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HomeMy WebLinkAboutOrdinance 406 Approving Amendments to Chapter 15 Zoning Regulations ORDINANCE NO. 406 ORDINANCE AMENDING CHAPTER 15 (ZONING REGULATIONS) ARTICLES 15- 06, 15-12, 15-21, 15-29, 15-45, 15-46, 15-57, 15-65, AND 15-80, AND ADDING ARTICLE 15-59 TO 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. Amendments to the Chapter 15 (Zoning Regulations) of the Saratoga City Code are being proposed to implement Housing Element Programs 1.2-3 (Encourage and Facilitate Lot Consolidation), 1.2-4 (Lot Consolidation Program), 3.2-9 (Amend the Design Review Findings for Single-Family and Multi-Family Projects to Ensure they Promote Certainty and Objectivity), and 3.2.10 (Amend the Single-Family Residential Design Review Handbook to have Objective Design Standards). 3. On December 11,2024,the Planning Commission held a Study Session to review proposed amendments to Chapter 15 (Zoning Regulations) related to Housing Element programs 3.2-9 (Amend the Design Review Findings for Single-Family and Multi-Family Projects to Ensure they Promote Certainty and Objectivity) and 3.2.10 (Amend the Single-Family Residential Design Review Handbook to have Objective Design Standards). The Planning Commission received public comments and provided comments to staff on the proposed amendments. 4. On December 11, 2024, the Planning Commission also 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 to Article 15-80.150 (Lot Consolidation), supporting documents, and all testimony and other evidence presented at the public hearing; and recommended that the City Council adopt the amendments (Planning Commission Resolution 24-033). 5. On January 22, 2025, 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 to Articles 15-06, 15-12, 15-21, 15-29, 15-45, 15- 46, 15-57, 15-65, and 15-80, and considered the addition of Article 15-59. The Planning Commission considered all supporting documents, and all testimony and other evidence presented at the public hearing; and recommended that the City Council adopt the ordinance with revisions (Planning Commission Resolution 25-001). Ordinance 406 Page 2 6. On February 19, 2025, 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. 7. The City Council adopted this Ordinance at a duly noticed regular meeting on March 5, 2025. Therefore, the City Council of the City of Saratoga hereby ordains as follows: Section 1. Adoption. Chapter 15 (Zoning Regulations)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. 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. Ordinance 406 Page 3 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 19th day of February 2025, and was adopted by the following vote on March 5, 2025. AYES: COUNCIL MEMBERS FITZSIMMONS, WALIA; VICE MAYOR PAGE; MAYOR AFTAB NOES: COUNCIL MEMBER ZHAO ABSENT: NONE ABSTAIN: NONE Belal Aft , Mayo ATTEST: Britt Avrit, MMC, City Clerk APPROVED AS TO FORM: • �� DATE: 6 Z J Richard Taylor CITY ATTORNEY Ordinance 406 Page 4 Attachment 1 PROPOSED AMENDMENTS TO ARTICLES 15-06, 15-12, 15-21, 15-29, 15-45, 15-46, 15- 57, 15-65, AND 15-80, AND ADDING ARTICLE 15-59 TO THE SARATOGA CITY CODE TO IMPLEMENT POLICIES 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 (fie). 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. Ainendinents to Article 15-06-DEFINITIONS The.following definitions are added to Article 15-06 15-06.115 Block Face "Block face" refers to the five structures on either side of and on the same side of the right- of-way as a subject property, or the structures between a subject property and the nearest intersection,whichever is less. 15-06.443 Ministerial Review "Ministerial review" is a review process by which the City is obligated to issue a permit to an applicant provided the project meets all applicable development and design standards established in the Zoning Code. Ministerial review requires administrative approval by the Community Development Director to verify compliance with applicable standards: however ministerial review is based on objective standards only and is non-discretionary. 15-06.500 Repe Permeable Paving. "Permeable paving" refers to a paving system that allows stormwater to seep through and filter into the soil below. Permeable paving includes either paving made of a porous material that enables stormwater to seep through or blocks designed or spaced so that water can flow through gaps into the soil.Also referred to as pervious concrete,porous concrete,gap-graded concrete, and permeable pavers. 2. Amendments to Article 15-12 - R-I SINGLE-FAMILY RESIDENTIAL DISTRICTS [Section 15-12.010; no change] Ordinance 406 Page 5 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 (6) or fewer employees. CbJ Dwelling units allowed per Articles 15-56, Accessory Dwelling Units, and 15-57 Ministerial Consideration of Qualifying Proiects. (b) &c Transitional and supportive housing, as defined by Government Code Section 65582, subdivisions (g) and 0) and Low Barrier Navigation Centers, as defined by Government Code Section 65660 as they may be amended from time to time. (E) dWGroup homes, Class 1 and Class 2. (d) ejAccessory 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, accessory dwelling units and junior accessory dwelling units as permitted pursuant to Articles 15-56 and 15-57 of this Chapter, and guest houses. (e) 1W'_Home occupations, conducted in accordance with the regulations prescribed in Article 15- 40 of this Chapter. (4) W 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)(W Swimming pools used solely by persons resident on the site and their guests. (h)0 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. 0) W Except as specified in Section 15-12.030, recreational courts, to be used solely by persons resident on the site and their guests. (}) "k 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)W Rotating emergency shelter, provided the following conditions are met: (1) The shelter is located on a property identified as a 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. Ordinance 406 Page 6 (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. (1)gym— Manufactured homes. [Section 15-12.030; no change] 15-12.040 One d Dwelling units per site. Not more than one dwelling unit shall be located on each site, except for: Ua Aaccessory dwelling units and junior accessory dwelling units permitted pursuant to Article 15-56 of this Chapter, and (-a)Ub additional Ddwelling unit(s) permitted pursuant to Article 15-57 of this Chapter. [Section 15-12.050 ; no change] 15-12.060 Density of hillside subdivisions. In the case of a hillside subdivision, as defined in Section 14-10.140 of the Subdivision Ordinance, located within any R-1 district, the maximum number of dwelling units (density) shall be as follows, unless otherwise provided in Articles 15-56, Accessory Dwelling Units, and 15757, Ministerial Consideration of Qualifying Projects: (a) Determination of density. Except as otherwise provided in subsection(c) of this Section,the maximum density of a hillside subdivision shall be determined by dividing the net site area of the property to be divided by the average acres per dwelling unit, rounding up to the next whole number where a fraction of more than .50 is obtained. (b) Average acres per dwelling unit. The average acres per dwelling unit shall be determined by the following slope/density formula: Average acres per dwelling unit= 1/1.089 .01778 (S) Where: S = average slope in percent, as calculated in accordance with Section 15-06.630 of this Chapter. (c) Reduction of density. The City may require a reduction in the number of dwelling units below the maximum number otherwise permitted under subsection (a) of this Section if the City determines that such reduction is necessary or appropriate by reason of site conditions including, but not limited to, geologic hazards. [Section 15-12.061; no change] Ordinance 406 Page 7 15-12.070 Site frontage,width and depth. (a) The minimum site frontage, width and depth in each R-1 district shall be as follows, extent to the extent Article 15-57, Ministerial Consideration of Qualifying Projects, provides otherwise: District Site Frontage Site Width Site Depth R-1-10,000 60 ft. 85 ft. 115 ft. R-1-12,500 65 ft. 90 ft. 120 ft. R-1-15,000 70 ft. 100 ft. 125 ft. R-1-20,000 80 ft. 110 ft. 140 ft. R-1-40,000 100 ft. 150 ft. 150 ft. (b) Notwithstanding the provisions of subsection (a) of this Section: (1) The site width of a corner lot shall be not less than one hundred feet. (2) The minimum site frontage on a cul-de-sac turnaround shall be sixty feet where seventy-five percent or more of the frontage abuts the turnaround. (3) The frontage and width of an access corridor to a flag lot shall be not less than twenty feet. 15-12.080 Site coverage. The maximum site coverage,as defined in Section 15-06.620(f), in each R-1 district shall be as set forth in the following table and, where applicable, as allocated by Article 15-57, Ministerial Consideration of Qualifying Projects. Solid surface decks and compacted surfaces made of porous materials used for walkways, driveways and patios will be counted at only fifty percent of the total area of such surfaces for determining the calculation of site coverage within this Section. District Coverage (percent) R-1-10,000 60 R-1-12,500 55 R-1-15,000 50 R-1-20,000 45 R-1-40,000 35 Ordinance 406 Page 8 15-12.085 Allowable floor area for R-1, HR, ROS and A zone districts. (a) Definition. "Floor area" is defined in City Code Section 15-06.280. As used in this Article, any space with an interior height of fifteen feet or greater shall be double counted towards the maximum floor area allowance. The allowable floor area is based upon the net site area calculated in accordance with Section 