HomeMy WebLinkAboutCity Council Resolution 12-049 Approving Final Annexation Area of 22600 Mt Eden Road - GarrodRESOLUTION NO. 12-049
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING ANNEXATION TO THE CITY OF SARATOGA
OF TERRITORY LOCATED IN THE AREA OF 22600 MOUNT EDEN ROAD
GARROD TRUST, HAWKES TRUST AND HOANG/NGUYEN PROPERTY
WHEREAS, the City Council is considering the annexation of approximately 70 acres of
real property, hereinafter referred to as 'the territory', Garrod Trust APNs 503-11-008 and 009;
503-10-044, 065 and 067; and 503-74-001, 002, 003, and 004; Hawkes Trust APN 503-10-003;
and Hoang/Nguyen APN 503-11-006, all contiguous to the City of Saratoga and described in
Exhibits "A" (legal description) and "B" (plat map) attached hereto; and
WHEREAS, concurrent with annexation, the Garrod Trust portion of the territory
together with all adjacent Garrod Trust Property already inside the City boundary shall become
restricted by a Land Conservation (Williamson Act) Contract, and be made subject to the
following: a Development Agreement (with conforming status determination); an Agricultural
Preserve/Open Space (AP/OS) Overlay Zoning District; and a Conditional Use Permit (all as part
of the "integrated annexation proceedings" for the Garrod Trust portion of the territory); and
WHEREAS, the City Council has determined these integrated annexation proceedings to
be exempt from the California Environmental Quality Act (CEQA) under: (1) CEQA Guideline
15319 which exempts annexations to a city of areas containing existing private uses and
structures developed to the density allowed by the current zoning or pre -zoning of either the
gaining or losing governmental agency whichever is more restrictive, provided, however, that the
extension of utility services to the existing facilities would have a capacity to serve only the
existing facilities; and (2) CEQA Guidelines Sections 15308 and 15061(b)(3) which further
exempt these integrated annexation proceedings because they will all impose equal or greater
land use restrictions on the annexed property than currently exist (including by imposing certain
parameters and use permit conditions on the Garrod Trust Property for the first time), will
involve no physical change to the environment, will assure the maintenance, restoration,
enhancement, or protection of the environment, and it can be seen with certainty that there is no
possibility that the integrated annexation proceedings may have a significant effect on the
environment; and
WHEREAS, as provided in Government Code Section 56757, the City Council of the
City of Saratoga is the conducting authority for the annexation; and
WHEREAS, the territory to be annexed in the area of 22600 Mount Eden Road is in the
City of Saratoga's Urban Service Area and Sphere of Influence, has a Pre -General Plan
designation of OS -H (Hillside -Open Space), and is pre -zoned either R -OS (Residential Open -
Resolution Approving Annexation of Property in the area of 22600 Mount Eden Road Page 1
Space) or HR (Hillside Residential) and the Garrod Trust Property will be subject to a
Development Agreement, a Combined Land Conservation (Williamson Act) Contract and
AP/OS (Agricultural Preserve -Open Space) Overlay Zoning concurrent with the effective date of
this annexation; and
WHEREAS, upon approval of initiation of annexation on November 17, 2010 (as
amended August 15, 2012), the integrated annexation package were referred to the Planning
Commission which approved the Conditional Use Permit and gave favorable recommendations
to all other aspects of the integrated annexation package after public hearing on June 27, 2012,
and are now being returned to the City Council for final action on the actual Annexation
Approval (and as to the Garrod Trust Property only, a Land Conservation (Williamson Act)
Contract, a Zoning Amendment adding AP/OS Overlay Zoning, and a Development Agreement
[with conforming status determination]); and
WHEREAS, because there is one hundred percent (100%) owner consent for the
annexation proceedings, no notice, public hearing or election will be required for annexation
approval by the City (although voluntary notice was provided and public hearing conducted);
and
WHEREAS, protest proceedings are being waived pursuant to Government Code
Section 56375.3 based on the absence of objections from local agencies providing public
services to the territory being annexed, the full owner consent and the findings made by the City
Council below.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Saratoga hereby makes the following findings:
A. That the annexation is exempt from the California Environmental Quality Act
(CEQA) pursuant to sections 15319, 15308 and 15061(b)(3) of the CEQA Guidelines.
B. That the unincorporated territory to be annexed is within the Sphere of Influence and
the Urban Service Area of the City as adopted by the Santa Clara County Local Agency
Formation Commission.
C. That the Santa Clara County Surveyor has made a final determination that the
boundaries of the area proposed to be annexed are definite and certain, and in compliance
with LAFCO's road annexation policies.
D. That the proposal does not split lines of assessment or ownership and that this fact
has been confirmed by the Santa Clara County Assessor's Office.
E. That the proposal does not create islands or areas in which it would be difficult to
provide municipal services.
Resolution Approving Annexation of Property in the area of 22600 Mount Eden Road Page 2
F. That the proposal will be consistent with the General Plan and Zoning of the City in
that:
1. The Properties proposed for annexation have a Pre -General Plan designation
of OS -H (Hillside -Open Space) and are pre -zoned as R -OS (Residential -Open
Space), except for the Hawkes Trust Property which is pre -zoned HR (Hillside
Residential).
2. As to the Garrod Trust Property only, AP/OS (Agricultural Preserve -Open
Space) Overlay Zoning is being added concurrent with this annexation as
required by the General Plan due to the entirety of the Garrod Trust Property
being under a Land Conservation (Williamson Act) Contract.
G. That the territory is contiguous to the existing City limits.
H. That the City has complied with all conditions imposed by LAFCO for inclusion of
the territory in the Urban Service Area of the City.
I. That all property owners within the annexation area have been informed of these
Proceedings, have given their written consent, and no opposition has been received.
J. That under Government Code § 56375.3 the City is authorized to waive protest
proceedings entirely pursuant to Part 4 (commencing with Section 57000), based on the
following findings hereby being made by the Saratoga City Council:
1. The annexation is initiated on or after January 1, 2000, and before January 1,
2014.
2. The annexation is proposed by resolution adopted by the City of Saratoga, the
affected city.
3. The territory contained in the annexation proposal meets all of the
requirements set forth in finding J.4 below.
4. The territory to be annexed meets all of the following requirements:
(a) It does not exceed 150 acres in area, and that area constitutes the entire
island being annexed.
(b) The territory constitutes an entire unincorporated island located within
the limits of the City of Saratoga.
(c) The territory is surrounded in either of the following ways:
(1) Surrounded, or substantially surrounded, by the city to which
annexation is proposed or by the city and a county boundary.
(2) Surrounded by the city to which annexation is proposed and the
adjacent City of Cupertino.
Resolution Approving Annexation of Property in the area of 22600 Mount Eden Road Page 3
(d) The territory is substantially developed or developing, based upon one
or more factors, including, but not limited to, any of the following factors:
(1) The availability of public utility services.
(2) The presence of public improvements.
(3) The presence of physical improvements upon the parcel or
parcels within the area.
(e) The territory is not prime agricultural land, as defined by Section
56064 and as found by LAFCO.
(f) The territory will benefit from the change of organization or
reorganization or is receiving benefits from the annexing city.
BE IT FURTHER RESOLVED that the City Council of the City of Saratoga hereby approves
the annexation of the Garrod Trust, Hawkes Trust and Hoang/Nguyen Properties described in
Exhibits "A" (legal description) and "B" (plat map) attached hereto and also described as
follows: Garrod Trust APNs 503-11-008 and 009; 503-10-044, 065 and 067; and 503-74-001,
002, 003; and 004; Hawkes Trust APN 503-10-003; and Hoang/Nguyen APN 503-11-006.
BE IT FURTHER RESOLVED that the City Council of the City of Saratoga hereby requires,
as to the Garrod Trust Property only and concurrent with the effective date of the annexation
approved below, that all final City actions be deemed hereby taken as to approval of, and/or
rendering effective, the following: the Land Conservation (Williamson Act) Contract (in the
form attached hereto as Exhibit C), the Zoning Ordinance Amendment adding Agricultural
Preserve/Open Space (AP/OS) Overlay Zoning (in the form attached hereto as Exhibit D), the
Development Agreement Ordinance (in the form attached hereto as Exhibit E) and the
Conditional Use Permit approved by the Planning Commission on June 27, 2012.
BE IT FURTHER RESOLVED that upon receipt by the City Clerk of the above -referenced
determination by the County Surveyor, the annexation of the parcel is hereby ordered without
any further protest proceedings and that upon completion of these proceedings the territory will
be annexed to the City of Saratoga effective on the last effective date of the Zoning Ordinance
Amendment adding Agricultural Preserve/Open Space (AP/OS) Overlay Zoning and the
Development Agreement and upon LAFCO issuance of a Certificate of Completion for these
annexation proceedings.
BE IT FURTHER RESOLVED that pursuant to said annexation receiving a Certificate of
Completion from LAFCO the City will receive taxes upon in accordance with the previously
approved tax exchange agreement with the County of Santa Clara.
Resolution Approving Annexation of Property in the area of 22600 Mount Eden Road Page 4
PASSED AND ADOPTED by the Saratoga City Council, State of California, the 15`x' day of
August, 2012 by the following roll call vote:
AYES: Council Member Manny Cappello, Emily Lo, Howard Miller, Vice Mayor Jill
Hunter, Mayor Chuck Page
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
M,oravy
rystl Morrow, City Clerk
Chuck Page
MAYOR, CITY OF SARAT $ , CALI ORNIA
DATE: 6i2 2°
Resolution Approving Annexation of Property in the area of 22600 Mount Eden Road Page 5
Exhibit A
EXHIBIT "A"
A PORTION OF EAST 1/2 OF SECTION 34 T.7 S., R.2 W., M.D.B.
22600 MT. EDEN ROAD (GARROD FARMS) ANNEXATION
TO CITY OF SARATOGA
All that land situated in the County of Santa Clara, State of California, being a portion of the East half
of Section 34 Township 7 South, Range 2 West M.D.B. & M., described as follows:
Beginning at the section corner of Sections 34 and 35, Township 7 South, Range 2 West and Section 3
and 2 Township 8 South, Range 2 West M. D. B. & M. as shown on the Record of Survey Map
recorded in Book 216 of maps at Page 37, Santa Clara County Records and the westerly limit of the
City of Saratoga as established by Original Incorporation dated October 22, 1956;
Thence (1) along the existing city limit as established by 22461 Mt. Eden Road annexation to the
easterly right of way line of Mt. Eden Road (width varies) and continuing along the Southerly section
line of Section 34 South 88 Degrees 32 Minutes 22 Seconds West a total length of 138.57 feet to the
Westerly right of way line of Mt. Eden Road (width varies);
Thence (2) along said right of way line North 43 Degrees 44 Minutes 51 Seconds East a length of
72.32 feet;
Thence (3) 144.20 feet along a tangent curve to the left, said curve having a radius of 130.00 feet and
a delta 63 Degrees 33 Minutes 17 Seconds;
Thence (4) North 19 Degrees 48 Minutes 26 Seconds West a length of 70.51 feet;
Thence (5) leaving said right of way line South 63 Degrees 27 Minutes 57 Seconds West a length of
168.63 feet;
Thence (6) South 29 Degrees 19 Minutes 34 seconds West a length of 209.06 feet to the Southerly
Section line of Section 34;
Thence (7) along the Southerly section line of Section 34 South 88 Degrees 32 Minutes 20 Seconds
West a length of 599.74 feet;
Thence (8) leaving said section line North 11 Degrees 30 Minutes East a length of 110.22 feet;
Thence (9) North 19 Degrees 45 Minutes 00 Seconds East a length of 138.60 feet;
Thence (10) North 3 Degrees 30 Minutes 00 Seconds East a length of 170.94 feet;
Thence (11) North 60 Degrees 05 Minutes 00 Seconds East a length of 163.02 feet;
Thence (12) North 39 Degrees 00 Minutes 00 Seconds East alength of 151.14 feet;
Thence (13) North 6 Degrees 30 Minutes 00 Seconds West a length of 45.54 feet;
Thence (14) North 24 Degrees 00 Minutes 00 Seconds East a length of 194.19 feet to the Southerly
right of way line of Mount Eden Road;
Thence (15) along said right of way line North 71 Degrees 21 Minutes 36 Seconds West a length of
87.60 feet;
Thence (16) South 84 Degrees 38 Minutes 17 Seconds West a length of 51.63 feet;
Thence (17) North 71 Degrees 48 Minutes 19 Seconds West a length of 373.10 feet;
"Thence (18) North 24 Degrees 06 Minutes 01 Seconds West a length of 204.84 feet;
Thence (19) North 9 Degrees 00 Minutes 44 Seconds West a length of 136.24 feet;
Thence (20) North 12 Degrees 23 Minutes 23 Seconds East a length of 55.90 feet;
Thence (21) North 56 Degrees 49 Minutes 11 Seconds West a length of 75.95 feet;
Thence (22) North 41 Degrees 46 Minutes 23 Seconds West a length of 160.70 feet;
Thence (23) North 83 Degrees 10 Minutes 21 Seconds West a length of 48.64 feet;
Thence (24) leaving said Southerly right of way line North 6 Degrees 49 Minutes 39 Seconds East a
length of 40.00 feet;
Thence (25) North 14 Degrees 15 Minutes 00 Seconds West a Length of 105.51 feet;
Thence (26) North 4 Degrees 00 Minutes 00 Seconds West a length of 974.82 feet to the Southerly
city limit of City of Cupertino established by "Stevens Creek No. 13" on September 12, 1961;
Thence (27) along said city limit North 64 Degrees 00 Minutes 00 Seconds East a length. of 135.96
feet;
Thence (28) North 00 Degrees 00 Minutes 00 Seconds East a length of 34.70 feet;
Thence (29) leaving said city limit North 81 Degrees 08 Minutes 59 Seconds East a length of 413.40
feet;
Thence (30) North 81 Degrees 11 Minutes 54 Seconds East a length 69.77 feet;
Thence (31) North 8 Degrees 48 Minutes 06 Seconds West a length of 120.00 feet;
Thence (32) North 81 Degrees 11 Minutes 51 Seconds East a length of 120.00 feet;
Thence (33) South 8 Degrees 48 Minutes 06 Seconds East a length of 120.00 feet;
Thence (34) South 81 Degrees 29 Minutes 03 Seconds East a length of 263.37 feet to the Southerly
city limit of City of Cupertino established by "Stevens Creek No 13" on September 12, 1961;
Thence (35) along said city !'unit South 55 Degrees 00 Minutes 04 Seconds East a length of 566.39
feet to the Westerly city limit of City of Saratoga established by "Original Incorporation" on October
22, 1956, and the Easterly section line of Section 34;
Thence (36) along the Westerly city limit and Easterly section line, South 0 Degrees 07 Minutes 32
Seconds West a length of 2427.12 feet to the point of beginning.
Containing 69.34 acres more or less.
Disclaimer:
"For assessment purposes only. This description of land is not a legal property description as defined
in the Subdivision Map Act and may not be used as the basis for an offer for sale of the land
described."
Revised July 13, 2012
05.4
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APN include:
503-74-004
503-11-009
503-11-008
503-74-002
55 00 33 : 77 44 i 00 00 31
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50A3p-N11i-n0c016ude:
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503-10-003
•
1111
APN include:
503-10-065
.
