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HomeMy WebLinkAbout71.160 ORDINANCE NO. 71-160 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING DEVELOPMENT AGREEMENT FOR THE ODD FELLOWS HOME PROJECT THE CITY COUNCIL OF THE CITY OF SARATOGA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS. A. The application of Odd Fellows Home of California ("Odd Fellows"), to redevelop certain property owned by Odd Fellows (the "Propert-/'), which application included a request for a General Plan Amendment, approval of a Conditional Use Permit and Design Review Approval to renovate, redevelop, relocate and expand facilities currently existing on such Property and to construct additional facilities on such Property ("Project") was approved by the City Council on March 6 , 1996, by adoption of Resolutions Nos. 96-11.2 and 76-11~ 3. B. The Project was forrod to be consistent with the City~s General Plan as amended. C. A devdopment agreement between the City and Odd Fellows in connection with the Project ("Development Agreement") has been presented to the City Courtall, a copy of which is attached hereto as Attachment 1. D. Pursuant to the California Environmental Quality Act ("CEQA") the City prepared an Environmental Impact Report CEIR") for the Project~ which EIR was certified by the City Council on February 21, 1996. Pursuant to CEQA, .a mitigation/monitoring program for the Master Plan was adopted, to be implemented in connection with the Project. As to all environmental impacts identified in the EIR as not being capable of mitigation to an insignificant level, the City has determined that the benefits of the proposed Project outweigh these unmitigated environmental effects and the City accordingly adopted a Statement of Overriding Considerations on February 2 I, 1996. E. A public hearing on the proposed Devdopment Agree~nent was held before the Planning Commission on February 14, 1996, 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. F. The Planning Commission forwarded the Development Agreement to the City Council, with comments. G. A public hearing on the proposed Devdopment Agreement was held before the City Council on February 21, 1996, 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 City Council has considered the comments made by the Planning Commission as well as all testimony both oral and written received at the Februg 14, 1996 and February 21, 1996 public hearings. Section 2. FINDINGS AND DETERMINATIONS Therefore, on the basis of (a) the foregoing Redtals which are incorporated herein, (b) the City of Saratoga's General Plan, (c) the EIR, and on the basis of the spedtic condusions set forth below, the City Coundl finds and determines that: 1. The Development Agreement is consistent with the objectives, polides, general land uses and programs spedfled and contained in the City's General Plan as amended in that the General Plan land use designations for the site indude "Residential" and "Quasi-public Fadlilies" and the Proiect is a redevelopment and expansion of radiities consistent with such designations. 2. Tha Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the R- 1-40,000 zoning district in which the Property is located in that the project approvals include a Conditional Use Permit for the Project in accordance with the R- 1-40.000 zoning district requirements. 3. The Development Agreement is in conformity with the public convenience, general welfare and good land use polides in that the Project will implement land use polides and the guidelines as amended set forth in the General Plan which have planned for quasi-public facilities and residential development at this location and the Development Agreement will promote the City's Housing Element goals and polides encouraging diversified housing opportunities. 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 Courtall. 2 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 Zoning Ordinance. Section 3. APPROVAL The City Council hereby approves and authorizes the Mayor to sign the Development Agreement (Attachment 1 ). Section 4.. RECORDATION Within ten days after the Development Agreement is executed by the Mayor, the City Cleric 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 assed and adopted at a regular meeting of the City Coundl of Saratoga held on the 7p__~ay of )///Za-~_ , 1996, by the following vote. Ax/ES: Councilmembers Burger, Moran, Wolfe and Mayor Jacobs None NOES: ABSENT: Councilmember Tucker MAYOR ATFEST: ~ ~ ~' ~4~ TIle ebove and foregoinn_ is a true and correct City Clerk copy of Ordinance ~ig~vhich has been published according to 3