The purpose of this Article is to preserve the natural beauty of the City and to enhance the aesthetic qualities of its multi-family and commercial districts by requiring design review of new structures and certain expansions of existing structures.

(a)

In each of the following cases, no building permit shall be issued until the proposed improvements have received design review approval by the Planning Commission pursuant to this Article to the extent not precluded by another section of this Chapter or State Law:

(1)

Any new main structure in an R-M, P-A, M-U, or C district.

(2)

Any expansion over five hundred square feet to an existing main structure in an R-M, P-A, M-U, or C district.

(3)

Any substantial exterior alteration, as determined by the Community Development Director, to an existing structure in an R-M, P-A, M-U, or C district.

(4)

Any addition over twenty-two feet in height to an existing main or accessory structure in an R-M, P-A, M-U, or C district.

(5)

Any parking lot in an R-M, P-A, M-U, or C district covering an area of one thousand square feet or greater.

(6)

Any structure, except a single-family dwelling or accessory structure, having a floor area of one thousand square feet or greater, located in an A, R-1, HR or R-OS district.

(7)

Any mixed-use project.

(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 upon which the structure, expansion, alteration, addition or parking lot is to be constructed. 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.

(Amended by Ord. No. 272, § 2(Exh. A), 9-16-2009; Ord. No. 277, § 1(Exh. A), 4-21-2010; Ord. No. 399, § 1(Att. 1), 4-3-2024)

(a)

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

(1)

A site plan showing all of the following: (i) property lines, (ii) easements, (iii) dimensions, (iv) topography (i.e., existing and finished grade elevation data), and (v) the proposed layout of all structures and improvements including, where appropriate, driveways, pedestrian walks, parking and loading areas, landscaped areas, fences and walls, and (vi) the species, trunk diameter 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. The site plan shall indicate the locations of entrances and exits and the direction of traffic flow into and out of parking and loading areas, the location and dimension of each parking and loading space, and areas for turning and maneuvering vehicles.

(2)

Architectural drawings or sketches showing all building elevations of each proposed structure as they will appear upon completion. Such drawings shall include existing and proposed structure height measurements referenced from existing and proposed finished grade. All exterior surfacing materials and their colors shall be specified, and the size, location, material, colors and illumination of all signs shall be indicated.

(3)

A landscape and irrigation plan for the site, showing the locations of existing trees proposed to be retained on the site, the location of any proposed replacement trees, types and quantities of landscape plants and materials and irrigation systems, appropriate use of native plants, and water conserving plants and materials and irrigation systems, and all other landscape features.

(4)

Cross sections for each project located on a hillside lot.

(5)

Engineered grading and drainage plans with existing and proposed finished grade elevation data, including cross sections if the structure is to be constructed on a hillside lot. Disposition of on-site stormwater shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program (NPDES).

(6)

Floor plans showing 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.

(7)

Roof plans.

(8)

Such additional exhibits or information as may be required by the Community Development Director or the Planning Commission. 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 sets on sheets eleven inches by seventeen inches in size.

(9)

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, together with a deposit toward the expense of noticing the public hearing as determined by the Community Development Director.

(Amended by Ord. No. 272, § 2(Exh. A), 9-16-2009; Ord. No. 336, § 1.2, 12-2-2015)

Editor's note— Ord. No. 399, § 1(Att. A), adopted April 3, 2024, repealed § 15-46.032, which pertained to requirement for story poles and derived from Ord. No. 272, § 2(Exh. A), Sept. 16, 2009; Ord. No. 336, § 1.2, Dec. 2, 2015.

Editor's note— Ord. No. 406, § 1(Att. 1, § 8), adopted March 5, 2025, repealed § 15-46.035, which pertained to creek protection setbacks and derived from Ord. 71-184 § 6, 1998. The user's attention is directed to § 15-80.165 for similar provisions.

(a)

Except as to buildings subject to Section 15-46-040(b), the Planning Commission shall not grant design review approval unless it is able to make the following findings:

(1)

Where more than one building or structure will be constructed, the architectural features and landscaping thereof shall be harmonious. Such features include height, elevations, roofs, material, color and appurtenances.

(2)

Where more than one sign will be erected or displayed on the site, the signs shall have a common or compatible design and locational positions and shall be harmonious in appearance.

(3)

Landscaping shall integrate and accommodate existing trees and vegetation to be preserved; it shall make use of water-conserving plants, materials and irrigation systems to the maximum extent feasible; and, to the maximum extent feasible, it shall be clustered in natural appearing groups, as opposed to being placed in rows or regularly spaced.

(4)

Colors of wall and roofing materials shall blend with the landscape and be nonreflective.

(5)

Roofing materials shall be wood shingles, wood shakes, tile, or other materials such as composition as approved by the Planning Commission. No mechanical equipment shall be located upon a roof unless it is appropriately screened.

(6)

The proposed development shall be compatible in terms of height, bulk and design with other structures in the immediate area.

(b)

For any multi-family dwelling, including any building that meets the criteria of Section 15-21.020(c), the Planning Commission shall grant design review approval if it finds that the building meets the objective design standards of this Code including, without limitation, those identified in Article 15-58.

(Amended by Ord. 226 § 2 (part), 2003; Amended by Ord. No. 272, § 2(Exh. A), 9-16-2009)

(Ord. No. 402, § 1(Att. 1), 7-3-2024)

(a)

Design review approvals granted pursuant to this Article shall expire twenty-four months from the date on which the approval became effective, unless prior to such expiration date a building permit is issued for the improvements constituting the subject of the design review approval and construction thereof is commenced and prosecuted diligently toward completion, or a certificate of occupancy issued for such improvements.

(b)

Design review approvals may be extended for a single period of time not exceeding twelve months. The application for extension shall be filed prior to the expiration date, and shall be accompanied by the payment of a fee in such amount as established from time to time by resolution of the City Council. If a public hearing was conducted on the original design review application, a public hearing shall similarly be conducted on the application for extension and notice thereof shall be given in the same manner as prescribed in Section 15-46.020(b) of this Article. Extension of design review approval is not a matter of right and the approving authority may deny the application or grant the same subject to conditions. Neither the period of time specified in subsection (a) of this Section nor any extension period shall include the period of time during which a lawsuit involving the approval or conditional approval of the design review is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the Planning Commission.

(c)

Design review approvals approved in conjunction with an approved tentative subdivision map or approved use permit, or both, may be extended for a period or period of time not exceeding thirty-six months. The application for extension shall be filed in the manner prescribed in and shall be reviewed in accordance with the standards set forth in, Section 14-20.080(b) or Section 15-55.090(b) of the Code, respectively. (Amended by Ord. 71-119 § 1 (part), 1993; Amended by Ord. No. 272, § 2(Exh. A), 9-16-2009)

The design criteria specified in Section 15-46.040 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 having jurisdiction.

(Ord. No. 272, § 2(Exh. A), 9-16-2009)

Any 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.

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 § 2B, 2006)