HomeMy WebLinkAboutOrdinance 354 - Municipal Code UpdateORDINANCE NO. 354
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING
CITY CODE ARTICLES 2-12 (COMMISSION PROCEDURES); 2-15 (PLANNING
COMMISSION PROCEDURES); 4-50 (SOLICITATION); 6-30 (MARIJUANA); 7-20
(ANIMALS); 9-15 (PARKING ); 14-35 (SUBDIVISION IMPROVEMENTS); 15-12
(SINGLE FAMILY RESIDENTIAL DISTRICTS); 15-11, -18, -19, and -20 (SETBACKS),
15-45 (DESIGN REVIEW); 15-50 (TREES); 15-56 (ACCESSORY DWELLING UNITS);
15-80 (MARIJUANA LAND USES); AND 16-72 (CONSTRUCTION AND DEMOLITION
DEBRIS); AND RESCINDING AND ISSUING A WRITTEN REPORT FOR
ORDINANCE NUMBERS 343 AND 343A (TEMPORARY MORATORIUM ON THE
OUTDOOR CULTIVATION OF MARIJUANA).
The City Council of the City of Saratoga finds that:
1. The City Code of the City of Saratoga requires periodic updates to reflects changes in law,
provide clarification to the community, and provide for improved customer service and
administration of City business.
2. The City Council referred the amendments to Saratoga Municipal Code Chapters 14 and 15 in
this ordinance to the Planning Commission and the Planning Commission held a hearing on those
amendments on November 8, 2017. Following consideration of all testimony and written
materials, the Planning Commission approved Resolution No. 17-026 on November 8, 2017
recommending that the City Council adopt the amendments _to_Chapters_1.4_and -15-set-forth - -
herein.
3. The City Council of the City of Saratoga held a duly noticed public hearing on December 6,
2017, and after considering all testimony and written materials provided in connection with that
hearing introduced this ordinance and waived the reading thereof.
4. On November 8, 2016, California voters adopted the Control, Regulate and Tax Adult Use of
Marijuana Act ("AUMA", also known as Proposition 64). In anticipation of the passage of the
AUMA, the City Council adopted Ordinance No. 343 on November 2, 2016, which imposed a
45 -day temporary moratorium on the outdoor cultivation of marijuana pursuant to Government
Code section 65858(b). On December 7, 2016, the City Council adopted Ordinance No. 343A,
which extended the temporary moratorium to October 22, 2018.
5. Government Code section 65858(d) provides that prior to the expiration of Ordinance Nos. 343
and 343A, the City Council must issue a written report describing the measures being taken by
the City to alleviate the circumstances and conditions which led to the adoption of those
Ordinances ("Written Report"). As described in the Written Report, the circumstances and
conditions that led to the adoption of those ordinances have been alleviated by the adoption of
comprehensive regulations addressing the cultivation of marijuana in the City of Saratoga.
Therefore, the City Council of the City of Saratoga hereby ordains as follows:
Section 1. Adoption.
The Saratoga City Code is hereby amended as set forth in Exhibit A.
Section 2. Repeal of Urgency Interim Ordinance Nos. 343 and 343A
Ordinance No. 343, an Urgency Interim Ordinance Imposing a Temporary Moratorium on the
Outdoor Cultivation of Marijuana in the City of Saratoga for a Period of 45 Days Pending a Study of
Zoning Regulations that Are Needed to Alleviate a Current and Actual Threat to the Public Health,
Safety and Welfare, and Ordinance No. 343A, an Urgency Interim Ordinance Extending a Temporary
Moratorium on the Outdoor Cultivation of Marijuana In the City of Saratoga for a Period of 22
Months and 15 Days to October 22, 2018 Pending a Study of Zoning Regulations that Are Needed to
Alleviate a Current and Actual Threat to the Public Health, Safety and Welfare are hereby repealed.
Section 3. Final Written Report
The City Council issues the final written report attached as Attachment B to the staff report for this
Ordinance describing the measures and actions taken by the City to alleviate the circumstances and
conditions which led to the adoption of Ordinance Nos. 343 and 343A, as required by Government
Code section 65858(d).
Section 4. 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 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 5. 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 the 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.
Section 6. 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 6th day of December, 2017 and was adopted by the
following vote on December 20, 2017.
COUNCIL MEMBERS:
AYES: Mayor Mary -Lynne Bernald, Vice Mayor Manny Cappello, Council Members
Howard A. Miller, Emily Lo
NAYS:
ABSENT: Council Member Rishi Kumar
ABSTAIN:
SIGNED: ATTST. ,
r
&rutnektek 4,00)057,p, tiP
Mary-L'nne ernald
MAYOR OF THE CITY OF SARATOGA
Saratoga, California
APPROVED AS TO FORM:
Nora Pimentel, MMC
CITY CLERK
Saratoga, California
RICHARD TAYLOR, CITY ATTORNEY
Exhibit A - 2017 Saratoga Municipal Code Update
The sections of the Saratoga Municipal Code set forth below are amended or adopted as follows:
Text added to existing provisions is shown in bold double -underlined text (example) and
text to be deleted in shown in strikethrough (example). Text in italics is explanatory and
is not an amendment to the Code.
1. Commission Chairs
2-12.080 - Rules of procedure.
(a) The following Sections of this Chapter pertaining to meetings conducted by the City
Council shall be applicable to all meetings conducted by Commissions:
2-10.020(b)
2-10.030 through 2-10.080
2-10.110(c), (d), (f) and (g)
2-10.120 through 2-10.170
As so applied to a Commission, all references therein to City Council or Council member
shall be deemed to mean the Commission or Commissioner to which the Section is applied.
All-references-therehrto—the Mayor shall be deemed to mean the Chair of the Commission;
and all references therein to the City Clerk shall be deemed to mean the secretary of the
Commission.
The failure of passage of any motion before a Commission shall be deemed a denial of
the motion; provided, however, a motion failing by reason of an evenly split vote by the
Commission at a meeting where not all Commissioners are present shall be agendized and
voted upon at the next regular meeting of the Commission at which a quorum is present.
(c) Each Commission shall elect a Chair to serve a twelve month term. In the event of a
a : ,c in e h . it s i 'ti i n e om ission i al el • a hair o • ve the
remainder of the term. If fewer than 6 months remain in the term, the Commission
may, but is not required to, elect a new Chair to a term that includes the remainder
of the unexpired term and the next twelve month term as Chair. The combined term
may not exceed 18 months. No person shall serve as Chair of the same Commission more
than one term of six months of more during a single full term on the Commission. full
term in any four year period.
(d) In addition to the rules made applicable to Commissions as specified in paragraph (a) of
this Section, each Commission shall have authority to adopt such other rules and
procedures as it deems appropriate for the orderly and efficient conduct of its business
which are not inconsistent with the provisions of this Code.
(e) The City Manager or his or her designee shall be the secretary of each Commission unless
otherwise specified by the ordinance or resolution establishing the Commission.
2017 Annual Code Update - Page 1
(f) This Section 2-12.080 shall not apply to the Planning Commission which shall follow
the rules of procedure set forth in Section 2-15.050 of this Code.
2-15.050 - Rules of procedure.
(a) Application of other Sections. The following Sections of this Chapter pertaining to
meetings conducted by the City Council shall be applicable to all meetings conducted by
the Planning Commission:
2-10.020(b)
2-10.030 through 2-10.080
2-10.110(c), (d), (f) and (g)
2-10.120 through 2-10.170
As so applied to the Planning Commission, all references therein to City Council or Council
member shall be deemed to mean Planning Commission or Commissioner; all references
therein to the Mayor shall be deemed to mean the Chairman of the Planning Commission;
and all references therein to the City Clerk shall be deemed to mean the Secretary of the
Planning Commission.
