HomeMy WebLinkAboutOrdinance 382 - nonflammable 5 foot landscape buffer in WUIORDINANCE NO.382
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SARATOGA AMENDING ARTICLE 15-45 OF THE CITY CODE
(SINGLE FAMILY DWELING DESIGN REVIEW)
The City Council of the City of Saratoga finds that:
Findings:
1. This ordinance amends Article 15-45 of the Saratoga City Code — Design Review:
Single Family Dwelling. These amendments were considered by the Planning
Commission of the City of Saratoga at a duly noticed public hearing on
September 8, 2021. Following consideration of all testimony and written
materials, the Planning Commission recommended that the City Council adopt the
amendments to Chapter 15 set forth herein.
2. The City Council of the City of Saratoga held a duly noticed public hearing on
October 6, 2021, and after considering all testimony and written materials
provided in connection with that hearing introduced this ordinance and waived the
reading thereof and adopted the ordinance on October 20, 2021.
Therefore, the City Council hereby ordains as follows:
Section 1. Adoption.
Section 15-45 (Design Review: Single Family Dwelling) of the Saratoga City Code is
amended as set forth in Exhibit A.
Section 2. 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, paragraph, sub -paragraph, sentence, clause, and phrase of this
ordinance. If any section, sub -section, paragraph, sub -paragraph, sentence, clause, or
phrase of this ordinance is 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 this
ordinance should remain in effect after the invalid portion has been eliminated.
Section 3. California Environmental Quality Act
The proposed ordinance is categorically exempt from the California Environmental
Quality Act (CEQA) in that the activity in question will not have a significant effect on
the environment. Pursuant to CEQA Guideline Section 15061, it can be seen with
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Page 2
certainty that there is no possibility that the activity in question may have a significant
effect on the environment, and pursuant to CEQA Guideline Section 15304(b) and
15304(i), the Code changes will result in minor alterations to landscaping and
management of fuel. CEQA applies only to projects which have the potential of causing
a significant effect on the environment.
Section 4. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the
City of Saratoga within fifteen days after its adoption.
Following a duly noticed public hearing the foregoing ordinance was introduced at the
regular meeting of the City Council of the City of Saratoga held on the 6th day of October
2021 and was adopted by the following vote on October 20, 2021.
PASSED AND ADOPTED by the City of Saratoga City Council on this 20th day of
October 2021 by the following vote:
AYES: Council Members Bernald, Fitzsimmons, Kumar, Vice Mayor Walia, Mayor
Zhao
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Lle��- LAJ
Britt Avrit, MMC
CITY CLERK
APPROVED AS TO FORM:
SIGNED:
Yan Zhao
MAYOR, CITY OF SARATOGA, CALIFORNIA
DATE: %/- %�— ` d
DATE:
Richard Taylor
CITY ATTORNEY
Ordinance 382
Page 3
Exhibit A — Updates to Article 15-45 (Single Family Dwelling Design Review)
The provisions of the Saratoga Municipal Code set forth below are amended or adopted
as follows:
Text added to existing provisions is shown in bold double -underlined text (ex m le and
text to be deleted is shown in strikethrough (fie). Text in italics is explanatory and
is not an amendment to the Code except in cases where it directs renumbering of
subsections not otherwise amended
15-45.080 - Design review findings.
The Planning Commission shall not grant design review approval unless it is able to
make the following findings. These findings are in addition to and not a substitute for
compliance with all other Zoning Regulations (which constitute the minimum
requirements, as provided in City Code Section 15-05.050).
(a) Site development follows the natural contours of the site, minimizes grading,
and is appropriate given the property's natural constraints.
(b) All protected trees shall be preserved, as provided in Article 15-50 (Tree
Regulations). If constraints exist on the property, the number of protected trees,
heritage trees, and native trees approved for removal shall be reduced to an
absolute minimum. Removal of any smaller oak trees deemed to be in good
health by the City Arborist shall be minimized using the criteria set forth
in Section 15-50.080.
(c) The height of the structure, its location on the site, and its architectural elements
are designed to avoid unreasonable impacts to the privacy of adjoining
properties and to community viewsheds.
(d) The overall mass and the height of the structure, and its architectural elements
are in scale with the structure itself and with the neighborhood.
(e) The landscape design minimizes hardscape in the front setback area, _ and
contains elements that are complementary to the neighborhood streetscape. and.
for sites located within the Wildland Urban Interface Area. includes a five-
foot -wide nonflammable buffer around the perimeter of all structures.
(f) Development of the site does not unreasonably impair the ability of adjoining
properties to utilize solar energy.
(g� The design of the structure and the site development plan is consistent with the
Residential Design Handbook, pursuant to Section 15-45.055.
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(h) On hillside lots, the location and the design of the structure avoid unreasonable
impacts to ridgelines, significant hillside features, community viewsheds, and is
in compliance with Section 15-13.100.
*** End of Amendments ***