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HomeMy WebLinkAbout01-12-2009 Council Study Session Agenda6:30P.M. ARTS CRAFTS ROOM COMMUNITY CENTER, 19655 ALLENDALE AVENUE CALL MEETING TO ORDER 6:30P.M. 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 January 8, 2009. COMMUNICATIONS FROM PUBLIC Oral Communications on Non Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. 1. Review of the CH -2 District Requirements. AGENDA CITY OF SARATOGA CITY COUNCIL NORTH CAMPUS VISIONING STUDY SESSION JANUARY 12, 2009 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.saratoga.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 or ctclerk@saratoga.ca.us. 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 Posing of Agenda: I, Ann Sullivan, City Clerk for the City of Saratoga, declare that the foregoing agenda for the Study Session meeting of the City Council of the City of Saratoga was posted on January 8, 2009 at the office 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 8 day of Jannaty 2009 at Saratoga, California. 4 ffn- Sr+lliit City Clerk 10010 •`4 41•0 l'Orr4 vit; 4 4 t(Ars Village Neal's Hollow y W l i l I A \YF' c. ••r."\ n /�s 4. I 517 -09 -015 41,946 sq. ft. 1954 10,480 ft. 1 9 to 12 5 397 -27 -028 14,319 sq. ft. 1966 4.274 sq. ft. 1 3 to 4 AP's AREA Based on 20 dwellings per net acre Villageplus Neal's Hollow YR. BLT. BLDG SIZE of UNITS* 1 5 503 -25 -029 1 53,270 sq. ft. 1 1920 I I 8 816 sq. it. U U to 1) 1 5 503 -25 -016 31,809 sq: ft. 1 1900 8 864 sq. ft. 1 1 7 7 to 9 2 1 I_ 3 3 I I 5 503 -25 -015 3 32,170 1 1941 1 1 2 2,136 sq. ft. 1 1 .7 to 9 AP's AREA Based on 20 dwellings per net acre Villageplus Neal's Hollow YR. BLT. BLDG SIZE of UNITS* MEETING DATE: January 12, 2009 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: John F. Livingstone, AICP DIRECTOR: John F. Livingstone, AICP SUBJECT: Review of the CH -2 District Requirements RECOMMENDED ACTION: Review report and direct Staff accordingly. REPORT SUMMARY: The CH -2 District Review Committee met on September 8, 2008. Notices were sent to all property owners and merchants in the Village. The property owners whom attended the meeting expressed interest in allowing residential and office development as a permitted use in the district and allowing owner occupied' units. There was also interest in allowing more flexibility than the current code allows and the possibility of creating some type of zoning or overlay similar to a Planned Development zoning to provide flexibility. The Committee asked staff to bring a report based on this meeting to both the Planning Commission and City Council. REPORT HISTORY: SARATOGA CITY COUNCIL AND PLANNNG COMMISSION STUDY SESSION At the May 13, 2008 joint City Council meeting with the Planning Commission residents expressed concerns about the how the zoning in the Village is split between CH -1 and CH -2. During this discussion the City Council and Planning Commission expressed interest in forming a committee to investigate the issues related to the two zoning districts. The Council requested that staff agendize the formation of a CH -2 District Review Committee for formal discussion at a City Council meeting. On June 18, 2008 this item was reviewed by the City Council and a CH -2 District Review Committee was formed. Council Member King and Planning Commissioner Hlava volunteered to be on the committee and conducted a meeting on September 8 2008 to get input from the community on the CH -2 District regulations. Page 1 of 3 DISCUSSION: CH -1 compared to CH -2 Currently the first two thirds of the Village from Blaney Plaza to approximately 5th Street is zoned CH -1 with the remainder zoned CH -2. Some of the difference between the two districts is that the CH -2 District only allows a building height up to 26 feet, requires a 15 foot front setback, and only allows sixty percent of a site to be covered by structures. The CH -1 District allows a 35 foot building height, requires no front setback, and allows eighty percent coverage. This difference may be limiting new development in the CH -2 District and not consistent with the streetscape in the CH -1 District. Owner Occupied Housing In 2002 the General Plan Housing Element was updated. To get the Housing Element certified by the State, the City of Saratoga had to show how it would meet the City's share of the Bay Area regional housing needs. To do this the City approved two new policies. The first policy was to make it easier to create second units, and the second policy created additional housing opportunities through mixed -use development standards. In 2004 the City of Saratoga's Zoning Ordinance was updated to reflect the Housing Element policies creating a new mixed use ordinance, Article 15 -58 (see attachment #3). The new ordinance provided for additional housing opportunities which allowed the Housing Element to be certified by the State. It also acted to preserve the future commercial development in the City by not allowing the dwelling units to be comprised of more than fifty percent of the total building area of all buildings on the site. One of the other requirements of the article is that the residential component of a mixed -use project be rental and be limited to no greater than 1,250 square feet in size. This requirement prohibits owner occupied units such as condominiums for sale to individual owners. Applicants have stated that without the economic advantage of selling the owner occupied units it makes it difficult to finance