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HomeMy WebLinkAbout71.5 ORDINANCE 71.5 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING CHAPTER 15 OF THE CITY CODE BY AMENDING SECTION 15-10.010 CONCERNING DESIGNATION OF ZONING DISTRICTS, ADDING ARTICLE 15-21 TO ESTABI.I.~H 'rlt~ MUL'rii~LE USE PLANNED DEVELOPMENT ZONING DISTRICT, AND AMENDING SECTIONS 15-35.020 AND 15- 35.030 CONCERNING PARKING FACILITIES The City Council of the City of Saratoga hereby Ordains as follows: SECTION 1: Section 15-10.010 in Chapter 15 of the City Code is amended by tenumbering Paragraph (k) to Paragraph (D and adding a new Paragraph (k) to read as follows: "(k) MU-PD: Multiple use planned development distriet." SECTION 2: A new Article 15-21, entitled "MU-PD: Multiple Use Planned Development District" is hereby added to Chapter 15 of the City Code, to read as follOWs: "ANTICLE 15-21 MU-PD: MULTIPLE USE PLANNED DEVELOPMENT DISTRICT Sections: 15-21.010 Purposes of Article 15-21.020 AHowahle mixed uses 15-21.030 Site area 15-21.040 Site density 15-21.050 Site coverage 15-21.060 Setbacks 15-21.070 Development standards 15-21.080 Modification of standards 15-21.090 Height of structures 15-21.100 Signs 15-21.110 Off-street parking and loading facilities 15-21.120 Requirement for PD permit 15-21.130 Conceptual development plan 15-21.140 Final development plan 15-21.150 Issuance of PD permit 15-21.160 Expiration of PD permit; extensions 15-21.170 Continuing jurisdiction of Planning Com mission 15-21.180 Appeals to City Council Rev. 8/6/86 ~ ~/'~ -1- S15-21.010 Purposes of Article In addition to the objectives set forth in Seetion 15-05,020 of this Chapter, the multiple use planned development district is ineluded in the Zoning Ordinance for the primary purpose of establishing development standards for mixture of uses, density, site eoverage and setbacks, while preserving to the City the authority to modify such standards by imposing more restrictive or approving less restrictive requirements for development. The multiple use planned development district is also ineluded in the Zoning Ordinance to achieve the following speeifie purposes: (a) To provide a means of guiding land development or redevelopmerit in areas of the City that are uniquely suited for a planned coordination of mixed land uses. (b) To provide for a greater flexibility of land use and design than would be possible through strict application of the regulations applicable to other zoning distriets. (c) To encourage imaginative and innovative planning coneepts and variety in the development patterns of the City. (d) To promote a mixture of harmonious and integrated uses on a site while proteeting the integrity and environment of neighboring properties. (e) To provide a more efficient use of land resulting in the creation of additional public or private common areas and open space. S15-21.020 Allowable mixed uses Any combination of the uses speeif. ied in this Section may be allowed in a MU- PD district, provided that not less than fifty percent of the gross site area shah be devoted to residential uses, including the off-street parking and loading facilities and common areas for sueh uses. The percentage of gross site area occupied by any single use, including the off-street parking and loading facilities and common areas for such use, should not exceed the standard set forth below: Use Site area standard Single-family dweRings or multi-family dwellings or combination thereof 50% Retail service establishments or personal service establishments or combination thereof 15% Offices 15% Athletic facility 25% School 50% Rev. 8/6/86 '-2- Senior citizen housing~ which may include common dining and recreation facilities and facilities for rendering health care services and medical treatment for patients residing at the project 50% S15-21.030 Site area The minimum gross site area of any multiple use planned development shah be twenty-five acres, S15-~-1.040 Site density (a) With respect to individual uses within a multiple use planned development, the density of each use should not exceed the following standard as applied to the area of the site occupied by such use: Use Density standard Single-family dwellings 10,000 square feet per unit Multi-family dwellings 7,000 square feet per unit Retail service establishments or personal service establishments A floor area ratio or combination thereof not exceeding .23 Offices A floor area ratio not exceeding .23 Athletic facility As determined by the Planning Commission School As determined by the Planning Commission Senior citizen housing, 20 units per with dining, recreation and acre, exclusive of medical facilities if included any area oceupied by dining, recreation or medical facilities (such density to include the bonus required under Section 65915 of the Government Code). In those eases above where density is based upon floor area ratio, such ratio shah be determined by dividing the gross floor area occupied by the use by the net site area of that portion of the entire site occupied by the use. Rev. 8/6/86 ~ -3- (b) Where multiple uses are located within the same structure, the density of development shah be determined by the Planning Commission, taking into consideration the standards set forth in Paragraph (a) of this Section and the purposes and objectives of this Article. S 15-21.050 Site coverage The maximum net