HomeMy WebLinkAboutOrdinance 413, 2025 Annual Code Update ORDINANCE NO. 413
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING
THE CITY CODE CONCERNING USE OF CITY PROPERTY (NEW CITY CODE
ARTICLE 2-60), DUTIES OF THE CITY MANAGER (CITY CODE SECTION 2-20.050),
PURCHASING POLICIES (2-45.070), CODE ENFORCEMENT (3-05.070 AND 3-30.050),
TAXI BUSINESS LICENSES AND TAXI ZONES (4-40.020 AND 9-15.110), MOTION
PICTURE FILMING (4-60.030), CONSTRUCTION AND DEMOLITION DEBRIS(7-05.110
AND 17-15.010), WEED ABATEMENT (ARTICLE 7-15) NOISE ORDINANCE
EXCEPTIONS (7-30.060); USES OF FIREPLACES (NEW ARTICLE 7-60), PARKING ON
RESIDENTIAL PROPERTY (NEW SECTION 9-15.160), HILLSIDE STREET REPAIR
(ARTICLE 9-65), TEMPORARY ENCROACHMENTS FOR CONSTRUCTION
MATERIALS (ARTICLE 10-20), PARK USE RULES AND ENFORCEMENT (ARTICLE
11-05), SUBDIVISION APPLICATIONS AND APPEALS (14-20.040 AND 14-85.020). THE
UPDATE ALSO INCLUDES THESE PROPOSED UPDATES TO THE ZONING
ORDINANCE: UPDATES TO THE ZONING MAP TO REZONE THE
CHESTER/ALLENDALE HOUSING OPPORTUNITY SITE AS REQUIRED BY THE
HOUSING ELEMENT; REMOVAL FROM THE ZONING MAP OF THE AP/OS
OVERLAY DESIGNATION THAT IS NO LONGER INCLUDED IN THE TEXT OF THE
ZONING ORDINANCE; ABANDONMENT OF PLANNING APPLICATIONS (NEW
SECTION 15-05.075),REFERENCES TO THE VILLAGE SPECIFIC PLAN(15-06.710 AND
15-19.010), SCOPE OF PLANNING COMMISSION REVIEW (15-45.060 AND 15-46.020)9
DESIGN REVIEW OF BASEMENTS (15-45.065)9 FIREPLACES (ARTICLE 15-58), TREE
PERMIT REGULATIONS (15-50.050 AND 15-50.080)9 ACCESSORY DWELLING UNITS
(ARTICLE 15-56), MINISTERIAL CONSIDERATION OF QUALIFYING PROJECTS
(ARTICLE 15-57), SINGLE FAMILY DESIGN STANDARDS (ARTICLE 15-59), AND
APPEALS(ARTICLE 15-90).
The City Council of the City of Saratoga finds that:
1. The City Code of the City of Saratoga requires periodic updates to reflects changes in law,
provide clarification to the community, and provide for improved customer service and
administration of City business.
2. Policy Program 1.1-1 of the 2023-2031 General Plan Housing Element states that the City
would rezone specific sites, identified in the Housing Element as Housing Opportunity
Sites, to accommodate the City's Regional Housing Needs Assessment. When the City
rezoned these sites to implement the Housing Element, the approximately 12 acre site at
the corner of Chester and Allendale Avenues (APN 367-01-071), designated to be rezoned
from Agricultural/Agricultural Preserve Open Space AP/OS to R-1-20,000, was not
included. The proposed amendment would update the zoning of the site to R-1-20,000 as
required by the certified Housing Element.
Ordinance 413
Page 2
3. The City Council referred the amendments to Saratoga Municipal Code Chapters 15 in this
ordinance to the Planning Commission and the Planning Commission held a duly noticed
public hearing on those amendments on September 24, 2025 and following consideration
of all testimony and written materials, recommended that the City Council adopt the
amendments to Chapters 15 set forth herein.
4. The City Council of the City of Saratoga held a duly noticed public hearing on October
15,2025, and after considering all testimony and written materials provided in connection
with that hearing introduced this ordinance and waived the reading thereof.
Therefore,the City Council of the City of Saratoga hereby ordains as follows:
Section 1. Adoption.
The Saratoga City Code is hereby amended as set forth in Exhibit A.
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
On March 20, 2024, the City Council certified the Final Environmental Impact Report for the
2023-2031 Saratoga Housing Element Update, and approved said update, and found it in
compliance with the California Environmental Quality Act(CEQA)and CEQA Guidelines,which
included a policy to rezone the 12 acre parcel (APN 367-01-071), located at the corner of Chester
and Allendale Avenue, from Agricultural to R-1-20,000. Pursuant to Public Resources Code
section 21080.085, CEQA does not apply to a rezoning that implements the schedule of actions
contained in an approved housing element. Therefore, the action to rezone APN 367-01-071 is
exempt from CEQA.
In accordance with Government Code 65852.28(e) and 66499.41(i) CEQA does not apply to the
amendments to Article 15-57 which implement those code sections.
The remaining legislation is categorically exempt from CEQA pursuant to Public Resources Code
Sections 15061(b)(3). CEQA applies only to projects which have the potential of having a
significant effect on the environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment, the
activity is not subject to CEQA. In these circumstances,the minor amendments are clarifying only
and would have a de minimum impact on the environment.
Ordinance 413
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 October 15, 2025 and was adopted
by the following vote on November 5, 2025.
AYES: COUNCIL MEMBERS FITZSIMMONS, WALIA, ZHAO; VICE MAYOR
PAGE, MAYOR AFTAB
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Belal Y.` ftab, ML��j
ATTEST:
Britt Avrit,MMC, City Clerk
APPROVED AS TO FORM:
DATE: /
Richard Taylor
CITY ATTORNEY
Ordinance 413
Page 4
Exhibit A- 2025 Saratoga Municipal Code Update
The provisions of the Saratoga Municipal Code set forth below are amended or adopted as
follows:
Text added to existing provisions is shown in bold double-underlined text(ex m le and
text to be deleted in shown in strikethrough (fie). Text in italics is explanatory and
is not an amendment to the Code except in cases where it directs renumbering of
subsections not otherwise amended. Where a section being amended includes
subsections that are not shown those subsections are unchanged by this ordinance.
1. Use of City Property
Article 2-60—USE OF CITY PROPERTY
2-60.010—Applicability of nark rules to all City-property.
In addition to any other rules or regulations applying to City property the provisions of
Section 11-05.030, which prohibit certain acts in narks shall apply to all City property
unless expressly stated otherwise in this Code or in a lease or rental agreement concerning
the property.
2-60-020—"City property" defined.
As used in this Article "City property" means all city facilities buildings and structures
owned and controlled by the City of Saratoga. City property shall include, but is not limited
to, the City Hall facilities, library, community theater. the senior center, and recreational
facilities.
2-60-030—Additional rules or restrictions.
The City_Manager or their designee may adopt and enforce additional rules or restrictions
governing the use of any City property.
2-60-040—Violations of Article: penalties; enforcement
fa The violation of any provision of this Article shall be unlawful and constitute an
infraction, subject to the penalties as set forth in Chapter 3 of this Code.
b This Article shall be enforced in the manner set forth in Section 11-05.070
2. Powers and Duties of the City Manager
2-20.050 Powers and Duties of the City Manager
Ordinance 413
Page 5
The City Manager shall be the administrative head of the government of the City under the
direction and control of the City Council, except as otherwise provided in this Article. The City
Manager shall be responsible for the efficient administration of all the affairs of the City which
are under the City Manager's control. In addition to general powers as administrative head, and
not as a limitation thereon, the City Manager shall have the following powers and duties:
[(a) through (h) no change]
(i) Expenditure control and contracting.No expenditure shall be submitted to or
recommended to the City Council except on approval of the City Manager or the City
Manager's duly authorized representative. The City Manager shall be responsible for the
purchase of all supplies and services for all the departments and divisions of the City in
accordance with the City purchasing policy and may approve and sign on behalf of the
City grants in accordance with the City donation policy as approved by resolution of the
City Council and approve and sign contracts or agreements with other public agencies
provided that such grants and agreements do not obligate expenditures by the City in
excess of twenty five thousand do! the Purchasing Threshold specified in Article
2-45. The City Council may delegate authority to the City Manager to sign any particular
grant, contract, or agreement approved by the City Council which obligates expenditures
by the City in excess of*«��Gnty five thousand do! he Purchasing Threshold
specified in Article 2-45.
