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HomeMy WebLinkAboutOrdinance 230 -Amending Zoning code in Mixed Use devlopmentORDINANCE 230 AN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF SARATOGA CONCERNING MIXED USE DEVELOPMENT STANDARDS IN ALL COMMERCIAL AND PROFESSIONAL OFFICE ZONED DISTRICTS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declares as following: A. The Ordinance is needed to comply with program 1.2 of the adopted Housing Element of the General Plan, which states, "That the City will adopt a Zoning Code amendment to implement a residential mixed-use overlay zone that applies to all commercial zones within the City of Saratoga." B. The Planning Commission has conducted a public hearing to consider amendments to the zoning code with respect to Mixed Use Development Standards on February 25, 2004 C. This ordinance amends the City Code to provide Standards for the development of Mixed Use projects in all of the Commercial and Professional Office Zoned Districts of the City of Saratoga. D. That the proposed Zoning Code aznendments will not be detrimental to the public health, safety or welfare, nor be materially injurious to the properties or improvements in the City of Saratoga in that the Development Standazds have been crafted to avoid such injuries. Section 2. Adoption. 15-18.030 Conditional Uses: The following conditional uses may be allowed in a P-A district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter: (a) Accessory structures and uses located on the same site as a conditional use. (b) Community facilities. (c) Institutional facilities. (d) Police and fire stations and other public buildings, structures and facilities. (e) Religious and charitable institutions. (f) Nursing homes and day care facilities. (g) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks and transmission lines. (h) Mixed Use Developments conforming to the Mixed Use Design Standards found in Article 15-58 (i) Bed and breakfast establishments. (j) Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications. (Amended by Ord. 71.91 ~ 2, 1991; Ord. 71-163 § 1 (part), 1996) 15-19.030 C-N district regulations: (a) Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) of this Article, the following permitted uses shall also be allowed in a C-N district: (1) Professional and administrative offices. (2) Financial institutions. (3) Religious and charitable institutions. (4) Christmas tree and pumpkin sales lots. (b) Conditional uses. In addition to the conditional uses listed in Section 15- 19.020(b) of this Article, the following conditional uses may also be allowed in a C-N district, upon the granting of a use permit pursuant to Article 15-55 of this chapter. (1) Mixed-Use Development conforming to the Design Standards found in Article 15-58 (2) Medical offices and clinics. (c) Site area. The minimum net site area of any lot in a C-N district shall be ten thousand square feet. (d) Site frontage, width and depth. The minimum site frontage, width and depth of any lot in a C-N district shall be as follows: frontage iWidth (Depth ~ - -~ - ----- 60 feet 60 feet 100 feet (e) Coverage. The maximum net site area covered by structures on any lot in a C- Ndistrict shall be sixty percent. (f) Front yard. The minimum front yard of any lot in a C-N district shall be ten feet; except that on a site adjacent to 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 yard shall be fifteen feet. (g) Side and rear yards. No side or rear yard shall be required for any lot in a C-N district, subject to the following exceptions: (1) On a reversed corner lot abutting a lot in an A, R-1, or HR district, the minimum exterior side yard shall be not less than one-half of the required front yard of the abutting lot. (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 yard or rear yard abutting such other district shall be thirty feet. (3) On a lot directly across a street or alley from an A, R-1, or HR district, the minimum side yard or rear yard adjacent to such street or alley shall be ten feet. Where a side or rear yard is required under any of the foregoing provisions, one foot shall be added to the required yard for each one foot of height or fraction thereof by which a structure within thirty feet of the lot line for such yard exceeds fourteen feet in height. (h) Height of structures. The maximum height of any structure in a C-N district shall be twenty feet. (i) Enclosure of uses. All permitted and conditional uses shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading, gasoline service stations, outdoor dining, nurseries, garden shops and Christmas tree and pumpkin sales lots. (j) Screening, landscaping and fencing. An area not less than five feet in depth along all property lines that abut a street shall be landscaped with plant materials and/or improved with sidewalks or pathways as required by the Planning Commission. All planting materials shall permanently be maintained by the owner or occupant of the site. (k) Alternative standards for multi-family dwellings. Notwithstanding any other provisions of this Section, where multifamily dwellings will be located upon a site, the Planning Commission shall apply for such dwellings the development standards set forth in Article 15-17 of this Chapter. The density of development shall be as determined in each case by the Planning Commission, based upon its finding that: (1) The project will not constitute overbuilding of the site; and (2) The project is compatible with the structures and density of development on adjacent properties; and (3) The project will preserve a sufficient amount of open space on the site; and (4) The project will provide sufficient light and air for the residents of the site and the occupants of adjacent properties. (Amended by Ord. 71.113 (part), 1992) 15-19.040 C-V district regulations: (a) Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) of this Article, the following permitted uses shall also be allowed in a C-V district: (1) Professional and administrative offices. (2) Financial institutions. (b) Conditional uses. In addition to the conditional uses listed in Section 15- 19.020(b) of this Article, the following conditional uses may also be allowed in a C-V district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter: (1) Religious and charitable institutions. (2) Mixed Use Developments conforming to the Design Standards found in Article 15-58. (3) Medical offices and clinics. (4) Mortuaries. (5) Theaters. (6) Automobile upholstering shops provided all operations are conducted within an enclosed structure. (c) Site area. The minimum net site area of any lot in a C-V district shall be ten thousand square feet. (d) Site frontage, width and depth. The minimum site frontage, width and depth of any lot in a C-V district shall be as follows: -- - I ...Frontage Width _ _De_th ~_ P 'I 'I - I 60 feet 60 feet 100 feet (e) Coverage. The maximum net site area covered by structures on any lot in a C- Vdistrict shall be sixty percent. (f7 Front yard. The minimum front yard of any lot in a C-V district shall be ten feet; except that on a site adjacent to 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 yard shall be fifteen feet. (g) Side and rear yard. The minimum side yards of any lot in a C-V district shall be ten feet and the minimum rear yard of any lot in a C-V district shall be thirty feet, subject to the following exceptions: (1) One foot shall be added to the minimum side yard 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 yard exceeds fourteen feet in height. (2) One foot shall be added to the minimum rear yard 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 yard exceeds fourteen feet in height. (3) On a corner lot, the minimum exterior side yard shall be twenty feet. (h) Height of structures. The maximum height of any structure in a C-V district shall be twenty feet. (i) Screening, landscaping and fencing. (1) An area not less than ten feet in depth along all property lines that abut a street shall be landscaped with plant materials and/or improved with sidewalks or pathways as required by the Planning Commission. All planting materials shall permanently be maintained by the owner or occupant of the site. (2) A use not conducted within a completely enclosed structure shall be screened by a solid wall or fence, vine-covered fence or compact evergreen hedge (with solid gates where necessary) not less than six feet in height. This requirement shall not apply to off-street parking and loading areas, gasoline service stations, outdoor dining areas, nurseries, garden shops, and Christmas tree and pumpkin sales lots. (j) Alternative standards for multi-family dwellings. Notwithstanding any other provisions of this Section, where multi-family dwellings will be located upon a site, the Planning Commission shall apply for such dwellings the development standards set forth in Article 15-17 of this Chapter. The density of development shall be as determined in each case by the Planning Commission, based upon its finding that: (1) The project will not constitute overbuilding of the site; and (2) The project is compatible with the structures and density of development on adjacent properties; and (3) The project will preserve a sufficient amount of open space on the site; and (4) The project will provide sufficient light and air for the residents of the site and the occupants of adjacent properties. (Amended by Ord. 71.113 (part), 1992) 15-19.050 C-H district regulations: (a) Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) of this Article, the following permitted uses shall also be allowed in the CH-1 and CH-2 districts: (1) Professional, administrative and medical offices and financial institutions, when located either above the street level or at the street level if separated from the street frontage by a retail or service establishment. (2) DELETED (b) Conditional uses. In addition to the conditional uses listed in Section 15- 19.020(b) of this Article, the following conditional uses may also be allowed in the CH-1 and CH-2 districts, upon the granting of a use permit pursuant to Article 15- 55 of this Chapter: (1) Professional, administrative and medical offices and financial institutions, when located at street level and having street frontage. (2) Theaters. (3) Religious and charitable institutions. (4) Mixed Use Developments conforming to the Design Standards found in Article 15-58. (c) Site area. The minimum net site area in each C-H district shall be as follows: (District et Site Area NCH-1 _ sq. ft. ',500 sq. ft. (d) Site frontage, width and depth. The minimum site frontage, width and depth in each C-H district shall be as follows: --- -- District -- - Frontage ,(Width ( --- -- Depth __ __. ---- _- ~- ~ I ~ ----- __ __ NCH-1 ~50 ft. - 50 ft. 100 ft. -- - ~CH-2 50 ft. _ 50 ft. 100 ft. (e) Coverage; pedestrian open space. (1) In the CH-1 district, the maximum net site area covered by structures shall be eighty percent, except that up to one hundred percent of the site may be covered by structures if, for any structure coverage in excess of eighty percent, an equivalent area on the site is devoted to pedestrian open space. (2) In the CH-2 district, the maximum net site area covered by structures shall be sixty percent. In addition, an area equivalent to not less than twenty percent of the net site area shall be devoted to pedestrian open space. All or any portion of the required front yard may be used for pedestrian open space. (3) The term "pedestrian open space," as used in subsections (e)(1) and (2) of this Section, means common