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HomeMy WebLinkAboutOrdinance 245ti c~~6 ORDINANCE 245 ` AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTERS 7, 9, 14, 15, AND 16 OF THE CITY CODE, AND ADDING SECTION 15-06.588 PROVIDING A DEFINITION OF "SETBACK AREAS" AND APPENDIX A TO CHAPTER 15 THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declares as follows: A. On July 26, 2006, the Planning Commission conducted a noticed public hearing at which all interested persons had an opportunity to be heard to consider amending various sections of Chapters 7, 9, 14, 15, and 16 of the City Code, and adding Section 15-06.588 and Appendix A to Chapter 15 of the City Code, and recommending adoption of the proposed amendments subject to three changes as follows: (1) the equestrian zone, described in Section 15-06.010(k), should be referred to as an "Equestrian District" for consistency with the descriptions of other overlay districts in the City Code; (2) the EquesMan District map, included in the proposed addition of Appendix A to Chapter 15 of the City Code, should be cross-referenced in Section 15-06.010(k); and (3) the period for issuing a summons in any action challenging a decision of the Planning Commission or the City Council, described in Section 15-90.080, should be amended from 120 days to 90 days for consistency with practice under the California Code of Civil Procedure. B. On October 4, 2006, the City Council conducted a noticed public hearing at which all interested persons had an opportunity to be heard to consider amending various sections of Chapters 7, 9, 14, 15, and 16 of the City Code, and adding Section 15-06.588 and Appendix A to Chapter 15 of the City Code. At October 18, 2006 and November 1, 2006 meetings the City Council considered additional public comment (both written and oral) and the Community Development Director requested that certain proposed technical revisions be withdrawn for further review and that the remainder of the technical revisions proceed. The City Council voted to reintroduce the ordinance (after withdrawal of those certain technical revisions) and waive the first reading and directed staff to place the matter on the consent calendar for its November 15, 2006 meeting. Section 2. Adoption. Chapters 7, 9, 14, 15, and 16 of the Saratoga City Code are amended to read as described in Attachment A. Section 15-06.588 and Appendix A, as described in Attachment A, aze added to Chapter 15 of the Saratoga City Code. Section 3. California Environmental Quality Act. Pursuant to the California Environmental Quality Act ("CEQA"), this action is exempt under 14 California Code of Regulations ("CEQA Guidelines") section 15308 (the amendments are exempt because they assure maintenance, restoration, enhancement, or protection of the environment) and CEQA Guidelines section 15061(b)(3) (the amendments are exempt because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment). Section 4. Clarification of Existing Law. This proposed ordinance clarifies language in the City Code. The proposed clarifications would not cause a change in existing law. This ordinance would instead clarify and reconfirm existing law. Section 5. 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, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase are held invalid, the City Council declazes 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 6. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and first reading waived at the regular meetings of the City Council of the City of Saratoga held on the 4th and 18th days of October, 2006, and the 1 S` day of November, 2006 and was adopted by the following vote following a second reading on the 15th day of November, 2006: COUNCILMEMBERS: AYES: Councilmembers Kathleen King, Nick Streit, Ann Waltonsmith, Vice Mayor Aileen Kao, Mayor Norman Kline NAYS: None ABSENT: None ABSTAIN: None SIGNE ----'"" ~~ ~ </~ MAYOR OF THE T Saratoga, California ATTEST: CITY OF SARATOGA Saratoga, APP VED AS '1;0 JO THAN WITTWE ,ASST. CITY ATTORNEY November /, 1006 ATTACHMENT A PROPOSED AMENDMENTS AND ADDITIONS TO VARIOUS SECTIONS OF CHAPTERS ~, 9, 14, 15 AND 16 OF THE SARATOGA CITY CODE RELATING TO ZONING REGULATIONS § 7-05.020 Definitions. For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section, unless [he context or the provision clearly requires otherwise: (a) Commercial premises means all premises except residential premises. (b) Delinquent means a failure of the recipient of garbage collection service, or of the owner, to pay when due all charges owed to the garbage collector for garbage collection service rendered or to be rendered or made available (c) Director means the Community Services Director and his duly authorized agents and representatives. (d) Dwelling means a residence, flat, duplex, apartment, townhouse, condominium or other facility used for housing one or more persons. (e) Garbage means all kinds and classes of decomposable and nondecomposable solid, semi-solid and liquid waste material, including, but not restricted to, animal or vegetable matter, paper, cardboard, grass cuttings, tree or shrub trimmings, wood, glass, mineral or metallic substances, rock, demolished or discarded building materials and commercial or industrial waste products, but not including domestic sewage or hazardous wastes. (f) Garbage Collector means any person who is authorized by the franchise agreement existing between him and the City, in accordance with Section 7-05.110, to collect, receive, carry, transport, and dispose of any garbage produced, kept or accumulated within the City. (g) Garbage collection service means the collection, transportation and disposal of garbage by an authorized garbage collector. (h) Hazardous wastes means any and all toxic, radioactive, biologically infectious, explosive or flammable waste materials, including any material defined in Chapter S of this Code for which a hazardous materials storage permit is required. (i) Multiple-unit dwelling means any premises, excluding a hotel, motel, or lodginghouse, used for residential purposes containing more than one dwelling unit, irrespective of whether the residency is transient, temporary or permanent. (j) Occupancy, occupied. A premises is "occupied" when a person or persons take or hold possession of the premises for permanent or temporary use. For the purposes of determining whether a premises is occupied during periods when garbage collection service is made available to such premises, occupancy shall be presumed unless evidence is presented that gas, electric, telephone and water utility services were not being provided to the premises during such periods. (k) Owner means the holder or holders of legal title to the real property constituting the premises to which garbage collection service is provided or made available. (1) Premises means any land, building or structure, or portion thereof, within the City where any garbage is produced, kept, deposited, placed or accumulated. (m) Residential premises means any single-unit dwelling or multiple-unit dwelling Zoning Code Amendments November 1, 1006 (n) Single-unit dwelling means one or more rooms and a single kitchen, designed for occupancy by one family for residential purposes. Each dwelling unit within a condominium project, duplex, townhouse project or apartrnent, and each second dwelling unit as defined in Chapter li, shall constitute a sepazate single-unit dwelling to which gazbage collection service is provided or made available, unless the owner or occupants thereof arrange for garbage collection service to be provided to all dwelling units upon the premises at commercial rates. (o) Tenant means any person or persons, other than the owner, occupying or in possession of a premises. § 9-65.020 Exemptions. The hillside street repair fee shall not apply to any of the following: (a) Reconstruction, remodeling, expansion, rehabilitation or replacement of an existing dwelling unit. (b) Constmction of accessory structures, as defined in Section 15-06.670(b) of the Saratoga Zoning Ordinance. (c) Second dwelh~n~ units~as detned_n_Chapter_IS (Ord. 71-140 § 2 (part), 1994) § 14-05.060 Exclusions from Chapter. This Chapter shall not apply to any of the following: (a) The financing or leasing of apaztments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings or mobile home pazks, or the £mancing or leasing of existing separate commercial or industrial buildings on a single site. (b) Mineral, oil or gas leases. (c) Land dedicated for cemetery purposes under the State Health and Safety Code. (d) The constmetion, financing or leasing of a second dwellin unit, as detned in Chapter I5, fi~~~ertrtif but this Chapter shall be applicable to the sale or other transfer of ownership of such units where the sale or transfer does not include the entire site agoa~iek-tlre-seeexd a>~-is4eeated. (e) Short term leases, terminable by either party on not more than thirty days notice in writing, of a portion of the operating right-of--way of a railroad corporation defined as such by Section 230 of the State Public Utilities Code. (f) Any division, conveyance, development, financing or leasing of land by the City. (g) Land conveyed to or from a govermnental agency, public entity (other than the City) or public utility, or land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of--way, unless it is determined by the iug-BiresteF Community Development Director that the public interest or public policy requires the application of this Chapter to such conveyance. § 14-10.100 Floor area;-gKess-Aes~areu. (a}Floor area is as defined iu Chanter 15. Zoning Code Amendments November 1. 2006 § 14-10.300 Structure. Stmcture means that which is built or constmcted which requues a location on the ground, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. "Structure" includes retaining walls, decks, patios, swimming pools, and recreational courts but does not include a fence or a wall used as a fence not exceeding six feet in height. (a) Main stmeture means a stmeture housing the principal use of a site or functioning as the principal use. (b) Accessory structure means a detaehed structure which is: (i) detached from the main structure on the lot such that the distance between any part of the two stmctures is thirty-six inches or more; ; tkeuse-ef-wkisk-is ii subordinate and incidental to, and customarily associated with, the main structure or the principal use of the lot-site;; and which-is (ii1located on the same lot site as the main stmcture or principal use. Nohvithstartdiug the fore¢oine, second dwelline writs are not accessor~Cructures. § 14-20.040 Contents of application. Eighteen copies of the proposed tentative subdivision map shall be submitted to [he Community Development Duector. Additional copies maybe required for transmittal to the designated official of any adjoining local agency, which has requested the same as provided in the Map Act. In the event the State Department of Transportation has filed the requisite map with the City relating to existing or proposed State highway routes upon which it believes subdivisions would have an effect and the property is located within the area covered by such map, two additional copies of the tentative map shall also be filed, which shall be transmitted by the advisory agency to the district office of such Department with a statement that the advisory agency will consider any recommendation of said Department made within fifteen days after receipt by it of said copies of the map. The tentative map shall be clearly and legibly drawn by a registered civil engineer or licensed land surveyor. It shall have a dimension of not less than eighteen inches by twenty-six inches, and the scale shall be as follows: One inch shall be equal to twenty feet for a subdivision of two or less acres; one inch shall be equal to fifty feet for a subdivision of two acres through twenty acres; and one inch shall be equal to one hundred feet for all subdivisions over twenty acres in area. The tentative map shall contain, or be accompanied by, the following information: (a) The name of any existing recorded map applicable to the subdivision, the date of recording such map, and the book and page of the official records where such map is recorded. (b) Proposed subdivision name, if any. The proposed name is subject to approval by the advisory agency (c) Date, north point, scale and sufficient description to define the location and boundaries of the proposed subdivision or building site. (d) A key map showing adjacent contiguous property on all sides, giving location, names and widths of adjacent rights-of--way, topographic features and all improvements on adjacent property located within one hundred feet of the subdivision or site boundary. (e) Name and address of record owner or owners, applicant, and registered engineer or licensed land surveyor who prepared the map or drawing. (f) Locations, names, widths, centerline radii and centerline slopes of all streets, highways and other ways in the proposed subdivision or site. (g) Number of lots, dimensions of the lots, including frontage, depth and area in square feet (h) Five-foot contours to describe area. Where the slope of any part of the property exceeds ten percent or where the property abuts existing developed lots, an overall grading plan maybe required showing features adjacent to the property within a reasonable distance therefrom which would affect the subdivision or building site. In those cases in which a grading plan is required, it shall show how mnoff of surface water will be controlled and the ultimate disposal of all surface waters. Bench marks shall be on County datum. Zoning Code Amendments November /, 2006 (i) Location and character of all existing easements for drainage, sewage or public utilities, together with all building and use restrictions applicable thereto, and the approximate locations of all proposed easements for drainage, sewage or other public utilities. (j) Existing use or uses and zone or zones of the property and proposed use or uses (k) Transfers of adjacent or related property owned by the applicant or his predecessor in interest made within the last preceding five years. (1) Location of all creeks, streams and other water courses delineated on said map or drawing, showing top of existing banks and creek depth, with sepazate sheet showing cross-section of all such creeks, streams and water courses. (m) All provisions for domestic water supply which are proposed by the applicant, including source, quality and approxirna[e quantity expressed as gallons per minute. (n) All provisions for sewage disposal, storm drainage and flood control which aze proposed by the applicant. Disposition of on-site storm water shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program (NPDES) as defined in Article 15-06 of the Zoning Code. (o) Existing wells, active or abandoned, and disposition proposed. (p) Public or common green area proposed, if any. (q) Statement of tree planting and landscape plan, if required at the time of the application; otherwise, such plans shall be submitted with the project improvement plans for the subdivision or site as part of the application for building permit. (r) Statement of street lighting plan, if any. (s) Statement of the improvements proposed to be constructed or installed and of the time when said improvements shall be installed and the date of their anticipated completion. (t) Site development plan in accord with Section 14-25.100, where required. (u) The approxirate distance to and location of the neazest sanitary sewer main line. (v) Location of existing protected pees, as defined in Section 15-50.020(nh including outline, centers and species'-°°~ ~°'- °~~~~-°-°°-°-°° °°"-~-'~ °°'-°° ° (w) A preliminary geologic and soils report as described in Section 14-20.020 of this Article, unless such report has already been famished prior to the filing of the application; provided, however, where the average slope of the proposed subdivision does not exceed ten percent, the Community Development Director may require such report to be submitted with the improvement plans for the subdivision or site as part of the application for building permit; and provided, further, that the Community Development Director may waive the requirement of a preliminary geologic report if he or she determines that, due to the available knowledge of the City as to the soil qualities of the site, no such preliminary geologic report is necessary. (x) A preliminary title report issued within ten days from 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. (y) If the applicant requests that vesting tentative map approval be granted pursuant to Article 14-80 of this Chapter, Zoning Code Amendments November 1. 2006 the proposed map shall have printed conspicuously on its face the words "Vesting Tentative Map." (z) When requested by the Community Development Director, a scale drawing of the surrounding azea for a distance of at least five hundred Feet from each boundary of the proposed subdivision or building site, indicating the names and last known addresses of the owners of all property located within five hundred feet of such boundaries, as shown the latest available assessment roll of the County. In addition to the foregoing, the Community Development Director may require the applicant to submit such additional maps, documents, information and materials as the Community Development Director deems necessary for the review, processing and evaluation of the proposed tentative map approval. If any such additional maps, documents, information or materials are required, the Director shall so advise the applicant in writing within thirty days from the filing of the application. (Amended by Ord. 221 § 2 (part), 2003; Ord. 229 § 2 (part), 2004) § 14-25.110 Early warning fire alarm system. (a) Findings and purpose. The Ciry Council finds and detemvnes as follows: (1) Utilization of current technology in the detection and warning of fue will significantly enhance the level ofprotection from such hazazd while at the same time maximizing the effectiveness of existing equipment and facilities for emergency responses. (2) Certain areas of the City have been designated as hazazdous fue areas, which aze defined as any land covered with grass, grain, brash or forest which is so situated or is of such inaccessible location, that a fue originating upon such land would present an abnomrally difficultjob of suppression or would result in great and unusual damage through fire or resulting erosion. The response time of emergency equipment to calls for aid in the hazardous fue aeeas is impaired due to the non-availability of access to some portions of such areas, the existence of steep, narrow streets and roadways located hr such areas, the lack of connecting streets and roadways in such areas, and the unusual topography of such areas. Further, the presence ofheavy vegetation in the hazardous fire areas increases the potential for the rapid spread of any fire which may start in such areas, particularly during seasonal dry spells. (3) A substantial portion of the new single-family dwellings being constmcted in the City aze larger stmctures, typically in excess of five thousand square feet with three-car garages. By reason of their size, a fire in these stmctures canbe more difficult to extinguish. (4) The risk of fire to persons and property within multi-family dwellings and stmctures containing multiple sleeping units is proportionately greater because ofthe higher density of occupants. Immediate warning of fue and notification to the fue district of the existence and location of fire will serve to reduce the possibility of death, injury and property damage. (5) Because commercial buildings and community facilities are public gathering places, the public health and safetyrisks of fire are particularly acute. Immediate warning of fire and notification to the fire district of the existence and location of fire will serve to reduce the possibility of death, injury and property damage in these stmctures. (6) The public safety and welfare may necessitate installation of an early warning fire alarm system in a commercial stmcture or community facility, depending upon the facts and circumstances to be evaluated by the Fire Chief in each individual case. (7) It is the goal and policy of the City, asset forth in the Safety Element of the General Plan, to require installation of an eazly warning fire alarm system as hereinafter provided in this Section. The purpose of this Section is to implement such goal and policy. (b) Mandatory requirement for installation of alarm system. As a condition for tentative map approval under this Chapter, the advisory agency shall require the installation of an early warning fire alarm system in accordance with Article 16-60 in Chapter 16 of this Code, and the connection of such system to a monitoring station in such manner as may be specified by the Saratoga Fire District, in each of the following cases: (1) All new single-family dwellings, commercial structures and community facilities located within a designated hazardous fire area. (2) Any existing single family dwelling, commercial stmcture or community facility which is expanded by fiftypercent or more in grass floor area and is located within a designated hazardous fue area. (3) All new single-family dwellings, commercial stmctures and community facilities having agrees floor azea in excess of Zoning Code Amendments November 1, 2006 5ve thousand square feet. (4) Any existing single-family dwelling, commercial stmcture or community facility which is expanded by fifty percent or more in grass floor area which, after such expansion, will exceed five thousand square feet ingress floor area. (5) All new multi-family dwellings and other new stmctures having multiple sleeping units including, but not limited to, hotels, motels, apartments, condominiums or other community housing projects, townhouses and nursing homes. (6) Any existing multi-family dwelling or other structure having multiple sleeping units such as described in Paragraph (5) above, which is expanded by fifty percent or more in grass floor area. (c) Discretionary requirement for certain existing commercial stmctures and community facilities. Where an existing commercial structure or community facility is remodeled or the use thereof is changed, and such commercial stmcture or community facility either: (i) has a grass floor area in excess of five thousand square feet, or (ii) regazdless of size, is located within a designated hazardous fire area, then the Chief of the Fire District having jurisdiction over the project may require the installation of an early warning fire alarm system in accordance with Article 16-60 in Chapter 16 of this Code, and the connection of such system to a monitoring station in such manner as may be specified by the Saratoga Fire District. If the requirement to install an alarm system is imposed, it shall be made a condition of tentative map approval under this Chapter. The determination by the fire chief shall be based upon any one or more of the following considerations: (1) An occupant load increase of fifty percent or more. (2) New commercial cooking operations. (3) Hazazdous materials storage for which a permit is required. (4) The principal use involves the care or supervision of building occupants such as day care facilities for children or senior citizens. (d) Determination of grass floor area and flfly percent expansion. (1) As used in this Section, the term "commercial structure" includes, but is not limited to, office buildings, retail stores, restaurants, repair shops, and industrial buildings, and the term "community facility" includes, but is not limited to, schools, theatres, churches, meeting halls and conference centers. (2) The determination of grass floor area is as described in Chapter I5, °° a°`-°a ~^ °^~-^°°«:°^ ~ n ~n ~nnn.~ °e «r.: (3)For the purposes of this Section, any expansion shall be considered as equaling or exceeding the fifty percent limit where the work of construction or improvement is done at different time intervals requiring two or more building permits, within a period of five years after completion of the fast improvement, where although each is for a project encompassing an expansion of less than fifty percent of increased floor area, but when combined with other expansions during the five year period of time increase the amount of grass floor area of the structure by fifty percent or more of that amount which existed immediately prior to the commencement of the firs[ of the several expansions. Chapter IS ZONING REGULATIONS Article 15-OS GENERAL PROVISIONS Article 15-06 DEFINTTIONS Article 15-10 ESTABLISHMENT OF ZONING DISTRICTS Article 15-11 A: AGRICULTURAL DISTRICT Article 15-12 R-1: SINGLE-FAMILY RESIDENTIAL DISTRICTS* Article 15-13 HR: HILLSIDE RESIDENTIAL DISTRICT Article 15-14 REPEALED Article 15-15 AP/OS: AGRICULTURAL PRESERVE OPEN SPACE OVERLAY DISTRICT Article 15-16 P-C: PLANNED COMMUNITY DISTRICT Article 15-17 R-M: MULTI-FAMILY RESIDENTIAL DISTRICTS Article 15-18 P-A: PROFESSIONAL AND ADMINISTRATIVE OFFICE DISTRICT Article 15-19 C: COMMERCIAL DISTRICTS Article 15-20 R-OS: RESIDENTIAL OPEN SPACE DISTRICT Article 15-29 FENCES, WALLS AND HEDGES Article 15-30 SIGNS Zoning Code Amendmends November 1, 2006 Article 15-35 OFF-STREET PARKING AND LOADING FACILITIES Article 15-40 HOME OCCUPATIONS Article 15-45 DESIGN REVIEW: SINGLE-FAMILY DWELLING Article 15-46 DESIGN REVIEW: MULTI-FAMILY DWELLINGS AND COMMERCIAL STRUCTURES Article 15-47 WATER-EFFICIENT LANDSCAPES Article 15-48 LIMITATIONS ON WOOD-BURNING FIREPLACES Article 15-50 TREE REGULATIONS Article 15-52 SMALL WIND ENERGY SYSTEMS Article 15-55 CONDITIONAL USE PERMITS Article 15-56 SECOND DWELLING UNITS Article 15-58 MIXED-USE DEVELOPMENT STANDARDS Article 15-60 TEMPORARY USES Article 15-65 NONCONFORMING USES AND STRUCTURES Article IS-70 VARIANCES Article 15-75 Repealed. Article 15-80 MISCELLANEOUS REGULATIONS AND EXCEPTIONS Article 15-85 AMENDMENTS TO ZONING MAP AND ZONING REGULATIONS Article 15-90 APPEALS Article 15-95 VIOLATIONS AND ENFORCEMENT § 15-05.010 Adoption of zoning regulations and zoning map. (a) This Chapter establishes comprehensive zoning regulations for the City, which regulations shall consist of the following: (1) Regulations, known as zoning regulations, governing the use of land and the placement of buildings and improvements within the various classes of districts; and (2) A x~p~ er set of maps, larew~ refen~ed to collectively as `the zoning map;" and individually by map title, establishing and delineating various classes of districts within the City. 13) A set ofteference documents. Such documents, tiled in Appendix :1 to this Chanter, ate incoroorated herein by reference and. constitute a part of this C_llaptgr. (b) The zoning regulations and zoning map shall govern the use of land, including the construction, alteration, movement, replacement or maintenance of buildings; the conduct and density of residential, commercial, industrial and public service activities; the areas and dimensions of sites; the appearance, design, height, bulk and placement of structures on each site; the provision of open space, amenities, off-street parking and loading; the relationships between buildings and uses on adjoining sites or within adjoining classes of districts; and such further aspects of land use and development as are appropriate to attain the purposes of this Chapter. (c) This Chapter maybe cited as the Zoning Ordinance of [he City Article 15-06 DEFINITIONS 15-06.005 Application of definitions. 15-06.010 Abandon. 15-06.011 Abatement. 15-06.020 Abutting. 15-06.021 Access. 15-06.022 Accessory stmcture. 15-06.023 Accessory use. '] Zoning Code Amendments November 1, 2006 IS-06.024 Acre. 15-06.030 Addition. 15-06.040 Alley. 15-06.050 Alteration. 15-06.051 Apartment unit. 15-06.052 Applicant. 15-06.053 Application for development. 15-06.060 Approving authority. 15-06.061 Appurtenances. 15-06.062 Architectural feature. 15-06.063 Architectural style. 15-06.070 Attached. 15-06.080 Anic. 15-06.090 Basement. 15-06.100 Bed and breakfast establishment. 15-06.105 Below market rate dwelling unit. 15-06.110 Block. 15-06.120 Building. 15-06.122 Building, main. 15-06.125 Building site. 15-06.130 Cabana. 15-06.140 Carport. 15-06.150 Clinic. 15-06.160 Community facility. 15-06.165 Community view sheds. 15-06.170 Corral. 15-06.180 Covered parking. 15-06.185 Creek bank. 15-06.190 Day care facility. 15-06.200 Detached. 15-06.204 Development. 15-06.210 District. 15-06.220 Drive-through service. 15-06.230 Driveway. 15-06.240 Dwelling. 15-06.250 Emergency access. 15-06.260 Family. 15-06.261 Fence. 15-06.270 Financial institution. 15-06.280 Floor azea. 15-06.290 Frontage. 15-06.295 Game arcade. 15-06.300 Garage. 15-06.310 Gasoline service station. 15-06.320 General Plan. 15-06.325 Geotechnical clearance. 15-06.330 Guest house. 15-06.340 Height of buildings. 15-06.341 Height offences, walls and hedges. 15-06.350 Home occupation. 15-06.360 Hotel. 15-06.370 Impervious surface. 15-06.380 Institutional facility. 15-06.385 Intemrittent stream. Zoning Code Amendments November I, 2006 IS-06.390 Keeping; keeping for private use. 15-06.400 Kitchen. 15.06.405 Lightwell. 15-06.410 Loading facility. 15-06.420 Lot. 15-06.430 Lot line. 15-06.440 Repealed. 15-06.445 Mixed use development. 15-06.450 Motel. IS-06.460 Nonconforming. 15-06.470 Nursing home. 15-06.480 Office. 15-06.485 Open space. 15-06.487 Pazking District. 15-06.490 Parking facility. 15-06.495 Perennial stream. 15-06.500 Repealed. 15-06.510 Repealed. 15-06.516 Quasi-public use. 15-06.520 Property line. 15-06.525 Protected creek. 15-06.530 Recreational court. 15-06.540 Religious institution. 15-06.550 Restaurant. 15-06.557 Restriction. 15-06.560 Retail establishment. 15-06.570 Right-of--way. IS-06.575 Repealed. 15-06.580 Repealed. 15-06.581 Santa Claza Valley Urban Runoff Pollution Prevention Program (NPDES). 15-06.585 Personal service business. 15-06.587 Setback. 15-06.588 Setback Areas. 15-06.590 Setback line. 15-06.600 Shopping center. 15-06.605 Sight triangle. 15-06.610 Sign. IS-06.620 Site. 15-06.630 Slope. 15-06.640 Stable. 15-06.650 Storage. 15-06.655 Story. 15-06.660 Street. 15-06.670 Structure. 15-06.680 Subdivision Ordinance. 15-06.690 Swimming pool. 15-06.700 Use. 15-06.702 Variance. 15-06.704 Vested right. 15-06.710 Village. 15-06.715 Watercourse. 