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HomeMy WebLinkAboutOrdinance 399, Amending Ch 14 (Subdivisions) and Ch 15 (Zoning Regulations) of Saratoga Municipal Code, including Zoning Map, to implement 23-31 Housing ElementORDINANCE NO. 399 AN ORDINANCE AMENDING CHAPTER 14 (SUBDIVISIONS) AND CHAPTER 15 (ZONING) OF THE SARATOGA CITY CODE TO IMPLEMENT THE 2023-2031 HOUSING ELEMENT AND MAKE MINOR CORRECTIONS, AND AMENDING THE SARATOGA ZONING MAP TO IMPLEMENT THE 2023-2031 HOUSING ELEMENT The City Council of the City of Saratoga finds that: 1. State Housing Element Law (Government Code Sections 65580 et seq.) requires that the City of Saratoga (the City) adopt a housing element for the eight-year period 2023-2031 to accommodate the regional housing need allocation (RHNA) of 1,712 housing units assigned to the City by the Association of Bay Area Governments, including 454 units affordable to very-low income households, 261 units affordable to low-income households, 278 units affordable to moderate-income households, and 719 units affordable to above moderate-income households. 2. State Housing Element Law also requires that the City rezone properties as required to make sites available with appropriate zoning and development standards to accommodate the portion of the City regional housing need for each income level that cannot be accommodated on sites under existing City zoning. 3. The City's 2023-2031 Housing Element Update (Housing Element Update) identifies those properties proposed for rezoning to accommodate the City's regional housing need. 4. To implement the 2023-2031 Housing Element Update, the City desires to make amendments to the Saratoga Municipal Code that would: (1) amend Chapter 14 (Subdivisions) and Chapter 15 (Zoning Regulations), as shown in Attachment 1 to this Ordinance to implement Housing Element Update Programs 1.1-1, 1.2-1, 1.2-4, 1.2-5, 1.2- 6, 3.1-3, 3.1-6, 3.2-1, 3.2-2, 3.2-3, 3.2-4, 3.2-5, 3.2-6, 3.2-7, 3.2-8, 3.3-1, 4.3-4, 4.4-1; and (2) amend the City of Saratoga Zoning Map as shown in Attachment 2 to this Ordinance to accommodate the City's regional housing need for all income levels. 5. The Saratoga Municipal Code imposes fees on subdivisions as authorized by the Quimby Act, Government Code section 66477. Multifamily development projects that do not require subdivisions are presently not subject to such fees. In adopting the Quimby Act, the Legislature set a standard of five acres of park area per 1,000 residents. To ensure that that the City meets this goal and to ensure that the burden of doing so is shared fairly by the varying types of development anticipated in the coming years, the City seeks to provide that all multifamily residential projects contribute appropriately to the provision of neighborhood or community park or recreational facilities. This Ordinance therefore includes an amendment adding a Section 15-58.020(h) to the Saratoga Municipal Code requiring multi-family projects to dedicate a portion ofland and/or pay a fee in lieu for the purpose of providing park or recreational facilities reasonably related to serving the development project. The fees collected and land dedicated pursuant to this amendment will be used as provided in Section 14-25.080(d) of the Saratoga Municipal Code. Ordinance 3 99 Page 2 6. In adopting the Quimby Act, the Legislature determined that there is a reasonable relationship between residential density and the provision of neighborhood or community park or recreational facilities. In adopting the Quimby Act, the Legislature also determined that there is a reasonable relationship between demand for neighborhood or community park or recreational facilities and residential density. 7. On February 14, 2024, the Planning Commission held a duly noticed public hearing consistent with Section 15-85.050 of the Saratoga Municipal Code and considered the Municipal Code amendments to Chapter 14 (Subdivisions) and Chapter 15 (Zoning Regulations), including the amendment to the City's Zoning Map proposed in this Ordinance; as well as the 2023-2031 Housing Element Update and associated proposed updates to the City's General Plan to create new mixed-use land use designations and change land use designations of certain sites in the Housing Element Update's Housing Sites Inventory, the Safety Element Update, and the 2040 General Plan Update (collectively, the "Project"), supporting documents, the associated Final Environmental Impact Report, and all testimony and other evidence presented at the public hearing; and recommended that the City Council adopt the Municipal Code amendments, the proposed Housing Element Update and other proposed General Plan updates, and certify the Final Environmental Impact Report. 8. On March 20, 2024, the City Council held a duly noticed public hearing consistent with Section 15-85.080 of the Saratoga Municipal Code to consider introduction of this proposed Ordinance; adoption the 2023-2031 Housing Element Update and associated proposed updates to the City's General Plan to create new mixed-use land use designations and change land use designations of certain sites in the Housing Element Update' s Housing Sites Inventory, the Safety Element Update, and the 2040 General Plan Update; and certification of the associated Final Environmental Impact Report. 9. After considering all testimony and written materials provided in connection with that March 20, 2024 hearing, the City Council certified the Final Environmental Impact, and adopted CEQA Findings and a Statement of Overriding Considerations for impacts that were found to be significant and unavoidable, adopted and incorporated into the Project all of the mitigation measures for the Project, directed the City Manager to file a Notice of Exemption as to those portions of the Ordinance outside the scope of the Project. and adopted the Mitigation Monitoring and Reporting Program; adopted the 2023-2031 Housing Element Update, Safety Element Update, and the 2040 General Plan Update; and introduced this Ordinance and waived the reading thereof. 10. The City Council adopted this Ordinance at a duly noticed regular meeting on April 3, 2024. Ordinance 399 Page 3 Therefore, the City Council of the City of Saratoga hereby ordains as follows: Section 1. Adoption. Chapter 14 (Subdivisions) and Chapter 15 (Zoning) of the Saratoga City Code is amended as set forth in Attachment 1. 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. Text in italics ( e.g., italics) is descriptive only and is not part of the amendments to the City Code. The City of Saratoga Zoning Map, as defined in Section 15-06.740 of the Saratoga Municipal Code and as incorporated into the Saratoga Municipal Code by reference described in Section 15-10.020 of the Saratoga Municipal Code, is amended as set forth in Attachment 2. Section 2. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub- section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 3. California Environmental Quality Act The Environmental Impact Report described in the Findings above identifies the significant environmental impacts of the Project, which includes this Ordinance, identifies feasible alternatives, and indicates the manner in which the significant impacts of the Project can be reduced or avoided. On March 20, 2024, the City Council certified the Final Environmental Impact for the Project, and adopted CEQA Findings and a Statement of Overriding Considerations for impacts that were found to be significant and unavoidable, adopted and incorporated into the Project all of the mitigation measures for the Project, and adopted the Mitigation Monitoring and Reporting Program. Where this Ordinance makes minor zoning corrections that are outside of the scope of the Project, those amendments to the Saratoga Municipal Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3). CEQA applies only to projects which have the potential of causing a significant effect on the environment. Under Section 15061(b)(3), 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. The minor zoning corrections that are outside of the Project's scope will not have a significant adverse effect on the environment and are therefore exempt from CEQA and staff is directed to file a Notice of Exemption. Ordinance 399 Page 4 Section 4. Publication. A summary of this ordinance shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. Following a duly noticed public hearing the foregoing ordinance was introduced at the regular meeting of the City Council of the City of Saratoga held on the 20 111 day of March 2024 , and was adopted by the following vote on April 3 , 2024. AYE S: COUNCIL M EMBERS FITZSIMMONS , PAGE, WALIA , VICE MAYOR AFT AB , MAYOR ZHAO NOES : NONE ABSENT: NONE ABSTAIN: NONE ATTE ST : Lkt Jkt: Britt Avrit, MMC , City Clerk APPROVED AS TO FORM: Richard Taylor CITY ATTORNE Y ~-- Yan Zhao , Mayor DATE : ---------- Ordinance 3 99 Page 5 Attachment 1 -Amendments to Chapter 14 (Subdivisions) and Chapter 15 (Zoning) of the Saratoga Municipal Code to Implement the Programs of the 2023-2031 Housing Element and Make Minor Corrections CHAPTER 14: SUBDIVISIONS 14-05.030 -Conformity with Gen~ral Plan and Zoning Ordinance. (a) Nothing contained in this Chapter, nor any act or forbearance done or permitted hereunder, shall waive or relieve compliance with any other ordinance of the City. Neither final map approval shall be granted for any lot, site or subdivision which is not in conformity with the Zoning Ordinance as contained in Chapter 15 of this Code, or which has been or is created in violation of such Zoning Ordinance, or which is not consistent with the General Plan or any applicable specific plan, or for any intended use which would not be in conformity with the district regulations in which said lot, site or subdivision lies at the time of final approval. (b) The advisory agency may, but need not, tentatively approve a map for lot sizes or uses contrary to existing zoning regulations governing the lot, site or subdivision, in contemplation of a change in zoning regulations to make such lots or uses conform therewith, but only after recommending such change to the City Council after public hearing thereon in accord with the Zoning Ordinance, and so long as it is still consistent with the General Plan and any applicable specific plan. Any such tentative approval shall be at the sole risk of the subdivider or owner, and shall not become binding on the City for any purpose unless and until such change in zoning regulations is legally and finally adopted. (c) Any approval required under this Chapter shall be conditioned upon compliance with all applicable City ordinances. regulations. and policies. including without limitation all applicable mitigation measures adopted in connection with environmental review of the proposed proiect or applicable plans. Ordinance 3 99 Page 6 CHAPTER 15: ZONING REGULATIONS Article 15-05 -General Provisions 15-05.040 -Compliance with regulations. (a) No land shall be used, and no building or structure shall be erected, constructed, enlarged, altered, moved, or used in any district as shown on the zoning map except in conformity with the regulations for such district as established in this Chapter. (b) Any approval required under this Chapter shall be conditioned upon compliance with all applicable City ordinances. regulations. and policies. including without limitation all applicable mitigation measures adopted in connection with environmental review of the proposed proiect or applicable plans. Article 15-06 -Definitions 15-06.121 Building Frontage. "Building frontage" means the lineal dimension. parallel to the ground. of a building elevation that directly faces a right-of-way. 15-06.200 Dooryard. "Dooryard" means a type of building entry that provides a limited amount of private open space at the primary entrance. The dooryard area is defined by a low wall. planter or fence that provides a buffer between the right-of-way and the building while preserving a sense of openness to the building entrance. 15-06.240 -Dwelling. "Dwelling" means a permanent building, or a portion of a permanent building used as the personal residence of the occupants thereof, excluding trailers, campers, recreational vehicles, hotels, motels, bed and breakfast establishments, tents and temporary structures. (a) Dwelling unit means a room or group of rooms including living, sleeping, eating, cooking and sanitation facilities, constituting separate and independent housekeeping units, occupied or intended for occupancy by one family on a permanent basis and having not more than one kitchen. (b) Single-family dwelling means a dwelling unit constituting the only main structure upon a single building site. (c) Multi-family dwelling means a structure or site containing more than one dwelling unit, designed for occupancy by more than one family living independently of each other, and doing their own cooking in the building. However, a single-family dwelling and a lawful accessory dwelling unit located upon the same site shall not be deemed a multi-family dwelling. (d) Accessory dwelling unit means an attached or detached residential dwelling unit, built or legalized pursuant to this Chapter, which provides complete independent living facilities for one or more persons, including permanent provisions for living, cooking, sleeping and sanitation and that meets all requirements set forth in Article 15-56. An accessory dwelling unit also includes the following: (1) An accessory dwelling unit that is an efficiency unit, as defined in Health and Safety Code Section 17958.1. (2) An accessory dwelling unit that is a manufactured home, as defined in Health and Safety Code Section 18007. Ordinance 3 99 Page 7 (e) Junior accessory dwelling unit is a unit that is no more than 500 square feet in size, and contained entirely within the walls of an existing or proposed single-family dwelling or accessory stntcture, and that meets all requirements set forth in Article 15-56. For purposes of this subsection. attached garages are considered a part of the existing or proposed single-family dwelling. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. 15-06.251 Emergency shelter. (a) "Emergency shelter, permanent" means a permanently operated facility that provides people shelter with minimal supportive services for a time period not exceeding six months per person per year. (b) "Emergency shelter, rotating" means a facility that, for a time period not exceeding a total of three months per year per location, provides people shelter with minimal supportive services. Both permanent and rotating emergency shelters may include other interim interventions. including. but not limited to. a navigation center. bridge housing. and respite or recuperative care. 15-06.253 Employee Housing. "Employee housing." means any portion of any housing accommodation. or property upon which a housing accommodation is located. if both of the following factors exist: Ill The accommodations consists of living quarters or other housing accommodations. maintained in one or more buildings or one or more sites. and the premises are provided for employees by the employer: and /2} The accommodations are maintained in connection with any work or place where work is being performed. whether or not rent is involved. The definition of employee housing is as otherwise defined by California Health and Safety Code§ 17008 as it may be amended from time to time. 15-06.328 Group Home. "Group home" means housing operating as a single residence shared by unrelated persons with disabilities that provide peer and other support for their residents' disability-related needs and in which residents share cooking. dining. and living areas. Groups homes are distinguished from Supportive Housing and Transitional Housing. which uses are defined by Government Code. There are three (3) types of group homes allowed in Saratoga: Class 1: The group home does not provide licensable services to the residents. Class 2: The group home provides licensable services to six /6) or fewer residents. Class 3: The group home provides licensable services to more than six (6) residents. 15-06.438 Manufactured Home. "Manufactured home" means a structure that was constructed on or after June 15. 1976. is transportable in one or more sections. is eight body feet or more in width. or 40 body feet or more in length. in the traveling mode. or. when erected on site. is 320 or more square feet. is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities. and includes the plumbing. heating. air conditioning. and electrical systems contained therein or as otherwise defined by California Health and Safety Code § 18007 as it may be amended from time to time. 15-06.519 Porch "Porch" means a type of building entry with a set of stairs and raised landing attached to the facade. Porches may be open on two or three sides and may be either engaged within or attached to the front facade. Porches may be covered or uncovered. Ordinance 399 Page 8 15-06.575 Rowhouse "Rowhouse" means a single-family dwelling that shares a party wall with another of the same type placed side-by-side with individual entries along the front and dedicated private open space for each unit. Each unit has its own front access located at the ground floor. Also known as a townhouse or town home. 15-06.595 Shopfront "Shopfront" means a type of building entry typically used for commercial and retail use where the facade is aligned close to the frontage line with the building entrance at the level of the sidewalk. 15-06.645 Stoop "Stoop" means a type of building entry where the facade is set back front the property line by a distance that is generally equal to the depth of the entry stairs and landing: the first story elevated from the sidewalk sufficiently to secure privacy for first-story windows: and the entrance is accessed via an exterior stair and landing and/or ramp. 15-06-665 Street Wall "Street wall" means the wall of a building or portion of a wall facing a right-of-way that is below any required upper-story step-back or angular plane. excluding minor recesses for elements such as doorways or intrusions such as bay windows. 