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HomeMy WebLinkAbout115-Housing Element Implementation Ordinance.pdf Attachment 3 ORDINANCE __________ An Ordinance Amending the Saratoga Municipal Code to Implement the 2007-2014 Housing Element Update Findings 1. The City of Saratoga wishes to update the City Code to implement the policies contained in the 2007-2014 General Plan Housing Element. 2. The Planning Commission of the City of Saratoga considered a range of amendments to the City Code, conducted a noticed public hearing at which public testimony and all written materials were considered, and on March 10, 2010 recommended that the City Council adopt a Negative Declaration and the proposed amendments to the City Code. 3. The City Council has adopted a resolution pursuant to the California Environmental Quality Act (CEQA) adopting a Negative Declaration and finding no evidence that this ordinance may have a significant adverse effect on the environment. Therefore, the City Council hereby ordains as follows: Section 1. Adoption. Articles 15-10, 15-19, 15-46, 15-58 and 15-80 of the Saratoga City Code are hereby amended as set forth in Attachment A. Words shown in bold underlined text (example) are added to the code and words shown in strikeout (example) are deleted from the code. Words in standard font are unchanged from the existing Code. Sections within an Article that are not included in Attachment A are unchanged from the existing Code. Section 2. Zoning Map Change. The City of Saratoga zoning map is amended to show the C-N(RHD) zoning district as indicated on Attachment B. Section 3. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. 2 Section 4. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 7th day of April, 2010, and was adopted by the following vote following a second reading on the 21st day of April, 2010: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: _________________________________ _____________________________ Kathleen King Ann Sullivan, MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF SARATOGA APPROVED AS TO FORM: __________________________________ Richard Taylor, CITY ATTORNEY 1 Attachment A Amendments to Saratoga City Code Articles 15-10, 15-19, 15-46, 15-58 and 15-80 (Text to be added is indicated in bold double-underlined font (e.g., bold double-underlined) and text to be deleted is indicated in strikeout (e.g. strikeout ). Text in standard font remains unchanged. Direction to delete graphics in is indicated in bold double-underlined full capitalization (e.g., FULL CAPITALIZATION). Article 15-10 ESTABLISHMENT OF ZONING DISTRICTS 15-10.010 Designation of districts. The districts established by this Chapter are depicted on the Zoning Map and are described as follows: (a) A: Agricultural district. (b) R-1: Single-family residential districts, consisting of: R-1-40,000 district R-1-20,000 district R-1-15,000 district R-1-12,500 district R-1-10,000 district (c) HR: Hillside residential district. (d) R-OS: Residential open space district. (e) AP/OS: Agricultural preserve/open space overlay district. (f) P-C: Planned community district. (g) R-M: Multi-family residential districts, consisting of: R-M-5,000 R-M-4,000 R-M-3,000 (h) P-A: Professional and administrative office district. (i) C: Commercial districts, consisting of: C-N Neighborhood commercial C-N(RHD) Neighborhood Commercial Residential High Density C-V Visitor commercial CH-1 and CH-2 Commercial historic districts (j) MU-PD: Multiple-use planned development district. (k) E: Equestrian. The equestrian district is an area of the City within which equines may be maintained for private use and commercial or community stables may be maintained. The overlay district is depicted on the equestrian district map. (1) R-1-10,000 single-story overlay district for the Saratoga Woods neighborhood. Any single- story addition or replacement construction shall be limited in height to the height of the contiguous single-story dwellings. The existing two-story dwellings within the Saratoga Woods neighborhood are exempt from the provisions of this single-story limitation. (m) H: Historic resource overlay district showing location of historic landmarks, heritage lanes, and historic districts. (n) CN drive-through overlay district for the CN zone bounded by Lawrence Expressway and Prospect Avenue. Notwithstanding Section 15-19.020(c), uses with drive-through services may be permitted subject to a use permit requirement in the overlay area. A traffic and circulation 2 study shall be prepared for all such applications. Each application shall be evaluated on its own individual merits. Hours of peak operations shall be compared to hours of peak traffic in the general area. [THE MAP INCLUDED IN THE CITY CODE FOLLOWING SECTION 15-10.0100(n) SHOWING THE DRIVE-THROUGH OVERLAY ZONE IS DELETED] Article 15-19 C: COMMERCIAL DISTRICTS 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. (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: Frontage Width Depth 60 feet 60 feet 100 feet (e) Coverage. The maximum net site area covered by structures on any lot in a C-N (RHD) district shall be eighty percent. 3 (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 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 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. (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 4 (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. 