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HomeMy WebLinkAbout07-21-2010 SUPPLEMENTAL COUNCIL AGENDACity Clerk [Ann Sullivan] From: City Clerk [Ann Sullivan] Sent: Wednesday, July 21, 2010 4:40 PM To: DL - Council; DL - Planning Commission; 'Jasletra @aol.com'; jim @jimfoley.com Cc: Dave Anderson; John Livingstone Subject: FW: Supplemental materials for Joint Meeting Attachments: Two Story Ballot Measure (Draft 07- 21- 10).doc; Two Story Ballot Measure (Redline of 07 -21 -10 to 07- 15- 10).doc; Supplemental Joint CC -PC staff repo Ballot Measure and Related Actions 7 -21 -10 (Draft 07- 21- 10).doc Importance: Low Dear Everyone — Attached to this email is a Supplemental Staff Report and two attachments pertaining to this evening's 6PM PUBI:;IC I [FARING / SPECIAL, MEETING. Anii Sullivan; CMC City Clerk From: Richard S. Taylor [mailto:RTaylor @smwlaw.com] Sent: Wednesday, July 21, 2010 4:29 PM To: City Clerk [Ann Sullivan] Subject: Supplemental materials for Joint Meeting Ann — Attached please find a supplemental staff report for this evening's joint meeting between the City Council and the Planning Commission. I have also attached an updated draft of the ballot measure and a redline showing changes in this draft from the version distributed with the original staff report. Please forward this to the Council, Commission, and representatives of the initiative steering committee. Thanks, Richard Richard S. Taylor City Attorney City of Saratoga Shute Mihaly & Weinberger LLP 396 Hayes Street San Francisco, CA 94102 415/552 -7272 415/552 -5816 (fax) CONFIDENTIALITY NOTICE The information contained in this email message, including any attachment(s), is privileged, confidential, and protected from disclosure. If you are not the intended recipient, you may not use, copy, or disclose the information contained in this email message. If you think that you have received this email message in error, please email the sender at rtaylor @smwlaw.com or telephone at (415) 552 -7272, and delete all copies of this message. Please consider the environment before printing this e-mail or attachments SARATOGA CITY COUNCIL AND PLANNING COMMISSION JOINT MEETING MEETING DATE: July 21, 2010 DEPARTMENT: Community Development PREPARED BY: John F. Livingstone, AICP AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: John F. Livingstone, AICP SUBJECT: Supplemental Staff Report Concerning Ballot Measure and Related Legislation Based on discussions between the City Council ad hoc committee and representatives of the initiative steering committee since the staff report for this item was prepared there have been minor changes to the ballot measure and to the recommended City Council actions as described below: Ballot Measure The ad hoc recommends, with the support of the initiative steering committee, that the ballot measure be revised to clarify (1)that the measure does not preclude vehicular access to below - grade parking; (2) the description of the exception for below -grade structures on the Northwest side of Big Basin Way; (3) a statement in the preamble of the ballot measure regarding story limits in the Village; and (4) cross - references. This can be accomplished by: Revising the definition of basement to include a statement that: It is not the intent of this section to preclude underground parking. Thus, the Planning Commission may make an exception to the requirement regarding 42" above grade at any point along the perimeter for the purpose of allowing a driveway and or ramp for vehicular access to below grade parking. 2. Revising the text regarding the story limit in Commercial districts to include the bold text shown below: No structure in any commercial district shall exceed two stories except that (1) this restriction shall not apply in the C -N (RHD) District as that district is shown on the zoning map in effect on July 21, 2010 and (2) for properties on the Northwest side of Big Basin Way, a below grade story may be permitted no more than 42" above the grade at any point on the building fagade along Big Basin Way. 3. Revising the second sentence of Finding 1.0 to read as follows: Page 1 of 2 "However, the story limits for the CH -1 and CH -2 commercial zoning districts (the "Village ") in Saratoga were recently removed." 4. Revising section 2.0 to correct the cross - references in section 15- 80.140. The ballot measure as proposed (with the revisions described above) is attached. A redline showing changes from the version in the staff report is also attached. City Council Actions After reviewing the video of the June 24 City Council meeting, the ad hoc and the initiative steering committee agreed that future zoning ordinance amendments would not include changes to the height limits for mixed use projects. They also noted a typographical error in the discussion of the exception process for changing the ratio of residential to commercial uses in mixed use projects. The exception process applies to projects seeking to include less than 50% commercial, not more than 50% as stated in the staff report. Accordingly, the discussion of zoning ordinance amendments in the staff report is revised as follows: The proposed amendments to the mixed use ordinance would: 1. Reinstate- the -26 fee* height limit z a� ll mixed use fete the Housing Element implementation upda4e this limit was feplaeed with a r-equifemeR4 that heigh4s be based on the r nts of the , nde ffini g zoning dirt fi e+. L11UL 11V1�11LJ VV VUJV u o , 1. Specify that mixed use projects may include more less than 50% commercial space (if authorized by the Planning Commission) only if the project includes fewer than five residential units; and 2. Specify that mixed use projects may satisfy some or all of their parking requirements through shared parking (if authorized by the Planning Commission) only if the project includes fewer than five residential units. Page 2 of 2 City of Saratoga Two -Story Building Height Limit for Commercial and Professional and Administrative Office Zoning Districts Section 1. Purpose and Findings. A. The City of Saratoga was founded as a semi - rural, low- density residential community and many residents moved here to enjoy this distinctive feature. Saratoga remains unique among South Bay communities because. of its quiet atmosphere and open space areas, its majestic trees, its wonderful mountain and hillside views, an unusually low crime rate, and neighborhoods minimally affected by commercial, mixed use and office development. B. Saratoga has a long history of generally restricting buildings and development to two stories. The two -story restriction has been crucial to avoiding high- density development, helping to control traffic congestion and promote safety, and to protecting viewsheds throughout the City. C. Saratoga's long- standing two -story limit remains in place for residentially zoned property. However, the story limits for the CH -1 and CH -2 commercial zoning districts (the "Village ") in Saratoga were recently removed. D. The purpose of this measure is to restore the two -story height limit in those zoning districts in the City and require voter approval of any future change to the two -story limit in any commercial or professional and administrative zoning districts. E. This measure applies only to land zoned as Commercial or Professional Administrative and Office and shall not apply to any residentially zoned or other property. Section 2. Amendments to Saratoga City Code The Saratoga Municipal Code is hereby amended as shown below. Text in strikethrough (example) is deleted and text in bold underline (example) is added. Text in standard font is reaffirmed and readopted by this measure. A. Article 15 -18 P -A: PROFESSIONAL AND ADMINISTRATIVE OFFICE DISTRICT. Section 15- 18.090 Height of structures, subsection (b) is amended as follows: (b) No structure shall exceed two stories; provided, >1^.. eve this r-egtFietion hall not apply to a strnrtur -e located within the Village which i found by the appFeving autheFity to be compatible with existing StFuetur-es and the natuFal nnvi,.