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HomeMy WebLinkAbout71.98 ORDINANCE NO. 71.98 .AN ORDINANCE OF THE CITY ~ SARATOGA ADDING ZU TZCLE ZS-20 . AELZS R-OS: RESIDENTIAL OPEN SP~CE DISTRICT AND AMENDING VARIOUS SECTION OF CHAPTER 15 TO INCLUDE REFERENCES TO SAID R-5~ DISTRICT WHEREAS' the City Council has directed that the City pursue expansion of the City's sphere of influence and boundaries to include the visually and environmentally sensitive mountain and hillside areas adjacent to the City and to preserve open spaces; and WHEREAS, the recent annexation of a portion of the Saratoga Country Club provided evidence of the need for the establishment of a new zoning district specifically designed for lands of extreme topography and lands subject to geologic hazards, as well as, for the preservation of lands of scenic quality to the community; and WHEREAS, no appropriate zoning designation currently exists to address the character and topography of the unincorporated hill and mountain side areas; and WHEREAS, the intent of the new zoning district is to protect the health, safety and general welfare of the community at large, to preserve the water supply by protecting the regional watershed sources, and to preserve the scenic value of the hill and mountain sides by controlling the density, intensity of development and use in the hill and mountain side areas upon annexation of such areas to the City, WHEREAS, this new zone district will be a part of a comprehensive zoning district study for the unincorporated hill and mountain sides adjacent to the City, WHEREAS, the City Council directed the Planning staff to prepare criteria including but not limited to the following: topography, geologic sensitivity, seismic safety, existence of native vegetation and wildlife habitat and scenic value to be used to establish the boundaries'Of the R-OS zone. NOW, THEREFORE, the City Council of the City of Saratoga hereby ordains as follows: SECTION 1: Section 15-10.010 in Article 15-10 of the City Code is amended to read as follows: 1 8ec. 15-10.010 Designation of districts (a) A: Agricultural district. (b) R-l: Single-family residential district, consisting of: R-i-40,000 district R-i-20,000 district R-l-15,000 district R-1-12,500 district R-l-10,000 district (c) HC-RD: Hillside conservation-residential district. (d) NHR: Northwestern hillsides residential district. (e) R-OS: Residential open space district. (f) AP/OS: Agricultural preserve/open space overlay district. (g) P-C; Planned community district. (h) R-M: Multi-family residential districts, consisting of: R-M-5,000 R-M-4,000 R-M-3,000 (i) P-A: Professional and administrative office district. (j) C: Commercial districts, consisting of: C-N Neighborhood commercial C-V Visitor commercial CH-1 and CH-2 Commercial historic districts (k) MU-PD: Multiple use planned development district. (1) E: Equestrian zone. SECTION 2: A new Article 15-20 is added to Chapter 15 of the City Code, to read as follows: "ARTICLE 15-20 R - O8: RESIDE.NTIAL OPEN SPACE DI8TRICT Sections: 15-20.010 Purposes of Article 15-20.020 Permitted uses 15-20.030 Conditional uses 15-20.040 Nonconforming uses 15-20.050 Development criteria 15-20.060 Subdivision of sites 15-20,070 Site frontage, width and depth 15-20.080 Site coverage 15-20.090 Front yard, side yards and rear yard 15-20.100 Height of structures 15-20.110 Accessory uses and structures 15-20.120 Fences, walls and hedges 15-20.130 Signs 15-20.140 Off-street parking and loading facilities 15-20.150 Design review 15-20,160 Storage of personal property and materials Sec. 15-20.010 Purposes of Article In addition to the objectives set forth in Section 15-05.020, the residential open space district is included in the Zoning Ordinance to achieve the following purposes: (a) To preserve hillside and mountainous land in its natural condition through the establishment of dedicated open space areas, and through environmentally sensitive low density residential use. (b) To promote those uses which support and enhance a rural character and preserve important resources such as forests, natural vegetation, watersheds, animal habitat, scenic beauty, recreational areas, open space and public access thereto. (c) To ensure public safety, health and welfare by avoiding development on or near areas of natural hazards, topographic constraint and environmentally sensitive areas such as those with unstable geological conditions, watersheds, riparian corridors, wildlife habitats, and community view sheds. Sec. 15-20.020 Permitted uses The following permitted uses shall be allowed in the R-OS district: 3 (a) Single-family dwellings. No more than one dwelling unit shall be located on each lot. (b) Accessory structures located on the same lot as a permitted use and not exceeding a total gross floor area of two hundred fifty square feet, including detached garages and carports garden sheds, greenhouses shade structures, recreation rooms, home hobby