[(j) no change]
(k) Public buildings. It shall be the duty of the City Manager to exercise general supervision
over all public buildings, public parks and all other public property that are under the
control and jurisdiction of the City Council and the City Manager may enter
agreements concerning the use of such buildings, parks, and other property that are
for a term of less than one year and which do not authorize exclusive use for a
continuous period of more than one week.
[(l) no change]
3. Purchase Orders and Contracts
2-45.020 - Definitions.
For the purposes of this Article, the following words and phrases shall have the meanings
respectively ascribed to them by this Section, unless the context or the provision clearly requires
otherwise:
[(a) through (h) no change]
(i) Purchase Threshold means fifty thousand dollars.
Ordinance 413
Page 6
(i d) Services means and includes labor,professional services and consulting services.
Services shall not include incidental labor such as set-up, testing, and maintenance of
supplies where the primary purpose is to purchase the supplies.
q IS) Supplies refers to and includes all goods, materials, supplies, vehicles, equipment, facility
fixtures, products, and other items of tangible personal property. May include incidental
labor for set-up, testing, or maintenance included with such supplies.
2-45.030 - Exclusions from Article.
The Purchasing Officer's procurement of supplies and services in excess of twenty five theusan
-,the Purchase Threshold must be approved or awarded by the City Council with the
exclusion of the following, which are not subject to the provisions of this Article except as
specified in Section 2-45.070(c):
[a)-(o) no change]
2-45.070 - Authorization for purchase orders and contracts.
(a) The Purchasing Officer is hereby authorized to issue purchase orders and award contracts
for supplies or services where the cost thereof does not exceed twenty five-
dollars-the Purchase Threshold. The Purchasing Officer may delegate this authority to
Department Directors subject to such administrative policies and procedures as may be
adopted by the Purchasing Officer.
(b) Contracts or purchase orders for supplies or services involving a cost in excess of twenty
five *h,,,,san de4afs the Purchase Threshold must be approved or awarded by the City
Council, unless the contract is an extension or renewal of a contract approved or
awarded by the City Council that contemplated such extension or renewal or unless
approved pursuant to procedures specified as exempt from this Article under Section 2-
45.030 Exclusions from Article, above.
(c) The Purchasing Officer is authorized to approve payment for authorized purchases. This
includes payments above the hasi^ twenty five thousand dollar Pur-ehasing Offieer limit
as noted under- Seetien 2-4-8 9-Purchase Threshold, and for all other contract and
payments approved by the City Council including payments for purchases not otherwise
subject to this Article. In turn, the Purchasing Officer may delegate this authority to
Department Directors for payments in connection with purchases initiated by their
respective departments.
2-45.110 - Open market purchases.
Purchases of supplies or services having a cost of twenty five thousand de4afs the Purchase
Threshold or less may be made in the open market with informal bidding procedures. Whenever
practicable at least three informal price quotations will be obtained and purchases shall be
awarded on the basis of the price quotation most advantageous to the City. Purchasing Agents
Ordinance 413
Page 7
may solicit price quotations either orally or in writing, or may utilize price information on file
with the City or available elsewhere. The Purchasing Officer shall establish policies and
procedures for seeking informal bids.
2-45.120 - Competitive bidding; exceptions.
(a) Except as otherwise provided in subsection (b) of this Section, all purchases of supplies
or services involving a cost exceeding twenty tee * oos a do! the Purchase
Threshold shall be made by contract awarded pursuant to the formal competitive bidding
procedure set forth in Section 2-45.130.
(b) A contract for the purchase of supplies or services involving a cost exceeding*���ezoo�=fie
thousand do the Purchase Threshold may be awarded by the City Council without
competitive bidding in each of the following cases:
[(b)(I)-(6) no change]
2-45.160 -Joint purchase with other agencies.
Notwithstanding any other provision of this Article, the Purchasing Officer may issue a joint
purchase order together with any other city, county, or public agency for the purchase of supplies
or services,provided the specifications for such supplies or services have been approved by the
Purchasing Officer if the cost thereof is up to twenty five *heosa a do! the Purchase
Threshold, or by the City Council if the cost thereof exceeds twenty five thousand do4ar, the
Purchase Threshold, and provided further that the Purchasing Officer or City Council, as
applicable, determines that at least one of the other agencies has solicited or advertised for bids
in a manner similar to the applicable procedures set forth in this Article.
4. Code Enforcement
3-01.025 - Enforcement Officers
Each Enforcement Officer of the City shall have the duty of enforcing the provisions of this
Code, and any other ordinance of the City, and any rule, regulation or order promulgated
or issued pursuant to this Code, and the provisions of any code adopted by reference by
this Code, and any condition of an approval. permit or license ranted pursuant to this
Code, and any statutes contained in Chapters 9 and 10 of Division 11 of the State Vehicle
Code relating to the stopping, standing and parking of motor vehicles and the removal of
parked or abandoned motor vehicles. Whenever, under the provisions of this Code a
particular department head,_officer or employee has been delegated a duty of enforcement
such duty and responsibility is not revoked hereby but shall continue and be concurrent
with the duty of each Enforcement Officer. The City Council may, from time to time by
ordinance or resolution, add to, change or modify the duties of the Enforcement Officers,
and may create priorities of responsibility in relation to the particular department head
officer or employee who also may have a concurrent duty of enforcement under an
particular provision of this Code, or any other ordinance of the City, or any rule,
Ordinance 413
Page 8
regulation or order promulgated or issued pursuant to this Code or the provisions of any
code adopted by reference by this Code, or any condition of an approval permit or license
granted pursuant to this Code.
3 05-070—EnfoFeeme *c� t Offlee-s.
Each Enferaement Offiaar of the Git shall have the duty ofenfor-eing the pr-ovonsof thisCode, and any other er-dinanee of the r-egulation or-order-promulgated or-
> and any nile,
Code,issued puFstiant to this Code, and the pr-ovisions of any eede adepted by r-efer-enee by this
statutes eentained in Chapters 9 and 10 of Divisien 11 of thia. &Atia.i'1,QLiele Code relating to the
stepping, standing and par-king of motor-vehieles and the r-emoval of parked or abandoned me
vehieles. Whenever-, under-the pFovisiens of this Gede, a paAietilar-depat4ment head, offieer-oFt
empleyee has been delegated a duty of efifer-eefflent, stieh dtit�, and responsibility is not r-eveked
Jll
lamlAl
her-ebb „+ shall a „+roue and b eeneuffent ith t�fiEaecr'c+`y'-Carer-e merit ffieerThe�
7
Golifleil
from time te
> > 7 add f
of the Enfer-eement , and may
pate r/N l.+lt f responsibility in r-elatien+ 4L
head, offieer-or employee who also may have a eeneuffent duty-9
Code,enfor-eement under-any pai4ieular-pr-ovisien of this
or-any other-eFdifianee of the ,
Code, or-
any rule, r-egulatien or-order-pr-emulgated of issued pufstiant to this Code, or-the pr-evisiells o
a-ay eode adopted by refer-enee by this
,
granted pursuant to this Code.
S. Administrative Citation Hardship Review Process
3-30.050 -Miscellaneous provisions.
[(a)-(c) no change]
(d) Any person subject to a fine issued pursuant to this Article may petition the City
Manager or the Manager's designee for a hardship waiver to reduce the amount of
the fine upon a showing by the responsible party that the responsible part-has
made a bona fide effort to comply after the first violation and that payment of the
full amount of the fine would impose an undue financial burden on the responsible
party. The application shall include a sworn affidavit, together with any supporting
documents or materials. demonstrating the person's actual financial inability to pay
the fine. In determining the responsible party's financial ability or inability to nay
the fine. the City Manager or designee shall consider the amount of the penalty
imposed, the income of the responsible party, the expenses of the responsible party,
and any other factors that are reasonably related to the responsible party's ability to
pay the fine. If the hardship waiver application is denied, a written determination
listing the reasons for said denial shall be issued and provided to the applicant at the
address listed on the petition.
(de) The City Manager is authorized to promulgate procedural rules and regulations governing
the civil administrative citation process consistent with this Article and applicable law.
Ordinance 413
Page 9
6. Business License Requirement for Taxis
4-40.020—Business license and Driver's permit.
(a) No person shall operate a taxicab, or permit a taxicab owned or controlled by that person
to be operated within the City without first having obtained a valid permit under a
permitting program of any county or any other city, whose ordinance complies with
California Government Code section 53075.5 and all applicable state and federal laws.
(b) Any per-son desiring to operates a taigeab in the City shall also apply ,1� bt
until the business heense pursuant to this Gode.No sueh business lieense shall be issued unless and
lioant
under-this Aftiele.
rrhas first obtained a validpeFmit
4-40.040—Violations of Article; penalties.
