Loading...
HomeMy WebLinkAbout05-05-2009 Cup Joint Study Session6:30P.M. ARTS CRAFTS ROOM COMMUNITY CENTER, 19655 ALLENDALE AVENUE CALL MEETING TO ORDER 6:30P.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 April 30, 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 (3) 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 MAY 5, 2009 Oral Communications Council Director to Staff Instruction to Staff regarding actions on current Oral Communications. JOINT MEETING WITH PLANNING COMMISSION 1. Review Requirements for Businesses that are Permitted or Conditional Uses. 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 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 April 30, 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 www.saraloga.ca.us Signed this 30 day of April 2009 at Saratoga, California. Ann Sullivan, CMC City Clerk 2 SARATOGA CITY COUNCIL JOINT STUDY SESSION WITH THE PLANNING COMMISSION MEETING DATE: May 5, 2009 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: John F. Livingstone, AICP DIRECTOR: John F. Livingstone, AICP SUBJECT: Review Businesses that are permitted uses or require a Conditional Use Permit STUDY SESSION REQUIREMENTS: The Study Session is a fact finding meeting where the City Council and Planning Commission may discuss the item and ask questions from or hear statements from the applicant or members of the public attending the meeting. During the Study Session, the City Council or Planning Commission may only discuss items related to the project. RECOMMENDED ACTION: Direct Staff Accordingly. REPORT SUMMARY: Review which uses are permitted and which uses require Conditional Use Permits. DISSCUSSION: The City Council has expressed interest in reducing the cost, time, and uncertainty of obtaining a Conditional Use Permit. The Council has already addressed some of these concerns by creating an incentive program that will reimburse applicants for the cost of applying for Use Permits that are considered important to the community. The City Council has also directed the Planning Commission to create an Administrative Conditional Use Permit process that will allow certain CUP's to be approved by the Zoning Administrator which will reduce both the time and cost of obtaining a CUP. The Administrative Conditional Use Permit process has been reviewed by the Planning Commission at one study session and has been scheduled for a public hearing May 27, 2009. This report focuses on whether or not some uses that require Conditional Use Permits should be changed to permitted uses. Restaurants are the City's top sales tax generators at 25.3 Retail is the second highest at 13.5 then service stations at 12.6 food markets at 11.7 drug stores 5.0 and auto parts and repairs at 4.8 This totals approximately 72.9% of the City's total sales tax revenue. The remaining 27.1% in divided among smaller categories. 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 Page 1 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 2009 CUP Total Accessory l 1 Generator 1 2 2 Day Care 1 1 Reading Clinic 1 1 Nail salon 1 9 1 Total 1 5 6 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 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. Number of Conditional Use Permits processed: 2007 calendar year 2008 calendar year 2009 calendar year FISCAL IMPACTS: A proposed change to a use from a Conditional Use Permit to a permitted use would require environmental review and a zoning code amendment. The environmental review and amendment can be accomplished by staff. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A Page 2 of 3 ALTERNATIVE ACTIONS: Maintain the existing code without making any changes to permitted or conditional uses. 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 Page 3 of 3 Use Description Permit Type P Permitted CUP Conditional Use Permit X Expressly Prohibited Use C -N C -V CH -1 CH -2 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 (i.e. schools, health care) CUP CUP CUP Community facilities (i.e. libraries, parks) 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 P 1 X X Commercial District Regulations Summary 1 Only when the drive through service is within the Overlay along Prospect Road. Use Description Permit Type P Permitted CUP Conditional Use Permit X Expressly Prohibited Use C -N C -V CH -1 CH -2 Any use involving automotive body work, such as collision repair, painting, dismantling or customizing X X 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 lots 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 2 When located either above the street level or at the street level if separated from the street frontage by a retail establishment. 3 When located at street level and having street frontage. `When above street level but do not have primary access from Big Basin Way or across the front lot line. 5 At street level with primary access from Big Basin Way or across the front lot line. Use Description Permit Type P Permitted CUP Conditional Use Permit X Expressly Prohibited Use R -1 R -M HR R -OS 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 P 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 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 Residential District Regulations Summary 6 Not more than one per lot. Not more than 250 sq. ft. 8 Less than 1,600 sq. ft or less. 9 Greater than 1,600 sq. ft. 10 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. Use Description Permit Type P Permitted CUP Conditional Use Permit X Expressly Prohibited Use R -1 R -M HR R -OS Stables and corrals (More than Two horses) CUP Stables, corrals, and pastures (one acre per two horses) P 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 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 P 11 CUP 12 CUP CUP CUP Boarding stables and community stables CUP 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. Residential District Regulations Summary 11 To be used solely by persons resident on the site and their guests. 12 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. Use Description Permit Type P Permitted CUP Conditional Use Permit X Expressly Prohibited Use R -1 R -M HR R -O5 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 Picnic and camp sites CUP Botanical gardens CUP Veterinarian clinics CUP Residential District Regulations Summary 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 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. C: \Documents and Settings \ctclerk \Local Settings \Temporary Internet Files \OLKCE \Permit Regulations Excerpts- Commercial and Residential cup CC -PC study session 3- 3- 09.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 Excerpts- Commercial and Residential cup CC -PC study session 3- 3- 09.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 Excerpts- Commercial and Residential cup CC -PC study session 3- 3- 09.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 Excerpts- Commercial and Residential cup CC -PC study session 3- 3- 09.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 Excerpts- Commercial and Residential cup CC -PC study session 3- 3- 09.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 Excerpts- Commercial and Residential cup CC -PC study session 3- 3- 09.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 Excerpts- Commercial and Residential cup CC -PC study session 3- 3- 09.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 Excerpts- Commercial and Residential cup CC -PC study session 3- 3- 09.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 Excerpts- Commercial and Residential cup CC -PC study session 3- 3- 09.doc