(b) Rejected motions and evenly split votes. The failure of passage of any motion before
the Planning Commission shall be deemed a denial of the motion; provided, however, a
motion failing by reason of an evenly split vote by the Planning Commission at a meeting
where six or less Commissioners are present shall be agendized and voted upon at the next
regular meeting of the Planning Commission at which a quorum is present, unless, within
en ays a er e ate on which the split vote is taken, the applicant files an appeal to the
City Council, in which event, the split vote shall be deemed a final denial by the Planning
Commission of the motion. If no appeal to the City Council is filed and the motion fails for
any reason (including an evenly split vote) at the subsequent meeting, then the same shall
at that time be deemed a final denial by the Planning Commission of the motion.
(c) Adoption of rules and procedures. In addition to the rules made applicable to the
Planning Commission as specified in Paragraph (a) of this Section, the Commission shall
have authority to adopt such other rules and procedures as it deems appropriate for the
orderly and efficient conduct of its business which are not inconsistent with the provisions
of this Code.
(d) Secretary of Commission. The Community Development Director shall act as Secretary
of the Planning Commission.
(e) Chair. The Commission shall elect a Chair to serve a twelve month term. Jn the event of
a vacancy in the Chair position, the Commission shall elect a Chair to serve the
remainder of the term. If fewer than 6 months remain in the term, the Commission
may, but is not required to, elect a new Chair to a term that includes the remainder
of the unexpired term and the next twelve month term as Chair. The combined term
may not exceed 18 months. No person shall serve as Chair of the Planning Commission
more than one term of six months or more during any term on the Commission. full
2017 Annual Code Update - Page 2
2. Peddlers and Solicitors
4-50.020 - Permit and license required.
No peddler or solicitor (including a business providing peddler or solicitor services and
employees and independent contractors of any such business) shall engage in business in the
City without . • _ ... - - : a permit to do so pursuant to this Article. Awn Such
bus'ne 1 ro i ' '� �_1 • 1 dler 1 r soli i o ser 'd clu s in ' . elf -e 1 lo s s ' er or
solicitor persens shall also apply for and obtain a business license pursuant to Article 4-05 of
this Chapter, and pay the license fee specified in Section 4-05.100, unless exempted from the
payment of such fee under Sections 4-05.160 and 4-05.170.
4-50.080 - Peddling or soliciting at night.
No peddling or soliciting shall be conducted in the City before the hour of 8:00 A.M. of any day,
or after the hour of 8:00 P.M. of any day; provided, however, this restriction shall not apply to
any meeting between the peddler or solicitor and a customer arranged by appointment with the
customer. Thi ection 1 1 lie to 1 eddlers solici 1 _ bus'ne 1 1 idin
1 'citor servic's an 'm,lo
and in
end
n
trac
or
dlo
such
bu
ine
s.
4-50.085 - Peddling or soliciting on private property.
No peddler or solicitor may remain on private property unless invited to remain by an owner or
adult occupant or other person in control of the premises to be thereupon for such purpose or
after -any person offered -peddled wares -or -solicited -has -informed the peddler -or -solicitor -by
words or conduct that such person does not want to be offered such wares or solicited or does not
want to give money or any other thing of value to the peddler or solicitor. This section applies
OAli Lev_cril.JIJ 0 ltf I s1J 1J_IIJ,Iunwa!pig U1lNUJ lltl ltlJ r%I l ll tyl l l • • . 1
inde
enden
o tractors of an
such business.
4-50.090 - Compliance with "No Solicitors" signs.
No person shall peddle or solicit, or attempt to peddle or solicit, at or upon the premises of any
residential dwelling unit or business establishment where a "No Solicitors" or "No Trespassers"
or similar sign is posted upon the premises in such manner as to be observable by persons who
may wish to enter thereon. This Section applies to any form of peddling or soliciting for any
purpose whatsoever, including, but not limited to, solicitation on behalf of any charitable
organization or activity. This section applies to peddlers, solicitors, businesses providing
peddler or solicitor services, and employees and independent con ractors of any such
business.
4-50.100 - Distributing on private premises.
No person shall cast, throw, distribute, deposit, scatter, pass out, give away, circulate or deliver
any commercial or business handbill, circular or other advertising material or device to any
residence or business, or leave the same upon any yard, driveway, porch, doorstep or vestibule
thereof, or in any public hallway thereof, or upon any vacant lot or other private property in the
city, without first having obtained the express consent, or upon the express request, of an adult
resident or occupant thereof. This section applies to businesses providing distribution
services, and employees and independent contractors of any such business.
2017 Annual Code Update - Page 3
4-50.110 - Samples and merchandise on private premises.
No person shall cast, throw, distribute, deposit, scatter, pass out, give away, circulate or deliver
to any premises any commercial advertising sample or device or other merchandise of any kind,
except into the hands of an adult person who resides upon or occupies such premise. This
secti a ' . T • to busi esse s , i s i • s istri ser is • s i em . Io ees : n
independent contractors of any such business.
2017 Annual Code Update - Page 4
3. Marijuana Businesses and Outdoor Cultivation
Article 6-30 — Marijuana
6-30.010 — Purpose of Article.
This Article is intended to prohibit the establishment of commercial marijuana businesses and all
outdoor cultivation of marijuana within the City, and to further regulate the personal indoor
cultivation of marijuana authorized by state law, in order to protect the health and safety of the
City's residents. This Article is intended to conform to state law, including the Compassionate
Use Act, the Medical Marijuana Program Act, the Medical Marijuana Regulation and Safety Act,
arkl-the Control, Regulate and Tax Adult Use of Marijuana Act, and the Medicinal and Adult -
Use Cannabis Regulation and Safety Act. Consequently, this ordinance shall be interpreted to
conform to such laws to the maximum extent feasible. In interpreting the terms of this ordinance,
it is appropriate to look to the use and interpretation of those terms in applicable state law for
guidance.
6-30.020 — Definitions.
The following definitions apply throughout this Article.
(a) "Commercial marijuana activity" means the sale or exchange for valuable
eenipensatien-consideration of marijuana and marijuana products, or the provision of
marijuana or marijuana products by a nonprofit, and the cultivation, possession,
manufacture, distribution, processing, storing, laboratory testing, packaging, and labeling
of marijuana and marijuana products intended for sale or exchange for valuable
eempens-atien-consideration or provision by a nonprofit.
(b) "Cultivation" means any activity involving the planting, growing, harvesting, drying,
curing, grading, or trimming of marijuana.
(d) "Fully enclosed and secure structure" shall mean a fully -enclosed space within a
building that complies with Chapter 16 of the .. this Code, or if not
subject to that Chapter, that has a complete roof and a foundation, slab or equivalent base
to which the floor is secured and that is secure against unauthorized entry -and -accessible
only through one or more lockable doors. Walls, doors, windows, and roofs must be
constructed of solid and firm material such as wood, metal, or, in the case of windows,
glass. Plastic sheeting or similar products do not satisfy this requirement.
(e) "Marijuana" means all parts of the plant Cannabis sativa Lannaeus, Cannabis
indica, or Cannabis ruderalis-b, whether growing or not; the seeds thereof; the resin
whether crude or purified, extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It
does not include (i) industrial hemp or (ii) the mature stalks of the plant, fiber
o i uced from • stalks o i r ak • �_� ade from h • • ds o the s lant an of er
compound, manufacture, salt, derivative, mixture, or preparation of the mature
2017 Annual Code Update - Page 5
stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed
of the plant which is incapable of germination. the weight of any other ingredient
combined with marijuana to prepare topical or oral administrations, food, drink, or other
product. As defined, marijuana includes cannabis and both medical/medicinal and
nonmedical/adult-use marijuana/cannabis.
