Ordinance 2018-13

CITY OF SANTA CLARA

ORDINANCE 2018-13

ADOPTING A WATER IMPACT FEE FACILITIES PLAN & IMPACT FEE ANALYSIS DATED JUNE 2018; IMPOSING WATER SYSTEM IMPACT FEES; PROVIDING FOR THE CALCULATION AND COLLECTION OF SUCH FEES; PROVIDING FOR THE APPEAL, ACCOUNTING AND SEVERABILITY OF THE SAME; AND OTHER RELATED MATERS.

                 WHEREAS, the City Council of the City of Santa Clara met in regular session on June 20, 2018 to consider, among other things, adopting a Water Impact Fee Facilities Plan, Impact Fee Analysis document dated June 2018 and imposing Water System Impact Fees, providing for the calculation and collection of such fees, and providing for appeal, accounting and severability of the same, and other related matters; and

WHEREAS, The City of Santa Clara is a political subdivision of the State of Utah, authorized and organized under the provisions of Utah law and is authorized pursuant to the Impact Fee Act, Utah Code Ann. § 11-36-101 et seq. to adopt impact fees; and

WHEREAS, on June 20, 2018, the City of Santa Clara reviewed the findings, conclusions, and recommendations of a water system master plan prepared by Sunrise Engineering, (the “Consultant”), a copy of which is attached hereto as exhibit “A” (the “Impact Fee Facilities Plan”); and

            WHEREAS the City of Santa Clara has caused a water system impact fee analysis to be prepared by Consultant, a copy of which is attached hereto as exhibit “B” (the Impact fee Analysis”); and

WHEREAS, on June 7, 2018, the City of Santa Clara posted notice of public hearing with respect to the Impact Fee Analysis in at least three public places within the City of Santa Clara and published a notice of a Public Hearing in the Spectrum in respect to the Impact Fee on June 10, 2018, and

WHEREAS, on June 20, 2018, the City Council held a public hearing regarding the Impact Fee Analysis and Impact Fee Enactment; and

WHEREAS, after careful consideration and review of the comments at the public hearings, the City Council has determined that it is in the best interest of the health, safety and welfare of the inhabitants of the City of Santa Clara to adopt the findings and recommendations of the Studies to address the impacts of development upon the city of Santa Clara, to adopt the Capital Facilities Plan as proposed, to approve the Impact fee Analysis as proposed, to adopt culinary water impact fees, to provide for the calculation and collection of such fees, and to provide for appeal, accounting and severability of the same.

            NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Santa Clara as follows:

Section 1. Findings. The City Council finds and determines as follows:

  • All required notices have been given and made and public hearings conducted as requested by the Impact Fee Act with respect to the Capital Facilities Plan, the Impact Fee Analysis.
  • Growth and development activities in the City of Santa Clara will create additional demands on its water system. The capital facility improvement requirements which are analyzed in the Capital Facilities Plan and the Impact Fee Analysis are the direct result of additional facility needs caused by future development activities. The persons responsible for growth and development activities should pay a proportionate share of the costs of the water system needed to serve the growth and development activity.
  • Impact Fees are necessary to achieve an equitable allocation to the costs borne in the past and to be borne in the future, in comparison with the benefits already received and yet to be received.
  • In approving the Impact Fee Analysis and this Ordinance, the City Council has taken into consideration, and in certain situations will consider on a case-by-case basis in the future, the future capital facilities and water needs of the city of Santa Clara, the capital financial needs of the City of Santa Clara which are the result of the City of Santa Clara’s future facilities needs, the distribution of the burden of costs to different properties within the City of Santa Clara based on the use of water and water facilities of the City of Santa Clara by such properties, the financial contribution of those properties and other properties similarly situated in the City of Santa Clara at the time of computation of the required fee and prior to the enactment of this Ordinance, all revenue sources available to the City of Santa Clara, and the impact on future water facilities that will be required by growth and new development activities in the City of Santa Clara.
  • The provisions of this Ordinance shall be liberally construed in order to carry out the purpose and intent of the City Council in establishing the impact fee program.
  • Per the proposed Washington County Water District Pooling Agreement and upon signature by the City of Santa Clara, any developer subject to impact fees under this Ordinance shall also be subject to the current water impact fees as imposed by the Washington County Water Conservancy District. The effective date shall be as provided in the WCWCD Agreement and related Ordinance.