15-06.697 Terrace "Terrace" means a type of building entry where an elevated walkway along the primary facade allows for pedestrian circulation and direct building access to a finished floor above street level. Terraces may serve multiple entrances. Ordinance 3 99 Page 9 Article 15-10 -Establishment of Zoning Districts 15-10.010 Designation of districts. The districts established by this Chapter are depicted on the Zoning Map and are described as follows: (a) A: Agricultural district. (b) R-1: Single-family residential districts, consisting of: R-1-40,000 district R-1-20,000 district R-1-15,000 district R-1-12,500 district R-1-10,000 district (c) HR: Hillside residential district. (d) R-OS: Residential open space district. (e) P-C: Planned community district. (f) R-M: Multi-family residential districts, consisting of: R-M-5,000 R-M-4,000 R-M-3,000 (g) P-A: Professional and administrative office district. (h) C: Commercial districts, consisting of: C-N Neighborhood commercial C-N (Sl Neighborhood commercial (Shopping) C N(RHD) Neighborhood Commercial Residential High Density C-V Visitor commercial CH-1 and CH-2 Commercial historic districts (i) MU-PD: Multiple-use planned development district. (j) E: Equestrian. The equestrian district is an area of the City within which equines may be maintained for private use and commercial or community stables may be maintained. The overlay district is depicted on the equestrian district map. (k) R-1-10,000 single-story overlay district for the Saratoga Woods neighborhood. Any single-story addition or replacement construction shall be limited in height to the height of the contiguous single- story dwellings. The existing two-story dwellings within the Saratoga Woods neighborhood are exempt from the provisions of this single-story limitation. (I) H: Historic resource overlay district showing location of historic landmarks, heritage lanes, and historic districts. (ml M-U: Mixed-use districts. consisting of: MU-MD Mixed-use medium density MU-HD Mixed-use high density Ordinance 399 Page 10 MU-VHD Mixed-use very high density Ordinance 3 99 Page 11 Article 15-11 -A: Agricultural District 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. accessory dwelling units and iunior accessory dwelling units as permitted pursuant to Articles 15-56 and 15-57 of this Chapter. and guest houses, aAel oAe guest house. (c) Raising of field crops, fruit and nut trees, vegetables, horticultural specialties and timber. (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, 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. lil Employee housing consisting of up to thirty-six (36) beds or up to twelve (12) units. (kl Manufactured homes. (I) Group homes. Class 1 and Class 2. Ordinance 399 Page 12 15-11.025 Conditional uses. The following conditional uses may be allowed in the A district. upon the granting of a use permit pursuant to Article 15-55 of this Chapter: {al Group homes. Class 3. Ordinance 3 99 Page 13 Article 15-12 -R-1: Single-Family Residential Districts 15-12.020 Permitted uses. The following permitted uses shall be allowed in the R-1 districts: (a) Single-family dwellings including employee housing for six (6l or fewer employees. (b) Transitional and supportive housing. as defined by Government Code Section 65582. subdivisions (g) and (j) and Low Barrier Navigation Centers. as defined by Government Code Section 65660 as they may be amended from time to time. (c) Accessory structures a Ad uses located OR the same site as a permitted use, iAcludiAg garages a Ad carports, gardeA sheds, greeAhouses, shade structures, recreatioA rooms, home hobby shops, cabaAas, structures for housiAg s·.vimmiAg pool equipmeAt, oAe accessory dwelliAg uAit or oAe guest house. Group homes. Class 1 and Class 2. (d) 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, a Ad oAe accessory dwelling units and eAe junior accessory dwelling units as permitted pursuant to Articles 15-56 and 15-57 of this Chapter. eF and guest house~. (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 restrictions and standards prescribed in Section 15-ll.020(h) of this Chapter. (i) Except as specified in Section 15-12.030, recreational courts, to be used solely by persons resident on the site and their guests. (j) 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. (k) Rotating emergency shelter, provided the following conditions are met: (1) The shelter is located on a property identified as community facilities site on the City's General Plan Land Use map. (2) The number of occupants does not exceed thirty. (3) The hours of operation do not exceed 6:00 P.M. to 8:00 A.M. (4) The operational period for each property does not exceed three months each year. (5) An annual operational plan that has been approved by the City Manager, or his/her designee, and the County Sheriff to be in compliance with the City's administrative guidelines for rotating emergency shelters. City may withdraw approval in the event the plan is not being followed. A rotating emergency shelter may not operate without a City approved annual operational plan. (ll Manufactured homes. Ordinance 399 Page 14 15-12.030 Conditional uses. The following conditional uses may be allowed in the R-1 districts, upon the granting of a use permit pursuant to Article 15-55 of this Chapter: (a) Accessory structures and uses located on the same site as a conditional use. (b) Community facilities. (c) Institutional facilities. (d) Police and fire stations and other public buildings, structures and facilities. (e) Religious and charitable institutions. (f) Nursing homes and day care facilities, in excess of six persons being cared for at the facility. (g) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks and transmission lines. (h) Recreational courts, to be used solely by persons resident on the site and their guests, where the lot is located in an R-1 district that is combined with a P-C district or is part of a planned residential development. (i) Boarding stables and community stables, subject to the regulations prescribed in Section 7-20.220 of this Code. (j) Model homes utilized in connection with the sale of new single-family dwellings in a subdivision, located upon a lot within the same subdivision or, in the discretion of the Planning Commission, upon a lot within another subdivision developed by the applicant, for such period of time as determined by the Planning Commission, not to exceed an initial term of one year and not exceeding a term of one year for each extension thereof. (k) Cemeteries. (I} Group homes. Class 3. 15-12.040 One dwelling unit per site. Not more than one dwelling unit shall be located on each site, except for 0fle accessory dwelling unit~ and eF 0fle junior accessory dwelling unit~ permitted pursuant to Article 15-56 of this Chapter. and additional dwelling unit(sl permitted pursuant to Article 15-57 of this Chapter. 15-12.150 Design review. The construction or expansion of any main or accessory structure in an R-1 district shall comply with the applicable design review regulations set forth in Article 15-45 of this Chapter to the extent not precluded by another section of this Chapter or State Law. Ordinance 3 99 Page 15 Article 15-13 -HR: Hillside Residential District 15-13.030 Permitted uses. The following permitted uses shall be allowed in the HR district: (a) Single-family dwellings including employee housing for six (6) or fewer employees. (b) Transitional and supportive housing. as defined by Government Code Section 65582. subdivisions (gl and (i) and Low Barrier Navigation Centers. as defined by Government Code Section 65660 as they may be amended from time to time. (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, home hobby shops, cabanas, structures for housing swimming pool equipment, and one accessory dwelling unit~, eAe junior accessory dwelling units as permitted pursuant to Articles 15-56 and 15-57 of this Chapter, 0f and guest house~. (d) Raising of vegetables, field crops, fruit and nut trees and horticultu.ral specialties, and the processing of such products as are so raised or grown on the premises. (e) Home occupations, conducted in accordance with the regulations prescribed in Article 15-40 of this Chapter. (f) 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. (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 restrictions and standards prescribed in Section 15-11.020(h) of this Chapter. (i) Public parks, trails and other publicly owned open spaces. (j) 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. (kl Manufactured homes. (I) Group homes. Class 1 and Class 2. 15-13.040 Conditional uses. The following conditional uses may be allowed in the HR district, upon the granting of a use permit pursuant to Article 15-55 or Article 15-56 of this Chapter. The conditional uses listed in subsections (h), (k), (I), (m), and (n) of this Section may be permitted, provided the uses do not create major traffic or noise impacts and are found to be compatible with the immediately surrounding area: (a) Accessory structures and uses located on the same site as a conditional use. (b) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks and transmission lines. (c) Recreational courts, to be used solely by persons resident on the site and their guests. (d) Boarding stables and community stables, subject to the regulations prescribed in Section 7-20.220 of this Code. Ordinance 3 99 Page 16 (e) Model homes utilized in connection with the sale of new single-family dwellings in a subdivision, located upon a lot within the same subdivision or, in the discretion of the Planning Commission, upon a lot within another subdivision developed by the applicant, for such period of time as determined by the Planning Commission, not to exceed an initial term of one year and not exceeding a term of one year for each extension thereof. (f) Stables and corrals for the keeping for private use of more than two horses on a site. The minimum net site area for each horse shall be forty thousand square feet, except that in the equestrian zone only, one additional horse may be permitted for each 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) Plant nurseries, excluding sales of items other than plant materials. (h) Wineries. (i) Cluster development in accordance with Section 15-13.060(c). (j) Community facilities. (k) Institutional facilities. (I) Police and fire stations and other public buildings, structures and facilities. (m) Religious and charitable institutions. (n) Nursing homes and day care facilities. lo) Group homes. Class 3. 15-13.045 One dwelling unit per site. Not more than one dwelling unit shall be located on each site, except for 6fle accessory dwelling unit~ eF-eRe and junior accessory dwelling unit~ permitted pursuant to Article 15-56 of this Chapter and additional dwelling unit(sl permitted pursuant to Article 15-57 of this Chapter. 15-13.150 Design review. The construction or expansion of any main or accessory structure in the HR district shall comply with the applicable design review regulations set forth in Article 15-45 or Article 15-46 of this Chapter to the extent not precluded by another section of this Chapter or State Law. Ordinance 399 Page 17 Article 15-16 -P-C: Planned Combined District 15-16.070 Design review. All structures for multi-family and conditional uses in a planned combined district shall be subject to design review approval pursuant to Article 15-46 of this Chapter to the extent not precluded by another section of this Chapter or State Law. Single-family structures shall be subject to design review approval when otherwise required under the provisions of Article 15-45 of this Chapter to the extent not precluded by another section of this Chapter or State Law. Ordinance 399 Page 18 Article 15-17 -R-M: Multi-Family Residential Districts 15-17.020 Permitted uses. The following permitted uses shall be allowed in the R-M districts: (a) Single-family dwellings including employee housing for six (6) or fewer employees. (b) Multi-family dwellings. (c) Transitional and supportive housing. as defined by Government Code Section 65582. subdivisions (gl and (il and Low Barrier Navigation Centers. as defined by Government Code Section 65660 as those sections maybe amended from time to time. (d) 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. and accessory dwelling units as permitted pursuant to Articles 15-56 and 15-57 of this Chapter. (e) 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. (f) Home occupations, conducted in accordance with the regulations prescribed in Article 15-40 of this Chapter. (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 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-ll.020(h) of this Chapter. (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. (j} Manufactured homes. (kl Group homes. Class 1 and Class 2. 15-17.030 Conditional uses. The following conditional uses may be allowed in the R-M districts, upon the granting of a use permit pursuant to Article 15-55 of this Chapter: (a) Accessory structures and uses located on the same site as a conditional use. (b) Community facilities. (c) Institutional facilities. (d) Police and fire stations and other public buildings, structures and facilities. (e) Religious and charitable institutions. (f) Nursing homes and day care facilities. (g) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks and transmission lines. (h) Recreational courts, to be used solely by persons resident on the site and their guests. (i) Model dwelling units utilized in connection with the sale of dwelling units in a residential subdivision, located within the same subdivision or, in the discretion of the Planning Commission, within another subdivision developed by the applicant, for such period of time as determined by the Planning Ordinance 3 99 Page 19 Commission, not to exceed an initial term of one year and not exceeding a term of one year for each extension thereof. (j) Hotels, in the R-M-3,000 district only. /kl Group homes. Class 3. 15-17.150 Design review. All structures shall be subject to design review approval in accordance with the provisions of Article 15-46 of this Chapter to the extent not precluded by another section of this Chapter or State Law. Ordinance 3 99 Page 20 Article 15-18 -P-A: Professional and Administrative Office District 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. (gl Transitional and supportive housing. as defined by Government Code Section 65582. subdivisions (gl and (jl and Low Barrier Navigation Centers. as defined by Government Code Section 65660 as those sections maybe amended from time to time. (h\ Group homes. Class 1 and Class 2 15-18.030 Conditional uses. The following conditional uses may be allowed in a P-A district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter: (a) Accessory structures and uses located on the same site as a conditional use. (b) Community facilities. (c) Institutional facilities. (d) Police and fire stations and other public buildings, structures and facilities. (e) Religious and charitable institutions. (f) Nursing homes and day care facilities. (g) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks and transmission lines. (h) Mixed-use development with a maximum residential density of twenty (20) units/acre that conforms Use Developments conforming to the standards Mil<ed Use Design Standards fetloo in Article 15-58. This density shall also apply to any project allowed in this district pursuant to State law. (i) Bed and breakfast establishments. (j\ Group homes. Class 3. 15-18.090 Height of structures. (a) No structure shall exceed thirty ~feet in height unless the structure contains residential units. in which case it shall not exceed thirty-five (35) feet. Ordinance 3 99 Page 21 (b) No structure shall exceed two stories; provided, however, this restriction shall not apply to a structure located within the Village which is found by the approving authority to be compatible with existing structures and the natural environment. This restriction shall not apply to structures that contain residential units. in which case it shall not exceed three {3) stories. Ordinance 3 99 Page 22 Article 15-19 -C: Commercial Districts 15-19.020 General regulations. The following general regulations shall apply to all commercial districts in the City: (i) Design review. All structures shall be subject to design review approval in accordance with the provisions of Article 15-46 of this Chapter to the extent not precluded by another section of this Chapter or State Law. 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. /6) Transitional and supportive housing. as defined by Government Code Section 65582. subdivisions lg) and (i) and Low Barrier Navigation Centers. as defined by Government Code Section 65660 as they may be amended from time to time. /7) Group homes. Class 1 and Class 2. (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 with a maximum residential density of twenty /20) units/acre that conforms conforming to the eesigfl standards found in Article 15-58. This density shall also apply to any proiect allowed in this district pursuant to State law. (2) Medical offices and clinics. /3) Group homes. Class 3. (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, side, and rear setback areas. For any nonconforming site in the C-N district, as defined in this Chapter, the requirements provided in Section 15-65.040(b) apply to the site. For any conforming site in the C-N district, the minimum setback area requirements in the C-N district, are as follows: (1) 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 abutting 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. Ordinance 399 Page 23 (2) 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: (i) 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. (ii) Except as otherwise provided in subsection (f)(2)(i) 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. (iii) 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 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. (g) Height of structures. The maximum height of any structure in a C-N district shall be twenty~ feet. unless the structure contains residential units. in which case it shall not exceed thirty-five /35) feet and three (3) stories. (h) 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. (i) 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. (j) .0.lterRafr,e staRElaFEIS fer FR1:1IU faFRil 1/ ElwelliRgs. 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 1S 17 of this Chapter. The density of development shall be as determined in each case 13', 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 de·,elopment 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(S) district regulations. (al 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(Sl district: Ill Professional and administrative offices. /2) Financial institutions. /3) Personal service businesses. (4) Religious and charitable institutions. (5) Christmas tree and pumpkin sales lots. (bl Conditional uses. In addition to the conditional uses listed in Section 15-19.020(bl of this Article. the following conditional uses may also be allowed in a C-N(Sl district. upon the granting of a use permit pursuant to Article 15-55 of this Chapter. Ordinance 3 99 Page 24 Ill Medical offices and clinics. (cl Site area. The minimum net site area of any lot in a C-N(Sl district shall be ten thousand square feet. (dl 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 60 feet 100 feet (el Coverage. The maximum net site area covered by structures on any lot in a C-N(Sl district shall be sixty percent. (fl Front. side. and rear setback areas. For any nonconforming site in the C-N(Sl district. as defined in this Chapter. the requirements provided in Section 15-65.040(bl apply to the site. For any conforming site in the C-N(Sl district. the minimum setback area requirements in the C-N(Sl district. are as follows: Ill Front setback area. The minimum front setback area of any lot in a C-N(Sl district shall be ten feet: except that on a site abutting 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. (2) Side and rear setback areas. No side or rear setback areas shall be required for any lot in a C-N(Sl district. subject to the following exceptions: (il 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. Iii} Except as otherwise provided in subsection (0(2Hil 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. (iii} 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 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. lg) Height of structures. The maximum height of any structure in a C-N(S) district shall be twenty (20) feet. (hl 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. (i) 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. 1§ 19,Q~§ C N{RMQ) Elistriet reg1:1latieRs (a) PeFR'litteEI 1:1ses. In addition to the perA'litted 1::1ses listed in Section 1S 19.020(a) and 1S 19.030(a) of this Article, the following perA'litted 1::1ses shall also be allowed in a C N(RHD) district: (1) Mil<ed 1::1se developA'lent with a A'liniA'll::JA'l residential density of thirty dwelling 1::1nits per net acre and conforA'ling to the design standards fo1::1nd in Article 1S S8. P1::1rs1::1ant to GovernA'lent Code Section 6SS83.2(i) an•; design review req1::1ired for s1::1ch developA'lent shall not constit1::1te a "project" 1::1nder GeQA; Ordinance 3 99 Page 25 (2) Permanent emergency shelters, transitional housing, single room occu13ancy builclings, ancl su1313ortive housing for homeless inclivicluals ancl families. (3) Rotating emergency shelters meeting the requirements of Section 1S 12.020(k). (b) CeRElitieRal 1.1ses. In aclclition to the conclitional uses listecl in Section 1S 19.020(b) ancl 1S 19.030(b) of this Article, the following conclitional uses may also be allowecl in a C N(RHD) Elistrict, u13on the granting of a use 13ermit 13ursuant to Article 1S SS of this Cha13ter: (1) Drive through services. (2) Gasoline service stations; 13roviclecl that all 013erations eicce13t the sale of gasoline ancl oil shall be conclucted within an encloses structure. (c) Site aFea. The minimum net site area of any lot in a C N(Rl-lD) Elistrict shall be ten thousancl square feet. (El) Site fFeRtage, wiElth aREI Elepth, The minimum site frontage, wiclth ancl Ele13th of any lot in a C N(RHD) Elistrict shall be as follows: (e) Ce·JeFage. The maicimum net site area covered by structures on any lot in a C N(RHD) district shall be eighty 13ercent. (f) FFeRt, siEle, aREI FeaF setlaaelE aFeas. For any nonconforming site in the C N(RHD) Elistrict, as Elefinecl in this Chapter, the requirements proviclecl in Section 1S 6S.040(b) a1313ly to the site. For any conforming site in the C N(RHD) Elistrict, the minimum setback area requirements in the C N(RHD) Elistrict, are as follows: (1) FFeRt setlaaelE aFea. The minimum front setback area of any lot in a C N(RHD) Elistrict shall be ten feet; eicce13t that on a site abutting ancl fronting on the same street as, or Elirectly across the street from, an A, R 1, HR, R Mor PA Elistrict, the minimum front setback area shall be fifteen feet. (2) SiEle aREI FeaF setlaaek aFeas. No sicle or rear setback areas shall be requires for any lot in a C N(RHD) Elistrict, subject to the following eicce13tions: (i) On a reverses corner lot abutting a lot in an A, R 1, or HR Elistrict, the minimum eicterior sicle setback area shall be not less than one half of the requires front setback area of the abutting lot. (ii) Eicce13t as otherwise 13roviclecl in subsection (f)(2)(i) of tl:lis Section, on a lot abutting ari A, R 1, or HR Elistrict, the miriimum sicle setback area or rear setback area abutting such other district shall be thirty feet. (iii) Ori a lot Elirectly across a street or alley from an A, R 1, or HR district, the miriimum side setback area or rear setback area abuttirig such street or alley shall be ten feet. 1A'here a sicle or rear setback area is required urider ariy of the foregoirig 13rovisioris, orie foot shall be added to the required setback area for each one foot of height or fractiori thereof by ·.vhich a structure withiri thirty feet of the lot lirie for such setback area eicceeds fourteeri feet iA height. (g) Meight ef stFYEtYFes. The maicimum height of ariy structure in a C N(RHD) district shall be thirty five feet. (h) liRelesYFe ef 1.1ses. All permitted arid coriclitiorial uses shall be conclucted eritirely withiA a com13letely ericlosecl structure, eicce13t for off street parkirig aria leasing, gasoline service statioris, outcloor Eliriing, riurseries, garcleri sho13s aria Christmas tree aria 13um13kin sales lots. (i) SeFeeRiRg aREI laRElseapiRg, Ari area riot less thari five feet iA de13th al orig all 13ro13erty liries that abut a street shall be laridscapecl with 13larit materials aria/or imJ3Foved 'Nith sidewalks or 13athways as required by the Plarining Commissiori. All plariting materials shall permarieritly be maintainecl by the owner or occu13arit of the site. Ordinance 399 Page 26 (j) AlterRati'ie staRElarEls fer FRYlti faFRil 1• ElwelliRgs. 