HomeMy WebLinkAboutOrdinance 307 Annual Code Update ORDINANCE NO. 307
AN ORDINANCE AMENDING CHAPTERS 4, 7, 15 AND 16
OF THE SARATOGA CITY CODE
THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY ORDAINS AS FOLLOWS:
Findings
1. The City of Saratoga wishes to amend certain sections of the City Code in order to remedy
internal ambiguities, clarify existing requirements, codify staff interpretations, omit
redundant terms and provisions, and amend grammatical and other errors.
2. Certain updates in this ordinance affect provisions of the City's zoning regulations in
Chapter 15 of the Code. These amendments were considered by the Planning Commission
of the City of Saratoga during a July 23,2013 Study Session and after a duly noticed public
hearing on August 28, 2013, the Planning Commission recommended adoption of the
updates to Chapter 15.
3. Section 1.A of this ordinance presents amendments to Chapter 4 (Business Regulations)
concerning taxicabs. Section 1.B presents amendments to Chapter 7(Health and Sanitation)
concerning Hearings on Animal Impoundment and Noise Exception Permits. Section 1.0
includes various amendments to Chapter 15 (Zoning). Section 1.D includes amendments to
Chapter 16 (Building Regulations).
4. The City Council of the City of Saratoga held a duly noticed public hearing on September
18, 2013, and after considering all testimony and written materials provided in connection
with that hearing introduced this ordinance and waived the reading thereof.
Therefore, the City Council hereby amends the City Code as follows:
Section 1. Adoption.
The Saratoga City Code is amended as set forth below. Text to be added is indicated in bold double-
underlined font(e.g.,bold double-underlined)and text to be deleted is indicated in strikeout font(e.g.,
°*r,�). Text in standard font is readopted by this ordinance. Text in italics (e.g., italics) is
descriptive only and is not part of the amendments to the City Code.
A. Amendments to Chapter 4
1. Amendment to Taxicab Regulations
4-40.010 - Definitions.
For the purposes of this Article, the following words and phrases shall have the meanings
respectively ascribed to them by this Section, unless the context or the provision clearly requires
otherwise:
1
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(� Taxicab means a motor vehicle regularly engaged in the business of carrying passengers for
hire, desi�ned for carrvin� not more than ei�ht nersors excludin�the driv�rha��ir� a ��g
,not operated over a fixed xoute, and the destination and route of
which are under the control of the passenger or passengers being carried therein.
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4-40.020 - r'^~��«Business license and driver's permit.
(a) No person shall operate a taxicab, or permit a taxicab owned or controlled by tbat nerson
#� to be operated, _ __ _'��'- �-- '��-- --- � °*"°°* "��'�'�thin the City with9,uZ first havin�
obtained�valid nermit under a nerrnittin¢ nro6r�m of anv countv or anv other citv. whose
ordinance comnlies with Californ�a Government Code section 53075.5 and all annlicable c�ate.
and federal laws. �'° ° +'�° ^ ch."�l' 1�:.`. '� °� °rt��-tl» 11�i ' ,.+•� ^+ +^ *�'°
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(b) Any person desiring to operate a taxicab in the City� '-' '� �*'� + °'' „"''°
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*� �^�*���n:���'.�shall also apply for and obtain a business license pursuant to this Code.
�}�n nc �+i-• ��, + a +� >; ��a� �����u:,. � .No such business
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under this Article.
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4-40.�A30 - Enforcement of Article.
The Community Services Director or the Directnr's desi�nee �'�^'����.-��dut� ���
- - '�.'�'+ + � �, �� �» ��'*��r�,,,�„ ,, �'*�' ^�*"�'°, �r� is authorized to inspect
�r�............ ... -------- ----- -
and examine all taxicabs in the City to ascertain whether or not the provisions of this Article have
been and are being complied with.
4-40.�940 - Violations of Article; penalties.
The violation of any provision contained in this Article, or the violation of any condition of a
certificate or driver's permit issued hereunder, is hereby declared to be unlawful and shall
constitute a misdemeanor and a public nuisance, subject to the penalties as prescribed in Chapter
3 of this Code. The enforcement of this Article pursuant to Chapter 3 shall be in addition to any
proceedings conducted under � *' - � �n ,nn � +• � r ��'�n-��
„o,�.����Q�n.�y � r� Article 4-OS of this
�
Chapter to revoke a business license by reason of the same violation.
7
B. Amendments to Chanter 7
2. Designation ofAnimal Contr�ol Officer and Timing of Hearing on Impoundment��ith the City's
Anin�al Control Officer
7-20.010 - Definitions.
For purposes of this Article, the following words and phrases shall have the meanings
respectively ascribed to them by this Section, unless the context or the provision clearly requires
otherwise:
(a) Animal includes any live vertebrate creature, domestic or wild, except fish.
(b) Animal Control Officer means the Communitv Develonment Director or another City
Emnlovee or a�ent duly appointed by the City Manager to act in his behalf and
on behalf of the County Health Officer in the administration and enforcement of the animal and
rabies control laws and the provisions of this Article.
(c) Animal establishment means any commercial premises or place within the City where
animals are kept, boarded, trained, sold or groomed, including a kennel, pet shop and grooming
parlor.
(d) Animal menagerie means any place where dangerous animals are kept or maintained for any
purpose,including places where dangerous animals are boarded,exhibited,trained,or kept for hire.
(e) Animal shelter means a facility operated by a public jurisdiction or by an accredited, tax-
exempt humane organization for the purpose of impounding, harboring, selling, placing, or
destroying seized, stray, distressed, homeless, abandoned, or unwanted animals.
(� Cat includes all domesticated felines.
(g) Commercial kennel means any person engaged in the commercial breeding of dogs or cats,
or both,for sale, individually or in litter lots; or in the boarding;training, sale or hire of dogs and/or
cats for compensation, except that animal hospitals maintained by a veterinarian licensed by the
State of California as part of the practice of veterinary medicine, animal shelters, or private kennels
shall not be considered commercial kennels.
(h) Dangerous animal means any wild, exotic, nondomestic, or venomous animal, or other
animal which because of its size, disposition, or other characteristic would constitute a danger to
persons or property.
(i) Dog includes all domesticated canines.
(j) Grooming parlor means any commercial premises or place where animals are trimmed,
bathed or groomed.
(k) Health Officer means the Director of Public Health or any other person duly authorized to
act in his behalf.
8
(1) Owner means any person who owns or exercises custody and control of an animal or who
harbors or keeps an animal for five consecutive days.
(m)Person means any individual, establishment, firm, association, organization, partnership,
trust, corporation, or company.
(n) Pet shop means an establishment operated by any person where any live animals are kept for
sale, barter or hire.
(o) Pound includes all places where impounded animals are to be confined,whether operated by
the County or by a private person under contract or agreement with the County or City.
(p) Private kennel means a person who maintains within or adjoining his or her private
residence three or more dogs over four months of age,or three or more cats over four months of age,
but no more than a combined total of five dogs and cats; such animals to be for that person's
recreational use or for exhibition in conformation shows,field or obedience trials and where the sale
of offspring is not the primary function of the kennel. The maintenance of more than two male dogs
or cats used for breeding purposes for which compensation is received,or the parturition and rearing
of more than two litters of dogs or cats in any one calendar year from the total number of females
owned or maintained by that person on the premises, shall be a rebuttable presumption that such
animals are owned or maintained for the purposes of commercial breeding; and the owner of the
premises shall be subject to the permit requirements of a commercial kennel.
(q) Quarantine means isolation of an animal in a place and manner approved by the Health
Officer.
(r) Vicious animal means any animal, except a dog assisting a peace officer engaged in law
enforcement duties, which demonstrates any or all of the following characteristics:
(1) Has attacked, without provocation, a person or domestic animal.
(2) Has chased,menaced or approached a person or a domestic animal in a threatening manner
or apparent attitude of attack, without provocation.
(3) Has a known propensity, tendency or disposition for unprovoked attack.
(4) Has been specially trained to attack persons or domestic animals or otherwise has been
trained as an attack animal.
(5) Is owned or kept in whole or in part for the purpose of animal fighting or has been trained for
animal fighting.
(s) Wild animal means any wild, exotic, undomesticated, dangerous or venomous animal,
including mammals, fowl or reptiles
9
7-20.120 Hearing on impoundment.
(a) Request for hearing. Any owner or person having the right to custody of an impounded
animal who wishes to challenge the impoundment shall personally deliver or mail a written request
for a hearing such that it is received by the Animal Control Officer within seventy-two hours after
the seizure and impoundment. The Animal Control Officer shall thereupon schedule a hearing to be
conducted within seven business days after his receipt of the request.
(b) Hearing initiated by Animal Control Officer. In cases where the Animal Control Officer
proposes to impound any animal, but summary seizures and impoundment is not authorized or
required under any of the provisions of this Article or State law, the Animal Control Officer may
initiate a hearing to determine whether such animal should be impounded and shall order the owner
of the animal to appear at such hearing.
(c) Notice of hearing.The Animal Control Officer shall mail or hand deliver written notice of
the time and place of the hearing to the owner or the person requesting the hearing at least�four
days prior to the hearing date.
(d) Conduct of hearing. At the hearing, the owner and the Animal Control Officer may be
represented by counsel, may present oral and written evidence, and may cross-examine witnesses.
Strict rules of evidence need not apply. Any relevant evidence may be admitted if it is the sort of
evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. The
decision of the hearing officer shall be supported by the weight of the evidence and shall be final.
The owner shall be given written notice of the decision within fifteen days of the hearing.
(e) Owner's failure to appear at hearing. Failure of the owner to appear at the hearing on
impoundment, after being ordered to do so by the Animal Control Officer, shall constitute a
misdemeanor, subject to the punishment as prescribed in Chapter 3 of this Code. In addition, the
Animal Control Officer may immediately seize and impound the animal.
3. Noise Exception Permit
7-30.090 - Exception permits.
(a) General noise exception permit. If the applicant demonstrates to the satisfaction of the
Director that immediate compliance with the requirements of this Article would be impractical or
unreasonable, the Director may issue a permit to allow exception from any or all of the provisions
contained in this Article, with appropriate conditions to minimize the public detriment caused by
such exceptions. Any such permit shall be for an initial term as specified by the Director, not to
exceed thirty days. Longer terms up to one hundred twenty days may be granted by the Planning
Commission.
In determining whether an exception permit should be issued and the nature and scope of any
conditions to be imposed, the Director shall consider the following factors:
(1) The level and intensity of the noise;
(2) The level and intensity of the background noise, if any;
10
(3) The proximity of the noise to residential areas;
(4) The time of day when the noise occurs;
(5) The duration of the noise, and whether it is recurrent, intermittent or constant;
(6) The nature and zoning of the area within which the noise emanates or to which it is
transmitted.
(b) Outdoor music permits—CH Zoning District. This Section 7-30.090(b) shall expire
���e�e�--��.'z9�-� Anril 1. 2014,, and thereafter outdoor music shall not be allowed in the CH
Zoning District, unless a later enacted ordinance that becomes effective on or before�a�or 1,
��Anril l.2014,deletes or extends that expiration date.An outdoor music permit may be issued
on an annual basis to a commercial establishment located within the CH Zoning District subject to
the requirements contained in this Section for the purposes of allowing the playing of acoustic and/or
amplified music outside a building. Background music does not require an outdoor music permit.
(1) Each outdoor music permit shall be subject to conditions requiring coordination and
cooperation among holders of outdoor music permits such that acoustic and/or amplified music
played outside a building at the same date and time shall be limited by blocks as described below:
a. Two events in Block One situated between 3rd Street and Saratoga Los Gatos Road separated
by at least two hundred feet.
b. One event in Block Two situated between 3rd and 4th Street.
c. One event in Block Three situated between 4th and Sth Street.
d. One event in Block Four situated west of Sth Street.
(2) Outdoor acoustic and/or amplified music is permitted at establishments holding an outdoor
music permit during the following days and times provided that it does not exceed the specified
maximum decibel levels:
a. Fridays, 5:00 P.M. to 9:00 P.M., seventy-three dbA.
b. Saturdays, 4:00 P.M. to 9:00 P.M., seventy-three dbA.
c. Sundays, 11:00 A.M. to 4:00 P.M., seventy-three dbA.
The above decibel levels shall be measured twenty-five feet from the source of the sound.
(3) The Director may condition an outdoor music permit on such other requirements that the
Director determines are necessary to protect the public health, safety or welfare.
(4) Continuing jurisdiction and permit revocation. The Director shall retain continuing
jurisdiction over each permit and may modify (by deleting or adding conditions to) or revoke an
outdoor music permit to the extent the Director deems necessary to protect the public health, safety
or welfare, or if the permit holder fails to meet any of the conditions of the permit or to adequately
address changed circumstances.
11
(5) Denial of a permit. The Director may deny an outdoor music permit if the applicant has had
an outdoor music permit revoked within the past twelve months or if the applicant is not in
compliance with the City Code or a use permit issued pursuant to the City Code.