shops, cabanas, structures for housing swimming pool equipment and one guest house. Accessory structures for agricultural uses such as stables, barns, hay covers and storage sheds shall not exceed a total of 1,600 square feet. (c) Agricultural uses such as raising of vegetables, field crops, vines, fruits, and nut trees, and horticultural specialties, and the processing of such products. (d) Home occupations, conducted in accordance with the regulations prescribed in Article 15-40 of this Chapter. (e) Stables, corrals, and pastures for the keeping of horses for private use. The minimum net site area shall be one acre for each two horses kept on the site. All horses shall be subject to the regulations and license provisions set forth in Section 7- 20.220 of this Code. Notwithstanding the provisions of Subsection 16-80.030(a) of this Chapter, no stable or corral shall be located closer than thirty feet from any interior property line of the site or any structure for human habitation. Setbacks from perennial or intermittent streams shall be sufficient to avoid any discharge or mud slide into the stream. Any stable, corral or pasture which is fifty feet or less from any perennial or intermittent stream bank shall require the approval of the City Engineer and/or Santa Clara Valley Water District. The property owners shall comply with the mitigation measures pursuant to the Water District and/or the City Engineer's requirements. In addition, the natural grade of a corral shall not exceed an average slope of fifteen percent. (f) Swimming pools used solely by persons resident on the site and their guests. Pools shall be constructed subject to the standards provided in Section 15-20.050 (g)(5) and Section 15- 80.030. (g) The keeping for private use of a reasonable number of domestic dogs, cats, sheep, goats, and other small mammals, birds, fish and small reptiles, subject to the regulations as set forth in Article 7-20 of this Code, and subject also to the restrictions and standards prescribed in Subsection 15-11.020(h) of this Chapter. (h) Public parks, trails and other publicly owned open spaces. Sec. 15-20.030 Conditional uses The following conditional uses may be allowed in the R-OS district, upon the granting of a use permit pursuant to article 15- 55 or Article 15-56 of this Chapter: (a) Accessory structures exceeding a gross floor area of two hundred fifty square feet. The height standards for such structures may be modified by the Planning Commission through use permit approval. (b) Accessory structures for agricultural use exceeding 1,600 square feet in total floor area. (c) Amphitheaters and other facilities for outdoor presentation of drama, music or o~her forms of entertainment available to the general public. (d) Police and fire stations and other public building, structures and facilities. (e) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks and transmission lines. (f) One recreational court on a single site, to be used solely by persons resident on the site and their guests, subject to the regulations prescribed in Subsection 15-80,030(c) of this Chapter. (g) Commercial stables, boarding stables and community stables, subject to the regulations prescribed in Section 7-20.220 of this Code. (h) Facilities for sale of agricultural products produced on the site, including on site retail sales of Christmas trees. (i) Wineries which may include conference facilities designed to accommodate no more than fifty guests with no overnight accommodation. (j) Picnic and camp sites. (k) Botanical gardens (1) Clustered housing per section 15-20,060 (d) (m) Veterinarian clinics Sec. 15-20-.040 Nonconforming uses Existing uses which were lawfully established prior to [date] and meet the health regulations set forth in Section 7-20.220 of the City COde may be continued in conformity with the provisions stated in Article 15-65 of the City Code. Sec. 15-20.050 Development criteria No principal use shall be established, no main structure shall be erected or constructed and no subdivision be approved in the R- OS district, nor shall any building or other permit be issued therefor, unless and until the applicant has complied with the following development standards, Which standards shall be in addition to, and not in lieu of, any and all other development criteria and requirements set forth in Chapters 14 and 16 of this Code: (a) Site development plan. A site development plan has been prepared and approved by the advisory agency in accord with Section 14-25.100 of the Subdivision Ordinance, and the physical location of each use and structure is as set forth on such approved plan. In addition to the regulations set forth in Section 14-25.100, the site development plan shall incorporate the following design objectives: (1) All roads, buildings and other structural improvements or land coverage shall be located, sited and designed to fit the natural topography and shall minimize grading and modification of existing