areas open to the public where pedestrians may walk or gather, such as plazas and arcades, which are designed to be visible and accessible to pedestrians on streets, sidewalks and parking facilities adjacent to the site. (f) Front yard. No front yard shall be required in the CH-1 district. The minimum front yard of any lot in the CH-2 district shall be fifteen feet. (g) Side yards. No side yards shall be required in either the CH-1 or CH-2 district. (h) Rear yard. No rear yard shall be required in the CH-1 district. No rear yard 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 yard 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 yard exceeds fourteen feet in height. (i) Height of structures. The maximum height of any structure in each C-H district shall be as follows: ~~District (Height ----~- 'i I (CH-1 35 feet. No portion of a structure facing Big Basin Way shall exceed two stories, and no portion of a structure facing Saratoga Creek shall 'exceed three stories. NCH-2 26 feet. No structure shall exceed two stories. (j) Enclosure of uses. All permitted and conditional uses shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading, gasoline service stations, garden shops and outdoor dining. (1) Modification of standards for historic structures. The Planning Commission shall have authority to modify any of the development standards contained in this Section, without the granting of a variance, if the subject of the application is a structure, which has been designated as a historic landmark pursuant to Article 13-15 of this Code, and the Planning Commission finds and determines that: (1) The modification will facilitate preservation of the historic structure; and (2) The application and the proposed modification have been reviewed and approved by the City's Heritage Commission; and (3) The modification will not be detrimental to the use and enjoyment of other properties in the vicinity; and (4) The modification will not adversely affect the movement of vehicular and pedestrian traffic, or the availability of on-street parking, and will not create a hazard to the public safety. (Amended by Ord. 71-108 ~ 1, 1992; Ord. 71.113 (part), 1992) Article 15-21 DELETED Article 15-58 MIXED USE DEVELOPMENT STANDARDS: 15-58 MIXED-USE DEVELOPMENT STANDARDS 15-58.010 Purposes of Article The purpose of the mixed-use development standards is the implementation of Program 1.1 of the Housing Element of the General Plan. The goal is to implement this Housing Program in a consistent manner through out the various commercial and office zoned districts of the City. It is further the goal of these standards to protect existing and future commercial development. 15-58.020 Development Standards (a) The maximum density is twenty (20) dwellings per net acre. (b) The dwelling unit(s) shall be located either on the second floor or at the rear of the parcel. (c) The dwelling unit(s) shall not comprise more than fifty (50%) percent of the total floor area of all buildings on the site. The maximum floor area allowed may be increased by 10% for projects providing below market rate rental housing (d) Parking for both the non-residential and the dwelling unit(s) shall be as specified in the Zoning Ordinance, provided that the Planning Commission may consider shared parking in some cases. (e) Perimeter fencing shall be required to the maximum height allowed in the Zoning Ordinance. (f) Each dwelling shall have private, usable outdoor space, i.e. decks, balconies, yards or patios. (g) The maximum height of a mixed-use structure shall be 26-feet. Structures that are solely non-residential on a site that has mixed use, the maximum height is as is it is stated in the underlying zoning. (h) The design of mixed-use projects will be required to conform to the policies and techniques of the Residential Design Handbook and any other design standards in place for the area of application. (i) Overall site coverage may be increased up to 10% for projects containing deed restricted below market rate housing units. (j) Mixed-use projects shall have sound walls and landscape screening in order to protect the privacy and quality of life of abutting single-family residential lands uses. (k) The residential component of a mixed-use project shall be rental. The individual dwelling units shall range in size from 850 sq. ft. for 1-bedrooms units to 1,250 sq. ft. for 3-bedroom units sequent mixed-use development. (1) Projects with multiple stories shall be reviewed to ensure that design features such as setbacks and window placement provide adequate privacy protection. (m) Non-residential structures or parcels created or developed as part of a previous Mixed-Use Development or multi-family development may not be redeveloped as a Mixed-Use Development at a greater density or intensity of use. (n) Smaller Mixed-Use projects (20 or fewer dwelling units) must pay an in lieu fee for park construction. (o) In larger Mixed-Use projects (more that 20 dwelling units) either the developer must pay an in lieu fee for park construction or construct common, useable open space on site at the discretion of the Planning Commission based on the vicinity of existing public parks. Section 3. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub- paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase 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 4. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 7TH day of April, 2004, and was adopted by the following vote following a second reading on the 21st day of April, 2004: AYES: Councilmembers Stan Bogosian, Norman Kline, Nick Streit, Vice Mayor Kathleen King, Mayor Ann Waltonsmith NOES: None ABSENT: None ABSTAIN: None j - ANN WALTONSMITH, MAYOR ATT ST: CAT N BOY CLERK APPROVED AS TO FORM: RICHARD TAYLOR, CITY ATTORNEY