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HomeMy WebLinkAboutOrdinance 336 - Story-polesORDINANCE 336 AN ORDINANCE AMENDING THE SARATOGA CITY CODE REGARDING STORY POLES REGULATIONS Findings 1. The City of Saratoga wishes to update the City Story Poles Regulations. 2. The updates in this ordinance affect provisions of the City's story poles regulations. These amendments were considered by the Planning Commission of the City of Saratoga and the Commission, after a duly noticed public hearing on October 28, 2015, recommended adoption of these updates to City Story Poles Regulations. 3. The City Council of the City of Saratoga held a duly noticed public hearing on November 18, 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 15-45.070 - Application requirements. (a) Each Applications for administrative 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 all of the following: (i) property lines, (ii) easements and their dimensions, (iii) underground utilities and their dimensions, (iv) structure setbacks, (v) building envelope, (vi) topography (i.e., existing and finished grade elevation data), (vii) species, trunk diameter at breast height (DBH as defined in Section 15- 50.020(g)), canopy driplines (as defined in Section 15-50.020(k)), and locations of all heritage trees (heritage trees as defined in Section 15-50.020(11A 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 for planning review and a setback certification and pad height certification letter during building permit review, each signed by a State licensed land surveyor or registered civil engineer qualified to do property line surveys. Such survey shall verify the location of all existing property lines, easements, structures and protected trees (protected trees as defined in Section 15-50.020(N)). The setback and height certification letter may be submitted after the initial application but in no event later than the foundation inspection. (3) A statement of all 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) Building Elevations of each the proposed structures showing all exterior materials, roof materials and window treatment. Such drawings shall include existing and proposed building height measurements referenced from existing and proposed finished grade. (5) Site sections for -all each 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 with existing and proposed finished grade elevation data, including cross sections. (7) Floor plans that indicate total floor area of each building or structure on the site, determined in accordance with Section 15-06.280 of this Chapter, plus a cumulative total of all floor area on the site. (8) Roof plans. (9) Landscape and irrigation plans for the site, showing the location and type of all landscaped areas, including: existing trees to remain on-site; new or replacement trees; live plant materials}; water features;, hardscape;, irrigation systems, and any additional information necessary to comply with the City's landscaping or water efficiency regulations. (10) Tree Preservation Plan, as required in Section 15-50.140 of this Chapter. (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 Cie Chapter, 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) Each, 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. (Amended by Ord. 221 § 2 (part), 2003; Ord. 226 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006) (Ord. No. 272, § 2(exh. A), 9-16-2009; Ord. No. 307, § 1.C.16, 10-16-2013; Ord. No. 320, § 1.F.22, 11-5-2014; Ord. No. 328, § 1(Att. A, § 18), 7-1-2015) 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 structure building or an addition to an existing structure building requiring design review approval. (a) Definition and requirement. Story poles are temporary frames made of wood, metal, or other materials approved by the Community Development Department which are used to delineateig the height, area, and approximate shape and massing and 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 days prior to advertising the public hearing for the project (or in the case of administrative design review at least three business days 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 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 approving body. For projects twcnty four fcct or taller in hcight or if requested by the Community Development Director or designated representative, a letter signcd by the 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. Once the Community Development Department has authorized an applicant to erect story poles, the applicant shall comply with all of the following requirements: (1) The story poles must be constructed of wood, metal, or other materials pre - approved by the Community Development Director (which materials must be suitable for construction of a temporary frame that will remain standing during the required public notice and application review period). (2) The story poles shall be erected so that on each building elevation of the proposed structure at least one story pole shall show graduated five-foot interval height measurement markings in either paint or tape. (3) The story poles shall be erected so that at least one building elevation of the proposed structure shows the proposed finished grade and finished floor elevation markings in either paint or tape. (4) The story poles shall be erected so that orange netting or other materials approved by the Community Development Director will be used to approximate the mass, shape and roofline (e.g., roof pitch/slope, ridge, and volume) of the proposed structure as illustrated in Diagram A. For complex roof forms, the Community Development Director may also require that ridge flags be installed to delineate a main roof ridge or high point. (5) Upon completion of the story pole installation, the applicant shall provide to the Community Development Department a professional -stamped and signed letter from a State licensed land surveyor or