land forms and natural characteristics. (2) The planting and landscaping portion of said plan shall, insofar as is reasonably practical, provide for the retention of existing vegetation and shall include an erosion and sediment control element setting forth reasonable mitigation measures in accord with the excavating and grading and subdivision regulations of the city. (3) Grading shall be representative of adjacent topography and be an extension of natural contours insofar as reasonably practical, and shall be designed to avoid or fully mitigate potential erosion, flooding, geetechnical and other hazards. (4) Water, sewer and other utility services, streets and other access routes shall be designed to avoid any geologic or soils hazard and shall be specifically engineered to prevent the risk of failure or collapse. Setbacks from hazard areas shall be in accord with the engineering geologic and geotechnical engineering investigation report and recommendations. (b) Engineering Geologic' and GeOtechnical Engineering reports. A preliminary engineering geologic and geotechnical engineering investigation(s) and report(s) prepared by a certified engineering geologist licensed by the State and by a registered geotechnical engineer or civil engineer qualified in soils mechanics licensed by the State, shall be filed in conjunction with the site development plan unless the City Engineer and Geotechnical Consultant determine that existing information pertinent to the subdivision or site approval makes preliminary analysis or any part thereof unnecessary. The geologic and geotechnical reports shall fully and clearly include: (1) A description and discussion 'of engineering geologic conditions at the site, including natural and artificial earth materials, structural lineations or discontinuities, surface and ground water conditions, and all other pertinent conditions or characteristics of the site, with reference to surface conditions and exposures, geomorphology, and graphical logs of subsurface excavations. (2) An engineering geologic map of the site on a suitable topographic base, showing, as a minimum: the distributions of geologic materials on the site based upon mapping of geomorphic conditions and geologic exposures on and around the site; geologic features and potential hazards; and the locations of all existing and intended improvements on the site. (3) An evaluation of all geologic hazards and geotechnical constraints that affect, or potentially could affect, the site relative to the existing or intended land use. This should include a clear statement as to whether a hazard exists at the site which may lead to structural damage if not corrected, an evaluation of the risk(s) each hazard poses, and the basis or reasoning for assigning specific risks. (4) A geotechnical (soil and foundation) engineering investigation addressing properties of earth materials, site preparation (clearing and stripping), grading requirements (cut and fill design and construction), pavement design, drainage (surface and subsurface), utility trench backfilling, design parameters for foundations, retaining walls and swimming pools, slope stability, technical plan review, and field inspection procedures. (5) Recommendations for appropriate grading procedures, 7 geotechnical design criteria and any corrective measures deemed necessary to prevent or significantly mitigate potential damage to the proposed project and to eliminate potential damage to adjacent properties and to otherwise insure safe development of the property. (6) Recommendations for additional investigations that should be made to insure safe development of the property. (c) Application acceptance. An application shall not be deemed complete until the City Engineer grants geotechnical clearance. (d) Additional studies required. The City shall also require the following additional studies prior to approval of a site development plan or as deemed necessary by the City Engineer, unless the City Engineer and the City Geotechnical Consultant determines that existing information pertinent to the subdivision or the site approval provides the same data as would have been obtained from any or all of such additional studies: (1) With respect to any terrain that may be susceptible to impacts from existing or potential instability, an investigation by a certified engineering geologist shall be required for all slopes affecting future or existing development. This investigation shall include a detailed evaluation of the natural slope conditions and recommendations for the treatment or correction of any potentially unstable slopes. Slope stability studies may require extensive subsurface exploration and analysis. (2) A slope stability analysis showing the proposed building footprint(s) and immediately surrounding areas having an adequate factor of safety of at least 1.5 under static conditions against failure in the event of the maximum expected earthquake on recognized