HomeMy WebLinkAboutOrdinance 405, Amending Chapter 15 Zoning Code ORDINANCE NO. 405
AN ORDINANCE AMENDING ARTICLES 15-18,15-19, 15-35, 15-45, 15-56, 15-57 AND
15-58 OF THE SARATOGA CITY CODE TO IMPLEMENT POLICIES OF THE 2023-
2031 HOUSING ELEMENT
The City Council of the City of Saratoga finds that:
1. On March 20,2024,the City Council adopted the 2023-2031 Housing Element for the City
of Saratoga and certified the associated Final Environmental Impact Report and adopted
all findings required by law. In connection with that approval, the City Council adopted
Ordinance No. 399 amending the City Code and rezoning properties as required to make
sites available with appropriate zoning and development standards to accommodate the
portion of the City's regional housing need for each income level that could not be
accommodated on sites available under existing City zoning.
2. The Housing Element Policy Program includes adopted programs to be implemented which
include modifying the city regulations to facilitate the construction of Accessory Dwelling
Units and recommended amendments to zoning districts that allow mixed-use development
to remove constraints that could limit maximum residential densities.
3. On September 11, 2024, the Planning Commission held a duly noticed public hearing
consistent with Section 15-85.050 of the Saratoga Municipal Code and considered the
amendments proposed in this Ordinance, supporting documents, and all testimony and
other evidence presented at the public hearing; and recommended that the City Council
adopt the amendments.
4. On October 15, 2024, the City Council held a duly noticed public hearing consistent with
Section 15-85.080 of the Saratoga Municipal Code and, after considering the supporting
documents and all testimony and other evidence presented at the public hearing, introduced
this Ordinance and waived the reading thereof.
5. The City Council adopted this Ordinance at a duly noticed regular meeting on November
6, 2024.
Therefore, the City Council of the City of Saratoga hereby ordains as follows:
Section 1. Adoption.
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., sue). 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.
Ordinance 405
Page 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
This ordinance is part of the project described in the Environmental Impact Report described in
the Findings above. 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 a Mitigation Monitoring and
Reporting Program. None of the amendments adopted by this ordinance require subsequent or
supplemental environmental analysis under CEQA,as described in Public Resources Code Section
21166 and CEQA Guidelines Section 15162 because there has not been a substantial change to the
project; a substantial change to the circumstances under which the project is being undertaken, or
new information, which was not known and could not have been known at the time the
environmental analysis was completed, has become available.
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.
Ordinance 405
Page 3
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 15th day of October 2024 and was
adopted by the following vote on November 6, 2024.
AYES: COUNCIL MEMBERS FITZSIMMONS, PAGE, WALIA, VICE MAYOR
AFTAB, MAYOR ZHAO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Nf'a—n Zhao, Mayor
ATTEST:
Britt Avrit, MMC, City Clerk
APPROVED AS TO FORM:
DATE: Z AZT"
Richard Taylor
CITY ATTORNEY
Ordinance 405
Page 4
Attachment 1
PROPOSED AMENDMENTS TO CHAPTER 15 OF THE SARATOGA MUNICIPAL
CODE TO IMPLEMENT THE PROGRAMS OF THE 2023-2031 HOUSING ELEMENT
The Saratoga Municipal Code is amended as set forth below. Text to be added is indicated in bold
double-underlined font (example) and text to be deleted is indicated in strikeout font (example).
Text in standard font is readopted by this ordinance. Text in italics (example) is explanatory and
not a part of the Code or amendments.
1. Site Coverage and Required Setbacks in the P A zoning district
15-18.060 Site coverage
The maximum net site area covered by structures on any lot in a P-A district shall be tkiity forty
percent.
15-18.080 Front, side, and rear setback areas.
(a) For any nonconforming site in the P-A 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 P-A
district, the minimum setback area requirements in the P-A zoning district, are as follows:
(1) Front setback area. The minimum front setback area of any lot in a P-A district shall be
twenty-five feet from the front lot line.
