HomeMy WebLinkAboutCity Council Resolution 503 RESOLUTION NO. 503
RESOLUTION ON APPEAL FROM PLANNING COMMISSION DECISION
WHEREAS, the City of Saratoga Planning Commission has heretofore denied
the Use Permit application of George W. Day for a mod~l home sales office on
E1
the corner of FaNell Avenue and/Puente Way, which action has been appealed
to, and a hearing on appeal held thereon by, the Saratoga City Council, in
accord with Ordiance NS-3 of said City, and
WHEREAS, a hearing de novo was not held on said action, and
WHEREAS, it appears that there was not substantial evidence presented to
the Planning Commission on which it based its decision, and by that reason of
the foregoing it appears just and equitable that said decision be reversed,
NOW, THEREFORE BE IT RESOLVED:
1. The decision of .~he Planning Commission is hereby reversed, and Applicant
is hereby granted a Use Permit for a model home sales office, subject to
each of the following conditions:
See attached Exhibit "~'
all of which conditions are referred to and incorporated herein be
reference.
2. The report of findings of this Council on review, substantiated by the
evidence presented to the Planning Commission, is attached hereto as
Exhibit "B", and incorporated herein by reference.
See Exhibit "B" attached here to and incorporated herein by
reference.
Passed and adopted by the City Council of the City of Saratoga this 1st
day of October ....... , 1969, by the following roll call vote:
AYES: Councilmen ~yler, D~yer, Sanders, Smith
NOES: Non e
L ......
Ci~ CLERK
E~{IBIT A
CONDITIONS OF CITY COI~]CtL RE:qOLUTION REVERSING ACTION OF
THE PLANNING CO~SSI. ON AND GRANTING TIlE ~[ODEL HD!.~ SALE~
(1) No Real Estate Sales or negotiations shall be conducted
from the site other than those exclus.tvely for properties
located %~ithin the subject subdivision Tract #454g.
(2) No use of the premises as a construction yard, or for the
storage of any materials, equipment, or supplies,
(3) No Administrative or Engineering functions shall be conducted
from the site,
(4) Illumination of the premises shall be limited to that which..
is comparable to a private residence.
(5) Hours of operation for this Sales Office shall be daily
between 10:00 A. M, until sunset only.
(6) This Use Permit shall be valid for one year from the effective
date of approval, or until all 20 lots are sold, whichever occurs
sooner.
(7) Provide adequate off street parking for emOloyees and customers.
(8) For the duration of the Use Permit, parking is prohibited on
Farwell Avenue along the frontage of this site.
(9) No use of sales office until pavement completed on FaT,~el].
Avenue~ l.,Tild Oak ~4ay and E1 Puente :.~ay. Effective date of a. pDroval
will be date of completion of pavement and opening o::f sales office.
(10) Applicant shall post with City, and at all times keep in force and
effect, a cash or surety bond in the sum of not less than $2500.00,
insuring compliance ~ith each of the foregoing conditions, and upon
violation of any such condition, the face amount thereof shall
forthwith be paid to the City for use in enforcing compliance and
sharing any such violations~ including such costs and attorney
fees as may be incurred in enforcing the same.
REPORT OF FINDINGS IN CONNECTION WITH UP-169 - GEORGE W. DAY - MODEL HOME SALES OFFICE
EXHIBIT "B" IN ACCORDANCE WITH SECTION 16.6 OF ORDINANCE NS-3
a) That the proposed location of the conditional use is in accord with the
objectives of the zoning ordinance and the purposes of the district in
which the site is located, and
b) That the proposed location of the conditional use and the conditions under
which it would be operated or maintained will not be detrimental to the
public health, safety or welfare, or materially injurious to properties
or improvements in the vicinity, and
c) That the proposed conditional use will comply with each of the applicable
provisions of this ordinance, so long as all of the condi~ons set forth on
Exhibit "A: hereof are strictly complied with.