HomeMy WebLinkAboutOrdinance 221
ORDINANCE 221
AN ORDIANCE AMENDING VARIOUS SECTIONS OF THE ZONING
CODE
RELATING TO R-1 DEVELOPMENT AND SUBDIVISION CODE
RELATING TO THE ELIMINATION OF THE
BUILDING SITE APPROVAL PROCESS
OF THE CITY OF SARA TOGA
THE CITY COUNCIL OF TIlE CITY OF SARATOGA DOES ORDAIN AS
FOLLOWS:
Section 1.
Findings.
The City Council finds and declares as follows:
A. The Planning Commission has conducted a public hearing to consider
amendments to the zoning and subdivision codes with respect to
single family dwellings development, and
B. The City Council of the City of Saratoga has conducted a Public
Hearing on July 16, 2003 wherein all interested persons were afforded
an opportunity to discuss the proposed amendments.
Section 2. Adoption.
R-1: SINGLE FAMILY RESIDENTIAL DISTRICTS ORDINANCE SECTION
IS AMENDED TO READ:
Article 15-12 R-1: Single-Family Residential Districts
15-12.010 Purposes of Article.
15-12.020 Permitted uses.
15-12.030 Conditional uses.
15-12.040 One dwelling unit per site.
15-12.050 Site area.
15-12.060 Density of hillside subdivisions.
15-12.061 Location of building sites.
15-12.070 Site frontage, width and depth.
15-12.080 Site coverage.
15-12.090 Front yard, side yards and rear yards.
15-12.100 Height of structures.
15-12.110 Accessory uses and structures.
15-12.120 Fences, walls and hedges.
15-12.130 Signs.
15-12.140 Off-street parking and loading facilities.
15-12.150 Design review.
15-12.160 Storage of personal property and materials.
15-12.010 Purposes of Article.
In addition to the objectives set forth in Section 15-05.020, the single-family
residential districts are included in the Zoning Ordinance to achieve the
following purposes:
(a) To reserve appropriately located areas for family living at a reasonable range
of population densities consistent with sound standards of public health and
safety.
(b) To ensure adequate light, air, privacy and open space for each single-family
dwelling unit.
(c) To protect single-family dwellings from the congestion and lack of privacy
associated with multi-family dwellings.
(d) To provide space for community facilities needed to complement residential
areas and for institutions, which require a residential environment.
(e) To protect residential properties from the hazards, noise and congestion
created by commercial and industrial uses.
(f) To protect residential properties from fire, explosion, noxious fumes, noise,
excessive light or glare and other hazards.
15-12.020 Permitted uses.
The following permitted uses shall be allowed in the R-l districts:
(a) Single-family dwellings.
(b) Accessory structures and uses located on the same site as a permitted use,
including garages and carports, garden sheds, greenhouses, shade structures,
recreation rooms, home hobby shops, cabanas, structures for housing swimming
pool equipment, one second dwelling unit or one guest house.
(c) Raising of fruit and nut trees, vegetables and horticultural specialties, not
including nurseries, greenhouses or storage of landscaping equipment products
or supplies for commercial uses.
(d) Home occupations, conducted in accordance with the regulations prescribed
in Article 15-40 of this Chapter. .
(e) Stables and corrals for the keeping for private use of one horse for each forty
thousand square feet of net site area; provided, however, that in the equestrian
zone only, one additional horse may be permitted on the first forty thousand
square feet of net site area, and an additional horse may be permitted for each
additional forty thousand square feet of net site area. All horses shall be subject
to the regulations and license provisions set forth in Section 7-20.220 of this
Code.
(f) Swimming pools used solely by persons resident on the site and their guests.
(g) The keeping for private use of a reasonable number of domestic dogs, cats
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 Section 15-11.020(h) of this Chapter.
(h) Except as specified in section 15-12.030, recreational courts, to be used solely
by persons resident on the site and their guests.
15-12.030 Conditional uses.
The following conditional uses may be allowed in the R-l districts, upon the
granting of a use permit pursuant to Article 15-55 or Article 15-56 of this
Chapter:
(a) Accessory structures and uses located on the same site as a conditional use.
(b) Community facilities.
(c) Institutional facilities.
(d) Police and fire stations and other public buildings, structures and facilities.
(e) Religious and charitable institutions.
(f) Nursing homes and day care facilities, in excess of 6 persons being cared for at
the facility.
(g) Public utility and public service pumping stations, power stations, drainage
ways and structures, storage tanks and transmission lines.
(h) Recreational courts, to be used solely by persons resident on the site and their
guests, where the lot is located in an R-1 district that is combined with a P-C
district or is part of a planned residential development.
(i) Boarding stables and community stables, subject to the regulations prescribed
in Section 7-20.220 of this Code.
G) Model homes utilized in connection with the sale of new single-family
dwellings in a subdivision, located upon a lot within the same subdivision or, in
the discretion of the Planning Commission, upon a lot within another
subdivision developed by the applicant, for such period of time as determined
by the Planning Commission, not to exceed an initial term of one year and not
exceeding a term of one year for each extension thereof.
(k) Cemeteries.
(I) One second unit, as authorized by a use permit granted pursuant to Article 15-56
of this Chapter.
(m) Antenna facilities operated by a public utílíty for transmitting and receiving
cellular telephone and other wireless communications. (Amended by Ord. 71-163
§ 1 (part),1996)
15-12.040 One dwelling unit per site.
Not more than one dwellíng unit shall be located on each site, except for a
second dwellíng unit pursuant to Article 15-56 of this Chapter.
15-12.050 Site area.
The minimum net site area in each R-1 district shall be as follows:
........."..........
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!Interior
¡Corner
¡Flag
¡Lot
.,
¡Hillside
[Lot
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'District
.......................
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[Lot
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·~~i~~§,§§§.:.l~§:~??~i§·:·········:.:~~,§~~~g;f~·12Õ,OOO~g.ft: :.4O':.~~?~g;ft. .................
. ··..:í·....····..·.....·····.....······hm..... ........
.:~~~~~~,~?0.......:~~:~9?~9;.~~:............·I;~~???..~9;..~:.........\:?~9.??~3:..~~:..........[~?~~?.?.}9· ft.
: ·~~~~~~:???.;~~~?.?...s.g:.~t:......~[L~~?.?.9.~g:!l;.....: l~?:???.~9;..~~· ........I~g:??g..~9.:..~·
!R-1- 20,Oo.?m.:~?~.???..~q:..~;...........,~~~?.?.?..~g;f~;.......·.!~?:~??..~.9;f~.· ....... :~g:??g~9:.~;
··~~~.~J~~?~?,.~.?.:~?.?..~:1'.~~......~~;?.?2..~9~~:.'m1~;999.~g~.~~:mm_~?:???~9:!~.:.,..... ,.....
(Amended by Ord. 71.99 § 7, 1991)
15-12.060 Density of hillside subdivisions.
In the case of a hillside subdivision, as defined in Section 14-10.140 of the
Subdivision Ordinance, located within any R-1 district, the maximum number of
dwel1íng units (density) shall be as follows:
(a) Determination of density. Except as otherwise provided in subsection (c) of
this Section, the maximum density of a hillside subdivision shall be determined
by dividing the net site area of the property to be divided by the average acres
per dwel1íng unit, rounding up to the next whole number where a fraction of
more than .50. is obtained.
(b) Average acres per dwelling unit. The average acres per dwelling unit shall be
determined by the following slope/density formula:
Average acres per dwelling unit = 1/1.089 - .01778 (8)
Where: S = average slope in percent, as calculated in accordance with Section 15-
06.630 of this Chapter.
(c) Reduction of density. The City may require a reduction in the number of
dwelling units below the maximum number otherwise permitted under
subsection (a) of this Section if the City determines that such reduction is
necessary or appropriate by reason of site conditions including, but not limited
to, geologic hazards.