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 1S 17 of this Chapter. The density of development above forty dwelling units per net acre shall be as determined in each case by the Planning Commission, based upon its findings that: (1) The project will not constitute overbuilding of the site; and (2) The project is compatible with the structures and density of development on adjacent properties; and (3) The project will preserve a sufficient amount of open space on the site; and (4) The project will provide sufficient light and air for the residents of the site and the occupants of adjacent properties. (k) Qe·,elepFR@Rt staRElarEls fer siRgle reeFR eee1:1paRE'/ h1:1ilEliRgs aREI 1:1Rits. (1) SiRgle reeFR eee1:1paRE',' h1:1ilEliRgs. a. Four square feet of common area per living unit shall be provided, with a minimum of t>.vo hundred square feet in area of interior common space, eiccluding janitorial storage, laundry facilities and common hallways. b. Laundry facilities must be provided in a separate room at the ratio of one washer and one dryer for every twenty units or fractional number thereof, with a least on washer and dryer per floor. c. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO facility. (2) SiRgle reeFR eee1:1paRE',' YRits. a. A unit shall have a minimum size of one hundred fifty square feet and a maicimum of four hundred square feet. b. A unit shall accommodate a maiEimum of t>.vo persons. c. A unit may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full bathroom facility shall have a toilet, sink and bathtub, shower or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences. d. A unit is not required to but may contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator and a stove, range top or oven. A partial kitchen is lacking at least one of these appliances. If a full kitchen is not provided, common kitchen facilities shall be provided with at least one full kitchen per floor. e. Each unit shall have a separate closet. f. All units shall comply with all requirements of the California Building Code. All units shall comply with all applicable accessibility and adaptability requirements. All common areas shall be fully accessible. (3) ManageFRent. a. An SRO building with 10 or more units shall provide a twenty four hour resident manager. An SRO building with less than ten units shall provide a management office. b. A management plan shall be submitted with the development application for a SRO building. The management plan shall address management and operation of the facility, rental procedures, safety and security of residents and building maintenance. (4) Off street parking shall be pro· .. ided consistent with Section 1S 3S 030. Ordinance 399 Page 27 (I) (S) TeAaAey of SRO 1-rnits shall be for Rot less thaA thirty days. (6) AA ei1istiAg strnet1:1re may be eoAverted to aA SRO b1:1ildiAg, eoAsisteAt with the provisioA of this SeetioA. QevelepFReRt staRElanls fer eFRergeRey sl=lelters. (1) Sl=lelter eapaeity. AA emergeAey shelter for homeless persoAs shall eoAtaiA Ao more thaA tweAty beds a Ad shall seri .. e Ao more thaA tweAty persoAs Rightly. The physieal sirn of the shelter shall Rot be larger thaA neeessary for the n1:1mber of persons the shelter serves. (2) ParldRg. On site parking for residents shall be based on one spaee for every fo1:1r beds, and staff parking shall be based OR oAe spaee for eaeh eFAployee OR the mailiFAl:lm staffed shift. (3) bigl=ltiRg. Adeq1:1ate ei<ternal lighting shall be provided for seCl:lrity p1:1rposes. The lighting shall be stationary and desigr:ied, arranged and installed so as to eonfine direet rays onto the premises and to direet light away from adjaeeAt strnet1:1res aAd p1:1blie rights of way. External lighting shall be of intensity eompatible with the neighborhood. (4) QR site waitiRg aREI iRtal~e areas. An interior waiting and intake area shall be provided which contains a miAim1:1m of two h1:1ndred sq1:1are feet. IJVaiting and intake areas may be 1:1sed for other p1:1rposes (ei<el1:1ding sleeping) as needed d1:1ring operations of the shelter. (S) CeFRFR8R faeilities. The emergeney shelter FAay provide one or FAore of the following specifie eommon facilities for ei1cl1:1sive 1:1se of the residents and staff, provided that s1:1ch faeilities do not s1:1bstantially inerease the o•,erall size of the shelter facility: a. b. c. d. Central eooking and dining rooFA. Recreation rooFA. La1:1ndry facilities sized to serve only the oeCl:lpants at the shelter. Other 1:1ses that are considered ancillary to the primary 1:1se s1:1eh as offiee and storage, not to exceed ten percent of the total floor area of the shelter facility, ei1cl1:1sive of the common facilities identified in s1:1bsections (m)(S)a, b, and c above. (6) QR site staff. At least one manager and one s1:1pporting staff member shall be on site d1:1ring all ho1:1rs of operation of the facility. S1:1ch manager and staff member m1:1st be individ1:1als who do not 1:1tilize the shelter's beds or other serviees and who reside off site. (7) See1:1rit 11, Sec1:1rity personnel shall be provided d1:1ring operational ho1:1rs whenever clients are on the site. A seet1rity plan shall be st1bmitted to and st1bjeet to the approval of the Commt1nity Development Department Director prior to isst1ance of a certifieate of oeCl:lpancy. (8) CeREeRtratieR ef 1:1ses. No more than one emergeney shelter shall be permitted within a radit1s of three ht1ndred feet of another emergency shelter. (9) iFRergeRE\' sl=lelter eperatieRs, All emergency shelters shall compliy• with the following req1:1irements: a. b. c. Me1:1rs ef eperatieR. Clients shall only be on site and admitted to the faeility· between S:00 P.M. and 8:00 A.M. beRgtl=I ef sta't·· Each emergeney shelter resident shall be allowed to stay for no more than ninety days (ct1mt1lative, not conseCl:ltive) in a three ht1ndred sil<ty fi. .. e day period. Ei<tensions t1p to a total stay of one h1rndred eighty days in a three ht1ndred sil<ty five day period may be granted by the shelter provider if no alternative ho1:1sing is available. MaRageFReRt plaR. Prior to commencing operation, the shelter operator shall st1bmit a written management plan to the Director of the Commt1nity Development Department which plan shall be st1bject to the Director's approval. The shelter operator shall eomply with the FAanagement Ordinance 3 99 Page 28 plan as approved by the Director and the R'tanagefl'lent plan shall address: hours of operation, adfl'lission hours and process, staff training, neighborhood outreach and privacy, security, resident counseling and treatR'tent, fl'laintenance plans, residency and guest rules and procedures, and staffing needs. d. AFIFIYal repert. The shelter operator shall provide to the Director of the CoR'tR'tunity DevelopR'tent DepartR'tent an annual report of the use of the facility sufficient for the Director to fl'lake a deterfl'lination of coR'tpliance with the City's developR'tent standards for the use. 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. /4) Transitional and supportive housing, as defined by Government Code Section 65582, subdivisions lg) and {jl and Low Barrier Navigation Centers, as defined by Government Code Section 65660 as they may be amended from time to time. (SI Group homes. Class 1 and Class 2. (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 with a maximum residential density of twenty 1201 units/acre that conforms conforR'ting to the ElesigR standards found in Article 15-58. This density shall also apply to any project allowed in this district pursuant to State law. (3) Medical offices and clinics. (4) Mortuaries. (5) Theaters. (6) Automobile upholstering shops, provided all operations are conducted within an enclosed structure. {7\ Group homes. Class 3. (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 (e) Coverage. The maximum net site area covered by structures on any lot in a C-V district shall be sixty percent. (f) Front, side, and rear setback areas. For any nonconforming site in the C-V district, as defined in this Chapter, the requirements provided in Section 15-65.040(b) apply to the site. For any conforming site in the C-V district, the minimum setback area requirements in the C-V district, are as follows: Ordinance 3 99 Page 29 (1) 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 abutting 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. (2) 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: (i) 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. (ii) 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. (iii) On a corner lot, the minimum exterior side setback area shall be twenty feet. (g) Height of structures. The maximum height of any structure in a C-V district shall be twenty (20l_feet. unless the structure contains residential units. in which case it shall not exceed thirty-five (35\ feet and three (3\ stories. (h) 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. (i) .0.lterAati'le staAElarEls fer A<Utlti faFAily ElwelliAgs. ~JotwithstaRdiRg a Ry other pro•,isioRs of this SectioR, where ffl1:.tlti fafflily dwelliRgs will be located 1:.1poR a site, the PlaRRiRg CofflfflissioR shall apply for s1:.1ch dwelliRgs the developffleRt staRdards set forth iR Article 1S 17 of this Chapter. The deRsity of developffleRt shall be as deterffliRed iR each case by the PlaRRiRg CofflfflissioR, based 1:.1poR its fiRdiRg that: (1) The project will Rot c0Rstit1:.1te overb1:.1ildiRg of the site; a Rd (2) The project is cofflpatible with the strnct1:.1res aRd deRsity of developffleRt OR adjaceRt properties; a Rd (3) The project will preserve a s1:.1fficieRt afflo1:.tRt of opeR space OR the site; aRd (4) The project will provide s1:.1fficieRt light a Rd air for the resideRts of the site a Rd the occ1:.1paRts of adjaceRt properties. 15-19.050 C-H 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 the CH-1 and CH-2 districts: (1) Professional, administrative and medical offices and financial institutions, when located either above the street level or at the street level if separated from the street frontage by a retail establishment; and (2) Personal service businesses that are above street level, and personal service businesses that are at street level but do not have primary access from Big Basin Way or across the front lot line; and Ordinance 3 99 Page 30 (3) Tasting rooms, not exceeding four thousand square feet in area, which provide direct customer service on site between the hours of 8:00 A.M. and 11:00 P.M. (4l Transitional and supportive housing. as defined by Government Code Section 65582. subdivisions (gl and ljl and Low Barrier Navigation Centers. as defined by Government Code Section 65660 as they may be amended from time to time. (Sl Group homes. Class 1 and Class 2: (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 the CH-1 and CH-2 districts, upon the granting of a use permit pursuant to Article 15-55 of this Chapter: (1) Professional, administrative and medical offices and financial institutions, when located at street level and having street frontage. (2) Theaters. (3) Religious and charitable institutions. (4) Mixed-use development with a maximum residential density of twenty (20} units/acre that conforms coAforl'l'liAg to the desfgR standards found in Article 15-58. This density shall also apply to any proiect allowed in this district pursuant to State law. (5) Personal service businesses at the street level that have primary access from Big Basin Way or across the front lot line. /6} Group homes. Class 3. (c) Site area. The minimum net site area in each C-H district shall be as follows: District Net Site Area CH-1 5,000 sq. ft. CH-2 7,500 sq. ft. (d) Site frontage, width and depth. The minimum site frontage, width and depth in each C-H district shall be as follows: District Frontage Width Depth CH-1 so ft. so ft. 100 ft. CH-2 so ft. so ft. 100 ft. (e) Coverage; pedestrian open space. (1) In the CH-1 district, the maximum net site area covered by structures shall be eighty percent, except that up to one hundred percent of the site may be covered by structures if, for any structure coverage in excess of eighty percent, an equivalent area on the site is devoted to pedestrian open space. (2) In the CH-2 district, the maximum net site area covered by structures shall be sixty percent. In addition, an area equivalent to not less than twenty percent of the net site area shall be devoted to pedestrian open space. All or any portion of the required front setback area may be used for pedestrian open space. (3) The term "pedestrian open space," as used in subsections (e)(l) and (2) of this Section, means common areas open to the public where pedestrians may walk or gather, such as plazas and arcades, which are designed to be visible and accessible to pedestrians on streets, sidewalks and parking facilities adjacent to the site. Ordinance 3 99 Page 31 (f) Front, side, and rear setback areas. For any nonconforming site in the C-H district, as defined in this Chapter, the requirements provided in Section 15-65.040(b) apply to the site. For any conforming site in the C-H district, the minimum setback area requirements in the C-H district, are as follows: (1) Front setback area. No front setback area shall be required in the CH-1 district. The minimum front setback area of any lot in the CH-2 district shall be fifteen feet. (2) Side setback area. No side setback area shall be required in either the CH-1 or CH-2 district. (3) Rear setback area. No rear setback area shall be required in the CH-1 district. No rear setback area shall be required for any lot in the CH-2 district having a rear lot line that abuts a public right-of-way, public parking district, Saratoga Creek, or the CH-1 district. Where the rear lot line of any lot in the CH- 2 district abuts an A, R-1, HR, or R-M district, the minimum rear setback area shall be thirty feet, plus one foot for each two feet 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. (g) Height of structures. The maximum height of any structure in each C-H district shall be thirty-five (35) feet and three (3) stories.as follows: I :t:. 26 feet. (h) 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, garden shops and outdoor dining. (i) Exceptions to standards for historic structures. The Planning Commission shall have authority to grant exceptions to any of the development standards contained in this Section, without the granting of a variance, if the subject of the application is a structure which has been designated as a historic landmark pursuant to Article 13-15 of this Code, and the Planning Commission finds and determines that: (1) The exception will facilitate preservation of the historic structure; and (2) The application and the proposed exception have been reviewed and approved by the City's Heritage Commission; and (3) The exception will not be detrimental to the use and enjoyment of other properties in the vicinity; and (4) The exception will not adversely affect the movement of vehicular and pedestrian traffic, or the availability of on-street parking, and will not create a hazard to the public safety. (j) Live or recorded music. A commercial establishment may have amplified or acoustic music outside a building upon issuance of an outdoor music permit pursuant to Section 7-30.090(b) or inside a building pursuant to Section 7-30.060(g) without such a permit. Ordinance 3 99 Page 32 Article 15-20 -R-OS: Residential Open Space District 15-20.020 Permitted uses. The following permitted uses shall be allowed in the R-OS district: (a) Single-family dwellings including employee housing for six (6) or fewer employees. No more than one dwelling 1:1nit shall be located on each lot. (b) Transitional and supportive housing. as defined by Government Code Section 65582. subdivisions (gl and (i} and Low Barrier Navigation Centers. as defined by Government Code Section 65660. as those sections may be amended from time to time. (c) Accessory structures located on the same lot as a permitted use and not exceeding a total floor area of two hundred fifty square feet, including detached garages and carports, garden sheds, greenhouses, shade structures, recreation rooms, home hobby shops, cabanas, structures for housing swimming pool equipment. accessory dwelling units and junior accessory dwelling units as permitted pursuant to Articles 15-56 and 15-57 of this Chapter "=and one guest house. Accessory structures for agricultural uses such as stables, barns, hay covers and storage sheds shall not exceed a total of one thousand six hundred square feet. Accessory dwelling units and junior accessory dwelling units are permitted uses in accordance with Article 15-56 of this Chapter and are not subject to the two hundred fifty square foot limitation. (d) Agricultural uses such as raising of vegetables, field crops, vines, fruits, and nut trees, and horticultural specialties, and the processing of such products. (e) Home occupations, conducted in accordance with the regulations prescribed in Article 15-40 of this Chapter. (f) Stables, corrals, and pastures for the keeping of horses for private use. The minimum net site area shall be one acre for each two horses kept on the site. All horses shall be subject to the regulations and license provisions set forth in Section 7-20.220 of this Code. Notwithstanding the provisions of Section 16-80.030(a) of this Chapter, no stable or corral shall be located closer than thirty feet from any interior property line of the site or any structure for human habitation. Setbacks from perennial or intermittent streams shall be sufficient to avoid any discharge or mud slide into the stream. Any stable, corral or pasture which is fifty feet or less from any perennial or intermittent stream bank shall require the approval of the City Engineer and/or Santa Clara Valley Water District. The property owners shall comply with the mitigation measures pursuant to the Water District and/or the City Engineer's requirements. In addition, the natural grade of a corral shall not exceed an average slope of fifteen percent. (g) Swimming pools used solely by persons resident on the site and their guests. Pools shall be constructed subject to the standards provided in Section 15-20.050(g)(5) and Section 15-80.030. (h) The keeping for private use of a reasonable number of domestic dogs, cats, sheep, goats, and other small mammals, birds, fish and small reptiles, subject to the regulations as set forth in Article 7-20 of this Code, and subject also to the restrictions and standards prescribed in Section 15-11.020(h) of this Chapter. (i) Public parks, trails and other publicly owned open spaces. (il Manufactured homes. (kl Group homes. Class 1 and Class 2. Ordinance 399 Page 33 15-20.030 Conditional uses. The following conditional uses may be allowed in the R-OS district, upon the granting of a use permit pursuant to Article 15-55 or Article 15-56 of this Chapter: (a) Accessory structures exceeding a floor area of two hundred fifty square feet. The height standards for such structures may be modified by the Planning Commission through use permit approval. (b) Accessory structures for agricultural use exceeding one thousand six hundred square feet in total floor area. (c) Amphitheaters and other facilities for outdoor presentation of drama, music or other forms of entertainment available to the general public. (d) Police and fire stations and other public buildings, structures and facilities. (e) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks and transmission lines. (f) One recreational court on a single site, to be used solely by persons resident on the site and their guests, subject to the regulations prescribed in Section 15-80.030(c) of this Chapter. (g) Commercial stables, boarding stables and community stables, subject to the regulations prescribed in Section 7-20.220 of this Code. (h) Facilities for sale of agricultural products produced on the site, including on site retail sales of Christmas trees. (i) Wineries which may include conference facilities designed to accommodate no more than fifty guests with no overnight accommodation. (j) Picnic and camp sites. (k) Botanical gardens. (I) Clustered housing per Section 15-20.060(d). (m) Veterinarian clinics. In) Group homes. Class 3. 