HomeMy WebLinkAboutOrdinance 277 --Housing ElementFindings
ORDINANCE NO. 277
AN ORDINANCE AMENDING THE SARATOGA MUNICIPAL CODE TO
IMPLEMENT THE 2007 -2014 HOUSING ELEMENT UPDATE
1. The City of Saratoga wishes to update the City Code to implement the policies contained
in the 2007 -2014 General Plan Housing Element.
2. The Planning Commission of the City of Saratoga considered a range of amendments to
the City Code, conducted a noticed public hearing at which public testimony and all
written materials were considered, and on March 10, 2010 recommended that the City
Council adopt a Negative Declaration and the proposed amendments to the City Code.
3. The City Council has adopted a resolution pursuant to the California Environmental
Quality Act (CEQA) adopting a Negative Declaration and finding no evidence that this
ordinance may have a significant adverse effect on the environment.
Therefore, the City Council hereby ordains as follows:
Section 1. Adoption.
Articles 15 -10, 15 -19, 15 -46, 15 -58 and 15 -80 of the Saratoga City Code are hereby amended as
set forth in Attachment A. Words shown in bold underlined text (example) are added to the
code and words shown in strikeout (example) are deleted from the code. Words in standard font
are unchanged from the existing Code. Sections within an Article that are not included in
Attachment A are unchanged from the existing Code.
Section 2. Zoning Map Change.
The City of Saratoga zoning map is amended to show the C- N(RHD) zoning district as indicated
on Attachment B.
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,
paragraph, sub - paragraph, sentence, clause and phrase of this ordinance. If any section, sub - section,
paragraph, sub - paragraph, sentence, clause or phrase of this ordinance is 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 7th day of April, 2010, and was adopted by the following vote
following a second reading on the 21 day of April, 2010:
AYES: Councilmember Chuck Page, Howard Miller, Mayor Kathleen King
NAYS: Vice Mayor Jill Hunter
ABSTAIN: None
ABSENT: Councilmember Susie Nagpal
ATTEST:
CITY CLERK OF THE CITY OF SARATOGA
APPROVED AS TO FORM:
Richard Taylor,
CITY ATTORNEY
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SIGNED:
Kathleen M. King
MAYOR OF THE CITY OF SARATOGA
Attachment A
Amendments to Saratoga City Code Articles 15- 10,15 -19, 15 -46, 15 -58 and 15 -80
(Text to be added is indicated in bold double - underlined font (e.g., hold double- underlined) and text to be deleted
is indicated in strikeout (e.g. stfikeout). Text in standard font remains unchanged. Direction to delete graphics in is
indicated in bold double - underlined full capitalization (e g , FULL CAPITAL,IZATION).
Article 15 -10 ESTABLISHMENT OF ZONING DISTRICTS
15- 10.010 Designation of districts.
The districts established by this Chapter are depicted on the Zoning Map and are described as
follows:
(a) A: Agricultural district.
(b) R -1: Single - family residential districts, consisting of:
R -1- 40,000 district
R -1- 20,000 district
R- 1- 15,000 district
R -1- 12,500 district
R -1- 10,000 district
(c) HR: Hillside residential district.
(d) R -OS: Residential open space district.
(e) AP /OS: Agricultural preserve /open space overlay district.
(f) P -C: Planned community district.
(g) R -M: Multi- family residential districts, consisting of:
R -M -5,000
R -M -4,000
R -M -3,000
(h) P -A: Professional and administrative office district.
(i) C: Commercial districts, consisting of:
C -N Neighborhood commercial
C- N(RHD) Neighborhood Commercial Residential High Density
C -V Visitor commercial
CH -1 and CH -2 Commercial historic districts
(j) MU -PD: Multiple -use planned development district.
(k) E: Equestrian. The equestrian district is an area of the City within which equines may be
maintained for private use and commercial or community stables may be maintained. The
overlay district is depicted on the equestrian district map.
(1) R -1- 10,000 single -story overlay district for the Saratoga Woods neighborhood. Any single -
story addition or replacement construction shall be limited in height to the height of the
contiguous single -story dwellings. The existing two -story dwellings within the Saratoga Woods
neighborhood are exempt from the provisions of this single -story limitation.
(m) H: Historic resource overlay district showing location of historic landmarks, heritage lanes,
and historic districts.
