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HomeMy WebLinkAboutNS 3.71 ORDINANCE NO. NS 3.71 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING CERTAIN ZONING REGULATIONS PERTAINING TO USES, SITE COVERAGE, ACCESSORY STRUCTURES, DISTANCE BETWEEN STRUCTURES AND SETBACKS IN THE R-l, HC-RD AND NHR ZONING DISTRICTS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: SECTION 1: Paragraph (e) in Section 3.2 of Ordinance NS-3, relating to private stables and corrals as permitted uses in the R-1 districts, is amended to read as follows: "(e) Private stables and corrals for the keeping of one horse for each 40,000 square feet of gross site area; provided, however, that in the equestrian zone only, one additional horse may be permitted on the first 40,000 square feet of gross site area, and an additional horse may be permitted for each additional 40,000 square feet of gross site area. All horses shall be subject to the regulations and license provisions set forth in Division 5 of Article I in Chapter 8 of the City Code. No stable or corral shall be located closer than fifty feet from any property line of the site, or closer than fifty feet from any dwelling unit or swimming pool on the site." SECTION 2: Section 3.3 of Ordinance NS-3, relating to conditional uses in the R-1 districts, is amended by adding Paragraph (1), to read as follows: "(1) Cemeteries." SECTION 3: Subsection 3.7(a) of Ordinance NS-3, with respect to maximum coverage by impervious surfaces for lots within the R-l~20,000 and R-1-40,000 / districts, is amended as follows: Coverage, excluding Coverage on "District Hillside Lots HilLside Lots R-i-20,000 45% plus an additional 5% if such additional coverage is utilized exclusively for paths, decks or patios 45% R-I-40,000 35% plus an additional 5% if such additional coverage is utilized s/15/s5 -1- exclusively for paths, decks or patios 35%" SECTION 4: Paragraph (3) in Subsection 3.7(c) of Ordinance NS-3 is amended to read as follows: "(3) Where a second story is added to an existing single-story main structure~ or where a new multi-story main structure contains a portion thereof which is single-story and does not exceed twenty-two feet in height, the multi-story rear yard requirement shall be a[iplied only to that portion of the structure which is multi-story." SECTION 5: Section 3.7-1 of Ordinance NS-3 is amended to read as follows: "See. 3.7-1 Accessory structures in side and roar yards (a) No accessory structure shall be located in any roquired side or rear yard of any lot, except as follows: (1) Upon the granting of a use permit by the Site Review Committee pursuant to Article 16, cabanas, garages, carports, recreation rooms, hobby shops and other similar structures may be located no closer than six feet from the rear property line and shall not exceed eight feet in height, plus one additional foot in height for each three feet of setback from the rear property line in excess of six feet, up to a maximum height of ten feet if the structure is still located within the roquired rear yard. (2) Subject to approval by tile Director of Community Development and the provisions of Paragraph (b) of this Section, garden sheds, structures-for housing swimming pool equipment and other enclosed structures of a similar nature~ not exceeding two hundred fifty square feet in floor area, may be located no closer than six feet from the rear property line and shall not exceed six feet in height, plus one additional foot in height. for each additional foot of setback from the rear property line in excess of six feet, up to a maximum height of ten feet if the structure is still located within the roquired rear yard. This Paragraph shall not apply to any structure intended or used for the keeping of animals. (3) Subject to approval by the Director of Community Development and the provisions of Paragraph (b) of this Section~ unenclosed garden, ornamental and decorative structures such as gazebos, lattice work, arbors and fountains may be located no closer than six feet from a side or rear property line and shall not exceed eight feet 8/15/85 -2- in height, plus one additional foot in height for each additional foot of setback from the side. and rear property line in excess of six feet, up to a maximum height of ten feet. (4) Subject to approval by the Director of Community Development, solar panels not exceeding six feet in height may be located within any portion of a rear yard. (5) Permanent barbeques, such as those constructed out of brick or masonry, may be located no closer than six feet from the rear property line and shall not exceed four feet in height. (b) The following provisions shall 'be applied in the case of any application for approval by the Director of Community Development of an accessory structure described in Subparagraphs (a)(2) or (a)(3) above: (1) The application shall be accompanied by a list of the names and addresses of all persons owning property immediately adjacent to the site on which the proposed accessory structure will be located, as shown by the latest available assessment roll of the County or as otherwise known to the applicant. (2) The Director of Community Development shall mail a written notice of the application to each of the adjacent property owners shown on the list furnished by the applicant, indicating the type of accessory structure for which approval is being requested and containing a general description thereof, including its size, height and proposed location