15-20.035 One dwelling unit per site. Not more than one dwelling unit shall be located on each site. except for accessory dwelling units and junior accessory dwelling units permitted pursuant to Article 15-56 of this Chapter. and additional dwelling unit{s) permitted pursuant to Article 15-57 of this Chapter. Ordinance 399 Page 34 Article 15-21 -M-U: Mixed Use Zoning Districts 15-21.010 Purposes of Article. In addition to the objectives set forth in Section 15-05.020. the mixed-use districts are included in the Zoning Ordinance to achieve the following purposes: (al To provide appropriately located areas for residential and residential mixed-use development to serve the community's housing needs. (bl To allow for a mix of uses that promotes convenience. economic vitality. and quality of life. (cl To ensure that the scale of development is appropriate to the physical and aesthetic characteristics of proposed locations. Id) To protect mixed use properties from fire. explosion. noxious fumes. and other hazards. 15-21.020 Permitted uses. The following permitted uses shall be allowed in any mixed-use 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 11:00 P.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: (al Multi-family dwellings conforming to the standards found in Article 15-58. (bl Transitional and supportive housing. as defined by Government Code Section 65582. subdivisions (gl and lil and Low Barrier Navigation Centers. as defined by Government Code Section 65660 as those sections maybe amended from time to time. (cl Mixed use development conforming to the standards found in Article 15-58 and with a minimum of fifty percent of building square footage. exclusive of parking. developed with residential uses (which uses shall not include garages or shared utility. storage and laundry roomsl.and a maximum of fifty percent of the building square footage dedicated to any of the following commercial uses: Ill Retail establishments. restaurants. and markets. including those engaged in the sale of alcoholic beverages. (2) Professional. administrative. and medical offices. 13) Institutional facilities. 14) Financial institutions. IS) Day care facilities. /6) Personal service businesses. Id) Accessory structures and uses located on the same site as a permitted use. (el Group homes. Class 1 and Class 2. {fl Parking lots which comply with the standards for off-street parking facilities as set forth in Section 15- 35.020 of this Chapter. /gl Home occupations. conducted in accordance with the regulations prescribed in Article 15-40 of this Chapter. lhl Swimming pools used solely by persons residing on the site and their guests. lil 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 subiect also to the restrictions and standards prescribed in Section 15-11.020/hl of this Chapter. Ordinance 3 99 Page 35 (il 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. 15-21.030 Conditionally permitted uses. (al Group homes. Class 3. 15-21.040 Expressly prohibited uses. Without limiting the application of Section 15-05.055/al of this Chapter. the following uses are expressly declared to be prohibited in all mixed-use districts: (al Any use involving a new drive-through service. such as restaurants and financial institutions with drive- through windows in all mixed-use districts. Existing drive-through services are allowed. (bl Any use involving automotive body work. such as collision repair. painting. dismantling. or customizing. (cl Mini-storage facilities. Id) Outdoor sales or storage of motor vehicles. 15-21.050 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. 15-21.060 Screening. landscaping. and fencing. (al 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. (bl Front setback areas. side setback areas. and not less than fifteen percent of any parking lot area. shall be completely landscaped and permanently maintained. (cl Whenever screening or landscaping is required. the owner or occupant of the property shall keep and maintain such screening and landscaping in good condition and repair. Id) Except as otherwise provided in this subsection lfl. fences. walls and hedges shall comply with the regulations set forth in Article 15-29 of this Chapter. 15-21.070 Signs. No signs shall be erected or displayed in any M-U district. except as permitted under the regulations set forth in Article 15-30 of this Chapter. 15-21.080 Off-street parking and loading facilities. Off-street parking and loading facilities shall be in accordance with the regulations set forth in Article 15-35 of this Chapter. 15-21.090 Set-up and cleaning of commercial establishments. Set-up and cleaning activities conducted at restaurants and other commercial establishments located immediately adjacent to a residential area. which generate any noise audible to the occupants of the adjacent residences. including noise generated by the operation of delivery or service vehicles. shall not begin prior to 7:00 a.m. or extend later than 11:00 p.m .• or such other times as may be specified in a use permit. license. or other entitlement granted by the City for such establishment. Ordinance 3 99 Page 36 15-21.100 MU-MD district regulations. (al Site area. The minimum site area of any lot in a MU-MD district shall be ten thousand square feet of gross site area. (bl Site frontage. width. and depth. The minimum site frontage. width. and depth of any lot in a MU-MD district shall be as follows: Site Frontage: 60 feet Lot Width: 60 feet Lot Depth: 100 feet (cl Residential floor area. A minimum of fifty percent of building square footage. exclusive of parking. shall be developed with residential uses (which uses shall not include garages or shared utility. storage and laundry rooms). ( d l Density. Ill Minimum density. The minimum residential density on any site in the MU-MD district shall be fifteen dwelling units per acre of gross site area. (21 Maximum density. The maximum residential density on any site in the MU-MD district shall be twenty-five dwelling units per acre of gross site area. (el Coverage. The maximum net site area covered by structures on any lot in a MU-MD district shall be sixty percent (60%). (fl Front. side. and rear setback areas. All required setbacks are applicable to a site prior to development and only apply to exterior property lines. For any nonconforming site in the MU-MD district. as defined in this Chapter. the requirements provided in Section 15-65.040/bl apply to the site. For any conforming site in the MU-MD district. the minimum setback area requirements in the MU-MD district. are as follows: (1) (21 (31 Front setback area. The minimum front setback area of any lot in a MU-MD district shall be ten Side and rear setback areas. The minimum side and rear setback areas for any lot in a MU-MD district shall be five feet. with the exception that on a lot abutting any R-1 district. the minimum side setback area or rear setback area abutting such district shall be fifteen feet. Corner side setback areas. The minimum corner side setback area of any lot in a MU-MD district shall be ten feet. (gl Height of structures. No structure shall exceed thirty-five (35\ feet in height or three (3\ stories. (hl Enclosure of uses. All permitted uses shall be conducted entirely within a completely enclosed structure. except for off-street parking and loading. outdoor dining associated with a restaurant or market. nurseries when associated with a retail garden shop. private and common open space areas associated with residential uses. outdoor play areas associated with daycare facilities. and other uses of a similar nature. (i) 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. All planting materials shall permanently be maintained by the owner or occupant of the site. 15-21.110 MU-HD district regulations. (al Permitted use. In addition to the permanent uses listed in Section 15-21.020/al of this article. the following permitted use shall also be allowed in a MU-HD district. Ordinance 399 Page 37 (ll Temporary seasonal Christmas tree and pumpkin sales on a site not less than nine and one-half acres in size (bl Site area. The minimum site area of any lot in a MU-HD district shall be ten thousand square feet of gross site area. (cl Site frontage. width. and depth. The minimum site frontage. width. and depth of any lot in a MU-HD district shall be as follows: Site Frontage: 60 feet Lot Width: 60 feet Lot Depth: 100 feet (dl Residential floor area. A minimum of fifty percent of the total building floor area on a site shall be residential uses. (el Density. (ll Minimum density. The minimum residential density on any site in the MU-HD district shall be thirty (301 dwelling units per acre of gross site area. (21 Maximum density. The maximum residential density on any site in the MU-HD district shall be forty /401 dwelling units per acre of gross site area. (fl Coverage. The maximum net site area covered by structures on any lot in a MU-HD district shall be seventy percent. /gl Front. side. and rear setback areas. All required setbacks are applicable to a site prior to development and only apply to the exterior property lines. For any nonconforming site in the MU-HD district. as defined in this Chapter. the requirements provided in Section 15-65.040/bl apply to the site. For any conforming site in the MU-HD district. the minimum setback area requirements in the MU-HD district. are as follows: 111 (21 (31 Front setback area. The minimum front setback area of any lot in a MU-HD district shall be five feet. Side and rear setback areas. The minimum side and rear setback areas of any lot in a MU-HD district shall be five feet. subiect to the following exceptions: (al On a lot abutting any R-1 district. the minimum side setback area and rear setback area abutting such district shall be fifteen feet (bl No side setback is required for any lot that abuts a railroad right-of-way. Corner side setback area. The minimum corner side setback area of any lot in a MU-HD district shall be five feet. (hl Height of structures. No structure shall exceed thirty-five 1351 feet in height or three 131 stories. Ii} Enclosure of uses. All uses shall be conducted entirely within a completely enclosed structure. except for off-street parking and loading. outdoor dining associated with a restaurant or market. nurseries when associated with a retail garden shop. private and common open space areas associated with residential uses. outdoor play areas associated with daycare facilities. and other uses of a similar nature. Ii} 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. All planting materials shall permanently be maintained by the owner or occupant of the site. Ordinance 3 99 Page 38 15-21.120 MU-VHD district regulations. /al Permitted uses. In addition to the permitted uses listed in Section 15-21.020/al of this Article. the following permitted uses shall also be allowed in a MU-VHD district: Ill Permanent emergency shelters. (2\ Single-room occupancy buildings. /31 Rotating emergency shelters meeting the requirements of Section 15-12.020/kl. lb) Site area. The minimum site area of any lot in a MU-VHD district shall be ten thousand square feet of gross floor area. /cl Site frontage. width. and depth. The minimum site frontage. width. and depth of any lot in a MU-HD district shall be as follows: Site Frontage: 60 feet Lot Width: 60 feet Lot Depth: 100 feet Id) Residential floor area. A minimum of fifty percent of the total building floor area on a site shall be residential uses. /el Density. Ill Minimum density. The minimum residential density on any site in the MU-VHD district shall be eighty 1801 dwelling units per acre of gross site area. 121 Maximum density. The maximum residential density on any site in the MU-VHD district shall be one hundred fifty 11501 dwelling units per acre of gross site area. /fl Coverage. The maximum net site area covered by structures on any lot in a MU-VHD district shall be ninety percent. lgl Front. side. and rear setback areas. All required setbacks are applicable to a site prior to development and only apply to the exterior property lines. For any nonconforming site in the MU-VHD district. as defined in this Chapter. the requirements provided in Section 15-65.040/bl apply to the site. For any conforming site in the MU-HD district. the minimum setback area requirements in the MU-VHD district. are as follows: (1\ Front setback area. The minimum front setback area of any lot in a MU-VHD district shall be five /51 feet. (21 Side and rear setback areas. No side or rear setback areas shall be required for any lot in a MU- VHD district. (3\ Corner side setback area. The minimum corner side setback area of any lot in a MU-VHD district shall be five (51 feet. (hl Height of structures. No structure shall exceed one hundred twenty-five (1251 feet in height or twelve (121 stories. (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. outdoor dining associated with a restaurant or market. nurseries when associated with a retail garden shop. private and common open space areas associated with residential uses. outdoor play areas associated with daycare facilities. and other uses of a similar nature. Ii\ 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 All planting materials shall permanently be maintained by the owner or occupant of the site. Ordinance 3 99 Page 39 lk) Development and operational standards for single-room occupancy (SRO) buildings and units. Ill SRO buildings. a. Four 14\ square feet of common area per living unit shall be provided. with a minimum of two hundred square feet in area of interior common space. excluding janitorial storage. laundry facilities and common hallways. b. Laundry facilities must be provided in a separate room at the ratio of one washer and one dryer for every twenty 120) units or fractional number thereof. with at least one washer and dryer per floor. c. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO facility. 12) SRO units. a. A unit shall have a minimum size of one hundred fifty 1150) square feet and a maximum of four hundred 1400) square feet. b. A unit shall accommodate a maximum of two 12\ persons. c. A unit shall contain either partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink: a full bathroom facility shall have a toilet. sink and bathtub. shower. or bathtub/shower combination. If a full bathroom facility is not provided. common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences. d. A unit is not required to but may contain kitchen facilities. A full kitchen includes a sink. a refrigerator and a stove. range top or oven. If any unit on a floor includes less than a full kitchen. common kitchen facilities shall be provided with at least one full kitchen per floor. e. Each unit shall have a separate closet. f. All units shall comply with all requirements of the California Building Code. All units shall comply with all applicable accessibility and adaptability requirements. All common areas shall be fully accessible. (3) SRO management. a. An SRO building with ten (10\ or more units shall provide a twenty-four {24\ hour resident manager. An SRO building with less than ten {10\ units shall provide a management office. b. A management plan shall be submitted with the development application for an SRO building. The management plan shall address management and operation of the facility. rental procedures. safety. and security of residents and building maintenance. {41 Off-street parking shall be provided consistent with Section 15-35-030. (5\ Tenancy of SRO units shall be for not less than thirty (30) days. (61 An existing structure may be converted to an SRO building. consistent with the provision of this Section. Ill Development and operational standards for Emergency Shelters. Ill Shelter capacity. An emergency shelter for homeless persons shall contain no more than twenty beds and shall serve no more than twenty persons nightly. 12) Parking. On-site parking shall be provided based on one space for each employee on the maximum staffed shift. Ordinance 399 Page 40 (3) (4\ (6) (7) (8) (9) Lighting. Exterior security lighting shall be provided. The lighting shall be stationary and designed. arranged. and installed so as to confine direct rays onto the premises and to direct light away from adiacent structures and public rights-of-way. a. Lighting in parking areas shall be maintained with a minimum of one foot-candle of illumination at the ground level during the hours of darkness. b. All exterior doors shall be illuminated with a minimum of 0.5 foot-candle of light during the hours of darkness. On-site waiting and intake areas. An interior waiting and intake area shall be provided which contains a minimum of two hundred square feet. Waiting and intake areas may be used for other purposes {excluding sleeping) as needed during operations of the shelter. On-site staff. At least one manager and one supporting staff member shall be on-site during all hours of operation of the facility. Such manager and staff member must be individuals who do not utilize the shelter's beds or other services and who reside off-site. Security. Security personnel shall be provided during operational hours whenever clients are on the site. A security plan shall be approved by the Community Development Department Director prior to issuance of a certificate of occupancy. Concentration of uses. No more than one emergency shelter shall be permitted within a radius of three hundred feet of another emergency shelter. Length of stay. Each emergency shelter resident shall be allowed to stay for no more than ninety days (cumulative. not consecutive) in a three hundred sixty-five-day period. Extensions up to a total stay of one hundred eighty days in a three hundred sixty-five-day period may be granted by the shelter provider if no alternative housing is available. Ordinance 3 99 Page 41 Article 15-23 -Affordable Housing on Faith and Higher Education Lands. 