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HomeMy WebLinkAbout102-Ordinance.pdf 1 Amendments to Saratoga City Code Chapter 15 Text to be added is indicated in bold double-underlined font (e.g., bold double-underlined) and text to be deleted is indicated in strikeout (e.g. strikeout). Text in standard font remains unchanged. ARTICLE 7-20 ANIMALS AND FOWL 7-20.220 - Horses. (a) Purpose. This Section is adopted to establish licensing requirements for the keeping of horses, and to regulate the keeping and maintenance thereof, in order to protect and promote the public health, safety, welfare, comfort and convenience, while permitting residents to keep horses under appropriate conditions, and further to establish conditions and requirements for the operation of commercial and community stables. This Section is also intended to provide a basis for correction of existing unsafe and unhealthful conditions. (b) Definitions. For the purposes of this Section and other provisions of this Code, the following words and phrases shall have the meanings respectively ascribed to them in this subsection, unless the context or the provision clearly requires otherwise: (1) Boarding stable means any stable or corral where horses are lodged or fed for remuneration. (2) Commercial stable means any establishment providing services or facilities for the keeping, training, breeding, or use of horses, other than for private use, including but not limited to, boarding stables and riding schools, but not including community stables. (3) Community stable means a private stable or corral designed, owned and used solely by residents and guests of a particular area, for the keeping, training, breeding, or use of horses in private ownership, for homeowners, private clubs, or riding schools, where riding lessons are not open to the public and no horses are offered to the public for remuneration, hire or sale. (4) Corral means an area enclosed by fencing for the keeping of horses or other livestock. (5) Horse includes any member of the horse family (equidae) including, but not limited to, ponies, donkeys and mules. (6) Horse stable means any building or structure or portion thereof designed or used for the housing or feeding of a horse or horses or other livestock. (7) Keeping or maintenance, in relation to a horse or horses, means the harboring or maintaining possession of any horse on a site together with the maintenance of such animal by the feeding or otherwise supplying of necessities of life to the same. Any horse physically present on a site for a continuous period in excess of seventy-two hours is being kept, within the meaning of this definition, by the owner or other occupancy of the site. 2 (8) Keeping or maintenance for private use, in relation to a horse or horses, means the keeping of horses owned by the owner of the site where such horses are kept, for the private use by such owner and his guests as a use accessory to a residence on the same site, and not for remuneration, hire or sale. (9) Pasture means a plot of ground other than a corral with grass or other plant life available for grazing horses. (10) Riding school means any establishment providing or offering for remuneration, equestrian instruction through private lesson, organized class, or group instructional activities, or any establishment where horses are maintained or facilities provided primarily for the purpose of providing equestrian instruction for remuneration. (c) Interpretation of provisions. The provisions of this Section shall be held to be minimum requirements except where it is expressly stated that maximum requirements shall prevail. The provisions are not intended to impair or interfere with any private restrictions placed upon property by covenant or deed or otherwise; provided, however, that where this Section imposes greater restrictions upon such property, the provisions of this Section shall control. (d) Compliance with regulations; invalidity of horse license issued in violation thereof. (1) It shall be unlawful for any person to keep or maintain any horse, or cause any horse to be kept or maintained in the City except in conformity with the provisions of this Section and the applicable zoning regulations of the City as set forth in Chapter 15 of this Code. (2) Horses may be maintained for private use and commercial or community stables may be maintained only in such zoning districts and only with such minimum site areas and minimum distances of stables and corrals from property lines and other structures as permitted under the applicable zoning regulations set forth in Chapter 15 of this Code. (3) No horse license shall be issued pursuant to this Section in violation of any provisions contained herein or in violation of any other provision of this Code, and any license as may be issued which is in violation of any of said provisions shall be void and of no force or effect. (e) General regulations. All horses in the City shall be kept and maintained in compliance with the following regulations: (1) Enclosures and control. All horses shall at all times be kept in a corral or enclosed stable meeting the requirements of this Section other than when being ridden or exercised under the direct control of some responsible person, except that the Planning Director shall have the power, but not the obligation, to permit the keeping of permitted horses in a pasture under reasonable conditions as imposed in the license. (2) Construction of corrals and stables. All corrals shall be enclosed by a substantial fence, and corrals for the enclosure of stallions shall conform to all State laws governing safety fencing, and all stables and corrals shall be erected and constructed in conformity with the Building Code of the City. 3 Where existing buildings and structures constructed in compliance with regulations in force at the time of construction do not comply with current regulations, and constitute a threat to