site area covered by structures, parking lots, walkways, plazas and other impervious surfaces on any site in a MU-PD district shall be sixty percent. AH remaining portions of the site shall be landscaped. S 15-21.060 Setbacks No structure within a multiple use planned development shall be located within fifty feet from any public street abutting the site, as measured from the street line, or within thirty feet from any other property line of the site if the structure is single story or fifty feet from any other property line of the site if the structure is two story. S 15-21.070 Development standards In addition to any other standards set forth in this Article, a multiple use planned development shall comply with the following requirements: (a) Architectural design. Each structure within the development shall be compatible with aH other structures in terms of style, size, height, elevations and other architectural features so as to present an integrated design pattern for the entire project. Emphasis shah be placed on pedestrian pathways, plazas and common areas to connect the various uses and structures on the site. (b) Open space and landscaping. All open space areas, including the perimeter setbacks required under Section 15-21.060 of this Article, shall be landscaped and permanently maintained. Unless otherwise approved by the Planning Commission, at least fifty percent of the required open space shah be designated for the common use and enjoyment by the occupants of the development. Such common open space may be distributed throughout the development and need not be in a single area. (c) Traffie eiresflAtion. Primary vehicular access points to the development shah be designed to provide smooth traffic flow with controlled turning movements and minimum hazards to vehicular, pedestrian and bicycle traffic. Minor streets within the development shall not be connected to streets outside the development in such manner us to encourage their use by through traffic. Where appropriate, the internal circulation system shah provide pedestrian and bicycle paths that are physically separated from vehicular traffic. (d) Building spaeing. Adequate spacing shall be maintained between residential and nonresidential uses to insure visual and acoustical privacy for dwelling units. Fences, insulation, walks, landscaping and sound reducing construction techniques shah be used as appropriate for the aesthetic enhancement Rev. 8/6/86 -4- of the development and the privacy of its occupants, the screening of objectionable views or uses and the reduction of noise. (e) Lighting. No lighting shall be allowed which produces excessive glare or intensity, as viewed from any location either within or outside of the development. All exterior lighting shall be directed downward to the ground. Lighting for commercial uses shall not intrude upon residential uses. The intensity of light cast by the development upon adjacent residential properties shall not exceed one-half footcandle at the property line. 615-21.080 Modification of standards Upon a determination by the Planning Commission that a modification of standards can better achieve the purposes and objectives of this Article and provided the Commission is able to make all of the findings required for issuance of a multiple use planned development permit, as set forth in Subsection 15-21.140(h), the Planning Commission may modify any or all of the following standards: the percentage of gross site area occupied by a single use specified in Section 15-21.020, the density of development specified in Section 15-21.040, the site coverage specified in Section 15-21.050, and the setbacks specified in Section 15-21.060. 615-21.090 Height of structures The maximum height of any structure in a multiple use planned development shall be thirty feet and no structure shall exceed two stories; provided, however, through the issuance of a multiple use planned development permit pursuant to this Article, the Planning Commission may approve a lawfully constructed existing structure having a height in excess of thirty feet. 15-21.100 Signs (a) Unless otherwise approved or directed by the Planning Commission, the following signs may be permitted in a multiple use planned development: (1) Signs for single-family dwellings, multi-family dwellings, schools, senior citizen housing and' medical facilities, as described and in accordance with the regulations set forth in Section 15-30.080 of this Chapter. (2) Signs for offices as described and in accordance with the regulations set forth in Section 15-30.090 of this Chapter. (3) Signs for retail service establishments, personal service establishments and athletic facilities, as described and in accordance with the regulations set forth in Section 15-30.100 of this Chapter. (4) A free standing identification sign for the multiple use planned development, not exceeding forty square feet in area. Rev. 8/6/86 -5- (b) A sign program shall be required for the entire development. Such program shah include design criteria to establish an integrated and harmonious use of signs with respect to letter style, materials, color, size, shape and other design characteristics. S15-21.110 Off-street parking and loading facilities Off-street parking and loading facilities shall be provided for each use within a multiple use planned development in accordance with the regulations