HomeMy WebLinkAboutOrdinance 211 - review of sound walls
ORDINANCE 211
AN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF SARATOGA
AMENDING ARTICLE 15-19.020 (f) (4) TO PROVIDE
AESTHITIC REVIEW OF REQUIRED SOUND WALLS
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
Section l.
Findings.
The City Council finds and declares as following:
A. The Planning Commission has conducted a public hearing to consider an amendment to
the zoning code with respect to authorizing the Community Development Director to
review and approve the material and aesthetic qualities of required sound wall
authorized pursuant to article 15.19. 020 (f) (4).
B. The adoption of an ordinance that requires that the commercial property owner submit
to the Community Development Director a color and materials board.
Section 2.
Adoption.
Section 15-19.020 (t) (4) is hereby amended to read as follows:
"15-19.020 (f) Screening, Landscaping and fencing
(4) Notwithstanding any other provision contained in this subsection (t),
the Community Development Director or the Planning Commission may require the
installation of a solid fence or wall up to eight feet in height along any property line
that abuts a residential district, upon a determination that such fence or wall is
necessary to mitigate noise or other adverse impacts of the commercial activity upon
the residential use. In the case of an existing commercial development, such fence or
wall shall be installed within sixty days after the requirement is imposed by the
Planning Director or the Planning Commission, unless a longer period of time is
allowed by the Director or the Commission by reason of extenuating circumstances,
including, but not limited to, the installation cost of the new fence or wall, or the
value of any existing fence or wall to be demolished, or the cost of removing any
existing fence or wall. The design, color and materials of the fence or wall shall be
subject to approval by the Community Development Director, based upon a finding
that the design, color and materials of the fence or wall will not adversely affect
contiguous properties.~
Section 3.
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, sentence, clause and phrase of this ordinance. If any section, sub-
section, paragraph, sub-paragraph, sentence, clause and phrase are 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 tills ordinance should remain in effect after the invalid portion has
been eliminated.
Section 4.
Publication.
This ordinance or a comprehensive summary thereof shall be published in a newspaper of
general circulation of the City of Saratoga within fifteen days after its adoption.
The foregoing ordinance was introduced and read at the regular meeting of the City
Council of the City of Saratoga held on the 2nd day of October, 2002, and was adopted by
the following vote following a second reading on the 16th day of October, 2002:
AYES:
Councilmembers Stan Bogosian,John Mehaffey, Ann Waltonsmith,
Vice Mayor Evan Baker, Mayor Nick Streit
NOES: None
ABSENT: None
ABSTAIN: None
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NICK STRÈ:fF;-Mf\YOR
i\TTEST:
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CATHÚE...fþJBOÝER, CITY CLERK
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APPROVED AS TO FORM:
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RICHARD TAYLOR, CITY ATTORNEY