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HomeMy WebLinkAbout71.184 ORDINANCE NO. 7 1-164 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING SECTION 14-25.050, ADDING SECTIONS 14-25.065, 15-06.525, 15-45.045, 15-46.035 AND REPEALING SECTION 15-06.575 TO THE MUNICIPAL CODE OF THE CITY OF SARATOGA ESTABLISHING CREEK PROTECTION EASEMENT AND SETBACK REQUIREMENTS The City Council of the City of Saratoga does hereby ordain as follows: SECTION I. Section 14-25.050(b) of the Code of the City of Saratoga is hereby amended to read as follows: (b) Covenants for easements. In addition to any other method for the creation of an easement, easements for parldng, ingress, egress, emergency access, light and air access, landscaping, open space or creek protection purposes may be created by a written covenant for easement which complies with the requirements set forth in Section 15-80. 110 of the Zoning Ordinance." SECTION 2. Section 14-25.065 of the Code of the City of Saratoga is hereby added to read as follows: "Section 14-25.065 Creek Protection Easement. (a) Purpose, application. In order to provide for the future protection of creelcs, including creek banlos and riparian habitat, a Creek Protection Easement shall be required for any subdivision, lot, or parcel thereof which contains or abuts a Protected Creek as defined below. (b) Protected Creek defined. A Protected Creek is a creek identified in the most recently available Maps of Flood Control Facilities and Limits of 1% Flooding, prepared by the Santa Clara Valley Water District, as may be amended from time to time. (c) Location. The location of the easement shall be based on a Biotic Assessment identifying the Protected Creek, its banlos, and riparian habitat. The Biotic Assessment shall be prepared by a qualified professional and shall be recorded with the Final or Parcel Map. (d) Restrictions. Structures, improvements, ornamental landscaping, or fencing shall be prohibited within the easement, unless the Community Development Director determines that such will enhance the creek's condition by improving flood and/or erosion control or improving or protecting ripafian habitat." SECTION 3. Section 15-06.525 of the Code of the City of Saratoga is hereby added to read as follows: "Section 15-06.525 Protected Creek. ......... "P~6~e~ted~eek" mean~ ~ffy cr~e~, ia~nti~d 'in th~ ~6a' f~cently available Maps of Flood Control Facilities and Limits of 1% Flooding prepared by the Santa Clara Valley Water District, and as may be amended from time to time." SECTION 4. Section 15-06.575 of the Code of the City of Saratoga, Definition of Ripadan Corridor, is hereby repealed. SECTION 5. Section 15-45.045 of the Code of the City of Saratoga is hereby added to read as follows: "Section 15-45.045 Creek Protection Setbacks. (a) Purpose, application. Where a Protected Creek passes through or along a building site or is otherwise located on the site, and in order to provide for the future protection of creeks, including creek banks and riparian habitat, building setbacks for any new construction shall be measured from the top of the creek bank(s) on the site rather than from the property lines of the site. The required seLba_ck shall. be the mj_n_i__mu? .s_et_ba___ckprescribed for the _appli~c_a_bl_e_ zoning di.s~rict and shall not be required to be the greater lot-percentage based setback. (b) Existing structures. Any existing structures which encroach into the Creek Protection Setbacks shall be considered Nonconforming, and shall be regulated by Article 15-65, Nonconforming Uses and Structures. Any new additions to existing structures shall comply with the Creek Protection Setbacks. (c) Accessory structures. Accessory structures may be permitted within the Creek Protection Setbacks subject to compliance with the special rules as set forth in Section 15-80.030 of this Chapter. (d) Location of top of creek bank. The site plans for the proposed new construction shall show the location of the top of the Protected Creek bank. It shall be the applicant/property owner's responsibility to accurately determine the location of the top of the bank as defined in Section 15-06.185 of this Chapter. SECTION 6. Section 15-46.035 of the Code of the City of Saratoga is hereby added to read as follows: "Section 15-46.035 Creek Protection Setbacks. (a) Purpose, application. Where a Protected Creek passes through or along a building site or is otherwise located on the site, and in order to p_rovide for .. 'the future pro/~ection of creeks, including creek banks and'rip~n habitat, building setbacks for any new construction shall be measured from the top of the creek bank(s) on the site rather than from the property lines of the site. (b) Existing structures. Any existing structures which encroach into the Creek Protection Setbacks shall be considered Nonconforming, and shall be regulated by Artide15-65, Nonconforming Uses and Structures. Any new additions to existing structures shall comply with the Creek Protection Setbacks. (c) Accessory structures. Accessory structures for residential projects may be permitted within the Creek Protection Setbacks subject to compliance with the special rules as set forth in Section 15-8ff030 of this Chapter. Accessory structures for non-residential projects shall comply with the Creek Protection Setbacks. (d) Location of top of creek bank. The site plans for the proposed new construction shall show the location of the top of the Protected Creek bank. It shall be the app!icant/prgpe=rty, owner's responsibility to accur_at.ely determine the location of the top of the bank as defined in Section 15-06.185 of this Chapter. SECTION 7. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final 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 Saratoga held on the 1 ath day of -~p~,~mhe½998, by the following vote. AY~S:,~ouncilmembers Bogosian, Jacobs, Moran, Shaw~:~and Mayor Wolfe NOES: None Mayor ATTEST: City Clerk J:\WPDWiNKSWX273\OKD.98\CKEEICORD The above and foregoin's copy Of Ordinance .'_,~l_,n~.~a true and correct which has been published according to ~aw. ~Deputy City Clerk ~' Date 4