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HomeMy WebLinkAbout03-03-2009 Cup Joint Study Session6:OOP.M. ARTS CRAFTS ROOM COMMUNITY CENTER, 19655 ALLENDALE AVENUE CALL MEETING TO ORDER 6:OOP.M. ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on February 25, 2009. COMMUNICATIONS FROM PUBLIC Oral Communications on Non- Agendized Items Any member of the public will be allowed to address the City Council for up to three minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Communications from Boards and Commissions Written Communications AGENDA CITY OF SARATOGA CITY COUNCIL PLANNING COMMISSION CUP JOINT STUDY SESSION MARCH 3, 2009 Oral Communications Council Director to Staff Instruction to Staff regarding actions on current Oral Communications. JOINT MEETING WITH PLANNING COMMISSION 1. Review Conditional Use Permit (CUP) Requirements. ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also 1 (3) available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868 -1269 or ctclerk@saratoga.ca.us. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102- 35.104 ADA Title 11). Certificate of Posing of Agenda: I, Ann Sullivan, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga and the Saratoga Planning Commission was posted Februaiy 25, 2009 at the office of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's website at u- 'ww.saratoga.cu. Signed this 25 day of February 2009 at Saratoga, California. �n ullivan, CMC City Clerk 2 RECOMMENDED ACTION: Direct Staff Accordingly. SARATOGA CITY COUNCIL JOINT STUDY SESSION MEETING DATE: March 3, 2009 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: John F. Livingstone, AICP DIRECTOR: John F. Livingstone, AICP SUBJECT: Review the requirements for Conditional Use Permits (CUP) REPORT SUMMARY: On February 4, 2009 the City Council reviewed the fees associated with Conditional Use Permits. At this meeting the City Council expressed interest in reducing the cost, time, and uncertainty of obtaining a Conditional Use Permit. The Council asked staff to place on the agenda an item where the various options brought up by the Council could be discussed in detail. This staff report includes summaries of the City's current use permit requirements. There is a range of options available to the City Council. Some options could be implemented with budget resolutions on the consent calendar at the next Council meeting. Others could be accomplished with relatively straightforward procedural amendments to the City Code that would not require environmental review. Others would require code amendments and environmental review. The following are some of the options discussed by the City Council at the February 4ch meeting in each of these categories: Things that could be acted upon at the next City Council meeting Lower the cost of use permits by subsidizing the Conditional Use Permit fee to encourage new business development in the City of Saratoga. Create an incentive program by waiving the fee for the first three (or some other number) CUP's for a specific use or uses. Code Amendment not requiring environmental review Create an Administrative Review Process with a Zoning Administrator to hear some or all use permit applications. The current CUP costs $4,400 plus a $300 document storage fee. The new process would cost approximately $4,000 plus the document storage fee. The new process would avoid the time required to have matters heard by the Planning Commission. Page 1 of 2 Create a streamlined administrative review process for some or all CUPs similar to the current Administrative Design Review process where letters are sent out stating "Notice of Intent to Approve" that allows interested parties to submit written comments within a 15 day period. This process would cost approximately $3,400 which is the same fee as an Administrative Design Review which does not require a formal hearing. Create an administrative process using one of the options above but allowing appeals only to go straight to the City Council. This would reduce the steps in the process that would be encountered by an applicant. Create an Administrative approval process using one of the options above but limited to only certain uses or uses below a certain threshold (e.g., 3,000 square feet). Code Amendments that would require environmental review Allow community facilities such as a Visitor Center or Chamber of Commerce to be a Permitted Use. Allow specific uses to be Permitted Uses. Suggestions made during the last City Council meeting are Family Style Restaurants, Breakfast Restaurants, and Establishments that engage in the sale of alcoholic beverages, Ice Cream Parlors, Bakeries and Markets. FISCAL IMPACTS: A budget amendment would be required to waive or reduce fees for Conditional Use Permits to supplement the Community Development Department budget. The Community Development Department is a self funded department. Waiving fees may also cause an increase in use permit applications. The City Council has approximately $48,000 remaining in their discretionary fund. ALTERNATIVE ACTIONS: The Council could recommend maintaining the existing Conditional Use process. FOLLOW UP ACTION: As directed. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting was properly posted. ATTACHMENTS: 1. Matrix of Permitted and Conditional Uses 2. Code excerpts for Permitted and Conditional Uses 3. Minutes from the February 4, 2009 City Council meeting 4. February 4, 2009 staff report Page 2 of 2 SARATOGA CITY COUNCIL MEETING DATE: February 4, 2009 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: John F. Livingstone, AICP DIRECTOR: John F. Livingstone, AICP SUBJECT: Review the fees required for Conditional Use Permits (CUP) RECOMMENDED ACTION: Direct Staff Accordingly. REPORT SUMMARY: Review the fees required for Conditional Use Permit requirements. DISSCUSSION: The current cost of a Conditional Use permit may be deterring new businesses from applying for permits, and looking to other areas or cities that do not require a use permit and the associated fees. A Conditional Use Permit requires a flat fee of $4,400 and a document storage fee of $300 for a total fee of $4,700. Conditional Use permits for a restaurant typically take approximately three months from the date the application is submitted to the Community Development Department to Planning Commission approval. In the City's top 10 sales tax contributors there are two restaurants that generate 7.1% of the total sales tax for the City. Of the top 25 sales tax contributors there are nine restaurants contributing 17.71% of the City's sales tax. All restaurants require a Conditional Use Permit and are subject to the associated fees. The City Council has expressed interest in reducing the cost, time, and uncertainty of obtaining a Conditional Use Permit. This report focuses on the cost component of the process. The City Council may choose to lower the cost by subsidizing the Conditional Use Peiniiit fee to encourage new business development in the City of Saratoga. Background: Each zoning district has permitted uses and conditional uses. The permitted uses are allowed uses that require no discretionary review. The Conditional Uses are also allowed, but only with Planning Commission approval. Because of their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of the Zoning Ordinance and with respect to their effects on surrounding properties. In order to achieve these purposes, the Planning Commission is empowered to grant and to deny applications for use permits and to impose reasonable conditions upon the granting of use permits, subject to review by the City Council. Page 1 of 3 Types of permitted and conditional uses: The following general regulations shall apply to all commercial districts in the City: (a) Permitted uses. The following permitted uses shall be allowed in any commercial district, unless a use involves the operation of a business providing direct customer service (including, but not limited to, conducting a delivery service) on-site between the hours of 1:00 A.M. and 6:00 A.M., in which event such use may be allowed upon the granting of a use permit pursuant to Article 15-55 of this Chapter: (1) Retail establishments, except restaurants, markets, delicatessens, and any establishment engaged in the sale of alcoholic beverages. (2) Home occupations, conducted in accordance with the regulations prescribed in Article 15-40 of this Chapter. (3) Parking lots which comply with the standards for off-street parking facilities as set forth in Section 15-35.020 of this Chapter. (4) Accessory structures and uses located on the same site as a permitted use. (b) Conditional uses. The following conditional uses may be allowed in any commercial district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter: (1) Restaurants. (2) Markets and delicatessens. (3) Any establishment engaged in the sale of alcoholic beverages. (4) Hotels and motels. (5) Bed and breakfast establishments. (6) Institutional facilities. (7) Community facilities. (8) Game arcades. (9) Gasoline service stations on sites abutting Saratoga/Sunnyvale Road, Saratoga/Los Gatos Road or Saratoga Avenue and accessible directly from such arterial road; provided, that all operations except the sale of gasoline and oil shall be conducted within an enclosed structure. (10) Animal establishments, as defined in Section 7-20.010(c) of this Code. All animal establishments shall be subject to the regulations and license provisions set forth in Section 7- 20.210 of this Code. (11) Public buildings and grounds. (12) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks, transmission lines and cable television facilities. (13) Accessory structures and uses located on the same site as a conditional use. (14) Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications. Findings: A use permit is not a matter