15-12.061 Location of building sites.
The average natural grade of the footprint underneath any dwelling unit,
swimming pool or other structure shall not exceed thirty percent slope, and no
dwelling unit, swimming pool or other structure shall be built upon a slope
which exceeds forty percent natural slope at any location under the structure
between two five-foot contour lines, except that:
(a) A variance pursuant to Article 15-70 of this Chapter may be granted where
the findings prescribed in Section 15-70.060 can be made, and
(b) An exception under Article 14-35 of the Subdivision Ordinance may be
granted where the findings prescribed in Section 14-35.020 can be made.
15-12.070 Site frontage, width and depth.
(a) The minim urn site frontage, width and depth in each R -1 district shall be as
follows:
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)Site
¡Site
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¡Depth
.......,
.........."....... ..............
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:District
)Frontage
¡Width
.........................
....... ................................,..........
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mm........
:R-l-1O,000i60 ft.¡85 ft. 1115 ft.
...)R.·.·..·.=j-.1.·.2.·.·.,.·.~·~.O..·.·.·.·.·... i65 ft.u.·.·.·.·.·..:.'~9.f.·.t.·.: ..J¡li6fi·
. . m..·..:r.......··..... ...................,
:R-I-15,OOO:70 ft.Joo ft.il25 ft.
",..'.._"_"n_""""'_'n_......_"·'___'___._"""'___._...._.".,..____"_."....___..-,."....___.....,.,..___"'.."....______"."""_____,,.
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:R-1-40,000 )00 ft.:150 ft."c'liso"ft. ..
..................... .......
(b) Notwithstanding the provisions of subsection (a) of this Section:
(1) The site width of a corner lot shall be not less than one hundred feet.
(2) 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.
(3) The frontage and width of an access corridor to a flag lot shall be not less than
twenty feet.
15-12.080 Site coverage.
The maximum site coverage, as defined in section 15-06.620(f), in each R-1
district shall be as set forth in the following table:
\District
......................................................···················:1
\Covera~e(percent) .'
...................
.............................
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II
i
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iR-1-10,000 160 .:
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:,:,:;.:.:.:..:.c.:..;.'-'-',::;,:.:.:.:.:..:.,-,-,.;;;)
iR-1-12,500 i55;
':..... ............h:::"..........::,,::;:.;....::::,,;,,;:;;~,,: .....;..;;::;:::::,,;..;..... ............. ............. ¡
R-1-15,000 ... ......... . ...150..... ..............%. ......... %\
;..W.__.-.M,.'MN......;.__..~.,..."...... __..~.M,"."_....;..'"-".:..._"M"....: i,:··.:..··--·--'_..-···:;··;;··-"M"-..--..:...~,.........._..._._"-,"_....~....:....--,...,,_....~.M~1
'R-1-20,000 i45¡
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(Amended by Ord. 71.99 § 8,1991; Ord. 71-111 § I, 1992; Ord. 71-185 § 1 (part),
1998)
15-12.090 Front yard, side yards and rear yards.
(a) The minimum yard requirements for all lots in the R-l district, are as
follows:
(1) Front yard. The minimum front yard of any lot in each R-1 district shall be the
distance indicated in the following table:
District
Front Yard
R-l-lO,OOO
R-I-12,500
R-1-15,OOO
R-1-20,OOO
R-1-40,OOO
25 ft.
25 ft.
25 ft.
30 ft.
30 ft.
(2) Side yards of interior lots. The minimum side yard of any interior lot in each
R-l district shall be the distance indicated in the following table for each side
yard:
First Floor Individual
Second Floor Individual
District
Side Yards
Side Yards
R-1-10,OOO 10 ft. 15 ft.
R-1-12,500 10 ft. 15 ft.
R-1-15,OOO 12 ft. 17 ft.
R-1-20,OOO 15 ft. 20 ft.
R-I-40,OOO 20 ft. 25 ft.
(3) Side yards of corner lots. The minimum side yard of any corner lot in each
R-1 district shall be the distance indicated in the following table:
District
First Floor
Interior
Side Yard
Second Floor
Interior
Side Yard
First Floor
Exterior
Side Yard
Second Floor
Exterior
Side Yard
R-1-1O,000 10 ft. 15 ft. 25 f1. 30 ft.
R-1-12,500 10 ft. 15 ft. 25 ft. 30 ft.
R-1-15,000 12 ft. 17 ft. 25 ft. 30 ft.
R-1-20,000 15 ft. 20 ft. 25 ft. 30 ft.
R-I-40,000 20 ft. 25 f1. 25 ft. 30 ft.
(4) Rear yards of corner lots. The minimum rear yard of any corner lot in each
R-1 district shall be the distance indicated in the following table:
District
First floor
Rear Yard
Second floor
Rear Yard
R-1-10,000
R-1-12,500
R-I-15,000
R-1-20,000
R-1-40,000
10 ft.
10 ft.
12 ft.
15 ft.
20 ft.
10 ft.
10 ft.
12 ft.
15 ft.
20 ft.
(5) Rear yards of interior lots. The minimum rear yard of any interior lot in each
R-l district shall be the distance indicated in the following table:
First floor Second floor
District Rear Yard Rear Yard
R-I-I0,000 25 ft. 35 ft.
R-I-12,500 25 ft. 35 ft.
R-I-15,000 30 ft. 40 ft.
R-1-20,000 35 ft. 45 ft.
R-I-40,000 50 ft. 60 ft.
(b) For the purpose of this Article, "vacant lot" means a parcel with no existing
single-family dwelling.
(c) Determination of yards for flag lots. On a flag lot with an average width that
exceeds its average depth, the longer dimension may be considered the depth for
the purpose of measuring the front, side and rear yards, unless to do so would
adversely affect the lot's normal yard orientation in relation to adjacent lots.
(Amended by Ord. 71.99 § 9, 1991; Ord. 71-106 § 2,1992; Amended during 5/95
supplement: Amended by Ord. 205 § 2, 2002)
15-12.100 Height of structures.
(a) No single-family dwelling shall exceed twenty-six feet in height and no other
type of main structure shall exceed thirty feet in height. Exceptions to these
limitations may be approved pursuant to a Use Permit and Design Review
issued in accordance with Article 15-55 of this Code if the additional height is
necessary in order to adhere to a specific architectural style. The additional
height may only be granted on residentially zoned parcels exceeding 20,000
square feet. The Staff and Planning Commission will use the "A Field Guide to
American Houses" and other resource material approved by the Planning
Commission as resources documents to assess the purity of architectural design.
(b) No accessory structure shall exceed fifteen feet in height; provided, however,
the Planning Commission may approve of an accessory structure extending up to
twenty 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.
(c) No structure shall exceed two stories, except that pursuant to a use permit
issued under Article 15-55 of this Chapter, a three-story structure may be
allowed for an institutional facility located upon a site designated for quasi-
public facilities (QPF) in the General Plan, where the average slope underneath
the structure is ten percent or greater and a stepped building pad is used.
(Amended by Ord. 71.87 § 1, 1991)
15-12.110 Accessory uses and structures.
Accessory uses and structures shall comply with the special rules as set forth in
Section 15-80.030 of this Chapter.
15-12.120 Fences, walls and hedges.
Fences, walls and hedges shall comply with the regulations set forth in Article
15-29 of this Chapter.
15-12.130 Signs.
No sign of any character shall be erected or displayed in any R-l district, except
as permitted under the regulations set forth in Article 15-30 of this Chapter.
15-12.140 Off-street parking and loading facilities.
Off-street parking and loading facilities shall be provided for each use on the site,
in accordance with the regulations set forth in Article 15-35 of this Chapter.
15-12.150 Design review.
The construction or expansion of any main or accessory structure in an R-l
district shall comply with the applicable design review regulations set forth in
Article 15-45 of this Chapter.
15-12.160 Storage of personal property and materials.