^nment. This subsection (b) was adopted by a vote of 1 the people and shall not be amended or repealed before December 31. 2039 except by a vote of the people. B. Article 15 -19 C: COMMERCIAL DISTRICTS. Section 15- 19.020 General regulations, is amended to add the following new subsection (j): (i) No structure in any commercial district shall exceed two stories except that (1) this restriction shall not apply in the C- N(RHD) District as that district is shown on the zoning map in effect on July 21.2010 and (2) for properties on the Northwest side of Big Basin Way, a below grade story may be permitted no more than 42" above the grade at any point on the building facade along Big Basin Way. This subsection (il was adopted by a vote of the people and shall not be amended or repealed before December 31, 2039 except by a vote of the people. C. Article 15 -80 MISCELLANEOUS REGULATIONS AND EXCEPTIONS Section 15- 80.140 is added as follows: 15- 80.140 Two - Story Limit in Areas Formerly Designated as Professional and Administrative Office or Commercial zoning districts. (a) The two story limitation set forth in section 15- 18.090(b) and the definitions of "story ". "basement ". and "grade" in subsections 15- 06.655(x) and (c) shall apply to all structures on land that, as of July 21 2010 was located in the Professional and Administrative Office zoning district regardless of the land's zoning district designation at the time a structure is proposed. (b) The two story limitation set forth in section 15- 19.020(j) and the definitions of "story ". "basement ". and "grade" in subsections 15- 06.655 (a) and (c) shall apply to all structures on land that, as of July 21.2010 was located in a Commercial zoning district regardless of the land's zoning district designation at the time a structure is proposed. (c) This section was adopted by a vote of the people and shall not be amended or repealed before December 31. 2039 except by a vote of the people. Section 3. Conforming Amendments to Saratoga City Code In order to promote implementation of the amendments made by Section 2 of this measure, section 15- 06.655 (Definition of "Story ") of the Saratoga Municipal Code is hereby amended as shown below. Text in strikethrough (fie) is deleted and text in bold underline (example) is added. All figures are added. Text in standard font is reaffirmed and readopted by this measure. "Story" .means (a) In any Commercial or Professional and Administrative Office District, 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. (b) In all other zoning districts 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. (c) For the purpose of subsection (a). above. "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. 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. It is not the intent of this section to preclude underground parking. Thus. the Planning Commission may make an exception to the requirement regarding 42" above grade at any point along the perimeter for the purpose of allowing a driveway and or ramp for vehicular access to below grade parking. _(d) Subsections (a), fcl, and this subsection (d) were adopted by a vote of the people and shall not be amended or repealed before December 31.2039 except by.a vote of the people. Section 4. Implementation. A. It is the intent of the voters that the provisions of this measure shall be broadly construed in a manner that facilitates the purposes set forth herein and that this measure be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If the number of stories of a specific project remains ambiguous after considering the terms of this measure and other relevant City policies and ordinances, then that ambiguity shall be resolved in favor of the most restrictive limit for stories. Within a reasonable period following the effective date of this measure the City Council shall amend the Saratoga Village Plan and Village Design Guidelines to include the two -story limit applicable in the Village pursuant to section 2.13 of this measure. B. Except as otherwise required by State or Federal law, upon the date of insertion of the provisions of Section 2 of this measure into the City of Saratoga Municipal Code, all General Plan amendments, rezonings, specific plans, tentative subdivision maps, parcel maps, conditional use permits, building permits or other ministerial or discretionary entitlements for use not yet approved or issued shall not be approved or issued unless consistent with the provisions of this measure. C. Nothing in this measure shall be construed to limit the discretion of the City Council to allow structures existing or approved as of the effective date of this measure that do not conform to the requirements imposed by this measure to remain as legal conforming structures and to be remodeled, 4 rebuilt partially or in their entirety, or otherwise improved except to the extent that such actions would increase the extent of the non - conformity with this measure beyond that of the existing or approved structure on the effective date of this measure. D. This measure shall not apply to prohibit any development project or ongoing activity that has obtained, as of the effective date of this initiative, a vested right pursuant to State or local law or be interpreted to apply to any land or prohibit any use that, under State or Federal law, is beyond the power of the local voters to affect by the initiative power reserved to the people via the California Constitution. E. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or portion of this measure is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this measure. The voters hereby declare that this measure, and each section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or portion thereof would have been adopted or passed even if one or more sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, parts, or portions are declared invalid or unconstitutional. If any provision of this measure is held invalid as applied to any person or circumstance, such invalidity shall not affect any application of this measure that can be given effect without the invalid application. F. This measure shall remain in effect through 2039 and shall not be amended or repealed before that date except by a vote of the people provided, however, that this restriction shall not apply to Municipal Code section 15- 06.655(b). P: \SARATOGA \Ordinances \Initiatives \2010 Second Story Requirement Measure \Alternative Measures \Two Story Ballot Measure (Draft 07- 21- 10).doc 61 City of Saratoga Two -Story Building Height Limit for Commercial and Professional and Administrative Office Zoning Districts Section 1. Purpose and Findings. A. The City of Saratoga was founded as a semi - rural, low- density residential community and many residents moved here to enjoy this distinctive feature. Saratoga remains unique among South Bay communities because of its quiet atmosphere and open space areas, its majestic trees, its wonderful mountain and hillside views, an unusually low crime rate, and neighborhoods minimally affected by commercial, mixed use and office development. B. Saratoga has a long history of generally restricting buildings and development to two stories. The two -story restriction has been crucial to avoiding high - density development, helping to control traffic congestion and promote safety, and to protecting viewsheds throughout the City. C. Saratoga's long - standing two -story limit remains in place for residentially zoned property. However, the two -story 4mitlimits for the CH -1 and CH -2 commercial zoning districts (the "Village ") in Saratoga waswere recently removed. D. The purpose of this measure is to restore the two -story height limit in those zoning districts in the City and require voter approval of any future change to the two -story limit in any commercial or professional and administrative zoning districts. E. This measure applies only to land zoned as Commercial or Professional Administrative and Office and shall not apply to any residentially zoned or other property. Section 2. Amendments to Saratoga City Code The Saratoga Municipal Code is hereby amended as shown below. Text in strikethrough (eaple) is deleted and text in bold underline (example) is added. Text in standard font is reaffirmed and readopted by this measure. A. Article 15 -18 P -A: PROFESSIONAL AND ADMINISTRATIVE OFFICE DISTRICT. Section 15- 18.090 Height of structures, subsection (b) is amended as follows: (b) No structure shall exceed two stories; provided, however-, this restriction shall not apply to a structure located within the Village whisk is found by the approving author" to be compatible with existing structures and the natural environment. This subsection (b) was adopted by a vote of 1 the people and shall not be amended or repealed before December 31. 