HomeMy WebLinkAbout71.99 ORDINANCE NO. 71. 99
AN ORDINANCE OF THE CITY OF SARATOGA AMENDING
VARIOUS SECTIONS OF THE ZONING REGULATIONS
CONCERNING SUBDIVISION OF SITES, DESIGN REVIEW,
IMPERVIOUS COVERAGE, SETBACKS AND GRADING IN
THE RESIDENTIAL AND AGRICULTURAL DISTRICTS
whEREAS, the City of Saratoga has determined that the pro-
liferation of new construction in the City's hillside districts
has the potential to undermine the City's objective to preserve
the unique Saratoga character; and
WHEREAS, the trend to reconstruct homes in developed neigh-
borhoods poses distinct problems of compatibility, privacy and
preservation of the existing neighborhood character; and
WHEREAS, the City periodically reviews the effectiveness of
its design review regulations and the last review occurred in
1987; and
WHEREAS, the goal of the City's General Plan is to preserve
the community's unique residential character by promoting con-
struction that is compatible with the City's sensitive terrain
and established neighborhoods; and
WHEREAS, the City has determined that the existing regula-
tions pertaining to the house size, setbacks, coverage and grad-
ing require revision to advance the City's General Plan goals.
NOW, THEREFORE, the City Council of the City of Saratoga
hereby ordains as follows:
SECTION 1: Section 15-06,340 in Article 15-06 of the City
Code is amended to read as follows:
815-06,340 Height
"Height" means the vertical distance from the highest point
of a structure to the immediately adjacent natural grade not
created by a fill; provided, however, that for the purposes of
measuring height, chimneys, flagpoles and radio and television
aerials shall not be considered a part of the structure. In the
case of fences, walls and hedges, the height thereof shall be
that side having the greatest distance as measured by a vertical
line from the highest point of the fence, wall or hedge to a
point directly below at either the natural grade or the finished
grade, whichever such grade is lower. Where a fence is con-
structed upon, or approximately parallel to and within two feet
1
from, a retaining wall, the height thereof shall be the combined
height of the fence and the retaining wall, as measured from the
top of the fence to the bottom of the retaining wall in the
manner prescribed herein.
SECTION 2: Section 15-06.655 in Article 15-06 of the City
Code is amended to read as follows:
815-06.655 Story; multi-story
(a) Story means that portion of a building included between
the surface of any floor and the surface of the floor next above,
or if there is no floor above, then the space between the floor
and the ceiling or roof next above. Basements are excluded from
being considered a story.
SECTION 3: Section 15-11.050 in Article 15-11 of the City
Code is amended to read as follows:
815-11.050 Subdivision of sites
(a) Determination of lot size. Except as otherwise provid-
ed in Paragraph (b) of this Section, each lot created upon the
subdivision of any property within an A district shall contain a
minimum net site area based upon the average slope of such lot,
determined in accordance with the following table:
,Average Net Site Average Net Site
Slope Area Slope Area
10 or less 5.00 24 10.40
11 5.20 25 11.00
12 5.40 26 11.80
13 5.60 27 12 60
14 5.80 28 13 40
15 6.00 29 14 20
16 6.40 30 15 00
17 6.80 31 16 00
18 7.20 32 17 00
19 7.60 33 18 00
20 8.00 34 19 00
21 8.60 35 or more 20.00
22 9.20
23 9.80
,Average slope in percent, as calculated in accordance with
Section 15-06.630 of this Chapter.
(b) Inorease in lot size. The City may require any or all
of the lots within a subdivision to have a larger size than
required under Paragraph (a) of this Section if the City deter-
mines that such increase is necessary or appropriate by reason of
site restrictions or geologic hazards.
2
SECTION 4: Section 15-11.080 in Article 15-11 of the City
Code is amended to read as follows:
S15-11.080 Site coverage
The maximum site coverage on any lot in an A district shall
be as follows:
(a) The maximum coverage shall be twenty-five percent (25%)
or 15,000 square feet, whichever is less.
(b) In determining the amount of impervious surface, the
area of a single driveway providing vehicular access from the
street to the required enclosed parking spaces on the site, and
any related turnaround area determined to be necessary for safety
purposes, shall be excluded.
SECTION 5: Section 15-11.090 in Article 15-11 of the City
Code is amended to read as follows:
815-11,090 Front yard, side yards and rear yard
(a) The minimum front yard shall be thirty (30) feet or
twenty percent (20%) of the lot depth, whichever is greater.
