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HomeMy WebLinkAbout04-06-1988 City Council Staff Reports�6o go jd 70 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY N0. ,� AGENDA ITEM _7 MEETING DATE: 4/6/88 ORIGINATING DEPT: ENGINEERING CITY MGR. APPROVAL v/ SUBJECT• . Consultant Services for Two Saratoga - Sunnyvale Road Median Projects Recommended Motion: Authorize award of consultant contract for Design of Landscape Median on Saratoga- Sunnyvale Road, Village to Verde Vista and median plus frontage on Saratoga - Sunnyvale Road, Seagull to Prospect to the firm of Wilsey and Ham. Report Summary: Proposals were requested for median deisgn. Five were received for southerly project and three of those five submitted proposals for the northerly project. Staff, with the assistance of four Park and Recreation Commissioners conducted interviews and recommend the firm of Wilsey and Ham to provide the' consultation on both of these projects. Fiscal Impacts Total fee of approximately $110,800. At+..'I' I-. - Staff Report. Motion and Vote: 6�# I s�_o . REPORT TO MAYOR AND CITY COUNCIL DATE: 3 -30 -88 COUNCIL MEETING: 4 -06 -88 SUBJECT: Consultant Services for the Saratoga- Sunnyvale Road Median Projects This office solicited proposals for consultant services for design of the median on Saratoga - Sunnyvale Road between the Village and Verde Vista and for design of the median and frontage improvements on Saratoga - Sunnyvale Road between Seagull and Prospect. We received five proposals for the southerly project and three of those five made proposals for the northerly project. The City Manager, Maintenance Director, and I with the help of four of the Park and Recreation Commissioners conducted interviews with all five con- sultants on March 21. It was the unanimous decision to recommend to you the firm of Wilsey and Ham to provide consultant services for both projects. With your approval we will complete contract negotiations for this work. The Wilsey & Ham firm has in -house expertise to perform all facets of the work on these projects except the soils investigation which they will sub- contract for. In addition they will have the existing soils analyzed to deter- mine it's adequacy to support the planning. Wilsey & Ham, whose project manager is a prior resident of the City and a prior employee of the Saratoga Planning Department, is extremely interested in these projects and anxious to start work. They estimate the southerly project can be constructed within 6 months of award of consultant contract. The northerly project will require a longer schedule. Design on assessment proceeding is estimated to take 5 -6 months. In reviewing proposals for this type of professional service it is appro- priate to first set aside any estimate of costs and review the proposals on their merit. Having done that we find that the Wilsey and Ham estimate of fees is the lowest for either of the projects and the combination. Finalizing the fee will result from further discussion and understanding of the scope of the work. Robe t S. Shook City Engineer Page 2 Note: Following is a list of firms submitting proposals and their approximate fee: South Project North Project Wilsey & Ham $ 35,300 $ 75,500 Brian Kangas Foulk 42,340 82,420 Robert La Rocca 40,000 & Cont. Adm. Creegan & D'Angelo 61,500 117,250 Ruth & Going 62,400 530 3 r SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. I AGENDA ITEM 3 1 j MEETING DATE: 3-29-88(4-6-88) CITY MGR. APPROVAL ORIGINATING DEPT: ENGINEERING DEPARTMENT SUBJECT • FINAL MAP APPROVAL FOR TRACT 8053 Manor Drive, Debor Corporation Recommended Motion: Adopt Resolution No. SD -87- 001 -02, attached, approving Final Map for Tract 8053. Report Summary: I. Tract 8053 is ready for Final Approval. 2. All the requirements for City and other departments have been completed. 3. All fees have been paid. Fiscal Impacts None. Attachments: 1. Resolution No. SD -87- 001 -02. 2. Resolution approving Tentative Map. 3. Location Map. Motion and Vote: 'V .J • RESOLUTION NO. SD -87- 001 -02 RESOLUTION APPROVING FINA -L MAP OF TRACT 8053 WHEREAS, a final subdivision map of TRACT 8053 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 sati- sfactorily improved nor completes 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 or e! -1- estimated cost of improvements, agreeing to improve said streets, public ways and easements in accord with the standards of Chap. 14, Municipal Code 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: Mr.- s CITY CLERK MAYOR RESOLUTION NO. Sn -87 -001 RESOLUTION APPROVING TENTATIVE MAP OF DNS Development APN # 366 -22 -7? WHEREAS, application has been made to the Advisory Agency under the Subdivision Map Act of the State.of California and under the Subdivi5ion Ordinance of the City of Saratoga, for tentative map approval of a lot, site or subdivisions of 5 lots, all as more particularly set forth in File Nn . gn- R7 -iT201 of this City, and 1.4HEREAS, this Advisory Agency hereby finds together with the provisions for its design with the Saratoga General Plan and with thereto, and the proposed subdivision and objectives policies and general land use General Plan, reference to the Staff Repo; hereby made for further particulars, and that the proposed subdivision, and improvement, is consistent all specific plans relating land use is compatible with the and programs specified in such -t dated April 22. 1987 being WHEREAS, this body has heretofor received and considered the Negative Declaration prepared for this project in accord with the currently applicable provisions of CEQA, and WHEREAS, none of the conditions set forth in Subsections (a) through (g) of Government Code Section.66474 exist with respect to said subdivision, and tentative approved should be gran:te.d in accord faith conditions a -s hereinafter .set forth. NOW, THEREFORE, BE IT RESOLVED that the tentative map for the hereinafter described subdivision, which map is dated the Sth day of January, 1967 and is marked Exhibit B in the hereinabovereferred to file, be and the same is hereby conditionally approved. The conditions of said approval are as more particularly set forth on Exhibit A and incorporated herein by reference. The above and foregoing resolution was duly passed and adopted -by the Planning Commission at'a meeting thereof held on the-22 day of April, 19L7, at which a quorum was present, by the following vote: AYES: Harris, Callans, Guch, Siegfried, Tucker NOES: ADVISORY AGENCY ABSENT: Burger by Chair, n, Planning Commission See et ry, Planning Commission 2 r SD -87 -001', NW Corner of Manor Dr, and Saratoga Sunnyvale Rd. Exhibit A Conditions of Approval I. The applicant shall sign the agreement to these conditions within 333@ days of the passage of +.his resolution or said resolution shall be void. II. The applicant shall comply with all applicable provisions of Chapter 14 of the City Code,,inc- lading without limitation the submission of a Record of Survey or Tract 'Map, payment of storm drainage fee and park and recreation fee as established by Ordinance in effect. at the time of tentative approval, submission of engineered improvement plans-for. any street work'and compliance with applicable Health Department regulations and applicable Flood Control regulations and requirements of the Central Fire District. Reference is hereby made to said Ordinance for further particulars. III. Specific Conditions- Enc7'ineerinQ Division 1. Pay storm drainage fee in effect at the time-of obtaining Final Map approval: 2. Submit tract map to City for checking and recordation and pay required fees 3. Submit "Irrevocable Offer of Dedication" to provide for a 40 ft. half - street on Manor Drive 4. Improve Manor Dr. with 1 1/2" asphalt overlay over petromat fabric S. Improve Saratoga- Sunnyvale. Rd. between Manor Dr, and railroad including the following= a. Designed g +.ructual section between edge of pavement and flowline as approved by the City and Caltrans b. P.C. concrete curb and gutter (V -24) C. Pedestrian walkway (6 ft. A.G.) d. Undergrounding existing overhead utilities S. Construct storm drainage system as directed by the City Engineer, a.s needed to convey .storm turnoff to street, s -torm sewer or watercourse, including the following: a. Storm sewer trunks with necessary manholes b. Storm sewer laterals with necessary manholes C. Storm drain inlets, outlets, channels, etc. C 7. Construct standard driveway approaches B. Provide adequat.p sight distance and remove obstructions of view as required at driveway and access road intersections.. 9. No direct access allowed on Saratoga - Sunnyvale Rd, from lots. 10. Obtain encroachment permit from Calt.rans for work. to be done within the state right -of -,lay, 11. Engineered Improvement Plans required for a. Street improvements . b, Storm drain construction C. Access road construction, i2. Pay plan check and inspection fees as de.t.ermined from improvement. plans. 13. Enter into Improvement Agreement for required improvements to be completed within one (1) year o•f receiving Final Map approval, 14. Post bond to guarantee completion of the required improvements. 15. Join landscape and Lighting District for maintenance of Manor Drive land.ocap•ing and strip of landscaping along Saratoga - Sunnyvale Rd, soundwall, 15. Construct access road 1$ ft, wide between curbs using 2 1/2" asphalt. concrete on G" aggregate base and-V-24 p.c, concrete curb and gutter. Include a turnaround having a :32 ft, radius. 17, 'Existing median on Manor Drive to be extended towards Saratoga- Sunnyvale Rd, as approved by City Engineer, Median to be planted and irrigation extended per approved plans, consistent with existing improvements, 18. Obtain an encroachment permit . from the City Engineer for work, to be done in the City's right -of -way, IV. Specific Conditions - Building InsQection Division 1, The applicant, shall submit detailed on -site improvement plans showing: a, Grading (limits of cuts , fills; slopes, cross sections existing and proposed elevations, earthwork. quantities b, Drainage Details C. Retaining structures including design by A.I.A. or R.C.E. for walls three feet or higher d. All existing s.truct.ure.s with notes as to remain or be removed 7 e. Erosion control measures V. Specific Conditions,- Santa C.lara Valley Water District, 1, Prior to Final Map approval, the applicant shall submit plans showing the location and intended use of any existing we11s to the SCUWD for reviejj certification and regi.- stration. 2. Detailed plans for any work: in or immediately adjacent to the 30 ft. SCUWD right -of -way shall be reviewed by SCUWD staff prior to start of con's +.;ruction. 3. All grading, drainage & building,plans are to be approved by the Santa Clara Valley Water, District prior to issuance of permits in order to ensure that there is no increase in flood levels- on other properties and that construction is at least two feet above the 1% water surface. VI. Specific Conditions - Cupertino Sanitary District. 1 . Prior t..o Final Map approval , the .applican't .sha:ll s)ibmi+ .Sanitary sewer design plans to the District for review and approval. VII. Specific Condo ions - Santa Clara. Co, Health Department 1. A sanitary sewer connection is required. 2. Domestic water shall be supp'l.ied by San Jose Water Company. VIII. Specific Conditions - Planning Department 1. Design Review approval of all future residences is required. 2. Tree removal prohibited unless in accordance with Article 15' -SLR. 3. Possible Locat..ions of driveways for to +..s 1 and 4 on the new cu1- de -5ac, Manor Court, to be decided at Design Reivew. 4. The applicant shall construct a masonry sound wall along Saratoga - Sunnyvale Rd: The location and design, of the,wall shall be approved by the Planning Director prior to Final Map approval. A soundwali at the rear'of lot. 5 shall be decided during the Design Review Process, 9 SUMMARY-OF FEES & BONDS ENGINEERING DEPARTMENT TRACT NO 8053 Storm Drain Fees Park & Recreation Fees Plan Check & Inspection Fees Final Map Check Fees SD NO $ 3,250.00 $,6,500.00 $10,800.00 $ 450.00 Rb-URT TO PLANNING COMMISSION -TfA C-T SD-87-001 DNS Development NW•corner of Manor Dr. 5-lot Subdivision and Saratoga - Sunnyvale Rd. &5' 36 24:4 7' 12SI) 12&01(1) U" r .04 $7 X4 I f 12361 <7p dm 2 j ZV-133 A 3K-to -12 z1- 0 t- zi LI-5 IWI -1A I2 +674.1% ( 0"-Za- 124 71 Cl) C24) Ko so 'r utin 2A11%. j IN MANOR DR. 4 'A 02 200710 ioad�a c %j ogle O*z Zomil ell ('610 80. Ift-b- * P Z7 I. - , 3".9 4. a's Z(P 12530(14) <7) is lZroat I292* -20-21 zosgo ORDON tu s3o 3 � SARATOGA CITY COUNCIL EXECUTIVE SUMMARY N0. %- AGENDA ITEM MEETING DATE: 3 -28 -88 (4 -6 -88) CITY MGR. APPROVAL ORIGINATING DEPT: ENGINEERING DEPT. SUB.IEI • FINAL MAP APPROVAL FOR SD -87 -005 • Oak Place, Mr. Protiva (1 Lot) Approve Resolution No. SD -87- 005 -02 attached, approving Final Map. Report Summary: 1. SD -87 -005 is ready for Final Map Approval 2. All requirements for City and other departments have been completed. 3. All fees have been paid. Fiscal Impacts None. Attachments: 1. Resolution No. SD -87 -005. 2. Resolution approving Tentative Map. 3. Location Map. RESOLUTION NO. SD -87- 005 -02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING BUILDING SITE OF PROT.IVA The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: The 6750.0 Square Feet Parcel as shown Lot 11 on the Final Parcel Map, prepared by Edward J. Hahamian, Civil Engineer, submitted to the City of Saratoga, by approved as one (1) individual building site. The above and foregoing resolution was duly and regularly introduced and passed by the City Council of Saratoga at a regular meeting held on the day of 19 by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK MAYOR • RESOLUTION NO SD -87 -.005 ; RESOLUTION APPROVING TENTATIVE HAP-OF- Donald Brown APN # 397 -22 -09 (Lot #11 of Saratoga Park Lots Subdivision) WHEREAS, application. has been made to the Advisory Agency- under the Subdivision Map Act of the State of California and under the Subdivision Ordinance of the City of Saratoga, for tentative map approval of a site,. all as more particularly set forth in File No. SO -87 -005 of this-City, and, WHEREAS; this Advisory Agency hereby finds that the proposed subdivision,. together with the provisions for its design and improvement, 1'5 consis't'ent with the Saratoga General Plan and with all specific plans, relating thereto, and the proposed subdivision and land use is compatible with the objectives, policies and general land use and programs specified in such General Plan; reference to the-Staff Report dated July 8. 