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HomeMy WebLinkAboutNS-60.16 ORDINANCE NO. NS-60.16 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING SECTION 21 OF ORDINANCE NS-60, THE SUBDIVISION ORDINANCE, TO EXEMPT CERTAIN EXPANSIONS OF SINGLE FAMILY RESIDENCES FROM THE REQUIREMENT OF BUILDING SITE APPROVAL The City Council of the City of Saratoga does ordain as follows: SECTION 1: Section 21 of Ordinance NS-60 is hereby amended to read as follows: nSeetion 21 Building site approval No person shall sell, or lease for a period in excess of ten years, or finance, any subdivision of four or less parcels, or of five or more parcels otherwise exempt from the provisions of Article Two hereof, or construct or move onto any lot or site any building or other structure, or pave any site for off-street parking where the paved area does or will exceed one thousand square feet, nor shall any building permit be issued for the erection, construction or improvement of the same, until final building site approval therefor has been granted by the advisory agency in eceord with this Article and a parcel map has either been approved and recorded with the County Recorder or has been waived in accord with Section 24.4 hereof, save and except the requirements of this Article shall not be applicable to any of the following which are exempt from such provisions: (a) Where the identical site is shown as a lot on a final approved subdivision map recorded within fifteen years prior to the date of application for a building permit. (b) Where final building site approval for the identical lot or site has previously been obtained from the City within fifteen years prior to the date of application for building permit, in accord with such ordinance requiring site approval as was in effect at that time, and the requisite record of survey or parcel map is of record evidencing such site approval. (c) Where the site already has a main structure existing thereon, which was erected in conformity with all laws and ordinances applicable at the time of its erection, and where the contemplated construction consists of the addition to or expansion of the main structure where such does not increase the floor space under roof by fifty percent or more of the amount of floor space under roof immediately prior to such expansion. For the purposes of this exception, any expansion or addition shall be considered as equalling or exceeding the fifty percent limit where the work of construction or improvement is done at different time intervals requiring two or more building permits, within a period of five years after completion of the first improvement, where although each is for a project encompassing an addition of less than fifty percent of increased floor space, but when combined with other expansions during said five year period of time increase the amount of floor space under roof by 3/20/85 -1- fifty percent or more of that amount which existed immediately prior to the commencement of the first of the several additions or expansions. Notwithstanding the foregoing provisions of this Paragraph, no building site approval shall be required under this Article in the case of an addition to or expansion of a single family residence located upon a single lot or parcel which increases the floor space under roof by fifty percent or more, if all of the following requirements are satisfied, as determined by the Director of Community Development: (1) All public utilities have been installed or are readily available to service the site and will be installed as part of the expansion work. (2) If any dedication to the public would have been required as a condition for building site approval, including, but not limited to, dedications for roads, easements or other rights of way, the applicant shall have duly executed a written instrument making such dedication. (3) No construction or improvement of any off-site public facility is required, including, but not limited to, roads, sewers or utility lines. (4) The recording of a parcel map is not required for the site on which the single family residence to be expanded is located. (5) If participation by the applicant in any existing or future assessment or improvement district would have been required as a condition for building site aproval, the applicant shall have executed a written agreement to so participate. (6) There are no other conditions or circumstances affecting the site or the proposed improvements to be constructed thereon for which building site approval under this Article would be necessary or appropriate. (d) The construction of any separate accessory structure or structures on the same site as an existing main structure which was erected in conformity with all laws and ordinances applicable at the time of its erection. For the purpose of this exception, a parking area of one thousand square feet or more shall not be construed as an accessdry structure qualifying for an exemption. (e) The reconstruction of a main or accessory structure which was originally erected in conformity with all laws and ordinances applicable at the time of its erection and which has been destroyed by fire, act of God or other calamity, except landslide, earthquake, earth movement, soil instability or flood. The exemption under this Paragraph shall apply only if the restoration work is commenced within one year from the time of destruction, unless an extension for good cause is granted by the Director of Community Development, and such work is prosecuted diligently to completion. (f) Any division of land caused by a conveyance for the purpose of adding land to one parcel by deducting it from another contiguous parcel, where: (1) Such division does not reduce the site area of the parcel from which such portion is taken below the minimum area, frontage, width or 3/20/85 -2- depth prescribed for the zoning district in which said parcel is located, nor reduce any of the required yard spaces surrounding any structure or use on such parcel below the minimums prescribed for such zoning district; and (2) The parcel to which the land is added is not capable of further division by reason of such addition of land." SECTION 2: 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 any one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. \ SECTION 3: This Ordinance shall become effective thirty days from and after the date of its passage and adoption. re ular meeting of City Council of the City of Passed ~and adopted at a ~il the Saratoga held on the 7~h day of , 1985, by the following vote: AYES: Councilmembers Callon, Clevenger, Hlava, Moyles and Mayor Fanelli NOES: None ABSTAIN: None ASSENT: ~one MAY(f)R ATTEST: , CITY CLERK cl'g~e,ab2v? ~nd fere~,o!n,q is a lrue ~nd correct · ~ o: ~,~m3~,cc ~ which has been cr~: to izw. 3/20/85 -3-