Loading...
HomeMy WebLinkAboutCity Council Resolution 810USE [~IT ......... ' FILE NO: U[...}15 RESOLUTION NO: 810 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING TERMS AND CONDITIONS OF UP-SiS RE: Rodoni Contracting and Storage Yard WttEREAS, pursuant to application therefore, on November 22, 1976, the Saratoga Planning Con~nission granted a Conditional Use Permit to LILLIAN RODONI, property owner, to allow the continuation of the hereinafter des- cribed use, and thereafter appeal therefrom was made to the Saratoga City Council by the applicant and upon request therefore, a hearing was granted, noticed and held on said appeal; and WHEREAS, on said appeal evidence was presented and testimony heard, and applicants have met their burden of proof required to substantiate the here- inafter setforth use permit in accord with, and subject to, the condition hereof; NOW, THEREFORE, BE IT RESOLVED that after careful consideration of the testimony, maps, facts, exhibits and other evidence submitted in this matter, the application for the Use Permit be, and the same is hereby grailted :for the term, and subject to all conditions and provisions as setforth on Exhibit "A" hereof. BE IT FURTHER RESOLVED that the Report of Findings attached hereto as Exhibit "B" be approved and adopted, and that the clerk be, and is hereby directed to notify the parties affected by this decision. PASSED AND ADOPTED by the Saratoga City Council, State of California, this_,lZj21_day of April , 1977, by the following vote: AYES: Councilmen Bridges, Brigham, Matteoni, Corr NOES: Councilman Kraus ABSENT: None MAYOR, City of Saratoga City Clerk EXHIBIT "A" Terms and Conditions of Use Permit UP-315 Said Use Permit is to allow the continuation of the present noneconforming use of a commercial storage yard and contracting business at 14038 Saratoga- Sunnyvale Road, pursuant to Section 15.3 of Ordinance NS-3 as amended, for the duration of the exclusive occupancy of LILLIAN RODONI, subject to compliance with the following conditions: 1) All non-conforming commercial uses conducted on the s~te shall be discontinued within ten years from November 19, 1975. 2) Existing chemical toilet shall be removed w~thin 30 days of this permit. Future sanitary facilities if any, shall be connected to sanitary sewer. 3) All storage on the site shall be confined w~thin the present storage shed and warehouse structure. No outdoor storage ~s allowed, except incidental items from time-to-time of such materials as culvert pipe, railroad ties, lumber, neatly stacked and not exceeding 4 feet in height. 4) The office trailer, other vehicles, miscellaneous equipment and other materials shall be removed from the site or enclosed w~thin the existing shed and warehouse by May 30, 1977. 5) The underground petroleum tanks must be bought up to County Fire District standards. If said tanks are not in use or have been abondoned for more than 90 days the owner shall cause them to be removed from the site. 6) Upon compliance with conditions 3, 4 and 5 the owner shall contact the County Fire Marshall and have the site and buildings jnspected for compliance with all County fire codes. 7) The property shall at all times, during the term of this use permit, be maintained in a safe clean and trash free condition. 8) At such time as the "Reid Lane" cul-de-sac is completed and accepted the entire street frontage, including Saratoga-Sunnyvale Road, abut- ting this site shall be subject to the following improvements. a. Landscaping and accompanying irrigation of the frontage area behind the fence shall be submitted to the Planning Commission staff. Landscaping shall be sufficient to adequately screen storage facilities from public view, and additionally, be of such species that it will within a reasonable period of time cover the fence. b. Plans for such landscaping shall be submitted for Planning Department approval by May 30, 1977. EXEBIT i'A" Page 2 c. Maintenance of such landscaping shall be the permanent responsibility of the o~ner (Rodoni) and secured by a reconded landscape maintenance agreement approved by the City. d. These improvements shall be installed and permanently maintained in a satisfactory manner by the ovner. Said improvements shall be completed in acceptable form no later than July 31, 1977. 9) The City Code Enforcement Officer, under direction of the City Planning Connnission, shall from time to time throughout the term of this use permit, ntg__ke, without advance notice, periodic inspect- ions of the site and its operation to assure compliance with the terms and conditions of this use permit. The City of Saratoga Planning Con~.ission shall retain continuing juris- diction over the Use Permit herein granted and the right is reserved to, from time to time, modify, delete or make additions to any or all of the conditions thereto or to terminate or extend the Use Permit either on its own motion or on the application of the applicant, in order to preserve a substantial right of the applicant or to preserve the health, safety, morals, conveience or welfare of persons residing or working in surrounding areas, or to preserve existing or prospective values of property and improvements, or to prevent a public nuisance. No modifications, deletion or addition to any of the condit- ions hereof, nor any termination of said Use Permit, may be made without a prior noticed public hearing, with notice given in the same manner as required for the original Use Permit. With the exception of the change in the time limits, and housing require- ments otherwise applicable by virtue of Section 15.9(c) or Ordinance NS-3 nothing herein contained shall in any manner release or relieve the permittee from compliance with and being subject to, all of the other regulations and provisions of Article 15 of said Ordinance NS-3 relating to non-csnforming uses.