(n) CN drive through overlay district for the CN zonc bounded by Lawrence Expressway and
Prospect Avenue. Notwithstanding Section 15 19.020(c), uses with drive through services may
be permitted subject to a use permit requirement in the overlay area. A traffic and circulation
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Frontage
Width
Depth
60 feet
60 feet
100 feet
• - all such applications. Each application shall be cvaluatcd on its own
individual mcrits. Hours of peak operations shall be cem -
general ar a.
THE MAP IN
L D
individuals and families
(1) Drive through services.
thousand square feet.
in a C - (RHD)district shall be as follows:
D IN HE ITY CODE F 1 LLOWIN SE T 1 N 1 -10 01
SHOWING THE DRIVE -THROU H OVERLAY ZONE I DELETED
Article 15 -19 C: COMMERCIAL DISTRICTS
15- 19.035 C- N(RHD) district regulations
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1 _ ' 121 d15-
19.030(a) of this Article, the following permitted uses shall also be allowed in a
C N(RHD) district:
(1) Mixed -use development with a minimum resident density of twenty dwelling units
per jitt acre and conforming to the design standards found in Article 15 -58 P u r suant to
Government Code Section 65583.2(i)) such development shall not constitute a "project"
under CEQA.
(2) Emergency shelters, transitional housing, and supportive housing for homeless
(b) Conditional Uses In addition to the conditional uses listed in Section 1 -19 020(b) and
15 -19 030(b) of this Article, the following conditional uses may also be allowed in a
C - N(RHD)district, upon the granting of a use permit pursuant to Article 15 - 55 of this
Chapter:
(2) Gasoline service stations; provided, that all operations except the sale of gasoline and oil
shall be conducted within an enclosed structure.
(c) Site area. The minimum net site area of any lot in a C- N(RI1Th district shall be te
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(e) Coverage. The maximum net site area covered by structures on a y lot in a
C -N (RHD) district shall be eighty percent.
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hall
Fro s tb . k ar :. The minim fron s tb _ ck . r : of an lot in a -N RHD distri
b
ire tl
n f•• exce
ross h
str
that on
from
setback area shall be fifteen feet.
shall be thirty feet.
site
n A
R-
area of the abutting lot.
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acent to : n e fr i n in on he same
HR R -M or P -A
ide . n s rear ba k . as N i i s or rear s tback . reas sh 11 be r it d for : n I
in a C- Nk RHD) district subject to the following exceptions:
1 I n a rev r d orn r o abuttin ' l i t in an A R -1 or HR distri he minim m
exterior side setback area shall be not less than one -half of the required front setback
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an A, R -1, or HR district, the minimum side setha k area or rear etback area abutting
such other district shall be thirty feet.
(3) On a lot directly across a street or a lley f rom an A, R -1 or HR distr the
minimum side setback area or rear setback area adjacent to such street or alley shall be
ten feet.
Where a side or rear setback area is required under any of the foregoing provisions, one
foot shall be added to the required setback area for each one foot of hei ' ' •
thereof by which a structure within thirty f eet of the lot line for such setback area exceeds
fourteen feet in height.
(h) Height of structures The maximum height of any structure in a C- N(RHD) di strict
(i) Enclosure of uses. All permitted and conditional uses shall be conducted entirely within
a completely enclosed structure, except for off - street parking and loading, gasoline service
stations, outdoor dining, nurseries, garden shops and Christmas tree and pumpkin sales
lots.
(j) Screening and landscaping. An area not less than five feet in depth along all property
lines that abut a street shall be landscaped with plant materials and /or improved with
sidewalks or pathways as required by the Planning Commission. All planting materials
shall permanently be maintained by the owner or occupant of the site.
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provisions of this Section, where multi - family dwellings will be located upon a site, the
project shall comply with the development standards set forth in Article 15 -17 of this
Chapter. The density of development above twenty dwelling units per net acre shall be as
determined in each case by the Planning Commission, based upon its findings that:
(1) The project w ill not constitute ove r buildi of the site; and
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n
reet
or
is rict, the minimum front
District
Height
CH -1
35 feet. No facing Big Basin Way
portion of a structurc shall exceed two stories
and no facing Saratoga Creek three
portion of a structurc shall exceed stories.
CH -2
26 feet. ' -. - - -
. .. . .
