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HomeMy WebLinkAbout02-21-2006 Planning Commission Packet• CITY OF SARATOGA PLANNING COMMISSION SITE VISIT AGENDA DATE: Tuesday, February 21, 2006 - 3:30 p.m. PLACE: City Hall Parking Lot, 13777 Fruitvake Avenue TYPE: Site Visit Committee STI'E VISITS WILL BE MADE TO T~iE FOLLOWING ITEMS ON 1~IE PLANNING COMMISSION AGENDA FOR TUESDAY, FEBRUARY 21, 2OOE) ROLL CALL REPORT OF POSTING AGENDA AGENDA 1. Application 06-216 SUBWAY SANDWICH Item 1 14410 Big Basin Way The Site Visit Committee is comprised of interested Planning Commission members. The committee conducts site visits to properties that are new items on the Planning Commission Agenda. The site visits are held on the Tuesday preceding the Wednesday hearing, between 3:30 p.m. and 5:00 p.m. It is encouraged for the applicant and/or owner to be present to answer any questions that may arise. Site visits are generally short (5 to 10 minutes) because of time constraints. Any presentations and testimony you may wish to give should be saved for the Public Hearing. • CITY OF SARATOGA PLANNING COMMISSION STUDY SESSION AGENDA DATE: Wednesday, February 22, 2006, 6:00 p.m. PLACE: Administrative Conference Room located at 13777 Fruitvale Avenue, Saratoga, CA 95070 TYPE: Adjourned Regular Meeting ROLL CALL REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on February 9, 2006. STUDY SESSION AGENDA DISCUSS LAND USE AND ADMINISTRATIVE ISSUES IN PREPARATION • FOR JOINT MEETING WITH CITY COUNCIL. The study session is an information meeting for the Planning Commission. No decisions will be made at this meeting. ' ADJOURNMENT TO REGULAR PLANNING COMMISSION MEETING Wednesday, February 22, 2006, at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA I~ m. CITY OF SARATOGA PLANNING CONIIVIISSION AGENDA DATE: Wednesday, February 22, 2006 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ~ ~~ ROLL CALL: Commissioners Manny Cappello, Jill Hunter, Robert Kundtz, Linda Rodgers, Michael Schallop, Mike Uhl, and Chair Susie Nagpal , PLEDGE OF ALLEGIANCE MINUTES: Draft Minutes from Regular Planning Commission Meeting of February 8, 2006 ORAi; COMMUNICATIONS -Any member of the Public will be allowed to address the Planning Commission for up to three minutes on matters not on this agenda. The 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 under Planning Commission direction to Staff. .. C7 ORAL COMMUNICATIONS-PLANNING COMMISSION DIRF.CI ION TO STAFF Instruction to staffregarding actions on current Oral Communications. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on February 15, 2006. REPORT OF APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an "Appeal Application" with the ~ City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15-90.050 (b). CONSENT CALENDAR - None PUBLIC HEARINGS All interested persons may appear and be heard at the above time and place. Applicants/Appellants and their representatives have a total of ten minutes malamum for opening statements. Members of the Public may comment on any item for np to three minutes. Applicant/Appellants and their representatives have a total of 5ve minutes magimnm for closing statements. 1. APPLICATION #06-216 (517-09-043; 517-09-018, 517-09-044) SUBWAY SANDWICH SHOP (tenant)/ATOGA LLC (property owner), 14410 Big Basin Way; -The applicant requests a Conditional Use Permit to establish a sandwich shop in an existing approximately 960 square foot vacant tenant space in the newly remodeled Corinthian Corners commercial complex. The sandwich shop will face Saratoga-Los Gatos Rd and will be situated in a tenant space between Starbuclts Coffee and a proposed retail bicycle shop. ~Lata Vasudevan) • ~ DIRECTORS ITEM - None COMMISSION ITEMS None ~ t- CO1VrnIU1vICATIONS I - None ADJOURNMENT TO NEXT MEETING - Wednesday, March 8, 2006 at 7:00 p.m. in the Council Cl~ambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in , this meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca:us. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title I17. Certificate of Posting of Agenda:, I, Abby Ayende, ice Specialist for the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning Commission of the .City of Saratoga was posted on February 2, 2006 at the office of the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's website at www.saratoga.ca.us If you would like to receive the Agenda's via a-mail, please send your a-mail address to plannineCa~,saratoea.ca.us • ,.~ `` %` !\ vvv(((,,,/// ~ ,tip. •.~ MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, February 8, 2006 PLACE:. Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Nagpal called the meeting to order at 7:05 p.m. ROLL CALL Present: Commissioners Cappello, Hunter, Kundtz; Nagpal, Rodgers and Schallop Absent: Commissioner Uhl Staff: Director John Livingstone, Associate Planner Lata Vasudevan and Assistant Planner Suzanne Thomas PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES -Regular Meeting of January 1`1, 2006. Motion: Upon motion of Commissioner Cappello, seconded by Commissioner Hunter, the Planning Commission minutes of the regular meeting of January 11, 2006, were adopted with corrections to pages 3 and 9. (6-0-1; Commissioner Uhl was absent) ORAL COMMUNICATION There were no Oral Communications. REPORT OF POSTING AGENDA Director John Livingstone announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on February 2, 2006. REPORT OF APPEAL RIGHTS Chair Nagpal announced that appeals are possible for any decision made on this Agenda by filing an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15.90.050(b). • Planning Commission Minutes for February 8, 2006 CONSENT CALENDAR There were no Consent Calendar Items. *** ,~ PUBLIC HEARING -ITEM NO. 1 ' APPLICATION #06-065 (517-13-032) MAGGETTI, 16233 Cuvilly Way: -The applicant requests Design Review Approval to construct a new single-family residence on a vacant lot in the Chateaux de Notres Dames Subdivision. The total floor area of the proposed residence will be 6,003 square feet including garage, with a 996 ~ square foot basement area. The maximum height of the proposed residence will ,be not higher than 26 feet. The net lot size is 44,039 square-feet and the site is zoned R-1-40,000. (Lata Vasudevan) Associate Planner Lata Vasudevan presented the staff report as follows: • Advised that the applicant is seeking Design Review Approval, to allow a new multi level single-family residence consisting of 6,003 square feet and including a 996 .square foot basement. The maximum height proposed is 24 feet, 3 inches. The site is a vacant 44,039 square foot parcel in an R-1-40,000 zoning district. • Explained that the parcel was created as a part of the Chateaux de Notres Dames Subdivision, a Sobrato subdivision. • Said that four other Design Review applications have been approved for lots within this subdivision within the last four years. The other lots will come before the Commission for Design Review in the future. • Described the architectural style as Mediterranean that is compatible with the other recently approved homes in this subdivision while still maintaining its own character. • Distributed exhibits showing the homes on Lot 7 and Lot 9, which are on either side of this subject lot (Lot 8). • Explained that there are 21 Ordinance protected trees on the. property of which 9 are proposed for removal. The Gity Arborist has deemed these trees as suitable for removal. • Added that the original site plan was modified as a result of the initial Arborist report in order to preserve the trees in the front yard. Mitigation measures are included within the Conditions of Approval. • Assured that all required Design Review findings can be made in the affirmative. • Recommended approval. Commissioner Cappello asked about the roof material use on the adjacent residence and whether it is tile, wood or slate. Commissioner Rodgers replied that they are depicted on the plan as being a custom blend concrete roof tile. Chair Nagpal asked about the two sample boards distributed by staff. Planner Lata Vasudevan advised that one demonstrates roofing and the other siding and colors. Page 2 Planning Commission Minutes for February 8, 2006 Page 3 Chair Nagpal opened the Public Hearing for Agenda Item No. 1. Mr. Gary Kohlsaat, Project Architect: • .Said he was happy that most of the Commissioners were able to visit the site. • Explained that this is an interesting -and challenging site with several constraints to overcome to fit a house on the property, including the pie shape of the lot at the front that required the house to be set back somewhat to avoid a front elevation that was too narrow. • Added that the large trees at the front of the property help screen the house from view. • Said that the garage is directed at a 90-degree angle to the street. The driveway is at the north or right property line, an area that requires a reduced amount of grading. • Advised that the driveway was modified in two locations. One is to protect the drip line of the neighbor's Walnut tree. The other was the guest parking area near the pine tree that was modified to require minimal grading. • .Pointed out that the larger front yard setback creates privacy for the adjacent neighbors. • Stated that this home is a split-level design with the highest point being 24.5 feet, which is a tower element over the staircase that helps that elevation by providing good movement. It is not awkward but rather blends in well and serves as a focal point to this elevation. • Said that there is a front courtyard with afour-foot wall that will incorporate a fountain and landscaping. The front will have simple landscaping and perimeter including a small lawn.. The lawn is small because lawn does not grown beneath trees. The area will be largely left natural to protect these mature trees. • Added that the- back patio will be off the main living areas. There is no landscape .plan for the rear yard until a buyer is found. • Said screening between this home and the Roberson home would be added using Italian