HomeMy WebLinkAbout11-14-18 Planning Commission Agenda PacketSaratoga Planning Commission Agenda – Page 1 of 3
SARATOGA PLANNING COMMISSION
REGULAR MEETING
NOVEMBER 14, 2018
7:00 P.M. - PLANNING COMMISSION REGULAR MEETING
Civic Theater | 13777 Fruitvale Avenue, Saratoga CA 95070
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MINUTES
Action Minutes from the Regular Planning Commission Meeting of October 24, 2018.
Recommended Action:
Approve Minutes of October 24, 2018 meeting.
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. This 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.
REPORT ON 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.
1. PUBLIC HEARING
Applicants and/or their representatives have a total of ten (10) minutes maximum for
opening statements. All interested persons may appear and be heard during this meeting
regarding the items on this agenda. If items on this agenda are challenged in court,
members of the public may be limited to raising only issues raised at the Public Hearing or
in written correspondence delivered to the Planning Commission at, or prior to the close of
the Public Hearing. Members of the public may comment on any item for up to three (3)
minutes. Applicants and/or their representatives have a total of five (5) minutes maximum
for closing statements.
Saratoga Planning Commission Agenda – Page 2 of 3
1.1 Application SUB18-0002; 15320 Peach Hill Road (517-22-112); Lands of Carey – The
applicant requests Tentative Parcel Map approval to subdivide an approximate 193,798
square foot (4.449 acre) parcel into two lots. The site is zoned R-1-40,000 (Single Family
Residential) with a General Plan designation of Very Low Density Residential (RVLD).
No trees are proposed for removal. Staff Contact: Nicole Johnson (408) 868-1209 or
njohnson@saratoga.ca.us.
Recommended Action:
Adopt Resolution No. 18-034 approving the project subject to conditions of approval
included in Attachment 1.
1.2 Application ZOA18-0001 - Annual Zoning Code Amendments (CITY WIDE).
(Continued from 10/24/18 meeting). Application by the City of Saratoga to amend the
City Code. The changes include clarifying the definition of “Subterranean Structures”,
adding a definition for “Wineries” to Article 15 -06 (Definitions), and correcting various
inaccurate code section references in the Zoning regulations.
Staff contact: Christopher Riordan: (408) 868-1235 criordan@saratoga.ca.us.
Recommended Action:
Adopt Resolution No. 18-025 recommending that the City Council adopt an ordinance
which includes amendments to Chapter 15 (Zoning Regulations) of the Saratoga City
Code.
1.3 Application ZOA/18-0002 – Parking Ordinance Update
Changes to Chapter 15 (Zoning Regulations) of the Saratoga City Code regarding parking
regulations which includes establishing one set of parking standards for the entire C-H
District (the Village) with respect to restaurant, retail, office and personal service and to
eliminate Section 15-35.020(k), surplus parking in C-H district. Staff Contact: Sandy Baily
(408) 868-1225 or sbaily@saratoga.ca.us.
Recommended Action:
Adopt Resolution No. 18-027 recommending the City Council adopt an ordinance to
amend Chapter 15 (Zoning Regulations) of the Saratoga City Code regarding parking
regulations.
2. NEW BUSINESS
2.1 Planning Commission Meeting Schedule
Recommended Action:
Review and discuss the draft change to the City Code.
DIRECTOR ITEMS
• Report on the status of the Creekside School project.
• Confirm meeting date for Planning Commission 2019 Work Plan Study Session.
COMMISSION ITEMS
ADJOURNMENT
Saratoga Planning Commission Agenda – Page 3 of 3
CERTIFICATE OF POSTING OF THE AGENDA
I, Janet Costa, Administrative Assistant 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 November 8, 2018 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070
and on the City’s website at www.saratoga.ca.us.
Signed this 8th day of November 2018 at Saratoga, California.
Janet Costa, Administrative Assistant
In Compliance with the Americans with Disabilities Act, if you need assistance to participate in
this meeting, please contact the City Clerk at 408/868-1269. Notification 24 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]
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
Saratoga Planning Commission Agenda – Page 1 of 3
MINUTES
WEDNESDAY, OCTOBER 24, 2018
SARATOGA PLANNING COMMISSION REGULAR MEETING
Chair Hlava called the Planning Commission Regular Meeting to order in the Civic Theater,
Council Chambers at 13777 Fruitvale Avenue in Saratoga at 7:00 p.m. and led the Pledge of
Allegiance.
ROLL CALL
PRESENT: Chair Joyce Hlava, Vice Chair Kookie Fitzsimmons, Commissioners Sunil
Ahuja, Lucas Pastuszka, Tina Walia, Razi Mohiuddin
ABSENT: Commissioner Leonard Almalech (unexcused)
ALSO PRESENT: Debbie Pedro, Community Development Director
Christopher Riordan, Senior Planner
Victoria Hernandez, Planner
Vice Chair Fitzsimmons stated that Commissioner Almalech has had 4
absences due to vacation in the last 11 months.