The violation of any provision contained in this Article, or the violation of any condition of a
certificate or driver's permit issued hereunder, is hereby declared to be unlawful and shall
constitute a misdemeanor and a public nuisance, subject to the penalties as prescribed in Chapter
3 of this Code. The enf e + of this A,.+i elo Y ,.t„+ to Chapter 3 all be in addition - --- -
pr-aeeedings eendueted under- Seetion 4 40.100 of this Chapter- to revake a business heense by
LLUVi1 of 11e F t �a violation.
J
7. Permit Requirements for Motion Picture Filming
4-60.030—Permit required.
[(a) and(b) no change]
Cc Notwithstanding subsection (a) of this Section, a permit shall not he required for
motion picture filming conducted entirely on private property,provided that the total
length of vehicles parked on City streets in connection with the filming does not
exceed 35 feet.
8. Construction and Demolitions Debris
7-05.050 - Discarded material and C&D debris containers.
[(a) through (d) no change]
(e) All C&D debris shall be containerized in roll-off containers. Such containers shall be
kept in a suitable location upon such premises, readily accessible to the collector. C&D
debris containers shall not be placed on a public right-of-way or private alley and no
encroachment permit shall be issue for such containers.
7-05.110 - Violations of Article; infraction offense.
Ordinance 413
Page 10
The violation of any provision contained in this Article is hereby declared to be unlawful and
shall constitute an infraction and a public nuisance, subject to the penalties as prescribed in
Chapter 3 and Article 17-10 of this Code, and, for violations concerning construction and
demolition debris, issuance of a stop work order pursuant to Chanter 16 of this Code.
17-15.010. - Covered projects.
[(a) and(b) no change]
(c) All new construction and demolition projects within the City, including City-sponsored
projects, shall comply with this chapter and shall submit a Waste Management Plan
required by section 17-15.050 prior to the beginning of any construction and demolition
activities.
(1) Newly constructed buildings and demolition
(2) Non-residential renovation, remodel, addition, or alterations to an existing
structure within the City, as determined by the building official
(3) Residential renovation, remodel, addition, or alternations that increase the
structure's eenditioned area, volume, or size, as determined by the building
official and indicated on the building permit.
9. Weed Abatement
7-15.040 Declaration of nuisance and order to abate; public hearing by City Council.
(a) The City Manager shall furnish annually to the City Council a report of those properties on
which any weeds, rubbish, refuse, dirt, obstructions or other dangerous materials have been
found to exist in violation of this Article. The City Council shall review such report at a
public hearing and upon the close of the public hearing make any changes therein it deems
necessary or proper and, by resolution, declare a public nuisance to exist upon the properties
described in the report and order abatement of the nuisance.
(b) At least ten calendar days prior to the public hearing, the City Manager shall send to the
owner of each property on which a nuisance has been found to exist, at the owner's address
as shown on the latest available equalized assessment roll, a notice informing the owner of
the nuisance and directing abatement of the nuisance within the time specified in the notice
which shall be not less than ten days after the date on which the notice is mailed. The notice
to abate shall also advise the property owner of the following:
(1) The date, time, location of the City Council public hearing;
(2) That upon failure by the owner to abate the nuisance within the specified time, the
property will be declared a public nuisance and the weeds,rubbish,or other materials
will be removed by the City or its agents, employees or contractors;
(3) That all fees and abatement costs in the amount set forth in the notice shall be charged
to the owner;
Ordinance 413
Page 11
(4) That ,,,,nlr1ayment of the fees and abatement eests will r-esult in the same being and
be levied as a special assessment against the property, to be collected at the same
time and in the same manner as o,.,ai,,aiFy real estate ro er taxes;
(54)That any person objecting to the declaration of nuisance or the proposed abatement
thereof may present such objections at the public hearing to be conducted by the City
Council at the time and place indicated in the notice.
[(c) no change]
7-15.060 Account of costs and billing.
The City shall keep an account of fees and the costs of abating such nuisance upon each
separate lot or parcel of land and shall „,1 a hillfor-the same to the„ reAy o .by
the address or-addresses to whieh the or-iginal notiee of abatement had pr-evieusly been selit,
h' 11 hill shall speeif, on the faee thereof that, in the event f+h failure of tthe full payment the same within thiAy days fFem date of mailing, the ametints set fbAh in sueh f
bill, together with
administration costs;which will become a lien against the land and shall constitute a special
assessment and be collected at the same time and in the same manner as genera l m•., ieiV 1
ro er taxes ee Qty, and a hearing on such assessment and any objections thereto will be
held by the City Council at the time and plaee indioated i the billing, d that no other f 1,___
fietiee will be given of sueh assessment and heafing other-than as set fei4h on the faee of the
billing'
7-15.070 Assessment report and hearing.
The City Manager shall submit a report to the City Council of all �unpaid hills r weed
abatement costs and fees, and a list of the parcels to be assessed for the costs and fees. The
Council shall conduct a public hearing on the report, at which time any property owner may
object to any matter contained in the report. No notice need be given eh hearingother-th
Se +io„ 7 1 c o*n The City Council shall review the report, hear and determine any objections
thereto, and make any changes therein it deems necessary or proper, after which the Council
shall by resolution confirm the report and assessment as submitted or modified. The decision by
the Council shall be final.
10. Noise Ordinance
7-30.060—Exceptions for specific activities.
(a) Construction activities. Construction, alteration, repair, and grading activities shall not
exceed one hundred dBA measured at any point twenty-five feet or more from the source
of noise. Such activities may be conducted between the hours of 7:30 A.M. and 6:00 P.M.
Monday through Friday and between the hours of 9:00 A.M. and 5:00 P.M. on Saturday.
Construction activities shall be prohibited on Sundays and weekday holidays, with the
exception of the following: (1) Residential residential construction activities that do not
require a City permit, or which are authorized by a valid City permit and do showing that
Ordinance 413
Page 12
the permitted work does not exceed fifty percent of the existing main or accessory
structure, may be conducted between the hours of 9:00 A.M. and 5:00 P.M. on Sundays
and weekday holidays.
[(b) through (h) no change]
0 Park maintenance. Park maintenance may begin at 7.00 A.M. or earlier in
connections with special events planned in the next 48 hours if approved in advance
by the City Manager.
! Solid waste collection All solid waste collection activities occurring after 6.00 A.M.
are exempt from the noise standards set forth in Section 7-30 040
11. Fireplaces
Article 7-60 Miscellaneous Offenses
7-60.010 Use of Fireplaces
It is unlawful to burn garbage, plastics, rubber, paints, solvents, oil, treated wood products
particle board, glossy or treated paper, coal, or any other material that produces noxious
or toxic emissions when burned in a fireplace
12. Taxi Zone Restrictions
n 15.110 Taxi zones.
(a4 Restr-ietien. On!), eemmer-eial taxis may stand or-park in any taxi zone a4 an),tifne.
(b Signs and painted our-br A4ie + s established,1, .a 1, + .a faeo f t b
C�7 , +
E)f the seetion so established shall be painted white, and one sign shall be er-eeted in sueh
:' fi e of the
(e4 Designa4ien of taxi zones The following a b a peftions of t bl' + + inthe City
listed below a-re designated as twEi zenes and subjeet to the r-estr4etions of this Seetion.:
Pafk Plaza Plaee. st side of Park Plaza-Plaee,from•,,,Ft 1 er-esswalk to a point+ t
toe feet,,.,,.+b,e ster-ly t f
the beginning of the eur-ve at the neftheast eoFaer-of the inter-seetion of Safategalbes Gates
Read with Saratoga Gir-ele to a point tweat�, four-feet aeAhwester-ly ffem the begifffling-4
Sar-a4ega/Les Gates Read. The northeast side of Sar-atega/Les Ga4es Read 4om a peiffH4
Ordinance 413
Page 13
13. Parking on Residential Property
9-15.160 Residential Parkin.
In a residential zoning district vehicles may be narked only in a garage, carport other
parking area designated on the approved plans, or on a driveway meeting the standards of
Saratoga Municipal Code 16-17.160 in a location that does not interfere with passage of
other users of the driveway or the safe passage of emergency vehicles. This limitation does
not apply to vehicles stored in accordance with Article 9-55 of the Saratoga Municipal
Code.
14. Hillside Street Repair Fee
9-65 TTTT T CTTIE C"TAET7T D1=n n rn FEE
�Trl7 v11WL1 1W1Tt11\1-LT
V
hn-position and payment.