the commercial portions of a project. Non Conforming Uses The Mixed Use Ordinance also caused existing developments that do not comply with the standards, such as an all residential development, to become nonconfoiming. This has a negative impact to an owner when attempting to sell and or purchase insurance when the nonconforming status comes up in the research. More flexibility A local architect, who was at the meeting representing a property owner, suggested that the current code be changed to allow more flexibility and that the 50% rule was too rigid. It was suggested that in some cases a 20 foot deep retail space at the front of a property would be more reasonable and in keeping with the retail frontage and pedestrian feel of the village while allowing the majority of the project to be residential. Page 2 of 3 FISCAL IMPACTS: None. FOLLOW UP ACTION: As directed. ADVERTISING, NOTICING AND PUBLIC CONTACT: This meeting was noticed in the Saratoga News and individual notices were sent to both business and property owners in the Village along Big Basin Way. ATTACHMENTS: 1. CH District requirements 2. Map of the Districts 3. Mixed Use Development Standards Page 3 of 3 15- 19.050 C -H district regulations. (a) Permitted uses. In addition to the permitted uses listed in Section 15- 19.020(a) of this Article, the following permitted uses shall also be allowed in the CH -1 and CH -2 districts: (1) professional, administrative and medical offices and financial institutions, when located either above the street level or at the street level if separated from the street frontage by a retail establishment; and (2) personal service businesses that are above street level, and personal service businesses that are at street level but do not have primary access from Big Basin Way or across the front lot line. (b) Conditional uses. In addition to the conditional uses listed in Section 15- 19.020(b) of this Article, the following conditional uses may also be allowed in the CH -1 and CH -2 districts, upon the granting of a use pen pursuant to Article 15 -55 of this Chapter: (1) Professional, administrative and medical offices and financial institutions, when located at street level and having street frontage. (2) Theaters. (3) Religious and charitable institutions. (4) Mixed -use development conforming to the design standards found in Article 15 -58. (5) Personal service businesses at the street level that have primary access from Big Basin Way or across the front lot line. (c) Site area. The minimum net site area in each C -H district shall be as follows: District CH -2 District Net Site Area CH -1 CH -2 (d) Site frontage, width and depth. The minimum site frontage, width and depth in each C -H district shall be as follows: Frontage CH -1 50 ft. 50 ft. Width 50 ft. 50 ft. 5,000 sq. ft. 7,500 sq. ft. Depth 100 ft. 100 ft. (e) Coverage; pedestrian open space. (1) In the CH -1 district, the maximum net site area covered by structures shall be eighty percent, except that up to one hundred percent of the site may be covered by structures if, for any structure coverage in excess of eighty percent, an equivalent area on the site is devoted to pedestrian open space. (2) In the CH -2 district, the maximum net site area covered by structures shall be sixty percent. In addition, an area equivalent to not less than twenty percent of the net site area shall be devoted to pedestrian open space. All or any portion of the required front setback area may be used for pedestrian open space. (3) The term "pedestrian open space," as used in subsections (e)(1) and (2) of this Section, means common areas open to the public where pedestrians may walk or gather, such as plazas and arcades, which are designed to be visible and accessible to pedestrians on streets, sidewalks and parking facilities adjacent to the site. (f) Front setback area. No front setback area shall be required in the CH -1 district. The minimum front setback area of any lot in the CH -2 district shall be fifteen feet. (g) Side setback area. No side setback area shall be required in either the CH -1 or CH -2 district. (h) Rear setback area. No rear setback area shall be required in the CH -1 district. No rear setback area shall be required for any lot in the CH -2 district having a rear lot line that abuts a public right -of -way, public parking district, Saratoga Creek, or the CH -1 district. Where the rear lot line of any lot in the CH -2 district abuts an A, R -1, HR, or R- M district, the minimum rear setback area shall be thirty feet, plus one foot for each two feet of height or fraction thereof by which a portion of a structure within sixty feet of the rear lot line for such setback area exceeds fourteen feet in height. (i) Height of structures. The maximum height of any structure in each C -H district shall be as follows: District Height CH -1 15- 19.060 Continuation of nonconforming uses. 35 feet. No portion of a structure facing Big Basin Way shall exceed two stories, and no portion of a structure facing Saratoga Creek shall exceed three stories. CH -2 26 feet. No structure shall exceed two stories. (j) Enclosure of uses. All permitted and conditional uses shall be conducted entirely within a completely enclosed structure, except for off street parking and loading, gasoline service stations, garden shops and outdoor dining. (k) Exceptions to standards for historic structures. The Planning Commission shall have authority to grant exceptions to any of the development standards