(6) Hearings and appeals from administrative decisions. Prior to denial, modification, or
revocation of a permit,the Director shall notify the applicant in writing of the intent to deny,modify,
or revoke the permit,the reasons for such intended decision;and that the applicant may within five
days after receipt of such notice file with the Director a written request for a meeting with the
Director.A determination of the Director to approve,conditionally approve,deny,modify or revoke
a permit may be appealed to the Planning Commission in accordance with the procedures set forth in
Article 15-90 for appeals from administrative decisions and notwithstanding Section 15-90.020,the
decision of the Planning Commission on the appeal shall be final and not subject to appeal to the
City Council.
C. Amendments to Chapter 15 Concernin�Zoning Regulations
4. Health/Fitness Center Definition
15-06.331 Health/Fitness Center.
"Health/Fitness Centers" means membershin based fitness facilities.�vmnasiums.athletic clubs,
and similar establishments reauirin�membershin for access.
S. Sin�le-Familv Home Kitchen Definition
15-06.400 Kitchen.
"Kitchen" means a room designed, intended or used for the cooking and preparation of food
which includes either a 220 volt outlet or a natural gas connection for a cooking annliance.
6. "Site"Definition
15-06.620 - Site.
"Site" means a lot, as defined in Section 15-06.420.
(a) Gross site area means the total horizontal area included within the property lines of a single
site.
(b) Net site area means that portion of gross site area remaining after deducting therefrom the
following:
(1) Any portion of a site within the right-of-way of an existing public or private street, road or
access easement, except an emergency access street.
12
(2) Any portion of a site within the proposed right-of-way of a future street (except an
emergency access street), as shown on an approved tentative subdivision map or a recorded
subdivision map.
(3) The portion of a flag lot constituting the access corridor lying between the front lot line and
the frontage line of the corridor at the street.
(4) Any portion of a site within an easement to the Santa Clara Valley Water District.
(5) Those areas which are classified by the City Geologist as "Md". oT'—'A�r� and
(6) Any quarries, unless shown to be suitable for development, as determined by a detailed
geotechnical analysis approved by the City Geologist.
(c) Site frontage means the length of the front lot line.
(d) Site width means the horizontal distance between side lot lines,measured at right angles to
the site depth at a point midway between the front and rear lot lines, or if there is no rear lot line, at
the midway points of the intersecting side lot lines.
(e) Site depth means the horizontal distance from the midpoint of the front lot line to the
midpoint of the rear lot line, or to the most distant point on any other lot line where there is no rear
lot line.
(� Site coverage means the percentage of net site area covered by impervious surfaces
including all structures, open or enclosed, or projections of structures.
7. Medical Office/Professional Offzce Definitions
15-06.480 Office.
(a) Professional office means a use providing professional or consulting services includin�
theranists and healin�arts nrofessionals and other similar service nroviders that do not create
s�nificant odors. noise. or medical waste.
(b) Administrative office means a use providing facilities for the conduct of management and
administrative functions of a business or other enterprise.
(c) Medical office means a use providing consultation, diagnosis,therapeutic,preventative, or
corrective personal treatment services by doctors,dentists,and similar practitioners.^�m°a;��' �ra
�.o.,�;,,,. �,.�� �,. �,,,�,,,,.,� -
8. Update National Pollution DischarQe Elimination Svstem (NPDES) References
15-06.581 - Santa Clara Valley Urban Runoff Pollution Prevention Program. "`TV�
"Santa Clara Valley Urban Runoff Pollution Prevention Program (NPDES)" means the current
policies and directives adopted by the Santa Clara Valley Urban Runoff Pollution Prevention
13
Program, includin� but not limitecl t� Xh.e Nati�nal Pollutant Discharge Elimination Svstem
(NPDES)_o�f_�._�oLe�3e-�e�e�l-,�nn, .,,,a „ �-ie-i�rt�C�mi11ui2it., r,o„oi„r,,,o„+ r,or�,.�,,,o„�
� �,.,��
9. Subterranean Structures not included in floor area
15-06.685 Subterranean Structur�
"Subterranean Structure" includes a cellar. bunker. or other structure that (al is not
located beneath the buildin�footnrint of a structure: (bl does not encroach into setback areas:
and (cl is located whollv underground excent for reauired ingress/e�ress. lightin� and
ventilation. The floor area of subterranean structures is not counted against a nronertv's
maximum floor area and onlv fiftv nercent of the floor area is counted against a nronertv's
maximum site covera�
10. Desi�n Review Cross-Reference for Antenna Facilities in the AQriculture, Hillside Residential.
Residential Multi-Familv. Professional Administrative Z�ning Districts, and) Commercial Zonin�
Districts. �
15-11.020 - Permitted uses.
The following permitted uses shall be allowed in the agricultural district:
(a) Single-family dwellings.
(b) Accessory structures and uses located on the same site as a permitted use, including barns,
farm out-buildings, storehouses, garden structures; green houses, workshops and one guest house.
(c) Raising of field crops, fruit and nut trees, vegetables, horticultural specialties and timber.
(d) Processing of products produced on the site.
(e) Home occupations,conducted in accordance with the regulations prescribed in Article 15-40
of this Chapter.
(� Stables and corrals for the keeping for private use of one horse for each forty thousand square
feet of net site area;provided,however,that in the equestrian zone only,one additional horse may be
permitted on the first forty thousand square feet of net site area, and an additional horse may be
permitted for each additional forty thousand square feet of net site area.All horses shall be subj ect to
the regulations and license provisions set forth in Section 7-20.220 of this Code.
(g) Swimming pools used solely by persons resident on the site and their guests.
(h) The keeping for private use of a reasonable number of domestic dogs, cats and other small
mammals,birds,fish and small reptiles,subject to the regulations as set forth in Article 7-20 of this
Code, and subject also to the following restrictions:
(1) All animals shall be kept as pets only,and not for sale,breeding,experimental or conunercial
purposes.
14
(2) Animals shall at all times be confined to the site, unless restrained or caged and under the
direct control of the owner or person having custody of the animal.
(3) No animals shall be permitted which are vicious, poisonous, wild, dangerous, capable of
raucous outcry or other noise disturbing to the peace and quiet of the neighborhood, or otherwise
constitute a hazard to the public health, safety or welfare,and all such animals are hereby declared to
be a public nuisance.
The factors to be considered in determining whether the number of animals upon a site is
reasonable shall include, but are not limited to, the size of the site or portion thereof on which the
animals are kept; the type of animals and extent of noise, odor or other adverse impacts upon the
occupants of neighboring properties the animals may cause by their presence on the site; the
proximity of other dwelling units; the manner in which the animals are confined upon the site; and
the propensity of the animals to cause injury or damage to persons or property.
(i) Antenna facilities operated by a public utility for transinitting and receiving cellula�•
telephone and other wireless communications,subject to design review under Article 15-44.�5-4Fr.
15-13.030 - Permitted uses.
The following permitted uses shall be allowed in the HR district:
(a) Single-family dwellings.
(b) Accessory structures and uses located on the same site as a permitted use,including garages
and carports, garden sheds, greenhouses, shade structures, recreation rooms, home hobby shops,
cabanas, structures for housing swimming pool equipment and one guest house.
(c) Raising of vegetables, field crops, fruit and nut trees and horticultural specialties, and the
processing of such products as are so raised or gro��n on the premises.
(d) Home occupations,conducted in accordance with the regulations prescribed in Article 15-40
of this Chapter.
(e) Stables and corrals or the keeping for private use of not more than two horses on a site. The
minimum net site area shall be forty thousand square feet for one horse and eighty thousand square
feet for two horses,except that in the equestrian zone only,a second horse may be kept if the net site
area is at least forty thousand square feet. All horses shall be subject to the regulations and license
provisions set forth in Section 7-20.220 of this Code.
(� Swimming pools used solely by persons resident on the site and their guests.
(g) The keeping for private use, of a reasonable number of domestic dogs, cats and other small
mammals,birds,fish and small reptiles, subject to the regulations as set forth in Article 7-20 of this
Code, and subject also to the restrictions and standards prescribed in Section 15-11.020(h) of this
Chapter.
(h) Public parks, trails and other publicly owned open spaces.
15
(i) Antenna facilities operated by a public utility for transmitting and receiving cellular
telephone and other wireless communications,subject to design review under Article 15-4�.�
15-17.020 - Permitted uses.
The following permitted uses shall be allowed in the R-M districts:
(a) Single-family dwellings.
(b) Multi-family dwellings.
(c) Accessory structures and uses located on the same site as a permitted use,including garages
and carports, garden sheds,greenhouses, shade structures,recreation rooms,hobby shops,cabanas
and structures for housing swimming pool equipment.
(d) Raising of fruit and nut trees,vegetables and horticultural specialties,not including nurseries,
greenhouses or storage of landscaping equipment, products or supplies for commercial uses.
(e) Home occupations,conducted in accordance with the regulations prescribed in Article 15-40
of this Chapter.
(fl Swimming pools used solely by persons resident on the site and their guests.
(g) The keeping for private use of a reasonable number of dogs,cats and other small mammals,
birds,fish and small reptiles, subject to the regulations as set forth in Article 7-20 of this Code, and
subject also to the restrictions and standards prescribed in Section 15-11.020(h) of this Chapter.
(h) Antenna facilities operated by a public utility for transmitting and receiving cellular
telephone and other wireless communications, subject to design review under Article 15-44. -�-
4-�
15-18.020 - Permitted uses.
The following permitted uses shall be allowed in a P-A district, unless a use involves the
operation of a business providing direct customer service(including,but not Timited to,conducting a
delivery service) on-site between the hours of 1:00 A.M. and 6:00 A.M., in which event such use
may be allowed upon the granting of a use permit pursuant to Article 15-55 of this Chapter:
(a) Professional, administrative and medical offices.
(b) Financial institutions.
(c) Accessory structures and uses located on the same site as a permitted use.
(d) Parking lots which comply with the standards for off-street parking facilities as set forth in
Section 15-35.020 of this Chapter.
(e) Temporary seasonal Christmas tree and pumpkin sales on a site not less than nine and one-
half acres in size.
(� Antenna facilities operated by a public utility for transmitting and receiving cellular
telephone and other wireless communications, subject to design review under Article 15-44.-�-5-4�:
16
15-19.020 - General regulations.
The following general regulations shall apply to all commercial districts in the City:
(a) Permitted uses. The following permitted uses shall be allowed in any commercial district,
unless a use involves the operation of a business providing direct customer service (including, but
not limited to,conducting a delivery service)on-site between the hours of 1:00 A.M.and 6:00 A.M.,
in which event such use may be allowed upon the granting of a use permit pursuant to Article 15-55
of this Chapter: �
(1) Retail establishments, except restaurants, markets, delicatessens, and any establishment
engaged in the sale of alcoholic beverages.
(2) Home occupations,conducted in accordance with the regulations prescribed in Article 15-40
of this Chapter.
(3) Parking lots which comply with the standards for off=street parking facilities as set forth in
Section 15-35.020 of this Chapter.
(4) Accessory structures and uses located on the same site as a permitted use.
(5) Antenna facilities operated by a public utility far transmitting and receiving cellular
telephone and other wireless communications: subiect to design review under Article 15-44.
(6) Markets with a floor area dedicated to food and drink sales that is less than or equal to
twenty-five percent of the establishment's total floor area and two thousand square feet or less.
(b) Conditional uses. The following conditional uses may be allowed in any commercial
district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter:
(1) Restaurants.
(2) Markets with a floor area dedicated to food and drink sales that is more than twenty-five
percent of the establishment's total floor area or more than two thousand square feet.
(3) Any establishment engaged in the sale of alcoholic beverages,with the exception of tasting
rooms, as provided for in Section 15-19.050(a)(3) of this Code.
(4) Hotels and motels.
(5) Bed and breakfast establishments.
(6) Institutional facilities.
(7) Community facilities.
(8) Game arcades.
(9) Gasoline service stations on sites abutting Saratoga/Sunnyvale Road, Saratoga/Los Gatos
Road or Saratoga Avenue and accessible directly from such arterial road; provided, that all
operations except the sale of gasoline and oil shall be conducted within an enclosed structure.
17
(10) Animal establishments, as defined in Section 7-20.010(c) of this Code. All animal
establishments shall be subject to the regulations and license provisions set forth in Section 7-20.210
of this Code.
(11) Public buildings and grounds.
(12) Public utility and public service pumping stations, power stations, drainage ways and
structures, storage tanks, transmission lines and cable television facilities.
(13) Accessory structures and uses located on the same site as a conditional use.
(14) Repealed.
(15) Tobacco retailers. All tobacco retailers (as defined in Section 15-80.130 of this Article)
shall be subject to the permitting requirements and provisions set forth in Section 15-80.130 of this
Article.
11. Chan�es to the Hillside Residential Zonin�District and the Residential Open Snace Zoning
District re�ulations with respect to the "Location ofBuildin�Sites"to accomnzodate recent updates
to the Citv's Safetv Elenzent and Ground Movement Potential Map.