 Section 2Definitions.

2.1 Except as provided below, words and phrases that are defined in the Impact Fee Act shall have the same meaning in this Ordinance.

2.2 “Service Area” shall mean all of the incorporated area of the City of Santa Clara, Utah.

2.3 “Project Improvements” does not mean system improvement and includes, but is not limited to, a minimum eight-inch culinary water line.

2.4 “System Improvement” shall mean those improvements outlined in the capital facilities plan, and shall except any portion that serves only the project to which the impact fee applies or are otherwise “project improvements”.

2.4 “Utah State Impact Fee Act” shall mean Title 11, Chapter 36, Utah Code Annotated or its successor state statute if that title and chapter is renumbered, recodified, or amended.

Section 3.        Adoption.

The City Council hereby approves and adopts the Impact Fee Analysis attached as exhibit “B” and the analysis reflected therein. The Water Impact Fee Facilities Plan, Impact Fee Analysis, dated June 2018, are incorporated herein by reference as though fully set forth herein. Based on the City Council’s approval and adoption of the Water Impact Fee Facilities Plan and Impact Fee Analysis, the City Council imposes a requirement that developers install project improvements as a condition to connection to the City of Santa Clara’s current or future water system and delivery of water services from the City of Santa Clara. Based on its approval and adoption of the Water Impact Fee Facilities Plan, Impact Fee Analysis, the City Council hereby imposes the impact fees specified herein and enacts this Ordinance to require payment of the impact fees specified herein as a condition to connection to the City of Santa Clara’s current or future water system and delivery of water service from the City of Santa Clara.

Section 4.        Impact Fee Calculations.

4.1       Impact Fees. The impact fees imposed by this Ordinance are facilities impact fees (generally consisting of storage, distribution and treatment), payable in cash, to fund future facilities and improvements. The impact fees shall be calculated as set forth below.

4.2       Developer Credits / Developer Reimbursements.       A developer, including a school district or charter school, may be allowed a credit against or proportionate reimbursement of impact fees if the developer dedicates land for a system improvement, builds and dedicates some or all of a system improvement, or dedicates a public facility that the City of Santa Clara and the developer agree will reduce the need for a system improvement. A credit against impact fees shall be granted for any dedication of land for, improvement to, or new construction of, any system improvements provided by the developer if the facilities are system improvements, or are dedicated to the public and offset the need for an identified system improvement.

4.3       Impact Fees Accounting.        The City of Santa Clara shall establish a separate interest-bearing ledger account for the cash impact fees collected pursuant to this Ordinance. Interest earned on such account shall be allocated to that account. Impact fees collected prior to the effective date of this Ordinance need not meet the requirements of this section.

  • Reporting.  At the end of each fiscal year, the City of Santa Clara shall prepare a report on such account generally showing the source and amount of all monies collected, earned and received by the fund or account and each expenditure from the fund or account. The report shall also identify impact fee funds by the year in which they were received, the project from which the funds were collected, the capital projects for which the funds were budgeted and the projected schedule for expenditure and be provided in a format approved by the State Auditor and certified by the City of Santa Clara City Manager.
  • Impact Fee Expenditures. The City of Santa Clara may expend cash impact fees covered by this Ordinance only for systems improvement that are (i) public facilities identified in the Capital Facilities Plan; and (ii) of the specific public facilities type for which the fee was collected.
  • Time of Expenditure. Cash impact fees collected pursuant to this Ordinance are to be expended, dedicated or encumbered for a permissible use within six (6) years of receipt by the City of Santa Clara, unless the City Council directs otherwise. For purposes of this calculation, the first funds received shall be deemed to be the first funds expended.
  • Extension of Time. The City of Santa Clara may hold previously dedicated or unencumbered fees for longer than six (6) years if it identifies in writing, before the expiration of the six year period, (i) an extraordinary and compelling reason why the fees should be held longer than six (6) years; and (ii) an absolute date by which the fees will be expended.

