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HomeMy WebLinkAboutNS-60.4 ORDINANCE AN ORDINANCE AMENDING ORDINANCE'~'60, THE SUBDIVISION ORDINANCE OF THE CITY OF SARATOGA, BY ADDING PROVISIONS RE WAIVER OF PARCEL MAPS, POSTPONEMENT OF GRADING PLANS, CASH BONDS AND IMPROVEMENT COMPLETION PRIOR TO BUILDING PERMITS, FOUR OR LESS LOTS: CLARIFYING HILLSIDE SUBDIVI- SION DENSITY AND SITE APPROVAL EXCEPTIONS The City Council of the City of Saratoga does hereby ordain as follows: Section 1: Section S.2 of Ordinance N~j~60 is hereby amended to read as follows: Section S.2. It shall be unlawful for any person to sell, lea'se '{~r a period in excess oflten (10) years, finance, or erect or construct any building on any parcel or parcels of real property in the City of Saratoga which constitutes a subdivision of four or less lots (or S or more lots coming within any'df the provisions of Govern- ment Code Section 66426), or to construct any building, or pave any site for offstreet parking where the paved area will exceed 1000 square feet on any singl~ site or parcel, with- out first complying with the applicable provisions of Article Three hereof, and causing a final approved parcel map thereof to be recorded with the Santa Clara County Recorder, or se- curing a waiver thereof pursuant to Section 24.4 hereof. Section 2: Section 6Zl of OrdinanceN~0 is hereby amended to read as follows: Sect'ion 6.1. Except as to model homes otherwise permitted by Sec'tion S.1 hereof, no building permit or grad- ing permit shall be issued until the final subdivision map is recorded by the County Recorder, or, in the case of lots, parcels or subdivisions subject to Article Three of this ordi- nance, no building permit or grading permit shall be issued until final site approval is granted in accord therewith and the parcel map or a Certificate of Waiver concerning the same is recorded with the County Recorder, and all required on-site and off-site improvements have been completed and certified as complete,by the Director of Public Works. Section 3: Subparagraphs (a) and (b) of Section 13.9-3, relating to standards of..hillside development, are hereby amended to read as follows: (a) 'Minimum average land area per dwelling unit shall not be less than "a" as determined by ~he formula: 1 a 1.089 0.01778S where "S" is the average slope of the parcel in percent deter- mined by the formula set forth in Section 13.9-2(3) above. (b) Th6 maximum number of dwelling units per- mitted in a subdivision or'minor lands'division sh~f~'~e de- termined by dividing'the net land area of. the pargel subd~vided-by"~he required minimum average land area per dwelling unit, rounding up to the next whole number to occur at .5 and above. No parcel or portion thereof which can in- dependently be divided or subdivided shall be included in the net area used to determine the maximum number of units permitted. Secti6n 4: Section 13.9-4 of Ordinance No.60 is hereby amended by adding the following thereto: Notwithstanding the foregoing, if in the opinion of the Advisory Agency it would be preferable to postpone that portion of.t~e site development plan which would consist of the final grading plan at the location of each building site, the same may be postponed so long as a notation of the same is placed upon the face of the final subdivision map, in which case no building permit may be issued for any site unless and until a subsequent final grading plan is submitted to and approved by the Advisory Agency. Section 5: Section 14.4-2 is hereby added to Ordinance No,~60 to read as follows: Section 14.4~2. Water - Fire R~ote~tion in Hazardous Fire Areas Fire hydrants in all Hazardous Fire Areas as designated pursuant to Section 6-2.42 of the Saratoga City Code shall be located so that no part of any residential structure-'~shall be further than 500 feet from at least one hydrant and the fire protection syste~ shall be so-designed and charged with water under pressure so that each hydrant for'kresidential fire protection shall deliver no less than 1000 gallons per minute of water. Water storage or other availability shall be such that for any one hydrant of the system, the 1000 gallons per minute minimum shall be for a sustained period of two hours. Section ~: That portion of Section 21 of Ordinance No. 60 through Subdivision (b) thereof is hereby amended to read as follows: Section 21. .SITE APPROVAL REQUIRED. 'No person shall sell, or lease for a period in excess of ten (10) years, or finance, any subdivision of four or less parcels, or of five or more parcels otherwise exempt from the provisions of Article Two hereof, or construct or move onto any lot or site any building or other structure, or pave any site for off-street parking where the paved area does or will exceed 1000 square feet, nor shall any b~ilding permit be issued for the erection, construction or improvement of the same, until final site approval therefor has been granted by the Advisory Agency in accord with this Article and a parcel map has either been approved and recorded with the Santa Clara County Recorder or has been waived in accord with Section 24.4 hereof, save and except the requirements of this Article Three shall not be applicable to any of the following which are. exempt from such provisions: a) Where the identical site is shown as a lot on a final approved subdivision map recorded within fifteen (1S) years prior to the date of application for a building permit, and if recorded prior to the effective