APPROVAL OF MINUTES
Action Minutes from the Regular Planning Commission Meeting of October 10, 2018.
Recommended Action:
Approve Minutes of October 10, 2018 meeting.
FITZSIMMONS/PASTUSZKA MOVED TO APPROVE THE MINUTES FOR THE
REGULAR PLANNING COMMISSION MEETING OF OCTOBER 10, 2018. MOTION
PASSED. AYES: FITZSIMMONS, AHUJA, PASTUSZKA, WALIA, MOHIUDDIN. NOES:
NONE. ABSENT: ALMALECH. ABSTAIN: HLAVA.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Resident David Anderson asked about the status of the Creekside school project. Commission
directed staff to report on the status at their next meeting.
1. NEW BUSINESS
None.
2. PUBLIC HEARING
2.1 Application PDR18-0021/ARB18-00028/FER18-0003; 19931 Bella Vista Avenue
(APN 397-20-100); Lands of Yadappanavar. The applicant requests Design Review
approval to construct a new single-story single-family residence with a basement and
attached accessory dwelling unit. The maximum height of the project is 20.42’. Four (4)
protected trees are requested for removal. The applicant is also requesting approval of a
fence exception for a six foot tall wrought iron fence to be constructed within a front
setback area where the maximum height of fences is limited to three feet. The site is
zoned R-1-40,000 and the lot size is approximately 48,988 square feet.
Staff Contact: Victoria Hernandez (408) 868-1212 or vhernandez@saratoga.ca.us. 4
Saratoga Planning Commission Agenda – Page 2 of 3
Recommended Action:
Adopt Resolution No. 18-033 approving the project subject to conditions of approval
included in Attachment 1.
AHUJA/MOHIUDDIN MOVED TO APPROVE WITH ADDITIONAL
CONDITION REGARDING STREET REPAIR FROM CONSTRUCTION
DAMAGE. MOTION PASSED. AYES: HLAVA, FITZSIMMONS, AHUJA,
PASTUSZKA, MOHIUDDIN. NOES: WALIA. ABSENT: ALMALECH.
ABSTAIN: NONE.
2.2 Application PDR16-0002, VAR17-0002, CUP17-0001, ARB16-0027; 20640 Third
Street (503-24-073); Sam Cloud Barn LLC/Tom Sloan AIA –The applicant requests
Design Review approval to construct a three story, 35 feet tall, 5,678 square foot mixed-
use building on a vacant 2,527 square foot parcel at 20640 Third Street. The project also
includes a request for variances to locate the site on a slope exceeding 30% and to not
provide 504 square feet of required pedestrian open space to offset the increase in site
coverage. The project will include first-floor commercial office space and two residential
units on floors two and three and a 1,974 square feet basement level garage which will
provide parking for eight vehicles. Three protected trees would be removed. The site is
zoned CH-1 with a General Plan Designation of CR (Commercial Retail).
Staff Contact: Christopher Riordan (408) 868-1235 or criordan@saratoga.ca.us.
Recommended Action:
Adopt Resolution No. 18-032 approving the project subject to conditions of approval
included in Attachment 1.
MOHIUDDIN/FITZSIMMONS MOVED TO APPROVE WITH CONDITIONS OF
APPROVAL. MOTION PASSED. AYES: HLAVA, FITZSIMMONS, AHUJA,
PASTUSZKA, MOHIUDDIN. NOES: WALIA. ABSENT: ALMALECH.
ABSTAIN: NONE.
2.3 Application ZOA18-0001 – Annual Zoning Code Amendments (CITY WIDE).
(Continued from 9/26/18 meeting). Application by the City of Saratoga to amend the
City Code. The changes include adding a definition for “Wineries” to Article 15 -06
(Definitions) and correcting various inaccurate code section references in the Zoning
regulations.
Staff contact: Christopher Riordan: (408) 868-1235 criordan@saratoga.ca.us.
Recommended Action:
Adopt Resolution No. 18-025 recommending that the City Council adopt an ordinance
which includes amendments to Chapter 15 (Zoning Regulations) of the Saratoga City
Code.
WALIA/AHUJA MOVED TO CONTINUE TO NEXT MEETING. MOTION
PASSED. AYES: HLAVA, FITZSIMMONS, AHUJA, PASTUSZKA, WALIA,
MOHIUDDIN. NOES: NONE. ABSENT: ALMALECH. ABSTAIN: NONE.
5
Saratoga Planning Commission Agenda – Page 3 of 3
DIRECTOR ITEMS
Debbie reminded the Commission about the Commission Recognition dinner next Tuesday,
October 30th. Debbie also reported that the Council directed a change in Planning Commission
meeting schedule to one meeting a month, on the second Wednesday of month.
COMMISSION ITEMS
ADJOURNMENT
MOHIUDDIN/PASTUSZKA MOVED TO ADJOURN THE MEETING AT 11:12 PM.
