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HomeMy WebLinkAbout3E-16 does ordai'n as follows:' That Interim Urgency Ordinance No. 3E-16 ,~"An o Interim Urgency-Ordinance of the City of Saratoga Impos'ing a Moratorium Upon the IssuanCe of Buildin~ Permits Without Prior ,Design Review for Certain Residential S't~uctu~es'Pending Review and Amendmeht of Height Limitations and Other Building Restri'ctions Pertaining ~hereto" ordained and addpted by the City Council on September 3, 1980, be and the same is hereby extended for an additional eight '(8)-months from the date of adoption hereof.. I, the unders~gned, h6re~y ~e~tify that the foregoing ordinance is a full, true a~d correct copy of Ordinance No. 3E-17 of the City of Saratoga entitled as above; that it was introduced on December 17, 1~80 and ad6pted by a fodr-fifths (4A5) vote of the Council 'on December' 17,-1980 ', 1980, as 'folloWs: AYES, and in favor thereof,--Councilmembers: Clevenger,'J~n~eh,'M~allory, Watson, ~d Mayor Callon NOES, Counc.ilmembers~ ~None LI~ ABSENT,' Coun~itm~mbers.: None _ ? . 'Acti~ cler~"~f tHe~C~'y'o~-'Sa~to~a ATTEST: The above and ~re~oing-is a true'and' correct col~ e~'O,,,-nan~ ~ w~ic'h has been ·., pubiishsd ~,c:cr~}ng te -2- ORDINANCE NO. 3E-16 AN INTERIM URGENCY ORDINANCE OF THE' CITY OF SARATOGA IMPOSINS A MORATORIUM UPON THE ISSUANCE OF BUILDING PERMITS~WITHOUT PRIOR DESIGN ,REVIEW FOR CERTAIN RESIDENTIAL STRUCtUrES PENDING RE'VIEW AND AMENDMENT OF HEIGHT LIMITATIONS AND OTHER BUILDING RESTRICTIONSPERTAINING THERETO The City Council of the City of Saratoga does hereby o'ra~infas,~61.{0~s:~ S~ction?l: Findings an'd De'cl'arati6n of'Intent. I't' is the pol.~Cy of the City of.Saratoga to 'restrict the construgtion of one-f~mily detached residential struCtUres under circumstances where such structures would constitute an invasion of privacy, unreasonable'interference with views, light and air, and create adverse impact'upon the aesthetic character of neighboring ~esidential structures. ~t is also the policy of the City of Saratoga topreserve natural topography, promote the "construction of energy efficient'residential structures, and to minimize the coverage o£ residential structures upoD buitdingI' sites. The City. Council finds that'effective implementation of these policies requires review and revision of existing zoning ordinahces regulating..the height and location of onesfamily detached ~ain structures,and accessory structures and revision- of the ~xisting procedures for design review of. such structures prior to the issuance of a building permit. The Cit~ CouDcil further finds that an urgency now exists for'impositioH of a moratorfum upon the issuance of building permits for certain structures without prior design review and phblic hearing thereon, and unless such a moratorium is declared, the presen% zoniDg ordinances codld allow the construction of one-family detached' main structures or accessory szructures which are not in accordance with the foregoing policies of the City of Saratoga. -1- It is the in~'ention of the City Council to study and review the ordinance in qdestion and to instruct the Planning Commission and the planning staff to submit to the City. Council withinca reasonable time their .recommendations as to the manner in. which such ordinances s~ould be reviewed. In order to insure .~bat the de~lared.policie's 6~ t~he. City~9~.~Saratoga are~not violated, and in order to p~otect the public safety, health an~ welfare, the CoUncil finds that it'ia-necessary to adopt the regu}ati~ns se~'forth in thfs O~dinance. Section 2=: Phrp~se. .The purpose of this Ordinance is to prohibit for a perfodo~ four (4) ~onths the issuance Of any building permit for~cons0truction of a one--family detached.