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HomeMy WebLinkAbout71.27 ORDINANCE NO. 71.27 AN ORDINANCE OF THE GrrY OF SARATOGA AMENDING THE CrrY CODE TO ABOLISH THE .~rrl~ HEVIEW COMMrFTEE AND ELIMINATE THE AUTHORITY DELEGATED TO SAIrJ COMMrrrEE, TO AMEND THE DEFINrFIONS OF GROSS FLOOR AEEA AND MULTI-STORY STRUCTURE, TO REDUCE THE HEIGHT LIMIT FOR SINGLE FAMILY DWELLINGS AND ACCESSORY STRUCTURI~,q IN RI~IDENTIAL DISTRICTS, TO MODII?Y THE STANDARDS AND PROCEDURES FOR DESIGN REVIEW OF SINGLE FAMILY DWELLINGS AND ACC~ORY STRUCTURES IN RESIDENTIAL DISTRICTS, AND TO MODIFY THE PROVISIONS CONCERNING ISSUANCE OF GRADING PERMITS The City Council of the City of Saratoga hereby ordains as follows: SECTION h Article 2-16 of the City Code, entitled "Site Review Committee," is hereby repealed, including each and every Section thereof. SECTION 2: Section 14-05.040 in Article 14-05 of the City Code is amended to read as follows: "S14-05.,040 Designation of advisor~ agene~ (a) The Planning Commission is hereby designated as the advisory agency for all decisions and determinations under this Chapter. (b) There is hereby delegated to the advisory agency the power to approve, conditionally approve or disapprove tentative maps and building sites, together with extensions and modifications thereof, the power to determine consistency or lack of consistency of a p~oposed tentative map or building site with the General Plan and any applicable specific plan, and without limitiug the foregoing, the power to make the determinations prescribed in Sections 66473.5, 66474 and 66474.6 of the Subdivision Map Act." SECTION 3: Paragraph (b) of Section 14-10.100 in Article 14-10 of the City Code is amended to read as follows: "(b) Gross floor area means the total floor space under roof of all floors of a building measured to the outside surfaces of exterior ws]l~ including ha]]~, stairways, elevator shafts, ducts, service and mechanical equipment rooms, and including also interior courts with or without a roof, but excluding basements, exterior roof overhangs, exterior unenclosed balconies, and unenclosed areas underneath exterior decks or balconies.~,-The floor area of a covered structure, or portion thereof, not provided with surroUnding exterior wnl]~ shall be the area under the horizontal projection of the roof or floor above. Gross floor area includes all Rev. 9/16/87 -1' . . ~ . . ,: ,~ - areas having an interior height of at-least-seven and one--half-feet;-exeept that. in the case of a sloped ceiling, roof or ground surface, the floor area shall be measured from the point at which the interior height is five feet if any portion of such area also has an interior height of at least seven and one-half feet." SEC-rlON 4: Paragraph (b) of Section 15-06.280 in Article 15-06 of the City Code is amended to read as follows: "(b) Gross floor area means the total floor space under roof of all floors of a building measured to the outside surfaces of exterior wsl]~, including stairways, elevator shafts, duets, service and mechanical equipment rooms, and including also interior courts with or without a roof, but excluding basements, exterior roof overhangs, exterior unenelosed balconies, and un_en_c~lOs_ e~d..areas underneath exterior decks or balconies. ,. The floor area of a covered structure, or portion thereof, not provided with surrodnding exterior walls shall be the area under the horizontal projection of the roof or floor above. Gross floor area includes all areas having an interior height of at least seven and one-half feet, except that in 'the case of a sloped ceiling, roof or ground surface, the floor area shall be measured from the point at which the interior height is five feet if any portion of such area also has an interior height of at least seven and one-half feet." SECTION 5: A new Section 15-06.6_5,5 is added to Article 15-06 of the City Code, to read as follows: "S15-06.65~__5 Story;, multi-story (a) Story means that portion of a building included between the surface of any floor and the surfsee of the floor next above, or if there is no floor above, then the space between the floor and the eelling or roof next above. \ (b) Multi-story means any building having one or more stories physically located or projecting above a story, or any portion thereof, constructed and located beneath the same. Basements shall not be considered a story. "Multi-story" includes a one and one-half story (split level) structure, having the floor level of the upper story located at approximately the center height of the lower portion of the structure. SECTION 6: Paragraph (c) of Section 15-06.670 in Article 15-06 of the City Code is hereby repealed. SECTION 7: Section 15-11.100 in Article 15-11 of the City Code is amended to read as follows: '$15-11.100 Height of struetures (a) No single-family dwelling shall exceed twenty-six feet in height and no other type of structure shell exceed thirty feet in height. (b) No structure shell exceed two stories." Rev. 9/16/87 -2- SECTION 8: Section 15-11.150 in Article 15-11 of the City Code is amended to read as follows: "~15-11.150 Design review The construction or expansion of any main or accessory structure in an A district shall comply with the applicable design review regulations set forth in Article 15-45 or Article 15-46 of this Chapter." S~-CTION 9: Section 15-12.100 in Article 15-12 of the City Code is amended to