HomeMy WebLinkAboutNS-3.49 ORDINANCE NO. NS - 3.49
AN ORDINANCE OF THE CITY OF SARATOGA AMENDING ORDINANCE
NS-3, THE ZONING ORDINANCE, BY ESTABLISHING A NORTHWEST
HILLSIDES RESIDENTIAL (NHR) DISTRICT BY ADDING ARTICLE
3B THERETO
The City Council of the City of Saratoga does hereby
ordain as follows:
Article 3B is hereby added to Ordinance NS-3 of the City
of Saratoga to read as follows:
ARTICLE 3B. NHR-Northwestern
Hillsides Residential District
Section 3B.1 - Purposes
In addition to the objectives set forth in Section 1.1,
the NHR Northwestern Hillsides Residential District is included in
the zoning ordinance to achieve the following purposes:
(a) To maintain to the maximum degree feasible the
natural environment and existing rural character of the area to
which the district is applied.
(b) To encourage development of gently sloping and
densely wooded sites in preference to steep, visually exposed
sites.
(c) To implement the open space element of the Saratoga
General Plan by ensuring maximum preservation of open space,
including major ridgelines, densely wooded areas, and riparian
vegetation.
(d) To prevent development that would be subject to
significant uncorrec~able geotechnical or flood hazards.
(e) To implement the Northwestern Hillside Specific
Plan as adopted by the City of Saratoga on June 2, 1981.
Section 3B.2 - Definitions
In addition to the definitions set forth in Section 1.5,
all of which are applicable to this Article, the following defini-
tions shall also apply to certain terms used herein:
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~a) City's geologic maps. The Geologic Maps of the
Upper Calabazas Creek Watershed, as maintained by the City of
Saratoga, together with the geologic data and text report to be
utilized in conjunction therewith.
(b) Ridge, major. A line connecting the points of
highest elevation at the top of and parallel to the long axis of
the lines of hills designated as major ridges as generally shown
on the map entitled "Major Ridges - NHR District" adopted as part
of this Article.
(c) Ridge, minor. A ridge other than a major ridge
that is 50 feet or more above two points 150 feet distant from the
top of the ridge on either side.
Section 3B.3 - Permitted Uses.
The following uses are permitted in an NHR zoning
district:
(a) Detached single-family residential dwellings.
(b) Raising of vegetables, field crops, fruit and nut
trees and horticultural specialties, and the processing of such
products as are so raised or grown on the premises.
(c) Home occupations conducted in accord with the
regulations prescribed in Article 12.
(d) Accessory structures located on the same site with
a permitted use, including private garages and carports, limited
to one guest house or accessory living quarters without a kitchen,
and including storehouses and sheds, garden and shade structures,
non-commercial greenhouses, recreation rooms, home hobby shops,
cabanas and structures for housing swimming pool equipment.
(e) 'Private stables for the keeping of one horse on a
site of one acre and two horses on a site of two acres or more,
subject to regulations and license provisions of Division 5,
Article 1, of Chapter 1 of the Saratoga City Code, provided that
no stable or corral shall be located closer than 50 feet to any
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l.property line or to any dwelling or swimming pool on the site, nor
closer than 50 feet to any dwelling not on the site or ~ny stream;
and provided further that the average natural grade of a corral
shali not exceed 15 percent slope and that any cut or fill slopes
shall comply with Section 3B.8 - Grading.
(f) Swimming pools used solely by persons resident on
the site and their guests, provided that no swimming pool or
accessory mechanical equipment shall be located in a required
front yard or in a required side yard or less than 6 feet from a
property line; and provided further that any'cut slopes or fill
slopes shall comply with Section 3B.8 - Grading.
(g) The keeping of such animals and under such condi-
tions as prescribed in Section 3.2(g).
Section 3B.4 - Conditional Uses
The following conditional uses shall be permitted upon
the granting of a use permit, in accord with the provisions of
Article 16:
(a) Community facilities and institutions, including
public and private schools, playgrounds, parks, community centers,
libraries, museums, police and fire stations, public buildings and
facilities, religious or charitable institutions, hospitals and
golf courses, provided such facilities and institutions do not
create major traffic or noise impact and are found to be compat-
ible with the immediately surrounding area.
(b) Public utility and public service pumping stations,
power stations, drainageways and structures, storage tanks,
transmission lines, and television receiving and transmitting
equipment found by the City Planning Commission to be necessary
for the public health, safety or welfare.
