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HomeMy WebLinkAboutNS-3.47 ORDINANCE NO. NS 3.47 AN ORDINANCE OF THE CITY OF SARATOGA REQUIRING DESIGN REVIEW OF PROPOSED ONE-FAMILY RESIDENTIAL STRUCTURES AND MAJOR ADDITIONS THERETO, AND ESTABLISHING STANDARDS FOR THE APPROVAL THEREOF The City Council of the City of Saratoga does hereby ordain as follows: Section 1: Statement of'Policies and Findings It is the policy of the City of Saratoga to review the construction of one-family detached residential structures and major additions thereto under circumstances where such structures or major additions would constitute an invasion of privacy, unreasonable interference with views, light and air, and create adverse impact upon the aesthetic character of neighboring residen- tial structures. It is also the policy of the City of Saratoga to preserve natural topography, promote the construction of energy efficient residential structures, to minimize the coverage of residential structures upon building sites, and to insure that the objectives of the General Plan are met through Design Review. The City Council finds that effective implementation of the foregoing policies requires review and revision of existing zoning ordinances regulating the height, set-backs and bulk of one-family detached main structures and revision of existing procedures and standards for DeSign Review. Section 2: Purpose The purpose of this Ordinance is to establish a set of criteria, objectives and procedures to be followed with respect to the design review of any proposed one-family detached maih structure, or major addition thereto, and to ensure that new development occurs in a manner which is consistent with the policies of the General Plan. Section 3: Definitions For the purposes of this Ordinance, certain words~and terms used herein shall be defined as follows: (a) The term "site" shall have the same meaning as set forth in Section 1.5, subparagraph "ss" of Ordinance NS-3. (b) The term "main structure" shall have the same meaning as set forth in Section 1.5, subparagraph "aaa" of Ordinance NS-3. (c) The term "multi-story structure" shall have the same meaning as set forth in Section 1.5, subparagraph "aaa-l" of Ordinance NS-3. (d) The term "hillside lot" shall mean any site having an average slope of ten percent (10%) or greater. (e) The "height" of a structure shall be measured by a vertical line from the highest point of the roof to either the natural grade or the finish grade (excluding non-visible basements), whichever distance is greater; provided, however, that chimneys, flagpoles, radio and television aerials, and necessary mechanical appurtenances may be erected to a height not more than twenty-five feet (25') above the highest point of the roofline. The method of measuring "height", as set forth herein, shall supersede the definitions contained in Sections 3A.26(c) and 14.8 of Ordinance NS-3. (f) The "slope" of a site shall be calculated in accordance with the provisions of Section 13.9-2(c) of Ordinance NS-60. (g) The term "floor area ratio" shall mean the relationship between the total usable square footage of a structure to the total square footage of the site and shall be expressed in terms of percent. The total square footage shall include all interior area within the walls of the structure capable of being used, including the garage, but excluding non-visible basements. Total Floor = Interior Usable Square Footage of Structure Area Ratio Total Square Footage of Site (h) The term "approving authority" shall mean the Planning Commission of the City of Saratoga. (i) The term "appellate body" shall mean the City Council of the City of Saratoga. -2- (j) The term "major addition" shall mean either or both of the following, whichever may be applicable: (1) A major addition in size, which is defined as any addition to an existing main structure which, when added to the interior usable square footage of the existing main structure, equals or exceeds the maximum floor area ratio for the district and the site. (2) A major addition in height, which is defined as the conversion of a single story residential structure to a multi-story residential structure. (k) The term "impervious cover" shall mean any structure, or hard surface which substantially impairs the natural permeability of the soil, including, but not limited to, solid surface decks, patios, swimming pools, recreation courts, and paved driveways and parking areas. (1) The term "in-fill" shall mean a structure to be con- structed on a site substantially surrounded by developed lots. Section 4: General Guidelines for Design Review Where Design Review is required for any one-family detached main structure, or major addition thereto, the approving authority shall consider and be guided by the following: (a) The height, elevations and placement on the site of the proposed structure or major addition shall be considered with reference to the nature and location of residential structures on adjacent lots in order to avoid unreasonable interference with views and privacy, while considering also the topographic and geologic constraints imposed by particular building