1987 being hereby made for furt.her.particulars, and WHEREAS, this body has heretofor received and considered the Categorical Exemption prepared for this project in *accord with the currently• applicable provisions of CEQA, and WHEREAS, none of the conditions set forth in Subsections (a) through (g) of Government Code,Sect.ion 66474 exist with respect to said subdivision, and tentative approval should be granted in accord with conditions as hereinafter set forth. NOW,. THEREFORE, BE IT RESOLVED that the tentative map for the herei-na:fter described subdivision, which map is dated the 24th day of arch,•1987 and is marked Exhibit C in the hereinabovereferred to.file, b,e and the same is hereby conditionally approved. The conditions of said approval are as more particularly set forth on Exhibit A and incorporated herein by reference The above and foregoing resolution was duly passed and adopted by, the Planning COMmiBSaon at a meeting thereof held on the 8 day of Julv,'1.987, at which a quorum was present, by the following vote: AYES: Commissioners Harris, Guch, Burger, Clay, Siegfried & Tucker NOES: None AOV ORY AGENCY ABSENT: None ' ` by:. Ch ,i °man,.Planning CQMMi551on 1 Sec a ary., Planning Commission SD -87 -005 14470 Oak Place " EXHIBIT "A" }'. Conditions of Anproval I. The applicant shall sign the agreement to the conditions within 30 _'.days of the passage of this resolution or said resolution shall be f. void. II. Specific Conditions Engineering Division 1. Pay storm drainage fee in effect at the time of obtaining Final approval. 2. Submit "Parcel Map"-to City for checking and recordation and pay required fees (If parcel is shown on existing map of record, submit ('3) to-scale prints. 3. Submit "Irrevocable Offer of Dedication" to provide for a.25 ft. half - street on Oak Place. 4. Enter into a Deferred Improvement Agreement" to'improve Oak Place to City standards, including the following: a. Designed structural section between centerline and flowline.. b. P.C. concrete crub and gutter (V -24). C. Pedestrian walkway (4 ft. P.C.C.). 5. Convey 'storm runoff to street, storm sewer or watercourse as approve.d'by the City Engineer. 6. Construct standard driveway approach. 7. Provide adequate sigh distance and remove obstructions of tview as required at driveway and access road•i- nte.rse.ctions. 8. Water courses must be kept free of. obstacles which will change, ` retard or prevent flaw. III. Specific Conditions - Santa Clara Co. Health Department 1. A sanitary sewer connection is required. 2. Any existing septic tank(s).mus't be pumped and backfilIed in accordance with Environmental Health standards. 3. Domestic water'shaal be supplied b.y San Jose Water Co. IV. Specific Conditions County Sanitation Di5trict• #4 1 The applicant obtain a sewer connection'per,mit• 0r1or t0, the issuance of a building permit. U. Specific Conditions - Santa Clara Valley Water District 1. The applicant shall submit plans showing the location and intended ' use of any existing Wells for review, certification and registration prior to.the issuance of a building permit. V1. Specific Conditions Planning Department 1. Tree removal is prohibited unless in accordance with City Code Section 15- 50.050. 2. Record non - access easement along the parcel frontage. t OK ?i 1 A 0 2� A Alp ti '3 ti 41 2.1 5 ZG h` 2 . 44 4 . 7,.2 ap OAK PL. � . • , � . ` �� -za a 144 152 14498 19'1 14478 1+474 347;24' ,f ' 397-221449414490 O7 08 01• �O2 O') 0.4 O�i 317 21- 09 .` 39 347 -ZZ -01 317-21- t "397.21 -19 203-60. 317-21-13 31T- Z1- 1 17 203; S .i7- zl ` 317.2 -- - Aft- 2.• - -- -, .- . s17 -10 -15 • ' ► Z C4� } _ L 0,� REPORT TO PLANNING COMM I S.S ION , T� SD- 87- 005,'DR -87 -043 BROWN `14470. Oak `Place Tentative .Bldg, Site' •�,lti: and Design Review . �4! OK ?i 1 A 0 2� A Alp ti '3 ti 41 2.1 5 ZG h` 2 . 44 4 . 7,.2 ap OAK PL. � . • , � . ` �� -za a 144 152 14498 19'1 14478 1+474 347;24' ,f ' 397-221449414490 O7 08 01• �O2 O') 0.4 O�i 317 21- 09 .` 39 347 -ZZ -01 317-21- t "397.21 -19 203-60. 317-21-13 31T- Z1- 1 17 203; S .i7- zl ` 317.2 -- - Aft- 2.• - -- -, .- . s17 -10 -15 • ' ► Z C4� } _ L 0,� SUMMARY OF FEES & BONDS ENGINEERING DEPARTMENT TRACT NO SD NO 87 -005 Storm Drain Fees $600.00 Park & Recreation Fees $1,300.00 Plan Check & Inspection Fees .$200.00 Final Map Check Fees $250.00 s�o 3; SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. �` %._,. AGENDA ITEM MEETING DATE: -3-24-87--(4-6-88) CITY MGR. APPROVAL ORIGINATING DEPT: ENGINEERING SUBJECT: FINAL BUILDING SITE APPROVAL FOR SD 86 -011 Carniel Avenue, Edward Ng Recommended Motion: Approve Resolution SD- 86- 011 -02 attached, approving Final Building Site. Repoft Summary: 1. SD -86 -011 is ready for Final Building Site Approval. 2. This is an over 50% expansion to an existing single family house. 3. All conditions for city and other departments have been met. Fiscal Impacts: None. Attachments: 1. Resolution No. SD- 86- 011 -02. 2. Resolution approving Tentative Map. 3. Location Map. Motion and Vote: RESOLUTION NO. SD-86-011-02 RESOLUTION OF THE CITY COUNCIL_ OF THE CITY OF SARATOGA APPROVING BUILDING SITE OF Edward Ng The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: Lot 28 as shown on Tract 774 recorded in Book 30 of Maps Page 19 in -the County of Santa Clara, and.submitted to the City Engineer, City of Saratoga, be approved as one (1) individual building site. The above and foregoing resolution was duly and regularly introduced and passed by the City Council of Saratoga at a regular meeting held on the :day of 19 by the following vote: AYES: NOES-: ABSENT: ATTEST: CITY CLERK MAYOR RESOLUTION NO.-SO-86-011 RESOLUTION APPROVING TENTATIVE MAP OF Edward and-Pearl No APN# 366 -13 -028 20602 Carniel Ave WHEREAS, application has been Subdivision Map Act of the State of Ordinance of the City of Saratoga, site or.subdivisions of 1 lots, all No. SO -86 -011 of this City, and Made to the Advisory Agency under the California and under the Subdivision for tentative map approval of a lot, as more particularly set forth in File WHEREAS, this Advisory Agency hereby finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the Saratoga General Plan and with all specific plans relating thereto, and the proposed subdivision and land use is compat -ible with the objectives, policies and general land use and programs specified in such General Plan,. reference to the Staff Report dated March 2S. 1987 being hereby made for further particulars, and WHEREAS, none of the conditions set forth in.Subsections (a) through (g) of Government Code Section 66474 exist with respect to said subdivision, and tentative approval should be granted in accord with conditions as hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED that the tentative map for the hereinafter described subdivision, which map is dated the 9th day of March, 1987 and is mareked Exhibit D in the herein above referred file, be and the same is hereby conditionally approved. The conditions of said approval are as more particularly set forth.on Exhibit A and incorporated herein by reference. The above and foregoing resolution was duly passed and adopted by the Planning Commission at a meeting therefof held on the 2S day of March, 1987 at which a quorum was present, by the following vote: AYES: Commissioners Burger, Callans, Guch, Pines, Siegfried & Tucker NOES: None ABSENT: Janet Harris ATTES 5 cr tary, Planning Commi55ion 2 By: Chairman, Planning Co i sion SD- 86 - 011; 20:602 Carniel Ave. Exhibit A Building Site Conditions A. So:ecific Conditions - Enoineering Deoartment 1. Submit "Irrevocable Offer of Dedication" to provide for a 30 ft. half - street on Carniel Ave. 2. Imorrove Carniel Ave. to "City Standards, including the following: a. Desioned structual section 20 ft. between centerline and flawline. b. P.C. concrete curb anq cutter (R -36) 3. Convev storm runoff to street, storm sewer or watercourse as approved by the .City Engineer. 4. Construct standard driveway approach. S. Submit enoineered Improvement Plans for required street improvements. 6. Pav elan check and inspection fees as determined from Improvement Plans. 7.. Enter into Improvement Agreement for required improvements to be comoleted within the (1) year of receivino Final Approval. G. Post bond to ouarantee completion of the required improvements. The foreooino conditions re hereby accepted. `c 2- Signature of Applicant da te 3 .` rORT TO-PLANNING COMMISSW ' SD -36 -011, DR -86 -070 Pearl and Edward Ng 20602 •Carniel Ave. Building Site and 'Design Review ' I, W sb• -=s'° 1Z4A >tc1 W MANOR D R. h7l 1os7b 20lcS2 o4is 042+ 20512 t 90 CSL x'30 (2) 1) " -zo- . ;o 12418(1 Z+ Zs zb 27 26 ` f2'�IKr• 3" -20-/7 K4 -tl,o2 ..� i ft �2soo (7). -Zo- 22 2c+ -35 O O/ /ZS Izrz9 t252o -20 -21 20.540 GORDON l 1s4t1 k- 3w -1st► oaf.- tiro°?i.q M� -zo 3G6 202515 CT. o ` IZS6; (A (4 ( (2 ) (17 1�4t1 Cr) 20631 Ur toilq ZolTo Zo t9 20917 (ZI f5� 06 <1'(/0) 31.V -1 4.13 -j1 "'3 66.13- oa of o• as 04 0) ovs /M) 09 s Lists • z 5 0570:09*+ os7 20970 ELI `- 2063 '(3 � L3 / �>?) �w C12' ( ) i 3 ) 1 366 3"-13 6-1 ifr� 13- a t s 031) 26 9 30 Zo` as • � -13-/2 � yk ,�'► Its34(4) 5 .. Zo�7cV '� ;r•-IT•i3 ��� ' '� 6.13.57A) �1 IZS (6 3L�•8�(p) 3ii.-13-Z4 361ta -1 ;(2) a. 20690 (Z60o fora 169 Cl6) 3(06 -l3 -44 w1 Lb �`6 1Z1 t 0 lye/ 6�3 z 1z�f�5CU poi 3 3: (i Zob'lo(r 2(011 166 -1N.6 25%8(1) (/� -• (3f� CT. bs 1%771 '` f 2o7Opa 2L63 l 31' ' � � 'k� -Hr2 6i. -/3 -4G •.. 121:(..4(4 2(.IZ�) • .. .. Qv �. . � V 37nL•l3-.4� IZ5'lo.(Ti.' .. ,.� .:_ .,... b'fY13 -•. .1296..•,. V 59 fo4- i3' -(e0 3�-38 ~ 11711 zo7rloc 11 I %.+do � w 1U.99 a (NI 4'13 •(a ItT3; ** DENOTES TWO -STORY HOME SUMMARY OF FEES & BONDS ENGINEERING DEPARTMENT TRACT NO Storm Drain Fees N/A Park & Recreation Fees N/A Plan Check & Inspection Fees $750.00 Final Map Check Fees N/A SD NO 86 -011 Sao 3J SARATOGA CITY COUNCIL EXECUTIVE SUMMARY N0. AGENDA ITEM C7- MEETING DATE: 3 -22 -1988 (4 -6 -1988) CITY MGR. APPROVALh�e 1� ORIGINATING DEPT: ENGINEERING DEPT. SUBJECT • FINAL BUILDING SITE APPROVAL FOR SD 87 -014, Springer Avenue, Doug Heeter (1 Lot) Recommended Motion: Adopt Resolution SD -87 -014 attached, approving Final Building Site Approval. Report Summary: 1. SD -87 -014 is ready for Final Building Site Approval. 2. All requirements for the City and other departments have been completed. 3. All fees have been paid. Fiscal Impacts: None. . Attachments: 1. Resolution SD -87 -014. 2. Resolution approving Tentative Map. 3. Location Map. Motion and Vote: RESOLUTION NO. SD -87 -014 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING BUILDING SITE OF Dou � Heeter The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: Lot 20 designated on Mary Springer Tract Map #1 and submitted to the City.Engineer, City of Saratoga, be approved.as one (1) individual building site. The above and foregoing resolution was duly and regularly introduced and passed by the City Council of Saratoga at a regular meeting held on the day of 19 by the following vote: AYES: NOES-: ABSENT: ATTEST: CITY CLERK r, MAYOR SUMMARY -0F FEES & BONDS ENGINEERING DEPARTMENT TRACT NO Storm Drain Fees $600.00 Park & Recreation Fees $1,300.00 Plan Check & Inspection Fees $750.00 Final Map Check Fees -- SD NO -83-014 RESOLUTION NO.SD -87 -014 RESOLUTION APPROVING TENTATIVE MAP OF APN # 503 -27 -079 14298 5pringer Ave WHEREAS, application has been made to the Advisory Agency under the Subdivision Map Act of the State of California and under the Subdivision Ordinance of the City of Saratoga, for tentative map approval of a lot, all as more particularly set forth in File No. SD -87 -014 of this City, and WHEREAS, this Advisory Agency hereby. finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the Saratoga General Plan and with all specific plans relating thereto, and the proposed subdivision and land -use is compatible with the objectives, policies and general land use and programs specified in such General Plan, reference t:o the Staff Report'dated August 12. 1987 being hereby made for further particulars, and WHEREAS, this body has heretofor received and considered the Categorical Exemption prepared for this project in accord with the currently applicable provisions o'f CEQA, and. WHEREAS, none of the conditions set forth i.n Subsections (a) through (g) of Government Code Section 66474 exist with respect to said subdivision, and tentative approved should be-granted in accord with conditions as hereinafter set forth. NOW, THEREFORE, DE IT RESOLVED that the tentative map for the hereinafter described subdivision, which map is dated the 1122 day of August 1987 and is marked Exhibit' C1. in'the hereinabove referred to file, be and the, same is hereby conditionally approved. The conditions of said approval are as more particularly set forth on Exhibit 8 and incorporated herein by reference. The above and foregoing resolution was duly passed and adopted by the Planning Commission at a meeting thereof held on t'he,12th day of August 1987-, at which a quorum Was present, by the following vote: AYES: Chair Harris, Commissioners Clay, Burger, Tucker NOES: None ABSENT: Commissioners .Guch, Siegfried ADV SORY AGENCY - BY: irman„ Planning Commission ATTEST: 4&1�ary, Planning Commission v 14298 Springer Ave. EXHIBIT A SD -87 =014 Conditions of Approval I. General Conditions 1. The applicant shall sign the agreement t,o thes'e conditions within 30 days of the passage of this resalut-ion or said resolution shall be void. II. Specific Conditions - En4ineerina Division i. Obtain final building site approval- prior to issuance of a building permit.. 2. Pay storm drainage fee in effect at the time of obtaining Final' Approval. 3. Submit "Parcel Map" to City for checking and recordation and pay required fees. 4. Submit "Irrevocable Offer of Dedication" to provide for a,25 ft, half- street on Springer Ave. S. Submit "Irrevocable Offer of Dedication" to provide easements as required. • G. Improve Springer Ave. to City Standards, including the following: a. Designed structural section 16 1/2 ft. between centerline and flowlne. b. Asphalt concrete berm. 7. Construct storm drainage system as directed by the City.Engineer, as needed to convey storm.runoff to street, storm sewer, or watercourse. 