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HomeMy WebLinkAboutCity Council Resolution 2551 RI~OLUTION NO. 2551 RESOLUTION Ol~ THE CITY COUNCIL O1~ THE CITY O1~ SARATOGA UPHOLDING AND MODIFYING A DEC[SION Ot~ THE PLANNING COMMISSION WHEREAS, RALPH SAVIANO, the applicant, has applied to the City of Saratoga for tentative subdivision approval to divide the property located at 13502 Pierce Road into 3 lots, such application being identified as SD-88-006, and WHEREAS, on October 12, 1988, and October 26, 1988, the Planning Commission of the City of Saratoga conducted a public hearing on said application, and following the conclusion thereof, the Planning Commission approved the application; and WHEREAS, the Pierce Canyon Homeowners Association has appealed the decision of the Planning Commission to the City Council; and WHEREAS, on December 7, 1988, and January 4, 1989, 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, following the conclusion of the public hearing on January 4, 1989, the City Council referred the matter back to the Planning Commission to consider certain issues raised by the appeal and render a report thereon to the City Council; and WHEREAS, the Planning Commission reviewed and discussed such issues at its regular meeting on January 11, 1989, and on February 8, 1989, the Commission approved the form and content of a report to the City Council; and WHEREAS, the City Council conducted a further public hearing on February 15, 1989, at which time any person desiring to comment on the report from the Planning Commission was given the opportunity to be heard; and WHEREAS, the City Council has duly considered the staff reports, minutes of proceedings conducted by the Planning Commission relating to said application, the Report from the Planning Commission dated February 8, 1989, 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 February 15, 1989, by a vote of 4-1 with Councilmember Stutzman dissenting, did resolve as follows: 1. The appeal from the Planning Commission was denied and the decision of the Planning Commission was affirmed and modified as set forth below. -1- 2. The City Council was able to make the findings for the granting of tentative subdivision map approval, as discussed in the Staff Reports to the Planning Commission dated October 12, 1988, and October 26, 1988, and as set forth in Resolution No. SD-88-006 adopted by the Planning Commission on October 26, 1988, and such staff reports and resolution are incorporated herein by reference. In addition, the City Council agreed with the determinations and conclusions of the Planning Commission as contained in its Report to the City Council dated February 8, 1989, and such Report is hereby adopted, approved and incorporated herein by reference. 3. The following conditions of tentative map approval listed in Resolution No. SD-88-1~06 adopted by the Planning Commission are modified: (a) Condition No. 16 is modified to read as follows: "16. Replace bridge over Calabazas Creek at Chalet Clotilde Drive. New bridge to have 26 foot wide travel section and 4 foot wide pedestrian way. One tree can be removed. The City shall enter into a reimbursement agreement with the applicant providing for the cost of such new bridge to be collected on a pro-rata basis from property owners constructing future single family residences whose occupants will utilize this portion of Pierce Road as a means of access. The amounts collected shall be paid to the applicant upon receipt by the City. The reimbursement agreement shall remain in force for a term of 1D years and shall contain such other terms and provisions, inculding the specific method of allocating cost, as determined by the Planning Director and the City Attorney." (b) Condition No. 20-g is modified to read as follows: ,rg. Perform necessary work to control the landslide areas on the site as recommended by the City Geologist. Such work must be completed before final subdivision map approval can be granted, and no final map approval will be granted until the City Geologist has furnished a written confirmation to the City that by reason of the landslide control work, the area has been reclassified from "Md" to "Pd" or better. If requested by the adjacent property owner, the applicant shall grant to such owner a license to enter the applieant's property for the purpose of performing landslide control work to stabilize the residence of the adjacent property owner." The above and foregoing resolution was passed and adopted at a regular -2- meeting of the City Council of the City of Saratoga held on the 1st day of March 1989, by the following vote: AYES: Councils Clevenger, MDyles, Peterson and Mayor Anderson NOES: Councilmember Stutzman ABSENT: None Ci~ merk t~f -3-