HomeMy WebLinkAboutCity Council Resolution 21-069 MND for barn relocationRESOLUTION NO: 21-069
RESOLUTION OF THE CITY OF SARATOGA CITY COUNCIL ADOPTING A
MITIGATED NEGATIVE DECLARATION AND MITIGATION AND MONITORING
REPORTING PROGRAM AND ACCEPTING THE RELOCATION OF THE BARN TO
THE HERITAGE ORCHARD
APPLICATION NUMBER: ENV19-0004
18500 & 18520 Marshall Lane (APNs 397-02-110 and 397-02-111)
WHEREAS, on June 26, 2019, an application was submitted by John Bellicitti Trustee &
ET AL (owner) and 18500 Marshall Ln, LLC (applicant) requesting to subdivide two parcels
totaling 9.8 acres (net) located at 18500 & 18520 Marshall Lane into nine lots ranging in size from
40,098 square feet to 51,248 square feet. The project would also create a new private road accessed
off of Marshall Lane, which would serve all the parcels within the subdivision. The applicant is
requesting a re -zoning of 18500 Marshall Lane from Agriculture to Residential, R-1-40,000, the
cancellation of a Williamson Act Contract, and the relocation to the City's Heritage Orchard an
existing historic barn that was constructed in about 1870. (Collectively, the "Project".) Both
parcels have a General Plan Designation of Residential Very Low Density. 18500 Marshall Lane is
zoned Agricultural (A), and 18520 Marshall Lane is zoned R-1-40,000.
WHEREAS, an Initial Study (IS) and proposed Mitigated Negative Declaration (MND)
were prepared for the Project by the City of Saratoga, pursuant to the requirements of the
California Environmental Quality Act (CEQA, Public Resources Code sections 21000 et seq.),
CEQA Guidelines (14 California Code of Regulations sections 15000 et seq.), and any other
applicable requirements.
WHEREAS, the IS and a notice of intent to adopt an MND were duly noticed and
circulated for a public review period from July 6, 2021 through August 6, 2021 and the public
and responsible agencies were duly noticed of the opportunity for review in accordance with
CEQA Guidelines section 15072.
WHEREAS, the IS and MND represents the City's independent judgment and analysis.
WHEREAS, on September 8, 2021 the Planning Commission conducted a duly noticed
Public Hearing on the Project, during which opportunity was given to address the adequacy of
the MND. All comments on the IS and MND raised during the public and agency comment
period and at the Public Hearing(s) on the Project were considered by the Planning Commission,
and the Planning Commission recommended to the City Council that it approve the MND and
the Project.
WHEREAS, on October 6, 2021 the City Council conducted a duly noticed Public
Hearing on the Project, during which opportunity was given to address the adequacy of the
MND. All comments on the IS and MND raised during the public and agency comment period
and at the Public Hearing(s) on the Project were considered by the City Council.
Resolution 21-069
Page 2
WHEREAS, the City Council was presented with and/or had the opportunity to review
all the information in the administrative record.
WHEREAS, after the conclusion of the above -referenced Public Hearing, the City
Council considered all oral and written comments and a staff recommendation for approval of
the MND and reviewed and considered the information in the IS/MND, public and agency
comments on the IS and MND, the administrative record, and the staff report for completeness
and compliance with CEQA, the CEQA Guidelines, and all other applicable requirements.
NOW THEREFORE, the City Council of the City of Saratoga hereby finds, determines and
resolves as follows:
1. The Project has been the subject of an MND under the California Environmental Quality
Act (CEQA), Public Resources Code §§ 21064.5 and 21157.5, and pursuant to Title 14,
Division 6, Chapter 3 § 15070 of the CEQA Guidelines. The MND has been completed
in compliance with the intent and requirements of CEQA, CEQA Guidelines and all other
applicable requirements. The City Council has considered the information contained in
the IS/MND and the record in considering the Project and related actions.
2. The IS identified potentially significant adverse effects on the environment from the
proposed Project but found that mitigation measures proposed for the Project and made a
part of the Project would avoid the effects or mitigate the effects to a point where clearly no
significant effects would occur.
3. The City received comments regarding the IS/MND, but none identified any new
impacts, changes to mitigation, or other information that would alter the IS/MND's
conclusion that all potentially adverse environmental effects of the Project would be
avoided or mitigated to a point where clearly no significant effects would occur.
4. The documents constituting the record of proceedings upon which this decision is based
are kept in the City of Saratoga Community Development Department and are maintained
by the Community Development Director.
5. Pursuant to CEQA and CEQA Guidelines, the City Council finds on the basis of, and
after review of, the whole record before it (including the Initial Study, the Mitigated
Negative Declaration, any and all comments received, and in light of expert and other
evidence submitted), that (1) potentially significant effects were identified but mitigation
measures made a part of the Project would avoid or reduce the effects to a point where
clearly no significant effects would occur, and (2) there is no credible, substantial evidence
that the Project may have a significant effect on the environment as to any issue raised.
6. After careful consideration of the matter, the City Council hereby adopts the Mitigated
Negative Declaration for the Project, which was presented to the City Council on October
6, 2021, and circulated for a public review period from July 6, 2021 through August 6,
2021 and is on file with the Community Development Department.
Resolution 21-069
Page 3
7. The City Council further adopts the Mitigation Monitoring and Reporting Plan dated July 6,
2021 and hereby made a part of this Resolution. The City Council hereby directs the
Planning Department, City Arborist, City Geologist, and Building Department to monitor
compliance with the mitigation measures required in the Project as specified in the
Mitigation Monitoring and Reporting Plan to mitigate significant environmental effects, as
described in the IS, attached hereto.
The City Council hereby accepts the applicant's offer to relocate and reconstruct the historic
barn to the City's Heritage Orchard in the location shown in Exhibit A (orange circle) in
accordance with the standards set forth in the MND, MMRP, and all attachments thereto at
no cost to the City (including reimbursement for staff time and consultants required in
connection with the relocation and reconstruction) and authorizes the City Manager or
Manager's designee to take any measures necessary to implement the relocation and
reconstruction.
PASSED AND ADOPTED by the City of Saratoga City Council on this 6th day of October
2021 by the following vote:
AYES: COUNCIL MEMBERS BERNALD, FITZSIMMONS, KUMAR, MAYOR ZHAO
NOES: VICE MAYOR WALIA
ABSTAIN: NONE
ABSENT: NONE
Y ao, Mayor
ATTEST:
L--Wzca-- c/ Date
Britt Avrit, MMC, City Clerk
Resolution 21-069
Page 4
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