Loading...
HomeMy WebLinkAboutCity Council Resolution 2563 ItSSOLUTION NO.: 2563 R]~OLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA UPHOLDING A DECISION OF THE PLANNING COMMI88ION WHEREAS, SMILIA MAYNARD, the applicant, has applied to the City of Saratoga for tentative subdivision approval to divide the property located at 19330 Saratoga-Los Gatos Road into two lots, such application being identified as SD-88-018, and WHEREAS, on January 11, 1989, 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, the applicant has appealed the decision of the Planning Commission to the City Council; and WHEREAS, on April 5, 1989, the City Council conducted a de novo review 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 5, 1989, by a vote of 4-0 with Councilmember Anderson absent, did resolve as follows: 1. The appeal from the decision of the Planning Commission was denied and the decision of the Planning Commission was affirmed. 2. The City Council agreed with the conclusions set forth in the Staff Report to the Planning Commission dated February 8, 1989, and the same is incorporated herein by reference. The Council specifically found and determined that the site was not physically suitable for the proposed density of development and substantial environmental damage was likely to be caused, in that: (a) The proposed subdivision was inconsistent and incompatible with the established density pattern of lots adjacent to the site. (b) The bridge required for access to the proposed lot will cause substantial alteration and damage to the riparian habitat. (c) The proposed subdivision is virtually identical to the applications rejected by the Council in 1988 and 1985, except for the avoidance of a variance through a voluntary dedication of an easement to the Santa Clara Valley Water District. This -1- technicality does not change the physical characteristics of the proposed lot, which the Council has previously found to be unsuitable for development. Although the dedication may result in compliance with the letter of the law, the proposal violates the purpose and intent of the subdivision and zoning regulations. 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 19th day of April, 1989, by the following vote: AYES: CouncilFe~3ers Clevenger~ FDyles, Peterson, Stutzman, and Mayor Anderson NOES: None ABSENT: None ~/~, ~~~,~_ May~ City Clerk ~ -2-