HomeMy WebLinkAboutOrdinance 230 -Amending Zoning code in Mixed Use devlopmentORDINANCE 230
AN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF
SARATOGA CONCERNING MIXED USE DEVELOPMENT STANDARDS IN
ALL COMMERCIAL AND PROFESSIONAL OFFICE ZONED DISTRICTS
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
Section 1. Findings.
The City Council finds and declares as following:
A. The Ordinance is needed to comply with program 1.2 of the adopted Housing
Element of the General Plan, which states, "That the City will adopt a Zoning Code
amendment to implement a residential mixed-use overlay zone that applies to all
commercial zones within the City of Saratoga."
B. The Planning Commission has conducted a public hearing to consider
amendments to the zoning code with respect to Mixed Use Development
Standards on February 25, 2004
C. This ordinance amends the City Code to provide Standards for the development
of Mixed Use projects in all of the Commercial and Professional Office Zoned
Districts of the City of Saratoga.
D. That the proposed Zoning Code aznendments will not be detrimental to the public health,
safety or welfare, nor be materially injurious to the properties or improvements in the City
of Saratoga in that the Development Standazds have been crafted to avoid such injuries.
Section 2. Adoption.
15-18.030 Conditional Uses:
The following conditional uses may be allowed in a P-A district, upon the
granting of a use permit pursuant to Article 15-55 of this Chapter:
(a) Accessory structures and uses located on the same site as a conditional use.
(b) Community facilities.
(c) Institutional facilities.
(d) Police and fire stations and other public buildings, structures and facilities.
(e) Religious and charitable institutions.
(f) Nursing homes and day care facilities.
(g) Public utility and public service pumping stations, power stations, drainage
ways and structures, storage tanks and transmission lines.
(h) Mixed Use Developments conforming to the Mixed Use Design Standards
found in Article 15-58
(i) Bed and breakfast establishments.
(j) Antenna facilities operated by a public utility for transmitting and receiving
cellular telephone and other wireless communications. (Amended by Ord. 71.91 ~
2, 1991; Ord. 71-163 § 1 (part), 1996)
15-19.030 C-N district regulations:
(a) Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a)
of this Article, the following permitted uses shall also be allowed in a C-N district:
(1) Professional and administrative offices.
(2) Financial institutions.
(3) Religious and charitable institutions.
(4) 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 iWidth (Depth ~
- -~ -
-----
60 feet 60 feet 100 feet
(e) Coverage. The maximum net site area covered by structures on any lot in a C-
Ndistrict shall be sixty percent.
(f) Front yard. The minimum front yard 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 yard
shall be fifteen feet.
(g) Side and rear yards. No side or rear yard shall be required for any lot in a C-N
district, subject to the following exceptions:
(1) On a reversed corner lot abutting a lot in an A, R-1, or HR district, the
minimum exterior side yard shall be not less than one-half of the required front
yard 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 yard or rear yard 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 yard or rear yard adjacent to such street or alley shall be ten feet.
Where a side or rear yard is required under any of the foregoing provisions, one
foot shall be added to the required yard for each one foot of height or fraction
thereof by which a structure within thirty feet of the lot line for such yard exceeds
fourteen feet in height.
(h) Height of structures. The maximum height of any structure 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 structure, except for off-street parking and
loading, gasoline service stations, outdoor dining, nurseries, garden 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 materials shall permanently be maintained by the
owner or occupant of the site.
(k) Alternative standards for multi-family dwellings. Notwithstanding any other
provisions of this Section, where multifamily 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)
15-19.040 C-V district regulations:
(a) Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a)
of this Article, the following permitted uses shall also be allowed in a C-V district:
(1) Professional and administrative offices.
(2) Financial institutions.
(b) Conditional uses. In addition to the conditional uses listed in Section 15-
19.020(b) of this Article, the following conditional uses may also be allowed in a
C-V district, upon the granting of a use permit pursuant to Article 15-55 of this
Chapter:
(1) Religious and charitable institutions.
(2) Mixed Use Developments 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 structure.
(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 _ _De_th
~_ P 'I
'I -
I
60 feet 60 feet 100 feet
(e) Coverage. The maximum net site area covered by structures on any lot in a C-
Vdistrict shall be sixty percent.
