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HomeMy WebLinkAbout07-09-1985 City Council Agenda packetF dr (3 AGENDA BILL NO. vl 0 3 DATE: July 9, 1985 DEPARTMENT: City Attorney CITY OF SARATOGA SUBJECT: Revision of Second Unit Ordinance Exhibits /Attachments Memo from City Attorney dated August '3. INITIAL DEPT. HD. C. ATTORNEY C. MGR. Issue Summary The Planning Com mission has considered and approved the changes to the Second Unit Ordinance as suggested by the City Council, together with some additional changes recommended by the Commission for adoption. The changes are summarized in the Memorandum from the City Attorney submitted herewith along with the earlier Memorandum to the Planning Commission dated June 21, 1985. Most of the changes are intended to liberalize the regulations concerning existing second units and to slightly expand the circumstances under which both new and existing second units will be allowed in the R- 1- 10,000 zoning district. Recommendation (1) Conduct public hearing on the proposed ordinance. (2) The Planning Commission has recommended adoption of the ordinance in the form as shown on the draft dated June 20, 1985. Fiscal Impacts Increase in revenue from application fees to the extent the new ordinance will allow additional second units to be created or legalized. Council Action 9/4: Introduded :ordinance, and approved Negative Declaration. 9/18: Adopted Ordinance NS -3.72. PAUL B. SMITH ERIC L. FARASYN LEONARD J. SIEGAL HAROLD S. TOPPEL GREGORY A. MANCHUK STEVEN G. BAIRD NICHOLAS C. FEDELI, JR. ATKINSON FARASYN ATTORNEYS AT LAW 660 WEST DANA STREET P.O. BOX 279 MOUNTAIN VIEW, CALIFORNIA 94042 (415) 967 -6941 MEMORANDUM TO: Saratoga City Council FROM: Harold S. Toppel, City Attorney RE: Second Unit Ordinance DATE: August 23, 1985 Saratoga City Attorney J. M. ATKINSON, (1892 -1982) L. M. FARASYN, (1915 -19791 The saga of second units continues with a further draft dated August 22, 1985, incorporating the changes discussed by the Council at your regular meeting on August 21, 1985. There was apparent consensus with respect to the following items: 1. The automatic waiver of the owner occupancy requirement with respect to a person suffering from physical or mental disability has been eliminated from Subpargraph 16A.4(h) on page 2 of the proposed ordinance. In lieu thereof, a new section has been added as Section 16A.4 -1 (on page 2) authorizing the Planning Commission to waive the owner occupancy or age restriction, or both, upon a showing that by reason of special circumstances, such restrictions would impose an extreme hardship upon the owner or occupant of the property. During your meeting on August 21st, the suggestion was made that the City Council should have such authority, but I assumed the Council would agree to the Planning Commission exercising this discretion as the body having the initial responsibility for approval of applications for second unit use permits. The ordinance can easily be changed at the time of your next meeting if it is the desire of the Council to require that all applications for such waivers be submitted directly to you. 2. A reference to Subparagraph 16A.4(c) has now been restored in Section 16A.11 concerning legalization of existing second units. The Planning Commission may now modify (without the necessity for a variance) the size restriction of eight hundred square feet. 3. The special rules concerning off street parking as applied to existing second units have been retained in Subparagraph 16A.11(b)(3). 4. New second units shall continue to be excluded from the R -1- 10,000 zoning district. Dear Mayor Clevenget and Councilmenbers: Harriet' Handler, 13385 Ronnie Way, Saratoga, I need to state briefly and succinctly why, y y y, in my opinion, the priviledge or variance be factored -in the proposed new ordinance for second unit housing in some R- 1- 10,000 zoning districts. A specific case in point my Daughterls desire to share her home with me.. We can meet each and every stipulation in the current ordinance, except, lot size instead of the. required 12,500 square feet we have approximately 12,480 square feet 13 Adding to the. irony of the situation, the datum dingy line, between the R- 1- 10,000and R- 1- 12,500 zoning district is also may DaughterTs rear yard property line. Her propert im mediately abuts yto a `R 1 12X00 Adding a bit more irony to your provision which grants leniency for handicapped and /or persons over 60 I answer to both catagories, and have documentation which confirms a permanent disability. Because, rr DauGhterts home faces and takes access from „a R- 1- 12,500_ zoned .street this fact should Ive more credence to my plea for a variance. I plead, for "maneuvering space I have learnt in life and living, "absolutes" are self-defeating. I ask, respectfully 1) that you approach new second unit housing as courageously, kindly, and with the same co- operation you have shown to existing, illegal, second units. -2) I ask that you, please permit a variance proceedure, as a vehicle, in the new ordinance, to be used for promoting fairness .and.to. adjust_. inequities._ 3) I.. ask,: that you open your heart and mind, if not, at this time, then, in the near future to ;imited R -1- 10.000 zoning for second unit housing. There are contingencies where that consideration is the only viable hope, a life -line and a "reprieve” giving some older Saratogans a means for continued financial independence, an opportunity, to remain a productive member of the Saratoga Community. Thank YOU for hearing me and I thank You for any and all consideration,, AGENDA BILL NO. Rob DATE: July 9, 1985 C. ATTORNEY DEPARTMENT: City Attorney C. MGR. SUBJECT: Amendment to Zoning Ordinance Regarding Time Limits and Extensions on Zoning Approvals Issue Summary The City Attorney initiated an amendment to the zoning ordinance concerning the expiration and extension of design review approvals, variances and use permits. Under the proposed ordinance, such zoning approvals would initially be effective and may be extended for the same periods of time as applicable to approvals granted under the subdivision ordinance. The problems now created under the current ordinance are described in the Memorandum from the City Attorney to the Planning Commission dated May 21, 1985. The Commission has recommended adoption of the ordinance in the form as originally presented by the City Attorney. Recommendation (1) Conduct public hearing on the proposed ordinance. (2) The Planning Commission has recommended adoption of the ordinance in the form of the draft dated June 5, 1985. Fiscal Impacts No substantial impacts. CITY OF SARATOGA INITIAL DEPT. HD. Or Exhibits /Attachments (1) Memorandum from City Attorney to the Planning Commission dated May 21, 1985. (2) Proposed ordinance. (3) Negative declaration. (4) Resolution of the Planning Commission recommending adoption of ordinance. (5) Minutes of proceedings conducted by the Planning Commission on June 12, 1985. Council Action 8/7: Approved Negative Declaration and introduced ordinance. 8/21: Adopted Ordinance NS 3.70. PAUL B. SMITH ERIC L. FARASYN LEONARD J. SIEGAL HAROLD 5. TOPPEL GREGORY A. MANCHUK STEVEN G. BAIRD ALEXANDER J. TRAFICANTI ATKINSON FARASYN ATTORNEYS AT LAW 660 WEST DANA STREET P.O. BOX 279 MOUNTAIN VIEW, CALIFORNIA 94042 (415) 967 -6941 MEMORANDUM TO: Saratoga Planning Commission FROM: Harold S. Toppel, Saratoga City Attorney RE: Expiration dates on design reviews, use permits and variances DATE: May 21, 1985 Submitted herewith is a proposed ordinance amending Articles 13, 13A, 16, 16A and 17 of the Zoning Ordinance to establish initial expiration dates and extensions for design reviews, use permits and variances corresponding to the time limits now contained in the Subdivision Ordinance. Such approvals would now be effective for an initial period of twenty four months, with possible extensions therefter not exceeding a total of thirty six months. This ordinance is being suggested as part of the ongoing effort to streamline the permit review process. It has long been the policy of the City, and also the State, to process at the same time all applications required for a development project. The time and expense on the part of both the City and the applicant is thereby minimized. Thus, the Planning Commission has customarily been presented with applications for building site approval, design review and perhaps a variance as well, all combined into a single staff report. All aspects of the proposed development can thereby be reviewed at the same time. However, under our present ordinances, the expiration dates on these approvals would be different. The building site approval would initially expire after two years, the design review approval would initially expire after eighteen months, and the variance would initially expire after one year. The same disparity applies with respect to extensions. Under present ordinances, the building site approval may be extended for up to thirty six months, the design review approval may be extended for up to twenty four months, but the variance can only be extended for twelve additional months. The problem is further compounded by the existing time limits applicable to a use permit. As a matter of logical development procedure, the intended use of a site should first be approved before consideration of the actual design of improvements to be constructed thereon. In other words, where a proposed development requires a conditional use permit, such use permit should be granted before attention is given to design review, variances or other such approvals. However, under the existing Zoning Ordinance, a use permit will be effective for only one year and may be extended for only one additional year. Consequently, if a developer secures building site approval and a use permit at the same time, the use J. M, ATKINSON, (1892 -1962) L. M: FARASYN. (1915-1979) permit cannot be kept in force for a period corresponding with the building site approval. Although the City has no responsibility to remind applicants of any expiration dates, we have encountered situations where multiple approvals were granted at the same time and the applicant neglected to request an extension for one approval because he thought the time limit on another approval was applicable. Even where a timely request for extension is made, the applicant may exhaust his available extensions under one approval and not another. For example, if a design review approval is granted but such approval is dependent upon a variance as well, the variance can only be extended for twelve months whereas the design review can be extended for twenty four months. The proposed ordinance will hopefully eliminate most of these discrepancies by establishing the same periods of time for approvals granted under both the Subdivision and Zoning Ordinances, including the different types of approvals (design review, use permit and variance) granted within the framework of the Zoning Ordinance. There is one significant distinction which should be noted concerning extensions. With respect to extensions under the Subdivision Ordinance, State law prohibits the advisory agency from imposing any new conditions as part of such extension. The choice is to either approve or deny the application. However, no such restriction applies to extensions pursuant to the Zoning Ordinance. Thus, the proposed ordinance expressly states that any extension of a design review approval, use permit or variance may be either denied or granted subject to conditions. No applicant is entitled to an extension as a matter of right -and the Planning Commission or Site Review Committee, or City Council on appeal, always retains the authority to deny the application. The proposed ordinance also serves to codify the existing practice of conducting a public hearing on applications for extension where a public hearing was required in connection with the original approval. With the implementation of a public hearing consent calendar on the agenda of the Planning Commission, this practice has not served to cause any delay in your regular m ;ng B S. T Saratoga City Attorney EIA -4 ile No: C -223 Saratoga DECLARATION THAT ENVIRONMENTAL IMPACT REPORT NOT REQUIRED (Negative Declaration) PROJECT DESCRIPTION Environmental Quality Act of 1970 The undersigned, Director of Planning and Environmental Control of the CITY OF SARATOGA, a Municipal Corporation, after study and evaluation has determined, and does hereby determine, pursuant to the applicable provisions of the Environmental Quality Act of 1970,-Sections 15080 through 15083 of the California Administrative Code, and Resolution 653 of the City of Saratoga, that the following described project will have no significant effect (no substantial adverse impact) on the environment within the terms and meaning of said Act. Amend the text of the Zoning Ordinance of the City of Saratoga to establish initial expira- tion dates and extensions for Design Reviews, Use Permits and Variances corresponding to the time limits now contained in the Subdivision Ordinance. Such approvals would become effective for an initial period of 24 months, with possible extensions thereafter not exceeding a total of 36 months. NAME AND ADDRESS OF APPLICANT City of Saratoga 13777 Fruitvale Ave. Saratoga, CA. 95070 REASON FOR NEGATIVE DECLARATION The proposed project will have no.si.gnificant effect on the environment since changes to the Ordinance relate only to the effective dates and periods of extension and not to other re- quirements of the zoning districts. Executed at Saratoga, California this 23rd day of May ROBERT S. SHOOK DIRECTOR OF COMMUNITY DEVELOPMENT AND ENVIRONMENTAL CONTROL OF THE CITY OF SARATOGA DIRECTOR'S AUTHORIZED STAFF MEMBER 19 85 RESOLUTION RECOMMENDING PROPOSED AMENDMENTS TO THE TEXT OF THE ZONING ORDINANCE REGARDING TIME LIMITS FOR DESIGN REVIEW, VARIANCE AND USE PERMIT APPROVALS WHEREAS, the Commission held a Public Hearing on said proposed amendment, which Public Hearing was held at the following time and place, to wit: At the hour of 7:30 p.m. on the 12th day of June 1985, at the City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California; and thereafter said hearing was closed, and WHEREAS, after consideration of the proposed amendment as it would affect the zoning regulations of the City of Saratoga, and after consideration of a Negative Declaration prepared for the project and brought before the Commission, this Commission has made certain findings and is of the opinion that the proposed amendment attached hereto and marked Exhibit "C" should be affirmatively recommended to the City Council. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Saratoga as follows:, That the proposed amendment attached hereto be and the same is hereby affirmatively recommended to the City Council of the City of Saratoga for adoption as part of the Zoning Ordinance of said City, and that the Report of Findings of this Commission, a copy of which report is attached hereto and marked Exhibit "B be and the same is hereby approved, and BE IT FURTHER RESOLVED that the Secretary is directed to send .a copy of this Resolution of Recommendation with attached Proposed Amendment and Report of Findings and summary of hearings held by this Commission to the City Council for further action in accordance with State Law. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 12th day of June 1985 by the following roll call vote: AYES: Commissioners Burger, B. Harris, J. Harris, Peterson, Schaefer and Siegfried NOES: None ABSENT: None ABSTAIN: None ATTEST: 1 v Secrt RESOLUTION NO. C -223 -1 1 Chairman of the Planning Commission FINDINGS: 1. The proposed changes in the text of the zoning ordinance are required to achieve the objectives of the General Plan and the zoning ordinance as prescribed in Section 1.1 of the ordinance. 2. The proposed zoning amendment will not have a significant impact on the environment, or adversely affect public health, safety or welfare. 3. The proposed changes in the text of the zoning ordinance will create consistent time limits or expiration dates for the multiple applications 'required for certain development projects. This will clarify project status and eliminate confusion for project proponents, citizens and staff. 2 C -223 "Exhibit B" Planning Commission Page 9 Minutes Meeting 6/12/85 14. C -222 City of Sa toga, Consider Amending Certain Zoning Regulations of the City of Saratoga pertaining to uses, site c verage, accessory structures, distance between struc ures and setbacks in the R -1, HC -RD and NHR zoning districts There was a consensus that this matter should be continued to a study session, to allow the Commission to determine the definition of an accessory structure. It was directed that it be continued to a study s sion on June 18, 1985 nd the Regular meeting of June 26, 1985. -223 City of Saratoga, Consider Amending,Certain Zoning Regulations of the City of Saratoga to lengthen the effective period of Design Review, Use Permit and Variance Approvals and lengthen the period allowed for the extensions of these applications per Ordi- nance NS -3 The City Attorney stated that the only change that had been made since the study session was to eliminate the reference to second unit use permits. The public hearing was opened at 10:26 p.m. Commissioner Siegfried moved to close the public hearing. Commissioner Burger seconded the motion, which was carried unanimously. Commissioner J. Harris moved to adopt Resolution C- 223 -1. Commissioner Burger seconded the motion, which was carried unanimously 6 -0. MISCELLANEOUS James Canha, the applicant, de cribed the cantilever. Commissioner Burger added that the building has progressed to an extent where it would probably represent a hards ip to tear down what has been done and redo it. Commissioner Schaefer ommented that something needs to be done to provide architectural r lief. Commissioner Harris agreed. Commissioner Schaefer suggested th t something be done to the roof line, and possibly shutters added. There was a consensus to continue t e item, in order to allow all the 1 Commissioners to visit the site. t was directed that the matter be continued to a Regular Adjourned Me ting on June 18, 1985 at 7:00 p.m. The applicant was requested to submit suggestions at that time to help mitigate the situation. 