(a) Unenclosed storage of personal property is not permitted in any R-l district.
(b) No portion of any required front yard, and no portion of any required
exterior side or rear yard of corner lots, and rear yards of double frontage lots,
except as hereinafter provided, shall for any period of time in excess of five
consecutive days be used for the unenclosed storage of any of the following:
(1) Motor vehicles except 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) 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 ofthe items of property described in (1), (2) or (3) of this
subsection.
(5) Building or construction materials, except 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.
(6) Trash, garbage or refuse, except as provided by Article 7-05 in Chapter 7 of
this Code.
Any of the foregoing items of property which have been stored on a site or yard
described herein for less than five consecutive days and then removed, shall not
again be stored on such site or yard unless in compliance with subsection (c) of
this Section or pursuant to a temporary use permit issued pursuant to subsection
(d) of this Section.
(c) The items of property described in subsection (b) of this Section may be stored
in exterior side and rear yards of comer lots and rear yards of double frontage
lots for periods in excess of five consecutive days where a fence has been legally
constructed of sufficient 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.
Application for such storage permits shall be in writing, on forms furnished by
the City, and 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.
(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 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. (Amended by Ord. 71-156 § 1, 1995)
DESIGN REVIEW ORDINANCE SECTION IS AMENDED TO READ:
Article 15-45 Design Review: Single-Family Dwelling
15-45.010 Purposes of Article.
15-45.020 Compliance with development standards.
15-45.030 Allowable floor area.
15-45.040 Setbacks.
15-45.045 Creek protection setbacks.
15-45.050 Underfloor clearance.
15-45.055 Residential Design Handbook
15-45.060 Requirement for design review; public hearing.
15-45.065 Administrative design review.
15-45.070 Application requirements.
15-45.080 Design review findings.
15-45.085 Off Site Improvements
15-45.090 Expiration of review approval; extension; tolling of time period.
15-45.100 Replacement of destroyed structures.
15-45.110 Appeals to City Council.
15-45.010 Purposes of Article.
It is the policy of the City to review the proposed construction or significant
expansion of single-family dwellings and certain accessory structures under
circumstances where such structures have the reasonable potential to constitute
an invasion of privacy, unreasonable interference with views, light or air, or
create adverse impacts upon the aesthetic character of neighboring residential
structures. The purpose of this Article is to establish standards and procedures to
be followed with respect to the design review of single-family dwellings and
certain accessory structures to ensure that new development occurs in a manner,
which is consistent with the objectives of this Chapter and the policies of the
General Plan.
15-45.020 Compliance with development standards.
No single-family main structure or accessory structure shall be constructed or
significantly expanded within any A, R-l, HR, R-OS or R-M 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 15-45.040 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. For
the purposes of this Article, the terms "significantly expanded or "significant
expansion" shall mean an expansion exceeding 100 square feet. The Planning
Commission shall have authority to grant a variance from such regulations
pursuant to Article 15-70 of this Chapter. (Amended by Ord. 71.98 § 10, 1991;
Ord. 71.113 § 9,1992)
15-45.030 Allowable floor area.
(a) Definition. As used in this Article, the term "allowable floor area" means the
maximum gross floor area of the main structure (including any garage
constituting a portion thereof), plus any accessory structures. For purposes of
calculating allowable floor area, any space with an interior height of fifteen feet
or greater shall be doubled. The allowable floor area is based upon the net site
area and slope of the lot and the height of the main structure to be constructed or
existing thereon as computed in accordance with the provisions of this Section.
Net site area shall be calculated in accordance with section 15-06.620 of this
Code.
(b) Maximum standards. The standards set forth in this Section are intended to
be maximum figures and the Planning Commission may, in con"idering any
application, require that the floor area be reduced below the applicable standard
if such reduction is necessary in order to make the findings prescribed in Section
15-45.080 of this Article.
(c) Slope adjustment. If the average slope of the lot is more than ten percent, the
net site area of the lot shall be reduced by a percentage amount based upon the
average slope and calculated as follows:
Average Slope of the Lot
Percentage of Net Site
Area to be Deducted
10% plus 2% for each 1 percent of slope
over 10%*
30% plus 3% for each 1 percent of slope
over 20%*
60%
10.01--20%
20.01--30%
Over 30%
*Where the average slope is a fractional number, it shall be rounded up to the
next whole number.
(d) Floor area standards. After reducing the net site area by the amount required
for the slope adjustment under subsection (c) of this Section, if any, the floor area
standard for the lot shall be determined in accordance with the table set forth
below:
Size of Lot (Net Site Area)
Less than 5,000 sq. ft.
10,001--15,000 sq. ft.
Floor Area Standard
To be determined by Planning
Commission
2,400 sq. ft. plus 160 sq. ft. for each
1,000 sq. ft. of net site area over 5,000
ft*
3,200 sq. ft. plus 170 sq. ft. for each
1,000 sq. ft. of net site area over 10,000
ft.*
4,050 sq. ft. plus 78 sq. ft. for each 1,000
sq. ft. of net site area over 15,000 sq. ft. *
5,000--10,000 sq. ft.
15,001--40,000 sq. ft.
40,001--80,000 sq. ft.
6,000 sq. ft. plus 20 sq. ft. for each 1,000
sq. ft. of net site area over 40,000 sq. ft.*
80,001--200,000 sq. ft.
6,800 sq. ft. plus 10 sq. ft. for each 1,000
sq. ft. of net site area over 80,000 sq. ft. *
200,000 +
8,000 sq. ft. is the maximum allowable
*Where division of the net site area by 1000 results in a fractional number the
product shall be rounded up to the next whole number.
(e) Maximum floor area allowed for R-l, HR and A Zone districts. In the Zone
Districts listed below the maximum allowable floor area shall be the lesser of the
Floor Area Standards or the Maximum Floor Area specified as in the following
table:
Zone District
R-1--20,000
HR and A
8,000
15-45.045 Creek protection setbacks.
(a) Purpose, application. Where a protected creek passes through or along a
building site or is otherwise located on the site, and in order to provide for the
future protection of creeks, including creek banks and riparian habitat, building
setbacks for any new construction shall be measured from the top of the creek
bank(s) on the site rather than from the property lines of the site. The required
setback shall be the minimum setback prescribed for the applicable zoning
district.
(b) Existing structures. Any existing structure, which encroaches into the creek
protection setbacks, shall be considered nonconforming, and shall be regulated
by Article 15-65, Nonconforming Uses and Structures. Any new additions to an
existing structure shall comply with the creek protection setbacks requirements.
(c) Accessory structures. Accessory structures may be permitted within a creek
protection setbacks subject to compliance with the special rules as set forth in
Section 15-80.030 of this Chapter.
(d) Location of top of creek bank. The site plans for the proposed new
construction shall show the location of the top of the protected creek bank.
"Creek bank" means the sides of a watercourse, the top of which shall be the
topographic line roughly parallel to stream centerline where the side slopes
intersect the plane of ground traversed by the watercourse. Where creek banks
do not distinguishably end, the City or Santa Clara Valley Water District shall
determine the top of such banks.
15-45.050 Underfloor clearance.
Each new single-family main structure, accessory structures, or additions thereto,
shall be designed to follow the slope of the site so as to reduce the clearance
between ground floor levels and natural or finish grade, whichever measurement
is greater, to not more than five feet. This does not apply to any decks or balcony
above ground floor level (Amended by Ord. 71-106 § 8, 1992; Ord. 71-178 § 3,
1998)
15-45.055 Residential Design Handbook.
All projects for the construction or expansion of a single-family main structure or
an accessory structure shall be consistent with the policies and implementation
techniques described in the City of Saratoga Residential Design Handbook. The
Residential Design Handbook embodies and illustrates the intent of the design
review findings prescribed in Section 15-45.080 of this Article. A copy of the
Residential Design Handbook shall be kept on file and available for public
review at the offices of the Community Development Director. The Residential
Design Handbook was adopted by the City Council on November 2, 1988.
