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HomeMy WebLinkAbout02-27-13 Planning Commission Agenda PacketTable of Contents Agenda 2 February 13, 2013 Draft Minutes 4 General Plan Conformance Determination for the potential sale of a City-owned parcel located near Gardiner Park between 18929 and 18947 Harleigh Drive. Staff Contact: John Cherbone, Public Works Director (408)868-1241. Staff Report 6 Resolution 9 APPLICATION ZOA13-0001; City-Wide, City of Saratoga – The City is proposing a zoning amendment that would allow businesses to sell beer and/or wine for consumption off-site as a principally permitted use within any commercial zoning district under certain conditions. Staff Contact: Michael Fossati (408) 868-1212. Staff Report - Alcohol Sales 10 Att. 1 - Resolution 12 Att. 2 - Excerpt of Minutes from CC Retreat, dated 1/25/13 19 Att. 3 - Memo pertaining to Alcohol Sales, dated 1/25/13 20 1 AGENDA REGULAR MEETING SARATOGA PLANNING COMMISSION Wednesday, February 27, 2013 REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES Action Minutes from the Regular Planning Commission Meeting of February 13, 2013 COMMUNICATIONS FROM COMMISSION & PUBLIC Oral Communications on Non-Agendized Items Any member of the Public will be allowed to address the Planning Commission for up to three (3) minutes on matters not on this agenda. The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications under Planning Commission direction to Staff. REPORT OF APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an “Appeal Application” with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15-90.050 (b). PUBLIC HEARING All interested persons may appear and be heard at the above time and place. Applicants and their representatives have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for up to three minutes. Applicants and their representatives have a total of five minutes maximum for closing statements. 1. The City of Saratoga is considering selling an unused, unimproved, City-owned parcel located near Gardiner Park between 18929 and 18947 Harleigh Drive to an adjacent property owner. The parcel is 20- feet by 113-feet (approximately 2260 square feet or 0.05 acres). It and the adjoining parcels are designated as Medium Density Residential M-10 in the General Plan and zoned as Single Family Residential R-1- 10,000. Staff Contact: John Cherbone, Public Works Director (408)868-1241. Recommended action: Staff recommends that the Planning Commission adopt Resolution No. 13-008 making the General Plan conformity determination. 2. APPLICATION ZOA13-0001; City-Wide, City of Saratoga – The City of Saratoga is proposing a zoning amendment that would allow a certain retail establishments to sell or offer beer and/or wine for human consumption off-site as a principally permitted use within any commercial zoning district. Staff Contact: Michael Fossati (408) 868-1212 Recommended action: Adopt Resolution No. 13-007 approving the recommendation that the proposed zoning amendment be adopted by City Council. 2 DIRECTOR/COMMISSION COMMUNICATION ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the Planning Commission by City Staff in connection with this agenda are available at the office of the Community Development at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the Planning Commission concurrently with the posting of the agenda are also available on the City website at www.saratoga.ca.us. Any materials distributed by staff after the posting of agenda are available for public review at the Community Development Department at the time they are distributed to the Planning Commission. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). CERTIFICATE OF POSTING OF AGENDA I, Abby Ayende, Office Specialist III for the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning Commission was posted and available for public review on February 21, 2013 at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us. You can also sign up to receive email notifications when Commission agendas and minutes have been added to the City at website http://www.saratoga.ca.us/contact/email_subscriptions.asp. NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at www.saratoga.ca.us 3 ACTION MINUTES REGULAR MEETING SARATOGA PLANNING COMMISSION Wednesday, February 13, 2013 REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES Action Minutes from the Regular Planning Commission Meeting of January 23, 2013(5:0:2(Grover & Reis)) COMMUNICATIONS FROM COMMISSION & PUBLIC Oral Communications on Non-Agendized Items Any member of the Public will be allowed to address the Planning Commission for up to three (3) minutes on matters not on this agenda. The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications under Planning Commission direction to Staff. REPORT OF APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an “Appeal Application” with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15-90.050 (b). PUBLIC HEARING All interested persons may appear and be heard at the above time and place. Applicants and their representatives have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for up to three minutes. Applicants and their representatives have a total of five minutes maximum for closing statements. 