4.4       Refunds.          The City of Santa Clara shall refund any impact fee paid by a developer, plus interest actually earned when (i) the developer does not proceed with the building activity and files a written request for a refund; (ii) the fees have not been spent or encumbered; (iii) the developer has contributed in excess of its proportional costs; and (iv) no impact has resulted.

4.5       Additional Fees and Costs.  The impact fees authorized hereby are separate from and in addition to user fees and other charges lawfully imposed by the City of Santa Clara, such as engineering and inspection fees, building permit fees, review fees and other fees and costs that may not be included as itemized component parts of the impact fee.

4.6       Fees Effective at Time of Payment.  Unless the City of Santa Clara is otherwise bound by a contractual requirement, the impact fee shall be determined from the impact fee schedule in effect at the time of payment in accordance with the provision of Section 5 below.

Section 5.        Impact Fee Imposed.

 

Impact fees are hereby imposed as a condition of the issuance of a building/development permit by the City of Santa Clara for any development activity which creates additional demand and need for public facilities or makes demands on the water supply in the City of Santa Clara’s system. The fees imposed are as follows:

 

5.1       Impact Fee By Meter Size

Section 6.        Fee Exceptions and Adjustments.

6.1       Waiver for “Public Purpose”.  The City Council may, on a project by project basis, authorize exceptions or adjustments to the then impact fee rate structure for those projects the City Council determines to be of such benefit to the community as a whole to justify the exception or adjustment. Such projects may include low income housing.

6.2       Adjustments.  The City Council may adjust impact fees imposed pursuant to this Ordinance as necessary in order to respond to unusual circumstances in specific areas, ensure that impact fees are imposed fairly, permit the adjustments of the amount of the impact fees based upon studies and data submitted by an applicant in order to ensure that the impact fee represents the proportionate share of the cost of providing such public facilities and water which are reasonably related to and necessary in order to provide the services in question to anticipate future growth and development activities.  The City Council may also adjust impact fees to respond to a request for a prompt and individualized impact fee review for the development activity of an agency of the State of Utah, a school district, or charter school.

Section 7.        Appeal Procedures.

7.1       Application.  The appeal procedure applies both to challenges to the legality of impact fees, to similar and related fees of the City of Santa Clara and to the interpretation and/.or application of those fees.

7.2       Request for Information Concerning the Fee.  Any person or entity required to pay an impact fee under this Ordinance may file a written request for information concerning the fee with the City of Santa Clara. The City of Santa Clara will provide the person or entity with the City of Santa Clara’s written impact fee analysis and other relevant information relating to the impact fee within fourteen (14) days after receipt of the request for information.

7.3       Appeal to the City of Santa Clara before Payment of the Impact Fee.  Any affected or potentially affected person or entity who wishes to challenge an impact fee under this Ordinance prior to payment thereof may file a written request for information concerning the impact fee and proceed under the City of Santa Clara’s appeal procedure.

7.4       Appeal to the City of Santa Clara after Payment of the Impact Fee; Statute of Limitations for Failure to File.  Any person or entity that has paid an impact fee under this Ordinance and wishes to challenge the fee shall file a written request for information concerning the fee after having paid the fee and proceed under the City of Santa’s appeal procedure. The deadlines for filing an appeal shall be as follows:

  • Notice. Within thirty (30) days after the person making the appeal pays the impact fee he or she may challenge whether the City of Santa Clara complied with the notice requirements of the Utah State Impact Fee Act with respect to the imposition of the impact fee; and
  • Procedure. Within 180 days after the person making the appeal pays the impact fee he or she may challenge whether the City of Santa Clara complied with other procedural requirements of the Utah State Impact Fee Act for imposing the impact fee; and

 Impact Fee. Within one year after the person making the appeal pays the impact fee he or she may challenge the impact fee.

