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HomeMy WebLinkAboutNS-3.6 ORDINANCE NS-3,6 AN ORDINANCE AMEI~II~ ODINAliCE NS*3, THE. ZONING ORDINANCE OF ~r~ CITY OF S~T0~A, BY F. SZ~BLISNING A pLAI~ED COI~UNIT~ DISTRICT ZONIN~ CLASSIFICATION, ~ND BY AI~I~)II~ SECTIONS 1.6, 14.r, A~ 18.11 OF SAID ORDINAI~CE The City Council of the City of Saratoga does h~reby Ordain as follows: Section 1: Section 1.6 of Ordinance NS-3 is hereby amended by addin~ to it the follovln~additional zonin~ district: PC PLAI~ED CC~ITYDISTRICT ~.ection 2: Article4A is hereby added to Ordinance NS-3 of the City of Saratoga, which article shall read as follows: ARTICLE 4A PLANNED COI~IUNITYDISTRICT 4Aol: PURPOSES In certain instances the objectives of the zonin~ plan may be achieved by the development~ of a resi- dential co~unity primarily for a cor~non green development or for older or retired persons desirin~ ~rn~llor residences or dwellin~ units than economi- cally feasible under existing zonin~ districts, and which combines a number of uses in order to develop a livin~ environment in conformity with the General Plan. The Planned Comity District is intended to accomplish this purpose, and may include a bination of single or multiple dwelling uses toge- ther with ancillary uses of recreational centers, social halls, restaurants, medical centers, and other related facilities. In order to provide lo~a- tions for well planned con~nunity facilities which conform with the objectives o£ the zonix~ plan, although they may deviate in certain respects from existin~ district regulations, property may be rezoned to a new combined residential district, pro- vided the development complies with the regulations prescribed in this article. 4A. 2: DISTRICTS A ~lanned Community District may be combined with any R-1 (Single Fmnily Residential) District or any R-M ~4ultiple Family Residential) District, upon the granting of a chan~e of zone to a combined dis- trict in accord with the provisions of this article. A Planned Connnunity District shall be designated by the symbol '~C" followin~ the district designation. 4A.3: ~ERI~I'£1~D USES a) Single story one family, two family, or three family dwellings, or a combination thereof~ toge- ther with all other permitted uses in an R-1 Residen- tial District, shall be permitted in an R-1 District Se¢~On 2: 4A.3 PERMITTED USES a) which is combined with a PC District. ~o ~tory family dwellings may be included in the develop- ment when specifically epproved by the Planning Commission. b) Single story or two story one family and family dwellings, or a combination thereo£, sub- ject to the limitation o£ (a) above, together ~rlth all other permitted uses in an R-M District, shall be permitted in an R-M District combined with a PC c) Such conditional uses, subject to the granting of a Use Permit, as are permitted by the R-1 or Residential Distrtc~ with which the PC District is combined. d) Co~nunity centers, private recreational centers, social halls, lodges~ clubs, restaurants, medi- cal centers (and related facilities as established from time to time by resolution o£ the City Plan- ning Commission in accord ~ith Article 14.1 of this Ordinance), save and except that the use all such facilities shall be restricted to the residents of the Pl~ned Con~unity District and ~heir guests. 4A.4: SI~E AREA ~ Ot~.RSHIP · he minimum site area shall be five (5) acres, and all of the said site area shall be in one ownership at the time of the change of zone ~rom a Residential District to a combined Plagued Community 4A. 5: STANDARDS Standards of site area and dimensions, site coverage, density o£ d~elling units, yard spaces, types structures; distances be~een s~ructuresI ~ences, ~alls and hedgesl signsl and o£f~street parking ~acilities, shall in ~he aggregate be at least equi- valent to ~he standards presc=tbed by the regulations ~or the district with which a Planned C~=~nity t~ict is combined. The City Planning Commission may grant variances the regulations prescribed herein with respect to ~ences and ~allsl site area, ~id~h, frontage, depth and coveragel £ront, side and rear yardsl distances between strutCuresI and rights-o£-way and improve- ments required by Ordinance NS-5, at ~he time o£ appro- val of the tentative map £or the entire site, and with out compliance wi~h the provisions o£ Article 17 o£ this Ordinance relating to Variances. The approval of a tentative subdivision map and of the site develop- ment plan shall automatically constitu~e a granting and permitting o£ such variances as are sho~m and delineated on the face o£ said tentative subdivision map or said site development plan. section 2: 4A.6: AMENDMENT PROCEDURE The regulations prescribed in Sections i8.3 thrqUgh 18.11 of this Ordinance shall control the procedure for making application for a change of zone to a combined Planned Co~unity District, subject to the following exceptions and provisions: a) Each reclassification to a Planned Community Dis- trict shall be a conditional reclassification in accord with Section 18.11 hereof and each such conditional reclassification shall in all cases include the following rain/mum conditions: 1) That the entire site shall be developed in accord with a final site development plan previously approved by the City Planning Com- mission, and that building permits shall have been issued and construction commenced on all structures shown on said site development plan, or particular units thereof~ no later than one (1) year from the date of approval of the reclassification ordinance. 