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HomeMy WebLinkAboutCity Council Resolution 2007 RESOLUTION NO. 2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA REVERSING A DECISION OF THE PLANNING COMMISSION, MAKING REQUISITE FINDINGS, AND GRANTING TENTATIVE SUBDIVISION APPROVAL FOR SD-1521 WHEREAS, applicant GERALD BUTLER has applied for Tentative Subdivision Approval for eight (8) lots on a parcel of approxi- mately 12 acres located between Vickery Avenue and an extension of Lira Drive off Montalvo Road; and WHEREAS, following a public hearing on July 14, 1982, the Planning Commission of the City of Saratoga denied the applica- tion for Tentative Subdivision Approval; and WWHEREAS, the applicant appealed the Planning Commission decision to the City Council pursuant to Section 9.1 of the Saratoga Subdivision Ordinance; and WHEREAS, on August 4, 1982, the City Council held a de novo public hearing and after closing said public hearing reviewed and considered the applicant's request, staff reports, records of proceedings before the Planning Commission and other evidence, both written and oral, presented to the City Council pertaining to the application, NOW, THEREFORE, the City Council of the City of Saratoga does hereby resolve as follows: 1. The decision of the Planning Commission denying approval of SD-1521 is hereby reversed and the applicant's appeal therefrom is granted. 2. The City Council hereby makes all of the findings set forth in Exhibit "C", attached hereto and incorporated herein by this reference. 3. Having made the appropriate findings, the City Council does hereby approve the Tentative Subdivision for SD-1521, together with the staff report pertaining thereto dated June 15, 1982, as amended July 9, 1982, and revised August 4, 1982, and the Tentative Map of said Subdivision attached hereto as Exhibit "B-2" and made a part hereof. The above and foregoing Resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the l'~th day of August, 1982, by the following vote: AYES: Counc~ Fanelli and Mayor Pro Te~ Clevenger NOES: Co~%ci~ ~byles ABSENT: Councilmember Mallory and Mayor Callon Mayor, City of Sara~ga ATTEST: City Clerk EXHIBIT C FINDINGS SD-1521 1. The map, design and improvements of the proposed Subdivision comply with all of the objectives of the 1974 General Plan, and all requirements of the Zoning and Subdivision Ordinances of the City of Saratoga. The City Council finds that the creation of a cul-de-sac longer than four hundred feet (400') is the only feasible method of developing the property for the use for which it is zoned. A cul-de-sac exceeding such length is mitigated on this project by an emergency access road. 2. The housing needs of the region have been considered and have been balanced against the public service needs of its residents and available fiscal and environmental resources. 3. Appropriate conditions have been included in the Tentative Subdivision Approval for consideration of future passive or natural heating and cooling opportunities. 4. The site is physically suited for the proposed type and density of development. 5. The design and improvements of the proposed Subdivision are unlikely to cause substantial environmental damage, or substan- tially injure wildlife or their habitat, or cause serious public health problems. 6. The design and improvements of the proposed Subdivision will not conflict with public easements for access through, or use of, property within the proposed Subdivision. 7. Traffic impacts can be accommodated by the existing road system and the off site improvements required to be constructed by the subdivider. 8. The proposed Subdivision will improve the circula- tion pattern for the area by providing an emergency access between Vickery Avenue and Montalvo Road. 9. The Environmental Impact Report was certified complete by the Planning Commission on October 25, 1978, and no changes have been proposed which require important revisions or create new significant impacts upon the environment which were not considered in said report. 10. Changes or alternatives have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects thereof as identified in the completed Environmental Impact Report. 11. Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the Environmental Impact Report.