A hillside street Fe-pair-fee in the amettat of twe thousand five hundr-ed seventeen dellafs is impose'
upon eaeh new residential dwelling unit to be eenstrueted in the 14R Zoning Distr-iet. The fee shall
be paid in At!! a4 the tifne a building pei:mit is issued or in the ease of new r-esidential dwelling
units within a newly developed subdivision,prior-to the time an offer-of dedioation of the- Foad-s in
said subdivision as publie streets is aeeepted. Emeept pwsua-at to a building peffflit issued prior-
T 1J per-son G 1 994 may begin + ti dwelling llig unitwithin the 14 7
J D
D s+,.;..+, „lens the hillside street repaF L, been paid.
The hillside street Ys
ir-fee shall not apply to wiy of the following.:
ReeenstmeiiSiz, r-emedeli S}on, rehabilitation or- r-eplaeement ozf--ccn existing
dwelling tfait,
(b)
(e) Aeeesser-y dwelling units, as deed in GhapteF
9-65.030 Gr— ation of fund and use ,a
IiJV V1�VVVVT�T
All fees eelleeted under-this AAiele shall be Eleposited into a speeial fund entitled "
upon,1441side Street
Repair Fund." The fund, including an5, interest eafned ther-eon, shall be used exelusively to off-set
hillside streets the dedieation of whieh is weepted subsequent to or-eanditioned
the adeption
of this 7 7 7
Ordinance 413
Page 14
whiek eneempassesthe G� , has been issued.
adjustment-vrrc�
The hillside street repair- fee set foAh in Seetion 9 65.010 shall be iner-eased as of April ist eae4
year- by the per-een4age of any iner-ease in the Ga!T-fans Highway index above the level of stieh
index o A p f l 1 1 n94.
965.050 refunds.
The hillside street repair- fee shall be refunded on appheation of the fee payer-if it is shwA%to the
satisfaetien of the City Manager-that an),building pei:fait for w-hirsh the fee has been eelleeted has
been . eeled o suffender-ed without nstr-,,etio,. of any
: - - ttfid-
95.060 OpeFat date-.
building pei:mits for-eenstigietion ef dwelling units within the 14R Zoning Distr-iet issued on er-aftef
july The hillside street repair- fee is applieable to all subdivision and develepment appr-evals and all
1994-.
15. Encroachment Permits
10-20.010 - Definitions.
For the purposes of this Article, the following words and phrases shall have the meaning
respectively ascribed to them in this Section:
(a) Encroachment means any Q excavation, ii structure, object or improvement of any kind
or character whatsoever, or(iii) materials, equipment or temporary structure of any
kind,placed, erected or constructed, either in, under or over any public street on a
temporary or permanent basis, including, without limiting the foregoing, any pipe,
drain or conduit under or across any street, road or highway, or any advertising sign or
device on or extending over any part of a public street.
[(b) and(c) no change]
10-20.020 - Unauthorized encroachments; declaration of public nuisance.
(a) No encroachment shall be created, erected, constructed, placed or permitted to remain
contrary to the provisions of this Article or any other provision of this Code. The
existence of any such encroachment is hereby declared to constitute a public nuisance.
(b) Any person causing, creating, erecting, constructing, placing or permitting an
encroachment contrary to the provisions of this Article or any other provision of this
Code shall be guilty of a misdemeanor an Such person shall remove or abate
the encroachment within ten days after a notice from the City to do so in addition to any
other fees or penalties that may be due. If the encroachment is not removed, it may be
Ordinance 413
Page 15
removed or otherwise abated by the City in accordance with the procedures set forth
in Chapter 3 of this Code.
10-20.040 - Exceptions.
No encroachment permit shall be required for any of the following:
(a) The installation of aboveground utilities for electricity, telephone or cable television
service.
( ) The temper-at=y, storage of building equipment and materials, in - Ai4iele
l c of this r ao
(eW The planting or placing of lawns, plants, shrubs, trees, temporary fences and other
removable landscaping by the owner of the underlying fee within the unimproved
portions of a street right-of-way but to the rear of any curb and gutter. Such landscaping
shall be at the risk of the owner and shall be removed by such owner from such right of
way upon ten days' written notice from the City. Failure to so remove shall make the
encroachment and the owner subject to the provisions of Section 10-20.020.
(d� Encroachments shown on a subdivision map approved by the City Council.
16. Park Use Restrictions
11-05.030—Acts prohibited in parks generally.
Ma) through (c) and(e) throukh (s) no channel
(d) Erect, place, of construct} or move into a park any eauipment. building} or structure of
any kind,whether temporary or permanent in character, including,without limitation, nets
or goals or other similar sporting equipment, tents or other temporary shelters for the
purpose of overnight camping, house trailers, camp trailers, pickup campers, or other
movable structures or vehicles used or to be used for any such purpose, except as may
otherwise be provided in this Chapter.
(q) Hawk, vend, peddle, sell, solicit the sale of or offering for sale any food, drink, goods,
wares,merchandise or services of any kind including,but not limited to classes,lessons,
practices, drills, fitness training, or other structured activities directed by a coach
trainer, or instructor whether or not offered for compensation or donation), or
advertisement of the same, in any park or area thereof except_.,+ an evei4 with ., use
agreement appreved as authorized by the City Council or a
g ther-i g e f eene "'" '"�' per-sons ub v t t permit issued pursuant
a w
to this Chapter.
11-05.040 Acts prohibited except in designated areas.
No person shall do any of the following acts within the limits of any park in the City except in
such areas of the park where specifically permitted:
Ordinance 413
Page 16
[(a) through (i) no change]
(j) Engage in or practice or train for any organized team sport or game except in areas
specifically designated therefor.
11-05.050 - Acts prohibited except with special permit.
No person shall do any of the following acts within the limits of any park in the City except upon
the issuance of a special permit for such act(s)pursuant to Article 11-10, and only so long as
such permit remains in full force and effect, the permittee has complied with all conditions set
forth therein, and the permittee has obtained all other governmental approvals required for the
permitted use (e.g., noise exception permit for sound in excess of noise standards, business
license for sales, County Health Department approval for serving food, etc.):
a The use or occupation of an ark or area thereof b .,bliely dvei ise b1
P Y p Y �:;�N�.,.�.,�, a �+TITJGR--nR'.�7 JeTITQiCCgG
of-by any group of persons one ndreR fifteen or more in number.
[(b) and(c) no change]
(d) Hawking, vending, peddling, selling, soliciting the sale of or offering for sale any food,
drink, goods, wares, merchandise or services of any kind (including, but not limited to
classes, lessons. practices. drills,_fitness training, or other structured activities
directed by a coach, trainer, or instructor whether or not offered for compensation
or donation), or advertisement of the same, in any park or area thereof at an assemb]-ge
of per-sons ene hundred LiffibeF.
[(e) no change]
11-05.060 - Supplemental regulations.
The Gity Goune l Director may from time to time by .r to order lut adopt additional
supplemental regulations relating to the conduct of persons, uses and activities permitted,
regulated or prohibited on park property which are not contradictory or contrary to any of the
provisions of this Chapter, , require the Pir-e,ter-o f the Dir-eeter-'s subordinates
rfn e the
17. Enforcement Tools for Park Use Violations
11-05.070-Violations of Article; penalties; enforcement.
(a) The violation of any provision of this Article shall be unlawful and constitute a
misdemeanor a� ice, subject to the penalties as set forth in Chapter 3 of this Code.
b In addition to any other remedy available under this Code or state law, an
enforcement official may, in their discretion, order the immediate cessation of any
activity prohibited by this Article and may remove or exclude from a park any person
who has violated any provision of this Article. Any person who is ordered to leave
Ordinance 413
Page 17
must immediately leave the nark and may not return during the same calendar day
in which they were ejected unless specifically authorized to do so by the enforcement
official who issued the order or another enforcement official It is a violation of Lhis
Article for any person to fail or refuse to comply with any lawful order or direction
issued by an enforcement official acting pursuant to this Article. Failure to cease an-
violation of any provision of this Article upon request will result in the person in
violation being deemed a trespasser and subject to all applicable penalties under the
Fa—Ws of the State of California and this Code.
(be The City Manager or his designee shall be the official responsible for the enforcement of
this Article and for the implementation of this Article in the designation of areas for
particular uses; and areas in which certain uses are prohibited, and for the posting of the
requisite notices of the same.
18. Title Report Requirements for Subdivision Applications
14-20.040—Contents of application.
