HomeMy WebLinkAboutCity Council Resolution 1007 BEFORE THE CITY COUNCIL OF THE CITY OF SARATOGA
In the Matter of: )
)
Ruling Upon An Application By ) RESOLUTION NO. 1007
RALPH MARES 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. )
)
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." 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 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."
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 A";
On January 4 , 198 L Ralph Mares filed an applica-
tion for an exception under Section 7 of the Initiative Ordinance
for property consisting of SDR~1403.
Noticed public hearings were held on March 4, 1981,
March 18, 1981, and April 1, 1981, and on the latter two dates,
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 applica-
tion 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 956.1.
The questions 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 20.5 acres
located in the area which is the subject of the
Initiative Ordinance;
b. The property is the subject of a land division
proceeding designated as SDR-1403 which consists
of four (4) lots, for which tentative map approval
was granted by the City on July 26, 1979. A
one-year extension was thereafter granted con-
tinuing this approval to January 26, 1982.
c. The site was annexed to the City of Saratoga
per the conditions of the tentative map, along
with the adjacent property owned by Cone and a
portion of the property of Horvath on April 11,
1980.
d. The applicant has not submitted any improvement
plans to the Public Works Department at this time
for this site approval.
e. According to the applicant, the project is one
month from completion and, if delayed until the
Specific Plan has been adopted as required by
Measure A, will result in hardship and economic
loss to the applicant in the amount of $600,000,
and loss of the property.
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 is thirty-two
percent (32%). By Measure A density standards,
the property would accommodate five (5) lots
and therefore does meet the density standard of
Section 4a of the Initiative Ordinance.
b. A geologic investigation has been done on the
property and received and reviewed by the City
Geologist. The City Geologist approved the geo-
technical investigation prior to the applicant
receiving tentative map approval. A potentially
active landslide exists on the site as well as
two fault traces. Scenic easements and setback
zones were established over these features through
the tentative map process.
c. SDR-1403 does not front directly onto ~Pierce
Road but does front onto Mt. Eden Road, the
traffic from which outlets directly onto Pierce
-2-
Road. The Land Development Committee attempted
to condition the site to coordinate access for
it with the adjacent properties so that ultimately
one road would serve the Cone and Mares properties
as well as the two wineries to the rear. Although
work had begun on the access, no agreement was
reached with these property owners prior to the
passage of Measure A. The tentative map approval
for the property also contained a condition that
the owner provide a prorata share toward Pierce
Road and fire station improvements. Access to
SDR-1403 does involve questions of ingress, egress
and traffic circulation which should be addressed
by the Specific Plan and, until the Specific Plan
for the area is adopted, it is not possible to
determine that alternate access roads are fully
compatible with the goals of the Initiative Ordinance.
d. The standards for the preservation of rural
character set forth in Section 4c of the Initiative
Ordinance must be met in order to permit the granting
of a hardship exemption. Regulations cannot be
established to insure, to the fullest extent
feasible, that this development will avoid the
geologic hazards present on the property. Other
regulations and controls can be imposed which will
avoid or control erosion, preserve the natural
drainage system, topography and natural creekside
vegetation.
e. SDR-1403 is proposed to be developed in one stage
and the provisions for staging of growth set
forth in Section 4d are not applicable.
f. The ability of the City to require any proposed
development to meet the standards of Section 4e
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 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 that 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 4a of the Initiative Ordinance, the Council
adopts that interpretation of the slope density formula of proponents
which provides the maximum permissible density.
-3-
a. The proposed development is in agreement with
the maximum density standards of Section 4a of
the Initiative Ordinance.
b. It is not possible to make the determination
that SDR-1403, if permitted to proceed with
development, would be in agreement with the
access and circulation standards of Section 4b
of the Initiative Ordinance.
c. SDR-1403 cannot be developed in a manner which
will comply with the preservation of rural
character standards of Section 4c(1). The
remaining standards of Section 4c can be met
through the imposition by the City and acceptance
by the applicant of regulations and controls
to avoid and control erosion and preserve the
natural drainage system, topography and natural
creekside vegetation.
d. SDR-1403 complies with the staging of growth
standards of Section 4d of the Initiative
Ordinance.
e. The ability of SDR-1403 to meet the street and
storm drain maintenance standards of Section 4e
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 con-
templated by Section 4e.
The Council therefore finds that it cannot require
the applicant to comply with the standards of
Section 4e 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 Ralph Mares for an exception under
Section 7 of the Initiative Ordinance, the City Council makes the
following determination: The application for an exception under
Section 7 of the Initiative Ordinance for SDR-1403 is denied without
prejudice. The applicant may wish to and should have the opportunity
in the future to make an additional showing for an exception under
Section 7 of the Initiative Ordinance.
, , , , · , ,
The above and foregoing resolution was duly and regularly
passed and adopted at a regular meeting of the City Council of the
City of Saratoga held on the 15th day of .. April , 1981,
by the following vote:
AYES, and in favor thereof, Councilmembers:
Clevenger, Jensen, Watson and Mayor Callon
NOES, Councilmembers: Mallory
ABSENT, Counci lmembers: None ~/'
ATTEST: ...r Mayor
City Clerk
-4-