15-45.060 Requirement for design review; public hearing.
(a) In each of the following cases, no building permit shall be issued for the
construction, reconstruction or significant expansion of a single-family main
structure or accessory structure in any A, R-l, HR, or R-OS district until such
structure has received design review approval by the Planning Commission
pursuant to this Article:
(1) Any new multi-story main structure or multi-story accessory structure.
(2) Any conversion of a single-story structure to a multi-story structure, except
where such conversion does not result in any exterior modifications to the
existing structure beyond the installation of skylights in the roof.
(3) Any new single-story structure or addition to a single story structure over
eighteen feet in height.
(4) Whenever design review is specifically required under the terms or
conditions of any tentative or final subdivision map, use permit, variance or
conditional rezoning.
(5) Any main structure to be constructed upon a lot having a net site area of less than five
thousand square feet.
(6) Whenever, as a result of the proposed construction, reconstruction or
expansion, the gross floor area of all structures on the site will exceed six
thousand square feet.
(7) Whenever, in the opinion of the Community Development Director, the
construction, reconstruction or significant expansion of a main or accessory
structure may be incompatible with the neighborhood, or may create a
perception of excessive mass or bulk, or may unreasonably interfere with views
or privacy, or may cause excessive damage to the natural environment, or may
result in excessive intensification of the use or development of the site.
(8) Whenever as a result of reconstruction, replacement or expansion of a single
story structure over eighteen feet in height or multi-story main or accessory
structure more than 50% of existing exterior walls are removed. The
reconstruction of more than 50% of the existing exterior walls of a single story
structure over eighteen feet in height or a multi-story main structure or an
accessory structure shall be processed as new construction and considered a new
structure.
(b) A public hearing on the application for design review approval under this
Article shall be required. Notice of the public hearing shall be given not less than
ten days nor more than thirty days prior to the date of the hearing by mailing,
postage prepaid, a notice of the time and place of the hearing to the applicant
and to all persons whose names appear on the latest available assessment roll of
the County as owning property within five hundred feet of the boundaries of the
site which is the subject of the application. Notice of the public hearing shall also
be published once in a newspaper having general circulation in the City not later
than ten days prior to the date of the hearing. (Amended by Ord. 71.98 § 11, 1991;
Ord. 71.113 § 10, 1992; Ord. 71-179 § 1, 1998)
15-45.065 Administrative design review.
(a) In each of the following cases, no building permit shall be issued for the
construction, reconstruction, replacement or significant expansion of a single-
family structure or structure in any A, R- 1, HR, or R-OS district until such
structure has received administrative design review approval by the Community
Development Director, pursuant to this Article:
(1) New single-story residences and accessory structures greater than 250 square
feet in gross floor area.
(2) Major additions in size, defined as:
(a) The expansion or reconstruction of, 50% or more of an existing main or
accessory structure.
(b) A one hundred square feet or greater addition to or reconstruction of one
hundred square feet or more of the second story of a main or accessory
structure.
(c) The removal and replacement of 50% or more of the exterior walls of a main
or accessory structure. The reconstruction of more than 50% of the existing
exterior walls of a structure or an accessory structure shall be processed as
new construction and considered a new structure.
(3) Addition of a basement to an existing structure and enlargement of basements.
(b) The application for administrative design review approval shall comply with
Section 15-45.070. The Community Development Director shall not grant design
review approval unless the findings set forth in Section 15-45.080 have been
made.
(c) If the Community Development Director intends to approve the application, a
"Notice of Intent to Approve" will be mailed to all property owners within 250
feet of the subject property and to others as deemed appropriate. All interested
parties will have IS-calendar days from the date of the "Notice of Intent to
Approve" in which to review the application and provide written comments to
the Community Development Director. The Community Development Director
shall approve or deny the application within IS-days of the close of the review
period and shall mail notice of the decision to the applicant and to any party that
has requested a copy of such notice. The Community Development Director's
decision is appealable to the Planning Commission within IS-calender days of
the Director's decision to approve the application. The Planning Commission at a
public hearing will review any appeal. Notwithstanding, Section 15-45.110 or
Section 15-90.020, the decision of the Planning Commission on the appeal shall
be final and not subject to appeal to the City Council.
(d) If the application is not approved by the Community Development Director,
then the applicant may file an appeal within 15 calendar days of the Community
Development Director's decision or deadline to render a decision and have the
application heard by the Planning Commission at a de novo public hearing.
15-45.070 Application requirements.
(a) Application for Design Review approval, or Administrative Design Review
approval shall be filed with the Community Development Director. The
application shall include the following exhibits:
(1) Site plan showing property lines, easements and dimensions, all existing and
proposed structure setbacks, building envelope, existing and proposed fencing,
topography, location of all trees over twelve inches in diameter as measured two
feet above grade, and areas of dense vegetation and creeks and creek banks. The
site plan shall be oriented with north towards the top of the page. The scale of
the drawing shall be clearly noted. The site plan shall be prepared and stamped
by a Licensed Land Surveyor or Registered Civil Engineer authorized to conduct
surveys.
(2) A statement of energy conserving features proposed for the project. Such
features may include, but are not limited to, use of solar panels for domestic hot
water or space heating, or production of electricity, passive solar building design,
insulation beyond that required under State law, insulated windows, or solar
shading devices. Upon request, the applicant shall submit a solar shade study if
determined necessary by the Community Development Director.
(3) Architectural elevations of the existing and proposed structures showing
exterior materials, roof materials and window treatment. The scale of the
elevations shall be clearly noted.
(4) Cross sections for all projects located on a hillside lot, together with an aerial
photograph of the site if requested by the Community Development Director.
The scale of the cross sections shall be clearly noted.
(5) Engineered grading and drainage plans, including cross sections if the
structure is to be constructed on a hillside lot. Disposition of on-site storm water
shall be consistent with the provisions of the Santa Clara Valley Urban Runoff
Pollution Prevention Program requirements. The scale of the grading and
drainage plans shall be clearly noted.
(6) Floor plans that indicate total gross floor area, determined in accordance with
Section 15-06.280 of this Chapter. A small-scale schematic demonstrating how the
total floor area was calculated shall be provided.
(7) Roof plans which show ridges, valleys and skylights.
(8) Landscape plans showing landscape design, plant selection and irrigation
design that conforms to the provisions of Article 15-47 of this code and with the
provisions of the Santa Clara Valley Urban Runoff Pollution Prevention Program
requirements.
(9) Preliminary title report, not more than six months old, listing all parties
having any interest in the property. The preliminary title report shall also show
any easements, encumbrances and restrictions, which benefit or burden the
property.
(10) Such additional exhibits or information as may be required by the
Community Development Director in order to allow the City to determine
whether the findings set forth in section 15-45.080 can be made. All exhibits shall
be drawn to scale, dated and signed by the person preparing the exhibit. Copies
of all plans to be submitted shall consist of two sets drawn on sheets eighteen
inches by twenty-eight inches in size and eleven reduced sets on sheets eleven
inches by seventeen inches in size.
(11) A geotechnical clearance as defined in Section 15-06.325 of this Code, if
required by the Public Works Director.
(12) A written statement describing how the proposed project is consistent with
the required design review policies and techniques shall be provided at the time
of application.
(13) The cover or title sheet shall contain a technical data box containing the
following information:
(a) Owners name, address and phone number.
(b) The General Plan Land Use designation and Zoning of the
property.
(c) The Assessor's Parcel Number of the property.
(d) Gross and net site area of the property.
(e) Site coverage, setbacks and floor area.
(f) Square footage of proposed new construction
(g) Square footage of any structures proposed to be demolished.
