HomeMy WebLinkAbout08-28-13 Planning Commission Agenda PacketTable of Contents
Agenda 2
August 14, 2013
Draft Minutes 4
Application VAR13-0001,MOD13-0009; 20951 Canyon View
Drive (503-28-008); Nader Sarnevesht - The applicant requests
Variance approval for recently constructed retaining walls with
heights greater than three feet within the front setback area and
greater than five feet in height elsewhere on the site. The
applicant is also requesting approval of Design Review
modifications that have been constructed but were not originally
approved by the Planning Commission. Staff Contact:
Christopher Riordan 408-868-1235
Staff Report 7
Application PDR13-0007 & VAR 13-0002; 14656 Sixth Street
(517-08-003); Tom Tang / Farnaz Khadvi; The applicant
requests approval to replace a non-conforming 618 square foot
home with a new 3,138 square foot two-story home. The
applicant is also requesting a variance for reduced front and
side yard setbacks. Staff Contact: Cynthia McCormick (408) 868
-1230
staff report 8
resolution 17
neighbor forms 21
noticing 28
geotechnical clearance 36
plans 37
Application ZOA13-0006; City Wide - Annual Update to Chapter
15 (Zoning) of the City Code. Staff Contact: Christopher Riordan
408-868-1235
Staff Report 49
Attachment 1: Resolution 55
Exhibit A: Zoning Text 57
Report on Senate Bill No. 1 - Sustainable Communities
Investment Authority
Staff Report 93
Attachment 1 - Current text of the bill 95
Attachment 2 - CPDR Article 105
Attachment 3 - Streetsblog article 107
Attachment 4 - Information from Trish 109
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AGENDA
REGULAR MEETING
SARATOGA PLANNING COMMISSION
Wednesday, August 28, 2013
REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777
FRUITVALE AVENUE
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MINUTES
Action Minutes from the Regular Planning Commission Meeting of August 14, 2013
COMMUNICATIONS FROM COMMISSION & PUBLIC
Oral Communications on Non-Agendized Items
Any member of the Public will be allowed to address the Planning Commission for up to three (3) minutes on matters
not on this agenda. The law generally prohibits the Planning Commission from discussing or taking action on such
items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications under
Planning Commission direction to Staff.
REPORT OF APPEAL RIGHTS
If you wish to appeal any decision on this Agenda, you may file an “Appeal Application” with the City Clerk
within fifteen (15) calendar days of the date of the decision.
PUBLIC HEARING
All interested persons may appear and be heard at the above time and place. Applicants and their representatives
have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for
up to three minutes. Applicants and their representatives have a total of five minutes maximum for closing
statements.
1. Application VAR13-0001,MOD13-0009; 20951 Canyon View Drive (503-28-008); Nader Sarnevesht -
The applicant requests Variance approval for recently constructed retaining walls with heights greater than
three feet within the front setback area and greater than five feet in height elsewhere on the site. The
applicant is also requesting approval of Design Review modifications that have been constructed but were
not originally approved by the Planning Commission. Staff Contact: Christopher Riordan 408-868-1235
Recommended action:
Continue the public hearing to September 11, 2013.
2. Application PDR13-0007 & VAR 13-0002; 14656 Sixth Street (517-08-003); Tom Tang / Farnaz Khadvi;
The applicant requests approval to replace a non-conforming 618 square foot home with a new 3,138
square foot two-story home. The applicant is also requesting a variance for reduced front and side yard
setbacks. Staff Contact: Cynthia McCormick (408) 868-1230
Recommended action:
Adopt Resolution No. 13-031 approving the project subject to conditions of approval.
3. Application ZOA13-0006; City Wide - Annual Update to Chapter 15 (Zoning) of the City Code. Staff
Contact: Christopher Riordan 408-868-1235
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Recommended action:
Approve the attached resolution recommending that the City Council adopt an ordinance which includes
various amendments to Chapter 15 (Zoning) of the Saratoga City Code.
NEW BUSINESS
Report on Senate Bill No. 1 - Sustainable Communities Investment Authority
Recommended Action:
Receive report
DIRECTOR/COMMISSION COMMUNICATION
ADJOURNMENT
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the Planning
Commission by City Staff in connection with this agenda are available at the office of the Community
Development at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the
Planning Commission concurrently with the posting of the agenda are also available on the City website at
www.saratoga.ca.us. Any materials distributed by staff after the posting of agenda are available for public review
at the Community Development Department at the time they are distributed to the Planning Commission.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this
meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. Notification 48 hours prior to
the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR
35.102-35.104 ADA Title II).
CERTIFICATE OF POSTING OF AGENDA
I, Abby Ayende, Office Specialist III for the City of Saratoga, declare that the foregoing agenda for the meeting of
the Planning Commission was posted and available for public review on August 22, 2013 at the City of Saratoga,
13777 Fruitvale Ave., Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us.
You can also sign up to receive email notifications when Commission agendas and minutes have been added
to the City at website http://www.saratoga.ca.us/contact/email_subscriptions.asp.
NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at
www.saratoga.ca.us
3
ACTION MINUTES
REGULAR MEETING
SARATOGA PLANNING COMMISSION
Wednesday, August 14, 2013
REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777
FRUITVALE AVENUE
PLEDGE OF ALLEGIANCE
ROLL CALL
Almalech, Bernald, Grover, Hlava, Smullen, Walia and Zhao
APPROVAL OF MINUTES
Action Minutes from the Regular Planning Commission Meeting of July 24, 2013 (5:0:2(Hlava & Grover –abstain))
COMMUNICATIONS FROM COMMISSION & PUBLIC
Oral Communications on Non-Agendized Items
Any member of the Public will be allowed to address the Planning Commission for up to three (3) minutes on matters
not on this agenda. The law generally prohibits the Planning Commission from discussing or taking action on such
items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications under
Planning Commission direction to Staff.
REPORT OF APPEAL RIGHTS
If you wish to appeal any decision on this Agenda, you may file an “Appeal Application” with the City Clerk
within fifteen (15) calendar days of the date of the decision.
PUBLIC HEARING
All interested persons may appear and be heard at the above time and place. Applicants and their representatives
have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for
up to three minutes. Applicants and their representatives have a total of five minutes maximum for closing
statements.
1. Application PDR13-0012; 14451 Fruitvale Avenue (397-17-007)Lee - The applicant requests Design
Review approval to replace an existing 2,113 square foot one-story home with a new 5,369 square foot
two-story home and related site improvements. Staff Contact: Christopher Riordan (408) 868-1235
Recommended action:
Adopted Resolution No. 13-018 approving the project subject to conditions of approval. (7:0)
2. Application VAR13-0001; 20951 Canyon View Drive (503-28-008) Hashemieh/Sarnevesht - The applicant
requests Variance approval from the regulations contained in City Code Section 15-29.010(l) [Retaining
Walls] to exceed the three foot maximum height for retaining walls located within the front yard setback
and to exceed the maximum five foot height for retaining walls located outside the front yard setback. The
net lot size is approximately 32,670 square feet and the site is zoned R-1-40,000. Staff Contact:
Christopher Riordan (408)868-1235
Recommended action:
Adopt Resolution No. 13-030 approving the project subject to conditions of approval. (Continued to
August 28, 2013 meeting with direction to staff, 7:0)
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3. Application VAR13-0004; 15200 Norton Road (517-14-048); Jon Snell - The applicant is requesting a
Variance to allow a new swimming pool to encroach seven feet into the required twenty foot side yard
setback. Staff Contact: Michael Fossati (408)868-1212
Recommended action:
Adopted Resolution No. 13-029 and new condition approving the project subject to conditions of approval.
(7:0)
C. ADDITIONAL CONDITIONS:
13. Geotechnical Plan Review. The applicant’s geotechnical consultant shall review and approve all
geotechnical aspects of the pool construction plans (i.e. site preparation and grading, site drainage
improvements and design parameters for foundations, and pool shell) to ensure that their recommendations
have been properly incorporated.
14. Geotechnical Construction Inspections. The Project Geotechnical Engineer shall inspect, test (as
needed), and approve all geotechnical aspects of the project construction. The inspections shall include,
but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage
improvements, and excavations for the pool prior to the placement of steel and gunite.
The consultant shall inspect final installed site drainage improvements for conformance with geotechnical
recommendations.
The results of these inspections and the as-built conditions of the project shall be described by the Project
Geotechnical Engineer in a letter and submitted to the City Engineer for review prior to final (as-built)
project approval.
4. Application PDR13-0013; 12970 Glen Brae Dr. (389-03-002); City of Saratoga / Crown Castle on behalf of
Sprint - The applicant is requesting to replace a radome housing three panel antennas on an existing
monopole with a new larger radome, also housing three antennas within Congress Springs Park. The total
combined height of the radome and monopole would be approximately 50 feet.
Recommended action:
Adopted Resolution No. 13-028 approving the project subject to conditions of approval. (7:0)
DIRECTOR/COMMISSION COMMUNICATION
ADJOURNMENT
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the Planning
Commission by City Staff in connection with this agenda are available at the office of the Community
Development at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the
Planning Commission concurrently with the posting of the agenda are also available on the City website at
www.saratoga.ca.us. Any materials distributed by staff after the posting of agenda are available for public review
at the Community Development Department at the time they are distributed to the Planning Commission.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this
meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. Notification 48 hours prior to
the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR
35.102-35.104 ADA Title II).
CERTIFICATE OF POSTING OF AGENDA
I, Abby Ayende, Office Specialist III for the City of Saratoga, declare that the foregoing agenda for the meeting of
the Planning Commission was posted and available for public review on August 8, 2013 at the City of Saratoga,
13777 Fruitvale Ave., Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us.
5
You can also sign up to receive email notifications when Commission agendas and minutes have been added
to the City at website http://www.saratoga.ca.us/contact/email_subscriptions.asp.
NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at
www.saratoga.ca.us
6
PLANNING COMMISSION
MEMORANDUM
TO: Planning Commission
FROM: Christopher Riordan, AICP
MEETING DATE: August 28, 2013
SUBJECT: 20951 Canyon View Drive / VAR13-0001, MOD13-0009
Staff is recommending that the project be continued to the meeting of September 11, 2013.
The applicant is still out of the country and may not be able to attend the meeting. In
addition, staff has requested the applicant to provide more detailed calculations regarding the
amount of impervious coverage existing on the site resulting from the significant deviations
from the approved construction plans.
1
7
REPORT TO
THE PLANNING COMMISSION
Meeting Date: August 28, 2013
Application: Design Review & Variance PDR13-0007 / VAR 13-0002
Location / APN: 14656 Sixth Street / 517-08-003
Owner/Applicant: Tom Tang / Farnaz Khadvi
Staff Planner: Cynthia McCormick, Planner, AICP
14656 SIXTH STREET
Page 1 of 9
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Summary
PROJECT DESCRIPTION: The applicant requests approval to replace a non-conforming 618 square
foot home with a new 3,138 square foot two-story home. The applicant is also requesting a variance
for reduced front and side yard setbacks.
STAFF RECOMMENDATION: Adopt Resolution No. 13-031 approving the project subject to
conditions of approval.
Design review and Variance approval by the Planning Commission is required pursuant to City
Code Sections 15-45.060 and 15-70.060.
PROJECT DATA:
Net Site Area: 4,500 SF
Average Slope: Flat
General Plan Designation: Residential Multi-Family (RMF)
Zoning: Multi-Family (RM-3,000)
Proposed Allowed/Required
Site Coverage (other)
Stairs
Driveway
Walkway
------------------------------------------------
Site Coverage (structures)
Residential Structure
58 sq. ft.
243 sq. ft.
123 sq. ft.
-------------------------------
1,800 sq. ft. (40%)
Maximum net site area
covered by structures 1 is
1,800 SF (40%)
Floor Area
First Floor
Second Floor
Garage:
Total Floor Area
1,385 sq. ft.
1,390.5 sq. ft.
362.5 sq. ft.
3,138 sq. ft.
There are no
floor area standards on
Multi-Family zoned lots
Height (Residence)
Lowest Elevation Point:
Highest Elevation Point:
Average Elevation Point:
Proposed Topmost Point:
99’
101’
100’
128’ (28’)
Maximum Building Height is
30 Feet
Setbacks
See Table 4 below
1 “Structures” include buildings, retaining walls, decks, patios, pool, rec courts – but not driveway or walkway
Application No. PDR 13-0007; 14656 Sixth Street / 517-08-003 Page 2 of 9
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SITE CHARACTERISTICS
Site Description: The existing non-conforming home was built in 1920 2 and is located on a 4,500
square foot lot in the RM-3,000 zoning district. The standard site area of a lot in the RM-3,000
zoning district is 12,000 square feet with a minimum lot width of 100 feet and minimum lot depth
of 115 feet. The standard site density is 3,000 square feet of lot area per dwelling unit (or 4 units on
a 12,000 square foot lot). While the site area is substandard, the site density is conforming, as
provided in Table 1.
Table 1: Existing and Standard Lot Dimensions
Existing Standard
“Site Area”
Standard “Site Density
per dwelling unit”
Lot Size 4,500 SF 12,000 3,000 SF
Lot Width 45’ 100’
Lot Depth 100’ 115’
Neighborhood Description: The property is located near the downtown Village in the multi-family
zoning district. One purpose of multi-family zoning is to “preserve as many of the desirable
characteristics of single-family residential districts as possible, while permitting higher population
densities.”
There are four different zoning districts within 150 foot of the subject property. The home to the
left is in the CH-2 zoning district. It is a designated Historic Landmark and is currently used as an
office. It has non-conforming height, non-conforming setbacks, and non-conforming lot coverage as
shown in Table 2. The property owner received a variance in 1986, allowing the home to be raised
an additional two feet to allow underground parking. The setbacks did not change at that time.
Table 2 – Adjoining Property to the North (left side)
14650 6th Street Zoning Standard (CH-2 District)
Lot Size 3 2,500 sq. ft. 7,500 sq. ft.
Site Coverage 46.7% (determined 1986)Maximum 40% (structures)
Floor Area
1,615 (712 + 903)
No floor area standards
Height 27.5’ Maximum 26 Feet
Setbacks Front: 8 inches
Left Side: 23 feet
Right Side: 2 feet
Rear: 6 inches
Front: 15 feet
Left Side: n/a
Right Side: n/a
Rear: 37 feet
2 The existing home is not listed on the Heritage Resource list
3 The lot was subdivided in 1944
Application No. PDR 13-0007; 14656 Sixth Street / 517-08-003 Page 3 of 9
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The home to the right is in the RM 3-000 zoning district. It is on a substandard lot and has non-
conforming setbacks 4 as shown in Table 3.
Table 3 - Adjoining Property to the South (right side)
14662 Sixth Street Zoning Standard (RM-3000 District)
Lot Size 5,500 sq. ft. 12,000 sq. ft.
Site Coverage ? % Maximum 40%
Floor Area ~ 912 sq. ft. No floor area standards
Height ~ 18 Maximum 30 Feet
Setbacks Front: ~ 15 feet
Left Side: ~ 6 feet
Right Side: ~ 1 to 20 feet
Rear: ~ 42 feet
Front: 25 feet
Left Side: ~ 7.5 feet
Right Side: ~ 7.5 feet
Rear: 37 feet
Project Description:
Multi-family residential districts do not have floor area standards. Floor area is controlled by lot
coverage standards and setbacks. City Code allows a maximum 40% of the net site area to be
covered by structures in the RM-3,000 zoning district. The definition of a "structure" includes
buildings, retaining walls, decks, patios, swimming pools, and recreational courts (but not
driveways or walkways).
The 3,138 square foot two-story home has been designed in a traditional craftsman style
including a front gabled roof, porch with tapered columns, recessed entry, and wood clapboard
siding. The stained wood entry, stained wood garage doors, and tan colored siding help blend
this home with the natural surroundings. The home’s mass has been minimized with simple and
well-proportioned building elements including minimal second story plate heights and second
story eave lines. The stone veneer wainscoting and wrought-iron railing add human scale to the
facade. The applicant has made several changes to the design to reduce the perception of bulk
and integrate the home into the neighborhood. In response to staff comments, the applicant has:
1. Removed four bay windows from the original design to reduce the perception of bulk
2. Changed the original design from Mediterranean to a more traditional style to better integrate
with the neighborhood
3. Changed the exterior material from stucco to wood siding to integrate with the neighborhood
4. Changed the colors of the entry door, garage, and roof to better blend with the natural
surroundings
5. Increased the second-story setbacks from six feet to seven feet and eight feet to minimize bulk
6. Decreased the size of the basement to minimize impacts to trees
7. Reoriented the lightwell to minimize impacts to trees
4 The home was built in 1918 but is not on the Heritage Resource List. No other city records could be found.
Measurements were estimated by staff during a site visit.
Application No. PDR 13-0007; 14656 Sixth Street / 517-08-003 Page 4 of 9
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Materials and Colors:
Detail Colors and Materials
Exterior Tan colored wood clapboard siding
Window Trim White colored wood
Wainscoting Limestone Buckeye cultured stone
Front Door Dark Brown stained wood
Garage Door Dark Brown stained wood
Roof Dark Brown concrete composite tiles
VARIANCE DISCUSSION
The standard front and rear yard setbacks on a multi-family lot are 25 feet while the side yard
setback is 10% of the lot width. The rear setback on a non-conforming lot 5 is 20% of the lot depth,
which is 20 feet for this property. There is no additional setback requirement for the second story of
a two-story home in a multi-family district. However, City Code requires one additional foot for
every two feet of height over 14 feet. Thus, the standard side setback for the proposed 28 foot tall
home is 11.5 feet (4.5 + 7).
The applicant is requesting a variance to reduce the front yard setback from 25 feet to 15 feet for the
first story and 20 feet for the second story. The reduced front setback would accommodate a two-
car garage, as required by code. The garage is approximately 59% of the home’s total frontage. The
remainder of the first story is setback is 38 feet from the front property line. The portion of the
second story that is located over the garage is setback approximately 20 feet from the front property
line, while the remainder of the second story is setback 43 feet from the front property line.
The applicant is also requesting a variance to reduce the side yard setbacks from 11.5 feet to six feet
for the first story and seven to eight feet for the second story. The required side yard setbacks,
totaling 23 feet on this 45 foot wide lot would only permit a 22 foot wide home to be built,
compromising the design and functional living space of the home.
Table 4: Required and Proposed Setbacks
Setbacks Proposed Required
Front:
Left Side:
Right Side:
Rear:
1st Story
15’
6
6
20
2nd Story
20’ 2” to 43’
8’
7’ 1” to 19’
21’ 5” to 23.5’
1st Story
25
11.5’
11.5’
20
2nd Story
25
11.5’
11.5’
20
5 City Code section 15-65.040 regulates side and rear setbacks on non-conforming lots.
Application No. PDR 13-0007; 14656 Sixth Street / 517-08-003 Page 5 of 9
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Surrounding properties are primarily substandard lots with non-conforming setbacks. The existing
618 square foot home is located approximately one foot from the left side property line and
approximately 16 feet from the front property line. An inventory of six homes nearby the subject
property with approximate height and setbacks is provided in Table 5. Table 6 includes lot size and
floor area for the inventoried homes.
Table 5: *Height and Setbacks of Nearby Homes
Address (year built) Height Front Left Right Rear
20701 St. Charles Street 6 (1993) 24’10” 15’ 6’ interior 15’ street 18’4”
20705 St Charles Street 7 (2005) 26’ *~20’ 10’8” 10’4” *~20’
20711 St Charles Street (2005) 26’ 25’ 17’9” (flag) 10’2” *~20’
14706 6th Street 8 (1994) 21’2” 27’ 6’ 6’ 20’10”
14650 6th Street 9
(1895)
27’6” 0.75’ 23’ 2’ 0.5’
14662 6th Street (1918) ~17’ ~15’ 6’ 1’ to 20’ 42’
14656 6th Street (existing) (1920)~16’ 16’ 1’ 24’ 47’
14656 6th Street (proposed) 15’ 6’ 6’ 20’
*approximately 20 foot setback between detached townhomes
Table 6: *Lot Size and **Floor Area of Nearby Lots
Address (year built) Lot Size Floor Area / (FAR) Basement
20701 St Charles Street (1993) 5,000 SF 2,857 SF / (57%) 1,209 SF
20705 St Charles Street (2005) 5,666 SF 3,247 SF / (57%) 1,197 SF
20711 St Charles Street (2005) 5,666 SF 3,278 SF / (58%) 988 SF
14706 6th Street (1994) 3,049 SF 1,657 SF / (54%)
14650 6th Street (1895) 2,500 SF 1,615 SF / (65%)
14662 6th Street (1918) 5,500 SF 912 SF / (17%)
14656 6th Street (existing) (1920) 4,500 SF 618 SF / (14%)
14656 6th Street (proposed) 4,500 SF 3,138 SF / (70%) 1,306 SF
* Lot sizes, floor areas, and setbacks are approximate
Geotechnical Clearance: Geotechnical Clearance with conditions was granted on May 14, 2013
for the project based on review by the City Geotechnical Consultant.
Trees: Arborist Clearance with conditions has been granted for the project per the Arborist
Report dated July 17, 2013. Two coast live oaks are requested for removal to construct the
project. Both trees meet the criteria allowing their removal.
6 Corner of 6th Street and Saint Charles
7 Detached townhome – located behind 20711 St. Charles Street which is also a townhome
8 R1-10,000 Zoning. Variance granted for reduced side setbacks and one-car garage
9 CH-2 District. Designated Historic Landmark. Lot subdivided in 1944. Currently used as an office.
Application No. PDR 13-0007; 14656 Sixth Street / 517-08-003 Page 6 of 9
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CalGreen Standards: The project meets the minimum CalGreen standards, as provided on page
A1.3 of the development plans.
Neighbor Notification and Correspondence: The property owner distributed notification forms
to adjacent neighbors. Six neighbor notification forms were received by staff. A Public Notice
was also sent to property owners within 500 feet of the site. Two neighbors felt the project would
bring “value” to the neighborhood. One neighbor had concerns about the fireplace and privacy from
second-story windows. This neighbor also had concerns about the proposed height blocking his
views of the mountains. There is no fireplace proposed on the floor plans. The second story side
facing windows have been designed with the minimize size necessary to allow light and air into
second story bathrooms. The second story rear facing windows have been designed with the
minimum size necessary to allow for light and air and proper egress from bedrooms. There will be a
minimum of 21 feet of setback from rear facing second story windows to the rear property line and
approximately 50 feet to the lodge located to the rear of the property. The home is located in a
higher density zoning district and the height is consistent with the height of other structures in the
vicinity. On August 21st, staff received additional correspondence from a neighbor who was
opposed to the front yard setback variance and felt that the home to the right of the subject property
should not be a reason to allow the variance. No additional comments have been brought to the
City’s attention as of the writing of this staff report.