(f) "Marijuana products" means marijuana that has undergone a process whereby the
plant material has been transformed into a concentrate, including, but not limited to,
concentrated cannabis, or an edible or topical product containing marijuana or
concentrated cannabis marijuana and other ingredients.
(g) "Outdoor" shall mean any location within the City of Saratoga that is not within a
fully enclosed and secure structure.
(h) "Private residence" is defined as a house, an apartment unit, a mobile home, or other
similar dwelling.
6-30.030 — Commercial Marijuana Activity — Prohibited.
The establishment or operation of any commercial marijuana activity in the City of Saratoga is
prohibited.
6-30.040 — Cultivation of Marijuana for Personal Use.
(a) Outdoor cultivation. The outdoor cultivation of marijuana is prohibited regardless of
whether such cultivation is for personal use or commercial purposes.
(b) Indoor cultivation. The indoor cultivation of marijuana is prohibited except to the
extent that state law permits the indoor cultivation of up to six marijuana plants for
personal use. No more than six living marijuana plants may be planted, cultivated,
harvested, dried, or processed within a single private residence at any one time (including
within an accessory structure to a private residence that is fully enclosed and secure).
Persons engaging in indoor cultivation must comply with all state and local laws
regarding fire safety, water use, electrical wiring, buildings, and indoor cultivation and
personal use of marijuana including but not limited to Article 16 15 (Building Code)— ---
Article 16-18 (Residential Building Code), Article 16-20 (Fire Code), Article 16-25
(Plumbing Code), Article 16-35 (Electrical Code), Article 16-40 (Housing Code), Article
16-45 (Abatement of Dangerous Buildings Code), Article 16-51 (Energy Code), and
Article 16-60 (Early Warning Fire Alarm System) of - - .. . . • ' ' :. this Code
and restrictions imposed by the laws referenced in section Section 6-30.010.
6-30.050 — Enforcement.
(a) Violations of this Article are hereby declared to be public nuisances and determined to
be an immediate hazard to the public health, safety or welfare for purposes of Article 3-
20 (Emergency Nuisance Abatement Procedure) of the Saratoga Municipal this Code.
2017 Annual Code Update - Page 6
(b) In addition to other remedies provided by • - : , this, Code or by
other law, any violation of this Article may be remedied by a civil action brought by the
City Attorney, including, but not limited to, administrative or judicial nuisance abatement
proceedings, civil code enforcement proceedings, 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.
(c) Notwithstanding any other provision of • - : , this Code, including
Article 3-05 (Criminal Enforcement) and Article 15-95-030 (regarding misdemeanors
and infractions), a qualified patient, person with a valid identification card, or primary
caregiver, as those terms are defined in the Compassionate Use Act and the Medical
Marijuana Program Act, California Health and Safety Code sections 1111362.5 and
11362.7 et seq., shall not be subject to criminal liability under California Health and
Safety Code section 11570 or any criminal abatement actions or complaints for activities
decriminalized pursuant to the Compassionate Use Act and the MedicalMarijuana
Program Act. Any qualified patient, person with a valid identification card, or primary
caregiver engaged in commercial marijuana activities or marijuana cultivation in
violation of this Section shall be subject to all other compliance actions set forth in this
Section, code enforcement actions set forth in Chapter 3 of .. this
Code, and legal proceedings authorized in Section 15-95.020 of the Saratoga Municipal
this Code. Nothing in this Section shall prevent the criminal enforcement of other
violations of this ! : ' - .., . : • ..- . , Code; or state law.
2017 Annual Code Update - Page 7
4. Definition of Animal Establishment
Section 7-20.010 Definitions
Subsections (a) -(b) omitted — No changes.
(c) Animal establishment means any commercial premises or place within the City where
animals are kept; r boarded overnight, trained, sold or groomed, including a kennel, pet shop,
Subsections (d) -(r) omitted -- No changes.
2017 Annual Code Update - Page 8
5. Animal -related Hearings
7-20.120 - Hearings.
(a) Request for hearing regarding impounded animal. Any owner of an impounded animal
who wishes to challenge a determination that an impounded animal may not be redeemed or the
conditions imposed on redemption shall personally deliver or mail a written request for a hearing
to the City Clerk. Failure to file with the City Clerk a written request for a hearing within the
state -mandated holding period will forfeit all rights of ownership and control of the animal to the
City of Saratoga, notwithstanding any other appeal period set forth in this Code. Upon such
forfeiture, the Animal Control Officer shall determine the final disposition of the impounded
animal in accordance with the law.
(b) Request for hearing on other determinations pursuant to this Article. Any owner of an
animal that is the subject of an order or determination pursuant to this Article other than those
described in subsection (a), above, may appeal such order or determination by personally
delivering or mailing a written request for a hearing within the time period required by section
3-10.050 of the City Code such that it_is_received by the City Clerk within four business days
(c) 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.
(d) He • ri • Pe s ur • s. He . r ' sh .1 be h 1 s s accordance i h h i r i cedures s
forth in Section 3-10.050 of this Code except as otherwise set forth in this section. Notice of
and place of the hearing to thc owner or the
maximum extent reasonably feasible, the notice shall schedule the hearing to be held within ten
business days of the date the notice is mailed or delivered.
(e) Conduct of h aring. Hearings pursuant to this Article shall be heard by the Hearing Officer
supported by the weight of the evidence and shall be final. The owner shall be given written
and not subject to appeal to thc City Council.
(fe) Owner's failure to appear at hearing. Failure of the owner to appear at a hearing
initiated 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.
caring shall remain in effect.
2017 Annual Code Update - Page 9
(g, Rescindment of order or determination. If the Hearing Officer determines that the
order or determination at issue is not supported by the weight of the evidence, the order or
determination shall be rescinded and no similar order or determination may be made with respect
to that animal unless new facts arise following the hearing that provide reasonable grounds to
support the order or determination.
2017 Annual Code Update - Page 10
6. Standards for Animal Establishments
7-20.210 - Licensing of animal establishments.
(a) License required; fee. No person shall operate any animal establishment pet shop,
• ' " • ' _ .. _ :. . , . - . • - - within the City
without first obtaining a license from the City Manager. The annual license fee shall be such
amount as set by resolution of the City Council.
Subsections (b) -(m) omitted -- No changes.
2017 Annual Code Update - Page 11
7. Repealing Horse Licensing Requirements
7-20.220 - Horses.
(a) Purpose. This Section is adopted to establish licensing requirements for the keeping of
horses, and to regulate the keeping and maintenance of horses thereof, in order to protect and
promote the public health, safety, welfare, comfort and convenience, while permitting residents
to keep horses under appropriate conditions, and further to establish conditions and requirements
for the operation of commercial and community stables. This Section is also intended to provide
a basis for correction of existing unsafe and unhealthful conditions.
(b) Definitions. For the purposes of this Section and other provisions of this Code, the
following words and phrases shall have the meanings respectively ascribed to them in this
subsection, unless the context or the provision clearly requires otherwise:
(1) Boarding stable means any stable or corral where horses are lodged or fed for
remuneration.
(2) Commercial stable means any establishment providing services or facilities for the
keeping, training, breeding, or use of horses, other than for private use, including, but not
limited to, boarding stables and riding schools, but not including community stables.
(3) Community stable means a private stable or corral designed, owned and used
solely by residents and guests of a particular area, for the keeping, training, breeding, or
use of horses in private ownership, for homeowners, private clubs, or riding schools,
where riding lessons are not open to the public and no horses are offered to the public for
remuneration, hire or sale.