1. Application PDR12-0024; 15124 Sobey Road (397-07-066); Neehar and Radica Giri / JCA Architects - The applicant is requesting Design Review approval for a 199 square foot addition to an existing one story single-family home and the construction of a detached 734 square foot deed restricted secondary dwelling unit. The proposed project would increase the allowable building square footage on the site to 6,929 square feet. Planning Commission Design Review is required per City Code Section 15-45.060(a)(6) because the floor area of all structures on the site would exceed 6,000 square feet. Staff Contact: Christopher Riordan (408) 868-1235 Recommended action: Adopted Resolution No. 13-005 approving the project subject to conditions of approval. (7:0:0) 2. Application MOD13-0001; 14639 Big Basin Way (503-25-013); Yao / SC Design Group - The applicant is requesting minor modifications to an existing Design Review (PDR12-0011) and Conditional Use Permit (CUP12-0004) approval to construct a two-story commercial building, four-car garage, and two residential townhouses. Staff Contact: Michael Fossati (408) 868-1212 Recommended action: Adopt Resolution No. 13-006 approving the project subject to conditions of approval. (Continued to March 13, 2013 meeting,7:0:0) 4 3. Application PDR12-0023; 20013 Cox Avenue (386-44-040) Sprint - The applicant is requesting Design Review approval to install three new panel antennas and six Remote Radio Units (RRU) 77’ above grade on an approximately 144’ tall existing Pacific Gas & Electric lattice tower. Two new equipment cabinets would be installed within an existing 493 square foot fenced enclosure located to the northwest of the lattice tower. The project is upgrading the site from the current 3G technology to 4G so as to provide increased capacity and data speeds. The three existing panel antennas and the two existing equipment cabinets would be removed. There is no proposed increase in height to the existing tower or increase in size of the fenced enclosure to accommodate this project. Staff Contact: Christopher Riordan (408) 868- 1235 Recommended action: Adopted Resolution No. 13-0023 approving the project subject to conditions of approval. (7:0:0) 4. Changes to the Tree Regulations to 1) Waive the fee for a permit application for fallen trees; 2) Refund the permit application fee for a dead tree; 3) Modify the notification process so it notifies nearby residents of the decision and provides time to appeal before the trees are removed; and 4) Review alternatives to a tree protection security deposit for development projects. Staff Contact: Kate Bear (408)868-1276 Recommended action: Adopted the proposed changes to the Zoning Code, City Code Article 15-50, Tree Regulations. (7:0:0) DIRECTOR/COMMISSION COMMUNICATION ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the Planning Commission by City Staff in connection with this agenda are available at the office of the Community Development at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the Planning Commission concurrently with the posting of the agenda are also available on the City website at www.saratoga.ca.us. Any materials distributed by staff after the posting of agenda are available for public review at the Community Development Department at the time they are distributed to the Planning Commission. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). CERTIFICATE OF POSTING OF AGENDA I, Abby Ayende, Office Specialist III for the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning Commission was posted and available for public review on February 7, 2013 at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us. You can also sign up to receive email notifications when Commission agendas and minutes have been added to the City at website http://www.saratoga.ca.us/contact/email_subscriptions.asp. NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at www.saratoga.ca.us 5 REPORT TO THE PLANNING COMMISSION Meeting Date: February 27, 2013 Type of Application: General Plan Conformity Determination Location / APN: Between 18929 and 18947 Harleigh Drive/ 38929007 Owner / Applicant: City of Saratoga Staff: John Cherbone, Public Works Director Unused Parcel Between 18929 and 18947 Harleigh Drive 6 . SUMMARY BACKGROUND: The City of Saratoga is considering selling an unused, unimproved, City-owned parcel located near Gardiner Park between 18929 and 18947 Harleigh Drive to an adjacent property owner. The parcel, APN number 38929007, is outlined in red on the above map. If the parcel is sold, the Community Development Department would initiate a merger with the buyer’s property under City Code Article 14-65 (Merger of Parcels). The parcel is 20-feet by 113-feet (approximately 2260 square feet or 0.05 acres). It and the adjoining parcels are designated as Medium Density Residential M-10 in the General Plan and zoned as Single Family Residential R-1-10,000. The parcel was one of two parcels granted to the City in December of 1965. The minutes of the meeting at which the parcel was accepted indicate that it was intended for recreational use. There were no legal restrictions on use attached to the grant of the property, however. The second parcel, not proposed for sale, became Gardiner Park. It appears that the small parcel was intended to provide access to Gardiner Park, since that parcel was surrounded by residential parcels at the time of the grant. However, the City subsequently acquired access between 19070 and 19091 Portos Drive. The smaller parcel was thus never developed or used for park purposes and is no longer necessary to serve as access to Gardiner Park. Many years ago, a previous owner of 18947 Harleigh Drive fenced and took possession of the parcel. The City became aware of this situation and in 1998 issued the property owner a Notice of Violation, notifying him that such fencing violated the City Code. The owner then sold the property in 1999 without informing the buyers of the City’s Notice of Violation. The City sent the new owners notice requiring them to remove the fence and landscaping improvements on the City parcel. The new owners resolved the violation by entering an agreement for temporary use of the property for the limited purpose of fencing and landscaping. The City may revoke the agreement at will and require the landowners to remove fencing and landscaping. Because the parcel is unused and development for use would require construction of a bridge over Wildcat Creek the City is considering sale of the parcel to one of the two adjoining parcels at fair market value. On February 5, 2013, the Parks and Recreation Commission considered the proposed sale of this parcel. It recommended that the parcel be sold and forwarded the proposed sale to the Planning Commission for General Plan consistency review. STAFF ANALYSIS Government Code section 65402 regulates the sale of land owned by local governments. It requires that the Planning Commission report to the City Council on whether a proposed sale of City-owned land is consistent with the General Plan. The General Plan designation for the parcel is M-10, Medium Density Residential. The adjacent properties are also designated M-10. Selling the undeveloped parcel to an adjacent 7 . landowner and merging the parcels is consistent with the residential General Plan designation for the properties and would not exceed the General Plan’s maximum density or maximum allowable coverage for M-10 properties. The General Plan’s Open Space and Conservation Element contains the following policies to maintain the City’s public parks: • Goal OSC 3: To provide and maintain parks and a variety of passive and active recreational sites which are located designed, and improved to serve the needs of the residents, the community, and the neighborhoods of Saratoga.” • Policy OSC 3.2: Ensure that existing and future parks and dedicated open spaces remain part of the public domain in perpetuity. • Policy OSC 3.3: Promote retention and dedication of land which provides room for a variety of passive and active recreational pursuits and offers important opportunities for the fulfillment of human and psychological needs . . . . The sale of the unused parcel is consistent with these policies because, although it is adjacent to Gardiner Park, the parcel has never been used as a park or for access to Gardiner Park. Further, the need for this parcel was eliminated when access to Gardiner Park was obtained off of Portos Drive and it is too small to be used for other park purposes. Development of a bridge over Wildcat Creek would be costly and subject to numerous state and federal permit requirements. The Parks and Recreation Commission considered the sale of this parcel and recommended that it be sold. The attached resolution determines that the sale is consistent with the General Plan. ENVIRONMENTAL DETERMINATION The sale and merger of the unused parcel is exempt from the California Environmental Quality Act (CEQA) because it has no potential for causing a significant effect on the environment. 