HomeMy WebLinkAboutCity Council Resolution 2607 KE~OL~ON NO.: 2607
· RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA UPHOLDING A DECISION OF
THE PLANNING COMMNSION
WHEREAS, the ODD FELLOWS HOME OF CALIFORNIA and ROGERS and
BROOKS, INC., the applicants, have applied to the City of Saratoga for tentative
subdivision map approval to divide the property located south of the Odd Fellows
Home between Crisp Avenue and Gypsy Hill Road into 34 lots, such application being
identified as SD-88-O08, and
WHEREAS, on February 22, 1989, March 22, 1989, May 10, 1989, June 28,
1989, August 9, 1989, and September 13, 1989, 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, with a modification of the
subdivision design to provide for 3 eul-de-saes, the first being an extention of Crisp
Avenue to service 7 lots, the second being an extension of Gypsy Hill Road to service
18 lots, and the third being a road through the Odd Fellows property from Fruitvale
Avenue to service 9 lots; and
WHEREAS, Devorah Lacknet has appealed the decision of the Planning
Commission to the City Council; and
WHEREAS, on October 18, I989, 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 October 18, 1989, by a vote of 4-1 with Couneilmember Moyles dissenting,
did resolve as follows:
1. The appeal from the Planning Commission was denied and the
decision of the Planning Commission was affirmed.
2. The City Council reaffirmed the policy and commitment made to the
residents of Crisp Avenue that not more than 7 lots of the new
subdivision would take access from that street. The Council agreed
with the conclusion of the Planning Commission that Sobey Road
should not carry the traffic from all of the remaining 27 lots. The
design approved by the Planning Commission for 9 lots to take access
through the Odd Fellows' site was an acceptable way to reduce the
traffic impact on Sobey Road and for such impacts to be reasonably
shared by the Odd Fellows. The City Council agreed with the
findings and conditions set forth in Resolution No. SD-88-008 adopted
by the Planning Commission on September 13, 1989, and the same is
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incorporated herein by reference, subject only to the following
modifications:
(a) The open space areas shown on the tentative map shall be
dedicated to the City instead of an open space easement being
created on privately owned property. The dedication of land
shall replace the requirement for payment of park dedication
fees.
(b) The applicant shah execute an agreement with the City
requiring the owners of all lots taking access from Gypsy Hill
Road to participate in an assessment district or any other
cooperative arrangement initiated by the City for the
improvement of Sobey Road, and to pay their proportionate
share of the improvement costs. Such agreement shall be
drafted by the City Attorney and recorded in the Office of the
County Recorder.
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 November,
1989, by the following vote:
AYES: Councilmembers Anderson, Moyles, Peterson, Stutzman and Mayor Clevenger
NOES: -None
.... ABSENT: None /~L~/A~) ~
ATTEST:
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