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HomeMy WebLinkAbout09-22-1998 City Council joint meeting with PRC.10 ABANDONMENT OF EASEMENT LOT 18, MT. EDEN ESTATES History This lot is part of a 23 lot subdivision in the Northwest Hills of Saratoga. The subdivision map had a dedicated trail easement on it running through the northern section of the subdivision. Lot 18 had several easements running through it. The easements that we will deal with are the Pedestrian/Equestrian easements. Some of these easements were abandoned by the city in 1995. It is unknown why the easements were abandoned as the easements abandoned have always been listed on all trail task force reports, Parks and Trails Master Plan etc. The section that was abandoned is an important link in the trail system. It is part of an old quarry road and is a perfect trail bed. We are requesting that the council review this abandonment. We do not believe appropriate procedures were followed to abandon the easements and the easements should not have been abandoned. Please review the following documentation: A. 1976 This is a copy out of the original Trails Task Force report listing the segment that was abandoned. B. 1991 This is a copy out of the original Parks and Trails Master Plan listing the segment C. 1991 This is a copy out of the original Parks and Trails Master Plan listing the segment that the easement would hook up to to get access to Parker Ranch and Mid - Peninsula Open Space District. D. 1994 This is a copy out of the Hillside Specific Plan designating that it is important to provide links to open space areas and County areas prior to development of each lot. E. 7 -25 -95 Letter from Larry Perlin to Thomas Burke, developer outlining steps to subdivide Lot 18, splitting off two lots off the original lot 18 so he can develop two additional lots as a separate subdivision. These steps include removal of trail easements F. 8 -4 -95 Memo to Larry Perlin from Michael Riback giving the City government code sections for the abandonment of the easements. In the Letter it indicates that a petition must be received from the land owner, public hearings before the planning commission must be done and certain specified findings must have occurred. We can find no documentation that any public hearings were conducted and no petition from the land owner was received. The government code sections are attached and seem to imply that the abandonment must be consistent with the local general plan, clearly this is not the case. . 0 G. 11 -2 -95 Recorded abandonment of easement. H. 9 -22 -98 After researching the abandonment and talking to several parties involved in the original subdivision, it was supposedly agreed that the only easement to be abandoned was the easement going across the lot from East to West on the toe of the slope, marked in Red on the attached map. This easement was then relocated on top of an existing sewer easement instead, marked in blue. There is a house almost ready for occupancy on this lot, its approximate location marked by the box. w Trail Section. E-11 IN.k1l, u TO PARKER RANCH VIA SECTION C TO CITY LIMI' VIA SECTIO" C Garrod Stables Property ............•••••• Route of trail End of section — - — • — • — Boundary of Assessors Parcel Book PaLye 1m:1=1 -7a- gi-r. i ,gd,a..ava.os4 Sz�{,I►K,a j V R.h ...:. .. i. 1 Oar, 13 19, 17 2 ,A 53; ; `54 2 3 15 20 2 \N" ,.16 r-, " 27., 31 28. .30 .• X34 I �• EX=NG TRAM EASEMENT _ Fig a .L •--m PROPOSED TRAIL.EASEMENT 1.I b EXISTING & PROPOSED TRAILS CITY OF SARATOCrA PARKS AND TRAILS MASTER WALLACE ROBERTS & TODD PLAN r ,;.;., ...:. .. i. 1 Oar, 13 19, 17 2 ,A 53; ; `54 2 3 15 20 2 \N" ,.16 r-, " 27., 31 28. .30 .• X34 I �• EX=NG TRAM EASEMENT _ Fig a .L •--m PROPOSED TRAIL.EASEMENT 1.I b EXISTING & PROPOSED TRAILS CITY OF SARATOCrA PARKS AND TRAILS MASTER WALLACE ROBERTS & TODD PLAN r Action: Cost Estimate: Maintenance Cost Segment: Location: Status: Length: Type: Ownership: Surrounding Notes: Action: Land Use: Cost Estimate: Maintenance Cost Segment: Location: Status: Length: Type: Ownership: Surrounding Land Use: Notes: Action: Cost Estimate: Maintenance Cost Coe 3.6 Proposed Trail System Improvements This segment has been identified by the property owners during. development as a trail easement. Negotiations should be made with the County to extend this segment west thereby making a connection with Fremont Older Park. The City would then need to construct the trail per City standards and post the appropriate signage. As the easement is already dedicated and the land available for development this route is a more feasible alternative to connect the City's trail system to the County parkland in the West. $36,000 $675 45 is segment travels along the eastern property line of Garrod Stables from trail segment #4 south to segment #9 and Quarry Road. Proposed 1800 L.F. 1 Garrod Stables, Agricultural Preserve Horse stables, Saratoga Country Club and residential property. The establishment of a trail easement should be negotiated with the owners. If the property is to undergo development the trails could be constructed as a condition of development approval. $43,200 $810 46 This segments north end sits at the cul -de -sac of Chiquita Court. From here it travels directly south to potentially link with the Proposed segment #I1 and then turns southwest along the property line to Old Oak Way. The path continues west until a connection is made with segment 045 and the Garrod Stables. Proposed 2600 L.F. I Vacant, Open Space Easement, Private residential and Agricultural Preserve. Residential, orchards, stables The City needs to negotiate with surrounding land owners for the establishment of this trail. It should then be constructed per City standards and signage posted. Consideration will have to given to the rather steep terrain in this area. $62,400 $1170 3.6 -15 1 L7 r b. open Space Value of the parcel of land. C. Impact on other Williamson Act lands. d. Availability of utilities. e. Public benefits. 2. Encourage renewal of Williamson Act contracts. Action Program 1. Adopt resolution establishing criteria of cancellation of Williamson Act contracts. 2. Establish a list of permitted or conditional uses With objective of Plan Williamson Act land being preserved for op en space for the area. TRAIL9rAND PATHWAYS Policies 1. Develop equestrian /pedestrian trail system for access to County recreation areas and Midpeninsula Regional Open Space District concurrently, or prior to, the development of each lot 2. Encourage trails and pathways along roadways. Action Program 1. Require development and a m sub. 2.- aapprovale of equestrian /pedestrian trail system as part of s 2. Develop program to promote and ai Report. t i trails in the Western Hillsides per the Trails and Pathways Task Force OPEN SPACE Policies 1. Preserve the low density and natural character of Saratoga by the inclusion of permanent open space, landscaping and encouragement of agricultural land uses. 12 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 867 -3438 July 25, 1995 Thomas E. Burke 691 North Mathilda Ave. Sunnyvale, CA 94086 COUNCIL MEMBERS: Ann Marie Burger Paul E. Jacobs Gillian Moran Karen Tucker Donald L. Wolfe Subject: Summary of steps to process application for additional subdivision of Lot 18, Tract 7761 Dear Mr. Burke: The purpose of this letter is to briefly outline the various steps which will need to occur in order for the City to process your application for additional subdivision of Lot 18 in Tract 7761. This essentially summarizes the discussions from our meeting held at City Hall on July 7 between yourself, Patrick Dougherty, Jitka Cymbal, Heber Teerlink, Warren McDowell (City Surveyor), and me.. Step 1 - Complete the drainage improvements on Lot 18: This involves completing the drainage diversion from the abandoned quarry area on Lot 4 across Lot 18 and into the Quarry Creek culvert structure all within the existing drainage easement areas on Lot 18. It also involves improving the appearance of the retention pond area in the front of Lot 18 so during the summer months, it does not resemble a dried up swamp. The drainage diversion will be completed at no cost to you and will involve installing an underground pipe to convey drainage from the and of the existing rock lined channel to the Quarry Creek culvert. The intent will be to minimize the impact of the drainage system on the future development potential for Lot 18. Step 2 - Eliminate/ redefine easements on Lot 18: Upon completion of the drainage improvements, I will process your request to eliminate certain easements and redefine other easements which presently encumber much of Lot 18. The formal request to accomplish this was received from Jitka Cymbal on July 13. The purpose here is twofold. First, it will allow the City to redefine the drainage easement across Lot 18 as a narrow strip following the alignment of the diversion channel and pipe instead of as a broad area covering much of the eastern half of the property. Second, it will remove many of the existing encumbrances on the lot which render much of the lot unusable. This adds considerable "marketable value" to the lot and allows future owners to improve the property in a manner which is consistent with the development of other lots within the subdivision. Printed on recycled paper Step 3 - Process Lot Line Adjustment application between Lots 4 and IS: This application will adjust the boundaries between Lots 4 and 18 to transfer the lower 10 acres (approximate) of Lot 4 to Lot 18. The application requires Planning Commission approval and sets the stage for submission of a subsequent application to further subdivide Lot 18. Step 4 - Process Subdivision application for Lot 18: This application will be processed only when the above three steps have been completed. The application will require tentative approval from the Planning Commission (a discretionary action), and final approval from the City Council (a ministerial action). It will also require a Geotechnical Clearance from my office before it can be scheduled for Planning Commission review, and the review of the City Arborist who will most likely only be concerned with the proposed building site shown on Parcel 2 of the preliminary Parcel Map. The application may also need to be coupled with a request to modify the conditions of approval for Tract 7761 to allow for further subdivision within the Tract, although this is not definitely known at this point. I hope this helps to clarify matters for you. Upon your review, please call me to discuss any concerns or questions you may have. The City is interested in seeing the drainage diversion completed as soon as possible so we can begin processing the various applications. I look forward to working cooperatively with you to achieve your objectives and the City's. Sincerely, a"V Larry I. Perlin Director of Public Works cc: Heber Teerlink James Walgren, AICP MEYERS, NAVE, RIBACK, SILVER & WILSON MICHAEL R. NAVE A PROFESSIONAL LAW CORPORATION STEVEN R. MEYERS ELIZABETH H. SILVER MICHAEL S. RIBACK GATEWAY PLAZA KENNETH WILSON 777 DAVIS STREET, SUITE 300 CLIFFORD F . CAMPBELL CLIFFO F MICHAEL F. RODRIQUEZ SAN LEANDRO, CALIFORNIA 94577 KATHLEEN FAUBION, AICP TELEPHONE: ( 510 ) 351 -4300 WENDY A ROBERTS . DAVID W. SKINNER FACSIMILE: (510) 351 -4481 STEVEN T. MATTAS RICK W. JARVIS LARISSA M. SETO OF COUNSEL ANDREA J.SALTZMAN MEMORANDUM (D SANTA ROSA OFFICE 555 FIFTH STREET, SUITE 230 SANTA ROSA, CA 95401 TELEPHONE: (707) 545-0009 FACSIMILE: (707) 545-6617 TO: Larry I. Perlin, City Engineer DATE: August 4, 1995 City of Saratoga FROM: Michael S. Riback City Attorney RE: Mount Eden Estates Easement Abandonment I have reviewed Government Code § §51093 and 51094, as they may relate to the abandonment of various easements on Lot 18 of Mount Eden Estates Subdivision. These Government Code Sections are part of the Open Space Easement Act of 1974 and basically authorize the abandonment of open space easements upon petition by the land owner and after conducting a public hearing before the planning commission and making certain specif ed findings. These provisions also require the payment of an "abandonment fee" to the County Treasurer, similar to the Williamson Act cancellation fee. A copy of § §51093 and 51094 are attached for your information. When I return from vacation lets discuss this matter further (perhaps on August 16). MSR:rja Attachment J:\WPD\MNRSW\273\LTR\AUG95\EASEMENT.W61 Title 5 which 1977, c. 1 962 et er organi - nt, that nt. upon renewal otice is m -space i 51081. city, or written onprofit -ithdraw 1.1977, c. Of non- ndowner ace ease - t for the n or the :x.1977, C. 1 I l Div. 1 OPEN -SPACE EASEMENT ACT OF 1974 § 51093 Historical Note The 1977 amendment substituted "coun- ty, city, or nonprofit organization" for "county or city ". § 51093. Petition to governing body for abandonment; approval by resolution; findings and other conditions; fee (a) The landowner may petition the governing body of the coun- ty or city for abandonment of any open -space easement or in the case of an open -space easement granted to a nonprofit organization pursu- ant to this chapter, for approval of abandonment by such organiza- tion, as to all of the subject land. The governing body may approve the abandonment of an open -space easement only if, by resolution, it finds: (1) That no public purpose described in Section 51084 will be served by keeping the land as open space; and (2) That the abandonment is not inconsistent with the purposes of this chapter; and (3) That the abandonment is consistent with the local general plan; and (4) That the abandonment is necessary to avoid a substantial fi- nancial hardship to the landowner due to involuntary factors unique to him. No resolution abandoning an open -space easement, or approving the abandonment of an open -space easement granted to a nonprofit organization pursuant to this chapter, shall be finally adopted until the matter has been referred to the county or city planning commis- sion, the commission has held a public hearing thereon and furnished a report on the matter to the governing body stating whether the abandonment is consistent with the local general plan and the govern- ing body has held at least one public hearing thereon after giving 30 days' notice thereof by publication in accordance with Section 6061 of the Government Code, and by posting notice on the land. (b) Prior to approval of the resolution abandoning or approv- ing the abandonment of an open -space easement, the county assessor of the county in which the land subject to the open -space easement is located shall determine the full cash value of the land as though it were free of the open -space easement. The assessor shall multiply such value by 25 percent, and shall certify the product to the govern- ing body as the abandonment valuation of the land for the purpose of determining the abandonment fee. (c) Prior to giving approval to the abandonment of any open - space easement, the governing body shall determine and certify to the 503 § 51093 CITIES AND COUNTIES Title 5 county auditor the amount of the abandonment fee which the land- owner must pay the county treasurer upon abandonment. That fee shall be an amount equal to 50 percent of the abandonment valuation of the property. (d) Any sum collected pursuant to this section shall be transmit- ted by the county treasurer to the State Controller and be deposited in the State General Fund. (e) An abandonment shall not become effective until the aban- donment fee has been paid in full. (Added by Stats.1974, c. 1003, p. 2154, § 2. Amended by Stats.1977, c. 1178, p. 3861, § 13.) Historical Note The 1977d amendment inserted "or in the case of an open -space easement granted to a nonprofit organization pursuant to this chapter, for approval of abandonment by such organization," in the first sen- tence of subd. (a) ; inserted ", or approv- ing the abandonment of all open -space easement granted to a nonprofit organiza- tion pursuant to this chapter," in the sec- ond paragraph of subd. (a) : and inserted "or approving the abandonment of in the first sentence of subd. (b). Cross References Corporate income tax, Abandonment fee adjustment prohibited, termination of open -space easement, see Revenue and Taxation Code 124916.2. Disallowance of deduction for abandonment fees, termination of open -space ease- ments, see Revenue and Taxation Code § 24441. Personal income tax, Abandonment fee deduction, disallowed, see Revenue and Taxation Code $ 17299-1- Abandonment fees adjustment prohibited, open -space easement termination, see Rev- enue and Taxation Code $ 18052.2. § 51094. Recordation of certified copy of resolution of abandon- ment Upon the recording in the office of the county recorder of a cer- tified copy of a resolution abandoning or approving the abandonment of an open -space easement and reciting compliance with the provi- sions of Section 51093, the land subject thereto shall be deemed re- lieved of the easement and the covenants of the owner contained therein shall be deemed terminated; provided, however, that no certi- fied copy of any resolution abandoning or approving the abandon- ment of an open -space easement shall be recorded until the abandon- ment fee has been paid in full. (Added by Stats.1974, c. 1003, p. 2154, § 2. Amended by Stats.1977, c. 1178, p. 3862, § 14.) Historical Note The 1977 amendment inserted "or ap- proving the abandonment of" in two places. 