14 Cal. Code Regs. § 15061(b)(3). The merger is further exempt because it is a minor alternation in land use limitations that will not result in any change in land use or density, will not create a new parcel, and the average slope is less than 20 percent. Id. § 15305. The parcel is unimproved and the sale and merger will not change the nature of the use. Any possible future development on the parcel would be minor as required by existing General Plan and Zoning regulations and would itself be exempt from CEQA. Id. §§ 15301, 15303(a). STAFF RECOMMENDATION Staff recommends that the Planning Commission adopt Resolution No. 13-008 making the General Plan conformity determination. ATTACHMENT: 1. Resolution of General Plan Conformity – Unused Property on Harleigh Drive. 8 CITY OF SARATOGA PLANNING COMMISSION RESOLUTION NO: 13-008 FINDING SALE OF UNUSED PARCEL ON HARLEIGH DRIVE IS IN CONFORMITY WITH THE GENERAL PLAN WHEREAS, Government Code section 65402 requires that the Planning Commission report to the City Council on whether a proposed sale of City-owned land conforms with the General Plan; and WHEREAS, the City of Saratoga is considering selling an unused, undeveloped, 2260 square foot City-owned parcel located near Gardiner Park between 18929 and 18947 Harleigh Drive, APN # 38929007, to an adjacent property owner and later merging the parcels; and WHEREAS, the parcel proposed for sale and the immediately adjacent parcels are designated as Medium Density Residential M-10 in the General Plan; and WHEREAS, selling the parcel to an adjacent landowner and merging the parcels would not change the property’s use or exceed the General Plan’s maximum density or maximum allowable coverage for M-10 properties; and WHEREAS, the General Plan includes policies to maintain local parks; and WHEREAS, the parcel has never been used as a park or for access to Gardiner Park and any need for this parcel was eliminated when access to Gardiner Park was obtained off of Portos Drive; and WHEREAS, on February 5, 2013, the Parks and Recreation Commission considered the proposed sale of this parcel and recommended that the parcel be sold; and WHEREAS, sale of the property and merger of the parcels is exempt from the California Environmental Quality Act under California Code of Regulations sections 15061(b)(3), 15301, 15303(a), and 15305. NOW, THEREFORE, the Planning Commission of the City of Saratoga hereby finds and reports to the City Council that the proposed sale of parcel APN 38929007 is in conformity with the City of Saratoga General Plan. PASSED AND ADOPTED by the Planning Commission of the City of Saratoga, this 27th of February, 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________________________ Tina K. Walia, Chair, Planning Commission 9 REPORT TO THE PLANNING COMMISSION Meeting Date: February 27, 2013 Application: ZOA13-0001 Location / APN: 13777 Fruitvale Ave. / 389-43-025 Owner / Applicant: City of Saratoga Staff Planner: Michael Fossati SUMMARY PROJECT DESCRIPTION: The proposed zoning amendment would allow businesses to sell beer and/or wine for consumption off-site as a principally permitted use within any commercial zoning district under certain conditions. STAFF RECOMMENDATION: Staff recommends the Planning Commission adopt Resolution No. 13-007 approving the recommendation that the proposed zoning amendment be adopted by City Council. PROJECT DETAILS Background City Code section 15-19.020 currently requires any establishment engaged in the sale of alcoholic beverages to obtain a conditional use permit (CUP). At the January 25, 2013 City Council retreat, the Council directed the Planning Commission to return to the Council with a recommended ordinance allowing retail sale of beer and wine as a permitted use when no more than 500 square feet or 25% of the floor space, whichever is less, is dedicated to beer and wine sales. Staff has prepared a draft ordinance pursuant to the Council’s direction for Planning Commission review. Additional code modifications have been included within the ordinance to provide consistent language throughout certain sections of the code. Those amendments can be found in City Code Section 15-18.020 and 15-19.020. An excerpt of the minutes and the staff memo regarding alcohol sales discussed at the January 25, 2013 City Council retreat have been included as attachments for reference. 