The proposed resolution would have changed the minimum size from 40,000 square feet to 20,000 square feet and was intended to amend the city's zoning ordinance to comply with its General Plan—a requirement of state law. If the proposal had passed, seven of the lots could have been subdivided, depending on slope, environmental and other considerations.

Though the parcels, which are scattered between Saratoga Village and Villa Montalvo, have the same zoning designation as they did in 1987 when the General Plan was adopted, city planners did not notice the inconsistency until Hill Avenue resident Gary Smith inquired about subdividing his property last year. City planner Ann Welsh discovered the discrepancy on Smith's lot, as well as on several other lots in the area.

At the Feb. 25 meeting, Smith said he did not intend to "capitalize on immediate subdivision," but said he recalled his late parents having the right to subdivide when they purchased the property almost 50 years ago.

"Our family doesn't know for sure whether we're going to stay there much longer," he said. "I personally would like to see whoever does have that property to retain the right that my parents had in 1957."

But residents and neighbors of the parcels expressed concerns about the effects subdivision would have on property value, access, drainage and other issues.

Matthew Crosby, who lives on Calle Montalvo, said that by allowing parcels near his home to be rezoned, the commission would be completely ignoring the concerns residents had when those properties were originally developed. Crosby's property backs up to Audrey Smith Lane, on which four of the parcels in question sit. Though he was not a resident when the homes were built a few years ago, Crosby said both neighbors and the original owner of his property told him they would not have approved of the Audrey Smith project if the lots were any smaller than they are now.

"In negotiations it was agreed that the development would create one-acre parcels and not half-acre parcels," he said. "For the planning department and city to step over that and make [them] subdividable, that ignores the history of that development."

Cheriel Jensen also spoke at the public hearing. Though Jensen does not live near the parcels, she does live downstream from them. She said increasing the density of the properties could negatively impact flooding, structural safety and evacuation paths.

"The west hills are laced with faults," she said. "This is not the kind of land you want to densify."

Vince Borelli, who is building a home next to one of two noncompliant parcels on Hill Avenue, said he was concerned that subdivision would negatively impact traffic, property value and drainage.

"We're not dealing with an area that's just a bunch of numbers," he said. "This is not in the theme and the spirit of what Saratoga is supposed to be doing."

After hearing mostly opposition to the zoning-ordinance amendment, planning commissioners said they would like to see further investigation into whether any of the parcels would actually be subdividable according to zoning regulations. They also inquired about changing the General Plan to comply with the zoning ordinance, rather than the other way around.

Tom Sullivan, community development director and commission secretary, said both options would require a great deal of data that might not be currently available but could be obtained.

The commissioners voted 4-0 against adopting the resolution.