2039 except by a vote of the people. B. Article 15 -19 C: COMMERCIAL DISTRICTS. Section 15- 19.020 General regulations, is amended to add the following new subsection (j): (j) No structure in any commercial district shall exceed two stories except that (1) this restriction shall not apply in the C- N(RHD) District as that district is shown on the zoning map in effect on July 21.2010 and (2) for properties on the Northwest side of Big Basin Way, a third below th-e -grade of the Big Basin Way adway.story may be permitted for the rear of ° *r-w -tU -es if the bell w-no more than 42" above the grade story faces Saratoga Creekat any point on the West-s4& & c4building facade along Big Basin Way. This subsection (j) was adopted by a vote of the people and shall not be amended or repealed before December 31, 2039 except by a vote of the people. C. Article 15 -80 MISCELLANEOUS REGULATIONS AND EXCEPTIONS Section 15- 80.140 is added as follows: 15- 80.140 Two -Story Limit in Areas Formerly Designated as Professional and Administrative Office or Commercial zoning districts. (a) The two story limitation set forth in section 15- 18.090(b) and the definitions of "story ". "basement ". and "ayer -age slomgrade" in subsections 15- 06.655(akz") and (dc) shall apply to all structures on land that, as of July 21, 2010 was located in the Professional and Administrative Office zoning district regardless of the land's zoning district designation at the time a structure is proposed. (b) The two story limitation set forth in section 15- 19.020(j) and the definitions of "story". "basement ". and "ayerage slWiegrade" in subsections 15- 06.655(a)JA) and (dc) shall apply to all structures on land that, as of July 21, 2010 was located in a Commercial zoning district regardless of the land's zoning district designation at the time a structure is proposed. (c) This section was adopted by a vote of the people and shall not be amended or repealed before December 31, 2039 except by a vote of the people. Section 3. Conforming Amendments to Saratoga City Code In order to promote implementation of the amendments made by Section 2 of this measure, section 15- 06.655 (Definition of "Story ") of the Saratoga Municipal Code is hereby amended as shown below. Text in strikethrough (example) is deleted and text in bold underline (example) is added. All figures are added. Text in standard font is reaffirmed and readopted by this measure. "Story" means (a) In any Commercial or Professional and Administrative Office District, that portion of a building included between the surface of an 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 stork (b) In all other zoning districts 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. (c) For the purpose of subsection (a). above. "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. 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. It is not the intent of this section to preclude underground parking. Thus. the Planning Commission may make an exception to the requirement regarding 42" above grade at any point along the perimeter for the purpose of allowing a driveway and or ramp for vehicular access to below grade parking, 3 A I �k'.4'111' ►1`I aP i'v'd'4 re III •16 ialti;ll�,+c Y (d) Subsections (a), (c). and this subsection (d) were adopted by a vote of the people and shall not be amended or repealed before December 31, 2039 except by a vote of the people. Section 4. Implementation. A. It is -the intent of the voters that the provisions of this measure shall be broadly construed in a manner that facilitates the purposes set forth herein and that this measure be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If the number of stories of a specific project remains ambiguous after considering the terms of this measure and other relevant City policies and ordinances, then that ambiguity shall be resolved in favor of the most restrictive limit for stories. Within a reasonable period following the effective date of this measure the City Council shall amend the Saratoga Village Plan and Village Design Guidelines to include the two -story limit applicable in the Village pursuant to section 2.13 of this measure. B. Except as otherwise required by State or Federal law, upon the date of insertion of the provisions of Section 2 of this measure into the City of Saratoga Municipal Code, all General Plan amendments, rezonings, specific plans, tentative subdivision maps, parcel maps, conditional use permits, building permits or other ministerial or discretionary entitlements for use not yet approved or issued shall not be approved or issued unless consistent with the provisions of this measure. C. Nothing in this measure shall be construed to limit the discretion of the City Council to allow structures existing or approved as of the effective date of this measure that do not conform to.the requirements imposed by this measure to remain as legal conforming structures and to be remodeled, 4 rebuilt partially or in their entirety, or otherwise improved except to the extent that such actions would increase the extent of the non - conformity with this measure beyond that of the existing or approved structure on the effective date of this measure. D. This measure shall not apply to prohibit any development project or ongoing activity that has obtained, as of the effective date of this initiative, a vested right pursuant to State or local law or be interpreted to apply to any land or prohibit any use that, under State or Federal law, is beyond the power of the local voters to affect by the initiative power reserved to the people via the California Constitution. E. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or portion of this measure is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this measure. The voters hereby declare that this measure, and each section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or portion thereof would have been adopted or passed even if one or more sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, parts, or portions are declared invalid or unconstitutional. If any provision of this measure is held invalid as applied to any person or circumstance, such invalidity shall not affect any application of this measure that can be given effect without the invalid application. F. This measure shall remain in effect through 2039 and shall not be amended or repealed before that date except by a vote of the people provided, however, that this restriction shall not apply to Municipal Code section 15- 06.655(,). P: \SARATOGA \Ordinances \Initiatives \2010 Second Story Requirement Measure \Alternative Measures \Two Story Ballot Measure (Redline of 07 -21 -10 to 07- 15- 10).doc Memo To: City Council From: Ann Sullivan Date: July 21, 2010 Re: Agenda Item 1— Appointment of One Planning Commissioner and Oath of Office Attached is the Resolution appointing Tina K. Walia to the Planning Commission to fill the unexpired term of Manny Cappello. Ann Sullivan, CMC City Clerk RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING ONE MEMBER TO THE PLANNING COMMISSION WHEREAS, one vacancy was created on the Planning Commission resulting from the appointment of Planning Commissioner Manny Cappello to the City Council on June 7, 2010 to fill the unexpired term of Councilmember Susie Nagpal; and WHEREAS, a notice of vacancy was posted, applications were received, interviews have been conducted, and it is now appropriate to fill the vacancy. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the following appointment is made for filling the unexpired term of Manny Cappello. The term for this appointment is as follows: TINA K. WALIA — July 20, 2010 to April 1, 2013 The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 21 S` day of July 2010 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Kathleen M. King, Mayor ATTEST: Ann Sullivan, City Clerk Memo To: City Council From: Ann Sullivan Date: July 21, 2010 Re: Agenda Item 11— Proposed Ballot Measure to Limit Structures in all Commercial and Professional Administrative Office Zoning Districts to Two Stories Attached is additional documentation regarding Item 11 on tonight's Regular Council Meeting Agenda. Ann Sullivan, CMC City Clerk, City of Saratoga Two -Story Building Height Limit for Commercial and Professional and Administrative Office Zoning Districts Section 1. Purpose and Findings. A. The City of Saratoga was founded as a semi - rural, low- density residential community and many residents moved here to enjoy this distinctive feature. Saratoga remains unique among South Bay communities because of its quiet atmosphere and open space areas, its majestic trees, its wonderful mountain and hillside views, an unusually low crime rate, and neighborhoods minimally affected by commercial, mixed use and office development. B. Saratoga has a long history of generally restricting buildings and development to two stories. The two -story restriction has been crucial to avoiding high- density development, helping to control traffic congestion and promote safety, and to protecting viewsheds throughout the City. C. Saratoga's long- standing two -story limit remains in place for residentially zoned property. However, the story limits for the CH -1 and CH -2 commercial zoning districts (the "Village ") in Saratoga were recently removed. D. The purpose of this measure is to restore the two -story height limit in those zoning districts in the City and require voter approval of any future change to the two -story limit in any commercial or professional and administrative zoning districts. E. This measure applies only to land zoned as Commercial or Professional Administrative and Office and shall not apply to any residentially zoned or other property. Section 2. Amendments to Saratoga City Code The Saratoga Municipal Code is hereby amended as shown below. Text in strikethrough (example) is deleted and text in bold underline (example) is added. Text in standard font is reaffirmed and readopted by this measure. A. Article 15 -18 P -A: PROFESSIONAL AND ADMINISTRATIVE OFFICE DISTRICT. Section 15- 18.090 Height of structures, subsection (b) is amended as follows: (b) No structure shall exceed two stories; pr- eyi.-lerl, however, th;S r-eStFiCOOR shall not apply to a str morn leeate`l within the Village V hllr.h ll � found by the apPFC)Ving authority to be compatible with existing structures 1J l the natural environment. This subsection (b) was adopted by a vote of 1 the people and shall not be amended or repealed before December 31. 2039 except by a vote of the people. B. Article 15 -19 C: COMMERCIAL DISTRICTS. Section 15- 19.020 General regulations, is amended to add the following new subsection (j): (i) No structure in any commercial district shall exceed two stories except that (1) this restriction shall not apply in the C- N(RHD) District as that district is shown on the zoning map in effect on July 21, 2010 and (2) for properties on the Northwest side of Big Basin Way, a below grade story may be permitted no more than 42" above the grade at any point on the building facade along Big Basin Way. This subsection (i) was adopted by a vote of the people and shall not be amended or repealed before December 31, 2039 except by a vote of the people. C. Article 15 -80 MISCELLANEOUS REGULATIONS AND EXCEPTIONS Section 15- 80.140 is added as follows: 15- 80.140 Two - Story Limit in Areas Formerly DesiEnated as Professional and Administrative Office or Commercial zoning districts. (a) The two story limitation set forth in section 15- 18.090(b) and the definitions of "story ". "basement ". and "grade" in subsections 15- 06.655 (a) and (c) shall apply to all structures on land that, as of July 21 2010 was located in the Professional and Administrative Office zoning district regardless of the land's zoning district designation at the time a structure is proposed. (b) The two story limitation set forth in section 15- 19.020(j) and the definitions of "story ". "basement ". and "grade" in subsections 15- 06 655(a) and (c) shall apply to all structures on land that, as of July 21, 2010 was located in a Commercial zoning district regardless of the land's zoning district designation at the time a structure is proposed. (c) This section was adopted by a vote of the people and shall not be amended or repealed before December 31, 2039 except by a vote of the people. Section 3. Conforming Amendments to Saratoga City Code In order to promote implementation of the amendments made by Section 2 of this measure, section 15- 06.655 (Definition of "Story ") of the Saratoga Municipal Code is hereby amended as shown below. Text in strikethrough (fie) is deleted and 2 text in bold underline (example) is added. All figures are added. Text in standard font is reaffirmed and readopted by this measure. "Story" means (a) In any Commercial or Professional and Administrative Office District, 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. (b) In all other zoning districts 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. (c) For the purpose of subsection (a). above. "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. 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. It is not the intent of this section to preclude underground parking. Thus, the Planning Commission may make an exception to the requirement regarding 42" above grade at any point along the perimeter for the purpose of allowing a driveway and or ramp for vehicular access to below grade parking. 