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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. 1 (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- 2 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 '