HomeMy WebLinkAbout11-05-2014 Item 13 - Additional Documentation for 14521_14523 Big Basin Way
Item
13
Supplemental
Attachments
Page
1
of
1
CITY
OF
SARATOGA
Memorandum
To:
Saratoga
City
Council
From:
Michael
Fossati,
Planner
Date:
November
5,
2014
Subject:
Item
13
Supplemental
Attachments
–
Appeal
of
Mixed
Use
Projects
at
14521
&
14523
Big
Basin
Way
At
the
November
3,
2014
Site
Visit
for
City
Council
Agenda
Item
13
–
Appeal
of
Mixed
Use
Projects
at
14521
&
14523
Big
Basin
Way,
members
of
the
City
Council
requested
documentation
regarding
City
Code
Section
15-‐35.020(k)
“Surplus
parking
in
C-‐H
district”.
This
memo
includes
the
following:
• Ordinance
240,
Staff
Report,
and
Excerpt
of
January
4,
2006
Minutes
• Ordinance
269,
Staff
Report,
and
Excerpt
of
April
15,
2009
Minutes
• Ordinance
288,
Staff
Report,
and
Excerpt
of
March
7,
2012
Minutes
ORDINANCE 240
AN ORDINANCE AMENDING THE SARATOGA CITY CODE
CONCERNING PARKING REQUIREMENTS
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
Section 1. Findings.
The City Council finds and declares as follows:
a. The City of Saratoga's Village business district has long been recognized as an area that has
a mix of businesses that included cross section of retail, service, restaurant, and personal
service industries that contribute to our residents' quality of life.
b. The City's Village Design Guidelines and Village Improvement Project both contain
numerous goals to create a vibrant downtown where the mix of retail and service based
businesses exist.
c. A nationwide economic recession has reduced the demand for many retail goods resulting in
retail business failures and increasing retail space vacancies in the Village.
d. There is surplus parking capacity in the Village and this capacity can be used to attract new
uses to the Village to promote a more diverse economic climate.
e. The General Plan designates the downtown Village area as CR- Retail Commercial.General
Plan Land Use Policy LU 7.1 states, "The City shall consider the economic impacts of all
land use decisions on the City." Accordingly, relaxing the parking requirements would
provide greater flexibility in attracting tenants and/or promote greater investment in
individual properties which would be consistent with Policy LU 7.1 and the City's goals to
revitalize the Village.
f. The Circulation and Scenic Highway Element of the General Plan states under Goal CI.7.0a,
Provide adequate parking for non-residential uses to minimize intrusion into adjacent
neighborhoods.' CI.7.1, states, "Review on-street parking policies and utilization in the
Village area" as a policy. The proposed amendment is consistent with the Circulation
Element of the General Plan in that the proposed amendment relies on a review of current
utilization of parking in the Village.
g. The City Council has adopted a resolution pursuant to the California Environmental Quality
Act(CEQA)adopting a Negative Declaration and finding no evidence that the amendments
contained in this ordinance may have a significant adverse effect on the environment.
1
Section 2. Adoption.
The Saratoga City Code is hereby amended by adding the text shown in bold italics
example) and deleting the text shown in strikeout (example) in the sections listed below:
15-35.020 General requirements and regulations for off-street parking spaces.
a)Except as specified in subparagraph (k)of this Section 15-35.030, 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 ofoff-street parking space requirements 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)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)If more than one use is located on a site,the number of parking spaces provided shall be
equal to the sum of the requirements prescribed in this Article for each use.
d)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) Where parking requirements are determined by gross 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 gross 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)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, if the Commission
finds that such additional spaces are necessary to avoid traffic congestion or shortage of curb
spaces.
g) 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 Planning Director
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 121anning Director Community Development Director concerning the parking
requirements of the proposed use.
