HomeMy WebLinkAbout06-12-2024 Planning Commission Agenda PacketSaratoga Planning Commission Agenda – Page 1 of 2
SARATOGA PLANNING COMMISSION
REGULAR MEETING
JUNE 12, 2024
7:00 P.M. - PLANNING COMMISSION REGULAR MEETING
Civic Theater | 13777 Fruitvale Avenue, Saratoga, CA 95070
Public Participation Information
In accordance with Saratoga’s Remote Public Participation Policy, members of the public may
participate in this meeting in person at the location listed below or via remote attendance using the
Zoom information below.
1. Accessing the meeting via Zoom
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numbers listed above.
PLEDGE OF ALLEGIANCE
ROLL CALL
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Any member of the public will be allowed to address the Planning Commission for up to three (3)
minutes on matters not on this agenda. This law generally prohibits the Planning Commission
from discussing or taking action on such items. However, the Planning Commission may instruct
staff accordingly regarding Oral Communications.
REPORT ON APPEAL RIGHTS
Any interested person objecting to the whole, or any portion of decision on this Agenda, may file
an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the
decision. The City Council conducts de novo review of appeals.
1. PUBLIC HEARINGS
1.1 Application ZOA24-0002: City Wide; Proposed Amendments to Chapter 15 (Zoning) of the
Saratoga Municipal Code to Implement the Programs of the 2023-2031 Housing Element.
Recommended Action:
Adopt Resolution No. 24-021 recommending the City Council adopt an ordinance which includes
amendments to Chapter 15 (Zoning Regulations) of the Saratoga City Code.
2. DIRECTOR ITEMS
Saratoga Planning Commission Agenda – Page 2 of 2
3. COMMISSION ITEMS
4. ADJOURNMENT
CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA
PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
I, Frances Reed, Administrative Analyst for the City of Saratoga, declare that the foregoing agenda
for the meeting of the Planning Commission was posted and available for review on June 7, 2024
at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's website
at www.saratoga.ca.us.
Signed this 7th day of June 2024 at Saratoga, California.
Frances Reed, Administrative Analyst.
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials
provided to the Planning Commission by City staff in connection with this agenda, copies of
materials distributed to the Planning Commission concurrently with the posting of the agenda,
and materials distributed to the Planning Commission by staff after the posting of the agenda are
available on the City Website at www.saratoga.ca.us or available at 13777 Fruitvale Avenue,
Saratoga, CA 95070.
In Compliance with the Americans with Disabilities Act, if you need assistance to participate in
this meeting, please contact the City Clerk at bavrit@saratoga.ca.us or calling 408.868.1216 as
soon as possible before the meeting. The City will use its best efforts to provide reasonable
accommodations to provide as much accessibility as possible while also maintaining public safety
[28 CFR 35.102-35.104 ADA title II].
REPORT TO THE
PLANNING COMMISSION
Meeting Date: June 12, 2024
Application: Proposed Amendments to Chapter 15 (Zoning): ZOA24-0002
Address/APN: City Wide
Owner / Applicant: City of Saratoga
Report Prepared By: Bryan T. Swanson, Community Development Director
STAFF RECOMMENDATION
Adopt Resolution No. 24-021 recommending that the City Council adopt an ordinance amending Chapter 15
(Zoning Regulations) of the Saratoga City Code to implement the programs of the 2023-2031 Housing
Element.
PROJECT DESCRIPTION
On May 21, 2024, the California Department of Housing and Community Development (HCD) issued a letter
to the City of Saratoga that found the City’s adopted Housing Element met statutory requirements of State
Housing Law (Government Code section 65580 et seq). However, the letter requested revisions to City of
Saratoga Ordinance Number 399 (amending the City’s Zoning Code to implement various programs of the
Housing Element) to confirm that it provides for nondiscretionary review for housing developments with 20
percent affordability pursuant to Government Code section 65583.2, subdivisions (h) and (i).