MOTION PASSED. AYES: HLAVA, FITZSIMMONS, AHUJA, PASTUSZKA, WALIA,
MOHIUDDIN. NOES: NONE. ABSENT: ALMALECH. ABSTAIN: NONE.
Minutes respectfully submitted:
Janet Costa, Administrative Assistant
City of Saratoga
6
CITY OF SARATOGA
Memorandum
To: Saratoga Planning Commission
From: Debbie Pedro, Community Development Director
Date: November 14, 2018
Subject: Planning Commission Meeting Schedule
Recommendation
Review and discuss the draft change to the City Code in Attachment 1.
Background
Chair Hlava has requested that this item be agendized for Planning Commission discussion. At their
October 17, 2018 meeting, the City Council included as a discussion item a review of the Planning
Commission meeting calendar. The City Council staff report and meeting minutes are included in
Attachment 2. Staff was directed to prepare an amendment to the City Code to change the Planning
Commission meeting schedule from the second and fourth Wednesday of the month to the second
Wednesday of the month. In addition, the Council provided the following directions:
1. Encourage all commissioners to attend all site visits and study sessions .
2. Reserve a room for the fourth Wednesday of the month for any needed Planning Commission
study sessions.
3. Include the attendance of Planning Commission meetings, site visit and study sessions in the
City Council’s annual attendance reports.
4. Provide the City Council with a quarterly report on the Planning Commission w ork load.
These additional items will be implemented as directed and do not require changes to the City Code.
Attachments
1. Proposed Amendment to Planning Commission Meeting Dates
2. City Council Report and Minutes dated October 17, 2018
7
Proposed Amendment to Planning Commission Meeting Dates
On October 17, 2018 the City Council directed that the following Code amendment be brought
forth for consideration as part of the annual code update to be brought to the City Council on
November 21, 2018.
2-15.040 - Regular meetings.
The regular meetings of the Planning Commission shall be held on the second and fourth
Wednesday of each month unless such day is a holiday, in which case the meeting may
be held on such business day as designated by the Planning Commission or the meeting
may be cancelled. The time of such meeting shall be 7:00 P.M., subject to modification
by the Planning Commission, and the place shall be at City Hall in the Saratoga City
Council Chambers. Any regular meeting may be cancelled by the Planning Commission
upon announcement of such cancellation at the regular meeting preceding the meeting to
be cancelled.
1058966.1
Attachment 1
8
SARATOGA CITY COUNCIL
MEETING DATE:October 17, 2018
DEPARTMENT:City Manager’s Office
PREPARED BY:Debbie Bretschneider, Interim City Clerk
SUBJECT:Planning Commission Meeting Schedule and Attendance
RECOMMENDED ACTION:
Provide direction to staff on whether to prepare an ordinance amending the Planning
Commission’s regular meeting schedule.
BACKGROUND:
At Mayor Bernald’s request, this item has been placed on the October 17, 2018 City Council
Agenda to provide the City Council with the opportunity to consider directing staff to prepare an
ordinance that would amend the Planning Commission’s regular meeting schedule. Currently, City
Code states that Planning Commission regular meetings will take place on the second and fourth
Wednesday of the month. If staff receives direction to prepare an ordinance amending the Planning
Commission’s regular meeting schedule, the first reading would be on November 7, 2018 and the
second reading on November 21, 2018.
Excerpts from the City Code on the Planning Commission’s regular meeting schedule and
attendance requirements for Commissioners (excluding the Youth Commission) are below.
Planning Commission Regular Meetings:
2-15.040 –Regular Meetings
The regular meetings of the Planning Commission shall be held on the second and fourth
Wednesday of each month unless such a day is a holiday, in which case the meeting may be held
on such business day as designated by the Planning Commission or the meeting may be cancelled.
The time of the meeting shall be 7:00 p.m., subject to modification by the Planning Commission,
and the place shall be at City Hall in the Saratoga City Council Chambers. Any regular meeting
may be cancelled by the Planning Commission upon announcement of such cancellation at the
regular meeting preceding the meeting to be cancelled.
Attachment 2
9
Commissioner Attendance:
2-12.040 –Attendance
(a) Each Commissioner shall regularly attend meetings of the Commission of which he or she
is a member.
(b) Commissioners are expected to make Commission service a high priority and to make a
reasonable effort to attend all meetings. If a Commissioner is absent without permission of
the Chair (or, in the case of the Chair, the Mayor) from three regular Commission meetings
in any twelve-month period, the Commissioner’s office becomes vacant and shall be filled
as any other vacancy unless the vacancy is excused by the City Council in its sole
discretion. A Commissioner whose office has become vacant may request the vacancy to
be excused by filing a letter with the City Clerk within thirty days of the effective date of
the vacancy. If a Commissioner is absent without permission from two regular Commission
meetings, the secretary of the Commission shall mail to the Commissioner a courtesy
notice of the requirements of this Section, provided, however, that such notice shall not
operate as prerequisite to the establishment of a vacancy pursuant to this subsection (b) and
that failure to mail such notice shall not create any right of action in any Commissioner or
any other person.
