HomeMy WebLinkAbout101-Staff Report.pdf 1
SARATOGA CITY COUNCIL
MEETING DATE: April 7, 2010 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Christopher Alan Riordan, AICP DIRECTOR: John F. Livingstone, AICP
SUBJECT: Adoption of the General Plan 2007-2014 Housing Element, Conforming
Amendments to the Land Use Element, a Housing Element Implementation
Ordinance, and Minor Amendments to the Text of the Open Space and
Conservation Element and Safety Element, and a Negative Declaration
RECOMMENDED ACTION:
Staff and the Planning Commission recommend that the City Council open the public hearing,
accept public testimony, close the public hearing, and:
• Approve the Resolution to adopt the Initial Study/Negative Declaration.
• Approve the Resolution to adopt the 2007-2014 General Plan Housing Element which
includes the following attachments:
- Land Use Element/Open Space and Conservation Element Conforming Amendments
- Amendments to the Saratoga Village Design Guidelines
- Safety Element and Open Space Conservation Element AB 162 Amendments
• Introduce the attached Housing Element Implementation Ordinance; waive the First Reading,
and direct staff to schedule this item for a Second Reading for adoption on the consent
calendar of the April 21, 2010 City Council meeting.
REPORT SUMMARY:
The State of California Housing Element Law, enacted in 1969, mandates that local governments
adequately plan to meet the existing and proposed “housing needs of all economic segments of
the community” (Government Code § 65580). The law acknowledges that, in order for the
private market to adequately address housing needs and demand, local governments must adopt
land use plans and regulatory systems which provide opportunities for, and do not unduly
constrain, housing development. Unlike the other six mandatory general plan elements, the
Housing Element is required to be updated every five years and is subject to statutory
requirements and mandatory review by the State Department of Housing and Community
Development (HCD). The attached Housing Element and related materials have been prepared
to comply with state law.
Public Hearings and Study Sessions
The City Council and the Planning Commission discussed the Housing Element update during
both Study Sessions and Public Hearings. The dates of these meetings and topics of discussion
were as follows:
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October 16, 2007 – Joint Study Session between the City Council and the Planning Commission
to initiate the update to the General Plan Housing Element with direction to Staff to prepare a
Request for Proposals for consultants to prepare and update to the Housing Element.
April 2, 2008 – City Council meeting to authorize the City Manager to execute an agreement
with RBF Consulting to prepare the update to the General Plan Housing Element.
February 24, 2009 – Planning Commission Study Session to review the initial draft of the
General Plan Housing Element with specific direction on the draft Housing Element’s proposed
goals, programs, and policies.
March 10, 2009 – Joint Study Session between the City Council and the Planning Commission to
review the Draft Housing Element with a request for additional comments on the Housing
Element’s proposed goals, programs, and policies as discussed during the February 24, 2009
Planning Commission meeting.
March 31, 2009 - Joint Study Session between the City Council and the Planning Commission to
review the Draft Housing Element with a request for additional comments on the Housing
Element’s proposed goals, programs, and policies.
August 25, 2009 – Joint Study Session between the City Council and the Planning Commission
to review the modifications to the Administrative Draft Housing Element as requested by HCD
after their initial review of the document.
December 16, 2009 - Joint Study Session between the City Council and the Planning
Commission to review additional modifications to the Administrative Draft Housing Element as
requested by HCD.
The City submitted the draft Housing Element to HCD for review on April 30, 2009. The City
received comments back from HCD on June 29, 2009 that included a list of technical changes.
Staff incorporated these comments and resubmitted the draft Housing Element on August 13,
2009. On December 14, 2009 the City received an additional letter from HCD with a request for
additional changes. The City Council and Planning Commission held a joint meeting to
December 16, 2009 to review and approve the changes as requested by HCD. On January 11,
2010, the City received a “compliance letter” from HCD (attached) stating that the draft Housing
Element as modified from the original April 30, 2009 submittal would comply with State
housing element law when adopted by the City.