Upon receiving the letter, staff in collaboration with the City Attorney drafted minor zoning amendments to
clarify and confirm that the Code provides for nondiscretionary review of housing developments with 20
percent affordable units. Although the amendments adopted by Ordinance Number 399 allow all multifamily
developments nondiscretionary review, including affordable housing developments, HCD requested that the
Code specifically provide that multifamily developments in which at least 20 percent of the dwelling units
are affordable to households of lower or very low incomes, as defined in Government Code section 65584,
are subject to nondiscretionary review.
Staff shared the attached draft amendments with HCD and on May 31, 2024, HCD issued a letter confirming
that the draft amendments would comply with the referenced statutory requirements. HCD will be able to
find that the Housing Element substantially complies with State Housing Element Law (Government Code
section 65580 et seq) once the draft amendments to Ordinance Number 399 are adopted, submitted to, and
approved by HCD, in accordance with Government Code section 65585.
ATTACHMENTS
1. Resolution No. 24-021 recommending the City Council approve the proposed amendments to Chapter 15
(Zoning Regulations, ZOA24-0002) of the City Code.
1790080.2
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RESOLUTION NO. 24-021
RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING
CHAPTER 15 (ZONING REGULATIONS) OF THE SARATOGA MUNICIPAL CODE TO
IMPLEMENT 2023-2031 HOUSING ELEMENT PROGRAMS
APPLICATION ZOA24-0002
WHEREAS, State Housing Element Law (Government Code Sections 65580 et seq.) requires
that the City of Saratoga (the City) adopt a housing element for the eight-year period 2023-2031 to
accommodate the regional housing need allocation (RHNA) of 1,712 housing units assigned to the City
by the Association of Bay Area Governments, including 454 units affordable to very-low income
households, 261 units affordable to low-income households, 278 units affordable to moderate-income
households, and 719 units affordable to above moderate-income households; and
WHEREAS, State Housing Element Law also requires that the City rezone properties as required
to make sites available with appropriate zoning and development standards to accommodate the portion of
the City regional housing need for each income level that cannot be accommodated on sites under existing
City zoning; and
WHEREAS, on March 20, 2024, the City Council adopted the 2023-2031 Housing Element
Update (Housing Element Update), which identifies those properties to be rezoned to accommodate the
City’s regional housing need, and on April 3, 2024 adopted Ordinance 399, which amended the City’s
Zoning Code to include development standards to accommodate the RHNA assigned to the City and to
rezone the properties identified for rezoning in the Housing Element Update, thereby implementing
programs of the Housing Element Update; and
WHEREAS, on May 21, 2024, the California Department of Housing and Community
Development (HCD) issued a letter to the City requesting revisions to Ordinance Number 399 to confirm
that the Zoning Code provides for nondiscretionary review for housing developments with 20 percent
affordability, pursuant to Government Code section 65583.2, subdivisions (h) and (i); and
WHEREAS, to address HCD’s comments, the Saratoga Community Development Department
has proposed amendments to the Saratoga Municipal Code that would amend Chapter 15 (Zoning
Regulations), as shown in Exhibit A to the June 12, 2024 Planning Commission Staff Report, to
specifically provide that multifamily developments in which at least 20 percent of the dwelling units are
affordable to households of lower or very low incomes are subject to nondiscretionary review; and
WHEREAS, on June 12, 2024, the City of Saratoga Planning Commission conducted a duly and
properly noticed public hearing to take public testimony and consider this Resolution, the staff report and
all attachments, and oral and written public comments; and
NOW, THEREFORE, the City of Saratoga Planning Commission determines and resolves as
follows, based on substantial evidence in the record:
Section 1: The recitals set forth above are true and correct and are incorporated by reference into
this action.
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Section 2: The City of Saratoga Planning Commission recommends that the City Council adopt
an Ordinance to amend Chapter 15 (Zoning Regulations) of the Saratoga Municipal Code to implement
2023-2031 Housing Element Programs.
PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 12th day of June
2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Jonathan “Jojo” Choi
Chair, Planning Commission
Attachment:
Exhibit A- Proposed Zoning Code Amendments
1790266.1
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Exhibit A
PLANNING COMMISSION RECOMMENDED AMENDMENTS TO CHAPTER 15 OF
THE CITY CODE TO IMPLEMENT THE PROGRAMS OF THE 2023-2031 HOUSING
ELEMENT
The Planning Commission recommends that the Saratoga City Code be amended as set forth
below. Text to be added is indicated in bold double-underlined font and text to be deleted is
indicated in strikeout font. Text in standard font is readopted by this ordinance.