Cypress that grows to about 15 feet in height. • Stated that the home is an Italian-style architecture using clean lines and details that offer texture including copper gutters, clay the roof tiles, good quality windows and stucco. Commissioner Cappello asked if the garage and game room are at the same level and if the basement is below the game room. Mr. Gary Kohlsaat said that the family room is one foot down from the kitchen. Then it is a half-level down to the garage. The game room is one floor below the family room. Commissioner Cappello asked if-there is anything above the basement. Mr. Gary Kohlsaat replied the family room. Commissioner Cappello said that this is a neat layout. Commissioner Hunter asked if any green building principles would be used for this project including solar or thermal floors. • Mr. Gary Kohlsaat replied not at this point although they would be using a high efficiency furnace. He pointed out that using the thermal floor system would actually be more expensive and require a dual system since most homes today include air conditioning in addition to heat. Planning Commission Minutes for February 8, 2006 a~ Commissioner Hunter asked if solar power is beneficial in a project such as this one. Mr. Gary Kohlsaat: • Replied that photovoltaic is what is being pushed today. • Cautioned that the problem with using photovoltaic systems is how to make such a system blend in aesthetically with homes like this. They still look very mechanical. • Added that it is quite a challenge to incorporate such.a system on a lot such as this one with a lot of trees that block the sun. • Recounted that there are roof tiles available today that have photovoltaic properties .but they are still very obvious in appearance. • Assured that he likes to design in such a way as to capture as much sunlight as possible. • Added that this house would also be very highly insulated at 2 by 6 instead of 2 by 4. • Said that they have not discussed other green options for the interior as of yet. Chair Nagpal closed the Public Hearing for Agenda Item No. 1. Commissioner Cappello said that this is a beautiful design that blends into the landscaping and nearby homes. The colors and design are good. Commissioner Hunter said that this is a lovely project and design and encouraged the retention of the Pines. • Commissioner Rodgers said that she could make the necessary findings in the affirmative as this project is well articulated, flows down hill and follows the contours of the property. Additionally there are no reflective materials. This is a great addition to the community. Chair Nagpal expressed appreciation for the articulation in the design and the fact the home follows the grade of the property. Predicted that the breakfast nook would be the main gathering place in this home. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Kundtz, the Planning Commission granted Design Review Approval (Application #06-065) to allow the construction of a new single-family residence, on property located at 16233 Cuvilly Way, by the following roll call vote: AYES: Cappello, Hunter, Kundtz, Nagpal, Rodgers and Schallop NOES: None ABSENT: Uhl ABSTAIN: None *,~ PUBLIC HEARING -ITEM NO.2 • APPLICATION #06138 (366-43-001) PARKER RANCH HOMEOWNERS ASSOCIATION, 12045 Parker Ranch Road: The applicant requests Design Review Approval to construct a Page 4 Planning Commission Minutes for February 8, 2006 Page 5 monument sign identifying a subdivision. The total area of the sign is approximately 23 square feet and the height is 4 ft. 4 inches. (Suzanne Thomas) Assistant Planner Suzanne Thomas presented the staff report as follows: • Described three categories of signs that are handled at an administrative level. • Advised that the rest go to the Planning Commission including requests. like -this one for a freestanding monument sign identifying a subdivision. • Explained that an existing monument sign identifying 'the Parker Ranch Subdivision was approved in 1992. The subdivision itself was created 25 years ago. • Said that required findings -can be made in the affirmative for this replacement sign. At 23 square feet, it complies with size regulations. The sign is compatible with ,the neighborhood and its placement blends with the landscaping. Brass letters are eight- inches tall on a four-foot, four-inch high sign. • Stated that this sign would not adversely impact the area or obscure views. It is located away from the corner in the same location as the existing sign. • Reported that the required neighbor notification was done. • Added that two letters of support have been received and no letters of opposition. • Recommended approval. Commissioner Rodgers wanted record to reflect that this sign is not illuminated.. Planner Suzanne Thomas confirmed that the sign is not illuminated. Chair Nagpal .opened the Public Hearing for Agenda Item No. 2. Mr. John Hengle, Representative of the Parker Ranch Homeowners' Association: • Advised that he resides at 12468 Parker Ranch Court and is available for questions. • Explained that the two applications for Parker Ranch this evening are for identical signs on separate properties within easements on those properties. Commissioner Cappello asked who would maintain the shrubs beneath these signs. Mr. John Hengle replied that the Homeowners' Association (HOA) would maintain the space around the sign. The remainder of the landscaping on both properties would continue to be maintained by the respective property owners. Commissioner Cappello asked if these signs are located in common areas. Mr. John Hengle said that they are located on individual lots for which an easement has been secured for placement of these identifying signs for this subdivision. Chair Nagpal closed the Public Hearing for Agenda Item No. 2. • Commissioner Hunter thanked Mr. John Hengle for his presentation. Planning Commission Minutes for February 8, 2006 Page 6 Commissioner Kundtz said that this sign puts the finishing touches on the ingress and egress ways for this subdivision. He asked about the fact that one more request is anticipated and whether that is expected to be the last sign sought for this subdivision. Mr. John Hengle said that as far as they are concerned, that third sign would be it. However, there is no easement in place yet for the third sign. He said that they have wanted these identifying signs for years now but they had to wait for cooperative owners who would be willing to allow these necessary easements. Motion: Upon motion of Commissioner Kundtz, seconded by Commissioner Cappello, the Planning Commission granted Design Review Approval (Application #06-138) to allow the construction of monument sign identifying a subdivision on property located at 12045 Parker Ranch Road, by the following roll call vote: AYES: Cappello, Hunter, Kundtz, Nagpal, Rodgers and Schallop NOES: None ABSENT: Uhl ' ABSTAIN: None *** PUBLIC HEARING -ITEM NO.3 APPLICATION #06-139 (366-49-006) PARKER RANCH HOMEOWNERS ASSOCIATION, 12467 Parker Ranch Road: The applicant requests Design Review Approval to construct a monument sign identifying a subdivision. The total area of the sign is approximately 23 square feet and the height is 4 ft. 4 inches. (Suzanne Thomas) Assistant Planner Suzanne Thomas presented the staff report as follows: • Stated that this is the same request as the previous except this sign is to be located on a separate parcel. • Said that both properties are at Prospect and Parker Ranch Road. • Advised that this only difference is that there is no existing sign on this second property. • Informed that this request is found to be appropriate. It offers no obstruction and has no adverse impacts. • Said that the neighbors were notified and no negative comments were received and three letters of support were received. • Said that this sign is compatible and the required findings can be made in the affirmative. • Recommended approval. Chair Nagpal opened the Public Hearing for Agenda Item No. 3. Mr. John Hengle, Representative of the Parker Ranch Homeowners' Association: • Said he has nothing further to add unless there are questions. • Commissioner Hunter asked staff why the monument sign at Saratoga School never came before the Commission for review. Planning Commission Minutes for February 8, 2006 • Director John Livingstone reminded that schools are exempt from City jurisdiction. Page 7 Commissioner Hunter said that it would be nice if schools did come to the City for review. Commissioner Cappello asked if there have been any weed complaints about this site. Mr.-John Hengle replied not as far as he is aware. He pointed out that the Water District has an easement along the creek and keeps the weeds trimmed back. Commissioner Cappello asked if the HOA would be maintaining these signs. Mr. John Hengle replied yes, they would now. They did not have an easement for the original sign but now they do. Chair Nagpal closed the Public Hearing for Agenda Item No. 3. Motion: Upon motion of Commissioner Kundtz, seconded by Commissioner Rodgers, the Planning Commission granted Design Review Approval (Application #06-139) to allow the construction of monument sign identifying a subdivision on .property located at 120467 Parker Ranch Road, by the following roll call vote: AYES: Cappello, Hunter, Kundtz, Nagpal, Rodgers and Schallop NOES: None ABSENT: Uhl ABSTAIN: None *** DIRECTOR'S ITEMS There were no Director's Items. COMMISSION ITEMS Commissioner Hunter advised- that the Village Ad Hoc Committee would be visiting Pleasanton next week. Commissioner Kundtz pointed out that the neighborhood notification template form has two lines. One states that the undersigned certifies that they are okay with the proposal. The other states that they are not okay. He said that it is important to add a box for the person signing the document to check off which of these two statements applies to their signature below. • Chair Nagpal suggested another preparatory meeting before the -next Planning Commission meeting on February 22"d to complete discussions for the joint session with Council. Planning Commission Minutes for February 8, 2006 ~ Page 8 ,, Commissioner Cappello suggested not starting before 6 p.m. .