02/04/1998 (2) - Laserfiche WebLink

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The Planning Director outlined the background information on this item for the Council. He noted that the applicant proposed to construct a new two-story residence (with a basement) and cabana, with a total square footage of 8,825 square feet, on a 4.40 acre lot. The applicant was requesting that the Matadero Creek subdivision conditions of approval be modified to allow a maximum development area of 12,983 square feet, rather than the 9,340 square feet currently permitted for Lot 7 (the Town's Zoning Code would allow 47,345 square feet). On January 14'h the Planning Commission voted to deny this request. The Planning Director noted that when the Matadero Creek Subdivision was approved in 1981 the approval included conditions restricting the development area and the roof height for each of the twenty lots. The development area for each lot was based on the unencumbered area of the lot (not counting conservation and open space easements). These conditions were included in the conditions covenants and restrictions (CC&Rs) for the subdivision. The CC&Rs also created an Architectural Review Committee to review and approve the design of the homes in the subdivision. According to the CC&Rs, when the last lot was sold (this occurred in 1984) the Town would no longer be involved in the Architectural Review Process or in the enforcement of the CC&Rs. The City Attorney had notified the City Council that while they had no authority or obligation to enforce the CC&Rs, they did have the authority and responsibility to enforce the subdivision conditions of approval. In 1986 the City Council adopted Ordinance #305 which modified the definition of development area. The new definition included the second floor area in the calculation of development area. Confusion resulted in 1997 when the applicants submitted plans which included the second floor thus increasing the development area from 9,340 square feet (the amount allowed by the subdivision conditions of approval) to 12,983 square feet. The Planning Director noted that according to their review of the subdivision the second floor area had not been counted in the past and therefore should not be counted for the remaining two undeveloped lots in the subdivision. The Planning Director referred to the following options for the Council's consideration: 1. Deny the amendment and determine that the Town's current definition of development area should be applied to this and all subsequent development requests in the subdivision. This would require redesign of the project to comply with the development area and building coverage requirements. 2. Approve the applicant's request to amend the MDA allowable under the subdivision conditions of approval, but only to the extent of the second floor area approved for the site development permit; and direct the applicants back to the Planning Commission for site development review of the house. This would allow the applicants to move forward with review, and would also accommodate some increase in building coverage, depending on how much second floor area is approved. 3. Approve the request as per #2, but limit the building coverage to the limitations of the subdivision conditions (44% of 9,340 = 4,110 square feet), or as allowed by Resolution No. 1559, which provides for additional building coverage if second floor area is limited to less than 2,000 square feet. This approach would assure that the original intent of the building coverage provisions would be met. 4. Direct the City Attorney to review the issue further to determine whether a map amendment is necessary. This would allow additional input m to whether the Council could "interpret" the subdivision conditions to apply the 1981 definition of "development area" to the subdivision MDA restrictions in Matadero Creek. February 4, 1998 Regular City Council Meeting