HomeMy WebLinkAboutCity Council Resolution 07-010RE~LIJTII~N 0'T-~I a
~ LTX~~ ~~' 'I~'~' ~I~YL ~' T'~; ITS IMF
ARAT~A DENYING TIE APPEAL F A PLAN~INIi
O1VIII~1~ DEI/II~N TIC APPI~I~VE A II~~R
1V~~~I~ I ~I '~~I ~~ ~~ APPI~I~v~~D ~LA~ AT
i~~~l FI~INER AVENUE
H~1~~A, an November ~7~ ~~0~ the community Development Director
approved a rnod1~icatian to approved plans far the property at 142 1 p~inger Aven~uc
~aPproved by Plair~g ~o~.n~issian resolution ~3-~~?~ by requiring the impcrvivus
concrete walkway near the a tree to be replaced with pavers on sand and allowing the
i~.perviaus concrete al1~a~ near the olive tree to remain so long as constructed cn
grade said app~raval referenced hereafter as "Administrative Declslcn"~; and
H.~~EA~, the Ad~nlstratlve Declslon was appealed to the ~P~aing
a-n~ission in accordance with the ~it}~ ~od.e; and
~V~~~~EA, an January 1~, 20~~'a the ~~lan_nin on~rniss:ion held a duly noticed
Public fearing to consider the appeal at rlxich tune all interested parties were given a
~i~ll appartun.ity to be heard and to present evidence; and
HER~AS, the Planning on~n~issian upheld the Administrative De~iian; and
~~~1tEA~, e Appellant has append the P~,anning commission's dec:~.siar~ to the
pity Councils and
1AS, an February ~ 1, ~~7, the City Council held a duly noticed Public
fearing at v~hzch tune all Interested parti es v~ere given full opportunity to be heard and to
present evidence regarding the appeal of a Planning orr~ission decision to uphold the
Administrative Decision.;
H~REA~~ based on the evidence presented jn the staff report and at the public
hearing th.e pity Council has determined that modification authorised b~ the
Administrative Decision i s not considered material in nature to the prof ect per pity Code
section l-~~.~3~c~~, sa as to allow it to be approved by the Ca~nmunity Development
Dircctor~ and
HE~~A, the on~trtunit~ Development Director's decision is consistent v~ith
the intent of the original conditions of approval in that if includes n~eas~ures ident~fie~ ~y
professional arborist to protect trees along the property line.
~~, T~EREF~RE, BE IT RES~LV~D that the its ounc~il of the its of
Saratoga here does here~~ re~~lve follows:
After careful consideration of the staff repart, ~lann1n onunl1on re~olutlon~ and other
exhibits ~u~rnttted i r~ eonnaction with this matter and for the rea~on~ set forth above, the
appeal of the ~la~nin on~nissior~ decision is danied with the effect that the 1V~inor
ll~vdifiction to Approved Flans for 1 ~~b ~. Springar Avenue is approved consistent with
the A~~nln1~'atlve 1J~~1~~oI~,
PAEI~ ANA] AD~T~~] by th.e Saratoga pity council, state of California, this ~1~~
day of Fehruar~, X047 by the following roll call vote:
A~~: ~ouncil~nen~ber Cathleen Ding, Vice a~or Ann waltonsrr~ith,
1Vl:a~ar Aileen I~ao
N~~S: auncilrnen~bers Jill H~~~ater, shtick ~agc
ABSENT: None
ABSTAiN~: None
Approve;
Aileen Sao, a~or