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