(c) Community stables, as defined in Section 8-35.2 of
the Saratoga City Code, on a site area satisfactory to the Planning
Commission, subject to the regulations of Division 5, Article 1,
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j~Chapter 8 of the Saratoga'City Code, and provided, that no stable
or corral shall be located any closer than 50 feet to the property
line of a site or to any dwelling or swimming pool on th'e site,
nor closer than 50 feet to any dwelling or swimming pool not on
the site Or any stream; and provided further that the a~erage
natural grade of a corral shall not exceed 15 percent slope and
that any cut or fill slopes shall comply with Section 3B.8 -
Grading.
(d) The keeping of more than two horses on a site of
two acres or more, subject also to regulations and license provi-
sions of Division 5, Article 1, of Chapter 1 of the Saratoga City
Code.
(e) The storage of motor vehicles, trailers and boats
in front, side or rear yards of sites, for periods of time in
excess of one hundred twenty consecutive hours.
(f) Neighborhood recreational facilities, including
swimming pools and recreational courts serving mainly residents in
the immediate vicinity, such facilities to be constructed only
pursuant to an approved site development plan. Any recreational
court shall comply with the standards and criteria as set forth in
Section 3.2(h), as amended by Section 1 of Ordinance NS3.45.
(g) Plant nurseries, excluding sales of items other
than plant materials.
(h) Wineries.
(i) Recreational courts used solely by persons resident
on the site and their guests. Any such recreational court shall
comply with the standards and criteria prescribed in SeCtion
3.2(h), as amended by Section 1 of Ordinance NS-3.45.
Section 3B.5 - Fences, Walls and Hedges
Fences, walls and hedges shall be subject to the follow-
ing restrictions:
(a) Fences, walls, and hedges, except fencing for
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recreational courts and retaining walls, shall not exceed 6 feet
in height, provided that no fence, wall, or hedge in a required
front yard or within 50 feet of curb lines at a street intersec-
tion shall exceed 3 feet in height above the established grade of
any adjoining street where the street grade is higher then the
finish grade at the fence line. Where finish grade at the prop-
.erty line is equal to or higher than street grade, no fehce, wall,
or hedge in a required front yard shall exceed 3 feet in height.
When permitted, opaque fences and walls, except retaining walls,
shall not have a visible length exceeding 60 feet. Chain link
fencing shall be permitted only for recreational courts. Fences
for horse corrals shall not be located within 50 feet from any
property line.
(b) The maximum height of a retaining wall shall be 5
feet and the maximum height of planted cribbing shall be 8 feet.
Parallel vertical walls or cribbing shall be separated by a
horizontal distance of not less than 5 feet.
(~) The combined height of walls adjoining a structure,
recreational court, terrace, swimming pool, or corral shall not
exceed 10 feet within a horizontal separation of 30 feet perpen-
dicular to the mean direction of the walls.
~ection 3B.6 - Density
(a) Density (Maximum Dwelling Units per Area).
(1) Subject to the provision set forth in Subpara-
graph (a)(5) of this Section 3B.6, the maximum number of
dwelling units (density) for each developmentshall be
determined by dividing the "net land area" of the parcel
being subdivided by the average acres per dwelling unit
rounding down to the next whole number. The term "net
land area," as used in this Article, shall mean that
portion of the gross land area of the parcel being
subdivided remaining after deducting therefrom the
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following:
(i) Those areas which are classified in the
City's geologic maps as Md or Mrf; and
(ii) Any quarries, unless shown to be suitable
for development, as determined by a detailed
geotechnical analysis approved by the City
geologist.
(2) The average acres per dwelling unit shall be
determined by the following slope/density formula:
1
average acres per =
dwelling unit (AC/DU) 0.5 - .008S
where: S = average slope in percent,
rounded to nearest whole percent
(3) The average slope of the parcel being sub-
divided shall be determined by the following formula,
and rounded to the nearest whole percent:
Average = .00229 IL
Slope A
where: I = contour interval in feet (at
intervals of not more than 5
feet)
L = combined length of contour
lines in scale
A = gross land area of parcel being
subdivided
The slope calculation shall be based upon the entire
gross land area of the parcel being subdivided~
(4) The following slope/density table generally
represents the average acres per dwelling unit deter-
mined by the slope/density formula set forth in subpara-
graph (a)(2) of this Section 3B.6. Such table is for
illustration purposes only and the slope/density formula
shall take precedence over the table in all cases.
