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HomeMy WebLinkAbout71.140 ORDINA/~CE NO. 71-140 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA REPEALING ARTICLE 9-65; AND ADDING ARTICLE 9-65 ESTABLISHING A HILLSIDE STREET REPAIR FEE TO FINANCE FUTURE STREET REPAIR IN THE HR ZONING DISTRICT The city Council of the City of Saratoga finds and determines as follows: A. At a special election ordered consolidated with the general election held on April 8, 1980, the voters of the City of Saratoga adopted an initiative ordinance co~umonly known as Measure "A" entitled "An Initiative Ordinance Directing Preparation of a Specific Plan for Preservation of the Rural Character of the Northwest Hillsides of the City of Saratoga and Imposing a Moratorium on Development Pending Completion of said Plan." B. Pursuant to the requirements of Measure "A" and the provisions of the California Government Code, Sections 65500 et seq., on June 2, 1981, the City Council adopted the "Specific Plan for the Northwest Hillsides of the City of Saratoga" ("Specific Plan"). C. The area covered by Measure "A" and the Specific Plan is designated in the City's zoning ordinance as the "HR District" (formerly "NHR District"). D. Conditions have changed in the Northwest Hillsides since the adoption of the Specific Plan and more particularly, the construction of the SW-NE Road will not accomplish the goals intended by the Specific Plan and is no longer necessary or desirable; D. Measure A recognized that the maintenance of streets and storm drains of new development in the Northwest Hillsides posed financial risks for the City, because of steep slopes, potential landsliding and other geotechnical hazards, and provided that some form of special assessment districts be formed within new subdivisions to contribute toward the maintenance of the streets and to fully fund storm drains required by said developments. F. The Specific Plan policies and action programs reflect the intent of Measure A as described above. G. Pursuant to policies and action programs set forth in the Specific Plan, the City Council desires to establish a mechanism for collecting and setting-aside funds to help reduce 1 the financial risks to the City for extraordinary (beyond ordinary and anticipated) repair and maintenance of streets and storm drains created by new hillside development. H. The financial ability of the City to maintain and cause extraordinary repair of new streets and storm drains in the hillsides will directly benefit future residents in the HR District. The occupants of each new dwelling unit will derive the same benefit from the City's ability to repair and maintain new hillside streets and storm drains and it is therefore equitable to allocate the cost of the future extraordinary repair on an equal basis. I. The City of Saratoga has customarily required developers to contribute toward the cost of public improvements necessitated by the direct or cumulative impact of each development. The establishment of a Hillside Street Repair Fee to finance the construction of extraordinary repair and maintenance of new hillside streets and storm drains in the HR District (except for repair of damage resulting from an event for which a presidential declaration of a state of emergency or major disaster for an area which encompasses the City of Saratoga has been issued) is consistent with the Saratoga General Plan, the Specific Plan and the established practices of the City. NOW, THEREFORE, the City Council of the City of Saratoga does ordain as follows: Section 1. Article 9-65 is hereby repealed. Section 2. Article 9-65 is hereby added to the Code of the City of Saratoga to read as follows: "Article 9-65 HILLSIDE STREET REPAIR FEE Section 9-65.010 Imposition and Payment A Hillside Street Repair Fee in the amount of Two Thousand Five Hundred Seventeen Dollars ($2,517.00) is imposed upon each new residential dwelling unit to be constructed in the HR Zoning District. The fee shall be paid in full at the time a building permit is issued or in the case of new residential dwelling units within a newly developed subdivision, prior to the time an offer of dedication of the roads in said subdivision as public streets is accepted. Except pursuant to a building permit issued prior to the effective date of this Ordinance, no person may begin construction of any new dwelling unit within the HR Zoning District unless the Hillside Street Repair Fee has been paid. Section 9-65.020 Exemptions. The Hillside Street Repair Fee shall not apply to any of the 2 following: (a) Reconstruction, remodeling, expansion, rehabilitation or replacement of an existing dwelling unit. (b) Construction of accessary structures, as defined in Section 15-06.670(b) of the Saratoga Zoning Ordinance. (c) Second units for which a use permit is issued pursuant to Article 16-56 of the Saratoga Zoning Ordinance. Section 9-65.030 Creation of Fund and Use of Proceeds. All fees collected under this Article shall be deposited into a special fund entitled "Hillside Street Repair Fund." The fund, including any interest earned thereon, shall be used exclusively to offset the direct and incidental cost of repairs beyond ordinary and anticipated maintenance and repair of hillside streets the dedication of which is accepted subsequent to or conditioned upon, the adoption of this Article; provided, however, the fund shall not be used to repair damage resulting from an event for which a presidential declaration of a state of emergency or major disaster for an area which encompasses the City of Saratoga, has been issued. Section 9-65.040 Annual Adjustment of Fee. The Hillside Street Repair Fee set forth in Section 9- 65.010 shall be increased as of April 1st each year by the percentage of any increase in the CalTrans Highway Index above the level of such Index on April 1, 1994. Section 9-65.050 Refunds. The Hillside Street Repair Fee shall be refunded on application of the fee payer if it is shown to the satisfaction of the City Manager that any building permit for which the fee has been collected has been cancelled or surrendered without construction of any improvements thereunder. Section 9-65.060 Operative Date. The Hillside Street Repair Fee is applicable to all subdivision and development approvals and all building permits for construction of dwelling units within the HR Zoning District issued on or after July 15, 1994. Section 2. Partial Invalidity. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent 3 jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be substantially declared invalid or unconstitutional. Section 3. Effective Date. This Ordinance shall be in full force and effect thirty (30) days from the date of its final passage and adoption. Passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 15th day of 3une , 1994, by the following vote: AYES: Councilmembers Anderson, Burger, Kohler, and Mayor Tucker NOES: None ABSENT: C0unci]member M0nia ~X0R ATTEST: ITY CLEPd( ~/ Ma~ 26, ].99~ mnrsw\273\ord\hillside. fee - The above and foregoing i a true and correct copy of Ordinance ~--J~l.tO~ which has been p.b,isbe.. cc0r..ng ,0 ,aw. 4 ~_~__~er~k', ~'~ / Dante -