Ma) throuk(x) and(z) through (cc) no chanke I
(y) A preliminary title report issued not more than one hundred twenty (120) ten days prior
to the date of filing the application by a reputable title company doing business in the
County, issued to or for the benefit of the City and showing all parties having any interest
in the land to be subdivided. In addition, an updated title report shall be provided at
the time the subdivision mania finalized.
19. Deadline for appeal of subdivision decision.
14-85.020 - Time limit on notice of appeal.
The appellant shall file the notice of appeal with the City Clerk and pay the filing fee thereon
within the period specified by section 15-90.050 of this Code tea —d—elys after the ElElate E)n Whjeh
the determination er-deeis; „ by the Planningr r-ender-ed.
20. Zoning Man Amendment—AP/OS Overlay
Amend the Zoning Map to remove the AP/OS overlay from the following parcels: 503-10-044,
503-10-065,503-10-067, 503-09-008, 503-11-006, 503-11-008,503-11-009,503-74-001, 503-74-
002, 503-74-003, 503-74-004. See map included as Exhibit A-1.
21. Zoning Man Amendment—Allendale/Chester Housing Opportunity Site
Ordinance 413
Page 18
Amend the Zoning Map to redesignate the Allendale/Chester Housing Opportunity site(APN 397-
01-071 number]) from A — AP/OS to R-1-20,000 as required by the Housing Element. See map
included as Exhibit A-2.
22. Abandonment ofApplications
Adopt the following new code section:
15-05.075 Planning Applications
Any application for an approval pursuant to this Chanter shall be deemed abandoned if the
City has requested payment of fees or costs or additional information in writing and there
has been no response from the applicant within 180 days of the initial request or a period
required by statute for the submission of additional materials has passed without the
required submittal. The City shall notify the applicant of the pending abandonment at least
30 days but no more than 60 days before it takes effect. The City shall return any
unexpended funds on deposit. There shall be no refund of application fees for an abandoned
application. An applicant may reapply at any time by submitting a new application and
application fee.
23. Definition of"pillage"
15-06.710 Village.
"Village" means the area of the City designated as the "Saratoga Village Plan Area" in
subjeet to the current Saratoga General Village rpo Plan, as adopted by the City pursuant
to the requirements of the Government Code on May 18, 1988, ^ra elassi fie pur-stian+to this
24. Commercial District Purposes
15-19.010—Purposes of Article.
(a) through 09 are not being amended.l
(g) To implement the Saratoga General Village Spe Plan, as adopted by the City
pursuant to the requirements of the Government Code An May ,Q 1998,sa��a, and thereby achieve
the following objectives with respect to the Saratoga Village Plan Area:
(1) Preservation and enhancement of the small-scale, pedestrian character of the Village to
make the area more inviting to potential shoppers and diners.
(2) Preservation and enhancement of the architectural and landscape quality of the Village.
(3) Encouragement of a town center mix of specialty shops, restaurants, convenience shops,
services and residences.
Ordinance 413
Page 19
(4) Conservation of historic structures.
25. Planning Commission Review: Design Review Standards in A, R-1, HR, and R-OS
Districts (Sections 15-45.060 and 15-46.020)15-45.060 Planning Commission design
review;public hearing.
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 project that requires design review under the terms or conditions of any tentative or
final subdivision map, use permit, variance or conditional rezoning.
(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.
(3) Any projector project feature for which Planning Commission review is specified in this
Code and any project with a feature for which Planning Commission review is specified in
this code (for example, a retaining wall variancel.
(4) Any commercial or other non-residential structure located in any A HR or R-OS
district.
Lb) and(c) no change 1
15-46.020—Requirement for design review; public hearing.
(a) In each of the following cases, no building permit shall be issued until the proposed
improvements have received design review approval by the Planning Commission pursuant to this
Article to the extent not precluded by another section of this Chapter or State Law:
(1) Any new main structure in an R-M, P-A, M-U, or C district.
(2) Any expansion over five hundred square feet to an existing main structure in an R-M, P-
A, M-U, or C district.
(3) Any substantial exterior alteration, as determined by the Community Development
Director, to an existing structure in an R-M, P-A, M-U, or C district.
(4) Any addition over twenty-two feet in height to an existing main or accessory structure in
an R-M, P-A, M-U, or C district.
(5) Any parking lot in an R-M, P-A, M-U, or C district covering an area of one thousand
square feet or greater.
Ordinance 413
Page 20
(6) Any structure, except a single-family dwelling or accessory structure,having a floor area
of one thousand square feet or greater, located in an A-, R-1, 14R r v OS district.
(7) Any mixed-use project.
[(b) no change
26. Design Review of Basements
15-45.065 Administrative design review.
(a) Pursuant to this Article, 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 Projects) 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 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 now or- ealarged basement.
(65) Any new or replacement structure that results from a demolition as defined by Section
15-06.195.
(76) 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.
(S�D Any single-story addition to an existing single-story structure in excess of eighteen feet
in height can be approved under administrative design review unless specifically required by
Section 15-45.060.
(9M Any addition of a second story to an existing structure.
(4-9D 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
Ordinance 413
Page 21
reference how the alternative design meets the intent of the standard from which the variation is
being sought.
[(b) through (d) no change]
27. Wood Burning Fireplaces
Article 15-48 - LIMITATIONS ON WOOD BURNING FIREPLACES
15-48.010 -Purpose of Article.
The purpose of this Article is to improve and maintain air quality conditions in the City in
order to protect and enhance the health and quality of life of its citizens, as well as contribute to
improvements in regional air quality, by reducing air pollutant emissions from --"^^a W44:Ai4g
fireplaces.
15 48.020 Defi-nitio
prep " an ins a..e " Aso f�c+efy built 1eyieo designed with an air-
to
be selely used for-pr-epa-Fatien of feed
> wood buming evens,
15-48.030 - Limitations.
All wood burning and gas-fueled fireplaces shall conform to the regulations of the Bay Area
Air Quality Management District. The regulations generally prohibit wood burning
fireplaces in new building construction and set standards for gas-fueled fireplaces.
(a) Only one weed bufning fir-eplaeo per- lot or-per-multi family dwelling may be ifi-st-A-1-t-2—d in a
any
new eonstr-uetien. All fir-eplaees in emeess f one insnewtalled „s+,..,etie,.. shall be g fired
jets, > > o
logs.
.ix..,....Ab A....1....A.....<, ieb."A...A.v..s of he yr iiui I' viii�6
garbage,(b) it is unlawful to bum > opaints, > >treated ,
paftiele > > >
1-48.040--Ef-eetiye date-
> >
and shall apply to all peffflits issHed OR
or-after- (1..tebe« 16, 1 904
28. Title of Section on Tree Permits
Ordinance 413
Page 22
15-50.050 Removal of ft4 *Trees without ermits.
Ma) through 69 no change?
29. Tree Removal Criteria
15-50.080—Determination on permit.
(a) Criteria. Each application for a tree removal, pruning, or encroachment permit shall be
reviewed and determined on the basis of the following criteria:
(1) The condition of the tree with respect to disease, imminent danger of falling,proximity to
existing or proposed structures and interference with utility services,and whether the tree is a Dead
tree or a Fallen tree.
(2) The necessity to remove the tree because of physical damage or threatened damage to
improvements or impervious surfaces on the property.
(3) The topography of the land and the effect of the tree removal upon erosion, soil retention
and the diversion or increased flow of surface waters,particularly on steep slopes.
(4) The number, species, size and location of existing trees in the area and the effect the
removal would have upon shade, privacy impact, scenic beauty, property values, erosion control,
and the general welfare of residents in the area.
(5) The age and number of healthy trees the property is able to support according to good
forestry practices.
(6) Whether or not there are any alternatives that would allow for retaining or not encroaching
on the protected tree. A permit shall not be issued if there is any alternative that would allow
for retaining or not encroaching on the protected tree.
(7) Whether the approval of the request would be contrary to or in conflict with the general
purpose and intent of this Article. A permit shall not be issued if the approval of the re_a__u__e_st_
would be contrary to or in conflict with the general purpose and intent of this Article
(8) Any other information relevant to the public health, safety, or general welfare and the
purposes of this ordinance as set forth in Section 15-50.010.
(9) The necessity to remove the tree for economic or other enjoyment of the property when
there is no other feasible alternative to the removal.
(10) The necessity to remove the tree for installation and efficient operation of solar panels,
subject to the requirements that the tree(s) to be removed, shall not be removed until solar panels
Ordinance 413
Page 23
have been installed and replacement trees planted in conformance with the City Arborist's
recommendation.