10 . Noticing Notice of the public hearing has been published once in a newspaper having general circulation in the City no later than ten days prior to the date of the hearing. ENVIRONMENTAL DETERMINATION: The project is exempt from the Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Guidelines. The activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. 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. The proposed project consists of an ordinance that modifies the permitting process for “Retail Establishments”. These changes are not anticipated to result in any changes to the physical environment. STAFF RECOMMENDATION Adopt Resolution No. 13-007 recommending the City Council approve the ordinance changes shown in Exhibit 1. ATTACHMENTS: 1. Resolution with draft ordinance 2. Minutes of 1/25/13 City Council Retreat – Alcohol Sales. 3. Staff Memo of 1/25/13 City Council Retreat – Alcohol Sales. 11 CITY OF SARATOGA PLANNING COMMISSION RESOLUTION NO: 13-007 Application ZOA13-0001 City of Saratoga The City of Saratoga Planning Commission finds and determines as follows with respect to the above-described application: I. Project Summary Allow certain establishments to sell or offer beer and/or wine for human consumption off-site as a principally permitted use within any commercial zoning district. II. Planning Commission Review On February 27, 2013 the Planning Commission held a duly noticed Public Hearing on the Project at which time all interested parties were given a full opportunity to be heard and to present evidence and argument. The Planning Commission considered the Project, the Staff Report on the Project, correspondence, presentations from the public, and all testimony and other evidence presented at the Public Hearing. III. Environmental Review The proposed amendments to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15305 - Minor Alteration to Land Use Limitations, 15308 – Actions by Regulatory Agencies for Protection of the Environment, and also exempt under CEQA Guideline section 15061(b)(3) - the general rule that CEQA applies only to projects which have the potential of causing a significant effect on the environment and where, as here, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. IV. Zoning Ordinance Amendment Recommendation After careful consideration of the staff report and other materials, exhibits and evidence submitted to the City in connection with this matter, the Planning Commission of the City of Saratoga does hereby recommend the City Council adopt an ordinance allowing certain establishments to sell or offer beer and/or wine for human consumption off-site as a principally permitted use within any commercial zoning district. The language within the amendment should read as follows: Article 15-18 – P-A: PROFESSIONAL AND ADMINISTRATIVE OFFICE DISTRICT The following permitted uses shall be allowed in a P-A district, unless a except where the use involves the operation of a business providing direct customer service (including, but not limited to, conducting a delivery service) on-site between the hours of 1:00 A.M. and 6:00 A.M., in which latter event such use may be allowed upon the granting of a use permit pursuant to Article 15-55 of this Chapter. 12 2 ZOA13-0001 Article 15-19 - C: COMMERCIAL DISTRICTS Section 15-19.020 – General Regulations (a) Permitted uses. The following permitted uses shall be allowed in any commercial district, unless a except where the use involves the operation of a business providing direct customer service on-site (including, but not limited to, conducting a delivery service) between the hours of 1:00 A.M. and 6:00 A.M., in which latter event such use may be allowed upon the granting of a use permit pursuant to Article 15-55 of this Chapter. (1) Retail establishments, except those listed as conditional uses in subsection (b) below. except restaurants, markets, delicatessens, and any establishment engaged in the sale of alcoholic beverages. (6) Markets, where 25% or less (but no more than 2,000 square feet) of the establishment’s total floor area is dedicated to food and non-alcoholic drink sales. with a floor area dedicated to food and drink sales that is less than or equal to 25% of the establishment’s total floor area and 2,000 square feet or less. This “permitted use” category does not allow alcoholic drink sales, which are governed by subsection (a) (7) below. (7) Any “permitted” establishment, where 25% or less (but no more than 500 square feet) of the establishment’s total floor area is dedicated to beer and/or wine sales (but not distilled spirits) for