Article 14-50

LOT LINE ADJUSTMENTS

Sections:

Lot line adjustments are intended to provide practical flexibility for minor alterations of existing parcels and/or improved lot design. The lot line adjustment procedure authorizes property line(s) between four or fewer existing adjoining legal parcels to be altered so long as no additional parcels are created and all other state and local requirements are met. (Ord. No. 398, § 1(Att.), 12-20-2023)

Application for a lot line adjustment shall be filed with the Community Development Director on such form as the Director shall prescribe. The application shall be signed by all parties holding an ownership interest in any properties that are the subject of the proposed lot line adjustment. The Community Development Director shall examine the application and shall not file the same until all of the requirements of this Article with respect to the form and content of the application and the documents to be submitted therewith 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 found by the Community Development Director to be complete. (Ord. No. 398, § 1(Att.), 12-20-2023)

The applicant shall submit electronic copies of a scale drawing showing the proposed lot line adjustment, prepared by a registered civil engineer or land

surveyor. Such drawing 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 drawing 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 drawing.

(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, together with a calculation of the average slope of each property, as determined in accordance with Section 14-10.280 of this Chapter.

(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.

(l) A certification from the owner of each affected parcel documenting ownership of the parcel and certifying owner's right to authorize the lot line adjustment.

(Saratoga Supp. No. 53, 4-24)

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Said certification shall attach a preliminary title report or comparable document issued within ten days from the date of filing the application by a reputable title company doing business in the County and showing all parties having any interest in the subject properties.

(m) In addition to the foregoing, the Community Development Director may require the applicant to submit such additional 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 documents, information or materials are required, the Director shall so advise the applicant in writing within thirty days from the filing of the application. (Ord. No. 398, § 1(Att.), 12-20-2023)

(a) The Community Development Director may transmit a copy of the application to such persons and agencies as the Director 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 serving the area in which the subject properties are located.

(b) The Community Development Director, upon receipt of any recommendations from the persons and agencies referred to in subsection (a) of this Section and completion of the Director's own review and analysis of the application, shall cause a written staff report to be prepared and submitted to the Planning Commission and shall 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 Planning Commission.

(Ord. No. 398, § 1(Att.), 12-20-2023)

The requirements and criteria in this Section apply to the determination of whether the parcels resulting from a proposed lot line adjustment will conform to the minimum lot size and development density requirements of the General Plan and Zoning Ordinance. This Section does not contain a complete list of General Plan and Zoning Ordinance requirements that may apply to lot line adjustments.

(a) All lots resulting from a lot line adjustment shall comply with the applicable General Plan and

Zoning Ordinance. In the event of an unreconcilable conflict between the General Plan and the Zoning Ordinance regarding density or minimum lot size designations for the subject lots, the General Plan shall govern.

(b) A "substandard lot" is defined for the purposes of this Chapter as a lot that does not meet the minimum lot size requirements of the General Plan and Zoning Ordinance designations applicable to the property.

(c) If any lot resulting from the proposed lot line adjustment would be a substandard lot, the lot line adjustment may only be approved if the lot line adjustment would not cause or contribute to an increase in allowable density beyond or reduction (or further reduction) in minimum lot size below, that authorized by the General Plan designation and Zoning Ordinance when the lot line adjustment application was deemed complete. Lot line adjustments involving a substandard lot that falls into one or more of the following categories are presumed not to cause or contribute to an increase in allowable density or reduction (a further reduction) in minimum lot size and may be approved if the approving authority makes all of the required findings in this section and in Section 14-50.040.

Category 1—No increase in number of Developable Lots.

(1) No substandard lot is reduced or further reduced in area; and

(2) Each adjusted lot retains at least ninety percent of the real property included in the lot prior to the proposed lot line adjustment; and

(3) The lot line adjustment would not result in any additional developable lots or a greater allowable density than prior to the lot line adjustment. In determining if a lot is developable, the lot must meet at least one of the following criteria.

(i) Contain a legal dwelling constructed pursuant to and in compliance with a validly issued design review and subsequent building permit; or

(ii) Be subject to an unexpired design review approval and or building permit; or

(iii) Be a whole lot on a numbered tract map or parcel map issued pursuant to a legal subdivision.

Category 2—Curing an encroachment or setback violation for existing legal structures. A lot line adjustment curing an encroachment or setback

(Saratoga Supp. No. 53, 4-24)

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violation on a substandard lot qualifies under this subsection if the approving authority finds that the proposed lot line adjustment involves only two lots and its sole purpose is to cure or partially cure an encroachment or setback violation involving the following types of improvements that were legally constructed or partially constructed by or on behalf of a property owner on an adjoining lot.

(1) A dwelling, building, or structure that was constructed before any permits were required by the City of Saratoga or the County of Santa Clara for such improvements; or

(2) A dwelling, building, or structure for which all legally required permits were issued prior to construction and the improvements were constructed in compliance with all approved plans and permits.

