The purpose of this Article is to establish standards and procedures to be followed with respect to the review of applications for single-family dwellings, Two-Unit Residential Developments, Three-Unit Residential Conversions, and certain accessory structures to ensure that new development occurs in a manner which is consistent with the objectives of this Chapter, the residential design standards contained in Article 15-59, Single-Family Dwelling Design Standards, and the policies of the General Plan.

(Amended by Ord. 221 § 2 (part), 2003; Ord. No. 314, § 1, 3-5-2014)

(Ord. No. 406, § 1(Att. 1, § 7), 3-5-2025)

All structures requiring review, as provided in Sections 15-45.060 and 15-45.065 of this Article, shall comply with the floor area standards and setback requirements contained in this Chapter or as such standards may be required by Article 15-57, Ministerial Consideration of Qualifying Projects. In the event of a conflict between the development standards required by this Article and the development standards required by Article 15-57, the requirements of Article 15-57 shall prevail. In the event of a conflict between the floor area and setback requirements in this Chapter, the more restrictive standard shall govern. The Planning Commission shall have authority to grant a variance from such regulations pursuant to Article 15-70 of this Chapter.

(Amended by Ord. 71.98 § 10, 1991; Ord. 71.113 § 9, 1992; Ord. 221 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006; Ord. No. 314, § 1, 3-5-2014)

(Ord. No. 406, § 1(Att. 1, § 7), 3-5-2025)

Editor's note— Ord. No. 314, § 1, adopted March 5, 2014, repealed § 15-45.030, which pertained to allowable floor area and derived from Ord. 221 § 2 (part), 2003; Ord. 245 § 2 (Att. A)(part), 2006. The user's attention is directed to § 15-12.085 for similar provisions.

Editor's note— Ord. No. 406, § 1(Att. 1, § 7), adopted March 5, 2025, repealed § 15-45.045, which pertained to creek protection setbacks and derived from Ord. 221 § 2 (part), 2003; Ord. No. 403, § 1(Exh. A, § 16), July 3, 2024. The user's attention is directed to § 15-80.165 for similar provisions.

Each new single-family main structure, Two-Unit Residential Development, Three-Unit Residential Conversion, accessory structure, or additions thereto, shall be designed to follow the slope of the site so as to reduce the clearance between ground floor levels and natural or finish grade, whichever measurement is greater, to not more than five feet. This does not apply to any deck or balcony above ground floor level.

(Amended by Ord. 71-106 § 8, 1992; Ord. 71-178 § 3, 1998; Ord. 221 § 2 (part), 2003)

(Ord. No. 406, § 1(Att. 1, § 7), 3-5-2025)

(a)

All new or modified single-family dwellings, Two-Unit Residential Developments, and Three-Unit Residential Conversions shall be consistent with the requirements of Article 15-59, Single-Family Dwelling Design Standards.

(b)

A structure that received design review approval prior to April 4, 2025 is not considered a non-conforming structure if not in compliance with Article 15-59, Single-Family Dwelling Design Standards.

(c)

If a project is not subject to review under Section 15-45.060, 15-45.065, or 15-45.066, it is not subject to review under this Article or the standards contained in Article 15-59, Single-Family Dwelling Design Standards.

(Amended by Ord. 221 § 2 (part), 2003; Ord. No. 314, § 1, 3-5-2014)

(Ord. No. 406, § 1(Att. 1, § 7), 3-5-2025)

(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 to the extent not precluded by another section of this Chapter or State Law:

(1)

Any project that requires design review under the terms or conditions of any tentative or final subdivision map, use permit, variance or conditional rezoning.

(2)

Any alternative design for a standard specified in Article 15-59, Single-Family Dwelling Design Standards, to be under Planning Commission purview. The approval shall reference how the alternative design meets the intent of the standard from which the variation is being sought.

(3)

Any project or project feature for which Planning Commission review is specified in this Code.

(b)

A public hearing on the application for design review approval under this Article shall be required. Notice of the public hearing shall be given not less than ten days nor more than thirty days prior to the date of the hearing by mailing, postage prepaid, a notice of the time and place of the hearing to the applicant and to all persons whose names appear on the latest available assessment roll of the County as owning property within five hundred feet of the boundaries of the site which is the subject of the application. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City not later than ten days prior to the date of the hearing.