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h) 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 pedestrian access.
i) 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 repair work or servicing of vehicles shall be conducted in any parking area.
k)Notwithstanding any other provision of this Code,for applications deemed complete
between March 1,2006 and February 28, 2009, no off street parking shall be required of
any new,altered,or enlarged site or structure in any CH District until such time as a total
of 41,850 square feet ofgross floor area beyond that existing on March 1,2006("surplus
floor area') has been constructed or otherwise allocated as set forth below in the CH
Districts. This provision shall be administered as follows:
i) Surplus floor area shall be allocated on a first-come-first servedbasis,based on
the date that the application submittal is deemed complete by the Community Development
Department;
ii) 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
for determining gross floor area in Section 15-35.020(e);
NO The amount to be deductedfrom 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 based on the gross floor area subject to the
change in use reduced by 450 square feetfor 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 Section 15-35.020(e). The existing parking
credit shall be calculated by determining the number ofparking spaces allocated to the
prior use of the area proposed for a change in use or alteration and multiplying that
number by 450 square feet. The amount to be deducted from the surplus floor area shall
be the changed use area minus the existing parking credit. For example,for a proposed
change in use of a 2000 square foot structure with four parking spaces allocated to the
prior use,the changed use area would be 2000 square feet and the parking credit would be
1800 square feet (4 parking spaces multiplied by 450 square feet); this means that the
amount of surplus floor area allocated to the change in use would be 200 square feet(the
2000 square foot changed use area minus the 1800 square foot parking credit).
Notwithstanding the foregoing,no deduction from the surplus floor area shall be made or
3
requiredfor 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.
iv)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;
v) The Community Development Department shall monitor and maintain an
account showing the amount ofsurplus floor area that has been allocatedpursuant to this
section and the amount that remains to be allocated;and
vi)Any proposed new,altered,or enlarged site or structure in any CH District that
would add more gross floor area than the remaining surplus floor area shall comply with
the offstreet parking requirements setforth in Section 15-35.020(a)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 City Traffic Engineer and that study is approved by the
Planning Commission and determines that excess parking capacity is available in the CH
Districts and recommends that the amount ofsurplus floor area be increased at least by an
amount that would accommodate the proposed new,altered,or enlarged site or structure.
Section 3. 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 4. Publication.
This ordinance or a comprehensive summary thereof shall be published once in a newspaper
of general circulation of the City of Saratoga within fifteen days after its adoption.
The Remainder of This Page is Intentionally Blank]
4
The foregoing ordinance was introduced and read at the regular meeting of the City Council
of the City of Saratoga held on the 4th day of January, 2006,and was adopted by the following vote
following a second reading on the 18th of January 2006:
AYES: Councilmembers Kathleen King,Nick Streit, Ann Waltonsmith,
Vice Mayor Aileen Kao, Mayor Norman Kline
NOES: None
ABSENT: None
ABSTAIN: None j
Norman line
MAYOR, CITY OF SARATOGA, CALIFORNIA
AT Ala%Fr
Cat r
CI ''
APPROVED AS TO FORM:
Richard Taylor
CITY ATTORNEY
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
2A CITY COUNCIL MINUTES — DECEMBER 7, 2005
STAFF RECOMMENDATION:
Approve minutes.
WALTONSMITH /STREIT MOVED TO APPROVE MINUTES OF
DECEMBER 7, 2005. MOTION PASSED 5 -0.
PUBLIC HEARINGS
3. ZONING TEXT AMENDMENT — TO RELAX PARKING
REQUIREMENTS IN CH -1 AND CH -2 ZONING DISTRICTS FOR A
PERIOD OF THREE YEARS
STAFF RECOMMENDATION:
Open and conduct public hearing, Approve the Resolution for the Negative
Declaration, Introduce the Zoning Text Amendment, Waive the first reading,
Schedule the item for second reading and adoption on consent calendar.
John Livingstone, Community Development Director, presented staffreport.
Director Livingstone explained that on April 20, 2005, the Council requested that
Planning Commission consider options for changes to the downtown Village
parking requirements. Director Livingstone noted that the City Council was
following the lead of other cities in the Bay Area, which have found that
modifying parking requirements can be an effective, low cost tool to help stimulate
revitalization of commercial districts such as Saratoga's Village. The Planning
Commission held two Study Sessions on August 24, 2005 and September 22, 2005
to ensure that the business owners and stakeholders in the Village had the
opportunity to provide input on this matter.
Director Livingstone stated that staff is recommending a Zoning Text Amendment
that would relax all parking requirements in the CH -1 and CH -2 zoning districts.
The parking requirements would be suspended until the sum of all new gross floor
area of development or intensification of use exceed the parking surplus of 93
spaces during peak demand periods as identified in a parking analysis conducted
by the City's Traffic Engineer.
