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HomeMy WebLinkAboutCity Council Resolution 2475 RESOLUTION NO. 2475 A RESOLUTION OF THB CITY COUNCIL OF THE CiTY OF SARATOGA APPROVING TENTATIVE PAETIAL CANCEI-LATION OF A WILLIAMON ACT CONTRACT RELATING TO PROPEETY GENEEALLY LOCATED AT 22631 BaT. EDEN BOAD WHEREAS, Anthony and Giovanna Cocciardi (hereinafter referred to as "Owners"), are the owners of certain real property generally located at 22631 Mt. Eden Road, Saratoga, California, identified as Assessor's Parcel No. 503-12-025 and a pertion of Assessor's Parcel No. 503-12-024, consisting of approximately 21.5 acres of land (hereinafter referred to as "the Property"); and WHEREAS, the Property is currently subject to a "Williamson Act Contract," executed on or about January 17, 1973, pursuant to the California Land Conservation Act of 1965, as recorded on February 26, 11973, in Book D250, Page 717, Official Records of Santa Clara County, California; and WHEREAS, Owners have petitioned the City of Saratoga for cancellation of their Williamson Act Contract with respect to all of Assessor's Parcel No. 503-12- 025 and a pertion of Assessor's Parcel No. 503-12-024, in accordance with the provisions of Sections 51280-51286 of the Government Code; and WHEREAS, the proposed alternative use of the Property is to subdivide the same into four lots for the construction upon each lot of a single family residence; and WHEREAS, pursuant to Section 51283 of the Government Code, the Santa Clara County Assessor has determined that the cancellation fee for cancellation of the Williamson Act Contract with respect to the Property will be the sum of $27,500, and a certificate of such determination dated March 31, 1988, has been received by the City Council; and WHEREAS, a public hearing on the requested cancellation was conducted by the City Council on April 6, 1988, with notice thereof being given as required by law, at which time any person interested in the matter was given an opportunity to be heard; and WH£REAS, the City Council has carefully reviewed and considered the oral and documentary evidence submitted in suppert of and in opposition to the requested cancellation; and WHEREAS, the City Council has approved a Negative Declaration determining that the requested cancellation will have no substantial adverse impacts upon the environment, within the meaning of the California Environmental Quality Act; and WHEREAS, the City Council has found and determined that: -1- (a) The Property has never been used for agricultural purposes and there is no reasonable agricultural use to which the Property may be put. (b) The Property does not constitute "prime agricultural land," an "agricultural preserve," a "scenic highway corridor," a "wildlife habitat area," or a "managed wetland area," as such terms are defined in Section 5 1201 of the Government Code. Accordingly, the Property does not fall within any of the categories of land which the Williamson Act is primarily intended to preserve. (c) The Property is immediately adjacent to two parcels of land which have been approved for subdivision and single family residential development. The proposed alternative use of the Property will be consistent with its underlying zoning classification of "NHR," and will correspond with the pattern of development in the surrounding area. For the purpose of subdivision into 4 residential lots in accordance with the zoning regulations of the NHR district, there is no other proximate uncontraeted land which is suitable in terms of size and physical characteristics, or available in terms of being currently offered for sale or intended for development. (d) The Owners have entered into an agreement with the City to finance and perform a major repair project, commonly known as the "Quarry Creek/Quarry Road Repair Project," to eliminate geotechnic and other hazards constituting an immediate threat to the lives and property of persons residing in the area. In connection therewith, a substantial quantity of fill material was taken from the Property for use in the repair project, at no cost to the other participants in the project. In addition, the agreement by the Owners to finance the project, including payment of all cost overruns, was based in part upon the revenue to be derived from the subdivision and development of the Property. By virtue of this agreement, the Property will be put to an alternative use in a manner that will contribute toward the resolution of all of the following public concerns: (1) The elimination of geotechnic hazards threatening the public health, safety and welfare; (2) The reconstruction of Quarry