. The city should take responsibility for correcting this mistake. 7 The Solution(s) Rezone our parcel to RM -3000, equal to the adjacent zone. Add an "Approved Use" condition to the existing CH zoning code allowing "Residential, where a property's primary access faces Oak Street, and an adjacent parcel is zoned RM -3000. This simple definition affects our parcel only. Has no negative effect on any adjacent properties. Add an "Approved Use" condition to the existing CH zoning code allowing Residential to be grandfathered where current residential exists." This fixes the issue for 48 existing homeowners 7 Memo T� Mayor and City Council Members From: Iveta Harvancik, Senior Engineer Date: November 5, 2008 Re: City of Saratoga Correction pertaining to the Agenda Item Number 7 Amendment to Subdivision Improvement Agreement A correction was made to the Amendment to Subdivision Improvement Agreement. The corrected document is attached. Original text on the first page of the Amendment: WHEREAS, the parties seek to amend this Agreement to extend the Subdivision Improvement Agreement by three years until February 28, 2011. Corrected text on the first page of the Amendment: WHEREAS, the parties seek to amend this Agreement to extend the Subdivision Improvement Agreement by two years until February 28, 2011. RECORDING REQUESTED BY: CITY OF SARATOGA AFTER RECORDATION RETURN TO: CITY OF SARATOGA Attn: City Clerk 13777 Fruitvale Avenue Saratoga, CA 95070 THIS SPACE FOR RECORDER'S USE AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT WHEREAS, the CITY OF SARATOGA (hereinafter referred to as "City") and David Cheng -Yi Cheng and June Teh- Chiung Cheng (hereinafter referred to as "Owner and Subdivider have entered into a certain Subdivision Improvement Agreement dated August 2, 2006, concerning development of the property known as Assessor's Parcel Number 517 -21 -004 and subdivided into three parcels which said subdivision was duly approved by City by Resolution Number 06 -066 dated August 2, 2006 (Application SD -03 -112). WHEREAS, the Subdivision Improvement Agreement provides in paragraph 4.a that all required on -site and off -site improvements shall be complete to the satisfaction of the Director of Public Works within one year from the date of City's approval of subject subdivision; and WHEREAS, the Subdivision Improvement Agreement provides in paragraph 4.c that the Director of Public Works may allow up to three extensions of this Agreement of up to 180 days each, provided that all requirements under this Agreement or imposed by law are met by Developer; and WHEREAS, the Subdivision Improvement Agreement provides further in paragraph 4.c that any further extension requires amendment and approval of this Agreement by the City Council; and WHEREAS, the construction of required subdivision improvements has not been completed at this time and all three 180 -day time extensions were granted by the Public Works Director extending the Subdivision Improvement Agreement until February 28, 2009; and WHEREAS, the parties seek to amend this Agreement to extend the Subdivision Improvement Agreement by two years until February 28, 2011. NOW THEREFORE, the undersigned parties hereby agree to amend the Subdivision Improvement Agreement as follows: Paragraph 4.a: As approved by the City Council, all required on -site and off -site improvements shall be complete to the satisfaction of the Director of Public Works prior to issuance of the final inspection approval for any structure built on any parcel within the subject subdivision by February 28, 2011. Except as herein modified, the Subdivision Improvement Agreement is declared to be in full force and effect. IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereto on ,2 Date Date Attest By: Ann Sullivan Acting City Clerk David Cheng -Yi Cheng and June Teh- Chiung Cheng Owner and Subdivider City By: Dave Anderson City Manager INSTRUCTIONS This Agreement shall be recorded. Owner(s) and Subdivider(s) signature(s) must each be acknowledged by a notary. Inform the notary that the acknowledgement is for an instrument to be recorded (California Civil Code §1169, et seq.) STATE OF CALIFORNIA COUNTY OF personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he /she executed the same in his/her authorized capacity as Subdivider, and that by his/her signature on the instrument, the person, or the entity on behalf of which the person acted, executed the instrument. Signature Witness my hand and official seal. ACKNOWLEDGEMENT On 2 before me, [Seal]