15-13.050 - Development criteria.
No principal use shall be established,and no main structure shall be erected or constructed in the
HR district, nor shall any building or other permit be issued therefor, unless and until the applicant
has complied with the following development standards,which standards shall be in addition to,and
not in lieu of, any and all other development criteria and requirements set forth in Chapters 14 and
16 of this Code:
(a) Site development plan. A site development plan has been prepared and approved by the
advisory agency in accord with Section 14-25.100 of the Subdivision Ordinance, and the physical
location of each use and structure is as set forth on such approved plan. The planting and
landscaping portion of such plan shall,insofar as is reasonably practical,provide for the retention of
existing vegetation and land formations, and shall include an erosion and sediment control element
setting forth reasonable mitigation measures in accord with the Excavating and Grading, and
Subdivision Ordinances of the City. Grading shall be representative of adjacent topography and be
an extension of natural contours insofar as reasonably practical, and shall be designed to avoid
erosion,flooding,slides and other hazards. Water, sewer and other utility services, stt•eets and other
access routes which traverse any geologic or soils hazard shall be specifically engineered to
eliminate the risk of failure or collapse, and setbacks from hazard areas shall be in accord with the
geologic and soils investigation report and recommendations.
(b) Geologic and soils report. A preliminary combined geologic and soils investigation and
report prepared by a certified engineering geologist licensed by the State and by a registered civil
engineer qualified in soils mechanics by the State, shall be filed in conjunction with the site
development plan unless the City Geologist determines that existing information pertinent to the
subdivision or site approval makes preliminary analysis or any part thereof unnecessary. The
geologic and soils report shall fully and clearly present:
18
(1) All pertinent data, interpretations and evaluations based on the most current professionally
recognized soils and geologic data.
(2) The significance of the data, interpretations and evaluations with respect to the actual
development or implementation of the intended land use through the identification of any significant
geologic problems,critically expansive soils or other unstable soil condition which,if not corrected,
may lead to structural damage or future geologic problems both on and off the site.
(3) Recommendations for corrective measures deemed necessary to prevent or significantly
mitigate potential damage to the proposed project and adjacent properties or otherwise to insure safe
development of the property.
(4) Recommendations for additional investigations that should be made to insure safe
development of the property.
(c) Additional studies required. The City shall also require the following additional studies
prior to approval of a site development plan or prior to issuance of a building permit,unless the City
Geologist determines that existing information pertinent to the subdivision or the site approval
provides the same data as would have been obtained from any or all of such additional studies:
(1) Soil and foundation engineering investigation by a registered civil engineer addressing site
preparation (clearing and stripping), grading requirements (cut and fill design and construction),
pavement design,drainage(surface and subsurface),utility trench backfilling,design parameters for
foundations and retaining walls,soil stability,technical plan review,and field inspection procedures.
(2) With respect to any terrain on or within one hundred feet of a significant recognized landslide
deposit, an investigation by a certified engineering geologist including a detailed evaluation of the
natural slope conditions and recommendations for the treatment or correction of any unstable slopes.
Slope stability studies may require extensive subsurface work.
(3) With respect to any area within one hundred feet of a recognized trace of the potentially
active Berrocal Fault, an investigation by a certified engineering geologist addressing the seismic
hazards related to the nearby trace, with particular emphasis on evaluation of possible surface
faulting. Investigative techniques will require subsurface trenching and possibly geophysical
traverses unless clear evidence is presented to show that no fault crosses the site of a habitable
structure.
(4) A slope stability analysis showing the building site and its immediately surrounding area
having a factor of safety against failure of at least 1.5 or equivalent, in the event of an earthquake on
the San Andreas Fault having a magnitude of 8.3 on the Richter scale.
(d) Inspection reports. The results of the geologic and soil investigations referred to in
subsections(b)and(c)of this Section shall be reviewed and approved by the City and shall become
conditions of approval of a development proposal. The soils engineer and the engineering geologist
may be required to submit reports during grading,during construction,and following completion of
the project. The final report shall affitm that the grading and foundation excavations were done
under the supervision of a soils engineer and/or engineering geologist, shall describe the as-built
condition of the project, and shall contain such other information as may be required by the City.
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(e) Location of building sites.
(1) In locating building sites,preference shall be given to areas classified in the City's geologic
maps as Sbr, Sls,and Sun.�:Sites on potentially moving slopes(Pmw,Ps,Pd.Paf and Pdf1�
sites within the�xeas with fault runture notential .IPf�and sites on moving slopes (Ms) shall not
be approved unless geologic and soil engineering analysis provided by the applicant demonstrates
long-term stability to the satisfaction of the City. The City's descriptions of the soil classifications,
filed in Appendix A to this Chapter,are incorporated herein by reference and constitute a part of this
Chapter. No tentative or final man annroval or buildin¢or�rading nermit shall be gr�nted for
a�ronertv which includes land within an Md area unless it comnlies with all the r�p�lirement�
described in Section 16 h5.03P. No buildinE or�rading nermit shall be is��ze�i f�r constr��ctior�,
of anv new buildin�pr�trn.ct�ire.or a�lditi�n to anv existing b»ilding in anv(Pt1 area unless it
comnlies with all requirements,(lescribed in Section 16-65.050.
(2) The average natural grade of the footprint underneath any dwelling unit, swimming pool or
other structure shall not exceed thirty percent slope, and no dwelling unit, swimming pool or other
structure shall be built on a slope which exceeds forty percent natural slope at any location under the
structure between two five-foot contour lines,except that: (i)a variance pursuant to Article 15-70 of
this Chapter may be granted where the findings prescribed in Section 15-70.060 can be made, and
(ii) an exception under Article 14-35 of the Subdivision Ordinance may be granted where the
findings prescribed in Section 14-35.020 can be made.
(� Grading. The combined cut and fill of any grading shall not exceed one thousand cubic
yards, including any excavation for a swimming pool, unless a larger quantity is approved by the
Planning Commission upon making all of the following findings:
(1) The additional grading is necessary in order to allow reasonable development of the property
or to achieve a reasonable means of access to the building site; and
(2� The natural land forms and vegetation are being preserved and protected; and
(3) The increased grading is necessary to promote the compatibility of the construction with the
natural terrain; and
(4) The increased grading is necessary to integrate an architectural design into the natural
topography; and
(5) The increased grading is necessary to reduce the prominence of the construction as viewed
from surrounding views or from distant community views.
(6) No building site shall be graded so as to create a flat visible pad surrounding the main
residential structure.
(g) Grade of private streets and driveways. Unless otherwise pennitted by the Planning
Commission,no private street or driveway shall exceed a grade of eighteen percent for a distance in
excess of fifty feet.
20
15-20.050 - Development criteria.
No principal use shall be established, no main structure shall be erected or constructed and no
subdivision be approved in the R-OS district, nor shall any building or other permit be issued
therefor, unless and until the applicant has complied with the following development standards,
which standards shall be in addition to,and not in lieu of,any and all other development criteria and
requirements set forth in Chapters 14 and 16 of this Code:
(a) Site development plan. A site development plan has been prepared and approved by the
advisory agency in accord with Section 14-25.100 of the Subdivision Ordinance, and the physical
location of each use and structure is as set forth on such approved plan. In addition to the regulations
set forth in Section 14-25.100, the site development plan shall incorporate the following design
objectives:
(1) All roads, buildings and other structural improvements or land coverage shall be located,
sited and designed to fit the natural topography and shall minimize grading and modification of
existing land forms and natural characteristics.
(2) The planting and landscaping portion of said plan shall, insofar as is reasonably practical,
provide for the retention of existing vegetation and shall include an erosion and sediment control
element setting forth reasonable mitigation measures in accord with the excavating and grading and
subdivision regulations of the City.
(3) Grading shall be representative of adjacent topography and be an extension of natural
contours insofar as reasonably practical, and shall be designed to avoid or fully mitigate potential
erosion, flooding, geotechnical and other hazards.
(4) Water, sewer and other utility services, streets and other access routes shall be designed to
avoid any geologic or soils hazard and shall be specifically engineered to prevent the risk of failure
or collapse. Setbacks from hazard areas shall be in accord with the engineering geologic and
geotechnical engineering investigation report and recommendations.
(b) Engineering Geologic and Geotechnical Engineering reports.A preliminary engineering
geologic and geotechnical engineering investigation(s) and report(s) prepared by a certified
engineering geologist licensed by the State and by a registered geotechnical engineer or civil
engineer qualified in soils mechanics licensed by the State, shall be filed in conjunction with the site
development plan unless the City Engineer and Geotechnical Consultant determine that existing
information pertinent to the subdivision ar site approval makes preliminary analysis or any part
thereof unnecessary. The geologic and geotechnical reports shall fully and clearly include:
(1) A description and discussion of engineering geologic conditions at the site,including natural
and artificial earth materials, structural lineations or discontinuities, surface and ground water
conditions, and all other pertinent conditions or characteristics of the site,with reference to surface
conditions and exposures, geomorphology, and graphical logs of subsurface excavations.
(2) An engineering geologic map of the site on a suitable topographic base, showing, as a
minimum: the distributions of geologic materials on the site based upon mapping of geomorphic
conditions and geologic exposures on and around the site; geologic features and potential hazards;
and the locations of all existing and intended improvements on the site.
21
(3) An evaluation of all geologic hazards and geotechnical constraints that affect,or potentially
could affect, the site relative to the existing or intended land use. This should include a clear
statement as to whether a hazard exists at the site which may lead to structural damage if not
corrected, an evaluation of the risk(s) each hazard poses, and the basis or reasoning for assigning
specific risks.
(4) A geotechnical(soil and foundation)engineering investigation addressing properties of earth
materials, site preparation (clearing and stripping), grading requirements (cut and fill design and
construction),pavement design,drainage(surface and subsurface),utility trench backfilling,design
parameters for foundations, retaining walls and swimming pools, slope stability, technical plan
review, and field inspection procedures.
(5) Recommendations for appropriate grading procedures,geotechnical design criteria and any
corrective measures deemed necessary to prevent or significantly mitigate potential damage to the
proposed project and to eliminate potential damage to adjacent properties and to otherwise insure
safe development of the property.
(6) Recommendations for additional investigations that should be made to insure safe
development of the property.
(c) Application acceptance. An application shall not be deemed complete until the City
Engineer grants geotechnical clearance.
(d) Additional studies required. The City shall also require the following additional studies
prior to approval of a site development plan or as deemed necessary by the City Engineer,unless the
City Engineer and the City Geotechnical Consultant determines that existing information pertinent to
the subdivision ar the site approval provides the same data as would have been obtained from any or
all of such additional studies:
(1) With respect to any terrain that may be susceptible to impacts from existing or potential
instability, an investigation by a certified engineering geologist shall be required for all slopes
affecting future or existing development.This investigation shall include a detailed evaluation of the
natural slope conditions and recommendations for the treatment or correction of any potentially
unstable slopes. Slope stability studies may require extensive subsui•face exploration and analysis.
(2) A slope stability analysis showing the proposed building footprint(s) and itnmediately
surrounding areas having an adequate factor of safety of at least 1.5 under static conditions against
failure in the event of the maximum expected earthquake on recognized faults, including but not
necessarily limited to the San Andreas,the Berrocal,the Monta Vista/Shannon or the Sargent faults.
(3) With respect to any area in the State's Special Studies zones or within two hundred feet of a
mapped or otherwise recognized trace of a potentially active earthquake fault,an investigation by a
. certified engineering geologist addressing the seismic hazards related to the nearby trace, with
particular emphasis on evaluation of possible surface faulting and characterization of seismic ground
motion. Investigative techniques may require geologic and geomorphic mapping and analysis,
subsurface exploration,and possibly geophysical traverses to demonstrate that no fault exists within
fifty feet of a structure for human habitation. If deemed necessary by the City Geotechnical
Consultant, an area greater than two hundred feet from a possible fault trace may be subject to the
22
same investigative requirements and an increased setback of structures for human habitation from
faults, may be required.
(e) Inspection reports. The results and recommendations of the engineering geologic and
geotechnical engineering investigations referred to in subsections(b)and(d)of this Section shall be
reviewed and approved by the City Engineer and the City Geotechnical consultant and shall become
conditions of approval of a development proposal. The Geotechnical Engineer and the Engineering
Geologist may be required to submit reports during grading, during construction, and following
completion of the project. The final report(s) shall affirm that the grading and foundation
excavations were done under the supervision of an appropriate registered Geotechnical Engineer
and/or Engineering Geologist,shall describe the as-built conditions of the project,and shall contain
such other information as may be required by the City Engineer and City Geotechnical Consultant.
(� Financial assurances. The applicant shall post security deposit or a bond of an amount
determined by the City Engineer as one measure to ensure the completion of all geological and
geotechnical reports and corrective work required as part of conditions of the project approval.
(g) Location of building sites.