(2) Side setback area. The minimum side setback area of any lot in a P-A district shall be ten
percent of the average width of the site; provided, that a side setback area of more than
twenty-five feet from the applicable side lot line shall not be required and a side setback area
of less than ten feet from the.applicable side setback area shall not,.be permitted, subject to
the following exceptions:
(i) The exterior side setback area of a corner lot shall be not less than fifteen feet from the
exterior side lot line.
(ii) For at least fifty percent of the building facade length, Sone foot shall be added to an
interior side setback area for each two feet of height or fraction thereof by which a portion
of a structure within thirty feet of the side lot line for such setback area exceeds fourteen feet
in height;provided,that an interior side setback area of more than thirty feet from the interior
side lot line shall not be required.
(3) Rear setback area. The minimum rear setback area of any lot in a P-A district shall be
twenty-five feet from the rear lot line, subject to the following exceptions:
(i) One foot shall be added to the minimum rear setback area for each two feet of height by
which a structure exceeds fourteen feet in height.
(ii) Where a rear setback area is abutting property within an A;R-4-, or HRH district, the
minimum rear setback area shall be thirty-five feet from the rear lot line.
Ordinance 405
Page 5
2. Side and Rear Setbacks in the GN zoninp district
15-19.030 C-N district regulations.
[Sections (a)-(e); no change.]
(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.
(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 eemer lot abutting a lot in an > R 1, of 14R distriet,
side setback area shall be not less than one half of the required trOnt setbaek area o
abutting let.
(ii) Except as the(wise provided ; subsection rf)(ov;) of this co,.+;o 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 twen 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 sueh street of alley shall be ten feet.
Where a side or rear setbaek area is required under any of the foregoing Pr i i � foot shall
be added to the r-eqttifed setbaek area f6r each one f6ot of height or fract-ii — theieofby whiek a
stfueture within thirty feet of the lot line for such setback area exeeeds fourteen feet in height.
[Sections (g)-(i); no change.]
3. Required Parking Spaces
15-35.030 Schedule of off-street parking spaces.
Except as otherwise provided in this Code regarding specific project types, off-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
the(wise provided in n.bile 15 56. S54-Le
MunicipalI15-56-025.
(c)Multi-family dwellings In all zoning districts:
• One space per studio unit.
• Required parking is inclusive of guest
Ordinance 405
Page 6
parking. No spaces beyond the number noted
per unit are required.
In Mixed Use zoning districts:
• MU-MD: One and one-half spaces per
unit.
• MU-HD: One space per unit.
• MU-VHD: One and one-half spaces per
unit.
In C-V, C-N, CH-1, and CH-2 zoning
districts:
• One and one-half spaces per unit (one
space per unit covered)
In all other zoning districts ex ept Mixed
Us-e:
• One space per bedroom up to a
maximum requirement of two spaces per unit.
There is no parking requirement for any new
multi-family residential or mixed use
development that is within one-half mile
walking distance of a major transit stop,
which is the intersection of two or more major
bus routes with a frequency of service interval
of 15 minutes or less during the morning and
afternoon peak commute periods, or a major
transit stop that is included in the applicable
regional transportation plan.
(d) Hotels and motels One space for each guestroom or for each two
beds, whichever is greater.
(e) Bed and breakfast establishments One space for each bedroom to be rented, in
addition to the spaces required for the single-
family dwellin .
(f) Schools and day care facilities One space for each employee, including
teachers and administrators, plus such
additional spaces as determined by the
Planning Commission to be adequate for
student and visitor parking.
(g) Community facilities and institutional One space for each employee and such
facilities not otherwise described in this Section additional number of spaces as may be
prescribed by the Planning Commission.
(h) Places of public assembly, including religious One space for each four seats or one space for
institutions,theatres, lodge halls, auditoriums and each forty square feet of floor area usable for
mortuaries
Ordinance 405
Page 7
seating if seats are not fixed, plus one space
for each two employees.
(i)Clubs, including country clubs, recreation One space for each membership, one space
clubs, swimming clubs and tennis clubs for each employee, and such additional spaces
as may be prescribed by the Planning
Commission.
