HomeMy WebLinkAbout71.119 ORDINANCE NO. 71-119
AN ORDINANCE OF THE CITY OF SARATOGA AMENDING
SECTION 15-45.090(b) AND SECTION 15-46.050(b)
OF AND ADDING SECTION 15-45.090(c) AND
SECTION 15-46.050(c) TO THE CODE OF THE CITY OF SARATOGA,
RELATING TO EXTENSIONS OF TIME FOR DESIGN REVIEW APPROVALS
The City Council of the City of Saratoga hereby ordains as
follows:
Section 1. Sections 15-45.090(b) and 15-46.050(b) of the
_~C_ode of the ~i~ o~f~Saratoga are hereby amended and sections 15-
45.090(c) and 15-46.050(~)~e'h~reby added to'read as follows:
"~ 15-45.090 Expiration of Review Approval;
Extension; Tolling of Time Period.
(a) Design review approvals granted pursuant to this
article shall expire 24 months from the date on
which the approval became effective, unless prior
to such expiration date a building permit is
issued for the improvements constituting the
subject of the design review approval and
construction thereof is commenced and prosecuted
diligently toward completion, or a certificate of
occupancy is issued for such improvements.
(b) Design review approvals may be extended for a
period or periods of time not exceeding 12 months.
The application for extension shall be filed prior
to the expiration date, and shall be accompanied
by the payment of a fee in such amount as
established from time to time by resolution of the
City Council. A public hearing shall be conducted
on the applica~'i'oh'for'extension and notice
thereof shall be given in the same manner as
prescribed in subsection 15-45.060(b) of this
Article. Extension of design review approval is
not a matter of right and the approving authority
may deny the application or grant the same subject
to conditions. Neither the period of time
specified in subdivision (a) nor any extension
period shall include the period of time during
which a lawsuit involving the approval or
conditional approval of the design review is or
was pending in a court of competent jurisdiction,
if the stay of the time period is approved by the
Planning Commission.
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(C) Design review approvals approved in conjunction
with an approved tentative subdivision map or
approved use permit, or both, may be extended for
a period or periods of time not exceeding thirty-
six months. The application for extension shall
be filed in the manner prescribed in and shall be
reviewed in accordance with the standards set
forth in, section 14-20o080(b) or section
15-55.090(b) of the Code, respectively.
§ 15-46.050 Expiration of Design Review Approval;
Extension; Tollinq of Time Period.
__(~).~De~ign~review approvals granted pursuant to this
Article sh~ll ~xpire 24 months from the date on
which the approval became effective, unless prior
to such expiration date a building permit is
issued for the improvements constituting the
subject of the design review approval and the
construction thereof is commenced and prosecuted
diligently toward completion, or a certificate of
occupancy issued for such improvements.
(b) Design review approvals may be extended for a
period or periods of time not exceeding 12 months.
The application for extension shall be filed prior
to the expiration date, and shall be accompanied
by the payment of a fee in such amount as
established from time to time by resolution of the
City Council. If a public hearing was conducted
on the original design review application, a
public hearing shall similarly be conducted on the
application for extension and notice thereof shall
be given in the same manner as prescribed in
subsection 15-46.020(b) of this Article.
Extension of design review approval is not a
matter of right and the approving authority may
deny the application or grant the same subject to
conditions. Neither the period of time specified
in subdivision (a) nor any extension period shall
include the period of time during which a lawsuit
involving the approval or conditional approval of
the design review is or was pending in a court of
competent jurisdiction, if the stay of the time
period is approved by the Planning Commission.
(c) Design review approvals approved in conjunction
with an approved tentative subdivision map or
approved use permit, or both, may be extended for
a period or periods of time not exceeding thirty-
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six months. The application for extension shall
be filed in the manner prescribed in and shall be
reviewed in accordance with the standards set
forth in, section 14-20.080(b) or section
15-55.090(b) of the Code, respectively."
Section 2. With respect only to design review approvals
granted prior to the effective date of this ordinance, such
approvals may be extended for a period or periods of time not
exceeding thirty-six months. The application for extension shall
be filed prior to the expiration date, and shall be accompanied
by the payment of a fee in such amount as established from time
to time by resolution of the City Council. A public hearing
shall be conducted on the application for extension and notice
thereof shall b~ given in the same manner as prescribed in
section 15-45.060(b) or section 15-46.020(b) of the Code,
whichever is applicable. Extension of design review approval
shall not be a matter of right and the approving authority may
deny the application or grant the same subject to conditions.
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 3rd day of February ,
1993, by the following vote.
AYES: Councilmembers Burger, Kohler, Monia, Tucker and Mayor Anderson
NOES: None ~ ~
ABSENT: None ~./~ _
MAYOR
ATTEST:
January 8, 1993
273\ord\desrev2.msr
The above and foregoin is a true and cotreel,
copy of Ordincncc ~71, ~i'~ which has
3 published according to law.
j'L'~PU~ City Clerk '