15-06.740 Zoning map Zoning Code Amendments November 1, 2006 § 15-06.022 Accessory structure. "Accessory stmetute" means a stmcture which ismdetached from tke-main a~ other stmeture en-the-{et such that the distance between any pan of the two structures is thirty-six inches or more: and ii incidental and subordinate to, and customarily associated with, the main stmcture or principal use on the lot. ~ut~ef-~slud~Notwithstandine [he foreuoin¢, second dwelling units are not acessorv structw_es. (Ord. 223 § 2 (part), 2003) § 15-06.030 Addition. "Addition" means any construction which increases the size of a structure in terms of site coverage, height, or grass floor area. (Amended by Ord. 223 § 2 (part), 2003) § 15-06.070 Attached. "Attached" means anything which is: (i) physically connected to a main hxg-er structure; se ~ ii an integral part of a main structure t}iei:ee€; and (iii) included in the floor area detenninatinn for a main structure, as described in Article 15-06. The term may includes components of a structure joined together by a common wall, floor or ceiling. (Amended by Ord. 223 § 2 (part), 2003) § 15-06.090 Basement. "Basement" means a space in a structure that is partly or wholly below grade and where the vertical distance from grade to a finished floor directly above such space is less than or equal to forty-two inches. (See Figure 1 a) If the fmished floor directly above the space is more than forty-two inches above grade at any point along the perimeter, such space shall be considered a story, and the entire space shall be included in the calculation of g;ess-floor area. This requirement applies to all lots, with the exception of hillside lots. § 15-06.240 Dwelling. "Dwelling" means a permanent building or a portion of a permanent building used as the personal residence of the occupants thereof, excluding trailers, campers, recreational vehicles, hotels, motels, bed and breakfast establishments, tents and temporary structures. (a) Dwelling unit means a room or group of rooms including living, sleeping, eating, cooking and sanitation facilities, constituting a separate and independent housekeeping units, occupied or intended for occupancy by one family on a permanent basis and having not more than one kitchen. (b) Single-family dwelling means a dwelling unit constituting the only main stmcture upon a single building site. (c) Multi-family dwelling means a structure or site containing more than one dwelling unit, designed for occupancy by more than one family living independently of each other, and doing their own cooking in the building. However, a single-family dwelling and a lawful second unit dwelling unit located upon the same site shall not be deemed a multi- family dwelling. (d) Second tn3it dwelling unit means an attached or detached residential dwelling unit, bni1C or le alg ized pursuant to this Chapter, which provides complete independent living facilities for one or more persons, including permanent provisions for living, cooking, sleeping and sanitation on a parcel within the A, R-1, or HR district where a legally 10 Zoning Code Amendments November 1. 2006 created single-family dwelling is situated. Second dwelling [ants are not to be sold separately from the primary dwelling, but maybe rented. (Amended by Ord. 223 § 2 (part), 2003) ~~ m.a ~~z c ~ i«....~ ~nna~ § 15-06.280 Floor area. Floor area means the total enclosed. habitable andfor accessible floor space aadeF-ree€of all floors of a buildmg where the interior heieht of the ar=a,is egual_to grgrcatcr than five feet., . The term `enclosed'" as used in_thls Secrioil, means a stru~htre or area with a roof and with three or mote walls, or an equivalent peroentage of enclosure. 1'he term "roof." as used in this Section, means a coverin~of any solid material over at least seventy-five percent of the area. Floix~ area is measured to the outside surfaces of exterior walls. In the case of a sloped ceilin¢ or ground surface, the f]gmarea shall be measured to the Lent rt which_tht unergr_heielt[ is less lhail fi~~e feet.. Pursuant to the foregoing, Floor urea may include halls, stairways, elevator shafts, ducts, service and mechanical ~uioment moms, underfloor areas. porches, veraudas and situilar building elements, garages, attics, basements, crawl spaces and accessory structures. Floor area does not include interior court ~ which are areas surrounded on all sides habitable space but which do not have a roof as defined herein. (Ord. 71-177 § 2, 1998; Ord. 223 § 2 (part), 2003). § 15-06.370 Impervious surface. "Impervious surface" means any structure or hard constructed surface that disrupts the natural aesthetic of the landscape. ,including, but not limited to, solid surface decks and patios, accessory structures, swimnilng pools, recreational courts, paved driveways and parking areas, and surfaces eemlxised eontnosed of gravel, dc~ontpttedgianite -clay, and bricks with sand or concrete. (Amended by Ord. 223 § 2 (part), 2003). § 15:06.405 Lightwell. 11 Zoning CodeAmendmenu November 1, 2006 "Lightwell" means an excavated area adjacent to a building that extends no more than four feet measured horizontally from the building perimeter to the interior wall of the lightwell, that is enclosed on four sides, that is open at the top, and allows light into a below grade level of a building. ' (Ord. 209 § 2 (part), 2002; Ord. 223 § 2 (part), 2003) § 15-06.460 Nonconforming. "Nonconfomring" means not in conformity with any of the regulations set forth in this Chapter. (a) Nonconforming use means a use of a structure or site, or both, which was lawfully established or maintained in compliance with all zoning regulations then applicable to such use, but which, by virtue of a subsequent rezoning, reclassification, or the adoption of or change in use regulations, no longer conforms with the use regulations of the district in which it is located. (b) Nonconforming stmeture means a stmeture which was lawfully constmcted in compliance with all zotnng regulations then applicable to the site, but which, by virtue of a subsequent rezoning, reclassification, or the adopfion of or change in zoning regulations, no longer conforms with the standazds of size, coverage, setback. areas yard spaees, height, distance between structures, or other regulation of this Chapter for the district in which the structure is located. (c) Nonconfomring facility means a structure or site, which conforms with the regulations of this Chapter but is used or occupied by one or more nonconforming uses. (d) Nonconforming lot means a single and separate parcel of land, which was legally created, and a legal building site at the date of adoption of an ordinance rendering it nonconfoming. (e) Nonconforming site means a site which was lawfully created in compliance with all zoning and subdivision regulations then applicable to the site, but which, by virtue of subsequent rezoning, reclassification, or the adoption of or change in zoning regulations, no longer conforms with the standards of area, frontage, width, depth, or other regulation of this Chapter for the district in which the site is located. (Amended by Ord. 223 § 2 (part), 2003) § 15-06.560 Retail establishment. "Retail establishment" means a use engaged in providing retail sale or rental of items primarily intended for consumer or household use. Any use including a personal service business is a personal service business and not a retail establishment. (a) Extensive retail establishment, as used with respect to parking requirements, means a retail use having more than seventy-five percent of the grass floor area used For display, sales and related storage of bulky commodities, including household furniture and appliances, lumber and building materials, carpeting and floor coverings, air conditioning and heating equipment, and similar goods, which uses have demonstrably low pazking demand generation per square foot of grass floor area. (b) Intensive retail establishment, as used with respect to parking requirements, means any retail use not defined as an extensive retail establishment. (Amended by Ord. 223 § 2 (part), 2003; Ord. 236 § 2B, 2005) & IS-06.588 Setback Area. (a) "Front setback area" means That portion of a site bounded by the side lot lines dte front lot line and the front setback line, located the required minimtun distance from the front lot line. "Side setback area" uteans that portioo of n site bounded,b~he front setback area, the rear setback area, the side lot line and the side setback line. located the required nunimnm distance from the side lot line. L 1 "Exterior side setback area" means that oottion of a site bounded b khe front setback area the rear setback az'ea the exterior side lot line and the exterior side setback lin ~ located the required minuuwn disheucc from the exterior 12 Zoning Code Amendments November !, 2006 side lot line of a corner lot. 13xte~ior side setback areas exist ~mly on corner lots. 2 "ht2~rior side setback area" means that oortion of a $ite bounded by The front s©tbaok at'¢a, tUe rear setback ar©a the interior side lo[ line. and the inferior side setback line located the required nunimum disfattce Crom the interior side lotJine. c "Rear setback area" means that portion of a site bounded by the side lot lines dte rear lot liue or the rearmost portion of the lot if there is no rear lot line, and the rear setttack line located the reouired minimum required distance from the rear, lot line or the rt armos~oition of the lot if there is no rear lot line. § 15-06.630 Slope. "Slope" means the average slope of the net site area detemrined by the following formula, and rounded to the neazest whole percent: n..e....,.e ..~,...e :~ nno~n rt ., r - n S= Q002296 x I x L Where: S=average nanualslope in ercent [=natural conuiw' interval in feet (at intervals of not more than five feet) L=length of natw'al contours in feet A=acres ofpropeny (parcel of record existiu~ on November ] 3, 1979) 0.002296=constant which converts square feet into acres and ex recces clone in nercent. (Amended by Ord. 71-182 § 1, 1998; Ord. 223 § 2 (part), 2003) § 15-06.670 Structure. "Structure" means that which is built or constructed which requires a location on the ground, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. "Stmcture" includes retaining walls, decks, patios, swimming pools, and recreational courts but does not include a fence not exceeding six feet in height. (a) Main structure means a structure housing the principal use of a site or functioning as the principal use. (b) Accessory structure is as defined in this Chapter. , (Amended by Ord. 223 § 2 (part), 2003) § 15-06.702 Variance. "Vaziance" means permission to depart from the literal requirements of the Zoning Ordinance with respect to site area, site frontage, site width and depth, and site coverage, setbacks for fi'r~nt side and rear setback areas, allowable floor azea, height of structures, distance between structures, signs, off-street pazking and loading facilities, fences, walls and hedges, and alteration or expansion ofnon-conforming structtres, in 13 Zoning Code Amendments November !, 2006 accordance with the procedures and requirements set forth in this Chapter. The Planning Commission must make specific findings of fact (or the City Council on appeal) to grant this permission; see Section 15J0 of this Code. (Ord. 223 § 2 (part), 2003) c r ~w. e n<~. .-a~~ +g i l t d i ^a ^^ _ea ~ _-.. ., i,.. i r r .~ a a~ i r n a n a jn n ng 10f-~ In& ling: fttYbH6~l9~-}kHB: r ~ ».e.,aea ti,., n.a ~~~ c ~ i...... ~ ~nnz~i c nc ~~n § 15-06.740 Zoning map. "Zoning map" means the trap-ea set of maps that are part of the zoning ordinance and delineate the boundaries of zone districts. (Ord. 223 § 2 (part), 2003) § 15-10.010 Designation of districts. The districts established by this Chapter shah-be_are d~ictcd on the Zoniny_Map and are described as follows: (a) A: Agricultttral district. (b) R-1: Single-family residential districts, consisting of: R-1-40,000 district R-1-20,000 district R-1-15,000 district R-1-12,500 district R-1-10,000 district 14 Zoning Code Amendments November 1, 2006 (c) HR: Hillside residential district. (d) R-OS: Residential open space district. (e) AP/OS: Agricultural preserve/open space overlay district. (f) P-C: Planned cortmtunity district. (g) R-M: Multi-family residential districts, consisting oL R-M-5,000 R-M-4,000 R-M-3,000 (h) P-A: Professional and administrative office district. (i) C: Commercial districts, consisting of: C-N Neighborhood commercial C-V Visitor commercial CH-1 and CH-2 Commercial historic districts (j) MU-PD: Multiple use planned development district. (k) E: Equestrian mane. The equestrian district zaee is an area of khe Cifwithin which equines may be maintained for orivatc use and conuuercial or community stablzs may bc. maintained. "Che overlay district is dieted on tlto P;guestrian District man. (1) R-1-10,000 single story overlay district for the Saratoga Woods neighborhood. Any single story addition or replacement construction shall be limited in height to the height of the contiguous single story dwellings. The existing two story dwellings within the Saratoga Woods neighborhood are exempt from the provisions of this single story limitation. ~• (m) H: Historic resource overlay district showing location of historic landmarks, heritage lanes, and historic districts. (n) CN drive-through overlay district for the CN zone bounded by Lawrence Expressway and Prospect Avenue. Notwithstanding Section 15-19.020(c), uses with drive-through services maybe permitted subject to a use pemrit requirement in the overlay area, A traffic and circulation study shall be prepazed for all such applications. Each application shall be evaluated on its own individual merits. Hours of peak operations shall be compared to hours of peak traffic in the general area. (Amended by Ord. 71.98 § 1, 1991; Ord. 71.113 § 1, 1992; Ord. 207 § 2, 2002; Ord. 213 § 3(B), 2002; Ord. 227 § 2, 2004) § 15-10.020 Zoning map and district boundaries. (a) The zoning rnap referred to in Section 15-05.010, and all amendments and changes thereto, and all legends, symbols, notations, references and other matters shown thereon, is incorporated herein by reference and constitutes a part of this Chapter. (b) The boundaries of the districts established by this Chapter shall be as shown on the zoning map. All territory within the City is hereby classified into the districts as shown on said map, subject to the specific regulations established by this Chapter for each such district, and all other regulations of this Chapter applicable thereto. (c) The zoning map, as currently effective,. and a record of all amendments and changes therete to the zoning map, shall be kept on file and maintained as a public record in the office of the 12}eta~rg-Bireetei: Community Development nirector. 15 Zoning Code Amendments November 1. 2006 ° ..,n ° e 7 r:«. n e..nl.... ° r r r s r s 5 4..4nn n ..141.:n l'~An-.~..- °..d °ll l"' J ~ ~n{e~n«n°n A°....:-. 4 ..°d nn n~ «. d.l:n .°,.....,1 :.. 4L.° ..lC.n° nC41.n -In««:«n T:......4..~ r Article 15-11 A: AGRICULTURAL DISTRICT 15-11.010 Purposes of Article. 15-11.020 Permitted uses. 15-11.030 Conditional uses. 15-11.040 General restriction on use. 15-11.050 Site Area Sabdtvisiea-s€sites. 15-11.060 Site density. 15-11.070 Site frontage, width and depth. 15-11.080 Site coverage. 15-11.090 Front, side, and rear sethack are~~s ya~side-yer~-and-rear-yer$. 15-11.100 Height of structures. 15-11.110 Accessory uses and structures. 15-11.120 Screening and fencing. 15-11.130 Signs. 15-11.140 Off-street parking and loading facilities. 15-11.150 Design review. 15-11.160 Grading on hillside lots. § 15-11.030 Conditional uses. The following conditional uses maybe allowed in the agricultural district, upon the granting of a use pemtit pursuant to Article 15-55 or Article 15-56 of this Chapter: (a) Accessory stmctures and uses located on the same site as a conditional use. (b) Community facilities. (c) Institutional facilities. (d) Police and fue stations and other public buildings, structures and facilities. (e) Religious and charitable institutions. (f) Nursing homes and day care facilities. (g) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks and transmission lines. (h) Recreational courts, to be used solely by persons resident on the site and their guests. (i) Commercial stables and community stables, subject to the regulations prescribed in Section 7-20.220 of this Code. 16 Zoning Code Amendments November !, 1006 (kj) Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications. (Amended by Ord. 71-163 § 1 (part), 1996) § 15-11.060 Site density. Each lot shall have not less than two and one-half acres of net site area for each dwelling unit on the lot, excluding a ank second dwclli~unit :~ ~--~+~a -.._-..~~..~ n..:.,,e , < « ..o ,. r,,. ~ r a r p~~• § 15-11.090 Front, side, and rear setb~~k cocas varclrside-yutA ~;.~-e,:r va±d. ~ (a) The minimum front setback area yard shall be thirty feet from the front lot line or twenty percent of the lot depth, whichever is greater. (b) The minimum side setback_arga va±d shall be twenty feet from the apulicable side lot line or ten percent of the lot width, whichever is greater. (c) The minimum reaz setback area ra+d shall be fifty feet from the rear lot line in the case of a single story stmeture, and sixty feet from the rear lot line in the case of a multi-story structure, or twenty-five percent of the lot depth, whichever is greater. (Amended by Ord. 71.99 § S, 1991) Article 15-12 R-1: SINGLE-FAMILY RESIDENTIAL DISTRICTS 15-12.010 Purposes of Article. 15-12.020 Pemiltted uses. 15-12.030 Conditional uses. 15-12.040 One dwelling unit per site. 15-12.050 Site azea. 15-12.060 Density of hillside subdivisions. 15-12.061 Location of building sites. 15-12.070 Site frontage, width and depth. 15-12.080 Site coverage. 15-12.090 Front,. ~ulc, and rear setback.ai,ctt ^°ra and-rearward. 15-12.100 Height of structures. 15-12.110 Accessory uses and structures. 15-12.120 Fences, walls and hedges. IS-12.130 Signs. 15-12.140 Off-street parking and loading facilities. 15-12.1 S0 Design review. 15-12.160 Storage of personal property and materials. § 15-12.030 Conditional uses. The following conditional uses maybe allowed in the R-1 districts, upon the granting of a use permit pursuant to Article 1S-SS or Article 1S-S6 ofthis Chapter: j'7 Zoning Code Amendments November !, 2006 (a) Accessory structures and uses located on the same site as a conditional use. (b) Community facilities. (c) Institutional facilities. (d) Police and fire stations and other public buildings, stmctures and facilities. (e) Religious and chazitable institutions. (f) Nursing homes and day care facilities, in excess of six persons being cared for at the facility. (g) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks and transmission lines. (h) Recreational courts, to be used solely by persons resident on the site and their guests, where the lot is located in an R-1 district that is combined with a P-C district or is part of a planned residential development. (i) Boarding stables and community stables, subject to the regulations prescribed in Section 7-20.220 of this Code. (j) Model homes utilized in connection with the sale of new single-family dwellings in a subdivision, located upon a lot within the same subdivision or, in the discretion of the Planning Commission, upon a lot within another subdivision developed by the applicant, for such period of time as determined by the Planning Commission, not to exceed an initial term of one year and not exceeding a term of one year for each extension thereof. (k) Cemeteries. (mO An[enna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications. (Amended by Ord. 221 § 2 (part), 2003) § 15-12.040 One dwelling unit per site. Not more than one dwelling unit shall be located on each site, except for a second dwelling unit puFSUent-te-A#isle ~3-~6af-tlks~kepte~. (Amended by Ord. 221 § 2 (part), 2003) § 15-12.090 Front side and rear setback areas yterd~ide-yefd (a) For anv nonconforming site. as defined in this ChaQter, the requirements nrovided in Section 15-(15.160 annly to the site. For am confb~min se 'its' the minirnum setback area y~ requirements fer-ekl-lets in the R-1 district, aze as follows: (1) Front setback area yard. The minimum front setback area yard of any lot in each R-1 district shall be the distance from the t2ont lot line indicated in the following table: District Front Setback Area yard R-1-10,000 25 ft. 1 g Zoning Cade Amendments November 1. 2006 R-1-12,500 25 ft. R-1-15,000 25 fr. R-1-20,000 30 ft. R-1-40,000 30 ft. (2) Side setback area of interior lots. The minimum side setback a~ ea yard of any interior lot in each R-1 district shall be the distance from the annlicable side lot line indicated in the following table for each side setback area yarn: First Floor Individual District Side Setback Arca yard Second Floor Iudi~idaal Side Setback Area yam R-1-10,000 10 ft. 15 ft. R-1-12,500 10 ft. 15 ft. R-1-15,000 12 ft. 17 ft. R-1-20,000 15 fr. 20 ft. R-1-40,000 20 ft. 25 fr. (3) Side setback area of comer lots. The minimum srde setback area yard of any corner lot in each R-1 district shall be the distance from the_a~licable side lot line indicated in the following table: First Floor Second Floor First Floor Second Floor Interior Interior Exterior Exterior Side Side Side Side Setback Area Sefbuck Area Setback Area Setback Area District yard yard yaed yard R-]-10,000 10 ft. 15 ft. 25 ft. 30 ft. R-1-12,500 10 ft. 15 ft. 25 fr. 30 ft. R-1-15,000 12 ft. 17 ft. 25 ft. 30 ft. R-1-20,000 15 ft. 20 ft. 25 ft. 30 ft. R-1-40,000 20 ft. 25 ft. 25 ft. 30 ft. (4) Rear ,rtback area yaxd of corner lots. The minimum rear setback ai~clayard of any corner lot in each R-1 district shall be the distance from the rear lot line indicated in the following table: Firstlloor Rear Setback Second floor Rear District area yard Setback Area y~ R-1-10,000 10 ft. 10 fr. R-1-12,500 10 ft. 10 ft. R-1-15,000 12 fr. 12 ft. R-1-20,000 15 ft. 15 fr. R-1-40,000 20 ft. 20 ft. (5) Rear tetbael~ area yard of interior lots. The minimum rear setback area yard of any interior lot in each R-1 district 19 Zoning Code Amendments November 1, 1006 shall be the distance from the rear lot line indicated in the following table: First floor Rear Setback Second floor Rear District Area Setback Area yam R-1-10,000 25 fr. 35 fr. R-1-12,500 25 ft. 35 ft. R-1-15,000 30 ft. 40 ft. R-1-20,000 35 fr. 45 fr. R-1-40,000 50 ft. 60 ft. /L\ L`... A.., «..._....., ..C a6:.. A ~a:..1e ~+..,.....«~ 1,.~++ ».e,.«.... «,..,..,1 ..:Fl. «« .,,.:..N«.. ~:««le F,....:1., d...e11:«,. 1 / Y`AY ~(e)'fhe l~deternnnation of setback areas yard for flag lots is as provided in Section 15-06.430(al ^°~-o=~lat (Amended by Ord. 221 § 2 (part), 2003) § 15-12.160 Storage of personal property and materials. (a) Unenclosed storage of personal property is not pemritted in this district, except as provided in subsection (b) below. (b) Unenclosed storage ofpersonal property is permitted in this district in any azea other than anyportion ofany required front setback area ,any required exterior side or rear setback area yam of comer lots, rear setback area yards of double frontage lots and any unimproved parcel or any unimproved right-of--way of any public street, in which aeeas such storage is prohibited. In those prohibited areas, one or more ofthe items listed in subsections (1) tluough (5) below may be stored so long as such storage is not for any period of time in excess of five consecutive days and not in excess of a total of 18 days in any calendar yeaz. For example, if multiple items listed in subsections (1) through (5) below aze stored concurrently in the prohibited areas for five consecutive days, such storage shall constitute a total of five days of the 18 days allowed per calendar yeaz. On the other hand, if, for example, a boat is stored for four consecutive days and subsequently a recreational vehicle is stored for three consecutive days, such storage shall constitute a total of seven days of the 18 days allowed per calendar year. There shall be at least 15 calendar days separation between any such uses in consecutive calendar years. No itemprohibited by this section from additional time of storage maybe stored on such site or setback area unless incompliance with subsection (c) of this Section or pursuant to a temporary storage pemilt issued pursuant to subsection (d) of this Section. (1) Motor vehicles, except this section does not limit storage of automobiles in fully operational condition and currently registered and licensed for operation on public highways and capable of normal daily use by the occupants of the site. (2) Recreational vehicles and trailers ofany kind or make. Camper units detached from the track or other motor vehicle for which they are designed or customarily used shall be considered trailers for the purpose of this Section. (3) Boats. (4) Parts ofany of the items of property described in (1), (2) or (3) of this subsection. (5) Building or constmction materials, except this section does not limit storage of those materials reasonably required for work under constmction on the premises pursuant to a valid and effective building permit issued in accord with Chapter 16 of this Code, or for work as [o which no building pemut is required and which involves storage for no more than 30 days. In the event the building pemut is for new construction or reuuideline affecting more than fifty percent of either the floor area or the exterior walls, Section 16-75.050 shall apply. (c) The items of property described in subsection (b) of this Section may be stored in exterior side and rear setback area yards of comer lots and rear setback area yams of double frontage lots for periods in excess of five consecutive days or a total of 18 days in any calendar year where a fence has been legally constmcted and/or a compact evergreen hedge or other evergreen screening has been legally installed of at least six feet in height and of a type which screens the stored property from public view and reasonably prevents such property from becoming a nuisance. (d) The Community Development Director shall have authority, in cases of practical difficulty or hardship, to grant temporary permits for storage of the items ofproperty described in subsection (b) of this Section in th¢ front, side or reaz ZQ Zoning Code Amendments November !. 1006 setback area_yeFds of sites for limited periods of time in excess of five consecutive days or in excess of 18 days per calendar year. Application for such storage pemvts shall be in writing, on forms furnished by the City and shall include a site plan showing the area of the requested storage. Any pemut issued pursuant thereto shall be in writing, shall describe the personal property to be stored, and the location and time limit of the storages The Community Development Duector may impose reasonable conditions in any such storage permit, which shall be agreed to in writing on the face of the permit by the applicant prior to the pemut being issued. No such pemut may cause the calendar year limit to be exceeded by more than an additional 14 days unless at least ten days before a decision on the application is made notice has been given to all owners of property within 300 feet of the parcel on which the storage is proposed. The Community Development Director shall also have the authority, for good cause, to reduce the separationbetweenuses inconsecutive calendar years, or allow continued temporary storage while an application or appeal is pending. (e) For purposes of this Section, the term "unenclosed storage" means storage of items which are not completely enclosed within a stmcture or completely screened from public view by a permanent solid fence or wall which structure, fence or wall has been conshvcted or installed in accordance with Chapter 15 of this Code. (Amended by Ord. 221 § 2 (part), 2003) Article 15-13 HR: HILLSIDE RESIDENTIAL DISTRICT 15-13.010 Purposes of Article. IS-13.020 Definitions. 15-13.030 Permitted uses. 15-13.040 Conditional uses. 15-13.050 Development criteria. 15-13.060 Subdivision of sites. 15-13.070 Site frontage, width and depth. 15-13.080 Site coverage. 15-13.090 Front. side, anti rear s~thack_arca, ssde-yards ~~. 15-13.100 Height of stmctures. 15-13.110 Accessory uses and structures. 15-13.120 Fences, walls and hedges. 15-13.130 Signs. 15-13.140 Off-street parking and loading facilities. 15-13.150 Design review. 15-13.160 Storage of personal property and materials. § 15-13.040 Conditional uses. The following conditional uses maybe allowed in the HR district, upon the granting of a use permit pursuant to Article 15-55 or Article 15-56 of this Chapter. The conditional uses listed in subsections (k), (1), (m), (n) and (o) of this Section may be permitted, provided the uses do not create major traffic or noise impacts and are found to be compatible with the immediately surrounding area: (a) Accessory structures and uses located on the same site as a conditional use. (b) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks and transmission lines. (c) Recreational courts, to be used solely by persons resident on the site and their guests. (d) Boarding stables and community stables, subject to the regulations prescribed in Section 7-20.220 of this Code. (e) Model homes utilized in connection with the sale of new single-family dwellings in a subdivision, located upon a lot within the same subdivision or, in the discretion of the Planning Commission, upon a lot within another subdivision developed by the applicant, for such period of time as determined by the Planning Commission, not to 21 Zoning Code Amendments November 1, 1006 exceed an initial term of one year and no[ exceeding a term of one year for each extension thereof. (f) Stables and corrals for the keeping for private use of more than two horses on a site. The minimum net site area for each horse shall be forty thousand squaze fee[, except that in [he equestrian zone only, one additional horse may be permitted for each forty thousand square feet of net site area. All horses shall be subject to the regulations and license provisions set forth in Section 7-20.220 of this Code. (g) Plant nurseries, excluding sales of items other than plant materials. (h) Wineries. ., e ri.... wA ~ ........... .. AaAe 1 C CL ,~C A.:., lR....