HomeMy WebLinkAboutCity Council Resolution 08-057RESOLUTION No. 08-057
Application No. 03-259
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ADOPTING A MITIGATED NEGATIVE DECLARATION
Saint Archangel Michael Serbian Orthodox Church
18870 Allendale Avenue
WHEREAS the City of Saratoga Community Development Department received an
application for Design Review Approval, modification of a Conditional Use Permit and a request
for Variation from Standards (increased structure height, increased site coverage, and a reduction
in the required number of off-street parking spaces) for the construction of a new Church building
for Saint Archangel Michael Serbian Church in the R-1-40,000 zone district. The Church building
will be approximately 3,994 square feet in size and the maximum height of the new buildings will
not exceed 50 feet (referred to hereinafter as the "Project"); and
WHEREAS an Initial Study (IS) and Mitigated Negative Declaration (MND) were
prepared for the Project by the City of Saratoga, pursuant to the requirements of the California
Environmental Quality Act (CEQA, Public Resources Code sections 21000-21177), CEQA
Guidelines, and any other applicable requirements; and
WHEREAS the IS and a notice of intent to adopt a MND were circulated fora 30-day
public review period from March 25 -April 25, 2008; and
WHEREAS, all Interested Parties desiring to comment on the MND were given the
opportunity to submit written and oral comments on the adequacy of the MND up to and including
the close of the de novo Public Hearing on Application No. 03-259 before the City Council on
September 17, 2008; and
WHEREAS, the City Council has reviewed the IS and MND and determined that there is no
substantial evidence, in light of the whole record, that the project as mitigated may have a significant
effect on the environment; and
WHEREAS, the IS and MND represents the City's independent judgment and
analysis; and
WHEREAS, on September 17, 2008 the City Council conducted a Public Hearing, on the
adequacy of the MND at which oral and written comments and a staff recommendation for
approval of the MND were presented to the City Council. The City Council has reviewed and
considered the information in the IS and MND, public and agency comments on the IS and MND,
the administrative record, and Staff Reports for completeness and compliance with CEQA, the
CEQA Guidelines, and any and all other applicable requirements; and
WHEREAS, pursuant to CEQA and CEQA Guidelines, the City Council finds on the
basis of, and after review of, the whole record before it (including the Initial Study, the Mitigated
Negative Declaration and any comments received), that there is no substantial evidence that the
project as mitigated will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby makes the
following findings:
1. All meetings and hearings on the MND were conducted in compliance with law
and all actions taken were in compliance with CEQA, the CEQA Guidelines and any and all other
applicable requirements; and
2. All Interested Parties desiring to comment on the IS and MND were given the
opportunity to submit written and/or oral comments on the adequacy of the IS and MND prior to
approval thereof by the City Council; and
3. All comments on the IS and MND raised during the public and agency comment
period and at the public hearings on the Project were considered by the City; and
4. The City Council was presented with and/or had opportunity to review all of the
information in the administrative record; and
5. The MND has been completed in compliance with the intent and requirements of
CEQA, CEQA Guidelines and any and all other applicable requirements, and the MND represents
the City Council's independent judgment and analysis. The City Council has considered the
information contained in the MND and the record in considering the Project and related actions;
and
6. Mitigation measures as listed in the MND have been incorporated in the conditions
of approval for the Project, and a Mitigation Monitoring Plan ("MMP"), which has been attached
to this document, has been prepared for the Project, and the City Council has reviewed the MMP,
finds it legally adequate, and in order to ensure compliance hereby adopts said MMP for reporting
on or monitoring the changes which it has either required in the project or made a condition of
approval to mitigate or avoid significant environmental effects; and
7. Based on the entire record of this matter, there is no substantial evidence that the
Project as revised and mitigated may have a significant effect on the environment; and
8. The documents constituting the record of proceedings upon which this decision is
based are located in the City of Saratoga Department of Community Development and are
maintained by the Director of that Department.
NOW, THEREFORE BE IT FURTHER RESOLVED that the City Council hereby
adopts the Mitigated Negative Declaration for the Project, which was presented to the City
Council on September 17, 2008 and circulated fora 30-day public review period from March 25 -
Apri125, 2008.
PASSED AND ADOPTED by the City Council of the City of Saratoga, this 17th day of
September, 2008, by the following vote:
AYES: Councilmember Aileen Kao, Jill Hunter, Kathleen King, Vice Mayor Chuck Page,
Mayor Ann Waltonsmith
NOES: None
ABSENT: None
ABSTAIN: None
~~ ~ .
Ann Waltonsmith
Mayor
ATTEST:
livan
Acting City Clerk