health, safety or the general welfare, specific corrections may be required by the City Manager as a condition of issuance of a license. (3) Fire protection. Buildings and structures for the keeping of horses shall conform to the fire protection standards of the fire district in which the site is located. (4) Maintenance; sanitary conditions. All stables and corrals shall at all times be kept adequately clean of manure, and the City Manager shall have power to require fly trapping or fly killing substances and devices as a condition of any license, as recommended by the County Health Department. All horses and premises on which horses are kept shall be maintained in a clean and sanitary condition. (f) Commercial and community stables. Each commercial or community stable shall conform with the following provisions, whether or not such provisions are specifically set forth in a use permit granted for such stable under Chapter 15 of this Code: (1) The premises shall be under the full-time supervision of a competent attendant on duty on the premises. (2) Any commercial or community stable providing equestrian instruction shall give such instruction only on the premises, unless special permission to do otherwise has been granted in the use permit. (3) No lighting other than needed for safe passing around buildings shall be permitted unless specifically approved under the terms of the use permit. (g) Horse licenses. (1) Horse license required; exception. No horse over three hundred sixty days of age shall be kept or maintained in the City without the owner or person entitled to custody thereof first obtaining a horse license from the City Manager; provided, however, no license shall be required for any horse kept and maintained in a commercial or community stable under the terms and provisions of a valid use permit issued by the Planning Commission. (2) License fees. Fees for issuance and renewal of horse licenses shall be such amount as established from time to time by resolution of the City Council. (3) Application for license. Application for a horse license shall be made to the City Manager on such forms as he may prescribe. The application shall be accompanied by a dimensioned sketch showing the location of the proposed stables, corrals, fences and other structures and facilities for the maintenance of horses, indicating the distance from existing structures on the subject property, the distance from the property lines of the site, and the location on neighboring parcels of all buildings and structures within a distance of one hundred feet from the site. 4 (4) Issuance of license. Upon determining that all of the provisions of this Section and all other applicable provisions of this Code will be complied with, the City Manager shall issue a horse license for not more than one horse for each forty thousand square feet of site area, or for such other site area per horse as may from time to time be prescribed in the zoning regulations of the City. (5) Conditions of license. Any horse license may be issued subject to any additional conditions or regulations which, in the opinion of the City Manager, are necessary to protect the public health, safety or welfare. (6) Revocation of license. A horse license shall automatically be revoked upon any change of ownership of the horse for which such license is issued or any change in the location of the site on which such horse is kept. In addition, the City Manager may at any time revoke a horse license for violation of any condition set forth therein or violation of any provision contained in this Section or any other provision of this Code. The City Manager shall give the license holder at least ten days' prior written notice of his intention to revoke the license and the reasons for such action. (7) Appeal to City Council. All determinations and decisions by the City Manager pursuant to this Section may be appealed by the applicant or other interested person to the City Council, in accordance with the procedure set forth in Section 2-05.030 of this Code. (h) Inspections. The City Manager and the County Health Officer shall have authority to enter upon and inspect any premises where any horse is kept or maintained for the purpose of enforcing the provisions of this Section. ARTICLE 14-70 REVERSION TO ACREAGE 14-70.080 - Merging and resubdividing without reversion. Subdivided lands may be merged and resubdivided without reverting to acreage by complying with all applicable requirements as set forth in this Chapter and the Map Act. The filing of a final map pursuant to this Chapter, covering two or more parcels, shall constitute legal merging of the separate parcels into one parcel and the resubdivision of such parcel, and the real property shall thereafter be shown on the assessment roll of the County with the new lot or parcel boundaries. The filing of such map shall also constitute abandonment of all streets, easements, dedications and offers of dedication not shown on the map. If no resubdivision is requested, merger of contiguous parcels under common ownership is authorized without reverting to acreage, subject to such terms, covenants, conditions or provisions as the City Council, the City Engineer or the Community Development Director may deem necessary or appropriate and the recordation of an instrument evidencing the merger, which may include a deed of merger. 