(14) A written statement verifying that each adjoining landowner and the
landowners in general vicinity have been consulted regarding the specific plans
for the proposed project and describing the process used for these consultations.
b) The application shall be accompanied by the payment of a deposit to cover the
cost of processing the application. The amount of the deposit is set by City
Council Resolution and may change from time to time. All time and material
used to process the application shall be charged against the deposit. If during the
processing of such proposed project the deposit amount has been reduced to 20%
of the initial deposit amount an additional deposit will be required. If there are
funds remaining after the proposed project has been approved the remaining
funds shall be returned.
15-45.080 Design review findings.
Design Review or Administrative Design Review approval shall not be granted
unless all of the following findings have been made in the affirmative by the
reviewing authority:
(a) Avoid unreasonable interference with views and privacy. The height,
elevations and placement on the site of the proposed main structure or accessory
structure, will avoid unreasonable interference with views and privacy, when
considered with reference to: (i) the nature and location of residential structures
on adjacent lots and within the neighborhoods; and (ii) community viewsheds
(b) Preserve natural landscape. The natural landscape will be preserved insofar
as practicable by designing structures to follow the natural contours of the site
and minimizing tree and soil removal; grade changes will be minimized and will
be in keeping with the general appearance of neighboring developed areas and
undeveloped areas.
(c) Minimize perception of excessive bulk. The proposed main structure or
accessory structure in relation to structures on adjacent lots, and to the
surrounding region, will minimize the perception of excessive bulk and will be
integrated into the natural environment.
(d) Compatible bulk and height. The proposed main structure or accessory
structure will be compatible in terms of bulk and height with (i) existing
residential structures on adjacent lots and those within the immediate
neighborhood and within the same zoning district; and (ii) the natural
environment; and shall not (i) unreasonably impair the light and/or air of
adjacent properties nor (ii) unreasonably impair the ability of adjacent properties
to utilize solar energy.
(e) Current grading and erosion control methods. The proposed site
development or grading plan incorporates current grading and erosion control
standards adopted by the City and/or imposed by the Santa Clara Valley Urban
Runoff Pollution Prevention Program.
(f) Design policies and techniques. The proposed main structure or accessory
structure will conform to each of the applicable design policies and techniques
set forth in the Residential Design Handbook and as required by Section 15-
45.055. (Amended by Ord. 71.99 § 27, 1991)
15-45.085 Off Site Improvements.
The findings specified in section 15-45.080 may be made subject to conditions
reasonably related to the project and to the findings required for approval.
Conditions may include, but are not limited to, the following:
(a) Construction or repair of curb, gutters and sidewalks.
(b) Water or sewer main extensions.
(c) Storm drain installation.
(d) Dedication of property or easements for utilities, street lighting, public
right-of-way, trails, etc.
(e) Installation of street trees.
(f) Completion of street widening paving to property line.
(g) Repair or reconstruction of street paving prior to the issuance of a
certificate of occupancy.
(h) Undergrounding of existing overhead utility lines from closest exiting
distribution pole to the new structure.
(i) Improvements to water delivery systems as required by the Fire District
or Water Company to ensure both adequate domestic and fire flow.
G) Installation of fire hydrants as required by the Fire District
15-45.090 Expiration of Design Review approval; extension; tolling of
time period.
(a) Each design review approvals granted pursuant to this Article shall expire
thirty-six months from the date on which the approval became effective, unless
prior to such expiration date a building permit is issued and construction
commenced. If such building permit expires, and the Building Official does not
renew the building permit within 180-days after expiration, the Design Review
approval shall expire.
(b) A design review approvals may be extended for a period of twelve by the
Community Development Director. Any application for extension shall be filed
prior to the expiration date, and shall be accompanied by the payment of a fee in
such amount as established from time to time by resolution of the City Council.
Extension of design review approval is not a matter of right and the approving
authority may deny the application or grant the application subject to conditions.
Neither the period of time specified in subsection (a) of this Section nor any
extension period shall include the period of time during which a lawsuit
involving the approval or conditional approval of the design review is or was
pending in a court of competent jurisdiction.
(c) A design review approvals in conjunction with an approved tentative
subdivision map or approved use permit, or both, may be extended for a period
or periods of time not to exceed the time authorized under section 14-20.080(b) or
Section 15-55.090(b) of this Code, respectively. The application for extension shall
be filed in the manner prescribed in, and shall be reviewed in accordance with
the standards set forth in, Section 14-20.080(b) or Section 15-55.090(b) of this
Code, respectively. (Amended by Ord. 71-119 § 1 (part), 1993)
15-45.110 Appeals to City Council.
Except as otherwise specified in this Article, a decision or determination made by
the Planning Commission under this Article may be appealed to the City Council
in accordance with the procedure set forth in Article 15-90 of this Chapter.
VARIOUS INDIVIDUAL SECTIONS OF THE SUBDIVISION ORDINANCE
ARE AMENDED TO READ:
14-05.020 Purposes of Chapter.
The purposes of this Chapter shall be to promote and protect the public health,
safety and general welfare, including the following more specific purposes:
(a) To regulate and control the division of land and the development of single
undivided sites within the City.
(b) To implement and supplement the provisions of the State Subdivision
Map Act with respect to the design and improvement of subdivisions, the form
and content of maps, and the procedures to be followed in securing approval by
the City of such maps.
(c) To promote orderly growth and development, preservation of open space,
and proper use of land.
(d) To provide for adequate services and public facilities and proper traffic
circulation.
(e) To implement the goals and policies of the City's General Plan and any
applicable specific plan.
14-05.030 Conformity with General Plan and Zoning Ordinance.
(a) Nothing contained in this Chapter, nor any act or forbearance done or
permitted hereunder, shall waive or relieve compliance with any other ordinance
of the City. Neither final map approval shall be granted for any lot, site or
subdivision which is not in conformity with the Zoning Ordinance as contained
in Chapter 15 of this Code, or which has been or is created in violation of such
Zoning Ordinance, or which is not consistent with the General Plan or any
applicable specific plan, or for any intended use which would not be in
conformity with the district regulations in which said lot, site or subdivision lies
at the time of final approvaL
(b) The advisory agency may, but need not, tentatively approve a map for lot
sizes or uses contrary to existing zoning regulations governing the lot, site or
subdivision, in contemplation of a change in zoning regulations to make such
lots or uses conform therewith, but only after recommending such change to the
City Council after public hearing thereon in accord with the Zoning Ordinance,
and so long as it is still consistent with the General Plan and any applicable
specific plan. Any such tentative approval shall be at the sole risk of the
subdivider or owner, and shall not become binding on the City for any purpose
unless and until such change in zoning regulations is legally and finally adopted.
14-05.040 Designation of advisory agency.
(a) The Planning Commission is hereby designated as the advisory agency for all
decisions and determinations under this Chapter.
(b) There is hereby delegated to the advisory agency the power to approve,
conditionally approve or disapprove tentative maps, together with extensions
and modifications thereof, the power to determine consistency or lack of
consistency of a proposed tentative map with the General Plan and any
applicable specific plan, and without limiting the foregoing, the power to make
the determinations prescribed in Sections 66473.5, 66474 and 66474.6 of the
Subdivision Map Act.
14-05.050 Fees and deposits.
(a) Each applicant for any approval or other action pursuant to this Chapter shall
pay to the City such fees and deposits as established from time to time by
resolution of the City Council, including, but not limited to the following:
(1) Filing fee for the processing and review of the application.
(2) Deposit for the cost of noticing any public hearing to be conducted.
(3) Environmental assessment fee and deposit for the cost of an environmental impact
report, if required.
(4) Public health service fee.
(5) Administrative fee and deposit for the cost of geological analysis, if
required.
(6) Improvement plan checking fee.
(7) Inspection fee.
(8) Map checking fee.
(9) Storm drainage fee, if applicable.
(10) Park and recreation fee, if applicable.
(11) Street light service and energy fee, if applicable.
(12) Fire hydrant service fee, if applicable.
