HomeMy WebLinkAboutCity Council Resolution 91-03 91-03
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RE&OLUTION OF THE CITY COUNCIL OF THB
CITY OF 8AllTOGA UPHOLDING ll~ ADMINISTRATIVE
D~CIalON OP THE PLAN~IN~ DI~ECTO~
12240 8aratoga-Sunnyvals Road-john W. oliver
W~RZ~S, the City Council- recently adopted an ordinance
(ordinance NO 71.76) that requires owners of commercial property
to construct sound barriers up to 8 feet in height when property
lines adjoin residential uses and when, in the opinion of the
Planning Director or the Planning Commission such sound barriers
are necessary to mitigate noise or other adverse impacts of the
commercial activity upon the adjoining residential uses; and
WHEREAS, subsequent tc the effective date of the ordinance,
iD response to complaints received regarding noise and other
adverse impacts emanating from the commercial property located at
12240 Saratoga-SUnnyvale Road ("subject property'm) the Planning
Director did conduct an inspection of the subject property from
residential properties at 12258 and 12270 Kirkdale; and
WHERBAa, as a result of such inspection, the Planning
Direotor concluded that the level of noise and other adverse
impacts generated on the subject property impacted adjoining
residential properties in a manner sufficient to determine that
the sound barrier up to 8 feet in height is necessary to
construct along the property line abutting the residential uses
in order to mitigate the noise emanating from the commercial
act~;'tty on the subject property; and
WB~Faa, the determination of the Planning Director was
transmitted to the owner of the subject property via letter from
the city attorney dated August 13, 1990; and
WB]~WaS~ John W. 0liver, the owner of the subject property
has appealed the decision of the Planning Director to the City
Council; and
WH~, on January 2, 1991, the City Council heard the
appeal, at which time any person interested in the matter was
given an opportunity to be heard; and
WH~EaS, the City Council reviewed and considered the report
of the Planning Director relating to his administrative decision,
and the written and oral evidence presented to the City Council
in support of and in opposition to the appeal.
NOW, TIE~tI~ORi, be it resolved by the City Council of the
City of 8aretoga as follows:
1. The appeal from the Planning Director is hereby denied
and the decision of the Planning DireCtor is affirmed,
to wit:
Noise from barking dogs and vehicles emanating from the
subject property are at a level sufficient to support a
determination that a sound barrier consisting of a
masonry wall 8 feet in height is necessary to be
constructed along the entire length of the rear
property line, dividing the subject property from a
residential district, in order to mitigate the
aforementioned noise and o~her adverse impacts of the
commercial activities upon the adjoining residential
uses, including but not limited to: adverse visual
impacts from the parking and loading of trucks and the
outdoor storage of materials, and; odor impacts from
fumes emanating from trucks and other vehicles parked
on the subject property.
2. It is understood that the requirement to construct an 8
foot high masonry wall is in addition to any other
requirements which may be imposed upon the property
owner in order to achieve a noise level in conformshoe
with the existing noise standards as set forth in the
Code Of The City Of Saratoga, including, but not
limited to the complete enclosure of all outdoor
kennels.
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Passed and adopted at a regular meetin9 of the City Council
of the City of Saratoga held on the 16th day of January, 1991, by
the following vote:
AYES: Councilmembers, Anderson, Clovenget, Kohler, and Monia
NOES: None
A~SENTx Mayor Stut~man
ABSTAIN: None