faults, including but not necessarily limited to the San Andreas, the Berrocal, the Monta Vista/Shannon or the Sargent faults. (3) With respect to any area in the State's Special Studies zones or within two hundred feet of a mapped or otherwise recognized trace of a potentially active earthquake fault, an investigation by a certified engineering geologist addressing the seismic hazards related to the nearby trace, with particular emphasis on evaluation of possible surface faulting and characterization of seismic ground motion. Investigative techniques may require geologic and geomorphic mapping and analysis, subsurface exploration, and possibly geophysical traverses to demonstrate that no fault exists within 50 feet of a structure for human habitation. If deemed necessary by the City Geotechnical Consultant, an area greater than S two hundred feet from a possible fault trace may be subject to the same investigative requirements and an increased setback of structures for human habitation from faults, may be required. (e) Inspection reports. The results and recommendations of the engineering geologic and geotechnical engineering investigations referred to in ParagraPhS (b) and (d) of this Section shall be reviewed and approved D~ the City Engineer and the City Geotechnical consultant and shall become conditions of approval of a development proposal. The Geotechnical Engineer and the Engineering Geologist may be required to submit reports during grading, during construction, and following completion of the project. The final report(s) shall affirm that the grading and foundation excavations were done under the supervision of an appropriate registered Geotechnical Engineer and/or Engineering Geologist, shall describe the as-built conditions of the project, and shall contain such other information as may be required by the City Engineer and City Geotechnical Consultant. (f) Financial assurances. The applicant shall post security deposit or a bond of an amount determined by the City Engineer as one measure to ensure the completion of all geological and geotechnical reports and corrective work required as part of conditions of the project approval. (g) Location of buildlng sites. (1) In locating building sites, preference shall be given to areas classified in the City's Ground Movement Potential Maps as Sbr, Sls, Sun and Sex. Sites on potentialky moving slopes (Pmw, Ps, Pd) and moving slopes (Ms) shall not be approved unless geologic and soil engineering analysis provided by the applicant demonstrate long-termstability to the satisfaction of the City Engineer and the City Geotechnical Consultant. No tentative or final map, building site approval or building or grading permit shall be granted for a property which includes land within an Md or Mrf area unless complies with all the requirements described in Section 16-65.030. (2) Corrective measures which are deemed necessary by the City Engineer and Geotechnical Consultant shall be reviewed and approved by the Planning Commission subject to the following findings: That the measures necessary to permit such development are (i) consistent with the objectives of this zone district as set forth in Section 15-20.010; (ii) necessary to minimize risks from geologic hazards; (iii) will not result in the removal of any protected tree, as described in Section 15-50.050; (iv) will not result in irrevocable damage to the City's scenic resources; and (v) will produce a benefit to the general public greater than the environmental impact of the corrective measures. (3) The City may require an additional fee from the applicant to cover the expense of producing ground movement potential maps of ~he geological study area in which the property is located, including areas that may suffer potential ground movement as a result of the proposed development. (4) The average natural grade of the footprint underneath any dwelling unit or other structure shall not exceed thirty percent slope, except that a variance pursuant to Article 15-70 of this Chapter may be granted. (5) The average natural grade of the footprint underneath swimming pools shall not exceed fifteen percent slope. No variances shall be granted for any swimming pool to be constructed. (6) Location of building sites in relation to major and minor ridgelines shall comply with the requirements set forth in Section 15-20,100 of this Article. (7) Building sites including driveways and private and public streets, shall not be located within 150 ft. of the top of perennial or intermittent water course banks unless approved by the City Engineer and Santa Clara Water District. Private sanitary sewer, leach fields or drainage fields shall comply with the setback and other requirements of Santa Clara Health Department. (h) Grading (1) Grading shall be limited to the minimum necessary for use of a site. Portions of a site exceeding thirty percent slope shall not be graded without prior specific approval by the Planning Commission. Grading