HomeMy WebLinkAbout101-CC_PC Joint Hearing Ballot Measure Staff Report.pdfPage 1 of 4
SARATOGA CITY COUNCIL AND
PLANNING COMMISSION JOINT MEETING
MEETING DATE: July 21, 2010 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: John F. Livingstone, AICP 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:
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.
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
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• 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.
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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.
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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:
1. Proposed Ballot Initiative