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Agenda 2
Study Session on the Proposed Initiative Regarding Second
Story Limitations
STAFF REPORT 5
ATTACHMENT 1 8
ATTACHMENT 2 17
ATTACHMENT 3 19
ATTACHMENT 4 30
ATTACHMENT 5 31
ATTACHMENT 6 36
ATTACHMENT 7 40
ATTACHMENT 8 43
ATTACHMENT 9 51
1
SPECIAL MEETING – 6:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS
AT 13777 FRUITVALE AVENUE
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORT OF CITY CLERK ON POSTING OF AGENDA
(Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on
June 22, 2010)
COMMUNICATIONS FROM PUBLIC
Oral Communications on Non-Agendized Items
Any member of the public will be allowed to address the City Council for up to three (3)
minutes on matters not on this agenda. The law generally prohibits the council from
discussing or taking action on such items. However, the Council may instruct staff
accordingly regarding Oral Communications under Council Direction to Staff.
Oral Communications - Council Direction to Staff
Instruction to Staff regarding actions on current Oral Communications.
NEW BUSINESS
1. Study Session on the Proposed Initiative Regarding Second Story Limitations
Recommended action:
Consider questions presented regarding effects of the proposed measure and whether
to direct staff to prepare a formal report on the effects of the proposed measure
pursuant to the Elections Code 9212.
ADJOURNMENT
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials
provided to the City Council by City staff in connection with this agenda are available at the
office of the Community Development Department Director at 13777 Fruitvale Avenue,
Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently
with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any
AGENDA
SPECIAL MEETING
SARATOGA CITY COUNCIL
THURSDAY, JUNE 24, 2010
2
materials distributed by staff after the posting of the agenda are made available for public review
at the office of the City Clerk at the time they are distributed to the City Council.
In compliance with the Americans with Disabilities Act (ADA), if you need special
assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269.
Notification 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title
II)
Certificate of Posting of Agenda:
I, Ann Sullivan, City Clerk for the City of Saratoga, declare that the foregoing agenda for
the meeting of the City Council for the City of Saratoga was posted on June 22, 2010, at
the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for
public review at that location. The agenda is also available on the City’s website at
www.saratoga.ca.us
Signed this 23rd day of June 2010 at Saratoga, California.
Ann Sullivan, CMC
City Clerk
NOTE: To view current or previous City Council meetings anytime, go to the City
Video Archives at www.saratoga.ca.us
3
5/2 Regular Meeting – Joint meeting with Mt. Winery
5/16 Regular Meeting – Joint Meeting with Traffic Safety Commission
6/6 Regular Meeting – Joint Meeting with Planning Commission
6/20 Regular Meeting – Joint Meeting with Villa Montalvo
7/4 Holiday – Meeting Cancelled
7/18 Regular Meeting – Joint Meeting with Hakone Foundation
8/1 Regular Meeting – Joint Meeting with Chamber of Commerce
8/15 Summer Recess – Meeting Cancelled
9/5 Regular Meeting – Joint Meeting with West Valley Board of Trustees
9/19 Regular Meeting
10/3 Regular Meeting
10/17 Regular Meeting
11/7 Regular Meeting
11/21 Regular Meeting
12/5 Regular Meeting – Reorganization
12/19 Regular Meeting
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2007
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EXCERPTS FROM CITY CODE PRIOR TO
APRIL 7, 2010 HOUSING ELEMENT IMPLEMENTATION ORDINANCE
15-06.070 - Attached.
"Attached" means anything which is: (a) physically connected to a main structure; (b) an integral part of a main structure; and
(c) included in the floor area determination for a main structure, as described in Article 15-06. The term may include components of a
structure joined together by a common wall, floor or ceiling.
(Amended by Ord. 223 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006)
15-06.090 - Basement.
"Basement" means a space in a structure that is partly or wholly below grade and where the vertical distance from grade to a
finished floor directly above such space is less than or equal to forty-two inches. (See Figure 1a) If the finished floor directly above
the space is more than forty-two inches above grade at any point along the perimeter, such space shall be considered a story, and
the entire space shall be included in the calculation of floor area. This requirement applies to all lots, with the exception of hillside
lots.
