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HomeMy WebLinkAboutOrdinance 246ORDINANCE 246 AN ORDINANCE AMENDING CHAPTER 15 OF THE SARATOGA CITY CODE REGARDING COMPLIANCE WITH CONDITIONS OF DESIGN REVIEW APPROVAL THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declares as follows: A. On September 27, 2006, the Planning Commission conducted a noticed public hearing at which all interested persons had an opportunity to be heard to consider amending Chapters 15 of the City Code to require compliance with conditions of approval imposed through the design review process following completion of the work that was the subject of the design review approval application. The Commission recommended that the City Council adopt an ordinance making such amendment; and B. On October 4, 2006, the City Council conducted a noticed public hearing at which all interested persons had an opportunity to be heard to consider the recommendations of the Planning Commission. The City Council accepted the recommendation of the Planning Commission subject to an amendment providing for the recordation of permit conditions. Section 2. Adoption. A. Section 15-45.120 is added to the City Code as follows: § 15-45.120 Compliance with and Recordation of Conditions of Approval. All conditions attached to an approval pursuant to this Article which are identified as permanent or for which a term is specified shall run with the land and apply to the landowner's successors in interest for such time period. No approval pursuant to this Article shall take effect until a certificate of approval documenting all applicable conditions has been recorded by the applicant with the Santa Clara County Recorder's Office in form and content acceptable to the Community Development Director. Notwithstanding the foregoing, conditions may be modified pursuant to Section 15-80.120 and a certificate of modification recorded. B. Section 15-46.070 is added to the City Code as follows: § 15-46.070 Compliance with and Recordation of Conditions of Approval. All conditions attached to an approval pursuant to this Article which are identified as permanent or for which a term is specified shall run with the land and apply to the landowner's successors in interest for such time period. No approval pursuant to this Article shall take effect until a certificate of approval documenting all applicable conditions has been recorded by the applicant with the Santa Clara County Recorder's Office in form and content acceptable to the Community Development Director. Notwithstanding the foregoing, conditions may be modified pursuant to Section 15-80.120 and a certificate of modification recorded. C. Section 15-80.120 is added to the City Code as follows: 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 be consistent with conditions of approval attached to the prior design review approval which are identified as permanent, or for which a term is specified, for such specified time period unless those conditions have been modified as set forth below: For the period of time between November 22, 2004 and November 22, 2006, all conditions of approval shall be deemed to have been identified as permanent. (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 maybe 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 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 refereed 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- 45.060 or 15.46 if such change results in any material change to the project or any adverse impact upon the surrounding azea; 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 any other provision of the City Code or recorded conditions of approval, the Community Development Director may authorize a modification of a condition of a design review approval to allow 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. The Community Development Director may make a determination that a change is minor after becoming awaze 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. Changes which the Community Development Director may determine to be minor may include, but aze not limited to: (1) Addition or removal of accessory structures that aze 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 appeazance of the structure from that shown in the design review approval; and (4) Construction of fences or walls permitted by the Saratoga City Code. Section 3. California Environmental Quality Act. Pursuant to the California Environmental Quality Act ("CEQA"), this action is exempt under 14 Califomia Code of Regulations ("CEQA Guidelines") section 15308 (the amendments are exempt because they assure maintenance, restoration, enhancement, or protection of the environment) and CEQA Guidelines section 15061(b)(3) (the amendments are exempt because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment). Section 4. Severance Clause. The City Council declazes that each section, sub-section, pazagraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, sentence, clause and phrase of this ordinance. If any section, sub- section, pazagraph, sub-paragraph, sentence, clause and phrase aze 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 declazes its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 5. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Sazatoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regulaz meeting of the City Council of the City of Saratoga held on the 4th day of October, 2006, and was adopted by the following vote following a second reading on the 18th day of October, 2006: COUNCIL AYES: Councilmembers Kathleen King, Nick Streit, Ann Waltonsmith, Vice Mayor Aileen Kao, Mayor Norman Kline NAYS: None ABSENT: None ABSTAIN: None SIGNED: y ,/~ ~~~ ~. S~'"~~' i MAY OFT ITY OF SARATOGA SARATOGA, CALIFORNIA ATTEST: CLERK OF -I (71TY OF SARATOGA SARATO A. ALIFORNIA APPROVED AS TO FORM: RICHARD TAYLOR, CITY ATTORNEY