of right, and the Planning Commission may deny a use permit or impose conditions upon the granting thereof if it finds that the proposed conditional use will adversely affect existing or anticipated uses in the immediate neighborhood, or will adversely affect surrounding properties or the occupants thereof. The Planning Commission may grant a use permit as applied for or in modified form if, on the basis of the application and the evidence submitted, the Commission makes all of the following findings: (a) That the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located. Page 2 of 3 Type CUP in the Village Other Areas 2008 CUP Total Accessory 1 1 Generator 1 3 3 Day Care 2 2 Height Limit 4 4 Church 1 1 1 Restaurant 1 1 2 Sleep Center 1 1 Total 1 13 14 Type CUP In the Village Other Areas 2007 CUP Total Generator 2 2 Antenna/Cell Tower 1 4 5 Accessory 1 1 Restaurant 2 2 Total 1 9 10 (b) That the proposed location of the conditional 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. (c) That the proposed conditional use will comply with each of the applicable provisions of this Chapter. Number of Conditional Use Permits processed: 2007 2008 FISCAL IMPACTS: A budget amendment would be required to waive or reduce fees for Conditional Use Permits to supplement the Community Development Department budget. The Community Development Department is a self funded department. Waiving fees may also cause an increase in use permit applications. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTIONS: The Council could recommend staff investigate a way to streamline the Conditional Use process. FOLLOW UP ACTION: As directed. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting was properly posted. ATTACHMENTS: None Page 3 of 3 15- 19.020 General Regulations. Commercial District Regulations The following general regulations shall apply to.all commercial districts in the City: (a) Permitted uses. The following permitted uses shall be allowed in any commercial district, unless a use involves the operation of a busine providing direct customer service (including, but not limited to, conducting a delivery service) on -site between the hours of 1:00 A.M. and 6:00 A.M., in which event such use may be allowed upon the granting of a use permit pursuant to Article 15 -55 of this Chapter: (1) Retail establishments, except restaurants, markets, delicatessens, and any establishment engaged in the sale of alcoholic beverages. (2) Home occupations, conducted in accordance with the regulations prescribed in Article 15 -40 of this Chapter. (3) Parking lots which comply with the standards for off street parking facilities as set forth in Section 15- 35.020 of this Chapter. (4) Accessory structures and uses located on thi same site as a permitted use. (b) Conditional uses. The following conditional uses may be allowed in any commercial district, upon the granting of a use permit pursuant to Article 15 -55 of this Chapter: (1) Restaurants. (2) Markets and delicatessens. (3) Any establishment engaged in the sale of alcoholic beverages. (4) Hotels and motels. (5) Bed and breakfast establishments. (6) Institutional facilities. (7) Community facilities. (8) Game arcades. (9) Gasoline service stations on sites abutting Saratoga /Sunnyvale Road, Saratoga /Los Gatos Road or Saratoga Avenue and accessible directly from such arterial road; provided, that all operations except the sale of gasoline and oil shall be conducted within an enclosed structure. (10) Animal establishments, as defined in Section 7- 20.010(c) of this Code. All animal establishments shall be subject to the regulations and license provisions set forth in Section 7- 20.210 of this Code. (11) Public buildings and grounds. (12) Public utility and public service pumping st power stations, drainage ways and structures, storage tanks, transmission lines and cable television facilities. (13) Accessory structures and uses located on the same site as a conditional use. (14) Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications. C: \Documents and Settings \ctclerk \Local Settings \Temporary Internet Files \OLKCE \Permit Regulations Commercial and Residential.doc (c) Expressly prohibited uses. Without limiting the application of Section 15- 05.055(a) of this Chapter, the following uses are expressly declared to be prohibited in all commercial districts: (1) Any use which emits air pollutants, solid or liquid wastes, radioactivity, or other discharge which endangers human health or causes damage to animals, vegetation or property. (2) Any use which creates offensive odor, noise, vibration, glare or electrical disturbance, detectable beyond the boundaries of the site, or creates a hazard of fire or explosion. (3) Any use involving drive through service, such as restaurants and financial institutions with drive through windows. (4) Any use involving automotive body work, such as collision repair, painting, dismantling or customizing. (5) Mini- storage facilities. (6) Outdoor sales or storage of motor vehicles. 