HomeMy WebLinkAboutCity Council Resolution 92-027
RESOLUTION NO. Q?-O?7
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA GRANTING AN APPEAL FROM
THE DECISION OF THE PLANNING COMMISSION
SM-91-008- MCCORMICK, ET AL;
TOLL GATE ROAD/QUAIL RIDGE COURT
WHEREAS, the property owners in the Quail Ridge Subdivision,
the applicants, have applied for site modification approval to
construct an electrically controlled private drive access gate;
and;
WHEREAS, on January 22, 1992, the Planning Commission of the
city of saratoga held a duly noticed public hearing on said
application at which time all interested parties were given a
full opportunity to be heard and to present evidence and
following the conclusion thereof the Planning Commission, voted
to deny the site modification request for the access gate; and
WHEREAS, applicants have appealed the denial of the Planning
Commission to the city Council; and
WHEREAS, on April 15, 1992, the City Council conducted a de
novo public hearing on the appeal at which time any person
interested in the matter was given a full opportunity to be
heard; and
WHEREAS, the City Council reviewed and considered the staff
report, minutes of proceedings conducted by the commission
relating to the application, and the written and oral evidence
presented to the City council in support of and in opposition to
the appeal.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Saratoga as follows:
1. By split vote of the City Council (with Councilmembers
Monia and Stutzman voting in opposition) approving the site
modification request for the access gate, the appeal from the
Planning Commission is hereby granted to wit: the applicant has
met the burden of proof required to support the application for
the access gate and the following findings have been determined:
a. The proposed improvements are consistent with the
general plan;
b. The site is physically suitable for the type of
development proposed;
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c. The design of the proposed improvements is
unlikely to cause substantial environmental damage, or serious
public health and safety problems;
d. The design and type of improvements proposed will
not conflict with any public easements, since encroachment
permits will be required for the public service easements in
question; and
e. The proposal causes no impact on Williamson Act
parcels, nor will it result in a significant discharge of waste
which would violate requirements of the state Regional Water
Quality Board.
2. After careful consideration of the site plan,
architectural drawings, plans and other exhibits submitted in
connection with this matter, the application of Mccormick, et al,
for site modification approval be and the same is hereby granted
subject to the following conditions:
a. The development shall be located and constructed
as shown on Exhibit "A", incorporated by reference.
b. Prior to submittal for building or electrical
permits, a zone clearance shall be obtained from the Planning
Department.
c. Prior to issuance of a zone clearance, the
applicants shall submit the following for planning Commission
review at a regular adjourned meeting:
(1) A modified gate proposal either stepping down
the ends of the gate or providing some type of columns for a more
gradual appearance. The gate shall also be modified to allow
unobstructed access at the pedestrian/equestrian easement located
along the west side of Toll Gate Rd./Quail Ridge ct.
(2) Material board indicating a dark earthtone
color scheme.
(3) Landscape plans to screen and integrate the
gate with the natural terrain.
d. Landscaping shall be of native and drought
tolerant species in conformance with the city's xeriscape
guidelines.
e.
Height of gate shall not exceed five (5) feet.
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f. No structure shall be permitted in any easement,
unless an encroachment permit has been issues by the affected
utilities companies and/or agencies.
g. Gate width shall not be less than fourteen (14)
feet. Gate shall have a Knox lock box keyed to Saratoga Fire
District Medeco key.
h. Lock box shall contain inside an entry switch to
open the gate. Location shall be approved by Saratoga Fire
District. Details to be shown on plans.
i. Applicant agrees to hold city harmless from all
costs and expenses, including attorney's fees, incurred by the
City or held to be the liability of City in connection with
city's defense of its actions in any proceeding brought in any
State or Federal Court, challenging the City's action with
respect to the applicants' project.
j. Noncompliance with any of the conditions of this
permit shall constitute a violation of the permit. because it is
impossible to estimate damages the City could incur due to the
violation, liquidated damages of $250.00 shall be payable to this
City per each day of the violation.
***
Passed and adopted at a regular meeting of the City council
of the City of Saratoga held on the 6th day of May
1992, by the following vote:
,
AYES:
CouncilmembersCTevenger, Mania, Stutzman and Mayor Kohler
NOES:
None
Councilmember Anderson
ABSENT:
ABSTAIN: None
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. ayor
ATTEST:
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