TOWN OF WOODSIDE...Conditional Uses OSH OSRL OSRM OSN OSM Covered or uncovered equestrian riding arenas. The CUP shall only be approved if the equestrian riding arena is an accessory

______________________________________________________________________________ Town Council Meeting November 27, 2012 Paved Coverage Page 1

TOWN OF WOODSIDE

Report to Town Council Agenda Item: 8

Prepared by: Sage Schaan, Senior Planner November 27, 2012 Reviewed by: Jackie C. Young, Planning Director Approved by: Kevin Bryant, Town Manager SUBJECT: ZOAM2010-0005 –Introduction of an Ordinance Amending Woodside

Municipal Code Chapter 153, Zoning, As It Pertains to Paved Area and Surface Coverage and Equestrian Riding Arena Regulations.

EXECUTIVE SUMMARY On February 28, 2012, April 24, 2012, and May 22, 2012, the Town Council reviewed potential changes to the paved coverage regulations. The Town Council took public input and discussed various possible amendments to the paved coverage and equestrian riding arena regulations. The Council determined that preserving the rural aesthetics of the Town is the main purpose of regulating paved area in residential zoning districts. The Town Council acknowledged that there is not a need to change paved area coverage regulations in the Community Commercial (CC) and Open Space zoning districts, and that staff should focus on amendments to the regulations in the residential districts. On July 18, 2012, September 26, 2012, October 3, 2012,and November 7, 2012, the Planning Commission reviewed draft ordinance amendments. After the July 18, 2012, meeting staff made various revisions to address and respond to the concerns expressed by the Planning Commission regarding the draft code language. On September 26, 2012, and October 3, 2012, the Planning Commission had detailed discussions on all of the proposed draft language. During the September and October Planning Commission meetings, the Commission directed staff to return with the final proposed changes to the ordinance before they adopted a resolution. On November 7, 2012, the Planning Commission adopted Resolution 2012-020 (Attachment 2)providing a recommendation to the Town Council to adopt an ordinance with the proposed code amendment language in the Resolution. Attachment 1 is a draft ordinance for consideration by the Town Council, with minor amendments recommended by the Town Attorney.The September 26, 2012, Planning Commission staff report (Attachment 5),and the November 7, 2012, Planning Commission staff report (Attachment 4) provide all the details and explanations of the proposed amendment language. This staff report includes the language that is in the Draft Ordinance and explains the changes that the Planning Commission has recommended since the Town Council last reviewed potential code amendments on May 22, 2012. RECOMMENDATION Staff recommends that the Town Council review all information, hear public comment,and introduce the Draft Ordinance (Attachment 1). CEQA Staff has determined that the proposed amendments are exempt from the California Environmental Quality Act (CEQA) since any increase in impervious surface permitted by this amendment will not increase offsite water runoff due to current regulations that prohibit increased water runoff as a result of any new development. Since the proposed amendment will not increase water runoff and will not permit development in areas that are currently


restricted from being developed, the project is exempt from CEQA pursuant to Sections 15061(b)(3)(no possibility that the activity may have a significant impact on the environment), of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations). REPORT OVERVIEW Changes to Paved Area Regulations This report breaks up the proposed changes to paved area regulations and equestrian riding arena regulations into five sections based on the following related topics: Code Change 1: Change to the Paved Area Coverage Title. Code Change 2: New Definitions for Paved Area Coverage and Principal Access Driveway

[153.005] Code Change 3: Changes for Equestrian Riding Arenas [153.026 & 153.049] Code Change 4: Changes to Paved Coverage Limits and New Exemptions [153.056

&153.047] Code Change 5: New Nonconforming Paved Area Regulations [153.301] Code Change 1: Change to the “Paved Area Coverage” Title The Town Council, Planning Commission, members of the public, and staff have expressed concern with the use of the words “Paved Area Coverage” since some of the features or materials that are being counted are not typically thought of as paved materials. There is also confusion about the title since some of the materials are pervious. The Planning Commission determined that using “Paved Area and Surface Coverage” would clarify thatsome materials that are counted towards the maximum paved area square footage permitted on a property are not typically thought of as paving materials, but provide surface coverage. The draft ordinance language has been altered to include the words “Paved Area and Surface Coverage” in the place of using “Paved Area” or “Paved Area Coverage”. Code Change2: New Definitions for Paved Area Coverage and Principal Access Driveway: Section 153.005 – Definitions Section 153.005 Definitions The Planning Commission was satisfied with the new definitions for Paved Area and Surface Coverage and Principal Access Driveway reviewed by the Town Council, but had a detailed discussion related to the inclusion of artificial grass in the definition.Although the Planning Commission recognized that some properties may now exceed the maximum allowable Paved Area and Surface Area Coverage by including artificial grass in the maximum square footage calculation, it determined that some type of gravel material is typically installed under artificial grass, and that artificial grass does not maintain the rural character of Woodside, which is heavily emphasized in the 2012 General Plan. The Planning Commission agreed with the Town Council to include artificial grass in the definition, but included an exemption for a defined amount of artificial grass. No changes were made to the definitions by the Planning Commission.The exception is further discussed under the Code Change 4 section of the report. Pages 6-8 of the September 26, 2012, Planning Commission report (Attachment 5) and pages 2-3 of the November 7, 2012, Planning Commission report (Attachment 4)provide detailed analysis of the proposed definitions.The proposed definitions in the Draft Ordinance in Attachment 1


read as follows:

PAVED AREA AND SURFACE COVERAGE. PAVED AREA AND SURFACE COVERAGE shall include:

(1) Materials including but not limited to, asphalt, bricks, concrete, decomposed

granite, gravel, pavers, plastic, rubber, sand, or similar materials applied to the surface of the ground that alter the natural appearance of a site.

(2) Features including but not limited to, artificial grass, stairs, decks three feet or less in height, driveways, on grade or below grade equipment pads without a cover/roof, parking areas, patios, spas/hot tubs, swimming pools, tennis courts with any type of surface material, walkways, manmade water features such as decorative pools, fountains, and manmade ponds.

PRINCIPAL ACCESS DRIVEWAY. A driveway leading to either the structure in which the primary use occurs, or the detached garage that serves the structure in which the primary use occurs, up to the maximum width permitted by Municipal Code Section 151.44. Portions of second driveways with separate access to a public or private road, or additional driveways that split from the principal access driveway, shall not be considered a Principal Access Driveway. If there is more than one driveway approach to the structure in which the primary use occurs, the shortest distance to either the structure in which the primary use occurs, or the detached garage that serves the structure in which the primary use occurs, shall be considered the Principal Access Driveway. Code Change3: Changes for Equestrian Riding Arenas: Section 153.026 Permitted, Conditional, Accessory Uses in Zoning Districts Section 153.049 Accessory Buildings and Uses Section 153.026 Permitted, Conditional, and Accessory Uses in Zoning Districts The Town Council and Planning Commission determined that equestrian riding arenas should not be counted towards the maximum allowable Paved Area and Surface Coverage, and that a Conditional Use Permit should be required for riding arenas that total more than 10% of the lot size. The Town Council determined that riding arenas should not be required to be setback from property lines similar to the setback requirements for paddocks, corrals, and pasture areas. The Planning Commission expressed concern with allowing equestrian riding arenas within side and rear setbacks, especially arenas that would be immediately adjacent to the property line.After receiving input from the public and having a detailed discussion related to the potential location of riding arenas, the Planning Commission determined that a 10-foot setback requirement for riding arenas is appropriate to provide a buffer between properties. Pages 8-11 of the September 26, 2012, Planning Commission report (Attachment 5) and pages 3-4 of the November 7, 2012, Planning Commission report (Attachment 4) provides detailed analysis of the changes to the regulations for equestrian riding arenas. The language below is included in the draft Ordinanceand would regulate equestrian riding arenas as a use in relation to the lot size and zoning district. The proposed language that would require all riding arenas to be setback at least 10 feet from all property lines and ingress/egress easements would be located in Municipal Code Section 153.049, since this section of the Municipal Code provides modified setbacks for different accessory uses.


153.026(A) PERMITTED, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS

TABLE A

Uses Zone Districts

Conditional Uses R-1 RR SR SCP CC Covered or uncovered equestrian riding arenas totaling more than 10% of the lot area. The CUP shall only be approved if the equestrian riding arena is an accessory not primary use on the property.

X

X

X

X

Uses Zone Districts

Accessory Uses R-1 RR SR SCP CC Covered or uncovered equestrian riding arenas totaling no more than 10% of the lot area.

X

X

X

X

TABLE B

Uses Zone Districts

Conditional Uses OSH OSRL OSRM OSN OSM Covered or uncovered equestrian riding arenas. The CUP shall only be approved if the equestrian riding arena is an accessory use on the property.

X

X

X

X

Section 153.049 Accessory Buildings and Uses The Town Council and Planning Commission determined that a Variance is an inappropriate tool to permit covered riding arenas over 1,500 square feet since there is not commonly a special circumstance related to the property to properly make the findings required for a Variance. The Planning Commission did not change the proposed language below, which changes how the Town regulates the size of covered riding arenas.

153.049(K) (A) The gross floor area of any accessory building shall not exceed 1,500 square

feet, except barns and stables, which shallmay not exceed 2,500 square feet, exceptunless the barn or stable is located in the OS or SCP Districts, where barns may not exceed 3,000 square feet.;


(B) The gross floor area of a covered equestrian riding arena shall not exceed the size permitted for an accessory use or permitted conditional use as outlined in Section 153.026(A) Table A, subject to the Total Floor Area limit for a property. Below is language from the Draft Ordinance that would regulate the size of covered riding arenas and the location of uncovered riding arenas. No changes are necessary to regulate the location of covered riding arenas since they must follow the required setbacks for all buildings.Pages 11-12 of the September 26, 2012, Planning Commission report (Attachment 5) and pages 4-5 of the November 7, 2012, Planning Commission report (Attachment 4) provide detailed analysis of the changes to how the size of covered equestrian riding arenas are regulated and changes to the required location of uncovered equestrian riding arenas.