15-23.010 Applicability. Housing development proiects shall be permitted on sites in an R-1 zoning district owned by either an independent institution of higher education or a religious institution. as defined by. and in accordance with Government Code Section 65913.16. if at least twenty percent /20%1 of the units are subiected to a recorded enforceable restriction limiting occupancy of the unit to lower-income households as defined in Health and Safety Code section 50079.5 or moderate-income households. as defined in in Health and Safety Code section 50052.5. and limiting any rent to be charged for the unit to the affordable rent set pursuant to Health and Safety Code section 50053 15-23.020 General Regulations. /al (bl {cl (dl (el Density. Housing development proiects shall be permitted at minimum densities of 30 units/acre to a maximum of 40 units/acre. Height. Maximum height is 4 stories and forty-five 1451 feet. Housing development proiects permitted under this Article shall be ministerially approved if all of the criteria identified in Government Code Section 65913.16/cl are met and if the housing development project conforms to the Mixed Use and Multi-Family Design and Development Standards in Article 15-58 of this Chapter. Housing development proiects that are eligible for ministerial approval are also eligible for a density bonus. incentives. concessions. or waivers or reductions of development and parking standards in accordance with State Density Bonus Law. Proiect proponents seeking to achieve the residential density allowed in this Article for a housing development proiect shall meet all provisions of Government Code Section 65913.16 unless the provisions of this Article state otherwise. Ordinance 3 99 Page 42 Article 15-35 -Off-Street Parking and Loading Facilities 15-35.030 Schedule of off-street parking spaces. Except as otherwise provided in this Code regarding specific proiect types. off-G#-street parking spaces shall be provided in accordance with the following schedule: Use Spaces Required (a) Single-family dwelling, excluding accessory Two covered spaces within a garage. dwelling units (b) Accessory dwelling unit One covered space within a garage, except as otherwise provided in Article 15-56. (c) Multi-family dwellings In all zoning districts: • One space per studio unit . • Required parking is inclusive Qf gyest parkiog . No spaces beyond the number noted per uoit are required. In all zoning districts ex,ept Mixed Use: • One space per bedroom up to a maximum requirement of two spaces per uoit. In Mixed Use zoning districts: • MU-MD: One and one-half spaces per unit. • MU-HD: One space per unit . • MU-VHD: Ooe and one-half spaces per unit. Tbere is no parking requirement for any new multi- family residential or mixed use development that is within one-balf mile walking distance of a maior transit stog. wbich is the intersection of two or more major bus routes with a freguency of service interval of 15 minutes Qr less during tbe moroiog and afternooo geak commute geriods, or a majo[ transit stog that is induded in the applicable [egional transportation plao. GAe e0 1 .. eFeel s19aee witRiA a gaFage foF eaeR ElwelliAg uAit, 19lus 9Ae aAd 9Ae Ralf adeliti0Aal s19aees 91'1 tRe site foF eaeR El•.velliAg UAit witR tRe foll0wiAg eirne19ti0As: foF ElwelliAg UAits €9AtaiAiAg 1'19 FA9Fe tRaA 9Ae aeElF99FA aAEl f0F R0usiAg Elevel019FAeAts 0eeu19ieel eiEelusivel•f' 13 1,' seAi9FS aAEl stuEleAts, tRe FeE1UiFeel 19aFIEiAg sRall ae 0Ae e0veFed s19aee witRiA a gaFage foF eaeR dwelliAg \:lAit 19lus 0Ae Ralf additi0Aal s19aee 9A tRe site foF eaeR dwelliAg uAit; aAd foF aff0Fdaale R0usiAg de1v'el019FAeAts l0eated witRiA tRe G N {RH9l i!9AiAg distFiet, tRe FeE!UiFed 19aFIEiAg sRall ae 0Ae e0veFed s19aee 19lus 0Ae additi0Aal s19aee 91'1 site f0F eaeR dwelliAg uAit. Ordinance 3 99 Page 43 Article 15-45 -Design Review: Single-Family Dwelling 15-45.060 Planning Commission design review; public hearing. (a) Pursuant to this Article, the following projects shall receive design review approval by the Planning Commission prior to issuance of a building permit in any A, R-1, HR, or R-OS district to the extent not precluded by another section of this Chapter or State Law: (1) Any new multi-story main structure or multi-story accessory structure. (2) Any conversion of a single-story structure to a multi-story structure. (3) Any new structure over eighteen feet in height or any existing structure that would exceed eighteen feet in height as a result of the proposed construction. (4) Any project that requires design review under the terms or conditions of any tentative or final subdivision map, use permit, variance or conditional rezoning. (5) Any new dwelling on a lot having a net site area of less than five thousand square feet. (6) Any project that increases the cumulative floor area of all structures on a site to more than six thousand square feet. (7) Any project that, in the opinion of the Community Development Director, may be significantly inconsistent with the design review findings required in Section 15-45.080 of this Article, or may cause excessive damage to the natural environment, or may result in excessive intensification of the use or development of the site. (8) Any addition to a structure over eighteen feet in height that would expand the existing floor area by more than fifty percent or modify the existing footprint by more than fifty percent. 15-45.065 Administrative design review. (a) 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 to the extent not precluded by another section of this Chapter or State Law: (1) Any new single-story residence or accessory structure greater than two hundred fifty square feet in floor area. (2) Any addition to an existing structure that would expand the floor area by more than fifty percent. (3) Any addition to an existing structure that would expand the second story floor area by one hundred square feet or more. (4) Any addition to an existing structure that would modify the footprint by more than fifty percent. (5) Any new or enlarged basement. (6) Any new or replacement structure that results from a demolition as defined by Section 15-06.195. (7) Any single-story addition to an existing structure in excess of eighteen feet on a site where the existing cumulative floor area of all structures on the site is more than six thousand square feet. (8) Any single-story addition to an existing single-story structure in excess of eighteen feet in height can be approved as an administrative design review unless specifically required by Section 15-45.060. 15-45.075 Requirements for stary pales aAEI marking trees proposed for removal. Story poles are reql:lired to be iRstalled as set forth below for all projects sl:lbject to desigR review approval iR order to elepict the elevatioRs aRel silhol:lettes of a proposeel Rew strnctl:lre or aR aelditioR to aR eiEistiRg strnctl:lre Ordinance 3 99 Page 44 reqt:Jiring design review approval. Trees proposed for removal in conjunction with a proposed project shall be clearly marked in the field as set forth below. (a) QefiRitieR, Story poles are temporary frames made of wood, metal, or other materials approved by the Community Development Department which are t:Jsed to delineate the height, area, and appro>Eimate shape aRd massing of a proposed strncture. (b) TiR'liRg. ~The applicant shall install the story poles and mark trees proposed for removal when notified to do so by the Community Development Department or designated representative at least three business days prior to advertising the public hearing for the project (or in the case of administrative design review at least three business days 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 and trees are marked to the satisfaction of the Community Development Director and photographs of the installed and approved story poles and marked trees are filed with the Community Development Department. ~Acceptable means of identifying trees include using fluorescent tape wrapped around the tree's trunk, removable marking on the tree trunk that is easily visible, or another means approved by the Community Development Director. (c) R@E!YireR'leRts. Once the Community Development Department has at:Jthorized an applicant to erect story poles and mark trees proposed for remo•,al, the applicant shall comply 1n'ith all of the following reqt:Jirements: (1) The story poles must be constructed of wood, metal, or other materials pre approved by the Community Development Director (which materials must be st:Jitable for constrnction of a temporary frame that will remain standing dt:Jring the reqt:Jired pt:Jblic notice and application reviev,1 period). (2) The story poles shall be erected so that on each building elevation of the proposed strnct1:Jre at least one story pole shall show graduated five foot interval height meas1:Jrement markings in either paint or tape. (3) The star,· poles shall be erected so that at least one b1:Jilding elevation of the proposed strnct1:J re sho·n's the proposed finished grade and finished floor elevation markings in either paint or tape. (4) The story poles shall be erected so that orange netting or other materials approved by the Comm1:Jnity De•,elopment Director will be 1:Jsed to apprmEimate the mass, shape and roofline (e.g., roof pitch/slope, ridge, and volume) of the proposed strncture as illustrated in Diagram A. For comple>E roof forms, the Comm1:Jnity Development Director may also req1:Jire that ridge flags be installed to delineate a main roof ridge or high point. (S) Upon completion of the story pole installation, the applicant shall provide to the Community Development Department a professional stamped and signed letter from a State licensed land s1:Jrve·1·or or civil engineer verifving the acC1:Jracy of the story pole installation in terms of location, heights, and elevation data. (G) The applicant shall erect on the story pole elevation facing the main access to the building site or the main street frontage, a minimum ele1,·en inch by seventeen inch sign which contains the following information: a. b. C. d. Name of applicant/property owner; Contact telephone nuA'lber of applicant/property owner; A brief description of the proposed project's scope of work; ComA'lunity DevelopA'lent DepartA'lent A'lain telephone nuA'lber. Ordinance 3 99 Page 45 (7) Prior to aRy Rotices beiRg elistrib1;1ted, tl=le applicaRt sl=lall s1;1bmit pl=lotos satisfactory to tl=le Comm1;1Rity DevelopmeRt DepartmeRt of tl=le completeel story pole iRstallatioR iRcl1;1eliRg req1;1ired 5igA57 (8) Tree reA'le'lals. AR;' tree proposeel for remo•,al as part of tl=le proposed project sl=lall be clearly marked iR the fielel. QiagraA'I A Roof Rldgellne Flags ··-- Mark poles at S•foot lncremeAts ·• ·\...,. -• ............. : .. --Mark one pole on each elevation I J Netting to be 2•feetwlde (d) Q1:1ratieR, The story poles shall Rot be removed l:IRtil a decisioR OR the project has beeR made by the approviRg body and the deadline to appeal s1:1ch decision has ei<pired with no appeal haviRg beeR filed. If the elecision by the approviRg body is appealed, the story poles shall remaiR in place 1:1ntil a final decision that is not s1;1bject to appeal l=las been made. The story poles are req1;1ired to be removeel within fifteen calendar days after a final decision has been taken and all appeal perioels have ei<pireel. If a project application is iss1;1eel a contin1:1ance for an ei<tendeel period of time, the Comm1;1nity Development Director rnay reei1:1ire the story poles to be remo1,·ed and reinstalled not less than fifteen elays prior to the ne><t p1;1blic hearing on the project. {e) liKeeptieRs. The Comm1:1nity Development Director may consider 1:1niei1:1e and/or special circ1;1mstances (e.g., dangero1;1s site topography or hazardo1;1s weather conditions) •.vhere an alternate method, tool or technology (e.g., models, photosim1;1lations, or eq1;1ivalent methods) may be 1;1sed in lie1;1 of story poles to satisfy the reei1;1irements of Section 1S 4S.07S. Ordinance 399 Page 46 Article 15-46 -Design Review: Multi-Family Dwellings and Commercial Structures 15-46.020 Requirement for design review; public hearing. (a) In each of the following cases, no building permit shall be issued until the proposed improvements have received design review approval by the Planning Commission pursuant to this Article to the extent not precluded by another section of this Chapter or State Law: (1) Any new main structure in an R-M, P-A. M-U. or C district. (2) Any expansion over five hundred square feet to an existing main structure in an R-M, P-A. M-U. or C district. (3) Any substantial exterior alteration, as determined by the Community Development Director, to an existing structure in an R-M, P-A. M-U. or C district. (4) Any addition over twenty-two feet in height to an existing main or accessory structure in an R-M, P-A, M-U. or C district. (5) Any parking lot in an R-M, P-A. M-U. or C district covering an area of one thousand square feet or greater. (6) Any structure, except a single-family dwelling or accessory structure, having a floor area of one thousand square feet or greater, located in an A, R-1, HR or R-05 district. (7) Any mixed-use project. 1§ 4i.Q~2 Req1:1ireFReAt fer ster; peles. Story poles st'lall be reqblired iA tt'le saA'le A'laAAer as bl Ader SectioA 1S 4S.07S of tt'lis Ct'lapter. Ordinance 3 99 Page 47 Article 15-56 -Accessory Dwelling Units 15-56.015 Definitions. The following definitions apply only to this Article: (1) Accessory dwelling unit as defined in Article 15-06. (2\ Accessory structure as defined in Article 15-06. (1~) Junior accessory dwelling unit as defined in Article 15-06. (3~) Living area means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure. (4~J Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. (-&§) Short-term rental means a dwelling unit which is used for transient occupancy for periods of up to thirty consecutive days for which payment is required. (eZJ Tandem parking means two or more automobiles parked on a driveway or in any other location on a lot, lined up behind one another. 15-56.020 Number of units allowed for single-family and multi-family dwellings. (a) Single-family dwellings. One accessory dwelling unit and ooe up to two junior accessory dwelling units within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure. and one detached. new construction accessory dwelling unit with minimum four-foot side and rear yard setbacks shall be allowed on any one lot which contains an existing or concurrently approved single- family dwelling unit. Such units are an accessory use to the main dwelling unit and shall not count toward density limitations or be considered a new residential use. 15-56.025 Development standards for accessory dwelling units and junior accessory dwelling units. Except as otherwise provided in Section 15-56.050, each accessory dwelling unit shall comply with all of the following development standards: (a) Newly constructed accessory dwelling unit that adds floor area. Each newly constructed accessory dwelling unit that adds floor area to a lot is required to satisfy the following criteria: (1) Zoning regulations. Unless otherwise provided in this Article, the accessory dwelling unit shall comply with applicable zoning regulations (including, but not limited to, required setbacks, floor area limits, site coverage, and height limits). For lots that are at least ten thousand net square feet in size, a one-time ten percent increase in site coverage and allowable floor area may be granted by the Community Development Director if the new accessory dwelling unit is subiect to a recorded enforceable restriction limiting occupancy of the unit to lower-income households as defined in Health and Safety Code section 50079.5 or moderate-income households. as defined in in Health and Safety Code section 50052.5. and limiting any rent to be charged for the unit to the affordable rent set pursuant to Health and Safety Code section 50053 is eleea restrictea so that it may on1 1• be rentea to below market rate ho1:1seholas. Notwithstanding the foregoing. an attached or detached accessory dwelling of up to one thousand square feet with four-foot side and rear setbacks shall be allowed where consistent with the floor area requirements in section 15-56.025(aH3l. (2) Sale and rental. Ordinance 399 Page 48 a. An accessory dwelling unit may be rented separately from the primary single-family dwelling or multi-family dwelling but may Rot be sold or otherwise coRveved separatelv from the primary d·NelliRg OR the lot. b. An accessory dwelling unit or junior accessory dwelling unit shall not be used as a short- term rental. C. An accessory dwelling unit may not be sold or otherwise conveyed separately from the primary dwelling on a lot unless done so in accordance with Government Code section 65852.26. (3) Floor area. a. Except as provided in subsection (b) below, the maximum floor area limit for an accessory dwelling unit shall be as follows: i. an attached accessory dwelling unit shall not exceed fifty percent of the existing or concurrently approved living area of a single-family dwelling, with a maximum size of one thousand two hundred square feet, not including the garage. ii. a detached accessory dwelling unit, not located within a side or rear setback area, shall have a maximum size of one thousand two hundred square feet of living area, not including the garage. iii. a detached accessory dwelliRg UR it located partially or eRtirely withiR a side or rear setback area shall ha'.'e a maicimum size of eight huRdred fifty seiuare feet of floor area if the URit has oRe bedroom or oRe thousaRd seiuare feet of floor area if the uRit has two beelrooA'\s. In no case shall the above requirements in subsections {i\ and {ii\ prohibit the construction of one accessory dwelling of up to eight hundred /800) square feet with minimum side and rear setbacks of four feet or located within the front setback. iv. Notwithstanding the foregoing, conversion of space within an existing single-family dwelling is not subject to these floor area limitations. b. Both the accessory dwelling unit and the primary dwelling unit shall count toward the total maximum allowable floor area set by applicable zoning regulations. However, in no case shall floor area and site coverage requirements shall Rot be applied to prohibit the construction of aR _o_o_e accessory dwelling unit that does not exceed eight hundred square feet gross floor area and which otherwise complies with all other applicable developmeRt staRdards has minimum side and rear yard setbacks of at least four feet. c. If an accessory dwelling unit has a basement or an attic, that area is included as part of the total maximum floor area allowed. (4) Height of accessory dwelling units. a. b. c. a. No detached accessory elwelliRg UR it located partially or eRtirely withiR a side or rear setback area shall eicceed silcteeR feet iR height. No detacheel or attacheel accessory elwelliRg UR its located outside setback areas shall eicceed tweRty sil< feet iR height. Accessory dwelling units, both detached and attached, iR eiccess of eighteeR feet in height shall comply with the applicable desigR review regulatioRs set forth iR Article 15 45 of this Chapter. Attached accessory dwelling units. An accessory dwelling unit that is attached to the primary dwelling shall not exceed a height of twenty five feet or two stories or the height limitation that applies to the primary dwelling pursuant to this Chapter. whichever is lower. Ordinance 3 99 Page 49 b. Detached accessory dwelling units. Detached accessory dwelling units shall not exceed: i. A height of sixteen feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit: or ii. A height of eighteen feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily. multistory dwelling: or iii. A height of eighteen feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a maior transit stop or a high-quality transit corridor. as those terms are defined in Public Resources Code section 21155. iv. An additional two feet in height is permitted to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. (5) Setbacks. Attached accessory dwelling units shall comply with the setbacks required for the primary dwelling unit. Detached accessory dwelling units shall have rear and side setbacks of no less than four feet. However, setbacks of less than four feet are allowed if the accessory dwelling unit is constructed in the same location and to the same dimensions as an existing structure that is demolished for the purpose of constructing the accessory dwelling unit. Front yard setback requirements of the underlying zoning district apply to accessory dwelling units except when it precludes the construction of one accessory dwelling unit of at least eight hundred (800) square feet. (6) Construction above garage. Notwithstanding other setback requirements in the City Code, a setback no less than four #ve feet from the side and rear lot lines shall be allowed for an accessory dwelling unit that is constructed above a garage that is non-conforming as to setbacks. (7) Parking. Parking requirements for an accessory dwelling unit shall be as follows: a. Unless otherwise provided in this section, one off-street parking space shall be provided for the accessory dwelling unit in addition to the off-street covered parking spaces required for the main dwelling. b. No parking space shall be required for an accessory dwelling unit in any of the following instances: i. The accessory dwelling unit is located within one-half mile of public transit as defined in Government Code§ 65852.2; ii. The accessory dwelling unit is located within a designated architecturally and historically significant historic district; iii. The accessory dwelling unit is part of the proposed or existing primary residence or accessory structure; iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; v. When there is a car share vehicle located within one block of the accessory dwelling unit; vi. The accessory dwelling unit is subiected to a recorded enforceable restriction limiting occupancy of the unit to lower income households as defined in Health and Safety Code section 50079.5 and limiting any rent to be charged for the unit to the affordable rent set pursuant to Health and Safety Code section 50053: Ordinance 3 99 Page 50 vii. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot: or vijj. The unit is permitted as a junior accessory dwelling unit. c. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, any lost off-street parking spaces required for the main dwelling are not required to be replaced. (8) Access. The accessory dwelling unit shall be served by the same driveway access to the street as the existing or concurrently approved main dwelling. A separate driveway shall be allowed for (al an accessory dwelling unit on a corner lot where the secondary frontage does not already have a driveway and !bl an interior lot that has site frontage of at least 80 feet. (9) Entrances. If the accessory dwelliRg uRit is attached to the maiR dwelliRg both the accessory dwelliRg UR it a Rd the maiR dwelliRg may be served by a commoR eRtraRce; however a se13arate e><terior eRtraRce to the accessory dwelliRg uRit must be located OR the side or at the rear of the maiR dwelliRg. No access shall be allowed between an accessory building and an accessory dwelling unit if both structures are connected by a common wall, with the exception that an attached garage may have interior access to an accessory dwelling unit. A se13arate e>cterior eRtraRce to the accessory dwelliRg UR it must be located OR the side or at the rear of the maiR dwelliRg e><ce13t 1NheR this requireFReRt reRders iRfeasible the coRstructioR of the accessory dwelliRg URit. (10) biR'litatieR eR RYR'liaer ef laedreeR'ls, AR accessory dwelliRg t,mit may Rot have more thaR hvo bedrooms. Covered patios. Attached covered patios shall comply with the applicable setback requirements of the underlying zoning district. (11) Appearance. All new construction to create an accessory dwelling unit must match the existing or concurrently approved main structure in color, materials aRd architectural desigR. 