7.5       Appeals to the City of Santa Clara.  Any developer, landowner or affected party desiring to challenge the legality of any impact fee or related fee or exaction under this Ordinance may appeal directly to the City Council of the City of Santa Clara by filing a written challenge with the City of Santa Clara before the deadlines provided in Section 7.4

  • Hearing. An informal hearing will be held not sooner than five (5) days nor more than twenty-five (25) days after the written appeal to the City of Santa Clara is filed.
  • Decision. After the conclusion of the informal hearing, the City Council shall affirm, reverse or take action with respect to the challenge or appeal as the City Council deems appropriate. The decision of the City Council will be issued within thirty (30) days after the date the written challenge was filed. In light of the statutorily mandated time restriction, the City of Santa Clara shall not be required to provide more than three (3) working days prior notice of the time, date and location of the informal hearing and the inconvenience of the hearing to the challenging party shall not serve as a basis of appeal of the City of Santa Clara’s final determination.

7.6       Denial Due to Passage of Time.  Should the City of Santa Clara, for any reason, fail to issue a final decision on a written challenge to an impact fee, its calculation or application, within thirty (30) days after the filing of that challenge with the City of Santa Clara, the challenge shall be deemed to have been denied.

7.7       Judicial Review Nothing in this Ordinance shall be interpreted to alter the statutory deadlines before which an action to challenge an impact fee must be initiated in the District Court. After having been served with a copy of the pleadings initiating a court review, the City of Santa Clara shall submit to the court the record of the proceedings before the City of Santa Clara, including minutes, and if available, a true and correct transcript of any proceedings.

Section 8.        Severability. If any section subsection, paragraph, clause or phrase of this Ordinance shall be declared invalid for any reason, such decision shall not affect the remaining provisions of this Ordinance, which shall remain in full force and effect, and for this purpose, the provisions of this Ordinance are declared to be severable.

Effective Date

This Ordinance shall become effective ninety (90) days following its passage, approval, and publication, as provided by law, being September 25, 2018.

PASSED, ADOPTED AND APPROVED this 27th day of June 2018

CITY OF SANTA CLARA

Rick Rosenberg, Mayor

 

ATTEST:

Chris Shelley, City Recorder

 

Ordinance 2018-11

Ordinance 2018-11
SANTA CLARA CITY
ORDINANCE NO. 2018-11

AN ORDINANCE ADOPTING THE CITY OF SANTA CLARA FINAL OPERATING AND CAPITAL BUDGETS FOR FISCAL YEAR 2018 – 2019; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Utah Uniform Fiscal Procedures Act provides for the governing body an opportunity, at any time during the budget period, to review the individual budgets of the funds, for the purpose of determining if the total of any of them shall be increased (UCA 10-6-127); and

WHEREAS, the City Manager submitted to the City Council, during a regular meeting held on June 20, 2018, the Fiscal Year 2018-2019 Final Operating and Capital Budget; and

WHEREAS, the City Council of the City of Santa Clara, adopted the proposed Final Operating and Capital Budget for Fiscal Year 2018 – 2019 on June 20, 2018 during a regular meeting of the City Council; and

WHEREAS, the City Council of the City of Santa Clara, during the May 9, 2018 Council Meeting set the Public Hearing date to receive input on the Final Operating Capital Budget for May 23, 2018 at 5:00 p.m. in the council chambers of the Santa Clara Town Hall: and

WHEREAS, the City properly advertised, as prescribed by state law (UCA 10-6-113), and held a Public Hearing on Wednesday, May 23, 2018 to receive input from the general public on the FY 2018-2019 Final Operating and Capital Budget;

WHEREAS, before June 22nd of each fiscal year, or in the case of a property tax increase under UCA Sections 56-2-919 through 59-2-923, before August 17th of the year for which property tax increase is proposed, the governing body is required to adopt a final budget for the ensuing fiscal year for each fund for which a budget is required;

NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Santa Clara, Utah as follows:

SECTION 1. Classification:
This is a non-code ordinance.

SECTION 2. General Provisions:
The City of Santa Clara Final Operating and Capital Budgets for the fiscal year 2018- 2019 are hereby adopted as set forth in the attached “Exhibit A”, which is hereby incorporated into and made a part of this ordinance by reference.

SECTION 3. Effective Date:
This Ordinance shall become effective immediately upon adoption, recording and posting in the manner prescribed by law.

Ordinance 2018-11 Page 2
ADOPTED and approved by a duly constituted quorum of the City Council of the City of Santa Clara, Utah this 20th day of June 2018.