17. SDR -1462 -Mr. and Mrs. Schaffer, C x Avenue, Building Site Approval, 2 lots, Request for Deferred Improvement Agreement for Condition E -4 The request was explained by Staff, stating that they recommend that the applicant enter into a Deferred Improvement Agreement for the work, should there ever be an occasion that the balance of the street would be undergrounded. Mr. Schaffer, the applicant, agreed to the Deferred 16. A -1038 Mrs. Bobbi Canha, 12784 Paseo Presada, Request for V -672 Relief of ndition #5 of Design Review Approval Staff explained the reques stating that it had not been noticed that the required offset was not shown on the plans, and the project has now been redtagged by the inspec or. Commissioner Burger gave a L nd Use Committee report, stating that it appeared that the second sto had been set back 18" from the eave, rather than from the first sto y. AGENDA BILL NO. qo CITY OF SARATOGA DATE: July 9, 1985 C. ATTORNEY INITIAL DEPT. HD. i Council Action 8/7: Referred to study session. 8/21: Approved Negative Declaration and introduced ordinance. 9/4: Adopted Ordinance NS 60.17. DEPARTMENT: City Attorney C. MGR. SUBJECT: Revision of Zoning Regulations Pertaining to Certain Uses, Site Coverage, Accessory Structures, Distance Between Structures and Setbacks in the Residential Zoning Districts Issue Summary The Planning Commission has recommended certain amendments to the Zoning Ordinance to liberalize the regulation of accessory structures in the residential zoning district. Staff has also utilized this opportunity to include several other technical amendments unrelated to accessory structures. The changes are described in the Memoranda from the City Attorney to the Planning Commission dated May 22, 1985, and June 21, 1985. Basically, the proposed ordinance will allow certain types of accessory structures within a required side or rear yard and establishes special setback and height limitations for such structures, with the Planning Commission and Site Review Committee having authority to modify these standards through the issuance of a use permit. The proposed ordinance would also increase the amount of impervious coverage for flatland lots in the R- 1- 20,000 and R -1- 40,000 zoning districts from 45% and 35 respectively, to 50% in both cases. A special rule has also been added to permit bay windows to encroach into any required yard for distance not exceeding two feet. Recommendation (1) Conduct public hearing on the proposed ordinance. (2) The Planning Commission and the staff have recommended adoption of the ordinance. Fiscal Impacts Minor loss in application fees from the elimination of a use permit or variance for certain accessory structures located within a side or rear yard. Exhibits /Attachments (1) Memoranda from City Attorney to the Planning Commission dated May 23„, 1985, and June 21, 1985. (2) Proposed ordinance. (3) Negative declaration. (4) Resolution of the Planning Commission recommending adoption of ordinance. (5) Minutes of proceedings conducted by the Planning Commission on June 26, 1985. PAUL B. SMITH ERIC L. FARASYN LEONARD J. SIEGAL HAROLD S. TOPPEL GREGORY A. MANCHUK STEVEN G. BAIRO ALEXANDER J. TRAFICANTI AT1 INSON FARASYN ATTORNEYS AT LAW 660 WEST DANA STREET P.O. BOX 279 MOUNTAIN VIEW, CALIFORNIA 03042 (4151 967 -6941 MEMORANDUM TO: Saratoga Planning Commission FROM: Harold S. Toppel, Saratoga City Attorney RE: Accessory structures in residential districts DATE: May 22, 1985 Submitted herewith is a proposed ordinance amending the zoning regulations to permit various accessory structures to be located in a required rear yard. The ordinance incorporates the suggestions by the Planning Commission at your study session several months ago dealing with the subject of accessory structures. In addition, we have also included a few other changes to resolve some problems encountered by staff unrelated to accessory structures. The main features of the ordinance are as follows: J. M ATKIN50N. FARASYN, (1915 -19791 Section 1: This Section amends the setback regulations relating to private stables and corrals. Under the existing ordinance, no stable or corral may 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. The regulations further provide that no stable or corral shall be located closer than one hundred feet from any other dwelling unit or swimming pool not on the site. The determination of a setback according to structures on adjacent property has caused some problems and staff is recommending it be deleted. Most stables and corrals in the City were established prior to adjacent residential development. In the case of the R -1 40,000 district, a stable or corral can be in compliance with the fifty foot setback from a property line, but a single family residence can then be constructed on the adjacent lot having only a twenty foot sideyard setback. The distance between the stable or corral and such dwelling unit would then be only seventy feet, rather than one hundred feet as now required in the zoning regulations. Thus, the stable or corral would be rendered nonconforming solely by the unilateral action of the adjacent property owner (who presumably constructed his residence with knowledge of the existing stable or corral). As a general rule of policy, staff does not feel it is appropriate to have setbacks and the creation of nonconformity determined by the private conduct of adjacent property owners. Section 2: Staff is suggesting that cemeteries be added as conditional uses in the R -1 districts. This proposal arises from indications we have heard that the Odd Fellows may be planning to expand the cemetery located upon their site. If such is the case, staff believes it would be appropriate to control this activity through the use permit process. Section 3: This Section increases the amount of coverage on flat lots within the R -1 20,000 and R -1 40,000 districts to fifty percent (5096) in each case, all) recommended by the Commission. Section 4: The Zoning Ordinance was recently amended to establish special setback rules pertaining to a single story addition to an existing multi -story structure or a multi -story addition to an existing single story structure. In each case, the multi -story rear yard setback was to be calculated only with respect to that portion of the structure which is multi- story. These amendments did not mention new structures, and staff believes the saine rule should be applied as in the case of additions to existing structures. In other words, if a new multi -story structure contains a portion which is single story and not exceeding twenty two feet in height, the rear yard multi -story setback should be applied only to that portion of the new structure which is multi- story. The result would be the same as if the owner first constructed a multi -story structure, and thereafter constructed a single story addition. Section 5: This Section incorporates the suggestions by the Commission concerning accessory structures in rear yards. Paragraphs (a), (b) and (c) provide for approval of the structures by the Director of Community Development. Alternatively, the Commission may wish to have these items approved by the Site Review Committee as part of a design review process under Article 13A of the Zoning Ordinance. Where a proposed accessory structure fully complies with all of the standards set forth in the ordinance, the only approval required would be a building permit issued by the Department of Community Development. If the proposed structure does not comply with the standards relative to size, height or setback, the last paragraph of the amendment would authorize either the Planning Commission or the Site Review Committee to modify the standards through the issuance of a use permit. If the. Commission wishes to be more restricticre in this regard, the requirement for a variance could be imposed. Section 6: Section 3.8 of the Zoning Ordinance is being amended to include a height limitation for accessory structures, which was previously set forth in Section 3.7 -1. Section 7: As suggested by the Planning Commission, Section 3.9 of the Zoning Ordinance requiring a ten foot distance between structures would be repealed. Section 8: This provision is merely to clean up the language in the existing ordinance concerning the requirement for design review. Sections 9, 10, 11, 12 and 13: Under these Sections, the amendments previously discussed to the regulations for the R -1 zoning district are similarly adopted for the HC-RD and NHR zoning districts. Section 14: This Section authorizes the Site Review Committee to issue use permits where accessory structures in rear yards do not comply with the height, size or setback standards contained in the ordinance. Section 15: This Section would permit bay windows to extend into any required yard for a distance not exceeding tw f et, suggested by the Commission. I HAROLD S. T Saratoga City Attorney PAUL B. SMITH ERIC L. FARASYN LEONARD J. SIEGAL HAROLD 5. TOPPEL GREGORY A. MANCHUK STEVEN G. BAIRD ALEXANDER J. TRAFICANTI ATKINSON FARASYN "ATTORNEYS AT LAW B60 WEST DANA STREET P.O. BOX 279 MOUNTAIN VIEW. CALIFORNIA 94042 (415) 967 -6941 MEMORANDUM TO: SARATOGA PLANNING CO1MMISSION FROM: HAROLD S. TOPPEL, Saratoga City Attorney RE: Amendment to Zoning Ordinance Concerning Accessory Structures DATE: June 21, 1985 M. ATKINSON. -1992) L M FARASYN, (19(5-1979 Submitted herewith is a revised ordinance pertaining to accessory structures and other miscellaneous matters, dated June 20, 1985, containing the changes as requested by the Commission during your study session on June 4, 1985, consisting of the following: 1. Section 3.7 -1 on page 2, and corresponding Sections 3A.27 -3 on page 3 and 3B.11 -1 on page 5, have been restructured and revised as follows: (a) A new paragraph has been added as (a)(1) to provide that cabanas, garages, carports, recreation rooms, hobby shops and 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 beyond six feet from the rear property line. This provision is substantially identical to the regulation now contained in the existing code regarding cabanas. (b) A sentence has been added at the end of paragraph (a)(2) to clarify that the special rules governing certain enclosed accessory structures not exceeding two hundred fifty square feet in floor area do not apply to any structure intended or used for the keeping of animals. (c) A provision has been added as paragraph (b) authorizing the Director of Community Development to refer any application within his jurisdiction to the Site Review Committee for action thereon. (d) Under paragraph (c) of this Section, the Planning Commission and the Site Review Committee have authority to modify any of the regulations concerning size, height or required setback of an accessory structure through the granting of a use permit under the normal process. 2. Section 3.8 on page 3 has been amended to delete the twelve foot height limitation for accessory structures in the R -1 zoning district. The Section discussed above imposes special height limitations with respect to any accessory structure located within a required rear or side yard. If the structure is within all setbacks, it may be constructed to a height of thirty feet (although such a structure may still be subject to design review approval under Article 13A of the zoning ordinance). I have also added some language to clarify our existing policy as contained in the General Plan that no structure shall exceed two stories. 3. Section 13A.3.1 on page 6 has been revised to conform with the modifications discussed above and also to clarify an existing ambiguity as discovered by staff. The Site Review Committee has previously been given authority for approval of design review applications on single family dwellings which comply with the applicable floor area standards. The existing ordinance also authorizes the Committee to act upon applications for "any extensions or modifications of such approval." The question has arisen as to whether this language relates only to a design review approval initially granted by the Site Review Committee or a request for extension of any design review approval (whether granted by the Planning Commission or the SRC) for a single family dwelling which complies with all applicable standards. It is our feeling that the SRC should be given jurisdiction in both cases and I have revised the ordinance to so provide. Subparagraphs (b)(1) and (b)(2) on page 7 now separate applications for initial design review approval and applications for extensions or modifications of design review approvals. Subparagraph (b)(3) has been slightly reworded to conform with the changes in the regulations concerning accessory structures as discussed above. In actuality, the SRC will only become involved with accessory structures when the Director of Community Development elects to refer an application to the SRC which otherwise would be within his jurisdiction to approve. In the case of cabanas, recreation rooms and other similar structures for which a use permit is required, the Planning Commission has been designated as the approving authority. You may wish to substitute the SRC in place of the Commission as the approving authority for issuance of such use permits. Saratoga City Attorney PROJECT DESCRIPTION Amend the text of the Zoning Ordinance of the City of Saratoga regarding certain single family residential uses, site coverage, accessory structures, distances between structures, and setbacks to provide greater clarity and flexibility. EIA -4 Saratoga The undersigned, Director of Planning and Environmental Control of the CITY OF SARATOGA, a Municipal Corporation, after study and evaluation has determined, and does hereby determine, pursuant to the applicable provisions of the Environmental Quality Act of 1970, Sections 15063 throug 15065 and Section 15070 of the California Administrative Code,_and.Resolu- tion 653- of the City of Saratoga, that the following described project wi have no effect (no substantial adverse impact) on the environm within the terms and meaning of said Act. NAME AND ADDRESS OF APPLICANT File No. DECLARATION THAT ENVIRONMENTAL IMPACT REPORT NOT REQUIRED (Negative Declaration) Environmental Quality Act of 1970 City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 REASON FOR NEGATIVE DECLARATION The proposed project will not have a significant effect on the environment since the proposed modifications are minor and will not have substantial physical effects on the environment. Individual residential development projects would still be required to be reviewed separately for potential environmental impacts. Executed at Saratoga, California this 0j'i+ day of MAY 19 ROBERT S. SHOOK DIRECTOR OF COMMUNITY DEVELOPMENT AND ENVIRONMENTAL CONTROL OF THE CITY OF SARATOGA DIRECTOR'S AUTHORIZED STAFF MEMBER "t6;41,,,,P RESOLUTION RECOMMENDING PROPOSED AMENDMENTS TO THE TEXT OF THE ZONING ORDINANCE REGARDING USES, SITE COVERAGE, ACCESSORY STRUCTURES, DISTANCE BETWEEN STRUCTURES AND SETBACKS IN THE R -1, HC -RD, AND NHR ZONING DISTRICTS WHEREAS, the Commission held a Public Hearing on said proposed amendment, which Public Hearing was held at the following time and place, to wit: At the hour of 7:30 p.m. on the 26th day. of June 1985, at the City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California; and thereafter said hearing was closed, and WHEREAS, after consideration of the proposed amendment as it would affect the zoning regulations of the City of Saratoga, and after consideration of a Negative Declaration prepared for the project and brought before the Commission, this Commission has made certain findings and is of the opinion that the proposed amendment attached hereto and marked Exhibit "C" should be affirmatively recommended to the City Council. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Saratoga as follows: That the proposed amendment attached hereto be and the same is hereby affirmatively recommended to the City Council of the City of Saratoga for adoption as part of the Zoning Ordinance of said City, and that the Report of Findings of this Commission, a copy of which report is attached hereto and marked Exhibit "B be and the same is hereby approved, and BE IT FURTHER RESOLVED that the Secretary is directed to send a copy of this Resolution of Recommendation with attached Proposed Amendment and Report of Findings and summary of hearings held by this Commission to the City Council for further action in accordance with State Law. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 26th day of June 1985 by the following roll call vote: AYES: Commissioners Burger, B. Harris, J. Harris, Peterson and Siegfried NOES: None ABSENT:Commissioner Schaefer ABSTAIN: None ATTEST: Secretary RESOLUTION NO. C -222 -1 1 Chairman of the Planning Commission FINDINGS: C -222 -1 "Exhibit B" 1. The proposed changes in the text of the zoning ordinance are required to achieve the objectives of the General Plan and the zoning ordinance as prescribed in Section 1.1 of the ordinance. 2. The proposed zoning amendment will not have a significant impact on the environment, or adversely affect public health, safety or welfare. 3. The proposed zoning amendment streamlines and clarifies the permit procedure for accessory structures while substantially maintaining existing City standards. 4. The proposed zoning amendment regarding addition of cemetaries as a conditional use in R -1 districts recognizes the existence of such uses in the City and clarifies an existing interpretation of this zoning ordinance. 5. The proposed zoning amendments regarding setbacks, coverage and distance between structures will add clarity and flexibility to ordinance standards without a reduction in the quality of the City's environment. 