HomeMy WebLinkAboutCity Council Resolution 2551 RI~OLUTION NO. 2551
RESOLUTION Ol~ THE CITY COUNCIL O1~ THE
CITY O1~ SARATOGA UPHOLDING AND
MODIFYING A DEC[SION Ot~ THE PLANNING
COMMISSION
WHEREAS, RALPH SAVIANO, the applicant, has applied to the City of
Saratoga for tentative subdivision approval to divide the property located at 13502
Pierce Road into 3 lots, such application being identified as SD-88-006, and
WHEREAS, on October 12, 1988, and October 26, 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, the Pierce Canyon Homeowners Association has appealed the
decision of the Planning Commission to the City Council; and
WHEREAS, on December 7, 1988, and January 4, 1989, 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, following the conclusion of the public hearing on January 4,
1989, the City Council referred the matter back to the Planning Commission to
consider certain issues raised by the appeal and render a report thereon to the City
Council; and
WHEREAS, the Planning Commission reviewed and discussed such issues at
its regular meeting on January 11, 1989, and on February 8, 1989, the Commission
approved the form and content of a report to the City Council; and
WHEREAS, the City Council conducted a further public hearing on
February 15, 1989, at which time any person desiring to comment on the report from
the Planning Commission was given the opportunity to be heard; and
WHEREAS, the City Council has duly considered the staff reports, minutes
of proceedings conducted by the Planning Commission relating to said application, the
Report from the Planning Commission dated February 8, 1989, 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 February 15, 1989, by a vote of 4-1 with Councilmember Stutzman
dissenting, did resolve as follows:
1. The appeal from the Planning Commission was denied and the
decision of the Planning Commission was affirmed and modified as
set forth below.
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2. The City Council was able to make the findings for the granting of
tentative subdivision map approval, as discussed in the Staff Reports
to the Planning Commission dated October 12, 1988, and
October 26, 1988, and as set forth in Resolution No. SD-88-006
adopted by the Planning Commission on October 26, 1988, and such
staff reports and resolution are incorporated herein by reference. In
addition, the City Council agreed with the determinations and
conclusions of the Planning Commission as contained in its Report to
the City Council dated February 8, 1989, and such Report is hereby
adopted, approved and incorporated herein by reference.
3. The following conditions of tentative map approval listed in
Resolution No. SD-88-1~06 adopted by the Planning Commission are
modified:
(a) Condition No. 16 is modified to read as follows:
"16. Replace bridge over Calabazas Creek at Chalet Clotilde
Drive. New bridge to have 26 foot wide travel section
and 4 foot wide pedestrian way. One tree can be
removed. The City shall enter into a reimbursement
agreement with the applicant providing for the cost of
such new bridge to be collected on a pro-rata basis from
property owners constructing future single family
residences whose occupants will utilize this portion of
Pierce Road as a means of access. The amounts collected
shall be paid to the applicant upon receipt by the City.
The reimbursement agreement shall remain in force for a
term of 1D years and shall contain such other terms and
provisions, inculding the specific method of allocating
cost, as determined by the Planning Director and the City
Attorney."
(b) Condition No. 20-g is modified to read as follows:
,rg. Perform necessary work to control the landslide areas on
the site as recommended by the City Geologist. Such
work must be completed before final subdivision map
approval can be granted, and no final map approval will be
granted until the City Geologist has furnished a written
confirmation to the City that by reason of the landslide
control work, the area has been reclassified from "Md" to
"Pd" or better. If requested by the adjacent property
owner, the applicant shall grant to such owner a license to
enter the applieant's property for the purpose of
performing landslide control work to stabilize the
residence of the adjacent property owner."
The above and foregoing resolution was passed and adopted at a regular
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meeting of the City Council of the City of Saratoga held on the 1st day of March 1989,
by the following vote:
AYES: Councils Clevenger, MDyles, Peterson and Mayor Anderson
NOES: Councilmember Stutzman
ABSENT: None
Ci~ merk t~f
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