Hazardous waste

1. To the City of Saratoga Planning Department:
The Quito Village SB35 project1
at 18764-18850 Cox Avenue, Saratoga, has several issues
which may not qualify it for SB35 streamlining: easements, potential hazardous waste listings,
and recordation of a Vesting Tentative Map after public hearings.
The Quito Village SB35 project includes a Vesting Tentative Map2
for up to 91 condominium
units. With regards to easements, the Quito Village SB 35 Vesting Tentative Map page TM 3.0
shows various easements which are to be vacated, including an Electrical and Telephone
easement, a PG&E telephone easement, and a landscape easement. These easement vacations
would require separate agencies to agree to these vacations, or not. This does not appear to be a
series of actions which may be assumed ministerially.
Saratoga Municipal Code (“SMC”) section 14-10.020 specifies that the Planning Commission is
the advisory agency for the Tentative Subdivision Map. Further, SMC 14-15.010(b) states:
(b) No person shall sell, lease, finance or transfer any parcel or parcels of land
constituting a subdivision for which a tentative and final map is required under this
Chapter, or commence construction of any building thereon, or allow occupancy thereof,
without first complying with all of the provisions of this Chapter and causing an approved
final map to be filed for record in the office of the County Recorder.
Therefore, the Planning Commission would need to hold a hearing to review the project (SMC
14-20.060) and make findings for approval of the Tentative Subdivision Map. The applicant’s
SB35 checklist question 12 did not definitively state that there is a Vesting Subdivision Map3
which is subject to both the Saratoga Municipal Code and Subdivision Map Act regulations.
There could be no construction on the site until a final map is approved.
During the subdivision map hearing it would be important to present any information regarding
any hazardous materials which could be on the site. This information would come from a Phase
I and Phase II Environmental Site Assessment. Neither of these documents were provided online
which makes the determination of the existence of hazardous materials on the site nearly
impossible. Because there is an existing dry cleaner on the site4
, it would be very important to
have this information provided. For expensive real estate purchases, the buyer very likely had
these environmental documents already prepared for due diligence.
Determining if there is a hazardous waste listing is important, because such a listing would be a
disqualifying factor under SB 35, California Gov. Code section 65913.4(a)(6)(E):
(E) A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste
site designated by the Department of Toxic Substances Control pursuant to Section 25356
1
Project Plans accessed February 27, 2020: https://www.saratoga.ca.us/467/Quito-Village-Development-Project
2
Quito Village Development Project Vesting Tentative Map accessed February 27, 2020:
https://www.dropbox.com/s/bkoxfuefkmdf16t/002%20-%20Quito%20Tentative%20Map.pdf?dl=0
3
Quito Village Development Project SB35 Checklist accessed February 27, 2020:
https://www.saratoga.ca.us/DocumentCenter/View/2298/SB-35-Eligibility-Checklist
4
Quito Park Dry Cleaners, 18808 Cox Ave., Saratoga

2. of the Health and Safety Code, unless the State Department of Public Health, State Water
Resources Control Board, or Department of Toxic Substances Control has cleared the site
for residential use or residential mixed uses.
The site is shown to have an EPA and CERCLIS listing, with criteria and hazardous air
pollutants5
and probably should be further investigated. The applicant failed to show that
hazardous materials listings would disqualify a project from SB35 eligibility in their checklist
item 9.6
The Saratoga City Council apparently voted themselves out of having a hearing on the project, a
decision which may not have been made with prudent legal advice considering they waived the
community’s rights along with their own in deference to city staff. This, does not preclude the
legislative body’s requirement to review the Vesting Tentative Subdivision Map, which should
be scheduled for hearing.
In order to have a thorough review of the project’s eligibility, the issues regarding easements,
approval process of the Vesting Tentative Subdivision Map, and public health and safety issues
which involve determining any hazardous waste listings for the site, must be addressed. Failure
to adequately perform their duties could leave the city open to multi-year litigation, which no one
is interested in enduring.
Please add the above information to the public comments regarding this project.
5
http://environment.netronline.com/site.php?eid=110001163749&stid=6&ctid=227
6
Quito Village Development Project SB35 Checklist accessed February 27, 2020:
https://www.saratoga.ca.us/DocumentCenter/View/2298/SB-35-Eligibility-Checklist