504 I Title 5 the land - That fee valuation transmit- deposited the aban- ats.1977, c. z open -space ofit organiaa- , in the sec - and inserted ant of" in the easement, see !n -apace ease- ode f 17299.1. ition, see Rev- of abandon- .er of a cer- )andonment the provi- deemed re- r contained lat no certi- ie abandon - he abandon- Div. 1 OPEN -SPACE EASEMENT ACT OF 1974 § 51096 Article 5 EMINENT DOMAIN AND OTHER PROVISIONS sec. 51095. Termination of easement at time of filing of complaint in condem- nation; right to compensation. 51096. Open -space easement deemed enforceable restriction. 51097. Right or power of city or county to purchase or acquire property to preserve open space. Article 5 was added by Stats.1974, c. 1003, P. 2151, § 2. Historical Note Prospective application of Stats.1974, c. 1003, p. 2153, see Historical Note under $ 16142. United States Code Annotated Open space land, see 42 U.S.C.A. f 1500 et seq. § 51095. Termination of easement at time of riling of complaint in condemnation; right to compensation If any land or a portion thereof as to which any city or county has accepted or approved an open -space easement pursuant to this chapter is thereafter sought to be condemned for public use and the easement was received as a gift without the payment of any compen- sation therefor, the easement shall terminate as of the time of the fil- ing of the complaint in condemnation as to the land or portion there- of sought to be taken for public use, and the owner shall be entitled to such compensation for the taking as he would have been entitled to had the land not been burdened by the easement. (Added by Stats.1974, c. 1003, p. 2154, § 2. Amended by Stats.1977, c. 1178, P. 3863, § 15.) Historical Note The 1977 amendment inserted "or ap- proved" and "pursuant to this chapter ", and substituted "the easement was receiv- ed as a gift" for "the county or city re- ceived the easement as a gift ". Prospective application of Stats.1974, c. 1003, p. 2153, see Historical Note under 1 16142. 3tats.1977, c. f f Library References Eminent Domain 4=4L C.J.S. Eminent Domain 163. § 51096. Open -space easement deemed enforceable restriction Lands subject to the grant of an open -space easement executed and accepted in accordance with this chapter shall be deemed to be 505 V - P 0 i 1 PAGE0025 RECORDING REQUESTED BY: City Clerk LG City of Saratoga Civic Center, 13777 Fruitvale Avenue Saratoga, CA 95070 AND WHEN RECORDED MAIL TO: City Clerk City of Saratoga NO FEE ► �� ..y' Civic Center, 13777 Fruitvale Avenue Saratoga, CA 95070 RESOLUTION 95- 41 `FILE^ Fig AT CITY OF SARATOGA Nor 2 1108 AN , J5 u;721AL " "OROS C' COON Y L. E- vAVIS -!�:, ,r.r•- 1307 8� 59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ABANDONING VARIOUS OFFERS OF DEDICATION OF EASEMENTS AND ACCEPTING MODIFIED OFFERS OF DEDICATION OF EASEMENTS ON LOT 18 OF TRACT 7761 APN: 503 -78 -018 Address: Vi 11 a OgkG Tani- (41arry load) WHEREAS, a subdivision map for Tract 7761, known as Mount Eden Estates, was recorded in the office of the County Recorder for the County of Santa Clara on December 4, 1986, in Book 567 of Maps, at Pages 48, 49 and 50; and WHEREAS, an Amended Tract Map for Tract 7761 was recorded in the Office of the County Recorder for the County of Santa Clara on August 21, 1989, in Book 604 of Maps, at Pages 42, 43 and 44; and WHEREAS, said maps contain offers of dedications of various easements to the City of Saratoga ( "City ") over portions of Lot 18 including a Scenic, Trail and Drainage Easement, a Trail Easement, and a Slope Easement; and 1 P0 i ?AGE 0026 WHEREAS, the City has not previously accepted the aforementioned easements offered for dedication on said maps; and WHEREAS, California Government Code Section 66477.2(c) states that offers of dedication which have not been accepted may be terminated and abandoned in the same manner as prescribed for the summary vacation of streets by Chapter 4 of Part 3 (commencing with Section 8330) of Division 9 of the California Streets and Highways Code; and WHEREAS, the current owner of Lot 18 has requested the City to vacate the offers of dedication of all of the aforesaid easements except for that of the Slope Easement, and to accept the dedication of modified easements; and WHEREAS, the City has determined that the easements as originally offered for dedication on the recorded maps for Tract 7761 except for the Slope Easement, constitute excess areas which are not required for the purposes of such easements and that the easements as modified and offered for dedication, more accurately reflect the purposes intended to be served by such easements, in terms of both type and location of such modified easements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga as follows: 1. Those easements offered for dedication on Lot 18 of Tract 7761 as described in Exhibit "A" attached hereto and made a part hereof, and shown as "Existing Scenic, Trail and Drainage Easement and Existing Trail Easement" on the drawing attached hereto as Exhibit "B" and made a part hereof, are hereby vacated pursuant to the authority of Chapter 4 of Part 3 (commencing with Section 8330) of Division 9 of the California Streets and Highways Code, and that from and after the date this resolution is recorded, such easements on Lot 18 of Tract 7761 shall no longer constitute easements offered for dedication. 2. Those easements as modified and offered for dedication on Lot 18 of Tract 7761 as described in Exhibit "C" attached hereto and made a part hereof, and shown as "Scenic Easement; Storm Drainage Easement; and Pedestrian & Equestrian Easement" on the drawing attached hereto as Exhibit "D" and made a part hereof, are hereby accepted and that from and after the date this resolution is recorded, such easements offered for dedication shall constitute easements as accepted by the City of Saratoga. 2 P07 i PAGE 0027 3. The Slope Easement on Lot 18 offered for dedication on the recorded maps of Tract 7761 is hereby accepted and that from and after the date this resolution is recorded, said easement offered for dedication shall constitute an easement as accepted by the City of Saratoga. 4. The City Clerk is directed to deliver a certified copy of this Resolution to the Recorder of Santa Clara County for recording. Passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 20th day of September , 1995 by the following vote: Ayes: Councilmembers Burger, Moran, Wolfe and Mayor Jacobs NOES: None Councilmember Tucker ABSENT: ATTEST: City Clerk September 15, 1995 1: \WPD\MNRSW\273\RES95 \TRAC7761. W 61 M yor 3 P 0 7 1 PAGE0028 EXHIBIT A 1. All of that area shown and designated as "Scenic, Trail and Drainage Easement" on Lot 18 as said lot appears on the Map of Tract 7761 (Mount Eden Estates Subdivision) recorded in the office of the County Recorder for the County of Santa Clara on December 4, 1986, in Book 567 of Maps, Pages 48, 49 and 50, and on the Amended Map of Tract 7761 recorded in the Office of the County Recorder for the County of Santa Clara on August 21, 1989, in Book 604 of Maps, Pages 42, 43 and 44. 2. All of that area shown and designated as "Trail Easement" on Lot 18 as said lot appears on the Amended Map of Tract 7761 recorded in the office of the County Recorder for the County of Santa Clara on August 21, 1989, in Book 604 of Maps, Pages 42, 43 and 44. W, : SCALE: 1' = T W Vi LANDS OF C COM ARD► K' 7-/44 _ TRA/c. F'ASE#I ENT 70 35 ASA,1lDo�/ED TRAIL AND PRAIA/A65 Ie EASE!►9E�/T ?b 8E Aa4 DvAlEp o h fir+ kc �fjQOy _.- N3Z 29bi w - . Av.!j a S- •Aro ~ •- td',�R• / AAW �ilA/NAGE ESNs iE C7 • �" l�•w 20�- ,� N _ LOT .as r •� . -- 'mss''•` ` Z r'��� s {-o T L /�s/rs AF IA �1N /. 79.7 Ac. ANDARAIv4se Z ti ( r► • sc r.4w A+c. s-o LOT e •i!•riG'23• i �7s / tL DBE s•�rr Jc .!70oB'2.S-'o, !/. x4S'021 o7 E 104 .01 Af loe C. �y LOT 3 �• '1 o/d Ac. 1hp n R7CORDr—WS KIEMO EX�sTi�vE, 5"PZ E43EMEA17- FAINT VYR!TING, TYPING, CARBON 70 REM.4 /A/ P 0 -7 1 PAGE 0030 EXHIBIT "C" OFFER TO DEDICATE EASEMENT FOR STORM DRAINAGE AND CONTROL For valuable consideration, the undersigned owners of the hereinafter described real property, hereby warranting that they constitute all of the owners thereof, for themselves, their heirs, successors and assigns, hereby irrevocably offer to dedicate to the City of Saratoga, a Municipal Corporation, and easement for storm water drainage and control under, over, and across that certain real property situated in the City of Saratoga, county of Santa Clara, State of California. Said property is more particularly described as follows: Beginning at a point on the northerly rights of way line of Villa Oaks Lane, said point being the corner of lots 17 and 18, as shown on the Amended Tract Map of Tract 7761, Mount Eden Estates and recorded in Book 604, at Pages 42 through 44, Santa Clara County; thence along the boundary between Lots 17 and 18 North 24 Degrees 09 Minutes 48 Seconds East a distance of 70.64 feet to the true point of beginning; thence South 61 Degrees 27 Minutes 39 Seconds East a distance of 218.94 feet; thence North 20 Degrees 16 Minutes 34 Seconds East a distance of 38.94 feet; thence North 46 Degrees 24 Minutes 43 Seconds West a distance of 128.92 feet; thence North 62 Degrees 29 Minutes 15 Seconds West a distance of 183.19 feet; thence South 34 Degrees 21 Minutes 53 Seconds East a distance of 104.13 feet; thence South 24 Degrees 09 Minutes 48 Seconds West a distance of 21.36 feet to the true point of beginning. The undersigned understand that the within offer can only by accepted by resolution of the city Council of the City of Saratoga, and recordation of this instrument shall not and will not constitute acceptance of the within offer to dedicate. this offer be irrevocable and shall be binding upon our heirs, - personal representatives, successors and assigns. The plural as used herein shall include the singular, and the singular shall include the plural. Executed this day of .S�,o��,,,,�a,� , 1995. ee �/� 0' The Thomas E. Burke & Hope F. Burke 1985 Trust PAGE 1 r p o I PAGE 003 I STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA ) On the 14th day of September, 1995, before me, Grace E. Cory, Deputy City Clerk, personally appeared T. E. Burke, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted executed the instrument. Witness my hand and official seal of the City of Saratoga. Grace E. Cory, De uty City Clerk Gov. Code 40814 p011pAG 0032 OFFER TO DEDICATE EASEMENT FOR STORM DRAINAGE AND CONTROL For valuable consideration, the undersigned owners of the hereinafter described real property, hereby warranting that they constitute all of the owners thereof, -for themselves, their heirs, successors and assigns, hereby irrevocably offer to dedicate to the City of Saratoga, a Municipal Corporation, and easement for storm water drainage and control under, over and across that certain real property situated in the City of Saratoga, county of Santa Clara, State of California. Said property is more particularly described as follows: Beginning at the most northerly corner of Lot 18 as shown on the amended subdivision map for Tract 7761, Mount Eden Estates, and recorded in Book 604, Pages 42 through 44 Santa Clara County records; thence along the northerly boundary line South 56 Degrees 38 Minutes 33 Seconds West a distance of 101.24 feet to the true point of beginning of the 20 -feet wide storm drain easement; thence along the centerline of said easement South 55 Degrees 56 Minutes 04 Seconds East a distance of 80.92 feet; thence South 42 Degrees 53 Minutes 13 Seconds East a distance of 93.55 feet, thence South 15 Degrees 48 Minutes 06 Seconds West a distance of 77.05 feet; thence South 35 Degrees 33 Minutes 12 Seconds West a distance of 325.95 feet to the northerly limit of storm drain easement recorded in Book , Page Santa Clara county Official Records, and terminus of this description. The undersigned understand that the within offer can only by accepted by resolution of the city Council of the City of Saratoga, and recordation of this instrument shall not and will not constitute acceptance of the within offer to dedicate. this offer be irrevocable and shall be binding upon our heirs, personal representatives, successors and assigns. The plural as used herein shall include the singular, and the singular shall include the plural. Executed this day of S�,o�` •� -,,�i 995. The Thomas E. Burke & Hope F. Burke 1985 Trust PAGE 2 p 0 ? 1 PAGZ0033 STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA ) On the 14th day of September, 1995, before me, Grace E. Cory, Deputy City Clerk, personally appeared T. E. Burke, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted executed the instrument. Witness my hand and official seal of the City of Saratoga. Grace E. Cory, Dep y City Clerk Gov. Code 40814 p o I PAGE 0034 OFFER TO DEDICATE THE PUBLIC A PEDESTRIAN & EQUESTRIAN EASEMENT For valuable consideration, the undersigned owners of the hereinafter described real property, hereby warranting that they constitute all of the owners thereof, for themselves, their heirs, successors and assigns, hereby irrevocable offer to dedicate to the city of Saratoga, a Municipal corporation, the use forever of a Pedestrian & Equestrian Easement under, over, and across that certain real property situated in the City of Saratoga, county of Santa Clara, State of California. Said property is more particularly described as follows: Beginning at a point on the northerly rights of way line of Villa Oaks Lane, said point being the corner of lots 17 and 18, as shown on the Amended Tract Map of Tract 7761, Mount Eden Estates and recorded in Book 604, at Pages 42 through 44, Santa Clara County; thence along said northerly rights of way South 69 Degrees 50 Minutes 13 Seconds East a distance of 26.04 feet to the true point of beginning of the 15 -feet wide easement; thence along the centerline of said easement thence South 69 Degrees 50 Minutes 13 Seconds East a distance of 26.04 feet; thence North 24 Degrees 09 Minutes 48 Seconds East a distance of 137.79 feet; thence North 42 Degrees. 