On hillside lots, as defined in Section 15-06.420(e), only the portion of space where the vertical distance of the finished floor
directly above such space is more than forty-two inches above grade shall be counted as floor area and considered a story. The
number of stories measured vertically at any given point shall not exceed the maximum number of stories allowed in each zoning
district. (See Figure 1b) However, if the vertical distance of the finished floor above the space is not more than forty-two inches
above grade for at least eighty percent of area of such space, then the entire space is a basement that shall not be included in the
calculation of gross floor area and shall not be considered a story. (See Figure 1c)
As used herein, the term "grade" shall mean either the natural grade or finished grade adjacent to the exterior walls of the
structure, whichever is lower. The Community Development Director shall make the determination for sites where it is unclear as to
which is the natural and which is the finished grade. Basements are subject to the requirements of Section 15-80.035.
(Amended by Ord. 209 § 2 (part), 2002; Ord. 223 § 2 (part) 2003; Ord. 245 § 2 (Att. A) (part), 2006)
43
15-06.340 - Height of buildings.
"Height of building" means the vertical distance from the average of the highest and lowest point of the lot at the building's
edge, measured from natural grade, of that portion of the lot covered by the building to the topmost point of the roof excluding
appurtenances, unless otherwise specified in this Chapter. The Community Development Director, through the use of the best
available information, such as tract grading plans, vegetation, and neighborhood topography or existing grades, shall determine
natural grade.
(Amended by Ord. 223 § 2 (part), 2003)
15-06.655 - Story.
"Story" means that portion of a building included between the surface of any floor and the surface of the floor next above, or if
there is no floor above, then the space between the floor and the ceiling or roof next above. Basements are excluded from being
considered a story.
(Amended by Ord. 71.99 § 2, 1991; Ord. 223 § 2 (part), 2003)
15-11.100 - Height of structures.
(a)
No single-family dwelling shall exceed twenty-six feet in height and no other type of structure shall exceed thirty feet in height.
(b)
No structure shall exceed two stories.
15-12.100 - Height of structures.
(a)
No single-family dwelling shall exceed twenty-six feet in height and no other type of main structure shall exceed thirty feet in
height. Exceptions to these limitations may be approved pursuant to a Use Permit and Design Review issued in accordance
with Article 15-55 of this Code if the additional height is necessary in order to adhere to a specific architectural style. The
additional height may only be granted on residentially zoned parcels exceeding twenty thousand square feet. The Staff and
Planning Commission will use the "A Field Guide to American Houses" and other resource material approved by the Planning
Commission as resources documents to assess the purity of architectural design.
(b)
No accessory structure shall exceed fifteen feet in height; provided, however, the Planning Commission may approve of an
accessory structure extending up to twenty feet in height if the Commission finds and determines that:
(1)
The additional height is necessary in order to establish architectural compatibility with the main structure on the site;
and
(2)
The accessory structure will be compatible with the surrounding neighborhood.
(c)
No structure shall exceed two stories, except that pursuant to a use permit issued under Article 15-55 of this Chapter, a three-
story structure may be allowed for an institutional facility located upon a site designated for quasi-public facilities (QPF) in the
General Plan, where the average slope underneath the structure is ten percent or greater and a stepped building pad is used.
(Amended by Ord. 221 § 2 (part), 2003)
15-13.100 - Height of structures.
No structures shall exceed two stories nor shall any structure exceed the following heights:
(a)
No structure shall extend to an elevation within eight feet from the top of the nearest adjacent major ridge that does not
have dense tree cover.
(b)
No structure shall extend to an elevation more than twelve feet above the nearest adjacent minor ridge that does not
have dense tree cover.
(c)
A single-family dwelling not limited by subsection (a) or (b) of this Section shall not exceed twenty-six feet in height.
44
Any other type of main structure not limited by subsection (a) or (b) of this Section shall not exceed thirty feet in height.