503-10-067
503-10-044
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44
.....4.. i..i.i....iiiiotiiii. . . ... ..i... '
RRY
iAINNIWAINIVARIL*4
Legend
ROS - Residential Open Space
ROS (AP/OS) - Residential Open Space (with Agriculture Preserve / Open Space Overlay)
=amino City Limit - Proposed
num.,. City Limit - Existing Exhibit A
HR - Hillside Residential
HR (AP/OS) - Hillside Residential (with Agriculture Preserve / Open Space Overlay)
Exhibit B
CITY OF UPERTINO
ANNEXATION STEVENSICREEK #13 la
SEPTEMBER 12, 1961
(32) N81 1'51"E 120,00'
(31) N8'48' "W 120.00'
(30) N81'11'54"E 69.77'
N508'59
29
(28) N00'00'00"E 34.70
(27) N64'00 00 E 135.96
GARROD \INCE S.
1 APN 503-74-004
r
1”--=500'
(25) N14'15'00"W 105.5
(24) N6'49'39"E 40.00'
(23) N83.10'21"W 48.64'
(22) N41'46'23"W 160.70'
(21) N56'49'11"W 75.95'
(20) N12'23'23"E 55.90'
(19) N9'00'44"W 136.24'
(18) N24'06'01"W 204.84'
(17) N71'48'19"W 373.10' "•
(15) N71'21'36"W 87.60'
(14) N24'00'00"E 194.19'
(13) N06'30'00"W 45.54'
(12) N39'00'00"E 151.14'
(11) N60'05'00"E 163,02
GARROD VINCE S.
PN 503-74-00
CITY OF STEVENS
ANNEXATION STEVENS CREEK #13
SEPTEMBER 12, 1961
NN ,—(33) S8'48'06"E
120.00'
GARROD VINCE S.
APN 503-11-009
(10) NO3'30'00"E 170.94'
(9) N19'45'00"E
138.60'
(8) N11.30'00"E
110.22'
s•
LEGEND
PROPERTY LINE
CENTERLINE
EX. SARATOGA CITY LIMIT —•
LIMIT OF ANNEXATION
EX. CUPERTINO CITY LIMIT
AREA 69,34 acres more or less
116.1 ale MillitaiMidEM9111
(36) S0'07'32"W 2427,12'
Disclaimer:
"For assessment purposes only. this description of
land Is not a legal property description as defined in
the Subdivision Map Act and may not be used as
the basis for an offer for sale of the land
described."
CITY OF SARATOGA
ORIGINAL INCORPORATION
OCTOBER 22, 1956
HOAG ALEXANDRA NGUYEN LONG
APN 503-11-006
GARROD VINCE S.
APN 503-74-001
HAWKES ANITA
APN 503-10-003
ARROD VINCE S
APN 503-10-06
(5) S6327'57"W
168.63'
(6) S2919'34"W
209.06'
71.S88'32.20"W
599 141
(1) 588'32.22"W
138.57'
VICINITY MAP
N.T.S.
l
MT. EDEN RD.
(WIDTH VARIES)
(4) N19'48'26"W 70.51'
(3) R=130' L=144.20'
=6'3'x,3'17"
(2) N430'4451 E 72,32'
POINT OF BEGINNING
CITY OF SARATOGA 22461 MT. EDEN ROAD ANNEXATION
SEPTEMBER 23, 2005
BEING A PORTION OF EAST 1/2 OF SECTION 34,
T.7 S., R.2 W., M.D.B.
EXHIBIT
PROPOSED ANNEXATION TO
CITY OF SARATOGA
ENTITLED 22600 MT. EDEN ROAD
(GARROD FARMS)
ANNE ATION
DATE: March 2010 JOB. NO. 2010-013
BY: HARRY BABICKA
REVISED: JULY 13, 2012
SHEET 1 OF 1
WESTFALL ENGINEERS, INC.
SARATOGA, CALIFORNIA
RECORDING REQUESTED BY:
CITY OF SARATOGA
AFTER RECORDATION RETURN T0:
CITY OF SARATOGA
Attn: City Clerk
13777 Fruitvale Avenue
Saratoga, CA 95070
THIS SPACE FOlt RECORDER'S USE
LAND CONSERVATION CONTRACT
(California Land Conservation Act of 1965 — Williamson Act)
FOR RECORDATION WITH THE RECORDER'S OFFICE
OF THE COUNTY OF SANTA CLARA
GARROD TR UST SAND CONSERVATION CONTRACT FOR ALL PROPERTY IN CITY OF
SARATOGA AFTER 2012 ANNEXATION
Page 1
LAND CONSERVATION CONTRACT
This is a Land Conservation Contract (the "Williamson Act Contract") between the CITY
OF SARATOGA (the "City"), and GARROD TRUST and/or any successors thereof (the
"Owner").
A. WHEREAS, Owner is the owner of a certain parcel of real property (approximately 68
acres) developed with a Winery/Equestrian Facility located in the County of Santa Clara within
the City Sphere of Influence and Urban Service Area and more particularly described in Exhibit
A, attached hereto and incorporated herein by this reference ("Property to be Annexed" or
"Annexation Property") which said Property is subject to a Williamson Act Contract with the
County of Santa Clara dated December 24, 2001, and pursuant to Government Code Section
51243 when the Property is annexed to the City of Saratoga in 2012, the City will succeed to all
rights, duties, and powers of the County under the Contract.
B. WHEREAS, Owner is also the owner of a certain parcel of real property (approximately
51 acres in size) adjoining the Property to be Annexed and located entirely within the City of
Saratoga and more particularly described in Exhibit B, attached hereto and incorporated herein
by this reference ("Principal Property"), which said Principal Property is subject to a Williamson
Act Contract with the City of Saratoga executed November 21, 1970. The Principal Property is
currently developed with three dwelling units, a hay barn, miscellaneous covered horse paddocks
horse riding academy, buildings, and metal shop and an administrative office.
C. WHEREAS, concurrent with annexation of the Property to be Annexed to the City,
Owner shall rescind the Williamson Act Contracts for the Property to be Annexed and the
Principal Property already in the City and simultaneously re-enter a Williamson Act Contract
covering the entire Property in the City after the 2012 Annexation ("Resulting Property" or
"Property").
D. WHEREAS, the Resulting Property is presently devoted to agricultural or open space
uses and uses compatible thereto;
E. WHEREAS, both Owner and City desire to restrict the use of the Resulting Property to
agricultural, open space and uses compatible thereto; and
F. WHEREAS, the parties have determined that the highest and best use for the Resulting
Property during the term of this Land Conservation Contract, or any renewal thereof, shall be for
agriculture, open space and uses compatible thereto.
GARROD TRUST LAND CONSERVATION CONTRACT FOR ALL PROPERTY IN CITY OF
SARATOGA AFTER 2012 ANNEXATION
Page 2
AGREEMENT
NOW THEREFORE, City and Owner agree as follows:
1. CONTRACT SUBJECT TO LAND CONSERVATION ACT OF 1965
This Contract is entered into pursuant to Chapter 7 (commencing with Section 51200) of
Part 1, Division 1, Title 5 of the Government Code, which is known as the California Land
Conservation Act of 1965 or the Williamson Act, hereinafter referred to as the "Act." This
Contract is subject to all of the provisions of that Act including any amendments thereto which
may hereafter be enacted.
2. RESTRICTIONS ON USE OF PROPERTY
During the term of this Contract, and any and all renewals thereof, the Property shall not
be used for any purpose other than the agricultural, open space and recreational uses and uses
compatible thereto. A list of all such compatible uses is set forth in Exhibit C, attached hereto
and by this reference incorporated herein.
City may from time to time during the term of this Contract and all renewals thereof, add
to the list of compatible uses additional uses which shall apply uniformly to all property located
in the agricultural preserve in which the Property is located; provided, however, City may not
during the term of this Contract or any renewal thereof, without the prior written consent of
Owner, remove any of the compatible uses for the subject Property which are set forth in Exhibit
C. The provisions of this Contract and any supplementary list of compatible uses are not
intended to limit or supersede the planning and zoning powers of City.
3. RESTRICTIONS ON SUBDIVISION OF PROPERTY
In order to be subdivided, the Property must satisfy certain additional requirements of
California law (including but not limited to any limitations imposed by the Williamson Act or
the Subdivision Map Act) for division of land, or lot line adjustment of land, which is subject to
a contract under the Act.
4. TERM OF CONTRACT
This Contract shall become effective on the date of execution by the City and shall
remain in full force and effect for an initial term of ten years, which term shall commence on one
of the dates specified below in this paragraph. If the date of execution of this Contract is between
March 2 and December 31, the initial term of ten years shall commence as of the first day of
January next succeeding the date of execution. If the date of execution of this Contract is
between January 1 and March 1, the initial term of ten years shall commence as of the first day
of January of the year of execution. Each succeeding first day of January shall be deemed to be
the annual renewal date of this Contract. This Contract shall be renewed automatically on each
GARROD TRUST LAND CONSERVATION CONTRACT FOR ALL PROPERTY IN CITY OF
SARATOGA AFTER 2012 ANNEXATION
Page 3
succeeding January 1 and one additional year shall be added automatically to the initial term
unless notice of nonrenewal is given as provided in Paragraph 5.
5. NOTICE OF NONRENEWAL
(a) If either party desires in any year not to renew this Contract, that party shall serve
written notice of nonrenewal upon the other party in advance of the annual renewal date
of this Contract. Unless such written notice of nonrenewal is served by Owner at least 90
days prior to the renewal date, or by City at least 60 days prior to the renewal date, this
Contract automatically shall be renewed for an additional year as provided in Paragraph 4
above.
(b) In the event that City serves written notice of nonrenewal of this Contract, the
Owner, within ten (10) days after receipt of such notice by Owner, may submit to City a
written protest of nonrenewal. The City's notice shall be deemed to have been received
on the date delivered in person, or the date of delivery receipt from the overnight carrier,
or five days after deposit with the United States Post Office. City may at any time prior
to the next following renewal date thereafter, withdraw such notice of nonrenewal and, in
such event, this Contract shall continue as if no such notice of nonrenewal had been
served.
(c) If either party serves written notice of nonrenewal in any year within the time
limits of (a) above, this Contract shall remain in effect for the balance of the term
remaining on the Contract as of the last automatic annual renewal. If the initial term of
the Contract was ten (10) years, the remaining term after notice of nonrenewal is nine
(9) years.
6. NO COMPENSATION
Owner shall not receive any payment from City in consideration of the obligation
imposed under this Contract, it being recognized and agreed that the consideration for the
execution of this Contract is the substantial benefit to be derived therefrom, and the advantage
that may accrue to owner as a result of the effect upon the assessed value of the Property on
account of the restrictions on the use of the Property contained herein.
7. SUCCESSORS IN INTEREST
This Contract and the restrictions imposed hereunder shall be binding upon, and inure to
the benefit of, all successors in interest of the Owner. Whenever any of the Property is divided,
the owner of any parcel of the original Property may exercise, independently of any other Owner
of a portion of the divided Property, any of the rights of the Owner in this Contract, including
the right to give notice of nonrenewal and to petition for cancellation. The effect of any such
action by the owner of a parcel created by the division of the Property shall not be imputed to the
other Owners of the remaining parcels and shall have no effect on this Contract as it applies
to the remaining parcels of the divided Property.
GARROD TRUST LAND CONSERVATION CONTRACT FOR ALL PROPERTY IN CITY OF
SARATOGA AFTER 2012 ANNEXATION
Page 4
8. CANCELLATION
This Contract may not be cancelled except pursuant to the provisions of the Act.
9. NOTICES
All notices required or permitted by this Contract, including notice of a change of
address, shall be in writing and given by personal delivery, by overnight carrier, or by first class
mail, addressed to the party intended to be notified. The notice shall be deemed to have been
given and received on the date delivered in person, or the date of delivery receipt from the
overnight carrier, or five days after deposit with the United States Post Office.
Notice to the CITY shall be addressed:
CITY OF SARATOGA, attn. CITY CLERK
City Hall
13777 Fruitvale Avenue
Saratoga, California 95070
Notice to Owner shall be addressed:
Garrod Trust
22600 Mount Eden Road
Saratoga, CA 95070
Attention: Jan Garrod
10 INVALIDITY
City may declare this Contract terminated if it (or another substantially similar Contract)
is declared invalid or ineffective in any court adjudication accepted by City as final, but no
cancellation fee or other penalties shall be assessed against Owner based upon such termination.
11. HOLDERS OF RECORD/INDEMNIFICATION
Owner represents and warrants that the persons signing below are the only persons with
legal and security interests in the Property and agrees to indemnify, defend and save harmless
(collectively "indemnify") the City from any and all claims, suits or losses caused by a breach of
this representation or warranty. This representation, warranty and agreement to indemnify, are
binding upon the Owner (including Owner's successors in interest). Signatures of holders of
security interests shall only be evidence of notice of the Contract and acceptance by the holders
of security interests of the binding restrictions herein.
Pursuant to Government Code section 51238.5 subdivision (a), the City hereby agrees to
indemnify Owner against all claims arising out of Owner permitting the use of the Property for
free public recreation, including trail use. Nothing herein waives any immunities or other legal
GARROD TRUST LAND CONSERVATION CONTRACT FOR ALL PROPERTY IN CITY OF
SARATOGA AFTER 2012 ANNEXATION
Page 5
Pursuant to Government Code section 51238.5 subdivision (a), the City hereby agrees to
indemnify Owner against all claims arising out of Owner permitting the use of the Property for
free public recreation, including trail use. Nothing herein waives any immunities or other legal
protections of the Owner or of the City as to use of the Property for free public recreation,
including trail use.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by
Owner and the City.
Date:
ATTEST: City Clerk
CITY OF SARATOGA
Crystal Morrow
Date:
Date:
Date:
APPROVED AS TO FORM:
Richard Taylor, City Attorney
Dave Anderson, City Manager
GARROD TRUST
By
Name/Title: James G. Cooper/Trustee
By
Name/Title: Victoria Bosworth/Trustee
By
Name/Title: Vince S. Garrod/Trustee
Peggy O'Laughlin, Attorney for GARROD TRUST
GARROD TRUST LAND CONSERVATION CONTRACT FOR ALL PROPERTY IN CITY OF
SARATOGA AFTER 20/2 ANNEXATION
Page 6
EXITIBTT A
Leal Description of Annexation Property
(A.pproximntely 68 acres)
Ai( thatiod shunted in,the Count, of Santa ClaraState_of California described as
follows:
Beginning at the section corner of Sections 34, 35, 3 and 2, Township 7 South Range 2
West M D. B, & M. as shown on the Record of Survey Map recorded in Book 216 of
maps at Page 37, Santa Clara County Records and the westerly limit of the City of
Saratoga as established by Original Incorporation dated October 22, 1956; .
