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HomeMy WebLinkAboutCity Council Resolution 96-20 RESOLUTION NO. 96- 20 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DECLARING THE RESULTS OF THE ELECTION CONCERNING MEASURE G AT THE ELECTION OF MARCH 26, 1996; AND ACKNOWLEDGING INSERTION OF MEASURE G IN CITY OF SARATOGA GENERAL PLAN WHEREAS, a Special Municipal Election was conducted on March 26, 1996, consolidated with the California Primary Election held on that same date, and WHEREAS, the results of that election are duly certified by the Santa Clara County Registrar of Voters, a copy of the official canvass of ballots cast in the election being attached hereto as Exhibit A, and WHEREAS, the City Council now meets to declare the results of the canvass of ballots, and WHEREAS, the City Council also meets to acknowledge the insertion of Measure G in the City of Saratoga General Plan ("General Plan"). NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga declares that Measure G has passed, and BE IT FURTHER RESOLVED, that the City Council determines the results of the election to be as shown on Exhibit A, attached to and made a part of this resolution, and that the City Clerk is directed to enter these results in the official records of the City of Saratoga. BE IT FURTHER RESOLVED, that Measure G, an uncodified initiative ordinance passed by the voters, is by its terms inserted into the City of Saratoga's General Plan in its entirety, and reference thereto shall be made in the Table of Contents of the General Plan; in a new last paragraph of the "Residential" section of the General Plan Land Use Element at page 3-2; and in a new paragraph G of the "Open Space" section of the General Plan Land Use Element at page 3- 4; all as set forth in Exhibit B, attached to and made a part of this resolution. Passed and adopted at a regular adjourned meeting of the City Council of the City of Saratoga held on the 23rd day of April, 1996 by the following vote: AYES: Councilmembers Burger, Moran, Tucker, Wolfe & Mayor Jacobs NOES None ABSENT: None ~~~7~/~ ATTEST: City Clerk - --"' n'~ lqq6 { ¢nlflca e of {Elcc Ion csulLs ~P~ I ~ STATE OF CA~FOR~IA ) CfrY t~' SARATOGA Coun~ ~San~ Clara ) cB'~ MANAGEIU~ OFFICE I, Dwi ht M. 'd Special Municipal Election was held in State of Cali:~ornia, the CITY OF SARATOGA on March 26, 1996 for the purposes of submitting Measure G to the voters of said City; and to wit: Amendment to the City General Plan requiring vote of the people in order to intensify existing land use designations for all lands designated "Residential" or "OutSloot Recreation. That the official canvass of the returns of said election was conducted by the office of the Registrar of Voters in accordance with the appropriate provisions of the Elections Code of the State of California; and That the Statement of Votes Cast, hereto attached, shows the whole number of votes cast for and against Measure G in the CITY OF SARATOGA, and in each of the respective precincts; and that the totals shown are true and correct. WITNESS my hand and Official Seal this 17th day of April, 1996. ' Registrar~>f Voters 4117196 553 PRESIDENTIAL PRINARY ELECTION, IIARCH 26:, 1996 042 CITY OF SARATO6A - HEASURE 6 , EL R EU S R B 6E [ A 6 L -I I L N S 0 iSI T T T!AT R S U!R! 0 Y O S U e N N T T AE s o 4674-PCT 4674 371 162 "43.7 83 73 4677-PC1' 4677 835 3Z9: : 175 130 4678-PCT 4678 605 237: 39.2 142 87 4679-PCT 4679 74' 284 38.2 149 120 4683-PCT 4683 774 323 41,7 223 88 4684-PCT 4684 729 267 36.6 109 148 4685-PCT 4685 755 294 38.9 119 4687-PCT 4687 664 Z53 38.1 , 144 104 4689-PCT 629 Z 7~ 42.9 153 111 4693-.c ' 4693 z., tJ:4 ',32',19I 4695-PCT 4695 922 3931 42.6 20~ 4696-PCT 4696 