Article 15-46 -Design Review: Multi-Family Dwellings and Commercial Structures
15-46.040 - Design review findings.
(a) Except as to buildings subject to Section 15-46-040(b), the Planning Commission shall not
grant design review approval unless it is able to make the following findings:
(1) (a)Where more than one building or structure will be constructed, the architectural
features and landscaping thereof shall be harmonious. Such features include height,
elevations, roofs, material, color and appurtenances.
(2) (b)Where more than one sign will be erected or displayed on the site, the signs shall
have a common or compatible design and locational positions and shall be harmonious in
appearance.
(3) (c)Landscaping shall integrate and accommodate existing trees and vegetation to
be preserved; it shall make use of water-conserving plants, materials and irrigation systems
to the maximum extent feasible; and, to the maximum extent feasible, it shall be clustered in
natural appearing groups, as opposed to being placed in rows or regularly spaced.
(4) (d)Colors of wall and roofing materials shall blend with the natural landscape and
be nonreflective.
(5) (e)Roofing materials shall be wood shingles, wood shakes, tile, or other materials
such as composition as approved by the Planning Commission. No mechanical equipment
shall be located upon a roof unless it is appropriately screened.
(6) (f)The proposed development shall be compatible in terms of height, bulk and
design with other structures in the immediate area.
(b) For any multi-family dwelling, including any building that meets the criteria of Section 15-
21.020(c), the Planning Commission shall grant design review approval if it finds that the building
meets the objective design standards of this Code including without limitation those identified in
Article 15-58.
Article 15-57 - Ministerial Consideration of Qualifying Projects
15-57.010 Purpose of article.
The purpose of this Article is to regulate Urban Lot Splits, and Two-Unit Residential
Developments, and Three-Unit Residential Conversions, and Affordable Multi-Family Dwellings
in compliance with California Government Code Sections 65583.2(h) and (i), 66452.6, 65852.21,
and 66411.7 and to implement the Housing Element of the City’s General Plan, to allow for
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ministerial approval of certain parcel maps creating two lots, and of projects including up to two
detached or attached housing units on one parcel or up to three units in an existing home, and of
multifamily housing projects with at least twenty percent of the units dedicated to serving lower
income households, along with ancillary uses and structures. Notwithstanding any other provisions
of this Chapter, Eeligible applications under this Article shall be considered ministerially by staff,
without design review or other discretionary review or a hearing.
15-57.020 Definitions.
Terms used in this Article have the meanings set forth below:
(9) “Affordable Multi-Family Dwelling” means a multi-family dwelling, as defined in 15-
06.240(c), including any building that meets the criteria of Section 15-21.020(c), in which at
least twenty percent of the dwelling units are affordable to households of lower or very low
incomes as defined in Government Code section 65584.
15-57.030 Applicability.
(a) A Two-Unit Residential Development, Three-Unit Residential Conversion, or Urban Lot Split
may be located on parcels within all Single-Family Residential Zoning Districts with the
following exceptions:
(a) (1) Any parcel where the Two-Unit Residential Development, Three-Unit Residential
Conversion, or Urban Lot Split would require demolition or alteration of any of the following
housing types:
(i1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels
affordable to persons and families of moderate, low, or very low income.
(2ii) Housing that is subject to any form of rent or price control through a public entity's valid
exercise of its police power.
(iii3) Housing that has been occupied by a tenant within the last three years.
(iv4) A parcel or parcels on which an owner of residential real property has exercised the owner's
rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to
withdraw accommodations from rent or lease within fifteen years before the date that the
development proponent submits an application.
(b2) A parcel located within a historic district or including a property included on the State's
Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a
site that is designated or listed as a city or county landmark or historic property or districts pursuant
to a city or county ordinance.