(1) In locating building sites, preference shall be given to areas classified in the City's Ground
Movement Potential Maps as Sbr, Sls,and Sun.��Sites on potentially moving slopes(Pmw,
Ps, Pd. Paf and Pdf1. sites within the areas with fault runture notential (Pfl and sites on �
moving slopes(Ms)shall not be approved unless geologic and soil engineering analysis provided by
the applicant demonstrate long-term stability to the satisfaction of the City Engineer and the City
Geotechnical Consultant. No tentative or final map, building site approval or building or grading
permit shall be granted for a property which includes land within an Md e�4�� area unless it
complies with all the requirements described in Section 16-65.030.No buildin�or�radin�permit
shall be issued for contruction of anv new building �r strnctur�. �r addition to anv existin�
buildin� in anv (Pf1 area unless it comnlies with all renuirements described in Section 16-
65.050.
(2) Corrective measures which are deemed necessary by the City Engineer and Geotechnical
Consultant shall be reviewed and approved by the Planning Commission subject to the following
findings: That the measures necessary to permit such development are (i) consistent with the
objectives of this zone district as set forth in Section 15-20.010;(ii)necessary to minimize risks from
geologic hazards;(iii)will not result in the removal of any protected tree,as described in Section 15-
50.050;(iv)will not result in irrevocable damage to the City's scenic resources;and(v)will produce
a benefit to the general public greater than the environmental impact of the corrective measures.
(3) The City may require an additional fee from the applicant to cover the expense of producing
ground movement potential maps of the geological study area in which the property is located,
including areas that may suffer potential ground movement as a result of the proposed development.
(4) The average natural grade of the footprint underneath any dwelling unit or other structui•e
shall not exceed thirty percent slope,except that a variance pursuant to Article 15-70 of this Chapter
may be granted.
(5) The average natural grade of the footprint underneath swimming pools shall not exceed
fifteen percent slope. No variances shall be granted for any swimming pool to be constructed.
23
(6) Location of building sites in relation to major and minor ridgelines shall comply with the
requirements set forth in Section 15-20.100 of this Article.
(7) Building sites including driveways and private and public streets, shall not be located within
one hundred fifty feet of the top of perennial or intermittent watercourse banks unless approved by
the City Engineer and Santa Clara Water District. Private sanitary sewer, leach fields or drainage
fields shall comply with the setback and other requirements of Santa Clara Health Department.
(h) Grading.
(1) Grading shall be limited to the minimum necessary for use of a site. Portions of a site
exceeding thirty percent slope shall not be graded without prior specific approval by the Planning
Commission. Grading shall be minimized in areas classified in the City's Ground Movement
Potential Maps as Ps or Pd.Any grading which would unreasonably affect the natural topography of
the area shall not be permitted.
(2) The combined cut and fill of any grading on a hillside lot shall not exceed 1,000 cubic yards,
including any excavation for a swimming pool,unless a larger quantity is approved by the Planning
Commission based on the finding that:
(a) The additional grading is necessary in order to allow reasonable development of the property
or to achieve a reasonable vehicular access to the proposed development.
(b) The natural land forms and vegetation are being protected.
(c) The increased grading is necessary to promote the compatibility of the construction with the
natural terrain.
(d) The increased grading is necessary to facilitate an architectural design which is integrated
into the natural topography.
(e) The increased grading is necessary to reduce the prominence of the construction as viewed
from surrounding views or fi•om distant community views.
(3) Corrective grading for existing or proposed developments may be permitted with prior
specific approval by the Planning Commission based upon findings that the corrective grading: (i)is
consistent with the objectives of this zone district as set forth in Section 15-20.010;(ii) is necessary
to minimize risks from geologic hazards;and(iii)will not result in irrevocable damage to the City's
scenic resources;and(iv)will produce a benefit to the general public greater than the environmental
impact of the corrective grading; and (v) will not result in the removal of any of protected tree, as
described in Section 15-50.050
(4) Grading and other site improvements under and around structures shall be designed to
minimize visual impact as viewed from other properties.
(5) Cut or fill slopes shall not exceed three horizontal to one vertical.
(i) Grade of private streets and driveways. The design of all private streets and driveways
shall be subject to the approval of the Fire Marshall and the City Engineer. Any private street or
driveway which exceeds a grade of eighteen percent far a distance in excess of fifty feet, shall also
24
require approval by the Planning Commission upon all of the following findings that the: (i)
construction of the driveway will prevent damage from geologic hazard, (ii)will minimize grading
and visual impact and(iii)will result in preservation of natural vegetation and prevent destruction of
wildlife habitat.
(j) Landscaping. In the selection of new landscaping, preference shall be given to natural,
indigenous and drought resistant plants and materials in accordance with City Xeriscape Standards.
Nonindigenous landscaping shall be limited to the immediate area around the house. The total of
non-native landscaped area including the allowable impervious coverage shall not exceed twelve
thousand square feet.The impervious coverage shall be determined subject to limitations set forth in
Section 15-20.080 of this Article. The remaining portion of the site shall be preserved in a natural
and undisturbed state except for necessary clearing for the purpose of prevention of fire hazard as
required by the City Code Article 7-15. Removal of existing native trees shall be subject to the
regulations provided in Article 15-50 of the City Code and shall be replaced by same or similar
species as required by the City Arborist.
(k) Open space dedications. At least thirty percent of the gross site area of a subdivision, of a
new home or of an addition, or combination of successive additions over the life of the structure,
resulting in an increase of 50%or greater to the floor area of an existing home,shall be dedicated in
fee to the City of Saratoga at the time of recordation of the final map or building permit whichever
comes first. The location of said open space shall be subject to the review and the approval of the
Planning Commission. A written agreement describing the open space area shall be executed
between the property owner and the City and recorded in the office of the County Recorder. Such
agreement shall set forth the restrictions and allowable uses for the open space area, as determined
by the Planning Commission. The allowable uses shall be consistent with and promote the purposes
of Section 15-20.010 of the City Code
12. Chan�e.s to the Side Setback Reauirements for Lots in the Hillside Residential Zonin�Dist�°ict to
be consistent with othe�°sections of the Citv Code.
15-13.090 - Front, side, and rear setback areas.
(a) The minimum setback area requirements for all lots within the HR zoning district, with
the exception of vacant lots and lots created after May 15, 1992, are as follows:
(1) Front setback area. The minimum front setback area shall be thirty feet.
(2) Side setback area. The minimum interior side setback area shall be twenty feet and the
minimum exterior side setback shall be riventv five feet.
(3) Rear setback area. The minimum rear setback area shall be fifty feet in the case of a
single-story structure and sixty feet in the case of a inulti-story structure.
(b) For vacant lots and lots created after May 15, 1992, the minimum setback area
requirements are as follows:
(1) Front setback area. The minimum front setback area shall be thirty feet or twenty
percent of the lot depth, whichever is greater.
25
(2) Side setback area. The minimum side setback area shall be twenty feet in the case of an
interior side setback area and twenty-five feet in the case of an exterior side setback area, or ten
percent of the lot width, whichever is greater.
(3) Rear setback area. The minimum rear setback area shall be fifty feet in the case of a
single-story structure and sixty feet in the case of a multi-story structure, or twenty-five percent
of the lot depth, whichever is greater.
(c) For the purpose of this Article, "vacant lot" means a parcel with no existing single-family
dwelling.
(d) Determination of yards for flag lots. On a flag lot with an average width that exceeds
its average depth, the longer dimension may be considered the depth for the purpose of
measuring the front, side and rear setback area, unless to do so would adversely affect the lot's
normal yard orientation in relation to adjacent lots.
13. Temporarv Special Event Si�ns
15-30.060 Signs allowed in any zoning district without a sign permit.
The following signs are allowed without a sign permit in any zoning district in the City:
(a) Flags, provided that they display only noncommercial messages. The aggregate area of all
flags displayed on any lot shall not exceed thirty square feet. No flagpole shall be higher than
twenty-five feet.
(b) Hand-held signs displaying noncommercial messages.
(c) Window signs,provided that the signs do not comprise more than twenty-five percent of the
area of any individual window.
(d) Temporary special event signs� �r^'��a°a ����*� as annroved under a special event permit
issued per City Code Article 10-10.���:�all�.,.�„�.���„�:: ' �** * a
u...,��,.���.,
�No individual sign shall exceed ten feet in height and sixty square feet in area.
(e) Temporary noncommercial signs(including,but not limited to,election signs),provided that:
(1) No sign shall be displayed for more than seventy-five cumulative days within a one-year
period.
(2) No sign shall exceed four square feet in area and four feet in height.
(3) The sign shall not be illuminated.
(4) No sign shall be thicker than one-half inch, except for support posts firmly planted in the
ground.
(5) A temporary, noncommercial sign located on private property may incorporate balloons,
ribbons, streamers, or other attention-getting devices, provided these devices are not displayed for
more than twenty-four consecutive hours at a tirne, nor more than six twenty-four-hour periods in
any one year.
26
(6) No signs shall be located on private property without the permission of the property owner.
(7) No sign shall be located on any median, street, travel lane or on any sidewalk where it
impedes pedestrian travel.
(� Temporary signs on lots with active construction. In addition to the temporary,
noncommercial signs allowed pursuant to subsection 15-30.060(e), up to two temporary,
nonilluminated on-site or noncommercial signs on any active construction site, provided that:
(1) The sign shall be located on the same lot as the construction proj ect.
(2) One sign may be freestanding, but in such case shall not exceed six feet in height.
(3) One sign may be located on a construction fence.
(4)No sign shall exceed fifteen square feet in area.
(g) Banners on light poles erected or cosponsored by a governmental entity.
(h) Traffic control signs and devices erected by a government entity. Lots with a parking area
exceeding ten spaces may have up to four signs for every ten parking spaces,where each sign shall
not exceed two square feet in area and four feet in height.
(i) Utility location signs, utility identification signs, and utility markers erected by a
governmental entity.
(j) City entrance signs. One permanent sign adjacent to an arterial street at each entrance to the
City. The total sign area of each sign shall not exceed fifty square feet.
14. Paf�kin� �°equiNements for Health/Fitness Center and Modifications to the pa�°kin� f°atio for
Multi-familv dlvellinQS pei°Policv Action 4-19 of the 2007-2014 Housirr�Element.
15-35.030 - Schedule of off-street parking spaces.
Off-street parking spaces shall be provided in accordance with the following schedule:
Use Spaces Required
(a) Single-family dwelling, Two covered spaces within a garage.
excluding second dwelling units
(b) Second dwelling unit One covered space within a garage, except as otherwise provided
in Article 15-56
(c) Multi-family dwellings One covered space within a garage for each dwelling unit, plus
one and one-half additional spaces on the site for each dwelling
unit; provided, however, for dwelline units containinQ no more
than one bedroom and for housing developments occupied
exclusively by seniors and students. the required parking shall be
one covered space within a garage for each dwelling unit plus
27
one-half additional space on the site for each dwelling unit.
(d) Hotels and motels One space for each guestroom or for each two beds, whichever is
greater.
(e) Bed and breakfast One space for each bedroom to be rented, in addition to the
establishments spaces required for the single-family dwelling.
(f) Schools and day care facilities One space for each employee, including teachers and
administrators, plus such additional spaces as determined by the
Planning Commission to be adequate for student and visitor
parking.
(g) Community facilities and One space for each employee and such additional number of
institutional facilities not otherwise spaces as may be prescribed by the Planning Commission.
described in this Section
(h) Places of public assembly, One space for each four seats or one space for each forty square
including religious institutions, feet of floor area usable for seating if seats are not fixed, plus
theatres, lodge halls, auditoriums one space for each two employees.
and mortuaries
(i) Clubs, including country clubs, One space for each membership, one space for each employee,
recreation clubs, swimming dubs and such additional spaces as may be prescribed by the Planning
and tennis dubs Commission.
(il Health/fitness centers One soace for each 150 square feet of Qross floor area
{}� k�Nursing homes One space for each three beds, one space for each two doctors
providing medical services on a regular basis, and one space for
each two employees.
{k}�l Professional and One space for each two hundred square feet of floor area.
administrative offices
{13�m Medical offices and clinics One space for each two hundred square feet of floor area.
{+� n�lntensive retail One space for each two hundred square feet of floor area.
establishments
{�}�o Extensive retail One space for each five hundred square feet of floor area.
establishments
{e}�Service establishments and One space for each two hundred square feet of floor area.
finan�ial institutions
{�} c� Restaurants One space for each seventy-five square feet of floor area. In
addition, if the restaurant has outdoor dinin�, one space for each
seventy-five square feet of outdoor dining area shall also be
provided.
28
{�-}�Warehouses, storage One space for each one thousand square feet of floor area.
buildings and storage facilities
combined with commercial uses
(r) s�Commercial uses conducted One space for each employee, and such additional spaces as may
primarily outside of buildings, be prescribed by the Planning Commission.
public buildings and grounds other
than offices, and public utility
structures and facilities
I5. Administrative Desi�n Review ofMaior Additions
15-45.065 Administrative design review. �
(a� T �, � *�, � i�„ �;v�, ..o buildi:��'rt �11 '� ,� � ��,�--ee�a�an;
�
�'�,R 1,I-IR, � �
�r, put�u�n` �„ +i,;� n,-�:,,io:
The followin�nroiects must have received administrative desi�n review annroyal bv the
Commu�titv Develonment Director nursuapt to this Article �rior to issuance of a
buildin�nermit in anv A,R-1. HR, or R-OS district:.