(j) Health/fitness centers One space for each 150 square feet of gross
floor area
(k)Nursing homes One space for each three beds, one space for
each two doctors providing medical services
on a regular basis, and one space for each two
employees.
(1) Professional and administrative offices One space for each two three hundred square
feet of floor area.
(m) Medical offices and clinics One space for each two three hundred square
feet of floor area.
(n) Retail establishments One space for each twe three hundred square
feet of floor area.
(o) Bulky commodity sales establishments One space for each five hundred square feet
such as household furniture, mattresses, of floor area.
appliances, carpeting and floor coverings
(p) Service establishments and financial One space for each two three hundred square
institutions feet of floor area.
(q) Restaurants One space for each seventy-five square feet of
floor area. In addition, if the restaurant has
outdoor dining, one space for each seventy-
five square feet of outdoor dining area shall
also be provided.
(r) Warehouses, storage buildings and storage One space for each one thousand square feet
facilities combined with commercial uses of floor area.
(s) Commercial uses conducted primarily One space for each employee, and such
outside of buildings, public buildings and additional spaces as may be prescribed by the
grounds other than offices, and public utility Planning Commission.
structures and facilities
(t) Single-room occupancy building One space for each unit plus one space for the
on-site manager when required and one space
for each additional employee.
Ordinance 405
Page 8
4. 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, with the exception of
an application for an attached accessory dwelling unit in compliance with Section 15-
56.025,which shall be reviewed ministerially.
(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, except in those instances
where the existing structure would exceed eighteen feet in height due to an application
for an attached accessory dwelling unit in compliance with Section 15-56.025, which
shall be reviewed ministerially.
(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.
(b) A public hearing on the application for design review approval under this Article shall be
required. Notice of the public hearing shall be given not less than ten days nor more than
thirty days prior to the date of the hearing by mailing, postage prepaid, a notice of the time
and place of the hearing to the applicant and to all persons whose names appear on the latest
available assessment roll of the County as owning property within five hundred feet of the
boundaries of the site which is the subject of the application. Notice of the public hearing
shall also be published once in a newspaper having general circulation in the City not later
than ten days prior to the date of the hearing.
Ordinance 405
Page 9
5. Article 15-56-Accessory Dwelling Units
15-56.035 Owner occupancy restrictions.
(a) With respect to a lot containing a 'u standard accessory dwelling unit, f r applieati
rcc ed-aft , 20-25; the owner must reside in either the remaining portion of
the structure or the newly created junior accessory dwelling unit. ^nQ of fbQ dwellings
an the lots must e the bena fide pr-ineipal residence of at least one legal owner- of the- lat
eentaining the dwelling, as evidenced at the time of building pe *' j . !by appr-epri
deeents of title and r-esideney. 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. Owner
occupancy shall not be required if the owner is another governmental agency, land
trust, or housing organization.
15-56.040—Permitting
Notwithstanding any other provision of this Chapter. -Wwithin sixty days of receipt of a
complete application, the Community Development Department shall ministerially approve or
deny 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 State law.
6. Article 15-57—Ministerial Consideration of Qualifying Proiects
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.
(a) Parcel Map. A parcel map for an Urban Lot Split shall be allowed with ministerial approval
if the parcel map for the lot split meets all of the following requirements:
(1) The parcel is located within a Single-Family Residential Zoning District.
(2) The parcel map subdivides an existing parcel to create no more than two new parcels of
approximately equal lot area provided that one parcel shall not be smaller than forty percent
of the lot area of the original parcel proposed for subdivision.
(3) Both newly created lots are no smaller than one thousand two hundred square feet.
(4) Each lot resulting from the Urban Lot Split adjoins the public right-of-way via a twenty foot
street frontage or have access to the public right-of-way via a recorded twenty foot wide
access easement benefiting the lot; if necessary to allow one lot resulting from an Urban Lot
Split to meet this requirement, the other lot shall provide such an access agreement.
(5) Urban Lot Splits dividing a parcel with an existing street frontage of less than eighty feet
provides only a single driveway curb cut providing access to both lots created by an Urban
Lot Split, via a twenty foot wide access easement as needed.