15-06.620 and any slope reduction provided in Section 15-12.085(c). (b) Maximum standards. The standards set forth in this Section are intended to be maximum figures and the Planning Commission may, in considering any application over which it has design review authority pursuant to Section 15-45.060(a), require that the floor area be reduced below the applicable standard if such reduction is necessary in order to make the findings prescribed in City Code Section 15-45.080. (c) Slope adjustment. If the average slope of the lot is more than ten percent, the net site area of the lot shall be reduced as follows: *Average Slope of Percentage of Net Site Area to be Deducted the Lot 10.0120% 10% plus 2% for each 1 percent of slope over 10% 20.01-30% 30%plus 3% for each 1 percent of slope over 20% Over 30% 60% *Where the average slope is a fractional number, it shall be rounded up to the next whole number. (d) Maximum floor area for R-1,HR,ROS and A zone districts.The maximum allowable floor area shall be the lesser of the standards specified in the two following tables, as allocated, where applicable, pursuant to Article 15-57, Ministerial Consideration of Oualifvin� Projects: **Lot Size (Net Site Floor Area Standard Area) 4,999 sq. ft. or less 2,400 sq. ft. -r,. be detefmined b Planning G n„:nissia 5,000-10,000 sq. ft. 2,400 sq. ft. plus 160 sq. ft. for each 1,000 sq. ft. of net site area over 5,000 sq. ft. 10,001-15,000 sq. 3,200 sq. ft. plus 170 sq. ft. for each 1,000 sq. ft. of net site area over ft. 10,000 sq. ft. 15,001-40,000 sq. 4,050 sq. ft. plus 78 sq. ft. for each 1,000 sq. ft. of net site area over ft. 15,000 sq. ft. 40,00180,000 sq. 6,000 sq. ft. plus 20 sq. ft. for each 1,000 sq. ft. of net site area over ft. 40,000 sq. ft. Ordinance 406 Page 9 80,001200,000 sq. 6,800 sq. ft. plus 10 sq. ft. for each 1,000 sq. ft. of net site area over ft. 80,000 sq. ft. 200,000 + 8,000 sq. ft. is the maximum allowable square footage Zone District Maximum Floor Area (for larger than standard lots) R-110,000 4,400 R-1-12,500 4,830 R-115,000 5,220 R-120,000 6,000 R-1-40,000 7,200 HR and A 8,000 ROS In accordance with Section 15-20.085 of this Article "Where Where the net site area over 5,000 square feet is a fractional number, it shall be rounded up to the next whole thousand (i.e., 5,001 would be rounded.up to 6,000). 15-12.090 Front, side, and rear setback areas. (a) For any nonconforming site, as defined in this Chapter, the requirements provided in Section 15-65.040(b) apply to the site. For any conforming site, the minimum setback area requirements in the R-1 district, are as follows except as otherwise provided in Articles 15- 56, Accessory Dwelling Units. and 15-57, Ministerial Consideration of O_ualifving Projects: (1) Front setback area. The minimum front setback area of any lot in each R-1 district shall be the distance from the front lot line indicated in the following table: District Front Setback Area R-1-10,000 25 ft. R-1-12,500 25 ft. R-1-15,000 25 ft. R-1-20,000 30 ft. R-1-40,000 30 ft. (2) Side setback area of interior lots. The minimum side setback area of any interior lot in each R- 1 district shall be the distance from the applicable side lot line indicated in the following table for each side setback area: Ordinance 406 Page 10 District First Floor Second Floor Side Setback Area Side Setback Area R-1-10,000 10 ft. 15 ft. R-1-12,500 10 ft. 15 ft. R-1-15,000 12 ft. 17 ft. R-1-20,000 15 ft. 20 ft. R-1-40,000 20 ft. 25 ft. (3) Side setback area of corner lots. The minimum side setback area of any corner lot in each R-1 district shall be the distance from the applicable side lot line indicated in the following table: District First Floor Second Floor First Floor Second Floor Interior Interior Exterior Exterior Side Setback Side Setback Side Setback Side Setback Area Area Area Area R-1-10,000 10 ft. 15 ft. 25 ft. 30 ft. R-1-12,500 10 ft. 15 ft. 25 ft. 30 ft. R-1-15,000 12 ft. 17 ft. 25 ft. 30 ft. R-1-20,000 15 ft. 20 ft. 25 ft. 30 ft. R-1-40,000 20 ft. 25 ft. 25 ft. 30 ft. (4) Rear setback area of corner lots. The minimum rear setback area of any corner lot in each R-1 district shall be the distance from the rear lot line indicated in the following table.- District First Floor Second Floor Rear Setback Area Rear Setback Area R-1-10,000 10 ft. 10 ft. R-1-12,500 10 ft. 10 ft. R-1-15,000 12 ft. 12 ft. R-1-20,000 15 ft. 15 ft. R-1-40,000 20 ft. 20 ft. (5) Rear setback area of interior lots. The minimum rear setback area of any interior lot in each R- 1 district shall be the distance from the rear lot line indicated in the following table: Ordinance 406 Page 11 District First Floor Second Floor Rear Setback Area Rear Setback Area R-1-10,000 25 ft. 35 ft. R-1-12,500 25 ft. 35 ft. R-1-15,000 30 ft. 40 ft. R-1-20,000 35 ft. 45 ft. R-1-40,000 50 ft. 60 ft. [Sections 15-12.095— 15-12.100; no changes] 15-12.108 Building and Site Design Standards. The following structures must comply with the standards of Article 15-59, Single-Family Dwelling Design Standards: Single-family dwellings including employee housing for six (6) or fewer employees. Dwelling units allowed per Article 15-57, Ministerial Consideration of Qualifying Projects, 15-12.110 Accessory uses and structures. Accessory uses and structures shall comply with the regulations speeia1 ful€s as set forth in Section 15-80.030 of this Chapter. [Sections 15-12.120— 15-12.160; no changes] 5. Amendments to Article 15-21 MIXED USE ZONING DISTRICTS [Sections 15-21.010— 15-21.090; no changes] 15-21.100 MU-MD district regulations. (a) Site area. The minimum site area of any lot in a MU-MD district shall be ten thousand square feet of gross site area. (b) 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: Sixty feet Lot Width: Sixty feet Ordinance 406 Page 12 Lot Depth: One hundred feet (c) 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) Density. (1) 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. (2) Maximum density. The maximum residential density on any site in the MU-MD district shall be determined by parcel size, as follows: t ent* ' fiVe a., e"i^^ i ri*^ r Of gfOSS Site Parcel size(acresl Maximum density (dwelling units per acre of gross site area 2--,_422 15 0.5—0.749 2-0 0.75 and greater 25 (e) Coverage. The maximum net site area covered by structures on any lot in a MU-HD district shall be seventy percent. (f) 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(b) 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: (1) Front setback area. The minimum front setback area of any lot in a MU-HD district shall be five feet. (2) Side and rear setback areas. The minimum side and rear setback areas of any lot in a MU-HD district shall be five feet, subject to the following exceptions: (a) On a lot abutting any R-1 district,the minimum side setback area and rear setback area abutting such district shall be fifteen feet (b) No side setback is required for any lot that abuts a railroad right-of-way. (3) Corner side setback area. The minimum corner side setback area of any lot in a MU-HD district shall be five feet. (g) Height of structures.No structure shall exceed thirty-five feet in height or three stories. (h) 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. Ordinance 406 Page 13 (i) 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. 15-21.110 MU-HD district regulations. (a) Permitted use. In addition to the permanent uses listed in Section 15-21.020(a) of this article, the following permitted use shall also be allowed in a MU-HD district. (1) Temporary seasonal Christmas tree and pumpkin sales on a site not less than nine and one-half acres in size (b) Site area. The minimum site area of any lot in a MU-HD district shall be ten thousand square feet of gross site area. (c) 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: Sixty feet Lot Width: Sixty feet Lot Depth: One hundred feet (d) Residential floor area. A minimum of fifty percent of the total building floor area on a site shall be residential uses. (e) Density. (1) Minimum density. The minimum residential density on any site in the MU-HD district shall be thirty dwelling units per acre of gross site area. (2) Maximum density. The maximum residential density on any site in the MU-HD district shall be determined by parcel size, as follows: E-Ay Awe"; _Iery of gross to Parcel size(acresl Maximum density(dwelling units per acre of gross site areal 0 0.422 IQ 0.5—0.742 35 0.75 and greater 40 (f) Coverage. The maximum net site area covered by structures on any lot in a MU-HD district shall be seventy percent. (g) 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(b) 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: Ordinance 406 Page 14 (1) Front setback area. The minimum front setback area of any lot in a MU-HD district shall be five feet. (2) Side and rear setback areas. The minimum side and rear setback areas of any lot in a MU-HD district shall be five feet, subject to the following exceptions: (a) On a lot abutting any R-1 district,the minimum side setback area and rear setback area abutting such district shall be fifteen feet (b) No side setback is required for any lot that abuts a railroad right-of-way. (3) Corner side setback area. The minimum corner side setback area of any lot in a MU-HD district shall be five feet. (h) Height of structures.No structure shall exceed thirty-five feet in height or three stories. (i) 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. (j) Screening and landscaping. An area not less than five feet in depth along all property lines that abut a street shall be landscaped with plant materials and/or improved with sidewalks or pathways. All planting materials shall permanently be maintained by the owner or occupant of the site. 15-21.120 MU-VHD