(4) Corral means an area enclosed by fencing for the keeping of horses or other
livestock.
(5) Horse includes any member of the horse family (Equidae) including, but not
limited to, ponies, donkeys and mules.
(6) Horse stable means any building or structure or portion thereof designed or used
for the housing or feeding of a horse or horses or other livestock.
(7) Keeping or maintenance, in relation to a horse or horses, means the harboring or
maintaining possession of any horse on a site together with the maintenance of such
animal by the feeding or otherwise supplying of necessities of life to the same. Any horse
physically present on a site for a continuous period in excess of seventy-two hours is
being kept within the -meaning -of- definition, by the owner-er-other occupancy of the
site.
(8) Keeping or maintenance for private use , in relation to a horse or horses, means
the keeping of horses owned by the owner of the site where such horses are kept, for the
private use by such owner and his guests as a use accessory to a residence on the same
site, and not for remuneration, hire or sale.
(9) Pasture means a plot of ground other than a corral with grass or other plant life
available for grazing horses.
(10) Riding school means any establishment providing or offering for remuneration,
equestrian instruction through private lesson, organized class, or group instructional
activities, or any establishment where horses are maintained or facilities provided
primarily for the purpose of providing equestrian instruction for remuneration.
2017 Annual Code Update - Page 12
(c) Interpretation of provisions. The provisions of this Section shall be held to be minimum
requirements except where it is expressly stated that maximum requirements shall prevail. The
provisions are not intended to impair or interfere with any private restrictions placed upon
property by covenant or deed or otherwise; provided, however, that where this Section imposes
greater restrictions upon such property, the provisions of this Section shall control.
(d) Compliance with regulations;
(1) It shall be unlawful for any person to keep or maintain any horse, or cause any
horse to be kept or maintained in the City except in conformity with the provisions of this
Section and the applicable zoning regulations of the City as set forth in Chapter 15 of this
Code.
(2) Horses may be maintained for private use and commercial or community stables
may be maintained only in such zoning districts and only with such minimum site areas
and minimum distances of stables and corrals from property lines and other structures as
permitted under the applicable zoning regulations set forth in Chapter 15 of this Code.
(3) No horse license shall be issued pursuant to this Section in violationofany
of no force or effect.
(e) General regulations. All horses in the City shall be kept and maintained in compliance
with the following regulations:
(1) Enclosures and control. All horses shall at all times be kept in a corral or enclosed
stable meeting the requirements of this Section other than when being ridden or exercised
under the direct control of some responsible person, except that the Planning Director
(2) Construction of corrals and stables. All corrals shall be enclosed by a substantial
fence, and corrals for the enclosure of stallions shall conform to all State laws governing
safety fencing, and all stables and corrals shall be erected and constructed in conformity
with the Building Code of the City. Where existing buildings and structures constructed
in compliance with regulations in force at the time of construction do not comply with
current regulations, and constitute a threat to health, safety or the general welfare,
specific -corrections -may -be-required by theCity Manager -within -90 -days -of -notice -of
the requirement.as a condition of issuance of a license.
(3) Fire protection. Buildings and structures for the keeping of horses shall conform
to the fire protection standards of the fire district in which the site is located.
(4) Maintenance; sanitary conditions. All stables and corrals shall at all times be
kept adequately clean of manure, and the City Manager shall have power to require fly
. All horses and premises on which
horses are kept shall be maintained in a clean and sanitary condition.
2017 Annual Code Update - Page 13
(f) Commercial and community stables. Each commercial or community stable shall
conform with the following provisions, whether or not such provisions are specifically set forth
in a use permit granted for such stable under Chapter 15 of this Code:
(1) The premises shall be under the full-time supervision of a competent attendant on
duty on the premises.
(2) Any commercial or community stable providing equestrian instruction shall give
such instruction only on the premises, unless special permission to do otherwise has been
granted in the use permit.
(3) No lighting other than needed for safe passing around buildings shall be permitted
unless specifically approved under the terms of the use permit.
any horse kept and maintained in a commercial or
Planning Commission.
as established from time to time by resolution of the City Council.
pplication for a horse license shall be made to the City
of one hundred feet from the site.
•
han one horse for each forty thousand square feet of
the zoning regulations of the City.
conditions or regulations which, in the opinion of the City Manager, are necessary to
any provision contained in this Section or any other provision of this Code. The City
2017 Annual Code Update - Page 14
(hg) Inspections. The City Manager and the County Health Officer shall have authority to
enter upon and inspect any premises where any horse is kept or maintained for the purpose of
enforcing the provisions of this Section.
2017 Annual Code Update - Page 15
8. Parking Regulations
Article 9-15
• 1..
hich has arisen the need for parking regulations.
(b) Upon description and declaration of any such section as a congested area, the City Council
streets or portions of streets.
cil shall amend this Article by ordinance or
9-15.050 - Areas where parking prohibited.
(a) Parking may be prohibited in any sections of congested areas when it is shown in a
s : ed-ar : u a o d' 94' atia a h 't ouncil in a r solu ' ij_,-that-such
parking would be detrimental to the best use of the street, or where such prohibition is
necessary in order to facilitate the proper movement of traffic or to prevent congestion.
(b) Whenever motor vehicles are prohibited from parking in certain sections, the top and face
of the curb of the section in which such parking is prohibited shall be painted red or have
signs indicating the prohibition against parking shall be erected at appropriate intervals in
such sections or both.
(c) Whenever an area in which parking is prohibited is designated, no person shall stop, stand
or park any motor vehicle in such designated area at any time, except as otherwise specified
in this Article.
The it En ' ineer shall i a e , thorit to desi ' ate an streets or
t
ions thereof as
restri t. on a
commodate
ecial e en s. The
r . c cont of de ices s a eci in ' he lo
i En • ineer shall a ost
n and d r. 'on of the
our a efore h • restriction takes eff
The desi ' nation
er t . kin
effect unl • s a oner termin . ted
e
City Engineer.
9-15.055 - Emergency destination designation of no parking areas.
The City Engineer shall have authority to designate any streets, or portions thereof, as no
parking zones and to post signs, markings or other traffic control devices giving appropriate
2017 Annual Code Update - Page 16
notice of the prohibition against parking in such zones whenever the City Engineer determines
that such designation is immediately required by reason of an existing hazard which impairs the
safe movement of vehicular or pedestrian traffic or access for emergency vehicles. The
designation shall automatically expire after sixty days unless sooner terminated by the City
Engineer upon removal of the hazard, or unless extended by a temporary or permanent regulation
adopted by the City Council pursuant to Section 9-15.040 050 of this Article.
9-15.060 - Parking time limit areas.
(a) Any or all of the following time limitations may by resolution of the City Council be
placed on motor vehicles parking in congested areas on City streets or City parking lots,
holidays excepted:
(1) Two hour parking.
(2) One hour parking.
(3) Thirty minute parking.
(4) Fifteen minute parking.
Unless otherwise specified, the limitations set forth above shall be effective only between
the hours of 9:00 A.M. and 6:00 P.M.
(b) Whenever a parking time limit for a parking area is designated, not less than two signs
shall be placed in each block so designated, which signs shall give notice of the time limit
and the effective hours.
(c) Whenever in an area a parking time limit is imposed, no person shall stop, stand or park
any motor vehicle in violation of the time limit in the designated area during the effective
hours thereof.
9-15.080 - Special parking zones.
Commercial loading zones, passenger loading zones, taxi zones, bus loading zones and other
special zones may be established to regulate parking where the City Council determines they
nece s . o f r er th bli he • It safet i . e_fare in any congested area.
