HomeMy WebLinkAboutCity Council Resolution 2582 RESOLUTION NO. 2582
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
MODIFYING A DECISION OF THE PLANNING COMMISSION
WHEREAS, Harbor Builders, Inc., the applicant, has applied to the
City of Saratoga for approval to modify the subdivision
improvement plans for Tract 7761 by relocating the driveway on
Lot 1, such application being identified as SDR-1356.1, and
WHEREAS, on March 8, 1989, the Planning Commission of the City of
Saratoga conducted a public hearing on said application, and
following the conclueion thereof, the Planning Commission
approved the application, and
WHEREAS, Willem and Sandy Kohler have appealed the decision of
the Planning Commission to the City Council, and
WHEREAS, on April 19, 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 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 does
hereby resolve as follows:
1. The decision of the Planning Commission mis modified to the
extent of moving the driveway further from the open space
easement, to the location shown on the drawing attached hereto as
Exhibit A and made a part hereof.
2. The applicant shall dedicate an equestrian trail easement
over Lot 1, at the location shown on exhibit A attached hereto.
A fence shall be installed to separate the driveway from the
equestrian trail, the design of which shall be subject to
approval by the Planning Director. The applicant shall also
dedicate the additional equestrian easements over the subdivision
at the locations approved by the Parks and Recreation Commission.
3. Drainage plans for the relocated driveway and the equestrian
trail on Lot 1 shall be submitted to and approved by the City
Engineer. Such plans shall be designed to prevent the flow of
surface water on Lot 1 into the area of potential soil
instability within the open space easement.
4. The condition imposed by the Planning Commission for the
submission of a geotechnic report on the relocated driveway prior
to the issuance of a grading permit shall remain in full force
and effect.
5. Except as herein modified, the decision by the Planning
Commission is affirmed and the appeal is denied.
6. By accepting the approval herein granted, the applicant
acknowledges and agrees that any further construction activity or
modification of the subdivision improvement plans without prior
approval by the City, or other violation of a development
condition imposed in connection with the City's approval of Tract
7761, shall subject the applicant to sanctions in the amount of
$500 per day for each day during which the unauthorized activity
or violation is committed, continued, or permitted to exist.
The above and foregoing resolution was passed and adopted by the
Saratoga City Council at a meeting held on the 5th day of July,
1989, by the following vote:
AYES: Counc~sClevenge~,MDyles, PetersonandMayorAnders~n
NOES: C~unc~memberStutmren
ABSENT: None
~or
ATTEST:
Deputy City