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HomeMy WebLinkAboutNS-5.4 (2) ORDIffA~CE ~O. AN ORDINANCE AHEblDI~G ORDI~AIqCE N8-5 OF THE CITY OF SARATOCA~ THE SUBDIVISIO~I ORDINANCE. The City Council of the City of Saratoga does hereby ~rdain as follows: / Section l: There is hereby added. to Section 5,2-3 of part 3 of Ordinance which section is titled ':gxceptiorm~', the following paragraph: Such variances or deviations shall be a utter of grace only, and if granted may be on such conditions as the Planning Co~ission and/or the City Council may impoae~ l~herever a variance is sought to decrease the ~idth 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 appl_icant's .lack of own~erahi_p of an easement or right- of-way of sufficient widthto meet au6h standards; such variance, if granted, shall be conditioned as follows: That the applicant pay cash to the City of Saratoga an 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 same to such width beyond the improvement width to be constructed by applicant. 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 city, by the year 1980, has not comasneed action to acquire such right-of-way as a public street and to improve the same, thee and in that event the aforesaid funds paid to said city and on deposit shall be returned to the applicant. Section 2: Section (A) (2) of Table I of Ordinance NS-5 is hereby amended to read as follows: "(2) The'sum of $15.00 per lot for every tot, site or subdivision of four or less iota under PART Section 3: Paragraph (F) of Table I of Ordinance ffS-5 is hereby amended to ...... ' read as--fol-lows.: ............. ~ "(E) APPEAL FEE The fee for filing an appeal in accord with Section 8 of PART 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: CdHSTITIrfl0~ALITY. 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 . jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Saratoga ~ereby declares that it would have adopted this ordinance and each section, subsection, sentences clause, phrase or portion =hereof 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 0~ the City at Saratoga held on the 2nd 'day of .January , 1963 by the following vote: AYES: Brazil, Glennon, Drake, Hartman, Ritchie NOES: None ABSENT: None ATTEST: /s/ Burton R. Brazil HAYOR /s/ Gordon H. Howe CITY CLERK