HomeMy WebLinkAboutOrdinance 290 Ordinance Adopting Develompent Agreement for 22100 Mt Eden Road 2012-04-04ORDINANCE NO. 290
AN ORDINANCE ADOPTING A DEVELOPMENT AGREEMENT FOR
22100 MT. EDEN ROAD (APN 503-09-005)
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
Section 1. Findings.
The City Council finds and declares as follows:
a. The City of Saratoga has received applications from the Couch 2010 Revocable Trust
("Owner") for Design Review approval PDR11-0010 and Conditional Use Permit
approval CUP 11-0007 subject to conditions of approval for a new two-story home and
equestrian uses, including a request for a variation from standards for excess lot coverage
and floor area on the Property associated with the horse walker area, horse corral/riding
arena, and future buildings, hardscape, and landscape at 22100 Mt. Eden Road (APN 503-
09-005). The foregoing actions are described as the "Project."
b. The Project property was previously developed with a single family dwelling, detached
garage, swimming pool, stable/barn, horse corral/riding arena, and horse walker area and
the owners have demolished the existing single family dwelling, swimming pool, and
stable/barn and will retain the existing detached garage, horse corral/riding arena, and
horse walker area;
c. Owner submitted an application for a subdivision of the Property into two lots with a
remainder parcel, but has agreed in exchange for a Development Agreement not to
subdivide the Property, and such agreement not to subdivide the property provides a
substantial benefit to the City of Saratoga and its citizens;
d. Owner has agreed to provide further benefit to the City of Saratoga by including a
Conservation Easement over approximately 4 acres of the steepest portion of the lot and
to dedicate trail easements for equestrian and pedestrian use;
e. Development of the Property in accordance with the terms of this Agreement will result
in rational comprehensive planning and foster predictability, certainty, economy and
efficiency in future land use planning;
f. The attached development agreement specifies the duration of the agreement, the
permitted uses of the property, the density or intensity of use, the maximum height and
size of proposed buildings, and provisions for reservation or dedication of land for public
purposes;
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g.
The provisions of the development agreement are consistent with the General Plan in that,
for the reasons specified in the staff report, the project is consistent with Saratoga General
Plan Land Use Goal 13 which provides that the City shall use the Design Review process
to assure that the new construction and major additions thereto are compatible with the
site and the adjacent surroundings; Open Space Element Policy 11.a which provides that
the City shall ensure that projects are designed in a manner that minimizes disruption to
important wildlife, riparian and plant habitats; and Safety Element Site and Drainage
Policy 3 which provides that the City shall require that landscaping and site drainage
plans be submitted and approved during Design Review for a residence prior to issuance
of permits; and
h. This development agreement was considered by the Planning Commission at a duly noticed
public hearing on February 8, 2012 and by the City Council at a duly noticed public hearing
on March 21, 2012.
Section 2. Adoption.
a. The City Council hereby adopts the development agreement attached hereto as Exhibit 1.
b. In accordance with Government Code section 65865.1 the parties to the development
agreement shall review the Applicant's compliance with the development agreement at least
every 12 months, at which time the Applicant, or successor in interest thereto, shall be
required to demonstrate good faith compliance with the terms of the agreement. If, as a result
of such periodic review, the City Council finds and determines, on the basis of substantial
evidence, that the Applicant or successor in interest thereto has not complied in good faith
with terms or conditions of the agreement, the City Council may terminate or modify the
agreement.
c. The structures and uses authorized by the "RESOLUTION OF THE CITY OF SARATOGA
CITY COUNCIL ADOPTING A MITIGATED NEGATIVE DECLARATION AND
APPROVING DESIGN REVIEW PDR11-0010, AND CONDITIONAL USE PERMIT
CUP 11-0007 LOCATED AT 22100 MOUNT EDEN ROAD" adopted March 21, 2012, shall
for the term of the development agreement be subject only to the rules, regulations, and
official policies governing permitted uses of the land, governing density, and governing
design, improvement, and construction standards and specifications, in force at the effective
date of this ordinance. In subsequent actions applicable to other structures or uses of the
property the City may apply new rules, regulations, and policies and may deny or
conditionally approve any subsequent development project application on the basis of such
existing or new rules, regulations, and policies.
d. In the event that state or federal laws or regulations, enacted after a development agreement
has been entered into, prevent or preclude compliance with one or more provisions of the
development agreement, such provisions of the agreement shall be modified or suspended as
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may be necessary to comply with such state or federal laws or regulations.
Section 3. Severance Clause.
The City Council declares that each section, sub -section, paragraph, sub -paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub -section,
paragraph, sub -paragraph, sentence, clause and phrase of this ordinance. If any section, sub -section,
paragraph, sub -paragraph, sentence, clause or phrase of this ordinance is held invalid, the City
Council declares that it would have adopted the remaining provisions of this ordinance irrespective
of the portion held invalid, and further declares its express intent that the remaining portions of this
ordinance should remain in effect after the invalid portion has been eliminated.
Section 4. Publication.
This ordinance, or a summary, shall be published once in a newspaper of general circulation
of the City of Saratoga within fifteen days after its adoption.
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The foregoing ordinance was introduced at the regular meeting of the City Council of the
City of Saratoga held on the 21st day of March, 2012, and was adopted by the following vote
following a second reading on the 4th of April, 2012:
AYES: Council Member Manny Cappello, Emily Lo, Howard Miller, Vice Mayor Jill
Hunter, Mayor Chuck Page
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
CrysilaX Morrow
CITY CLERK
APPROVED AS TO FORM:
Chuck Page
MAYOR, CITY OF SARATOGA, . , IFORNIA
Richard Taylor
CITY ATTORNEY
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