HomeMy WebLinkAboutOrdinance 324 -Amending Chapter 15 of City CodeORDINANCE NO. 324
AN ORDINANCE AMENDING CHAPTER 15
OF THE SARATOGA CITY CODE
THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY ORDAINS AS FOLLOWS.
Findings
1. The City of Saratoga intends to update the City Code to implement the policies contained
in the 2015-2023 General Plan Housing Element.
2 Certain 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 at a duly noticed public hearing on November 12,
2014 after which the Planning Commission recommended adoption of the ordinance to
the City Council.
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 amends the City Code 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., strikeeut) Text in standard font is readopted by this ordinance. Text in italics
(e g , italics) is descriptive only and is not part of the amendments to the City Code.
1. Policy Action No.'s 4-1.1 & 4-4.2 Related Amendments to C -N (RHD) Development
Standards
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 thirty dwelling
units per net acre and conforming to the design standards found in Article 15-58 Pursuant to
Government Code Section 65583.2(i) any design review required for such development shall
not constitute a "project" under CEQA
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(2) Emergency shelters, transitional housing, single -room occupancy buildings, 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) distnct, 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
[No changes to (c) through (g)]
(h) Height of structures. The maximum height of any structure in a C-N(RHD) district
shall be thifty thirty-five feet.
[No changes to (r) through (j)J
(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 forty 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
[No changes to (1)]
(m) Development standards for ecperg pcy gbelter
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than twenty (201 beds and shall • ve no more than twenty (20) persons nig •
physical size of the shelter shall not bf larger than necessary for the number of persons the
shelter serves.
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staffed shift.
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provided which contains a minimum of 200 square feet. \Yaitinh and intake areas may be
used for other purposes (excluding sleeping) as needed during o s erations of the shelter,
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specific common facilities for exclusive use of the residents and staff provided that such
facilities do not substantially increase the overall size of the shelter facility:
(b) Recreation room.
(c) Laundry facilities sired to serve only the occu • ants at the shelter,
(d) Other uses that are considered ancillary to the nrimar use such as office and
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common facilities identified in subsections (a), (b), and (c) above,
individuals who do not utilize the shelter's beds or other services and who reside off-site.
( Securit4". Securit personnel shall be provided during o erational hours whenever
clients are on the site. A security plan shall be submitted to and subiect to the an s royal of
the Community Development Department Director prior to issuance of a certificate of
occupancy,
(8) Concentration of Uses. No more than one emer Jencv shelter shall be s ermined
within a radius of 300 feet of another emerprency shelter.
(9)
followinv. requirements:
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(a)
5:00 p.m. and 8:00 a.m.
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alternative housing is available,
plan shall address: hours of operation, admission hours and process, staff training
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Director to make a determination of compliance with the City's development standards for
the use.
2. Policy Action No. 4-1.6 Related Amendments to Parking Requirements for
fordable Housing Developments in the C-N(RHD) Zoning District
15-35.030 - Schedule of off-street parking spaces.
Off-street parking spaces shall be provided in accordance with the following schedule
Use
[No changes to (a) through (b)]
Spaces Required
(c) Multi -family dwellings One covered space within a garage for each dwelling unit, plus one
and one-half additional spaces on the site for each dwelling unit,
or dwelling units containing no more than one bedroom and for
ousing developments occupied exclusively by seniors and students,
he required parking shall be one covered space within a garage for
ach dwelling unit plus one-half additional space on the site for each
dwelling unit..-, and
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Use
Spaces Required
FRHD) zoning district. the required parkin? shall be one
covered space plus one additional space on site for each dwelling
unit.
[No changes to (d) through NJ
3. Policy Action No. 4-4.1 Related Amendments to Second Dwelling Unit Development
Standards
15-56.030 - Development standards.
Except as otherwise provided in Section 15-56.050, each second dwelling unit shall comply
with all of the following development standards.
(a) Lot size. The net site area of the lot upon which the second dwelling unit is located
shall not be less than ninety percent of the minimum standard prescnbed for the district
applicable to such lot Minimum standards for lots located in the HR Residential District are
determined per Section 15-13 060(a) of the City Code
(b) Unit size and Use. The second dwelling unit shall • • - = • • - ='
and shall not exceed one thousand two hundred square feet of living space, not including the
garage If a second dwelling unit has a basement, the area of the basement is included as part
of the total maximum allowed
[No changes to (c) through (1)]
4. Policy Action No. 4-4.2 Related Amendments to Transitional and Supportive
Housing
15-12.020 - Permitted uses.