112) Decks. Roof decks are not permitted on any newly constructed accessory dwelling unit. (b) Accessory dwelling unit constructed within existing floor area. (1) Conversion of existing floor area. Each application for a building permit to convert existing interior space of an existing single-family dwelling, multi-family dwelling, or accessory structure to an accessory dwelling unit shall comply with the following standards: a. The accessory dwelling unit must: -1-i. Be located within a district zoned to allow for single-family or multi-family dwellings; ~jj. Be contained within the existing interior space of a single-family dwelling, multi-family dwelling. or accessory building, including, but not limited to, a studio, pool house, or other similar structure. The iRterior s13ace of a8n existing accessory building may be expanded by no more than one hundred fifty square feet beyond the physical dimensions of the existing structure for the sole purpose of accommodating ingress and egress. 3fil. Have independent exterior access from the existing main dwelling; 4j,¥. Not be intended for sale, or sold, separately from the main dwelling except in accordance with Government Code section 65852.26; ~~-Have side and rear setbacks sufficient for fire safety as determined by the fire agency having jurisdiction; and e~. Comply with all building codes and health and safety regulations. Ordinance 399 Page 51 b. Parking. -1-1. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, or converted to an accessory dwelling unit, any lost off-street parking spaces required for the main dwelling are not required to be replaced with off street co .. •ered parking. 211 No additional parking will be required for the accessory dwelling unit in instances where the accessory dwelling unit is part of the existing main dwelling or an existing residential accessory structure. c. Converted garage setbacks. No setback shall be required for an existing garage that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit. (2) Creation of a junior accessory dwelling unit. Each application for a building permit to convert floor area of an existing or proposed single-family dwelling or accessory structure to a junior accessory dwelling unit shall comply with the following standards: a. The junior accessory dwelling unit shall be located within a district zoned to allow for single-family or multi family dwellings. b. The junior accessory dwelling unit shall be constructed within the walls of an existing or proposed single-family structure including an attached garage. and shall be no more than five hundred square feet in size. c. The junior accessory dwelling unit shall have a separate entrance from the main entrance to the proposed or existing single-family residence. d. The junior accessory dwelling unit shall contain an efficiency kitchen, which shall include all of the following: i. A cooking facility with appliances; and ii. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. e. The junior accessory dwelling unit shall have side and rear setbacks sufficient for safety, as determined by the fire agency having jurisdiction. f. The junior accessory dwelling unit must comply with all building codes and health and safety codes. g. Parking. No additional parking shall be required as a condition to grant a permit for the creation of a junior accessory dwelling unit. h. Owner-occupancy is required in the structure in which a iunior accessory dwelling unit is permitted. The owner may reside in either the single-family dwelling portion of the structure or the iunior accessory dwelling unit. Pursuant to Government Code Section 65852.22(al/2l. owner-occupancy shall not be required if the owner is another governmental agency. land trust. or housing organization. (c) Impact Fee Exemptions. Accessory dwelling units up to 750 square feet are exempt from impact fees, and accessory dwelling units that are 750 square feet or larger may be charged impact fees but only such fees that are proportional in size (by square foot) to those for the primary dwelling unit. 15-56.030 Additional provisions for multi-family dwellings. The following additional provisions apply to the creation of accessory dwelling units for multi family dwellings as defined in Section 1S 06.240(c). Ordinance 3 99 Page 52 (a) For ever>; four dv,·elling units within a multi family d·,velling, one accessory dwelling unit may be created At least one accessory dwelling unit shall be allowed within an existing multifamily dwelling dwellings as defined in Section 15-06.240/c). The maximum number of accessory dwelling units in a multi-family dwelling shall be 25 percent of the existing units as of the date of the dwelling's Certificate of Occupancy; any fraction of a unit under this formula shall be allowed as a whole unit. Any accessory dwelling units in a multifamily dwelling shall be created within existing spaces that are not part of the living area, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that the accessory dwelling unit so created complies with the California Building Code. 15-56.035 Owner occupancy restrictions. (a) With respect to a lot containing a standard accessory dwelling unit, for applications received after January 1, 2025, one of the dwellings on the lots must be the bona fide principal residence of at least one legal owner of the lot containing the dwelling, as evidenced at the time of building permit approval by appropriated documents of title and residency. Prior to the issuance of a building permit, the applicant shall provide evidence that a deed restriction has been recorded on the title of the affected property stating that one of the dwelling units on the lot shall remain owner occupied. 15-56.040 Permitting. Within sixty days of receipt of a complete application, the Community Development Department shall ministerially approve or deny process for approval any application for a junior accessory dwelling unit or an accessory dwelling unit that is in compliance with the requirements of this Article or otherwise qualifies for ministerial approval pursuant to s-tate State law. 15-56.050 Legalization of existing accessory dwelling units and junior accessory dwelling units. (e) Disqualified existing units. Any unpermitted accessory dwelling unit or junior accessory dwelling unit constructed established prior to January 1. 2018 February 19, 2003, will not be denied approval unless correcting violations of the Building Code. Government Code section 65852.2. or this Article is necessary to protect the health and safety of the public or occupants of the structure. or the building is deemed substandard pursuant to Health & Safety Code section 17920.3. ·,vhich does not qualify for legalization under this Section by reason of not having been lawfully constructed, shall be deemed a ne·.v unit subject to the remaining provisions of this Article, e><cept as follows: (1) The e>Eisting accessory d·11elling unit or junior accessory dwelling unit shall comply with the standards set forth in subsection (d) of this Section. (2) The e>Eisting accessory d·.velling unit or junior accessoP; dwelling unit shall comply with current zoning regulations, unless a variance is granted pursuant to Article 15 70 of this Chapter. Ordinance 399 Page 53 Article 15-57 -Ministerial Consideration of Qualifying Projects. Twe UAit Resh:leAtial l>e'lelepMeAts=aAEI UrhaA bet Splits 15-57.010 Purpose of article. The purpose of this Article is to regulate Urban Lot Splits! aRa-Two-Unit Residential Developments. and Three-Unit Residential Conversions in compliance with California Government Code Sections 66452.6, 65852.21, and 66411.7 and to implement the Housing Element of the City's General Plan. to allow for ministerial approval of certain parcel maps creating two lots and of projects including up to two detached or attached housing units on one parcel or up to three units in an existing home. along with ancillary uses and structures. Eligible applications under this Article shall be considered ministerially, without discretionary review or a hearing. 15-57.020 Definitions. Terms used in this Article have the meanings set forth below: (4) "Sufficient for separate conveyance," means that each attached or adjacent dwelling unit is constructed in a manner adequate to allow for the separate sale of each unit in a common interest development as defined in Civil Code Section 4100±3M(including a residential condominium, planned development, stock cooperative, or community apartment project), or any other ownership type in which the dwelling units may be sold individually. (8) "Three-Unit Residential Conversion" means a development that proposes to add up to two new dwelling units to an existing structure that includes one or two existing dwelling units and meets all the criteria and standards set forth in this Article. A Three-Unit Residential Conversion shall not result in more than three total dwelling units within the structure. No new. freestanding structure may be constructed as part of a Three-Unit Residential Conversion. 15-57.030 Applicability. A Two-Unit Residential Development, Three-Unit Residential Conversion, or Urban Lot Split may be located on parcels within all Single-Family Residential Zoning Districts with the following exceptions: (a) Any parcel where the Two-Unit Residential Development. Three-Unit Residential Conversion. or Urban Lot Split would require demolition or alteration of any of the following housing types: (1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (2) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power. (3) Housing that has been occupied by a tenant within the last three years. (4) A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 ofTitle 1 to withdraw accommodations from rent or lease within fifteen years before the date that the development proponent submits an application. (b) A parcel located within a historic district or including a property included on the State's Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a city or county landmark or historic property or districts pursuant to a city or county ordinance. (c) A parcel of one or more of the types specified in subparagraphs (B) to (K), inclusive, of Government Code Section 65913.4(a)(6). Without limiting the foregoing, the most applicable of those specifications to the City of Saratoga are the following: Ordinance 399 Page 54 (1) A Two-Unit Residential Development, Three-Unit Residential Conversion. or Urban Lot Split may not be located on any parcel within a very high fire hazard severity zone, as determined the Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on the maps adopted by the Department of Forestry and Fire Protection pursuant to Public Resources Code Section 4202. As to Two-Unit Residential Developments and Urban Lot Splits. ™5 tb.is subsection does not apply to parcels that have been excluded from specific hazard zones by actions of the City pursuant to Government Code Section 51179(b), or parcels that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development. (2) A Two-Unit Residential Development, Three-Unit Residential Conversion. or Urban Lot Split may not be located on any parcel located within a delineated earthquake fault zone as determined by the State Geologist in any official map published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by the City of Saratoga Building Department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code. (d) A proposed Two-Unit Residential Development or Three-Unit Residential Conversion that allows the demolition of more than twenty-five percent of the existing exterior structural walls, unless the +we- UAit ResiaeAtial Develo13fl'lent development_is on a site that has not been occupied by a tenant in the last three years. (e\ For a Three-Unit Residential Conversion. any parcel located outside the R-1-20 and R-1-40 districts. 15-57.040 Development Standards. Development pursuant to this Article shall comply with the following development standards and all Development pursuant to this Article shall comply with the following development standards and all applicable objective standards of the City Code, except as otherwise expressly provided for in this section. A project proposed as part of a Two-Unit Residential Development. Three-Unit Residential Conversion, or on a lot created by an Urban Lot Split, which does not meet the requirements of this Article may seek discretionary approval pursuant to the applicable provisions of the City Code. (a) Number and size of units. Dwelling units shall count toward the total maximum allowable floor area set by applicable zoning regulations. (3) If application of the development standards of the City Code or this Article to a Two-Unit Residential Development or Three-Unit Residential Conversion would preclude construction of dwellings with a combined floor area equal to the floor area allowed for a dwelling by the underlying zoning district by City Code section 15-12.085, then the Two UAit Resiaential G development may exceed the maximum site coverage allowed for the underlying zoning district in City Code section 15-12.080 and 15-13.080. Such exceedance shall be limited to the minimum site coverage required to construct dwellings with the allowed floor area. For purposes of this paragraph the "site" for the purpose of calculating site coverage shall be the lot on which the Two-Unit Residential Development is to be constructed or as depicted in a site plan, including one of the lots resulting from an Urban Lot Split. (4) A dwelling unit constructed as a part of Two-Unit Residential Development. Three-Unit Residential Conversion. or Urban Lot Split located partially or entirely within the side or rear setback area set out in the City Code shall have a maximum floor area of one thousand square feet. Ordinance 3 99 Page 55 {S) Attael=ieel eovereel 13atios sl=iall eoA'l13iy witl=i tl=ie a1313lieal:lle setl:laek req1::1ireA'lents of tl=ie 1::1nelerlying zoning elistriet. (b) Accessory Dwelling Units. In aelelition to tl=ie t·uo resielential 1::1nits alloweel 1::1neler this seetion, 13er City Coele Seetion 1S SG.020, one aeeessory elwelling 1::1nit anel one j1::1nior aeeessory elwelling 1::1nit sl=iall be alloweel on any one lot, eicee13t as 13rovieled in Seetion 1S S7.0SO(b) of tl=iis Artiele. For purposes of City Code Section 15-56.020. a Two-Unit Residential Development or a Three-Unit Residential Conversion shall be considered "an existing or concurrently approved single-family dwelling unit." (c) Maximum Height. No dwelling unit constructed pursuant to this Article as part of a Two-Unit Residential Development or on a lot created by an Urban Lot Split shall exceed one story and a height of eighteen feet, except as otherwise expressly provided for in this section. No dwelling unit constructed pursuant to this Article as part of a Three-Unit Residential Conversion shall exceed the height of the original structure subiect to the conversion. (1) A proposed dwelling unit which is located within either the required side or rear setback area as set by the underlying zoning district shall not exceed a height of sixteen feet. (d) Side aRd Rear Setbacks. No dwelling unit constructed pursuant to this Article as part of a Two-Unit Residential Development or on a lot created by an Urban Lot Split shall have an interior side or rear setback of less than four feet. Notwithstanding, no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. 8 Three-Unit Residential Conversion shall be subject to the setback requirements of the underlying zoning district. Attached covered patios constructed as part of a Two-Unit Residential Unit shall comply with the applicable setback requirements of the underlying zoning district. (e) Accessory Uses and Structures. All accessory uses and structures shall comply with the development regulations contained in Chapter 15 of the City Code. (f) Decks. Roof decks are not permitted on any dwelling unit constructed pursuant to this Article as part of a Two-Unit Residential Development or Three-Unit Residential Conversion. (g) Heating, ventilation and air conditioning (HVAC) mechanical equipment and generators. No HVAC mechanical equipment or generators, other than equipment associated with accessory dwelling units. shall be allowed in any required front, side or rear setback area of the underlying zoning district. HVAC mechanical equipment and generators shall comply with the development regulations contained in 15- 80.030(1). (h) Off-Street Parking. One off-street parking space within an enclosed garage shall be required per unit, with the exception that for Two-Unit Residential Developments and Urban Lots Splits, no off-street parking shall be required if any of the following apply: (1) The parcel is located within one-half mile walking distances or either a high-quality transit corridor, as defined in Public Resources Code Section 21155(b) of the, or a major transit stop, as defined in Public Resources Code Section 21064.3. (2) There is a designated parking area for one or more car share vehicles within one block of the parcel. (i) Rental. No dwelling unit constructed as a part of Two-Unit Residential Development, Three-Unit Residential Conversion or Urban Lot Split shall be rented for a period of less than thirty days. (j) Septic System. For any Two-Unit Residential Development or Three-Unit Residential Conversion that will be connected to an onsite septic system, the applicant must provide a percolation test showing compliance with applicable public health and safety standards and completed within the last five years, or, if the percolation test has been recertified, within the last ten years. Ordinance 3 99 Page 56 15-57.050 Urban Lot Splits. A parcel map for an Urban Lot Split shall be allowed subject to ministerial review if the parcel map for the lot split meets all of the requirements in this section. (b) Number of Units. Section 15-57.040(b) notwithstanding, Ne no more than twe four dwelling units shall be allowed on any parcel created by the use of an Urban Lot Split or any parcel that is the site of a Three-Unit Residential Conversion. For purposes of this provision, "unit" means any dwelling unit, including, but not limited to, a unit or units created pursuant to Government Code Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Government Code Section 65852.2, or a junior accessory dwelling unit as defined in Government Code Section 65852.22. 15-57.060 Tree Protection. The applicant for any Urban Lot Split project-0f, Two-Unit Residential Development. or Three-Unit Residential Conversion that would remove, damage, prune, or encroach upon a protected tree as defined in City Code section 15-50.050 shall: (a) Provide an Arborist Report and Tree Preservation plan as described in City Code sections 15-50.130 and 140 as part of the application materials. (b) Provide a Tree Protection Security Deposit per City Code section 15-50.080. (c) Before issuance of any Certificate of Occupancy for any dwelling unit, plant new trees equal to the value of removed trees in accordance with the ISA Tree Valuation Formula contained in the April 2000 ISA Guide for Plant Appraisal. Ordinance 399 Page 57 Article 15-58 -Mixed-Use and Multi-Family Design and Development Standards 15-58.010 Purposes of article. The purpose of the mixed-use and multi-family design and development standards is to guide the design of multi-family residential and mixed-use development and to support the implementation of the Housing Element of the General Plan. The goal is to establish obiective standards that will provide consistent guidance for future development in the multi-family residential. implemeRt this l-lousiRg Program iR a coRsisteRt maRRer throughout the ·,arious mixed-use. commercial, and office zoning districts of the City. It is further the goal of these standards to J*Ote€t ensure that new residential and mixed-use development is designed to be compatible with adiacent residential uses as well as existing and future commercial development. 