- Chair Nagpal -asked about Form 700 and whether any of the other Commissioners had `, received a form to complete as of yet this year. Commissioner Hunter said that this form is usually due by April. COMMUNICATIONS , There were no Communications Items. ADJOURNMENT TO NEXT MEETING Upon motion of Commissioner Hunter, seconded by Commissioner Cappello, Chair Nagpal adjourned the meeting at 7:50 p.m. to the next Regular Planning Commission meeting of February 22, 2006, at 7:00 p.m. MINUTES PREPARED AND SUBMITTED BY: ~ Corinne A. Shinn, Minutes Clerk • • ,' • i• M REPORT TO THE PLANNING COMMISSION Application No./Location: 06-216;14410 Big Basin Way, Bldg. B (Area 1- Corinthian Corners) Type of Application:. Conditional Use Permit Applicant/Owner Subway , (tenant and franchise owner Miya . Glasauer)fHeilzal -'Aloga LLC (owner) Staff Planner. Lata Vasudevan AICP, Associate Planner Meeting Date: February 22, 2006 ~ ~~ APN: 517-09-018, 043 Est 044 Deparanent Head ~2Z John.F. Livingstone, A1CP GATns wir ~ ~ 0.00 0.01 0.02 0.03 0.04 0.05 km~ i i / \ ~/ c~- s 14410 Big Basin Way., Subway • • CASE HISTORY Application filed OU04/06 , Application complete: not yet complete, until clarification on signage is obtained Notice published 02/08/06 IVlailing completed 02/07/06 Posting completed 02/16/056 PROJECT DESCRIPTION The applicant is requesting a Conditional Use Permit to locate a Subway sandwich shop in one of the tenant spaces located within an 11,836 square foot commercial property known as Corinthian Corners. The site is located at the corner of Big Basin Way and Saratoga-Los Gatos Road and was formerly occupied by a flower shop. The sandwich shop will face Saratoga-Los _Gatos Rd. and. will occupy an approximately 960 square foot tenant space between Starbucks and a proposed bicycle shop. STAFF RECOMMENDA?TON ' Approve the Conditional Use Permit application with conditions by adopting the attached Resolution. • File No. 06-216;14410 Big Basin Way -Bldg. B, Area 1 Conditional Use Permit -Subway PROJECT DATA ZONING: CH-1 District: The CH-1 District has been written to implement the Saratoga VillageSpecific Plan and achieve the following objectives with respect to the Village, (1) Preservation and. enhancement of the small-scale, pedestrian character of the Village to make the area more inviting to potential shoppers and diners; (2) Preservation and enhancement of the architectural and landscape quality of the . Village; (3) Encouragement of a town center mix of specialty shops, restaurants, convenience shops, services and residences; and (4) Conservation of historic structures. GEivFRAT PIAN DESIGNATION: The General Plan designates this area as CR -Retail Commercial. The property is located within Area J, which is the Village Area. MEASURE G: Not applicable -- PARCEL. SIZE:16,180square feet SQUARE FOOTAGE OF TENANT SPACE: 960 square feet AVERAGE SITE SLOPE: Average Slope of lot is less than 10°0 GRADING REQUIRID: The applicant proposes no changes to the grade. ENVIRONMENTAL DETERMINATION: The proposed project consisting of the conversion of an existing small structure from one use to another is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant. Section 15303, "New Construction or Conversion of Small Structures", Class 3 (c) of the Public Resources Code (CEQA). PROPOSID EXTERIOR l~-rFUiAis AND COLORS: Other -than new signage, the applicant does not propose any changes to the exterior of the property. • • n LJ 'File No. 06-216;14410 Big Basin Way -Bldg. B, Area 1 Conditional Use Permit -Subway PROJECT DISCUSSION The applicant is proposing interior tenant improvements to locate a Subway sandwich shop in the Corinthian Corners commercial complex at the southwest corner of Big Basin Way and Saratoga Los Gatos Rd The tenant space is on the ground floor next to Stazbucks, with its store entrance facing Saratoga-Los Gatos Rd The sandwich shop also has a portion of its facade with a window facing Big Basin .Way. The floor area of Subway will be approximately 960 square feet with 6 tables for seating 16 people. Subway will have a maximum of 3 employees. No exterior changes aze proposed to the facade or to the off- street parking. configuration where there are six spaces. Facade improvements to the Corinthian Corners complex were approved as a design review application by the Planning Commission on September 22, 2004. Requirements for a ConditionallyPermitted Use The proposed Subway is classified as a restaurant pursuant to the City Code: Establishing- and operating a restaurant in any of Saratoga's commercial zoning districts requires the issuance of a Conditional Use Permit from the Planning .Commission. This process acknowledges that this use may be permitted, but allows the Planning Commission to impose conditions to ensure that a project is compatible with surrounding Iand uses. The granting of a Conditional Use Permit shall be based on -the findings stated in Zoning i Ordinance section 15-55.070. A discussion of these findings is provided below. Correspondence aad Neighbor Revjew -Staff has not received any written comments from the public as of the writing of this report. The applicant has spoken with adjacent tenants in the Village and their review letters are attached Hours of Operative The operating hours are from 9:00 a.m. to 9:30 p.m. everyday. The primary peak time is during lunch from ll:30 to 1:30 p.m. There is very little customer activity during the evening. Staff has added a condition limiting deliveries to off-peak hours or during after hours. Parkingand Circulation The City of Sazatoga recently adopted a zoning text amendment which relaxes all pazking requirements in the Village. This ordinance was adopted on January 18, 2006 and became effective February 18, 2006. The new ordinance specifies that no off-street pazking shall be required for applications that aze deemed complete between March 1, 2006 and February 28, 2009. • Staff scheduled this application prior to March 1~` to support rapid revitalization of the Village. However, this application has not been deemed complete because Staff is waiting for actual material samples for the signage. Staff anticipates that once the material samples are received, the application can be deemed complete on or after March 1, 2006. Therefore, File No: 06-216;14410 Big Basin Way -Bldg. B, Area 1 Conditional Use Permit -Subway ''. a~ • based on the parking ordinance that will be soon become effective, no additional off-street pazking will be required for the proposed sandwich shop. The new ordinance identifies a current pazking surplus which .serves as -the basis for relaxing. the off-street pazking requirements in the Village. The identified pazking surplus would accommodate 41,850- square feet of new floor area or intensification of use in the CH zoning districts. -The establishment of a restaurant is an intensification of use from the prior flower store. that was located at this site. In application of the new pazking ordinance, the square footage of 960 feet will be deducted from 41,850 squaze feet of gross floor azea, leaving 40,890 square feet that would be available for development in the Village. The Corinthian Corners complex has 6 off-street pazking spaces which are not being credited towards the parking needs for Subway because they have already been allocated toward the parking needs for Starbucks. Customer on-site parking may be available for Subway since its peak hours of business aze different from the morning peak hours for Starbucks. It is likely that customer pazking demands for the proposed bicycle shop would. be sporadic and likely to not consistently coincide with the peak times of Subway and Starbucks. As a side note, a condition of approval, like the one imposed on the conditional use permit for Stazbucks, prohibiting on-site employee pazking~has been included in the attached resolution. Signage ~ _. 1 The applicant is proposing two `Subway' signs, one on each facade. The letters will be individual metal with exterior illumination from one goose neck lamp for each sign. The applicant would like to match .the goose neck lamps ,that currently illuminate the Starbucks signage. The corporate colors of yellow and white will be used for the letters.. Staff has requested a review of the materials to determine whether metal or wood would be more attractive. Since signage is a highly visible feature in the character of a business, Staff has added a condition that the application will not be deemed complete until Staff reviews the actual material samples for the signage. Design Review Design Review approval is not required for this application. No exterior changes. to the facade aze proposed in this application. Conclusion Staff has determined that all 3 of the required Conditional Use. Permit findings stated within Section 15-55.070 of the City Code can be made in the affirmative. The following is a discussion of each of the 3 findings: Finding #1: The proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the zoning district in which the site is located. The General Plan designates this area as CR -Retail Commercial. General Plan Land Use Policy LU 7.1 states, "The City shall consider the economic impacts of all land use decisions on the City." Establishing any restaurant requires considerable File No. 06-21b;14410 Big Basin Way -Bldg. B, Area 1 ~, . • Conditional Use Permit -Subway time and investment from the business owner. It is very difficult to determine the success of this sandwich shop or any restaurant use at this time. However, Staff does not see any reason that a sandwich shop or any other type of restaurant use located in a relatively small tenant space could have a negative impact on the viability of the Village. Furthermore, the CH-1 District is designed to implement the Saratoga Village Specific Plan and achieve the following objectives with respect to the village: (1) Preservation and enhancement of the