(b) The minimum side yard shall be twenty (20) feet or ten
percent (10%) of the lot width, whichever is greater;
(c) The minimum rear yard shall be fifty (50) feet in the
case of a single story structure, and sixty (60) feet in the case
of a multi-story structure, or twenty-five (25%) percent of the
lot depth, whichever is greater.
SECTION 6: A new Section 15-11.160 is added to Article 15-11
of the City Code, to read as follows:
S15-11.160 Grading on hillside lots
The combined cut and fill of any grading on a hillside lot
shall not exceed 1,000 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 findings:
(a) The additional grading is necessary in order to allow
reasonable development of the property or to achieve reasonable
vehicular access to the proposed development, and
(b) The natural land forms and vegetation are being pre-
served and protected, and
(c) The increased grading is necessary to promote the
compatibility of the construction with the natural terrain, and
(d) The increased grading is necessary to integrate an
architectural design into the natural topography, and
(e) The increased grading is necessary to reduce the promi-
nence of the construction as viewed from surrounding views or
from distant community views.
SECTION 7: Section 15-12.050 in Article 15-12 of the City
Code is amended to read as follows:
S15-12.050 Site Area
The minimum net site area in each R-1 district shall be as
follows:
Interior Corner Flag Hillside
District Lot Lot Lot Lot
R-i-iO,000 10,000 sf. 12,000 sf. 20,000 sf. 40,000 sf.
R-1-12,500 12,500 sf. 15,000 sf. 20,000 sf. 40,000 sf.
R-l-15,000 15,000 sf. 18,000 sf. 20,000 sf. 40,000 sf.
R-I-20,000 20,000 sf. 24,000 sf. 20,000 sf. 40,000 sf.
R-i-40,000 40,000 sf. 48,000 sf. 40,000 sf. 40,000 sf.
8ECTION S: Section 15-12.080 in Article 15-12 of the City
Code is amended to read as follows:
S15-12.080 Site coverage
The maximum site coverage in each R-1 district shall be as
set forth in the following table. In determining the amount of
impervious surface, the area of a single driveway providing
vehicular access from the street to the required enclosed parking
spaces on the site, and any related turn-around area for such
spaces or required for safety purposes, shall be excluded.
District Coveraqe
R-l-10,000 45%
R-1-12,500 45%
R-l-15,000 40%
R-i-20,000 35%
R-i-40,000 30%
4
SECTION 9: Section 15-12.090 in Article 15-12 of the City
Code is amended to read as follows:
815-12.090 Front yard, side yards and rear yard
(a) Front yard. The minimum front yard of any lot in each
R-1 district shall be twenty percent (20%) of the lot depth, or
the distance indicated in the following table, whichever is
greater:
District Front Yard
R-l-10,000 25 ft.
R-1-12,500 25 ft.
R-l-15,000 25 ft.
R-i-20,000 30 ft.
R-i-40,000 30 ft.
(b) Side yards of interior lots. The minimum side yard of
any interior lot in each R-1 district shall be ten percent (10%)
of the lot width, or the distance indicated in the following
table for each side yard, whichever is greater:
Individual
District Side Yards
R-l-10,000 10 ft.
R-1-12,500 10 ft.
R-1-15,000 12 ft.
R-i-20,000 15 ft.
R-i-40,000 20 ft.
(c) Side yards of corner lots created after January 1,
1992. The minimum side yard of any corner lot in each R-1 dis-
trict shall be ten percent (10%) of the lot width, or the dis-
tance indicated in the following table for interior and exterior
side yards, whichever is greater.
Interior Exterior
District Side Yard Side Yard
R-l-10,000 10 ft. 15 ft.
R-1-12,500 10 ft. 15 ft.
R-l-15,000 12 ft. 15 ft.
R-i-20,000 15 ft. 20 ft.
R-i-40,000 20 ft. 25 ft.
(d) Side yards of corner lots created prior to January 1,
1992. The minimum side yard of any corner lot in each R-1 dis-
trict shall be ten percent (10%) of the lot width, or the dis-
tance indicated in the following table for interior and exterior
side yards, whichever is greater:
5
Interior Exterior
District Side Yard Side Yard
R-l-10,000 10 ft. 25 ft.
