HomeMy WebLinkAboutOrdinance 329 Amending Ground movement RegulationsORDINANCE NO. 329
AN ORDINANCE AMENDING THE SARATOGA CITY CODE
REGARDING GROUND MOVEMENT REGULATIONS
Findings
1. The City of Saratoga wishes to update the City Ground Movement Regulations.
2. The updates in this ordinance affect provisions of the City's ground movement
regulations. These amendments were considered by the Planning Commission of the
City of Saratoga and the Commission, after a duly noticed public hearing on June 24,
2015, recommended adoption of these updates to City Ground Movement Regulations.
3. The City Council of the City of Saratoga held a duly noticed public hearing on July 1,
2015 and after considering all testimony and written materials provided in connection
with that hearing, introduced this ordinance.
Therefore, the City Council hereby ordains 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., underlined) and text to be deleted
is indicated in strikeout font (e.g., strikeout). Text in standard font is readopted by this ordinance.
1. Article 15-45 DESIGN REVIEW: SINGLE FAMILY DWELLING
15-45.060 - Planning Commission design review; public hearing.
(a) Pursuant to this Article, the following projects shall receive design review approval by the
Planning Commission prior to issuance of a building permit in any A, R-1, HR, or R -OS
district:
(1) Any new multi -story main structure or multi -story accessory structure.
(2) Any conversion of a single -story structure to a multi -story structure.
(3) Any new structure over eighteen feet in height or any existing structure that would exceed
eighteen feet in height as a result of the proposed construction.
(4) Any project that requires design review under the terms or conditions of any tentative or
final subdivision map, use permit, variance or conditional rezoning.
(5) Any new dwelling on a lot having a net site area of less than five thousand square feet.
(6) Any project that increases the cumulative floor area of all structures on a site to more than
six thousand square feet.
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(7)
Any project that, in the opinion of the Community Development Director, may be
significantly inconsistent with the design review findings required in Section 15-14.080 of
this Article, or may cause excessive damage to the natural environment, or may result in
excessive intensification of the use or development of the site.
(8) Any addition to a structure over eighteen feet in height that would expand the existing floor
area by more than fifty percent or modify the existing footprint by more than fifty percent.
All Categorically Permitted projects located within the Pmw. Pd and Pdf areas as
identified on the City's Ground Movement Potential Map
(b) A public hearing on the application for design review approval under this Article shall be
required. Notice of the public 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 site which is the subject of the application. Notice of the public hearing
shall also be published once in a newspaper having general circulation in the City not later
than ten days prior to the date of the hearing.
(9)
(Amended by Ord. 71.98 § 11, 1991; Ord. 71.113 § 10, 1992; Ord. 71-179 § 1, 1998; Ord. 221 §
2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006; Ord. No. 314, § 1, 3-5-2014) and by Ord. No.
, § , 06--2015)
2. Article 16-65 GROUND MOVEMENT REGULATIONS
Sections:
16-65.010 PurposesofAtticle
16-65.020 Adoption of Ground Movement Potential Maps
16.65.025 Definitions
16-65.030 Md Area prohibitions
16-65.040 Sls, Sun, Paf, Pmw, Ps, Pd, Pdf and Ms Area restrictions
16-65.050 Pf Area restriction
16-65.060 Categorically Permitted Projects
16-65.070 Criteria for Approval of Categorically Permitted Projects
16-65.080 Application for Categorically Permitted Projects
16-65.090 No Appeal
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16-65.010 - Purposes of Article.
In order to protect the public health, safety and welfare, it is essential to restrict 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.
(Amended by Ord. No. 307, § 1.D.28, 10-16-2013)
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 are is hereby
adopted and incorporated herein by reference, together with any amendments thereto:
(1) Ground Movement Potential Map—City of Saratoga, California, dated April 2013,
prepared by Cotton, Shires and Associates, Geotechnical Consultants.
Reference is further made to the designations of slope stability shown on said maps,
consisting of Sbr, Sls, Sun, Paf, Pmw, Ps, Pd, Pdf, Ms, Md, and Pf, which designations are
defined in Section 16-65.025 below and 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 geotechnical
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.
(Amended by Ord. No. 307, § 1.D.28, 10-16-2013 and by Ord. No. , § , 06-_-2015)
16-65.025 - Definitions.
