HomeMy WebLinkAbout08-15-1985 City Council Agenda packetAGENDA BILL NO.
DATE: 8 -13 -85
DEpA Community Development
SUBJECT: FINAL ACCEPTANCE FOR SDR -1527
MONTE VISTA DRIVE, WILLIAM JOHN. QN
Issue Summary
All private improvements required of SDR- 1527, per the Building Site
Agreement, have been satisfactorily completed.
Recommendation
Grant Final Acceptance for Improvements for'SDR- 1527 and release bond.
Fiscal Impacts
Exhibits /Attachments
Memorandum
Council Action
8/21 Approved.
q/a
CITY OF SARADOGA
Initial:
Dept. Hd.
C. Atty.
C. Mgr.
MEMO RAN
TO: City Manager DATE: 8. -13 -8
FROM: Director of Community- Development
SUBJECT: Tract SDR 1527 (Final Acceptance)
Location: Monte Vista Drive
All improvements required of SDR -1527 and agreed
to in the Building Site Approval Agreement dated March 20, 1985
have been satisfactorily completed.
Therefore, I recommend the improvement security posted to guarantee
that agreement be released. The following information is included
for your use:
1. Developer: William Johnson
RSS /dsm
Address: 18935 Monte Vista Drive
Saratoga, CA 95070
2. Improvement Security:
Type: •Assignment Investment Certificate. and Cash:Bond
Amount:
Issuing Co.: Bank of West
Address:
UMW off UOVi
13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070
(408) 867 -3438
$4500.00
Receipt, Bond or
Certificate No.: Receipt #.7168
Certificate #02- 8802 -03
3. Special Remarks:
Release Cash. Bond of $500.00 and Assignment Investment
Certificate of $4000.00.
Robert S. Shook
t_c/ 6e,i
40-..........0,-e...;-e`
AGENDA BILL NO. G I 7
CITY OF SARATOGA
DATE: August 15, 1985 C. ATTORNEY
DEPARTMENT: City Attorney C. MGR.
SUBJECT: Amendments to Subdivision Ordinance
INITIAL DEPT. HD. RV
Issue Summary The proposed amendment to the City's subdivision ordinance will add
a new Article Five, relating to merger of nonconforming parcels, a new Article Six, to
establish a procedure for lot line adjustments, a new Article Seven to implement State
law relating to vesting tentative maps, and will amend Section 21 to include accessory
structures in the calculation of 50% expansions requiring building site approval.
Recommendation Staff is recommending that the amendments be adopted.
Fiscal Impacts None.
Exhibits /Attachments (a) Memo to City Council from City Attorney dated
August 15, 1985, with Exhibits A and B; (b) Proposed ordinance; (c) Negative
Declaration.
Council Action
8/21; Approved Negative Declaration and introduced ordinance 4 -0.
9/4: Adopted Ordinance NS 60.17.
PAUL B. SMITH
ERIC L. FARASYN
LEONARD J. SIEGAL
HAROLD S. TOPPEL
GREGORY A. MANCHUK
STEVEN G. BAIRD
NICHOLAS C. FEDELI, JR.
DATE: August 15, 1985
ATKINSON FARASYN
ATTORNEYS AT LAW
660 WEST DANA STREET
P.O. BOX 279
MOUNTAIN VIEW, CALIFORNIA 94042
(415) 967 -6941
MEMORANDUM
TO: SARATOGA CITY COUNCIL
FROM: HAROLD S. TOPPEL, City Attorney
RE: Amendments to Subdivision Ordinance Relating to
Merger of Nonconforming Parcels, Lot Line Adjustments,
Vesting Tentative Maps and Exemptions from Building
Site Approval
J. M. ATKINSON, (1892 -1962)
L. M. FARASYN, (1915 -1979)
Submitted herewith is a proposed ordinance dated August 12, 1985,
amending the subdivision ordinance by adding Article Five relating to merger of
nonconforming parcels, adding Article Six relating to lot line adjustments, adding
Article Seven relating to vesting tentative maps, and amending Section 21 concerning
the requirement and exemptions from building site approval. As part of the general
code revision process, the entire subdivision ordinance has been redrafted and is now
under review by the City staff. These particular amendments are being presented to
the City Council at this time, under the format of the present code, in order to reduce
the quantity of material the Council must digest when the entire City Code, including
the subdivision ordinance, is presented to the Council for adoption later this year. It
should be noted, however, that there is a time constraint with respect to the Article
dealing with vesting tentative maps. As hereinafter discussed, this Article represents
a change mandated by State law which must be adopted prior to January 1, 1986.
The purpose and substance of the amendments are as follows:
A. MERGER OF PARCELS:
The City's subdivision ordinance has never contained a provision for
merger of nonconforming parcels, although this subject has been discussed from time
to time. The code revision process represents a good opportunity to finally
incorporate such provisions into our subdivision ordinance. During each of the last few
years, the Legislature has amended the merger provisions as contained in the State
Map Act. The latest and currently effective version of State law is now set forth as
Sections 66451.10 through 66451.21 of the Government Code, a copy of which is
attached hereto as Exhibit "A." The proposed merger ordinance to be adopted by the
City represents almost a mirror image of the State law.
The basic requirements for merger of nonconforming parcels are
contained in Section 31.1 of the proposed ordinance. The major change accomplished
by the latest amendment to State law is to prohibit merger, based upon size alone,
where the nonconforming parcel exceeds 5,000 square feet. However, if any other
condition for merger exists as enumerated in Subparagraphs (b)(2) through (b)(7), the
nonconforming parcels can be merged even though in excess of 5,000 square feet.
The entire merger process as prescribed by State law was also
substantially changed by the most recent amendment. The City must initiate this
process through the recording of a notice of intended merger, a copy of which is sent
to the property owner advising him of a right to request a hearing. If such a request is
made within 30 days, a hearing is conducted by the Planning Commission, following
which the Commission must determine whether the parcels should or should not be
merged. If no hearing is requested, the Commission may proceed to make such
determination in the absence of the owner. In any case, the Commission may decide
not to merge the parcels, even though the requirements for merger as set forth in
Section 31.1 have been satisfied. If the Commission decides the parcels should be
merged, such merger becomes effective upon recording a notice of merger in the
Office of the County Recorder. If the Commission decides the parcels should not be
merged, a release is recorded to cancel the previously recorded notice of intention to
determine the status of the property.
B. LOT LINE ADJUSTMENTS:
The present subdivision ordinance of the City contains no process for
lot line adjustments, which involve the relocation of one or more lot lines without the
creation of any additional lots. Such applications have been handled administratively
in the same manner as applications for tentative and final building site approval. The
addition of Article Six to the subdivision ordinance is intended to codify this existing
practice. The Article requires the filing of an application having substantially the
same information as applications for tentative building site approval. Lot line
adjustment applications may be circulated to other public agencies for review and
comment, but unlike the case of tentative subdivision maps, it is not mandatory to do
so. Such applications will be acted upon by the Planning Commission as the advisory
agency which may approve the application if it makes the findings prescribed in
Subsection 32.4(b). These findings represent a condensed version of the findings
required for subdivision map approval. The approval, if granted, will be effective for
the same period of time and subject to the same extensions as other tentative maps
under the subdivision ordinance.
The Article further requires the preparation, approval and
recordation of a final parcel map. This map may be approved by the City Engineer, as
distinguished from approval of a final subdivision map or final building site approval,
which can only be granted by the City Council.
It should also be noted that tentative approval of a lot line
adjustment may be granted by the advisory agency subject to conditions in the same
manner as any other tentative subdivision map (for example, the construction and
dedication of public improvements). Although an amendment to State law is now being
proposed in the Legislature to prohibit a local agency from imposing such conditions on
lot line adjustments, the State law has not yet been changed and there is no assurance
that the amendment will ever be adopted. This Article can always be revised at a
later date if it becomes necessary to do so by reason of any change in the State law.
C. VESTING TENTATIVE MAPS:
On January 1, 1986, Chapter 4.5 of the State Map Act (consisting of
Sections 66498.1 through 66498.8 of the Government Code) will become effective, a
copy of which is attached hereto as Exhibit "B." This legislation is a direct result of
-2-
the numerous court decisions in California holding that a developer has no vested
rights to proceed with a project until he has obtained a building permit and expended
substantial funds in reliance thereon. Under this rule, it was possible for a developer
to obtain tentative and final subdivision approval but then be prohibited from
constructing the project as a result of a subsequent change in the local agency's
general plan or zoning or building regulations. The Saratoga Hillside Initiative adopted
by the voters as Measure A represents a classic example of this situation.
