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HomeMy WebLinkAbout71.147 ORDINANCE NO. 71-14V 1~ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SledSTOGA APPROVING DEVELOPHENT A~REEHENT FOR THE GREENBRIAR SARATOGA ROAD CO. SINGLE-FAMILY RESIDENTIAL PROJECT THE CITY COUNCIL OF THE CITY OF SARATOGA DOES HEREBY ORDAIN AS FOLLOWS= Section 1. RECITALS A. The application of Greenbriar Saratoga Road Co. ("Greenbriar") for a 94 unit single-family residential project ("Project") was approved by the City Council on November 2, 1994, by adoption of Resolution No. 94-44. B. The Paul Masson Specific Plan ("Specific Plan") was previously prepared for the property on which the Project is located. The Specific Plan was adopted by the City Council by Resolution No. 93-046. C. The Project was found to be consfstent with the Specific Plan, and a mitigated negative declaration for the Project was prepared and certified by the City Council. D. A Condition of Approval of the Project requires that Greenbriar and theCity enter into a development agreement. E. A development agreement between the City and Greenbriar ("Development Agreement") has been presented to the City Council, a copy of which is attached hereto as Attachment 1. F. The mitigated negative declaration prepared for the Project sufficiently encompasses the terms and conditions of the Development Agreement. G. A public hearing on the proposed Development Agreement was held before the Planning Commission on March 8, 1995, for which public notice was given as provided by law and at which all persons desiring to be heard were given an opportunity to be heard. H. The Planning Commission forwarded the Development Agreement to the City Council, with comments. I. A number of minor modifications to the Development Agreement have been made since the Planning Commission reviewed the document, which modifications the City Council finds need not be referred back to the Planning C0~m~ssion. 1 J. A public hearing on the proposed Development Agreement was held'before the City Council on March 15, 1995, for which public notice was given as provided by law, and at which all. persons desiring to be heard were given an opportunity to be heard. K. The City Council has considered the comments received and made by the Planning Commission at the March 8 public hearing. Section 2. FINDINGS AND DETERMINATIONS Therefore, on the basis of (a) the foregoing Recitals which are incorporated herein, (b) the City of Saratoga's General Plan, (c) the Specific Plan, (d) the Mitigated Negative Declaration, and on the basis of the specific conclusions set forth below, the City Council finds and determines that: 1. The Development Agreement is consistent with the objectives, policies, general land uses and programs specified and contained in the City's General Plan and in the Specific Plan in that the General Plan and Specific Plan land use designations for the site include "residential" and the project is a residential development consistent with the "residential" designation. 2. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for,'the zoning district in which the real property is located in that the project approvals include a Planned Unit Development for the project, which is provided for in the MUPD zoning district. 3. The Development Agreement is in conformity with public convenience, general welfare and good land use policies in that the project will implement land use guidelines set forth in the Specific Plan and the General Plan which have planned for residential development at this location. 4. The Development Agreement will not be detrimental to the health, safety and general welfare in that the project will proceed in accordance with the Conditions of Approval for the project adopted by the City Council. 5. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values in that the project will be consistent with the General Plan and Specific Plan. Section 3. APPROVAL The City Council hereby approves and authorizes the Mayor to sign, the Development Agreement (Attachment 1). 2 Section 4. RECORDATION Within ten days after the Development Agreement is executed by the Mayor, the City Clerk shall submit the Agreement to the County Recorder for recordation. Section 5: This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council of Saratoga held on the 5th day of April , 1995, by the following vote. AYES: Councilmembers Jacobs, Moran, Tucker, wolfe and Mayor Burger NOES: None ABSENT: None Y R ATTEST: City March 9, 1995 mnrsw\273\ord\grenbrar.pro - The above and foregoing is a true and corree{ / which copy of Ordinance ]jr ¥7 has been pubHshec~ according to law.