HomeMy WebLinkAboutCity Council Resolution 00-08 RESOLUTION NO. 00-08
RESOLUTION OF THE CITY COUNCIL OF SARATOGA
APPROVING USE PERMIT NO. UP-99-018
Azule Crossing; i2312 Saratoga-Sunnyvale Road
WHEREAS, the City of Saratoga has received an application and subsequent
modifications to said application for Use Permit approval to allow a 20 unit residential
development in a Commercial Neighborhood (CN) zoning district, all as more particularly set forth
in File No. UP-99-018 of this City per the revised exhibit marked "Exhibit A" and presented at the
City Council meeting of February 2, 2000; and
WHEREAS, following consideration and approval of the proposed use permit by the
Planning Commission on November 10, 1999, review of that decision was initiated by the City
Council of the City of Saratoga in accordance with section 2-05.030 of the Saratoga City Code; and
WHEREAS, the City Council conducted a de novo public heating on the matter at which
time any person interested in the matter was given the full opportunity to be heard and to present
evidence on December 15, 1999 and considered and denied the proposed use permit following said
heating and voted on January 5, 2000, pursuant to section 2-10.110(0(2) of the Saratoga City Code,
to reconsider said denial on January 19, 2000; and
WHEREAS, the City Council conducted further public hearings regarding the proposed use
permit on January 19, 2000 and February 2, 2000; and
WHEREAS, the City Council considered various modifications to the proposed use permit
proposed by the applicant in plans submitted February 2, 2000 showing 20 residential lots plus one
private street and one commercial lot, all as more particularly set forth in File No. UP-99-018 of this
City (all further references to the proposed use permit refer to the proposed use permit as shown in
materials submitted February 2, 2000); and
WHEREAS, the City Council reviewed and considered the staff report, minutes of
proceedings conducted by the Planning Commission relating to the application, and all written and
oral evidence presented to the City Council in support of and in opposition to the application.
WHEREAS, the City Council has heretofore received and adopted the environmental
Negative Declaration prepared for this project in accord with the currently applicable provisions of
CEQA; and
WHEREAS, the Planning Commission and the City Council have conducted duly noticed
public heatings in connection with this matter at which time all interested parties were given a full
opportunity to be heard and to present evidence.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga, as follows:
Section 1. After careful consideration of the matter, the City Council hereby finds:
1. That the proposed residential development is in accord with the objectives of the Zoning
Ordinance and the purposes of the CN zoning district in that the property is constrained by
it's linear configuration and can only feasibly support commercial use on the front half of
the property. Further, by developing the rear of the property with small lot single-family
units the City is able to provide an alternative housing stock and a transition between the
commercial uses on Saratoga-Sunnyvale and the lower density residential uses on Seagull
Way.
2. That the proposed residential development is consistent with the General Plan goals and
policies in that the project:
· Does not exceed the maximum density standard for residential development in
Commercial districts.
· Does not exceed the maximum building coverage standard for residential or
commercial development in Commercial districts.
· Preserves and enhances the residential character of the Seagull Way neighborhood
while also preserving the commercial character of Saratoga-Sunnyvale Road.
3. That the proposed residential development 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.
4. That the proposed mixed-use development will comply with each of the applicable
provisions of the Zoning Ordinance with the exception of the commercial building's 26 foot
height, which exception is hereby permitted in accordance with section 15-55.030 of the
Saratoga City Code.
Section 2. After careful consideration of the site plan, and other exhibits submitted in connection
with this matter, UP-99-018, the application of Azule Crossing for Use Permit approval be and the
same is hereby granted subject to the following conditions:
1. The proposed project shall be as shown on the approved plans, Exhibit "A" and Exhibit
"B" with revisions, incorporated by reference.
2. Applicant shall submit, for review and approval by the Director of Community
Development, a revised final architectural design of the commercial building.
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3. Applicant shall submit, for review and approval by the Director of Community
Development, a feasibility study for installation of an elevator in the commercial
building and shall include an elevator in the final plans for the commercial building if
such inclusion is determined to be feasible.
4. All conditions of the Resolutions approving SD-99-005 & DR-99-037 shall apply.
5. 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.
6. All applicable requirements of the State, County, City and other governmental entities
must be met.
Section 3. A Building Permit must be issued and construction commenced, or a certificate of
occupancy issued, within 24 months from the date of adoption of this Resolution or approval will
expire.
PASSED AND ADOPTED by the City Council of the City of Saratoga, State of California,
this 16th day of February, 2000, by the following vote:
AYES: Councilmembers Waltonsmith, Baker, Streit, Mayor Bogosian
NOES: None
ABSENT: Vice Mayor Mehaffey
ABSTAdN: None
Mayor
ATTEST:
City Clerk