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HomeMy WebLinkAbout102-Ballot Measure (Att. 1).pdf 1 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; provided, however, this restriction shall not apply to a structure located within the Village which is found by the approving authority to be compatible with existing structures and the natural environment. This subsection (b) was adopted by a vote of 2 the people and shall not be amended or repealed before December 31, 2039 except by a vote of the people.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 Way 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 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 “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 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 “story”, “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 3 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 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. 4 (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, 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, 5 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).