Category 3—Environmental Impact Avoidance. The sole purpose of the lot line adjustment is to reduce or avoid significant environmental impacts such as geological hazards or disturbance of important viewshed, riparian or habitat areas identified in a certified environmental impact report or mitigated negative declaration adopted by the City. Where this criterion is the basis for approval, the Planning Commission shall first hold a public hearing on the application and make all of the following findings before approving the proposed lot line adjustment.

(1) The lot line adjustment would not result in any additional developable lot or a greater allowable density than legally existed prior to the lot line adjustment. A developable lot is one that meets at least one of the following criteria.

(i) Contain a legal dwelling constructed pursuant to and in compliance with a validly issued design review and subsequent building permit; or

(ii) Be subject to an unexpired design review approval and/or building permit; or

(iii) Be a whole lot on a numbered tract map or parcel map approved pursuant to a legal subdivision.

(2) The lot line adjustment would result in no unmitigated significant environmental impacts identified in a certified environmental impact report or mitigated negative declaration adopted by the City. (Ord. No. 398, § 1(Att.), 12-20-2023)

(a) Within sixty days after the application is accepted as complete, unless such time is extended by mutual agreement of the Planning Commission and the applicant or as otherwise provided by law, the Community Development Director (or the Planning Commission where applicable) 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 the Director 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, the Building 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 Planning Commission 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 conditional approval conditioned on the provision of alternate easements 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 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 by prescription.

(Saratoga Supp. No. 53, 4-24)

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(4) The lot line adjustment is between four or fewer existing, adjoining lots. Where an owner of adjoining parcels has previously obtained a lot line adjustment for four adjoining parcels and subsequently requests a lot line adjustment for one or more additional adjoining parcels, a subdivision is required. Where more than one property owner concurrently requests a lot line adjustment for more than four adjoining parcels, a subdivision is required.

existing, adjoining lots. Where an owner of adjoining parcels has previously obtained a lot line adjustment for four adjoining parcels and subsequently requests a lot line adjustment for one or more additional adjoining parcels, a subdivision is required. Where more than one property owner concurrently requests a lot line adjustment for more than four adjoining parcels, a subdivision is required.

(c) The Community Development Director shall not impose conditions on its approval of a lot line adjustment except for those conditions which the Community Development Director deems necessary for implementation of, and conformity with, any General Plan policies, or any zoning regulations set forth in Chapter 15 of this Code, or building regulations set forth in Chapter 16 of this Code, to require the prepayment of real property taxes prior to the approval of the lot line adjustment, or to facilitate the relocation of existing streets, utilities, infrastructure, or easements (including rights-of-way) so that these alternate streets, utilities, infrastructure, or easements are substantially equivalent to those already existing.

(d) A public hearing shall be conducted for any lot line adjustment application requiring Planning Commission approval. 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, postage 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.

(Ord. No. 398, § 1(Att.), 12-20-2023)

(a) The conditional approval of a lot line adjustment shall expire twenty-four months from the date on which the Community Development Director, Planning Commission, (or City Council on appeal), granted its approval or conditional approval, unless otherwise extended by law.

(b) An extension of the expiration date may be granted by the Planning Commission 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 payment of a fee in such amount as established from time to time by resolution of the City Council. Extension of conditional approval is not a matter of right and the Planning Commission may deny the application. (Ord. No. 398, § 1(Att.), 12-20-2023)

(a) Prior to the expiration of the conditional approval or extension thereof pursuant to Section 1450.050, the applicant shall submit to the City Engineer any required record of survey and a deed, and such other documents as may be lawfully required under the conditions of the conditional approval. No record of survey shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code. The City Engineer may accept a deed where the lot line adjustment involves only the movement of property lines without relocation of any streets, utilities, easements, or other rights-of-way.

(b) The City Engineer shall examine the survey or deed and accompanying data and shall determine:

(1) Whether the proposed survey or deed substantially complies with the tentative approval of the lot line adjustment;

(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 Chapter and all other applicable provisions of law have been complied with; and

(4) Whether the survey or deed is technically correct.

(c) Upon the City Engineer's determination that all requirements of this Section have been satisfied, the City Engineer shall notify the applicant that the survey or deed has been approved as to form and content. The City Engineer shall thereupon cause the survey or deed 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.

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(2) The applicant has furnished to the City the monument bond guaranteeing payment of the cost of setting monuments and such other agreements and bonds as may be required by law.

(3) The applicant has furnished to the City the indemnity agreement and insurance policy required by Section 14-05.055 of this Chapter.

(4) The applicant has executed and furnished to the City for recordation any offers of dedication to be made by separate instrument, deeds, or other documents affecting title and relating to the lot line adjustment, together with the applicable recording fees, if any.

(5) All required fees and costs have been paid in full to the City, including but not limited to the cost of recordation of the survey or deed required by this subsection (c).

(d) Where an offer of dedication is made in connection with a lot line adjustment, the provisions of Section 14-40.070 shall be applicable to such offer. (Ord. No. 398, § 1(Att.), 12-20-2023)

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(Saratoga Supp. No. 53, 4-24)

14-55.040