15-19.050 C-H district regulations (i) Height of structures. The maximum height of any structure in each C-H district shall be as follows: TABLE INSET: District Height CH-1 35 feet. No portion of a structure facing Big Basin Way shall exceed two stories and no portion of a structure facing Saratoga Creek shall exceed three stories. CH-2 26 feet. No structure shall exceed two stories. Article 15-46 DESIGN REVIEW: MULTI-FAMILY DWELLINGS AND COMMERCIAL STRUCTURES 15-46.020 Requirement for design review; public hearing. (a) In each of the following cases, no building permit shall be issued until the proposed improvements have received design review approval by the Planning Commission pursuant to this Article: (1) Any new main structure in an R-M, P-A or C district. (2) Any expansion over five hundred square feet to an existing main structure in an R-M, P- A or C district. (3) Any substantial exterior alteration, as determined by the Community Development Director, to an existing structure in an R-M, P-A or C district. (4) Any addition over twenty-two feet in height to an existing main or accessory structure in an R-M, P-A or C district. (5) Any parking lot in an R-M, P-A or C district covering an area of one thousand square feet or greater. (6) Any structure, except a single-family dwelling or accessory structure, having a floor area of one thousand square feet or greater, located in an A, R-1, HR or R-OS district. (7) Any mixed-use project . (b) A public hearing on the application for design review approval under this Article shall be required. Notice of the public hearing shall be given not less than ten days nor more than thirty 5 days prior to the date of the hearing by mailing, postage prepaid, a notice of the time and place of the hearing to the applicant and to all persons whose names appear on the latest available assessment roll of the County as owning property within five hundred feet of the boundaries of the site upon which the structure, expansion, alteration, addition or parking lot is to be constructed. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City not later than ten days prior to the date of the hearing. Article 15-58 MIXED-USE DEVELOPMENT STANDARDS 15-58.010 Purposes of Article. The purpose of the mixed-use development standards is the implementation of Program 1.1 of the Housing Element of the General Plan. The goal is to implement this Housing Program in a consistent manner throughout the various commercial and office zoning districts of the City. It is further the goal of these standards to protect existing and future commercial development. 15-58.020 Development standards. (a) The maximum density is twenty dwellings per net acre except as provided in Section 15- 19.035 of this Code. (b) Only commercial use(s) may be located on the ground floor abutting a street. Dwelling unit(s) may be located in all other portions of the structure. (c) The dwelling unit(s) shall not comprise more than fifty percent of the total floor area of all buildings on the site. The maximum floor area allowed may be increased by ten percent for projects providing below market rate rental housing. The City may impose no condition limiting the percentage of the total allowable residential floor area on the mixed-use site to less than or equal to fifty percent. That percentage may be greater than fifty percent if approved by the Planning Commission during a design review process upon the Commission making the following findings: (1) that the proposed location of the mixed-use is in accord with the objectives of the Zoning Regulations and the purposes of the district in which the site is located; and (2) that the proposed location of the mixed-use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and (3) that the proposed mixed-use will comply with each of the applicable provisions of this Chapter; and (4) that the proposed mixed-use will not adversely affect existing or anticipated uses in the immediate neighborhood, and will not adversely affect surrounding properties or the occupants thereof. 6 (d) Parking for both the non-residential use and the dwelling unit(s) shall be as specified in the Zoning Ordinance Article 15-35 of this Chapter, provided that the Planning Commission may consider approve shared parking if it determines that it will not result in some cases adverse impacts on adjacent uses. (e) Perimeter fencing shall be required to the maximum height allowed in the Zoning Ordinance conform to Article 15-29 of this Chapter. (f) Each dwelling shall have private, usable outdoor space, i.e., including but not limited to, decks, balconies, yards or patios. (g) The maximum height of a mixed-use structure shall be twenty-six feet. Structures that are solely non-residential on a site that has mixed-use, the maximum height is as it is stated in the underlying zoning district. (h) The design of mixed-use projects will be required to conform to the policies and techniques of the Residential Design Handbook and any other design standards in place for the area of application. (i) (h) Overall site coverage may be increased by up to ten percent of the maximum allowed in the Zoning District for projects containing at least ten percent (10%) of the units deed restricted to below market rate housing units. (j) (i) Mixed-use projects shall have sound walls and landscape screening in order to protect the privacy and quality of life of abutting single-family residential lands land uses. (k) (j) The residential component of a mixed-use project shall be rental and/or owner occupied. The individual dwelling units shall range in size from eight hundred fifty square feet for one bedroom units to one thousand two hundred fifty square feet for three bedroom units sequent mixed-use development. (l) (k) Projects with multiple stories shall be reviewed to ensure that design features such as setbacks and window placement provide adequate privacy protection. (m) Non-residential structures developed or parcels created as part of a mixed-use development or multi-family development may not be redeveloped as a mixed-use development at a greater density or intensity of use. (n) (l) Smaller mixed-use projects (twenty or fewer dwelling units) must pay an in lieu fee for park construction. (o) (m) In larger mixed-use projects (more than twenty dwelling units) either the developer must pay an in-lieu fee for park construction or construct common, useable open space on site at the discretion of the Planning Commission based on the vicinity of existing public parks. 