district regulations. (a) Permitted uses. In addition to the permitted uses listed in Section 15-21.020(a) of this Article, the following permitted uses shall also be allowed in a MU-VHD district: (1) Permanent emergency shelters. (2) Single-room occupancy buildings. (3) Rotating emergency shelters meeting the requirements of Section 15-12.020(k). (b) Site area. The minimum site area of any lot in a MU-VHD district shall be ten thousand square feet of gross floor area. (c) 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: Sixty feet Lot Width: Sixty feet Lot Depth: One hundred feet (d) Residential floor area. A minimum of fifty percent of the total building floor area on a site shall be residential uses. (e) Density. Ordinance 406 Page 15 (1) Minimum density. The minimum residential density on any site in the MU-VHD district shall be eighty dwelling units per acre of gross site area. (2) Maximum density. The maximum residential density on any site in the MU-VHD district shall be determined by parcel size, as follows: one h.....ared fifty dwelling units; � pe. acre of,. �;+o Parcel size(acr-W Maximum density(dwelling units per acre of gross site areal 0—0-499 80 0.5—0.749 1W 0.75 and greater 15Q (f) Coverage. The maximum net site area covered by structures on any lot in a MU-VHD district shall be ninety percent. (g) 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(b) 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 feet. (2) 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 feet. (h) Height of structures. No structure shall exceed one hundred twenty-five feet in height or twelve 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. (j) Screening and landscaping. An area not less than five feet in depth along all property lines that abut a street shall be landscaped with plant materials and/or improved with sidewalks or pathways All planting materials shall permanently be maintained by the owner or occupant of the site. (k) Development and operational standards for single-room occupancy (SRO) buildings and units. (1) SRO buildings. Ordinance 406 Page 16 a. Four 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 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. (2) SRO units. a. A unit shall have a minimum size of one hundred fifty square feet and a maximum of four hundred square feet. b. A unit shall accommodate a maximum of two 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 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 an 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 provided consistent with Section 15-35-030. (5) Tenancy of SRO units shall be for not less than thirty days. (6) An existing structure may be converted to an SRO building, consistent with the provision of this Section. (1) Development and operational standards for Emergency Shelters. (1) Shelter capacity. An emergency shelter for homeless persons shall contain no more than twenty beds and shall serve no more than twenty persons nightly. (2) Parking. On-site parking shall be provided based on one space for each employee on the maximum staffed shift. Ordinance 406 Page 17 (3) 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 adjacent 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. (4) 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. �5- (6) 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. 6 (7) 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. "7 (9) Concentration of uses. No more than one emergency shelter shall be permitted within a radius of three hundred feet of another emergency shelter. (19) 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. 6. Amendments to Article 15-29 FENCES 15-29.010 Height restrictions. (a) General regulations. A building permit shall be required for any solid fence fflefe rg eater than six feet in height.Height maximums and permitted materials for fences shall be as follows: (1) Solid fences. Except as otherwise specified in this Article, no solid fence shall exceed six feet in height. However, up to two feet of lattice(or similar material)that is at least twenty- five percent open to the passage of light and air may be added to the top of a solid fence. A solid fence taller than six feet shall not be permitted unless approved by the Planning Commission through the exception process detailed in Section 15-29.090, or approved by the Community Development Director pursuant to Sections 15-29.030, 15-29.040, or 15- 29.050 of this Chapter. (2) Open fences. Except as otherwise specified in this Article, open fencing, such as wrought iron, wire material, split rail, chain link, or other similar fencing shall not exceed eight feet in height. With the exception of chain link fencing, open fencing shall have openings sufficient to allow the unobstructed passage of a sphere having a diameter of four inches. Ordinance 406 Page 18 For chain link fencing,the opening shall be two inches at minimum and no slats are allowed in any opening. (b) Front setback area.No fence located within any required front setback area shall exceed three feet in height. (c) Exterior side setback area of reversed corner lots. No fence located within any required exterior side setback area of a reversed corner lot shall exceed three feet in height. (d) Exceptions. The height limitations do not apply to the following circumstances: (1)Wrought iron entrance gates within the front setback area,designed with openings to permit visibility through the same, may extend to a height not exceeding five feet, and shall be located a minimum of twenty feet from the edge of street pavement. (2) Safety railings that are required by the California Building Code shall be excluded from the height requirements of this Section. (3) Pedestrian entryway elements, such as arbors and trellises, when attached to a fence within a front setback area or within an exterior side setback area,may be permitted to a maximum height of eight feet, a maximum width of five feet, and a maximum depth of five feet. (4) On any lot where the front setback area, or a portion thereof, of the subject property: (1) does not have street frontage as defined by Section 15-06.290; and (2)the front lot line, or a portion thereof, of the subject property abuts the side or rear setback area of an abutting property, the maximum permitted fence height for a side or rear setback area shall be permitted within the front setback area of the subject property where it abuts the side or rear setback area of an abutting property. (e) Street intersections.No fence,hedge,retaining wall,entryway element,pilaster, gate, or other similar element located within a triangle having sides fifty feet in length from a street intersection, as measured from intersecting curblines or intersecting edges of the street pavement where no curb exists, shall exceed three feet in height above the established grade of the adjoining street. (f) Driveway intersections. No fence, hedge, retaining wall, entryway element, pilaster, gate, or other similar element located within a triangle having sides twelve feet in length from either side of a driveway where it intersects with the edge of pavement on a street without a sidewalk (or, on a street with a sidewalk, the back of the curb) shall exceed three feet in height above Ordinance 406 Page 19 the established grade of the adjoining street. Protected trees described in Section 15-50.050 of this Code are not subject to this requirement. 12 1 r7i f-PROPERTY LINE �-EDGE OF PAVEMENT (g) Vehicular obstructions. No fence, hedge, retaining wall, entryway element, or any other similar element shall constitute an obstruction as provided for in City Code Section 10-05.030. (h) Recreational courts. Fencing around recreational courts shall comply with the regulations contained in Section 15-80.030(c) of this Chapter. (i)Pilasters.Pilasters constituting a part of a fence,in reasonable numbers and scale in relationship to the nature and style of the fence,may extend to a height of not more than two feet above the height limit applicable to the fence containing such pilasters, but in no case shall the height of pilasters exceed eight feet. If pilasters within the front setback area are attached to a wrought iron entrance gate, the pilasters are permitted to a maximum height of seven feet. (j) Light fixtures. The height of a fence shall not include light fixtures mounted thereon at the entrance of driveways and sidewalks leading into a site. Not more than two such light fixtures shall be installed at each driveway and sidewalk entrance. (k) Swimming pool fences. Fences required for swimming pools are governed by the California Building Code and City Code Section 15-29.020(e). (1) Retaining walls. No retaining wall shall exceed five seven feet in height. Notwithstanding the foregoing, no retaining wall located in a front or exterior side setback area shall exceed three feet in height. 