5 ARTICLE 15-06 DEFINITIONS 15-06.090 - Basement. "Basement" means a space in a structure that is partly or wholly below grade and where the vertical distance from grade to a finished floor directly above such space is less than or equal to forty-two inches. (See Figure 1a) If the finished floor directly above the space is more than forty-two inches above grade at any point along the perimeter, such space shall be considered a story, and the entire space shall be included in the calculation of floor area. This requirement applies to all lots, with the exception of hillside lots. On hillside lots, as defined in Section 15-06.420(e), only the portion of space where the vertical distance of the finished floor directly above such space is more than forty-two inches above grade shall be counted as floor area and considered a story. The number of stories measured vertically at any given point shall not exceed the maximum number of stories allowed in each zoning district. (See Figure 1b) However, if the vertical distance of the finished floor above the space is not more than forty-two inches above grade for at least eighty percent of area of such space, then the entire space is a basement that shall not be included in the calculation of gross floor area and shall not be considered a story. (See Figure 1c) 6 As used herein, the term "grade" shall mean either the natural grade or finished grade immediately adjacent to the exterior walls of the structure, whichever is lower. The Community Development Director shall make the determination for sites where it is unclear as to which is the natural and which is the finished grade. Basements are subject to the requirements of Section 15-80.035. 15-06.341 - Height of fences. "Height of fences" means a vertical line from the highest point of the fence (including lattice or similar material), to a point directly below at either the natural grade or the finished grade, at the owners choice. Where there are differences in grade between adjacent abutting properties, the fence height is measured from the property with the higher grade unless a different measurement standard applies pursuant to another section of this Code. ARTICLE 15-12 SINGLE-FAMILY RESIDENTIAL DISTRICTS (a) No single-family dwelling shall exceed twenty-six feet in height and no other type of main structure shall exceed thirty feet in height. Exceptions to these limitations may be approved pursuant to a Use Permit and Design Review issued in accordance with Article 15-55 of this Code if the additional height is necessary in order to adhere to a specific architectural style. The additional height may only be granted on residentially zoned parcels exceeding twenty thousand square feet. The Staff and Planning Commission will use the "A Field Guide to American Houses" and other resource material approved by the Planning Commission as resources documents to assess the purity of architectural design. (b) No accessory structure shall exceed fifteen feet in height; provided, however, the Planning Commission may approve of an accessory structure extending up to twenty feet in height if the Commission finds and determines that: (1) The additional height is necessary in order to establish architectural compatibility with the main structure on the site; and (2) The accessory structure will be compatible with the surrounding neighborhood. (c) No structure shall exceed two stories, except that pursuant to a use permit issued under Article 15-55 of this Chapter, a three-story structure may be allowed for an institutional facility located upon a site designated for quasi-public facilities (QPF) community facilities (CFS) in the 7 General Plan, where the average slope underneath the structure is ten percent or greater and a stepped building pad is used. ARTICLE 15-18 PROFESSIONAL AND ADMINISTRATIVE OFFICE DISTRICT 15-18.080 Front, side, and rear setback areas. (a) Front setback area. The minimum front setback area of any lot in a P-A district shall be twenty-five feet from the front lot line. (b) Side setback area. The minimum side setback area of any lot in a P-A district shall be ten percent of the average width of the site; provided, that a side setback area of more than twenty-five feet from the applicable side lot line shall not be required and a side setback area of less than ten feet from the applicable side setback area shall not be permitted, subject to the following exceptions: (1) The exterior side setback area of a corner lot shall be not less than fifteen feet from the exterior side lot line. (2) One foot shall be added to an interior side setback area for each two feet of height or fraction thereof by which a portion of a structure within thirty feet of the side lot line for such setback area exceeds fourteen feet in height; provided, that an interior side setback area of more than thirty feet from the interior side lot line shall not be required. (c) Rear setback area. The minimum rear setback area of any lot in a P-A district shall be twenty-five feet from the rear lot line, subject to the following exceptions: (1) One foot shall be added to the minimum rear setback area for each two feet of height by which a structure exceeds fourteen feet in height. (2) Where a rear setback area is adjacent abutting to property within an A, R-1, HR, or R-M district, the minimum rear setback area shall be thirty-five feet from the rear lot line 15-18.100 - Screening, landscaping and fencing. (a) Where a P-A site is adjacent abutting to (b) Not less than ten feet of the required front setback area shall be landscaped and permanently maintained. an A, R-1, HR, or R-M district, a solid fence, vine- covered fence or compact evergreen hedge six feet in height shall be located on the property line between the two districts, except in a required front setback area, and an area five feet in depth adjoining such property line shall be landscaped and permanently maintained with plant materials suitable for ensuring privacy, screening unsightliness and insulating adjacent residential properties against noise. (c) Fences, walls and hedges shall comply with the regulations set forth in Article 15-29 of this Chapter. 8 ARTICLE 15-19 COMMERCIAL DISTRICTS 15-19.020 - General 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 in accordance with this code: (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. (5) Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications, subject to design review under Article 15-46. (b) Conditional uses. The following conditional uses may be allowed in any commercial district, upon the granting of a use permit in accordance with this code: (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. 