read as follows: "S15-12.100 Height of sL~uetu~es (a) No single-family dwelling shall exceed twenty-six feet in height and no other type of main structure shall exceed thirty feet in height. (b) No accessory structure shall exceed twelve feet in height. (c) No structure shall exceed two stories, except that pursuant to a use permit issued under Article 15-55 of this Chapter, a three-story structure may be allowed for an institutional facility located upon a site designated for quasi-public facilities (QPF) in the General Plan, wriere the average slope underneath the structure is ten percent or greater and a stepped building pad is used." SECTION 10: Section 15-12.150 in Article 15-12 of the City Code is amended to read as follows: "S15-12.150 Design review The construction or expansion of any main or accessory structure in an R-1 district shall comply with the applicable design review regulations set forth in Article 15-45 or Article 15-46 of this Chapter." SECTION lh Section 15-13.100 in Article 15-13 of the City Code is amended to read as follows: "~15-13.i00 Height of strueturns -(a) No single-family dwelling shall exceed twenty-six feet in height and no other type of main structure shall exceed thirty feet in height. (b) No accessory structure shall exceed twelve feet in height. (c) No structure shall exceed two stories." SECTION 12: Section 15-13.150 in Article 15-13 of the City Code is amended to read as follows: Rev. 9/16/87 -3- '-~1,5-13,150 . Design review ._ The construction or expansion of any main or accessory structure in an HC-RD district shall comply with the applicable design review regulations set forth in Article 15-45 or Article 15-46 of this Chapter." SECTION 1S: Paragraph (c) of Section 15-14.110 in Article 15-14 of the City Code is amended to read as follows: "(c) A single-family dwelling not limited by Paragraphs (a) or (b) above, shall not exceed twenty-six feet in height. Any other type of main structure not limited by Paragraphs (a) or (b) above, shall not exceed thirty feet in height." SECTION 14: Section 15-14.160 in Article 15-14 of the City Code is amended to read as follows: ~" *.~'S15-14,160 Design review The construction or expansion of any main or accessory structure in the NHR district shall comply with the applicable design review regulations set forth in Article 15-45 or Article 15-46 of this Chapter." SEC-rJON 15: Article 15-45 of the City Code is amended to read as follows: ~ARTICLE 15-45 DESIGN REVIEW: S~IGLE- FAMTLY DJV~.T,T.TN~ .-~ Seetioz~: '~ 15-45.010 Purposes of Article 15-45.020 Compliance with development standards 15-45.030 Allowable floor area 15-45.040 Setbacks 15-45.050 Additional standards and guidelines 15-45.060 Requirement for design review; public hearing 15-45.070 Application requirements 15-45.080 Design review findings 15-45.090 Expiration of design review; extensions 15-45.100 Replacement of destroyed structures 15-45.110 Appeals to City Council S15-45.010 Purposes of Article It is the policy of the City to review the proposed construction or expansion of single-family dwellings and certain accessory structures under circumstances where such structures might constitute an invasion of privacy, unreasonable interference with views, light and air, and create adverse impacts upon the aesthetic character of neighboring residential structures. The purpose of this Article is to establish Rev. 9/16/87 -4- :_~ .... -..standards and procedures to be followed with respect to the design review of single- -family dwellings and certain accessory structures to ensure that new development occurs in a manner which is consistent with the objectives of this Chapter and the policies of the General Plan. S15-45.0~-0 Complianee with development standards No single-family main structure or accessory structure shall be constructed or expanded within any A, R-I, HC-RD or NHR 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 Section 15-45.040 of this Article. The Planning Commission shall have authority to grant a variance from such regulations pursuant to Article 15-70 of this Chapter. S15-45.030 Allowable floor area (a) Definition. As used in this Article, the term "allowable floor area" means the maximum gross floor area of the main structure (including any garage constituting a portion thereof) plus any accessory structure on permanent foundations, as determined under Paragraphs (b) and (c) of this Section. For the purposes of calculating allowable floor area, any space with an interior height of fifteen feet or greater shall be doubled. (b) Standards. Subject to Paragraph (c) of this Section, the allowable floor area with respect to any site shall be based upon the size of the lot and calculated in accordance with the table set forth below; provided, however, that in the case of a site located within an R-1 district, the size of the lot to be utilized from the table set forth below shall be either: (i) the actual net site area of the lot, or (if) twice the minimum net site area for the zoning district in which the lot is located (as specified in Section 15-12.050), whichever is less. The standards contained herein '~I. are intended to be maximum figures and the Planning Commission may, in any case, require that the floor area be reduced below the applicable standard if such reduction is necessary in order to make the findings prescribed in Section 15-45.080 of this Article. Size of Lot (Net Site Area) Allowable Floor Area Less than 5,000 sq. ft. To be determined by Planning Com mission 5001 - 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.