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HomeMy WebLinkAboutOrdinance 223 - updating Code 15-06 ORDINANCE 223 AN ORDINANCE UPDATING AND ADDING VARIOUS DEFINITIONS TO 15-06 OF THE SARATOGA CODE THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declares as following: 1. That the proposed amendments will not be detrimental to the public health, safety or welfare, nor be materially injurious to the properties or improvements in the vicinity in that said amendments implement sound planning techniques. 2. That the proposed amendments provide clarification and implement plauning practices that protect neighborhood integrity. 3. The Planning Commission has conducted a public hearing to consider amendments to the zoning code with respect to the definitions of commonly used planning terms. 4. This ordinance amends the City Code to provide guidance to citizens, applicants and city staff. Section 2. Adoption. Section 15-06 of the Saratoga City Code is hereby amended as set forth below. DEFINITIONS 15-06.005 Application of definitions. The definitions set forth in this Article shall be applied throughout this Chapter, unless the context or the provision clearly requires otherwise. 15-06.010 Abandon. "Abandon" means to cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, reconstructing, replacing, maintaining or otherwise improving or rearranging a site or structure, or during normal periods of vacation or seasonal closure, or during brief periods of discontinuance in connection with a pending sale or other transfer of ownership or management of a use or structure. 15-06.01I Abatement. "Abatement" means the act of eliminating the condition that causes a nuisance. 15-06.020 Abutting. "Abutting," means having property lines or district lines in common. 15-06.021 Access. "Access" means a way or means of approach to provide vehicular or pedestrian physical entrance to a property. 15-06.022 Accessory Structure. "Accessory Structure" means a structure detached from the main structure on the lot and incidental and subordinate to the main structure or use, but not including Second Dwelling Units. 15-06.023 Accessory Use. "Accessory Use" means a use of land or a building or portion thereof incidental and subordinate to the principal use of the lands or building and located on the same lot with the principal use. 15-06.024 Acre. "Acre" means a measure of land area containing 43,560 square feet. 15-06.030 Addition. "Addition" means any construction, which increases the size of a structure in terms of site coverage, height, or gross floor area. 15-06.040 Alley. "Alley" means a service roadway providing a secondary means of public access to abutting property and not intended for general traffic circulation. 15-06.050 Alteration. "Alteration" means any construction or physical change in the internal arrangement of rooms or the supporting members of a structure, or change in relative position of structures on a site, or substantial change in the exterior appearance of any structure. 15-06.051 Apartment Unit "Apartment Unit" means an independent, self-contained dwelling unit with one or more rooms with private bath and kitchen facilities in a building containing tbree or more such dwelling units. 15-06.052 Applicant "Applicant" means a person submitting an application for development. Where the Applicant is not the owner of the lot that is the subject of the application for development the, Applicant shall provide the approving authority with evidence that the application for development is authorized by the owner. 15-06.053 Application for Development "Application for Development" means the application form and all accompanying documents and exhibits required of an applicant by the approving authority for development application reVlew purposes. 15-06.060 Approving authority. "Approving authority" means the legislative body, commission, committee or official of the City designated under the provisions of this Chapter as having the authority to approve or deny a particular type of application. 15-06.061 Appurtenances "Appurtenances" means the visible, functional, or ornamental objects accessory to and part of buildings, such as; chimneys, flag poles, cupolas, spires, or antennas. 15-06.061 Architectural Feature "Architectural Feature" means a prominent or significant part or element of a building, structure, or site. 15-06.062 Architectural Style "Architectural Style" means the characteristic form and detail of buildings of a particular historic architectural context or period. 15-06.070 Attached. "Attached" means anything physically connected to a building or structure so as to become an integral part thereof. The term includes components of a structure joined together by a common wall, floor or ceiling. 15-06.080 Attic "Attic" means that part of a building that is immediately below and wholly or partially within the roof framing. 15-06.090 Basement. "Basement" means a space in a structure that is partly or wholly below grade and where the vertical distance .trom grade to a finished floor directly above such space is less than or equal to forty-two inches. (See Figure la) If the finished floor 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. On hillside lots, as defined in Section l5-06.420(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 1 b) 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) As used herein, the tenn "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 detennination for sites where it is unclear as to which is the natural and which is the finished grade. Basements are subject to the requirements ofSectÎon 15-80.035. 