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HomeMy WebLinkAboutOrdinance 229 -Amending Article 14, 15, and 16ORDINANCE AN ORDINANCE AMENDING ARTICLE 14,15 AND 16 RELATED TO THE VARIOUS SECTIONS THAT DEAL WITH STORM WATER RUNOFF (NPDES), AMENDMENTS TO THE SUBDIVISION ORDINANCE (ARTICLE 14) SECTIONS THAT DEAL WITH LOT LINE ADJUSTMENTS AND AMENDMENTS TO ARTICLE 14 TO REMOVE REMAINING SECTIONS DEALING WITH BUILDING SITE APPROVALS (BSA) FROM THE SUBDIVISION ORDINANCE THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declares as following: • The current sections of the Subdivision, Zoning and Building chapters of the Saratoga City Code are not consistent with the provisions of the Santa Clara Valley Urban Runoff Pollution Prevention Program requirements, and • The need to provide additional regulation regarding lot line adjustments is needed to further implement the Hillside protection policies of the City of Saratoga. • The Planning Commission has conducted a public hearing to consider amendments to the zoning code with respect to the proposed Ordinance Amendments related to Storm Water Pollution Prevention, Lot Line Adjustments and Building Site Approvals. Section 2. Adoption. Section 15- 12.090 of the Saratoga City Code is hereby amended as set forth below. Chapter 14 SUBDIVISIONS Article 14 -20 PROCEDURES FOR TENTATIVE APPROVAL 14- 20.040 Contents of application. (n) All provisions for sewage disposal, storm drainage and flood control, which are proposed by the applicant. Disposition of on -site storm water shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program as defined in Article 15 -06 of the Zoning Code. Article 14 -30 IMPROVEMENT REQUIREMENTS 14- 30.030 Storm water and sewage. (a) General requirements. Subterranean storm drains shall be designed and installed by the subdivider or owner to adequately and safely drain all storm waters of the subdivision or site, and all surface waters reaching or reasonably calculated to reach the subdivision or site from areas outside of its boundaries. All drainage plans shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program as defined in Article I5 -06 of the Zoning Code. In order to ensure compliance with the program, grading plans shall incorporate appropriate source control and site design measures that minimize storm water pollutant discharges to the maximum extent possible. Existing storm drains already discharging into a watercourse shall be of a capacity sufficient, in the opinion of the City Engineer, to adequately and safely carry all of such additional drainage generated by the development. The storm drain system shall consist of mains of not less than twelve inches in diameter, together with such manholes, catch basins, laterals and other structures, and at such grades, as required by the City Engineer to conform to good drainage requirements for the area and topography of the subdivision or site to prevent standing or flooding waters within and outside of its boundaries. In addition, the subdivider or owner shall comply with all conditions of the water district as may be imposed by any permit required to be obtained from such district in order to discharge said waters into a watercourse. Chapter 15 ZONING REGULATIONS Article 15 -06 DEFINITIONS 15- 06.581 Santa Clara Valley Urban Runoff Pollution Prevention Program. "Santa Clara Valley Urban Runoff Pollution Prevention Program" means the policies and directives adopted by the Santa Clara Valley Urban Runoff Pollution Prevention Program effective [insert adoption date] and on file in the Community Development Department. Article 15 -21 MU -PD: MULTIPLE USE PLANNED DEVELOPMENT DISTRICT 15- 21.140 Final development plan. (7) All provisions for sewage disposal, storm drainage and flood control which are proposed by the applicant, including the approximate distance to and location of the nearest storm drainage and sanitary sewer main lines. Disposition of on -site storm water shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program. Article 15 -46 DESIGN REVIEW: MULTI- FAMILY DWELLINGS AND COMMERCIAL STRUCTURES 15- 46.030 Application requirements. (a) Application for design review approval shall be filed with the Planning Director on such forms as shall be prescribed. The application shall include the following exhibits: (5) Engineered grading and drainage plans, including cross sections if the structure is to be constructed on a hillside lot. Disposition of on -site storm water shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program. Article 15 -80 MISCELLANEOUS REGULATIONS AND EXCEPTIONS 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 (d) and (e) below, which shall apply to all districts: (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 and the Public Works Department. Disposition of on -site storm water shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program. The size of a proposed basement may be limited based on drainage issues or issues raised in the geologic and geotechnical reports. (Ord. 209 § 2 (part), 2002) Chapter 16 BUILDING REGULATIONS Article 16 -15 BUILDING CODE' 16- 15.180 Section 3315 of Appendix Chapter 33 is