HomeMy WebLinkAbout3E-16 does ordai'n as follows:'
That Interim Urgency Ordinance No. 3E-16 ,~"An o
Interim Urgency-Ordinance of the City of Saratoga Impos'ing a
Moratorium Upon the IssuanCe of Buildin~ Permits Without Prior
,Design Review for Certain Residential S't~uctu~es'Pending Review
and Amendmeht of Height Limitations and Other Building Restri'ctions
Pertaining ~hereto" ordained and addpted by the City Council on
September 3, 1980, be and the same is hereby extended for an
additional eight '(8)-months from the date of adoption hereof..
I, the unders~gned, h6re~y ~e~tify that the foregoing
ordinance is a full, true a~d correct copy of Ordinance No.
3E-17 of the City of Saratoga entitled as above; that it was
introduced on December 17, 1~80 and ad6pted by a fodr-fifths (4A5)
vote of the Council 'on December' 17,-1980 ', 1980, as 'folloWs:
AYES, and in favor thereof,--Councilmembers: Clevenger,'J~n~eh,'M~allory,
Watson, ~d Mayor Callon
NOES, Counc.ilmembers~ ~None LI~
ABSENT,' Coun~itm~mbers.: None
_ ? . 'Acti~ cler~"~f tHe~C~'y'o~-'Sa~to~a
ATTEST:
The above and ~re~oing-is a true'and' correct
col~ e~'O,,,-nan~ ~ w~ic'h has been
·., pubiishsd ~,c:cr~}ng te
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ORDINANCE NO. 3E-16
AN INTERIM URGENCY ORDINANCE OF THE' CITY OF
SARATOGA IMPOSINS A MORATORIUM UPON THE
ISSUANCE OF BUILDING PERMITS~WITHOUT PRIOR
DESIGN ,REVIEW FOR CERTAIN RESIDENTIAL
STRUCtUrES PENDING RE'VIEW AND AMENDMENT OF
HEIGHT LIMITATIONS AND OTHER BUILDING
RESTRICTIONSPERTAINING THERETO
The City Council of the City of Saratoga does hereby
o'ra~infas,~61.{0~s:~
S~ction?l: Findings an'd De'cl'arati6n of'Intent.
I't' is the pol.~Cy of the City of.Saratoga to 'restrict
the construgtion of one-f~mily detached residential struCtUres
under circumstances where such structures would constitute an
invasion of privacy, unreasonable'interference with views, light
and air, and create adverse impact'upon the aesthetic character
of neighboring ~esidential structures. ~t is also the policy of
the City of Saratoga topreserve natural topography, promote the
"construction of energy efficient'residential structures, and to
minimize the coverage o£ residential structures upoD buitdingI'
sites.
The City. Council finds that'effective implementation
of these policies requires review and revision of existing zoning
ordinahces regulating..the height and location of onesfamily
detached ~ain structures,and accessory structures and revision-
of the ~xisting procedures for design review of. such structures
prior to the issuance of a building permit. The Cit~ CouDcil
further finds that an urgency now exists for'impositioH of a
moratorfum upon the issuance of building permits for certain
structures without prior design review and phblic hearing thereon,
and unless such a moratorium is declared, the presen% zoniDg
ordinances codld allow the construction of one-family detached'
main structures or accessory szructures which are not in accordance
with the foregoing policies of the City of Saratoga.
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It is the in~'ention of the City Council to study and
review the ordinance in qdestion and to instruct the Planning
Commission and the planning staff to submit to the City. Council
withinca reasonable time their .recommendations as to the manner
in. which such ordinances s~ould be reviewed. In order to insure
.~bat the de~lared.policie's 6~ t~he. City~9~.~Saratoga are~not
violated, and in order to p~otect the public safety, health an~
welfare, the CoUncil finds that it'ia-necessary to adopt the
regu}ati~ns se~'forth in thfs O~dinance.
Section 2=: Phrp~se.
.The purpose of this Ordinance is to prohibit for a
perfodo~ four (4) ~onths the issuance Of any building permit
for~cons0truction of a one--family detached.~ain structure or '~ny
accessory ~tructur~ in an'R-k district having a height in excess
of twenty-two (22') without'prior design review and a noticed.
public hearing ~he~e~ ~xcept as expressly permitted under
Section 8 of this Ordinancel
Se'ction'3: Definitions. i ..... I, .
