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HomeMy WebLinkAbout04-13-2011 Planning Commission PacketTable of Contents Agenda 2 March 23, 2011 Draft Minutes 4 APPLICATION ZOA11-0001 (CITY WIDE) Staff Report 6 Resolution 9 Proposed Ordinance Amendments 11 1 CITY OF SARATOGA PLANNING COMMISSION AGENDA DATE: Wednesday, April 13, 2011 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL Commissioners - Chair Mary-Lynne Bernald, Vice-Chair- Douglas Robertson, Pragati Grover, Joyce Hlava, David Reis, Tina K. Walia and Yan Zhao PLEDGE OF ALLEGIANCE ELECTION OF NEW CHAIR MINUTES Action Minutes from the Regular Planning Commission Meeting of March 23, 2011 ORAL COMMUNICATION Any member of the Public will be allowed to address the Planning Commission for up to three 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. ORAL COMMUNICATIONS- PLANNING COMMISSION DIRECTION TO STAFF REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on April 7, 2011 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, pursuant to Municipal Code 15-90.050 (b). All interested persons may appear and be heard at the above time and place. Applicants/Appellants 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. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. PUBLIC HEARING 1. APPLICATION ZOA11-0001 (CITY WIDE) - Application to amend and clarify the Municipal Code to make minor corrections and additions. These changes include modifying restrictions on solar panels to comply with state law, changing the word “adjacent” to “abutting” where it appears in Chapter 15 of the City Code, eliminating the Quasi-Public Facility (QPF) land use definition where it is referenced in the City Code and replacing it with Community Facilities (CFS) as per the 2007 update to the General Plan Land Use Element, and correcting inconsistent time limits with respect to appeals. (Christopher Riordan) DIRECTORS ITEM COMMISSION ITEMS COMMUNICATIONS 2 ADJOURNMENT TO NEXT MEETING - Wednesday, April 27, 2011 at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA 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). POSTING Certificate of Posting of Agenda: I, Abby Ayende, Office Specialist for the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning Commission of the City of Saratoga was posted on April 7, 2011, at the office of the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us If you would like to receive the Agenda’s via e-mail, please send your e-mail address to planning@saratoga.ca.us NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at www.saratoga.ca.us 3 CITY OF SARATOGA PLANNING COMMISSION ACTION MINUTES DATE: Wednesday, March 23, 2011 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL Commissioners - Chair Mary-Lynne Bernald, Vice-Chair- Douglas Robertson, Joyce Hlava, David Reis and Linda Rodgers ABSENT Commissioners Tina K. Walia and Yan Zhao PLEDGE OF ALLEGIANCE MINUTES Action Minutes from the Regular Planning Commission Meeting of March 9, 2011 (Approved, 5:0) ORAL COMMUNICATION Any member of the Public will be allowed to address the Planning Commission for up to three 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. ORAL COMMUNICATIONS- PLANNING COMMISSION DIRECTION TO STAFF REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on March 17, 2011 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, pursuant to Municipal Code 15-90.050 (b). All interested persons may appear and be heard at the above time and place. Applicants/Appellants 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. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. PUBLIC HEARING 1. APPLICATIONS PDR10-0008, VAR10-0001, and GRE10-0002 (503-69-026) Sloan/Chilcoat 21955 Via Regina - Design Review application for a proposed 7,425 square foot new two story home and a 735 square foot secondary dwelling unit at 21955 Via Regina with a request for a Variance for the project to exceed the maximum 16,500 square foot site coverage and a Grading Exception to exceed 1,000 cubic yards of grading. (Christopher Riordan, AICP, Senior Planner) (Approved with new conditions, 5:0) 2. APPLICATION PDR11-0006; T-Mobile/Sutro Consulting; Intersection of Beaumont Avenue and Thelma Avenue(Right-of-way) - The applicant is requesting Design Review approval for a new wireless telecommunication antenna facility. The proposal includes mounting a new cross arm wireless antenna support on an existing 39 foot utility pole. The wireless antenna support would increase the height of the pole to 53 feet. Three panel antennas (3.5 feet tall) would be attached to the antenna support and enclosed in a cylinder structure known as a Radome. Associated antenna equipment would be attached to the lower 4 portion of the utility pole. All proposed antennas, cabinets and miscellaneous equipment would be painted to match the existing pole. The facility is considered a “micro site” because the antennas and associated equipment are smaller in size than a standard wireless facility. The proposed project requires Planning Commission approval per City Code Section 15-12.020 (i). The property is located in the R1-12,500 zoning district. (Michael Fossati) (Approved, 4:1 (Reis)) 3. APPLICATION ASP10-0005 (386-30-039) Saratoga Star Aquatics / Timespace Development, 12230 Saratoga-Sunnyvale Road - The applicant requests Planning Commission approval to install two illuminated wall signs for an existing building located at 12230 Saratoga-Sunnyvale Road. One sign, located on the building façade facing Saratoga-Sunnyvale Road, will be made of internally illuminated pin- mounted channel letters and will spell the words “Saratoga Star Aquatics”. The other sign would be located on the rear façade facing the parking lot and will feature a four square foot circle with the swim center logo. This sign will be mounted on the wall above the entrance door and will be illuminated by a low wattage spotlights. Per Saratoga Municipal Code (SMC) Section 15-30.060 (a), illuminated signs require Planning Commission approval. The