Director Livingstone explained that staff proposes that the rate at which to
measure the consumption of the surplus parking spaces is one parking space per
350 square feet of gross floor area, regardless of use. This ratio is consistent with
the current requirements in the City's Parking District 3, which has the most
restrictive parking requirements of all four parking districts.
3
Director Livingstone noted that Staff has chosen this ratio because the parking
requirements for property located within a parking district are comparable to those
in other cities. Whereas, the requirements associated with the areas outside of the
established parking districts are more restrictive that typically found elsewhere. At
a ratio of 1 parking space per 350 square feet of potential development, a
maximum of approximately 32,550 square feet of gross floor area could be
constructed without significant impacts on parking demand.
Director Livingstone noted that staff is proposing that any subsequent
development involving the consumption of more that the 93 surplus spaces would
require a parking study.
Referring to the General Plan Land Use Policy LU 7.1, Director Livingstone stated
that if the proposed ordinance is adopted it would be consistent with the policy and
the City's goals to revitalize the Village.
Director Livingstone explained that staff has deteii lined that the proposed Zoning
Text Amendment would not have a significant effect on the environment.
Councilmember Waltonsmith stated that since its mixed use, she is worried that
more residential would be developed in the Village instead of an increase of square
footage of commercial.
Director Livingstone explained that as part of the Housing Element of the General
Plan the City adopted a Mixed Use Ordinance which affects the entire City. This
ordinance is more restrictive than the type of development you see in the Village
area in regards to residential such as:
residential units that equal 50% of the total floor area allowed for all
structures on the site for the entire building
1,200 square feet need to be rented
Councilmember Waltonsmith asked what other cities have used this model
Director Livingstone noted that staff has been following the City of Danville.
Danville used this approach from 1996 -1999 resulting in 7 new projects ranging
from 5,000- 10,000 square feet. Danville is currently is using this method for a
second time waiving the parking restrictions for another three years.
For example, Councilmember King asked that if a developer wanted to build four
1,200 square foot rental units upstairs they would have to build 9,600 square feet
of retail below. This would use up about 13,000 of approximately 32,550 square
feet of gross floor area and would use up some of the parking allocations.
Director Livingstone responded yes but, explained that if the developer decided to
build the units with garages it wouldn't effect the parking allocation.
Councilmember Streit stated that the idea for this ordinance was to promote
additional commercial square footage to the Village not residential.
Councilmember Streit asked if Council could restrict the use for residential
4
City Attorney Taylor responded that he could craft language to restrict residential
of the ordinance and limit it to just commercial.
In regards to the 350 square feet of gross floor area, Councilmember King asked if
Council decided to increase that to 450 square feet, would the change have to go
back to the Planning Commission.
City Attorney Taylor responded that there would be no need for it to return to
Council.
Mayor Kline opened the public hearing and invited public comment.
Gene Zambetti noted that he was a commercial property owner and business
owner. Mr. Zambetti stated that a lot of work has been done in the Village by the
merchants and property owners. Mr. Zambetti stated that increasing the use in the
Village with commercial, retail or office has been hard because of the parking
restrictions. Mr. Zambetti stated that the Village merchants and property owners
support the ordinance.
Seeing no other comments, Mayor Kline closed the public hearing.
A discussion took place in regards to increasing the gross floor area from 350 -450.
RESOLUTION NO. 06 -103
STREIT /KING MOVED TO ADOPT RESOLUTION FOR THE NEGATIVE
DECLARATION, INTRODUCE THE ZONING TEXT AMENDMENT;
CHANGE THE GROSS FLOOR AREA FROM 350 SQUARE FEET TO 450
SQUARE FEET; WAIVE THE FIRST READING, SCHEDULE THE ITEM
FOR SECOND READING AND ADOPTION ON CONSENT CALENDAR.
MOTION PASSED 5 -0.
In regards to the City Council's decision on changing the gross floor area, City
Attorney Taylor noted that all references to the maximum of opportunity of 32,550
square feet would change to 41,850 square feet.
OLD BUSINESS
4 KEVIN MORAN PARK TASK FORCE REPORT
STAFF RECOMMENDATION:
Accept report and provide direction regarding the Kevin Moran Park Improvement
Project.