2 The ' i 'e i om ' i s 1 with th str ct r s and s n i t of s velo s m on
adjacent properties; and
(3) The project will preserve a suf ficient amount of o ven spac on t he site a nd
4 Th ' ro'e will ' rov' i ffi i n li ' ht • nd . it for the r i ' n s of th it an h
occupants of adjacent properties.
15- 19.050 C -H district regulations
(i) Height of structures. The maximum height of any structure in each C -H district shall be as
follows:
TABLE INSET:
Article 15 -46 DESIGN REVIEW: MULTI - FAMILY DWELLINGS AND COMMERCIAL
STRUCTURES
15- 46.020 Requirement for design review; public hearing.
(a) In each of the following cases, no building permit shall be issued until the proposed
improvements have received design review approval by the Planning Commission pursuant to
this Article:
(1) Any new main structure in an R -M, P -A or C district.
(2) Any expansion over five hundred square feet to an existing main structure in an R -M, P-
A or C district.
(3) Any substantial exterior alteration, as determined by the Community Development
Director, to an existing structure in an R -M, P -A or C district.
(4) Any addition over twenty -two feet in height to an existing main or accessory structure in
an R -M, P -A or C district.
(5) Any parking lot in an R -M, P -A or C district covering an area of one thousand square
feet or greater.
(6) Any structure, except a single - family dwelling or accessory structure, having a floor
area of one thousand square feet or greater, located in an A, R -1, HR or R -OS district.
(7) Any mixed -use project .
(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
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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 upon which the structure, expansion, alteration, addition or parking lot is to be
constructed. 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.
Article 15 -58 MIXED -USE DEVELOPMENT STANDARDS
15- 58.010 Purposes of Article.
The purpose of the mixed -use development standards is the implementation of Program 1.1 of
the Housing Element of the General Plan. The goal is to implement this Housing Program in a
consistent manner throughout the various commercial and office zoning districts of the City. It is
further the goal of these standards to protect existing and future commercial development.
15- 58.020 Development standards.
(a) The maximum density is twenty dwellings per net acre except as provided in Section 15-
19.035 of this Code.
(b) Only commercial use(s) may be located on the ground floor abutting a street. Dwelling
unit(s) may be located in all other portions of the structure.
(c) - - . • - . hall not comprise more than fifty percent of the total floor arca of all
buildings on the site. The maximum floor ar a allowed may be incr ascd by tcn percent for
projects providing below market rate rental housing. The City may impose no condition
limiting the percentage of the total allowable re idential floor area on the mixed -use site to
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approved by the Planning Commission during a design review process upon the
Commission making the following findings:
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the Zoning Regulations and the purposes of the district in which the site is located;
and
(2) that the proposed location of the mixed -use and the conditions under which it
would be operated or maintained will not be detrimental to the public health, safety
or welfare, or materially injurious to properties or improvements in the vicinity;
and
of this Chapter; and
fixed -use will comely wi th each of the_annlicable nrovisi
(4) that the proposed mixed -use will not adversely affect existing or anticipated
uses in the immediate neighborhood, and will not adversely affect surrounding
properties or the occupants thereof.
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(d) Parking for both the non - residential use and the dwelling unit(s) shall be as specified in the
Zoning Ordinance Article 15 -35 of this Chapter, provided that the Planning Commission may
consider approve shared parking if it determines that it will not result in some casts adverse
impacts on adjacent uses.
(e) Perimeter fencing shall be required to the-maximum-height allowed in the Zoning Ordinance
conform to Article 15 -29 of this Chapter.
(f) Each dwelling shall have private, usable outdoor space, i e in 1 in ut n lim' to
decks, balconies, yards or patios.
(g) The maximum height of a mixed -use structure -shall be twenty six feet. Structures that are
- ' _ _ -- • - - - - - • - as it is stated in the
underlying zoning district.
of the Residential Design Handbook and any othcr design standards in place for the ar a of
application.
(i) ( } Overall site coverage may be increased by up to ten percent of the maximum allowed in
the Zoning District for projects containing at least ten percent (10 %) of the units deed restricted
to below market rate housing units.
(j) Mixed -use projects shall have sound walls and landscape screening in order to protect the
privacy and quality of life of abutting single- family residential lands land uses.
(10 (fl The residential component of a mixed -use project shall be rental and /or owner
occupied.
Sequent mixed use development.
(1) (k) Projects with multiple stories shall be reviewed to ensure that design features such as
setbacks and window placement provide adequate privacy protection.
density or intensity of use.