15-58.020 Development standards. The provisions of this article apply to all multi-family residential and mixed-use projects that are allowed uses under this Code or State law. The standards contained herein are intended to be obiective in nature. meaning that the application of the standards involves no personal or subiective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. The standards that apply to commercial uses are not applicable to a project that includes only multi-family residential development. but they are applicable to the commercial portion(sl of a mixed-use proiect. Those standards that apply to residential uses apply to both multi-family residential proiects and the residential portion/sl of a mixed-use proiect. (a) Residential and commercial density and intensity is determined by the base zoning district. The mai<imum deRsity is tweRt'y' dwelliRgs per Ret acre e*cept as provided iR SectioR 1S 19.03S of tl=iis Code. (b) Commercial uses in the P-A. C-N. C-V. CH-1 and CH-2 districts. Grny €-kommercial use(s) are required along all may ee located OR the ground floor aeuttiRg a street facing frontages. Dwelling unit(s) may be located in all other portions of the structure. (c) Residential uses in the P-A. C-N. C-V. CH-1 and CH-2 districts. The City ma'r impose no condition limitiRg the perceRtage of the total allov,aele resideRtial floor area OR the mi><ed use site to less thaR or equal to fifty perceRt. That perceRtage ma't' ee greater thaR fifty perceRt if approved ev the PlaRning CommissioR duriRg a design review process upoR the CommissioR mal<iRg the followiRg fiRdiRgs: Up to fifty percent of building square footage. exclusive of parking. may be developed with residential uses (which uses shall not include garages or shared utility. storage and laundry rooms). except that the City shall ministerially approve an applicant's request to occupy more than fifty percent of building square footage. exclusive of parking. with residential uses (which uses shall not include garages or shared utility. storage and laundry rooms) when the Applicant demonstrates both of the following: (1) That the proposed location of the miiced use is in accord ·.vith the oejectives of the ZoniRg Regulations and tl=ie purposes of the district in which the site is located; a Rd Rt--That the proposed location of the mixed-use.and the conditions under which it would be operated or maintained will not cause a significant quantifiable. direct. and unavoidable impact. based on an objective. identified written public health or safety standard. policy. or condition: ee detrimCAtal to the puelic health, safety or welfare, or materially iRjurious to properties or improvements iR the ~;and (~3) That the proposed mixed-use will comply with each of the applicable provisions of this Chapter.;-iH'tti (4) That the proposed miiced use will Rot adversely affect eicisting or aRticipated uses in the immediate neigheorhood, and will not adversely affect surrouRding properties or the occupants thereof. (d) Parking for both the nonresidential use and the dwelling unit(s) shall be as specified in Article 15-35 of this Chapter. ,provided that tJ;he Planning Commission may reduce the required parking specified in Article 15- Ordinance 3 99 Page 58 35 through approval of approve shared parking, if it determines that it will net result in adverse impacts on adjacent uses. (e) Perimeter fencing shall be required to conform to the following sections of Article 15-29 of this Chapter: Ill Section 15-29.0lO(al through /cl: /2) Section 15-29.0lO(el through /ll: 13) Section 15-29.030: 14) Section 15-29.040: and IS} Section 15-29.060. (f) Each d·.velling shall have private, usable outdoor space, including but not limited te, decks, balconies, yards or patios. (fg) The maximum height of a mixed-use structure shall be as it is stated in the underlying zoning district. Nothing in this article shall allow structure heights higher than those specified for the underlying zoning district. Standards in this article that apply to heights or stories above those specified for the underlying zoning district shall apply in the event that such heights are allowed under State or other applicable law. (h) Overall site coverage mav be increased bv up te ten percent ef the ma>limum allowed in the Zoning District for projects containing at least ten percent of the units deed restricted te belo.,.,· market rate housing 1:Jnits. (gt) Fences at least six feet in height are required along all interior perimeters of Mmixed-use projects abutting single-family residential districts shall have se1:Jnd walls and landscape screening in erder to protect the privacv and q1:Jalitv of life ef ab1:Jtting single familv residential land 1:Jses. (j) The residential component of a mi><ed 1:Jse project shall be rental and/or owner ocwpied. (k) Projects with m1:Jltiple stories shall be reviewed to ens1:Jre that design feat1:Jres s1:Jch as setbacks and window placement pro·.·ide adequate pri•,acy protection. (hi) Every multi-family project /including a multi-family portion of a mixed-use project that does not involve a subdivision) shall be required to dedicate a portion of land and/or pay a fee in lieu thereof. for the purpose of providing park or recreational facilities reasonably related to serving the development project and in accord with the standards and provisions of Section 14-25.0801b) through le) of this Code. provided that for purposes of this Article. references in Section 14-25.080 to "subdivision" shall mean "development project." references to "subdivider" shall mean "applicant," and references to "parcels" or "lots" shall mean "dwelling units." Sections 14-25.080(bl and le) notwithstanding. a broject of twenty or fewer dwelling units shall only be required to pay fees pursuant to this section. A project shall be required to pay fees and/or dedicate land pursuant to Section 14-25.080 or this section. but not both. Smaller mi><ed 1:Jse projects (twenty or fewer dwelling units) m1:Jst pay an in liel:J fee for park censtrnction. (re\ In lamer rei><ed use projects (more than twenty dwelling 1:Jnitsl either the developer m1:Jst pay an in lieu fee for park construction or constrnct common. 1:Jseable open space on site at the discretion of the Planning Commission based on the vicinity of e>dsting 01:Jblic parks. 15-58.030 Design standards. building placement and articulation. W Building placement Ill R-M district. No building placement standards. 12) CH-1 and CH-2 districts. A minimum 80 percent of ground-floor building frontage must be built at the front setback line to maintain a consistent street wall. as illustrated in Figure 15-58.030-1. Ordinance 3 99 Page 59 Figure 15-58.030-1: Building Placement. CH-1 and CH-2 Districts I A+B 2 BO"A, of W I I I I I I I I ' I r . 1~--s-----4: • • .• . . . • : 1 . . . : • 1---------------------------------:-J Front Setback Line ·.-----w --·-·--------,• . _J .. -•. -.. -.. -.. -.. -.. -.. -.. -.. -. '. _J Property Line/Street Line SIDEWALK ROADWAY (3) M-U. P-A. C-V. and C-N districts. A minimum 70 percent of ground-floor building frontage must be built within 10 feet of the front setback line. as illustrated in Figure 15-58.030-2. Figure 15-58.030-2: Building Placement. MU-MD. MU-HD. MU-VHD. P-A and C-N Districts I I I I I ·· · A+B ~70";6 of W . 1 I I , I ,· · : · .-. I I ... + ... *: .. ,A~ ~-B-.--·-+1 . 10 ft. r:?ff-2Z?R~h72?u..M'u___.M Front Setback Line 1' , ............................................................................................ w ) . · · -· · -· · -· · -· · -· · -· · -· · -· · -· · -· · _J Property Line/Street Line SIDEWALK ROADWAY /4) Corner areas. all districts. On street corners. buildings must be located at the intersecting front and street side setback lines or the corner area must be improved as part of a public plaza. a small park. or other publicly-accessible improved open space. The corner area is the area bounded by the intersecting property lines and lines perpendicular to and 30 feet from the intersecting property lines. as illustrated in Figure 15-58.030-3. Ordinance 3 99 Page 60 Figure 15-58.030-3: Corner Areas ' I I I , .·. 30 ft : ic,o : •. ' 0 __ 1}, r , J -~' I I ·~ ·r I I I I J f ·· I -----------____ J ·-·-· -_ _J Lb.l Upper-story step-back. Park, plaza or other usable open space (1) P-A. R-M. C-V. C-N. CH-1. and CH-2 districts. Requirements for upper-story step-backs are established in the base zone standards. (2) MU-MD district. {al Front and street side. On the front and street side of the building. the third story and above must be stepped back a minimum of six feet from the ground floor facade or located within a sloped roof form. (bl Interior side and rear. Where buildings abut or directly face an R-1 district. the third story and above along interior side and rear facades must be either stepped back a minimum of six feet from the ground floor facade or located within a sloped roof form. as illustrated in Figure 15-58.030-4. Roof forms must be in accordance with Section 15-58.050(al. Figure 15-58.030-4: Upper-Story Step-Back MU-MD District 2 stories requires no step-back 3rd story stepped back from ground floor by 6 ft 3rd story embedded in a sloped roof form MU-MD district max. stories Ordinance 3 99 Page 61 (3) MU-HD district. (al Front and street side. The fourth story and above must be stepped back a minimum of six feet from the ground floor facade or located within a sloped roof form. Roof forms must be in accordance with Section 15-58.050(a). (bl Interior side and rear. Where buildings abut an R-1 district. the fourth story and above must be either stepped back a minimum of six feet from the ground floor facade for a minimum 50 percent of the facade length or located within a sloped roof form. as illustrated in Figure 15-58.030-5. Roof forms must be in accordance with Section 15-58.050(a). Figure 15-58.030-5: Upper-Story Front and Side Step-Back. MU-HD District I 3 stories requires no step-back Min. 6ft ...... ->i 4th story stepped back from ground noorby 6 ft (4\ MU-VHD district (al Front and street side 4th story embedded in a sloped roof form MU-HD district max. stories Ill For portions of the building within 25 feet of the property line. the third story and above must be stepped back a minimum of 12 feet from the ground floor facade. (2\ For portions of the building set back more than 25 feet from the front or street-side property line. no upper story step-back is required. provided the setback area is improved as a landscaped and publicly accessible area. as illustrated in Figure 15-58.030-6. Ordinance 3 99 Page 62 Figure 15-58.030-6: Upper-Story Front Step-Back. MU-VHD District S: 25 ft I ---mm111< -----): I 3rd story stepped back from ground floor by 12 ft " ---mm< -_>_ 2J !! -->I I No upper-story step-back required, area must be landscaped and usable I (bl Interior side and rear. No upper story step-back required. (cl Building articulation (ll Attached rowhouses facades W Variation in plan. Where a row of attached rowhouses exceeds six units. facades of abutting attached units must be offset a minimum of 12 inches in plan view to avoid monotony in design. ill Length of townhouse building. Any single block of attached townhouses must not exceed 250 feet in length. (2) Street-facing facades over 50 feet in length. For buildings facades over 50 feet in length. all street- facing facades above the ground floor must incorporate at least one of the following. as illustrated in Figure 15-58.030-7: W A regular pattern of window bays a minimum of 24 inches in depth from building facade: or ill At least two changes of plane a minimum of 30 inches in depth from the building facade. Figure 15-58.030-7: Building Articulation. Facades over SO Feet Building fac;:ade > so ft _ --,.,. --- Min. 24 in. on upper stories -~ 'f- or min. 30 in. change of plane Building fac;:ade s; SO ft --- Ordinance 399 Page 63 (3) Street-facing facades over 150 feet in length. W Street-facing facades over 150 feet in length must comply with the standards of 15-58.040(cH2l. ibl As to all stories above the ground floor. all street-facing facades over 150 feet in length must be separated into primary facade bays no greater than 70 feet in length and secondary facade bays defined by a recess a minimum offive feet in depth and 12 feet in width. and must incorporate one of the following as illustrated in Figure 15-58.040-8. i. A change in building height of a least eight feet: or ii. A change in roof form. parapet height. or parapet shape visible from all abutting rights- of-way. Figure 15-58.030-8: Building Articulation. Facades over 150 Feet ------~,... ------------------- Building far;ade > 150 ft (4) Street-facing facades over 400 feet in length. W Street-facing facades over 400 feet in length must comply with the standards of 15-58.030(3Hal and (bl. illl Street-facing facades over 400 feet in length must also incorporate a full height recess a minimum of 40 feet in depth and 60 feet in width, as illustrated in Figure 15-58.030-9. The recess must: (i) Be closed to vehicular circulation: Oil Be improved with pedestrian amenities and a combination of landscaping and paving that serves as an extension of the abutting sidewalk: (iii) Provide a minimum of 100 square feet that is protected from the elements: and (iv) Remain accessible and open to the public. Ordinance 399 Page 64 Figure 15-58.030-9: Building Articulation. Facades over 400 Feet (5) Height of secondary facade bays. The roof of secondary facade bays shall be no higher than the Building fai;:ade > 400 ft ROADWAY corresponding elements of the primary facade bay. (dl Privacy and views Ill Balconies and decks facing an abutting R-1 district. I ·7' I W No portion of any balcony or deck may extend into a required setback along a property line shared with an R-1 district or within 4 feet of a property line shared with an R-1 district. whichever is greater. L!;u Balconies and decks facing an abutting R-1 district may be a maximum nine feet in length and three feet in depth. W All open perimeters of balconies or decks facing an abutting R-1 district must incorporate an opaque wall at least four feet in height. (2) Privacy and window placement. As illustrated in Figure 15-58.040-10. windows to a living room. dining room or family room within 10 feet of a setback line and oriented toward an interior side setback must be at least one of the following: W Be angled a minimum of 30 degrees as measured perpendicular to the adiacent side setback line: L!;u Have a minimum sill height of 42 inches from the finished floor: or W Use permanently translucent or frosted glazing. Figure 15-58.040-10: Privacy / / A . l Area within 10 ft of interior side setback ".'. ;;.,,,J/ ""';. :1 -----.-..• •I ·1 Min. 30-degree angle QC Min. sill height 42" or Tran/uscent offrosted glazing '.1 .. 1 I • I / . i • I • • I . I I ~~I ~~~ .··~1 << J j .I I .. ·I •I Ordinance 3 99 Page 65 15-58.040 Design standards. building design (al Roofs ill Roof design. Roof forms shall be limited to pitched roofs (hipped. gabled. or shed). mansard roofs. or flat roofs. W Pitched roofs. (1) Pitched roof slope must be no less than 4:12 (2) Pitched roofs must incorporate eaves a minimum of 12 inches in depth. Where eaves exceed 18 inches in depth. a regular pattern of exterior brackets. beams. dentils. or other detailing is required. Liu Mansard roofs. (ll The lower slope of the mansard roof must be no less than 65 degrees. (2) Mansard roofs must include a regular pattern of dormers for the story within. (3) False mansard roofs are prohibited. This refers to a design where a non-structural mansard form is placed over a top story with a flat roof. (cl Flat roofs. Flat roofs must incorporate one of the following: (1) A cornice line with a minimum 6-inch overhang. (2) A parapet with segments that do not exceed 15 feet in length without interruption in height or form. (dl Visibility of roof form. When any top story is stepped back and located within a sloped roof form such as a mansard roof or a hipped and/or gabled roof with dormers. the floor below must (and other floors may) be stepped back to meet the slope of the top story. as illustrated in Figure 15-58.040-1. Figure 15-58.040-1: Visibility of Roof Forms Acceptable: Multiple stories below the story embedded in a sloped roof are also stepped-back. Acceptable: One story below the story embedded in a sloped roof is also stepped back. X Not acceptable: Top story embedded in a sloped roof is the only story stepped back. (2) Roof materials. Roof materials shall be limited to wood or composition shingles. tile. standing seam metal. concrete roof tiles. or. for flat roofs. a cool roof membrane. (bl Ground floor height. The ground floor ceiling height must be a minimum of 12 inches taller than the average upper floor floor-to-ceiling height of the building. as illustrated in Figure 15-58.040-2. Ordinance 3 99 Page 66 Figure 15-58.040-2: Ground Floor Height H I '!.. ...!., (cl Building entrances. (1) Entry location. H + Min. 12" I I ..!, (al Each street-facing building facade must have at least one pedestrian entry into the structure. (bl All ground floor dwelling units located along public rights-of-way. public open space. or internal pathways must have a primary entrance. either individual or shared. facing a public street. open space. or pathway. (cl Primary entrances to ground floor dwelling units internal to a site may face an internal drive aisle or pathway. Such units must be designed so that the primary entryway is visible from a pedestrian pathway connected to a street. (d) Street-facing non-residential building facades must incorporate at least one ground floor entrance per 60 linear feet of building frontage. (21 Entry protection. All building entrances must have a roofed projection or recess with a minimum depth of four feet and a minimum width of six feet. (3) Entry types. Building entries must take one of the following forms: (al Stoop. Individual covered stoop entries with dimensions as indicated below. and as illustrated in Figure 15- 58.040-3: Ill Width of stoop: Minimum 5 feet. maximum 8 feet (21 Depth of stoop: Minimum 5 feet. maximum 8 feet (31 Finish floor level above sidewalk: Minimum 18 inches (4) Projection depth: Minimum 5 feet. maximum 8 feet (51 Clear height to projection: Minimum 8 feet Ordinance 399 Page 67 Figure 15-58.040-3: Stoop Section Plan ,.--r-,,._ ( ,. \ ( ) \ ) '--, __ ',,-I Individual porch entries with dimensions as indicated below. and as illustrated in Figure 15-58.040-4: Ill Width of porch: Minimum 12 feet (2) Depth of porch: Minimum 8 feet (3)Finish floor level above sidewalk: Minimum 18 inches (4)Clear height. if porch is covered: Minimum 8 feet. maximum 12 feet Figure 15-58.050-4: Porch Section Plan !',. . .,.,;-·-..• , ,•• I \ ! r 1 \_ ____ ) (cl Dooryard. Individual covered dooryard entries with dimensions as indicated below. and as illustrated in Figure 15-58.040-5. Ill Width of usable yard area: Minimum of 6 feet. (2) Depth of dooryard from door: Minimum 4 feet. maximum 12 feet. (3) Projection depth: Maximum 6 feet. /4) Height of enclosure: Maximum 3 feet. (5) Clear height to proiection: Minimum 8 feet. maximum 12 feet. Ordinance 3 99 Page 68 Figure 15-58.040-5: Dooryard Section Plan / I i \ ( • ) J I ..___,,., Id) Terrace. Terrace entry with dimensions as indicated below. and as illustrated in Figure 15-58.040-6: Ill Width of terrace: Maximum 120 feet 12) Depth of terrace: Minimum 8 feet 13) Distance of between entry stairs: Maximum 50 feet 14) Finish floor level above sidewalk: Minimum 24 inches: maximum 5 feet Figure 15-58.040-6: Terrance ;1' __,.. I / \ _,,(1,..,, I ( I I Jll / '(_\ I \ ) Min. 8ft: ,' ) ------r'i> I I I <I: <I: I 'o ,'" ) ~, oi :~ I NI I Ill ~, I~ \. __ XI :~ V( <VI ~I I j1 I I (/"~ I I ) Street I I [II Min. 24 in; Max. 5 ft I l '¥ \. .. , Section Plan {el Shopfront. Shopfront entry with dimensions as indicated below. and as illustrated in Figure 15-58.040-7: Ill Combined Recess/Projection Depth: Minimum 4 feet 12) Projection setback from curb: Minimum 2 feet 13) Clear height: Minimum 8 feet (4) Finish floor level above sidewalk: Maximum 12 inches (5) Shopfront width: Minimum 6 feet. maximum 20 feet (6) Shopfront entrances are allowed for non-residential uses only. 17) On buildings with street frontages exceeding 50 feet in length. shopfront frontages must incorporate: Ordinance 399 Page 69 (al A recess a maximum depth of 4 feet and minimum width of 6 feet to provide additional window display space: and (bl Variations in building base. awnings. materials. and/or color to visually articulate individual shopfronts. (81 Separation of residential and non-residential entrances. Entrances to residential units. either shared or common. shall be a minimum 30 horizontal feet from commercial entrances. Figure 15-58.040-7: Shopfront Section Plan (fl Facade design Ill Blank Walls. No wall on any level shall extend in a continuous horizontal plane of more than 12 feet without a window or a proiection. offset. or recess of the building wall at least one foot in depth. (21 Non-residential ground-floor transparency. On any commercial ground floor street-facing facades. a minimum 60 percent of the area between two and seven feet in height must include a transparent window. as illustrated in Figure 15-58.050-8. Blank walls at the ground level must include architectural details. landscaping. and/or plant-bearing trellises or lattices. Figure 15-58.040-8: Ground-Level Transparency u u u u LI LI --7 ft Transparency ........ 