15 19.030 C N district regulations. (a) Permitted uses. In addition to the permitted uses listed in Section 15- 19.020(a) of this Article, the following permitted uses shall also be allowed in a C -N district: (1) Professional and administrative offices. (2) Financial institutions. (3) Personal service businesses. (4) Religious and charitable institutions. (5) Christmas tree and pumpkin sales Tots. (b) Conditional uses. In addition to the conditional uses listed in Section 15- 19.020(b) of this Article, the following conditional uses may also be allowed in a C -N district, upon the granting of a use permit pursuant to Article 15 -55 of this Chapter. (1) Mixed -use development conforming to the design standards found in Article 15 -58. (2) Medical offices and clinics. 15 19.040 C V district regulations. (a) Permitted uses. In addition to the permitted uses listed in Section 15- 19.020(a) of this Article, the following permitted uses shall also be allowed in a C -V district: (1) Professional and administrative offices. (2) Financial institutions. (3) Personal service businesses. (b) Conditional uses. In addition to the conditional uses listed in Section 15- 19.020(b) of this Article, the following conditional uses may also be allowed in a C -V district, upon the granting of a use permit pursuant to Article 15 -55 of this Chapter: (1) Religious and charitable institutions. (2) Mixed -use development conforming to the design standards found in Article 15 -58. (3) Medical offices and clinics. (4) Mortuaries. C: \Documents and Settings \ctclerk \Local Settings \Temporary Internet Files \OLKCE \Permit Regulations Commercial and Residential.doc (5) Theaters. (6) Automobile upholstering shops, provided all operations are conducted within an enclosed structure. 15 19.050 C H district regulations. (a) Permitted uses. In addition to the permitted uses listed in Section 15- 19.020(a) of this Article, the following permitted uses shall also be allowed in the CH -1 and CH -2 districts: (1) professional, administrative and medical offices and financial institutions, when located either above the street level or at the street level if separated from the street frontage by a retail establishment; and (2) personal service businesses that are above street level, and personal service businesses that are at street level but do not have primary access from Big Basin Way or across the front lot line. (b) Conditional uses. In addition to the conditional uses listed in Section 15- 19.020(b) of this Article, the following conditional uses may also be allowed in the CH -1 and CH -2 districts, upon the granting of a use permit pursuant to Article 15 -55 of this Chapter: (1) Professional, administrative and medical offices and financial institutions, when located at street level and having street frontage. (2) Theaters. (3) Religious and charitable institutions. (4) Mixed -use development conforming to the design standards found in Article 15 -58. (5) Personal service businesses at the street level that have primary access from Big Basin Way or across the front lot line. C: \Documents and Settings \ctclerk \Local Settings \Temporary Internet Files \OLKCE \Permit Regulations Commercial and Residential.doc Residential District Regulations Article 15 -12 R -1: SINGLE FAMILY RESIDENTIAL DISTRICTS 15- 12.020 Permitted uses. The following permitted uses shall be allowed in the R -1 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. (Amended by Ord. 221 2 (part), 2003) 15 12.030 Conditional uses. The following conditional uses may be allowed in the R -1 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 six persons being cared for at the facility. (g) Public utility and public service pumping stations, power stations, drainage ways and C: \Documents and Settings \ctclerk \Local Settings \Temporary Internet Files \OLKCE \Permit Regulations Commercial and Residential.doc 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. (j) 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) Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications. (Amended by Ord. 221 2 (part), 2003; Ord. 245 2 (Att. A) (part), 2006) Article 15 -17 R -M: MULTI FAMILY RESIDENTIAL DISTRICTS 15- 17.020 Permitted uses. The following permitted uses shall be allowed in the R -M districts: (a) Single- family dwellings. (b) Multi- family dwellings. (c) Accessory structures and uses located on the same site as a permitted use, including garages and carports, garden sheds, greenhouses, shade structures, recreation rooms, hobby shops, cabanas and structures for housing swimming pool equipment. (d) 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. (e) Home occupations, conducted in accordance with the regulations prescribed in Article 15 -40 of this Chapter. (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 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. 