-~~- (}) Cluster development in accordance with Section 15-13.060(c). (lEl) Community facilities. (}k) Institutional facilities. (m~ Police and fire stations and other public buildings, stmctures and facilities. (xm) Religious and charitable institutions. (en Nursing homes and day caze facilities. (ppJ Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications. (Ord. 71.113 § 2 (part), 1992; Ord. 71-163 § 1 (part), 1996) § 15-13.050 Development criteria. No principal use shall be established, and no main structure shall be erected or constmcted in the HR district, nor shall any building or other permit be issued therefore, unless and until the applicant has complied with the following development standards, which standazds shall be in addition to, and not in lieu of, any and all other development criteria and requirements set forth in Chapters 14 and 16 of this Code: (a) Site development plan. A site development plan has been prepared and approved by the advisory agency in accord with Section 14-25.100 of the Subdivision Ordinance, and the physical location of each use and structure is as se[ forth on such approved plan. The planting and landscaping portion of said plan shall, insofar as is reasonably practical, provide for the retention of existing vegetation and land formations, and shall include an erosion and sediment control element setting forth reasonable mitigation measures in accord with the excavating and grading and subdivision ordinances of the City. Grading shall be representative of adjacent topography and be an extension of natural contours insofar as reasonably practical, and shall be designed to avoid erosion, flooding, slides and other hazards. Water, sewer and other utility services, streets and other access routes which traverse any geologic or soils hazazd shall be specifically engineered to eliminate the risk of failure or collapse, and setbacks from hazard azeas shall be in accord with the geologic and soils investigation report and recommendations. (b) Geologic and soils report. A preliminary combined geologic and soils investigation and report prepared by a certified engineering geologist licensed by the State and by a registered civil engineer qualified in soils mechanics by the State, shall be filed in conjunction with the site development plan unless the City Geologist determines that existing infomtation pertinent to the subdivision or site approval makes preliminary analysis or any part thereof unnecessary. The geologic and soils report shall fully and clearly present: (1) All pertinent data, interpretations and evaluations based on the most current professionally recognized soils and 22 Zoning Code Amendments November 1, 2006 geologic data (2) The significance of the data, interpretations and evaluations with respect to the actual development or implementation of the intended land use through the identification of any significant geologic problems, critically expansive soils or other unstable soil condition which, if not corrected, may lead to structural damage of future geologic problems both on and off the site. (3) Recommendations for corrective measures deemed necessary to prevent or significantly mitigate potential damage to the proposed project and adjacent properties or otherwise to insure safe development of the property. (4) Recommendations for additional investigations that should be made to insure safe development of the property (c) Additional studies required. The City shall also require the following additional studies prior to approval of a site development plan or prior to issuance of a building perrnit, unless the City Geologist determines that existing information pertinent to the subdivision or the site approval provides the same data as would have been obtained from any or all of such additional studies: (1) Soil and foundation engineering investigation by a registered civil engineer addressing site preparation (clearing and stripping), grading requirements (cut and fill design and construction), pavement design, drainage (surface and subsurface), utility trench backfilling, design parameters for foundations and retaining walls, soil stability, technical plan review, and field inspection procedures. (2) With respect to any terrain on or within one hundred feet of a significant recognized landslide deposit, an investigation by a certified engineering geologist including a detailed evaluation of the natural slope conditions and recommendations for the treatment or correction of any unstable slopes. Slope stability studies may require extensive subsurface work. (3) With respect to any area within one hundred feet of a recognized trace of the potentially active Berrocal fault, an investigation by a certified engineering geologist addressing the seismic hazazds related to the nearby trace, with particular emphasis on evaluation of possible surface faulting. Investigative techniques will require subsurface trenching and possibly geophysical traverses unless clear evidence is presented to show that no fault crosses the site of a habitable strcture. (4) A slope stability analysis showing the building site and its immediately surrounding area having a factor of safety against failure of at least 1.5 or equivalent, m the event of an earthquake on the San Andreas Fault having a magnitude of 8.3 on the Richter scale. (d) Inspection reports. The results of the geologic and soil investigations refereed to in subsections (b) and (c) of this Section shall be reviewed and approved by the City and shall become conditions of approval of a development proposal. The soils engineer and the engineering geologist maybe required to submit reports during grading, during construction, and following completion of the project. The fmal report shall affirm [hat the grading and foundafion excavations were done under the supervision of a soils engineer and/or engineering geologist, shall describe the as- built condition of the project, and shall contain such other information as maybe required by the City. (e) Location of building sites. (1) In locating building sites, preference shall be given to areas classified in the City's geologic maps as Sbr, Sls, Sun and Sex. Sites on potentially moving slopes (Pmw, Ps, Pd) and moving slopes (Ms) shall not be approved unless geologic and soil engineering analysis provided by the applicant demonstrates long-term stability to the satisfaction of the City. The C'~s_c).escriptions of the soil. classifca{ons,_flled in Appendix 1. to dmis C'hantcr,_are into. orated, herein by reference and constitute a Hart of this Chanter. (2) The average natural grade of the footprint underneath any dwelling unit, swimming pool or other structure shall not exceed thirty percent slope, and no dwelling unit, swinuning pool or other strcture shall be built on a slope which exceeds forty percent natural slope at any location under the stmcture between two five-foot contour lines, 23 Zoning Code Amendments November !, 1006 except that: (i) a variance pursuant to Article 15-70 of this Chapter maybe granted where the £mdings prescribed in Section 15-70.060 can ba made, and (ii) an exception under Article 14-35 of the Subdivision Ordinance maybe granted where the findings prescribed in Section 14-35.020 can be made. (f) Grading. The combined cut and fill of any grading shall not exceed one thousand cubic yards, including any excavation for a swimming pool, unless a larger quantity is approved by the Planning Commission upon making all of the following fmdings: (1) The additional grading is necessary in order to allow reasonable development of the property or to achieve a reasonable means of access to the building site; and (2) The natural land fom>s and vegetation are being preserved and protected; and (3) The increased grading is necessary to promote the compatibility of the construction with the natural terrain; and (4) The increased grading is necessary [o integrate an architectural design into the natural topography; and (5) The increased grading is necessary to reduce the prominence of the construction as viewed from surrounding views or from distant community views. (6) No building site shall be graded so as to create a flat visible pad surrounding the main residential structure. (g) Grade of private streets and driveways. Unless otherwise permitted by the Planning Commission, no private street or driveway shall exceed a grade of eighteen percent for a distance in excess of fifty feet. (ord. 71.113 § z (patty, 1992) § 15-13.060 £a~ivisien-efsHes~Site Area. (a) Determination of lot size. Except as otherwise provided in subsections (b) and (c) of this Section, the minimum (ot size within the HR district shall be two acres 1n addition each lot a~+i~ shall contain a minimum net site area based upon the average slope of such lot, determined in accordance with the following table: Overage ~ Net Site Average ~ Net Site r Slope - ~ Area Slope Area - ~ j 0 or less ~ 2.00 26 ~ 3.42 1 2.03 27 ~~ 3.52 I ' 2.07 28 3.62 3 2.10 ~ 29 ~ 3.73 4 2.14 30 ~ 3.85 5 2.17 31 ~ 3.96 6 2.21 32 i 4 09 j 7 2.25 ~ 33 8 ~ 2.29 34 j 4.39 9 2.34 r 35 j- 4.55 ~ 10 2.38 36 ~ 4.72 24 Zoning Code Amendments November 1, 2006 11 ~ 2.43 ~ 37 4.90 12 ~ 2.48 38 ~ 5.10 13 ~-2.53 39 i 5.32 j 14 2.58 40 ''Ir 5.56 15 ~ ~ 2.63 41 5.82 ', 16 2.69 42 ^r 6.10 ~ 17 2.75 43 ~ 6.41 j 18 2.81 ~ 44 6.96 19 2.87 45 ~ 7.14 i 20 2.94 r 46 ~~ 7.58 21 - 3.01 ~ 47 V ~ 8.06 2 3.09 ~ 48 8.62 23 3.16 49 j 9.25 ~ 24 3.25 50 10.00 ~ 25 3.33 *Average slope in percent, as calculated in accordance with Section 15-06.630 of this Chapter. (b) Increase in lot sine. The City may require any or all of the lots within a subdivision to have a larger size than required under subsection (a) of this Section if the City detemnnes that such increase is necessary or appropriate by reason of site restrictions or geologic hazards. (c) Clustering of lots. The Planning Commission may approve a use permit for a subdivision having lots smaller than the size required under subsection (a) of this Section, if all of the following requirements are satisfied: (1) The reduction in lot size is for the purpose of clustering building sites in order to create dedicated open space accessible by the public which may contain recreational facilities, including but not limited to, equestrian and hiking trails, as permitted in Section 15-13.030(h). (2) The reduction in lot size is offset by an equal or greater area of land which is dedicated to the public as permanent open space. (3) The cluster development reduces the gross development area which shall include but not be limited to grading, streets, driveways, main stmctures, accessory structures and impervious coverage so as to minimize, to the extent possible, views of such area from public lands, streets and highways. (4) No single lot has a net site area of less than twenty thousand square feet. (5) The total number of lots into which the property is being subdivided shall be determined in accordance with the following formula: N = 1 0.5 - .OOSS Where: N =the net site area per dwelling unit. =the average slope in percent, as calculated hr accordance with Section 15-06.630 of this Chapter. (6) The size of each unit shall be detemuned in relation to the lot on which it is located and the average slope of the site, in accordance with the formula set forth in the Design Review Ordinance Section 15-45.030. In no case shall a single unit exceed seven thousand two hundred square feet in area. 25 Zoning Code Amendments November /, 1006 (7) The clustering of building sites will result in greater preservation of the natural terrain. (8) The use permit approved by the Planning Commission includes specified standazds which may deviate from those contained in this Article as follows: (i) length of driveway; (ii) reduction in building height; (iii) reduction in allowable floor azea; (iv) reduction ur site coverage; (v) increase in site dimensions; and (vi) increase in setbacks. (9) The clustered development shall be connected to a sanitary sewer system. (d) Resubdivision. Upon recordation of a fmal or parcel map covering any site within the HR district, applicants may request resubdivision of lots or parcels shown on the map only where the newly proposed lots meet all applicable general plan, zoning and subdivision provisions. Where a clustered subdivision has been approved pursuant to subsection (c) of this Section, no lot, including the open space lot(s) maybe further subdivided unless the entire clustered subdivision continues to meet applicable general plan and zoning density requirements. (e) Exempted lots. Any lot shown as a unit on a recorded subdivision or land division, or any lot otherwise legally created, is exempt from the density requirements set forth in subsection (a) of this Section provided such lot was created prior to April 25, 1978. Any lot so exempted will not lose its exempt stems if either of the following events takes place subsequent to Apri125, 1978: (I) A portion of the lot is exchanged for a portion of any adjoining lot, the result of which does not decrease the original square footage of the lot; or (2) The lot is enlarged by the addition of land from any adjoining parcel. (Ord. 71.113 § 2 (part), 1992) § 15-13.090 Front, side. and rear setback areas yt~s. (a) The minimum setback area yard requirements for all lots within the HR zoning district, with the exception of vacant lots and lots created after May I5, 1992, aze as follows: (1) Front setback area ~. The minimum front setback area yard shall be thirty feet. (2) Side setback area yard. The minimum side setback area yard shall be twenty feet. (3) Rear setback area yard. The minimum rear setback area yam shall be fifty feet in the case of a single-story structure and sixty feet in the case of a multi-story structure. (b) For vacant lots and lots created after May 15, 1992, the minimum setback area yard requirements aze as follows: (1) Front setback area yard. The minimum front setback arms yard shall be thirty feet or twenty percent of the lot depth, whichever is greater. (2) Side setback area yard. The minimum side setback area yard shall be twenty feet in the case of an interior side setback area yard and twenty-five feet in the case of an exterior side setback. ana yard, or ten percent of the lot width, whichever is greater. (3) Rear setback area yard. The minimum rear setback a~~a yard shall be fifty feet in the case of a single-story structure and sixty feet in the case of a multi-story structure, or twenty-five percent of the lot depth, whichever is greater. (c) For the purpose of this Article, "vacant loP' means a parcel with no existing single-family dwellhrg. (d) Detemtination of yards for flag lots. On a flag lot with an average width that exceeds its average depth, the longer dimension maybe considered the depth for the purpose of measuring the front, side and rear setback area yards, unless to do so would adversely affect the lot's normal yard orientation in relation to adjacent lots. (Ord. 71.113 § 2 (part), 1992) § 15-16.040 Conditional uses. The following conditional uses may be allowed in a P-C district, upon the granting of a use pemrit pursuant to Article 15-SS of this Article: (a) All conditional uses; as,~epfa sesend uaiE as may be allowed in an R-1 district, maybe allowed in an R-1 district which is combined with a P-C district. (b) All conditional uses as maybe allowed in an R-M district, maybe allowed in an R-M district which is combined with a P-C district. 26 Zoning Code Amendments November !. 2006 § 15-16.050 Standards. (a) Standards of site area and dimensions, site coverage, density of dwelling units, setback areas yard speoes; types of sttctures, distances between structures, fences, walls and hedges, signs and off-street parking facilities shall in the aggregate be at least equivalent to the standards prescribed by the regulations for the district with which a planned community district is combined. (b) The Planning Corrmdssion shall have authority to grant exceptions to rxedi€y-the regulations in this Chapter pertaining to site frontage, width and depth, site coverage, front, side and rear setback„areas yard, distances between structures, fences, walls and hedges, and accessory structures at the time of tentative beild~ag-site-er subdivision approval, without compliance with the provisions of Article 15-70 of [his Chapter relating to variances. (c) Any P-C area shall contain a common green unless specifically waived by the Planning Commission. § 15-16.060 Reclassification procedure. The procedure set forth in Article 15-85 of this Chapter shall apply to applications for a change of zone to a combined planned community district, subject to the following exceptions and provisions: (a) Each reclassification to a planned community district shall be a conditional reclassification in accord with Section 15-85.090, and each such conditional reclassification shall in all cases include the following minimum conditions: (1) That the entire site shall be developed in accord with a final site development plan previously approved by the Planning Commission and that building permits shall have been issued and construction commenced on all structures shown on said site development plan or particular units thereof no later than one year from the date of adoption of the reclassification ordinance. (2) The owner shall be required to enter into a written contract with the City, secured by good and sufficient bond or bonds, agreeing to be responsible for the care, maintenance and operation of all areas, buildings and facilities not dedicated to public use, but intended for the common use of the residents of the development. (b) Each application for a reclassification shall be accompanied by a tentative map for either site approval or subdivision approval in accordance with the provisions contained in the Subdivision Ordinance, together with the proposed procedure to be followed to insure the care, maintenance and operation of all common areas covered by the agreement referred to in subsection (a)(2) of this Section. (c) The drawing to be famished with the application, as required under Section 15-85.030, shall be a general site development plan of the entire development drawn to scale and showing the contours of the site at intervals of not more than five feet, and shall in addition include all of the following information: (1) Proposed land uses, population densities, building intensities and parking areas, particularly showing those areas and buildings, if any, intended for the common use or benefit of all residents of the development. (2) Proposed circulation pattern, indicating both public and private sheets. (3) Proposed parks, playgrounds, school sites, and other open spaces. (4) General delineation and location of each and every building and structure, the proposed use of each building and structure and a schedule for the construction of each building and structure. (5) Relation of the development to future land use in the surrounding area and to the General Plan. (d) The Planning Commission may recommend and the City Council may adopt a change of zone to a planned community district as applied for or in modified form if, on the basis of the application and the evidence submitted, the Commission and the Council make the finding that the change is required to achieve the objectives of the Zoning Ordinance set forth in Section 15-05.020, and make the following additional findings: (1) That the proposed location of the planned community district is in accord with the objectives of the General Plan and the purposes of the dietriet in which the site is located. (2) That the proposed planned community district will comply with each of the applicable provisions of this Chapter. (3) That standards of site area and dimensions, site coverage, etback arch , spaces, heights of structures, distance between structures, fences, walls and hedges, signs, rights of way and off-street parking facilities for the development will produce an environment of stable and desirable character consistent with the objectives of the Zoning Ordinance and the General Plan. (4) That the combination of different uses in the development will compliment each other and will harmonize with Z 7 Zoning Code Amendments November 1, 2006 existing and proposed land uses in the vicinity. Arttcle 15-17 R-M: MULTI-FAMILY RESIDENTIAL DISTRICTS 15-17.010 Purposes of Article. 15-17.020 Permitted uses. 15-17.030 Conditional uses. 15-17.040 Site area. 15-17.050 Site density. 15-17.051 Location of building sites. 15-17.060 Site frontage, width and depth. 15-17.070 Site coverage. 15-17.080 Front side, and rear setback areas 15-17.090 Height of structures. 15-17.100 Distance between structures. 15-17.110 Accessory uses and structures. 15-17.120 Fences, walls and hedges. 15-17.130 Signs. 15-17.140 Off-street pazking and loading facilities. 15-17.150 Design review. 15-17.160 Storage of personal property and materials. § 15-17.080 Front, side, and rear setback areas yardrside yarAs eed-Feaf ~. (a) For anv nonconfortuine site rs de"ned iu this Chapter the requirements provided in Section 15-65 160 anoly to the site. For anv_conforminn site. except as otherwise provided in this Section, the minimum front side and rear setback areas of any lot in each R-M district shall be as follows: Front ^~Sidr a Rear ~c[h:lcl` ~~rea_yerA S~tb.ltl, Arga_yard Scthack ~1~ea_yerd ~-~~~ 25 feet ' 10% of site width 25 feet (b) Notwithstandine subsection (a) above, aA side setbac_'k area of more than twenty-five feet from the applicable Side lot line shall not be required, and a side setbael,trea ~ of less than ten feet from the annlicable side lot line shall not be permitted, subject to the following exceptions: (1) The exterior side ,ethaik arc~a.yaxd of a corner lot shall be not less than fifteen feet from the exterior lido lot line. (2) One foot shall be added to an interior side Setback ay;ga..yard for each two feet of height or fraction thereof by which a portion of a structure within thirty feet of the side lot line for such sethack al_ca_yerd exceeds fourteen feet in height; provided, that an interior side setback aria yard of more than twenty-five feet from the interior side lot line shall not be required. (c) No structure used for htunan habitation and no structure containing machinery or other fixed equipment capable of creating noise audible outside of the structure shall be located closer than five feet from a side or reaz property line. Article 15-18 P-A: PROFESSIONAL AND ADMINISTRATIVE OFFICE DISTRICT Zg Zoning Code Amendments November !, 1006 15-18.010 Purposes of Article. 15-18.020 Pamutted uses. 15-18.030 Conditional uses. 13-18.040 General eestrictions on use. IS-18.050 Site area. 15-18.060 Site frontage, width and depth. 15-18.070 Site coverage. 15-18.080 Front s~•ide and repr setback areas yar~side yams ~, 15-18.090 Height of stmctures. 15-18.100 Screening, landscaping and fencing. 15-18.110 Signs. 15-18.120 Off-street parking and loading facilities. 15-18.130 Design review. § 15-18.080 Front, side, and rear setback areas (a) Front tietback, area yawl. The minimum front setback aiea~ard of any lot in a P-A district shall be twenty-five feet from the front lot line. (b) Side serbsicl:,area yards. The minimum side setback,-lea of any lot in a P-A district shall be ten percent of the average width of the site; provided, that a side setb uk area yeFd of more than twenty-five feet from the applicable side lot line shall not be required and a side setback area yard of less than tan feet from the applicable side setback area shall not be permitted, subject to the following exceptions: (1) The exterior side setback area_yerd of a comer lot shall be not less than fifteen feet fran the exterior side lot line. (2) One foot shall be added to an interior side setback_a{eiyard for each two feet of height or fraction thereof by which a portion of a sh'ucture within thirty feet of the side lot line for such setback area vatd exceeds fourteen feet in height; provided, that an interior side setback arta_yard of more than thirty feet from the interior side lot line shall not be required. (c) Reaz s~tbac ,area .The minimum rear setback aria yard of any lot in a P-A district shall be twenty-five feet from the rear lot hne, subject to the following exceptions: (1) One foot shall be added to the minimum rear vetba_c_k at~e~t,_yard for each two feet of height by which a stmetute exceeds fourteen feet in height. (2) Where a rear setback., area yard is adjacent to property within an A, R-1, HR, or R-M district, the minimum rear setback arch shall be fhirty-5ve feet from Ote rear lot line. (Amended by Ord. 71.113 (part), 1992) § 15-18.100 Screening, landscaping and fencing. (a) Where a P-A site is adjacent to an A, R-1, HR, or R-M district, solid fence, vine covered fence or compact evergreen hedge six feet in height shall be located on the property line between the two districts, except in a required front s~[hack aeea_yard, and an area five feet in depth adjoining such property line shall be landscaped and permanently maintained with plant materials suitable for ensuring privacy, screening unsightliness and insulating adjacent residential properties against noise. (b) Not less than ten feet of the required front setback area yard shall be landscaped and pem~anently maintained. (c) Fences, walls and hedges shall comply with [he regulations set forth in Article 15-29 of this Chapter. (Amended by Ord. 71.113 (part), 1992) 29 Zoning Code Amendments November !, 2006 ~ 15-19.020 General regulations. The following general regulations shall apply to all commercial districts in the City: (a) Permitted uses. The following permitted uses shall be allowed in any commercial district, unless a use involves the operation of a business providing duect customer service (including, but not limited to, conducting a delivery service) on-site between the hours of 1:00 A.M. and 6:00 A.M., in wMch event such use maybe allowed upon the granting of a use permit pursuant to Article 15-55 of this Chapter: (1) Retail establishments, except restaurants, markets, delicatessens, and any establishment engaged in the sale of alcoholic beverages. (2) Home occupations, conducted in accordance with the regulations prescribed in Article 15-40 of this Chapter. (3) Parking lots which comply with the standazds for off-street pazking facilities as set forth in Section 15-35.020 of this Chapter. (4) Accessory stmctures and uses located on the same site as a permitted use. (b) Conditional uses. The following conditional uses may be allowed in any commercial district, upon the granting of a use pernrit pursuant to Article 15-55 of this Chapter: (1) Restaurants. (2) Markets and delicatessens. (3) Any establishment engaged in the sale of alcoholic beverages. (4) Hotels and motels. (5) Bed and breakfast establishments. (6) Institutional facilities. (7) Corrnnunity facilities. (g) Game arcades- (9) Gasoline service stations on sites abutting Sazatoga/Sunnyvale Road, Sazatoga/Los Gatos Road or Saratoga Avenue and accessible directly from such arterial road; provided, that al] operations except the sale of gasoline and oil shall be conducted within an enclosed structure. (10) Animal establishments, as defined in Section 7-20.010(c) of this Code. All animal establishments shall be subject to the regulations and license provisions set forth in Section 7-20.210 of this Code. (11) Public buildings and grounds. (12) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks, transmission lines and cable television facilities. (13) Accessory structures and uses located on the same site as a conditional use. (14) Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications. (c) Expressly prohibited uses. Without limiting the application of Section 15-05.055(a) of this Chapter, the following uses are expressly declared to be prohibited in all commercial districts: (1) Any use which emits air pollutants, solid or liquid wastes, radioactivity, or other discharge which endangers human health or causes damage to animals, vegetation or property. (2) Any use which creates offensive odor, noise, vibration, glare or electrical disturbance, detectable beyond the boundaries of the site, or creates a hazard of fire or explosion. (3) Any use involving drive-through service, such as restaurants and financial institutions with drive-through windows. (4) Any use involving automotive body work, such as collision repair, painting, dismantling or customizing. (5) Mini-storage facilities. (6) Outdoor sales or storage of motor vehicles. (d) Location of building sites. The average natural grade of the footprint underneath any structure shall not exceed thirty percent slope, and no structure shall be built upon a slope which exceeds forty percent natural slope at any location under the stmcture between two five-foot contour lines, except that (1) A variance pursuant to Article 15-70 of [his Chapter may be granted where the findings prescribed in Section 15- 70.060 can be made, and (2) An exception under Article 14-35 of the Subdivision Ordinance maybe granted where the findings prescribed in Section 14.35.020 can be made. 30 Zoning Code Amendments November 1, 2006 (e) Setback area hard. No use shall occupy any required ,etback area yeFd, exoept fences, walls, hedges, landscaped areas, walks, driveways and parking areas. No required setback area shall be used for a loading area or for storage. (f) Screening, landscaping and fencing. (1) Where a site is adjacent to an A, R-1, I-IR, R-M or P-A district, a solid wall or fence six feet in height shall be located along the property line between the two districts, except in a required front setback area ~, and an area five feet in depth adjoining such property line shall be landscaped and permanently maintained with plant materials suitable for ensuring privacy, screening unsightliness and insulating adjacent properties against noise. (2) Open storage of materials and equipment shall be permitted only within an area surrounded and screened by a solid wall or fence (with solid gates where necessary) not less than six feet in height; provided, that no materials or equipment shall be stored to a height greater than that of the wall or fence. (3) All outdoor trash containers and garbage areas shall be fully enclosed by a solid wall or fence and solid gates of sufficient height to screen the same from public view. No trash or garbage containers shall be placed or kept within twenty-five feet from the property line of any site occupied by a dwelling unit. An owner or occupant of a commercial establishment shall comply with the requirements of this subsection within sixty days after receiving a directive from the City to do so. (4) Notwithstanding any other provision contained in this subsection (f), the Community Development Dtrector or the Planning Commission may require the installation of a solid fence or wall up to eight feet in height along any property line that abuts a residential district, upon a determination that such fence or wall is necessary to mitigate noise or other adverse impacts of the commercial activity upon the residential use. In the case of an existing commercial development, such fence or wall shall be installed within sixty days after the requirement is imposed by the 1?3auniAg-Bireetee Community Development Director or the Planning Commission, unless a longer period of time is allowed by the Director or the Commission by reason of extenuating circumstances, including, but not limited to, the installation cost of the new fence or wall, or the value of any existing fence or wall to be demolished, or the cost of removing any existing fence or wall. The design, color and materials of the fence or wall shall be subject to approval by the Community Development Drector, based upon a finding that the design, color and materials of the fence or wall will not adversely affect contiguous properties. (5) Required pedestrian open spaces, front setback ate_as~yards side setback areas_~}s, and not less than fifteen percent of any parking lot azea, shall be completely landscaped and permanently maintained. (6) No credit shall be given against any landscaping or open space requirement imposed by this Article by reason of adjacent public parking facilities or public rights-of--way. (7) Whenever screening or landscaping is required by the provisions of this Article, or as a condition of any project approval, the owner or occupant of the property shall keep and maintain such screening and landscaping in good condition and repair. (8) Except as otherwise provided in this subsection (~, fences, walls and hedges shall comply with the regulations set forth in Article 15-29 of this Chapter. (g) Signs. No sign of any character shall be erected or displayed in any C district, except as permitted under the regulations set forth in Article 15-30 of this Chapter. (h) Off-street pazking and loading facilities. Except in the case of a site located within and constituting a part of a City parking district, off-street parking and loading facilities shall be provided for each use on the site, in accordance with the regulations set forth in Article 15-35 of this Chapter. (i) Design review. All structures shall be subject to design review approval in accordance with the provisions of Article 15-46 of this Chapter. (Amended by Ord. 71.91 §§ 3, 4, 1991; Ord. 71.113 (part), 1992; Ord. 71.122 § 1 (part), 1993; Ord. 71-163 § 1 (part), 1996; Ord. 211 § 2, 2002; Ord. 236 § 2C, 2005) § 15-19.030 C-N district regulations. (a) Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) of this Article, the following pemutted uses shall also be allowed in a C•N district: (1) Professional and adminisrtative offices. (2) Financial institutions. 