FINDINGS
Design Review Findings:
The findings required for issuance of a Design Review approval pursuant to City Code Article 15-
46 are set forth below and the Applicant has met the burden of proof to support making all of those
required findings:
(a) Where more than one building or structure will be constructed, the architectural features
and landscaping thereof shall be harmonious. Such features include height, elevations,
roofs, material, color and appurtenances. Only one structure is being proposed. Therefore,
this finding is not applicable.
(b) Where more than one sign will be erected or displayed on the site, the signs shall have a
common or compatible design and locational positions and shall be harmonious in
appearance. No signs are being proposed. Therefore, this finding is not applicable.
(c) Landscaping shall integrate and accommodate existing trees and vegetation to be
preserved; it shall make use of water-conserving plants, materials and irrigation systems to
the maximum extent feasible; and, to the maximum extent feasible, it shall be clustered in
natural appearing groups, as opposed to being placed in rows or regularly spaced. The
home has been designed to minimize impacts to existing trees. The landscaping has been
designed with a minimum amount of turf for aesthetics accompanied by mulch to minimize
Application No. PDR 13-0007; 14656 Sixth Street / 517-08-003 Page 7 of 9
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water usage. Clusters of shrubs will add an attractive edge around the garage and driveway.
This finding can be made in the affirmative.
(d) Colors of wall and roofing materials shall blend with the natural landscape and be
nonreflective. The dark brown stained wood entry, dark brown stained wood garage doors,
brown tiled roof, and tan colored wood siding help blend this home with the natural
surroundings. This finding can be made in the affirmative.
(e) Roofing materials shall be wood shingles, wood shakes, tile, or other materials such as
composition as approved by the Planning Commission. No mechanical equipment shall be
located upon a roof unless it is appropriately screened. The roof will be constructed of
concrete composite tiles and no mechanical equipment will be located on the roof. This
finding can be made in the affirmative.
(f) The proposed development shall be compatible in terms of height, bulk and design with
other structures in the immediate area. As provided in the staff report, the home is located
in the multi-family zoning district. The home is surrounded by high density uses including a
two-story condominium complex to the west and a lodge to the north. The home is also
located adjacent to a 27 foot tall single-family home to the left and an approximately 17 foot
tall single-family home to the right. Both of these homes are designed with clapboard siding
similar in style to the proposed project. The proposed setbacks are also similar to the setbacks
provided on the adjacent properties, in that the setback along the southeast property line is six
feet for both properties and the setback along the northwest property line is 6 feet for the
subject property and 2 feet for the adjacent property. The home’s mass has been minimized
with simple and well-proportioned building elements including lowered plate heights and
second story eave lines. The stone veneer wainscoting and wrought-iron railing add human
scale to the facade. This finding can be made in the affirmative.
Variance Findings:
Pursuant to City Code Section 15-70.060, the Planning Commission is empowered to grant
variances in order to prevent or to lessen such practical difficulties and unnecessary physical
hardships that would result from a strict or literal interpretation and enforcement of certain zoning
regulations. A practical difficulty or unnecessary physical hardship may result from the size, shape
or dimensions of a site or the location of existing structures thereon. The Applicant has met the
burden of proof required to support the application for a variance as set forth below.
(a) That because of special circumstances applicable to the property, including size, shape,
topography, location or surroundings, strict enforcement of the specified regulation would
deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity
and classified in the same zoning district. City code requires properties in the RM-3000
zoning district to have a 100 foot width and a 115 foot depth. The subject property has a
substandard width of 45 feet and a substandard depth of 100 feet. The required setbacks for a
standard lot are 25 feet in the front and rear and 11.5 feet on the side for a 28 foot tall home.
The required side yard setbacks, totaling 23 feet on this 45 foot wide lot would only permit a
22 foot wide home to be built, compromising the design and functional living space of the
Application No. PDR 13-0007; 14656 Sixth Street / 517-08-003 Page 8 of 9
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Application No. PDR 13-0007; 14656 Sixth Street / 517-08-003 Page 9 of 9
home. The city requires a two-car garage; leaving only 3 feet of width for the remainder of
the home’s frontage, given a standard garage width of 19 feet. This finding can be made in
the affirmative.
(b) That the granting of the variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties in the vicinity and classified in the
same zoning district. The requested variance is consistent with other homes on the same
street and with other homes on non-conforming lots in the multi-family zoning district. The
setback variance is needed to accommodate a two-car garage, as required by code. The
proposed front yard setback is generally consistent with the existing front yard setback of the
home to be replaced. The proposed 6 foot left yard setback is an improvement over the
existing one foot setback. The proposed 6 foot right setback is consistent with the adjacent
setback of the home to the right. This finding can be made in the affirmative.
(c) That the granting of the variance will not be detrimental to the public health, safety or
welfare, or materially injurious to properties or improvements in the vicinity. The requested
side yard variance will not create any health or safety impacts. The proposed home will
replace a dilapidated structure, thus improving the welfare of the street and the neighborhood
in general. The home will accommodate a larger family within a single-family dwelling,
consistent with the purpose of the multi-family zoning district. The proposed home is 2 feet
lower in height than the allowed maximum, minimizing its visual impact. This finding can be
made in the affirmative.
Environmental Determination: The project is categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New
Construction or Conversion of Small Structures”, of the Public Resources Code (CEQA). This
exemption allows for the construction of up to three single-family residences and no exception to
that exemption applies.
STAFF RECOMMENDATION: Adopt Resolution No. 13-031 approving the project, subject to
conditions of approval.
ATTACHMENTS:
1. Resolution of Approval
2. Neighbor Notification Forms
3. Public Hearing Notice, Mailing Addresses for Project Notification
4. Geotechnical Clearance
5. Development Plans (Exhibit "A")
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RESOLUTION NO: 13-031
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
APPROVING AN APPLICATION FOR DESIGN REVIEW OF A NEW TWO-STORY
SINGLE-FAMILY DWELLING IN THE MULTI-FAMILY ZONING DISTRICT
AND A VARIANCE FOR REDUCED SETBACKS LOCATED AT
14656 SIXTH STREET SARATOGA CA 95070
WHEREAS, on April 22, 2013, an application was submitted by Yuanhua Tom Tang
requesting Design Review approval for a new two-story single-family dwelling. The applicant is
also requesting a variance for reduced setbacks in the front and side yards. The new home would
be 3,138 square feet in area and 28 feet in height. The 4,500 square foot sub-standard lot is
located in the RM-3,000 multi-family zoning district. Two protected trees are requested to be
removed to construct the project. (APN 517-08-003).
WHEREAS, the Community Development Department completed an environmental
assessment for the project in accordance with the California Environmental Quality Act (CEQA),
and recommends that the Planning Commission determine this project exempt.
WHEREAS, on August 28, 2013, the Planning Commission held a duly noticed public
hearing on the subject application, and considered evidence presented by City Staff, the applicant,
and other interested parties.
NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds,
determines and resolves as follows:
Section 1: The recitals set forth above are true and correct and incorporated herein by
reference.
Section 2: The project is categorically exempt from the California Environmental Quality
Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New Construction or Conversion of
Small Structures”, of the Public Resources Code (CEQA). This exemption allows for the
construction of up to three single-family residences and no exception to that exemption applies.
Section 3: The project is consistent with the following Saratoga General Plan Policies;
Conservation Element Goal 2 and Land Use Element Goad 1 which states that the City shall
preserve the City’s existing character which includes small town residential, rural/semi-rural areas
and open spaces areas; Conservation Element Policy 6.0 which provides that the City shall protect
the existing rural atmosphere of Saratoga by carefully considering the visual impact of new
development; and Land Use Element Policy 1.1 that the city shall continue to be predominantly a
community of single-family detached residences.
Section 4: The project is consistent with the Saratoga City Code in that because of special
circumstances applicable to the property, including size, shape, topography, location or
surroundings, strict enforcement of the specified regulations would deprive the applicant of
privileges enjoyed by the owners of other properties in the vicinity and classified in the same zoning
district; the granting of the variance will not constitute a grant of special privilege inconsistent with
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Resolution No. 13-031
the limitations on other properties in the vicinity and classified in the same zoning district; and that
the granting of the variance would not be detrimental to public health, safety or welfare or
materially injurious to properties or improvements in the vicinity
Section 5: The project is consistent with the required design review findings in
that landscaping will integrate and accommodate existing trees and vegetation to be preserved;
landscaping will make use of water-conserving plants, materials and irrigation systems to the
maximum extent feasible; landscaping will be clustered in natural appearing groups to the
maximum extent feasible; colors of wall and roofing materials will blend with the natural
landscape and be nonreflective; roof materials will be wood shingles, wood shakes, tile, or other
materials; no mechanical equipment will be located upon the roof; and the home will be
compatible in terms of height, bulk and design with other structures in the immediate area.
Section 6: The City of Saratoga Planning Commission hereby approves VAR13-0002 AND
PDR13-0007 located at 14656 Sixth Street subject to the Findings, and Conditions of Approval
attached hereto as Exhibit 1.
PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 28th day of
August 2013 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Joyce Hlava
Chair, Planning Commission
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Resolution No. 13-031
Exhibit 1
CONDITIONS OF APPROVAL
VAR13-0002 & PDR13-0007
14656 SIXTH STREET
(APN 517-08-003)
1. All conditions below which are identified as permanent or for which an alternative period of
time for applicability is specified shall run with the land and apply to the landowner’s
successors in interest for such time period. No zoning clearance, or demolition, grading for this
project shall be issued until proof is filed with the city that a certificate of approval documenting
all applicable permanent or other term-specified conditions has been recorded by the applicant
with the Santa Clara County Recorder’s office in form and content to the Community
Development Director. If a condition is not “Permanent” or does not have a term specified, it
shall remain in effect until the issuance by the City of Saratoga of a Certificate of Occupancy or
its equivalent.
2. The Owner and Applicant will be mailed a statement after the time the Resolution granting this
approval is duly executed, containing a statement of all amounts due to the City in connection
with this application, including all consultant fees (collectively “processing fees”). This
approval or permit shall expire sixty (60) days after the date said notice is mailed if all
processing fees contained in the notice have not been paid in full. No Zoning Clearance or
Demolition, Grading, or Building Permit may be issued until the City certifies that all
processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is
maintained).
3. The Project shall maintain compliance with all applicable regulations of the State, County, City
and/or other governmental agencies having jurisdiction including, without limitation, the
requirements of the Saratoga City Code incorporated herein by this reference.
4. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and
hold the City and its officers, officials, boards, commissions, employees, agents and volunteers
harmless from and against:
a. any and all claims, actions or proceedings to attack, set aside, void or annul any action
on the subject application, or any of the proceedings, acts or determinations taken, done
or made prior to said action; and
b. any and all claims, demands, actions, expenses or liabilities arising from or in any
manner relating to the performance of such construction, installation, alteration or
grading work by the Owner and/or Applicant, their successors, or by any person acting
on their behalf.
In addition, prior to any Zoning Clearance, Owner and Applicant shall execute a separate
agreement containing the details of this required Agreement to Indemnify, Hold harmless and
Defend, which shall be subject to prior approval as to form and content by the City Attorney.
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Resolution No. 13-031
5. Compliance with Plans. The development shall be located and constructed to include those
features, and only those features, as shown on the Approved Plans denominated Exhibit "A",
and as conditioned below. All proposed changes to the Approved Plans must be submitted in
writing with plans showing the changes, including a clouded set of plans highlighting the
changes. Such changes shall be subject to approval in accordance with City Code.
6. Building Division Submittal. Four (4) sets of complete construction plans shall be submitted
to the Building Division. These plans shall be subject to review and approval by the City prior to
issuance of Zoning Clearance. The construction plans shall, at a minimum include the
following:
a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A”
on file with the Community Development Department.
b. All additional drawings, plans, maps, reports, notes, and/or materials required by the
Building Division.
c. This signed and dated Resolution printed onto separate construction plan pages.
d. The most current Arborist Report printed onto separate construction plan pages.
e. The site plan shall contain a note with the following language: “Prior to foundation
inspection by the City, the Licensed Land Surveyor of record shall provide a written
certification that all building setbacks comply with the Approved Plans,” which note shall
represent a condition which must be satisfied to remain in compliance with this Design
Review Approval.
7. The owner/applicant shall agree to all conditions required by the Saratoga Building Department.
8. The owner/applicant shall agree to all conditions required by the City Engineer, as applicable.
9. The owner/applicant shall agree to all conditions required by the City Arborist, as applicable,
prior to issuance of building permits.
10. The owner/applicant shall agree to all conditions required by the Santa Clara County Fire
Department, as applicable.
11. The owner/applicant shall agree to all conditions required by the Sewer District, as applicable,
prior to issuance of building permits.
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CITY OF SARATOGA
Community Development Department
13777 Fruitvale Avenue
Saratoga, CA 95070
(408) 868-1222
NOTICE OF PUBLIC HEARING
The City of Saratoga’s Planning Commission announces the following public hearing on:
Wednesday, August 28 2013 at 7:00 p.m.
The public hearing will be held in the City Hall Theater located at 13777 Fruitvale Avenue. A
site visit will also be held by the Planning Commission at the subject property. Please contact the
Planning Department for the date and time of the site visit. The public hearing agenda item is
stated below. Details of this item are available at the Saratoga Community Development
Department, Monday through Friday 7:30 a.m. – 5:00 p.m. Please consult the City website at
www.saratoga.ca.us regarding Friday office closures.
APPLICATION: PDR13-0007 / VAR 13-0002
OWNER/APPLICANT: Tom Tang / Farnaz Khadvi
ADDRESS/APN: 14656 Sixth Street Saratoga, CA 95070 / 517-08-003
PROJECT DESCRIPTION: The applicant is requesting Design Review approval for a new
two-story single-family dwelling. The applicant is requesting a variance for a 58 square foot
increase in lot coverage and reduced setbacks in the front, rear, and side. The new home would
be 3,138 square feet in area and 28 feet in height. The 4,500 square foot sub-standard lot is
located in the RM-3,000 multi-family zoning district. Two protected trees have received clearance
for removal to construct the project.
All interested persons may appear and be heard at the above time and place. If you challenge a
decision of the Planning Commission, you may be limited to raising only those issues you or
someone else raised at the Public Hearing.
This notice has been sent to all owners of property within 500 feet of the project that is the subject
of this notice. The City uses the official roll produced by the County Assessor’s office annually, in
preparing its notice mailing lists. In some cases, out-of-date information or difficulties with the U.S.
Postal Service may result in notices not being delivered to all residents potentially affected by a
project. If you believe that your neighbors would be interested in the project described in this
notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone
in your Community has as much information as possible concerning this project.
Cynthia McCormick, Planner, AICP
(408) 868-1230
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Subject APN: 517-08-003 Address: 14656 6TH STREET
500’ Radius SARATOGA CA 95070
Advanced Listing Services Inc.
Ownership Listings & Radius Maps
P.O. Box 2593 •Dana Point, CA •92624
Office: (949) 361-3921 •Fax: (949) 361-3923
www.Advancedlisting.com
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Memorandum of Geotechnical Clearance Conditions
Page 1 of 1
MEMORANDUM
TO: Cynthia McCormick, Project Planner, Community Development Department
CC: Yuanhua Tom Tang (Owner) / Farnaz Khadiv (Applicant)
FROM: Iveta Harvancik, Senior Engineer
SUBJECT: Geotechnical Clearance Conditions for GEO13-0004 at 14656 Sixth Street
DATE: May 14, 2013
1. The Project Geotechnical Engineer shall review and approve all geotechnical aspects of the
final development plans (i.e., site preparation and grading, site drainage improvements and
design parameters for building foundations) to ensure that the plans, specifications and details
accurately reflect the consultants’ recommendations. The consultant shall review
geotechnical design aspects of proposed shoring plans for the basement excavation.
The results of the plan review shall be summarized by the Project Geotechnical Engineer in a
letter(s) and submitted to the City Engineer for review prior to issuance of building permits.
2. The Project Geotechnical Engineer shall inspect, test (as needed), and approve all geotechnical
aspects of the project construction. The consultant shall periodically inspect ground
adjacent to the basement excavation for signs of instability. The inspections shall include,
but not necessarily be limited to: site preparation and grading, site surface and subsurface
drainage improvements, and excavations for foundation construction prior to placement of fill,
steel and concrete. A final geotechnical inspection shall be completed of project drainage
improvements.
The results of these inspections and the as-built conditions of the project shall be described by
the geotechnical consultant in a letter(s) and submitted to the City Engineer for review and
approval prior to Final (as-built) Project Approval.
3. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical
Consultant’s review of the project prior to Zone Clearance.
4. The owner (applicant) shall enter into agreement holding the City of Saratoga harmless from
any claims or liabilities caused by or arising out of soil or slope instability, slides, slope failure
or other soil related and/or erosion related conditions.
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REPORT TO
THE PLANNING COMMISSION
Meeting Date: August 28, 2013
Application: ZOA13-0006
Location City Wide
Owner/Applicant: City of Saratoga
Staff Planner: Christopher Riordan
RECOMMENDED ACTION:
Recommend the Planning Commission approve the attached resolution recommending that the City
Council adopt an ordinance which includes various amendments to Chapter 15 (Zoning) of the
Saratoga City Code.
BACKGROUND:
Staff maintains a list of proposed Zoning Code changes and annually proposes amendments. At
its January 25, 2013 annual retreat, the City Council requested that the Planning Commission
consider these amendments and make a recommendation to the City Council.
On August 13, 2013, the Planning Commission held a Study Session to review the text of the
proposed amendments. The Commission’s recommendations from the Study session have been
incorporated.
The table on the following pages is a summary of topics being addressed with the annual update
to the Zoning Code.
Topic Current Approach and Problem Proposed Changes
1. Outdoor Music
Permits
Section 7-30.090(b) [Outdoor Music Permits]
expires on November 1, 2013. Staff is currently
preparing updates to the Noise Element and
Noise Ordinance to present to the Planning
Commission and City Council. The City
Council is expected to review these updates in
January 2014.
The expiration date of City Code Section 7-
30-090(b) is being extended to April 1,
2014.
2. Health/Fitness
Center
The list of proposed amendments includes the
addition of specific parking requirements for
Health/Fitness Centers. The City Code does not
currently have a definition of Health/Fitness
Centers.
A definition of Health/Fitness Centers has
been added as Section 15-06.331.
49
ZOA13-0006
Topic Current Approach and Problem Proposed Changes
3. “Kitchen”
Definition
City Code Section 15-06-400 defines a
“Kitchen” as “a room designed, intended or
used for the cooking and preparation of food.
This definition is could define a kitchen as any
room in a house with a sink and microwave.
Proposed modifications include expanding
the definition of “kitchen” by adding the
requirement that either a 220 volt outlet or
a natural gas connection for a cooking
appliance be available.
4. “Site” Definition City Code Section 15-06.620(a)(5) “Site” states
that areas of a site that are designated as Mrf on
the City’s Ground Movement Potential Map are
included in the definition of Net Site Area. The
Mrf designation was eliminated during the
recent update to the Ground Movement Safety
Map.
Staff is proposing to remove the current
reference to “Mrf” as being an area that is
included in Net Site Area.
5. Medical and
Professional Office
Definitions
The “Medical Office” definition in City Code
Section 15-06.480(c) applies to all doctors and
dentists including similar practitioners of
medical and healing arts for humans. Medical
Offices are listed as a conditionally permitted
use in both the C-N and C-V commercial
zoning districts and are considered such due to
the potential for the creation of medical waste,
odors, or noise. However, therapists,
chiropractors, and similar professionals meet
their clients in office type settings more similar
in nature to a professional office, have a low
probability of creating a “nuisance” but are still
defined as a Medical Office and required to
obtain a Use Permit in the C-N and C-V zoning
districts.
Staff is proposing to modify the definition
of Professional Office to that it includes
therapists and healing arts professionals
and other similar providers as a permitted
use in the C-N and C-V commercial zoning
districts.
6. Santa Clara
National Pollution
Discharge
Elimination System
The City Code references a specific date as the
most current policies adopted by the Santa Clara
Valley Urban Runoff Pollution Prevention
Program. This program is often updated which
make it impractical to include a date reference
in the code.
Remove the current effective date of
October 17, 2001 from the City Code and
instead refer to the “current” policies of the
Santa Clara Valley Urban Runoff Pollution
Prevention Program.
7. Subterranean
Structures
The City Code does not include a definition or
development standards for subterranean
structures such as wine cellars when they are
located outside the footprint of an existing
structure.
Section 15-06.685 “Subterranean
Structures” would be added to the City
Code which includes development
standards for such structures. This type of
use would not count as Floor Area but
would be included in the total allowable
site coverage.
8. Design Review
Code References for
Antenna Facilities
Article 15-44 “Wireless Telecommunications
Facilities” was added to the City Code in
November 2012. This Article includes Design
Review Findings that were previously included
in Article 15-46. Certain sections of the City
Code incorrectly state that Design Review is
Staff is proposing to modify all applicable
areas of the code to change references
requiring Design Review to Article 15-44
for all antenna facilities operated by a
public utility for transmitting and receiving
cellular and other wireless
Page 2 of 6
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ZOA13-0006
Topic Current Approach and Problem Proposed Changes
required under Article 15-46 and not Article 15-
44.
communications.
9. Updates to the
City’s Ground
Movement Potential
Map
City Code Sections 15-13.050 (Hillside
Residential) and 15-20.050 (Residential Open
Space) limits the location of Building Sites
within particular geologic hazard designations
as depicted on the City’s Ground Movement
Potential Map. Some of these designations are
not consistent with recent changes to the City’s
Safety Element of the General Plan.
Staff is proposing to modify City Code
Sections 15-13.050 and 15-20.050 to be
consistent with changes to the updated
Safety Element of the General Plan.
10. Exterior Side
Setbacks for Lots
Zoned Hillside
Residential
The minimum side setback area for lots in the
Hillside Residential zoning district is 20 feet
with no mention of an exterior side setback. The
minimum exterior side setback for vacant lots
and lot created after May 18, 1992 is 25 feet
which is inconsistent with lots that are not
vacant.
Staff is proposing to modify City Code
Section 15-30.090(2) to clarify that the
interior side setbacks are 20 feet and the
exterior side setbacks are 25 feet which
would be consistent with the minimum side
setback for vacant lots in the HR zoning
district.
11. Temporary
Special Event Signs
City Code Section 15-30.060(d) (Signs allowed
in any zoning district without a sign permit)
states that there is a limit on the number and
size of temporary special event signs that are
included with a City issued Special Event
Permit. Not all temporary events are similar in
scope and size and staff would like the
flexibility to regulate the number and size of
temporary special event signs during the Special
Event Permit process.