2 Th 3 Planning Commission Page 3 Minutes Meeting 6/26/85 SD -1584 the subdiv\•.sion. It was dire that this matter be continued to July 10, 1985, with the applicant submitting a clear indication of pad elevation and relative heights for Plan #1. Commissioner J. Harris indicated that she would feel comfortable with the statement in the Staff Report that the five lots discussed :previously may be two- story, but they will be considered on a case -by -case basis. There was a consensus to that effect. 6. SUP -8 Nadine McCullough, 14985 Quito Road, Request for Second Unit Use Permit to allow two (2) existing Second Units on two (2) separate parcels in the R 1- 4,0,00 zoning district; continued from February 27, 1985 (to be continued to September 25, 1985) It was directed that this matter be continued to September 25, 1985. 7a. SUP -12.- Charles.Bolander Trust, 14231 Douglass Lane, Request 7b. V -678 for Second`. Unit Use Permit to allow an existing, detached', one -story second unit and Variance Approval to maintain,a 3.5 ft. rear yard setback and 3 ft. side yard setback where 35 ft. and 15 ft. are required respectively and to provide two (2) covered parking spaces where three (3) are required, in the R -1- 20,000 zoning district; continued to June 26, 1985 (to be con- tinued to September 25, 1985) It was directed that this matter be continued to September 25, 1985. L� C -222 City of Saratoga, Consider Amending Certain Zoning Regulations of the City of Saratoga pertaining to uses, site coverage, accessory structures, dis- tance between structures and setbacks in the R -1, HC -RD and NHR zoning districts; continued from June 12, 1985 The City Attorney explained the changes that have been made to the ordinance. The public hearing was opened at 7:45 p.m. No one appeared to speak on this issue. Commissioner Burger moved to close the public hearing. Commissioner Siegfried seconded the motion, which was carried unanimously. Discussion followed on the Site Review Committee reviewing use permits for the cabanas, recreation rooms and similar structures. Commissioner Burger stated that she feels the Site Review Committee could handle those applications, and there was a consensus to that effect. She moved to adopt Resolution C -222, with the change in Section 3.7- 1(a)1, making the Site Review Committee the body that would grant the use permit for the items indicated in that paragraph and the other corresponding sections. Commissioner B. Harris seconded the motion, which was carried unanimously 5 -0. 9. A -913 Charles Masters, Regviest Modification of Design Mod. Review Approval for a• \new, 29.5 ft., single family residence on a hillside lot which exceeds the 6200 sq. ft. standard at Lot 24, Tract 6665 Congress Hall Lane in the NHR zoning \district Staff explained the application, recommending denial. They described the lot and the grading. Commissioner J. Harris gave a Land Use Committee report, noting the oak trees that partially screen the UMW Una] MEMORANDUM TO: FROM: SUBJECT: 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 867 -3438 City Council Deputy City Clerk Information Requested Concerning Previous Accessory Structure Ordinance DATE: August 8, 1985 At the meeting of August 7 the Council requested information on the current ordinance in connection with the discussion of the Zoning Ordinance Amendments pertaining to uses, site coverage, accessory structures, distance between structures and setbacks in certain zoning districts. Attached is the current code section dealing with accessory structures in rear yards, which seemed to be the principal concern. Appx. B, 3.7 -1 Zoning Regulations Appx. B, 3.7 -1 On a corridor access lot with an average width that exceeds its average depth, the longer dimension may be considered the depth for the purposes of measuring front, side and rear yards. Accessory structures not attached in any way to the main structure and not exceeding fourteen feet in height may be located in the required rear yard; provided, that no more than five hundred square feet or ten percent of the area of the required rear yard, whichever is the greater, shall be covered by such structures; and provided further, that on a reversed corner lot no such detached accessory structure shall be located closer to the rear property line than the required side yard on the ad- joining key lot. (Ord. No. NS -3.7, 2; Ord. No. NS -3.22, 1; Ord. No. NS -3.54, 2.) Sec. 3.7 -1. Accessory structures in rear yards. (a) No accessory structure located in a rear yard shall exceed twelve feet in height. Except as otherwise permitted by subsection (b), no accessory structure or fence shall be located in the required rear yard of any lot or site. (b) Accessory structures and fences may be located in the required rear yard of a site subject to the following requirements: (1) A use permit shall first be obtained under article 16 of this ordinance for any accessory structure over six feet in height and any fence over six feet in height. (2) Except as hereafter provided, the setback of the accessory structure from the rear property line shall be a minimum of twenty -five feet, and setback from the side property line shall be the same distance as the minimum required side yard of the zoning district classification of the site. On a reversed corner lot, no accessory structure shall be located closer to the rear property line than the distance equal to the required side yard of the adjoining key lot. (3) Cabanas and shade structures, not exceeding two hundred fifty square feet in floor area, may be located within twenty -five feet of the rear property line, but shall be no closer than six feet to such rear property line and shall not exceed eight feet in overall height plus one additional foot in height for each additional three feet of setback from side and rear property lines, up to a maximum of ten feet in overall height. (4) Gardening and storage sheds and structures separated from a cabana in which swimming pool equipment is housed, may be located within twenty -five feet of the rear property line, so long as (a) no such structure exceeds six feet in height nor three feet in depth, and (b) in the event any such structure houses machinery or other fixed equip- ment capable of creating noise audible outside of the structure, it shall not be located closer than six feet to the side and rear property lines. (Ord. No. NS -3.22, 2.) 235 Supp. 12/83 AGENDA BILL NO: DATE: Julx 9, 1985- S7 1 Initial: Dept. Head: City Atty: DEPARTMENT: Maintenance City Mgr: SUBJECT: Rate Increase Signal Maintenance Contract Issue Summary We have recently received a request from Signal Maintenance, Inca for an increase in the rate which they charge monthly to perform the routine maintenance on our traffic signals. Our contract with them provides that an adjustment "may be negotiated each year following the anniversary date of this agreement. These negotiations will be based upon the Consumer Price Index, San Francisco, and will be subject to the approval of the City." The request points out that the CPI increased 5.5% in the twelve month period ending February 1985. The requested adjustment in the amount of five percent (5 applied to our current rate of $68.67 per intersection per month would add $3.43 and bring the rate to $72.10. This request is that the new rate take effect on August 1, 1985. Recommendation Council should approve the requested rate adjustment. This increase has been anticipated and is reflected in the 1985 -86 budget. Fiscal Impact This increase is reflected in the 1985 -86 budget. Attachments Letter from Signal Maintenance, Inc. with attachments. Council Action 7/17: Approved staff recommendation 5-0. e,„„.„ July 1, 1985 Mr. Van Trinidad, Jr. Director of Maintenance City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 Dear Mr. Trinidad: SIGNAL MAINTENANCE INC. Re: Traffic Signal Maintenance Services In follow up to our telephone conversation, please consider this letter as formal acknowledgement of our concurrence to extend our Agreement for another year. As discussed, in dealing with severe increases in our cost of liability insurance coverage, I must ask for a rate adjustment to become effective August 1 or as soon thereafter as possible. The last such adjustment, effective July 1, 1984, was bases on the CPI for the twelve month period ending February. I am enclosing a copy of the February 1985 report which indicates an increase of 5.5 This adjustment is requested in the amount of five percent (5 equaling $3.43 per month per intersection. I am also enclosing a copy of the Labor and Equipment Schedules for Extra ordinary Maintenance which reflects the same percentage increase. I will appreciate your advisement on this matter at your earliest con- venience. Thank you. Very truly yours, William C. Sondergard President WCS /bas Encl. cc: R. Hudson, SMI, Santa Clara, w /encl. Main Office: 2720 E. Regal Park Dr., Anaheim, CA 92806 (714) 630 -4900 Regional Office: 3395 Viso Ct., Santa Clara, CA 95050 (408) 988 -5541 San Franc 1sco-Oakland Maur ].1tari .Ax- Co nsumer Price Inde (1967 =100, unless otherwise noted) INDEX All items 328.7 All items (1957 -59 =100) 391.1 Food and beverages 302.8 Food 314.1 Food at home 306.8 Food away from home 323.5 Alcoholic beverages 201.0 Housing 371.1 Shelter 405.9 Renters' costs 1/ 119.7 Rent, residential 322.1 Homeowners' costs 1 / 119.9 Fuel and other utilities 396.2 Furnishings and operation 268.7 Apparel and upkeep 223.1 F e b r u a r y 198 5 All Urban Consumers Percent change to Feb. 1985 from Feb. Dec. 1984 1984 Urban Wage Earners and Clerical Workers Percent change to Feb. 1985 from- Feb. Dec. INDEX 1984 1984 5.5 0.9 324.2 5.0 0.8 385.8 3.3 .8 304.8 3.1 .8 3.4 .8 315.0 3.2 .7 3.0 1.0 304.4 2.7 1.0 4.1 .5 331.6 4.0 .4 1.7 .9 203.3 2.1 1.3 7.2 1.4 356.9 6.2 1.5 8.0 .9 378.5 6.0 .9 7.9 .9 100.8 .8 8.5 .5 322.E 8.5 .5 8.1 .9 100.9 .9 5.6 -.5 398.0 6.0 -.4 6.0 4.7 272.9 6.4 5.1 5.8 2.2 214.2 5.6 1.8 Transportation 318.3 4.0 -0.5 326.8 3.7 -0.5 Private transportation 317.6 3.4 -.6 328.0 3.5 -.5 Public transportation 311.1 11.0 .1 300.2 8.0 .1 Medical care 372.7 3.9 .8 372.3 4.5 .8 Medical care services 405.1 3.7 .8 403.8 4.4 .9 Entertainment 255.1 4.9 .4 226.2 4.7 .5 Other goods and services 335.9 9.0 2.3 337.2 8.8 2.3 Commodities 287.9 4.1 1.3 289.0 3.8 1.2 Services 389.7 6.7 .5 381.5 6.5 .5 Energy 2/ 201.9 2.6 -2.6 201.8 2.7 -2.5 Special indexes: All items less shelter 304.3 4.6 .9 All items less medical care 325.8 5.5 .9 All items less energy 5/ 173.4 5.7,. ;.142: 1/ December 1982 =100 for All Urban Consumers. y December 1984 =100 for Urban WageFarners' and Clerical Workers. 2/ June 1978 =100. r° 3/ December 1977=100. 305.8 4.5 .8 321.1 5.0 .8 170.1 5.3 1.2 LEAD MAN City of Saratoga Eff. August 1, 1985 ADJUSTED LABOR S OPERATIONS SUPERINTENDENT All repair work, both field and lab, subject to his approval and direction. Available for advice and opinion as covered by specifications (Plan, Job Inspection, etc.) ENGINEERING TECHNICIAN Provides liaison, assists traffic engineer on systems and provides technical data. Primary responsibility to guide and assist field technicians and signalmen in the designated section area. TRAFFIC FIC SIGNAL TECHNICIAN FTF.T.D Primary duties are to field troubleshoot and repair field wiring, cabinet wiring, controllers, and perform routine duties of preventative maintenance. TRAFFIC SIGNAL TECHNICIAN LAB Performs complete repair and maintenance of all controllers, detectors and associated devices which are brought from the field for repairs TRAFFIC SIGNALMAN Primary duties are as directed by lead man in assisting field technicians and accomplishing preventative maintenance procedures as directed. Traffic signalman assists field technicians as demand is made and assists with knockdowns and associated repairs. TRAFFIC SIGNALMAN APPRENTICE Primary functions are to assist and receive training from traffic signalman. TRAFFIC SIGNAL LABORER Primary duties are to assist the signalman and crew in knockdown repairs and field modifications as directed. ULE SCHEDULE A STRAIGHT OVERTIME TIME 'RATE 30.41 46.50 26.60 40.69 24.07 36.84 23.44 35.85 23.57 36.10 23.44 35.85 21.85 33.42 20.27 31.00 ADJUSTED LABOR SCITEDULE Mbst of the work performed under extraordinary maintenance will be, as has been in the past, performed at traffic Signalman rate and /or traffic signalman apprentice. (These rates for contract customers only.) 2 SCHEDULE A NOTE: Straight time rate applies for the hours between 8:00 AM to 4:30 PM, Monday through Thursday, and from 8:00 AM to 12:00 Noon Friday. City of Saratoga Eff. August 1, 1985 Pickup Truck Service Ladder Truck Boom Truck Saw Truck Compressor Tools Hydraulic Man/Lift EQUIPMENT SCHEDULE FOR EXTRAORDINARY WORK SCHEDULE B HOUR DAY 6.32 47.43 6.32 47.43 18.96 126.46 40.31 276.65 18.96 118.56 18.96 126.46 Any equipment items used, but not on the above schedule will be at the local prevailing rate schedule. CITY OF SARATOGA AGENDA BILL NO. 61 INITIAL DEPT. HD. Or DATE: July 9, 1985 C. ATTORNEY DEPARTMENT: City Attorney C. MGR. SUBJECT: Revision of Nonconforming Use Ordinance Fiscal Impacts None Issue Summary As part of the general code revision process, the nonconforming use regulations (as contained in Article 15 of the Zoning Ordinance) have been completely redrafted. The changes are described in the Memorandum from the City Attorney to the Planning Commission dated May 21, 1985. Except for a slight change in the language of Section 15.3 to clarify that second units are not grandfathered under the new ordinance, the Planning Commission has recommended adoption of such ordinance in the form as originally submitted (represented by the draft dated June 7, 1985). Recommendation (1) Conduct public hearing on the proposed ordinance. (2) The Planning Commission and the staff have recommended adoption of the ordinance. Exhibits /Attachments (1) M emorandum from City Attorney to the Planning Commission dated May 21, 1985. (2) Proposed ordinance. (3) Negative declaration. (4) Resolution of the Planning Commission recommending adoption of ordinance. (5) Minutes of proceedings conducted by the Planning Commission on June 12, 1985. Council Action 7/T7: Approved Negative Declaration and introduced ordinance' as amended. $17: Adopted Ordinance NS3.69. PAUL B. SMITH ERIC L. FARASYN LEONARD J. SIEGAL HAROLD 5. TOPPEL GREGORY A. MANCHUK STEVEN G. BAIRD ALEXANDER J. TRAFICANTI ATKINSON FARASYN ATTORNEYS AT LAW 660 WEST DANA STREET P.O. BOX 279 MOUNTAIN VIEW, CALIFORNIA 94042 (415) 967 -6941 MEMORANDUM TO: Saratoga Planning Commission FROM: Harold S. Toppel, Saratoga City Attorney RE: Revision to Nonconforming Use Ordinance DATE: May 21, 1985 -1- J. M. ATKINSON, L. M. FARASYN, (1915-1979) Submitted herewith is a revised ordinance amending Article XV of the zoning regulations pertaining to nonconforming uses and structures. Please discard the draft dated April 16, 1985. All comments herein will relate to the revised draft dated May 16, 1985. A. General comments Article XV of the Zoning Ordinance pertaining to nonconforming uses and structures has been completely redrafted. The revised ordinance will hopefully resolve the inadequacies and ambiguities as now contained in the present Article, including the following: 1. The present ordinance does not clearly distinguish between nonconforming uses and nonconforming structures, thereby resulting in uncertainty as to how the regulations should be applied. 2. There is no exemption for lawfully constructed single family residences, as contained in most other ordinances of this kind. Consequently, upon a rezoning or change in regulations applicable to a residential area (such as the Northwestern Hillsides) a single family residence which does not comply with new setback or other requirements would become nonconforming and according to the literal terms of the present ordinance, such residence must be removed after expiration of the amortization period. 3. There is no process in the existing ordinance for continuation of a nonconforming use beyond the amortization period, even though such continuation may not be objectionable. Although Section 15.3 of the existing ordinance authorizes the issuance of a use permit in certain limited circumstances, this Section further provides that "such a use permit shall in no way limit the application of all other provisions regarding termination of nonconforming uses and structures." Many of the time follows: -2- limitations set forth in the existing_ ordinance are either too short or too long and are based upon standards difficult to apply. B. Major changes The major changes incorporated into the revised ordinance are as 1. New definitions have been added for the term "nonconforming facility" (which means a conforming structure or site occupied by a nonconforming use) and the term "nonconforming site." 2. Lawfully constructed single family dwellings located within any R -1, HC -RD or NHR District are exempted from the ordinance (Section 15.3). This exemption, however, would not authorize further expansion or modification of the structure in a manner which does not comply with the zoning regulations, in the absence of a variance. The exemption for single family dwellings does not include any second unit. As matters of policy, the Commission should consider whether an exemption should also be extended to: (a) Nonconforming single family dwellings located in other zoning districts; (b) Nonconforming accessory structures. 3. The rules concerning alterations and maintenance to nonconforming structures have been clarified to establish ascertainable standards and to distinguish between nonconforming structures and nonconforming facilities (Section 15.4). 4. The rules concerning termination by abandonment have been revised and clarified (Section 15.8). Under the existing ordinance, the nonuse of a structure for a period of only 90 days could be construed as abandonment. The revised ordinance specifies a time of one year with respect to structures, but preserves the 90 -day limit in the case of nonconforming uses. A provision has also been added to clarify that a discontinuance arising from certain events shall not constitute an abandonment. 5. The ordinance now includes a new set of rules concerning replacement of damaged or destroyed nonconforming facilities (Section 15.9). 