(13) Recording fees.
Such fees and deposits or portions thereof shall be paid at the time or times
specified in the resolution of the City Council, or if not so specified, at the time or
times as determined by the Community Development Director. The Applicant
shall also pay to the City, at such time as specified by the Community
Development Director any fees and costs as may be charged by other public
agencies for the review of any application, drawing, plan or other document
submitted pursuant to this Chapter which is furnished by the City to such other
agencies for comment or approval.
14-05.060 Exclusions from Chapter.
This Chapter shall not apply to any of the following:
(a) The financing or leasing of apartments, offices, stores or similar space within
apartment buildings, industrial buildings, commercial buildings or mobile home
parks, or the financing or leasing of existing separate commercial or industrial
buildings on a single site.
(b) Mineral, oil or gas leases.
(c) Land dedicated for cemetery purposes under the State Health and Safety
Code.
(d) The construction, financing or leasing of a second unit for which a use permit
is granted pursuant to Article 15-56 of the Zoning Ordinance, but this Chapter
shall be applicable to the sale or other transfer of ownership of such units where
the sale or transfer does not include the entire site upon which the second unit is
located.
(e) Short term leases, terminable by either party on not more than tlúrty days notice
in writing, of a portion of the operating right-of-way of a railroad corporation
defined as such by Section 230 of the State Public Utilities Code.
(f) Any division, conveyance, development, financing or leasing of land by
the City.
(g) Land conveyed to or from a governmental agency, public entity (other than
the City) or public utility, or land conveyed to a subsidiary of a public utility for
conveyance to such public utility for rights-of-way, unless it is determined by the
Community Development Director that the public interest or public policy
requires the application of this Chapter to such conveyance.
14-10.020 Advisory agency.
"Advisory agency" means the official body charged with the duty of making
investigations and reports on proposed subdivisions, imposing requirements or
conditions thereon, and having the authority to grant or deny tentative
subdivision approval. The advisory agency shall be the Planning Commission, as
designated in Section 14-05.040 of this Chapter.
14-10.090 Final map.
"Pinal map" means a map showing a subdivision for which a tentative and final
map is required by the Map Act or this Chapter, prepared and approved in
accordance with the provisions of the Map Act and this Chapter and designed to
be recorded in the office of the County Recorder.
14-10.330 Tentative map; vesting tentative map.
(a)Tentative map means a map made for the purpose of showing the design and
improvement of a proposed subdivision and the existing conditions in and
around it.
14-15.030 Building and grading permits.
No building or grading permit shall be issued for construction of improvements
upon any site for which a subdivision map approval is required under this
Chapter, until an approved final map has been filed for record with the County
Recorder.
14-15.040 Certificates of occupancy.
No final certificate of occupancy shall be issued until all streets, curbs, gutters,
utility services, sewer and storm drain facilities and other subdivision or site
improvements as required by the tentative map approval, are installed and
completed to the satisfaction of the City Engineer and the Community
Development Director.
14-20.010 Application of Article.
The procedures and requirements set forth in this Article shall apply to all
applications for tentative subdivision map approval.
14-20.020 Preliminary geologic report.
The Community Development Director may require the applicant to submit a
preliminary geologic and soils investigation report on the site, prepared by a
certified engineering geologist or a registered civil engineer qualified in soil
mechanics, prior to the acceptance of any application for tentative map approval
for a hillside subdivision or for a hillside lot or in any other case where the
Community Development Director deems such report to be necessary or
appropriate. The geologic and soils report shall fully and clearly present:
14-20.030 Filing application for tentative approval.
Applications for tentative subdivision map approval shall be filed with the
Community Development Director on such forms as he or she may prescribe.
The Community Development Director shall examine the application and the
documents submitted therewith, and shall not accept the same until all of the
requirements of this Article with respect to the form, content and number of
maps, information to be furnished and documents to be submitted with the
application have been fully satisfied and all fees and costs due and payable at the
time of filing the application have been paid in fulL The time of filing the
application shall be the date on which the application is accepted by the
Community Development Director as being complete.
14-20.040 Contents of application.
Eighteen copies of the proposed tentative subdivision map shall be submitted to
the Community Development Director. Additional copies may be required for
transmittal to the designated official of any adjoining local agency, which has
requested the same as provided in the Map Act. In the event the State
Department of Transportation has filed the requisite map with the City relating
to existing or proposed State highway routes upon which it believes subdivisions
would have an effect and the property is located within the area covered by such
map, two additional copies of the tentative map shall also be filed, which shall be
transmitted by the advisory agency to the district office of such Department with
a statement that the advisory agency will consider any recommendation of said
Department made within fifteen days after receipt by it of said copies of the map.
The tentative map shall be clearly and legibly drawn by a registered civil
engineer or licensed land surveyor. It shall have a dimension of not less than
eighteen inches by twenty-six inches, and the scale shall be as follows: One inch
shall be equal to twenty feet for a subdivision of two or less acres; one inch shall
be equal to fifty feet for a subdivision of two acres through twenty acres; and one
inch shall be equal to one hundred feet for all subdivisions over twenty acres in
area. The tentative map shall contain, or be accompanied by, the following
information:
(a)The name of any existing recorded map applicable to the subdivision, the date
of recording such map, and the book and page of the official records where such
map is recorded.
(w) A preliminary geologic and soils report as described in Section 14-20.020 of
this Article, unless such report has already been furnished prior to the filing of
the application; provided, however, where the average slope of the proposed
subdivision does not exceed ten percent, the Community Development Director
may require such report to be submitted with the improvement plans for the
subdivision or site as part of the application for building permit; and provided,
further, that the Community Development Director may waive the requirement
of a preliminary geologic report if he or she determines that, due to the available
knowledge of the City as to the soil qualities of the site, no such preliminary
geologic report is necessary.
z) When requested by the Community Development Director, a scale drawing of
the surrounding area for a distance of at least five hundred feet from each
boundary of the proposed subdivision or building site, indicating the names and
last known addresses of the owners of all property located within five hundred
feet of such boundaries, as shown the latest available assessment roll of the
County.
In addition to the foregoing, the Community Development Director may require
the applicant to submit such additional maps, documents, information and
materials as the Community Development Director deems necessary for the
review, processing and evaluation of the proposed tentative map approval. If
any such additional maps, documents, information or materials are required, the
Director shall so advise the applicant in writing within thirty days from the filing
of the application
14-20.050 Distribution for review; departmental reports.
(a) Distribution. Upon receipt of the application and acceptance thereof as being
complete, the Community Development Director shall distribute the map or site
drawing and accompanying documents to the following persons and agencies:
(b) Departmental reports. Upon receipt of the map or drawing and other
documents, each of said persons and agencies shall make an investigation and
written report to the advisory agency, setting forth any recommended
conditions. The Community Development Director shall also cause a written
staff report to be prepared and submitted to the advisory agency and shall
furnish the applicant with a copy of such report not later than three days prior to
any hearing on the application to be conducted by the advisory agency. The
reports referred to herein shall include, but need not be limited to, the following:
14-20.060 Public hearing by advisory agency; notice.
The advisory agency shall conduct a public hearing on the application for
tentative subdivision approval. Notice of the hearing shall be given not less than
ten days nor more than thirty days prior to the date of the hearing by mailing,
postage prepaid, a notice of the time and place of the hearing to the applicant
and to all persons whose names appear on the latest available assessment roll of
the County as owning property within five hundred feet of the boundaries of the
subdivision or site which is the subject of the application. Notice of the public
hearing shall also be published once in a newspaper having general circulation in
the City not later than ten days prior to the date of the hearing.
14-20.070 Action by advisory agency; £in dings.