(d)
An accessory structure not limited by subsection (a) or (b) of this Section shall not exceed twelve feet in height;
provided, however, the Planning Commission may approve an accessory structure extending up to fifteen feet in height
if the Commission finds that:
(1)
The additional height is necessary in order to establish architectural compatibility with the main structure on the
site; and
(2)
The accessory structure will be compatible with the surrounding neighborhood.
(Ord. 71.113 § 2 (part), 1992)
15-17.090 - Height of structures.
(a)
No structure shall exceed thirty feet in height.
(b)
No structure shall exceed two stories; provided, however, this restriction shall not apply to a structure located within the
Village which is found by the approving authority to be compatible with existing structures and the natural environment.
15-18.090 - Height of structures.
(a)
No structure shall exceed thirty feet in height.
(b)
No structure shall exceed two stories; provided, however, this restriction shall not apply to a structure located within the
Village which is found by the approving authority to be compatible with existing structures and the natural environment.
15-19.030 - C-N district regulations.
(a)
Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) of this Article, the following permitted uses
shall also be allowed in a C-N district:
(1)
Professional and administrative offices.
(2)
Financial institutions.
(3)
Personal service businesses.
(4)
Religious and charitable institutions.
(5)
Christmas tree and pumpkin sales lots.
(b)
Conditional uses. In addition to the conditional uses listed in Section 15-19.020(b) of this Article, the following conditional
uses may also be allowed in a C-N district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter.
(1)
Mixed-use development conforming to the design standards found in Article 15-58.
(2)
Medical offices and clinics.
(c)
Site area. The minimum net site area of any lot in a C-N district shall be ten thousand square feet.
(d)
Site frontage, width and depth. The minimum site frontage, width and depth of any lot in a C-N district shall be as follows:
Frontage Width Depth
60 feet 60 feet 100 feet
(e)
45
Coverage. The maximum net site area covered by structures on any lot in a C-N district shall be sixty percent.
(f)
Front setback area. The minimum front setback area of any lot in a C-N district shall be ten feet; except that on a site
adjacent to and fronting on the same street as, or directly across the street from, an A, R-1, HR, R-M or P-A district, the
minimum front setback area shall be fifteen feet.
(g)
Side and rear setback areas. No side or rear setback areas shall be required for any lot in a C-N district, subject to the
following exceptions:
(1)
On a reversed corner lot abutting a lot in an A, R-1, or HR district, the minimum exterior side setback area shall be not
less than one-half of the required front setback area of the abutting lot.
(2)
Except as otherwise provided in subsection (g)(1) of this Section, on a lot abutting an A, R-1, or HR district, the
minimum side setback area or rear setback area abutting such other district shall be thirty feet.
(3)
On a lot directly across a street or alley from an A, R-1, or HR district, the minimum side setback area or rear setback
area adjacent to such street or alley shall be ten feet.
Where a side or rear setback area is required under any of the foregoing provisions, one foot shall be added to the
required setback area for each one foot of height or fraction thereof by which a structure within thirty feet of the lot line for
such setback area exceeds fourteen feet in height.
Where a side or rear setback area is required under any of the foregoing provisions, one foot shall be added to the
required setback area for each one foot of height or fraction thereof by which a structure within thirty feet of the lot line for
such setback area exceeds fourteen feet in height.
(h)
Height of structures. The maximum height of any structure in a C-N district shall be twenty feet.
(i)
Enclosure of uses. All permitted and conditional uses shall be conducted entirely within a completely enclosed structure,
except for off-street parking and loading, gasoline service stations, outdoor dining, nurseries, garden shops and Christmas
tree and pumpkin sales lots.
(j)
Screening, landscaping and fencing. An area not less than five feet in depth along all property lines that abut a street shall
be landscaped with plant materials and/or improved with sidewalks or pathways as required by the Planning Commission. All
planting materials shall permanently be maintained by the owner or occupant of the site.
(k)
Alternative standards for multi-family dwellings. Notwithstanding any other provisions of this Section, where multi-family
dwellings will be located upon a site, the Planning Commission shall apply for such dwellings the development standards set
forth in Article 15-17 of this Chapter. The density of development shall be as determined in each case by the Planning
Commission, based upon its finding that:
(1)
The project will not constitute overbuilding of the site; and
(2)
The project is compatible with the structures and density of development on adjacent properties; and
(3)
The project will preserve a sufficient amount of open space on the site; and
(4)
The project will provide sufficient light and air for the residents of the site and the occupants of adjacent properties.
