HomeMy WebLinkAboutOrdinance 284 ORDINANCE NO. 284
AN ORDINANCE AMENDING SECTIONS 7- 20.220,14- 70.080,16- 17.160 AND
VARIOUS SECTIONS OF CHAPTER 15 OF THE SARATOGA CITY CODE
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
Findings
1. The City of Saratoga wishes to amend certain sections of the City Code in order to remedy
internal ambiguities, clarify existing requirements, codify staff interpretations, omit
redundant terms and provisions, and amend grammatical and other errors.
2. Certain of the updates in this ordinance affect provisions of the City's zoning regulations in
Chapter 15 of the Code. These amendments were considered by the Planning Commission
of the City of Saratoga and the Commission, after a duly noticed public hearing on March
13, 2011, recommended adoption of the updates to Chapter 15.
3. The City Council of the City of Saratoga held a duly noticed public hearing on May 4, 2011,
and after considering all testimony and written materials provided in connection with that
hearing introduced this ordinance.
Therefore, the City Council hereby ordains as follows:
Section 1. Adoption.
The Saratoga City Code is amended as set forth below. 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 font (e.g., stfikeout). Text in standard font remains unchanged by this ordinance.
Sections 7- 20.220, 14- 70.080, and various Sections of Chapter 15 of the Saratoga City Code are
amended as follows:
A. Amendment to Section 7- 20.220 Concerning Horses.
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
(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.
(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.
2
(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.
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:
3
(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) 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.
4
(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.
B. Amendment to Section 14- 70.080 Concerning Voluntary Merger of Parcels
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.
C. Amendments to Chapter 15 Concerning Zoning Regulations
1. Amendment to Definition of Basement
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 1 a) 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.
rinib4Sd. SEi w '. 4 ;rtt
KL r
Sektuttt
Fivar la
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
5
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 1 b) 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 1 c)
MEM z,e,w
y f„ i 3nm , ,* ��mrnx it
n a'_`k
NA.. YAW, 5ru101
Valnid
rem ticor lhat, 30%ed
en onkik orce*
a2 end
4 1;0, 4 151kvainq n
floor 440
IVote Fb
l • whirr ...
va nrca3 }aci�us
Sk rAtm. su ge-,:lc ; p.m .. '
CM1YYMJ A:. i«..1, R�;SSCr`a4Mte
�{ gF.a+axrr,
d�fL+x srck,4 o■vs +V ae my
PI
} bin a, n,tux
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.
2. Amendment to Definition of Height of Fences
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.
6
3. Amendment to Text Regarding Height of Structures
15- 12.100 - Height of structures
(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
General Plan, where the average slope underneath the structure is ten percent or greater and a
stepped building pad is used.
4. Amendment to Text Regarding Setback Areas
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:
7
(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
5. Amendment to text regarding landscaping and fencing
15- 18.100 - Screening, landscaping and fencing.
(a) Where a P -A site isadjacent abutting t9 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.
(b) Not less than ten feet of the required front setback area shall be landscaped and permanently
maintained.
(c) Fences, walls and hedges shall comply with the regulations set forth in Article 15 -29 of this
Chapter.
6. Amendment to text regarding 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.
8
(2) Markets and delicatessens.
(3) Any establishment engaged in the sale of alcoholic beverages.
(4) Hotels and motels.
(5) Bed and breakfast establishments.
(6) Institutional facilities.
(7) Community facilities.
(8) Game arcades.
(9) Gasoline service stations on sites abutting Saratoga/Sunnyvale Road, Saratoga/Los Gatos
Road or Saratoga Avenue and accessible directly from such arterial road; provided, that all
operations except the sale of gasoline and oil shall be conducted within an enclosed structure.
(10) Animal establishments, as defined in Section 7- 20.010(c) of this Code. All animal
establishments shall be subject to the regulations and license provisions set forth in Section 7- 20.210
of this Code.
(11) Public buildings and grounds.
(12) Public utility and public service pumping stations, power stations, drainage ways and
structures, storage tanks, transmission lines and cable television facilities.
(13) Accessory structures and uses located on the same site as a conditional use.
(14) 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.
9
(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
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.
10
(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.
(i) Design review. All structures shall be subject to design review approval in accordance with
the provisions of Article 15 -46 of this Chapter.
7. Amendment to text regarding C -N District Regulations
•
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:
11
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 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 adj -acentt abutting te 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.
(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 te 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
12
(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.
8. Amendment to text regarding C- N(RHD) Regulations
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.
(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.
13
(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.
(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.
9. Amendment to text regarding C -V District Regulations
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.
14
(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.
(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:
Frontage Width Depth
60 feet J 60 feet 1 100 feet
(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.
15
(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:
(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.
10. Amendment to text regarding Fences and Hedges
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
16
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:
(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.
17
,
4 /
.,:, , re d 0
0 4' / ProlmlY Line
0 X94
,AAI ,
4. is ,,
I
(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.