Section 15-30.060(d) would be modified
thereby removing the statement that there
be no more than eight temporary signs per
event and no individual sign shall exceed
ten feet in height and sixty square feet in
area.
12. Parking
Requirements for
Health/Fitness
Centers and
modifications to the
parking ratio for
multi-family
developments per
the 2007-2014
Housing Element.
The City Code does not include off-street
parking requirements for health/fitness centers
such as gyms. The existing parking
requirement for “clubs”, such as country
clubs, is too restrictive and is not directly
applicable to health/fitness centers.
The adopted 2007-2014 Housing Element
included Policy Action 4-1.9 that the City
would consider modifications to the parking
ratio for multi-family dwellings to encourage
the development of affordable housing.
Section 15-35.030(j) “Schedule of off-
street parking spaces” would be added to
the City Code specifying that the off-
street parking requirements for
Health/Fitness Centers would be one
space for each 150 square feet of gross
floor area.
A definition of Health/Fitness Center has
been added as Section 15-06.331.
Section 15-35.030(c) would be modified
to state that for one-bedroom dwelling
units and for housing developments
occupied exclusively by students or
seniors, the required parking would be
one space within a garage for each
dwelling unit plus one-half additional
space on site.
Page 3 of 6
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ZOA13-0006
Topic Current Approach and Problem Proposed Changes
13. Administrative
Design Review of
Major Residential
Additions
Code Section 15-45.065 includes the
requirements for residential building
construction to qualify for Administrative
Design Review. Staff would like to clarify the
text of the existing requirements so that they
are easier to comprehend by the general public
and easier to administer by Staff .
Code Section 15-45.065 would be
modified to state that Administrative
Design Review would be required for
“Any work that would expand the floor
area by over fifty percent” or “Any work
that would modify the footprint by over
fifty percent.” References to the removal,
replacement, or reconstruction of
structural elements would be removed.
14. Decreasing the
minimum setback
requiring the
preparation of a
boundary survey
and clarifying
when cross sections
are required.
Code Section 15-45.070(a)(2) specifies that a
boundary survey is required if new
construction is three feet or closer to a
required setback area. The building
department requires a setback certificate from
a licensed land surveyor prior to foundation
construction.
The City’s development application checklist
requires that all projects include architectural
cross sections. The City code states that cross
sections are only required on hillside lots.
Modify Section 15-45.070(a)(2) to
require that a boundary survey is required
if construction is proposed two feet or
closer to a required setback area.
Clarify that cross sections are required for
all projects regardless of location.
15. Timing for the
installation of story
poles and removal
of height
certification
requirement
Code Section 15-45.075(b) includes the
requirements for the installation of “story
poles” and does not specifically state the
timing requirements for their installation.
Code Section 15-45.075(c) requires the
mandatory submission of a letter signed by the
project surveyor or civil engineer certifying
the accuracy of the story poles. The cost to
prepare this letter can add additional financial
costs to the applicant and may not be required
unless the height accuracy of the story poles is
in question.
Code Section 15-45.075(b) would be
modified to state that “story poles” are to
be installed “no later than three working
days prior to advertising the public
hearing” or in the case of Administrative
Design Review applications, “no later
than three working days prior to the
Notice of Intent to Approve.”
Code Section would be modified to state
that story pole height certification letters
would be required for projects 24 feet or
taller in height or when requested by the
Community Development Director or
designated representative.
16. Replacement of
destroyed
nonconforming
structures.
Code Section 15-45.100 allows structures that
have been destroyed by fire, etc to be rebuilt
with their previous non-conforming setbacks
and floor area. The material is this section is
repeated in Code Section 15-65.70 thereby
making Section 15-45.100 superfluous.
Code Section 15-45.100 (Replacement of
Destroyed Nonconforming Structures)
would be eliminated.
17. Number of
Fireplaces per Lot
The City Code limits the number of wood
burning fireplaces to one per structure and one
per dwelling unit in multi-family projects.
Both a single-family dwelling and a detached
guest house can have a wood burning
Section 15-48.030 would be modified to
state that only one wood-burning
fireplace would be permitted per lot
instead of one per structure. Multi-family
projects could continue to have one
Page 4 of 6
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ZOA13-0006
Topic Current Approach and Problem Proposed Changes
fireplace and there is no limit on the number
of wood burning fireplaces that can be located
outside of a structure (i.e. outdoor fireplaces)
thereby allowing wood burning fireplaces to
proliferate.
fireplace per dwelling unit.
These modifications would have no effect
on wood burning devices used for the
preparation of food (e.g. wood burning
ovens and outdoor barbeques)
18. Tree Removal
Permits and Solar
Panels
The tree regulations which include the criteria
for the approval of a tree removal permit
(Code Section 15-50.080) do not currently
state that the City Arborist may approve a tree
removal permit for a tree that interferes with
the installation or efficient operation of solar
panels.
Section 15-50.080(a)(10) would be added
which adds a new criterion for approving
a tree removal permit when the tree
proposed for removal interferes with the
installation and efficient operation of
solar panels.
19. Repair or
Alteration of
Nonconforming
Structures
Code Section 15-65.020 defines the type of
repairs or maintenance that may be performed
on nonconforming structures. The current
definition of both major and minor repairs and
additions requires evaluations of the estimated
cost of construction of the nonconforming
structure that is subject to the work.
When calculating building permit fees the
Building Department considers a projects
valuation and not cost. Using the term
“valuation” when considering the extent of
repair or alteration to nonconforming
structures would provide consistency.
The definition of “reconstruction” has been
difficult for staff and the public to interpret as
it requires evaluations of the estimated cost of
construction and not the extent of the work.
To provide consistency to the definitions
of both minor or major repairs and
alteration, references to construction cost
would be removed to be replaced with
construction valuation.
The definition of Reconstruction would
include any work that would expand the
floor area by over 50% or modify the
footprint by over 50%. The summary
table contained in Code Section 15-
65.025 would also be modified to include
the revised definitions.
20. Nonconforming
Structures destroyed
by natural disasters
such as fire.
Code Section 15-65.070 allows reconstruction
of nonconforming structures destroyed by fire,
etc to previous configuration. The current
standards limit such reconstruction only when at
least 25% of the structure remains. This has
made it difficult for residents to obtain
homeowner insurance.
The update allows reconstruction even if
the structure is 100% destroyed provided
that the reconstruction does not exceed
the structure's pre-damaged first and
second story footprint.
Page 5 of 6
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ZOA13-0006
Page 6 of 6
Topic Current Approach and Problem Proposed Changes
21. Required
setbacks for
accessory pool
equipment
When the minimum residential side setback is
more than ten feet, Code Section 15-
80.030(b)(2) states that accessory pool
equipment may be located within a side
setback area and ten feet from the side lot line.
The Code does not state if the minimum side
setback is the “interior” setback or the
“exterior” street side setback.
Section 15-80.030(b)(2) would be
modified by inserting the word “interior”
to clarify required side setbacks for pool
equipment.
22. Definition of
Tobacco Product
The definition of tobacco product created in
2010 for Article 11-15 – “Tobacco Free
Recreation areas” is not consistent with the
definition of Tobacco Product contained in
City Code Section 15-80.130(2). Both
definitions should be consistent.
The definition of Tobacco Product
contained in Code Section 15-80.130(3)
would be modified to match the definition
of Tobacco Product contained in Code
Section 11-15.010.
23. Basements –
Geotechnical
Review and
Lightwells
City Code Section 15-80.035 requires all
basements and basement additions to obtain
Geotechnical Clearance from the City
Geologist. However, not all areas of the City
are subject to geotechnical hazards and such a
review is not always necessary. The Building
Department will still require the clearance of a
licensed soil engineer prior to issuance of a
building permit.
Lightwells are not permitted to encroach into
a required setback area which makes it
sometimes difficult to construct basements on
narrow lots. The definition of lightwell limits
the width to four feet which is too restrictive if
all other standards are being met.
Code Section 15-80.035(d) would be
modified to only require that basement
and basement additions receive
Geotechnical Clearance from the City
Geologist if they are located in an area as
identified on the City’s Ground
Movement Potential Map has being
located in an area with significant
potential for ground movement.
The code includes a list of architectural
features that can encroach into setbacks.
The modification would allow lightwells
to have the same setback encroachments
as fireplaces and would remove the width
limits from the definition.
24. State Density
Bonus
City Code Section 15-81.040 makes reference
to the Planned Community District which no
longer exists in the City Code. The Code is
not in compliance with State law requiring the
City Council to consider the City’s means of
compliance with State density bonus
requirements.
The amendment (1) deletes a reference to
the planned community district which no
longer exists and (2) brings the code into
conformance with State law (Government
Code 65915(d)(3)) which requires that the
City Council consider the City’s means of
compliance with State density bonus
requirements.
ATTACHMENTS:
1. Resolution recommending that the City Council approve the proposed amendments to Chapter
15 Zoning Regulations.
54
CITY OF SARATOGA PLANNING COMMISSION
RESOLUTION NO: 13-032
Application ZOA13-0006
Amendments to Chapter 15 of the City Code
The City of Saratoga Planning Commission finds and determines as follows with respect to
the above-described application:
WHEREAS, during the review and implementation of Chapter 15 of the City
Code (Zoning), staff identifies specific code sections which are inconsistent with other
sections of the Zoning Code, are difficult to interpret, or have been preempted by changes
to California law. The current review has identified proposed amendments to various Code
sections shown in Exhibit A.
WHEREAS, on August 28, 2013 the Planning Commission held a duly noticed
Public Hearing on the legislation described above at which time all interested parties were
given a full opportunity to be heard and to present evidence and argument. The Planning
Commission considered the amendments, Staff Report, correspondence, presentations from
the public, and all testimony and other evidence presented at the Public Hearing.
NOW THEREFORE, the Planning Commission of the City of Saratoga hereby
finds, determines and resolves as follows:
Section 1: The recitals set forth above are true and correct and incorporated herein
by reference.
Section 2: The legislation described in the recitals is categorically exempt from
the California Environmental Quality Act (CEQA) pursuant to Public Resources Code
Sections 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, the minor
amendments are clarifying only and would have a de minimis impact on the environment.
Section 3: After careful consideration of the staff report and other materials,
exhibits and evidence submitted to the City in connection with this matter, the Planning
Commission of the City of Saratoga does hereby recommend to the City Council to amend
the City Code as shown in Exhibit A.
55
2
Application No. ZOA11-0002
PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 28th
day of August 2013 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Joyce Hlava
Chair, Planning Commission
Attachment:
Exhibit A – Proposed Zoning Code Amendments
56
Exhibit A
PLANNING COMMISSION RECOMMENDED AMENDMENTS TO VARIOUS
SECTIONS OF CHAPTER 15 OF THE SARATOGA CITY CODE
The Planning Commission recommends that the Saratoga City Code be 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., strikeout). Text in standard font is
readopted by this ordinance.
1. Noise Exception Permit
7-30.090 - Exception permits.
(a) General noise exception permit. If the applicant demonstrates to the satisfaction of the
Director that immediate compliance with the requirements of this Article would be impractical or
unreasonable, the Director may issue a permit to allow exception from any or all of the provisions
contained in this Article, with appropriate conditions to minimize the public detriment caused by
such exceptions. Any such permit shall be for an initial term as specified by the Director, not to
exceed thirty days. Longer terms up to one hundred twenty days may be granted by the Planning
Commission.
In determining whether an exception permit should be issued and the nature and scope of any
conditions to be imposed, the Director shall consider the following factors:
(1) The level and intensity of the noise;
(2) The level and intensity of the background noise, if any;
(3) The proximity of the noise to residential areas;
(4) The time of day when the noise occurs;
(5) The duration of the noise, and whether it is recurrent, intermittent or constant;
(6) The nature and zoning of the area within which the noise emanates or to which it is
transmitted.
(b) Outdoor music permits—CH Zoning District. This Section 7-30.090(b) shall expire
November 1, 2013 April 1, 2014, and thereafter outdoor music shall not be allowed in the CH
Zoning District, unless a later enacted ordinance that becomes effective on or before November 1,
2013 April 1, 2014, deletes or extends that expiration date. An outdoor music permit may be issued
on an annual basis to a commercial establishment located within the CH Zoning District subject to
the requirements contained in this Section for the purposes of allowing the playing of acoustic and/or
amplified music outside a building. Background music does not require an outdoor music permit.
(1) Each outdoor music permit shall be subject to conditions requiring coordination and
cooperation among holders of outdoor music permits such that acoustic and/or amplified music
played outside a building at the same date and time shall be limited by blocks as described below:
1
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Exhibit A
a. Two events in Block One situated between 3rd Street and Saratoga Los Gatos Road separated
by at least two hundred feet.
b. One event in Block Two situated between 3rd and 4th Street.
c. One event in Block Three situated between 4th and 5th Street.
d. One event in Block Four situated west of 5th Street.
(2) Outdoor acoustic and/or amplified music is permitted at establishments holding an outdoor
music permit during the following days and times provided that it does not exceed the specified
maximum decibel levels:
a. Fridays, 5:00 P.M. to 9:00 P.M., seventy-three dbA.
b. Saturdays, 4:00 P.M. to 9:00 P.M., seventy-three dbA.
c. Sundays, 11:00 A.M. to 4:00 P.M., seventy-three dbA.
The above decibel levels shall be measured twenty-five feet from the source of the sound.
(3) The Director may condition an outdoor music permit on such other requirements that the
Director determines are necessary to protect the public health, safety or welfare.
(4) Continuing jurisdiction and permit revocation. The Director shall retain continuing
jurisdiction over each permit and may modify (by deleting or adding conditions to) or revoke an
outdoor music permit to the extent the Director deems necessary to protect the public health, safety
or welfare, or if the permit holder fails to meet any of the conditions of the permit or to adequately
address changed circumstances.
(5) Denial of a permit. The Director may deny an outdoor music permit if the applicant has had
an outdoor music permit revoked within the past twelve months or if the applicant is not in
compliance with the City Code or a use permit issued pursuant to the City Code.
(6) Hearings and appeals from administrative decisions. Prior to denial, modification, or
revocation of a permit, the Director shall notify the applicant in writing of the intent to deny, modify,
or revoke the permit, the reasons for such intended decision, and that the applicant may within five
days after receipt of such notice file with the Director a written request for a meeting with the
Director. A determination of the Director to approve, conditionally approve, deny, modify or revoke
a permit may be appealed to the Planning Commission in accordance with the procedures set forth in
Article 15-90 for appeals from administrative decisions and notwithstanding Section 15-90.020, the
decision of the Planning Commission on the appeal shall be final and not subject to appeal to the
City Council.
2. Health/Fitness Center Definition
15-06.331 Health/Fitness Center.
"Health/Fitness Centers" means membership based fitness facilities, gymnasiums, athletic clubs,
and similar establishments requiring membership for access.
2
58
Exhibit A
3. Single-Family Home Kitchen Definition
15-06.400 Kitchen.
"Kitchen" means a room designed, intended or used for the cooking and preparation of food
which includes either a 220 volt outlet or a natural gas connection for a cooking appliance.
4. “Site” Definition
15-06.620 - Site.
"Site" means a lot, as defined in Section 15-06.420.
(a) Gross site area means the total horizontal area included within the property lines of a single
site.
(b) Net site area means that portion of gross site area remaining after deducting therefrom the
following:
(1) Any portion of a site within the right-of-way of an existing public or private street, road or
access easement, except an emergency access street.
(2) Any portion of a site within the proposed right-of-way of a future street (except an
emergency access street), as shown on an approved tentative subdivision map or a recorded
subdivision map.
(3) The portion of a flag lot constituting the access corridor lying between the front lot line and
the frontage line of the corridor at the street.
(4) Any portion of a site within an easement to the Santa Clara Valley Water District.
(5) Those areas which are classified by the City Geologist as "Md". or "Mrf;" and
(6) Any quarries, unless shown to be suitable for development, as determined by a detailed
geotechnical analysis approved by the City Geologist.
(c) Site frontage means the length of the front lot line.
(d) Site width means the horizontal distance between side lot lines, measured at right angles to
the site depth at a point midway between the front and rear lot lines, or if there is no rear lot line, at
the midway points of the intersecting side lot lines.
(e) Site depth means the horizontal distance from the midpoint of the front lot line to the
midpoint of the rear lot line, or to the most distant point on any other lot line where there is no rear
lot line.
(f) Site coverage means the percentage of net site area covered by impervious surfaces
including all structures, open or enclosed, or projections of structures.
3
59
Exhibit A
5. Medical Office / Professional Office Definitions
15-06.480 Office.
(a) Professional office means a use providing professional or consulting services including
therapists and healing arts professionals and other similar service providers that do not create
significant odors or noise.
(b) Administrative office means a use providing facilities for the conduct of management and
administrative functions of a business or other enterprise.
(c) Medical office means a use providing consultation, diagnosis, therapeutic, preventative, or
corrective personal treatment services by doctors, dentists, and similar practitioners. of medical and
healing arts for humans.
6. Update National Pollution Discharge Elimination System (NPDES) References
15-06.581 - Santa Clara Valley Urban Runoff Pollution Prevention Program. (NPDES).
"Santa Clara Valley Urban Runoff Pollution Prevention Program (NPDES)" means the current
policies and directives adopted by the Santa Clara Valley Urban Runoff Pollution Prevention
Program, including but not limited to the National Pollutant Discharge Elimination System
(NPDES). effective October 17, 2001, and on file in the Community Development Department.
7. Subterranean Structures not included in floor area
15-06.685 Subterranean Structure
“Subterranean Structure” includes a cellar, bunker, or other structure that is: (a) not
located beneath the building footprint of a structure; (b) does not encroach into setback areas;
and (c) located wholly underground except for required ingress/egress, lighting and
ventilation. Subterranean Structures are to be included in the calculation of impervious area.
8. Design Review Reference for Antenna Facilities in the Agriculture, Hillside Residential,
Residential Multi-Family, Professional Administrative Zoning Districts, and) Commercial Zoning
Districts.
15-11.020 - Permitted uses.
The following permitted uses shall be allowed in the agricultural district:
(a) Single-family dwellings.
(b) Accessory structures and uses located on the same site as a permitted use, including barns,
farm out-buildings, storehouses, garden structures; green houses, workshops and one guest house.
(c) Raising of field crops, fruit and nut trees, vegetables, horticultural specialties and timber.
4
60
Exhibit A
(d) Processing of products produced on the site.
(e) Home occupations, conducted in accordance with the regulations prescribed in Article 15-40
of this Chapter.
(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.
(h) 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 following restrictions:
(1) All animals shall be kept as pets only, and not for sale, breeding, experimental or
commercial purposes.
(2) Animals shall at all times be confined to the site, unless restrained or caged and under the
direct control of the owner or person having custody of the animal.
(3) No animals shall be permitted which are vicious, poisonous, wild, dangerous, capable of
raucous outcry or other noise disturbing to the peace and quiet of the neighborhood, or otherwise
constitute a hazard to the public health, safety or welfare, and all such animals are hereby declared to
be a public nuisance.
The factors to be considered in determining whether the number of animals upon a site is
reasonable shall include, but are not limited to, the size of the site or portion thereof on which the
animals are kept; the type of animals and extent of noise, odor or other adverse impacts upon the
occupants of neighboring properties the animals may cause by their presence on the site; the
proximity of other dwelling units; the manner in which the animals are confined upon the site; and
the propensity of the animals to cause injury or damage to persons or property.
(i) 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. 15-46.
15-13.030 - Permitted uses.
The following permitted uses shall be allowed in the HR district:
(a) Single-family dwellings.
(b) 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.
(c) 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.
5
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Exhibit A
(d) Home occupations, conducted in accordance with the regulations prescribed in Article 15-40
of this Chapter.
(e) 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 equestrian 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.
(f) 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.
(h) Public parks, trails and other publicly owned open spaces.
(i) 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. 15-46.
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.
(c) 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.
(d) 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.
(e) Home occupations, conducted in accordance with the regulations prescribed in Article 15-40
of this Chapter.
(f) Swimming pools used solely by persons resident on the site and their guests.
(g) The keeping for private 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.
(h) 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-
46.
6
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Exhibit A
15-18.020 - Permitted uses.
The following permitted uses shall be allowed in a P-A 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 pursuant to Article 15-55 of this Chapter:
(a) Professional, administrative and medical offices.
(b) Financial institutions.
(c) Accessory structures and uses located on the same site as a permitted use.
(d) Parking lots which comply with the standards for off-street parking facilities as set forth in
Section 15-35.020 of this Chapter.
(e) Temporary seasonal Christmas tree and pumpkin sales on a site not less than nine and one-
half acres in size.
(f) 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. 15-46.
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 pursuant to Article 15-55
of this Chapter:
(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 15-44.
(6) Markets with a floor area dedicated to food and drink sales that is less than or equal to
twenty-five percent of the establishment's total floor area and two thousand square feet or less.
(b) Conditional uses. The following conditional uses may be allowed in any commercial
district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter:
7
63
Exhibit A
(1) Restaurants.
(2) Markets with a floor area dedicated to food and drink sales that is more than twenty-five
percent of the establishment's total floor area or more than two thousand square feet.
(3) Any establishment engaged in the sale of alcoholic beverages, with the exception of tasting
rooms, as provided for in Section 15-19.050(a)(3) of this Code.
(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.
9. Changes to the Hillside Residential Zoning District and the Residential Open Space Zoning
District regulations with respect to the “Location of Building Sites” to accommodate recent updates
to the City’s Safety Element and Ground Movement Potential Map.
15-13.050 - Development criteria.
No principal use shall be established, and no main structure shall be erected or constructed in the
HR district, nor shall any building or other permit be issued therefor, unless and until the applicant
has complied with the following development standards, which standards shall be in addition to, and
not in lieu of, any and all other development criteria and requirements set forth in Chapters 14 and
16 of this Code:
8
64
Exhibit A
(a) Site development plan. A site development plan has been prepared and approved by the
advisory agency in accord with Section 14-25.100 of the Subdivision Ordinance, and the physical
location of each use and structure is as set forth on such approved plan. The planting and
landscaping portion of such plan shall, insofar as is reasonably practical, provide for the retention of
existing vegetation and land formations, and shall include an erosion and sediment control element
setting forth reasonable mitigation measures in accord with the Excavating and Grading, and
Subdivision Ordinances of the City. Grading shall be representative of adjacent topography and be
an extension of natural contours insofar as reasonably practical, and shall be designed to avoid
erosion, flooding, slides and other hazards. Water, sewer and other utility services, streets and other
access routes which traverse any geologic or soils hazard shall be specifically engineered to
eliminate the risk of failure or collapse, and setbacks from hazard areas shall be in accord with the
geologic and soils investigation report and recommendations.