6. The rules concerning replacement of a damaged or destroyed nonconforming structure have been revised (Section 15.10). Under the existing ordinance, no restoration would be allowed if the nonconforming structure was damaged to the extent of 50%, based upon "the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction, to the estimated cost of duplicating the entire structure as it existed prior thereto." The revised ordinance has substituted gross floor area in place of cost as the method of determining the extent of damage or destruction. The revised ordinance further distinguishes between damage to only a portion of the structure which may be conforming, as opposed to another portion of the same structure which may be nonconforming. 6. The amortization provisions for termination of nonconforming uses and structures have been substantially revised (Section 15.11). A nonconforming use conducted upon a site having no improvements or improvements of only minimal value ($2,000) must be terminated within one year from the date such use became nonconforming. Other nonconforming uses (as distinguished from structures) must be terminated within 5 years. A nonconforming structure having only minimal value ($2,000) must be removed within one year and all other structures as defined and classified in the Uniform Building Code must be removed within the time limit set forth in Paragraph (e) of Section 15.11. A totally separate amortization table is established for nonconforming signs, based upon the current value of the sign. 7. Provisions have been added to define the manner in which value or age should be determined, when such determinations aie required under the provisions of the ordinance (Sections 15.12 and 15.13). 8. The revised ordinance would now authorize the continuation of a nonconforming use through the issuance of a use permit, and the continuation of a nonconforming structure through the granting of a variance (Section 15.14). In such event, the use or structure would no longer be considered nonconforming. With respect to a nonconforming use, the use permit may be granted for only a limited period of time, but such period may extend beyond the date when the use would otherwise have to be terminated. The advantage of a use permit process is that the City acquires jurisdiction and continuing control over the use, in the same manner as any other use permit. The legalization of a nonconforming structure through the granting of a variance reflects the practice currently followed by the City and does not represent any change in policy. 9. A provision concerning unsafe buildings (Section 15.15) has been added to make it clear that nothing contained in the Article on nonconforming structures shall impair the right of the City to require immediate removal of any building determined to be unsafe or otherwise constituting a public nuisance. This Section reflects well established State law. 10. Section 15.16, con same as Section 1 HA TOPPE Saratoga City Attorney conformingg sites, is basically the sent ordi e. The City Council of the City of Saratoga does ordain as follows: SECTION 1: Paragraphs (gg) and (hh) in Section 1.5 of Ordinance NS -3 are hereby repealed and a new Paragraph (gg) is hereby adopted, to read as follows: 7/17/85 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING SECTION 1.5 AND ARTICLE 15 OF ORDINANCE NS-3 THE ZONING ORDINANCE, RELATING TO NONCONFORMING USES AND STRUCTURES (gg) Nonconforming. "Nonconforming" means not in conformity with any of the regulations set forth in this Ordinance. (a) Nonconforming 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 conforms with the use regulations of the district in which it is located, The term includes a use which becomes nonconforming by reason of the failure to provide the off street parking or loading facilities, or both, as required by this Ordinance. (b) Nonconforming 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 conforms with the standaards of size, coverage, yard spaces, height, distance between structures, or other regulation of this Ordinance for the district in which the structure is located. (c) Nonconforming facility means a structure or site which conforms with the regulations of- this Ordinance but is used or occupied by one or more nonconforming uses. (d) Nonconforming 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 conforms with the standards of area, frontage, width, depth, or other regulation of this Ordinance for the district in which the site is located." SECTION 2: Article 15 of Ordinance NS -3 is amended to read as follows: Sections: 15.1 15.2 "ARTICLE 15 NONCONFORMING USES AND STRUCTURES Purposes of Article Continuation in general §15.1 Purposes of Article This Article is intended to limit the number and extent of nonconforming uses and structures by prohibiting their enlargement, intensification, re- establishment after abandonment or restoration after destruction and requiring their termination after reasonable periods of time. This Article is further intended to allow certain nonconforming uses and structures to remain where such uses or structures do not conflict with the objectives of this Ordinance and the purposes of the zoning district in which they are located. §15.2 7/17/85 15.3 Exemption of nonconforming single family dwellings 15.4 Routine maintenance; limitation on repairs 15.5 Change of use 15.6 Expansion of nonconforming uses 15.7 Expansion of nonconforming structures 15.8 Termination of nonconforming uses and structures by abandonment 15.9 Replacement of damaged or destroyed nonconforming facility 15.10 Replacement of damaged or destroyed nonconforming structure 15.11 Elimination of nonconforming uses and structures after lapse of time 15.12 Determination of value 15.13 Determination of age 15.14 Authorization of nonconforming uses and structures by use permit or variance 15.15 Unsafe buildings 15.16 Nonconforming sites Continuation in general (a) Nonconforming uses and nonconforming structures, lawfully established prior to the enactment of the rezoning, reclassification or change of regulations making the same nonconforming, may be continued only in conformity with, and only so long as permitted by, the provisions of this Article. (b) In each or the following cases: (1) Upon the processing of an application for a use permit, variance or design review approval or an application for a building permit to construct or modify any improvements upon a site, it is determined that an existing main or accessory structure which is not the subject of the application does not comply with the applicable setback regulations; or -2- (2) Upon the processing of an application for a lot split or building site approval pursuant to Ordinance NS -60, it is determined that an existing main structure or detached garage or carport does not comply with the applicable setback regulations, then no variance shall be required as a condition for approval of such application, nor shall removal of the nonconforming structure be required as a condition for such approval, if the applicant establishes to the satisfaction of the approving authority that the nonconforming structure was legally created; provided, however, nothing herein shall prevent the approving authority from imposing any requirements with respect to the nonconforming structure which may otherwise be impose as a condition for approval of the application. 7/17/85 -3- 515.3 Exemption of nonconforming single- family (a) This Article shall not apply to a lawfully established single family dwelling constituting a main structure located within any A, R -1, HC -RD or NI-IR district or a lawfully established multi family dwelling located within any R -NI district; provided, however, any alteration, modification or expansion of such nonconforming structure shall comply with the regulations of this Ordinance or,a variance must be obtained for such alteration, modification or expansion pursuant to Article 17. (b). Nonconforming second units are not exempted from this Article and must be discontinued in accordance with Section 15.11 unless a use permit for the second unit is granted pursuant to Article 16A of this Ordinance. 515.4 Routine maintenance; limitation on repairs (a) Subject to the provisions of this Section, routine maintenance and repairs may be performed upon a nonconforming structure or facility for the purpose of preserving its existing condition, retarding or eliminating wear and tear or physical depreciation, or complying with the requirements of law. (b) Incidental alterations to a nonconforming structure or facility may be permitted, provided such alterations do not increase the degree of non compliance or otherwise increase the discrepancy between existing conditions and the requirements of this Ordinance. (c) Structural` alterations to a nonconforming facility may be permitted only to accomodate a conforming use or when made to comply with the requirements of law. (d) Structural alterations to a nonconforming structure may be permitted when necessary to comply with the requirements of law, or to accomodate a conforming use when such alterations do not increase the degree of noncompliance, or otherwise increase the discrepancy between existing conditions and the requirements of this Or- dinance, or do not effectively extend or perpetuate the useful life of any particular feature or portion of the structure which is nonconforming. In no case shall the value of the structural alterations performed during any one year period exceed ten percent of the replacement cost of the building prior to such alteration, unless such building is changed to a conforming structure. §15.5 Change of use (a) A nonconforming use 'of a structure or site shall not be changed to or replaced by another nonconforming use. (b) A nonconforming use which is changed to or replaced by a conforming use shall not be re- established, and any portion of a structure or site, the use of which changes from a nonconforming to a conforming use, shall not thereafter be used except to accomodate a conforming use. §15.6 Expansion of nonconforming uses (a) A nonconforming use may not be altered, enlarged, expanded or intensified. This prohibition shall include any alteration, enlargement, expansion or intensification of a nonconforming use which: 6/7/85 (1) Increases the site area or floor area occupied by such nonconforming use on the same or any additional site; or (2) Increases the number of structures or size of any structure housing such nonconforming use or any portion thereof; or (3) Increases the amount, volume, or intensity of a nonconforming business use, or the machinery, equipment, trade fixtures or other personal property utilized in the conduct of such use; (4) Displaces any conforming use occupying a structure or site. (b) A nonconforming facility shall not be moved, altered, or enlarged in such way as to permit the enlargement of the space occupied by the nonconforming use. §15.7 Expansion of nonconforming structures A nonconforming structure shall not be moved, altered, enlarged, or expanded so as to increase the discrepancy between existing conditions and the requirements of this Ordinance. This prohibition shall not apply if a variance for the alteration, enlargement or expansion is granted pursuant to Article 17. -4- S15.8 Termination of nonconforming uses and structures by abandonment (a) Whenever a nonconforming use has been abandoned, discontinued or changed to a conforming use for a period of ninety consecutive days or longer, such use shall not be resumed, re- established or continued and all subsequent uses of the site and the structures thereon shall conform to the requirements of this Ordinance. (b) Whenever a nonconforming structure has been abandoned for a continuous period of one year or longer, the structure shall be removed from the site or shall be changed to a conforming structure. (c) Discontinuance of a nonconforming- use for a period of ninety consecutive days or nonuse of a nonconforming structure for a continuous period of one year, shall conclusively be presumed an abandonment of such use or structure under the terms of this Section; provided, however, a discontinuance of use in either of the following circumstances shall not be considered an abandonment hereunder: §15.9 Replacement of damaged or destroyed nonconforming facility (a) Except as otherwise provided in Paragraph (b) of this Section, a nonconforming facility which is damaged or destroyed may be reconstructed or replaced for continued occupancy by the nonconforming use or uses previously conducted therein, subject to the following limitations: 6/7/85 (1) Any discontinuance of use in connection with a pending sale or other transfer of ownership or management of a nonconforming use or structure to a designated person and the discontinuance of use is solely for the purpose of accomplishing the sale or transfer. (2) Any discontinuance of use during the period of reconstruction or replacement of a damaged or destroyed nonconforming facility or structure, where such reconstruction or replacement is permitted under the provisions of Section 15.9 or Section 15.10. (1) The extent of nonconformity, or the intensity of activity, or the site area or floor area, occupied by the nonconforming use subsequent to reconstruction or replacement of the facility shall not exceed that existing prior to the damage or destruction of the facility. (2) Reconstruction or replacement of the facility shall be subject to all applicable laws; regulations and procedures otherwise governing construction on the site at the time such construction is undertaken. -5- (3) The reconstruction or replacement work shall be commenced within one year from the date of damage, or destruction and prosecuted diligently to completion. (4) Any reconstruction or replacement permitted under this Section shall not extend or otherwise modify the required termination date for the nonconforming use as established by Section 15.11 and applied to such nonconforming use prior to the reconstruction or replacement. Said termination date shall apply to all portions of the site or structure occupied by the nonconforming use, including those portions reconstructed or replaced. (b) In the event the damage or destruction of a nonconforming facility causes a partial or total discontinuance of the nonconforming use for a period in excess of ninety days and such damage or destruction occurs during the last one -third of the termination period applicable to such nonconforming use under the provisions of Section 15.11, such use, or portion thereof which has been discontinued, shall not be resumed or re- established within the nonconforming facility, irrespective of whether such facility is reconstructed or replaced. §15.10 Replacement of damaged or destroyed nonconforming structure (a) A nonconforming structure which is damaged or destroyed may not be reconstructed or replaced, except as follows: 6/7/85 (1) When the entire structure is reconstructed or replaced as a conforming structure; or (2) When the damage or destruction affects only a portion of a nonconforming structure, which portion does not constitute or contribute to the noncompliance, such portion may be reconstructed or replaced to its previous configuration; or (3) When the damage or destruction affects only a portion of a nonconforming structure, which portion constituted or contributed to the noncompliance and does not exceed fifty percent of the gross floor area of the entire structure, such portion may be reconstructed or replaced to its previous configuration. In no case shall such reconstruction or replacement create, cause or increase any noncompliance with the requirements of this Ordinance. (b) Except as otherwise provided in this Section with regard to reconstruction or replacement of a portion of a structure to its previous nonconforming condition, all reconstruction or replacement shall be subject to all applicable laws, regulations and procedures otherwise -6- governing construction on the site at the time such construction is undertaken. The reconstruction or replacement work shall be commenced within one year from the date of damage or destruction and prosecuted diligently to completion. 