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HomeMy WebLinkAbout0721 6PM Ag PktAyi; AGENDA SPECIAL MEETING SARATOGA CITY COUNCIL PLANNING COMMISSION WEDNESDAY, JULY 21, 2010 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 July 16, 2010) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non- Aundized 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. PUBLIC HEARINGS 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. Recommended action: It is recommended that the City Council and Planning Commission conduct a public hearing, close the public hearing, and consider the proposed legislation described above. It is further recommended that after considering public testimony and this staff report: 1. The Planning Commission recommend that the City Council place the proposed ballot measure to limit to two stories structures in all Commercial and Professional and Administrative Office Zoning Districts; and 2. The City Council direct the Planning Commission to review and develop specific recommendations regarding (a) a General Plan Amendment to limit density increases to the existing C- N(RHD) zoning district; and (b) Zoning Ordinance Amendments concerning mixed use projects, nonconforming uses, and related matters. 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 City Clerk 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.sarato ag ca.us. Any 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 July 16, 2010, of 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 16th day of July at Saratoga, California. Ann Sullivan, CMC City Clerk r 1868 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: 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. RECOMMENDED ACTION: It is recommended that the City Council and Planning Commission conduct a public hearing, close the public hearing, and consider the proposed legislation described above. It is further recommended that after considering public testimony and this staff report: I. The Planning Commission recommend that the City Council place the proposed ballot measure to limit to two stories structures in all Commercial and Professional and Administrative Office Zoning Districts; and 2. The City Council direct the Planning Commission to review and develop specific recommendations regarding (a) a General Plan Amendment to limit density increases to the existing C- N(RHD) zoning district; and (b) Zoning Ordinance Amendments concerning mixed use projects, nonconforming uses, and related matters. BACKGROUND: On May 27th the City received a notice of intent to circulate an initiative petition for an ordinance concerning a second story limitation in Saratoga. On June 2nd the City Council asked for a staff report describing the Council's options for obtaining more information regarding the measure. On June 16th the City Council directed staff to have a study session between the City Council and proponents of the initiative. On June 24th a study session was conducted between the City Council and the proponents of the initiative. At this meeting the Council directed that: • A City Council ad hoc (Council members Chuck Page and Howard Miller) work with staff and the initiative proponents to develop a ballot measure limiting development in the Commercial and Professional Administrative Zoning districts to two stories; and Page 1 of 4 • Staff undertake preparation of (1) a General Plan amendment limiting high density development to the existing boundaries of the recently established CN (RHD) zoning district and (2) amendments to the mixed use development standards described below. REPORT SUMMARY: Proposed Ballot Measure Based on direction from the City Council from the June 24th study session and subsequent meetings of the Ad Hoc Committee, staff has prepared a ballot initiative that can be placed on the November ballot. A copy of the proposed measure is included as Attachment #1. The measure would: • Set a two -story limit for all structures in the Professional and Administrative Office (PA) zoning district and all Commercial zoning districts; • Create an exception from the two -story limit third stories on the west side of Big Basin Way that are entirely below the grade of Big Basin Way and facing Saratoga Creek and the land within the existing CN(RHD) zoning district; • Provide that the limit will apply to all lands currently in the PA and C districts even if those lands are re -zoned in the future; • Adopt a definition of "Story" to apply in administering the two -story limit in the PA and C districts; • Allow the City Council to amend the non - conforming use ordinance as needed to ensure that existing or currently approved structures that do not conform to the new requirements may remain as legal conforming structures; and • Require voter approval for amendments to any of these provisions through December 31, 2039. The measure would not affect uses in residential zoning districts or any districts other than Commercial and PA. Proposed City Council Actions Based on direction from the City Council at the June 24th study session staff is undertaking preparation of a proposed General Plan amendment and proposed amendments to the zoning ordinance as described below. General Plan Amendment As part of the Housing Element update, the City amended the General Plan to authorize creation of the CN(RHD) zoning district near the intersection of Prospect Road and the Lawrence Expressway. The amendment could be read to authorize expansion of the CN(RHD) district to other locations which was not the intent. The proposed General Plan Amendment will clarify the General Plan to provide that the higher densities are allowed only at the existing CN(RHD) site. Staff will develop a proposed amendment for discussion by the Planning Commission and the Commission will forward a recommendation to the City Council. Page 2 of 4 Zoning Ordinance The proposed amendments to the mixed use ordinance would: 1. Reinstate the 26 foot maximum height limit for all mixed use projects. During the Housing Element implementation update this limit was replaced with a requirement that heights be based on the requirements of the underlining zoning district; 2. Specify that mixed use projects may include more than 50% commercial space (if authorized by the Planning Commission) only if the project includes fewer than five residential units; and 3. 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. These amendments would not apply in the CN(RHD) district. Staff will also prepare (1) an amendment to the non - conforming use ordinance to ensure that existing or currently approved structures that do not conform to new requirements imposed by the ballot measure may remain as legal conforming structures and (2) other zoning code amendments required to ensure that the zoning code is consistent with the ballot measure and other amendments described above. Staff will develop proposed amendments for discussion by the Planning Commission and the Commission will forward a recommendation to the City Council. FISCAL IMPACTS: The estimated cost of the ballot measure is roughly $50,000. These are administrative costs for the election only and do not include city staff or attorney costs. Funding for the ballot initiative would be from the undesignated fund account. Fiscal impacts to update the general plan and mixed -use ordinance will include staff time and approximately $7,500 in attorney fees. A portion of the staff time and City Attorney time for the updates may be funded through the advance planning fund. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTIONS: N/A FOLLOW UP ACTION: As directed. Page 3 of 4 ADVERTISING, NOTICING AND PUBLIC CONTACT: This item was posted as a City Council agenda item and was included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting and residents may subscribe to the agenda on -line by opting in at www.saratoga.ca.us. Notice of this meeting was properly posted at City Hall and published in the Saratoga News on July 6, 2010. ATTACHMENTS: Proposed Ballot Initiative Page 4 of 4 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 limit for the CH -1 and CH -2 commercial zoning districts (the "Village ") in Saratoga was 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; pFeyi` e , h^•" eyeF th i- found by the approving authoF4 to be compatible with existing stmetur-es and the "a*i11F-A' ^,,meat. 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) a third story, entirely below the grade of the Big Basin Wax roadway, may be permitted for the rear of structures if the below -grade story faces Saratoga Creek on the West side of 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 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 "average slope" in subsections 15- 06.655(a)_(c), and (dl 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 "stony ". "basement ". and "average slope" in subsections 15- 06.655(a), (c), and (d) 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 PA 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 al In anv 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. 1 1'�Lk�di1�17L 1 1 1 12 1'1dio 03 (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, 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, rd 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). 5