ATTACHMENTS:
Attachment A – Planning Commission 2018 Regular Meeting Schedule
10
Planning Commission October 2017 – 2018 Regular Meeting Schedule & Attendance
Month Date Excused Absence Unexcused Absence
October 2017 11 Chang, Ahuju
25 Canceled
November 2017 8 Almalech
22 Canceled
December 2017 13 Canceled
27 Canceled
January 2018 10 Fitzsimmons
24 Canceled
February 2018 14
28 Canceled
March 2018 14 Almalech
28 Canceled
April 2018 11
25
May 2018 9
23 Canceled
June 2018 13 Canceled
27 Mohiuddin, Fitzsimmons
July 2018 11 Mohiuddin, Pastuszka
25 Canceled
August 2018 8 Canceled
22 Almalech
September 2018 12
26
October 2018 10 Hlava
Planning Commission 2018 Study Sessions
2/27/18 Planning Commission Study Session: General Plan Update - Land Use Element
3/13/18 Planning Commission and Traffic Safety Commission - Joint Study Session -
Circulation Element
3/27/18 Planning Commission and Parks & Recreation Commission -Joint Study Session –
Open Space and Conservation Element
5/08/18 Planning Commission and Traffic Safety Commission - Joint Study Session -
Circulation Element (continued from 3/13/18 Joint Study Session)
11
Saratoga City Council Minutes– Page 5 of 8
Mayor Bernald invited public comment on the item.
The following people requested to speak:
Behzad Rezvani
Santa Clara County Fire Battalion Chief Bret Rapport
Colin Phan
No one else requested to speak.
RESOLUTION 18-053
MILLER/CAPPELLO MOVED TO APPROVE RESOLUTION AUTHORIZING THE
ISSUANCE OF THE COMMUNITY FACILITIES DISTRICT NO. 2016-1
(ARROWHEAD PROJECT) SPECIAL TAX BONDS, SERIES 2018 AND RELATED
DOCUMENTS IN SUPPORT OF THE BOND ISSUANCE AND AUTHORIZE THE
CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE DOCUMENTS AND
TAKE ALL RELATED ACTIONS IN CONNECTION WITH THE SALE AND
ISSUANCE OF THE BONDS, INCLUDING MINOR EDITS THAT MAY BE
NECESSARY.MOTION PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO,
KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
3.2. Planning Commission Meeting Schedule and Attendance
Recommended Action:
Provide direction to staff on whether to prepare an ordinance amending the Planning
Commission’s regular meeting schedule.
Debbie Bretschneider, Interim City Clerk, presented the staff report.
Debbie Pedro, Community Development Director, answered questions from the Council.
Mayor Bernald invited public comment on the item.
The following people requested to speak:
Joyce Hlava
Tina Walia
No one else requested to speak.
MILLER/CAPPELLO MOVE TO DIRECT STAFF TO: 1) PREPARE AN
ORDINANCE AMENDING CITY CODE SECTION 2-15.040 TO CHANGE THE
PLANNING COMMISSION REGULAR MEETING SCHEDULE FROM THE
SECOND AND FOURTH WEDNESDAY OF THE MONTH TO THE SECOND
WEDNESDAY OF THE MONTH AND INCLUDE THE CHANGE AS PART OF
THE ANNUAL CODE UPDATE; 2) ENCOURAGE ALL COMMISSIONERS TO
ATTEND ALL SITE VISITS AND STUDY SESSIONS; 3) RESERVE A ROOM FOR 12
Saratoga City Council Minutes– Page 6 of 8
THE 4TH WEDNESDAY OF THE MONTH FOR ANY NEEDED PLANING
COMMISSION STUDY SESSIONS; 4) TRACK ATTENDANCE TO ALL
PLANNING COMMISSION MEETINGS, INCLUDING SITE VISITS AND STUDY
SESSIONS, FOR THE ANNUAL COMMISSIONER QUALIFICATIONS AND
EXPIRING TERMS REPORT AND FOR REAPPOINTMENT OF
COMMISSIONERS; AND, 5) PROVIDE THE CITY COUNCIL WITH A
QUARTERLY REPORT ON THE PLANNING COMMISSION WORKLOAD.
MOTION PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO, KUMAR. NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE.
Council Member Miller requested that staff notify the Commissions when Council is
discussing items pertaining to that Commission.
3.3. Adopt a Resolution Amending the Fiscal 2018/19 Budget by $32,662 to Upgrade the
Community Center Building Fire Alarm System
Recommended Action:
1. Adopt a resolution amending the Fiscal Year 2018/19 Operating Budget by increasing the
Furniture, Fixtures, and Equipment Internal Service Fund by $32,662; and
2. Authorize a $29,112 payment to the Saratoga Area Senior Coordinating Council to cover
the City’s share of the costs to upgrade the fire alarm system for the Community Center
building with additional authorization to pay up to $3,550 in contingency related costs if
needed.