(a) Within fifty days after the application is accepted as complete, unless such
time is extended by mutual consent of the advisory agency and the applicant, the
advisory agency shall approve, conditionally approve or disapprove the
application for tentative map approval, and shall report such action to the
applicant. A copy of said report shall be kept on file in the City offices for a
period of not less than five years, and in all events, until final acceptance of
construction of improvements and the termination of the applicant's
responsibility to maintain such impr<?vements.
14-20.080 Expiration of tentative approval; extensions.
(a) An approved or conditionally approved tentative subdivision map approval
shall expire twenty-four months from the date on which the advisory agency, or
the City Council on appeal, granted its approval or conditional approval.
(b) An extension of the expiration date may be granted by the advisory agency
for a period or periods of time not exceeding thirty-six months. The application
for extension shall be filed prior to the expiration date, and shall be accompanied
by the payment of a fee in such amount as established from time to time by
resolution of the City Council. A public hearing shall be conducted on the
request for extension and notice thereof shall be given in the same manner as
prescribed in Section 14-20.060 of this Article. Extension of tentative map
approval is not a matter of right and the advisory agency may deny the
application.
14-25.070 Preservation of existing trees.
(a) No native, ornamental or orchard trees required to be shown on the
application for tentative map approval under Subsection 14-20.040(v) of this
Chapter shall be removed or destroyed without a prior permit to do so issued by
the Community Development Director pursuant to Article 15-50 of the Zoning
Ordinance, unless such removal is specifically authorized as part of the tentative
approval granted under this Chapter. No such trees may be removed or
destroyed prior to the filing of an application for tentative map approval with the
intent of circumventing the requirements of this Chapter.
(b) The advisory agency may deny approval of any application for tentative map ef
approval, and revoke any previous such approval, upon the violation of this
Section by the subdivider or owner.
(c) The approval of a tentative map by the advisory agency shall automatically
constitute authorization to remove all trees within all portions of street rights-of-
way which are to be improved, and to remove trees from the area as designated
by the subdivider or owner to be covered by the envelope of the proposed
structure or structures to be erected on the lot or site, and the area of the
proposed driveway on the lot or site.
14-25.080 Park and recreation dedication and fees.
(a) Purpose, application and exemptions. As a condition of each final map
approval, and to be detailed in the conditions of tentative map, every subdivider
or owner shall be required to, and shall dedicate a portion of land or pay a fee in
lieu thereof, or a combination of both at the option of the City, for the purpose of
providing park or recreational facilities reasonably related to serving the
development and in accord with the standards and provisions as hereafter set
forth. The provisions of this Section are enacted pursuant to Section 66477 of the
Government Code and are hereby found to be in accord with the recreational
element of the General Plan. The requirements of this Section shall not apply to
any of the following:
c) Fees in lieu of land dedication. In the event there is no park or recreational
facility designated in the recreational element of the General Plan to be located in
whole or in part within the proposed subdivision or site, or in the event that the
proposed subdivision contains fifty or less lots or parcels, then the subdivider or
owner shall pay a fee to the City in lieu of dedicating land, which shall be in an
amount equal to the fair market value of the amount of land which would
otherwise be required to be dedicated pursuant to Paragraph (b) of this Section.
"Pair market value", as used herein, shall be either the average estimated fair
market value for all residentially zoned real property located in the City, or the
fair market value of the land in the subdivision or site, based upon its then
assessed value modified to equal market value in accord with the current
practices of the County assessor and as determined by the, Community
Development Director whichever shall be the greater.
(f) Property not included in General Plan. Where the proposed subdivision lies
within an urban service area not yet shown and delineated on the General Plan
of the City, by reason of it not having been a part of the City at the time of the
adoption of the General Plan, but intended to be included within the General
Plan, the subdivider or owner shall dedicate land, or pay a fee in lieu thereof, or
both, in accord with the adopted park and recreational policies and standards of
the General Plan and the provisions of this Section, and whether land dedication,
or fee in lieu thereof, or a combination of both shall be required, shall be
determined upon consideration of the following:
14-25.090 Reservations.
(a) Requirement for reservation of land. As a condition for tentative map
approval, the advisory agency may require the subdivider or owner to reserve an
area or areas within the subdivision or site for parks, recreational facilities, fire
stations, libraries or other public uses, according to the standards and conditions
set forth in this Section.
(c) Contract with City. At the time of final map approval, the City shall enter into
a binding agreement to acquire the reserved land within two years after the
completion and acceptance of all improvements, unless such period of. time is
extended by mutual agreement. The purchase price shall be the market value of
the reserved land at the time of filing the application for tentative map approval,
plus taxes against the reserved land from the date of the reservation and any
other costs incurred by the subdivider or owner in the maintenance of the
reserved land, including interest costs incurred on any loan covering the
reserved land.
(e) Other authority not limited. The authority of the City under this Section is
additional to all other authority under this Chapter, or granted by law to local
agencies, relating to subdivisions approvals and shall in no way be construed as
a limitation on or diminution of any such authority
14-25.100 Site development plan.
(a) Site development plan required. At the time of filing an application for
tentative map approval for a hillside subdivision, or any subdivision containing
a hillside lot, the applicant shall also submit a site development plan for the
subdivision or lot. In addition, the Community Development Director or the
advisory agency may require a site development plan to be furnished for any
commercial or multi-family project or because of the peculiarity of the terrain or
changes in grade or other circumstances relating to the site or the surrounding
area although the average slope of the subdivision, lot or site does not exceed ten
percent.
(b) Form and content of site development plan. The site development plan may
be incorporated into and constitute a part of the tentative map or drawing, or it
may be submitted as a separate document. The site development plan shall
include the following:
(1) A legible site plan showing any or all of the following information, as may be
required by the Community Development Director existing and proposed
location of all streets, sidewalks, on-street and off-street parking, bicycle paths,
riding trails, hiking trails, buildings and other man-made structures; areas of soil
stability; planting; typical architectural elevations sufficient to show building
height, materials, colors and general design; and a table listing land coverages by
percentage and acreage for the following: Open space (landscaped and natural),
coverage by principal and accessory structures, parking (covered, uncovered, off-
street), streets, sidewalks, paths and recreational facilities.
(c) Approval of site development plan. Where a site development plan is
required to be filed in accord with this Section, no tentative subdivision map
approval shall be granted by the advisory agency until tentative approval
thereby of the site development plan, which approval may be prior to or
simultaneously with the approval of the tentative map. At or prior to the filing of
the final map with the City for approval, a final site development plan shall be
prepared and filed with the Community Development Director substantially in
accord with the approved tentative site development plan. Where a site
development plan is required to be filed in accord with this Section, no final
subdivision map approval shall be granted by the City Council unless and until
the final site development plan is submitted to the Community Development
Director and approved by said Director. Notwithstanding the foregoing, if in the
opinion of the advisory agency it would be preferable to postpone that portion of
the site development plan which would consist of the final grading plan at the
location of each building site, the same may be postponed so long as a notation
of such postponement is placed upon the face of the final subdivision or parcel
tank methods, or any other method other than by connection to a sanitary sewer
system.
14-30.060 Trees.
The subdivider or owner shall plant trees on each lot or site and maintain them
for a minimum of one year after planting. All such trees shall be of a number,
variety and type as determined or approved by the advisory agency, which may
delegate such authority in any particular instance to the Community
Development Director. Any such trees, which may be planted in a street right-
of-way, shall constitute encroachments subject to removal in accordance with
Article 10-20 in Chapter 10 of this Code.
14-50.010 Application.
Application for a lot line adjustment shall be filed with the Community
Development Director on such form, as he or she shall prescribe. The application
shall be signed by the owners of all properties, which are the subject of the
proposed lot line adjustment. The Community Development Director shall
examine the application and shall not accept the same until all of the
requirements of this Article with respect to the form and content of the
application and the documents to be submitted therewith have been fully
satisfied and all fees and costs due and payable at the time of filing the
application have been paid in full. The time of filing the application shall be the
date on which the application is accepted by the Community Development
Director as being complete.