Under the new law, if a developer specifically applies for the rights
granted by a vesting tentative map, he is basically protected from any subsequent
changes in the ordinances, policies and standards of the local agency, except in the
narrow case where the issuance of a building permit would place the residents of the
development or the immediate community, or both, in a condition dangerous to their
health or safety, or the denial of a building permit is required in order to comply with
State or Federal law.
Under State law, the rights conferred by a vesting tentative map
would remain effective for an initial period of not less than one year or not more than
two years after the date of recording the final map, depending upon local ordinance.
(See Section 66152.6(g) on Exhibit "B," page 4.) We have opted for the one year initial
period. (See Subsection 33.2(c)(1) of the proposed ordinance.) This time would
automatically be extended by any time required for processing a complete application
for a grading permit or design review in excess of 30 days. The State law does not
mention any other type of development approval, such as a use permit or variance.
The initial time may be extended for one year and if a building permit is issued prior
to the initial or extended expiration date, the rights conferred by the vesting tentative
map are further extended for the duration of the building permit.
The new State law does not restrict the City from imposing any
conditions it would otherwise impose at the time of tentative map approval. However,
because the regulations become fixed and the approval is insulated from subsequent
changes in the zoning regulations, we have provided in Section 33.3 that the advisory
agency may require the applicant to obtain, at the time of tentative map approval, all
other approvals as may be required under the zoning ordinance (such as design review,
use permit or variance approval). The intent of this Section is to afford the City the
opportunity to review, under current ordinances, the entire project in its final design
before we are locked into the granting of vested development rights. There is nothing
in the new State law to prohibit this requirement of contemporaneous zoning
approvals, and the procedure has been recommended in several publications
disseminated through the League of California Cities.
The current State law applies only to residential developments and
the proposed ordinance is similarly confined to such projects. However, an amendment
is now pending before the Legislature to expand the State law to include commercial
developments. (Assembly Bill 2143.) According to the Legislative bulletin dated
July 19, 1985, the League of California Cities withdrew its opposition to this bill in
exchange for an amendment authorizing cities to shorten the vested period to three
years. Passage of the bill is now considered likely and if the amendment is adopted,
Section 33.1 of the proposed ordinance will be revised accordingly.
It should also be observed that the new State law contains numerous
ambiguities which I have not attempted to resolve. Since we are mandated under
Section 66498.8(a) of the Government Code to implement the new State law on or
before January 1, 1986, we have little choice except to observe the future actions by
the State Legislature and the manner in which this law may be construed and applied
by the courts.
D. AMENDMENT TO SECTION 21 OF THE SUBDIVISION ORDINANCE:
This amendment arises as a direct result of the discussion by the
Planning Commission at its retreat last month. There was general agreement that
accessory structures should be included in determining whether a proposed expansion
exceeds 50% of the floor space under roof so as to require building site approval.
Paragraph (c) of Section 21 has therefore been amended to reflect this change by
referring to both main and accessory structures and calculating the 50% rule on the
basis of all structures located upon the site.
A further change to this Section has been initiated by staff. Under
the existing ordinance, an exemption from building site approval would not be
available if the recording of a parcel map is required. Staff has encountered several
cases where we would like to have a parcel map for reasons unrelated to building site
approval (for example, where a lot of record is described only by metes and bounds).
Staff is therefore of the opinion that the considerations for determining whether a
proposal should or should not be subject to building site approval are not necessarily
related to the considerations for requiring a parcel map. We have therefore deleted
this restriction and instead have added a paragraph at the end of Section 21 which
provides that either the Director of Community Development or the advisory agency
may require the preparation and recording of a parcel map even though an exemption
from building site approval is granted.
HA S.TO' L
Saratoga City Attorney
ARTICLE 1.5. MERGER OF PARCELS
Section
66451.10. Contiguous parcels not deemed merged by common ownership; authority for merger.
66451.11. Contiguous parcels; requirements for merger with same ownership; ordinances; determi-
nation of ownership; application of subdivision.
66451.12. Recordation of notice.
66451.13. Notice of intent to determine status.
66451.14. Request for hearing on determination of status.
66451.15. Hearing; time, date and place.
66451.16. Hearing; evidence; determination of status.
66451.17. Failure to request hearing; determination of merger.
66451.18. Determination not to merge; release of notice of intent to determine status; recordation;
clearance letter.
66451.19. Recordation of notice of merger and continuance of mergers; failure to comply.
66451.20. Resolution of intent to amend merger ordinance; notice; publication.
66451.21. Adoption of merger ordinances; resolution; hearing; notice.
Article 1.5 was added by Stats.1983, c. 845, p. 2.
66451.10. Contiguous parcels not deemed merged by common ownership; authority for merg-
er
Notwithstanding Section 66424, except as is otherwise provided for in this article, two or more
contiguous parcels or units of land which have been created under the provisions of this division, or
any prior law regulating the division of land, or a local ordinance enacted pursuant thereto, or which
were not subject to such provisions at the time of their creation, shall not be deemed merged by
virtue of the fact that such contiguous parcels or units are held by the same owner, and no further
proceeding under the provisions of this division or a local ordinance enacted pursuant thereto shall be
required for the purpose of sale, lease, or financing of such contiguous parcels or units, or any of
them.
This article shall provide the sole and exclusive authority for the merger of contiguous parcels.
On and after January 1, 1984, parcels may be merged by local agencies only in accordance with the
authority and procedures prescribed by this article.
(Added by Stats.1983, c. 845, p. 2.)
Derivation: Former 66424.2, added by Stats.1980, c.
1217, p. 4127, 3.
Former 66124.2, added by Stats.1976, c. 928. p. 2120,
4, amended by Stats.1977, c. 234, p. 1034, 5; Stats.
1980, c. 403, 2.
Notes of Decisions
1. In general
As Subdivision Map Act 66410 et seq.) does not
prohibit local agency from' deciding whether division is
Asterisks indicate deletion, by amendment
33
exempt from requirement for certificate of compliance for
having been separated into two or more contiguous parcels
prior to Act's effective date, county board has authority, in
interest of uniformity and predictability in land titles, to
decide whether to issue certificate of compliance with re-
spect to land claimed to be exempt. Kirk v. San Luis
Obispo County (App. 2 Dist.1984) 202 Cal.Rptr. 606, 156
C.A.3d 452.
ExgAii-
P ,1 of
66451.11 GOVERNMErlT CODE
f 66451.11. Contiguous parcels; requirements for merger with same ownership; ordinances;
determination of ownership; application of subdivision
A local agency may, by ordinance which conforms to and implements the procedures prescribed by
this article, provide for the merger of a parcel or unit with a contiguous parcel or unit held by the
same owner if any one of the contiguous parcels or units held by the same owner does not conform to
standards for minimum parcel size, under the zoning ordinance of the local agency applicable to the
parcels or units of land and if all of the following requirements are satisfied:
(a) At least one of the affected parcels is undeveloped by any structure for which a building permit
Was issued or for which a building permit was not required at the time of construction, or is
developed only with an accessory structure or accessory structures, or is developed with a single
structure, other than an accessory structure, that is also partially sited on a contiguous parcel or
unit.
(b) With respect to any affected parcel, one or more of the following conditions exists:
(1) Comprises- less than 5,000 square feet in area at the time of the determination of merger.
(2) Was not created in compliance with applicable laws and ordinances in effect at the time of its
creation.
(3) Does not meet current standards for sewage disposal .and domestic water supply.
(4) Does not meet slope stability standards.
(5) Has no legal access which is adequate for vehicular and safety equipment access and
maneuverability.
(6) Its development would create health or safety hazards.
(7) Is inconsistent with the applicable general. plati and any applicable specific plan, other than
minimum lot size or density standards.
The ordinance may establish.the standards specified in paragraphs (3) to (7), inclusive, which,
shall be applicable to parcels to be merged.
For purposes of determining whether contiguous parcels are held by the same owner, ownership
shall ,be determined as of the date that notice of intention to determine status is recorded.
This subdivision shall not apply if one of the following conditions exist:
A On or before Jul 1 1981 one or more of the Conti ous •arcels or units of land is enforceabl
restricted open -space land pursuant to a contract, agreement scenic restriction, or open -space
easement, as defined and set forth in Section 421 of the Revenue and Taxation Code.