(n) a) Smaller mixed -use projects (twenty or fewer dwelling units) must pay an in lieu fee for
park construction.
(o ) (m) In larger mixed -use projects (more than twenty dwelling units) either the developer must
pay an in -lieu fee for park construction or construct common, useable open space on site at the
discretion of the Planning Commission based on the vicinity of existing public parks.
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Article 15 -80 MISCELLANEOUS REGULATIONS AND EXCEPTIONS
15- 80.025 Reasonable Accommodation Procedure
(a) Applicability and Definitions.
(1) "Reasonable accommodation" means nrovidin ' individuals with disabilities or
s 1 on ors I f 1 ro s in ludin ' r sid n ial and non -re identi .1 1 evel 1 1 men sabl I n
individual with a disabili flexibilitw in the application of land use and zonin' and /or
building regulations, policies nr . is s : nd /o 1 r I • 1 ur or v n w : ivin ' rtain
disability.
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impairment that limits one or more major life activities; anyone who is regarded as having
Such impairment; or anyone with a record of such impairment.
(3) "Eligible Person" m eans any individual with a disability his or her representative
(b) Notice of Accommodation Process Notice of the ava ilability of reasonabl
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(1) Name and address of the individual(
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(2) Name and address of the property owner(s);
procedure for which accommodation is sought and
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Community Develonment D epartme nt, advising the public of the availability of the
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(aAuthority to Request Reasonable Accommodation In order to make a project usab to
an individual with a disability, any eligible person may request a reasonable
_ '11. 111' Ir: 1 al 1 1
procedures in accordance with this section.
(d ) Process for Requests for Reasonable Accommodation Requests for reasonable
accommodation shall be in writin' : , 1 • 1 is • 1 • 1 1 . • ' • fir 11 : ' 1 1 •
1 1• 1 : 1 1 I . -• : 1 1 • 1 I 1• S•
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(e) Any information identified by an applicant as confidential in the application or in
connection with any appeal of a decision pursuant to this section shall be retained in a
manner so as to respect the privacy rights of the applicant and shall not be made available
for public inspection except as otherwise required by law.
A re u s f l sona l le I mm l i l n in r' ula ion Ili 1 ice 1 I r
procedure may be filed at any time that the accommodation may be necessary to ensure
equal use of the project. A reasonable accommodation does not affect an individual's
obligations to comply with other applicable regulations not at issue in the requested
accommodation.
(g) If an individual needs assistance in making the request for reasonable accommodation
or hi filing an appeal of a decision pursuant to this section , the City shall provide
assistance to ensure that the process is accessible.
(h) Review of Request. If a request for reasonable accommodation is made in connection
with an application for a project approval the request shall be reviewed as part of the
application review process and a decision on the request shall be made at the time of a
decision on the application. All other requests shall be reviewed by the Communi i
Development Director and a decision shall be made within thirty days of the date of the
reasonable accommodation in accordance with the required findings set forth in Section
15- 80.025(i). If necessary to reac a decision on the request for reasonable accommodation.
1 111 •
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consistent with fair housing or any other applicable laws, specifying in detail the
information that is required. In the event that a request for additional information is made,
the time period to issue a decision is stayed until the applicant responds to the request.
(i) The written decision to grant, grant with modifications, or den_ •
reasonable accommodation shall be consistent with fair housing and any other applicable
laws and based on the following factors:
(1) Whether the project, which is the subject of the request for reasonable
accommodation, will be used by an individual with disabilities protected under fair housing
and /or any other applicable laws;
(2) Whether the requested accommodation is necessary to make a project usable and
available to an individual with disabilities protected under the fair housing and /or any
other applicable laws;
(3) Whether the requested accommodation would impose an undue financial and /or
administrative burden on the jurisdiction and;
(4) Whether the requested accommodation would require a fundamental alteration in
the nature of the City's land use and zoning and /or building regulations.
(j) All decisions on the request for reasonable accommodation shall explain in detail the
basis of the decision, including the determinations on the factors set forth above. All
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written decisions shall give notice of the applicant's right to appeal. The notice of decision
shall be sent to the applicant by regular and certified mail. The written decision of the
reviewing authority shall be final unless an applicant appeals in accordance with this Code.
