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HomeMy WebLinkAboutOrdinance 244ORDINANCE 244 AN ORDINANCE AMENDING SECTIONS 15-12.160 AND 15-95.030(b) AND ADDING SECTION 15-06.535 OF THE SARATOGA CITY CODE RELATING TO STORAGE OF PERSONAL PROPERTY AND MATERIALS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Adoption. The Saratoga City Code is amended as set forth below. Text to be added is indicated in bold double-underlined font (e.g, bold double-underlined) and text to be deleted is indicated in strikeout font (e.g., strikeout). Text in standard font remains unchanged by this ordinance. Ellipsis ("****") indicate existing text within a section of the section being amended that is not reprinted in this ordinance and that is not amended by this ordinance. A. Section 15-12.160 of the Saratoga City Code is amended to read as follows: 15-12.160 Storage of personal property and materials. (a) Unenclosed storage of personal property is not permitted in axy~-l- ~ district; as provided in sub ection (bl b low. (b) Unenclosed storaee of personal property is permitted in this district in anv area other than lale i~ portion of any required front yard, and rv ~°-motion-~ any required exterior side or rear yard of corner lots, axd rear yards of double frontage lots nimproved parcel or anv unimnrov d right- f-way of anv n ~blic tr Pt in which storaee is prohibited. ,,,, ~ °s herd. °'~°- ~ .:a°a °~-°~~ In those e stored so lone as uch ctora e i not for any period of time in excess of five consecutive days n not in excess of a total of 18 day in anv cal ndar v ar be-used fn- ~~-° °.,..~,...°a ......-,.,.° °r ,. „r .,.° c n or example. if multiple it m b fisted in subsections (11 throueh (51 below ar ctnrvd rnnrnrrP rlo in th prohibit d r or five consecutive day uch tora P shall cnnctitntP a total of five dw f h 8 davs allowed per calendar vear On the oth r hand if for a _~ h r stored for four consecutive davs and cnhcPnnPntlo a ryrraatinnal vah' ~ t d for ree consecutive davs. such tors a hall con titute a tnral of yen day of the 18 avs allowed per calendar vear. There shall he at least 15 ca~Pndar davs CP etween anv such uses in consecutive calendar v ar No it m prohibited hot i e ion from additional time of tora a may be c ored on cnrh it or yard ~nl in omnliance with subsection (cl of thi ection or o rcnant to a temporary ctnraaP permit issued pursuant to subsection tdl of this Rection. (1) Motor vehicles, except this section does not limit storaee of automobiles in fully operational condition and currently registered and licensed for operation on public highways and in normal daily use by the occupants of the site. (2) Recreational vehicles and trailers of any kind or make. Camper units detached from the truck or other motor vehicle for which they are designed or customarily used shall be considered trailers for the purpose of this Section. (3) Boats. (4) Parts of any of the items of property described in (1), (2) or (3) of this subsection. (5) Building or construction materials, except this section does not limit stora¢e 4f those materials reasonably required for work under construction on the premises pursuant to a valid and effective building permit issued in accord with Chapter 16 of this Code or for work ac to which no building Hermit is reauired and which involves storaee for no more than 30 davs. In the event e buildin~osrmit is for new construction or remodelline affective more than fif v percent of either the floor area or the exterior walls Section 16- 75.050 shall avvly. (~ , .~.:,~~_ - F 1 rl. C a ...~ •1. e.. -e .ea ~L..,11 .,..r ray ,.r~~~.,~ro« (c) The items of property described in subsection (b) of this Section may be stored in exterior side and rear yards of corner lots and rear yards of double frontage lots for periods in excess of five consecutive days or a total of 18 davs in any calendar vear where a fence has been legally constructed and/or a comvac+ Qverar n hed a or other evergreen screenine has been legally installed of °~•r~~~ at least six feet in height and of a type which screens the stored property from public view and reasonably prevents such property from becoming a nuisance. (d) The Community Development Director shall have authority, in cases of practical difficulty or hardship, to grant temporary permits for storage of the items of property described in subsection (b) of this Section in front, side or rear yards of sites for limited periods of time in excess of five_consecutive days or in excess of 18 davs yer calendar ~I. Application for such storage permits shall be in writing, on forms furnished by the City and shall include a site plan showinE the area of the requested storaee a~ Any permit issued pursuant thereto shall be in writing, shall describe the personal property to be stored, and the location and time limit of the storage. The Community Development Director may impose reasonable conditions in any such storage permit, which shall be agreed to in writing on the face of the permit by the applicant prior to the permit being issued. o such ne '+ may cause the calendar vear limit to be exceeded by more than an additional 14 davs unless at least ten davs before a decision on the 1' at'nn is made nntisa has been eiven to all owners of nroverty within 300 feet of the varcel on which the storage is vronosed. The Community De~Ptovment Director shall also have the authority for good cause to reduce thereoaration between uses in consecutive calendar years or allow continued temporary storaee while an annlicatinn nr anneallS Dendlne. (e) For purposes of this Section, the term "unenclosed storage" means storage of items which are not completely enclosed within a structure or completely screened from public 2 view by a permanent solid fence or wall which structure, fence or wall has been constructed or installed in accordance with Chapter 15 of this Code. B. Section 15-95.030(b) of the Saratoga City Code is amended as follows: 15-95.030 Storage of personal property and materials. s**r (b) The violation of any of the following regulations contained in this Chapter is hereby declared to be unlawful and shall constitute an infraction and a public nuisance subject to the ies fines ouni hment or penalties as prescribed in Chapter 3 of this Code fall of which are ~mntativeL• +*** (3) Regulations concerning the storage of personal property and materials, as set forth in Sections 15-12.160, 15-13.160, 15-17.160 and 15-80.060, subject to the provisions of Article 9-55 and/or Articles 3-15 and 3-20 C. Section 15-06.535 is added to the Saratoga City Code to read as follows: 15-06 535 Recreational vehicle ecreational vehicle" mean anv vehi 1 need fnr rPrrPatinn an_d dr h nation for recreational emer n v or Oth r ncrnnanrv and not inrl ~dino na r vehicles. Section 2. California Environmental Quality Act Pursuant to the California Environmental Quality Act, this action is exempt under CEQA Guidelines Section 15308 (the amendment is exempt because it assures the maintenance, restoration, enhancement, or protection of the environment) and CEQA Guidelines Section 15061(b)(3) (where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA). Section 3. Clarification of Existing Law. Except for deleting Section (b)(6) in Section A and for Sections B and C, this proposed ordinance will merely clarify language in the City Code relating to the storage ofpersonal property and vehicles. The proposed clarifications would not cause a change in existing law. This ordinance would instead clarify and reconfirm existing law. 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 19th day of July, 2006, and was adopted by the following vote following a second reading on the 2d day of August, 2006: COUNCIL MEMBERS: AYES: Councilmembers Kathleen King, Nick Streit, Ann Waltonsmith, Vice Mayor Aileen Kao, Mayor Norman Kline NAYS: None ABSENT: None ABSTAIN: MAYOR OF TFfx~ Saratoga, California ATTEST: CLERK OF Saratoga, C~ APPROVED AS TO ~. SARATOGA SARATOGA `.~ __'_~ Richazd Taylor, CITY ATTORNEY 4