8. Construct a standard driveway approach. 9. Provide adequate sight distance and remove obstructions of, view as. required at driveway and access road .intersections'. 10. Watercourses must be kept free of obstacles which will- change, retard or prevent flow. 1 .1 Protective planting required on roadside cuts, and fills;:;. •:, " .- 1 ; 12. Engineered improvement plans required for a. Street improvements b. Storm drain construction 13.. Pay plan check and inspection fees as determined from improvement plans. 14. Enter into Improvement Agreement for required improvements to be completed within one (1) year of receiving Final Approval. 15. Post bond to guarantee completion of the required improvements. III. Specific Conditions - Building Inspection 1. Submit detailed on -site improvement plans showing: a. grading .(.limits of cuts, fills; s.lop.es, cross- sections, existing and proposed elevations, earthwork quantities.) b.. drainage details c. retaining structures including design by AIA or R.C.E. for walls 3 feet or higher d.. erosion control measures IV. Specific Conditions - Santa Clara County Health Dept I. Domestic-water shall be supplied by San Jose Water Works 2. A sanitary sewer connection is required V. SSoecific.Conditions Santa Clara Valley Water District 1. Any existing wells shall be sealed in accordance with' District Standards. IV. Specific Conditions - Plannino Department 1. Tree removal is permitted only in accordance with City Code Section 15- 50.050 The foregoing conditions are hereby accepted., Signature of App i.cant- Date Owl, *ISO 14 W400 IBM A, SARATOGA CITY COUNCIL EXECUTIVE SUMMARY N0. /�!4 MEETING DATE: 3 -22 -1988 (4 -6 -1988) ORIGINATING DEPT: ENGINEERING SUBJECT: CONSTRUCTION ACCEPTANCE FOR RE -2 Montalvo Road, Mueller Recommended Motion: Grant Acceptance of RE -2 and Release of Cash Bond. Repoft Summary: AGENDA ITEM ° _j CITY MGR. APPROVAL The Public Improvements along Montalvo Road have been satisfactorily completed. This "Construction Acceptance" will begin the one (1) year maintenance period. • Fiscal Impacts: None. . Attachments: 1. Memo describing bond. Motion and Vote: Jf s -o 14 o -S"a IMEMORANDt1M 0919W 0:T - 900& 13777 FRUITVALE AVENUE . SARATOGA, CALIFORNIA 95070 (408) 887 -3438 . TO: City Manager DATE: 3 -22 -88 FROM: Director of Public Works SUBJECT: Construction Acceptance for RE -2 Keith Mueller Name & Location: Montalvo Road Public Improvements required for RE -2, Montalvo Road have been satisfactorily completed. I, therefore., recommend the City Council accept the improvements for construction only.. This "construction acceptance" will begin the one (1) year maintenance period. During that year, the improvement contract; insurance and improvement security will remain in full force. The following information is included for your use: 1. Developer: Keith Mueller Address 14840 Montalvo Road Saratoga, Ca. 95070 2. Improvement Security: Type: CASH BOND Amount: $3.000.00 Issuing Company: . Address: Receipt, XS No.: 08047 3. Special Remarks: Finance Dept. Please release Cash Bond of $3,000.00. LP�� - Robert S. Shook RSS /dsm .: .. _ . SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: 3 -22 -88 (4 -6 -88) ORIGINATING DEPT: ENGINEERING SUBJECT: CONSTRUCTION ACCEPTANCE FOR SDR 1290 Mt. Eden Road, Hulse Recommended Motion: Grant Construction Acceptance for SDR 1290. Repoft Summary: 16C 1 a T; AGENDA ITEM CITY MGR. APPROVAL The public improvements along Mt. Eden Road have been satisfactorily completed. This "Construction Acceptance" will begin the one (1) year maintenance period. Fiscal Impacts: None. Attachments: Motion and Vote: I 1ba 30 SARATOGA CITY COUNCIL y/o 3t5 J � EXECUTIVE SUMMARY NO. Iqa I AGENDA ITEM MEETING DATE: April 6, 1988 CITY MGR. APPROVAL ' ORIGINATING DEPT: ENGINEERING SUBJECT: REQUEST FOR PROPOSALS - QUITO ROAD BRIDGE REPLACEMENTS PROJECT Recommended Motion: Authorize proceeding with the solicitation and advertising for Request for . proposals for "Consulting Design Engineering Services for Replacement of two Quito Road bridges ". Reooft Summar In December, 1986 we had requested two bridges on Quito Road be considered for replacement under the Federal Highway Bridge Replacement and Rehabilitation Program. The bridges are at Bicknell Road and at Austin Way respectively. A field review was held on Jan. 15,,1987, with FHWA, CALTRANS, S.C.V.W.D., City of Monte Sereno, and City of Saratoga staff attending. FHWA will provide 80% of the funding and the remaining 20% will be divided three ways; City of Saratoga, City of Monte Sereno, and S.C.V.W.D. with the City of Saratoga administering the project. The FHWA granted authorization to proceed with the project on 3/19/87. We have gone through the Cultural Resources Review, Department of Fish & Game Review, completed most of the preliminary field . topography and have recently received Caltrans approval to proceed with the Request for Proposals for Engineering Design. Fiscal Impacts: The replacement of these two bridges has been estimated to cost approximately; $294,000 each ($588,000 total cost) with the preliminary engineering and construction engineering estimated to be $50,000 each ($100,000 total cost). The City of Saratoga's bare pf the total cost is estimated to be approximately $39,196.00.. Attachments: 1. Location Map. 2. Cost Estimate. Motion and Vote: J) Y Los... aA7'fCS ELEL_ RO Br /'p/9 e r37.0 - 2. MONTE SEREl170 o� 8rio�ge SCALE: �T -;P37C -111 / "- 6W al�t� d Q c p� .a 0 f STATE ,OF CALIFORNIA— BUSINESS, TRANSPORt,. ON AND HOUSING AGENCY �� GEORGE DEUKMEJIAN, Governor DEPARTMENT, OF TRANSPORTATION t'tcac.: ccD BOX 7310 ,mn< SAN FRANCISCO, CA 94120 bi a (415) 923.4444 FEB 6198i L=NGINEEAING 0FP January 30, 1987 04- SCI -O -Sar BRM -CO14 Quito Road Bridge No. 37CO111 Mr. Robert S. Shook City Engineer City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Mr. Shook: The California Transportation Commission under Miscellaneous Resolution G -86 -10 approved the operating procedures proposed by the City- County -State Steering Committee for Local Agency projects in the Federal Highway Bridge Replacement and Rehabilitation Program for F.Y. 86 -87. A copy is attached. h The candidate to have a portion of Calif:ornia's HBRR allocation reserved for it in this fiscal year is listed below. The amount of federal participation on eligible items of work for the project is shown for you information. Bridge Name Bridge Number Federal Participation San Tomas Creek 37C0111 $2.35,200 Federal participation is based on 80% of the value of the following preliminary list of items of work for which the City has requested participation. Final federal participation will be based on items developed from final approval plans. Preliminary Engineering ................ $ 24,000 R/W Acquisition 24,•000 Construction: Bridge Cost 18:5,500 Roadway Cost 34,500 Construction Engineering 26,000 Total ............................. Total Estimated Cost $ 246,000 294,000 Mr. Shook - Page . 2 January 30, 1987 . To qualify for these funds the PS &E of the bridge portion must be approved for advertising by the Division of Structures. PS &E must be completed within one year from the date of this notification letter when design is done in- house; or, for those projects requiring Federal TIP of' TIP amendment approval, one year from the date of such approval. (Up to four additional months will be allowed when a consultant agreement is involved.) If a consultant agreement is involved, the agreement shall be completed within four months from the date of notification. .If the new Highway Bill gets timely approval, please attempt to have construction funds obligated for this project by June 1, 1987. Headquarters Local Assistance has indicated that a process to approve $0 FNM -76 submittals has been approved. Please confirm in writing whether you will comply with the requirements for qualification, and whether a. consultant agreement is involved. The District will process the City's Request for Authorization to Proceed with Preliminary Engineering (FNM -76) with HBRR funds when this confirmation is received, but not before. For information on right of way acquisition policies and procedures please contact Ray Cook at (415) 9:23 - 4423. Sincerely yours, BURCH C. BACHTOLD District Director PETER C. NANOV Local Streets and Roads Attachment _,TIE �OF CALIFORNIA — BUSINESS, TRANSPOR.. ..ON AND HOUSING AGENCY GEORGE DEUKMEJIAN, Governor DEPARTMENT OF TRANSPORTATION BOX 7310; » i" SAN FRANCISCO, CA • 94120 (415) 923-4444 January 30, 1987 04- SC1 -0 -Sar BRM -0014- Quito Road Bridge No. 37CO112 Mr. Robert 'S. Shook City Engineer City of Saratoga 1377.7 Fruitvale Avenue Saratoga, CA 95070 Dear Mr. Shook: The California Transportation Commission under Miscellaneous Resolution G -86 -10 approved the operating procedures proposed by the City - County -State Steering Committee for Local Agency projects in the Federal Highway Bridge Replacement and Rehabilitation Program for F.Y. 86 -87. A copy is attached.. The candidate to have a portion of California's HBRR allocation reserved for it in this fiscal year is listed below. The amount of federal participation on eligible items of work for the project is .shown for you information.. Bridge Name Bridge Number Federal Participation San Tomas Creek 3700112 $235,200 Federal participation is based on 80% of the value of the following preliminary list of items of work for which the City has requested participation. Final federal participation will be based on items developed from final approval plans- Preliminary Engineering $ 24,000 R/W Acquisition .......................... 24,000 Construction: Bridge Cost 185,500 Roadway Cost 34,500 Construction Engineering •26,000 Total .......•.. ..................... 246,000 Total Estimated Cost .................. $ 294,000 Mr. - .Shook . Page .2' , January_. 30, ' 1987 To qualify for these funds the PS &E of the bridge portion must be .approved for-advertising by the Division of Structures. PS &E must be completed within one-year from the date of this notification letter when design is done in- house; or, for those projects requiring Federal TIP or TIP amendment approval, one year from the date of such approval. (up to for additional months will be allowed when a consultant agreemenut is involved.) If a consultant agreement is involved, the agreement shall be completed within four.months'from the date of notification. If the new Highway Bill gets timely approval, please attempt to have construction funds 'ob'ligated for this project by June 1, 1987. Headquarters Local Assistance has indicated that a process to approve $0 FNM -76 submittals has been approved. Please confirm in writing whether you will comply with the requirements for qualification, and whether, a consultant agreement is involved. The District will process the City's Request for Authorization to Proceed with Preliminary Engineering (FNM -76) with HBRR• funds when this confirmation is received, but not before. For information on right of way acquisition policies and procedures please contact Ray Cook at (415) 923- 4423. Sincerely yours, BURCH C. BACHTOLD District Director By e-.7- PETER C. NANOV Local Streets and Roads Attachment r ' r)T ` 1I Mr. - .Shook . Page .2' , January_. 30, ' 1987 To qualify for these funds the PS &E of the bridge portion must be .approved for-advertising by the Division of Structures. PS &E must be completed within one-year from the date of this notification letter when design is done in- house; or, for those projects requiring Federal TIP or TIP amendment approval, one year from the date of such approval. (up to for additional months will be allowed when a consultant agreemenut is involved.) If a consultant agreement is involved, the agreement shall be completed within four.months'from the date of notification. If the new Highway Bill gets timely approval, please attempt to have construction funds 'ob'ligated for this project by June 1, 1987. Headquarters Local Assistance has indicated that a process to approve $0 FNM -76 submittals has been approved. Please confirm in writing whether you will comply with the requirements for qualification, and whether, a consultant agreement is involved. The District will process the City's Request for Authorization to Proceed with Preliminary Engineering (FNM -76) with HBRR• funds when this confirmation is received, but not before. For information on right of way acquisition policies and procedures please contact Ray Cook at (415) 923- 4423. Sincerely yours, BURCH C. BACHTOLD District Director By e-.7- PETER C. NANOV Local Streets and Roads Attachment •4 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. / 1J 0 MEETING DATE: 4/6/88 ORIGINATING DEPT.: Planning 3a 3a AGENDA ITEM: �✓ CITY MGR. APPROVAL Proposed tentative cancellation of Williamson Act Contract for 21.5 acres SUBJECT: generally located at 22631 Mt. Eden Road, APN #'s 503 -12 -024 (partial) and 503 -12 -025. Recommended Motion: If the City Council can make the required findings that the can- cellation of the Williamson Act Contract is in the public interest and wishes to approve the removal of the land from the Williamson Act, it should approve the Negative Declaration and direct the City Attorney to prepare the necessary resolution approving the tentative cancellation. Report Summary: The applicant wishes to develop a 4 -lot residential subdivision on 21.5 acres of property currently under a Williamson Act contract. In order to proceed, the Council must tenta- tively agree to the cancellation of the contract after which the City can process a sub- division request from the applicant. Public Tdoticing: The application was deemed complete on March 23, 1988. The cancellation request has been noticed by advertising in the Saratoga News on 3/23/88. In addition, public hearing notices were mailed to property owners within 500 ft. of the property, all Williamson Act contract holders, and persons on the community group notification list. Fiscal Impacts: No significant impact. Attachments: 1. Staff report to City Council 2. Negative Declaration and Initial Study 3. Applicant's Petition 4. Stipulation for Settlement between the City and applicant Motion and Vote: 67f 6- .0 oguw Qq §&MZUQ)0Z 13777 FRUITVALE AVENUE • SARATOGA. CALIFORNIA 95070 (408) 867 -3438 MEMORANDUM TO: City Council FROM: planning director DATE: march 31, 1938 SUBJECT: proposed tentative cancellation of Williamson Act Contract for 21.5 acres generally located at 22631 Pot. eden Rd.