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HomeMy WebLinkAboutCity Council Resolution 96-28.1 RESOLUTION NO. 96-28.1 RESOLUTION OE TtIE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING POLICIES D~,,T~RMINING AND PROCESSING PROJECTS REQUIRING A VOTE OE TIlE PEOPLE UNDER TIIE PROVISIONS OE THE LAND USE ELEMENT OF THE GENERAL PLAN (MEASURE G IMPLEMENTATION) WHEREAS, on March 26, 1996, the voters approved a measure (Measure G) to change the text of the Land Use Element of the General Plan to require that certain amendments to said Land Use Element may only be made by a vote of the people, and WHEREAS, on April 23, 1996, the City Council did certify the results of the March 26, 1996, election and adopted a resolution incorporating the Measure G amendments into the Land Use Element, and WHEREAS, as a result of the adoption of said resolution the amendments to the Land Use Element became effective on May 3, 1996, and WHEREAS, in order to establish policies to effectively implement the change to the Land Use Element, the City Council did at a regular adjourned meeting held on May 7, 1996, at a regular meeting held May 15, 1996, and at regular adjourned meetings held on July 7, 1998 and September 8, 1998, consider various proposals and recommendations for the implementation of Measure G, and WHEREAS, at the conclusion of its deliberations the City Council did on May 15, 1996, and as further modified on September 8, 1998, by a ser~es of votes adopt policies relating to the implementation of Measure G. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Saratoga, as follows: 1. Staff is to use a two part test to determine if a project is subject to Measure G. The first part of the test is to determine if the proposed project property is currently located in one of the General Plan Land Use Designations contained in that portion of the Land Use Element of the General Plan covered by Measure G. If the property is located in one of the affected General Plan Land Use Designations then the staff will apply the second part of the test to determine if the project proposes to 1) change a General Plan Land Use Designation so that it would be subject to Measure G or, 2) increase specified densities or intensities which exceed the limits set forth in the Land Use Element of the General Plan or, 3) in the case of the Outdoor Recreation General Plan Land Use Designation, involves no recreation facilities, or involves no structures which are necessary to support the parks, or involves no structures of particular historic value. If the project proposes to either 1) change a General Plan Land Use Designation of the property so that it would be subject to Measure G, or 2) increases development density or intensity limits, except in the Outdoor Recreation General Plan Land Use Designation, Measure G would apply. If the project is in the Outdoor Recreation General Plan Land Use Designation and proposes to create facilities which are not recreational in nature, or which do not support the purposes of the park, and involves no structures of particular historic value then the project would be subject to Measure G. 2. If the staff determines a project is subject to Measure G it is to prepare a report to the applicant, at the applicant's cost, outlining the submittals required to complete applications for project review, the applicant's right to have a project considered or to have a General Plan amendment placed before the voters for consideration, the costs for such requests, and the effect approval of the amendment would have on future development of the property. 3. Applications for development which are determined to be subject to the election requirements of the General Plan, as set forth in Measure G, shall become subject to review by the Planning Commission and City Council under current procedures, and only upon approval shall proceed to election. 4. Applications which are determined to be subject to the election requirements of the General Plan, as set forth in Measure G, which would not result in an actual increase in the number of dwelling units allowed on the affected land, and which would not result in land designated as Residential or Outdoor Recreation being changed to a more intensive land use designation, shall become subject to review by the Planning Commission and City Council under current procedures, and only upon approval shall proceed to election or, at the request of the applicant and at the option of the City Council may proceed to election without further review. 5. Administrative determinations as to a project's status under Measure G may be appealed as currently set forth in Article 15-90 of the Municipal Code. 6. The timing of elections required by Measure G shall be determined by and the cost of the election paid for by the project applicant, such costs to be determined by the Finance Director and include all actual direct costs of the election and such indirect, general and overhead costs as may be determined appropriate by the Director of Finance in accordance with generally accepted accounting principles. 7. The provisions of Measure G allowing the City Council, under limited circumstances, to approve a redesignation of Measure G protected land use designations, (e.g., by exception) are to be considered only subsequent to the voters failing to approve an amendment to the General Plan which would remove the condition requiting an application for exception. Requests for exception shall be submitted by separate application. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the :~th day of September, 1998, by the following vote: AYES: Councilmembers Bogosian, Jacobs, rioran, Sha,:s and r,.layor l~olfe NOES: None ~~~ ABSENT: None ATTEST: ~or Deputy City