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HomeMy WebLinkAbout102-Ordinance.pdf 1 ORDINANCE __________ An 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. 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. strikeout). Text in standard font remains unchanged. Sections within an Article that are not included in Attachment A 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 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. 2 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 6th, 2009: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: _________________________________ _____________________________ Chuck Page, Ann Sullivan, MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF SARATOGA APPROVED AS TO FORM: __________________________________ Richard Taylor, CITY ATTORNEY 3 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 provided for an alteration or enlargement of a site or structure shall be in addition to the number existing prior to the alteration or enlargement, unless the pre-existing number is greater than the number prescribed in Section 15-35.030, in which instance, the number in excess of the prescribed minimum shall be counted in calculating the number provided to serve the alteration or enlargement. (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 4 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 or enlarged site or structure shall be the increased gross floor area calculated using the methodology 5 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 in or 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 gross floor area subject to the change in use reduced by four hundred fifty square feet for each parking space allocated to the prior use. This shall be calculated as follows: The total square footage subject to the change in use or alteration (“changed use area”) shall be the gross floor area of that portion of the site or structure determined in accordance with subsection (e) of this Section. The existing parking credit shall be calculated by determining t The number of parking spaces allocated to the prior use of the area proposed for a change in use or alteration and 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 SFfor a proposed change in use of a two thousand square foot structure with four parking spaces allocated to the prior use, the changed use area would be two thousand square feet and the parking credit would be one thousand eight hundred square feet (four parking spaces multiplied by four hundred fifty square feet); this means that the amount of surplus floor area allocated to the change in use would be two hundred square feet (the two thousand square foot changed use area minus the one thousand eight hundred square foot parking credit). (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 6 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. Appeal Procedures Technical Amendment 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 receipt of the notice of appeal and payment of the filing fee, or upon an appeal being initiated by members of the City Council, the City Clerk shall schedule the matter for hearing at the next available regular meeting of the City Council to be held within thirty days after the date on which the notice of appeal is filed. The City Clerk shall give notice of the date, time and place of the hearing to the appellant, and to the applicant if other than the appellant, not less than ten days prior to the hearing, unless such notice is waived by the party entitled to receive the same. If a public hearing is conducted on the appeal, notice shall be given in accordance with Section 65091 of the Government Code, except that such notice shall be mailed or delivered to all persons shown on the latest available assessment roll as owning any real property within five hundred feet of the real property that is the subject of the hearing. (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. P:\SARATOGA\RESOLUTI\Village Parking\Parking Ordinance for 05-06-09 Meeting.doc