HomeMy WebLinkAbout03-13-13 Planning Commission Agenda PacketTable of Contents
Agenda 2
February 27, 2013
Action Minutes 4
Application MOD13-0001; 14639 Big Basin Way (503-25-013);
Jie Yao / SC Design Group - The applicant is requesting
modifications to a previously approved design review,
conditional use permit and tentative map application to construct
a mixed-use project that would include a one two-story
commercial building, a four-car attached garage and two
residential townhomes. Staff Contact: Michael Fossati 408) 868
-1212
Staff Report - 14639 Big Basin 6
Att. 1 - Resolution - 14639 Big Basin Way 11
Att. 2 - Feb 13 Staff Report 18
Att. 3 - Letter for SC Design Group 23
Att. 4 - Noticing 25
Att. 5 - Rendering 31
Att. 6 - Reduced Plans - Exhibit 'A'32
Application ZOA13-0001; City-Wide; City of Saratoga - 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 Contact: Michael Fossati (408) 868-
1212
Staff Report - Alcohol Sales 47
Att. 1 - Resolution 51
Att. 2 - Ordinance Language - Clean Draft 64
Att. 3 - Excerpt Minutes from 1/25/13 CC retreat 68
Att. 4 - Memo - Beer and Wine Sales, dated 1/25/13 69
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AGENDA
REGULAR MEETING
SARATOGA PLANNING COMMISSION
Wednesday, March 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 February 27, 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. Application MOD13-0001; 14639 Big Basin Way (503-25-013); Jie Yao / SC Design Group - The
applicant is requesting modifications to a previously approved design review, conditional use permit and
tentative map application to construct a mixed-use project that would include a one two-story commercial
building, a four-car attached garage and two residential townhomes. Staff Contact: Michael Fossati 408)
868-1212
Recommended action:
Adopt Resolution No. 13-006 approving the project subject to conditions of approval.
2. Application ZOA13-0001; City-Wide; City of Saratoga - 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 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.
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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 March 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
3
ACTION MINUTES
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:
Adopted Resolution No. 13-008 and making the General Plan conformity determination. (7:0:0)
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. (Continued to March 13, 2013 meeting, 7:0:0)
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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
5
REPORT TO THE
PLANNING COMMISSION
Meeting Date: March 13, 2013
Application: MOD13-0001
Location / APN: 14639 Big Basin Way / 503-25-013
Owner / Applicant: Jie Yao / SC Design Group
Staff Planner: Michael Fossati
14639 Big Basin Way
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SUMMARY
ZONING GENERAL PLAN DESIGNATION
Commercial-Historic 2 (CH-2) Commercial Retail (CR)
PARCEL SIZE AVERAGE SLOPE
16,852 square feet (net) 18.3%
GRADING REQUIRED
732 cubic yards (694 c.y. of cut and 38 c.y. of fill)
PROJECT DESCRIPTION:
The applicant is requesting modifications to a previously approved design review,
conditional use permit and tentative map application to construct a mixed-use project that
would include a one two-story commercial building, a four-car attached garage and two
residential townhomes.
STAFF RECOMMENDATION:
Adopt Resolution No. 13-006 approving the project subject to conditions of approval.
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PROJECT DATA
Net Lot Size:
16,852 sq. ft.
Proposed Allowed
Density 3 units 8 units
Floor Area
Townhouse #1:
Townhouse #2:
Commercial Building:
Garage:
Total
1,451 sq. ft.
1,451 sq. ft.
3,068 sq. ft.
815 sq. ft.
6,785 sq. ft.
Floor Area not limited.
The City may impose no
condition limiting the
percentage of the total
allowable residential floor
area on a mixed-use site to
less than or equal to fifty
percent.
Proposed Building Coverage *
3,370 sq. ft. (20%)
60% Maximum
Pedestrian Open Space 11,155 sq. ft. (67%) 20% Minimum
Setbacks
Front:
Left Side:
Right Side:
Rear:
15’
5’
5’
119’
15’
No setback required
No setback required
No setback required from
top bank of creek
Height (Office/Commercial)
Lowest Elevation Point:
Highest Elevation Point:
Average Elevation Point:
Proposed Topmost Point:
516.40’
517.60’
517.00’
543.00’ (26’)
Maximum Building
Height is 543.00’
(26 Feet)
Height (Garage)
Lowest Elevation Point:
Highest Elevation Point:
Average Elevation Point:
Proposed Topmost Point:
515.60’
516.40’
516.00’
540.75’ (24’9”)
Maximum Building
Height is 542.00’
(26 Feet)
Height (Townhomes)
Lowest Elevation Point:
Highest Elevation Point:
Average Elevation Point:
Proposed Topmost Point:
505.60’
515.40’
510.40’
536.50’ (26’)
Maximum Building
Height is 536.50’
(26 Feet)
* Commercial Districts only limit site coverage with structures, not with paving or impervious surfaces.
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Background
On July 25, 2012 the Planning Commission approved a Design Review application for a
mixed-use project located at 14639 Big Basin Way. The current owners of the project
submitted an application to modify the approved design. During their February 13, 2013
meeting, the Planning Commission reviewed the proposed modifications and continued
the public hearing to the meeting of March 13, 2013. A copy of the February 13 staff
report has been included as Attachment 2.
During the meeting, the Planning Commission requested greater detail and clarity of the
proposed design changes and requested that the applicant submit the following:
• A three dimensional (3-D) rendering of the proposed project to determine if the
modifications would maintain the character of the original design of the building.
• A “before” and “after” floor plan of the modifications.
The Planning Commission also requested that the applicant provide:
• Adequate clearance between the garage and outdoor parking space
• Additional information regarding a separate exterior access into the basement
• Information on the required number of bathrooms for commercial/retail buildings
The applicant has resubmitted revised plans. The applicant has stated that the proposed
modifications to the front of the building are minimally different than the previous design
and that the additional floor area will assist in attracting a viable tenant to fill the
commercial space. The revisions also indicate that a clearance of 24 feet has been added
between the garage and the exterior parking space and that the separate exterior access to the
basement has been eliminated.
The number of proposed bathrooms within the commercial structure has been evaluated by
the City’s Plan Check Engineer and it has been determined that the number of required
bathrooms (and if a unisex bathroom is sufficient) cannot be dictated at this time. Typically,
the number of bathrooms is based on a variety of factors such as proposed use, number of
occupants, and size of the building. Although a general retail use is proposed for the
downstairs and general office use is proposed for the upstairs, either of these uses may
change, which would potentially alter the number of required bathrooms.
Neighbor Correspondence
Staff sent a “Notice of Public Hearing” to all property owners within 500 feet of the subject
property. The public hearing notice and description of the project was published in the
Saratoga News. Staff has not received any comments regarding the modification of the
project.
ENVIRONMENTAL DETERMINATION: The project is Categorically Exempt from the
Environmental Quality Act (CEQA) pursuant Section 15303, 15315 and 15332 of the Public
Resources Code. Section 15303 allows “new construction or conversion of small
structures”, which, in an urbanized area, applies to up to four commercial buildings, not
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exceeding 10,000 square feet, as long as the building are not involved with the use of a
significant amount of hazardous substances, where all necessary public services and
facilities are available and the surrounding area is not environmentally sensitive. Section
15315 allows “the division of property within an urbanized area zoned residential or
commercial into four or fewer parcels, when the division is in conformance with the General
Plan and zoning, no variances or exceptions are required, all services and access to the
proposed parcels to local standards are available, the parcel is not involved in a division of a
larger parcel within the previous two years, and the parcel does not have an average slope
greater than 20 percent”. Section 15332 allows “projects characterized as in-fill
development meeting conditions, such as, conformance with the applicable general plan
designation and all general plan policies, zoning designation, and regulations”. The project
is proposing new construction of one commercial building and two residential buildings (a
total of three buildings), the subdivision of three parcels, all within an urbanized area,
consistent with general plan, zoning policies and regulations. The project sponsor has not
requested any variance or exception for the proposed entitlements.
STAFF RECOMMENDATION
Adopt Resolution No. 13-006 approving the project subject to conditions of approval.
ATTACHMENTS:
1. Resolution of Approval – 14639 Big Basin Way
2. Staff Report – 14639 Big Basin Way, dated 2/27/13
3. Letter submitted by SC Design Group, dated 1/15/13
4. Public hearing notice, mailing addresses, and map for project notification
5. Rendering – 14639 Big Basin Way
6. Reduced Plans, Exhibit "A.”
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RESOLUTION NO. 13-006
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
APPROVING THE MODIFICATION (MOD13-0001) OF DESIGN REVIEW (PDR12-
0011), CONDITIONAL USE PERMIT (CUP12-0004) AND TENTATIVE SUBDIVISION
MAP (SUB12-0004) LOCATED AT 14639 BIG BASIN WAY
WHEREAS, on January 17, 2013, an application was submitted by SC Design Group on
behalf of the owner Jie Yao, requesting modification of previously approved design review,
conditional use permit, and tentative subdivision map to construct a mixed-use commercial unit,
two residential townhomes, and an associated parking garage, located at 14639 Big Basin Way
(APN 503-25-013). The property is located within the Commercial Historic 2 (CH-2) Zoning
District. The foregoing work is described as the “Project” in this Resolution; and
WHEREAS, the limits of ownership, whether residential or commercial space, will be
defined on the condominium plans (a part of Covenants, Conditions and Restrictions (CC&R))
that will be prepared together with the tract map and recorded concurrently for one commercial
unit and two residential townhomes; and
WHEREAS, a Maintenance Association will be formed to maintain both land and the
buildings; and
WHEREAS, on February 13, 2013 and March 13, 2013, the Planning Commission held
a duly noticed public hearing on the subject application, and considered evidence presented by
City staff, the applicant, and other interested parties. All comments on the proposed project were
raised during the public comment period and at the Public Hearing on the Project and were
considered by the Planning Commission.
NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds,
determines and resolves as follows:
Section 1: The recitals set forth above are true and correct and incorporated herein by
reference.
Section 2: The project is consistent with Saratoga General Plan Land Use Element Policy
5.4, in that through the development review process it is ensured that adjoining neighborhoods
are protected from noise, light, glare and other impacts resulting from new or expanded non-
residential development, and Land Use Element Policy 5.2 in that development proposals shall
be evaluated against City standards and guidelines to assure that the related traffic, noise, light,
appearance, and intensity of the proposed use have limited adverse impact on the area and can be
fully mitigated.