shall be minimized in areas classified in the City's Ground Movement Potential Maps as Ps or Pd. Any grading which would unreasonably affect the natural topography of the area shall not be permitted. (2) The combined cut and fill of any grading on a hillside lot shall not exceed 1,000 cubic yards, including any excavation for a swimming pool, unless a larger quantity is approved by the Planning 10 Commission based on the finding that: (a) The additional grading is necessary in order to allow reasonable development of the property or to achieve a reasonable vehicular access to the proposed development. (b) The natural land forms and vegetation are being protected. (c) The increased g~ading is necessary to promote the compatibility of ~he construction with the natural terrain. (d) The increased grading is necessary to facilitate an architectdral design which is integrated into the natural topography. (e) The increased grading is necessary to reduce the prominence of the construction as viewed from surrounding views or from distant community views. (3) Corrective grading for existing or proposed developments may be permitted with prior specific approval by the ~Planning Commission based upon findings that the corrective grading: (i) is consistent with the objectives of this zone district as set forth in Section 15-20.010; (ii) is necessary to minimize risks from geologic hazards; and (iii) will not result in irrevocable damage to the City's scenic resources; and (iv) will produce a benefit to the general public greater than the environmental impact of the corrective grading; and (v) will not result in the removal of any of protected tree, as described in Section 15-50.050. (4) Grading and other site improvements under and around structures shall be designed to minimize visual impact as viewed from other properties. (5) cut or fill slopes shall not exceed 3 horizontal to 1 vertical. (i) Grade of private streets and driveways. The design of all private streets and driveways shall be subject to the approval of the Fire Marshall and the City Engineer. Any private street or driveway which exceeds a grade of eighteen percent for a distance in excess of fifty feet, shall also require approval by the Planning Commission upon all of the following findings that the: (i) construction of the driveway will prevent damage from geologic hazard, (ii) will minimize grading and visual impact and (iii) will result in preservation of natural vegetation and prevent 11 destruction of wildlife habitat. (j) Landscaping. In the selection of new landscaping, preference shall be given to natural, indigenous and drought resistant plants and materials in accordance with City Xeriscape Standards. Non-indigenous landscaping shall be limited to the immediate area around the house. The total of non-native landscaped ~ea including the allQwable impervious coverage shall not excee~ 12,000 square feet. The impervious Coverage shall be determined aubject to limitations set forth in Section 15-20.080 of this Article. The remaining portion of the site shall be preserved in a natural and undisturbed state except for necessary clearing for the purpose of prevention of fire hazard as required by the City Code Article 7-15. Removal of existing native trees shall be subject to the regulations pr6vided in Article 15-50 of the City Code and shall be replaced by same or similar species as required by the City Arborist. (k) Open space dedications. At least thirty percent of the gross site area of a subdivision, of a new home or of an addition, or combination of successive additions over the life of the structure, resulting in an increase of 50% or greater to the floor area of an existing home, shall be dedicated in fee to the City of Saratoga at the time of recordation of the final map or building permit whichever comes first. The location of said open space shall be subject to the review and the approval of the Planning Commission. A written agreement describing the open space area shall be executed between the property owner and the City and recorded in the office of the County Recorder. Such agreement shall set forth the restrictions'and allowable uses for the open space area, as determined by the Planning Commission. The allowable uses shall be consistent with and promote the purposes of Section 15-20.010 of the City Code. Sec. 15-20.060 Subdivision of Sites (a) Determination of lot size. Except as otherwise provided in Paragraph (c) of this Section, each lot created upon the subdivision of any property within the R-OS district shall contain a minimum number of acres based upon the average slope of such lot, determined in accordance with the following formula: Minimum lot size = 20 + 4 (S - 10) Where: S = average slope in percent, as calculated in accordance with Section 15-06.630 of this Chapter. (b) Table of lot sizes. The following table represents the minimum lot size required for each lot created by the subdivision of property, as