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HomeMy WebLinkAbout04 DR Urgency Ordinance233-B (Proposed 10-5-05)ORDINANCE NO. 233-B AN INTERIM ORDINANCE EXTENDING A MORATORIUM ON DEVELOPMENT OR WORK INCONSISTENT WITH A PRIOR DESIGN REVIEW APPROVAL AND DECLARING THE SAME TO BE AN URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declares as follows: a. The City of Saratoga requires design review approval of certain new and significantly remodeled structures to ensure that the design does not constitute an invasion of privacy, unreasonably interfere with views, light or air, or create adverse impacts upon the aesthetic character of neighboring residential structures. b. Beginning in 2004 the City of Saratoga adopted a policy requiring extensive neighborhood consultation as part of the design review process. As part of this consultation, project designs are often changed with elements being added, removed, or modified in response to neighborhood concerns and to ensure that new development occurs in a manner which is consistent with the objectives of the Zoning Ordinance and the policies of the General Plan. c. The Saratoga City Code requires compliance with all design review approved plans and conditions of approval during construction of the structure that triggered the requirement for design review approval. The Code does not require compliance with those conditions, however, after construction of that structure has been completed and final approval executed by the Building Official. While the Zoning Ordinance requires design review approval of major future changes to a site, the Zoning Ordinance does not regulate future minor changes (such as addition of a small structure or changes in paint color, roofing materials, or landscaping) that could be inconsistent with conditions imposed or plans approved as part of the design review process. d. Because conditions and plan approvals are imposed to protect privacy, avoid unreasonable interference with views, light or air, and to avoid adverse impacts upon the aesthetic character of neighboring residential structures, future additions of, or changes to, a structure or the site that are inconsistent with design review conditions or approved plans could have an adverse effect on community privacy, views, light, air, and the aesthetic character of neighboring residential structures. e. The City Council has directed staff to prepare amendments to the City Code address these issues. Page 1 of 5 f. Establishment of new or modified structures, impervious surfaces, or landscaping (including changes to finish contours of the site as shown on the approved plans) that are inconsistent with a prior design review approval during the time the City staff is studying the best approach to amending the City Code could result in conflicts with any regulations that might ultimately be adopted. g. For the reasons stated herein, during the term of this Interim Ordinance, the establishment of new or modified structures, impervious surfaces, or landscaping (including changes to finish contours of the site as shown on the approved plans) that are inconsistent with a prior design review approval poses a current and immediate threat to public health, safety, and welfare. h. This Ordinance is not a project subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378, subdivision (b). In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in section 15061, subdivision (b) (3) of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that it may have a significant effect on the environment. The purpose of this Ordinance is to prohibit on an interim basis, establishment of new or modified structures, impervious surfaces, or landscaping (including changes to natural contours of the site) that are inconsistent with prior design review approvals which may be otherwise permissible under existing policies. The Ordinance will not create a change in the environment because it maintains the status quo. Section 2. Adoption of Regulation. The following interim regulation is hereby adopted. This regulation shall prevail over any conflicting provisions of the Saratoga City Code or the other ordinances, resolutions, policies, and regulations of the City of Saratoga: For any parcel containing a structure that has been the subject of design review approval pursuant to Articles 15-45 or 15-46 of the Saratoga City Code and that has received final approval from the Building Official executed on or after January 1, 2004, all new or modified structures, impervious surfaces, or landscaping (including changes to finish contours of the site as shown on the approved plans) built, installed, or otherwise implemented after 9:00 a.m. November 22, 2004 must have been authorized by the prior design review approval unless that approval has been modified as follows: (a) Where the modification does not result in any exterior change to a structure or material change to an approved site plan, and does not otherwise violate or change any development condition relating to the project, the modification may be approved by the Building Official. (b) Where the modification involves any change to a condition imposed, or plans approved, pursuant to a prior design review approval, the modification shall be subject to approval by the Planning Commission if the prior design review was Page 2 of 5 processed pursuant to Article 15-46 or 15-45.060 and subject to approval by the Community Development Director if the prior design review approval was processed pursuant to Article 15-45.065. (c) Any modification which is not described in either subsection (a) or subsection (b) of this Section shall be referred to the Community Development Director, for disposition as follows: (1) The change to a condition imposed, or plans approved, pursuant to a prior design review approval, shall be subject to approval by the Community Development Director, if the prior approval was processed pursuant to Article 15-45.065. (2) The change to a condition imposed, or plans approved, pursuant to a prior design review approval, shall be subject to approval by the Planning Commission, if the prior approval was processed pursuant to Article 15-46 or 15.46.060 if such change results in any material change to the project or any adverse impact upon the surrounding area; otherwise, the change may be approved by the Community Development Director. A material change shall include, but is not limited to, any ascertainable change in the size, height or elevations of a structure or its placement upon the site; any change in the approved elevation of a building pad; any ascertainable change in the location or design of access roads, driveways or parking areas; or any change in a specific requirement of an approved grading plan, drainage plan, erosion control plan or landscape plan. (d) Notwithstanding the foregoing, this section shall not apply to new or modified structures, impervious surfaces, or landscaping (including changes to finish contours of the site as shown on the approved plans) that the Community Development Director determines in writing to be a minor change from the prior design review approval. Changes which the Community Development Director may determine to be minor may include, but are not limited to: (1) Addition or removal of accessory structures that are not visible from the street (such as swimming pools, decks, and gazebos) and that do not remove landscaping features intended to serve as screening; (2) Landscaping changes that are not visible from the street (such as replacing lawn with trees or shrubs) and that do not remove landscaping features intended to serve as screening; (3) Changes in the paint used on the exterior of the structure that will not during the life of the structure substantially change the appearance of the structure from that shown in the design review approval; and (4) Construction of fences or walls permitted by the Saratoga City Code. Page 3 of 5 The Community Development Director may make a determination that a change is minor after becoming aware of the change or the proposed change. If the Community Development Director does not determine a change to be minor, such change shall qualify as a violation of the City Code unless there has been compliance with this Section. Section 3. Interim Urgency Ordinance. Based upon the findings set forth in Section 1, above, this is an Interim Urgency Ordinance adopted pursuant to Government Code section 65858, and pursuant to the authority granted to the City of Saratoga in Article 11, Section 7 of the California Constitution. This Ordinance shall therefore take effect immediately upon adoption. This moratorium was initially adopted by the City Council on November 22, 2004, then extended to November 20, 2005 and is further extend by this urgency ordinance until November 20, 2006 unless repealed prior to that time by the City Council. Section 4. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this Ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this Ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this Ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this Ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this Ordinance should remain in effect after the invalid portion has been eliminated. This interim Ordinance was passed and adopted at a special meeting of the City Council of the City of Saratoga on October 5, 2005 and adopted by at least a four-fifths (4/5) vote of the City Council as follows: COUNCIL MEMBERS: AYES: NAYS: ABESNT: ABSTAIN: Page 4 of 5 SIGNED: ATTEST: _________________________________ _____________________________ Kathleen M. King Cathleen Boyer MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF SARATOGA Saratoga, California Saratoga, California APPROVED AS TO FORM: ____________________________________ Richard Taylor, City Attorney Page 5 of 5