site is located in the Commercial-Visitor (CV) Zone District. (Christopher Riordan, AICP) (Approved, 4:1 (Bernald)) 4. APPLICATION PDR10-0015 (510-02-011) Spaulding & Jayam, 15395 Pepper Lane -The applicant is requesting approval of a Design Review application to construct a 4,474 square foot, approximately 24 foot tall, one-story single-family home with a basement. The existing house on the lot will be removed. The site is located in the R-1-40,000 zone district. (Christopher Riordan, AICP) (Approved, 5:0) 5. APPLICATIONS PDR10-0017 / CUP10-0010 / ANX 09-0002 / ZOA 10-0005 / GPA 11-0002; 22480 - 22490 Mt. Eden Rd ( 503-80-003 & 503-80-004); South Thunder (WT Brooks) - Integrated annexation package which consists of seven actions: 1) Final Annexation Approval (including Preannexation Agreement); 2) Parcel Merger; 3) Williamson Act Contract; 4) Agricultural Preserve-Open Space Overlay Zoning Amendment; 5) General Plan Amendment; 6) Conditional Use Permit and Variation from Standards; and 7) Design Review. (Cynthia McCormick, Assistant Planner, AICP) (Approved, 5:0) DIRECTORS ITEM - Service Acknowledgement for Outgoing Commissioner COMMISSION ITEMS COMMUNICATIONS ADJOURNMENT TO NEXT MEETING – ADJOURNED 12:00 AM - Wednesday, April 13, 2011 at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA 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). POSTING Certificate of Posting of Agenda: I, Abby Ayende, Office Specialist for the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning Commission of the City of Saratoga was posted on March 17, 2011, at the office of the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us If you would like to receive the Agenda’s via e-mail, please send your e-mail address to planning@saratoga.ca.us NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at www.saratoga.ca.us 5 REPORT TO THE PLANNING COMMISSION Application No./Location: ZOA11-0002 – Zoning Ordinance Amendment Subject: Amendment to Various Provisions in Chapter 15 of the City Code Location: City Wide Applicant: City of Saratoga Staff Planner: Christopher Riordan, AICP Meeting Date: April 13, 2011 Department Head: Christopher Riordan, AICP RECOMMENDED ACTION: Recommend the Planning Commission approve the attached resolution recommending various clean up amendments to Chapter 15 (Zoning Ordinance) of the Saratoga City Code. BACKGROUND: During the daily review and implementation of the City’s Zoning Ordinance (Zoning Code), 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. Staff maintains a list of proposed Zoning Code changes and periodically proposes clean up amendments to the Zoning Code. At its annual retreat, the City Council requested that the Planning Commission consider clean up amendments and make a recommendation to the City Council. The proposed amendments are not intended to make substantive changes to the Zoning Code. If the Commission determines that a proposed modification would result in a substantive change that requires more focused consideration and broader public discussion, the Commission may request that the change be removed from the proposed ZOA. REPORT SUMMARY The table on the following page is a summary of topics being addressed with the update to the Zoning Code. 1 6 Application No. ZOA11-0002 Topic Current Approach and Problem Proposed Changes Solar Panels City Code Section 15-80.030(f) states that with the approval of the Community Development Director, solar panels not exceeding six feet in height may be located with a rear setback. Staff is proposing to remove the height and setback restriction from the Zoning Code as recent changes to State law preempt Zoning Code requirements limiting installation of solar panels. (Health & Safety Code section 17959.1.) This same State law also restricts cities and counties from requiring Design Review approval or Conditional Use Permits for solar panels. However, this exemption from regulations is not applicable if the Building Official has a good faith belief (based on written standards, policies, or conditions) that the solar energy system could have specific, adverse impact upon public health or safety. In such cases discretionary review would be allowed in accordance with the law. Change the word Adjacent to Abutting City Code Section 15-06.020 defines “Abutting” as having property lines or district lines in common. The Zoning Code does not include a definition for “adjacent”. There are frequent uses of the word “adjacent” in the City Code when referring to properties sharing a common property line. Recent case law has held that the word “adjacent” means “nearby” but not necessarily having a common property line. Staff is proposing to replace the word “adjacent” with “abutting” in those code sections where the use of the word “adjacent” refers to a property sharing a common property line. Change QPF (Quasi- Public Facility) to CFS (Community Facility) During the 2007 update to the City’s Lane Use Element of the General Plan, the Quasi-Public Facilities (QPF) General Plan Designation was changed to Community Facilities (CFS). References to the QPF designation still exist in the Code. Staff is proposing to replace QPF with CFS in the various code sections where QPF is still referenced. Appeal Time Limits City Code Section 15-90.050 (Appeals) states that 10 calendar days is the time limit for filing an appeal to the Planning Commission decision. However, City Code Section 15- 45.065(c) stats that a decision of the Community Developer is appealable to the Planning Commission within 15 calendar days. Staff is proposing to correct this inconsistency by modifying City Code Section 15-90.050 from 10 days to 15 days. ENVIRONMENTAL DETERMINATION: 2 7 Application No. ZOA11-0002 3 The proposed amendments and additions to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3). CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, Staff is recommending amendments to the existing City Code and related sections and additions of provisions and reference appendices to the existing Code; the amendments and additions would have a de minimis impact on the environment. FISCAL IMPACT(S): There are no negative fiscal impacts associated with the approval of the proposed ordinance. ALTERNATIVE ACTION(S): None FOLOW UP ACTIONS(S): As directed. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting was properly posted and published in the Saratoga News on 30 March 2011. The Saratoga News is a newspaper having general circulation in the City. Staff has not received any negative comments on the proposed amendments as of the writing of this staff report. ATTACHMENTS: 1. Resolution recommending that the City Council approve the Negative Declaration and proposed amendments to Chapter 15 Zoning Regulations. 2. Proposed Ordinance Amendments 8 CITY OF SARATOGA PLANNING COMMISSION RESOLUTION NO: 11-0009 Application ZOA11-0002 City of Saratoga The City of Saratoga Planning Commission finds and determines as follows with respect to the above-described application: I. Project Summary During the daily review and implementation of the City’s Zoning Ordinance (Zoning Code), 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 Saratoga Municipal Code Articles 15-06, 15-12, 15-18, 15-19, 15-80, and 15-90 as more specifically shown in Attachment A. The foregoing work is described as the “Project” in this Resolution. II. Planning Commission Review On April 13, 2011 the Planning Commission held a duly noticed Public Hearing on the Project 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 Project, the Staff Report on the Project, correspondence, presentations from the public, and all testimony and other evidence presented at the Public Hearing. III. Environmental Review The proposed amendments and additions to the City Code are 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. IV. Project Recommendation 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 Saratoga Municipal Code sections 15-06, 15-12, 15-18, 15-19, 15-80, and 15-90 as indicated on Attachment A. - Continued next page - 9 2 Application No. ZOA11-0002 PASSED AND ADOPTED by the City of Saratoga Planning Commission this 13th day of April 2011 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Chair, Planning Commission ATTEST: ___________________________________ Christopher Riordan, AICP Secretary to the Planning Commission Attachment A – Proposed Zoning Code Amendments 10 Amendments to Saratoga City Code Chapter 15 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 (e.g. strikeout). Text in standard font remains unchanged. ARTICLE 15-06 DEFINITIONS 15-06.090 - Basement. "Basement" means a space in a structure that is partly or wholly below grade and where the vertical distance from grade to a finished floor directly above such space is less than or equal to forty-two inches. (See Figure 1a) If the finished floor directly above the space is more than forty-two inches above grade at any point along the perimeter, such space shall be considered a story, and the entire space shall be included in the calculation of floor area. This requirement applies to all lots, with the exception of hillside lots. On hillside lots, as defined in Section 15-06.420(e), only the portion of space where the vertical distance of the finished floor directly above such space is more than forty-two inches above grade shall be counted as floor area and considered a story. The number of stories measured vertically at any given point shall not exceed the maximum number of stories allowed in each zoning district. (See Figure 1b) However, if the vertical distance of the finished floor above the space is not more than forty-two inches above grade for at least eighty percent of area of such space, then the entire space is a basement that shall not be included in the calculation of gross floor area and shall not be considered a story. (See Figure 1c) 1 11 As used herein, the term "grade" shall mean either the natural grade or finished grade immediately adjacent to the exterior walls of the structure, whichever is lower. The Community Development Director shall make the determination for sites where it is unclear as to which is the natural and which is the finished grade. Basements are subject to the requirements of Section 15-80.035. 15-06.341 - Height of fences. "Height of fences" means a vertical line from the highest point of the fence (including lattice or similar material), to a point directly below at either the natural grade or the finished grade, at the owners choice. Where there are differences in grade between adjacent abutting properties, the fence height is measured from the property with the higher grade unless a different measurement standard applies pursuant to another section of this Code. ARTICLE 15-12 SINGLE-FAMILY RESIDENTIAL DISTRICTS (a) No single-family dwelling shall exceed twenty-six feet in height and no other type of main structure shall exceed thirty feet in height. Exceptions to these limitations may be approved pursuant to a Use Permit and Design Review issued in accordance with Article 15-55 of this Code if the additional height is necessary in order to adhere to a specific architectural style. The additional height may only be granted on residentially zoned parcels exceeding twenty thousand square feet. The Staff and Planning Commission will use the "A Field Guide to American Houses" and other resource material approved by the Planning Commission as resources documents to assess the purity of architectural design. (b) No accessory structure shall exceed fifteen feet in height; provided, however, the Planning Commission may approve of an accessory structure extending up to twenty feet in height if the Commission finds and determines that: (1) The additional height is necessary in order to establish architectural compatibility with the main structure on the site; and (2) The accessory structure will be compatible with the surrounding neighborhood. (c) No structure shall exceed two stories, except that pursuant to a use permit issued under Article 