- APP1 #'s 503- 12- 024(partial) and 503 -12 -025 Background /Proposal In 1973, a Williamson Act Contract ( #73.905) to preserve a total of 52.5 acres of agricultural land was entered into between the City of Saratoga and Mr. Anthony Cocciardi. Mr. Cocciardi is requesting the removal of approximately 21.5 acres of land under this contract. The area proposed for tentative cancellation is contained within two separate parcels, i.e. APN #'s 503 -12 -024, 503 -12 -025. The applicant wishes to develop the entire 10.8 acres of parcel 503- 12 -025, (a.k.a. Borrow site) and to partially develop parcel 503 -12- 024, i.e. 10.7 acres. Consequently, if the applicant's cancellation request is granted, approximately 31 acres of land would remain under the Williamson Act. The subject property's general plan land use designation is RHC (Hillside Conservation) and is currently zoned NHR (Northwestern Hillside Residential) with an AP (Agricultu- ral Preserve) overlay zone. In 1986, the City signed a "Stipulation for Settlement" with the applicant agreeing to "take such actions as may be required and permitted under State law for cancellation of the Williamson Act Contract which is now applicable to the Borrow site." In addition, the City acknowledged the applicant's desire to ultimately subdivide the parcel in accordance with "the current NHR Zoning Regulations, including the slope /density formula." Lastly, the City agreed that the "boundary lines of the proposed subdivision may be determined by Owners (the applicant) and such lines need not correspond with the property lines as they now exist... provided that no portion of the (proposed) subdivision shall include the Cocciardi quarry." Analysis The State law allows the City Council to tentatively cancel a Williamson Act Contract if it determines that it is within the public interest to do so. The State law defines the cancellation is within the public interest if, 1) other public concerns outweigh the objectives of preserving the agricultural use and 2) if there is 1 M no other "proximate" land available and suitable for the proposed development. 1. Public Concerns: The City's Conservation Element of the General Plan and the Guidelines of Area A Development discourage cancellations of Williamson Act contracts unless it is otherwise permitted by State law. In this case, the subject property has never, in recent history, met the agricultural objectives set. forth in Sections 51220 (a)(b) and (c) of the Williamson Act. For example, the property in question is not considered "prime agricultural" land in that "no fruit or nut - bearing trees, vines, bushes, or crops have been cultivated from the land and the property is not used to support livestock used for the production of food and fiber." In addition, given that it is reasonable to expect the most productive top soil of the land was removed as part of the Quarry Creek Repair Project and the area is characterized by moderate to severly steep slopes, there is no reasonable agricultural use to which the land may be put. In addition, the applicant's cancellation request is consistent with State law in that the land has never provided housing for agricultural laborers and it's future development will not encourage "discontinuous urban development patterns which unnecessarily increase the costs of community services to residents." This latter point is satisfied by the fact that the subject area is contiguous to two recently approved subdivisions, i.e. Tr. 7761 (Mt. Eden Estates) and Chadwick Place. Finally, staff has determined that, the land in question is not within a designated scenic highway corridor or wildlife habitat having value to the State because of scenic beauty and location, or having great importance as a habitate for wildlife. 2. Proximate (non - contracted) Land Available and Suitable for Development - The State law requires that in order to cancel a Williamson Act contract, the Council must find that no "proximate" land is available and suitable for the proposed development. The law does not define the proximate distance that land must be in order to be considered a reasonable alternative; however, there aren't any.non- contracted parcels within 800 ft. of the subject property that haven't received tentative or final map approval which are large enough to subdivide into 4, or more lots (see attached map). For example, the 51.5 acre Garrod parcel (APN #503 -12 -001) is located to the northwest of the subject site but is currently under a Williamson Act contract. The property to the northeast of the site (Chadwick Place Subdivision) has received tentative map approval for an 11 -lot subdivision, and the property to the southwest (Mt. Eden Estates) has received final map approval for a 23 -lot subdivision. Conclusion /Recommendation The applicant's proposal to.remove a total of 21.5 acres of land 2 0 from the Williamson Act in order to subdivide the property into 4 -lots is consistent with the "Stipulation for Settlement" between the City and the applicant in that the ultimate development will comply with the City's slope /density formula and no portion of the future subdivision will include the Cocciardi Quarry. The proposed cancellation is also consistent with the public interest in that: 1) the proposed cancellation is for land on which a notice of non - renewal has been served, pursuant to Government Code Section 51245. 2) the proposed cancellation is for an alternative use (residential) which is consistent with the City's General Plan. 3) the proposed cancellation will not result in discontinuous patterns of urban development. 4) the proposed cancellation of the contracted land would provide more continuous pattern of urban development than development of proximate noncontracted land. 5) the proposed cancellation is not likely to result in the removal of adjacent lands from agricultural use. If the Council concurs, it should direct the City Attorney to prepare the necessary resolution. .�I 1 tYcEek Hsia ning Director YH /bc /dsc 3 - 0 _ area: �poedr�x , �1 s • ^�'� -' ,c,,��= e343t. � :eta "_��: /' -�� - x - - s - y' � < 's a� ??:.� � r •c°s'r _ s; . _ _ _ -cane A., "-` r �,- - , z. / -`.7r •c•- �Zari` �.- � .4 '1 's „� �,,.;..�_ •. � �a't •'� �_ �i- 'r- -'a �'� ���� i� - •a4. -.r s.y3`?�• '�c'7rt,� � � -•n.`� ,�� a „i. ``� *�R':. .�, a- y' �"• �. �4J,� - .s: x. �� _ � , ir-i� i� �� ��...a.S = � � *' �S�ti'3�� c" �. rr :I a •�\,r � i � s.'�'�x1..�M -'i. � ��f�. .�'•���;ta�. � y 1. •� _d'., -x °''. .i:'�J`Y '{. ..j .". Y- `;�,t -c^�i �� :- :'�vi: �� > "�> '�= '�'k�x-,..',.�.�,, ,, -frr'- - .�.r;�-r. x;,'" - ,.,' -r$�._ ,j. - �'n�' - S 'Mi£r� � i. ,. �:.� ;� t •� -- .+.-,i v ,�s`��i�.� 3��'4 .�- ^�.k�tyy �•+s�4`-.mr� f.Y..,��p,�y -r"� �F '�. � ' - r•a-.. - _�..y. - - Na'c°`'�c < .+r ✓�- ''��,'. f '`' :_'�_S`� Via"'° -=.,- ' -t_t{• t7+.i gam'- °a-- 'i ,:z=s t:.y r_° £•�., _ - - _ _ r . ,i+-:• _ `'''tom _ -6- :.4i,?� '.'Y i - - � - - =*� ,.. . '� •'_ f fir y ;,}r.•�t: �' • `F ''.� -�: t - Fx �. •. _..J � - �� �"• �c,,, t� _ Y _ r . � — _ � _ .,� �h:, �r - W _ DR HR GWOD PROPERTY. _ 3 -12_ -024 - f 1.7 ac_ - •CHADWICK PLACE 1 APN #_ - _ r SUBDIVISION 503 -12 -025_ TA 10.8 ac. \' R- '. � ai• Ls.r '•� 1'r'X'' i S''k- '6.`J.1''�%.�l .'.�' _� �w �- 8....r= !.�Y�r ,i. -+.` Y � _ 1 - _ t e� Ott. .- { '-_,jW 6 � .3 ''` ;_ 'u a�s- �- - ^r� F� '��r .-�n `. -% .F -•Gis. �F. �F `77 '. -}� ?" a. � It �~� r �. -- ♦ ._c..- ( _ s- �$�� fY •,� �R'-Yyy f c`�' � � ter'`. -S. �'�„ G �" ,r ,�� - •� }.' •?� T 1.. _ '� ..` '..•sal ,} ; `" �. •J. T,•b-� r __ _ ,. _ .. - ".� \Y Y �'+ � .�- .. yry .., _J' 1 Ali �..� _�^ ._.YY _ __ ._ y.-_ -•.n.� Ti � -t _.�� ._ �'I •.s. �.' - .�. ..- � � —!, 0 RES -ND File No. Proposed Saratoga Williamson Act Cancellation DECLARATION THAT ENVIRONMENTAL IMPACT REPORT NOT REQUIRED (.Negative Declaration) Environmental Quality Act of 1970 The undersigned, Director of Planning 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, 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 contract on 21.5 acres of land in order to consider subdividing the property into 4 residential lots. The property is identified as APN #503 -12 -024 (partial), 025. NAME AND ADDRESS OF APPLICANT Anthony Cocciardi, 22631 Mt. Eden Rd. Saratoga, Ca. 9.5070 REASON FOR NEGATIVE DECLARATION The tentative cancellation will affect only the tax exempt status of the land and will not have any environmental impact. The proposed future subdivision of the property will require further environmental review. Executed at Saratoga, California this 6th day of April 1988. YUCHUEK HSIA DIRECTOR OF PLANNING DIRECTOR'S AUTHORIZED STAFF MEMBER FORM EIA -lb CITY OF SARATOGA CRITERIA FOR DETERMINING SIGNIFICANT ENVIRONMENTAL IMPACTS (TO BE COMPLETED BY PUBLIC AGENCY) PROJECT: W' � l •� FILE NO: LOCATION: A9 �V8 D3� k�- d24,6ZS I. BACKGROUND 1.. Name 'of Proponent: 2. Address and Phone Number of oponent: n , pct `�50:jro ; 3. Date of Checklist Submitted: /SI87 4. Agency Requiring Checklist: C\�C�"A , 5. Name of Proposal, if applicable 1 II. ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe "answers are required on attached sheets.) 1. Earth.. Will the proposdi result in: YES MAYBE NO a. Unstable earth conditions or in changes in geologic substructures? b. Disruptions, displacements, compaction or over - 'crowding of the soil? C. Change in topography or .ground surface relief features? d. The destruction, covering or modification of any unique geologic or physical features? u YES MAYBE NO e. Any increase in wind or water erosion of soils, either on or off the site? f.. Changes in siltation, deposition or erosion which may modify the channel of a river or stream or the �( bed of a lake? /\ ' g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure; or similar hazards? i 2. Air. Will the proposal result in.: a. Substantial air emissions or deterioration of ambient air quality ?' i b. The creation of objectionable odors? d. Alteration of 'air movement, moisture or temperature, or any change in climate, either locally or region= ally? 3. Water. Will the. proposal result in.:. a. Changes in currents, or the course or direction of water movements in fresh water? b. Changes in absorption.rates,.drainage patterns, or the rate and amount of surface water runoff? c. Alterations to the course or flow of flood waters? -2- YES MAYBE NO d. Change in the amount of 'surface water or any Water in any water body? e. Discharge into surface waters, or in any alteration cif surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? X ' f. Alteration of the direction,or rate of flow of ground waters? g. Change in the quantity of ground waters, either through direct additions or withdrawals,.or through interception of an aquifer by cuts or excavations? h. Substantial reduction in the amount of water other- wise available for public water supplies? i. Exposure of people or property to water related hazards such as flooding? j. Significant changes in the temperature, flow, or chemical content of surface thermal springs? 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)? b. Reduction of the numbers of any unique, rare or \/ endangered species of plants? �x -3- YES MAYBE NO C. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? d. Reduction in acreage of an ? g y. agricultural crop. 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 includ- ing reptiles, fish,, or insects)? b. Reduction of the numbers of any unique, rare or . endangered species of animals? — — \ C. Introduction of new species of animals into an area, or result in a barrier'to the migration or movement of animals? d: Deterioration to existing wildlife or fish habitat? 4 6. Noise. Will.the proposal result in: a. Increases in existing noise levels? X b. X -Exposure of people to severe noise levels? .• 7. Light and Glare. Will the proposal produce new light or glare? j -4- r =, YES MAYBE NO 8. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? -. 9. Natural Resources. Will the proposal result in: a. Increase in-the rate of use of any natural' resources? / b. Substantial depletion of any nonrenewable natural resource? fx� 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (inlcuding, but not limited to, oil, pesticides, chemicals or.radiation) in the event of an accident or upset conditions? b. Possible interference with an emergency response plan or an emergency evacuation plan? 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? 12. Housing. Will the proposal.affect existing housing, or create a'demand for additional housing ?. 13. Transportation /Circulation. Will the proposal result in: a. Generation of substantial additional vehicular , movement? -5- YES MAYBE NO b. Effects on existing parking facilities, or demand for new parking ? C. Substantial impact upon existing transportation systems? d. Alterations to present patterns of circulation or movement of people and /or goods? e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazardous to motor vehicles, bicyclists or pedestrians? 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? C. Schools? d. Parks or other recreational facilities? x e. Maintenance of public facilities, including roads? i( f. Other governmental services? X 15. Energy. will the proposal result in: a. Use of substantial amounts of fuel or energy? -6- b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? 16. Utilities. Will the proposal result in a'need for new systems, or'substantial alterations to the following utilities: a. Power or natural gas? b. Communications systems? C. Water? d. Sewer or septic tanks? e.. Storm water drainage? f. Solid waste and disposal? r� YES MAYBE NO 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health \ / hazard.(excluding mental health)? b. Exposure of people to potential health hazards? 18. Aesthetics..' Will the proposal result in the obstruc- tion oof 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? 19. Recreation: Will the proposal result in an impact upon the quality or quantity of existing recreational. .opportunities? -7- 20. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archeological site? b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? C. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? d. Will the proposal restrict existing religious or sacred uses within the potential impact area? 21. Mandatory Findings of Significance. a. Does the project have the potential to dea_rade the quality of the environment, substantially reduce the habitat of fish or wildlife species, cause a fish or 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? 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 endure well into the future.) -8- r YES MAYBE NO a x: r YES MAYBE NO C. Does the project have impacts which are indivi- dually limited, but cumulatively 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 substantial adverse effects on human beings, either directly or indirectly? III. DISCUSSION OF ENVIRONMENTAL EVALUATION -9- IV. DETERMINATION On the basis of this initial.evaluation: I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. OI 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.DECLARATION WILL BE PREPARED. OI find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ADDITIONAL COMMENTS: -10- (rev. 5/16/80) fYIA11% a ; WI) PLANNING DEPT. TO: THE HONORABLE CITY COUNCIL OF THE CITY OF SARATOGA SUBJECT: PETITION FOR PARTIAL CANCELLATION OF WILLIAMSON ACT CONTRACT INCLUDING PROPOSAL FOR SPECIFIC ALTERNATIVE USE PETITIONERS: ANTHONY and GIOVANNA COCCIARDI Pursuant to the provisions of the California Land Conservation Act of 1965 (Williamson Act) the undersigned Anthony and Giovanna Cocciardi respectfully represent the following: 1. Land. The petitioners are all the present owners of the land, the legal description of which is set forth in Exhibit "A ", attached hereto and incorporated herein by reference, for which the petitioners request partial cancellation of the contract. 2. MAP. The map of the land is Exhibit "B" hereto, and is incorporated herein by reference. The map is the tentative map of the subdivision application SD -87 -008, which is being processed by the planning department. The land is that which encompasses the four lots shown on the exhibit. 3. CONTRACT. A land conservation contract was entered into by the petitioners and the City of Saratoga on January 17, 1973, which was recorded in the Office of the Santa Clara County Recorder on February 26, 1973, in Book 0250 of the official records at page 717. 4. PARTIAL CANCELLATION OF CONTRACT. Petitioners request that the City Council approve the partial cancella- tion of the contract as to the land described in Exhibit "A" hereto and as depicted upon the map which is Exhibit "B" hereto (approximately 21.5 acres), and which would leave approximately 31 acres under the contract. The undersigned represent that such cancellation is in the public interest pursuant to Section 51282(b) of the Government Code, and is accompanied by a proposal for specified alternative use under Section 51283.4 of said code, by reasons of the facts, circum- stances and conditions set forth in Exhibit "C" attached hereto and incorporated by reference. Petitioners request that this petition be set for hearing and'heard and that the council take action thereon as provided in the Williamson Act for the partial cancella- tion of subject land conservation contract. The petitioners do hereby certify the foregoing to true and correct. GEORGE' PORTER TOBIN Attorney for Petitioners 246 West Main Street Los Gatos, California 95030 (408) 354 -7100 - IM AN H NY CO CIARDI GIOVANNA COCCIARDI EXHIBIT "'C" FACTS, CIRCUMSTANCES AND CONDITIONS WHICH JUSTIFY THE PARTIAL CANCELLATION OF WILLIAMS.ON ACT CONTRACT AND PROPOSAL FOR SPECIFIED ALTERNATIVE USE (Note: All Section references are to the Government Code) Section '51282 sets forth a requirement to support council action for cancellation of any contract as to all or any part of subject land. This request is made pursuant to Section 51282(a)(2): "that cancellation is in the public interest ". The cancellation is for land .in-which a note of nonrenewal and partial cancellation has been served pursuant to Section. 51245, on September 23, 1987. Other public interests outweigh the objectives of'the Williamson Act as applied to this land. The- -land never did meet the agricultural objectives of the Act as set forth in Sections 51220(a), (b) and (c). It was never prime agricultural land and no food,'. fiber, fruit or nuts were ever grown thereon. The land never provided housing for agricultural laborers.. It did not discourage discontiguous urban development which would increase the cost of public services to city residents. The land is hilly, and is heavily wooded brushland. The land also fails to meet the presumptions in Section 51222 of parcels presumed to be large enough to sustain agricul- tural use: 10 acres of prime agricultural land,which.this land is not; and 40 acres not prime agricultural land which. this land is; and additionally, the parcel is "less than 40 acres.. This land fails to meet either test. The land is rot within a scenic highway corridor or wildlife habitat having value to the state because of scenic beauty and location, or having great importance as a' habitat for wildlife, or to the preservation or enhancement thereof. Pg. 1 of 4- I Exhibit "C" Pg. 2 of _4 CONTIGUOUS RESIDENTIAL DEVELOPMENT The land is contiguous to Tract 7T1, Mt. Eden Estates, consisting of 27 residential lots along the northeasterly boundary of said tract. It is also contiguous to Tract 7777, Chadwick Place, consisting of 11 residential lots along the easterly boundary of the land and the westerly boundary of said tract. Final map of Tract 7761 has been recorded and seven (7)of the lots have been sold. The final map of Tract 7777 has been approved and should be recorded shortly. The northeasterly boundary of the.land abutts a portion of the Garrod property and the remaining Act property under the contract for which no application for cancellation has as yet been filed. The entire Parker Ranch was approved for development a number-of years ago. The Garrod property has approximately 50 acres within the limits of Saratoga which are under the Act and it has an even larger parcel which is contiguous in the County which is also under the Williamson Act. On the west side of Mt. Eden Road, .the Teerlink property has been subdivided into 23 lots, and the adjacent property, developed by Bas Homes, was a project of 17 lots and has been substantially built out. There are very few sites of any size which are available for residential development in NHR zone. In the 15 years since this Williamson Act contract was executed, the character of-Saratoga has been radically changed-:• The largest agricultural was the Paul Masson Winery which is no longer operating. Saratoga has become a more prestigious residential area and the demand for residential sites is exceedingly strong. THE QUARRY CREEK /ROAD REPAIR PROJECT The Cocciardis and Cocciardi and Chadwick filed two lawsuits in the United States District Court for the Northern District of California against the City of Saratoga and others which was settled pursuant to a stipulation for settlement which .1 Exhibit "C" pg. 3 of 4— took care of both of the lawsuits The City required upon :the part of the Cocciardi's, the Chadwicks, and Harbor Builders Company, Inc. that they participate in the cost of the Quarry Creek /Road Repair Project. Cocciardi offered to provide the fill material from the land for which cancellation of the Act.is requested at no charge.. The original estimate was that it would require approximately 63,000 cubic yards of earth. It finally required 1.54,000 cubic yards of earth. Paragraph 7 of that stipulation for settlement provides as follows: City acknowledges that Cocciardi intends to subdivide the parcel of land from which the fill material will be taken for use in the Repair- Project (the "Borrow Site "). With respect to any application for tentative map approval covering the-Borrow .Site, City agrees as follows: (a) The average slope of,the Borrow Site will be calculated on the basis of contour lines as established after all grading and earth removal for the Repair Project has been completed.- Except as herein provided,'the'tentative. map application will be processed in" accordance with -the: current NHR Zoning Regulations, including the slope /density formula contained therein. (b) The City will take such actions as may be required and permitted under State law for cancellation of -the Williamson Act Contract which is now applicable to'the Borrow Site.. (c) The boundary lines of the proposed subdivision may be determined by Owners and such lines need not. correspond with property lines as they now exist, subject, however, to the following conditions: (1) All existing parcels or lots of record constituting any portion of the subdivision shall be shown on the map and those areas which are not included within the subdivision shall be so designated. (2) No portion of the subdivision shall include the Cocciardi Quarry. The tentative subdivision map is Exhibit "'B" to this petition. While it only embraces -4 lots, it still requires r Exhibit C" Pg. 4 of 21 1/2 acres to fulfill the slope /denisty requirements of Measure A, and of the northwestern hillside specific plan. It is the position of the petitioners that by the provisions of stipulation for settlement the City had then made a.determination that the 4 lot subdivision was the specified alternative use for the'13orrow Site." The City of Saratoga is the only known governmental agency having permit authority relating to the above proposed alternative use. R s ectfully submitted, ,GEORGV PORTER TOBIN Attorney for Petitioners N a 0 v z a Q3� _ a� no� AL t -n <ka n .momoo W.'- _ Q C W O W to03a�v Yam ? a m z n 0 f 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 HAROLD S. TOPPEL, Esq. Saratoga City Attorney 660 West Dana Street P. O. Box 279 Mountain Vier, CA 94042 Telephone: (415) 967 -6941 Attorneys for Defendants UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ALLEN CHADWICK, et al., ) Plaintiffs, ) ) Vs. CITY OF SARATOGA, et al., ) Defendants. ) ) NO. C -83 -20317 W AI STIPULATION FOR SETTLEMENT See Stipulation for Settlement attached hereto. STIPULATION FOR SETTLEMENT This Stipulation for Settlement ( "Agreement "), by and between ANTHONY COCCIARDI - and MARY COCCIARDI ( "Cocciardi "), ALLEN CHADWICK and CAROLYN COCCIARDI ( "Chadwick /Cocciardi"), HARBOR BUILDERS CO., INC., a California corporation ( "Harbor Builders ") (hereinafter collectively referred to as "Owners!'), and the CITY OF SARATOGA, a municipal corporation ( "City ") is made with reference to the following facts: A. Cocciardi was ' the owner of approximately 43 acres of real property (the "Cocciardi Property ") located within the Northwestern Hillside area of the City of Saratoga ( "Northwestern Hillside "). B. Cocciardi filed an application with City for approval of a tentative map for the Cocciardi Property, identified as Application No. SD 1356, and on or about February 13, 1980, City approved a tentative map for the Cocciardi Property providing for 23 lots and, as part of such approval, imposing certain conditions to be 'satisfied' prior to recordation of a final map. C. , Chadwick /Cocciardi is the owner of approximately 51 acres of real property (the "Chadwick /Cocciardi Property ") located within the Nor_ thwestern Hillside. D. Chadwick /Cocciardi filed an application with City for approval of a tentative map for the Chadwick /Cocciardi Property, identified as Application No. SD 1368, and on or about February 13, 1980, City approved a tentative map for the Chadwick /Cocciardi Property providing for 11 lots and, as part of such approval, imposing certain conditions to be satisfied prior to recordation_ of a final map. E. On April 8, 1980, the citizens of Saratoga passed an initiative ordinance, commonly known as Measure A, which became effective on April 25, 1980, and which pertains to the Northwestern Hillside, including the respective properties of Owners. -1- F. Section- 7 of Measure A states in pertinent part: "Pending final completion. of the requirements of Section 3, no zoning changes, land divisions, subdivisions, building or grading permits for construction of a new residence, or other land development approvals of any kind shall be issued in the subject area, nor-any applications _ accepted therefor; .provided, that upon a showing of extreme hardship . and in agreement with the provisions of this initiative, exceptions may be granted after two noticed public hearings by a 4 /5ths vote of . the City Council." Section 3 of Measure A also states in pertinent part: "The. City of Saratoga shall within one year from the effective date of this ordinance, or as soon thereafter as feasible, complete a comprehensive review of all development issues in the subject area and adopt a Specific Plan for the area pursuant to California Government Code Sections 65450- 65553, incorporating the standards set forth in Section 4 below, and all policies and regulations required to implement said Plan." G. On June 7, 1981, pursuant to and consistent with Measure A and Sections 65450 -65553 of the Government Code, City adopted the Northwestern Hillside Specific Plan ( "Specific Plan "), and on April 27, 1982, pursuant to and consistent with the Specific Plan, City enacted Ordinance NS -3.47 establishing zoning regulations for the Northwestern Hillside ("NHR Zoning Regulations "), being the area covered by Measure A and the Specific Plan. Measure A, the Specific Plan and Ordinance NS -3.47 reduced the density of development below the number of lots shown" on the. tentative maps for SD 1356 and SD 1368. H. City has contended and still contends that SD 1356 and SD 1368 are subject to all provisions of Measure A, the Specific Plan and Ordinance NS -3.47, including the density provisions thereof, whereas Owners have contended and still contend they are entitled to divide their property in accordance with the approved tentative maps for SD 1356 and SD 1368, upon compliance�nrith all conditions for final map approval and that they are further entitled to building permits authorizing the construction of a single family residence upon each of the lots shown on said maps. I. On October 20, 1983, Cocciardi commenced an action in the United States District Court for the Northern District of California, entitled