606 238 39.3 1.17 ',14 4697-PCT 4697 588 237 40.3 13.1 118 4703-PCT 616 274 44.5 166 103 471Q-PCT 741 339 45.7 182 150 4711-PCT 4711 573 209 36.5 96 101 471Z-PCT 4712 502 163 36.5 98 75 ',90 47Z3-PCT 4723 588 3',5 4,5,8 3.56 138 4729-PCT 4729 619 19 g.7 8 11 ABSENTEE TOTALS 19580 3214 ',6.4 1509 1494 C-tANO TOTALS 19580 1113Q 56.8 5768 4885 J EXHIBIT B TABLE OF CONTENTS Chapter 1 Introduction to General Plan 1-1 Summary Environmental Impact Report 1-3 Initial Citizen Participation 1-5 Chapter 2 Goals, Policies and Implementation Measures 2-1 Land Use 2-2 Circulation/Scenic Highway 2-6 Open Space 2-13 Conservation 2-16 Safety 2-20 Noise 2-21 Housing 2-22 Matrix 2-23 Issue and Statements and Policies 2-25 "Mea~Ure'G", I'nltiat~ve ordinance passed by t.he voters on'March 26, 19~6 2-28 Chapter 3 General Plan Element Land Use Element 3-1 Circulation and Scenic Highway Element 3-6 Open Space Element 3-24 Conservation Element 3-36 Safety Element 3-43 Noise Element 3-51 Housing Element 3-55 Chapter 4 Area Plans Area A - Mt. Eden Road 4-1 Area B - Congress Springs-Pierce Road 4-4 Area C - Blue Hills 4-7 Area D - Triangle North 4-10 Area E - Triangle South 4-14 Area F - Quito 4-17 Area G - Fruitvale-Sobey Road 4-21 Area H - Fruitvale West 4-23 Area I - Glen Una 4-26 Area J - The Village 4-29 Area K - Sunland Park 4-33 Area L - Kentfield 4-36 In all cases above, the maximum intensity of building and impervious surface coverage is: 50%-60% of site area. E. Multi-family - Maximum density of 14.5 DU/net acre or 27-45 people/acre. Maximum intensity of building coverage: 40% of site area. F. P-D (Planned Development) Residential - 4.35 to 12.45 DU/net acre or 13.5 to 38.6 people/acre. Maximum intensity of building coverage: 25% - 35% of site area. All projects proposed on sites with this designation shall require use permit approval as provided for in Article 16 of the zoning ordinance. It should be noted that any discussion of the number of people per acre is not meant to act as a limit to family size or maximum number of people that would be permitted to live on a site. The population densities given are meant only to act as a guide to the average number of people likely to occupy a given area. Limitations on General Plan Amendments Relating to "Residential" Lands. 1. Until December 31, 2025, the foregoing provisions governing maximum building density and intensity for lands designated "Hillside Conservation Single Family," "Very Low Density Single Family," "Low Density Single Family," "Medium Density Single Faro] ly," "Multi-Family," and "P-D (Planned Development)" sha] 1 not be amended to increase such densities or intensities unless such amendment is approved by vote of the. people. 2. All lands designated "Hillside Conservation Single Family," "Very' Low Density Single Family," "Low Density Single Family," ""Multi-Fami lv," or "P-D (Planned "Medium Density Single Family, Development)" by the City of Saratoga General Plan and amendments thereto through August 7, 1995 sha!] remain so designated until December 31, 2025, unless said land is redesignated to another genera]. plan land use category by vote of the people, or redesignated by the City Council pursuant to the prOcedur. e.~ set forth in subsections 3 and 4 below. 3. EXcept:..aS .provfaed i~ subsection' '4"below, ·land d~signa'tea by the City '.ofi"'Saratoga General Plan as "Hillside ConservatiOn· Single Fami:!lFi.'' ·"Very Low'Density single Family," "LOw DenSity Single F~mily," "Medium Density Single Family," "Multi-FamiIy, ""or "P-D i(:.Pian~ed DeVel6pm~n~):.,may be '.redesignat~'d to :a more· intensive residential. la~.