153.049(M) All uncovered riding arenas shall be setback at least 10 feet from all property lines and

ingress/egress easements pursuant to Municipal Code Section 153.050(A)(2). Code Change4: Changes to Paved Coverage Limits and New Exemptions: Section 153.056 Measurement of Paved Coverage, Limits, and Exemptions Section 153.047 Lot Area and Building Limitations Table Section 153.056(A) The Planning Commission determined that the description of the measurement of Paved Area and Surface Coverage shall match the definitions shown above in Section 153.005. The Planning Commission did not make any changes to the measurement of paved area and surface coverage that was reviewed by the Town Council. Pages 12-13 of the September 26, 2012, Planning Commission report (Attachment 5) and page 5 of the November 7, 2012, Planning Commission report (Attachment 4) provide detailed analysis of how paved area and surface coverage would be measured. The proposed amendments to this section would read as follows:

153.056 MEASUREMENT OF PAVED AREA AND SURFACE COVERAGE, LIMITS, AND EXCEPTIONS

(A) Measurement of Paved Area and Surface Coverage. For the purpose of this chapter, PAVED AREA AND SURFACE COVERAGE shall include: (2) Materials including but not limited to, asphalt, bricks, concrete, decomposed



Section 153.056(B) The Town Council reviewed formulas to increase the amount of paved area and surface coverage allowed based on the lot size of properties that exceed the minimum lot size. The


Town Council determined that the formula should use a sliding scale as lot sizes get larger, but provide an overall maximum amount of paved area and surface coverage for each zoning district. The example formulas that were provided to Town Council allowed properties to install more paved coverage for parcels that were at least 5,000 square feet larger than the minimum lot size in the R-1 district and one-half acre larger than the minimum lot size in all other residential districts with a sliding scale of the additional square footage. The Planning Commission determined that lots need to be much larger than one-half acre over the minimum lot size in order to be permitted additional paved area and that the sliding scale range should be reduced from 2-5% to 1-3% of the additional square footage for all residential districts other than the R-1 district. The formula for the R-1 district has not changed since reviewed by the Town Council on May 22, 2012. The Planning Commission determined that in the SR and RR districts a property would have to be at least 300% the minimum lot size to allow additional paved area. Due to the large minimum lot size requirements in the SCP districts, the Planning Commission determined that a property would have to be at least 180% of the minimum lot size for the district. The Tables E-1 through E-6 in the Draft Ordinance and in the report below have been simplified so property owners will only need to input their lot area in the formula to determine the maximum paved area that is permitted on a property. Pages 13-17 of the September 26, 2012, Planning Commission report (Attachment 5) and pages 6-8 of the November 7, 2012, Planning Commission report (Attachment 4) provides detailed analysis of how the formulas would be applied to the various residential districts. The proposed language in the Draft Ordinance reads as follows:

(B) Residential and Special Conservation Planning Zoning Districts. Paved Area and Surface Coverage limits in the R-1, SR, RR, SCP-5, SCP-7.5, and SCP-10 zoning districts shall be subject to Tables E1 through E6:

Table E-1 Maximum Paved Area and Surface Coverage Single-Family Residential (R-1)

Lot Area Range

Nonconforming Lots

(<20,000 square feet)

Equal to 20,000

square feet to ≤ 25,000 square feet

>25,000 square feet

to ≤ 30,000 square feet

> 30,000 square feet to ≤ 35,000 square feet

>35,000 square feet to ≤ 40,000 square feet

>40,000 square feet

Maximum Paved Area and Surface Coverage Based on Lot Area

1.2 x Maximum

Residence Size permitted without an exception

1.2 x Maximum Residence

Size permitted without an exception

((Lot area - 25,000 s.f.) x 0.05) +

3,600 s.f. = Total

((Lot area - 30,000 s.f.) x 0.04) +

3,850 s.f. = Total

((Lot area - 35,000 s.f.) x

0.03) + 4,050 s.f. =

Total

((Lot area - 40,000 s.f.) x 0.02) + 4,200 s.f. = Total, up to a maximum

of 5,000 square feet


Table E-2 Maximum Paved Area and Surface Coverage Suburban Residential (SR)

Single-Family

Residential (R-1)

Nonconforming Lots

(<1 acre)

Equal to 1.0 acre to ≤ 3.0

acres > 3.0 to ≤ 4.0 acres

> 4.0 to ≤ 5.0 acres >5 acres

Maximum Paved Area and Surface Coverage

15,000 square feet or 50% of

the lot area, whichever is

less

15,000 square

feet

((Lot area – 3 acres) x 0.03) +

15,000 s.f. = Total

((Lot area - 4 acres) x 0.02) +

16,306.8 s.f. = Total

((Lot area – 5 acres) x 0.01) + 17,178 s.f. = Total, up to a maximum of 20,000 square

feet

Table E-3 Maximum Paved Area and Surface Coverage

Rural Residential (RR)

Lot Size

Nonconforming Lots

(<3 acres)



> 11.0 to ≤ 13.0 acres >13 acres




less

15,000 square

feet


15,000 s.f. = Total

((Lot area - 11 acres) x

0.02) + 16,306.8 s.f.

= Total

((Lot area – 13 acres) x

0.01) + 17,178 s.f. = Total, up to a maximum of

20,000 square feet


Special Conservation Planning - 5 Acre Minimum (SCP-5)

Lot Area Range

Nonconforming Lots

(<5 acres)

Equal to 5.0 acres to ≤ 9.0

acres >9.0 to ≤ 10.0 acres

> 10.0 to ≤ 11.0 acres >11.0 acres




less1

9,000 square feet1


9,000 s.f. = Total1


0.02) + 10,306.8 s.f.

= Total1


0.01) + 11,178 s.f. = Total1, up to a maximum of 15,000

square feet 1Lots my receive more paved area and surface coverage if a Paved Area and Surface Coverage Exception is approved subject to Municipal Code Section 153.047(G).


Table E-5 Maximum Paved Area Coverage Special Conservation Planning – 7.5 Acre Minimum (SCP-7.5)

Lot Area Range

Nonconforming Lots

<7.5 acres

Equal to 7.5 acre to

≤ 13.5 acres

>13.5 to ≤ 14.5 acres

> 14.5 to ≤ 15.5 acres >15.5 acres

Maximum Paved Area Coverage Based on Lot Area



less

9,000 square

feet

((Lot area – 13.5

acres) x 0.03) +

9,000 s.f. = Total

((Lot area – 14.5 acres) x

0.02) + 10,306.8 s.f.

= Total


0.01) + 11,178 s.f. = Total, up to a maximum of 15,000

square feet

Table E-6 Maximum Paved Area Coverage


Lot Area Range

Nonconforming Lots

<10 acres

Equal to 10.0 acre to ≤ 18 acres

>18 to ≤ 19.0 acres

> 19.0 to ≤ 20 acres >20 acres




less

9,000 square

feet

((Lot area – 18 acres) x 0.03) + 9,000 s.f. = Total


0.02) + 10,306.8 s.f.

= Total



square feet

Section 153.056(C) and 153.056(D) The Town Council and Planning Commission agreed that no changes are needed to the paved areand surface coverage standards in the Open Space and Commercial districts. The proposed sections below simply reorganize the location of these paved area requirements due to the proposed structure of the Municipal Code amendment.Page 17 of the September 26, 2012, Planning Commission report (Attachment 5) and page 8 of the November 7, 2012, Planning Commission report (Attachment 4)provide explanations of why the paved area and surface coverage standards have not changed for these zoning districts. The language would not change and would read as follows:

(C) Open Space Zoning Districts. Paved Area and Surface Coverage limits in the OSH, OSRL, OSRM, OSN, and OSM zoning districts shall be subject to the “Lot Area and Building Limitations” Table in Section 153.047(B)

(D) Community Commercial Zoning District. Paved Area and Surface Coverage limits in

the CC zoning district, and for any site designated for institutional use in the Town’s General Plan and used for such use, may be regulated under the terms of a conditional use permit or by the Architectural and Site Review Board. In no event shall the paved area and surface coverage allowed under this chapter for any site designated for institutional use in the Town’s General Plan exceed 25% of the total lot area.


Section 153.056(E) Proposed Section 153.056(E) includes all of the features that would be explicitly exempt from the paved area limitations. The Planning Commission had a detailed discussion to determine if artificial grass should be counted towards the maximum permitted paved area and surface coverage. The Planning Commission determined that that artificial grass should be counted, but there should be an exemption for up to 1,000 square feet of artificial grass. The Planning Commission also determined that that up to 1,000 square feet of gravel or a similar material that is not used for a driveway or parking area should not count towards the maximum permitted paved area and surface coverage. Other than the 1,000 square foot exemptions for artificial grass and gravel, the Planning Commission did not make any other changes to the exemptions reviewed by the Town Council on May 22, 2012.Pages 17-18 of the September 26, 2012, Planning Commission report (Attachment 5) and page 9 of the November 7, 2012, Planning Commission report (Attachment 4) provides a detailed analysis of how each of the proposed exemptions will be applied. The proposed amendments to this section would read as follows:

(E) Exceptions. The following features or designated portions thereof shall not count towards the maximum permitted paved coverage for each zoning district: (1) Equestrian riding arenas so long as there is no change in use. If a change in use

occurs all or a portion of the materials that are defined as paved area and surface coverage shall be removedso the remaining paved area and surface coverage on the property do not exceed the maximum permitted paved area and surface coverage.)