Ordinance 405
Page 10
(6) The Urban Lot Split does not result in a new lot with a width that is less than fifty percent of
the width of the original parcel. For purposes of this Article "width" means "site width" as
defined in City Code Section 15-06.620(d).
(7) The parcel has not been established through prior exercise of an Urban Lot Split as provided
for in this Article and Government Code section 66411.7.
(8) The parcel is not located within a historic district or property included on the State 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.
(9) Neither the owner of the parcel being subdivided nor any person acting in concert with the
owner has previously subdivided an adjacent parcel using an Urban Lot Split.
(10) The Urban Lot Split conforms to all applicable objective requirements of the Subdivision
Map Act [Division 2 (commencing with Government Code Section 664100)] and the City
Code, except as otherwise expressly provided for in this section.
(11) The landowner provides all easements required for the provision of public services and
facilities to the resulting lots.
(b) Number of Units. Section 15-57.040(b) notwithstanding, no more than 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.
(c) Development Standards. Residential uses are the only allowed uses of a lot created by an
Urban Lot Split. Development standards for residential development on each new lot
resulting from an Urban Lot Split shall conform to section 15-57.040 of this Article
Development standards shall be applied to each new building individually. If application of
the development standards of the City Code, including this Article, to an Urban Lot Split
would have the effect of physically precluding the construction of two units on either of the
resulting lots or that would result in a unit size of less than eight hundred square feet,the lots
shall conform as closely as possible to those standards while allowing the construction of
two dwelling units of eight hundred square feet floor area on each lot. Sections 15-
57.050(a)(2) and (3) are not subject to this exception.
(d) Aeeesso", Dwelling Units. Notwithstanding Government Code Section 65852.2 or
65852.22, Aeeessory Dwelling Units ts and T,,nio A ceesiory Dwelling Units is shall of-e
permitted E)n any lot festilting from an Urban Lot Split on whieh a Two Unit Residential
Development has been appr-oved under-this Artiek-
(ed) Nonconforming Zoning Conditions. Correction of nonconforming zoning conditions shall
not be required as a condition for ministerial approval of a parcel map application for the
creation of an Urban Lot Split.
(fe) Residency Requirement. An applicant for an Urban Lot Split shall sign an affidavit stating
that the applicant intends to occupy one of the housing units on the resulting lots as their
Ordinance 405
Page 11
principal residence for a minimum of three years from the date of the approval of the Urban
Lot Split. In the event that the applicant cannot sign such affidavit because the land to be
subject to the Urban Lot Split is vacant or they occupy a unit on the land but intend to
demolish that unit within three years, the applicant will qualify for ministerial approval as
set out in this article by signing an alternative affidavit. The alternative affidavit shall state
the reason for using this alternative affidavit and that the applicant (i) intends to initiate
approval of at least one housing unit on the property within three years from the date of
approval of the Urban Lot Split and (ii) intends to occupy one of the units so constructed as
their principal residence for a minimum of three years from the issuance of the last Certificate
of Occupancy for the residence to be occupied and any dwelling units for which the applicant
simultaneously applies. No affidavit requirement shall apply to an applicant that is a
"community land trust," as defined in Revenue and Taxation Code Section
402.1(a)(11)(C)(ii) or is a "qualified nonprofit corporation" as described in Revenue and
Taxation Code Section 214.15.
7. Mixed-use and multi-family desi,-n standards
15-58.030 Design Standards, building placement and articulation.
[Section 15-58.030(a)(1)-(2); no change.]
(3) M-U, P-A, C-V, and GN 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. Standard applicable only to lots that conform to the zoning district's
minimum size and lot width reauirements.
Figure 15-58.030-2: Building Placement,MU-MD,MU-HD,MU-VHD,P-A and C-N Districts
� I
A+B> 70%of IN i l
i
i
i
-10 -�lL�L�L`-�1L`- L JJ Front Setback Line
T IN
J Property Line/Street Line
SIDEWALK
ROADWAY
[Section 15-58.030(a)(4); no change.]
xxX End of Amendments x**
1834457.1