(11) The necessity to remove a tree following the creation of defensible space within 100 feet
of a structure located within the Wildland Urban Interface Area as defined in section 16-20.150 of
this Code, in accordance with defensible space standards established by CAL FIRE or as
determined by Santa Clara County Fire Department, and that risk of increased wildfire cannot
reasonably be addressed through maintenance or without tree removal.
(12) Monterey pine (Pinus radiata) or blue gum (Eucalyptus globulus) located within the
Wildland Urban Interface Area as defined in section 16-20.150 of this Code. Notwithstanding
the criteria set forth in subsections (a)(1) through (a)(11) a tree removal permit may always
be granted for the removal of a Monterey pine (Pinus radiata) or blue gum (Eucalyptus
globulusl located within the Wildland Urban Interface Area
[(b) no change?
(c) Decision by Director. The Community Development Director shall render his or her
decision within thirty days after the filing of the application for a permit. The Director may grant
or deny the application or grant the same with conditions, including, but not limited to, (1) the
condition that one or more replacement trees be planted of a species and size and at locations as
designated by the Director.- provided that for Pef properties located in the Wildland Urban
Interface Area as defined in section 16-20.150 of this Code, required replacement trees shall not
include those species listed in Section 15.50.080(a)(12)1, (2) relocation of existing tree desired to
be removed, and/or(3)payment of a fee or the posting of a bond or security deposit in favor of the
City to the Tree Fund (provided that any tree replacement fee imposed for tree removal in
connection with a development proposed in Wildland Urban Interface Area as defined in
section 16-20.150 of this Code may, at the applicant's discretion be placed in a separate
Safety Fund for use in Wildland Urban Interface Area public safety imnrnyemeat nroipctc_
Any such tree replacement, relocation, fee payment, or bonding or security deposit shall be at the
sole expense of the applicant.
f(d) no chance
30. Accessory Dwelling Units
{Omitted)
31. Ministerial Consideration of Qualifyinz Proiects
Amend Article 15-57 as shown on Exhibit A-3
32. Multifamily Development Standards
Ordinance 413
Page 24
15-58.020 Development standards
The provisions of this article apply to all multi-family residential and mixed-use projects that
are allowed uses under this Code or State law. The standards contained herein are intended to be
objective in nature,meaning that the application of the standards involves no personal or subjective
judgement by a public official and are uniformly verifiable by reference to an external and uniform
benchmark or criterion available and knowable by both the development applicant or proponent
and the public official prior to submittal. The standards that apply to commercial uses are not
applicable to a project that includes only multi-family residential development, but they are
applicable to the commercial portion(s) of a mixed-use project. Those standards that apply to
residential uses apply to both multi-family residential projects and the residential portion(s) of a
mixed-use project. In addition to the standards set forth elsewhere in this Article all multi-
family residential and mixed-use nroiects shall comply with the following standards:
a throu h no chap e
(h) Every multi-family project (including a multi-family portion of a mixed-use project that
does not involve a subdivision) shall be required to dedicate a portion of land and/or pay a fee in
lieu thereof prior to issuance of a building permit, for the purpose of providing park or
recreational facilities reasonably related to serving the development project and in accord with the
standards and provisions of Section 14-25.080(b) through (e) of this Code, provided that for
purposes of this Article,references in Section 14-25.080 to "subdivision" shall mean"development
project," references to "subdivider" shall mean "applicant," and references to "parcels" or "lots"
shall mean "dwelling units." Sections 14-25.080(b) and(e)notwithstanding, a project of twenty or
fewer dwelling units shall only be required to pay fees pursuant to this section. A project shall be
required to pay fees and/or dedicate land pursuant to Section 14-25.080 or this section, but not
both.
33. Width of Dormers;Second Story Height
15-59.030—Design Standards—Building Massing and Scale.
f(b) and(d) no change)
(a) Street-facing facade massing and scale.
(1) Street-facing second story facades must be either:
(i) Stepped-back a minimum five feet from the ground floor fagade directly below for a
minimum 40 percent of the fagade width; or
(ii) Embedded within a sloped roof form that meets the first story eave.
(2) Overhanging second stories are not permitted.
(3) Seeend st M. The plate height of the second story shall may not exceed twice that of
the gr-ound floor plate the height of the first story.
Ordinance 413
Page 25
(4) Where a continuous eave line exists along a block face:
(i) New development must conform by establishing a continuous eave line within ten inches
of the average eave height along the block face.
(ii) Additions and remodels must preserve any existing eave that conforms to the block face's
continuous eave line.
(c) Roof form.
(1) Roof forms shall be limited to:
(i) Gables, (with or without dormers),
(ii) 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 have a width of not less than three and one-half(3.5) feet and not
more than eight(81 feet be minimum eight e* 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.
(i) Sloped roof forms that are flat at the top are not permitted.
(ii) 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.
(4) 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 fagade 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 Forms).
34. Appealable Decisions
15-90.010—Appeals from administrative decisions.
Ordinance 413
Page 26
An appeal may be taken to the Planning Commission by the applicant or any interested person
from the whole or any portion of an administrative determination or decision made by an official
of the City pursuant to any of the provisions of this Chapter. A determination or decision by a
City official to make a recommendation is not subject to anneal.
15-90.020—Appeals from decision of Planning Commission.
An appeal may be taken to the City Council by the applicant or any interested person from the
whole or any portion of a decision made by the Planning Commission pursuant to any of the
provisions of this Chapter.A decision by the Planning Commission to make a recommendation
is not subject to anneal.
End of Exhibit A
Ordinance 413
Page 27
Exhibit A-1
Remove AP/OS Overlay Zone
Garrod Farms
APN's: 503-10-044,503-10-065,503-10-067,503-11-006,503-11-0089503-11-
009,5 03-74-001,5 03-74-002,5 03-74-003.5 03-74-004
22101 Mount Eden Road
APN 503-09-008
APNs 503-10-044,503-10-
065,503-10-067,503-11- ' j •.•.
006,503-11-008,503-11-
009,503-74-001,503-74-
002,503-74-003.503-74-004 ;FpFRFsr °^�wq� r
t
f (\.
o
VILLA OAKS LN
4f
RF
c
'kOUNTFCF C . nP '•.�Y 1 ,..
N
i
.YS A
APN 503-09-008
W
"r-11"Al
ti
Ordinance 413
Page 28
Exhibit A-2
Chester and Allendale Avenue Rezoning
APN: 397-01-071
Current Zoning: A -AP/OS
Proposed Zoning: R-1-20,000
*•" M� i
a�. ro• r �4�''{' N GZ Y ' 3 uavT y E L R C`
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,¢X
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O .� 3 D �.� ]X'm Il,:e I N'yr.Y 3 •� ,:W ,AG O� A �1, R ,►-%
d3 RI S,. , mU(A wl on, �,;.TVNA� g ,aµ ,nn�,r,� & kF •.. � i � Y]uls saa, ' i.
m a.w u n 3
,r., _ o.o w• Ilcv ,av,_ �. y4p yy'' nn, w�l/D�,s•�c �5 n nw.- ,uz
]ly N,yY' ,S,C,Y•,a -T S � u•., ,Y, il,,, .{. .0 5� /y T •`�,.
YIV
x1, ,nry xs,Z ALCOTT WAY
s
pp b
i 3 a y
a n _
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,j R}� SS FF �y7
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LI V O
ffff Li � �-�APN 397-01-071
0 DR
r
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' •��` C+ ' ,.a '+ fit. r� ,u, tw
Ale •—� _.~�, , gym, — — �- — — - —-
w]]
�A V J iAq, a Z Mw ,rt
a ,qr
$�
s' e C� CPR '
Ordinance 413
Page 29
Exhibit A-3
Article 15-57
MINISTERIAL CONSIDERATION OF QUALIFYING PROJECTS
15-57.010 Purpose of article.
The purpose of this Article is to regulate Urban Lot Splits and Two-Unit Residential
Developments,an4-Three-Unit Residential Conversions,a*d-Affordable Multi-Family Dwellings,
and Small Lot Subdivisions and development of Small Lot Subdivisions in compliance with
California Government Code Sections 65583.2(h) and (i), 66452.6, 65852.21, 65852.28. and
66411.7,and 66499.41 and to implement the Housing Element of the City's General Plan,to allow
for ministerial approval of 0 certain parcel maps creating two lots, of projects including up to two
detached or attached housing units on one parcel or up to three units in an existing home,and-e€ii
multifamily housing projects with at least twenty percent of the units dedicated to serving lower
income households, along with ancillary uses and structures, and (iii) certain subdivision mans
creating up to ten lots on qualifying parcels and subsequent development of those lots
Notwithstanding any other provisions of this Chapter, eligible applications under this Article shall
be considered ministerially by staff, without design review or other discretionary review or a
hearing.
