HomeMy WebLinkAboutNS-3.37 ORDINANCE NS-3.37
AN~ ORDINANCE OF THE CITY OF SARATOGA .~NDING
ORD~INANCE NS-3, THE ZONING ORDINANCE, BY REPEALING
EXISTING ARTICLE 4 AND ADDING A NEW ARTICLE 4 RE
PLANNED RESIDENTIAL DEVELOPMENTS IN CERTAIN ZONING
DISTRICTS AS CONDITIONAL USES IN AREAS GENERAL
PIANNED PD '-
The City Council of the City Of Saratoga does hereby
ordain as follows:
Section 1: Ordinance NS-3 of the City of Saratoga.
the Zoning'0ife, is hereby amended by adding to Section
3.3 (Conditional Uses in R-1 districts), to Section 3.22
(Conditional Uses in HC-RD districts). to Section 5.3 (Conditional
Uses in RM districts);and to Section 6.3 .(Conditional Uses in P-A
aistricts), the foilOwing additional conditional use:
Planned residential .(P-D) use in accord with
Article 4 hereof, if the ~i, tel is des}gnat.ed "P-D" on
the Saratoga General Plan.
Section '2: Article 4 (captidned ,P-D Plarm~d Unit
Development Dxs~t"), of Ordinance NS-3, which consists of
Sections 4.1 through 4.6, be and the same is hereby repealed.
Section 3: A hew Article 4 is .hereby added to Ordinance
NS-3, the S'ii~oga Zoning Ordinance, which article is captioned
"Planned Residential Development", and which article together
with its sections and subsections thereof shall read as follows:
ARTICLE 4. PIANNED RESIDENTIAL DEVELOPMENT
SECTION 4.1 INTENT.
Planned Residential Development is a conditional use
classification which. when found to be consistent with "P-D"
designations on the latest adopted General Plan, will allow '
variations in the standard district zoning classification in
accord with this Article. The Planned Residential use shall
%
function as a conditional use allowing certain· designated lands
the priority. flexibility bad minimum standards nec.esSary to
· , efficiently provide for well-designed housing alternatives
consistent with the housing needs of the comity as identified
in the Housing Element of the General Plan.
Planned Residential use shall be subsidiary to, and with
all projects therein consistent with, the Housing Element of the
General Plan so as to reasonably implement without conflict the
identified housing goals and objectives as set forth in the
Housing Element.
SECTION 4.2 CONDITIONAL USES BY DISTRICT.
Planned Residential Development shall be c0nditionally
allowed within R-I, HC-RD, P-A and R-M zoning districts subject
to the following:
1. The site must be d~signated on the General Plan
"P-D" (Planned Development), and
2. A conditional use permit must be obtained in
accordance with Article 16 for each project.
SECTION 4.3 PERMI?FED USES.
Uses permitted upon approval of a Conditional use permit
subject to consistency with the H~sing Element of the General Plan
are as follows:
1. Single-family and two-family dwellings.
2. Multiple-family dwellings.
3. Accessory buildings and uses a~ permitted in ~n
~ "R-l" district.
SECTION 4.4 MAXFr4JM NL~4BER OF DWELLING 'UNITS.
The maximum nt~nber of dwelling units and site coverage permitted
shall be as follo~s:
ZONING DISTRICT PRD MAXIMUM DENSITY MAXI~ BLDG. COVERAGE
Sq. ft.~D.U- Sq. ft./D.U. Percentage of site
R-l-10,000 3~S00 35%
R-I-12,S00 ' 4,000-- 3S~
R-loiS,000 S,000 ' 30%
R-i-20,000 !l . 6,500 30%
R-i-40,000 10,000 ' 2S%
z0,000
P-A 3,000 35%
_R_-~ .................. 2:S_0_0 .......... 35%
The maximum number of units may be increased up to twenty-five (25) percent
of the net dwelling unit yield if the project is specifically designed and
conditioned for permanent Senio~ Citizen Housing.
SECTION 4.5 DEVELOPMENT STANDARDS.
Planned Residential Developments shall be subject to the
following minimum development standards:
1. ~Bu~ld~ng Co er go: - ~td~ng coverage shall not ~xceed
v a Bu
percentage as specified in table of Section 4.4. Building
coverage shall be defined as the land area covered by dwelling
units, garages and carports, storage and service areas, in-
cluding covered balconies, porches and other architectural
projections,. but not including caves (roof overtk~ngs), open
~Ib~l~enies and uncovered porches.