Thence (1) leaving said city limit along the Southerly section line of Section 3.4 South 83
Degrees 32 Minutes 20 Seconds West a length of 133.55 feet to the Westerly right of way
line of Mt. Eden Road;
Thence (2) along said right away line North 43 Degrees 44 Minutes 51 Seconds East a
length of 72.32 feet;
Thence (3) 144.20 feet along a tangent curve to the left, said curie having a radius of
130.00 feet and a delta 63 Degrees 33 Minutes 17 Seconds;
Thence (4) North 19 Degrees 48 Minutes 26 Seconds West a length of 70.51 feet;
Thence (5) leaving said right of way line -South 63 Degrees 27 Minutes 57 Seconds West
a length of 168.63 feet;
Thence (6) South 29 Degrees 19 Minutes 34 seconds West a. length of 209.06 feet:
Thence (7) along the Southerly section line of Sectiori 34 South 33 Degrees 32 Minutes
20 Seconds West a length of 599.74 feet
Thence (8) leaving said section line North 11 Degrees 30 Mantes East a length of 110.22
feet;
Thence (9) North 19 Degrees 45 Minutes East a length of 138.60 feet;
Thence (10) North 3 Degrees 30 Minutes Last a length of 170.94 feet;
Thence (1 1) North 60 Degrees 05 Minutes East a. length of L63.02 feet;
Thence (12) North 39 Degrees 00 Minutes East a length of 151.14 feet;
Thence (13) North 6 Degrees 30 Minutes West a length of 45.54 feet;
Thence (14) North 24 Degrees 00 Minutes East a length of 194.19 feet to the Southerly
right of way line of iviount Eden Road;
Thence (15) along said right of way line North 72 Degrees 31 Minutes 32 Seconds West
a length of 91.80 feet;
Thence (16) South 84 Degrees 38 Minutes 46 Seconds West a length 01 47.05 Feet;
Thence (17) North 71 Degrees 43 Minutes 19 Seconds West a length of 373.10 feet;
Thence (18) North 24 Degrees 06 Minutes 01 Seconds West a length of 204.84 feet;
Thence (19) North 9 Degrees 00 Minutes 44 Seconds West a length of 136.24 feet;
Thence (20) North 12 Degrees 23 Minutes 23 Seconds East a length of 55.90 feet:
Thence (21) North 56 Degrees 49 Minutes 11 Seconds West a length o(' 75.95 feet;
Thence (22) North 41 Degrees 46 Minutes 23 Seconds West a length of l60.70 feet:
Thence (23) North 33 Degrees 10 Minutes 21 Seconds West a length of 43.64 feet;
Thence (24) leaving said Southerly right away line North 6 Degrees 49 Minutes 39
Seconds East a length of40.00 feet;
Thence (25) North I4 Degrees 15 Minutes West a length of 105.51 feet;
Thence (26) North 4 Degrees 00 Minutes West a length of 974,82 feet to the Southerly
city limit of City of Cupertino annexed by "Stevens Creek No. 13" on September 12,
1961;
Thence (27) along said city limit North 64 Degrees 00 Minutes East a length of 135.96
'feet; . . , .
Thence (28) Leaving said city limit North 81 Degrees 08 Minutes 59 Seconds East a
length 01 413.40 feet;
Thence (29) North 81 Degrees 11 Minutes 54 Seconds East a length 69.77.feet;
Thence (30) North 8 Degrees 48 Minutes 06 Seconds West a length'of 120.00 feet;
Thence (31) North 81 Degrees 11 Minutes 51 Seconds East a length of 120.00 feet;
Thence (32) South 8 Degrees 48 Minutes 06 Seconds East a length of 120,00 feet;.
Thence (33) South 81 Degrees 29 Minutes 03 Seconds East a length of 327.12 feet to the
Southerly city limit of City of Cupertino annexed by "Stevens Creek No 13" on
September 12, 1961;
Thence (34) along said city limit South 55 Degrees 00 Minutes 04 Seconds East a length
of 489.43 feet to the Westerly city limit of City of Saratoga established by "Original
Incorporation" on October 22, [956, and the Easterly section line of Section 34;
Thence (35) along the Westerly city limit and Easterly section line South 0 De tees 07
Minutes 33 Seconds West a length of 2427.12 feet to the point of beginning.
Containing 68.6 acres more or less.
Disclaimer:
"For assessment purposes only. This description of land is not a
legal property description as defined in the Subdivision Map Act and
may not be used as the basis for an offer for sale of the land
described."
LAND
yY B�����'
NG. 4953
I xp.12.31-1i
Exhibit B
Legal Description of Property in
the City of Saratoga 819 U25
O sAEi +ic02
• ,,,r4pproximately ,51, ;acres)
•BECIHNING.at.etake•matked 1/4 8. dtouding at: tite'1/4 taction corner between Sections 34 and '
35 Townahip:7...South Range 2, Wast, Mount Diablo' Base and Meridian, and running thence along
the 1/4 tectioa line:running Eget and We through the center of Section 35, Towasbip 7
South, Range 2-Uast,.Mouan Diablo Baaa and Meridian, South ea° 53' 01" East 1818.97 feet to
e -stake marked L,11,1 at the lzortheeeterly corner of the -78.05 sere tract described in the
DeedProw•7ohn 0..'Aloaro, et me, to L, A. Henry, et al, dated Auguac.14, 1946 and recorded
August 23, 1946 in nook 1362 of Official Records, page 469, thence along the Easterly line
of aid 78.05 acro tract South 19 14' 10" Hest 1482.80 feat to a point in the center of a
ravineir-thence North 630 08' 08" West 811.40 feet to a paint in the centerline of.a 60 foot
right of.vay-bereinafter described; thence along the centerline of said 60 foot right of
way the following courees,and distances, to vitt North 84° 49' 19" West 264,52 feet;
thence along t)ia.aro of a gave to the right with a radius of 300.00 feet tangent to the
precadinglc°utee'through an angle of 134.10'.a'disteaee of 68.94 feet; thence Horth•71°.39'
' 19" West.105.16ifeet; thenca along the arc of a•cutve to the left with a radius of 266.60
feet arid•'tangene.:ta the'preoeding•courae through as angle of 67° 38' a dietencs of 314.70.
-feet;c4henceiSouth 409 42!'41; Hesf'116.78'feet; thence along a curve to the left with a'
radiui;°•4484:%1'�feetend tangent.to:tho preoediag cautsa through an angle of 15° 58'...17"
\ a dititanceaofI50 65�feet;;thence:al°ngftie arro;of;ai' averse curve to•the-rig)tt
rridI10f`18 17-Daeat;4through`an angle.o€ 13°4817,.;a diatance:of 50:65:feet,';tbeace-'y F'
Soutt080242.,; 4Wyeet"65.99 •feat; :.thane,, aloug'the aro of a curve to the right with a
▪ 4adius af.45.04deet-and;7:angent to the preceding couraa tbsough an angle of 77° 29' 25'r _
▪ :.c a?dietinoe,of_60':917;feeef; theaca'along the artaof,a reverse curve to tha leit•With a
-:,eradiusZef;44 86 feeealleough an angle•of.83°201',55° a distance of 65.20 feet to the point. ;
of ieteraection of:acid ceateitine of.said 60•foot'rigbt ot'.way with the Southwesterly
line oL'theaaid78.05 +fere treat described in said Decd to L. A. trolley et al, above
referred to', -thenen leaving said centerline of Raid 60 foot.rigbt of way and running along
said Southwesterly line of said 78.05 acre trace, north 55° 08' 49" West 123.82 feet to au
iron pipe standing on the escape line between said Sections 34 and 35, fro. which a live
ask tree 20-inehee in diameter with 3 notches bear. South 1° 4R' 39" West 18.04 fent; said
pipe ale° being at the Soochvesterly corner of eaid 78.05 acre tract thence albog the line
between said Sections 94 and 35, Horth 10 49' 39" East 1337.03 feet to the point of
beginning and being a portion of eaid Section 35, Township 7 South, Range 2 West, and
containing approximately 51.520 aeras, as surveyed by lanes and Waters, Civil Engineers,
San Mateo, Pala Alto end San Sane, California, 9ecembee 1948.
TOGETRER wan a right of way, ea granted in the Deed executed by Mar:. Lawlor et al, to
Patrick A. McHenry, et al, aid recorded April 26, 1917 in Book 455 of Deeds, page 571
conveying a 78.05 acre tract of, which the above described property ie a part, over the
then present road that led from the buildings on said 78.05 acre tract to and over the
°ther lend then of Has, Mamie Lawlor.
ALSO T0C1srMat WITH and ea appurtenant to the parcel of land first hereinabove described,
en eaaement for the purposes of ingreoo and egreea and for the installation and maintenance
of public utilities over a strip of laed 60 feet in width the centerline of which ie de-
scribed as follows, to wit:
Beginning at a point in the Southerly line of eaid pareol of land first hereinabove de-
scribed distant thereon Horth 63° 08' 08" Went, 811.40 feet from the'8outheaecurly corner
Of eaid parcel of land, thence along the Southerly line of eaid parcel of land the fol-
lowing course. and diatancea to wit: Horth 84° 49' 19" West 264,52 feet; thence elmtg the
arc of a curve to the right with a tediuo of 300.00 feet tangent to the preceding course
through an angle of 13° 10' a distance of 68.94 fent; thence North 71° 39' 19" Wes: 105.16
feet; thence along the are of a curve to the left with a radius of 266.60 feet and tengent
to the preceding course through an angle of 67° 351 a distance of 314.70 feet; thence
South 40° 42'41" Went 116.78 feet; thence along a curve to the left with a radius of
181.71 feet and tangent to the preceding course through an angle of 15° 58' 17" a diat..ne
of 50.65 fent; thence along the are of a ruverea curve to the right with a radius of 18171
feet through an angle of 15° 58' 17" a distance of 50,65 feet; thence South 40° 42' 41"
Reot 65.99 feet; thence along the are of a curve to the right with a radius of 45.04 feet
and tangent to the preceding course through an angle of 77° 29' 25" a distance of 60.91
feet; thence along the arc of a reverse curve to the left with a radios of 44.96 feet
through un .nglo of 83° 20' 55" a distance of 65.26 feet.
1
J
Exhibit C
EXHIBIT C
LAND CONSERVATION CONTRACT (WILLIE%MSON ACT)
COMPATIBLE USE LIST
The following is a list of land uses determined to he compatible with the agricultural use
and open space use of the land subject to this Contract:
1. Facilities for, and the drying, packing or other processing of, an agricultural
commodity usually performed on the premises where it is produced (including but not limited to
wine) but not including slaughter houses, fertilizer yards, bone yards or plants for the reduction
of animal or vegetable matter.
2. Structures necessary and incidental to the agricultural use of the land.
(a) Tasting or sampling rooms, stands or shelters for the sale of agricultural
commodities (including but not limited to wine) produced on the land.
(b) Farmer's markets, including an agricultural stand where agricultural commodities
grown, raised or produced off the premises are offered for sale to the general public by the
owner or lessee of the lard
(c) Limited sales of agricultural supplies, including hay, seed, veterinary supplies and
horse tack. The sale of farm equipment or horse trailers is specifically excluded.
(d) Storage and maintenance facilities for trucks used exclusively for hauling
agricultural produce, which must include produce grown on the property, as long as the
remainder of the property can sustain an agricultural use.
3. The holding of nonproducing land for future agricultural use.
4. The maintenance of land in its natural state for the purpose of preserving open
space for recreation or plant or animal preserves.
5. Single family dwellings incidental to the agricultural use of the land for the
residence of the owner, and the family of the owner, the lessee of the land and the family of the
lessee, so long as otherwise consistent with the City's land use regulations (including density
regulations).
Owner or lessee shall be construed to include:
GARROD TRUST LAND CONSERVATION CONTRACT FOR ALL PROPERTY IN CI 1Y OF
SARATOGA AFTER 2012 ANNEX -17'10N
Exhibit C
(a) stockholders in family corporations
(b) beneficiaries of family trusts and estates
(c) owners of undivided partial interests in the fee for the sale of agricultural
commodities produced on the land;
(d) joint tenants; ;
(e) members in family LLCs; and
(t) partners in family limited partnerships.
6. Dwellings for persons employed in the agricultural use of land or structures used
to provide educational experiences or day-care facilities for their children, provided the use is
non-profit and not open to the general public.
7. The erection, construction, alteration or maintenance of gas, electric, water or
communication utility facilities, in compliance with the City's Underground Utility Ordinance
No. NS -3.20.
8. Public or private fishing.
9. Public or private riding or hiking trails.
10. Riding Stables, Riding Academies, Riding Arenas, and other Equestrian
Facilities, and the boarding of horses or other livestock, a horse riding arena, large animal clinics
primarily for horses and other livestock including associated stalls and pastures, but not
including an animal hospital or kennel.
11. Educational and cultural facilities and uses (including but not limited to vaulting and
riding shows), subject to the following: educational and cultural uses shall not be located on
prime agricultural soils or require major road improvements, and traffic to and from the subject
use location shall not hinder or impair the agricultural operations in the surrounding arca. At
least three-quarters of the Resulting Property must remain in agricultural or open space uses, and
the maximum coverage of the site where the educational and cultural uses are to occur is limited
to 20 acres.
12 Weddings, receptions and other social or seasonal events at existing facilities and
immediate surrounding grounds, which do not displace or interfere with agricultural and open
space use of the parcel or any adjacent parcel. At least three-quarters of the Resulting Property
must remain in agricultural or open space uses, and the maximum coverage of the site where the
weddings, receptions and other social or seasonal events are to occur is limited to 20 acres.
GARROU TRUST LAND CONSERVATION C'ONTRAC'T FOR ALL PROPERTY 11‘K. -717Y-717-
SARATOGA AFTER 2012 ANNEXATION
Exhibit C
INSTRUCTIONS
This LAND CONSERVATION CONTRACT shall be recorded with the County of Santa
Clara Recorder. Owner(s) signature(s) must each be acknowledged by a notary. Inform the
notary that the acknowledgement is for an instrument to be recorded (California Civil Code
§1 169, et seq.)
State of California
County of
ACKNOWLEDGEMENT
On before me,
personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS niy hand and official seal.
Signature (Seal)
State of California
County of
On before me,
personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
GARROU TRUST LAND CONSERVATION CONTRACT FOR ALL PROPERTY IN CITY Oh
SARATOGA AFTER 2012 ANNEXATION
ACKNOWLEDGEMENT
State of California
County of )
On before me,
personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
State of California
County of
On before me,
personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/heri'their signature(s) on the instntment the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
Exhibit E
ORDINANCE NO.
AN ORDINANCE ADOPTING A DEVELOPMENT AGREEMENT FOR
Garrod Trust Property at 22600 MT. EDEN ROAD
(APNs 503-11-006, 007, 008, and 009; 503-10-008, 044, 065 and 067; and
503-74-001, 002, 003; and 004)
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
Section 1. Findings.
The City Council finds and declares as follows:
1. The City of Saratoga has received applications from the Garrod Trust ("Owner") for at 22600
Mt. Eden Road (APNs 503-11-006, 007, 008, and 009; 503-10-008, 044, 065 and 067; and 503-
74-001, 002, 003) and 004) for the annexation of approximately 68 acres of real property
contiguous to the City of Saratoga (the territory); and concurrent with annexation, the territory,
together with all adjacent Garrod Trust Lands already inside the City boundary, consisting of 51
acres ("Principal Property"), shall become restricted by a Land Conservation (Williamson Act)
Contract, be made subject to a Development Agreement (with conforming status determination),
and an Agricultural Preserve/Open Space (AP/OS) Overlay Zoning District, and a Conditional
Use Permit (as part of the "integrated annexation proceedings" at 22600 Mount Eden Road). The
foregoing actions are described as the "Project;"
2. Development of the Property in accordance with the terms of this Agreement will result in
rational comprehensive planning and foster predictability, certainty, economy and efficiency in
future land use planning;
3. The attached Development Agreement specifies its duration, the permitted uses of the property,
the density or intensity of use, the maximum height and size of proposed buildings, and
provisions for reservation or dedication of land for public purposes;
4. This Development Agreement is consistent with the objectives, policies, general land uses and
programs contained in the City's General Plan;
5. This Development Agreement is compatible with the uses authorized in, and the regulations
prescribed for, the Hillside Residential ("HR") zoning district and the Agricultural Preserve -
Open Space ("AP -OS") overlay zoning in which the Principal Property is located and with the
Williamson Act Contract currently on the Principal Property;
6. This Development Agreement is compatible with the uses authorized in, and the regulations
prescribed for, the Residential -Open Space ("R -OS") zoning district and the Agricultural
1
Exhibit E
Preserve -Open Space ("AP -OS") overlay zoning as to which the Annexation Property has been
pre -zoned and with the Williamson Act Contract currently on the Annexation Property;
7. This Development Agreement is in conformity with the public convenience, general welfare
and good land use policies; indeed, the Development Agreement will serve as a public benefit,
in that there will be a reservation or dedication of land for public purposes (including trails and
restrooms), which are specified herein as Section 3.2.1 as required under Government Code
Section 65865.2;
8. This Development Agreement will not be detrimental to the health, safety and general welfare
in that the Project will proceed in accordance with the conditions of approval for the Project
adopted by the City Council;
9. This Development Agreement will not adversely affect the orderly development of property or
the preservation of property values in that the Project will be consistent with the City's General
Plan and Zoning Ordinance; and
10. This Development Agreement was considered and recommended for approval by the Planning
Commission at a duly noticed public hearing on June 27, 2012 and approved by the City Council
at a duly noticed public hearing on August 15, 2012.
