HomeMy WebLinkAboutCity Council Resolution 98-29 RESOLUTION NO. 98 - 29
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA DENYING THE APPEAL FROM
THE DECISION OF THE PLANNING COMMISSION
FOR MODIFICATION OF PRIOR APPROVALS
DR-96-056.1 AND UP-96-016.1
SARATOGA COURTYARD S, LLC/ARGONAUT ASSOCIATES
WHEREAS, Saratoga Courtyard, LLC/Argonaut Associates ("Applicants") have
requested modification of Design Review and Use Permit approvals previously granted
to redevelop and expand the Argonaut Shopping Center;
WHEREAS. the approved plans include adding approximately 10,000 sq. ft. to
the existing Safeway Supermarket, renovating the existing Center buildings and
parking lot and constructing two new free standing buildings;
WHEREAS, the modification request is to allow the free standing building
approved for Pad B at the southeast comer of Saratoga- Sunnyvale Road and Blauer
Drive to be separated from the overall project approval in order that the applicants may
proceed independently with construction of that building;
WHEREAS, Pad B was originally submitted along with the overall development
proposal described above as one single project and the application was approve& in
whole, pursuant to the plans attached to the March, 1997 approval;
WHEREAS. on July 8, 1998, 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 denied the request;
WHEREAS, the denial of the request has been appealed by the Applicants to the
City Council;
WHEREAS, on August 5, 1998, the City Council conducted a de novo public
heating on the appeal at which time any person interested in the matter was given a
full opportunity to be heard;
WHEREAS, the City Council reviewed and considered the staff report, minutes
of proceedings conducted by the Planning Commission related to the application, and
all 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:
Section 1. By split vote of the City Council (Councilmember Wolfe
voting in opposition) taken on August 5, 1998, the appeal from the Planning
Commission is hereby denied, to wit: the Applicants have not met the burden of proof
required to support the application and the following findings have been determined:
(A) The project applicant, not the City, defined the nature and scope
of the project by way of the project description in the application forms submitted to
the City for processing. The applicant identified a single project in the project
application. The application showed two parcels, but did not describe, indicate or
request a phased project or a segmented project.
(B) The City approved the project, subject to specific conditions.
Except as modified by way of such conditions, the project was approved as proposed by
the project applicant in the applications submitted to the City. The project application
did not request phasing or segmenting the project, and the City added no conditions to
modify this aspect of the proposed proiect. Therefore, the issue in the subject appeal is
compliance with the project as proposed in the original application, not compliance
with any conditions of approval which operated to modify the proposal.
(C) The City was aware that Pad B was a separate legal parcel and
could be sold, and included a provision in the project approval subjecting successors-in-
interest to the approval. No condition or provision subjects successors to only a
portion of the approval.
Passed and adopted at a regular meeting of the City Council of the City of
Saratoga held on the 2nd day of _5~zt, P, alhff,_, 1998 by the following vote:
AlliES: Counci 1 members Bogosi an, 3acobs, Moran, Shaw and Mayor Wolfe
NOES None
ABSENT: None
ATTEST:
City Clerk
MSR:dsp
August 28, 1998
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