Mayor Kline thanked all the members of the Kevin Moran Task Force and noted that
they did a great job. Mayor Kline explained the process for tonight's discussion
regarding the Task Force report. Mayor Kline requested that there be no clapping and
suggested that to show support, simply raise your hand Mayor Kline stated that
5
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.
Section 2. Severance Clause.
ORDINANCE NO. 269
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. stEikeout). Text in standard font remains unchanged.
Sections within an Article that are not included in Attachment A are unchanged from the existing
Code.
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.
1
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 6 2009:
AYES: Councilmember Susie Nagpal, Howard Miller, Jill Hunter, Vice Mayor
Kathleen King, Mayor Chuck Page
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
A ULLIVAN, CITY CLERK CHUCK PAGE, MA
CITY OF SARATOGA
APPROVED AS TO FORM:
RICHARD TAYLOR, CITY ATTORNEY
2
ATTEST:
CITY OF SARATOGA
R;
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
ment of a site or structure shall be in addition to the numbcr
cxisting prior to the alteration or cnlargcmcnt, unless thc prc existing number is greater than the
number prescribed in Scction 15 35.030, in which instance, the number in excess of the
prescribed minimum shall be counted in calculating thc number provided to serve the alteration
or cnlargcmcnt.
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
3
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 Of
enlarged site or structure shall be the increased gross floor area calculated using the methodology
4
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 i er 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 mess floor area subject to the
change in use reduced by four hundred fifty square feet for each parking
prior use. This shall be calculated as follows: The total square footage subject to the change in
credit shall be calculated by determining t The number of parking spaces allocated to the prior
use of the ar a proposed for a Chang- 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 SF used
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
5
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.
11'!P' 11 s1['1l11
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 rcccipt of the notice of appeal and payment of the filing fee, or upon-an
cil, the City Clerk shall schedule thc matter
g is conducted on the appeal, noticc shall he giver in
1 property that is the subject of thc h aring.
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
6
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
Mr. Saavedra noted that approximately 50,000 to 60,000 per year.
Mayor Page opened the Public Hearing for public comment.
No one requested to speak on this item.
Mayor Page closed the Public Hearing.
MILLER/NAGPAL MOVED TO DIRECT STAFF TO WAIVE THE SECOND
READING AND PLACE THE ORDINANCE ON THE CONSENT
CALENDAR FOR ADOPTION ON THE NEXT REGULAR COUNCIL
MEETING. Motion passed 5 -0 -0.
12. 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
6
STAFF RECOMMENDATION:
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 the ordinance for adoption on the consent calendar at the next
regularly scheduled City Council meeting.
Assistant Planner Cynthia McCormick presented the staff report.
Mayor Page opened the Public Hearing for comment.
No one requested to speak on this item.
Mayor Page closed the Public Hearing.
RESOLUTION NO. 09-022
KING/NAGPAL MOVED TO DIRECT STAFF TO WAIVE THE SECOND
READING AND PLACE THE ORDINANCE ON THE CONSENT
CALENDAR FOR ADOPTION ON THE NEXT REGULAR COUNCIL
MEETING. Motion passed 5 -0 -0.
13. PROPOSED ORDINANCE AMENDING THE CITY CODE TO REPLACE
THE REQUIREMENT FOR USE OF ROBERTS RULE OF ORDER WITH A
REQUIREMENT ALLOWING THE CITY COUNCIL TO ADOPT RULES OF
PROCEDURE BY RESOLUTION AND CLARIFY PROCEDURES FOR
ADDRESSING THE CITY COUNCIL AND PROPOSED ORDINANCE TO
ADOPT RULES OF PROCEDURE
SARATOGA CITY COUNCIL
MEETING DATE: March 7, 2012 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Cynthia McCormick, AICP DIRECTOR: James Lindsay
SUBJECT: Removal of the time period in the Village surplus parking provisions (City
Code Section 15-35.020(k))
RECOMMENDED ACTION:
Introduce the ordinance amending the City Code to remove the time period in the Village surplus
parking provisions.
REPORT SUMMARY:
A 2002 parking study showed that excess parking capacity existed in the Village. Following
several study sessions with the public, it was felt that modifying parking standards might create
new business activity and fill in vacant store fronts in the Village. In 2006, the City Council
approved an ordinance temporarily relaxing parking requirements in the CH-1 and CH-2 zoning
districts for three years or until the surplus floor area (i.e., excess parking capacity) had been
allocated (with the assumption that the parking surplus would be allocated within three years). In
2009, 24,206 square feet of surplus floor area still remained. Therefore, the City Council
extended the surplus parking provision for an additional three years.