(c)

An application under this Article may be denied if the Planning Commission makes a written finding, based upon a preponderance of evidence, that the proposed project would have a specific, adverse impact, upon public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(Amended by Ord. 71.98 § 11, 1991; Ord. 71.113 § 10, 1992; Ord. 71-179 § 1, 1998; Ord. 221 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006; Ord. No. 314, § 1, 3-5-2014; Ord. No. 329, § 1, 8-19-2015; Ord. No. 354, § 1(Exh. A), 12-20-2017)

(Ord. No. 364, § 1(Exh. A), 9-4-2019; Ord. No. 399, § 1(Att. 1), 4-3-2024; Ord. No. 405, § 1(Att. 1.4), 10-15-2024; Ord. No. 406, § 1(Att. 1, § 7), 3-5-2025)

(a)

Pursuant to this Article, projects in the following categories that do not comply with all applicable Single-Family Dwelling Design Standards shall receive administrative design review approval by the Community Development Director prior to issuance of a building permit in any A, R-1, HR, or R-OS district to the extent not precluded by another section of this Chapter (including without limitation Article 15-57, Ministerial Consideration of Qualifying Projects) or State Law. The Director shall approve projects upon making the findings listed in Section 15-45.080, Design Review Findings.

(1)

Any new single family dwelling or accessory structure greater than two hundred fifty square feet in floor area.

(2)

Any addition to an existing structure that would expand the floor area by more than fifty percent.

(3)

Any addition to an existing structure that would expand the existing second story floor area by one hundred square feet or more.

(4)

Any addition to an existing structure that would modify the footprint by more than fifty percent.

(5)

Any new or enlarged basement.

(6)

Any new or replacement structure that results from a demolition as defined by Section 15-06.195.

(7)

Any single-story addition to an existing structure in excess of eighteen feet in height on a site where the existing cumulative floor area of all structures on the site is more than six thousand square feet.

(8)

Any single-story addition to an existing single-story structure in excess of eighteen feet in height can be approved under administrative design review unless specifically required by Section 15-45.060.

(9)

Any addition of a second story to an existing structure.

(10)

Any alternative design for a standard specified in Article 15-59, Single-Family Dwelling Design Standards, to be under Community Development Director purview. The approval shall reference how the alternative design meets the intent of the standard from which the variation is being sought.

(b)

The application for administrative design review approval shall comply with Section 15-45.070. The Community Development Director shall grant design review approval if the project complies with Article 15-59, Single-Family Dwelling Design Standards.

(c)

If the Community Development Director intends to approve the application, a "Notice of Intent to Approve" will be mailed to all property owners within two hundred fifty feet of the subject property and to others as deemed appropriate. All interested parties will have fifteen calendar days from the date of the "Notice of Intent to Approve" in which to review the application and provide written comments to the Community Development Director. The Community Development Director shall approve or deny the application within fifteen days of the close of the review period and shall mail notice of the decision to the applicant and to any party that has requested a copy of such notice. The Community Development Director's decision is appealable to the Planning Commission within fifteen calendar days of the Director's decision to approve the application. The Planning Commission at a public hearing will review any appeal and shall approve the application if the project complies with Article 15-59, Single-Family Dwelling Design Standards. Notwithstanding, Section 15-45.110 or Section 15-90.020, the decision of the Planning Commission on the appeal shall be final and not subject to appeal to the City Council.

(d)

If the application is not approved by the Community Development Director, then the applicant may file an appeal within fifteen calendar days of the Community Development Director's decision or deadline to render a decision and have the application heard by the Planning Commission at a de novo public hearing. The Planning Commission at a public hearing will review any appeal and shall approve the application if the project complies with Article 15-59, Single-Family Dwelling Design Standards.

(Amended by Ord. 221 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006)

(Ord. No. 307, § 1.C.15, 10-16-2013; Ord. No. 314, § 1, 3-5-2014; Ord. No. 320, § 1.F.21, 11-5-2014; Ord. No. 328, § 1(Att. A, § 17), 7-1-2015; Ord. No. 399, § 1(Att. 1), 4-3-2024; Ord. No. 406, § 1(Att. 1, § 7), 3-5-2025)

(a)

Pursuant to this Article, projects that meet the criteria of one or more of subsections (1) through (9), inclusive, of Section 15-45.065(a) and that comply with all applicable Single-Family Dwelling Design Standards shall receive administrative ministerial review approval by the Community Development Director prior to issuance of a building permit in any A, R-1, HR, or R-OS district to the extent not precluded by another section of this Chapter (including without limitation Article 15-57, Ministerial Consideration of Qualifying Projects) or State Law. In such case, the project shall be approved ministerially.