March 10, 2010
The Planning Commission reviewed and recommended approval to the City Council of a
Negative Declaration and an Update to the General Plan 2007-2014 Housing Element, including a
General Plan Housing Element Implementation Ordinance, Conforming Amendments to the Land
Use, Safety, Open Space and Conservation Elements, the Saratoga Village Plan, and the Saratoga
Village Design Guidelines.
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DISSCUSSION:
The Housing Element update includes several items in addition to adoption of the State-certified
2007-2014 General Plan Housing Element. These include a Housing Element implementation
ordinance, conforming amendments to the Land Use Element of the General Plan, the Saratoga
Village Guidelines, and the Saratoga Village Plan to ensure consistency with the Housing
Element, and amendments to the Open Space and Conservation Element and the Safety Element.
These are discussed below.
Housing Element Implementation Ordinance
The attached draft Zoning Ordinance Amendment implements the policies contained in the draft
2007-2014 General Plan Housing Element. These reflect direction from the Planning
Commission following its initial review during a Study Session on May 12, 2009 and a review by
the City Attorney’s office. The draft Ordinance implements the rezoning program and other
aspects of the Housing Policy Program set forth in the Housing Element. The table that follows
is a summary of the changes proposed in the Zoning Ordinance for Article 15-10 (Establishment
of Zoning Districts), Article 15-19 (Commercial Districts), Article 15-46 (Design Review: Multi-
Family Dwellings and Commercial Structures), Article 15-58 (Mixed-Use Development
Standards), and Article 15-80 (Miscellaneous Regulations and Exceptions).
Topic Current Approach and Housing Element
Policy Action or Other Issue
Proposed Changes
Establishment of a new
Zoning District
Section 15-10.010 does not describe the new
C-N(RHD) Zoning District. Housing
Element Policy Action (“HEPA”) 4-1.3 calls
for creation of a new mixed use zoning
district permitting rental and owner
occupied multifamily residential
development as a matter of right with a
minimum density of 20 du/net acre.
The proposed amendment includes a definition of
the new C-N(RHD) Zoning District as
“Neighborhood Commercial Residential High
Density. The amendment includes a zoning map
amendment to show the area bounded by
Lawrence Expressway and Prospect Avenue as
CN(RHD).
(See Attachment 3, Page 1)
“Drive through services
overlay area”
Currently Section 15-10-010(n) describes the
Drive Through Service Overlay area bounded
by Lawrence Expressway and Prospect
Avenue
The rezoning between Lawrence Expressway and
Prospect Avenue from C-N to C-N(RHD) will
include drive through services as a conditional
use. The overlay zone will be eliminated.
(See Attachment 3, Page 2)
C-N(RHD) district
regulations.
The City does not have a list of permitted or
conditional uses or established regulations
for the new C-N(RHD) district.
The proposed amendment includes a new Section
15-19.035 setting development standards for the
C-N(RHD) district. These are designed to satisfy
the requirements of HEPA 4-1.3 with respect to
residential development, HEPA 4-4.3 with respect
to emergency shelters and related housing
programs, and maintain the C-N standards for
commercial development.
(See Attachment 3, Page 2)
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Topic Current Approach and Housing Element
Policy Action or Other Issue
Proposed Changes
Gasoline Service Station
Allow oil changes and
lubrication as a
Conditional Use Permit
Article 15-19 (Commercial Districts) does
not include “Gasoline service station” in the
list of permitted or conditional uses in the
Commercial District between Lawrence
Expressway and Saratoga Avenue. Since
this type of use is not mentioned it is
assumed too not be an allowed use.
The proposed new zoning district between
Lawrence Expressway and Prospect Avenue from
C-N to C-N(RHD) will include “Gasoline service
station” as a conditional use which allows oil
changes for motor vehicles and servicing
incidental thereto.
(See Attachment 3, Page 2)
Limitations on the
number of stories for
structures in the CH-1
and CH-2 zoning district.
