HomeMy WebLinkAbout71.184 ORDINANCE NO. 7 1-164
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING SECTION 14-25.050, ADDING SECTIONS 14-25.065, 15-06.525,
15-45.045, 15-46.035 AND REPEALING SECTION 15-06.575 TO THE
MUNICIPAL CODE OF THE CITY OF SARATOGA ESTABLISHING CREEK
PROTECTION EASEMENT AND SETBACK REQUIREMENTS
The City Council of the City of Saratoga does hereby ordain as follows:
SECTION I. Section 14-25.050(b) of the Code of the City of Saratoga
is hereby amended to read as follows:
(b) Covenants for easements. In addition to any other method for
the creation of an easement, easements for parldng, ingress, egress, emergency access,
light and air access, landscaping, open space or creek protection purposes may be
created by a written covenant for easement which complies with the requirements set
forth in Section 15-80. 110 of the Zoning Ordinance."
SECTION 2. Section 14-25.065 of the Code of the City of Saratoga is hereby
added to read as follows:
"Section 14-25.065 Creek Protection Easement.
(a) Purpose, application. In order to provide for the future
protection of creelcs, including creek banlos and riparian habitat, a Creek Protection
Easement shall be required for any subdivision, lot, or parcel thereof which contains
or abuts a Protected Creek as defined below.
(b) Protected Creek defined. A Protected Creek is a creek identified
in the most recently available Maps of Flood Control Facilities and Limits of 1%
Flooding, prepared by the Santa Clara Valley Water District, as may be amended
from time to time.
(c) Location. The location of the easement shall be based on a Biotic
Assessment identifying the Protected Creek, its banlos, and riparian habitat. The
Biotic Assessment shall be prepared by a qualified professional and shall be recorded
with the Final or Parcel Map.
(d) Restrictions. Structures, improvements, ornamental landscaping,
or fencing shall be prohibited within the easement, unless the Community
Development Director determines that such will enhance the creek's condition by
improving flood and/or erosion control or improving or protecting ripafian habitat."
SECTION 3. Section 15-06.525 of the Code of the City of Saratoga is hereby
added to read as follows:
"Section 15-06.525 Protected Creek.
......... "P~6~e~ted~eek" mean~ ~ffy cr~e~, ia~nti~d 'in th~ ~6a' f~cently
available Maps of Flood Control Facilities and Limits of 1% Flooding prepared by the
Santa Clara Valley Water District, and as may be amended from time to time."
SECTION 4. Section 15-06.575 of the Code of the City of Saratoga,
Definition of Ripadan Corridor, is hereby repealed.
SECTION 5. Section 15-45.045 of the Code of the City of Saratoga is hereby
added to read as follows:
"Section 15-45.045 Creek Protection Setbacks.
(a) Purpose, application. Where a Protected Creek passes through or
along a building site or is otherwise located on the site, and in order to provide for
the future protection of creeks, including creek banks and riparian habitat, building
setbacks for any new construction shall be measured from the top of the creek
bank(s) on the site rather than from the property lines of the site. The required
seLba_ck shall. be the mj_n_i__mu? .s_et_ba___ckprescribed for the _appli~c_a_bl_e_ zoning di.s~rict
and shall not be required to be the greater lot-percentage based setback.
(b) Existing structures. Any existing structures which encroach into
the Creek Protection Setbacks shall be considered Nonconforming, and shall be
regulated by Article 15-65, Nonconforming Uses and Structures. Any new additions
to existing structures shall comply with the Creek Protection Setbacks.
(c) Accessory structures. Accessory structures may be permitted
within the Creek Protection Setbacks subject to compliance with the special rules as
set forth in Section 15-80.030 of this Chapter.
(d) Location of top of creek bank. The site plans for the proposed
new construction shall show the location of the top of the Protected Creek bank. It
shall be the applicant/property owner's responsibility to accurately determine the
location of the top of the bank as defined in Section 15-06.185 of this Chapter.
SECTION 6. Section 15-46.035 of the Code of the City of Saratoga is hereby
added to read as follows:
"Section 15-46.035 Creek Protection Setbacks.
(a) Purpose, application. Where a Protected Creek passes through or
along a building site or is otherwise located on the site, and in order to p_rovide for ..
'the future pro/~ection of creeks, including creek banks and'rip~n habitat, building
setbacks for any new construction shall be measured from the top of the creek
bank(s) on the site rather than from the property lines of the site.
(b) Existing structures. Any existing structures which encroach into
the Creek Protection Setbacks shall be considered Nonconforming, and shall be
regulated by Artide15-65, Nonconforming Uses and Structures. Any new additions
to existing structures shall comply with the Creek Protection Setbacks.
(c) Accessory structures. Accessory structures for residential projects
may be permitted within the Creek Protection Setbacks subject to compliance with
the special rules as set forth in Section 15-8ff030 of this Chapter. Accessory
structures for non-residential projects shall comply with the Creek Protection
Setbacks.
(d) Location of top of creek bank. The site plans for the proposed
new construction shall show the location of the top of the Protected Creek bank. It
shall be the app!icant/prgpe=rty, owner's responsibility to accur_at.ely determine the
location of the top of the bank as defined in Section 15-06.185 of this Chapter.
SECTION 7. EFFECTIVE DATE. This ordinance shall go into effect and
be in full force and operation from and after thirty (30) days after its final 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 Saratoga held on the 1 ath day of -~p~,~mhe½998, by the
following vote.
AY~S:,~ouncilmembers Bogosian, Jacobs, Moran, Shaw~:~and Mayor Wolfe
NOES: None
Mayor
ATTEST:
City Clerk
J:\WPDWiNKSWX273\OKD.98\CKEEICORD
The above and foregoin's
copy Of Ordinance .'_,~l_,n~.~a true and correct
which has been
published according to ~aw.
~Deputy City Clerk ~' Date
4