(c3) A parcel of one or more of the types specified in subparagraphs (B) to (K), inclusive, of
Government Code Section 65913.4(a)(6). Without limiting the foregoing, the most applicable of
those specifications to the City of Saratoga are the following:
(i1) A Two-Unit Residential Development, Three-Unit Residential Conversion, or Urban Lot Split
may not be located on any parcel within a very high fire hazard severity zone, as determined
the Department of Forestry and Fire Protection pursuant to Government Code Section 51178,
or within a high or very high fire hazard severity zone as indicated on the maps adopted by
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the Department of Forestry and Fire Protection pursuant to Public Resources Code Section
4202. As to Two-Unit Residential Developments and Urban Lot Splits, this subsection does
not apply to parcels that have been excluded from specific hazard zones by actions of the City
pursuant to Government Code Section 51179(b), or parcels that have adopted fire hazard
mitigation measures pursuant to existing building standards or state fire mitigation measures
applicable to the development.
(ii2) A Two-Unit Residential Development, Three-Unit Residential Conversion, or Urban Lot Split
may not be located on any parcel located within a delineated earthquake fault zone as
determined by the State Geologist in any official map published by the State Geologist, unless
the development complies with applicable seismic protection building code standards adopted
by the California Building Standards Commission under the California Building Standards
Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety
Code), and by the City of Saratoga Building Department under Chapter 12.2 (commencing
with Section 8875) of Division 1 of Title 2 of the Government Code.
(4d) A proposed Two-Unit Residential Development or Three-Unit Residential Conversion that
allows the demolition of more than twenty-five percent of the existing exterior structural walls,
unless the Two-Unit Residential Development is on a site that has not been occupied by a tenant
in the last three years.
(5e) For a Three-Unit Residential Conversion, any parcel located outside the R-1-20 and R-1-40
districts.
(b) An Affordable Multi-Family Dwelling may be located anywhere a multi-family dwelling is
permitted.
15-57.040 Development Standards.
Development pursuant to this Article shall comply with the following development standards and
all Development pursuant to this Article shall comply with the following development standards
and all applicable objective standards of the City Code, except as otherwise expressly provided for
in this section. A project proposed as part of a Two-Unit Residential Development, Three-Unit
Residential Conversion, or on a lot created by an Urban Lot Split, which does not meet the
requirements of this Article may seek discretionary approval pursuant to the applicable provisions
of the City Code.
(c) Maximum Height. No dwelling unit constructed pursuant to this Article as part of a Two-Unit
Residential Development or on a lot created by an Urban Lot Split shall exceed one story and
a height of eighteen feet, except as otherwise expressly provided for in this section. No
dwelling unit constructed pursuant to this Article as part of a Three-Unit Residential
Conversion shall exceed the height of the original structure subject to the conversion.
(1) A proposed dwelling unit subject to this subsection (c) which is located within either the
required side or rear setback area as set by the underlying zoning district shall not exceed
a height of sixteen feet.
(h) Off-Street Parking. One off-street parking space within an enclosed garage shall be required
per unit in Two-Unit Residential Developments, Urban Lots Splits, or Three-Unit Conversion,
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with the exception that for Two-Unit Residential Developments and Urban Lots Splits, no off-
street parking shall be required if any of the following apply:
(1) The parcel is located within one-half mile walking distances or either a high-quality transit
corridor, as defined in Public Resources Code Section 21155(b) of the, or a major transit
stop, as defined in Public Resources Code Section 21064.3.
(2) There is a designated parking area for one or more car share vehicles within one block of
the parcel.
15-57.060 Tree Protection.
The applicant for any project subject to this Article Urban Lot Split project, Two-Unit Residential
Development, or Three-Unit Residential Conversion that would remove, damage, prune, or
encroach upon a protected tree as defined in City Code section 15-50.050 shall:
(a) Provide an Arborist Report and Tree Preservation plan as described in City Code sections 15-
50.130 and 140 as part of the application materials.
(b) Provide a Tree Protection Security Deposit per City Code section 15-50.080.
(c) Before issuance of any Certificate of Occupancy for any dwelling unit, plant new trees equal
to the value of removed trees in accordance with the ISA Tree Valuation Formula contained in
the April 2000 ISA Guide for Plant Appraisal.
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