site conditions. (b) The natural landscape shall be preserved insofar as practicable, by minimizing tree and soil removal; grade changes shall be minimized and shall be in keeping with the general appearance of neighboring developed areas. (c) Due regard shall be given to orientation of the proposed structure or major addition to the immediate neighborhood in order to minimize the perception of excessive bulk. -3- (d) The proposed structure or major addition will be compatible in terms of bulk and height with existing residential structures located within five hundred feet (500') and within the same zoning district, and shall not unreasonably impair the light and air of adjacent properties nor unreasonably impair the ability of adjacent properties to utilize solar energy. In the case of a proposed -main structure or major addition which exceeds twenty-two feet (22') in height, the approving authority may consider, in addition to any other mitigation measures, a requirement for increase in any one or more of the standard set-backs by ten percent (10%) for each foot in height in excess of twenty-two feet (22'), or such other increased set-backs as the approving authority may deem appropriate under the circumstances, such increased set-backs to be imposed only with respect to that portion of the structure in excess of twenty-two feet (22') in height. (e) The proposed site development or Grading Plan shall incorporate current grading and erosion control standards used by the City of Saratoga. (f) On in-fill situations and major additions, design emphasis should be placed on compatibility of bulk with adjacent structures, minimizing obstruction of views, and minimizing privacy impacts on adjacent property owners. Furthermore, designs should incorporate the natural features of the site. (g) On exposed hillside lots, structures should be encouraged to follow the natural contours of site with the emphasis on minimal grading, minimum impervious cover, and maximum erosion protection. Variety in design should be encouraged in order to avoid monotony of regularly spaced buildings of uniform height. (h) On wooded hillside lots, multi-story structures may be encouraged in order to minimize grading and vegetation removal. The use of decks should be encouraged to provide usable open space, but the decks should not encroach on adjoining properties in terms of privacy. -4- , Section 5: Standards for Development of Residential Structures (a) The following standards shall be utilized for Design Review of all one-family detached main structures or major addi- tions thereto: District Maximum Floor Area Ratio R-1-10,000 29% plus 6% of site area in excess of 10,000 sq. ft. R-1-12,500 27% plus 6% of site area in excess of 12,500 sq. ft. R-1-15,000 24% plus 6% of site area in excess of 15,000 sq. ft. R-1-20,000 20% plus 6% of site area in excess of 20,000 sq. ft. R-1-40,000 13% plus 6% of site area ~n excess of 40,000 sq. ft. HC-RD and NHD 12% plus 6% of site area ~n excess of 43,560 sq. ft., not to exceed a maximum of 10,000 sq. ft. (b) The following standards for impervious cover shall. be utilized for Design Review of all one-family detached main struc- tures or major additions thereto: Districts M~ximum % of Impervious Cover R~1-10,000 60% Of site area R-1-12,500 55% of site area R-1-15,000 50% of site area R-1-20,000 45% of site area R-1-40,000 35% of site area HC-RD and NHD 15,000 sq. ft., or 25% of site area, whichever is less (c) In the case of a site having a total square footage which is less than the minimum lot size for the zoning district wherein the site is located, the maximum floor area ratio and the maximum percentage of impervious cover shall be determined by those percentages set forth in Sections 5(a) and 5(b) above applicable to the next lowest zoning district for which the minimum lot size does not exceed the total square footage of the site; provided, however, the proposed structure shall adhere to the standard set-backs for the district wherein the site is located. For example, if a site is 14,000 square feet in total area and located within an R-1-20,000 district, the percentages applicable to an R-1-12,500 district shall be utilized for design review of any main structure or major addition to be constructed upon such site. In the case of any site having less ~!an 10,000 -5- square feet, wherever located, the maximum floor area ratio shall be 29% and the maximum percentage of impervious cover shall be 60%. '(d) Notwithstanding the provisions of Section 3.7 of Ordinance NS-3, the minimum rear yard set-backs for any one-family detached multi-story structure or major addition in height to be constructed in an R-1 district shall be as follows: District Minimum Rear Yard Set-back R-1-10,000 35 feet R-1-12,500 35 feet R-1-15,000 40 feet R-1-20,000 45 feet R-1-40,000 60 feet (e) In the case of any proposed one-family detached multi- story main structure, or a major addition in height, to be constructed upon a site which is non-conforming for the district in terms of depth or width, the provisions of Section 14.3 of Ordinance NS-3 shall not be applicable and the proposed multi-story structure or