(2) Portions of principal access driveways that are beyond 50 feet from either the structure in which the primary use occurs, or the detached garage that serves the structure in which the primary use occurs.

(3) Up to 2,500 square feet for each required fire truck turnaround, or the size of the required fire turnaround, whichever is less.

(4) Portions of informal water features, such as ponds, or other water features without formal linear or uniform circular/oval shapes if the paved material does not project above the grade so long as the portions of such informal water features cover less than 2.5% of the lot area or 10,000 square feet, whichever is less.

(5) Required drainage facilities. (6) Retaining walls and landscape walls of any material. (7) Up to 1,000 square feet of green artificial grass. (8) Up to 1,000 square feet total of decomposed granite, gravel, sand, or similar

material that is not used for driveways or parking areas. Section 153.047 Lot Area and Building Limitations Table A footnote and references to other sections of the Municipal Code related to paved area have been added to the Table B. This will make users aware of all Municipal Code Sections that regulate paved area and surface coverage.


Code Change5: Changes to Nonconforming Paved Area Regulations Section 153.301 Limitations Applicable To Alterations, Additions, or

Replacement Section 153.301 Limitations Applicable To Alterations, Additions, or Replacement The Planning Commission determined that requiring a 25% reduction in nonconforming paved area and surface coverage when a property owner proposes to relocate a minor amount of paved area such as a required outdoor landing for a new exterior door was too restrictive. The Planning Commission recommend change includes Section 153.301(C)(2), which would allow property owners to relocate up to 250 square feet of paved area within a 12 month period without having to reduce the amount of nonconforming paved area. This would allow some minor flexibility with nonconforming paved areas. In order to begin the 12-month period, the owner would have to receive a final inspection on the relocated materials. If the permit for the relocated materials expired, the applicant would have to reinstate the permit and have a final inspection approved before the 12-month period could begin. The Planning Commission did not make any other changes to the nonconforming requirements other than structuring the language in Section 153.301(C)(3)(c). Pages 19-20 of the September 26, 2012, Planning Commission report (Attachment 5) and pages 10-11 of the November 7, 2012, Planning Commission report (Attachment 4) provide a detailed analysis of how the Town would treat properties with nonconforming paved area and surface coverage. Below is language in the Draft Ordinance:

153.301 LIMITATIONS APPLICABLE TO ALTERATIONS, ADDITIONS, OR REPLACEMENT, OR PAVED AREA AND SURFACE COVERAGE.

(C) Paved Area and Surface Coverage. Properties that exceed the maximum permitted paved area and surface coverage for the zoning district shall be subject to the following if: (1) Paved area and surface coverage may be repaired or replaced in the same

location.

(2) Paved area and surface coverage totaling no more than 250 square feet may be relocated within a 12 consecutive month period. The 12 consecutive month period shall begin on the date of receiving a final inspection of the relocated materials.

(3) Paved area and surface coverage totaling more than 250 square feet may be

relocated if:

(a) the relocation will result in elimination of the nonconformity, or

(b) the relocation will result in a reduction of 25% or more of the paved area and surface coverage which exceeds the maximum permitted paved area and surface coverage.

(c) Exceptions. Paved area and surface coverage totaling more than 250 square feet may not be relocated if:


(1) The Town has a survey on file that was associated with a permit issued after January 1, 2000, showing less paved area and surface coverage than is shown on the current application; and

(2) The Town does not have any additional evidence that the paved and surface coverage areas presented as existing at the time of application were permitted by the Town after the survey was prepared.

(3) If the records above do not exist, it shall be presumed that the paved area and surface coverage presented as existing at the time of application were installed in accordance with the Town’s regulations.

CONCLUSION The Draft Ordinance is based on input from the public, Town Council, Planning Commission and Town staff. The Town Council should review the proposed changes, take public input, and determine if the Draft Ordinance in Attachment 1 should be adopted or if modifications should be made to the Draft Ordinance. If the Town Council determines that the Draft Ordinance should be adopted, the Council should introduce it. If the Town Council determines that only minor changes need to be made, it should introduce the ordinance with minor changes. If the Town Council determines that substantive changes should be made, direction should be provided to staff to return for a review and first reading. After the Town Council completes a second reading, the ordinance would become effective 30 days after approval by the Council. ATTACHMENTS: 1. Draft Ordinance 2. Planning Commission Resolution 2012-020 3. All Written Public Correspondence 4. November 7, 2012, Planning Commission Staff Report (No Attachments unless requested) 5. September 26, 2012, Planning Commission Staff Report and all attachments (Town Council

Only unless requested)

ORDINANCE NO. 2012-_____

ORDINANCE OF THE TOWN OF THE TOWN OF WOODSIDE AMENDING MUNICIPAL CODE CHAPTER 153 AS IT PERTAINS TO PAVED AREA AND SURFACE COVERAGE AND

EQUESTRIAN RIDING ARENA REGULATIONS (ZOAM2010-0005)

WHEREAS, Municipal Code Chapter 153 provides regulations related to paved area

and equestrian riding arenas; and, WHEREAS, different interpretations regarding paved area have been applied in the

past; and WHEREAS, the current Municipal Code regulations do not specify the type of

materials that count towards paved area, and do not clarify which features and materials are exempt from the paved area regulations; and,

WHEREAS, most equestrian riding arenas use a type of rock as a subsurface, which

count towards the maximum allowable paved area, making it difficult to construct an equestrian riding arena without exceeding the maximum permitted paved area; and

WHEREAS, the Town of Woodside is committed to encouraging and appropriately

regulating equestrian facilities, such as equestrian riding arenas, with regard to their size and location; and

WHEREAS, the Town of Woodside is committed to inclusive public participation and

involvement in matters pertaining to the General Plan and its Elements, and the Zoning Code; and,

WHEREAS, on March 3, 2010, the Planning Commission conducted a duly noticed

public hearing and adopted a Resolution of Intent (PC Resolution No. 2010-004) to amend the Municipal Code as it pertains to paved area regulations; and,

WHEREAS, on September 28, 2010, February 28, 2012, April 24, 2012, and May 22,

2012, the Town Council conducted noticed public meetings at which time all oral and written comments and staff recommendations were presented to the Town Council for their review and consideration, and direction was provided to Town staff,and,

WHEREAS, on July 18, 2012, September 26, 2012, October 3, 2012, and November 7,

2012, the Planning Commission conducted duly noticed public hearings at which time all oral and written comments and a staff recommendation were presented to the Planning Commission for their review and consideration; and,

WHEREAS, on November 27, 2012, the Town Council conducted a duly noticed public hearing at which time all oral and written comments and a staff recommendation were presented to the Town Council for its review and consideration, and provided a first reading and introduction of this ordinance; and

WHEREAS, on December 11, 2012, the Town Council conducted a duly noticed public

meeting at which time all oral and written comments and a staff recommendation were

presented to the Town Council for its review and consideration, and provided a second reading of this ordinance.

NOW THEREFORE, THE TOWN COUNCIL ORDAINS AS FOLLOWS:

SECTION 1: Findings. The Town Council finds that properties that exceed the minimum lot size should be

permitted additional paved area up to a prescribed maximum depending on the lot size; and,

The Town Council finds thatuncovered equestrian riding arenas should be exempt from the paved area regulations and should be regulated as an accessory use; and,

The Town Council finds that the paved coverage regulations are being amended to

clarify which features and materials can be exempt from the regulations; and, The Town Council finds that any increase in impervious surface permitted by this

amendment will not increase offsite water runoff due to current regulations that prohibit increased water runoff as a result of any new development; and,

The Town Council finds that based on the finding above the adoption of this

ordinance is exempt from the California Environmental Quality Act (“CEQA”), pursuant to Sections 15061(b)(3)(no possibility that the activity may have a significant impact on the environment), of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations). Section 2: Amendment. Municipal Code Section 153.005, “Definitions,” is amended to read as follows: 153.005

PAVED AREA AND SURFACE COVERAGE.PAVED AREA AND SURFACE COVERAGE shall include:

(1) Materials including but not limited to, asphalt, bricks, concrete, decomposed



PRINCIPAL ACCESS DRIVEWAY. A driveway leading to either the structure in which

the primary use occurs, or the detached garage that serves the structure in which the primary use occurs, up to the maximum width permitted by Municipal Code Section 151.44. Portions of second driveways with separate access to a public or private road, or additional driveways that split from the principal access driveway, shall not be considered a Principal Access Driveway. If there is more than one driveway approach to

the structure in which the primary use occurs, the shortest distance to either the structure in which the primary use occurs, or the detached garage that serves the structure in which the primary use occurs, shall be considered the Principal Access Driveway.

Section 3: Amendment. Municipal Code Section 153.026, “Permitted, Conditional, and Accessory Uses in Zoning Districts,” is amended to read as follows:

153.026(A) TABLE A

Uses Zone Districts

Conditional Uses R-1 RR SR SCP CC Covered or uncovered equestrian riding arenas totaling more than 10% of the lot area. The CUP shall only be approved if the equestrian riding arena is an accessory not primary use on the property.

X

X

X

X

Uses Zone Districts


X

X

X

X

TABLE B

Uses Zone Districts

Conditional Uses OSH OSRL OSRM OSN OSM Covered or uncovered equestrian riding arenas. The CUP shall only be approved if the equestrian riding arena is an accessory use on the property.

