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HomeMy WebLinkAboutOrdinance 379 - Code 15-13.040 Hillside ZoningORDINANCE NO.379 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING CITY CODE SECTION 15-13.040 CONCERNING CONDITIONAL USES IN THE HILLSIDE RESIDENTIAL ZONING DISTRICT The City Council of the City of Saratoga finds that: 1. The City Code of the City of Saratoga requires periodic updates to reflects changes in law, provide clarification to the community, and provide for improved customer service and administration of City business. 2. As part of the 2018 update the City Council referred certain amendments to the Planning Commission and the Planning Commission held a hearing on those amendments on November 14, 2018 and made recommendations to the City Council. One Planning Commission recommendation was inadvertently omitted from the ordinance adopted by the City Council. That recommendation is the subject of this ordinance. 3. The City Council of the City of Saratoga held a duly noticed public hearing on May 5, 2021, and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance and waived the reading thereof. Therefore, the City Council of the City of Saratoga hereby ordains as follows: Section 1. Adoption. The Saratoga City Code is hereby amended as set forth below. Text added to existing provisions is shown in bold double -underlined text exam le . 15-13.040 - Conditional uses. The following conditional uses may be allowed in the HR district, upon the granting of a use permit pursuant to Article 15-55 or Article 15-56 of this Chapter. The conditional uses listed in subsections ht (k), (1), (m), and (n) of this Section may be permitted, provided the uses do not create major traffic or noise impacts and are found to be compatible with the immediately surrounding area: (a) Accessory structures and uses located on the same site as a conditional use. (b) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks and transmission lines: (c) Recreational courts, to be used solely by persons resident on the site and their guests. (d) Boarding stables and community stables, subject to the regulations prescribed in Section 7-20.220 of this Code. Ordinance Amending Section 15-13.040- Page 1 (e) Model homes utilized in connection with the sale of new single-family dwellings in a subdivision, located upon a lot within the same subdivision or, in the discretion of the Planning Commission, upon a lot within another subdivision developed by the applicant, for such period of time as determined by the Planning Commission, not to exceed an initial term of one year and not exceeding a term of one year for each extension thereof. (f) Stables and corrals for the keeping for private use of more than two horses on a site. The minimum net site area for each horse shall be forty thousand square feet, except that in the equestrian zone only, one additional horse may be permitted for each forty thousand square feet of net site area. All horses shall be subject to the regulations and license provisions set forth in Section 7-20.220 of this Code. (g) Plant nurseries, excluding sales of items other than plant materials. (h) Wineries. (i) Cluster development in accordance with Section 15-13.060(c). 0) Community facilities. (k) Institutional facilities. (1) Police and fire stations and other public buildings, structures and facilities. (m) Religious and charitable institutions. (n) Nursing homes and day care facilities. Section 2. 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. Section 3. California Environmental Quality Act The proposed amendment to the City Code is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3). CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance the amendment to the City Code would have no impact on the environment. Section 4. Publication. A summary of this ordinance shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. Ordinance Amending Section 15-13.040- Page 2 Following a duly noticed public hearing the foregoing ordinance was introduced at the regular meeting of the City Council of the City of Saratoga held on the 5th day of May, 2021 and was adopted by the following vote on May 19, 2021. COUNCIL MEMBERS: AYES: Mayor Yan Zhao, Vice Mayor Tina Walia, Council Members Mary -Lynne Bernald, Kookie Fitzsimmons, Rishi Kumar NOES: ABSENT: ABSTAIN: SIGNED: Yan Zhao MAYOR, CITY OF SARATOGA, CALIFORNIA AT QST. DATE: ?� Z e retschneider CITY CLERK APPROVED AS TO FORM: Richard Taylor, CITY ATTORNEY DATE: , 2 c3 Z l Ordinance Amending Section 15-13.040- Page 3 of SARql)O CITY OF SARATOGA ORDINANCE CERTIFICATE 1956 - -- c40FORN�P STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) CERTIFIED COPY OF ORDINANCE CITY OF SARATOGA ) ADOPTION I, Debbie Bretschneider, City Clerk for the City of Saratoga in said County of Santa Clara, and State of California, do hereby certify that the attached is a true and correct copy of Ordinance No. 379, adopted by the Saratoga City Council on May 19, 2021 by the following vote: AYES: Zhao, Walia, Kumar, Fitzsimmons, Bernald NOES: ABSTAIN: ABSENT: Ordinance I hereby further certify that a summary of the ordinance was published Summary in accordance with Government Code Section 36933 on the following date: April 23, 2021, May 14, 2021, and May 28, 2021. Said ordinance shall be effective June 19, 2021. ❑ Ordinance I hereby further certify that the full text of the ordinance was published Full Text in accordance with Government Code Section 36933 on the Said ordinance shall be effective Dated this 2nd day of June 2021. 2 ebbie Bretschneider, CIVIC, City Clerk