(B) On Juiy 1, 1981, one or more of the cone guous parcels or units of land is timberland as defined
in subdivision (f) of Section 51100, or is land devoted to an agricultural use as defined in subdivision
(b) of Section 51201.
On Jul 1 1981 one or more of the Conti ous •arcels or units of land is located within 2 000
feet of the site on which an existing commercial mineral resource extraction use is being made,
whether or not the extraction is being made pursuant to a use permit issued by the local agency.
(l)) On July 1, 1981, one or more of the contiguous parcels or units of land is located within 2,000
feet of a .future commercial mineral extraction site as shown on a plan for which a use permit or
other permit authorizing commercial mineral resource extraction has been issued by the locai agency..
(E Within the coastal zone, as defined in Section 30103 of the Public Resources Code, one or more'
of the conti ous arcels or units of land has rior to Jul 1 1981 been identified or deli: ted as
.eing of insufficient size to support residential development and where the identifiction or
desi ation has either i been included in the land use lan ortion of a local coastal ro m
prepar an adopted pursuant to the California Coastal Act of 1976 (Division 20 o the Public
Resources Code), or (ii) prior to the adoption of a land use plan, been made by formal action of the
California Coastal Commission pursuant to the provisions of the California Coastal Act of 1976 in a
coastal development permit decision or in an approved land use plan work program or an approved
issue identification on which the preparation of a land use plan pursuant to the provisions of the
California Coastal Act is based.
For purposes of paragraphs (C) and (D) of this subdivision, "mineral resource extraction" means
as oil h drocarbon .vel or sand extraction eothermal wells or other similar commercial
mining activity.
Exbif A
Pale a of 6
Underline Indicates changes or additions by•amendment
34
GOVERNMENT CODE
(Added by Stats.1983, c. 845, p. 2, operative July 1, 1984. Amended by Stats.1984, ae. 102, p.
1, urgency, eff. April 30, 1984.)
1984 Ameednteet. Inserted "any one of the contiguous
parcels or units held by the same owner does not conform to
standards for minimum parcel size, under the zoning ordi-
nance of the local agency applicable to parcels or units of
land and if' following "held by the same owner if' in the
first sentence; rewrote subd. (a) which previously read: "At
least one of the affected parcels is not developed with a
structure, other than an accessory structure, for which a
building permit is issued by the local agency, or which was
built prior to the time such permits were required by the
local agency. deleted "of subdivision (b)," following "in-
clusive." in the second paragraph of subd. (b)(7); and,
rewrote the fourth paragraph of subd. (bx7) and material
thereafter which previously had read: "This section shall
become operative July 1, 1984."
Section 5.6 of Stats.1984, c. 102, p. provides:
"It is the intent of the Legislature, in amending the first
paragraph of Section 66451.11 of the Government Coda to
restore the preexisting requirement of law that established as
a necessary precondition for a merger of contiguous parcels
or units of land held in common ownership the requirement
that one or more of the part eb or units of land not conform
66451.12. Recordation of notice
4-ti A merger of parcels becomes effective when the local agency causes to be filed for record with the
recorder of the county in which the real property is located, .notice of merger specifying the names
of the record owners and particularly describing the real property.
(Added by Stats.1983, c. 845, p. 2, operative July 1, 1984. Amended by Stats.1984, c. 102, p.
1.2, urgency, eff. April 30, 1984.)
1983 Legishhee. .....;i 1984 Amendment. Deleted the second paragraph which
Legislative intent in deleting the July 1, 1984 operative read: "This section shall become operative July 1, 1984."
date of the addition of this section by Stats.1983, c. 845;
2, see note under 66451.11.
66451.13. Notice of intent to determine status
Prior to recording a notice of merger, the local agency shall cause to be mailed by certified mail to
the then current record owner of the property a notice of intention to determine status, notifying the
owner that the affected parcels may be merged pursuant to standards specified' in the merger
ordinance, and advising the owner of the opportunity to request a hearing on determination of status
and to present evidence at the hearing that the property does not meet the criteria for merger. The
notice of intention to determine status shall be filed for record with the recorder of the county m
which the real property is located on the date that notice is mailed. to the property e
AAA
(Added by Stats.1983, c. 845, p. Amended by Stats.1984,
1.3, urgency, eff. April 30, 1984.)
1983 Legislation.
Legislative intent in deleting the July 1, 1984 operative read: "This section shall become operative July 1, 1984-
date of the addition of this section by Stats.1983, c. 845,
2, see note under 66451.11.
66451.14. Request for hearing on determination of status
At arty time within 3(1 days after recording of the notice of intention to determine status, the owner
of the affected property may file with the local agency a request for a hearing on determination of
status.
Asterisks Indicate detetitxrs by amendment
35
E14 A
eine 3 of 6
66451.14
to standards for minimum parcel size to permit use or
development under the zoning ordinance of the local agency
applicable to any such parcels or units of land. The
restoration of this requirement is intended to correct its
inadvertent deletion in Chapter 845 of the Statutes of 1983
and shall therefore be construed as not constituting a change
in, but, as declaratory of preexisting law.
"It is further the intent of the Legislature in repealing
Sections 66451.25 to 66451.29, inclusive, and in amending
Section 66451.19, of the Government Code, to relieve coun-
ties of the obligation to mail a general notice of potential
merger, in that specific notices are required to be given
pursuant to Sections 66451.13 and 66451.19 of the Govern-
ment Code, as amended by this act.
"It is also the intent of the Legislatun in eliminating the
delayed operative date of July 1, 1984, formerly contained in
Sections 66451.11 to 66451.18, inclusive, of the Government
Code, that a local agency may adopt a merger ordinance
which complies with these provisions, and which may then
become effective on or after the effective date of this act,
rather than on or after July 1, 1984."
1984 Ameedmeet Deleted the second paragraph which
O
66451.14
GOVERNMENT. CODE
(Added by Stats.1983, c. 845, p. 2. operative July 1, 1983. Amended by Stats.1984, c. 102. p.
1.4, urgency, eff. April 30, 1934.)
1984 Amendsteot. Deleted the second paragraph which
1983 Legislation.
Legislative intent in deleting the July 1, 1984 operative read: "This section shall become operative July 1, 1984."
date of the addition of this section by Stats.1983, c. 845,.
2, see note under 66451.11.
66451.15. Hearing; time, date and place
Upon receiving a request for a hearing on determination of status, the local agency shall fix a time,
date, and place for a hearing to be conducted by the legislative-body or an advisory agency, and shall
so notify the property owner by certified mail. The hearing shall be conducted not less than 30 days
following the local agency's receipt of the property owner's request therefor, but may be postponed
or continued with the mutual consent of the IoM agency and the property owner.
(Added by Stats.1983, c.'845, p. 2, operative July 1, 1984: Amended by Stats.1984, c. 102, p.
1.5, urgency, eff. April 30, 1984.)
2983 hegnlm8o 1984 Anteadstee P�Sa.
t. Deleted the second oh which
Legislative intent in deleting the July 1, 1984 operative' read: "This section shall become operative July 1, 1984."
date of, the addition of this section by Stats.1983, c. 845,
2, see note under 66451.11.
66451.16. Hearing; evidence; determination of status
At the' hearing, the property owner shall be given the opportunity to present any evidence that the
affected property does not Meet the standards for merger 'specified in the merger ordinance.
At the. conclusion of the hearing, the local agency shall make a determination that the affected
parcels are to be merged or are not to be merged and shall so notify the owner of its determination.
If the merger ordinance so provides, a determination of nonmerger may. be made whether or not the
affected property meets the standards for marger specified in Section 66451.11. A determination of
merger, shall be recorded within 30 days after conclusion of the hearing, as provided for in Section
(Added by Stats.1983, c. 845, p. 2, operative July 1, 1984. Amended by Stats.1984, c. 102, p.
1.6, urgency, eff. April 30, 1984.)
1983 Legislation. 1984 Amendnteet. Deleted the third paragraph which
Legislative intent in deleting-the July 1, 1984 operative read: "this section shall become operative July 1, 1984."
date of the addition Of this section by Stats.1983, c. 845,
2, see note under 66451.11.
66451.17. Failure to request hearing: determination of merger
If, within the 30•day period specified in Section 66451.14, the owner does not file a request for a
hearing in accordance with Section 66451.16, the local agency may, at any time thereafter, make a
determination that the affected parcels are to be merged or are not to be merged. A determination
of merger shall be recorded as provided for in Section 66451.12 no later than 90 days following the
mailing of notice required by Section 66451.15.
