HomeMy WebLinkAbout71.74 ORDINANCE NO. Yl. 74
AN ORDINANCE OF THE CITY OF SARATOGA
AMENDING SECTION 15-29.020 OF THE CITY
CODE CONCERNING FENCING WITHIN HILLSIDE
DISTRICTS
The City Council of the City of Saratoga hereby ordains as follows:
SECTION 1: Paragraph (c) of Section 15-29.020 in Article 15-29 of the City
Code is amended to read as follows:
"(c) Area of enclosure. Except for fencing around recreational courts and
fencing which constitutes part of a corral, no fencing on a single site shall
encompass or enclose an area in excess of four thousand square feet (excluding the
area of any pool) unless approved by the Planning Commission, which approval may
be granted in any of the following cases:
(1) Where the Planning Commission finds and determines that the
visibility of the fence from public streets and adjacent properties
will substantially be reduced by the topography, landscaping or
other features of the site.
(2) Where the Planning Commission finds and determines that the
fence is required for safety reasons.
(3) Where an exemption from the restriction against fencing enclosure
has been granted by the Planning Commission for a "designated
neighborhood area," as hereinafter defined, in response to a
petition for such exemption signed by the owners of lots comprising
not less than sixty percent of the designated area. Before granting
such exemption, the Planning Commission shall conduct a public
hearing on the petition, with notice thereof sent by mail at least
ten days prior to the date of the hearing to all persons owning
property located within the designated neighborhood area and
within 500 feet from the boundaries of such area. As a condition
for granting an exemption, the Planning Commission may establish
alternative rules concerning the enclosure of sites in the
designated neighborhood area, including, but not limited to, rules
pertaining to the amount of enclosure, the design and type of
fencing, and mitigation of visual impacts; PROVIDED, however, in
no event shall such rules permit enclosure of more than sixty
percent of the gross site area, or the installation of any solid
fences or walls, or use of any fencing material having exposed
sharp points, or the installation of any fencing within an area
dedicated as open space.
Eev. 4/4/90 -1-
The term "designated neighborhood area," as used in Subparagraph (3) above, means
a geographic portion of a hillside zoning district, as designated by the Planning
Commission, consisting of not less than ten lots which are contiguous to each other.
Lots which are separated only by a street shall be considered contiguous. If a
petition for exemption is presented by owners of any lots shown on a recorded
subdivision or tract map, the Planning Commission may, in its discretion, require
that all of the lots shown on such map be included within the designated
neighborhood area. Additional contiguous lots may be annexed to an existing
designated neighborhood area upon application by the property owner and approval
by the Planning Director, based upon his determination that the additional lot has
similar topography, visibility, or other features shared by the lots within the
designated neighborhood area."
SECTION 2: 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 3: 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 of the City of Saratoga held on the 18th day of
April , 1990, by the following vote:
AYES: Councilmembers Anderson, MDyles, Peterson, Stutanan and Mayor Clevenger
NOES: None
ABSENT: None
MAYOR ~
ATTEST:
CITY CLERK~
e s a true and correct
r which has been
published according to law.
Rev. 4/4/90 -2- ,