08 Minutes 49 Seconds West a distance of 361.43 feet; thence North 29 Degrees 45 Minutes 23 Seconds West a distance of 37.00 feet; thence South 73 Degrees 16 Minutes 05 Seconds West a distance of 139.23 feet to the westerly boundary of Lot 18 and terminus of this description.' The undersigned understand that the within offer can only by accepted by resolution of the city Council of the City of Saratoga, and recordation of this instrument shall not and will not constitute acceptance of the within offer to dedicate. this offer be irrevocable and shall be binding upon our heirs, personal representatives, successors and assigns. The plural as used herein shall include the singular, and the singular shall include the plural. Executed this day of S �,o,�c ir,,6��- , 1995. The Thomas E. Burke & Hope F. Burke 1985 Trust PAGE 3 Po��Q���0035 STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA ) On the 14th day of September, 1995, before me, Grace E. Cory, Deputy City Clerk, personally appeared T. E. Burke, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted executed the instrument. Witness my hand and official seal of the City of Saratoga. Grace E. Cory, Depu City Clerk Gov. Code 40814 4 P o 1 1 p4GE0036 OFFER TO DEDICATE SCENIC EASEMENT For valuable consideration, the undersigned owners of the hereinafter described real property, hereby warranting that they constitute all of the owners thereof, for themselves, their heirs, successors and assigns, hereby irrevocably offer to dedicate to the city of Saratoga, a Municipal ,corporation, a scenic easement to be kept open and free from buildings and structures of any kind except irrigation lines, landscaping, public utility lines, storm and sanitary sewer lines, under, over and across that certain real property situated in the City of Saratoga, county of Santa Clara, State of California; more particularly described as follows: Beginning at the most westerly corner of Lot 18 as shown on the amended subdivision map for Tract 7761, Mount Eden Estates, and recorded in Book 604 of Maps at Pages 42 through 44 Santa Clara County Records; thence along the northerly boundary line of Lot 18 North 51 Degrees 36 Minutes 48 Seconds East a distance of 201.72 feet; thence South 87 Degrees 40 Minutes 04 Seconds East a distance of 341.64 feet; thence North 56 Degrees 38 Minutes 33 Seconds East a distance of 82.16 feet; thence leaving said northerly boundary line South 55 Degrees 56 Minutes 04 Seconds East a distance of 80.92 feet; thence South 42 Degrees 53 Minutes 13 Seconds East a distance of 93.55 feet; thence South 15 Degrees 48 Minutes 06 Seconds West a distance of 77.05 feet; thence South 35 Degrees 33 Minutes 12 Seconds West a distance of 65.28 feet; thence North 58 Degrees 34 Minutes 37 Seconds West a distance of 160.70 feet; thence North 88 Degrees 09 Minutes 56 Seconds West a distance of 192.41 feet; thence South 20 Degrees 01 Minutes 34 Seconds West a distance of 71.77 feet; thence South 13 Degrees 11 Minutes 07 Seconds West a distance of 70.00 feet to the westerly boundary of said Lot 18; thence along the westerly boundary of said lot North 34 Degrees 21 Minutes 53 Seconds West a distance of 120.00 feet; thence North 81 Degrees 14 Minutes 09 Seconds West a distance of 204.53 feet to the point of beginning. The undersigned understands that the within offer can only by accepted by resolution of the City Council of the City of Saratoga, and recordation of this instrument shall not and will not constitute acceptance of the within offer to dedicate. this offer shall be irrevocable and shall be binding upon our heirs, personal representatives, successors and assign. the plural as used herein shall include the singular, and the singular shall include the plural. Executed this 14G day of S� •, -f995. The Thomas E. Burke & Hope F. Burke 19AS Trust PAGE 4 po, �PhGE0031 STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA ) On the 14th day of September, 1995, before me, Grace E. Cory, Deputy City Clerk, personally appeared T. E. Burke, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted executed the instrument. Witness my hand and official seal of the-City of Saratoga. Grace E. Cory, Deldity City Clerk Gov. Code 40814 N P- "1 t PpGE0038 o0 0&i"1YQ)0Z /Uo FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 868 -1200 COUNCIL MEMBERS Stan Bogosian Paul E. Jacobs Gillian Moran Jim Shaw Donald L. Wolfe E � . 5 4� .s • . N29' 45' 23 "W RC's 37.00 ' SCENIC EASEMENT .S 5�u 13 �o .BB_02' 6 " 1✓ L2 41 • O ° ; 71:77 �o "� �• t� �0.�y� Z o. �' p • S 13 11 07 .. W • a. G�cf� 70. 00' 01h Z N 6. 26. 0h •J. R=181 vj� d= 9'45'15" L= JO. 93' S WESTFALL ENGINEERS, INC. �'9NF SARA T0,'A CALIFORNIA EXHIBI T ~D ff nted on recycled paper LOT 18, TRACT 7751 v '9 z o� s a Z�9 6 OT /6 ry N 4�1 i05� O � nk1 ro do 5 s0'¢¢ '22 'E S3 '' 2`s, 7 o8 .s X 45' 21 "a7 "E 1 MT. EDEN ESTATES SUBDIVISION NEED FOR TRAIL IMPROVEMENTS HISTORY: Mt. Eden Estates is a 23 lot subdivision located in the Northwest Hillside area of Saratoga. It is almost completely built out. See map attached. A trail easement through the subdivision was dedicated to the City. This trail easement is listed in the Parks and Trails Master Plan, 1991 as segment #9. As part of the subdivision requirements, this trail was supposed to be improved by grading, sloped for drainage and an all weather surface laid down. Unfortunately, this has never been done. We respectfully request at this time that the work for the trail improvements be done. Please review the following Exhibits that would support these improvements and give a history of correspondence relating to the trail improvements: A. 2 -13 -80 Report to planning commission requesting Tentative map approval is given. Under VII. Specific conditions, Community Services, it is a requirement that the developer dedicate a 15' trail easement and improve it prior to issuance of building permits B. 10 -8 -86 SD -1356, Landscape Plans, documents type of trail and grading needed C. 1 -24 -90 Letter from Bill Brooks to Steve Emslie, city planner documenting the status of the trail improvements up to that date. To date, 9- 22 -98, the items in this letter have not changed. NOTHING has been done to change any of the items and concerns in this letter. D. 3 -6 -90 Memo to Planning dept. from Parks and Rec. Comm. responding to Mr. Brooks letter above, and since the developer wanted to re -align the lot line for Lot 18, it was agreed by the developer that he would install and all- weather surface on the trails in exchange for the Lot line adjustment. To date, 9- 22 -98, the lot line adjustment was given and we still have NOTHING done to the trails. E. 7 -90 Memo to Bill Brooks from Dan Trinidad regarding status of trails F. 11 -26 -90 Memo to Larry Perlin from Dan Trinidad informing Larry that the trail improvements have still not been done. G. early 1991? Memo to Mike Riback, city Attorney, from Larry Perlin informing Mike that Final Map conditions have not been met. Specifically regarding trails, that the improvements have not been done H. 11 -91 Copy of Trail System Provision from the Parks and Trails Master Plan requiring developers to improve trails. I. 2 -92 Petition to the Mayor and City Council from Cindy Cline requesting that the council do something about trails in Saratoga. J. 2 -26 -92 Report to Parks and Rec. regarding the need for trails and how to handle the problems as well as a history of the trails. K. 3 -2 -92 Agenda from Parks & Rec. making a motion that the City Council should consider policy to require that completion and inspection of all trails be required before any certification of Occupany be issued within a development. It further requests from engineering a complet report on the status of trils and improvements within the Mt. Eden Estates Subdivision L. 3 -6 -92 Memo to Larry Perlin from Parks & Rec. requesting a report from Larry on the status of completion of trails in the Subdivision M. 3 -6 -92 Memo to Mayor & City Council from Parks & Rec. requesting the city to establish a policy of requiring completion of all trails prior to occupancy. N. 3 -18 -92 City Council Agenda, under Old Business, Item C. report from Maintenence director, Bill Brooks support completion of trails prior to Cof O. refer to staff for proposal on getting trails done. O. 7 -21 -92 Letter from Bill Brooks to Director of Maintenance requesting status of trail improvements P. 9 -25 -92 Memo to Michael Riback, City Attorney from Larry Perlin, City Engineer regarding set - aside account and sending a letter demanding that the developer finish the improvements required prior to signing off on Construction Acceptance. Q. 10 -6 -92 Letter from Michael Riback to Thomas Burke, Harbor Builder, developer demanding among other things, that he complete the trail improvements R. 12 -9 -92 Memo to Planning director from Larry Perlin, City Engineer. This was a trail Development Checklist to be used to make sure trails are improved where needed. It was directed that it be used in all planning files. S. 2 -18 -93 Memo to James Walgren from Parks & Rec. Although this does not pertain to this subdivision, this is a sample of what is put into a planning file when trails are needed and stating that trails must be completed prior to occupancy. We have been unable to locate any memos of this type for this subdivision. T. 9 -13 -93 Letter from Larry Perlin signing off that the developer no longer has any further obligations to the city because of the repairs done to Quarry creek. The trails improvement requirements seems to have been forgotten. U. 6 -6 -98 Letter to City from Teri Lynn Baron requesting trail improvements be done prior to occupancy of lots 18 and 23. V. 7 -6 -98 Letter to City from Teri Lynn Baron requesting trail improvements be done priot to occupancy of Lot 11 W. 8 -24 -98 Letter to City from Teri Lynn Baron again requesting proper trail improvements to Lot 18 X. undated Tract Map showing approximate location of trail easements, location of bridges that need to be put in, lots built on already and lots currently being built on. In addition, it located where the developer did some grading to the trail along an old jeep trail, but never put any surface tread on it and also did not grade for erosion control or water run -off. c C�Bys� of OC�G°� REPORT TO PLANNING COMMISSION Draft Written 1/3/80 City of Saratoga rev. 1/9/80 ** Appr,OVED CY:_ V rev. 1/18/80 * ** � V rev. DATE: 2/7/80 DATE: * * ** commission Meeung: 2/13/80 INITi,.LS: rev. 2/13/80 * * * ** SUBJECT SD -1356 Anthony Cocciardi, Mt. Eden Road, Tentative Map Approval - 23 Lots. rn JECT DESCRIPTION: The applicant is requesting tentative map approval for a 43.19 acre parcel in the 8C -RD zoning district. Generally the site is characterized by steep hillside topography with an average slope of 235. Numerous landslide deposits are present as geologic conditions which constrain the development of the property: 1) orientation and inclination of the bedrock; and 2) potential slope instability. The City Geologist has approved the map for Commission Tentative :lap Approval. Access for the site as proposed is to be a loop public road system fror.. Mt. Eden Road with a cul -de -sac of Quarry Road at the eastern end of the property and with an extension into Lands of Thonas which may eventually connect with Via Regina. A 50' right -of -way to the lands to the north is offered on the Tentative Map and is conditioned for improvement. The nuarry Road cul -de -sac will require an exception from the Subdivision Ordinance, Section 13.3 -4, since it is over 400 _feet in length. * * ** Geoloaical features, details of corrective grading and open space easensents are now shown on the Tentative Map. The proposed lots range from 1.0 to 5.2 acres in size with the required depths, widths, and frontages. PROJECT STATUS: An Environmental Impact Report was certified by the Planning Commission as adequate on June 13, 1979. A Notice of Determination will be filed with the County of Carta Clara Record- er's Office when this project is approved. * * ** FINDINGS: Said project complies with all objectives of the 1974 General Plan, and all requirements of the Zoning and Subdivision Ordinances of the City of Saratoga. The Planning Commission is responsible for making the necessary findings according to Section 21081 of the California Environmental Quality Act. The Commission must make one or more of the following findings with Exhibit "D ", in addition to previous findings. (a) Changes or alterations have been required in, or incorporated into, such project which mitigate of avoid the significant environmental effects thereof as identified in the conpleted environmental impact report. (b) Such changes or alterations are within the responsibility and jurisdiction of another public agency and such changes have been adopted by such other agency, or can and should be adopted by such other agency. E � 1 Report to Planning Cc fission 1 2/7/80 SD -1356 Cocciardi Page 2 =1 s (c) Specific economic, social, or other considerations make infeasible the mitigation and measures of project alternatives identified in the environmental impact report. The Staff Report will recommend approval of the tentative map for SD -1356 (Exhibit "B -8" filed February 7, 1980) subject to the following conditions: I. SPECIFIC CONDITIONS - DEPARTMENT OF PUBLIC WORKS A. Standard Engineering Conditions dated April 11, 1977. * ** B. Street improvements on 50 -foot right -of -way to be 26 feet. (Improvements may be altered per approval of the Planning Commission prior to Final Map Approval.)- * * ** C. Improve Quarry Road to "Minimum Access Road" standard from proposed turn around at Lot 1 to Pierce Road. (Note: At present Quarry Road from Vaquero Court to Pierce Road meets this condition.) D. Improve secondary access road from Cocciardi Ct. to Mt. Eden Road to Minimum Access Road (developer is to enter into "Deferred Improvement Agreement" to pay pro rata share of the cost of improving this road to "City Street Standards "). *'* E. 50' right -of -way through Lot 19 is to be improved to "City Street Standards ". Submit an offer of dedication for an easement for a minimum access road running from public street on Lot 19 to northerly boundary. F. Provide adequate sight distance at all driveway and street inter- sections as approved by the Director of Public Works. r" G. The "Structural Section" of the roadbed of all streets is to be 125% of the "Gravel Equivalent" as determined by standard design practice. All requirements of Exhibit "D" are to be followed as they apply to roadway design and construction operations and pro- cedures. H. Construct storm line as per Master Drainage Plan and as directed by the Director of Public Works. I. Comply with all storm drainage, siltation, and erosion control measures required in Exhibit "D" including but not limited to the provisions for energy dissipaters and siltation basins. II. SPECIFIC CONDITIONS - DEPARTMENT OF INSPECTION SERVICES A. A final geotechnical report for the subdivision shall be submitted and approved prior to final map approval. Report shall include pavement design parameters. All conditions of the City Geologist shall be met. B. Soil and foundation reports required for each lot. Soils engineer shall review plans for all proposed on -site work and structures for siting, grading, drainage, foundation structures and erosion control. Any geotechnical corrective measures for lots shall be addressed. Letter from soils engineer certifying he has done this review and that the plans are consistent with the geotechnical report is required prior to issuance of building /grading permits. * * ** C. Surface drainage on plan as shown is not approved. Detailed on- site improvement plans required for each lot prior to issue of building /grading permits. Plan shall include: 1. Grading (limits of cuts and fills; slope rates; cross - sections; existing and proposed elevations; and earthwork quantities). l .. Yr+ Report to Planning CC,._:lssion SD -1356 Cocciardi 2/7/80 Page 3 2. Drainage details (conduit type, slope, outfall location, etc., Subsurface drainage shall be considered). Private storm drain easements may be required prior to final map .approval. 3. Retaining structures (by licensed designer). 4. Erosion control measures. D. Soils engineer shall inspect and approve all excavation and grading operations. A written report of that is to be submitted to the City prior to final inspection of all structures. Report shall include accurate "as- built" information including foundation soil typeft/ locations and dimensions of foundation structures. E. No grading shall be undertaken after September 30 and before May 1. Excavations shall be winterized prior to November 1. F. All grading is to be sloped and contoured. to match existing terrain. Cut and fill slopes shall be no steeper than 3:1 except as specifi- cally approved by City. G. Single Family Dwellings to be equipped with security and fire detection devices required by City. H. All existing structures, debris and improper grading shall be ' corrected or removed. I. Abandoned quarry is to be reclaimed as necessary to provide slope stability, runoff and erosion control as approved by City. J. Private utility structures to be constructed so as not to be a detriment to slope stability. ** K. Construction traffic required for subdivision and lot improvements shall not use Quarry Road. If used it shall be repaired to condition as it existed prior to construction. * * ** L. CCSR's and Open Space Maintenance Agreement shall contain require- ments for Homeowners Maintenance Association to preserve and maintain open space, emergency gate, and off -site minimum access road in good condition to prevent and correct erosion, runoff and/ or slope stability problems. III. SPECIFIC CONDITIONS - CUPERTINO SANITARY DISTRICT A. Sanitary sewers to be provided and fees paid in accordance with requirements of Cupertino Sanitary District as outlined in letter dated February 21, 1978. B. Annex property to Cupertino Sanitary District prior to Final Approval. IV. SPECIFIC CONDITIONS - SARATOGA FIRE DEPARTMENT 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 shown on the building plan. (City Ordinance 38.58 and Uniform Fire Code, Appendix E). B. Construct driveway 14 feet minimum width, plus one -foot shoulders using double seal coat oil and screening or better on 6 inch aggre- gate base from public street or access road to proposed dwelling. Slope driveway shall not exceed 12h% withoug adhering to the following: C� ."M Report to Planning CG_ssion 2/7/80 SD -1356 Cocciardi Page 4 ' t 1 1. Driveways having slopes between 12h9 to 159 shall be surfaced using 2h" of A:C. on 6 inch aggregate base. 2. Driveways having slopes between 159 to 1759 shall be surfaced using 4" of P.C.C. concrete rough surfaced on 4 inch aggregate base and shall not exceed 50 feet in length. 