HomeMy WebLinkAboutCity Council Resolution 95-25.1 RESOLUTION NO. 95- 25. I
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA ADOPTING A NEGATIVE
DECLARATION FOR THE TENTATIVE CANCELLATION
OF WILLIAMSON ACT CONTRACT FOR PROPERTY AT
20851 SARATOGA HILLS ROAD
Recitals
1. The Community Foundation is the owner of certain real property
located at 20851 Saratoga Hills Road, Saratoga, California, commonly known as
Nelson Gardens (hereinafter referred to as "the Property").
2. The Property is currently subject to a "Williamson Act Contract,"
recorded in the Office of the Recorder of Santa Clara County on May 19, 1971,
pursuant to the California Land Conservation Act of 1965, otherwise known as the
Williamson Act.
3. The Community Foundation has petitioned the City of Saratoga for
cancellation of its Williamson Act Contract with respect to the entire Property, in
accordance with the provisions of Sections 51280-5 1287 of the Government Code.
4. The City prepared an initial study of the tentative cancellation project
through completion of an Initial Study and Checklist, (See Attachment A). The
initial study contains an explanation of checklist answers.
5. Based on the initial study checklist and explanations, the CiW
concluded the tentative cancellation project could not have a significant effect on the
environment, and proposed a Negative Declaration of environmental effect pursuant
to CEQA Section 2 I080(c) and CEQA Guidelines Section 15070. (See Attachment
A, "Determination").
6. Public review of the draft Negative Declaration commenced on or about
March 20, 1995 with circulation of the Public Notice of Availability, and continued
for 30 days until on or about April 19~ 1995.
7. During the public review period, the City received no comments.
8. On May 3, 1995, the City Council considered the Negative Declaration.
NOW, THEREFORE, be it resolved by the City Council of the City of
Saratoga as follows:
A. The foregoing Recitals are true and correct and made a part of
this Resolution.
B. The City Council has reviewed and considered the Negative
Declaration and hereby adopts the Negative Declaration, finding the tentative
cancellation project could have no significant effect on the environment; the City
Council further finds the adopted Negative Declaration reflects the independent
judgment of the City as the lead agency.
Passed and adopted at a regular meeting of the City Council of the City
of Saratoga held on the 17th day of May, 1995, by the following vote:
AYES: Councilmembers Jacobst Moran, Tucker, Wolfe and Mayor Burger
NOES None
ABSENT: None
ATTEST:
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DECLARATION~T~RO~AL
IMPACT REPORT NOT ZtEQUI~
(Negative Declaration)
._pROJECT: Tentative Williamson Act Cancellation
FI~E NO: GP-94-003, AZ0-94-002 & SD~94-005
LOCATION:20851 Saratoga Hills Rd.
Saratoga, CA 95070
The undersigned, Director of CommunitX Development and
Environmental Control of the CITY~ OF SARATOGA, a Municipal'
Corporation, after study and evaluation, has determined, and does
hereby determine, pursuant to the applicable provisions of the
Environmental Quality Act of 1970, Section 15063 through 15065 and
Section 15070 of the California Administrative Code, and Resolution
653 of the City of Saratoga, and based on the City's independent
judgment, that the following described project will have no
significant effect (no substantial adverse impact) on the
environment within the termS'and meaning of said Act.
PROJECT DESCRIPTION
Tentative cancellation of Williamson Act Land Contract on 5.1 acres
of land, two {2) of which are in an apricot orchard, in order to
consider a General Plan and Zoning Ordinance designation amendment
and subdivision of the property into nine {9) residential lots.
The subject property is located at 20851 Saratoga Hills Road.
NAME AND ADDRESS OF APPLIC~NT
The Community Foundation of Santa Clara County
Virginia Fanelli, Agent
960 W. Hedding, Suite 220.
San Jose, CA 95126
Phone~ (40~) 996-8188
REASON FOR NEGATI~ DECLARATION
The tentative Cancellation will affect only the tax exempt status
of the land and will not have any environmental impact. The
tentative approval of the cancellation is not an entitlement for
use; the underlying open space/outdoor recreation zoning and use
will remain unchanged. Any proposed alternative use will require
further environmental review.