9-15.090 - Commercial loading zones.
(a) Restriction. No person shall stop, stand or park any motor vehicle in a commercial loading
zone except for the purpose of loading or unloading passengers or freight, and in no event
for more than twenty minutes, holidays excepted.
(b) Signs and painted curbs. Whenever a commercial loading zone is established, the top and
face of the curb of the section so established shall be painted yellow, and one sign shall be
erected at each end of the zone giving notice of the nature and effective hours thereof.
Effective hours. Unless otherwise specified, the effective hours for commercial loading
zones shall be from 9:00 A.M. to 6:00 P.M.
(c)
2017 Annual Code Update - Page 17
(d) Designation of commercial loading zones. The following described portions of the public
streets in the City listed below are declared to be congested areas designated as commercial
loading zones and subject to the restrictions of this Section:
Saratoga/Los Gatos Road. The west side of Saratoga/Los Gatos Road from a point fifty-
six feet north of its intersection with Oak Street, southerly to a point thirty-nine feet north of
the intersection with Oak Street.
Big Basin Way. The northwesterly side of Big Basin Way from approximately one
hundred sixty-three feet southwesterly of the centerline of Fourth Street to approximately
two hundred twenty-one feet southwesterly of said centerline of Fourth Street.
Big Basin Way. The northwesterly side of Big Basin Way; Beginning approximately
three hundred fifty-three feet southwesterly of the intersection of the southwesterly curbline
of Fourth Street and the northwesterly curbline of Big Basin Way, for a distance of
approximately forty-four feet southwesterly.
Big Basin Way. The northwesterly side of Big Basin Way from a point measured
approximately sixty-three feet northeasterly from the centerline of Fourth Street to a point
measured approximately eighty-eight feet northeasterly of said centerline to Fourth Street.
Fourth Street. The northeasterly side from a point measured approximately one hundred
thirty-five feet northwesterly from the centerline of Big Basin Way to a point measured
approximately one hundred ninety feet northwesterly of such centerline of Big Basin Way.
9-15.100 - Passenger loading zones.
Restriction. No • - rs . n
.1 .IIS i. .i Ile S i - II . •. -11•- 5.1 It
zone except for the purpose of loading or unloading passengers, and in no event for more
than five minutes, holidays excepted.
(b) Signs and painted curbs. Whenever a passenger loading zone is established, the top and
face of the curb of the section so established shall be painted white, and one sign shall be
erected at each end of the zone giving notice of the nature and effective hours thereof.
(c) Effective hours. Unless otherwise specified, the effective hours for passenger loading
zones shall be from 9:00 A.M. to 6:00 P.M.; provided, however, that when a passenger
loading zone -is -established -in --front of -a- theater, —the -limitation -shall -apply -at all -times -except
when the theater is closed.
(d) Designation of passenger loading zones. The following described portions of the public
streets in the City listed below are declared to be congested areas designated as passenger
loading zones and subject to the restrictions of this Section.
Oak Street. Southeast side, from a point two hundred forty-four feet northeast of the
intersection of Komina Avenue to a point two hundred eighty-eight feet northeast of that
intersection.
Park Place. The northwest side from a point on the curbline 66 feet northeasterly along
such curbline from the intersection of the curbline with the curbline of Oak Place,
2017 Annual Code Update - Page 18
adjacent to power pole 14495 to a point one hundred thirteen feet northeasterly along
such curbline from such intersection.
Komina Avenue. Northeast side, from a point sixty feet southeast of the intersection of
Oak Street to a point two hundred thirty-six feet southeast of that intersection.
Glen Brae Drive. On the easterly side from approximately five hundred sixty feet
northerly of the centerline to approximately six hundred eighty-five feet of Via Real to
northerly of same.
De Sanka Avenue. On the easterly side from a point fifty feet southerly of Knollwood
Drive to a point one hundred sixty feet southerly of said Knollwood Drive; and from a
point two hundred feet southerly of Knollwood Drive to a point three hundred fifty-six
feet southerly of said Knollwood Drive.
(e) Additional designation. The following described portion of Big Basin Way is declared to
be a congested area designated as a passenger loading zone and subject to the restrictions of
this Section during the effective hours of 6:00 P.M. to midnight:
On the northwesterly side from approximately seventy-five feet southwesterly of the
centerline of Fourth Street to approximately one hundred nineteen feet southwesterly of
said centerline of Fourth Street.
9-15.110 - Taxi zones.
(a) Restriction. Only commercial taxis may stand or park in any taxi zone at any time.
(b) Signs and painted curbs. Whenever a taxi zone is established, the top and face of the curb
of the -section -so -established -shall -be -painted -white; -and -one -sign -shall -be erected in such
zone giving notice of the nature and effective hours thereof.
(c) Designation of taxi zones. The following described portions of the public streets in the
City listed below are : - . .. _- •.. . designated as taxi zones and subject to
the restrictions of this Section:
Park Plaza Place. East side of Park Plaza Place, from northerly crosswalk to a point
twenty-two feet northeasterly therefrom.
SaratogaiLos-Gatos-Road_T-he-northeast side-of-Saratoga/Los-G- atos-Road-from-a-point of
the beginning of the curve at the northeast corner of the intersection of Saratoga/Los
Gatos Road with Saratoga Circle to a point twenty-four feet northwesterly from the
beginning of the curve.
9-15.120 - Bus loading zones.
(a) Restriction. Only commercial or school buses may stand or park in any bus loading zone
at any time.
(b) Signs and painted curbs. Whenever a bus loading zone is established, the top and face of
the curb of the section so established shall be painted red, the words "bus stop" shall painted
in yellow thereon, and appropriate signs may be erected to indicate the nature thereof.
2017 Annual Code Update - Page 19
(c)
Designation of bus loading zones. The following described portions of the public streets
in the City listed below are declared to be congested areas designated as bus loading zones
and subject to the restrictions of this Section:
Saratoga/Sunnyvale Road. On the westerly side from approximately seventy-two feet
northerly of Saratoga/Los Gatos Road to approximately one hundred fifty-one feet
northerly of same.
Saratoga/Los Gatos Road. On the southwesterly side from approximately fifty-four feet
from the northeasterly prolongation of the northwesterly curbline of Oak Street to a point
approximately eighty-one feet northwesterly thereof.
De Sanka Avenue. On the easterly side starting from a point approximately five hundred
fifty-five feet northerly of the centerline of Seagull Way to a point approximately five
hundred ninety-five feet northerly of the centerline of Seagull Way.
9-15.150 - Angle parking.
(a) Where permitted. Angle parking may be permitted in any area where so designated
pursuant to this Section.
(b) Markings and signs. Whenever a street or portion thereof is designated for angle parking,
the street shall be marked to indicate the angle at which motor vehicles shall be parked and
signs may be erected indicating that angle parking is permitted on the street or portion
thereof.
(c) Restriction. Whenever a street or portion thereof has been designated and marked for
angle parking, no person shall stop, stand or park any motor vehicle other than in the areas
a i i • Y - O. Q.. Y . Y i. Y
(d) Designation. That portion of Third Street on the northeast and northwest sides from the
northwesterly curbline of Big Basin Way to a point approximately one hundred fifty feet
northwesterly thereof, is designated as an area where angle parking at ninety degrees is
permitted. Such area is also declared to be a congested arca and shall be subject to a parking
time limit of two hours.
2017 Annual Code Update - Page 20
9. Power to grant exceptions to subdivision design and improvement requirements
14-35.010 Power to grant exceptions.