15-06.100 Bed and breakfast establishment. "Bed and breakfast establishment" means a structure designed as a single-family dwelling containing no more than three rooms, which rooms are rented for transient occupancy and breakfast is served to the guests on the premises. 15-06.105 Below Market Rate Dwelling Unit. "Below market rate dwelling unit" means a dwelling unit, which is rented, leased or sold to only households that qualify as lower, very-low, or extremely-low income households as those tenns are defined in the most recent Santa Clara County Housing and Urban Development Program Income Limits or, in the event that the most recent such report is more than five years old, in accordance with the definitions set forth in Health and Safety Code sections 50079.5, 50105, and 50106 as those sections exist as of the effective date of this restriction. 15-06.110 Block. "Block" means any lot or group of contiguous lots on one side of a street and lying between intersecting streets, railroad rights-of-way, waterways or unsubdivided land. 15-06.120 Building. "Building" means any structure used or intended for supporting or sheltering any use or occupancy. 15-06.122 Building, Main. "Building, main" means a building in which is conducted the principal use of the parcel and/or building site on which it is situated. 15-06.125 Building site. "Building site" means a lot, occupied or to be occupied by a main building and accessory buildings, or by a dwelling and its accessory buildings, together with such open spaces as are required by the terms of this chapter and having its principal frontage on a street, road, or highway. 15-06.130 Cabana. "Cabana" means an accessory structure designed for use as a bathhouse or recreation room in connection with use of a swimming pooL 15-06.140 Carport. "Carport" means an accessory structure or a portion of a main structure designed for the storage of motor vehicles having a permanent roof and not fully enclosed on all sides. 15-06.150 Clinic. "Clinic" means a facility for the medical diagnosis and treatment of outpatients. 15-06.160 Community facility. "Commnnity facility" means a place, structure, area or other facility used for and providing fraternal, social or recreational programs or activities generally open to the public. The term includes parks, swimming pools, recreational courts, community centers, libraries, museums, and golf courses. 15-06.165 Community view sheds. "Community view sheds," means any views, which are visible from an area, which has scenic value for the community. 15-06.170 Corral. "Corral" means an area enclosed by fencing for the keeping of equines or other livestock. 15-06.180 Covered parking. "Covered parking" means a garage or carport that provides full overhead protection from the elements with ordinary roof coverings. Canvas, lath, fiberglass, plastic and vegetation are not ordinary roof coverings and cannot be used in providing a covered parking space. 15-06.185 Creek bank. "Creek bank" means the sides of a watercourse, the top of which shall be the topographic line roughly parallel to stream centerline where the side slopes intersect the plane of ground traversed by the watercourse. Where banks do not distinguishably end, City or Santa Clara Valley Water District shall determine the top of such banks. 15-06.190 Day care facility. "Day care facility" means the use of a site or portion of a site for a group day care program for eight or more clients other than those resident on the site. The term includes nursery school, preschool and similar facilities. 15-06.200 Detached. "Detached" means a building or structure, which IS not attached to any other building or structure. 15-06.204 Development. "Development" means, on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Govemment Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes. 15-06.210 District. "District" means a portion of the City within which certain uses ofland and structures are permitted, conditionally permitted, or prohibited and within which certain yards and other open areas are required and certain height limits and design standards are established for structures, all as set forth and specified in this Chapter." 15-06.220 Drive-through service. "Drive-tbrough service" means a feature or characteristic of a use involving the sales of products or provision of services to occupants in motor vehicles, including drive-in or drive-up windows. 15-06.230 Driveway. "Driveway" means a private roadway servicing up to four parcels, the use of which is limited to persons residing or working on the site and their visitors, which provides access to off-street parking or loading spaces on the site. 15-06.240 Dwelling. "Dwelling" means a permanent building or a portion of a pennanent building used as the personal residence of the occupants thereof, excluding trailers, campers, recreational vehicles, hotels, motels, bed and breakfast establishments, tents and temporary structures. (a) Dwelling unit means a room or group of rooms including living, sleeping, eating, cooking and sanitation facilities, constituting a separate and independent housekeeping units, occupied or intended for occupancy by one family on a permanent basis and having not more than one kitchen. (b) Single-family dwelling means a dwelling unit constituting the only main structure upon a single building site. (c) Multi-family dwelling means a structure or site containing more than one dwelling unit, designed for occupancy by more than one family living independently of each other, and doing their own cooking in the building. However, a single-family dwelling and a lawful second unit dwelling located upon the same site shall not be deemed a multi-family dwelling. (d) Second unit dwelling means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons, including permanent provisions for living, cooking, sleeping and sanitation on a parcel within the A, R-l, or HR district where a legally created single-family dwelling is situated. Second dwelling units are not to be sold separately ITom the primary dwelling, but may be rented. 