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HomeMy WebLinkAbout71.43 ORDINANCE NO, 71. 43 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING VARIOUS PROVISIONS IN CHAFFER 15 OF THE CITY CODE CONCERNING HEIGHT, SITE COVERAGE, FENCES, PARKING REQUIREMENTS, TREE REMOVAL PERMITS AND VARIANCES The City Council of the City of Saratoga hereby ordains as follows: SECTION h Section 15-06.340 in Article 15-06 of the City Code is amended to read as follows: "S15-06,340 Height "Height" means the vertical distance from the highest point of a structure to either the natural grade or the finished grade of the structure pad, whichever distance is greater, excluding basements or crawl spaces around the structure which are below grade and not created by a fill; provided, however, that for the purposes of measuring height, chimneys, flagpoles and radio and television aerials shall not be considered a part of the structure. In the case of fences, walls and hedges, the height thereof shah be that side having the greatest distance as measured by a vertical line from the highest point of the fence, wall or hedge to a point directly below at either the natural grade or the finished grade, whichever such grade is lower. Where a fence is constructed upon, or approximately parallel to and within two feet from, a retaining wall, the height thereof shall be the combined height of the fence and the retaining wall, as measured from the top of the fence to the bottom of the retaining wall in the manner prescribed herein." SECTION 2: Section 15-19.090 in Article 15-19 of the City Code is amended to read as follows: "S15-19.090 Site coverage The maximum net site area covered by structures in each commercial district shall be as follows: District Structure Coverage C-N 60 percent C-C No limitation C-V 60 percent" SECTION 3: Paragraph (a) of Section 15-29.030 in Article 15-29 of the City Code is amended to read as follows: "(a) For the purpose of noise mitigation, a fence exceeding the height otherwise prescribed in this Article as the limit for such fence may be located Rev. 4/29/88 -1- within any required yard abutting Prospect Road, Saratoga/Sunnyvale Road, Quito Road, Saratoga Avenue, or Cox Avenue, upon the issuance by the Planning Director of a fence permit and subject to the following provisions:" SECTION 4: Section 15-29.050 in Article 15-29 of the City Code is amended to read as follows: "S15-29.050 Barbed wire prohibited No fence or wall constructed or installed within the City shall contain barbed wire unless approved by the Planning Commission, based upon a finding that the barbed wire is necessary for security purposes and that measures will be taken, when appropriate, to mitigate any adverse impa~ts of such wire." SECTION 5: Section 15-35.030 in Article 15-35 of the City Code is amended to read as follows: "S15-35.030 Schedule of off-street parking spaces Off-street parking spaces shall be provided in accordance with the following schedule: Use Spaces Required (a) Single-family dwelling, excluding Two covered spaces within second units a garage (b) Second unit One covered space within a garage, except as otherwise provided in Section 15-56.110. (c) Multi-family dwellings One covered space within a garage for each dwelling unit, plus one and one-half additional spaces on the site for each dwelling unit; provided, however, for housing developments occupied exclusively by seniors, the required parking shall be one covered space within a garage for each dwelling unit plus one-half additional space on the site for each dwelling unit. (d) Hotels and motels One space for each guest- room or for each two beds, whichever is greater. Rev. 4/29/88 -2- (e) Bed and breakfast establishments One space for each bedroom to be rented, in addition to the spaces required for the single- family dwelling. (f) Schools and day care facilities One space for each employee, including teachers and administrators, plus such additional spaces as determined by the Planning Commission to be adequate for student and visitor parking. (g) Community facilities and One space for each institutional facilities not employee and such otherwise described in this additional number of Section spaces as may be prescribed by the Planning Commission. (h) Places of public assembly, including One space for each four religious institutions, theatres~ seats or one space for each lodge halls, auditoriums forty square feet of floor and mortuaries area usable for seating if seats are not fixed, plus one space for each two employees. (i) Clubs, including country clubs, One space for each mem- recreation clubs, swimming clubs bership, one space for each and tennis clubs employee, and such additional spaces as may be prescribed by the Planning Commission. (j) Nursing homes One space for each three beds, one space for each two doctors providing medical services on a regular basis, and one space for each two employees. (k) Professional and One space for each two administrative offices hundred square feet of gross floor