* 15,001 - 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.* Rev. 9/16/87 -5- Greater than 40,000 sq. f_t. _ . _ ~ . 6,000 sq. ft, plus 30 sq. ft. for each 1,000 sq. ft. of net site area over 40,000 sq. ft.* (* Where division of the net site area ~by 1,000 results in a fractional numberr the product shall be rounded up to the next Whole number.) (c) Slope adjustment. In the case of a hillside lot, the following portion of the site, based upon the average slope of the lot, shall be deducted from the net site area before application of the standards set forth in Paragraph (b) of this Section: Percentage of Net Site Area to be Deducted in Calculating Average Slope Allowable Floor Area 10.01 - 20% 10% plus 2% for each i percent of slope over 10%* 20.01 - 30% 30% plus 3% for each 1 percent of slope over 20%~* Over 30% 60% C* Where the average slope is a fractional number, it shall be rounded up. to the next whole number.) (d) Abutting open space. Where a lot abuts an area which has been permanently restricted and dedicated as private common open space, the Planning Commission may consider any contribution made by such open space to the overall site and may approve a development proposal which exceeds the allowable floor area, without the necessity of a variance, if the Commission is still able to make all of the findings preseribed in Section 15-45,080 of this Article. (e) Restrietion ag~i,tqt subdivision. Where the net site area required under this Section for all structures on the site is greater than the minimum net site area prescribed for the district in which the lot is located and such lot is otherwise capable of being subdivided, the owner shall execute and record a restriction against any subdivision of the property in such manner as to reduce the net site urea below the amount required under this Section for 'all structures on the site. ~15-45,040 Setbseks Where a new structure or an addition to an existing structure will exceed twenty-two feet in height, the required setback from each property line of the site shall be increased by one foot for each foot of height in excess of twenty-two feet, such increased setbacks to be imposed only with respect to that portion of the new structure or addition that exceeds twenty-two feet in height. Rev. 9/16/87 -6- - S15-45.050 :~ _ Additional standards_and guidelines .... In addition to the standards set forth in Sections 15-45.030 and 15-45.040 of this Article, the following standards and guidelines shall be satisfied before approval is granted for the construction or expansion of a single-family main structure or accessory structure: (a) Standards. The proposed structure shall contain architectural and design elements which serve to reduce the appearance of mass and bulk. Such elements may include: (I) Multiple floor levels which follow natural slope so as to reduce the underfloor clearance to not more than five feet; (2) Multiple roof lines; (3) Decks and balconies; (4) Foundation types that minimize cut and fill and the need for retaining walls; (5) Fence lines, walls and other features which blend with the terrain rather than angle against it. (b) Guidellnea (1) Variety in design should be encouraged in order to avoid monotony of regularly spaced buildings of uniform height. · (2) On wooded hillside lots, multi-story structures may be encouraged in order to minimize grading and vegetation removal. The use of decks should be encouraged to provide usable open space, but the .~. decks should not encroach on adjoining properties in terms of privacy. (3) The proposed structure should be designed to optimize the use of natural elements, such as solar radiation, wind and landscaping for heating, cooling and ventilation. S15-45.060 Requirement for design review; public hearing (a) In each of the following cases, no building permit shall be issued for the construction or expansion of a single-family main structure or accessory structure in any A, R-l, HC-RD or NHR district until such structure has received design review approval by the Planning Commission pursuant to this Article: (1) Any multi-story main or accessory structure to be constructed upon a hillside lot. (2) Any conversion of a single story structure to a multi-story structure, except where such conversion does not result in any exterior modifications to the existing structure beyond the _ installation of skylights in the roof. Rev. 9/16/87 -7- (3) Whenever design review is specifically required.unde:r the.!erms conditions of any tentative or final subdivision map, building site approval, use permit, variance or conditional rezoning. (4) Any main structure to be constructed upon a lot having a net site area of less than 5,600 square feet. (5) Whenever, as a result of the construction or expansion, the gross floor area of all structures on the site will exceed 6,000 square feet. (6_)~ Whenevery as a result of the construction or expansion, the allowable floor area may be exceeded p. ursuant to Subsection 15-45,030(d) of this Article. _ !7)_. Whenever, in the opinion of the Planning Director, the construction or expansion of a main or accessory structure may be incompatible with the neighborhood, 9r may create a perception of excessive bulky or may