(f7 Front yard. The minimum front yard 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 yard
shall be fifteen feet.
(g) Side and rear yard. The minimum side yards of any lot in a C-V district shall
be ten feet and the minimum rear yard 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 yard 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 yard exceeds fourteen feet in height.
(2) One foot shall be added to the minimum rear yard for each one-foot of height
or fraction thereof by which a portion of a structure within sixty feet of the rear lot
line for such yard exceeds fourteen feet in height.
(3) On a corner lot, the minimum exterior side yard shall be twenty feet.
(h) Height of structures. The maximum height of any structure 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 structure shall be screened
by a solid wall or fence, vine-covered fence or compact evergreen hedge (with
solid gates where necessary) not less than six feet in height. This requirement shall
not apply to off-street parking and loading areas, gasoline service stations,
outdoor dining areas, nurseries, garden shops, and Christmas tree and pumpkin
sales lots.
(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) 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)
15-19.050 C-H district regulations:
(a) Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a)
of this Article, the following permitted uses shall also be allowed in the CH-1 and
CH-2 districts:
(1) Professional, administrative and medical offices and financial institutions,
when located either above the street level or at the street level if separated from
the street frontage by a retail or service establishment.
(2) DELETED
(b) Conditional uses. In addition to the conditional uses listed in Section 15-
19.020(b) of this Article, the following conditional uses may also be allowed in the
CH-1 and CH-2 districts, upon the granting of a use permit pursuant to Article 15-
55 of this Chapter:
(1) Professional, administrative and medical offices and financial institutions,
when located at street level and having street frontage.
(2) Theaters.
(3) Religious and charitable institutions.
(4) Mixed Use Developments conforming to the Design Standards found in Article
15-58.
(c) Site area. The minimum net site area in each C-H district shall be as follows:
(District
et Site Area
NCH-1 _
sq. ft.
',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 __
__.
---- _-
~-
~ I
~
-----
__
__
NCH-1
~50 ft.
-
50 ft.
100 ft.
--
-
~CH-2 50 ft. _
50 ft. 100 ft.
(e) Coverage; pedestrian open space.
(1) In the CH-1 district, the maximum net site area covered by structures shall be
eighty percent, except that up to one hundred percent of the site may be covered
by structures if, for any structure coverage in excess of eighty percent, an
equivalent area on the site is devoted to pedestrian open space.
(2) In the CH-2 district, the maximum net site area covered by structures shall be
sixty percent. In addition, an area equivalent to not less than twenty percent of the
net site area shall be devoted to pedestrian open space. All or any portion of the
required front yard may be used for pedestrian open space.
(3) The term "pedestrian open space," as used in subsections (e)(1) and (2) of this
Section, means common areas open to the public where pedestrians may walk or
gather, such as plazas and arcades, which are designed to be visible and accessible
to pedestrians on streets, sidewalks and parking facilities adjacent to the site.
(f) Front yard. No front yard shall be required in the CH-1 district. The minimum
front yard of any lot in the CH-2 district shall be fifteen feet.
(g) Side yards. No side yards shall be required in either the CH-1 or CH-2 district.
(h) Rear yard. No rear yard shall be required in the CH-1 district. No rear 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 rear lot line of any lot in the CH-2 district abuts an A, R-1, HR, or R-M
district, the minimum rear yard shall be thirty feet, plus one foot for each two feet
of height or fraction thereof by which a portion of a structure within sixty feet of
the rear lot line for such 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
----~-
'i I
(CH-1 35 feet. No portion of a structure
facing Big Basin Way shall exceed
two stories, and no portion of a
structure facing Saratoga Creek shall
'exceed three stories.
NCH-2 26 feet. No structure shall exceed
two stories.
(j) Enclosure of uses. All permitted and conditional uses shall be conducted
entirely within a completely enclosed structure, except for off-street parking and
loading, gasoline service stations, garden shops and outdoor dining.