R-1-12,500 10 ft. 25 ft.
R-l-15,000 12 ft. 25 ft.
R-i-20,000 15 ft. 25 ft.
R-i-40,000 20 ft. 25 ft.
(e) Rear yards of corner lots created after January 1,
1992. The minimum rear yard of any corner lot in each R-1 Dis-
trict shall be twenty-five percent (25%) of the lot depth, or the
applicable distance indicated in the following table, whichever
is greater:
Single-story Multi-story
District Rear Yard Rear Yard
R-l-10,000 25 ft. 25 ft.
R-1-12,500 25 ft. 25 ft.
R-1-15,000 30 ft. 30 ft.
R-i-20,000 35 ft. 35 ft.
R-i-40,000 50 ft. 60 ft.
(f) Rear yards of corner lots created prior to January 1,
1992. The minimum rear yard of any corner lot in each R-1 Dis-
trict shall be twenty-five (25%) percent of the lot depth, or the
distance indicated in the following table, whichever is greater:
Single-story Multi-story
District Rear Yard Rear Yard
R-l-10,000 10 ft. 10 ft.
R-1-12,500 10 ft. 10 ft.
R-l-15,000 12 ft. 12 ft.
R-i-20,000 15 ft. 15 ft.
R-I-40,000 20 ft. 20 ft.
(g) Rear yards of interior lots. The minimum rear yard of
any interior lot in each R-1 district shall be twenty-five (25%)
percent of the lot depth, or the applicable distance indicated in
the following table, whichever is greater:
Single-story Multi-story
District Rear Yard Rear Yard
R-l-10,000 25 ft. 35 ft.
R-1-12,500 25 ft. 35 ft.
R-l-15,000 30 ft. 40 ft.
R-i-20,000 35 ft. 45 ft.
R-i-40,000 50 ft. 60 ft.
(h) Determination of yards for flag lots. On a flag lot
with an average width that exceeds its average depth, the longer
6
dimension may be considered the depth for the purpose of measur-
ing the front, side and rear yards, unless to do so would impact
the lot's normal yard orientation in relation to adjacent lots.
SECTION 10: A new paragraph (h) has been added to Section 15-
13.020 in Article 15-13 of the City Code to read as follows:
(h} Public parks, trails and other publicly owned open
spaces.
SECTION 11: A new paragraph (1) has been added to Section 15-
13.030 in Article 15-13 of the City Code to read as follows:
(1) Cluster developments in accordance with Section 15-
13.060(c).
SECTION 12: A new Paragraph (e) is added to Section 15-13.040
in Article 15-13 of the City Code, to read as follows:
(e) Quantity of grading. The combined cut and fill of any
grading shall not exceed 1,000 cubic yards, including any excava-
tion for a swimming pool, unless a larger quantity is approved by
the Planning Commission upon making all of the following find-
ings:
(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 forms and vegetation are being pre-
served 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 to integrate an
architectural design into the natural topography; and
(5) The increased grading is necessary to reduce the promi-
nence of the construction as viewed from surrounding views
or from distant community views.
SECTION 13. Section 15-13.050 in Article 15-13 of the City
Code is repealed.
SECTION 14. Section 15-13.060 in Article 15-13 of the City
Code is amended to read as follows:
7
815-13.060 Subdivision of sites
(a) Determination of lot size. Except as otherwise provid-
paragraph (b) of this Section, each lot created upon the
subdivision of any property within an HC-RD district shall con-
minimum net site area based upon the average slope of such
determined in accordance with the following table:
*Average Net Site Average Net Site
Slope Area Slope Area
0 or less 2.00 26 3.42
1 2.03 27 3.52
2 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 4.09
7 2.25 33 4.24
8 2.29 34 4.39
9 2.34 35 4.55
10 2.38 36 4.72
11 2.43 37 4 90
12 2.48 38 5 10
13 2.53 39 5 32
14 2.58 40 5 56
15 2.63 41 5 82
16 2.69 42 6 10
17 2.75 43 6 41
18 2.81 44 6 96
19 2.87 45 7.14
20 2.94 46 7.58
21 3.01 47 8.06
22 3.09 48 8.62
23 3.16 49 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) Inorease in lot size. The City may require any or all
the lots within a subdivision to have a larger size than
required under Paragraph (a) of this Section if the City deter-
that such increase is necessary or appropriate by reason of
restrictions or geologic hazards.