15-06.250 Emergency access. "Emergency access" means a street, which is gated or otherwise closed to regular use by vehicular traffic and intended for use by vehicular traffic only in the event of emergency. 15-06.255 Equestrian zone. "Equestrian zone" means an area of the City where equines may be maintained for private use and commercial or community stables may be maintained only in such zoning districts and only with such minimum site areas and minimum distances of stables and corrals from property lines and other structures as permitted under the applicable zoning regulations set forth in Chapter 15 of this Code. 15-06.260 Family. "Family" means an individual or two or more persons occupying a dwelling unit and living together as a single housekeeping unit in which each occupant has access to all parts of the dwelling unit. A family shall be deemed to include necessary household help. The term shall not include a group of persons occupying a hotel, motel, bed and breakfast establisbment, nursing home, or institution of any kind. 15-06.261 Fence. "Fence" shall mean any structural device, other than a wall of a building, forming a physical barrier by means of glass, wood, masonry, metal, chain, brick, stake, plastic or other similar materials. 15-06.270 Financial institution. "Financial institution" means a bank, savings and loan association, credit union, thrift association or similar organization. 15-06.280 Floor area. Floor area means the total habitable and/or accessible floor space under roof of all floors of a building measured to the outside surfaces of exterior walls, including halls, stairways, elevator shafts, ducts, service and mechanical equipment rooms, interior courts, underfloor areas with an interior height of five feet or greater, porches, verandas and similar building elements with a solid roof and enclosed on tbree or more sides, garages and enclosed accessory structures. In the case of a sloped ceiling or ground surface, the floor area shall be measured to the point at which the interior height is less than five feet. The term "interior courts" as used in this section means an area within the structure enclosed on all sides. Floor area does not include basements, exterior roof overhangs, exterior unenclosed balconies, inaccessible attic areas, unenclosed accessory structures and unenclosed areas underneath exterior decks or balconies. The term "enclosed" as used in this section means a structure with tbree or more walls, or an equivalent percentage of enclosure for an area with more than four walls, and a solid roof. 15-06.290 Frontage. "Frontage" means the property line of a site abutting on a street. In the case of a comer lot, the nontage shall be that property line abutting on a street, which does not result in the creation of a nonconfonning lot with respect to nontage, width or depth. If more than one property line of a comer lot abutting on a street can be designated as nontage without creating a nonconfonning lot, then any of such property lines may be deemed the nontage. 15-06.295 Game arcade. "Game arcade" means an establishment having more than three coin or token operated pinball machines, video games or other fonn of mechanical or electronic games or any combination thereof, available for use by the general public. A game arcade may exist as either a principal use or as an incidental use conducted by another principal use on the site. 15-06.300 Garage. "Garage" means an accessory structure or a portion of a main structure that has a pennanent roof, is fully enclosed on all sides, and is designed for the storage of motor vehicles. 15-06.310 Gasoline service station. "Gasoline service station" means a place where gasoline, oil, tires, small parts and accessories for the operation of motor vehicles are offered for sale to the public, and servicing incidental thereto, including the washing of vehicles where no chain conveyor, blower or steam cleaning device is used. 15-06.320 General Plan. "General Plan" means the current General Plan as adopted by the City pursuant to the requirements of the Government Code and includes, for the purposes of this Chapter, any specific plan applicable to the site. 15-06.325 Geotechnical clearance. "Geotechnical clearance" means a written acknowledgement nom the City Engineer indicating that: (a) The applicant has identified all geological and geotechnical hazards and constraints present on the site; (b) The applicant has evaluated those hazards and constraints identified in subsection (a) which would affect the proposed development of the site or impact adj acent properties, as required by the City Engineer and City Geotechnical Consultant; (c) The applicant has developed appropriate measures to avoid and/or mitigate those hazards and constraints evaluated in subsection (b) to the satisfaction of the City Engineer and City