HomeMy WebLinkAbout85-23RESOLUTION 85-23
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
DENYING AN APPEAL (APL23-0002) OF A PLANNING COMMISSION DECISION
DENYING AN APPEAL AND UPHOLDING AN ADMINISTRATIVE
DETERMINATION OF PRELIMINARY APPLICATION SUBMITTAL DATES FOR
TWO DEVELOPMENT PROPOSALS AT 11511 SUMMIT WOOD ROAD
WHEREAS, On February 2, 2023, the Town of Los Altos Hills ("Town") received two
preliminary applications pursuant to Government Code section 65941.1 ("Preliminary
Applications") from applicant and appellant Alexander Zbrozek ("Appellant") for 5 -unit and 20 -
unit development projects at 11511 Summit Wood Road; and
WHEREAS, the Preliminary Applications were processed in accordance with the applicable
provisions of the California Government Code and the Los Altos Hills Municipal Code, including
but not limited to Government Code section 65941.1; and
WHEREAS, the Planning Department reviewed and provided written correspondences to
Appellant regarding items required to be provided for the Preliminary Applications pursuant to
Government Code section 65941.1 before it is deemed submitted under Government Code section
65941.1, on March 3, April 21, and June 2, 2023; and
WHEREAS, on June 15, 2023, the Planning Department determined that all statutory items under
Government Code section 65941.1 were provided for the Preliminary Applications as of June 2,
2023;
WHEREAS, on June 27, 2023, pursuant to Section 10-1.1002 of the Los Altos Hills Municipal
Code, Appellant timely filed a Notice of Appeal (APL23-0002) to appeal the June 15, 2023
Planning Department determination, arguing that the Preliminary Applications are considered
submitted as of May 5, 2023 or an earlier date;
WHEREAS, under Municipal Code section 10-1.1002, any interested party may appeal the
decision of an administrative official in the administration or enforcement of the provisions of this
title to the Planning Commission by filing a written notice of appeal with the City Clerk within
fourteen (14) days of the date of the decision; and
WHEREAS, in accordance with Section 10-1.1005, an appeal hearing before the Planning
Commission was scheduled on August 3, 2023; and
WHEREAS, the Planning Commission held a duly noticed public hearing to consider Appellant's
appeal on August 3, 2023, and considered Appellant's testimony and all written and oral evidence,
testimony, written documentation and public comments in the record below and provided as a part
of the public hearing proceeding with respect to the subject of the appeal; and
WHEREAS, the Planning Commission adopted a resolution on August 3, 2023 making findings,
denying the appeal, and upholding the Planning Department's determination that the Preliminary
Applications were considered submitted on June 2, 2023; and
Resolution 85-23 Page 1
WHEREAS, under Municipal Code section 10-1.1009, decisions of the Planning Commission are
appealable to the City Council within a 21 -day appeal period, and a Notice of Decision of the
Planning Commission's decision on August 3, 2023 was provided to Appellant along with notice
of appealability to the City Council, on August 7, 2023; and
WHEREAS, the Appellant timely appealed the Planning Commission's decision on August 21,
2023, within the 21 -day appeal period, to the City Council, and an appeal was scheduled for a
public hearing before the City Council on September 28, 2023, within the required 45 -day
scheduling period; and
WHEREAS, the City Council held a duly noticed public hearing to consider Appellant's appeal
of the Planning Commission August 3, 2023 decision on September 28, 2023, and considered
Appellant's testimony and all written and oral evidence, testimony, written documentation and
public comments in the record below and provided as a part of the public hearing proceeding with
respect to the subject of the appeal; and
WHEREAS, the City Council's consideration of this appeal is not subject to the California
Environmental Quality Act ("CEQA") as no formal application has been filed and the only relevant
issue is the determination of submittal dates and has no potential for environmental impacts and is
not considered a "project" under CEQA.
NOW, THEREFORE, based on the entirety of the record before it, the City Council of the
Town of Los Altos Hills hereby DENIES the appeal and upholds the Planning Commission's
August 3, 2023 decision denying the appeal Appellant's appeal from the Planning Department's
decision made on June 15, 2023, that the Preliminary Applications were submitted as of June 2,
2023.
The above and foregoing Resolution was passed and adopted by the City Council of the Town of
Los Altos Hills at a special meeting held on this 28th day of September 2023 by the following vote:
AYES: Swan, Mok, Schmidt, Tankha, Tyson
NOES: None
ABSTAIN: None
ABSENT: None
City Clerk
By:
Linda Swan, Mayor
Resolution 85-23 Page 2
EXHIBIT A
FINDINGS OF DENIAL
Based on the entirety of the record before it, which includes without limitation: the Los Altos Hills
General Plan; the Los Altos Hills Municipal Code, preliminary application requirements under
Government Code section 65941.1; all submittals from Appellant, correspondences from the Los
Altos Hills Planning Department, all oral and written comments, and all communications,
submittals, presentations, recordings, minutes, written correspondence, and public testimony
submitted as part of the Los Altos Hills City Council's duly noticed September 28, 2023 public
hearing, and any other evidence and testimony presented in the record below, the City Council of
the Town of Los Altos Hills makes the following findings with regard to the denial of an appeal
of the August 3, 2023 decision of the Planning Commission denying an appeal from the
administrative determination by the Los Altos Hills Planning Department on June 15, 2023 that
Preliminary Applications for two development proposals at 11511 Summit Wood Road were
considered submitted as of June 2, 2023 (FILE #APL23-0004):
1. The City Council finds that the appeal was timely filed on August 21, 2023, within the 21 -
day appeal period from a Planning Commission decision, in accordance with Los Altos
Hills Municipal Code Section 10-1.1009.