15-57.020 Definitions.
Terms used in this Article have the meanings set forth below:
(1) A person "acting in concert with the owner," means a person that has common
ownership or control of the subject parcel with the owner of the adjacent parcel, a person acting
on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively
cooperating with,the owner of the parcel being subdivided. As used here, "Common ownership or
control" means that property is owned or controlled by the same person, persons, or entity, or by
separate entities in which any shareholder, partner, member, or family member of an investor of
the entity owns ten percent or more of the interest in the property.
(2) "Adjacent parcel" means any parcel of land that is (1) touching the parcel at any point;
(2) separated from the parcel at any point only by a public right-of-way, private street or way, or
public or private utility, service, or access easement; or(3) separated from another parcel only by
other real property which is in common ownership or control of the applicant.
(3) "Car share vehicle" means a motor vehicle that is operated as part of a regional fleet by
a public or private car sharing company or organization and provides hourly or daily service.
(4) "Multi-Family Residential Zoning District" means the R-M zoning districts as
defined in Chapter 15 of the City Code, as well as any area covered by the P-C (Planned
Combined District)which allow multifamily residences.
(4�) "Sufficient for separate conveyance," means that each attached or adjacent dwelling
unit is constructed in a manner adequate to allow for the separate sale of each unit in a common
Ordinance 413
Page 30
interest development as defined in Civil Code Section 4100(including a residential condominium,
planned development,stock cooperative,or community apartment project),or any other ownership
type in which the dwelling units may be sold individually.
(5-6M "Single-Family Residential Zoning District" means the R-1, HR, and R-OS zoning
districts as defined in Chapter 15 of the City Code,as well as any area covered by the P-C (Planned
Combined District) for which single-family residences are the only dwelling units allowed, and
which does not allow two-family residences or multifamily residences.
(7) "Small Lot Subdivision"means a subdivision of 10 or fewer parcels with 10 or fewer
primary dwelling units to be developed with a housing development project as defined in
Government Code section 65589 5(h)(2)(A) and meeting the requirements of Government
--- Government
- -----------
Code sections 66499.41 and 65852.28.
(b-a) "Urban Lot Split" means a subdivision of an existing parcel into no more than two
separate parcels that meets all the criteria and standards set forth in this Article.
(� "Two-Unit Residential Development"means a development that proposes no more than
two new dwelling units or proposes to add one new dwelling unit to one existing dwelling unit that
meets all the criteria and standards set forth in this Article.
(&& "Three-Unit Residential Conversion" means a development that proposes to add up
to two new dwelling units to an existing structure that includes one or two existing dwelling units
and meets all the criteria and standards set forth in this Article. A Three-Unit Residential
Conversion shall not result in more than three total dwelling units within the structure. No new,
freestanding structure may be constructed as part of a Three-Unit Residential Conversion.
(9-�D) "Affordable Multi-Family Dwelling" means a multi-family dwelling, as defined in
15-06.240(c), including any building that meets the criteria of Section 15-21.020(c), in which at
least twenty percent of the dwelling units are affordable to households of lower or very low
incomes as defined in Government Code section 65584.
(12) "Vacant" means having no permanent structure unless the permanent structure is
abandoned and uninhabitable All of the following types of housing shall not be defined as
vacant: (i) housing that is subject to a recorded covenant ordinance or law that restricts
rent or sales price to levels affordable to persons and families of low,very low, or extremely
low income: (ii) housing that is subject to any form of rent or sales price control through a
local public entity's valid exercise of its police power; housj jed by tenants within the
five years preceding the date of the application, including housing that has been demolished
or that tenants have vacated prjor to the submission of the application for a development
e
15-57.030 = abilit- Where Permitted.
(a) 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:
Ordinance 413
Page 31
(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, 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 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) For 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.
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Page 32
(c) A Small Lot Subdivision may be located on an existing legal lot that:
(1) Is in a_ Multi-Family Residential Zoning District or, if vacant a Single-Family
Residential Zoning District:
(2) Is substantially surrounded by qualified urban uses as those terms are defined in
Government Code section 66499 41(al(2)•
(3) Meets the following maximum lot area requirements:
(i) Is no larger than five acres, if the lot is in a Multi-Family Residential Zoning
District; or
(ii) Is no larger than one and one-half acres, if the lot is in a Single-Family Residential
Zoning District.
(4) Was not established pursuant to this Article 15-57
(5) Is not a parcel of one or more of the types specified in subparagraph (a)(9) of
Government Code Section 66499.41 Without limiting the foregoing the most applicable of
those specifications to the City of Saratoga are the following:
(i) A Small Lot Subdivision 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 mans adopted by the Department of Forestry and Fire
Protection pursuant to Public Resources Code Section 4202
(ii) A Small Lot Subdivision may not be located on any parcel within a delineated
earthquake fault zone as determined by the State Geologist in any official maps 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 building department under ("hanter
- ------ ---------
12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.
de
15-57.040 Development Standards for Two-Unit Residential Development Three-Unit
Residential Conversion. or Urban Lot Splits.
Development of Two-Unit Residential Development Three-Unit Residential Conversion
or an Urban Lot Split 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 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.
Ordinance 413
Page 33
(a) 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), 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.
(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 two
stories and a height of 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.
(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 a Two-Unit Residential
Unit shall comply with the applicable setback requirements of the underlying zoning district.
Ordinance 413
Page 34
(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) Heating, ventilation and air conditioning (HVAC) mechanical equipment and
generators. HVAC mechanical equipment and generators shall comply with the development
regulations contained in 15-80.030(1).
(g) Off-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:
(1) The parcel is located within one-half mile walking distance 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.
(2) There is a designated parking area for one or more car share vehicles within one block of
the parcel.
(h) 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.
(i) 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.
0) 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.
(k) 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.
(1) 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 for which there is no
feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
15-57.045 Development Standards for Small Lot Subdivisions
Development of Small Lot Subdivisions created pursuant to this Article shall comply
with the development standards set forth below, the criteria in Government Code Section
65852.28, 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
Ordinance 413
Page 35
proposed as part of a Small Lot Subdivision which does not meet the requirements of this
Article may seek discretionary approval pursuant to the applicable provisions of the City
Code.
(a) The proposed housing development project shall meet all the following
requirements:
1. The proposed housing development project is on a lot created in accordance with
Section 15-57.060 of this Code and Government Code Section 66499 41
2. The proposed housing development project complies with all objective zonin
standards,objective subdivision standards,and objective design review standards applicable
to the parcel as provided in the zoning district in which the parcel is located that do not
conflict with this Article or Government Code Sections 65852 28 and 66499 41• provided
however:
(i) The Director shall modify or waive any standard if the standard would have the
effect of physically precluding the construction of the development project at 20 dwelling
units per acre . Any modifications of development_ standards shall be the minimum
modification necessary.
(u) No setback between the units is required, except as provided in the California
Building Code (Title 24 of the California Code of Regulations).
(iii) Required rear and side yard setbacks from the original lot lines of the lot to be
subdivided shall equal four feet, except that no setback shall be required for an existin
legally created structure or a structure constructed in the same location and to the same
dimensions as an existing legally created structure
(iv) For development on a vacant lot zoned for single-family residences no height limit
may be applied that is less than what is allowed per the existing zoning designation applicable
to the lot.
3. Parking. One parking space, which may be uncovered or not enclosed shall be
required per unit constructed, except that no parking may be reauired where (i) the parcel
is located within one-half mile walking distance of either a stop located in a high-quality
transit corridor, as defined in Public Resources Code Section 21155(b) or a major transit
stop, as defined in Public Resources Code Section 21064.3 or fil there is a car share vehicle
located within one block of the parcel
4. Floor Area Ratio Standards The followjn floor area ratios shall apply•
(i) For a housing development project consisting of three to seven units inclusive the floor
area ratio is at least 1.0.
(j) For a housing development project consisting of eight to 10 units inclusive the floor
area ratio is at least 1.25.
5. If any existing dwelling unit is proposed to be demolished the applicant will comply
with the replacement housing provisions of Government Code Section 66300(d)
6. The average total area of flooroace for the proposed housing units on the lot
proposed to be subdivided does not exceed 1,750 net habitable square feet ("Net habitable
square feet" means the finished and heated floor area fully enclosed by the inside surface of
walls, windows, doors, and partitions, and having a headroom of at least six and one-half
feet, including working, living, eating, cooking, sleeping, stair, hall, service, and storage
Ordinance 413
Page 36
areas but excluding garages, carports, parking spaces, cellars half-stories and unfinished
attics and basements.)
