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HomeMy WebLinkAboutNS-3.44 ' ORDINANCE NS-3,44 .... : 'AN ORDINANCE OF .~E CITY OF ~SAR~TOG~'.t "' . · ' 'AMENDING ORDINANCE NS-3,' THE. ZONING -- ._c -- ORDINANCE, BY PROVIDING FOR .OPEN HOUSE '. '. -SIGNS IN RESIDENTIAL ZONING DISTRICTS J,:'-~- - The'City Council 6f the Cityof Saratoga does:hereby o~dain as~f611ows': ........ :"c - "' Section l:":'..Subsecti~n .(d)'of'Sec~'ion 10,2=.is h~reby ~ ' amended to read"I'as f~llows: "' -- ~d)' All'sig~S, d~tdoor.ad~ertising str~tur~-, and:displays shall-.be:l'o~at~d~oh th~=~a~e ~ite ~s they, {denti~fy 'o~~ ad~ertis~."ekc~pti~sub'dfv±§idH - - ~igns a~,p'reS~ribed i~ Section. 10,8, =public interest r~i~ns' "'. as provided in Section i'0'.'r0~,,_a~d'~p~n hous,S,~g[~ -. provided in Sect~on 10',11. ' ~.~ '. ': ' " .Sect{on 2:". Se&tiOn 10:~lliis~hereby ad~ed.to".0rdinance-~ -, . ' ' ' ~.,'i~'~." ~'. ""~C ':" '- Zonin~ Districts, _ N6h-'illumin~ted, off-site, ~otab'le-sign~'. · dire~t{ng prospective customers-to ~he Iodation'of an open house which isfor sale'; are'permit[e~-'inl-any f ~ ' ._.. r'esi~ent{'~l z~ni~g ~istr~Ct, but limited..to ~o'more than two-double-faced signs.per interS'ection.~ No signs s~al'l "~"~ " Be .located i~ bike'.lanes, sidewalks, median' st~ip~"6r -...'-.'. . streets nor shall such-signs be..located ~ithin 70"-0~'. ~f ' ' ' ightrof a design .'f'. L ' t: .. ~he r iway line ~f , at~d,.~s'c~nic.-hig~w~y,' No sign shall haVe'Imore than one (1) 'square~fo6t of area,' nor "'~ shall be'eleVated more than four '(~)."~eet off bf th~'gro~n4~ and each open house ~ign shall contain no individual or -"~ company ad~ertisin~.-<'Owner identit~'shal~'be af~ixed.,t9 "' _th~.edg~of each s~gn..~nd~fs~a~l~not'f~xc~ed %" ~y:2".. ?~' 'i~'_~ ~ Sighs shall~be-fixed~'to a ~{~g'ie pofe~of'.wood'or~.m~'~l"., material. Whenever any such s~gn ~s to be"'place~ on -. -private ~r0pe~, permission must,-first be. obtained lfrom. the owner of such property,-EaCh sign.-sh~l~ be~emdved" ~ each day aft&r closing. 6~ the open':house forthat day'.- -. -~ .. Section 3: ~. ~f a~y ~ection' sub~e~[ion, %entence, ~l~e ~'~'- or.~hrase' of this OrdinanCe is for.any reasOn'held'by a ~our~.Of - - competent .juriSdiCtion to be {nvalid sUch. de'cision shall not :.. 'affec~ the validity ~f the remaining port~gns of t~is Ordinance, .,~ The City Cbuncil of,t~e~Ci~y"df..Saratoga ~ereby declare~!tha~ it' .:I would have pas~ed~t~is Ordinance and each sectio~,,=-Subse~tion;.'.-v ~ _ sehtence, clause and p~r~'e ther~Of,.irre§Rec~ive 6~the, fact hha.t any one or.more '~ec~ions~ sub~'ect~ons, se~Eenc~s ctauseS~or ~ase~ '~- b~ held ihvalid or.unc~n'stitutional, - Section 4: T~is O~dinance shall:E~e effeCt=lthirtyI'(30) . days from'and after the'd~te 0~ Iits passage an~.~doption~,'and .~ha~f' remain in full force and effect for a period of 6ne (1) year thereafter at which time it shall become null and void. The ab6ve and foregging Ordinance,.aft~r~a pubricl-hea~ing" held thereon be~re ~ P'f~i~g Co~mi'ssi~'.o~ .~[e Ci~y'-of Sara.t,0ga on the 25tb d~y'of. J~n~,'%~b80, and'was,the~f.t~r~eguia~ly int~o=' duced and a public hearfng held the~eon'~on the' 20th day. o~ August, 1980~befo~e the'Ci~'y'.Council and there'after was p~ssed'and,adopted by said City Council on ~he 19th day 6f November ,,1~:86, by"qh~ following vone: AYES: 'Councilmembers Mallory and-Watson' and Mayo~ Callon NOES: Councilmembers Cievenger ahd- J~nsen ABSENT: None MAYOR ATTEST ., , ~CTING CITY - ': -.' The above and foregoing is a true and correct copy of Ordin~..,.~,,Lr~..