HomeMy WebLinkAboutOrdinance 269An Ordinance amending the Saratoga Municipal Code to amend and clarify existing
provisions of the City Code regarding off street parking and loading facilities and appeals
Findings
1. The City of Saratoga wishes to update the rules and standards applicable to appeals and off
street parking and loading facilities in the City of Saratoga.
2. The Planning Commission of the City of Saratoga considered a range of amendments to the
City Code and following a public hearing on March 11, 2009 recommended adoption of this
ordinance.
Therefore, the City Council hereby ordains as follows:
Section 1. Adoption.
Section 2. Severance Clause.
ORDINANCE NO. 269
Articles 15 -35 and 15 -90 of the Saratoga City Code are hereby amended as set forth in
Attachment A. Text to be added is indicated in underlined font (i.e. underlined) and text to be
deleted is indicated in strikeout font (i.e. stEikeout). Text in standard font remains unchanged.
Sections within an Article that are not included in Attachment A are unchanged from the existing
Code.
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 declares its express intent that the
remaining portions of this ordinance should remain in effect after the invalid portion has been
eliminated.
Section 3. California Environmental Quality Act.
The City Council has adopted a resolution approving a Negative Declaration regarding the
proposed amendments to the City Code concerning parking. The ordinance amendments relating
to City Council appeal procedures are Categorically Exempt from the Environmental Quality Act
(CEQA) pursuant to Section 15061(3) because it is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Here it can be seen with certainty that there is no possibility the procedural
amendments may have a significant effect on the environment and therefore the activity is not
subject to CEQA.
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Section 4. Publication.
This ordinance or a comprehensive summary thereof shall be published in a newspaper of
general circulation of the City of Saratoga within fifteen days after its adoption.
The foregoing ordinance was introduced and read at the regular meeting of the City Council of
the City of Saratoga held on the 15th day of April, 2009, and was adopted by the following vote
following a second reading on May 6 2009:
AYES: Councilmember Susie Nagpal, Howard Miller, Jill Hunter, Vice Mayor
Kathleen King, Mayor Chuck Page
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
A ULLIVAN, CITY CLERK CHUCK PAGE, MA
CITY OF SARATOGA
APPROVED AS TO FORM:
RICHARD TAYLOR, CITY ATTORNEY
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ATTEST:
CITY OF SARATOGA
R;
ATTACHMENT A
PROPOSED AMENDMENTS TO CITY OF SARATOGA
OFF STREET PARKING AND LOADING FACILITIES ORDINANCE
AND APPEALS PROCEDURE
Zoning Ordinance Update ZOA 09 -0001
Proposed amendments to the referenced sections of the City Code are shown below. Text to be
added is underlined (example) and text to be deleted is shown in strikeout (example). Text in
standard font is not changed.
Village Parking Ordinance Extension and Technical Amendments
15- 35.010 Purposes of Article.
In order to alleviate or prevent traffic congestion and shortage of curb spaces, off street parking
and loading facilities shall be provided as required by this Article. The number of parking spaces
and the number of loading berths prescribed in this Article, or to be prescribed by the Planning
Commission, shall be in proportion to the need for such facilities created by the particular type of
use. Off street parking and loading areas shall be laid out in a manner to ensure their usefulness,
protect the public safety and, where appropriate, insulate surrounding land uses from their
impact.
15- 35.020 General requirements and regulations for off street parking spaces.
(a) Off Street Parking Requirements: 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 street
parking spaces for automobiles in accord with the schedule of off street parking space
requirements for the type and extent of use at the site or structure as prescribed in 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 of parking spaces
ment of a site or structure shall be in addition to the numbcr
cxisting prior to the alteration or cnlargcmcnt, unless thc prc existing number is greater than the
number prescribed in Scction 15 35.030, in which instance, the number in excess of the
prescribed minimum shall be counted in calculating thc number provided to serve the alteration
or cnlargcmcnt.
(b) Fractional Numbers: Except as otherwise specifically provided, if If, in the application of
the requirements of this Article, a fractional number is obtained, one parking space shall be
provided for a fraction of one -half or more, and no parking space shall be required for a fraction
of less than one -half.
(c) Multiple Uses: If more than one use is located on a site or structure, the number of parking
spaces provided shall be equal to the sum of the requirements prescribed in this Article for each
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use.
(d) Common Parking Facilities: The off street parking requirements of this Article may be
satisfied by a common parking facility; provided, that the total number of spaces shall 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) Floor Area Calculations: Where parking requirements are determined by floor area, such
area shall not include enclosed or covered areas used for off street parking or loading or interior
courts of a building not occupied by a use for which off street parking is required, but such 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
parking is required.
