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HomeMy WebLinkAbout71.86 ORDINANCE NO. 7 L 86 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING .' SUBSECTION 15-29.010(a) CONCERNING FENCE HEIGHT; AMENDING SECTION 15-45.030 CONCERNING DESIGN REVIEW; AMENDING SUBSECTIONS 15-50.060(d) AND 15- 50.120 CONCERNING TREE REMOVAL: AMENDING SECTION 15-80.010 CONCERNING EXCEPTIONS TO YARD REQUIREMENTS; AND AMENDING SUBSECTION 15- 80.030(b) CONCERNING SETBACKS FOR SWIMMING POOLS The City Council of the City of Saratoga hereby ordains as follows: ~'~.-~- SECTION h Paragraph (a) of Section 15-29.010 in Article 15-29 of the City ~-~.c - Code is amended to read as follows: "(a) General regulation. Except as otherwise specified in this Article, no fence or wall shah exceed six feet in height." SECTION 2: A new paragraph (f) is added to Section 15-45.030 in Article 15-45 of the City Code, to read as follows: "(f) Exclusion of certain enclosed areas. The Planning Commission may exclude from the gross floor area of a structure any enclosed balcony or enclosed area underneath any exterior deck or balcony, if the Commission determines that such enclosed balcony or area is a necessary or beneficial part of the architectural design and does not contribute to the perceived mass or bulk of the structure, and if the Commission is still able to make all of the findings prescribed in Section 15- 45.080 of this Article." .? SECTION 3: Paragraph (d) of Section 15-50.060 in Article 15-50 of the City Code is amended to read as follows: "(d) Project spprovaL Where removal of a tree has been authorized as part of any project approval granted under this Chapter or Chapter 14 of this Code, no permit pursuant to this Article shall be required for removal of such tree; provided, however, such tree shall not be removed until the issuance of a building or grading permit for the improvements which are the subject of the appr6val." SECTION 4: Section 15-50.120 in Article 15-50 of the City Code is amended to read as follows: Rev. 10/17/90 -1- "~15-50.120 Violations; penalties The violation of any provision contained in this Article is hereby declared to be unlawful and shall constitute an infraction and a public nuisance, subject to the penalties as prescribed in Chapter 3 of this Code. In addition thereto, any person unlawfully removing or destroying any tree without a permit shall be penalized as follows: (a) Replacing the unlawfully removed tree with one or more new trees which, in the opinion of the Planning Director, will provide equivalent aesthetic quality in terms of size, height, location, appearance and other characteristics of the unlawfully removed tree. (b) Where replacement trees will not provide equivalent aesthetic quality because of the size, age, or other characteristics of the unlawfully removed tree, the Planning Director shall calculate the value of the removed tree in accordance with the latest edition of the Guide For Establishing Values of Trees and Other Plants, as prepared by the Council of Tree and Landscape Appraisers. Upon the determination of such value, the Planning Director may require either a cash payment to the City, or the planting of replacement trees as designated by the Planning Director, or any combination thereof, in accordance with the following: (1) To the extent that a cash payment is required for any portion or all of the value of the removed tree, such payment shall be doubled to reflect the estimated installation costs that would be incurred if replacement trees are planted; and (2) To the extent that the planting of replacement trees is required, the retail cost of such trees, as shown by documentary evidence satisfactory to the Planning Director, shall be offset against the value of the removed tree, but no credit shall be given for transportation, installation, maintenance and other costs incidental to the planting and care of the replacement trees. (e) Any person who is required to plant replacement trees pursuant to Paragraphs (a) or (b) of this Section shall permanently maintain such trees in a good and healthy condition, as determined by the Planning Director. Such person shall execute a maintenance agreement with the City which shall be recorded in the office of the County Recorder. (d) The violation of any provision contained in the Article during the conduct by any person of a tree removal, landscaping, construction or other business in the City shall constitute grounds for revocation of any business license issued to such person." SECTION 5: Section 15-80.010 in Article 15-80 of the City Code is amended to read as follows: "~15-80.010 Exceptions to yard requirements (a) Architectural features, including sills, chimneys, weather vanes, cornices Rev. 10/17/90 -2- and caves may extend into a required side yard not more than three feet or into a space between structures on the same site not more than eighteen inches, and may extend into a required front or rear yard not more than four feet. (b) Above-ground balconies, porches, decks, platforms, stairways and landing places, which are open, unenelosed, uncovered and no part of which is more than four feet above finish grade, may extend into a required yard or space between buildings not more than four feet. (e) Open, unenelosed and uncovered walks, driveways, parking areas, decks, platforms and patios, which are not above finish grade, and fences, walls, hedges and retaining walls, may be constructed within any required yard, subject to other applicable limitations prescribed by this Chapter. (d) Bay windows, having no foundation or other connection to the surface of the ground directly below, may overhang and extend into any required yard for a distance not exceeding two feet." SECTION 6: Paragraph (b) of Section 15-80.030 in Article 15-80 of the City Code is amended to read as follows: "(b) Swimming pools. No swimming pool or accessory mechanical equipment shall be located in any required front, side or rear yard, except as follows: (1) A swimming pool and accessory mechanical equipment may be located within a required rear yard, but no closer than six feet from any property line. Any portion of such swimming pool that is located outside of the rear yard shall comply with the side yard requirements for the site. (2) If the required minimum side yard is more than ten feet, accessory mechanical equipment may be located within such side yard, but no closer than ten feet from the side yard property line." SECTION T: 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 8: This Ordinance shall be in full force and effect thirty days after its passage and adoption. Rev. 10/17/90 -3- 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 7th day of Nnv~mh~r , 1990, by the following vote: AYES: Councilmembers Anderson, Clevenger, Kohler, Monia, and Mayor Stutzman NOES: None ABSENT: None MAYOR ATTEST: CITY CLERK The above and foregoino is a true and correct _C~y Oi Ordinance 71,~ _ which has been p~ o ~ to Rev. 10/17/90 -4-