-,,/-'which has boo, published acco,Jmg ~o ~a~v.' " ' - Deputy City Clerk ~ Date ~ -2- FULL TEXT OF PROPOSED ORDINANCE AN INITIATIVE ORDINANCE DIRECTING PREPARATION OF A SPECIFIC PLAN FOR PRESERVATION OF THE RURAL CHARACTER OF THE NORTHWEST HILLSIDES OF THE CITY OF SARATOGA AND IMPOSING A MORATORIUM ON DEVELOPMENT PENDING COMPLETION OF SAID PLAN. The People of the City of Saratoga do hereby ordain as follows: SECTION 1. FINDINGS, a. The citizens of Saratoga want to conserve the city's rural character, maintain public safety. preserve scenic beauty, avoid excessive traffic, and minimize excessive public costs. b. The Northwest Hillsides represent the major undeveloped area of the city, and the manner of their development is therefore critical. c. The 1974 General Plan recognizes potential problems in the NorRlwest Hillsides and therefore calls for the density of development to be tied to careful studies of such issues as geotechnicaI hazards and circulation. d. Development experience since 1974 indicates ~hat these problems ~ c~r~ssdur ably more serious than contemplated in 1974. Specilically: (1) The orlJy access to the area is Pierce Road, which is hazardous even at the present rate of traffic. Moreover, the only solutions to improwng access are to make expensive improvements to Pierce Road or to construct an alternative access road, both of whicb would involve undue cost and destrucbon of rural character. (2) Because of steep slopes, potential landsliding, and other ~eotechnical haz* ards, development at the maxinlunl densities allowed under presen~ zoning requires ex- cessive grading, unacceptable erosion, destruction of natural topography and degradation of natural drainage Systems, all contraq to the objectives of the General Plan. (3) Maintenance of streets and storm drains of new hillside development poses financial ris~s lor the city. e. To ensure that the goals oJ the 1974 Plan are met, a specific plan for the Noah- west Hillsides area must be prepared which protects the rural character of the area through substantially lower density and better Telationship between development and the land. Fu~hermore, interim controls on development must be imposed pending corn* pletion of the Specific Plan. SECTION 2. SUBJECT AREA. The area of the city affected by this ordinance (the "subject area") is shown on the map attached hereto as Exhibit "A", and includes all lands in the "HC-RD" zoning district noRh Of Congress Springs Road. al1 lands in the urban semite area noah of Congress Springs Road, and all other lands that must gain access by way of Pierce Road. SECTION 3. PREPARATION OF A SPECIFIC P~N. The City of Saratoga shall within one year from the effective date of this ordinance, Of as soon thereafter as feasible, complete a comprehensive ~eview of all development issues in the subject area and adopt a Specific Plan for the area pursuant to Caiiforma Government Code Sections 65450 65553, incorporating the standards set fo~h in Sec tion 4 below, and all policies and regulations required to implement Said Plan. SECTION 4, STANDARDS. The Plan shall incorporate the following standards, in addition to all others ~equired by law: a. Densi~. The Plan shall be fully r~sponsive to the policies and objectives of the city as embodied in the adopted General Plan, the physical conditions in the area. and the availability of public services and facilities needed by present and future inhabitants. To accomplish this the .Pian shall establish detailed population and dwelling unit holding capacities for the area as well as land use regulations consistent with such holding capacities. The Plan shall also establish that at a maximum. the density of all new residential development in the area shall not exceed that permitted under a "straight line" slope-density formula where a minimum of two acres per dwelling unit