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:
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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