(Amended by Ord. 71.113 (part), 1992; Ord. 230 § 2 (part), 2004; Ord. 236 § 2D, 2005; Ord. 245 § 2 (Att. A) (part), 2006)
15-19.040 - C-V district regulations.
(a)
Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) of this Article, the following permitted uses
shall also be allowed in a C-V district:
(1)
Professional and administrative offices.
(2)
Financial institutions.
(3)
46
Personal service businesses.
(b)
Conditional uses. In addition to the conditional uses listed in Section 15-19.020(b) of this Article, the following conditional
uses may also be allowed in a C-V district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter:
(1)
Religious and charitable institutions.
(2)
Mixed-use development conforming to the design standards found in Article 15-58.
(3)
Medical offices and clinics.
(4)
Mortuaries.
(5)
Theaters.
(6)
Automobile upholstering shops, provided all operations are conducted within an enclosed structure.
(c)
Site area. The minimum net site area of any lot in a C-V district shall be ten thousand square feet.
(d)
Site frontage, width and depth. The minimum site frontage, width and depth of any lot in a C-V district shall be as follows:
Frontage Width Depth
60 feet 60 feet 100 feet
(e)
Coverage. The maximum net site area covered by structures on any lot in a C-V district shall be sixty percent.
(f)
Front setback area. The minimum front setback area of any lot in a C-V district shall be ten feet; except that on a site
adjacent to and fronting on the same street as, or directly across the street from, an A, R-1, HR, R-M or P-A district, the
minimum front setback area shall be fifteen feet.
(g)
Side and rear setback areas. The minimum side setback area of any lot in a C-V district shall be ten feet and the minimum
rear setback area of any lot in a C-V district shall be thirty feet, subject to the following exceptions:
(1)
One foot shall be added to the minimum side setback area for each one foot of height or fraction thereof by which a
portion of a structure within thirty feet of the side lot line for such setback area exceeds fourteen feet in height.
(2)
One foot shall be added to the minimum rear setback area for each one foot of height or fraction thereof by which a
portion of a structure within sixty feet of the rear lot line for such setback area exceeds fourteen feet in height.
(3)
On a corner lot, the minimum exterior side setback area shall be twenty feet.
(h)
Height of structures. The maximum height of any structure in a C-V district shall be twenty feet.
(i)
Screening, landscaping and fencing.
(1)
An area not less than ten feet in depth along all property lines that abut a street shall be landscaped with plant
materials and/or improved with sidewalks or pathways as required by the Planning Commission. All planting materials
shall permanently be maintained by the owner or occupant of the site.
(2)
A use not conducted within a completely enclosed structure shall be screened by a solid wall or fence, vine-covered
fence or compact evergreen hedge (with solid gates where necessary) not less than six feet in height. This requirement
shall not apply to off-street parking and loading areas, gasoline service stations, outdoor dining areas, nurseries,
garden shops, and Christmas tree and pumpkin sales lots.
(j)
Alternative standards for multi-family dwellings. Notwithstanding any other provisions of this Section, where multi-family
dwellings will be located upon a site, the Planning Commission shall apply for such dwellings the development standards set
forth in Article 15-17 of this Chapter. The density of development shall be as determined in each case by the Planning
Commission, based upon its finding that:
(1)
The project will not constitute overbuilding of the site; and
(2)
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The project is compatible with the structures and density of development on adjacent properties; and
(3)
The project will preserve a sufficient amount of open space on the site; and
(4)
The project will provide sufficient light and air for the residents of the site and the occupants of adjacent properties.
(Amended by Ord. 71.113 (part), 1992; Ord. 230 § 2 (part), 2004; Ord. 236 § 2E, 2005; Ord. 245 § 2 (Att. A) (part), 2006)
15-19.050 - C-H district regulations.