7. The housing development project on the lot proposed to be subdivided complies
with Article 15-82 of this Code (Inclusionary Housing)
8. The housing development project may include Accessory Dwelling Units or Junior
Accessory Dwelling Units provided that such units are subject to a recorded enforceable
restriction limiting occupancy of the unit to lower-income households as defined in Health
and Safety Code section 50079.5 or moderate-income households-as defined in in Health and
Safety Code section 50052.5,and limiting any rent to he charged for the unit to the affnrdahle
rent set pursuant to Health and Safety Code section 50053 These unfits may not be used to
satisfy the requirements of Article 15-82 and may not be used to satisfy any density
requirements in this Article_
(c) Building Permits for Housing Development of Small Lot Subdivisions The
Building Official shall issue a building permit for residential units that are part of a housing
development project associated with a Small Lot Subdivision if it meets the criteria in
Government Code Section 65852 28 and the followin
1. The applicant has received a tentative map or parcel map approval for the
subdivision.
2. The applicant has submitted a complete building permit application
3. Any dedication, improvement, and sewer requirements identified in the
approved tentative map or parcel man or its conditions of approval have been secured
pursuant to sections 14-30.110 and 14-30.130(d) of this Code
4. The applicant has submitted submit proof, to the satisfaction of the Director, of a
recorded covenant and agreement enforceable by the City that the applicant agrees the
building permit is issued on condition that a certificate of occupancy or eaujvalent final
approval for the building will not be issued unless the final subdivision or parcel map has
been recorded.
5. The applicant has, pursuant to section 14-30.130(d) of this Code provided security
to ensure faithful performance of the requirements identified in the approved tentative
subdivision or parcel man or its conditions of approval in the form of bonds an instrument
of credit from one or more financial institution_& subject to regulation by the state or federal
government and pledging that the sufficient funds necessary to carry out the act or
agreement are on deposit and guaranteed for payment. or a letter of credit from such a
financial institution. The amount of the security shall be an amount not more than 300% of
the total estimated cost of improvements or acts to be performed
(d) Specific Adverse Impacts.In addition to the criteria listed in this section a proposed
housing development on a Small Lot Subdivision may be denied if the Director or Building
Official makes a written finding, based on a preponderance of the evidence that the
proposed housing development project would have a specific adverse impact upon public
health and safety or the physical environment, for which there is no feasible method to
satisfactorily mitigate or avoid the specific, adverse impact In accordance with State law a
"specific adverse impact"is a significant,quantifiable direct and unavoidable impact based
on objective, identified written public health or safety standards policies or conditions as
they existed on the date the application was deemed complete; inconsistency with the zoning
ordinance or general plan land use designation and eligibility to claim a welfare exemption
are not specific health or safety impacts.
Ordinance 413
Page 37
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 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 66313, or a junior accessory dwelling unit as defined in Government Code Section 66313.
(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
Ordinance 413
Page 3 8
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, 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)(I 1)(C)(ii), or is a"qualified nonprofit corporation" as described in Revenue and Taxation
Code Section 214.15.
15-57.060 Reserved-Small Lot Subdivisions.
A parcel man or tentative and final man for a Small Lot Subdivision shall be subject to
ministerial review and approval if the map meets all of the requirements in Government
Code Section 66499.41 and this section.
a) The proposed subdivision will result in 10 or fewer parcels and the housing
development project on the lot proposed to be subdivided will contain 10 or fewer residential
units not including any permitted accessory dwelling units or junior accessory dwelling units.
(1) The proposed subdivision may designate a remainder parcel, as defined under
Government Code section 66424.6, that retains exiAiHy land uses or structures. does not
contain any new residential units, and is not exclusively dedicated to serving the housing
development project. The remainder parcel shall not be counted against the 10-parcel
maximum.
b) The lot to be subdivided meets all the requirements set forth in section 15-57.030(cl.
Ordinance 413
Page 39
(c) The newly created parcels meet the followin minimum lot area requirements:
(1) No smaller than 600 square feet if zoned for multi-family residential; or
(2) No smaller than 1.200 square feet if zoned for single-family residential
(d) The housing units on the lot proposed to be subdivided are one of the following•
1) Constructed on fee simple ownership lots:
2) Part of a common interest development:
(3) Part of a housing cooperative as defined in Civil Code Section 817•
(4) Constructed on land owned by a community land trust meetin the requirements of
Government Code Section 66499.41: or
(5) Part of a tenancy in common, as described in Civil Code Section 685
(e) The proposed housing development project must meet one of the following•
(1) If the parcel is identified in the Housing Element for the current planning period
the development must result in at least as many units as projected for the parcel in the
Housing Element. If the parcel is identified to accommodate low- or very-low income
households, the development must result in at least as many low- or very-low income units
as projected in the Housing Element. These units shall be subject to a recorded affordability
restriction of at least 45 years.
(2) If the parcel is not identified in the Housin Element for the current planning
period, the development must result in a density of 20 units per acre. The area of any
designated remainder parcel described in 15-57.060 shall be excluded from the calculation
of residential density under this subsection
(f) The proposed subdivision shall conform to all applicable objective requirements of
the Subdivision Map Act (commencing with Government Code Section 66410)_ except as
otherwise expressly provided in this Article and Government Code Section 66499 41
(g) The proposed subdivision complies with all applicable standards for a Small Lot
Subdivision established in this Article and Government Code Section 65852 28
(h) The parcels created by the proposed subdivision must be served by a public water
system and a municipal sewer system.
(i) The proposed development of the lot to be subdivided does not require the
demolition or alteration of any of the types of housing listed in this subsection: the
subdivision's conformance with this requirement shall be demonstrated by an affidavit
signed by the owner of the property in the form approved by the Director, stating that none
of the conditions listed below exist and if there are any units housin units on the property
including a comprehensive history of the occupancy of the units to be altered or demolished
for the past five years on a form approved by the Director::
(i) Housing that is subject to a recorded covenant.ordinance.or law that restricts rents
to levels affordable to persons and families of low-,very low-, or extremely low-income
(H) 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 occupied by tenants within the five years preceding the date of the
application, including housing that has been demolished or that tenants have vacated prior
to the submission of the application for a development permit.
Ordinance 413
Page 40
(iv) A parcel on which an owner of residential real property has exercised the owner's
rights under Chapter 12.75 (commencing with Section_ 70601 of_Division 7 of Title 1 of the
Government Code to withdraw accommodations from rent or lease within 15 years
before the date that the development proponent submits an application
(j) The proposed subdivision will not result in any existing dwelling unit being
alienable separate from the title to any other existing dwelling unit on the lot
(k) Prior to sale of any lot in the proposed subdivision at least one residential structure
in compliance with applicable provisions of the Chanter 16 (Building Regulations) must be
developed on each resulting parcel that (i) does not already contain an existing legally
permitted residential structure: (u) is not reserved for internal circulation open space or
common area: (iii) is not the only remaining parcel within the subdivision that is not
developed with a residential structure that was completed in compliance with all applicable
provisions of the California Building Standards Code: or (iv) is not a remainder parcel
created in accordance with section 15-57 060 Violation of this subsection shall constitute the
sale of real property that has been divided in violation of the provisions of this division and
state law and shall be subject to the penalties and remedies set forth in Chapter 7 of the
Government Code (commencing with Section 66499.30) and the Saratoga Municipal Code
(1) A parcel created under this Article may not be further subdivided pursuant to an
Urban Lot Split.
(m) Notwithstanding the foregoing, the proposed subdivision is not required to comply
with either a minimum requirement on size. width, depth frontage or dimensions of an
individual parcel beyond the minimum parcel size specified in above and shall not be
required to form a homeowners' association, except as required by the Davis_Ctirling
Common Interest Development Act(Part 5 (commencing with Section 4000) of Division 4 of
the Civil Code). This limitation does not prohibit the City from requiring a mechanism for
the maintenance of common space within the subdivision including but not limited to a
road maintenance agreement.
(n) A subdivision may be denied if the Director makes a written finding based on a
preponderance of the evidence. that the proposed subdivision would have a specific adverse
impact upon public health and safety, for which there is ng_ feasible method to satisfactorily
mitigate or avoid the specific, adverse impact. A "specific adverse impact" is a significant
quantifiable, direct, and unavoidable impact, based on objective identified written public
health or safety standards, policies, or conditions as they existed on the date the application
was deemed complete. Inconsistency with the zoning ordinance or general plan land use
designation and eligibility to claim a welfare exemption are not specific health nr safety
impacts•
1986335.1