HomeMy WebLinkAboutCity Council Resolution 2497 RESOLUTION N O.: 2 4 9 7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA REYERSING A DECISION OF THE PLANNING
COMMISSION
WHEREAS, ANTHONY COCCIARDI, the applicant, has applied to the City
of Saratoga for approval of a 5 lot subdivision of 52.5 acres of land designated as APN
No. 503-12-024 and APN No. 503-12-925, four of such lots comprising 21o5 acres to be
developed with single family homes and the fifth lot comprised of 31 acres to remain
under Williamson Act Contract, such application being identified as SD-87-008, and !~?.i::=:i
WHEREAS, on April 27, 1988, and May 11, 1988, the Planning Commission
of the City of Saratoga conducted a public hearing on said application, and following
the conclusion thereof, the Planning Commission approved the application; and
WHEREAS, a group of persons residing in the area has appealed the
decision of the Planning Commission to the City Council on the ground that an
Environmental Impact Report for the 21.5 acre subdivision development should be
prepared; and
WHEREAS, on June 15, 1988, the City Council conducted a de novo public
hearing on the appeal, at which time any person interested in the matter was given an
opportunity to be heard; and
WHEREAS, the City Council reviewed and considered the staff reports,
minutes of proceedings conducted by the Planning Commission relating to said
application, and the written and oral evidence presented to the City Council in support
of and in opposition to the appeal,
NOW, THEREFORE, the City Council of the City of Saratoga, at its
meeting on June 15, 1988, by a vote of 4-1 with Councilmember Hlava dissenting, did
resolve as follows:
1o The appeal from the Planning Commission was upheld and the
decision of the Planning Commission was reversed.
2. The City Council found and determined that an Environmental Impact
Report for the division of 21.5 acres into 4 single family residential
lots should be prepared for the following reasons:
(a) The project is being constructed within a hillside area of the
City which has potential geotechnic problems. Although a
preliminary geotechnic study of the site was performed, this
study was made prior to modification of the site as a result of
the Quarry Creek/Quarry Road repair project. An updated
investigation therefore is appropriate.
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(b) Concerns have been expressed relative to drainage from ~he
site into the newly constructed Quarry Creek drainage
facilities. An Environmental Impact Report will help to address
these concerns.
(c) The information provided by an Environmental Impact Report
should assist in the establishment of mitigation measures to
reduce the impact of work previously performed on the site and
any impact of the project itself, including such matters as
restoration of the natural terrain and landscaping in open space
areas.
3. The application was remanded to the Planning Commission with the
following instructions:
(a) An Environmental Impact Report for tile division of 21.5 acres
into 4 single family residential lots shah be prepared, reviewed
and subject to approval by the Planning Commission in
accordance with CEQA guidelines and procedures.
(b) The tentative subdivision map approval granted by the Planning
Commission on May ll, 1988, is reversed. The project shall
require a new tentative approval, following an approval by the
Planning Commission of the EIR, and taking into account such
information as the EIR may disclose.
(c) Any new tentative subdivision map approval granted by the
Planning Commission shah include the following conditions:
(1) That each of the four homes shall require design review
approval by the Planning Commission.
(2) Because drainage from the site flows into the Quarry
Creek drainage facility, the construction of such facility
shall be substantially completed before final map approval
is granted.
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 6th day of July, I988,
by the following vote:
AYES: Anderson, Clevenger, Moyles, Peterson, Stutzman
NOES: None
ABSENT: None
ATTEST:
City Clerk
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