~ U~e..:By 'th~ cit~!"C0Un.61!: pUr'S~'ah~ to. its 'us:Uai procedures Only: if the.'Ci~y CoUncil makes ea.ch of the following a i' The'prOposed redesignation is essential for "the" HOUSing E~m~ht to: be in ]substantia'l] c0mp!i~nce wfth 's~at&:."law, and hO!i': :other · feasible' redeS'igna~ ion' ( includ!'ng:,. bu~":: n~t 1 imited to, redeS ignati.'0n. ] o f.' landS· "des ignated" for r. non~ r~s ]dent ia 1 uses) or measures ·other· than ].the':'p~op0se~] redesignation .are aVailabie":~o ::ach'ie~e. Such ..c:ompl ianc'e. that: would involve b. :' The' Ho~sin~g Element 6f the City"s General Pla~' is. Dep~:rtment: Of ~{ouS'ing and' Community De..V~!6pm~D~:i::'.h~S found such: compl ian.Ce.:' 4. Land :designa~d':~y =the ci.~:..0f'.:..Saratoga' Gen:erai Plan as redesignated'' to another ·land use category by the City COuncil if e'aC~':::io~ ::the. foliowing cOnditiOnS 'ale satisfied: a. The ·City 'coUncil makes 'a- fin~]. tha'~. the appl icazion 'suSsecti0n'22 of this pOliCy:ion'::."[!mitations on General Plan .A. mendm~nt~'!~Re~t i:~'g to ','Resident iai,,'i Lands would constitute an unconstitutional taking of the landowner's property, and b.." 'In~==p~~ihg ~d~si~ha~=i~6~'i.~ =i'th'~""==C'i=t~=iC6Uncil= alloWS ='= '='~'dai~i~na.!. land]uSes= ~niy .~0'='~he.=.~himUm' e~ten.t== n.'e."C~ssary ~6.==.'~oia= ~aia= .un~o~t~tut~iohal2 == taki~g~ ~f. ~he=~!~hd'~n~..~=.S p~6perty= ," "an~l. i~.ut'eet~. to. '~he .m~k=imUm ex~e~f'c'.~=oS~iSi.e· .=~he uh~ra~=t.e'~== 'i0~i=== --'~A~diia{~l ~===Sdrroundi~g-'~es=-f~&n~'~ai'''''=" '= ""' Fn. ~ Added by Sect]on 2 A of "Measur-e G", an initiative ordinance passed by the voters on March 26, 1996, set forth in its entirety at page 2-28 of the General Plan. 1--9.1 Commercial Commercial land use is broken down into four subcategories. The first two are traditional commercial categories that allow typical retail commercial and office uses. These facilities serve the community and/or their immediate neighborhood. They are not regional in orientation and tend to be located in relatively small complexes. The fourth subcategory allows a mix of residential and commercial uses upon receipt of a use permit. The four subcategories and the density and intensity of the uses permitted in these subcategories are as follows: A. Retail Commercial - 4.35 to 8.7 commercial lots/acre, a maximum density of 14.5 DU/net acre (if use permit granted) or 27-45 people/acre. Maximum intensity of building coverage: 60% - 100% of site area. B. Professional Administrative - 3.63 commercial lots/net acre 8.7 to 10.89 DU/net acre (if use permit granted) or 27-33.8 people/acre. Maximum intensity of building coverage: 50% of site area. [ CONTINUED ON PAGE 3-3] D. Public Health and Safety Preservation - This subcategory consists primarily of flood plain areas, their streams and fault zone or landslide easements. No structures are allowed in these areas. These areas also preserve natural resources such as streams and geologic features created by faults and landslides. E. Hillside Open Space - This subcategory was taken from the County General Plan and covers all areas within Saratoga's Sphere of Influence that are not designated as parks. This subcategory allows uses which "support and enhance a rural character", promote wise use of natural resources and avoid natural hazards. Uses include: agriculture, mineral extraction, parks and low density recreational facilities, land in its natural state, wildlife refuges and very low intensity residential development. Other support uses related to the uses already listed may also be permitted. Density of development allows from between 1 DU/20 acres to 1 DU/160 acres based on a slope density formula subject to stringent criteria. These criteria will become part of the Sphere of Influence portion of the General Plan. F. Private Ownership - Only one site falls under this category. The Saratoga Country Club Golf Course. The use is described in the Basic Data section of the General Plan. It should be noted that there is a significant amount of private open space on large residential lots which are mapped as residential uses. G. Limitations on Gcneral Plan Amendments Relating to "Outdoor Recreation" Lands. 