(1) Modification of standards for historic structures. The Planning Commission
shall have authority to modify any of the development standards contained in this
Section, without the granting of a variance, if the subject of the application is a
structure, which has been designated as a historic landmark pursuant to Article
13-15 of this Code, and the Planning Commission finds and determines that:
(1) The modification will facilitate preservation of the historic structure; and
(2) The application and the proposed modification have been reviewed and
approved by the City's Heritage Commission; and
(3) The modification will not be detrimental to the use and enjoyment of other
properties in the vicinity; and
(4) The modification will not adversely affect the movement of vehicular and
pedestrian traffic, or the availability of on-street parking, and will not create a
hazard to the public safety. (Amended by Ord. 71-108 ~ 1, 1992; Ord. 71.113 (part),
1992)
Article 15-21 DELETED
Article 15-58 MIXED USE DEVELOPMENT STANDARDS:
15-58 MIXED-USE DEVELOPMENT STANDARDS
15-58.010 Purposes of Article
The purpose of the mixed-use development standards is the implementation of
Program 1.1 of the Housing Element of the General Plan. The goal is to implement this
Housing Program in a consistent manner through out the various commercial and office
zoned districts of the City. It is further the goal of these standards to protect existing
and future commercial development.
15-58.020 Development Standards
(a) The maximum density is twenty (20) dwellings per net acre.
(b) The dwelling unit(s) shall be located either on the second floor or at the rear of
the parcel.
(c) The dwelling unit(s) shall not comprise more than fifty (50%) percent of the total
floor area of all buildings on the site. The maximum floor area allowed may be
increased by 10% for projects providing below market rate rental housing
(d) Parking for both the non-residential and the dwelling unit(s) shall be as specified
in the Zoning Ordinance, provided that the Planning Commission may consider
shared parking in some cases.
(e) Perimeter fencing shall be required to the maximum height allowed in the
Zoning Ordinance.
(f) Each dwelling shall have private, usable outdoor space, i.e. decks, balconies,
yards or patios.
(g) The maximum height of a mixed-use structure shall be 26-feet. Structures that
are solely non-residential on a site that has mixed use, the maximum height is as
is it is stated in the underlying zoning.
(h) The design of mixed-use projects will be required to conform to the policies and
techniques of the Residential Design Handbook and any other design standards
in place for the area of application.
(i) Overall site coverage may be increased up to 10% for projects containing deed
restricted below market rate housing units.
(j) Mixed-use projects shall have sound walls and landscape screening in order to
protect the privacy and quality of life of abutting single-family residential lands
uses.
(k) The residential component of a mixed-use project shall be rental. The individual
dwelling units shall range in size from 850 sq. ft. for 1-bedrooms units to 1,250
sq. ft. for 3-bedroom units sequent mixed-use development.
(1) Projects with multiple stories shall be reviewed to ensure that design features
such as setbacks and window placement provide adequate privacy protection.
(m) Non-residential structures or parcels created or developed as part of a previous
Mixed-Use Development or multi-family development may not be redeveloped
as a Mixed-Use Development at a greater density or intensity of use.
(n) Smaller Mixed-Use projects (20 or fewer dwelling units) must pay an in lieu fee
for park construction.
(o) In larger Mixed-Use projects (more that 20 dwelling units) either the developer
must pay an in lieu fee for park construction or construct common, useable open
space on site at the discretion of the Planning Commission based on the vicinity
of existing public parks.
Section 3. 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 is held invalid, the City Council declares that it would have adopted
the remaining provisions of this ordinance irrespective of the portion held invalid,
and further declares its express intent that the remaining portions of this ordinance
should remain in effect after the invalid portion has been eliminated.
Section 4. 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 read at the regular meeting of the
City Council of the City of Saratoga held on the 7TH day of April, 2004, and was
adopted by the following vote following a second reading on the 21st day of April,
2004:
AYES: Councilmembers Stan Bogosian, Norman Kline, Nick Streit,
Vice Mayor Kathleen King, Mayor Ann Waltonsmith
NOES: None
ABSENT: None
ABSTAIN: None
j -
ANN WALTONSMITH, MAYOR
ATT ST:
CAT N BOY CLERK
APPROVED AS TO FORM:
RICHARD TAYLOR, CITY ATTORNEY