area. (1) Medical offices and clinics One space for each two hundred square feet of gross floor area. Rev. 4/29/88 -3- (m) Intensive retail service One space for each two establishments hundred square feet of gross floor area. (n) Extensive retail service One space for each five establishments hundred square feet of gross floor area. (o) Personal service establishments One space for each two and financial institutions hundred square feet of gross floor area. (p) Restaurants One space for each seventy-five square feet of gross floor area. In addition, if the restaurant has outdoor dining, one space for each seventy- five square feet of outdoor dining area shall also be provided. (q) Warehouses, storage buildings and One space for each one storage facilities combined with thousand square feet of commercial uses gross floor area. (r) Limited industrialuses One space for each six hundred square feet of gross floor area. (s) Commercial uses conducted primarily One space for each outside of buildings, public buildings employee, and such addi- and grounds other than offices, and tional spaces as may be public utility structures and facilities prescribed by the Planning Commission." SECTION 6: Section 15-50.090 in Article 15-50 of the City Code is amended to read as follows: '~15-50.090 Appeals (a) Except as otherwise provided in Paragraph (b) of this Section, any person objecting to a decision by the Planning Director made pursuant to any of the provisions of this Article, may appeal such decision to the Planning Commission in accordance with the procedure set forth in Article 15-90 of this Chapter. Notwithstanding the provisions of Section 15-90.020, the decision of the Planning Commission shall be final and no further appeal may be taken to the City Council. (b) Where an application for a tree removal permit has been granted and the Planning Director determines that the tree in question presents a clear and immediate threat of causing injury to persons or property, the Planning Director Rev. 4/29/88 -4- may issue the tree removal permit prior to expiration of the appeal period specified in Section 15-90.050 of this Chapter." SECTION 7: Section 15-70.010 in Article 15-70 of the City Code is amended to read as follows: "SlS-70.D10 Purpese of Article The Planning Commission is empowered to grant variances in order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this Chapter as would result from a strict or literal interpretation and enforcement of certain zoning regulations. A practical difficulty or unnecessary physical hardship may result from the size, shape or dimensions of a site or the location of existing structures thereon, from geographic, topographic or other physical conditions on the site or in the immediate vicinity or from population densities, street locations or traffic conditions in the immediate vicinity. Cost to the applicant of strict or literal compliance with a regulation shall not be the sole reason for granting a variance. The power to grant variances does not extend to use regulations and any use which is prohibited under the regulations of this Chapter may not be authorized through the granting of a variance." SECTION 8: Section 15-70.(}60 in Article 15-70 of the City Code is amended to read as follows: u§15-70.060 Findings required for granting of variance The approving authority may grant a variance as applied for or in modified form if, on the basis of the application and the evidence submitted, the approving authority makes all of the following findings: (a) That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, strict enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and clasified in the same zoning district. (b) That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and classified in the same zoning district. (c) That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. (d) If the variance is for any regulation pertaining to signs, the Planning Commission shall also find that the granting of the variance will not introduce a visual element which is inconsistent with the appearance of the immediately surrounding area. (e) If the variance is for any regulation pertaining to off-street parking or loading facilities, the Planning Commission shall make the following additional findings: Rev. 4/29/88 -5- (1) That strict enforcement of the specified regulation is not required by either present or anticipated future traffic volume or traffic circulation on the site. (2) That the granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets. SECTION 9: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 16: This Ordinance shall be in full force and effect thirty days after its passage and adoption. ***** The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council held on the 18they of May , 1988, by the following vote. AYES: Councils Anderson, Clevenger, Rlava, and MDyles NOES: None /~ ABSENT: Mayor Peterson MA~ZOR Attest: The above and foregoin's true and correct - _ which has been CITY CLERK Deputy City Clerk Rev. 4/29/88 -6-