HomeMy WebLinkAboutOrdinance 231 Amending 15-80ORDINANCE 231
AN ORDINANCE AMENDING ARTICLE 15-80 MISCELLANEOUS REGULATIONS
RELATING TO EMERGENCY OR STANDBY GENERATORS AND HEATING,
VENTALATION AND AIR CONDITIONING EQUIPMENT
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
Section 1. Findings.
The City Council finds and declares as following:
The proposed Ordinance amendment regulating the location and noise emission of
Emergency or Stand-by Generators and Heating, Ventilation and Air Conditioning
equipment (HVAC) is in accord with the objectives of the City of Saratoga General Plan
wherein it is stated that the Noise Element of the General Plan states, ° The Noise
Element is intended to be used by the community in the goal of preserving the quiet
residential environment of Saratoga by conditioning noise to levels that are compatible
with existing and future land uses, and by preventing increases in noise levels where
noise sensitive land uses are located. "
The proposed Ordinance amendment regulating the location and noise emission of
Emergency or Stand-by Generators and Heating, Ventilation and Air Conditioning
equipment (HVAC) is in accord with the objectives of the City of Saratoga Noise
Ordinance in that in 7-30.010 (Purposes of Article) declares the following
"This Article is adopted for the following purposes:
(a) To protect the citizens of the City from excessive, unnecessary, and unreasonable
noises from any and all sources in the community subject to regulation and control by the
City;
(b) To maintain and preserve the quiet residential atmosphere of the City;
(c) To implement the goals and policies contained in the Noise Element of the City's
General Plan;
(d) To establish noise standards for various land uses and activities within the City;
(e) To prohibit noise which disturbs the peace and quiet of a neighborhood or causes
discomfort or annoyance to persons of normal sensitivities. "
Section 2. Adoption.
That Article 15-80 MISCELLANEOUS REGULATIONS AND EXCEPTIONS of the
Saratoga City Code sections are amended to read:
Article 15-80 MISCELLANEOUS REGULATIONS AND EXCEPTIONS
15-80.030 Special rules for accessory uses and structures in residential districts.
The following special rules shall apply to certain accessory uses and structures in any A, R-1,
HR, R-OS or R-M district:
(a) Stables and corrals. No stable or corral, whether private or community, shall be located closer
than fifty feet from any property line of the site, or closer than fifty feet from any dwelling unit
or swimming pool on the site. In the HR district, no stable or corral shall be located closer than
fifty feet from any stream and the natural grade of a corral shall not exceed an average slope of
fifteen percent.
(b) Swimming pools. No swimming pool or accessory mechanical equipment shall be located in
a required front, side or rear yard, except as follows:
(1) A swimming pool and accessory mechanical equipment maybe located within a required rear
yard, but no closer than six feet from any property line. Any portion of such swimming pool that
is located outside of the rear yard shall comply with the side yard requirements for the site.
(2) If the required minimum side yard is more than ten feet, accessory mechanical equipment
maybe located within such side yard, but no closer than ten feet from the side yard property line.
(c) Recreational courts. Recreational courts shall comply with all of the following restrictions,
standards and requirements:
(1) The recreational court shall not exceed seven thousand two hundred square feet in area.
(2) The recreational court shall not be illuminated by exterior lighting.
(3) No direct opaque screening shall be utilized around any portion of the recreational court.
(4) No fencing for a recreational court shall exceed ten feet in height.
(5) No recreational court shall be located in a required front yard or any required side yard. Such
courts may be located within a required rear yard, but no closer than fifteen feet from any
property line.
(6) The natural grade of the area to be covered by the recreational court shall not exceed an
average slope often percent, unless a variance is granted pursuant to Article 15-70 of this
Chapter.
(7) The recreational court shall be landscaped, in accordance with a landscape plan approved by
the Planning Director, so as to create a complete landscaping buffer from adjoining properties
within two years from installation. In addition, a bond, letter of credit or other security, in such
amount as determined by the Planning Director, shall be furnished to the City to guaranty the
installation of the landscaping improvements in accordance with the approved landscaping plan.
(8) The recreational court shall be designed and located to minimize adverse impacts upon trees,
natural vegetation and topographical features and to avoid damage as a result of drainage,
erosion or earth movement.
(9) The recreational court shall be designed to preserve the open space qualities of hillsides,
creeks, public paths, trails and rights-of--way on or in the vicinity of the site.
(d) Enclosed accessory structures. No enclosed accessory structures shall be located in any
required yard of any lot, except as follows:
(1) Upon the granting of a use permit by the Planning Commission pursuant to Article 15-55,
cabanas, garages, carports, recreation rooms, hobby shops and other similar structures maybe
located no closer than six feet from the rear property line and shall not exceed eight feet in
height, plus one additional foot in height for each three feet of setback from the rear property line
in excess of six feet, up to a maximum height of ten feet if the structure is still located within the
required rear yard.
