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HomeMy WebLinkAbout102-Attachment 1 - Summary of Changes Table.pdfSUMMARY OF CHANGES: The table below is a summary of changes proposed in the Zoning Ordinance Amendment for various chapters of the CITY CODE. Explanations for the proposed changes are discussed below. The table includes the relevant CITY CODE article, section, current approach and problem, and proposed change. 1 CITY CODE Article CITY CODE Section Current Approach and Problem Proposed Modification 7-30 Noise 7-30.050(b) General Noise Restrictions. This section of the code mandates noise restrictions to all districts in the City. The commercial district was inadvertently omitted from this section. Add the word “commercial” in the following sentence: “No person shall cause, produce or allow to be produced, in an office or commercial district, any single event noise more than eight dBA above the ambient noise level at the location where the single event noise source is measured. 14-10 Definitions 14-10.110 Frontage. The definition of “Frontage” may be read to allow a “Front lot line” on a “Corner Lot” that is inconsistent with the 15- 06.430 (a) “Front Lot Line” definition. Omit certain language from the “Frontage” definition in order to create consistency between Chapter 14 and 15 of the CITY CODE. 15-05 Indemnification 15-05.080 Indemnification. There are two types of indemnification required by section 15-05.080. Both types of indemnification need to be conveyed to the applicant regarding an approval document. Furthermore, the City needs to have discretion on what type of indemnification is required. Revise language to make parallel both indemnities: (1) for challenge to City’s approval; and (2) for damages from performance of construction approved. Both should required signed agreement which can be required to be recorded at the discretion of Community Development Director. 15-06 Definitions 15-06.022 Accessory Structure. Add language to the CITY CODE clarifying that an Accessory Structure requires a main structure or principal use on a lot. Add the following language to the existing definition of Accessory Structure – “No accessory structure may be allowed in any zone district in the absence of an existing or concurrently established main structure or principal use on the lot.” 15-06 Definitions 15-06.290 Frontage. The definition of “Frontage” may be read to allow a “Front lot line” on a “Corner Lot” that is inconsistent with section 15-06.430 (a) “Front Lot Line” definition. Omit certain language from the “Frontage” definition in order to create consistency between Chapter 14 and 15 of the CITY CODE. 2 15-06 Definitions 15-06.420(b) Corner Lot. The definition of a “Corner lot” is confusing and has been read to have different meanings. Add a diagram to the existing definition of a corner lot. A diagram will assist in describing the intent of the definition for “Corner Lot”. 15-06 Definitions 15-06.430 (b) Rear lot line. The definition of the “Rear lot line” is different in Chapter 15 than as defined in Chapter 14 of the CITY CODE. Draft a definition of “Rear lot line” that is consistent with both Chapter 14 and Chapter 15 of the CITY CODE. 15.06 Definitions 15.06.430 (f). Add authority to the Community Development Director (CDD) regarding lots that do not have “frontage”. Add language to the existing section regarding CDD designation of lot lines for irregular-shaped parcels. 15-06 Definitions 15-06.520 Property Line. The definition of “Property line” sites an incorrect section of the CITY CODE. Draft a definition that correctly cites the appropriate section of the CITY CODE. 15-06 Definitions 15-06.587 Setback. Existing setback definition means the minimum distance between the structure and any lot line. Issues arise when a lot line is located within a street. Add to the existing definition, stating “Where a street line is located within a site, the required setback shall be measured from such street line instead of lot line.” 15-06 Definitions 15-06.588 Setback Area. Existing setbacks areas are measured from the lot line of a property. This creates an issue when lot lines are located in the middle of a street. In order to promote the intent of the General Plan, setbacks should be measured from lot line, right-of-way, edge of pavement, or future line of street, whichever is most restrictive. Add language to the existing definition regarding setback areas to be measured from the right-of- way line, street line, or plan line of street, when a lot line is located in one of those three areas. 