HomeMy WebLinkAboutCity Council Resolution 96-29 RESOLUTION NO. 96- 29
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
DENYING AN APPEAL FROM THE DECISION OF THE PLANNING COMMISSION
RELATING TO TENTATIVE PARCEL MAP
NAGPALl 19101 VIA TESORO CT. (8D-95-009)
WHEREAS, Mr. & Mrs. Nagpal, the applicant had made an
application for Tentative Parcel Map approval under the State
Subdivision Map Act and the City's Subdivision Ordinance for
Tentative Parcel Map approval of two (2) lots, all as more
particularly set forth in File No. SD-95-009 of this City; and
WHEREAS, on March 13, 1996, 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 parcel map application; and
WHEREAS, applicant has appealed the denial of the Planning
Commission to the City Councill and
WHEREAS, on May 1, 1996, 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 Planning
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 and the action of the
Planning Commission is affirmed, to wit: the applicant has
failed to meet the burden of proof required to support the
application for tentative parcel map approval and the following
findings have been determined:
The site is not physically suitable for the type or density
of development proposed (e.g., a subdivision into two (2) Iota to
allow for the construction of a second single family residence)
in that:
(a) The current adobe residence was clearly designed
and located to fit on the existing lot, in terms
of size, architecture, location and orientation~
1
(b) Any new residence would be situated in what is now
the back yard lawn area of the existing adobe
residence, directly behind the existing swimming
pool. Any new residence would therefore adversely
impact the existing residence in terms of view
from and privacy of the existing residence, and
detract from the intended "layout' of the existing
residential improvements;
(c) Given the topographical constraints of the
existing lot (irregular shape, and substantial
down-slope along Via Tesoro Court and Chester
Avenue), the layout of the existing residential
improvements, limiting the location of the
proposed building site, as well as the prominence
of the site (Via Tesoro Court is the main access
to the neighborhood), any new residence on the
proposed newly created corner lot would have
substantial visual impact on the neighborhood and
would be incompatible with the neighborhood's
existing development pattern.
Passed and adopted at a regular meeting of the City Council
of the City of Saratoga held on the 5th day of
June , 1996, by the following vote:
AYES: Councilmembers Burger, Moran and Wolfe
NOES: None
ABSENT: Councilmember Tucker and Mayor Jacobs
ABSTAIN: None
Mayor
ATTEST:
Deputy City Clerk