31 Zoning Code Amendments November !, 2006 (3) Personal service businesses. (4) Religious and charitable institutions. (5) Christmas tree and pumpkin sales lots. (b) Conditional uses. In addition to the conditional uses listed in Section 15-19.020(b) of this Article, the following conditional uses may also be allowed in a C-N district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter. (1}Mixed-Use Development conforming to the Design Standards found in Article 15-58. (2) Medical offices and clinics. (c) Site area. The minimum net site area of any lot in a C-N district shall be ten thousand square feet. (d) Site frontage, width and depth. The minimum site frontage, width and depth of any lot in a C-N district shall be as follows: Frontage ~ Width ~ Aepth 60 feet ~ 60 feet j 100 feet (e) Coverage. The maximum net site area covered by structures on any lot in a C-N district shall be sixty percent (f) Front setbacl: area ~. The minimum front setback area of any lot in a C-N district shall be ten feet; except that on a site adjacent to and fronting on the same street as, or directly across the street from, an A, R-1, HR, R-M or P-A district, the minimum front setback area yard shall be fifteen feet. (g) Side and rear seihazk a_re_is yards. No side or rear sell7ack areal shall be required for any lot in a C-N district, subject to the following exceptions: (1) On a reversed corner ]ot abutting a lot in an A, R-1, or HR district, the minimum exterior side setback area yard shall be not less than one-half of the required front selback a};g~ of the abutting lot. (2) Except as otherwise provided in subsection (g)(1) of this Section, on a lot abutting an A, R-1, or HR district, the minimum side setback area veld or reaz setback area abutting such other district shall be Thirty feet. (3) On a lot directly across a street or alley from an A, R-1, or HR district, the minimum side setbaol~urea yard or rear setback ore~ard adjacent to such street or alley shall be ten feet. Where a side or rear setback area is required under auy of the foregoing provisions, one foot shall be added to the required s~ thick ~rea_yard for each one foot of height or fraction thereof by which a structure within thirty feet of the lot line foc such setback ara~ yard exceeds fourteen feet in height. (h) Height of stmctures. The maximum height of any stmcture in a C-N district shall be twenty feet. (i) Enclosure of uses. All permitted and conditional uses shall be conducted entirely within a completely enclosed stmctute, except for off-street parking and loading, gasoline service stations, outdoor dining, nurseries, gazden shops and Christmas tree and pumpkin sales lots. (j) Screening, landscaping and fencing. An area not less than five feet in depth along all property lines that abut a street shall be landscaped with plant materials and/or improved with sidewalks or pathways as required by the Planning Commission. All planting taterials shall permanently be maintained by the owner or occupant of the site. 32 Zoning Code Amendments November 1, 2006 (k) Alternative standazds for multi-family dwellings. Notwithstanding any other provisions of this Section, where multi-family dwellings will be located upon a site, the Planning Commission shall apply for such dwellings the development standards set forth in Article 15-17 of this Chapter. The density of development shall be as determined in each case by the Planning Commission, based upon its finding that: (1) The project will not constitute overbuilding of the site; and (2) The project is compatible with the structures and density of development on adjacent properties; and (3) The project will preserve a sufficient amount of open space on the site; and (4) The project will provide sufficient light and air for the residents of the site and the occupants of adjacent properties. (Amended by Ord. 71.113 (part), 1992; Ord. 230 § 2 (part), 2004; Ord. 236 § 2D, 2005) § 13-19.040 C-V district regulations. (a) Permitted uses. In addition to the pemvtted uses listed in Section 15-19.020(a) of this Article, the following pemtitted uses shall also be allowed in a C-V district: (1) Professional and administrative offices. (2) Financial instimtions. (3) Personal service businesses. (b) Conditional uses. In addition to the conditional uses listed in Section 15-19.020(b) of this Article, the following conditional uses tnay also be allowed in a C-V district, upon the granting of a use pemtit pursuant to Article 15-55 of this Chapter: (1) Religious and charitable institutions. (2) Mixed-Use Development conforming to the Design Standards found in Article 15-58. (3) Medical offices and clinics. (4) Mortuaries. (5) Theaters. (6) Automobile upholstering shops, provided all operations are conducted within an enclosed stmcture. (c) Site area. The minimum net site area of any lot in a C-V district shall be ten thousand square feet. (d) Site frontage, width and depth. The minimum site frontage, width and depth of any lot in a C-V district shall be as follows: I Frontage ~ Width ~ Depth 60 feet ~ 60 feet ~ 100 feet (e) Coverage. The maximum net site azea covered by structures on any lot in a C-V district shall be sixty percent. (f) Front setback area_yard. The minimum front setback area yam of any lot in a C-V district shall be ten feet; except that on a site adjacent to and fronting on the same street as, or directly across the street from, an A, R-1, HR, R-M or P-A district, the minimum front setback area yard shall be fifteen feet. 33 Zoning Code Amendments November 1. 2006 (g) Side and rear 5_tha~l: area=yard. The minimum side _sggL~,a~ area_yerds of any lot in a C-V district shall be ten feat and the trrinimum rear setback area_ya~d of any lot in a C-V district shall be thirty feet, subject to the following exceptions: (1) One foot shall be added to the minimum side setback area for each one foot of height or fraction thereof by which a portion of a structure within thirty feet of the side lot line for such scthack area yard exceeds fourteen feet in height. (2) One foot shall be added to the minimum reaz sett? uk area_yerd for each one foot of height or fraction thereof by which a portion of a structure within sixty feet of the reaz lot line for such setback_area_.yar~ exceeds fourteen feet in height. (3) On a corner ]ot, the minimum exterior side setback area yefd shall be twenty feet. (h) Height of stmcturea. The maximum height of any strncture in a C-V district shall be twenty feet. (i) Screening, landscaping and fencing. (1) An area not less than ten feet in depth along all property lines that abut a street shall be landscaped with plant materials and/or improved with sidewalks or pathways as required by the Planning Commission. All planting materials shall permanently be maintained by the owner or occupant of the site. (2) A use not conducted within a completely enclosed strncture shall be screened by a solid wall or fence, vine- covered fence or compact evergreen hedge (with solid gates where necessary) not less than six feet in height. This requirement shall not apply to off-street parking and loading areas, gasoline service stations, outdoor dining areas, nurseries, gazden shops, and Christmas tree and pumpkin sales lots. (j) Alternative standards for multi-family dwellings. Notwithstanding any other provisions of this Section, where multi-family dwellings will be located upon a site, the Planning Commission shall apply for such dwellings the development standards set forth in Article 15-17 of this Chapter. The density of development shall be as determined in each case by the Planning Commission, based upon its finding that: (1) The project will not constitute overbuilding of the site; and (2) The project is compatible with the structures and density of development on adjacent properties; and (3)1-lte project will preserve a sufficient amount of open space on the site; and (4) The project will provide sufficient light and air for the residents of the site and the occupants of adjacent properties. (Amended by Ord. 71.113 (part), 1992; Ord. 230 § 2 (part), 2004; Ord. 236 § 2E, 2005) § 15-19.050 C-H district regulations. (a) Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) of this Article, the following permitted uses shall also be allowed in the CH-1 and CH-2 districts: professional, administrative and medical offices and financial institutions, when located either above the street level or at the street level if sepazated from the street frontage by a retail establishment; and (2) Personal Service Businesses that are above street level, and personal service businesses that are at street level but do not have primary access from Big Basin Way or across the front lot line. (b) Conditional uses. In addition to the conditional uses listed in Section 15-19.020(b) of this Article, the following conditional uses may also be allowed in the CH-1 and CH-2 districts, upon the granting of a use permit pursuant to Article 15-55 of this Chapter: (1) Professional, administrative and medical offices and Snancial institutions, when located at street level and having street frontage. 34 Zoning Code Amendments November 1, 2006 (2) Theaters. (3) Religious and chazitable institutions. (4) Mixed-use development conforming to the design standards found in Article 15-58. (S) Personal service businesses at the street level that have primary access from Big Basin Way or across the front lot line. (c) Site area. The minimum net site area in each C-H district shall be as follows: District Net Site Area CH-1 5,000 sq. ft. CH-2 7,500 sq. ft. (d) Site frontage, width and depth. The minimum site frontage, width and depth in each C-H district shall be as follows: District Frontage Width Depth CH-1 SO ft. SO ft. 100 ft. CH-3 50 ft. SO ft. 100 ft. (e) Coverage; pedestrian open space (1) In the CH-1 district, the maximum net site area covered by structures shall be eighty percent, except that up to one hundred percent of the site may be covered by stmctures if, for any structure coverage in excess of eighty percent, an equivalent azea on the site is devoted to pedestrian open space. (2) In the CH-2 district, the maximum net site area covered by structures shall be sixty percent. In addition, an azea equivalent to not less than twenty percent of the net site area shall be devoted to pedestrian open space. All or any portion of the required front ,getllacl~_arci_yard maybe used for pedestrian open space. (3) The term "pedestrian open space," as used in subsections (e)(1) and (2) of this Section, means cortnrton azeas open to the public where pedestrians tnay walk or gather, such as plazas and arcades, which are designed to be visible and accessible to pedestrians on streets, sidewalks and parking facilities adjacent to rime site. (f) Front Setback arca_yaed. No front utback arcaya~d shall be required in the CH-1 district. The minimum front setback area yard of any lot in the CH-2 district shall be fifteen feet. (g) Side xtback aren_yards. No side ,etba~l _ area_yerds shall be required in either the CH-1 or CH-2 district (h) Rear sctba~k ~reu_yard. No rear ~rtbac6 a_r,~a yard shall be required in the CH-1 district. No rear sotback_arca_yard shall be required for any lot in the CH-2 district having a rear lot line that abuts a public right-of--way, public parking district, Saratoga Creek, or the CH-1 district. Where the reaz lot line of any lot in the CH-2 district abuts an A, R-1, HR, or R-M district, the minimum rear sctl?ack, urea_yerd shall be thirty feet, plus one foot for each two feet of height or fraction thereof by which a portion of a strcture within sixty feet of the reaz lot line for such setback area yard exceeds fourteen feet in height. (i) Height of structures. The maximum height of any structure in each C-H district shall be as follows: District Height CH-1 35 feet. No portion of a strcture facing Big Basin Way shall 35 Zoning Code Amendments November L 2006 exceed two stories, and no portion of a structure facing Saratoga Creek shall exceed three stories. CH-2 26 feat. No structure shall exceed two stories. (j) Enclosure of uses. All permitted and conditional uses shall be conducted entirely within a completely enclosed stmcmre, except for off-street parking and loading, gasoline service stations, garden shops and outdoor dining. (I) Exceptions to AQedi€teat{ea-ef standards for historic stmctures. The Planning Commission shall have authority to Grant exceptions to uvedify any of the development standards contained in this Section, without the granting of a variance, if the subject of the application is a stmcture which has been designated as a historic landmark pursuant to Article 13-I S of this Code, and the Planning Commission finds and determines that: (1) The exception i€satieta will facilitate preservation of the historic structure; and (2) The application and the proposed exception r3redi€rsatiea have been reviewed and approved by the City's Heritage Conmvssion; and ~ (3) The exec tp ion ~edi€reatiea will not be detrimental to the use and enjoyment of other properties in the vicinity; and (4) The exceptiop raedi€rsatien will not adversely affect the movement of vehiculaz and pedestrian traffic, or the availability of on-street pazking, and will not create a hazard to the public safety. (Amended by Ord. 71-108 § 1, 1992; Ord. 71.113 (part), 1992; Ord. 230 § 2 (part), 2004; Ord. 236 § 2F, 2005) Article 15-20 R-OS: RESIDENTIAL OPEN SPACE DISTRICT 15-20.010 Purposes of Article. 15-20.020 Permitted uses. 15-20.030 Conditional uses. 15-20.040 Nonconforming uses. 15-20.050 Development criteria. 15-20.060 Subdivision of sites. 15-20.070 Site frontage, width and depth. 15-20.080 Site coverage. IS-20.090 Front_side, anti rear sethack_ ateas_yard;-aide-yards ~. 13-20.100 Height of stmctures. 15-20.110 Accessory uses and stmctures. 15-20.120 Fences, walls and hedges. 15-20.130 Signs. 15-20.140 Off-street parking and loading facilities. 15-20.150 Design review. 15-20.160 Storage of personal property and materials. § 15-20.020 Permitted uses. The following permitted uses shall be allowed in the R-OS district: (a) Single-family dwellings. No more than one dwelling unit shall be located on each lot. (b) Accessory structures located on the same lot as a permitted use and not exceeding a total grass floor area of two hundred fifty squaze feet, including detached garages and carports, garden sheds, greenhouses, shade stmetures, recreation rooms, home hobby shops, cabanas, structures for housing swimming pool equipment and one guest house. Accessory structures for agricultural uses such as stables, barns, hay covers and storage sheds shall not exceed a total of one thousand six hundred square feet. (c) Agricultural uses such as raising of vegetables, field crops, vines, Emits, and nut trees, and horticultural 36 Zoning Code Amendments November !, 2006 specialties, and the processing of such products. (d) Hame occupations, conducted in accordance with the regulations prescribed in Article 15-40 of this Chapter. (e) Stables, corrals, and pastures for the keeping of horses for private use. The minimum net site azea shall be one acee for each two horses kept on the site. All horses shall be subject to the regulations and license provisions set forth in Section 7-20.220 of this Code. Notwithstanding the provisions of subsection 16-80.030(a) of this Chapter, no stable or coral shall be located closer than thirty feet from any interior property line of the site or any structure for human habitation. Setbacks from perennial or intemilttent streams shall be sufficient to avoid any dischazge or mud slide into the stream. Any stable, coral or pasture which is fifty feet or less from any perennial or intermittent stream bank shall require the approval of the City Engineer and/or Santa Claza Valley Water District. The property owners shall comply with the mitigation measures pursuant to the Water District and/or the City Engineer's requirements. In addition, the natural grade of a corral shall not exceed an average slope of fifteen percent. (f) Swimming pools used solely by persons resident on the site and their guests. Pools shall be constructed subject to the standards provided in Section 15-20.050 (g)(5) and Section 15-80.030. (g) The keeping for private use of a reasonable number of domestic dogs, cats, sheep, goats, and other strtall mammals, buds, fish and small reptiles, subject to the regulations as set forth in Article 7-20 of this Code, and subject also to the restrictions and standards prescribed in subsecton 15-11.020(h) of this Chapter. (h) Public parks, trails and other publicly owned open spaces. (Ord. 71.98 § 2 (part), 1991) § 15-20.030 Conditional uses. The following conditional uses maybe allowed in the R-OS district, upon the granting of a use permit pursuant to Article I5-55 or Article 15-56 of this Chapter: (a) Accessory stmctures exceeding a grass floor area of two hundred fifty square feet. The height standazds for such structures maybe modified by the Planning Commission through use permit approval. (b) Accessory structures for agricultural use exceeding one thousand six hundred square feet in total floor area. (c) Amphitheaters and other facilities for outdoor presentation of drama, music or other forms of entertainment available to the general public. (d) Police and fire stations and other public buildings, stmetures and facilities. (e) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks and transmission lines. (f) One recreational court on a single site, to be used solely by persons resident on the site and their guests, subject to the regulations prescribed in subsection 15-80.030(c) of this Chapter. (g) Commercial stables, boarding stables and community stables, subject to the regulations prescribed in Section 7- 20.220 of this Code. (h) Facilities for sale of agricultural products produced on the site, including on site retail sales of Christmas trees. (i) Wineries which may include conference facilities designed to accommodate no more than fifty guests with no overnight accommodation. (j) Picnic and camp sites. (k) Botanical gardens. (l) Clustered housing per Section 15-20.060(d). (m) Veterinarian clinics. (Ord. 71.98 § 2 (part), 1991) § 15-20.070 Site frontage, width and depth. (a) The site frontage and average width and depth of any lot in the R-OS district shall be not less than the following: Frontage Width Depth 100 ft. 500 ft. 700 ft. 3 7 Zoning Code Amendments November 1. 2006 (b) The Planning Commission shall have authority to eratlt exceptions to etedi€y the standards provided in pazagraph (a) of this Section upon the findings that the changes in the dimensions of the lot_ (i) will contribute to preservation of open space; (ii) will conform with the topography of the azea and will minimize environmental impacts; and (iii) will not result in perception of higher density than a lot of standard dimensions. (c) Notwithstanding the provisions of subsection (a) of this Section: (1) The minimum site frontage on a cul-de-sac turnaround shall be sixty feet where seventy-five percent or more of the frontage abuts the turnaround. (2) The frontage and width of an access corridor to a flag lot shall be not less than thirty feet. (Ord. 71.98 § 2 (part), 1991) § 15-20.090 Front, side, and rear setback areps "",~ yams axe-FeeF yard. (a) Except as otherwise provided in subsection (b) of this Section, the minimum front side, ind rear setback areas of any lot in the R-OS district shall be as follows: Front Interior Exterior Rear Setbtck Area Side Sethaek. Stde Setback Seth~~4. Area ~'-ard Area ward Area a'-erd ~~~ Single Story 50 ft. 40 ft. 50 ft. 100 ft. Two Story 70 ft. 60 ft. 70 ft. 120 ft. (b) The determination of setback area for flag lots is as ~ovided in Section 15-06.430(a). Aa-a-tlag-let-wiEl}an yam (c) The Planning Commission may grant exceptions to taedi€y the minimum setback standazds upon the fmdings that the variation from the standazds will result in a significantly reduced environmental and visual impact, minimize the grading and preserve the natural vegetation and wildlife habitat. (Ord. 71.98 § 2 (part), 1991) § 15-20.100 Height of structures. No stmcture shall exceed two stories stesy nor shall any stmcture exceed the following heights: (a) No structure shall extend to an elevation within eight feet from the top of the nearest adjacent major ridgeline that does not have dense tree cover. (b) No stmcture shall extend to an elevation more than twelve feet above the nearest adjacent minor ridge that does not have dense tree cover. (c) A structure not limited by subsection (a) and (b) above shall not exceed twenty-two feet in height ;provided. however, that Oahe Planning Commission may approve up to four feet of additional height auedi€y-Nie4reight staxdar~ if the Design Review fmdings in Section 15-45.080 can be made. (d) Accessory structures shall not exceed twelve feet in height; provided, however, that the Planning Commission 3g Zoning Code Amendments November 1, 2©06 may approve un to three feet of additional height if the Comrttiasion fmde and determines that: (1) The additional height is necessary in order to establish architectural compatibility with the main structure on the site; and (2) The accessory structure will be compatible with the surrounding neighborhood; (3) The additional height is necessary for a structure for agricultural use. (Ord. 71.98 § 2 (part), 1991) § 15-29.010 Hetght restrictions. (a) General regulation. Except as otherwise speeiffed ht this Article, no fence or wall shall exceed six feet in height (b) Front yards and exterior side setback area yards of reversed comer lots. No fence or wall located within any required front yard or vfithin-arty-regxired exterior side setback are,_a y~ of a reversed corner lot shall exceed three feet in height, except as follows: (1) A fence or wall lawfully constmcted prior to March 20, 1987, may extend to a height not exceeding six feet, if such fence or wall does not create a safety hazard For vehicular, pedestrian or bicycle traffic and does not obstruct the safe access to or from adjacent properties; provided, however, that upon the destmction or removal of more than one-half of the length of such nonconforming fence or wall, any replacement fence or wall shall not exceed three feet bt height. (2) Wrought iron entrance gates, designed with openings to pemrit visibility through the same, tnay extend to a height not exceeding five feet. (3) Safety railings that aze required by the Uniform Building Code shall be excluded from the height requirements of this Section. (c) Street intersections. No fence, wall or compaot hedge located within a triangle having sides fffty feat in length from a street intersection, as measured from intersecting ctublines or intersecting edges of the street pavement where no curb exists, shall exceed three feet in height above the established gads of the adjoining street. (d) Recreational courts. Fencing around recreational courts shall comply with the regulations contained in Section 15-80.030(c) of this Chapter. (e) Pilasters. Pilasters constituting a part of a fence, in reasonable numbers and scale in relationship to the nature and style of the fence, may extend to a height of not more than two feet above Ute height limit applicable to the fence containing such pilasters. (f) Light fixtures. The height of a fence shall not include light fixtures mounted thereon at the entrance of driveways and sidewalks leading into a site. Not more than two such light fixtures shall be installed at each driveway and sidewalk entrance. (g) Retaining walls. No retaining wall sn a-killsideget shall exceed five feet in height. Notwithstandine the v no retaining wall located in a front or exterior side setback urea shall exceed three [eeS in height. (h) Fencing adjacent to commercial districts. The P}a~ing~Bireeter ('ommunity Devclonmem Director tnay issue a special permit to allow a fence up to eight feet in height where such fence is installed along a rear setback area yard or interior side setback uma_yerd of a residential site which abuts a commercial district. The 1+lanni3tgBireeter Community Development Director may impose such conditions as he deems appropriate to mitigate any visual or other adverse impacts of the fence, including, but not limited to, requirements with respect to the design and tnaterials of the fence and landscape screening. Applications for a special pemtit under this subsection shall be filed with the Fig-~irestea Community Develoumant Director on such form as he shall prescribe, and shall be 39 Zoning Code Amendments November /, 1006 accompanied by a processing fee in such amount as established from time to time by the Gity Council. (Amended by Ord. 71.86 § 1, 1991; Ord. 71-106 § 6, 1942) § 13-29.030 Fencing to mitigate noise from certain arterial streets. (a) For the purpose of noise mitigation, a fence exceeding the height otherwise prescribed in this Article as the limit for such fence maybe located within any required setbacl: area yard abutting Prospect Road, Saratoga/Sunnyvale Road, Quito Road, the portion of Saratoga Avenue between Fruitvale Avenue and Lawrence Expressway or the portion of Cox Avenue between Saratoga/Sunnyvale Road and Saratoga Avenue, upon the issuance by the 9iFestse Cotmunity Development Director of a fence permit and subject to the following provisions: (1) Where the fence is located within an exterior side setback area yard or rear Setback area abutting one of the arterial streets specified herein, the fence shall not exceed eight feet in height at the property line, plus one additional foot in height for each additional five feet of setback from the property line, up to a maximum height often feet if the fence is still located within a required Beth tel. area yard. (2) Where the fence is located within a front setback area yard abutting one of the arterial streets specified herein, the fence maybe located no closer than ten feet from the front property sine and shall not exceed eight feet in height, plus one additional foot in height for each additional five feet of setback from the front property line in excess of ten feet, up to a maximum height of ten feet if the fence is still located within the required front setback area yard. (3) Where a street line is located within a site, the location and setback of the fence as specified in subsections (a)(1) and (2) of this Section shall be determined by the street line rather than the property line. (4) The applicant shall landscape and permanently maintain an area parallel to and along the entire exterior side of the fence facing the street, in accordance with a landscape plan approved by the Pban~iag-Birester Community Dcvelonment Dirccutr. All or any portion of such area maybe located within the public right-of--way, subject to approval by the hletuting-Birester-Conmmuity Dcvelonment Director. The landscaped area required herein shall be not less than five feet in width, except that where the available space between the fence and the interior edge of the sidewallc, or the edge of the street pavement where no sidewalk exists, is leas than five feet, the Prig-BiresteF Conunwtity Development Director may approve a landscape area of not less than two feet. Prior to issuance of the fence pemrit, a landscape maintenance agreement shall be executed by the applicant and recorded in the office of the County Recorder, which agreement shall constitute a covenant running with the land. (5) The design of the fence shall be subject to approval by the Pia}ndRg~l~ifeetee Community Development Director, based upon a fording that the fence is compatible with existing or proposed structures on the site and upon neighboring properties. (6) No permit shall be issued if the la}erutiag-Birestee Community Development Director fords that the fence will constitute a hazard for vehicular or pedestrian traffic or will otherwise be detrimental to the public health, safety or welfare. (b) Applications for a fence pemrit under this Section shall be filed with the g~ireatea Communit'v Development Director on such form as he shall prescribe, and shall be accornpanied by a processing fee in such amount as established from time to time by resolution of the City Council. (Amended by Ord. 71.110 § 2, 1992) § 15-29.060 Fences adjacent to heritage lanes. In addition to the regulations set forth in Section 15-29.010 of this Article, fences adjacent to a designated heritage lane shall comply with the following requirements: (a) Fence pemilt. No person shall constmct any fence or wall which faces and is located within fifty feet from the right-of--way of a designated heritage lane, and which exceeds three feet in height, without first obtaining a fence permit from the g-B~esterrCommunity Dcvelonment Director. Application for such permit shall be submitted and processed in the manner provided in Article 13-20 of the City Code. If the Heritage Comrtilssion recommends issuance, the 1?let~tg->~este>: Community Development Director shall issue the pemut in accordance with those recommendations and any condition related but not limited to the design standards set forth in subsections (c), (d), (e) and (f) of this Section and pursuant to the process prescribed in Article 13-20. (b) Supporting data. The level of detail of the supporting data required by Section 13-20.030 shall be determined by QQ Zoning Code Amendments November !, 1006 the glex>ang~BkesteF Community Develonment Director to allow adequate review of the proposed fence or wall. (c) Setback. No fence or wall which exceeds three feet in height shall be constructed within the required setback area yard fronting a heritage lane. This minimum setback may be required to be increased to a maximum of fifty feet upon the fmding that such increased setback is necessary to preserve the historic qualities of the heritage lane. (d) Color, material and design. Fences or walls adjacent to the heritage lane maybe constmcted of wood, stone, masonry, wrought iron or similar material. The design, color and materials of the fence or wall shall be approved based upon a fmding that the fence or wall will not adversely affect the historic qualities of the lane and will be compatible with the design and materials of existing buildings on the site and stmctures on adjacent properties. (e) Height. The height of any fence or wall adjaoent to the heritage lane shall oomply with the regulations set forth in Section 15-29.010 of the City Code. (f) Landscaping. The applicant shall landscape and maintain an azea within the right-of--way, parallel to and along the entire length of the exterior side of a fence or wall in excess of three feet in height and facing the heritage lane, in accordance with a landscape plan approved by the Manning-Bireeter Community Develonment Director. Such landscape plan shall provide for the planting of trees and vegetation that are native to the area and require little or no maintenance. The landscape plan xnay be approved by the P~aeu3iag-Streeter Couunwtity Development Director upon the finding that the proposed landscaping will effectively blend the fence with its environment and enhance the visual appearance of the lane. (g) Exemption. This Section shall not apply to a fence lawfully constructed prior to September 16, 1992, if such fence does not create a safety hazard for vehicular, pedestrian or bicycle traffic and does not obstmet the safe access to or from adjacent properties; and provided further, that upon the destmction or removal of more than one-half of the length of such nonconfornnng fence, any replacement fence shall comply with the permit requirement and restrictions specified in this Section. (Added by Ord. 71.110 § 1, 1992) § 15-30.020 Definitions. In addition to the definitions set forth in Article 15-06, all of which aze applicable herein, for the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to Ihern in this Section, unless the context or the provision clearly requires otherwise: (a) Constmction sign means a temporary sign stating the names of those persons directly connected with the constmction of a real estate development project, and may include their addresses and telephone numbers. (b) Directional sign means a sign, the sole purpose of which is to duect the flow of traffic, indicate enhances or exits, transmit parking information or convey similar information. (c) Free standing sign means a sign affixed to the ground and detael3ed-freer not affixed to any building. (d) Gasoline price sign means a sign on the site of a gasoline service station indicating the brand of motor vehicle fuel offered for sale thereat, the price per gallon or liter, the grade of fuel and such other information as prescribed in Section 13532 of the State Business and Professions Code. The term "gasoline price sign" shall not include any displays upon actual fuel pumps. (e) Height as applied to a sign, means the vertical distance measured from the lowest ground level directly beneath the sign to the highest point at the top of the sign. The ground level shall be either the natural grade or finished grade, whichever is lowest. (f) Identification sign means a sign, the sole purpose of which is to identify the site or the building, use or persons occupying the site on which the sign is located. (g) Illuminated sign means a sign having its own immediate