major addition in height shall comply with the standard set-back requirements for the district wherein the site is located. (f) The maximum height of any one-family detached main structure shall be thirty feet (30') to the highest point of the roof, as measured in accordance with Section 3(e) of this Ordinance. Section 6: Variations from Standards The Planning Commission shall have authority to approve single or multi-story residential structures, or major additions thereto, which exceed the standards for floor area ratio or impervious cover specified in Sections 5(a), 5(b) or 5(c) by not more than 5.0%, if the Commission finds that the proposed structure or major addition satisfies the criteria set forth in Section 4 of this Ordinance. If a proposed single or multi-story structure or major addition exceeds the standards of Sections 5(a), 5(b) or 5(c) by more than 5.0%, or if a proposed multi-story structure or major addition in height does not comply with the requirements of Section 5(d) or 5(e), or if the height of a proposed structure or -6- major addition exceeds thirty feet (30'), a variance shall be required pursuant to Article 17 of Ordinance NS-3, and the findings required under Section 17.6 of Ordinance NS-3 shall be made in addition to the finding that the proposed structure or major addition satisfies the criteria set forth in Section 4 of this Ordinance. Section 7: Requirement for Design Review In each of the following cases, no building permit shall be issued for the construction of any one-family detached main structure or major addition in any residential district until such structure has received Design Review Approval: (a) A single story main structure or major addition having, a height in excess of twenty-two feet (22'). (b) A multi-story main structure or major addition having a height in excess of twenty-six feet (26'). (c) Any main structure or major addition tO be constructed upon a hillside lot. (d) Any main structure or major addition which does not meet the standards set forth in Section 5 of this Ordinance. (e) Whenever design review is specifically required under the terms or conditions of any tentative or final subdivision map, building site approval, use permit, variance or conditional re-zoning. Section 8: Application Requirements.= Each application for Design Review approval shall be accom- panied by the following exhibits: (a) Site Plan showing property lines, easements and dimen- sions, structure setbacks, building envelope, topography, location of all trees over twelve inches (12") in diameter, and areas of dense vegetation and creeks. (b) Solar shade study showing all adjacent sites and structures. (c) Elevations of the proposed structures showing exterior materials, roof materials and window treatment. -7- (d) Cross sections for all projects located on a hillside lot. (e) Grading and drainage plans, including cross sections if the structure is to be constructed on a hillside lot. (f) Floor plans that indicate total floor area. (g) Roof plans. (h) Landscape and irrigation plans. (i) Such additional exhibits as may be required by staff or the Planning Commission. 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 (2) sets drawn on sheets 18" x 28" in size and ten (10) sets on sheets 11" x 18" in size. Section 9: Public Hearings A public hearing shall be required for design review approval of a one-family detached main structure or major addition in each of the following cases: (a) Where a proposed single-story main structure or major addition will exceed twenty-two feet (22') in height. (b) Where a proposed multi-story main structure or major addition will exceed twenty-six feet (26') in height. (c) Where a.proposed structure is classified as an in-fill situation, as defined in Section 3(1) of this Ordinance. (d) Where the proposed improvement is a major addition in height, as defined in Section 3(j)(2) of this Ordinance. (e) Where a proposed main structure or major addition will exceed by not more than five percent (5%) the standards for floor area ratio or impervious coverage as specified in Sections 5(a), 5(b) or 5(c) of this Ordinance. Notice of the public hearing shall be given not less than ten (10) days nor more than thirty (30) days prior to the date of the hearing by mailing, postage prepaid, a notice of the time and place of the hearing to all persons whose names appear on the latest adopted tax roll of Santa Clara County as owning property -8- within five hundred feet (500') of the boundaries of the site upon which the structure or major addition is to be constructed. Notice of the public hearing shall also be published in a news- paper having general circulation in the City of Saratoga not later than ten (10) days prior to the date of the hearing. Section 10: Appeal (a) Upon the denial by the Planning Commission of a Design Review application which does not require a public hearing, the applicant shall have the right to appeal such decision to the City Council. (b) Upon the granting or denial by the Planning Commission of a Design Review application which requires a public hearing, either the applicant or any other interested person shall have