Cocciardi: et al., vs. City of Saratoga, et al., Case No. C- 83- 20316 WAI (the "Cocciardi Lawsuit "). J. On October 20, 1983, Chadwick /Cocciardi commenced an action in -2- the United States District Court for the Northern District of California, entitled Chadwick, et al., vs. City of Saratoga, et aL, Case No. C -83 -20317 WAI (the "Chadwick /Cocciardi Lawsuit "). K. By stipulation between the parties, no responsive pleading has been filed by City in either the Cocciardi Lawsuit or the Chadwick /Cocciardi Lawsuit. The City has denied and continues to deny each and every allegation of the plaintiffs in said lawsuits, as to all issues and in all respects. L.. The Cocciardi Property has recently been purchased by Harbor Builders, which is now the owner thereof and the successor in interest to Cocciardi with respect to said property. M. Without admitting the validity of any of the, contentions which have, or might have been made by any of them, the parties to this Agreement desire and intend fully and finally to compromise and to settle all such ' contentions and other matters in controversy among them. N. Civil Code Section 1.542 provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if .known by him must have materially affected his settlement with the debtor." O. This Agreement contains the entire agreement and understanding concerning the subject matter between the parties to this Agreement and supersedes and replaces all prior negotiations and proposed agreements, written and oral Each of the parties'hereto acknowledges that no other party, nor the agents nor attorneys of any other party, has made any promise, representation; or warranty whatsoever, express or implied, not contained herein to induce the execution of this Agreement, and acknowledges that this Agreement has not been executed in reliance upon any promise, representation, or warranty not contained herein. P. In addition to the settlement of all matters in controversy with respect to the Cocciardi Lawsuit and the Chadwick /Cocciardi Lawsuit set forth above, . the parties hereto desire to settle all other claims, demands and causes of action which may exist between them whether known, unknown, or suspected, except as they may arise from this Agreement. MCII C C Q. All of the parties to this Agreement hereby acknowledge that they. have either been represented by - independent counsel. of their own choice throughout all negotiations which preceded the execution of this Agreement or have voluntarily elected not to retain counsel, and that they have either executed this Agreement with _ the consent of, and upon the advice of, their own counsel, or had sufficient opportunity to seek such advice. NOW, THEREFORE, it is mutually agreed as follows:. 1. Recitals A through Q are incorporated herein by reference. 2. In consideration of the additional public improvements to be constructed by Owners, as described in Paragraph 5 below, and dismissal by Owners of their. respective lawsuits, with prejudice, as to all claims and all defendants, and subject to compliance by Owners with the terms of this Agreement and the tentative map conditions set forth in SD 1356 and SD 1368, City agrees to grant final map approval for the subdivision of the Cocciardi. Property into 23 lots, in accordance with the tentative map as originally approved by City for SD 1356, and to grant final map approval for. the subdivision of the Chadwick /Cocciardi Property into 11 lots, in accordance with the tentative map as originally approved by City for SD 1368. City further agrees to process applications and issue building and grading permits and other approvals as may be necessary for the construction of a single family dwelling and accessory uses, appurtenant thereto upon each of such lots, conditioned upon prior design review approval thereof and compliance by Owners with all applicable provisions of City's zoning and other ordinances, except for the density and setback provisions of the NHR Zoning Regulations and the Specific Plan. 3. From and after the effective date of this Agreement, neither City nor Owners shall prosecute the Cocciardi Lawsuit or the Chadwick /Cocciardi Lawsuit, nor shall Owners commence any new action concerning the subject matter of said lawsuits and this Agreement. Owners may, within two (2) years from the date hereof, reactivate either or both of said lawsuits in the event City fails to perform any material provision of this Agreement and such lawsuits have not previously been dismissed with prejudice, in accordance with Paragraph 4 hereof. 4. Concurrent with the execution of this Agreement, Cocciardi and Chadwick /Cocciardi shall each execute an unconditional dismissal of their respective -4- lawsuits, with prejudice, as to all claims and all defendants. The dismissals shall be held in trust by counsel for City and shall not be filed except as follows: (a) Upon the expiration of one (1) year after the granting by City of final map approval for SD 1356, or upon. issuance by City of a building permit for construction of a single family dwelling upon any lot within the Cocciardi Property, whichever shall first .occur, counsel for City shall be authorized to file the dismissal of the Cocciardi Lawsuit. (b) " Upon the expiration of one (1) year after the granting by City of final map approval for' SD 1368, or upon the issuance by City of a building permit for construction of a single family dwelling upon any lot within the Chad wick /Cocciardi Property, whichever shall first occur, counsel for City shall be authorized to file the dismissal of the Chadwick /Cocciardi Lawsuit. 5. In addition to any and all other requirements to be satisfied by Owners for final map approval, as contained in SD 1356 and SD 1368, -and subject to the conditions as set forth in Paragraph 6 of this Agreement, Owners agree to construct and install the improvements and repairs to Quarry Creek and Quarry Road (the "Repair Project "), in accordance with plans and specifications to be prepared by Terratech, Inc., Mason -Sulic and George Sicular, consisting generally of the construction of a buttress to fill Quarry Creek to a height of approximately twenty feet, the installation within such buttress of drainage facilities; the reconstruction of Quarry Road, and such landslide repair and other work in connection therewith as recommended by the geologists, geotechnic engineers, civil engineers and hydrologist currently working on the Repair Project. All construction and repairs shall be performed in accordance with plans and specifications approved by City and its geologist. In the event Owners have satisfied all other conditions for final map approval for SD 1356, and provided that all of the conditions set forth in Paragraph 6 of this Agreement have been satisfied, Owners agree to commence work on the Repair Project no 'later than as soon as weather conditions permit in 1987, if such project cannot be commenced and completed in 1986. As a condition for granting final map approval for SD 1356 prior to completion of the Repair Project, Owners shall enter into a Deferred Improvement Agreement with City providing for the completion of the Repair Project within such period of . time as agreed upon by City. Owners' performance under such Deferred Improvement Agreement shall be secured by a cash deposit, letter of credit or other security satisfactory to City, in an amount equal to at least one and one -half times the estimated amount of Owners' remaining contribution to the Repair Project as of the time such Agreement is executed. Upon the execution of such Deferred Improvement Agreement and the deposit with City of M the security required thereunder, City shall grant the final map approval for SD 1356. All construction work on the. Repair Project shall be guaranteed by Owners against defects in material or workmanship for eriod of one (1) year after the date of completion. Final map approval for SD 1306 will be processed by City after final map _ approval for SD 1356 is granted. 6. The mutual obligations of the parties to this Agreement are subject to each of the following conditions: (a) The approval by Owners and by City of the final plans and specifications for the Repair Project, and Owners approval of the estimated cost thereof. (b) The contribution by persons other than Owners of amounts aggregating at least $351,750.00 to be applied toward payment of the costs of the Repair Project, including engineering fees and geotechnic studies. If a lesser amount is offered for contribution, Owners may voluntarily elect to waive this condition and proceed with the Repair Project. (c) Owners and City each having been released from any and -all actual or potential liability claims asserted against them by ,third party claimants pertaining to Quarry Creek- and Quarry Road Such claims include the subrogated rights of insurance carriers. (d) City having obtained from the property owners who reside on Old Oak Way, at no cost to City, all consents as may be required for performance of the Repair Project, as finally designed. (e) A determination having been made by Judge Williams that notwithstanding the elimination of an access road to iINIL Eden, as shown on the original tentative map for SD 1356, and the consequent realignment of lot lines, a final map with such modifications would still be in `substantial compliance with the tentative map. "Y7 City acknowledges that Cocciardi intends to subdivide the parcel of land from which the fill material will be taken for use in the Repair Project (the "Borrow Site"). With respect to any application for tentative map approval covering the Borrow Site, City agrees as follows: (a) The average slope of the Borrow Site will be calculated on the basis of contour lines as established after all grading and earth removal for the Repair Project has been completed. Except as herein provided, the tentative map application will be processed in accordance With the current NHR Zoning Regulations, including the slope /density formula contained therein. -6- (b) The City will take such actions as may be required and permitted under State law for cancellation of the Williamson Act Contract which is now applicable to the Borrow Site. (c) The 'boundary lines of the proposed subdivision may be _ determined by Owners and such lines need not correspond with property lines as they now exist, subject, however, to the following conditions: (1) All existing parcels or lots of record constituting any portion of the subdivision shall be shown' on the map and those :areas which are not included within the subdivision shall be so designated. (2) ' No portion of the subdivision shall include the Cocciardi quarry. 8. City agrees that Cocciardi shall not be obligated to reimburse City for engineering fees advanced under the Interim .Agreement between City and Cocciardi and said Interim Agreement is hereby cancelled. City expressly reserves the right to .seek contribution from parties other than Cocciardi for any portion. or all of the engineering fees and repair costs advanced by City or its insurance carriers relating to the Repair Project and the Vaquero Court Study. 9. As a further consideration for City's approval of the final map for SD �. 1356 and SD 1368, Owners hereby agree that each of the lots therein shall be subject to a Development Impact Fee_ to be payable at the time a' building permit is issued for r the construction of a single family dwelling upon each lot, as required under the ordinance adopted by City providing for the payment of such fee.. 10. Owners hereby stipulate that Measure A is a valid and, enforceable initiative approved. by the citizens of the City of Saratoga and that the Specific Plan and the NHR Zoning Regulations are valid and enforceable. This stipulation shall be of no force or effect in the event of City's breach of this Agreement. 11. Owners . and City shall bear his, her or its own attorney's fees and costs incurred in connection with the prosecution or defense of the Cocciardi Lawsuit and the Chadwick / Cocciardi Lawsuit and the negotiation and preparation of this Stipulation for Settlement. 12. Conditioned upon full performance of this Agreement by all parties: -7 (a) Owners, on behalf of themselves and their respective agents, representatives, attorneys, employees, insurance carriers, successors and assigns, do hereby release City, the former and present members of the City Council, their officials, officers, agents, representatives, employees, attorneys and their insurance carriers, from any and all .claims, demands and /or causes of action which may exist between them, whether known, unknown, or suspected, and Owners hereby waive the provisions of Civil Code Section 1542 set forth in Recital N above. The release of unknown claims contained in this Paragraph 12(a) is a separate consideration for the release contained -in Paragraph 12(b) hereof and Owners would not have executed this Agreement or agreed to this Paragraph 12(a) but for the release contained in Paragraph 12(b). (b) City, on behalf of itself and its officials, officers, agents,, representatives, employees, attorneys and insurance carriers, does, hereby release Owners from all claims, demands and /or causes of action which may exist between them, whether known, or unknown or suspected and City hereby waives the provisions Of Civil Code Section 1542 set forth in Recital N above. The release of unknown claims contained in this Paragraph 12(b) is a separate consideration for the release contained in Paragraph 12(a) hereof and City would not have executed this Agreement or agreed to this Paragraph 12(b) but for the release contained in Paragraph 12(a). 13. This Agreement may be amended by an instrument in writing referring hereto, signed by the parties. Such amendment must specifically state that it is an amendment to this Agreement. This Agreement may not be amended orally or otherwise than as set forth in this Paragraph 13. 14. Owners shall have the right to assign all or any part of their rights or obligations under this Agreement, subject. to prior written approval of City, which . approval shall not be unreasonably withheld. 