HomeMy WebLinkAboutCity Council Resolution 91-21 RESOLUTION NO. 91-21
- RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA GRANTING APPEAL FROM
DECISION OF THE PLANNING COMMISSION
UP-90-003-PENINSULA TOWNHOES
WHEREAS, Peninsula Townhomes, the applicant, has applied to
the City of Saratoga for use permit approval to construct a 26-
unit multi-family townhome development within a Commercial
Visitor (C-V) zone district upon an existing lot of record
located at 12297 Saratoga-Sunnyvale Road, such application being
identified as UP-90-O03; and
WHEREAS, on December 12, 1990, 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 by reason of an evenly split
vote of the Commission and subsequent appeal of that vote by the
applicant, thereby deeming the split vote a final denial; and
WHEREAS, on February 6, 1991, the City Council conducted a
de novo 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; and
WHEREAS, the City Council has received and considered the
Negative Declaration prepared for this project in accordance with
the currently applicable provisions of CEQA; and
WHEREAS, the applicant has met the burden of proof required
to support the application, and the City Council makes the
following findings:
(a) That the proposed multi-family development is in accord
with the objectives of the Zoning Ordinance and the purposes of
the district in which the site is located.
(b) That the proposed multi-family development and the
conditions under which it would be operated or maintained will
not be detrimental to the public health, safety or welfare,
materially injurious to properties or improvements in the
vicinity in that appropriate conditions have been placed on the
project to minimize potential impacts.
(c) That the proposed multi-family development will comply
with each of the applicable provisions of Chapter 15 of the
saratocja City Code.
O NOW, THEREFORE, be it re~olved by the City Council of the
Ci~y~of Saratoqa as follows:
1. The appeal £rom the Planning Commission' is hereby
9r~nted and ~he decision of the Planning Commission is reversed~
and.the application of Peninsula Tovnhome~ for use permit
~pproval is hereby granted subject to the fo~.lowin~ conditions:
(1) All conditions of the Council Resolution approvin~
DR-90-034 shall apply.
(2) Xpplicant shall sign the a~reement to these
· ~onditions ~ithin 30 days of the passaqs of this
resolution or said resolution shall be void.
(~) Construction must be commenced within 24 months er
a~rovml ~il~ e~ire.
(4) ~11 applicable retirements o~ the State, County,
City and o~er ~ver~ental-entities must be m~.
Passed and adopted at a regular meeting of the City Council
of the City of 8~ra~oga held on the . 6th ,, day of March
1992, by the following vote$
AYES~ Counci]membe~ARderson, Clevenger, Kohl er, Moni a, and Mayor Stutzman
NOES:
· -:Z
A~SENT: None
ABSTAIN z