HomeMy WebLinkAbout71.100 ORDINANCE NO. 71.100
AN ORDINANCE OF THE CITY OF SARATOGA ADDING SECTION
14-10,125 TO, AND AMENDING SECTIONS 14-20,050(b)(2),
14-20.050(b)(6), 14-30.130(b), 14-40,020(b)(2),
14-40.040(a) (2) AND (3) AND 14-60.020(a) AND (b)
OF CHAPTER 14 OF THE CITY OF SARATOGA CITY CODE
PERTAINING TO ASSURING COMPLETION OF IMPROVEMENTS
IN CONNECTION WITH MAP APPROVAL
The City Council of the City of Saratoga hereby ordains as
follows:
Section 1. Section 14-10.125 is hereby added to Chapter
14 of the Saratoga City Code to read as follows:
§ 14-10.125 Geotechnical Clearance
Geotechnlcal Clearance means a written acknowledgement from
the City Engineer indicating that:
(a) The applicant has identified all geological and
geotechnical hazards and constraints present on the
site.
(b) the applicant has evaluated those hazards and
constraints identified in (a) which would affect the
proposed development of the site or impact adjacent
properties, as required by the City Engineer and City
Geotechnical Consultant.
(c) The applicant has developed appropriate measures to
avoid and/or mitigate those hazards and constraints
evaluated in (b) to the satisfaction of the City
Engineer and City Geotechnical Consultant.
(d) The applicant has paid all fees associated with the
city Geotechnical Consultantws review of the
application.
Geotechnical Clearance does not and shall not be construed
as constituting an approval or entitlement of any form or type.
Section 2. Sections 14-20.050(b)(2), 14-20.050(b}(6),
14-30,130(b), 14-40,020(b)(2), 14-40,040(a)(2) and (3), and
14-60.020(a) and (b) of Chapter 14 of the Saratoga City Code are
hereby amended to read as follows:
Revised 11/21/91 1
§ 14-20.050 Distribution for review~ departmental reports
(b)(2) Engineeres report. The City Engineer shall
investigate the manner in which the individual lot
or lots, streets and overall drainage is to be
achieved in the subdivision or site. He and the
advisory agency shall determine suitability,
adequacy and safety of the proposed lot or lots,
and in this regard shall adhere to the following:
The intended use must not interfere with the
natural drainage of surface water from the land
constituting and surrounding the intended lot or
lots, without adequate drainage thereof; the
intended structures and improvements to be
constructed upon said lot or lots must be
adequately supported by the surface and subsurface
soil so there will be no hazard to occupants and
property therein; the intended use must not create
an unreasonable risk and hazard to adjoining
persons or property by reason of fire, flood,
landslide or other calamity; the proposed lot or
lots, and their proposed use, shall not create an
unreasonable traffic hazard. The City Engineer
shall also determine the adequacy of the existing
infrastructure serving the site which may be
affected by the proposed development. The City
Engineer shall also recommend to the advisory
a~ency which improvements and/or conditions should
be completed by the applicant after the filing of
the final map for certification including
specification of the date or time period by which
those improvements and/or conditions should be
completed.
(b)(6) Planning Department report. The City Planning
Department shall study and investigate the
proposed design and improvement of the subdivision
or site in relation to the General Plan and any
applicable specific plans which affect the
property, and in relation to all applicable zoning
regulations, and specifically including proper
grading and erosion control and provisions for the
prevention of sedimentation or other damage to
offsite property, and shall report on the quality
of proposed design from the standpoint of
function, safety, and aesthetics. In the case of
those subdivisions and building sites for which
the City Engineer determines a geotechnical
clearance is necessary, such staff report shall
include a statement indicating that the subject
property has received a geotechnical clearanc~
from the City Engineer. The Planning Department
Revised 11/21/91 2
report shall either summarize, or incorporate by
reference, all the other departmental reports
received as hereinabove specified, and shall
indicate whether an environmental impact report
has been required or will not be required, and
shall itemize such conditions as it deems
appropriate to be imposed by the advisory agency
if tentative approval is recommended.
§ 14-30.130 Additional requirements
In addition to all the provisions of this Article, the
advisory agency:
(a) May require special improvements or structures to be
constructed other than as specifically enumerated
herein in order to carry out the purposes of this
Chapter or the policies of the General Plan or any
applicable specific plan, and as may reasonably be
required by the circumstances of each case.
(b) Shall require that all improvements and conditions be
constructed and construction acceptance granted prior
to the filing of the final map for certification.