(Added by Stats.1983, c. 845, p. 2, operative July 1, 1984. Amended by Stats.1984. c. 102, p.
1.7, urgency, eff. April 30, 1984.)
1983 Legislation. 1984 Ame+xlment. Deleted the second paragraph which.
Legislative intent in deleting the hay 1, 1934 operative read: 'This section shall become operative July 1, 1934."
date of the addition of this section. by Stats.1983, c. 845.
2, see note under 66451.11.
E;b;+ A
'Pale 4 of 6
Underline indicates changes or add'rtione by amendment
36
GOVERNMENT CODE
66451.18. Determination not to merge; release of notice of intent to determine status;
recordation; clearance letter
lf, in accordance with Section 66451.16 or 66451.17, the local agency determines that the subject
property shall not be merged, it shall cause to be recorded in the manner specified in Section 66451.12
a release of the notice of intention to determine status, recorded pursuant to Section 66451.13, and
shall mail a clearance letter to the then current owner of record.
(Added by Stats.1983, c. 845, p. 2, operative July 1, 1984. Amended by Stats.1984, c. 102, p.
1.8, urgency, eff. April 30, 1984.)
1983 Legislation.
Legislative intent in deleting the July 1, 1984 operative
date of the addition of this section by Stats.1983, c. 845,
2, see note under 66451.11.
66451.19. Recordation of notice of merger and continuance of mergers; failure to comply
(a) A city or county shall no later than January 1, 1986, record a notice of merger for any
parcel merged prior to January 1, 1984. After January 1, 1986, no parcel merged prior
to January 1, 1984, shall be considered merged unless such notice of merger has been recorded
prior to January 1, 1986.
(b) Notwithstanding the provisions of Sections 66451.12 to 66451.18 inclusive, a city or county
having a merger ordinance in existence on January 1, 1984, may, until July 1, 1984, continue to effect
the merger of parcels pursuant to that ordinance, unless the parcels would be deemed not to have
merged pursuant to the criteria specified in Section 66451.30. The local agency shall record a notice
of merger for any parcels merged pursuant to that ordinance.
(c) At least 30 days prior to recording a notice of merger pursuant to subdivision (a) or (b), the
local agency shall advise the owner of the affected parcels, in writing, of the intention to record the
notice and specify a time, date, and place at which the owner may present evidence to the legislative
body or advisory agency as to why such notice should not be'Fecorded.
d The failure of a local a enc to com I with the r uirerwents of this article for the me er of
conti ous •arcels or units of land held in common ownershi shall render void and ineffective
resulting merger or reco notice of merger and no further proceedings under the provisions of
this division or a local ordinance enacted pursuant thereto shall be required for the purpose of sale,
lease or financin of such conti ous •arcels or units or an of them until such time as the •arcels
or units of land have een lawfully merged by subsequent proceedings initiate by t e local agency
which meet the requirements of this article.
The failure of a local en to com 1 with the uirements of an rior Iaw establishin
re uirements for the me er of conti ous arcels or units of land held in common
render voidable any resulting me ger or recorded notice of merger. From and after the date the
local aoencv determines that its actions did not comol with the •nor law, or a court enters a
no further
ownershi
•ud
ent
declarin
that
the
actions of the ao
v with the
rior law
did not com
proceedings under the provisions of this division or a local ordinance enacted pursuant thereto shall
be r uired for the u of sale lease or financin of such conti ous parcels or units. or an of
them, until such time as the parcels or units of Ian have been lawfully merged by subsequent
proceedings initiated by the local agency which meet the requirements of this article.
(Added by Stats.1983, c. 845, p. 2. Amended by Stats.1984, c. 102, p. 2, urgency, eff.
April 30, 1984.)
1984 Amendment. Rewrote subd. (a) which previously
read: "A city or county having a merger ordinance in
existence on January 1, 1984, shall no later than January 1,
1986, file a notice of merger for any parcel merged pursuant
to such ordinances prior to January 1, 1984. After January
1, 1986, no parcel merged pursuant to such ordinance prior
to January 1, 1984, shall be considered merged pursuant to
such ordinance unless such notice of merger is recorded.
inserted "Notwithstanding the provisions of Sections
Asterisks Indicate deletions by amendment
37
66451.19
ESkf A
Par S" of
1984 Amendment. Deleted the second paragraph which
read: 'This section shall become operative July 1, 1984."
66451.12 to 66451.18, inclusive, a" at the beginning of subd.
(b); substituted "deemed not to have merged" for "eligible
for unmerger" preceding "pursuant to the criteria" in the
first sentence of subd. (b); substituted "Section 66451.30"
for "Section 66451.25" at the end of the tint sentence of
subd. (b); and added subds. (d) and (e).
1984 Legislation.
Legislative intent in amending this section relating to
notice, see note under 66451.11.
66451.20
!'66451.20. Resolution of intent to amend merger ordinanee; notice; publication
Prior to amending a merger ordinance which was in existence on January 1, 1984, in order to bring
it into compliance with Section 66451.11, the legislative body ,of the local agency shall adopt a
resolution of intention and the clerk of the legislative body shall cause notice of the adoption of the
resolution to be published in the manner prescribed by Section 6061. The publication shall have been
completed not less than 30 days prior to adoption of the amended ordinance
(Added by Stats.1983, c. 845, p. 2.)
f 66451.21. Adoption of merger ordinances; resolution; hearing notice
Prior to the adoption of a merger ordinance in conformance with Section 66451.11, by a city or
county not having a merger ordinance on January 1, 1984, the legislative body shall adopt a
resolution of intention to adopt a merger ordinance and fix a time and place for a public hearing on
the proposed ordinance, which shall be conducted not less than 30 nor more than 60 days after
adoption of the resolution. The clerk of the legislative body shall cause a notice of the hearing to be
published in the manner prescr by Section 6061. Publication shall have been completed at least
seven days prior to the date of the hearing. The notice shall:
(a) Contain the teat of the resolution.
(b) State the time place of the hearing.
(c) State that at the hearing all interested persons will be heard.
(Added by Stats.1983, c. 845, p. 2.)
ExQi1164
jafie 6 of
GOVERNMENT CODE
i:.
c.
CHAPTER 4.5. DEVELOPMENT RIGHTS [NEW]
Section
66498.1. Vesting tentative map; approval; conditions; final map approvaL
66498.2. Amendment to vesting tentative map; application.
66498.3. Vesting tentative maps inconsistent with zoning ordinance; conditional approval subject to
zoning ordinance change.
66498.4. Departures from ordinances, policies and standards: local agency approval.
66498.5. Filing of vesting tentative map as prerequisite to approval of proposed subdivision.
66498.6. Effect of chapter on local agency development conditions.
66498.7. Application of chapter, residential development limitation.
66498.8. Implementation of chapter, fees; operative date.
Chapter 4.5 was added by Stats.1984, c. 1118 p. 8, operative Jan. 1, 1986 with
the exception of 66498.8 which is operative Jan. 1, 1985.
66498.1. Vesting tentative map; approval; conditions; final map approval
(a) Whenever a provision of this division requires that a tentative map be filed, a vesting tentative
map may instead be filed.
(b) When a local agency approves or conditionally approves a vesting tentative map, that approval
shall confer a vested right to proceed with development in substantial compliance with the ordi-
nances, policies, and standards described in Section 66474.2. However, if Section 66474.2 is repealed,
that approval shall confer a vested right to proceed with development in substantial compliance with
the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or
conditionally approved.
Asterisks indicate deletions by amendment
Ex kib4 B
aye 1 61 4
66498.1
GOVERNMENT CODE
(c) Notwithstanding subdivision (a), the local agency may condition or deny a permit, approval,
extension, or entitlement if it determines any of the following:
(1) A failure to do so would place'the residents of the subdivision or the immediate community, or
both, in a condition dangerous to their health or safety, or both.
(2) The condition or denial is required, in order to comply with state,or federal law.
(d) The rights conferred by this section shall expire if a final map is not approved prior to the
expiration of the vesting tentative map. If the final map is approved, the rights conferred by this
section shall be subject to the periods of time set forth in subdivisions (g) and (h) of Section 66452.6.
(Added by Stats.1984, c. 1113, p. 8, operative Jan. 1, 1986.)
Operative Jan. 1, 1986.