(a)
Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) of this Article, the following permitted uses
shall also be allowed in the CH-1 and CH-2 districts: (1) professional, administrative and medical offices and financial
institutions, when located either above the street level or at the street level if separated from the street frontage by a retail
establishment; and (2) personal service businesses that are above street level, and personal service businesses that are at
street level but do not have primary access from Big Basin Way or across the front lot line.
(b)
Conditional uses. In addition to the conditional uses listed in Section 15-19.020(b) of this Article, the following conditional
uses may also be allowed in the CH-1 and CH-2 districts, upon the granting of a use permit pursuant to Article 15-55 of this
Chapter:
(1)
Professional, administrative and medical offices and financial institutions, when located at street level and having street
frontage.
(2)
Theaters.
(3)
Religious and charitable institutions.
(4)
Mixed-use development conforming to the design standards found in Article 15-58.
(5)
Personal service businesses at the street level that have primary access from Big Basin Way or across the front lot
line.
(c)
Site area. The minimum net site area in each C-H district shall be as follows:
District Net Site Area
CH-1 5,000 sq. ft.
CH-2 7,500 sq. ft.
(d)
Site frontage, width and depth. The minimum site frontage, width and depth in each C-H district shall be as follows:
District Frontage Width Depth
CH-1 50 ft. 50 ft. 100 ft.
CH-2 50 ft. 50 ft. 100 ft.
(e)
Coverage; pedestrian open space.
(1)
In the CH-1 district, the maximum net site area covered by structures shall be eighty percent, except that up to one
hundred percent of the site may be covered by structures if, for any structure coverage in excess of eighty percent, an
equivalent area on the site is devoted to pedestrian open space.
(2)
In the CH-2 district, the maximum net site area covered by structures shall be sixty percent. In addition, an area
equivalent to not less than twenty percent of the net site area shall be devoted to pedestrian open space. All or any
portion of the required front setback area may be used for pedestrian open space.
(3)
The term "pedestrian open space," as used in subsections (e)(1) and (2) of this Section, means common areas open to
the public where pedestrians may walk or gather, such as plazas and arcades, which are designed to be visible and
accessible to pedestrians on streets, sidewalks and parking facilities adjacent to the site.
(f)
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Front setback area. No front setback area shall be required in the CH-1 district. The minimum front setback area of any lot in
the CH-2 district shall be fifteen feet.
(g)
Side setback area. No side setback area shall be required in either the CH-1 or CH-2 district.
(h)
Rear setback area. No rear setback area shall be required in the CH-1 district. No rear setback area shall be required for any
lot in the CH-2 district having a rear lot line that abuts a public right-of-way, public parking district, Saratoga Creek, or the CH-
1 district. Where the rear lot line of any lot in the CH-2 district abuts an A, R-1, HR, or R-M district, the minimum rear setback
area shall be thirty feet, plus one foot for each two feet of height or fraction thereof by which a portion of a structure within
sixty feet of the rear lot line for such setback area exceeds fourteen feet in height.
(i)
Height of structures. The maximum height of any structure in each C-H district shall be as follows:
District Height
CH-1 35 feet. No portion of a structure facing Big Basin Way shall
exceed two stories, and no portion of a structure facing
Saratoga Creek shall exceed three stories.
CH-2 26 feet. No structure shall exceed two stories.
(j)
Enclosure of uses. All permitted and conditional uses shall be conducted entirely within a completely enclosed structure,
except for off-street parking and loading, gasoline service stations, garden shops and outdoor dining.
(k)
Exceptions to standards for historic structures. The Planning Commission shall have authority to grant exceptions to any
of the development standards contained in this Section, without the granting of a variance, if the subject of the application is a
structure which has been designated as a historic landmark pursuant to Article 13-15 of this Code, and the Planning
Commission finds and determines that:
(1)
The exception will facilitate preservation of the historic structure; and
(2)
The application and the proposed exception have been reviewed and approved by the City's Heritage Commission;
and
(3)
The exception will not be detrimental to the use and enjoyment of other properties in the vicinity; and
(4)
The exception will not adversely affect the movement of vehicular and pedestrian traffic, or the availability of on-street
parking, and will not create a hazard to the public safety.