15-29.020 Fencing within hillside districts. In addition to the regulations set forth in Section 15-29.010 of this Article, fences located within an HR or R-OS district shall comply with the following regulations: (a) Area of enclosure. Except for fencing which constitutes part of a corral, no fencing on a single site shall encompass or enclose an area in excess of six thousand square feet or 15 percent of the gross site area, whichever is greater, unless approved by the Planning Commission. The fencing shall meet the requirements stipulated in {Section} 15-29.010 of this Article. Ordinance 406 Page 20 "Encompass and enclose," as used in this section, shall mean to surround an area with a continuous fence or a fence. (b) Fencing outside area of enclosure. Except for fencing which constitutes part of a corral or fencing required by the Building Code for swimming pools, fencing outside the area of enclosure shall not exceed three feet in height, and shall be split rail fencing, stone wall, or stucco. (c) Parallel retaining walls. Parallel retaining walls shall be separated by a horizontal distance of not less than five feet. Where two or more retaining walls are approximately parallel to each other and separated by a horizontal distance of thirty feet or less, the combined height of such walls shall not exceed twen feet. (d) Wildlife trails.No fence shall unreasonably impede the movement of wildlife animals utilizing an established trail or migratory route which crosses the site. (e) Swimming pool fences within hillside districts. When a fence already encompasses or encloses six thousand square feet or more on a single site, and a swimming pool fence is required for a swimming pool that is not located within the area of enclosure as described in Article [Section] 15-29.020(a), an additional area around the swimming pool may be enclosed with a fence, provided the swimming pool fence follows the contour of the pool with no more than ten feet of distance located between the fence and edge of water. (0 {Exemptions.}The provisions of this Section shall not apply to any property located within and constituting a part of Tract 7763, as shown on the subdivision map thereof recorded in the office of the County Recorder. (g) {Stipulations.} Any property located within and constituting a part of Tracts 6526 and 6528 (Parker Ranch Subdivision), as shown on the subdivision map thereof recorded in the office of the County Recorder shall meet the regulations stipulated in Resolution FE-90-001 or successor amendments. [Sections I5-29.030— I5-29.100; no changes] 7. Amendments to Article 15-45 REVIEW OFSINGLE-FAMILYDWELLINGS Article 15-45 DESIGN REVIEW OF:SINGLE-FAMILY DWELLINGS 15-45.010 Purposes of Article. The purpose of this Article is to establish standards and procedures to be followed with respect to the design review of applications for single-family dwellings, Two-Unit Residential Developments,Three-Unit Residential Conversions 3f single family dwellings ' duplexes or trip ewes and certain accessory structures to ensure that new development occurs in a manner which is consistent with the objectives of this Chapter, the residential design standards contained in Article 15-59, Single-Family Dwelling Design Standards, and the policies of the General Plan. Ordinance 406 Page 21 15-45.020 Compliance with development standards. All structures requiring dew review, as provided in Sections 15-45.060 and 15-45.065 of this Article, shall comply with the floor area standards and setback requirements contained in this Chapter or as such standards may be required by Article 15-57, Ministerial Consideration of Qualifying Projects. In the event of a conflict between the development standards required by this Article and the development standards required by Article 15-57, the requirements of Article 15-57 shall prevail. In the event of a conflict between the floor area and setback requirements in this Chapter,the more restrictive standard shall govern. The Planning Commission shall have authority to grant a variance from such regulations pursuant to Article 15-70 of this Chapter. 15-45.030 Repealed 15-45.040 Reserved (a) Purpose, applieation. Wher-e a protected er-e-ek passes through or a!E)flg a buildi otherwise- leeated E)a the site-, and in order- to provide- for- the 44tt­ of fig ineluding er-eek banks and ripar-ian habitat, a ereek proteetion easement shall be required as set out in City Code seetion 14 25.065, and building setbaeks for any fiew eonstruetiOR Shall be measured from the top of the er-eek bank(s) a-way from the wa4ef eettr-se on the sit, ­111.­ Llh­ from the pr-opefty lines of the site. The required setbaek shall be the minimum setback prose,-ibed for-the . plieable zoning district setbaeks, shall—be—eonsider-e f,.,-, ing ., shall be by Artiele 15 65, Noneonf6fming Uses and Structures. Any new addition to an existing stmeture shall eomply withthe ek .,echo setb e .,tom � (e) Aeeessory structures. Aeeessofy stfuetur-e ma�,be permitted within a er-e-ek pr-oteetion setbacks subjeet to eemplianee with the special rules as set forth in Seetion 15 90.030 of this Ghapter-. (d) Laeation of top of ereek bank. The site plans for the proposed new eanstruetion shall show the laeation of the top of the protected er-e-ek bank. "Greek bank" fne-ans the sides of a water-eettr-se, the top of w-hieh shall be the tepogfaphie line roughly pafallel to strea... ee—eiline where the side slopes inter-seet the plane of gFound tfaver-sed by the wa4efeaur-se. Where ereek banks do 11VL distinguishably e11L.1, the City Vl VU11LU GlUlA Valley Water- Distriet shall deter-mine the top of sueh banks 15-45.050 Underfloor clearance. {e4 Each new single-family main structure, Two-Unit Residential Development, Three-Unit Residential Conversion,accessory structures,or additions thereto, shall be designed to follow the slope of the site so as to reduce the clearance between ground floor levels and natural or Ordinance 406 Page 22 finish grade, whichever measurement is greater,to not more than five feet. This does not apply to any deck or balcony above ground floor level. 15-45.055 ogle Fa-may- Residential Applicability of Single-Family Dwelling Design Standards Review Ham. this Aftiele, shall be eensistent with the design teehniques deser-ibed in the City of Safatega Single Family Residential Design Review Handbeek. The Single Family Residential De-si Review Handbook embadies and illustrates the intent E)f the design review findings pr-eser-ibed i Seet; 15 n 5.080 of this Art; to All new or modified single-family dwellings,Two-Unit Residential Developments, and Three-Unit Residential Conversions shall be consistent with the requirements of Article 15-59, Single-Family Dwelling Design Standards. (W A structure that received design review approval prior to April 4,2025 is not considered a non-conforming structure if not in compliance with Article 15-59, Single-Family Dwelling Design Standards. c) If a project is not subject to review under Section 15-45.060, 15-45.065, or 15745,066, it is not subject to review under this Article or the standards contained in Article 15-59, Single-Family Dwelling Design Standards. 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 stet-y main str-uetur-eor- „lt; ster- aeeesser-y st,, et,,.o (2) An, �iry r�;,�, of. single sty, st, et„ e to a multi st st ct„ (3) Any new str-uetur-e- over-eighteen feet in height or-an, -tMeture-lha4 would eweeed eighteen feet i height a a fe-sult of tho Iru et;.,., E44 ULAny 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 squar-e feet. (6) Any projeet that i--------- the eumula4ive- Poor-area of all struetufes on a site to mefe tha < thetis nd square- feet. (7) Any pr-ejeet that, the opinion of the C6mmunity Development Direet9r,�vc signifieantly ineensistent with the design r-eview findings required in Seetion 15 4 5.080 E)f this Aftiele-> May result in i t�ensi ;e tion theiase i or- deye-l.,, pent of'the site. C-87 Ordinance 406 Page 23 (2) Any alternative design for a standard specified in Article 15-59, Single-Family Dwelling Design Standards, to be under Planning Commission purview. The approval shall reference how the alternative design meets the intent of the standard from which the variation is being sought. M 3Q Any project or project feature for which Planning Commission review is specified in this Code. (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. (c) An application under this Article may be denied if the Planning Commission makes a written finding, based upon a preponderance of evidence, that the proposed proiect would have a specific, adverse impact, upon public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. 15-45.065 Administrative design review. (a) Pursuant to this Article,the fallowing projects in the following categories that do not comply with all applicable Single-Family Dwelling Design Standards 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 including without limitation Article 15-57. Ministerial Consideration of Qualifying Proiectsl or State Law. The Director shall approve projects upon making the findings listed in Section 15-45.080, Design Review Findings.: (1) Any new single story residenee single family dwelling 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 existing 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. Ordinance 406 Page 24 (7) Any single-story addition to an existing structure in excess of eighteen feet in height 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 under as an administrative design review unless specifically required by Section 15-45.060. 