HomeMy WebLinkAbout38.1 ORDINANCE NO. ]8.1 ,
AN ORDINANCE AMENDINGiTHEjLSAR~TOGA'~CITY
CODE BY ADDING ARTICLE VI TO CHAPTER 13
THEREOF, RELATING TO CFFICIAL PLAN LINES°
The City Council of the City of Saratoga does hereby
ordain as follows:
Section 1: The Saratoga City Code, as adopted by Ordi- nance 38 of the City of Saratoga, is hereby
amended by adding Article VI to Chapter 13 thereof, as follows:
.ARTICLEVI OFFICIAL PLAN LINES
DIVISION h GENERAL PROVISIONS
Section 1~.40: Purpose and Scope. This article is adopted
pursuant to Article X and XI of Chapter 3,
Title 7 of the Government Code of the State of California,
and is enacted to protect and promote the public health, safety,
peace, comfort or general welfare and to accomplish more par-
ticularly the following purposes:
(a) .To provide for the systematic execution of the Circula-
tion Element of the General Plan of the City of Saratoga,.
by'designating the precise'location of planned rights
of way and limiting the location of buildings and other
improvements with respect to planned rights of way;
(b) TO provide an authen'5iC source of information as to the
development of the City for residents and investors.
Section l~.41: Prohibition. No building, structure, or other
improvement shall hereafter be erected, con-
structed, enlarged or placed withinany official plan line
'established under'the provisions of this ordinance or amend-
ments hereto, except that this provision shall not apply to
garden and agricultural crop planting. All departments,
officials, and public employees of the city which are vested
with the duty or authority to issue permits, licenses, or
grant approval of the subdivision of land, shall conform to
the provisions of this ordinance and shall issue no such permit;
license, or approval for uses, buildings, structures, or sub-
divisions where the same would be in conflict with the pro-
visions of this ordinance and any such permit, ~lic'ens~', or
approval, if issued in conflict with the provisions of this
ordinance, shall be null and void.
Section l~.42:.Definitionso
Map. An illustration, including a drawing,
aerial photograph, or photomap, accurately
indicating the p~ecise. location of a planned right of way
or portion thereof..
OfFicial Plan Line. The boundaries and limits
of s planne~ right of way, including the future
right of way of an existing street as it is proposedto be
widened and including all lands necessary for the building,
-1-
widening or maintenance of any road, street, highway, or
any other type of public way, which planned right of way is
'based on the General Plan of the City of SaratOga.
Bight of Way. ~All or. any partOf the entire
· width o~ a road. street, or highway ease-
ment whether or not such entire area is actually~used for
road,' street, or highway purposes. z
DIVISION 2: ADOPTION OF OFFICIAL PLAN LINES
Section 13~43: BeEerence. Official Plan LineS.shall be ·
- adopted in accordance with Article XI (com-
,mencing at Section 65650) of Chapter 3, Title 7 of the
'Government Code of the State of California.
Section13.44: Adoption Of official Plan Lines outside the
~ity limits. The Planning C0mmissio~ and the
City Council may hold hearings in the manner prescribed in
Section 1 to adopt Official Plan Lines for unincorporated
areas outside of the city boundaries which, in the Planning
Commission's or City '
Council s judgment, bears relation to
its planning.
Whenever hearings are to be held on Official
Plan Lines ~overing land outside the city boundaries,.a notice
of said hearing will be transmitted to the, Santa Clara County
Planning'Commission and Board of Supervisors of Santa Clara
County along with copies of appropriate maps, for comment
from said Planning Commission or Board of Supervisors. If
no comments are received within 40 days after transmittal,
said proposal shall be deemed to be acceptable with the County
Planning Commission and/or Board of Supervisors.
Official Plan Lines adopted for land outside
the city boundaries do not become effective until such land
· is duly annexed to the city.
Whenever an Official Plan Line is being con-
sidered which directly affects an adjacent contiguous city,
the Secretary of the Plannin g Commission shall transmit a
copy of the proposed map to the appropriate adjacent city plan-
ning cormnission(s) for their comments. If no comments are
received within 40 days after transmittal said proposal shall
be deemed acceptable with-said adjacent city planning commission.
DIVISION 3: DESIGNATION OF OFFICIAL PLAN LINES BY MAPS
S~ction 13.45: official Plan Lines shall be clearly delineated
"' on maps which, together ~ith all data and in-
formation indicated thereon, may be adopted by resolution
and such maps shall be designated "Official Plan Lines of
(here shall be inserted the name of the street or highway)
between (here shall be inserted' the na~es Of "the streets or'
other appropriate laces which identif~ the ends of the par-
tfcular offlcia'l ~an lines)." Each map shal'l have certificates
which may either Ee placed directly on the map Or attached to
it, substantially in the following forms: '
-2-
I hereby certif that thiS'map (dr, the map
attached hereto~, consisting of sheets,
constitutes a precise plan basedon'F~'~he
Circulation Element of the General Plan of
the City of . .., which precise plan
was recommended for adoption by Reso!utton~No.
of the City of Saratoga Planning
Commission o~ .