(1) New single-story residences and accessory structures greater than two hundred fifty square
feet in floor area.
(2)Major additions in size, defined as:
a. Anv work that would exnand the floor area T'� �' ""*"„"`;" "� �'�"
� �
� • �* r �r° of an existing main or accessory structure bv more than fiftv�ercent.
b. Any work that would expand the floor area of an exi.ctin�main or�ccessory s�ructur��
� �, a a � * * s���� o,�«,,. ;,�r ^*� ��� one hundred square feet or
� a
more �*'� ���' "+""" ^f�main •
c. Anv 1'�'ork that would modify the exiStin� footerint hv rn.�re th.�n fifrv nercent �
, ,
�Ir��o�+t + „ '�• '' `' � *'' +�r;^r''^„�''n of a main structure or an accessory
structure.
(3) Addition of a basement to an existing structure and enlargement of basements.
(b) The application for administrative design review approval shall comply with Section 15-
45.070. The Community Development Director shall not grant design review approval unless the
findings set forth in Section 15-45.080 have been made.
(c) If the Community Development Director intends to approve the application, a "Notice of
Intent to Approve will be mailed to all property owners within two hundred fifty feet of the subject
property and to others as deemed appropriate. All interested parties will have fifteen calendar days
from the date of the "Notice of Intent to Approve" in which to review the application and provide
29
written comments to the Community Development Director.The Community Development Director
shall approve or deny the application within fifteen days of the close of the review period and shall
mail notice of the decision to the applicant and to any party that has requested a copy of such notice.
The Community Development Director's decision is appealable to the Planning Commission within
fifteen calendar days of the Director's decision to approve the application.The Planning Commission
at a public hearing will review any appeal. Notwithstanding, Section 15-45.110 or Section 15-
90.020, the decision of the Planning Commission on the appeal shall be final and not subject to
appeal to the City Council.
(d) If the application is not approved by the Community Development Directar, then the
applicant may file an appeal within fifteen calendar days of the Community Development Director's
decision or deadline to render a decision and have the application heard by the Planning Commission
at a de novo public hearing.
16. DecreasinQ the minimum setback reAUirin�the preparation of a Boundarv Survev and
clarifving when cross sections are repuired.
15-45.070 - Application requirements
(a) Applications for administrative design review approval and design review approval shall be
filed with the Community Development Director on such forms as the Director shall prescribe. An
application shall include the following exhibits:
(1) Site plan showing (i)property lines, (ii) easements and their dimensions, (iii) underground
utilities and their dimensions, (iv) structure setbacks, (v) building envelope, (vi) topography, (vii)
species,trunk diameter at breast height(DBH as defined in Section 15-50.020(g)),canopy driplines,
and locations of all heritage trees (as defined in Section 15-50.020(1), trees measuring at least ten
inches DBH, and all native trees measuring at least six inches DBH on the property and within one
hundred fifty feet of the property, (viii) areas of dense vegetation and (ix) riparian corridors.
(2) Any application that proposes new construction�€ two feet or closer to a required setback
area shall include a boundary survey signed by a licensed land surveyor or registered civil engineer
qualified to do property line surveys. Such surveys shall verify the location of all existing property
lines, easements, structures and protected trees, as defined in Section 15-50.020(q).
(3) A statement of energy conserving features proposed for the project. Such features may
include, but are not limited to, use of solar panels for domestic hot water or space heating, passive
solar building design, insulation beyond that required under State law, insulated windows, or solar
shading devices. Upon request, the applicant shall submit a solar shade study if determined
necessary by the Community Development Director.
(4) Elevations of the proposed structures showing exterior materials,roof materials and window
treatment.
(5) C�e��Site sections for all projects located on a hillside lot, together with an aerial
photograph of the site if requested by the Community Development Director.
(6) Engineered grading and drainage plans; including cross sections. �����t�r° ���
+ + + �. * * a an a hill�,',�a°-'^�*.
30
(7) Floor plans that indicate total floor area,determined in accordance with Section 15-06.280 of
this Chapter.
(8) Roof plans.
(9)Landscape and irrigation plans for the site, showing the location of existing trees proposed to
be retained on the site, the location of any proposed replacement trees, the location and design of
landscaped areas,types and quantities of landscape materials and irrigation systems,appropriate use
of native plants and water conserving materials and irrigation systems and all other landscape
features.
(10) Tree Preservation Plan, as required in Section 15-50.140.
(11) Preliminary title report showing all parties having any interest in the property and any
easements, encumbrances and restrictions, which benefit or burden the property.
(12) Such additional exhibits or information as may be required by the Community Development
Director. All exhibits shall be drawn to scale, dated and signed by the person preparing the exhibit.
Copies of all plans to be submitted shall consist of two sets drawn on sheets eighteen inches by
twenty-eight inches in size and fifteen reduced sets on sheets eleven inches by seventeen inches in
size.
(13) A geotechnical clearance as defined in Section 15-06.325 of this Code, if required by the
City Engineer.
(14) Such additional exhibits or information as may be required by the Community Development
Director to demonstrate compliance with Article 16-47,Green Building Regulations of the Saratoga
City Code.
(b) An application shall be accompanied by the payment of a processing fee,in such amount as
established from time to time by resolution of the City Council.
17. TiminQ and certification letter for the installation ofsto��v poles
15-45.075 - Requirement for story poles.
Story poles are required as set forth below in order to depict the elevations and silhouettes of a
proposed new building or an addition to an existing building requiring design review approval.
(a) Definition and requirement. Story poles are temporary frames delineating the height and
general area of a proposed structure. Story poles must be installed in the manner set forth below if
the project is subject to design review approval.
(b) Timing.The applicant shall install the story poles when notified to do so by the Community
Development Department or designated representative at least three business davs �=°„°r����� *���
�
�}�" ', * ' prior to advertising the public hearing for the project (or in the case of
administrative design review at least three business davs �-�� prior to issuance of the
"Notice of Intent to Approve"). Neither the notice of public hearing nor the "Notice of Intent to
Approve" (as applicable) for the project will be mailed until the story poles are installed to the
31
satisfaction of the Community Development Director and photographs of the installed and approved
story poles are filed with the Community Development Department.
(c) Requirements. The applicant's surveyor or civil engineer shall determine the perimeter
points and elevations of the story poles based on the plans to be considered by the approving body.
For nrPiects twenty-four feet or taller in hei�ht or if reaueste�l. hv the Communitv_
Develot�ment Director or desi¢nated renre5entative.�a letter signed by the project surveyor or
civil engineer certifying the accuracy of the story poles shall be submitted before notice of the public
hearing or the "Notice of Intent to Approve" (as applicable) on the project is mailed. Story poles
shall be constructed of rigid materials which accurately outline the height and general area
(including the proposed ridgelines) for the new structure and/or addition. To delineate the area of
large or complex structures staff may require the addition of netting or other appurtenances. All
perimeter walls shall be delineated on the ground.
(d) Duration. The story poles shall not be removed until a decision on the project has been
made by the approving body and no appeal has been filed. If the decision by the approving body is
appealed,the story poles shall remain in place until a final decision that is not subject to appeal has
been made. The story poles are required to be removed within fifteen calendar days after a final
action has been taken and all appeal periods have expired. If a project application is issued a
continuance for an extended period of time,the Community Developinent Director may require the
story poles to be removed and reinstalled not less than fifteen days prior to the next public hearing
on the project.
18. Renlacement ofDestroved Nonconformin�Structures
Tj-�G 1(1(1 D 1 .v.c�..4 (.f'rloc4r .1 4 4 f.
Y J
�,.�ro�r��a� 15 15. '
a oa ao�+� '�d � a r� �* `' '' � � � a �1,or
� , '
�*� ��- ��*�m;,���:::.,::t, �oil in��arr.li` ,
„ a o �
*r ^��°���irrb � r�f�ima�x-#�e�r a�a na�€��c�r th�n th ' °+ + , "'' °*'"°''
propane)with dedicated gas jets,dii•ect venting,convection chambers,heat exchanger,variable heat
output and flame control, and permanently affixed artificial logs. Excluded are existing fireplaces,
regardless of how many exist.
(b) It is unlawful to burn garbage,plastics, rubber,paints, solvents, oil,treated wood products,
particle board, glossy or treated paper, coal, or any other material that produces noxious or toxic
emissions when burned in a wood-burning fireplace.
20. Tree Renzovals and Solar Panels
15-50.080 - Determination on permit.
(a) Criteria. Each application for a tree removal pruning or encroachment permit shall be
reviewed and determined on the basis of the following criteria:
(1) The condition of the tree with respect to disease, imminent danger of falling, proximity to
existing or proposed structures and interference with utility services,and whether the tree is a Dead
h�ee or a Fallen tree.
(2) The necessity to remove the tree because of physical damage or threatened damage to
improvements or impervious surfaces on the property.
(3) The topography of the land and the effect of the tree removal upon erosion,soil retention and
the diversion or increased flow of surface waters, particularly on steep slopes.
(4) The number,species, size and location of existing trees in the area and the effect the removal
would have upon shade, privacy impact, scenic beauty, property values, erosion control, and the
general welfare of residents in the area.
(5)The age and number of healthy trees the property is able to support according to good forestry
practices.
(6)Whether or not there are any alternatives that would allow for retaining or not encroaching on
the protected tree.
(7) Whether the approval of the request would be contrary to or in conflict with the general
purpose and intent of this Article.
(8) Any other infoimation relevant to the public health, safety, or general welfare and the
purposes of this ordinance as set forth in section 15-50.010
(9) The necessity to remove the tree for economic or other enj oyment of the property when there
is no other feasible alternative to the removal.
(101 The necessitv to remove the tree for installation and efficient oneration of solar nanels�
subiect to the reauirements that the tree(sl to be removed shall not be removed until solar
nanels have been installed and renlacement trees nlanted in conformance with the Cit�
Arborist's recommendation.
33
(b) Additional recommendations. The Community Development Director may refer the
application to another department, commission or person for a report and recommendation. The
Director may also require the applicant to furnish a written report from an ISA Certified Arborist
acceptable to the Director, such report to be obtained at the sole expense of the applicant. At the
discretion of the Community Development Director, City Arborist review may be required before
any tree removal,pruning or encroachment permit is issued or before approval of a project involving
the removal of, pruning of or encroachment upon one or more protected trees is granted. City
Arborist review shall also be at the sole expense of the applicant.
(c) Decision by Director. The Community Development Director shall render his or her
decision within thirty days after the filing of the application for a permit. The Director may grant
or deny the application or grant the same with conditions, including, but not limited to, (1) the
condition that one or more replacement trees be planted of a species and size and at locations as
designated by the Director, (2) relocation of existing tree desired to be removed, and/or(3)
payment of a fee or the posting of a bond or security deposit in favor of the City to the Tree
Fund. Any such tree replacement, relocation, fee payment, or bonding or security deposit shall be
at the sole expense of the applicant.
(d) Security deposits and maintenance bonds. In the case of an application for, or a project
involving encroachment on one or more protected trees, the applicant shall post a security
deposit with the City in an amount equal to one hundred percent of the ISA valuation of the trees
involved. The City may also require posting of a maintenance bond or security deposit of at least
five years designed to ensure long term maintenance of the affected or replacement trees.
Security deposits or maintenance bonds required for protected trees or replacement trees in
public or private development may, in the reasonable discretion of the Community Development
Director, be refunded upon a determination that the project is in compliance with the City
Arborist's requirements and/or Tree Preservation Plan. In the case of violations of this Article or
where replacement, restitution, or other remedy required pursuant to Section 15-50.170 cannot
be made on the project site, then such payments shall be made from the deposit or bond being
held before any refund is made.
21. Repai�° or Alteration of Nonconformin�Structui°es
15-65.020 - Definitions.
The following definitions apply throughout this Article, unless the context or the provision
clearly requires otherwise:
(a) Construction C—e��Valuation means the estimated cost to rebuild a structure (at the time
work is proposed to be performed on the structure) as determined by the Community Development
Director(using the Building Official's current multiplier for calculating the per-square-foot valuation
of new construction).
(b) Expenditure means the estimated e� valuation, as determined by the Community
Development Director(using the Building Official's current multiplier for calculating the per-square-
foot valuation of new construction),of work to be performed in connection with any nonconfoiming
use or structure. In making this determination the Director shall confirm that the portions of the
34
structure which the plans show as not to be repaired or altered are in fact structurally sound and that
it will not be necessary to repair or alter such portions of the structure during construction. The
Director may require that a termite inspector,registered engineer or other professional(s)satisfactory
to the Director be retained at the applicant's expense to make certifications in this regard.
(c) Maintenance means routine,recurring,and usual activities for the preservation,protection,
and keeping of a structure for its intended purposes in a safe and continually usable condition for
which it was designed.Repainting or reroofing(in kind)of a structure is an example of maintenance.