(b) Geologic and soils report. A preliminary combined geologic and soils investigation and
report prepared by a certified engineering geologist licensed by the State and by a registered civil
engineer qualified in soils mechanics by the State, shall be filed in conjunction with the site
development plan unless the City Geologist determines that existing information pertinent to the
subdivision or site approval makes preliminary analysis or any part thereof unnecessary. The
geologic and soils report shall fully and clearly present:
(1) All pertinent data, interpretations and evaluations based on the most current professionally
recognized soils and geologic data.
(2) The significance of the data, interpretations and evaluations with respect to the actual
development or implementation of the intended land use through the identification of any significant
geologic problems, critically expansive soils or other unstable soil condition which, if not corrected,
may lead to structural damage or future geologic problems both on and off the site.
(3) Recommendations for corrective measures deemed necessary to prevent or significantly
mitigate potential damage to the proposed project and adjacent properties or otherwise to insure safe
development of the property.
(4) Recommendations for additional investigations that should be made to insure safe
development of the property.
(c) Additional studies required. The City shall also require the following additional studies
prior to approval of a site development plan or prior to issuance of a building permit, unless the City
Geologist determines that existing information pertinent to the subdivision or the site approval
provides the same data as would have been obtained from any or all of such additional studies:
(1) Soil and foundation engineering investigation by a registered civil engineer addressing site
preparation (clearing and stripping), grading requirements (cut and fill design and construction),
pavement design, drainage (surface and subsurface), utility trench backfilling, design parameters for
foundations and retaining walls, soil stability, technical plan review, and field inspection procedures.
(2) With respect to any terrain on or within one hundred feet of a significant recognized landslide
deposit, an investigation by a certified engineering geologist including a detailed evaluation of the
natural slope conditions and recommendations for the treatment or correction of any unstable slopes.
Slope stability studies may require extensive subsurface work.
9
65
Exhibit A
(3) With respect to any area within one hundred feet of a recognized trace of the potentially
active Berrocal Fault, an investigation by a certified engineering geologist addressing the seismic
hazards related to the nearby trace, with particular emphasis on evaluation of possible surface
faulting. Investigative techniques will require subsurface trenching and possibly geophysical
traverses unless clear evidence is presented to show that no fault crosses the site of a habitable
structure.
(4) A slope stability analysis showing the building site and its immediately surrounding area
having a factor of safety against failure of at least 1.5 or equivalent, in the event of an earthquake on
the San Andreas Fault having a magnitude of 8.3 on the Richter scale.
(d) Inspection reports. The results of the geologic and soil investigations referred to in
subsections (b) and (c) of this Section shall be reviewed and approved by the City and shall become
conditions of approval of a development proposal. The soils engineer and the engineering geologist
may be required to submit reports during grading, during construction, and following completion of
the project. The final report shall affirm that the grading and foundation excavations were done
under the supervision of a soils engineer and/or engineering geologist, shall describe the as-built
condition of the project, and shall contain such other information as may be required by the City.
(e) Location of building sites.
(1) In locating building sites, preference shall be given to areas classified in the City's geologic
maps as Sbr, Sls, and Sun. and Sex. Sites on potentially moving slopes (Pmw, Ps, Pd, Paf and Pdf),
sites within the areas with fault rupture potential (Pf) and sites on moving slopes (Ms) shall not
be approved unless geologic and soil engineering analysis provided by the applicant demonstrates
long-term stability to the satisfaction of the City. The City's descriptions of the soil classifications,
filed in Appendix A to this Chapter, are incorporated herein by reference and constitute a part of this
Chapter. No tentative or final map, building site approval or building or grading permit shall
be granted for a property which includes land within an Md area unless it complies with all the
requirements described in Section 16-65.030. No build or grading permit shall be issued for
construction of any new building or structure, or addition to any existing building in any (Pf)
area unless it complies with all requirements described in Section 16-65.050.
(2) The average natural grade of the footprint underneath any dwelling unit, swimming pool or
other structure shall not exceed thirty percent slope, and no dwelling unit, swimming pool or other
structure shall be built on a slope which exceeds forty percent natural slope at any location under the
structure between two five-foot contour lines, except that: (i) 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
(ii) 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.
(f) Grading. The combined cut and fill of any grading shall not exceed one thousand cubic
yards, including any excavation for a swimming pool, unless a larger quantity is approved by the
Planning Commission upon making all of the following findings:
(1) The additional grading is necessary in order to allow reasonable development of the property
or to achieve a reasonable means of access to the building site; and
(2) The natural land forms and vegetation are being preserved and protected; and
10
66
Exhibit A
(3) The increased grading is necessary to promote the compatibility of the construction with the
natural terrain; and
(4) The increased grading is necessary to integrate an architectural design into the natural
topography; and
(5) The increased grading is necessary to reduce the prominence of the construction as viewed
from surrounding views or from distant community views.
(6) No building site shall be graded so as to create a flat visible pad surrounding the main
residential structure.
(g) Grade of private streets and driveways. Unless otherwise permitted by the Planning
Commission, no private street or driveway shall exceed a grade of eighteen percent for a distance in
excess of fifty feet.
15-20.050 - Development criteria.
No principal use shall be established, no main structure shall be erected or constructed and no
subdivision be approved in the R-OS district, nor shall any building or other permit be issued
therefor, unless and until the applicant has complied with the following development standards,
which standards shall be in addition to, and not in lieu of, any and all other development criteria and
requirements set forth in Chapters 14 and 16 of this Code:
(a) Site development plan. A site development plan has been prepared and approved by the
advisory agency in accord with Section 14-25.100 of the Subdivision Ordinance, and the physical
location of each use and structure is as set forth on such approved plan. In addition to the regulations
set forth in Section 14-25.100, the site development plan shall incorporate the following design
objectives:
(1) All roads, buildings and other structural improvements or land coverage shall be located,
sited and designed to fit the natural topography and shall minimize grading and modification of
existing land forms and natural characteristics.
(2) The planting and landscaping portion of said plan shall, insofar as is reasonably practical,
provide for the retention of existing vegetation and shall include an erosion and sediment control
element setting forth reasonable mitigation measures in accord with the excavating and grading and
subdivision regulations of the City.
(3) Grading shall be representative of adjacent topography and be an extension of natural
contours insofar as reasonably practical, and shall be designed to avoid or fully mitigate potential
erosion, flooding, geotechnical and other hazards.
(4) Water, sewer and other utility services, streets and other access routes shall be designed to
avoid any geologic or soils hazard and shall be specifically engineered to prevent the risk of failure
or collapse. Setbacks from hazard areas shall be in accord with the engineering geologic and
geotechnical engineering investigation report and recommendations.
(b) Engineering Geologic and Geotechnical Engineering reports. A preliminary engineering
geologic and geotechnical engineering investigation(s) and report(s) prepared by a certified
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Exhibit A
engineering geologist licensed by the State and by a registered geotechnical engineer or civil
engineer qualified in soils mechanics licensed by the State, shall be filed in conjunction with the site
development plan unless the City Engineer and Geotechnical Consultant determine that existing
information pertinent to the subdivision or site approval makes preliminary analysis or any part
thereof unnecessary. The geologic and geotechnical reports shall fully and clearly include:
(1) A description and discussion of engineering geologic conditions at the site, including natural
and artificial earth materials, structural lineations or discontinuities, surface and ground water
conditions, and all other pertinent conditions or characteristics of the site, with reference to surface
conditions and exposures, geomorphology, and graphical logs of subsurface excavations.
(2) An engineering geologic map of the site on a suitable topographic base, showing, as a
minimum: the distributions of geologic materials on the site based upon mapping of geomorphic
conditions and geologic exposures on and around the site; geologic features and potential hazards;
and the locations of all existing and intended improvements on the site.
(3) An evaluation of all geologic hazards and geotechnical constraints that affect, or potentially
could affect, the site relative to the existing or intended land use. This should include a clear
statement as to whether a hazard exists at the site which may lead to structural damage if not
corrected, an evaluation of the risk(s) each hazard poses, and the basis or reasoning for assigning
specific risks.
(4) A geotechnical (soil and foundation) engineering investigation addressing properties of earth
materials, site preparation (clearing and stripping), grading requirements (cut and fill design and
construction), pavement design, drainage (surface and subsurface), utility trench backfilling, design
parameters for foundations, retaining walls and swimming pools, slope stability, technical plan
review, and field inspection procedures.
(5) Recommendations for appropriate grading procedures, geotechnical design criteria and any
corrective measures deemed necessary to prevent or significantly mitigate potential damage to the
proposed project and to eliminate potential damage to adjacent properties and to otherwise insure
safe development of the property.
(6) Recommendations for additional investigations that should be made to insure safe
development of the property.
(c) Application acceptance. An application shall not be deemed complete until the City
Engineer grants geotechnical clearance.
(d) Additional studies required. The City shall also require the following additional studies
prior to approval of a site development plan or as deemed necessary by the City Engineer, unless the
City Engineer and the City Geotechnical Consultant determines that existing information pertinent to
the subdivision or the site approval provides the same data as would have been obtained from any or
all of such additional studies:
(1) With respect to any terrain that may be susceptible to impacts from existing or potential
instability, an investigation by a certified engineering geologist shall be required for all slopes
affecting future or existing development. This investigation shall include a detailed evaluation of the
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Exhibit A
natural slope conditions and recommendations for the treatment or correction of any potentially
unstable slopes. Slope stability studies may require extensive subsurface exploration and analysis.
(2) A slope stability analysis showing the proposed building footprint(s) and immediately
surrounding areas having an adequate factor of safety of at least 1.5 under static conditions against
failure in the event of the maximum expected earthquake on recognized faults, including but not
necessarily limited to the San Andreas, the Berrocal, the Monta Vista/Shannon or the Sargent faults.
(3) With respect to any area in the State's Special Studies zones or within two hundred feet of a
mapped or otherwise recognized trace of a potentially active earthquake fault, an investigation by a
certified engineering geologist addressing the seismic hazards related to the nearby trace, with
particular emphasis on evaluation of possible surface faulting and characterization of seismic ground
motion. Investigative techniques may require geologic and geomorphic mapping and analysis,
subsurface exploration, and possibly geophysical traverses to demonstrate that no fault exists within
fifty feet of a structure for human habitation. If deemed necessary by the City Geotechnical
Consultant, an area greater than two hundred feet from a possible fault trace may be subject to the
same investigative requirements and an increased setback of structures for human habitation from
faults, may be required.
(e) Inspection reports. The results and recommendations of the engineering geologic and
geotechnical engineering investigations referred to in subsections (b) and (d) of this Section shall be
reviewed and approved by the City Engineer and the City Geotechnical consultant and shall become
conditions of approval of a development proposal. The Geotechnical Engineer and the Engineering
Geologist may be required to submit reports during grading, during construction, and following
completion of the project. The final report(s) shall affirm that the grading and foundation
excavations were done under the supervision of an appropriate registered Geotechnical Engineer
and/or Engineering Geologist, shall describe the as-built conditions of the project, and shall contain
such other information as may be required by the City Engineer and City Geotechnical Consultant.
(f) Financial assurances. The applicant shall post security deposit or a bond of an amount
determined by the City Engineer as one measure to ensure the completion of all geological and
geotechnical reports and corrective work required as part of conditions of the project approval.
(g) Location of building sites.
(1) In locating building sites, preference shall be given to areas classified in the City's Ground
Movement Potential Maps as Sbr, Sls, and Sun. and Sex. Sites on potentially moving slopes (Pmw,
Ps, Pd, Paf and Pdf), sites within the areas with fault rupture potential (Pf) and sites on and
moving slopes (Ms) shall not be approved unless geologic and soil engineering analysis provided by
the applicant demonstrate long-term stability to the satisfaction of the City Engineer and the City
Geotechnical Consultant. No tentative or final map, building site approval or building or grading
permit shall be granted for a property which includes land within an Md or Mrf area unless it
complies with all the requirements described in Section 16-65.030. No building or grading permit
shall be issued for contruction of any new building or structure, or addition to any existing
building in any (Pf) area unless it complies with all requirements described in Section 16-
65.050.
(2) Corrective measures which are deemed necessary by the City Engineer and Geotechnical
Consultant shall be reviewed and approved by the Planning Commission subject to the following
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Exhibit A
findings: That the measures necessary to permit such development are (i) consistent with the
objectives of this zone district as set forth in Section 15-20.010; (ii) necessary to minimize risks from
geologic hazards; (iii) will not result in the removal of any protected tree, as described in Section 15-
50.050; (iv) will not result in irrevocable damage to the City's scenic resources; and (v) will produce
a benefit to the general public greater than the environmental impact of the corrective measures.
(3) The City may require an additional fee from the applicant to cover the expense of producing
ground movement potential maps of the geological study area in which the property is located,
including areas that may suffer potential ground movement as a result of the proposed development.
(4) The average natural grade of the footprint underneath any dwelling unit or other structure
shall not exceed thirty percent slope, except that a variance pursuant to Article 15-70 of this Chapter
may be granted.
(5) The average natural grade of the footprint underneath swimming pools shall not exceed
fifteen percent slope. No variances shall be granted for any swimming pool to be constructed.
(6) Location of building sites in relation to major and minor ridgelines shall comply with the
requirements set forth in Section 15-20.100 of this Article.
(7) Building sites including driveways and private and public streets, shall not be located within
one hundred fifty feet of the top of perennial or intermittent watercourse banks unless approved by
the City Engineer and Santa Clara Water District. Private sanitary sewer, leach fields or drainage
fields shall comply with the setback and other requirements of Santa Clara Health Department.
(h) Grading.
(1) Grading shall be limited to the minimum necessary for use of a site. Portions of a site
exceeding thirty percent slope shall not be graded without prior specific approval by the Planning
Commission. Grading shall be minimized in areas classified in the City's Ground Movement
Potential Maps as Ps or Pd. Any grading which would unreasonably affect the natural topography of
the area shall not be permitted.
(2) The combined cut and fill of any grading on a hillside lot shall not exceed 1,000 cubic yards,
including any excavation for a swimming pool, unless a larger quantity is approved by the Planning
Commission based on the finding that:
(a) The additional grading is necessary in order to allow reasonable development of the property
or to achieve a reasonable vehicular access to the proposed development.
(b) The natural land forms and vegetation are being protected.
(c) The increased grading is necessary to promote the compatibility of the construction with the
natural terrain.
(d) The increased grading is necessary to facilitate an architectural design which is integrated
into the natural topography.
(e) The increased grading is necessary to reduce the prominence of the construction as viewed
from surrounding views or from distant community views.
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Exhibit A
(3) Corrective grading for existing or proposed developments may be permitted with prior
specific approval by the Planning Commission based upon findings that the corrective grading: (i) is
consistent with the objectives of this zone district as set forth in Section 15-20.010; (ii) is necessary
to minimize risks from geologic hazards; and (iii) will not result in irrevocable damage to the City's
scenic resources; and (iv) will produce a benefit to the general public greater than the environmental
impact of the corrective grading; and (v) will not result in the removal of any of protected tree, as
described in Section 15-50.050
(4) Grading and other site improvements under and around structures shall be designed to
minimize visual impact as viewed from other properties.
(5) Cut or fill slopes shall not exceed three horizontal to one vertical.
(i) Grade of private streets and driveways. The design of all private streets and driveways
shall be subject to the approval of the Fire Marshall and the City Engineer. Any private street or
driveway which exceeds a grade of eighteen percent for a distance in excess of fifty feet, shall also
require approval by the Planning Commission upon all of the following findings that the: (i)
construction of the driveway will prevent damage from geologic hazard, (ii) will minimize grading
and visual impact and (iii) will result in preservation of natural vegetation and prevent destruction of
wildlife habitat.
(j) Landscaping. In the selection of new landscaping, preference shall be given to natural,
indigenous and drought resistant plants and materials in accordance with City Xeriscape Standards.
Nonindigenous landscaping shall be limited to the immediate area around the house. The total of
non-native landscaped area including the allowable impervious coverage shall not exceed twelve
thousand square feet. The impervious coverage shall be determined subject to limitations set forth in
Section 15-20.080 of this Article. The remaining portion of the site shall be preserved in a natural
and undisturbed state except for necessary clearing for the purpose of prevention of fire hazard as
required by the City Code Article 7-15. Removal of existing native trees shall be subject to the
regulations provided in Article 15-50 of the City Code and shall be replaced by same or similar
species as required by the City Arborist.
(k) Open space dedications. At least thirty percent of the gross site area of a subdivision, of a
new home or of an addition, or combination of successive additions over the life of the structure,
resulting in an increase of 50% or greater to the floor area of an existing home, shall be dedicated in
fee to the City of Saratoga at the time of recordation of the final map or building permit whichever
comes first. The location of said open space shall be subject to the review and the approval of the
Planning Commission. A written agreement describing the open space area shall be executed
between the property owner and the City and recorded in the office of the County Recorder. Such
agreement shall set forth the restrictions and allowable uses for the open space area, as determined
by the Planning Commission. The allowable uses shall be consistent with and promote the purposes
of Section 15-20.010 of the City Code
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Exhibit A
10. Changes to the Side Setback Requirements for Lots in the Hillside Residential Zoning District to
be consistent with other sections of the City Code.
15-13.090 - Front, side, and rear setback areas.
(a) The minimum setback area requirements for all lots within the HR zoning district, with
the exception of vacant lots and lots created after May 15, 1992, are as follows:
(1) Front setback area. The minimum front setback area shall be thirty feet.
(2) Side setback area. The minimum interior side setback area shall be twenty feet and the
minimum exterior side setback shall be twenty five feet.
(3) Rear setback area. The minimum rear setback area shall be fifty feet in the case of a
single-story structure and sixty feet in the case of a multi-story structure.
(b) For vacant lots and lots created after May 15, 1992, the minimum setback area
requirements are as follows:
(1) Front setback area. The minimum front setback area shall be thirty feet or twenty
percent of the lot depth, whichever is greater.
(2) Side setback area. The minimum side setback area shall be twenty feet in the case of an
interior side setback area and twenty-five feet in the case of an exterior side setback area, or ten
percent of the lot width, whichever is greater.
(3) Rear setback area. The minimum rear setback area shall be fifty feet in the case of a
single-story structure and sixty feet in the case of a multi-story structure, or twenty-five percent
of the lot depth, whichever is greater.
(c) For the purpose of this Article, "vacant lot" means a parcel with no existing single-family
dwelling.
(d) Determination of yards for flag lots. On a flag lot with an average width that exceeds
its average depth, the longer dimension may be considered the depth for the purpose of
measuring the front, side and rear setback area, unless to do so would adversely affect the lot's
normal yard orientation in relation to adjacent lots.
11. Temporary Special Event Signs
15-30.060 Signs allowed in any zoning district without a sign permit.
The following signs are allowed without a sign permit in any zoning district in the City:
(a) Flags, provided that they display only noncommercial messages. The aggregate area of all
flags displayed on any lot shall not exceed thirty square feet. No flagpole shall be higher than
twenty-five feet.
(b) Hand-held signs displaying noncommercial messages.
(c) Window signs, provided that the signs do not comprise more than twenty-five percent of the
area of any individual window.
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Exhibit A
(d) Temporary special event signs, included with as approved under a special event permit
issued per City Code Article 10-10. There shall be no more than eight temporary signs per event and
no individual sign shall exceed ten feet in height and sixty square feet in area.
(e) Temporary noncommercial signs (including, but not limited to, election signs), provided that:
(1) No sign shall be displayed for more than seventy-five cumulative days within a one-year
period.
(2) No sign shall exceed four square feet in area and four feet in height.
(3) The sign shall not be illuminated.
(4) No sign shall be thicker than one-half inch, except for support posts firmly planted in the
ground.
(5) A temporary, noncommercial sign located on private property may incorporate balloons,
ribbons, streamers, or other attention-getting devices, provided these devices are not displayed for
more than twenty-four consecutive hours at a time, nor more than six twenty-four-hour periods in
any one year.
(6) No signs shall be located on private property without the permission of the property owner.
(7) No sign shall be located on any median, street, travel lane or on any sidewalk where it
impedes pedestrian travel.
(f) Temporary signs on lots with active construction. In addition to the temporary,
noncommercial signs allowed pursuant to subsection 15-30.060(e), up to two temporary,
nonilluminated on-site or noncommercial signs on any active construction site, provided that:
(1) The sign shall be located on the same lot as the construction project.
(2) One sign may be freestanding, but in such case shall not exceed six feet in height.
(3) One sign may be located on a construction fence.
(4) No sign shall exceed fifteen square feet in area.
(g) Banners on light poles erected or cosponsored by a governmental entity.
(h) Traffic control signs and devices erected by a government entity. Lots with a parking area
exceeding ten spaces may have up to four signs for every ten parking spaces, where each sign shall
not exceed two square feet in area and four feet in height.
(i) Utility location signs, utility identification signs, and utility markers erected by a
governmental entity.
(j) City entrance signs. One permanent sign adjacent to an arterial street at each entrance to the
City. The total sign area of each sign shall not exceed fifty square feet.
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Exhibit A
12. Parking requirements for Health/Fitness Center and Modifications to the parking ratio for
Multi-family dwellings per Policy Action 4-19 of the 2007-2014 Housing Element.
15-35.030 - Schedule of off-street parking spaces.
Off-street parking spaces shall be provided in accordance with the following schedule:
Use Spaces Required
(a) Single-family dwelling,
excluding second dwelling units
Two covered spaces within a garage.
(b) Second dwelling unit One covered space within a garage, except as otherwise provided
in Article 15-56
(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; provided, however, for dwelling units containing no more
than one bedroom and for housing developments occupied
exclusively by seniors and students, the required parking shall be
one covered space within a garage for each dwelling unit plus
one-half additional space on the site for each dwelling unit.
(d) Hotels and motels One space for each guestroom or for each two beds, whichever is
greater.
(e) Bed and breakfast
establishments
One space for each bedroom to be rented, in addition to the
spaces required for the single-family dwelling.
(f) Schools and day care facilities One space for each employee, including teachers and
administrators, plus such additional spaces as determined by the
Planning Commission to be adequate for student and visitor
parking.
(g) Community facilities and
institutional facilities not otherwise
described in this Section
One space for each employee and such additional number of
spaces as may be prescribed by the Planning Commission.
(h) Places of public assembly,
including religious institutions,
theatres, lodge halls, auditoriums
and mortuaries
One space for each four seats or one space for each forty square
feet of floor area usable for seating if seats are not fixed, plus
one space for each two employees.
(i) Clubs, including country clubs,
recreation clubs, swimming clubs
and tennis clubs
One space for each membership, one space for each employee,
and such additional spaces as may be prescribed by the Planning
Commission.
(j) Health/fitness centers One space for each 150 square feet of gross floor area
(j) (k) Nursing homes One space for each three beds, one space for each two doctors
providing medical services on a regular basis, and one space for
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Exhibit A
each two employees.
(k) (l) Professional and
administrative offices
One space for each two hundred square feet of floor area.