3 (d) Subsections (a), (c), and this subsection (d) were adopted by a vote of the people and shall not be amended or repealed before December 31, 2039 except by a vote of the people. Section 4. Implementation. A. It is the intent of the voters that the provisions of this measure shall be broadly construed in a manner that facilitates the purposes set forth herein and that this measure be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If the number of stories of a specific project remains ambiguous after considering the terms of this measure and other relevant City policies and ordinances, then that ambiguity shall be resolved in favor of the most restrictive limit for stories. Within a reasonable period following the effective date of this measure the City Council shall amend the Saratoga Village Plan and Village Design Guidelines to include the two -story limit applicable in the Village pursuant to section 2.13 of this measure. B. Except as otherwise required by State or Federal law, upon the date of insertion of the provisions of Section 2 of this measure into the City of Saratoga Municipal Code, all General Plan amendments, rezonings, specific plans, tentative subdivision maps, parcel maps, conditional use permits, building permits or other ministerial or discretionary entitlements for use not yet approved or issued shall not be approved or issued unless consistent with the provisions of this measure. C. Nothing in this measure shall be construed to limit the discretion of the City Council to allow structures existing or approved as of the effective date of this measure that do not conform to the requirements imposed by this measure to remain as legal conforming structures and to be remodeled, n rebuilt partially or in their entirety, or otherwise improved except to the extent that such actions would increase the extent of the non- conformity with this measure beyond that of the existing or approved structure on the effective date of this measure. D. This measure shall not apply to prohibit any development project or ongoing activity that has obtained, as of the effective date of this initiative, a vested right pursuant to State or local law or be interpreted to apply to any land or prohibit any use that, under State or Federal law, is beyond the power of the local voters to affect by the initiative power reserved to the people via the California Constitution. E. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or portion of this measure is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this measure. The voters hereby declare that this measure, and each section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or portion thereof would have been adopted or passed even if one or more sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, parts, or portions are declared invalid or unconstitutional. If any provision of this measure is held invalid as applied to any person or circumstance, such invalidity shall not affect any application of this measure that can be given effect without the invalid application. F. This measure shall remain in effect through 2039 and shall not be amended or repealed before that date except by a vote of the people provided, however, that this restriction shall not apply to Municipal Code section 15- 06.655(b). P: \SARATOGA \Ordinances \Initiatives \2010 Second Story Requirement Measure \Alternative Measures \Two Story Ballot Measure (Draft 07- 21- 10).doc 5 Memo To: City Council From: Ann Sullivan Date: July 21, 2010 Re: Agenda Item 11— EMAIL Correspondence Attached is correspondence the City Clerk received regarding Agenda Item 11 on tonight's agenda. Ann Sullivan, CMC City Clerk City Clerk [Ann Sullivan] From: Adam Montgomery [amontgomery@silvar.org] Sent: Wednesday, July 21, 2010 3:10 PM To: Kathleen King; Jill Hunter; Chuck Page; Howard Miller; Manny Cappello Cc: City Clerk [Ann Sullivan] Subject: Comment Letter Regarding Item 11 for 7/21/2010 Council Meeting Attachments: SILVAR_Item_11_7_21_10.pdf Good Afternoon, I have attached a comment from the Silicon Valley Association of REALTORSO regarding agenda item #11, "Proposed ballot measure to limit structures in all Commercial and Professional and Administrative Office Zoning Districts to two stories" for tonight's city council meeting. If you have any questions please contact me at your convenience. Thank you, Adam Adam Montgomery Government Affairs Director Silicon Valley Association of REALTORSO 19400 Stevens Creek Blvd. #100 Cupertino, Ca. 95014 408 - 200 -0100 (Main) 408 - 200 -0108 (Direct) . 650- 223 -4597 (Cell) 408 - 200 -0101 (Fax) amontaomervaa asilvar. ora www.silvar.or Sihcotl Valtey Assoc iation"of REALTORS '.01`0 Honorable Kathleen; King Mayor, `Ctyof.Saratoga. 13777 fruitvale Avenue Saratoga,: CA.95070 Dear Mayor King and; Co"uncit Members, The Silicon Valley Association of REALTORS: (SILVAR) -is aIrade association representing over 40 "66 real, estate, professonals; in Santa Clara and San Mateo counties..Our- association;has historicallybeen,an,adVocate for ho eowners-and,fairpublic policy. We would like, to eoffirnent . regarding the "Proposed ,ballot measure °to limit structures in all Commercial and Professional and Adm- inistrative "Office Zoning Districts to two stories "Al at will beFdiscussed; at the July 21 City Council meeting. Although we have not taken an ;official position on the measure being considered ;T& placement on the November ballot, we Have a:standing policy in opposition to these types of.ballot box zoning measures and, as su&, we "have concerns regarding thisproposal We -understand and empathize with City Council's situation, as it appears ".the'Council has beenplaced between a rock and a hard place by the "petitioners. However, the:.one- time ;election cost:of over�$500,000 °to place" the petitioners' potential measure on an upcoming.special :election ballot is faiJle s than the long -term negative economic;, environmental; "and° fiscal imp pacts of the City - sponsored alternative measure; which couldhaunt the City for 30 years, if approved by:the voters., By the petitioners o -n admission`-at the June" 24.study session, `their proposed initiativeds poorly written,. with. many poteintially negative unintended consequences that` would impact :businesses and "homeowners: Itis unfortunate-that" a:few self.- appointed;individuals with a. cavalier approach to lawmaking seek -to impose their will on :businesses, residents and property owners through this proposedCity- sponsored measure. `VJe believe it is prudent that Council not approve the proposed; alternative measure for the ballot until the petitioners can, in goo&faith, submitaheir initiative for verification "to the City Clerk. The. consideration and adoption of ballot box zoning measures issimply bad ...ptiblic policy: Claims that t his-issue should be'up to arid.lbeked into by the voters, runs contraryto "sound land use practices "and' undermines the" authority'bf the City and the voters ,who, make land use decisions ihrough,the. representatives "they elect every two years. Through, this action, the voters of today will be "given the ability to supersede the :ne.eds,, demands and will of Saratoga res dents over the-nextt30 years There, are several direct,eonsegacnces not; studied ,or included ;in the,statf report discussion which may occur; if this measure is successful: 19400 Srevcns CrcA Blvd, Suite 100,'- C. U crtino,, CA 95014 ,Rhone: 408.1010.0 tOO: - Fax: 404.200.0.10'1" • =www Oyar, org. o' Displacement :.If'approved. by the vbteffthils measure would make it extremely difficult, if° not impossible, for projects;_n these "zoning districts to meet future and current land use demands.:Those demands; and heeds will not disappear, but will be'displaced, to; other'areas, of the city or neighboring jurisdictions: Sprawl: Many"of the lots impacted bythis,proposal, are centrally located i'n the city: "Displacements will lead to further sprawling, communities, increasing >vehicle"miles "traveled' and "potential encroachment into :current open spaces or vacant lands. Less - Ptib1 "ic,Oversight: Because anyfiiial decision to encroach above the two- story'limit in. "these zoning;districts will be-up, to "the voters, the multi-year public development review process will :have `less, bearing and may be,bypassed. If "a costly election isrequired after a" lengthy and costly. public ":review process,. developers -may prefer to go directly to the voters With their projects.; iv, -Noi- compliance with state. law: `The measure will, make it more difficult for the City" to'be in. compliance'with SB 37S,and future Reg "ional'Hoi! ingNeeds Allocations (RHN, which will have a direct'financial impact on thecity. • Discourage Investment: 'lnvestment and reinvestment= mcommercial properties will.be irihibited.by these restrictions. This will.restrict the availability of.new office and,retail space, limiting'Saratoga °s ability °to attract new,buusinesses, ,The utilzation,of "property will'be ,greatly diminished. because: the cap on" stories; .not height, greatly reduces the types; of buildings that can'be built at equivalent heights. • Larger' Encroachments: Efforts to maximize the utilization, of property under therestrictions "may lead. to. buildings -larger in mass encroaching on areas.:of a:property-that could otherwise be used for open spaces or narking. Iris iniportantto note that the "lot coverage restrictions; such as,floor;area ratio and setbacks; are, not. part ofth s._measure; sq;exclusioi s can be; " made; for those, variances: without going to the voters:for approval. From reviewirigtlie staff report, it is clear "the City$as`aakenfew; if any,; steps to solicit feedback or address concerns. ofrbusines "ses and property.owners directly impacted by the; current:proposal. lastead, the intent- of`the measure is to meet the minimum >demands'of the petitioners; If successful, some,property, owners mayyiew this action:as a taking. without "due process or just compensation. Without an adequate dialogue with impacted property owners; the future. liability exposure the City may receive by this action is unknown. We respectfully request: "the: City not approve "the measure; until adequate outreach.to property, owners and further study can be completed "regarding the ",proposed measure.: Thank`you for giving methe opportunityto comment" on'behalf of -the Silicon Valley-Association of'REALTORSO. Sincerely; r Adam Montgomery Government Affairs Director Silicon Valley. Asso.ciation of,REALTORSO Memo To: City Council From: Arm Sullivan Date: July 21, 2010 Re: 6PM PUBLIC HEARING / SPECIAL MEETING — Legislation Concerning Commercial, Professional and Administrative Office and Mixed Use Projects including (1) proposed ballot measure to limit to two stories structures in all Commercial and Professional and Administrative Office Zoning Districts: (2) General Plan Amendment to limit density increases to the existing C -N (RHD) zoning district; and (3) Zoning Ordinance Amendments concerning mixed use projects, nonconforming uses, and related matters. Attached is a additional supplemental staff report and attachments regarding the 6PM Public Hearing / Special Meeting this evening. Ann Sullivan, CMC City Clerk SARATOGA CITY COUNCIL AND PLANNING COMMISSION JOINT MEETING MEETING DATE: July 21, 2010 DEPARTMENT: Community Development PREPARED BY: John F. Livingstone, AICP AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: John F. Livingstone, AICP SUBJECT: Supplemental Staff Report Concerning Ballot Measure and Related Legislation Based on discussions between the City Council ad hoc committee and representatives of the initiative steering committee since the staff report for this item was prepared there have been minor changes to the ballot measure and to the recommended City Council actions as described below: Ballot Measure The ad hoc recommends, with the support of the initiative steering committee, that the ballot measure be revised to clarify (1)that the measure does not preclude vehicular access to below - grade parking; (2) the description of the exception for below -grade structures on the Northwest side of Big Basin Way; (3) a statement in the preamble of the ballot measure regarding story limits in the Village; and (4) cross - references. This can be accomplished by: 1. Revising the definition of basement to include a statement that: It is not the intent of this section to preclude underground parking. Thus, the Planning Commission may make an exception to the requirement regarding 42" above grade at any point along the perimeter for the purpose of allowing a driveway and or ramp for vehicular access to below grade parking. 2. Revising the text regarding the story limit in Commercial districts to include the bold text shown below: No structure in any commercial district shall exceed two stories except that (1) this restriction shall not apply in the C -N (RHD) District as that district is shown on the zoning map in effect on July 21, 2010 and (2) for properties on the Northwest side of Big Basin Way, a below grade story may be permitted no more than 42" above the grade at any point on the building facade along Big Basin Way. 3. Revising the second sentence of Finding 1.0 to read as follows: Page 1 of 2 "However, the story limits for the CH -1 and CH -2 commercial zoning districts (the "Village ") in Saratoga were recently removed." 4. Revising section 2.0 to correct the cross - references in section 15- 80.140. The ballot measure as proposed (with the revisions described above) is attached. A redline showing changes from the version in the staff report is also attached. City Council Actions After reviewing the video of the June 24 City Council meeting, the ad hoc and the initiative steering committee agreed that future zoning ordinance amendments would not include changes to the height limits for mixed use projects. They also noted a typographical error in the discussion of the exception process for changing the ratio of residential to commercial uses in mixed use projects. The exception process applies to projects seeking to include less than 50% commercial, not more than 50% as stated in the staff report. Accordingly, the discussion of zoning ordinance amendments in the staff report is revised as follows: The proposed amendments to the mixed use ordinance would: 1 . Reinstate the 26 feet inwdmuffi height lifflit zef all mixed use pr-ejeets r,,,fi g t Housing Element implementation update this. limit was feplaeed with a r-equir-ement 1. Specify that mixed use projects may include mere less than 50% commercial space (if authorized by the Planning Commission) only if the project includes fewer than five residential units; and 2. Specify that mixed use projects may satisfy some or all of their parking requirements through shared parking (if authorized by the Planning Commission) only if the project includes fewer than five residential units. Page 2 of 2 City of Saratoga Two -Story Building Height Limit for Commercial and Professional and Administrative Office Zoning Districts Section 1. Purpose and Findings. A. The City of Saratoga was founded as a semi - rural, low- density residential community and many residents moved here to enjoy this distinctive feature.. Saratoga remains unique among South Bay communities because of its quiet atmosphere and open space areas, its majestic trees, its wonderful mountain and hillside views, an unusually low crime rate, and neighborhoods minimally affected by commercial, mixed use and office development. B. Saratoga has a long history of generally restricting buildings and development to two stories. The two -story restriction has been crucial to avoiding high- density development, helping to control traffic congestion and promote safety, and to protecting viewsheds throughout the City. C. Saratoga's long- standing two -story limit remains in place for residentially zoned property. However, the two story lii-tlimits for the CH -1 and CH -2 commercial zoning districts (the "Village ") in Saratoga wa-swere recently removed. D. The purpose of this measure is to restore the two -story height limit in those zoning districts in the City and require voter approval of any future change to the two -story limit in any commercial or professional and administrative zoning districts. E. This measure applies only to land zoned as Commercial or Professional Administrative and Office and shall not apply to any residentially zoned or other property. Section 2. Amendments to Saratoga City Code The Saratoga Municipal Code is hereby amended as shown below. Text in strikethrough (fie) is deleted and text in bold underline (example) is added. Text in standard font is reaffirmed and readopted by this measure. A. Article 15 -18 P -A: PROFESSIONAL AND ADMINISTRATIVE OFFICE DISTRICT. Section 15- 18.090 Height of structures, subsection (b) is amended as follows: (b) No structure shall exceed two stories; provided, however-, this nst t' shall t ply to a structure located within the Village torhi found by the approving authority to be compatible with existing structures .,n,-1 the natural environment. This subsection (b) was adopted by a vote of 1 the people and shall not be amended or repealed before December 31. 