Michael Taylor, Recreation & Facilities Director, presented the staff report.
Mayor Bernald invited public comment on the item.
The following people requested to speak:
Lisa Oakley
Tylor Taylor
No one else requested to speak.
RESOLUTION 18-055
CAPPELLO/MILLER MOVED TO ADOPT A RESOLUTION AMENDING THE
FISCAL YEAR 2018/19 OPERATING BUDGET BY INCREASING THE
FURNITURE, FIXTURES, AND EQUIPMENT INTERNAL SERVICE FUND BY
$39,052 AND AUTHORIZE A $35,502 PAYMENT TO THE SARATOGA AREA
SENIOR COORDINATING COUNCIL TO COVER THE CITY’S SHARE OF THE
COSTS TO UPGRADE THE FIRE ALARM SYSTEM FOR THE COMMUNITY
CENTER BUILDING WITH ADDITIONAL AUTHORIZATION OF A
CONTINGENCY OF $3,550 FOR RELATED COSTS. MOTION PASSED. AYES:
BERNALD, CAPPELLO, MILLER, LO, KUMAR. NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE.
Mayor Bernald invited high school students to the stage to introduce themselves.
13
REPORT TO THE
PLANNING COMMISSION
Meeting Date: November 14, 2018
Application: Tentative Map for a Two-Lot Subdivision
SUB 18-0002
Address/APN: 15320 Peach Hill Road/517-22-112
Owner/Applicant: Teresa Carey/Velimir Sulic
From: Debbie Pedro, Community Development Director
Report Prepared By: Nicole Johnson, Planner II
15320 Peach Hill Road
14
Report to the Planning Commission
15320 Peach Hill Road – Application # SUB18-0002
November 14, 2018
Page | 2
PROJECT DESCRIPTION
The applicant requests Tentative Lot Map approval to subdivide an approximately 193,798 square
feet (4.449 acres) lot located at 15320 Peach Hill Road into two lots. Both lots would have street
frontage along Peach Hill Road. The gross lot size for Lot 1 would be 85,508 square feet (1.963
acres) and Lot 2 would be approximately 108,290 square feet (2.486 acres). No trees are proposed for
removal.
STAFF RECOMMENDATION
Adopt Resolution No. 18-034 approving the project subject to conditions of approval included in
Attachment 1.
Review by the Planning Commission is required pursuant to City Code Section 14-20.06 (Public
Hearing by Advisory Agency).
PROJECT DATA
General Plan Designation: RVLD (Very Low Density Residential)
Zoning: R-1-40,000
Lot Size: 193,798 square feet/4.449 acres
Average Slope: 19.18%
PROPOSED ALLOWED/REQUIRED
Lot 1
Net lot size: 80,542 square feet 40,000 square feet
Frontage: 266.09 feet 100 feet
Width: 216.60 feet 150 feet
Depth: 382.80 feet 150 feet
Floor Area: 3,700 square feet (existing) 6,400 square feet
Site Coverage: 11,279 square feet (existing) 28,189 square feet
Lot 2
Net lot size: 105,458 square feet 40,000 square feet
Frontage: 110.80 feet 100 feet
Width: 222.10 feet 150 feet
Depth: 552.60 feet 150 feet
Floor Area: 1,953 (existing) 6,620 square feet
Site Coverage: 7,064 (existing) 36,910 square feet
SITE CHARACTERISTICS AND PROJECT DESCRIPTION
The 4.449-acre site is located along the eastern side of Peach Hill Road. The average slope of the
site is 19.18%. The property contains a two story single-family residence with garage, built in
1929, and is on the City’s Heritage Resource Inventory. In addition, there is a detached cottage
and shed on the property.
15
Report to the Planning Commission
15320 Peach Hill Road – Application # SUB18-0002
November 14, 2018
Page | 3
In 1985, the property owners purchased an adjoining lot to the east and requested a lot merger to
combine the two lots. As a condition of approval for the lot merger, the new lot could not be
subdivided into more than two lots and the entire portion of the adjacent lot was to be dedicated
open space. Wildcat Creek runs through the easement and a legal non-conforming detached garage,
bridges and a pump house is adjacent to the creek within the open space easement.
Surrounding land uses include single-family homes. The existing residence with garage will
remain on the new Lot 1 and is compliant with the new side setback.
Lot Design and Building Sites
Lot 1 would be along the north portion of the site with a net lot size of 80,542 square feet (1.849
acres). The existing 3,700 square feet two-story residence and attached garage on this lot would
remain. A small corner of the home encroaches within the existing front setback (legal non-
conforming). The remainder of the home conforms to the R-1-40,000 standards. The maximum
allowable floor area for the site is 6,400 square feet.