(2) Subject to approval by the Community Development Director, garden sheds, structures for
housing swimming pool equipment and other enclosed structures of a similar nature, not
exceeding two hundred fifty square feet in gross floor area, maybe located no closer than six
feet from the rear property line and shall not exceed six feet in height, plus one additional foot in
height for each additional foot of setback from the rear property line in excess of six feet, up to a
maximum height often feet if the structure is still located within the required rear yard. This
subsection shall not apply to any structure intended or used for the keeping of animals.
(e) Unenclosed gazden structures. Subject to approval by the Community Development Director,
unenclosed garden, ornamental and decorative structures such as gazebos, lattice work, arbors
and fountains maybe located no closer than six feet from a side or rear property line and shall
not exceed eight feet in height, plus one additional foot in height for each additional foot of
setback from the side and rear property line in excess of six feet, up to a maximum height often
feet if the structure is still located within a required side or rear yard.
(f) Solar panels. Subject to approval by the Planning Director, solar panels not exceeding six feet
in height maybe located within any portion of a rear yard.
(g) Barbeques. Permanent barbeques, such as those constructed out of brick or masonry, maybe
located no closer than six feet from the rear property line and shall not exceed four feet in height.
(h) Accessory structures in R-M district. Notwithstanding any other provisions of this Section,
accessory structures not exceeding fourteen feet in height maybe located in a required rear yard
in any R-M district, provided that not more than fifteen percent of the rear yard area shall be
covered by structures, and provided further, that on a reversed corner lot, an accessory structure
shall not be located closer to the rear property line than the required side yard on the abutting lot
and not closer to the exterior
side property line than the required front yard of the abutting lot.
(i) Referral to Planning Commission. With respect to any accessory structure requiring approval by
the Community Development Director, as described in subsections (d)(2), (e) and (f) of this Section,
the Director may refer the matter to the Planning Commission for action thereon whenever the
Director deems such referral to be necessary or appropriate.
(j) Modification of standards. The Planning Commission shall have authority to modify any of the
regulations set forth in subsection (d), (e), (f) or (g) of this Section pertaining to the size, height or
required setback of an accessory structure in a side or rear yard, through the granting of a use permit
for such accessory structure pursuant to Article I5-55 of this Chapter. (Amended by Ord. 71.86,
1990; Ord. 71.98 § 13(a), 1991; Ord. 71.113 (part), 1992; Ord. 71-183 § 1, 1998)
(k) Emergency or Stand-by Generators. No emergency or stand-by generator shall be allowed
between the lot line and any required front, side or rear yard setback line. All emergency or
stand-by generators shall be required to meet all applicable requirements of the City Code
including Article 7-30 concerning Noise. Outside a required front, side, or rear yard, an
emergency or stand-by generator may be permitted upon the granting of a Conditional Use
Permit from the Planning Commission. Any application for such a permit must be accompanied
with information from the manufacturer documenting the noise generation characteristics of the
generator. A noise assessment study shall be prepared by a qualified Acoustical Consultant for
all proposed generators. The noise assessment study shall confirm the generator meets all
applicable requirements of the City Code including Article 7-30 concerning Noise. This
restriction shall not apply to generators for which the owner provides evidence of installation
prior to July 1, 2004, provided, however, that removal ofnon-conforming generators maybe
required as a condition of approval for any design review application involving expansion or
reconstruction of more than 50 percent of the main dwelling.
(l) Heating, Ventilation and Air Conditioning (HVAC) mechanical equipment. No HVAC
mechanical equipment shall be allowed between the lot line and any required front, side or rear
yard setback line.
HVAC mechanical equipment shall be required to meet all applicable requirements of the City
Code including Article 7-30 concerning Noise.. This restriction shall not apply to HVAC
equipment for which the owner provides evidence of installation prior to July 1, 2004, provided,
however, that removal ofnon-conforming HVAC equipment maybe required as a condition of
approval for any design review application involving expansion or reconstruction of more than
50 percent of the main dwelling.
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 May 19, 2004, and was adopted by the following vote
following a second reading on the June 2, 2004:
AYES: Councilmember Norman Kline, Vice Mayor Kathleen King,
Mayor Ann Waltonsmith
NOES: None
ABSENT: Councilmember Stan Bogosian, NicK Streit
ABSTAIN: None
APPROVED AS TO FORM:
RICHARD TAYLOR, CITY ATTORNEY
ANN WALTONSMITH, MAYOR