Section 3: The project is consistent with the Saratoga City Code, Saratoga Village Plan
and Saratoga Village Design Guidelines in that the design and improvements of commercial and
multi-family structures utilize harmonious architectural features; that the proposed landscaping
shall make use of water-conserving plants, materials and irrigation systems to the maximum
extent feasible; that the colors of wall and roofing materials blend with the natural landscape and
be non-reflective; and that the proposed development be compatible in terms of height, bulk, and
design with other structures in the immediate area.
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Resolution No. 13-006 Page 2
Section 4: The project meets the burden of proof required to support the conditional use
permit in that the proposed location of the mixed-use development is in accord with the
objectives of the Zoning Ordinance and the purposes of the district in which the site is located;
that the conditions under which it would be operated or maintained will not be detrimental to the
public health, safety or welfare, or materially injurious to properties or improvements in the
vicinity; the proposed conditional use will comply with each of the applicable provisions of this
Chapter; and the proposed conditional use will not adversely affect existing or anticipated uses in
the immediate neighborhood, and will not adversely affect surrounding properties or the
occupants thereof.
Section 5: The City of Saratoga Planning Commission hereby approves application
MOD13-0001, for the project located at 14639 Big Basin Way, subject to the Conditions of
Approval attached hereto as Exhibit 1.
PASSED AND ADOPTED by the City of Saratoga Planning Commission this 13th day of
March 2013 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Tina K. Walia
Chair, Planning Commission
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Resolution No. 13-006 Page 3
EXHIBIT 1
CONDITIONS OF APPROVAL
MOD13-0001
14639 BIG BASIN WAY (503-25-013)
1. All conditions established per Resolution 12-033 are considered null and void, and replaced
with the following conditions below.
2. All conditions below which are identified as permanent or for which an alternative period of
time for applicability is specified shall run with the land and apply to the landowner’s
successors in interest for such time period. No zoning clearance, or demolition, or grading
for this project shall be issued until proof is filed with the city that a certificate of approval
documenting all applicable permanent or other term-specified conditions has been recorded
by the applicant with the Santa Clara County Recorder’s office in form and content to the
Community Development Director.
3. If a condition is not “Permanent” or does not have a term specified, it shall remain in effect
until the issuance by the City of Saratoga of a Certificate of Occupancy or its equivalent.
4. The Owner and Applicant will be mailed a statement, after the time the Resolution granting
this approval is duly executed, containing a statement of all amounts due to the City in
connection with this application, including all consultant fees (collectively “processing
fees”). This approval or permit shall expire sixty (60) days after the date said notice is
mailed if all processing fees contained in the notice have not been paid in full. No Zoning
Clearance or Demolition, Grading, or Building Permit may be issued until the processing
fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is
maintained).
5. The Project shall maintain compliance with all applicable regulations of the State, County,
City and/or other governmental agencies having jurisdiction including, without limitation, the
requirements of the Saratoga Zoning Regulations incorporated herein by this reference.
6. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and
hold the City and its officers, officials, boards, commissions, employees, agents and
volunteers harmless from and against:
a. any and all claims, actions or proceedings to attack, set aside, void or annul any action on
the subject application, or any of the proceedings, acts or determinations taken, done or
made prior to said action; and
b. any and all claims, demands, actions, expenses or liabilities arising from or in any
manner relating to the performance of such construction, installation, alteration or
grading work by the Owner and/or Applicant, their successors, or by any person acting on
their behalf.
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Resolution No. 13-006 Page 4
In addition, prior to any Zoning Clearance from the Community Development Director,
Owner and Applicant shall execute a separate agreement containing the details of this
required Agreement to Indemnify, Hold Harmless and Defend, which shall be subject to prior
approval as to form and content by the City Attorney.
COMMUNITY DEVELOPMENT
7. Compliance with Plans. The development shall be located and constructed to include those
features, and only those features, as shown on the Approved Plans dated March 5, 2013,
denominated Exhibit "A". All proposed changes to the Approved Plans must be submitted in
writing with plans showing the changes, including a clouded set of plans highlighting the
changes. Such changes shall be subject to approval in accordance with Condition #5, above.
8. Front yard landscaping. Front yard landscaping shall be installed prior to final inspection or
a bond satisfactory to the Community Development Department of 150% of the estimated
cost of the installation of such landscaping shall be provided to the City.
9. Cultural Resources. If archaeological or cultural resources or human remains are discovered,
the following conditions shall be implemented.
If significant cultural materials are found during project construction activities, all
construction shall cease within a 50-foot radius of the find in order to proceed with the
testing and mitigation measures required. The City of Saratoga shall be notified, and a
qualified archaeologist shall examine the find and make appropriate recommendations
regarding the significance of the find and the appropriate mitigation. Recommendations
could include collection, recordation, and analysis of any significant cultural material.
Pursuant to Section 7050.5 of the Health and Safety Code and Section 5097.94 of the
public Resources Code of the State of California.
In the event of the discovery of human remains during construction, there shall be no
further excavation or disturbance of the site or any nearby area reasonably suspected to
overlay adjacent remains. The Santa Clara County Coroner shall be notified and shall
make a determination as to whether the remains are Native American. If the Coroner
determines that the remains are not subject to his authority, he shall notify the Native
American Heritage Commission who shall attempt to identify descendants of the
deceased Native American. If no satisfactory agreement can be reached as to the
disposition of the remains pursuant to this State Law, then the land owner shall re-inter
the human remains and items associated with Native American burials on the property in
a location not subject to further subsurface disturbance.
In the event any unrecorded archaeological resources are recorded, it will be the
responsibility of the project archaeologist to (at a minimum) record the location of the
resources on DPR archaeological site forms to be submitted to the Northwest Information
Center (NWIC) at the completion of the project. If it has been determined that additional
earthmoving activities will further disturb the resource, a plan for its evaluation under
current CEQA guidelines should be submitted to the City of Saratoga for approval before
a program of hand excavation is undertaken.
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Resolution No. 13-006 Page 5
If evaluative testing demonstrates that the property contains an archaeological resource
eligible for inclusion on the California Register of Historical Resources, the project
applicant should submit a plan for mitigation of impacts to that resource to the City of
Saratoga for approval before additional data recovery efforts are allowed to proceed in
areas of planned impacts. Mitigation can take the form of additional archaeological
monitoring along with recording and/or removal of significant archaeological materials
and information. Mitigation should also include the analysis and production of a report of
findings at the completion of archaeological fieldwork for submission to the City and the
NWIC.
After discovery of any significant cultural resources, a final report shall be submitted to
the City of Saratoga. This report shall contain a description of the monitoring and testing
program, a list of the resources found, a summary of the resources analysis methodology
and conclusion, and a description of the disposition/duration of the resources. The report
shall verify completion of the mitigation program to the satisfaction of the City of
Saratoga.
CITY ARBORIST
10. Compliance with Tree Regulations and City Arborist Report. All requirements in the City
Arborist Report dated June 21, 2012, and all other future updated reports, are hereby adopted
as conditions of approval and shall be implemented as part of the Approved Plans.
CITY GEOLOGIST
11. Compliance with Geotechnical Clearance and City Engineer. All requirements in the
Geotechnical Clearance memorandum dated July 19, 2012, and all other future updated
reports, and all other conditions, as specified by the City Geologist are hereby adopted as
conditions of approval and shall be implemented as part of the Approved Plans.
12. The Project Geotechnical Engineer shall review and approve all geotechnical design
aspects of the final detailed site construction plans (i.e., site preparation and grading,
drainage improvements, and design parameters for the proposed foundations and retaining
walls) to ensure that geotechnical recommendations have been properly incorporated.
13. The geotechnical consultant shall inspect, test (as needed), and approve all geotechnical
aspects of project construction. The inspections should include, but not necessarily be
limited to: site preparation and grading, site surface and subsurface drainage
improvements, and excavations for foundations and retaining walls prior to the placement
of steel and concrete. The consultant shall perform a final inspection of completed project
drainage improvements and confirm compliance with geotechnical standards.
The results of these inspections and the as-built conditions of the project shall be described
by the Project Geotechnical Engineer in a letter and submitted to the City Engineer for
review prior to final (as-built) project approval.
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Resolution No. 13-006 Page 6
PUBLIC WORKS
14. THIS CONDITION IS PERMANENT. Deed Restriction: Trail Easement. The property
owner shall record a deed restriction, satisfactory to the Community Development Director,
dedicating a pedestrian trail easement along Saratoga Creek to the City of Saratoga as
provided in the Trail Easement Agreement and depicted on the Trails Master Plan included in
the Open Space Conservation Element of the City of Saratoga General Plan. A legal
description and plat plan or a verbal trail description shall be prepared for the trail easement
dedication and submitted to the City Public Works Department for review and approval. The
width and exact location of the trail easement is subject to approval by the Public Works
Department. This Trail Easement shall be recorded on the deed prior to issuance of Zoning
Clearance for a Building Permit.
15. The owner/applicant shall comply with requirements of Provision C.3 of National Pollutant
Discharge Elimination System Permit. The applicant shall use and maintain Best Management
Practices (BMP’s) for site design and storm water treatment. The project site shall be designed
to prevent pollutants from being washed into creeks and storm drains.
16. The applicant shall dedicate a private storm drain easement associated with the proposed storm
drain system. The storm drain easement shall be shown on the Final Map. Maintenance of the
storm drain system shall be recorded either on the Final Map or by a separate document
referenced on the Final Map.
17. The owner (applicant) shall submit four (4) copies of a Final Map in substantial conformance
with the approved Tentative Map, along with the additional documents required by Section 14-
40.020 of the Municipal Code, to the City Engineer for examination. The Final Map shall
contain all of the information required in Section 14-40.030 of the Municipal Code and shall be
accompanied by the following items:
One copy of map checking calculations.
Preliminary Title Report for the property dated within ninety (90) days of the date of
submittal for the Final Map.
One copy of each map referenced on the Final Map.
One copy of each document/deed referenced on the Final Map.
One copy of any other map, document, deed, easement or other resource that will facilitate
the examination process as requested by the City Engineer.
18. The owner (applicant) shall pay a Map Checking fee, as determined by the City Engineer, at the
time of submittal of the Final Map for examination.
19. Interior monuments shall be set at each lot corner either prior to recordation of the Final Map or
some later date to be specified on the Final Map. If the owner (applicant) chooses to defer the
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Resolution No. 13-006 Page 7
setting of interior monuments to a specified later date, then sufficient security as determined by
the City Engineer shall be furnished prior to Final Map approval, to guarantee the setting of
interior monuments.
20. The owner (applicant) shall obtain an Encroachment Permit from the City of Saratoga for any
and all improvements in the City right-of-way or City easement prior to commencement of
the work. The owner (applicant) shall replace sections of sidewalk and/or curb and gutter as
determined during the Encroachment Permit issuance
21. The owner (applicant) shall provide Irrevocable Offers of Dedication for all required easements
and/or rights-of-way on the Final Map, in substantial conformance with the approved Tentative
Map, prior to Final Map approval.