(f) Additional Requirements: 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 or
structure, if the Commission finds that such additional spaces are necessary to avoid traffic
congestion or shortage of curb spaces.
(g) Other Uses: 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 the 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 Community
Development Director concerning the parking requirements of the proposed use.
(h) Location of Parking: 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
are required, or 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 to be used for pedestrian access.
(i) Compact Parking Spaces: 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 required
off street parking 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 Vehicle Repair: No repair work or servicing of vehicles shall be conducted in any
parking area.
(k) Surplus Parking in C -H District: Notwithstanding any other provision of this Code, for
applications deemed complete between March 1, 2006 and February 28, 200912, no off street
parking shall be required of any new, altered, or enlarged site or structure in any C -H district
until such time as a total of forty -one thousand eight hundred fifty square feet of gross floor area
beyond that existing on March 1, 2006 "surplus floor area has been constructed or otherwise
allocated as set forth below in the C -H districts. This provision shall be administered as follows:
(1) Allocation Procedure: Surplus floor area shall be allocated on a first -come, first served
basis, based on the date that the application submittal is deemed complete by the Community
Development Department;
(2) New Site or Structure: The amount to be deducted from the surplus floor area for a new Of
enlarged site or structure shall be the increased gross floor area calculated using the methodology
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for determining gross floor area in subsection (e) of this Section;
(3) Alteration that Increases Floor Area: The amount to be deducted from the surplus floor
area for an alteration to an existing site or structure that increases the gross floor area of that site
or structure shall be the difference between the new gross floor area and the existing gross floor
area determined in accordance with subsection (e) of this Section.
(34) Change in Use that Does Not Increase Floor Area: The amount to be deducted from the
surplus floor area for a change in use i er alteration to an existing site or structure that does not
increase the gross floor area of that site or structure shall be determined as follows: The number
of parking spaces required for the change in use, as determined by the off street parking space
requirements prescribed in Section 15- 35.030, shall be multiplied by four hundred fifty square
feet (450 SF) to determine the "changed use area based on the mess floor area subject to the
change in use reduced by four hundred fifty square feet for each parking
prior use. This shall be calculated as follows: The total square footage subject to the change in
credit shall be calculated by determining t The number of parking spaces allocated to the prior
use of the ar a proposed for a Chang- shall be multiplied ying that
number by four hundred fifty square feet (450 SF) to determine the existing parking credit. The
amount to be deducted from the surplus floor area shall be the changed use area minus the
existing parking credit. For example: if a change in use requires 4 parking spaces, then the
changed use area is equal to 1,800 SF. If the previous use required 1 parking space, then existing
parking credit is 450 SF. The surplus floor area to be deducted would be 1,350 SF used
(5) Exception for Parking Districts: Notwithstanding the foregoing subsection (4), above, no
deduction from the surplus floor area shall be made or 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 structure.
(64) Removal of Allocation: 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 approved,
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;
(75) Allocation Monitoring: 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
(86) Projects in Excess of Available Allocation: Any proposed new, altered, or enlarged site or
structure in any C -H district that would add more gross floor area than the remaining surplus
floor area shall comply with the off street parking requirements set forth in subsection (a) of this
Section and elsewhere in this Code as to the excess floor area unless the applicant applies for and
pays the costs of a parking study to be completed by the City Traffic Engineer and that study is
approved by the Planning Commission and determines that excess parking capacity is available
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in the C -H 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 structure.
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15- 90.070 Review by City Council.
(a) Schedule of hearing; notice. Appeals to the City Council shall be scheduled, noticed, and
otherwise proceed in accordance with Section 2- 05.030 except as specifically provided otherwise
in this Code. Upon rcccipt of the notice of appeal and payment of the filing fee, or upon-an
cil, the City Clerk shall schedule thc matter
g is conducted on the appeal, noticc shall he giver in
1 property that is the subject of thc h aring.
(b) Conduct of hearing by City Council. The City Council shall conduct a de novo review on
the appeal, but no public hearing shall be required unless the decision by the Planning
Commission was made in connection with a proceeding which required a public hearing;
provided, however, that nothing herein shall prevent the City Council, in its discretion, from
receiving testimony or other evidence from any person pertaining to the subject matter of the
appeal.
(c) Decision by City Council. The City Council may affirm, reverse or modify the decision
of the Planning Commission, and may refer the matter back to the Planning Commission for such
further action as may be directed by the Council. Where an appeal has been filed pertaining to
only a portion of a decision by the Planning Commission, the City Council shall have authority
to review the entire matter and may affirm, reverse or modify all or any other portion of the
decision notwithstanding the fact that no appeal has been taken therefrom.
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