Article 15-05

GENERAL PROVISIONS

(c) This Chapter may be cited as the Zoning Ordinance of the City. (Amended by Ord. 245 § 2 (Att. A) (part), 2006)

Sections:

(a) This Chapter establishes comprehensive zoning regulations for the City, which regulations shall consist of the following:

(1) Regulations, known as zoning regulations, governing the use of land and the placement of buildings and improvements within the various classes of districts; and

(2) A set of maps, referred to collectively as "the zoning map" and individually by map title, establishing and delineating various classes of districts within the City.

(3) A set of reference documents. Such documents, filed in Appendix A to this Chapter, are incorporated herein by reference and constitute a part of this Chapter.

(b) The zoning regulations and zoning map shall govern the use of land, including the construction, alteration, movement, replacement or maintenance of buildings; the conduct and density of residential, commercial, industrial and public service activities; the areas and dimensions of sites; the appearance, design, height, bulk and placement of structures on each site; the provision of open space, amenities, off-street parking and loading; the relationships between buildings and uses on adjoining sites or within adjoining classes of districts; and such further aspects of land use and development as are appropriate to attain the purposes of this Chapter.

The purposes of this Chapter shall be to promote and protect the public health, safety, peace, comfort, convenience, prosperity and general welfare, including the following more specific purposes:

(a) To control the physical development of the City in such a manner as to preserve it as essentially a residential community with a rural atmosphere.

(b) To achieve the arrangement of land uses depicted in the General Plan.

(c) To foster a harmonious, convenient, workable relationship among land uses.

(d) To promote the stability of existing land uses which conform with the General Plan, and to protect them from inharmonious influences and harmful intrusions.

(e) To ensure that public and private lands ultimately are used for the purposes, which are most appropriate and most beneficial from the standpoint of the City as a whole.

(f) To prevent population densities in excess of those prescribed in the General Plan, and to maintain a suitable balance between structures and open spaces on each site.

(g) To ensure adequate light, air and privacy for each dwelling unit.

(h) To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them.

(i) To facilitate the appropriate location of community facilities and institutions.

(j) To provide for adequate off-street parking and loading facilities.

(k) To provide for the orderly, attractive development of commercial facilities in those areas where permitted by the General Plan.

(l) To exclude new industrial development in order to preserve the essential residential character of the City.

(m) To preserve natural beauty of the City.

(n) To ensure that uses and structures enhance their sites and harmonize with improvements in the surrounding area.

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(Saratoga Supp. No. 57, 1-26)

15-05.020

(o) To protect and enhance real property values within the City.

(p) To protect and preserve heritage, native, and other significant trees at all times, including, the real property development planning and implementation processes. (Amended by Ord. 226 § 2 (part), 2003)

This Chapter shall apply to all property located within the City, except public streets, property and property rights owned by the City, railroad rights-ofway and underground public utility lines and facilities. With the above noted exceptions, this Chapter applies to all such property whether the same be owned by private persons, firms, corporations or organizations, or by the State or any of its agencies or political subdivisions, or by any County, or by any City with the exception of the City of Saratoga, and without limitation of the foregoing, is intended to apply fully to all property owned by or under the control of any authority or district, including school districts, organized under the laws of the State.

(a) No land shall be used, and no building or structure shall be erected, constructed, enlarged, altered, moved, or used in any district as shown on the zoning map except in conformity with the regulations for such district as established in this Chapter.

(b) Any approval required under this Chapter shall be conditioned upon compliance with all applicable City ordinances, regulations, and policies, including without limitation all applicable mitigation measures adopted in connection with environmental review of the proposed project or applicable plans. (Ord. No. 399, § 1(Att. 1), 4-3-2024)

In interpreting and applying the provisions of this Chapter, unless otherwise stated, the provisions shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.

(a) The designation of permitted and conditional uses for each zoning district shall be interpreted to

mean that any use which is not listed as being either a permitted or conditional use for such district is automatically prohibited.