3. Driveways with greater slopes or longer length will not be accepted. —� C. Construct a turnaround at the proposed dwelling site having a 32' inside radius. Other approved type turnaround must meet requirements of the Fire Chief. Details. shall be shown on building plans. D. Driveway shall have a minimum inside curve radius of 42 feet. E. Provide a parking area for two (2) emergency vehicles at proposed building site, or as required by Fire Chief. Details shall be shown on building plans. F. Extension of existing water system adjacent to site is required for fire protection. Plans to show location of water mains and fire hydrants. G. Proposed dwelling must have a minimum recognized water supply capable of delivering 1,000 gallons per minute for 2 hours. This is based upon the Insurance Service Office grade for determining a required Fire Flow to maintain a Grade Five (5) rating. Minimum required fire flow for the subject facility shall be 1,000 gallons per minute from any three hydrants flowing with 20 psi residual. H. Provide 15 foot clearance over the road or driveway (vertical) to building site. Remove all limbs, wires or other obstacles. I. Developer to install 7 hydrants that meet Saratoga Fire District's specifications and deposit $1,365.00 to cover hydrant rental for a period of five (5) years. Hydrants to be installed and accepted prior to issuance of building permits. J. Developer to deposit a fee of $10.00 per hydrant for a total of $70.00 prior to issuance of building permits. * * ** K. Provide emergency access gate(s) as required by Saratoga Fire Department prior to issuance of building permit. * * ** L. Driveways to be reviewed and approved by Saratoga.Fire Department prior to Final Map Approval. V. 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 Cupertino Sanitary District. Prior to final approval, an ade- quate 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. VI. 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 Santa Clara Valley Water District for review and approval. VII. SPECIFIC CONDITIONS - COMMUNITY SERVICES _t A. Dedicate 15' trail easement and improve as approved by Parks and Recreation Commission (in conjunction with public right -of -way where possible). Report to Planning Cc,_aission .1 ' SD -1356 Cocciardi 2/7/80 Page 5 B. Trail grading to be done by developer prior to issuance of building permit per requirements of Parks and Recreation Commission. to be comparatively level from side to side and unobstructed. Pathway * * ** C. Prior to issuance of building permits comply with criteria for the keeping of horses (to be established by the Planning Commission prior to Final Approval). VIII. SPECIFIC CONDITIONS - PLANNING DEPARTMENT A. Prior to final approval, submit CC&R's which state: 1. No recreational courts•a.re allowed. 2. Residences require Design Review Approval. Individual house design to be evaluated on the basis of compatibility with the physical environment and compliance with Site Development Plan. Complete plans for all on -site grading to be included in evaluation. All grading to be contoured so as to form smooth transitions.. All grading to be smooth transitions between natural and man -made slopes. 3. Fences, walls and hedges are allowed only per City of Saratoga's HC -RD Zoning District regulations - "proximate to the principal structure and in no event to enclose or encompass an area in excess of 4,000 square feet." ** 4. Pools on lots to be placed on slopes of thirty (30) percent or less and are subject to Staff Design Review to insure reasonable placement in relation to the site's physical characteristics and City planning criteria. Decisions of Staff may be appealed to the Planning Commission through the Design Review Process. F - �. * *: 5. No pool is to be placed on Lot 15 unless and except it is reviewed and approved by Planning Commission prior to issuance of building permits. Equestrian Trails are placed on Lots 18, 21, 22, 23, 24, 6 25. These CCSR's are not to be amended without written consent of the City of Saratoga and are enforceable by the City. B. Design Review Approval of all structures and landscaping required prior to issuance of permits, per HC -RD ordinance. C. Design Review Approval for the following is required prior to Final Subdivision Approval: 1. Treatment of trail easement. 2. Design of any retaining walls over 3 feet in height. * * ** 3. Landscaping for graded areas, with slopes of 2.5:1 or flatter and exceeding 20 feet in height (toe to top) or with slopes steeper than 3:1 and exceeding 10 feet in height (toe'to top), and landscaping for areas in which combustive vegetation is required to be removed. * * *. 4: Treatment of emergency access gate(s). * ** D. Site Development Plan .for each lot to be reviewed for conformance to Tentative Map and approved by Planning Commission prior to issuance of building permit. Any modifications shall be subject to Planning Commission approval. E- Comply with special architectural mitigation measures for the residences as previously approved by the Planning Commission prior to issuance of building permits. F. All cut and fill slopes shall be of such material as to fully sup- port landscaping. r =1 =�7 L •.: t _i 1 Report to Planning CG...lission ! SD -1356 Cocciardi 2/7/80 Page 6 G. No single retaining wall to be more than 5 feet in exposed face height. H. Cuts for driveways, visible from viewshed, shall be hidden behind houses and /or screened. 1. Applicant shall comply with Mitigation Measures attached and included on Tentative Map (Exhibit "D ", section (a). These Mitigation Measures are to be shown or stated on the improvement plans or Final Map prior to Final Map Approval. J. Scenic easements to be shown on Final Map per the following written statement: We hereby dedicate to the City of Saratoga easements for permanent open space on and over those certain areas designated as "Scenic Easement" on the written map, which are to be kept open and free from building and structures and other improvements (including ornamental landscaping, fencing and decks), but subject to the rights, limitations, powers and obligations as set forth on that certain Scenic Easement Agreement dated and which is being recorded concurrently herewith. K. Enter into Scenic Easement Agreement.with the City for the scenic easements prior to Final Map Approval. Neither the CC&R's nor the Scenic Easement Agreement are to be amended without the written consent of the City of Saratoga and they are to be enforceable by the City. L. Tree removal prohibited unless in accord with applicable City Ordinances. M. All street names to be checked and approved by County Communications prior to Final Map Approval. N. No access onto "Quarry Road" from Lots 12, 15, & 16. Approved: at y'Ker , Assistant P anner KK /clh ' P. C. Agenda: 2/13/80 F.-5f�atRq�iR''� DRAFT EXHIBIT "D" T SD -1356. (a) Changes or alterations have been required in, or incorporated into, such project which mitigate or avoid the significant environmental effects thereof as identified in the completed environmental impact report. GEOLOGY & SOILS The project geotechnical consultants should review and approve the final subdivision plans, the final location of each structure, final grading and foundation plans for each structure prior to construction, observe all earthwork operations, observe the subsurface conditions and pier and foot- ing excavations, and observe the installation of any subdrains and drains behind retaining walls. Conform with recommendations of City Geologist. Grading should conform to the objectives of the Grading Ordinance. Design surface drainage carefully to prevent concentrated surface.runoff from flowing over slopes. Provide positive drainage adjacent to all residential structures to direct surface water away from the foundations of all buildings into closed pipes that lead to suitable discharge facilities. Collect rainwater from roofs through gutters, downspouts and closed pipes to discharge facilities. Also, rainwater from roadway should be collected in lined ditches or along berms to suitable discharge facilities. Rearade incised gullys as required by project consultant to provide stability. All grading should be contoured so as to appear natural. Provide details of the corrective plans for the filling of the stream canyon and the stabilization of the roadway in the area of Lots 11, 12, and 13. The plans for the filling project should show the actual length of the stream canyon.that is to be filled, the lateral extent of the engineered fill, and "typical" transverse and longitudinal finished pro - fiies. The stabilization plan for the road alignment should be presented at construction scale, (20- scale) prior to Final Map Approval. See the Ecology section relative to the use of drought - tolerant landscap- ing (to avoid water saturation of ancient landslides). Plans for the channelization of watercourses should conform to the design principals of the City's General Plan. Rip -rap should be avoided. SEISMICITY Design all buildings according to the seismic design criteria in the 1976 Uniform Building Code. To reduce hazards further,-attach water heaters to building frameworks. Install manual shut -off valves for branch gas lines to reduce potential fire hazard. Use flexible conduit material for buried utility lines: Erosion and sedimentation of this and adjacent properties should be studied and corrective measures undertaken. ..l �•f f l' Draft Exhibit "D" Page 2 HYDROLOGY In order to reduce erosion and consequent siltation of the creeks, all grading should be done during the May - September dry period.* Revegetation of the site should be initiated as soon as possible following grading on any portion of the site but in no case should unvegetated graded areas be left exposed to the winter rains. All revegetation should be maintained and watered by the developer until well established. A landscape archi- tect should be retained to plan and supervise all revegetation. Long term maintenance of open space and landscaped areas should be assured by maintenance agreements with the Homeowners Association. Catch basins and silt basin should be provided at properly spaced intervals on the roads of the site to control the flow of water down them. Energy dissipaters should be provided for all conduit outfalls which carry runoff to the creeks. Drainage conduits from the proposed lots and from the roads should be constructed down to the creek channels and not be constructed to empty onto the ravine slopes. Erosion control measures should be provided along the creek channels where active scour of the channel and banks is occurring. A landscape architect and engineer should be retained to plan and supervise the necessary erosion control methods to the satisfaction of the Department of Public Works. Subdivision improvements should be designed so that downstream erosion and flooding situations are not aggravated. ECOLOGY Require that all developer - installed landscaping (e.g., street trees and hydromulching of graded areas) be plant species native to northern California. Require that lot buyers be provided with lists of native drought - tolerant landscaping species and of nurseries which can supply them. VISUAL AND AESTHETIC Require the applicant to recontour the back walls of the former quarry areas to approximate a natural land form. NOISE Require the applicant to repair the erosion gullies and establish a natural land form. See Traffic mitigation measures regarding the realignment of Cocciardi Road. Limit construction hours to between 8:00 a.m. and 5:00 p.m. from Monday to Friday. LA Mra Draft Exhibit "D" Page 3 LAND USE AND PLANNING Require the applicant to secure right -of -way across the private property which lies between the site and Mt. Eden Road. FIRE PROTECTION SERVICES Require the applicants to contribute financially to the cost of establish- ing a new fire station in the vicinity. WATER SERVICE The developers of the subject parcels have joined with adjacent landowners to establish a special water district that would provide adequate fireflow and domestic water supply as well as the appropriate system appurtenances to the site. Require that water heaters be located as close as possible to fixture outlets and insulate water pipes to reduce water wasted while residents wait for hot water from water lines. TRAFFIC AND CIRCULATION If it is found to be geologically feasible, realign the west end of the proposed Cocciardi Road so that it passes through the proposed Lots 14 and 15 to join the existing driveway serving the Cocciardi house and.follow its alignment down to the existing (Garrod Road) intersection with Mt. Eden Road. This would eliminate,several sharp curves and would avoid creating an additional intersection with limited sight distances on Mt. Eden Road. An intersection should have 10 feet of sight distance for each mile per hour of speed; e.g., 30 mph requires.200 feet of clear sight distance. Revise site plans to show a turnaround on all driveways longer than 100 feet. The applicant has stated he can conform to this requirement. Require the subdividers to contribute a proportional share of the cost of making the recommended improvements to the Pierce Road /Route 85 intersection. Require the subdividers to contribute land and /or money in proportion to the size of each subdivision towards the expense of providing a new fire station. Require the subdividers to join any road and water maintenance district if it should be found necessary. Require the subdividers to participate on a pro -rata basis in the capital cost of required major traffic, flood control or fire improvements (including Pierce Road improvements, a new fire station, drainage improve- ments for Calabazas Creek, water and sewer improvements). There are a number of mitigation measures designed to reduce the number of accidents in the City which were proposed in a recent citywide accident survey (TJKM:1978). The subdivisions could be required to contribute to the payment for cost of improvements to Pierce Road and the Pierce Road/ Route 85 intersection. ARCHAEOLOGICAL AND HISTORIC RESOURCES If subsurface archaeologic remains are uncovered during grading, halt all work for 30 meters around the site and retain a qualified archaelolgist to evaluate the find and recommend further mitigation. (b) Such changes or alterations are within the responsibility and jurisdiction of another public agency and such chances have been adopted by such other agency, or can and should be adopted by such other agency. �-C 1 l' Draft Exhibit "D" 1 Page 4 (c) Specific economic, social, or other considerations make infeasible the mitigation and measures of project alternatives identified in the environmental impact report. Delete plans for a house on the proposed Lot 11. (The alternative "mitigation" of brush removal would have secondary adverse effects of increased erosion and possible reactivation of an ancient landslide.) Require that all houses have well lighted entrances which are visible from the street and that all doors be equipped with dead -bolt type locks. The provision of entrances visible from the public street may be incon- sistent with the City's policy requiring a 100 -foot setback from major streets and design goals of the General Plan. The provision of well - lighted entrances does not eliminate a poter:tial crime problem but does reduce the opportunity for criminal activity. To reduce hazards further, provide firm anchorage of light fixtures, panel walls and architectural decoration to structures. Improve the pavement along Quarry Road from Pierce Road to the site so that it meets City standards and investigate the possibility of dedication of the privately owned portions of this road. Require the subdivider to contribute to the cost of this work. Reconstruct the intersection of Quarry Road /Pierce Road by widening the Pierce Road bridge across Calabazas Creek at this point, realigning the roadbed to straighten the curves, pruning or removing vegetation which blocks sight distances, and lighting the intersection at night. Require that horse trails be kept at least 50 feet away from water- courses and that stream crossings be kept to a minimum. Perform a geologic evaluation of the off -site portions of Quarry Road require that the subdivider contribute to the cost of any corrective i work needed if Quarry Road is used for Subdivision access. * * * ** Require that the keeping of horses be restricted to lots which have one acre of level land (less than 5% slope) and that paddock areas not be traversed by water courses. For steeper areas, and those larger than one acre of land, horses should be limited to grazing areas urge enough to provide an adequate food supply (about seven acres). 