HomeMy WebLinkAboutCity Council Resolution 10-048RESOLUTION 10 - 048
RESOLUTION OF THE CITY OF SARATOGA AMENDING
RESOLUTION NO. 10 -30 TO PLACE A MEASURE ON THE BALLOT
FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN THE
CITY OF SARATOGA ON NOVEMBER 2, 2010
WHEREAS, the Saratoga City Council on June 2, 2010 adopted Resolution No. 10 -30
ordering and calling a general municipal election to be held in the City of Saratoga on November
2, 2010; and
WHEREAS, the Saratoga City Council wishes to amend said resolution to direct that a
measure be placed before the voters concerning a two -story limit for building on lands in
Commercial and Professional Office /Administrative zoning districts;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Saratoga:
Resolution No. 10 -30 is hereby amended to insert the following text immediately
following paragraph 5:
6. At said election the following question shall be submitted to the voters:
Shall the City of Saratoga adopt an ordinance
setting a two -story limit for buildings on land in
Commercial and Professional and Administrative
Office zoning districts in the City and requiring
voter approval of any future change to the two -
story limit on those lands?
YES
NO
7. The text of the measure referenced in item 6, above, is attached hereto as
Attachment 1 and the City Clerk is directed to transmit a copy of said measure to
the City Attorney for preparation of an impartial analysis of the measure showing
its effect on existing law and the operation of the measure.
8. In accordance with Elections Code section 9280, the entire text of the measure
shall not be placed in the voter information sample ballot and shall instead be
available without charge at City Hall, on the City website, and by mail upon
request.
9. In accordance with Elections Code section 9285(b), the City of Saratoga has
previously adopted the provisions of Elections Code section 9285(a) authorizing
and governing the filing of rebuttal arguments. Written arguments for and against
each of the measures referenced above and rebuttals to those arguments shall be
filed in accordance with the schedule adopted by the Santa Clara County Registrar
of Voters.
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PASSED AND ADOPTED at a regular meeting of the City of Saratoga this 21 day of July,
2010 by the following vote:
COUNCIL MEMBERS:
AYES: Manny Cappello, Chuck Page, Howard Miller, Vice Mayor Jill
Hunter, Mayor Kathleen King
NOES: None
ABSTAINED: None
ABSENT: None
ATTEST:
ANN SULLIVAN
CLERK OF THE CITY OF SARATOGA
SARATOGA, CALIFORNIA
DATE
7- c)/-cO /o
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SIGNED:
�t
KATHLEEN M. KING
MAYOR OF THE CITY OF SARATOGA
SARATOGA, CALIFORNIA
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, however, this
restriction shall not apply to a structure located within thc Village which is
found by the approving authority to be compatible with existing structures
and thc natural environment. This subsection (b) was adopted by a vote of
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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):
f 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.
additional below grade stories may be permitted if 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.
fbl The two story limitation set forth in section 15- 19.020(i) 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
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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 la.) 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.
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(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.B 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,
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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).
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Measure (Draft 07 -21 -10 - CC Changes).doc
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