HomeMy WebLinkAboutNS-5.4 ORDIN/~]CE NO. NS-5.4
AN ORDINANCE AMENDI~,!G ORDINANCE NS-5 OF. THE CITY QF
SARATOGA~ THE SUBDIVISION ORDINANCE. ..
The City Council of the City of Saratoga does hereby ~rdain as foilowe:
Section 1: There is hereby added to Section 5.2-3 of part 3 of Ordinance NS-5,
which section is titled I=Exceptions', the followin~ paragraph:
Such variances or deviations shall be smatter of grace only, and if
granted may be on such conditions as the Planning Comission and/or
the City Council may impose. Wherever a variance is sought to decrease
the width of the right-of-way and/or the paved surface of a minimum
access street to less than the minimums required by this ordinance,
by reason of applicant's lack of ownership of an easement or right-
of-way of sufficient width to meet such standards, such variance, if
granted, shall be conditioned as follows: That the applicant pay cash
to the City of Saratoga a~ amount equal to the estimated cost to the city
of acquiring, by purchase or eminent domain, of such right~of-way to
the width of a minimum access street, plus the cost of improving the
s~m~ to such width beyond the improvement width to be constructed
by applisant. The aforesaid cost estimates shall be as determined
by the City Engineer as projected to a time of not less than five years
from date of the' variance. The aforesaid payment to the city shall
not impose upon the city any obligation or liability to acquire such
additional width, nor to improve the Same, at any time, save and except
that if the ~ity, by the year 1980, has not commenced action to acquire
such right-of-way as a public street and to improve the same, then
and in that event the aforesaid funds paid to said city and on deposit
shall be returned to the applicant.
Sectiog...~: Section (A).(~) of Table I of Ordinance NS-5 is hereby amended to
read as follows:
"(2) The sum of $15.00 per lot for every lot, site or subdivision
of four or less lots undsr PART.THREE."
Section 3: Paragraph (F) of Table I of Ordinance NS-5 is hereby amended to
read as follows:
".(F) APPEAL FEE
The fee for filin~ an appeal in accord with Section 8 of PART ONE
hereof, or under the provisions of Section 11552 of the Business
and Professions Code of the State of California, is hereby fixed
at the sum of $20.00."
Section 4: COMST~TUTIONALITY. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to be
invalid of unconstitutional by the decision of any court of competent . f'
3urisdiction, 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 adopted this ordinance
and each section, subsection, sentence, clause, phrase or portion thereof
irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases or portions thereof be declared invalid or
unconstitutional
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 the City of Saratoga held on the 2nd day
of January . , 1963 by the following vote:
AYES: B=azil~ Glennon~ Drake~ Hartman, Ritchie
NOES: None
ABSENT: None
ATTEST:
The above end foregoing ~
copy o[ Ordinance ~s ~
....
P~b~ishsd actorcling to law,