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HomeMy WebLinkAbout71.110 ORDINANCE NO. 71. ~0 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING ARTICLE 15-29 CONCERNING FENCES AND WALL8 ALONG HERITAGE IJ&NE8 The City Council of the City of Saratoga hereby ordains as follows: SECTION 1: Section 15-29.060 is hereby added to Article 15-29 to read as follows: ~5--29.060 Fences adjacent heritage lanes In addition to the regulations set forth in Section 15-29.010 of this Article, fences adjacent to a designated Heritage Lane shall comply with the following requirements: (a) Fence permit. No person shall construct any fence or wall which faces and is located within fifty feet from the right- of-way of a designated Heritage Lane, and which exceeds three feet in height, without first obtaining a fence permit from the Planning Director. Application for such permit shall be submitted and processed in the manner provided in Article 13- 20 of the City Code. If the Heritage Commission recommends issuance, the Planning Director shall issue the permit in accordance with those recommendations and any condition related but not limited to the design standards set forth in subsections (c), (d), (e) and (f) of this Section and pursuant to the process prescribed in Article 13-20. (b) Supporting data. The level of details of the supporting data required by Section 13-20.030, shall be determined by the Planning Director to allow adequate review of the proposed fence or wall. (c) Setback. No fence or wall which exceeds three feet in height shall be constructed within the required yard fronting a Heritage Lane. This minimum setback may be required to be increased to a maximum of fifty feet upon the finding that such increased setback is necessary to preserve the historic qualities of the Heritage Lane. (d) Color, material and design. Fences or walls adjacent to the Heritage Lane may be constructed of wood, stone, masonry, wrought iron or similar material. The design, color and materials of the fence or wall shall be approved based upon a finding that the fence or wall will not adversely affect the historic qualities of the lane and will be compatible with the design and materials of existing buildings on the site and structures on adjacent properties. (e) Height. The height of any fence or wall adjacent to the Heritage Lane shall comply with the regulations set forth in Section 15-29,010 of the City Code. (f) Landscaping. The applicant shall landscape and maintain an area within the right-of-way, parallel to and along the entire length of the exterior side of a fence or wall in excess of three feet in height and facing the Heritage Lane, in accordance with a landscape plan approved by the Planning Director. Such landscape plan shall provide for the planting of trees and vegetation that are native to the area and require little or no maintenance. The landscape plan may be approved by the Planning Director upon the finding that the proposed landscaping will effectively blend the fence with its environment and enhance the visual appearance of the lane. (g) Exemption. This Section shall not apply to a fence lawfully constructed prior to (date of adoption), if such fence does not create a safety hazard for vehicular, pedestrian or bicycle traffic and does not obstruct the safe access to or from adjacent properties; and provided further, that upon the destruction or removal of more than one-half of the length of such nonconforming fence, any replacement fence shall comply with the permit requirement and restrictions specified in this Section. SECTION 2: Paragraph (a) of Section 15-29.030 of the City Code is hereby amended to read as follows: "(a) For the purpose of noise mitigation, a fence exceeding the height otherwise prescribed in this Article as the limit for such fence may be located within any required yard abutting Prospect Road, Saratoga/Sunnyvale Road, Quito Road, the portion of Saratoga Avenue between Fruitvale Avenue and Lawrence Expressway or the portion of Cox Avenue between Saratoga-Sunnyvale Road and Saratoga Avenue, upon the issuance by the Planning Director of a fence permit and subject to the following provisions:" SECTION 3: 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 section, subsection, sentence, clause or phrase may be held invalid or unconstitutional. SECTION 4: This Ordinance shall be in full force and effect thirty (3) 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 of the City of Saratoga held on the 16th day of September , 1992, by the following vote: AYES: Councilmembers Burger, Kohler, Monia, Tucker and Mayor Anderson NOES: None ABSENT: None Mayor ATTEST: ' City Cle~k~ george\fnceord The above and foregoing is a true and correct copy of Ordinance '-71,1/0 which has been publi~ard~n,g to law, D'~u~y City Clerk d,~