2. B~i~ldin~ Setbacks: The following minimum yard setbacks
shall apply to all structures within PD sites abutting
residential zones.
SIDEYARD: The side setback shall be equal to the
height of the building if i~ iS a single
story structure or equal to the height of
the first story plus half of the additional
height of the building if it is more than
one_s~or~,.
-2:
REARYARD: Where the site or structures abutt
the rearyard of adjacent residentially
zoned property, the setback shall be
equal to that required rearyard of such
abutting zoning district minimum.
Should more than one setback appear to
conflict with the above the more restrict'
ed shall apply.
3. Building Height: The maximum building height allowed shall
be thirty ('39) feet.
4. Parking Requirements: The following permanently-maintained
~arking"spac'e's 'shall be provided:
(a) Owner~occupied (sales) units shall have two (2)
covered spacesper dwellingunit..
(b)' Renter-occupied (apartment) units shall have one (i)
covered and one (1) uncovered space per unit.
(c) Housing designed and limited specifically for perma-
nent senior citizen dwelling units shall have
parking spaces per unit. Not less than fifty percent
(50%) of said spaces shall be enclosed within garages
or carports.
5. Open Space/Landscaping.
(a) Not more than twenty-five percent (25%) of the net
area of the property shall be devoted to parking
areas, driveways and streets.
(b) Not less than forty percent (40%) of the net area
of the property shall be open space devoted to
planting, patios, walkways and recreational build-
ings and areas, but excluding areas covered by
dwelling units, garages, carports, storage and
service areas, parking areas, driveways and streets.
All uncovered parking areas or private streets shall
be separated from the peripheral boundary of the
project site by a landscaped strip of not l~ss than
ten feet (10') in width. Development rights on any or
all open space may be required to be dedicated as
permanent open space before occupancy of any buildings
within the project.
(c) Control of the design of open space is vested in the
Planning Con~nission. Design shall mean size, shape,
location and usability of proposed private, public or
quasi-public open space. Where deemed appropriate,
approval of open space by the Planning Commission
shall be expressly conditioned upon a conveyance by
the developer to the City of the development rights
or the right to prohibit the construction of additional
buildings or other contiactual rights.
(d) Planned Residential Developments shall be approved
subject to the submission of appropriate legal instru-
ment (s) setting forth the manner of care and main-
tenance of open space, recreational areas and other
communally-owned facilities. No such instrument shall
be accepted until approved by the CityAttorney as to
legal form and effect, and by the Planning Commission
as to Suitability for the proposed use of the open
space/recreational areas.
6. ModifiCatiOns,
The Planning Commission, or the City COuncil on appeal,
may in addition to the foregoing impose additional
conditions and restrictions on any development under
this Article and may grant modifications to the regula-
tions prescribed herein with respect to setbacks, site
coverage, height, landscaping, general design, parking,
maximum dwelling units, and Open space at the time of
approval of the conditional use permit and the ~ccompany-
ing site development plan; The approval of a conditional
use permit and site development plan shall automatically
constitute a granting and permitting Qf such modifications
as are shown and delineated on the face of said approved
plan. Such additional conditions, restrictions, modifica-
tions or deviations shall only be made and granted on a
finding that the same is in the interests of the public
health, safety and general welfare and in furtherance of
the purposes and objectives of the City's Housing Element
of the General Plan.
SECTION 4.6 APPLICATION AND PROCEDURB.
As a condition precedent to applying for a conditional use
permit for a planned residential development, the property shall first
be preliminarily reviewed by the Planning Commission as to consistency
with the Housing Element of the General Plan. Only upon the' prior affirm-
ative approval by the Conmission of a preliminary development plan may an
application for a conditional use permit be accepted, which use permit shall,
together with the add{tional conditions and. provisions as set forth in this
Article, be otherwise processed under the provisions of Article 16 of this
Ordinance.
SECTION 4.6-1 APPLICATION FOR PRELIMINARY 'PLANNING DEPARTMENT REVIEW.
1. 'Submission of Application. Application for preliminary review
for a Planned Residential Development shall be submitted to
the Director of Planning for consideration and co~nent. The
preliminary application shall be accompanied by the following
information:
(a) Proof that the applicant is the owner of all property
within the proposed project area, or the authorized
agent of such owner, or the authorized agent of an
association of owners of all property within the
proposed project area.
(b) A narrative description of the following:
(1) A statement of proposed 'land use including a
tabular smmmry of estimates-of population
densities and building intensities.