15-11 A: Agricultural District; 15-12 R-1: Single-Family Residential Districts; 15- 13 HR: Hillside Residential District; 15- 17 R-M: Multi-Family Residential Districts; 15- 18 P-A: Professional and Administrative District; 15-19 C: Commercial District 15.11.030 Conditional Use; 15-12.030 Conditional Use; 15-13.040 Conditional Uses; 15-17.030 Conditional Uses; 15-18.030 Conditional Uses; 15-19.020 General Regulations. Per the previously cited sections of the CITY CODE, antenna facilities operated by a public utility for transmitting and receiving cellular telephone communications are listed as a conditional use. Staff recommends placing antenna facilities as a permitted use, regulated by Article 15-46 – Design Review of the CITY CODE. Change antenna facilities from a conditional use to a permitted use and make them subject to design review approval. The Federal Communication Commission (FCC) governs the use of such structures. 3 15-12 R-1: Single-Family Residential Districts 15-12.100 Height of Structures. This section of the code refers to quasi-public facilities as QPF. The General Plan refers to quasi-public facilities as Community Facilities (CFS). Change the language in the section from quasi-public facilities (QPF) to community facilities (CFS). 15-35 Off-Street Parking and Loading 15-35.040 Design Standards for off- street parking facilities. 15-35.040 (d) does not clearly define minimum driveway widths. Staff recommends adding a minimum width for driveways. Add a set value to the existing section. The new language shall state “The width of the driveway shall be a minimum of 12 feet or greater as required by the Fire Department”. 15-45 Design Review: Single-Family Dwelling 15-45.070 (a) (2) Application Requirements. This section refers to a site survey plan as an application requirement for proposed new construction within three feet or closer to a required setback. The City Surveyor recommends an application requirement be a boundary survey instead. Change the language in the section from “site survey plan” to “boundary survey”. 15-45 Design Review: Single-Family Dwelling 15-45.070 (a) (14) Application Requirements. The City has added Green Building Regulations as a Chapter in the CITY CODE. These regulations need to be addressed in the application requirements for design review. Add language stating “Such additional exhibits or information demonstrating compliance with Article 16.47 – Green Building Regulations of the Saratoga Municipal Code.” 15-45 Design Review: Single-Family Dwelling; 15-46 Design Review: Multi-Family and Commercial Structures 15-45.075 Requirement for Story Poles. (NEW SECTION) 15-46.032 Requirement for Story Poles. (NEW SECTION) This is a new section that would make story poles a requirement for new residences and substantial additions that require design review approval. Add new section(s) to the City Code regarding the requirement of story poles. 15-45 Design Review: Single-Family Dwelling 15-45.085 Off-Site improvements. Under the existing language, the City may require conditions of approval for improvements to be made both on and off-site. As such, the title of 15-45.085 should include on-site improvements. Change the title of 15-45.085 from “Off-Site Improvements” to “Required Improvements.” 4 15-45 Design Review: Single-Family Dwelling 15-45.090 Expiration of design review approval. As currently written, an applicant could request multiple extensions on a project that has been approved by the City. An allowance for a one-time extension is more applicable. Add the word “single” as in the following sentence - “A design review approval may be extended for a single period of twelve months by the Community Development Director”. 15-46 Design Review: Multi-Family and Commercial Structures 15-46.020 Requirement for design review; public hearing. A portion of this section states “Any addition over twenty-two feet in height to an existing main or accessory structure in an R-M, P-A or C district.” The intent is that any addition resulting in a main or accessory structure surpassing twenty-two feet in height requires Planning Commission approval. Change the language in the section to clarify the intent of the City that any addition resulting in a main or accessory structure exceeding twenty-two feet in height requires Planning Commission approval. 15-46 Design Review: Multi-Family Dwelling and Commercial Structures 15-46.020 Requirement for design review; public hearing. In order to have antenna facilities governed under the requirements of design review, they must be addressed in Article 15-46. Add language to the 15-46.020 (a) (7) stating “Any new antenna facility operated by a public utility for transmitting and receiving cellular telephone and wireless communication, located in an district that permits such use ” must receive design review approval from Planning Commission. 