amended concerning drainage and terracing. Subsections (f) and (g) are added to Section 3315 of Appendix Chapter 33 to read as follows: (f) Each lot and building site shall be graded to drain all storm and other surface waters to the nearest storm drain or other drainage outlet approved by the building official. All runoff from roofs, decking, paving and other surface water collectors, whether natural or artificial, may be required by the building official to be centrally collected and drained through enclosed pipe or other conduit to onsite or off -site drainage outlets or storm drains. Disposition of on -site storm water shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program as defined in Article 15 -06 of the Zoning Code. Chapter 14 SUBDIVISIONS 14- 10.170 Lot Line Adjustment. "Lot line adjustment" means the relocation of an existing lot line between four or fewer existing adjoining lots, where the land taken from one lot is added to an adjoining lot and where a greater number of lots than originally existed are not created. 14- 10.210 Parcel map. "Parcel map" means a final map for a single lot or reversion to acreage pursuant to this Chapter. 14- 10.320 Subdivision. (a) "Subdivision" means the division, by any subdivider, of any parcel or parcels of improved or unimproved land, or any portion thereof, shown on the latest equalized County assessment roll as a single unit or as contiguous units, for the purpose of sale, lease, financing or construction of improvements thereon, whether immediate or future. Property shall be considered as contiguous units even if separated by roads, streets, utility easements or railroad rights -of -way. "Subdivision" includes a condominium project, as defined in Section 1350 of the State Civil Code, a community apartment project, as defined in Section 11004 of the State Business and Professions Code, or the conversion of existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the State Business and Professions Code. "Subdivision" also includes any division of land by gift, inheritance, or partition in kind. [Subsection (b) of Section 14- 10.320 is not amended.] 14- 50.010 Purpose Lot line adjustments are intended to provide practical flexibility for minor alterations of existing lots and /or improved lot design. The lot line adjustment procedure authorizes property line(s) between four or fewer existing adjoining legal lots to be, altered so long as no additional Iots are created and all other state and local requirements are met. 14- 50.015 Application. Application for a lot line adjustment shall be filed with the Community Development Director on such form, as he or she shall prescribe. The application shall be signed by all parties holding an ownership interest in any properties, which are the subject of the proposed lot line adjustment. The Community Development Director shall examine the application and shall not file the same until all of the requirements of this Article with respect to the form and content of the application and the documents to be submitted therewith have been fully satisfied and all fees and costs due and payable at the time of filing the application have been paid in full. The time of filing the application shall be the date on which the application is found by the Community Development Director to be complete. (Amended by Ord. 221 § 2 (part), 2003) 14-50.020 Contents of application. The applicant shall submit eighteen copies of a scale drawing showing the proposed lot line adjustment, prepared by a registered civil engineer or land surveyor. Such drawing shall have a dimension of not less than eighteen inches by twenty -six inches, and the scale thereof, based upon the combined area of all properties which are the subject of the lot line adjustment, shall be as follows: one inch shall be equal to twenty feet for two acres or less; one inch shall be equal to fifty feet for two acres through twenty acres; and one inch shall be equal to one hundred feet for over twenty. acres in area. The drawing shall contain, or shall be accompanied by, the following information: (a) The existing lot lines of all properties which are the subject of the lot line adjustment �. and the name of any existing recorded maps applicable to such properties, the date of recording such maps, and the book and page of the official records where such maps are recorded. (b) The proposed lot lines and the dimensions of the lots as reconfigured by the lot line adjustment, including frontage, width, depth and area in square feet. (c) Date of preparation, north point and scale. (d) A key map showing adjacent contiguous property on all sides, giving location, names and widths of adjacent rights -of -way. (e) Name and address of record owners of all properties which are the subject of the lot line adjustment and the name and address of the civil engineer or land surveyor who prepared the drawing. (f) Locations, names, widths, centerline radii and centerline slopes of all streets within or adjacent to the subject properties. (g) Existing contours of the subject properties, expressed in intervals of five feet, together with a calculation of the average