Section 2. Adoption and Implementation.
A. The City Council hereby adopts the Development Agreement attached hereto as Exhibit A.
B. In accordance with Government Code section 65865.1 the parties to the Development
Agreement shall review the Applicant's compliance with the Development Agreement at
least every 12 months, at which time the Applicant, or successor in interest thereto, shall be
required to demonstrate good faith compliance with the terms of the Development
Agreement. If, as a result of such periodic review, the City Council finds and determines, on
the basis of substantial evidence, that the Applicant or successor in interest thereto has not
complied in good faith with terms or conditions of the Development Agreement, the City
Council may terminate or modify the Development Agreement.
C. The uses, structures and site coverage authorized by the attached Development Agreement
and the Conditional Use Permit approved by the City Planning Commission on June 27,
2012 shall for the term of the Development Agreement be subject only to the rules,
regulations, and official policies governing permitted uses of the land, governing density, and
governing design, improvement, and construction standards and specifications, in force at the
effective date of this ordinance or as otherwise provided by said Development Agreement.
Except as otherwise provided in the Development Agreement, in subsequent actions
applicable to other uses, structures, and site coverage of the property the City may apply new
2
Exhibit E
rules, regulations, and policies and may deny or conditionally approve any subsequent
development project application on the basis of such existing or new rules, regulations, and
policies.
D. In the event that state or federal laws or regulations, enacted after this Development
Agreement has been entered into, prevent or preclude compliance with one or more
provisions of the Development Agreement, such provisions of the Development Agreement
shall be modified or suspended as may be necessary to comply with such state or federal laws
or regulations.
Section 3. Severance Clause.
The City Council declares that each section, sub -section, paragraph, sub -paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub -section,
paragraph, sub -paragraph, sentence, clause and phrase of this ordinance. If any section, sub -section,
paragraph, sub -paragraph, sentence, clause or phrase of this ordinance is held invalid, the City
Council declares that it would have adopted the remaining provisions of this ordinance irrespective
of the portion held invalid, and further declares its express intent that the remaining portions of this
ordinance should remain in effect after the invalid portion has been eliminated.
Section 4. Publication.
This ordinance shall be published once in a newspaper of general circulation of the City of
Saratoga within fifteen days after its adoption.
[The Remainder of This Page is Intentionally Blank]
3
Exhibit E
The foregoing ordinance was introduced at the regular meeting of the City Council of the
City of Saratoga held on the 15th day of August, 2012, and was adopted by the following vote
following a second reading on the day of September, 2012:
AYES:
NOES:
ABSENT:
ATTEST:
Crystal Morrow
CITY CLERK
APPROVED AS TO FORM:
Richard Taylor
CITY ATTORNEY
Chuck Page
MAYOR, CITY OF SARATOGA, CALIFORNIA
4
Exhibit E
RECORDING REQUESTED BY )
AND WHEN RECORDED, RETURN TO )
)
)
)
)
)
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Attention: City Manager
(Space Above This Line for Recorder's Use Only)
Exempt from recording fee per Gov. Code § 27383
DEVELOPMENT AGREEMENT
FOR
COOPER-GARROD WINERY
AND GARROD FARMS
EQUESTRIAN FACILITY
BETWEEN
CITY OF SARATOGA
AND
GARROD TRUST
Effective: September 5, 2012
TABLE OF CONTENTS
RECITALS 6
FINDINGS AND DETERMINATIONS 8
ARTICLE I 9
DEFINITIONS 9
1.1. Defined Terms 9
1.2. Terms Defined in Applicable City Regulations 11
ARTICLE II 11
EFFECTIVE DATE; TERM 11
2.1. Effective Date; Term Commencement . 11
2.2. Term 11
ARTICLE III 12
GENERAL REGULATION OF USES ON PROPERTY 12
3.1. Uses of Property; Control of Uses 12
3.2. Applicable City Regulations . 13
3.2.1. Determination of conformity and Interpretation of Effect . 13
3.2.2. Future City Regulations 22
3.2.3. Regulation for Health and Safety . 23
3.2.4. Construction Codes 23
3.2.5. Conflict with Laws of the United States, the State of California,
or other Governmental entities . 23
3.3. City Fees and Exactions 24
3.3.1. City Development or Use Fees and Exactions 24
3.3.2. City Application fees 25
GARROD TRUST DEVELOPMENT AGREEMENT Page 2
3.3.3. Review and Processing of City Approval 25
ARTICLE IV 26
INDEMNITY; INSURANCE 26
4.1. Garrod Trust Indemnity 26
4.2. Liability Insurance . 26
4.3. Workers Compensation Insurance 27
4.4. General Requirements for Insurance 27
4.5. Mutual Release . 28
ARTICLE V 28
EVENTS OF DEFAULT; REMEDIES; ATTORNEYS' FEES; CERTIFICATES 28
5.1. Events of Default 28
5.2. Remedies 29
5.2.1. Judicial Proceeding to Challenge Termination 30
5.3. Waiver 30
5.4. Litigation Fees and Expenses . 30
5.5. Limitations on Liability of City Officials . 31
5.6. Estoppel Certificate 31
ARTICLE VI 32
AMENDMENT AND TERMINATION 3 2
6.1. Amendment or Cancellation 32
6.2. Certain Actions Not an Amendment 32
ARTICLE VII 33
NOTICES 33
GARROD TRUST DEVELOPMENT AGREEMENT Page 3
7.1. Procedure 33
7.2. Change of Notice Address 34
ARTICLE VIII 34
WARRANTIES AND REPRESENTATIONS OF GARROD TRUST 34
8.1. Specific Warranties and Representations 34
8.1.1. Organization and Standing 34
8.1.2. Authority 34
8.1.3. Title to Garrod Trust Land 34
8.1.4. Conflicts 35
8.1.5. No Conflict with Orders 3 5
8.1.6. Litigation 3 5
8.1.7. Hazardous Material 36
ARTICLE IX 36
COVENANTS RUNNING WITH THE LAND . 36
9.1. Covenants Run With The Land 36
ARTICLEX . 37
MISCELLANEOUS 37
10.1. Negation of Partnership 37
10.2. Approvals 37
10.3. Not a Public Dedication . 38
10.4. Severability . 38
10.5. Exhibit and Appendices 38
10.6. Entire Agreement 38
GARROD TRUST DEVELOPMENT AGREEMENT Page 4
10.7. Construction of Agreement 39
10.8. Mitigation of Damages 39
10.9. Further Assurances; Covenant to Sign Documents . 40
10.10. Covenant of Good Faith and Fair Dealing 40
10.11. Governing Law 40
10.12. References; Terminology . 40
10.13. Indemnity Obligations . 41
10.14. Provisions With Respect to Surviving Obligations and
Continuing Effectiveness of Agreement . 41
10.15. Garrod Trust Reimbursement or Advance Deposit .. 41
10.16. Interest on Past Due Amounts . 42
10.17. Signature Pages 43
10.18. Time 43
Exhibit 1: Garrod Trust Lands 44
Exhibit 2: Trails to be Dedicated on Garrod Trust Lands 45
GARROD TRUST DEVELOPMENT AGREEMENT Page 5
DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF SARATOGA AND GARROD TRUST
THIS DEVELOPMENT AGREEMENT (the "Agreement") is made and entered into
effective this 5th day of September, 2012, by and between the CITY OF SARATOGA, a
municipal corporation in the State of California ("City"), and GARROD TRUST, a California
TRUST ("Garrod Trust").
RECITALS
This Agreement is entered into on the basis of the following facts, understandings and
intentions of the City and Garrod Trust (collectively "the Parties"):
A. Government Code Sections 65864 through 65869.5 ("Development Agreement
Legislation") authorize the City to enter into development agreements in connection with the
permitted uses, and the density, and intensity of such uses, of real property within its
jurisdiction. The Development Agreement Legislation is best served through a liberal
construction so as to not unduly restrict the City from working with a private landowner; in fact
"the statement of legislative purpose in Section 65864 encourages the creation of rights and
obligations early in a project to promote public and private participation during planning...."
Santa Margarita Area Residents v. San Luis Obispo County (2000) 84 Cal.App.4th 221, 228.
Furthermore, Government Code Section 65864(c) has been held to support the concept that "the
scope of development agreements need not be limited to freezing land use rules... but can
include other promises between the municipality and the developer." Mammoth Lakes Land
Acquisition v Town of Mammoth Lakes (2011) 191 Cal.App.4th 435, 444.
GARROD TRUST DEVELOPMENT AGREEMENT Page 6
B. This Development Agreement will govern the Garrod Trust Lands which include
51 -acre portion of the Garrod Trust real property already inside the City boundaries (the
"Principal Property") and the adjacent 68 -acres of Garrod Trust real property located in the
unincorporated area of the County of Santa Clara (the "Annexation Property"), both of
which are part of the integrated annexation package for the application of Garrod Trust for
annexation into the City of the Annexation Property.
C. The integrated annexation package includes a Preannexation Agreement, addition
of AP/OS Overlay Zoning to the Annexation Property, this Development Agreement, a new
Williamson Act Contract and a Use Permit for the entire 119 -acre Property herein denominated
the "Garrod Trust Lands (collectively the "Project").
D. The Project is consistent with the City's current General Plan.
E. A public hearing on the proposed Development Agreement was held before
the Planning Commission on June 27, 2012, for which public notice was given as
provided by law and at which all persons desiring to be heard were given an opportunity
to be heard.
F. The Planning Commission forwarded this Development Agreement to the
City Council with its recommendation for approval.
G. A public hearing on the proposed Ordinance approving Development Agreement
was held before the City Council on August 15, 2012, for which public notice was given as
provided by law, and at which all persons desiring to be heard were given an opportunity to
be heard and said Ordinance was given final approval by the City Council after its second
reading on September 5, 2012.
GARROD TRUST DEVELOPMENT AGREEMENT Page 7
H. The City Council has considered the recommendation made by the Planning
Commission as well as all testimony both oral and written received at the above-described
public hearings.
FINDINGS AND DETERMINATIONS
Therefore, on the basis of (a) the foregoing Recitals which are incorporated in these
Findings,
(b) the City of Saratoga's General Plan, (c) the determination that the Project is exempt
from CEQA, and (d) the specific conclusions set forth below, the City Council finds and
determines that:
1. This Development Agreement is consistent with the objectives, policies,
general land uses and programs contained in the City's General Plan and the
Hillside Specific Plan.
2. The Development Agreement is compatible with the uses authorized in,
and the regulations prescribed for, the Hillside Residential ("HR") zoning
district and the Agricultural Preserve -Open Space ("AP -OS") overlay zoning
in which the Principal Property is located and with the Williamson Act
Contract currently on the Principal Property.
2. The Development Agreement is compatible with the uses authorized in,
and the regulations prescribed for, the Residential -Open Space ("R -OS")
zoning district and the Agricultural Preserve -Open Space ("AP -OS") overlay
zoning as to which the Annexation Property has been pre -zoned and with the
Williamson Act Contract on the Annexation Property.
3. The Development Agreement is in conformity with the public
convenience, general welfare and good land use policies; indeed,
the Development Agreement will serve as a public benefit, in that there will
be a reservation or dedication of land for public purposes (including trails and
restrooms), which are specified herein as Section 3.2.1 as required under
Government Code Section 65865.2.
GARROD TRUST DEVELOPMENT AGREEMENT Page 8
4. The Development Agreement will not be detrimental to the health, safety
and general welfare in that the Project will proceed in accordance with the
conditions of approval for the Project adopted by the City Council and the
Planning Commission.
5. The Development Agreement will not adversely affect the orderly
development of property or the preservation of property values in that the
Project will be consistent with the City's General Plan and Zoning
Ordinance.
ARTICLE I
DEFINITIONS
1.1. Defined Terms
1.1.1. "Annexation Property" means the approximately 68 acres of Garrod Trust
Lands currently outside the City boundaries and located in the
unincorporated area of the County of Santa Clara as to which Garrod Trust
has filed an application for annexation to the City and as to which the City
Council duly adopted a Resolution Initiating Annexation on November 17,
2010.
1.1.2. "City Approvals" means each element of the integrated annexation package,
including the Final Annexation Approval, the new Williamson Act Contract
and Use Permit covering the Garrod Trust Lands, and the addition of the
AP -OS overlay zoning to the Annexation Property.
1.1.3. "City Regulations" means all regulatory provisions duly enacted by the City
Council, including but not limited to, the City General Plan, City Codes,
and the Hillside Specific Plan.
1.1.4. "Effective Date" means the date specified in the first paragraph of this
Agreement.
GARROD TRUST DEVELOPMENT AGREEMENT Page 9
1.1.5. "Equestrian Facility" means the equestrian (including vaulting) facilities
and operations on the Garrod Trust Lands operated by Garrod Farms as
allowed by law and/or pursuant to a 1964 Use Permit and other permits
issued by the County of Santa Clara.
1.1.6. "Garrod Trust Lands" means the approximately 119 acres of real property
owned by Garrod Trust at 22600 Mt. Eden Road, Saratoga, California
which will be inside the City boundaries after the 2012 Annexation of the
approximately 68 acres of Annexation Property.
1.1.7. "Improvement Agreement" (including provisions with respect to Security)
means any written agreement by Garrod Trust to the City or any other
public entity to complete any work of improvement on or off-site.
1.1.8. "Law" means any duly adopted federal, state or local statute, ordinance,
regulation, (other than a City Regulation), order or policy and includes any
law based on published appellate precedent.
1.1.9. "Principal Property" means the approximately 51 acres of Garrod Trust
Lands currently inside the City boundaries.
1.1.10. Surviving Obligation means any obligation of any party under this
Agreement which remains in effect after the term of this Agreement expires.
1.1.11. "Winery" means the winery, tasting room, community event
facility/conference center (no overnight stay) and related facilities and
operations on the Garrod Trust Lands operated as Cooper-Garrod Winery as
allowed by law and/or pursuant to a 1994 Use Permit Amendment and other
permits issued by the County of Santa Clara.
GARROD TRUST DEVELOPMENT AGREEMENT Page 10
1.2. Terms Defined in City Regulations.
Unless otherwise specified in this Agreement, terms defined in the applicable City
Regulations shall have the same meaning when used in this Agreement.
ARTICLE II
EFFECTIVE DATE; TERM
2.1. Effective Date; Term Commencement,
This Agreement shall be dated, the rights, duties and obligations of the Parties
hereunder shall be effective, and the Term shall commence, as of the Effective Date. Not later
than thirty (30) days after the Effective Date, Garrod Trust shall execute and acknowledge this
Agreement and return the Agreement to the City. Not later than five (5) days after the City's
receipt of the Agreement executed and acknowledged by Garrod Trust, the City, by and through
its Mayor, shall execute and acknowledge this Agreement; and not later than five (5) days after
the execution and acknowledgment of this Agreement by the City, the City Clerk shall submit
this Agreement to be recorded in the Official Records of County of Santa Clara. The cost of
recording this Agreement shall be borne by Garrod Trust.