9) Any addition of a second story to an existing structure. (10)Any alternative design for a standard specified in Article 15-59, Single-Family Dwelling Design Standards, to be under Community Development Director purview. The approval shall reference how the alternative design meets the intent of the standard from which the variation is being sought. (b) The application for administrative design review approval shall comply with Section 15- 45.070. The Community Development Director shall not grant design review approval unless if the project complies with Article 15-59, Single-Family Dwelling Design Standards findings sot f«4h in Section 15 n 5.080 have been made (c) If the Community Development Director intends to approve the application, a"Notice of Intent to Approve" will be mailed to all property owners within two hundred fifty feet of the subject property and to others as deemed appropriate. All interested parties will have fifteen calendar days from the date of the "Notice of Intent to Approve" in which to review the application and provide written comments to the Community Development Director. The Community Development Director shall approve or deny the application within fifteen days of the close of the review period and shall mail notice of the decision to the applicant and to any party that has requested a copy of such notice. The Community Development Director's decision is appealable to the Planning Commission within fifteen calendar days of the Director's decision to approve the application. The Planning Commission at a public hearing will review any appeal and shall approve the application if the project complies with Article 15-59,Single. Family Dwelling Design Standards. Notwithstanding, Section 15-45.110 or Section 15- 90.020, the decision of the Planning Commission on the appeal shall be final and not subject to appeal to the City Council. (d) If the application is not approved by the Community Development Director, then the applicant may file an appeal within fifteen calendar days of the Community Development Director's decision or deadline to render a decision and have the application heard by the Planning Commission at a de novo public hearing. The Planning Commission at a public hearing will review any appeal and shall approve the application if the project complies with Article 15-59 Single-Family Dwelling Design Standards. 15-45.066 Administrative ministerial review. (a) Pursuant to this Article, projects that meet the criteria of one or more of subsections (11 through (9), inclusive, of Section 15-45.065(a) and that comply with all applicable Single- Family Dwelling Design Standards shall receive administrative ministerial 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 (including without limitation Article 15-57, Ministerial Consideration of Ordinance 406 Page 25 Qualifying Projects) or State Law. In such case, the project shall be approved ministerially. [Section 15-45.070 ; no changes] 15-45.075 Reserved. Requirements for marking trees proposed for removal. Trees pfoposed for removal in eonjunetion with a pfoposed projeet shall be elearly mar-ked in the field as et fet4h below (a) The applicant shall mark tFees proposed for-r-emeval when notified to do so by the Community Develo ment Depai4ment or design,-4ed Fepresentative- at least three business days prie- advei4isiag the public hearing for-the project (E)r-in the ease of admiflistiati— desigi. least three business days prior- to issuanee of the "Notiee of intent to Approve"). Neithef the notiee publiF heafing-nOr- the "N6tiE@-^-f intent to " (as „1'c-^vre) for- the rvJcz will be mailed until the trees are marked to the satisfaetion of the Geffimunity Development Dir-EEtor and phFJt6gfaphs of the mxlFked tfe arefiled with the C,,m,,,,,nit Development Tl�cPaiTment. (b) Aceeptable means of identifying trees inelude using fluofeseent tape wrapped around the tree's tr-tink,-remoyablE king on the tree tha4 is easily visible, of another rir@ans appfoEa by the Community Developinen4 Difeeter, 15-45.080 Design review findings. If a project is subject to Planning Commission design review in accordance with Section 15- 45.060, except for Section 15-45.060(a)(2), or Administrative Design Review in accordance with Section 15-45.65, except for 15-45.065(a)(101. tThe review authority Planning Gommissian shall not grant design review approval unless it is able to make the following findings. An approval under Section 15-45.060(a)(2) or 15-45.065(a)(10) requires only the finding set out in that section. These findings are in addition to,and not a substitute for,compliance with all other Zoning Regulations (which constitute the minimum requirements, as provided in City Code Section 15-05.050). (a) Site development follows the natural contours of the site, minimizes grading, and is appropriate given the property's natural constraints. (b) All protected trees shall be preserved, as provided in Article 15-50 (Tree Regulations). If constraints exist on the property, the number of protected trees, heritage trees, and native trees approved for removal shall be reduced to an absolute minimum. Removal of any smaller oak trees deemed to be in good health by the City Arborist shall be minimized using the criteria set forth in Section 15-50.080. (c) The height of the structure, its location on the site, and its architectural elements are designed to avoid unreasonable impacts to the privacy of adjoining properties and to community viewsheds. Ordinance 406 Page 26 (d) The overall mass and the height of the structure, and its architectural elements are in scale with the structure itself and with the neighborhood. (e) The landscape design minimizes hardscape in the front setback area,contains elements that are complementary to the neighborhood streetscape, and, for sites located within the Wildland Urban Interface Area, includes a five-foot-wide nonflammable buffer around the perimeter of all structures. (f) Development of the site does not unfeasenably impaif the ability of adjoining utilize (g) The design of the structure and the site development plan is consistent with the Residential Design Handbook;pursuant to Section 15 n c 055 (h)On hillside lots,the location and the design of the structure avoid unreasonable impacts to ridgelines, significant hillside features, community viewsheds, and is in compliance with Section 15-13.100. [Sections 15-45.085— 15-45.120; no changes] 8. Amendments to Article 15-46: DESIGN REVIEW: MULI-FAMILY DWELLINGS AND COMMERCIAL STRUCTURES [Sections 15-46.010— 15-46.032; no changes] (a) Purpose, appheation. Alhere a pr-oteeted er-eek passes through or along a building site or- is 1 to d a or + •a o f +e � 6�e��vC-&tEfl--6i� rc�,—ar"rci-ii�oi-ac�r6�r6=�'-i a���rt1�e���ccct36irv�Ere @kT ineluding er-eek banks and r-ipar-ian habitat, building setbaeks for-any new eenstmetion shall be measured ffem the top of the efeek bank(s) on the site rather- than ftem the pfopefty lines o the site. (b) Existing struetures.Any existing stftietufes whieh encroach into the er-eek pfeteetion setbaeks shall be eonsidered > and shall be regulated by Aftiele 15 > Noneenforming Uses and Structures. Any new additions to existing structures shall eemply with the er-eek- 15 80.030 of this Chapten Aeeessefy str-uetufes for nonresidential pr-ojeets shall comply with the efeek pr-oteetien setbacks. (d) Location of top of ereeli banli. The site plans for the proposed new e0fistr-uCtion shall sho the loeation of the top of the pr-oteeted efeek bank. I! shall be the applieant,lpr-opeAy wxner-'s 1 c re.1 Qc of this Chapter-. [Sections 15-46.040— 15-46.070; no changes] Ordinance 406 Page 27 9. Amendments to Article 15-57 - MINISTERIAL CONSIDERATION OF QUALIFYING PROJECTS [Sections 15-57.010— 15-57.020; no changes] 15-57.030 Applicability. 0a 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: (1) 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: (i) 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. (ii) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power. (iii) Housing that has been occupied by a tenant within the last three years. (iv) 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 of Title 1 to withdraw accommodations from rent or lease within fifteen years before the date that the development proponent submits an application. (2) 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. (3) 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: (i)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, T4iis this 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 Ordinance 406 Page 28 hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development. (ii)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. (4) A proposed Twe Unit Residential Development er Thfee Unit Residential convefsion tha4 allows the demelition of more than twenty five pefeent of the existi...' +,.,,,tur-a walls, ,,loss the deve- r.. e t ; site that has not been ed by J ll UlilUl Ul VV U11J, U1111.JJ tenant i the last th fee . (54AFor a Three-Unit Residential Conversion, any parcel located outside the R-1-20 and R- 1-40 zoning districts. 5 For a Three-Unit Residential Conversion, any parcel that lacks adequate water and sewer service to serve the additional units. (b) An Affordable Multi-Family Dwelling may be located anywhere a multi-family dwelling is permitted. 15-57.040 Development Standards. Development pursuant to this Article shall comply with the following development standards and all applicable objective standards of the City Code including without limitation Article 15-59. Single-Family Dwelling Design Standards, except as otherwise expressly provided for in this section or in Article 15-56,Accessory Dwelling Units. A project proposed as part of a Two-Unit Residential Development, Three-Unit Residential Conversion, or on a lot eated 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 an Size of units. Dwelling units shall count toward the total maximum allowable floor area set by applicable zoning regulations. (1) The maximum allowable floor area, as defined in City Code section 15-06.280, for the two lots created by an Urban Lot Split shall be the allowable floor area for the original lot prior to the Urban Lot Split. Each lot shall have a maximum allowable floor area that is the larger of(i)the result of multiplying the allowable floor area for the original lot prior to the Urban Lot Split by the ratio of the area of the newly-created lot to the area of the original lot or (ii) eight hundred square feet per dwelling unit, whichever is greater. Where an existing structure uses more than the floor area that would be allocated to its lot under method (i), Ordinance 406 Page 29 the other lot shall have an allowable floor area equal to the greater of(A) the difference between the maximum for the two lots and the actual floor area already used, or (B) eight hundred square feet per dwelling unit. When a lot is limited to eight hundred square feet per dwelling unit pursuant to this section, no dwelling unit shall be greater than eight hundred square feet of floor area. (2) The maximum allowable site coverage, as defined in Saratoga Municipal Code section 15- 06.620(f), for each lot created by an Urban Lot Split shall be the larger of(i) the result of multiplying the allowable site coverage for the original lot prior to the Urban Lot Split by the ratio of the area of the newly-created lot to the area of the original lot or (ii) the area required to construct two dwelling units of eight hundred square feet floor area each. (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 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. feet.