Road; (3) The establishment of an emergency access road for the benefit of both the residents on Vaquero Court and the future residents of the Mt. Eden Estates Subdivision; (4) The construction of new and upgraded cirainage facilities which are capable of handling the water flow of Quarry Creek and will prevent the occurrence of any future erosion; (5) The elimination of flooding conditions on Quarry Road; -2- (6) The elimination of a source of pollution of Calabazas Creek caused by the landslide debris and other foreign material carried into Calabazas Creek by the waters of Quarry Creek. NOW, THEREFORE, be it resolved by the City CouimeH of the City of Saratoga as follows: 1. Based upon the findings and determinations described above, and subject to compliance with all of the conditions set forth in Paragraph 2, a tentative partial cancellation of the Williamson Act Contract with respect to the Property consisting of Assessor's Parcel No. 503-12-025 and a portion of Assessor's Parcel No. 503-12-024, as shown on the map submitted by Owners with their petition for cancellation, is hereby approved on the ground that partial cancellation of such contract is in the public interest, by virtue of a finding and determination by the City Council that: (a) Other public concerns substantially outweigh the objectives of the Williamson Act; and (b) Development of the Property will provide a more contiguous pattern of urban development than development of proximate noncontracted ind. 2. A certificate of final partial cancellation of said Williamson Act Contract shall not be recorded until all of the following conditions and requirements have been fully satisfied: (a) Tentative and final subdivision map approval shall have been granted by the City, pursuant to Chapter 14 of the City Code. The permitted density of development shah be as determined by the Pinning Commission and the City Council, and nothing herein shall constitute or be construed as an approval of the proposed subdivision, or a waiver, relinquishment or restriction upon the City's right to impose conditions, requirements~ dedications and exactions in connection with the granting of subdivision map approval. (b) Owners shall pay the full amount of the cancellation fee, as computed by the County Assessor and set forth in his certification to the City dated March 31, 1988. In the event such fee is not paid within one year from the date of recording the certificate of tentative cancellation, the fee shall be recomputed as of the date on which the City receives notice from Owners that all of the conditions set forth herein have been satisfied. (c) The Quarry Creek/Quarry Road Repair Project shall have been fully completed and final inspection approval thereof shah have been granted by the City. -3- 3. The Williamson Act Contract between Owners and the City shall remain in full force and effect with respect to the remainder of the property subject to said contract, consisting of approximately 31 acres of land. 4. The City Clerk is hereby authorized and directed to record in the Office of the Recorder for Santa Clara County, California, a certilicate of tentative partial cancellation, in accordance with the provisions of Section 51283.4 of the Government Code. Passed and adopted at a regular meeting of the City Council of the City of Saratoga hetd on the 20th day of April, 1988, by the following vote: AYES: ColmcilnP, mbeJcs Anderson, Clevenger~ Hlava, MOyles and Mayor Peterson NOES: None ABSENT~one ~__ ATTEST: City Clerk ~ -4- · Office of the ~CoueiV Aimcrusoe Rel~ lefepel~/Dlvlden County Governmen1 Clnt~ Emmt wing 70 Weet H~:~ding 8treet County of Santa Clam s.. Jo.. 299-2401 Armera California A.,N E. c,,,.. MARCH 31 , 1988 THE HONORABLE CITY COUNCIL OF THE CITY OF SARATOGA 13777 FRUITVALE AVENUE SARATOGA, CA. 95070 ATTN: ROBERT CAULKINS. CITY PLANNING DEPARTMENT RE: A.P.N. 503-12-024 (PARTIAL) AND 503-12-025 LAND CONSERVATION CONTRACT #73.905 OWNER: COCCIARDI, ANTHONY AND GIOVANNA APPRAISAL DATE: FEBRUARY 9, 1988 CERTIFICATE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 51283 OF THE GOVERNMENT CDDE, 1, ALFRED E. CARLSON, 90 HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THE FULL CASH VALUE OF THE 21 ACRES OF LAND, BEING PARCELS 503-12-024 (PARTIAL) AND 503-12-025 IS $220,000 (TWO HUNDRED TWENTY THOUSAND DOLLARS). THE CANCELLATION FEE, WHICH IS DETERMINED BY MULTIPLYING THE FULL CASH VALUE BY i2.5 PERCENT IS EQUAL TO $27,500 (TWENTY SEVEN THOUSAND FIVE HUNDRED DOLLARS). THIS IS THE AMOUNT OF THE CANCELLATION FEE. DONE THIS 315T DAY OF MARCH 1988, AT SAN JOSE, CALIFORNIA. ~S~;m' ~ A D E. CARLSON, M.A.I. OR I An Equel Opportunity Employer