9 (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) Repealed. (15) Tobacco retailers. All tobacco retailers (as defined in Section 15-80.130 of this Article) shall be subject to the permitting requirements and provisions set forth in Section 15-80.130 of this Article. (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. (d) Location of building sites. The average natural grade of the footprint underneath any structure shall not exceed thirty percent slope, and no structure shall be built upon a slope which exceeds forty percent natural slope at any location under the structure between two five-foot contour lines, except that: (1) A variance pursuant to Article 15-70 of this Chapter may be granted where the findings prescribed in Section 15-70.060 can be made, and (2) An exception under Article 14-35 of the Subdivision Ordinance may be granted where the findings prescribed in Section 14-35.020 can be made. (e) Setback area. No use shall occupy any required setback area, except fences, walls, hedges, landscaped areas, walks, driveways and parking areas. No required setback area shall be used for a loading area or for storage. (f) Screening, landscaping and fencing. (1) Where a site is adjacent abutting to an A, R-1, HR, R-M or P-A district, a solid wall or fence six feet in height shall be located along the property line between the two districts, except in a 10 required front setback area, and an area five feet in depth adjoining such property line shall be landscaped and permanently maintained with plant materials suitable for ensuring privacy, screening unsightliness and insulating adjacent properties against noise. (2) Open storage of materials and equipment shall be permitted only within an area surrounded and screened by a solid wall or fence (with solid gates where necessary) not less than six feet in height; provided, that no materials or equipment shall be stored to a height greater than that of the wall or fence. (3) All outdoor trash containers and garbage areas shall be fully enclosed by a solid wall or fence and solid gates of sufficient height to screen the same from public view. No trash or garbage containers shall be placed or kept within twenty-five feet from the property line of any site occupied by a dwelling unit. An owner or occupant of a commercial establishment shall comply with the requirements of this subsection within sixty days after receiving a directive from the City to do so. (4) Notwithstanding any other provision contained in this subsection (f), the Community Development Director or the Planning Commission may require the installation of a solid fence or wall up to eight feet in height along any property line that abuts a residential district, upon a determination that such fence or wall is necessary to mitigate noise or other adverse impacts of the commercial activity upon the residential use. In the case of an existing commercial development, such fence or wall shall be installed within sixty days after the requirement is imposed by the Community Development Director or the Planning Commission, unless a longer period of time is allowed by the Director or the Commission by reason of extenuating circumstances, including, but not limited to, the installation cost of the new fence or wall, or the value of any existing fence or wall to be demolished, or the cost of removing any existing fence or wall. The design, color and materials of the fence or wall shall be subject to approval by the Community Development Director, based upon a finding that the design, color and materials of the fence or wall will not adversely affect contiguous properties. (5) Required pedestrian open spaces, front setback areas, side setback areas, and not less than fifteen percent of any parking lot area, shall be completely landscaped and permanently maintained. (6) No credit shall be given against any landscaping or open space requirement imposed by this Article by reason of adjacent public parking facilities or public rights-of-way. (7) Whenever screening or landscaping is required by the provisions of this Article, or as a condition of any project approval, the owner or occupant of the property shall keep and maintain such screening and landscaping in good condition and repair. (8) Except as otherwise provided in this subsection (f), fences, walls and hedges shall comply with the regulations set forth in Article 15-29 of this Chapter. (g) Signs. No sign of any character shall be erected or displayed in any C district, except as permitted under the regulations set forth in Article 15-30 of this Chapter. (h) Off-street parking and loading facilities. Except in the case of a site located within and constituting a part of a City parking district, off-street parking and loading facilities shall be provided for each use on the site, in accordance with the regulations set forth in Article 15-35 of this Chapter. 11 (i) Design review. All structures shall be subject to design review approval in accordance with the provisions of Article 15-46 of this Chapter. 