Section 15-19.050(i) (Height of Structures)
limits structures in the CH-1 district facing
Big Basin Way to two stories and those
facing Saratoga Creek to three stories.
Structures in the CH-2 district are limited to
two stories.
The proposed amendment to Section 15-19.050(i)
states that the maximum structure height in the
CH-1 district is 35 feet and the maximum
structure height in the CH-2 district is 26 feet. All
references to “stories” have been removed.
(See Attachment 3, Page 4)
Design Review
requirement
Section 15-46.020 specifies the projects for
which Design Review Approval is required
in a P-A Office or Commercial Zoning
District. Most mixed-use projects would
require design review under this Section, but
because the ratio of residential floor area to
commercial floor area is to be determined by
the Planning Commission in the Design
Review process, Section 15-46.020 should be
amended to expressly require such process
for all mixed-use projects.
Add new Subsection 15-46.020(a)(7) to the list of
projects requiring Design Review Approval to
read as follows: (7) Any mixed-use project
proposal.
(See Attachment 3, Page 5)
50% limitation on the
residential floor area in
mixed-use projects.
Section 15-58.020(c) limits the residential
floor area of mixed use projects to 50% of the
total floor area of all buildings on the site.
HEPA 4-1.1 and 4.3-2 call for revisions to
these standards to promote greater flexibility
in mixed use projects.
The proposed amendment will eliminate the
maximum percentage allowed for the residential
floor area of mixed use projects and would instead
assure the right to a residential floor area of at
least 50% and allow a greater ratio of residential
to commercial floor area to be determined by the
Planning Commission during the Design Review
process and specify required findings for such
greater ratio.
(See Attachment 3, Page 5)
Rental requirement and
square foot limits on
residential development
in a mixed-use project.
Section 15-58.020(k) requires the residential
units in a mixed use project to be rental and
not owner occupied and limits their
individual square footage from a minimum of
850 square feet to a maximum of 1,250
square feet. HEPA 4-1.1 calls for revisions to
these standards to promote greater flexibility
in mixed use projects Citywide.
The proposed amendment states that the
residential units in a mixed-use project can be
either rental and/owner occupied. The limitation
on residential square footage has been removed.
(See Attachment 3, Page 2)
Reasonable
accommodation
procedures.
The City Code does not include specific
provisions describing procedures to provide
relief from zoning requirements that have a
discriminatory effect on housing for
individuals with disabilities. State Law and
HEPA 4-4.4 require such provisions.
The amendments would add new section 15-
80.025 to address this requirement.
(See Attachment 3, Page 7)
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Land Use Element and Open Space and Conservation Element Conforming Amendments
The attached proposed amendments to the General Plan Land Use Element and the Open Space
and Conservation Element are intended to ensure consistency between those elements and the
2007-2014 General Plan Housing Element. The table that follows is a summary of the changes
proposed in the Land Use Element. These include amending the description of the Commercial
Retail (CR) Land Use Category to include the new zoning district near Prospect Road and
Lawrence Expressway and revising Table LU-1 (Land Use Categories) to include the same and
reinstating a policy from the former General Plan to allow housing to support family-run
agricultural uses.
Topic Current Approach Proposed Changes
Description of
Commercial/Office Land
Use Designations
The description of the Commercial/Office
land use designation in the Land Use
Element of the General Plan does not
contemplate mixed use development of the
sort described in the Housing Element for the
Prospect/Lawrence area.
The proposed amendment indicates that
acceptable Commercial Retail uses in the
Prospect/Lawrence area include mixed use
development as described in the Housing
Element.
(See Attachment 2A, Page 1)
Summary Description of
Uses in Commercial
Retail areas.
Currently Table LU-1 does not contemplate
mixed use development of the sort described
in the Housing Element for the
Prospect/Lawrence area.
The proposed amendment revises Table LU-1 to
include the mixed uses described in the Housing
Element.
(See Attachment 2A, Page 2)
Promoting housing to
support agricultural uses.