is required at O% average ground Slope and a minimum of ten acres per dwelling unit is required at 50% or greater average ground slope. Maximum densities shatl be decreased on a sliding scale in relation to severity of geotechnical hazards. b. Access and circulation. Pierce Road shall not be improved in any manner that will significantly alter the character of its corridor. Alternate access roads shall be con- sidered only if fully compatible with the goals of this ordinance, c. Prevention of Rural Chara~er. Regulations shall be established to ensure, to the fullest extent feasible, that all development: (1) Avoids geologic hazards; (2) Controls erosion; (3) Prese~es the natural drainage system. topography and natural creekside vegetation. d. Staging of Gro~h. Development shall be staged so that public se~ices and laci[ities are not ove~axed and noise levels are m~nimized. e. Street and Storm Drain Maintenance. Special assessment districts shall be formed within new subdivisions to Contribute toward the maintenance of the streets and to fully fund stornl drains required by said developments. SECTION 5. PUBLIC PARTICIPATION. Preparation of the Ptan shah involve full citizen input, as required by law, and shall include as a minimum the following: a. Appointment of a Citizens Advisory Committee that is fully representative of concerned citizens, pa~icularly those residing in and adjacent to the subject area. b. Presentation of all aspects of the Plan to tbe Committee tor review and com- ment prior to or concurrent with consideration by the Planmn~ Commission. SECTION 6. CONSISTENT ZONING. Tbe ordinances adopted under Section 3 hereof shall include but not be limited to zoning regulations in agreement with tbe Specific Plan, and upon adoption thereof no building or grading permits shall be issued for developments contrary to said zoning. SECTION 7. INTERIM RESTRICTIONS. Pending final completion of the requirements of Section 3, no zoning changes, land divisions. subdivisions. building or grading permits for construction of 'a new residence. or other land development approvals of any kind shall be issued in the sub- ject area. nor any applications accepted therefor; provided. that upon a showing of ex, treme hardship and in agreement with the provisions of this initiative, exceptions may be granted after two noticed public hearings by a 4/5's vote of the City Council. SECTION 8. SCOPE. No part of this ordinance shall apply to any lot that has received final approval two years or more prior to the effective date hereof. Subject only to the foregoing ex, coplion, this ordinance shall apply to every development to which it can constitutionally be applied, and shall therefore apply to all pending developments unless the property owner has, before the effective date of this ordinance. both obtained a final building permit and performed substantial work and incurred substantial liabilities in good-faith ,, reliance on said permit after obtaining it. SECTION 9. AMENDMENT. This ordinance may not be repealed or amended except by a vote of the people, However, once the Plan and implementing regulations have been adopted as required heroin, they may be amended by the usual statutory procedures, provided that any ., such amendment shall not vary from the standards and provisions of this initiative and the Community Planning Objectives in the 1974 General Plan. SECTION 10. SEVERABILITY, If any part of this ordinance is for any reason held invalid, tile remaining parts shall be considered severable and valid. If any section is invalid as applied to certain specific developments, it shall be held valid as to all deveopments as to which it can legally be applied.