source of internal or external lighting. (1) Internally illuminated sign means a sign with an immediate source of illumination that is completely enclosed by the surface of the sign stmcture or the characters of the sign. 41 Zoning Code Amendments November 1, 2006 (2) Eztemally illuminated sign means a sign with an immediate source of illumination that is not completely enclosed by any portion of the sign. (h) Open house sign means anoff--site portable sign directing prospective purchasers to the location of asingle- family dwelling being offered for sale and open for visitation by the public at the time the sign is displayed. (i) Political sign means a temporary sign which directly relates to a candidate for public office or to a ballot issue, in an election conducted by a governmental entity. (j) Portable sign means any sign which is intended to be moved or capable of being moved, whether or not on wheels or other special supports, including, but not limited to, "A-frame" type signs, placards and banners. (k) Real estate sign means a temporary sign advertising the sale, lease or rental of the real property, or any portion thereof, upon which the sign is located and the identification of the person handling such sale, lease or rental. (1) Sign means any lettering, symbol or other thing of visual appearance primazily used for, or having the effect of, attracting attention from the street, sidewalk or other outside public area for advertising or identification purposes. A sign shall not mean displays of merchandise or products for sale on the premises, or ornamentation, designs, pictures, paintings or other such art fomts unless the attraction, because of location, size, use or nature thereof, has the substantial effect of attracting attention for advertising or identification purposes when viewed from an outside area. (m) Sign area means the area of the smallest rectangle drawn to include all letters, designs, frame and structural components which are part of the sign, but excluding any supports, uprights, posts or structures by which any sign is supported unless such supports, uprights, posts or structures are designed in such a manner as to form an integral background of the sign. In computing the area of a double face sign, only one face of the sign shall be included, provided that the two faces shall be approximately the same size and approximately parallel to each other and not more than two feet apart at any point. (n) Sign program means a general plan for signage, as approved by the City, pertaining to all or any portion of a site and the buildings thereon, which may include, but is not limited to, the area, dimension, color, material, design, size and illumination of all signs to be erected or installed pursuant to the sign program (o) Special event sign means a temporary sign pertaining to events of civic, community, philanthropic, educational or religious organizations, which are not conducted in connection with the operation of a commercial enterprise. (p) Subdivision sign means a temporary sign advertising a subdivision and providing travel directions to single- family dwellings therein offered for sale or lease for the first time. The term "subdivision sign" also includes a model home sign on the site of asingle-family dwelling within the subdivision. § 15-30.030 Prohibited signs. The following signs are prohibited:. (a) Reflective, flashing or moving signs, except for public service time and temperature signs which shall not be flashing, animated or revolving in nature. (b) Portable signs, except for open house signs, political signs and special event signs which comply with the regulations of this Article. (c) Streamers, banners, balloons, flares, flags, pennants, twirlers and similaz attention getting devices, with the exception of the following: (1) One national, state and local governmental flag properly displayed upon a single flagpole. q2 Zoning Code Amendments November 1, 10p6 (2) Holiday decorations, in season. (3) Grand opening and special event displays which comply with the regulations of this Article (d) Any sign affixed erattaelred to any vehicle or trailer, unless the vehicle or trailer is intended to be used in its normal business capacity and not for the primary purpose of advertising a use or even4 or attracting persons to a place of business. (e) Signs or sign structures which by color, wording or location resemble or conflict with traffic control signs or devices. (f) Signs that create a safety hazazd by obstructing the clear view or safe movement of vehiculaz or pedestrian traffic. (g) Signs that obstruct any door, window, fire escape or other emergency exit of any building. (h) Posters, placards, announcements, advertising and similar signs that are erected on any fence, pole, tree, pavement, wall, bus stop, bench, or any other object in or upon a public highway, public street or public right-of- way, excepting notices posted by a public officer in the performance of a public duty, or by any person for the purpose of giving legal notice, and warning or infomtational signs required or authorized by governmental regulations, or signs approved in connection with special event sign permits issued pursuant to Section 15-30.180, or temporary use pertnits issued pursuant to Article 15-60. (Amended by Ord. 71-152 § 1, 1995; Ord. 71-152.1 §§ 1, 3, 1997) § 15-30.090 Signs in professional and administrative office districts. No sign of any chazacter shall be permitted in a P-A district, except the following (a) An identification sign, not exceeding two square feet in area, for each use upon the site of a professional, administrative or medical office building. (b) Directional signs, each not exceeding throe square feet in area and five feet in height. Such signs maybe free standing. If more than two directional signs are proposed, the number and location of such signs shall be subject to approval by the Planning Duector. (c) An identification sign, not exceeding twenty-four square feet in area, on the site of a public building or grounds, a community facility, an institutional facility, or a religious institution. Such sign may be free standing. (d) Where multiple office buildings are located upon a single site which is three acres or greater in size, either or both of the following signs maybe allowed in addition to all other signs pernitted under this Section: (1) A free standing site identification sign, not exceeding thirty square feet in area and four feet in height. (2) An identification sign for each office building on the site, indicating the location of a building and/or identifying the occupants thereof, each sign not exceeding six square feet in azea. The signs may be free standing, but in such event shall not exceed five feet in height. The Planning Commrission shall have authority to grant exc~tions to xiedi€y the regulations contained in this subsection with respect to the number, size and height of identification signs, through the granting of a use perrrrit pursuant to Article 1 S-SS of this Chapter. (e) A nonilluminated real estate sign, not exceeding twenty-four square foal in area. The sign maybe free standing, but in such event shall not exceed eight feet in height, as measured from the top of the eurbline, or the pavement surface where no curb exists, of the nearest street adjacent to the sign. (f) Temporary construction signs, subject to the regulations prescribed in Section 15-30.130 43 Zoning Code Amendments November /, 2006 (g) Pubiie interest signs, subject to rho regulations prescribed in Section 15-30.140. (h) Temporary political signs, subject to the regulations prescribed in Section 15-30.160. (i) Gasoline price signs, subject to the regulations prescribed in Section 15-30.1'70. § 15-30.160 Temporary political signs. (a) Sign restrictions. A temporary political sign maybe erected only in accordance with the following restrictions (1) No temporary political sign may be illuminated in any manner other than by previously existing lighting sources normally used for illumination of the area where the sign is erected. (2) No temporary political sign maybe affixed to any pole or wire appurtenance thereof on which is attached affixed any traffic sign, traffic signal, street sign, parking sign or other traffic control device installed by any public agency for public information purposes, nor may any temporary political sign be erected in a manner or place that will obstmct nomtal visibility of such traffic signs, traffic signals, street signs, parking signs or other traffic control devices. (3) No temporary political sign maybe erected upon or affixed to any sidewalk, crosswalk, police or fire alarm system, hydrant, or any public building or other public stmcture. (4) No temporary political sign maybe erected within or upon the right-of--way of any public Mghway or public street. (5) No temporary political sign may exceed an area of five square feet (6) No temporary political sign maybe erected having bracing or backing material thicker than one-half inch, except for support posts firmly planted in the ground. (b) Removal. A temporary political sign shall be completely removed not later than five days after the date of the election to which it relates. (c) Any person intending to install temporary political signs or any person on whose behalf such signs are to be installed, shall, at least two business days prior to such installation, file a declaration of such intent with the City Clerk. Such declaration shall contain an agreement to remove such signs within the applicable time limitation of subsection (b) of this Section and an agreement to pay any cost incurred by the City as a result of the deelazant's failure to remove such signs. Upon failure of the declarant to remove such signs within such time, City shall immediately remove such signs and collect the cost of such removal from the declarant pursuant to such agreement. (d) Any person installing temporary political signs without having filed a declaration of such intent, or any person on whose behalf such signs aze installed, shall remove such signs or file a declaration within thirty-six hours upon receipt of ttotice to remove from the City Clerk. Upon failure of such person to remove such signs, or in the event that the City Clerk is unable to detemilne the identity of the person who installed such signs or [he identity of the person on whose behalf such signs were installed, the Ciry Clerk shall immediately have such signs removed, and if the identity of the person who installed such signs or the identity of the parson on whose behalf such signs were installed can be determined, collect the cost of such removal from such person. (e) Any cost incurred by the City in the removal of temporary political signs pursuant to this Section is hereby declared to be a debt of the person installing such signs and a debt of the person on whose behalf such signs were installed to the City of Saratoga. (Amended by Ord. 71-11J § 1, 1992; OrdJl-121 § 1, 1993; Qrd. 71-152 § 3, 1995) 44 Zoning Code Amendments November I, 2006 § 15-3S.OY0 General requirements and regulations for off-street parking spaces. (a) At the tune of initial occupancy of a site or structure or a[ the time of an alteration or enlargement of a situ or structure, there shall be provided off-street pazking spaces for automobiles in accord with the schedule ofoff-street parking space requirements prescribed in Section 15-35.030. For the purposes of this Section, the term "alteration or enlargement" shall mean a change of use or an addition which would increase the number of parking spaces required above the total number required prior to such change or addition. The number of parking spaces provided for an alteration or enlargement of a site or stmeture shall be in addition to the number existing prior to the alteration or enlargement, unless the pre-existing number is greater than the number prescribed in Section 15-35.030, in which instance, the number in excess of the prescribed minimum shall be counted in calculating the number provided to serve the alteration or enlargement. (b) If, in the application of the requirements of this Article, a fractional number is obtained, one parking space shall be provided for afraction ofone-half or more, and no parking apace shall be required for a fraction of less than one- half. (c) If more than one use is located on a site, the number of parking spaces provided shall be equal to the sum of the requirements prescribed in this Article for each use. (d) The off-street parking requirements of this Article may be satisfied by common parking facility; provided, that the total number of spaces shall be not less than the sum of the individual requirements, and provided further, that a contract between the parties setting forth the agreement for joint use of a common parking Facility is recorded in the office of the County Recorder and a certified copy there is filed with the City. (e) Where parking requirements are detertnined by gases floor area, such area shall not include enclosed or covered areas used for off-street pazking or loading or interior courts of a building not occupied by a use for which off-street parking is required, but such grass floor area shall include any exterior balcony used as the sole means of access to a business establishment and any basement, or portion thereof, occupied by a use for which off-street parking is required. (f) The Planning Commission may require that off-street parking spaces in excess of the number prescribed in Section 15-35.030 be provided for use on a site, if the Commission finds that such additional spaces are necessary to avoid traffic congestion or shortage of curb spaces. (g) For a use not specifically listed in Section 15-35.030, the number ofoff-street parking spaces shall be detemrined by the Planning Commission or the Planning-BireeteF-Community Development Director, based upon the number of spaces required for the most similar specified use and such information as maybe available to the Planning Commission or the Ilanning-Birestee Community Deyeloy~ment Director concerning the parking requirements of the proposed use. (h) In all dishicts except a C-H district, the off-street parking spaces prescribed in Section 15-35.030 shall be located on the same site as the use for which the spaces are required, or on an adjacent site or a site separated only by an alley from the use for which the spaces are required. In a C-H district, the off-street parking spaces prescribed in Section 15-35.030 maybe located within three hundred feet of the use for which the spaces are required, measured by the shortest route of available pedestrian access. (i) With respect to any site or structure located within a C-N, C-V, C-H, P-A, R-M or MU-PD district, not more than twenty-five percent of the number of required off-street parking spaces may consist of compact parking spaces. If, in the application of this subsection, a fractional number is obtained, one compact parking space may be provided for a fraction of more than one-half and one standard parking space shall be provided for a fraction of one-half or less. (j) No repair work or servicing of vehicles shall be conducted in any parking area. § 15-35.030 Schedule of off-street parking spaces. Off-street parking spaces shall be provided in accordance with the following schedule: j Use Spaces Required (a) Single-family dwelling, Two covered spaces within a garage. ~ ', excluding second dwellingunits 4$ Zoning bode Amendments November !. 2006 ~(b) (Second dwelh'nt unit Ipne covered space within a garage, except as otherwise provided ia_Article ~ 17156 Seed-I9. ~ ~ ~ - 'I _ rc) Multi-family dwellings One covered space within a garage for each dwelling unit, plus one and one- ~ half additional spaces on the site for each dwelling unit; provided, however, for housing developments occupied exclusively by seniors, the required parking shall be one covered space within a garage for each dwelling unit ~ plus one-half additional space an the site for each dwelling unit. ~(d) Hotels and motels rOne space for each guestroom or for ®ac6 two beds, whichever is greater. ~(e) I Bed and breakfast One space for each bedroom to be rented, in addition to the spaces required ~astablishments for the single-family dwelling. ~(fj Schools and day care facilities i --j -- One space for each employee, including teachers and administrators, plus such additional spaces as determined by the Planning Commission to be adequate for student and visitor parking. ~ -~__ _e _ ~(g ', ( ( - Community facilities and institutional facilities not otherwise described in this Section -- One space for each employee and such additional number of spaces as may be prescribed by the Planning Commission. - r - - - ~(h) Places of public assembly, including religious institu- lions, theatres, lodge halls, auditoriums and mortuaries One space for each four seats or one space for each forty squaze feet of floor area usable for seating if seats are not fixed, plus one space for each two employees. ~ I (~ - - Clubs, including country clubs, recreation clubs, swimming clubs and tennis clubs - One space for each membership, one space for each employee, and such additional spaces as may be prescribed by the Planning Comtission. --- ~ ~ (j) i Nursing homes One space for each three beds, one space for each two doctors providing medical services on a regular basis, and one apace for each two employees. _ -- ~ -- - ~ __ ~ (k) _ _ P rofessional and administrative offices One space for each two hundred squaze feet of grass floor area. ( (1) Medical offices and clinics One space for each two hundred square feet of grass floor area. -- ~ ~ - - (m) Intensive retail establishments One space for each two hundred square feet of grass floor area. Q( Zoning Code Amendments November 1, 1006 Vi(n) Ez et nsivo retail establishments One space for each five hundred square feet of grass floor area. ~_e (o) Service establishments and One space for each two hundred square feet of grass floor area. i financial institutions j _ _ r ~ ~_~_~---- -- - ~(p) Restaurants ' One space for each seventy-flue square feet of grass floor area. In addition, if' ( the restaurant has outdoor dining, one space for each seventy-five square feet j ~ of outdoor dining area shall also be provided. - -~ j -- ~ --- ~(q) ( Warehouses, storage boil- dings and storage facilities One space for each one thousand square feet of grass floor area. I i combined with commercial uses j- ( ---- ~-- -- - ~~,(r) Commercial uses conducted One space for each employee, and such additional spaces as maybe primarily outside of buildings, prescribed by the Planning Commission. '.. public buildings and grounds other than offices, and public utility structures and facilities § 15-35.035 Parking ratios for off-street parking and loading facilities. (a) Where a site is located within and constitutes a part of a City parking district, the off-street parking requirement for each district shall be as follows, regardless of the particulaz category of use or uses occupying the site: (District ~ Space Required - - l r-- I~No. 1 one space for each 473.5 square feet of grass floor area. -- -- I ~INo. 2 One space for each 380 square feet of grass floor area. .- -- ~ --. jNo. 3 ', One space for each 350 square feet of grass floor area, plus any additional square footage allowed on the site as a result of the acquisition of development rights created by the City upon formation of Parking District No. 3. 47 Zoning Code .Amendments November !, 2006 INo. 4 ~ne space for each 380 square feat of gfaes floor area. (b) For the purpose of determining the required number of parking spaces for a development located within a City parking district, the form "grass floor area" shall not include enclosed or covered azeas used for off-street parking or loading, or interior courts of a building not occupied by a use for which off-street parking is required; but such grass floor azea shall include any exterior balcony used as the sole means of access to a business establishment and any basement, or portion thereof, occupied by a use for which off-street parking is required. If a fractional number is obtained, one parking space shall be provided for a fraction of one-half or more, and no pazking space shall be required for a fraction of less than one-half. (Added by Ord. 71-108 § 2, 1992) § 15-35.040 Design standards for of&street parking facilities. Off-street parking facilities shall comply with the following standazds (a) Each standard parking space shall be not less than eighteen feet in length and nine feet, six inches in width, exclusive of aisles and access drives. The spaces shall be marked by double strips two feet apart and the width of each space shall be measured from center to center of the double strips. Each parallel standard parking space shall be not less than twenty-three feet in length and eight feet in width. (b) Each compact parking apace shall be not less than sixteen feet in length and eight feet in width, exclusive of aisles and access drives; provided, however, when spaces are mazked by double strips two feet apart, the width of each compact parking space maybe not less than seven feet, six inches as measured from center to center of the double strips. Each parallel compact parking space shall be not less than nineteen feet in length and eight feet in width. (c) Sufficient room for turning and maneuvering vehicles shall be provided on the site. ~t~ Thy N idthctf the drio_ewav shall h~ursuant to tirc code requirements~s described in Article i(i-1~ of the Code (~j Each parking space shall be accessible from a street or alley, independent of any other parking space; provided, however, in the case ofoff-street parking for a single-family dwelling or a second dwellute unit, the approving authority may permit tandem parking (e) ft]_Entrances and exits shall be provided at locations approved by the City. i The parking area, aisles and access drives shall be designed, paved, graded and drained in accordance with applicable City constmction standards, subject to approval by the City Engineer. (gj fh~Bumper rails shall be provided where needed for safety or to protect property, as prescribed by the City Engineer. (-)~ (iZIf the parking area is illuminated, lighting shall not exceed one hundred foot lamberts and shall be deflected away from adjoining residential sites so as to cause no annoying glare. (i) (jZWhere a parking area is located adjacent to, or directly across a street or alley from, an A, R-1, HR or R-M district, a landscaped strip not less than five feet in depth shall be planted and permanently maintained along the property line with plant materials not less than five feet in height; except, that within fifty feet from a street intersection, as measured from intersecting curblines or intersecting edges of the street pavement where no curb exists, the plant materials shall not exceed three feet in height above the established grade of the adjoining street. (AZWhere residential parking is located in a garage, the dimensions of the required parking spaces shall be not less than eighteen feet in length and nine feet, six inches in width. 4g Zoning Cade Amendments November 1, 2006 (Amended by Ord. 71.1 l3 (part), 199.; Otd. ~1-186 § 1, 1998) § 13-35.050 General requirements and regulat[ans for off-street loading spaces. (a) At the time of initial occupancy of a site or stmcture or of a major alteration or enlargement of a site or stmetute, there shall be provided off-street loading spaces prescribed in Section 15-35.060. For the purpose of this Section, the term "major alteration or enlargement" shall mean a change of use or an addition which would increase the number of loading spaces required by not less than ten percent of the total number required prior to such change or addition. The number of loading spaces provided for a major alteration or enlargement of a site or structure shall be in addition to the number existing prior to the alteration or enlargement, unless the pre-existing number is greater than the number prescribed in Section 15-35.060, in which instance the number in excess of the prescribed minimum shall be counted in calculating the number provided to serve the major alteration or enlargement. (b) Off-stroet loading spaces in addition to those prescribed in Section 15-35.060 shall be provided if the Planning Commission fords that such additional spaces are necessary to ensure that trucks will not be loaded, unloaded or stored on public streets. A fording of the Commission shall be based on an investigation of the anticipated frequency of truck pick-ups and deliveries and of the truck storage requirements of the use for which the off-skeet loading spaces are required. (c) If, in the application of the requirements of this Article, a fractional number is obtained, one loading space shall be provided for a fraction of one-half or more, and no loading space shall be required for a fraction of less than one- half. (d) If more than one use is located on a site, the number of loading spaces provided shall be equal to the sum of the requirements prescribed in this Article for each use. If more than one use is located on a site and the grass floor area of each use is less than the minimum for which loading spaces aze required but the aggregate grass floor area is greater than the minimum for which loading spaces are required, off-street loading spaces shall be provided as if the aggregate grass floor azea were used for the use requiring the greatest number of loading spaces. (e) The off-street loading requirements of this Article maybe satisfied by the pem~anent allocation of the prescribed number of spaces for each use in a common track loading facility; provided, that the total number of spaces shall not be less than the sum of the individual requirements, and provided further, that a contract between the parties concerned, setting forth an agreement for joint use of a common track loading facility is recorded in the office of the County Recorder and a certified copy thereof is filed with the City. (fl Where loading facility requirements aze determined by grass floor area, such area shall not include enclosed or covered areas used for off-street parking or loading or interior courts of a building not occupied by a use for which off-street loading spaces are required, but such grass floor area shall include any exterior balcony used as the sole means of access to a business establishment and any basement, or portion thereof, occupied by a use for which off- street loading spaces are required. (g) Off-street loading spaces shall be located on the same site as the use for which the loading spaces aze required or on an adjacent site. (h) The Planning Comzrrisaion or the Plag-Streeter L'ommuuity Development llnectot_may require off-street loading facilities to be provided for a use not specifically listed in Section 15-35.060 if the Commission or the Director determines that such facilities aze necessary or appropriate. (i) No loading area shall be used for repair or servicing of vehicles. § 15-35.060 Schedule of off-street loading spaces. Off-street loading spaces shall be provided in accordance with the following schedule: Spaces I Use Fsess Floor Area ( Required r~_~- ~ _~ ~(a) Hotels, motels, Less than 5,000 sq. ft. ~~ 0 offices, nursing 5,000 to 50,000 sq. ft ~ 1 homes, religious - 50,000 to 150,000 sq. ft. ~~ 2 49 Zoning Code Amendments November !, 20Q6 ~ institutions, ser- raeh additional 150,000 ~--- ---- vice establish- sq' fr. - ~~ 1 merits, fmancial r---- -- ' institutions , r I ~-- -- ,- (b(~ Retail establish- ~ess than 5,000 sq. ft. ~ 0 E merits, warehouses, 5,000 to 12,500 sq. ft. ~ -~ I t storage facilities, restaurants 12,300 to 20,000 sq, ft. I -- - 2 i I 20,000 to 30,000 sq. ft. ~ 3 X30,000 to 50,000 sq. ft. 4 50,000 to 75,000 sq. ft. v ~- 5 i' Each additiona173,000 ~ sq. ft. 1 I (c) Public buildings ~- ~- (exoept offices), ~ - ~ ~ -- community facilities, bli ili ~ ~ pu c ut ty strut- tares, when any of __ ~` ~ -- i the foregoing requires ~ - ~ - the retorting delivery or distribution of __ ___ _ ~' goods or equipment by I---i - - -~ ~ truck ~- - ~- _ -. I ~ i ~ ~(d~ Mortuaries Less than 3,000 sq. ft. ~ 1 5,000 to 10,000 sq, ft. ~ 2 Each additional 5,000 ~ i-- sq. ft. ~~ 1 ~- ~ ~ _I - - t-- - (ej Any other use re- ~ I quuing the recur- I rent delivery or di t ib ti f d r s r u on o goo s I or equipment by truck ~ ~ -- _-- ~---- -- ~ § 15-35.070 Design standards for off-street loading facilities. Offstreet loading facilities shall comply with the following standards: (a) Each loading space shall be not less than forty-five feet in length and twelve feet in width, and shall have an 50 Zoning Code Amendments Nouember 1, 1Q06 oveehead clearance of not less than fourtcon feet, except, that for mortuaries, a loading space used exclusively for hearses shell be not less than twenty-four feet in length and ten feet in width and shall have an overhead clearance of not less than eight feet. {b) Sufficient room for taming and maneuvering vehicles shall be provided on the site. (c) Each loading space shall be accessible from a street or alley, independent of any other loading or parking spaces. (d) Entrances and exits shall be provided at locations approved by the City. (e) The loading area, aisles and access drives shall be paved, graded and drained in accordance with applicable City construction standards, subject to approval by the City Engineer. {f) Bumper rails shall be provided where needed for safety or to protect property, as prescribed by the City Engineer. (g) If the loading area is illuminated, lighting shall not exceed one hundred foot lamberts and shall be deflected away from adjoining residential sites so as to cause no annoying glare. {h) A loading azea shall not be located in a required front, side or rear setback atea_~, and sha116e sceeened from adjoining sites by a solid wall or fence or vine-covered fence not leas than six feat in height. § 15-35.110 Use for advertlaing prohibited. (a) No off-street parking or loading facility related to any commercial use in any zorting district shall be used for the stopping, standing or parking of any vehicle for the purpose of advertising such vehicle or any other property or services for sale, or displaying any such vehicle for sale. (b) No off-street parking space, driveway or front setback arca_yar~ in any residential district shall be used for the stopping, standing or parking of any vehicle for the purpose of advertising such vehicle or any other property or services for sale, or displaying any such vehicle for sale; except, [hat the occupant of said property may park one vehicle owned by such occupant, displayed far sale and bearing a sign not exceeding two square feet in area restricted to the sale of the vehicle upon which it is posted. § 15-45.020 Compliance with development standards. No single-family main structure or accessory structure shall be constructed or significantly expanded within any A, R-1, HR, R-OS or R-M district unless the proposed structure or expansion complies with the floor area standards contained in Section 15-45.030 of this Article and the setback requirements contained in this ('haptcr, . ]n the event of a conflict between the floor area and setback requirements in Article 15-45 and the standards set forth in the R-OS zone district, the more restrictive standard shall govern. For the purposes of this Article, the terms "significantly expanded or "significant expansion" shall mean an expansion exceeding one hundred square feet. The Planning Commission shall have authority to grant a variance from such regulations pursuant to Article IS-70 of this Chapter. (Amended by Ord. 71.98 § 10, 1991; Ord. "91.113 § 9, 1992; Amended by Ord. 221 § 2 (part), 2003) § 15-45.030 Allowable floor area. (a) Definition. As used in this Article, the term "allowable floor area" means the maximum grass floor area of the main structure (including any garage constituting a portion thereof), plus any accessory structures. For purposes of calculating allowable floor area, any space with an interior height of fifteen feet or greater shall be doubled. The allowable floor area is based upon the net site area and slope of the lot and the height of the main structure to be constmcted or existing thereon as computed in accordance with the provisions of this Section. Net site area shall be S 1 Zoning Code Amendments November 1, 2006 calculated in accordance with Section 15-06.620 of this Code. (b) Maximum standards. The standards set forth in this Section are intended to be maximum figures and the Planning Commission may, in considering any application, require that the floor area be reduced below the applicable standard if ouch reduction is necessary in order to make the findings prescribed in Section 15-45.080 of this Article. (c) Slope adjustment. If the average slope of the lot is more than ten percent, the net site area of the lot shall be reduced by a percentage amount based upon the average slope and calculated as follows: Average Slope of the Lot Percentage of Net Site Area to be Deducted 10.01--20% 10% plus 2% for each 1 percent of slope over 10%* 20,01--30% 30% plus 3% for each 1 percent of slope over 20%* Over 30% 60% *Where the average slope is a fractional number, it shall be rounded up to the next whole number. (d) Floor area standards. After reducing the net site area by the amount required for the slope adjustment under subsection (c) of this Section, if any, the floor area standard for the lot shall be detemilned in accordance with the table set forth below: Size of Lot Floor Area (Net Site Area) Standard Less than 5,000 sq. ft. To be determined by Planning Commission 5,000--10,000 sq. ft. 2,400 sq. ft. plus 160 sq. ft. for each 1,000 sq. ft. of net site area over 5,000 sq. ft.