For purp6Se~'of this Ordinance, the terms "main
structure" ~nd-"accessory structure" shall ha~ethe meanings
as set forth in Section 1.~ of Ordinance NS-3'. Th& h~ig~t of
a structure shall be measured verticall9 from the average eleva-
tion of the-finished grade of ~hat portion of the site covered
by the structure to the highest ~oint of the roofline; p~ovid~,
however, that chimneys, flag~ol'es, radio and television aerials,
and necessary mechanical appurtenances may be erected to a
height not more th"an twenty-fiv~ feet (25') above the.highes~
point of. the ro6fline.
Sect'ion 4: Prohibftion.
No building permit shall be issued for the cohs~ruction
Of a 'one-family detached main structure or any accessory'structure
in an R-1 district, whare the proposed structure, will exceed
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twenty-two f~et (22' in height, unless the design of the
proposed structure shall have been approv~d by. th'e Planning
CommiSsion following a =noticed publi'~'hearing thereon.
Section 5: Notice.Of Public Hearing.
NOtice of the pdbli~ hearing shall be given not less
.~tha~ f.i~e (5) d~ys nor mor~ than.thirty .('30) days prio~ to the.,
date of the hearing by mail, postage prepaid, a notice of the'
time and place 6f~the hearing to all persons whose names appear
on,the latest ad~pted tax ~oll of Santa Clara County 'as 6wnlng.
.property within five hundred feet'(500') of the boundaries of
the property upon whidh 6he structure is to be-constructed.
~otice of the public hearing shall also be published in anews-
paper havihg general circulation in the City of Saratoga not
~ater.~han ten (10) days prior to the date of the hearing.
· Section 6: Kction by the Planning Commission.
D~s~gn! Review by the Planning Commissioh, pursuant 'to
this Ordinance, shall include consideration of the si'te~pian,
grading plan, architecturaldeSign, and elevations and landscape
plan f~r t~e' prop6s~d~ improvements. The Pl~nhing C0mmi~sion.shall
be Iguided by the following criteria in rendering its decision:
(a) The proposed structure shall not significantly
impair the present or future ability or ah adjacent pro~er~y
to utilize solar'energy.
(b) IThe proposed structure shall not constitute an
unreasonable invasion oflthe privacy of adjacent property owners.
.(c) -T~e proposed st.ructure sh~ll no~ unreasonably
interf0re with the views df adjacent properties.
(d) The proposed structure shall m~nlmize disrupti?n
to natural topoq~aphy, the natural drainage system, and existing
g~tat~
(e) The proposed structure .sh~li not be out of. character
.with the existinglstructdres of the neighborhood.
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During the period this-Ordinance is in effect, the
Planning-Commission ~ay be. g~i'ded by, but shall have the discre-
tion to set aside, the'restrictions or requirements of.Section.
3.7-2 of Ordinance-NS-3, commonly known as the "Multi-~tory
Ordinance." In the levent.of any conflict between this Ordinanbe
~nd th~ Mul~i~Stor~ 6r'dih~c~, the provisions Of this Ordinance
shall be contrdlli-ng.
'~Secti~'7: Appeal to=the Cit~ Council'.
Upon ~he granting or deniA~fof~design 'approval by the
Planning Commission, either the applicaht or any other interested
person-shallhave~the right to appeal such. decision to the Cit~
Council, a~d a noticed .public hearing de novo shall be conducted'
on such appeal b~ the C~ty Counci.1. "'
· ' The appeal shal~ be taken by filing,with:the~ City
~ Clerk a w~itten notice thereof' within ten (10) day~ from the-
granting 'o~ denial of design revi'ew by the Planning Commission.
The ~otice o~ appeal shall be s~gned by t~e appellant-and shall
set Y~rt~ all'of the grounds for the appeal, And shall be accom-
panied by .a filing ~fe~ to-cover the administrative cost cf
handling the a~ea~l. Upon receipt of a notice of app~a.1 and
filing fee, the Cl~y Clerk shall set the appeal for. hearing before.