date of Ordinance No. 60, had not yet expired prior to such effective date; -2- b) Where final site approval for the identi- cal lot or site has previously been obtained from the City within fifteen (iS) years prior to the date of application for building per- mit, in accord with such ordinance requiring site approval as was in effect at that time, and the requisite record of survey or parcel map is of record evidencing such site approval, and if recorded.prior to the effective date of Ordinance No. 60, had not expired prior to such effective date. Section ~j: Section 23.3 of Ordinance Nd~.:.60 is hereby amended by adding thereto the following: Where the amount of the improvement security will be $5,000 or less, th6 same shall be by a cash deposit with the City Clerk or an instrument of credit, in accord with Subdivisions (b) or (c) of Government Code Section 66499, and shall not be in the form of a surety bond. Section.8': Subdivision (a) of Section 24.1 of Ordinance ~q"'60"'is hereby ameHded to read as follows: [a) Unless otherwise waived in accord with Section 24.4 hereof, a parcel map prepared in accord with all requirements of the Subdivision Map Act (Government Code Sections 66444 through 66450) and in substantial accord with the approved tentative map or the applicable unit or units thereof, and which shall diagrammatically show thereon the fulfillment of all conditions or tentative approval which' may be evidenced on such parcel map, including all required offers of dedication to the public of rights-of-way, ease- ments or other interests in land. In the event a parcel or record of survey map. is already of record, yhich at the time of its recordation was prepared and reco~ded~ih accord with the ~z~revailing laws regulating parcel or record of sur- vey maps, and which parcel or record of survey map otherwise qualifies as being substantially in accord with the approved tentative map, a new parcel map need not be recorded and in lieu thereof a copy of said parcel map certified by the Santa Clara County Redorder as being a true and correct copy of the original parcel map on file in his offices shall be filed; Section 9: Subdivision (d) of Section 24 of Ordinance~o~.~60 is hereby amended to read as follows: (d) Satisfactory written evidence of payment of all required fees. Section i~: The caption of Section 24.2 of Ordinance!Ng;~60 is hereby amended to read as follows: Section 24.2. ACTION ON FINAL APPROVAL. Sectionll.~ Section 24.3 of Ordinance No.',60 is hereby amended ~o read as follows: -3- Section 24.3. COMPLETION OF IMPROVEMENTS ~Where final site approval has been granted b~_ .F~ all improvements have net yet bee~ comple~'dFthen ei't~n~ ~11 of said improvements shall be constructed and completed prior _~ to the issuance of any Building Permit or any other permit for ~ the development of any one or more of such lot or lots, or in ~ or a Deferred Improvement Agreement, to be completed at a point Yl in time after the issuance of any building or other permit. ~- In all cases the r~quirements for th~ construction of such off- ~ the time of final site approval shall be noticed by a certificate ~n +~ Parcel "~ or in~n instr~cn~ evi~-~ng ~ a Parcel Map, or by the recordation of the Improvement Agreement ~ ~-concurrentty-with- the-recordation-o~-such Psrce~ Map~ Where-s ~ conditionSimposed_that requ' ' ~~h ? provement or improvements prior to the issuance of any building ' or other developmental permit for any lot or lots of the prop- erty, then prior to the issuance of any such permit an on-site inspection shall be made of the property by the Director of public Works t~ d~ne ~hetker or~t..sa~ im~ojeme~ts ha~L ~ been satisfactorily completed, and if so completed the Director 'shall issue a certificate to the Building Official which certi- · .~ficate shall be a prerequisite to the issuance of any such permit. .~ . Section 1~: Section 24.4'is hereby added to Ordinance N~.60 read as follows: Section Z4.4 Waiver of Parcel Map Notwithstanding the provision of Subsection (a) of Section 24.1 hereinabove, the Advisory Agency shall have power to waive the requirement of the preparation, approval and recordation of a parcel map in the event that it finds that the proposed division or site otherwise complies with all other r~quirements established by the Subdivision Map Act and by this ordinance, if the City Engineer certifi~ that the legal des- cription of said parcel or parcels of record with the Santa Clara County Recorder's office is sufficiently descriptive and definitive so as to be reasonably relatively ascertainable on the ground without the requirement of any such parcel map. Nothing herein contained is to be deemed to permit any waiver of a tentative map or any of the other requirements or provisions of this ordinance, Section 'i~! If any section, subsection, sentence, clause or phrase of t~is ordinance is for any reason held by a court of compe- tent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council 6f 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 14. This ordinance will take effect and be in full force and effect thirty (30) days after the date of its passage and adoption. This ordinance was regularly introduced and after the waiting time required b½"law was thereafter passed and adopted at a regular meeting of the City Council held on the 20 day of 3uly , 1977, by the following vote: AYES: Councilmen Bridges, Brigham, Kraus, Corr & Ma.eoni NOES: ABSENT: ATTEST: CITY CLERI~ Deputy City Clerk Dat~