HomeMy WebLinkAbout71.42 ORDINANCE NO. 71. 42
AN ORDINANCE OF THE CITY OF SARATOGA AMENDING
SECTIONS 14-80.020, 14-80.040 AND 14-80,050 OF THE
CITY CODE RELATING TO VESTING TENTATIVE MAPS
The City Council of the City of Saratoga hereby ordains as follows:
SECTION 1: A new Paragraph (d) is added to Section 14-80.020 in Article 14-80
of the City Code, to read as follows:
"(d) An approved or conditionally approved vesting tentative map shall not
limit the City from imposing reasonable conditions on subsequent required approvals
or permits necessary for the development and authorized by the ordinances, policies
and standards described in Paragraph (a) of this Section."
SECTION 2: Section 14-80.040 in Article 14-80 of the City Code is amended to
read as follows:
"14-80.040 Amendment to vesting tentative maps
If the ordinances, policies or standards described in Subsection 14-80.020(a)
are changed subsequent to the approval or conditional approval of a vesting
tentative map, the subdivider or owner, at any time prior to the expiration of the
vesting tentative map pursuant to Subsection 14-80.020(c), may apply for an
amendment to the vesting tentative map to secure a vested right to proceed with
the development in accordance with the changed ordinances, policies or standards.
An application for such amendment shall clearly specify the changed ordinances,
policies or standards for which the amendment is sought."
SECTION 3: Section 14-80.050 in Article 14-80 of the City Code is amended to
read as follows:
"14-80.050 Effect of inconsistent zoning regttlations
Whenever a subdivider or owner files a vesting tentative map for a subdivision
or building site whose intended development is inconsistent with any regulations
contained in the Zoning Ordinance, that inconsistency shall be noted on the map.
The advisory agency may deny such a vesting tentative map or approve it
eonditioned on the applieant obtaining the necessary change in the Zoning Ordinance
to eliminate the inconsistency. If such change is obtained, the approved or
conditionally approved vesting tentative map shall, notwithstanding the provisions of
Subseetion 14-80.020(a), confer the vested right to proceed with the development in
substantial compliance with the change in the Zoning Ordinance and the map, as
approved. The rights conferred by this Section shall continue for the periods of time
specified in Subsection 14-80.020(c) of this Article."
SECTION 4: 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.
$ECTION 5: 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
Ppril , 1988, by the following vote:
AYES: Counciln~mbers Anderson, Clevenger, Hlava, Moyles and Mayor Peterson
NOES: None
ABSENT:None ~
MA
ATTEST:
CITY CLERK /
-2-