356�P 13777 FRUITVALE AVENUE • SARATOGA. CALIFORNIA 95070 (408) 887 -:3438 DATE: October 31 1986 To: Mark Beaudoin P.O. BOX 2032 San Jose, CA 95109 PART I Ll COUNCIL MEMBERS: Karen Anderson Martha Clevenger Joyce Hlava David Moyles Donald Paterson Your application /communication regarding SD-1356, Lwxbc pe pLwm has been placed on the Agenda for the Planning Commission meeting scheduled for 10/8/86 at 7:30 P.M., at City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California, 95070. PART II (To be completed and forwarded to applicant following scheduled meeting) Date: 10/8/86 Your application /communication was presented to the Planning Commission on the above date and was: Filed for Public Record X_ Granted. - Enctased iS Denied. If you do not agree with this decision you may file an "Appeal Application" with the City Clerk Within -ten (10) calendar days of the date of the decision. Please resubmit eight (8) sets of 11 x 17 plans if you are appealing the decision. Continued to Additional comments: CC: mamas Burke, 691 N. Mathilda Avenue, sumyvale, CA 94086 For Yuchuek Hsia 8/27/86 Planning Director J FROM: Lisa Welge DATE: 10/8/86 APPLICATION N0, 6 LOCATION• SO -1356, Mt. Eden Road, Landscape and Irrigation plans APPLICANT: Anthony Cocciardi ML 503 -12 -007 --------------------------------------------------------------------- - - - - -- PROJECT DESCRIPTION: Applicant is requesting appr irrigation plans for a 23 lot subdivision near Mt. Approval of retaining wall, trail easement. and treatment is also requested. Review and approval Planning Commission is required per condition VIII. map approval, SD -1356. oval of landscape and Eden and Quarry Roads. emergency access gate of these plans by the C of the tentative I. Retaining walls - the plans submitted show the exposed face of the retaining wall to be 5 1/2 ft. in height. However, condition VIII. G of SO -1356 requires that no single retaining wall exceed 5 ft. in height. Therefore, the height should be reduced to 5 ft. 2. The plans for treatment of the equestrian trail /and emergency access gate are acceptable, as are the landscape and irrigation plans. The City Horticulturalist was consulted during plan preparation, and the species chosen for landscaping are drought- tolerent natives. which are suitable for erosion control. As such, the plans adequately address the concerns expressed at the time of tentative approval. STAFF RECOMMENDATION: Approve the landscape, irrigation, gate, and trail plans as submitted. Approve the plans for the retainng walls. subject to the condition that the height of the exposed face shall not exceed 5 ft. ATTACHMENTS: 1. Staff Report dated 2/13/80 2. Exhibit A: Emergency Access Gate Plan 3. Exhibit 8: Trail Easement Plans 4. Exhibit C: Retaining Wall Plan S. Exhibit D: Landscape and Irrigation plans TYPICAL CUT SLOPE E EQUESTRIAN TRAIL EXISTING SURFACE 1 8' 2X DECOMPOSED GRANITE ROCK COMPACTED FILL .* TYPICAL FILL SLO 1p 14- J. FRANK V. CAMPBELL (1892 -1971) FRANK L. CUSTER (1902 -1962) AUSTEN D. WARBURTON ALFRED B. BRITTON, JR. WILLARD R. CAMPBELL JOHN R. FITZSIMMONS C. MICHAEL SMITH WILLIAM T. BROOKS RALPH E. MENDELL VIRGINIA TURNER HESS JAMES L. PAGANO NICHOLAS PASTORE J. MICHAEL FITZSIMMONS RN ".3EIATEV 11 CV v� 776 PI.ANNING DEPT CAMPBELL. WARBURTON. BRITTON. FITZSIMMONS 8 SMITH MAILING ADDRESS A PROFESSIONAL CORPORATION POST OFFICE BOX 1867 ATTORNEYS AT LAW SAN JOSE, CALIFORNIA 95109 -1867 TWELFTH FLOOR, BANK OF AMERICA BUILDING 101 PARK CENTER PLAZA AREA CODE 408 SAN JOSE, CALIFORNIA 95113 -2253 TELEPHONE 29S -7701 TELECOPIER 295 -1423 January 24, 1990 Steve Emslie City Planner City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 Re: Mount Eden Estates Subdivision Dear Mr. Emslie: On the morning of January 18th I met Tom Burke, Sr., at the Mount Eden subdivision and reviewed the status of work that has been done on the equestrian and hiking trails which were a condition to the subdivision approval. A portion of the trails were reviewed jointly by me and Mr. Burke, Sr. The lower elevation portion of the trails was viewed by me alone. My comments, starting with the upper portion of the trail easement where it leaves the private road beside the Cocciardi home is as follows: (To help in understanding my comments I have enclosed an old copy of the Cocciardi /Mount Eden Estates Subdivision which shows the approximate location of the, trail on which I have noted the areas where the problems exist.) The trail from the blacktop private road at the top of the open space easement behind Lot 11 all the way down to the point where the trail crosses the crgek at Lot 23 is completely unimproved. A jeep trail was cut in when the subdivision grading was commenced. Nothing further has been done. I pointed out to Mr. Burke, Sr. that there was a question as to whether the jeep trail itself was entirely on the Mount Eden Estates' property or whether some of it may have crossed the line on to the Cocciardi property. I have discussed this same issue with the subdivision's engineer, Harry Babica. Some months ago he surveyed the line, and I believe that he determined that in fact some of the trail did cross on to the Cocciardi property and thus would have to be moved in a northerly direction to stay off the Cocciardi property, or an easement would be required across the Cocciardi property. I understand from either Mr. Babica or Mr. Burke, Sr., I do not remember now who it was that told me, that they will not be obtaining an easement across the Cocciardi property, but instead Steve Emslie Re: Mount Eden Estates Subdivision January 24, 1990 Page 2 will move the trail. That has not as yet occurred, nor has any surfacing been put on the jeep trail which is there now. There is currently a chainlink fence blocking the trail at the upper end on the landscape open space easement behind Lot 11. Mr. Burke, Sr. indicated to me that it was for the purpose of keeping four - wheelers out. When the trail is completed it is anticipated that that will be removed. The grading and improvement to the trail system begins at the point where the trail crosses the creek on Lot 23. When Mr. Burke, Jr. and I walked the property several times many months ago, it was apparent that at least two bridges would be required. One of those would be at the creek crossing on Lot 23. No bridge has been installed and currently the graded trail runs through the muddy bottom of the creek. I have a recollection that this was a problem from the Corp of Engineers standpoint and /or Fish & Game's as well. I don't know what the environmental impact report for this subdivision reflects with regard to horse trails crossing the creek. In any event, during our conversation some months ago, Mr. Burke, Jr. acknowledged that a bridge would be necessary. I would not think anything more elaborate than the type of bridge that was used across the culvert on the Teerlink subdivision would be required. The trail has been nicely graded from that point all along the north side of the subdivision, running across the back of Lots 23, 22, 21 and 20. Unfortunately it has been surfaced with shredded leaves, bark and branches. This is a fine trail material for dry weather and for sandy or loamy soil. Frankly it doesn't work well at all on adobe. I rode the trail Thursday morning after three or four days of sunshine, following two inches of rain. Had I not been riding it for the purpose of checking out the improvements to date, I would not have completed my tour since my horse and I did not do the trail any good. My horse was sinking into the trail anywhere from a relatively small amount where the trail was level and exposed to full sun, to four or five inches where the trail passed under the trees and into the shade, and even worse on some of the slopes. The subdivision condition requiring four inches of crushed granite or equivalent, graded essentially level from side to side, was in fact an all weather solution. What has been installed is a dry weather solution. I would also point out that the depth of the shredded cover varied from several inches across the backs of Lot 20 to 23 to a bare covering of the ground surface on Lots 17 and 18. Where the trail, heading in an easterly direction, approaches the side creek that enters the main creek at about the back of Lot 20 the surface materials have washed downhill with the Steve Emslie Re: Mount Eden Estates Subdivision January 24, 1990 Page 4 beneath. No cover had been placed on the trail as soon as the trail got around the corner of the slope headed back into the quarry. The old road leading back to the quarry, which is the easement location, is in fairly good shape and is fairly solid. There are several places where some rock has been put on, but I suspect that has been there for years. As that road approaches the widening out of the quarry valley there is a severe and brand new erosion problem. I have ridden that trail a number of times over the last year, and it appears to me that there has been a very significant increase in the number of piles of dirt, trash and construction materials that have been dumped on the floor of the quarry valley. The result is that the natural drainage pattern has been disrupted. In the last rain the water drained around the piles and across the old road leading in to the quarry, rather than down into the creek. Where the water crossed the road, it created an erosion gully which now cuts probably forty percent of the road. The gully is three or four feet or more wide and nearly deep enough to lose a car in. I imagine this has created a significant siltation problem down this drainage channel. I would be surprised to learn that the City authorized the use of the quarry as a dump site. I suspect that. the dumping was temporary in nature and that the developer intends to clean it up. However, I would certainly encourage an inspection by City staff of this area leading toward to the early cleaning of this area in order to restore the natural drainage through the quarry and avoid future severe erosion. It is not clear to me how far into the quarry valley the Mount Eden Estates property goes. It may be that this location is on the adjoining Cocciardi- Chadwick subdivision. Regardless, there is a present problem which needs inspecting and correcting. Returning to the trail junction and turning across the dam back toward the road, I found the cover was quite thick. The trail is temporarily blocked by a line of hay bales which I assume will be removed as time goes on. I understand the bales are there now for the purpose of keeping four - wheelers out, and that certainly is a worthwhile thing to do. While the cover on the trail going across the dam is nice and thick, the ground underneath is exceedingly soft. The shredded bark and leaves simply do not work as an all weather trail even though this portion of trail receives full sun. Once again, my horse sank in to the point where he was getting very nervous and side stepping and trying to get off of the trail itself and on to firmer ground. Four inches of crushed rock in this area would make a much safer trail. Steve Emslie Re: Mount Eden Estates Subdivision January 24, 1990 Page 5 I then followed the trail farther to the east where it went along the north side of the roadway. The trail was level and because of its exposure to full sun seemed to be a little bit firmer. This may be due to the compaction requirements in connection with the construction of the road, or simply that the ground was level and had four days of sun. The trail on Lot 1 has been nicely graded. It has one area where it is a little bit steep. This is just before the U -turn which brings the trail up parallel to the south boundary of the subdivision. The steepness itself is not a problem, however this is a shady area as well as a steep area, and it is not an all weather trail as currently developed. In summary, the trail is simply is not an all weather trail as it has been developed. At the upper end and into the quarry valley it has not been built at all. The two bridges at Lots 23 and 20 still need to be constructed. Anything that can be done to provide for crushed rock at least in the shadier and steeper areas would be greatly appreciated and would enhance the safety of this trail as well as its utility as an all year round trail. On another topic, I have recently had a telephone call from Ronnie Lacoute, President of the Parker Ranch Homeowner's Association. A meeting has been arranged for the evening of Wednesday, January 31st, with the Board of Directors of the Parker Ranch Homeowner's Association, Mr. John Weir and myself. They have expressed concerns regarding the location and maintenance of the riding and hiking trails through Parker Ranch. They are also interested in seeing how the Parker Ranch trails can be connected to the Mid - Peninsula Regional Open Space District. They had heard that there was a possibility that the Saratoga Country Club would be coming to the City for some development permits which might provide an opportunity for a connection through the Country Club to the Open Space District. This is a topic I have discussed with you before, and certainly the equestrian trail users are equally interested in that topic. I informed her of the potential for a connection at the top end of the Parker Ranch trails at the point where the trail currently deadends into the Garrod property just south of the water tank. To the west of the point where the Parker Ranch trail deadends into the Garrod property the Parker Ranch property is all within an open space easement. At that point the Parker Ranch property has a common western boundary with the eastern boundary of the Mid - Peninsula Regional Open Space District. We would hope that in the future a trail connection could be installed either within the Garrod property, which is already cleared, or along the common Steve Emslie Re: Mount Eden Estates Subdivision January 24, 1990 Page 6 boundary between the Garrod property on the south and the Parker Ranch and Mid - Peninsula Open Space District on the north. I will report to you following the January 31st meeting. Yours truly, WILLIAM T. BROOKS WTB /dmr cc: David Peden Harry Peacock Dan Trinidad John Weir Nancy White Kathy Horner Tom Burke, Sr. Harry Babica C-2 rj L07 /B .221 IF 99 T I-Or lz V, LOT 21 407 20. s ; c c'pcc14,qO,, L07 1Y LCT 12 L 07' 11 o LOT /* v Ile e i or /j OT /0 0 7' 15" S J-7 A 4W3 i or 16 rc. 7". QUARRY AD. ,77 7:14 7P I I uu "i March 6, 1990 MEMO TO: FROM: SUBJECT: 13777 FRUITVALE AVENUE • SARATOGA. (:ALIFORNIA 95070 (408) 867 -3438 COUNCIL MEMBERS: Karen Anderson Martha Clevenger David Moyles Donald Peterson Francis Stutzman PLANNING DEPARTMENT PARKS & RECREATION COMMISSION EQUESTRIAN TRAIL - LOT 18, TRACT 7761 The Parks & Recreation Commission, at their March 5th, 1990 meeting, reviewed the proposed trail modification map provided by Harbor Builders. In attendance were Bill Brooks and three Pony Club members who were there to voice opinions on the trail surfacing.. They, along with the commissioners, were concerned with the areas subject to water retention because of poor drainage. They were also concerned that .the trails' surfaces be acceptable for joggers who use it. After much discussion, it was decided that the requested realignment of Lot 18 be approved contingent upon the developer agreeing to install all- weather surfacing on trails in areas where improper drainage creates soft and unusable conditions after a rain. Staff will review the plans of the areas to be surfaced when completed. , Secretary 0. to %t ..n rorvrl -r` ran�tr November 26, 1990 MEMO TO: FROM: SUBTECT Larry Perlin Dan Trini n %T0M U ^M'r^ . .1 V L I: J %o 1 1 V I'1 AC- I- 1. I 09 V� 6ti E / 1 RACT 776i MOUNT EDEN ESTATES At the November 3, 1990 Council meeting, Council approved the settlement and maintenance agreement for the subject subdivision. Some language in the agreement and in the City Attorney's cover memo indicated that all improvements required of the subdivision had been completed. Please be advised that the pedestrian /equestrian trail called for in the "Specific Conditions" are not complete; specifically, two creek crossings (bridges) and that the eastern most section of the trail which climbs the hill and extends to the northerly tract boundary has not been completed. Additionally, the developer has requested that the City eliminate and relocate a portion of the easement as it crosses Lot 18. At the Parks & Recreation Commission meeting where the requested deletion was discussed, it was agreed upon by the developer that they would place the aggregate or asphaltic concrete chips in areas of the trail where the City and the trail users are experiencing an impassible condition due to softness of the trail. It would appear that in the future, a procedure should be established whereby all departments having conditions should be able to formally sign -off when work is completed. r cc/ Bill Brooks • ! ­! "n r (7VCle11 TO: Mike FROM: Larry SUBJECT: Mt. MEMO Eden Estates Conditions Attached are the final map conditions for Tract 7761, the Settlement and Maintenance Agreement between Harbor Builders and the City dated November 20, 1990 and a condition pertaining to the improvement of the horse trails in the subdivision that was required by the Parks and Recreation Commission in March of 1990 in exchange for approval of the developer's request to realign the trail on Lot 18. I draw your attention to the following specific conditions in each document which I believe the developer has not properly fulfilled and on which the City should be demanding immediate action: Final Map conditions: 1. Condition II(F) - Steeper (2:1) slopes are probably what is causing the current road distress and is what will most likely lead to worsening conditions in the future. 