Geotechnical Consultant; (d) The applicant has paid all fees associated with the City Geotechnical Consultant's review of the application. Geotechnical clearance does not and shall not be construed as constituting an approval or entitlement of any form or type. 15-06.330 Guest house. "Guest house" means an accessory structure containing a lodging unit without kitchen facilities, and used to house occasional visitors or nonpaying guests of the occupants of a dwelling unit on the same site. 15-06.340 Height of Buildings "Height of Building" means the vertical distance fi'om the average of the highest and lowest point of the lot at the building's edge, measured rrom natural grade, of that portion of the lot covered by the building to the topmost point of the roof excluding appurtenances, unless otherwise specified in this chapter. The Community Development Director, through the use of the best available information, such as tract grading plans, vegetation, and neighborhood topography or existing grades, shall determine natural grade. 15-06.341 Height ofFences, walls and hedges "Height of fences, walls and hedges" means a vertical line ITom 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 constructed upon, or approximately parallel to and within two feet of the top of a retaining wall, the height of the fence shall be the vertical distance measured rrom the top of the fence to the bottom of the retaining wall in the manner prescribed herein. 15-06.350 Home occupation. "Home occupation" means any activity which is the conduct of an art or profession, the offering of a service, the conduct of a business or the handcraft manufacture of products in a dwelling unit solely by the occupants thereof, in a manner incidental and secondary to the use of the dwelling for dwelling purposes, and in accord with the provisions of this Code. 15-06.360 Hotel. "Hotel" means a structure or portion thereof or a group of attached or detached structures containing individual guest rooms or suites where lodging is provided primarily to transients for compensation. The term includes motel, inn, tourist court, bed and breakfast establishment, or similar use. 15-06.370 Impervious surface. "Impervious surface" means any structure or hard surface which substantially impairs the natural penneability of the soil, including, but not limited to, solid surface decks and patios, accessory structures, swimming pools, recreational courts, paved driveways and parking areas, and surfaces comprised of gravel, clay, bricks with sand, or concrete. 15-06.380 Institutional facility. "Institutional facility" means a place, structure or area operated by a public or private organization or agency, used for and providing educational, residential, or health care services to the community at large. The tenn includes residential developments and health care facilities operated by non-profit organizations, and both public and private schools or colleges 15-06.385 Intermittent stream. "Intennittent stream" means a watercourse with seasonal water flow and dry in dry seasons. 15-06.390 Keeping; keeping for private use. (a) Keeping, in relation to the keeping of animals, means the harboring or maintaining possession of any animal on a site together with the maintenance of such animal by the feeding or otherwise supplying of necessities of life to the same. Any animal physically present on a site for a continuous period in excess of seventy-two hours is being kept, within the meaning of this definition, by the owner or other occupant ofthe site. (b) Keeping for private use, in relation to the keeping of animals, means the keeping of an animal owned by the owner of the site where such animal is kept, for the private use by such owner and his guests as a use accessory to a dwelling on the same site, and not for remuneration, hire or sale. 15-06.400 Kitchen. "Kitchen" means a room designed, intended or used for the cooking and preparation of food. 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 gnardrails and gates in compliance with the Unifonn Building Code. 15-06.410 Loading facility. "Loading facility" means an area on a site or within a building, or both, used or intended for use for the loading or unloading of goods from a motor vehicle or trailer in connection with the use of the site on which such facility is located. The loading facility area on the site may include loading berths, aisles, access driveways, turning and maneuvering areas, clearances and similar features, which meet the requirements established by this Chapter. 15-06.420 Lot. "Lot" means a parcel of land consisting of a single lot of record. (a) Lot of record means a lot which is part of a subdivision and shown on a map thereof as recorded in the office of the County Recorder, or a legally created parcel of land described by metes and bounds or shown on a parcel map which has been so recorded. (b) Corner lot means a lot abutting the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a comer lot if straight lines drawn from the intersections of the lot lines with the street lines meet at an interior angle of one hundred thirty- five degrees or less, or if the centerline of the street abutting the lot has an interior angle over the distance of any curve of one hundred thirty-five degrees or less. (c) Interior lot means a lot other than a comer lot. (d) Flag lot means a lot having access to a street by means of a private driveway or corridor of land not otherwise meeting the requirements of this Chapter for site width. The length of a corridor access shall be measured from the frontage line to the nearest point of intersection with that property line parallel or most nearly parallel to the frontage line. (e) Hillside lot means a lot having an average slope of ten percent or greater. (f) In-fill lot means a lot surrounded by other developed lots in at least three out of four northern, southern, eastern or western directions. (g) Reversed corner lot means a comer lot, the side lot line of which is substantially a continuation of the front lot line of the first lot to its rear. (h) Double frontage lot means an interior lot having frontage on two parallel or approximately parallel streets. 