The URL can be used to link to this page

Home My WebLink AboutNS-60.15 ORDINANCE NO. N5~60.15 AN ORDINANCE OF THE CITY OF. SARATOGA AMENDING ORDINANCE NO. NS-60~ THE SUBDIVISION ORDINANCE~ TO REQUIRE TITLE REPORTS WITH APPLICATIONS AND REVISING THE TIME LIMITS FOR EXPIRATION DATES AND EXTENSIONS The City Council of the City of Saratoga does hereby ordain as follows: SECTION l: Section 12.~(y) is hereby added to Ordinance N5-60, Section 12.% entitled "Form of tentative map and accompanying data"~ to read as follows: "(y) A preliminary title report issued within 10 days from date of filing by a reputable title company doing business. in Santa Clara County issued to or for the benefit of the City and showing all parties having any interest in the land." SECTION 2: Section lg.2-1 of Ordinance NS-60 is hereby amended to read as follows: "Sec. lg.2-1. Expiration and Extensions of Tentative Subdivision Maps. The approval or conditional approval of a tentative subdivision map shall expire twenty-four (24) months from the date on which the advisory agency, or City Council on appeal, granted its approval or conditional approval. An extension of the expiration date of an approved or conditionally approved tentative subdivision map may be granted by the advisory agency for a period or periods not exceeding thirty-six (36) months. Any application for such an extension shall be made in writing by the Subdivider and flied with the City Clerk before the map is to expire and shall state the reasons for requesting the extension. The advisory agency shall review the application for extension and approve, conditionally approve~ or deny the application at the next regularly scheduled advisory agency meeting. Any decision of the adv!sory agency approving or conditionally approving an extension shall specify the new expiration date of the tentative subdivision map. If the advisory agency denies a subdivider's application for extension, the subdivider may appeal to the City Council within fifteen (l J) days after the advisory agency has denied the extension." SECTION 3: Section 22.3 of Ordinance NS-60 is hereby amended to read as follows: "Sec. 22.3. Expiration and Extension of Tentative Parcel Maps. The approval or conditional approval of a tentative parcel map shall expire twenty-four (2t~) months from the date on which the advisory agency, or City Council on appeal, granted its approval or conditional approval. An extension of the expiration date of an approved or conditionally approved tentative parcel map may be granted by the advisory agency for a period or -1- periods not exceeding thirty-six (36) months. Any application for such an extension shall be made in writing by the subdivider and filed with the City Clerk before the map is to expire and shall state the reasons for requesting the extension. The advisory agency shall review the application for extension and approve, conditionally approve, or deny the application at the next regularly scheduled advisory agency meeting. Any decision of the advisory agency approving or conditionally approving an extension shall specify the new expiration date of the tentative parcel map. If the advisory agency denies a subdivider's application for extension, the subdivider may appeal to the City Council within fifteen ([5) days after the advisory agency has denied the extension." SECTION q: Section 2q.l of Ordinance NS-60 is hereby amended to read as follows: "Section 2~. 1. Application. Within twenty-four (2½) months after approval or conditional approval of the tentative map by the advisory agency, or within such further extension or extensions of time as may have been granted by the advisory agency or the City Council on appeal, application for final approval shall be made by filing the following with the planning director: (a) Unless otherwise waived in accord with Section 2L~.~ hereof, a parcel map prepared in accord with all requirements of the Subdivision Map Act (Government Code Sections 66~ through 66z~50) and in substantial accord with the approved tentative map or the applicable unit or units thereof, and which shall diagrammatically show thereon the fulfillment of all conditions or tentative approval which may be evidenced on such parcel map, including all required offers of dedication to the public of rights- of-way, easements or other interests in land. In the event a parcel or record of survey map is already of record, which at the time of its recordation was prepared and recorded in accord with the then- prevailing laws regulating parcel or record of survey maps, and which parcel-or record of survey map otherwise qualifies as being substantially in accord with the approved tentative map, a new parcel map need not be recorded and in lieu thereof a copy of said parcel map certified by the Santa Clara County Recorder as being a true and correct copy of the original parcel map on file in his offices shall be filed; (b) A preliminary title report issued within ten days from date of filing by a reputable title company doing business in Santa Clara County, issued to or for the benefit of the City and showing all parties having any interest in the land. (c) Where any required improvements have not been completed, two copies of the City's standard (or deferred) form of improvement agreement executed by all owners, the deposit in duplicate of the required cash or executed improvement bond, a complete set of any required improvement plans signe. d by the City Engineer and any required policy or certificates of iiability and property damage insurance; -2- (d) Satisfactory written evidence of payment of all required fees." SECTION 5: 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, 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 or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 6: This ordinance shall be in full force and effect thirty (30) days from and alter the date of its passage and adoption. This ordinance was regularly introduced and after the waiting time required by law, was therealter passed and adopted at a regular meeting of the City Council held on the 1st :day of Jtme ~ 1983~ by the following vote; AYES: Councilmembers Clevenger, Fanelli, Moi;les~ Mayor Callon NOES: None ABSENT: Councilmember Mallory }~4ayor ATTEST: City Clerk The above and foregoing is a true and correct ,4 has · copy of C:,,rdinan~e $g °. /---¢wi~fci~ been pubfished acccrdir!,2 to law. Deputy City Clerk Date