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HomeMy WebLinkAboutOrdinance 293 Impervious Surface Definition 6-20-2012ORDINANCE NO. 293 AN ORDINANCE AMENDING THE SARATOGA CITY CODE ARTICLES 15-06,15-11,15-12,15-13,15-17 AND 15-20 CONCERNING IMPERVIOUS SURFACES ZOA 12-0002 THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declares as follows: a. The City of Saratoga wishes to amend the City Code to correlate the impervious surface defmition in the zoning code with the City's Water Efficiency Landscape Ordinance (Article 15-47 of the Saratoga City Code) and to provide consistency among site coverage exemptions for driveways and related emergency vehicle turnarounds within the Hillside Residential (HR), Residential Open Space (R -OS), and Agricultural (A) zoning districts. b. The amendments 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 and the Commission, after a duly noticed public hearing on March 28 2012 and as continued on May 9 2012, recommended adoption of the updates to Chapter 15. c. The City Council of the City of Saratoga held a duly noticed public hearing on June 6, 2012, and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance. Section 2. Adoption. The Saratoga City Code is hereby amended by adding the text shown in bold double underline (example) and deleting the text shown in strikeout (example) in the sections listed below. Text in standard font is adopted without change. Sections within an Article that are not included below are unchanged from the existing City Code. A. Article 15-06 - Definitions 15-06.370 - Impervious surface. "Impervious surface" means any structure or constructed surface that prevents the passage of water into the underlyinor i he i • inifi ,n 1 increases runoff and disrupts the natural -aesthetic of the landscape. Common impervious surfaces include but are not limited to concrete, asphalt, roofs, and brick or other stone materials set in sand or concrete. Porous materials may receive certain exceptions from site coverage as provided for in this chapter. including, but not limited to, solid surface decks and 1 concrete. B. Article 15-11 — A: Agricultural District 15-11.080 - Site coverage. The maximum site coverage on any lot in an A district shall be as shall not exceed twenty-five percent or fifteen thousand square feet, whichever is less. V(b) In determining the amount of impervious surface, tThe area of a single driveway providing vehicular access from the street to the required enclosed parking spaces on the site, and any related emergency vehicle turnaround areas determined to be necessary for safety purposes, shall may be excluded exempted, in whole or in part, from the calculation of site coverage, to the extent necessary, in order to meet one or more of the f i llo . indesi' n ob. ctives• • void lacin' tructures in • e i to' icall unstable areas i r on ma' or or minor rid t clines. reservin t tr • reducin an visual im s act • meetin u.lic afe i r emer ' enc vehicle acce chan;,es in sl i • , a determined and a I proved by the Planning Commission, sub'ect to the findings described in Section 15-45.080. re . uirement • or red cin ' i erall ro'ect radio or C. Article 15-12 - R-1: Single -Family Residential Districts 15-12.080 - Site coverage. The maximum site coverage, as defined in Section 15-06.620(1), in each R-1 district shall be as set forth in the following table. Solid surface decks and compacted surfaces made of porous materials used for walkways, driveways and satios will be counted at only 50% of the total area of such surfaces for determinin • the calculation of site coverage within this Section. District Coverage (percent) R-1-10,000 60 R-1-12,500 55 R-1-15,000 50 R-1-20,000 R-1-40,000 45 35 D. Article 15-12 — HR: Hillside Residential District 15-13.080 - Site coverage. The maximum site coverage on any lot in the HR district shall be not exceed twenty-five percent, or fifteen thousand square feet, whichever is less. Solid surface 2 decks and compacted surfaces made of porous materials used for walkways, driveways and patios will be counted at only 50% of the total area of such surfaces for determining the calculation of site coverage within this Section. The area of a single driveway providing vehicular access from the street to the required enclosed parking spaces on the site, and any related emergency vehicle turnaround areas may be exexempted, in whole or in part, from the calculation of site coverage, to the extent necessary, in order to meet one or more of the following design objectives: avoid placing structures in geologically unstable areas or major or on minor ridgelines; preserving trees; reducing any visual impacts; meeting public safety or emergency vehicle access requirements; or reducing overall project grading or changes in slope, as determined and approved by the Planning Commission, subject to the findings described in Section 15-45.080. E. Article 15-17 — R -M: Multi -Family Residential Districts 15-17.070 - Site coverage. The maximum net site area covered by structures in each R -M district shall be forty percent. Solid surface decks and compacted surfaces made of porous materials used for walkways, driveways and patios will be counted at only 50% of the total area of such surfaces for determining the calculation of site coverage within this Section. F. Article 15-20 — Residential Open Space District 15-20.080 - Site coverage. The maximum site impervious coverage on any lot in the R -OS district shall not exceed either twenty-five percent or twelve thousand square feet, whichever is less. Solid surface decks and compacted surfaces made of porous materials used for walkways, driveways and patios will be counted at only 50% of the total area of such surfaces for determining the calculation of site coverage within this Section. The area of a single Ddriveways providing vehicular access from the street to the required enclosed parking spaces on the site, and any related emergency vehicle turnaround areas may be excluded exempted, in whole or in part, from the calculation of site coverage, to the extent necessary, in order to meet one or more of the following design objectives: avoid placing structures in geolo icall unstable areas or on major or minor rid. clines• reservin s rees• reducing any visual impacts; meeting public safety or emergency vehicle access requirements; or reducing overall project grading or changes in slope, as determined and approved by the Planning Commission, subject to the findings described in Section 15-45.080 15 20.50(1), except for when a conditional use permit is granted by the Planning Commission for clustering development. 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, paragraph, sub -paragraph, sentence, clause and phrase of this ordinance. If any section, sub -section, paragraph, sub -paragraph, sentence, clause or phrase of this ordinance is held invalid, the City 3 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 4. California Environmental Quality Act Pursuant to the California Environmental Quality Act, the amendments are exempt under CEQA Guidelines Section 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, the activity is not subject to CEQA. In this circumstance the amendments and additions would have minimal impact on the environment. Section 5. Publication. This ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. [The Remainder of This Page is Intentionally Blank] 4 The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 6th day of June, 2012, and was adopted by the following vote following a second reading on the 20th of June, 2012: AYES: Council Member Manny Cappello, Emily Lo, Howard Miller, Vice Mayor Jill Hunter, Mayor Chuck Page NOES: None ABSENT: None ABSTAIN: None ATTEST: Chuck Page MAYOR, CITY OF SARATOGA, CAL 0-7/4 IV V On DATE: C°16'-7 Crystal Morrow City Clerk APPROVED AS TO FORM: Richard Taylor CITY ATTORNEY 5