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HomeMy WebLinkAboutCity Council Resolution 2106 RESOLUTION NO: 2]-06 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARA TOGA REVERSING A DECISION OF THE PLANNING COMMISSION WHEREAS, AMIEE CHAMBRE, on behalf of Crocker Bank, the applicant, has applied to the City of Saratoga for a use permit for the operation of a banking facility at 1~17 Big Basin Way, such application being identified as UP-5~3, and WHEREAS, on September 28, 1983, the Planning Commission of the City of Saratoga conducted a public hearing on said application, and following the conclusion thereof, the Planning Commission conditionally approved the application; and WHEREAS, the Saratoga Village Association has appealed the decision of the Planning Commission to the City Council; and WHEREAS, on November 2, 1983, the City Council conducted a de novo public hearing on the appeal, at which time any person interested in the matter was given an opportunity to be heard; and WHEREAS, the City Council reviewed and considered the staff reports, minutes of proceedings conducted by the Planning Commission relating to said application, and the written and oral evidence presented to the City Council in support of and in opposition to the appeal; and WHEREAS, based upon the evidence presented, the City Council found that: (1) The subject property was previously occupied by Imperial Savings and Loan Association as a non-conforming use and such use terminated upon said financial institution vacating the premises. (2) It is the intention of the Zoning Ordinance to require a use permit for the establishment of any additional financial institution uses in the Village area in order to control the proliferation of such uses to the detriment of retail space. (3) The application by Crocker Bank represents the establishment of a new financial institution office in the Saratoga Village for ~vhich a use permit is required. (½) The Saratoga General Plan, as recently adopted, and the Guidelines contained therein for Area 3 (the Village), encourage commercial uses that generate sales tax revenue needed by the City. The granting of a use permit in this case would increase the concentration of financial institutions in the Villae area, contrary to the objectives set forth in the General Plan and the Zoning Ordinance. (5) A use permit was granted to Imperial Savings, allowing it to relocate within the Village, based upon the representation that the subject property would thereby become available for retail use. -1~ (6) The establishment of a financial institution at the subject property would not serve to promote the Village as a viable retail district oriented to pedestrian traffic. NOV/, THEREFORE, the City Council of the City of Saratoga, at its meeting on November 2, 1983, by a vote of 3 to 1, with Councilmember Fanelli dissenting, and Councilmember Clevenger having disqualified herself from participation on the matter, did resolve that the appeal by the Saratoga Village Association be upheld and the decision of the Planning Commission granting said use permit be reversed. By reason of such reversal, the applicant's appeal, pertaining to the condition on which said use permit was granted by the Planning Commission, was rendered moot and no action was taken thereon by the City Council. 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 16th day of November, 1983, by the following vote: AYES: Councilmembers Clevenger, Fanelli, Mallory and Mayor Foyles NOES: None ABSENT: Councilmemb~_r Callon ABSTAIN: None ~//~ ~ ATTEST: ~ Mayor ~ / City Clerk -2-