2.2. Term.
The Term of this Agreement shall be the same as the Use Permit issued concurrently
with it, so long as the Garrod Trust Lands continue to be subject to the City's Agricultural
Preserve/Open Space Overlay ("AP/OS") and used for a winery use and/or an equestrian facility
use and related uses and no new or additional use(s).
This Agreement authorizes use of the Garrod Trust Lands for a winery/ community
event facility use (daytime only, i.e., no overnight stay by customers) and an equestrian facility
GARROD TRUST DEVELOPMENT AGREEMENT Page 11
use and related uses and need not be amended in the event of the amendment of the Use Permit
unless the Use Permit is amended to change the uses allowed from a winery use and/or an
equestrian use or to add a new use. The Use Permit shall control the density and intensity of
the uses of the Garrod Trust Lands and any increase in such density or intensity. This
Development Agreement hereby establishes the status of the existing uses upon the Garrod
Trust Lands as conforming. Upon expiration of the Term, this Agreement, and all of the rights,
duties and obligations of the Parties hereunder, shall Terminate and be of no further force or
effect, except for the Surviving Obligations. Upon expiration of the Term, Garrod Trust shall
thereafter comply with the provisions of all Improvement Agreements (including provisions
with respect to Security), all Surviving Obligations, and all City Regulations and Laws then in
effect or subsequently adopted with respect to the Garrod Trust Lands, except that expiration of
the Term (including as a result of Termination of this Agreement) shall not affect any vested
right, or other rights based on performance of substantial work in reliance upon City Approvals
granted by the City for use or development of all or any portion of the Garrod Trust Lands.
ARTICLE III
GENERAL REGULATION OF USES ON PROPERTY
3.1. Uses of Property; Control of Uses
Garrod Trust shall have the right to use the Garrod Trust Lands in accordance with the
terms and conditions of the new combined Williamson Act Contract applicable to the entirety
of the Garrod Trust Lands, entered into as part of the integrated annexation package.
In addition to this Development Agreement, the City shall have the right to require
Garrod Trust to apply for and obtain a Conditional Use Permit recognizing, describing and
establishing the parameters and conditions applicable to, and to control modifications or
GARROD TRUST DEVELOPMENT AGREEMENT Page 12
expansion of existing uses or existing development on the Garrod Trust Lands. Except as
otherwise specified in this Agreement, the applicable City Regulations shall control the overall
use of and development (or redevelopment) of structures on or proposed for the Property, and
all on- and off-site improvements and appurtenances in connection therewith. In the event of
any inconsistency between the wording of applicable City Regulations and this Agreement, the
City Regulations shall control, except that if the inconsistency cannot be reconciled by
application of this rule of construction, the provision which best gives effect to the purposes of
the City Regulations shall control.
3.2. Applicable City Regulations.
Except as otherwise specified in this Agreement and in this Section 3.2, the Existing
City Regulations shall govern the existing uses of, or structures on, the Garrod Trust Lands and
all subsequent City Approvals with respect to those uses of, or structures on, the Garrod Trust
Lands.
3.2.1 Status of Uses and Structures as Conforming; Determination of Conformity with
Existing General Plan, Hillside Specific Plan and Zoning Regulations.
Upon written confirmation by the Community Development Director that all City
standards and requirements for equestrian facilities are being met (including but not limited to
the horse regulations set forth in City Code Section 7-20-220), the City hereby determines that
conformity to the City General Plan, Hillside Specific Plan and Zoning Regulations exists as to
uses and structures existing on the Garrod Trust Lands as of the Effective Date of this
Agreement, without the necessity for any amendment of the General Plan, Hillside Specific
Plan or the Zoning Regulations.
All structures and all uses in existence on the Garrod Trust Lands as of the Effective
Date of this Development Agreement shall have conforming status.
GARROD TRUST DEVELOPMENT AGREEMENT Page 13
Garrod Trust proposes to continue to operate that part of its Winery/Equestrian Facility
on the Principal Property (the 51 -acre portion of the Garrod Trust Lands which is currently
located in the City of Saratoga. The Principal Property includes the following currently existing
uses and structures:
1. Uses for stables and riding academy/day camp/vaulting program, riding lessons,
boarding horses,training horses, and equipment and supplies for horses and riders,
picnicking, vineyards, winery administrative office, parking, family and employee
housing (1 single family dwelling, 0 cottages/second units and 3 trailers/modular units
for employees), outdoor storage, and supporting food service and other uses; and
2. Structures (all pre -dating 1964 unless otherwise specified) which include:
• One single family residence (Dick Garrod)
• Three trailers/modular units (housing for employees) (Dick Garrod 1975)
• One administrative office for the winery
• One special purpose barn (hay)
• Miscellaneous covered horse paddocks (1965-1975)
• Riding academy/day camp buildings (2) (1965)
• One Metal Shop (1980)
• Pastures and vineyards of undetermined acreage.
The City has no records of any permits authorizing these uses or structures. However, the
County's 1994 Staff Report for the Use Permit Modification adding the Winery to the existing
Commercial Stables use states as follows:
"This use permit would only cover the portion of applicant's property that is
unincorporated. According to the city, a use permit for the portion of the facility within
its jurisdiction would only require a use permit if a modification or expansion were
proposed."
GARROD TRUST DEVELOPMENT AGREEMENT Page 14
No modification or expansion of "the portion of the facility" within the City jurisdiction
was proposed in 1994. Hence, there is adequate evidence that the uses and structures on the 51 -
acre portion of the Garrod Trust Property which has been in the City since the City was
incorporated have been treated by the City as lawful and conforming. In any event, if any
required permits were not obtained for uses or structures on the Principal Property, the Zoning
for the 51 -acre Principal Property already in the City is Agricultural Preserve/Open Space
Overlay ("AP/OS") and, as a result, under City Code Section 15-15.040, the permitted uses
(those which do not require a use permit) are those "expressly permitted under the terms of the
Williamson Act contract applicable to such land."
The terms of the November 2, 1970 Williamson Act contract applicable to the 51 -acre
portion of the Garrod Trust Property already in the City expressly permit the following uses
without a use permit:
• Production of agricultural commodities for commercial purposes.
• The drying, packing or other processing of an agricultural commodity usually
performed on the premises where it is produced.
• Structures necessary and incidental to the agricultural use of the land.
• The holding of nonproducing land for future agricultural use.
• The maintenance of land in its natural state for the purpose of preserving open space
for recreation or plant or animal preserves.
• Single family dwellings incidental to the agricultural use of the land for the
residence of the owner, and the family of the owner. Owner shall be construed to
include: beneficiaries of family trusts.
• The construction and maintenance of a stand or shelter for the sale of agricultural
commodities produced on the land.
• The erection, construction, alteration or maintenance of gas, electric, water of
communication utility facilities, in compliance with the City's underground utility
ordinance No. NS -3.20.
GARROD TRUST DEVELOPMENT AGREEMENT Page 15
• Public or private fishing.
• Public or private riding or hiking trails.
• Riding academy, stables and the boarding of horses or other livestock but not
including an animal hospital or kennel.
The above uses expressly permitted by the Williamson Act Contract on the 51 -acre
Principal Property cover all of the uses and structures located on that property. The trails
traversing the Principal Property approximately shown on the Trails Map attached hereto as
Exhibit 2 are hereby reserved and dedicated to public use. The width of the trail easement will
vary between 10 and 15 feet as determined by the Garrod Trust based on terrain and vegetation
conditions.
Garrod Trust proposes to continue to operate that part of its Winery/Equestrian Facility
on the Annexation Property (the 68 -acre portion of the Garrod Trust Lands which is until
annexation currently located in the unincorporated portion of the County of Santa Clara). The
Annexation Property includes the following currently existing uses and structures:
1. Uses for stables and riding academy/day camp, riding lessons, boarding horses, breeding
horses, training horses, shows and exhibitions, selling horses and equipment and
supplies for horses and riders, and related food services, vineyards, wine production,
retail wine sales, wine tasting, indoor and outdoor events, parking, family and employee
housing (8 single family dwellings, 2 cottages/second units and 4 trailers/modular units
for employees), outdoor storage, and other supporting uses; and
2. Structures (all pre -dating or approved by the 1964 Use Permit for the Equestrian Facility
unless otherwise specified) which include:
• Eight single family residences (William Cooper 1998 remodel and Christina
Garrod 2004)
GARROD TRUST DEVELOPMENT AGREEMENT Page 16
• Two small cottages/second units
• One administrative office for the commercial stables
• One administrative office for the winery
• One barrel room (1997)
• One covered riding arena
• Three large barns
• Three special purpose barns (hay, shoeing [1965] and day use)
• Miscellaneous covered horse paddocks (1965-1975)
• Riding academy/day camp buildings (2) (1965)/summer kitchen
• Two water tanks
• Public restroom facilities for men and women (two buildings, one including old
wood shop)
• One Metal Shop (1980)
• Pastures and vineyards of undetermined acreage.
o One wine tasting/retailing/production facility (1994) (including a covered event
facility, and other support facilities).
o Above ground water tanks and pumping stations.
The City Council has the full discretion and authority under City Code Section 15-
65.035 and other applicable laws to determine whether the current uses and structures on the
Annexation Property should be annexed into the City with "conforming" status.
There is adequate evidence that as to the Annexation Property the County of Santa Clara
has issued Use Permits authorizing the equestrian facility related uses and structures
GARROD TRUST DEVELOPMENT AGREEMENT Page 17
(commencing in 1964) and the winery related uses and structures (commencing in 1994) to the
extent that such permits were required.
No modification or expansion of the portion of the equestrian facility use or winery use
is currently proposed. In any event, if any required permits were not obtained for uses or
structures on the Annexation Property, the Pre -Zoning for the 68 -acre Annexation Property
includes the Agricultural Preserve/Open Space Overlay ("AP/OS") and, as a result, under City
Code Section 15-15.040, the permitted uses (those which do not require a use permit) are those
"expressly permitted under the terms of the Williamson Act contract applicable to such land."
The terms of the December 31, 2001 Williamson Act Contract applicable to the 68 -acre
Annexation Property expressly permit the following uses relevant to the existing uses on the
Annexation Property:
1. Residential uses incidental to the agricultural use of the land, including:
a. Single-family homes for the property owner or lessee, which includes stockholders
in family corporations, beneficiaries of family trusts and estates, owners of
undivided partial interests in the fee, and joint tenants.
b. Dwellings for persons employed in the agricultural use of land or structures used to
provide educational experiences or day-care facilities for their children, provided the
use is nonprofit and not open to the general public.
2. Accessory structures necessary and incidental to the agricultural use of the land,
including:
a. Facilities for the drying, packing or other processing of an agricultural commodity
usually performed on the premises where it is produced, but not including
slaughterhouses, fertilizer yards, bone yards, or plants for the reduction of animal or
vegetable matter.
b. Stands or shelters for the sale of agricultural commodities produced on the land.
GARROD TRUST DEVELOPMENT AGREEMENT Page 18
c. Farmer's markets, including an agricultural stand where agricultural commodities
grown, raised or produced off the premises are offered for sale to the general public
by the operator of the stand.
d. Limited sales of agricultural supplies, including hay, seed, veterinary supplies and
horse tack. The sale of farm equipment or horse trailers is specifically excluded.
f. Storage and maintenance facilities for trucks used exclusively for hauling
agricultural produce, which must include produce grown on the property, as long as
the remainder of the property can sustain an agricultural use.
3. The maintenance of land in its natural state for the purpose of preserving open space for
recreation or plant or animal preserves, or the holding of nonproducing land for future
agricultural use or future mineral extraction.
4. Recreational uses:
c. Public or private riding or hiking trails.
d. Riding academies, stables, and boarding of horses or other livestock.
e. Large animal clinics primarily for horses or other livestock, including associated
stables and pasture. (Small animal hospitals and kennels are excluded.)
5. Educational, cultural, and religious facilities.
a. Churches, including accessory structures, as long as such use does not substantially
interfere with the primary agricultural use of the land within the preserve.
b. Educational and cultural uses not located on prime agricultural soils which do not
require major road improvements, and where traffic to and from the subject use
location does not hinder or impair the agricultural operations in the surrounding
area. At least three-quarters of the parcel must remain in agricultural or open space
uses, and the maximum coverage of the site where the educational and cultural uses
are to occur is limited to 20 acres.
c. Seasonal and occasional social receptions at existing facilities and immediate
surrounding grounds, which do not displace or interfere with agricultural and open
space use of the parcel or any adjacent parcel.
GARROD TRUST DEVELOPMENT AGREEMENT Page 19
The above uses expressly permitted by the Williamson Act Contract on the 68-acre
Annexation Property cover all of the uses and structures located on that property. The trails
which traverse the Annexation Property approximately shown on the Trails Map attached
hereto as Exhibit 2 are hereby reserved and dedicated to public use. The width of the trail
easement will vary between 10 and 15 feet as determined by the Garrod Trust based on terrain
and vegetation conditions.
Interpretation of Effect of Development Agreement and Conforming Status. City
Regulations shall be interpreted to apply as follows in light of the existing uses and structures
having been determined to have "conforming" status.
(a) The amount of site coverage has been calculated over the entirety of the Garrod
Trust Lands, and separated into two categories: (1) amounts for coverage by
structures (and projections thereof) which is agreed to equal 128,922 square feet;
and (2) amounts for other types of site coverage which is agreed to equal 754,507
square feet. The amount of site coverage calculated includes existing coverage and
coverage previously approved by the County of Santa Clara for employee housing
that has not yet been constructed and which the City Planning Commission found in
2002 to be consistent with the City General Plan. The amounts calculated above
shall be deemed the "conforming" amount of site coverage allowed by virtue of the
terms of this Development Agreement and Garrod Trust shall have the flexibility
within Garrod Trust Lands to reduce site coverage on one parcel and create an
equivalent amount of new site coverage on another parcel. In applying the above
interpretations, coverage by structures (or projections thereof) is not interchangeable
GARROD TRUST DEVELOPMENT AGREEMENT Page 20
with other types of site coverage (e.g., parking, driveways and equestrian softscape
areas) except as provided below:
1. Garrod Trust shall have the flexibility to transfer a maximum of 22,600
square feet between the two types of coverage, namely: (1) structures and (2)
other types of site coverage (e.g. parking, driveways, and equestrian
softscape areas) under the following conditions:
a. The transfer is solely for the agricultural winery and equestrian
uses provided for in this Agreement and does not result in new
residential floor area not already accounted for in the amount of
conforming site coverage.
b. The transfer and the related structures obtain prior approval by
the City through an amendment to the Garrod Trust's Conditional
Use Permit pursuant to Article 15-55 of the City Code.
(b) The total amount of conforming coverage may increase when such coverage is
necessary to comply with federal or state statutes or permits or to implement storm
water quality best management practices. Any increase in coverage for this purpose
is subject to prior approval by the City through the Administrative Design Review
pursuant to City Code Section 15-45.065.
(c) The Garrod Trust shall not have the flexibility to "borrow" from one parcel with
unused (or partially unused) site coverage and allow such unused (or partially
unused) site coverage to be used on another parcel.
(d) Nothing in the Development Agreement shall preclude the Garrod Trust from
applying for and utilizing any then applicable Section(s) of the City Code, if it so
GARROD TRUST DEVELOPMENT AGREEMENT Page 21
desires, for future planning flexibility, thereby modifying its rights under this
Development Agreement if an application under such Section is approved by the
City.
(e) So long as the Garrod Trust Lands remain in common ownership, the "conforming"
status of existing structures shall be interpreted to allow existing structures having
setbacks noncompliant with City Regulations to be deemed legal and conforming
and to be maintained, repaired, remodeled, reconstructed or added to, so long as the
setback is not made more noncompliant. Notwithstanding the foregoing, no
addition shall be allowed which would violate the City Regulations in Chapter 16
(including but not limited to those governing building construction or fire safety).