15 17.030 Conditional uses. The following conditional uses may be allowed in the R -M districts, upon the granting of a use permit pursuant to Article 15 -55 of this Chapter: (a) Accessory structures and uses located on the same site as a conditional use. (b) Community facilities. C: \Documents and Settings \ctclerk \Local Settings \Temporary Internet Files \OLKCE \Permit Regulations Commercial and Residential.doc (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. (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. (i) Model dwelling units utilized in connection with the sale of dwelling units in a residential subdivision, located within the same subdivision or, in the discretion of the Planning Commission, 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. (j) Hotels, in the R -M -3,000 district only. (k) Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications. (Amended by Ord. 71 -163 1 (part), 1996) Article 15 -13 HR: HILLSIDE RESIDENTIAL DISTRICT 15- 13.030 Permitted uses. The following permitted uses shall be allowed in the HR district: (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 and one guest house. (c) Raising of vegetables, field crops, fruit and nut trees and horticultural specialties, and the processing of such products as are so raised or grown on the premises. (d) Home occupations, conducted in accordance with the regulations prescribed in Article 15 -40 of this Chapter. (e) Stables and corrals or the keeping for private use of not more than two horses on a site. The minimum net site area shall be forty thousand square feet for one horse and eighty thousand square feet for two horses, except that in the equestrian zone only, a second horse may be kept if the net site area is at least forty thousand square feet. 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) Public parks, trails and other publicly owned open spaces. (Ord. 71.113 2 (part), 1992) 15- 13.040 Conditional uses. C: \Documents and Settings \ctclerk \Local Settings \Temporary Internet Files \OLKCE \Permit Regulations Commercial and Residential.doc The following conditional uses may be allowed in the HR district, upon the granting of a use permit pursuant to Article 15 -55 or Article 15 -56 of this Chapter. The conditional uses listed in subsections (k), (I), (m), (n) and (o) of this Section may be permitted, provided the uses do not create major traffic or noise impacts and are found to be compatible with the immediately surrounding area: (a) Accessory structures and uses located on the same site as a conditional use. (b) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks and transmission lines. (c) Recreational courts, to be used solely by persons resident on the site and their guests. (d) Boarding stables and community stables, subject to the regulations prescribed in Section 7- 20.220 of this Code. (e) 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. (f) Stables and corrals for the keeping for private use of more than two horses on a site. The minimum net site area for each horse shall be forty thousand square feet, except that in the equestrian zone only, one additional horse may be permitted for each 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. (g) Plant nurseries, excluding sales of items other than plant materials. (h) Wineries. (i) Cluster development in accordance with Section 15- 13.060(c). (j) Community facilities. (k) Institutional facilities. (I) Police and fire stations and other public buildings, structures and facilities. (m) Religious and charitable institutions. (n) Nursing homes and day care facilities. (o) Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications. (Ord. 71.113 2 (part),1992; Ord. 71 -163 1 (part), 1996; Ord. 245 2 (Att. A) (part), 2006) Article 15 -20 R -OS: RESIDENTIAL OPEN SPACE DISTRICT 15- 20.020 Permitted uses. The following permitted uses shall be allowed in the R -OS district: (a) Single- family dwellings. No more than one dwelling unit shall be located on each lot. (b) Accessory structures located on the same lot as a permitted use and not exceeding a total floor area of two hundred fifty square feet, including detached garages and carports, garden sheds, greenhouses, shade structures, recreation rooms, home hobby shops, cabanas, structures for housing swimming pool equipment and one guest house. Accessory structures for C: \Documents and Settings \ctclerk \Local Settings \Temporary Internet Files \OLKCE \Permit Regulations Commercial and Residential.doc agricultural uses such as stables, barns, hay covers and storage sheds shall not exceed a total of one thousand six hundred square feet. (c) Agricultural uses such as raising of vegetables, field crops, vines, fruits, and nut trees, and horticultural specialties, and the processing of such products. (d) Home occupations, conducted in accordance with the regulations prescribed in Article 15 -40 