unreasonably interfere with views or privacy, or may adversely affect the natural environment. (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 avariable 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. S15-45.0V0 Applioation requirements (a) Application for design review approval shall be fried with the Planning Director on such form as he shall prescribe. The application shall include the following exhibits: (1) Site plan showing property lines, easements and dimensions, structure setbacks, building envelope, topography, location of all trees over twelve inches in diameter as measured two feet above grade, and areas of dense vegetation and creeks. (2) A statement of energy Conserving featares 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 buriding 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 Planning Director. (3) Elevations of the proposed structures showing exterior materials, roof materials and window treatment. Rev. 9/16/87 -8- (4) Cross sections for all projects located on_a hillside lot, together with an aerial photograph of the site if requested by the Planning Director. (5) Engineered grading and drainage plans, including cross sections if the structure is to be constructed on a hillsid~ lot. (6) Floor plans that indicate total gross floor area, determined in accordance with Section 15-06.280 of this Chapter. (7) Roof plans. (8) Landscape plans. (9) Preliminary title report showing all parties having any interest in the property and any easements, encumbrances and restrictions which benefit or burden the property. (10)Such additional exhibits or information as may be required by the Planning 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 eleven reduced 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 CouneLL S15-45.080 lesion review findings The Planning Commission shall not grant design review approval unless it is able to make the following findings: (a) Avoid unreasonable interference with views and privacy. The height, elevations and placement on the site of the proposed main or accessory structure, when considered with reference to the nature and location of residential structures on adjacent lots, 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 minimized and will be in keeping with the general appearance of neighboring developed areas. (c) Minimize perception of excessive bulk. The proposed main or accessory structure in relation to the immediate neighborhood will minimize the perception of excessive bulk. (d) Compatible bulk and height. The proposed main or accessory structure will be compatible in terms of bulk and height with existing residential structures within the immediate neighborhood and within the same zoning district, and shall not unreasonably impair the light and air of adjacent properties nor unreasonably impair the ability of adjacent properties to utilize solar energy. Rev. 9/16/87 -9- (e) Current grading and erosion control standards, The proposed site development or grading plan incorporates current grading and erosion control standards used by the City. $15-45,090 Expiration of desig~ review approval; extensions {a) Design review approvals granted pursuant to this Article shall expire twenty-four months from the date on which the approval became effective, unless prior to such expiration date a building permit is issued for the improvements constituting the subject of the design review approval and construction thereof is commenced and prosecuted diligently toward completion, or a certificate of occupancy is issued for such improvements. (b) Design review approvals may be extended for a period or periods of time not exceeding thirty-six months. The application for extension shall be filed 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 Subsection 15-45.060(b) of this Article. Extension of design review approval is not a matter of right and the approving authority may deny the application or grant the same subject to conditions. $15-45.100 Replacement of destroyed structures In the event an existing single-family dwelling having a gross floor area in excess of the standards set forth in Section 15-45.030 of this Article or setbacks which are less than required under Section 15-45.040 of this Article, is damaged or destroyed as a result of fire, act of God or other calamity (except for landslide, earthquake, earth movement, soil instability or flood), the structure may be replaced with a new structure having a maximum gross floor area no greater than the. original structure and setbacks no less 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 set forth in Sections 15- 45.030 and 15-45.040 of this Article. In all other respects, the replacement structure shall comply with the regulations of this Chapter, including the regulations pertaining to structure height and impervious cover. $15-45.110 Appeals to City Cotmeil Any decision or determination made by the Planning Commission under this Article may be appealed to the City Council in accordance with the procedure set forth in Article 15-90 of this Chapter." SECTION 16: Section 15-70.020 in Article 15-70 of the City Code is amended to read as follows: ~$15-70.020 Authority to grant variances The Planning Commission is hereby designated as the approving authority under this Article with power to grant variances from the regulations prescribed in Rev. 9/16/87 -10- this Chapter with respect to