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 lots. (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. (c) Site area. The minimum net site area of any lot in a C-N district shall be ten thousand square feet. (d) Site frontage, width and depth. The minimum site frontage, width and depth of any lot in a C-N district shall be as follows: (e) Coverage. The maximum net site area covered by structures on any lot in a C-N district shall be sixty percent. (f) Front setback area. The minimum front setback area of any lot in a C-N district shall be ten feet; except that on a site adjacent abutting to and fronting on the same street as, or directly across the street from, an A, R-1, HR, R-M or P-A district, the minimum front setback area shall be fifteen feet. (g) Side and rear setback areas. No side or rear setback areas shall be required for any lot in a C-N district, subject to the following exceptions: (1) On a reversed corner lot abutting a lot in an A, R-1, or HR district, the minimum exterior side setback area shall be not less than one-half of the required front setback area of the abutting lot. (2) Except as otherwise provided in subsection (g)(1) of this Section, on a lot abutting an A, R-1, or HR district, the minimum side setback area or rear setback area abutting such other district shall be thirty feet. Frontage Width Depth 60 feet 60 feet 100 feet 12 (3) On a lot directly across a street or alley from an A, R-1, or HR district, the minimum side setback area or rear setback area adjacent abutting 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 height or fraction thereof by which a structure within thirty feet 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 district shall be twenty feet. (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, landscaping and fencing. 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. (k) Alternative standards for multi-family dwellings. Notwithstanding any other provisions of this Section, where multi-family dwellings will be located upon a site, the Planning Commission shall apply for such dwellings the development standards set forth in Article 15-17 of this Chapter. The density of development shall be as determined in each case by the Planning Commission, based upon its finding that: (1) The project will not constitute overbuilding of the site; and (2) The project is compatible with the structures and density of development on adjacent properties; and (3) The project will preserve a sufficient amount of open space on the site; and (4) The project will provide sufficient light and air for the residents of the site and the occupants of adjacent properties. 15-19.035 C-N(RHD) district regulations. (a) Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) and 15- 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 residential density of twenty dwelling units per net acre and conforming to the design standards found in Article 15-58. Pursuant 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 individuals and families. (b) Conditional uses. In addition to the conditional uses listed in Section 15-19.020(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: (1) Drive-through services. 13 (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(RHD) district shall be ten thousand square feet. (d) Site frontage, width and depth. The minimum site frontage, width and depth of any lot in a C-N(RHD) district shall be as follows: (e) Coverage. The maximum net site area covered by structures on any lot in a C-N(RHD) district shall be eighty percent. (f) Front setback area. The minimum front setback area of any lot in a C-N(RHD) district shall be ten feet; except that on a site adjacent abutting to and fronting on the same street as, or directly across the street from, an A, R-1, HR, R-M or P-A district, the minimum front setback area shall be fifteen feet. (g) Side and rear setback areas. No side or rear setback areas shall be required for any lot in a C-N(RHD) district, subject to the following exceptions: (1) On a reversed corner lot abutting a lot in an A, R-1, or HR district, the minimum exterior side setback area shall be not less than one-half of the required front setback area of the abutting lot. (2) Except as otherwise provided in subsection (g)(1) of this Section, on a lot abutting an A, R-1, or HR district, the minimum side setback area or rear setback area abutting such other district shall be thirty feet. (3) On a lot directly across a street or alley from an A, R-1, or HR district, the minimum side setback area or rear setback area adjacent abutting 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 height or fraction thereof by which a structure within thirty feet 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) district shall be thirty feet. (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. Frontage Width Depth 60 feet 60 feet 100 feet 14 (k) Alternative standards for multi-family dwellings. Notwithstanding any other 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 will not constitute overbuilding of the site; and (2) The project is compatible with the structures and density of development on adjacent properties; and (3) The project will preserve a sufficient amount of open space on the site; and (4) The project will provide sufficient light and air for the residents of the site and the occupants of adjacent properties. 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. (5) Theaters. (6) Automobile upholstering shops, provided all operations are conducted within an enclosed structure. (c) Site area. The minimum net site area of any lot in a C-V district shall be ten thousand square feet. 15 (d) Site frontage, width and depth. The minimum site frontage, width and depth of any lot in a C-V district shall be as follows: (e) Coverage. The maximum net site area covered by structures on any lot in a C-V district shall be sixty percent. (f) Front setback area. The minimum front setback area of any lot in a C-V district shall be ten feet; except that on a site adjacent abutting to and fronting on the same street as, or directly across the street from, an A, R-1, HR, R-M or P-A district, the minimum front setback area shall be fifteen feet. (g) Side and rear setback areas. The minimum side setback area of any lot in a C-V district shall be ten feet and the minimum rear setback area of any lot in a C-V district shall be thirty feet, subject to the following exceptions: (1) One foot shall be added to the minimum side setback area for each one foot of height or fraction thereof by which a portion of a structure within thirty feet of the side lot line for such setback area exceeds fourteen feet in height. (2) One foot shall be added to the