small-scale, pedestrian character of the Village to mane the area more inviting to potential shoppers and diners; -The proposed sandwich shop is a small- scale establishment situated adjacent to a retail shop and a coffee shop that promotes a healthy pedestrian character with its visible outdoor seating. Any sandwich shop that is located at the relatively small tenant space would not diminish the pedestrian character of the Village. (2) Preservation and enhancement of the architectural and landscape quality of the Village; - No exterior changes are proposed to the Corinthian Corners building as a result of this application. (3) Encouragement of a town center mix of specialty shops, restaurants, convenience shops, services and residences; -The proposed sandwich shop contributes to the mix of businesses in the Village and provides an alternate option for a convenient meal. (4) Conservation of historic structures. This objective is not applicable to this proposal • Finding #2: The proposed location of the conditional use and the conditions under which it would lie operated or maintained will not ,be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the. ..vicinity. The applicant will be required to meet all Fire District, Uniform Building Code, and applicable health and safety regulations. Finding #3: The proposed establishment will comply with all applicable provisions of -.the Saratoga Municipal Code. This requirement is included in the conditions of approval included in the resolution which grants the Conditional Use,Permit for the establishment of Subway. STAFF RECOMMENDATION Approve the Conditional Use Permit application with conditions by adopting the attached Resolution. It should be noted that the Planning Commission maintains continuing jurisdiction over any approved Use Permit, and reserves the right to review and modify the conditions of a Use Permit at a public hearing if unforeseen issues arise in the future. ATTACHMENTS 1. Resolution 2. City of Saratoga Notice, Noticing Affidavit, and Noticing Labels. 3. Letter of Justification from Applicant 4. Letters from citizens ,File No. 06-216;14410 Big Basin Way -Bldg. B, Area 1 Conditional Use Permit -Subway ~~ • 5. New Village Parking Ordinance No. 240 6. Applicant's Plans, Exhibit 'A' • • Attachmen ~~ a. r - {, • RESOLUTION NO. Application No. 06-216 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Subway; 14410 Big Basin Way, Bldg. B Area 1. WHEREAS, the City of Saratoga Planning Commission has received an application , for a Conditional Use Permit to allow Subway (sandwich shop) in a remodeled tenant space within the Corinthian Corners commercial complex. The coffee shop .will be approximately 960 square feet The site is located in a Commercial Zoning District; and WxEREAS, the Planning Commission has conducted a duly, noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and ~ - WxEREAS, the Planning Commission finds the proposed project consisting of the conversion of an existing small structure from ore use to anotheF is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (c) of the Public Resources Code (CEQA); and WxERFAS, the Planning Commission finds that all of the findings required within Section 15-55.070 of the City Code can be made in the affirmative. The following is a discussion of each of the 3 findings: Finding #1: The proposed sandwich shop meets the objectives of the Zoning Ordinance and the purposes of the zoning district in which the site is located. The General Plan designates this area as CR -Retail Commercial. General Plan Land Use Policy LU 7.1 states, "The City shall consider the economic impacts of all land, use decisions on -the City." Establishing any restaurant requires considerable time and investment from the business owner. It is very difficult to determine the .success of this sandwich shop or any restaurant use at this time. However, Staff does not see any reason that a sandwich shop or any other type of restaurant use located in a relatively small tenant space could have a negative impact on the viability of the Village. Furthermore, the CH-1 District is designed to implement the Saratoga Village Specific Plan and achieve the following objectives with respect to the village: (1) Preservation and enhancement of the small-scald pedestrian character of the Village to make the area more inviting to potential shoppers and diners; -The proposed sandwich shop is a small-scale establishment situated adjacent to a retail shop and a coffee shop that promotes a healthy pedestrian character with its visible outdoor seating. Any sandwich shop that is located at the relatively small tenant space would not r] " h the pedestrian character of the Village. File No. 06-216;14410 Big Basin Way -Bldg. B, .Area 1 ~ ~ = Conditional Use Permit -Subway ' ~~ • (2) Preservation and enhancement of the architectural and landscape duality of the Village - No exterior changes are proposed to the Corinthian Corners building as a result of this application. (3) Encouragement of a town center mix of specialty shops, restaurants, convenience shops, services and residences; -The proposed sandwich shop contributes to the mix of businesses in the Village and provides an alternate option for a convenient meal. (4) Conservation of historic structures. This objective is not applicable to this proposal Finding #2: The proposed sandwich shop will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity in that conditions have been placed regarding the operation of Subway to minimise potential impacts; and Finding #3: The proposed establishment will comply with all applicable provisions of the Saratoga Municipal Code. Now, TxF~tF~ox>=, the Planning Commission of the City of Saratoga does hereby resolve as follows: ' Section 1. After careful consideration of the floor plan and other exhibits submitted in connection with this matter, the application for a Conditional Use Permit approval for Starbucks Coffee is hereby granted subject to the following conditions: PIANNING 1. The Planning Commission shall retain continuing jurisdiction over the Conditional Use Permit and may, at any time, modify, delete or impose any new conditions of the permit to preserve the public health, safety, and welfare. 2. The store shall operate as represented on the plans marked Exhibit A. The signage is also approved as shown on Exhibit A with the condition stated in item #4 below. 3. Any intensification of this use shall require an amended Conditional Use Permit. 4. The approval of this conditional use permit is granted upon deeming this application as complete. This application will be deemed complete upon Staff review and approval of the submittal for the material sample for the signage. 5. Prior to issuance of Building Permits for any internal tenant improvements, detailed construction plans shall be reviewed and approved by the Planning Division for Zoning Clearance to verify consistency with the approved Exhibit "A" plans. The construction drawings shall incorporate a copy of this Resolution as a separate plan Page• • 6. Subway employees shall not use the on-site parking spaces. File No. 06-216;14410 Big Basin Way -Bldg. B, Area 1 {~ 'Conditional Use Permit -Subway 7. A Building Petmit shall be obtained for the proposed signage. 8. If required, prior to issuance of Zoning Clearance for the proposed tenant improvements, the owner/applicant shall submit ~ to the Community Development Department verification from the Santa Clara County Health Department showing proof of compliance of the proposed facility with the Health Department's requirements. 9. The proposed use shall at all times operate incompliance with all regulations of the City and/or other agencies having jurisdictional authority over the use pertauring to, but not limited to, health, sanitation, safety, and water quality issues. 10. The applicant shall obtain a Business License from the City of Saratoga prior to conducting business. FIRE PROTECTION DISTRICT 11. Applicant shall comply with all Saratoga Fire district requirements. CITY AT'roRNEY • 12. A licant a ees to hold Ci harmless from all costs and expenses, including PP ~ ~' attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the applicant's project Section 2. A Building Permit or Business License must be issued and construction or business operations commenced. within 24 months from the date of adoption of this Resolution or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-55.080 and 15-90 of the Saratoga City Code, this Resolutionshall become effective ten (10) days from- the date of adoption. • ,. ,File No. 06-216;14410 Big Basin Way -Bldg. B, Area 1 ' Conditional Use Permit -Subway ~~ PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 22nd day of February 2006 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Susie Nagpal Chair, Planning Commission ATTEST: John F. Livingstone, AICP Secretary, Planning Corrnnission This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the .Applicant, and .Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the.City Planning Commission. Property Owner or Authorized Agent Date • I~ 1I J~ u '' a. a. • Impression antibourrage et a sechage rapide tJtillsOz le gabarit 5160® ~lls -Fargo Investments .4428 Big Basin Way Saratoga, A 95070 Zonald & Barbara Worden '. O. Box 52085 'hoenix, AZ 85072-2085 )owney Savings & Loan Assoc '. O. Box 6000 lewport Beach, CA 92658 )tto M and Bette Crawford .2471 Green Meadow Lane ;,aratoga, CA 95070-3032 ert & Shirley Cancellieri ~60 Cody Lane ;aratoga, CA 95070 ~ames & Arlene Rosenfled .4219 Okanogan Drive ;aratoga, CA 95070-5549 ~~ www.averycom f/~1 A~1~Y® 5160® ~~ 1$00-GO AVERY i. . Warren B. Heid AIA & Assoc. W. Jeffery:-Heid 14630 Big Basin Way 14630 Big Basin Way Saratoga, CA 95070 Saratoga, CA 95070. Zambetti & Associates , 14540 Big Basin Way Saratoga, CA 95070 Bloxham P. O. Box 95 Aptos, CA 95001 Casabonne P. O. Box 247 El Verano, CA 95433-0247 George M. Payne 15940 Rochin Terr Los Gatos,- CA 95032-4823 ,. Bernard A Wallace 1999 Windward Pt Discovery Bay, CA 94514- 9512 Zazoo 14510 Big-Basin Way .Saratoga, CA 95070 '; L M & Louella Sullivan 20570 Canyon View Drive Saratoga, CA 95070 Elizabeth P. Klear 20387 Thelma Avenue :Saratoga, CA 95070-4946 ;, N D .Matheny 720 Market Street 250 San lirancisco, CA 94102-2500 Thelma D Melton :4710 Santa Lucia Drive. ;Woodland Hills, CA 91364-4218 ,ees Partnership Bank of Amer N T & S A William & Julie Caxlson .4493 Big Basin Way ~' P. O. Box 192202 " 621 Del Roy Court ;aratoga, CA 95070 'San Francisco, CA 94119-2202 ' :Campbell, CA 95008-1834 '; ~arl and ET Holm . Goodwin Court Zedwood City, CA 94061-2446 ]Vanda & Robert Pollack 500 Big Basin Way C ~atoga, CA 95070-6076 Helen & Joseph Brozda 235 Linden Street ' Santa Cruz, CA 95062-1019 Ruth M Long P. O. Box 2095 Saratoga, CA 95070-0095 .Mitch & Tracy G~.itler 14480 Oak Place Saratoga, CA 95070-5929 - Freda & William Wyant 13991 Saratoga Avenue Saratoga, CA 95070-5457 :harles & Elizbeth Stauss Cali Investments Jose W San . ;0 Chestnut Avenue 14510 Big Basin Way 374 W Santa Clara Street ,os Gatos, CA 95030-5804 Saratoga, CA 95070-6090 San lose, CA 95113-1502 ^, Impression antibourrage et a sechage rapide Utilisez le gabarit 5160® Saratoga Barbers 14440 Big Basin -Way Saratoga, CA 95070 ~ vvww.averycom 1-800-GO-AVERY Sent Sovi 14583 Big Basin Way Saratoga, CA 95070 Saratoga-Wine Merchants; Inc. Shanthi Madrieddi 14500 -Big Basin Way A 14567 Big Basin Way :~aratoga, CA 95070 Saratoga, CA 95070 ;_ Saratoga Pool Service 14510 Big Basin Way Saratoga, CA 95070 Saratoga Nails 14511 Big Basin Way Saratoga, CA 95070 Saratoga BP 14395 Big.Basin Way Saratoga, CA 95070 Stephen M. Howard, emologist x.4419 Big Basin Way ,::. aaratoga, CA 95070 Stoneham Design 14567 Big Basin Way Saratoga, CA 95070 Saratoga Travel, Inc. 14479 Big Basin Way Saratoga, CA 95070 Tanner Asset Management Group The UPS Store #1291 14417 Big Basin Way :1451.0 Big Basin Way Saratoga, CA 95070 Saratoga, CA 95070 Viaggio ~; 14550 Big Basin Way Saratoga, CA 95070 ,~- Q /~~RY® 5160 ~, Saratoga Cafe 14445_ Big Basin Way Saratoga, CA 95070 Venz Fine Photography 14567 Big Basin Way #3'A Saratoga, CA 95070 Saratoga Plaza Bakery 14440 Big Basin Way Saratoga, CA 95070 Stephen D: Hall, CPA 14457 Big Basin Way Saratoga; CA 95070 Southwest Electric 14510 Big Basin Way - Saratoga, CA 95070 Santa Clara .Construction 14428 Big Basin Way • Saratoga, CA 95070 The Trattoria Restaurant 14500 Big Basin Way #A Saratoga, CA 95070 U. S. A. Nails 14479 Big Basin- Way . Saratoga, CA 95070 Vienna Woods Delicatessen 14567 Big Basin Way Saratoga, CA 95070 Warren Lampshire Village Shoe Repair Village Rendezvous 14457 Big Basin Way 14440 Big Basin Way 14420 Big Basin Way Saratoga, CA 95070 Saratoga, CA 95070 Saratoga, CA 95070 • Impression antibourrage et a sechage rapide ~ www.averycom - Q A~/ER~® 5160® -Utilisez le gabarit 5160® ~~ 1-800-GO-AVERY . Smith's- Extravaganza -Prime Cuts *~ Premier Real Esate Fin. Service 14443 Big Basin Way 14529 Big Basin Way #C 14583._ Big Basin Way #2B Saratoga, CA 95070 Saratoga, CA 95.070 Saratoga, CA 95070 _ Per-Am Ventures Inc. Parkmark Preston Wynne 14560 Big Basin Way 14654 Big Basin Way ~,~~ .14567 Big Basin Way Saratoga, CA 95070 Saratoga, CA 95070 :Saratoga, CA 95070 ,~: ?at Richard Insurance Agency The Plume orse 14540 Big Basin Way 14555 Big Basin Way ,. Saratoga, CA 95070 Saratoga, CA 95070 LZose Deli & Market Remax Team Advantage RTM Enterprises, Inc. 14445 Big Basin Way 14471 Big Basin Way 14612. Big Basin Way Saratoga, CA 95070 ,Saratoga, CA 95070 Saratoga, CA 95070 ,, zi/Reve 17 Bi Basin Way g Saratoga, CA 95070 :eve un Salon 14415 Big Basin Way Saratoga, CA 95070 Surfaceink Corporation Stewart Works, Inc. 14415 Big Basin Way 14573 Big Basin Way Saratoga, CA 95070 Saratoga, CA 95070 Saratoga Dry Cleaners, Inc. Shoe Topia :Skin Prophecy 14495 Big Basin Way 14440 Big Basin Way '~ 14531 Big Basin Way Saratoga, CA 95070 Saratoga, CA 95070 Saratoga, CA 95070 .~ Saratoga Oaks Lodge Yaratoga Kitchen & Bath Design Saratoga Chamber of Commerce 14626 Big Basin Way 482 Big Basin Way ~ 14485 Big Basin Way Saratoga, CA 95070 ~ato a, CA 95070_ g Saratoga, CA 95070 Studio 67 Saratoga Buy & Save Market Sandra Kamiak, M. D. (4440 Big Basin Way 14440 Big Basin Way 14567 Big Basing gay :aratnaa C'A 95070 Saratoga, CA 95070 Saratoga, CA 95 Robert S. Pollack 14500 Big-Basin Way Saratoga, CA 95070 Rapunzel 14510 Big Basin Way Saratoga, CA 95070. Y impression antibourrage et ~ sechage rapide Iltilisez le gabarit 5160® ,; 1-~akone Foundation Gift .Shop 21000. Big Basin Way Saratoga, CA 95070 ~ www.averycom ~' 1-800-GO-AVERY ~~ James Craig Stanley/ Options 14567 Big Basin Way Saratoga, CA 95070 KCR Communications 14407 Big Basin Way ~'aratoga, CA 95070 knitting Arts 14554 Big Basin Way Saratoga, CA 95070 Kirk & Co. Hair Design 14443 A Big Basin Way Saratoga, CA 95070 Kristy's of Saratoga 14531 Big Basin Way Saratoga, CA 95070 La Fondue La Mere Michelle 14510 Big Basin Way 14467 Big Basin Way Saratoga, CA 95070 Saratoga, CA 95070 Little Amsterdam 14490 Big Basin Way Saratoga, CA 95070 Louise M. Smith, M. S. 14567 Big Basin-Way #B Saratoga, CA 95070 ~'Avenir Salon 20601 Third Street Saratoga, CA 95070 Mechanical Technology Services 14660 Big Basin Way A Saratoga, CA 95070 Michael Steinberg Photography 14572 Big Basin Way Saratoga, CA 95070 Martin B. Fenster, Attorney, 14625 Big Basin Way Saratoga, CA 95070 Madam Shaunas 14510 Big Basin Way Saratoga, CA 95070 0 AVERY® s~eo® . John Greene Insurance Age 14500 Big Basin Way Saratoga, CA 95070 International- Coffee Exchange 14471 Big .Basin Way Saratoga, CA 95070 Kurt Heisig Music 14428 -Big Basin Way Saratoga, CA 95070 Law Offices /Thomas W. Davies 14625 Big Basin Way Saratoga, CA 95070 Lupretta's Delicatessen 14480 Big Basin Way Saratoga, CA 95070 M. E. Benson's Antiques 20603 Third Street , .Saratoga, CA 95070 Masu Japanese Bistro 14510 Big Basin Way Saratoga, CA 95070 Pacific Art & Design 14577 Big Basin Way Saratoga, CA 95070 • ~elio & Associates. Inc. The Perfect Trainer Paperfunalia 14573 Big Basin Way 14584 Fifth Street 14486 Big Basin Way cam,-~*~~a rA 9570 Saratoga, CA 95070 Saratoga, CA 95070 Impression antibourrage et a sechage rapide Utilisez le gabarit 5160® ~ www.averycom ~ 1-800-GO-AVERY ~ /~~RY® 5160® } i, ~monds by Filice Dancing Yogi M Deja & Company 4510 Big Basin Way 14598 Big Basin Way 14567. Big Basin Way Saratoga,. CA 95070 Saratoga, CA 95070 Saratoga, CA 95070 )eborah Buonfiglo The Design Atelier ~,' Divine Wear 4567 Big Basin Way 14510 Big Basin Way ~ ~ 14419 Big Basin Way Saratoga, CA 95070: Saratoga, CA 95070 Saratoga, CA 95070 )aisy Beauty Studio The Echo Shop ~ .Exclamation Point , 4435 Big Basin Way 14477 Big Basin Way 14510 Big Basin Way. Saratoga, CA 95070 Saratoga, CA 95070 ~ Saratoga; CA 95070 ~•loral Fantasia. Saratoga 4440 Big Basin Way :aratoga, CA 95070 F1oBe11 14519 Big Basin Way Saratoga, CA 95070 The Florentine Rest. Group 1451.0_ Big Basin Way Saratoga, CA 95070 . e Front Window 10 Big Basin Way Saratoga, CA 95070 'he Fat Robin/La Mesa 4429 Big Basin Way Saratoga, CA 95070 Fringe Culture 14577 Big -Basin Way #B Saratoga, CA 95070 Gedanken 14500 Big Basin Way Saratoga, CA 95070, The French Tailor 14577 Big Basin Way Saratoga, CA 95070 Gervais Restaurant. Francais 14560 Big Basin Way Saratoga, CA 95070 :olden Mirror Gallery Saratoga Co/op, Inc. Hair Studio 4415 Big Basin Way ~ 14435 Big Basin Way ` 14451 Big Basin Way Saratoga, A 95070 ,Saratoga, CA 95070. Saratoga, CA 95070 Iarmonie Skin & Body Care ~ ~ Hedge Trackers, LLC ~ .The Hair Conception/Du Pont 4501 Big Basin Way # A 14407 Big Basin Way ~ 14451 Big Basin Way Saratoga, CA 95070 Saratoga, CA 95070 Saratoga, CA 95070 Till Design Home Choice Pharmacy, Inc. Hillview Cleaners 577 Big Basin Way 14440 Big Basin Way 14440 Big Basin Way toga, CA 95070. Saratoga, CA 95070 Saratoga, CA 95070 gong's Gourmet -Home & Finance Assoc, Inc. Hyper.Calm X510 Big Basin Way 14583 Big Basin Way #5 14577 -Big Basiri Way aratoga, CA 95070 Saratoga, CA 95070 Saratoga, CA 95070 ~- Impression antibourrage et a sechage rapide ~~ www.averycom r1 A~~® 5160® Utilisez le gabarit 5160® ~ 1-800-GO-AVERY V Abbott Usability 14407 Big Basin Way Saratoga, CA 95070 .Assn for Investment 14567-Big Basin Way Saratoga, CA 95070 The Bank Bar 14421 Big Basin Way Saratoga, CA 95070 Blue Rock .Shoot 14523 Big Basin Way Saratoga, CA 95070 ;she Braid Box Knitting Studio .14554 Big Basin Way Saratoga, CA 95070 The Braid Box 14567 Big. Basin Way Saratoga, CA 95070 Bangkok Palace 14515 Big Basin Way Saratoga, CA 95070 "the Coffee Grounds 14567 Big Basin Way Saratoga, CA 95070 Carol's Gallery 14455 Big Basin Way Saratoga, CA 95070 Aegis Gallery of Fine Art 14531 Big Basin Way Saratoga, CA 95070 The Basin 14572 Big Basin Way Saratoga, CA 95070 Bella Saratoga 14503 Big Basin Way Saratoga, CA 95070 Big Basin, LLC 14573 Big Basin Way Saratoga, CA 95070 Advanced-HR,-Inc. 14407 Big Basin Way Saratoga, CA 95070 Bank of America 14476-Big Basin Way Saratoga, CA 95070 Benjamin's Salon 14583 Big Basin Way Saratoga, CA 95070 Big Basin Chiropractic 14471 Big Basin Way Saratoga, CA 95070 Bruce Bartlett D. D. S. Bob Ray Creative Services, Inc. 14567 Big Basin Way #C 14567 Big Basin Way • Saratoga, CA 95070_ Saratoga, CA 95070 Brenner Financial Group, Inc. Butter Paddle Gourmet Kitchen 14471 Big Basin Way 14510 Big Basin Way Saratoga, CA 95070 'Saratoga, CA 95070 Brian Berg Berg Software Design 14500 Big Basin Way F Saratoga, CA 95070 Christine's Collection 14416 Big Basin Way Saratoga, CA 95070 Coldwell Banker/NRT 14506 Big Basin Way Saratoga, CA 95070 Curve's 14456 Big Basin Way Saratoga, CA 95070 Commerica Bank -- 14401 Big Basin Way Saratoga, CA 95070 C & R Motors 14585 Big Basin Way Saratoga, CA 95070 Cathleen M. Peterson, E. A. Claudia Quella Clymer Cook 14583 Big Basin Way #4 14664 Big Basin Way 14440 Big Basin Way Saratoga, CA 95070 Saratoga, CA 95070 Saratoga, CA 95070 r: = Impression antibourrage et a sechage rapide ~IJtilisez le gabarit 5160® ~us & Yvonne Pache .4555 Big Basin Way Saratoga, CA 95070-6013 H Davies '. O. Box 2039 :aratoga, CA 95070-0039 ,aBarbera :426 Fruitdale Avenue ~an-Jose, CA 95128 'yler 3611 Saratoga Vista Ave Saratoga, CA 95070-4937 dys P Hernandez 1 Charters Avenue Saratoga, CA 95070-4407 .