(Amended by Ord. 71-108 § 1, 1992; Ord. 71.113 (part), 1992; Ord. 230 § 2 (part), 2004; Ord. 236 § 2F, 2005; Ord. 245 § 2 (Att. A) (part), 2006)
15-20.100 - Height of structures.
No structure shall exceed two stories nor shall any structure exceed the following heights:
(a)
No structure shall extend to an elevation within eight feet from the top of the nearest adjacent major ridgeline that does
not have dense tree cover.
(b)
No structure shall extend to an elevation more than twelve feet above the nearest adjacent minor ridge that does not
have dense tree cover.
(c)
A structure not limited by subsections (a) and (b) of this Section shall not exceed twenty-two feet in height; provided,
however, that the Planning Commission may approve up to four feet of additional height if the design review findings in
Section 15-45.080 can be made.
(d)
Accessory structures shall not exceed twelve feet in height; provided, however, that the Planning Commission may
approve up to three feet of additional height if the Commission finds and determines that:
(1)
The additional height is necessary in order to establish architectural compatibility with the main structure on the
site;
(2)
The accessory structure will be compatible with the surrounding neighborhood; and
(3)
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The additional height is necessary for a structure for agricultural use.
(Ord. 71.98 § 2 (part), 1991; Ord. 245 § 2 (Att. A) (part), 2006)
15-58.020 - Development standards.
(a)
The maximum density is twenty dwellings per net acre.
(b)
The dwelling unit(s) shall be located either on the second floor or at the rear of the parcel.
(c)
The dwelling unit(s) shall not comprise more than fifty percent of the total floor area of all buildings on the site. The maximum
floor area allowed may be increased by ten percent for projects providing below market rate rental housing.
(d)
Parking for both the non-residential and the dwelling unit(s) shall be as specified in the Zoning Ordinance, provided that the
Planning Commission may consider shared parking in some cases.
(e)
Perimeter fencing shall be required to the maximum height allowed in the Zoning Ordinance.
(f)
Each dwelling shall have private, usable outdoor space, i.e., decks, balconies, yards or patios.
(g)
The maximum height of a mixed-use structure shall be twenty-six feet. Structures that are solely non-residential on a site that
has mixed-use, the maximum height is as it is stated in the underlying zoning.
(h)
The design of mixed-use projects will be required to conform to the policies and techniques of the Residential Design
Handbook and any other design standards in place for the area of application.
(i)
Overall site coverage may be increased up to ten percent for projects containing deed restricted below market rate housing
units.
(j)
Mixed-use projects shall have sound walls and landscape screening in order to protect the privacy and quality of life of
abutting single-family residential lands uses.
(k)
The residential component of a mixed-use project shall be rental. The individual dwelling units shall range in size from eight
hundred fifty square feet for one bedroom units to one thousand two hundred fifty square feet for three bedroom units sequent
mixed-use development.
(l)
Projects with multiple stories shall be reviewed to ensure that design features such as setbacks and window placement
provide adequate privacy protection.
(m)
Non-residential structures or parcels created or developed as part of a previous mixed-use development or multi-family
development may not be redeveloped as a mixed-use development at a greater density or intensity of use.
(n)
Smaller mixed-use projects (twenty or fewer dwelling units) must pay an in lieu fee for park construction.
(o)
In larger mixed-use projects (more than twenty dwelling units) either the developer must pay an in lieu fee for park
construction or construct common, useable open space on site at the discretion of the Planning Commission based on the
vicinity of existing public parks.
(Ord. 230 § 2 (part), 2004)
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Basement
Figure 1a
finished floor 42 inches
Section
Basement
Section
Plan
Portion where
vertical height from
floor above to grade
exceeds 42 inches
Basement – 80% of
area of space is not
more than 42 inches
above grade.
Floor
Area
Basement
Area
(not a story)
Section
Plan
Portion where
vertical height
from floor above
to grade exceeds
42 inches
2 stories
2 stories
Basement
(no floor area) Floor Area
Basement
(no floor area)
Figure 1b
Less than 80% of area
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