IN WITNESS THERETO:
ATTEST: ____________________________________
RICK ROSENBERG, Mayor
_____________________________
CHRIS SHELLEY, City Recorder
Ordinance 2018-11 Page 3
“EXHIBIT A”
(See Attachments in Ordinance book)

Ordinance 2018-08

SANTA CLARA CITY

ORDINANCE NO. 2018-08


AN ORDINANCE AMENDING THE CITY OF SANTA CLARA GENERAL PLAN BY REZONING 0.59 ACRES (1lot) LOCATED AT 2562 SANTA CLARA DRIVE

Section 1.        Amendment

WHEREAS, the City received an application from Robert & Robyn Lamoreaux to amend the City General Plan Land Use Map by changing the land use designation from R-1-10 to Historic District/Mixed Use Zone on 0.59 acres located on 2562 Santa Clara Drive; and

WHEREAS, the Planning Commission of Santa Clara City has forwarded its recommendation to amend the City’s General Plan to the City Council; and

WHEREAS, the purpose of the zoning map amendment is to rezone 0.59 acres located on 2562 Santa Clara Drive to allow the homeowners to convert the home into a short term (Vacation) rental.

WHEREAS, the Historic District / Mixed Use Zone allows for a vacation rental as a Conditional Use subject to providing off-street parking in the amount of one parking space for every bedroom, shall obtain a City Business License, and shall comply with the City landscape ordinance; and

WHEREAS, pursuant to said requirements of the Santa Clara Municipal Code, the Land Use Authority/Planning Commission conducted a properly advertised public hearing on the amendment to the City’s Zoning Map on February 22, 2018; and

WHEREAS, the Planning Commission, during their regular meeting held on February 22, 2018, motioned to recommend approval to the City Council the proposed amendment to the General Plan to change the land use designation from R-1-10 to Historic District/ Mixed Use Zone on 0.59 acres.

NOW, THEREFORE, BE IT ORDAINED by the Santa Clara City Council, State of Utah, as follows:

Section 2.        Classification

This ordinance amends the official General Plan of the City of Santa Clara, Utah.

Section 3.        General Provisions

The official General Plan of the City of Santa Clara, Utah is hereby amended to change the land use designation from R-1-10 to Historic District/ Mixed Use Zone on 0.59 acres located at 2562 Santa Clara Drive.

Section 4.        Effective Date

This ordinance shall become effective immediately upon adoption, recording and posting in the manner required by law.

ADOPTED and approved by a duly constituted quorum of the Santa Clara City Council this 28rd day of February 2018.

 

IN WITNESS, THERETO:

MARY JO HAFEN, Mayor Pro -Tem

ATTEST:

CHRIS SHELLEY, City Recorder

Ordinance 2018-07

SANTA CLARA CITY

ORDINANCE 2018-07


 

AN ORDINANCE TO ABANDON A LOT LINE AND VACATE AN ASSOCIATED EASEMENT AND ESTABLISH AN EFFECTIVE DATE.

 WHEREAS, Petitioners, Marv Wilson and Conley Gali, are petitioning Santa Clara City for approval of abandoning the lot line and vacating the associated easement between two existing lots and creating a new lot line and associated  easement between the same two lots; and

WHEREAS, it is lots 62 & 63 of the Santa Clara Heights Plat “L” subdivision. Parcel ID: SC-SCH-L-62 and SC -SCH-L-63; and

WHEREAS, there are no existing utilities located in the easement proposed to be vacated; and

WHEREAS, all adjoining property owners, by their execution consent to this petition; and

WHEREAS, Subsection 16.04.020(D) of the Santa Clara City Subdivision Ordinance provides for the vacation of easements by the City Council if said sewer easements are not currently occupied by public utilities and will not be needed for future public utilities; and

NOW THEREFORE, BE IT ORDAINED, by the City Council of Santa Clara, Utah, as follows:

Section 1. Classification:

 This is a non-code ordinance.