contained in this Section, without the granting of a variance, if the subject of the application is a structure which has been designated as a historic landmark pursuant to Article 13 -15 of this Code, and the Planning Commission finds and determines that: (1) The exception will facilitate preservation of the historic structure; and (2) The application and the proposed exception have been reviewed and approved by the City's Heritage Commission; and (3) The exception will not be detrimental to the use and enjoyment of other properties in the vicinity; and (4) The exception will not adversely affect the movement of vehicular and pedestrian traffic, or the availability of on- street parking, and will not create a hazard to the public safety. (Amended by Ord. 71 -108 1, 1992; Ord. 71.113 (part), 1992; Ord. 230 2 (part), 2004; Ord. 236 2F, 2005; Ord. 245 2 (Att. A) (part), 2006) Notwithstanding the provisions of Section 15- 55.130 of this Chapter, any clinic operating no earlier than 7:00 A.M. and no later than 9:00 P.M., any establishment engaged in the sale of alcoholic beverages and any restaurant, market or delicatessen which, as of September 6, 1989, was lawfully established and legally operating as a permitted use, shall be exempted from the requirement for elimination after lapse of time pursuant to Section 15- 65.110 of this Chapter and also exempted from the necessity to obtain a use penniit for continuation of such use, but in all other respects shall be regarded as a nonconforming use. Any mini storage facility lawfully operating pursuant to a use permit granted prior to September 6, 1989, may continue to operate pursuant to the terms and conditions of such use permit. Saratoga Commercial- Historic Map Legend CH -2 Commercial- Historic 2 CN Commercial- Neighborhood CV Commercial- Visitor HR Hillside Residential PA Professional Adminstrative CH -1 Commercial- Historic 1 R -1- 10,000 R -1- 12,500 R -1- 15,000 R -1- 40,000 R -M -3,000 R -M -4, 000 Adopted by City Council June 6, 2007 0 1 inch 500 feet 0 250 500 i I t 1 1,000 Feet I This is one of a series of diagrams which, when combined with the text of the Saratoga General Plan, constitute the and use development policy of the City of Saratoga. Allowable uses for specific parcels of land cannot be determined solely by reference to the diagram. Article 15 -58 MIXED -USE DEVELOPMENT STANDARDS 15- 58.010 Purposes of Article. 15- 58.020 Development standards. 15- 58.010 Purposes of Article. The purpose of the mixed -use development standards is the implementation of Program 1.1 of the Housing Element of the General Plan. The goal is to implement this Housing Program in a consistent manner throughout the various commercial and office zoned districts of the City. It is further the goal of these standards to protect existing and future commercial development. (Ord. 230 2 (part), 2004) 15- 58.020 Development standards. (a) The maximum density is twenty dwellings per net acre. (b) The dwelling unit(s) shall be located either on the second floor or at the rear of the parcel. (c) The dwelling unit(s) shall not comprise more than fifty percent of the total floor area of all buildings on the site. The maximum floor area allowed may be increased by ten percent for projects providing below market rate rental housing. (d) Parking for both the non residential and the dwelling unit(s) shall be as specified in the Zoning Ordinance, provided that the Planning Commission may consider shared parking in some cases. (e) Perimeter fencing shall be required to the maximum height allowed in the Zoning Ordinance. (f) Each dwelling shall have private, usable outdoor space, i.e., decks, balconies, yards or patios. (g) The maximum height of a mixed -use structure shall be twenty -six feet. Structures that are solely non residential on a site that has mixed -use, the maximum height is as it is stated in the underlying zoning. (h) The design of mixed -use projects will be required to conform to the policies and techniques of the Residential Design Handbook and any other design standards in place for the area of application. (i) Overall site coverage may be increased up to ten percent for projects containing deed restricted below market rate housing units. (j) Mixed -use projects shall have sound walls and landscape screening in order to protect the privacy and quality of life of abutting single family residential lands uses. (k) The residential component of a mixed -use project shall be rental. The individual dwelling units shall range in size from eight hundred fifty square feet for one bedroom units to one thousand two hundred fifty square feet for three bedroom units, sequent mixed -use development. (1) Projects with multiple stories shall be reviewed to ensure that design features such as setbacks and window placement provide adequate privacy protection. (m) Non residential structures or parcels created or developed as part of a previous mixed -use development or multi family development may not be redeveloped as a mixed -use development at a greater density or intensity of use. (n) Smaller mixed -use projects (twenty or fewer dwelling units) must pay an in lieu fee for park construction. (o) In larger mixed -use projects (more than twenty dwelling units) either the developer must pay an in lieu fee for park construction or construct common, useable open space on site at the discretion of the Planning Commission based on the vicinity of existing public parks. (Ord. 230 2 (part), 2004)