HomeMy WebLinkAboutCity Council Resolution 2060 RESOLUTION NO. 2060
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-1~89, AND DENYING TENTATIVE SUBDIVISION
APPROVAL FOR SD-I,505 AND SD-1531
WHEREAS, applicant WILSON DEVELOPMENT COMPANY has applied for
Tentative Subdivision Approval on SD-1531 for nine (9) lots on a parcel of
approximately t~ acres located on Saratoga/Sunnyvale Road and from an extension of
Tricia Way off of Regan Lane; and
WHEREAS, following a public hearing closed on 3anuary 26, 1983, the Planning
Commission of the City of Saratoga denied the application for Tentative Subdivision
Approval; and
WHEREAS, the Applicant appealed the Planning Commission decision to the
City Council pursuant to Section 9.1 of the Saratoga Subdivision Ordinance; and
WHEREAS, on March 2, 1983, the City Council held a de novo public hearing
and determined to continue the public hearing on this subdivision; and
WHEREAS, on April 6, 1983, a motion was made, voted on and passed to
reconsider the previous denial by the City Council of the appeals by the applicant
from the Planning Commission prior denials for SD-1~89 and SD-1505; and
WHEREAS, on May t/, 1983, the City Council resumed the continued de novo
public hearing on SD-1531, reconsidered the Tentative Maps for SD-1~89 and SD-
1~05, considered, in concept, 3 additional maps submitted by neighbors and
developer for the site and considered the Applicant's request, staff reports, records
and proceedings before the Planning Commission and other evidence, both written
and oral by members of the public, presented to the City Council pertaining to the
application,
WHEREAS, following the close of the Public Hearing on May t~, 1983, the
Council, by a vote of ::? to 1, voted to adopt the Negative Declaration for SD-It~89
and to approve, upon reconsideration, the Tentative Subdivision Map for SD-14g9
with additional conditions, and staff was directed to prepare and return to the
Council a written resolution and findings in accordance with these decisions.
NOW, THEREFORE, the City Council of the City of Saratoga did on May
1983, resolve as follows:
I. The Negative Declaration for SD-It~89 dated April 10, 1981, was
approved and adopted.
2. The decisions of the Planning Commission and City Council denying
approval of SD-It~89 were reversed and the applican~'s appeal therefrom
was granted.
3. The City Council made all of the findings set forth in Exhibit "C",
attached hereto and incorporated herein by this reference.
Having made the appropriate findings, the City Council thereafter
approved the Tentative Subdivision Map for SD-I~g9 subject to the
conditions contained in the staff report pertaining to SD-I~g9 dated May
g, 19g l, as amended, plus the following additional conditions:
(a) Two (2) of the ten (10) lots being combined into a single lot.
(b) No two-story structures being constructed on any lot.
(c) A four foot (4') landscaping easement shall be established adjacent
to the pedestrian easement.
5. The decisions of the Planning Commission and City Council denying
approval of SD-1505 were affirmed and the applicant's appeal therefrom
was denied.
6. The decision of the Planning Commission denying approval of SD-1531
was affirmed and the applicant's appeal therefrom was denied.
The above and foregoing resolution was passsed and adopted at a regular
meeting of the City Council of the City of Saratoga held on the 18th day of
May , 1983, by the following vote:
AYES: Councilmembers Clevenger, Mallory and Moyles
NOES: }~yor Callon
ABSENTNone
ABSTAIN: Fanelli
Mayor
ATTEST:
EXHIBIT "C"
FINDINGS
SD-1489
1. The map, design and improvements of the proposed Subdivision comply'
with all of the objectives of the 1974 General Plan, as amended, and all re-
quirements of the Zoning and SubdivisiOn Ordinances of the City of Saratoga.
The City Council finds that, because all of the proposals submitted have a
cut-de-sac length which exceeds 400 feet in length and because of the traffic
safety hazards of access off of Saratoga/Sunnyvale Road, the only feasible
method of developing the property for the use for which it is zoned involves
the creation of a cul-de-sac longer than four hundred feet (400'). 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 of density of
development.
5. 'The design and improvements of the proposed Subdivision are unlikely
to cause substantial environmental damage, or substantially 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 accomodated by the existing road system and the
improvements required to be constructed by the subdivider. An additional inter-
section onto Saratoga/Sunnyvale Road is determined to be unsafe and access via
an extension of Tricia Way is safe.
8. The proposed Subdivision will improve the circulation pattern for the
area by providing an emergency access between Tricia Way and Saratoga/Sunnyvale
Road.