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· AVG AVG AVG AVG AVG
· ' SLOPE AC/DU SLOPE AC/DU SLOPE AC/DU SLOPE AC/DU SLOPE
AC/DU
8 2 10 2.38 20 2.94 30* 3.85 40
5.56
2.'03 11 2.43 21 3.01 31 3.96 41
2 2.07 12 2.48 22 3.09 32 4.09 42
6,10
3 2,10 13 2.53 23 3.16 33 4.24 43
8,41
4 2.14 14 2.58 24 3.25 34 4.39 44
6.96
5 2.17 15 2.63 25 3.33 35 4.55 45 7.14
6 2,21 16 2.69 26 3.42 36 4.72 46
7.58
7 2.25 17 2.75 27 3.52 37 4.90 47
8 2.29 18 2.81 28 3.62 38 5.10, 42'
8.62
· 9 2,34 19 2.87 29 3.73 39 5.32 49
9.25
50*
10
· Where the average slope of the gross land area '
.~ exceeds 50 percent, each lot or building site
must be at least 10 acres.
(5) The City may require a reduction in the number
of dwelling units below the maximum number otherwise
permitted under Subparagraph (a)(1) of this Section 3B.6
if the City determines that such reduction is necessary
or appropriate by reason of site restrictions or geologic
hazards.
(6) Upon recordation of a final subdivision or
parcel map covering any land within the Northwestern
Hillsides Residential Zoning District, no lots or
parcels shown on such map may thereafter be f~rther
subdivided so as to increase the total density permitted
under this section for the entire subdivision or parcel
depicted on the final map.
(~) Minimum Site Area per Dwelling Unit. The minimum
site area per dwelling unit shall be no less than 43,560 square
feet, provided, however, in the case of clustered dwelling units,
the Planning Commission may, in its discretion, permit one or more
of such units to be located upon a site area having a size less
than 43,560 square feet. The average acres for all dwelling units
within the parcel being subdivided, including clustered units,
shall be as determined by the slope/density formula set forth in
subparagraph (a)(2) of this Section 3B.6.
(c) Exempted lots. Any lot shown as a unit on a
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recorded subdivision or land division, or any lot otherwise
legally created, is exempt from-the density requirements set forth
in Paragraph (a) of this Section 3B.6 provided such lot was
created prior to April 25, 1978. Any lot so exempted will not
lose its exempt status if either of the following events takes
place subsequent to April 25, 1978:
(1) A portion of the lot is exchanged for a
portion of any adjoining lot, the result of which does
not decrease the original square footage of the lot; or
(2) The lot is enlarged by the addition of land
from any adjoining parcel.
Section 3B.7 - Development Criteria
The following regulations shall be in addition to, and
not in lieu of, any and all other development criteria and require-
ments set forth in Ordinance NS-60, the Subdivision Ordinance.
No use shall be established, and no building or other
structure shall be erected or constructed in an NHR Zoning Dis-
trict, nor shall any building or other permit be issued therefor,
unless and until the following development standards have been
complied with:
(a) Site Development Plan. A site development plan has
been prepared and approved by the Advisory Agency in accord with
Section 13.9 of Ordinance 60, the Subdivision Ordinance, and the
physical location of each such use and structure is as set forth
on such approved plan. The planting and landscaping portion of
said plan shall, insofar as is reasonably practical, provide for
the retention of existing vegetation and land formations, and
shall include an erosion and sediment control element setting
forth reasonable mitigation measures in accord with the excavating
and grading and Subdivision Ordinances of the City. Grading shall
be representative of adjacent topography and be an extension of
natural contours insofar as reasonably practical, and be designed
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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 traverse any geologic or
soil hazard shall be specifically engineered to eliminate the [isk
of failure or collapse, and set backs from hazard areas shall be
in accord with the geologic and soil investigation report and
recommendations.
(b) Geologic and Soil Report.
(1) A combined preliminary geologic and soil
investigation and report prepared by a certified
engineering geologist licensed by the State of Cali-
fornia and by a registered civil engineer qualified in
soil mechanics by said State, shall be filed in conjunc-
tion with the site development plan unless the City
geologist or City engineer determines that existing
information pertinent to the subdivision or the site
approval makes preliminary analysis or any part thereof
unnecessary. The geologic and soil report shall fully
and clearly present:
(i) All pertinent data, interpretations and
evaluations based on the most current pr6fes-
sionally recognized soil and geologic data;
(ii) The significance of the data, interpreta-
tions and evaluations with respect to the actual
development or implementation~of the intended land
use through the identification of any significant
geologic problems, critically expansive soil or
other unstable soil condition which, if not cor-
rected, may lead to structural damage or'aggrava-
tion of future geologic problems both on and off
the site;
(iii) Recommendations for corrective measures
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deemed necessary to prevent or significantly
mitigate potential damage to the proposed project
and adjacent properties or otherwise to insure safe
development of the property; and
(iv) Recommendations for additional investiga-
tions that should be made to insure safe develop-
ment of the property.
