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HomeMy WebLinkAboutCity Council Resolution 965 BEFORE THE CITY COUNCIL OF THE CITY OF SARATOGA In the Matter of: ) ) Ruling Upon An Application By ) Parnas Corporation 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. 965 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 Development Pending Completion of Said Plan. II The Initiative Ordinance is also commonly referred to as Measure A. It went into effect on April 25, 1980; Section 7 of the Initiati¥e Ordinance provides that: "SECTION 7. INTERIM RESTRICTIONS Pending final 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 applica- tions 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." 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 All; On April 22, 1980, Parnas Corporation filed an application for an exception under Section 7 of the Initiative Ordinance for property consisting of Tract 5928 and Tract 6665. Noticed public hearings were held on June 4, 1980, July 2, 1980, July 8, 1980, July 22, 1980, July 30, 1980, and August 21, 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 wi th the property; each has revie-vled the Ci ty IS 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 123.7 acres located in the southwesterly portion of the area which is the subject of the Initiative Ordinance; b. The property is the subject of two subdivision proceedings: Tract 5928 which consists of 8 lots for which final map approval was granted by the City on September 21, 1977; Tract 6665 which consists of 34 lots for which a conditional tentative map approval was granted by the City Planning Commission on April 25, 1979. c. According to the applicant it is a small company which depends substantially on bank loans to make its projects work. Applicant indicates the following: it borrowed $1,700,000 from United California Bank to buy the property ($1,100,000 for Tract 6665 and $600,000 for Tract 5928); it borrowed over $300,000 more from United California Bank for various costs and fees (Tract 5928: approximately $191,000 following recording of the final map; Tract 6665: approximately $273,000, of which approximately $193,550 was spent following tentative map approval). Applicant has presented letters from United California Bank, as late as July 11, 1980, stating that its loan will mature on September 1, 1980, and that the Bank will not consider a loan extension and will demand payment at maturity since there appears to the Bank to be no definite course of action to obtain a final map and building permits. The applicant states it will lose substantially all of its $2,OOO,000-plus investment if it is not granted an exception. The details of the foregoing are set forth in the following documents: (1) letter of Leonard Borello dated April 22, 1980; (2) 12-page letter of Steven M. Bernard received on June 26, 1980; (3) II-page letter of Steven M. Bernard dated June 25, 1980; and applicant's presenta- tion on July 8, 1980, and July 22, 1980. 2. The evidence with respect to whether or not the proposed development is in agreement with the provisions of the Initiative Ordinance is substantially as follows: a. The average slope of the property comprising Tract 5928 is approximately 23.5% and Tract 6665 - 29%. The maximum density specified in section 4,a, of the Initiative -2- Ordinance is 4.6 lots for Tract 5928; final map approval is for 8 lots. The maximum density specified in section 4.a. of the Initiative Ordinance is 29 lots for Tract 6665; tentative map approval is for 34 lots. The applicant has stated that it does not object to reducing the total number of lots in each tract to meet the density requirements of section 4.a. for each tract. The development as proposed by the applicant for each tract does not meet the density standard of section 4.a. of the Initiative Ordinance; but the development as proposed to be reduced in density by the applicant does meet such density standards; b. The proposed development will require improvement of Pierce Road but not in a manner that will significantly alter the character of its corridor since it involves only paved width of up to 26 feet, as practical, under the direction of the Director of Public Works, a two- inch asphalt overlay on existing payment, and minimal disturbance to topography and landscape. Access by a road from Pierce Road into the proposed development can be provided in the following manner so as to be compatible with the goals of the Initiative Ordinance: (1) such access road will not connect with the present westerly terminus of Tollgate Road as shown on the tentative map for the subject property but will terminate at a precise point to be determined by the Director of Public Works westerly of the swale which traverses the property in a generally north/south direction, such termination point to be in the north- easterly portion of the proposed development on the road as currently shown on the tentative map; (2) at such termination point, there is to be constructed a rigid gate which will be opened only for emergency access to and from the present westerly terminus of Tollgate Road, in substantially the same manner as was approved in the tentative map for Blackwell Homes, Unit II (Tract 6528); (3) the emergency access road mentioned in item (2) will presently be designed to City standards as a fully improved public street from the termination point to the present westerly terminus of Tollgate Road, but will presently be constructed to minimum access road standards from such termination point to the present westerly terminus of Tollgate Road sufficient for emergency vehicles but not normal traffic, all as directed by the Director of Public Works, subject to the applicant offering the minimum access road on the subject property for dedication as a public street and posting a bond for two years with the City guavanteeing its construction by the applicant at its cost as a fully improved public street if required by the City pursuant to the specific plan to be adopted under the Initiative Ordinance; (4) the Initiative Ordinance Citizens I, Advisory Committee will study, review and comment on whether this access road from Pierce Road will ultimately be a permanent cuI de sac approximately at the termination point designated in (1) above, or whether it will connect with the present westerly terminus of Tollgate Road as a fully improved public street. The interim design and construction of the access road in the foregoing -3- manner is intended to Leav~the Citizens' Advisory Committee flexibility in studying and considering access and circulation through the proposed develop- ment and recommending methods deemed by it to be most 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 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 2 stages with underground site work in the first phase and houses to be built according to market demand. This meets 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 andprovides for their collection and apportionment by the County as provided by law. The City can levy a special tax only upon approval by a 2/3rds 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 to each Tract that the applicant has sustained its burden and there is a showing of extreme hardship within the meaning of section 7 of the Initiative Ordinance. 4. Upn 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 the interpretation of the slope density formula which provides the maximum permissible density. a. Each Tract is in agreement with the maximum density standards of section 4.a. if reduced in density as proposed by the applicant in Paragraph 2.a. above. b. The development is in agreement with the access and circulation standards of section 4.b. if the applicant complies with the conditions set forth in Paragraph 2.b. above. -4-