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HomeMy WebLinkAbout71.154 ORDINANCE NO. 71 - 154 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING LOT LINE ADJUSTMENT APPLICATION PROCEDURES SECTION 1: The City Coundl of the City of Saratoga hereby ordains to amend Section 14-50.040 of the City Code as follows: 14-50.040 Action by Community Development Director; findings. (a) Within fifty days after the application is accepted as complete, unless such time is extended by mutual agreement of the advisory agency and the applicant, the Community Development Director 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 record of survey or deed, as required under Section 14-50.060, and final acceptance by the City of any public improvements to be constructed by the applicant and termination of the applicant's responsibility to maintain such improvements. (b) The Community Development Director shall not approve a lot line adjustment unless he 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 Chapter. 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 Chapter 15 of this Code or the granting of an exception under this Chapter. (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 Community Development Director may grant tentative approval if he 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 it hereby granted to the Community Development Director or to the Planning Commission to determine that the public at large has acquired easements for access through or use of any portion of the subject properties. (c) The Community Development Director shall not impose conditions on his approval of a lot line adjustment except for those conditions which the Community Development Director deems necessary or appropriate for implementation of, and conformity with, any zoning regulations set forth in Chapter 15 of this Code or building regulations set forth in Chapter 16 of this Code, or to facilitate the relocation of existing streets, utilities, easements or other rights-of-way. (d) In each of the following cases, no lot line adjustment approval shall be granted until such application has received approval by the Planning Commission: ( 1 ) Any lot line adjustment which does not comply with Subsection (b) above. (2) Any lot line adjustment affecting a parcel of land which is determined through the Certificate of Compliance process to have been improperly recorded. (e) A public hearing shall be conducted for any lot line adjustment application requiring Planning Commission approval pursuant to Subsection (d) above. Notice of the hearing shall be given not less than ten days nor more than thirty days prior to the date of the hearing by mailing, po~tage prepaid, a notice of the time and place of the hearing to the applicant and to all persons whose names appear on the latest available assessment roll of the County as owning property within five hundred feet of the boundaries of the subdivision or site which is the subject of the application. Notice of the public hearing shall also be published once in the newspaper having general circulation in the City not later than ten days prior to the date of the hearing. SECTION 2: This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council of Saratoga held on the 1 st day of November , 1995, by the following vote. AYES: Councilmembers Burger, Moran, Tucker, Wolfe and Mayor Jacobs NOES: None ABSENT:None MAYOR ATTEST: City Clerk November 1, 1995 J:\WpDXMNRSWX273\ORDXLOTLlNE.W61 The above and fore oinq is true an~ ~orr~t copy ot Ordinance -g~/s~/2~-· w~]!~t! ~§ i}~fl pub 'shed according to I~w..