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HomeMy WebLinkAboutCity Council Resolution 2697 RI~OLUTION NO.: 2697 RESOLUTION OF THE CITY COUNCIL OP THE CITY OF SAIATOflA REVERSING A DECISION OF THE PLAN~G COMMISSION SD-90-0.08; V-90,..028 - Elmer WHERE/IS, MARK EBNER, the applicant, has applied to the City of Saratoga for tentative subdivision map and variance approval to divide the property located at 13741 and 13755 Saratoga Avenue into two lots, respectively measuring 10,757 sq. ft. and 7,137 sq. ft. where 20,000 sq. ft. is required, such applications being identified as SD-90-008 and V-90-028; WHEREAS, on October 2, 1990, October 24, 1990 and November 14, 1990, the Planning Commission of the City of Saratoga conducted a public hearing on said applications, and following the conclusion thereof, the Planning Commission denied the applications, and WHEREAS, the applicant has appealed the decision of the Planning Commission to the City Council; and WHEREAt~, on December 5, 1990, 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 December 5, 1990, by a vote of 3-2 with Councilmembers Stutzman and Monia dissenting, did resolve as follows: 1. The appeal from the Planning Commission was upheld and the decision of the Planning Commission was reversed. 2. The City Council finds and determines that: (a) There are special circumstances applicable to the property in that two separate residences have been lawfully constructed upon a single lot prior to incorporation of the City. Both residences occupy the front portion of the lot, and each residence has independent utility service and driveway access. The existence of two separate lots is therefore suggested by the physical appearance and actual usage of the property. However, in the absence of a land division, each house cannot be separately owed. (b) Granting of a variance for site area will not constitute a grant of special privilege inconsistent with the limitations on other properties in the same zoning district in that the two residences on the property were originally developed to be used as separate, individual homes. This ease is not comparable to a second unit being located on the same site as a principal dwelling, which is typically characterized by the second unit being a smaller accessory structure situated to the rear or side of the principal dwelling. Here, both dwelling units are full size residences and the creation of a separate lot for each residence will merely allow the occupants to exercise the complete usage and ownership rights available to other property owners in the district. (e) Granting the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity in that no physical changes to the property or the improvements thereon will be made and no intensification or other change in the present use of the property will occur. 3. The City Council further finds and determines that: (a) The proposed subdivision, together with the provisions for its design and improvement, is consistent with the Saratoga General Plan in that a variance has been granted with regard to minimum lot size and the usage and existing physical condition of the property is otherwise in accordance with the policies, objectives and land use designations contained in the Gerenal Plan and applicable to this site. (b) l~one of the conditions set forth in Subsections (a) through (g) of Government Code Section 66474 exist with respect to the proposed subdivision, and tentative approval should be granted in accordance with the conditions listed below. 4. The City Council hereby approves the Negative Declaration prepared for this Project and the same is incorporated herein by reference and made a part hereof. 5. A variance for site area is hereby granted with respect to Lot 1 and Lot 2, as shown on the proposed map dated September 26, 199{}, a true copy of which is attached hereto as Exhibit '~A" and made a part hereof, and tentative subdivision map approval for said map is hereby granted, subject to the following conditions: (a) The applicant shall provide a 10 foot public utilities easement inside the property line in accordance with the requirements of P.G. & E. (b) Sanitary sewer connection shall be provided for each residence, in accordance with the standard requirements of the West Valley Sanitation District, ineluding the following: (1) Assure that the plumbing configuration meets the standards of both the Uniform Plumbing Code and the West Valley Sanitation District. (2) Assure that each of the existing residences are on separate sewering laterals. (3) Install cleanouts at the property line. (4) Check and determine backflow protective requirements and install checkvalves if required. (5) TV inspect the sewer laterals in the street to assure their hydraulic and structural soundness. (e) The applicant shall submit a parcel map to the City Engineer for checking and reeordation and pay all associated fees. Park in-lieu fees shall als.o be paid at this time. (d) At the time of recording the parcel map, the applicant shall also record a use restriction agreement, as prepared or approved by the City Attorney, limiting the total development on each Lot as follows: Lot 1 - 13741 Saratoga Ave.: 3,000 sq. ft. Lot 2 - 13755 Saratoga Ave.: 2,650 sq. ft. (e) The applicant shall sign the agreement to these conditions within 30 days of the passage of this Resolution or said Resolution shall be void. (f) All applicable requirements of the State, County, City and other governmental entities must be met. (6) The variance and tentative subdivision map approvals shall expire 24 months from December 5, 1990, in accordance with the provisions of the Saratoga Zoning and Subdivision Ordinance. Prior to such date, all conditions specified herein must be satisfied and the final parcel map must be filed with the City for recording. (7) If any building permits are required for the performance of any of the conditions specified herein, the applicant shall attach a copy of this Resolution to each set of construction plans submitted to the City Building Division when applying for such permit. 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 December, 1990, by the following vote: AYES: Counci]nembers Anderson, Clevenger, Kohler, Monia, and Mayor Stutzman' NOES: None ~, ABSENT: None Mayor' ATTEST: City Clerk THE FOREGOING CONDITIONS....AR~E HEREBY ACCEPTED, ~lieant Date: