HomeMy WebLinkAbout06-24-2010 SUPPLEMENTAL COUNCIL AGENDAMemo
To: Mayor and City Councilmembers
From: Ann Sullivan, City Clerk
Date: June 24, 2010
Re: Correspondence Submitted from Member /s of the Initiative
Steering Committee — Proposed Initiative Regarding Second
Story Limitations
Attached are copies of email correspondence the City received regarding
this agenda item.
City Clerk [Ann Sullivan]
From: Jasletra @aol.com
Sent: Thursday, June 24, 2010 1:28 PM
To: Chuck Page; Howard Miller; Manny Cappello; Kathleen King; Jill Hunter
Cc: Dave Anderson; rtaylor @smwlaw.com; City Clerk [Ann Sullivan]; John Livingstone
Subject: Tonight's Meeting
Mayor King and Council Members:
We are grateful for the opportunity to meet with you tonight to explore whether we can resolve
differences between the recent changes to the City's Housing Element and our Initiative. Even if we
do not reach any resolution, we recognize the importance of the attempt and the good faith involved
in your offer.
Since the meeting tonight is new territory for all of us, we would like to respectfully suggest a few
ground rules that may help make the discussion as constructive as possible.
1. We should not spend time on "Who did what wrong ?" The discussion needs to be about-what can
be done that is mutually acceptable.
2. We should all assume that everyone at the table knows the details of the changes the Council
made and the details of our Initiative. If that turns out not to be the case on a specific item, we can
discuss that item. Spending our time on a review that is unnecessary will make for a long meeting
and distract us.
3. The two central topics appear to us to be, how we would enact changes that both parties agree to,
and the actual changes, in that order.
4. This is about policy and there are strong opinions and deep investment, but it is not personal. We
should all do our best to avoid ad hominem attacks and rants.
5. There may be a point or two in the meeting where it will be helpful if we could take a break or
caucus. We hope the Mayor will be open to such a request although we recognize that the Council
cannot caucus because of the Brown Act.
6. All of the above are suggestions. We will look to Mayor King to establish the parameters of the
meeting and to rule on any procedural issues that may arise.
Sincerely,
Bob Busse
Marcia Fariss
Jim Foley
Jeff Schwartz
Emma Wyckoff
City Clerk [Ann Sullivan]
From:
Jasletra @aol.com
Sent:
Friday, June 18, 2010 12:37 PM
To:
Dave Anderson
Subject:
Memo you gave me
Hi Dave-
Thank you for the meeting last night. I always enjoy talking with you and I think that was a particularly productive discussion. I hope I did
not cost you a chance to get dinner before your next meeting.
I reviewed the April 7, 2010 memo that you gave me yesterday afternoon (evidently prepared by Chris Riordan for the April 7 City Council
meeting on the adoption of the housing element). I am not trying to be contentious but the memo is misleading and substantially
incomplete. It is no wonder that some Council members and some Planning Commissioners had no idea of the meaning of the changes
they were being asked to approve. If you have an opportunity, please contrast the table on page 3 and 4 in that memo with the document I
sent you by email.
The Council approval of the housing element and related documents in April of this year included eight decisions which were obviously or
potentially controversial. (Others may have additional items to add to the list, but those of us involved in the Initiative see seven
problematic changes).
1. The elimination of the two story limit in CH -1.
2. The elimination of a twenty -six foot height limit in CH -1 for mixed use development.
3. The elimination of the requirement for a minimum of fifty percent retail square footage in any mixed use development in the city.
4. The change in mixed use development anywhere in the city from a maximum of twenty units per acre to permission for "high- density"
for such projects.
5. The elimination of the two -story limit for mixed use development anywhere in the city.
6. The elimination of the twenty -six foot height limit for mixed use development anywhere in the city.
7. The change in mixed use development anywhere in the city from specific parking requirements to the potential for much lower "shared
parking" requirements.
8. The elimination of the requirement that mixed use development anywhere in the city conform to the Residential Design Handbook.
A brief perusal of Chris's memo will confirm that the memo and the table within the memo only speak to three of those eight major
changes. Even with those three changes that are addressed, the height limit change in the Village is misleading in that it presents the thirn--
five foot height limit in CH -1 as.if it were not a change and fails to mention that mixed use development in the Village had been limited to
twenty -six feet and is being changed to thirty -five feet.
If that memo Qm1e 10) is being resent to Council members for their clarification, I fear that it will have the opposite affect
Regards,
Jeff
,
Selected Values from City Vision Statement
• the natural beauty of the City and its hillsides is preserved
• homes and neighborhoods are safe and peaceful
• value is placed on an attractive, well maintained and well
planned community
• a small town, picturesque, residential atmosphere is
retained
Blue is my commentary. Red is language CC removed. Bold, underlined
is language CC added.
Jeff
Proposed Conforming Amendments
City of Saratoga General Plan Land Use Element
City of Saratoga Open Space and Conservation Element
The following amendments to the Land Use Element and the Open Space and Conservation Element of
the City of Saratoga General Plan (dated June 6, 2007) are intended to ensure internal consistency
between the Land Use Element and the 2007 -2014 Housing Element of the General Plan to be adopted
concurrently with these amendments and to readopt incentives to be offered to promote agricultural
uses in the City's hillsides that were erroneously removed during the June 6, 2007 update of the Open
Space and Conservation Element.
(Here is section that changes all commercial zoned land to permit
high density mixed use.)
2. The existing text presenting the "Summary Description Of Use" of the Commercial Retail (CR)
land use designation in Table LU -1 on page 16 of the Land Use Element is amended as set
forth below. Text to be added is indicated in bold double - underlined font (e.g., bold double -
underlined). Text in standard font remains unchanged.
Commercial uses /centers serving community and /or neighborhood; not regional in orientation. Refer to
Saratoga Village Specific Plan for uses, height and lot coverage permitted in Specific Plan area. High
density mixed use projects and emergency shelters, transitional housing, and supportive
housing for homeless individuals and families are appropriate consistent with applicable
zoning.
..... .............................................. ...............................
Proposed Conforming Amendment
City of Saratoga Village Design Guidelines
(Here is section where 2 story limit in Village was eliminated)
The following amendments to the City of Saratoga Village Design Guidelines (dated January 2,
1991) are intended to ensure internal consistency between the Guidelines and the 2007 -2014 Housing
Element of the General Plan to be adopted concurrently with these amendments.
The second paragraph of the section titled "Height, Width and Setback" on page 21of the Village
Design Guidelines is revised as shown below. Text to be added is indicated in bold double -
underlined font (e.g., bold double- underlined) and text to be deleted is indicated in strikeout
(e.g. strikeout). Text in standard font remains unchanged.
The maximum height of any new structure or addition in the CH -1 district is 35 feet, with no more than
two stories for structures facing Big Basin Way. Three stories may be permitted for the rear of structures
facing Saratoga Creek. In the CH -2 district, the height limit The maximum height of any new
structure or addition in the CH -2 district is 26 feet, with a two -story limit, reflecting the more
residential character of this area of the Village.
.......... ......................................... ...............................
Proposed Conforming Amendment
City of Saratoga Village Plan
The following amendments to the City of Saratoga Village Plan (dated May, 1988) are intended to
ensure internal consistency between the Village Plan and the 2007 -2014 Housing Element of the
General Plan to be adopted concurrently with these amendments.
Section 4.g of the Proposed Commercial Historic District Regulations (at page 11 of the Village
Plan) is revised as shown below. Text to be added is indicated in bold double - underlined font
(e.g., bold double - underlined) and text to be deleted is indicated in strikeout (e.g. strikeout).
Text in standard font remains unchanged.
g. Building height:
1) CH -1 = thirty-five feet, with no more than two stories for structures facing Big
Basin Way, and no more than three stories for the rear of structures facing
Saratoga Creek.
2) CH -2 = twenty-six feet, but no more than two- stories.
. .................................................. ...............................
Housing Element Implementation Ordinance
Amendments to Saratoga City Code Articles 15 -10, 15 -19, 15 -46, 15 -58 and 15 -80
(Text to be added is indicated in bold double- underlined font (e.g., bold double- underlined) and text to be deleted is
indicated in strikeout (e.g. strikeout). Text in standard font remains unchanged. )
15- 19.050 C -H district regulations
(i) Height of structures. The maximum height of any structure in each C -H district shall be as
follows:
TABLE INSET: 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.
..... .............................................. ...............................
Article 15 -58 MIXED -USE DEVELOPMENT STANDARDS
15- 58.010 Purposes of Article.
(Here is section where requirement that mixed use projects be a
minimum of 50% retail was eliminated)
The purpose of the mixed -use development standards is the implementation of Program 1.1 of the
Housing Element of the General Plan. The goal is to implement this Housing Program in a consistent
manner throughout the various commercial and office zoning districts of the City. It is further the
goal of these standards to protect existing and future commercial development.
15- 58.020 Development standards.
(a) The maximum density is twenty dwellings per net acre except as provided in Section 15- 19.035
of this Code.
(b) Only commercial use(s) may be located on the ground floor abutting a street. Dwelling unit(s)
may be located in all other portions of the structure.
(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. The City may impose no condition limiting the
percentage of the total allowable residential floor area on the mixed -use site to less than fifty
percent. That _ percentage may be greater than fifty percent if approved the Planning
Commission (sic) during a design review process upon the Commission making the following
findings:
(1) that the proposed location of the mixed -use is in accord with the objectives of the
Zoning Regulations and the purposes of the district in which the site is located; and
(2) that the proposed location of the mixed -use and the conditions under which it would
be operated or maintained will not be detrimental to the public health, safety or
welfare, or materially incurious to properties or improvements in the vicinity; and
(3) that the proposed mixed -use will comply with each of the applicable provisions of
this Chapter; and
(4) that the proposed mixed -use will not adversely affect existing or anticipated uses in
the immediate neighborhood, and will not adversely affect surrounding properties or
the occupants thereof.
(d) Parking for both the non - residential use and the dwelling unit(s) shall be as specified in the
Zoning Ordinance Article 15 -35 of this Chapter, provided that the Planning Commission may
consider approve shared parking if it determines that it will not result in some cases adverse
impacts on adjacent uses.
(e) Perimeter fencing shall be required to the maximum height allowed in the Zoning Ordinance
conform to Article 15 -29 of this Chapter.
(f) Each dwelling shall have private, usable outdoor space, i.e., including but not limited to, decks,
balconies, yards or patios.
(Here is the section where the existing 26 ft. height limit on mixed
use development in the Village was eliminated, changing the mixed
use height limit in the Village to 35 ft.)
(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 district.
(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) (h) Overall site coverage may be increased by up to ten percent of the maximum allowed in the
Zoning District for projects containing at least ten percent (10 %) of the units deed restricted to below
market rate housing units.
0) (i) 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 land uses.
• (k) (j) The residential component of a mixed -use project shall be rental and /or owner
occupied. 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.
(1) (k) Projects with multiple stories shall be reviewed to ensure that design features such as setbacks
and window placement provide adequate privacy protection.
6 Text to be added is indicated in bold double - underlined font (e.g., bold double- underlined) and text to
be deleted is indicated in strikeout (e.g. strikeout). Text in standard font remains unchanged.
(2) that the proposed location of the mixed -use and the conditions under which it would
be operated or maintained will not be detrimental to the public health, safety or
welfare, or materially incurious to properties or improvements in the vicinity; and
(3) that the proposed mixed -use will comply with each of the applicable provisions of
this Chapter; and
(4) that the proposed mixed -use will not adversely affect existing or anticipated uses in
the immediate neighborhood, and will not adversely affect surrounding properties or
the occupants thereof.
(d) Parking for both the non - residential use and the dwelling unit(s) shall be as specified in the
Zoning Ordinance Article 15 -35 of this Chapter, provided that the Planning Commission may
consider approve shared parking if it determines that it will not result in some cases adverse
impacts on adjacent uses.
(e) Perimeter fencing shall be required to the maximum height allowed in the Zoning Ordinance
conform to Article 15 -29 of this Chapter.
(f) Each dwelling shall have private, usable outdoor space, i.e., including but not limited to, decks,
balconies, yards or patios.
(Here is where the existing 26 ft. height limit on mixed use
structures throughout Saratoga was eliminated)
(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 district.
(Here is where the requirement that any mixed use development
conform to Saratoga's Residential Design Handbook was
eliminated)
(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) (h) Overall site coverage may be increased by up to ten percent of the maximum allowed in the
Zoning District for projects containing at least ten percent (10 %) of the units deed restricted to below
market rate housing units.
0) (i) 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 land uses.
• (k) (j) The residential component of a mixed -use project shall be rental and /or owner
occupied. 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.
I1�[�i7
To: Mayor and City Councilmembers
From: Ann Sullivan, City Clerk
Date: June 24, 2010
Re: Question /s Submitted from Public After June 18, 2010 Deadline —
Proposed Initiative Regarding Second Story Limitations
Attached are copies of email correspondence /questions the City received
regarding this agenda item.
l
City Clerk [Ann Sullivan]
From: Lori Ellingboe [Lori. Ellingboe @zoran.com]
Sent: Thursday, June 24, 2010 12:56 PM
To: City Clerk [Ann Sullivan]
Subject: June 24 Study Session on Proposed Initiative Regarding Second Story Limitations in Saratoga
Please explain the relationship between a "more profitable" village and the city's income.
i.e. If the new zoning allowed the builders to put in twice as much retail space, so the store owners earned twice as much
income — how much additional taxes would the city receive?
What percentage of the city's budget comes from the retail businesses?
Lori