22. Prior to Final Map approval, the owner (applicant) shall furnish the City Engineer with
satisfactory written commitments from all public and private utility providers serving the
subdivision guaranteeing the completion of all required utility improvements to serve the
subdivision.
23. The owner (applicant) shall secure all necessary permits from the City and any other public
agencies, including public and private utility providers, prior to commencement of subdivision
improvement construction. Copies of permits other than those issued by the City shall be
provided to City Engineer.
24. The owner (applicant) shall pay the applicable Park and Recreation fee prior to Final Map
approval.
25. All building and construction related activities shall adhere to New Development and
Construction - Best Management Practices as adopted by the City for the purpose of preventing
storm water pollution.
26. THIS CONDITION IS PERMANENT. The property owner shall record a deed restriction,
satisfactory to the Community Development Department, requiring the four enclosed parking
spaces for the sole use by the owners of parcels 2 and 3.
27. THIS CONDITION IS PERMANENT. The property owner shall record a deed restriction,
satisfactory to the Community Development Department, requiring that the architectural
themes and colors of the commercial and residential developments remain harmonious.
17
REPORT TO THE
PLANNING COMMISSION
Meeting Date: Feb 13, 2013
Application: MOD13-0001
Location / APN: 14639 Big Basin Way / 503-25-013
Owner / Applicant: Jie Yao / SC Design Group
Staff Planner: Michael Fossati
14639 Big Basin Way
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SUMMARY
ZONING GENERAL PLAN DESIGNATION
Commercial-Historic 2 (CH-2) Commercial Retail (CR)
PARCEL SIZE AVERAGE SLOPE
16,852 square feet (net lot size) 18.3%
GRADING REQUIRED
732 cubic yards (694 c.y. of cut and 38 c.y. of fill)
PROJECT DESCRIPTION:
The applicant is requesting modifications to a previous design review, conditional use permit
and tentative map approval to construct a mixed-use project that includes one two-story
commercial building, a four-car attached garage and two residential townhomes.
STAFF RECOMMENDATION:
Adopt Resolution No. 13-006 approving the project subject to conditions of approval.
2
19
PROJECT DATA
Net Lot Size:
16,852 sq. ft.
Proposed Allowed
Density 3 units 8 units
Floor Area
Townhouse #1:
Townhouse #2:
Commercial Building:
Garage:
Total
1,451 sq. ft.
1,451 sq. ft.
3,068 sq. ft.
815 sq. ft.
6,785 sq. ft.
Floor Area not limited.
The City may impose no
condition limiting the
percentage of the total
allowable residential floor
area on a mixed-use site to
less than or equal to fifty
percent.
Proposed Building Coverage *
3,370 sq. ft. (20%)
60% Maximum
Pedestrian Open Space 11,155 sq. ft. (67%) 20% Minimum
Setbacks
Front:
Left Side:
Right Side:
Rear:
15’
5’
5’
119’
15’
No setback required
No setback required
No setback required from
top bank of creek
Height (Office/Commercial)
Lowest Elevation Point:
Highest Elevation Point:
Average Elevation Point:
Proposed Topmost Point:
516.40’
517.60’
517.00’
543.00’ (26’)
Maximum Building
Height is 543.00’
(26 Feet)
Height (Garage)
Lowest Elevation Point:
Highest Elevation Point:
Average Elevation Point:
Proposed Topmost Point:
515.60’
516.40’
516.00’
540.75’ (24’9”)
Maximum Building
Height is 542.00’
(26 Feet)
Height (Townhomes)
Lowest Elevation Point:
Highest Elevation Point:
Average Elevation Point:
Proposed Topmost Point:
505.60’
515.40’
510.40’
536.50’ (26’)
Maximum Building
Height is 536.50’
(26 Feet)
* Commercial Districts only limit site coverage with structures, not with paving or impervious surfaces.
3
20
Background
The mixed-use project was previously reviewed and approved on July 25, 2012. The
property has changed owners. The new owner is requesting modifications to the previous
design. Those modifications include the following:
• Increase the office / retail square footage by 217 sq. ft. by projecting a portion of
the front elevation of the commercial building.
• Increase the townhomes square footage by 86 sq. ft. (43 sq. ft. for each
townhome). The addition allows an additional bedroom to be added to each
second floor unit. The previous project had only one bedroom on the second
floor.
• Move the exterior parking space closer to Townhouse #2
• Modify the front door location of the townhouses. Primary access is gained by
walking down steps from the outside and coming in from the side. The previous
project had the primary access directly through the front.
• Change the allowable access into the basement from either an internal stairwell or
an external light well. The previous project only allowed access from an internal
stairwell.
The applicant has submitted a letter to the City explaining the updated proposal. That letter
has been included as Attachment 2.
Overall Design
The overall design has remained relatively the same as was previously approved. The
proposed exterior (horizontal wood siding and wood shingle) and metal roof, divided lite
windows, wood frame entry doors and “carriage” garage doors will remain. The most
prominent differences is the increase floor areas along the front elevation of the first and
second floor of the commercial building and the primary access from the townhomes being
changed from the front into the side. The architectural plans of the previous submittal have
been included as Attachment #3.
Neighbor Correspondence
Staff sent a “Notice of Public Hearing” to all property owners within 500 feet of the subject
property. The public hearing notice and description of the project was published in the
Saratoga News. Staff has not received any comments regarding the modification of the
project.
ENVIRONMENTAL DETERMINATION: The project is Categorically Exempt from the
Environmental Quality Act (CEQA) pursuant Section 15303, 15315 and 15332 of the Public
Resources Code. Section 15303 allows “new construction or conversion of small
structures”, which, in an urbanized area, applies to up to four commercial buildings, not
exceeding 10,000 square feet, as long as the building are not involved with the use of a
significant amount of hazardous substances, where all necessary public services and facilities
are available and the surrounding area is not environmentally sensitive. Section 15315
allows “the division of property within an urbanized area zoned residential or commercial
4
21
5
into four or fewer parcels, when the division is in conformance with the General Plan and
zoning, no variances or exceptions are required, all services and access to the proposed
parcels to local standards are available, the parcel is not involved in a division of a larger
parcel within the previous two years, and the parcel does not have an average slope greater
than 20 percent”. Section 15332 allows “projects characterized as in-fill development
meeting conditions, such as, conformance with the applicable general plan designation and
all general plan policies, zoning designation, and regulations”. The project is proposing new
construction of one commercial building and two residential buildings (a total of three
buildings), the subdivision of three parcels, all within an urbanized area, consistent with
general plan, zoning policies and regulations. The project sponsor has not requested any
variance or exception for the proposed entitlements.
STAFF RECOMMENDATION
Adopt Resolution No. 13-006 approving the project subject to conditions of approval.
ATTACHMENTS:
1. Resolution of Approval – 14639 Big Basin Way
2. Letter submitted by SC Design Group, dated 1/15/13
3. Approved plans, PDR11-0030
4. Public hearing notice, mailing addresses, and map for project notification
5. Reduced Plans, Exhibit "A.”
22
20370 Town Center Lane
Cupertino, CA 95014
408.865.0577
January 15, 2013
City of Saratoga
Planning Department
13777 Fruitvale Avenue
Saratoga, CA 95070
Attn: Michael Fossati
RE: Updated Proposal for Tollgate Building 14639 Big Basin Way
Dear Mr. Fossati,
The following list outlines the primary differences between the formerly approved
proposal dated 5.25.2012 prepared by Metro Design Group and the current proposal
dated 1.17.2013 prepared by SC Design Group.
We view the changes as improvements in quality over the prior design. This should help
assure the long-term viability of both the commercial and residential components of
this development. We find this to be of particular importance when investing in a
location such as downtown Saratoga.
FLOOR AREA
- At the office/retail, the square footage has increased from 2851 SF to 3068 SF
(+217 SF). We gain this space by reconfiguring the floor plan to while still keeping
the street-front (south) and driveway-side (west) elevations effectively as
designed in the first proposal. Most of the added square footage goes towards
the ground level retail space so that we can attract a longer-term high-quality
tenant.
- At the townhouses, the square footage has increased in each townhouse from
1408 SF to 1451 SF (+43 SF each…Total gain is 86 SF). It was very important for us
to get 2 bedrooms on the 2nd floor opposed to the prior proposal which had a
master on the 2nd floor and a 2nd bedroom in the basement.
23
SITE
- The exterior parking space has been moved to a parallel spot opposite the
garage doors.
- Primary access to the townhouses is now gained by walking down steps on the
outside of the structures.
- Lightwells have been provided at each townhouse to make the basement more
of a useable space which is critical in such tightly designed housing.
LOOK & MASSING
- ALL of the interior floor heights & building ridge heights are unchanged.
- The footprint of the townhouses was mirrored which provides greater clearance
from Tree #6 (large live oak).
- The material scheme of the townhouses was improved to be in-line with the front
structure by providing variation between lap & shake siding. In addition there is
more effort to break up the massing of the street-facing elevation by
incorporating rooflets as well as columns similar to the front building.
Outside of those changes, the current project is effectively the same as the prior.
Thank you,
Stephen Mott
24
CITY OF SARATOGA
Community Development Department
13777 Fruitvale Avenue
Saratoga, CA 95070
(408) 868-1222
NOTICE OF PUBLIC HEARING
The City of Saratoga’s Planning Commission announces the following public hearing on:
Wednesday, the 13th day of February 2013, at 7:00 p.m.
The public hearing will be held in the City Hall Theater located at 13777 Fruitvale Avenue. The
public hearing agenda item is stated below. Details of this item are available at the Saratoga
Community Development Department, Monday through Friday 7:30 a.m. – 5:00 p.m. Please
consult the City website at www.saratoga.ca.us regarding Friday office closures.
APPLICATION/ADDRESS: MOD13-0001 / 14639 Big Basin Way
APPLICANT/OWNER: Yao / SC Design Group
APN: 503-25-013
DESCRIPTION: The applicant is minor modifications to an existing Design Review (PDR12-
0011) and Conditional Use Permit (CUP12-0004) approval to construct a two-story commercial
building (1097 sq. ft. on the first floor and 1,754 sq. ft. on the second floor), four-car garage, and
two residential townhouses. Each townhouse will be approximately 1,400 sq. ft. in size, not
including an approximate 700 sq. ft. basement.