X

X

X

X

Section 4: Amendment. Municipal Code Section 153.047, “Building Limitations,” is amended to read as follows:

Table B Lot Area and Building Limitations

ZoneDistrict MinimumLotArea Minimum AverageLot WidthinFeet

Required Minimum Setbacks

HeightLimitinFeet2

TotalFloorArea (TFA)

MaximumPavedAreaand Surface Coverage6

MaximumSizeof MainResidences5

R-1

20,000 squarefeet

80

SeeTableC

28

1.4 x Maximum ResidenceSize

1.2 x Maximum ResidenceSize

10%oflotarea+

1,000sq.ft.,uptoa permittedwithoutan permittedwithoutan maximumof3,000 exception,uptoa exception sq.ft.(subjecttoTFA maximumof36%of limit) the lotarea

SR

1 acre

100

SeeTableC

30

18.0%oflotarea

15,000 squarefeet

4,000squarefeet RR 3acres 175 SeeTableC 30 9.00%oflotarea 15,000 squarefeet 6,000squarefeet

SCP-5 5acres 200 SeeTableC 30 5.50%oflotarea 9,000squarefeet 6,000squarefeet SCP-7.5 71

/2acres 200 SeeTableC 30 3.50%oflotarea 9,000squarefeet 6,000squarefeet SCP-10 10acres 200 SeeTableC 30 2.75% of lotarea 9,000squarefeet 6,000squarefeet OSH4 none none SeeTableC 24 2.75%oflotarea 2.75% 1,500squarefeet

OSRL4

none

none

SeeTableC 24 2.75%oflotarea 2.75%

1,500squarefeet OSRM4 none none SeeTableC 24 2.75%oflotarea 2.75% 1,500squarefeet OSN4 none none SeeTableC 24 2.75%oflotarea 2.75% 1,500squarefeet

OSM4 none none SeeTableC 24 2.75%oflotarea 2.75% 1,500squarefeet

CC 10,000squarefeet 40 SeeTableC 253 20%maximum See § 153.056(D) buildingcoverage 1 See§153.021oftheWoodsideMunicipal Code 2 See§153.047(C)oftheWoodsideMunicipal Code 3 See§153.048oftheWoodsideMunicipalCode 4 ThesubjectbuildinglimitationsrespectingtheOSH,OSRL,OSRM,OSN,andOSMDistrictsshallbeapplied,andallusesthereinbelimited,inamannerthatwill

reasonablyrestrictstructurestothosepresentlyexistingortoreplacementsthereofandwilllimitthenumber,size,anddispersionofallstructureswiththegoalofoptimum preservationoftheopenspaceandenhancementoftheruralcharacteristicsoftheopenspace.

5 Forexceptionstomaximumresidencesizelimitations,see§153.047(E)oftheWoodsideMunicipalCode 6 See§153.047(G), § 153.056, and §153.301(C) for additional Paved Area and Surface Coverage regulations. Some nonconforming lots will be permitted less paved area

than shown in Table B

Section 5: Amendment. Municipal Code Section 153.047(G), “Building Limitations,” is amended to read as follows:

An exception may be granted to the maximum paved area and surface coverage in the SCP-5 Zoning District by the Planning Director:

(1) Where the average slope of the entire parcel is less than 10%;and

(2) If a recreational court is proposed, the average slope of the area beneath the proposed recreational court before grading must be less than 5%;

(3) If a septic system is the method of waste disposal, a proven area for a 100% expansion of a septic leachfield must exist;

(4) The maximum paved area and surface coverage if an exception is granted mayit does not exceed:

(a) 15,000 square feet on lots three acres or larger;

(b) 12,000 square feet on lots two to 2.99 acres. Section 6: Amendment. Municipal Code Section 153.049, “Accessory Buildings and Uses,” is amended to read as follows:

153.049(K) (A) The gross floor area of any accessory building shall not exceed 1,500 square

feet, except barns and stables, whichshallmaynot exceed 2,500 square feet, exceptunless the barn or stable is located in the OS or SCP Districts, where barns may not exceed 3,000 square feet.;

(B) The gross floor area of a covered equestrian riding arena shall not exceed the size permitted for an accessory use or permitted conditional use as outlined in Section 153.026(A) Table A, subject to the Total Floor Area limit for a property.


ingress/egress easements pursuant to Municipal Code Section 153.050(A)(2). Section 7: Amendment. Municipal Code Section 153.056, “Measurement of Paved Area Coverage,” is amended to read as follows: 153.056 MEASUREMENT OF PAVED AREA AND SURFACE COVERAGE, LIMITS AND EXCEPTIONS

For the purposes of this chapter, PAVED AREA COVERAGE shall include, but not be limited to, tennis courts, swimming pools, patios, walkways, decks three feet or less in height, parking areas and driveways. PAVED AREA COVERAGE shall not include the principal access driveway to the main building located in excess of 50 feet from the exterior walls of the main building, except in the OS District. The paved area coverage for the CC District, and for any site designated for institutional use in the Town’s General Plan and used for such use, may be regulated under the terms of a conditional use permit or by the Architectural and Site Review Board. In no event shall the paved area coverage allowed under this chapter for any

site designated for institutional use in the Town’s General Plan exceed 25% of the total lot area.

(A) Measurement of Paved Area and Surface Coverage. For the purpose of this chapter, PAVED AREA AND SURFACE COVERAGE shall include: (1) Materials including but not limited to, asphalt, bricks, concrete, decomposed





Lot Area Range

Nonconforming Lots


Equal to 20,000

square feet to ≤ 25,000 square feet

>25,000 square feet

to ≤ 30,000 square feet

> 30,000 square feet to ≤ 35,000 square feet


>40,000 square feet


1.2 x Maximum




((Lot area - 25,000 s.f.) x 0.05) +

3,600 s.f. = Total

((Lot area - 30,000 s.f.) x 0.04) +

3,850 s.f. = Total

((Lot area - 35,000 s.f.) x

0.03) + 4,050 s.f. =

Total

((Lot area - 40,000 s.f.) x 0.02) + 4,200 s.f. = Total, up to a maximum

of 5,000 square feet


Single-Family

Residential (R-1)

Nonconforming Lots

(<1 acre)







less

15,000 square

feet


15,000 s.f. = Total

((Lot area - 4 acres) x 0.02) +

16,306.8 s.f. = Total

((Lot area – 5 acres) x 0.01) + 17,178 s.f. = Total, up to a maximum of 20,000 square

feet


Rural Residential (RR)

Lot Size

Nonconforming Lots

(<3 acres)



> 11.0 to ≤ 13.0 acres >13 acres




less

15,000 square

feet


15,000 s.f. = Total

((Lot area - 11 acres) x

0.02) + 16,306.8 s.f.

= Total


0.01) + 17,178 s.f. = Total, up to a maximum of

20,000 square feet



Lot Area Range

Nonconforming Lots

(<5 acres)



> 10.0 to ≤ 11.0 acres >11.0 acres




less1

9,000 square feet1


9,000 s.f. = Total1


0.02) + 10,306.8 s.f.

= Total1


0.01) + 11,178 s.f. = Total1, up to a maximum of 15,000



Special Conservation Planning – 7.5 Acre Minimum (SCP-7.5)

Lot Area Range

Nonconforming Lots

<7.5 acres

Equal to 7.5 acre to

≤ 13.5 acres

>13.5 to ≤ 14.5 acres

> 14.5 to ≤ 15.5 acres >15.5 acres




less

9,000 square

feet

((Lot area – 13.5

acres) x 0.03) +

9,000 s.f. = Total


0.02) + 10,306.8 s.f.

= Total



square feet



Lot Area Range

Nonconforming Lots

<10 acres


>18 to ≤ 19.0 acres





less

9,000 square

feet

((Lot area – 18 acres) x 0.03) + 9,000 s.f. = Total


0.02) + 10,306.8 s.f.

= Total



square feet


(D) Community Commercial Zoning District. Paved Area and Surface Coverage limits in

the CC zoning district, and for any site designated for institutional use in the Town’s General Plan and used for such use, may be regulated under the terms of a Conditional Use Permit or by the Architectural and Site Review Board. In no event shall the paved area and surface coverage allowed under this chapter for any site designated for institutional use in the Town’s General Plan exceed 25% of the total lot area.

(E) Exceptions. The following features or designated portions thereof shall not count

towards the maximum permitted paved coverage for each zoning district: (1) Equestrian riding arenas so long as there is no change in use. If a change in use

occurs all or a portion of the materials that are defined as paved area and surface coverage shall be removedso the remaining paved area and surface coverage on the property do not exceed the maximum permitted paved area and surface coverage.)



(4) Portions of informal water features, such as ponds, or other water features without formal linear or uniform circular/oval shapes if the paved material does not project above the grade so long as the portions of such informal water features cover less than 2.5% of the lot area or 10,000 square feet, whichever is less.

(5) Required drainage facilities. (6) Retaining walls and landscape walls of any material. (7) Up to 1,000 square feet of green artificial grass.

(8) Up to 1,000 square feet total of decomposed granite, gravel, sand, or similar material that is not used for driveways or parking areas.

Section 8: Amendment. Municipal Code Section 153.301, “Limitations Applicable To Alterations, Additions, or Replacement,” is amended to read as follows: 153.301 LIMITATIONS APPLICABLE TO ALTERATIONS, ADDITIONS, OR REPLACEMENT, OR PAVED AREA AND SURFACE COVERAGE.

(C) Paved Area and Surface Coverage. Properties that exceed the maximum permitted paved area and surface coverage for the zoning district shall be subject to the following if: (1) Paved area and surface coverage may be repaired or replaced in the same

location.

(2) Paved area and surface coverage totaling no more than 250 square feet may be relocated within a 12 consecutive month period. The 12 consecutive month period shall begin on the date of receiving a final inspection of the relocated materials.

(3) Paved area and surface coverage totaling more than 250 square feet may be

relocated if:


(b) the relocation will result in a reduction of 25% or more of the paved area and surface coverage which exceeds the maximum permitted paved area and surface coverage.

