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HomeMy WebLinkAbout71.74 ORDINANCE NO. Yl. 74 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING SECTION 15-29.020 OF THE CITY CODE CONCERNING FENCING WITHIN HILLSIDE DISTRICTS The City Council of the City of Saratoga hereby ordains as follows: SECTION 1: Paragraph (c) of Section 15-29.020 in Article 15-29 of the City Code is amended to read as follows: "(c) Area of enclosure. Except for fencing around recreational courts and fencing which constitutes part of a corral, no fencing on a single site shall encompass or enclose an area in excess of four thousand square feet (excluding the area of any pool) unless approved by the Planning Commission, which approval may be granted in any of the following cases: (1) Where the Planning Commission finds and determines that the visibility of the fence from public streets and adjacent properties will substantially be reduced by the topography, landscaping or other features of the site. (2) Where the Planning Commission finds and determines that the fence is required for safety reasons. (3) Where an exemption from the restriction against fencing enclosure has been granted by the Planning Commission for a "designated neighborhood area," as hereinafter defined, in response to a petition for such exemption signed by the owners of lots comprising not less than sixty percent of the designated area. Before granting such exemption, the Planning Commission shall conduct a public hearing on the petition, with notice thereof sent by mail at least ten days prior to the date of the hearing to all persons owning property located within the designated neighborhood area and within 500 feet from the boundaries of such area. As a condition for granting an exemption, the Planning Commission may establish alternative rules concerning the enclosure of sites in the designated neighborhood area, including, but not limited to, rules pertaining to the amount of enclosure, the design and type of fencing, and mitigation of visual impacts; PROVIDED, however, in no event shall such rules permit enclosure of more than sixty percent of the gross site area, or the installation of any solid fences or walls, or use of any fencing material having exposed sharp points, or the installation of any fencing within an area dedicated as open space. Eev. 4/4/90 -1- The term "designated neighborhood area," as used in Subparagraph (3) above, means a geographic portion of a hillside zoning district, as designated by the Planning Commission, consisting of not less than ten lots which are contiguous to each other. Lots which are separated only by a street shall be considered contiguous. If a petition for exemption is presented by owners of any lots shown on a recorded subdivision or tract map, the Planning Commission may, in its discretion, require that all of the lots shown on such map be included within the designated neighborhood area. Additional contiguous lots may be annexed to an existing designated neighborhood area upon application by the property owner and approval by the Planning Director, based upon his determination that the additional lot has similar topography, visibility, or other features shared by the lots within the designated neighborhood area." SECTION 2: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 3: This Ordinance shall be in full force and effect thirty days after its 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 the City of Saratoga held on the 18th day of April , 1990, by the following vote: AYES: Councilmembers Anderson, MDyles, Peterson, Stutanan and Mayor Clevenger NOES: None ABSENT: None MAYOR ~ ATTEST: CITY CLERK~ e s a true and correct r which has been published according to law. Rev. 4/4/90 -2- ,