Lot 2 would have a net lot size of 105,458 square feet (2.421 acres). The existing one bedroom cottage,
shed (partially located within existing front setback and is legal non-conforming), pump house and
detached garage will be located on this Lot and are proposed to remain. A new access easement along
the north property line is proposed over the existing driveway to benefit Lot 1. The maximum
allowable floor area is 6,620 square feet. The conceptual footprint of the new residence on Lot 2 is
shown on Sheet C3 of the Tentative Map (Attachment 4).
The existing open space easement will be divided and each new lot will acquire a portion of the
easement.
Geotechnical Clearance
UPP Geotechnology prepared a Geologic and Geotechnical Feasibility Investigation that was
reviewed and approved by the City’s Geotechnical Consultant (Attachment 2). The report states
that the proposed subdivision is constrained by potential strong seismic ground shaking,
undocumented fill materials and potentially expansive soils and bedrock. The City’s Geotechnical
Consultant concluded that new structures can be built on Lot 2 and the structures will require
individual geotechnical clearance prior to issuance of building permits.
Heritage Preservation Commission
Pursuant to Section 13-10.040 (e) of the City Code, the Heritage Preservation Commission (HPC)
reviewed the application for the two lot subdivision on July 10, 2018 and determined that the
subdivision would not adversely affect the character of the property’s historic resource and
recommended approval of the project (Attachment 3).
Trees
The site does contain some protected trees with the potential of being impacted by the proposed
development depending on the overall design of a future residence on Lot 2. The applicant will be
required to submit for arborist review and clearance as part of a future design review application if it
includes removals of any protected trees.
16
Report to the Planning Commission
15320 Peach Hill Road – Application # SUB18-0002
November 14, 2018
Page | 4
Zoning and Subdivision Regulations Compliance
The City’s Subdivision and Zoning regulations are the implementation tools of Saratoga’s General
Plan and the State Subdivision Map Act. The Zoning Ordinance establishes minimum standards
for lot sizes, depths, widths, and frontages. It also regulates building placement, modifications to
natural topography and ordinance-protected tree removal. This Tentative Lot Map complies with
all minimum zoning standards regarding lot size, configuration, and setbacks.
Neighbor Notification
A Public Notice was sent to property owners within 500 feet of the site. In addition, the public hearing
notice and description of the project was published in the Saratoga News. No concerns have been
brought to the City’s attention as of the writing of this staff report.
TENTATIVE MAP APPROVAL FINDINGS
The Planning Commission shall not approve any tentative map if the commission finds the proposal
supports any of the following nine findings (City Code Section 14-20.070(b)). Staff has provided
evidence, which does not support any of the findings.
1. That the proposed map is not consistent with the General Plan and any applicable specific
plans. The proposed map is consistent with the General Plan and any applicable specific
plans in that proposed lots are consistent with the General Plan designation of Very Low
Density Residential (RVLD). The proposed lots meet the minimum lot size required by the
city code for the R-1-40,000 zoning district. Proposed lot dimensions including width, depth
and frontage meet or exceed the minimums required by the city code.
2. That the design or improvements of the proposed subdivision are not consistent with the
General Plan and any applicable specific plan. The design or improvements of the proposed
subdivision are consistent with the General Plan and any applicable specific plan in that the
design or improvements of the proposed subdivision are consistent with the General Plan.
The proposed lot sizes, configuration, access and building envelopes are consistent with the
zoning regulations and are compatible with the existing densities in the project vicinity. The
proposed building envelopes are sufficient in size and dimension to accommodate a single-
family residence. Building envelopes provided on the proposed tentative map indicate that
required setbacks can be provided to meet the development regulations.
The single-family residence located on Lot 1 has a nonconforming front setback and this
setback will remain unchanged after the subdivision.
Design review approval shall be required, as applicable in the city code, for a new single-
family residence on Lot 2. At the time, an application to construct a single-family residence
is filed with the planning department, the mass, bulk, view, privacy and compatibility issues
of the proposed residence with the existing neighborhood and residences shall be examined.
3. That the site is not physically suitable for the type of development proposed. The site is
suitable for the type of development proposed in that the proposed building envelopes. The
subdivision will not impose features on the proposed lots regarding size or shape that may
constrain future development on the site. The existing conditions are such that they do not 17
Report to the Planning Commission
15320 Peach Hill Road – Application # SUB18-0002
November 14, 2018
Page | 5
include physical features including topography, location, or surroundings that may hinder
future development on the site.
4. That the site is not physically suitable for the proposed density of development. The site is
physically suitable for the proposed density of development in that the site currently has an
existing single-family home with garage, cottage, pump house, detached garage, and shed.
The potential for the construction of a new home and accessory structures on Lot 2 are
consistent with the surrounding uses and densities in the area. Densities in the immediate
surrounding area are predominantly characterized by very low-density single-family
residential uses.