minimum rear setback area for each one foot of height or fraction thereof by which a portion of a structure within sixty feet of the rear lot line for such setback area exceeds fourteen feet in height. (3) On a corner lot, the minimum exterior side setback area shall be twenty feet. (h) Height of structures. The maximum height of any structure in a C-V district shall be twenty feet. (i) Screening, landscaping and fencing. (1)An area not less than ten 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. (2) A use not conducted within a completely enclosed structure shall be screened by a solid wall or fence, vine-covered fence or compact evergreen hedge (with solid gates where necessary) not less than six feet in height. This requirement shall not apply to off-street parking and loading areas, gasoline service stations, outdoor dining areas, nurseries, garden shops, and Christmas tree and pumpkin sales lots. (j) Alternative standards for multi-family dwellings. Notwithstanding any other provisions of this Section, where multi-family dwellings will be located upon a site, the Planning Commission shall apply for such dwellings the development standards set forth in Article 15-17 of this Chapter. The density of development shall be as determined in each case by the Planning Commission, based upon its finding that: Frontage Width Depth 60 feet 60 feet 100 feet 16 (1) The project will not constitute overbuilding of the site; and (2) The project is compatible with the structures and density of development on adjacent properties; and (3) The project will preserve a sufficient amount of open space on the site; and (4) The project will provide sufficient light and air for the residents of the site and the occupants of adjacent properties. ARTICLE 15-29 FENCES AND HEDGES Sections: 15-29.010 - Height restrictions. 15-29.020 - Fencing within hillside districts. 15-29.030 - Fencing adjacent to commercial districts. 15-29.040 - Fencing to mitigate noise from certain arterial streets. 15-29.050 - Fencing adjacent to scenic highways. 15-29.060 - Barbed wire and electrified wire prohibited. 15-29.070 - Fences adjacent to heritage lanes. 15-29.080 - Exemption for agricultural uses. 15-29.090 - Fence exceptions. 15-29.100 - Existing legal nonconforming fences, pilasters, entryway trellises. 15-29.010 Height restrictions. (a) General regulations. A building permit shall be required for any fence more than six feet in height (including lattice or similar material). Height maximums and permitted materials for fences shall be as follows: (1) Solid fences. Except as otherwise specified in this Article, no solid fence shall exceed six feet in height. However, up to two feet of lattice (or similar material) that is at least twenty-five percent open to the passage of light and air may be added to the top of a solid fence. A solid fence taller than six feet shall not be permitted unless approved by the Planning Commission through the exception process detailed in [section] 15-29.080, or approved by the Community Development Director pursuant to sections 15-29.030, 15-29.040, or 15-29.050 of this Chapter. (2) Open fences. Except as otherwise specified in this Article, open fencing, such as wrought iron, wire material, split rail, chain link, or other similar fencing shall not exceed eight feet in height. With the exception of chain link fencing, open fencing shall have openings sufficient to allow the unobstructed passage of a sphere having a diameter of four inches. For chain link fencing, the opening shall be two inches at minimum and no slats are allowed in any opening. (b) Front setback area. No fence located within any required front setback area shall exceed three feet in height. (c) Exterior side setback area of reversed corner lots. No fence located within any required exterior side setback area of a reversed corner lot shall exceed three feet in height. (d) [Exceptions.] The height limitations do not apply to the following circumstances: 17 (1) Wrought iron entrance gates within the front setback area, designed with openings to permit visibility through the same, may extend to a height not exceeding five feet, and shall be located a minimum of twenty feet from the edge of street pavement. (2) Safety railings that are required by the California Building Code shall be excluded from the height requirements of this Section. (3) Pedestrian entryway elements, such as arbors and trellises, when attached to a fence within a front setback area or within an exterior side setback area, may be permitted to a maximum height of eight feet, a maximum width of five feet, and a maximum depth of five feet. (4) On any lot where the front setback area, or a portion thereof, of the subject property: (1) does not have street frontage as defined by Article [Section] 15-06.290; and (2) the front lot line, or a portion thereof, of the subject property abuts the side or rear setback area of an adjacent abutting property, the maximum permitted fence height for a side or rear setback area shall be permitted within the front setback area of the subject property where it abuts the side or rear setback area of an adjacent abutting property. (e) Street intersections. No fence, hedge, retaining wall, entryway element, pilaster, gate, or other similar element located within a triangle having sides fifty feet in length from a street intersection, as measured from intersecting curblines or intersecting edges of the street pavement where no curb exists, shall exceed three feet in height above the established grade of the adjoining street. (f) Driveway intersections. No fence, hedge, retaining wall, entryway element, pilaster, gate, or other similar element located within a triangle having sides twelve feet in length from either side of a driveway where it intersects with edge of pavement shall exceed three feet in height above the established grade of the adjoining street. Protected trees described in section 15-50.050 of this Code are not subject to this requirement. (g) Vehicular obstructions. No fence, hedge, retaining wall, entryway element, or any other similar element shall constitute an obstruction as provided for in City Code Section 10-05.030. (h) Recreational courts. Fencing around recreational courts shall comply with the regulations contained in Section 15-80.030(c) of this Chapter. 