15-46 Design Review: Multi-Family Dwelling and Commercial Structures 15-46.030 (a) (9) Application Requirements. The City has added Green Building Regulations as a Chapter in the CITY CODE. These regulations need to be addressed in the application requirements for design review. Add language stating “Such additional exhibits or information demonstrating compliance with Article 16.47 – Green Building Regulations of the Saratoga Municipal Code.” 15-46 Design Review: Multi-Family Dwelling and Commercial Structures 15-46.040 Design criteria. These criteria are not expressly described as required findings, although that is how the City has consistently interpreted this section. Remove the word “criteria” and replace it with “findings”. This will maintain language consistency with Design Review for Single-Family residences. 15-46 Design Review: Multi-Family and Commercial Structures 15-46.050 (b) Expiration of design review approval. A portion of the section states “Design review approvals may be extended for a period or periods of time not exceeding twelve months.” Change the language to add the word “single” and remove the words “or periods” from the section. 5 15-46 Design Review: Multi-Family and Commercial Structures 15-46.055 Required Improvements. (NEW SECTION) The article does not include a “Required Improvements” section regarding conditions reasonably related to a Design Review project. Add a new section of the Code to confirm that the City is authorized to impose conditions of approval requiring improvements, similar to CITY CODE Section 15- 45.085. 15-56 Second Dwelling Units 15-56.030 (a) Lot size. 15-56.030 (a) states “The net site area of the lot upon which the second dwelling unit is located shall not be less than the minimum standard prescribed for the district applicable to such lot.” For properties in the HR District, special rules for net site area apply. Add the following language to 15- 56.030 “Minimum standards for lots located in the HR District are determined per Section 15-13.060 (a) of the City Code.” 15-80 Miscellaneous Regulations and Exceptions 15-80.030 (g) Barbeques. Other outdoor cooking facilities (i.e. wood- burning pizza ovens) have been requested for Planning approval. Staff has been unable to address the request due to the absence of outdoor cooking facilities within the CITY CODE. Replace “Barbeques” with “Outdoor Cooking Devices”. Remove four foot height limit for “Outdoor Cooking Devices.” 15-80 Miscellaneous Regulations and Exceptions 15-80.030 (j) Exceptions to Standards. In order to avoid interpretation inconsistencies, new language will be added to the code regarding Planning Commission’s authority regarding this section of CITY CODE. Add the following sentence, “This 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 not expressly allowed under subsections (a) through (h). 15-80 Miscellaneous Regulations and Exceptions 15-80.035 Requirements for basements and light wells. Definition of “Building Footprint” is required in order to determine the allowable location of a basement. Add a definition of “building footprint” within 15-80.035 (a). 6 15-80 Miscellaneous Regulations and Exceptions 15-80.080 Radio and television antennas. Staff recommends that all antennas be governed under one section of the code. This includes antennas operated by a public or private utility (i.e. cellular/wireless antennas). Remove “Radio and television” from the title of Section 15- 80.080. 15-80 Miscellaneous Regulations and Exceptions 15-80.080 Radio and television antennas. 15-80.080(g) describes conditions that allow the City to mitigate the visual impacts by use permit. Since antenna facilities are governed by design review, the term “design review” should be included as a vehicle to mitigate visual impacts. Add “design review approval” in Section 15-80.080(g). 16-17 Excavation and Grading 16-17.160 Driveways. This section of the code gives complete discretion to a soils engineer on the construction requirement for a driveway. Staff recommends giving minimum requirements for driveway construction instead. Remove the soils or geology report and add required widths for driveways. A minimum 12 foot wide driveway will be required for driveways that service one parcel and a 14 foot wide driveway with one foot shoulder on each side will be required for driveways that service more than one parcel. A greater width may be required by the Fire department. 16.47 Green Building Regulations (New Article) 16.47 Green Building Regulations. In order to promote environmental sustainability, the City will be adding Green Building Regulations to the CITY CODE. See Article 16-47 for exact language. 17.05 Existing Laws 17-05.010 (p) Greenhouse gas reduction policies. The City has added Green Building Regulations as a Chapter in the CITY CODE. These regulations need to be addressed in the application requirements for design review. Acknowledge in the Sustainability Chapter that the City has incorporated Green Building Regulations to further reduce emissions of greenhouse gases.