(c) Exceptions. Paved area and surface coverage totaling more than 250 square feet may not be relocated if:

(1) The Town has a survey on file that was associated with a permit

issued after January 1, 2000, showing less paved area and surface coverage than is shown on the current application; and

(2) The Town does not have any additional evidence that the paved and surface coverage areas presented as existing at the time of application were permitted by the Town after the survey was prepared.

(3) If the records above do not exist, it shall be presumed that the paved area and surface coverage presented as existing at the time of application were installed in accordance with the Town’s regulations.

SECTION 9: Severability.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase

of this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of the Ordinance or any part thereof.

The Town Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. SECTION 10: Effective Date.

Pursuant to Section 36937 of the Government Code of the State of California, the

Ordinance shall take effect and be in full force and effect thirty (30) days after its final passage. SECTION 11: Publication.

The Town Clerk shall cause this Ordinance to be published in accordance with the

requirements of Section 36933 of the Government Code of the State of California.

* * * * * * * * * * * *

I, the undersigned, hereby certify that the foregoing Ordinance is a full, true and correct copy of Ordinance No. 2012 - ___ of the Town of Woodside entitled as above; that it was introduced on the 27th of November 2012, and was passed and adopted by the Town Council on the 11th of December 2012, by the following vote: AYES, Councilmembers: NOES, Councilmembers: ABSENT, Councilmembers: ABSTAIN, Councilmembers:

___________________________ Clerk of the Town of Woodside

APPROVED: ___________________________ Mayor of the Town of Woodside

RESOLUTION NO. 2012-020

BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF WOODSIDE RECOMMENDING THAT THE TOWN COUNCIL APPROVE AN

ORDINANCE TO AMEND MUNICIPAL CODE CHAPTER 153 AS IT PERTAINS TO PAVED AREA AND SURFACE COVERAGE AND EQUESTRIAN RIDING

ARENA REGULATIONS (ZOAM2010-0005)

WHEREAS, Municipal Code Chapter 153 provides regulations related to paved area,

and equestrian riding arenas; and, WHEREAS, different interpretations regarding paved area have been applied in the

past; and WHEREAS, the current Municipal Code regulations do not specify the type of

materials that count towards paved area, and do not clarify which features and materials that are exempt from the paved area regulations; and,

WHEREAS, most equestrian riding arenas use a type of rock as a subsurface, which

count towards the maximum allowable paved area, making it difficult to construct an equestrian riding arena without exceeding the maximum permitted paved area; and

WHEREAS, the Town of Woodside is committed to encouraging and appropriately

regulating equestrian facilities, such as equestrian riding arenas with regard to their size and location; and

WHEREAS, the Town of Woodside is committed to inclusive public participation and

involvement in matters pertaining to the General Plan and its Elements, and the Zoning Code; and,

WHEREAS, on March 3, 2010, the Planning Commission conducted a duly noticed

public hearing and adopted a Resolution of Intent (PC Resolution No. 2010-004) to amend the Municipal Code as it pertains to paved area and equestrian riding arenas; and,

WHEREAS, on September 28, 2010, February 28, 2012, April 24, 2012, and May 22,

2012, the Town Council conducted duly noticed public hearings at which time all oral and written comments and staff recommendations were presented to the Town Council for their review and consideration, and direction was provided to Town staff, and,

WHEREAS, on July 18, 2012, September 26, 2012, October 3, 2012, and November 7,

2012, the Planning Commission conducted a duly noticed public hearing at which time all oral and written comments and a staff recommendation were presented to the Planning Commission for their review and consideration; and,

WHEREAS, the Planning Commission opined that the paved area regulations are being

11/7/2012 Page 2 of 10

amended to clarify the current application of paved area regulations; and,

WHEREAS, the Planning Commission finds that properties that exceed the minimum lot size should be permitted additional paved area up to a prescribed maximum depending on the lot size; and,

WHEREAS, the Planning Commission finds that uncovered equestrian riding arenas

should be exempt from the paved area regulations and should be regulated as an accessory use; and,

WHEREAS, the Planning Commission finds that the paved coverage regulations are

being amended to clarify which features and materials can be exempt from paved area the maximum permitted paved area; and,

WHEREAS, any increase in impervious surface permitted by this amendment will not

increase offsite water runoff due to current State regulations that prohibit increased water runoff as a result of any new development; and,

WHEREAS, based on the recital above the Planning Commission recommends that the

Town Council find that the adoption of this ordinance is exempt from the California Environmental Quality Act (“CEQA”), pursuant to Sections 15061(b)(3)(no possibility that the activity may have a significant impact on the environment), of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations).

DECISION

NOW THEREFORE IT BE RESOLVED, the Planning Commission recommends

the following:

Section 1. Amendment. Municipal Code Section 153.005, “Definitions,” be amended to read as follows: 153.005

PAVED AREA AND SURFACE COVERAGE. Any materials such as asphalt, bricks, concrete, decomposed granite, gravel, pavers, plastic, rubber, sand, or similar materials applied to the surface of the ground that alters the natural appearance of a site. Paved Area Coverage features include but are not limited to, artificial grass, stairs, decks three feet or less in height, driveways, on grade or below grade equipment pads without a cover/roof, parking areas, patios, spas/hot tubs, swimming pools, tennis courts with any type of surface material, walkways, manmade water features such as decorative pools, fountains, and manmade ponds.

PRINCIPAL ACCESS DRIVEWAY. A driveway leading to either the structure in

which the primary use occurs, or the detached garage that serves the structure in which the primary use occurs, up to the maximum width permitted by Municipal Code Section

11/7/2012 Page 3 of 10

151.44. Portions of second driveways with separate access to a public or private road, or additional driveways that split from the principal access driveway, shall not be considered a Principal Access Driveway. If there is more than one driveway approach to the structure in which the primary use occurs, the shortest distance to either the structure in which the primary use occurs, or the detached garage that serves the structure in which the primary use occur, shall be considered the Principal Access Driveway.

Section 2. Amendment. Municipal Code Section 153.026, “Permitted, Conditional, and Accessory Uses in Zoning Districts,” be amended to read as follows:

153.026(A) TABLE A

Uses Zone Districts

Conditional Uses R-1 RR SR SCP CC Covered or uncovered equestrian riding arenas totaling more than 10% of the lot area. The CUP shall only be approved if the equestrian riding arena is an accessory use to a primary use on the property.

X

X

X

X

Uses Zone Districts

Conditional Uses OSH OSRL OSRM OSN OSM Covered or uncovered equestrian riding arenas. The CUP shall only be approved if the equestrian riding arena is an accessory use to a primary use on the property.

X

X

X

X

Uses Zone Districts


X

X

X

X

Section 3. Amendment. Municipal Code Section 153.047, “Building Limitations,” be amended to read as follows:

7/18/2012 Page 4 of 10

Table B Lot Area and Building Limitations

Zone District Minimum Lot A rea Minimum A verage Lot W idth in Feet

Required Minimum Setbacks

Height Limit in Feet2

Total Floor A rea (TFA )

Maximum Paved A rea and Surface Coverage6

Maximum Siz e of Main Residences5

R-1

20,000 square feet

80 See Table C 28

1.4 x Maximum Residence Size

1.2 x Maximum Residence Size

10% of lot area + 1,000 sq. ft., up to a

permitted without an permitted without an maximum of 3,000 exception, up to a exception sq. ft. (subject to TFA

maximum of 36% of li mit) the lot area

SR

1 acre

100 See Table C 30

18.0% of lot area 15,000 square feet 4,000 square feet RR 3 acres 175 See Table C 30 9.00% of lot area 15,000 square feet 6,000 square feet

SCP-5 5 acres 200 See Table C 30 5.50% of lot area 9,000 square feet 6,000 square feet SCP-7.5 7 1/2 acres 200 See Table C 30 3.50% of lot area 9,000 square feet 6,000 square feet SCP-10 10 acres 200 See Table C 30 2.75 % of lot area 9,000 square feet 6,000 square feet OSH4 none none See Table C 24 2.75% of lot area 2.75% 1,500 square feet

OSRL4

none

none See Table C 24 2.75% of lot area 2.75% 1,500 square feet OSRM4 none none See Table C 24 2.75% of lot area 2.75% 1,500 square feet OSN4 none none See Table C 24 2.75% of lot area 2.75% 1,500 square feet

OSM4 none none See Table C 24 2.75% of lot area 2.75% 1,500 square feet

CC 10,000 square feet 40 See Table C 25 3 20% maximum See § 153.056(D) building coverage 1 See § 153.021 of the Woodside Municipal Code 2 See § 153.047(C) of the Woodside Municipal Code 3 See § 153.048 of the Woodside Municipal Code 4 The subject building limitations respecting the OSH, OSRL, OSRM, OSN, and OSM Districts shall be applied, and all uses therein be limited, in a manner that

will reasonably restrict structures to those presently existing or to replacements thereof and will limit the number, size, and dispersion of all structures with the goal of optimum preservation of the open space and enhancement of the rural characteristics of the open space.