set forth in Article 15-35 of this Chapter. S15-21.120 Requirement for PD permit A multiple use planned development permit, hereafter in this Article referred to as "PD permit," shall be required for any multiple use planned development. No such permit may be granted until the applicant has first obtained approval of the conceptual development plan pursuant to Section 15-21.130 and approval of the final development plan pursuant to Section 15-21.140. S15-21.130 Conceptual development plan (a) Application. Application for approval of the conceptual development plan shall be submitted to the Planning Director on such form as he shah prescribe. The application shall include the following documents: (1) Conceptual site plan showing the location and size of all structures, streets, sidewalks and pathways, parking and loading facilities, and landscaping, open space and common areas. The site plan shall also contain a date, north point, scale and sufficient description to define the location and boundaries of the development. (2) The name of any existing recorded map applicable to the site, the date of recording such map, and the book and page of the official records where such map is recorded. (3) A scale drawing of the surrounding area for a distance of at least five hundred feet from each boundary of the site, indicating the names and last known addresses of the owners of all property located within five hundred feet of such boundaries, as shown on the latest available assessment roll of the County, the names and widths of adjacent rights-of-way, topographic features and all improvements on adjacent property located within five hundred feet of the site boundary. (4) Name and address of record owner or owners, applicant, and registered engineer or licensed land surveyor or other person who prepared the site plan. (5) The proposed name of the development, if any. The proposed name is subject to approval by the Planning Commission. Rev. 8/6/86 -6- (6) Designation of land uses, including the percentage of gross site area and the amount of gross floor area to be occupied by each use on the site. (7) General description of the architectural style of structures to be constructed on the site, with representative drawings showing elevations thereof. (8) Calculation of total coverage on the site, including a breakdown showing the amount of coverage occupied by structures, parking areas, streets, sidewalks and plazas, together with a calculation of the total area of the site devoted to landscaping. (9) Traffic circulation plan and preliminary estimates of traffic impacts based upon available data and studies. (10) Economic analysis of the development in terms of cost and revenue to the City. (11) Preliminary geologic and soils report, if requested by the Planning Director. (12) Such other information or documents to describe the general nature and features of the development as may be requested by the Planning Director. (b) Fee. 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 cost of noticing the public hearing as determined by the Planning Director. (c) Investigation and report. The Planning Director shali make an investigation of the application and shall prepare a report thereon, which shall be submitted to the Planning Commission. (d) Public hearing. The Planning Commission shall conduct a public hearing on the application for approval of the conceptual development plan. 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 roli of the County as owning property within five hundred feet of the boundaries of the site on which the development is 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. (e) Action by Planning Commission. The Planning Commission may approve, reject or modify the conceptual development plan and may impose such conditions or requirements as it deems appropriate, including, but not limited to, the furnishing of traffic studies, noise studies, and market analyses as part of the application for approval of the final plan. (f) Environmental impaet report. If an environmental impact report is required, the "project" shall be the conceptual development plan as approved by the Rev. 8/6/86 -7- Planning Commission. The environmental impact report shall be prepared and certified as complete prior to approval of the final development plan. (g) No vested rights. Approval of the conceptual plan shah constitute only an indication to the applicant that the City is initially receptive to the proposed development and is willing to consider the project in more detail. Such approval shah confer no vested or other rights upon the applicant to proceed with the project and the City may thereafter reject the final development plan even though it complies with the approved conceptual plan. ~15-21.140 Final development plan (a) Compliance with eoneept, ml development plan, The final development plan shah contain all of the information required in the conceptual plan in its finalized and detailed form and must substantially comply with the approved conceptual development plan. (b) Application. Application for approval of the final development plan shall be filed with the Planning Director on such form as he shall prescribe. The application shall include eighteen copies of a final site plan, drawn to scale by a registered civil engineer or lieeased land surveyor, having a dimension of not less than eighteen inches