~ain structure or '~ny accessory ~tructur~ in an'R-k district having a height in excess of twenty-two (22') without'prior design review and a noticed. public hearing ~he~e~ ~xcept as expressly permitted under Section 8 of this Ordinancel Se'ction'3: Definitions. i ..... I, . For purp6Se~'of this Ordinance, the terms "main structure" ~nd-"accessory structure" shall ha~ethe meanings as set forth in Section 1.~ of Ordinance NS-3'. Th& h~ig~t of a structure shall be measured verticall9 from the average eleva- tion of the-finished grade of ~hat portion of the site covered by the structure to the highest ~oint of the roofline; p~ovid~, however, that chimneys, flag~ol'es, radio and television aerials, and necessary mechanical appurtenances may be erected to a height not more th"an twenty-fiv~ feet (25') above the.highes~ point of. the ro6fline. Sect'ion 4: Prohibftion. No building permit shall be issued for the cohs~ruction Of a 'one-family detached main structure or any accessory'structure in an R-1 district, whare the proposed structure, will exceed -2- twenty-two f~et (22' in height, unless the design of the proposed structure shall have been approv~d by. th'e Planning CommiSsion following a =noticed publi'~'hearing thereon. Section 5: Notice.Of Public Hearing. NOtice of the pdbli~ hearing shall be given not less .~tha~ f.i~e (5) d~ys nor mor~ than.thirty .('30) days prio~ to the., date of the hearing by mail, postage prepaid, a notice of the' time and place 6f~the hearing to all persons whose names appear on,the latest ad~pted tax ~oll of Santa Clara County 'as 6wnlng. .property within five hundred feet'(500') of the boundaries of the property upon whidh 6he structure is to be-constructed. ~otice of the public hearing shall also be published in anews- paper havihg general circulation in the City of Saratoga not ~ater.~han ten (10) days prior to the date of the hearing. · Section 6: Kction by the Planning Commission. D~s~gn! Review by the Planning Commissioh, pursuant 'to this Ordinance, shall include consideration of the si'te~pian, grading plan, architecturaldeSign, and elevations and landscape plan f~r t~e' prop6s~d~ improvements. The Pl~nhing C0mmi~sion.shall be Iguided by the following criteria in rendering its decision: (a) The proposed structure shall not significantly impair the present or future ability or ah adjacent pro~er~y to utilize solar'energy. (b) IThe proposed structure shall not constitute an unreasonable invasion oflthe privacy of adjacent property owners. .(c) -T~e proposed st.ructure sh~ll no~ unreasonably interf0re with the views df adjacent properties. (d) The proposed structure shall m~nlmize disrupti?n to natural topoq~aphy, the natural drainage system, and existing g~tat~ (e) The proposed structure .sh~li not be out of. character .with the existinglstructdres of the neighborhood. -3- During the period this-Ordinance is in effect, the Planning-Commission ~ay be. g~i'ded by, but shall have the discre- tion to set aside, the'restrictions or requirements of.Section. 3.7-2 of Ordinance-NS-3, commonly known as the "Multi-~tory Ordinance." In the levent.of any conflict between this Ordinanbe ~nd th~ Mul~i~Stor~ 6r'dih~c~, the provisions Of this Ordinance shall be contrdlli-ng. '~Secti~'7: Appeal to=the Cit~ Council'. Upon ~he granting or deniA~fof~design 'approval by the Planning Commission, either the applicaht or any other interested person-shallhave~the right to appeal such. decision to the Cit~ Council, a~d a noticed .public hearing de novo shall be conducted' on such appeal b~ the C~ty Counci.1. "' · ' The appeal shal~ be taken by filing,with:the~ City ~ Clerk a w~itten notice thereof' within ten (10) day~ from the- granting 'o~ denial of design revi'ew by the Planning Commission. The ~otice o~ appeal shall be s~gned by t~e appellant-and shall set Y~rt~ all'of the grounds for the appeal, And shall be accom- panied by .a filing ~fe~ to-cover the administrative cost cf handling the a~ea~l. Upon receipt of a notice of app~a.1 and filing fee, the Cl~y Clerk shall set the appeal for. hearing before. {he City Council at it~ next regular meetin~ that falls not less · than ten (10)~days~after the date of filin~ the notice of appeal. ~,.. f-.