515.11 Elimination of nonconforming uses and structures after lapse of time Except as otherwise provided in Section 15.14, nonconforming uses and nonconforming structures shall be discontinued and eliminated from the site, or portion thereof, on which they are located, or shall be converted to a conforming use or structure, in accordance with the following: (a) A nonconforming use conducted upon a site having no improvements thereon or improvements which are utilized in connection with the operation of such use having a value not exceeding Two Thousand Dollars, shall be terminated within one year from the date such use became nonconforming. (b) A nonconforming which is not subject to Paragraph (a) of this Section, shall be terminated within five years from the date such use became nonconforming. (c) A nonconforming structure, excluding signs, having a value not exceeding Two Thousand Dollars, shall be removed form its site within one year from the date it became nonconforming, unless within said period of time the structure is altered so as to comply with the regulations of the district in which it is located. (d) A nonconforming structure, excluding signs, having a value of Two Thousand Dollars or greater, shall either be altered so as to comply with the regulations of the district in which it is located or shall be removed from its site by the time the structure reaches the age set forth in Paragraph (e) of this Section; provided, however, no such conversion or removal shall be required within ten years from the date the structure became nonconforming. (e) The following schedule shall govern removal of nonconforming structures specified in Paragraph (d) of this Section: Type of Construction As Age of Structure Computed Defined by Uniform From Date of Building Code Construction 6/7/85 Type I Type II Type III Type IV Type V 25 years 20 years 15 years 10 years 10 years (f) A nonconforming sign, including its supporting structure, -7- shall either be made to comply with the regulations of the district in which it is located or shall be dismantled and removed by the time the sign reaches the age set forth in Paragraph (g) of this Section; provided, however, no such conversion or removal shall be required within three years from the date the sign became nonconforming. (g) The following schedule shall govern the removal of nonconforming signs specified in Paragraph (f) of this Section: Age of Sign Computed From Value of Sign Date of Installation Under $2,000 $2,000 to $3,999 $4,000 to $5,999 $6,000 to $7,999 $8,000 to $9,999 $10,000 and over (h) Nothing contained in this Section shall extend or otherwise modify any termination date provided by any previously existing ordinance of the City for any use or structure which became nonconforming under such ordinance and such termination dates for such previously existing nonconforming uses and structures are incorporated in this Section and shall remain in effect. §15.12 Determination of value Value, as used in this Article with respect to the value of a structure, or the value of improvements to a site, or the value of reconstruction or replacement, means the current cost of construction, or the current cost of replacement in kind of existing structures or improvements, excluding consideration of the value of land. Estimates or determinations of such cost for purposes of this Article shall be made by or shall be reviewed and approved by the Director of Community Development, who is authorized to retain the services of appraisers or consultants for such estimates or determinations and charge the cost thereof to the owner or operator of the nonconforming structure. §15.13 Determination of age (a) The age of a structure, excluding signs, shall be computed from the recorded date of its completion, if available, or otherwise shall be deemed to be one year subsequent to the issuance of a building permit for such structure. If an addition to a structure was lawfully constructed which had at the time of its completion a value of more than seventy five percent of the value of the original building, or which increased the gross floor area of the original building by more than seventy -five percent, the age of the structure shall be computed -from the recorded date of completion of the addition, if available, or otherwise such date shall be deemed to be one year subsequent to the date of issuance of a 6/7/85 -8- 1 year 3 years 5 years 7 years 9 years 10 years building permit for such addition. When the age of a structure cannot be determined by any of the foregoing means, the Director of Community Development shall estimate the age for the purposes of this Article. (b) The age of a sign shall be computed from the date of its installation, if available, or otherwise such date shall be estimated by the Director of Community Development. §15.14 Authorization of nonconforming uses and structures by use permit or variance (a) The Planning Commission may authorize the continuation of a nonconforming use through the granting of a use permit pursuant to Article 16; provided that any use permit for a nonconforming second unit can only be granted in accordance with the additional procedures, standards and requirements set forth in Article 16A. Upon the granting of such use permit, the use shall no longer be considered nonconforming and shall thereafter be continued in compliance with such conditions as may be specified in the use permit. A use permit for an otherwise nonconforming use may be granted only if the Planning Commission is able to make all of the following findings, which shall be in lieu of the findings listed in Section 16.6: The use permit may be granted subject to such conditions as the Planning Commission deems necessary or appropriate, including, but not limited to, required improvernents or modifications to the property, limitations on hours of operation, limitations on nature of operations, and the construction and dedi of public facilities reasonably related to the continuation of the use. The use permit may either allow the use to be continued indefinitely, or only for a specified period of time, which may extend beyond the termination period otherwise applicable to the use under the provisions of Section 15.11. The use permit shall also be revocable and subject to the continuing jurisdiction of the Planning Commission. (b) The Planning Commission may authorize the continuation of a nonconforming structure through the granting of a-variance pursuant to Article 17, if all of the findings prescribed therein for such variance can be made. Upon the granting of a variance, the structure shall no longer 6/7/85 (1) That the use or structure is compatible with the objectives of this Ordinance and the purposes of the district in which it is located. (2) That the use or structure and the conditions under which it will be continued, will not be detrimental to the public health, safety or welfare. (3) That the use or structure, and the conditions under which it willbe; continued, will be compatible with and not detrimental to the land uses and properties in the surrounding area. -9- be considered nonconforming and shall thereafter be continued in compliance with such conditions as may be specified in the variance; provided, however, that any alteration, expansion, enlargement or other modification of such structure shall either comply with the regulations of this Ordinance or a further variance for such alteration, expansion, enlargement or other modification must be obtained pursuant to Article 17. The variance may be granted subject to such conditions as the Planning Commission deems necessary or appropriate, including, but not limited to, required improvements or modifications to the property, and the construction and dedication of' public facilities reasonably related to the continuation of the structure. The variance may either allow the structure to be continued indefinitely, or only for a specified period of time, which may extend beyond the termination period otherwise applicable to the structure under the provisions of Section 15.11. §15.15 Unsafe buildings Nothing in this Article shall be construed as repealing, abrogating or modifying any provision of this Code or of any law relating to requirements for construction, maintenance, repair, demolition or removal of structures, or requiring the immediate removal of any structure, or any portion thereof, determined to be unsafe for human occupancy or otherwise constituting a public nuisance. §15.16 Nonconforming sites A lawfully created site having an area, frontage, width or depth less than the minimums prescribed for the district in which the site is located may be used for a permitted or conditional use, but shall be subject to all other regulations for the district in which the site is located, except the following: (a) Where the width of a site does not conform with the standard for the district, the minimum width of interior side yards shall be not less than ten percent of the width of the site or six feet, whichever is greater, and the minimum width of an exterior side yard of a corner lot shall be not less than twenty percent of the width of the site or fifteen feet, whichever is greater. (b) Where the depth of the site is less than the standard for the district, the rear yard shall be twenty percent of the depth of the site or twenty feet, whichever is greater." 6/7/85 -10- 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 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 any one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 4: This Ordinance shall become effective thirty days from and after the date of its passage and adoption. Passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk 6/7/85 day of 1985, by the Mayor EIA -4 Saratoga DECLARATION THAT ENVIRONMENTAL IMPACT REPORT NOT REQUIRED (Negative Declaration) Environmental Quality Act of 1970 The undersigned, Director of Planning and Environmental Control of the CITY OF SARATOGA, a Municipal Corporation, after study and evaluation has determined, and does hereby determine, pursuant to the applicable provisions of the Environmental Quality Act of 1970, Sections 15063 through 15065 and Section 15070 of the California Administrative Code,.and.Resolu- tion 653- of the City of Saratoga, that the following described project will have no'significarit effect (no substantial adverse impact) on the environment within the terms and meaning of said Act. PROJECT DESCRIPTION Amend the text of the Non conforming Uses and Structures Ordinance of the City of Saratoga to clarify and modify existing regulations including provisions to allow existing non conforming uses to continue with a use permit and allow non- conforming single family dwellings to .continue without termination after an authoriza- tion period. NAME AND ADDRESS OF APPLICANT City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 REASON FOR NEGATIVE DECLARATION The proposed project will not have a significant effect on the environment since no new uses or intensification of existing non conforming uses would be allowed and existing non conforming uses would be carefully regulated. l File No: C -221 Executed at Saratoga, California this `Z�t�ti-� day of {SAY 19 SS g ROBERT S. SHOOK DIRECTOR OF COMMUNITY DEVELOPMENT AND ENVIRONMENTAL CONTROL OF THE CITY OF SARATOGA DIRECTOR'S AUTHORIZED STAFF MEMBER RESOLUTION RECOMMENDING PROPOSED AMENDMENTS TO THE NON CONFORMING USES AND STRUCTURE ORDINANCE (ARTICLE 15) OF THE CITY OF SARATOGA WHEREAS, the Commission held a Public Hearing on said proposed amendment, which Public Hearing was held at the following time and place, to wit: At the hour of 7:30 p.m. on the 12th day of June 1985, at the City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California; and thereafter said hearing was closed, and WHEREAS, after consideration of the proposed amendment as it would affect the zoning regulations of the City of Saratoga, and after consideration of a Negative Declaration prepared for the project and brought before the Commission, this Commission has made certain findings and is of the opinion that the proposed amendment attached hereto and marked Exhibit "C" should be affirmatively recommended to the City Council. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Saratoga as follows: That the proposed amendment attached hereto be and the same is hereby affirmatively recommended to the City Council of the City of Saratoga for adoption as part of the Zoning Ordinance of said City, and that the Report of Findings of this Commission, a copy of which report is attached hereto and marked Exhibit "B be and the same is hereby approved, and BE IT FURTHER RESOLVED that the Secretary is directed to send a copy of this Resolution of Recommendation with attached Proposed Amendment and Report of Findings and summary of hearings held by this Commission to the City Council for further action in accordance with State Law. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 12th day of June 1985 by the following roll call vote: AYES: Commissioners Burger, B. Harris, J. Harris, Peterson, Schaefer and Siegfried NOES: None ABSENT: None ABSTAIN: None ATTEST: RESOLUTION NO. C -221 -1 Chairman of the Planning Commission FINDINGS: 1. The proposed changes in the text of the zoning ordinance are„ required to achieve the objectives of the General Plan and the zoning ordinance as prescribed in Section 1.1 of the ordinance. 2. The proposed zoning amendment will not have a significant impact on the environment, or adversely affect public health, safety or welfare. 3. The proposed zoning amendment clarifies the status of non- conforming uses and structures to aid in the enforcement of the zoning ordinance. 2 C -221 "Exhibit B" Planning Commission Minutes Meeting 6/12/85 20. C -220 City of Saratoga, Consider Amending the text of the Sign arding: 1) The types and sizes of signs Review or Sign Permits; 2) Increasing sign area permitted in commercial dis- ng Definitions; 4) Adding criteria for New regulations for freestanding signs; ndments clarifying or creating more e ordinance per Ordinance NS -3; con- 2, 1985 Ordinance re needing Desi the aggregate tricts; 3) Add Sign Review; 5) and 6) Other am flexibility in t tinued from May The City Attorney commented th•t no changes have been made to this ordinance since the draft submitt at the study sessions. He discussed the main changes that have been m: de to the ordinance. He stated that the ordinance does not reflect the recommendations of the Village .Task Force Committee with respect to sig s in the Village, and an appropriate time to consider them would be at the review of the Village Plan at their forthcoming study session. The public hearing was opened at 10:0 Steve Douglas, of the Owen Companie., asked if there is some other vehicle besides a variance that would over signage for a large project such as theirs. The City Attorney sug•ested that a provision could be added to paragraph 10.9, subparagraph (d), to read that the Planning Commission shall have authority to modif, the standards herein through a use permit process, thereby leaving the .est of the entire article to a variance if there is a modification. Discussion followed on the section addressing real estate signs, relative to the statement that the sign shall not exceed 4 ft. in height. There as a consensus to change the statement to read "maximum 8 ft. high meas red from the top of the curb of street It was noted that there would be a stipulation on any sign permit for this project that when the berms are established, the sign is to be put at grade. Commissioner Siegfried moved to close the pu lic hearing. Commissioner Burger seconded the motion, which was carried unanimously. Commissioner Burger moved to adopt Resoluti n No. C- 220 -1, amended to reflect the changes discussed this evening. Commissioner Siegfried seconded the motion, which was carried 5 -1, ith Commissioner Schaefer dissenting. She commented that she agreesi with the changes made tonight; however, there are other changes to the ordinance with which she does not agree. Page 7 21. C -221 City of Saratoga, Consider Amending the text of the Nonconforming Uses and Structures Ordinance regarding: 1) The continuation, maintenance, expansion and replace- ment of existing nonconforming uses and structures; 2) Elimination of nonconforming uses and structures after lapse of time; 3) Nonconforming sites; and 4) Other amendments to clarify the ordinance per Ordinance NS -3; continued from May 22, 1985 The City Attorney noted that one change had been made since the last study session, in Section 15.3, changing "structures" to "dwellings and adding in the Agricultural District. He noted that there had been clarification of language in the section dealing with nonconforming sites and a slight rewording of combining paragraphs A and B. He discussed the amendments made to the ordinance. The public hearing was opened at 10:16 p.m. Commissioner Burger moved to close the public hearing. Commissioner Siegfried seconded the motion, which was carried unanimously. Discussion followed on Section 15.3 relative to second units, and it was determined that it should be reworded to make it clearer. Commissioner Planning Commission Page 8 Minutes Meeting 6/12/85 C -221 Burger moved to adopt Resolution C- 221 -1, with the rewording in Section 15.3. Commissioner J. Harris seconded the motion, which was carried unanimously 6 -0. 12. GF -344 City of Saratoga, Consider Amending the text of the Second Unit Ordinance to allow greater flexibility in the standards for legalizing existing second units in terms of lot slope, Building Code compliance, Zoning Ordinance compliance (setbacks, height, etc.), parking requirements, sanitary sewer hook -up, occupancy, and other ordinance requirements per Ordinance NS -3 (to be continued to June 26, 1985) It was directed that this matter be continued to June 26, 1985. 13a. E-1-85 J. Lohr Properties, Inc., Consider a Draft Environ- 13b. SD -1584 mental Impact Report and request for Tentative Approval for a 28 -lot subdivision on 10.2 acres in the R -1- 12,500 zoning district at the northwestern corner of Via Escuela Drive and Glen Brae Drive This matter was heard out of sequence after the break. Staff explained the proposal, stating that the item before the Commission this evening is the Draft Environmental Impact Report. They commented that the EIR consultant, Bruce Campbell from ESA, was present to answer questions. The correspondence received on the project was noted. The public hearing was opened at 9:30 p.m. Staff indicated that public testimony should be taken tonight on the Draft EIR and close the public hearing on it if there are sufficient comments; leave the public hearing open on the subdivision, and then vote on the final comments on the EIR at the next meeting. They noted that the City Geologist had indicated concern with the precise location of the Monte Vista fault relative to this site. They commented that correspondence has been received from Terrasearch, indicating that they could not find any trace of that fault, and Staff is awaiting confirmation from the City Geologist's office on those comments. Chuck Rudiger, 13060 La Vista Drive, expressed concern relative to the existing pedestrian walkway. He stated that they would like to have that walkway closed down if the development is approved. He also stated that he opposed a two -story building behind his property. Staff commented that, with the elimination of the school site, the walkway is no longer necessary, and it would be appropriate for the adjoining property owners to request the City Council to hold hearings on the abandonment of that walkway. Mr. Rudiger was asked to discuss with Staff the procedure for the initiation of that abandonment. Jerry Lohr, the developer, addressed the drainage in the subdivision, indicating that he has met with the concerned neighbors and his civil engineer. The resident at 19585 Via Escuela, asked the Commission to limit the new homes around the existing neighbors to one- story, in order to preserve some sense of privacy. Commissioner Siegfried moved to close the public hearing. Commissioner Burger seconded the motion, which was carried unanimously. It was directed that the matter be continued to June 26, 1985, at which time the Final EIR will be before the Commission, and the public hearing will be opened at that time on the subdivision. 