* 10,001--15,000 sq. ft. 3,200 sq. ft. plus 170 sq. ft. for each 1,000 sq. ft. of net site area over 10,000 sq. ft.* 13,001--40,000 sq. ft. 4,050 sq. ft. plus 78 sq. ft. for each 1,000 sq. ft. of net site area over 15,000 sq, ft.* 40,001--80,000 sq. ft. 6,000 sq. ft. plus 20 sq. ft. for each 1,000 sq. ft. of net site area over 40,000 sq. ft.* 80,001--200,000 sq. ft. 6,800 sq. ft, plus 10 sq. ft. for each 1,000 sq. ft. of net site area over 80,000 sq. ft.* 200,000 + 8,000 sq. ft. is the maximum allowable square footage. *Where division of the net site area by 1000 results in a fractional number the product shall be rounded up to the next whole number. (e) Maximum floor area allowed for R-1, HR and A Zone districts. In the Zone Districts listed below the maximum allowable floor area shall be the lesser of the Floor Area Standards or the Maximum Floo: Area specified as in the following table: Zone District Maximum Floor Area R-1--10,000 4,400 R-1--12,500 4,830 5~ Zoning Code Amendmercts November 1, ?OOb R-1--13,000 3,220 R-1--20,000 6,000 R-1--40,000 7,200 HR and A 8,000 (Amended by Ord. 221 § 2 (part), 2003) § 15-45.060 Requirement for design review; public hearing. (a) In each of the following cases, no building permit shall be issued for the constmction, reconstruction or significant expansion of asingle-family main structure or accessory stmcture in any A, R-1, liR, or R-OS district until such structure has received design review approval by the Planning Comrnission pursuant to this Article: (1) Any new multi-story main structure or multi-story accessory structure. (2) Any conversion of a single-story stmcture to a multi-story stmcture, except where such conversion does not result in any exterior modifications to the existing armature beyond the installation of skylights in the roof. (3) Any new single-story structure or addition to a single story structure over eighteen feet in height. (4) Whenever design review is specifically required under the terms or conditions of any tentative or final subdivision map, use permit, variance or conditional rezoning. (3) Any main structure to be constructed upon a lot having a net site area of less than five thousand square feet. (6) Whenever, as a result of the proposed constmetion, reconstmction or expansion, the grass floor area of all structures on the site will exceed six thousand square feet. (7) Whenever, in the opinion of the Community Development Director, the construction, reconstmction or significant expansion of a main or accessory structure may be incompatible with the neighborhood, or may create a perception of excessive mass or bulk, or may unreasonably interfere with views or privacy, or may cause excessive damage to the natural environment, or may result in excessive intensification of the use or development of the site. (8) Whenever tifty_perceut or morn. otthe structural elements or members of the existine exterior walls drat detine the boundary of the buildin¢ are removed as a result of recoustmction. replaeymeut or expansion of a sin rl~ e std structure over e~hfeen feet in height, or a nmlti-stow nuin snucture, or an accessory structure. AKh~ . =FI~~~eseas~us4iea-e€ (b) A public hearing on the application for design review approval under this Article shall be required. Notice of the public hearing shall be given not less than ten days nor more than thirty days prior to the date of the hearing by mailing, postage prepaid, a notice of the time and place of the hearing to the applicant and to all persons whose names appear on the latest available assessment roll of the County as owning property within five hundred feet of the boundaries of the site which is the subject of the application. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City not later than ten days prior to the date of the hearing. (Amended by Ord. 71.98 § 11, 1991; Ord. 71.113 § 10, 1992; Ord. 71-179 § 1, 1998; Amended by Ord. 221 § 2 (part), 2003) 53 Zoning Code Amendments November t, 2006 § 19-4S.06S Administrativo design rovlow, (a) In each of the following cases, no building permit shall be issued for the construction, reconstruction, replacement or significant expansion of asingle-family stmcture or armature in any A, R-1, HR, or R-OS district until such structure has received administrative design review approval by the Community Development Director, pursuant to this Article: (1) New single-story residences and accessory stmcttrres greater than two hundred fifty square feet in grass floor area. (2) Major additions in size, defined as: {A) The expansion or reconstruction of, fifty percent or more of an existing main or accessory structure (B) A one hundred square feet or greater addition to or reconstruction of one hundred squaze feet or more of the second story of a main or accessory structure. (C) The removal,and-replacement. or reconstruction of fifty percent or more of the existine snvc[ural elements or mentber~ of the exterior walls which define the exterior bounder of a main structure or an accessory structure, the (3) Addition of a basement to an existing structure and enlazgement of basements. (b) The application for administrative design review approval shall comply with Section 15-45.070. The Community Development Director shall not grant design review approval unless the findings set forth in Section 15-45.Og0 have been made. (c) If the Community Development Director intends to approve the application, a "Notice of Intent to Approve" will be mailed to all property owners within two hundred fifty feet of the subject property and to others as deemed appropriate. All interested parties will have fifteen calendar days from the date of the "Notice of Intent to Approve" in which to review the application and provide written comments to the Community Development Duector. The Community Development Director shall approve or deny the application within fifteen days of the close of the review period and shall mail notice of the decision to the applicant and to any party that has requested a copy of such notice. The Community Development Director's decision is appealable to the Planning Commission within fifteen calende~ar days of the Director's decision to approve the application. The Planning Commission at a public heazing will review any appeal. Notwithstanding, Section 15-45.110 or Section 15-90.020, the decision of the Planning Commission on the appeal shall be final and not subject to appeal to the City Council. (d) If the application is not approved by the Community Development Director, then the applicant may file an appeal within fifteen calendar days of the Community Development Directoi s decision or deadline to render a decision and have the application heard by the Planning Commission at a de novo public hearing. (Amended by Ord. 221 § 2 (part), 2003) § 15-45.070 Application requirements. (a) Applications for nchninistnuive.desian review auurovu] and design review approval shall be filed with the Community Development Director on such forms, as he the Director shall prescribe. ~ An application shall include the following exhibits: (1) Site plan showing (i) property lines, (ii) easements and their dimensions, (iii) underground utilities and their dimensions, (iv) stmcture setbacks, (v) building envelope, (vi) topography, (vii) species, trunk diameter at breast height (DBH as defined in Section 15-50.020(8)), canopy driplines, and locations of all heritage trees (as defined in S4 Zoning Code Amendments November !, 2006 Section 15-50.020(1), trees measuring at least ten inches DBH, and all native feces measuring at least six inches DBH on the property and within one hundred fifty feet of the property, (viii) areas of dense vegetation and (ix) riparian corridors. {~) Anv ap ~lic~tion drat proposes new cnns7uction three feet o~~er to a reauired setback area shall include a survey site plan si uy ed by a licensed land surveyor or registered civil en ins eer quali5ed to dopropetK}_hne survey Such surveys shall verify the location of existin¢ property lines, easetents, structures and mxitected Gees. as defined in Section 15 _50.0201 u1, (~ ~ZA statement of energy conserving features proposed for the project. Such features may include, but are not limited to, use of solar panels for domestic hot water or space heating, passive solar building design, insulation beyond that required under State law, insulated windows, or solar shading devices. Upon request, the applicant shall submit a solar shade study if determined necessary by the Community Development Director. (3) Elevations of the proposed structures showing exterior materials, roof materials and window treatment. (4~ Cross sections for all projects located on a hillside lot, together with an aerial photograph of the site if requested by the Community Development Director. (3) (t;ZEngineered grading and drainage plans, including cross sections if the stmeture if the stmcture is to be constmcted on a hillside lot. (6) L7~Floor plans that indicate total giess floor area, determined in accordance with Section 15-06.280 of this Chapter. (~1~Roofplans. (8) (9)_Landscape and irrigation plans for the site, showing the location of existing trees proposed to be retained on the site, the location of any proposed replacement trees, the location and design of landscaped areas, types and quantities of landscape materials and irrigation systems, appropriate use of native plants and water conserving materials and irrigation systems and all other landscape features. (93 { l OZTree Preservation Plan, as required in Section 15-50.140. (10~ (11~Preliminary title report showing all parties having any interest in the property and any easements, encumbrances and restrictions, which benefit or burden the property. (-1-1-j (1~ Such additional exhibits or information as may be required by the Community Development Director. All exhibits shall be drawn to scale, dated and signed by the person preparing the exhibit. Copies of all plans to be submitted shall consist of two sets drawn on sheets eighteen inches by twenty-eight inches in size and fifteen reduced sets on sheets eleven inches by seventeen inches in size. (-1-2j (f 3~A geotechnical clearance as defined in Section 15-06.325 of this Code, if required by the City Engineer. (a) l~~ An application shall be accompanied by the payment of a processing fee, in such amount as established from time to time by resolution of the City Council. (Amended by Ord. 221 § 2 (part), 2003; Ord. 226 § 2 (part), 2003) § 15-45.080 Design review findings. The Planning Commission shall not grant design review approval unless it is able to make the following fmdings: (a) Avoid unreasonable interference with views and privacy. The height, elevations and placement on the site of the SS Zoning Code Amendments ~lauember 1, ZQQ6 proposed train or accessory structure, when considered with reference to: (i) the nature and location of residential structures on adjacent lots and within the neighborhoods; and (ii) community viow sheds will avoid unreasonable interference with views and privacy. (b) Preserve natural landscape. The natural landscape will be preserved insofar as practicable by designing structures to follow the natural contours of the site and minimizing tree and soil removal; grade changes will be minirttized and will be in keeping with the general appearance of neighboring developed areas and undeveloped areas. (c) Preserve native and heritage hoes. All heritage trees (as defined in Section 15-50.020 (1)) will be preserved. All native trees designated for protection pursuant to Section 15.50.050 will be preserved, or, given the conshaints son- streinis of the property, the number approved for removal will be reduced to an absolute minimum Removal of any smaller oak trans deemed to be in good health by the City sky-Arborist will be minimized using the criteria set forth in Section 13.50.080. (d) Minimize perception of excessive bulk. The proposed main or accessory stmcture in relation to atmetures on adjacent lots, and to the surrounding region, will minimize the perception of excessive bulk and will be integrated into the natural environment. (e) Compatible bulk and height. The proposed main or accessory structure will be compatible in terms of bulk and height with (i) existing residential structures on adjacent lots and those within We immediate neighborhood and within the same coning district; and (ii) the natural anvironnrant; and shall not (i) wrreasonably ameasenably impair the light and air of adjacent properties nor (ii) unreasonably impair the ability of adjacent properties to utilize solar energy. (t) Currant grading and erosion control methods. The proposed sits development or grading plan incorporates current grading and erosion control standards used by the City. (g) Design policies and techniques. The proposed main or accessory stmcture will conform to each of the applicable design policies and techniques set forth in the Residential Design Handbook and as required by Section 15-45.035. (Amended by Ord 71.99 § 27, 1991; Amended by Oxd. 221 § 2 (part), 2003; Ord. 226 § 2 (part), 2003) § 15-A5.100 Beplacement of destroyed structures. In the event an existing single-family dwelling having a grass floor area in excess of the standards set forth in Section 13-45.030 of this Article or setbacks which nee less than required under Seatd'an-~13~94&ef this Aisle Ch. .enter, is damaged or destroyed as a result of fire, act of God or other calamity (except far landslide, earthquake, earth movement, soil instability or flood), the structure maybe replaced with a new atmeture having a maximum grass floor area no greater than the original structure and setbacks no lass than the original structure. If design review approval is required for the proposed replacement structure, the provisions of this Section shall be applied in lieu of the standards sat forth in Sections 15-45.030 and the setback requirements of this Chapter In all other respects, the replacement structure shall comply with the regulations of this Chapter, including the regulations pertaining to stmeture height and impervious cover. § 15-46.020 Requirement for design review; public hearing. (a) In each of the followhrg eases, no building permit shall be issued until the proposed improvements have received design review approval by the Planning Commission pursuant to this Article: (1) Any new main structure in an R-M, P-A or C district. (2) Any expansion over five hundred square feet to an existing main structure in an R-M, P-A or C district. (3) Any substantial exterior alteration, as determined by the Ir}enrting-Bireeter Conm3unity Devalo meat Director, to an existing structure m an R-M, P-A 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 or C g( Zoning Code Amendments November 1, 2006 district. (S) Any parking lot in an R-M, P-A or C district covering an area of one thousand square feet or greater. (6) Any slmcture, except asingle-family dwelling oe accessory structure, having a grass floor area of one thousand square feet or greater, located in an A, R-1, HR or R-OS district. (b) A public hearing on the application for design review approval under this Article shall be required. Notice of the public hearing shall be given not less than ten days nor more than thirty days prior to the date of the hearing by mailing, postage prepaid, a notice of the time and place of the hearing to the applicant and to all persons whose names appeaz on the latest available assessment roll of the County as owning property within five hundred feet of the boundaries of the site upon which the structure, expansion, alteration, addition or parking lot ie to be constructed. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City not later than ten days prior to the date of the hearing. (Amended by Ord. 71.98 § 12, 1991; Ord. 71.113 § 11, 1992) § 15-46.030 Application requirements. (a) Application for design review approval shall be filed with the g-13irestee Community Development [)hector on such form as shall be prescribed. The application shall include the following exhibits: (1) A site plan showing property lines, easements, dimensions, topography, and the proposed layout of all structures and improvements including, where appropriate, driveways, pedestrian walks, parking and loading areas, landscaped areas, fences and walls, and the species, trunk diameter breast height (DBH as defined in Section 15-50.020(g)), canopy driplines, and locations of all heritage trees (as defined in Section 15-50.020(1)), trees measuring at least ten inches DBH, and all native trees measuring at least six inches DBH on the property and within one hundred fifty feet of the property. The site plan shall indicate the locations of entrances and exits and the direction of traffic flow into and out of parking and loading areas, the location and dimension of each pazking and loading space, and areas for turning and maneuvering vehicles. (2) Architectural drawings or sketches showing all elevations of the proposed structures as dtey will appear upon completion. All exterior surfacing materials and their colors shall be specified, and the size, location, material, colors and illumination of all signs shall be indicated. (3) A landscape and irrigation plan for the site, showing the locations of existing trees proposed to be retained on the site, the location of any proposed replacement trees, types and quantities of landscape plants and materials and irrigation systems, appropriate use of native plants, and water conserving plants and materials and irrigation systems, and all other landscape features. (4) Cross sections for all projects located on a hillside lot. (5) Engineered grading and drainage plans, including cross sections if the structure is to be constmcted on a hillside lot. Disposition of on-site storm water shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program (NPDES). (6) Floor plane showing total grass floor area, determined in acwrdance with Section 15-06.280 of this Chapter. (7) Roof plans. (8) Such additional exhibits or infom>ation as maybe required by the Community Development Director or the Planning Conunission. All exhibits shall be drawn to scale, dated and signed by the person preparing the exhibit. Copies of all plans to be submitted shall consist of two sets drawn on sheets eighteen inches by twenty-eight inches in size and fifteen sets on sheets eleven inches by seventeen inches in size. (b) The application shall be accompanied by the payment of a processing fee, in such amount as established from time to time by resolution of the City Council, together with a deposit toward the expense of noticing the public hearing as determined by the Community Development Director. (Amended by Ord. 226 § 2 (part 1), 2003; Ord. 229 § 2 (part), 2004) § 15-50.010 Findings; purposes of Article. The City Council finds that the City is primarily a residential community; that the economics of property values is inseparably connected with the rural amactiveness of the area, much of which is attributable to the wooded hillsides and the native and ornamental trees located throughout the City; that the preservation of such trees is necessary far the health, safety and welfare of the residents of the City in order to preserve scenic beauty, prevent erosion of topsoil, protect against flood hazazds and the risk of landslides, counteract pollutants in the air, maintain the climatic g'J Zoning Code Amendments November !. 2006 balance and decrease wind velocities. To complement ~ and strengthen zoning, subdivision and other land use standards and regulations, while at the same time recognizing the privileges of private property ownership, the City Council adopts this ordinance to establish basic standards and measures for the maintenance, removal, and replacement of trees. Thus, this ordinance is designed to provide a stable and sustainable urban forest to preserve and protect significant historic heritage values, and to enhance the unique aesthetic character and environment of this City. (Amended by Ord. 226 § 2 (part), 2003) § 15-55.030 Variation from standards. A conditional use maybe permitted by a use permit to have different site area, density, stmcture height, distances between steuctures, silo coverage, front, side and rear setbackk aira yard minimums and off-street pazking and loading requirements, other than as listed under the specific regulations for unconditional permitted uses in the zoning district in which it lies.; , § 15-55.080 Action by Planning Commission. (a) The Planning Commission may either grant or deny the application for use permit. If granted, the use permit may be revocable, may be granted for a limited period of time, and maybe granted subject to such conditions as imposed by the Planning Corrmtission. (b) The use permit shall become effective upon the expiration of tea Tifteen days following the date on which the use permit was granted unless an appeal has been taken to the City Council pursuant to Article 15-90 of this Chapter. § 15-55.090 Expiration of use permit; extensions. (a) A use pemrit granted pursuant to this Article shall expire Mveaty-feoe Y1ti~-six months from the date on which approval of such use permit became effective, unless prior to such expiration date a building permit is issued and construction is commenced and prosecuted diligently toward completion on the site or stmeture constituting the subject of the use permit, or a certificate of occupancy is issued for such site or stmeture. (b) A use permit maybe extended for a period or periods of time not exceeding tli~y-six twelve months. for a total maximum use oennit life of fi>~-eiKht months. The application for extension shall be ftled prior to the expiration date, and shall be accompanied by the payment of a fee in such amount as established from time to time by resolution of the City Council A public hearing shall be conducted on the application for extension and notice thereof shall be given in the same manner as prescribed in Section 15-55.060 of this Article. Extension of a use permit is not a matter of right and the approving authority may deny the application or grant the same subject to conditions, Article 15-56 SECOND UWFLLING UNITS 15-56.010 Purpose. 15-36.020 One second dwall~unit per site. 15-56.030 Development standards. 1 S-S 6.040 Inspections. 15-56.050 Legalization of existing second dwellingunits. 5$ Zoning Code Amendments November !, 21706 ~ 15-56.010 Purpoce. ~ The purpose of this Chapter is to authorize the establishment of second dwelling seeexdary-1ia~ing~units in single- family districts to comply with state law and to help achieve the goals and policies of the Housing Element of the Saratoga General Plan. Controlled construction of second dwelline seeende~diuing..units will promote a stable heterogeneous community with a balanced social and economic mix. (Amended by Ord. 218 § 2 (part), 2003) § 15-56.020 One cecond dwelling unit per site. Only one- second dwelling unit shall be allowed permitted on any one site. (Amended by Ord. 21 B § 2 (part), 2003) § 15-56.030 Development standards. Except as otherwise provided in Section 15-56.050, each second dwelling unit shall comply with all of the following development standards: (a) Lot size. ,The net site azea of the lot upon which the second dwellure unit is located shall not be less than the minimum standard prescribed for the district applicable to such lot. (b) Unit size. The second dwelline unit shall be at least four hundred square feet and shall not exceed twelve hundred square feat of living space, not including the garage. If a second dwelling unit has a basement, the area of the basement is included as part of the total maximum allowed. (c) $uilding codes. The second dwelingunit shall comply with applicable building, health and fire codes. (d) Zoning regulations. The second dwelling unit shall comply with applicable zoning regulations (including, but not limited to, required setbacks, coverage, and height limits). Aone-time ton percent increase in site coverage and allowable floor area maybe granted by the Community Development Director if the new second dwelling unit is deed restricted so Otat it may only be rented to below market rate households. (e) Parking. A minimum of one off-street covered parking space within a garage shall be provided for the second dwelline unit in addition to the off-street covered pazking spaces required for the main dwelling. The gazage requirement may be waived if the second dwelling unit is deed restricted so that they may only be rented to below market rate households. If the gazage requirement is waived, an open parking space must be provided. (~ Access. The second dwellingunit shall be served by the same driveway access to the street as the existing main dwelling. (g) Common entrance. If the second dwelling unit is attached to the main dwelling, both the second dwelling unit and the main dwelling must be served by either a common entrance or a separate entrance to the second dwelling unit must be located on the side or at the rear of the main dwelling. (h) Limitations on number of bedrooms. A seeendar~-living second dwelling unit may not have more than two bedrooms. (i) Appearance. All new construction to create a seeendary-living second dwelline unit must match the existing main stmcture in color, materials and azchiteotural design. (Amended by Ord. 218 § 2 (part), 2003) 59 Zoning Code Amendments November !, 2006 § 15-56.040 Inspections. (a) Where the application is for legalization of an existing second dwelline unit or approval of a proposed unit to be attached to the main dwelling an inspection of the property shall be conducted to determine that the existing second dwelline unit, and any main dwelling to which a second dwelline unit will be attached by a common wall, will comply with all applicable building, health, fire and zoning codes. Such inspections shall be performed by the City or by an independent contractor retained by the City for such purpose, and the applicant thereof shall pay the cost. (b) Each existing second dwelline unit and a main dwelling, to which a second dwelling unit will be attached by a common wall, shall be reviewed by the Fire Marshall or his designated representative. Any recommendations by the Fire Marshall shall be included as a-conditions for the granting of a building perrnit. Such recommendations may include the connection of the second dwelline• unit to an existing or proposed early warning fire alarm system installed in the main dwelling. (c) The inspections to be conducted pursuant to this Section shall not constitute an assumption by the City, or by anyone acting in its behalf, of any liability with respect to the physical condition of the property, nor sha4 the authorization to construct a new second dwelline uttit or the_legaliza[ion of an existine second. dwollinf; unit, pursuant to this Code, ' represent a warranty by the City to the owner of the property or any other person that such property fully complies with all applicable building, health and fire codes. (Amended by Ord. 218 § 2 (part), 2003) § 15-56.050 Legalization of existing second dwelline units. (a) Purpose of Section. It is in the public interest that all residenks of the City live in safe, sanitary housing conditions. Second dwelline units currently exist which ware created prior to the adoption of this Article. In order to encourage the legitimating of such units under the law, the owners of property on which second dwelline units are located should be encouraged to legalize such units provided the units are determined to be both safe and sanitary for continued human occupancy. Conversely, if existing second dwelline units aze not safe and sanitary for continued human occupancy, the City has the responsibility to either insure they are made both safe and sanitary or their use for human occupancy is discontinued. The propose of this Section is to establish special procedures and standazds for legalization of existing second dwelline units that aze or can be made fit for human occupancy. (b) Scope of Section. This Section shall apply only to second dwelline units established prior to February 19, 2003 but after August 18, 1984 within a structure for which a building permit was issued, or otherwise was lawfully constructed, and which complied with any applicable zoning or development standazds in force at the time of construction. Any second dwelline unit established from and after February 19, 2003, shall be deemed a new unit subject to the remaining provisions of this Article. (c) Contents of Application. Application to legalize an existing second dwelline unit shall be filed with the Community Development Director on such form as shall be prescribed. The application shall be accompanied by the following: (1) A vicinity map showing the location of the site (2) An accurate scale drawing showing the location of all structures, trees, landscaping and off-street pazldng spaces on the site. (3) Inspection reports by an independent contractor and the Fire Marshall, as required under Section 15-56.050 of this Article. (4) A preliminary title report covering the site, or other evidence showing the applicant to be the owner of the property. (5) If the site is a hillside lot, either or both of the following documents shall be furnished if requested by the Community Development Director: (i) A topographic map of the site showing contours at intervals of not more than 6Q Zoning Code Amendments November 1. 