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HomeMy WebLinkAboutOrdinance 299 PC DistrictORDINANCE NO. 299 AN ORDINANCE AMENDING ARTICLE 15 -16 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 Article 15 -16 of the City Code to modify the purpose, findings, and standards of the P -C District regulations. 2. Certain amendments 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 duly noticed public hearings on July 11 and July 25, 2012, recommended adoption of the amendments to Chapter 15. 3. The City Council of the City of Saratoga held a duly noticed public hearing on September 5, 2012 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 double - underlined font (e.g., double - underlined) and text to be deleted is indicated in strikeout font (e.g., strikeout). Text in standard font remains unchanged by this ordinance. Text in italics (e.g., italics) is provided to promote readability and is not a part of this ordinance. Article 15 -16 - P -C: PLANNED COMBINED COMMUNITY DISTRICT 15- 16.010 - Purposes of Article. The purpose of the P -C combined district is to provide the City the authority to modify standards of development in an underlying zoning district so as to achieve the following objectives: a) To provide a means of guiding development or redevelopment of properties in areas of the City that are uniquely suited for a variety of design and development patterns and standards. b) To provide greater flexibility of land use and design for a development that provides a public benefit that would not otherwise be attainable through strict application of the zoning regulations. A public benefit could include, but is not limited to, buildings that exceed the City's green building standards, provides community facilities that are open to the public, or allows for innovative infill design. c) To encourage innovative design in a development that achieves one or more specific goals and policies of the General Plan that would otherwise not be attainable through strict application of the zoning regulations. It is not the intent of the P -C district to allow more residential units than would normally be allowed by the existing residential zoning district on the property unless otherwise allowed by the General Plan. In certain instances, the objectives of the Zoning Ordinance may be achieved by the development of a residential community primarily for a common green development or for persons desiring smaller residences or dwelling units than economically feasible under existing zoning districts, and which combines a number of uses in order to develop a living environment in conformity with the General Plan. The planned community combined district is intended to accomplish this purpose and may include a combination of single or multiple dwelling uses together with ancillary uses of recreational centers, social halls, restaurants, medical centers and other related facilities. In order to provide locations for well - planned community facilities which conform with the objectives of the Zoning Ordinance, although they may deviate in certain respects from existing district regulations, property may be rezoned to a new combined residential district, provided the development complies with the regulations prescribed in this Article. 15- 16.020 - Combination with other districts. A planned combined district may be combined with any R -1 district or any R M zoning district upon the granting of a change of zone to a combined district in accord with the provisions of this Article. A planned combined district shall be designated by the symbol "PC" following the zoning district designation with which it is combined. 15- 16.030 - Permitted and conditional uses. No use shall be established or changed upon the proper with which the P -C district is combined unless approved on the basis of the general site development plan provided pursuant to Section 15- 16.060(a). The following permitted uses shall be allowed in a P C district The types of uses which may be established or changed on the basis of such development plan include, but are not limited to: (a) Single - family, two- family or three - family dwellings, or a combination thereof, together with all other permitted uses in an R -1 district, shall be permitted in an R -1 district which is combined with a P -C district. The dwelling units shall be single -story unless otherwise approved by the Planning Commission. (b) Single - family and multi - family dwellings, or a combination thereof, together with all other permitted uses in an R -M district, shall be permitted in an R -M district combined with a P -C district. The dwelling units shall be single -story unless otherwise approved by the Planning Commission. (c) Community centers, private recreational centers, social halls, lodges, clubs, restaurants and medical centers, to be used by the residents of the planned community district and their guests. The following conditional uses may be allowed in a P C district, upon the granting of a use permit pursuant to Article 15 55 of this Chapter: (a) All conditional uses as may be allowed in an R 1 district, may bc allowed in an R 1 district which is combincd with a P C district. (b) All conditional uses as may be allowed in an R M district, may bc allowed in an R M district which is combined with a P C district. 15- 16.0540 - Standards. (a) Standards for the P -C district, of site area and dimensions, site coverage, density of dwelling units and including residential density, setback areas, types of structures, distances between structures, fences, walls and hedges, signs and • by the regulations for the district with which a planned community district is combined shall be consistent with the General Plan. (b) Except as provided for in (a) above, the The Planning Commission City Council shall have authority to grant exceptions to the regulations in this Chapter pertaining to setback areas, distances between structures, fences, walls and hedges, and accessory structures at the time of tentative subdivision approval, development standards without compliance with the provisions of Article 15- 70 of this Chapter relating to variances. (c) Any P C area shall contain a common green unless specifically waived by the Planning Commission. The Planning Commission may recommend and the City Council may require any development on property as to which the P -C district has been combined, and as to which a general site development plan is required, to contain a common green and /or other common area features. 