off-site consumption. If this use is a “permitted” market, pursuant to subsection (a)(6) above, the floor area percentage and square footage maximums may not be additive. (b) Conditional uses. The following uses may be allowed in any commercial district, but only as a conditional use upon the granting of a use permit pursuant to Article 15-55 of this Chapter: (1) Restaurants (2) Markets which do not qualify as a “permitted use” under subsection (a) above. (3) Any establishment engaged in the sale of alcoholic beverages for on-site consumption, with the exception of tasting rooms as provided for qualifying as permitted uses under Section 15-19.050(a) (3) of this Code. (16) Any use engaged in the sale of distilled spirits for off-site consumption. (17) Any use engaged in the sale of beer and/or wine for off-site consumption that does not qualify as a “permitted use” under subsection (a) above. 13 3 ZOA13-0001 PASSED AND ADOPTED by the City of Saratoga Planning Commission this 27th day of February 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Tina K. Walia Chair, Planning Commission Exhibit A – Draft Ordinance 14 4 ZOA13-0001 Exhibit A ORDINANCE __________ AN ORDINANCE AMENDING ARTICLE 15-18 AND 15-19 OF THE SARATOGA CITY CODE THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Findings 1. The City of Saratoga wishes to amend Article 15-18 and Article 15-19 of the City Code. 2. Amendments in this ordinance affect provisions of the City’s zoning regulations in Chapter 15 of the Code. These amendments were considered by the Planning Commission of the City of Saratoga and the Commission, after a duly noticed public hearing on February 27, 2013, recommended adoption of the amendments to Chapter 15 as set forth below. 3. The City Council of the City of Saratoga held a duly noticed public hearing on ________ and after considering all testimony and written materials provided in connection with that hearing, introduced this ordinance. Therefore, the City Council hereby ordains as follows: Section 1. Adoption. The Saratoga City Code is amended as set forth below. Text to be added is indicated in double- underlined font (e.g., double-underlined) and text to be deleted is indicated in strikeout font (e.g., strikeout). Text in standard font remains unchanged by this ordinance. City Code Section 15-18.020 - Permitted uses. The following permitted uses shall be allowed in a P-A district, unless a except where the use involves the operation of a business providing direct customer service (including, but not limited to, conducting a delivery service) on-site between the hours of 1:00 A.M. and 6:00 A.M., in which latter event such use may be allowed upon the granting of a use permit pursuant to Article 15-55 of this Chapter. City Code Section 15-19.020 – General Regulations (a) Permitted uses. The following permitted uses shall be allowed in any commercial district, unless a except where the use involves the operation of a business providing direct customer service on-site (including, but not limited to, conducting a delivery 15 5 ZOA13-0001 service) between the hours of 1:00 A.M. and 6:00 A.M., in which latter event such use may be allowed upon the granting of a use permit pursuant to Article 15-55 of this Chapter. (1) Retail establishments, except those listed as conditional uses in subsection (b) below. except restaurants, markets, delicatessens, and any establishment engaged in the sale of alcoholic beverages. (2) Home occupations, conducted in accordance with the regulations prescribed in Article 15-40 of this Chapter. (3) Parking lots which comply with the standards for off-street parking facilities as set forth in Section 15-35.020 of this Chapter. (4) Accessory structures and uses located on the same site as a permitted use. (5) Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications. (6) Markets, where 25% or less (but no more than 2,000 square feet) of the establishment’s total floor area is dedicated to food and non-alcoholic drink sales. with a floor area dedicated to food and drink sales that is less than or equal to 25% of the establishment’s total floor area and 2,000 square feet or less. This “permitted use” category does not allow alcoholic drink sales, which are governed by subsection (a) (7) below. (7) Any “permitted” establishment, where 25% or less (but no more than 500 square feet) of the establishment’s total floor area is dedicated to beer and/or wine sales (but not distilled spirits) for off-site consumption. If this use is a “permitted” market, pursuant to subsection (a)(6) above, the floor area percentage and square footage maximums may not be additive. (b) Conditional uses. The following uses may be allowed in any commercial district, but only as a conditional use upon the granting of a use permit pursuant to Article 15-55 of this Chapter: (1) Restaurants (2) Markets which do not qualify as a “permitted use” under subsection (a) above. 