The URL can be used to link to this page

Home My WebLink About49-20RESOLUTION 49-20 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS TO APPROVE A CERTIFICATE OF CORRECTION TO AMEND TRACT MAP No. 1288 AND ABANDON THE 100 -FOOT, 75 -FOOT AND 50 -FOOT BUILDING SETBACK LINE EASEMENTS FOR LIGHT AND AIR ON LOTS 1 - 9 OF THE TRACT MAP 1288 WHEREAS, in June 1954, the 14 -lot subdivision known as Crestview Tract No. 1288 was approved by the Board of Supervisors of Santa Clara County with 50 -foot, 75 -foot, and 100 -foot building setback lines (`BSBLs") for light and air over Lots 1 through 9; and WHEREAS, as provided in Los Altos Hills Municipal Code Section 9-1.1210, the City Council of the Town of Los Altos Hills is the approving authority for modifications to final maps; and WHEREAS, on June 20, 2019, the City Council of the Town of Los Altos Hills ("Town") approved a certificate of correction to abandon the 100 -foot BSBL on Lot 4 of Tract No. 1288; and WHEREAS, on April 1, 2020, the City Council approved a certificate of correction to abandon the 75 -foot BSBL on Lot 6 of Tract No. 1288; and WHEREAS, on June 18, 2020, the City Council approved a certificate of correction to abandon the 100 -foot BSBL on Lot 5 of Tract No. 1288; and WHEREAS, Lots 1, 2, 3, and 9 of Tract No. 1288 have 50 -foot BSBLs for light and air; and WHEREAS, Lots 7 and 8 of Tract No. 1288 have 75 -foot BSBLs for light and air; and WHEREAS, at the June 18, 2020 regular meeting of the City Council, the City Council directed staff to prepare a Map Adjustment permit for a Certificate of Correction to abandon all remaining BSBLs for light and air on Tract No. 1288 to facilitate the expeditious processing of future Map Adjustment requests; and WHEREAS, at the August 6, 2020 regular meeting of the Planning Commission, the Commission forwarded a recommendation to the City Council to approve Map Adjustment Permit MA20-0003 and approve a Certificate of Correction amending the tract map and abandon the remaining 75 - foot and 50 -foot building setback lines for light and air on lots 1, 2, 3, 7, 8 and 9; and WHEREAS, the Town, as Lead Agency for environmental review for, has determined the Map Adjustment permit is categorically exempt from the provision of the California Environmental Quality Act per CEQA Guidelines Section 15305 because it involves minor alterations in land use limitations which do not result in changes in land use or density; and Resolution 49-20 Page I WHEREAS, in accordance with Government Code Section 56153, 56156 and Section 56157, the City Clerk of the Town has provided mailed notices of the public hearing on the abandonment to all property owners within the Tract and all property owners within 500 feet of the Tract; and NOW, THEREFORE, BE IT RESOLVED, as follows: A. That the City Council of the Town of Los Altos Hills finds that: There are changes in circumstances that make any or all of the conditions of the map no longer appropriate or necessary; and 2. The modifications do not impose any additional burden on the present fee owner of the real property; and 3. The modifications do not alter any right, title, or interest in the real property reflected on the recorded map and the City Council finds that the snap, as modified, conforms to the provisions of Government code Section 66474. B. That the City Council of the Town of Los Altos Hills hereby approves a Certificate of Correction to the Map of Tract No. 1288 abandoning all building setback lines for light and air on Lots 1 through 9 on attached Exhibit "A" and incorporated herein. C. That the approval of a Certificate of Correction to the Map of Tract No. 1288 is subject to the conditions of approval attached as Exhibit `B" and incorporated herein. The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on 20t1i of August 2020 by the following vote: AYES: Wu, Tankha, Corrigan, Spreen, Tyson NOES: None ABSENT: None ABSTAIN: None ATTEST: Deborah L. Padovan, City Cleric Michelle Wu, Mayor Resolution 49-20 Page 2 Exhibit A FINAL MAP AMENDMENT FINDINGS FOR APPROVAL Tract No. 1288 — Dawnridge Drive File #MA20-0003 1. There are changes in circumstances that make any or all of the conditions of the map no longer appropriate or necessary. The change from County to Town jurisdiction is a circumstance that makes the existing building setback line no longer appropriate or necessary. Pursuant to Section 10-1.505 of the Town Municipal