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SARATOGA CITY COUNCIL MEETING DATE: April 20, 2011 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY:Christopher Riordan, AICP DIRECTOR: Christopher
Riordan, AICP SUBJECT: Consideration of a Conditional Use Permit Fee Refund for the Proposed Downtown Farmers Market RECOMMENDED ACTION: Consider if the Downtown Farmers Market would
be eligible for a refund of their Conditional Use Permit application fees. REPORT SUMMARY: Background At the April 6, 2011 City Council meeting, members of the Saratoga Chamber of Commerce
spoke during Oral Communications and requested that the City Council consider waiving the Conditional Use Permit (CUP) application fee for a proposed Downtown Farmers Market. The City
Council directed staff to return to Council with a staff report to determine if the existing CUP reimbursement incentive program that is currently available for specific types of businesses
could be used to refund the application fees for the Downtown Farmers Market. Conditional Use Permit Reimbursement Incentive Program This CUP reimbursement incentive program was originally
approved by City Council on April 1, 2009 and was active for an 18 month period. The program allocated fee refunds totaling $25,000 from the Councils discretionary fund for the first
five businesses that received CUP approval. These businesses, specifically six types of restaurants and retail stores, were eligible for a refund of their CUP application fees after
the CUP was approved. During the 18 month period a total of four CUP application fees were refunded to four new businesses in the Village. On September 1, 2010, the City Council extended
the program to June 30, 2011 and expanded the program to include a total of six businesses eligible for a refund of CUP application fees. The CUP reimbursement incentive program authorizes
the City Manager to reimburse the CUP fees for the type of businesses mentioned in the preceding paragraph. The CUP reimbursement incentive program also includes a sixth type of business
with an “undesignated” classification. The purpose of this category was to allow for the possibility of a business to come to the City of Saratoga that would be consistent with the City
Council’s efforts to vitalize the commercial areas even if that business did not fit into one of the specific designated categories. A request for a CUP permit refund by a business in
this “undesignated” category would have to be first approved by the City Council. The Downtown Farmers Market could be considered to consistent with this “undesignated” category.
Remaining Balance of the CUP Reimbursement Incentive Program Of the $25,000 originally allocated to reimburse CUP application fees, a total of $13,600 have been refunded to four eligible
businesses which included: Saint Stan’s Brewery, 14454 Big Basin Way (not yet open) Yolatea, 14482 Big Basin Way Big Basin Vineyards, 14598 Big Basin Way Belltower Bistro, 20490 Saratoga-Los
Gatos Rd A total of $11,400 is remaining in the CUP reimbursement incentive program. The program will expire on June 30, 2011. FISCAL IMPACTS: The balance of the CUP Reimbursement Incentive
Program would be reduced by $4,400 leaving a remaining balance of $7,000. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Downtown Farmers Market would not be refunded by the City
for their CUP application fees. ALTERNATIVE ACTION: None FOLLOW UP ACTION: None ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly
posted as a City Council agenda item and was included in the packet made available on the City’s website in advance of the meeting. A copy of the agenda packet is also made available
at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENT: 1. Conditional Use Permit Reimbursement Incentive Program Remaining Balance Table