14-50.020 Contents of application.
(m) In addition to the foregoing, the Community Development Director may
require the applicant to submit such additional documents, information and
materials as the Director deems necessary for the review, processing and
evaluation of the proposed lot line adjustment. If any such addWonal documents,
information or materials are required, the Director shall so advise the applicant
in writing within thirty days from the filing of the application.
map, in which case no building permit may be issued for any site unless and
until a subsequent final grading plan is submitted to and approved by the
advisory agency.
14-25.110 Early warning fire alarm system.
(b)Residential structures. As a condition for tentative map under this Chapter,
the advisory agency shall require the installation of an early warning fire alarm
system in accordance with Article 16-60 in Chapter 16 of this Code, and the
connection of such system to the digital alarm communicator receiver
maintained by the Saratoga Fire District, in each of the following cases:
(c) Commercial structures and community facilities. When so required by the
Chief of the Fire District having jurisdiction over the project, the advisory agency
shall impose as a condition for tentative map approval under this Chapter, the
installation of an early warning fire alarm system in accordance with Article 16-
60 in Chapter 16 of this Code, and the connection of such system to the digital
alarm communicator receiver maintained by the Saratoga Fire District, in new
commercial structures or community facilities, or an existing commercial
structure or community facility which is expanded by fifty percent or more in
gross floor area. As used herein, the term "commercial structure" includes, but is
not limited to, office buildings, retail stores, restaurants, repair shops, and
industrial buildings, and the term "community facility" includes, but is not
limited to, schools, theatres, churches, meeting halls and conference centers. In
determining whether to require installation of such system, the Fire Chief shall
be guided by the following considerations:
14-30.030 Storm water and sewage.
(d) Sanitary sewers. The subdivider or owner shall connect the subdivision and
each of the lots thereof or the building site to the facilities of such sanitation or
sanitary district as has jurisdiction, by the installation of such additional mains
and laterals as is necessary in the opinion of the Health Officer to adequately
sewer the same by sanitary sewers. In the event the subdivision or the building
site or any part thereof is not within the boundaries of a sanitation or sanitary
district, the advisory agency may require annexation to or otherwise inclusion in
such a district as a condition of tentative map approvaL Sanitary sewers shall be
installed to grades, standards, location, design, lengths and sizes, as approved by
the sanitation engineer for the district having jurisdiction, and in accord with all
laws and regulations of said district. Other than as might be permitted under
Article 14-35 of this Chapter, disposal of sanitary sewage may not be by septic
14-50.030 Investigation and report by Community Development
Director.
(a) The Community Development Director may transmit a copy of the
application to such persons and agencies as he or she may deem appropriate for
review and recommendations thereon, including, but not limited to, the Health
Officer, the Santa Clara Valley Water District, the sanitation and fire districts
having jurisdiction, and any utility companies.
(b) Upon receipt of any recommendations from the persons and agencies referred
to in subsection (a) of this Section and completion of his own review and analysis
of the application, the Community Development Director shall cause a written
staff report to be prepared and submitted to the advisory agency and shall
furnish the applicant with a copy of such report not later than three days prior to
the date on which the application is first considered by the advisory agency.
14-60.010 Improvement agreement.
Prior to the commencement of any improvement work, the owner of the
subdivision or building site shall enter into a written agreement with the City,
which shall contain the following provisions:
(a) That all improvements will be constructed in accordance with the plans
and specifications as previously approved by the City Engineer, and will
be satisfactorily completed within one year from the date of final
subdivision approval (or such other date as may be specified in the
agreement).
(g) Such other terms, covenants, conditions or provisions as the City Council,
the City Engineer or the Community Development Director may deem
necessary or appropriate.
14-65.020 Notice of intended merger.
Whenever the Community Development Director believes that a parcel or unit of
land may satisfy the requirements set forth in Section 14-65.010 and ought to be
merged, or whenever the Planning Commission or the City Council makes such
determination and instructs the Community Development Director to initiate
proceedings under this Article, the Director shall cause to be mailed by certified
mail to the then current owner of the property a notice of intention to determine
status, notifying the owner that the affected parcels may be merged pursuant to
the standards of this Article, and advising the owner of the opportunity to
request a hearing on determination of status and to present evidence at the
hearing that the property does not meet the criteria for merger. The notice of
intention to determine status shall be filed for record in the office of the County
Recorder on the date such notice is mailed to the property owner.
14-65.030 Request for hearing; notice.
At any time within thirty days after recording the notice of intention to
determine status, the owner of the affected property may file with the
Community Development Director a request for a hearing on determination of
status. Upon receiving such request, the Director shall fix a time, date and place
for a hearing to be conducted by the Planning Commission and shall so notify
the property owner by certified mail. The hearing shall be conducted not less
than sixty days following the Director's receipt of the property owner's request
therefor, but may be postponed or continued with the mutual consent of the
Planning Commission and the property owner.
14-70.020 Form of petition; fee.
(a) The petition shall be filed with the Community Development Director on
such form as he or she may prescribe and shall contain or be accompanied by the
following information:
(1) Adequate evidence of title to the real property within the subdivision.
(2) Sufficient data to enable the City Council to make all of the determinations
and findings required by this Article.
(3) A final map, which delineates dedications, which will not be vacated, and
dedications, which are a condition to reversion.
(4) Such other pertinent information as may be required by the Community
Development Director or the City Council.
(b) The petition shall be accompanied by the payment of a processing fee, in such
amount as established from time to time by resolution of the City Council,
together with a deposit for the cost of noticing the public hearing required under
Section 14-70.030 of this Article.
14-75.030 Vacancy surplus required.
(b) Prior to submitting the application for tentative map approval for a
conversion to community housing, the applicant shall furnish to the Community
Development Director a current survey of all existing rental apartments and
community housing units in the City, showing the vacancy rate. The form and
content of the survey shall be subject to approval by the Director. The Director
shall not accept the application unless the survey, as approved by the Director,
establishes the existence of a vacancy surplus as required by this Article.
14-80.020 Rights of vesting tentative map; expiration and extension.
(a) The approval or conditional approval of a vesting tentative map shall confer a
vested right to proceed with the development in substantial compliance with the
ordinances, policies and standards of the City in effect as of the time the
application for tentative map approval was determined by the Community
Development Director to be complete; provided, however, in the event Section
66474.2 of the Government Code is repealed, such approval shall confer a vested
right to proceed with the development in substantial compliance with the
ordinances, policies and standards in effect at the time the vesting tentative map
is approved or conditionally approved.
14-90.010 Duty to enforce.
(b) Other than as set forth in Paragraph (a) of this Section, the Community
Development Director shall have the duty and responsibility to enforce
the provisions of this Chapter. For this purpose, he or she may call upon
the Community Service Officers to issue citations and upon the City
Attorney to prosecute criminal proceedings and to institute civil
proceedings to enforce this Chapter.
Section 3.
Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-
paragraph, sentence, clause and phrase of this ordinance is severable and
independent of every other section, sub-section, sentence, clause and phrase of
this ordinance. 1£ any section, sub-section, paragraph, sub-paragraph, sentence,
clause and phrase are held invalid, the City Council declares that it would have
adopted the remaining provisions of this ordinance irrespective of the portion
held invalid, and further declares its express intent that the remaining portions of
this ordinance should remain in effect after the invalid portion has been
eliminated.
Section 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 16 day of July, 2003, and was
adopted by the following vote following a second reading on the 3rd day of
September, 2003:
AYES: Councilmembers Stan Bogosian, Kathleen King, Norman Kline,
Vice Mayor Ann Waltonsmith, Mayor Nick Streit
NOES: None
ABSENT: None
ABSTAIN: None
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Nick Streit, Mayor
City Of Saratoga, California
APPROVED AS TO FORM:
_____ -__ ......... ~_ ,\.~.Dl
Richard Taylor, City Attorney