HomeMy WebLinkAboutNS-3.33 ORDINANCE NS-3. 33
AN ORDINANCE OF THE CITY OF SARATOGA AMENDING ORDINANCE
NS-3, THE .~ZONING ORDINANCE, BY ESTABLISHING A HILLSIDE
CONSERVATI~ON ~[~EN~-IAk~.ZONING DISTRICT CLASSIFICATION
BY ADDING RTICLE 3-X RETO
The City Council of the City of Saratoga does hereby ordain as follows:
SECTION 1!: Section 1.6 of Ordinance NS-3 ~is hereby amended by adding
to it the following additional zoning district classification:
SECTI e y a i -3 of the City
i e shall read follows:
of Saratoga, which Art cl as
SECTION 3.20. iPURPOSE.
The HC-Y~;' Zoning! District is established to achieve the following purposes:
(1) To create it zoning district and regulations therefor 'to implement the
open space element of the Saratoga General Plan, directed to the preservation
and conservation of thL natural landscaping and open space at the same time as
permitting orderly and regulated ~sid~n't~a] deve]:oDment, and
(2) To create a zoning ~istrict which will be compatible with and consis-
tent with the slope conservati n areas presently shown on the Saratoga General
Plan, so that a rezoni]~g of any part of said slope conservation areas to the
HCj~P~·. district will be consistent with such General Plan, and
(3) To create a special zoning district which establishes development
density on guidelines a'nd criteria based upon steephess of slope and other
I o capability, and by such district to replace the
matters relating to devC1 pment
p~esent open space regu'lations of this City which consist of a combination of
R-1-40,000 zoning district regulations together with slope density and other
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development formulas and criteria set forth in t~e Subdivision Ordinance of
'this City, and
(4) Upon application of such zoning district r~gulations to the foothill
and mountainous portions of this City, to insure an orderly and harmonious
single-family reside~ ial development which will result in a minimal amount of
disturbance to the n~ ural terrain, and
(5) Through a zoordination of design and engineering skills
land'use in balance ith its natural ability to support development, and
(6) To require geological and soils and other investigations and reports
so as to minimize hazards, and
(7) To protect and promote the health, safety and general welfare of
the conmunit~, and
(8) In so dOinb to create a zoning district classification for applica-
tion to open space areas which is reasonably adaptable to being combined with
planned community de o regulations (presently termed P-C) so as upon
v!l pment
any sech combination, to permit the clustering ~f homes upon concurrent dedi-
cation of open space easements pursuant to the?1974 amendments to the Government
Code (Government Code sections
51070-51095), or as such Government Code may
her f b
eafter rom time to time e amended in relation to the dedication of such
easements, and thus to additionally supplement the open space'element of the
Ganeral Plan. 1 '
SECTION 3.21. PEETTED USES.
The following uses are permitted in an HC-RD~Zoning District:
(a) Detached one-family dwellings;
,(b) Raising of ~egetables, field crops, fruit and nut trees and horti-
cultural ec 1 d the processing of such products as are~so raised or
sp ia ties,, an
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grown on the premises;
(c) Fences, wall~ and hedges otherwise complying with the regulations
sediment control element setting forth reasonable mitigation measures in accord
with the excavating and grading and Subdivision Ordinances of the City. Grad-
ing shall be representative of adjacent topography and be an extension of
natural contours insofar as reasonably practical, and be designed to minimize-
cut and fill and to avoid erosion, flooding, slides and other hazards. Water,
sewer and other utility services, streets and other access routes which tra-
verse any geologic or soils hazard shall be specifically engineered to eliminate
the risk of failure or collapse, and set backs from hazard areas shall be in
accord with the geologic and soils investigation report and recommendations.
.'~b) Geologic and SoilS'Report.