(l) (m) Medical offices and clinics One space for each two hundred square feet of floor area.
(m) (n)Intensive retail
establishments
One space for each two hundred square feet of floor area.
(n) (o) Extensive retail
establishments
One space for each five hundred square feet of floor area.
(o) (p) Service establishments and
financial institutions
One space for each two hundred square feet of floor area.
(p) (q) Restaurants One space for each seventy-five square feet of floor area. In
addition, if the restaurant has outdoor dining, one space for each
seventy-five square feet of outdoor dining area shall also be
provided.
(q) (r) Warehouses, storage
buildings and storage facilities
combined with commercial uses
One space for each one thousand square feet of floor area.
(r) (s) Commercial uses conducted
primarily outside of buildings,
public buildings and grounds other
than offices, and public utility
structures and facilities
One space for each employee, and such additional spaces as may
be prescribed by the Planning Commission.
13. Administrative Design Review of Major Additions
15-45.065 Administrative design review.
(a) In each of the following cases, no building permit shall be issued for the construction,
reconstruction, replacement or significant expansion of a single-family structure or structure in
any A, R-1, HR, or R-OS district until such structure has received administrative design review
approval by the Community Development Director, pursuant to this Article:
Pursuant to this Article, the following projects shall receive administrative design
review approval by the Community Development Director prior to issuance of a
building permit in any A, R-1, HR, or R-OS district:
(1) New single-story residences and accessory structures greater than two hundred fifty square
feet in floor area.
(2) Major additions in size, defined as:
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Exhibit A
a. Any work that would expand the floor area The expansion or reconstruction of, fifty
percent or more of an existing main or accessory structure by more than fifty percent.
b. Any work that would expand the floor area of an existing main or accessory structure A
one hundred square feet or greater addition to or reconstruction of by one hundred square feet or
more of the second story of a main or accessory structure.
c. Any work that would modify the existing footprint by more than fifty percent The
removal, replacement, or reconstruction of fifty percent or more of the existing structural elements or
members of the exterior walls which define the exterior boundary of a main structure or an accessory
structure.
(3) Addition of a basement to an existing structure and enlargement of basements.
(b) The application for administrative design review approval shall comply with Section 15-
45.070. The Community Development Director shall not grant design review approval unless the
findings set forth in Section 15-45.080 have been made.
(c) If the Community Development Director intends to approve the application, a "Notice of
Intent to Approve" will be mailed to all property owners within two hundred fifty feet of the subject
property and to others as deemed appropriate. All interested parties will have fifteen calendar days
from the date of the "Notice of Intent to Approve" in which to review the application and provide
written comments to the Community Development Director. The Community Development Director
shall approve or deny the application within fifteen days of the close of the review period and shall
mail notice of the decision to the applicant and to any party that has requested a copy of such notice.
The Community Development Director's decision is appealable to the Planning Commission within
fifteen calendar days of the Director's decision to approve the application. The Planning Commission
at a public hearing will review any appeal. Notwithstanding, Section 15-45.110 or Section 15-
90.020, the decision of the Planning Commission on the appeal shall be final and not subject to
appeal to the City Council.
(d) If the application is not approved by the Community Development Director, then the
applicant may file an appeal within fifteen calendar days of the Community Development Director's
decision or deadline to render a decision and have the application heard by the Planning Commission
at a de novo public hearing.
14. Decreasing the minimum setback requiring the preparation of a Boundary Survey and
clarifying when cross sections are required.
15-45.070 - Application requirements
(a) Applications for administrative design review approval and design review approval shall be
filed with the Community Development Director on such forms as the Director shall prescribe. An
application shall include the following exhibits:
(1) Site plan showing (i) property lines, (ii) easements and their dimensions, (iii) underground
utilities and their dimensions, (iv) structure setbacks, (v) building envelope, (vi) topography, (vii)
species, trunk diameter at breast height (DBH as defined in Section 15-50.020(g)), canopy driplines,
and locations of all heritage trees (as defined in Section 15-50.020(l), trees measuring at least ten
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Exhibit A
inches DBH, and all native trees measuring at least six inches DBH on the property and within one
hundred fifty feet of the property, (viii) areas of dense vegetation and (ix) riparian corridors.
(2) Any application that proposes new construction three two feet or closer to a required setback
area shall include a boundary survey signed by a licensed land surveyor or registered civil engineer
qualified to do property line surveys. Such surveys shall verify the location of all existing property
lines, easements, structures and protected trees, as defined in Section 15-50.020(q).
(3) A statement of energy conserving features proposed for the project. Such features may
include, but are not limited to, use of solar panels for domestic hot water or space heating, passive
solar building design, insulation beyond that required under State law, insulated windows, or solar
shading devices. Upon request, the applicant shall submit a solar shade study if determined
necessary by the Community Development Director.
(4) Elevations of the proposed structures showing exterior materials, roof materials and window
treatment.
(5) Cross Site sections for all projects located on a hillside lot, together with an aerial
photograph of the site if requested by the Community Development Director.
(6) Engineered grading and drainage plans, including cross sections. if the structure if the
structure is to be constructed on a hillside lot.
(7) Floor plans that indicate total floor area, determined in accordance with Section 15-06.280 of
this Chapter.
(8) Roof plans.
(9) Landscape and irrigation plans for the site, showing the location of existing trees proposed to
be retained on the site, the location of any proposed replacement trees, the location and design of
landscaped areas, types and quantities of landscape materials and irrigation systems, appropriate use
of native plants and water conserving materials and irrigation systems and all other landscape
features.
(10) Tree Preservation Plan, as required in Section 15-50.140.
(11) Preliminary title report showing all parties having any interest in the property and any
easements, encumbrances and restrictions, which benefit or burden the property.
(12) Such additional exhibits or information as may be required by the Community Development
Director. All exhibits shall be drawn to scale, dated and signed by the person preparing the exhibit.
Copies of all plans to be submitted shall consist of two sets drawn on sheets eighteen inches by
twenty-eight inches in size and fifteen reduced sets on sheets eleven inches by seventeen inches in
size.
(13) A geotechnical clearance as defined in Section 15-06.325 of this Code, if required by the
City Engineer.
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Exhibit A
(14) Such additional exhibits or information as may be required by the Community Development
Director to demonstrate compliance with Article 16-47, Green Building Regulations of the Saratoga
City Code.
(b) An application shall be accompanied by the payment of a processing fee, in such amount as
established from time to time by resolution of the City Council.
15. Timing and certification letter for the installation of story poles
15-45.075 - Requirement for story poles.
Story poles are required as set forth below in order to depict the elevations and silhouettes of a
proposed new building or an addition to an existing building requiring design review approval.
(a) Definition and requirement. Story poles are temporary frames delineating the height and
general area of a proposed structure. Story poles must be installed in the manner set forth below if
the project is subject to design review approval.
(b) Timing. The applicant shall install the story poles when notified to do so by the Community
Development Department or designated representative at least three working days Generally, this
will be two weeks prior to advertising the public hearing for the project (or in the case of
administrative design review at least three working days two weeks prior to issuance of the
"Notice of Intent to Approve"). Neither the notice of public hearing nor the "Notice of Intent to
Approve" (as applicable) for the project will be mailed until the story poles are installed to the
satisfaction of the Community Development Director and photographs of the installed and approved
story poles are filed with the Community Development Department.
(c) Requirements. The applicant's surveyor or civil engineer shall determine the perimeter
points and elevations of the story poles based on the plans to be considered by the approving body.
For projects twenty-four feet or taller in height or if requested by the Community
Development Director or designated representative , A a letter signed by the project surveyor or
civil engineer certifying the accuracy of the story poles shall be submitted before notice of the public
hearing or the "Notice of Intent to Approve" (as applicable) on the project is mailed. Story poles
shall be constructed of rigid materials which accurately outline the height and general area
(including the proposed ridgelines) for the new structure and/or addition. To delineate the area of
large or complex structures staff may require the addition of netting or other appurtenances. All
perimeter walls shall be delineated on the ground.
(d) Duration. The story poles shall not be removed until a decision on the project has been
made by the approving body and no appeal has been filed. If the decision by the approving body is
appealed, the story poles shall remain in place until a final decision that is not subject to appeal has
been made. The story poles are required to be removed within fifteen calendar days after a final
action has been taken and all appeal periods have expired. If a project application is issued a
continuance for an extended period of time, the Community Development Director may require the
story poles to be removed and reinstalled not less than fifteen days prior to the next public hearing
on the project.
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Exhibit A
16. Replacement of Destroyed Nonconforming Structures
15-45.100 - Replacement of destroyed structures.
In the event an existing single-family dwelling having a floor area in excess of the standards set
forth in Section 15-45.030 of this Article or setbacks which are less than required under this Chapter,
is damaged or destroyed as a result of fire, act of God or other calamity (except for landslide,
earthquake, earth movement, soil instability or flood), the structure may be replaced with a new
structure having a maximum floor area no greater than the original structure and setbacks no less
than the original structure. If design review approval is required for the proposed replacement
structure, the provisions of this Section shall be applied in lieu of the standards set forth in Sections
15-45.030 and the setback requirements of this Chapter. In all other respects, the replacement
structure shall comply with the regulations of this Chapter, including the regulations pertaining to
structure height and impervious cover.
17. Limitation on the number of woodburning fireplaces per lot
15-48.030 - Limitations.
(a) Only one wood-burning fireplaces per structure (e.g., main residence, guest house) lot or per
multi-family dwelling unit (in multiple-family projects) may be installed in any new construction.
All fireplaces in excess of one installed in new construction shall be gas-fired fireplaces(natural or
propane) with dedicated gas jets, direct venting, convection chambers, heat exchanger, variable heat
output and flame control, and permanently affixed artificial logs. Excluded are existing fireplaces,
regardless of how many exist.
(b) It is unlawful to burn garbage, plastics, rubber, paints, solvents, oil, treated wood products,
particle board, glossy or treated paper, coal, or any other material that produces noxious or toxic
emissions when burned in a wood-burning fireplace.
18. Tree Removals and Solar Panels
15-50.080 - Determination on permit.
(a) Criteria. Each application for a tree removal pruning or encroachment permit shall be
reviewed and determined on the basis of the following criteria:
(1) The condition of the tree with respect to disease, imminent danger of falling, proximity to
existing or proposed structures and interference with utility services, and whether the tree is a Dead
tree or a Fallen tree.
(2) The necessity to remove the tree because of physical damage or threatened damage to
improvements or impervious surfaces on the property.
(3) The topography of the land and the effect of the tree removal upon erosion, soil retention and
the diversion or increased flow of surface waters, particularly on steep slopes.
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Exhibit A
(4) The number, species, size and location of existing trees in the area and the effect the removal
would have upon shade, privacy impact, scenic beauty, property values, erosion control, and the
general welfare of residents in the area.
(5)The age and number of healthy trees the property is able to support according to good forestry
practices.
(6)Whether or not there are any alternatives that would allow for retaining or not encroaching on
the protected tree.
(7) Whether the approval of the request would be contrary to or in conflict with the general
purpose and intent of this Article.
(8) Any other information relevant to the public health, safety, or general welfare and the
purposes of this ordinance as set forth in section 15-50.010
(9) The necessity to remove the tree for economic or other enjoyment of the property when there
is no other feasible alternative to the removal.
(10) The necessity to remove the tree for installation and efficient operation of solar panels,
subject to the requirements that the tree(s) to be removed shall not be removed until solar
panels have been installed and replacement trees planted in conformance with City Arborist
recommendation.
(b) Additional recommendations. The Community Development Director may refer the
application to another department, commission or person for a report and recommendation. The
Director may also require the applicant to furnish a written report from an ISA Certified Arborist
acceptable to the Director, such report to be obtained at the sole expense of the applicant. At the
discretion of the Community Development Director, City Arborist review may be required before
any tree removal, pruning or encroachment permit is issued or before approval of a project involving
the removal of, pruning of or encroachment upon one or more protected trees is granted. City
Arborist review shall also be at the sole expense of the applicant.
(c) Decision by Director. The Community Development Director shall render his or her
decision within thirty days after the filing of the application for a permit. The Director may grant
or deny the application or grant the same with conditions, including, but not limited to, (1) the
condition that one or more replacement trees be planted of a species and size and at locations as
designated by the Director, (2) relocation of existing tree desired to be removed, and/or (3)
payment of a fee or the posting of a bond or security deposit in favor of the City to the Tree
Fund. Any such tree replacement, relocation, fee payment, or bonding or security deposit shall be
at the sole expense of the applicant.
(d) Security deposits and maintenance bonds. In the case of an application for, or a project
involving encroachment on one or more protected trees, the applicant shall post a security
deposit with the City in an amount equal to one hundred percent of the ISA valuation of the trees
involved. The City may also require posting of a maintenance bond or security deposit of at least
five years designed to ensure long term maintenance of the affected or replacement trees.
Security deposits or maintenance bonds required for protected trees or replacement trees in
public or private development may, in the reasonable discretion of the Community Development
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Exhibit A
Director, be refunded upon a determination that the project is in compliance with the City
Arborist's requirements and/or Tree Preservation Plan. In the case of violations of this Article or
where replacement, restitution, or other remedy required pursuant to Section 15-50.170 cannot
be made on the project site, then such payments shall be made from the deposit or bond being
held before any refund is made.
19. Repair or Alteration of Nonconforming Structures
15-65.020 - Definitions.
The following definitions apply throughout this Article, unless the context or the provision
clearly requires otherwise:
(a) Construction Cost Valuation means the estimated cost to rebuild a structure (at the time
work is proposed to be performed on the structure) as determined by the Community Development
Director (using the Building Official's current multiplier for calculating the per-square-foot valuation
of new construction).
(b) Expenditure means the estimated cost valuation, as determined by the Community
Development Director (using the Building Official's current multiplier for calculating the per-square-
foot valuation of new construction), of work to be performed in connection with any nonconforming
use or structure. In making this determination the Director shall confirm that the portions of the
structure which the plans show as not to be repaired or altered are in fact structurally sound and that
it will not be necessary to repair or alter such portions of the structure during construction. The
Director may require that a termite inspector, registered engineer or other professional(s) satisfactory
to the Director be retained at the applicant's expense to make certifications in this regard.
(c) Maintenance means routine, recurring, and usual activities for the preservation, protection,
and keeping of a structure for its intended purposes in a safe and continually usable condition for
which it was designed. Repainting or reroofing (in kind) of a structure is an example of maintenance.
(d) Major Repair or Alteration means any work that is estimated to result in expenditure
(cumulatively), after October 16, 2009, of greater than twenty percent and not exceeding fifty
percent of the estimated construction cost valuation of the structure that is the subject of the work.
(e) Minor Repair or Alteration. means any work that is estimated to result in the expenditure
(cumulatively), after October 16, 2009, of twenty percent or less of the estimated construction cost
valuation of the structure that is subject of the work.
(f) Nonconforming Structure. means a structure lawfully existing on the effective date of a
change in a development standard established by this Code and continuing since that date in
nonconformance to the development standard. The use of this term in this Article shall refer only to
a legal nonconforming structure. A structure that was not originally constructed in conformance with
regulations applicable at the time is not a legal structure.
(g) Nonconforming Use means a use lawfully existing on the effective date of a change in a use
restriction and continuing since that date in nonconformance to the use restriction. Site and structural
dimensions are not considered use restrictions and are instead development standards applicable to
25
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Exhibit A
structures. The following pre-existing uses shall constitute a nonconforming use subject to the
provisions of this Article unless a conditional use permit is subsequently granted for such use:
(1) A use established prior to any City regulation requiring a conditional use permit for such use,
but which by virtue of later-adopted City regulation(s) becomes a use allowed only upon the granting
of a conditional use permit; and
(2) A use being conducted under a valid conditional use permit, but which by virtue of later-
adopted City regulation(s) becomes a use no longer allowed to continue.
The use of this term in this Article shall refer only to a legal nonconforming use. A use that was
not originally commenced in conformance with regulations applicable at the time is not a legal use.
(h) Reconstruction means either of the following:
(1) Any work that would expand the floor area by more than 50 percent or modify the
footprint by more than fifty percent; is estimated to result in expenditure cumulatively, after
October 16, 2009, of greater than fifty percent of the estimated construction cost of the structure that
is the subject of the work; or
(2) Moving a nonconforming structure or a structure being used for a nonconforming use to any
other location on the parcel or adjoining parcels (whether the structure movement is in whole or in
part).
(i) Statement of Acknowledgment of Legal Nonconforming Status means a document in
form and content approved by the Community Development Director and recorded in the office of
the County Recorder documenting that a use or structure on the subject property is nonconforming,
but legal pursuant to the terms of this Article.
(j) Work means any work, whether structural or nonstructural, that is done to a structure
including repair, alteration and reconstruction, but excluding maintenance and the replacement of the
interior or exterior wall coverings, fixtures, or windows or doors (without altering their respective
openings).
26
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Exhibit A
15-65.025 Summary table of thresholds.
The table below outlines defining thresholds for maintenance, minor vs. major repairs and
alterations, voluntary vs. involuntary reconstruction, and applicable standards for such activities.
Type of
Work
Maintenance Minor Repairs
and Alterations
Major Repairs and
Alterations
Voluntary
Reconstruction
Involuntary
Reconstruction
Description
Routine and
recurring
activity for the
preservation
and protection
of a structure.
Repainting or
reroofing (in
kind) is an
example
Work that is
estimated to
result in the
expenditure
(cumulatively) of
20% or less of
the estimated
construction cost
valuation of the
entire structure
Work that is
estimated to result
in the expenditure
(cumulatively) of
greater than 20%
and not exceeding
50% of the
estimated
construction cost
valuation of the
entire structure
Reconstruction of
any nonconforming
structure that
would expand the
floor area by more
than 50% or
modify the
footprint by more
than 50%.
exceeding 50% of
the construction
cost of the entire
structure
Reconstruction of an
involuntary damaged
nonconforming structure
to its previous
configuration.which is
involuntarily damaged not
exceeding 75 percent of
the construction cost of
the entire structure
Applicable
Standards
Routine
maintenance is
not subject to
cumulative
limits
Permitted subject
to required
permits and
specified
standards
Permitted subject
to Planning
Commission
review and
findings
Reconstruction
exceeding 50% is
not permitted and
the structure must
conform to all
applicable
standards
Permitted up to 100% of
its previous configuration
subject to Planning
Commission
determination provided
that reconstruction does
not exceed the
structure’s predamaged
first and second story
footprint and result in a
health and/or safety
hazard
The text of this Article takes precedence over this Summary Table for purposes of interpreting
this Article.
15-65.030 Continuation in general; regulations applicable to nonconforming uses or
structures.
(a) Nonconforming uses and structures may be continued only in conformity with the provisions
of this Article. The owner of property on which a nonconforming use or structure is claimed shall
have the burden of proof in establishing to the satisfaction of the Community Development Director
the nonconforming status claimed. The Community Development Director may charge a fee, as
established in the City Fee Schedule, for the review of evidence submitted to meet the owner's
burden of proof. A use or structure that is not in conformity with the provisions of this Chapter, or
that is not a legal nonconforming use or structure in accordance with this Article, shall constitute a
violation of this Code and shall not be continued.
(b) The following regulations apply to each nonconforming use or structure:
(1) All new construction allowed to occur with respect to a nonconforming use or structure shall
comply with current requirements of Chapter 16 of this Code.
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Exhibit A
(2) Repair, alteration or reconstruction otherwise required by this Code or applicable law, and
not otherwise prohibited by the rights or regulations of any other governmental agency having
jurisdiction, shall be allowed in the following circumstances and shall not be considered in
calculating any estimated construction cost valuation:
(i) Repair, alteration, or reconstruction required to retrofit unreinforced masonry structures or
otherwise required to comply with earthquake safety standards established in Chapter 16 of this
Code, provided the retrofitting or other work is limited exclusively to compliance with earthquake
safety standards;
(ii) Repair, alteration, or reconstruction required to elevate a habitable structure in a floodplain,
provided the elevation work is limited exclusively to compliance with flood prevention standards;
(iii) Repair, alteration, or reconstruction required to comply with required energy efficiency
standards established in Chapter 16 of this Code, provided the work is limited exclusively to
compliance with those standards; and
(iv) Repair, alteration, or reconstruction which is limited exclusively to compliance with the
Americans with Disabilities Act (ADA) or Chapters 11A and 11B of the State Building Code set
forth in Volume II of Title 24 of the California Code of Regulations.
(3) Any building permit or use permit or other approval issued pursuant to this Code for minor
or major repairs or alterations, reconstruction, or change, expansion or intensification of a legal
nonconforming use or structure shall include a condition requiring recordation of a Statement of
Acknowledgment of Legal Nonconforming Status.
(4) No otherwise legal existing use or structure shall be deemed to be a nonconforming use
solely because of the lack of the required number of off-street parking facilities. However, any
otherwise permitted intensification of a use or structure must comply with current parking standards.
15-65.065 Reconstruction.
Reconstruction of any nonconforming structure exceeding fifty percent of the construction cost
valuation of the entire structure must conform to all standards in this Chapter unless the structure is
subject to Section 15-65.070 of this Code.
20. Nonconforming Structures destroyed by natural disasters such as fire.
15-65.070 Reconstruction following involuntary damage to or destruction of nonconforming
structure.
(a) Reconstruction to previous configuration. A nonconforming structure which is
involuntarily damaged or destroyed by fire, flood, earthquake, vandalism or other catastrophic event
not exceeding seventy-five percent of the construction cost thereof may be reconstructed up to its
previous configuration (as to both horizontal and vertical building envelope) so long as such
reconstruction provided that the reconstruction does not exceed the structure's predamaged
first and second story footprint, and does not restore, create or result in a health and/or safety
hazard. If the damaged or destroyed structure qualifies as a heritage resource as defined in Chapter
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Exhibit A
13, it may be reconstructed, in compliance with Chapter 13 and this subsection, in a manner that
reproduces the design of the predamaged structure to the maximum extent feasible, even if damaged
or destroyed up to one hundred percent of the construction cost thereof.
(b) Reconstruction of multi-family dwellings subject to Government Code section
65852.25. When a nonconforming multi-family dwelling is involuntarily damaged or destroyed by
fire, flood, earthquake, vandalism or other catastrophic event and the structure is subject to
Government Code section 65852.25 (or any successor thereto) it may be reconstructed so long as the
City Council has not made findings in accordance with that section to prohibit the reconstruction
provided that the reconstruction does not exceed the structure's predamaged size and number of
dwelling units and otherwise conforms with that section.
(c) Residential structure in commercial zoning district. When the structure is at least in part a
residential structure in a commercial district it may be reconstructed provided that the reconstruction:
(1) Does not exceed the structure's predamaged size and number of dwelling units; and
(2) Maintains the same amount of floor area devoted to residential use as the predamaged
structure; and
(3) Reproduces the design of the predamaged structure to the maximum extent feasible or is of a
revised design approved pursuant to then current design review standards and procedures.