5 For exceptions to maximum residence size limitations, see § 153.047(E) of the Woodside Municipal Code 6 See §153.047(G), § 153.056, and § 153.301(C) for additional Paved Area and Surface Coverage regulations. Some nonconforming lots will be permitted less paved area

than shown in Table B

7/18/2012 Page 5 of 10

Section 4. Amendment. Municipal Code Section 153.047(G), “Building Limitations,” be amended to read as follows:

An exception may be granted to the maximum paved area and surface coverage in the SCP-5 Zoning District by the Planning Director:

(1) Where the average slope of the entire parcel is less than 10%; and

(2) If a recreational court is proposed, the average slope of the area beneath the proposed recreational court before grading must be less than 5%;

(3) If a septic system is the method of waste disposal, a proven area for a 100% expansion of a septic leachfield must exist;

(4) The maximum paved area and surface coverage if an exception is granted may not exceed:

(a) 15,000 square feet on lots three acres or larger;

(b) 12,000 square feet on lots two to 2.99 acres. Section 5. Amendment. Municipal Code Section 153.049, “Accessory Buildings and Uses,” be amended to read as follows:

153.049(K) The gross floor area of any accessory building shall not exceed 1,500 square feet,

except barns and stables, which may not exceed 2,500 square feet, except in the OS and SCP Districts, where barns may not exceed 3,000 square feet. The gross floor area of a covered equestrian riding arena shall not exceed the size permitted as an accessory use or permitted with a Conditional Use Permit as outlined in Section 153.026(A) Table A, or subject to the Total Floor Area limit for a property, whichever is less.

153.049(M) All uncovered riding arenas shall be setback at least 10 feet from all property lines

and ingress/egress easements pursuant to Municipal Code Section 153.050(A)(2). Section 6. Amendment. Municipal Code Section 153.056, “Measurement of Paved Area Coverage,” be amended to read as follows: 153.056 MEASUREMENT OF PAVED AREA AND SURFACE COVERAGE, LIMITS AND EXEMPTIONS

For the purposes of this chapter, PAVED AREA COVERAGE shall include, but not be limited to, tennis courts, swimming pools, patios, walkways, decks three feet or less in height, parking areas and driveways. PAVED AREA COVERAGE shall not include the principal access driveway to the main building located in excess of 50 feet from the exterior walls of the main building, except in the OS District. The paved area coverage for the CC District, and for any site designated for institutional use in the Town’s General

11/7/2012 Page 6 of 10

Plan and used for such use, may be regulated under the terms of a conditional use permit or by the Architectural and Site Review Board. In no event shall the paved area coverage allowed under this chapter for any site designated for institutional use in the Town’s General Plan exceed 25% of the total lot area.

(A) Measurement of Paved Area and Surface Coverage. For the purpose of this chapter, PAVED AREA AND SURFACE COVERAGE shall include: (1) Materials including but not limited to, asphalt, bricks, concrete,

decomposed granite, gravel, pavers, plastic, rubber, sand, or similar materials applied to the surface of the ground that alter the natural appearance of a site.




Lot Area Range

Nonconforming Lots


Equal to 20,000

square feet to ≤

25,000 square feet

>25,000 square feet

to ≤ 30,000

square feet

> 30,000 square feet to ≤ 35,000

square feet


>40,000 square feet


1.2 x Maximum




3,600 s.f. + 0.05 x Lot

area - 25,000

s.f.= Total

3,850 s.f. + 0.04 x Lot

area - 30,000 s.f.=Total

4,050 s.f. + 0.03 x Lot

Area - 35,000

s.f.=Total

4,200 s.f. + 0.02 x Lot area

- 40,000 s.f.=Total, up to a maximum of 5,000 square

feet

11/7/2012 Page 7 of 10


Single-Family

Residential (R-1)

Nonconforming Lots

(<1 acre)







less

15,000 square

feet

15,000 s.f. + 0.03 x

Lot area – 3.0 acres=

Total

16,306.8 s.f. + 0.02 x Lot area - 4.0

acres=Total

17,178 s.f. + 0.01 x Lot Area – 5.0

acres=Total up to a

maximum of 20,000 square

feet

Table E-3 Maximum Paved Area and Surface Coverage Rural Residential (RR)

Lot Size

Nonconforming Lots

(<3 acres)



> 11.0 to ≤ 13.0 acres >13 acres




less

15,000 square

feet

15,000 s.f. + 0.03 x


Total

16,306.8 s.f. + 0.02 x Lot area - 11.0 acres=Total

17,178 s.f. + 0.01 x Lot

Area – 11.0 acres=Total

up to a maximum of

20,000 square feet

Table E-4 Maximum Paved Area and Surface Coverage Special Conservation Planning - 5 Acre Minimum (SCP-5)

Lot Area Range

Nonconforming Lots

(<5 acres)



> 10.0 to ≤ 11.0 acres >11.0 acres




less1

9,000 square feet1

9,000 s.f. + 0.03 x Lot area – 9.0

acres = Total1

10,306.8 s.f. + 0.02 x Lot area - 10.0

acres=Total1

11,178 s.f. + 0.01 x Lot Area - 11

acres=Total1 up to a

maximum of 15,000


11/7/2012 Page 8 of 10


Lot Area Range

Nonconforming Lots

<7.5 acres

Equal to 7.5 acre to ≤ 13.5 acres

>13.5 to ≤ 14.5 acres

> 14.5 to ≤ 15.5 acres >15.5 acres




less

9,000 square

feet

9,000 s.f. + 0.03 x

Lot area – 13.5

acres= Total


11,178 s.f. + 0.01 x Lot Area - 15.5 acres=Total,

up to a maximum of

15,000 square feet

Table E-6 Maximum Paved Area Coverage Special Conservation Planning - 10 Acre Minimum (SCP-10)

Lot Area Range

Nonconforming Lots

<10 acres


>18 to ≤ 19.0 acres





less

9,000 square

feet

9,000 s.f. + 0.03 x

Lot area – 18 acres=

Total


11,178 s.f. + 0.01 x Lot Area - 20

acres=Total, up to a

maximum of 15,000

square feet


(D) Community Commercial Zoning District. Paved Area and Surface Coverage

limits in the CC zoning district, and for any site designated for institutional use in the Town’s General Plan and used for such use, may be regulated under the terms of a conditional use permit or by the Architectural and Site Review Board. In no event shall the paved area and surface coverage allowed under this chapter for any site designated for institutional use in the Town’s General Plan exceed 25% of the total lot area.

(E) Exemptions. The following features shall not count towards the maximum

permitted paved coverage for each zoning district: (1) Equestrian riding arenas. (Exempt equestrian riding arenas may not be

permitted to change to another use unless all materials that are defined as

11/7/2012 Page 9 of 10

paved area and surface coverage are removed, or the paved area and surface materials from the converted riding arena plus the remaining paved area and surface coverage on the property do not exceed the maximum permitted paved area and surface coverage.)



(4) Informal water features, such as, ponds, or other water features without formal linear or uniform circular/oval shapes, and without paved material projecting above the grade. Portions of such informal water features exceeding 2.5% of the lot area or 10,000 square feet, whichever is less, shall count towards the maximum permitted paved area and surface coverage.

(5) Required drainage facilities. (6) Retaining walls and landscape walls of any material. (7) Up to 1,000 square feet of green artificial grass. (8) Up to 1,000 square feet total of decomposed granite, gravel, sand, or

similar material that is not used for driveways or parking areas. Section 7. Amendment. Municipal Code Section 153.301, “Limitations Applicable To Alterations, Additions, or Replacement,” be amended to read as follows: 153.301 LIMITATIONS APPLICABLE TO ALTERATIONS, ADDITIONS, OR REPLACEMENT, OR PAVED AREA AND SURFACE COVERAGE.

(C) Paved Area and Surface Coverage. Properties that exceed the maximum permitted paved area and surface coverage for the zoning district shall be subject to the following: (1) Nonconforming paved area and surface coverage may be repaired

or replaced in the same location.

(2) Nonconforming paved area and surface coverage totaling no more than 250 square feet may be relocated within a 12 consecutive month period. The 12 consecutive month period shall begin on the date of receiving a final inspection of the relocated materials.

(3) Nonconforming paved area and surface coverage totaling more than

250 square feet may be relocated if:


(b) the relocation will result in a reduction of 25% or more of the paved area and surface coverage that exceeds the maximum

11/7/2012 Page 10 of 10

permitted paved area and surface coverage.

Section 153.301(C)(3) shall be permitted unless the following occurs: (i) The Town has a survey on file that was approved after

January 1, 2000, which shows less paved area and surface coverage than is shown on the current application; and

(ii) the Town does not have evidence that the paved and surface coverage areas presented as existing at the time of application were permitted by the Town after the survey was prepared.

If the records above do not exist, it shall be presumed that the paved area and surface coverage presented as existing at the time of application were installed in accordance with the Town’s regulations.