derived from the formula set forth in Paragraph (a) 12 of this Section. Average Minimum Average Minimum Average Minimum Slope Acres Slope ACres Slope' Acres 10 or less 20 24 76 38 132 11 24 25 80 39 136 12 28 26 84 40 140 13 32 27 88 41 144 14 36 28 92 42 148 15 40 29 96 43 152 16 44 30 100 44 156 17 48 31 104 45 160 18 52 32 108 46 164 19 56 33 112 47 168 20 60 34 116 48 172 21 64 35 120 49 176 22 68 36 124 50 or more 180 23 72 37 128 (c) Increases in lot size. The City may require any or all of the lots within a subdivision to have a larger size than required under Paragraph (a) of this Section if the City determines that such increase is necessary or appropriate by reason of site restrictions or geologic hazards. (d) Clustering of lots. The Planning Commission may approve a use permit for a subdivision having lots smaller than the size required under Paragraph (a) of this Section, if all of the following are satisfied: (1) The reduction in the lot size is for the purpose of clustering building sites in order to create dedicated publicly owned open space which may contain recreation facilities, including but not limited to, equestrian and hiking trails, as permitted in Section 15-20,020(h). (2) The reduction in lot size is offset by an equal or greater area of land which is dedicated to the public as permanent open space. (3) The cluster development reduces the gross development area which shall include but not limited to grading, streets, driveways, main structures, accessory structures and impervious coverage so as to minimize, to the extent possible, views of such area from public lands, streets and highways. (4) No single lot has a net site area of less than 20,000 square feet. 13 (5) The total number of lots into which the property is being subdivided shall be determined in accordance with the following formula: a ........................... 0.0609375 0.00109375 S Where: a is the average land area per dwelling unit S is the average slope of the lot in percent. The average slope of a lot or parcel shall be determined according to ~he following formula: 0..00229 x IL S ................... A Where: S is the average slope of the lot in percentage I is the contour interval in feet L is the combined length of contour lines in feet A is the gross area of the parcel in acres. (6) The size of each unit shall be determined in relation to the size of the lot on which it is located and the average slope of the site, in accordance with the formula set forth in the Design Review Ordinance Section 15-45.030. In no case shall a single unit exceed 6000 square feet in area. (7) The clustering of building sites will result in greater preservation of the natural terrain and vegetation. (8) The use permit approved by the Planning Commission includes specified standards which may deviate from those contained in this Article as follows: (i) length of driveway, (ii) reduction in building height, (ii) reduction in allowable floor area, (iv) reduction in site coverage, (v) increase in site dimensions and (vi) increase in setbacks. (9) The clustered development shall be connected to a sanitary sewer system. (e) Further subdivision prohibited. Upon recordation of a final subdivision or parcel map covering any site within the R-OS district, no lots or parcels shown on thereafter be further 14 subdivided so as to increase the total density permitted under this Sectioh for the entire subdivision or parcel depicted on the final map. Sec. 15-20.070 Site frontage, width and depth (a) The site frontage and average width and depth of any lot in the R-OS district shall be not less than the following: Frontaqe Width Depth 100 ft. 500 ft. 700 ft. (b) The Planning Commission shall have authority to modify the standards provided in paragraph (a) of this Section upon the findings that the changes in the dimensions of the lot (i) will contribute to preservation of open space. (ii) will conform with the topography of the area and will minimize environmental impacts (iii) will not result in perception of higher density than a lot of standard dimensions. (c) Notwithstanding the provisions of Paragraph (a) of this Section: (1) The minimum site frontage on a cul-de-sac turnaround shall be sixty feet where seventy-five percent or more of the frontage abuts the turnaround. (2) The frontage and width of an access corridor to a flag lot shall be not less than thirty feet. Sec. 15-20.080 Site coverage The maximum site impervious coverage on any lot in the R-OS district shall not exceed either twenty-five percent or twelve thousand square feet, whichever is less. Driveways may be excluded from the calculation of site coverage, as determined and approved by the Planning Commission, subject to the findings described in Section 15-20.50(i), except for when a conditional use permit is granted by the Planning Commission for clustering development. Sec. 15-20.090 Front yard, side yards and rear yard (a) Except as otherwise provided in Paragraph (b) of