(d) Compliance with other regulations. Except as otherwise provided in this Section with
regard to reconstruction of all or a portion of a structure to its previous nonconforming condition, all
reconstruction shall be subject to all applicable laws, regulations and procedures otherwise
governing construction on the site at the time such reconstruction is undertaken.
(e) Time to commence reconstruction. The reconstruction work authorized by this Section
shall be commenced within two years from the date of damage or destruction (unless, prior to the
expiration of that two-year period, the deadline to commence reconstruction is extended by the
Community Development Director for up to another two years) and be prosecuted diligently to
completion.
21. Clarify Setbacks for pool equipment and removing the reference for Planning Commission
Review of Emergency and Stand-by Generators.
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:
(a) Stables and corrals. Subject to approval by the Community Development Director, no
stable or corral, whether private or community, shall be located closer than fifty feet from any
property line of the site, or closer than fifty feet from any dwelling unit or swimming pool on the
site. In the HR district, no stable or corral shall be located closer than fifty feet from any stream and
the natural grade of a corral shall not exceed an average slope of fifteen percent.
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85
Exhibit A
(b) Swimming pools. Subject to approval by the Community Development Director, no
swimming pool or accessory mechanical equipment shall be located in a required front, side or rear
setback area, except as follows:
(1) A swimming pool and accessory mechanical equipment may be located within a required
rear setback area, but the water line of the swimming pool may be no closer than six feet from any
property line. Any portion of such swimming pool that is located outside of the rear setback area
shall comply with the side setback area requirements for the site.
(2) If the required minimum interior side setback area is more than ten feet, accessory
mechanical equipment may be located within such side setback area, but no closer than ten feet from
the side lot line.
(c) Recreational courts. Subject to approval by the Community Development Director,
recreational courts may be allowed, provided that such recreational courts shall comply with all of
the following restrictions, standards and requirements:
(1) The recreational court shall not exceed seven thousand two hundred square feet in area.
(2) The recreational court shall not be illuminated by exterior lighting.
(3) No direct opaque screening shall be utilized around any portion of the recreational court.
(4) No fencing for a recreational court shall exceed ten feet in height.
(5) No recreational court shall be located in a required front or side setback area. Such courts
may be located within a required rear setback area, but no closer than fifteen feet from any property
line.
(6) The natural grade of the area to be covered by the recreational court shall not exceed an
average slope of ten percent, unless a variance is granted pursuant to Article 15-70 of this Chapter.
(7) The recreational court shall be landscaped, in accordance with a landscape plan approved by
the Community Development Director, so as to create a complete landscaping buffer from adjoining
properties within two years from installation. In addition, a bond, letter of credit or other security, in
such amount as determined by the Community Development Director, shall be furnished to the City
to guaranty the installation of the landscaping improvements in accordance with the approved
landscaping plan.
(8) The recreational court shall be designed and located to minimize adverse impacts upon trees,
natural vegetation and topographical features and to avoid damage as a result of drainage, erosion or
earth movement.
(9) The recreational court shall be designed to preserve the open space qualities of hillsides,
creeks, public paths, trails and rights-of-way on or in the vicinity of the site.
(d) Enclosed accessory structures. No enclosed accessory structures shall be located in any
required setback area of any lot, except as follows:
(1) Upon the granting of a use permit by the Planning Commission pursuant to Article 15-55,
cabanas, garages, carports, recreation rooms, hobby shops and other similar structures may be
30
86
Exhibit A
located no closer than six feet from a side property line and rear property line of the rear setback area
and shall not exceed eight feet in height, plus one additional foot in height for each three feet of
setback from the rear property line in excess of six feet, up to a maximum height of ten feet if the
structure is still located within the required rear setback area.
(2) Subject to approval by the Community Development Director, garden sheds, structures for
housing swimming pool equipment and other enclosed structures of a similar nature, not exceeding
two hundred fifty square feet in floor area, may be located no closer than six feet from a side
property line and rear property line of the rear setback area and shall not exceed six feet in height,
plus one additional foot in height for each additional foot of setback from the rear property line in
excess of six feet, up to a maximum height of ten feet if the structure is still located within the
required rear setback area. This subsection shall not apply to any structure intended or used for the
keeping of animals.
(e) Unenclosed garden structures. Subject to approval by the Community Development
Director, unenclosed garden, ornamental and decorative structures such as gazebos, lattice work,
arbors and fountains, freestanding fireplaces and play structures may be located no closer than six
feet from a side or rear property line and shall not exceed eight feet in height, plus one additional
foot in height for each additional foot of setback from the side and rear property line in excess of six
feet, up to a maximum height of ten feet if the structure is still located within a required side or rear
setback area.
(f) Solar panels. Solar energy systems do not require any discretionary approval unless the
Building Official has a good faith belief that the solar energy system could have a specific, adverse
impact upon the public health and safety, in which case a solar energy system use permit is required.
Applications for such permits shall be acted upon by the Community Development Director in
accordance with California Health and Safety Code 17959.1.
(g) Outdoor cooking devices. Subject to approval by the Community Development Director,
permanent outdoor cooking devices, such as those constructed out of brick or masonry, may be
located no closer than six feet from the rear property line and shall not exceed eight feet in height.
(h) Accessory structures in R-M district. Notwithstanding any other provisions of this Section
and subject to approval by the Community Development Director, accessory structures not
exceeding fourteen feet in height may be located in a required rear setback area in any R-M district,
provided that not more than fifteen percent of the rear setback area shall be covered by structures,
and provided further, that on a reversed corner lot, an accessory structure shall not be located closer
to the rear property line than the required side setback area on the abutting lot and not closer to the
exterior side property line than the required front setback area of the abutting lot.
(i) Referral to Planning Commission. With respect to any accessory structure requiring
approval by the Community Development Director, as described in subsections (a) through (h) of
this Section, the Director may refer the matter to the Planning Commission for action thereon
whenever the Director deems such referral to be necessary or appropriate.
(j) Exceptions to standards. The Planning Commission shall have authority to grant exceptions
to any of the regulations set forth in subsections (a) through (h) of this Section pertaining to the size,
height or required setback of an accessory structure in a side or rear setback area, through the
granting of a use permit for such accessory structure pursuant to Article 15-55 of this Chapter. The
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87
Exhibit A
Planning Commission's 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 is not expressly allowed under
subsections (a) through (h).
(k) Emergency or stand-by generators. No emergency or stand-by generator shall be allowed
between the lot line and in any required front, side or rear setback area. setback line. All emergency
or stand-by generators shall be required to meet all applicable requirements of the City Code
including Article 7-30 concerning noise. Outside a required front, side, or rear setback area, an
emergency or stand-by generator may be permitted upon the granting of a conditional use permit
from the Planning Commission. Any application for such a permit must be accompanied with
information from the manufacturer documenting the noise generation characteristics of the
generator. A noise assessment study shall be prepared by a qualified acoustical consultant for all
proposed generators. The noise assessment study shall confirm the generator meets all applicable
requirements of the City Code including Article 7-30 concerning noise. This restriction shall not
apply to generators for which the owner provides evidence of installation prior to July 1, 2004,
provided, however, that removal of nonconforming generators may be required as a condition of
approval for any design review application involving expansion or reconstruction of more than fifty
percent of the main dwelling, as described in Article 15-45.
(l) Heating, ventilation and air conditioning (HVAC) mechanical equipment. No HVAC
mechanical equipment shall be allowed between the lot line and in any required front, side or rear
setback area. line. HVAC mechanical equipment shall be required to meet all applicable
requirements of the City Code including Article 7-30 concerning noise. This restriction shall not
apply to HVAC equipment for which the owner provides evidence of installation prior to July 1,
2004, provided however, that removal of nonconforming HVAC equipment may be required as a
condition of approval for any design review application involving expansion or reconstruction of
more than fifty percent of the main dwelling, as described in Article 15-45.
22. Definition of Tobacco Product
15-80.130 - Tobacco retailers.
(a) Definitions. For the purposes of this Section, the following words and phrases shall have the
meanings specifically ascribed to them in this subsection, unless the context or provision clearly
requires otherwise:
(1) Person means any natural person, partnership, cooperative association, private corporation,
personal representative, receiver, trustee, assignee, or any other legal entity.
(2) Tobacco paraphernalia means cigarette papers or wrappers, pipes, holders of smoking
materials of all types, cigarette rolling machines, and any other item designed for the smoking or
ingestion of tobacco products.
(3) Tobacco products means any substance containing any tobacco leaf, including, but not
limited to, cigarettes, cigars, bidis, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping
tobacco, and smokeless tobacco, snus, bidis, or any other preparation of tobacco; and any
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88
Exhibit A
product or formulation of matter containing biologically active amounts of nicotine that is
manufactured, sold, offered for sale, or otherwise distributed with the expectation that the
product or matter will be introduced into the human body, but does not include any cessation
product specifically approved by the United States Food and Drug Administration for use in
treating nicotine or tobacco dependence.
(4) Tobacco retailer means any person who sells, offers for sale, exchanges or offers to
exchange for any form of consideration, tobacco, tobacco products and/or tobacco paraphernalia;
"tobacco retailing" shall mean the doing of any of these things whether exclusively or in conjunction
with any other use.
(b) Conditional use permits. Tobacco retailers are not allowed in any zoning district unless
listed as a conditional use. In zoning districts where tobacco retailers are a listed conditional use,
tobacco retailers may be allowed upon the granting of a use permit by the Planning Commission or
Zoning Administrator pursuant to Article 15-55. In addition to the requirements of Article 15-55,
conditional use permits for tobacco retailers must include the following conditions:
(1) Tobacco products and/or tobacco paraphernalia shall be secured so that only store employees
have immediate access to the tobacco products and/or tobacco paraphernalia. Self-service displays
are prohibited.
(2) The tobacco retailer shall comply with local, state, and/or federal laws regarding sales,
advertising or display of tobacco products and/or tobacco paraphernalia including posting
prominently near the cash register or other point of sale the legal age to buy tobacco products and/or
tobacco paraphernalia, and checking the identification of all purchasers to ensure they are of legal
age.
(3) No person under eighteen years of age may sell or exchange tobacco products or tobacco
paraphernalia.
(4) Sampling of tobacco products by individuals under eighteen years of age shall not be
permitted. Therefore, tobacco products shall not be given or sold to individuals under eighteen years
of age.
(5) Smoking shall be prohibited in a premises deemed a "tobacco retailer".
(c) Limited density of tobacco retailers. Except as set forth in subsection (d), below, no
tobacco retailer, not legally in existence as of the effective date of this Section, shall be granted a
conditional use permit to operate on a site which is:
(1) Within five hundred feet of a site occupied by another tobacco retailer;
(2) Within one thousand feet of a site occupied by a public or private elementary, middle, or
high school; or
(3) Within one thousand feet of a site occupied by a City park.
All distances shall be measured in a straight line from the point on the parcel boundary of the
proposed tobacco retailer nearest to the subject use (i.e, existing tobacco retailer, school, or park) to
the nearest point on the parcel boundary of the subject use.
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Exhibit A
(d) Planning Commission findings. A proposed tobacco retailer use that does not meet the
criteria set forth in subsection (c) above, may be issued a conditional use permit by the Planning
Commission if the Planning Commission (1) makes the findings specified in Section 15-55.070 of
this Code and (2) finds that the tobacco retailer use is compatible with the surrounding neighborhood
and located and designed in a manner that is sensitive to the proximity of schools, parks, medical
facilities, and other tobacco retailers. If a proposed tobacco retailer use would ordinarily be subject
to review by the Zoning Administrator, the use permit shall be considered by the Planning
Commission in the first instance if, in the course of staff review of the permit application, it is
determined that the proposed use does not meet the criteria set forth in subsection (c), above.
(e) Existing tobacco retailers, procedure for administrative approval. If a tobacco retailer is
legally in existence on October 16, 2009, the operator is not required to obtain a conditional use
permit or satisfy the density requirements in subsection (d), above, as long as the operator applies for
an Administrative Existing Tobacco Retailer Use Permit by April 16, 2010. The Director shall issue
an Administrative Existing Tobacco Retailer Use Permit to any tobacco retailer legally in existence
as of the date of enactment of this Section when the Director obtains a declaration from the tobacco
retailer operator declaring that it will comply with the conditions in subdivision (b). No fee shall be
charged for this permit.
(f) Suspension or revocation of a use permit.
(1) The suspension and revocation provisions set forth in this subsection apply to use permits
granted under both subsection (b) and (d).
(2) Grounds for suspension or revocation. In addition to any basis for suspension or revocation
under Article 15-55, a tobacco retailer's use permit status shall be suspended or revoked if the
Director finds, after notice and opportunity to be heard, any of the following:
(A) That the permit holder has violated any of the use permit conditions of approval, including
without limitation the conditions set forth in subsection (b) of this section, or
(B) That the permit holder has violated any local, state or federal law governing the sale,
advertisement or display of tobacco products or tobacco paraphernalia.
(3) Suspension shall suspend the privilege of tobacco retailing for a stated period pursuant to
paragraph (4) of this subsection. Revocation shall be without prejudice to the filing of a new
application for a conditional use permit following correction of the conditions that required the
revocation.
(4) Suspension or revocation of CUP. If the Department finds that there are grounds for the
suspension of a CUP, the following sanctions shall be imposed:
(A) A first violation of this Section shall result in a thirty-day suspension of the right to sell
tobacco products and tobacco paraphernalia.
(B) A second violation of this Section within a sixty-month period shall result in a ninety-day
suspension of the right to sell tobacco products and tobacco paraphernalia.
(C) A third or subsequent violation of this Section within a sixty-month period may result in a
revocation of the right to sell tobacco products and tobacco paraphernalia.
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Exhibit A
(5) Appeal of suspension and/or revocation. The decision of the Director is appealable to the
Hearing Officer pursuant to Section 3-15.070 of this Code provided that any appeal must be filed
within ten days of receipt of the Director's decision. An appeal shall stay all proceedings in
furtherance of the appealed action.
(g) Enforcement.
(1) Violations of this Section and any use permit issued hereunder are hereby declared to be
public nuisances.
(2) In addition to other remedies provided by this Section or by other law, any violation may be
remedied by a civil action brought by the City Attorney, including, but not limited to, administrative
or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, unfair
business practice proceedings under Business & Professions Code Section 17200 et seq., and suits
for injunctive relief. The remedies provided by this Section are cumulative and in addition to any
other remedies available at law or in equity.
23. Basements – Geotechnical Review and Lightwells Setbacks
15-06.405 - Lightwell.
"Lightwell" means an excavated area adjacent to a building that extends no more than four feet
measured horizontally from the building perimeter to the interior wall of the lightwell, that is
enclosed on four sides, that is open at the top, and allows light into a below-grade level of a
building.
15-80.035 - Requirements for basements and lightwells.
The following requirements shall apply to basements in any A, R-1, HR, R-OS or R-M district, with
the exception of requirements in subsections (d) and (e) of this Section, which shall apply to all
districts:
(a) A basement shall be located beneath the building footprint of an enclosed accessory structure
and/or the building footprint of the main structure, including attached garage, and shall not be
located, with the exception of lightwells, within any required setback area. The building footprint is
the floor area from the exterior surface of the exterior walls of the ground floor of all main or
accessory structures on a lot.
(b) A lightwell may not extend into a required side setback area more than three feet and
into a required rear setback area more than four feet. shall not be located within any required
setback area and shall not be wider than four feet, as defined in Section 15-06.405
(c) A basement shall be a one level structure with a maximum floor to ceiling height of twelve
feet. Floor, in this case, means finished floor, and ceiling means the bottom level of the ceiling
framing members.
(d) All proposed basements and additions to basements identified on the City’s Ground
Movement Potential Map as being located in an area with significant potential for ground
35
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Exhibit A
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movement shall obtain geotechnical clearance. The applicant shall submit to the Planning
Department a geotechnical report prepared by a registered geotechnical engineer or registered civil
engineer with competence in geotechnical investigation and design. This report shall include an
analysis of seasonal groundwater conditions potentially impacting the project and design
recommendations for any appropriate measures to address subsurface water.
The geotechnical consultant shall address the potential need for substantial sump pump operation
requirements where groundwater is anticipated to rise above the basement floor.
Incorporation of subdrain systems beneath basement floors and appropriate waterproofing
measures shall be considered during preparation of geotechnical design criteria for basements.
(e) Applicant shall submit to the Planning Department a grading and drainage plan stamped and
signed by a registered civil engineer. Water collected from a basement shall either be transported to a
nearby city storm drain inlet or to another drainage facility. The method of drainage shall be
reviewed and approved by the Community Development Director. Disposition and treatment of on-
site storm water shall be consistent with the requirements of the Santa Clara Valley Urban Runoff
Pollution Prevention Program (NPDES requirements). The size of a proposed basement may be
limited based on drainage issues or issues raised in the geologic and geotechnical reports.
24. State Density Bonus Requirements
15-81.040 - Review procedures.
Within ninety days of receipt of a complete proposal, the Community Development Director shall
notify the applicant in writing what the staff will recommend as to how the City will comply with
this Article, and shall indicate whether staff has determined that the housing development complies
with this Article and with the applicable planning and zoning regulations. If the housing
development is proposed as a planned community district, the density bonus and incentive(s) shall be
considered by the Planning Commission and City Council with the accompanying rezoning. If the
housing development is not proposed as a planned community district, the request shall be processed
as part of the design review approval process subject to the requirements of this Article. The
application and all associated project approvals shall be considered by the Planning
Commission which shall make a recommendation to the City Council. The City Council shall
make a final decision on the proposal and related approvals together with the affordable
housing density bonus agreement described in section 15-81.050.
End of Amendments
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REPORT TO THE
PLANNING COMMISSION
Meeting Date: August 28, 2013
Application: Report on SB1 - Sustainable Communities
Investment Authority
Location / APN: N/A
Owner / Applicant: N/A
Staff Planner: James Lindsay
BACKGROUND
The Planning Commission requested staff to provide information on Senate Bill No. 1
introduced by State Senator Steinberg in December 2012. The Senate passed SB 1 in May
2013 and it is currently being reviewed in Assembly Committees. The City (through the City
Council) has not taken a position on the bill nor has the League of California Cities.
SUMMARY
The following is a summary of SB 1 from the Legislative Counsel’s Office:
“The Community Redevelopment Law authorizes the establishment of redevelopment
agencies in communities to address the effects of blight, as defined. Existing law
dissolved redevelopment agencies and community development agencies, as of
February 1, 2012, and provides for the designation of successor agencies.
Existing law provides for various economic development programs that foster
community sustainability and community and economic development initiatives
throughout the state.
This bill would authorize certain public entities of a Sustainable Communities
Investment Area, as described, to form a Sustainable Communities Investment Authority
(authority) to carry out the Community Redevelopment Law in a specified manner. The
bill would require the authority to adopt a Sustainable Communities Investment Plan for
a Sustainable Communities Investment Area and authorize the authority to include in
that plan a provision for the receipt of tax increment funds provided that certain
economic development and planning requirements are met. The bill would authorize the
legislative body of a city or county forming an authority to dedicate any portion of its
net available revenue, as defined, to the authority through its Sustainable Communities
Investment Plan. The bill would require the authority to contract for an independent
financial and performance audit every 5 years.
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.
The bill would establish prequalification requirements for entities that will receive more
than $1,000,000 from the Sustainable Communities Investment Authority and would
require the Department of Industrial Relations to monitor and enforce compliance with
prevailing wage requirements for specified projects within a Sustainable Communities
Investment Area. The bill would deposit moneys received by the department from
developer charges related to the costs of monitoring and enforcement in the State Public
Works Enforcement Fund. By depositing a new source of revenue in the State Public
Works Enforcement Fund, a continuously appropriated special fund, the bill would
make an appropriation.”
Included as attachments are the entire text of SB 1 (as of 8/5/13) – Attachment 1; an article
summarizing SB 1 posted on the California Planning & Development Report website in April
2013 – Attachment 2; an article supporting the bill posted on LA.STREETSBLOG on August
9th – Attachment 3; the information opposing the bill provided by Trish Cypher at the August
14th Planning Commission meeting – Attachment 4.
RECOMMENDATION: Receive report
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SB-1 Sustainable C ommunities Investment Authority. (2013-2014)
SECTION 1. Part 1.86 (commencing with Section 34191 .10 ) is added to Division 24 of the Health and Saf ety
Code, to read:
PART 1.86. Sustainable Communities I nvestment PROGRAM
CHAPTER 1. General Provisions
34191.10. (a) T he Legislature f inds and declares that better economic development patterns in California can
contribute to greater economic growth by creating good jobs, reducing commuter times f or employees,
reducing the costs of public infrastructure, and reducing energy consumption. Better development patterns
may also result in increased options in the type of housing available, more af f ordable housing, and a reduction
in a household’s combined housing and transportation costs.
(b) T he construction industry has been one of the sectors hardest hit by the economic downturn of recent
years. Creating incentives f or construction can help restore construction and permanent jobs, which are
essential for a restoration of prosperity.
(c) Economic development patterns can also help Calif ornia attain some of its long-term strategic
environmental objectives including reduced air pollution, greater water conservation, reduced energy
consumption, and increased farmland and habitat preservation.
(d) Implementation of the growth plans identif ied by the metropolitan planning organizations in their
sustainable communities strategies, and in particular the development of areas identif ied f or transit priority
projects, is essential if California is to achieve the multiple benefits that would result from economic
development. I mplementation of growth plans in transit priority project areas requires redevelopment of
existing developed areas.
(e) In addition to economic pressures f rom the current recession, development of transit priority projects
remains challenging. I nfrastructure is often old and inadequate. Sites may suffer f rom contamination that is
expensive to remediate. The high construction costs in urban areas, particularly for multif amily dwellings,
create an additional challenge. For these reasons, it is critical to restructure and ref ocus redevelopment in
Calif ornia to assist in achievement of these multiple benef its.
(f) At the same time, Calif ornia cannot af f ord a redevelopment program that causes schools to lose revenue
at a time when investing in education is also key to the state’s economic prosperity. A growth plan f or the
state consistent with regional sustainable communities strategies must also provide that schools are able to
play their f ull role in achieving the f uture of California. I n this regard, Section 16 of Article XVI of the Calif ornia
Constitution does not require that all taxing agencies set aside their portion of f uture property tax for tax
increment. I t defines taxing agencies disjunctively as “any city, county, city and county, district, or other
public corporation.”
(g) T he elimination of redevelopment agencies has resulted in the loss of approximately one billion dollars
($1,000,000 ,00 0) annually in low- and moderate-income housing f unds f or communities throughout the
state. Communities need alternative sources of revenue to support the continued production of aff ordable
housing units.