Section 2. General Provisions:

An abandonment of a Lot Line and associated easement between lots 62 and 63 of the more particularly described as Santa Clara Heights Plat “L” subdivision. Parcel ID: SC-SCH-L-62 and SC -SCH-L-63 being more fully described as follows:

LOT LINE ADJUSTMENT :

COMMENCING AT THE NORTHEAST CORNER OF LOT 62 IN SANTA CLARA HEIGHTS PLAT “L”, AND RUNNING THENCE SOUTH 26.44’38” WEST ALONG THE EASTERLY LINE OF SAID LOT 62 A DISTANCE OF 10.73 FEET TO THE INTERSECTION OF THE CENTERLINE OF TWO EXISTING BLOCK WALLS AND THE POINT OF BEGINNING;

THENCE NORTH 75·35•51″ WEST ALONG THE CENTERLINE OF AN EXISTING BLOCK WALL A DISTANCE OF 104.58 FEET TO THE RIGHT OF WAY LINE OF CLAWSON CIRCLE.

CHANGE IN AREA:  0.014 ACRES MORE OR LESS.

Section 3. Effective Date:

This ordinance becomes effective immediately upon adoption, recording and posting in the manner required by law.

ADOPTED and ordered posted by a duly constituted quorum of the City Council of the City of Santa Clara, Utah this 28nd day of February 2018.

 

IN WITNESS THERETO:

Mary Jo Hafen, Mayor Pro-Tem

ATTEST:

Chris Shelley, City Recorder

Ordinance 2018-06

SANTA CLARA CITY

ORDINANCE NO. 2018-06


 AN ORDINANCE AMENDING THE CITY OF SANTA CLARA OPERATING AND CAPITAL BUDGETS FOR FISCAL YEAR 2017- 2018; AND ESTABLISHING AN EFFECTIVE DATE.

WHEREAS, The Utah Uniform Fiscal Procedures Act provides for the governing body an opportunity, at any time during the budget period, to review the individual budgets of the funds, for the purpose of determining if the total of any of them shall be increased (UCA 10-6-127); and

WHEREAS, the City property advertised, as prescribed by state law (UCA 10-6-113), and held a Public Hearing on Wednesday, February 28, 2018 to receive input from the general public on the proposed amendment to the FY 2017-2018 Operating and Capital Budget;

NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Santa Clara, Utah as follows:

SECTION 1. Classification:

This is a non-code ordinance.

SECTION 2. General Provisions:

The City of Santa Clara Operating & Capital Budgets for the fiscal year 2017-2018 are hereby amended as set forth in the attached “Exhibit A”, which is hereby incorporated into and made a part of this ordinance by reference.

SECTION 3. Effective Date:

This Ordinance shall become effective immediately upon adoption, recording and posting in the manner prescribed by law.

ADOPTED and approved by a duly constituted quorum of the City Council of the City of Santa Clara, Utah this 28th day of February 2018.

 

IN WITNESS THERETO:

MARY JO HAFEN, Mayor Pro-Tem

 

ATTEST:

CHRIS SHELLEY, City Recorder

 

Total Expenditure Changes                                                                                  $     573,454

 

Amended Fiscal Year 2017-2018 Budget                                                             $  5,045,847

 

Purpose of Amendment: Addition of EMS & Fire from Ivins City

Ordinance 2018-05

CITY OF SANTA CLARA, UTAH

ORDINANCE NO. 2018-05

 

 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF SANTA CLARA UTAH BY AMENDING TITLE 16, CHAPTER 16.24.080, “LOT ARRANGEMENT” AND ESTABLISH AN EFFECTIVE DATE.

WHEREAS, it is important to update the City’s code from time to time to remain relevant and reflective of the ever-changing operating environment of the City; and

WHEREAS, staff would like to amend Title 16, Chapter 16.24.080 Lot Arrangement to require a landscape planter strip between the privacy wall and sidewalk where double-frontage lots are platted; and

WHEREAS, the Planning Commission recommends approval with a definition for “double-frontage lots”; and

WHEREAS, the legislative body of the City of Santa Clara reviewed the recommendation of the Planning Commission and acted on the proposed amendment to Title 16, Chapter 16.24.080 “Lot Arrangement” and acted on January 24, 2018; and

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Santa Clara, Utah, that Title 16, Chapter 16.24.080 “Lot Arrangement” be amended as follows.