Secretary of ~he Planning COmmission
certif that this map (or, the map
I hereby hereto~, consisting of sheets,
attached
was adopted by Resolution No. Of the
City Council of the City of Sarato~a"'on
."Clerk' o~ the City Council "'
Section 13.46: The City Clerk shall cause a certified copy
of each map adopted pursuant to this ordi-
nance and amendments.hereto, together with all data and
information indicated thereon, to be filed in the Office of
the County Recorder, for the information and convenient
inspection by the publi.c.
Section 13.47:' Any failure of the City Clerk to cause such
.... map to be recorded, or any failure of any
such map to have any of the certificates hereinabove set forth
placed thereon or attached thereto, shall in no way affect the
b
validity of a plan line otherwise properly adopted either y
ordinance or resolution inaccord with the other provisions
of this ordinance.
VARZA CE
Section 13.48: Authority. The Planning Commission shall have
power to grant variances from the prohibitions
of Section 13.41 of this article, when all of the following'
circumstances are found to exist:
(a) There are.Special conditions or exceptional characteris-
tics in the nature of the property affected by the ·
application, including size, shape, topography, location,
or surroundings, such that a literal enforcement of this
ordinance inthe particular case would result in practical
difficulties or unnecessary hardships;
(b) The variance is necessary for the preservation and
enjoyment of substantial property rights and will
not constitute a grant of special privilege incon-
sistentwith the limitations imposed by this' ordinance
on other properties in the vicinity of the affected
property; and
(c) A granting of the variance will not be contrary to the
purposes and objectivesof the Genera'l Plan of the City
of Saratoga, and will not be detrimental to the public
health, safety, or Welfare and will not be materially
injurious to properties or improvements in the vicinity.
Sectionl3.~9: Procedure on Variances° The provisions of
Sections 17.3, 17.4, 17.5, 17o7, 17.8, 17.10
and 17.11 of Ordinance NS-3 as set forth in Appendix
of this Code, which relate to applications for variances,
pnblic hearingS, notices and procedure, appeal.to the City
Council, action of the City Council, and revocation of and
new application/for variances, shall be applicabl~'.to all
variances under this division.
Section l~o~O:. The Cit~ Planning Commission shall hear the
matter and either grant, conditionally grant,
ordeny the requested variance. A variance may be revocable,
may be granted for a limited time period, or may be granted
subject to such conditions as the Commission may prescribe~
A variance shall become effective upon the expiration of ten
days following the date on which the variance was granted,
unlessan appeal has been taken to the City Council prio~
thereto. All variances under this article are not matters of
right, but are matters of grace only.
Section 2: If for any reason Ordinance Noo 38 has not
become effective on the effective date of
this ordinance, then the provisions of Section i hereinabove
set forth shall operate as and constitute a separate ordinance
of the City of Saratoga, to be known as the Official Plan
Line Ordinance, independent of the Saratoga City Code, and
thereafter the aforesaid Section i of this ordinance shall
amend the aforesaid Saratoga City Code on such subsequent
date as said Saratoga City Code is adopted as the Code of ~he'
City of Saratoga.
Section ~: if any sectsion, subsection, sentence,
clause or phrase of this ordinance is
for any reason held by a court of competent Jurisdiction to
be invalid, such decision shall not a'ffect the validity of
the remaining portions of this Ordinance. The City Council
of the City of Saratoga ~a~eby declares that it would have
passed this ordinance and each section, subsection, sentence,
clause and phrase of this ordinance, irrespective of the
fact that any one or more sections, subjections, sentences,
clauses or phrases be held invalid or unconstitutional.
Section 4: ,This ordinance shall take effect and be
in full force and effect on and after
thirty (30) daysfrqm the .date of its passage and adoption.
-4-
The above and foregoing ordinance was regularly intro-
duced and after the waiting time required by law was there-
after passed and adopted at a regular meeting of the City
Council of the City of Saratoga held on the 3rd day of
June , ' 1964.
AYES: Councilmen Glennon, Drake, 'Tyler, Burry
NOES: Hone
ABSENT Councilman Hartman'
The above and foregoing is a true and correct
copy of Or~!-.~nce 3f, / which has been
published :,%ording to law.
..r
Deputy City Ctei'k Date
..;
-5-