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Home My WebLink About1 Mixed Use District Requirements SARATOGA CITY COUNCIL RETREAT MEETING DATE: January 30, 2009 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Christopher Riordan, AICP DIRECTOR: John F. Livingstone, AICP SUBJECT: Review of the Mixed Use District Requirements RECOMMENDED ACTION: Review report and direct staff accordingly. REPORT SUMMARY: At the Joint City Council/Planning Commission meeting on January 12, 2009, the topics of allowing the residential component of mixed-use projects to be “owner occupied”, allowing residential and offices to be permitted uses in the CH-2 zoning district, as well as the existence of non-conforming owner occupied units in the CH-2 zoning district were discussed. An outcome of the discussion between the City Council and Planning Commission was general support for Municipal Code modifications to eliminate the requirement restricting the residential component of mixed-use projects to rentals. DISCUSSION: Background The Housing Element of the General Plan was updated in 2002. For the Housing Element to be certified by the State of California, the City of Saratoga had to demonstrate how the City’s share of the Bay Area regional housing needs were met. To do this the City approved two new policies. The first policy eased restrictions on secondary dwelling units and added incentives for homeowners to construct them 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 enact the Housing Element policies. This update included the adoption of Article 15-58 (Mixed-Use Development Standards). A copy of this article is included as Attachment #1. This new ordinance provided for additional housing opportunities specified in the Housing Element and acted to preserve the future commercial development in the City by not allowing dwelling units to exceed more than fifty percent of the total building area of a mixed-use project. Additional requirements included in the Mixed-Use Development Standards are 1) the residential portion of a mixed-use project is limited to rental units prohibiting owner occupied units such as condominiums for sale to individual owners and 2) the floor area of each individual unit is limited to no greater than 1,250 square feet. Page 1 of 4 Page 2 of 4 Increased flexibility Real estate professionals and developers often state the following issues to staff which act to discourage the construction of mixed-use projects in the City: 1. By prohibiting owner occupied units it makes it difficult for developers to obtain loans to finance the construction of mixed-use projects. 2. The mixed-use development standards limit the height of mixed-use projects to twenty-six feet. This maximum height limits the mixed-use project to one level of retail/office with one level of residential units above. 3. The residential portion of mixed-use projects is limited to fifty percent of the total floor area of all buildings on a site. Increasing the allowed percentage of the residential portion of mixed-use projects would provide increased flexibility for developers. Discussion topics of possible changes to the Mixed-Use Development Standards Based on comments from the January 12, 2009 Joint City Council and Planning Commission meeting, the following changes could be made to the mixed-use development standards to encourage the development of mixed-use projects in the City. • Increase the allowable residential portion of mixed-use projects beyond the existing fifty percent. • Increase the allowable height of a mixed use structure beyond the existing 26 feet maximum. • Eliminate the requirement that the residential portion of a mixed-use project be limited to rental units. • The future classification on existing non-conforming owner occupied units in the CH-2 zone district. FISCAL IMPACTS: None. FOLLOW UP ACTION: As directed. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting was properly posted. ATTACHMENTS: 1. Mixed Use Development Standards Page 3 of 4 Attachment #1 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. (l) 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 Page 4 of 4 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)