1984 Legislation.
Section 1 of Stats.1984, c. 1113, p. provides:
By this enactment, the Legislature intends to accomplish
all of the following objectives:.
°(a) To establish a procedure for the approval of tentative
maps that will provide certain statutorily vested rights to a
subdivider....
"(b) To ensure that !Deal requirements governing the
development of a proposed subdivision are established in
`accordance with Section 66498.1 of the Government Cod
when a local agency approves or conditionally approves a
nesting tentative map.. The private sector should be able to
60
Ex Q;dr+ s
Pme of 4
rely upon an approved vesting tentative map prior to ex-
pending resources and incurring liabilities without the risk
of having the project frustrated by subsequent action by the
approving local agency, provided the time periods estab-
lished by this enactment have not elapsed.
`'(c) To ensure that local agencies have maximum discre-
tion,- consistent with Section 66498.1 of the Government
Coda in the imposition of conditions on any approvals
occurring to the approval or conditional approv-
al of the vesting tentative map, so long as that discretion is
not exercised in a manner which precludes a subdivider
from proceeding with the proposed subdivision."
.9 04982 Amendment to vesting tentative map; application
Any time prior to the expiration of the vesting tentative map pursuant to subdivisions (g) and (h) of
Section 66452.6 or subdivision (g) of Section 66463.5 the subdivider, or his or her assignee, may apply
for an amendment to the vesting tentative map.
(Added by Stats.1984, c. i113, p. 8, operative Jan. 1, 1986.)
Operative Jan. 1, 1986.
66498.3. Vesting tentative maps incongistent with zoning ordinance; conditional approval
subject to zoning ordinance change
(a) Whenever a subdivider files a vesting tentative map for a subdivision whose intended
development is inconsistent with the zoning ordinance in existence at that time, that inconsistency
shall be noted on the map. The local agency may deny such a vesting tentative map or approve it
conditioned on the subdivider, or his or her designee, obtaining the necessary change in the zoning
ordinance to eliminate the inconsistency. If the change in the zoning ordinance is obtained, the
approved or conditionally approved vesting tentative map shall, notwithstanding Section 66498.1,
confer the vested right to proceed with the development in substantial compliance with the change in
the zoning ordinance and the map, as approved.:
(b) The rights conferred by this section shall be for the time periods set forth in subdivisions (g)
and (h) of Section 66452.6.
(Added by Stats.1984, c. 1113, p. 8, operative Jan.. 1, 1986.)
Operative Jan. 1, 1986.
66498.4. Departures from ordinances, policies and standards; local agency approval
Notwithstanding any provision of this chapter, a property owner or his or her designee may seek
approvals or permits for development which depart from the ordinances, policies, and standards
described in subdivision (a) of Section 66498.1 and Section 66498.3, and local agencies may grant
these approvals or issue these permits to the extent that the departures are authorized under
applicable law.
(Added by Stats.1984, c. 1113, p. 8, operative Jan. 1, 1986.)
Operative Jan. 1, 1986.
Underline indicates changes or additions by amendment
GOVERNMENT CODE
66498.5. Filing of vesting tentative map as prerequisite to approval of proposed subdivision
If a subdivider does not seek the rights conferred by this chapter, the filing of a vesting tentative
map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction,
or work preparatory to construction.
(Added by Stats.1984, c. 1113, p. 8, operative Jan. 1, 1986.)
Operative Jan. 1, 1986.
66498.6. Effect of chapter on local agency development conditions
(a) This chapter does not enlarge, diminish, or alter the types of conditions which may be imposed
by a local agency on a development, nor in any way diminish or alter the power of local agencies to
protect against a condition dangerous to the public health or safety.
(b) The rights conferred by this chapter shall relate only to the imposition by local agencies of
conditions or requirements created and imposed by local ordinances. Nothing in this chapter
removes, diminishes, or affects the obligation of any subdivider to comply with the conditions and
requirements of any state or federal laws, regulations, or policies and does not grant local agencies
the option to disregard any state or federal laws, regulations, or policies.
(Added by Stats.1984, c. 1113, p. 8, operative Jan. 1, 1986.)
Operative Jan. 1, 1986.
66498.7. Application of chapter, residential development limitation
This chapter applies only to residential developments.
(Added by Stats.1984, c. 1113, p. 8, operative Jan. 1, 1986.)
Operative Jan. 1, 1986.
66498.8. Implementation of chapter, fees; operative date
(a) On or before January 1, 1986, every local agency shall establish procedures, by ordinance or
resolution, necessary for the implementation of this chapter.
(b) The local agency may charge subdividers who file vesting tentative maps a fee in an amount
sufficient to recover the direct costs associated with establishing and adopting those procedures.
(c) This section shall become operative January 1, 1985.
(Added by Stats.1984, c. 1113, p. 8.)
E414- B
Vale 3 .f H
66499.7
6 .66452.6. Expiration; development moratoriums; pending lawsuit; termination of proceedings;
extension of time appeal from denial of extension
Test of section operative Jan. 1, 1986.
(a) An approved or conditionally approved tentative :nap shall expire 24 months after its approval
or conditional approval, or after any additional period of time as .may be prescriled by local
ordinance, not to exceed an additionarl2 months.
(b) The period of time specified in subdivision (a) shall not include any period of time during which
a development moratorium, imposed after approval of the tentative map, is in existence, provided
however, that the length of the moratorium does not exceed five years.
Once a moratorium is terminated, the map shall be valid for the same period of time as was left to
run on the map at the time that the moratorium was imposed However, if the remaining time is less
than 120 days, the map shall be valid for 120 days following the termination of the moratorium.
(c) The period of time specified in subdivision (a), including any extension thereof granted pursuant
to subdivision 1e?, shall not include the period of time during which a lawsuit involving the
approval or conditional approval of the tentative map is or was pending in a court of competent
jurisdiction, if the stay of the time period is approved by the local agency pursuant to this section.
After service of the initial petition or complaint in the lawsuit upon the Local agency, the subdivider
may apply to the local agency for a stay pursuant to the local agency's adopted procedures. Within
40 days after receiving the application, the local agency shall either stay the time period for up to
five years or deny the requested stay. The local agency may, by ordinance, establish procedures for
reviewing the requests, including, but not limited to, notice and hearing requirements, appeal
procedures and other administrative requirements.
(d) The expiration of the approved or conditionally approved tentative map shall terminate all
proceedings and no final map or parcel map of all or any portion of the real property included within
the tentative map shall be filed with the legislative body pursuant to Section 66457 without first
processing a new tentative map. Once a timely filing is made pursuant to Section 66457, subsequent
actions of the local agency, including, but not limited to, processing, approving, and recording, may
lawfully occur after the date of expiration of the tentative map...
(e) Upon application of the subdivider filed prior to the expiration of the approved or conditionally
approved tentative map, the time at which the map expires may be extended by the legislative body
or by an advisory agency authorized to approve or conditionally approve tentative maps for a period
or periods not exceeding a total of three years. If the advisory agency denies a subdivider's
application for extension, the subdivider may appeal to the legislative body within 15 days after the
advisory agency has denied the extension.
(f)'For purposes of this section, a development moratorium shall include a water or sewer
moratorium or a water and sewer moratorium, as well as other actions of public agencies which
regulate land use, development, or the provision of services to the land, other than the public agency
with the authority to approve or conditionally approve the tentative map, which thereafter prevents,
prohibits, or delays the approval of a final or parcel map.
(g)-The rights conferred by a vesting tentative map as provided by Chapter 4.5 (commencing with
Section 66498.1) shall last for an initial time period
eriod as provided by ordinance but shall not be Less
than one year or more than twoyears beyond the recording of the final map. Where several final
ma s are recorded on various hases of a •rdect covered b a sin le vestin: tentative ma the one
year initial time peri shall begin for each phase when the final map for that phase is reco ed.
The initial time period shall be automatically extended by any time used by the local agency for
processing a complete application for a grading permit or for design or architectural review, if the
time used b the local a encv to rocess the a• .lication exceeds 30 days from the date that a
complete application is filed. Any time prior to the expiration of the initial time period provided by
this section, the subdivider may apply for a one-year extension. If the extension is denied by an
advisory agency, the subdivider may appeal that denial to the legislative body within 15 days.
(h) If the subdivider submits a complete application for a building permit during the periods of
time specified in subdivision (g), the rights conferred by Chapter 4.5 (commencing with Section
66498.1) shall continue until the expiration of that permit, or any extension of that permit granted by
the local agency.