15. This Agreement is entered into for the benefit of the parties hereto and shall be binding upon the parties hereto, their heirs, successors and assigns. Other than the parties hereto and their heirs, successors and assigns, and the attorneys of record in the Cocciardi. Lawsuit and Chadwick /Cocciardi Lawsuit, no third person shall be entitled, directly or indirectly, to base any claim or have any right arising from or related to this Agreement. 16. If it becomes necessary to enforce any of the terms of this Agreement or to declare rights hereunder, the prevailing party shall be entitled to we C reasonable attorneys' fees and other costs of litigation in addition to any other relief to which he, she or it may be entitled. 17. The effective date of this Agreement shall be the date upon which it is last signed by all parties. It may be signed in one or more counterparts and, when all parties have signed the original or counterpart, such counterparts together shall constitute one original document. When so signed, this Agreement may be filed with the Court as a Stipulation for Settlement, but the effectiveness of this Agreement does not depend upon Court approval or any Court order or orders. y3/ OWNERS: Dated: ANTHONY �COCC�IARDI Dated: MARY CO IARDI Dated: 2�J�_ Gam- ALLEN Dated: 9/3/86 /G VED AS TO FORM SUBSTANCT n . GEORGE P. TOBIN Attorney for Owners HARBOR BUILDERS CO., Inc., a Califo poration THOMAS BURKE Dated: VI n0 ED ASTOF M A S ST HAROLD S. TOPPE City Attorney Attest: -10- THE CITY OF SARATOGA, a municipal corporation 10 at is J. am (Chorus eDame tChrist- lurday, ipel. At dmont.- I. ( 415 ) (page 22 T `}rr_ r ,fit •` - k Is ,� LRd. ,... 1907 7777 I.%, Stga. 1 9:00 am 1C30am �tP� zrr- �, z 1 •.. � e Vlg. it A.M. _45 A.M. ,MSON IVIL Eden Estates _ LOT 22 �JO~T K 11 ttM m n APO LOT 23 Lar .p O I1 L LOT 12, 3 LOT u LOT 17 LOT to LOT 13 . S LOT Is �r LOT & 11t1 K N 7 b t K LOT 7 LOT T LOT 4 UIT LJU K ,CC K n K 5 � 'LOT T LOT 1 1J0 K I• K . Eden $310,000 23 LOTS TO CHOOSE FROM • 1 to 4 acre parcels • Equestrian open space • Valley views • Oak trees • City services & utilities • Saratoga schools • Gently-rolling terrain • Fully improved lots GrubbGE11is 6SJb Residential Real Estate SARATOGA/LOS GATOS OFFICE Now located at 14107 Winchester Blvd., Los Gatos Spring, 1988: Saratoga - Sunnyvale Rd. at Cox Cd 374 -0777 Now You Have .A Choicel Saratoga News /December 9, 19131 /page 21 �11.>, •T: I �l -'��1 -iM-a _ - i� !� . 1 R � i4.5.J .✓ ^ - f . 1 -, ' ..t.� `��r � 1-- t�4wn Tim:+; x �' T�1Y -4• ' 1 - 5 I:+�+i= .+G.W.��i`..+t�ML. �Y+.y�lf�►" : ��1 '►v 1- f•6'r.- t= .asr�'.�t.e•:WQ�t6r`rN��� `t �1 r .t 1 Lj at _,r•t .1 r.�.: �1 � V .ate- R !' . T ? - ��'�• ;Y. - ` ; �, • , -''� 7 `t �1 r .t `,T F. L. ''Stutz" Stutzman 15195 Park Drive Saratoga, C.. °5070 (408) 354 -3420 April 6, .1988 Mombers of the City Council: T. feel much like a pastor who is standing at a grave site raying, "We are gathered here to say farewell to another pert of our dearly beloved open space." We have as yet 21.2 acres in Saratoga still under the Williamson. Act. Tonight it appears Lha.t we are here e.; post facto to stye another - acres r €ruo�, ed before its time. In spite of specific dictates of our General plan - page 2 - 16, quote, "The city shall. ancourage rene%-,al of Williamson Act Contracts, and, quote, "Williamson Act contract caneollations shall be discouraged to the maximum extent feasible" c:nd of quote, as we have seep, with the Nelson Gar6en tract situation, we are faced once more with a tract cancellation which runs contrary to the dictates of our General Plan. There appears to be one element of distinction in the Cocuiurd; property case. On September 3, 1986 a legal settlement tams reached in ��hich the developers were assured of Act c:ancel_lat.iun and the grunting of approval for four building sites on the pruperLy of Ar. Cocc:iardi by the Saratoga City Cou,ic:il. I would a.ppreriate an explanation of how such an agreement could circumvent the General Plan's stipulation for public hcarings before such an act could be concluded. To me, this does not appoar to represunt open democratic government. A friend of mine was about to purchase one of these lots last fall and then decicled otherwi�;e when lie realized the r . J problehis involved. Thus, lot sales were being negotiated before approval for subdivision had been granted. I am also amazed at the destruction that has buen carried out in the Quarry Creek Area. More than a hundred trees have bF:en torsi out, The area will be subject to massive erosion. once 0 we enter a winter- marled by hea-vy rains, and the Ca.labaza.s CrPf lc will be fi,Iled with silt and subject to flooding. The Gorps of Engineers and the Fish and•Gawe Department who were unaware of this activity have become very concerned and involved. In summary, I would like to know how the Council can gi-,e away public rights without opera hearings, and if this can be done, why is this hearing being held tonight? - - - April, 1988 SARATOGA CITY COUNCIL: - - - We oppose cancellation of the Williamson Act contract requested by Anthony Cocciardi for the following reasons:.--..-. A.) Saratoga's own General Plan calls for not releasing Williamson Act land before. end of the contract. B.) It is our understanding that the state - required envir- onmental impact report for changes in use of that land have not been done. C.) We call your attention to the current,,- "mess" which now exists along the creekbed adjacent to Quarry Road as a result of not following proper procedures according to the State of California. ( - - -as well as not notifying nearby residents of possible slide conditions due to removal of vegetation) We are sure that in the best interests of all the residents of Saratoga you will take this matter under serious consideration.,. Clark and Karen Davis 21820 Via Regina Saratoga, CA ?LA� tic) 5,Z) SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: 7 ORIGINATING DEPT: Engineering AGENDA ITEM CITY MGR. APPROVAL SUBJECT: Vacation of a Portion of a Trail Easement on the Teerlink Ranch (Tract No. 6781) Recommended Motion: Adopt attached resolution vacating a portion of a trail easement on the Teerlink Ranch Subdivision. Report Summary: On July 17, 1986, the Teerlink Ranch was subdivided, and the subdivision offered for dedication a trail easement. The City has not yet accepted that dedication. The subdivider has requested that the trail easement be realigned on Lots 20 and 22. The subdivider has dedicated new property for the relocated trail easement, and requests that the original portion of trail easement which has been superseded be vacated. The contents of the resolution vacating the easement, and the description of the easement, have been verified by the City Engineering Department. The City Engineering Department has no objection to vacating this portion of the trail easement which was dedicated to the City. Fiscal Impacts: None. Attachments: Resolution of The City of Saratoga Vacating a Trail Easement Offered for Dedication. Copy of map showing realigned trail easement. Motion and Vote: r I� LOT 19 �`— 8' TRAIL EASEMEt yI N 2 053'23"'1A 129.23' LQT 2L N27 °58'21 W 165.69' POINT OF- BEGINNING OF DESCRIPTION — LOT 23 LOT 21 '190, 24'59 53° :82.90' Q R =40'r/ L=44041'50" L =31.21 5 ' . SCALE: I" =601 G i LOT 22 y o ORIGINAL ALIGNMEN �\ (SHOWN-IU DOTS) 1 %V N 72040'11 "W 55.91' R =115' N 41° W 40'�I I" �`' 124.81 . L= 64.1.2 \ R= 56' - EXHIBITA LEA ENGINEERING TRACT - 6781 n LAND %" VOn �^� E E T E E R L1 NK RANCH I REALIGNED TRA[L EASEMENT 3583 1irvestment Blvd.. Ste. 7 • Hayward. CA 94545 • 14151 007.4086 1 SA RAT OG A CALIFORNIA it DATE - 2 -25'88 DRAWN BY:NV D jCfiECK'EDBY:JCL' i SCALE: ( 60'r JOBNO. 84030 a� SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: 4/6/88 ORIGINATING DEPT.: Planning AGENDA ITEM: 6/4 CITY MGR. APPROVAL UP -87 -020 - Bowman, 19337 Lisa Marie Ct., Appeal of Planning Commission decision SUBJECT: denying a use permit to legalize an existing 12.5 ft. high gazebo setback 13.5 ft. from the right side property line where a 15 ft. setback is required, Recommended Motion: Study the findings of the Planning Commission and determine if the Council should affirm, modify or reverse the decision of the Commission. Report Summary: On February 24, 1988, the Planning Commission unanimously voted to deny the appellant's use permit request to legalize an existing 12.5 ft. high gazebo which was constructed 13.5 ft. from the right side property line where a 15 ft. setback is required. The Planning Commission based their decision on the fact that the gazebo could have been constructed in compliance with the zoning code and that no valid reason had been given as to why the structure was located inside the required setback area. Public Noticing: UP -87 -020 has been noticed by advertising in the Saratoga News on 2/10/88 and direct mailing to property owners within 500 ft. of the project. Fiscal Impacts: N/A Attachments: 1. Staff report to the City Council 2. Planning Comuission minutes dated 2/24/88 3. Report to Planning Commission dated 2/24/88 4. Letter of appeal Motion and Vote: OTTE o2 0&MZUQ)0& 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 MEMORANDUM TO: City Council DATE: 4/6/88 FROM: Planning Director SUBJECT: UP -87 -020 - Bowman, 19337 Lisa Marie Ct., Appeal of Planning Commission decision denying a use permit to legalize an existing gazebo, setback 13.5 ft. from the right side property line Project Description /Background On February 24, 1988, the Planning Commission considered the appellant's use permit application to legalize an existing 144 sq. ft., 12.5 ft. high gazebo located within the required side yard setback. The gazebo is setback 13.5 ft. from the right side property line where a 15 ft. setback is required by the zoning ordinance. Note: The Bowman's have stated that the gazebo has been dismantled; however, the structure's foundation remains. The Planning Commission denied the request finding that the gazebo could have been located in the compliance with the zoning code, and that no valid reason was given by the applicants as to why the structure was not located outside of the required setback area. Findings Required by City Code Pursuant to City Code section 15- 55.070, the Planning Commission is obliged to make three findings in order to approve a use permit application: 1) That the structure is in accord with the objectives of the zoning ordinance and the purposes of the district in which the property is located. 2) That the proposed location of the structure and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3) That the proposed conditional use will comply with each of the applicable provisions of the zoning code. 1 The minutes of the 2/24/88 Planning Commission meeting reflect that the Commission's primary concern was that they were being asked to legalize a structure that was constructed without the proper permits. The Commission found that there were alternate building sites where the gazebo could have been constructed in compliance with the zoning code, and that the applicant did not state any reason why the gazebo encroached into the sideyard setback. Decision by the City Council The City Council must study the record of the Planning Commission and may affirm, reverse or modify their decision. k chuek Hsia anning Director YH /bc /dsc 2 PLANNING•COMMISSTON MINUTES 2/24/88 UP -87 -020 Bowman, 19337 Lisa Marie Court, request for use permit approval of plans to legalize an existing 12.5 fL high gazebo with is setback 13.5 fL from the right side property line where a 15 ft. setback is required in the R -1- 20,000 zoning district. its Commissioner T.ucker felt that the structure in question should be built to Code -�� . Planning Director Hsia presented the Report to the Planning Commission,-February 24, 1988. The Public Hearing was opened at 7:50 P.M. Mr. Dave Bowman, Applicant, stated that the gazebo was lower in height than his home; .',....landscaping had been placed around the gazebo;and did not obstruct other's view. �. BURGERXLAY MOVED TO CLOSE THE PUBLIC HEARING AT 7:53 P.M. Passed 6.0. Commissioner-Tucker stated for the record that she objected structures that were built illegally; Chairwoman Harris added that if this Item were a Variance, the Findings could not be made. Commissioner Clay noted that no reason had been given as to why the structure was not located within the proper setback; Commissioner Burger concurred. TUCKER/CLAY MOVED TO DENY UP -87 -020, ON THE GROUNDS THAT NO REASON WAS ASCERTAINED AS'TO WHY THE ACCESSORY STRUCTURE COULD NOT HAVE BEEN BUILT TO CODE REQUIREMENTS. Passed 6-0. .. ... {�� ' .1 ,.. UP -87 -02 ' o l ` i; ,� 371•�9-� Cl Icgl C) 47 03 • �''' •r9481 21 rr 391; 47'0 (ie) • � ." 13480 n , 3'11.47.01 h� 1.0 Ag 10'r 2 LL 19389 cc a LOT 3 I•: ,: ,� ! 19363 r �p,T s . 19313 '0 -PLANNING .COMMISSION 1. �9 P 9359 311 I1.- 19;310 ` I-I I -•Lel ' 173 : 311. -rf. ;C17) (z3) 19336 •4��'� °';i.' �.. 311•rr- 391-11.18 ':,,., ::� {a�, 175 �,, '371ta1-17 19 318' • 3RI•N -17 134Gq.''' • ��' � 134 391-11-17b 134 LB of , C44) -13 r4482:- 43) `31r- ru -s>r � 13. 311 13500 :,,.. I35I9• 1 C4 r) 13 51 b �(':1)r. w-/0-49 C52i • Sol -lo .40 19547 X53) 0'.4 1 19557 , '� 13541 97rro CS4) 19544 •� 71-00 -49 e5J C(.5) 311'�o•9I 59�s 13(67& CI7 -/0.44 37/•/0.30;'::. 19160 I—%- REPORT TO PLANNING COMMISSION FROM:' Robert T. Calkins DATE: February 24, 1,988 APPLICATION NO. & LOCATION: UP -87 -020; 19337 Lisa Marie Ct.. APPLICANT: Bowman APN: 389 -34 -002 PROJECT DESCRIPTION: Pursuant to City Code Sections 15- 80.030-(.6-) and (k), and 15- 55.070, the applicant is requesting use permit approval of plans to legalize an existing 144 sq. ft., 12.5 ft. high gazebo located 1.3.5 ft.. from the right side property line. According to the City Code, a 15 ft. side yard setback is required and the maximum height allowed is 10 ft. ISSUES: No issues have been identified.. The use of the gazebo will not have an adverse impact on privacy since existing landscaping, once mature, will adequately screen the structure and restrict the view onto the adjacent property to the south (19313 Lisa Marie Ct.). The height of the gazebo is not excessive, and is compatible in scale-and design with the main house. STAFF RECOMMENDATION: Approve the project by adopting Resolution UP -87 -020 and findings. PUBLIC NOTICING: The application was deemed complete on 1/5/88. UP -87 -020 has been noticed by advertising in the Saratoga News on 2/10/88 and direct mailing to property owners within 500' of the project.. ATTACHMENTS: 1. Resolution UP -87 -020 2. Technical ,Information /Staff Analysis 3. Plans RC /dsc TECHNICAL INFORMATION /STAFF ANALYSIS COMMISSION MEETING: February 24, 1988 APN• 389 -34 -002 APPLICATION NO. & LOCATION: UP -87 -020 19337 Lisa Marie Ct. ACTION REQUESTED: Use permit approval of plans to legalize an existing 144 sq. ft. gazebo. APPLICANT: Bowman PROPERTY-OWNER: Same OTHER APPROVALS RECEIVED /REQUIRED: Building permits ENVIRONMENTAL ASSESSMENT: Exempt under- CEQA (15303) ZONING: R- 1- 20,000 GENERAL PLAN DESIGNATION: Residential- (low density) EXISTING LAND USE: Single family home SURROUNDING LAND USES: North & east - SFD; south - SFD (under construction); west - orchard PARCEL SIZE: 23,895 sq. ft. NATURAL FEATURES & VEGETATION: SLOPE AT BUILDING SITE: level PROPOSED SETBACKS: (Gazebo) Front: -Left Side: level lot with landscaped rear yard AVERAGE SITE SLOPE: level 120 ft. Rear: 4.6 ft. 104 ft. Right Side: 13.5 ft. HEIGHT: 12.5 ft. IMPERVIOUS COVERAGE: 6,389 sq. ft. (275) SIZE OF,STRUCTURE: First Floor.