8 CITY OF SARATOGA AGENDA BILL NO. g8 DATE: July 9, 1985 DEPARTMENT: City Attorney C. MGR. SUBJECT: Revision of Sign Ordinance Issue Summary Article 10 of the Zoning Ordinance relating to signs has been substantially revised. The changes are described in the Memorandum from the City Attorney to the Planning Commission dated May 21, 1985. The main objectives of the proposed ordinance are to reorganize, clarify and streamline the sign regulations and to liberalize such regulations with respect to signage in the commercial and professional- administrative office zoning districts. Many of the changes originate from the recommendations of the Code Revision Committee. The latest version of the ordinance as approved by the Planning Commission and recommended to the City Council for adoption is the draft dated June 25, 1985. Recommendation (1) Conduct public hearing on the proposed ordinance. (2) The Planning Commission and the_staff have recommended adoption of the ordinance. Fiscal Impacts None INITIAL DEPT. HD. '4.- C. ATTORNEY Exhibits /Attachments (1) Memorandum from City Attorney to the Planning Commission dated May 21, 1985. (2) Draft of proposed ordinance dated June 25, 1985. (3) Negative declaration. (4) Resolution of the Planning Commission recommending adoption. (5) Minutes of proceedings conducted by the Planning Commission on June 12, 1985. Council Action 7/17: Introduced ordinance as amended and approved Negative Declaration. 8/7: Adopted ordinance NS 3.68. PAUL B. SMITH ERIC L. FARASYN LEONARD J. SIEGAL HAROLD S. TOPPEL GREGORY A. MANCHUK STEVEN G. BAIRD ALEXANDER J. TRAFICANTI TO: Saratoga Planning Commission FROM: Harold S. Toppel, City Attorney RE: Revision to Sign Ordinance DATE: May 21, 1985 Submitted herewith is a further revisi( ::a of the sign regulations, as contained in Article X of the Zoning Ordinance. Please discard your draft dated April 29, 1985, and all comments herein will relate to the revised draft dated May 16, 1985. A. General Comments: The entire Article has been reorganized and substantially redrafted. One of the principle changes is the elimination- of the distinction between design review approval and sign permits. Under the existing ordinance, the requirements for design review approval and sign permits were the same. Consequently, the revised ordinance establishes a unified procedure for issuance of sign permits which includes design review as part of such procedure. Additional changes have been made, as hereinafter discussed, based upon the recommendations of the Code Revision Committee, the comments by the Planning Commission at your study session on May 14, 1985, and the suggestions by staff. The proposed ordinance does not include the changes recommended in the Village Task Force Final Report dated May 15, 1985. This report will be considered by the Commission as a separate matter_ and appropriate amendments to the zoning regulations will be drafted after' the policy decisions relative to the Village have been made. B. Definitions (Section 10.2) The various definitions scattered throughout the existing ordinance have now been consolidated into one section, and most of these definitions have been revised. For example, the definition of "sign" is entirely new, and the definition of "sign area" has been revised as meaning the smallest rectangle drawn to include all portions of the sign except its supporting structure. Section 10.2 also contains the following new definitions: Directional sign Free standing sign Gasoline price sign Height Illuminated sign Portable sign Sign program ATKINSON FARASYN ATTORNEYS AT LAW 660 WEST DANA STREET P.O. BOX 279 MOUNTAIN VIEW, CALIFORNIA 94042 (4(5) 967 -6941 MEMORANDUM J. M. ATKINSON, (1392 19821 L. M. FARASYN. (19)5-(979) Special event sign C. Prohibited signs (Section 10.3) Paragraphs (a), (d) and (g) in this Section can presently be found, in some fashion, in the existing ordinance. The remaining paragraphs are new. D. General regulations (Section 10.4) Most of these regulations can be found in Section 10.2 of the existing ordinance. However, the following changes have been made: 1. The ordinance now permits externally illuminated signs (i.e., direct lighting), subject to the restrictions set forth in paragraph (e). Staff is recommending that such external illumination from all sources should not exceed two hundred watts (being a term commonly understood, as opposed to measurement by lumens). 2. The existing ordinance does not contain any general height limitation on free standing signs. A limit of ten feet has therefore been included in paragraph (h). Certain free standing signs are subject to a lower height limitation, as specified in the ordinance. 3. Paragraph .(i) is new and establishes the policy for signage where multiple uses are located upon the same site. Under this provision, the signage allocated to one use cannot be increased by virtue of the reduced signage for another use on the same site. This will serve to eliminate the problem of a request for standard signage on a site which already contains an oversized sign installed by another user on the same site. E. Requirement for permit and exceptions (Section 10.5) This Section establishes the general requirement for obtaining a sign permit, unless the sign is specifically exempted under Paragraph (b). It should be noted that notwithstanding Paragraph (b), the Com mission may require approval of any and all signs upon a site (regardless of size or nature) by requiring a sign program or otherwise requiring approval of signage as a condition of any building site approval, use permit, variance, design review or other approval granted by the City. In Paragraph (b) of Section 10.5, items (2), (3), (4), (9) and (10) are new. With respect to identification signs referred to in Item (1), the exemption has been increased from eight square feet to ten square feet, as recommended by the Code Revision Committee. Item (7) concerning real estate signs has also been revised following the discussion by the Planning Commission on this topic. A distinction has now been made between real estate signs in residential and commercial zoning districts, with the exemption of six square feet being retained for residential properties and a new exemption of twelve square feet being established for commercial properties. In such cases, no permit will be required. However, subject to the issuance of a permit, a larger real estate sign may be erected in the PA, C and M zoning districts (see Sections 10.9, 10.10 and 10.11). F. Application for permit and criteria for review (Sections 10.6, 10.7) Both of these Sections are new. Section 10.6 authorizes the Director of Community Development to approve individual signs for a site which is already subject to a sign program and to issue sign permits for relatively minor or temporary signs, such as real estate, construction, subdivision, special event, grand opening and directional signs. In all other cases, the application for a permit must be acted upon by the Planning Commission. The existing ordinance contains no standards whatsoever for administrative decisions under the sign regulations. As a general rule, whenever administrative discretion is exercised, the decision should be guided by established standards with appropriate findings based upon these standards. G. Agricultural and residential districts (Section 10.8) The basic regulations set forth in this Section have not been substantially changed. The Section does clarify that certain signs may be free standing, which was implied but not stated in the existing ordinance. Paragraphs (h), (i), (j), (k) and (1) have all been added. In Paragraph (m) the sign area for a day care center has been decreased from sixteen square feet to ten square feet. H. Professional and administrative office district (Section 10.9) The major changes to the sign regulations for the PA district are as follows: 1. The existing ordinance permits only a single identification sign, not more than ten square feet in area, upon the site of a professional or administrative office building. As a practical matter, this regulation is violated whenever a building directory of ten square feet is located upon the site and, in addition thereto, a name plate is affixed to the exterior doors of the building occupants. The regulation has therefore been changed to correspond with the approach utilized in the commercial districts of computing sign area according to the number of uses upon the site. Accordingly, Paragraph (a) would allow an identification sign not exceeding two square feet in area for each use upon the site of a professional or administrative office building. 2. Paragraphs (b), (d), (f), (g), (h), and (i) are all new. Paragraph (d) is based upon the comments by the Planning Commission during its discussion of signage on the Owen property. This paragraph will permit a site identification sign not exceeding thirty square feet in area, plus a separate identification sign for each building on the site, not exceeding six square feet in area. These signs would be in addition to the identification signs referred to in Paragraph (a) of Section 10.9. Thus, on a property such as the Owen parcel which is three acres or greater in size, it would be possible for the developer to install a monument sign identifying the entire site, directional or directory signs for each building, plus each tenant having an exterior entrance would be allowed to place a sign on his door. 3. Paragraph (e) has been revised to permit a real estate sign not exceeding twenty four square feet in area, as opposed to six -3- square feet as presently allowed under the existing ordinance. As indicated above, if the real estate sign does not exceed twelve square feet, no permit would be required under Subsection 10.5(b)(7) of the revised ordinance. I. Commercial districts The major change in this Section is the establishment of a new method for measuring available signage in commercial districts, based upon "store frontage," as set forth in Subsection 10.10(a)(3). This change was recommended by the Code Revision Committee and is intended to cover a situation where the store frontage is not abutting on a street. The other major change relates to free standing signs for shopping centers. Under the existing ordinance, such signs would be included in the total sign area available for the site. Under the revised ordinance, a shopping center identification sign would not be included. In addition to the foregoing, Paragraphs (b), (d), (g), (h), (i), (j), (k) and (1) have all been added to this Section. With respect to Paragraph (f), the permitted size of a real estate sign has been increased from the existing limitation of six square feet to twenty four square feet. If the sign does not exceed twelve square feet, no permit would be required, as previously discussed. J. Limited industrial districts (Section 10.11) No substantial changes have been made to this Section, except to increase the permitted area of a real estate sign from six square feet to forty square feet. This Section will probably become academic since the only limited industrial district in the entire City is the Paul Masson property and this parcel will be rezoned to another classification after a decision is made on the desired use thereof. K. Subdivision, construction, public interest, open house and political signs (Sections 10.12, 10.13, 10.14, 10.15 and 10.16) Except for some reorganization and revision in language, no substantive changes have been made to these Sections. L. Gasoline price signs (Section 10.17) This Section has been added to the Zoning Ordinance in order to regulate gasoline price signs within the constraints of State law. The Section clarifies that a gasoline price sign as required by State law shall not be included in the sign area otherwise available for the site, except to the extent the price sign exceeds the size limitation set forth in Paragraph (c). The permitted size of numerals and letters as specified in Pararaph (b) reflect the minimum sizes prescribed by State law. M. Special permits (Section 10.18) This Section would allow the City Council to issue a special permit for temporary signs advertising a community event, irrespective of any other regulations contained in the sign ordinance. N. Prior approvals (Section 10.19) With the elimination of a separate process for design review of signs, this Section is intended to clarify that any condition for such design review as may be contained in a building site approval, use permit, variance, design review or other approval granted by the City shall be construed to mean the requirement for a sign permit under the revised ordinance. The proposed ordinance does not address the subject of nonconforming signs. This matter is separately treated in the r ise onconforming use regulations amending Article XV of the Zoning Ordinance. H S. OP City Attorney AN ORDINANCE OF THE CITY 01? SARATOGA AMENDING ARTICLE 10 OF ORDINANCE NS-3, THE ZONING ORDINANCE, PERTAINING TO SIGNS SECTION 1: Paragraphs mm, pp and qq of Section 1.5 of Ordinance NS -3 are hereby repealed. SECTION 2: Article 10 of Ordinance NS -3 is hereby amended to read as follows: "ARTICLE 10 SIGNS 6/25/85 The City Council of the City of Saratoga does ordain as follows: Sections: 10.1 Purposes of Article 10.2 Definitions 10.3 Prohibited signs 10.4 General regulations 10.5 Requirement for permit; exemptions 10.6 Application for permit 10.7 Criteria for review of applications 10.8 Signs in agricultural and residential districts 10.9 Signs in professional and administrative office districts 10.10 Signs in commercial districts 10.11 Signs in limited industrial districts 10.12 Temporary subdivision signs 10.13 Temporary constructign signs 10.14 Public interest signs 10.15 Open house signs in residential districts 10.16 Temporary political signs 10.17 Gasoline price signs 10.18 Special permits from City Council 10.19 Prior conditions for design review §10.1 Purposes of Article In order to preserve the natural beauty of the City, to maintain the orderliness of the community's appearance, to conserve its residential character, and to protect the public safety, the location, size, illumination and design of signs are regulated. S10.2 Definitions For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them in this Section, unless the context or the provision clearly requires otherwise: (a) Construction sign means a temporary sign stating the names of those persons directly connected with the construction of a real estate development project, and may include their addresses and telephone numbers. (b) Directional sign means a sign, the sole purpose of which is to direct the flow of traffic, indicate entrances or exists, transmit parking information or convey similar information. (c) Free standing sign means a sign affixed to the ground and detached from any building. (d) Gasoline price sign means a sign on the site of a gasoline service station indicating the brand of motor vehicle fuel offered for sale thereat, the price per gallon or liter, the grade of fuel and such other information as prescribed in Section 13532 of the State Business and Professions Code. The term "gasoline price sign" shall not include any displays upon actual fuel pumps. (e) Height as applied to a sign, means the vertical distance measured from the lowest ground level directly beneath the sign to the highest point at the top of the sign. The ground level shall be either the natural grade or finish grade, whichever is lowest. 6/25/85 (f) Identification sign means a sign, the sole purpose of which is to identify the site or the building, use or persons occupying the site on which the sign is located. (g) Illuminated sign means a sign having its own immediate source of internal or external lighting. (1) Internally illuminated sign means a sign with an immediate source of illumination that is completely enclosed by the surface of the sign structure or the characters of the sign. (2) Externally illuminated sign means a sign with an immediate source of illumination that is not completely enclosed by any portion of the sign. (h) Open house sign means an off -site portable sign directing prospective purchasers to the location of a single family dwelling being -2- offered for sale and open for visitation by the public at the time the sign is displayed. (i) Political sign means a temporary sign which directly relates to a candidate for public office or to a ballot issue, in an election conducted by a governmental entity. (j) Portable sign means any sign which is intended to be moved or capable of being moved, whether or not on wheels or other special supports, including, but not limited to, "A- frame" type signs, placards and banners. (k) Real estate sign means a temporary sign advertising the sale, lease or rental of the real property, or any portion thereof, upon which the sign is located and the identification of the person handling such sale, lease or rental. (1) Sign means any lettering, symbol or other thing of visual appearance primarily used for, or having the effect of, attracting attention from the street, sidewalk or other outside public area for advertising or identification purposes. A sign shall not mean displays of merchandise or products for sale on the premises, or ornamentation, designs, pictures, paintings or other such art forms unless the attraction, because of location, size, use or nature thereof, has the substantial effect of attracting attention for advertising or identification purposes when viewed from an outside area. (m) Sign area means the area of the smallest rectangle drawn to include all letters, designs, frame and structural components which are part of the sign, but excluding any supports, uprights, posts or structures by which any sign is supported unless such supports, uprights, posts or structures are designed in such a manner as to form an integral background of the sign. In computing the area of a double face sign, only one face of the sign shall be included, provided that the two faces shall be approximately the same size and approximately parallel to each other and not more than two feet apart at any point. (n) Sign program means a general plan for signage, as approved by the City, pertaining to all or any portion of a site and the buildings thereon, which may include, but is not limited to, the area, dimension, color, material, design, size and illumination of all signs to be erected or installed pursuant to the sign program. (o) Special event sign means a temporary sign pertaining to events of civic, community, phalanthropic, educational or religious organizations, which are not conducted in connection with the operation of a commercial enterprise. 