this Section, the minimum front yard, side yards, and rear yard of any lot in the R-OS district shall be as follows: 15 Front Interior Exterior Rear Yard Side Yard Side Yard Yard Single Story 50 ft. 40 ft. 50 ft. 100 ft. Two Story 70 ft. 60 ft. 70 ft. 120 ft. (b) On a flag lot with an average width that exceeds its average depth, the longer dimension may be considered the depth for the purpgse of measuring the fron~, side and rear yards, unless to do so would impact the lot's normal yard orientation in relation to adjadent lots. (c) The Planning Commission may modify the minimum setback standards upon the findings that the va~i~ti0n from the standards will result in a significantly reduced environmental and visual impact, minimize the grading and preserve the natural vegetation and wildlife habitat. Sec. 15-20.100 Height of structures No structure shall exceed two story nor shall any structure exceed the following heights: (a) No structure shall extend to an elevation within eight feet from the top of the nearest adjacent major ridgeline that does not have dense tree cover. (b) No structure shall extend to an elevation more than twelve feet above the nearest adjacent minor ridge that does not have dense tree cover. (c) A structure not limited by Paragraph (a) and (b) above shall not exceed twenty-two feet in height. The Planning Commission may modify the height standard if the Design Review findings in section 15-45.080 can be made. In no case shall the height of a structure exceed twenty six feet. (d) Accessory structures shall not exceed 12 feet in height; provided, however, that the Planning Commission may approve an accessory structure extending up to fifteen feet in height if the Commission finds and determines that: (1) The additional height is necessary in order to establish architectural compatibility with the main structure on the site; and (2) The accessory structure will be compatible with the surrounding neighborhood. (3) The additional height is necessary for a structure for agricultural use. 16 Sec. 15-20.110 Accessory uses end structures Accessory uses and structures Shall comply with the special rules as set forth in Section 15-80.030 of this Chapter. Sec. 15-20.120 Fences, walls and hedges Fences, walls and hedges shall comply with the regulations set forth in Article 15-29 of this Chapter except for Subsection 15- 29,020 (c)(3) which shall not apply to the R-OS district. Sec. 15-20.130 Signs No sign of any character shall be erected or displayed in the R-OS district, except as permitted under the regulations set forth in Article 15-30 of this Chapter. Signs which do not exceed 20 sq. ft.in area, and 5 ft. in height shall be permitted for stables and other conditional uses as part of the conditional use permit. Sec. 15-20.140 Off-street parking and loading facilities off-street parking and loading facilities shall be provided for each use for which parking is required on the site, in accordance with the regulations set forth in Article 15-35 of this Chapter. In addition to the regulations in Article 15-35, parking lots should be designed to minimize environmental and visual impacts by avoiding large continuous lots and by the use of gravel and turf stones and landscaping.for screening. Sec. 15-20.150 Design review The construction or expansion of any main or accessory structure in the R-0S district shall comply with the applicable design review regulations set forth in Article 15-45 or Article 15- 46 of this Chapter; provided, however, where a single family dwelling is the principal use on the site, then the allowable floor are determined in accordance with Section 15-45.030 shall in no event be more than 6,000 square feet, excluding any detached garage or accessory structure for which a use permit is granted. 8ec. 15-20.160 Storage of personal property and materials The regulations and restrictions set forth in Section 15- 12.160 of this Chapter, pertaining to the storage of certain items of personal property, shall apply to the R-0S district and the same 17 are incorporated herein by reference. SECTION 3: The following definitions shall be added to Section 15-06 of the City Code: open space - as defined in the Open Space Element of the General Plan. Riparlan corridor - intermittent or perennial streams which include all native vegetation and wildlife habitat within the top of the banks delineating the intermittent or perennial steam. Intermittent stream - a water course with seasonal water flow and dry in dry seasons. Perennlal stream - a water course of persisting water flow throughout the year. Creek bank - the sides of a water course, the top of which shall be the topographic line roughly parallel to stream center line where the side slopes intersect the plane of ground traversed by the water course. Where banks do not distinguishably end, the top of such banks shall be determined by the City or Santa Clara Valley Water District. Water course - the elongated channel or