15-55 of this Chapter, a three-story structure may be allowed for an institutional facility located upon a site designated for quasi-public facilities (QPF) community facilities (CFS) in the 2 12 General Plan, where the average slope underneath the structure is ten percent or greater and a stepped building pad is used. ARTICLE 15-18 PROFESSIONAL AND ADMINISTRATIVE OFFICE DISTRICT 15-18.080 Front, side, and rear setback areas. (a) Front setback area. The minimum front setback area of any lot in a P-A district shall be twenty-five feet from the front lot line. (b) Side setback area. The minimum side setback area of any lot in a P-A district shall be ten percent of the average width of the site; provided, that a side setback area of more than twenty-five feet from the applicable side lot line shall not be required and a side setback area of less than ten feet from the applicable side setback area shall not be permitted, subject to the following exceptions: (1) The exterior side setback area of a corner lot shall be not less than fifteen feet from the exterior side lot line. (2) One foot shall be added to an interior side setback area for each two feet of height or fraction thereof by which a portion of a structure within thirty feet of the side lot line for such setback area exceeds fourteen feet in height; provided, that an interior side setback area of more than thirty feet from the interior side lot line shall not be required. (c) Rear setback area. The minimum rear setback area of any lot in a P-A district shall be twenty-five feet from the rear lot line, subject to the following exceptions: (1) One foot shall be added to the minimum rear setback area for each two feet of height by which a structure exceeds fourteen feet in height. (2) Where a rear setback area is adjacent abutting to property within an A, R-1, HR, or R-M district, the minimum rear setback area shall be thirty-five feet from the rear lot line 15-18.100 - Screening, landscaping and fencing. (a) Where a P-A site is adjacent abutting to an A, R-1, HR, or R-M district, a solid fence, vine- covered fence or compact evergreen hedge six feet in height shall be located on the property line between the two districts, except in a required front setback area, and an area five feet in depth adjoining such property line shall be landscaped and permanently maintained with plant materials suitable for ensuring privacy, screening unsightliness and insulating adjacent residential properties against noise. (b) Not less than ten feet of the required front setback area shall be landscaped and permanently maintained. (c) Fences, walls and hedges shall comply with the regulations set forth in Article 15-29 of this Chapter. 3 13 ARTICLE 15-19 COMMERCIAL DISTRICTS 15-19.020 - General regulations. The following general regulations shall apply to all commercial districts in the City: (a) Permitted uses. The following permitted uses shall be allowed in any commercial district, unless a use involves the operation of a business providing direct customer service (including, but not limited to, conducting a delivery service) on-site between the hours of 1:00 A.M. and 6:00 A.M., in which event such use may be allowed upon the granting of a use permit in accordance with this code: (1) Retail establishments, except restaurants, markets, delicatessens, and any establishment engaged in the sale of alcoholic beverages. (2) Home occupations, conducted in accordance with the regulations prescribed in Article 15- 40 of this Chapter. (3) Parking lots which comply with the standards for off-street parking facilities as set forth in Section 15-35.020 of this Chapter. (4) Accessory structures and uses located on the same site as a permitted use. (5) Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications, subject to design review under Article 15-46. (b) Conditional uses. The following conditional uses may be allowed in any commercial district, upon the granting of a use permit in accordance with this code: (1) Restaurants. (2) Markets and delicatessens. (3) Any establishment engaged in the sale of alcoholic beverages. (4) Hotels and motels. (5) Bed and breakfast establishments. (6) Institutional facilities. (7) Community facilities. (8) Game arcades. (9) Gasoline service stations on sites abutting Saratoga/Sunnyvale Road, Saratoga/Los Gatos Road or Saratoga Avenue and accessible directly from such arterial road; provided, that all operations except the sale of gasoline and oil shall be conducted within an enclosed structure. (10) Animal establishments, as defined in Section 7-20.010(c) of this Code. All animal establishments shall be subject to the regulations and license provisions set forth in Section 7-20.210 of this Code. 4 14 (11) Public buildings and grounds. (12) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks, transmission lines and cable television facilities. (13) Accessory structures and uses located on the same site as a conditional use. (14) Repealed. (15) Tobacco retailers. All tobacco retailers (as defined in Section 15-80.130 of this Article) shall be subject to the permitting requirements and provisions set forth in Section 15-80.130 of this Article. (c) Expressly prohibited uses. Without limiting the application of Section 15-05.055(a) of this Chapter, the following uses are expressly declared to be prohibited in all commercial districts: (1) Any use which emits air pollutants, solid or liquid wastes, radioactivity, or other discharge which endangers human health or causes damage to animals, vegetation or property. (2) Any use which creates offensive odor, noise, vibration, glare or electrical disturbance, detectable beyond the boundaries of the site, or creates a hazard of fire or explosion. (3) Any use involving drive-through service, such as restaurants and financial institutions with drive-through windows. (4) Any use involving automotive body work, such as collision repair, painting, dismantling or customizing. (5) Mini-storage facilities. (6) Outdoor sales or storage