All interested persons may appear and be heard at the above time and place. If you challenge a
decision of the Planning Commission pursuant to a Public Hearing in court, you may be limited to
raising only those issues you or someone else raised at the Public Hearing. In order for information
to be included in the Planning Commission’s information packets, written communications should
be filed on or before Tuesday, February 5, 2013.
This notice has been sent to all owners of property within 500 feet of the project that is the subject
of this notice. The City uses the official roll produced by the County Assessor’s office annually, in
preparing its notice mailing lists. In some cases, out-of-date information or difficulties with the U.S.
Postal Service may result in notices not being delivered to all residents potentially affected by a
project. If you believe that your neighbors would be interested in the project described in this
notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone
in your Community has as much information as possible concerning this project.
Michael Fossati
Planner
(408) 868-1212
25
Parcel Number Owner Name Owner Address Owner City, State Zip
#5068 OWNERSHIP LISTING Prepared for: 14639 Big Basin Way
503-25-007 BIG BASIN LLC 14573 BIG BASIN WAY SARATOGA CA 95070
503-25-008 PAUL L & FRANCES E FLANAGAN 14658 NELSON WAY SAN JOSE CA 95124
503-25-012 DAVIES C H PO BOX 2039 SARATOGA CA 95070
503-25-013 EUGENE L & THI TRAN ZAMBETTI P O BOX 34 SARATOGA CA 95071
503-25-015 JONGHOON & SUE RYUNG KANG 14651 BIG BASIN WAY SARATOGA CA 95070
503-25-016 JOSEPH J FITZSIMMONS 14611 BIG BASIN WAY #E SARATOGA CA 95070
503-25-021 S C V W D 5750 ALMADEN EXPY SAN JOSE CA 95118
503-25-022 THOMAS E PARKER 559 SHEFFIELD AVE CARDIFF CA 92007
503-25-025 MARK J & CATHLEEN M PETERSEN 45 MONTGOMERY ST LOS GATOS CA 95030
503-25-026 NERN PROPERTIES LLC 676 CAMELLIA WAY LOS ALTOS CA 94024
503-25-028 PAUL L & FRANCES E FLANAGAN 14658 NELSON WAY SAN JOSE CA 95124
503-25-029 JOSEPH J FITZSIMMONS 14611 BIG BASIN WAY #E SARATOGA CA 95070
503-25-031 SARATOGA CITY OF 13777 FRUITVALE AVENUE SARATOGA CA 95070
503-25-032 PLUMED HORSE PROP LLC 14555 BIG BASIN WAY SARATOGA CA 95070
503-25-036 JULIA & ROGET UYS 20650 4TH ST 3 SARATOGA CA 95070
503-25-037 KLAUS W & YVONNE C PACHE 20650 FOURTH ST #4 SARATOGA CA 95070
503-25-038 ALLEN W & SAUNDRA L HILL 20650 4TH ST #5 SARATOGA CA 95070
503-25-039 ANKUSH K BAHL 14645 BIG BASIN WAY SARATOGA CA 95070
503-25-040 KENNETH S & SWARAN B BAHL 14645 BIG BASIN WAY SARATOGA CA 95070
503-25-041 KENNETH S & SWARAN B BAHL 14645 BIG BASIN WAY SARATOGA CA 95070
503-26-018 S C V W D 5750 ALMADEN EXPY SAN JOSE CA 95118
503-59-001 SARATOGA OAKS HOMEOWNERS ASSOCIATION 1935 DRY CREEK RD #203 CAMPBELL CA 95008
503-59-002 S C V W D 5750 ALMADEN EXPY SAN JOSE CA 95118
503-59-003 SARATOGA OAKS HOMEOWNERS ASSOCIATION 1935 DRY CREEK RD #203 CAMPBELL CA 95008
503-61-001 FELIX & ISABELLA MARKHOVSKY 14630 SPRINGER CT SARATOGA CA 95070
503-61-002 ELKE S DOYLE 14632 SPRINGER CT SARATOGA CA 95070
503-61-003 QUINLAN SHEILA E TR/TR 14634 SPRINGER CT SARATOGA CA 95070
503-61-004 HANNAH S COMISKY 19324 MONTE VISTA DR SARATOGA CA 95070
503-61-005 ANDREW M DEVINE 14638 SPRINGER CT SARATOGA CA 95070
503-61-006 ENID O SHOOR 14640 SPRINGER CT SARATOGA CA 95070
503-61-007 ELIZABETH J NICKERSON 14642 SPRINGER CT SARATOGA CA 95070
503-61-008 ADRIENNE R IWANAGA 14644 SPRINGER CT SARATOGA CA 95070
503-61-009 DOUGLAS F & CECILIA A DESMOND 14646 SPRINGER CT SARATOGA CA 95070
503-61-010 PATRICIA L BAGNATO 1610 CABERNET LN SAINT HELENA CA 94574
503-61-011 JOYCE A HLAVA 14662 SPRINGER AVE SARATOGA CA 95070
503-61-012 RUBY COAKLEY 14664 SPRINGER AVE SARATOGA CA 95070
503-61-013 SYVERTSON TRUST/FAM TR 14666 SPRINGER AVE SARATOGA CA 95070
503-61-014 LEE S GREY 14668 SPRINGER AVE SARATOGA CA 95070
503-61-015 METE KARAKUCUK 14670 SPRINGER AVE SARATOGA CA 95070
503-61-016 ROSEMARIE WOODRUFF 14656 SPRINGER AVE SARATOGA CA 95070
503-61-017 VADIM & TANYA ZALIVA 14654 SPRINGER AVE SARATOGA CA 95070
503-61-018 ROY E COMBS PO BOX 308 SARATOGA CA 95071
503-61-019 SHU-HUNG & YEN SHU-FEN KUNG 14650 SPRINGER AVE SARATOGA CA 95070
503-61-020 PHYLLIS & KLEINMAN KLEINMAN 14636 PLACIDA CT SARATOGA CA 95070
503-61-021 PETER R & TAMMY T VOIGTS 14638 PLACIDA CT SARATOGA CA 95070
503-61-022 PAMELA M & THEODORE W MAO 14640 PLACIDA CT SARATOGA CA 95070
503-61-023 SALVADORE FAMILY TR 14642 PLACIDA CT SARATOGA CA 95070
503-61-024 HELEN G FBO FRANCIS BYPASS FRANCIS 14644 PLACIDA CT SARATOGA CA 95070
503-61-025 ERNEST T & ROSEMARY P HARPER 14646 PLACIDA CT SARATOGA CA 95070
503-61-026 KLEINMAN PROPERTIES LP 14648 PLACIDA CT SARATOGA CA 95070
503-61-027 MICHAEL & KELLIE BALLARD 11100 CRIPPLEGATE RD POTOMAC MD 20854
503-61-028 SANDER TRUST 14652 PLACIDA CT SARATOGA CA 95070
503-61-029 ANUPAMA C & HIMANSHU POKHARNA 14654 PLACIDA CT SARATOGA CA 95070
503-61-030 DEUTSCHE BANK NATIONAL TRUST COMPANY TT 3476 STATEVIEW BLVD FORT MILL SC 29715
503-61-031 GALEN L & PHYLLIS A GUNDERSON 14658 PLACIDA CT SARATOGA CA 95070
503-61-032 AYAN & AMITA MUKERJI 14660 WILD BERRY LN SARATOGA CA 95070
503-61-033 QIAN HUANG 14662 WILD BERRY LN SARATOGA CA 95070
503-61-034 JANET GOLDSTEIN 14664 WILD BERRY LN SARATOGA CA 95070
503-61-035 RAYMOND M TAYLOR 14666 WILD BERRY LN SARATOGA CA 95070
503-61-036 SHU CHUNG & LEUNG SUK-YIN MAR 14668 WILD BERRY LN SARATOGA CA 95070
503-63-001 GATEHOUSE CONDOMINUM HOMEOWNERS ASSN2542 S BASCOM AVE #170 CAMPBELL CA 95008
26
503-63-002 ANTHONY & YAU LOUISA YUNG 6446 MERLIN DR CARLSBAD CA 92011
503-63-003 ANN F MCGRATH 20810 4TH ST #3 SARATOGA CA 95070
503-63-004 SANDRA KAMIAK 20810 4TH ST #4 SARATOGA CA 95070
503-63-005 JUNE & MANTELLI DAVID ESPINOSA 20812 4TH ST #1 SARATOGA CA 95070
503-63-006 KATHRYN B WARREN 501 CLIFFSIDE CT PT RICHMOND CA 94801
503-63-007 CATHRINE STEINBORN 20812 4TH ST #3 SARATOGA CA 95070
503-63-008 MARCELLINE E HOUDE 20812 4TH ST #4 SARATOGA CA 95070
503-63-009 JAMES B & CATHERINE COCHRANE 13615 VAQUERO CT SARATOGA CA 95070
503-63-010 STANLEY A & MIRIAM L DEMARTINIS 2737 E WOODBRIDGE RD ACAMPO CA 95220
503-63-011 CHI LAN & WAI MAN WONG 20812 4TH ST 7 SARATOGA CA 95070
503-63-012 BRIAN R & ANITALYNN M TIGHE 6374 CANDLEWOOD CT CUPERTINO CA 95014
503-63-013 ROBERT M JAKOB 640275 P O BOX SAN FRANCISCO CA 94164
503-63-014 BRIAN R & ANITALYNN M TIGHE 6374 CANDLEWOOD CT CUPERTINO CA 95014
503-63-015 EDWARD FLIPPER JENG 20812 4TH ST 11 SARATOGA CA 95070
503-63-016 TIGHE BRIAN RODERICK TR/TR 20812 4TH ST 12 SARATOGA CA 95070
503-63-017 MEHRDAD AGHAEBRAHIM 20812 4TH ST #15 SARATOGA CA 95070
503-63-018 OLGA N LVOV 200 E DANA ST #E110 MOUNTAIN VIEW CA 94041
503-63-019 COURTNEY CRASE 20061 CHATEAU DR SARATOGA CA 95070
503-63-020 TUNG-SHENG & YU LI-MEI LI 20812 4TH ST #16 SARATOGA CA 95070
503-63-021 GARY L & DIANE ZARECKY 20812 4TH ST #19 SARATOGA CA 95070
503-63-022 GUANGHUI & ZENG XINYANG QIAN 20812 4TH ST #18 SARATOGA CA 95070
503-63-023 KOICHI & LINDA YAMAGUCHI 13761 HOWEN DR SARATOGA CA 95070
503-63-024 LORRAINE A WHEELER 20812 4TH ST #20 SARATOGA CA 95070
503-63-025 THOMAS M & PAULA A BRENNOCK 20812 4TH ST #23 SARATOGA CA 95070
503-63-026 PAUL C TONG 20812 4TH ST #22 SARATOGA CA 95070
503-63-027 PATRICK & HYUN KUGLER 18481 MONTPERE WAY SARATOGA CA 95070
503-63-028 CHRISTOPHER G & XU LIN BOSSOLINA 20812 4TH ST #24 SARATOGA CA 95070