The following definitions are established for the our oses of this Article:
"Alter tion : nd R
ir" F ur o
f hi Aril tnl 1 r: in r m. 1 _nr
occurs -when constru
ion does not exceed fif
WWI" building or structure being altered or repaired
"Categorically Permitte Project." A Cateeorically Permitted Pro'ect is a remodel and/or
addition to one le ' all existin ' str ctur on a le ' .11 existin arcel i as d on an
Engineered D•si_n and limited to a maximum remodel of fif percent (50%1 and an
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addition f 500 s. uare fee • r twen -five ercent 25% of the s. uare foota e e f the
existing building or structure, whichever is greater.
"En
in ered Desin." An En s ineere s Desi • n re' uires a thorou' h ' eotechnical
nv ti s ation and a s ro ri . e
it f i undation and struc ural measur
s to rovide an
improved foundation and safer development.
"Ground Movement." Earth movement including without limitation all types of
landsliding. Ground Movement expressly does not include house settlement unrelated to
landsliding or earth shaking from seismic activity that does not cause lateral earth
displacement.
"Md." Md means moving deep landslide (more than 10 feet deep).
"Ms." Ms means moving shallow landslide (10 feet deep or less).
"Paf." Paf means artificial fill which can settle.
"Pd." Pd means potentially deep landslide, deeper than 10 feet.
"Pdf." Pdf means debris flow, fast moving.
"Pf
Pf me . n p otenti .1 f t r rima ' r i and r ture and dis . lacement al n• f : ults.
"Pmw." Pmw means potential movement or mass wasting on steep slo es. b rockfalls and
slumping.
"Ps." Ps means potentially shallow, slope areas that could creep and/or fail by land sliding
up to 10 feet deep.
"Reconstruction." For purposes of this Article only, reconstruction means any work that
would expand he floor area b more than fif ercent (50% or modify the footprint b
ercent 50% of the ' uare f . i to a of the existin ' buildin
more
han fif
or structure
being reconstructed,
"Sbr." Sbr means stable bedrock within three feet of the surface.
"Sls." Sls means naturally stabilized ancient landslide debris.
un." un man table unconsolidated material on ' entle slo . es or low slo t e e
alluvial type soils).
ff." S . ff include
ut. i n i limit d to: i s Ge s 1 ist Ci G otechnical on ultant
it En ' ineer Ci Buildin
Ins s ector and Ci
Communi Develo
ment Director.
Page 4 of 10
"Unstable Ground." Unstable Ground as referred to in this Article is earth that has a
potential for Ground Movement and not identified on the Potential Ground Movement
Map adopted under Section 16-65.020 with an "S" for stable.
16-65.030 — Md Area prohibitions.
(a) No tentative or final subdivision approval shall be granted for any property which includes
land in an Md 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 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 area, except for repair,
reconstruction or modification of existing buildings or 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.
16-65.035 — Sun, Sls, Ps and Paf area requirements
No native or final s t i i i i i n a L i ro :1 :11 b ' r: nt ' nor hall . n it s in i t
grading permit be issued for the construction or installation of any new building or
structure, or addition to an • xis in' b it s 'n . 1 r r • n i r • 1 an n • w ' ildin . • r
structur • b ons r • s i r ins : lle s n it :11 of h u 11 u . in ' r s it m n h: s • • n f 11,
satisfied:
(a) Within S n .r as s 'eult 'i :ns soils i v s i' : 'sn r sr is r p _r• s n
with Section 14-20.020 of this Code which is subject to review and approval by the
Chief Building Official.
nc
(b) Within Sls, Ps and Paf areas . geol u uica1 or g•• of•• hni .1 in'77•Si'loin inteii.
r suir d , th ii's •o hni :1 Cans 1 .n i ur• .r s in : irs .n i h 14-
20.020 of this code which is subject to review and approval by the Ci 's Geotechnical
Consultant.
(c) Issuance of a building permit in accordance with Section 16-05.030.
16-65.040 — Sis, Sun, Pa , Pmw, P Pd, Pdf and Ms Area restrictions.
No tentative or final subdivision 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 Sls, Sun, Paf, Pmw, Ps, Pd, Pdf or Ms area unless and until all of the following
requirements have been fully satisfied:
Page 5 of 10
(a) A geologic and snits geotechnical 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's Geotechnical Consultant.
(b) The owner of the property executes and files with the City Clerk and the Community
Development Department a written statement representing to the City that he/she is
relying upon the written investigation, report and opinion of the owner's geologist and
geotechnical consultant regarding the safety of proposed development and that if the
requested subdivision or site approval or building, grading or other permit or permits 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
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 subjacent 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 all risks thereof.
