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HomeMy WebLinkAboutCity Council Resolution 02-018RESOLUTION N0.02-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFSARATOGA . WHEREAS, the Planning Commission conducted Public Hearings on October 24, "1.001 and December 12, 2001 where at all interested parties were invited to offer information regarding the proposed project, and WHEREAS, the Planning Commission adopted a resolution granting a Tentative Building Site Approval, Use Permit and Design Review, and WHEREAS, the Planning Commission adopted a resolution recommending that the City Council approve a Mitigated Negative Declaration of Environmental Impact grant Final Building Site Approval The City Council of the City of Saratoga hereby finds that The proposed building site is consistent with the General Plan and any applicable specific plan. The site is planned and zoned for single-family residential development. The design or improvement of the proposed building site is consistent with the General Plan and any applicable specific plan. The site is planned and zoned for single-family residential development. The site is within the Area A - Mt. Eden planning area of the City. The Plan states (Area A Guideline #7) that building sites for ne~v homes should be restricted to a 30 percent slope and geotechnical site investigations shall be conducted $ the City Engineer determined that they are necessary. The building site contains a 31.17 percent slope. Geotechnical investigations were conducted and the City Engineer issued geotechnical clearance on the site April 23, 2001. The "should" language of this guideline is advisory and not a mandate. The site was selected although there are areas of the parcel that are less than 30 percent, in order to avoid developing on more unstable areas. The geotechnical remediation identified in the geotechnical studies and required, as conditions of project approval would render the site stable for development. The mitigations would also result in alleviating the cracking in Mount Eden Road, which is caused by the geotechnical conditions on this site. Guideline # 10 states that floor levels of homes shall be stepped to conform to the natural contours of the hillside. Sheet A-1 of the architectural drawings demonstrates conformance with this mandatory guideline. Floor elevations step from 987, 991, 996 1001 to 1004. The building steps to the northeast as the site slopes to the northeast. The site is physically suitable for the type of development proposed The site is planned and zoned for one single-family residence. Infrastructure is in place to serve the site. Conformance with the geotechnical reports for the project would insure physical suitability. The reports, incorporated herein by reference are, are "Geologic and Geotechnical Investigation - 22551 Mount Eden Road" by D &z M Consulting Engineering, April 6, 2000 and "Supplemental Geologic and Geotechnical Investigation - 22551 Mount Eden Road" by D ~ M Consulting Engineering, January 10, 2001. The reports were reviewed by the City's Consulting Geologist and the site obtained geotechnical clearance from the Engineering Division on April 23, 2001 (Iveta Harvancik, City of Saratoga Associate Engineer). The report recommendations and the City conditions are included in both the iv[itigated Negative Declaration and conditions of approval for the project. The site is physically suitable for the proposed density of development The site is planned and zoned for one single-family residence. The project proposes one single- family residence and conforms as such. The design of the building site or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The Mitigated Negative Declaration documents conformance with this finding. The geotechnical remediation would improve both on and off site conditions. There is no fish habitat on the site. There are no rare, threatened or endangered species on a state or federal list. Wildlife consists of deer, skunk, possum, raccoon whose movement, foraging and migrating patterns would not be substantially affected as over 2/3rds of the site would remain in its natural condition. The design of the building site or type ofimprovements is not likely to cause serious public health or safety problems The Mitigated Negative Declaration documents conformance with this finding. The geotechnical remediation would improve both on and off site conditions. The retaining walls and slope stabilization would abort cracking of Mt. Eden Road, which is caused by the unmitigated slide and slumps on the site. The design of the building site or type or improvements would not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision or building site. The building site or improvements would not conflict with any easements. The parcel received a Certificate of Compliance with the state Subdivision Map Act and local subdivision ordinance on January :12, 2001. The site does not have any public easements recorded against the property. That a proposed subdivision of land which is subject to a contract executed pursuant to the California Land Conservation Act of 1965 (The "Williamson Act') would not result in the creation of parcels of insufficient size to sustain their agricultural use, except as otherwise provided in Government Code Section 66474.4. The site is not in Williamson Act contract nor does it involve a subdivision. This finding does not apply to the proposed project. The discharge of waste from the proposed building site into an existing community sewer system would not result in violation of existing requirements prescribed by a State regional water quality control board pursuant to Division 7(commencing with Section 13000) of the State Water Code. The project is the construction and eventual habitation of a single dwelling. Sanitary sewer is available to the site and would not result in overburdening the system capacity. NOW, THEREFORE, the City Council of the City of Saratoga does hereby grant Final Building Site Approval for the property located at 22551 Mt. Eden Road, APN 503-13-117. The above and foregoing resolution was passed and adopted at an a regular meeting of the Saratoga City Council held on March 20, 2002 on the following roll-call vote, to wit: AYES: Councilmembers Stan Bogosian, John Mehaffey, Ann Waltonsmith, Vice Mayor Evan Baker, Mayor Nick Streit NOES: None ABSENT: None ABSTAIN: None Nick Streit, Mayor TEST: at een Bo Jerk