the site area, site frontage, width, depth and coverage, setbacks for front yards, side yards and rear yards, allowable floor area, height of structures, distance between structures, signs, off-street parking and loading facilities, fences, w~]]~ and hedges, and alterations or expansions of nonconforming structures, in accordance with the procedure and requirements set forth in this Article." SECTION 17: Paragraph (d) (1) of Section 15-80.030 in Article 15-80 of the City Code is amended to read as follows: "(1) Upon the granting of a use permit by the Planning Commission pursuant to Article 15-55, cabanas, garages, carports, recreation rooms, hobby shops and other similar structures may be 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 of ten feet if the structure is still located within the required rear yard." SECTION 18: Paragraph (e) of Section 15-80.030 in Article 15-80 of the City Code is amended to read as follows: "(e) Unenel~,ed garden structures. Subject to approval by the Planning Director and the provisions of Paragraph (i) of this Section, unenclosed garden, ornamental and decorative structures such as gazebos, lattice work, arbors and fountains may be located no closer than six feet from a side or rear 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 of ten feet if the structure is still located within a required side or rear yard." SECTION 19: Paragraphs (j) and (k) of Section 15-80.030 in Article 15-80 of the City Code are amended to read as follows: "(j) Referral to p1Rnning Commission. With respect to any accessory structure requiring approval by the Planning Director, as described in Paragraphs (d)(2), (e) and (f) above, the Director may refer the matter to the Planning Commission for action thereon whenever the Director deems such referral to be necessary or appropriate. If the application relates to an accessory structure described in Paragraphs (d)(2) or (3), the Planning Commission shall follow the same procedure as set forth in Paragraph (i) of this Section. (k) Modification of standards. The Planning Commission shall have authority to modify any of the regulations set forth in Paragraphs (d), (e), (f) or (g) of this Section pertaining to the size, height or required setback of an accessory structure in a side or rear yard, through the granting of a use permit for such accessory structure pursuant to Article 15-55 of this Chapter." SECTION 20: Section 15-90.020 in Article 15-90 of the City Code is amended to read as follows: Rev. 9/16/87 -11- "$15-90,020 Appeals from decision of Planning Commission An appeal may be taken to the City Council by the applicant or any interested person from the whole or any portion of a decision made by the Planning Commission pursuant to any of the provisions of this Chapter." SECTION 2h Paragraphs (b) and (c) of Section 15-90.070 in Article 15-90 of the City Code are amended to read as follows: "(b) Conduct of hearing by City Co~mcil. The City Council shall conduct a de novo review on the appeal, but no public hearing shall be required unless the decision by the Planning Commission was made in connection with a proceeding which required a public hearing; provided, however, that nothing herein shall prevent the City Council, in its discretion, from receiving testimony or other evidence from any person pertaining to the subject matter of the appeal. (c) Decision by City Conneff. The City Council may affirm, reverse or modify the decision of the Planning Commission, and may refer the matter back to the Planning Commission for such further action as may be directed by the Council. Where an appeal has been filed pertaining to only a portion of a decision by the Planning Commission, the City Council shall have authority to review the entire matter and may affirm, reverse or modify all or'any other portion of the decision notwithstanding the fact that no appeal has been taken therefrom." SECTION 22: Section 16-55.060 in Article 16-55 of the City Code is amended to read as follows: n~16-55.060 Action on application The app]jcation for a grading permit shall be reviewed by the City Engineer, and if he finds the application is in conformity with all the provisions of this Article, the City Engineer may thereafter issue a permit with such reasonable eonditions as he may deem necessary in order to comply with all the provisions of this Article. The City Engineer may refer any application to the Planning Commission for a decision thereon." SECTION 23: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections~ subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 24: This Ordinance shall be in full force and effect thirty days after its passage and adoption. This Ordinance shsll not apply to any nnexpired design review approval granted prior to the effective date hereof; nor shall this Ordinance apply to any application for design review approval which is filed prior to the effective date hereof unless the applicant submits, at the time of filing, a written election for the project to be governed by the regulations contained herein. Rev. 9/16/87 -12- and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council held on the 7th day of October, 1987, by the following vote: AYES: Councilmembers Andersgn, Clevenger, Hlava, Moyles, and Mayor Peterson NOES: None ABSENT: None ABSTAIN: None ~4~ ~~ MAYOR ATTEST: CITY CLERK ~F--- published acc0rdin9 to taw. Rev. 9/16/87 -13-