During the 2007 update to the Open Space
and Conservation Element a policy to
encourage agriculture by allowing housing
necessary to support agricultural uses were
inadvertently omitted from the General Plan.
The proposed amendment would reinstate a policy
of encouraging agricultural uses and open space
dedications by allowing residential density
bonuses where needed to permit continuance of
inter-generational agricultural uses.
(See Attachment 2A, Page 2)
Amendments to the Saratoga Village Design Guidelines and Saratoga Village Plan
The Saratoga Village Design Guidelines (Guidelines) were adopted by the Saratoga City Council
on January 2, 1991. The second paragraph of the section titled “Height, Width, and Setback”
(page 21) includes statements that the maximum building height in the CH-1 Zoning District is
35 feet, structures facing Big Basin Way are limited to two stories, and that three story structures
are permitted if they face Saratoga Creek. The proposed changes to the Guidelines include
removing the two story limitation along Big Basin Way and the provision that allows the rear of
structures that face Saratoga Creek to be three stories. The revised text states that building height
in the CH-1 Zoning District will remain limited to 35 feet, maximum building height in the CH-2
Zoning District is limited to 26 feet, and references to stories has been eliminated. Similar
amendments are proposed for the Saratoga Village Plan.
Safety Element and Open Space and Conservation Element AB 162 Amendments
Assembly Bill 162, adopted in 2007, requires California cities to update information in their
General Plans regarding flood risks. This update must be completed concurrently with the
Housing Element adoption. Attachment 4 is a table analyzing the General Plan’s conformity
with AB 162 and identifying necessary amendments. The proposed amendments to the text and
maps of the Safety Element and the Open Space and Conservation Element provide additional
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factual information and make no changes to the existing flood protection policies in those
General Plan elements.
FISCAL IMPACTS:
Aside from staff time to finalize the adoption of the Housing Element, no additional fiscal impact
is anticipated from this project. The approved contract amount with RBF Consulting to prepare
the Housing Element was $71,350.00. As of June 2009, RBF Consulting has billed the City the
entire amount of the contract. No additional funds have been authorized. As a General Plan
document, the Housing Element does not specifically commit the City to programs that have a
financial impact in regard to the current budget. The Housing Element commits the City to
timelines, including annual review of some programs and completion of some development of
plans by certain dates.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Not having an adopted Housing Element would leave the city’s General Plan out of compliance
with State law and make the City ineligible to receive a variety of housing-related funding
including state grant programs, state loan programs, and tax credit programs.
ALTERNATIVE ACTION:
• Continue the proposed resolutions and ordinance with recommended changes and forward to
the Planning Commission for their review, or
• Deny the proposed resolutions and ordinance and provide staff with direction.
FOLLOW UP ACTION:
Schedule the second reading of the Housing Element Implementation Ordinance for the April 21,
2010 City Council meeting.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
The public participation component of the Housing Element’s development is described on page
1-4 of the Element. This included two Public Workshops and three City Council/Planning
Commission Study Sessions. The Planning Commission reviewed all the attached documents at
their March 10, 2010 meeting and recommended approval to the City Council. 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 and published in the Saratoga News on March 23, 2010.
ATTACHMENTS:
1. Resolution to recommend adoption of an Initial Study/Negative Declaration with the following
attachment:
A. Initial Study/Negative Declaration
2. Resolution to recommend adoption of the 2007-2014 General Plan Housing Element and
related planning actions with the following attachments:
A. Land Use Element/Open Space and Conservation Element Conforming Amendments
B. Amendments to the Saratoga Village Design Guidelines
C. Amendments to the Saratoga Village Plan
D. Safety Element and Open Space and Conservation Element AB 162 Amendments
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E. 2007-2014 General Plan Housing Element
3. Housing Element Implementation Ordinance
4. AB 162 Compliance Review Table
5. State Department of Housing and Community Development Housing Element Compliance
Letter, dated January 11, 2010