HomeMy WebLinkAboutCity Council Resolution 97-38 RESOLUTION NO. 97- 38
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SARATOGA GRANTING THE
APPEAL FROM THE DECISION OF THE
PLANNING COMMISSION
UP-97-006; MQ HERITAGE CORPORATION: 14337 TAOS DRIVE
WHEREAS, MQ Heritage Corporation, the applicant, has applied for use
permit approval to construct a new 390 square foot cabaria with a maximum height
of 10 feet on a 48,453 square foot parcel; and
WHEREAS, on August 13, 1997, the Planning Commission of the City of
Saratoga conducted a duly noticed public hearing 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 denied the application; and
WHE~, the denial by the Planning Commission has been appealed to the
City Council by the applicant; and
WHEREAS, on September 17, 1997, the City Council conducted a de novo
heating 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 granted, and the decision of the Planning Commission is
reversed, to wit: the applicant has met the burden of proof required to support the
application and the following findings have been determined:
a. That the proposed cabana is in accord with the objectives of the Zoning
Ordinance and the purposes of the Single Family Residential zoning district.
b. That the proposed cabana and the conditions under which it would be
maintained will not be detrimental to the public health, safety or welfare, nor
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 cabana will comply with each of the applicable
provisions of the Zoning Ordinance.
Section 2. The application of MQ Heritage Corporation for use permit
approval be and the same is hereby granted, subject to the following conditions:
a. The proposed addition shall be as shown on the approved plans, Exhibit
"A", incorporated by reference.
b. Prior to submittal for Building Permits, the following shall be submitted
to Planning Division starf in order to issue a Zoning Clearance:
Four (4) sets of complete construction plans incorporating this
Resolution as a separate plan page.
c. All building and construction related activities shall adhere to New
Development and Construction - Best Management Practices as adopted by the City
for the purpose of preventing storm water pollution.
d. 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 applicant's project.
e. Noncompliance with any of the conditions of this permit shall
constitute a violation of the permit. Because it is impossible to estimate damage the
City could incur due to the violation, liquidated damages of $250 shall be payable to
the City per each day of the violation.
Section 3. Construction must be commenced within 24 months or approval
will expire.
Section 4. All applicable requirements of the State, County, City and other
governmental entities must be met.
Passed and adopted at a regular meeting of the City Council of the City of
Saratoga held on the first day of October ,1997 by the following vote:
AYES: Councilmembers Bogosian and Shaw and Mayor Moran
NOES None
ABSENT: Counci 1 members Jack.
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ATTEST:
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September 10, 1997
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