slope of each property, as, determined in accordance with Section 14- 10.280 of this Chapter. (h) Location and description of all existing buildings and structures upon the subject properties. (i) Location and character of all existing easements. (j) Existing use or uses and zoning classification of each property having a lot line to be adjusted. (k) Location of all creeks, streams and other watercourses, showing top of existing banks and creek depth. (1) A certification from the owner of each affected lot documenting ownership of the lot and certifying owner's right to authorize the lot line adjustment. Said certification shall attach a preliminary title report or comparable document issued within ten days from the date of filing the application by a reputable title company doing business in the County and showing all parties having any interest in the subject properties. (m) In addition to the foregoing, the Community Development Director may require the applicant to submit such additional documents, information and materials as the Director deems necessary for the review, processing and evaluation of the proposed lot line adjustment. If any such additional documents, information or materials are required, the Director shall so advise the applicant in writing within thirty days from the filing of the application. (Amended by Ord. 221 § 2 (part), 2003) 14- 50.030 Investigation and report by Community Development Director. (a) The Community Development Director may transmit a copy of the application to such persons and agencies as he or she may deem appropriate for review and w recommendations thereon, including, but not limited to, the Health Officer, the Santa Clara Valley Water District, the sanitation and fire districts having jurisdiction, and any utility companies serving the area in which the subject properties are located. (b) Upon receipt of any recommendations from the persons and agencies referred to in subsection (a) of this Section and completion of his own review and analysis of the application, the Community Development Director shall cause a written staff report to be prepared and submitted to the advisory agency and shall furnish the applicant with a copy of such report not later than three days prior to the date on which the application is first considered by the advisory agency. (Amended by Ord. 221 § 2 (part), 2003) 14- 50.035 General Plan and Zoning Requirements and Criteria The requirements and criteria in this section apply to the determination of whether or not the lots resulting from a proposed lot line adjustment will conform to the minimum lot size and development density requirements of the General Plan and Zoning Ordinance. This section does not contain a complete list of General Plan and Zoning Ordinance requirements that may apply to lot line adjustments. (a) All lots resulting from a lot line adjustment shall comply with the applicable _. General Plan and Zoning Ordinance. The General Plan will prevail if there is any need to harmonize General Plan and Zoning Ordinance density or minimum lot size designations for the subject lots. (b) A "substandard lot" is defined for the purposes of this chapter as a lot that does not meet the minimum lot size requirements of the General Plan and Zoning Ordinance designations applicable to the property. (c) If any lot resulting from the proposed lot line adjustment would be substandard, the lot line adjustment may only be approved if the lot line adjustment would not cause or contribute to an increase in allowable density beyond, or reduction (or further reduction) in minimum lot size below, that authorized by the General Plan designation and Zoning Ordinance when the lot line adjustment application was deemed complete. tot line adjustments involving a substandard lot that falls into one or more of the following categories are presumed not to cause or contribute to an increase in allowable density or reduction (a further reduction) in minimum lot size and may be approved if the approving authority makes all of the required findings in this section and in Section 14-50.040. Category 1— No increase in number of Developable tots (1) No substandard lot is reduced or further reduced in area; and (2) Each adjusted lot retains at least 90 percent of the real property included in the lot prior to the proposed lot line adjustment; and (3) The lot line adjustment would not result in any additional developable lots or a greater allowable density than prior to the lot line adjustment. In determining if a lot is developable, the lot must meet at least one of the following criteria. (i) Contain a legal dwelling constructed pursuant to and in compliance with a validly issued Design Review and subsequent Building Permit; or (ii) Be subject to an unexpired Design Review approval and or Building Permit; or (iii) Be a whole lot on a numbered tract map or parcel map issued pursuant to a legal subdivision. Category 2 — Curing an encroachment or setback violation for existing legal structures. A lot line adjustment curing an encroachment or setback violation on a substandard lot qualifies under this subsection if the approving authority