by twenty-six inches. The final site plan shah contain, or be accompanied by, the following information: (1) Location and final design of all structures on the site, including size, height, elevations, color, materials, floor plan and gross floor area. (2) Location, names, widths, centerline radii and centerline slopes of all streets and other ways in the development. (3) A topographical map of the site showing existing and proposed contour lines at an interval of not more than five feet. The map shall be accompanied by a calculation of the slope percentage, using the formula set forth in Section 15-06.630 of this Chapter. If required, a grading and drainage plan shall also be furnished showing how runoff surface water will be controlled and the ultimate disposal of all surface waters. (4) 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. (5) Location of all creeks~ streams and other water courses on the site, showing top of existing banks and creek depth, with separate sheet showing cross-section of aH such creeks, s~treams and water courses. (6) AH provisions for domestic water supply which are proposed by the applicant, including source, quality and approximate quantity expressed as gallons per minute. Rev. 8/6/86 -8- (7) All provisions for sewage disposal, storm drainage and flood control which are proposed by the applicant, including the approximate distance to and location of the nearest storm drainage and sanitary sewer main lines. (8) Existing wells, active or abandoned, and disposition proposed. (9) Location of existing native, ornamental and orchard trees, including outline, centers and species having a trunk circumference of thirty-two inches or more at a point twenty-four inches above natural grade. (10) 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 City and showing all parties having any interest in the land. (11) Landscape and lighting plans. (12) Sign program. (13) Market analyses, if required. (14) Restrictive agreements, if any. (15) Schedule for commencement and completion of construction. (16) Such other agreements, studies, drawings and documents as may be specifically required by the approved conceptual development plan or otherwise specified in writing by the Planning Director. (c) Fee. 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 cost of noticing the public hearing as determined by the Planning Director. The applicant shall also pay such amounts as the Planning Director may require for the cost of any traffic studies, geologic reports, noise studies or other environmental reports or studies to be obtained by the City in connection with the application for approval of the final development plan. (d) Distribution. Upon receipt of the application and acceptance thereof as being complete, the Planning Director shall distribute the proposed final site plan and accompanying documents to the following persons and agencies: (1) One copy to the County Health Department; (2) One copy to the City Engineer; (3) Two copies to the Santa Clara Valley Water District; (4) One copy to the sanitation district having jurisdiction over the property; (5) Two copies to the fire district having jurisdiction over the property; Rev. 8/6/86 -9- (6) One copy to such utility companies as are or will be providing service to the development; (7) One copy to each school district having jurisdiction over the property; (8) One copy to the County Sheriff's Department. (e) Departmental reports. Upon receipt of the proposed final site plan and other documents, each of the persons and agencies referred to in Paragraph (d) of this Section shall make an investigation and report to the Planning Director any recommended conditions or requirements. The Planning Director shah thereupon cause a written staff report to be prepared and submitted to the Planning Commission. A copy of such report shah be furnished to the applicant not later than three days prior to the public hearing on the application. The Planning Department report shall either summarize, or incorporate by reference, all the other departmental reports received as hereinabove specified and shah itemize such conditions as the Planning Director deems appropriate to be imposed by the Planning Commission if approval of the final development plan is recommended. (f) Design and improvement requirements. The final development plan shall comply with all applicable design and improvement requirements as set forth in Article 14-25 and Article 14-30 of the Subdivision Ordinance, including the provisions therein for dedications to the public and payment of fees. (g) Public hearing. The Planning Commission shall conduct a public hearing on the application for approval of the final development plan. Notice of the public hearing shall be given in the same manner as provided in Subsection 15-21.130(d) of this Article. (h) Action by Planning Commission; findings. The Planning Commission may approve, reject or modify the final development plan and may grant approval subject to such conditions and requirements as the Commission deems appropriate. No final development plan shah be approved or conditionally approved unless the Planning Commission has first made all of the following findings: (1) That the development is consistent with the General Plan. (2) That the development provides for an integrated and harmonious system of land uses and land use