~ ,. ~~ v~~ww.averycom ~ 1-800-GO-AVERY ;~ Donald Hunt '' 14658 Nelson Way San Jose, CA 95124-3517 Jeff Gasik 21070 Dorsey Way Saratoga, CA _95070-5336 Joseph & Ann Fitzsimmons 14611 Big Basin Way E Saratoga, CA 95070-6073 Srinivasam 400 Hamilton Avenue Palo Alto, CA 94301 Ruth M. Long P. O. Box 2095 Saratoga, CA 95070-0095 U AVERY® 5,so® Virgil & Evelyn Herring 14995 Wonderland Blvd Redding, CA- 96003-8522 Theresa & Richard Sudholt 20610 Lomita Ave Saratoga, CA 95070-6024 Barbara & Michael Purcell 200 Via Genoa NewportBeach, CA 92663 Trafalgar Inc ,; ~ 1735 Westbrook Avenue Los Altos, CA 94024=5321.- ;. ,. • Impression antibourrage et a s~chage rapide Utilisez le gabarit 5160® KLEAR ELIZABETH P TRUSTEE or Current Owner 20387 THELMA AV ~ARATOGA, CA 95070-4946 ~~ www.averycom ~~ 1-800-GO-AVERY FITZSIMMONS JOSEPH J TRUSTEE ETAL or Current Owner 14611 BIG BASIN WY E SARATOGA, CA 95070 FITZSIIv1IvIONS MICHAEL D TRUSTEE SORENSEN DAVID L ETAL or Current Owner or Current Owner 14493 OAK ST 165 SUNIlvIERFIELD ST SARATOGA, CA 95070-6025 DANVII.,LE, CA 94506. GASIK JEFFREY F or Current Owner 21070 DORSEY V~Y SARATOGA, CA 95070-5336 JACKMAN ERNA B or Current Owner 14515 OAK ST SARATOGA, CA 95070-6025 FTTZI1~~IlvIONS JOSEPH J TRUSTEE ETAL cir Current Owner }461.1 BIG BASIN WY E SARATOGA, CA 95070 SANK L BURELL III or Current Owner 470 VANDELL WY STE A CAMPBELL, CA 95008 HELM RONNIE I: or Cuncent Owner 14516 OAK ST SARATOGA, CA 95070-6087 OUR LADY FATIMA VILLA INC or Gtiurent Owner 20400 SARATOGA20S GATOS RD ~ARATOGA, CA 95070-5927 ,~ t••- SARATOGA CITY OF or Current Owner SARATOGA, CA 95070-0000 FITZSIMMONS JOSEPH J TRUSTEE ETAL . or Current Owner 14611 BIG BASIN WY E SARATOGA, CA 95070 or Current Owner ESPINOSA GARY H & DIANAGAY J TRUSTEE or Current Owner 14510 OAK ST SARATOGA, CA 95070-6087 AVERY® 5160® ELLENIKIOTIS ANTHONY J & GEORGIA TRUSTEE or Current Owner 14451 CHESTER AV SARATOGA, CA 95070-5624 JAMES KENNEDY or Current Owner 540 SANTA CRUZ 215 LOS GATOS, CA 95030 KIM JOUNG S & YOUNG H TRUSTEE or Current Owner 7221 SILVER LODE LN SAN JOSE, CA 95120-3356 FRANK L BURELL III or Gtiurent Owner 470 VANDELL WY STE A CAMPBELL, CA 95008 HIRSCHFELD HAROLDINE M . TRUSTEE or Current Owner 14524 OAK ST SARATOGA, CA 95070-6026 ALLEN JOHN N & MARY or Current Owner 14500 OAK ST SARATOGA, CA 95070-6087 SARATOGA LODGE NO FOUR TWO SARATOGA CITY OF EIGHT IOOF TRUS '• or Gtiurent Owner or Current Owner . SARATOGA, CA 95070-0000 P O BOX 54 SARATOGA, CA 95071-0054 ATLAS PROPERTIES LLC or Cun~ent Owner 48 ATLAS AV SAN JOSE, CA 95126-3101 DOMINICAN SISTERS OF THE CONGREGATION CONS or Current Owner 20400 SARATOGA-LOS GATOS RD SARATOGA, CA 95070-0000 • OUR LADY FA'~'IIvIA VILLA or Current Owner- or Current Owner 20400 SARATOGA-LOS GATOS RD . SARATOGA, CA 95070-5927 or Current Owner • or Current Owner or Current Owner or Current Owner Impression antibourrage et a sechage rapide ^~ www.averycom r1 A~/E~® 5160® Utilisez le gabarit 5160® ~~ 1-800-GO-AVERY -J STON DAVID S ent Owner 20616 BROOKWOOD LN SARATOGA, CA.95070-5831 TOSCO MARKETING CO DC17 nr Current Owner i?.O. BOX 52085 ?HOENIX, AZ 85072 INN AT SARATOGA INC: ~r G~rrent Owner - 20645 4TH ST SARATOGA, CA 95070-5867 CASABONNE YVES G & ANNETTE E TRUSTEE . ~r Current Owner P O BOX 247- EL VERANO, CA 95433-0247 ~LOXHAM FAMILY LP Current Owner 0 BIG BASIN WY TOGA, CA 95070-0000 BLOXHAM FAMILY LP ~r Current Owner 14610 BIG BASIN WY SARATOGA, CA 95070-0000 LEES PARTNERSHIP ~r Current Owner. (4493 BiG BASIN WY 3ARATOGA., CA 95070-6093 .,, ji Current Owner r[JNNINGHAM DENNIS M ~r Current Owner :4407 BIG BASIN WY TOGA, CA 95070-6080 CANCELLIERI ROBERT & SHIRLEY TRUSTEE or Current Owner 14860 CODY LN SARATOGA, CA 95070-6018 SARATOGA CITY OF or Cun ent Owner 4TH ST SARATOGA, CA 95070-0000 PAYNE GEORGE M TRUSTEE or Current Owner 15940 ROCHIN TR LOS GATOS, CA 95032-0000 CRAWFORD OTTO M & BETTS R TRUSTEE or Current Owner 12471_GREENMEADOW LN ' SARATOGA, CA 95070-3032 SULLTVAN L M & LOUELLA M TRUSTEE ETAL or Current Owner 20570 CANYON VIEW DR SARATOGA, CA 95070-5876 . WALLACE BERNARD A or Current Owner P O BOX 1060 DISCOVERY BAY, CA 94514 MASEK JOSEPH C & MICHELLE or Current Owner 14467 BIG BASIN WY. SARA'I'OGA, CA 95070-6093 or Current Owner ADDRESSNOT AVAILABLE-5 KK CAROLYN HOL~vi or Current Owner 1 GOODWIN CT REDWOOD CITY, CA 94061 CANCELLIERI ROBERT & SHIRLEY TRUSTEE or Current Owner 14860 CODY LN SARATOGA, CA 95070-6018 or Current Owner ADDRESS NOT AVAILABLE-5 ~~ PAYNE GEORGE M TRUSTEE or Current Owner 15940 ROCHIN TR LOS GATOS; CA 95032-0000 ACCOUNTS PAYABLE or Current Owner PO BOX 6000 NEWPORT BEACH, CA 92658-6000 BLOXHAM FAMII,Y LP or Current Owner i4610BIG BASIN WY SARATOGA, CA 95070-0000 MELTON THELMA D TRUSTEE ETAL or Current Owner 4710 SANTA LUCIA DR WOODLAND HII IS, CA 91364 ROSENFELD JAMES I & ARLENE H TRUSTEE or Current Owner ' 14219 OKANOGAN DR SARATOGA, CA 95070-5549 CUNNINGHAM SUSAN K or Current Owner P O BOX 2230 CUPERTINO, CA 95015-2230 STARK CHARLES D & KATHIE L or Current Owner P.O. BOX DRAWER 219 APTOS, CA 95001 ARTHUR ANDERSEN LLP FRANK L BURELL III FRANK L BURELL III .r Current Owner or Current Owner or Current Owner 'O BOX 192202 470 VANDELL WY STE A 470 VANDELL WY STE A .AN FRANCISCO, CA 94519-2202 CAMPBELL, CA 95008 CAMPBELL, CA 95008 Impression antibourrage et a sechage rapide '~ vwuw.averycom Q Af~~® 5160® Utilisez le gabarit 5160® ~ 1-800-GO=AVERY SOWOLLA KRIS A & CAROL A TRUSTEE or Current Owner 219 JACKSON ST LOS GATOS, CA 95030-0000 CALIFORNIA STATE OF or Current Owner SARATOGA, CA 95070-0000 SARATOGA CITY OF or Current Owner SARATOGA-LOS GATOS RD SARATOGA, CA 95070-0000 SARATOGA FEDERATED CHURCH INC or Current Owner .- 14370 SARATOGA AV SARATOGA, CA 95070-5953 SARATOGA FEDERATED CHURCH or Current Owner 14370 SARATOGA AV SARATOGA, CA 95070-5953 COX FLORA M TRUSTEE ET~i. or Current Owner 20465 SARATOGA-LOS GATOS RD SARATOGA, CA 95070-5909 SARATOGA FIRE PROTECTION DIST or Current Owner . ~ ~ • SARATOGA-LOS GATOS RD SARATOGA, CA 95070-0000 SARATOGA FIRE DIST or Current Owner SARATOGA-LOS GATOS RD •, SARATOGA, CA 95070-0000 SARATOGA FEDERATED CHURCH or Cun ent Owner 20390 PARK PL SARATOGA, CA 95070 ,~ OSTROWSKI JOHN L & M. CL7~IltE ETAL or Current Owner 12750 IONE CT '; SARATOGA, CA 95070-3804 SARATOGA CITY OF 3D PROPERTIES ~3r Current Owner or Current Owner ARBELECHE LN P O BOX 234 SARATOGA, CA 95070-0000 SARATOGA, OR 95071-0234 GUNN SONJA A ETAL or Current Owner PO BOX 2095 SARATOGA, CA 95070 ENGINEERING INFORMATION SYSTEMS INC or Current Owner P~:O.-BOX 25 SARATOGA, CA 95071-0025 OUNCAN GORDON A & HELEN J 4r Current Owner 20531 BROOKWOOD LN SARATOGA, CA 95070-5868 G & G MCCANDLESS PROPS LLC or Current Owner 545 MIDDLEFIELD RD 130 MENLO PARK, CA 95025 or Current Owner LAVELLE THOMAS R & GAYLE S or Current Owner 20571 BROOKWOOD LN. SARATOGA, CA 95070-5868 EiIGGINS WILLIAM L & VIRGINIA B TRUSTEE ~r Current Owner ?0550 BROOKWOOD LN ;ARATOGA_ CA 95070-5800 JACOBS HUGH A & GLORIA M TRUSTEE or Current Owner 20510 BROOKWOOD LN SARATOGA, CA 95070-5800 SARATOGA FIRE PROTECTION DIST or Current Owner SARATOGA-LOS GATOS RD SARATOGA, CA 95070-0000 SARATOGA CITY OF or Current Owner SARATOGA, CA 95070-0000 CALIFORNIA STATE OF or Current Owner SARATOGA-LOS GATOS RD SARATOGA, CA 95070-0000 SARATOGA FIRE PROTECTION DIST or Current Owner SARATOGA-LOS GATOS RD SARATOGA, CA 95070-0000 UNITED STATES POSTAL SERVICE or Current Owner 14376 SARATOGA AV SARATOGA, CA-95070-5953 JAVA GHOLA-MIZEZA & EZAT or Current Owner 20440 ARBELECHE LN SARATOGA, CA 95070-5439 SCVWD or Current Owner SARATOGA AV SARATOGA, CA 95070-0000 SEAGRAVES MARGARET TRUSTEE or Current Owner 13371 SARATOGA AV SARATOGA, CA 95070-4535 HIGGINS WILLIAM L & VIlGINIA B TRUSTEE or Current Owner 20550 BROOKWOOD LN SARATOGA, CA 95070-5 800 • BROCKETT PATRICK J or Current Owner 20620 BROOKWOOD LN SARATOGA, CA 95070-5 831 a. ,~ AFFIDAVIT OF MAILING NOTICES STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARA ) J f J ~~ I, L Q 1~t. ~~~ L~~V~/ ,being duly sworn, deposes and says: that I am a citizen of the United States, over the age of 18 years; that acting for the City of Saratoga Planning Commission on the ~~ day of 2006, -that I • deposited in the United States Post Office within Santa Clara County, a NOTICE OF HEARING, a copy of which is attached hereto, with postage thereon prepaid, addressed . to the following persons at the addresses shown, to-wit:. (See list attached hereto and made part hereof) that said persons are the owners of said property who are entitled to a Notice of Hearing i pursuant to Section 15-45.060(b) of the Zoning Ordinance of the City. of Saratoga in that said persons and their addresses are those shown on the most recent equalized roll of the Assessor of the County of Santa Clara as being owners of property within 500 feet of the property to be affected by the application; that on said day there was regular communication by United States Mail to the addresses shown above. Signed L_J City of Saratoga Communty Development Department T3777 Fruitvale Avenue Saratoga, CA 95070 408-868-1222 NOTICE OF PUBLIC HEARING The City of Saratoga's Planning Commission announces a public hearing on the item described below on: Wednesday, the 22°d day of February 2006, at 7:00 p.m The public hearing will be held at the Civic Theater at 13777 Fruitvale Avenue, Saratoga, CA 95070. Details are available at the Saratoga Community Development Department, Monday through Friday 7:30 a.m. - 5:00 p.m. The public hearing item is: • APPLICATION #06-216 (517-09-043, 517-09-018, 517-09-044) SUBWAY (tenant)/ATOGA LLC (property owner), 14410. Big Basin Way; The applicant requests a Conditional Use Permit to establish a sandwich shop in an existing approximately 960 square foot vacant tenant space in-the newly remodeled Corinthian Corners commercial complex. The sandwich shop will face Saratoga-Los Gatos Rd. i and will be situated in a tenant space between Starbucks Coffee and a proposed retail bicycle shop. All interested persons may appear-and be heard at the above time and place. )f you challenge a decision of the Planning Commission pursuant to a Public Hearing in court, you maybe limited to raising only those issues you or someone else raised at the Public Hearing. In order for information to be included in the Planning Commission's information packets, written communications should be filed on or before Tuesday, February 14, 2006. This notice has been sent to all owners of property within 500 feet of the project that is the subject of this notice. The City uses the official roll produced by the County Assessor's office annually, in preparing its notice mailing lists. In some cases, out-of-date information or difficulties with the U.S. Postal Service may result in notices not being delivered to all residents potentially affected by a project. ff you believe that your neighbors would be interested in the project described in this notice, we encourage you to pmvide them with a copy of this notice. -This will ensure that everyone in your Community has as much information as possible concerning this project. Lata Vasudevan, AICP Associate Planner 408-868-1235 • ,. Attachment 3 • ~1 ~1 ~ • U Letter of Justification -- Subway Sandwich Sho ~ ~ ~ ~ ~ ~ ' 14410 Big Basin Way, Saratoga JqN 0 3.2006 CITY OF SARATOGA :.,,~,T,. nr-v~-. . 