(Ord. No. 406, § 1(Att. 1, § 7), 3-5-2025)

(a)

Each application for design review approval shall be filed with the Community Development Director on such form(s) as the Director shall prescribe. An application shall include the following exhibits:

(1)

Site plan showing all of the following: (i) property lines, (ii) easements and their dimensions, (iii) underground utilities and their dimensions, (iv) structure setbacks, (v) building envelope, (vi) topography (i.e., existing and finished grade elevation data), (vii) species, trunk diameter at breast height (DBH as defined in Section 15-50.020(g)), canopy driplines (as defined in Section 15-50.020(k)), and locations of all heritage trees (heritage trees as defined in Section 15-50.020(n)), trees measuring at least ten inches DBH, and all native trees measuring at least six inches DBH on the property and within one hundred fifty feet of the property, (viii) areas of dense vegetation and (ix) riparian corridors.

(2)

Any application that proposes new construction two feet or closer to a required setback area shall include a boundary survey for planning review and a setback certification and pad height certification letter during building permit review, each signed by a State licensed land surveyor or registered civil engineer qualified to do property line surveys. Such survey shall verify the location of all existing property lines, easements, structures and protected trees (protected trees as defined in Section 15-50.020(s)). The setback and height certification letter may be submitted after the initial application but in no event later than the foundation inspection.

(3)

A statement of all energy conserving features proposed for the project. Such features may include, but are not limited to, use of solar panels for domestic hot water or space heating, passive solar building design, insulation beyond that required under State law, insulated windows, or solar shading devices. Upon request, the applicant shall submit a solar shade study if determined necessary by the Community Development Director.

(4)

Building elevations of each proposed structure showing all exterior materials, roof materials and window treatment. Such drawings shall include existing and proposed building height measurements referenced from existing and proposed finished grade.

(5)

Site sections for each project located on a hillside lot, together with an aerial photograph of the site if requested by the Community Development Director.

(6)

Engineered grading and drainage plans with existing and proposed finished grade elevation data, including cross sections.

(7)

Floor plans that indicate total floor area of each building or structure on the site, determined in accordance with Section 15-06.280 of this Chapter, plus a cumulative total of all floor area on the site.

(8)

Roof plans.

(9)

Landscape and irrigation plans for the site, showing the location and type of all landscaped areas, including: existing trees to remain on-site; new or replacement trees; live plant materials; water features; hardscape; irrigation systems, and any additional information necessary to comply with the City's landscaping or water efficiency regulations.

(10)

Tree Preservation Plan, as required in Section 15-50.140 of this Chapter.

(11)

Preliminary title report showing all parties having any interest in the property and any easements, encumbrances and restrictions, which benefit or burden the property.

(12)

Such additional exhibits or information as may be required by the Community Development Director. All exhibits shall be drawn to scale, dated and signed by the person preparing the exhibit. Copies of all plans to be submitted shall consist of two sets drawn on sheets eighteen inches by twenty-eight inches in size and fifteen reduced sets on sheets eleven inches by seventeen inches in size.

(13)

A geotechnical clearance as defined in Section 15-06.325 of this Chapter, if required by the City Engineer.

(14)

Such additional exhibits or information as may be required by the Community Development Director to demonstrate compliance with Article 16-47, Green Building Regulations of the Saratoga City Code.

(b)

Each application shall be accompanied by the payment of a processing fee, in such amount as established from time to time by resolution of the City Council.

(Amended by Ord. 221 § 2 (part), 2003; Ord. 226 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006)

(Ord. No. 272, § 2(Exh. A), 9-16-2009; Ord. No. 307, § 1.C.16, 10-16-2013; Ord. No. 320, § 1.F.22, 11-5-2014; Ord. No. 328, § 1(Att. A, § 18), 7-1-2015; Ord. No. 336, § 1.1, 12-2-2015)

Editor's note— Ord. No. 406, § 1(Att. 1, § 7), adopted March 5, 2025, repealed § 15-45.075, which pertained to requirements for marking trees proposed for removal and derived from Ord. No. 272, § 2(Exh. A), Sept. 16, 2009; Ord. No. 307, § 1.C.17, Oct. 16, 2013; Ord. No. 336, § 1.1, Dec. 2, 2015; Ord. No. 354, § 1(Exh. A), Dec. 20, 2017; Ord. No. 399, § 1(Att. 1), April 3, 2024.

If a project is subject to Planning Commission design review in accordance with Section 15-45.060, except for Section 15-45.060(a)(2), or Administrative Design Review in accordance with Section 15-45.65, except for 15-45.065(a)(10), the review authority shall not grant design review approval unless it is able to make the following findings. An approval under Section 15-45.060(a)(2) or 15-45.065(a)(10) requires only the finding set out in that section. These findings are in addition to, and not a substitute for, compliance with all other Zoning Regulations (which constitute the minimum requirements, as provided in City Code Section 15-05.050).