(f) Minor modifications or corrections to this Development Agreement or the uses or
structures established as "conforming" hereunder may be approved by the Parties
hereto by a written Addendum hereto duly executed by the Parties and thereafter
attached to this Development Agreement.
(g) Upgrading, relocating or other alteration of existing improvements involving no
significant increase in land use intensity may be approved by Garrod Trust first applying
for and obtaining an Administrative Design Review Approval pursuant to City Code
Section 15-45.065. Examples include upgrading existing horse paddocks or moving or
relocating an existing structure from one location on the Garrod Trust Lands to another.
3.2.2. Future City Regulations.
The City shall have the right, in connection with future City Approvals, to apply City
Regulations as applicable City Regulations to the Garrod Trust Lands in accordance with the
following terms, conditions and standards: The City shall have the right to apply future City
GARROD TRUST DEVELOPMENT AGREEMENT Page 22
Regulations (including amendments to Existing City Regulations existing as of the Effective
Date) adopted by the City after the Effective Date if such City Regulations (i) are not materially
inconsistent or materially in conflict with intent, purposes, terms, standards or conditions of this
Agreement; (ii) do not materially interfere with the uses, height, density and intensity of
existing uses and structures; (iii) do not materially interfere with or diminish the ability of a
Party to perform its obligations hereunder or materially expand, enlarge or accelerate Garrod
Trust's obligations hereunder; and (iv) apply City -Wide.
3.2.3. Regulation for Health and Safety.
Notwithstanding the provisions of Section 3.2.2, the City shall have the right to apply
City Regulations adopted by the City after the Effective Date (including amendments to City
Regulations existing as of the Effective Date of this Agreement), in connection with any City
Approvals, or deny, or impose conditions of approval on, any City Approvals, if such
application is required to protect the health and/or safety of existing or future users of the
Garrod Trust Lands, any portion thereof, or any lands adjacent thereto.
3.2.4. Construction Codes.
Notwithstanding the provisions of Section 3.2.1, the City shall have the right to
apply those City -Wide City Regulations pertaining to or imposing life safety, fire protection,
engineering and architectural integrity requirements with respect to the design and construction
of buildings and improvements in effect at the time of the consideration of any City Approval to
which such buildings or improvements are subject.
3.2.5. Conflict With Laws of the United States, the State of California or other
governmental entities.
For purposes of this Section 3.2, to the extent applicable, a City Regulation shall not be
deemed materially inconsistent or in conflict with the City Regulations existing as of the
GARROD TRUST DEVELOPMENT AGREEMENT Page 23
Effective Date of this Agreement if (i) Garrod Trust consents in writing to the application of the
City Regulation to the Garrod Trust Lands and the City is not requiring such consent as a
prerequisite to Garrod Trust obtaining a City Approval consistent with this Agreement; or (ii)
the City Regulation establishes procedures of City-Wide application for making applications for
and processing City Approvals, and public notices and public hearings (other than procedures
specifically established in this Agreement, which procedures may only be amended as specified
in this Agreement); or (iii) the City Regulation is adopted or undertaken by the City as
reasonably required to comply with any Law (including but not limited to a regulation or order
of the California Department of Fish & Game, the Regional Water Quality Control Board, or
the U.S. Fish & Wildlife Service.
3.3. City Fees and Exactions.
Except as otherwise expressly provided in this Agreement, Garrod Trust shall be subject
to and pay City Fees or Exactions (which term shall include [but not be limited to] Dedications,
Community Facilities, and/or Public Improvements in accordance with the provisions of this
Section 3.3.
3.3.1. City Development or Use Fees and Exactions.
Garrod Trust shall be subject to and pay all City Development or Use Fees or Exactions
levied or assessed by the City under City Regulations pursuant to the standards of this Section
Garrod Trust shall pay all such City Development or Use Fees or Exactions in
accordance with the applicable requirements of the City Regulations and this Agreement.
Garrod Trust shall be subject to any increases in City Development or Use Fees or Exactions
during the Term and as to any new City Development or Use Fees or Exactions provided that
such increases in, or adoption of new Development or Use Fees or Exactions enacted by the
GARROD TRUST DEVELOPMENT AGREEMENT Page 24
City after the Effective Date of this Agreement apply City -Wide or Hillside Specific Plan -
Wide, and the increases in or amount of such new Fees or Exactions have been determined in
accordance with applicable Laws, including Government Code Section 66000, et seq. If any
such new City Development or Use Fee or Exaction is redundant of a City Development or Use
Fee or Exaction, required to be made or provided by Garrod Trust under this Agreement, then
Garrod Trust shall be entitled to a credit against the imposition of such new City Development
or Use Fee or Exaction to the extent of such redundancy. For purposes of this Section 3.3.1, a
new City Development or Use Fee or Exaction shall be deemed "redundant" if such new City
Development or Use Fee or Exaction deals with or pertains to the same subject matter as the
City Development or Use Fee or Exaction, required by this Agreement or the City Regulations
existing as of the Effective Date of this Agreement:
The City shall not impose, in connection with any application for City Approvals for the
use of the Garrod Trust Lands or construction thereon, or any Fee or Exaction other than those
called for under the then applicable City Regulations and this Agreement. Garrod Trust shall
tender or provide all Fees and/or Exactions in accordance with the applicable provisions of, and
within the time periods specified in, this Agreement and the applicable City Regulations.
3.3.2. City Application Fees.
Garrod Trust shall pay all City Application Fees under City Regulations in
connection with any City Approvals to which such City Application Fees apply. If the City
Regulations do not specify the City Application Fee with respect to a City Approval, then the
City Application Fee shall be the costs and expenses which the City incurs for staff time and
materials, including the use of consultants and attorneys.
3.3.3. Review and Processing of City Approvals.
GARROD TRUST DEVELOPMENT AGREEMENT Page 25
The City shall, upon payment by Garrod Trust of applicable City Application Fees,
accept for processing, review and action, all applications for City Approvals with respect to the
Garrod Trust Lands.
ARTICLE IV
INDEMNITY; INSURANCE
4.1. Garrod Trust Indemnity.
Garrod Trust shall indemnify the City from any losses arising out of or in connection
with, or caused on account of, (i) any City Approval with respect to the Garrod Trust Lands (ii)
the use of the Garrod Trust Lands and the structures thereon, (iii) any litigation or other
proceeding challenging or involving any City Approval (including but not limited to this
Development Agreement, the Pre -Annexation Agreement and any Use Permit required by the
City), the Williamson Act re-entry, or CEQA compliance, or conformance with, or
implementation of any of the foregoing (other than legal proceedings caused by acts or
omissions of the City that constitute an Event of Default by the City under this Agreement), (iv)
injury or death to Persons, or damage to property, or (v) the operations of Garrod Trust or its
employees, agents, contractors or representatives with respect to the Garrod Trust Lands. its
uses or its structures.
4.2. Liability Insurance.
Garrod Trust shall, at all times during the Term, maintain, or cause to be maintained,
liability insurance insuring against bodily injury, property damage and personal injury liability
arising out of Garrod Trust's activities under this Agreement, with a combined single liability
limit of not less than $1,000,000 (subject to the CPI) per occurrence, such insurance to be in a
Commercial General Liability form with at least the following coverages: (i) deleting any
GARROD TRUST DEVELOPMENT AGREEMENT Page 26
employee exclusion on personal injury coverage; (ii) including employees as additional
insureds; (iii) providing for blanket contractual liability coverage, broad form property damage
coverage, products completed operations, and owner's protective coverage; (iv) deleting any
liquor liability exclusions; and (v) providing for coverage of employers automobile non-
ownership liability. With the exception of the Workers Compensation and Employer's Liability
coverage, each policy of insurance maintained by Garrod Trust hereunder shall name the City,
and its boards, commissions, officers, employees, volunteers and agents, as additional insureds.
All such insurance shall be primary and noncontributory; shall provide for severability of
interests or that an act or omission of an insured or additional insured which would void or
otherwise reduce coverage shall not reduce or void the coverage as to the other insureds or
additional insureds, as the case may be; and shall afford coverage for all claims based on acts,
omissions, injury and damage which occurred or arose (or the onset of which occurred or arose)
in whole or in part during the policy period.
4.3. Workers Compensation Insurance.
Garrod Trust shall provide, or cause to be provided, Workers Compensation insurance
as required by Laws, together with a contingent employer's liability endorsement covering
employees of Garrod Trust and employees of any contracted-subcontractor; agent or
representative of Garrod Trust.
4.4. General Requirements for Insurance.
Each policy of insurance hereunder shall provide that it may not be cancelled or amended
without at least thirty (30) days' prior written notice to the City. Each insurance policy under
this Article IV shall be issued by a financially sound company or companies, licensed to do
business in the State. Garrod Trust shall furnish to the City, on or before the Effective Date of
GARROD TRUST DEVELOPMENT AGREEMENT Page 27
this Agreement and before each effective date of any policy of insurance carried under this
Article IV , a certificate affirming that: (a) such insurance is in full force and effect; (b) the
premiums have been paid in full; (c) the City is designated as an additional insured if required;
(d) the policy contains any required waiver of subrogation; and (e) such insurance may not be
cancelled or amended without at least thirty (30) days prior written notice to the City.
4.5. Mutual Release.
Each Party, for itself and to the extent it is legally permissible for it to do so, and
without affecting the coverage provided by insurance required to be maintained hereunder, on
behalf of its insurer, hereby releases and waives any right to recover against the other Party
from any liability for (a) any loss or damage to property, (b) any loss or damage to buildings or
other improvements, or (c) claims arising by reason of any of the foregoing, to the extent that
such damages and/or claims under (a) through (c) are covered and paid (and only to the extent
of such coverage and payment) by insurance actually carried, or required to be carried under
this Agreement, irrespective of any negligence on the part of such Party which may have
contributed to such loss or damage. The provisions of this Section 4.5 are intended to restrict
each Party (as permitted by Laws) to recovery for loss or damage against insurance carriers to
the extent of such coverage, and waive fully, and for the benefit of the other Party, any rights
and/or claims which might give rise to a right of subrogation in any such insurance carrier.
ARTICLE V
EVENTS OF DEFAULT; REMEDIES; ATTORNEYS' FEES; CERTIFICATES
5.1. Events of Default.
Subject to the provisions of Section 3.2.5 (iii), any failure by either Party to perform any
material term or provision of this Agreement shall constitute an Event of Default, (i) if such
GARROD TRUST DEVELOPMENT AGREEMENT Page 28
defaulting Party does not cure such failure within thirty (30) days following notice of default
from the other Party, where such failure is of a nature that can be cured within such thirty (30)
day period, or (ii) if such failure is not of a nature which can be cured within such thirty (30)
day period, the defaulting Party does not within such thirty (30) day period commence
substantial efforts to cure such failure, or thereafter does not within a reasonable time prosecute
to completion with diligence and continuity the curing of such failure. An Event of Default
arising from the failure of a Party to make payment of monies due under this Agreement, or to
post Security in accordance with this Agreement, shall in all events constitute an Event of
Default capable of cure under clause (i), above. Any notice of and Event of Default given
hereunder shall specify in detail the nature of the failures in performance which the noticing
Party claims constitute the Event of Default and the manner in which such Event of Default
may be satisfactorily cured in accordance with the terms and conditions of this Agreement.
5.2. Remedies.
Upon the occurrence of an Event of Default by Garrod Trust, the City shall have the
right, in addition to all other rights and remedies available under this Agreement or by Law, to
(i) Terminate this Agreement (provided, however, that to the extent possible, Termination shall
be limited to the portion of the Garrod Trust Lands to which the Event of Default applies);
and/or (ii) cease processing, deny or refuse issuance of any City Approval, including building
permits and certificates of occupancy under applicable City Regulations; and/or (iii) bring any
proceeding in the nature of specific performance, injunctive relief or mandamus, and/or (iv)
bring any action at law or in equity as may be permitted by Laws or this Agreement. Upon the
occurrence of an Event of Default by the City, Garrod Trust shall have the right to bring any
proceeding in the nature of specific performance, injunctive relief or mandamus.
GARROD TRUST DEVELOPMENT AGREEMENT Page 29
5.2.1. Judicial Proceeding to Challenge Termination.
Any challenge to a Party's Termination of this Agreement shall be subject to review in the
Superior Court of County of Santa Clara pursuant to California Code of Civil Procedure Section
1094.5(c), as a case in which such Court is authorized by Laws to exercise its independent
judgment on the evidence.
5.3. Waiver.
Failure by a Party to insist upon the strict performance of any of the provisions of this
Agreement by the other Party, irrespective of the length of time for which such failure
continues, shall not constitute a waiver of such Party's right to demand strict compliance by
such other Party in the future. No waiver by a Party of an Event of Default shall be effective or
binding upon such Party unless made in writing by such Party, and no such waiver shall be
implied from any omission by a Party to take any action with respect to such Event of Default.
5.4. Litigation Fees and Expenses.
If either Party brings an action or proceeding (including any cross-complaint,
counterclaim, or third-party claim) against the other Party by reason of an Event of Default, or
otherwise arising out of this Agreement, the prevailing Party in such action or proceeding shall
be entitled to its fees, costs and expenses, including reasonable attorneys' fees. Attorneys' fees
under this Section 5.4 shall include attorney fees on any appeal, and, in addition, a Party
entitled to attorneys' fees shall be entitled to all other reasonable costs and expenses incurred in
connection with such action or proceeding. For purposes of this Section 5.4, the City shall, if it
is the prevailing Party, be entitled to an award of attorneys' fees, costs and expenses which
include those of the City Attorney, but if the City Attorney is an employee of the City (or a
private practitioner compensated by the City on a retainer basis), then reasonable attorneys' fees
GARROD TRUST DEVELOPMENT AGREEMENT Page 30
for the City Attorney shall be based on the hourly fees regularly charged by private attorneys
with an equivalent number of years of professional experience in the subject matter area of the
law for which the City Attorney's services were rendered and who practice in the County of
Santa Clara in law firms providing legal services to municipalities as a specialty of such law
firm or members of such law firm.
5.5. Limitations on Liability of City Officials.
Notwithstanding anything to the contrary herein contained, no elective or appointive
board, commission, officer, employee, volunteer or agent of the City, shall be personally liable
upon any of the obligations of the City hereunder, and Garrod Trust shall have no right of
recourse against the assets of any such other person herein specified.
5.6. Estoppel Certificate.
Either Party may, at any time, and from time to time, deliver written notice to the other
Party requesting such Party to certify in writing that (i) this Agreement is in full force and effect
and a binding obligation of the Parties, (ii) this Agreement has not been amended or modified
either orally or in writing, and if so amended, identifying the amendments, and (iii) to the
knowledge of the other Party, neither Party has committed an Event of Default under this
Agreement, or if an Event of Default has to such other Party's knowledge occurred, to describe
the nature and amount of any such Event of Default. A Party receiving a request hereunder shall
execute and return such certificate within thirty (30) days following the receipt thereof. The
City Manager of the City shall have the right to execute any certificate requested by Garrod
Trust hereunder. Each Party acknowledges that a certificate hereunder may be relied upon by
Transferees and Mortgagees. No Party shall, however, be liable to the requesting party, or third
person requesting or receiving a certificate hereunder, on account of any information therein
GARROD TRUST DEVELOPMENT AGREEMENT Page 31
contained, notwithstanding the omission for any reason to disclose correct information, but such
Party shall be estopped with respect to the requesting party, or such third person, from asserting
any right or obligation, or utilizing any defense, which contravenes or is contrary to any such
information. To facilitate financing or sale of all or portions of the Garrod Trust Lands, Garrod
Trust shall have the right to request and City shall provide estoppel certificates with respect to
portions of the Garrod Trust Lands to be the subject of Mortgages or Transfers.