2. Condition II(I) - As you know, there has been no restoration of the quarry area and this is why we are requiring it of the Cocciardi's restoration plan. 3. Condition VII(A) - The trails have not.all been improved to the City's requirements. Additionally, please refer to the EIR mitigation conditions which are incorporated into the final map conditions via conditions I(I) and VIII(I) and which pertain to the grading drainage and erosion problems. Specifically, se the sections entitled Geology and Soils, Seismicity, Hydrology and Visual and Aesthetics. Settlement and Maintenance Agreement conditions: 1. Condition 1C - The City Geotechnical Consultant's fees have yet to be paid. 2. Condition 2 - Harbor Builders are not responding to the requirements of either Fish and Game or the Army Corps. 3. Condition 3 - Harbor Builders is not maintaining the roads in good order and they have halted the monthly crack monitoring program. 4. Condition 6 - See above re: road maintenance. Trail Condition per Parks and Recreation Commission: Essentially, as stated above, the trail improvements have not been done. Mike, I have an unfortunate feeling that this is going to get very nasty between the residents of the subdivision, a non - responsive developer and the City caught in the middle once again with little or no recourse. Next time you come by, we should be discussing long term strategy on how to deal with the problems in this subdivision which, in my opinion, will become the worst one of all the hillside subdivisions. I'll be gone until 3:30 this afternoon. After then, call me if you have any questions or need additional information. 3.2 Goals and Objectives Monitor irrigation and- fertilization schedules to ensure efficient applications. Ensure adequate access for handicapped persons to parks and recreation facilities. Maintain and update a phasing plan and associated Capital Improvements Program prioritizing the improvements to the parks and recreation system. Where appropriate ensure public involvement in parks planning and de_ sign to facilitate implementation of a program meeting community needs. Monitor usage of public recreation facilities to ensure appropriate and adequate provision of a range of recreation opportunities. Goal 2: Trails System Provision: Plan for, implement, and maintain trails for bicycle, equestrian and pedestrian use serving both recreational and non - vehicular circulation needs. Ensure all future developments in the City conform.with the trail alignments indicated in the trails plan of the Parks and Trails Master Plan. Require dedication, through the subdivision approvals process, from developers of either the trails right -of -way or a recreational. easement to accommodate public use of the trails. Require developers through the subdivision approvals process to design and implement improvements to the trails within the project to the satisfaction of the city engineer or an appointed representative prior to acceptance of the right -of -way or easement by the City. Establish a regular program for tree pruning /removal /replanting in all parks and along trails where appropriate. Ensure adequate access for handicapped persons to the trails system where possible. Maintain and update a phasing plan and associated Capital Improvements Program prioritizing the improvements to the trails system. Where appropriate ensure •public involvement in trails planning and design to facilitate implementation of a program meeting community needs. Monitor .usage of trails to ensure appropriate and adequate provision of a range of ' trail opportunities and to ensure potential user group conflicts are addressed early enough to avoid unnecessary problems. Monitor drought conditions with the assistance as appropriate of the Fire Marshall to determine if any trails need to be closed for a period of time to mitigate fire . risks. 3.2 -2 Petition to the Maijor and CitU Council for the Cit-g of Saratoga Wharees, the equestrian trails in the vicinity of Mt. Eden Fold, Garrod Farms, and Pierce Road are eroding because of inadequate w;,ater- drainage ®-- systems; and WhereeS, those same trails have not been surfaced with materials suitable to withstand the stresses from horse and rider nor- the forces of erosion and decomposition; and ;.erees, continued development in the area has restricted access to existing trails and threatened the future for a secure network of trails, and W erees, the failure to secure all of the above has forced local equestrians onto surface streets -- placing them and their animals at risk of being struck by vehicular traffic; Ni ?rr:. t ,&erefore be it resnlverl that the signers- -the equestrians of :-aratoca, do hereby petition the 111agor and City Council of the City of S., atoga as follows: To install -- ,,here possible -- adequate water- drainage syste ms throughout the Ht. Eden Equestrian Trail System to reduce the effects of erosion; and To surface - -where possible -- trails with suitable materials that will withstand equestrian use, erosion, and decomposition; and To insure continued access to existing trails by securing lien: with the appropriate property owners, their agents, heirs, executors, or lien hoiders; and To reduce the risk of injury or death to horse and rider by securing the above resolutions; H d generally, to support the desires of local equestrians so that future generations to the hills of Saratoga will be able to experience the toes of 11orseback riding, and the love of horses. v rhp -_c -, 32 ;.iii ^a 15: 4'� : D: February 26, 1992 9014 P02 REPORT TO: PARKS & RECREATION COMMISSION FROM: SECRETARY TO PARKS & RECREATION COMMISSION The attached petition and letter submitted by C. Kline has been referred to the Parks & Recreation Commission for its consideration and input. Background The City, for a number of years, has been struggl =ng with the issue -of equestrian /hiking /bicycle trails. During the past two years, it has been determined that the City will take a much more active role in both the establishment and maintenance of these trails. The City -wide Trails Master Plan, which was approved on July 19, 1992, was commissioned to provide the City with an objective and focused approach to providing the equestrians /hikers /cyclists of Saratoga with a complete system. Thusfar, our efforts have been focused on establishing priorities while performing maintenance within the Parker Ranch subdivision. The Trails Master Plan establishes surfacing standards as well' as other trail design standards (see attached) in addition to delineating a, proposed phasing of capital expenditures. 1992/93 is the first year where funding is suggested. Hopefully, this project will be funded in the 1992/93 Capital Improvement Budget. However, these funds are not for equestrian trails only. The Parks & Recreation Commission has established the trail between Douglass Lane and Carnelian Glen Place, and the trail along the Southern Pacific Railroad as being its number one priority. Also included as a number one priority is improvement to the trail system in the western Hills. A meeting with interested parties is being scheduled later this spring to identify and establish priorities in that area. The Master Plan provides options for trail surfacing depending on use, erosion and other requirements determined by the City Engineer. t AR.- 1E -"?_ MOH 15:4x, I'D: TEL HO: #011 P03 7/. A REPORT TO PARKS RECREATION COMMISSION ZLZU 92 Response to the specific problems identified in Ms. Kline's wetter: Point A. This is the trail installed on Mt. Eden Road as condition of a 2 -lot subdivision that was reviewed approximately two years ago by the Commission. The Public Works Inspector has bean working with the developer for the past several months to resolve drainage problems on the site and adjacent to the trail. During the recent storms, the onsite drainage system failed and the water was diverted from the improvements on the building sites to the drainage system adjacent to the trail. The Inspector had identified the Problems, but because of additional water which was diverted to the system above the trail before they were connected, the trail suffered extensive erosive damage, The inspector has notified me that he is working with the developers and will have all problems corrected. int This is the section of the trail which runs between the two ends of Damon Lane. This trail was installed several years ago by the developer of that subdivision in an area which is subjected to natural, spring seepage. The drainage swail which is. above the trail was designed to intercept the spring water. It has now become obvious that both the trail and the drainage system were not designed properly and we, as well as equestrians /hikers /cyclists are aware of these deficiencies. The Saratoga Pony Club has scheduled a workday for April 4th of this year, Specifically to work on this particular section of the trail. The City is Participating in this endeavor and will of this problem. continue to assist in the resolution kgl nt B: This is identified as the section behind the Kohler property. It is a trail, which, while being called for on the Trails Master Plan, the City does not have easements at this time. Problems cannot be addressed until easements are acquired. MAC. -1G -'92 p1014 -5: 49 ID: 2 26 Pints C & TP_ 9014 PO4 These sections are located within the Mt. Eden Estate City's Public Works Znsp ©ctor has been working with the the s Subdivision. The Problems within this subdivision. developer to resolve surfacing, water course crossings, as Well Of primary completion concern are trail system. of the required Point F; This section is located on City's Trails Master Plan. Therefor, roperty and was not identified on the an easement and the Cit , at this point in time, we do not have Y will not be seeking an easement. P -41—x_ This section is an extension of the above ;rail within t Since this trail is not shown on the Trails Master P required b he Mt. Eden Estates. Y the developers in this area. Plan, an easement was not Mt Attachments: 1) Petition to Mayor and City Council 2) Letter to Mayor from Cindy Kline with Map 3) Pages of the city "Trails Master Plan ": 3.7 -1, 3.7 -2, 3.7 -3, 4,1 -1, 4.1 -21 4.1 -3 /I III. B. Cindy Kline, Bill Brooks were attendees for the following portion of the agenda discussing Saratoga trails: 1) Secretary Trinidad reviewed staff recommendations. 2) City Manager prefers no surfacing on trails. 3) Developers have posted bonds for completing commitments. 4) Changing procedures within City departments. 5) Specific time limits for developers. 6) Cleanup of debris from builders' employees. 7) Easement blockage presently exists. Motion: Council should consider policy to require that completion and inspection of all trails be required before any certification of occupancy be issued within a development. Gilman /Crotty 6/0 Motion: Request complete report from Engineering by April 6 meeting on status of trails and improvements needing completion. 1) Two -lot subdivision 2) Burke - Mt. Eden Estate Crotty /Miller 6/0 III. C. Proposed Eagle Scout project for installation of flagpole at Congress Springs Park at far right location was approved. Crotty /Swan 6/0. D. Items to be.submitted to Council for budget review: 1) Complete Douglass Lane - Carnelian Glen Trail 2) Complete Railroad Right -of -way trail 3) Complete Warner Hutton House for teens 4) Decision on Skateboard Ramp /O2-Tf Activ i y for teens 5 ) Complete Beauchamps Park M, Cull 6) Initiate programs to serve Asi-&n population. 7) Entrance signs for Quito /Pollard site, Highway 9 8) Increase amount to be spent on Ravenwood Park E. Nomination for Library Expansion issio - Mark Pierce Adjournment .9:45. Swan /Crotty. mt D9,f Trinidad / Secretary _yd MINUTES SARATOGA PARKS AND RECREATION COMMISSION TIME: MONDAY, MARCH 2, 1992 - 7:30 P.M. PLACE: SARATOGA COMMUNITY CENTER 19655 Allendale Avenue, Saratoga, California TYPE: Regular Meeting I. ORGANIZATION A. ROLL CALL - Present: Crotty, Franklin, Gilman Miller, Swan, Ward Absent: Pierce Staff: Trinidad, Rizzo, Tate B. MINUTES - Approval of Minutes of 2/3/92 Crotty /Swan C. POSTING OF THE AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on 2/26/92. II. A. Following is the summary of discussion held on the Wildwood Park stage area being in need of repair in the near future. 1) Twenty year projection needed. 2) Storage /dressing area /concession /props under stage. 3) Send questionnaire to regular users asking for input. 4) Rotate stage area to open into park? III. A. Bob Williams of Ravenwood Drive, Vic Monia of the City Council were present at meeting for the following discussion concerning Ravenwood /Quito - Pollard sites for park. 1) Safety issue crossing street to get to Park at Quito /Pollard 2) Too many trees - not open enough 3) Leave Quito /Pollard as open space with bench /picnic table 4) Quito /Pollard as site for Saratoga Entrance Sign. It was recommended that the Quito /Pollard site be left as open space. Crotty /Miller. 