6/25/85 -3- (p) Subdivision sign means a temporary sign advertising a subdivision and providing travel directions to single family dwellings therein offered for sale or lease for the first time. The term subdivision sign" also includes a model home sign on the site of a single family dwelling within the subdivision. 510.3 Prohibited signs (a) Reflective, flashing or moving signs, except for public service time and temperature signs which shall not be flashing, animated or revolving in nature. (b) Portable signs, except for open house signs, political signs and special event signs which comply with the regulations of this Article. (c) Streamers, banners, balloons, flares, flags, pennants, twirlers and similar attention getting devices, with the exception of the following: (d) Any sign affixed or attached to any vehicle or trailer, unless the vehicle or trailer is intended to be used in its normal business capacity and not for the primary purpose of advertising a use or event or attracting persons to a place of business. (e) Signs or sign structures which by color, wording or location resemble or conflict with traffic control signs or devices. (f) Signs that create a safety hazard by obstructing the clear view or safe movement of vehicular or pedestrian traffic. (g) Signs that obstruct any door, window, fire escape or other emergency exit of any building. §10.4 General regulations (a) Compliance with Article. No sign shall be erected, installed, altered or maintained in any zoning district in the City, including public 6/25/85 The following signs are prohibited: (1) One national, state and local governmental flag properly displayed upon a single flagpole. (2) Holiday decorations, in season. (3) Grand opening and special event displays which comply with the regulations of this Article. -4- and private streets therein, except in conformity with the provisions of this Article. (b) Compliance with district regulations. All signs shall comply with the particular regulations of the district in which they are located. (c) Site restriction. All signs shall be located on the same site as the use they identify or advertise, except temporary subdivision signs as described in Section 10.12, public interest signs as described in Section 10.14, open house signs as described in Section 10.15 and temporary political signs as described in Section 10.16. (d) Sign projection. No sign shall extend above the ridge line of a building, nor project more than thirty inches from the outside wall of a building, nor more than twelve inches over any street or alley. (e) Illuminated signs. No sign shall be illuminated so that the primary source of light is visible from off the property or in such way as to cause annoying glare. The source or sources of external lighting intended to illuminate any sign shall not exceed a total of two hundred watts. The permit for an illuminated sign may be issued subject to conditions, including, but not limited to, the number, location and intensity of all light sources and the time during which the sign may be illuminated. The City shall reserve continuing jurisdiction over such permit and may revoke the same upon any failure by the permittee to comply with any condition set forth therein. (f) Size of letters. Unless otherwise prescribed in this Article, no sign shall have letters greater in size than eighteen inches in any dimension, except that in the -M district, letters of sixty inches may be permitted. (g) Construction standards. All signs shall be constructed in such manner as to protect the public safety. Construction standards shall be as set forth in the latest edition of the Uniform Building Code as adopted by the City. (h) Free standing signs. Except as otherwise expressly provided in this Article, all signs shall be affixed to the building or structure, the use of which is being advertised or identified, and shall not be free standing. Where free standing signs are allowed and except as otherwise provided in this Article, such free standing signs shall not exceed ten feet in height. (i) Multiple uses on same site. Where more than one use is lawfully being conducted upon the same site, the total signage for each separate use shall not exceed the sign area for such use as prescribed in this Article. No sign area may be increased by reason of there being no signage or reduced signage for another use upon the same site. 6/25/85 -5- (j) Reduction of sign area. The regulations concerning sign area, as set forth in this Article, represent the maximum size which may be permitted in the absence of a variance but do not confer upon any person the right to erect, install or maintain a sign or signs having such maximum area. As a condition for the granting of any sign permit hereunder, the approving authority may require that the size of the sign be reduced below the maximum sign area set forth herein, based upon a finding that such reduction is necessary to satisfy the criteria set forth in Section 10.7. §10.5 Requirement for permit; exemptions (a) No person shall place, erect, install, or maintain any sign in the City without first obtaining a sign permit pursuant to this Article, unless such sign is exempted under the provision of Paragraph (b) of this Section. (b) Except in the case of illuminated signs or any signs that are subject to approval by the City under the terms of any sign program or as a condition of any building site approval, use permit, variance, design review or other approval granted by the City, the following signs shall be exempted from the requirement of a permit hereunder: 6/25/85 (1) (2) Not more than two directional signs upon a single site, each sign not exceeding three square feet in area and five feet in height. Such signs may be free standing. (3) (4) Holiday decorations, in season. (5) Open house signs which comply with the requirements of Section 10.15. (6) Political signs which comply with the requirements of Section 10.16. (7) One identification sign, not exceeding ten square feet in area, which is not free standing. One national, state and local governmental flag properly displayed upon a single flag pole. One real estate sign, not exceeding six square feet in area if located in an A, R -1, HC -RD, NHR or R-M district, and not exceeding twelve square feet in area if located in a PA or C district. The sign may be free standing, but in such event shall not exceed four feet in height. -6- 6/25/85 (8) One bulletin board, not exceeding twenty square feet in area and not more than ten feet in height, on the site of a school or religious institution, provided the content of the sign relates to an activity conducted at, or sponsored by, the school or religious institution. (9) Official traffic, fire and police related signs, temporary traffic control signs used during construction, utility location and identification signs and markers required to protect such facilities, and any signs required by the City or any other public authority to be erected installed or maintained. (10) Notices required to be posted by law. §10.6 Application for permit (a) Application for a sign permit hereunder shall be made to the Director of Community Development on such form as he may prescribe. If the site on which the sign will be displayed is already subject to a sign program approved by the City, or if the sign is a temporary real estate, construction, subdivision, special event or grand opening sign or a directional sign, the application may be acted upon by the Director of Community Development; otherwise, the application shall be acted upon by the Planning Commission. Notwithstanding the preceding sentence, the Director of Community Development may refer any application for a sign permit to the Planning Commission for a decision thereon. (b) The application shall contain the following information: (1) The location and size of any existing or proposed buildings and structures on the site. (2) The location of off street parking and loading spaces, including major points of entry and exit for inotor vehicles, where directional signs are proposed. (3) The location of the proposed sign and its relationship to existing or proposed adjacent buildings and structures on the site. (4) A scale drawing showing the size, height, dimensions and content of the proposed sign or sign structure and also indicating the colors and materials thereof. (5) The location and size of all other existing signs on the site. -7- (6) If the sign is to be illuminated, the method, source and intensity of illumination. (7) Such other information as the Director of Community Development or the Planning Commission may require in order to determine whether the proposed sign will comply with the regulations and standards contained in this Article. §10.7 Criteria for review of application The following criteria shall be applied in reviewing applications for sign permits hereunder: (a) That the sign complies with the regulations of this Article and the regulations of the district in which it will be located; (b) That the size, shape, color, illumination, placement and material of the sign is compatible with the building it identifies and with the visual characteristics of the neighborhood and other lawful signs in the area; (c) That the location and design of the sign does not obscure from view or unduly detract from existing adjacent signs. (d) That the location and design of a sign in close proximity to any residential district will not adversely affect the quality or character of such residential area. §10.8 Signs in agricultural and residential districts No sign of any character shall be perinitted in an A, R -1, HC -RD, NHR or R -M district, except the following: (a) An identification sign, not exceeding twenty -four square feet in area, on the site of 4 public building or grounds, a community facility, a school or a religious institution. Such signs may be free standing. (b) A bulletin board, not exceeding twenty square feet in area and ten feet in height, on the site of a school or religious institution, provided the content of the bulletin board relates to an activity conducted at, or sponsored by, the school or religious institution. Such bulletin board may be free standing. (c) An identification sign, not exceeding sixteen square feet in area, on the site of a multi family dwelling. Such sign may be free standing. 6/25/85 -8- (d) A name plate, not exceeding one square foot in area, pertaining to a home occupation. (e) A nonilluminated real estate sign, not exceeding six square feet in area. The sign may be free standing, but in such event shall not exceed four feet in height. (f) A permanent sign, not exceeding twenty -four square feet in area, identifying a subdivision, located adjoining each entrance to a subdivision. (g) Temporary subdivision signs, subject to the regulations prescribed in Section 10.12. (h) Temporary construction signs, subject to the regulations prescribed in Section 10.13. (i) Public interest signs, subject to the regulations prescribed in Section 10.14. (j) Open house signs, subject to the regulations prescribed in Section 10.15. (k) Temporary political signs, subject to the regulations prescribed in Section 10.16. (1) Gasoline price signs, subject to the regulations prescribed in Section 10.17. (m) An identification signnot exceeding ten square feet in area, -on the site of a day care center. §10.9 Signs in professional and administrative office districts No sign of any character shall be permitted in a P -A district, except the following: (a) An identification sign, not exceeding two square feet in area, for each use upon the site of a professional or administrative office building. (b) Directional signs, each not exceeding three square feet in area and five feet in height. Such signs may be free standing. If more than two directional signs are proposed, the number and location of such signs shall be subject to approval by the Director of Community Development. 6/25/85 -9- (c) An identification sign, not exceeding twenty -four square feet in area, on the site of a public building or grounds, a community facility, a school, or a religious institution. Such sign may be free standing. (d) Where multiple office buildings are located upon a single site which is three acres or greater in size, either or both of the following signs may be allowed in addition to all other signs permitted under this Section: (1) A free standing site identification sign, not exceeding thirty square feet in area and four feet in height. (2) An identification sign for each office building on the site, indicating the location of a building, `and /or identifying the occupants thereof, each sign not exceeding six square feet in area. The signs may be free standing, but in such event shall not exceed five feet in height. The Planning Commission shall have authority to modify the regulations contained in this Paragraph with respect to the number, size and height of identification signs, through the granting of a use permit pursuant to Article 16 of this Ordinance. (e) A nonilluminated real estate sign, not exceeding twenty -four square feet in area. The sign may be free standing, but in such event shall not exceed eight feet in height, as measured from the top of the curbline, or the pavement surface where no curb exists, of the nearest street adjacent to the sign. (f) Temporary construction signs, subject to the regulations prescribed in Section 10.13. (g) Public interest signs, subject to the regulations prescribed in Section 10.14. (h) Temporary political signs, subject to the regulations prescribed in Section 10.16. (i) Gasoline price signs, subject to the regulations prescribed in Section 10.17. §10.10 Signs in commercial districts No sign of any character shall be permitted in a C district, except the following: 6/25/85 (a) Identification signs which comply with any one of the -10- following standards: (1) One -half square foot of area for each foot of width of the front elevation of the building and side elevation on the street side of a corner lot; or (2) One fourth square foot of area for each f oot of street frontage of the site; or (3) One half square foot of area for each foot of store frontage. The term "store frontage as used herein, means that side, or those sides of the building where the main entrance to each business establishment conducted therein is located. For the purposes of computing sign area hereunder, no single business establishment may have a main entrance on more than one side of the same building. In no event shall the aggregate area of all signs upon a site exceed forty square feet for each use upon such site. (b) Directional signs, each not exceeding three square feet in area and five feet in height. Such signs may be free standing. If more than two directional signs are proposed, the number and location of such signs shall be subject to approval by the Director of Community Development. (c) A free standing identification sign for a shopping center, not exceeding forty square feet in area. Such sign may be in addition to all other signs permitted under this Section. (d) A bulletin board, not exceeding twenty square feet in area and ten feet in height, on the site of a religious institution, provided the content of the bulletin board relates to an activity conducted at, or sponsored by, the religious institution. Such bulletin boards may be free standing. (e) An identification sign, not exceeding sixteen square feet in area, on the site of a multi family dwelling, motel or hotel. Such sign may be free standing. (f) A nonilluminated real estate sign, not exceeding twenty -four square feet in area. The sign may be free standing, but in such event shall not exceed four feet in height. (g) Temporary construction signs, subject to the regulations prescribed in Section 10.13. 6/25/85 (h) Public interest signs, subject to the regulations prescribed in Section 10.14. (i) Temporary political signs, subject to the regulations prescribed in Section 10.16. (j) Gasoline price signs, subject to the regulations prescribed in Section 10.17. (k) Special event signs, not exceeding ten square feet in area, may be permitted, provided such signs are posted for not more than thirty days prior to the event and are removed, within two days after such event. (1) Temporary grand opening signs or banners, not exceeding twenty square feet in area, may be permitted to announce the commencement of a new business establishment. Such signs shall not be displayed more than thirty days. §10.11 Signs in limited industrial districts No sign of any character shall be permitted in an M district, except the following: (a) An identification sign or signs, not exceeding one square foot in area for each foot of width of the front elevation of the building and the side elevation on the street side of a corner lot, or not more than one fourth square foot in an area for each foot of street frontage of the site. No individual sign shall exceed one hundred forty square feet in area, and the aggregate area of all signs identifying a use shall not exceed three hundred fifty square feet. In addition, free standing directional signs, each not more than eight square feet in area and five feet in height, shall be permitted. (b) A nonilluminated real estate sign, not exceeding forty square feet, in area. The sign may be free standing, but in such event shall not exceed four feet in height. (c) Temporary construction signs, subject to the regulations prescribed in Section 10.13. (d) Public interest signs, subject to the regulations prescribed in Seciotn 10.14. (e) Temporary political signs, subject to the regulations prescribed in Section 10.16. 