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HomeMy WebLinkAboutNS-3.54 ORDINANCE NO. NS-j~54' AN ORDINANCE OF THE CITY OF SARATOGA AMENDING ORDINANCE NS-3, THE ZONING ORDINANCE, BY ADDING ARTICLE 13A REQUIRING DESIGN REVIEW OF CERTAIN ONE-FAMILY DETACHED MAIN STRUCTURES OR MAJOR ADDITIONS THERETO AND CERTAIN ACCESSORY STRUCTURES, AND ESTABLISHING STANDARDS FOR THE APPROVAL THEREOF The City Council of the City of Saratoga does hereby ordain as follows: Section 1: Article 13A is hereby added to Ordinance NS-3 of the City of Saratoga to read as follows: ~rticle 13A~ Design Review for Structures 'in R-1 One- 'Family Residential Districts Section 13A.l: 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 and certain accessory structures 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 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 implementat'ion of the foregoing policies requires review and revision of existing zoning ordinances regulating the height, set-backs and bulk of one-family detached main and accessory structures and revision of existing procedures and standards of Design Review. Section'13~.'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 main structure or major addition thereto, and certain accessory structures, and to ensure that new development occurs.!ih,,al. manner which is consistent with the policies of the General Plan. 1 Section 13A.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 "accessory structure" shall have the same f meaning as set forth in Section 1.5, subparagraph "zz" of Ordinance NS-3, provided such structure is enclosed on at least three sides. (d) The term "multi-story structure" shall have the same meaning as set forth in Section 1.5, subparagraph "aaa-l" of Ordinance NS-3. (e)l The term "hillside lot" shall mean any site having an average slope of ten percent (10%) or greater. (f) The term "basement" shall mean that portion of a ~ structure located entirely below the natural grade or finish grade, whichever is lower, except for the top of such basement which may extend to not more than two feet (2') above the natural grade or finish grade, whichever is lower. (g) 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 basements), whichever distance is greater; provided, however, that chimneys, flagpoles, radio and television aerials, and other mechanical appurtenances may be erected to a height not more than twenty-five feet (25') above the maximum height permitted under the regulations applicable to the zoning district wherein the structure is located. The method of measuring "height" for single family residential and accessory structures, as set forth herein, shall supersede the definitions contained in Sections 3A.26(c) and 14.8 or Ordinance NS-3, an~ the _ exceptions set forth herein shall supersede the provisions contained in Section 14.9 of Ordinance NS-3. (h) The "slope" of a site shall be calculated in accordance with the provisions of Section 13.9-2(c) of Ordinance NS-60. (i)~'. The term "allowable floor area" shall mean the total square footage of the main structure (including the garage), plus any accessory structures on permanent foundations and enclosed on three sides, permitted for the zoning district under Section 13A.6(a) of this Ordinance. The total square footage of any floor shall be measured from the exterior of the outside walls of the structure at that level. Basements shall not be included in this measurement of total square footage. (j) The term "approving authority" shall mean the Planning Commission of the City of Saratoga. (k) The term "appellate body" shall mean the City Council of the City of Saratoga. (1) The term "major addition" shall mean ~ither 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 square footage of the existing main structure plus any accessory structure as described in 13A.3(j) equals or exceeds the allowable floor area 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. (m) 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, accessory structures, swimming pools, recreation courts, and paved d~iveways and parking areas. (n) The term "in-fill" shall mean a structure to be constructed on a site surrounded by developed lots in at least three out of four northern, southern, eastern or western directions. Section 13A.4: Design Review Findings Prior to approving a design review application required for any one-family detached main structure, or major addition thereto, or any accessory structure, the approving authority shall make the following findings: (a) Avoid Unreasonable Interference with Views and Privacy The height, elevations and placement on the site of the proposed main or accessory structure or major addition, when considered with reference to the nature and location of residential structures on adjacent lots, will avoid unreasonable interference with views and privacy, and will consider the topographic and geologic constraints imposed by particular building site conditions. (b) Preserve Natural Landscape The natural landscape will be preserved insofar as practicable, by minimizing tree and soil removal; grade changes will be minimized and will be in keeping with the general appearance of neighboring developed areas. (c) Minimize Perceptionof Excessive Bulk The orientation of the proposed main or accessory structure or major addition in relation to the immediate neighborhood will minimize the perception of excessive bulk. (d) Compatible Bulk and Height The proposed main or accessory 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. (e) Current Grading and Erosion Control Standards The proposed site development or grading plan incorporates current grading and erosion control standards used by the City of Saratoga. 