5. That the design of the subdivision is likely to cause substantial environmental damage or
substantially and avoidable injure to fish or wildlife or their habitat. The design of the
subdivision is not likely to cause substantial environmental damage in that the proposed
project, which includes subdivision of one lot into two lots, is categorically exempt from the
California Environmental Quality Act (CEQA) pursuant to section 15315 of the Guidelines
for the Implementation of CEQA. This Class 15 exemption can be applied to the division of
property in urbanized areas zoned for residential use into four or fewer lots when the division
is in conformance with the General Plan and zoning regulations of the City Code, no
variances or exceptions are required, all services and access to the proposed lots to local
standards are available, the lot was not involved in a division of a larger lot within the previous
2 years, and the lot does not have an average slope of greater than 20 percent.
6. That the design of the subdivision is likely to cause serious health or safety problems. The
design of the subdivision is not likely to cause serious health or safety problems in that the
proposed project is consistent with the zoning and subdivision regulations in the City Code
and General Plan. The Santa Clara County Fire Department, School Districts, Planning
Department and Public Works Engineers have reviewed the Tentative Map and there are
existing utilities on the site. All structural improvements to the property will be reviewed by
the Community Development Department.
7. That the design of the subdivision will conflict with easements for access or use. The design
of the subdivision will not conflict with easements for access or use. The primary frontage
for both lots is on Peach Hill Road.
8. That a proposed subdivision of land which is subject to a contract executed pursuant to the
Williamson Act. The proposed subdivision of land is not subject to a contract executed
pursuant to the Williamson Act in that the project site is not under a Williamson Act contract.
ENVIRONMENTAL DETERMINATION
The proposed project is categorically exempt from the California Environmental Quality Act (CEQA)
pursuant to section 15315 (Minor Land Divisions) because the project is 1) dividing property in an
urbanized area which is zoned for residential use into four or fewer lots, 2) the project is in
conformance with the General Plan and the Zoning Regulations of the City Code, 3) no variances or
exceptions are required, 4) all services and access to the proposed lots to local standards are available,
18
Report to the Planning Commission
15320 Peach Hill Road – Application # SUB18-0002
November 14, 2018
Page | 6
5) the lot was not involved in a division of a larger lot within the previous two years, and 6) the lot
does not have an average slope greater than 20 percent.
ATTACHMENTS
1. Resolution for Tentative Map Approval
2. Report from City’s Geotechnical Consultant
3. Minutes from the July 10, 2018 HPC meeting
4. Tentative Map
19
RESOLUTION NO: 18-034
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
APPROVING TENTATIVE LOT MAP APPLICATION SUB18-002
LOCATED AT 15320 PEACH HILL ROAD
WHEREAS, on June 18, 2018, an application was submitted by Teresa Carey requesting
Tentative Lot Map approval to subdivide an approximately a 4.449 acre lot located at 15320 Peach
Hill Road. Both lots would have street frontage along Peach Hill road. The gross lot size for Lot 1
would be 85,508 square feet (1.963 acres) and Lot 2 would be 108,290 square feet (2.486 acres).
The site is zoned R-1-40,000 (Single Family Residential) with a General Plan Designation of Very
Low Density Residential (RVLD). No trees are proposed for removal.
WHEREAS, the Community Development Department completed an environmental
assessment for the project in accordance with the California Environmental Quality Act (CEQA),
and recommends that the Planning Commission determine this project exempt.
WHEREAS, on November 14, 2018, 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.
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 Categorically Exempt from the Environmental Quality Act
(CEQA) pursuant to section 15315 (Minor Land Divisions) because the project is 1) dividing
property in an urbanized area that is zoned for residential use into four or fewer lots, 2) the project is
in conformance with the General Plan and Zoning Regulations, 3) no variances or exceptions are
required, 4) all services and access to the proposed lots to local standards are available, 5) the lot
was not involved in a division of a larger lot within the previous two years, and 6) the lot does not
have an average slope greater that 20 percent.
Section 3: The project is consistent with the following Saratoga General Plan Policies:
Land Use LU 1.1 which provide that the city shall continue to be predominantly a community of
single-family detached residences and Land Use Policy LU 1.3 which provides that the city shall
ensure that existing undeveloped sites zoned single-family detached residential remain so
designated.
Section 4: The project is consistent with the Saratoga City Code in that the Planning
Commission shall not approve any tentative map if the commission finds the proposal supports any
of the following nine findings (Municipal Code Section 14-20.070(b)). Staff has provided evidence,
which does not support the findings.
Attachment 1
20
Resolution 18-034
15320 Peach Hill Road
SUB18-0002
Section 5: The City of Saratoga Planning Commission hereby approves SUB18-0002 and
located at 15320 Peach Hill road, subject to the Findings, and Conditions of Approval attached
hereto as Exhibit 1.
PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 14th day of
November 2018 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Joyce Hlava
Chair, Planning Commission
21
Resolution 18-034
15320 Peach Hill Road
SUB18-0002
Exhibit 1
CONDITIONS OF APPROVAL
SUB18-0002
15320 PEACH HILL ROAD
(APN 517-22-112)
A. GENERAL
1. 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, 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.
2. 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.
3. Conditions may be modified only by the Planning Commission unless modification is expressly
otherwise allowed by the City Code including but not limited to Sections 15-80.120 and/or 16-
05.035, as applicable.
