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HomeMy WebLinkAboutCity Council Resolution 963 BEFORE THE CITY COUNCIL OF THE CITY OF SAfu\TOGA In the Matter of: } } Ruling Upon An Application By } Blackwell Homes for the Grant } of an Exception from the Interim } Restrictions Imposed by the ) Initiative Ordinance Adopted by ) the Voters in an Election Held ) on April 8, 1980. } ) RESOLUTION NO. 963 At a special election ordered consolidated with the general municipal election and held on April 8, 1980, the voters of the City of Saratoga adopted an ordinance entitled "An Initiative Ordinance Directing Preparation of a Specific Plan for Preservation of the Rural Character of the Northwest Hillsides of the City of Saratoga and Imposing a Moratorium on Developmen':: Pending Completion of Said Plan. 11 The Initiative Ordinance is also commonly referred to as Measure A. It went into effect on April 25, 1980í Section 7 of the Initiative Ordinance provides that: 1: SECTION 7. INTERIM RES'l'RICTIONS Pending fiDal completion of the requirements of Section 3, no zoning changes, land divisions, subdivisions, building or grading permits for construction of a new residence, or other land development approvals of any kind shall be issued in the subject area, nor any applications accepted therefor; provided, that upon a showing of extreme hardship and in agreement with the provisions of this initiative, exceptions may be granted after two noticed public hearings by a 4/5's vote of the City Council. II To implement section 7, the City Council on June 4, 1980, adopted Resolution No. 956.1, a "Resolution of the City Council of the City of Saratoga Establishing Criteria for Evaluating Hardship Exemption Applications Under Section 7, Interim Restrictions of Measure An; On Apr; 1 ?? , 1980, Blackwell Homes filed an application for an exception under section 7 of the Initiative Ordinance for property consisting of Tract 6526 and Tract 6528 (also commonly referred to as the Parker Ranch)¡ Noticed public hearings were held on }1ay 21, 1980, June 4, 1980, and July 8, 1980, at each of which the applicant was heard and presented evidence. In addition, all other persons wishing to be heard were heard; Members of the City Council have inspected and are familiar with the property; each has reviewed the City's files pertaining to the subdivision applications and the Environmental Impact Report proceedings, has read the written record pertaining to the application for an exception and has listened to, considered and evaluated the testimony at the public hearings and the presentation by staff, in accordance with Resolution No. 956.1; The question before the City Council upon the question of whether or not to grant an exception under section 7 is whether there is a showing by the applicant (1) of extreme hardship and (2) that the proposed development is in agreement with the provisions of the Initiative, NOW THEREFORE the City Council finds and determines as follows: 1. The evidence with respect to whether or not there is a showing by the applicant of extreme hardship is substantially as follows: a, The property consists of approximately 218 acres located in the northwesterly portion of the area which is the subject of the Initiative Ordinance; b. The property is the subject of two subdivision proceedings: Tract 6526 which consists of 19 lots for which final map approval was granted by the City on July 10, 1979; Tract 6528 which consists of 76 lots for which a tentative map approval was granted by the City on September 13, 1978, and on appeal, by the City Council on November 1, 1978. c. As of March 31, 1980, the applicant had installed on-site subdivision improvements in Tract 6526. In addition the applicant had installed some offsite improvements required by the City as conditions of approval of the tentative maps for both Tracts, The applicant has also incurred expenses for (1) planning, civil and soils engineering and lanscape architecture services and (2) fees and bonds. The details of these expenses and the allocation of them to Tract 6526 and Tract 6528 are set forth in the declaration of Kenneth Blackwell dated July I, 1980, and filed with the City Council. d. In Tract 6526 and preceding the adoption of the Initiative Ordimnce, the City had issured 4 building permits and the applicant had performed some foundation work under the permits. On april 16, 1980, the City directed the issuance of stop work orders and on July 8, 1980, the City Council rescinded this motion so that upon a showing under section 8 of the Initiative Ordiance, the applicant may have these building permits reinstated. These 4 building sites are excluded from the City Council's consideration of this application under section 7 of the Initiative Ordinance. 