~ ~ f '/.~'¢, . ~ ~ ;".!:' .' ~.,j 3ive notie 'of the'appeal in ghe' s me manner as provided in Section 5 of ghis Ordinance..,., : ~he git~ ebuncil ~ay affirm, reverse or modify the decisio~ 'of the Planning Commission, and may refer ~he matter-back to the Planning Commission for further action. as may be :directed by the City Cduncil.. - -: 2 ............... ': '~" ' ~"' Sectio~ 8: gxcepeiohS-. -,- · h~s Ordinance shall not apply to any main or accessory str~eture to be coDstr~cted in'an BC-RD distrie.t~'or.any one-family detached main structure to be constructed on a-slEe having an average grade in excess of ten percent (l'0%)'as calculated. in. accordance with,the ~rov~sions 0f Section 13.9-2 ~). of Ordinance NS-60, nor shall thi'~ Ordinancelapply to the issuance of'conv~r- .sion permits pursuant to ~ection ~6.15 of Ordinance NSr~. .This OrdinanCe=s~ll not. b~ de~med~to have ·revoked or~o~ified any existing procedure~ and requirements for site apprOval~ design review and building permits for structures to be constructed in an HC-RD district, or on sites having an aVerage'grade in excess of ~en percent (10%]~ or any existing pr6cedures and requirements for.~.issuance of cohvers~on permits. SeCtion 9: Proceedings 'Affected.~ ", " '~ During the period thils'Ordinance i~ ~n effect, the processing of any application for a building permit for the ~onstruction of a maln or accessory structure to which thi~ Ordinances.applies shall be suspended until the applicant shall bav~ ~eceived design'approval pursuan~ ~o the requirements of dfn c'e .' ~ ...... ' ' Section 10: Effective Period of Interim M6ratorium. This Ordinance shall be of no fdrther force and effect four-(4) months from the da~e of adoption'hereof. However, this Ordinance may be'extended 'in the manner provi~edjinGovernment Code Section 65858 for additional periods of time. SectiOn 1.1: Urgency. of Taking Effect. This O~dinance is an'urgency 6rdinance and is for the' immediate. preservation of the public health, safety and Welfare by ·prohibiting·thj Construction oE i~provements which may be'mn conflict with'contemplated changes in th~ zoning laws which the Cit~ C~dnci.l 'i~t~nds ~o stU~ ~nd adopt within a reasonable time. ThiS'Ordinance is' enacted pursuant to Gover~m~nt~Code SeCtion Section 12: Partial Inval'idity. If, any'~sectlon!~ subsection, sentence clause or phrase of this Ordinance is for any reason held by a court of competent juri'~ction to be invalid, su6h decision shall not affect the validity of. the remaining portions'of this Ordinance. The City CQu~cil ofI~he.City"of Saratog~ hereby declares that it would have passed this Ordinahce'and each section, subsection, sentence, clause and phra~ thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phras~s may be held i'nvalid or unconstitutional. t SectiOn 13: Effective Date. - This Ordinance takes effect i~mediately upon its passage and adoption. The fo'regoing Ordinance was introduced and adopted at a regular meeting of the city council of the City of Saratoga .heldTon '~'e ~rd day of'September,-1980, by' the following vote,. which v~ote constitutes no less 'than a four-fifths (4/5) vote of the ~nti~re City Council of the Cit~ of Saratoga. AYES, and in'favor thereof, Councilmembers: Clev~nger, Jensen, Mallory, WatsOn, Mayor Callon. NOES, Councilmembers: None. ABSENT: Councilmembers: None. ATTEST: ~ "The above and foretiDing is a true and correct F which has ~ copy of O;'rUnancs ;~-=/& been .' c ~ : - ' , :: :' '~eputy Cit~' Clerk . Date -6-