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HomeMy WebLinkAboutCity Council Resolution 1016 RESOLUTION NO. 1016 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING THE SPECIFIC PLAN FOR THE NORTHWEST HILLSIDES OF THE CITY OF SARATOGA. WHEREAS, at a special election ordered consolidated with the general municipal election and held on April 8, 1980, the voters of the City of Saratoga adopted an ordinance entitled "An Initiative Ordinance Directing Preparation of a Specific Plan for Preservation of the Rural Character of the Northwest Hillsides of the City of Saratoga and Imposing a Moratorium on Development Pending Completion of said Plan."; and WHEREAS, the initiative ordinance, commonly known as Measure "A", went into effect on April 25, 1980; and WHEREAS, in June 1980, the City Council of the City of Saratoga appointed a Citizens Advisory Committee to prepare a draft of the Specific Plan, in accordance with the requirements of Measure "A" and State law; and WHEREAS, a proposed Specific Plan was presented by the Citizens Advisory Committee to the Planning Commission on January 28, 1981; and WHEREAS, noticed public hearings were conducted by the Planning Commission on February 11, 1981, February 25, 1981, and March 11, 1981, and after approving various modifications and amendments, on March 25, 1981, the Planning Commission passed -1- Resolution No. SP-81-1 recommending to the City Council adoption of the proposed Specific Plan, as amended; and WHEREAS, the City Council carefully reviewed the proposed Specific Plan recommended by the Planning Commission and considered the testimony of all persons who desired or were invited to be heard at public hearings conducted by the City Council on April 7, 1981, April 15, 1981, April 21, 1981, April 29, 1981, May 20, 1981 and May 26, 1981; and WHEREAS, the City Council approved additional modifications and amendments to the proposed Specific Plan and, pursuant to Government Code Section 65504, such additional modifications and amendments were referred to the Planning Commission for a report; and WHEREAS, on May 27, 1981, the Planning Commission duly considered the additional modifications and amendments adopted by the City Council and a report thereon was filed with the City Council on June 2, 1981; and WHEREAS, at a special meeting of the City Council held on June 2, 1981, the report from the Planning Commission was reviewed and certain of the recommendations set forth therein were adopted. The City Council further adopted a resolution approving the final Environmental Impact Report prepared as part of the Specific Plan, havina made the findinqs that such Environmental Impact Report was adequate, complete and in compliance with the provisions of the California Environmental Quality Act; and WHEREAS, all public hearings and other procedures required by Measure "A" and by state law have new been completed and a final draft of the Specific Plan has been presented to the City Council for adoption, a true and correct copy of which is -2- attached hereto as Exhibit "A" and made a part hereof; and WHEREAS, the City Council acknowledges that adoption of the proposed Specific Plan will have significant effects upon the environment, as identified in the final Environmental Impact Report, and hereby makes the following findings: {a) Policies, requirements and action programs have been incorporated into the Specific Plan to mitigate to an acceptable level or avoid the significant environmental effects as identified in the final EIR, including the following: (1) Loss of agricultural lands - the policies of the Specific Plan, to be acted upon with appropriate ordinances and actions, will encourage renewal and discourage cancellation of Williamson Act contracts and allow agricultural uses, including plant nurseries and wineries by use permit. (2) Avoidance of seismic hazards - the policies, restrictions and action programs of the Specific Plan will prohibit any development in certain areas considered to be unsafe for any purpose other than open space; place the burden of proof upon the developer to establish, to the satisfaction of the City and its geologist, that that proposed development will be constructed in such manner as to be safe from known or reasonably predictable geologic hazards which -3- may cause injury to persons or property; and require a slope stability analysis whenever the City geologist may deem the same to be necessary or appropriate. (3) Reduction of natural vegetation - the Specific Plan substantially lessens the density of development in Re Measure "A" area, prohibits construction of residences in certain geologically hazardous areas, requires maximum preservation of trees and other natural growth and permits the grouping of homes, thereby reducing the adverse impact of development upon the existing ecology in the area. In addition, the Specific Plan requires landscaping around residences to be nonhazardous, drought resistant native landscaping and a major portion of each development to be left in natural open space. (4) Preservation of Open Space - the Specific Plan will require preservation of open space through a substantial reduction in density, dedication of open space easements as a condition for approval of development proposals, and prohibition of construction on predominant ridgelines and geologically hazardous areas. The Specific Plan will also encourage the preservation of open space through the grouping of homes and renewal of Williamson Act contracts. -4- (5) Increased traffic on roadways - the decreased density will reduce the average daily traffic on the roadways, and thus its impact. The circulation element in the Specific Plan will minimize the traffic impact on Pierce Road with the parallel SW-NE road, and on other existing roads in developments adjacent to the Measure "A" area by allowing only emergency access road connections to the east-west roadways. (6) Increased demand for nonrenewable fuel and community services - the Specific Plan mitigates the demand for fuel and services through the density reduction, policies to encourage alternative energy uses, policies to establish a water improvement project and formation of a water assessment district, policies to increase protection against fire, and a policy to establish assessment districts for maintenance of roads and other public facilities upon enactment of State laws permitting the formation of such districts. (7) Grading - the Specific Plan requires significant revisions to the Grading Ordinance to protect water quality and tc minimize erosion, risks from geologic hazards and disruption of the natural topography. (b) The Specific Plan contains policies concerning development of land adjacent to the City of Saratoga and mitigation of adverse environmental -5- effects of such development through a substantial reduction in density. However, such lands are within the responsibility and juris- diction of the County of Santa Clara which, at the present time, has adopted regulations consistent with the Specific Plan in terms of density. Other mitigation measures as contained in the Specific Plan should also be adopted by the County of Santa Clara with respect to these lands. (c) To the extent that significant environmental effects identified in the final EIR have not been fully mitigated or avoided by policies, requirements and action programs contained in the Specific Plan, such effects are nevertheless acceptable in view of the overriding consideration that Measure "A" was duly enacted by the citizens of the City of Saratoga and mandates the adoption of the Specific Plan. Consequently, there are no feasible alternatives to the Specific Plan as a "project", within the meaning of the California Environmental Quality Act. NOW, THEREFORE, BE IT RESOLVED that pursuant to the requirements of Measure "A" and the provisions of the California Government Code, Section 65500 e__t s_eq., the City Council of the City of Saratoga does hereby adopt the "Northwest Hillside Specific Plan", in the form of Exhibit "A" attached hereto, and RESOLVED, FURTHER, that the City Clerk be, and he hereby is authorized and directed to endorse upon the Northwest Hillside Specific Plan the fact of its adoption by this resolution, effective as of this date. ******** -6- PASSED AND ADOPTED at anadjournedregularmeeting oft he City Council of the City of Saratoga, held on the 2nd day of June, 1981, by the following vote: AYES: Councilmembers Clevenger, Mallory, Watson, Mayor Callon NOES: Councilmember Jensen ABSENT: None MAYOR ATTEST: CITY CLERK -7-