ARTICLE VI
AMENDMENT AND TERMINATION
6.1. Amendment or Cancellation.
Except as provided in Article I above, this Agreement may be Terminated, modified or
amended only by mutual consent of all of the Parties in writing, and then only in the manner
provided for in Section 65868 of the Development Agreement Legislation. The provisions of
this Section 6.1 prescribe the sole and only means pursuant to which this Agreement may be
Terminated, modified, or amended.
6.2. Certain Actions Not an Amendment.
Notwithstanding the provisions of Section 6.1. above, an amendment to this Agreement
which does not relate to the Term, permitted uses of the Property, location, density or intensity
of use of the Garrod Trust Lands, height, design or size of structures and improvements within
the Garrod Trust Lands, (including replacement such structures or improvements) provisions
for Dedication, or to any conditions, terms, restrictions and requirements relating to City
Approvals related to design, improvement or construction standards and specifications, or to
any use of the Garrod Trust Lands, shall not require a noticed public hearing before the Parties
execute such amendment, but shall require the giving of notice pursuant to Section 65867 of the
GARROD TRUST DEVELOPMENT AGREEMENT Page 32
Development Agreement Legislation as specified by Section 65868 thereof and any
requirement of the Development Agreement Resolution.
ARTICLE VII
NOTICES
7.1. Procedure.
All formal notices to a Party shall be in writing and given by delivering the same to such
Party in person or by sending the same first class mail, with postage prepaid, or by overnight
courier delivery, to such Party's mailing address. The respective mailing addresses of the Parties
are, until changed as hereinafter provided, the following:
City:
Garrod Trust:
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Attention: City Clerk
Garrod Trust
22600 Mount Eden Road
Saratoga, CA 95070
Attention: Jan Garrod
Notices and communications with respect to technical matters in the routine performance and
administration of this Agreement shall be given by or to the appropriate representative of a
Party by such means as may be appropriate to ensure adequate communication of the
information, including written confirmation of such communication where necessary or
appropriate. All formal notices under this Agreement shall be deemed given, received, made or
communicated on the date personal delivery is affected or, if mailed or sent by courier, on the
delivery date or attempted delivery date shown on the return receipt or courier records.
GARROD TRUST DEVELOPMENT AGREEMENT Page 33
7.2. Change of Notice Address.
A Party may change its mailing address at any time by giving formal written notice of
such change to the other Party in the manner provided in Section 8.1 at least ten (10) days prior
to the date such change is effected.
ARTICLE VIII
WARRANTIES AND REPRESENTATIONS OF GARROD TRUST
8.1. Specific Warranties and Representations.
Garrod Trust warrants, represents and covenants to the City as follows:
8.1.1. Organization and Standing.
Garrod Trust is a legal entity, duly formed, validly existing and in good standing under
the laws of the State of California.
8.1.2. Authority.
Garrod Trust has the full power and authority to enter into this Agreement and to
consummate the transactions contemplated hereby. This Agreement has been duly authorized
by all necessary action on the part of Garrod Trust and no other action on the part of Garrod
Trust or any third person is necessary to authorize the execution and delivery of this Agreement
by Garrod Trust.
8.1.3. Title to Garrod Trust Lands.
Garrod Trust owns the Garrod Trust Lands in fee simple absolute, subject to no
conditions, covenants, easements, liens, restrictions, or other encumbrances or exceptions to
title which would:(1) take precedence in title to this Development Agreement with regards to
the Garrod Trust Lands or any portion thereof (2) make title to the Garrod Trust Lands
GARROD TRUST DEVELOPMENT AGREEMENT Page 34
unmarketable; or (3) otherwise prevent or materially interfere with the performance by the
Parties of their rights, duties, and obligations under this Agreement.
8.1.4. Conflicts.
The execution and delivery by Garrod Trust of this Agreement, and the performance by
Garrod Trust hereunder, will not violate any Laws or conflict with, or result in any breach or
violation of or constitute a default (or an event which with notice or lapse of time, or both,
would become a default) under, or constitute an event or condition that would permit
termination or acceleration of the maturity of, any indenture, mortgage, lease agreement or
other instrument or obligation to which Garrod Trust is a party, or by which Garrod Trust or
any of the Garrod Trust Lands may be bound or affected or which would materially adversely
affect the ability of Garrod Trust to perform its obligations under this Agreement. No approval,
authorization, consent or other order or action of, or filing or registration with, any person is
required for the execution and delivery by Garrod Trust of this Agreement or its performance
hereunder.
8.1.5. No Conflict With Orders.
The execution and delivery by Garrod Trust of this Agreement and its performance
hereunder will not conflict with any order, judgment or decree of any court, government,
government agency, or instrumentality, whether entered pursuant to consent, or otherwise, by
which Garrod Trust or any of the Garrod Trust Lands may be bound or
affected.
8.1.6. Litigation.
To the knowledge of Garrod Trust (i) no litigation, action, arbitration, grievance,
administrative proceeding, suit or claim involving Garrod Trust has been filed or is pending,
GARROD TRUST DEVELOPMENT AGREEMENT Page 35
and (ii) no investigation of Garrod Trust by a governmental agency is pending which could
have a material adverse effect on Garrod Trust's ability to perform its obligations under this
Agreement.
8.1.7. Hazardous Material.
To Garrod Trust's knowledge, but without additional investigations other than those
undertaken to date, there are no Hazardous Materials on, in, or under the Garrod Trust Lands,
nor has any release of Hazardous Materials occurred on, in, under, or about the Garrod Trust
Lands. Garrod Trust has not received any notice of any action or proceeding relating to any
such Hazardous Materials, or any such release thereof, on, in, under, or about the Garrod Trust
Lands. Neither Garrod Trust, nor to Garrod Trust's knowledge, any predecessor -in -interest, as
owner or occupant of the Garrod Trust Lands, nor any other third person used, generated,
manufactured, stored, released or disposed of, on, in, or under the Garrod Trust Lands or any
portion thereof, or transported to or from the Garrod Trust Lands any Hazardous Materials.
ARTICLE IX
COVENANTS RUNNING WITH THE LAND
9.1. Covenants Run With The Land.
All of the provisions, agreements, rights, powers, standards, terms, covenants and
obligations contained in this Agreement, and amendments thereto, shall be binding upon the
Parties and their respective heirs, successors (by merger, consolidation, or otherwise) and
assigns, devisees, administrators, representatives, lessees, and all other persons acquiring the
Garrod Trust Lands, or any portion thereof, or any interest therein, or any improvement thereon,
whether by operation of Laws or in any manner whatsoever, shall inure to the benefit of the
Parties and their respective heirs, successors (by merger, consolidation or otherwise) and
GARROD TRUST DEVELOPMENT AGREEMENT Page 36
permitted assigns as Transferees, and shall be enforceable as equitable servitudes and constitute
covenants running with the land pursuant to Section 65868.5 of the Development Agreement
Legislation.
ARTICLE X
MISCELLANEOUS
10.1. Negation of Agency, Partnership or Joint Venture Relationship or Third Party
Beneficiary Rights.
The City and Garrod Trust (the Parties) hereby specifically acknowledge that the
Cooper -Garrod Winery and Garrod Farms Equestrian Facility are part of a private development,
that neither the City, nor Garrod Trust, is acting as the agent of the other in any respect
hereunder, and that each Party is an independent contracting entity with respect to the terms,
covenants and conditions contained in this Agreement. None of the terms or provisions of this
Agreement shall be deemed to create a partnership between or among the Parties in the
businesses of Garrod Trust, the affairs of the City, or otherwise, or cause them to be considered
joint ventures or members of any joint enterprise. This Agreement is not intended and shall not
be construed to create any third party beneficiary rights in any person who is not a party, unless
expressly otherwise provided; and nothing in this Agreement shall limit or waive any rights
Garrod Trust or the City may have or acquire against any third person with respect to the terms,
covenants or conditions of this Agreement.
10.2. Approvals.
Whenever, under this Agreement, the term "approve" (or any grammatical variant
thereof, such as "approved" or "approval") is used in connection with the right, power or duty
of the City, or any representative board, commission, committee or official of the City, to act in
GARROD TRUST DEVELOPMENT AGREEMENT Page 37
connection with any City Approval, such term shall include the right to approve, conditionally
approve, or disapprove in accordance with the applicable terms, standards and conditions of this
Agreement and the applicable City Regulations.
10.3. Not A Public Dedication.
Except for required Dedications, Reservations, or Exactions made in accordance with
this Agreement, and then only
when made to the extent so required, nothing herein contained shall be deemed to be a gift or
Dedication of the Garrod Trust lands, or portion thereof, to the general public, for the general
public, or for any public use or purpose whatsoever, it being the intention and understanding of
the Parties that this Agreement be strictly limited to and for the purposes herein expressed for
the development and use of the Garrod Trust Lands as private property.
10.4. Severability.
If any term, provision, covenant or condition of this Development Agreement is held by
a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions
of this Development Agreement shall continue in full force and effect, unless the provision held
invalid forms a material consideration of this Development Agreement.
10.5. Exhibit and Appendices.
The Exhibits listed in the Table of Contents, to which reference is made herein, are
deemed incorporated into this Agreement in their entirety by reference thereto.
10.6. Entire Agreement.
This written Agreement, and Exhibits attached hereto contain all the representations and
the entire agreement between the Parties with respect to the subject matter hereof. Except for
the Preannexation Agreement and as otherwise specified in this Agreement, any prior
GARROD TRUST DEVELOPMENT AGREEMENT Page 38
correspondence, memoranda, agreements, warranties or representations are superseded in total
by this Agreement. Neither the conduct or actions of the Parties, nor the course of dealing or
other custom or practice between the Parties, shall constitute a waiver or modification of any
term or provision of this Agreement; and this Agreement may be modified or amended only in
the manner specified in this Agreement.
10.7. Construction of Agreement.
All of the provisions of this Agreement have been negotiated at arms -length between the
parties and after advice by counsel and/or other representatives chosen by each Party, and the
Parties are fully informed with respect thereto. Therefore, this Agreement shall not be construed
for or against either Party by reason of the authorship or alleged authorship of any provisions
hereof, or by reason of the status of either Party. The provisions of this Agreement and the
Exhibits attached hereto shall be construed as a whole according to their common meaning and
not strictly for or against any Party and consistent with the provisions hereof, in order to
achieve the objectives and purpose of the Parties hereunder. The captions preceding the text of
each Article, Section and the Table of Contents hereof are included only for convenience of
reference and shall be disregarded in the construction and interpretation of this Agreement.
Wherever required by the context, the singular shall include the plural and vice versa, and the
masculine gender shall include the feminine or neuter genders, or vice versa.
10.8. Mitigation of Damages.
In all situations arising out of this Agreement, the Parties shall attempt to avoid and
minimize the damages resulting from the conduct of the other Party. Each Party shall take all
necessary measures to effectuate the provisions of this Agreement.
GARROD TRUST DEVELOPMENT AGREEMENT Page 39
10.9. Further Assurances; Covenant to Sign Documents.
Each Party shall take all actions and do all things, and to execute. with
acknowledgement or affidavit if required, any and all documents and writings, which may be
necessary or proper to achieve the purposes and objectives of this Agreement.
10.10. Covenant of Good Faith and Fair Dealing.
Neither Party shall do anything which shall have the effect of harming or injuring the
right of the other Party to receive the benefits of this Agreement; each Party shall refrain from
doing anything which would render its performance under this Agreement impossible; and each
Party shall do everything which this Agreement contemplates that such Party shall do in order
to accomplish the objectives and purposes of this Agreement.
10.11. Governing Law.
This Agreement, and the rights and obligations of the Parties, shall be governed by and
interpreted in accordance with the Laws of the State of California.
10.12. References; Terminology.
Unless otherwise specified, whenever in this Agreement reference is made to the Table
of Contents, any Article or Section, or any defined term, such reference shall be deemed to refer
to the Table of Contents, Article or Section or defined term of this Agreement. The use in this
Agreement of the words "including", "such as" or words of similar import, when following any
general term, statement or matter, shall not be construed to limit such statement, term or matter
to specific items or matters, whether or not language of nonlimitation, such as "without
limitation" or "but not limited to", or words of similar import, are used with reference thereto,
but rather shall be deemed to refer to all other items or matters that could reasonably fall within
the broadest possible scope of such statement, term or matter.
GARROD TRUST DEVELOPMENT AGREEMENT Page 40
10.13. Indemnity Obligations.
All indemnity obligations under this Agreement shall survive the Termination of this
Agreement as a Surviving Obligation. A Party's indemnity obligations shall apply only with
respect to events occurring or circumstances arising during such period as such Party owns the
Garrod Trust Lands, or any portion thereof or interest therein or improvements thereon, and
then only to the extent of the interest owned.
10.14. Provisions With Respect to Surviving Obligations and Continuing Effectiveness
of Agreement.
Any provision in this Agreement providing that any term, covenant, condition or
obligation is a Surviving Obligation shall be effective only when and if the term, covenant,
condition or obligation to which such provision for Surviving Obligations pertains is required to
be performed or undertaken by the Party to which such provision pertains. The City shall have
the right to condition the continuing effectiveness and validity of any City Approval on the
requirement that this Agreement continue in full force and effect in accordance with its terms
(or a subsequent development agreement entered into pursuant to the Development Agreement
Legislation and Development Agreement Resolution).
10.15. Garrod Trust Reimbursement or Advance Deposit Obligations.
Whenever Garrod Trust is required to reimburse or make an advance deposit to the City
for fees, costs and/or expenses, Garrod Trust shall effect such reimbursement within thirty (30)
days after receiving an invoice or demand from the City for the amount of such reimbursement
or advance deposit with appropriate substantiation therefore. Regardless of whether this
Agreement provides for reimbursement or advance deposit by Garrod Trust to the City of fees,
costs, and/or expenses, Garrod Trust, shall reimburse or make an advance deposit to the City for
all fees, costs and/or expenses incurred by the City in connection with any action reasonably
GARROD TRUST DEVELOPMENT AGREEMENT Page 41
taken by the City pursuant to this Agreement, the applicable City Regulations, or otherwise, at
the request of Garrod Trust, including the City's then prevailing charges for staff time and
materials, together with a charge for administration and overhead in connection therewith and
for actual changes by consultants or attorneys utilized by the City. The City shall also have the
right, in connection with its incurrence of any such costs and expenses, to require Garrod Trust
to make an advance deposit with the City, in cash, such amounts as may be necessary to cover
the fees, costs and/or expenses anticipated by the City to be incurred and reimbursed by Garrod
Trust. Prior to requiring Garrod Trust to make such advance deposit with the City, the City shall
first prepare, and obtain Garrod Trust's approval of, an estimated budget before incurring such
fees, costs and/or expenses. If Garrod Trust does not approve the City's estimated budget, the
City may, at its sole discretion, suspend all activities that would cause the City to incur fees,
costs and/or expenses reimbursable by Garrod Trust. The City's suspension of such activities
shall not constitute an Event of Default under this Agreement.
10.16. Interest on Past Due Amounts.
Any amount payable by a Party to the other Party under this Agreement which is not paid when
due under the applicable provisions of this Agreement shall bear interest from the date due until
paid at the lower of (i) the prime or reference rate in effect and publicly announced by Bank of
America, from time to time, plus three percent (3%), or (ii) the maximum rate permitted by
applicable usury Laws. If Bank of America discontinues the use of a prime or reference rate,
then the Parties shall substitute another bank's prime or refinance rate or an interest rate index
most closely approximating the result which would have been achieved by the Bank of America
prime or reference rate, as reasonably determined by the Parties. As used herein, "prime" or
"reference rate" means the base rate that Bank of America from time to time establishes and
GARROD TRUST DEVELOPMENT AGREEMENT Page 42
which serves as the basis upon which effective rates of interest are calculated for those loans
making reference thereto.