503-63-029 THOMAS E & SASCHA M LALE 20760 4TH ST #11 SARATOGA CA 95070
503-63-030 JUNE YOUN JIN & SOO YEON KWON 20760 4TH ST #12 SARATOGA CA 95070
503-63-031 LAURA E BRASH 20760 4TH ST #9 SARATOGA CA 95070
503-63-032 VINCENT & SU LI-WEN SY 20760 4TH ST #10 SARATOGA CA 95070
503-63-033 VIKTOR SCHRANZ 20760 4TH ST #7 SARATOGA CA 95070
503-63-034 RONALD A ANDERSON 20760 4TH ST #8 SARATOGA CA 95070
503-63-035 SIU MEI SILCOX 20760 4TH ST #5 SARATOGA CA 95070
503-63-036 JANARDHANAN S & RAMESH SUNITHA AJIT 13 WILLIAMS WAY DURHAM NH 3824
503-63-037 YOSHIHISA & TOKIKO OGINO 20760 4TH ST #3 SARATOGA CA 95070
503-63-038 KENNETH J CZWORNIAK 20760 4TH ST #4 SARATOGA CA 95070
503-63-039 CYNTHIA L BAUER 20760 4TH ST #1 SARATOGA CA 95070
503-63-040 HOSSEIN & AZITA SOBHANI 20760 4TH ST #2 SARATOGA CA 95070
503-63-041 TOM T CHEN 20740 4TH ST #11 SARATOGA CA 95070
503-63-042 STEPHEN & ANNE BOBORICKEN 11870 FRANCEMONT DR LOS ALTOS HILLS CA 94022
503-63-043 ALAIN J DEFRENNE 16265 GREENWOOD LN MONTE SERENO CA 95030
503-63-044 ANDREA LEE 20740 4TH ST #10 SARATOGA CA 95070
503-63-045 ANDREY A KHARISOV 20740 4TH ST #7 SARATOGA CA 95070
503-63-046 DAVID M FRADIN 20740 4TH ST #8 SARATOGA CA 95070
503-63-047 JAY M STEARNS 14686 FIELDSTONE DR SARATOGA CA 95070
503-63-048 ROSE S KOOT 220 WEDGEWOOD AVE LOS GATOS CA 95032
503-63-049 ALBERT & LANCY WONG 20740 4TH ST #3 SARATOGA CA 95070
503-63-050 VICTOR & REGINA VELTON 4662 BLUERIDGE DR SAN JOSE CA 95129
503-63-051 JULIA & ROGET UYS 20740 4TH ST 1 SARATOGA CA 95070
503-63-052 AREVIG ANTABLIAN 20740 4TH ST #2 SARATOGA CA 95070
503-63-053 HIROSHI & TAKAKO FUJIGAMI 20720 4TH ST #17 SARATOGA CA 95070
503-63-054 JOHN P & CHRISTINA D BLACK 20720 4TH ST #16 SARATOGA CA 95070
503-63-055 BAKTYGUL ZHUMABAYEVA 20720 4TH ST #15 SARATOGA CA 95070
503-63-056 KATHLEEN C SODERSTROM 12896 PIERCE RD SARATOGA CA 95070
503-63-057 JIN W & MIN K PARK 20720 4TH ST #11 SARATOGA CA 95070
503-63-058 SALVADOR BORJA 230 LILLE LN #214 NEWPORT BEACH CA 92663
503-63-059 JANICE R GAUTHIER 20720 4TH ST #9 SARATOGA CA 95070
503-63-060 HSUEH H & HUNG WEI TAI 21315 LUMBERTOWN LN SARATOGA CA 95070
503-63-061 SHELLIE S WILLIAMS 20720 4TH ST #7 SARATOGA CA 95070
503-63-062 GEORGE E & NANCY G KIRK 20270 LA PALOMA AVE SARATOGA CA 95070
503-63-069 LINDA A BARCOMB 20700 4TH ST #11 SARATOGA CA 95070
503-63-070 LESLIE DAVIS 20700 4TH ST #12 SARATOGA CA 95070
503-63-071 NOVELLE V KELLY 20700 4TH ST #9 SARATOGA CA 95070
27
503-63-072 NATALIE J WEISKAL 20700 4TH ST #10 SARATOGA CA 95070
503-63-073 WAYNE C & SU TI CHANG P O BOX 3791 LOS ALTOS CA 94024
503-63-074 MICHAEL E & GAYLE L ARCHER 956 FAIRWAY PARK DR INCLINE VILLAGE NV 89451
503-63-075 DENNIS C & GRACE LEUNG 4685 TORREY PINES CIR SAN JOSE CA 95124
503-63-076 MARK C LIANIDES 220 WEDGEWOOD AVE LOS GATOS CA 95032
503-63-077 SYLVAN E LEPIANE 15890 SHANNON RD LOS GATOS CA 95032
503-63-078 JOAN C GOLDMAN 1624 LYLE DR SAN JOSE CA 95129
503-63-079 NILESH V & DESHMUKH MADHAVI KULKARNI 20700 4TH ST #1 SARATOGA CA 95070
503-63-080 ROBERT FU LEE CHENG 20700 4TH ST #2 SARATOGA CA 95070
503-63-081 JOHN K & SUE KANG TANAKA 20800 4TH ST #11 SARATOGA CA 95070
503-63-082 MABEL KAO 20800 4TH ST #12 SARATOGA CA 95070
503-63-083 CFS INVESTMENTS 105 CRIDER CT LOS GATOS CA 95032
503-63-084 KIT CHU LAM 20800 4TH ST 10 SARATOGA CA 95070
503-63-085 SATORU & KIMIKO MIYOSHI 20800 4TH ST #7 SARATOGA CA 95070
503-63-086 ROBERT A & YVONNE L DUNCANSON 20800 4TH ST #8 SARATOGA CA 95070
503-63-087 YASHIKA P DEVA 20800 4TH ST 5 SARATOGA CA 95070
503-63-088 JOSEPH A & MILDRED I PLICKA 9267 DOVE CT GILROY CA 95020
503-63-089 JOSEPH P & SUSAN D LONG 14215 DOUGLASS LN SARATOGA CA 95070
503-63-090 MIN HUEI HU 20800 4TH ST #4 SARATOGA CA 95070
503-63-091 FRED L & DORINE ALVORD 13782 CALLE TACUBA SARATOGA CA 95070
503-63-092 CHIH-PING A & CINDY L FAN 20800 4TH ST #2 SARATOGA CA 95070
503-63-093 SCIOLTO NICKY V TR/TR 20790 4TH ST 7 SARATOGA CA 95070
503-63-094 MICHAEL E & GAYLE L ARCHER 956 FAIRWAY PARK DR INCLINE VILLAGE NV 89451
503-63-095 STEVEN AH-FUNG SIT 6321 WISTERIA WAY SAN JOSE CA 95129
503-63-096 MICHAEL E & GAYLE L ARCHER 956 FAIRWAY PARK DR INCLINE VILLAGE NV 89451
503-63-097 JENNIFER L PAOLI 16280 LOS SERENOS ROBLES MONTE SERENO CA 95030
503-63-098 MEHRAN & AVIDEH Y SAMARDAR 6555 LITTLE FALLS DR SAN JOSE CA 95120
503-63-099 SHAO YING YE 20790 4TH ST #1 SARATOGA CA 95070
503-63-100 DONALD S & KATHLEEN M MANZAGOL 12078 SADDLE RD MONTEREY CA 93940
503-63-101 ELIE G & CRISPINA J YOUNES 1582 CALCO CREEK DR SAN JOSE CA 95127
503-63-102 MICHELE S CASTILLO 1636 VILLARITA DR CAMPBELL CA 95008
503-63-103 KELLY & ANN ALBERTS 2252 CORTE CICUTA CARLSBAD CA 92009
503-63-104 ALAN KORGAV 20780 4TH ST #10 SARATOGA CA 95070
503-63-105 CHRISTINE M ZAK 20780 4TH ST #7 SARATOGA CA 95070
503-63-106 STANTON JULIET A TR/TR 20780 4TH ST 8 SARATOGA CA 95070
503-63-107 ERIKA R JOHNSON 20780 4TH ST #5 SARATOGA CA 95070
503-63-108 WILLIAM T & DORENE G MALANCZUK 20780 4TH ST #6 SARATOGA CA 95070
503-63-109 RICHARD F & PATRICIA J BADER 21120 MICHAELS DR SARATOGA CA 95070
503-63-110 NATALIA JIMENEZ 20780 4TH ST #4 SARATOGA CA 95070
503-63-111 STEPHEN H BURGER 20780 4TH ST #1 SARATOGA CA 95070
503-63-112 KATHRYN B WARREN 501 CLIFFSIDE CT PT RICHMOND CA 94801
503-67-001 KATHLEEN FITZSIMMONS 14605 BIG BASIN WAY SARATOGA CA 95070
503-67-002 KATHLEEN FITZSIMMONS 14605 BIG BASIN WAY SARATOGA CA 95070
503-67-003 MICHAEL D & JANICE E FITZSIMMONS 165 SUMMERFIELD ST DANVILLE CA 94506
503-67-004 KATHLEEN FITZSIMMONS 14605 BIG BASIN WAY SARATOGA CA 95070
503-67-005 MARY B BOSCOE PO BOX 2423 SARATOGA CA 95070
503-67-006 KATHLEEN FITZSIMMONS 14605 BIG BASIN WAY SARATOGA CA 95070
503-76-001 FENG-YING CHEN LIN 603 FOREST AVE PALO ALTO CA 94301
503-76-002 JOSEPHINE E CHOW 14587 BIG BASIN WAY SARATOGA CA 94005
503-76-003 TAI & ESTHER CHI P O BOX 536 BRISBANE CA 94005
503-76-004 BRIAN J & HEEKYUNG CHO UYENO 14591 BIG BASIN WAY SARATOGA CA 95070
503-76-005 MICHAEL J RUBENSTEIN 14593 BIG BASIN WAY SARATOGA CA 95070
503-76-006 OVIDIO R & WENDY A CALVO 14595 BIG BASIN WAY SARATOGA CA 95070
503-76-007 HIRTH MARK W TR/TR 14597 BIG BASIN WAY SARATOGA CA 95070
503-76-008 VADIM D STEPANCHENKO 14599 BIG BASIN WAY #H SARATOGA CA 95070
503-76-009 JUNE F CHEN PO BOX 2963 SARATOGA CA 95070
517-07-010 DEAN HICKMAN-SMITH 20761 PAMELA WAY SARATOGA CA 95070
517-07-011 ROBERT T & KATHLYNN K UENAKA 20777 PAMELA WAY SARATOGA CA 95070
517-07-012 BREWER MURRAY LYNN TR/TR 20793 PAMELA WAY SARATOGA CA 95070
517-07-013 DON W & TRACY G NOBLES 20801 PAMELA WAY SARATOGA CA 95070
517-07-014 MARY L DUTRO 20820 BIG BASIN WAY SARATOGA CA 95070
517-08-001 WALTER S & MARILYN R MARCHETTI 20701 ST CHARLES ST SARATOGA CA 95070
517-08-002 DEL POZO BETSY ADMINISTRATOR 2658 DELMAR HEIGHTS RD #26DELMAR CA 92014
517-08-003 DEL POZO BETSY ADMINISTRATOR 2658 DELMAR HEIGHTS RD #26DELMAR CA 92014
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517-08-004 MICHAEL & CAROL MAULDIN 21766 GRANADA AVE CUPERTINO CA 95014
517-08-005 JOSEPH P LONG 14630 BIG BASIN WAY SARATOGA CA 95070
517-08-010 FRANK BEHNKE 14510 BIG BASIN WAY #161 SARATOGA CA 95070
517-08-011 CHARLES J & ELSBETH R STAUSS P.O. BOX 2265 SARATOGA CA 95070
517-08-012 BEHNKE TRUST 20656 5TH ST SARATOGA CA 95070
517-08-017 CRAIG & HARRISON SARI AMBROSE 14683 OAK ST SARATOGA CA 95070