2039 except by a vote of the people. B. Article 15 -19 C: COMMERCIAL DISTRICTS. Section 15- 19.020 General regulations, is amended to add the following new subsection (j): (j) No structure in any commercial district shall exceed two stories except that (1) this restriction shall not apply in the C- N(RHD) District as that district is shown on the zoning map in effect on July 21.2010 and (2) f6r properties on the Northwest side of Big Basin Way, a th-iM stor -y. entiE '° below the-grade .stor�av be permitted or- the rear- of °quet „r-es if the below-no more than 42” above the grade story faces Saratoga Creel at any point on the `"'.. e� elbuilding facade along Big Basin Way. This subsection (j) was adopted by a vote of the people and shall not be amended or repealed before December 31, 2039 except by a vote of the people. C. Article 15 -80 MISCELLANEOUS REGULATIONS AND EXCEPTIONS Section 15- 80.140 is added as follows: 15- 80.140 Two -Stogy Limit in Areas Formerly Designated as Professional and Administrative Office or Commercial zoning districts. (a) The two story limitation set forth in section 15- 18.090(b) and the definitions of "story ". "basement ". and "ayer -age slope-grade" in subsections 15- 06.655(aal4a) and (dc) shall apply to all structures on land that, as of July 21, 2010 was located in the Professional and Administrative Office zoning district regardless of the land's zoning district designation at the time a structure is proposed. (b) The two story limitation set forth in section 15- 19.020(j) and the definitions of "story ". "basement ". and °rag^ slgMgrade" in subsections 15- 06.655(al(A ) and (dc) shall apply to all structures on land that, as of July 21, 2010 was located in a Commercial zoning district regardless of the land's zoning district designation at the time a structure is proposed. (c) This section was adopted by a vote of the people and shall not be amended or repealed before December 31, 2039 except by a vote of the people. Section 3. Conforming Amendments to Saratoga City Code In order to promote implementation of the amendments made by Section 2 of this measure, section 15- 06.655 (Definition of "Story ") of the Saratoga Municipal Code is hereby amended as shown below. Text in strikethrough (example) is deleted and text in bold underline (example) is added. All figures are added. Text in standard font is reaffirmed and readopted by this measure. "Story" means (a) In any Commercial or Professional and Administrative Office District, 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. (b) In all other zoning districts 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. (c) For the purpose of subsection (a). above. "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. 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. It is not the intent of this section to preclude underground parking. Thus. the Planning Commission may make an exception to the requirement regarding 42" above grade at any point along the perimeter for the purpose of allowing a driveway and or ramp for vehicular access to below grade parking. 3 (d) Subsections (a). (c), and this subsection (d) were adopted by a vote of the people and shall not be amended or repealed before December 31, 2039 except by a vote of the people. Section 4. Implementation. A. It is the intent of the voters that the provisions of this measure shall be broadly construed in a manner that facilitates the purposes set forth herein and that this measure be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If the number of stories of a specific project remains ambiguous after considering the terms of this measure and other relevant City policies and ordinances, then that ambiguity shall be resolved in favor of the most restrictive limit for stories. Within a reasonable period following the effective date of this measure the City Council shall amend the Saratoga Village Plan and Village Design Guidelines to include the two -story limit applicable in the Village pursuant to section 2.13 of this measure. B. Except as otherwise required by State or Federal law, upon the date of insertion of the provisions of Section 2 of this measure into the City of Saratoga Municipal Code, all General Plan amendments, rezonings, specific plans, tentative subdivision maps, parcel maps, conditional use permits, building permits or other ministerial or discretionary entitlements for use not yet approved or issued shall not be approved or issued unless consistent with the provisions of this measure. C. Nothing in this measure shall be construed to limit the discretion of the City Council to allow structures existing or approved as of the effective date of this measure that do not conform to the requirements imposed by this measure to remain as legal conforming structures and to be remodeled, 4 rebuilt partially or in their entirety, or otherwise improved except to the extent that such actions would increase the extent of the non - conformity with this measure beyond that of the existing or approved structure on the effective date of this measure. D. This measure shall not apply to prohibit any development project or ongoing activity that has obtained, as of the effective date of this initiative, a vested right pursuant to State or local law or be interpreted to apply to any land or prohibit any use that, under State or Federal law, is beyond the power of the local voters to affect by the initiative power reserved to the people via the California Constitution. E. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or portion of this measure is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this measure. The voters hereby declare that this measure, and each section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or portion thereof would have been adopted or passed even if one or more sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, parts, or portions are declared invalid or unconstitutional. If any provision of this measure is held invalid as applied to any person or circumstance, such invalidity shall not affect any application of this measure that can be given effect without the invalid application. F. This measure shall remain in effect through 2039 and shall not be amended or repealed before that date except by a vote of the people provided, however, that this restriction shall not apply to Municipal Code section 15- 06.655(,). P: \SARATOGA \Ordinances \Initiatives \2010 Second Story Requirement Measure \Alternative Measures \Two Story Ballot Measure (Redline of 07 -21 -10 to 07- 15- 10).doc 5 City of Saratoga Two -Story Building Height Limit for Commercial and Professional and Administrative Office Zoning Districts Section 1. Purpose and Findings. A. The City of Saratoga was founded as a semi - rural, low- density residential community and many residents moved here to enjoy this distinctive feature. Saratoga remains unique among South Bay communities because of its quiet atmosphere and open space areas, its majestic trees, its wonderful mountain and hillside views, an unusually low crime rate, and neighborhoods minimally affected by commercial, mixed use and office development. B. Saratoga has a long history of generally restricting buildings and development to two stories. The two -story restriction has been crucial to avoiding high- density development, helping to control traffic congestion and promote safety, and to protecting viewsheds throughout the City. C. Saratoga's long- standing two -story