(4) A dwelling unit eenstmeted as a part of Two Unit Residential Development, Three Unit Residential Genvefsion, or- Urban Let Split leea4ed partially or- en4ifely within the side-or- rear-setbaek the City Code shall haNe amaximum floor area E)f one thaus (b) Accessory Dwelling Units. 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 two stories and a height of eighteen twenty-six 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 subject to the conversion. A pfoposed dwelling unit subject to this subsection (e) w-hieh is located withiii either the feqtfir-ed side or-r-eaf setback area as set by the under-lying zoning district shall not exceed a height E)f sixteen (d) 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. A Three-Unit Residential Conversion shall be subject to the setback requirements of the underlying zoning district. Attached covered patios constructed as part of Ordinance 406 Page 30 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) Deeks. Roof deeks are- not permitted on any dwelling unit eanstfueted pursuant to this Afficle as paft of a Two Unit Residential Development or Three Unit Residential Conver-sie . (g) fa' Heating,ventilation and air conditioning(HVAC)mechanical equipment and generators.No zoningdwelling tinits, shall be allowed in any required ftent, side, o. afea of the under-lying this ;^*. HVAC mechanical equipment and generators shall comply with the development regulations contained in 15-80.030(1). (-h)UJOff-Street Parking. One off-street parking space within an enclosed garage shall be required per unit in Two-Unit Residential Developments, Urban Lots Splits, or Three-Unit Conversion, 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: W The parcel is located within one-half mile walking distances or of 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. 2W There is a designated parking area for one or more car share vehicles within one block of the parcel. (OUhh 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. (OUi 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. (k)W Adjacent or Connected Units. Proposed adjacent or connected dwelling units shall meet all applicable building code standards and be designed sufficient to allow separate conveyance. An Urban Lot Split may separate an existing accessory unit from its primary unit only if each unit meets all building code and other applicable requirements. (1)Uk Dedications.As to an Urban Lot Split,no provision of the City Code shall apply that requires dedication of right-of-way or the construction of offsite improvements for the lots being created, although easements may be required for the provision of public services and facilities to the resulting lots. {*)L1 Adverse Impacts. An application under this Article may be denied if the Chief Building Official makes a written finding, based upon a preponderance of evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon public health and safety or-theph3, cam^' Ordinance 406 Page 31 �qt and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. 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. (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 66410)] 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 6631365852.2, or a junior accessory dwelling unit as defined in Government Code Section 66313tiG4o�z. Ordinance 406 Page 32 (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) Accessory Dwelling Units. Notwithstanding Government Code Section 66316 through 66339, inclusive 6G852.2 ^r 6585-2.22, Accessory Dwelling Units and Junior Accessory Dwelling Units shall not be permitted on any lot resulting from an Urban Lot Split on which a Two-Unit Residential Development has been approved under this Article. (e) 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. (f) 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 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. 1.57 57.060 Tree Proteetlon�. The appheant for any pfoject subject to this Ai4iele that would >damage,prune, or ener-oae.h. uYvi• u N r-eteeted tree as defined in Gity Code seetion 15 50.050 shall: 50.130 and 140 , rai4 of the ri;,.atio,, matefials. Ordinance 406 Page 33 10. Adoption of new Article 15-59: Single-Family Dwelling Design Standards Article 15-59 SINGLE-FAMILY DWELLING DESIGN STANDARDS 15-59.010 Purposes and Applicability. The purpose of these design standards is to guide the design of Single-Family Dwellings,T«o- Unit Residential Developments, and Three-Unit Residential Conversions and to support the implementation of the Housing Element of the General Plan.The goal is to establish objective standards that will provide consistent guidance for future development of single-family dwellings,Two-Unit Residential Development,and Three-Unit Residential Conversions,and implement the Housing Element in a consistent manner throughout the City. It is further the goal of these standards to ensure that new residential development is designed to be compatible with adjacent residential development. 15-59.020 Development Standards. Development standards for Single-Family Dwellings, Two-Unit Residential Developments and Three-Unit Residential Conversions are determined by the base zoning district and Article 15-57, Ministerial Consideration of Qualifying Projects. 15-59.030 Design Standards—Building Massing and Scale. aj Street-facing facade massing and scale. (b Street-facing second story facades must be either: it Stepped-back a minimum five feet from the ground floor facade directly below for a minimum 40 percent of the facade width; or iil Embedded within a sloped roof form that meets the first story eave. Figure 15-59.030-1: Second Story Street-facing Facades Second story is embedded Second story stepped back from the within a sloped roof form faacde below for>_40%of facade width FIL711 Ill LJ 2W Overhanging second stories are not permitted. 31 Second story plate height may not exceed twice that of the ground floor plate height. 4M Where a continuous eave line exists along a block face: Ordinance 406 Page 34 it New development must conform by establishing a continuous eave line within ten inches of the average eave height along the block face. ijl Additions and remodels must preserve any existing eave that conforms to the block face's continuous eave line. Figure 15-59.030-2: Continuity of Eaves Line ja - - - - - - - - - - - - - - - - -- - - - - - - - - Interior side and rear facade massing and scale. Two-story interior side facades facing an R-1 district and two-story rear facades of corner lots facing an R-1 district must incorporate a minimum of hvo vertical planes. Each plane must be at least 80 square feet in surface area and must be offset a minimum of four feet from any adjacent plane. Two-story rear facades of interior lots facing an R-1 district may be a maximum 60 feet in length without a full-height vertical change in plane at least eight feet in depth. Oc Roof form. W Roof forms shall be limited to: (i) Gables, (with or without dormers)-, (H) Hip roof, iii)Shed roof, or (iv) Flat roof. 2 Dormers which are decorative only ("false" dormers) are not permitted. Where dormers are used, each dormer must be a minimum 8 feet in width. 3� Where sloped roof forms are used, all portions of the roof that are visible from the public right-of-way must be sloped. it Sloped roof forms that are flat at the top are not permitted. ijl Structures with sloped roof forms visible from the public right-of-way and a flat roof form behind that is not visible from the public right-of-way are permitted. Ordinance 406 Page 35 M To ensure that primary roof forms, secondary roof forms, and additions are compatible in form and slope, a maximum of three roof forms may be visible from the public right- of-way on any one structure. 5� Where a facade incorporates a secondary volume such as a bank of bow windows or other projection,the roof form above the projection must reflect the change in building volume below. Large roofs forms that are independent of the volumes below are not permitted (see Figure 15-59.030-3: Roof Formsl. Figure 15-59.030-3: Roof Forms YES NO (M Residential privacy. (D Upper-story balconies, roof decks, and other habitable outdoor space must maintain a minimum five feet clear from the minimum setback line abutting an R-1 district and must include an opaque wall at least four feet jn height as measured from the floor of the outdoor open space. 2W Upper-story floor-to-ceiling windows or doors are not allowed on facades within five feet of the minimum setback line abutting an R-1 district. 