(2) The City shall also require the following
additional studies prior to approval of a site, develop-
ment plan or prior to issuance of a building permit,
unless the City geologist or City engineer determines
that existing information pertinent to the subdivision
or the site approval provides the same data as would
have been obtained from any or all of such additional
studies.
(i) Soil and foundation engineering investi-
gation by a registered civil engineer addressing
site preparation (clearing and stripping), grading
requirements (cut and fill design and construc-
tion), pavement design, drainage (surface and
subsurface), utility trench backfilling, design
parameters for foundations and retaining walls,
soil stability, technical plan 'review, and field
inspection procedures.
(ii) With respect to any-terrain on or within
100 feet of a significant recognized landslide
deposit, an investigation by a certified engineer-
ing geologist including a detailed evaluation of
the natural slope conditions and recommendations
for the treatment or correction of any unstable
slopes. Slope stability studies may require
extensive subsurface work.
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(iii) With respect to any area within 100 feet
of a recognized trace of the potentially active
Berrocal fault, an investigation by a certified
engineering geologist addressing the seismic
hazards related to the nearby trace, with particu-
lar emphasis on evaluation of possible surface
faulting. Investigative techniques will require
subsurface trenching and possibly geophysical
traverses unless clear evidence is presented to
show that no fault crosses the site of a habitable
structure.
(iv) A slope stability analysis showing the
building site and its immediately surrounding area
having a factor of safety against failure of at
least 1.5 or equivalent, in the event of an 8.3
magnitude earthquake on the San Andteas Fault.
(3) The results of the geologic and soil investi-
gations referred to in subparagraphs (b)(1) and (b)(2)
above shall be reviewed'and approved by the City and
shall become conditions of approval of a development
proposal. The soil engineer and the engineering geolo-
gist may be required to submit reports during grading,
during construction, and following completion of the
project. The final report shall affirm that the grading
and foundation excavations were done under the supervi-
sion of a soil engineer and/or engineering geologist,
shall describe the as-built condition of the project,
and shall contain such other information as may be
required by the City.
(c) Location of Building Sites
(1) In locating building sites, preference shall
be given to areas classified in the City's geologic maps
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as Sbr, Sis, Sun and Sex. Sites on potentially moving
slopes (Pmw, Ps, Pd) and moving slopes (Ms) shall not be
approved unless geologic and soil engineeringlanalysis
provided by the applicant demonstrate long-te~m stability
to the satisfactionof the City.
(2) The average natural grade of the footprint
underneath any home, swimming pool or other structure
shall not exceed 30 percent slope, and no home, swimming
pool or other structure shall be built upon a slope
which exceeds 40 percent natural slope at any location
under the structure between two 5 foot contour lines,
except that: (i) a variance pursuant to Article 17 may
be granted where the findings prescribed in SeCtion 17.6
can be made, and (ii) an exception under Section 15.2 of
Ordinance NS-60, the Subdivision Ordinance, may be
granted.
(3) No structure shall be located so as to extend
to an elevation within eight feet from the top of the
nearest adjacent major ridge that does not have dense
tree cover, except that a variance pursuant to~Article
17 may be granted where the findings prescribed in
Section 17.6 can be made. The Planning Commission may
require further movement of the home or other structure
below the top of a major ridge when deemed necessary in
order to preserve the scenic character of the major
ridge.
(d) Clustering of Dwelling Units
Dwelling units may be c~ustered with the approval
· of the Planning Commission. Such approval shall be
based upon a finding that the clustering of dwelling
units will significantly promote the purposes of this
Article while allowing reasonable use and enjoyment of
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the site. The clustering of dwelling units shall be
subject to the restrictions on density as setrforth in
Section 3B.6 and the yard requirements as set forth in
Section 3B.10(c).
Section 3B.8 - Grading
(a) Extent of Grading. Grading shall be limited to the
minimum necessary for use of a site. Portions of a site exceeding
30 percent slope shall not be graded without prior specific
approval by the Planning Commission. Grading shall be minimized
in areas classified in the City's geologic maps as Ps or Pd. Mass
grading which would unreasonably affect the natural character of
the area shall not be permitted.