(a) The advisory agency shall have power to grant exceptions to any of the design
requirements set forth in Article 14-25 of this Chapter; provided, however, that a variance must
be granted pursuant to Article 15-70 of the Zoning Ordinance for any exception from the
requirement contained in Subsection 14-25.040(a) 14 25.010(a) concerning minimum standards
for lot area, frontage, width and depth.
[No changes to subsections (b) and (c).]
2017 Annual Code Update - Page 21
10. Location of building sites
15-12.061 Location of building sites.
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 upon a slope which exceeds forty percent natural slope at any
location under the structure between two five-foot contour lines, except that:
(a) 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
(b) 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.
2017 Annual Code Update - Page 22
11. Setbacks for Nonconforming Sites
a. Article 15-11 (Agricultural Districts).
15-11.090 - Front, side, and rear setback areas.
For an n,n •nfarminit in h• A si tri
the A ' i ri th i minim me k . r it • m • nt in he A s i tri t . r • f 11
(1 a) The minimum front setback area shall be thirty feet from the front lot line or twenty
percent of the lot depth, whichever is greater.
(2 b) The minimum side setback area shall be twenty feet from the applicable side lot line
or ten percent of the lot width, whichever is greater.
(3 e) The minimum rear setback area shall be fifty feet from the rear lot line in the case of a
single -story structure, and sixty feet from the rear lot line in the case of a multi -story structure,
or twenty-five percent of the lot depth, whichever is greater.
b. Article 15-13 (Hillside Residential Districts).
15-13.090 Front, side, and rear setback areas.
Fir an nen inf,rmin• it in h• HR .i ri t a s •fin in thi h, s •r th•
n i i i n t -65 40b 1 h si
(i2 a) The minimum setback area requirements for all conforming 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 twenty-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 multi -story structure.
(. b)Far-conforming vacant lots and lots created after May 15-F992 within the HR zoning
district, 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.
(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.
2017 Annual Code Update - Page 23
(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.
[Subsections (c) and (d) redesignated as (d) and (e) respectively. J
c. Article 15-18 (Professional and Administrative Office District)
15-18.080 - Front, side, and rear setback areas.
al For anv nonconforming site in the P -A district, as defined in this Chapter the
i. • in _ • ti n 15- 141 , , s 1 t . he i e For an of i rmin it • in
r• i it m
th
P -A
istri
th
minimum
t k are
r• it m•nt in th • P- zni • di tric
are a
follows:
(1 a) Front setback area. The minimum front setback area of any lot in a P -A district shall
be twenty-five feet from the front lot line.
(2 b) Side setback area. The minimum side setback area of any lot in a P -A district shall be
ten percent of the average width of the site; provided, that a side setback area of more than
twenty-five feet from the applicable side lot line shall not be required and a side setback area of
less than ten feet from the applicable side setback area shall not be permitted, subject to the
following exceptions:
(II-) The exterior side setback area of a corner lot shall be not less than fifteen feet from
the exterior side lot line.
(112) One foot shall be added to an interior side setback area for each two feet of height
or fraction thereof by which a portion of a structure within thirty feet of the side lot line for
such setback area exceeds fourteen feet in height; provided, that an interior side setback area
of more than thirty feet from the interior side lot line shall not be required.
(3 e) Rear setback area. The minimum rear setback area of any lot in a P -A district shall be
twenty-five feet from the rear lot line, subject to the following exceptions:
(14-) One foot shall be added to the minimum rear setback area for each two feet of height
by which a structure exceeds fourteen feet in height.
(ii2) Where a rear setback area is abutting property within an A, R-1, HR, or R -M district,
the minimum rear setback area shall be thirty-five feet from the rear lot line.
d. Section 15-19.030 (Commercial Neighborhood).
15-19.030 - C -N district regulations.
[No changes in subsections (a) through (e)]
2017 Annual Code Update - Page 24
Fr nt. id
ns r•.r•tia k re
Fir
n nin
of , rmin ' it • in h
di ri t
a d
fine
in hi
ha
er h• r
it•ments sri i
in
tiin 1 -6
04
as s1
th
it
Fir .n
nformin
sit
in th
-N
i tri
h • minim m
b•ckar
it • m • nts in
the C -N district, are as follows:
(1 f) Front setback area. The minimum front setback area of any lot in a C -N district shall
be ten feet; except that on a site abutting and fronting on the same street as, or directly across
the street from, an A, R-1, HR, R -M or P -A district, the minimum front setback area shall be
fifteen feet.
(2 g) Side and rear setback areas. No side or rear setback areas shall be required for any
lot in a C -N district, subject to the following exceptions:
01) On a reversed corner lot abutting a lot in an A, R-1, or HR district, the minimum
exterior side setback area shall be not less than one-half of the required front setback area of
the abutting lot.
(ii2) Except as otherwise provided in subsection (g)(1) of this Section, on a lot abutting
an A, R-1, or HR district, the minimum side setback area or rear setback area abutting such
other district shall be thirty feet.
(iiia) On a lot directly across a street or alley from an A, R-1, or HR district, the minimum
side setback area or rear setback area abutting to such street or alley shall be ten feet.
Where a side or rear setback area is required under any of the foregoing provisions, one
foot shall be added to the required setback area for each one foot of height or fraction thereof
by which a structure within thirty feet of the lot line for such setback area exceeds fourteen
feet in height.
[Subsections (h) -(k) are renumbered as (g) through 0) respectively.]
e. Section 15-19.035 (Commercial Neighborhood Residential High Density).
�5
19.035 C-N(RHD) district regulations.
[No changes to subsections (a) through (e).]
Front i
ni r sets. k .r
F
n non of
i rict . dine . in this h : ! t • r h • r • s uir • m • n ' r
to the site. For any conforming site in the C-N(RHD) district, the minimum setback area
requirements in the C-N(RHD) district, are as follows:
(1 f) Front setback area. The minimum front setback area of any lot in a C-N(RHD) district
shall be ten feet; except that on a site abutting and fronting on the same street as, or directly
2017 Annual Code Update - Page 25
across the street from, an A, R-1, HR, R -M or P -A district, the minimum front setback area shall
be fifteen feet.
(2 g) Side and rear setback areas. No side or rear setback areas shall be required for any
lot in a C-N(RHD) district, subject to the following exceptions:
(i 1-) On a reversed comer lot abutting a lot in an A, R-1, or HR district, the minimum
exterior side setback area shall be not less than one-half of the required front setback area of
the abutting lot.
(ii 2) Except as otherwise provided in subsection (g)(1) of this Section, on a lot abutting
an A, R-1, or HR district, the minimum side setback area or rear setback area abutting such
other district shall be thirty feet.
(iii 3) On a lot directly across a street or alley from an A, R-1, or HR district, the minimum
side setback area or rear setback area abutting such street or alley shall be ten feet.
Where a side or rear setback area is required under any of the foregoing provisions, one
foot shall be added to the required setback area for each one foot of height or fraction thereof
by which a structure within thirty feet of the lot line for such setback area exceeds fourteen
feet in height.
[Subsections (h) -(m) are renumbered as (g) through (l) respectively.]
f Section 15-19.040 (Commercial -Village)
15-19.040 - C -V district regulations.
[No changes to subsections (a) through (e).]
Fran i.e •n* r•ar
k r
Fran nen infi_min
in h
i ri t as
fin
in thi
ha
t th
r•a ir•m•nts sr
d in
e tion l -' 141 i a, it ti the it
For any conforming site in the C -V district, the minimum setback area requirements in the
C -V district, are as follows:
(1 f) Front setback area. The minimum front -setback -area -of-any-lot-in-a C-V-distr-iet shall
be ten feet; except that on a site abutting and fronting on the same street as, or directly across
the street from, an A, R-1, HR, R -M or P -A district, the minimum front setback area shall be
fifteen feet.