(Amended by Stats.1984, c. 1113, p. 6; Stats.1984, c. 1302, p. 3, urgency, eff. Sept. 20,
1984; Stats.1984, c. 1302, p. 3.5, urgency, eff. Sept. 20, 1984, operative Jan. 1, 1986.)
For text of section operative until Jan. 1, 1986, see 66452.6, ante.
1984 I.egialatioe.
Objectives of Stats.1984, c. 1113, p. see note under
66498.1.
Underline Indleatee changes or additions by amendment
42
ExC6iti. 13
Par 014
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SARATOGA AMENDING
ORDINANCE NS-60, THE SUBDIVISION ORDINANCE, BY
ADDING ARTICLE FIVE RELATING TO MERGER OF
PARCELS, ARTICLE SIX RELATING TO LOT LINE
ADJUSTMENTS, ARTICLE SEVEN RELATING TO VESTING
TENTATIVE MAPS, AND AMENDING SECTION 21
CONCERNING EXEMPTIONS FROM BUILDING SITE
APPROVAL
The City Council of the City of Saratoga does ordain as follows:
SECTION 1: Article Five, entitled "Merger of Parcels," is hereby added to
Ordinance NS -60, to read as follows:
ARTICLE FIVE
MERGER OF PARCELS
Sections:
31.1 Requirements for parcel merger
31.2 Notice of intended merger
31.3 Request for hearing; notice
31.4 Action by Planning Commission
31.5 Determination when no hearing is requested
31.6 Release of notice of intended merger
31.7 Effective date of merger
Toppel /Muni /8/12/85
S31.1 Requirements for parcel merger
A parcel or unit of land may be merged with a contiguous parcel or unit of land
held by the same owner if any one of such parcels or units does not conform to the
applicable standard for minimum site area as prescribed in. the Zoning Ordinance, and
all of the following requirements are satisfied:
(a) At least one of the affected parcels is undeveloped by any structure for
which a building permit was issued or for which a building permit was not required at
the time of construction, or is developed only with an accessory structure or accessory
structures, or is developed with a single structure other than an accessory structure
that is also partially sited on a contiguous parcel or unit.
(b) With respect to any affected parcel, one or more of the following
conditions exist:
(1) The parcel comprises less than five thousand square feet in gross site
area at the time of the determination of merger.
Toppel /Muni /8/12/85
(2) The parcel was not created in compliance with applicable laws and
ordinances in effect at the time of its creation.
(3) The parcel does not meet current standards for sewage disposal and
domestic water supply.
(4) The parcel does not meet slope stability standards.
(5) The parcel has no legal access which is adequate for vehicular and
safety equipment access and maneuverability.
(6) Development of the parcel would create health or safety hazards.
(7) The parcel is inconsistent with the General Plan and any applicable
specific plan, other than minimum lot size or density standards.
(c) For purposes of determining whether contiguous parcels are held by the
same owner, ownership shall be determined as of the date that notice of intention to
determine status is recorded pursuant to Section 31.2 of this Article.
531.2 Notice of intended merger
Whenever the Director of Community Development believes that a parcel or unit
of land may satisfy the requirements set forth in Section 31.1 and ought to be merged,
or whenever the Planning Commission or the City Council makes such determination
and instructs the Director of Community Development to initiate proceedings under
this Article, the Director shall cause to be mailed by certified mail to the then current
owner of the property a notice of intention to determine status, notifying the owner
that the affected parcels may be merged pursuant to the standards of this Article, and
advising the owner of the opportunity to request a hearing on determination of status
and to present evidence at the hearing that the property does not meet the criteria for
merger. The notice of intention to determine status shall be filed for record in the
office of the County Recorder on the date that notice is mailed to the property owner.
531.3 Request for hearing; notice
At any time within thirty days after recording the notice of intention to
determine status, the owner of the affected property may file with the Director of
Community Development a request for a hearing on determination of status. Upon
receiving such request, the Director shall fix a time, date and place for a hearing to be
conducted by the Planning Commission and shall so notify the property owner by
certified mail. The hearing shall be conducted not less than thirty days following the
Director's receipt of the property owner's request therefor, but may be postponed or
continued with the mutual consent of the Planning Commission and the property
owner.
531.4 Action by Planning Commission
(a) At the hearing conducted by the Planning Commission in accordance with
Section 31.3, the property owner shall be given the opportunity to present any
-2-
evidence that the affected property does not meet the standards for merger as
specified in Section 31.1 of this Article. Upon the conclusion of such hearing, the
Planning Commission shall make a determination that the affected parcels are to be
merged or are not to be merged and shall so notify the property owner of its
determination. A determination of nonmerger may be made by the Planning
Commission whether or not the affected property meets the standards for merger
specified in Section 31.1 of this Article.
(b) The action by the Planning Commission may be appealed to the City
Council in accordance with the procedure set forth in Section 9 of this Ordinance.
(c) A final determination and notice of merger by the Planning Commission or
the City Council on appeal shall be recorded in the office of the County Recorder
within thirty days after the date on which the determination is rendered. The notice
shall specify the names of the record owners and the legal description of the affected
property.
§31.5 Determination when no hearing is requested
If, within the thirty day period specified in Section 31.3, the owner does not file
a request for a hearing, the Planning Commission may, at any time thereafter, make a
determination that the affected parcels are to be merged or are not to be merged. A
determination of merger shall be recorded as provided in Subsection 31.4(c) no later
than ninety days following the mailing of notice required by Section 31.2.
§31.6 Release of notice of intended merger
If the Planning Commission, or the City Council on appeal, determines that the
affected parcels shall not be merged, it shall cause to be recorded in the office of the
County Recorder a release of the notice of intention to determine status recorded
pursuant to Section 31.2, and shall mail a clearance letter to the then current owner of
the property.
§31.7 Effective date of merger
If the Planning Commission, or the City Council on appeal, determines that the
affected parcels shall be merged, the merger will become effective upon the recording
in the office of the County Recorder the determination of merger as provided in
Subsection 31.4(c).
SECTION 2: Article Six, entitled "Lot Line Adjustments," is hereby added to
Ordinance NS -60, to read as follows:
ARTICLE SIX
LOT LINE ADJUSTMENTS
Sections:
32.1 Application
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-3-
32.2 Tentative map and required information
32.3 Investigation and report by Director of
Community Development
32.4 Action by advisory agency
32.5 Expiration of tentative approval; extensions
32.6 Preparation, approval and recordation of final
parcel map
§32.1 Application
Application for a lot line adjustment shall be filed with the Director of
Community Development on such form as he shall prescribe. The application shall be
signed by the owners of all properties which are the subject of the proposed lot line
adjustment. The Director of Community Development shall examine the application
and the documents submitted therewith, and shall not accept the same until all of the
requirements of this Article with respect to the form, content and number of maps,
information to be furnished and documents to be submitted with the application have
been fully satisfied and all fees and costs due and payable at the time of filing the
application have been paid in full. The time of filing the application shall be the date
on which the application is accepted by the Director of Community Developoment as
being complete.
§32.2 Tentative map and required information
The applicant shall submit eighteen copies of a proposed tentative map clearly
and legibly drawn by a registered civil engineer or land surveyor. Such map shall have
a dimension of not less than eighteen inches by twenty -six inches, and the scale
thereof, based upon the combined area of all properties which are the subject of the
lot line adjustment, shall be as follows: one inch shall be equal to twenty feet for two
acres or less; one inch shall be equal to fifty feet for two acres through twenty acres;
and one inch shall be equal to one hundred feet for over twenty acres in area. The
tentative map shall contain, or shall be accompanied by, the following information:
(a) The existing lot lines of all properties which are the subject of the lot line
adjustment and the name of any existing recorded maps applicable to such properties,
the date of recording such maps, and the book and page of the official records where
such maps are recorded.
(b) The proposed lot lines and the dimensions of the lots as reconfigured by the
lot line adjustment, including frontage, width, depth and area in square feet.
(c) Date of preparation, north point and scale.
(d) A key map showing adjacent contiguous property on all sides, giving
location, names and widths of adjacent rights -of -way.
(e) Name and address of record owners of all properties which are the subject
of the lot line adjustment and the name and address of the civil engineer or land
surveyor who prepared the reap.
Toppel /Muni /8/12/85
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(f) Locations, names, widths, centerline radii and centerline slopes of all
streets within or adjacent to the subject properties.
feet.
