HomeMy WebLinkAboutCity Council Resolution 2008 RESOLUTION NO. 2008
RESOLUTION OF T}EE CITY COUNCIL OF THE CITY OF
SARATOGA REVERSING A DECISION OF THE PLANNING
COMMISSION, MAKING REQUISITE FINDINGS AND
GRANTING TENTATIVE SUBDIVISION APPROVAL FOR SD-1522
WHEREAS, applicant GERALD BUTLER has requested Tentative
Subdivision Approval for six (6) lots on a parcel of approximately
11.95 acres located on the proposed Lira Drive extension off
Montalvo Road; and
WHEREAS, following a public hearing, on July 14, 1982,
the Planning Commission of the City of Saratoga denied the applica-
tion for Tentative Subdivision Approval; and
WHEREAS, the applicant appealed the Planning Commission
decision to the City Council pursuant to Section 9.1 of the
Saratoga Subdivision Ordinance; and
WHEREAS, on August 4, 1982, the City Council held a de
novo public hearing and after closing said public hearing reviewed
and considered the applicant's request, staff reports, records of
proceedings before the Planning Commission and other evidence,
both written and oral, presented to the City Council pertaining to
the application,
NOW, THEREFORE, the City Council of the City of Saratoga
does hereby resolve as follows:
1. The decision of the Planning Commission denying
approval of SD-1522 is hereby reversed and the applicant's appeal
therefrom is granted.
2. The City Council hereby makes all of the findings
set forth in Exhibit "C", attached hereto and incorporated herein
by this reference.
3. Having made the appropriate findings, the City
Council does hereby approve the Tentative Subdivision for SD-1522,
together with the staff report pertaining thereto dated June 18,
1982, as amended July 7, 1982, and revised August 4, 1982, and the
Tentative Map of said Subdivision attached hereto as Exhibit "B-2"
and made a part hereof, and the Negative Declaration.
The above and foregoing Resolution was passed and
adopted at a regular meeting of the City Council of the City of
Saratoga held on the lSth day of August, 1982, by the following
vote:
AYES: fbuncilnenker Fanelli and Mayor Pro Ten Clevenger
NOES: Councilmember Moyles
ABSENT: CounciLmenbet M~_]lory and Mayor Callon
Mayor, City
ATTEST:
C"i't~ .....'Clerk
EXHIBIT C
FINDINGS
SD-1522
1. The map, design and improvements of the proposed
Subdivision comply with all of the objectives of the 1974 General
Plan, and all requirements of the Zoning and Subdivision Ordinances
of the City of Saratoga. The City Council finds that the creation
of a cul-de-sac longer than four hundred feet (400') is the only
feasible method of developing the property for the use for which
it is zoned. A cul-de-sac exceeding such length is mitigated on
this project by an emergency access road.
2. The housing needs of the region have been considered
and have been balanced against the public service needs of its
residents and available fiscal and environmental resources.
3. Appropriate conditions have been included in the
Tentative Subdivision Approval for consideration of future passive
or natural heating and cooling opportunities.
4. The site is physically suited for the proposed type
and density of development.
5. The design and improvements of the proposed Subdivision
are unlikely to cause substantial environmental damage, or substan-
tially injure wildlife or their habitat, or cause serious public
health problems.
6. The design and improvements of the proposed Subdivision
will not conflict with public easements for access through, or use
of, property within the proposed Subdivision.
7. Traffic impacts can be accommodated by the existing
road system and the off site improvements required to be constructed
by the subdivider.
8. The proposed Subdivision will improve the circula-
tion pattern for the area by providing an emergency access between
Vickery Avenue and Montalvo Road.
9. The project will not have a significant impact on
the environment and there is no serious public controversy
concerning environmental effects of the project.