on the applicant's site. The notice shall further advise the adjacent property owners that a written protest 0r request for administrative hearing, or both, may be filed with the Director of Community Development within ten days from the date of the notice. (3) If any written protests are filed by adjacent property owners within the time prescribed in the notice but no request for hearing is made, the Director of Community Development shall consider such protests in determining whether to approve, conditionally approve or deny the application and shall render his decision thereon without conducting an administrative hearing. (4) If a request for an administrative hearing is received within the time prescribed in the notice, the Director of Community Development shall fix a time and place for the conduct of such hearing and shall give written notice thereof to the applicant and the person or persons requesting the hearing. Upon the conclusion of the hearing, the Director shall either approve, conditionally approve or deny the application and shall furnish a copy of 8/15/85 -3- his decision to the applicant and the person or persons who requested the hearing. (c) With respect to any Accessory structure requiring approval by the Director of Community Development, as described in Subparagraphs (a)(2), (a)(3) and (a)(4) above, the Director may refer the matter to the Site Review Committee for action thereon whenever the Director deems such referral to be necessary or appropriate. If the application relates to an accessory structure described in Subparagraphs (a)(2) or (a)(3), the Site Review Committee shall follow the same procedure as set forth in · Paragraph (b) of this Section. (d) The Planning Commission and the Site Review Committee shall have authority to modify any of the regulations set forth in. Paragraph (a) of this Section pertaining to the size, height or required setback of an accessory structure in a side or rear yard, through the granting of a use permit for such accessory structure pursuant to Article 16." SECTION 6: Section 3.8 of Ordinance NS-3 is amended to read as follbws: "Sec. 3.8 Height of structures No main structure shall exceed thirty feet in height, nor shall any structure exceed two stories." SECTION 7: Section 3.9 of Ordinance NS-3, is entitled "Distances between structures" is hereby repealed. SECTION 8: Section 3.12 of Ordinance NS-3 is amended to read as follows: "Sec. 3.12 Design review No main or accessory structure, or major addition thereto, shall be constructed in an R-1 district without prior design review approval, when required under the provisions of Article 13A." SECTION 9: Paragraph (3) in Subsection 3A.26(d) of Ordinance NS-3 is amended to read as follows: "(3) Where a second story is added to an existing single-story main structure, or where a new multi-story main structure contains a portion thereof which is single-story and does not exceed twenty-two feet in height, the multi-story rear yard requirement shall be applied only to that portion of the structure which is multi-story." SECTION 10: Article 3A of Ordinance NS-3 is amended by adding a new Section 3A.26-3, to read as follows: s/is/s5 -4- "Sec. 3A.26-3 Accessory structures in side and rear yards (a) No accessory structure shall be located in any required side or rear yard of any lot, except as follows: (1) Upon the granting of a use permit by the Site Review Committee pursuant to Article 16, cabanas, garages, carports, recreation rooms, hobby shops and other similar structures may be located no closer than six feet from the rear property line and shall not exceed eight feet in height, plus one additional foot in height for each three feet of setback from the rear property line in excess of six feet, up to a maximum height of ten feet if the structure is still located within the required rear yard. (2) Subject to approval by the Director of Community Development and the provisions of Paragraph (b) of this Section, garden sheds, structures for housing swimming pool equipment and other enclosed structures of a similar nature, not exceeding two hundred fifty square feet in floor area, may be located no closer than six feet from the rear property line and shall not exceed six feet in height, plus one additional foot in height for each additional foot of setback from the rear property line in excess of six feet, up to a maximum height of ten feet if the structure is still located within the required rear yard. This Paragraph shall not apply to any structure intended or used for the keeping of animals. (3) Subject to approval by the Director of Community Development and the provisions of Paragraph (b) of this Section, unenclosed garden, ornamental and decorative structures such as gazebos, lattice work, arbors and fountains may be located no closer than six feet from a side or rear property line and shall not exceed eight feet in height, plus one additional foot in height for each additional foot of setback from the side and rear property line in excess of six feet, up to a maximum height of ten feet. (4) Subject to approval by the Director of Community Development, solar panels not exceeding six feet in height may be located within s~y portion of a rear yard. (5) Permanent barbeques, such as those constructed out of brick or masonry, may be located no closer than six feet from the rear property line and shall not exceed four feet in height. (b) The following provisions shall be applied in the case of any application