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HomeMy WebLinkAbout71.40 ORDINANCE NO. 71.40 AN ORDINANCE OF THE Cfi'Y OF SARATOGA AMENDING SECTION 16-05.030 OF THE CITY CODE RELATING TO PERMITS AND ADDING SECTION 16-05.035 RELATING TO MODIFICATION OF BUILDING PLANS AND DEVELOPMENT CONDrlIONS The City Council of the City of Saratoga hereby ordains as follows: SECTION h Section 16-05.030 in Article 16-05 of the City Code is amended to read as follows: "$16-05.030 Permits; fees (a) It shall be unlawful and a misdemeanor for any person to engage in any work for Which a permit is required by this Chapter, or any code adopted by this Chapter~ without first seeuring sueh a permit from the building official. Each applicant for a permit shall pay to the City for each permit issued, at the time of issuance, such fee as established from time to time by resolution of the City Council. All sehedales of permit fees contained in any of the codes adopted by reference in this Chapter are hereby repealed. (b) The issuance, granting or modification of any permit pursuant to this Chapter, or any code adopted by this Chapter~ shall not be deemed or construed to be a permit for or approval of any violation of any of the provisions of this Chapter or any other provision of this Code~ or any other ordinance or regulation of the City, or any development condition imposed by the City, and any permit purporting to give authority to violate, contradict or cancel any of the provisions of this Chapter or any other Code provision, ordinance, regulation or development eondition of the City shall be invalid. (c) Prior to the issuance of any permit pursuant to this Chapter~ the building official shall first obtain a zoning clearance from the Planning Director certifying that the project as shown on the construction drawings complies with all applleable zoning regulations and development conditions. The zoning elearanee shall not constitute a representation or warranty by the City to the owner of the property or to any other person with respect to the statements contained therein, nor shall the issuance of a zoning clearanee prevent the City from enforcing any zoning regulation or development condition if a violation of the same is later found to exist. (d) The issuance, granting or modification of any permit pursuant to this Chapter, or any code adopted by this Chapter, shall not be deemed or construed to be a permit for or approval of any modification of building or site plans previously approved by the City or development conditions imposed by the City~ ualess sueh modification is approved in accordance with Seetion 16-05.035 of this Article, and any permit purporting to give authority to modify any such building plans~ site plans or development conditions shall be invalid. -1- (e) Unless otherwise specifically designated, all references to "permit" or "permits" under the provisions of this Article shall mean and include. building, plumbing, electrical, mechanical, grading and moving permits. (f) The building official shall not issue any permit to any person who has failed to correct any previous violation of any of the provisions of this Chapter, or any code adopted by this Chapter, or any other provision of this Code relating to the project, after notification of the same, until such time as all such previous violations have been satisfactorily corrected; provided, however, the building official may issue such permit if the violation is being corrected and will be completed by a time designated by the building official." SECTION 2: A new Section 16-05,035 is added to Article 16-05 of the City Code, to read as follows: "S16-05,035 Modification of building plans and development conditions No modification shall be made to any building or site plans previously approved by the City or to any development conditions imposed by the City, unless such modifieation has been approved as follows: (a) Where the modification does not result in any exterior change to a structure or material ehange to an approved site plan, and does not otherwise violate or ehange any development condition relating to the project, the modification may be approved by the building official. (b) Where the modification involves any change to a development condition, the modification shall be subject .to approval by the Planning Commission if the condition was originally imposed by the Commission or by the City Council on appeal, or subjeer to approval by the Planning Director if the condition was originally imposed by said Director. (c) Any modification whieh is not described in either Paragraph (a) or Paragraph (b) of this Section shall be referred to the Planning Director, for disposition as follows: (1) If the project was originally approved by the Planning Direetor, the modification may be approved by said Director. (2) If the project was originally approved by the Planning Commission, or the City Council on appeal, the modification shall require approval by the Planning Commission if such modification results in any material change to the project or any adverse impact upon the surrounding area; otherwise, the modification may be approved by the Planning Director. A material change shall inelude, but is not limited to, any ascertainable change in the size, height or elevations of a structure or its placement upon the site; any change in the approved elevation of a building pad; any aseertainable ehange in the location or design of access roads, driveways or parking areas; or any change in a specific requirement of an approved grading plan or landscape plan." -2- SECTION 3: 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 one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 4: This Ordinance shall be in full force and effect thirty 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 the City of Saratoga held on the 20th day of April , 1988, by the following vote: AYES: Coimcilmembers Anclerson, Clevenger, Hlava, Moyles eu~d Mayor Peterson NOES: None ATTEST: ~ -3-