(c) In addition to the foregoing requirements, for a Pmw, Pd, Pdf or Ms area, the geologic
and geotechnical report referred to in subsection (a) of this Section is finalized, and
contains the opinion of applicant's certified engineering geologist or geotechnical
consultant, stating that the proposed subdivision, building site or land development
and the proposed improvements to be constructed or installed thereon, as designed,
will be safe for the intended use against hazard from earth movement.
(d) In Pmw, Pd, and Pdf areas, after compliance with the foregoing requirements with
the exception of Section 16-65.040(c), a Categorically Permitted Project may be
approved, subject to compliance with Sections 16-65.060 and 16-65.070.
Amended by Ord. No. 307, § 1.D.28, 10-16-2013 and by Ord. No. , § , 06- -2015)
16-65.050 — Pf Area restrictions.
No tentative or final subdivision 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 Pf 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's Geotechnical Consultant, showing the location or suspected
location of faults;
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(b) A setback zone has been established along the identified or suspected fault location, as
approved by the City's Geotechnical Consultant, and a map or agreement has been
recorded designating such setback area as open space and prohibiting the construction of
any buildings or structures therein; and
(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(b) of this Article.
Amended b Ord. No. 307 1.D.28 10-16-2013 and by Ord. No. . 06- -2015)
16-65.060 — Cate ori all Permit ed Pro'e s in Pm
Pdf are
(a) General provisions for all Categorical) Permitted Proiects in Pmw. Pd and Pdf
ar :s C.te• tri 11 Permit s P e s in Pmw Pd anPef :re.s ma,
considered in deliberations on the associated applications for development and are
s e D si ' n R vi : r' r' .1 h P n in i mmision in , s. n i h
Section 15-45.060 of this code. A Categorically Permitted Project may be allowed
only for a remodel and/or addition to one leg llv existing structure on a legal)
xis i s1rc•l b din :n En'in r D .i�_: fins in _ iin ,5 125 :ni
limited to a maximum remodel of fifty percent (50%) and addition of 500 square feet
or twen -five ercent 25% i f the s . uar f i ota a of the existin ' buil s in or
str cture whi hey r is • r er h t e e r ion h h o .1 floor re. i f t
remodeled structure shall not exceed 6,000 square feet. A Cate' oricall Permitted
Pro' c m onl i : L irs s h n i i 1 :rl i min r
Geotechnical Consultant that such Categoricall Permitted Project will improve the
o er 11 s.fe of exi in' b ildin's :ns ill nunsu 'e� rsiz h m fe
Nothing, in this Section shall be interpreted as authorizing anvthin' in contradiction
to .n o h r i ,_ oli r r 'ulisn in 1 'ink i ho li i : iin h ii n r
Plan nd 11 iilsint :ni zinin' r 'ul: iin in L sin' j ni limi
h. 11
rea r
it
m
n
n
ri
n
f
r
fl
r
r
i
fl
or
11
if
a Categorically Permitted Project is an roved on a site.
This provision allows for maintenance rep . ir, or limited alteration (remodel) of
nd/ r limit : • • iti n lif in ' x in' it in r r r . h hr i r n
the building or structure has been damaged by • round movement. Total
reconstruction of a building or structure ma n • b • a s nr • v • d as a a • ' • ri all
Permitted Project. When n En' ineered De ign is approved for a buildin • or
structure, the buil • in • or structure can be permitted by Plannin' Commission to
achieve the floor area allowed under the General Plan and Chapter 15 of the Zoning
Regulations Each ro osed Cate' oricallv Permitted Pro'ect shall be evaluated on a
case-by-case basis and the P1 nnin' Commission shall further limit the buildin' or
Page 7 of 10
structure based on the "Criteria for Approval of Categorically Permitted Projects" in
Section 16-65.070 below and other applicable regulations. A Categorically Permitted
Project shall not be allowed that involves the conversion of a non -dwelling structure
to a dwelling unit, as dwelling unit is defined in Section 15-06.240(a) of the Zoning
Regulations.
(b) Review Based. Additionally on Criteria in Section 16-65.070 and Other Chapter 16
Requirements. Since an Engineered Design may require significant grading and
access by drilling equipment, excavation equipment and trucks, an Engineered Design
must impose requirements that carefully control implementation of the project.