(c) Clustering of lots. The Planning Commission may ap-
a use permit for a subdivision having lots smaller than the
required under Paragraph (a) of this Section, if all of the
following requirements are satisfied:
(1) The reduction in lot size is for the purpose of clus-
tering building sites in order to dedicate, in fee, open
8
space accessible by the public which may contain recreation-
al facilities, including but not limited to, equestrian and
hiking trails, as permitted in Section 15-13.020(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 structures, 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 20,000
square feet.
(5) The total number of lots into which the property is
being subdivided shall be determined in accordance with the
following formula:
1
A=
0.5 - .008S
Where: A = the net site area per dwelling unit.
The average slope of a lot or parcel shall be determined
according to the following formula:
0.00229 IL
S=
A
Where: S = the average slope of the lot in percent I = the contour interval in feet
L = the combined length of contour lines in feet
A = the net site area of the parcel in acres
(6) The size of each unit shall be determined 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 7,200 square feet in area.
(7) The clustering of building sites will result in greater
preservation of the natural terrain.
(8) The use permit approved by the Planning Commission in-
cludes specified standards which may deviate from those
contained in this Article as follows: i) length of driveway;
9
ii) reduction in building height, iii) reduction in allowa-
ble floor area, iv) reduction in site coverage, v) increase
in site dimensions, and vi) increase in setbacks.
(9) The clustered development shall be connected to a
sanitary sewer system.
SECTION 15. Section 15-13.080 in Article 15-13 of the City
Code is amended to read as follows:
S15-13.080 Site coverage
The maximum site coverage on any lot in an HC-RD district
shall be as follows:
(a) The maximum coverage shall be twenty-five percent
(25%), or 15,000 square feet, whichever is less.
(b) In determining the amount of impervious surface, the
area of a single driveway providing vehicular access from the
street to the required enclosed parking spaces on the site, and
any related turnaround area determined to be necessary for safety
purposes, shall be excluded.
SECTION 16. Section 15-13,090 in Article 15-13 of the City
Code is amended to read as follows:
S15-13.090 Front yard, side yards and rear yard
(a) Front yard. The minimum front yard shall be thirty
(30) feet or twenty (20%) percent of the lot depth, whichever is
greater.
· (b) Side yards. The minimum side yard shall be twenty (20)
feet in the case of an interior side yard and twenty-five (25)
feet in the case of an exterior side yard, or ten percent (10%)
of the lot width, whichever is greater.
(c) Rear yard. The minimum rear yard shall be thirty-five
(35) feet in the case of a single-story structure and forty-five
(45) feet in the case of a multi-story structure, or twenty-five
(25%) percent of the lot depth, whichever is greater.
(d) Determination of yards 'for flag lots. On a flag lot
with an average width that exceeds its average depth, the longer
dimension may be considered the depth for the purpose of measur
ing the front, side and rear yards, unless to do so would impact
the lot's normal yard orientation in relation to adjacent lots.
SECTION 17: A new paragraph (h) has been added to Section 15-
14.030 in Article 15-14 of the City Code to read as follows:
10
(h) Public parks, trails and other publicly owned open
spaces .
SECTION 18: A new paragraph (k) has been added to Section 15-
14.040 in Article 15-14 of the City Code to read as follows:
(k) Cluster developments in accordance with Section 15-
14.070(c).
SECTION 19: Paragraph (g) of Section 15-14,050 in Article 15-
14 of the City Code is amended as follows:
(g) Grading. The combined cut and fill of any grading
shall not exceed 1,000 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 findings:
(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 forms and vegetation are being pre-
served 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 to integrate an
architectural design into the natural topography; and
(5) The increased grading is necessary to reduce the promi-
nence of the construction as viewed from surrounding views
or from distant community views.
SECTION 20: Section 15-14.060 in Article 15-14 of the City
Code is repealed.
