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HomeMy WebLinkAboutCity Council Resolution 969 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. , BNOOTKAPPROVED: PLACED IN RESOLUTION o FOR REFERENCE ONLY RESOLUTION NO. 969 At a special election ordered consolidated with the general municipal election and held on April B, 1980, the voters of the City of Saratoga adopted an ordinance entitled HAn 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." The Initiative Ordinance is also commonly referred to as Measure A. It went into effect on April 25, 1980; Section 7 of the Initiative 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 IIResolution of the City Council of the City of Saratoga Establishing Criteria for Evaluating Hardship Exemption Applications Under Section 7, Interim Restrictions of Measure A"; 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, and July 30, 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, has received communications pertinent to the application, 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 (I) 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: approximatély $191, OOOfóllowing 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 $2,000,OOO-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) l2-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 maximum density requirements of section 4.a. for each tract. The development as proposed by the applicant for each tract does not meet the maximum 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 maximum density standards. However, section 4.a. of the Initiative Ordinance also provides that: "Maximum densities shall be decreased on a sliding scale in relation to severity of geotechnical hazards II. As pointed out in the Final Environmental Impact Report for the property (dated February 23, 1979), and the "Ground Movement Potential Maps of the Upper Calabazas Creek Watershed, Saratoga, California", Map Sheet 4, dated January, 1980, prepared and approved by the City of Saratoga Geologist, William Cotton of William Cotton and Associates, Inc., among other sources, the property is severely constrained by geotechnical hazards. These are generally identified in the EIR in Figure 3 (for example, "Active landslide", "Recent landslide", "Area of severe active creep"; and in Part II.A: Landsliding (pp. 8-9) and Seismicity (pp. 14-15). As to landsliding, the EIR states among other things: "Landsliding is extensive on the property"; "Areas of severe active creep are numerous on the site." The possible adverse results of building on the clay and claystone underlying most of the property are set forth on pages 8 and 9 of the EIR. As to seismicity, the EIR describes the location and history of earthquake faults in the general area and on the property itself; and describes the adverse impacts that would be expected during a maximum credible seismic event with the magnitude of the 1906 San Francisco earthquake. The Cotton Maps, Sheet 4, establish the following areas of ground movement potential on substantial areas of the property: (1) "Areas of Potentially Unstable Groundll: Ps - defined in part as "relatively unstable material", commonly less than 10 feet thick, and "subject to shallow landsliding, slumpinç and soil creep activity"; and Pd - defined as "relatively unstable landslide debris commonly more than 10 feet in thickness on moderately steep to very steep slopes, subject to renewed deep landsliding. I,; (2) "Areas of Unstable Ground: Ms - Moving shallow landslides commonly less than 10 feet in thickness; Md - Moving deep landslides, more than 10 feet in thickness. "; (3) "Areas with Potential for Surface Faulting: Psf- Zone of potential surface faulting and associated ground displacement within 100 feet of a potentially active fault." -3- With respect to a proposed sewer line to be constructed through an extremely large landslide area at the south end of the property, because of the anticipated uplift due to the slide the projected life of the line according to the applicant is limited to about 20 years. Thereafter, the sewer line, according to the applicant, would have to be reconstructed by Sanitary District #4, of which the City of Saratoga is a part. with respect to the lots and building sites on the approved tentative map for Tract 6665, although a number of building sites are located within "Areas of relatively stable groundn, as described on the Cotton Maps referred to above, portions of 8 building sites are within "Areas of potentially unstable ground" (Ps), and portions of 2 building sites are within such "Areas" (MS). Also, as to Tract 6665, although portions of several of the lots are within "Areas of relatively stable ground", portions of the majority of the lots are within "Areas of potentially unstable ground" (Ms, Ps, Pd) or "Areas with potential for surface faulting" (Psf). As to Tract 5928, portions of 2 of the building sites are designated Ps, and portions of all of the lots are designated Ps, Psf, or Ms. As to the proposed roads on the property, portions of Saratoga Heights Drive and Vintage Lane are located within or cross areas designated Ps. 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 pavement, 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 -4- 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 guaranteeing 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' Advisory Commit"tee 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 manner is intended to leave 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. Because of the facts set forth in the second and succeeding paragraphs of paragraph 2.a. of this Resolution, the standards for the preservation of rural character set forth in section 4.c. of the Initiative Ordinance cannot presently be met through the establishment of regulations and controls which will, to the fullest extent feasible, avoid geologic hazards. The standards ,for the preservation of rural character set forth in section 4.c. of the Ini tiative ().rdina.:o.t:e can presently be met through the establishment of regulations and controls which will, to thè fullest exte:nt feasible, 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 th~ 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 apPQrtionment 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 -5- 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. 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 the interpretation of the slope density formula which provides the maximum permis~Üble densit.y. a. Each Tract is in '_agreement with themaximumdensi ty standards of section 4.a. if reduced in density as proposed by the applicant in Paragraph 2.a. above. However, a finding of agreement with the provision of Section 4.a. requiring decrease of such maximum density on a sliding scale in relation to severity of geotechnical hazards cannot be made at this time since the manner and/or extent, if any, of such reduction has not been determined. Such determina- tion will be made in the process of preparing and adopting the Specific Plan as mandated by the Initiative Ordinance on the basis of existing data and such other pertinent data that may be developed and considered during such process. The Initiative Ordinance requires that the Citizens' Advisory Committee referred to in Paragraph 2.b. of this Resolution be presented with all aspects of the Specific Plan referred to in sections 3 and 4 of the Initiative Ordinance for review and comment, including, among other things, the question of the manner and/or extent, if any, of maximum density reduction under section 4.a. The severe constraints resulting from geotechnical hazards on the subject property and their effect on maximum density and the proposed sewer line in this particular case should be subject to the review and comment process mandated upon the Citizens' Advisory Committee for its maximum possible input as well as to the full specific plan process mandated by the Initiative Ordinance. b. The development is in agreement with the access and circulation standards of section 4.b. if the applicant complies iwth the conditions set forth in Paragraph 2.b. above. c. The proposed development cannot presently 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, to the fullest extent feasible, geologic hazards. The proposed development can presently be developed -6- 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, to the fullest extent feasible, Control erosion and preserve the natural drainage system, topography and natural creekside vegetation. d. The proposed development complies with the staging of growth standards of section 4.d. e. The ability of the proposed development to meet the street and storm drain maintenance 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 Parnas Corporation for an exception under section 7 of the Initiative Ordinance, the City Council makes the determination that the application for an exception under section 7 of the Initiative Ordinance for both Tracts is denied. The above and foregoing resolution was duly and regularly poassed and adopted at an adjourned special meeting of the City Council of the City of Saratoga held on the _______day of , 1980, by the following vote: AYES: W~~[~tN~~Vð~LyPLACED IN RESOLUTION BOOK FOR NOES: ABSENT: MAYOR ATTEST: CITY CLERK -7-