HomeMy WebLinkAboutNS-60.9 ORDINANCE NS-60.9
AN ORDINANCE A~NDING THE SUBDIVISION ORDINANCE
OF THE CITY OF SARATOGA'TO PErmIT EXTENSIONS OF
TIME ON APPROVAL OF TENTATIVE SUBDIVISION MAPS
UP TO TWO YEARS
The City .Council of the City of Saratoga does hereby ordain
as follows:
Section 1: This ordinance is enacted under the enabling
provisions of Government Code Section 66452.6 of the State of California,
to grant authority to the legislative body of the Advisory Agency, as
the case may be, to extend previously appr0ved tentative subdivision
maps for a period or periods up to two years, rather than the one-year
limitation as presently existing in the Subdivision Ordinance.
Section 2: The phrase "not exceeding one year" as contained in
Section 18.2 of Ordinance NS-60 is hereby amended to read "not exceeding
two years in total", and the phrase "which extensions in no case~may be
for any period exceeding one.year" contained in the second paragraph of
Section 22.2 of Ordinance NS-60, is hereby amended to read "which
extensions in no case may be for any period exceeding two years".
Section 3: There is hereby added to Section 18.2 and to
Section 22.2 of said Ordinance NS-60, the following additional.
paragraph relating to extensions of time:
The granting of any extension of time as above set
forth, up to the maximum period of time specified herein,
shall be at the discretion of the Advisory Agency, or the
City Council on appeal, which Advisory Agency and/or
City Council shall review and change and modify conditions
of approval previously imposed and may impose new and
different conditions which are consistent with current
City standards as conditions to approval of any extension
or extensions. In the event~ however, that the land which
is the subject matter of the tentative map has, prior to the
request for extension, been rezoned so that the lot size of
the tentative map would now be inconsistent with the new
zoning, then and in that event, no such extension may be
granted. The provisions in this paragraph for extensions
for an additional period or periods of not exceeding a
total of two (2) years may be applied retroactively to
any tentative map previously appr'oved or conditionally
approved, provided a request for such an extension has
been made prior to the adoption of Ordinance NS-60.9~ or
within thirty (30) days after such adoption, and provided
further that no such retroacti~e application of this
section shall cause any approval. or conditiqnal approval of
a tentative map to in any event"cohtinue longer than the
maximum allowed by this section.
Section 4: If any section, subsection,".sentence, clause or
phrase of this ordinance is for any reason held by a court of
competent jurisdiction to be invalid, 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
passed this ordinance and each section, subsection, sentence, clause
and phrase thereof, irrespective of the fact that any one or moreD
sections, subsections, sentences, clauses or phrases-be held invalid
or unconstitutional.
~=~ ~ Section 5: This ordinance shall take effect and be in full
force and effect ~hirty (30) days after its passage and adoption.
This 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 held on the'20th day of
F~bruary , 1980, by the following ~ote:
AYES: Councilmen Kraus, Corr and Callon
NOES: None
ABSENT: Councilman Matteoni
ABSTAIN:
ATTEST:
The above and foreg in is ~ true and correct
copy of OrdinanCe ~ ~, which has been
published according to law.
The abq,,, and foregoing IS a true and correct