civil engineer verifying the accuracy of the story pole installation in terms of location, heights, and elevation data. (6) The applicant shall erect on the story pole elevation facing the main access to the building site or the main street frontage, a minimum 11 -inch by 17 -inch sign which contains the following information: a) Name of applicant/property owner b) Contact telephone number of applicant/property owner c) A brief description of the proposed project's scope of work d) Community Development Department main telephone number (7) Prior to any notices being distributed, the applicant shall submit photos satisfactory to the Community Development Department of the completed story pole installation including required signs. Diagram A Roof Ridgeline Flags Netting to be 2 -feet wide Mark poles at 5 -foot increments Finished Floor I. incrementsMark one pole on eaeh elevation Finished Grade Finished Floor Finished Grade (d) Duration. The story poles shall not be removed until a decision on the project has been made by the approving body and the deadline to appeal such decision has expired with no appeal hawing 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 decision 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 Development 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. (e) Exceptions. The Community Development Director may consider unique and/or special circumstances (e.g., dangerous site topography or hazardous weather conditions) where an alternate method, tool or technology [e.g. models r hotosimulations or e i uivalent methods ma be used in -lieu of sto ,_s oles to satis the requirements of Section 15-45.075. (Ord. No. 272, § 2(exh. A), 9-16-2009; Ord. No. 307, § 1.C.17, 10-16-2013) 2. Article 15-46 - DESIGN REVIEW: MULTI -FAMILY DWELLINGS AND COMMERCIAL STRUCTURES 15-46.030 - Application requirements. (a) Each aApplication for design review approval shall be filed with the Community Development Director on such form(x) as shall be prescribed. The application shall include the following exhibits: (1) A site plan showing all of the following: (i) property lines, ii easements, (iii) dimensions, (iv) topography (i.e., existing and finished grade elevation data), and (v) the proposed layout of all structures and improvements including, where appropriate, driveways, pedestrian walks, parking and loading areas, landscaped areas, fences and walls, and (vi) the species, trunk diameter breast height (DBH as defined in Section 15-50.020(g)), canopy driplines (as defined in Section 15- 50.020(k)), and locations of all heritage trees (heritage trees as defined in Section 15-50.020(n-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. The site plan shall indicate the locations of entrances and exits and the direction of traffic flow into and out of parking and loading areas, the location and dimension of each parking and loading space, and areas for turning and maneuvering vehicles. (2) Architectural drawings or sketches showing all building elevations of each the proposed structures as they will appear upon completion. Such drawings shall include existing and proposed structure height measurements referenced from existing and proposed finished grade. All exterior surfacing materials and their colors shall be specified, and the size, location, material, colors and illumination of all signs shall be indicated. (3) A landscape and irrigation plan for the site, showing the locations of existing trees proposed to be retained on the site, the location of any proposed replacement trees, types and quantities of landscape plants and materials and irrigation systems, appropriate use of native plants, and water conserving plants and materials and irrigation systems, and all other landscape features. (4) Cross sections for each all projects located on a hillside lot. (5) Engineered grading and drainage plans with existing and proposed finished grade elevation data, 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 (NPDES). (6) Floor plans showing total floor area, of each building or structure on the site, determined in accordance with Section 15-06.280 of this Chapter, plus a cumulative total of all floor area on the site. (7) Roof plans. (8) Such additional exhibits or information as may be required by the Community Development Director or the Planning Commission. 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 sets on sheets eleven inches by seventeen inches in size. (9) 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) Each The 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, together with a deposit toward the expense of noticing the public hearing as determined by the Community Development Director. (Amended by Ord. 226 § 2 (part 1), 2003; Ord. 229 § 2 (part), 2004; Ord. 245 § 2 (Att. A) (part), 2006) (Amended by Ord. No. 272, § 2(exh. A), 9-16-2009) 15-46.032 - Requirement for story poles. Story poles shall be required in the same manner as under City Cede Section 15-45.075 of this Chapter. (Ord. No. 272, § 2(exh. A), 9-16-2009) END OF AMENDMENTS Section 2. California Environmental Quality Act EXEMPTION FROM CEQA. The proposed amendments to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15305 - Minor Alteration to Land Use Limitations, 15308 - Actions by Regulatory Agencies for the Protection of the Environment, and 15061(b)(3) 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. 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. Following a duly noticed 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 18th day of November, 2015, and was adopted by the following vote following a second reading on the 2nd of December, 2015. COUNCIL MEMBERS: AYES: Mayor Miller, Vice Mayor Cappello, Council Members Lo, Bernald, Kumar NOES: None ABSENT: None ABSTAIN: None E. Manny appello MAYOR OF THE CITY OF SARATOGA APPROVED AS TO, ORM: ATTEST: Debbie Bretschneider ACTING CLERK OF THE CITY OF SARATOGA Catherine Engberg, A ' ' I G CITY ATTORNEY