(2) The location and capacities of existing utilities
i~'.tl~e vicinity of the site and tentative ex-
tens£ons to the site.
(3) Sketches demonstrating tentative architectural'
concepts of the building proposed, to be
constructed on the site..
(4)A development schedUle'indicating the anticipated
timing for each unit of the proposed development.
(S) Other pertinent information as may be:deemed
necessary 'by the Director of Planning to deter-
mine whether the proposed development complies
with the requirements and regulations of Section A
of this Article.
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(c) The preliminary plan shall be reviewed by the
department staff, who shall prepare a written report
with r~con~nendations for submission to the Planning
Conmlission with the applicant's preliminary plan, and
transmit such preliminary plan to the Planning Commis-
sion, which may accept the preliminary plan as sub-
mitted by the applicant, or my make such modifica-
tions, additions or amendments to such pl~ans as it
deems necessary. .
SECT10N 4.6~2 PRELIMINARY PlAN AS BASIS FOR APPLICATION FOR A
'CONDITIONAL
The preliminary plan as approved by the Planning Conmlission
shall constitute the basis of application for a conditional use permit on
the property for which Planned Residential Development is sought.
1. .Application for Conditional U~e 'Permit.
(a) In addition to the material required to be submitted
with an application for conditional use permit under
Article 16, each applicatio~ for a conditional use
permit shall also be accompanied by the following:
(1) A precise site plan shall be submitted which
indicates the ultimate development of the portion
of the Planned Residential Development being con-
sidered. The precise plan shall include:
All elements of the approved Preliminary Plan.
Where appropriate, such elements may be included
by reference.
A detailed map .showing:
the location of buildings or structures,
trees or other natural features of the site,
which exist and are proposed on the property
at the completion of development and their use;
the location, dimension of all roads, driveways,
parking facilities, pedestrian and bicydle paths;
landscaping of the property, and the location
and material composition of outdoor paved sur-
faces not designated for circulation;
the precise location of all utility lines on
the site;
finished grades at not less than two foot (2')
contour intervals;
the location and dimensions of all areas desig-
nated as comon open space, and of all areas
designated as usable open space;
lot lines and lot dimensions.
Architectural elevations in sufficient detail to
show the character of the proposed buildings and
their relationship with other facilities in the
development.
(b) The precise plan shall be reviewed by the director who
shall prepare a written report with recommendations
for submission to the Commission with the applicant's
precise plan.
2. Criteria for Conditional Use Permit.
(a) The Planning Commission may grant an application for
a conditional use permit for Planned Residential De-
velopment provided that the precise plan is in substan-
tial compliance with the approved preliminary plan and
the housing needs of the community as identified in the
Action Program of the Housing Element, upon making
those finxtings as set forth in Article 16, Section 16.6
of this Ordinance.
A precise plan shall be deemed to be in substantial
compliance with the Action Program of the Housing Ele-
ment if the Co.',.ission determines that it conforms in all
respects with the unmet housing needs and project criteria
of the Action Program of the Housing Element.
SECTION 4.6-3 DISAPPROVAL OF THE CONDITIONAL USE PERMIT.
If the Conmission disapproves a conditional use permit based on
failure of the precise plan to substantially conform with the Housing Ele-
ment, the applicant shall have the choice of:
1. ReVising the precise plan and resubmitting it to the Commis-
sion, or
2. Applying for an amendment to the Housing Element, or
3. Appealing the decision of the Conmission to the City Council
in accordance with Article 16, Section 16.7 hereof.
Section 4: If any section, subsection, sentence, clause or phrase
of this ~ is for any reason held by a court of competent jurisdic-
tion 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 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, subsections,' sentences, clauses or
phrases be held invalid or unconstitutional.
Section 5: This Ordinance shall take effect and be in full force
and effe~ [3D) days from and after the date of its passage and
adopt ion.
The above and foregoing Ordinance, after public hearing held thereon
by the Planning Conmission of the City of Saratoga on the 12th day of October,
1977, was thereafter introduced and public hearing held thereon by the City
Council of said City O~ the ~ day of CNoveffiber~ , 1977, and
was thereafter passed and adopted the 7th day of December ,
1977, by the following vote:
AYES: Councilmen Corr, Matteoni, Kraus, & Brigham
NOES: None ~ ~//~ ~/
ABSENT: Mayor Bridges
T,~ % ~ , copy of Ordinance~ ~-_Z__ which ha~
~ ~>: published according to law.
· -: ,~-~ [C~~ ,' ,
· " ,~ Deputy City C"lerk/J