The following permitted uses shall be allowed in the R-1 districts.
(a) Single-family dwellings
(4) Accessory structures and uses located on the same site as a permitted use, including
garages and carports, garden sheds, greenhouses, shade structures, recreation rooms, home
(09 hobby shops, cabanas, structures for housing swimming pool equipment, one second dwelling
unit or one guest house
(e4) Raising of fruit and nut trees, vegetables and horticultural specialties, not including
nurseries, greenhouses or storage of landscaping equipment products or supplies for
commercial uses
(4) Home occupations, conducted in accordance with the regulations prescribed in Article
15-40 of this Chapter.
(e€f Stables and corrals for the keeping for private use of one horse for each forty thousand
square feet of net site area; provided, however, that in the equestrian zone only, one additional
horse may be permitted on the first forty thousand square feet of net site area, and an
additional horse may be permitted for each additional forty thousand square feet of net site
area. All horses shall be subject to the regulations and license provisions set forth in Section 7-
20.220 of this Code
(€g) Swimming pools used solely by persons resident on the site and their guests.
(g) The keeping for private use of a reasonable number of domestic dogs, cats and other
small mammals, birds, fish and small reptiles, subject to the regulations as set forth in Article
7-20 of this Code, and subject also to the restnctions and standards prescnbed in Section 15-
11 020(h) of this Chapter.
41111 (hi) Except as specified in Section 15-12 030, recreational courts, to be used solely by
persons resident on the site and their guests
(iD) 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
15-13.030 - Permitted uses.
The following permitted uses shall be allowed in the HR district.
(a) Single-family dwellings
(bg) Accessory structures and uses located on the same site as a permitted use, including
garages and carports, garden sheds, greenhouses, shade structures, recreation rooms, home
hobby shops, cabanas, structures for housing swimming pool equipment and one guest house.
(e4) Raising of vegetables, field crops, fruit and nut trees and horticultural specialties, and
the processing of such products as are so raised or grown on the premises.
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(dg) Home occupations, conducted in accordance with the regulations prescribed in Article
15-40 of this Chapter.
(e€J Stables and corrals or the keeping for private use of not more than two horses on a
site The minimum net site area shall be forty thousand square feet for one horse and eighty
thousand square feet for two horses, except that in the equestnan zone only, a second horse
may be kept if the net site area is at least forty thousand square feet. All horses shall be subject
to the regulations and license provisions set forth in Section 7-20.220 of this Code.
(fg) Swimming pools used solely by persons resident on the site and their guests.
(g) The keeping for private use, of a reasonable number of domestic dogs, cats and other
small mammals, birds, fish and small reptiles, subject to the regulations as set forth in Article
7-20 of this Code, and subject also to the restrictions and standards prescribed in Section 15-
11 020(h) of this Chapter.
(14 Public parks, trails and other publicly owned open spaces
(D Antenna facilities operated by a public utility for transmitting and receiving cellular
telephone and other wireless communications, subject to design review under Article 15-44
15-17.020 - Permitted uses.
The following permitted uses shall be allowed in the R -M districts
(a) Single-family dwellings.
(b)Multi-family dwellings
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(e4) Accessory structures and uses located on the same site as a permitted use, including
garages and carports, garden sheds, greenhouses, shade structures, recreation rooms, hobby
shops, cabanas and structures for housing swimming pool equipment
(dJJ Raising of fruit and nut trees, vegetables and horticultural specialties, not including
nurseries, greenhouses or storage of landscaping equipment, products or supplies for
commercial uses
(ef, Home occupations, conducted in accordance with the regulations prescribed in Article
15-40 of this Chapter
(fg) Swimming pools used solely by persons resident on the site and their guests
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(gk) The keeping for pnvate use of a reasonable number of dogs, cats and other small
mammals, birds, fish and small reptiles, subject to the regulations as set forth in Article 7-20
of this Code, and subject also to the restrictions and standards prescribed in Section 15-
11.020(h) of this Chapter
(A) Antenna facilities operated by a public utility for transmitting and receiving cellular
telephone and other wireless communications, subject to design review under Article 15-44
15-20.020 - Permitted uses.