If the reviewing authority fails to render a written decision on the request for reasonable
accommodation within the time required by this Code, the request shall be deemed
granted. While a request for reasonable accommodation is pending, all laws and
regulations otherwise a • s 1 ble ro I erty that is the sub_ • • f he r • sh .1
remain in full force and effect.
- End of amendments to Article 15 -10, 15 -19, 15 -46, 15 -58, and 15 -80 -
9
Legal Notice
CITY OF SARATOGA
NOTICE OF ORDINANCE
NO. 277
AMENDING CITY CODE
ARTICLES 15 -10, 15 -19,
15 -46, 15-58 AND 15 -80
OF THE SARATOGA CITY
CODE TO IMPLEMENT
THE 2007-2014 HOUSING
ELEMENT UPDATE
ON APRIL 21, 2010, THE
CITY COUNCIL OF THE
CITY OF SARATOGA
ADOPTED THE ABOVE
ORDINANCE AMENDING
ARTICLES 15 -10, 15 -19,
15 -46, 15 -58 AND 15 -80
OF THE SARATOGA CITY
CODE
Comprehensive Summa-
ry: This Ordinance
amends the Saratoga
City Code to implement
polices contained in the
2007 -2014 General Plan
Housing Element Up-
date. The amendments
include:
"The creation of the C -N
(RHD) zoning district on
the south side of Pros-
pect Road boarded by
Lawrence Expressway
and Saratoga Avenue.
This new zone district
would allow mixed -use
developments with min-
imum residential densi-
ties of twenty dwelling
units per net acre as a
permitted use. Other
permitted uses would
include emergency shel-
ters, transitional hous-
ing, and supportive
housing for homeless in-
dividuals and families.
New conditional uses
would include "drive
through services" and
"gasoline service sta-
tions".
"The two -story limit for
structures facing Big Ba-
sin Way and the three -
story limit for structures
facing Saratoga Creek in
the CH -1 zoning district:
including the two -story
limit in the CH -2 zoning
district, were eliminat-
ed.
"New development
standards were added
to Article 15-58 (Mixed -
Use Development Stand-
ards). These include
new findings to be made
by the Planning Com-
mission prior to allow-
ing the residential den-
sity to exceed fifty per-
cent on a mixed -use
site. The rental occu-
pancy requirement for
mixed -use projects was
eliminated thereby al-
lowing either rental
and /or owner occupied
housing units. Re ula-
tions were removed that limited the square foot-
age of individual dwell-
ing units in mixed -use
P rojects.
New Reasonable Ac-
commodation Proce-
dures were added as
Section 15- 80.025. These
new provisions describe
procedures to provide
relief from zoning re-
quirements that have a
discriminatory effect on
housing for individuals
with disabilities.
The ordinance was
adopted April 21, 2010.
The ordinance will
amend Articles 15 -10,
15.19, 15-46, 15-58, and
15 -80 of the Saratoga
City Code. The full text
of the ordinance is avail-
able for review at
www.saratoga.ca.us
and in the office of the
City Clerk at 13777
Fruitvale Avenue, Sara-
toga, California during
,EY COMMUNITY NI
Legal Notice
regular business hours.
Councilmembers voting
for the ordinance:
Howard Miller, Chuck
Page, and Mayor
Kathleen King
Councilmembers voting
against the ordinance:
Vice Mayor Jill Hunter
Councilmembers
absent:Susie Nagpal
/s/ Ann Sullivan
Ann Sullivan, City Clerk
PUB: 05 /04/10
• •
NOTICE OF PUBLIC
HEARING
BEFORE CITY COUNCIL
Notice is hereby given
that the City Clerk of the
City of Saratoga, State
of California has set
Wednesday, the 19th
day of May 2010, at 7:00
Chambers City at Council
Fruitvale Avenue, Sara
toga, California, as the
set time and place for
the first public hearing
on:
Establishing the City's
Operating & Capital
Budget for
Fiscal Year 2010/11
All interested persons
may appear and be
heard at the above time
and place. In order to
be included in the City
Council's information
packets, written corn
munications should be
filed on or before the
Thursday before the
meeting. A copy of any
material provided to the
City Council on the
above hearings) is on
file at the Office of the
Saratoga City Clerk at
13777 Fruitvale Avenue,
Saratoga. Questions
may be addressed to
the City Clerk, (408) 868-
1269.
/s /Ann Sullivan
City Clerk
Pub: 05 /04/10