limit remains in place for residentially zoned property. However, the story limits for the CH -1 and CH -2 commercial zoning districts (the "Village ") in Saratoga were recently removed. D. The purpose of this measure is to restore the two -story height limit in those zoning districts in the City and require voter approval of any future change to the two -story limit in any commercial or professional and administrative zoning districts. E. This measure applies only to land zoned as Commercial or Professional Administrative and Office and shall not apply to any residentially zoned or other property. Section 2. Amendments to Saratoga City Code The Saratoga Municipal Code is hereby amended as shown below. Text in strikethrough (fie) is deleted and text in bold underline (example) is added. Text in standard font is reaffirmed and readopted by this measure. A. Article 15 -18 P -A: PROFESSIONAL AND ADMINISTRATIVE OFFICE DISTRICT. Section 15- 18.090 Height of structures, subsection (b) is amended as follows: (b) No structure shall exceed two stories; provided, however- this r-estr-ietien shall of apply to a structure located • athin the Village whi�h_ic found by the approving authority to he compatible with existing struetur -e.s and the natural environment. This subsection (b) was adopted by a vote of 1 the people and shall not be amended or repealed before December 31, 2039 except by a vote of the people. B. Article 15 -19 C: COMMERCIAL DISTRICTS. Section 15- 19.020 General regulations, is amended to add the following new subsection (j): (i) No structure in any commercial district shall exceed two stories except that (1) this restriction shall not apply in the C- N(RHD) District as that district is shown on the zoning map in effect on July 21.2010 and (2) for properties on the Northwest side of Big Basin Way, a below grade story may be permitted no more than 42" above the grade at any point on the building facade along Big Basin Way. This subsection (i) was adopted by a vote of the people and shall not be amended or repealed before December 31, 2039 except by a vote of the people. C. Article 15 -80 MISCELLANEOUS REGULATIONS AND EXCEPTIONS Section 15- 80.140 is added as follows: 15- 80.140 Two - Story Limit in Areas Formerly Designated as Professional and Administrative Office or Commercial zoning districts. (a) The two story limitation set forth in section 15- 18.090(b) and the definitions of "story". "basement ". and "grade" in subsections 15- 06.655 (a) and (c) shall apply to all structures on land that, as of July 21, 2010 was located in the Professional and Administrative Office zoning district regardless of the land's zoning district designation at the time a structure is proposed. (b) The two story limitation set forth in section 15- 19.020(j) and the definitions of "story". "basement ". and "grade" in subsections 15- 06.655(a) and (c) shall apply to all structures on land that, as of July 21, 2010 was located in a Commercial zoning district regardless of the land's zoning district designation at the time a structure is proposed. (c) This section was adopted by a vote of the people and shall not be amended or repealed before December 31, 2039 except by a vote of the people. Section 3. Conforming Amendments to Saratoga City Code In order to promote implementation of the amendments made by Section 2 of this measure, section 15- 06.655 (Definition of "Story ") of the Saratoga Municipal Code Js hereby amended as shown below. Text in strikethrough (example) is deleted and 2 text in bold underline (example) is added. All figures are added. Text in standard font is reaffirmed and readopted by this measure. "Story" means (a) In any Commercial or Professional and Administrative Office District, 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. (b) In all other zoning districts 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. (c) For the purpose of subsection (a) above. "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. As used herein, the term "grade" shall mean either the natural grade or finished grade adiacent 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. It is not the intent of this section to preclude underground parking. Thus. the Planning Commission may make an exception to the requirement regarding 42" above grade at any point along the perimeter for the purpose of allowing a driveway and or ramp for vehicular access to below grade parking. Ad) Subsections (a). (c), and this subsection (d) were adopted by a vote of the people and shall not be amended or repealed before December 31, 2039 except by a vote of the people. Section 4. Implementation. A. It is the intent of the voters that the provisions of this measure shall be broadly construed in a manner that facilitates the purposes set forth herein and that this measure be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If the number of stories of a specific project remains ambiguous after considering the terms of this measure and other relevant City policies and ordinances, then that ambiguity shall be resolved in favor of the most restrictive limit for stories. Within a reasonable period following the effective date of this measure the City Council shall amend the Saratoga Village Plan and Village Design Guidelines to include the two -story limit applicable in the Village pursuant to section 2.13 of this measure. B. Except as otherwise required by State or Federal law, upon the date of insertion of the provisions of Section 2 of this measure into the City of Saratoga Municipal Code, all General Plan amendments, rezonings, specific plans, tentative subdivision maps, parcel maps, conditional use permits, building permits or other ministerial or discretionary entitlements for use not yet approved or issued shall not be approved or issued unless consistent with the provisions of this measure. C. Nothing in this measure shall be construed to limit the discretion of the City Council to allow structures existing or approved as of the effective date of this measure that do not conform to the requirements imposed by this measure to remain as legal conforming structures and to be remodeled, 4 rebuilt partially or in their entirety, or otherwise improved except to the extent that such actions would increase the extent of the non - conformity with this measure beyond that of the existing or approved structure on the effective date of this measure. D. This measure shall not apply to prohibit any development project or ongoing activity that has obtained, as of the effective date of this initiative, a vested right pursuant to State or local law or be interpreted to apply to any land or prohibit any use that, under State or Federal law, is beyond the power of the local voters to affect by the initiative power reserved to the people via the California Constitution. E. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or portion of this measure is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this measure. The voters hereby declare that this measure, and each section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or portion thereof would have been adopted or passed even if one or more sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, parts, or portions are declared invalid or unconstitutional. If any provision of this measure is held invalid as applied to any person or circumstance, such invalidity shall not affect any application of this measure that can be given effect without the invalid application. F. This measure shall remain in effect through 2039 and shall not be amended or repealed before that date except by a vote of the people provided, however, that this restriction shall not apply to Municipal Code section 15- 06.655(b). P: \SARATOGA \Ordinances \Initiatives \2010 Second Story Requirement Measure \Alternative Measures \Two Story Ballot Measure (Draft 07- 21- 10).doc 5