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49-20
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49-20
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Last modified
8/21/2020 4:01:14 PM
Creation date
8/21/2020 3:57:01 PM
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Resolutions
Number
49-20
Date
08/20/20
Description
Approve a Certificate of Correction to Amend Tract Map No. 1288 and Abandon the 100-Foot, 75-Foot, and 50-Foot Building Setback Line Easements for Light and Air on Lots 1-9 of the Tract Map 1288
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Exhibit A <br />FINAL MAP AMENDMENT FINDINGS FOR APPROVAL <br />Tract No. 1288 — Dawnridge Drive <br />File #MA20-0003 <br />1. There are changes in circumstances that make any or all of the conditions of the map no longer <br />appropriate or necessary. <br />The change from County to Town jurisdiction is a circumstance that makes the existing <br />building setback line no longer appropriate or necessary. Pursuant to Section 10-1.505 of the <br />Town Municipal Code, the current practice of the Town is to require a 40 foot front and 30 - <br />foot side setbacks for all structures on a lot. However, this is a minimum standard and the <br />City Council and Planning Commission have the discretion to apply stricter standards to <br />increase setbacks where site specific constraints dictate further limitations, such that the <br />purposes of the ordinances are complied with. In this instance, the 75 foot and 50 foot <br />building setback lines were approved by the County of Santa Clara prior to Town <br />incorporation, with all encumbrances on this lot transferred to the Town when annexation <br />occurred. Since this setback line was not required by the Town, nor is it supported by any of <br />the Town's current policies, it no longer appears to be appropriate or necessary. <br />2. The modifications do not impose any additional burden on the present fee owner of the real <br />property. <br />The modification of the existing setback lines is a reduction in burden and does not impose any <br />additional burden on the present fee owner of the real property. <br />3. The modifications do not alter any right, title, or interest in the real property reflected on the <br />recorded map and the City Council finds that the map, as modified, conforms to the provisions <br />of Government Code Section 66474. <br />The modification to remove the existing 75 foot and 50 foot building setback lines does not <br />alter any right, title, or interest in the real property reflected on the record map that would not <br />be normally conferred under present day Town standards regarding site development. The <br />modification to the map conforms to Government Code Section 66474 and is consistent with <br />the Town's General Plan. <br />Resolution 49-20 Page 3 <br />
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