HomeMy WebLinkAboutCity Council Resolution 95-18 RESOLUTION 95 - 18
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA DENYING AN AMENDMENT
TO THE ZONING ORDINANCE FOR CERTAIN
TERRITORY WITHIN THE CITY IDENTIFIED
AS ASSESSOR'S PARCEL NUMBERS
386-23-041, 042 & 059; 12325 SARATOGA AVENUE
WHEREAS, the Kosich Construction Company is requesting an
amendment to the Zoning Ordinance to that portion of Assessor
Parcel Numbers 386-23-041, 042 & 059from Single-family
Residential (R-1-10,000) to Commercial Neighborhood (C-N) per
Exhibit "A"; and
WHEREAS, the Planning Commission held a public hearing on
the proposed amendment on January 25, 1995 and following the
conclusion thereof the Planning Co___m~__ission recommended denial of
the zoning ordinance amendment to reclassify that portion of APN
386-23-041, 042 & 059 from Single-family Residential (R-l-10,000)
to Commercial Neighborhood (C-N); and
WHEREAS, the City Council held a public hearing on the.
proposed amendment on March 15, 1995 at which time all interested
parties were given a full opportunity to be heard and to present
evidence; and
WHEREAS, the City Council reviewed and considered the staff
report, minutes of proceedings conducted by the Commission
relating to the proposed amendment, and the written and oral
evidence presented to the City Council in support of and in
opposition to the proposed amendment.
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 proposed
amendment to reclassify that portion of APN 386-23-041, 042 & 059
from Single-family Residential (R-l-10,000) to Commercial
Neighborhood (C-N) is denied and the following findings have been
determined:
(a) State zoning law requires that zoning ordinances
be consistent with the Jurisdiction~s adopted general plan.
(b) The request to amend the General Plan designation
for a portion of the property from medium density residential to
commercial retail has been denied. Therefore, the amendment to
the zoning ordinance would be inconsistent with the General Plan
designation for the property.
Passed and adopted at a regular meeting of the City Council
of the City of Saratoga heldon the 5th day of April ,
1995, by the following vote:
AYES: Councilmembers Jacobs, Moran, Tucker, Wolfe and Mayor Burger
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
-nrs~\27 3 ~Ros \Kosich. dn:lr