10.17. Signature Pages.
For convenience, the signatures of the Parties to this Agreement may be executed and
acknowledged on separate pages which, when attached to this Agreement, shall constitute this
as one complete Agreement.
10.18. Time is of the Essence.
Time is of the essence of this Agreement and of each and every term and condition
hereof.
IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the day
and year first above written.
AUTHORIZED SIGNATURE OF CITY TO AGREEMENT
City of Saratoga, a municipal corporation
Date: By
Chuck Page, Its Mayor
Approved as to form:
By
Richard Taylor, Its City Attorney
AUTHORIZED SIGNATURE OF GARROD TRUST TO AGREEMENT
Date:
Date:
Date:
GARROD TRUST
By
Name/Title: James G. Cooper/Trustee
By
Name/Title: Victoria Bosworth/Trustee
By
Name/Title: Vince S. Garrod/Trustee
GARROD TRUST DEVELOPMENT AGREEMENT Page 43
Approved as to form:
By
Peggy O'Laughlin, Attorney for Garrod Trust
GARROD TRUST DEVELOPMENT AGREEMENT Page 44
State of California
County of
ACKNOWLEDGEMENT
On before me,
personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
ACKNOWLEDGMENT
State of California
County of
On before me,
personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
GARROD TRUST DEVELOPMENT AGREEMENT Page 45
State of California
County of
ACKNOWLEDGEMENT
On before me,
personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
ACKNOWLEDGMENT
State of California
County of
On before me,
personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
GARROD TRUST DEVELOPMENT AGREEMENT Page 46
Attachment 4
REPORT TO THE PLANNING COMMISSION
Meeting Date: June 27, 2012
Application Type / No: ANX10-0002, ZOA09-0009, CUP10-0005
Location / APN'S: 22600 Mount Eden Road
503-10-044,065,067; 503-11-008,009;
503-74-001,002,003,004
Owner / Applicant: Garrod Trust
Staff Planner:
Christopher Riordan, AICP
22600 Mount Eden Road
SUMMARY
Application No. ANX10-0002, ZOA09-0009, CUP10-0005 /22600 Mount
Eden Road
Project Description: The Cooper -Garrod Winery and Garrod Farms Equestrian Center
("Winery/Equestrian Facility" or the "Facility") is located at 22600 Mt. Eden Road. The Garrod
Trust owns approximately 120+ acres on which the Winery/Equestrian Facility is located. Of the
120+ acres:
(1) 51 acres is located in the City of Saratoga and zoned with an overlay of "AP/OS"
(Agricultural Preserve/Open Space), with underlying zoning of "HR" (Hillside Residential);
(2) 68 acres is located in the unincorporated area of the County of Santa Clara (separate parcels
pre -zoned by the City as "R -OS" (Residential -Open Space); and
(3) 1.5 acres is located in the City of Cupertino (outside Saratoga's Sphere of Influence).
The Garrod Trust has stated that having properties in multiple jurisdictions with land use authority
has created a situation that has made long-term planning of any modifications to the
Winery/Equestrian Facility cumbersome and in some cases impossible to achieve. As a result, the
Garrod Trust has proposed annexation of the 68 acres currently in the County into the City of
Saratoga and requested that the currently existing uses and structures be recognized as conforming
uses and structures once annexed.
The proposed annexation package has a number of components which include the following:
• A Development Agreement that recognizes existing structures, land uses, and lot coverage
on Garrod Trust Property currently in the City of Saratoga.
• A Zoning Amendment to add Agricultural Preserve/Open Space Overlay Zoning on Garrod
Trust Property proposed for annexation to City of Saratoga.
• A Combined Williamson Act Contract (to become effective upon Final Approval of
Annexation) for the 120 acre Garrod Trust properties to be inside City boundaries, by
rescission of existing County and City Contracts and simultaneous reentry into a new
Williamson Act Contract with City.
• An application for Use Permit (to become effective upon Final Approval of Annexation)
governing use of the 120 acre Garrod Trust properties to be inside City boundaries.
• Proposed California Environmental Quality Act exemption, under CEQA Guideline 15319,
for the project as it can be seen with certainty that there is no possibility that there is any new
proposed activity that may have a significant effect on the environment
The above actions require review and recommendation by the Planning Commission and final
review by the City Council.
Staff Recommendation: Adopt Resolution #12-031 recommending that the City Council approve
a Development Agreement, a Combined Williamson Act Contract, and an Ordinance adding
Agricultural Preserve/Open Space overlay zoning to all the properties to being annexed to the City;
and adopt Resolution #11-010 approving a Use Permit for the commercial stable and the winery for
the 68 acres to be annexed to Saratoga.
PROJECT DATA
2
Application No. ANX10-0002, ZOA09-0009, CUP10-0005 /22600 Mount
Eden Road
Zoning of Parcel located in Saratoga:
Proposed Zoning of Parcels to be Annexed:
General Plan Designation of Parcel located
in Saratoga
General Plan Designation
of Parcels to be Annexed:
Hillside Residential (HR) with Agricultural
Preserve (AP -OS) overlay
Residential Open Space (R -OS) with
Agricultural Preserve (AP -OS) overlay
Residential Hillside Conservation (RHC)
Hillside Open Space (OS -H)
Combined Parcel Size: Approximately 120 acres
PROJECT DISCUSSION
Background Report Regarding Benefits of Annexation and Current Status of Property:
A Background Report prepared by the Assistant City Attorney is included as Attachment #3. This
report includes a detailed discussion of the current status of the Property (existing structures and
uses) and evidentiary support for recognizing most (if not all) uses and structures as "conforming to
City regulations." This is accomplished by means of a proposed Development Agreement as to
those uses and structures on the property already in the City. The limiting parameters on those
existing uses and structures (and any replacement or minor expansion or intensification now
anticipated) will be established by a Use Permit and Combined Williamson Act Contract covering
the 120 -acres which will end up inside the City boundaries.
As the Background Report explains, Garrod Trust already holds a Use Permit granted by the County
for its Equestrian Facility (1964) and it's Winery (1994). In addition, the City's General Plan
strongly supports agricultural and equestrian uses and three Williamson Act Contracts already exist
(two for properties in the County and one for the property in the City). The compatible uses allowed
under those Contracts include most if not all of the uses and structures existing on the Property and
the City's Agricultural Preserve/Open Space Overlay Zone District (already on the Property in the
City and required to be added to the Property to be Annexed) authorizes all compatible uses
identified in the Williamson Act Contract. A proposed Conditional Use Permit will be required to
cover the entire 120 acres after annexation and conditions of approval will establish appropriate
limiting parameters.
Development Agreement:
The project includes a Development Agreement that recognizes existing structures, land uses, and
lot coverage on Garrod Trust Property currently in the City of Saratoga. This agreement that is
included in Attachment #1 is a contract between the City of Saratoga and Garrod Trust with the
purpose of specifying the standards and conditions that will govern future development of the
Garrod Trust lands.
Combined Williamson Act Contract:
3
Application No. ANX10-0002, ZOA09-0009, CUP 10-0005 / 22600 Mount
Eden Road
The project would include all the parcels currently located in the City and the annexed parcels
currently located in the County of Santa Clara under a Combined Williamson Act Contract. This
would require rescission of existing County and City Contracts and simultaneous reentry into a new
Williamson Act Contract with City. A copy of the proposed Williamson Act Contract is included in
Attachment #1.
The intent of the California Land Conservation Act, better known as the Williamson Act, is to
preserve agricultural and open space lands by discouraging premature and unnecessary conversion
to urban uses. The Act creates an arrangement whereby private landowners contract with counties
and cities to voluntarily restrict land to agricultural and open -space uses. The vehicle for these
agreements is a rolling term 10 -year contract (i.e. unless either party files a "notice of nonrenewal"
the contract is automatically renewed annually for an additional year). In return, restricted parcels
are assessed for property tax purposes at a rate consistent with their actual use, rather than potential
market value.
Agricultural Preserve/Open Space Overlay Zoning Amendment:
All the annexed properties would be made subject to the Agricultural Preserve/Open Space Overlay
zoning. The AP -OS overlay promotes agricultural uses and such zoning amendment is required for
land on which Williamson Act contracts are executed and renewed. The overlay zone thereby
encourages and preserves such contracts in accordance with the policies set forth in the General
Plan. A copy of the proposed ordinance amending the Zoning Code and map to include AP/OS
zoning on the parcels to be annexed is included in Attachment #1.
Conditional Use Permit:
The 68 acres to be annexed to the City are pre -zoned Residential Open Space (R -OS) and would be
designated as such upon final annexation approval. Garrod Trust operates a commercial stable and
a winery on the parcels to be annexed and both the commercial stable and winery are designated as
conditional uses in the R -OS zone district requiring the issuance of a conditional use permit.
Commercial stables are defined in Section 15-06.640(c) as follows:
"Any establishment providing services or shelter for equines owned and used by someone
other than the occupant or owner of the residence and including but not limited to boarding
stables, riding schools, related shows, lessons, clinics and similar activities"
The Conditional Use Permit that is included as Attachment #2 will enable the City to establish
parameters and conditions of approval for the commercial stable and winery use and require an
amendment of it if the Property Owner desires to intensify the use in the future.
Annexation -Related Benefits and Risks:
The annexation would offer benefits to the City. Considering the benefits of annexation and the
ability of the City to provide public services, the City's General Plan and Hillside Specific Plan
establish goals and polices applicable to annexations which are relevant to the Garrod Trust
Application. General Plan ("GP") Policy LU 14.1 provides that: "Land shall not be annexed to
Saratoga unless it is contiguous to the existing city limits, within the Sphere of Influence, and it is
4
Application No. ANX10-0002, ZOA09-0009, CUP10-0005 /22600 Mount
Eden Road
determined by the City that public services can be provided without unreasonable cost to the City
and dilution of services to existing residents. Similarly, Goal 5 of the Hillside Specific Plan ("HSP")
is that "development and maintenance of public services shall minimize financial risks to the City
and shall be equitable to all citizens of Saratoga."
As to the first two quantified requirements of GP LU 14.1, the Garrod Trust Property complies in
that it is contiguous to the existing City limits (indeed nearly half of the 120+ acres are already in the
City), and the 68 acres proposed to be annexed is within the Saratoga Sphere of Influence.
With regard to minimized financial risk (HSP Goal 5), avoidance of disproportionate financial risk
to the City will be accomplished by Garrod Trust providing some stabilization of areas for the
annexation -related geological hazard risks to the City regarding Mt. Eden Road as identified by the
Geotechnical Evaluation of Roadway Conditions Report already conducted at the expense of the
Garrod Trust (See Attachment #6). The County has also committed to provide some funding for
this purpose as well. The most recent communication from the County in this regard is as follows:
The County's road annexation policies include the agreement to resurface roads that
are to be annexed from the County to another public agency. Instead of the County
performing this road resurfacing work prior to the annexation of approximately 2,075
feet of Mount Eden Road, the County has agreed to provide approximately $25,000
to the City to pay for the cost of resurfacing. This amount is based on the most recent
unit costs from contractors that the County has contracted work to perform similar
road resurfacing work.
The Geotechnical Evaluation of Roadway Conditions Report identified at least two
roadway drainage facilities that require repair. The County has indicated that this
work will be paid for by the County and performed by County roadway crews. The
County has estimated that their costs to pay for the repairs would be approximately
$40,000.
HSP Goal 5 that the annexation be equitable to all citizens of Saratoga is supported by the fact that
the portion of the Property proposed to be annexed will bring in annually $750,000 to $1,000,000 in
additional gross property tax revenues (as estimated by Garrod Trust), and the City receives 1 cent of
the 9.25 cents in sales tax collected on every taxable dollar — meaning the City would receive
approximately $7,500 to $10,000 per year in additional sales tax revenues. This additional revenue
also supports the GP LU 14.1 determination that public services can be provided without
unreasonable cost to the City and dilution of services to existing residents. Analysis of whether this
determination can be made is in the context of the fact that the public services which are provided by
the City are already being provided to nearly half of the Garrod Trust Property. Since Saratoga is a
"contract city" for most public services, the primary services for the Property to be annexed will
remain essentially the same.
5
Application No. ANX10-0002, ZOA09-0009, CUP10-0005 / 22600 Mount
Eden Road
Other benefits to the City and the public will include public trail and restroom access. These
benefits were assessed and supported by the City Parks, Equestrian and Trails Committee
(PEBTAC) at its meeting on November 16, 2010.
NEIGHBOR CORRESPONDANCE
Staff sent a "Notice of Public Hearing" to all property owners within 500 feet of the subject
property. The public hearing notice and description of the project was published in the Saratoga
News. No public comments, either positive or negative, have been received at the time of the
preparation of this Staff Report.
ENVIRONMENTAL REVIEW
This Annexation and the attendant agreements, conformity determinations, and zoning actions will
produce no physical change in the environment because they will merely recognize the currently
existing lawfully established uses and structures on the Garrod Trust Property and document and
clarify the proper land use regulatory regime already applicable (or required to be applicable) to the
Garrod Trust Property by virtue of existing Williamson Act contracts and City pre -General Plan
designation and pre -Zoning.
The Garrod Trust has informed the City that it operates 365 days a year and is generally open to
customers and the public with the exception of some holidays. The Facility already conducts
numerous special events associated with the stables and winery. These include community events
such as the Saratoga Historical Foundation annual picnic and Saratoga High School Reunions,
corporate events for local businesses such as Cisco, weddings, neighborhood open houses and
equestrian competitions. In 2009 there were a total of 60 events utilizing indoor or outdoor facilities
or both. The number of visitors varies (typically from 150 — 300 visitors over a 4 — 8 hour period).
The largest attendance in 2009 was the Mother's Day Vaulting Fest with 710 visitors over a 12 hour
period. For larger events, vehicular circulation and parking are directed at key locations by Garrod's
Winery/ Equestrian Facility staff and additional restroom facilities are brought in. A copy of the
parking management plan is attached to the Use Permit (Attachment #2).
The Garrod Trust has represented that they has no future plans for use or development of the
properties other than to continue to operate the existing businesses using sustainable environmental
practices, and to maintain existing housing for family members and employees.
Annexations such as this one are categorically exempt from the California Environmental Quality
Act (CEQA) pursuant to the Guidelines for Implementation of CEQA (14 Cal Code § 15319). CEQA
applies only to projects which have the potential of causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question may have
a significant effect on the environment, the activity is not subject to CEQA. This annexation would
not have the potential to cause a significant effect on the environment because all site improvements
are pre-existing, no changes are proposed, so therefore, annexation would not have the potential to
cause a significant effect on the environment.
ATTACHMENTS:
6
Application No. ANX10-0002, ZOA09-0009, CUP10-0005 /22600 Mount
Eden Road
1. Resolution Recommending approval of Williamson Act Contract, Agricultural Preserve/Open
Space Overlay Zoning Amendment, and a Development Agreement with the following
attachments:
A. Development Agreement
B. Combined Williamson Act Contract
C. Ordinance
2. Resolution for Conditional Use Permit
3. Background Report
4. Existing Conditions Map — Aerial Photo
5. Existing Land Use Map
6. Geotechnical Evaluation of Roadway Conditions Report prepared by Cotton, Shires and
Associates
7. Geotechnical Hazard Mitigation Cost Estimate prepared by Cotton, Shires and Associates
7