6/25/85 -12- 6/25/85 510.12 Temporary subdivision signs In an A, R -1, HC -RD, NHR or R -M district, temporary subdivision signs shall be permitted, provided that they conform with the following regulations: (a) On -tract signs. One sign, not exceeding twenty -four square feet in area, advertising a subdivision, may be erected or displayed adjoining each street on which the subdivision abuts and adjoining each entrance to the subdivision. (b) Model home signs. A sign, not exceeding six square feet in area, advertising a model home, may be erected or displayed on the site of each model home in a subdivision. (c) Off -tract directional signs. Not more than two directional signs, each not exceeding eighteen inches by thirty inches in size, may be erected or displayed adjoning the intersections of streets leading to a subdivision. (d) Issuance, duration and renewal of sign permit. The sign permit may be issued at any time after recordation of the final subdivision map, and shall become void one year following the date on which the permit was issued. The signs shall then be removed unless, prior to the expiration of one year, renewal of the permit for a period of not more than one year shall be approved by the Director of Community Develop ment. §10.13 Temporary construction signs A temporary construction sign may be permitted in any district so long as it conforms with the following regulations: (a) The sign shall be located on the same site as the construction project. A free standing sign may be permitted. (b) No more than one sign having an area not exceeding fifteen square feet may be erected or displayed on the site, and where the development consists of a residential subdivision where a temporary on- tract subdivision sign would be permitted, then no temporary construction sign shall be permitted. (c) The sign permit may be issued at any time on or after issuance of the building permit for the building or structure in question. Such permit shall become void six months following the date on which the permit was issued or upon the sooner completion of the building or structure in question. The sign shall be removed on expiration of the permit unless prior to expiration the permit is renewed on approval of -13- the Director of Community Development, which renewal shall in no event be for a period in excess of an additional six months. The permit shall not thereafter be further renewed. S10.14 Public interest signs (a) Both on -site and off -site directional and identification signs shall be permitted in any zoning district to advertise, identify or direct persons to public and quasi public areas, centers and institutions, and such other areas, whether natural or artificial, which, in the opinion of the Planning Commission, are points of general public interest. (b) This Section shall apply to multiple signs on a single structure advertising service clubs and the chamber of commerce, but the same shall be limited to one such sign structure at each entrance to the City, and the total area of the sign structure shall not exceed fifty square feet. 510.15 Open house signs in residential districts Non illuminated, open house signs are permitted in any residential zoning district, but limited to no more than two double -faced signs per intersection. No signs shall be located in bike lanes, sidewalks, median strips or streets, nor shall such signs be located within seventy feet of the right -of -way line of a designated scenic highway. No sign shall exceed one square foot of area or four feet in height and no open house sign shall contain no individual or company advertising. Owner identity shall be affixed to the edge of each sign and shall not exceed one -half inch by two inches. Signs shall be fixed to a single pole of wood or metal material. Whenever any such sign is to be placed on private property, permission must first be obtained from the owner of such property. Each sign shall be removed each day after closing of the open house for that day. 510.16 Temporary political signs (a) Sign restrictions. A temporary political sign may be erected only in accordance with the following restrictions: 6/2 (1) No temporary political sign may be illuminated in any manner other than by previously existing lighting sources normally used for illumination of the area where the sign is erected. (2) No temporary political sign may be affixed to any pole or wire appurtenance thereof on which is attached any -14- 6/25/85 (5) traffic sign, traffic signal, street sign, parking sign or other traffic control device installed by any public agency for public information purposes, nor may any temporary political sign be erected in a manner or place that will obstruct normal visiblity of such traffic signs, traffic signals, street signs, parking signs or other traffic control devices installed by any public agency for public information purposes. (3) No temporary political sign may be erected upon or affixed to any sidewalk, crosswalk, police or fire alarm system, hydrant, or any public building or other public structure. (4) No temporary political sign may be erected within or upon any public highway, public street or public right of way in a manner or place that will obstruct a motorist's line of sight or otherwise constitute a safety hazard for vehicular or pedestrian traffic upon such highway, street or right of way. No temporary political sign may exceed an area of five square feet. (6) No temporary political sign may be erected having bracing or backing material thicker than one -half inch, except for support posts firmly planted in the ground. (b) Duration and removal. A temporary political sign may be erected not more than forty -five days prior to the day of the election to "which it relates and shall be completely removed not later than five days after the date of such election. (c) Violation and removal by City. (1) In the event a temporary political sign is erected in violation of the restrictions set forth in Paragraph (a) of this Section and such sign constitutes an existing peril to the safety of persons or property, the Director of Maintenance shall endeavor to locate the owner of such sign and request its immediate removal or relocation. If, after reasonable effort to do so, the owner cannot be found within one hour after the Director of Maintenance first becomes aware of the existence of the peril, or if such owner is found and fails or refuses to remove or relocate the sign within one hour after being requested to do so, the Director of Maintenance or his representative may proceed to remove such sign. -15- (2) In the event a temporary political sign is erected in violation of the restrictions set forth in Paragraphs (a) and (b) of this Section or is not removed within the time prescribed in Paragraph (b) of this Section, but such sign does not constitute an existing peril to the safety of persons or property, the Director of Maintenance shall endeavor to locate the owner of such sign and notify such owner of the violation. If, after reasonable effort to do so, the owner cannot be be found, the Director of Maintenance shall post a notice of violation upon the sign. If the violation is not corrected within three days after notice thereof is given to the owner or posted upon the sign, as the case may be, the Director of Maintenance or his representative may proceed to remove the sign. (3) Any temporary political sign removed by the Director of Maintenance pursuant to Paragraphs (1) or (2) above shall conclusively be deemed to have been abandoned by the owner thereof and may be destroyed. The City shall have the right to recover from the owner of such sign all removal and destruction costs. (d) Violations. Each sign found to be in violation of this Section shall constitute a separate violation of this Code. 510.17 Gasoline price signs A single gasoline price sigri, as required under Section 13531(a) of the State Business and Professions Code, shall be permitted on the site of a gasoline service station. Such sign may be free standing, if necessary to comply with the requirements of Section 13531(a) concerning visibility from the street adjacent to the site. The gasoline price sign shall comply with the following requirements: (a) The sign shall advertise not more than the three major grades of motor vehicle fueLoffered for sale. (b) The numerals designating the price of motor fuel shall not exceed six inches in height. Fractions shall be considered one numeral. All other letters, figures or numerals on the sign shall not exceed two inches in height, unless otherwise approved by the Planning Commission. (c) The area of the sign shall not exceed ten square feet unless the applicant demonstrates, to the satisfaction of the Planning Commission, that a greater size is needed to contairi all of the numerals, words and figures required to be shown on the sign under the applicable provisions of Section 13532 of the State Business and Professions Code. 6/25/85 -16- (d) The area of the sign shall be included in the sign area otherwise permitted for the site under the terms of this Article to the extent that such area exceeds the size restriction set forth in Paragraph (c) of this Section. §10.18 Special permits from City Council Nothing contained in this Article shall prohibit the City Council from granting a temporary special permit or otherwise permitting, on such terms as it deems proper, signs, banners or other advertising pertaining to any civic, patriotic or special event of general public interest. §10.19 Prior conditions for design review Any condition or requirement for design review of any sign, as may be contained in any building site approval, use permit, variance, design review or other approval granted by the City shall be construed as requiring a sign permit issued pursuant to this Article." 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 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 any one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 4: This Ordinance shall become effective thirty days from and after the date of its passage and adoption. Passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the day of 1985, by the following vote: 6/25/85 -17- AYES: NOES: ABSTAIN: ABSENT: ATTEST: CITY CLERK MAYOR EIA -4 Saratoga DECLARATION THAT ENVIRONMENTAL IMPACT REPORT NOT REQUIRED (Negative Declaration) Environmental Quality Act of 1970 File No: C -220 The undersigned, Director of Planning and Environmental Control of the CITY OF SARATOGA, a Municipal Corporation, after study and evaluation has determined, and does hereby determine, pursuant to the applicable provisions of the Environmental Quality Act of 1970, Sections 15063 through 15065 and Section 15070 of the California Administrative Code, and_Resolu- tion 653- of the City of Saratoga, that the following described project will have no effect (no substantial adverse impact) on the environmen within the terms and meaning of said Act. PROJECT DESCRIPTION Amend the text of the sign ordinance to allow moderately larger signage in most zoning districts, allow greater flexibility in sign type and standards, and generally streamlining the sign permit process in the City Saratoga. NAME AND ADDRESS OF APPLICANT City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 REASON FOR NEGATIVE DECLARATION The proposed project will not have a significant effect on the environment since the amended ordinance would allow only a moderate increase in signage and would regulate the appearance of larger signs to ensure that adequate protection of the City's aesthetic character is_provided. Executed at Saratoga, California this 29th day of May 19E ROBERT S. SHOOK DIRECTOR OF COMMUNITY DEVELOPMENT AND ENVIRONMENTAL CONTROL OF THE CITY OF SARATOGA DIRECTOR'S AUTHORIZED STAFF MEMBER WHEREAS, the Commission held a Public Hearing on said proposed amendment, which Public Hearing was held at the following time and place, to wit: At the hour of 7:30 p.m. on the 12th day of June 1985, at the City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California; and thereafter said hearing was closed, and WHEREAS, after consideration of the proposed amendment as it would affect the zoning regulations of the City of Saratoga, and after consideration of a Negative Declaration prepared for the project and brought before the Commission, this Commission has made certain findings and is of the opinion that the proposed amendment attached hereto and marked Exhibit "C" should be affirmatively recommended to the City Council. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Saratoga as follows: That the proposed amendment attached hereto be and the same is hereby affirmatively recommended to the City Council of the City of Saratoga for adoption as part of the Zoning Ordinance of said City, and that the Report of Findings of this Commission, a copy of which report is attached hereto and marked Exhibit "B be and the same is hereby approved, and BE IT FURTHER RESOLVED that the Secretary is directed to send a copy of this Resolution of Recommendation with attached Proposed Amendment and Report of Findings and summary of hearings held by this Commission to the City Council for further action in accordance with State Law. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 12th day of June 1985 by the following roll call vote: AYES: Commissioners Burger, B. Harris, J. Harris, Peterson, and Siegfried NOES: Commissioner Schaefer ABSENT: None RESOLUTION NO. C -220 -1 RESOLUTION RECOMMENDING PROPOSED AMENDMENTS TO THE SIGN ORDINANCE (ARTICLE 10) OF THE CITY OF SARATOGA ABSTAIN:None ATTEST: 6L04,j?, Secretary _6, ai man the Planning Ch of t g ommission FINDINGS: 2 C -220 -1 "Exhibit B" 1. The proposed changes in the text of the zoning ordinance are required to achieve the objectives of the General Plan and the zoning ordinance as prescribed in Section 1.1 of the ordinance. 2. The proposed zoning amendment will not have a significant impact on the environment, or adversely affect public health, safety or welfare. 3. The proposed amendments will allow greater flexibility in signage while maintaining the aesthetic character of the City. Planning Commission Page 7 Minutes Meeting 6/12/85 20.) C -220 City of Saratoga, Consider Amending the text of the Sign Ordinance regarding: 1) The types and sizes of signs needing Design Review or Sign Permits; 2) Increasing the aggregate sign area permitted in commercial dis- tricts; 3) Adding Definitions; 4) Adding criteria for Sign Review; 5) New regulations for freestanding signs; and 6) Other amendments clarifying or creating more flexibility in the ordinance per Ordinance NS -3; con- tinued from May 22, 1985 The City Attorney commented that no changes have been made to this ordinance since the draft submitted at the study sessions. He discussed the main changes that have been made to the ordinance. He stated that the ordinance does not reflect the recommendations of the Village Task Force Committee with respect to signs in the Village, and an appropriate time to consider them would be at the review of the Village Plan at their forthcoming study session. The public hearing was opened at 10:00 p.m. Steve Douglas, of the Owen Companies, asked if there is some other vehicle besides a variance that would cover signage for a large project such as theirs. The City Attorney suggested that a provision could be added to paragraph 10.9, subparagraph (d), to read that the Planning Commission shall have authority to modify the standards herein through a use permit process, thereby leaving the rest of the entire article to a variance if there is a modification. Discussion followed on the section addressing real estate signs, relative to the statement that the sign shall not exceed 4 ft. in height. There was a consensus to change the statement to read "maximum 8 ft. high measured from the top of the curb of street It was noted that there would be a stipulation on any sign permit for this project that when the berms are established, the sign is to be put at grade. Commissioner Siegfried moved to close the public hearing. Commissioner Burger seconded the motion, which was carried unanimously. Commissioner Burger moved to adopt Resolution No. C- 220 -1, amended to reflect the changes discussed this evening. Commissioner Siegfried seconded the motion, which was carried 5 -1, with Commissioner Schaefer dissenting. She commented that she agrees with the changes made tonight; however, there are other changes to the ordinance with which she does not agree. 21. C -221 City of Sara oga, Consider Amending the text of the Nonconformin Uses and Structures Ordinance regarding: 1) The continiation, maintenance, expansion and replace- ment of existiig nonconforming uses and structures; 2) Elimination of nonconforming uses and structures after lapse of e; 3) Nonconforming sites; and 4) Other amendments to clarify the ordinance per Ordinance NS -3; continued from May 22, 1985 The City Attorney noted that one\change had been made since the last study session, in Section 15.3, changing "structures" to "dwellings and adding in the Agricultural District. He noted that there had been clarification of language in the section dealing with nonconforming sites and a slight rewording of combining paragraphs A and B. He discussed the amendments made to the ordinance. The public hearing was opened at 10:16 p.m. Commissioner Burger moved to close the public hearing. Commissioner Siegfried seconded the motion, which was carried unanimously. Discussion followed on Section 15.3 relative to second units, and it was determined that it should be reworded to make it clearer. Commissioner