15-06.430 Lot line. "Lot line" means any boundary of a lot. (a) Front lot line means, on an interior lot, the lot line abutting a street, or, on a comer lot the shortest dimension of the lot fronting the street, or, on a double frontage lot, the lot line abutting the street providing the primary means of access to the lot, or, on a flag lot, the interior lot line most parallel to and nearest the street from which the means of access is obtained, except that where the average width of a flag lot exceeds its average depth and the longer dimension is considered the depth, the front lot line will be the property line from which the front yard is measured. (b) Rear lot line means the lot boundary opposite, or approximately opposite the front lot line. A lot bounded by only three lot lines will not have a rear lot line. ( c) Side lot line means any lot line which is not a front or rear lot line. (d) Interior lot line means any lot line not abutting a street. (e) Exterior lot line or street lot line means any lot line abutting a street. (f) The Community Development Director may assign or designate lot lines for irregular shaped parcels. 15-06.440 Repealed. 15-06.445 Mixed Use Development. The development of a lot or building with two or more different land uses, such as residential, commercial, office or public. 15-06.450 Motel. "Motel" means hotel, as defined in Section 15-06.360. 15-06.460 Nonconforming. "Nonconfonning" means not in confonnity with any of the regulations set forth in this Chapter. (a) Nonconfonning use means a use of a structure or site, or both, which was lawfully established or maintained in compliance with all zoning regulations then applicable to such use, but which, by virtue of a subsequent rezoning, reclassification, or the adoption of or change in use regulations, no longer confonns with the use regulations of the district in which it is located. (b) Nonconfonning structure means a structure which was lawfully constructed in compliance with all zoning regulations then applicable to the site, but which, by virtue of a subsequent rezoning, reclassification, or the adoption of or change in zoning regulations, no longer confonns with the standards of size, coverage, yard spaces, height, distance between structures, or other regulation ofthis Chapter for the district in which the structure is located. (c) Nonconfonning facility means a structure or site, which confonns with the regulations of this Chapter but is used or occupied by one or more nonconfonning uses. (d) Nonconfonning lot means a single and separate parcel of land, which was legally created, and a legal building site at the date of adoption of an ordinance rendering it nonconfonning. (e) Nonconfonning site means a site which was lawfully created in compliance with all zoning and subdivision regulations then applicable to the site, but which, by virtue of subsequent rezoning, reclassification, or the adoption of or change in zoning regulations, no longer confonns with the standards of area, rrontage, width, depth, or other regulation of this Chapter for the district in which the site is located. 15-06.470 Nursing home. "Nursing home" means a residential structure in which nursing, dietary and other personal services are rendered to six or more convalescents, invalids or elderly persons residing at the facility, and in which surgery or other medical treatment customarily given in hospitals is not perfonned. A convalescent home or rest home shall be deemed a nursing home. The tenn shall not include a so-called half-way house or rehabilitation center occupied by persons under treatment for alcoholism, drug abuse or any contagious disease. 15-06.480 Office. (a) Professional office means a use providing professional or consulting services. (b) Administrative office means a use providing facilities for tbe conduct of management and administrative functions of a business or other enterprise. (c) Medical office means a use providing consultation, diagnosis, therapeutic, preventative, or corrective personal treatment services by doctors, dentists, and similar practitioners of medical and healing arts for humans. 15-06.485 Open space. "Open space" means as defined in the Open Space Element of the General Plan. 15-06.487 Parking District "Parking District" means an assessment district formed by the City of Saratoga for the purpose of providing shared parking for several individual properties. 15-06.490 Parking facility. "Parking facility" means an area on a site or witbin a building, or both, used or intended for use for parking of one or more motor vehicles, including aisles, access driveways, turning and maneuvering areas, clearances and similar features, and meeting the requirements established by this Chapter. The term includes garages, carports, parking lots and parking structures. 