(2 g) Side and rear setback areas. The minimum side setback area of any lot in a C -V
district shall be ten feet and the minimum rear setback area of any lot in a C -V district shall be
thirty feet, subject to the following exceptions:
(14-) One foot shall be added to the minimum side setback area for each one foot of height
or fraction thereof by which a portion of a structure within thirty feet of the side lot line for
such setback area exceeds fourteen feet in height.
2017 Annual Code Update - Page 26
(ii 2) One foot shall be added to the minimum rear setback area for each one foot of height
or fraction thereof by which a portion of a structure within sixty feet of the rear lot line for
such setback area exceeds fourteen feet in height.
(1i 3-) On a corner lot, the minimum exterior side setback area shall be twenty feet.
[Subsections (h) -(j) are renumbered as (g) through (1) respectively.]
g. Section 15-19.050 (Commercial -Historic)
15-19.050 - C -H district regulations.
[No changes to subsections (a) through (e).]
(f) Front, side, and rear setback areas. For any nonconforming site in the C -H district, as
•fine s in thi halter h re!uir•m•n . srn 1 -, 041 ± : L L1 ti he it•
For any conforming site in the C -H district, the minimum setback area requirements in the
C -H district, are as follows:
(1 f) Front setback area. No front setback area shall be required in the CH -1 district. The
minimum front setback area of any lot in the CH -2 district shall be fifteen feet.
(2 g) Side setback area. No side setback area shall be required in either the CH -1 or CH -2
district.
(3 h) Rear setback area. No rear setback area shall be required in the CH -1 district. No
rear setback area shall be required for any lot in the CH -2 district having a rear lot line that
abuts a public right-of-way, public parking district, Saratoga Creek, or the CH -1 district.
Where the rear lot line of any lot in the CH -2 district abuts an A, R-1, HR, or R -M district, the
minimum rear setback area shall be thirty feet, plus one foot for each two feet of height or
fraction thereof by which a portion of a structure within sixty feet of the rear lot line for such
setback area exceeds fourteen feet in height.
[Subsections (i) -(l) -are renumbered -as (g) through (t) respectively.]
h. Article 15-20 (Residential Open Space)
15-20.090 - Front, side, and rear setback areas.
(a) For any nonconforming site in the R -OS district, as defined in this Chapter, the
r• i ir•m•nt trs is • s in _ • iin 1 • 141 . s ,1 tth• i
Fir .n n irmins sit in
th
tri t
th
inim m
k .r
it • men in th
R -
i rict r
follows:
2017 Annual Code Update - Page 27
(1 a) Except as otherwise provided in subsection (b) of this Section, the minimum front,
side, and rear setback areas of any lot in the R-OS district shall be as follows:
Front
Interior
Exterior
Rear
Setback
Area
Side Setback
Area
Side Setback
Area
Setback
Area
Single Story
50 ft.
40 ft.
50 ft.
100 ft.
Two Story
70 ft.
60 ft.
70 ft.
120 ft.
[No change to subsections (b) and (c).]
2017 Annual Code Update - Page 28
12. Planning Commission Design Review
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:
[No changes to subsections (1) through (6).]
(7) Any project that, in the opinion of the Community Development Director, may be
significantly inconsistent with the design review findings required in Section 15-45.080 1-5-
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.
[No changes to subsections (8) and (9).]
2017 Annual Code Update - Page 29
13. Identification of Trees Proposed for Removal
15-45.075 Requirements for story poles and marking trees proposed for removal.
Story poles are required to be installed as set forth below for all projects subject to design
review approval in order to depict the elevations and silhouettes of a proposed new structure or
an addition to an existing structure requiring design review approval. Trees proposed for removal
in o 'unc i a i . ith : s ro r ' • : 1 s e clearl m: r , • s the fi • ld set forth below.
(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 delineate
the height, area, and approximate shape and massing of a proposed structure. Story poles must be
•
(b) Timing. The applicant shall install the story poles and mark trees proposed for removal
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 and trees are marked
to the satisfaction of the Community Development Director and photographs of the installed and
approved story poles and marked trees are filed with the Community Development Department.
(c) Requirements. Once the Community Development Department has authorized an applicant
to erect story poles and mark trees proposed for removal, 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.
2017 Annual Code Update - Page 30
(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 eleven -inch by seventeen -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 Depaitment 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.
(8) Tree removals. Any tree proposed for removal as part of the proposed pro_ect shall
be clearly marked in the field. Acceptable means of identifying trees include using
fluorescent tape wrapped around the tree's trunk, removable marking on the tree trunk that
is easily visible, or another means approved by the Community Development Director.
[No changes to subsections (d) and (e).]
2017 Annual Code Update - Page 31
14. Heritage Tree Definition Reference
15-50.050 - Removal of certain trees without permit.
Except as otherwise provided in Section 15-50.060, it is unlawful for any person to remove,
damage, prune, or encroach upon, or cause to be removed, damaged, pruned, or encroached upon
any protected tree, located on any private or public property in the City without first having
obtained a tree removal, pruning or encroachment permit issued pursuant to this Article and
authorizing the proposed action. A protected tree shall consist of any of the following:
(a) Any native tree having a DBH of six inches or greater
(b) Any other tree having a DBH of ten inches or greater.
(c) Any street tree, as defined in Section 15-50.020(v), regardless of size.
(d) Any heritage tree, as defined in subsection 15-50.020(n) (1) regardless of size.
(e) Any tree required to be planted or retained as a condition of any approval granted under
this Chapter or Chapter 14 of this Code.
(f) Any tree required to be planted as a replacement, as provided in Section 15-50.170 of this
Article.
2017 Annual Code Update - Page 32
15. Marking Trees to be Removed for Design Review, Subdivisions, or Building Permit Review
15-50.090 Development or improvement projects.
(a) Subdivision approval. When any application is made pursuant to Chapter 14 and that
proposal would involve removal of, pruning of, or encroachment upon a protected tree, the City
shall take into consideration the provisions of this Article in granting or denying the application.
(b) Project approval. Removal of, pruning of, or encroachment upon any protected trees
pursuant to project approval granted under this Chapter or Chapters 14 or 16 of this Code shall
meet the requirements of Section 15-50.140 and be evaluated according to the criteria in Section
15-50.080. For s ro'e s r s ui • si ' n re i . � o al tre • s to , r moved shall a e
marked in the field as specified in Section 15-45.075.
(c) Modifications to approved projects. In the event of any change or modification to an
approved site development plan which results in removal of or an increase in pruning of or
encroachment upon any protected tree, the provisions of this Article shall apply.
2017 Annual Code Update - Page 33
16. Minimum Floor Area and Permitting Requirements of Accessory Dwelling Units
15-56.030 - Development standards.
Except as otherwise provided in Section 15-56.050, each accessory dwelling unit shall
comply with all of the following development standards:
(a) Newly constructed accessory dwelling unit. Except as otherwise provided in this
Article, each newly constructed accessory dwelling unit is required to satisfy the following
criteria:
(1) Lot size. The net site area of the lot upon which the accessory dwelling unit is located
shall not be less than ninety percent of the minimum standard prescribed for the district
applicable to such lot. Minimum standards for lots located in the HR residential district are
determined per Section 15-13.060(a) of the City Code.
(2) Building codes. The accessory dwelling unit shall comply with applicable building,
health and fire codes.
(3) Zoning regulations. Unless otherwise provided in this Article, the accessory dwelling
unit shall comply with applicable zoning regulations (including, but not limited to, required
setbacks, floor area limits, site coverage, and height limits). A one-time ten percent increase in
site coverage and allowable floor area may be granted by the Community Development Director
if the new accessory dwelling unit is deed restricted so that it may only be rented to below market
rate households.