of motor vehicles. (d) Location of building sites. The average natural grade of the footprint underneath any structure shall not exceed thirty percent slope, and no structure shall be built upon a slope which exceeds forty percent natural slope at any location under the structure between two five-foot contour lines, except that: (1) A variance pursuant to Article 15-70 of this Chapter may be granted where the findings prescribed in Section 15-70.060 can be made, and (2) An exception under Article 14-35 of the Subdivision Ordinance may be granted where the findings prescribed in Section 14-35.020 can be made. (e) Setback area. No use shall occupy any required setback area, except fences, walls, hedges, landscaped areas, walks, driveways and parking areas. No required setback area shall be used for a loading area or for storage. (f) Screening, landscaping and fencing. (1) Where a site is adjacent abutting to an A, R-1, HR, R-M or P-A district, a solid wall or fence six feet in height shall be located along the property line between the two districts, except in a 5 15 required front setback area, and an area five feet in depth adjoining such property line shall be landscaped and permanently maintained with plant materials suitable for ensuring privacy, screening unsightliness and insulating adjacent properties against noise. (2) Open storage of materials and equipment shall be permitted only within an area surrounded and screened by a solid wall or fence (with solid gates where necessary) not less than six feet in height; provided, that no materials or equipment shall be stored to a height greater than that of the wall or fence. (3) All outdoor trash containers and garbage areas shall be fully enclosed by a solid wall or fence and solid gates of sufficient height to screen the same from public view. No trash or garbage containers shall be placed or kept within twenty-five feet from the property line of any site occupied by a dwelling unit. An owner or occupant of a commercial establishment shall comply with the requirements of this subsection within sixty days after receiving a directive from the City to do so. (4) Notwithstanding any other provision contained in this subsection (f), the Community Development Director or the Planning Commission may require the installation of a solid fence or wall up to eight feet in height along any property line that abuts a residential district, upon a determination that such fence or wall is necessary to mitigate noise or other adverse impacts of the commercial activity upon the residential use. In the case of an existing commercial development, such fence or wall shall be installed within sixty days after the requirement is imposed by the Community Development Director or the Planning Commission, unless a longer period of time is allowed by the Director or the Commission by reason of extenuating circumstances, including, but not limited to, the installation cost of the new fence or wall, or the value of any existing fence or wall to be demolished, or the cost of removing any existing fence or wall. The design, color and materials of the fence or wall shall be subject to approval by the Community Development Director, based upon a finding that the design, color and materials of the fence or wall will not adversely affect contiguous properties. (5) Required pedestrian open spaces, front setback areas, side setback areas, and not less than fifteen percent of any parking lot area, shall be completely landscaped and permanently maintained. (6) No credit shall be given against any landscaping or open space requirement imposed by this Article by reason of adjacent public parking facilities or public rights-of-way. (7) Whenever screening or landscaping is required by the provisions of this Article, or as a condition of any project approval, the owner or occupant of the property shall keep and maintain such screening and landscaping in good condition and repair. (8) Except as otherwise provided in this subsection (f), fences, walls and hedges shall comply with the regulations set forth in Article 15-29 of this Chapter. (g) Signs. No sign of any character shall be erected or displayed in any C district, except as permitted under the regulations set forth in Article 15-30 of this Chapter. (h) Off-street parking and loading facilities. Except in the case of a site located within and constituting a part of a City parking district, off-street parking and loading facilities shall be provided for each use on the site, in accordance with the regulations set forth in Article 15-35 of this Chapter. 6 16 (i) Design review. All structures shall be subject to design review approval in accordance with the provisions of Article 15-46 of this Chapter. 15-19.030 C-N district regulations. (a) Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) of this Article, the following permitted uses shall also be allowed in a C-N district: (1) Professional and administrative offices. (2) Financial institutions. (3) Personal service businesses. (4) Religious and charitable institutions. (5) Christmas tree and pumpkin sales lots. (b) Conditional uses. In addition to the conditional uses listed in Section 15-19.020(b) of this Article, the following conditional uses may also be allowed in a C-N district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter. (1) Mixed-use development conforming to the design standards found in Article 15-58. (2) Medical offices and clinics. (c) Site area. The minimum net site area of any lot in a C-N district shall be ten thousand square feet. (d) Site frontage, width and depth. The minimum site frontage, width and depth of any lot in a C-N district shall be as follows: Frontage Width Depth 60 feet 60 feet 100 feet (e) Coverage. The maximum net site area covered by structures on any lot in a C-N district shall be sixty percent. (f) Front setback area. The minimum front setback area of any lot in a C-N district shall be ten feet; except that on a site adjacent abutting to and fronting on the same