1. The Operation • Franchise operation, with more worldwide locations than any other food service, providing sandwiches, salads, beverages, soups, chips and cookies • Hours of operation: gam - 9:30pm, 7 days a week • Primarily a noontime lunch business, peaking from 11:30am -1:30pm • Known as a healthy, fresh sandwich shop... and riot for it's volume sales • Number of employees: 2 - 3 C Community Benefits • Provides healthy food and convenience to neighbors and merchants in the area • Well-known and quick service sandwich brand ~ Owner believes in contributing to commutity, such that'there's a mutually . beneficial relationship. We are willing to support the Fire Department, Police Department, Little League, City Hall and schools in the spirit of recognizing/enabling those who make our community run. ~, • Jobs for residents Negligible Traffic Impact • Peak business time is 11:30am -1:30pm • Rush-hour time analysis lam -gam Not open 4pm - 6pm Low customer count • No impact to Wish hour traffic Other issues to consider • Owner is proven successful, has won numerous success awards for Baskin Robbins and Subway franchise operations. These include the Subway President's award and multiple Baskin Robins annual recognition awards for excellence. • Owner has history of positive CUP experiences with city of Los Gatos • Store adds economic value to the existing area, e.g. higher revenues, more taxes, and more jobs compared to the presem situation • .Subway restaurant chain honored at Governor Schwarzenegger's September 15 summit on health, nutrition and obesity, for it's healthy eating commitment • 40 years of successful franchise history means that this is a long term operation with staying power, which delivers satisfaction to both customer and owner • V ,i J' J • :7 r~ ~~ Attachment 4 • i r~ U • ' City of. Saratoga . Neighbor Notification Form' J ~. Date: ~2~~°l°~ JAN 0 3 2006 PROJECT ADDRESS:_ f ~~~ ~ Bi 4 Ba~+n !i1 a~/~ ,P~ CITY OF SARATOGA Applicant Name: ~l i ~ti G~A SQUeY' .. ~~~iT„ ~~«~~ ,. Application Number. Sta,,~`'and the Planning Commission prefer that neighbors take this opportr~ity to express - any concerns or issues they may have directly to the applicant. Please ensure the signature on this document is representative of all residents residing on your property. Regardless of the opinion expressed below, you reserve the right to amend your opinion at a later date during the actual public review and appeal periods. ~Iy signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I do NOT have any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed project ~My signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I have issues or concerns, which after discussion with the applicant, have not been addressed. My concerns are the following (please attach additional sheets if necessary): Neighbor Name: b _X~~ i d~ l~n~'n~ DBE ~ reek-a~-~ o~-~ ~~~-e ~ ~~ Neighbor Address: gic 0.Sw~ ~, 5t~u~~~~ f A~ ~ ~~.~ Neighbor Phone #: l~ J~0`~'S~ 0 2-(O9' Signature: ~ Printed: ~~~~~~o~.~~ ^.. ~, t, 7f1 _______.~ T~_..a._...a • ~ a. City of Saratoga { Neighbor Notification Form' Date• ~i~~o ~° ~ PROJECT ADDRESS: I'`T~l ~- a Applicant Name: ~ i G ~ 1 ~5~ U~~r ~ ~~~ ~,w ~` Application Number. U -JAN 0 3 2006 CITY OF SARATOGA ~' .I IAIIT~~ 11'~ 1~:: - ._ Sta,,~`'and the Planning Commission prefer that neighbors take this opportunity to express any concerns or issues they may have directly to the applicant. Please ensure the signature on this document is representative of all residents residing on your property. , Regardless of the opinion expressed below,.you reserve the right to amend your opinion at a 1 ter date during the actual public review and appeal periods. My signature below certifies the following: I have reviewed the pmject plans; I understand the scope of work; and I do NOT. have any concerns or issues.. which need to be address by the applicant prior to the City"s public hearing. on the proposed pmject OMy signature below certifies the following: I have reviewed the project pla>gs; I understand the scope of work; and I have issues or concerns, which after discussion with the applicant, have not been addressed. My concerns are the following (please attach additional sheets if necessary): Neighbor Name: b~ ~ ~- ~ ~- ~1~ ~ ~'~ Neighbor Address: ' ~~ ~~ ~ ~~ Neighbor Phone #: ~~~~ ~~Pg ' ~Z~ y Signature: ~ Printed: cwa( ti.f~ -bUt r~ • ~~ U i ' ~ City of Saratoga Neighbor Notification Form ~J ffS J ~~~~~ IN lS II. Date: ~~- 9/os" V PROJECT ADDRESS: /'~ ~~~ ~iq B~hi/9 Way ~ JAN- 0 3 2006 CITY OF SARATOGA M. G G/Q~jQ~~I ~ /U~~A`1 ,.renT~~nrvc~ ^ . Applicant Name: Application Number. Sta,,~`'and the Planning Commission prefer that neighbors take this opportunity to express any concerns or issues they may have directly to the applicant. Please ensure the signature on this document is representative of all residents residing on your properly. Regardless of the opinion expressed below, you reserve the right to amend your opinion at a later date during the actual public review and appeal periods. ~My signature below certifies the following: I have reviewed the project plans; I - understand the scope of work; and I do NOT have. any concerns or issues. which need to be address by the applicant prior to the City's public hearing on the proposed project. ^My signature below certifies the following. I have reviewed the project plans; I understand the scope of work; and I have issues or concerns, which after discussion with the applicant, have not been addressed. My concerns are the following (please attach additional sheets if necessary): // { J Nei or Name• V ~ ~ ~ ~j4' /" >~ Neighbor Address: y~f~ / l3 ~ , s/n Gva-S/ Neighbor Phone #: ~o~' X67-~/s~- Signature: Printed: ~~/ !yJ SL[ ! ~/I4-v City of Saratoga {, Neighbor Notification Form' Date: I-~ is d,~ . PROJECT ADDRESS: /~~~~ ~~~ ~Ctil/~ ~~ Applicant Name: M ~ G Sa Li er ~1~0~~ Application Number. J L~~~O Hl JAN 0 3 2006 CITY OF SARATUGA ,. h~Pr.~ hr}~r! Sta, f j`'and the Planning Commission prefer that neighbors take this opportsdtity to express any concerns or issues they may have directly to the applicant. Please ensure the signature on this document is representative of all residents residing on your property. Regardless of the opinion expressed below, you reserve the right to amend your opinion at a later date during the actual public review and appeal periods. signature below certifies the following: I have reviewed -the project plans; I understan a scope of work; and I do NOT have any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed project. • ~My signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I have issues or concerns, which after discussion with the applicant, have not been addressed. My concerns are-the following (please 'attach additional sheets if necessary): Neighbor Name• ~-~Arb~ Neighbor Address: ~rc~~~-~) Cc, ~3~~1 v Neighbor Phone #: ~~ ~ 7~~ _ ~~ ~T Signature: ~ Panted: ~r~cL K. • ~~(~~~rCT- / ao aaaS ff7 ~____!__. T__~_i__.__a a, M • • • i~ ORDINANCE 240 AN ORDINANCE AMENDING THE SARATOGA CITY CODE CONCERNING PARKING REQUIREMENTS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declares as follows: a. The City of Sazatoga's Village business district has long been recognized as an area that has a mix of businesses that included cross section of retail, service, restaurant, and personal- service industries that contribute to our residents' quality of life. b. The City's Village Design Guidelines and Village Improvement Project both contain numerous goals to create a vibrant downtown where the mix o~ retail and service based businesses exist. ' c. A nationwide economic recession has reduced the demand for many retail goods resulting in retail business failures and increasing retail space vacancies in the Village. ' d. There is surplus parking capacity in the Village and this capacity can be used to aftract new uses to the Village to promote a more diverse economic climate. e. The General Plan designates the downtown Village area as CR -Retail Commercial. General Plan Land Use Policy LU 7.1 states, "The City shall consider the economic impacts of all land use decisions on the City." Accordingly, relaxing the parking requirements would provide greater flexibility in attracting tenants and/or promote greater investment in individual properties which would be consistent with Policy LU 7.1 and the City's goals to revitalize the Village. f. The Circulation and Scenic Highway Element of the General Plan states under Goal CI.7.Oa, "Provide adequate pazking for non-residential uses to minimize intrusion into adjacent neighborhoods.' CL7.1, states, "Review on-street parking policies and utilization in the Village area" as a policy. The