15-06.495 Perennial stream. "Perennial stream" means a watercourse of persisting water flow throughout the year. 15-06.500 Repealed. 15-06.510 Repealed. 15-06.516 Quasi-Public Use. "Quasi-Public use" means a use owned or operated by a nonprofit, religious, medical or charitable institution, having tbe primary purpose of serving the general public and providing educational, cultural, recreational, religious, or similar types of programs. 15-06.520 Property line. "Property line" means lot line, as defined in Section 5-06.430. 15-06.525 Protected creek. "Protected creek" means any creek identified in the most recently available Maps of Flood Control Facilities and Limits of One Percent Flooding prepared by the Santa Clara VaHey Water District, and as may be amended from time to time. 15-06.530 Recreational court. "Recreational court" means any planked, paved or otherwise hard surfaced outdoor area used primarily for athletic activities, other than swimming pools, and including, but not limited to, courts for tennis, racquetbaH, paddle baH, squash, basketbaH, and similar activities. 15-06.540 Religious institution. "Religious institution" means a use providing facilities for organized religious worship and religious education and other activities incidental thereto. A property tax exemption obtained pursuant to Section 3(f) of Article XIII of the State Constitution and Section 206 of the State Revenue and Taxation Code, or successor legislation, constitutes prima facie evidence that such use is a religious institution. 15-06.550 Restaurant. "Restaurant" means any eating or drinking establishment having seating capacity which sells or offers for sale to the public any food or drink for immediate human consumption on the premises, and includes any coffee shop, cafeteria, short order cafe, luncheonette, tavern, bar, soda fountain or dining room. 15-06.557 Restriction. "Restriction" means a limitation on property that may be created in a property deed, lease, mortgage, through certain zoning or subdivision regulations, or as a condition of approval of an application for development. 15-06.560 Retail establishment. "Retail establishment" means a use engaged in providing retail sale or rental of items primarily intended for consumer or household use. (a) Extensive retail establishment, as used with respect to parking requirements, means a retail use having more than seventy-five percent of the gross floor area used for display, sales and related storage of bulky commodities, including household furniture and appliances, lumber and building materials, carpeting and floor coverings, air conditioning and heating equipment, and similar goods, which uses have demonstrably low parking demand generation per square foot of gross floor area. (b) Intensive retail establishment, as used with respect to parking requirements, means any retail use not defined as an extensive retail establishment. 15-06.570 Right-of-way. "Right-of-way" means a strip or area of land used, or reserved or intended for use, as a street, road or alley, or to provide pedestrian or equestrian access, or public utility service, or any combination thereof, and includes all and any part of the entire width or other area of a designated right-of-way, whether or not such entire width or area is actually used for street, road, alley, pedestrian, equestrian or utility purposes. "Right-of-way" includes access, pedestrian, equestrian and utility easements. (a) Public right-of-way means a right-of-way owned by the City or any other public entity or public utility. (b) Private right-of-way means a right-of-way owned by and for the benefit of one or more persons, including a right-of-way offered for dedication to the City or to any other public entity which has not been accepted and on which no improvements or maintenance has regularly been performed by the City or other public entity. (c) Railroad right-of-way means a strip of land on which railroad tracks, spur tracks, sidings, switching equipment and signals are located, and includes the entire width or other area of the designated right-of-way, whether or not the entire width or area is actually used for such railroad facilities. 15-06.575 Repealed. 15-06.580-Repealed. 15-06.585 Service establishment. "Service establishment" means a use, not conducted within an office, providing services for the personal care of an individual or the fitting, cleaning, repair or maintenance of personal effects and not primarily for the sale of goods or merchandise. 15-06.587 Setback. "Setback" means the minimum distance between the structure and any lot line. 15-06.590 Setback line. "Setback line" means a line that is located at the required minimum distance rrom any lot line, which establishes area within which the principal structure, a fence or a wall greater than six (6) feet, and certain enclosed accessory structures listed in Section 15-80.030(d) must be erected or placed. 15-06.600 Shopping center. "Shopping center" means a group of five or more retail service establishments, planned, developed, owned or managed as a unit, with off-street parking provided on the site. 15-06.565 Sight Triangle "Sight triangle" means a triangular-shaped portion of land established at street intersections pursuant to Section l5-29.010(e) in which nothing is erected, placed, or planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorist entering or leaving the intersection. 