3l All windows on the second story or above and within 15 feet of an interior or rear second story setback line must employ one of the following methods: o Be angled a minimum of thirty degrees as measured from a line outside the window that is parallel to the adjacent side setback line: or fi Have a minimum sill height of forty-two inches from finished floor; or iii Use permanently translucent or frosted glazing. Ordinance 406 Page 36 Figure 15-59.030-4: Residential Privacy I ' F 15ft i Area within 15 ft of I minimum interior i I side setback line __ i I I ji Min.. j Min. 30-degree angle 300 or /-; I Min. sill height 42" I or ' Tranluscent or frosted glazing I ' I I Plan ' 4 Where a second story is located within 15 feet of an interior or rear property line, a six foot fence or hedge that can grow to a height of six feet within a two-year period from the date of certificate of occupancy is required along the property line opposite from any fenestration and opposite the wall segments four feet on either side of the fenestration. (5 Where ground-floor full-height windows or transparent doors face an interior side or rear property line abutting an R-1 district at any distance from a property line,a six-foot fence or a hedge that can grow to a height of six feet within a two-year period from the date of certificate of occupancy is required along the property line that the ground-floor full-height windows or transparent doors face. The fence or hedge must run for at least the width of the windows/doors plus an additional four feet on either side. 15-59.040 Design Standards—Building Design. a� Building orientation and entrance design. 1 For single-family dwellings, the principal entrance must be located on the street-facing facade and must incorporate a projection,recess,or combination of projection and recess at least 40 square feet in area,with a minimum depth of five feet. Ordinance 406 Page 37 Figure 15-59.040-1: Entry Protection i Section Plan MIN.5' 2 For Two-Unit Residential Developments and Three-Unit Residential Conversions: it At least one principal entrance to a primary dwelling unit must be located on the street- facing facade and must incorporate a projection, recess, or combination of nroiection and recess at least 40 square feet in area,with a minimum depth of five feet. The covered area may support one entrance, two entrances, or a shared entrance. (u) Side or rear-facing principal entrances to primary dwelling units shall incorporate a projection, recess, or combination of projection and recess at least 20 square feet in area. with a minimum depth of five feet. Q) Where a facade incorporates a projecting entry feature: 0j The horizontal width of the entry feature may not exceed 25 percent of the facade width. u Eaves of a roofed projection may not exceed the eave height of the first story eaves. Figure 15-59.040-2: Entrance Features Eaves of roofed entry projection in line with first-story eaves • - - a Max.25%of facade width 4Q Alternative designs that create a welcoming entry feature facing the street may be approved by the Director pursuant to Article 15-45.065(al(101. Ordinance 406 Page 38 Window placement and design, 1 Passive cooling. On south-facing facades and facades within 15 degrees of south-facing, overhangs and eaves must be incorporated into roof and facade design to block direct sunlight in the summer months. 2 Required windows. All habitable rooms require at least six square feet of window surface. Rooms not considered habitable include bathrooms, closets, hallways, storage areas, and utility rooms. 31 Window shape. Windows may be square, rectangular, or arched. Where clerestory windows are incorporated into a facade design, windows may be irregular in shape to follow the contours of the roofline. 4� Window recess or trim. 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. Figure 15-59.040-3: Window Design Min.2 in.- trim width Min.314 in. - — Min.2.5 in-- - from exterior recess from wall exterior wall J 6 Window materials. Foam window trim is not permitted on street-facing windows. (7 Glazing. Reflective glazing is prohibited. M Shutters. Shutters width may be a maximum 50 percent of the width of the window. Figure 15-59.040-4: Shutter Width Max.50%of X X Max.50%of X Ordinance 406 Page 39 Uc Blank Walls. No wall on any level, except for garages, may run in a continuous plane of more than 20 feet without a window or a projection, offset, or recess of the building wall at least four feet in depth. M Garage design. 1) The total width of garage doors on front-facing garages may not exceed 50 percent of the width of the facade. 2) The plate height of an attached single-story garage may not exceed the first floor plate height of the rest of the structure. 3) Building materials and colors of garages (attached or detached) must be consistent with that of the rest of the structure. 4) Garage doors must be recessed a minimum of four inches from the face of the garage. 5� Garage doors must be articulated with windows, paneling, recesses, or other details that provide visual relief. Figure 15-59.040-5: Garage Door Articulation a❑ � oao 000 �❑ �❑ aao 000 1:11:11 ❑❑ z z ❑❑❑❑ 6 Three-car garages. A garage with three or more doors, or garages designed to accommodate three or more non-tandem parked cars, must be designed such that the entrance to one of the three parking spaces is set back from the other two by a minimum of two feet. Oe Building materials and colors. 1 Building materials. Building elevations must incorporate at least two distinct non- reflective materials and textures: a primary material that comprises 50 percent or more of the facade excluding transparent surfaces and a secondary material that comprises no more than 30 percent of the facade excluding transparent surfaces.Accent materials may Ordinance 406 Page 40 be used on trim and architectural details, comprising no more than 10 percent of the facade excluding transparent surfaces. 2 Material change. When there is a change in exterior building material, the material change must occur at the inside corner of a building form, or a minimum of two feet beyond an outside corner. 1) Material durability/protection. (i) Exterior finish materials shall have an expected lifespan of no less than 30 years per manufacturer's specifications. ii Exterior timber shall be protected from decay by stain and sealant. (iii)Exterior ferrous metals shall be protected from corrosion either by the use of galvanized, stainless, or weathering steel. 4 Prohibited materials. The following are prohibited as building cladding materials: i) Synthetic stucco. ii) Ribbed metal. (iii) Mirrored metal finishes. iv Vin 1. v) Aluminum. (5) Building colors. A maximum of four colors shall be applied to the building facade. t6 Roof materials. Roof materials and colors are limited to the following. i) Composition shingle. ii Spanish barrel tile, regularly or irregularly laid, and brown or brown/red in color. (iii) Standing seam metal. (iv) Concrete roof tiles: or (v) Cool roof membrane. (vi) Alternative roof materials that are similar to the above in form and color may be approved by the Director pursuant to Article 15-45.065(a)(10). f "360-degree design" requirements. All buildings must be designed with "360-degree design" where each exterior wall is designed equivalent to the primary facade in the extent of building articulation,level of detail,quality of exterior materials,and consistent with the color scheme of the primary facade. Details include but are not limited to window and door trim, window and door recesses, cornices, brackets, columns/arches, and roof forms. Additions and remodels. Notwithstanding the design standards of this Article, the following elements of additions to and remodels of existing buildings must be consistent with the design of the existing building: Ordinance 406 Page 41 1M Plate heights. On each story, the plate height of the addition must be the same as that of the existing adjacent space. 2W Roof forms. Roof forms of additions must extend and be consistent with the exjstjn structure's roof in terms of slope and form. Figure 15-59.040-6: Roof Forms of Additions I l YES NO 3� Materials and colors.The same building material and colors must be used on an addition. If the same materials and colors are not attainable, alternate materials may be used provided the resulting design complies with the standards of Section 15-59-040(el, Building materials and colors. 15-59.050 Design Standards—Site Design. La Fencing and screening. W Fence design.Where fences or gates incorporate decorative pilasters or posts, the post or post cap design must incorporate a building material or color that is consistent with that of the primary structure. 2W Prohibited materials: Chain link fences are prohibited in the front or street-side setback. 3 Visibility of solar panels. Rooftop solar panels shall have a low-profile, flush-mounted design, with a maximum of 6-inch gap between the solar panel and the roof material. If solar pgnels are mounted on a flat roof and are tilted or angled to maximize solar energy production, building parapets or other architectural elements shall provide screening from view from the right-of-way. Screening shall be architecturally continuous with the building in color, material, and trim cap detail. 4W Visibility of building-mounted utilities. Electrical panels, EV charging panels, and other building-mounted utilities may not be located on the front facade and must be screened from visibility from the public right-of-way. (5 Visibility of ground-mounted utilities. Ground-mounted mechanical or electrical equipment shall be screened using plant materials,fencing, or walls from public right-of- way. Conduits shall not be exposed on exterior walls and shall be embedded either in walls or landscaping. Ordinance 406 Page 42 Ub Paving. In addition to the standards of Section 15-12.095,Landscaping,the following site design standards are required of Single-Family Dwellings, Two-Unit Developments, and Three-Unit Residential Conversions: A continuous paved walkway at least four feet in width is required between the sidewalk or other public right-of-way and all primary entrances,whether shared or individual, to all dwelling units on-site. 2l� Where paving is at least 35 percent open, allowing grass or moss to grow through, 50 percent of the surface area counts toward the maximum amount of paving allowed in the required front setback per Article 15-12.095. 