street as, or directly across the street from, an A, R-1, HR, R-M or P-A district, the minimum front setback area shall be fifteen feet. (g) Side and rear setback areas. No side or rear setback areas shall be required for any lot in a C-N district, subject to the following exceptions: (1) On a reversed corner lot abutting a lot in an A, R-1, or HR district, the minimum exterior side setback area shall be not less than one-half of the required front setback area of the abutting lot. (2) Except as otherwise provided in subsection (g)(1) of this Section, on a lot abutting an A, R- 1, or HR district, the minimum side setback area or rear setback area abutting such other district shall be thirty feet. 7 17 (3) On a lot directly across a street or alley from an A, R-1, or HR district, the minimum side setback area or rear setback area adjacent abutting to such street or alley shall be ten feet. Where a side or rear setback area is required under any of the foregoing provisions, one foot shall be added to the required setback area for each one foot of height or fraction thereof by which a structure within thirty feet of the lot line for such setback area exceeds fourteen feet in height. (h) Height of structures. The maximum height of any structure in a C-N district shall be twenty feet. (i) Enclosure of uses. All permitted and conditional uses shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading, gasoline service stations, outdoor dining, nurseries, garden shops and Christmas tree and pumpkin sales lots. (j) Screening, landscaping and fencing. An area not less than five feet in depth along all property lines that abut a street shall be landscaped with plant materials and/or improved with sidewalks or pathways as required by the Planning Commission. All planting materials shall permanently be maintained by the owner or occupant of the site. (k) Alternative standards for multi-family dwellings. Notwithstanding any other provisions of this Section, where multi-family dwellings will be located upon a site, the Planning Commission shall apply for such dwellings the development standards set forth in Article 15-17 of this Chapter. The density of development shall be as determined in each case by the Planning Commission, based upon its finding that: (1) The project will not constitute overbuilding of the site; and (2) The project is compatible with the structures and density of development on adjacent properties; and (3) The project will preserve a sufficient amount of open space on the site; and (4) The project will provide sufficient light and air for the residents of the site and the occupants of adjacent properties. 15-19.035 C-N(RHD) district regulations. (a) Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) and 15- 19.030(a) of this Article, the following permitted uses shall also be allowed in a C-N(RHD) district: (1) Mixed-use development with a minimum residential density of twenty dwelling units per net acre and conforming to the design standards found in Article 15-58. Pursuant to Government Code Section 65583.2(i)) such development shall not constitute a "project" under CEQA. (2) Emergency shelters, transitional housing, and supportive housing for homeless individuals and families. (b) Conditional uses. In addition to the conditional uses listed in Section 15-19.020(b) and 15- 19.030(b) of this Article, the following conditional uses may also be allowed in a C-N(RHD) district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter: (1) Drive-through services. 8 18 (2) Gasoline service stations; provided, that all operations except the sale of gasoline and oil shall be conducted within an enclosed structure. (c) Site area. The minimum net site area of any lot in a C-N(RHD) district shall be ten thousand square feet. (d) Site frontage, width and depth. The minimum site frontage, width and depth of any lot in a C-N(RHD) district shall be as follows: Frontage Width Depth 60 feet 60 feet 100 feet (e) Coverage. The maximum net site area covered by structures on any lot in a C-N(RHD) district shall be eighty percent. (f) Front setback area. The minimum front setback area of any lot in a C-N(RHD) district shall be ten feet; except that on a site adjacent abutting to and fronting on the same street as, or directly across the street from, an A, R-1, HR, R-M or P-A district, the minimum front setback area shall be fifteen feet. (g) Side and rear setback areas. No side or rear setback areas shall be required for any lot in a C-N(RHD) district, subject to the following exceptions: (1) On a reversed corner lot abutting a lot in an A, R-1, or HR district, the minimum exterior side setback area shall be not less than one-half of the required front setback area of the abutting lot. (2) Except as otherwise provided in subsection (g)(1) of this Section, on a lot abutting an A, R- 1, or HR district, the minimum side setback area or rear setback area abutting such other district shall be thirty feet. (3) On a lot directly across a street or alley from an A, R-1, or HR district, the minimum side setback area or rear setback area adjacent abutting to such street or alley shall be ten feet. Where a side or rear setback area is required under any of the foregoing provisions, one foot shall be added to the required setback area for each one foot of height or fraction thereof by which a structure within thirty feet of the lot line for such setback area exceeds fourteen feet in height. (h) Height of structures. The maximum height of any structure in a C-N(RHD) district shall be thirty feet. (i) Enclosure of uses. All permitted and conditional uses shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading, gasoline service stations, outdoor dining, nurseries, garden shops and Christmas tree and pumpkin sales lots. (j) Screening and landscaping. An area not less than five feet in depth along all property lines that abut a street shall be landscaped with plant materials and/or improved with sidewalks or pathways as required by the Planning