(g) Existing contours of the subject properties, expressed in intervals of five
(h) Location and description of all existing buildings and structures upon the
subject properties.
(i) Location and character of all existing easements.
(j) Existing use or uses and zoning classification of each property having a lot
line to be adjusted.
(k) Location of all creeks, streams and other watercourses, showing top of
existing banks and creek depth.
(1) All provisions for sewage disposal, storm drainage and flood control which
are proposed by the applicant.
(m) Existing wells, active or abandoned, and disposition proposed.
(n) Location of existing native, ornamental and orchard trees, including
outline, centers and species having a trunk circumference of thirty -two inches or more
at a point twenty -four inches above natural grade.
(o) A preliminary title report issued within ten days from date of filing the
application by a reputable title company doing business in the County issued to or for
the benefit of the City and showing all parties having any interest in the subject
properties.
(p) In addition to the foregoing, the Director of Community Development may
require the applicant to submit such additional maps, documents, information and
materials as the Director deems necessary for the review, processing and evaluation of
the proposed lot line adjustment. If any such additional maps, documents, information
or materials are required, the Director shall so advise the applicant in writing within
thirty days from the filing of the application.
§32.3 Investigation and report by Director of
Community Development
(a) The Director of Community Development may transmit a copy of the
proposed tentative map to such persons and agencies as he may deem appropriate for
review and recommendations thereon, including, but not limited to, the Health
Officer, the Santa Clara Valley Water District, the sanitation and fire districts having
jurisdiction, and any utility companies.
(b) Upon receipt of any recommendations from the persons and agencies
referred to in Paragraph (a) of this Section and completion of his own review and
analysis of the application, the Director of Community Development shall cause a
written staff report to be prepared and submitted to the advisory agency and shall
Toppel/Muni/8/1 2/85
-5-
furnish the applicant with a copy of such report not later than three days prior to the
date on which the application is first considered by the advisory agency.
§32.4 Action by advisory agency
(a) Within fifty days after the application is accepted and complete, unless
such time is extended by mutual agreement of the advisory agency and the applicant,
the advisory agency shall approve, conditionally approve or disapprove the application
and shall report such action to the applicant. A copy of said report shall be kept on
file in the City offices for a period of not less than five years, and in all events, until
the recordation of a parcel map, as required under Section 31.6, and final acceptance
of construction of improvements and the termination of the applicant's responsibility
to maintain such improvements.
(b) The advisory agency shall not approve any tentative map for a lot line
adjustment unless it makes all of the following findings:
(1) That the proposed lot line adjustment is consistent with the General
Plan and any applicable specific plan.
(2) That the proposed lot line adjustment is consistent with the
regulations contained in the Zoning Ordinance and this Ordinance.
For the purpose of this finding, the lot line adjustment shall be
deemed consistent if no new violation of such regulations is created
by the lot line adjustment, or if the nonconformity created by the lot
line adjustment is specifically approved by the advisory agency
through the appropriate process, such as the granting of a variance or
use permit under the Zoning Ordinance or the granting of an
exception under this Ordinance.
(3)
That the proposed lot line adjustment will not conflict with
easements acquired by the public at large for access through or use
of the subject properties. In this connection, the advisory agency
may grant tentative map approval if it finds that alternate easements
for access or use will be provided, and that these will be substantially
equivalent to ones previously acquired by the public. This subsection
shall apply only to easements of record or to easements established
by judgment of a court of competent jurisdiction and no authority is
hereby granted to the advisory agency to determine that the public at
large has acquired easements for access through or use of property
within the subject properties.
§32.5 Expiration of tentative approval; extensions
(a) An approved or conditionally approved tentative map for a lot line
adjustment shall expire twenty -four months from the date on which the advisory
agency, or the City Council on appeal, granted its approval or conditional approval.
(b) An extension of the expiration date may be granted by the advisory agency
for a period or periods of time not exceeding thirty -six months. The application for
extension shall be filed prior to the expiration date, and shall be accompanied by the
Toppel /iViuni /8/ 12/8
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payment of a fee in such amount as established from time to time by resolution of the
City Council. Extension of tentative map approval is not a matter of right and the
advisory agency may deny the application.
§32.6 Preparation, approval and recordation of parcel map
(a) Prior to the expiration of the tentative map approval or extension thereof
pursuant to Section 32.5, the applicant shall submit to the City Engineer a proposed
final parcel map and such other documents as listed in Section 18 of this Ordinance as
may be required under the conditions of the tentative map approval. The form and
content of such parcel map shall comply with the requirements set forth in Section
18.3, except that a certificate by the City Clerk (Government Code Section 66440)
shall not be included thereon.
(b) The City Engineer shall examine the final parcel map and accompanying
data and shall determine:
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(1) Whether the proposed final map substantially complies with the
approved tentative map;
(2) Whether all conditions of tentative approval have been completed, or
if incomplete, are matters which are includable in a regular or
deferred improvement agreement with the City;
(3) Whether all provisions of this Ordinance and all other applicable
provisions of law have been complied with; and
(4) Whether the final parcel map is technically correct.
(c) Upon the City Engineer's determination that all requirements of this
Section have been satisfied, he shall execute the City Engineer's certificate on the
final parcel map and notify the applicant that such map has been approved as to form
and content. The City Engineer shall thereupon cause the final parcel map to be filed
for record in the office of the County Recorder when all of the following conditions as
may be applicable have been satisfied:
(1) The applicant has executed the City's standard or deferred form of
improvement agreement and furnished to the City the security
required thereunder.
(2) The applicant has furnished to the City the monument bond
guaranteeing payment of the cost of setting monuments (Government
Code Section 66496), and County certification that the requisite tax
bond has been posted (Government Code Section 66493) and such
other agreements and bonds as may from time to time be required by
law.
(3)
The applicant has furnished to the City the insurance policy or
certificates required by Section 17.3 of this Ordinance.
(4) The applicant has executed and furnished to the City for recordation
any offers of dedication to be made by separate instrument, deeds, or
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other documents affecting title and relating to the final parcel map,
together with the applicable recording fees, if any.
(5) All required fees and costs have been paid in full to the City.
(d) Within ten days after recordation of the final parcel map, the applicant at
his own expense shall furnish the City Engineer with one blue line print and one mylar
transparency of the recorded map and approved improvement plans and three paper
copies of the recorded map and approved improvement plans.
(e) Where an offer of dedication is made upon or in connection with a parcel
map for a lot line adjustment, the provisions of Section 18.6 shall be applicable to such
offer.
SECTION 3: Article Seven, entitled "Vesting Tentative Maps," is hereby added to
Ordinance NS-60, to read as follows:
ARTICLE SEVEN
VESTING TENTATIVE MAPS
Sections:
33.1 Application of Article
33.2 Rights of vesting tentative map; expiration
and extension
33.3 Zoning approvals prior to map approval
33.4 Amendment to vesting tentative map
33.5 Effect of inconsistent zoning regulations
33.6 Right of property owner to seek approvals
33.7 Vesting tentative map not mandatory
33.8 Compliance with other laws
533.1 Application of Article
Whenever a provision of this Ordinance requires that a tentative rnap for a
residential development be filed, a vesting tentative map may instead be filed
pursuant to this Article. If the application is for a single project having both
residential and commercial uses, this Article shall apply only to that portion of the
project which is residential.
S33.2 Rights of vesting tentative map
(a) The approval or conditional approval of a vesting tentative map shall
confer a vested right to proceed with the development in substantial compliance with
the ordinances, policies and standards of the City in effect as of the time the
application for tentative map approval was determined by the Director of Community
Development to be complete; provided, however, in the event Section 66474.2 of the
Government Code is repealed, such approval shall confer a vested right to proceed
with the development in substantial compliance with the ordinances, policies and
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standards in effect at the time the vesting tentative is approved or conditionally
approved.
(b) Notwithstanding the provisions of Paragraph (a) of this Section, the
advisory agency may condition or deny a permit, approval, extension or entitlement if
it determines any of the following:
(1) A failure to do so would place the residents of the development or
the immediate community, or both, in a condition dangerous to their
health or safety, or both.
(2) The condition or denial is required in order to comply with State or
Federal law.