2006 five feet; and/or (ii) A geologic report on the site prepared by a certified engineering geologist or a registered civil engineer qualified in soil mechanics. (6) If the existing second dwelling unit is served by a septic systena, a description thereof together with a drawing showing the location of the septic tank and leach field on the site (d) Standards. Existing second dwelling units shall comply with the following standards: (1) Where the second dwelling unit is located upon a hillside lot, the applicant shall demonstrate, to the satrsfaction of the Community Development Dtrector that the second dw~ngunit is not subject to actual or potential damage from landslide, earth movement or other geologic hazazd. (2) In lieu of compliance with the Uniform Building Code, the second dwellin¢ unit shall comply with the Uniforrn Housing Code as adopted by the City and shall otherwise comply with applicable health and fire codes. (3) Provided that not less than three off-street parking spaces are available on the site, the requirement of a covered parking space for the second dwcllingunit may be waived if there is no feasible location on the site for either a garage or carport. In such event, the parking space for the second dwelline unit shall be screened from view from the sheet, if possible; otherwise, the driveway on the site maybe utilized as a parking space for the second dwelline unit (4) Where the second dwelline unit is served by a septic tank, the septic system shall be inspected and approved by the County Health Departrnent. In addition, the applicant shall execute and record a deferred improvement agreement wherein the applicant and his successors will be obligated to connect the second dwelline unit, and the main dwelling if also served by a septic system, to a sanitary sewer whenever the same becomes available and to pay his proportionate share of the installation cost. (e) Disqualified existing units. Any second dwelline unit established prior to February 19, 2003 which does not qualify for legalization under this Section by reason of not having been lawfully constmcted, shall be deemed a new unit subject to the remaining provisions of this Article, except as follows: (1) The existing second dwelline unit shall comply with the standards set forth in subsection (d) of this Section. (2) The existing second dwelline unit shall comply with current zoning regu]ations, unless a variance is granted pursuant to Article 15-70 of this Chapter. (f) Burden of proof. Wherever in this Section [he legalization of an existing second dwelline unit depends upon the establishment of any event occurring on or before a specified date, the burden of proof shall be upon the applicant. (Amended by Ord. 218 § 2 (part), 2003) § 15-60.010 Temporary uses allowed by permit. (a) For the purposes of this Article, the term "temporary use" means an activity described in subsection (b) of this Section, whether profit or non-profit, conducted on public or private property for a limited period of time. If such time does not exceed ten consecutive days or a total often days within a thirty day period, the application maybe acted upon and a temporary use permit issued by the Commnni Develonment P~e»ixg Director; otherwise, the application shall be acted upon by the Planning Commission. (b) The following described temporary uses may be pernritted in any zoning district in the City upon the prior obtaining of a temporary use permit pursuant to this Article: (1) Art shows. (2) Craft shows. (3) Antique shows. (4) Outdoor sales on public or private property. (5) Tours of heritage resources, as designated pursuant to Chapter 13 of this Code. (6) Home tours. (7) Fundraising activities conducted on a residential site for artistic, cultural, educational or political purposes. 61 Zoning Code Amendments November 1, 2006 (g) Additional temporary uses added by the Planning Commission in accord with Section 15-60.050. (9) Temporary on-site and off-site signs in conjunction with the above uses. § 15-60.020 Application for use permit; fee. Application for a temporary use pemvt shall be filed with the Community Deg c Lollme~lt_;?Ia~ing-Dtrector, on such form as he may proscribe, at least thirty days prior to the proposed date of the event. The application shall be accompanied by a processing fee in such amount as established from time to time by resolution of the City Council, and shall include the following: (a) Name and address of the applicant. (b) Statement that the applicant is the owner of the property or is the authorized agent of the owner. (c) Address or description of the property on which the use will be conducted. (d) Two copies of a site plan which shall include the following: (1) Designation of area to be occupied by the use. (2) Existing structures and improvements. (3) Provision for off-street parking. (4) Site location diagram. (5) ldentification of all property owners and uses within a radius of five hundred feet from each boundary of the site. (e) A written description of the event to include: (1) Activities planned during the event. (2) Days and hours of operation. (3) Sales of goods (if any). (4) Number of people involved in operating the event and number of people anticipated to attend. (5) Explanation of how and where food (if any) is to be served. (6) Explanation of the number and location of sanitary facilities to be provided. (f) A location diagram and drawing of any temporary signs proposed for identification of the use or off-site direction to the use. Off-site sign proposals must be accompanied by written statements of authorization signed by the owners of the sites on which said signs are to be located. § 15-60.030 Issuance of use permit; conditions. (a) The Community I )c~ el~meitt gleaning-Director or the Planning Commission, as the case maybe, may grant a temporary use pemilt upon a finding that the temporary use is compatible with the purposes and objectives of this Chapter, and in doing so shall impose such reasonable conditions as circumstances may require, including, but not limited to, the following: (1) A refundable clean-up deposit, in such amount as maybe appropriate. (2) Limitation on the length of time, the days of the week, and the hours of the day during which the activity maybe conducted. (3) Approval by the County Health Department if food is to be sold in connection with the activity. (4) Approval by the chief of the fire district in which the activity will be conducted if such activity involves any risk of fire, explosion, or other similaz hazazd. (5) Approval by the Sheriffs department if the activity requires any traffic or crowd control or involves any potential threat to the public safety. (6) Provision for sanitary facilities. (7) Limitation on the size, number, location and duration of temporary signs advertising the activity. (b) The (hmntwil t)ev_e~ment glaaaiag-Duector or the Planning Commission may deny any application which is detrimental to the public health, safety or welfare or which is in conflict with the objectives of this Chapter. Approval for the identical use by the same applicant shall not be given more than once in a twelve-month period. § 15-60.060 Appeals. Any determination or decision by the Community 1)e~ clopnient_Planxtng Director or the Planning Commission under this Article tray be appealed to the City Council in accordance with the procedure set forth ifl Article 15-90 of this Chapter. 62 Zoning Code Amendments November 1, 1006 § 15-65.030 Exemption of nonconforming single-family and multi-family dwellings (a) This Article shall not apply to a lawfully established single family dwelling constituting a main structure located within any A, R-1, or I3R district or a lawfully established multi-family dwelling located within any R-M district provided, however, any alteration, modification or expansion of such nonconforming structure shall comply with the regulations of this Chapter or a vaziance must be obtained for such alteration, modification or expansion pursuant to Article 15-70 of this Chapter. (b) Neneetsfetnung-Exisune second dwelline units that Imve not been Ie aPg ized, pursuant to Chapter 15 are not exempted from this Article and must be discontinued in accordance with Section 15-65.110 aa{e~es-a-use-eee~it-fef (Amended by Ord. 71.113 (part), 1992) § 15-65.040 Routine maintenance; limitation on repairs. (a) Subject to the provisions of this Section, routine maintenance and repairs maybe performed upon a nonconforming structure or facility for the purpose of preserving its existing condition, retazding or eliminating weaz and tear or physical depreciation, or complying with the requirements of law. (b) Incidental alterations to a nonconforming structure or facility maybe permitted, provided such alterations do not increase the degree of noncompliance or otherwise increase the discrepancy between existing conditions and the requirements of this Chapter. (c) Structural alterations to a nonconforming facility may be permitted only to accommodate a conforming use or when made to comply with the requirements of law. (d) Structural alterations to a nonconfomring structure may be permitted when necessary to comply with the requirements of law, or to accommodate a confomdng use when such alterations do not increase the degree of noncompliance, or otherwise increase the discrepancy between existing conditions and the requirements of this Chapter, or do not effectively extend or perpetuate the useful life of any particular feature or portion of the structure which is nonconforming. In no case shall the value of the structural alterations performed during any one-yeaz period exceed ten percent of the replacement cost of the building prior to such alteration, unless such building is changed to a conforming structure. § 15-65.100 Replacement of damaged ar destroyed nonconforming structure. (a) A nonconforming structure which is damaged or destroyed may not be reconstructed or replaced, except as follows: (1) When the entire structure is reconstructed or replaced as a conforming structure; or (2) When the damage or destruction affects only a portion of a nonconforming structure, which portion does not constitute or contribute to the noncompliance, such portion maybe reconstructed or replaced to its previous configuration; or (3) When the damage or destruction affects only a portion of a nonconfomilng structure, which portion constituted or contributed to the noncompliance and does not exceed fifty percent of the grass floor area of the entire structure, such portion maybe reconstructed or replaced to its previous configuration. In no case shall such reconstruction or replacement create, cause or increase any noncompliance with the requirements of this Chapter. (4) Any reconstruction or replacement permitted under this Section shall not extend or otherwise modify the required termination date for the nonconforming structure as established by Section 15-65.110 and applied to such nonconforming structure prior to the reconstruction or replacement. (b) Except as otherwise provided in this Section with regard to reconstruction or replacement of a portion of a structure to its previous nonconforming condition, all reconstruction or replacement shall be subject to all applicable laws, regulations and procedures otherwise governing construction on the site at the time such construction is undertaken. The reconstruction or replacement work shall be commenced within one year from the date of damage or destruction and prosecuted diligently to completion. 63 Zoning Code Amendments November 1, 2006 § 13-63.130 Determination of age. (a) The age of a structure, excluding signs, shall be computed from the recorded date of its completion, if available, or otherwise shall be deemed to be one year subsequent to the issuance of a building permit for such structure. if an addition to a structure was lawfully constmcted which had at the time of its completion a value of more than seventy- five percent of the value of the original building, or which increased the grass floor area of the original building by more than seventy-five percent, the age of the stmcture shall be computed from the recorded date of completion of the addition, if available, or otherwise such date shall be deemed to be one year subsequent to the date of issuance of a building pemtit for such addition. When the age of a structure cannot be determined by any of the foregoing means, the P~}ana~g-Bireeter Communitu Develo~ent Director shall estitnate the age for the purposes of this Article. (b) The age of a sign shall be computed from the date of its installation, if available, or otherwise such date shall be estimated by the ttg-Birester Comrnwrity Develonmeot Director. § 13-63.140 Authorization of nonconforming uses and structures by use permit or variance. (a) The Planning Commission may authorize the continuation of a nonconforming use through the granting of a use permit pursuant to Article 15-SS of this Chapter; ef~his-C~kepter. Upon the granting of such use permit, the use shall no longer be considered nonconfomilng and shall thereafter be continued in compliance with such conditions as may be specified in the use permit. A use permit for an otherwise nonconforming use maybe granted only if the Planning Commission is able to make all of the following findings, which shall be in lieu of the findings listed in Section 15-55.070: (1) That the use or stmcture is compatible with the objectives of this Chapter and the purposes of the district in which it is located. (2) That the use or stmetine and the conditions under which it will be continued, will not be detrimental to the public healdr, safety or welfare. (3) That the use or structure, and the conditions under which it will be continued, will be compatible with and not detrimental to the land uses and properties in the surounding area. The use pemilt maybe granted subject to such conditions as the Planning Commission deems necessary or appropriate, including, but not limited to, required improvements or modifications to the property, limitations on hours of operation, limitations on nature of operations, and the eonstruction and dedication of public facilities reasonably related to the continuation of the use. The use permit may either allow the use to be continued indefinitely, or only for a specified period of time, which may extend beyond the termination period otherwise applicable to the use under the provisions of Section 15-65.110. The use pemrit shall also be revocable and subject to the continuing jurisdiction of [he Planning Commission. (b) The Planning Corunission may authorize the continuation of a nonconforming stmcture through the granting of a variance pursuant to Article 15-70 of this Chapter, if all of the findings prescribed therein for such variance can be made. Upon the granting of a variance, the stmcture shall no longer be considered nonconfomilng and shall thereafter be continued hr compliance with such conditions as maybe specified in the variance; provided, however, that any alteration, expansion, enlargement or other modification of such structure shall Dither comply with the regulations of this Chapter or a further variance for such alteration, expansion, enlargement or other modification must be obtained pursuant to Article 15-70. The variance maybe granted subject to such conditions as the Planning Commission deems necessary or appropriate, including, bu[ not limited to, required improvements or modifications to the property, and the constmction and dedication of public facilities reasonably related to the continuation of the structure. The variance may either allow the structure to be continued indefinitely, or only for a specified period of time, which may extend beyond the tertination period otherwise applicable to the structure under the provisions of Section 15-65,110. § 13-63.160 Nonconforming sites. A lawfully created site having an azea, frontage, width or depth less than the minimums prescribed for the district in which the site is loeated may be used for a permitted or conditional use, but shall be subject to all other regulations for the district in which the site is located, except the following: 64 Zoning Code Amendments November 1, 1006 (a) Where the width of a site does not conform with the standard for the district, the minimum width of interior side ,cthacx ai cos. yefds for first floors shall be not less than tan percent of the widdt of Utc silo or six feat, whichever is greater, and the minimum width of an exterior side setback area ~ for first floors of a comer lot shall be not less than twenty percent of the width of the site or fifteen feet, whichever is greater. The second floor setback area for interior and exterior lots shall be increased an additional five feet. (b) Where the depth of the site is less than the standard for the district, the rear setback are^a.yerd shall be twenty percent of the depth of the site or twenty feet, whichever is greater. (c) In the event the setbacks in subsections (a) or (b) of this Section aze determined to be greater than those in the applicable zoning standard, then the zonutg standard shall apply. (Amended by Ord. 71-106 § 11, 1992; Amended by Ord. 216 § 2 (part), 2002) Article 15-90 VARIANCES 15-70.010 Putpose of Article. 15-70.020 Authority to grant variances. 15-70.030 Application for variance; fee. 15-70.040 Investigation and report by Comumnity Develo mcnt Director. 15-70.050 Public heazing by approving authority; notice. 15-70.060 Findings required for granting of variance. 15-70.070 Action by approving authority. 15-70.080 Expiration of variance; extensions. 15-70.090 Revocation of variance. 15-70.100 New application following denial or revocation. 15-70.110 Appeals to City Council. § 15-70.020 Authority to grant variances. (a) The Planning Comrrilssion is designated as the approving authority under this Article with power to grant variances from the regulations prescribed in this Chapter with respect to site area, site frontage, width and depth, and coverage, setbaoks for fronk side_an~, rear setback areas ,allowable floor azea, height of structures, distance between structures, signs, off-street pazking and loading facilities, fences, walls and hedges, and alteration or expansion ofnon-conforming structures, in accordance with the procedures and requirements set forth in this Article. (b) No variance for setbacks shall be required for new main and accessory structures proposed to be built where: (1) The building pad has been graded pursuant to an approved tentative map, recorded final map and approved grading plan, consistent with the final map; or (2) The location of the building site was an important factor in approving the subdivision, as demonstrated by a preponderance of evidence, such as supplemental site development plans, discussion in staff reports or public hearing minutes, applicable environmental documents, adopted Fmdings and a resolution approving the project and in adopted conditions of approval. (3) In the event that new main and accessory stmctures proposed to be built meet the criteria set forth in subsections (b)(1) and (b)(2) of this Section, those setback requirements in effect at the time the tentative map was approved shall apply. The Community Development Director shall determine the applicability of this subsection. The Director's decision shall be subject to appeal pursuant to Section 2-05.030. Relief granted under this subsection does not relieve the project from other applicable requirements of this Chapter. (Amended by Ord. 71.99 § 28, 1991; Ord. 71-106 § 12, 1992; Ord. 71-155 § 1, 1995) § 15-70.030 Application for variance; fee. (a) Applications for a variance shall be filed with the Conununt~ Devclopr~znt 12lan~ng-Director on such form as he shall prescribe. The application shall include the following: 65 Zoning Code Amendments November 1, 2006 (1) Address or description of the property. (2) Statement of dto precise nahue of the variance requested and the practical difficulty or unnecessary physical hardship inconsistent with the objectives of this Chapter which would result from a strict or literal interpretation and enforcement of a specified regulation of this Chapter, together with any other data pertinent to the findings required for the granting of a vaziance, as prescribed in Section 15-70.060. (3) An accurate scale drawing of the site and the surrounding area for a distance of at least five hundred feet from each boundary of the site, showing the locations of streets and property lines and the names and last known addresses of the recorded legal owners of all properties shown on the drawing. (4) An accurate scale drawing of the site, showing the contours at intervals of not more than five feet and existing and proposed locations of sheets, property lines, uses, structures, driveways, pathways, off-street parking and off- streetloading facilities and landscaped areas. (5) A preliminary title report or other evidence showing the applicant to be the owner of the property, or evidence that the applicant is the duly authorized agent of the owner. (b) The application shall be accompanied by the payment of a processing fee, in such amount as established from time to time by resolution of the City Council, together with a deposit of the estimated cost of noticing the public hearing as determined by the (:andmui~iJy_Depelgpmen_l,lilettning-Director. § 15-70.040 Investigation and report by Commuudty Dcvelopmeut 1?ianning-Director. The <'ommunrty_Dc~ clupment_ItlanRing-Director shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the approving authority. Article 15-80 MISCELLANEOUS REGULATIONS AND EXCEPTIONS 15-80.010 Exceptions to setbecl; area yard requirements. 15-80.020 Exceptions to height limitations. 15-80.030 Special rules for accessory uses and structures in residential districts. 15-80.035 Requirements for basements and lightwells. 15-80.040 Undergrounding of public utilities. 15.80.050 Maintenance of landscaped areas. 15-80.060 Storage in unimproved right-of--way prohibited. 15-80.070 Stadiums prohibited in all districts. 15-80.080 Radio and television antennas. 15-80.090 Eazly warning fire alarm system. 15-80.100 Constmction trailers. 15.80.110 Covenants for casements. § 15-80.010 Exceptions to setback,arca yard requirements. (a) Architectural features, including sills, chimneys, weather vanes, cornices and eaves may not extend into a required stde ~tba_,ck aria yam net-more than three feet uuo a required front or rear setba~~ area mote tl at n foul. fret, or into a space between structures on the same site stet-more than eighteen inches„ (b) Aboveground balconies, porches, decks, platforms, stairways and landing places, which are open, unenclosed, uncovered and no part of which is more than four feet above fmish grade, may extend into a required setback area yard or space between buildings not more than four feet. (c) Open, unenclosed and uncovered walks, driveways, parking areas, decks, platforms and patios, which aze not more than eighteen. inches above fmish grade, and fences, walls, hedges and retaining walls, maybe constructed within any required sethuck area yard, subject to other applicable limitations prescribed by this Chapter. (d) Bay windows, ,which are at 66 Zoning Code Amendments November /, 1006 least eiehteen inches above the finished floor 1eve1 may overhang and extend into any required setback,a<ea -yard for a distance not exceeding two feet. (Amended by Ord. 71.91 § 5, 1991 and Ord. 71.86 § 5, 1990; Ord. 71-163 § ] (part), 1996) § 15-80.030 Special rules for accessory uses and structures in residential districts. The following special roles shall apply to certain accessory uses and structures in any A, R-1, HR, R-OS or R-M district: (a) Stables and corrals. Subiect to app oval by the Community Development Director, d+3no stable or corral, whether private or community, shall be located closer than fifty feet from any property line of the site, or closer than fifty feet from any dwelling unit or swimming pool on the site. In the HR district, no stable or corral shall be located closer than fifty feet from any stream and the natural grade of a corral shall not exceed an average slope of fifteen percent. (b) Swimming pools. Subject to approval by the (:onnuwtity Develonment Director I+Ino swimring pool or accessory mechanical equipment shall be located in a required front, side or rear setback ar_ea_yerd, except as follows: (1) A swimming pool and accessory mechanical equipment maybe located within a required rear setback arza_yard, but the water line of the swinnnin~ool maybe no closer than six feet from any property line. Any portion of such swimming pool that is located outside of the rear setback area yard shall comply with the side setback area yard requirements for the site. (2) If the required minimum side setback ar ~a yard is more than ten feet, accessory mechanical equipment may be located within such aide setback _ale,<t yaed, but no closer than tan feat from the side ~ lot_prepe>Fty-line. (c) Recreational courts. Subject to approval by the Counnmtity Development Director, llrecreational courts may be allowed, provided that such recreational courts shall comply with all of the following restrictions, standazds and requirements: (1) The recreational court shall not exceed seven thousand two hundred square feet in azea. (2) The recreational court shall not be illuminated by exterior lighting. (3) No direct opaque screening shall be utilized around any portion of the recreational court. (4) No fencing for a recreational court shall exceed ten feet in height. (5) No recreational court shall be located in a required front yard or aay-required side setback area yard. Such courts maybe located within a required reaz s~ hack_ar~a_yazd, but no closer than fifteen feet from any property line. (6) The natural grade of the area to be covered by the recreational court shall not exceed an average slope often percent, unless a variance is granted pursuant to Article 15-70 of this Chapter. (7) The recreational court shall be landscaped, in accordance with a landscape plan approved by the P-lanning l~ieeetef Communih~ Development Director, so as [o create a complete landscaping buffer from adjoining properties within two years from installation. In addition, a bond, letter of credit or other security, in such amount as determined by the g-BiresteF Conunuuity Development Director, shall be famished to the City to guaranty the installation of the landscaping improvements in accordance with the approved landscaping plan. (8) The recreational court shall be designed and located to minimize adverse impacts upon trees, natural vegetation and topographical features and to avoid damage as a result of drainage, erosion or earth movement. 67 Zoning Code Amendments November 1, 2006 (9) The recreational court shall be designed to preserve the open space qualities of hillsides, creeks, public paths, trails and rights-of--way on or in the vicinity of the site. (d) Enclosed accessory stmctures. No enclosed accessory stmctures shall be located in any required sE~thack ai~,e„ yard of any lot, except as follows: (1) Upon the granting of a use pemilt by the Planning Commission pursuant to Article 15-55, cabanas, garages, carports, recreation rooms, hobby shops and other similar structures maybe located no closer than six feet from the rear property line and shall not exceed eight feet in height, plus one additional foot in height for each three feet of setback from the rear property line in excess of six feet, up to a maximum height often feet if the structure is still located within the required rear srihack arcayerd. (2) Subject to approval by the Community Development Director, garden sheds, structures for housing swimming pool equipment and other enclosed stmctures of a similar nature, not exceeding two hundred fifty square feet in grass floor area, maybe located no closer than six feet from the rear property line and shall not exceed six feet in height, plus one additional foot in height for each additional foot of setback from the rear property line in excess of six feet, up to a maximum height often feet if the stmcture is still located within the required rear set ack area .This subsection shall not apply to any structure intended or used for the keeping of animals. (e) Unenclosed gazden structures. Subject to approval by the Community Development Director, unenclosed gazden, ornamental and decorative sttuctures such as gazebos, lattice work, arbors and fountains, free-standing_fireplaces and Rlay structures maybe located no closer than six feet from a side or reaz property line and shall not exceed eight feet in height, plus one additional foot in height for each additional foot of setback from the side and rear property line in excess of six feet, up to a maximum height often feet if the stmcture is still located within a required side or rear ,aback aicayerd. (f) Solar panels. Subject to approval by the lzlamting-Birester Community Development Director, solar panels not exceeding six feet in height may be located within any portion of a rear etba_ck._area yard. (g) Bazbeques. Subject to approval by the Commmunity Development Director. Ppermanent barbeques, such as those constmcted out of brick or masonry, may be located no closer than six feet from the rear property line and shall not exceed four feet in height. (h) Accessory stmctures in R-M district. Notwithstanding any other provisions of this Section and subject to approval by the Community Develo_pt~tent,Direcu~r, accessory structures not exceeding fourteen feet in height may be located in a required reaz setback area yard inin any R-M district, provided that not more than fifteen percent of the rear setl>agk_arei yard azea shall be covered by stmctures, and provided further, that on a reversed corner lot, an accessory stmcture shall not be located closer to the reaz property line than the required side setback, area yard on the abutting lot and not closer to the exterior side property line than the required front setback area of the abutting lot. (i) Refen•al to Planning Commission. With respect to any accessory stmcture requiring approval by the Community Development Director, as described in subsections (a), (b), (c), (a), (f), (a) and (h) (t1a~;L}-~e}axd-(-Y~ of this Section, the Director may refer the matter to the Planning Commission for action thereon whenever the Director deems such referral to be necessary or appropriate. (j) EXCC:pUOnS to A4editisetierre€xtandards. The Planning Commission shall have authority to grant exceptions tt~ tHedi€y any of the regulations set forth in subsection (a) throurl>~hj (d}{e}{~~er(g) of this Section pertaining to the size, height or required setback of an accessory shvcture in a side or reaz se;hack_a?