(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).
(1) 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.
11. Amendment to subsection 15- 80.0300 regarding Solar Panels (note that subsections
(a) through (e) and (g) through (1) are not affected by this amendment and are not shown below).
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:
(0 Solar panels. Solar energy systems do not require any discretionary approval unless
the building official has a good faith belief that the solar ener 4 • I I I s l• • ; 1 •
adverse impact upon the public health and safety, in which case a solar energy system use
ermit is required. Applications for such permits shall be acted upon the Communi
Development Director in accordance with California Health and Safety Code 17959.1 , Subjcct
18
to approval by the Community Development Director, solar panels not exceeding six feet in hcight
may be located within any portion of a r ar setback ar a.
12. Amendment to Section 15- 90.050 regarding Appeals
15- 90.050 - Time limit on notice of appeal
(a) The notice of an appeal to the Planning Commission shall be filed, together with payment of
the filing fee, within ten fifteen days after the date on which the administrative determination or
decision is rendered.
(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.
D. Amendments to Section 16- 17.160 Concerning Driveways
16- 17.160 Driveways.
Driveways shall conform to the provisions of this Section.
(a) Gradient. Maximum driveway gradient shall not exceed eighteen percent for more than
fifty feet.
(b) Construction standards:
1. Driveways to structures with less than a thirty -five foot setback have no conditions
placed on their construction.
2. Driveways to structures with more than a thirty -five foot setback shall comply with the
following conditions:
a. The width of a driveway Servicing one parcel within a sin • • - : I •
residential district shall be a minimum of twelve feet, or greater as required by
the Fire District having jurisdiction. The driveway servicin u • I : i i
parcel within a single family residential district must be at least fourteen feet
wide with a one foot shoulder on each side or greater as required by the Fire
District having jurisdiction. The width of the driveway in all other zoning
districts shall be as required by the Fire District havin ' • _ • • ' ' i .
b. The driveway must have a minimum curve radius of forty -two feet.
c. If the finished surface slope is twelve and one -half percent or less, the driveway
must have at least a six inch aggregate base and a double -coat oil and screening
surface.
19
d. If the finished surface slope is twelve and one -half to fifteen percent slope, the
driveway must have at least a six inch aggregate base and a two inch asphalt
concrete surface.
e. If the finished surface slope is fifteen to eighteen percent, the driveway must have
at least a six inch aggregate base and four inch rough- surface concrete surface.
f. A turnaround at the end of a driveway must have at least a thirty -two foot radius
or an equivalent approved by the fire department Fire District having jurisdiction.
g. The driveway must have a centerline perpendicular to the street right -of -way at
the point of their intersection or present a minimum forty -two foot effective inside
radius to vehicles departing or entering the public street from both sides.
3. All bridges and driveway structures shall be designed to sustain a minimum of thirty -
five thousand pounds dynamic loading.
Section 2. 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.
Section 3. California Environmental Quality Act
The proposed amendments and additions to the City Code are Categorically Exempt from the
California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3).
CEQA applies only to projects which have the potential of causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not subject to CEQA. In
this circumstance, Staff is recommending amendments to the existing City Code and related sections
and additions of provisions and reference appendices to the existing Code; the amendments and
additions would have a de minimis impact on the environment.
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.
20
Following a duly notice public hearing the foregoing ordinance was introduced and read at the
regular meeting of the City Council of the City of Saratoga held on the 4 day of May, 2011, and
was adopted by the following vote following a second reading on the 18th day of May, 2011.
AYES: Council Member Manny Cappello, Jill Hunter, Vice Mayor Chuck Page,
Mayor Howard Miller
NAYS: None
ABSENT: Emily Lo
ABSTAIN: None
AT T: I\
mrAid
A S LLIVAN OWARD A. MILLER
CLERK OF THE CITY OF SARATOGA MAYOR OF THE CITY OF SARATOGA
Saratoga, California Saratoga, California
APPROVED AS TO FORM:
RICHARD TAYLOR, CITY ATTORNEY
21
t .4 a `
W X
4
q
P g.�
4+.. t 5 f' g
rt _ . R
+ 4r
4 , a , . !3L w . t ? ' s : . t sY 35 4 p . 4` v . . H i c 11 ' „„ r i m K 1
fit, s' b ;, 4 i ¢ fig' � ;
i
y4::,. , '., , F $. r � , �6 ,, 1 t ' • , 9 9 t I ' , fir" �' - f(
�g , $ ��11
F t x a CAA * r x '� t , 1� � f t S , ' " ; ° 1 ` a 4 a . �
x# r 4 t . , a es , , . T' .1.:.:7;,,,-, `� - i , ,a . " ' ,�
v ,r i s ' ` .3 f t -XK � '
4 v ,ts r : i
. ,1i} *,, d X 1 1 lk, t
.."...;?1:.46,,,,";;;':', .., a,..... -,,