Accordin.1 h .sli ati i n for . • ' i ri ally Permitted Pro_ec em e lo in • an
Engineered Design shall be reviewed based on the "Criteria for Approval of
Categorically Permitted Projects" in Section 16-65.070 below, with particular
attention to the minimization of impact on drainage, native terrain, vegetation and
neighboring properties. There shall be no significant adverse change in grading or
drainage and the grading and resulting drainage shall comply with City standards for
grading in Chapter 16.
(c) Limitations in Square Footage of Alteration (Remodel) and Addition Based on Size of
Existing Structure at Time of First Application for Categorically Permitted Project.
Once a Categorically Permitted Project is issued an approval for a building or
structure, subsequent modification(s) may not in total exceed any square footage
limitation for either alteration (remodel) or addition established by this Section. These
square footage limitations do not prevent changes in architectural details.
16-65.070— Additional Criteria for Approval of Categorically Permitted Projects,
(a) The Planning Commission shall evaluate each application for a Categorically
Permitted Project against the following criteria. The degree of compliance with the
listed criteria shall be commensurate with the scope of the work subject to the
building permit applied for as determined by the Planning Commission Findings
must be made with respect to each criterion listed below for each Categorically
Permitted Project.
(1)
Use standards of practice structural/geotechnical engineering methods taking into
account the underlying geology.
(2) Limitation and control of the final project and construction process, including
grading and the use of excavation equipment, drilling equipment and trucks, so as to
minimize impacts on the natural characteristics of the site.
(3) Control of drainage to minimize on-site and offsite adverse impacts,
(4) Demonstration that the improvements do not interfere with existing, or proposed,
septic tanks and/or drainfields and that the septic system complies with applicable
public health standards.
Page 8of10
(5) Stabilization of actively moving ground when deemed necessary and feasible.
(6) Im . rovem nt of the over • 11 : f of a buil s in or ruc re . nd si e over he s • fe • f
the building, or structure and site that existed rior to making im rovements.
Im ro m n s_ h. ll : ddress s ro , 1m r 1: i h t• i to ti •ilii of h i e
may address other fact • rs for ex. mnle. imnr • • m • n in fire safe
(7) Avoidance of imposing a risk to adjoining properties.
(8) Adequate demonstration that the building or structure is a legally existing building or
structure.
16-65.080 — A • lic • tion for C to • oric: ll P rmed Pr i 'ect
An a lic • tion f i r a Cate oric .11 Permi ted Pro' ct hall describe th ex • ct n : u of he
Categ t ricall Permitted Project on a form provided i v the City Community Develo ment
D• artment n s r i i' 1 n . n: :11 t h r infirm : ion r' it i• h mm ni
Development Director. The Cateporicall Permitted Proiect application shall exnressl
describe how and to what extent the project conforms to each of the items listed under the
"Cri eria for A 1 ro :1 of C ri :1 P rmi s Pr 91 E : h ' i r' :11.
Permitted Project application shall include a report by an eniineerin2 aeolo • ist on behalf
of the applicant unless the City's Geotechnical Consultant notifies Staff that such
information is not needed.
END OF AMENDMENTS
Section 2. California Environmental Quality Act
The proposed amendments and additions to the City Code are the subject of an Initial
Study and Negative Declaration (ND) in compliance with the California Environmental Quality
Act (CEQA), pursuant to the CEQA Guidelines (14 C.C.R. Section 15070(b)). The ND has been
adopted by a separate Resolution adopted prior to this Ordinance. This ND is based on an Initial
Study which identifies no potentially significant effects.
Section 3. 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.
Page 9 of 10
Following a duly notice public hearing the foregoing ordinance was introduced and read at
the regular meeting of the City Council of the City of Saratoga held on the 1st day of July 2015,
and was adopted by the following vote following a second reading on the 19th of August, 2015.
COUNCIL MEMBERS:
AYES: Mayor Howard A. Miller, Vice Mayor Manny Cappello, Council Member
Emily Lo, Mary -Lynne Bernald, Rishi Kumar
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Ovet) ify D
Cry 1 Bothelio, CITY CLERK
APPROVED AS TO FORM:
Richard Taylor, CITY ATTORNEY
Howard A. Miller
MAYOR, CITY OF SARATOGA, CALIFORNIA
DATE: '4)1/7 7 /ODts
DATE: 612 \ 1
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