2. Under Government Code section 65941.1, an applicant may submit a preliminary
application to the Town by providing a list of required information set forth under that
statute. If all of said information on the list is provided, the preliminary application is
considered submitted and would lock in all of the applicable standards, regulations and
policies applicable to the proposed project to those in effect at the time of submittal, unless
the applicant fails to follow up timely with submitting a formal application or if certain
substantive changes are made to the proposed project. The list of items required for a
preliminary application under Gov. Code section 65941.1 is as follows:
a. Project specific location, i.e. address, APN numbers, legal descriptions, as
applicable.
b. The existing uses on the project site and identification of major physical alterations
to the property on which the project is to be located.
c. A site plan showing the location on the property, elevations showing design, color,
and material, and the massing, height, and approximate square footage, of each
building that is to be occupied.
d. The proposed land uses by number of units and square feet of residential and
nonresidential development using the categories in the applicable zoning ordinance.
e. The proposed number of parking spaces.
f. Any proposed point sources of air or water pollutants.
g. Any species of special concern known to occur on the property.
h. Whether a portion of the property is located within certain special areas such as
high fire hazard severity zones, hazardous waste sites, delineated earthquake fault
zones, and special flood hazard area, all as defined by statutes.
i. Any historic or cultural resources known to exist on the property.
j. The number of proposed below market rate units and their affordability levels.
k. The number of bonus units and any incentives, concessions, waivers, or parking
reductions requested pursuant to Government Code Section 65915.
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1. Whether any approvals under the Subdivision Map Act, including, but not limited
to, a parcel map, a tentative map, or a condominium map, are being requested.
in. The applicant's contact information and, if the applicant does not own the property,
consent from the property owner to submit the application.
n. For a project proposed within the coastal zone, whether any portion of the property
contains any wetlands or other environmentally sensitive areas.
o. The number of existing residential units on the project site that will be demolished
and whether each existing unit is occupied or unoccupied.
p. A site map showing certain stream or other stream resource, as applicable and
defined by statute.
q. The location of any recorded public easement, such as easements for storm drains,
water lines, and other public rights of way.
3. Section 65941.1 also requires cities, including the Town, to "compile a checklist and
application form" for applicants' use for the purpose of satisfying the requirements of
submitting a preliminary application. It further requires the State Department of Housing and
Community Development (HCD) to adopt a standardized form for applicants' use if a city
has not developed its own application form. In 2020, HCD adopted a Preliminary Application
Form pursuant to this statute and setting forth the required items in the list above. The Town
has adopted this form for applicants' use, making it available at Town Hall and also
publishing it on the Town's website.
4. When reviewing a preliminary application, state law requires the Town to only check the
submittal against the list of statutory items and determine whether the applicant has provided
those items in their entirety.
5. While Government Code section 65941.1 does not impose any review timelines for
reviewing a preliminary application, the Town has adhered to a 30 -day response timeline
consistent with its review time for all development project applications for completeness as
required by statute.
6. As described in further detail in the accompanying staff reports to the Council on September
28, 2023 and Planning Commission on August 3, 2023, Appellant filed Preliminary
applications for two development proposals on February 2, 2023.
7. On March 3, 2023, the Planning Department provide written comments to Appellant
informing him that the Preliminary Applications did not provide all required items required
under Government Code section 65941.1 as specified in the Town's preliminary application
form, including an Owner's Affidavit confirming Appellant is the property owner. On April
3, 2023, Appellant responded to the Planning Department in writing that the requested
information is not required by Section 65941.1 and provided revised Preliminary Application
submittals for both development proposals, which among other things stated that a geological
fault is located near the subject property.
8. On April 21, 2023, the Planning Department provided written comments to Appellant
informing him that the Preliminary Applications did not provide all required items required
under Government Code section 65941.1 as specified in the Town's preliminary application
form, including an Owner's Affidavit confirming Appellant is the property owner and
information regarding earthquake fault zones as required under Government Code section
65941.1(a)(8). On May 3, 2023, Appellant responded to the Planning Department in writing
that the requested information is not required by Section 65941.1 but provided revised
Resolution 85-23 Page 4
Preliminary Application submittals for both development proposals, which among other
things clarified the subject property is not located within a delineated earthquake fault zone
but stated to the Town that Appellant's wife holds a three percent (3%) interest in the subject
property and that the Alexander Zbrozek Living Trust, of which Appellant acts as trustee, is
the ninety-seven percent (97%) owner. Appellant did not provide documentation in support
of this statement.