1. All lands designated "Outdoor Recreation" ~y the City of Saratoga General Plan and amendments thereto through August 7, 1995 shall remain so designated until December 31, ~025, unless said land is redesignated to another general plan ].and use category by vote of the people, or redesignated by the City Council pursuant to the procedures set forth in subsections 2 and 3 below. ~. Except as provided in subsection 3 below, land designated "Outdoor Recreation" by the City of Saratoga General F].an and amendments thereto through August 7, 1995 may be redesignated to residential land use by the City Council pursuant to its usual procedures only if the City makes each of the following findings: A~'~'~.iThe~prOp0Sed'amendment' is. essentiaI' fO~.i.the HouSing El~men~ t~. b~-'~n-'Sub~tant~al=~o~plian~e==With'State law~..~a~d ~O=6th~r ~easible designation (including, but not iiim~tea't6i, '~ede~ignut]on of lands des%gnated for nU~r'A]Si'd.~n~i~! Us~) or measures other than the propoS~:]~ed~iSi~na~=~on are available to achieve such Cgmp~fa~.~ti~U!a==inyolve .a less intens~eiland U. sei~:f.~h~"land to be r~d'eSignated, and The HOusing.Element of the c!ty~s General~"Plan is in Dep~rtment.'.of:.HO~stDg::a~d. CQmmUni~yr~evelopment. ihas =foUnd""'sU~h.~SuB~ta'hti~'~ 'compli'an~e~ 3. Land designated ky the City cf Saratoga General Plan as ,OutdoOr Recreation".may be redesigna~ed::"~o::'.afiq~her land h~e ~at~go~yii.b~i.it~'e'~ity:i.C6unCi:l::i~"eaCh of '%he"folloWing ~0,d~tig~:ii.ia~"~'~fii~d'i?- '.:-' ..... . ....... ........: .......... A. The City Council makes a finding that the application of subsection 1 of this policy on "Limitations on General Plan Amendments Relating to 'Outdoor Recreation' Lands" would constitute an unconstitutional taking of the landowner's property; and B. in permitting redesignation, the City Council allows additional. land. uses only to the minimum extent necessary to avoid said unconstitutional taking of the landowner's property, and protects to the maximum extent possible the character of the immediately surrounding residential neighborhoods.~"'~ Community Facilities Community Facility land use is broken down into three major subcategories which are further broken down into minor subcategories. These uses are described below. Fn. 2 Added by Section'2B :0f ',,=Me~:sure G", an initiafiv~'pf~inanCe ~ass'ed..~yi:~he~i.~dtef's .on March:26, 1996~ set forth..in its ~n~::~::.:i..~:.i:pa~:e 2~2.8 'of: :thi:s G~ne~l 'p!~n.: ....... A. School/Open Space Resource - Elementary schools, junior high schools, high schools, and the West Valley Community College are the uses that make up this subcategory. The open space and recreation areas of these sites are part of the City's open space inventory and help supplement City park use. Only school facilities or uses compatible with those facilities and adjacent uses are permitted. Intensity of building is governed by the zoning districts in which the schools are located. Allowable building coverage varies and is regulated by use permit. B. Public Facilities - The Civic Center, the Community Library, and two fire stations are included in this subcategory. They are institutional uses under government control (other than school districts) that provide a public service. Building ...... [CONTINUED ON PAGE 3-5]