(h) The Legislature f inds that a comprehensive strategy f or the long-term economic development of the state
must encourage the creation of good jobs and workf orce skills needed to attract and retain a high-wage
workforce, in addition to public inf rastructure requirements. Public investments in human capital are as vital to
the long-term growth of the state’s economy as investments in physical capital.
34191.11. T he Legislature further f inds and declares that inef ficient land use patterns cause an increased
economic burden on taxpayers f or the costs of an inef f icient transportation inf rastructure, and create a high
combined economic cost of housing and transportation f or Calif ornia residents. T hese development patterns
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have also contributed to declining property values and foreclosures in many communities. They create f urther
economic risks f or the agricultural industry, the largest industry in Calif ornia, through the loss of critical
f armland. T hey also result in increased air pollution, energy consumption, and greenhouse gas emissions which
impose additional costs on business and damage public health. They also lead to inefficient consumption of
water, a critical resource f or all of Calif ornia.
34191.12. T he Legislature f inds and declares that the interrelated problems identified in this chapter are a f orm
of blight that can be addressed through a new Sustainable Communities I nvestment Program.
34191.13. I n order to more ef f ectively address blight, the program shall be established to support development
in transit priority project areas and small walkable communities and to support clean energy manuf acturing
through tax increment revenue. T his new program shall use tax increment revenue to f ight blight as it is
understood in the contemporary setting without including those aspects of the former redevelopment program
that created so much controversy, including the manipulation of the def inition of blight and the use of the
school share of tax increment revenue, such that it became a drain on the General Fund. T he new program,
f ocused on certain geographic areas and sites, shall require greater levels of intergovernmental collaboration.
34191.14. I t is the intent of the Legislature in establishing the Sustainable Communities I nvestment Program to
create a new, collaborative structure f or the creation of a governing board for a Sustainable Communities
Investment Authority and to allow governmental entities through a consensual process to invest tax increment
revenue to relieve conditions of blight as prescribed by the Legislature. T he new authority shall have new
planning obligations and, in particular, shall have a new f ocus on the job creation associated with new
economic development. To the extent not inconsistent with the new program, the authority shall be able to
exercise the powers of the former redevelopment agencies, but only as part of this newly created and
ref ormed program.
34191.15. For purposes of this part, “authority” or “Sustainable Communities I nvestment Authority” means the
entity f ormed under Chapter 2 (commencing with Section 34191.20).
CHAPTER 2. Sustainable Com m unities Investm ent Authority
34191.20. (a) A Sustainable Communities I nvestment Authority is a public body, corporate and politic, that may
be created by the appointment of a governing board as provided in subdivision (e). The authority shall comply
with the provisions of this part, the Community Redevelopment Law (Part 1 (commencing with Section
33000)), excluding Sections 3340 1, 33492.140, 336 07, 33607.5, 336 07.7, 336 76, and any other similar
payment provision of that part, Part 1.5 (commencing with Section 3 4000), Part 1.6 (commencing with
Section 34050), and Part 1.7 (commencing with Section 34100), to the extent not inconsistent with this part.
T he authority shall not be subject to the provisions of Part 1.8 (commencing with Section 34 161) and Part
1.85 (commencing with Section 34170).
(b) T he authority shall be deemed to be an “agency” pursuant to Section 33003 and shall have all the rights,
responsibilities, and obligations of an agency. For purposes of this part, a project area shall be ref erred to as a
Sustainable Communities I nvestment Area and a redevelopment plan shall be ref erred to as a Sustainable
Communities Investment Plan.
(c) An authority created pursuant to this part may rely on the legislative determination of blight and shall not
be required to make a separate f inding of blight or conduct a survey of blight within the project area.
(d) Notwithstanding any other provision of law, a Sustainable Communities Investment Authority shall not be
f ormed under this section by either of the following:
(1) A city or county that created a redevelopment agency that was dissolved pursuant to Part 1.85
(commencing with Section 34170) of Division 24, unless the successor agency or designated local authority
f or the f ormer redevelopment agency has received a finding of completion from the Department of Finance
pursuant to Section 34179 .7.
(2) A city, county, city and county, or special district that has declared a f iscal emergency, unless the city,
county, city and county, or special district subsequently declares that the f iscal emergency has been resolved.
(e) An authority may be created as f ollows:
(1) A city, county, city and county, or a special district may create an authority pursuant to this part by
entering into a joint powers agreement under Chapter 5 (commencing with Section 6500) of Division 7 of T itle
1 of the Government Code. T he joint powers agreement shall establish a governing board and designate the
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Sustainable Communities I nvestment Area.
(2) A city may create an authority, appoint the authority governing board, designate a Sustainable
Communities I nvestment Area within the city’s incorporated area, and establish the parameters of the
proposed economic development within a proposed Sustainable Communities I nvestment Area with county
approval of the economic development parameters and the Sustainable Communities I nvestment Plan,
including any amendments to the plan.
(3) A city and a county may create an authority and appoint the authority governing board, which shall be
comprised of two members appointed by the city and two members appointed by the county. A f if th member
shall be appointed by the two city and the two county members. T he governing board shall designate the
Sustainable Communities Investment Area. A Sustaina ble Communities I nvestment Plan, including any
amendments to it, shall be approved by both the city and the county. T he Sustainable Communities
Investment Area may include an incorporated area or both an incorporated area and an unincorporated area.
(4) I f the Sustainable Communities Investment Area is within an unincorporated area, the board of
supervisors of a county may create an authority and appoint the authority governing board.
(5) A city may create an authority, which shall constitute a legally distinct entity f rom that city, and appoint
the authority governing board, which may designate a Sustainable Communities I nvestment Area only within
the incorporated limits of that city.
(f) If an authority is created pursuant to this section by an entity that is a city and county the governing body
shall be composed of f ive members appointed by the mayor of the city, if that appointment is subject to
conf irmation by the county board of supervisors.
(g) Any city or county approval under this section shall be by resolution of the legislative body.
(h) A taxing agency participating in or approving the f ormation of a Sustainable Communities I nvestment
Authority or appointing governing board members may authorize an allocation to the authority of all or part of
the tax increment revenue that otherwise would be paid to that taxing agency.
(i) A governing board appointed pursuant to this section shall consist of five members. The members of any
governing board formed pursuant to this part shall be appointed f or four-year terms and shall be removed by
the appointing authority only f or cause. T he initial appointees to the governing board shall serve either two-
year or f our-year terms and shall draw their terms by lot. An authority created pursuant to this section shall be
deemed to be a local public agency subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section
54950) of Part 1 of Division 2 of Title 5 of the Government Code), the Calif ornia Public Records Act (Chapter
3.5 (commencing with Section 62 50) of Division 7 of T itle 1 of the Government Code), the Meyers-Milias-
Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code), and
the Political Ref orm Act of 1974 (T itle 9 (commencing with Section 81000) of the Government Code). T he
governing board shall adopt policies regarding the use of personal service contracts to the standards set f orth
in Section 19130 of the Government Code that apply to the authority and its employees.
(j) A school district shall be excluded from participating in a Sustainable Communities I nvestment Authority.
CHAPTER 3. Sustainable Com m unities Investm ent Areas
34191.25. A Sustainable Communities Investment Area shall include only the f ollowing:
(a) Transit priority project areas, which are areas where a transit priority project, as def ined in Section 21155
of the Public Resources Code, may be constructed, provided that if the Sustainable Communities I nvestment
Area is based on proximity to a planned major transit stop or a high-quality transit corridor, the stop or the
corridor must be scheduled to be completed within the planning horizon established by Section 450.322 of
T itle 23 of the Code of Federal Regulations. For purposes of this paragraph, a transit priority project area may
include a military base reuse plan that meets the def inition of a transit priority project area and it may include
a contaminated site within a transit priority project area.
(1) I f the Sustainable Communities Investment Area includes a high-speed rail station, the radius of the area
may be up to one mile from a high-speed rail station. I f the project area consists of a radius greater than one-
half of one mile, at leas t 50 percent of tax increment revenue derived f rom the area shall be used to support
construction of the high-speed rail station and related inf rastructure.
(2) All or part of a transit priority project area may be included in the Sustainable Communities I nvestment
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Area or an area may include one or more contiguous transit priority project areas. One or more Sustainable
Communities Investment Areas may be created pursuant to subdivision (e) of Section 34191.20.
(3) Transit priority project areas shall be within the geographic boundaries of a metropolitan planning
organization in which a sustainable communities strategy has been adopted by the metropolitan planning
organization, and the State Air Resources Board, pursuant to subparagraph (H) of paragraph (2) of subdivision
(b) of Section 65080 of the Government Code, has accepted the metropolitan planning organization’s
determination that the sustainable communities strategy would, if implemented, achieve the region’s
greenhouse gas emission reduction targets.
(b) Areas that are small walkable communities, as defined in paragraph (4) of subdivision (e) of Section
21094.5 of the Public Resources Code, except that small walkable communities may also be designated in a
city that is within the area of a metropolitan planning organization. No more than one small walkable
community project area shall be designated within a city. All or part of a small walkable community may be
included in the Sustainable Communities I nvestment Area.
(c) Sites that have land use approvals, covenants, conditions and restrictions, or other ef f ective controls
restricting the sites to clean energy manuf acturing, and that are consistent with the use, designation, density,
building intensity, and applicable policies specif ied for the Sustainable Communities I nvestment Area in the
applicable sustainable communities strategy, if those sites are within the geographic boundaries of a
metropolitan planning organization. Clean energy manuf acturing shall consist of the manuf acturing of any of
the following:
(1) Components, parts, or materials f or the generation of renewable energy resources.
(2) Equipment designed to make buildings more energy ef ficient or the component parts thereof .
(3) Public transit vehicles or the component parts thereof .
(4) Alternative f uel vehicles or the component parts thereof.
CHAPTER 4. Sustainable Com m unities Investm ent Plan
34191.26. A Sustainable Communities Investment Plan may include a provision for the receipt of tax increment
f unds according to Section 33670, provided that the local government with land use jurisdiction has adopted
all of the following:
(a) A sustainable parking standards ordinance that restricts parking in transit priority project areas to
encourage transit use to the greatest extent feasible.
(b) An ordinance creating a jobs plan that requires all entities receiving f inancial support from the authority to
enter into an agreement with the authority describing how the project will do both of the following:
(1) Further construction careers that pay prevailing wages and create living wage permanent jobs.
(2) Implement a program f or community outreach, local hire, and job training that includes disadvantaged
Calif ornia residents, including veterans of the I raq and Afghanistan wars, people with a history in the criminal
justice system, and single-parent f amilies.
(c) For transit priority project areas and small walkable communities within a metropolitan planning
organization, a plan consistent with the use designation, density, building intensity, and applicable policies
specified for the Sustainable Communities Investment Area in the sustainable communities strategy.
(d) Within small walkable communities outside a metropolitan planning organization, a plan f or new residential
construction that provides a density of at least 20 dwelling units per net acre and, f or nonresidential uses,
provides a minimum f loor area ratio of 0.75.
(e) An ordinance that does both of the following:
(1) Prohibits the number of housing units occupied by extremely low, very low, and low-income households,
including the number of bedrooms in those units, in the Sustainable Communities I nvestment Area at the time
the Sustainable Communities I nvestment Authority is established from being reduced during the ef f ective
period of the Sustainable Communities I nvestment Plan.
(2) Requires the replacement of dwelling units that house extremely low, very low, or low-income households,
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upon their removal from the Sustainable Communities I nvestment Area, pursuant to subdivision (a) of Section
33413 within two years of their displacement.
34191.27. (a) Upon adoption of a Sustainable Communities Investment Plan that includes the tax increment
f inancing provision authorized by Section 34191 .26 , the county auditor-controller shall allocate tax increment
revenue to the authority as f ollows:
(1) I f the authority was formed pursuant to paragraph (1 ) of subdivision (e) of Section 341 91.20, the
authority shall be allocated each year specified in the plan that portion of the levied taxes f or each city,
county, city and county, and special district that is a party to the joint powers authority in excess of the
amount specif ied in subdivision (a) of Section 33670.
(2) I f the authority was f ormed pursuant to paragraph (2) or (3) of subdivision (e) of Section 34191.20, the
authority shall be allocated each year specif ied in the plan that portion of the levied taxes for the city and the
county in excess of the amount specif ied in subdivision (a) of Section 33670.
(3) I f the authority was formed pursuant to paragraph (4 ) of subdivision (e) of Section 341 91.20, the
authority shall be allocated each year specif ied in the plan that portion of the levied taxes f or the county in
excess of the amount specif ied in subdivision (a) of Section 33670.
(4) I f the authority was formed pursuant to paragraph (5 ) of subdivision (e) of Section 341 91.20, the
authority shall be allocated each year specif ied in the plan that portion of the levied taxes for the city in
excess of the amount specif ied in subdivision (a) of Section 33670.
(5) Any city, county, city and county, or special district may, by resolution of its board, authorize the county
auditor-controller to allocate that portion of the levied taxes f or that entity in excess of the amount specified
in subdivision (a) of Section 33670.
(6) Any allocation of revenues to the authority made pursuant to this subdivision shall be adjusted to comply
with the provisions of subdivision (h) of Section 34191.20.
(7) Proceeds of taxes levied f or a school district that are in excess of the amount specif ied in subdivision (a)
of Section 33670 shall not be pledged or allocated to an authority created by any of the governance structures
specified in subdivision (e) of Section 341 91.20.
(8) Notwithstanding any other law, the county auditor-controller shall allocate to the authority a taxing
agency’s portion of tax increment revenues only if the governing body of the taxing agency adopts a resolution
authorizing the allocation. A taxing agency that adopts a resolution shall not revoke the county auditor-
controller’s authority pursuant to this section if revocation would impair the authority’s ability to honor existing
obligations secured by tax increment revenues.
(b) I f a Sustainable Communities I nvestment Area includes, in whole or in part, land f ormerly or currently
designated as a part of a redevelopment project area, as def ined in Section 333 20.1, any Sustainable
Communities I nvestment Plan adopted pursuant to this part that includes a provision f or the receipt of tax
increment revenues according to Section 3367 0 shall include a provision that tax increment amounts collected
and received by an authority are subject and subordinate to any preexisting enforceable obligation, as that
term is def ined in Section 3417 1.
(c) The legislative body of the city or county f orming an authority may choose to dedicate any portion of its
net available revenue to the authority through the Sustainable Communities I nvestment Plan. T he plan shall
state that net available revenue from the city or county may be used by the authority in accordance with this
part, and state the maximum portion of the net available revenue to be committed to the authority for each
year during which the authority will receive these revenues. T he portion may vary over time. T he plan shall
state the date upon which the authority will cease to receive net available revenue. T he city or county may
direct the county auditor-controller to transf er any portion of the net available revenue to the authority and
the county auditor-controller may collect administrative costs f rom the authority.
(d) For purposes of this section, “net available revenue” means periodic distributions to the city or county
f rom the Redevelopment Property Tax Trust Fund, created pursuant to Section 34170.5, that are available to
the city or county af ter all preexisting legal commitments and statutory obligations f unded from that revenue
are made pursuant to Part 1.85 (commencing with Section 34 170). Net available revenue shall include only
revenue remaining af ter all current distributions, including, but not limited to, payment of enf orceable
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obligations, all distributions to other taxing entities, and applicable administrative f ees, have been made.
(e) In accordance with Section 33334.2 and all other applicable af f ordable housing provisions of the
Community Redevelopment Law (Part 1 (commencing with Section 3300 0)), an authority that includes in its
Sustainable Communities I nvestment Plan a provision f or the receipt of tax increment revenues according to
Section 33 670 shall dedicate no less than 2 5 percent of allocated tax increment revenues f or aff ordable
housing purposes.
34191.28. A Sustainable Communities I nvestment Plan, in addition to the applicable requirements of Part 1
(commencing with Section 33000) shall include all of the f ollowing:
(a) A fiscal analysis setting f orth the projected receipt of tax increment and other revenue and projected
expenses over five-year planning horizons f or the lif e of the authority.
(b) A statement of the principal goals and objectives of the plan together with f indings of the public purposes
and uses that will be achieved.
(c) A statement of how the plan will relieve blight as f ollows:
(1) How it will implement the goals of a sustainable communities strategy, if the Sustainable Communities
Investment Area is within a metropolitan planning organization.
(2) How it will contribute to more eff icient transportation.
(3) How it will contribute to a reduced cost f or the combined costs of housing and transportation f or Calif ornia
residents.
(4) How it will contribute to improved public health.
(5) How it will promote more ef f icient water consumption.
(6) How it will avoid loss of prime farmland.
(7) How it will reduce air pollution, energy consumption, and greenhouse gas emissions by reducing vehicle
miles traveled.
(8) How it will reduce energy consumption by f acilitating clean energy manufacturing.
(9) How it will ensure compliance with the af f ordable housing maintenance and preservation requirements
contained in subdivision (e) of Section 3 4191.26.
(d) A statement of how the plan will implement the sustainable parking standards adopted pursuant to
subdivision (a) of Section 341 91.26.
(e) A statement of how the plan will implement the jobs plan adopted pursuant to subdivision (b) of Section
34191.26.
(f) In addition to satisf ying the requirements of Part 1 (commencing with Section 3300 0), a Sustainable
Communities Investment Plan may include, to the extent applicable to the area, any of the f ollowing:
(1) Farmworker housing.
(2) T ransitional and supportive housing including, but not limited to, f ormer f oster youth, persons with mental
health treatment needs, persons with substance use disorder treatment needs, and various of fender
populations.
(3) Health and saf ety related inf rastructure investments f or disadvantaged and rural communities.
(4) I nf rastructure investments to support countywide services including, but not limited to, health clinics,
hospitals, medical provider of f ices, child care facilities, day reporting centers, and grocery stores in f ood
desert areas.
(g) I f a city, county, city and county, or special district that has entered into an agreement pursuant to this
part to allocate a portion of its tax increment to a Sustainable Communities I nvestment Authority
subsequently declares a f iscal emergency, that city, county, or city and county, or special district shall develop
a plan f or how the county auditor-controller shall reduce the amount of the tax increment revenue allocated to
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the authority during the period of time of the f iscal emergency.
34191.29. A state or local public pension f und system authorized by state law or local charter, respectively,
including, but not limited to, the Public Employees’ Retirement System, the State T eachers’ Retirement
System, a system established under the County Employees Retirement Law of 1937 (Chapter 3 (commencing
with Section 31450) of Part 3 of Division 4 of Title 3 of the Government Code), or an independent system,
may invest capital in the public inf rastructure projects and private commercial and residential developments
undertaken by an authority.
34191.30. (a) An authority may exercise the f ull powers granted under Chapter 2.8 (commencing with Section
53395) of Part 1 of Division 2 of T itle 5 of the Government Code and the Marks-Roos Local Bond Pooling Act
of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government
Code).
(b) An authority may implement a local transactions and use tax under Part 1.6 (commencing with Section
7251) of Division 2 of the Revenue and T axation Code, except that the resolution authorizing the tax may
designate the use of the proceeds of the tax.
(c) An authority may issue bonds paid f or with authority proceeds, which shall be deemed to be special f unds
to be expended by the authority f or the purposes of carrying out this part.
(d) School district property tax revenues shall not be pledged f or the repayment of bonds issued by the
authority.
34191.31. (a) Every five years the authority shall contract f or an independent f inancial and perf ormance audit.
T he audit shall be conducted according to guidelines established by the Controller. A copy of the completed
audit shall be provided to the Controller, the Director of the Department of Finance, and to the Joint Legislative
Budget Committee. T he Controller shall not be required to review and approve the completed audits.
(b) T he guidelines established by the Controller shall include guidelines for determining compliance with the
af f ordable housing maintenance and replacement requirements of subdivision (e) of Section 34191.26 ,
including provisions to ensure that the requirements are met within each f ive-year period covered by the audit.
A f inding of f ailure to comply with the requirements of subdivision (e) of Section 34191.26 shall require the
authority to adopt and submit to the Controller, as part of the audit, a plan to achieve compliance with those
provisions as soon as f easible but in not less than two years f ollowing the f indings. The Controller shall review
and approve the plan, and require the plan to stay in ef f ect until compliance is achieved. The Controller shall
ensure that the plan includes one or more of the f ollowing means of achieving compliance:
(1) T he expenditure of an additional 10 percent of gross tax increment revenue on increasing, preserving, and
improving the supply of low-income housing.
(2) An increase in the production, by an additional 10 percent, of housing f or very low income households as
required by paragraph (2 ) of subdivision (b) of Section 3341 3.
(3) T he targeting of expenditures pursuant to Section 33334.2 exclusively to rental housing af f ordable to, and
occupied by, persons of very low and extremely low income.
CHAPTER 5. Prequalification Requirements
34191.35. All entities that will receive in excess of one million dollars ($1,000,000) f rom the Sustainable
Communities Investment Authority, including projects undertaken by private developers, shall comply with the
f ollowing prequalif ication process for all construction contracts or subcontracts:
(a) The entity shall require that each prospective bidder on a construction contract complete and submit to the
authority a standardized questionnaire and f inancial statement in a form specif ied by the authority that
includes a complete statement of the prospective bidder’s f inancial ability and experience in performing large
construction contracts. T he questionnaire and f inancial statement shall be verif ied under oath by the bidder in
the manner in which civil pleadings in civil actions are verif ied. T he questionnaires and f inancial statements
shall not be public records and shall not be open to public inspection.
(b) The entity receiving f unding from the authority shall adopt and apply a unif orm system of rating bidders on
the basis of the completed questionnaires and f inancial statements, in order to determine the size of the
contracts, if any, upon which each bidder shall be deemed qualif ied to bid.
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(c) The questionnaire described in subdivision (a) and the unif orm system of rating bidders described in
subdivision (b) shall cover, at a minimum, the issues covered by the standardized questionnaire and model
guidelines for rating bidders developed by the Department of Industrial Relations pursuant to subdivision (a) of
Section 20101 of the Public Contract Code.
(d) For purposes of this section, bidders shall include all subcontractors performing work on a contract in
excess of 3 percent of the total cost.
(e) A bid shall not be accepted f rom any person or entity who is required to submit a completed questionnaire
and financial statement for prequalif ication pursuant to subdivision (a) but has not done so by the deadline set
by the entity or who has not been prequalif ied by the authority prior to the deadline for submission of bids.
(f) T his section shall not prevent an entity or the authority itself from establishing additional prequalif ication
requirements.
34191.36. (a) (1) Within a Sustainable Communities I nvestment Area, the Department of I ndustrial Relations
shall monitor and enforce compliance with prevailing wage requirements f or any project paid for in whole or
part out of public funds, within the meaning of subdivision (b) of Section 1720 of the Labor Code that include
f unds of a Sustainable Communities I nvestment Authority and shall charge each awarding body or developer
f or the reasonable and directly related costs of monitoring and enf orcing compliance with the prevailing wage
requirements on each project.