Section 1. Amendment:

 

TITLE 16

16.24.080: LOT ARRANGEMENT

C. Double Frontage Lots: Double frontage lots are lots which have the rear property line adjacent to a public street. Double frontage lots shall not be permitted except where necessary to provide separation of residential development from traffic arterials or to overcome specific disadvantages of topography and orientation. All double frontage lots must be approved by the city council. A solid block or masonry wall shall be provided on all double frontage lots as a part of the required development of improvements, unless waived or modified by the city council. Where a privacy wall is constructed, there shall be a landscape strip provided between the sidewalk and privacy wall with a minimum average width of ten (10) feet.  The wall may be of serpentine design so that the distance between the wall and sidewalk varies, but the wall shall not be closer to the sidewalk at any point than four (4) feet.  The minimum ten-foot-wide planter strip may include landscape area on both sides of the sidewalk where the sidewalk is separated from the curb by a landscape area.

  

Where the privacy wall on the adjoining property has a curvilinear or serpentine   design, the City Council may require the continuation of such wall design in order to provide for a uniform appearance along the public street.

 

The subdivision developer shall make provisions for the long-term maintenance of the planter strip either through a home owners association (HOA), or other approved maintenance plan, or where the city agrees to provide long term maintenance for the planter area, in which case the developer shall on the final subdivision plat grant to the city a landscape maintenance easement upon all private property which may be on the street side of the privacy wall.

 Section 2. Effective Date:

This Ordinance shall become effective immediately upon adoption, recording and posting in the      manner prescribed by law.

 ADOPTED and approved by a duly constituted quorum of the City Council of the City of Santa Clara, Utah this 24th day of January 2018.

 

IN WITNESS, THERETO:

 RICK ROSENBERG, Mayor

ATTEST:

CHRIS SHELLEY, City Recorder

Ordinance 2018-04

CITY OF SANTA CLARA, UTAH
ORDINANCE NO. 2018-04

AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF SANTA CLARA UTAH BY AMENDING TITLE 17, SECTION 17.16.020, “LAND USE AUTHORITY; DELEGATION OF DUTIES” AND ESTABLISHING AN EFFECTIVE DATE.

WHEREAS, it is important to update the City’s code from time to time to remain relevant and reflective of the ever-changing operating environment of the City; and

WHEREAS, staff would like to amend Title 17, Section 17.16.020, “Land Use Authority; Delegation of Duties” to authorize City Planning staff (TRC) to approve a conditional use permit for a second dwelling unit in the RA, R-1-10, and R-1-10/RA zones rather than having the PC consider those requests; and

WHEREAS, the standards for a second dwelling are listed in the R-1-10 and R-1-10/RA zones and among other things, a second dwelling must be attached to the main dwelling unit. Applicants are frustrated at having to wait a few weeks for the PC meeting which is once a month; and

WHEREAS, the PC recommends approval of the proposed change, subject to the CUP notification to neighbors within 300’ be mandatory and not just encouraged; and

WHEREAS, the legislative body of the City of Santa Clara reviewed the recommendation of the Planning Commission and acted on the proposed amendment to Title 17, Section 17.16.020 “Land Use Authority; Delegation of Duties” and acted on January 10, 2018; and

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Santa Clara, Utah, that Title 17, Section 17.16.020 “Land Use Authority; Delegation of Duties” be amended as follows.

Section 1. Amendment:

17.16.020: Land Use Authority; Delegation of Duties

1. Conditional use permits for simple home occupations, and second dwelling units in the RA, R-1-10 and R-1-10/RA Zones.

8. Conditional use permits, except for those conditional uses specifically delegated to city
Staff to hear and act on.

Section 2. Effective Date:
This Ordinance shall become effective immediately upon adoption, recording and posting in the manner prescribed by law.

ADOPTED and approved by a duly constituted quorum of the City Council of the City of Santa Clara, Utah this 10th day of Jan. 2018.

IN WITNESS, THERETO:

RICK ROSENBERG, Mayor
ATTEST:

CHRIS SHELLEY, City Recorder