7 Article 15-80 MISCELLANEOUS REGULATIONS AND EXCEPTIONS 15-80.025 Reasonable Accommodation Procedure (a) Applicability and Definitions. (1) “Reasonable accommodation” means providing individuals with disabilities or sponsors of projects (including residential and non-residential development usable by an individual with a disability), flexibility in the application of land use and zoning and/or building regulations, policies, practices and/or procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to use by an individual with a disability. (2) “Individual with a disability” means someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment. (3) “Eligible Person” means any individual with a disability, his or her representative, or a sponsor of a project or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to use by an individual with a disability. (b) Notice of Accommodation Process. Notice of the availability of reasonable accommodation shall be prominently displayed at public information counters in the Community Development Department, advising the public of the availability of the procedure for eligible persons. Forms for requesting reasonable accommodation shall be available to the public in the Community Development Department. (c) Authority to Request Reasonable Accommodation. In order to make a project usable to an individual with a disability, any eligible person may request a reasonable accommodation in land use, zoning and building regulations, policies, practices and/or procedures in accordance with this section. (d) Process for Requests for Reasonable Accommodation. Requests for reasonable accommodation shall be in writing and provide the following information: (1) Name and address of the individual(s) requesting reasonable accommodation; (2) Name and address of the property owner(s); (3) Address of the property for which accommodation is requested; (4) Description of the requested accommodation and each regulation, policy or procedure for which accommodation is sought; and (5) Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling or other use. 8 (e) Any information identified by an applicant as confidential in the application or in connection with any appeal of a decision pursuant to this section shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection except as otherwise required by law. (f) A request for reasonable accommodation in a regulation, policy, practice and/or procedure may be filed at any time that the accommodation may be necessary to ensure equal use of the project. A reasonable accommodation does not affect an individual’s obligations to comply with other applicable regulations not at issue in the requested accommodation. (g) If an individual needs assistance in making the request for reasonable accommodation or in filing an appeal of a decision pursuant to this section , the City shall provide assistance to ensure that the process is accessible. (h) Review of Request. If a request for reasonable accommodation is made in connection with an application for a project approval the request shall be reviewed as part of the application review process and a decision on the request shall be made at the time of a decision on the application. All other requests shall be reviewed by the Community Development Director and a decision shall be made within thirty days of the date of the application. Decisions may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in Section 15-80.025(i). If necessary to reach a decision on the request for reasonable accommodation, the Community Development Director may request further information from the applicant consistent with fair housing or any other applicable laws, specifying in detail the information that is required. In the event that a request for additional information is made, the time period to issue a decision is stayed until the applicant responds to the request. (i) The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing and any other applicable laws and based on the following factors: (1) Whether the project, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing and/or any other applicable laws; (2) Whether the requested accommodation is necessary to make a project usable and available to an individual with disabilities protected under the fair housing and/or any other applicable laws; (3) Whether the requested accommodation would impose an undue financial and/or administrative burden on the jurisdiction and; (4) Whether the requested accommodation would require a fundamental alteration in the nature of the City’s land use and zoning and/or building regulations. (j) All decisions on the request for reasonable accommodation shall explain in detail the basis of the decision, including the determinations on the factors set forth above. All 9 written decisions shall give notice of the applicant’s right to appeal. The notice of decision shall be sent to the applicant by regular and certified mail. The written decision of the reviewing authority shall be final unless an applicant appeals in accordance with this Code. If the reviewing authority fails to render a written decision on the request for reasonable accommodation within the time required by this Code, the request shall be deemed granted. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect. - End of amendments to Article 15-10, 15-19, 15-46, 15-58, and 15-80 -