HomeMy WebLinkAboutOrdinance 270An Ordinance amending Article 15 -55 of the Saratoga Municipal Code related to
regulations affecting Conditional Use Permits. and making conforming amendments to
Article 15 -06 of the Saratoga Municipal Code
Findings
Section 1. Adoption.
ORDINANCE NO. 270
1. The City of Saratoga wishes to expedite the process for consideration of certain applications
for conditional use permits in the City of Saratoga while maintaining the standards for
determining the circumstances and conditions pursuant to which such permits may be issued.
2. The Planning Commission of the City of Saratoga considered proposed amendments to the
City Code and following a duly noticed public hearing on May 27, 2009 recommended
adoption of this ordinance.
3. The City Council of the City of Saratoga held a duly noticed public hearing on July 1, 2009
and after considering all testimony and written materials provided in connection with that
hearing introduced and adopted this ordinance.
Therefore, the City Council hereby ordains as follows:
Articles 15 -55 and 15 -06 of the Saratoga City Code are hereby amended as set forth in
Attachment 1. Text to be added is indicated in underlined font (i.e. underlined) and text to be
deleted is indicated in strikeout font (i.e. strikeout). Text in standard font remains unchanged.
Sections within an Article that are not included in Attachment 1 are unchanged from the
existing Code.
Section 2. 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 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 ordinance is 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
1
only to projects which have the potential for causing a significant effect on the
environment. Here because the amendments are procedural only and do not change the
standards applicable to issuance of use permits 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.
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 first reading waived at the regular meeting
of the City Council of the City of Saratoga held on the 1st day of July, 2009, and was
adopted by the following vote following a second reading on July 15 2009:
COUNCIL MEMBERS:
AYES: Susie Nagpal, Howard Miller, Jill Hunter, Vice Mayor Kathleen King,
Mayor Chuck Page
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: ATTEST:
uck age,
MAYOR OF THE CITY 0
SARATOGA
APPROVED AS TO FORM:
Richard Taylor, CITY ATTORNEY
van,
TOGA CLERK OF THE CITY OF
2
PROPOSED AMENDMENTS TO CITY OF SARATOGA
CONDITIONAL USE PERMIT
ORDINANCE AND APPLICABLE PROCEDURES
Zoning Ordinance Update ZOA 09 -0003
Text to be added is indicated in bold double underlined italic font
(e.g., bold double- underlined italic) and text to be deleted is
indicated in strikeout font (e.g., strikeout). Text in standard font
remains unchanged.
ARTICLE 15 -55: CONDITIONAL USE PERMITS
15 -55.10 Purposes of Article.
In order to give The purpose of this Article is to provide that the district use regulations of this
Chapter have the flexibility necessary to achieve the objectives of the Zoning Ordinance this
Chapter. Therefore, conditional uses are permitted subject to the granting of a conditional use
permit. Because of their unusual characteristics, conditional uses require special consideration
so that they may be located properly with respect to the objectives of the Zoning Ordinance and
with respect to their effects on surrounding properties. In order to achieve these purposes, the
Planning Commission and Director are is empowered to approve (includin in 'In l
approve) or grant and to deny certain applications for conditional use permits in accordance
with this Article subject to
review by the City Council on appeal.
15 -55.20 No right to permit.
A conditional use permit is not a matter of right, and the Planning Commission may deny a use
permit shall he denied or be subject to ire conditions upon the granting thereo if the
5 0 ?nn th 'rwi m de it finds that the proposed
rn
n
r
r
15- 55.030 Variation from standards for conditional uses.
A conditional use n r h' 'i on ion' 'n in 'n ric maybe
permitted by a conditional use permit to have different site area, density, structure height,
distances between structures, site coverage, front, side and rear setback area minimums and off
street parking and loading requirements, other than as established listed under the specific
regulations in the zoning district in which it lies.
15- 55.040 Application for use permits; fee.
(a) Application for a conditional use permit shall be filed with the Planning Director on such
form, as the Director he -shall prescribe. The application shall include the following exhibits:
3
(1) An accurate scale drawing of the site and the surrounding area for a distance of at
least five hundred feet from each boundary of the site showing the locations of streets and
property lines and the names and last known addresses of the recorded legal owners of all
properties shown on the drawing.
