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HomeMy WebLinkAboutNS-3.67 ORDINANCE NO. NS-3.67 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING ORDINANCE NS-3, THE ZONING ORDINANCE, TO DESIGNATE THE SITE REVIEW COMMI1TEE AS THE APPROVING AUTHORITY FOR DESIGN REVIEW OF SINGLE FAMILY RESIDENCES AND EMPOWERING THE COMMITTEE TO GRANT SETBACK VARIANCES IN CONNECTION W1TH SUCH DESIGN REVIEW APPLICATIONS The City Council of the City of Saratoga does ordain as follows: SECTION 1: Paragraph (j) of Section 13A.3 of Ordinance NS-3 is hereby amended to read as follows: "(j) The term 'approving authority' shall mean either the Planning Commission or the Site Review Committee, as designated in Section 13A.3.1 of this Article." SECTION 2: Section 13A.3.1 is hereby added to Ordinance NS-3, to read as follows: "See. 13A.3.1 Designation of approving authority (a) Planning Commission. The Planning Commission is hereby designated as the approving authority for all decisions and determinations under this Article, except for those decisions and determinations to be made by the Site Review Committee as specified in Paragraph (b) of this Section. (b) Site Review Committee. The Site Review Committee is hereby designated as the approving authority under this Article with respect to any application for design review approval of a single family residence which does not exceed the floor area standard set forth in Section 13A.6 applicable to the site, and any extension or modification of such approval. Notwithstanding the foregoing, the Site Review Committee may refer any application to the Planning Commission for action thereon whenever the Committee deems such referral to be necessary or appropriate." SECTION 3: Section 13A.9 of Ordinance NS-3 is hereby amended to read as follows: "Sec. 13A.9 Appeals Any decision or determination made by the approving authority under this Article may be appealed to the City Council in accordance with the procedure set forth in Article 24 of this Ordinance." 3/20/85 -1- SECTION 4: Section 17.12 is hereby added to Ordinance NS-3, to read as follows: "See. 17-12 Betback variances granted by Site Review Committee Notwithstanding any other provision of this Article, the Site Review Committee shall be authorized to grant variances from the regulations of this Ordinance pertaining to front yard, rear yard and side yard setbacks for single family residential structures, where such variances are granted in connection with, and part of, a design review approval issued by the Site Review Committee pursuant to Article 13A of this Ordinance. With respect to such variances only, all references in this Article to the Planning Commission shall be deemed to refer to the Site Review Committee. The authority herein delegated to the Site Review Committee shall be concurrent with the authority of the Planning Commission to grant such variances." SECTION 5: Section 24.2 of Ordinance NS-3 is hereby amended to read as follows: See. 24.2 Appeals from decision of Planning Commission or Site Review Committee An appeal may be taken to the City Council by the applicant or any interested person from the whole or any portion of a decision made by the Planning Commission or the Site Review Committee pursuant to any of the provisions of this Ordinance." SECTION 6: Paragraphs (b) and (c) of Section 24.7 of Ordinance NS-3 are amended to read as follows: "(b) Conduct of hearing by City Council. The City Council shall conduct a hearing de novo on the appeal, but no public hearing shall be required unless the decision by the Planning Commission or the Site Review Committee was made in connection with a proceeding which required a public hearing; provided, however, that nothing herein shall prevent the City Council, in its discretion, from receiving testimony or other evidence from any person pertaining to the subject matter of the appeal. (c) Decision by City Council. The City Council may affirm, reverse or modify the decision of the Planning Commission or the Site Review Committee, and may refer the matter back to the Planning Commission or the Site Review Committee for such further action as may be directed by the Council. Where an appeal has been filed pertaining to only a portion of a decision by the Planning Commission or the Site Review Committee, the City Council shall have authority to review the entire matter and may affirm, reverse or modify all or any other portion of the decision notwithstanding the fact that no appeal has been taken therefrom." SECTION7: 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. 3/20/85 -2- SECTION 8: This Ordinance shall become effective thirty days from and after the date of its passag~ and adoption. *** d Saratoga h of , 1985, by the following vote: AYES: Councilmembers Callon, Clevenger, Hlava, Moyles and Mayor Fanelli NOES: None ABSTAIN: None MAWR ATTES~<~ '~ / The above and foregoing is a true and correct CITY CLERK copy of Ordinance ..L/S 3_,~,7 which has been published according to Deputy City Clerk ' ' Date 3/20/85 -3-