517-08-018 JEANNE ALEXANDER 14701 OAK ST SARATOGA CA 95070
517-08-022 COVELL G & ANN M D PO BOX 1202 CARMEL CA 93921
517-08-023 RONALD A & LINDA S RINGSRUD 14706 6TH ST SARATOGA CA 95070
517-08-024 GWEN E FRANCIS 14700 ST CHARLES ST SARATOGA CA 95070
517-08-025 BALAKRISHNAN BALU TR/FAM TR 20731 ST CHARLES ST SARATOGA CA 95070
517-08-048 GLADYS P HERNANDEZ 19641 CHARTERS AVE SARATOGA CA 95070
517-08-053 GEORGE L & MARY G BURNE 20713 ST CHARLES ST SARATOGA CA 95070
517-08-054 MARC HOFFMAN 20723 ST CHARLES ST SARATOGA CA 95070
517-08-055 SHASHI KUMAR 20729 ST CHARLES ST SARATOGA CA 95070
517-08-056 DONG TRACY CHEN 20719 ST CHARLES ST SARATOGA CA 95070
517-08-058 BEHNKE TRUST 13691 BEAUMONT AVE SARATOGA CA 95070
517-08-060 BEHNKE TRUST 14655 OAK ST #1 SARATOGA CA 95070
517-08-061 JOHN W HOLLINGSWORTH 14739 OAK ST SARATOGA CA 95070
517-08-065 DELOS L KNIGHT 14602 BIG BASIN WAY SARATOGA CA 95070
517-08-066 DAY PEGGY L TR 14608 BIG BASIN WAY SARATOGA CA 95070
517-08-067 SANGEETA T JOSHI 14610 BIG BASIN WAY SARATOGA CA 95070
517-08-068 CC CALHOUN ENTS INC 14598 BIG BASIN WAY A SARATOGA CA 95070
517-08-069 JEFFREY L & GAYLENE WYATT 14598 BIG BASIN WAY #C SARATOGA CA 95070
517-08-070 JEFF & GAYLENE WYATT 14577 BIG BASIN #2A SARATOGA CA 95070
517-08-077 JOSEPH P & LISA M MORIARTY 20711 SAINT CHARLES ST #5 SARATOGA CA 95070
517-08-078 BRIAN M & LYNDELL S KING 20705 ST CHARLES ST SARATOGA CA 95070
517-08-079 TJA INVESTMENTS LLC 215 WILDER AVE LOS GATOS CA 95030
517-08-080 CHOON HEE KIM 14618 BIG BASIN WAY SARATOGA CA 95070
517-08-081 RUCHI AGARWAL 14620 BIG BASIN WAY #4001 SARATOGA CA 80129
517-09-058 MISCHEL K POSTAS 438 W CAMPBELL AVE CAMPBELL CA 95008
517-09-083 SARATOGA CITY OF 13777 FRUITVALE AVENUE SARATOGA CA 95070
517-29-001 DOUGLAS M & PROSEK VALERIE CATES 14662 BIG BASIN WAY #A SARATOGA CA 95070
517-29-002 LARRY W GRACE 14662 B BIG BASIN WAY SARATOGA CA 95070
517-29-003 FIROUZEH HOVEIDARAD 683 LOS OLIVOS DR SANTA CLARA CA 95050
517-29-004 FRANK J & JUDITH M MARSHALL 14510 BIG BASIN WAY #265 SARATOGA CA 95070
517-29-005 HARISH BELUR 14664 BIG BASIN WAY #C SARATOGA CA 95070
517-29-006 WING-HONG PATRICK LIN 1141 FAIRVIEW AVE #M ARCADIA CA 91007
517-29-007 HENSLIN FAMILY TR 14666 A3 BIG BASIN WAY 3 SARATOGA CA 95070
517-29-008 JENNIFER BOLDRINI 14666 B BIG BASIN WAY SARATOGA CA 95030
517-29-009 MI SOOK & YONGTAE KIM 14666 C BIG BASIN WAY #C SARATOGA CA 95070
517-29-010 FRANK J & JUDITH M MARSHALL 14510 BIG BASIN WAY #265 SARATOGA CA 95070
517-29-011 KAREN A GENOVESE 14650 BIG BASIN WAY #C SARATOGA CA 95070
517-29-012 GAYLEN W & ELIZABETH LEISHMAN 14510 BIG BASIN WAY SARATOGA CA 95070
517-29-013 WON KOO & JEONG OK LEE 14652 B BIG BASIN WAY SARATOGA CA 95070
517-29-014 LIFEN & CAI LIHONG FANG 14652 BIG BASIN WAY #A SARATOGA CA 95070
517-29-015 MARILYN H BOWERS 675 SHARON PARK DR #217 MENLO PARK CA 94025
517-29-016 SUSAN NAZHAND 14652 BIG BASIN WAY #C SARATOGA CA 95070
517-29-017 CELLAR BARBARA C TR 14654 BIG BASIN WAY #A SARATOGA CA 95070
517-29-018 EUGENE & JULIA SATSUTA 14654 BIG BASIN WAY SARATOGA CA 95070
517-29-019 JHEE CHULL M MUN 14654 BIG BASIN WAY #23 SARATOGA CA 95070
517-29-020 SANDRA L HAYDON 135 ALTURA VISTA LOS GATOS CA 95032
517-29-021 MICHELLE LIN 14656 C BIG BASIN WAY #C SARATOGA CA 95070
517-29-022 HAU CHING LIAO 13937 LYNDE AVE SARATOGA CA 95070
517-29-023 MARGARET C BURRELL 14658 A BIG BASIN WAY #9 SARATOGA CA 95070
517-29-024 CHI WEI FAN 14658 C25 BIG BASIN WAY 26 SARATOGA CA 95070
517-29-025 ROBERT N BLANCHARD 14658 B BIG BASIN WAY SARATOGA CA 95070
517-29-026 GEORGE E & COSENTINO PAUL COSENTINO-ROU 6585 LITTLE FALLS DR SAN JOSE CA 95120
517-29-027 DOUGLAS A LOVIN 14660 A BIG BASIN WAY SARATOGA CA 95070
517-29-028 STANLEY CHANG 14660 BIG BASIN WAY #C SARATOGA CA 95070
517-29-029 SHANTI DEV 14660 BIG BASIN WAY #D SARATOGA CA 95070
Number Noticed 250
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Advanced Listing Services
Ownership Listings & Radius Maps
P.O. Box 2593 •Dana Point, CA •92624
Office: (949) 361-3921 •Fax: (949) 361-3923
www.Advancedlisting.com
Subject APN: 503-25-013 Address: 14639 BIG BASIN WAY
500’ Radius SARATOGA CA 95070
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REPORT TO THE
PLANNING COMMISSION
Meeting Date: March 13, 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 modifies the definitions of market and retail
establishments, adds a new definition for alcoholic beverages and would allow retail
establishments, markets, hotels, and bed and breakfast establishments 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:
Adopt Resolution No. 13-007 recommending 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.
February 23, 2013 Meeting Summary
The Planning Commission reviewed the amended draft ordinance at their February 23rd
meeting and, after thorough discussion, requested the following items be addressed:
• Amend the existing definitions of “retail establishment” and “market”
• Review the feasibility of separating “bar” from the definition of a “restaurant”.
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• Create a new section within Article 15-19 that speaks specifically to alcohol related
uses.
• Amend the hours of operation for permitted uses that allow the retail sales of beer
and/or wine for off-site consumption.
• Research the amount of floor area allowed for retail beer and/or wine sales as an
accessory use.
• Create language to permit hotels, and bed and breakfast establishments to sell beer
and/or wine for on-site and off-site consumption in commercial zoning districts.
The preceding items are discussed below:
Amend existing definitions between “retail establishment” and “market”.
In order to create greater clarity for the definition of “market”, staff proposes the following
code amendments for review and approval. All proposed language has been double-
underlined and any language to be removed has been stricken-through.
15-06.441 – Market
“Market” means an establishment where 25% or more (or more than 2,000 square
feet) of the total floor area is dedicated to food sales for off-site human consumption.
which sells or offers for sale to the public any food or drink for human consumption
off-site, with the exception of a tasting room as defined in this Article or a lawfully
located mobile canteen or other mobile unit as defined in Article 7-25.
15-06.560 - Retail establishment
"Retail establishment" means a use engaged in providing retail sale or rental of items
primarily intended for consumer or household use, including (but not limited to)
establishments where 25% or less (but no more than 2,000 square feet) of the total
floor area is dedicated to food sales for off-site human consumption. Any use
including a personal service business is a personal service business and not a retail
establishment.
Staff is also recommending the following new definition for alcoholic beverage:
15-06.035 – Alcoholic Beverage
“Alcoholic Beverage” means any beverage, as defined per Section 23004 of the
State of California Business and Professional Code that requires a license from
the California Department of Alcoholic Beverage Control to make, sell, or
distribute.
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Review the feasibility of separating bars from the definition of a restaurant.
