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HomeMy WebLinkAboutCity Council Resolution 2060 RESOLUTION NO. 2060 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA REVERSING A DECISION OF THE PLANNING COMMISSION, MAKING REQUISITE FINDINGS, AND GRANTING TENTATIVE SUBDIVISION APPROVAL FOR SD-1~89, AND DENYING TENTATIVE SUBDIVISION APPROVAL FOR SD-I,505 AND SD-1531 WHEREAS, applicant WILSON DEVELOPMENT COMPANY has applied for Tentative Subdivision Approval on SD-1531 for nine (9) lots on a parcel of approximately t~ acres located on Saratoga/Sunnyvale Road and from an extension of Tricia Way off of Regan Lane; and WHEREAS, following a public hearing closed on 3anuary 26, 1983, the Planning Commission of the City of Saratoga denied the application 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 March 2, 1983, the City Council held a de novo public hearing and determined to continue the public hearing on this subdivision; and WHEREAS, on April 6, 1983, a motion was made, voted on and passed to reconsider the previous denial by the City Council of the appeals by the applicant from the Planning Commission prior denials for SD-1~89 and SD-1505; and WHEREAS, on May t/, 1983, the City Council resumed the continued de novo public hearing on SD-1531, reconsidered the Tentative Maps for SD-1~89 and SD- 1~05, considered, in concept, 3 additional maps submitted by neighbors and developer for the site and considered the Applicant's request, staff reports, records and proceedings before the Planning Commission and other evidence, both written and oral by members of the public, presented to the City Council pertaining to the application, WHEREAS, following the close of the Public Hearing on May t~, 1983, the Council, by a vote of ::? to 1, voted to adopt the Negative Declaration for SD-It~89 and to approve, upon reconsideration, the Tentative Subdivision Map for SD-14g9 with additional conditions, and staff was directed to prepare and return to the Council a written resolution and findings in accordance with these decisions. NOW, THEREFORE, the City Council of the City of Saratoga did on May 1983, resolve as follows: I. The Negative Declaration for SD-It~89 dated April 10, 1981, was approved and adopted. 2. The decisions of the Planning Commission and City Council denying approval of SD-It~89 were reversed and the applican~'s appeal therefrom was granted. 3. The City Council made all of the findings set forth in Exhibit "C", attached hereto and incorporated herein by this reference. Having made the appropriate findings, the City Council thereafter approved the Tentative Subdivision Map for SD-I~g9 subject to the conditions contained in the staff report pertaining to SD-I~g9 dated May g, 19g l, as amended, plus the following additional conditions: (a) Two (2) of the ten (10) lots being combined into a single lot. (b) No two-story structures being constructed on any lot. (c) A four foot (4') landscaping easement shall be established adjacent to the pedestrian easement. 5. The decisions of the Planning Commission and City Council denying approval of SD-1505 were affirmed and the applicant's appeal therefrom was denied. 6. The decision of the Planning Commission denying approval of SD-1531 was affirmed and the applicant's appeal therefrom was denied. The above and foregoing resolution was passsed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 18th day of May , 1983, by the following vote: AYES: Councilmembers Clevenger, Mallory and Moyles NOES: }~yor Callon ABSENTNone ABSTAIN: Fanelli Mayor ATTEST: EXHIBIT "C" FINDINGS SD-1489 1. The map, design and improvements of the proposed Subdivision comply' with all of the objectives of the 1974 General Plan, as amended, and all re- quirements of the Zoning and SubdivisiOn Ordinances of the City of Saratoga. The City Council finds that, because all of the proposals submitted have a cut-de-sac length which exceeds 400 feet in length and because of the traffic safety hazards of access off of Saratoga/Sunnyvale Road, the only feasible method of developing the property for the use for which it is zoned involves the creation of a cul-de-sac longer than four hundred feet (400'). 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 of density of development. 5. 'The design and improvements of the proposed Subdivision are unlikely to cause substantial environmental damage, or substantially 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 accomodated by the existing road system and the improvements required to be constructed by the subdivider. An additional inter- section onto Saratoga/Sunnyvale Road is determined to be unsafe and access via an extension of Tricia Way is safe. 8. The proposed Subdivision will improve the circulation pattern for the area by providing an emergency access between Tricia Way and Saratoga/Sunnyvale Road.