9. On June 2, 2023, the Planning Department provided written comments to Appellant that all
property owners are required to sign the Owner's Affidavit as a part of the Preliminary
Application submittal, as explained on the Town's Preliminary Application Form and
pursuant to Government Code section 65941.1(a)(13).
10. On June 2, 2023, the Appellant submitted revised Preliminary Application forms, inclusive
of Owner's Affidavits signed by both property owners. Receipt of the revised applications
forms was acknowledged by the Town on June 3, 2023, and on June 15, 2023, Planning
Department staff notified Appellant that all items and information required for the
Preliminary Applications had been submitted and his Preliminary Applications were
considered submitted as of June 2, 2023.
11. Appellant argues on appeal that the Town's Preliminary Application Form is not required by
state law, nor is the Owner's Affidavit, that he is the property owner with 97% interest and
his wife only has a 3% interest in the subject property, and that his wife consents to filing of
the Preliminary Applications and development of the property and should not have been
required to sign the Owner's Affidavit as she owns only three percent of the property.
12. On August 3, 2023 the Planning Commission held a noticed public hearing and after
consideration of Appellant's testimony, and all written and oral evidence, testimony, written
documentation and public comments in the record below and provided as a part of the public
hearing proceedings with respect to the subject of the appeal, the Commission denied the
appeal and upheld the Planning Department's determination that the Preliminary
Applications were considered submitted as of June 2, 2023.
13. The City Council timely held a duly noticed public hearing on September 28, 2023 to
consider the appeal, and considered Appellant's testimony, and all written and oral evidence,
testimony, written documentation and public comments in the record below and provided as
a part of the public hearing proceedings with respect to the subject of the appeal.
14. The City Council finds that:
a. Appellant's appeals were timely filed and the Planning Commission and City
Council timely heard the appeals.
b. The Town properly maintains the Preliminary Application Form issued by HCD as
its preliminary application form for applicants to utilize. All planning applications
are accompanied by an application form that includes general information about the
proposed project, and the Town was specifically authorized to maintain a
preliminary application form under Government Code section 65941.1. The form
issued by HCD contains items that match and are consistent with the required items
listed by statute.
c. Appellant initially failed to provide the required information pursuant to
Government Code section 65941.1(a)(8) relating to delineated earthquake fault
Resolution 85-23 Page 5
zones even though he disclosed to the Town that a fault is in close proximity to the
subject property.
d. Appellant failed to provide information pursuant to Government Code section
65941.1(a)(13) demonstrating "if the applicant does not own the property, consent
from the property owner to submit the application" when he disclosed to the Town
that the subject property has multiple owners. Appellant did not provide further
documentation in support of his statement regarding property ownership or consent.
e. The Owner's Affidavit as a part of the Town's Preliminary Application form
specifically advised that "if the property is owned by more than one individual (e.g.,
John and Jane Doe, or Mary Smith and Mark Jones) signatures are required of all
owners." This form was provided several times to Appellant as a part of the
Planning Department's written comments on March 3, April 21, and June 2, 2023.
This item is within the statutory requirement under Section 65941.1(a)(13) and
applicants are thus required to provide it before a Preliminary Application can be
considered "submitted" under statute. Thus, when Appellant advised the Town that
the subject property is owned by more than one owner, he is required to furnish
consent of the property owner under Government Code section 65941.1(a)(13). The
Town provided several opportunities to Appellant to furnish this information since
March 3, 2023, but Appellant did not provide them until June 2, 2023.
f. Without providing an Owner's Affidavit or any other evidence that the Appellant
is either the sole owner of the subject property or that all joint property owners
consent to the preliminary application, Appellant is not complying with Section
65941.1(a)(13) and thus his Preliminary Applications are not considered submitted
until the date that he provided the missing information. Appellant did not provide
this required ownership information until June 2, 2023. Thus, he did not meet the
requirement of Section 65941.1(a)(13) until that date. Appellant further did not
meet the requirements under Section 65941.1 to provide the complete list of items
required for submittal, given that each of his submittals contained insufficiencies,
until June 2, 2023.
15. Based on the foregoing findings and the evidence and testimony presented in the entirety of
the record before it, the City Council finds that the Planning Commission decision to deny
the appeal is correct and that the record below, including the reports, testimony and evidence
presented at the August 3, 2023 Planning Commission appeal hearing, contained substantial
evidence for the Planning Commission to make findings and determine the Planning
Department determination was correct, and to deny the appeal.
16. The City Council further finds that the record below, including the reports, testimony and
evidence presented at the August 3, 2023 Planning Commission appeal hearing, contained
substantial evidence that the Planning Department properly determined that the Preliminary
Applications did not provide all required items under Government Code section 65941.1,
until June 2, 2023, rather than May 5, 2023 or an earlier date, and that the Preliminary
Applications are not considered submitted until June 2, 2023.
Resolution 85-23 Page 6