18 (i) Pilasters. Pilasters constituting a part of a fence, in reasonable numbers and scale in relationship to the nature and style of the fence, may extend to a height of not more than two feet above the height limit applicable to the fence containing such pilasters, but in no case shall the height of pilasters exceed eight feet. If pilasters within the front setback area are attached to a wrought iron entrance gate, the pilasters are permitted to a maximum height of seven feet. (j) Light fixtures. The height of a fence shall not include light fixtures mounted thereon at the entrance of driveways and sidewalks leading into a site. Not more than two such light fixtures shall be installed at each driveway and sidewalk entrance. (k) Swimming pool fences. Fences required for swimming pools are governed by City Code Sections 16-75.010 and 15-29.020(e). (l) Retaining walls. No retaining wall shall exceed five feet in height. Notwithstanding the foregoing, no retaining wall located in a front or exterior side setback area shall exceed three feet in height. ARTICLE 15-80 MISCELLANEOUS REGULATIONS AND EXCEPTIONS 15-80.030 Special rules for accessory uses and structures in residential districts. The following special rules shall apply to certain accessory uses and structures in any A, R-1, HR, R-OS or R-M district: (a) Stables and corrals. Subject to approval by the Community Development Director, no stable or corral, whether private or community, shall be located closer than fifty feet from any property line of the site, or closer than fifty feet from any dwelling unit or swimming pool on the site. In the HR district, no stable or corral shall be located closer than fifty feet from any stream and the natural grade of a corral shall not exceed an average slope of fifteen percent. (b) Swimming pools. Subject to approval by the Community Development Director, no swimming pool or accessory mechanical equipment shall be located in a required front, side or rear setback area, except as follows: (1) A swimming pool and accessory mechanical equipment may be located within a required rear setback area, but the water line of the swimming pool may be no closer than six feet from any property line. Any portion of such swimming pool that is located outside of the rear setback area shall comply with the side setback area requirements for the site. (2) If the required minimum side setback area is more than ten feet, accessory mechanical equipment may be located within such side setback area, but no closer than ten feet from the side lot line. (c) Recreational courts. Subject to approval by the Community Development Director, recreational courts may be allowed, provided that such recreational courts shall comply with all of the following restrictions, standards and requirements: (1) The recreational court shall not exceed seven thousand two hundred square feet in area. (2) The recreational court shall not be illuminated by exterior lighting. 19 (3) No direct opaque screening shall be utilized around any portion of the recreational court. (4) No fencing for a recreational court shall exceed ten feet in height. (5) No recreational court shall be located in a required front or side setback area. Such courts may be located within a required rear setback area, but no closer than fifteen feet from any property line. (6) The natural grade of the area to be covered by the recreational court shall not exceed an average slope of ten percent, unless a variance is granted pursuant to Article 15-70 of this Chapter. (7) The recreational court shall be landscaped, in accordance with a landscape plan approved by the Community Development Director, so as to create a complete landscaping buffer from adjoining properties within two years from installation. In addition, a bond, letter of credit or other security, in such amount as determined by the Community Development Director, shall be furnished to the City to guaranty the installation of the landscaping improvements in accordance with the approved landscaping plan. (8) The recreational court shall be designed and located to minimize adverse impacts upon trees, natural vegetation and topographical features and to avoid damage as a result of drainage, erosion or earth movement. (9) The recreational court shall be designed to preserve the open space qualities of hillsides, creeks, public paths, trails and rights-of-way on or in the vicinity of the site. (d) Enclosed accessory structures. No enclosed accessory structures shall be located in any required setback area of any lot, except as follows: (1) Upon the granting of a use permit by the Planning Commission pursuant to Article 15-55, cabanas, garages, carports, recreation rooms, hobby shops and other similar structures may be located no closer than six feet from the rear property line and shall not exceed eight feet in height, plus one additional foot in height for each three feet of setback from the rear property line in excess of six feet, up to a maximum height of ten feet if the structure is still located within the required rear setback area. (2) Subject to approval by the Community Development Director, garden sheds, structures for housing swimming pool equipment and other enclosed structures of a similar nature, not exceeding two hundred fifty square feet in floor area, may be located no closer than six feet from the rear property line and shall not exceed six feet in height, plus one additional foot in height for each additional foot of setback from the rear property line in excess of six feet, up to a maximum height of ten feet if