PASSED AND ADOPTED this 7th day of November 2012, by the following vote: AYES: Commissioners: Volke, Muller, Rosecrans, and Vice Chair Hobson NOES: Commissioners: ABSENT: Commissioners: Thompson, Kutay, and Chair Yost ABSTAIN: Commissioners: APPROVED: Elizabeth Hobson, Vice Chair ATTEST:

Planning Secretary

______________________________________________________________________________ Planning Commission Meeting November 7, 2012 Paved Coverage Page 1

TOWN OF WOODSIDE REPORT TO PLANNING COMMISSION Meeting Date: November 7, 2012 Agenda Item: 4 Prepared by: Sage Schaan, Senior Planner Reviewed by: Jackie C. Young, Planning Director Title: ZOAM2010-0005 - Review and recommend approval, conditional approval, or denial to the Town Council of an ordinance to amend the Woodside Municipal Code, including Sections 153.005, 153.026,153.047, 153.049, 153.056, and 153.301, pertaining to paved coverage and equestrian riding arena regulations. EXECUTIVE SUMMARY On February 28, 2012, April 24, 2012, and May 22, 2012, the Town Council reviewed potential changes to the paved coverage regulations. The Town Council took public input and discussed various amendments to the paved coverage and equestrian riding arena regulations. The Council determined that preserving the rural aesthetics of the Town is the main purpose of regulating paved area in residential zoning districts. The Town Council acknowledged that there is not a need to change paved area coverage regulations in the Community Commercial (CC) and Open Space zoning districts, and that staff should focus on amendments to the regulations in the residential districts. On July 18, 2012, September 26, 2012, and October 3, 2012, the Planning Commission reviewed draft ordinance language. After the July 18, 2012, meeting staff made various revisions to address and respond to the concerns expressed by the Planning Commission regarding the draft code language and the structure of the staff report. On September 26, 2012, and October 3, 2012, the Planning Commission had detailed discussions on all of the proposed draft language. This staff report provides the draft language to be forwarded to the Town Council as the Planning Commission’s recommendation on the ordinance change. In addition to the draft language, this report outlines the changes proposed by the Planning Commission on September 26, 2012, and October 3, 2012. RECOMMENDATION Staff recommends that the Planning Commission review all information, hear public comment, and adopt Resolution No. 2012-020 (Attachment 1), with or without changes, recommending that the Town Council approve an ordinance to amend the Woodside Municipal Code, including Sections 153.005, 153.026,153.047, 153.049, 153.056, and 153.301, pertaining to paved coverage and equestrian riding arena regulations. CEQA Staff has determined that the proposed amendments can be exempt from the California Environmental Quality Act (CEQA) since any increase in impervious surface permitted by this amendment will not increase offsite water runoff due to current State regulations that prohibit increased water runoff as a result of any new development. Since the proposed amendment will not increase water runoff and will not permit development in areas that are currently restricted from being developed, the project can be exempted from CEQA pursuant to Sections


15061(b)(3)(no possibility that the activity may have a significant impact on the environment), of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations). REPORT OVERVIEW Changes to Paved Area Regulations This report discusses the direction provided by the Planning Commission on September 26, 2012, and October 3, 2012, and how staff has changed the draft ordinance to respond to direction provided by the Planning Commission. The proposed changes to paved area regulations are split up into five sections based on the following topics: Code Change 1: Change to the Paved Area Coverage Title. Code Change 2: New Definitions for Paved Area Coverage and Principal Access Driveway

[153.005] Code Change 3: Changes for Equestrian Riding Arenas [153.026 & 153.049] Code Change 4: Changes to Paved Coverage Limits and New Exemptions [153.056 &

153.047] Code Change 5: New Nonconforming Paved Area Regulations [153.301] Code Change 1: Change to the “Paved Area Coverage” Title The Town Council, Planning Commission, members of the public, and staff have expressed concern with the use of the words “Paved Area Coverage” since some of the features or materials that are being counted are not typically thought of as paved materials. There is also confusion about the title since some of the materials are pervious. The Planning Commission determined that altering the title is appropriate, and decided that using “Paved Area and Surface Coverage” would be clearer since some materials that are not typically thought of as paving materials, but provide surface coverage, and are counted towards the maximum square footage permitted on a property. The draft ordinance language has been altered to include the words “Paved Area and Surface Coverage” in the place of using “Paved Area” or “Paved Area Coverage” (including Municipal Code Section 153.047(G), which currently allows an exception to the amount of paved area in the SCP-5 zoning district). Code Change 2: New Definitions for Paved Area Coverage and Principal Access Driveway: Section 153.005 – Definitions Section 153.005 Definitions The Planning Commission was satisfied with the new definitions for Paved Area and Surface Coverage and Principal Access Driveway, but had a detailed discussion related to the inclusion of artificial grass in the definition of Paved Area and Surface Coverage. Although the Planning Commission recognized that some property owners may now exceed the maximum allowable Paved Area and Surface Area Coverage by including artificial grass in the maximum square footage calculation, it determined that some type of gravel material is typically installed under artificial grass, and that artificial grass does not maintain the rural character of Woodside, which is heavily emphasized in the 2012 General Plan. The Planning Commission directed staff to include artificial


grass as a component of Paved Area and Surface Coverage, but also directed staff to allow for an exemption for a small amount of artificial grass. The exception is further discussed under the Code Change 4 section of the report. The proposed definitions in the draft Resolution in Attachment 1 reads as follows:

PAVED AREA AND SURFACE COVERAGE. Any materials such as asphalt, bricks, concrete, decomposed granite, gravel, pavers, plastic, rubber, sand, or similar materials applied to the surface of the ground that alters the natural appearance of a site. Paved Area Coverage features include but are not limited to, artificial grass, stairs, decks three feet or less in height, driveways, on grade or below grade equipment pads without a cover/roof, parking areas, patios, spas/hot tubs, swimming pools, tennis courts with any type of surface material, walkways, manmade water features such as decorative pools, fountains, and manmade ponds.

PRINCIPAL ACCESS DRIVEWAY. A driveway leading to the structure in which

the primary use occurs, or detached garage that serves the structure in which the primary use occurs, up to the maximum width permitted by Municipal Code Section 151.44. Portions of second driveways with separate access to a public or private road, or additional driveways that split from the principal access driveway, shall not be considered a Principal Access Driveway. If there is more than one driveway approach to the structure in which the primary use occurs, the shortest distance to the structure in which the primary use occurs, or detached garage that serves the structure in which the primary use occur, shall be considered the Principal Access Driveway.

Code Change 3: Changes for Equestrian Riding Arenas: Section 153.026 Permitted, Conditional, Accessory Uses in Zoning Districts Section 153.049 Accessory Buildings and Uses Section 153.026 Permitted, Conditional, and Accessory Uses in Zoning Districts The Planning Commission determined that equestrian riding arenas should not be counted towards the maximum allowable Paved Area and Surface Coverage, and that a Conditional Use Permit should be required for riding arenas that total more than 10% of the lot size. The Planning Commission expressed concern with allowing equestrian riding arenas within side and rear setbacks, especially arenas that would be immediately adjacent to the property line. After receiving input from the public and having a detailed discussion related to the potential location of riding arenas, direction was provided to staff to provide a 10-15 foot setback requirement for riding arenas. The language below is included in the draft Resolution and would regulate equestrian riding arenas as a use in relation to the lot size and zoning district. The proposed language that would require all riding arenas to be setback at least 10 feet from all property lines and ingress/egress easements would be located in Municipal Code Section 153.049, since this section of the Municipal Code provides modified setbacks for different accessory uses. ***Staff continues to have concerns regarding the addition of a proposed setback for arenas as implementation may be difficult given that paddocks do not require specific setbacks and the distinction between paddocks and arenas can become blurred.***


153.026(A) PERMITTED, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS

TABLE A

Uses Zone Districts Conditional Uses R-1 RR SR SCP CC

Covered or uncovered equestrian riding arenas totaling more than 10% of the lot area. The CUP shall only be approved if the equestrian riding arena is an accessory use to a primary use on the property.

X

X

X

X

Uses Zone Districts

Conditional Uses OSH OSRL OSRM OSN OSM Covered or uncovered equestrian riding arenas. The CUP shall only be approved if the equestrian riding arena is an accessory use to a primary use on the property.

X

X

X

X

Uses Zone Districts


X

X

X

X

Section 153.049 Accessory Buildings and Uses This section of the Municipal Code regulates the size and height of accessory structures. It specifically calls out the limits for the size and height of barns, the size and height of other accessory structures, and the height of covered equestrian riding arenas. Although the height of equestrian riding arenas are permitted to be taller than most accessory structures, they are not explicitly permitted to be larger than other accessory structures. All accessory structures, other than barns, are limited to 1,500 square feet. Since covered equestrian riding arenas exceed 1,500 square feet, a Variance is currently required to permit such a structure under the existing Municipal Code. A Variance is an inappropriate tool to permit covered riding arenas over 1,500 square feet since there is not commonly a special circumstance related to the property to properly make the findings required for a Variance.


The Planning Commission supported the language presented by staff to regulate the size of covered riding arenas. Below is language from the draft Resolution that would regulate the size of covered riding arenas and the location of uncovered riding arenas. No changes are necessary to regulate the location of covered riding arenas since they must follow the required setbacks for all buildings.

153.049(K) The gross floor area of any accessory building shall not exceed 1,500 square feet, except

barns and stables, which may not exceed 2,500 square feet, except in the OS and SCP Districts, where barns may not exceed 3,000 square feet. The gross floor area of a covered equestrian riding arena shall not exceed the size permitted as an accessory use or permitted with a Conditional Use Permit as outlined in Section 153.026(A) Table A, or subject to the Total Floor Area limit for a property, whichever is less.


ingress/egress easements pursuant to Municipal Code Section 153.050(A)(2). Code Change 4: Changes to Paved Coverage Limits and New Exemptions: Section 153.056 Measurement of Paved Coverage, Limits, and Exemptions Section 153.047 Lot Area and Building Limitations Table Section 153.056(A) The Planning Commission determined that the description of the measurement of Paved Area and Surface Coverage shall match the definitions shown above; therefore, artificial grass has been included. The proposed amendments to this section would read as follows:

153.056 MEASUREMENT OF PAVED AREA AND SURFACE COVERAGE, LIMITS, AND EXEMPTIONS

(A) Measurement of Paved Area and Surface Coverage. For the purpose of this chapter, PAVED AREA AND SURFACE COVERAGE shall include: (1) Materials including but not be limited to, asphalt, bricks, concrete,

decomposed granite, gravel, pavers, plastic, rubber, sand, or similar materials applied to the surface of the ground that alters the natural appearance of a site.

(2) Features including but are not limited to, artificial grass, stairs, decks three feet or less in height, driveways, on grade or below grade equipment pads without a cover/roof, parking areas, patios, spas/hot tubs, swimming pools, tennis courts with any type of surface material, walkways, manmade water features such as decorative pools, fountains, and manmade ponds.


