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HomeMy WebLinkAboutCity Council Resolution 2230 RMLUTION NO. 2230 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA REVERSING A DECISION OF THE PLANNING COMMISSION WHEREAS, LEONARD V. LICCARDO, the applicant, has applied to the City of Saratoga for tentative building site aproval for a three lot subdivision of the property located at 20045 Mendelsohn Lane, Saratoga, California, such application being identified as SDR-1590, and WHEREAS, on February 27, 1985, and March 13, 1985, the Planning Commission of the City of Saratoga conducted a public hearing on said application, and following the conclusion thereof, the Planning Commission denied the application; and WHEREAS, on April 17, 1985, 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, NOW, THEREFORE, the City Council of the City of Saratoga, at its meeting on April 17, 1985, by a vote of 4-0 with Councilmember Fanelli abstaining from the matter by reason of conflict of interest, did resolve as follows: 1. The appeal from the Planning Commission was upheld and the decision of the Planning Commission was reversed. 2. The Council was able to make the findings required under Section 13.9-3 of the Subdivision Ordinance for an exception to the slope density standard and minimum size for a hillside lot, based upon the following considerations: (a) The site is not located within a hillside area and is deemed to be a "hillside lot" by reason of artificially created slopes and a steep slope on the northeasterly side of the property which raise the average slope of the entire site above ten percent. Most of the site is actually flat and after the division thereof into three lots, only one of such lots will have an average slope in excess of ten percent. (b) The site is located within the R-I-20,000 zoning district, and after the division thereof into three lots, each of such lots will exceed 20,000 square feet in area. (c) Granting approval of the application will not be detrimental to the public health, safety or welfare in that the proposed development has been approved by the City Geologist and -1- appropriate mitigation measures will be taken to avoid the risk of damage by reason of a portion of the site being located within a flood control zone. In addition, the development of the site will facilitate installation of a needed sewer line directly benefiting other properties in the area. 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 1st day of May, 1985, by the following vote: AYES: Councilmembers Clevenger, Hlava and MDyles NOES: Ncne ABSENT: Councilmenk~r Callon ~/~ ~~ ~/;CF~ ABSTAIN: Fayor Fanelli '~ ~ ~j A R ATTE~RK ...~ .~/ -2-