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HomeMy WebLinkAboutCity Council Resolution 01-055RESOLUTION NO. 01-055 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA REGARDING APPEALS FROM THE DECISION OF THE PLANNING COMMISSION RELATED TO 15480 PEACH HILL ROAD (APNS 517-23-021 AND 517-22-111); APPLICANT/APPELLANT-HUSAIN/KHAN AS TO TIE VOTE ON LOT LINE APPLICATION AND APPELLANT MARGARET S. GIBERSON AS TO APPROVAL OF NEGATIVE DECLARATION (LL-00-005) WHEREAS, the Planning Commission conducted a Public Hearing on May 9, 2001, to consider the requested Lot Line Adjustment and associated Environmental Documentation; and WHEREAS, the Planning Commission approved a Negative Declaration of Environmental Impact for the Lot Line Adjustment; and WHEREAS, on a motion to approve the Lot Line Adjustment LL-00-005, the Planning Commission vote ended in a 3-3 tie; and WHEREAS, the Applicant, HUSA1N/KHAN, has appealed the denial of LL-00-005; and WHEREAS, Margaret S. Giberson has appealed the Environmental Determination made by the Planning Commission; and WHEREAS, on July 18, 2001, the City Council of the City of Saratoga conducted a duly noticed public hearing on both appeals at which all interested parties were given an opportunity to be heard and present evidence; and WHEREAS, after the public heating on both appeals was closed, the following findings and decisions were made by the City Council. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Saratoga, as follows: 1. The appeal of the approval by the Planning Commission of the Negative Declaration is granted and the action of the Planning Commission is reversed, based on the following findings: Negative Declaration Findings: Appellant Giberson raised several arguments challenging the adequacy of the Negative Declaration for this Project. These arguments include, but are not limited to, feasible access, impacts to Willow Creek and destruction of riparian vegetation, cumulative impacts, geologic problems, and erosion. The California Environmental Quality Act mandates the preparation of an Environmental Impact Report whenever it can be fairly argued on the basis of substantial evidence that a project may have a significant effect on Resolution 01- 055 Page 1 of 4 the environment. Based on each of the arguments raised by the Appellant Giberson, the Council finds that it can be fairly argued on the basis of substantial evidence that the Negative Declaration has failed to adequately address or delineate cumulative impacts, impacts to Willow Creek and riparian areas, future access problems, geologic problems and erosion. Unless and until a new initial study is prepared to adequately address these concerns, the Council cannot approve a Negative Declaration and cannot adequately assess whether a Negative Declaration is adequate or an Environmental Impact Report is required. 2. The appeal of the tie vote by the Planning Commission regarding the Lot Line Adjustment application is decided by denying the application, based on the following findings: Lot Line Adjustment Findings: Finding No. 1 Saratoga City Code Section 14.50.040(b)(1) provides that before the Community Development Director may approve a lot line adjustment, he or she must find that the proposed lot line adjustment is consistent with the General Plan and any applicable specific plan. Government Code Section 66412(d) provides, in pertinent part, that "[a] local agency shall limit its review and approval to a determination of whether or not the parcels resulting from the lot line adjustment will conform to local zoning and building ordinances." This language, taken literally, precludes the City of Saratoga from determining whether the parcels resulting from the lot line adjustment will conform to the City General Plan or any applicable City specific plan. The California Court of Appeal has interpreted this language in appellate precedent cited as San Dieguito Partnership. L.P.v. City of San Diego (1992) 7 Cai. App.4~ 748. The language is described by the Court of Appeal as "expressing very direct limitations on the power and function of the approving agency when presented with a lot line adjustment." The Court of Appeal went on to say that: "[T]he regulatory function of the approving agency is strictly circumscribed by the Legislature in a lot line adjustment, with very little authority as compared to the agency's function and authority in connection with a subdivision. In other words, the agency is not to deal with a lot line adjustment in a way similar to the way it deals with a subdivision." The City Council was made fully aware of the limitations described above and made its findings and decision within the scope of its authorized regulatory function and particularly on the basis that the parcels resulting from the Lot Line Adjustment will not conform to the City Zoning Ordinance or the City Building Ordinance. Finding No. 2 Saratoga City Code Section 14.50.040(b)(2) provides that before the