(b) The Planning Director shall have authority to adopt administrative interpretations of the general categories of uses described in this Chapter. Such interpretations shall contain a list of particular activities which are classified as constituting a general category of use. Where a proposed activity is not listed, the Planning Director may amend his administrative interpretation to include the same, based upon his finding that:

(1) The proposed activity closely resembles the listed activities with respect to purpose, type, function and manner of operation; and

(2) The proposed activity is no more objectionable than the listed activities with respect to the level of noise, traffic, odors, disturbance, glare and other impacts normally associated with the listed activities; and

(3) The proposed activity is consistent with the general purposes of this Chapter and the specific purposes of the regulations for the zoning district in which the activity will be conducted.

Any administrative interpretation by the Planning Director hereunder may be appealed to the Planning Commission in accordance with the procedure set forth in Article 15-90 of this Chapter.

(a) Where conflict occurs between the regulations established by this Chapter and the provisions of any other law, ordinance, code or regulation effective within the City, the more restrictive of any such provisions shall apply.

(b) The provisions of this Chapter are not intended to interfere with, abrogate or annul any easement, covenant or other agreement now in effect; provided, however, that where the regulations established by this Chapter impose a greater restriction than imposed by any easement, covenant or agreement, the provisions of this Chapter shall apply.

The City Council shall, by resolution, establish a schedule of fees and costs for processing the various applications required by this Chapter. No application shall be deemed filed or complete until all documents

(Saratoga Supp. No. 57, 1-26)

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15-05.080

required in connection with such application have been submitted and all required fees and costs have been paid in full.

Any application for an approval pursuant to this Chapter shall be deemed abandoned if the City has requested payment of fees or costs or additional information in writing and there has been no response from the applicant within one hundred eighty days of the initial request, or a period required by statute for the submission of additional materials has passed without the required submittal. The City shall notify the applicant of the pending abandonment at least thirty days but no more than sixty days before it takes effect. The City shall return any unexpended funds on deposit. There shall be no refund of application fees for an abandoned application. An applicant may reapply at any time by submitting a new application and application fee.

as to form and content by the Community Development Director. If a defense is requested by the City, the City shall give prompt notice to such owner and applicant of the involved claim, action or proceeding, and shall cooperate fully in the defense thereof. Nothing herein shall prevent the City from providing its own defense, but if such defense is without the consent of the indemnifying party, the City shall pay its own attorney's fees and costs.

(b) The City may in addition require as follows with regard to the above-required agreement:

(1) Recordation of such agreement; and

(2) Proof of a policy or policies of liability and other insurance coverage (including, but not limited to, contractual liability coverage) consistent with the applicable insurance standards of the City, as established from time to time by resolution of the City Council. (Amended by Ord. No. 272, § 2(Exh. A), 9-16-2009)

(Ord. No. 413, § 1(Exh. A, § 22, 11-5-2025)

(a) The approval of any application pursuant to this Chapter shall be subject to a condition that the applicant and the owner of the property to which the approval applies agree, upon the City's request, to defend, indemnify and hold the City and its officers, officials, boards, commissions, employees, agents and volunteers harmless from and against:

(1) Any and all claims, actions or proceedings to attack, set aside, void or annul any action on the subject application, or any of the proceedings, acts or determinations taken, done or made prior to or in furtherance of said action; and

(2) Any and all claims, demands, actions, expenses or liabilities arising from or in any manner relating to construction, installation, alteration or grading work (whether on private or public property) which is the subject of the approval of the application and performed by such applicant and/or owner, their successors, or by any person acting on behalf of such applicant and/or owner.

In addition, prior to any Zoning Clearance from the Community Development Director, such applicant and owner shall execute an agreement implementing said condition, which shall be subject to prior approval

279

(Saratoga Supp. No. 58, 3-26)

Sections:

(Saratoga Supp. No. 58, 3-26)

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15-06.023

"Abandon" means to cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, reconstructing, replacing, maintaining or otherwise improving or rearranging a site or structure, or during normal periods of vacation or seasonal closure, or during brief periods of discontinuance in connection with a pending sale or other transfer of ownership or management of a use or structure. (Amended by Ord. 223 § 2 (part), 2003)