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HomeMy WebLinkAbout102-Planning Commission Resolution.pdfRESOLUTION NO. Application No. ZOA 09-0001 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Recommending Amendments to the Off-Street Parking and Loading Facilities Zoning Regulations and Appeal Procedures in the Saratoga City Code Whereas the City of Saratoga City Council has requested the Planning Commission to consider amendments to the City of Saratoga zoning ordinance that would (1) extend the waiver of off-street parking requirements in the CH1 and CH2 Zoning Districts (“Parking Waiver Extension”), (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; and WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, an Initial Study and a Notice of Intent to adopt a Negative Declaration for the Parking Waiver Extension were available for public review from February 4, 2009 through March 5, 2009 and no comments were received; and WHEREAS, the Planning Commission has reviewed the Initial Study and Negative Declaration and has determined that this application for a zoning text amendment could not have a significant effect of the environment; and WHEREAS, the Planning Commission has determined that the proposed Zoning Text Amendment is consistent with the goals and policies of the City of Saratoga General Plan in that: General Plan Land Use Element Goal LU 2 states “Encourage the economic viability of Saratoga’s existing commercial and office areas and their accessibility by residents, taking into account the impact on surrounding residential areas.” The proposed amendment is consistent with Goal LU 2. It is anticipated that relaxing the parking requirements would provide greater flexibility in attracting tenants and/or promote greater investment in individual properties. General Plan Circulation and Scenic Highway Element Goal CI.7.0a states “Provide adequate parking for non-residential uses to minimize intrusion into adjacent neighborhoods”. The proposed amendment is consistent with Goal CI.7.0a in that the proposed amendment relies on a review of current utilization of parking in the Village. General Plan Circulation and Scenic Highway Element Policy CI.7.1 states “Review on- street parking policies and utilization in the Village area”. The proposed amendment is consistent with Policy CI.7.1 and the City’s goals to revitalize the Village. NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: A. With respect to the Parking Waiver Extension and the requirements of the California Environmental Quality Act and based on the information in the staff report for this matter the Planning Commission hereby finds and determines that: 1. Notice of the hearing on the Initial Study and Negative Declaration [ND] was given as required by law and the actions were conducted pursuant to CEQA and the CEQA Guidelines; and 2. All Interested Parties desiring to comment on the ND were given the opportunity to submit oral and written comments on the adequacy of the ND prior to this action by the Planning Commission; and 3. No comments were made during the public comment period and all comments made at the public hearings on the ND were responded to adequately; and 4. The Planning Commission was presented with and has reviewed all of the information in the administrative record; and 5. The ND has been completed in compliance with the intent and requirements of CEQA and the CEQA Guidelines, and the ND represents the Planning Commission’s independent judgment. The Planning Commission has considered the information contained in the ND and the record in considering the Zoning Text Amendment; and 6. Based on the entire record of this matter, there is no evidence that the Zoning Text Amendment may have a significant effect on the environment; and 7. The documents constituting the record of proceedings upon which this decision is based are located in the City of Saratoga Department of Community Development and are maintained by the Director of that Department; and 8. There is no evidence before the Planning Department that the proposed project will have any potential for adverse effects on wildlife resources, as defined in Section 711.2 of the Department of Fish and Game Code; and 9. The Planning Commission accordingly recommends that the Saratoga City Council adopt the Negative Declaration. B. With respect to the zoning text amendments and the Parking Waiver Extension and the requirements of the California Environmental Quality Act and based on the information in the staff report for this matter the Planning Commission hereby finds and determines that the clarifying amendments and appeals procedure amendments are exempt under CEQA Guidelines Section 15061(b)(3) (where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA). C. With respect to the proposed Zoning Text Amendment, after careful consideration of all testimony and related information the Planning Commission of the City of Saratoga does hereby recommend that the City Council of the City of Saratoga approve the proposed amendments to Chapter 15 Zoning Regulations of the City Code, in the attached document titled “Proposed Amendments to City of Saratoga Off-Street Parking and Loading Facilities Ordinance and Appeals Procedure”. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, March 11, 2009 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________________ Chair, Planning Commission ATTEST: ___________________________________________ Secretary to the Planning Commission