intensities. (3) That the development will be compatible with the surrounding neighborhood. (4) That all adverse environmental impacts of the development can be adequately mitigated, or there are overriding considerations for approval of the development notwithstanding such impacts. (5) That the public facilities as existing or to be constructed by the applicant will be adequate to service the development. (6) That the development will not be detrimental to the public health, safety or general welfare. Rev. 8/6/86 -10- (i) Design review approval Approval of the final development plan pursuant to this Section shall constitute design review approval of all structures shown on such plan. (j) Modification of final development plan. Minor changes in the location, siting or character of buildings and other improvements may be authorized by the Planning Director if required by engineering or other circumstances not foreseen at the time the final development plan was approved and provided the change does not cause any of the following: (1) A change in the use or character of the development. (2) An increase in the overall density or intensity of use or increase in the overall coverage of structures. (3) A reduction or change in character of approved open space or landscaped areas. (4) A reduction of required off-street parking. Except as otherwise set forth above, any change in the final development plan shall require approval by the Planning Commission pursuant to Section 15-21.170 of this Article. S15-21.150 Issuance of PD permit Upon approval of the final development plan by the Planning Commission, or by the City Council on appeal, the Planning Director shall issue a PD permit to the applicant. Such permit shall contain aH of the conditions of approval and shall be signed by the applicant to acknowledge the same. Failure by the applicant to sign the permit within thirty days after the date of issuance, or such longer period of time as may be allowed by the Planning Director, shall invalidate both the PD permit and the approval of the final development plan. ~15-21.160 Expiration of PD permit; extensions (a) A PD permit granted pursuant to this Article shall expire twenty-four months from the date on which approval of the final development plan became effective, unless prior to such expiration date, a building permit is issued and construction of the development is commeneed and prosecuted diligently toward completion. (b) A PD permit may be extended by the Planning Commission 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 aecompanied 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 shah be given in the same manner as provided in Subsection 15- 21.130(d) of this Artiele. Extension of a PD permit is not a matter of right and the Planning Commission may deny the application or grant the same subject to conditions. Rev. 8/6/86 -11- S15-21.170 Continuing jurisdiction of Planning Commission The Planning Commision shall, in all cases, retain continuing jurisdiction over each PD permit and may at any time, either on its own initiative or in response to an application or request to do so, modify or delete any conditions of a PD permit or impose any new conditions if the Commission determines that such action is necessary in order to preserve a substantial right of the applicant, or to preserve the public health, safety or welfare, or to prevent the creation or eontinuance of a public nuisance, or where such action is necessary to preserve or restore any of the findings set forth in Subsection 15-21.140(h) of this Article. The Planning Commission shall not approve a modification of the PD permit without first conducting a public hearing thereon, with notice of such hearing being given in the same manner as provided in Subsection 15-21.130(d) of this Article. $15-21,180 Appeals to City Council Any determination or decision by the Planning Commission under this Article may be appealed to the City Council in aneordance with the procedure set forth in Article 15-90 of this Chapter." SECTION 3: Paragraph (j) of Section 15-35.020 in Chapter 15 of the City Code is amended to read as follows: "(j) With respect to any site or structure located within a C, P-A, M, 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 Paragraph, 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 shah be provided for a fraction of one-half or less." SECTION 4: Paragraph (e) of Section 15-35.030 in Chapter 15 of the City Code is amended to read as follows: "(e) Malti-family dwellings One covered parking space 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 for each dwelling unit plus one-half additional space on the site for each dwelling unit." SECTION 5: 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 Rev. 8/6/86 -12- phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be held invalid or unconstitutional. SECTION 6: This Ordinance shah be in full force and effect thirty days from and after the date of its passage and adoption. Passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the ]rd day of September , 1986, by the following vote: AYES: Councilmembers Anderson, Clevenger, Moyles, Peterson, and Mayor Hlava NOES: None ABSENT: None ABSTAIN: None ATTEST: ~ Cf', ~ The abo,te and foregoing is a true and con;ect , COpy o~ ::r~inance 71,:5' which has been CITY CLERK publishe~.~ according to law. ity rk ' Date Rev. 8/6/86 -13-