16 6 ZOA13-0001 (3) Any establishment engaged in the sale of alcoholic beverages for on-site consumption, with the exception of tasting rooms as provided for qualifying as permitted uses under Section 15-19.050(a) (3) of this Code. (4) Hotels and motels. (5) Bed and breakfast establishments. (6) Institutional facilities. (7) Community facilities. (8) Game arcades. (9) Gasoline service stations on sites abutting Saratoga/Sunnyvale Road, Saratoga/Los Gatos Road or Saratoga Avenue and accessible directly from such arterial road; provided, that all operations except the sale of gasoline and oil shall be conducted within an enclosed structure. (10) Animal establishments, as defined in Section 7-20.010(c) of this Code. All animal establishments shall be subject to the regulations and license provisions set forth in Section 7-20.210 of this Code. (11) Public buildings and grounds. (12) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks, transmission lines and cable television facilities. (13) Accessory structures and uses located on the same site as a conditional use. (14) Repealed. (15) Tobacco retailers. All tobacco retailers (as defined in Section 15-80.130 of this Article) shall be subject to the permitting requirements and provisions set forth in Section 15-80.130 of this Article. (16) Any use engaged in the sale of distilled spirits for off-site consumption. (17) Any use engaged in the sale of beer and/or wine for off-site consumption that does not qualify as a “permitted use” under subsection (a) above. 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, 17 7 ZOA13-0001 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 regardless 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 proposed amendments to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15305 - Minor Alteration to Land Use Limitations, 15308 – Actions by Regulatory Agencies for Protection of the Environment, and also exempt under CEQA Guideline section 15061(b)(3) - the general rule that CEQA applies only to projects which have the potential of causing a significant effect on the environment. 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. Following a duly notice public hearing the foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the _____ day of ______, 2013, and was adopted by the following vote following a second reading on the (Insert Date). COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: _________________________________ _____________________________ Jill Hunter Crystal Bothelio MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF SARATOGA Saratoga, California Saratoga, California APPROVED AS TO FORM: ____________________________________________ RICHARD TAYLOR, CITY ATTORNEY 18 (Excerpts from 1/25/13 City Council Retreat) RETAIL SALE OF WINE AND BEER FOR OFFSITE CONSUMPTION Council Member Page stated that he felt retail sale of beer and wine could be permitted when it meets certain criteria, such as when it is an incidental to the main purpose of the business. The City might be able to achieve this by allowing retail sale of beer and wine as a permitted use when no more than 500 square feet or 25% of the floor space, whichever is less, is dedicate to beer and wine sales. Council Member Miller said he liked Council Member Page’s suggestion. Council Member Cappello said he was interested in Council Member Page’s suggestion. Mayor Hunter she was not in favor of allowing beer or wine sales as a permitted use. She shared her concerns that it will become too easy for people to obtain alcohol. Community Development Director James Lindsay sought clarification to see if Council would like to include limits on the hours of operation for businesses that sell wine and beer as a permitted use. Both Council Member Cappello and Council Member Page said that they did not feel limitations on hours of operation were necessary. COUNCIL DIRECTION: The Council directed the Planning Commission to return to the Council with a recommended ordinance allowing retail sale of beer and wine as a permitted use when no more than 500 square feet or 25% of the floor space, whichever is less, is dedicate to beer and wine sales.   