(d) Major Repair or Alteration means any work that is estimated to result in expenditure
(cumulatively), after October 16, 2009, of greater than twenty percent and not exceeding fifty
percent of the estimated construction e�valuation of the structure that is the subject of the work.
(e) Minor Repair or Alteration.means any work that is estimated to result in the expenditure
(cumulatively), after October 16, 2009, of twenty percent or less of the estimated construction ees�
valuation of the structure that is subiect of the work.
(� Nonconforming Structure. means a structure lawfully existing on the effective date of a
change in a development standard established by this Code and continuing since that date in
nonconformance to the development standard. The use of this term in this Article shall refer only to
a legal nonconforming structure.A structure that was not originally constructed in conformance with
regulations applicable at the time is not a legal structure.
(g) Nonconforming Use means a use lawFully existing on the effective date of a change in a use
restriction and continuing since that date in nonconformance to the use restriction. Site and structural
dimensions are not considered use restrictions and are instead development standards applicable to
structures. The following pre-existing uses shall constitute a nonconforming use subject to the
provisions of this Article unless a conditional use permit is subsequently granted for such use:
(1) A use established prior to any City regulation requiring a conditional use permit for such use,
but which by virtue of later-adopted City regulation(s)becomes a use allowed only upon the granting
of a conditional use permit; and
(2) A use being conducted under a valid conditional use permit, but which by virtue of later-
adopted City regulation(s) becomes a use no longer allowed to continue.
The use of this term in this Article shall refer only to a legal nonconforming use. A use that was
not originally commenced in conformance with regulations applicable at the time is not a legal use.
(h) Reconstruction means either of the following:
(1) Any work that would exnand the floor area bv more than 50 nercent or modifv the.
footnrint bv more than fiftv nercent,; .,, ��«::u��u �;, ������* � ° „a�*��r� �mulati����
> >
��-s�€E�-e-�t�e�
(2) Moving a nonconfor-ming structure or a structure being used for a nonconforming use to any
other location on the parcel or adjoining parcels (whether the structure movement is in whole or in
part).
35
(i) Statement of Acknowledgment of Legal Nonconforming Status means a document in
form and content approved by the Community Development Director and recorded in the office of
the County Recorder documenting that a use or structure on the subject property is nonconforming,
but legal pursuant to the terms of this Article.
(j) Work means any work, whether structural or nonstructural, that is done to a structure
including repair,alteration and reconstruction,but excluding maintenance and the replacement of the
interior or exterior wall coverings, fixtures, or windows or doors (without altering their respective
openings).
15-65.025 Summary table of thresholds.
The table below outlines defining thresholds for maintenance, minor vs. major repairs and
alterations, voluntary vs. involuntary r°�^r�+�„�*;�r dama�e, and applicable standards for such
activities.
Type of Maintenance Minor Repairs and Major Repairs and Voluntary Im�oluntary Involuntarv
Work Alterations Alterations Reconstruction D�^^^°*�,�,�^���� p�
Damage nnt exceeding 75%
exceedinQ 75%
Description Routine and Work that is Work that is Reconstruction of Reconstruction of Recnnstrurtiqn nf
recurring activity estimated to result estimated to result any an im�nluntarih� an im�nluntarilv
for the in the expenditure in the expenditure nonconforming � �
preservation and (cumulatively)of (cumulatively)of structure IhaY nonconforniing noncnnfnrmine
protection of a 20%or less of the greater than 20% �ti�nuld exnand the structure tosts structure tn its
structure. estimated and not exceeding floor area hv � pre��iouc
Repainting or construction eesF 50%of the mnre than 50% nnfig�ration sonfiQ�ratinn
reroofing(in kind) valuatinn of the estimated or modifv the which is w,hich is
is an example entire structure construction eesE font rn int hy more im�oluntarily involuntarilv
valuation of the than 50%. damaged not �
entire structure „ ^°°�; exceeding 75 exceedin�75
'"°^ ^�r'���`��^ percent of the �erre�t nf tF�
^�°'�`�� construction cesE sonstr�ction
^�.nrR��'^�° ��aluatinn of the valuatinn nf the
entire structure. entire c_, tr��ctnre.
Applicable Routine Pennitted subject Pern�itted subject Reconstruction Perniitted up to Permitte�l nn tn
Standards maintenance is not to required pennits to Planning exceeding 50%is ]00°/o of its 100%,of itc
subject to and specified Commission not permitted and previous pre��inuc
cumulative limits standards review and the structure must configuration cnnfi��ratinn
findings confonn to all subject to required s_ul'
applicable pemiits and Plannin
standards specific standards ('nmmissinn
Lp]lclecLthat determination
reconstruction does �rn��ided that
not exceed the reconstruction
str�ct�re's does nnt c�ceed
oredamaged Tirct the str� t�r 's
ancl secnnd stm�� nre lamag,�d firct
footnrint and gpd sernnd ctoi'1
result in a health fontnrint and
and/or safety result in a health
hazard and/nr safetv
llaz3rd
36
The text of this Article takes precedence over this Summary Table for puiposes of interpreting
this Article.
15-65.030 Continuation in general; regulations applicable to nonconforming uses or
structures.
(a) Nonconforming uses and structures may be continued only in conformity with the provisions
of this Article. The owner of property on which a nonconforming use or structure is claimed shall
have the burden of proof in establishing to the satisfaction of the Community Development Director
the nonconforming status claimed. The Community Development Director may charge a fee, as
established in the City Fee Schedule, for the review of evidence submitted to meet the owner's
burden of proof. A use or structure that is not in conformity with the provisions of this Chapter, or
that is not a legal nonconforming use or structure in accordance with this Article, shall constitute a
violation of this Code and shall not be continued.
(b) The following regulations apply to each nonconforming use or structure:
(1) All new construction allowed to occur with respect to a nonconforming use or structure shall
comply with current requirements of Chapter 16 of this Code.
(2) Repair, alteration or reconstruction otherwise required by this Code or applicable law, and
not otherwise prohibited by the rights or regulations of any other governmental agency having
jurisdiction, shall be allowed in the following circumstances and shall not be considered in
calculating any estimated construction e-es�valuation:
(i) Repair, alteration, or reconstruction required to retrofit unreinforced masonry structures or
otherwise required to comply with earthquake safety standards established in Chapter 16 of this
Code,provided the retrofitting or other work is limited exclusively to compliance with earthquake
safety standards;
(ii) Repair,alteration,or reconstruction required to elevate a habitable structure in a floodplain,
provided the elevation work is limited exclusively to compliance with flood prevention standards;
(iii) Repair, alteration, or reconstruction required to comply with required energy�efficiency
standards established in Chapter 16 of this Code, provided the work is limited exclusively to
compliance with those standards; and
(iv) Repair, alteration, or reconstruction which is limited exclusively to compliance with the
Americans with Disabilities Act (ADA) or Chapters 11 A and 11 B of the State Building Code set
forth in Volume II of Title 24 of the California Code of Regulations.
(3) Any building permit or use permit or other approval issued pursuant to this Code for minor
or major repairs or alterations, reconstruction, or change, expansion or intensification of a legal
nonconforming use or structure shall include a condition requiring recordation of a Statement of
Acknowledgment of Legal Nonconforming Status.
(4) No otherwise legal existing use or structure shall be deemed to be a nonconforming use
solely because of the lack of the required number of off-street parking facilities. However; any
otherwise permitted intensification of a use or structure must comply with current parking standards.
37
15-65.065 Reconstruction.
Reconstruction of any nonconforming structure exceeding fifty percent of the construction e�
valuation of the entire structure must conform to all standards in this Chapter unless the structure is
subject to Section 15-65.070 of this Code.
22. Nonconformin�Structures destroved bv natural disasters such as fire.
15-65.070 Reconstruction following involuntary damage to or destruction of nonconforming
structure.
(a) Reconstruction to previous configuration. A nonconforming structure which is
involuntarily damaged or destroyed by fire,flood,earthquake,vandalism or other catastrophic event
u"+ ° '';"" " "'" �;<,° "° „' ��+�,° � ��+r„�+;�r ���++,������may be reconstructed up to its
v��.isa.a:�ui
previous configuration(as to both horizontal and vertical building envelope)subiect to Section 15-
65.025 of this Code �'^�rt �� �„^'� ���^r�*r„^*;^� �rovided that the reconstruction does not
exceed the structure's nredamaged height. first and second storv footnrint. and does not
restore, create or result in a health and/or safety hazard. T�*'�° �'�m�^°a �r a°�*r��,°a �*r„�*,.r°
�1�€ro�ia h�::�us�����u���.,�,�o�;,,oa ,,, r�.,,rto: 1�,it m�;z.�,�,o o ��,., „�oa�;,,��nr,�i�i1�t
��r 1? an�thic�u��on, ir�mailn�r*'��*r �a„^��*'���vr�n�f t'��„r�a�.,,��-�a °*r„^*„r�
�e-�}o n��lcimum ��r�€€�s�.�, ���„ ;�a.,,-„�,�oa ,,.. ao��,.,,.,oa , � �,. �n� huna,.oa r „+ ,.�+�,o
�+,.,,,,�;,,,, ,.,, ���., �
(b) Reconstruction of multi-family dwellings subject to Government Code section
65852.25. When a nonconforming multi-family dwelling is involuntarily damaged or destroyed by
fire, flood, earthquake, vandalism or other catastrophic event and the structure is subject to
Government Code section 65852.25 (or any successor thereto)it may be reconstructed so long as the
City Council has not made findings in accordance with that section to prohibit the reconstruction
provided that the reconstruction does not exceed the structure's predamaged size and number of
dwelling units and otherwise conforms with that section.
(c) Residential structure in commercial zoning district.When the structure is at least in part a
residential structure in a commercial district it may be reconstructed provided that the reconstruction:
(1) Does not exceed the structure's predamaged size and number of dwelling units; and
(2) Maintains the same amount of floor area devoted to residential use as the predamaged
structure; and
(3) Reproduces the design of the predamaged structure to the maximum extent feasible or is of a
revised design approved pursuant to then current design review standards and procedures.
(d) Compliance �vith other regulations. Except as otherwise provided in this Section with
regard to reconstruction of all or a portion of a structure to its previous nonconfornling condition,all
reconstruction shall be subject to all applicable laws, regulations and procedures otherwise
governing construction on the site at the time such reconstruction is undertaken.
(e) Time to commence reconstruction. The reconstruction work authorized by this Section
shall be commenced within two years from the date of damage or destruction (unless, prior to the
38
expiration of that two-year period, the deadline to commence reconstruction is extended by the
Community Development Director for up to another two years) and be prosecuted diligently to
completion.
23. Clarifv Setbacks for vool equipment and removin� the refef�ence for Plannin� Commission
Review of Enzei��encv and Stand-bv Gene��ators.
15-80.030 - Special rules for accessory uses and structures in residential districts.
The following special rules shall apply to certain accessory uses and structures in any A, R-1,
HR, R-OS or R-M district:
(a) Stables and corrals. Subject to approval by the Community Development Director, no
stable or corral, whether private or community, shall be located closer than fifty feet from any
property line of the site, or closer than fifty feet from any dwelling unit or swimming pool on the
site. In the HR district,no stable or corral shall be located closer than fifty feet from any stream and
the natural grade of a corral shall not exceed an average slope of fifteen percent.
(b) Swimming pools. Subject to approval by the Community Development Director, no
swimming pool or accessory mechanical equipment shall be located in a required front, side or rear
setback area, except as follows:
(1) A swimming pool and accessory mechanical equipment may be located within a required
rear setback area, but the water line of the swimming pool may be no closer than six feet from any
property line. Any portion of such swimming pool that is located outside of the rear setback area
shall comply with the side setback area requirements for the site.
(2) If the required minimum interior side setback area is more than ten feet, accessory
mechanical equipment may be located within such side setback area,but no closer than ten feet from
the side lot line.
(c) Recreational courts. Subject to approval by the Community Development Director,
recreational courts may be allowed, provided that such recreational courts shall comply with all of
the following restrictions, standards and requirements:
(1) The recreational court shall not exceed seven thousand two hundred square feet in area.
(2) The recreational court shall not be illuminated by exterior lighting.
(3) No direct opaque screening shall be utilized around any portion of the recreational court.
(4) No fencing for a recreational court shall exceed ten feet in height.
(5) No recreational court shall be located in a required front or side setback area. Such courts
may be located within a required rear setback area, but no closer than fifteen feet from any property
line.
(6) The natural grade of the area to be covered by the recreational court shall not exceed an
average slope of ten percent, unless a variance is granted pursuant to Article 15-70 of this Chapter.
39
(7) The recreational court shall be landscaped,in accordance with a landscape plan approved by
the Community Development Director, so as to create a complete landscaping buffer from adj oining
properties within two years from installation. In addition,a bond, letter of credit or other security,in
such amount as determined by the Community Development Director, shall be furnished to the City
to guaranty the installation of the landscaping improvements in accordance with the approved
landscaping plan.