SECTION 21: Section 15-14.070 in Article 15-14 of the City
Code is amended to read as follows:
S15-14.070 Subdivision of sites
(a) Determination of lot size. Except as otherwise provid-
ed in Paragraphs (b) and (c) of this Section, each lot created
upon the subdivision of any property within the NHR district
shall contain a minimum net site area based upon the average
slope of such lot, determined in accordance with the following
table:
11
,Average Net Site Average Net Site
Slope Area Slope Area
0 or less 2.00 26 3.42
1 2.03 27 3.52
2 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 4.09
7 2.25 33 4.24
8 2.29 34 4.39
9 2.34 35 4.55
10 2.38 36 4.72
11 2.43 37 4.90
12 2.48 38 5.10
13 2.53 39 5.32
14 2.58 40 5.56
15 2.63 41 5.82
16 2.69 42 6.10
17 2.75 43 6.41
18 2.81 44 6.96
19 2.87 45 7.14
20 2.94 46 7.58
21 3.01 47 8.06
22 3.09 48 8.62
23 3.16 49 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 size. The City may require any or all
the lots within a subdivision to have a larger size than
required under Paragraph (a) of this Section if the City deter-
mines that such increase is necessary or appropriate by reason of
restrictions of geologic hazards.
(c) Clustering of lots. The Planning Commission may ap-
prove a use permit for a subdivision having lots smaller than the
required under Paragraph (a) of this Section, if all of the
following requirements are satisfied:
(1) The reduction in lot size is for the purpose of clus-
tering building sites in order to create dedicated open
space accessible by the public which may contain recreation-
al facilities, including but not limited to, equestrian and
hiking trails, as permitted in Section 15-13.020(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.
12
(3) The cluster development reduces the gross development
area which shall include but not be limited to grading,
streets, driveways, main structures, 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 20,000
square feet.
(5) The total number of lots into which the property is
being subdivided shall be determined in accordance with the
following formula:
1
0.5 - .008S
Where: A = the net site area per dwelling unit.
The average slope of a lot or parcel shall be determined
according to the following formula:
0.00229 IL
S=
A
Where: S = the average slope of the lot in percent I = the contour interval in feet
L = the combined length of contour lines in feet
A = the net site area of the parcel in acres
(6) The size of each unit shall be determined 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 7,200 square feet in area.
(7) The clustering of building sites will result in greater
preservation of the natural terrain.
(8) The use permit approved by the Planning Commission in-
cludes specified standards which may deviate from those
contained in this Article as follows: i) length of driveway;
ii) reduction in building height, iii) reduction in allowa-
ble floor area, iv) reduction in site coverage, v) increase
in site dimensions, and vi) increase in setbacks.
(9) The clustered development shall be connected to a
sanitary sewer system.
8ECTION 22: Section 15-14.090 in Article 15-14 of the City
Code is amended to read as follows:
13
815-14,090 Site Coverage
The maximum site coverage on any lot in the NHR district
shall be as follows:
(a) The maximum coverage shall be twenty-five percent (25%)
or 15,000 square feet, whichever is less.
(b) In determining the amount of impervious surface, the
area of a single driveway providing vehicular access from the
street to the required enclosed parking spaces on the site, and
any related turnaround area determined to be necessary for safety
purposes, shall be excluded.
SECTION 23: Section 15-14.100 in Article 15-14 of the City
Code is amended to read as follows:
S15-14,100 Front yard, side yards and rear yard
(a) Front yard. The minimum front yard shall be thirty
(30) feet or twenty percent (20%) of the lot depth, whichever is
greater.
(b) Side yards. The minimum side yard shall be twenty (20)
feet in the case of an interior side yard and twenty-five (25)
feet in the case of an exterior side yard, or ten percent (10%)
of the lot width, whichever is greater.
(c) Rear yard. The minimum rear yard shall be fifty (50)
feet in the case of a single-story structure and sixty (60) feet
in the case of a multi-story structure, or twenty-five percent
(25%) of the lot depth, whichever is greater.
(d) Determination of yards for flag lots. On a flag lot
with an average width that exceeds its average depth, the longer
dimension may be considered the depth for the purpose of measur-
ing the front, side and rear yards, unless to do so would impact
the lot's normal yard orientation in relation to adjacent lots.
SECTION 24. Section 15-45.030 in Article 15-45 of the City
Code is amended to read as follows:
S15-45,030 Allowable floor area
(a) Definition. As used in this Article, the term "allowa-
ble floor area" means the maximum gross 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 fif-
teen (15) feet or greater shall be doubled. The allowable floor
area is based upon the size and slope of the lot and the height
of the main structure to be constructed or existing thereon as
14
computed in accordance with the provisions of this Section.