depression whether natural or man-made, in which water does or may flow and may include the overflow area, if any, of such channel or depression. Building site - is an accessible area on which the main and accessory structures can be located. Lot site - definition exists in the code. Community View Sheds - any view which is visible from an area which has scenic value for the community. SECTION 4: The first sentence of Section 15-29,020 in Article 15-29 of the City Code is amended to read as follows: "In addition to the regulations set forth in Section 15- 29,010 of this Article, fences and walls located within an HC-RD, NHR or R-OS district shall comply with the following regulations." SECTION 5: Subsection 15-30,050(b)(7) in Article 15-30 of the City Code is amended to read as follows: "(7) One real estate sign, not exceeding six square feet 18 in area if located in an A, R-I, HC-RD, NHR, R-OS or R-M district, and not e~ceeding twelve square feet in area if located in a P-A or C district. The sign may be free standing, but in such event shall not exceed four feet in height." SECTION 6: The first sentence of Section 15-30.080 in Article 15- 30 of the City Code is amended to read as follows: "N° sign of any character shall be permitted in an A, R-l, HC- RD, NHR, R-OS or R-M district, except the following:" SECTION 7: The first sentence of Section 15-30.120 in Article 15- 30 of the City Code is amended to read as follows: "In an A, R-l, HC-RD, NHR, R-OS or R-M district, temporary free standing subdivision signs shall be permitted, provided they conform with the following regulations." SECTION S: Subsection 15-40,010(f) in Article 15-40 of the City Code is amended to read as follows: "(f) Medical offices for doctors, dentists, osteopaths, chiropractors and other practitioners of the healing arts are not permitted as home occupations in any A, R-l, HC-RD, NHR, R-OS or R-M district." SECTION 9: Subsection 15-40,010(1) in Article 15-40 of the City Code is amended to read as follows: "(1) Professional or administrative offices wherein clients or prospective clients are regularly met upon the premises shall not be permitted as home occupations in any A, R-l, HC-RD, NHR, R- OS or R-M district. This prohibition shall not apply to the sale of dwelling units out of a temporary office established in a model home when properly authorized by a use permit." SECTION 10: Section 15-45,020 in Article 15-45 of the City Code is amended to read as follows: eeSec. 15-45.020 Compliance with development standards No single-family main structure or accessory structure shall be constructed or expanded within any A, R-l, HC-RD, NHR or R-OS district unless the proposed structure or expansion complies with the floor area standards contained in Section 15-45,030 of this Article and the setback requirements contained in Section 15- 19 45.040 of this Article. In the event of a conflict between the floor area and setback requirements in Article 15-45 and the standards set forth in the R-OS zone district, the more restrictive standard shall govern. The Planning Commission shall have authority to grant a variance from sUCh regulations pursuant to Article 15-70 of this Chapter." SECTION 11: The first sentence of SUbjection 15-45.060(a) in A~ticle 15-45 of the City Code is amended to read as follows: "(a) In each of the following Cg~es~ no building permit shall be issued for the construction or ~Xpan~ion of a single-family main structure or accessory structure in any A, R-l, HC-RD, NHR or R- Oe district until such structure has received design review approval by the Planning Commission pursuant to this Article." SECTION 12: Subsection 15-46.020(a)(6) in Article 15-46 of the City Code is amended to read as follows: "(6) Any structure, except a single-family dwelling or accessory structure, having a gross floor area of one thousand square feet or greater, located in an A, R-l, HC-RD, NHR or R-OS district." SECTION 13: The first sentence of Section 15-80.030 in Article 15-80 of the City Code is amended to read as' follows: ~,Sec. 15-85.110 Prezoning; annexed territory Unincorporated territory adjoining the City may be prezoned to any district classification established by this Chapter. The same procedure shall be followed for the prezoning as provided by this Article for reclassification of property from one district to another. If such territory is subsequently annexed to the city, the zoning shall automatically become effective at the same time the annexation becomes effective." SECTION 14: 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 15: 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 of the City of Saratoga held on the 2nd day of October , 1991, by the following vote: AYES: Councilr~embers.:AndersonT.~Cleven~er~~ :M~nia, Stutzman and Mayor Kohler NOEE: None ABSENT: None /- ATTEST: '~CI~Y CL!~RK~"" Rev. 9/18/91 CC The above and foregoing ', true and correct copy of Ordinance jTI. ~J~a which has been ' :Deputy City Clerk ~7'