: paul~s~~/
Community Development Director
~rma~clg=
CITY OF SARATOGA
.__ INITIAL STUDYFORDRMINING
PRO~CT: Tentative Wiiliamson Act Cancellation
~OCATION:'20851 Saratoga Hills Rd .~~ SaratOga, C_~ 95070'
I. .BACKGRO~
1. Name of Proponent:
The Community Foundation of Santa Clara County
Virginia FansIll,. 'Agent
2. Address and phone number of Proponent:
960 W. Hedding, Suite 220
San Jose, CA 95126
Phone: (408) 996-8188
3. Date of Checklist submitted: 3/16/95
4. Agency requiring Checklist: City of Saratoga
5. Name of Proposal, if applicable: N/A
II. ~IRONME~AL IMPACTS
YES MAYBE NO
1. Ear~, Will the proposal result in:
a. Unstable earth conditions or in changes in
geologic substructures? ............ ~
b. Disruptions, displacements, compaction or
oVer-crowding of the soil? X
c. Change in topography or ground surface relief
features? - X
d'. The destruction, covering or modification of
any unique geologic or physical features? X
e. Any increase in wind or water erosion~ of
soils, either on or off the site? .X
~ . yES MAYBE NO
'!/!~ f. Changes in siltation, deposition or erosion
.. which may modify the channel of a river or
stream or the bed of a lake? X
g. Exposure of people or property to geologic
hazards such as earthquakes,. landslides, mud-
.. slides, ground failure or similar hazards?
2. Air. Will the proposal result in:
a. Substantial air emissions or deterioration of
ambient air quality? _Z_X
b. .The creation of objectionable odors? .X
c. Alteration of air movement, moisture or temp-
e.rature, or any change in climate, either
locally or regionally? X
3. water. will the proposal result in:
a. Changes in currents, or the course or
direction of water movements in fresh water? X
b. Changes in absorption rates, drainage patterns,
or the rate and amount of surface water runoff? X
c. Alterations to the course or flow of flood
waters? X
d. Change in the amount of surface water or any
water in any water body? .......... X
e. Discharge into surface waters, or in any altera-
tion of surface water quality, including but not
limited to temperature, dissolved oxygen or
turbidity? .... ~
f. Alteration of the direction or rate of flow or
ground waters? __X
YES MAYE~ NO
~!' g. Change in the quantity of ground waters, either'
. through direct additions or withdrawals, or
through interception of an aquifer.by cuts or
excavations? X
h. Substantial reduction in the amoun~.Qf water
otherwise ~vailable for public water supplies? X
i. Exposure of people or property to water related
hazards such as flooding? .... X .....
j. Significant changes in the temperature, flow, or
chemical content of'surface thermal springs? X
4. Plant Life. Will the proposal result in:
a. Change in the diversity of species, or number of any
species of plants (including. trees, shrubs,
grass crops, and aquatic plants)? ........... X.
b. Reduction of the numbers of any unique, rare or
endangered species of plants? X
c. Introduction of new species of plants into an area,
or in a barrier to the normal replenishment of
existing species?. X
d. Reduction in acreage of any agricultural crop? X
5. Animal Life. Will the proposal result in:
a. change in the diversity of species, or numbers of
', any species of animals (birds, land animals
including reptiles, fish, or insects)? X
b. Reduction in the numbers of any unique, rare or
endangered species of animals? X
c. Introduction of new specie. s of animals into an area
or result in a .barrier to the migration or
movement of animals? X..
~!- d. Deterioration to existing wildlife or fish
... habitat? .... X
6. N~ise. Will the proposal result in:
a. Increases ih existing noise l~vel&.~" . ....... X
b. Exposure of people to severe noise levels? .,X
7. LiGht and Glare, Will the proposal produce new
light or glare? ....... X
8. Land Use. Will. the proposal result in a substantial
alteration of the present or planned land use of an
area? X
9. Natural Resources· Will the proposal result in:
a. increase in the rate of use of any natural
resources? X
b. Substantial depletion of any nonrenewable natural
resource? X
10. RiCk.of UDeet. Will th~ p~oposal involve:
a. A risk of an explosion or the release of hazardous
substances (including, but not limited to, oil,
pesti~ides, chemicals or radiation) in the
event of an accident or upset conditions. X
· . b. POssible interference with an emergency response
plan or an emergency evacuation plan? X
11. Population. Will the proposal alter the location,
distribution; density, or growth rate of the human
population of an area? ................ X
12. Hodsin~. Will the proposal affect existing housing,
or create a demand for additional housing? .. X
YES MA~E NO
13 ?':~' ..Transportation/Circulation. Will the proposal result ., in:
a. Generation of subetantial additional vehicular
movement ? X
b. Effects on existing parking facilities, or
demand for new parking? -X
c. Substantial. impact upon existing transportation
systems? X
d. Alterations to present patterns of circulation
· or movement of people and/or goods? X
e. Alterations to waterborne, rail or air traffic? ...... X .....
