HomeMy WebLinkAboutCity Council Resolution 23-011 PC 4290 Off Site ReviewsRESOLUTION NO.23-011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AUTHORIZING PROCEDURES FOR REVIEW OF DEVELOPMENT CONDITIONS
SUBJECT TO PUBLIC RESOURCES CODE 4290
WHEREAS, in accordance with Public Resources Code 4290 the State Board of Forestry has
adopted regulations establishing wildfire protection standards for development in Very High Fire Hazard
Severity Zones (VHFHSZ); and
WHEREAS, these regulations are set forth at 14 Cal. Code Regs. § § 1274.00 et seq. and are
known as the "Fire Safe Regulations;"
WHEREAS, the Fire Safe Regulations establish various roadway standards that, due to the
topography in the City of Saratoga, are not met by many current roads and improving these roads to meet
the roadway standards would pose significant engineering, environmental, and economic challenges; and
WHEREAS, in certain cases conditioning approval of residential development on completion
of off -site roadway improvements pursuant to the Fire Safe Regulations may be in violation of state and/or
federal law.
NOW, THEREFORE, the City Council of the City of Saratoga hereby determines that
applications for single family residences (including accessory dwelling units and accessory structures)
on existing lots on existing roads that do not require a conditional use permit unrelated to the
residential use in the Very High Fire Hazard Severity Zone subject to the Fire Safe Regulations shall
be processed as follows:
I . Applications shall be forwarded to the reviewing authority specified in the regulations;
2. Following this review, if the reviewing authority determines that project changes or conditions
concerning offsite roadway improvements are required, the applicant may request that the City review
those changes or conditions to determine if they may violate state or federal law by submitting a
written request together with documentation of the facts and circumstances that the applicant believes
create a conflict with state or federal law;
3. The City Attorney, in conjunction with Department of Public Works and the Community
Development Department, shall review the application; and
4. If the City Attorney determines that the offsite roadway improvement conditions are likely to
violate state or federal law then the Community Development Department shall not impose the
conditions so identified as part of the permit(s) issued for the project.
Resolution 23-011
Page 2
PASSED AND ADOPTED by the City of Saratoga City Council on this V day of March
2023 by the following vote:
AYES: COUNCIL MEMBERS AFTAB, PAGE, WALIA, VICE MAYOR ZHAO,
MAYOR FITZSIMMONS
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Kookie Fitzsimmons, Mayor
ATTE T:
Britt Avrit, MMC, City Clerk
1622738.2