15- 16.060 - Reclassification procedure. The procedure set forth in Article 15 -85 of this Chapter shall apply to applications for a change of zone to a cad- planned community combined district {including Sectionl5- 85.090 Conditional Reclassification), subject to the following exceptions and provisions: (a) Each reclassification to a planned community district shall be a conditional reclassification in accord with Section 15 85.090, and each such conditional reclassification shall in all cases include the following minimum conditions: (1) That the entire site shall be developed in accord with a final site development plan previously approved by the Planning Commission and that building permits shall have been issued and construction commenced on all structures shown on such site development plan or particular units thereof no later than one year from the date of adoption of the Reclassification Ordinance. (2) The owner shall be required to enter into a written contract with thc City, the care, maintenance and operation of all areas, buildings and facilities not dedicated to public usc, but intcndcd for thc common use of thc residents of the -development (b) Each application for a reclassification shall be accompanied by a tentative map for either site approval or subdivision approval in accordance with the provisions contained in the Subdivision Ordinance, together with the proposed procedure to be followed to insure the care, maintenance and operation of all common areas covered by the agreement referred to in subsection (a)(2) of this Section. (ea) The drawing to be furnished with the application, as required undcr Section 15 85.030, shall be a general site development plan of the entire development drawn to scale and showing the contours of the site at intervals of not more than five feet, and shall i^ a n include all of the following information: (1) Proposed land use densities, population densities, building intensities and parking areas, particularly showing those areas and buildings, if any, intended for the common use or benefit of all residents of the development. (2) Proposed circulation pattern, indicating both public and private streets. (3) Proposed parks, playgrounds, school sites, and other open spaces. (4) General delineation and location of each and every building and structure, the proposed use of each building and structure and a schedule for the construction of each building and structure. (5) Any other information deemed necessary by the Community Development Director. area and to the General Plan. (4b) The Planning Commission may recommend and the City Council may b ordinance adopt a change of zone to a planned community combined district as applied for or in modified and /or conditional reclassification form if, on the basis of the application and the evidence submitted, the Commission and/or the Council make the finding that the change is required to achieve the objectives of the Zoning Ordinance set forth in Section 15- 05.020, and can make the following additional findings: (1) That the proposed location of the planned community combined district is in accord with the objectives of the General Plan and the purposes of the zoning district in which the site is located. (2) That the proposed planned community district will comply with each of the applicable provisions of this Chapter. (3Q That standards of site area and dimensions, site coverage, setback areas, heights of structures, distance between structures, fences, walls and hedges, signs, rights of way and off street parking facilities for the development will result in an aesthetic asset to the community and produce an environment of stable and desirable character consistent with the overall objectives of the Zoning Ordinance and the General Plan and Zoning Ordinance. (43) That the combination of different uses in the development will compliment complement each other and will harmonize with not adversely affect existing and proposed land uses in the vicinity or the public health, safety and welfare f 4) The application of the combined district furthers two or more of the purposes contained within Section 15- 16.010. (c) The owner may be required to enter into a written contract with the City agreeing to be responsible for the care, maintenance and operation of all areas, buildings and facilities not dedicated to public use, but intended for the common use within the development. 15- 16.070 - Design review. All structures for multi- family and conditional commercial uses in a planned csmmunity- combined district shall be subject to design review approval pursuant to Article 15 -46 of this Chapter. Single- family structures shall be subject to design review approval when otherwise required under the provisions of Article 15 -45 of this Chapter. Where a planned community district is combined with an R 1 20,000 or an R 1 40,000 district, in lieu of the owner setting aside areas for the common benefit of the recreation uses, so long as no less than fifty percent of the entire site area is either dedicated or set aside for private common use or any combination thereof. Each site first be submitted to the Parks and Recreation Commission for a report and recommendation prior to action thereon by the Planning Commission. Nothing herein contained shall preclude the City frem refusing to accept any offer of dedication not deemed 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 regardless 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 to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15305 - Minor Alteration to Land Use Limitations, 15308 — Actions by Regulatory Agencies for Protection of the Environment, and 15061(b)(3) - The general rule that CEQA applies only to projects which have the potential of causing a significant effect 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. 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 5th day of September, 2012, and was adopted by the following vote following a second reading on the 19th of September 2012. COUNCIL MEMBERS: AYES: Council Member Manny Cappello, Emily Lo, Howard Miller, Vice Mayor Jill Hunter, Mayor Chuck Page NOES: None ABSENT: None ABSTAIN: None ATTEST: 41W rys 1 Morrow City Clerk KJ, r'YVV APPROVED AS TO FORM: Richard Taylor CITY ATTORNEY =1. SIGNED: .c Pale MAYOR, CITY OF SARATOGA, ALIFO IA DATE: 61/1-7/2 0 I Z.