for approval by the Director of Community Development of an accessory structure described in Subparagraphs (a)(2) or (a)(3) above: 8/15/85 -5- (1) The application shall be accompanied by a list of the names and addresses of all persons owning property immediately adjacent to the site on which the proposed accessory structure will be located, as shown by the latest available assessment roll of the County or as otherwise known to the applicant. (2) The Director of Community Development shall mail a written notice of the application to each of the adjacent property owners shown on the list furnished by the applicant, indicating the type of accessory structure for which approval is being requested and containing a general description thereof, including its size, height and proposed location on the applicant's site. The notice shall further advise the adjacent property owners that a written protest or request for administrative hearing, or both, may be filed with the Director of Community Development within ten days froin the date of the notice. (3) If any written protests are filed by adjacent property owners within the time prescribed in the notice but no request for hearing is made, the Director of Community Development shall consider such protests in determining whether to approve, conditionally approve or deny the application and shall render his decision thereon without conducting an administrative hearing. (4) If a request for an administrative hearing is received within the time prescribed in the notice, the Director of Community Development shall fix a time and place for the conduct of such hearing and shall give written notice thereof to the applicant and the person or persons requesting the hearing. Upon the conclusion of the hearing, the Director shall either approve, conditionally approve or deny the application and shall furnish a copy of his decision to the applicant and the person or persons who requested the hearing. (c) With respect to any accessory structure requiring approval by the Director of Community Development, as listed in Subparagraphs (a)(2), (a)(3) and (a)(4) above, the Director may refer the matter to the Site Review Committee for action thereon whenever the Director deems such referral to be necessary or appropriate. If the application relates to an accessory structure described in Subparagraphs (a)(2) or (a)(3), the Site Review Committee shall follow the same procedure as set forth in Paragraph (b) of this Section. (d) The Planning Commission and the Site Review Committee shall have authority to modify any of the regulations set forth in Paragraph (a) of this Section pertaining to the size, height or required setback of an accessory structure in a side or rear yard, through the granting of a use permit for such accessory structure pursuant to Article 16." 8/15/85 -6- SECTIOI~I lh Paragraph (c) in Setion 3A.22 of Ordinance NS-3, entitled "Design review," is hereby repealed and the following Section is adopted as a new Section 3A.26-4: "See. 3A.26-4 Design review No main structure, or major addition thereto, shall be constructed in an HC-RD district without prior design review approval pursuant to Article 13A. No accessory structure, or major addition thereto, shall be constructed in an HC-RD district without prior design review approval, when required under the provisions of Article 13A." SI~CTIOI~I 12: Paragraph (3) in Subsection 3B.10(e) of Ordinance NS-3 is amended to read as follows: "(3) Where a second story is added to an existing single-story main structure, or where a new multi-story main structure contains a portion thereof which is single-story and does not exceed twenty-two feet in height, the multi-story rear yard requirement shall be applied only to that portion of the structure which is multi-story." SI~CTIOI~I 13: Article 3B of Ordinance NS-3 is amended by adding a new Section 3B.11-1, to rad as follows: "See. 3B.11-1 Accessory structures in side and rear yards (a) No accessory structure shall be located in any required side'or rear yard of any lot, except as follows: (1) Upon the granting of a use permit by the Site Review Committee pursuant to Article 16, cabanas, garages, carports, recreation rooms, hobby shops and other similar structures may be located no closer than six feet from the rear property line and shall not exceed eight feet in height, plus one additional foot in height for each three feet of setback from the rear property line in excess of six feet, up to a maximum height of ten feet if the structure is still located within the required rear yard. (2) Subject to approval by the Director of Community Development and the provisions of Paragraph (b) of this Section, garden sheds, structures for housing swimming pool equipment and other enclosed structures of a similar nature, not exceeding two hundred fifty square feet in floor area, may be located no closer than six feet from the rear property line and shall not exceed six feet in height, plus one additional foot in height for each additional foot of setback from the rear property line in excess of six feet, up to a maximum height of ten feet if s/15/s5 -7- the structure is still located within the required rear yard. This Paragraph shall not apply to any structure intended or used for the keeping of animals. (3) Subject to approval by the Director of Community Development and the provisions of Paragraph (b) of this Section, unenclosed garden~ ornamental and decorative structures such as gazebos, lattice