HomeMy WebLinkAboutNS-5.15 ORDINANCE NS-5o
AN ORDINANCE AMENDING ORDINANCE NS-5,
THE SUBDIVISION ORDINANCE, :BY MODIFYING
PROVISIONS RELATING TO HIT3~IDE LOTS
AND SUBDIVISIONS, AND AMENDING SECTION
8.2 Of PART TWO, AND SECTIOn4.2 ~ND 6.1 OF
PART THREE, THEREOF, RELATING TO THE '
· .DURA ON OF "TENATIVE NAPS AND REQUIRING
The City Council of the City of Saratoga does hereby
ordain as follows:'
Section 1: Sections 10.4 and 10.5 of Part Two of Ordinance
NS-5, relating to hillside ~ubdivisiOns,.are
hereby amended to read as follows:
Section 10.4 APPROVAL OF SITE DEVELOPMENT PLAN:' Where a site
development
plan' is required to be filed in accord with this Section, no
tenative site approval nor,tenative subdivision map approval
shall be granted by the planning commission until tenative
approval thereby of the site development plan~which approval
may be prior to, or simultaneously with,. the approval o~ the
tenative map. At Or prior to the filing of the final map
with the City for approvali a final site development plan
shall be prepared and filed with the building Official,
~ubstantially=in aCcord-with"the apprOved-tenative site
development plan, and containing'thereon all of the data
required by Section 7006(b), and, fnsofar as may be applicable,
any data as required under!the provisions of Sections 7006(c)
and (d), of the Uniform Building Code.l Where a site development
plan is required to'be filed i~ accord with this Section, no
final site approval nor final subdivision map approval shall
be granted by the City council unless and until the final site
development plan .is'submitted. to the building official and
approved by him in such a manner that he is ready on request
to issue angradingpermit for said lo~, site or subdivision.
Section 10.5 SITE DEVELOPMENT PLANAS PART OF IMPROVEMENTS:
.- Where a final site development plan has beenapproved
in accord with the foregoing, it shall automatically
become a part of the improvement plans for.theflot, site,
parcel or subdivision in question, and shall be subject to the pro-
visions of Sections 7~1, 7~2, and 7.3, of Part .TWo of this
Ordinance in relation to improvement agreements and bond%
save and except'as follows:
(a) There shall b& no requir~ment that' th~ site or
sites in question be developed within one year
from date of final map approval, orwithin any-specified period
of time, nor shall there be any requirement of'maintenance,
as otherwise required by Section 7.1 of Part Two of this
Ordinance;
(b) In the actual development of lots, sites or parcels
of-the subdivision in question, the Planning
Co-~ssion shall have the power to grant modifications or
deviations from the site development plan as to any off-stre&t
work in the subdivision, upon apRlication therefor, and subject
to compliance wi,th all of the provisions of Article 5,
Cha ter 3, of the Saratoga CttyCOd~r.. No particular form of
app~icati n is'necessary, letter form beinE sufficient. If the
o.
-1-
. requested modificatioh O~ ~teviatiOn constitutes a substantial
' change in excavation or grading, the request shall first
be submitted to the grading committee and reported bycbuch
committee to the Planning Commission.
Section 2: The first sentence of SeCtion 8.2 of Par~
Two of Ordinance NS~5 is hereby amended to
read as follows:
'~ Section 8.2: FILING OF FINAL MAP WITH CiTY ENGINEER: Within
· a period
of eighteen months after approval or conditional. approval of
the tenative map of ahsubdivision, 'or within such additional
extension of time not exceeding one year as granted .by the
Planning Coassion, or the City Council on appeal', the
subdivider shall cause the proposed subdivision to be
accurately surveyed and a final map to b~ prepared in accord
with the tenative 'map as approved, and cause a minimum of
three copies of such final map, and with any and all
alterations and changes required thereto, to be filed with
the City Engineer for his approval.
section 3: The last paragraph of Section 4.2' of Part
Three of Ordinance NS-5 is hereby amended
to read as follows:
Action taken by the Planning Commission in appr0ving or
conditional' approving a tenative map shall remain in full ·
force and ~ffect for eighteen months from date thereof, unless
ex.tended or renewed by further action of .the. Planning Commission,
or ~he City Council on appeal~ht~hh extension may not' be for'
a period exceeding one year.
Section 4: The first 'sentence of Section 6,1 of Part'
Three of Ordinance NS~5 is hereby amended to
read as follows:
Section 6,1: APPLICATION FOR FINAL APPROVAL: Within eighteen
Imonths after '
approval or conditional approval of the tenative map by the
Planning Commission, or within such further extension of
time as may be granted.by.the Co',~',x~ssion, or by the City
· Council on appeal, 'application for final approval' shall be
made by filing the following with the City Clerk:
Section 5: - Section 6.3 is hereby added to Part Three'
of Ordinance NS-5, to read as follows:
Section 6.3: CERTIFICATES ON PARCEL MAPS: Whenever a parcel
. - ~-. ..... map .is ~f-iled
with the CoUnty R~corder for any lot or parcel which
not already shown on a recorded subdivision map, or for
which final site approval has not yet been obtained and
remains in full force and effect under this partl then in
addition to the certificates required by Bus~ness and
Professions Code Sections 11575 through 11580 of the State
of California, there shall also ~ppear on such parcel map .
the following City Clerk's certificate, duly executed by
him:
CITY CLERK'S CERTIFICATE-'
Recordation of this parcel map ~s One of the
steps required by'the City of Saratoga to obt'ain
Final Site Approval for building purposes, and
such recordation does not imply that Final Site
Approval has been granted.
Dated this day.of - , , 196__.
CITY CLERK .. ".'- ~' . ~
CITY OF SARATOGA · -- -
By '-
Section 6: If any. section, subsection,,sente~ce,
clause or phrase Of this ordinance is for
any reason held by a court of competent jurisdiction to be
invalid, such decision shall not affectthe~alidity: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
be held invalid or unconstitutional.
Section 7: This ordinance shall take effect and be in
full force and'effec~ thirty days after'the
date of its passage and adoption. ~
The above and foregoing ordfna~ce was regularly-introduced
and after the waiting time required by law was thereafter passed
and adopted this 15th' day of Februa~ . , 1967, by the
following vote:
AYES: -Councilmen Glen~on. Tyler. Hartman, ,Burry, Robbins
NOES: None ~ -
ABSENT: None
' MAYOR
Oeputy [;ity Clerk - /