HomeMy WebLinkAbout101-Staff Report.pdf SARATOGA CITY COUNCIL
MEETING DATE: April 15, 2009 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Cynthia McCormick, Assistant Planner DIRECTOR: John Livingstone
SUBJECT: Consider approval of a negative declaration and introduction of ordinance to
(1) extend the waiver of off-street parking requirements in the CH1 and CH2
Zoning Districts, (2) make various clarifying amendments to the Off-Street
Parking and Loading Facilities Zoning Regulations, and (3) amend Article
15-90 to conform provisions concerning appeals of Planning Commission
decisions with recent amendments to Section 2-05.030 concerning appeals to
the City Council.
RECOMMENDED ACTION:
Staff recommends the City Council open the public hearing, accept public testimony, close the
public hearing, approve the negative declaration, introduce and waive the first reading of the
parking waiver extension and other code amendments, and direct staff to schedule this the
ordinance for adoption on the consent calendar at the next regularly scheduled City Council
meeting.
BACKGROUND:
A nationwide economic recession has reduced the demand for many retail goods resulting in retail
space vacancies in the Village. There is surplus parking capacity in the Village and this capacity
can be used to attract new uses to the Village.
In 2005, the City held two Study Sessions to consider changes to the downtown Village parking
requirements that might stimulate revitalization in the Village. The Study Sessions were attended
by Village property owners, business owners, and others interested in the Village. The participants
of the study sessions recommended a suspension of the Village parking requirements for a period
of 3 to 5 years. In January 2006 the City Council approved an ordinance temporarily relaxing
parking requirements in the CH-1 and CH-2 zoning districts until February 28, 2009 or until the
surplus floor area (i.e., excess parking capacity) had been allocated.
In November 2007 and May 2008, comprehensive parking surveys were completed in the Village.
The surveys showed that the Village’s parking demand ranges anywhere from 40 percent to close
to 100 percent depending on the location of the parking spaces. The following table shows the
businesses that have utilized the parking waiver. Currently, approximately 24,206 square feet of
surplus floor area remains.
Date Business
Square Feet
Deducted
Square Feet
Remaining
07/26/06 Planet Juice 960 40,890
09/13/06 Saratoga Cleaners 2,270 38,620
10/17/06 S. Cloud Barn Basement 1,561 37,059
12/13/06 Blue Rock Shoot Expansion 1,616 35,443
Ristorante Da Mario 175 35,268
07/18/07 Tollgate Mixed UseBldg. 3,628 31,640
09/26/07 Sam Cloud Addition 3,798 27,842
01/28/08 The Daily Method - Exercise Studio 1,134 26,708
10/22/08 The Inn at Saratoga 2,052 24,656
12/10/08 Tea's the Season 450 24,206
On January 7, 2009, the City Council directed staff to prepare amendments to the City Code to
extend the time period for waiving off-street parking requirements in the C-H districts for three
years or until the surplus floor area has been utilized, whichever comes first. On March 11, 2009
after reviewing the proposed negative declaration the Planning Commission recommended that
the City Council approve the attached Code amendments.
DISCUSSION:
The proposed ordinance is attached. The proposed amendments would:
· Extend the existing off-street parking waiver in the C-H Zoning Districts from February 28,
2009 to February 28, 2012.
· Replace the existing example for deducting surplus floor area with a more thorough example.
· Clarify language used to calculate the parking requirements for uses that increase gross floor
area and for uses that do not increase floor area.
· Make minor grammatical changes to clarify ambiguous language without changing the intent.
· Add subsection titles for ease of reference.
· Amend Article 15-90 to conform appeals of Planning Commission decisions with last year’s
amendments to Section 2-05.030 concerning appeals to the City Council.
ENVIRONMENTAL DETERMINATION:
An initial study and a Negative Declaration were prepared for the parking waiver extension and
zoning amendments pursuant to the California Environmental Quality Act (CEQA) section 15070
(Decision to Prepare a Negative or Mitigated Negative Declaration). A notice regarding the
intent to adopt a negative declaration was published in the Saratoga News on February 4, 2009.
The comment period for the Negative Declaration took place between February 4, 2009 and
March 5th, 2009. No comments have been received regarding the Initial Study or Negative
Declaration, as of the writing of this staff report. On March 11, 2009, the Planning Commission
determined that the Parking Waiver Extension and Zoning Text Amendments could not have a
significant effect of the environment and recommended that the City Council adopt the Negative
Declaration. The revisions to the appeal procedure are procedural only and do not require CEQA
review.
FISCAL IMPACTS:
There are no negative fiscal impacts. The parking waiver extension may stimulate business activity
in the Village thereby increasing sales tax revenue to the City.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The existing surplus floor area allocation for off-street parking requirements in the Village will
expire, which may decrease incentives for new businesses to locate in Saratoga. Furthermore,
ambiguous language in the code will remain difficult to interpret and the Planning Commission
appeals procedures will be inconsistent with City Code Section 2-05.030.
ALTERNATIVE ACTION:
Provide staff with alternative direction.
FOLLOW UP ACTION:
Schedule the ordinance for a second reading.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice of this meeting was properly posted and published in the Saratoga News on March 31,
2009.
ATTACHMENTS:
A. Planning Commission Resolution
B. Proposed Ordinance
C. Proposed Resolution Adopting Negative Declaration
D. Initial Study
E. Negative Declaration