_za yard, through the granting of a use permit for such accessory structure pursuant to Article 15-55 of this Chapter. (k) Emergency or stand-by generators. No emergency or stand-by generator shall be allowed between the lot line and any required front, side or rear setback areal setback line. All emergency or stand-by generators shall be required to meet all applicable requirements of the City Code including Atticle 7-30 concerning noise. Outside a required front, aide, or rear sethagl;_n~et~d, an emergency or stand-by generator maybe permitted upon the granting of a 6g Zoning Code Amendments November !, 1006 conditional use pemut from the Planning Commission. Any application for such a permit must be accompanied with information from the manufacturer documenting the noise generation characteristics of the generator. A noise assessment study shall be prepared by a qualified Acoustical Consultant for all proposed generators. The noise assessment study shall confum the generator meets all applicable requirements of the City Code including Article 7- 30 concerning noise. This restriction shall not apply to generators for which the owner provides evidence of installation prior to July 1, 2004, provided, however, that removal ofnon-conforming generators maybe required as a condition of approval for any design review application involving expansion or reconstruction of more than fifty peroent of the main dwelling, as descri ed in Articlz 15_45.. (Q Heating, ventilation and air conditioning (HVAC) mechanical equipment. No HVAC mechanical equipment shall be allowed between the lot line and any required front, side or rear yard setback line. HVAC mechanical equipment shall be required to meet all applicable requirements of the City Code including Article 7-30 concerning noise. This restriction shall not apply to HVAC equipment for which the owner provides evidence of installation prior to July 1, 2004, provided however, that removal ofnon-conforming HVAC equipment may be required as a condition of approval for any design review application involving expansion or reconstruction of more than fifty percent of the train dwelling as described in Article 1 ~-45. (Amended by Ord. 71.86, 1990; Ord. 71.98 § 13(a), 1991; Ord. 71.113 (part), 1992; Ord. 71-183 § 1, 1998: Ord. 231 § 2, 2004) § 13-80.033 Requirements for basements and Ilghtwells. The following requirements shall apply to basements in any A, R-1, HR, R-OS or R-M district, with the exception of requirements in subsections (d) and (e) of this Suction, which shall apply to all districts: (a) A basement shall be located entirely beneath the building footprint of an enclosed accessory stmcture and/or the building footprint of the main stmcture, including attached garage, and shall not be located within any required s~[ha~k area yard. (b) A Gghtwell shall not be located within any required setback area and shall not be wider than four feet as detined in S coon 15-06.405. (c) A basement shall be a one level stmeture with a maximum floor to ceiling height of twelve feet. Ploor, in this case, means funshed floor, and ceiling means the bottom level of the ceiling framing members. (d) AA proposed basements and additions to basements shall obtain geotechnical cleazance. The applicant shall submit to the Planning Deparhnent a geelegie-and-geotechnical report prepared by a and registered geotechnical engineer or registered civil e~ineer with competence in geotechnical investieatiou and delig t. 7.his T7ie-geelegis report shall include an analysis of seasonal ¢roundwater conditions potentials impacting the PJect and design recommendations for auy appropriate measures to address_subsw-Face water.grepared-by-e `fhe GeotechnicaL Consultantshall acadcLess the potential need for substantial sump Pump-operation. requirements where erolm_dwater is antic~ated to rise above the basement floor, huomoration of'subdrain s stems beneath basement floors and appropriate waferproof~ measures shall be considered drrin " p~ reparation of eeotechnieal design criteria for basements. (e) Applicant shall submit to the Planning Deparnnent a grading and drainage plan stamped and signed by a registered civil engineer. Water collected from a basement shall either be transported to a neazby city storm drain inlet or to another drainage facility. The method of drainage shall be reviewed and approved by the Community Development Director .Disposition and treatment of on-site storm water shall be 69 Zoning Code Amendments November I, 2006 consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program (NPDES ~e uirerrZents). The size of a proposed basement may be limited based on drainage issues or issues raised in the geologic and geotechnical reports. (Ord. 209 § 2 (part), 2002; Ord. 229 § 2 (part), 2004) § 15-80.050 Maintenance of landscaped areas. A landscaped azea provided in compliance with the regulations of this Chapter or as a condition of any use permit, variance, design review or other approval granted hereunder, shall be planted with materials suitable for screening or ornamenting the site, whichever is appropriate, and plant materials shall be replaced as needed to screen or ornament the site. Landscaped azeas shall be watered, weeded, pruned, fertilized, sprayed or otherwise maintained by the owner as maybe prescribed by the Convuuuifi Davel~ment P}aaning-Director. § 15-80.080 Radio and television antennas. (a) Definitions. For the purposes of this Section, the following words and phrases shall have the meanings respectively ascribed to them in this subsection, unless the context or the provision clearly requires otherwise: (1) Antenna means say system of wirers, poles, rods, reflecting discs or similar devices used for the reception or transmission of electromagnetic waves which system is attaehed affixed to an antenna support structure or atteshed affixed to the exterior of any building. The term includes devices having active elements extending in any drrection, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom which maybe mounted upon and rotated through a vertical mast, tower or other antenna support structure. (2) Antenna support structure means any mast, tower, tripod or other structure utilized for the purpose of supporting one or more antennas. (3) Licensed amateur radio station antenna means an antenna owned and utilized by a federally licensed amateur radio operator. (4) Satellite dish antenna means any dish-shaped antenna designed to receive and/or send satellite signals for the purpose of television or radio reception, or other telemetry communication, having a diameter greater than three feet. (b) Limitation on number. Not more than one ground-mounted antenna support stmcture for a licensed amateur radio station antenna and not more than one satellite dish antenna shall be permitted on each site; provided, however, that upon the granting of a use permit pursuant to Article 1353 of this Chapter, a second ground-mounted antenna support structure for a licensed amateur radio station antenna maybe allowed where: (1) The site is one acre or greater in size; (2) The height of each antenna does not exceed fifty-five feet; and (3) The Planning Commission fmds, m addition to the findings required under Section 13-33.070, that by reason of the size, topography, landscaping or other special characteristics of the site, the installation of two antenna support structures having a height below the limit prescribed in subsection (e)(3) of this Section will mitigate the visual impact upon adjacent properties and public rights-of--way to a greater extent than the installation of a single antenna support structure. (c) Building permit required. A building permit shall be required for the installation or construction of any satellite dish antenna or any ground-mounted antenna support stmcture in excess of thirty feet in height. No such permit shall be issued unless the antenna and the support structure comply with the regulations set forth in this Section. Applications for a building permit shall be made upon such form prescribed by the City and shall be accompanied by the following items: (1) Type and description of the antenna and its support structure, including size, shape, height and color. (2) Plot plan showing the location of the antenna and its support structure on the site, including distance from structwes, property lines, street lines, setback lines and exposed utility lines. (3) Construction drawings showing the proposed method of installation. (4) Manufacturer's specifications for the antenna support stmcture and installation requirements, including footings, guy wires and braces. (3) Copy of FCC license, if the application is for a licensed amateur radio station antenna. (d) Location requirements. Except as otherwise specified herein, antenna support structures may be roof or ground- mounted, free standing or supported by guy wires, buildings or other structures. A support structure shall be considered ground-mounted if its base is mounted directly in the ground, even if the structure is supported or 7Q Zoning Code Amendments Nvvem6er t, 2006 atteslte8 affix. to the wall of a building. All antennas and support structures shall be located an a site in compliance with the following standards: (1) No antenna or support structure shall be located within any required 1'ro_ nt side or rear setback are t>rr~, except that guy wires and antenna arrays may extend into a required side or rear sethuck~rrea yard but may not extend over property lines or street lines. (2) No antenna support structure shall be located closer to any property line or street line than a distance equal to one-half of the height of the antenna support structure. (3) No satellite dish antenna shall be roof-mounted. (4) Ground-mounted antenna support structures shall be located to the rear of the main structure on the site, unless otherwise approved by the City based upon a finding that the alternative location will more effectively reduce the visual impact of the antenna and its support structure upon adjacent properties and public rights•of--way. (e) Height restrictions. Antenna height shall mean the overall vertical length of the antenna support structure and the antenna mounted thereon, including any length to which the antenna support structure is capable of being raised, as measured from the peak of the roof with respect to aroof-mounted antenna, or from the natural grade or finished gradq whichever is lower, with respect to aground-mounted antenna. All antennas shall comply with the following height restrictions: (1)Roof-mounted antennas shall not exceed fifteen feet in height above the peak of the roof, except that a single vertical pole or whip antenna which is not supported by guy wires maybe erected to a height of thirty feet above the peak of the roof. (2) Satellite dish antennas shall not exceed six feet in height plus one additional foot in height for each additional three feet of setback from the lotyard line or lines adjacent to the antenna, up to a maximum height often feet. (3) Ground-mounted antennas, other than satellite dish antennas, shall not exceed thirty feet in height, except that licensed amateur radio station antennas maybe erected to a height of sixty-five feet. (f) Installation requirements. Every antenna and its support structure shall be constructed, installed and maintained in accordance with the manufacturer's specifications and incompliance with the Uniform Building Code and National Electrical Code as adopted by the City, and in accordance with the following additional requirements: (1) The antenna support structure shall be of noncombustible and corrosive-resistant material. (2) Satellite dish antennas shall be self-supporting without guy wires. (3) Whenever it is necessary to install an antenna near exposed utility lines, or where any property damage would be caused by the falling of the antenna support structure, a separate guy wire must be atiaelsed affixed to the antenna or the support structure and secured in a direction away from the hazard. Exposed antenna transmission lines and guy wires shall be kept at least six feet distant from any exposed utility lines. (4) The antenna shall be adequately grounded for protection against a direct strike of lightning. (g) Mitigation of visual impact. Antennas and their support structures, including guy wires and accessory equipment, shall be located on the site and screened as much as possible by architectural features, fences or landscaping to m;nimi~e the visual impact of the antenna and its support structure upon adjacent properties and public rights-of- way. The materials used in constructing the antenna and its support structure shell not be unnecessarily bright, shiny or reflective. Conditions may be imposed upon the issuance of a building or use permit to mitigate the anticipated visual impact of the proposed antenna installation. (h) Existing antennas. This Section shall not apply to any satellite dish antenna lawfully installed prior to November 1, 1985, or any licensed amateur radio station antenna lawfully installed prior to May 21, 1986. Such antennas shall be allowed to remain as originally installed and shall not be considered nonconforming structures, but any relocation or increase in the size or height thereof shall be subject to the provisions of this Section. Any person claiming an exemption shall have the burden of proving that the antenna was lawfully installed prior to the applicable date specified herein. (i) Variances. The Planning Commission shall have authority to grant a variance from any of the regulations contained in this Section pursuant to Article 15-70 of this Chapter. In addition to the findings prescribed in Section 15-70.060, the Planning Commission shall also fmd that the vaziance is required 6y reason of physical obstructions which adversely affect proper reception or transmission by the antenna. § 15-80.090 Early warning fire alarm system. (a) Findings and purpose. The City Council finds and deterntinea as follows: (1) Utilization of currant technology in the detection and warning of fire will significantly enhance the level ofprotecfion 7 j Zoning Code Amendments November 1, 2006 from such hazard while at the same time maximizing the effectiveness of existing equipment and facihties for emergency responses. (2) Certain areas of the City have been designated as hazardous fire areas, which aze defined as any land covered with grass, grain, brush or forest which is so situated or is of such inaccessible location, that a fire originating upon such land would present an abnormally difficult job of suppression or would result in great and unusual damage through fue or resulting erosion. The response time of emergency equipment to calls for aid in the hazardous fire areas is impaired due to the non-availability of access to some portions of such areas, the existence of steep, narrow streets and roadways located in such areas, the lack of connecting streets and roadways in such azeas, and the unusual topography of such areas. Further, the presence of heavy vegetation in the hazardous fire azeas increases the potential for the rapid spread of any fire which may start in such areas, particularly during seasonal dry spells. (3) A substantial portion of the new single-family dwellings being constructed in the City aze larger structures, typically in excess of five thousand square feetwiththree-car garages. By reason of their size, a fire in these structures canbe more difficult to extinguish. (4) The risk of fire to persons and property within multi-family dwellings and structures containing multiple sleeping units is proportionately greater because of the higher density of occupants. Immediate warning of fue and notification to the fire district of the existence and location of fire will serve to reduce the possibility of death, injury and property damage. (5) Because commercial buildings and community facilities are public gathering places, the public health and safety risks of fire aze particularly acute. Immediate warning of fire and notification to the fire district of the existence and location of fire will serve to reduce the possibility of death, injury and property damage in these structures. (6) The public safety and welfare may necessitate installation of an eazly warning fire alarm system in a commercial structure or community facility, depending upon the facts and circumstances to be evaluated by the Pire Chief in each individual case. (7) It is the goal and policy of dte Ciry, as set forth in the Safety Element of dte General Plan, to require installation of an early warning fue alarm system as hereinafter provided in this Section. The purpose of this Section is to implement such goal and policy. (b) Mandatory requirement for installation of alarm system. As a condition for the granting of designreview approval or a use permit or variance under this Chapter, the approving authority shall require the installation of an early warning fire alarm system in accordance with Article 16-60 in Chapter 16 of this Code, and the connection of such system to a monitoring station in such manner as maybe specified by the Sazatoga Fire District, in each of the following cases: (1) All new single-family dwellings, commercial structures and community facilities located within a designated hazardous fire area. (2) Any existing single family dwelling, commercial structure or community facility which is expanded by fifty percent or more in grass floor azea and is located within a designated hazardous fire area. (3) All new single-family dwellings, commercial sttvetures and community facilities having a grass floor area in excess of five thousand square feat. (4) Any existing single-family dwelling, commercial structure or community facility which is expanded by fifty percent or more in grass floor area which, after such expansion, will exceed five thousand square feet is grass floor area. (5) All new multi-family dwellings and other new structures having multiple sleeping units including, but not limited to, hotels, motels, apartments, condominiums or other community housing projects, institutional facilities, townhouses and nursing homes. (6) Any existing multi-family dwelling or other structure having multiple sleeping units such as described in subsection (5) above, which is expanded by fifty percent or more in grass floor area. (c) Discretionary requirement for certain commercial structures and community facilites. Where an existing commercial structure or community facility is remodeled or the use thereof is changed, and such commercial structure or community facility either. (i) has a grass floor area in excess of five thousand square feet, or (ii) regardless of size, is located within a designated hazardous fire area, then the Chief of the Fire District having jurisdiction over the project, may require the installation of an eazly waming fire alarm system in accordance with Article 16-60 in Chapter 16 of this Code, and the connection of such system to a monitoring station in such manner as maybe specified by the Sazatoga Fire District. If the requirement to install an alarm system in imposed, it shall be made a condition of the design review approval or use permit or variance under this Chapter. The determination by the fire chief shall be based upon any one or more of the following considerations: (1) An occupant load increase of fifty percent or more. 7~ Zoning Code Amendments November 1, 1006 (2) New commercial cooking operations. (3) Hazardous materials storage for which a permit is required. (4) The principal use involves the care or supervision of building occupants such as day care facilities for children or senior citizens. (d) Determination of grass floor area and fifty percent expansion. (1) As used in this Section, the term "commercial structure" includes, but is not limited to, office buildings, retail stores, restaurants, repair shops, and industrial buildings, and the term "community facility" includes, but is not limited to, schools, theatres, churches, meeting halls and conference centers. (2) The determination of grass floor area is as defined in this Chapter, and (3) For the purposes of this Section, any expansion shall be considered as equaling or exceeding the fifty percent limit where the work of construction or improvement is done at different time intervals requiring two or more building permits, within a period of five years after completion of the fast improvement, where although each is for a project encompassing an expansion of less than fifty percent of increased floor area, but when combined with other expansions during the five year period of time increase the amount of grass floor area of the structure by fifty percent or more of that amount which existed immediately prior to the commencement of the first of the several expansions. § 15-80.100 Construction trailers. (a) No construction trailer shall be placed upon any site without first obtaining a permit to do so issued by the Community Ue~ elo~~mcut g}eni~g-Director pursuant to this Section. (b) The Community Development hleuruag-Director shall have authority to issue a permit for the temporary placement of one or more trailers on the site of a construction project for use by the owner or contractors actively engaged in the performance or supervision of the construction work. The number and location of such trailers shall be determined by the C'i?nununtlv Develonment glauning-Director and the permit maybe issued subject to any conditions which the Director deems necessary or appropriate. No trailer maybe placed upon a site until the commencement of construction and all trailers shall be removed immediately upon completion of the project, or at such earlier time as maybe specified by the Conununity Development }ilantring-Director. § 15-85.030 Application for amendment; fee. (a) Application for a change in the boundaries of a district or reclassification shall be filed by the owner or owners of the affected property with the (unlmmli~ Degeh~ptneot Plaeurietg-Director on such form as he shall prescribe. The application shall include the following: (1) Address or description of the property and the intended use if the district boundaries are changed or the property is reclassified as requested in the application. (2) An accurate scale drawing of the site and the surrounding area for a distance of at least five hundred feet from each boundary of the site, showing the location of sheets and property lines and the names and addresses of the owners of all the properties shown on the drawing as such names appear on the latest available assessment roll of the County. (3) A preliminary title report or other evidence showing the applicant to be the owner of the property, or evidence that the applicant is the duly authorized agent of the owner. (b) The application shall be accompanied by the payment of a processing fee in such amount as established from time to time by resolution of the City Council, together with a deposit of the estimated cost of noticing the public hearing as determined by the (ommwti~ f kv el~pment_lg-Director. Article 15-85 AMENDMENTS TO ZONING MAP AND ZONING REGULATIONS 15-85.010 General provision. 15-85.020 Initiation of amendment. 15-85.030 Application for amendment; fee. 15-85.040 Investigation and report by C'omnmmh Dc~ v lopmt;;nt_Iing-Director. 73 Zoning Code Amendments November 1, 2006 15.85.050 Public hearing by Planning Commission; notice. 15.83.060 Recommendation by Planning Commission. 15-85.070 Public hearing by City Council; notice. 15-85.080 Action by City Council. 15-85.090 Conditional reclassification. 15-85.100 New application after denial. 15-85.1 ] 0 Prezoning; annexed territory. § 15-85.040 Investigation and report by Comrnmtity Development FlanxingDirector. The (;_ommnnnc_pc~ clopment ;?iennarg-Dtrector shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the Planning Commission. § 15-85.060 Recommendation by Planning Commission. (a) Following the conclusion of the public hearing, the Planning Conmtission shall determine whether the proposed amendment should be adopted. The Commission shall transmit its recommendation to the City Council, in writing, together with a copy of the application, if any, and the documents submitted in connection therewith, the report to the Commission from the Conmtm»ty Development I:lannitrg-Director, the minutes of proceedings conducted by the Commission and the resolution and fmdings, if any, adopted by the Commission with respect to the proposed amendment. (b) The Planning Comtission may recommend that an application be granted subject to conditions, including a conditional reclassification as provided in Section 15-83.090 of this Article. No further public hearing shall be required with respect to any subsequent determination as to whether such conditions have been satisfied. § 15-90.080 Time limitation for judicial review. Any action or proceeding to attack, review, set aside, void or annul a decision of the Planning Commission or City Council made pursuant to any provision of this Chapter, or any of the proceedings, acts or determinations taken, done or made prior to such decision, or to detemtine the reasonableness, legality or validity of any condition attached thereto, shall be commenced within ninety days after the date of such decision and service of summons shall be effected within nines ene-hund}~ed-EivettEy days after the date of such decision. Article 15-95 VIOLATIONS AND ENFORCEMENT 15-95.010 Pemtits, certificates and licenses. 15-95.020 Duties of C~crmmunit~__I)evelo~ieni_i:lerintng-Director. 15-95.030 Violations as constituting misdemeanor or infraction offense; penalties. § 15-95.020 Duties of Commmtity DevelonmenC F~enningDirector. The Conumwity Devel~ment ~-Director shall be the ofi-icial responsible for the enforcement of this Chapter. In the discharge of this duty, the (;om~nunuy Deg elnTment hlatsAing-Dtreotor shall have tho right to enter on any site or to enter any strncture for the purpose of investigation and inspection; provided, that the right of entry shall be exercised only at reasonable hours, and that, in no case, shall any structure be entered in the absence of the owner or tenant without the written order of a court of competent jurisdiction. The Co~mtwniiy_D~yel~nent hlenr>rttg Director may serve notice requiring the removal of any stmcture or use in violation of this Chapter on the owner or his authorized agent, on a tenant, or on an architect, builder, contractor or other person who commits or participates in any violation. The Community I),cyz]~rpaa)~nt ~-Duector may call upon the City Attorney to institute necessary legal proceedings [o enforce the provisions of this Chapter, and the City Attorney hereby is authorized to '74 Zoning Code Amendments November 1, ,2006 institute appropriate aetlons to that end. The Conunnnity D_yelo~ne,ut,izla~g-Diroctor may call upon the Community Service Officers to assist in the enforcement of this Chapter, and such Community Service Officors shall have concurrent authority to enforce any regulation of this Chapter as provided in Section 3-05.070 of this Code. § 16-60.010 Application of Article; requirement for installation of alarm system (a) Where installation of an early warning fire alarm system is required under the safety element of the General Plan or any provision of this Code, including Section 14-25.110 of the Subdivision Ordinance or Section 15-80.090 of the Zoning Ordinance, or this Article, such early warning fire alarm system shall be installed, operated, and maintained in accordance with the provisions of this Article. (b) Where a proposed development does not require any form of pemilt or approval to be granted under the Subdivision Ordinance or the Zoning Ordinance, installation of an early warning fire alarm system in accordance with the provisions of this Article shall be required as a condition for the granting of any building or other permit under this Chapter 16 in each of the following cases: (1) All new single-family dwellings, commercial stmctures and community facilities located within a designated hazardous fue area. (2) Any existing single family dwelling, commercial stmcture or community facility which is expandedby fiftypercent or more in grass floor area and is located within a designated hazardous fire area. (3) All new single-family dwellings, cormnercial stmctures and community facilities having a grass floor area in excess of five thousand square feet. (4) Any existing single-family dwelling, commercial structure or community facility which is expanded by fifty percent or more in gross floor area which, after such expansion, will exceed five thousand square feet in grass floor area. (5) All new multi-family dwellings and other new structures having multiple sleeping units including, but not limited to, hotels, motels, apartments, condominiums or other community housing projects, institutional facilities, townhouses and nursing homes. (6) Any existing multi-family dwelling or other structure having multiple sleeping units such as described in subsection (5) above, which is expanded by fifty percent or more in grass floor area. (7) When required by the Chief of the Fire District having jurisdiction over the project, an early warning fire alarm system shall be installed in an existing commercial structure or community facility which is remodeled or the use thereof is changed, and such commercial structure or community facility either. (i) has a grass floor area in excess of five thousand square feet, or (ii) regardless of size, is located within a designated hazardous fue area. The determination by the fire chief shall be based upon any one or more of the following considerations: (i) An occupant load increase of fifty percent or more. (ii) New commercial cooking operations. (iii) Hazardous materials storage for which a permit is required. (iv) The principal use involves the Data or supervision of building occupants. As used in this Section, the term "commercial structure" includes, but is not limited to, office buildings, retail stores, restaurants, repair shops, and industrial buildings, and the term "community facility" includes, but is not limited to, schools, theatres, churches, meeting halls and conference centers. The detenniuation of floor area is as described in Chanter l5. For the purposes of this Section, any expansion shall be considered as equaling or exceeding the fiftypercent limit where the work of construction or improvement is done at different time intervals requiring two or more building permits, within a period of five years after completion of the first improvement, where although each is for a project encompassing an expansion of less than fifty percent of increased floor area, but when combined with other expansions during the five yeaz period of time increase the amount of grass floor area of the structure by fifty percent or more of that amount which existed immediately prior to the commencement of the first of the several expansions. § 16-71.010 Definitions. For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to 75 Zoning Code Amendments November !, 1006 them in this Section, unless the context or the provision clearly requires otherwise: (a) Business means any activity for which a business license is raqutred under Chapter 4, Article Q-OS of this Code, except a business eonducted within a single family dwelling as a home occupation. (b) Change of use means any change in the chazacter or use of a stmcture that would place the building in a different division of the same group of occupancy under the Uniform Building Code or in a different group of occupancies under said Code. (c) Single family dwelling means a detached dwelling unit, or a condominium or townhouse unit, which is separately owned and intended for occupancy by one family. A site containing a single family dwelling as the main atmcture thereon and second dwelline unit , shall be treated as a single family dwelling for purposes of this Article. (d) Transfer of ownership, as applied to real property or a business, means any conveyance, assignment, or other transfer, by any means, of more than fifty percent of the equitable ownership interest in dte real property or business. § 16-71.010 Definitions. For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them in this Section, unless the context or the provision clearly requires otherwise: (a) Business means any activity for which a business license is required under Chapter 4, Article 4-OS of this Code, except a business conducted within a single family dwelling as a home occupation. (b) Change of use means any change in the character or use of a stmcture that would place the building in a different division of the same group of occupancy under the Uniform Building Code or in a different group of occupancies under said Code. (c) Single family dwelling means a detached dwelling unit, or a condominium or townhouse unit, which is sepazately owned and intended for occupancy by one family. A site containing a single family dwelling as the main structure thereon and second dwelline unit , shall be Heated as a single family dwelling for purposes of this Article. (d) Transfer of ownership, as applied to real property or a business, means any conveyance, assignment, or other transfer, by any means, of more than fifty percent of the equitable ownership interest in the real property or business. '7( Zoning Code Amendments November /, 2006 AI'PENllIX.~ "I'O't1iELONING COllE: REF`ERk:NC~ llOCIiMEN"C'S Reference is made to the followine documents, copies~f which have been filed hereht, which documents are harebv ado ted an inco orated herein by reference, touether with unv amendments thereto: ~~_.__ So_ur~e describi~ soils classiYications 77 Zoning Code Amendments