Commission. All planting materials shall permanently be maintained by the owner or occupant of the site. 9 19 (k) Alternative standards for multi-family dwellings. Notwithstanding any other provisions of this Section, where multi-family dwellings will be located upon a site, the project shall comply with the development standards set forth in Article 15-17 of this Chapter. The density of development above twenty dwelling units per net acre shall be as determined in each case by the Planning Commission, based upon its findings that: (1) The project will not constitute overbuilding of the site; and (2) The project is compatible with the structures and density of development on adjacent properties; and (3) The project will preserve a sufficient amount of open space on the site; and (4) The project will provide sufficient light and air for the residents of the site and the occupants of adjacent properties. 15-19.040 C-V district regulations. (a) Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) of this Article, the following permitted uses shall also be allowed in a C-V district: (1) Professional and administrative offices. (2) Financial institutions. (3) Personal service businesses. (b) Conditional uses. In addition to the conditional uses listed in Section 15-19.020(b) of this Article, the following conditional uses may also be allowed in a C-V district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter: (1) Religious and charitable institutions. (2) Mixed-use development conforming to the design standards found in Article 15-58. (3)Medical offices and clinics. (4) Mortuaries. (5) Theaters. (6) Automobile upholstering shops, provided all operations are conducted within an enclosed structure. (c) Site area. The minimum net site area of any lot in a C-V district shall be ten thousand square feet. (d) Site frontage, width and depth. The minimum site frontage, width and depth of any lot in a C-V district shall be as follows: Frontage Width Depth 60 feet 60 feet 100 feet 10 20 (e) Coverage. The maximum net site area covered by structures on any lot in a C-V district shall be sixty percent. (f) Front setback area. The minimum front setback area of any lot in a C-V district shall be ten feet; except that on a site adjacent abutting to and fronting on the same street as, or directly across the street from, an A, R-1, HR, R-M or P-A district, the minimum front setback area shall be fifteen feet. (g) Side and rear setback areas. The minimum side setback area of any lot in a C-V district shall be ten feet and the minimum rear setback area of any lot in a C-V district shall be thirty feet, subject to the following exceptions: (1) One foot shall be added to the minimum side setback area for each one foot of height or fraction thereof by which a portion of a structure within thirty feet of the side lot line for such setback area exceeds fourteen feet in height. (2) One foot shall be added to the minimum rear setback area for each one foot of height or fraction thereof by which a portion of a structure within sixty feet of the rear lot line for such setback area exceeds fourteen feet in height. (3) On a corner lot, the minimum exterior side setback area shall be twenty feet. (h) Height of structures. The maximum height of any structure in a C-V district shall be twenty feet. (i) Screening, landscaping and fencing. (1)An area not less than ten feet in depth along all property lines that abut a street shall be landscaped with plant materials and/or improved with sidewalks or pathways as required by the Planning Commission. All planting materials shall permanently be maintained by the owner or occupant of the site. (2) A use not conducted within a completely enclosed structure shall be screened by a solid wall or fence, vine-covered fence or compact evergreen hedge (with solid gates where necessary) not less than six feet in height. This requirement shall not apply to off-street parking and loading areas, gasoline service stations, outdoor dining areas, nurseries, garden shops, and Christmas tree and pumpkin sales lots. (j) Alternative standards for multi-family dwellings. Notwithstanding any other provisions of this Section, where multi-family dwellings will be located upon a site, the Planning Commission shall apply for such dwellings the development standards set forth in Article 15-17 of this Chapter. The density of development shall be as determined in each case by the Planning Commission, based upon its finding that: (1) The project will not constitute overbuilding of the site; and (2) The project is compatible with the structures and density of development on adjacent properties; and (3) The project will preserve a sufficient amount of open space on the site; and 11 21 (4) The project will provide sufficient light and air for the residents of the site and the occupants of adjacent properties. ARTICLE 15-29 FENCES AND HEDGES Sections: 15-29.010 - Height restrictions. 15-29.020 - Fencing within hillside districts. 15-29.030 - Fencing adjacent to commercial districts. 15-29.040 - Fencing to mitigate noise from certain arterial streets. 15-29.050 - Fencing adjacent to scenic highways. 15-29.060 - Barbed wire and electrified wire prohibited. 15-29.070 - Fences adjacent to heritage lanes. 15-29.080 - Exemption for agricultural uses. 15-29.090 - Fence exceptions. 15-29.100 - Existing legal nonconforming fences, pilasters, entryway trellises. 