work, arbors and fountains may be located no closer than six feet from a side or rear property line and shall not exceed eight feet in height, plus one additional foot in height for each additional foot of setback from the side and rear property line in excess of six feet, up to a maximum height of ten feet. (4) Subject to approval by the Director of Community Development, solar panels not exceeding six feet in height may be located within any portion of a rear yard. (5) Permanent barbeques, such as those constructed out of brick or masonry, may be located no closer than six feet from the rear property line and shall not exceed four feet in height. (b) The following provisions shall be applied in the case of any application for approval by the Director of Community Development of an accessory structure described in Subparagraphs (a)(2) or (a)(3) above: (1) The application shall be accompanied by a list of the names and addresses of all persons owning property immediately adjacent to the site on which the proposed accessory structure will be located, as shown by the latest available assessment roll of the County or as otherwise known to the applicant. (2) The Director of Community Development shall mail a written notice of the application to each of the adjacent property owners shown on the list furnished by the applicant, indicating the type of accessory structure for which approval is being requested and containing a general description thereof, including its size, height and proposed location on the applicant's site. The notice shall further advise the adjacent property owners that a written protest or request for administrative hearing, or both, may be filed with the Director of Community Development within ten days from the date of the notice. (3) If any written protests are filed by adjacent property owners within the time prescribed in the notice but no request for hearing is made, the Director of Community Development shall consider such protests in determining whether to approve, conditionally approve or deny the 8/15/85 -8- application and shall render his decision thereon without conducting an administrative hearing. (4) If a request for an administrative hearing is received within the time prescribed in the notice, the Director of Community Development shall fix a time and place for the conduct of such hearing and shall give written notice thereof to the applicant and the person or persons requesting the hearing. Upon the conclusion of the hearing, the Director shall either approve, conditionally approve or deny the application and shall furnish a copy of his decision to the applicant and the person or persons who requested the hearing. (c) With respect to any accessory structure requiring approval by the Director of Community Development, as listed in Subparagraphs (a)(2), (a)(3) and (a)(4) above, the Director may refer the matter to the Site Review Committee for action thereon whenever the Director deems such referral to be necessary or appropriate. If the application relates to an accessory structure as described in Subparagraphs (a)(2) or (a)(3), the Site Review Committee shall follow the same procedure as set forth in Paragraph (b) of this Section. (d) The Planning Commission and the Site Review Committee shall have authority to modify any of the regulations set forth in Paragraph (a) of this Section pertaining to the size, height or required setback of an accessory structure in a side or rear yard, through the granting of a use permit for such accessory structure pursuant to Article 16." SI~CTIOI~I 14: Paragraph (b) in Sectin 13A.3.1 of Ordinance NS-3 is amended to read as follows: "(b) Site Review Committee. The Site Review Committee is hereby designated as the approving authority with respect to the following applications under this Article: (1) Any application for design review approval of a single- family dwelling which does not exceed the floor area standard applicable to the site as set forth in Section 13A.6. (2) Any application for extension or modification of a design review approval for a single-family dwelling which does not exceed the floor area standard applicable to the site as set forth in Section 13A.6. (3) Any application for approval of an accessory structure or a use permit to modify the regulations for accessory structures, as provided in Sections 3.7-1, 3A.26-3 and 3B.11-1. 8/15/85 -9- Notwithstanding the foregoing, the Site Review Committee may refer any application to the Planning Commission for action thereon whenever the Committee deems such referral to be necessary or appropriate." SECTION 15: Section 14.7 of Ordinance NS-3, relating to yard requirement exceptions, is amended by adding a new paragraph at the end of said Section, to read as follows: "Bay windows, having no foundation or other connection to the surface of the ground directly below, may overhang and extend into any required yard for a distance not exceeding two feet." SECTION 16: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 17: This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption. This 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 held on the 4th day of September , 1985, by the following vote: AYES: Councilmembers Fanelli, Hlava, Moyles and Mayor Clevenger NOES: None ABSENT: Councilmember Callon MAYOR /~7 ATTEST' ~ C~, ~ The above and fore oin copy of Ordinance ~S ,~, is a true and correct .. . 7/which has been CITY CLERK pu '-~ ~ 'c, rd~o to law. 8/15/85 Deputy City Clerk Bate '=