15-06.610 Sign. See Section 15-30.020 in this Chapter for definition of sign, sign area, sign height, sign program, illuminated sign, free standing sign, portable sign, identification sign, construction sign, directional sign, gasoline price sign, open house sign, political sign, real estate sign, special event sign and subdivision sign. 15-06.620 Site. "Site" means a lot, as defined in Section 15-06.420. (a) Gross site area means the total horizontal area included within the property lines of a single site. (b) Net site area means that portion of gross site area remaining after deducting therefrom the following: (I) Any portion of a site within the right-of-way of an existing public or private street, road or access easement, except an emergency access street. (2) Any portion of a site within the proposed right-of-way of a future street (except an emergency access street), as shown on an approved tentative subdivision map or a recorded subdivision map. (3) The portion of a flag lot constituting tbe access corridor lying between the front lot line and the frontage line of tbe corridor at the street. (4) Any portion ofa site witbin an easement to the Santa Clara Valley Water District. (5) Those areas which are classified by tbe City Geologist as "Md" or "Mrf;" and (6) Any quarries, unless shown to be suitable for development, as detennined by a detailed geotechnical analysis approved by the City Geologist. (c) Site frontage means the length of tbe front lot line. (d) Site width means the horizontal distance between side lot lines, measured at right angles to tbe site depth at a point midway between the front and rear lot lines, or if there is no rear lot line, at the midway points ofthe intersecting side lot lines. ( e) Site depth means the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no rear lot line. (f) Site coverage means the percentage of net site area covered by impervious surfaces including all structures, open or enclosed, or projections of structures. 15-06.630 Slope. "Slope" means the average slope of the net site area detennined by the following fonnula, and rounded to the nearest whole percent: Average slope is .00229/ I x L = A Where: I = Contour intervals in feet (at intervals of not more than five feet.) L = Combined length of contour lines in feet A = Net site area expressed in acres 15-06.640 Stable. "Stable" means any building or structure or portion thereof designed or used for the housing or feeding of a equine or equines or other livestock. (a) Boarding stable means any stable or corral where equines are lodged or fed for remuneration. (b) Commercial stable means any establishment providing services or shelter for equines owned and used by someone other than the occupant or owner of the residence and including but not limited to boarding stables, riding schools, related shows, lessons, clinics and similar activities, but not including community stables. (c) Community stable means a private stable or corral designed, owned and used solely by residents and guests of a particular area, for the keeping or use of equines in private ownership, for homeowners, private clubs, or riding schools, where riding lessons are not open to the public and no equines are offered to the public for remuneration, hire or sale. 15-06.650 Storage. (a) "On-site storage" means the use of a site or structure, or portion thereof, for the keeping of materials, supplies, inventory, equipment, or other items of personal property owned by the occupant of the site or structure and kept in connection with such occupant's use of the premises. "Storage" does not include any area where merchandise offered for sale is on display or where retail services are otherwise being rendered, nor does the tenn include any area generally accessible to persons other than the occupant who may lawfully come upon the premises. (b) "Off-site storage" means the use of a site or structure, or portion thereof, for the keeping of materials, supplies, inventory, equipment, or other items of personal property which is not owned by the occupant ofthe site or structure. 15-06.655 Story. "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 fÌom being considered a story. 15-06.660 Street. "Street" means an existing pelffianent public or private right-of-way, which is used as the principal means of access to abutting properties. (a) Public street means a street owned and maintained by the City, the County or the State, including streets offered for dedication, which have been regularly maintained or improved by the City, the County or the State. (b) Private street means a street in private ownership and used or intended for motor vehicle travel by the owners of the street and persons having express or implied pelffiission trom the owners to use such street. Driveways serving four or fewer parcels are not considered streets. (c) Street line means the boundary of a street right-of-way. (d) Emergency access street. See Section 15-06.250. 15-06.670 Structure. "Structure" means that which is built or constructed which requires a location on the ground, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. "Structure" includes retaining walls, decks, patios, swimming pools, and recreational courts but does not include a fence not exceeding six feet in height. (a) Main structure means a structure housing the principal use of a site or functioning as the principal use. (b) Accessory structure means a detached structure, the use of which is subordinate and incidental to, and customarily associated with, the main structure or the principal use of the site, and which is located on the same site as the main structure or principal use. The telffi includes, but is not limited to, detached garages or carports, cabanas, gazebos, arbors, sheds. 