finds that the proposed lot line adjustment involves only two lots and its sole purpose is to cure or partially cure an encroachment or setback violation involving the following types of improvements that were legally constructed or partially constructed by or on behalf of a property owner on an adjoining lot. (1) A dwelling, building or structure that was constructed before any permits were required by the City of Saratoga or the County of Santa Clara for such improvements; or (2) A dwelling, building. or structure for which all legally required permits were issued prior to construction and the improvements were constructed in compliance with all approved plans and permits. Category 3 — Environmental Impact Avoidance The sole purpose of the lot line adjustment is to reduce or avoid significant environmental impacts such as geological hazards or disturbance of important viewshed, riparian or habitat areas. Where this criterion is the basis for approval, the advisory agency shall first hold a public hearing on the application and make all of the following findings before approving the proposed lot line adjustment. (1) The lot line adjustment would not result in any additional developable lot or a greater allowable density than legally existed prior to the lot line adjustment. In determining if a lot is developable, the lot must be found to satisfy at least one of the following criteria. i Contain a legal dwelling constructed pursuant to and in compliance with a validly issued Design Review and subsequent Building Permit; or ii Be subject to an unexpired Design Review approval and/or Building Permit; or iii Be a whole lot on a numbered tract map or parcel map issued pursuant to a legal subdivision. (2) The lot line adjustment would result in no lot being environmentally inferior and at least one lot being environmentally superior and overall the resulting configuration would better implement the general plan policies as compared to the current lot configuration. (3) The proposed lot design and configuration would optimize general plan conformance and environmental protection and best mitigate environmental impacts in conformance with the general plan. 14- 50.040 Action by Community Development Director; findings. (a) Within fifty days after the application is accepted as complete, unless such time is extended by mutual agreement of the' advisory agency and the applicant, the Community Development Director (or the advisory agency where applicable) shall approve, conditionally approve or disapprove the application and shall report such action to the applicant. A copy of said report shall be kept on file in the City offices for a period of not less than five years, and in all events, until the recordation of a record of survey or deed, as required under Section 14- 50.060, and final acceptance by the City of any public improvements to be constructed by the applicant and termination of the applicant's responsibility to maintain such improvements. (b) The Community Development Director shall not approve a lot line adjustment unless he or she makes all of the following findings: (1) That the proposed lot line adjustment is consistent with the General Plan and any applicable specific plan. (Z) That the proposed lot line adjustment is consistent with the regulations contained in the Zoning Ordinance, the Building Ordinance and this Chapter. For the purpose of this finding, the lot line adjustment shall be deemed consistent if no new violation of such regulations is created by the lot line adjustment, or if the nonconformity created by the lot line adjustment is specifically approved by the advisory agency through the appropriate process, such as the granting of a variance or use permit under Chapter 15 of this Code or the granting of an exception under this Chapter. (3) That the proposed lot line adjustment will not conflict with easements, acquired by the public at large for access through or- use of the subject properties. In this connection, the Community Development Director may grant tentative approval if he finds that alternate easements for access or use will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is granted to the Community Development Director or to the advisory agency to determine that the public at large has acquired easements for access through or use of any portion of the subject properties. (4) The lot line adjustment is between four or fewer existing, adjoining lots. Where an owner of adjoining lots has previously obtained a lot line adjustment for four adjoining lots and subsequently requests a lot line adjustment for one or more additional adjoining lots, a subdivision is required. Where more than one property owner concurrently requests a lot line adjustment for more than four adjoining lots, a subdivision is required. (c) The Community Development Director shall not impose conditions on its approval of a lot line adjustment except for those conditions which the Community Development Director deems necessary or appropriate for implementation of, and conformity with, any General Plan policies, or any zoning regulations set forth in Chapter 15 of this Code, or building