Community Development Director may approve a lot line adjustment, he or she must find that a proposed lot line adjustment is consistent with the regulations contained in the Zoning Ordinance and this Chapter (Chapter 14 entitled "Subdivision Regulations"). For the purpose of this finding by the Resolution 01- 055 Page 2 of 4 Community Development Director, a lot line adjustment shall be deemed consistent with the Zoning Ordinance if no new violation of such regulations is created by a lot line adjustment, or if the nonconformity created by a lot line adjustment is specifically approved by the advisory agency through the appropriate process, such as the granting of a variance or use permit under Chapter 15 of this Code or the granting of an exception under this Chapter. Government Code Section 66412(d) authorizes a "determination of whether or not the parcels resulting from a lot line adjustment will conform to [the] local zoning ordinance[]." However, the Saratoga City Code provides that if no new violation of the City Zoning Ordinance is created by a lot line adjustment, the Community Development Director (but not necessarily the City Council) shall deem it consistent with the City Zoning Ordinance. The City Council finds that the subject application does create a new violations of the City Zoning Ordinance in that there are now two legal parcels, one of which complies with the minimum lot area set forth in the City Zoning Ordinance and one which does not, and approval of the Lot Line Adjustment will merely reverse the parcels so that the one which complies will no longer comply and the one which does not comply will comply. Furthermore, the City Council finds that the Lot Line Adjustment will result in a violation of the City Zoning Ordinance based on the Section 15-13.060(e) of the Saratoga City Zoning Ordinance. Section 15-13.060(e) governs "exempted lots" in the Hillside Residential Zoning District in which Parcel 517-22-111 is located. That Section provides that "any lot ... legally created is exempt from the density requirements set forth in subsection (a) of this Section provided such lot was created prior to April 25, 1978. Any lot so exempted will not lose its exempt status if the following event takes place subsequent to April 25, 1978: The lot is enlarged by the addition of land from any adjoining parcel." Here, the lots are zoned Hillside Residential and the Lot Line Adjustment would make one smaller. Hence the City Zoning Ordinance effectively provides that the lot which is made smaller has lost its exemption and must comply with density requirements. The lot which would be made smaller does not comply with the density requirements of the City Zoning Ordinance. In addition, the proposed Lot Line Adjustment does not conform to the City Zoning Ordinance in that the Applicant has not demonstrated conformance of resulting lots with development criteria provisions set forth at City Code Section 15-13.050 related to feasible access, impacts to Willow Creek and destruction of riparian vegetation, geologic problems, and erosion. In addition, the proposed Lot Line Adjustment does not conform to the City Building Ordinance in that the Applicant has not demonstrated conformance of resulting lots with provisions related to geologic hazards (City Code Chapter 16.65) and erosion and steep slopes (City Code Section 16.15.140). Finding No. 3 Saratoga City Code Section 14.50.040(b)(3) provides that before the Community Development Director may approve a lot line adjustment, he or she must find that a proposed lot line adjustment will not conflict with easements, acquired by the public at large for access Resolution 01- 055 Page 3 of 4 through or use of the subject properties. In this connection, the Community Development Director may grant tentative approval if he finds that alternate easements for access or use will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is granted to the Community Development Director or to the Planning Commission to determine that the public at large has acquired easements for access through or use of any portion of the subject properties. Government Code Section 66412(d) authorizes an advisory agency or local agency to impose conditions or exactions on its approval of a lot line adjustment to conform to local zoning and building ordinances or to facilitate relocation of existing utilities, infrastructure or easements. No easements acquired by the public at large for access through or use of the subject properties have been identified. Finding No. 4 The Lot Line Adjustment cannot be approved based on noncompliance with the California Environmental Quality Act. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 15th day of August, 2001. AYES: Councilmembers Evan Baker, Stan Bogosian, Ann Waltonsmith, Vice Mayor Nick Streit, Mayor John Mehaffey NOES: None ABSENT: None ABSTAIN: None !e-en Boye}~ . -,: . .z~*,' John/~haffey, Mayor /,,, t,, / Page 4 of 4 Resolution 01- 055