4 (f) Infills: Compatibility, Views, Privacy, and Natural Features Proposed in-fill structures, accessory structures or major additions, will be compatible in terms of bulk with adjacent structures, will minimize obstruction of views, will minimize privacy impacts on adjacent property owners, and will incorporate the natural features of the site. (g) Preservation of Natural Contours The proposed structures are designed to follow the natural contours of the site with minimal grading, minimum impervious cover, and maximum erosion protection. Section 13A.5 Additional Guidelines for Design Review In addition to the findings listed in Section 13A.4 the approving authority shall consider and be guided by the following: (a) In the case of a proposed main or accessory 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. (b) Variety in design should be encouraged in order to avoid monotony of regularly spaced buildings of uniform height. (c) 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. (d) The proposed structure should be designed to optimize the use of natural elements, such as solar radiation, wind and landscaping for heating, cooling and ventilation. 5 Section 13A.6 Allowable Floor Area, and Height (a) Allowable Floor Area Unless otherwise approved through a public hearing design review (Section 13A.7) the total square foot floor area of one-family detached main structures and major additions thereto, plus any accessory structures, as described in Section 13A.3(i), shall comply with the following standards: District Allowable Floor Area R-1-10,000 3,500 square feet R-1-12,500 4,000 square feet R-1-15,000 4,300 square feet R-1-20,000 4,800 square feet R-1-40,000 6,200 square feet HC-RD and NHR 6,200 square feet (b) Height The maximum height of any one-family detached main structure or accessory structure shall be thirty feet (30') to the highest point of the roof, as measured in accordance with Section 11t. 3 of this Ordinance. Section 13A.7: Requirement for Design Review and Public Hearings (a) Regular 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 thereto, or any accessory structure as described in Section 13A.3(i), in any residential d~strict until such'structure has'received Design Review Approval: (1) A single story main or accessory structure or addition having a height in excess of twenty-two feet (.22'). (2) A multi-story main or accessory structure or addition having a height in excess of twenty-six feet (26'). (3) Any main structure, major addition, accessory structure or combination thereof which exceeds the standards set forth in Section' 13A.6(a)_ of~-~h~is'6r~in~nce. _ (4 Any main structure or multi-story accessory structure to be constructed upon an in-fill site. (5) Any accessory structure on a double frontage lot. (6) Any major addition in height (i.e. multi-story addition), as defined in Section 13A.3(1)(2) of this ordinance. (7 Any expansion in size to the second story of a multi- story main or accessory structure. (8) ~ny main structure or ma~or addition to be constructed upgn a h~lsi~e lot. (9 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 rezoning. (10 Whenever, in the opinion of the Cit¥'s Plannina Staff, there is uncertainty as to whether a proposed structure complies with the standards of this ordinance or it reasonably appears that the proposed structure will have a substantial adverse impact upon the neighborhood or the natural environment. (b) Public Hearing Design Review A public hearing shall be required for design review approval for cases ~ through 7 listed under Section 13A.7(a). Notice of the public hearing shall be given not less than ten (10) calendar days nor more than thirty (30) calendar 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 within five hundred feek (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 newspaper having general circulation in the City of Saratoga not later than ten (10) calendar days prior to the date of the hearing. Section 13A.8: Application Requirements Each application for Design Review approval shall be accompanied by the following exhibits: (a) Site plan showing property lines, easements and dimensions, structure setbacks, building envelope, topography, location of all trees over twelve inches (12") in diameter, measured 2' above grade and areas of dense vegetation and creeks. (b) 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, 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 City staff or the approving authority. (c) Elevations of the proposed structures showing exterior materials, roof materials and window treatment. (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) Design review approval may be conditioned upon the approval of landscape and irrigation plans prior to issuance of a building permit. (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" inl!size and ten (10) sets on sheets 11" x 18" in size. Section 13A.'9: Appeal Design Review application which. does not require a public hearing, the applicant io~ an~y j~er~_~erested perso~Ishai~ve ~t~ rlgh~o'~c~ ~ i~'app~_al~lsuch d~ci~i6~tothe 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) Galendar days from the granting or denial 6f design review approval by the approving authority. The ten (10) day period shall begin to run on the day after the action by the approving authority and in the event the tenth (10th) day falls on a Saturday, Sunday or leaal holiday, the appeal may be filed ~o~ later=t~n the next~b~si_~es~ day. 