6/0 March 6, 1992 MEMO TO: Larry Perlin FROM: Parks & Recreation Commission SUBJECT: SARATOGA TRAILS REFERENCE: LETTER & PETITION OF 1/8/92 FROM C.KLINE OF SAN JOSE ---------------------------------------------------------- - - - - -- At the March 2, 1992 meeting of the Parks & Recreation Commission, in response to the above referenced letter, the Commission motioned to request a report from you on the status of the completion of the trails on the two -lot (Rintala Developers) trails on Mount Eden Road and the trails within the Mount Eden Estates (T. Burke). See attached memo to the City Council. If you have any questions, please contact me. By Dan �dad, Secretary Parks creation Commission mt Attachment K: 15 March 6 , 19 9 i T u RZFERENCh' : L NLL jt� 14 yi MAYGIR & _"TTY CICUNCIL PARKS a RECREATION COMMI:;S1CN SARA,roC>A TRAILS PETIT:CN & LETTER FROM C. KL.INE OF SAN JOSE _ounr_i < reierred c:: above referenced petation and letter of January :?th ftc.m K:4.n,e Concerning t.le equestrian t=ails ir. the wesrarn foot::_1..s '_ '_ :-1c° 1-arks & Recrea *__or- Commission, This item Was pla.e-d :)n _he ;eraa for the Marcy, .1, 1992 greeting hirer. l :ee.rin�3 pul_1_L test imlony and reviews g the report submltta,-? _t was the cor:ser.sus of the wommission, by i�1fi.Ci :uvt »!'rI, ti :cam tIIe C:.ty be requested to establish a policy +_omp'et._cn of all required tra__s, by a deveioppr, prior t :ssuatnce (if any certificate of occupancy. It �,,,as also trip, con_=ensus that the City Public Works inspector take rote in having the developer of the two -lot (Rinr-al a Developers) and the devel.oper of Mr. Eden F states (T • Bu._.ks) Complete those trail systems as required by the City, The LOMMi`..,.Sior, would also lik© the Engineering Department to provide a writ teri .:;t.t,.:s report of the pr ogress being-made and a time scna -dole zo.r 7cmW.liance to the above for their next meeting. By Dan ni ad, S6o1-etary Parks Recreation: Comm }bsion mt e/ L. Perlin At t ach,ment City Council Agenda 4 lurch too 1992 00 3) Request for Partial waiver of tees for Use of Ha><oae Gardens - May 27, 1992 - Hospice Of the valley Recommended Action: Consider request of a partial waiver; current rental rate - $800. Request would result in a charge of about $40. C- A s -� 6. OLD BIIBINESS Jr. 03 A. Report on Councills Request to research Ombudsman Programs Recommended Action: Review staff report and provide furt y. r direction as necessary. - E•% Rp Q:M B. Approval of Contract with uetworx Administration Consultant and Appropriations Resolution Recommended Action: Authorize City Manager to execute contract; adopt resolution. C'A S �• �5 C. Report lrca Xaintensn9e Director on Trails in response to Petition. from Cindy Kline �►�. " gip /;�z,�_ /1i�G• G��� �i�;6 � � V' D. Pierce Rd. Bridge at Sarahilis Drive - CIP 9531 Approval of Design Engineering Agreement Recommended Action: Approve agreement and authorize staff to execute the agreement. k-0, S-., city Council Agenda 2 March is, 1992 A. Planning Cooission Actions, 3/11 - Note and file. D. Parks and Recreation Coaission Minutes, 2/3 - Note and file. C. Heritage Preservation Commission Minutes, 10/231 11/27= 1/8 - Note and file. D. Youth Commission Minutes, 11/18= 12/14= 1/13= 2/10 - Note and file. E. Public Safety CommissiOn Minutes, 3/9 - Note and file. F. Approval of Format of Agreement for Auziliary staffing Services to be used by City Foundations 4. city -OWned Property at Quito /Pollard Roads - Report from Parks and Recreation Commi /sion on Use as a Park - Receive and file. H. Resolution commending Adrienne Reiko =vanaga as 1991 Saratoga Citisen of the Year �. Final Acceptance of improvements and Release of security, SD89 -003, 20904 Prospect Road (J. MoDonald, developer) J. ordinance amendinq Article 4 -30 of City Code relating to Sale of Firearms (second reading and adoption) R. Hakone Foundation Fund Raising - 2/S/92 - 3/9/92 L. City Financial Reports for February: City Council Agenda s larch 18, 1992 7. ATE* BUSINESS g. Z A. Report from Assistant to the City Manager on Offer from State to Sell or Lease Surplus Land - Rouse at 13685 Quito Road c Z� B. Request from Public Safety Commission to approve Funding of Additional Crossing Guard Position and Appropriations Resolution to provide funds Recommended Action: Authorize additional crossing guard and approve appropriation resolution in the amount of 3, ha Z Ir C. Recommendation for Public Safety Certificates of Recognition to be Presented at April i Council Meeting Re yomrended Action: Approve request. C- S- 0 D. ls.o Authorising lici y for 'Upcoming Rearings - Williamson Appeal C S, e. M E. , r. 8�,. s,..� _� l4 8. PUBLIC REM - 8130 p.m. Q -� � �'� & s'- 0 f; 3Q A. Appeal of variance denial to construct a 6 -ft. high fence within the front and esterior street side yard setbacks where a 3 -ft. high fence ie permitted at 16761 Bohlman Road. (Appellant /applicant, Persico)(V91 -014) T. 3G Rai �� — _ /S' ��;�,� �►-1 S n. -- �, G� 4Vw.4� City Council Agenda 7 ]arch la, 3992 2) RevieW of Commissions work Program for 1992 -93 3) Inventive /Education Program - positive approach 4) short slide shoe - Lis Ansnes S) Before meeting: Intervi"S with Library Ezpansion Committee Applicants at 7 :00 p.m. /D; O S e. Reports from Individual Councilmembers / - ku­� ;&w ev-- A&* Jze4� fo4� 4,%-4 1510. CLOSED SESSIOY on settlement negotiations, Teerlink Ranch limited bankruptcy. ':30 ii. ADJOO to 7 :00 p.m. on March 24 in the Senior Center Day Care Room, 19653 Allendale Avenue. CAMPBELL, WARBURTON, BRITTON, Dan Trinidad Director of Maintenance City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Dan: As you may remember, on the volunteer trail day on Mt. Eden Road sponsored by the City and the Saratoga Pony Club, an issue was raised by Mr. Teerlink's son as to whether the dedication of the parcel intended for a future fire station site to the City had been completed. He, therefore, objected to the placing of the trail sign or performing of any trail maintenance work on that parcel facing Mt. Eden Road just across the creek from the Teerlink home. In speaking with the city employee in charge that day, he said that he would check back with you to determine what the status of that dedication is and whether the City has the right at this time to place the trail marker on that site and proceed with trail maintenance work. That trail day occurred in April and I have had no feedback from the City. What is the status of the dedication of that parcel? Has it been completed? Does the City now have the right to place a trail marker on that site? Does the City now have the right to perform trail maintenance work on the trail segments that are shown on the subdivision map? What is the current status of Harbor Builders' commitment to the completion of the trail work to which it committed on its subdivision map? The last time I rode the trails, the upstream portion on the south side of the creek was still not commenced much less finished, the upstream bridge across the creek was not installed, the portions at the downstream end on the north side of the creek which were to receive rock in exchange for abandoning a section of trail easement which encircled the most northeasterly parcel of the Harbor Builders' subdivision had not received any rock as yet. The issues raised regarding the Mt. Eden Estate subdivision in Cindy Kline's letter of this spring do not appear to have progressed toward resolution, at least in any physical sense. FITZSIMMONS F3 SMITH MAILING ADDRESS AUSTEN D. WARBURTON WILLARD R. CAMPBELL A PROfE55IONAL CORPORATION POST OFFICE BOX 1867 JOHN R. FITZSIMMONS ATTORNEYS AT LAW SAN JOSE. CALIFORNIA 95109 -1867 C. MICHAEL SMITH WILLIAM T. BROOKS TWELFTH FLOOR, BANK OF AMERICA BUILDING RALPH E MENDELL 101 PARK CENTER PLAZA AREA CODE 408 VIRGINIA TURNER HESS TELEPHONE 295 -7701 NICHOLAS PASTORE SAN JOSE, CALIFORNIA 95113-2253 TELECO PIER 295 -1423 J. MICHAEL FITZSIMMONS WILLIAM R. COLUCCI FRANK V. CAMPBELL (1892 -1971) JEFFREY C. PARK FRANK L. CUSTER (1902 -1962) July 21, 1992 ALFRED B. BRITTON. JR. (1919 -1991) Dan Trinidad Director of Maintenance City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Dan: As you may remember, on the volunteer trail day on Mt. Eden Road sponsored by the City and the Saratoga Pony Club, an issue was raised by Mr. Teerlink's son as to whether the dedication of the parcel intended for a future fire station site to the City had been completed. He, therefore, objected to the placing of the trail sign or performing of any trail maintenance work on that parcel facing Mt. Eden Road just across the creek from the Teerlink home. In speaking with the city employee in charge that day, he said that he would check back with you to determine what the status of that dedication is and whether the City has the right at this time to place the trail marker on that site and proceed with trail maintenance work. That trail day occurred in April and I have had no feedback from the City. What is the status of the dedication of that parcel? Has it been completed? Does the City now have the right to place a trail marker on that site? Does the City now have the right to perform trail maintenance work on the trail segments that are shown on the subdivision map? What is the current status of Harbor Builders' commitment to the completion of the trail work to which it committed on its subdivision map? The last time I rode the trails, the upstream portion on the south side of the creek was still not commenced much less finished, the upstream bridge across the creek was not installed, the portions at the downstream end on the north side of the creek which were to receive rock in exchange for abandoning a section of trail easement which encircled the most northeasterly parcel of the Harbor Builders' subdivision had not received any rock as yet. The issues raised regarding the Mt. Eden Estate subdivision in Cindy Kline's letter of this spring do not appear to have progressed toward resolution, at least in any physical sense. What if anything is happening in your negotiations with Harbor Builders? Has any time schedule been arrived at for the completion of this work? If there are some things that are hindering progress, which a little citizen involvement might help, please let us know because we will be happy to participate in trying to get this section of Saratoga's trail system finally involved. Yours truly, Dictated but not read, sent without signature to avoid delay. WILLIAM T. BROOKS WTB:cjc cc: Harry Peacock Mayor Karen Anderson Ugu,f o0 §&MZ19Q)0& 13777 FRUITVALE AVENUE . SARATOGA. CALIFORNIA 95070 • (408) 867 -3438 September 25, 1992 GORrIN COUNCIL MEMBERS: Karen Anderson Ann Made Burger Willem Kohler CD Victor Mona Karen Tucker TO: City Attorney FROM: City Engineer • SUBJECT: Your demand letter to Harbor Builders Re: Mt. Eden Estates, Tract No. 7761 As of this date, I have still not received a response from Bank of America to the City's inquiry concerning the status of the Set Aside account posted by Harbor Builders as a performance security for the Mt. Eden Estates subdivision, Tract No. 7761. If you are interested in following up on this, the person I am in contact with at B. of A. is David Sheedy, telephone (818) 666 -8507. Otherwise, the following is what the City should be communicating to Tom Burke, Sr. of Harbor Builders in the form of a demand letter to address the drainage and erosion problems and other outstanding issues with the subdivision. 1. Harbor Builders must perform additional work in the portion of Quarry Creek within Tract No. 7761 to control the erosion which is occurring and which is threatening; a) the stability of large landslides which are supposed to be butressed by the fill material which was placed into Quarry Creek, b) lots 16 -23 which abut Quarry Creek and some of which already have homes, swimming pools and other improvements built upon them, and c) the integrity of the Quarry Creek storm drain downstream of the subdivision and into which the eroded material from within the subdivision ultimately flows. The exact extent of additional work is unknown at this time and should be determined only after a thorough hydraulic and engineering evaluation of the creek conditions has been made. Once an erosion control scheme is developed and appropriate plans prepared, they shall need the approval of the California Department of Fish and Game (suggested contact is Carl Wilcox at 707/944 -5512) and a permit from the Army Corps of Engineers or a determination that the proposed work is covered under a Nationwide Permit (see attached letter from Corps to Harry Printed on recycled paper. dated June 25). Once regulatory approvals are obtained, then the City will issue its approval as well. 2. Harbor Builders must finish the installation of the equestrian trail system required as a condition of approval of the sub- division and must correct previous noted deficiencies with the trails which have been built and which they have agreed to repair. 3. Harbor Builders must reimburse the City $23,443.13 for costs associated with the City Geotechnical Consultant's review of the project. Until the above three items are accomplished, the City should continue to withhold the granting of Construction Acceptance of the subdivision improvements. Once Construction Acceptance is granted and a one year maintenance /warranty period elapses, then the City should be willing to grant Final Acceptance of the improvements and accept maintenance repsonsibility for all public improvements in the subdivision. If you have any questions about this, please give me a call. cc: Printed on recycled paper City Manager Thorima6 R. Burke Harbor Builders, Inc. 691 North Nathilda Sunnyvale, CA 94086 RE: Conditions At Mt. Eden Estates Subdivision ('tract 7761) Dear Mr. Burke: This letter is being written on behalf of the City of Saratoga. The City is extremely concerned with certain conditions currently existing at Tract 7761. Those conditions are described as follows; 1. Coaditi as: Several areas of the streets within Tract 7761 are in need of repair due to cracks, defects or deficiencies, including the pulling away from curbs and utters. These areas require sealing immediately if further damage is to be voided from the upcoming winter rains. Harbor Builders is obligated pursuant to conditions of approval of Tract 7761 (SD 23561 approved 2/13/80, attached as Exhibit A) and pursuant to an agreement dated November 20, 1990, with the city of Saratoga (attached as Exhibit B), to maintain the streets, sidewalks, curbs and gutters in good condition and repair. Additionally, Harbor Builders agreed in the November 20, 1990 agreement to perform such repair and corrective work to the satisfaction of the City Engineer, and to perform a monthly monitoring program of specified crack locations as previously identified by the City Engineer. By failing to perform the required repair and monitoring, Harbor Builders is acting in violation of its 1980 subdivision approval and in breach of its 1990 agreement. ReMedia-1 t o s Harbor Builders must immediately sealing /patching work to seal all cracks, defects or deficiencies to protect against further damage from winter rains. This work must be completed by no later than October 31. 19.2 2. Additionally, all monitoring, repair and reporting requirements as set forth in the 1990 agreement shall be complied with. Failure to perform the work required to be performed by October 31, 1992 or the on -going MEYERS, NAVE, RJBACK & SILVER 1MICMAEL R. NAVE STEVEN R. MEYERS A PROOEIVONAL LAW CORPORAYION PC NINSYLA OFFICE ELIZABETH H. SILVER GATEWAY PLAZA MICHAEL S RIBACK CLIFFORD R CAMPBELL 777 DAVIS STREET, SUITF- 300 1220 HOWARD AVE., SUITE 250 9URLINGAME, CA 04010.4211 MICHAEL F RODRIOVEZ SAN LEANDRO. CALIFORNIA 945'77 TELEPHONE: (416) 346.7130 KATHLEEN FAUGIGN TELEPHONE: (510) 351- 4300 FACSIMILE. (415) 342-0666 FREDERICK S. ETHERIDGE rACSIMILE: IS 10) 351 -4481 WENDY A. ROBERTS SONOMA COUNTY DAVIO W. SKINNER October 6, 1-992 (70'n B— 4641f. STEVEN T- MATTAS OFCOUNSEL ANDREA J. MUMAN REPLY T0: San Leandro Thorima6 R. Burke Harbor Builders, Inc. 691 North Nathilda Sunnyvale, CA 94086 RE: Conditions At Mt. Eden Estates Subdivision ('tract 7761) Dear Mr. Burke: This letter is being written on behalf of the City of Saratoga. The City is extremely concerned with certain conditions currently existing at Tract 7761. Those conditions are described as follows; 1. Coaditi as: Several areas of the streets within Tract 7761 are in need of repair due to cracks, defects or deficiencies, including the pulling away from curbs and utters. These areas require sealing immediately if further damage is to be voided from the upcoming winter rains. Harbor Builders is obligated pursuant to conditions of approval of Tract 7761 (SD 23561 approved 2/13/80, attached as Exhibit A) and pursuant to an agreement dated November 20, 1990, with the city of Saratoga (attached as Exhibit B), to maintain the streets, sidewalks, curbs and gutters in good condition and repair. Additionally, Harbor Builders agreed in the November 20, 1990 agreement to perform such repair and corrective work to the satisfaction of the City Engineer, and to perform a monthly monitoring program of specified crack locations as previously identified by the City Engineer. By failing to perform the required repair and monitoring, Harbor Builders is acting in violation of its 1980 subdivision approval and in breach of its 1990 agreement. ReMedia-1 t o s Harbor Builders must immediately sealing /patching work to seal all cracks, defects or deficiencies to protect against further damage from winter rains. This work must be completed by no later than October 31. 19.2 2. Additionally, all monitoring, repair and reporting requirements as set forth in the 1990 agreement shall be complied with. Failure to perform the work required to be performed by October 31, 1992 or the on -going i - Thomas R. Burke October 6, 1992 Page 2 monitoring, repair and reporting obligations shall result in forfeiture of the Cash bond posted pursuant to the 1990 agreement and the immediate work being performed b the additional costs being charged to Harbor Builders.Clty, with any 2. Qndition: Significant erosion problems remain unresolved in the vicinity of several lots (16 through 23) threatening: I (a) The stability of large landslides which are required to be buttressed by the rill material which was placed into quarry Creek; (b) lots 16 -23 which abut Quarry Creek and some of which already have improvements constructed upon them; and (c) the integrity of the Quarry Creek storm drain downstream of the subdivision and into which the eroded material from within the subdivision ultimately flows. A requirement of the 1980 approval and of the 1990 agreement is that erosion control measures be undertaken in order to adequately stabilize Quarry Creek to prevent future erosion which endangers the aforementioned lots and storm drainage system. Prior measures taken by harbor Builders have failed. Therefore Harbor Builders is in violation of the subdivision approval agreement. and in breach of the Remedial Action:' Harbor Builders must immediately construct such temporary erosion control measures as may be necessary to provide adequate erosion control in Quarry Creek within Tract 7761 Ito prevent further erosion during upcoming winter rains. This work must be completed by no later than November 19. 