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Home My WebLink AboutOrdinance 209 ORDINANCE NO. 209 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF SARATOGA REGARDING REQUIREMENTS FOR BASEMENTS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. A. The Planning Commission has conducted a public hearing to consider amendments to the Zoning Ordinance with regard to requirements for basements in all zoning districts, and has adopted a Resolution recommending that the City Council amend Chapter 15 'Zoning Regulations' of the City Code. B. The Ordinance amends Chapter 15 'Zoning Regulations' of the City Code to provide clarification on the definition of 'Basement' and provide for adequate means to assess the impacts of basements for the general protection of the health, safety and welfare of the community. Section 2. Adoption. Specific sections in Chapter 15 'Zoning Regulations' of the City Code are hereby amended as set forth below. New and replacement text are indicated in bold italic font (e.g., bold italic) and deleted text is indicated in strikeout font (e.g., strikeout) The standard font of the City Code remains unchanged by this Ordinance. The amendment to Chapter 15 'Zoning Regulations' is as follows: 15-06.090 Basement. "Basement" means that portion of a structure located entirely below grade, except for the top of such basement which may extend for a vertical distance not exceeding two feet from the grade to the ceiling of the basement. As used herein, the term "grade" shall mean either the natural grade or finished grade adjacent to the exterior walls of the structure, whichever is lower. "Basement" means a space in a structure that is partly or wholly below grade and where the vertical distance from grade to a finished floor directly above such space is less than or equal to forty- two inches. (See Figure la) lfthefinishedfloor directly above the space is more than forty- two inches above grade at any point along the perimeter, such space shall be considered a story, and the entire space shall be included in the calculation of gross floor area. This requirement applies to all lots, with the exception of hillside lots. ~ .·~.w.w.w.·.·",·.·:-:·.·:-.·:-¡'. .. :·:·¡.;·:·¡.;·:·¡.;·:·¡.:·x-:·¡':·:-X·'¡,'·w.w.,,,,,: finished floor 42 inches .o..w....w.w.w"'"....!!:...""..... ~ Basement I I ----------... Section Figure la On hillside lots, as defined in Section 15-06.420(e), only the portion of space where the vertical distance of the finished floor directly above such space is more than forty-two inches above grade shall be counted as floor area and considered a story. The number of stories measured vertically at any given point shall not exceed the maximum number of stories allowed in each zoning district (See Figure Ib) However, if the vertical distance of the finished floor above the space is not more than forty-two inches above grade for at least eighty percent of area of such space, then the entire space is a basement that shall not be included in the calculation of gross floor area and shall not be considered a story. (See Figure 1 c) '-'~êF .·.·.,.".,·.w.w.·...w.·.·.w.w.,:.;«.»:.~.;.:.:.;. __ I I -- - - ~- -- - -- - -_: ~ Floor ~asement J r Area Area ~ (not a story) Portion where Section vertical height from floor above Less than 80% of area ~~ fn:~::-==- \""'"'""'t"''''''''''''''''''''11 Floor Area Basement j~~ (no floor area) ~r. ::::x=~x=::.::::::~::::;:;:~::::::.:::::::::=::.:::=:::::~:::::::~f Plan Figure Ib ~ .;.:-:.:.:.:.:.:.:.:.:.:.:.~:.:.:-:.:.:-:.:.:.~:.:-:.:.:-:.:.:-' -;.:-;.;-:-;,»:.;-;.:';.;.:.;.;.:.;.;.;.;.;.:.;.;.:-<;,:.;.;. Portion where ~:;::~~~~:r.? ~'W'W""'BW'W""""""'Wt"'V"'V'W: - asemen I _________..1 Section ~ rB t §i Basement ~ 80% of ... J asemen::;~ . (no floor area) H area of space I,S not <... ~~ more than 42 Inches i above grade ~ Plan Figure Ie As used herein, the term "grade" shall mean either the natural grade or finished grade adjacent to the exterior walls of the structure, whichever is lower. The Community Development Director shall make the determination for sites where it is unclear as to which is the natural and which is the finished grade. Basements are subject to the requirements of Section 15-80.035. 15.06.405 Lightwell "Lightwell" means an excavated area adjacent to a building that extends no more than four feet measured horizontally from the building perimeter to the interior wall of the lightwell, that is enclosed on four sides, that is open at the top, and allows light into a below grade level of a building. Lightwells shall have guardrails and gates in compliance with the Uniform Building Code. 15-45.065 Administrative design review. (a) In each of the following cases, no building permit shall be issued for the construction or expansion of a single-family structure or structure in any A, R- 1, HR, or R-OS district until such structure has received administrative design review approval by the Community Development Director, pursuant to this Article: (1) New single-story residences; (2) Major additions in size, defined as either the addition of fifty percent or more of existing main or accessory structure or as a one hundred square feet or greater addition to the second story of a main or accessory structure. (3) Addition of a basement to an existing structure and enlargement of existing basements. 15-80.035 Requirements for Basements and Lightwells. The following requirements shall apply to basements in any A, R-1, HR, R-OS or R-M district, with the exception of requirements (d) and (e) below, which shall apply to all districts: (a) A basement shall be located entirely beneath the building footprint of an enclosed accessory structure and/or the building footprint of the main structure, including attached garage, and shall not be located within any required yard. (b) A lightwell shall not be located within any required yard. (c) A basement shall be a one level structure with a maximum floor to ceiling height of twelve feet. Floor, in this case, means finished floor, and ceiling means the bottom level of the ceiling framing members. (d) All proposed basements and additions to basements shall obtain geotechnical clearance. The applicant shall submit to the Planning Department a geologic and geotechnical report prepared by a certified engineering geologist and registered geotechnical engineer. The geologic report shall include an analysis of groundwater conditions prepared by a certified hydrogeologist. (e) Applicant shall submit to the Planning Department a grading and drainage plan stamped and signed by a registered civil engineer. Water collected from a basement shall either be transported to a nearby City storm drain inlet or to another drainage facility. The method of drainage shall be reviewed and approved by the Community Development Director and the Public Works Department. The size of a proposed basement may be limited based on drainage issues or issues raised in the geologic and geotechnical reports. Section 3. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this Ordinance is severable and independent of every other section, sub- section, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub- paragraph, sentence, clause and phrase is held invalid, the City Council declares that it would have adopted the remaining provisions of this Ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this Ordinance should remain in effect after the invalid portion has been eliminated. Section 4. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation ofthe City of Saratoga within 15 days after its adoption. The foregoing ordinance was introduced at the regular meeting of the City Council of the City of Saratoga held on the 17th day of July 2002, and was adopted by the following vote following the waiver ofthe second reading on the 7th day of August, 2002. AYES: Councilmembers Stan Bogosian, John Mehaffey, Ann Waltonsmith, Vice Mayor Evan Baker, Mayor Nick Streit NOES: None ABSENT: None ABSTAIN: None ~. Nick Streit, Mayor ORM: '>.. - ----=. Richard Taylor, City Attorney