the structure is still located within the required rear setback area. This subsection shall not apply to any structure intended or used for the keeping of animals. (e) Unenclosed garden structures. Subject to approval by the Community Development Director, unenclosed garden, ornamental and decorative structures such as gazebos, lattice work, arbors and fountains, free-standing fireplaces and play structures may be located no closer than six feet from a side or rear property line and shall not exceed eight feet in height, plus one additional foot in height for each additional foot of setback from the side and rear property line in excess of six 20 feet, up to a maximum height of ten feet if the structure is still located within a required side or rear setback area. (f) Solar panels. Solar energy systems do not require any discretionary approval unless the building official has a good faith belief that the solar energy system could have a specific, adverse impact upon the public health and safety, in which case a solar energy system use permit is required. Applications for such permits shall be acted upon by the Community Development Director in accordance with California Health and Safety Code 17959.1. (g) Outdoor cooking devices. Subject to approval by the Community Development Director, permanent outdoor cooking devices, such as those constructed out of brick or masonry, may be located no closer than six feet from the rear property line and shall not exceed eight feet in height. Subject to approval by the Community Development Director, solar panels not exceeding six feet in height may be located within any portion of a rear setback area. (h) Accessory structures in R-M district. Notwithstanding any other provisions of this Section and subject to approval by the Community Development Director, accessory structures not exceeding fourteen feet in height may be located in a required rear setback area in any R-M district, provided that not more than fifteen percent of the rear setback area shall be covered by structures, and provided further, that on a reversed corner lot, an accessory structure shall not be located closer to the rear property line than the required side setback area on the abutting lot and not closer to the exterior side property line than the required front setback area of the abutting lot. (i) Referral to Planning Commission. With respect to any accessory structure requiring approval by the Community Development Director, as described in subsections (a) through (h) of this Section, the Director may refer the matter to the Planning Commission for action thereon whenever the Director deems such referral to be necessary or appropriate. (j) Exceptions to standards. The Planning Commission shall have authority to grant exceptions to any of the regulations set forth in subsections (a) through (h) of this Section pertaining to the size, height or required setback of an accessory structure in a side or rear setback area, through the granting of a use permit for such accessory structure pursuant to Article 15-55 of this Chapter. The Planning Commission's authority shall not be subject to any quantified limitations contained in subsections (a) through (h), except subsection (d)(1) which already establishes quantified limitations on a use permit issued by the Planning Commission. The Planning Commission's authority shall not extend to allowing an accessory structure in a setback area where it is not expressly allowed under subsections (a) through (h). (k) Emergency or stand-by generators. No emergency or stand-by generator shall be allowed between the lot line and any required front, side or rear setback area setback line. All emergency or stand-by generators shall be required to meet all applicable requirements of the City Code including Article 7-30 concerning noise. Outside a required front, side, or rear setback area, an emergency or stand-by generator may be permitted upon the granting of a conditional use permit from the Planning Commission. Any application for such a permit must be accompanied with information from the manufacturer documenting the noise generation characteristics of the generator. A noise assessment study shall be prepared by a qualified acoustical consultant for all proposed generators. The noise assessment study shall confirm the generator meets all applicable requirements of the City Code including Article 7-30 concerning noise. This restriction shall not apply to generators for which the 21 owner provides evidence of installation prior to July 1, 2004, provided, however, that removal of nonconforming generators may be required as a condition of approval for any design review application involving expansion or reconstruction of more than fifty percent of the main dwelling, as described in Article 15-45. (l) Heating, ventilation and air conditioning (HVAC) mechanical equipment. No HVAC mechanical equipment shall be allowed between the lot line and any required front, side or rear setback line. HVAC mechanical equipment shall be required to meet all applicable requirements of the City Code including Article 7-30 concerning noise. This restriction shall not apply to HVAC equipment for which the owner provides evidence of installation prior to July 1, 2004, provided however, that removal of nonconforming HVAC equipment may be required as a condition of approval for any design review application involving expansion or reconstruction of more than fifty percent of the main dwelling, as described in Article 15-45. ARTICLE 15-90 APPEALS (a) The notice of an appeal to the Planning Commission shall be filed, together with payment of the filing fee, within ten (b) The notice of an appeal to the City Council shall be filed, together with payment of the filing fee, within fifteen days after the date on which the decision by the Planning Commission is rendered. fifteen days after the date on which the administrative determination or decision is rendered.