3� Permeable paving is not permitted in areas that are: i) Greater than a 2 percent slope. ij) Seasonally wet (e.g., creek bedsl: or (iii) Adjacent to a building foundation unless measures are taken to prevent infiltration under the structure (e.g., a waterproof membrane is installed to protect the foundation). Uc Landscaping and Low-Im pact Design. 1 Landscaping plans must comply with Article 15-47, Water Efficient Landscaping, to meet local priorities for native and drought tolerant landscaping, 2 Landscaping plans must comply with Article 15-50, Tree Regulations, to meet local priorities for protection of existing tree canopy. 33) Site design must be consistent with the Santa Clara Valley Urban Runoff Pollution Prevention Program C.3 Stormwater Handbook strategies for on-site retention and infiltration. 4 In the Wildland Urban Interface. a five-foot-wide nonflammable buffer is required around the perimeter of all structures. (5) Sites must be graded such that runoff from drjveways. walkways, roofs, and patios is directed onto vegetated areas. 6W Compacted soils are limited to a maximum of 20 percent of the on-site landscaped area. 07 Landscape design. (i) For each 50 linear feet of street-facing lot frontage, a minimum of one tree that reaches a mature height of 35 feet at maturity, or 25 feet in areas with overhead utility lines, is required. (H) Where trees are planted in a yard abutting a facade that is within 15 degrees of south- facing, the trees must be deciduous and provide a canopy at least 15 feet in diameter at maturi . (iii) Landscaped areas in the front and street-side yards must include at least four varieties of live trees, shrubs, or other plant materials. Landscaping installed alongside fences, climbing vines on fences, and varieties planted in permanent planter boxes count toward this minimum. Ordinance 406 Page 43 (iv) At least eight percent of the front and street-side yard must be planted with a species that is at least three feet in height at maturity. 11. Amendinents to Article 15-65 -NONCONFORMING USES AND STRUCTURES [Section 15-65.010; no changes] 15-65.020 Definitions. The following definitions apply throughout this Article, unless the context or the provision clearly requires otherwise: (a) Maintenance means routine, recurring, and usual activities for the preservation, protection, and keeping of a structure for its intended purposes in a safe and continually usable condition for which it was designed. Repainting or reroofing (in kind) of a structure is an example of maintenance. (b) Demolition means either of the following: (1) Removal or covering of more than fifty percent of the exterior walls of an existing structure so the walls no longer function as exterior walls and removal of more than fifty percent of the existing roof structure and exterior roof sheathing; or (2) Removal or covering of more than fifty percent of the exterior walls of an existing structure so the walls no longer function as exterior walls and removal of more than fifty percent of interior walls. The exclusive removal of interior walls without any modification or removal of exterior walls or any modification or removal of the existing roof structure and exterior sheathing is not considered a demolition. (c) Repair or alteration means any work (after December 2, 2015) that does not constitute a demolition of the structure as defined by this Code. (d) Nonconforming structure means a structure lawfully existing on the effective date of a change in a development standard established by this Code and continuing since that date in nonconformance to the development standard. The use of this term in this Article shall refer only to a legal nonconforming structure. (1) A structure that was not originally constructed in conformance with regulations applicable at the time is not a legal structure. (2) A structure that solely lacks the required number of off-street parking facilities, but otherwise conforms to City code is not considered nonconforming. (3) A structure that received design review approval prior to April 5.2025 is not considered a non-conforming structure based on non-compliance with Article 15-59, Single-Family Dwelling Design Standards. Ordinance 406 Page 44 (e) Nonconforming use means a use lawfully existing on the effective date of a change in a use restriction and continuing since that date in nonconformance to the use restriction. Site and structural dimensions are not considered use restrictions and are instead development standards applicable to structures. The following pre-existing uses shall constitute a nonconforming use subject to the provisions of this Article unless a conditional use permit is subsequently granted for such use: (1) A use established prior to any City regulation requiring a conditional use permit for such use, but which by virtue of later-adopted City regulation(s) becomes a use allowed only upon the granting of a conditional use permit; and (2) A use being conducted under a valid conditional use permit, but which by virtue of later- adopted City regulation(s) becomes a use no longer allowed to continue. The use of this term in this Article shall refer only to a legal nonconforming use. A use that was not originally commenced in conformance with regulations applicable at the time is not a legal use. (f) Reconstruction means either of the following: (1) Any construction work that results from a demolition as defined by this Code or modification of the footprint of a structure by more than fifty percent; or (2) Moving a nonconforming structure or a structure being used for a nonconforming use to any other location on the parcel or adjoining parcels (whether the structure movement is in whole or in part). Repair or alteration work which does not include any proposed exterior changes to a nonconforming structure is not considered reconstruction or expansion. (g) Statement of acknowledgment of legal nonconforming status means a document in form and content approved by the Community Development Director and recorded in the office of the County Recorder documenting the extent to which a use or structure on the subject property is nonconforming, but legal pursuant to the terms of this Article. (h) Work means any work,whether structural or nonstructural,that is done to a structure including repair, alteration and reconstruction, but excluding maintenance and the replacement of the interior or exterior wall coverings, fixtures, or windows or doors (without altering their respective openings). 12. Amendments to Article I5-80 - MISCELLANEOUS REGULATIONS AND EXCEPTIONS [Sections 15-80.010— 1 5-80.140, no changes] 15-80.150 Lot Consolidation (a) Purpose and applicability. Incentives are intended to encourage the consolidation of lots thit4y thousansquared 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 Ordinance 406 Page 45 in the M-U, P-A, C-N, C-V, and C-H zones, provided at least one of the consolidated lots is less than one-half acre and that the resulting development site is larger than one-half acre. Lot consolidation shall be processed pursuant to Article 14-65, Merger of Parcels. (b) ineentives. Incentives for lot consolidation in the M-U,P-A,C-N, C-V, and C-H zones are as follows: Number of lots Incentive Options 1 consolidated Two or three lots combined into one 10%more units allowed above the base density; or • 20% reduction in required parking Four or more lots combined into one T-0r20% 15%more units allowed above the base density; reduction in required parking 1. Incentives are in addition to any concessions or waivers granted through State Density Bonus Law. (c) 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. [Section 15-80.160; no changes] 15-80.165 Creek protection setbacks. (a) Purpose, application. Where a protected creek passes through or along a building site or is otherwise located on the site,and in order to provide for the future protection of creeks, including creek banks and riparian habitat,a creek protection easement shall be required as set out in City Code section 14-25.065, and building setbacks for any new construction shall be measured from the top of the creek bank(s) away from the water course on the site rather than from the property lines of the site. The required setback shall be the minimum setback prescribed for the applicable zoning district. (b) Existing structures. Any existing structure, which encroaches into the creek protection setbacks, shall be considered nonconforming, and shall be regulated by Article 15-65, Nonconforming Uses and Structures. Any new addition to an existing structure shall comply with the creek protection setback requirements. (c) Accessory structures. Accessory structure may be permitted within a creek protection setbacks subject to compliance with the sp_ ecial rules as set forth in Section 15-80.030 of this Chapter. (d) Location of top of creek bank. The site Plans for the proposed new construction shall show the location of the top of the protected creek bank "Creek bank" means the sides of a watercourse,the ton of which shall be the topographic line roughly parallel to stream centerline where the side slopes intersect the plane of ground traversed by the watercourse. Where creek banks do not distinguishably end, the City or Santa Clara Valley Water District shall determine the top of such banks. Ordinance 406 Page 46 *Xx End of Amendments Xxx 1879441.3