Except that, the advisory agency may require upon
recommendation of the City Engineer that certain
improvements and/or conditions be constructed and
construction acceptance granted within a specified time
period after the filing of the final map for
certification; however, in no case later than issuance
of a permit for development of individual lots.
(c) In the case of subdivisions of four or fewer lots, the
fulfillment of construction requirements, including
offsite and onsite improvements, shall not be required
until the time a permit or other grant of approval for
development of the parcel as specified by the City
Engineer is issued by the City unless otherwise agreed
to in writing between the subdivider and the City. In
the absence of an agreement, the City may require
fulfillment of the construction requirements within a
reasonable time following approval of the parcel map or
building site and prior to the issuance of a permit or
other grant of approval for the development of a parcel
upon a finding by the City that fulfillment of the
construction requirements is necessary for either of
the following reasons: (1) the public health and safety
or, (2) the required construction is a necessary
prerequisite to the orderly development of the
surrounding area.
Revised 11/21/91 3
S 14-40.020 Submittal and approval of final map by City
Engineer
(b)(2) Whether all conditions of tentative approval have
been completed, or if incomplete, are matters
which are includable in an improvement agreement
with the City; provided, however, conditions of
tentative map approval must require that all
improvements or conditions be completed prior to
final map approval, except those expressly
exempted by the advisory agency pursuant to 14-
30.130(b) and (c). Only the completion of
improvements and/or conditions expressly exempted
by the advisory agency pursuant to 14-30.130(b)
and (c) shall be the subject of an improvement
agreement. The final map shall not be found to
substantially comply with the approved tentative
map until all improvements and/or conditions,
excluding those so expressly exempted, are
completed.
§ 14-40.040 Filing of flnal map
When all ~ertificates required on the final map (except the
certificate of the County Recorder and the approval certificate
of the City Clerk) have been executed, said final map may be
filed with the City Clerk for action by the City Council. No
final map shall be accepted for filing by the City Clerk unless,
in addition to the above, the following requirements have been
satisfied:
(a) The final map is accompanied by:
(1) A blue line print thereof;
(2) The improvement plans accompanied by a statement
of approval thereof, signed by the City Engineer;
(3) Two copies of the City's standard form of
improvement agreement executed by the owner or
owners of the property, together with the security
required to be furnished thereunder, the requisite
monument bond guaranteeing payment of the cost of
setting monuments (Government Code Section 66496),
and County certification that the requisite tax
bond has been posted (Government Code Section
66493) and such other agreements and bonds as may
· from time to time be required by law;
Revised 11/21/91 4
§ 14-60.020 Improvement security
(a) The subdivider or owner shall furnish to the City good
and sufficient security, in one or a combination of the
forms as authorized under Paragraph (b) of this
Section, in the following amounts and for the following
purposes;
(1) An amount equal to one hundred percent of the
total estimated cost of the improvement or of the
act to be performed, as determined by the City
Engineer, securing faithful performance of the act
or agreement; and
(2) An amount equal to one hundred percent of the
total estimated cost of the improvement or of the
act to be performed, as determined by the City
Engineer, securing payment to the contractor, the
subcontractors, and persons furnishing labor,
materials or equipment for the improvement or the
performance of the required act.
As part of the obligation guaranteed by the security and in
addition to the face amount of the security, there shall be
included costs and reasonable expenses and fees, including
reasonable attorneys' fees, incurred by the City in successfully
enforcing the obligation secured.
(b) The security required under Paragraph (a) of this
Section shall be one or a combination of the following, at the
option of and subject to the approval of the City Manager:
(1) A performance bond, substantially in the form set
forth in Government Code Section 66499.1, and
labor and material bond, substantially in the form
set forth in Government Code Section 66499.2,
issued by a corporate surety duly authorized to
transact business in the State.
(2) A deposit held by the City in cash or, if accepted
by the City Manager, negotiable bonds of the kind
approved for securing deposits of public monies.
(3) An instrument of credit from one or more financial
institutions subject to regulation by the State or
Federal government and pledging that the funds
necessary to carry out the act or agreement are on
deposit and guaranteed for payment, or a letter of
credit or set aside letter issued by such a
Revised 11/21/91 5
financial institution. The form and content of
such instrument, letter of credit or set aside
letter shall be subject to approval by the City
Attorney.
Section 3. 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 20th day of November ,
1991, by the following vote.
AYES.;' Councilmembers Anderson, Clevenger, Monia, Stutzman and Mayor Kohler
NOES: None
ATTEST:
City Ci~
November 21, 1991
mnrH\BT]\ord\Comp[ !mp. A~
which has been
pubii hed according to law.
"Deputy Ciirv Clerk ' ' 'D~te
Revised 11/21/91 6