(4) Sale prohibited. The unit shall not be intended for sale, or sold, separately from the main
dwelling.
(5) Location and configuration. The accessory dwelling unit must be either (i) attached to
the existing main dwelling (including being located within the living area of the existing main
dwelling) or (ii) detached from the existing main dwelling and located on the same lot as the
existing main dwelling.
(6) Floor area.
a b. The maximum floor area limit for an accessory dwelling unit shall be as follows:
1. An attached accessory dwelling unit shall not exceed fifty percent of the existing living
area, with a maximum size of one thousand two hundred square feet, not including the garage.
2. A detached accessory dwelling unit shall not exceed one thousand two hundred square
feet of living space, not including the garage.
h e. If an accessory dwelling unit has a basement or an attic, that area is included as part of
the total maximum floor area allowed.
4. Floor area limit. Both the accessory dwelling unit and the main dwelling unit shall count
toward the total floor area limit set by applicable zoning regulations.
2017 Annual Code Update - Page 34
[No changes to subsections (7) through (16).]
(b) Permitting.
(1) Construction of additional floor area. Within one hundred twenty days of receipt of a
complete application, the Community Development Depaitinent shall ministerially process for
approval any application for a building permit for a newly created accessory dwelling unit that
meets all the criteria in subsection (a) of this Section.
(2) Conversion of existing floor area. The following provisions shall apply to a complete
application for a building permit to convert existing floor area of a single-family dwelling or
accessory structure to an accessory dwelling unit:
a. The Community Development Department shall ministerially approve within one
hundred twenty days any complete application for an accessory dwelling unit building
permit.
b. The accessory dwelling unit must:
1. Be located within a single-family residential zone;
2. Be contained within the existing space of a single-family dwelling or accessory
structure;
3. Have independent exterior access from the existing main dwelling;
4. Have side and rear setbacks sufficient for fire safety as determined by the fire
agency having jurisdiction; and
5. Comply with all building codes and health and safety regulations.
c. Parking.
1. When a garage, carport, or covered parking structure is demolished in conjunction
with the construction of an accessory dwelling unit, any lost off-street parking spaces
required for the main dwelling must be replaced with off-street covered parking.
2. No additional parking will be required for the accessory dwelling unit in instances
where the accessory dwelling unit is part of the existing main dwelling or an existing
residential accessory structure intended for human habitation.
d. Fire sprinklers. The accessory dwelling unit may be required to provide fire sprinklers
only if they are required for the main dwelling.
2017 Annual Code Update - Page 35
e. Converted garage setbacks. No setback shall be required for an existing garage that is
converted to an accessory dwelling unit.
f. Junior accessory dwelling unit. One junior accessory dwelling unit may be permitted
that complies with all
applicable building, health, fire, and zoning codes, provided that the single-family
residential lot does not already contain an accessory dwelling unit or junior accessory
dwelling unit. e ' �ior : cces o d . ellin t _ nit h , be sub' i the oll
:
Th • recordation o a deed r • r'cti , n hich sh : ru . i h the lan ' d include.
i. A • rohi s ition s the sale of the 'unior acce d ellin ' unit se ' • ra e fro
o the s
le-famil
residence
inc udin
st . tem • n that the
the sale
ee ' res ric ion ma b
enforced against future purchasers.
ii. A restriction on the size and attributes of the junior accessory dwelling unit that
conforms with this section.
2. Be constructed within the existing walls of the structure and require the inclusion of
an existing bedroom.
Includ • se ' . rate in s e s en s ent o 'de • ntr : nce . i h , terior • n r to em : in
living area. A second interior doorway may be used for sound attenuation.
he s rovision e f an - _ cie hen whi h shall in 1 de all of the follo in
i. A sink with a maximum waste line of 1.5 inches.
ii. A ookin • f . cili i h a s . 1' . nces that do not re s uire electrical service reater than
120 volts, or natural or pro ane gas
iii. A food preparation counter and storage cabinets that are of reasonable size in relation
to the size of the accessory dwelling unit.
2017 Annual Code Update - Page 36
17. Marijuana Land Uses
15-80.140 - . ".. .. - . Prohibition of Commercial Marijuana
Land Uses and Regulation of Personal Marijuana Cultivation in all districts.
(a) Definitions. For purposes of this Section, "Commercial marijuana land use" means any
place, location, building, structure, or establishment where commercial marijuana activity,
as defined in Section 6-30.020(a), occurs. The definition of terms in Section 6-30.020 apply
to the same terms used in this Section. "Medical Marijuana Dispensary" means any facility,
marijuana to or cultivates marijuana for mere than two qualified patients, persons with
identification cards, or primary caregivers. The terms "primary caregivers," "persons with
identification cards," "qualified patients," and "collective or cooperative group" are defined in
defined in this Code.
calth and Safety Code section 11362.7(d)(1). A Medical
(b) Prohibition of use. A Medical Marijuana Dispensary Commercial marijuana land uses, the
oatdoor-eultivatron-of-ma-r nana, and the :_-'$or-cultivation-of marl juana-{exceptindoor
• tion f r rsonal s s rovi e 'n e tion -30.040 b shall not be permitted in any
zoning district.
(c) Enforcement.
(1) Violations of this Section are hereby declared to be public nuisances and determined to be an
immediate hazard to the public health, safety or welfare for purposes of Article 3-20 (Emergency
Nuisance Abatement Procedure) of this Code.
(2) Enforcement of this Section shall be conducted pursuant to Section 6-30.050 of this
Code.
remedied by a civil action brought by the City Attorney, including, but not limited to,
unfair business practice proceedings under Business & Professions Code Section 17200 et seq.,
(3) Notwithstanding any other provision of this Codc, including -Article 3 05 (Criminal
in the Compassionate Use Act and the -Medical Marijuana Program Act, California Health and
Safety Code sections 1111362.5 and 11362.7 et seq., shall not be subject to criminal liability
• - .. • cction 11570 or any criminal abatement actions or
2017 Annual Code Update - Page 37
to all other compliance actions set forth in subsection (c)(3) of this Section, code enforcement
Code or state law.
2017 Annual Code Update - Page 38
18. Repeal of Article 16-72
. • •_a
a construction, remodeling, or demolition projects affecting more than two thousand five
remodeling, or demolition projccts involving one or more structures are part of a common
structures. The Building Official may exempt from compliance with this Section any project
that is anticipated to produce less than fifteen cubic yards of construction and demolition
(c) All references in this Section 16 72 to the Building Official shall include any person
c plan meets the following criteria:
(1) The plan identifies all recyclable construction o
(2) The plan explains how the applicant will recycle and/or salvage for reuse a minimum of
with the diversion goals of the California Integrated Waste Management Act of 1989
(Cal. Pub. Res. Code § 10000 et seq.).
(1) The plan specifics that all waste management activities on the site, including
in accordance with the Saratoga Code.
subsection (a).
2017 Annual Code Update - Page 39
(a), the Building Official shall approve the plan.
permits shall cease.
16 72.030 Implementation of plan.
follewhig
demolition debris that is recycled; and
(b) The volume or wcight and thc disposal location of all construction and demolition debris
that is disposed.
1 I .
n of a projcct subjcct to Section 16 72.010, thc permittee
that was disposed. The compliance report shall include copies of weight tickets, receipts, and
other r. '
V Y:
•
16 72.050 Form for proposed plan.
(b) The Building Official shall provide a copy of the form and a copy of the guide to any person
promptly upon request.
2017 Annual Code Update - Page 40
948248.3
2017 Annual Code Update - Page 41