of this Chapter. (e) Stables, corrals, and pastures for the keeping of horses for private use. The minimum net site area shall be one acre for each two horses kept on the site. All horses shall be subject to the regulations and license provisions set forth in Section 7- 20.220 of this Code. Notwithstanding the provisions of Section 16- 80.030(a) of this Chapter, no stable or corral shall be located closer than thirty feet from any interior property line of the site or any structure for human habitation. Setbacks from perennial or intermittent streams shall be sufficient to avoid any discharge or mud slide into the stream. Any stable, corral or pasture which is fifty feet or less from any perennial or intermittent stream bank shall require the approval of the City Engineer and /or Santa Clara Valley Water District. The property owners shall comply with the mitigation measures pursuant to the Water District and /or the City Engineer's requirements. In addition, the natural grade of a corral shall not exceed an average slope of fifteen percent. (f) Swimming pools used solely by persons resident on the site and their guests. Pools shall be constructed subject to the standards provided in Section 15- 20.050(g)(5) and Section 15- 80.030. (g) The keeping for private use of a reasonable number of domestic dogs, cats, sheep, goats, 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 subsection 15- 11.020(h) of this Chapter. (h) Public parks, trails and other publicly owned open spaces. (Ord. 71.98 2 (part), 1991; Ord. 245 2 (Att. A) (part), 2006) 15- 20.030 Conditional uses. The following conditional uses may be allowed in the R -OS district, upon the granting of a use permit pursuant to Article 15 -55 or Article 15 -56 of this Chapter: (a) Accessory structures exceeding a floor area of two hundred fifty square feet. The height standards for such structures may be modified by the Planning Commission through use permit approval. (b) Accessory structures for agricultural use exceeding one thousand six hundred square feet in total floor area. (c) Amphitheaters and other facilities for outdoor presentation of drama, music or other forms of entertainment available to the general public. (d) Police and fire stations and other public buildings, structures and facilities. (e) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks and transmission lines. (f) One recreational court on a single site, to be used solely by persons resident on the site and their guests, subject to the regulations prescribed in Section 15- 80.030(c) of this Chapter. (g) Commercial stables, boarding stables and community stables, subject to the regulations C: \Documents and Settings \ctclerk \Local Settings \Temporary Internet Files \OLKCE \Permit Regulations Commercial and Residential.doc prescribed in Section 7- 20.220 of this Code. (h) Facilities for sale of agricultural products produced on the site, including on site retail sales of Christmas trees. (i) Wineries which may include conference facilities designed to accommodate no more than fifty guests with no overnight accommodation. (j) Picnic and camp sites. (k) Botanical gardens. (I) Clustered housing per Section 15- 20.060(d). (m) Veterinarian clinics. (Ord. 71.98 2 (part), 1991; Ord. 245 2 (Att. A) (part), 2006) C: \Documents and Settings \ctclerk \Local Settings \Temporary Internet Files \OLKCE \Permit Regulations Commercial and Residential.doc Use Description Permit Type P Permitted CUP Conditional Use Permit X Expressly Prohibited Use C -N C -V C -H Retail establishments P P P Home occupations P P P Parking lots P P P Accessory structures and uses located on the same site as a permitted use P P P Restaurants CUP CUP CUP Markets and delicatessens CUP CUP CUP Any establishment engaged in the sale of alcoholic beverages CUP CUP CUP Hotels and motels CUP CUP CUP Bed and breakfast establishments CUP CUP CUP Institutional facilities Community facilities CUP CUP CUP Game arcades CUP CUP CUP Gasoline service stations on sites abutting Saratoga /Sunnyvale Road, Saratoga /Los Gatos Road or Saratoga Avenue and accessible directly from such arterial road; provided, that all operations except the sale of gasoline and oil shall be conducted within an enclosed structure CUP CUP CUP Animal establishments CUP CUP CUP Public buildings and grounds CUP CUP CUP Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks, transmission lines and cable television facilities CUP CUP CUP Accessory structures and uses located on the same site as a conditional use CUP CUP CUP Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications CUP CUP CUP Any use which emits air pollutants, solid or liquid wastes, radioactivity, or other discharge which endangers human health or causes damage to animals, vegetation or property X X X Any use which creates offensive odor, noise, vibration, glare or electrical disturbance, detectable beyond the boundaries of the site, or creates