19 Page 1 of 3 SARATOGA CITY COUNCIL RETREAT 2013 MEETING DATE: January 25, 2013 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: James Lindsay DIRECTOR: James Lindsay SUBJECT: Provide Direction on the Sale of Alcohol for Off-Site Consumption as a Permitted Use RECOMMENDED ACTION: Provide direction to staff. SUMMARY: At its June 20, 2012 meeting, the City Council directed staff to schedule a discussion of retail sales of beer and wine as a permitted use for the 2013 City Council Retreat. The Council also directed staff to provide the following information for the retreat:  A list of cities that allow retail beer and wine sales as a permitted use.  Information on how other cities make the public convenience or necessity determination. BACKGROUND: Any business in the State of California that wish to engage in the retail beer and wine (off-sale) sales must acquire an off-sale license from the California Department of Alcoholic Beverage Control (ABC). When an application is submitted for an new off-sale license, ABC will require the applicant to obtain approval from the city the business is located in. The following table contains a sample of Bay Area cities that allow retail beer and wine sales as a permitted use. City Conditions On Permitted Alcohol Sales Los Altos Lafayette Danville Palo Alto Downtown district only Walnut Creek Downtown at the ground floor of a multi-story building (not within a standalone building) Mountain View Commercial Arterial Zone Campbell Gifts shops and florists when sales of alcohol are incidental to the primary activity San Jose When sold in conjunction with gift baskets, balloons or flowers 20 Page 2 of 3 A public convenience or necessity (PC/N) statement is required by the California Department of Alcoholic Beverage Control (ABC) for off-sale (retail) licenses in a “high crime” area or where there is an “undue concentration” of licenses. The terms are defined to include a policing area that has a 20% higher crime rate than the rest of the city or county police districts; and to include a census tract where the ABC licenses issued meet or exceed the county license average. Either high crime or undue concentration will trigger the requirement of a PC/N statement. Attachment A is a map showing the areas of the City that require a PC/N statement for new off-sale licenses. There is not statutory limit on the number of PC/N determination that a local jurisdiction can make. The cities included in the previous table, with the exception of San Jose, allow their staff to make the public convenience and necessity (PC/N) determination statement when the retail sale of alcohol is permitted. Their Planning Commissions makes the determination when alcohol sales requires a conditional use permit. DISCUSSION: Any business in Saratoga (except tasting rooms in the C-H districts) engaged in the sale of alcoholic beverages is required to obtain a conditional use permit (CUP). The City Code does not differentiate between alcohol sales for on-site or off-site consumption. The City currently has thirteen businesses that have ABC licenses, two of which are tasting rooms not associated with a winery. License Type Type of License Example of Local Businesses Type 20 Off Sale Beer & Wine Vignehaute Group, Mustard Hill Cellars, Vine Life, Ryan Cochrane Wines Type 42 On Sale & Off Sale Beer & Wine Inn at Saratoga, Uncorked (tasting room), Ruth Roberts Vintners Collective (tasting room), Gene’s, Bell Tower Bistro Type 21 Off Sale General (all types of alcohol) Safeway, Gene’s, Stop & Save, CVS The application fee for a new CUP is $3,550 for an Administrative permit (businesses less than 4,000 square feet) or $4,700 for a CUP requiring Planning Commission approval. An Administrative CUP review process takes 3-4 weeks and a CUP requiring Planning Commission review can take 2-4 months depending on its complexity. After obtaining CUP approval by the City, the business must then apply for an ABC license. According to ABC, a license can take between 2 to 16 months, depending on if the permit is protested. Attachment B is a flow chart illustrating the ABC application process. The CUP process and ABC’s licensing process have separate public noticing components. 21 Page 3 of 3 OPTIONS: A. Direct staff to prepare an ordinance allowing the sale of beer and wine for off-site consumption as a permitted use in all commercial zoning districts: 1. With no restrictions on primary use, size, hours, etc. 2. Only when approved by the Community Development Director as incidental to a retail establishment. 3. Only for businesses not exceeding 2,000 square feet in area and provide service on site between the hours of 8:00 A.M and 10:00 P.M. B. Make no changes, continue to require a CUP for the sale of beer and wine for off-site consumption. ATTACHMENTS A. Off-Sale Undue Concentration Map B. ABC Application Flow Chart 22