(2) An accurate scale drawing of the site, showing the contours at intervals of not more
than five feet and existing and proposed locations of streets, property lines, uses,
structures, driveways, pathways, off street parking and off street loading facilities and
landscaped areas.
(3) A description of the building or structure to be utilized, including an accurate scale
drawing of the floor plan; and including, in the case of an existing structure, a delineation
of any necessary alterations or additions required to meet City, County, and State and
Federal regulations.
(4) A preliminary title report or other evidence showing the applicant to be the owner of
the property, or evidence that the applicant is the duly authorized agent of the owner.
(b) The application shall be accompanied by the payment of a processing fee or deposit, in such
amount as established from time to time by resolution of the City Council
15- 55.050 Investigation and report
The Planning Dircctor Community Development Department shall make an investigation of the
application and shall prepare a report thereon, which shall be
Commission considered in d 't m'nina wh her a•pr• or sy h •n' 'ona 'rm't.
15- 55.060 Public h ng by Planning Commission; notice review and hearing.
Except or h s n f 'n i n 65 The Planning Commission shall consider
a pp l ications fo co use permits and shall conduct a public hearing at such time as
the Director shall determine on the each application prior to making a decision for use permit.
Notice of the public hearing shall be given not less than ten days nor more than thirty days prior
to the date of the hearing by mailing, postage prepaid, a notice of the time and place of the
hearing to the applicant and to all persons whose names appear on the latest available assessment
roll of the County as owning property within five hundred feet of the boundaries of the site to be
occupied by the conditional use. Notice of the public hearing shall also be published once in a
newspaper having general circulation in the City not less later -than ten days prior to the date of
the hearing.
15- 55.065 Director review and hearing.
m
o h
t
wn
Director in accordance with this Article:
rm
4
wir #th r
nn n
sh m of
Dir
1 ndi in �ll
I n
mm r
In 'la irr n -en ra r A -1 R R r omm i
district pursuant to Section 1 5 80.030 (k) Ps"
(b) Prior to makings n
men
air i a na 'r h
h
close o public hearin
and to any
r
h
h
rma
K
Th
mm'r 1
ro
de r
n on in
n n
h r v''w
r
1
m,l r h .r
n -n
r
n
circulation in the City
a
r or
us' no e. ee n
h
nr
If
f
n'r h
ndi aina
roe 'ri w h'n
n
property, and to others as deemed by the Director to be interested or affected a Notice o
Int'n fe ii 'n' rro l ls'd A int'r' te' it e' !'r v "n
0 0 1
1
in which
calen da ys from the date o no
comm to the Director, and make w r i tte n r equest for a public hearing o r notic of a
hearing i in h' l 'r rr hi ma 1 in wr 'n d' n n th
re' t'd ter th
r sh
quest
i a
lm
5
or
h
tit
c
no
v
h' h'or'n
w
c
h
rm a
r
ran
1 f
the public hearing.
(s) Ifj public hearing i reauested the Di shall conduct a publ he aring or refer the
h' ann'n m
of the Director to r efe r a m atter to the Pla
h 'v
I
Commission is not subject to an
ten da nor more than thirty da ys prior to the date o t he aring by mailing, postage prepaid.
anoticeofthetimeand ldaaceo h h• 'r! i 'n l r' h h
n
in 're' "n 'n
r n h
n- h
do
a n h Dir
n t
-fr nth
1
1
h
frr
h
er h v
a
v'de wr
n
n
n
h
h
n
15- 55.070 Findings for issuance of use- permit.
The Planning Commission or Director may grant a conditional use permit as applied for or in
modified form if, on the basis of the application and the evidence submitted, the Commission ar
Director, as applicable, makes all of the following findings
(a) That the proposed location of the conditional use is in accord with the objectives of the
Zoning Ordinance and the purposes of the district in which the site is located.
(b) That the proposed location of the conditional use and the conditions under which it would be
operated or maintained will not be detrimental to the public health, safety or welfare, or
materially injurious to properties or improvements in the vicinity.
(c) That the proposed conditional use will comply with each of the applicable provisions of this
Chapter.
d That th rI osed conditional use will not adversely affect existing or antici, ated uses in
h' 'mm n h' irh no !'v 'r el ur un!'n r or
occupants thereof.
