HomeMy WebLinkAboutCity Council Resolution 02-049RESOLUTION N0.02-049
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA DENYING THE APPEAL AND UPHOLDING
THE DECISION OF THE PLANNING COMMISSION;
APPLICANT/APPELLANT POLLACK
14500 BIG BASIN WAY
WHEREAS, the City of Saratoga City Council has received an application for a
Conditional Use Permit to permit a retail frontage office use in the CH-1 District;
WHEREAS, the City Council conducted a duly noticed Public Hearing, at which
time, all interested parties were given a full opportunity to be heard and to present
evidence; and,
WHEREAS, the proposed project consisting of permitting a retail use is
Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section
15303, "New Construction or Conversion of Small Structures", Class 3 (c) of the Public
Resources Code (CEQA); and,
WHEREAS, the City Council finds that the findings required within Section 15-
55.070 of the City Code cannot be made in the affirmative in that:
1. The proposed location of the real estate office is not in accord with the objectives of
the Zoning Ordinance since this ordinance promotes retail and service uses along the
Big Basin Way streetscape.
2. That the proposed location of the real estate office and the conditions under which it
would be operated or maintained would be detrimental to the public welfare in that
it would lessen the long term commercial vitality of the Big Basin Way streetscape.
3. That the proposed conditional use will not comply with the provisions of the
Saratoga Municipal Code since the Code discourages office and professional uses
along the Big Basin Way streetscape.
NOW, THEREFORE BE IT RESOLVED BX THE City Council of the City of Saratoga
does hereby resolve as follows:
Section 1. After careful consideration of the site plan and other exhibits
submitted in connection with this matter, the application for Conditional Use Permit is
hereby denied due to failure of the proposed use to meet the findings necessary for
granting approval.
CITY ATTORNEY
Applicant agrees to hold City harmless from all costs and expenses, including
attorney's fees, incurred by the City or held to be the liability of City in
connection with City's defense of its actions in any proceeding brought in any
State or Federal Court, challenging the City's action with respect to the
applicant's project.
PASSED AND ADOPTED by the City of Saratoga City Council, State of
California, this 19th day of June 2002 by the following roll call vote:
AYES: Councilmembers Stan Bogosian, John Mehaffey, Ann Waltonsmith
Vice Mayor Evan Baker, Mayor Nick Streit
NOES: None
ABSENT: None
ABSTAIN: None
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Nick Streit, Mayor
ATTEST:
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