HomeMy WebLinkAbout71.10 ORDINANCE NO. 71.10
AN ORDINANCE OF THE CITY OF SARATOGA AMENDING
SECTIONS 15-56.810, 15-56,030 AND 15-56.07O OF THE
CITY CODE PERTAINING TO SECOND UNITS
The City Council of the City of Saratoga hereby ordains as follows:
SECTION h Section 15-56.010 in Chapter 15 of the City Code is amended to
read as follows:
"15-56.i)10 Statement of findings
The City recognizes that some of its existing housing resources could provide a
cost-effective method to deal with housing needs. However, there are
environmental and service constraints the City faces which limit the use of methods
such as adding second dwelling units. In particular, such units generally are not
appropriate on hillside lots since these lots usually have environmental constraints
on development, The use of second dwelling units is also limited by urban service
capacity, public safety standards, traffic conditions, fire hazards, privacy impacts
and compatibility with neighboring uses and structures. The limitation and control
of second units is therefore required in order to avoid excessive density and
development of single-family residential sites and to preserve and enhance aesthetic
qualities and property values, while being responsive to the housing needs of the
community. The following Article incorporates these limitations."
SECTION 2: Paragraph (a) of Section 15-56.030 in Chapter 15 of the City Code
is amended to read as follows:
"(a) The lot upon which the second unit will be created is located within an
A, R-i, HC-RD or NHR district; provided, however, no second units shall be
permitted on any lot which is smaller than the minimum site area prescribed for the
district wherein such lot is located, except a second unit established prior to
January 1, 1983, upon a lot legally created and constituting a part of the City as of
October 22, 1956, for which a use permit application is made pursuant to Section
15-56.110 of this Article."
SECTION 3: Paragraph (m) of Section 15-56.030 in Chapter 15 of the City Code
is amended to read as follows:
"(m) If the second unit is detached from the main dwelling, the lot upon which
the second unit is located must be at least 1.6 times the minimum net site area
prescribed for the district applicable to such lot. If the second unit is attached to
the main dwelling and upon a lot located within the R-l-10,000 district, the
minimum net site area of such lot shall be 12,500 square feet."
Rev. 10/30/86 -1-
SECTION 4: Paragraph (a) of Section 15-56~070 in Chapter 15 of the City Code
is amended to read as follows:
"(a) Not more than twenty use permits for second units may be granted
during any single calendar year and not more than five of such use permits may be
granted during any single calendar year for second units located within the
R-I-IO,O00 district. The City Council shall periodically review the impacts of
second units for which use permits are granted under this Article. Such review shall
be conducted annually or at such other interval of time as may be specified by the
Council. At each periodic review, the Council shah determine the limitation, if any,
on the number of use permits for second units to be granted until the next scheduled
review. The numerical limitation may be increased, decreased or retained by the
City Council, based upon its review of the impacts caused by the creation of new
second units and legalization of existing second units."
SECTION 5: 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 or
unconstitutional, 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 one or more sections, subsections,
sentences, clauses or phrases may be held invalid or unconstitutional.
SECTION 6: This Ordinance shall be in full force and effect thirty days after its
passage and adoption.
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 held on the 19th day of November , 1986, by the
following vote:
AYES: Councilmemkers Anderson, Peterson, and Mayor Hlava
NOES: Councilmembers Clevenger and Moyles
ABSENT: None
ABSTAIN: None
MAYOR
ATTEST:
tO law,
Deputy City Cierk" ' ~' ' Date
Rev. 10/30/86 -2-