2) The owner shall be required to enter into a written contract with the City of Saratoga, secured by good and sufficient bond or bonds, agreeing to be responsible for the care, main- tenance and operation of all areas, buildings and facilities not dedicated to public use, but intended for the common use of the resi- dents of said property. b) Each application for a reclassification shall be - accompanied by a tentative map for either site approval or subdivision approval in accord with the provisions of Ordinance NS-5, together with the proposed procedure to be followed to insure the care, maintenance and Operation of all com- mon use areas to be covered by agreement as per (a) (2) above. c) ~he drawing called for under Section 18.3 shall be a general site development plan of the entire developments drawn to scale and showing the con- tours of the site at intervals of not more than five (5) feet, and shall in addition include all of the following: l) proposed lend uses, population densities, building intensities and parking areas, par- ticularly showing chose areas and buildings~ if any, intended for the common use or bene- fit of all residents of the premises; 2) proposed circulation patterns indicating both public and private streets; 3) proposed parks, playgroundss school sites and other open spaces; 4) general delineation and location of each and every building and structure, the proposed use of each building and structures and a schedule of the progression of construction of each building and structure; S.e. ction 2: 4A.6: AMENDMENT PROCEDDRE c) 5) relation eo future land u~e in surrounding area and Go the General Plan. d) The City Planning Commission may recOmnend a ~h~nge of Zone to a Planded Community.District ~s applied fo~i o= in modified form~ if~ on the basis of the application and the evidence submitted, the Commission makes the findings prescribed in Section 18.6 of this Ordinance, and makes the following additional findings: 1) That the proposed location of the Planned Cua~uunity District is in accord with the objectives of the Zoning Ordinance and the General Plan and the purposes of the dis- trict in which the site is located. 2) That the proposed Planned Community District will comply with each of the applicable pro- visions of this Ordinance. 3) l]~at standards of site area aM dimensions, site coverage, yard spaces, heights of struc- tures; distance between structures; fences, walls and hedges; signs; rights-of-way and improvements; and off-street parking facili- ties will produce an environment of stable and desirable character consistent with the objectives of the Zoning Ordinance and General Plan. 4) That the combination of different uses in the development will compliment each other and will harmonize with existing and proposed land uses in the vicinity. 4A. ? DESIGN REVIEW All uses and structures in a Planned Community Dis- trict shall be subject to Design Review as prescribed in Article 13. Section 3: The first sentence of Section 14.1 of Ordinance NS-3 is hereby amended to read as follows: '~/pon application or on its o~ra initiative, the City Planning Commission may add one or mere uses to the list of permitted uses prescribed in Sections 4A.3, 6.2a, 7.2a(1), 7.2b(2) and 7.2c, or one or more con- ditional uses to the uses set forth in Sections 6.3 and 7.3(a), (b) and (c) , if the Commission makes the following findings:" / Section 4: Section 18.11 of Ordinance NS-3 is hereby amended by changing the first sentence thereof to read as follows: ':0n any change of the boundaries of a district, or any change from one district classification to another~ where the change is initiated by the owner or owners in accord with Section 18,3 hereof, and where the requested change is to a P-D, R-M, P-A, C, P, PC or M Districts such reclassification may be made subject to one or more conditions subsequents on failure of any one of which the property shall automatically -4- S__ection 4: revert to the'district classification from which it was changed° In addition to the permitted condi- tions herelAmfter set forth in this section, cer- tain mandatory uonditio~s are set forth in Article 4A of this Ordinance in relation to reclasstfica- tion to a PC District." Se__ctio~..5: ~here is hereby added to Section 18.11 of Ordinance NS-3 the following additional paragraph: Whenever a condition of reclassificationunder this Section imposes a time limit within which a particu- l~r use shall be established, or construction of a particular strneture or structures shall be commenced, or completed, or both, the City Council shall have power, in cases of undue hardship, to grant a reasona- ble extension of such time l~m~t condition or condi- tions upon the affirmative recounnendation of the City Plauni~ Co~ission, provided that prior to the expiration of the original time limit or limits in question, an application has been made to the City Planning Commission for such extension, The City Coun- cil, upon recommendation of the City Planning Commis- sion, shall have .additional power to modifys waive, or with the consent of the owner of the property to sub- stitute, conditions of reclassification at any time prior to the time of automatic reversion to the dis- trict classification which occurs on failure to com- ply with the conditions of approval, The powers of the City Council to extend time limitss or to modify, waive, or change conditions, are matters of grace only. ~ection 6: 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 r~m~ining portions of this ordiimnce. 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 of this ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be held invalid or unconstitutional. The above and foregoing ordinance was regularly introduced and after the waiting time required by law was thereafter passed and adopted at a regu- lar meeting of the City Council of the City of Saratoga held on the ~17th day of June , 1964. AYES: Councilmen Glennon, Drake, Hartman, Tyler ABgEN~ou~eiiman Bu~ry~ · ? ~ ~ ~YOR ~0 7L ~ ,7~ ~ ~ published ~c,:ording to law, Deputy City Clerk Dato '