{he City Council at it~ next regular meetin~ that falls not less
· than ten (10)~days~after the date of filin~ the notice of appeal.
~,.. f-.~ ~ f '/.~'¢, . ~ ~ ;".!:' .' ~.,j
3ive notie 'of the'appeal in ghe' s me manner
as provided in Section 5 of ghis Ordinance..,.,
: ~he git~ ebuncil ~ay affirm, reverse or modify the
decisio~ 'of the Planning Commission, and may refer ~he matter-back
to the Planning Commission for further action. as may be :directed
by the City Cduncil..
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'~" ' ~"' Sectio~ 8: gxcepeiohS-. -,-
· h~s Ordinance shall not apply to any main or accessory
str~eture to be coDstr~cted in'an BC-RD distrie.t~'or.any one-family
detached main structure to be constructed on a-slEe having an
average grade in excess of ten percent (l'0%)'as calculated. in.
accordance with,the ~rov~sions 0f Section 13.9-2 ~). of Ordinance
NS-60, nor shall thi'~ Ordinancelapply to the issuance of'conv~r-
.sion permits pursuant to ~ection ~6.15 of Ordinance NSr~. .This
OrdinanCe=s~ll not. b~ de~med~to have ·revoked or~o~ified any
existing procedure~ and requirements for site apprOval~ design
review and building permits for structures to be constructed in
an HC-RD district, or on sites having an aVerage'grade in excess
of ~en percent (10%]~ or any existing pr6cedures and requirements
for.~.issuance of cohvers~on permits.
SeCtion 9: Proceedings 'Affected.~ ", " '~
During the period thils'Ordinance i~ ~n effect, the
processing of any application for a building permit for the
~onstruction of a maln or accessory structure to which thi~
Ordinances.applies shall be suspended until the applicant shall
bav~ ~eceived design'approval pursuan~ ~o the requirements of
dfn c'e .' ~ ...... ' '
Section 10: Effective Period of Interim M6ratorium.
This Ordinance shall be of no fdrther force and effect
four-(4) months from the da~e of adoption'hereof. However, this
Ordinance may be'extended 'in the manner provi~edjinGovernment
Code Section 65858 for additional periods of time.
SectiOn 1.1: Urgency. of Taking Effect.
This O~dinance is an'urgency 6rdinance and is for the'
immediate. preservation of the public health, safety and Welfare
by ·prohibiting·thj Construction oE i~provements which may be'mn
conflict with'contemplated changes in th~ zoning laws which the
Cit~ C~dnci.l 'i~t~nds ~o stU~ ~nd adopt within a reasonable time.
ThiS'Ordinance is' enacted pursuant to Gover~m~nt~Code SeCtion
Section 12: Partial Inval'idity.
If, any'~sectlon!~ subsection, sentence clause or phrase
of this Ordinance is for any reason held by a court of competent
juri'~ction to be invalid, su6h decision shall not affect the
validity of. the remaining portions'of this Ordinance. The City
CQu~cil ofI~he.City"of Saratog~ hereby declares that it would
have passed this Ordinahce'and each section, subsection, sentence,
clause and phra~ thereof, irrespective of the fact that one or
more sections, subsections, sentences, clauses or phras~s may
be held i'nvalid or unconstitutional. t
SectiOn 13: Effective Date. -
This Ordinance takes effect i~mediately upon its
passage and adoption.
The fo'regoing Ordinance was introduced and adopted at
a regular meeting of the city council of the City of Saratoga
.heldTon '~'e ~rd day of'September,-1980, by' the following vote,.
which v~ote constitutes no less 'than a four-fifths (4/5) vote
of the ~nti~re City Council of the Cit~ of Saratoga.
AYES, and in'favor thereof, Councilmembers: Clev~nger, Jensen,
Mallory, WatsOn, Mayor Callon.
NOES, Councilmembers: None.
ABSENT: Councilmembers: None.
ATTEST:
~ "The above and foretiDing is a true and correct
F which has
~ copy of O;'rUnancs ;~-=/& been
.' c ~ : - ' , :: :' '~eputy Cit~' Clerk . Date
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