HomeMy WebLinkAbout38.132 ORDINANCE NO. 38.132
AN ORDINANCE OF THE CITY OF SARATOGA
ESTABLISHING A SITE REVlEW COMNlrrrEE AND
DESIGNATING SUCH COMMITTEE AS THE ADVISORY
AGENCY FOR CERTAIN DECISIONS AND DETERMINATIONS
UNDER THE SUBDIVISION ORDINANCE
The City Council of the City of S t m as
ara oga does orda follows:
SECTION 1: Article VIII, entitled "Site Review Committee" is hereby added to
Chapter 2 of the City Code, to read as follows:
"ARTICLE VHI
SITE REVIEW COMMITTEE
See. 2-50 Establishment of Committee; members
There is hereby established a Site Review Committee consisting of two members
of the Planning Commission, as appointed by the Chairman of the Commission (who
may appoint himself to the Committee), and the Director of Community Development
or a representative from his Department as designated by the Director. The
Committee shall select a chairman from among its members.
See. 2-51 Regular meetings
(a) Day, time and place. The regular meetings of the Site Review Committee
shall be held on the second and fourth Wednesday of each month unles such day is a
holiday, in which case the meeting may be held on such business day as designated by
the Committee or the meeting may be cancelled. The time of such meeting shall be
3:00 P.M., and the place shall be the meeting room within the City's Community
Center building. The day, time or place of regular meetings may be changed by
resolution of the Committee.
(b) Public meetings. All meetings of the Site Review Committee shall be
open to the public and a public record shall be kept of ali Committee proceedings and
actions. The Director of Community Development shall designate one of his staff
members to act as Secretary of the Committee.
See. 2-52 Rules of procedure
(a) Application of other Sections. The following Sections of this Chapter
pertaining to meetings conducted by the City Council shall be applicable to all
meetings conducted by the Site Review Committee:
2-1; 2-1.1(b); 2-5; 2-6 through 2-13;
2-16(c), (d) and (e); 2-17 through 2-27.
As so applied to the Site Review Committee, all references therein to City Council or
Councilmember shall be deemed to mean Site Review Committee or Committee
member; all references therein to Mayor shall be deemed to mean the Chairman of the
Committee; and all references therein to City Clerk shall be deemed to mean the
Secretary of the Committee.
(b) Adoption of rules and procedures. In addition to the rules made applicable
to the Site Review Committee as specified in Paragraph (a) of this Section, the
Committee shall have authority to adopt such other rules and procedures as it deems
appropriate for the orderly and efficient conduct of its business which are not
inconsistent with the provisions of this Code."
SECTION 2: Section 2 of Ordinance NS-60 is amended to read as follows:
"Section 2 Des'~ation of Advisory Agency
(a) Planning Commission. The Planning Commission is hereby designated as
the advisory agency for all decisions and determinations under this Ordinance, except
for those decisions and determinations to be made by the Site Review Committee as
specified in Paragraph (b) of this Section.
(b) Site Review Committee. The Site Review Committee is hereby
designated as the advisory agency under this Ordinance with respect to any building
site approval for a single family residence to be constructed or expanded on a single
lot or parcel, where such building site approval is required under the provisions of
Section 21 of this Ordinance, and any extension or modification of such approval.
Notwithstanding the foregoing, the Site Review Committee may refer any application
to the Planning Commission for action thereon whenever the Committee deems such
referral to be necessary or appropriate.
(c) Delegation of powers and duties. There is hereby delegated to each
advisory agency, respectively, the power to approve, conditionally approve or
disapprove tentative maps, together with extensions and modifications thereof, the
power to determine consistency or lack of consistency of a proposed tentative map
with the General Plan and any applicable Specific Plan, and without limiting the
foregoing, the power to make the determinations as set forth in Sections 66473.5,
66474, 66474.1 and 66474.6 of the Government Code."
SECTION 3.; Section 2.3 of Ordinance NS-60 is hereby repealed.
SECTION 4: Section 15.2 of Ordinance NS-60 is amended to read as follows:
"See. 15.2 Power to grant exceptions. The advisory agency shall have power to
grant exceptions to any of the design requirements of Section 13 of this Ordinance and
the improvement requirements of Section 14 of this Ordinance. Any subdivider
seeking such exception shall file a written request therefor with the Director of
Community Development at any time prior to the action of the advisory agency on the
tentative map, and at any time within fifteen days after the approval or disapproval of
such tentative map. The request shall fully state all grounds and facts relied upon in
support of the application. The advisory agency may grant such exceptions if it finds
that:
(1) There are special circumstances or conditions affecting the property,
or the exception is necessary for the preservation and enjoyment of
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substantial property rights of the subdivider; and
(2) The granting of the exception will not be materially detrimental to
the public health, safety or welfare or injurious to other property in
the vicinity of the subdivider's land.
In granting such exceptions, the advisory agency may impose such conditions in
connection therewith as will, in the opinion of the advisory agency, substantially
secure the objectives of the regulations to which the exceptions are granted."
SECTION 5: Section 27 of Ordinance NS-60 is hereby repealed.
SECTION 6: 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 7: This Ordinance shall become effective thirty days from and after the
date of its passage and adoption.
re ular meeting of Council of the City of
Passed and adopted at a .~Jrsil the City
1
Saratoga held on the 7th day of ., 1985, by the following
vote:
AYES: Councilmembers Callon, Clevenger, Hlava, Moyles and Mayor Fanelli '
NOES: None
ABSTAIN: N~ne
MAYC~
~ The above and fore o'~o is a
~ copy of Gr0iiFpc ~}f/~2z true and correct
CITY CLERK
................ which has been
Publist~ed a;,c,.)r(~m{l !5 t:~.v.
Oep. uzy ~
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