(b) Maximum standards. The standards set forth in this
Section 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 neces-
sary 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 (10%), 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 Percentage of Net Site
of the lot 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 Paragraph
(c) above, if any, the floor area standard for the lot shall be
determined in accordance with the table set forth below:
Size of Lot Floor area
(net site area) Standard
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.,
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.,
40,001 - 80,000 sq. ft. 6,000 sq. ft. plus 20 sq.
ft. for each 1,000 sq.
ft. of net site area
15
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 max-
mum allowable square
footage.,
*Where division of the net site area by 1000 results in a frac-
tional number the product shall be rounded up to the next whole
number.
(e) Maximum floor aEea allowed for R-l, NHR, HCRD & A Zone
districts. The maximum allowable floor area shall be as pre-
scribed in the following table:
Zone District Maximum floor area
R-l-10,000 4,400
R-1-12,500 4,830
R-l-15,000 5,220
R-1-20,000 6,000
R-i-40,000 7,200
HC-RD, NHR & A 8,000
(f) Floor area reduction for certain zone districts. After
the allowable floor area is calculated in paragraphs (d) & (e)
above, the maximum allowable floor area for all structures shall
be reduced by 1.5% for each one (1) foot of maximum building
height exceeding 18 feet for all lots located in any R-1 zone
district.
The maximum building height shall be determined to mean the
height of any existing or proposed main structure located on the
site. The maximum building height for any main structure shall
be determined in the manner prescribed in Section 15-
06.340.
The Planning Commission may grant an exception to permit
additional floor area up to the maximum prescribed in paragraphs
(d) & (e) above, provided that all of the following findings are
made:
1. There is a predominance of two story structures in the
neighborhood; and
2. All the findings in Section 15-45.080(a-f) are present.
SECTION 25. Section 15-45.030(d) of the City Code is hereby
repealed.
16
SECTION 26. Section 15-45.040 in Article 15-45 of the City
Code is amended to read as follows:
815-45.040 Setbacks
(a) Where a new structure or an addition to an existin9
structure, located within an R-1-10,000, R-1-12,500 or R-1-15,000
district will exceed eighteen (18) feet in height, the required
setback from each property line of the site shall be increased by
one (1) foot for each one (1) foot of height in excess of eight-
een (18) £eet,
SECTION 27. Section 15-45.080 in Article 15-45 of the City
Code is amended to read as follows:
S15-45.080 Design Review Findings
The Planning Commission shall not grant design review ap-
proval 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:
(i) the nature and location of residential structures on adjacent
lots and within the neighborhoods; and (ii) community viewsheds
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 and undeveloped areas.
(c) Minimize perception of excessive bulk. The proposed
main or accessory structure in relation to structures on adjacent
lots, and to the surrounding region, will minimize the perception
of excessive bulk and will be integrated into the natural envi-
ronment.
(d) 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 the immediate neighborhood and within the same
zoning district; and (ii) the natural environment; and shall not
(i) unreasonably impair the light and air of adjacent properties
nor (ii) unreasonably impair the ability of adjacent properties
to utilize solar energy.
(e) Current grading and erosion control methods. The
proposed site development or grading plan incorporates current
grading and erosion control standards used by the City.
17
(f) Design Policies and Techniques, The proposed main or
accessory structure will conform to each of the applicable design
policies and techniques set forth in the Residential Design
Handbook and as required by Section 15-45.055.
SECTION 28. Section 15-70.020 is amended to read as follows:
S15-70,020 Authority to grant variances
(a) The Planning Commission is hereby designated as the
approving authority under this Article with power to grant vari-
ances from the regulations prescribed in this Chapter with re-
spect to site area, site frontage, width and 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, walls
and hedges, and alteration or expansion of non-conforming struc-
tures, in accordance with the procedures and requirements set
forth in this Article.
(b) No variance for setbacks, distance between structures,
fences, walls and hedges shall be required, however, for new main
structures proposed to be built on existing grading pads where:
(1) The pads were graded pursuant to an approved tentative
map, recorded final map and approved grading plan, consist-
ent with the final map; and
(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 plans,
discussion in staff reports or public hearing minutes,
applicable environmental documents, adopted findings and a
resolution approving the project and in adopted conditions
of approval.
The Planning 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.