(a)

Site development follows the natural contours of the site, minimizes grading, and is appropriate given the property's natural constraints.

(b)

All protected trees shall be preserved, as provided in Article 15-50 (Tree Regulations). If constraints exist on the property, the number of protected trees, heritage trees, and native trees approved for removal shall be reduced to an absolute minimum. Removal of any smaller oak trees deemed to be in good health by the City Arborist shall be minimized using the criteria set forth in Section 15-50.080.

(c)

The height of the structure, its location on the site, and its architectural elements are designed to avoid unreasonable impacts to the privacy of adjoining properties and to community viewsheds.

(d)

The overall mass and the height of the structure, and its architectural elements are in scale with the structure itself and with the neighborhood.

(e)

The landscape design minimizes hardscape in the front setback area, contains elements that are complementary to the neighborhood streetscape, and, for sites located within the Wildland Urban Interface Area, includes a five-foot-wide nonflammable buffer around the perimeter of all structures.

(f)

The design of the structure and the site development plan is consistent with the Residential Design Handbook.

(g)

On hillside lots, the location and the design of the structure avoid unreasonable impacts to ridgelines, significant hillside features, community viewsheds, and is in compliance with Section 15-13.100.

(Amended by Ord. 71.99 § 27, 1991; Ord. 221 § 2 (part), 2003; Ord. 226 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006; Ord. No. 294, § 1.A.5., 9-5-2012; Ord. No. 314, § 1, 3-5-2014; Ord. No. 382, § 1(Exh. A), 10-20-2021; Ord. No. 406, § 1(Att. 1, § 7), 3-5-2025)

The findings specified in Section 15-45.080 may be made subject to conditions reasonably related to the project and to the findings required for approval. Conditions may include, but are not limited to, the following:

(a)

Construction or repair of curb, gutters and sidewalks.

(b)

Water or sewer main extensions.

(c)

Storm drain installation.

(d)

Dedication of property or easements for utilities, street lighting, public right-of-way, trails, etc.

(e)

Installation of street trees.

(f)

Completion of street widening paving to property line.

(g)

Repair or reconstruction of street paving prior to the issuance of a certificate of occupancy.

(h)

Undergrounding of existing overhead utility lines from closest exiting distribution pole to the new structure.

(i)

Improvements to water delivery systems as required by the fire district or Water Company to ensure both adequate domestic and fire flow.

(j)

Installation of fire hydrants as required by the fire district.

(Amended by Ord. 221 § 2 (part), 2003; Ord. No. 272, § 2(Exh. A), 9-16-2009)

(a)

Notwithstanding subsections (b) through (d) of this Section, each design review approval granted pursuant to this Article shall expire thirty-six months from the date on which the approval became effective, unless prior to such expiration date a building permit is issued and construction commenced.

(b)

If a building permit is issued and expires, and the Building Department does not renew the building permit within one hundred eighty days after expiration, the design review approval shall concurrently expire on the one hundred eightieth day after the building permit expiration.

(c)

If an application is made for a modification to the project that increases the floor area by more than twenty percent or changes the approval process, then the previously issued design review approval shall expire upon the filing of the application for modification.

(d)

A design review approval may be extended for a single period of twelve months by the Community Development Director. Any application for extension shall be filed prior to the expiration date with a statement of reasons for the request, and shall be accompanied by the payment of a fee in such an amount as established from time to time by resolution of the City Council. Extension of design review approval is not a matter of right and the Director of Community Development may deny the application or grant the application subject to conditions.

(Amended by Ord. 71-119 § 1 (part), 1993; Ord. 221 § 2 (part), 2003)

(Amended by Ord. No. 272, § 2(Exh. A), 9-16-2009; Ord. No. 314, § 1, 3-5-2014; Ord. No. 328, § 1(Att. A, § 19), 7-1-2015)

(Ord. No. 307, § 1.C.18, 10-16-2013)

Except as otherwise specified in this Article, a decision or determination made by the Planning Commission under this Article may be appealed to the City Council in accordance with the procedure set forth in Article 15-90 of this Chapter.

(Amended by Ord. 221 § 2 (part), 2003)

All conditions attached to an approval pursuant to this Article which are identified as permanent or for which a term is specified shall run with the land and apply to the landowner's successors in interest for such time period. No approval pursuant to this Article shall take effect until a certificate of approval documenting all applicable conditions has been recorded by the applicant with the Santa Clara County Recorder's Office in form and content acceptable to the Community Development Director. Notwithstanding the foregoing, conditions may be modified pursuant to Section 15-80.120 and a certificate of modification recorded.

(Ord. 246 § 2A, 2006)