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HomeMy WebLinkAboutCity Council Resolution 24-012, Scenic Easement Encroachment, 21083 Comer RESOLUTION NO: 24-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING ENCROACHMENT INTO AN EXISTING SCENIC EASEMENT AT 21083 COMER DRIVE (APN 503-17-061) WHEREAS, on November 131h, 2023 an application was submitted by Katherine Anderson requesting approvals for a new accessory dwelling unit(ADU) at 21083 Comer Drive; and WHEREAS, the proposed ADU would be located within an existing scenic easement where development is prohibited unless specifically approved by the City Council of the City of Saratoga; and WHEREAS, approval of the scenic easement encroachment would allow the Community Development Department to proceed to ministerial review of the associated ADU application; and WHEREAS, the Community Development Department recommends that the City Council determine this project Categorically Exempt from the California Environmental Quality Act (CEQA); and WHEREAS, similar scenic easements in the vicinity have been modified by the City Council in the past to allow for site improvements with low visual impacts; and WHEREAS, the proposed ADU would be well screened from Comer Drive and any public viewpoints by existing vegetation and topography and would not degrade the scenic quality of the area. Construction of the ADU in the scenic easement would contribute needed housing for the community. WHEREAS, on February 21, 2024, the City Council held a duly noticed public hearing on the subject application, and considered evidence presented by City Staff, the applicant, and other interested parties. NOW THEREFORE, the City Council of the City of Saratoga hereby finds, determines, and resolves as follows: Section 1: The recitals set forth above are true and correct and incorporated herein by reference. Section 2: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303, "New Construction or Conversion of Small Structures." This exemption provides for the construction of a single-family residence and small structures, like the proposed ADU, in a residential area. Section 3: The City Council of the City of Saratoga hereby approves the scenic easement modification at 21083 Comer Dr (APN 503-17-061). Resolution 24-012 Page 2 The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 201h day of March 2024,by the following vote: AYES: COUNCIL MEMBERS FITZSIMMONS, PAGE, WALIA, VICE MAYOR AFTAB, MAYOR ZHAO NOES: NONE ABSENT: NONE ABSTAIN: NONE C132 Mayor Yan Zhao ATTEST: L&5..7r- Britt Avrit, MMC, City Clerk 1757238.1