a hazard of fire or explosion. X X X Drive through service X X X Any use involving automotive body work, such as collision repair, painting, dismantling or customizing X X X Commercial District Regulations Summary C: \Documents and Settings \ctclerk \Local Settings \Temporary Internet Files \OLKCE \Permit Regulations Summary Commercial and Residential.doc Use Description Permit Type P Permitted CUP Conditional Use Permit X Expressly Prohibited Use C -N C -V C -H Mini storage facilities X X X Outdoor sales or storage of motor vehicles X X X Professional and administrative offices P P P CUP Financial institutions P P P CUP Personal service businesses P P P CUP Religious and charitable institutions. P CUP CUP Christmas tree and pumpkin sales Tots P Mixed-use development CUP CUP CUP Medical offices and clinics CUP CUP P CUP Mortuaries CUP Theaters CUP CUP Automobile upholstering shops CUP Commercial District Regulations Summary 1 When located either above the street level or at the street level if separated from the street frontage by a retail establishment. 2 When located at street level and having street frontage. 3 When above street level but do not have primary access from Big Basin Way or across the front lot line. 4 When having primary access from Big Basin Way or across the front lot line. C: \Documents and Settings \ctclerk \Local Settings \Temporary Internet Files \OLKCE \Permit Regulations Summary Commercial and Residential.doc Use Description Permit Type P Permitted CUP Conditional Use Permit X Expressly Prohibited Use R -1 R -M HR R -O5 Single- family dwellings P P P P Multi- family dwellings P Accessory structures and uses (On site with permitted uses) P P P P Accessory structures and uses (On site with conditionally permitted uses) CUP CUP CUP Accessory structures for agricultural use CUP Accessory structures exceeding a floor area of two hundred fifty square feet CUP 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. P P Raising of vegetables, field crops, fruit and nut trees and horticultural specialties, and the processing of such products as are so raised or grown on the premises. P Wineries CUP CUP Plant nurseries, excluding sales of items other than plant materials. CUP Agricultural uses such as raising of vegetables, field crops, vines, fruits, and nut trees, and horticultural specialties, and the processing of such products. P Facilities for sale of agricultural products produced on the site, including on site retail sales of Christmas trees CUP Home occupations P P P P Stables and corrals (Two or fewer horses) P P Stables and corrals (More than Two horses) CUP Stables, corrals, and pastures (one acre per two horses) P Residential District Regulations Summary s Not more than one per lot. 6 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. C: \Documents and Settings \ctclerk \Local Settings \Temporary Internet Files \OLKCE \Permit Regulations Summary Commercial and Residential.doc �Us e'Descriptu ri P erm t Type PP. ermitte d CUP, Conditional Use Permit Expresslir Prohibited U 1 ;R HR 11 Commercial stables, boarding stables and community stables CUP Swimming pools P P P P The keeping for private use of a reasonable number of domestic dogs, cats and other small mammals, birds, fish and small reptiles P P P P Recreational courts P CUP Community facilities CUP CUP CUP Institutional facilities CUP CUP CUP Police and fire stations and other public buildings, structures and facilities CUP CUP CUP CUP Religious and charitable institutions. CUP CUP CUP Nursing homes and day care facilities, in excess of six persons being cared for at the facility. CUP CUP CUP Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks and transmission lines CUP CUP CUP Recreational courts CUP CUP CUP Boarding stables and community stables CUP CUP Model homes utilized in connection with the sale of new single family dwellings in a subdivision CUP CUP CUP Cemeteries. CUP Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications. CUP CUP CUP Hotels (in the R -M -3,000 district only) CUP Public parks, trails and other publicly owned open spaces. P P Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks and transmission lines. Cluster development CUP CUP Amphitheaters and other facilities for outdoor presentation of drama, music or other forms of entertainment available to the general public. CUP To be used solely by persons resident on the site and their guests. 8 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. C: \Documents and Settings \ctclerk \Local Settings \Temporary Internet Files \OLKCE \Permit Regulations Summary Commercial and Residential.doc Use Description Permit Type P Permitted CUP Conditional Use Permit X Expressly Prohibited Use R -1 R -M HR R -OS Picnic and camp sites CUP Botanical gardens CUP C: \Documents and Settings \ctclerk \Local Settings \Temporary Internet Files \OLKCE \Permit Regulations Summary Commercial and Residential.doc