f.. Increase in traffic hazardous to motor vehicles,
bicyclists or pedestrians? "' X
14. Public Services, will the proposal have an effect
upon services in any of the following areas:
a. Fire protection? . X
b.' Police ~rotectio~? X
c. Schools? X
d. Parks or other recreational facilities? X
e. Maintenance of public facilities, including
roads ? X
· -f. O~her governmental services? X
15. Enerc7_. Will the proposal result in:
a. Use of substantial amounts of fuel or energy? . X
b. Substantial increase in demand upon existing
sources of energy, or require the development
of new sources of energy? X
YES MAYBE NO
16>'! U~litie~.. Will the proposal result in a need for
.. new systems, or substantial alterations to the following
utilities?
a. Power or natural gas? ....... ~
b. Communications system? .... ~
c. Water? X
d. Sewer or septic tanks? ....... X
e. Storm water drainage? X
f. Solid waste and di~Fosal? ~
17. Human Health. Will the proposal result in:
a. Creation of any health hazard or potential
health hazard (excluding mental health)? X
b. Exposure of people to potent'i'al health hazards? . . X
18. Aes~be.~ics. will the proposal result in the obstruc-
tion of any scenic vista or view open to the public, or
will the proposal result in the creation of an
aesthetically offensive site open to public view? X
19. ReCreation. Will the proposal result in an impact
upon' the quality or quantity of existing recreational
opportunities? ..X.
20. Cultural ResourCeS.
a. Will the proposal result in the alteration of or
· - the destruction of a prehistoric or historic
archeological site? .... X .....
b. Will the proposal result in adverse physical or
aesthetic effects to a prehistoric or historic
building, structure, or object? X
c. Does the proposal have the potential to cause a
physical change which would affect unique ethnic
cultural values?
Y~S ~Y~E NO
Will the proposal restrict existing religious or
sacred uses within the potential impact area? X
21. Mandatory Findings of Sicnificance:
... a. Does the project have the potenti~i'eo degrade the'
quality of the environment, substantially reduce
the habitat of fish or wildlife species, cause a fish
wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the
range of a rare or endangered plant or animal
or eliminate important examples of the major
periods of California history or
prehistory? X
b. Does the project have the potential to achieve
short-term, to the disadvantage of long-term,
environmental goals? (A short-term impact on
the environment is one which.occurs in a rela-
tively brief, definitive period of time while
long-term impacts will endu~ well into the
future). X
c. Does the project'have impacts which are individually limited,
but cumu!atively considerable? (A project may impact on two or
more separate resources where the impact on each resource is
relatively small, but where the effect of the total of those
impacts on the environment is significant).
d. Does the project have environmental effects which
will cause subst"antial adverse effects on human
beings, either directly or indirectly? X
III. DISCUSSION OF ENVIRONMENTAL ~V]~LUATION
The tentative cancellation will affect only the tax exempt status of the land
and will not have any environmental impact. The tentative approval of the
cancellation is not an entitlement for use; the underlying open space/outdoor
recreation zoning and use will remain unchanged. Any proposed alternative
use will require further environmental review.
XV. DETERMINATION:
On the basis of this initial evaluation:
_X_ I find the proposed project COULD NOT have a significant el.fact on
the environment, and a NEGATIVE DECLARATION will be prepared.
"' .:.. I find that although the proposed project could have a significant
"~?'! effect on the environment, there will not be a significant effect
. in this case because the mitigation measures described on an
attached sheet have been added to the project. A NEGATIVE
DECIakRATION WILL BE PREPARED.
I find the proposed project MAY have a significant effect on the
environment, and.an ENVIRONMENTAL IMPACT. REPORT is required.
DATE S
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