regulations set forth in Chapter 16 of this Code, or to facilitate the relocation of existing streets, utilities, infrastructure, or easements (including rights -of- way). (d) A public hearing shall be conducted for any lot line adjustment application requiring advisory agency approval. Notice of the hearing shall be given not less than ten days nor more than thirty days prior to the date of the hearing by mailing, postage prepaid, a notice of the time and place of the hearing to the applicant and to all persons whose names appear on the latest available assessment roll of the County as owning property within five hundred feet of the boundaries of the subdivision or site which is the subject of the application. Notice of the public hearing shall also be published once in the newspaper having general circulation in the City not later than ten days prior to the date of the hearing. (Amended by Ord. 71 -154 § 1, 1995) 14- 50.050 Expiration of tentative approval; extensions. (a) The tentative approval of a lot line adjustment shall expire twenty -four months from the date on which the Community Development Director, advisory agency; (or City Council on appeal), granted its approval or conditional approval. (b) An extension of the expiration date may be granted by the advisory agency for a period or periods of time not exceeding thirty -six months. The application for extension shall be filed prior to the expiration date, and shall be accompanied by the payment of a fee in such amount as established from time to time by resolution of the City Council. Extension of .tentative approval is not a matter of right and the advisory agency may deny the application. 14- 50.060 Approval and recordation of survey or deed. (a) Prior to the expiration of the tentative approval or extension thereof pursuant to Section 14- 50.050, the applicant shall submit to the City Engineer any required record of survey and a deed, and such other documents as may be lawfully required under the conditions of the tentative approval. No record of survey shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code. The City Engineer may accept a deed where the lot line adjustment involves only the movement of property lines without relocation of any streets, utilities, easements or other rights -of -way. (b) The City Engineer shall examine the survey or deed and accompanying data and shall determine: (1) Whether the proposed survey or deed substantially complies with the tentative approval of the lot line adjustment. (2) Whether all conditions of tentative approval have been completed, or if incomplete, are matters, which are includable in a regular or deferred improvement agreement with the City; (3) Whether all provisions of this Chapter and all other applicable provisions of law have been complied with; and (4) Whether the survey or deed is technically correct. (c) Upon the City Engineer's determination that all requirements of this Section have been satisfied, he shall notify the applicant that the survey or deed has been approved as to form and content. The City Engineer shall thereupon cause the survey or deed to be filed for record in the office of the County Recorder when all of the following conditions as may be applicable have been satisfied: (1) The applicant has executed the City's standard or deferred form Of improvement agreement and furnished to the City the security required thereunder. (2) The applicant has furnished to the City the monument bond guaranteeing payment of the cost of setting monuments and such other agreements and bonds as may be required by law. (3) The applicant has furnished to the City the indemnity agreement and insurance policy required by Section 14- 05.055 of this Chapter. (4) The applicant has executed and furnished to the City for recordation any offers of dedication to be made by separate instrument, deeds, or other documents affecting title and relating to the lot line adjustment, together with the applicable recording fees, if any. (5) All required fees and costs have been paid in full to the City, including but not limited to the cost of recordation of the survey or deed required by this subsection (c). with a lot line adjustment, the (d) Where an offer of dedication is made in connection provisions of Section 14- 40.070 shall be applicable to such offer. 14- 15.020 -- Deleted 14- 45.010 — Deleted 14- 45.020 — Deleted 14- 45.030 —Deleted 14- 45.040 - Deleted Section 3. 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, sentence, clause and phrase of this ordinance. If any section, sub - section, paragraph, sub - paragraph, sentence, clause and P hrase is held invalid, the City Council declares that it would have'adopted the remaining provisions of this ordinance irrespective of the portion held invalid, gp 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 4. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 3rd day of March, 2004, and was adopted by the following vote following a second reading on the 17th day of March, 2004: AYES: NOES: ABSENT: ABSTAIN: ANN WALTONSMITH, MAYOR ATTEST: CATHLEEN BOYER, CITY CLERK APPROVED AS TO FORM: RICHARD TAYLOR, CITY ATTORNEY