(c) The rights conferred by this Section shall expire if a final map is not
approved prior to the expiration of the vesting tentative map. If the final map is
approved, the rights conferred by this Section shall continue for the following periods:
(1) One year after the recording of the final map, such period to be
automatically extended by any time used by the City for processing a
complete application for a grading permit or for design review if such
time exceeds thirty days from the date the application for the
grading permit or design review is filed; plus
(2) A one year extension, if application therefor is made prior to the
expiration of the initial period set forth in Subparagraph (1) above.
(3) If the subdivider or owner submits a complete application for a
building permit during the periods of time specified in Subparagraphs
(1) and (2) above, the rights conferred by this Section shall continue
until the expiration of that permit, or any extension of that permit
granted by the City.
533.3 Zoning approvals prior to map approval
Prior to granting approval of a vesting tentative map, the advisory agency may
require the applicant to first obtain any design review approval, use permit, variance
or other approval that may be required under the Zoning Ordinance with respect to the
proposed development.
533.4 Amendment to vesting tentative map
Any time prior to the expiration of the vesting tentative map pursuant to
Subsection 33.2(c), the subdivider or owner may apply for any amendment to the
vesting tentative map.
533.5 Effect of inconsistent zoning regulations
Whenever a subdivider or owner files a vesting tentative map for a subdivision or
building site whose intended development is inconsistent with any regulations
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contained in the Zoning Ordinance, that inconsistency shall be noted on the map. The
advisory agency may deny such a vesting tentative map or approve it conditioned on
the applicant obtaining the necessary change in the Zoning Ordinance to eliminate the
inconsistency. If such change is obtained, the approved or conditionally approved
vesting tentative map shall, notwithstanding the provisions of Section 33.2, confer the
vested right to proceed with the development in substantial compliance with the
change in the Zoning Ordinance and the map, as approved. The rights conferred by
this Section shall continue for the periods of time specified in Subsection 33.2(c) of
this Article.
S33.6 Right of property owner to seek approvals
Notwithstanding any provision of this Article, a property owner may seek
approvals or permits for development which depart from the ordinances, policies and
standards described in Subsection 33.2(a) and Section 33.5, and the advisory agency
may, but shall not be required, to grant such approvals to the extent the departures
are authorized under the applicable provisions of this Code.
S33.7 Vesting tentative map not mandatory
If a subdivider or owner does not seek the rights conferred by this Article, the
filing of a vesting tentative map shall not be a prerequisite to any approval for a
proposed subdivision or building site or permit for construction or work preparatory for
construction.
533.8 Compliance with other laws
(a) Nothing in this Article shall enlarge, diminish or alter the types of
conditions which may be imposed by the City on a development, nor in any way
diminish or alter the power of the City to protect against a condition dangerous to the
public health or safety.
(b) Nothing in this Article shall remove, diminish or affect the obligation of
any subdivider or owner to comply with the conditions and requirements of any State
or Federal law, regulation or policy.
SECTION 4: Section 21 of Ordinance NS -60 is hereby amended to read as follows:
X21 Building site approval; requirement and exemptions
No person shall sell, or lease for a period in excess of ten years, or finance, any
subdivision of four or less parcels, or of five or more parcels otherwise exempt from
the provision of Article Two of this Ordinance, or construct any building or structure
upon a site, or pave any site for off street parking where the paved surface does or
will exceed one thousand square feet, or move any building or structure onto any site,
nor shall any building permit be issued for the erection, construction or improvement
of the same, until tentative and final building site approval have been granted by the
advisory agency pursuant to this Article and a final approved parcel map has either
been filed for record in the office of the County Recorder or has been
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(b) Where final building site approval for the identical lot or site has
previously been obtained from the City within fifteen years prior to the date of
application for building permit, in accord with such ordinance requiring site approval
as was in effect at that time, and the requisite record of survey or parcel map is of
record evidencing such site approval.
(c) Where the site already has a main structure existing thereon, which was
erected, in conformity with all laws and ordinances applicable at the time of its
erection, and where the contemplated construction consists of the addition to or
expansion of a main or accessory structure or both where such does not increase the
total floor space under roof of all structures on the site by fifty percent or more of
the amount of floor space under roof immediately prior to such expansion. For the
purposes of this exception, any expansion or addition shall be considered as equalling
or exceeding the fifty percent limit where the work of construction or improvement is
done at different time intervals requiring two or more building permits, within a
period of five years after completion of the first improvement, where although each is
for a project encompassing an addition of less than fifty percent of increased floor
area, but when combined with other expansions during said five year period of time
increase the total amount of floor space under roof of all structures on the site by
fifty percent or more of that amount which existed immediately prior to the
commencement of the first of the several additions or expansions. Notwithstanding
the foregoing provisions of this Paragraph, no building site approval shall be required
under this Article in the case of an addition to or expansion of a single family
residence or accessory structure, or both, located upon a single lot or parcel which
increases the floor space under roof by fifty percent or more, if all of the following
requirements are satisfied, as determined by the Director of Community Development:
(1) All public utilities have been installed or are readily available to
service the site and will be installed as part of the expansion work.
waived in accordance with Section 24.4 of this Ordinance; provided, however, no
building site approval under this Article shall be required in any of the following cases:
(a) Where the identical site is shown as a lot on a final approved subdivision
map recorded within fifteen years prior to the date of application for a building
permit.
(5)
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(2) If any dedication to the public would have been required as a
condition for building site approval, including, but not limited to,
dedications for roads, easements or other rights -of -way, the
applicant shall have duly executed a written instrument making such
dedication.
(3) No construction or improvement of any off -site public facility is
required, including, but not limited to, roads, sewers or utility lines.
(4) If participation by the applicant in any existing or future assessment
or improvement district would have been required as a condition for
building site approval, the applicant shall have executed a written
agreement to so participate.
There are no other conditions or circumstances affecting the site or
the proposed improvements to be constructed thereon for which
building site approval under this Article would be necessary or
appropriate.
(d) The reconstruction of a main or accessory structure which was originally
erected in conformity with all laws and ordinances applicable at the time of its
erection and which has been destroyed by fire, act of God or other calamity, except
landslide, earthquake, earth movement, soil instability or flood. The exemption under
this Paragraph shall apply only if the restoration work is commenced within one year
from the time of destruction, unless an extension for good cause is granted by the
Director of Community Development, and such work is prosecuted diligently to
completion.
The Director of Community Development or the advisory agency may require the
preparation, approval and recording of a parcel map in any case where an exemption
from building site approval is otherwise available under any provisions of this Section.
SECTION 5: If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held by a court of competent jurisdiction to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council of the City of Saratoga hereby declares that it
would have passed this Ordinance and each section, subsection, sentence, clause and
phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases may be held invalid or unconstitutional.
SECTION 6: This Ordinance shall become effective thirty days from and after the
date of its passage and adoption.
Passed and adopted at a regular meeting of the City Council of the City of
Saratoga held on the day of 1985, by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
CITY CLERK
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MAYOR
EIA -4
Saratoga
Environmental Quality Act of 1970
The undersigned, Director of Planning and Environmental Control of the CITY
OF SARATOGA, a Municipal Corporation, after study and evaluation has
determined, and does hereby determine, pursuant to the applicable
provisions of the Environmental Quality Act of 1970, Section 15063 through
15065 and Section 15070 of the California Administrative Code, and
Resolution 653- of the City of Saratoga, that the following described
project will have no significant effect (no substantial adverse impact) on
the environment within the terms and meaning of said Act.
PROJECT DESCRIPTION
Amend the text of the Subdivision Ordinance by adding merger provisions, a
process for lot line adjustments and vesting of tentative maps, and
revising the exemption from building site approval to include all
structures on site, before and after proposed construction.
NAME AND ADDRESS OF APPLICANT
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA. 95070.
REASON FOR NEGATIVE DECLARATION
DECLARATION THAT ENVIRONMENTAL
IMPACT REPORT NOT REQUIRED
(Negative Declaration)
File No.
The proposed project will not have a significant effect on the environment
since the merger provisions will only affect those lots 5,000 square feet
or less and otherwise not appropriate per the findings required by State
law; the vesting of tentative maps is a process required to be in place by
the State as of January 1, 1986; the lot line adjustment process that the
City is currently following is simply being codified; and the exemption
process will only affect single lots (whose development is categorically
exempt).
Executed at Saratoga, California this day of 19._
ROBERT S. SHOOK
DIRECTOR I OF CONNUNITY DEVELOPMENT AND
ENVIRIMOMMENL CONTROL OF THE CITY OF
SARATOGA
DIRECTOR'S AUTHORIZED STAFF MEMBER