Section 153.056(B) The Planning Commission found that the proposed formulas that permitted additional paved area as presented in the September 26, 2012, staff report were acceptable since they only permitted slightly more paved area for lots that significantly exceed the minimum lot size. The Planning Commission’s proposal for allowable increases to paved coverage is primarily a reduction to the proposal last discussed by the Town Council. The comparison between the Town Council’s last discussion and the Planning Commission’s proposal on allowable paved coverage by zoning district is as follows:

R-1: Remained the same; SR and RR: The Planning Commission recommended an increase in the required

minimum lot size for consideration of increased paved coverage from one-half acre above the minimum lot size to 300% of the minimum lot size, and a reduction to the rate of allowable increases according to a sliding lot scale; and,

SCP-5, SCP-7.5 and SCP-10: The Planning Commission recommended an increase in the required minimum lot size for consideration of increased paved coverage from one-half acre above the minimum lot size to 180% of the minimum lot size, and a reduction to the rate of allowable increases according to a sliding lot scale.

The proposed language in the draft Resolutions reads as follows:



Lot Area Range

Nonconforming Lots


Equal to 20,000

square feet to ≤

25,000 square feet

>25,000 square feet

to ≤ 30,000

square feet

> 30,000 square feet to ≤ 35,000

square feet


>40,000 square feet


1.2 x Maximum




3,600 s.f. + 0.05 x Lot

area - 25,000

s.f.= Total

3,850 s.f. + 0.04 x Lot

area - 30,000 s.f.=Total

4,050 s.f. + 0.03 x Lot

Area - 35,000

s.f.=Total

4,200 s.f. + 0.02 x Lot area

- 40,000 s.f.=Total, up to a maximum of 5,000 square

feet



Suburban Residential (SR) Single-Family

Residential (R-1)

Nonconforming Lots

(<1 acre)







less

15,000 square

feet

15,000 s.f. + 0.03 x


Total

16,306.8 s.f. + 0.02 x Lot area - 4.0

acres=Total

17,178 s.f. + 0.01 x Lot Area – 5.0

acres=Total up to a

maximum of 20,000 square

feet

Table E-3 Maximum Paved Area and Surface Coverage Rural Residential (RR)

Lot Size

Nonconforming Lots

(<3 acres)



> 11.0 to ≤ 13.0 acres >11 acres




less

15,000 square

feet

15,000 s.f. + 0.03 x


Total


17,178 s.f. + 0.01 x Lot

Area – 11.0 acres=Total

up to a maximum of

20,000 square feet

Table E-4 Maximum Paved Area and Surface Coverage Special Conservation Planning - 5 Acre Minimum (SCP-5)

Lot Area Range

Nonconforming Lots

(<3 acres)



> 10.0 to ≤ 11.0 acres >11.0 acres




less1

9,000 square feet1

9,000 s.f. + 0.03 x Lot area – 9.0

acres = Total1

10,306.8 s.f. + 0.02 x Lot area - 10.0

acres=Total1

11,178 s.f. + 0.01 x Lot Area - 11

acres=Total1 up to a

maximum of 15,000

square feet 1Lots my receive more Paved Area and Surface Coverage if a Paved Area and Surface Coverage Exception is approved subject to Municipal Code Section 153.047(G).



Lot Area Range

Nonconforming Lots

<7.5 acres

Equal to 7.5 acre to ≤ 13.5 acres

>13.5 to ≤ 14.5 acres

> 14.5 to ≤ 15.5 acres >15.5 acres




less

9,000 square

feet

9,000 s.f. + 0.03 x

Lot area – 13.5

acres= Total


11,178 s.f. + 0.01 x Lot Area - 15.5 acres=Total,

up to a maximum of

15,000 square feet

Table E-6 Maximum Paved Area Coverage Special Conservation Planning - 10 Acre Minimum (SCP-10)

Lot Area Range

Nonconforming Lots

<10 acres


>18 to ≤ 19.0 acres





less

9,000 square

feet

9,000 s.f. + 0.03 x

Lot area – 18 acres=

Total


11,178 s.f. + 0.01 x Lot Area - 20

acres=Total, up to a

maximum of 15,000

square feet Section 153.056(C) and 153.056(D) No changes are proposed to the paved area coverage limits for the open space and commercial districts. The proposed sections below simply reorganize the location of these paved area requirements due to the proposed structure of the Municipal Code amendment. The language would not change and would read as follows:

(C) Open Space Zoning Districts. Paved Area Coverage limits in the OSH, OSRL, OSRM, OSN, and OSM zoning districts shall be subject to the “Lot Area and Building Limitations” Table in Section 153.047(B)

(D) Community Commercial Zoning District. Paved Area Coverage limits in the CC

zoning district, and for any site designated for institutional use in the Town’s General Plan and used for such use, may be regulated under the terms of a conditional use permit or by the Architectural and Site Review Board. In no event shall the paved area coverage allowed under this chapter for any site designated for institutional use in the Town’s General Plan exceed 25% of the total lot area.


Section 153.056(E) Proposed Section 153.056(E) includes all of the features explicitly exempt from the paved area limitations. The Planning Commission supported the proposed exemptions in the September 26, 2012, staff report, with direction to only allow some exemption for artificial grass and to provide an exemption for gravel and similar materials that are not used for driveways or parking areas (e.g., walkways). The proposed language in the draft Resolution now provides a 1,000 square foot exemption for artificial grass and gravel areas that are not used for driveways are parking areas. ***The Commission should determine if the 1,000 square foot exemption is an appropriate amount.*** If the Planning Commission determines that more or less artificial grass and/or gravel areas should be exempt, direction should be included in any motion to adopt the draft Resolution. The proposed amendments to this section would read as follows:

(E) Exemptions. The following features shall not count towards the maximum permitted paved coverage for each zoning district: (1) Equestrian riding arenas. (Exempt equestrian riding arenas may not be permitted

to change to another use unless all materials that are defined as paved area and surface coverage are either removed, or the paved area and surface materials from the converted riding arena plus the remaining paved area and surface coverage on the property do not exceed the maximum permitted paved area and surface coverage.)

(2) Portions of principal access driveways that are beyond 50 feet from the structure in which the primary use occurs, or the detached garage that serves the structure in which the primary use occurs.


(4) Informal water features, such as, ponds, features without formal linear or uniform circular/oval shapes, and without paved material projecting above the grade. Portions of such informal water features exceeding 2.5% of the lot area or 10,000 square feet, whichever is less, shall count towards the maximum permitted paved area and surface coverage.

(5) Required drainage facilities. (6) Retaining walls and landscape walls of any material. (7) Up to 1,000 square feet of green artificial grass. (8) Up to 1,000 square feet total of decomposed granite, gravel, sand, or similar

material that is not used for driveways or parking areas. Section 153.047 Lot Area and Building Limitations Table A footnote and references to other sections of the Municipal Code related to paved area have been added to the Table B. This will make users aware of all Municipal Code Sections that regulate paved area.


Code Change 5: Changes Nonconforming Paved Area Regulations Section 153.301 Limitations Applicable To Alterations, Additions, or

Replacement Section 153.301 Limitations Applicable To Alterations, Additions, or Replacement The Planning Commission found the draft language presented in the September 26, 2012, staff report to be an acceptable way to regulate nonconforming Paved Area and Surface Coverage. The Planning Commission asked staff to propose language that would prohibit unpermitted paved areas from being “grandfathered” in when a property owner proposed to change the location of nonconforming amounts of paved area. Staff did not significantly alter the language drafted by the Town Attorney, but revised the language to clarify the intent. Below is language in the draft Resolution that will specify how the Town will treat properties with nonconforming paved area:

153.301 LIMITATIONS APPLICABLE TO ALTERATIONS, ADDITIONS, OR REPLACEMENT, OR PAVED AREA.

(C) Paved Area and Surface Coverage. Properties that exceed the maximum permitted paved area and surface coverage for the zoning district shall be subject to the following: (1) Nonconforming paved area and surface coverage may be repaired or

replaced in the same location.

(2) Nonconforming paved area and surface coverage totaling no more than 250 square feet may be relocated within a 12 consecutive month period. The 12 consecutive month period shall begin on the date of receiving a final inspection of the relocated materials.

(3) Nonconforming paved area and surface coverage totaling more than 250

square feet may be relocated if:


(b) the relocation will result in a reduction of 25% or more of the paved area and surface coverage that exceeds the maximum permitted paved area and surface coverage.

Section 153.301(C)(3) shall be permitted unless the following occurs:

(i) The Town has a survey on file that was approved after January 1, 2000, which shows less paved area and surface coverage than is shown on the current application; and

(ii) the Town does not have evidence that the paved and surface coverage areas presented as existing at the time of application were permitted by the Town after the survey was prepared.


If the records above do not exist, it shall be presumed that the paved area and surface coverage presented as existing at the time of application were installed in accordance with the Town’s regulations.

CONCLUSION The Planning Commission should review the proposed code amendments and hear public comments. If the Planning Commission concurs with the proposed language, the Commission should approve the draft Resolution in Attachment 1. If the Planning Commission would like to recommend changes to the Town Council, a motion should be made to approve the draft Resolution with the proposed changes. Next Steps After the Planning Commission makes a recommendation on the ordinance language, staff will bring the ordinance to the Town Council for review and introduction. The Council would have to have a second reading of the ordinance at a subsequent meeting before it can be approved. Once the Council approves the ordinance, it would become effective 30 days after approval by the Council. ATTACHMENTS: 1. Draft Resolution 2. September 26, 2012, Planning Commission Staff Report and all attachments (Commission

Only)

Documents

TOWN OF WOODSIDE...Conditional Uses OSH OSRL OSRM OSN OSM Covered or uncovered equestrian riding arenas. The CUP shall only be approved if the equestrian riding arena is an accessory