(b) Corrective Grading. Corrective grading for exist-
ing or proposed developments may be permitted with prior specific
approval by the Planning Commission, based upon findings that:
(1) The corrective grading is necessary to mini-
mize risks from geologic.hazards; and
(2) The corrective grading will not result in
removal of major trees; and
(3) The corrective grading will not irrevocably
damage the City's scenic resources; and
(4) The benefit to the general public exceeds the
environmental impact of the corrective grading.
(c) Graded Building Sites. No building site shall be
graded so as to create a flat visible pad surrounding the main
residential structure.
(d) Cut and fill slopes. Visible cut or fill slopes
shall not exceed 3 horizontal to 1 vertical; provided, however,
that slopes as steep as 2 horizontal to 1 vertical may be approved
by the City Engineer upon finding that the appearance or stability
of the completed project will be superior to the result that would
be obtained by adhering to the 3:1 standard.
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Section 3B.9 - Height of Structures
No structure shall exceed the following heights:
(a) No structure shall extend to an elevation within
eight feet from the top of the nearest adjacent major ridge that
does not have dense tree cover.
(b) No main structure shall extend to an elevation more
than 12 feet above the nearest adjacent minor ridge that does not
have dense tree cover.
(c) A main structure not limited by paragraphs (a) or
(b) above, shall not exceed the height as may be permitted under
Ordinance NS-3.47, the Design Review Ordinance.
(d) An accessory structure not limited by paragraph (a)
above shall not exceed 12 feet in height.
Section 3B.10 - Minimum Yards and Setbacks.
(a) Except as otherwise provided in Paragraphs (b) and
(c) of this Section, the minimum front, side and rear yards of the
main residential structure on each site shall be as follows:
Front Side Rear
Yard Yard Yard
Single story structure 30 ft. 20 ft. 50 ft.
multi-story structure 45 ft. 30 ft. 60 ft.
(b) The minimum 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) The minimum side yard requirements set forth in
Paragraph (a) of this Section 3B.10 shall not apply to clustered
dwelling units and such units may be located at any point within
the side property lines; provided, however, the minimum space
between clustered dwelling units on adjacent sites shall be not
less than 30 feet.
Section 3B.11 - Minimum Frontage Width and Depth.
The minimum site frontage, site width and site depth
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shall be as follows:'
Frontage Width Depth
80 ft. 100 ft. 150 ft.
Notwithstanding the foregoing, on a cul-de-sac turn-
around, the minimum frontage shall be 60 feet where 75 percent or
more of the frontage adjoins the turnaround.
Section 3B.12 - Signs.
No sign, outdoor advertising structure, or display of
any character shall be permitted except as provided in Article 10.
Section 3B.13 - Off-street parking and loading facilities.
Off-street parking facilities and off-street loading
facilities shall be provided on the site of each use, a~ pre-
scribed in Article 11.
Section 3B.14 -'Design Review.
No main residential structure may be constructed or
erected in an NHR zoning district without prior design review
approval by the Planning Commission. Accessory structures or
major additions shall be subject to design review approval when
required under the provisions of Ordinance NS-3.47.
Section 3B.15 - Regulation of Storage of Automobiles, Boats, etc.
Sections 3.14 and 3.14-1 shall apply to the NHR zoning
district.
Section 3B.16 - General Provisions and Exceptions.
The general provisions and exceptions as contained in
Article 14 shall apply to the NHR zoning district, except as
follows:
(a) Sections 14.1, 14.8 and 14.9 shall not be applicable.
(b) Section 14.3 shall not be construed or applied so
as to increase the density permitted under Section 3B.6(a), unless
the lot is specifically exempted from the density requirements
under Section 3B.6(c).
Section 3B.17 - Variances.
In addition to the variance powers set forth in Section
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-..' 17.2 or' specifically set forth in this Article, the City Planning
Commission may grant variances to the regulations concerning
· gradingas contained in Sections 3B.8(c) and 3B.8(d).
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 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.
This Ordinance shall take effect thirty (30) days after
its passage and adoption.
The foregoing Ordinance was introduced and adopted at a
regular meeting of the City Council of the City of Saratoga held
on the 27th day of April , 1982, by the following vote:
AYES, and in favor thereof, Council members: Clevenger, Jensen, Mallory,
andMayor Callon
NOES, Council members: None
ABSENT, council members: Watson.
MAYOR
TEST'
Deputy~eFk '~'~_ ~
The mxe and fornolo(rig is a tru d~Orre(;l
cor;V r:" ."' '. ' . .'~i Ch has been
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