Code, the current practice of the Town is to require a 40 foot front and 30 - foot side setbacks for all structures on a lot. However, this is a minimum standard and the City Council and Planning Commission have the discretion to apply stricter standards to increase setbacks where site specific constraints dictate further limitations, such that the purposes of the ordinances are complied with. In this instance, the 75 foot and 50 foot building setback lines were approved by the County of Santa Clara prior to Town incorporation, with all encumbrances on this lot transferred to the Town when annexation occurred. Since this setback line was not required by the Town, nor is it supported by any of the Town's current policies, it no longer appears to be appropriate or necessary. 2. The modifications do not impose any additional burden on the present fee owner of the real property. The modification of the existing setback lines is a reduction in burden and does not impose any additional burden on the present fee owner of the real property. 3. The modifications do not alter any right, title, or interest in the real property reflected on the recorded map and the City Council finds that the map, as modified, conforms to the provisions of Government Code Section 66474. The modification to remove the existing 75 foot and 50 foot building setback lines does not alter any right, title, or interest in the real property reflected on the record map that would not be normally conferred under present day Town standards regarding site development. The modification to the map conforms to Government Code Section 66474 and is consistent with the Town's General Plan. Resolution 49-20 Page 3 Exhibit B FINAL MAP AMENDMENT RECOMMENDED CONDITIONS OF APPROVAL Tract No. 1288 — Dawnridge Drive File #MA20-0003 1. Any further changes or modifications to the project shall be first reviewed and approved by the Planning Director. 2. The property owner shall provide a legal description and plat exhibits prepared by a licensed land surveyor that describe the lot without the building setback line. The document shall be signed and notarized by the property owner, then recorded with the Santa Clara County Recorder. A copy of the recorded document shall be returned to the Town within one year of the approval date, otherwise approval will expire, and applicant shall be required to apply anew. 3. No Planning application or Building permits associated with the building setback area will be accepted by the Town until the legal description and plat exhibits are recorded by the County Recorder's Office and returned to the City Cleric's Office. Resolution 49-20 Page 4 6.� 0I q6 FF d p $f"•9 w a g• g e, v• v `°I z �a j• o00A" d ti1200T 8� �� Ls r," �9 d Ss .��. ��'6 B's m� ��e.�' •oR a ,.°,3.At �•C� r��• � 0 U u1� 45 oh mda0a �� o cgya� a'P c€r [�" 2z Sa"6 r5"�° F OILLIQN cc ccw e aw�oga ¢HqR f!o o -y 5 •.A "' v a $.o. •g o°.v� Wdg E..�.. u_a W.nm ^i �•� O"'� $ W•tl w6��49. �• W'Cb W o z E ea Z` 9 o ,;s o ,L•�I o 6 .0 6 (�, < o R - Qba�y �- RUN;9Am . E d to sa b iibI o/a 1 � �'a ,4 •P _ e � 6 RI I _•� iQ 1 � C '3 tl it p �a ' '�• �' 3 dam, F i v9•e ,A� �`�^ 1�C. e§ ".a m'L' i� •� '{uLrj' _. 'g o i2 0 G .'". a ra i� 9 gtAA a As ,� x ' N kgs s `B .e •�' o'.J m > $ r d `ems s c• cx R � 'AY'9 §']'Av9• � a to � $ Lam= € W � � o i^,, 9 `••AYY§•anY! C' Cv{�` �5 ,..� 'g .9 W •- 1 ATO d. A.9 rYY.Air,P ��' A (P.Obi•k. 'S �.,F�e � � iJ +tl..�•�' O ' �-'F•..�� "�� S a ^n) IQ 1'6e• •e';p,9A o� e Z IR �' z e w S R �- 3 .�'. 'Q � .&5�z� 5aae�8,�sa3 �_ .� �'��¢E�eS�` d oem•_h7 a '� i'i ' "' 9x " o .g 5 S•.a a¢uA B w In 1€ t- A 73 1 • °��iy r '3• a >•'� a 'c a F-�,.$ 'E o e Y W °•e'i pa 1 ei rr g 78 .� I � � $� �� `v,a. $uy ,�-��.0 uF go'a_�>�z �� s usE�•�� B Waal* '481 " • � 9 oW`` r 7 a 3 7H N. •ao � ......... 't fr . �` y9V �a ,...fir 'rb�riin �' /� 4 r S 6 " E NN '•3 y� I n 1'oj° r •••.�.. 4t•D /"r E' ' •o �4q 1. •'•�_^'£ 3 p tj N.. o •aR y �. `� e, 9a+�'yad'a' 11S44d !a •..`.` r 2 a •r? c �r y� g• "R! •� g �sG4' 8 °� s�a "�� r'•°o ^.°Y'4: .�. '�t ` yP fi 5•�7u ''�^ '� 'off• N'.,gv2_' -` .R-^ g �' E- 9 'tjaD s -A 35 �' °.°xb `k%y �.e• i8 ee• • `.tby, k+ 'a � o '•'�'e p o �n�� .e � Y� •i A� sjY.'ti%lam a o :x R � � � ' 6 % •� � �. � w84 " `` ' •§1 �.BP•. :. H. 5 R = aac", e9 4••' -ago ��- 4.... ""8 o• a�� ,, •3'� .� b p Y v �. e $ 8 g v ',+�-j 5 °�LL ILLI 4°J C..:} 4 T 2. } Y FY 'e �y 'l 6 3 �F 3'/ Resolution 49-20 Page 5