15- 55.080 Issuance and Terms of Permit.
(a) The Planning Commission or Director as plicable may approve either grant or deny the
application for use permit. If approved or granted, the conditional use permit may be revocable,
may be granted for a limited period of time, and may be granted subject to such conditions as
(b) The conditional use permit shall become effective upon the expiration of fifteen days
following the date on which the conditional use permit was approved grantedunless an appeal
has been di& taken to tho City Council
1
15- 55.090 Expiration of conditional use permit; extensions.
(a) A conditional use permit granted pursuant to this Article shall expire thirty -six months from
the date on which approval or conditional approval of such use permit became effective, unless
prior to such expiration date the use is commenced, a building permit is issued and construction
is commenced and prosecuted diligently toward completion on the site or structure constituting
the subject of the use permit, or a certificate of occupancy is issued for such site or structure.
(b) A conditional use permit may be extended for a period or periods of time not exceeding
twelve months, for a total maximum use permit life of forty -eight months. The application for
extension shall be filed prior to the expiration date, and shall be accompanied by the payment of
a fee or deposit in such amount as established from time to time by resolution of the City
Council. A public hearing shall be conducted on the application for extension and notice thereof
shall be given in the same manner as prescribed in Section 15- 55.060 or I5- 55.065 of this
Article, as applicable. Extension of a conditional use permit is not a matter of right and the
approving authority may deny the application or grant the same subject to conditions.
15- 55.100 Continuing jurisdictions of Planning Commission and Director.
The Planning Commission 4,_ as to u ses i ed in Section 15-55.065. the Dire to
cr shall, in
all cases, retain continuing jurisdiction over each conditional use permit and may at any time,
either on its own initiative independently or in response to an application or request to do so,
modify or delete any conditions of a conditional use permit or impose any new conditions if the
Commission or Director determines that such action is necessary in order to preserve a
substantial right of the applicant, or to preserve the public health, safety or welfare, or to prevent
the creation or continuance of a public nuisance, or where such action is necessary to preserve or
restore any of the findings set forth in Section 15- 55.070 of this Article. The procedure for
making a modification or deletion shall be the same as prescribed in Section 15- 55.060 a
Section I5 -55 065 of this Article, as applicable.
6
15- 55.110 Revocation of conditional use permit.
A conditional use permit may be revoked b y th e Pl Com mission upon a determination by
the Planning Commission that the holder of such use the permit has failed to comply with any
condition thereof or has violated any applicable provision of this Chapter. The procedure for
making a A public h aring on the revocation shall be conducted by tho Planni
and notice thereof shall be given in the same manner as prescribed in Section 15- 55.060 or
Section 15- 55.065 of this Article, as applicable.
15- 55.120 New application following denial or revocation.
Following the denial of a conditional use permit application or the revocation of a conditional
use permit, no application for a conditional use permit for the same or substantially the same
conditional use on the same or substantially the same site shall be filed within one year from the
date of denial or revocation of the conditional use permit; provided, however, this Section shall
not apply to any denial which is specifically stated to be without prejudice.
[No changes to sections 15- 55.130 and .140.]
15- 55.150 Appeals.
(a) Any determination or decision by the Director on a Commercial CUP under section 15-
o i n "n .r n ith
0. 1 o h'
section 2- 05.030 of the City Code. Any determination or decision by the Director on a
2 h' Ar' in r th
.n
r
m
nn n mm a n
c_kagter or ppeals r. m
h d' i.n r h' in i
appeal to the City Council.
Article 15 -06 Definitions
15- 06.208 Direct
"Director" means the director
n
sion .nth
e� h •ll
(b) Any determination or decision by the Planning Commission under this Article may be
appealed to the City Council in accordance with the procedures set forth in Article 15 -90 of
this Chapter for anneals from dec isio ns of t he Planning Commission.
CONFORMING AMENDMENTS
\Smw \voll data\SARATOGA\RESOLUTI\CUP Ordinance as Introduced (07- 01- 09).doc
an
the Community Development Department or the Director's
vn' h' D'r' h' .n'n�; administrator fo t he City of aratoga.
7