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HomeMy WebLinkAbout83-21RESOLUTION 83-21 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS TO APPROVE A MAP AMENDMENT REQUEST AND A CERTIFICATE OF CORRECTION AMENDING A FINAL MAP TO ABANDON A HUMAN HABITATION SETBACK WHEREAS, The Town of Los Altos Hills received an application for a Map Adjustment (MA21- 0001) from Isabel Wong to abandon a 25 -foot -wide human habitation setback recorded on lot 1 of Parcel Map 609 M31 ("Project"); and WHEREAS, the Project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15305 since the project includes minor alterations to land use limitations; and WHEREAS, the Project application was processed in accordance with the applicable provisions of the California Government Code and the Los Altos Hills Municipal Code; and WHEREAS, the Planning Commission held a duly noticed public hearing to consider the Project on November 4, 2021, and voted 5-0 to recommend that the City Council approve the map amendment request and certificate of correction removing the 25 -foot -wide human habitation setback from both lots 1 and 2 of Parcel Map 609 M31; and WHEREAS, the City Council held a duly noticed public hearing to consider the Project on November 18, 2021, and considered all written documentation and public comments. NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Los Altos Hills hereby approves the Map Amendment Application (MA21-0001) and a Certificate of Correction to Parcel Map No. 609 M31 of the Stonebridge Subdivision subject to the findings and conditions contained in Exhibits "A" and `B" and incorporated herein by reference. 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 the 18th day of November 2021 by the following vote: AYES: Tanlcha, Tyson, Molt, Schmidt, Swan NOES: None ABSTAIN: None ABSENT: None of DebPai-ovan, City Clerk BY: Resolution 83-21 Kavita Tankha, Mayor Page I EXHIBIT A FINDINGS Lands of Wong —12354 Priscilla Lane File #MA21-0001 1. There are changes in circumstances that make any or all of the conditions of the map no longer appropriate or necessary. There have been changes in circumstances that make the need for this human habitation setback no longer appropriate or necessary. The acceptance of the human habitation setback in 1990 was based on a geotechnical hazards map prepared in 1978. The location of a trace of the Altamont Fault was revised by the Town's geotechnical engineer in 2009. The absence of a geotechnical hazard renders the human habitation setback no longer appropriate or necessary. 2. The modifications do not impose any additional burden on the present fee owner of the real property. The abandonment of the human habitation setback does not impose any additional burden on the present fee owner(s) of the real property as abandonment will allow for greater use and enjoyment of the subject 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 abandonment of the slope easement 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 with regard to site development. The modification to the map, as modified, conforms to Government Code Section 66474 as the resultant property continues to be consistent with the Town's General Plan. Resolution 83-21 Page 2 EXHIBIT S CONDITIONS OF APPROVAL Lands of Wong — 12354 Priscilla Lane File #MA21-0001 PLANNING DEPARTMENT: Any further changes or modifications to the project shall be first reviewed and approved by the City Council. 2. The property owner shall provide a legal description and plat exhibits prepared by a licensed land surveyor that describe the lot without the slope easement. 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 building permits associated with habitable structures within the human habitation setback area to be abandoned 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. Please refer to the Conditions of Project Approval set forth herein. If you believe that these Conditions impose any fees, dedications, reservation or other exactions under the California Government Code Section 66000, you are hereby notified that these Conditions constitute written notice of a statement of the amount of such fees, and/or a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90 -day approval period in which you may protest such fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90 -day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. Resolution 83-21 Page 3