HomeMy WebLinkAboutCity Council Resolution 92-078
RESOLUTION NO. 92-078
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA DENYING
AN APPEAL FROM THE DECISION OF THE
PLANNING COMMISSION
SD-92-006 - FRANKLIN; 13686 QUITO ROAD
WHEREAS I Mr. Franklin, the applicant, has applied for
tentative map approval to subdivide the subject property into a
five-lot subdivision; and
WHEREAS, on September 9, 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 tentative map request; and
WHEREAS, applicant has appealed the denial of the Planning
Commission to the City council; and
WHEREAS, on November 181 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 unanimous vote of the city Council the appeal from
the Planning Commission is hereby denied to wit: the applicant
has not met the burden of proof required to support the
application for the tentative map and the following findings have
been determined:
a. The proposed map and the design of the proposed
subdivision are not consistent with the General Plan, in that the
subdivision will result in the creation of nonconforming parcels
due to the fact that the map does not recognize the required
dedication in fee of the Santa Clara Valley Water District
right-of-way for access.
November 24, 1992
273\res\Prank1in.res
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2. The application of Franklin for tentative map approval
for a five-lot subdivision be and the same is hereby denied.
***
Passed and adopted at a regular meeting of the City council
of the City of saratoga held on the 2nd day of December
1992, by the following vote:
AYES: Councilmembers Burger, Kohl er I f10ni a I Tucker and Mayor Anderson
NOES: None
ABSENT: None
ABSTAIN: None
I£.L (á~.~
Mayor
ATTEST:
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HovUlber 24, l'Þ92
273\res\Prankll,n. rf.
2