2 ft Ordinance 3 99 Page 70 lg) Windows and glazing (1) Window design. Trim at least two inches in width and %-inch in depth must be provided around all windows. or windows must be recessed at least 2.5 inches from the plane of the surrounding exterior wall. as illustrated in Figure 15-58.040-9. Figure 15-58.040-9: Window Design Min. 2in. - wide Min. 2.5 in ........... ) Min. 3/4 - in. deep recess from exterior wall 12\ Reflectivity. All glazing must be either clear glass or smart glass. Reflective or opaque tinting is prohibited. (3) Bird-safe glazing. (al Bird-safe glazing is required for a minimum 90 percent all glazing in uninterrupted segments 24 square feet or larger on portions of buildings up to 60 feet in height. (bl Bird-safe glazing includes glazing that is translucent. dichroic. fritted. etched. or frosted. When glazing incorporates patterns. the pattern must uniformly cover the entire window and consist of vertical elements at least 1/4 inch wide at a maximum spacing of 4 inches or horizontal elements at least 1/8 inch wide at a maximum spacing of 2 inches. (cl Exceptions. Ii\ Residential-zoned buildings less than 45 feet tall with less than 50 percent glazing are exempt from glazing requirements. However. the requirement for bird-safe glazing applies to uninterrupted glazed segments 24 square feet or larger. liil A minimum 95 percent bird-safe glazing is required for residential-zoned buildings less than 45 feet tall with more than 50 percent glazing. liiil Requirements may be modified or waived in accordance with a documented recommendation from a qualified biologist. lhl Building Materials. Ill Primary and secondary building materials. All buildings must incorporate a primary non-reflective and non-glossy building material and a secondary non-glossy and non-reflective building material. {a\ Primary materials. Primary materials must be applied to or incorporated within 50 percent or more of a facade surface area. excluding transparent surfaces. Permitted primary materials are limited to: /i\ Siding (lap. vertical. or shingle). All siding shall be wood. composite wood. or cement fiberboard. and wood siding shall be painted or stained. liil Stucco. minimum 2-coat Ordinance 3 99 Page 71 (iii) Stone. (iv) Brick. (bl Secondary materials. Secondary materials must be applied to or incorporated within less than 50 percent of a facade surface area. excluding transparent surfaces. Permitted secondary materials are limited to: (il Siding (lap. vertical. or shingle). All siding shall be wood. composite wood. or cement fiberboard. and wood siding shall be painted or stained. (ii) Stucco. minimum 2-coat. (iii) Stone. building base only. (iv) Brick. (vl Tile. (vi) Galvanized or stainless metal with a matte finish. or weathering steel. (vii) Concrete masonry units (building base only). (viii} Concrete (building base only). (2) Reflective building materials. The use of reflective building materials is limited to 25 percent of a facade surface area. excluding transparent surfaces. (3\ Material durability/protection. (al Exterior finish materials shall have an expected lifespan of no less than 30 years per manufacturer's specifications. (bl Exterior timber shall be protected from decay by stain and sealant. (c) Exterior ferrous metals shall be protected from corrosion either through the use of galvanized. stainless. or weathering steel. (4) Prohibited materials. The following are prohibited as building cladding materials: (al Synthetic stucco. (bl Ribbed metal. (cl Mirrored metal finishes. (d) Vinyl. (el Aluminum. (gl Architectural integrity and unified palette. All buildings shall be designed such that each exterior building facade is designed with the same level of detail and quality as the primary facade. Elements that must be consistent across all facades are not limited to building materials. colors. window and door trim. window and door recesses. cornices. belt courses. columns. posts/beams. brackets. columns/arches. and roof forms. (i) Unit design. Ill Sound abatement requirements. (a) Sound-abatement windows with an STC (Sound Transmission Class) rating of 42 or higher shall be installed for all residential windows facing. and within 200 feet of. Highway 85. Saratoga Avenue. or Saratoga-Sunnyvale Road. Ordinance 3 99 Page 72 (bl All elevated private open spaces such as roof gardens and terraces within 200 feet of Highway 85. Saratoga Avenue. or Saratoga-Sunnyvale Road shall face away from the right-of-way. (21 Affordable unit design. Affordable units and market rate units in the same group of buildings constructed under the same approval shall be constructed with the same exterior materials and details so that the affordable units are not distinguishable from market-rate units. 15-58.050 Design standards. parking. and loading. (al Parking location. Required off-street parking must be located in: (1) Ground-floor "tuck-under" individually secured garages: (2) Shared garages (podium or underground): or (31 Above-ground structures "wrapped" with buildings containing residential or commercial uses. (bl Tandem Parking. Tandem parking may satisfy the off-street parking requirement in accordance with the following: (ll No more than two vehicles may be placed one behind the other. (2) Both spaces shall be assigned to a single dwelling unit or to employees of the same non-residential establishment. (3) Each tandem parking bay must be a minimum 40 feet in length by 10 feet in width. (4) The number of tandem parking spaces may not exceed 50 percent of the total number of spaces. (5) Tandem parking may not be used to satisfy the parking requirement for guest parking. (cl Ground-level visibility. Ill Individually secured garages. Individually secured garages shall be accessed from a shared rear or side drive aisle where such abuts the property. Where individual garages are accessed from the right-of-way. garages shall occupy nO more than 50 percent of the frontage of each unit. as illustrated in Figure 15- 58.050-1. Figure 15-58.050-1: Individual Garages I -·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·; I I I I I I I I I I I I I lIJ Local Roadway or Interior Walkway Ordinance 399 Page 73 (2) Structured parking. Where structured parking faces the street frontage. as illustrated in Figure 15-58.050- 2. the structure must be one of the following: (al A maximum of 30 percent of the building frontage or 60 feet (whichever is less): or lb) Recessed a minimum of four feet from the rest of the building facade and screened with a living wall or textured or decorative screening: or (cl Designed such that the parking area is located in a basement. where the vertical distance from grade to the finished floor directly above the parking area is a maximum of 42 inches. Figure 15-58.050-2: Structured Parking Ground Level -.. -.. -.. -. . ---+11~·Min.4ft. ·----r I ~ X s;: LL 0 ._!. J: ~ Id) Upper-level visibility. All upper-level street facing structured parking must be screened from view from the right of way by at least one of the following features: Ill Regular openings designed to resemble windows of habitable spaces: 12) A plant-bearing trellis or living wall: or (3) Textured or decorative screening. (el Access. As illustrated in Figure 15-58.060-3. access to parking must comply with the following standards: Ill A maximum of one driveway to shared parking is permitted on street frontages up to 120 feet in length: a maximum two shared driveways are permitted on street frontages exceeding 120 feet in length. 12) Driveways to shared parking shall not exceed 30 feet in width along Lawrence Expressway and 24 feet in width along all other rights-of-way. 13) Controlled entrances to shared parking facilities (i.e. gates. doors. etc.l shall be located a minimum 20 feet from the back of sidewalk. /4l Vehicular entrances to parking areas shall be a minimum of 80 horizontal feet from vehicular entrances to parking areas on adjacent properties. (fl Mechanical parking lifts are allowed in all structured parking configurations. Ordinance 399 Page 74 Figure 15-58.060-3: Parking Access t;:rlfl!/l':J e,n':"i't;~, 1() ft . 1;: >,:f.,,:;;.'?f7' . lf9 .•. f?..Jldrtw.a,I!< i:t1--~~~~~~--=:....--'--__J I I I I . _v_. ·-·-·-·-·-·-·-·-·-·-·-·-·-·-I_ . ____ L ( --80 ft separation between entrances 'I' ---Max. 1 entrance per lot up to 120 ft wide; Max. 2 entrances per lot > 120 ft wide ---) (gl Parking separation. Parking for residential units shall be physically separated from parking for non-residential uses though a controlled fence. gate. or other barrier. 15-58.060 Design standards. site design. (al Private open space design. Ill Required private open space must take the form of balconies. decks. patios. fenced yards. or other similar areas outside the residence. Private open space may be at-grade or elevated. 121 Private open space shall be a minimum of 48 square feet per unit. 131 Required private open space for upper-level units shall be accessible to only one living unit by a doorway to a habitable room. 14\ When required common open space abuts private open space. a minimum two-foot buffer is required in addition to the required private and common open space. The buffer must be planted or otherwise designed to screen the private open space from view from the common open space. (bl Common open space design. 11\ Required common areas must be improved to enhance the outdoor environment of the development and/or provide amenities to residents. Improvements may include but are not limited to landscaped areas. walks. patios. swimming pools. barbeque areas. playgrounds. and turf. (al Minimum size: 400 square feet per lot or 15 square feet per unit. whichever is greater. (bl Minimum dimension in any direction: 15 feet. 12\ Required common open space shall be accessible to all living units on the development site by a stairway or other accessway qualifying as an egress facility from a habitable room. (3\ Common open spaces may be at-grade. elevated. on parking podiums. or on rooftops. 141 Common space shall be surfaced with materials that allow convenient use for outdoor living and/or recreation. The surface may be any combination of lawn. flagstone. wood planking. asphalt. or concrete. 151 No more than 75 percent of common open area may be hardscaped. Ordinance 3 99 Page 75 (6l The slope of required common open space shall not exceed 10 percent at any point. (cl Landscaping. (ll Required landscaping. A minimum of 12 percent of a site must be landscaped. (21 Areas to be landscaped. The following areas shall be landscaped and count toward the required site landscaping. (al Required setbacks. All required front and street-facing side setbacks. except for areas used for exit and ~ (bl Required common open space. That portion of required common open space. whether at-grade or elevated. that must be landscaped in accordance with subsection 15.58.070(bl. (cl Interior property lines abutting residential districts. Wherever a nonresidential use is located adjacent to a residential district or use. a landscape buffer at least 30 inches in width planted with a mix of trees and shrubs shall be provided along interior property lines. At least one tree of at least 15-gallon size shall be planted per 20 linear feet or as appropriate to create a tree canopy over the buffer yard. In addition. at least three shrubs shall be planted per 20 linear feet. At least 10 percent of the required trees shall be 24-inch box size. (dl Ground-floor residential building perimeters. A landscaped area a minimum of 30 inches in width shall be incorporated around the base of residential building frontages to separate ground floor residential uses from parking. drive aisles. and sidewalks. (el Parking areas. Landscaped portions of parking areas as required by Chapter 15-58.060 ("Design Standards. Parking and Loading"). /fl Unused areas. All areas of a project site not intended for a specific use. including areas planned for future phases of a phased development. shall either be landscaped or kept in a natural state. /31 Dimension of landscaped areas. No landscaped area smaller than 30 inches in any horizontal dimension shall count toward required landscaping. (dl Pedestrian and bicycle circulation. Ill Pedestrian walkways shall connect all primary building or unit entrances on a site to each other. to on-site automobile and bicycle parking areas. and to any on-site common open space areas. pedestrian amenities. and transit stops. (2) Walkways between any primary entrance and sidewalk shall be the shortest practical distance. generally no more than 125 percent of the straight-line distance. (31 Walkways must link residential units with recreational and other internal facilities and with other residential units. (41 Walkways shall be a minimum of five feet wide. hard-surfaced. and paved with permeable materials. (51 Where a required walkway crosses driveways. parking areas. or loading areas. it must be clearly identifiable through a raised crosswalk. a different paving material. a painted crosswalk. or similar method. (61 Where a required walkway is parallel and adjacent to a vehicle travel lane. it must be raised from the vehicle travel lane either by a curb a minimum of four inches high or separated by bollards or other physical barriers. /el Exterior lighting. (1) Fixtures. All exterior lighting fixtures shall be fully shielded to prevent light intrusion into adjacent buildings. oriented downward. and certified by the International Dark Sky Association. Ordinance 3 99 Page 76 (2) Color Temperature. The color temperature of outdoor lighting shall not exceed 3.000 Kelvins to minimize blue light emission. (3l Controls. All exterior lighting must be capable of accepting controls that enable dimmers. timers motion sensors. or networking to avoid unnecessary lighting and energy use. (4) Exterior building lighting. (al Ground-floor building facades and an adjacent four-foot-wide zone shall be illuminated with lighting fixtures that are placed: (il Every 40 feet or less for all building facades to illuminate the sidewalk along primary and secondary streets. (iil Every 30 feet or less for all building facades facing public open spaces and paseos. /iiil Every 20 feet or less for all ground floor blank walls. (bl Electrical elements such as wires. conduits. and panel boxes shall be concealed from public view or painted to match the background surface color. (Sl Other on-site lighting. Parking lots. driveways. circulation areas. aisles. passageways. recesses. and ground contiguous buildings shall be provided. The following minimum levels of illumination shall be achieved: (al Open parking lots: One to two foot-candles at ground level. (bl Pedestrian path/bike path: One-half to one foot-candle at ground level. (cl Covered parking: Five foot-candles at ground level. /dl Parking lot lighting shall be designed and installed so that light and glare is not directed onto residential use areas or adjacent public rights-of-way. (el Prohibited Lighting. The following types of exterior lighting are prohibited: /il Mercury vapor luminaires: /iil Searchlights: (iiil Sky beams: livl Upward-directed fixtures: and (vl Aerial lasers. Ordinance 399 Page 77 Article 15-80 -Miscellaneous Regulations and Exceptions 15-80.015 Reduced setbacks for non-conforming parcels. Side yard setback requirements for non-conforming parcels of 5.000 square feet or less shall be equal to ten (lOl percent of the lot width or six 161 feet. whichever is less. 15-80.020 Exceptions to height limitations. ~Chimneys, flagpoles, spires, and similar appurtenances may be erected to a height not more than fifteen feet above the height limit prescribed by the regulations for the district in which the site is located. (bl In multi-family residential. mixed use. and non-residential buildings. mechanical equipment and elevator and stair towers may be built to a height not more than fifteen feet above the height limit prescribed by the regulations for the applicable district provided the facilities are set back from the exterior wall one foot for every foot of projection above the height limit and do not exceed a total of 20 percent of the roof area. ~Utility poles shall not be subject to the height limits prescribed in the district regulations. 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: (I) Heating, ventilation and air conditioning (HVAC) mechanical equipment. ~No HVAC mechanical equipment shall be allowed in any required front, side or rear setback area unless otherwise required for an ADU permitted within such setback areas pursuant to Article 15-56. 121 HVAC mechanical equipment for all other (non-ADU) uses may be located no closer than six /6l feet from the rear or side property line. regardless of the required setback area. (3l No HVAC mechanical equipment shall be located in any required front setback area. ~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. 15-80.150 Lot consolidation. (al Purpose and applicability. Incentives are intended to encourage the consolidation of lots 30.000 square feet or smaller into larger development sites to achieve the scale and quality of development envisioned for the subject zoning districts. Incentives apply to consolidation of lots as part of an application for mixed-use or multi-family development in the M-U. P-A. C-N. C-V. and C-H zones. provided the resulting development site is larger than one-half acre. Lot consolidation shall be processed pursuant to Article 14-65. Merger of Parcels. (bl Incentives. Incentives for lot consolidation are as follows: Number of lots consolidated Incentive Ontions 1 Two or three lots combined into one • 10% more units allowed above the base density; or • 20% reduction in reauired oarkim! Four or more lots combined into one • 15% more units allowed above the base density; or • 20% reduction in renuired oarking 1. Incentives are in addition to any concessions or waivers granted through State Density Bonus Law. Ordinance 399 Page 78 (cl Consolidation agreements. The City Council is authorized. in its discretion. to approve by resolution agreements with project applicants providing different incentives on a case-by-case basis. such as increased building height. vacation of alleys. reductions in processing fees. in-lieu fees. or utility connection fees. Ordinance 399 Page 79 1750550.4 Attachment 2 -Updated City of Saratoga Zoning Map See next page Disclaimer: This map was prepared for informational purposes only. No liability is assumed for the accuracy of the data delineated hereon.SARATOGA SUNNYVALE AVESARATOGA AVES A R A T O G A L O S G A T O S R D B IG B AS I N WAY COX AVE PROSPECT RD FRUITVALE AVE W V A L L E Y FREEWAY QUITO RDPIERCE RD85 85 AP/OS CH-1 CH-2 C-N HR HR-AP/OS HR/AP CV C-V MU-VHD P-A R-1-10,000 R-1-10,000 PC R-M-3,000 MU-MD R-1-40,000 PC R-M-4,000 R-M-5,000 ROS MU-HD ROS-AP/OS R-1-12,000 R-1-15,000 R-1-20,000 R-1-40,000 A R-1-40,000 AP/OS C-N (S) Agriculture Agricultural Preserve / Open Space Overlay Commercial Historic - 1 Commercial Historic - 2 Commercial Neighborhood Commercial Neighborhood Shopping Hillside Residential Hillside Residential Agricultural Preserve / Open Space Overlay Hillside Residential Agricultural Preserve Commercial - Visitor Mixed Use - Medium Density Mixed Use - High Density Mixed Use - Very High Density Professional & Administrative Single Family Residential 1-10,000 Single Family Residential 1-10,000 PC Single Family Residential 1-12,000 Single Family Residential 1-15,000 Single Family Residential 1-20,000 Single Family Residential 1-40,000 Single Family Residential 1-40,000 PC Single Family Residential 1-40,000 AP/OS Multi-Family Residential - 3,000 Multi-Family Residential - 4,000 Multi-Family Residential - 5,000 Residential Open Space Residential Open Space Agricultural Preserve / Open Space Overlay Creek Single Story Overlay City Limits Sphere of Influence Urban Service Area Heritage Lanes Creeks N E S W Ord. 277 April 21, 2010 07-003 January 17, 2007 06-078 November 18, 2006 06-072 September 20, 2006 03-062 October 1, 2003 RESOLUTION DATE APPROVED Adopted by City Council TBD, 2024 0 0.3 0.6 0.9 1.20.15 Miles THE CITY OF SARATOGA ZONING MAP LEGEND R-1-40,000 R-1-40,000 R-1-40,000 R-1-40,000 R-1-40,000 R-1-20,000 R-1-20,000 P-A P-A C-N (S) R-M-3,000 MU-VHD MU-HD MU-HD MU-MD C-VR-M-3,000 A HR HR HR HR HR HR R-1-12,000 R-1-12,000 R-1-10,000 R-1-10,000 R-1-12,000 R-1-12,000 R-1-10,000 PC R-1-15,000 CH-1R-M-3,000 R-1-10,000 R-1-10,000 R-1-10,000 P-A CH-2 R-1-40,000 PC R-M-3,000 C-N R-1-5,000 MU-MD R-1-15,000 R-1-15,000 AP/OS ROS -AP/OS HR-AP HR-AP HR-AP/OS R-1-5,000 Campbell Monte Sereno Cupertino Unincorporated Area Ordinance 399Page 80