15-29.010 Height restrictions. (a) General regulations. A building permit shall be required for any fence more than six feet in height (including lattice or similar material). Height maximums and permitted materials for fences shall be as follows: (1) Solid fences. Except as otherwise specified in this Article, no solid fence shall exceed six feet in height. However, up to two feet of lattice (or similar material) that is at least twenty-five percent open to the passage of light and air may be added to the top of a solid fence. A solid fence taller than six feet shall not be permitted unless approved by the Planning Commission through the exception process detailed in [section] 15-29.080, or approved by the Community Development Director pursuant to sections 15-29.030, 15-29.040, or 15-29.050 of this Chapter. (2) Open fences. Except as otherwise specified in this Article, open fencing, such as wrought iron, wire material, split rail, chain link, or other similar fencing shall not exceed eight feet in height. With the exception of chain link fencing, open fencing shall have openings sufficient to allow the unobstructed passage of a sphere having a diameter of four inches. For chain link fencing, the opening shall be two inches at minimum and no slats are allowed in any opening. (b) Front setback area. No fence located within any required front setback area shall exceed three feet in height. (c) Exterior side setback area of reversed corner lots. No fence located within any required exterior side setback area of a reversed corner lot shall exceed three feet in height. (d) [Exceptions.] The height limitations do not apply to the following circumstances: (1) Wrought iron entrance gates within the front setback area, designed with openings to permit visibility through the same, may extend to a height not exceeding five feet, and shall be located a minimum of twenty feet from the edge of street pavement. 12 22 (2) Safety railings that are required by the California Building Code shall be excluded from the height requirements of this Section. (3) Pedestrian entryway elements, such as arbors and trellises, when attached to a fence within a front setback area or within an exterior side setback area, may be permitted to a maximum height of eight feet, a maximum width of five feet, and a maximum depth of five feet. (4) On any lot where the front setback area, or a portion thereof, of the subject property: (1) does not have street frontage as defined by Article [Section] 15-06.290; and (2) the front lot line, or a portion thereof, of the subject property abuts the side or rear setback area of an adjacent abutting property, the maximum permitted fence height for a side or rear setback area shall be permitted within the front setback area of the subject property where it abuts the side or rear setback area of an adjacent abutting property. (e) Street intersections. No fence, hedge, retaining wall, entryway element, pilaster, gate, or other similar element located within a triangle having sides fifty feet in length from a street intersection, as measured from intersecting curblines or intersecting edges of the street pavement where no curb exists, shall exceed three feet in height above the established grade of the adjoining street. (f) Driveway intersections. No fence, hedge, retaining wall, entryway element, pilaster, gate, or other similar element located within a triangle having sides twelve feet in length from either side of a driveway where it intersects with edge of pavement shall exceed three feet in height above the established grade of the adjoining street. Protected trees described in section 15-50.050 of this Code are not subject to this requirement. (g) Vehicular obstructions. No fence, hedge, retaining wall, entryway element, or any other similar element shall constitute an obstruction as provided for in City Code Section 10- 05.030. (h) Recreational courts. Fencing around recreational courts shall comply with the regulations contained in Section 15-80.030(c) of this Chapter. (i) Pilasters. Pilasters constituting a part of a fence, in reasonable numbers and scale in relationship to the nature and style of the fence, may extend to a height of not more than two feet above the height limit applicable to the fence containing such pilasters, but in no case shall the 13 23 height of pilasters exceed eight feet. If pilasters within the front setback area are attached to a wrought iron entrance gate, the pilasters are permitted to a maximum height of seven feet. (j) Light fixtures. The height of a fence shall not include light fixtures mounted thereon at the entrance of driveways and sidewalks leading into a site. Not more than two such light fixtures shall be installed at each driveway and sidewalk entrance. (k) Swimming pool fences. Fences required for swimming pools are governed by City Code Sections 16-75.010 and 15-29.020(e). (l) Retaining walls. No retaining wall shall exceed five feet in height. Notwithstanding the foregoing, no retaining wall located in a front or exterior side setback area shall exceed three feet in height. ARTICLE 15-80 MISCELLANEOUS REGULATIONS AND EXCEPTIONS 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. (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 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. 14 24 (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 located no closer than six feet from the rear property line 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 the rear property line 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, free-standing 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. 15 25 (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. Subject to approval by the Community Development Director, solar panels not exceeding six feet in height may be located within any portion of a rear setback area. (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 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 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 16 26 17 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 any required front, side or rear setback 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. ARTICLE 15-90 APPEALS (a) The notice of an appeal to the Planning Commission shall be filed, together with payment of the filing fee, within ten fifteen days after the date on which the administrative determination or decision is rendered. (b) The notice of an appeal to the City Council shall be filed, together with payment of the filing fee, within fifteen days after the date on which the decision by the Planning Commission is rendered. 27