SECTION 29. Section 16-15.210 in Article 16-15 of the City
Code is amended to read as follows:
816-15,210. Section 7018 added to Appendix chapter 70
concerning general provisions
Section 7018 is added to Appendix Chapter 70 of the Building
Code, to read as follows:
18
Sec. 7018: General Provisions
(a) Restricted hours. Unless specifically exempted, grad-
ing will be restricted to the hours between 7:30 a.m. and
6:00 p.m., Monday through Friday, except in the event of an
emergency which imperils the public safety. The building
official may grant an exemption upon his determination of an
emergency.
(b) Dust and dirt control. Graded surfaces shall be wetted
or suitably contained to prevent public nuisance from dust
or spillage on City streets or adjacent properties. Equip-
ment, materials and roadways on the site shall be used in a
manner or treated to prevent excessive dust conditions.
(c) Restrictions. Portions of a site exceeding thirty
(30%) percent slope shall not be graded without prior spe-
cific approval by the Planning Commission. Grading shall be
minimized in areas classified in the City's geologic maps as
Ps or Pd. Grading which would unreasonably affect the
natural character of the area shall not be permitted. No
building site shall be graded so as to create a flat visible
pad surrounding the main residential structure.
(d) Cut and fill slopes. Notwithstanding any other provi-
sion of this code to the contrary, visible cut or fill
slopes shall not exceed three horizontal to one vertical.
(e) Corrective grading. Corrective grading for existing or
proposed developments may be permitted with prior specific
approval by the Planning Commission based upon findings that
the corrective grading: (i) is consistent with the objec-
tives of Chapter 15 of the Saratoga City Code and with the
Saratoga General Plan; (ii) is necessary to minimize risks
from geologic hazards; (iii) will not result in irrevocable
damage to the City's scenic resources; (iv) will produce a
benefit to the general public greater than the environmental
impact of the corrective grading; and (v) will not result in
the removal of any protected tree, as described in Section
15-50.050.
(f) Special precautions. If the building official deter-
mines by inspection that the nature of the formation is such
that further work as authorized by the existing permit is
likely to endanger any property or public way, the building
official may, as a condition of work, require reasonable
safety precautions to avoid the likelihood of danger. Such
measures as flatter exposed slopes, additional drainage
facilities, berms, terracing, compaction, cribbing or in-
stallation of plant materials for erosion control may be
required. If storm damage is anticipated, work may be
stopped until temporary planting, structures or other tempo-
rary measures have been taken to control erosion and protect
adjoining property.
19
(g) Damaging graded lands. No person shall directly or
indirectly damage or destroy any ground cover, planting,
berms, drains, drainage terraces, ditches, swales, riprap or
other drainage structures and erosion controls which are
planted or constructed pursuant to this Code, or in accord
with any of the regulations or requirements of the building
official or the Planning Commission, or pursuant to any site
development plan filed in accord with the Subdivision Ordi-
nance of the City.
(h) Compliance with other ordinances. The building offi-
cial shall not issue a grading permit for any grading as a
building lot or site unless all proposed uses shown on the
grading plans for the lot or site will comply with all
applicable provisions of both the Zoning Ordinance and
Subdivision Ordinance of the City, and with all other provi-
sions of this Code, or unless such grading and the proposed
uses are consistent with the General Plan. Any grading
permit issued in violation of this Section shall be void and
of no force and effect.
SECTION 30. A new Section 16-15.220 is added to Article 16-15
of the City Code, to read as follows:
S16-15.220 General requirement for grading permit
Notwithstanding any provision of the Building Code to the
contrary, a grading permit shall be required for any cut or fill
exceeding a quantity of ten cubic yards, or any increase or
decrease in the elevation of any portion of a lot by more than
one foot, except for changes in elevation for the construction or
installation of any building foundation, basement, pool or other
structure for which a building permit has been issued by the City
and the excavated material is removed from the site.
SECTION 31. 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, 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 32. This Ordinance shall be in full force and effect
thirty (30) days after its passage and adoption.
20
The above 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 of the City
of Saratoga, held on the ~ day of November , 1991, by
the following vote:
AYES: Counc i l members MQnj a~ ~nd 'Stutz~i~n~ .Ma~r~i(G'h] er
NOES: Councilmembers Anderson and Clevenger
ATTEST:
City Clerk "'
'The above and Pore oing is a true and correct
copy o~ .~)i-d na?ce ~j~ f - which has been
publi h~ ~l~c'''~l'~'n~j to taw, ~,/~D~te¢3'
' Gterk