1992. for this temporary remedial work must be: The plans (1) Prepared by a licensed Civil Engineer; (2) Approved by the City Engineer; (3) installed under the supervision of a licensed civil engineer; and (4) Inspected for compliance by the City Engineer. Once the temporary remedial work is con leted, Harbor Builders p must perform a thorough hydraulic and engineering evaluation of the creek conditions and initiate communication with the California Department of Fish and Game and the U.S. Army Corps of Engineers .'Thomas R. Burke ,October 6, 1992 page 3 lin order to work with those agencies toward and construction of a permanent erosion control esolution.of plans 3• 92nditions; Harbor Builders installation of the a uestrian trails stem re has not completed of approval Of 1980 subdivision approval, to the City�e 9 y required as a condition standards. the vd Actian; Harbor Builders must immediately complete installation of the equestrian trail system required as a condition Of approval of the subdivision and must correct previousl pion deficiencies with the trails which have been built. This wo rk must be completed by no later than November 30 1992. Y'noted I Since Harbor Builders is currently in violation Conditions of the conditions of of the approval of t approval and in breach of the 1990 agreement, a 1980 subdivision choice but to the City has no place both the Department of Real Estate and Prospective purchasers of any unsold lots on notice of thane violations. Accordingly, by co Department of Real Estate on notice of these conditions aatnTr�e 7761. Additionally, the City is recording a Notice act Compliance against the remaining unsold lots. of Non City is hereby placing on notice of these violations rthermora the institution which currently holds the construction loan financial institution letter r previously ly posted by Harbor Builders. If the remedial y, p of it, is not timely edial EiBuilders, the City will make demand on the setpaside letter Harbor nds remaining in the construction loan account. the Very truly yours, MEYERS, NAVE, RIBACK & S VER Michael S. Ribaek City Attorney MSR:apn Enclosures cc: Department of Real Estate w /enclosures City Council w/o enclosures City Manager w/o enclosures City Engineer w/o enclosures 273%1tr\burke.ssr r- ► t-F Cr I" o J 13777 FRUITVALE AVENUE • SARATOGA. CALIFORNIA 95070 • 140S1 86 _1343 COUNCIL \IEAWERS: MEMO Kzre^ A ^oerson 12-9-92 -0nn &!,ire 5uro h;. n; a TO: Planning Director FROM: City Engineer a.. SUBJECT: Trail Development Checklist --------------------------------- Not too long ago, you and I developed a checklist for keeping track of the various steps and approvals which should occur in the trail development process. We identified three different categories of projects on which trail development conditions could be attached and for which the checklist should be used. The three types of projects are: I. New subdivisions. 2. Design Review approvals where an unimproved trail easement exists. 3. Design Review approvals where no trail easement exists. Attached are three versions of the checklist, one for each of the three types of projects. The checklists should be used by the project planners and kept in the project files readily available. The project planner will be primarily responsible for maintaining the checklist for each project and ensuring that the various signatures required for each step in the process are obtained, although the City Engineer and /or Maintenance Director may need to assume responsibility for the checklist during certain steps in the process, e.g. when improvement plans are developed or when the trail needs to be inspected for acceptance or when final acceptance of the trail improvememts needs to be made by the City Council. However, I believe it is imperative that the checklist remain in the proiect file once it is put into use and should not ever be removed from the file. Please review the three versions of the checklist and let me know if they differ from what we previously worked out. If not, then You should review the. use of the checklists with your staff and they should start using them with all pending applications. If there are any questions about this, please see me. cc: City Manager Maintenance Director o 6e, w SUBDIVISION APPROVAL ,�' � O O � � w 4 •� � w '� Jw �' �� V q w q y w 'A V aw V '� O �O �,� vV qr .Z� CCU .47 V c PARKS & REC. COMMISSION Maint. Director X X x Maint. Director x PLANNING COMMISSION Planning Director � X X X PLANNING DEPARTMENT Planning Director X x x v A ENGINEERING DEPARTMENT x City Engineer City Engineer City Engineer x X City Engineer MAINTENANCE DEPARTMENT Maint. Director Maint. Director Maint. Director Maint. Director X CITY COUNCIL x x X City Clerk Trial Development Checklist Case 2 - Design Review Approvals - Existing Unimproved Trail Easements Application No.: Address: Owner/Developer: Step 1. Approval of Trail Design. 2. Approval of Trail Construction. 3. Approved for Final Acceptance. Approvals Required 1. Maintenance Director 2. City Manager 3. Maintenance Director 4. City Engineer 5. Parks & Rec. Commission 6. Maintenance Director 7. City Engineer k IS DESIGN klAlt tcl� �O '0 REVIEW �'� O C� 0 �• jc Ar _ IT. � Ot t w (existing trail Ukl easement - �• t4�4 4 O UO O ' �U T � unimproved) w47 - V O PARKS Bic REC. X Director Maint . Y COMMISSION L 1 PLANNING COMMISSION X PLANNING DEPARTMENT X X X X X ENGINEERING X X city city DEPARTMENT Engineer Engineer X City Engineer 1AINTENANCE v Maint. Maint. Maint. XPARTMENT A Director Director X Director 'ITY COUNCIL X X X X X X Trail Development Checklist Case 3 - Design Review Approvals - New Trails Application No.: Address: Owner /Developer: BJLU 1. Approval of Trail Alignment. 2. Secure Offer of Dedication. 3. Approval of Trail Design. 4. Approval of Trail Construction. 5. Approved for Final Acceptance. 6. Accept and Record Offer of Dedication. Approvals R2a ire 1. Parks & Rec. Commission 2. Planning Commission 3. Planning Director 4. Planning Director 5. Maintenance Director 6. City Engineer 7. Maintenance Director 8. City Engineer 9. Parks & Rec. Commission 10. Maintenance Director 11. City Engineer 12. City Engineer 13. City Clerk DESIGN ,Z p k, Ir: ,Z A4 co w� k V O V �' W 0 REVIEW (new trail) ,Z O w O ,�• Jw �� 0) O k, W 4 O - Q qc Q O V O PARKS fit. REC. COMMISSION Maint. Director X X Maint. Director X PLANNING COMMISSION Planning Director X PLANNING )EPARTMENT Planning Director Planning Director x x x x x ?NGINEERING )E PARTMENT Y x x Engineer g neer En g neer Engineer X City Engineer City Engineer !AINTENANCE )EPARTMENT x x Maint. Director Maint. Director X Maint. .Director X ITY COUNCIL x x X x City Clerk February 18, 1993 M E M O R A N D U M TO: James Walgren, Planning Department I FROM: Parks & Recreation Commission SUBJECT: SD -92 -008 19855 DOUGLASS LANE Dedicate pedestrian /equestrian easement along the southerly boundary which will extend the existing pedestrian easement at the southwest corner of the subdivision to Taos Drive. Easement to be located adjacent to Douglass Lane street right -of -way. Prior to issuance of any certificates of occupancy and subject to the review and approval of the Parks and Recreation Commission, the applicant shall improve the pedestrian /equestrian easement within the development to the '1 "Trail Design Standards and Details" called out in Chapter 3.7 of the City's Parks and Trails Master Plan. )c Such improvements to include asphalt surfacing for the pathway and the 1 construction of an off -road vehicle barrier where it depar--z, from the southwest corner of the subdivision. lE mt 'E c f ti n 9L1 F ,Ogr'�E'' (0919'T @2 0&MZ1XQ)0e& 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 867 -3438 COUNCIL. MEMBERS: Karen Anderson Ann Mane Burger Willem Kohler Victor Monia Karen Tucker September 14, 1993 Tom Burke, Sr., Secretary Harbor Builders Co., Inc. 691 N. Mathilda Ave. Sunnyvale, CA 94086 Subject: Completion of Improvements in Tract No. 7761 Dear Mr. Burke: It is my understanding that within the very near future, Stevens Creek Quarry, working under contract to Harbor Builders, will commence work within Tract No. 7761 to solve the ongoing erosion problem in Quarry Creek behind lots 17 through 23 up to a maximum cost of $135,000. This work will involve the installation of a series of rock rip -rap drop structures and related drainage improvements which were designed under the City's direction. The improvements are shown on a plan entitled "Mt. Eden Estates Drainage" consisting of four sheets, said plan having received the necessary permits and approvals from the U.S. Army Corps of Engineers, the California Regional Water Quality Control Board and the California Dept. of Fish and Game. All work will be performed in accordance with this approved plan subject to inspection by the City and also, in accordance with all conditions imposed on the project by the aforementioned regulatory agencies. It is agreed that Stevens Creek Quarry will be paid from the remaining balance of the $80,000 cash bond deposited with the City by Harbor Builders as security for the "Settlement and Maintenance Agreement by and between the City of Saratoga and Harbor Builders Co., Inc." dated November 20, 1990. The remaining balance as of this date is approximately $75,000. The additional $60,000, up to the maximum of $135,000, will be paid to Stevens Creek Quarry directly by Harbor Builders Co., Inc. Upon satisfactory completion of this work, Harbor Builders will have fulfilled all of the requirements of the Settlement and Maintenance Agreement referenced above. At such time, Harbor Builders will have no further obligations to the City, financial or otherwise, for anything related to Tract No. 7761. Furthermore, along with performing this work, it is understood that Harbor Builders is not admitting that any previous work performed in Tract No. 7761 was done in any way other than in a good and workmanlike manner. If you have any questions about this, please give me a call. Sincerely, f' Larry I. Perlin Director of Public Works 7'fRI LYNN BARON 19830 Vta1Fscue1wE)r. Saratuga, Cpl 95070 408 741 -0954 Fagv408 867 -6100 e.- ma%LtUm#-&w@ a.oLcom • 6 -6 -98 City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 Attn: James Walgren, Community Development Director RE: Mt. Eden Estates Subdivision, Tract #7761, Lot 18,DR —96 -014, Lot 23 DR -95 -011 Dear Mr. Walgren: Both of the above mentioned lots are currently being built on. The lots also include dedicated trail easements. As the developer appears to have not improved these trail easements as required by the subdivision map, I request that the owners of the lots now improve these trails up to the standards as indicated in the Parks and Trails Master Plan, 1991. These improvements have long been needed. I use this trail just about every day and know of many more who use this trail consistently as well. It provides a major link to access the Garrod property and the Fremont Older Open Space from Via Regina and Quarry Road. I will be happy to provide any assistance I can to make sure these trail improvements are done prior to final approval of the houses for occupancy. Sincerely, Teri Lynn Baron Cc: Larry Perlin, City Manager Planning Commission Parks and Recreation Commission Brad Lind, Building Dept. John & Lisa Payne, Owner Lot 18 Edward & Carol Cornell, Owner Lot 23 TERI LYNN BARON 19830 V1a1EvAw1,wVr. Saratoga; CA 95070 408 741 -0954 Fax408 867 -6100 e,mail, tUxwo v @ aob c&nv 7 -6 -98 City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 Attn: James Walgren, Community Development Director RE: Mt. Eden Estates Subdivision, Tract #7761, Lot 11, DR -98 -003 APN# 503 -78 -029 Dear Mr. Walgren: The above mentioned property owner has recently applied for a building permit on the site. Located on the site is a dedicated trail easement that has not been improved as it was supposed to have been when the original subdivision was done. I would like to request at this time that as a condition to any approval for building that this trail be improved per the standards as indicated in the Parks and Trails Master Plan, 1991. In addition, this particular lot has a non - dedicated trail running through the proposed building pad that has been used since the subdivision was done. This trail segment, listed on the attached map, is not a dedicated easement, but provides an important link with other trails. I would like to propose that this trail segment be relocated along the eastern property line from Villa Oaks to hook up with the dedicated trail easement. I would like this to be a condition of approval for building and that this trail also be dedicated and improved per the above mentioned standards. These improvements have long been needed. I use this trail just about everyday and know of many more who use this trail consistently as well. It provides a major link to access the Garrod property and the Fremont Older Open Space District. This request is consistent with the Hillside Specific Plan, 1994, page 12, Trails and Pathways adopted by the Planning Commission and the City Council. I would be happy to provide any assistance I can to make sure these trail improvements are done. Sincerely, Teri Lynn Baron Cc: Larry Perlin, City Manager Planning Commission Parks and Recreation Commission Jack Douglass, Owner TERI LYNN BARON 19830 Wct Escueta/Dr. Saratvya, CA 95070 408 741 -0954 Fa,P408 867 -6100 e -ma&tU w&w@ aaLcom 8 -24 -98 rw, City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 Attn: Parks & Recreation committee members Marianne Swan and Sheila Ioannou, Trails Sub- committee RE: Lot 18, Mt Eden Estates, DR -96 -014, 21789 Villa Oaks Rd. (formerly 13485 Villa Oaks) Dear Marianne and Sheila: I spoke with the owner of the above mentioned property regarding the trail improvements on this site. The owner indicated that James Walgren told them they could just put bark down on the trail in a 4ft. wide swath. I then spoke with James Walgren on this matter and asked if the trail improvements had been brought before the commission for their referral on trail improvements. He indicated that this lot had been before the commission and that the commission had a "no comment" referral. James said that if the matter needed to be looked at again, I should contact the commission. This particular lot needs to be looked at again. I do not believe bark chips will be adequate to maintain a trail through this lot. The segment of the trail that goes past the house that is on level ground is of a high clay content and gets really bogged down in the winter. This area should have a compacted decomposed granite surface, both for safety issues as well as future maintenance costs. The segment of the trail that goes up the hill also gets bogged down and should be graded sufficiently for water run -off and erosion control. The standards for the trail should be followed per the recommendations in the Parks and Trails Master Plan. That is one of the reasons this document was produced. If the trail is put in correctly the first time, the property owner will benefit by having a trail that isn't an eyesore and the city will benefit by lower maintenance costs as well as a safer trail. Please give this your immediate attention as the house is almost ready for occupancy. Thank you, Teri Lynn Baron Cc: James Walgren, Community Development Director Larry Perlin, City Manager O F F I C E O F C O U N T Y A S S E S S O R S A N t A C L A R A C O U N T Y , C A L I F O R N I A P. LL 641 -M -29 1 J r� to >� ,t1 V Q TRACT NO. 7761 AMENDED IZ m M 8001( PA6Y 503 78 N s�. s PTN. PCL. 4 0,47 AC. 34 (IS.4] At, TOTAL) 69 i O LD l CRTs 1 (2/ LL EAS {M,' ctr.dl.. A, 1tri w.1997 -48 X� ( LJTS / 2%0j S 9 Dtii u.xva c sTac - Assssa¢ LD S GU z NTc-Y k �[- * Q url l iuV 1 N� I 07000 PI "-d O (S 21 �wS av f-'C� TO 601 , T j Lc-T( 0,�) Q T L` ti (� -cuel z TO 5 i"IV—oArW S . a sr - t z 0 0 �J jC7 O -b 0 -o z -n 0 —3 C*'f r 00 - -J N -o 0 0