the right to appeal such decision to the City Council. (c) The appeal shall be taken by filing with the City Clerk a written notice thereof within ten (10) days from the granting or denial of Design Review Approval by the approving authority. The notice of appeal shall be signed by the appellant and shall set forth all of the grounds for the appeal, and shall be accompanied by a filing fee to cover the administrative cost of handling the appeal. Upon receipt of a notice of appeal and filing fee, the City Clerk shall set the appeal for hearing before the appellate body at its next regular meeting that falls not less than ten (10) days after the date of filing the notice of appeal. The appellate body shall conduct a noticed public hearing de novo on all Design Review Appeals where a public hearing was required to be conducted by the approvlng authority pursuant to Section 9 of this Ordinance. The City Clerk shall give notice of the appeal in the same manner as provided in Section 9 of this Ordinance. (d) The appellate body may affirm, reverse or modify the decision of the approving authority, and may refer the matter back to the approving authority for further action as may be directed by the appellate body. -9- Section 11: Repeal of Other Ordinances This Ordinance shall supersede Urgency Ordinance 3E-16, Section 3.7-2 of Ordinance NS-3 (commonly known as the "Multi- Story Ordinance"), Sections 3.16 and 16-15.of Ordinance NS-3 (relating to conversion permits), and the coverage standards as set forth in Section 3.7 of Ordinance NS-3, and the same are hereby repealed and declared to be of no further force or effect as of the effective date of this Ordinance. This Ordinance shall also supersede Article 13 of Ordinance NS-3 to the extent that such Article applies to single-family detached main structures or major additions thereto. Section 12: Exceptions This Ordinance shall not apply to any one-family detached main structure or major addition which has received design review approval as of the effective date of this Ordinance, nor shall this Ordinance apply to any major addition in height for which a conversion permit has been issued pursuant to Section 16.15 of Ordinance NS-3 prior to the effective date of this Ordinance; provided, however, that in the event an appeal has been taken from such design review approval or issuance of a conversion permit which is heard by the appellate body after the effective date of this Ordinance, the provisions of this Ordinance may be applied to the proposed structure or major addition which is the subject of the appeal. Section 13: Replacement of Destroyed Structures In the event an existing one-family detached main structure which does not conform to the standards set forth in Sections 5(a), 5(b) or 5(c) of this Ordinance is damaged or destroyed as a result of fire or other calamity or by act of God, the structure may be replaced with a new structure having a maximum floor area ratio and a maximum percentage of impervious cover no greater than the original structure and set-backs no less than the original structure. Design review approval pursuant to this Ordinance shall be required for the proposed replacement structure, but the -10- requirements of this Section 14 shall be applied in lieu of the standards set forth in Sections 5(a), 5(b), 5(c), 5(d) and 5(e) of this Ordinance. The provisions of this Section 14 shall supersede any inconsistent provisions as may be contained in Section 15.8 of Ordinance NS-3. Section 14: Lapse of Design Review Approval Design Review approvals issued pursuant to this Ordinance shall expire eighteen (18) months after the date of approval in the event a building permit has not been obtained within such period of time for construction of the structure or major addition as finally approved. The approving authority may, in its discre- tion, extend the expiration date provided herein for an additional period or periods of time not exceeding a total of twenty-foUr (24) months, upon written application for extension filed prior to the expiration date. Should the approving authority deny any application for extension, the applicant shall have the right to appeal such decision to the appellate body within ten (10) days after the date of denial. In the event a building permit is issued and thereafter expires, the design review approval pursuant to which the permit was issued shall also expire as of'the date of expiration of the building permit. Section 15: Partial Invalidity 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, 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. -11- Section 16: Effective Date This Ordinance takes effect thirty (30) days after its passage and adoption. The foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Saratoga held on the 15th day of July , 1981, by the following vote: AYES, and in favor thereof, Councilmembers: Clevenger, Jensen, Watson NOES, Councilmembers: Mallory, Mayor Callon ABSENT, Councilmembers: NOne MAYOR ATTEST: CITY CLERK .~ The above and foregoing is a true and correct copy of 0 'd i~,r!c,~ ,-,r5' ~.'~'7 wl~ich has bee~ }ublishsd according to ~aw.. -12- Deputy City Clerk Data ~