A combined preliminary geologic and soils investigation and report
prepared by a registered engineering geologist certified by the State of California
and by a registered Civil Engineer qualified in soils mechanics by said State,
shall be filed in conjunction with the site development plan unless the City
Geologist determines that existing information pertinent to the Subdivision or
Site Approval makes preliminary analysis unnecessary. The geologic and soils
report shall fully and clearly present:
(1) All pertinent data, interpretations and evaluations based on the
most current professionally recognized soils and geologic data
(i.e., California State Mines and Geology, USGS, etc.);
(2) The significance of the Idata, interpretations and evaluations
with respect to the actual development or implementation of the
intended land use through the identification of any significant
geologi~ problems, critically expansive soils or other unstable
soil condition which if not corrected may le~d to structural
damage or aggrevation of future geologic problems both on and
off the site;
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(3) Recommendations for corrective measures deemed necessary to
prevent or significantly mitigate potential damage to the
proposed project and adjacent properties or to otherwise insure
safe development of the property; and
(4) Reconm~endations for additional investigations that should be
made to insure safe development of the property.
(c). DesiSn Review.
Design review of all structures and landscaping has been granted
pursuant to Article 13 hereof. Siting of structures and structural elevations
shall be compatible with natural landscape and so located as not to substantially
disrupt the natural silhouette of prominent ridges and ridge lines.
SECTION3.24. SITE AREA AND DENSITY.
(a) Density (MaximUm Dwelling Units per Area).
The maximum number of dwelling units (density) for each development
· shall be determined by dividing the gross land area of the parcel being subdivided
by the average gross land area per dwelling unit rounding down to the next whole
number. No parcel or portion thereof which can independently be further divided
or sdbdivided shall be included in the gross area used to determine the maximum
number of units permitted.
The average gross land area per dwelling unit shall be as de[ermined
by the formula and as generally represented in the following slope density table:
~VG SLOPE.' AC/D.U. AVG SLOPE AC/D.U. AVG SLOPE A~/D.U. AVG SLOPE AC/D.U.~AVG SLOPE AC/D.U.
0 1.10 10 --1.31 20 1.64 30 2.16 40 3.18
1 1.12 11 1.34 21 1.68 31 2.23 41 3.34
2 1.14 12 1.37 22 1.72 32 2.30 42 3.50
3 1.16 13 1.40 23 1.76 33 2.38 43 3.70
4 1.18 14 1.43 24 1.81 34 2.47 44 3.91
5 1.20 15 1.46 25 1.86 35 2.57 45 4.15
6 1.22 16 1.49 26 1.91 36 2.67 46 4.43
7 1.24 17 1.52 27 1.97 37 2.78 47 4.74
8 1.26 18 1.56 28 2.03 38 2.90 48 5.09
9 1'~28 19 1.60 29 2.09 39 3.04 49 5.51
50* 6.00
*Where the site exceeds a slope of over 50%, no site should be less than 6.0 acres.
(Note: Expressed in gross acres.)
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In alI cases the following formula shall take precedence in deter-
mining the ~verage gross land area per dwelling unit:
a=
..... .909j_~ ~.014~85S .....
(b) Minimum site Area.
The minimum net Site area per dwelling unit shall be no less than
43,560 square feet; and the average site area per dwelling unit shall'be as
determined by the above set forth slope density table.
The average slope of the parcel being subdivided shall be determined
by the following formula:
S .00229 I L
A
Where: S = average slope in percent, rounded to nearest whole percent
I = contour interval in feet
L = combined length of contour lines in scale feet
A = gross area in acres of the total parcel being developed
(c) Forty Percent (40%) Slope'Prohibition.
No home or other structure shall be built upon a slope which exceeds
40%.
SECTION 3.25. MINIMUM FRONTAGE WIDTH AND DEPTH.
Except as may otherwise hereinafter be set forth, the minimum site frontage,
site width and site depth shall be as follows:
Frontage Width Depth
80 ft. 100 ft. 150 ft.
On a cul-de-sac turnaround, the minimum frontage shall be 60 feet where
75% or more of the frontage adjoins the turnaround.
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SECTION 3.26. COVERAGE, YARDS, BUILDING HEIGHT AND ACCESS ROADS.
(a) Coverage.
The~maximum impervious surface and building coverage shall not exceed
25% of the site area or 15,000 square feet, whichever is the lesser.
(b) '[FE[n~l-Y~s 'an~ Se~tb'acks.
The minimum front, side and rear yards of the main residential
structure on each site shall be as follows:
Front Yard Side Yard Rear Yard
~2~"f~.~i~ 20 ft. 35 ft.