2. The evidence with respect to whether or not the proposed developemnt is in agreement with the provisions of the Initiative Ordinance is substantially as follows: a. The average slope of the property comprising both Tracts is 28.4 percent. The maximum density specified in section 4.a. of the Initiative -2- Ordinance is 12 lots for Tract 6526; final map approval is for 19 lots. The maximum density specified in section 4.a. of the Initiative Ordinance is 48 lots for Tract 6528; tentative map approval is for 76 lots. The development as proposed by the applicant for both Tract 6526 and Tract 6528 does not meet the density standard of section 4.a. of the Initiative Ordinance; b. The development of both Tract 6526 'Hill not require the improvement of Pierce Road because it is no,t served by Pierce Road. Both Tracts as approved comply with the Circulation Element of the City's General Plan. Alternate access for Tract 6526 can be developed to Prospect, an existing road~ and this is fully compatible with the goals of the Initiative Ordinance. However, alternate access for Tract 6528 would require an extension of Comer Drive and until the specific plan for the area is adopted, it is not possible to determine that this alternate access is compatible with the goals of the Initiative Ordinance; c. The standards for the preservation of rural character set forth in section 4.c. of the Initiative Ordinance can be met by Tract 6526 through the establishment of regulations and controls which will avoid geologic hazards, control erosion, preserve the natural drainage system, topography and natural creekside vegetation; d. The subject property is proposed to be developed in 3 stages. Both Tracts 6526 and 6528 meet the provisions for staging of growth set forth in section 4.d. e. The ability of the City to require any proposed development to meet the standards of section 4.e. for street and storm drain maintenance is impaired by Article XIII A of the California Constitution and court decisions interpreting it. Article XIII A limits the levy of ad valorem taxes on real property and provides for their collection and apportionment by the County as provided by law. The City can levy a special tax only upon approval by a 2j3rds vote of its qualified electors. The City is authorized to form a special assessment district as a means for financing the construction of improvements by the levy of an assessment spread over properties upon the basis of benefit received; however there is no authority authorizing the City to levy an annual assessment over the benefitted properties for maintenance of streets and storm drain facilities. 3. Upon the issue of extreme hardship, the City Council finds as follows: a. As to Tract 6526, the applicant has sustained its burden and there is a showing of extreme hardship within the meaning of section 7 of the lnitiative Ordinance; -3- b. As to Tract 6528, the applicant has not sustained its burden and there is not a showing of extreme hardship within the meaning of section 7 of the Initiative Ordinance. 4. Upon the issue of agreement with the provisions of the Initiative Ordinance, the City Council finds as follows. In determining whether the application meets the density standards of section 4.a. of the Initiative Ordinance, the Council adopts that interpretation of the slope density formula which provides the maximum permissible density. a. Neither Tract 6526 nor Tract 6528 is in agreement with the maximum density standards of section 4.a. b. Tract 6526 is in agreement with the access and circulation standards of section 4.b. Tract 6528 is not in agreement with the access and circulation standards of section 4.b. c. Tract 6526 and Tract.6528 can be developed in a manner which will comply with the preservation of rural character standards of section 4.c. through the imposition by the City and acceptance by the applicant of regulations and controls to avoid geologic hazards, control erosion and preserve the natural drainage system, topography and natural creekside vegetation. d. Tract 6526 and Tract 6528 each complies with the staging of growth standards of section 4.d. e. The ability of Tract 6526 and Tract 6528 to meet the street and storm drain matntenance standards of section 4.e. has been impaired. While it is possible to finance the construction of streets and storm drains by means of special assessments, it is not possible at this time to finance the cost of maintaining these facilities on an annual basis by the levy of an assessment, as is contemplated by section 4.e. The Council therefore finds that it cannot require the applicant to comply with the standards of section 4.e. to the extent that it is impossible to do so. 5. Upon the basis of the records, files and proceedings relating to the application of Blackwell Homes for an exception under section 7 of the Initiative Ordinance the City Council makes the following determinations: a. The application for an exception under section 7 of the Initiative Ordinance for Tract 6526 is granted upon the condition that the number of lots be reduced to 12 in order to conform with the density provision of section 4.a. of the Initiative Ordinance; -4- b. The application for an exception under section 7 of the Initiative Ordinance for Tract 6528 is denied without prejudice upon the basis that th~ applicant may continue to process the tentative map up to but not including final map approval. The applicant may wish to and should have the opportunity in the future to make an additional showing for an exception of Tract 6528 under section 7 of the Initiative Ordinance. The above and foregoing resolution was duly and regularly passed and adopted at a adjourned special meeting of the City Council of the City of Saratoga held on the 22nd day of July , 1980, by the fallowing vote: AYES: Clevenger, ì1allory, Watson, Callon NOES: Jensen ABSENT: None (::i::~ ,(?l;',.. ,..t ._...A.... ,-4\.-.'-.... MAYOR-- A~~" ',- .... \ \ '" "'!~ ", "'"' ", ,,' ,!It. C l' CLE ~,. -5-