HomeMy WebLinkAboutItem 3.13-1
TOWN OF LOS ALTOS HILLS October 14, 2004
Staff Report to the Planning Commission
RE: CERTIFICATE OF CORRECTION, TRACT NO. 1286
LANDS OF YU; 14329 MIRANDA WAY
FROM: John Chau, Assistant Engineer T(Z-
RECOMMENDATION: That the Planning Commission:
1. Recommend Approval to the City Council of a Certificate of Correction
Amending a Final Map subject to the Findings as recommended by Staff.
BACKGROUND:
In May 1954, Tract No. 1286 "Finecrest Heights No. 2" was approved by the Santa
Clara County Board of Supervisors. This Tract Map included building setback lines
on the majority of the lots which split the lots approximately into two equal halves.
The intent of the setbacks was to assure that adequate space for sanitary sewer leach
fields was allowed for each lot. It is not the current practice of the Town to require
setback lines for sanitary sewer leach fields.
At the time of this map approval, sanitary sewer service was not available to the
residents in this area. Since that time, sanitary sewer service has been added with
sewer main located in Miranda Way.
DISCUSSION:
The property owners of lot 28 of Tract No. 1286 request the removal of the building
setback lines that were recorded with the Final Map. The attached exhibits indicate
the lot where the property owners are requesting the Final Map Amendments.
The Town's Municipal Code Section 9-1.1210 requires that specific findings be made
to support Final Map Amendments. It is the Planning Commission's role to review
these findings and make a recommendation to the City Council. The findings listed
below have been made to support approval of the Final Map Amendments.
FINDINGS:
There are changes in circumstances which make the building setback lines
shown on the map no longer appropriate or necessary. The requirement for
building setback lines to allow for space for sanitary sewer leach fields is no
longer necessary since the Town has adopted its Municipal Code Section 6-4
"Sewage" which addresses the requirement for approval of sewage disposal
for each building by the Health Officer (County Health Department) prior to
issuance of building permits and issuance of certificates of occupancy. This
section of code also requires that all existing buildings shall connect to an
approved public sewer when such sewer is reasonably available, except when
the existing means of sewage disposal is functioning in conformance with the
requirements of the Code, the Town's Standards, and to the satisfaction of the
Health Officer. Due to these ordinances of the Town, which were not in place
when the subdivision was initially approved, and the review that is required
by the Santa Clara County Health Department prior to any major new
development, the building setback lines are no longer appropriate or
necessary.
2. The modifications do not impose any additional burden on the present fee
owners of the properties. There is not any affect on the sizes of the lots, the
locations or extents of the streets and roads, or the Maximum Floor Areas and
Maximum Development Areas allowed for the properties.
3. The modifications do not alter any right, title, or interest in the real property
reflected on the recorded map. While the modifications include the removal
of setback lines which are more restrictive than the Town's current setback
requirements, the setbacks that are required by Code for all properties in the
Town will still be required for these properties.
4. The modifications are consistent with the Town's General Plan in that the
General Plan does not require additional building setback lines to allow for
sewer leach fields.
5. The areas affected by the removals of the building setback lines will be
determined as to the physical suitability for residential development and
density of development using the requirements that are currently provided in
the Town Code for all development.
6. The proposed modifications will not cause public health problems, or
environmental damage, including injury to fish or wildlife and their habitats
since the properties will still be required to meet the provisions of the Town's
Code which address these issues.
7. The proposed modifications will not affect any existing easements acquired
by the public at large, for access through or use of, the affected properties.
8. On July 19, 1995, the City Council approved the same request for seven lots
on the same Tract Map at their Regular City Council Meeting.
Staff is available to answer any questions of the Planning Commission or public.
Attachments: Exhibits of Legal Description and Plat Map showing Modification
to Tract No. 1286
cc: Westfall Engineers,
Mr. & Mrs. Yu
470 Santa Barbara Drive
Los Altos, CA 94022
Exhibit "A" - Legal Description
All that certain real property situated in the Town of Los Altos Hills, County of
Santa Clara, State of California being the lot commonly known as 14329 Miranda
Way, Los Altos Hills, California and described as:
Lot No. 28 of Tract No. 1286, filed on May 18, 1954, in Book 50 of Maps, at
Pages 14 and 15, in the Office of the Recorder, County of Santa Clara.
579,40'10"E
263.74
v
cp
o" LOT 28
TRACT 1286\9 �
try S< 2ry85�
10'EASEMENT
FOR POLE LINE N6,5•�'I
i
S86'50'00'E 165.00'
EXHIBIT "B"
LANDS OF YU
WESW LL ENGINEERS, INC.
14583 BIG BASIN WAY, SARATOGA, CA. 95070
TEL. 408/867-0244, FAX 408/687-6261