Creating distinct definitions for uses is typically done when the code contains
regulations specific to that use. The City has historically required bars and
restaurants to obtain a conditional use permit and while the conditions of approval
may be different, the regulations in the code for both uses are the same. Staff
recommends leaving bars within the definition of restaurant at this time.
Furthermore, the addition of a new definition of bar was outside the City Council’s
direction of the proposed amendments.
Create a new section within Article 15-19 that speaks specifically to alcohol related
uses.
A new section (see Section 15-19.020(c)) has been drafted that consolidates all
alcohol regulations within commercial zones into sections.
Amend the hours of operation for permitted uses that allow the retail sales of beer
and/or wine for off-site consumption.
The draft ordinance allows retail establishments, markets, hotels and bed and
breakfast establishments within commercial zoning districts to sell beer and/or wine
up to 11:00 P.M. These hours of operation are consistent with previously approved
hours of operation for tasting rooms in the C-H zoning district. Uses providing such
services described above between the hours of 11:00 P.M. and 8:00 A.M. may be
allowed upon the granting of a conditional use permit.
Research the amount of floor area allowed for retail beer and/or wine sales as an
accessory use.
City staff has reviewed another establishment with accessory retail sales of or wine
(Vine Life) and have determined that either 25% or less (but no more than 500
square feet) of total floor area is adequate in keeping the sale of such goods
incidental to the main use.
Create language to permit hotels, motels, and bed and breakfast establishments to sale
beer and/or wine for on-site and off-site consumption in limited capacity in
commercial zoning districts.
The draft ordinance has been amended to allow the sales of beer and/or wine (in
limited capacity) to registered guests of hotels or bed and breakfasts within any
commercial zoning district for on-site consumption. Language has been added in
City Code Section 15-19.020(c). Bed and Breakfast establishments within the PA
zoning district would require a conditional use permit in order to sell or serve
alcoholic beverages. Hotels within any multi-family residential zoning district
would be prohibited to serve alcohol as a permitted use, since the location is within a
residential zoning district.
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Noticing
Notice of the 02/27/13 public hearing had been published in a newspaper having general
circulation in the City no later than ten days prior to that meeting. The meeting was
continued to a date certain (03/13/13) during the 02/27/13 public hearing. No additional
noticing is required.
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. Draft ordinance language (without underline and strikeout)
3. Minutes of 1/25/13 City Council Retreat – Alcohol Sales.
4. Staff Memo of 1/25/13 City Council Retreat – Alcohol Sales.
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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 and March 13, 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. 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. The language within the
amendment should read as follows:
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ZOA13-0001
Article 15-06 – DEFINITIONS
Section 15-06.035 – Alcoholic Beverage
“Alcoholic Beverage” means any beverage, as defined per Section 23004 of the State of
California Business and Professional Code that requires a license from the California
Department of Alcoholic Beverage Control to make, sell, or distribute.
Section 15-06.441 – Market
“Market” means an establishment where 25% or more (or more than 2,000 square feet) of
the total floor area is dedicated to food sales for off-site human consumption. which sells or
offers for sale to the public any food or drink for human consumption off-site, with the
exception of a tasting room as defined in this Article or a lawfully located mobile canteen or
other mobile unit as defined in Article 7-25.
Section 15-06-560 – Retail Establishment
"Retail establishment" means a use engaged in providing retail sale or rental of items
primarily intended for consumer or household use, including (but not limited to)
establishments where 25% or less (but no more than 2,000 square feet) of the total floor area
is dedicated to food sales for off-site human consumption. Any use including a personal
service business is a personal service business and not a retail establishment.
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 event such use may be allowed upon the granting of a use permit
pursuant to Article 15-55 of this Chapter. The following uses providing direct customer
service on-site (including, but not limited to, conducting a delivery service) between the
hours of 6:00 A.M. and 1:00 A.M. shall be allowed in any P-A district. Uses providing
such services between the hours of 1:00 A.M. and 6:00 A.M. may be allowed upon the
granting of a use permit pursuant to Article 15-55 of this Chapter.
Section 15-18.030 - Conditional uses.
The following conditional uses may be allowed in a P-A district, upon the granting of a use
permit pursuant to Article 15-55 of this Chapter:
(j) Any establishment engaged in the sale of alcoholic beverages
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ZOA13-0001
Article 15-19 - C: COMMERCIAL DISTRICTS
Section 15-19.020 – General Regulations
(a) Permitted uses. The following permitted uses providing direct customer service on-site
(including but not limited to conducting a delivery service) between the hours of 6:00
A.M. and 1:00 A.M. shall be allowed in any commercial district., unless a 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 event such use Uses providing such services between the hours of 1:00
A.M. and 6:00 A.M. may be allowed upon the granting of a use permit pursuant to
Article 15-55 of this Chapter.: Uses selling or serving alcoholic beverages may be
allowed only pursuant to Section 15-19.020(c) below.
(1) Retail establishments, except those requiring conditional use permits in
subsections (b) and (c) below. except restaurants, markets, delicatessens, and any
establishment engaged in the sale of alcoholic beverages.
(6) Markets 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.
(b) Conditional uses. The following conditional uses may be allowed in any commercial
district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter.:
Uses selling or serving alcoholic beverages may be allowed only pursuant to Section 15-
19.020(c) below.:
(3) Any establishment engaged in the sale of alcoholic beverages, with the
exception of tasting rooms, as provided for in Section 15-19.050(a)(3) of this
Code. Repealed
(c) Sale of alcoholic beverages. Uses selling and/or serving alcoholic beverages are
subject to the following regulations.
(1) Permitted uses. The following uses shall be allowed to sell beer and/or wine (but
not distilled spirits) between the hours of 8:00 A.M. and 11:00 P.M as specified
below:
(i) Retail establishments and markets located in any commercial district
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
for off-site consumption
(ii) Tasting rooms located in the C-H districts that do not exceed four
thousand square feet in floor area.
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ZOA13-0001
(iii) Hotels and bed and breakfast establishments that sell beer and/or
wine only to registered guests of the establishment for consumption
primarily on the premises.
(2) Conditional uses. The following uses may engage in the sale of alcoholic
beverages in any commercial district, upon the granting of a use permit pursuant
to Article 15-55 of this Chapter.
(i) Retail establishments, markets, hotels, bed and breakfast
establishments that do not qualify as a permitted use under
subsection (1) above.
(ii) Restaurants engaged in the sale of alcoholic beverages for on-site
consumption.
(iii) Any use engaged in the sale of distilled spirits for on-site or off-site
consumption.
(c) (d) Expressly prohibited uses
(d) (e) Location of building sites.
(e) (f) Setback area.
(f) (g) Screening, landscaping and fencing.
(g) (h) Signs
(h) (i) Off-street parking and loading facilities
(i) (j) Design review.
Section 15-19.050 – C-H District Regulations
(a) Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) and (c)
of this Article, the following permitted uses shall also be allowed in the CH-1 and
CH-2 districts:
(3) Tasting rooms, not exceeding four thousand square feet in area, which provide
direct customer service on site between the hours of 8:00 A.M. and 11:00
P.M.
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ZOA13-0001
PASSED AND ADOPTED by the City of Saratoga Planning Commission this 13th day of March
2013 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Tina K. Walia
Chair, Planning Commission
Exhibit A – Draft Ordinance
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ZOA13-0001
Exhibit A
ORDINANCE __________
AN ORDINANCE AMENDING ARTICLE 15-06, 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 15-06, 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 and March
13, 2013, recommend adoption of these 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 Article 15-06 - Definitions.
Section 15-06.035 – Alcoholic Beverage
“Alcoholic Beverage” means any beverage, as defined per Section 23004 of the State of
California Business and Professional Code that requires a license from the California
Department of Alcoholic Beverage Control to make, sell, or distribute.
15-06.441 – Market
“Market” means an establishment where 25% or more (or more than 2,000 square feet) of
the total floor area is dedicated to food sales for off-site human consumption. which sells or
offers for sale to the public any food or drink for human consumption off-site, with the
exception of a tasting room as defined in this Article or a lawfully located mobile canteen or
other mobile unit as defined in Article 7-25.
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ZOA13-0001
15-06.560 - Retail establishment
"Retail establishment" means a use engaged in providing retail sale or rental of items
primarily intended for consumer or household use, including (but not limited to)
establishments where 25% or less (but no more than 2,000 square feet) of the total floor area
is dedicated to food sales for off-site human consumption. Any use including a personal
service business is a personal service business and not a retail establishment.
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 event such use may be allowed upon the granting of a use permit
pursuant to Article 15-55 of this Chapter. The following uses providing direct customer
service on-site (including, but not limited to, conducting a delivery service) between the
hours of 6:00 A.M. and 1:00 A.M. shall be allowed in any P-A district. Uses providing
such services between the hours of 1:00 A.M. and 6:00 A.M. may be allowed upon the
granting of a use permit pursuant to Article 15-55 of this Chapter.
15-18.030 - Conditional uses.
The following conditional uses may be allowed in a P-A district, upon the granting of a
use permit pursuant to Article 15-55 of this Chapter:
(a) Accessory structures and uses located on the same site as a conditional use.
(b) Community facilities.
(c) Institutional facilities.
(d) Police and fire stations and other public buildings, structures and facilities.
(e) Religious and charitable institutions.
(f) Nursing homes and day care facilities.
(g) Public utility and public service pumping stations, power stations, drainage
ways and structures, storage tanks and transmission lines.
(h) Mixed Use Developments conforming to the Mixed Use Design Standards
found in Article 15-58
(i) Bed and breakfast establishments.
(j) Any establishment engaged in the sale of alcoholic beverages
City Code Section 15-19.020 – General Regulations
The following general regulations shall apply to all commercial districts in the City
(unless otherwise specified):
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ZOA13-0001
(a) Permitted uses. The following permitted uses providing direct customer service on-site
(including but not limited to conducting a delivery service) between the hours of 6:00
A.M. and 1:00 A.M. shall be allowed in any commercial district., unless a 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 event such use Uses providing such services between the hours of 1:00
A.M. and 6:00 A.M. may be allowed upon the granting of a use permit pursuant to
Article 15-55 of this Chapter.: Uses selling or serving alcoholic beverages may be
allowed only pursuant to Section 15-19.020(c) below.
(1) Retail establishments, except those requiring conditional use permits in
subsections (b) and (c) 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 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.
(b) Conditional uses. The following conditional uses may be allowed in any commercial
district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter.:
Uses selling or serving alcoholic beverages may be allowed only pursuant to Section
15-19.020(c) below.
(1) Restaurants.
