12-17-1973 - Laserfiche WebLink

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TENTATIVE PARCEL MAP NO. 838 The Director of Planning TENTATIVE TRACT MAP NO. 8494 orally reviewed his EARL DEVELOPMENT CO. reports on the Maps, directing Council's atten- tion particularly to the Conditions, Covenants and Restrictions (CC and R's) relative to integrated parking areas, common driveways and prior Planning Department approval of design and architectural standards for buildings and structures to insure a cohesive development, as originally presented by the Earl Development Company. Mr. John Murphy, Attorney, 401 Civic Center Drive, representing the applicant, spoke in favor of the approval of the Maps, but opposing the CC and R's (Conditions 7 a and 7 b of the Planning Director's Report on Tentative Parcel Map #838, and Conditions 13 a and 13 b of the Planning Director's Report on Tentative Tract Map No. 8494). Mr. Murphy stated that the C C and R's are illegal, and that the Council's authority is limited by the State Subdivision Map Act and he read from the Act the definitions of "design and improve- ment''; that there is nothing in the definition of "design" that would allow the City to impose the requirement of architectural review or the requirement that all parking areas be common, integrated or shared; that there is nothing in the definition of "improvement" to authorize or empower the City to impose the requirements contemplated by the C C & R's; and that they are therefore illegal, unfair, and would substantially impair the marketability of the properties. The City Attorney responded to the Mayor's request for an opinion as to the legality of the C C and R's by advising that there is enough area of doubt to support the Council if it were to decide to impose the conditions. He called Council's attention to the Negative Declarations filed with the Maps indicating that they would have no adverse impact on the environment, and that therefore environmental impact reports are not required. He stated that if Council were of such a mind, it could make a finding that an environmental impact report would be required if the C C & R's were not imposed; and that possibly the EIR would lead to the imposition of conditions that would be less onerous to the developer. The consensus of the Council was that the development of the properties should not be piecemeal; that there should be uniform planning of the area; that cooperative parking is an ideal tool for cohesive development; and that there was no objection to lot splits if there were an integrated plan. RECESS the same members present. The Mayor declared a five- minute recess at 9:40 P.M., and Council recon- vened at 9:50 P.M. with TENTATIVE PARCEL MAP NO. 838 TENTATIVE TRACT MAP NO. 8494 - Continued Mr. Murphy stated that of the three alternatives available to the applicant; i.e., continuance of the matter; preparation of an EIR; or approval with the C C and R Conditions, the latter was the most acceptable. CITY COUNCIL MINUTES 475 DECEMBER 17, 1973