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 administra- tive 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) calendar 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 approving authority pursuant to Section 13A.7(b) of this ordinance. The City Clerk shall give notice of the appeal in the same manner as provided in Section 13A.7(b) 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. Section 13A.10: Repeal of Other Ordinances This Ordinance shall supersede Urgency Ordinance 3E-16, Ordinance No. NS-3.47, Section 3.7-2 of Ordinance NS-3 (commonly known as the "Multi-Story Ordinance") and, Sections 3.16 and 16-15 of Ordinance NS-3 (relating to conversion permits), 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 Ordinance NS-3 to the extent that such Article applies to 9 single-family detached main structures or major additions thereto. The references in Article 13 as contained in Section 3.12 and 3A.23(c) of Ordinance NS-3 sha~l be deemed to refer to this ordinance. Section 13A.11: Exceptions This ordinance shall not apply to any one-family detached main structure'or major addition which has received design review approval prior to August 15, 1981, nor ~hall this ordinance apply to any major addition in height for which a conversion permit has been issued pursuant to Section 16.15 or Ordinance NS-3 prior to August 15, 1981; provided, however, that in the event an appeal has been taken from such design review approval or issuance of a conversion permit, the provisions of this Ordinance may be applied to the proposed structure of major addition which is the subject of the appeal. Section 13A.12: Replacement of Destroyed Structures In the event an existing one-family detached main ~ structure having a floor area in excess of the standards set forth in Section 13A.6 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, a maximum percentage of impervious cover, and amaximum height 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 requirements of this Section 13A.12 shall be applied in lieu of the standards set forth in Section 13A.6 of this ordinance. The provisions of this Section 13A.12 shall super- cede any inconsistent provisions as may be contained in ~ Section 15.8 of Ordinance NS-3. Section 13~.13: Lapseof Design Review Approval Design Review approvals issued pursuant to this 10 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 m~y, in its discretion, 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) calen~darldays 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 2: Section 3.7 of Ordinance NS-3 is hereby amended to read as follows: Section 3.7: Coverage, Front Yard, Side Yards, Rear Yard The maximum site area covered by impervious surfaces including structures and the minimum front yard, side yards and rear yard in each R-1 district shall be as prescribed in the following table, subject to the exceptions listed below. Front Side Single-Story Multi-Story District Coverage Yard Yards Rear Yard Rear Yard R-1-10,000 60% 25 ft. 10 ft. 25 ft. 35 ft. R-1-12,500 55% 25 ft. 10 ft. 25 ft. 35 ft. R-1-15,000 50% 25 ft. 12 ft. 30 ft. 40 ft. R-1-20,000 45% 30 ft. 15 ft. 35 ft. 45 ft. R-1-40,000 35% 30 ft. 20 ft. 50 ft. 60 ft. On the street side of a corner lot the side yard shall be not less than twenty-five feet. One foot shall be added to an interior side yard for each two feet of height or fraction thereof by which a portion of a structure within thirty feet Qf the nearest side property line exceeds fourteen feet in height; provided, that a side yard of more than twenty-five feet shall not be required. On a corner lot a rear yard equal to the required minimum side yard shall be permitted; provided, that a yard space equal to twenty-five per cent of the area of the side shall be provided adjoining the rear property line. On a corridor access lot with an average width that exceeds its average depth, the longer dimension may be considered the depth for the purposes of measuring front, side and rear yards. Accessory structures not attached in any way to the main structure and not exceeding fourteen feet in height may be located in the required rear yard; provided, that no more than five hundred square feet or ten percent of the area of the required rear yard, whichever is the greater, shall be covered by such structures, and provided further, that on a reversed corner lot no such detached'accessory structure shall be located closer to the rear property line than the required side yard on the adjoining key lot. Section 3: Section 3B.10 (Nor.thwestern Hillsides~ ~esid~ntiai District) ot Ordinance NS-3 is hereby amended to read ~ 'folloWs: Section 3B.10 - Minimum Yards, Setbacks and Maximum Coverage (a) Except as otherwise provided in paragraphs (b) and (c) of this Section, the minimum front, side and rear yards of the main residential structure on each site shall be as follows: Front Side Rear Yard Yard Yard Single-story Structure 30 ft. 20 ft. 50 ft. Multi-story Structure 45 ft. 30 ft. 60 ft. (b) The minimum setback of any building or structure from any planned or designated arterial or collector street shall be 75 feet from the curb line thereof, and where no established curb line exists the setback shall be 100 feet from the center- line of such street. (c) The minimum side yard requirements set forth in paragraph (a) of this Section 3B.10 shall not apply to clustered 12 dwelling units and such units may be located at any point within the side property lines; provided, however, the minimum space between clustered dwelling units on adjacent sites shall be not less than 30 feet. (d) -The maximum ~impervious surface andbuilding.coverage shall not exceed twenty-five (25) percent of the site area or fifteen thousand (15,000) square feet, whichever is the lesser. Section 4: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of com- petent 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. Section 5: This ordinance takes effect thirty (30) days after its passage and adoption. The above and foregoing ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted this 15th day of December , 1982, by the following vote: AYES: Councilmembers Clevenger, Fanelli, Mallory, Moyles, andMayor Callon NOES: None ABSTAIN: None ABSENT: None ~~y OR ATTEST: .-_ 13