Notwithstanding the foregoing, the minimCnn setback of any building
or structure from any planned or designated arterial or collector street shall
be 75 feet from the curb line thereof, and where no established curb line exists
the setback shall be 100 feet from the centerline of such street.
(c) Buildin~ Height.
No principal structure shall exceed 30 feet in height as measured
from a warped plane parallel and conforming to the natural grade, and no
accessory structure shall exceed 12 feet in he~gh~ aS measured ~n .the same manner
///~xiim'~um 30~ '
H ght
Maximum Building Height of 30' measured paPal]el to natural ground
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(d) Grade of Private Access Roads and Driveways.
Unless otherwise required by the Advisory Agency, no private access
~oadway or driveway to or on any site shall exceed a grade of 18% for a dis-
tance in excess of 50 feet.
SECTION 3.27. MODIFICATIONS.
The Advisory Agency may, in addition to the foregoing, impose additional
conditions and restrictions to the development in said zoning district, and
may grant modifications to the regulations prescribed~herein with respect to
fences and ~alls, site area, width, frontage, density, depth and coverage, and
front, side and rear yards, at the time of approval of the site development
pIan for the entire property being developed, and without compliance with ~e
provisions of Article 17 of this Ordinance relating to variances. The approval
of a site development plan shall automatically constitute a granting and per-
mittlug of such modifications as are shown and delineated on the face of said
plan. Such additional conditions and restrictions, and such modifications
and deviations shall only be mad~ and granted on a finding that the same is in
the interests of the public health, safety and general welfare and in furtherance
of purposes for the creation of the within zoning district classification, and
in order to achieve compliance with one or more of the following guidelines and
criteria:
(a) To preserve trees and tree clusters;
(b) To minimize grading;
(c) To minimize site disruption;
(d) To minimize the distance from public services;
(e) To maximize access;
(f) To minimize paving and other erosion producing activities;
(g) Toavoid hazardous and sensitive areas;
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(h) To protect critical features of the natural landscape;
(i) To protect the existing topographic character of a parcel or area; and
(j) To protect the view of and from the steeper slopes in the City.
I~ is understood that the above-mentioned development criteria may or may
not have an impact upon the site area and density (Section 3.24) permitted an
individual application under the provisions of this ordinance. In those cases
where it is determined that the development criteria will have an impact due to
seismic safety, slides, public service, etc., it is expected that this will affect
the maximum number of dwelling units per acre as reflected in the table of Section
3.24. Such impact may reduce the number of allowable dwelling units per acre.
SECTION 3.28. RETROACTIVITY.
Wherever property is rezoned to an HC-RDIzoning district from another district
classification, the density regulations herein shall not be retroactively applied
so as to invalidate any site development plan that had theretofore been previously
approved by the Planning Conmission, so long as the development of such property
in accord with said site development plan is completed within the time limits as
specified in the ordinance or other regulation under which development in accord
with said site develepment plan was required and imposed. The intent of this
Section is to permit a site having an area, frongage, width or depth different
from the minimums prescribed.by the imposition of the within density regulations
on such zoning, to continue as a non-conforming site to permit the use thereof
for the permitted use in the HC-RD zoning district notwithstanding such variation,
so long as the development progresses and is concluded within the time limits as
specified in the regulations governing development under such site development
plan. The within provisions shall be in addition to those of Section 14.3 of this
Ordinance.
SECTION 3: 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, 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
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it would have passed this ordinance and each section, subsection, sentence, clause
and phrase thereof, irrespective of the fact that any one or more sections, sub-
sections, sentences, clauses or phrases be held invalid or unconstitutional.
The above and foregoing Ordinance, after hearings thereon held before
the Planning Commission of this City, was thereafter introduced, and after public
hearing held thereon by the City Council of said City, was thereafter passed and
adopted at a regular meeting of said City Council held on the 7th day of
April , 1976 , by the following vote:
AYES: Councilmen Kraus, Corr, Matteoni
NOES: Councilman Brigham
The abo'v.~ and forcgoinn is a true and correct
copy of Ordinsnce,q/s' ~.a3 which has been
published according .',o
Deputy City Clerk "' d Date
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