proposed amendment ~is consistent with the Circulation Element of the General Plan in that the proposed amendment relies on a review of current utilization of parking in the Village. g. The City Council has adopted a resolution pursuant to the California Environmental Quality Act (CEQA) adopting a Negative Declaration and finding no evidence that the amendments contained in this ordinance may have a significant adverse effect on the environment. • Section 2. Adoption. The Sazatoga City Code is hereby amended by adding the text shown in bold- italics (example) and deleting the text shown in strikeout (eple) in the sections listed below: 15-35.020 General requirements and regulations for off=street parking spaces. (a) Except as specified in subparagraph (k) of this Section 15-35.030, at the time of initial occupancy of a site or structure or at the time of an alteration or enlargement of a site or structure, there shall be provided off-streetpazking spaces for automobiles in accord with the 'schedule of off street parking space requirements prescribed iri Section 15-35.030. For the purposes of this Section, the term "alteration or enlargement" shall mean a change of use or, an addition which would increase the number of parking spaces required above the total number required prior to such change or addition. The number ofpazking spaces provided for an alteration or enlargement of a site or structure shall be in addition to the number existing prior to the alteration or enlargement, unless the pre-existing number is greater than the number prescribed in Section 15-35.030, in which instance, the number in excess of the prescribed minimum shall be counted in calculating the number provided to serve the alteration or enlazgement. (b) If, in the application of the requirements of this Article, a fractional number is obtained, one pazking space shall be provided for afraction ofone-half or more, and no pazking space shall be required for a fraction of less than one-half. (c) If more than one use is located on a site, the number of parking spaces provided shall be equal to the sum of the requirements prescribed in this Article for each~use. (d) The off-street parking requirements of this Article may be satisfied by a common parking facility; provided, that the total number of spaces shalt be not less than -the sum of the individual requirements, and provided further, that a contract between the parties setting forth the agreement for joint use of a common parking facility is recorded in the office of the County Recorder and a certified copy there is filed with the City. (e) Where pazking requirements are determined by gross floor area, such area shall not include enclosed or covered areas used for off-street pazking or loading or interior courts of a building not occupied'by a use for which off-street parking is required, but such gross floor area shall include any exterior balcony used as the sole means of access to a business establishment and any basement,. or portion thereof, occupied by a use for which off-street pazking is required. (f)The Planning Commission may require that off-street parking. spaces in excess of the number prescribed in Section 15-35.030 be provided for use on a site, if the Commission finds that such additional spaces aze necessary to avoid traffic congestion or shortage of curb • • spaces. (g) For a use not specifically listed in section 15-35.030, the number of off-street parking spaces shall be determined by the Planning Commission or th Community Development Director, based-upon the number of spaces required for the most similar specified use and such information as may be available to the Planning Commission or the ~ c~er Community Development Director concerning the parking requirements of the proposed use. 2 ~~ . (h) In all districts except a C-H district, the off-street parking spaces prescribed in Section 15-35.030 shall be located on the same site as the use for which the spaces aze required, flr on an adjacent site or a site separated only by an alley from the use for which the spaces are required. In a C-H district, the off-street parking spaces prescribed in Section 15-35.030 may be located within three hundred feet of the use for which the spaces are required, measured by the shortest route of available pedestrian access. (i) With respect to any site or structure located within a C-N, C-V, C-H, P-A, R-M or MU-. PD district, not more than twenty-five percent of the number of reduired off-street pazking spaces may consist of compact parking spaces. If, in the application of this subsection,: a fractional number is obtained, one compact parking space may be provided for a fraction of more than one-half and one standard parking. space shall be provided for a fraction of one- . half or less. (j) No repair work or servicing of vehicles shall be conducted in any parking azea. (k) Notwithstanding any other provision of this Code,. for applications deemed complete between Marcli 1, 2006 and February 28, 2009, no off street parking shall be required of .any new, altered, or enlarged-site or structure in any CHDistrict until such time as a total of 41,850 square feet ofgross floor area beyond that existing on March 1, 2006 ("surplus floor area') has been constructed or otherwise allocated as set forth below in the CH Districts. This provision. shall be administered as follows: (i) Surplus floor area shall beallocated on afirst--come-first served basis, based on the date that the application submittal is deemed complete by the Community Development Department; . (ii) The amount to be deducted from the surplus floor area for a new or enlarged site or structure shall be the increased gross floor area calculated using the methodology for determining gross floor area in ~'ection 1 S-3S.020(e); (iii) The amount to be deducted from the surplus f loor area for a change in use in or alteration to an existing site or structure that does not increase the gross floor area of that sue or structure shall be determined based on the gross floor area subject to the change in use reduced by 450 square feet for each parking space allocated to the prior use This shall be calculated as follows: The total square footage subject to the change in use or alteration ("changed use area') shall be the gross floor area of that portion of the sue or structure determined in accordance with Section 1 ~-35.020(e). The existing parking credit shall be calculated by determining the number of parking spaces allocated to the prior use of the area proposed for a change in use or alteration and multiplying that number by 450 square feed The amount to be deducted from the surplus floor area shall be the changed use area minus the existing parking credit For example, for a proposed change in use of a 2000 square foot structure with four parking spaces allocated to the prior use, the changed use area would be 2000 square feet and the parking credit would be 1800 square feet (4 parking spaces multiplied by 450 square feet); this means that the amount of surplus floor area allocated to the change in use would be 200 square feet (the 2000 square foot changed use area minus the 1800 square foot parking credit). Notwithstanding the foregoing, no deduction from the surplus floor area shall be made or 3 ~~ required for any change in use in or alteration to an existing site or structure within a City parking district that does not increase the gross floor area of that site or structures (iv) Allocation of surplus floor area to an application shall be removed at such time as the application is denied or withdrawn and, for applications that are approvers upon the. expiration of that approval If an application is modified by the applicant or the approval in a manner that changes the gross floor area associated with the application, the . allocation shall be adjusted accordingly; (v) The Community Development Department shall. monitor and maintain an account showing the amount of surplus floor area that has been allocated pursuant to this section and the amount that remains to be allocated; and (vi) Any proposed new, altered, or enlarged site or structure in any CHDistrict that ' would add moregross floor area than the remaining surplus floor area shall comply with the off street parking requirements set forth in Section 15-35.020(a) and elsewhere in this Code as to the excess floor area unless the applicant applies far and pays the costs of a parking study to be completed by Ciry Traffic Engineer and that study is approved by the Planning Commission and determines that excess parking capacity is available in the CH Districts and recommends that the amount of surplus floor area be increased at least by an amount that would accommodate the proposed new, altered, or enlarged site or structures Section 3. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declazes its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 4. Publication. This ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. [The Remainder of This Page is Intentionally,Blank] • 4 -The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 4th day of January, 2006, and was adopted by the following vote following a second reading on the 18th of January 2006: AYES: Councilmembers Kathleen King, Nick Streit, Ann Waltonsmith, Vice Mayor Aileen Kao, Mayor Norman Kline NOES: None ABSENT: None ~' f ABSTAIN: None =%'~' ~ ' fI ~~ ~~~ .~ Norman me MAYOR, CITY OF SARATOGA, CALIFORNIA APPROVED AS TO FORM: ~~^ ~--~ Richard Taylor CITY ATTORNEY • • i~ a~ • • n • .J f u~ ,IAN 0 2 BIG B A 5 1 N WAY CITY OF S RAT '• •~ 1\IITV {JRI ,.. ~ ..I--, _ _ ~ _ ~ _ Q , :~ 1 ~ ~EEa~ ~ rn ~~~~ A ~~, ~ ~ r z A~~ a~ ~ o '~ A I<a~ ~~ ' ~ ~ ~ v yr r € >, ~~ - ~~ .. ~ ~ F 1 6 ws. ~ .. _ D Z } 1 .~I I . _ 1 r ' f L_ ~ O S ; ~ 7 u~ ' D ~ g c ~ w.; .1 1 I ~ D i ~_ _ -- ~~ -- ~----~-'- ------T-- - - --- -- -- -Q - N D I I 1 ~ ~ •~~' O 1 -_ y 1 1 -a 7 y > O - ): d - ~ - 'i - i 3E Pn P L ~a z ~ ~ ~~~~ a 1. ~~s ~ - ~ __ i~ ~~ ~~ ~zE~ 1 SC w ~ _~ 1 H ~mrn ~~ ~ >`'. 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