HomeMy WebLinkAboutCity Council Resolution 2563 ItSSOLUTION NO.: 2563
R]~OLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA UPHOLDING A DECISION OF
THE PLANNING COMMI88ION
WHEREAS, SMILIA MAYNARD, the applicant, has applied to the City of
Saratoga for tentative subdivision approval to divide the property located at 19330
Saratoga-Los Gatos Road into two lots, such application being identified as SD-88-018,
and
WHEREAS, on January 11, 1989, the Planning Commission of the City of
Saratoga conducted a public hearing on said application, and following the conclusion
thereof, the Planning Commission denied the application; and
WHEREAS, the applicant has appealed the decision of the Planning
Commission to the City Council; and
WHEREAS, on April 5, 1989, the City Council conducted a de novo review
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 April 5, 1989, by a vote of 4-0 with Councilmember Anderson absent, did
resolve as follows:
1. The appeal from the decision of the Planning Commission was denied
and the decision of the Planning Commission was affirmed.
2. The City Council agreed with the conclusions set forth in the Staff
Report to the Planning Commission dated February 8, 1989, and the
same is incorporated herein by reference. The Council specifically
found and determined that the site was not physically suitable for the
proposed density of development and substantial environmental
damage was likely to be caused, in that:
(a) The proposed subdivision was inconsistent and incompatible
with the established density pattern of lots adjacent to the site.
(b) The bridge required for access to the proposed lot will cause
substantial alteration and damage to the riparian habitat.
(c) The proposed subdivision is virtually identical to the
applications rejected by the Council in 1988 and 1985, except
for the avoidance of a variance through a voluntary dedication
of an easement to the Santa Clara Valley Water District. This
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technicality does not change the physical characteristics of the
proposed lot, which the Council has previously found to be
unsuitable for development. Although the dedication may
result in compliance with the letter of the law, the proposal
violates the purpose and intent of the subdivision and zoning
regulations.
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 19th day of April,
1989, by the following vote:
AYES: CouncilFe~3ers Clevenger~ FDyles, Peterson, Stutzman, and Mayor Anderson
NOES: None
ABSENT: None ~/~, ~~~,~_
May~
City Clerk ~
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