(incl. garage): 4,559 sq. ft.. Gazebo: 144 sq. ft. TOTAL: 4,703 sq. ft. ORDINANCE COMPLIANCE: The project does not meet all the requirements and standards of the zoning ordinance in that the proposed gazebo is setback 13.5 ft. from the right side property line where 15 ft: is required. MATERIALS & COLORS PROPOSED: Redwood 0 UP -87 -020; 19337 Lisa Marie Ct. STAFF ANALYSIS A. Proposal The applicant is requesting use permit approval of plans to legalize an existing 144 sq. ft., 12.5 ft. high gazebo located within the required side -yard setback of a 23,895 sq. ft. lot in the R- 1- 20,000 zoning district.. The structure is setback 13.5 ft. from the right side property line. The Building Inspection Division has "red tagged" the structure, and prohibited any further construction until proper planning and building approvals were received.. B. Analysis Pursuant to City Code Sections 15- 80.030 and 15- 55.070, the applicant is requesting the Planning Commission allow the gazebo to be located in the required side yard setback (i.e. 1.3.5 ft. setback where a 15 ft. setback is required). In addition, the applicant requests the Planning Commission modify the height limit for garden structures and allow the gazebo to be a maximum 12.5 ft. in height where 1.0 ft. is allowed. The Planning Commission has the authority under City Code Section 15- 55.070 to approve the application and grant• the requested modifications if the following use permit findings can be made: 1. that the structure is in accord with the objectives of the zoning ordinance and the purposes of the district in which the property is located, and 2. , that the location of the structure and the conditions under which it is operated or maintained will not be detrimental to the public health safety or welfare, or materially injurious to properties or .improvements in the vicinity. In this case; no adverse visual or 'privacy impacts are anticipated since the height of the gazebo is not excessive, and existing landscaping recently planted adjacent to the gazebo will help screen the structure from view and restrict the view onto the adjacent property to the south. The 15- gallon evergreen mayten trees (currently between ,6_8. ft. in height) planted adjacent to the gazebo will eventually grow to approximately 15 -30 ft. in height /and =.3. provide an excellent buffer between the gazebo and the right side property line. Staff recommends approval of the application by adopting Resolution-UP-87-0,20. Name.-Of Appellant: Address: Telephone: Name of Applicant: Project File No.: Project Address: Project Description:' 3A Date Recc.i!vcd _ Nearing Date: Fee l/ CITY*USE ON APPEAL APPLICATION _Z933,41- Z-1 o— m qtl C71c�.��e c� l �D.GU�rvt.Cc�l!l Decision Being Appealed.: .reY4/ az,��d Grounds 4oy the Appeal (Letter may be attached): ' YY �P X04 ZC.��• w�1.L'rW l••4- (1� 9/ � Y N�4'Yr �G�C2' ¢v 9 �e�pe.nfr f� frf ��-• f��"''ri U,� �rq %izr ���� 4 . � �� ter. !J�T`�l,hYd' 4 ,QC �"�l( �� /'T-�� '�•Y•..C�.h �� L•f-or �s '•�� �� {�1 -�k� ' �: 4 r I r% rrl d v�b�� A P%Al al eeor 1 * /k Ce 7L.r cu•t.T/,cTo� �1 L��l� /�f 74 ®mot Qri y t--rr1 'O U / i' �'C: f'�G l•- L 44-1 Y % r G.- Y �u V t' • f 'O �4 �Y r • �i" 'Li � f iy I J.7�t j'. Appellant.'s Signature *Please do not -sign this application until it is presented at City offices. If you wish specific the • appeal please list them on a eparatecsheet. be sheet. ed of this . � {Zt .N 5 �-V1' k c.�%-.w e. s� /Zr 9h r�rJ A /TDprw T1IIS APPLIC,ITIO,M MUST DE SMINIITTPD WiT(fIN D' TCN (10) CALENDAR , HL• OA k 0k- I fr 0, LAYS Oi' ``',• . `.',•tic LLOYD AND HARRIET SUNDBLAD ~i -6_ye (35'73 l2vwn� Ll:c� 7-o 7-//,-- Sie,4--rO6;14 Cj r cou.VC/ 9 f/is /s To ,�FD L'�rs� 7- Y 7-0 7-He `iZ/C L O k/ 7`O Tom/ C ��d �O SCE D i= 19 G/I z C-,, o CDIVST -,<dC,, i a J D/t,/ TNT 13s 73���G✓,y g� TUC 0 U1t Qe�e` -� SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO.143 3 MEETING DATE: 4/6/88 ORIGINATING DEPT. City Attorney AGENDA ITEM - CITY MGR. SUBJECT: Ordinance concerning Removal of Illegal Signs on Public Property Recommended Motion: Introduce ordinance at this meeting; next meeting, adopt ordinance. Approve Negative Declaration. Report Summary: The proposed ordinance will strengthen the ability of the City to summarily remove illegal signs on public property, as explained in the memorandum from the City Attorney to the Planning Commission dated February 29, 1988. The ordinance was reviewed and unanimously approved by the Commission at its regular meeting on March 23, 1988. Fiscal Impacts: None. Attachments: Memo from City Attorney to Planning Commmission Negative Declaration Proposed Ordinance Motion and Vote: r e ATKINSON • FAI3ASYN ATTORNEYS AT LAW PAUL B. SMITH 660 WEST DANA STREET ERIC L. FARASYN P.O. BOX 279 LEONARD J. SIEGAL MOUNTAIN VIEW, CALIFORNIA 94042 HAROLD S. TOPPEL ROBERT K. BOOTH, JR. (415) 967 -6941 STEVEN G. BAIR.D ' NICHOLAS C. FE DELI, JR. HENRY D. CRUZ MEMORANDUM .- - TO: Saratoga Planning Commission FROM: Hal Toppel, City Attorney RE: Removal of Illegal Signs on Public Property DATE: February 29, 1988 J. M. ATK.INSON (1892-1.982) L. M. FARASYN 11915-19791 The City now is, or soon will be, considering various topics relating to signs. These topics include neon signs, window signs and new sign regulations for the Village. In addition, there is a new state law concerning the identification and abatement of illegal signs which must be taken into account before the adoption of any new regulations pertaining to existing signs. The proposed ordinance is an - interim measure to control illegal signs on public property. The ordinance is being presented at this time to enable adoption before the June election, which brings the usual - proliferation of temporary political signs. Further revision of the ordinance may be appropriate later this year, when we begin to address the various topics referred to above. The proposed ordinance deletes paragraphs (c) and (d) in Section 15- 30.160. (a copy of which is attached hereto), and replaces the same with a new Section 15- 30.200 concerning the removal of illegal signs on public property. The differences between the paragraphs deleted and the new section adopted are as follows: 1. The new section applies to any illegal sign on public property, whereas the deleted language applied exclusively to temporary political signs. 2. The new section will allow summary removal, without prior notice, of any sign determined to be an immediate and substantial hazard to the public health or safety, whereas the deleted language required some effort to locate the owner prior to removal of the sign. The old . language was based upon some rather broad rulings by the California Supreme Court which suggested that prior notice to the owner was required even though the sign might constitute a safety hazard. However., subsequent decisions have been rendered by both the United States Supreme Court and the California Supreme Court which suggest a more reasonable balance between the procedural due process requirement of notice and considerations of public health and safety. Quite frankly, I would rather defend a constitutional challenge on the reasonableness- of the ordinance as opposed to a =1- liability suit based upon the City allowing a' dangerous condition to exist upon its public property. The ordinance is intended to satisfy procedural due process by requiring notice to the sign owner promptly after removal` and the opportunity to retrieve the sign and to contest the imposition of removal costs. 3. The existing ordinance does not contain any provisions for retrieval of signs removed by the Maintenance Director, and simply provides that the owner shall be obligated to pay the removal costs. Such cost would be negligible in the case of a temporary political sign which usually requires little effort to remove. The, proposed ordinance would require the Maintenance Director to ;retain all signs he has removed for a period of 10 days, during which the owner may retrieve the sign. The ordinance further provides that the owner shall pay either an administrative fine in the amount of $10 or the. actual removal cost, whichever is greater. If the owner believes the sign was not illegally placed upon public property, he may contest the payment at a hearing conducted by the City Manager. The decision by the City Manager would be final. The proposed ordinance would not change any other rights and remedies available to the City by reason of a Code violation, as provided in Chapter 3 of the City Code. Such rights would include the issuance of citations and commencement of civil proceedings for abatement of the violation. Section 15- 95.030(b)(4) designates any violation of the sign regulations as constitut.i an infraction offense. Saratoga City Attorney -2- S15- 30.160 Temporary political signs (a) Sign restrictions. A temporary political sign may be erected only in accordance with the following restrictions: (1) No temporary political sign may be illuminated in any manner other than by previously existing lighting sources normally used for illumination of the area where the sign is erected. (2) No temporary political sign may be affixed to any pole or wire appurtenance thereof on which is-attached any traffic sign, traffic signal, street sign, parking sign or other traffic control device installed by any public agency for public information purposes, nor may any temporary political sign be erected in a manner or place that will obstruct normal visibility of such traffic signs, traffic signals, street signs, parking signs or other traffic control devices. (3) No temporary political sign may be erected upon or affixed to any sidewalk, crosswalk, police or fire alarm system, hydrant, or any public building or other public structure: (4) No temporary political sign may be erected within or upon -any public highway, public street or public right of way in a manner or place that will obstruct a motorist's line of sight or otherwise constitute a safety hazard for vehicular or pedestrian traffic upon such highway, street or right of way. - (5) No temporary political sign may exceed an area of five square feet. (6) No temporary political sign may' be erected having bracing or backing material thicker than one -half inch, except for support posts firmly planted in the ground. (b) Duration and removal. A temporary political sign may be erected not, more than forty -five days prior to the day of the election to which it relates and, shall be completely removed not later than five days after the date of such election. (c) Violation and removal by City. (1) In the event a temporary political sign is erected in violation of the restrictions set forth in Paragraph (a) of this Section and such sign constitutes an existing peril to the safety of persons or property, the -Maintenance- Director shall endeavor to locate the owner of such sign and request its immediate removal or relocation. If, after reasonable effort to do so, the owner cannot be found within one hour after the Maintenance Director first becomes aware of the existence of the peril, or if such owner is found and fails or refuses to remove or relocate the sign within one hour after being requested to. do so, the Maintenance Director or his representative may proceed to remove such sign. - (2) In the event a temporary political sign is erected in violation of the restrictions set forth in Paragraphs (a) or (b) of this Section or is not removed within the time prescribed in Paragraph (b) of this Section, but such sign does not constitute an existing peril to the safety of persons or property, the Maintenance Director shall endeavor to locate the owner of such sign and notify such owner of the violation. If, after reasonable effort to do so, the owner cannot be be found, the Maintenance Director shall post a notice of violation upon the sign. If the violation is not corrected within three days after notice thereof is given to the owner or posted upon the sign, as the case may be, the Maintenance Director or his representative may proceed to remove the sign. (3) Any temporary political sign removed by the Maintenance Director pursuant to Paragraphs .(I) or (2) above shall conclusively be deemed to have been abandoned by the owner thereof and may be destroyed. The City shall have the right to recover from the owner of such sign all removal and destruction - costs. (d) Violations. Each sign found to be in violation of this Section shall constitute a separate violation of this Code. RES -ND Saratoga DECLARATION THAT ENVIRONMENTAL IMPACT REPORT NOT REQUIRED (Negative Declaration) Environmental Quality Act of 1970 File No. The undersigned, Director of Planning 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, 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 Amendment to the Zoning Ordinance pertaining to violations fo sign regulations and removal of illegal signs on public property. (Sec. 15- 30.160 and 15- 30.200). NAME AND ADDRESS OF APPLICANT City of Saratoga 13777 Fruitvale Ave. Saratoga, CA. 95070 REASON FOR NEGATIVE DECLARATION The proposed amendment is more restrictive than current regulations and is administrative in nature. No environmental effects will result. Executed at Saratoga, California this day of YUCHUEK HSIA DIRECTOR OF PLANNING , 198 . DIRECTOR'S AUTHORIZED STAFF MEMBER