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HomeMy WebLinkAboutCity Council Resolution 135 P,~SOLUTION ~0. RESOLUTI(~ RE POLICY ON RETAINING NATURAL S, WHEREAS, one of the primary motivating factors behind the creation of this City was to retain and preserve the natural beauty and rural atmosphere of the Saratoga community, and in furthering that purpose the City of Saratoga is desirous of firmly establishing its policy of retaining the natural geo~raDhical location of existing creeks and Streams located within this City, together with their attendant trees and other natural ~rowth and natural landscapingj and ~HE~EAS, it is repugnant to this poitcy that any creek or stream within this City be realigned, or planned for future realignment~ for any pur- pose :other than the prevention of serious flood probiems, and ~WH~AS, it appears to this Council that there is a .~rowin~ tendency amongst subdividers and developers in this area to cause~ or attempt to cause, the realignment of certain creeks and streams for the purpose of securing utilization of additional land for building sites and lots rather than for any true flood control problems, N~'~, IBBREFO~E, The City Council of the City of Saratoga hereby resolves as follows: Section 1: It is the established policy of this City to prohibit the ............................. realignment of natural creeks and streams in all cases of land development , save and except where in the professional opinion of the Hngineers of the Santa Clara County Flood Control and !~ater Conservation District such realignment is in writing to this City declared to be essential to prevent flood water damage to persons or property. Section 2: The Planning Conuission of the City of Saratoga is hereby requested ............ ' and directed to require, as additional data with all preliminary and tentative subdivision maps j that the existence and ~eopTaphical location of all natural creeks and streams be sho~m and delineated thereon, together with such date as to sho~z the to~ of existing banks and creek depth, and ou all tentative maps said natural creeks and streams shall be shown in cross- section. Section ~: The Plaming Commission of this City is hereby requested and I_~- ....... .... directed, in its capacity as advisory agency under the local planning laws~ and in the exercise of its jurisdiction in such capacity in controlling the design and improvement of subdivisions and building sites, not to approve any tentative map or tentative site approval wherein any creek or stream is to be ~ealigned~ unless and until a written directire as heroinabove set forth is received by sai.d Planning Commission from the Santa Clara County Flood Control a~t Water C~m~erv2~ian District settin~ forth the opinion of its Bugineer$ that a serious ~lood control problem exists requiring realignment for its correction, as mo~e particularly he~einabove set forth. Section a: The Santa Clara County Flood Control and ~later Conservation .... " District, t~e City EnZineer of this City (presently the Santa Clara County Engineer pursuant to contract) and all other governmental a~encies are hereby requested by this City ~o conform to the above set forth policy+ and not to request or direct creek or stream realignment unless the same comes within this announced policy of this City.~ Section 5: The City Clerk is hereby requested and directed to forward a ............. certified copy of this resolution to the Santa Clara County Plood Control and water Conservation District, the Santa Clara County En~ineer's office, and the Plarmin~ Cors~ission of this City, and is further requested and directed to furnish regular copies of this resolution to all officers, aEents~ employees, and independent contractin~ local a~.encies with this City who have any authority~ advisory or otherwise, concerning the desiKn and improvement of subdivisions and/or the solution of flood control problems within this City's limits. The above and foregoin~ resolution was rep~ilarly introduced and adopted by the City Council of the City o~ Saratoga at a regular meetin~ o£ said CounCil held on the 7th day of October , 1962, by the following vote: AYES: Brazil, }dartman+ Ritchie NOES: None AB~NT: Drake, Glennon. ATI~ST: