Loading...
HomeMy WebLinkAboutNS 60.13 ORDINANCE NO. NS 60.13 . AN ORDINANCE OF THE~-CITY OF SARATOGA 'AMENDING ORDINANCE NS-6O, ~FME SUBDIVISION ORDINANCE OF THE CITY OF SARATOGA, BY REPEALING SECTION 18.2, AMENDING SECTIONS 9.1, 9.2, 17.2, 22.2, AND 24.1, AND ADDING SECTIONS 18.2-1, 18.2-2, AND 22.3 The City Council of the City of Saratoga does hereby ordain as follows: SECTION 1: Section 9.1 of Ordinance NS-60, the//Subdivision Ordinance of the City of Saratoga, is hereby amended to read as follows: Sec. 9.1. Appeal by subdivider. The subdivider may appeal to the City Council from any decision of the advisory agency which conditionally approves or disapproves a tentative map, under article two or article three hereof, by filing a written notice thereof together with the requisite filing fee with the City Clerk, letter form being sufficient, within ten (10) days after the date such decision is made. In all matters which are subject to the provisions concerning exceptions to design and improvement requirements, as more particularly set forth in section 15 of article two hereof, no such appeal shall lie unless and until the subdivider has first exhausted his administrative remedy to seek exceptions under section 15 above-referred to. All notices of appeal shall be signed by the subdivider or his agent and shall set forth the specific action appealed from, together with all grounds of the appeal. No ground of appeal not specifically set forth in the notice may be raised or considered at the time of hearing on the appeal. Upon receipt of the notice of appeal and filing fee, the City Clerk shall set the appeal for public hearing before the City Council at its next regular meeting that falls not less than ten nor more than thirty days after the date of filing, shall notify the subdivider and the advisory agency whose decision is being appealed of the time and place of hearing by regular mail and, in addition, shall give ten days prior published notice of such hearing in accord with Government Code Section 66451.3. Upon the hearing on appeal, the City Council may sustain, overrule or modify the decision appealed from, and if the decision on appeal relates to any matters covered by the provisions of Sections 66473, 66473.5 or 66474 of the Govern- ment Code which require a finding or findings, shall include such findings as may be so required in said decision, and such disposition on appeal shall be final. SECTION 2: Section 9.2 of Ordinance NS-60, the Subdivision Ordinance of the City of Saratoga, is hereby amended to read as follows: Sec. 9.2. Appeals by Others. Any interested person may appeal any decision of the advisory agency regarding a subdivision. Any such appeal -1- shall be limited to a challenge of the findings made by the advisory agency on matters contained in Government Code Sections 66473.5, 66474, 66474.1 and 66474.6 (relating to consistency with General and Specific Plans and other special findings). The request for any such appeal must be made in writing and submitted to the City Clerk within ten (10) days after an advisory agency decision is made. Any such appeal shall be taken to the City Council, and shall be noticed and heard in the same manner as an appeal by the subdivider under Section 9.1 above, with appellant, being entitled to the same notice and rights regarding testimony as are accorded to the subdivider under that section. SECTION 3: Section 17.2 of Ordinance NS-60, the Subdivision Ordinance of the City of Saratoga, is hereby amended to read as follows: Sec. 17.2. Improvement and labor and material bonds. The subdivider shall furnish and file with the City good and sufficient security in the form of cash or corporate surety bond or bonds, or a letter of credit issued by a financial institution subject to regulation by the state or federal government, in an amount not less than one hundred percent (100%) of the estimated cost of completion of said improvements as determined by the City Engineer, conditioned upon full compliance with this ordinance and the terms of said improvement agreement by the subdivider. If a bond is furnished as security, it shall be provided in a form substan- tially in accord with Government Code Section 66499.1. Any security furnished by the subdivider shall remain in full force and effect at all times until the expiration of one year after satisfactory completion of all improvements, and thereafter until all deficiencies in construction, maintenance and repair have been rectified and final acceptance of all improvements made by the City Council. Wherever a failure to perform under said agreement has not been satisfactorily rectified by the subdivider or his surety within thirty days after notice to the surety at the offices of its authorized representative, the City at its option may thereafter, twithour further notice, declare said bond forfeited and cause .all required construction, maintenance or repair to be done. In addition, the subdivider shall furnish and file with the City good and sufficient security in the form of cash or corporate surety labor and material bond or bonds, or a letter of credit i'ssued by a financial institution subject to regulation by the state or federal government, in an amount of not less than one hundred percent (100%) of the estimated cost of completion of said improvements in order to secure payment to all contractors, subcontractors, laborers, material- men and other persons employed in the performance of the work of installing and completing said subdivision improvements. If a bond is furnished for such security, it shall be provided in a form substantially in accord with Government Code Section 66499.2. SECTION 4: Section 18.2 of Ordinance NS-60, the Subdivision Ordinance of the City of Saratoga, is hereby repealed. SECTION 5: Section 18.2-1 is hereby added to Ordinance NS-60, the Subdivision Ordinance of the City of Saratoga, to read as follows: -2- Sec. 18.2-1. Expiration and Extensions of Tentative Subdivi- sion 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 granted its approval or conditional approval, or the date on which the City Council ruled on any appeal of the advisory agency approva~ 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 totalling twenty-four (24) months. Any application for such an extension shall be made in writing by the sub- divider and filed with the City Clerk. '~before the map is to expire and shall state the reasons f~r 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 subdivision map. If the advisory agency denies a subdivider's application for extension, the subdivider may appeal to the City Council within fifteen (15) days after the advisory agency has denied the extension. SECTION 6: Section 18.2-2 is hereby added to the Ordinance NS-60, the Subdivision Ordinance of the City of Saratoga, to read as follows: Sec. 18.2-2. Filing of Final Map with City Engineer. Within the twenty-four (24) month period after the approval or conditional approval of a tentative subdivision map, or within such additional extension or extensions of time as may be granted by the advisory agency, or the City Council on appeal, the subdivider shall cause the proposed subdivision to be accurately surveyed and a final map to be prepared substantially in accord with the tentative map as approved, and cause a minimum of three (3) copies of such final map, with any and all alterations and changes required thereto, to be filed with the City Engineer for his approval. Said filing must be at least fifteen (15) working days prior to the City Council meeting at which action for approval of the said map is desired by the subdivider. At the time of filing of the final map with the City Engineer, the subdivider shall also file concurrently therewith the following: (a) A traverse sheet, giving latitude and departures, showing the mathematical closure, within the allowable limits of error, of the exterior bound- aries of the tract in all cases in which said boundaries are irregular or in which the tract is laid out in irregular blocks, and of the exterior boundaries of all irregular lots and blocks; (b) Plans, profile, details and specifications for improvements conforming to all ordinances of the City and to the requirements of Section 14.1 hereof which must show full details of all improvements and shall be to a scale of forty or fifty feet to the inch horizontal and four or five feet to the inch vertical; -3- (C) A detailed estimate of quantities and costs of the proposed improvements for approval of the City Engineer; (d) A title guarantee by a reputable title company going business in the County of Santa Clara, showing the names'of all persons whose consent is necessary for the preparation of said map and'for any dedication to public use, and their interests therein, certified for the benefit and protection of the City of Saratoga that the persons therein named are all of the persons necessary to give clear title to the streets and other easements therein to be offered for dedication; (e) Two copies of all proposed covenants, conditions and restrictions (CC&Rs) or a statement in writing signed by the subdivider that no such restrictions will be established; (f) Instruments prohibiting traffic over the side or rear lines of any street or other public way when and if the same is required under Section 13.3-5 hereof; (g) Such deeds, offers of dedication or other instruments affecting or conveying title or any interests in land as are required under the terms of conditional approval of the tentative map; (h) A statement that all applicable fees required by Table I hereof have been paid to the City Clerk. The City Engineer shall examine the final map and accompanying data and shall determine: (a) Whether the subdivision is substantially the same as shown on the tentative map with only approved alterations thereof; (b) Whether all conditions of tentative approval have been completed, or if incomplete, are matters which are includable in a regular or deferred subdivision improvement agreement with the City; (c) Whether the Map Act, all provisions of this ordinance and all other applicable provisions of law have been complied with; and (d) Whether said map is technically correct. Upon the City Engineer's'determination that conformity with the foregoing has been made, he shall execute the City Engineer's-certificate on said final map. SECTION 7: Section 22.2 of Ordinance NS-60, the Subdivision Ordinance of the City of Saratoga, is hereby amended to read as follows: Sec. 22.2. Action on tentative maps. The Planning Director shall check the application and map for completeness of information required thereon and -4- therewith, and if complete shall accept the same for filing. Action on the tentative map for site approval and the power of the land development committee as the advisory agency to approve, conditionally approve or disapprove the same, shall be the same as set forth in article two hereof for sub- divisions of five or more lots. SECTION 8: Section 22.3 is hereby added to Ordinance NS-60, the Subdivision Ordinance of the City of Saratoga, 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 eighteen (18) months from the date on which the advisory agency granted its approval or conditional approval~ or the date on which the City Council ruled on any appeal of the advisory agency approval or conditional approval. An extension of the expiration date of an approved or condi- tionally approved tentative parcel map may be granted by the advisory agency for a period or periods totalling twenty-four (24) months. Any application for such an extension shall be made in writing ~y th.e subdivider and filed with the City Clerk ~before the map is to expire and shall state the reasons for requesting the exten- sion. 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 (15) days after 'the advisory agency has denied the extension. SECTION 9: Section 24.1 of Ordinance NS-60, the Subdivision Ordinance of the City of Saratoga, is hereby amended to read as follows: Sec. 24.1. Application. Within eighteen (18) months after approval or condi- tional 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 24.4 hereof, a parcel map prepared in accord with all require- ments of the Subdivision Map Act (Government Code sections 66444 through 66450) 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 ~ecord of survey map is already of record, which at the time of its recordation -5- 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 improve- ment plans signed by the city engineer and any required policy or certificates of liability and property damage insurance; (d) Satisfactory written evidence of payment of all required fees. SECTION 10: 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 thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be held invalid or unconstitutional. SECTION 11: This Ordinance shall take effect and be in full force and effect thirty (30) days from and after thedate of 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 on this j~ day of S~ptember , 1982, by the following vote: AYES: Councilmembers Clevenger, Mallory, Moyles, and MayorCallon NOES: None -6- ABSENT: Counci~ Fanelli Mayor ATTEST: City Clerk ~ The ab!7,;e pu~5h~ accordjng to law, Deputy City Clerk Date -7-