(8) The recreational court shall be designed and located to minimize adverse impacts upon trees,
natural vegetation and topographical features and to avoid damage as a result of drainage,erosion or
earth movement.
(9) The recreational court shall be designed to preserve the open space qualities of hillsides,
creeks, public paths, trails and rights-of-way on or in the vicinity of the site.
(d) Enclosed accessory structures. No enclosed accessory structures shall be located in any
required setback area of any lot, except as follows:
(1) Upon the granting of a use permit by the Planning Commission pursuant to Article 15-55,
cabanas, garages, carports, recreation rooms, hobby shops and other similar structures may be
located no closer than six feet from a side property line and rear property line of the rear setback area
and shall not exceed eight feet in height, plus one additional foot in height for each three feet of
setback from the rear property line in excess of six feet, up to a maximum height of ten feet if the
structure is still located within the required rear setback area.
(2) Subject to approval by the Community Development Director, garden sheds, structures for
housing swimming pool equipment and other enclosed structures of a similar nature,not exceeding
two hundred fifty square feet in floor area, may be located no closer than six feet from a side
property line and rear property line of the rear setback area and shall not exceed six feet in height,
plus one additional foot in height for each additional foot of setback from the rear property line in
excess of six feet, up to a maximum height of ten feet if the structure is still located within the
required rear setback area. This subsection shall not apply to any structure intended or used for the
keeping of animals.
(e) Unenclosed garden structures. Subject to approval by the Community Development
Director, unenclosed garden, ornamental and decorative structures such as gazebos, lattice work,
arbors and fountains, freestanding fireplaces and play structures may be located no closer than six
feet from a side or rear property line and shall not exceed eight feet in height, plus one additional
foot in height for each additional foot of setback from the side and rear property line in excess of six
feet,up to a maximum height of ten feet if the structure is still located within a required side or rear
setback area.
(� Solar panels. Solar energy systems do not require any discretionary approval unless the
Building Official has a good faith belief that the solar energy system could have a specific, adverse
impact upon the public health and safety, in which case a solar energy system use permit is required.
Applications for such permits shall be acted upon by the Community Development Director in
accordance with California Health and Safety Code 17959.1.
40
(g) Outdoor cooking devices. Subject to approval by the Community Development Director,
permanent outdoor cooking devices, such as those constructed out of brick or masonry, may be
located no closer than six feet from the rear property line and shall not exceed eight feet in height.
(h) Accessory structures in R-M district.Notwithstanding any other provisions of this Section
and subject to approval by the Community Development Director, accessory structures not
exceeding fourteen feet in height may be located in a required rear setback area in any R-M district,
provided that not more than fifteen percent of the rear setback area shall be covered by structures,
and provided further,that on a reversed corner lot,an accessory structure shall not be located closer
to the rear property line than the required side setback area on the abutting lot and not closer to the
exterior side property line than the required front setback area of the abutting lot.
(i) Referral to Planning Commission. With respect to any accessory structure requiring
approval by the Community Development Director, as described in subsections (a)through (h) of
this Section, the Director may refer the matter to the Planning Commission for action thereon
whenever the Director deems such referral to be necessary or appropriate.
(j) Exceptions to standards.The Planning Commission shall have authority to grant exceptions
to any of the regulations set forth in subsections(a)through(h)of this Section pertaining to the size,
height or required setback of an accessory structure in a side or rear setback area, through the
granting of a use permit for such accessory structure pursuant to Article 15-55 of this Chapter. The
Planning Commission's authority shall not be subject to any quantified limitations contained in
subsections(a)through(h),except subsection(d)(1)which already establishes quantified limitations
on a use permit issued by the Planning Commission. The Planning Commission's authority shall not
extend to allowing an accessory structure in a setback area where it is not expressly allowed under
subsections (a) through (h).
(k) Emergency or stand-by generators.No emergency or stand-by generator shall be allowed
�°*���°°„*'�°'�liil✓,�i1�in any required front, side or rear setback area. °°*.�^^'���All emergency
or stand-by generators shall be required to meet all applicable requirements of the City Code
including Article 7-30 concerning noise. Outside a required front, side, or rear setback area, an
emergency or stand-by generator may be permitted upon the granting of a conditional use permit
�e.:� i'�° "'�^�;�R �'^mm:��• . Any application for such a permit must be accompanied with
information from the manufacturer documenting the noise generation characteristics of the
generator. A noise assessment study shall be prepared by a qualified acoustical consultant for all
proposed generators. The noise assessment study shall confirm the generator meets all applicable
requirements of the City Code including Article 7-30 concerning noise. This restriction shall not
apply to generators for which the owner provides evidence of installation prior to July 1, 2004,
provided, however, that removal of nonconforming generators may be required as a condition of
approval for any design review application involving expansion or reconstruction of more than fifty
percent of the main dwelling, as described in Article 15-45.
(1) Heating,ventilation and air conditioning (HVAC) mechanical equipment. No HVAC
mechanical equipment shall be allowed '� * *� ' * �' �' in any required front, side or rear
setback area. � HVAC mechanical equipment shall be required to meet all applicable
requirements of the City Code including Article 7-30 concerning noise. This restriction shall not
apply to HVAC equipment for which the owner provides evidence of installation prior to July 1,
2004, provided however, that removal of nonconforming HVAC equipment may be required as a
41
condition of approval for any design review application involving expansion or reconstruction of
more than fifty percent of the main dwelling; as described in Article 15-45.
24. Defnition ofTobacco Product
15-80.130 - Tobacco retailers.
(a) Definitions.For the purposes of this Section,the following words and phrases shall have the
meanings specifically ascribed to them in this subsection, unless the context or provision clearly
requires otherwise:
(1) Person means any natural person,partnership,cooperative association,private corporation,
personal representative, receiver, trustee, assignee, or any other legal entity.
(2) Tobacco paraphernalia means cigarette papers or wrappers, pipes, holders of smoking
materials of all types, cigarette i•olling machines, and any other item designed for the smoking or
ingestion of tobacco products.
(3) Tobacco products means any substance containing � tobacco leaf, including, but not
limited to,cigarettes,cigars,�pipe tobacco,hookah tobacco.snuff,chewing tobacco,diQpin�,
tobacco. ^^a ^m^'�°'°�� *^���^^, snus. bidis. or anv other nrenaration of tobacco: and anX
nroduct or formulation of matter containing biolo�icallv active amounts of nicotine that is
manufactured. sold. offered for sale. or otherwise distributed with the exnectation that the
nroduct or matter will be introduced into the human bodv,but does not include anvi cessation
nroduct snecificallv annroved bv the United States Food and Drug Administration for use in
treatin� nicotine or tobacco denendence.
(4) Tobacco retailer means any person who sells, offers for sale, exchanges or offers to
exchange for any form of consideration, tobacco, tobacco products and/or tobacco paraphernalia;
"tobacco retailing" shall mean the doing of any of these things whether exclusively or in conjunction
with any other use.
(b) Conditional use permits. Tobacco retailers are not allowed in any zoning district unless
listed as a conditional use. In zoning districts where tobacco retailers are a listed conditional use,
tobacco retailers may be allowed upon the granting of a use permit by the Planning Commission or
Zoning Administrator pursuant to Article 15-55. In addition to the requirements of Article 15-55,
conditional use permits for tobacco retailers must include the following conditions:
(1) Tobacco products and/or tobacco paraphernalia shall be secured so that only store employees
have immediate access to the tobacco products and/or tobacco paraphernalia. Self-service displays
are prohibited.
(2) The tobacco retailer shall comply with local, state, and/ar federal laws regarding sales,
advertising or display of tobacco products and/or tobacco paraphernalia including posting
prominently near the cash register or other point of sale the legal age to buy tobacco products and/or
tobacco paraphernalia, and checking the identification of all purchasers to ensure they are of legal
age.
42
(3) No person under eighteen years of age may sell or exchange tobacco products or tobacco
paraphernalia.
(4) Sampling of tobacco products by individuals under eighteen years of age shall not be
permitted. Therefore,tobacco products shall not be given or sold to individuals under eighteen years
of age.
(5) Smoking shall be prohibited in a premises deemed a "tobacco retailer".
(c) Limited density of tobacco retailers. Except as set forth in subsection (d), below, no
tobacco retailer, not legally in existence as of the effective date of this Section, shall be granted a
conditional use permit to operate on a site which is:
(1) Within five hundred feet of a site occupied by another tobacco retailer;
(2) Within one thousand feet of a site occupied by a public or private elementary, middle, or
high school; or
(3) Within one thousand feet of a site occupied by a City park.
All distances shall be measured in a straight line from the point on the parcel boundary of the
proposed tobacco retailer nearest to the subject use(i.e,existing tobacco retailer,school,or park)to
the nearest point on the parcel boundary of the subject use.
(d) Planning Commission findings. A proposed tobacco retailer use that does not meet the
criteria set forth in subsection (c) above, may be issued a conditional use permit by the Planning
Commission if the Planning Commission(1)makes the findings specified in Section 15-55.070 of
this Code and(2)finds that the tobacco retailer use is compatible with the surrounding neighborhood
and located and designed in a manner that is sensitive to the proximity of schools, parks, medical
facilities, and other tobacco retailers. If a proposed tobacco retailer use would ordinarily be subject
to review by the Zoning Administrator, the use permit shall be considered by the Planning
Commission in the first instance if, in the course of staff review of the permit application, it is
determined that the proposed use does not meet the criteria set forth in subsection (c), above.
(e) Existing tobacco retailers,procedure for administrative approval.If a tobacco retailer is
legally in existence on October 16, 2009, the operator is not required to obtain a conditional use
permit or satisfy the density requirements in subsection(d),above,as long as the operator applies for
an Administrative Existing Tobacco Retailer Use Permit by April 16,2010. The Director shall issue
an Administrative Existing Tobacco Retailer Use Permit to any tobacco retailer legally in existence
as of the date of enactment of this Section when the Director obtains a declaration from the tobacco
retailer operator declaring that it will comply with the conditions in subdivision(b).No fee shall be
charged far this permit.
(� Suspension or revocation of a use permit.
(1) The suspension and revocation provisions set forth in this subsection apply to use permits
granted under both subsection (b) and (d).
43
(2) Grounds for suspension or revocation. In addition to any basis for suspension or revocation
under Article 15-55, a tobacco retailer's use permit status shall be suspended or revoked if the
Director finds, after notice and opportunity to be heard, any of the following:
(A) That the permit holder has violated any of the use permit conditions of approval, including
without limitation the conditions set forth in subsection (b) of this section, or
(B) That the permit holder has violated any local, state or federal law governing the sale,
advertisement or display of tobacco products or tobacco paraphernalia.
(3) Suspension shall suspend the privilege of tobacco retailing for a stated period pursuant to
paragraph (4) of this subsection. Revocation shall be without prejudice to the filing of a new
application for a conditional use permit following correction of the conditions that required the
revocation.
(4) Suspension or revocation of CUP. If the Department finds that there are grounds for the
suspension of a CUP, the following sanctions shall be imposed:
(A) A first violation of this Section shall result in a thirty-day suspension of the right to sell
tobacco products and tobacco paraphernalia.
(B) A second violation of this Section within a sixty-month period shall result in a ninety-day
suspension of the right to sell tobacco products and tobacco paraphernalia.
(C) A third or subsequent violation of this Section within a sixty-month period may result in a
revocation of the right to sell tobacco products and tobacco paraphernalia.
(5) Appeal of suspension and/or revocation. The decision of the Director is appealable to the
Hearing Officer pursuant to Section 3-15.070 of this Code provided that any appeal must be filed
within ten days of receipt of the Director's decision. An appeal shall stay all proceedings in
furtherance of the appealed action.
(g) Enforcement.
(1) Violations of this Section and any use permit issued hereunder are hereby declared to be
public nuisances.
(2) In addition to other remedies provided by this Section or by other law,any violation may be
remedied by a civil action brought by the City Attorney,including,but not limited to,administrative
or judicial nuisance abatement proceedings, civil or criminal code enforcement pr•oceedings,unfair
business practice proceedings under Business& Professions Code Section 17200 et seq., and suits
for injunctive relief. The remedies provided by this Section are cumulative and in addition to any
other remedies available at law or in equity.
44
23. Basements— Geotechnical Revie�v and Li�hrivells Setbacks
15-06.405 - Lightwell.
"Lightwell" means an excavated area adjacent to a building*'� * * a *� � �' *
m.�aruxa-r_�_lanr_ia_nn+�ll , E;•�.,Y, �l,o L., ;la; + + �l, � 11 f'�L. 1' L,r 11
; "b r ���� �� i�z , that is
enclosed on four sides, that is open at the top, and allows light into a below-grade level of a
building.
15-80.035 - Requirements for basements and lightwells.