The following permitted uses shall be allowed in the R -OS district
(a) Single-family dwellings No more than one dwelling unit shall be located on each lot.
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(bg) Accessory structures located on the same lot as a permitted use and not exceeding a total
floor area of two hundred fifty square feet, including detached garages and carports, garden
sheds, greenhouses, shade structures, recreation rooms, home hobby shops, cabanas, structures
for housing swimming pool equipment and one guest house Accessory structures for
agricultural uses such as stables, barns, hay covers and storage sheds shall not exceed a total of
one thousand six hundred square feet.
(e4) Agricultural uses such as raising of vegetables, field crops, vines, fruits, and nut trees, and
horticultural specialties, and the processing of such products
(d1) Home occupations, conducted in accordance with the regulations prescribed in Article 15-
40 of this Chapter
(eft Stables, corrals, and pastures for the keeping of horses for pnvate use. The minimum net
site area shall be one acre for each two horses kept on the site. All horses shall be subject to
the regulations and license provisions set forth in Section 7-20 220 of this Codc
Notwithstanding the provisions of Section 16-80 030(a) of this Chapter, no stable or corral
shall be located closer than thirty feet from any interior property line of the site or any
structure for human habitation. Setbacks from perennial or intermittent streams shall be
sufficient to avoid any discharge or mud slide into the stream. Any stable, corral or pasture
which is fifty feet or less from any perennial or intermittent stream bank shall require the
approval of the City Engineer and/or Santa Clara Valley Water District The property owners
shall comply with the mitigation measures pursuant to the Water District and/or the City
Engineer's requirements In addition, the natural grade of a corral shall not exceed an average
slope of fifteen percent
(€g) Swimming pools used solely by persons resident on the site and their guests Pools shall
be constructed subject to the standards provided in Section 15-20 050(g)(5) and Section 15-
80 030
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(di) The keeping for pnvate use of a reasonable number of domestic dogs, cats, sheep, goats,
and other small mammals, birds, fish and small reptiles, subject to the regulations as set forth
in Article 7-20 of this Code, and subject also to the restnctions and standards prescribed in
Section 15-11 020(h) of this Chapter.
(Iii) Public parks, trails and other publicly owned open spaces
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
Environmental review was completed in the form of an Initial Study and it was determined that
the proposed adoption of this ordinance would not result in potential significant impacts on the
environment and a Negative Declaration was prepared. The Negative Declaration was adopted
by the City Council on November 19, 2014
Section 4. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the City
of Saratoga within fifteen days after its adoption
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Following a duly notice public hearing the foregoing ordinance was introduced at the regular
meeting of the City Council of the City of Saratoga held on November 19, 2014, and was
adopted by the following vote on December 17, 2014
COUNCIL MEMBERS
AYES. Mayor Howard A. Miller, Vice Mayor Manny Cappello, Council Member
Emily Lo, Mary -Lynne Bernald, Rishi Kumar
NOES None
ABSENT. None
ABSTAIN None
ATTEST.
Crystal Bothelio, CITY CLERK
APPROVED AS TO FORM
Richard Taylor, CITY ATTORNEY
Howard A. Miller
MAYOR, CITY OF SARATOGA, CALIFORNIA
DATE
DATE
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CITY OF SARATOGA
ORDINANCE CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
CITY OF SARATOGA
CERTIFIED COPY OF ORDINANCE
ADOPTION
I, Crystal Bothelio, City Clerk for the City of Saratoga in said County of Santa Clara, and State of
California, do hereby certify that the attached is a true and correct copy of Ordinance No. 324,
adopted by the Saratoga City Council on December 17, 2014 by the following vote
AYES. Mayor Howard Miller, Vice Mayor Manny Cappello, Council Members Emily Lo,
Mary -Lynne Bernald, Rishi Kumar
NOES• None
ABSTAIN. None
ABSENT. None
Ordinance
Summary
I hereby further certify that a summary of the ordinance was published in
accordance with Government Code Section 36933 on the following dates.
November 28, 2014 and December 26, 2014. Said ordinance shall be
effective January 16, 2015
❑ Ordinance I hereby further certify that the full text of the ordinance was published
Full Text in accordance with Government Code Section 36933 on Said
ordinance shall be effective
CrystaYBothelio, City Clerk