As of February 1 2012, 18,121 square feet of surplus floor area still remains which equates to 40
parking spaces. The proposed zoning ordinance amendment would remove the time period by
which the excess parking surplus would need to be utilized. Therefore, off-street parking
requirements in any C-H district would be waived until the available excess parking surplus has
been utilized. The following table shows the businesses that have utilized the parking waiver,
and the remaining surplus to date.
Village Surplus Parking Tally
Date Business Deducted Remaining
41,850 SF
07/26/06 Planet Juice 960 SF 40,890 SF
09/13/06 Saratoga Cleaners 2,270 SF 38,620 SF
10/17/06 S. Cloud Barn Basement 1,561 SF 37,059 SF
12/13/06 Blue Rock Shoot Expansion 1,616 SF 35,443 SF
Ristorante Da Mario 175 SF 35,268 SF
07/18/07 Tollgate Mixed Use Bldg. 3,628 SF 31,640 SF
09/26/07 Sam Cloud Addition 3,798 SF 27,842 SF
Page 1 of 2
Page 2 of 2
01/28/08
Daily Method - Exercise
Studio 1,134 SF 26,708 SF
10/22/08 The Inn at Saratoga 2,052 SF 24,656 SF
06/10/09 Cinnabar Outdoor Seating Area 275 SF 24,381 SF
07/22/09 Spanish Immersion 450 SF 23,931 SF
04/09/10 Belltower Bistro / Bakery 5,810 SF 18,121 SF
Total Deducted to Date 23, 729 SF
Total Remaining to Date 18,121 SF
FISCAL IMPACTS:
Parking spaces do have value which can be quantified and collected through an in-lieu fee.
However, additional fee burdens may keep new business from locating in the Village as the local
economy is still slowly recovering. Retaining the parking waiver could continue to help
stimulate business activity in the Village thereby increasing sales tax revenue to the City.
ALTERNATIVE ACTION:
Remove Section 15-35.020(k) from the Code, thereby ending the parking space moratorium in
the Village.
FOLLOW UP ACTION:
Schedule the ordinance for a second reading.
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. Notice of the hearing was published in the
Saratoga News on February 21, 2012 and mailed in the manner and to the extent required by
law.
ATTACHMENTS:
1. Off-Street Parking and Loading Facilities Ordinance amendment
Approve resolution in support of the West Valley- Mission Community College
District Facilities Improvement June 2012 Bond Measure.
Council Member Lo removed this item from the Consent Calendar to request
additional information about the West Valley- Mission Community College District
bond proposed for the June 2012 ballot.
West Valley College President Lori Gaskin and West Valley- Mission Community
College Board of Trustees President Adrienne Grey provided additional information
about the bond.
RESOLUTION NO. 12 -013
LO /CAPPELLO MOVED TO APPROVE RESOLUTION IN SUPPORT OF THE
WEST VALLEY MISSION COMMUNITY COLLEGE DISTRICT
FACILITIES IMPROVEMENT JUNE 2012 BOND MEASURE. MOTION
PASSED 5 -0 -0.
PUBLIC HEARINGS
12. Removal of the Time Period for the Village Surplus Parking Provisions
Recommended action:
Introduce ordinance amending the City Code to remove the time period in the Village
surplus parking provisions.
Community Development Department Planner Cynthia McCormick provided the staff
report to the City Council on this item.
Mayor Page invited public comment on the item.
No one requested to speak.
CAPPELLO /MILLER MOVED TO INTRODUCE ORDINANCE AMENDING
THE CITY CODE TO REMOVE THE TIME PERIOD IN THE VILLAGE
SURPLUS PARKING PROVISIONS. MOTION PASSED 5 -0 -0.
At this time, Mayor Page invited members of a Saratoga Boy Scout Troop to
introduce themselves.
OLD BUSINESS
None
NEW BUSINESS
13. Amendment to California Public Employees' Retirement System (Ca1PERS) Contract
Miscellaneous Employees
Recommended action:
That the City Council introduce and waive the first reading of an ordinance
authorizing an amendment to the Contract between the Board of Administration of