(2) All moneys received by the department pursuant to this section shall be deposited in the State Public
Works Enf orcement Fund created by Section 1771.3 of the Labor Code.
(b) Paragraph (1) of subdivision (a) shall not apply to any project paid for in whole or part out of public f unds
if the awarding body or developer has entered into a collective bargaining agreement that binds all of the
contractors performing work on the project and include s a mechanism f or resolving disputes about the
payment of wages.
SEC. 2. Sectio n 21094.5 o f the Public Reso urces C o de is amended to read:
21094.5. (a) (1) If an enviro nmental impact repo rt w as certified fo r a planning level decisio n o f a city o r co unty,
the applicatio n o f this divisio n to the appro val o f an infill pro ject shall be limited to the effects o n the
enviro nment that (A) are specific to the pro ject o r to the pro ject site and w ere no t addressed as significant
effects in the prio r enviro nmental impact repo rt o r (B) substantial new info rmatio n sho w s the effects w ill be
mo re significant than described in the prio r enviro nmental impact repo rt. A lead agency’s determinatio n
pursuant to this sectio n shall be suppo rted by substantial evidence.
(2) An effect o f a pro ject upo n the enviro nment shall no t be co nsidered a specific effect o f the pro ject o r a
significant effect that was no t co nsidered significant in a prio r enviro nmental impact repo rt, o r an effect that is
mo re significant than w as described in the prio r enviro nmental impact repo rt if unifo rmly applicable
develo pment po licies o r standards ado pted by the city, co unty, o r the lead agency, w o uld apply to the pro ject
and the lead agency makes a finding, based upo n substantial evidence, that the develo pment po licies o r
standards will substantially mitigate that effect.
(b) If an infill pro ject wo uld result in significant effects that are specific to the pro ject o r the pro ject site, o r if
the significant effects o f the infill pro ject were no t addressed in the prio r enviro nmental impact repo rt, o r are
mo re significant than the effects addressed in the prio r enviro nmental impact repo rt, and if a mitigated negative
declaratio n o r a sustainable co mmunities enviro nmental assessment co uld no t be o therw ise ado pted, an
enviro nmental impact repo rt prepared fo r the pro ject analyz ing tho se effects shall be limited as fo llo w s:
(1) Alternative lo catio ns, densities, and building intensities to the pro ject need no t be co nsidered.
(2) Gro w th inducing impacts o f the pro ject need no t be co nsidered.
(c) This sectio n applies to an infill pro ject that satisfies bo th o f the fo llo w ing:
(1) The pro ject satisfies any o f the fo llo wing:
(A) Is co nsistent with the general use designatio n, density, building intensity, and applicable po licies specified fo r
the pro ject area in either a sustainable co mmunities strategy o r an alternative planning strategy fo r w hich the
State Air Reso urces Bo ard, pursuant to subparagraph (H) o f paragraph (2) o f subdivisio n (b) o f Sectio n 65080
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o f the Go vernment Co de, has accepted a metro po litan planning o rganiz atio n’s determinatio n that the
sustainable co mmunities strategy o r the alternative planning strategy w o uld, if implemented, achieve the
greenho use gas emissio n reductio n targets.
(B) Co nsists o f a small w alkable co mmunity pro ject lo cated in an area designated by a city fo r that purpo se.
(C) Is lo cated w ithin the bo undaries o f a metro po litan planning o rganiz atio n that has no t yet ado pted a
sustainable co mmunities strategy o r alternative planning strategy, and the pro ject has a residential density o f
at least 20 units per net acre o r a flo o r area ratio o f at least 0.75.
(2) Satisfies all applicable statewide perfo rmance standards co ntained in the guidelines ado pted pursuant to
Sectio n 21094.5.5.
(d) This sectio n applies after the Secretary o f the Natural Reso urces Agency ado pts and certifies the guidelines
establishing statewide standards pursuant to Sectio n 21094.5.5.
(e) Fo r the purpo ses o f this sectio n, the fo llo wing terms mean the fo llo w ing:
(1) “Infill pro ject” means a pro ject that meets the fo llo w ing co nditio ns:
(A) Co nsists o f any o ne, o r co mbinatio n, o f the fo llo w ing uses:
(i) Residential.
(ii) Retail o r co mmercial, w here no mo re than o ne-half o f the pro ject area is used fo r parking.
(iii) A transit statio n.
(iv) A scho o l.
(v) A public o ffice building.
(B) Is lo cated w ithin an urban area o n a site that has been previo usly develo ped, o r o n a vacant site w here at
least 75 percent o f the perimeter o f the site adjo ins, o r is separated o nly by an impro ved public right-o f-w ay
fro m, parcels that are develo ped w ith qualified urban uses.
(2) “Planning level decisio n” means the enactment o r amendment o f a general plan, co mmunity plan, specific
plan, o r z o ning co de.
(3) “Prio r enviro nmental impact repo rt” means the enviro nmental impact repo rt certified fo r a planning level
decisio n, as supplemented by any subsequent o r supplemental enviro nmental impact repo rts, negative
declaratio ns, o r addenda to tho se do cuments.
(4) “Small w alkable co mmunity pro ject” means a pro ject that is in an inco rpo rated city, w hich located in a
small walkable community project area. A small walkable community project area means an area within an
incorporated city that is no t w ithin the bo undary o f a metro po litan planning o rganiz atio n and that satisfies
meets all of the fo llo wing requirements:
(A) Has a pro ject area o f appro ximately o ne-quarter mile diameter o f co ntiguo us land co mpletely within the
existing inco rpo rated bo undaries o f the city.
(B) Has a pro ject area that includes a residential area adjacent to a retail do wnto w n area.
(C) The pro ject has a area has an average net density o f at least eight dwelling units per net acre o r a flo o r
area ratio fo r retail o r co mmercial use o f no t less than 0.50. For purposes of this subparagraph: (i) “f loor area
ratio” means the ratio of gross building area (GBA) of development, exclusive of structured parking areas,
proposed f or the project divided by the total net lot area (NLA); (ii) “gross building area” means the sum of all
f inished areas of all f loors of a building included within the outside faces of its exterior walls; and (iii) “net lot
area” means the area of a lot excluding publicly dedicated land, private streets that meet local standards, and
other public use areas as determined by the local land use authority.
(5) “Urban area” includes either an inco rpo rated city o r an uninco rpo rated area that is co mpletely surro unded
by o ne o r mo re inco rpo rated cities that meets bo th o f the fo llo w ing criteria:
(A) The po pulatio n o f the uninco rpo rated area and the po pulatio n o f the surro unding inco rpo rated cities equal a
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po pulatio n o f 10 0,0 00 o r mo re.
(B) The po pulatio n density o f the uninco rpo rated area is equal to , o r greater than, the po pulatio n density o f the
surro unding cities.
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It’s Groundhog Day For Steinberg ’s Red evelopment Bill
By Larry Sokoloff on 16 April 2013 - 5:29am
C a lifo rn ia Re d e ve lo p me nt
Like the p lo t o f the Bill Mu rra y mo vie , Gro u nd h o g Da y, Sa cra me nto p o liticia ns a re ba ck to the s a me s to ry o n
re d e ve lo pme nt th is ye a r. It's a re -run o f la s t ye a r, w ith p ro p o n e nts o f re d e ve lo p me nt re -in tro d ucing ma ny
o f th e s a me bills a s la s t ye a r.
Atte mp ts to re s u rre ct re d e ve lo p me nt w e re a flo p in 201 2 w he n Go ve rno r Je rry Bro w n ve to e d mo s t
re d e ve lo pme nt-re la te d b ills . This ye a r, the re is ho p e fo r a diffe re nt e nd in g, w h e re Bro w n a nd his
De mo cra tic a llie s ca n fin d the ms e lve s in a g re e me nt o n fu ture s te ps to a id e co n o mic d e ve lo p me nt a t the
lo ca l le ve l.
La s t ye a r's ins ta llme nt e n de d in la te Se p te mbe r, w he n Bro w n ve to e d SB 115 6, a n a tte mp t to re s us cita te
re d e ve lo pme nt b y Se na te P re s ide nt P ro Te m Da rre ll Ste inb e rg . The me a s ure , kno w n a s the s u s ta ina ble
co mmun itie s bill, trie d to b ring b a ck re de ve lo pme n t a s a n infill d e ve lo p me nt to o l.
La s t fa ll, th o ug h, Bro w n w a s in the thick o f a b a ttle to ra is e ta xe s thro ug h P ro p o s itio n 30, a n d he tu rne d
d o w n th e me a s u re a lo n g w ith s e ve ra l o the rs . He s a id in his ve to me s s a ge tha t "e xpa n ding th e s co pe o f
in fra s tructure fina ncing d is tricts is p re ma tu re " a nd tha t h e w a nte d re de ve lo p me n t w o u nd d o w n a nd
g e ne ra l fu nd s a ving s a chie ve d .
But in the n e w s e s s io n o f th e le g is la tu re , Ste inb e rg s ig na le d re d e ve lo p me nt's imp o rta nce b y in tro ducin g
the o ld SB 1 156 a s the firs t b ill o f the s e s s io n. No w kno w n a s SB 1, the b ill is id e ntica l to la s t ye a r's
ve rs io n . It p a s s e d the Se na te Go ve rna nce a n d Fina nce C o mmitte e o n Ma rch 13 o n a 4-2 p a rty line vo te ,
w ith o ne De mo cra t, E d He rn a nd e z , a b s ta ining . Th e me a s u re is ne xt h e a d e d fo r a vo te in the Se na te
Tra ns p o rta tio n a nd Ho u s in g co mmitte e , w h ich ha s n o t ye t s che d u le d a he a ring , a cco rd in g to Bria n
W e in b e rg e r, a co ns ulta nt to the Go ve rn a nce a nd Fin a nce C o mmitte e . (The b ill is b e ing he a rd b y a s e co nd
co mmitte e b e ca us e the s ub je ct ma tte r cro s s e s juris d ictio n s o f b o th co mmitte e s , a cco rd ing to Ste ve She a ,
a n a id e to Ste in be rg .)
W ith little do u bt a b o ut its pa s s a g e in th e le g is la tu re , SB 1 is e xp e cte d to la nd o n the g o ve rno r's d e s k
s o o n.
In re ma rks o n SB 1 to the co mmitte e , Ste inb e rg s a id "the co nce rn s th a t le d to the ve to a re b e in g re s o lve d ,
a nd b y la te s prin g mo s t o f the s ucce s s o r a g e ncie s a re like ly to b e de e me d co mplia n t w ith th e a s s e t
d is s o lutio n re quire me n ts o f AB 26X a nd AB 1484 ."
Ste in b e rg n o te d tha t P ro p o s itio n 30 's p a s s a g e le ft the s ta te in
"a mu ch s tro n ge r fis ca l p o s itio n ." He a d d e d , "I b e lie ve th a t 201 3 w ill be th e ye a r tha t w e ca n p u t tha t
ch a p te r be h ind us a nd find ne w w a ys to mo ve fo rw a rd a nd fill the vo id in lo ca l e co no mic d e ve lo p me nt a n d
h o us ing p o licy."
So the re a l que s tio n is w h a t Go ve rn o r Bro w n w ill d o . W ill h e co ntin ue to fig h t re d e ve lo p me nt? O r re w a rd
h is p a rty, w h ich is e xp e cte d to h a ve a ve to -p ro o f ma jo rity w he n th e bill ge ts to him? An a id e to th e
g o ve rno r re fus e d co mme n t o n Bro w n's po s itio n o n the b ill, s a yin g "w e d o n't g e n e ra lly ma ke co mme n ts o n
b ills until the y a re o n h is d e s k."
Bro w n h a s to ld th e n e w ly e mb o ld e n e d Sta te Le g is la ture n o t to o ve rpla y its ha nd a n d o ve rs p e n d. W he the r
tha t a ttitu de w ill ca rry o ve r to re d e ve lo p me nt re ma in s to b e s e e n.
But in Bro w n's ve to me s s a g e la s t ye a r o n SB 115 6, h e pro vid e d ho p e to re de ve lo p me n t's p ro p o ne n ts , b y
s a ying , "I a m co mmitte d to w o rkin g w ith the Le g is la tu re a n d in te re s te d p a rtie s o n the imp o rta nt ta s k o f
re vita liz ing o u r co mmu nitie s ."
"I d o n't th ink a ny d o o rs w e re s la mme d la s t ye a r," s a id Da n C a rrig g , le g is la tive d ire cto r o f the Le a g ue o f
C a lifo rnia C itie s .
Ste in b e rg 's la te s t bill p re ve n ts re d e ve lo pme nt mo n e y fro m co ming fro m lo ca l s ch o o l d is tricts , a pro ble m
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tha t re d e ve lo pme nt a g e ncie s fa ce d be fo re re d e ve lo p me nt e nd e d in Fe b rua ry 20 12. SB 1 a ls o fits in w ith
le gis la tive ma n da te s to p ro mo te infill de ve lo pme n t a nd lo w po lluting ind us try in o rd e r to re d uce g lo ba l
w a rn in g .
Un de r SB 1 , ne w re d e ve lo p me nt a g e ncie s w o uld b e kno w n a s s us ta in a b le co mmun itie s inve s tme n t
a uth o ritie s , a nd w o uld fo cus o n d e ve lo pme nts in a re a s a ro un d ma s s tra ns it, s ma ll w a lka b le co mmun itie s
a nd cle a n ma nu fa cturin g. In a d d itio n, 20% o f the re s o u rce s o f th e ne w a ge n cie s w ill b e s p e n t o n
a ffo rd a b le h o us ing fo r lo w - a nd mo d e ra te -inco me fa milie s . Ste inb e rg 's bill w o uld re q u ire ind e pe n de n t
fina ncia l a ud its e ve ry five ye a rs .
The n e w la w is e xp e cte d to fo cus d e ve lo p me nt o n u rb a n co re s , C a rrig g s a id. Ho w e ve r, he s a id tha t SB 1
a nd o th e r ne w bills o n re d e ve lo p me nt b e fo re th e le gis la tu re w o n 't re cre a te s o me th ing "a s ro b u s t a s
re d e ve lo pme nt."
"But citie s w ill ge t mo re to o ls tha t he lp cre a te a to o lbo x to re s p o nd to the cha lle ng e o f urb a n C a lifo rnia ,"he
s a id .
A Go ve rna n ce a nd Fina n ce C o mmitte e a na lys is o f the b ill fo rs e e s fe w e r a re a s b e in g e lig ib le fo r
re d e ve lo pme nt. "No t a ll citie s a nd co u ntie s ha ve te rrito ry w ith in the ir juris d ictio ns tha t me e ts SB 1 's
re la tive ly na rro w re q uire me nts fo r the fo rma tio n o f p ro je ct a re a s ," th e a na lys is s a ys . In a d d itio n "...SB 1
w ill g e ne ra te le s s ta x in cre me nt re ve nue fo r lo ca l g o ve rn me n ts th a n w a s g e n e ra te d b y re d e ve lo p me n t."
C a rrig g p re d icts it w o uld ta ke a fe w ye a rs b e fo re ta x incre me n t a re a s co u ld b e s e t up a n d the n ra is e
e no u g h fu nd s to fina nce n e w p ro je cts .
The o u tco me o f SB 1 ma y b e tie d to a n umb e r o f o the r bills o n re d e ve lo p me nt th a t a re e xp e cte d to re a ch
the g o ve rno r's d e s k a t the s a me time . So me o f th e bills a re ne w , a n d o th e rs a re s imila r to o ne s Bro w n
ve to e d la s t ye a r. Tho s e b ills inclu d e :
SB 33 b y Lo is W o lk, D-Da vis , w h ich ma ke s it e a s ie r fo r lo ca l g o ve rnme nts to fo rm in fra s tructure
fin a ncin g dis tricts . A s imila r me a s ure , SB 2 14, w a s ve to e d b y Bro w n la s t ye a r. His ve to me s s a ge s a id
the n e w la w w o uld ha ve ch a ng e d the fo cus to ne w to o ls "ins te a d o f w in ding d o w n re d e ve lo pme nt."
SB 39 1 by Ma rk De Sa ulnie r (D-C o n co rd ), w h ich w o u ld ge ne ra te $500 millio n in a ffo rd a b le ho us ing
fu nd s . In co ntra s t, u nd e r re d e ve lo p me nt, $1 b illio n in mo ne y fo r a ffo rd a b le ho us ing w a s ge n e ra te d ,
C a rrigg s a id .
AB 29 4 by C h ris Ho ld e n (D-P a s a d e na ), w h ich d ire cts th e C a lifo rnia Infra s tru cture a nd Eco no mic
De ve lo p me n t Ba nk to w o rk w ith lo ca l g o ve rnme nt o n tra ns it-o rie nte d d e ve lo p me n t a nd a ffo rd a b le
ho u s in g pro je cts . Th e me a s ure w o u ld a ls o a llo w a n in fra s tructure fina n cing d is trict to us e the
Ed u ca tio na l Re ve n ue Au gme n ta tio n Fund p o rtio n o f in cre me nta l ta x re ve nue .
AB 22 9 by As s e mb ly Sp e a ke r Jo hn P e re z (D-Lo s Ang e le s ), w h ich w o u ld e xp a nd typ e s o f lo ca l
p ro je cts tha t a re fin a nce d b y e xis ting in fra s tructure fina n cing d is tricts . Bro w n ve to e d the s imila r AB
214 4 in Se p te mb e r.
AB 24 3 by Ro g e r Dickins o n (D-Sa cra me nto ), w h ich w o u ld a uth o riz e ne w re d e ve lo p me nt d is tricts , a nd
is s ua nce o f de b t fo r tho s e a re a s w ith 55% o f the vo te .
Sa id C a rrigg o f the L e a g ue o f C a lifo rnia C itie s : "I th ink w e 're e a rly in the p ro ce s s . Thin gs ca n ma tu re la te r
in the ye a r."
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Steinberg looks on as Br ow n s igns a budget c utting bill in
2011. Photo:Zimio
Friday, Augus t 9, 2013 4 Comments
G ov . Br own Could Sig n Bill to Help Finance Sus tainable Dev elopment in CA
by Damien New ton
Governo r Jerry Brown is po i s ed to s ign a bill that would en able cities and counties in Califo rnia to finance reg i onal s m art
growth plans and s us ta i nable trans portation im provem e nts through the creation of Sus tain able Com m unitie s Inves tm ent
Authorities .
SB 1, au thored by State Senator Darrell Steinberg, is aim e d at res toring s o m e of the financing m echanis m s los t after Brow n
elim inated Com m unity Redevelopm ent Agencies las t yea r. Steinberg introduced a s im ilar bill in 2012, bu t i t w as vetoed by
the gove rnor, who s aid it was too early to create new agencies with powe rs s i m ilar to the o nes he’d jus t ord ered dis m antle d.
The bil l i s aim ed at helpin g m unicipalitie s im plem ent the i r newly-
adopted Sus tainable C om m unities Strate gies , which were
m andate d in 2008 with th e adoption of SB 375. That bill, als o
authored by Steinberg and s igned by then -Governor Arnold
Schwa rzenegger, was the fi rs t piece of s ta te legis lation in the
nation to order the crea ti on of plans to curb s uburban s prawl and
reduce greenhous e gas em is s ions from trans portation.
As region al agencies a dop t thes e regio nal plans — the m o s t
recent of which was Pla n Bay Area – it’s be com ing m ore a pparent
that the i r im plem entatio n will depend on the funding nee ded to
provide grant incentives for developm ent n ear trans it hubs and the
walking, b i king, and tran s it im provem ents to s upport them .
“The s tate i s finally prom o ti ng regional plan ning for s us tainable
com m un i ti es , but with few res ources to g et the job done,” s aid
Stuart Coh en, Executive D i rector of Trans Form , a s tatew i de
nonprofit that advocates for s us tainable trans portation a nd
hous ing p olicies . “SB 1 will help cities de l i ver walkable, affordable
com m un i ti es with great trans portation op ti ons . What’s m o re, the
bill includ es critical langu age protecting re s idents and s up porting
production of new hom e s affordable to all Californians . SB 1
recognizes that a s ucce s s ful com m unity m us t provide for all its
res idents .”
Jackie Cornejo, director of the Cons tructi on Careers Project at
LAANE (L os Angeles Allian ce for a New Econom y), called SB 1 “an am bi ti ous bill that s eeks to create a w hole new vis ion o f
equitable developm ent fo r every com m u nity i n our s tate.”
“We are ve ry excited to be w orking on a b i l l that will levera ge Los Angeles ’ m as s ive build out of trans it and p rom ote
s us tainab l e developm e nt nearby s o we can all live and pla y near our work, have acces s to g ood jobs and affordable
hous ing,” s he s aid.
Under SB 1, the new SC IAs would be autho rized to utilize ta x increm ent fina ncing for their Su s tainable Com m unities
Inves tm ent Areas , as lon g as certain econo m ic developm ent and planning requirem ents are m et.
The bil l w ould require 25 percent of the age ncies ’ res ou rces to be s pent o n affordable hou s ing for low- and m oderate-
incom e fam ilies , and the y m us t receive ind ependent financial audits eve ry fi ve years . The affordable hous ing com ponent
was n’t in cl uded in a s im ilar propos al to SB 1 that was introduced by As s em blym em ber Luis Alejo, but that le gis lation has
s talled i n the cham ber.
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SB 1 ha s pas s ed the Sena te and will be he ard by an As s em bly com m ittee n ext Wednes d ay. It has backing from a num ber of
environ m e ntal, labor, an d low-incom e advocacy groups , as well as bus ines s as s ociation s , and the Califo rnia As s ociation o f
Realtors .
The bil l has no organized oppos ition thus far, though s o m e l i bertarian acti vis ts have claim ed that Sus tain able Com m unitie s
and SB 1 will lead to m a s s governm ent co nfis cation of ru ral and s uburban land, des pite th e bill’s intent to p rom ote infill
develop m ent ins tead of s prawl. Som e Rep ublican s ena tors have voted a gains t the bill in the Senate, but s i gnificant
oppos ition i n the As s em bly is s een as unlikely.
So, the qu es tion rem ains : w ill Jerry Brown s i gn the bill?
In his veto m es s age of SB 1156 las t year, the governor cla i m ed that the ti m ing was wrong. Redevelopm en t agencies were
s till bein g broken up by his order, s o cre ating s ucces s or a gencies was in appropriate, he arg ued. By this tim e, the m ajority o f
CRAs are s huttered, thou gh not all, s o it rem ains to be s e en whether Bro w n will cite the s am e excus e to exercis e his veto.
The Go ve rnor’s Office ha s refus ed to com m ent on the legis l ation until it rea ches his des k.
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