(2) Markets
(3) Any establishment engaged in the sale of alcoholic beverages, with the
exception of tasting rooms, as provided for in Section 15-19.050(a)(3) of
this Code. Repealed
(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
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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.
(c) Sale of alcoholic beverages. Uses selling and/or serving alcoholic beverages are
subject to the following regulations.
(1) Permitted uses. The following uses shall be allowed to sell beer and/or wine
(but not distilled spirits) between the hours of 8:00 A.M. and 11:00 P.M as
specified below:
(i) Retail establishments and markets located in any commercial
district 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 for off-site consumption
(ii) Tasting rooms located in the C-H districts that do not exceed four
thousand square feet in floor area.
(iii) Hotels and bed and breakfast establishments that sell beer and/or
wine only to registered guests of the establishment for consumption
primarily on the premises.
(2) Conditional uses. The following uses may engage in the sale of alcoholic
beverages in any commercial district, upon the granting of a use permit
pursuant to Article 15-55 of this Chapter.
(i) Retail establishments, markets, hotels, bed and breakfast
establishments that do not qualify as a permitted use under
subsection (1) above.
(ii) Restaurants engaged in the sale of alcoholic beverages for on-site
consumption.
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(iii) Any use engaged in the sale of distilled spirits for on-site or off-site
consumption.
(c) (d) Expressly prohibited uses. Without limiting the application of Section 15-
05.055(a) of this Chapter, the following uses are expressly declared to be prohibited
in all commercial districts:
(1) Any use which emits air pollutants, solid or liquid wastes, radioactivity, or
other discharge which endangers human health or causes damage to animals,
vegetation or property.
(2) Any use which creates offensive odor, noise, vibration, glare or electrical
disturbance, detectable beyond the boundaries of the site, or creates a hazard
of fire or explosion.
(3) Any use involving drive-through service, such as restaurants and financial
institutions with drive-through windows.
(4) Any use involving automotive body work, such as collision repair, painting,
dismantling or customizing.
(5) Mini-storage facilities.
(6) Outdoor sales or storage of motor vehicles.
(d) (e) Location of building sites. The average natural grade of the footprint underneath
any structure shall not exceed thirty percent slope, and no structure shall be built upon
a slope which exceeds forty percent natural slope at any location under the structure
between two five-foot contour lines, except that:
(1) A variance pursuant to Article 15-70 of this Chapter may be granted where
the findings prescribed in Section 15-70.060 can be made, and
(2) An exception under Article 14-35 of the Subdivision Ordinance may be
granted where the findings prescribed in Section 14-35.020 can be made.
(e) (f) Setback area. No use shall occupy any required setback area, except fences, walls,
hedges, landscaped areas, walks, driveways and parking areas. No required setback
area shall be used for a loading area or for storage.
(f) (g) Screening, landscaping and fencing.
(1) Where a site is abutting an A, R-1, HR, R-M or P-A district, a solid wall or
fence six feet in height shall be located along the property line between the
two districts, except in a required front setback area, and an area five feet in
depth adjoining such property line shall be landscaped and permanently
maintained with plant materials suitable for ensuring privacy, screening
unsightliness and insulating adjacent properties against noise.
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(2) Open storage of materials and equipment shall be permitted only within an
area surrounded and screened by a solid wall or fence (with solid gates
where necessary) not less than six feet in height; provided, that no materials
or equipment shall be stored to a height greater than that of the wall or
fence.
(3) All outdoor trash containers and garbage areas shall be fully enclosed by a
solid wall or fence and solid gates of sufficient height to screen the same
from public view. No trash or garbage containers shall be placed or kept
within twenty-five feet from the property line of any site occupied by a
dwelling unit. An owner or occupant of a commercial establishment shall
comply with the requirements of this subsection within sixty days after
receiving a directive from the City to do so.
(4) Notwithstanding any other provision contained in this subsection (f), the
Community Development Director or the Planning Commission may require
the installation of a solid fence or wall up to eight feet in height along any
property line that abuts a residential district, upon a determination that such
fence or wall is necessary to mitigate noise or other adverse impacts of the
commercial activity upon the residential use. In the case of an existing
commercial development, such fence or wall shall be installed within sixty
days after the requirement is imposed by the Community Development
Director or the Planning Commission, unless a longer period of time is
allowed by the Director or the Commission by reason of extenuating
circumstances, including, but not limited to, the installation cost of the new
fence or wall, or the value of any existing fence or wall to be demolished, or
the cost of removing any existing fence or wall. The design, color and
materials of the fence or wall shall be subject to approval by the Community
Development Director, based upon a finding that the design, color and
materials of the fence or wall will not adversely affect contiguous
properties.
(5) Required pedestrian open spaces, front setback areas, side setback areas, and
not less than fifteen percent of any parking lot area, shall be completely
landscaped and permanently maintained.
(6) No credit shall be given against any landscaping or open space requirement
imposed by this Article by reason of adjacent public parking facilities or
public rights-of-way.
(7) Whenever screening or landscaping is required by the provisions of this
Article, or as a condition of any project approval, the owner or occupant of
the property shall keep and maintain such screening and landscaping in good
condition and repair.
(8) Except as otherwise provided in this subsection (f), fences, walls and hedges
shall comply with the regulations set forth in Article 15-29 of this Chapter.
(g) (h) Signs. No sign of any character shall be erected or displayed in any C district,
except as permitted under the regulations set forth in Article 15-30 of this Chapter.
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(h) (i) Off-street parking and loading facilities. Except in the case of a site located
within and constituting a part of a City parking district, off-street parking and loading
facilities shall be provided for each use on the site, in accordance with the regulations
set forth in Article 15-35 of this Chapter.
(i) (j) Design review. All structures shall be subject to design review approval in
accordance with the provisions of Article 15-46 of this Chapter.
City Code Section 15-19.050 – C-H district regulations.
15-19.050 - C-H district regulations.
(a) Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) and
(c) of this Article, the following permitted uses shall also be allowed in the CH-1 and
CH-2 districts:
(1) Professional, administrative and medical offices and financial institutions,
when located either above the street level or at the street level if separated
from the street frontage by a retail establishment; and
(2) Personal service businesses that are above street level, and personal service
businesses that are at street level but do not have primary access from Big
Basin Way or across the front lot line; and
(3) Tasting rooms, not exceeding four thousand square feet in area, which
provide direct customer service on site between the hours of 8:00 A.M. and
11:00 P.M.
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
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
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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
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Article 15-06 – DEFINITIONS
Section 15-06.035 – Alcoholic Beverage
“Alcoholic Beverage” means any beverage, as defined per Section 23004 of the State of
California Business and Professional Code that requires a license from the California Department
of Alcoholic Beverage Control to make, sell, or distribute.
Section 15-06.441 – Market
“Market” means an establishment where 25% or more (or more than 2,000 square feet) of the total
floor area is dedicated to food sales for off-site human consumption, with the exception of a
lawfully located mobile canteen or other mobile unit as defined in Article 7-25.
Section 15-06.560 - Retail establishment
"Retail establishment" means a use engaged in providing retail sale or rental of items primarily
intended for consumer or household use, including (but not limited to) establishments where 25% or
less (but no more than 2,000 square feet) of the total floor area is dedicated to food sales for off-site
human consumption. Any use including a personal service business is a personal service business
and not a retail establishment.
Article 15-18 – P-A: PROFESSIONAL AND ADMINISTRATIVE OFFICE DISTRICT
Section 15-18.020 – Permitted uses.
The following uses providing direct customer service on-site (including, but not limited to,
conducting a delivery service) between the hours of 6:00 A.M. and 1:00 A.M. shall be allowed in
any P-A district. Uses providing such services between the hours of 1:00 A.M. and 6:00 A.M.
may be allowed upon the granting of a use permit pursuant to Article 15-55 of this Chapter.
Section 15-18.030 - Conditional uses.
The following conditional uses may be allowed in a P-A district, upon the granting of a use
permit pursuant to Article 15-55 of this Chapter:
(a) Accessory structures and uses located on the same site as a conditional use.
(b) Community facilities.
(c) Institutional facilities.
(d) Police and fire stations and other public buildings, structures and facilities.
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(e) Religious and charitable institutions.
(f) Nursing homes and day care facilities.
(g) Public utility and public service pumping stations, power stations, drainage ways and
structures, storage tanks and transmission lines.
(h) Mixed Use Developments conforming to the Mixed Use Design Standards found in
Article 15-58
(i) Bed and breakfast establishments.
(j) Any establishment engaged in the sale of alcoholic beverages
Article 15-19 - C: COMMERCIAL DISTRICTS
Section 15-19.020 - General regulations.
The following general regulations shall apply to all commercial districts in the City (unless
otherwise specified):
(a) Permitted uses. The following uses providing direct customer service on-site
(including but not limited to conducting a delivery service) between the hours of 6:00
A.M. and 1:00 A.M. shall be allowed in any commercial district. Uses providing such
services between the hours of 1:00 A.M. and 6:00 A.M. may be allowed upon the
granting of a use permit pursuant to Article 15-55 of this Chapter. Uses selling or serving
alcoholic beverages may be allowed only pursuant to Section 15-19.020(c) below.
(1) Retail establishments, except those requiring conditional use permits in
subsections (b) and (c) below.
(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.
(b) Conditional uses. The following conditional uses may be allowed in any
commercial district, upon the granting of a use permit pursuant to Article 15-55 of this
Chapter. Uses selling or serving alcoholic beverages may be allowed only pursuant to
Section 15-19.020(c) below.
(1) Restaurants.
(2) Markets
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(3) Repealed
(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.
(c) Sale of alcoholic beverages. Uses selling and/or serving alcoholic beverages are
subject to the following regulations.
(1) Permitted uses. The following uses shall be allowed to sell beer and/or
wine (but not distilled spirits) between the hours of 8:00 A.M. and 11:00
P.M. as specified below:
(i) Retail establishments and markets located in any commercial
district 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 for off-site consumption
(ii) Tasting rooms located in the C-H districts that do not exceed four
thousand square feet in floor area.
(iii) Hotels and bed and breakfast establishments that sell beer and/or
wine only to registered guests of the establishment for consumption
primarily on the premises.
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(2) Conditional uses. The following uses may engage in the sale of alcoholic
beverages in any commercial district, upon the granting of a use permit
pursuant to Article 15-55 of this Chapter.
(i) Retail establishments, markets, hotels, bed and breakfast
establishments that do not qualify as a permitted use under
subsection (1) above.
(ii) Restaurants engaged in the sale of alcoholic beverages for on-site
consumption.
(iii) Any use engaged in the sale of distilled spirits for on-site or off-site
consumption.
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(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.
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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
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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.
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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
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