15-06.680 Subdivision Ordinance. "Subdivision Ordinance" means the subdivision ordinance of the City as contained in Chapter 14 ofthis Code. 15-06.690 Swimming pool. "Swimming pool" means a pool, pond, open tank or tub capable of containing water to a depth of two feet at any point, the primary purpose of which is swimming, wading or other recreational use. The telffi includes spa and hot tub. 15-06.700 Use. "Use" means the conduct of an activity, or the perfolffiance of a function or operation, on a site or within a structure. (a) Principal use means a use, which fulfills a primary function of a household, establishment, institution or other entity, or the primary function of a site or structure. (b) Accessory use means a use, which is subordinate and incidental to, and customarily associated with, a specified principal use, and which is conducted on the same site as the principal use. (c) Permitted use means a use listed by the regulations of any particular district as a permitted use within that district, and generally permitted therein as a matter of right when conducted in accord with the purposes, objectives and regulations established by this Chapter. (d) Conditional use means a use listed by the regulations of any particular district as a conditional use within that district, and allowable therein solely on a discretionary and conditional basis, subject to the issuance of a conditional use permit and to all other purposes, objectives and regulations established by this Chapter. (e) Change of use means the replacement of an existing use by a new use, or a change in the nature of an existing use, but not including a change of ownership, tenancy, or management where the previous nature of the use, line of business, or other function is substantially unchanged. 15-06.702 Variance "Variance" means permission to depart from the literal requirements of the Zoning Ordinance with respect 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 structures, in accordance with the procedures and requirements set forth in this Chapter. The Planning Commission must make specific findings of fact (or the City Council on appeal) to grant this permission; see section 15-70 ofthis code. 15-06.704 Vested right "Vested right" means a right that cannot be changed or altered by subsequent changes III regulation. 15-06.710 Village. "Village" means the area of the City subject to the Saratoga Village Specific Plan, as adopted by the City on May 18, 1988, and classified pursuant to this Chapter as either CH-l or CH-2. 15-06.715 Watercourse. "Watercourse" means the elongated channel or depression whether natural or manmade, in which water does or may flow and may include the overflow area, if any, of such channel or depression. 15-06.720 Yard. "Yard" means an area within a lot, adjoining and measured from a lot, street or plan line for a specified distance, open and unobstructed except for the uses and structures otberwise permitted the regulations of this Chapter (a) Yard measurement. Required yards shall be measured as the minimum horizontal distance from the lot line to a line parallel thereto on tbe site, except in the following cases: (1) Where a street line is located within the site, the required yard shall be measured from such street instead of the lot line. (2) On a site, which is not rectangular or approximately rectangular in shape, required yards shall be measured in such manner as determined by tbe Community Development Director or as prescribed by the Planning Commission. (b) Front yard means a yard measured into a lot from the front lot line (or such other line as may be applicable under subsection (a) of this Section), extending the full widtb of the lot between the side lot lines intersecting tbe front lot line. (c) Rear yard means a yard measured into a lot from the rear lot line (or such other line as may be applicable under subsection (a) of this Section), extending the full width of the lot between the side lot lines intersecting tbe rear lot line, provided that for lots having no defined rear lot line, the rear yard shall be measured into the lot from the rearmost point of the lot depth to a line parallel to the front lot line. (d) Side yard means a yard measured into a lot from a side lot line (or such other line as may be applicable under subsection (a) of this Section), extending between the front yard and the rear yard. An exterior side yard is a side yard measured from an exterior lot line or a street or plan line; an interior side yard is a side yard measured from an interior lot line. 15-06.740 Zoning Map "Zoning Map" means the map or maps that are part of the zoning ordinance and delineate the boundaries of zone districts. 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 ofthe portion held invalid, and further declares its express intent that the remaining portions oftbis ordinance should remain in effect after tbe 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 fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the sth day of November, 2003, and was adopted by the following vote following a second reading on the 19th day of November, 2003: AYES: Councilmembers Stan Bogosian, Kathleen King, Nonnan Kline, Vice Mayor Ann Waltonsmtih, Mayor Nick Streit NOES: None ABSENT: None ABSTAIN: None NICK STREI ,MAYOR AT E$T: Q \ " {\\\) CA N BOYER, CITY CLERK APPROVED AS TO FORM: .:---.. --. RICHARD TAYLOR, CITY ATTORNEY