HomeMy WebLinkAboutOrdinance 60.17 ORDINANCE NO. NS 60.17
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 h 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
***
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 develd~ed 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
condition. s exist:
(1) The parcel comprises less than five thousand square feet in gross site
area at the time of the determination of merger.
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(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.
S31.2 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.
$31.3 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
Direetor'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.
$31.4 Action by Planning Commission
(a) At the hearing conducted by the Planning Commission in aeeordanee with
Section 31.3, the property owner shall be given the opportunity to present any
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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 shah 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.
S31.5 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.
S31.6 Release of notiee of intended merger
If the Planning Commission, or the City Council on appeal, determines that the
affected parcels shah not be merged, it shah 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 shah 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 ADJUSTMEI~ITS
Sections:
32.1 Application
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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 reeordation of final
parcel map
***
532.1 Application
Application for a lot line adjustment shah be filed with the Director of
Community Development on such form as he shall prescribe. The appiication shall be
signed by the owners of aH 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 shah 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 aH fees and costs due and payable at the time of filing the
application have been paid in full. The time of filing the application shah be the date
on which the application is accepted by the Director of Community Developoment as
being complete.
532.2 Tentative map and required information
The applicant shah 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 aH properties which are the subject of the
lot line adjustment, shah be as follows: one inch shall be equal to twenty feet for two
acres or less; one inch shah 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 shah contain, or shah 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 map.
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(f) Locations, names, widths, centerline radii and centerline slopes of all
streets within or adjacent to the subject properties.
(g) Existing contours of the subject properties, expressed in intervals of five
feet.
(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 Direetor 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
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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.
$:12.4 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 agen6y shah 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 ~ 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 sl~all 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 P.x?iration of tentative approval; extensions
(a) An approved or conditionally approved tentative map for a lot line
adjustment shah 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 shah be filed prior to the expiration date, and shall be accompanied by the
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payment of a fee in sueh 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 reeordation 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: /
(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 shah 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 TElqTATIVE 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
S33,1 Application of Article
Whenever a provision of this Ordinance requires that a tentative map 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 shah 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 eonditlonally
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 eommi~ity, lor ljoth, 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.
(e) 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 b~ this Section si{aii'~dh~inue 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.
S33.3 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 u, nder the Zoning Ordinance with respect to the
proposed development.
:~33,4 Amendment to vesting tentative map
Any time prior to the expiration of the vesting .t~ntative *map pursuant to
Subsection 33.2(c), the subdivider or owner may apply for:any amendment to the
vesting tentative map." .... ~
$33,5 Effect of inconsistent zoning regu~tions ,
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 shah 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 condltlonally 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 shah 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.V 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 shah not be a prerequisite to any approval for a
proposed subdivision or building site or permit for construction or work preparatory for
construction.
S33.8 Compliance with other laws
(a) Nothing in this Article shah 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:
S2 1 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 shah 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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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.
(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 ~re 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.
(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.
(5) There are no other conditions or circumstances affecting the site or
the proposed improvements to be constructed thereon for which
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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 4~h day of September , 1985, by the following
vote:
AYES: Councilmenbers Fanelli, Hlava, Moyles and Mayor Clevenger
NOES: None
ABSTAIN: None_"
ABSENT: Councilmember Callon ~ ~/~_/
MAYOR
ATTEST:
CIT~ ~ ~
The above and fore~oin is a true and correct
copy ei Ordinan,~e i,l_<'~o./?.. which has been
', ,'s'b~d ~cc ,' i~_~g to iaw~
Deputy City Clerk Dat(] "'
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