The following requirements shall apply to basements in any A,R-1,HR,R-OS or R-M district,with
the exception of requirements in subsections (d) and (e) of this Section, which shall apply to all
districts:
(a) A basement shall be located beneath the building footprint of an enclosed
�" ''�° ''���'�'�„� ��`„r��+ ��+'� structure, :���'••a�N^ �**����� �°, and shall not be
located,with the excention of lighhvellc.within any required setback area.The building footprint is
the floor area from the exterior surface of the exterior walls of the ground floor of all main or
accessory structures on a lot.
(b) A lightwell mav not extend into a reauired side setback area more than three feet and
into a reauired rear setback area more than four feet. �:��:: ��„��,, � * a � ��*��r ^ r�a
°°�:JI �i�a Q11� GI1k������iTa��'��z���T � ,a � c i c nti nnc
� ciniccrm-r,zcE�i6riT✓-vv�v�
(c) A basement shall be a one level structure with a maximum floor to ceiling height of twelve
feet. Floor, in this case, means finished floor, and ceiling means the bottom level of the ceiling
framing members.
(d) All pt°oposed basements and additions to basements identified on the Citv's Ground
Movement Potential Man as bein� located in an area with significant notential for �round
movemenf shall obtain geotechnical clearance. The applicant shall submit to the Planning
Department a geotechnical report prepared by a registered geotechnical engineer or registered civil
engineer with competence in geotechnical investigation and design. This report shall include an
analysis of seasonal groundwater conditions potentially impacting the project and design
recommendations for any appropriate measures to address subsurface water.
The geotechnical consultant shall address the potential need for substantial sump pump operation
requirements where groundwater is anticipated to rise above the basement floor.
Incorporation of subdrain systems beneath basement floors and appropriate waterproofing
measures shall be considered during preparation of geotechnical design criteria for basements.
(e)Applicant shall submit to the Planning Department a grading and drainage plan stamped and
signed by a registered civil engineer. Water collected from a basement shall either be transported to a
nearby city storm drain inlet or to another drainage facility. The method of drainage shall be
reviewed and approved by the Community Development Director. Disposition and treatment of on-
site storm water shall be consistent with the requirements of the Santa Clara Valley Urban Runoff
45
Pollution Prevention Program (NPDES requirements). The size of a proposed basement may be
limited based on drainage issues or issues raised in the geologic and geotechnical reports.
26. State Densitv Bonus Requii�ements
15-81.040 - Review procedures.
Within ninety days of receipt of a complete proposal, the Community Development Director shall
notify the applicant in writing what the staff will recommend as to how the City will comply with
this Article,and shall indicate whether staff has determined that the housing development complies
with this Article and with the applicable planning and zoning regulations. T�t�e—���
ao.,o�,,,.ri,o„*; oa „ ,.�„�.,oa ,.ommunit.,a;��,.;,.����,o ao„�;�.,i.,.�„��„a; „+;.,or�)a:�all bc
,.,,��;,ao,.oa i..,+l� P�ra�irrb 'E�mr�ooi„ �a r;�, r-�,. ;� . ,;��, ��,o r�+�,o
�,,,,,�;,,,.,ao.,oi„r,,,o„+; ,.�r,.,,r„�oa �✓a pl't������ur.i�.,a:�+,.;,.+ �i,o,.o,,,,o�+��,.,ii i.o�,.,,,.o��oa
,
� part . The
annlication and all associated nroiect annrovals shall be considered bv the Plannin�
Commission which shall make a recommendation to the Citv Council. The Citv Council shall
make a final decision on the nronosal and related annrovals together with the affordable
housin� densitv bonus agreement described in section 15-81.050. �
D. Amendments to Chapter 16 (Building Re�ulationsl
27. Build it Green
16-47.020 - Definitions.
For the purposes of this Article, certain words and phrases used herein are defined as follows:
„���;,.�„� „ „��,�,ov.,�.o,.�i,:r,,,.�anizati,,,, .,,�,,,�o., ��„r ,,,o�,o��+�,., o ,,,�
�
�,,,,,.,,o o��;,. �� �.,,;ia;
„��:,.;.,i �„�.o„ ��;�;oa�„ro,.f��inop�,..;,,r� .,.,a � ,;ao a,,,.,,,ro„�„�;,.,,�✓aa�u�c,,�,,,.�;,,,,,.o ,;��,
t�,o ,.�,;,,,� � ,��o,,, ao<,oi„rod �;� �aila r���
�„� r,,,,�„D.�;.,+A.,*„a � � ��,o ,..,*;,,,. � ,��ow, ao.,oi,.roa �,., R,,:ia T+ r,•oo„
(�a)LEED means the leadership in energy and environmental design program developed by the
U.S. Green Building Council. The U.S. Green Building Council is a national professional nonprofit
membership organization whose mission is to promote buildings that are environmentally
responsible.
46
(�b)L EED-accredited professional means a person or organization determined by the building
official to be qualified to perform inspections and provide documentation to assure compliance with
the U.S. Green Building Council LEED requirements.
16-47.060 - Maintenance of resources.
The building official shall maintain a current list of ^°�*��°�' �-r°°r '����'a�^rt r�*°r° °r� LEED
accredited professionals who are qualified to provide*'�°rr°°^p^;�*�'°+°�' ��a LEED certifications,
and shall be responsible for administering and implementing the requirements of this Article.
28. Ground Movement Potential Maps
Article 16-65
GROUND MOVEMENT POTENTIAL MAPS
Sections:
16-65.010 Purposes of Article.
16-65.020 Adoption of Ground Movement Potential Maps.
16-65.030 Md a�Pe4�€Area prohibitions.
16-65.040 Sls, Sun, c�n�e�,��Paf, Pmw, Ps, Pd, Pdf and Ms Area restrictions.
16-65.050 Psf Area restriction.
16-65.010 - Purposes of Article.
In order to protect the public health, safety and welfare,it is essential to prohibit building in areas
of existing earth movement or areas having extreme potential for earth movement,and not to permit
building in those areas which are marginally stable and have either moderate or high potential for
earth movement unless and until adequate precautionary measures are taken and further professional
opinion is obtained certifying that a site is safely developable.The purpose of this Article is to adopt
certain ground movement potential maps relating to various areas of the City having actual or
potential earth movement, and to establish restrictions and requirements for development in these
areas based upon the designations of slope stability as shown on such maps.
16-65.020 - Adoption of Ground Movement Potential Maps.
(a) Reference is hereby made to the following maps, copies of which have been filed with the
City Engineer for use and examination by the public, which maps a� is hereby adopted and
incorporated herein by reference, together with any amendments thereto:
(1) Ground Movement Potential Maps—Citv of Sarato�a.California ^�*'�°T T��°r�'^'�'���°°
r��e�c `x'���. dated • , April 2013, prepared by � Cotton. Shires and
Associates, Geotechnical Consultants.
���r,.,,,,,,a r�r,,.,o,,,o„�n,.,o„�;.,i ��r��„��i,o r�,,,,,.,.o�� &,�rin�E��{�r°^�°a�Z',�,-
��p���b� �xrii;.,,,, r�,,,+,.,, ,,,,a n��,,,.;�+o� r,o,,,o„t,,,;,.�i r�,,,,�„i�.,,,��
47
��� r,.,,,,,,a �a,,.,o�,.,o„+ �,.+o„+;.,� ,��r„�� „�+�,o r „ o,. c.,,.,,�„�a IIilr�iao n,.o., a,,.oa r,oa�mbor,
19Q5� pr�r,,..oa i... -ro,�.,,�o„�, r,,,,
�
Reference is further made to the designations of slope stability shown on said maps,consisting of
Sbr, Sls, Sun, ����f� Paf, Pmw, Ps, Pd, Pdf, Ms, Md, �€ and P�f, which designations
graduate generally from the most stable areas to the least stable areas. The precise location of the
boundary of each designated area is subject to adjustment by the City on the basis of a site specific
geologic and soils report prepared by a certified engineering geologist licensed by the State.
(b)The restrictions and requirements set forth in this Article shall apply to all areas as shown on
said maps which are located within the City limits,and all areas which may hereafter be added to the
City through annexation or other legal process.
16-65.030 - Md�€Area prohibitions.
(a)No tentative or final subdivision^r'��•�'a��R ��*° approval shall be granted for any property
which includes land in an Md e�€area, unless such inclusion will not result in or permit any
building, structure, driveway or street to be located in such area, and the entire Md e�4�€area is
dedicated as open space on a recorded map or agreement which contains an express prohibition
against the construction or installation of any improvements in such area.
(b) No building or grading permit shall be issued for the construction or installation of any
building or structure or any foundations therefor in an Md e�� area, except for repair,
reconstruction or modification of existing structures where such does not increase the floor space
under roof and where such repair, reconstruction or modification does not require or involve any
new or additional foundation.
16-65.040 - Sls, Sun,��'�^°��Paf, Pmw, Ps, Pd, Pdf and Ms Area restrictions.
No tentative or final subdivision^r'����'�'���°�*°approval shall be granted,nar shall any building
or grading permit be issued for the construction or installation of any new building or structure, or
addition to any existing building or structure,nor shall any new building or structure be constructed
or installed in any Sls,Sun,n�€,—S°���Paf,Pmw,Ps,Pd,Pdf or Ms area unless and until all of the
following requirements have been fully satisfied:
(a) A geologic and soils investigation report has been prepared in accordance with Section 14-
20.020 of this Code and a site development plan has been prepared in accordance with Section 14-
25.100 of this Code, and such report and development plan have been approved by the City.
(b) The geologic and soils report referred to in subsection (a) of this Section is finalized, and
contains the opinion of a certified engineering geologist or a registered civil engineer qualified in
soil mechanics, stating that the proposed subdivision, building site or land development and the
proposed improvements to be constructed or installed thereon,as designed,will be structurally safe
from earth movement.
(c) The owner of the property executes and files with the City Clerk a written statement
representing to the City that he is relying upon the investigation, report and opinion of the owner's
geologist,and that if the requested subdivision or site approval or building, grading or other permit
or pernlits are granted, the owner agrees to and does thereby indemnify and hold the City, its
officials, officers, boards, commissions, employees, agents and professional consultants, free and
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harmless from and against any and all claims, actions, damages, suits or liabilities claimed by the
owner or any other person by reason of any actual or potential geologic hazard, including, without
limitation, land slippage, landslide,earthquake, slope instability, soil or sub-soil instability, or lack
of lateral or subj acent support of any kind or nature,including any failure,collapse or damage to any
building or structure or its foundation, and further stating that the owner is voluntarily and
knowingly assuming the risk thereof.
16-65.050 - Psf Area restriction.
No tentative or final subdivision^r'����'a���-°�*°approval shall be granted,nor shall any building
or grading permit be issued for the construction or installation of any new building or structure, or
addition to any existing building or structure,nor shall any new building or structure be constructed
or installed in any Psf area unless and until all of the following requirements have been fully
satisfied:
(a) A geologic investigation report has been prepared by a certified engineering geologist and
approved by the City Geologist, showing the location or suspected location of faults.
(b) A set-back zone has been established along the identified or suspected fault location, as
approved by the City Geologist, and a map or agreement has been recorded designating such set-
back area as open space and prohibiting the construction of any buildings or structures therein.
(c)The owner of the property has executed and filed with the City Clerk a written statement and
indemnity agreement as described in subsection 16-65.040(c) of this Article.
Section 2. Severance Clause.
The City Council declares that each section,sub-section,paragraph,sub-paragraph,sentence,clause
and phrase of this ordinance is severable and independent of every other section, sub-section,
paragraph,sub-paragraph,sentence,clause and phrase of this ordinance. If any section,sub-secfion,
paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City
Council declares that it would have adopted the remaining provisions of this ordinance irrespective
of the portion held invalid, and further declares its express intent that the remaining portions of this
ordinance should remain in effect after the invalid portion has been eliminated.
Section 3. California Environmental Quality Act
The proposed amendments and additions to the City Code are Categorically Exempt from the
California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3).
CEQA applies only to projects which have the potential of causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not subject to CEQA. In
this circumstance, Staff is recommending amendments to the existing City Code and related sections
and additions of provisions and reference appendices to the existing Code; the amendments and
additions would have a de minimis impact on the environment.
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Section 4. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the City of
Saratoga within fifteen days after its adoption.
Following a duly notice public hearing the foregoing ordinance was introduced at the regular
meeting of the City Council of the City of Saratoga held on the 18th day of September, 2013, and
was adopted by the following vote on October 16, 2013.
COUNCIL MEMBERS:
AYES: Mayor Jill Hunter, Vice Mayor Emily Lo, Council Member Howard Miller,
Manny Cappello, Chuck Page
NOES: None
ABSENT: None
ABSTAIN: None
SIGN
�1 -�
N �, � h ,1 ,,(��
� � �
Jill Hunter
MAYOR,CITY OF SARATOGA,CALIFORNIA
ATTEST:
I.JL��� ���L� �7 DATE: I �'�a z J.'Zo( 3
Crys�al Bothelio �
CITY CLERK
APPROVED AS TO FORM:
--�_�4, -�. --�_�-_ l� L .}� �-i
" � ���" DATE: C �
Richard Taylor
CITY ATTORNEY
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