4. The City shall mail to the Owner and Applicant a notice in writing, on or 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 Community Development
Director certifies that all 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 22
Resolution 18-034
15320 Peach Hill Road
SUB18-0002
grading work by the Owner and/or Applicant, their successors, or by any person acting on
their behalf.
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.
B. COMMUNITY DEVELOPMENT
7. An application for Design Review shall be submitted for any new single-family home to be
constructed on either lot.
8. The applicant shall submit for Arborist Review for any future Design Review application that
includes proposed removals of any ordinance sized trees per Saratoga Municipal Section 15-50.
9. The tentative map shall expire 24 months from the date on which it was approved unless a final
map is approved by the City Council prior to the date of expiration. An extension of the
expiration date may be granted by the Planning Commission for a period not exceeding 36
months. The application for extension with the payment of a fee shall be filed prior to the
expiration date. Extension of tentative map approval is not a matter of right and the Planning
Commission may deny the application.
C. WEST VALLEY SANTITATION DISTRICT
10. If applicable, the developer is required to pay all applicable fees prior to the recordation of the
Final Map. The fees will be determined upon submittal of the improvement plan. District
approval will be in the form of sewer connection permits after payment of fees.
D. PACIFIC GAS AND ELECTRIC
11. If applicable, the developer is to submit a completed application for service, approved site,
utility and elevation plans, appropriate engineering, and pay all fees prior to gas and electric
service being provided. All necessary Public Utilities Easements or Rights of Way must be
secured by the applicant prior to the installation of service. The gas and electric service facilities
will be installed under the applicable rules and tariffs in effect at the time of application.
E. PUBLIC WORKS DEPARTMENT
12. Prior to submittal of the Final Map to the City Engineer for examination, the owner (applicant)
shall cause the property to be surveyed by a Licensed Land Surveyor or an authorized Civil
Engineer. The submitted map shall show the existence of a monument at all external property
corner locations, either found or set. The submitted map shall also show monuments set at each
new corner location, angle point, or as directed by the City Engineer, all in conformity with the
Subdivision Map Act and the Professional Land Surveyors Act.
13. 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 14-23
Resolution 18-034
15320 Peach Hill Road
SUB18-0002
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:
a) Two copies of map checking calculations.
b) Preliminary Title Report for the property dated within
ninety (90) days of the date of submittal for the Final Map.
c) Two copies of each map referenced on the Final Map.
d) Two copies of each document/deed referenced on the Final Map.
e) Two copies of any other map, document, deed, easement or other resource that will
facilitate the examination process as requested by the City Engineer.
14. 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.
15. 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
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.
16. 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. Additional easements for storm water drainage and treatment
facilities shall be dedicated on the Final Map as needed.
17. The owner (applicant) shall furnish a written indemnity agreement and proof of insurance
coverage, in accordance with Section 14-05.050 of the Municipal Code, prior to Final Map
approval.
18. 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.
19. 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 subdivi-sion
improvement construction. Copies of permits other than those issued by the City shall be
provided to City Engineer.
20. The owner (applicant) shall pay the applicable Park Development fee prior to Final Map
approval.
21. 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.
24
13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070
(408)868-1274
MEMORANDUM
TO: Nicole Johnson, Planner II DATE: September 18, 2018
FROM: Cotton, Shires and Associates, Inc., City Geotechnical Consultant
SUBJECT: Geologic and Geotechnical Peer Review (S5268)
RE: Carey, Subdivision Feasibility
GE018-0022, SUB18-0002
15320 Peach Hill Road
At your request, we have completed a geologic and geotechnical peer review of the subject applications
using:
•Geologic and Geotechnical Feasibility Study (report) prepared by Upp Geotechnology, Inc., dated
August 31, 2018; and
•Civil Plans (5 sheets) prepared by Peoples Associates, dated May 27, 2018.
In addition, we have completed a recent site reconnaissance, and reviewed pertinent technical documents
and aerial photographs from our office files.
DISCUSSION
The applicant proposes to subdivide a historic lot into two lots. Lot 1 is the site of the current residence, yard,
and retaining walls that are intended to remain. Lot 2 will potentially be developed with a new residence. A
cottage structure, incinerator, pump station, 2-car garage, and driveway are present on Lot 2.
SITE CONDITIONS
The proposed site is characterized by east-facing hillside topography descending from Peach Hill Road.
Along the ridge near Peach Hill Road slopes are gentle (~10:1 H:V) but steepen eastward to 2.5:1 (H:V)
downslope of the existing cottage. The cottage is accessed by a paved driveway. Below the cottage the driveway
is not paved and descends to a 2-car garage. Site drainage for Lot 2 is generally intercepted by a northeast
directed swale. The site slopes, driveway, and swale descend to an armored channel at the base of the slope that
serves as a tributary for Wildcat Creek. The armored channel drains north and runs adjacent to the 2-car garage.
During our site reconnaissance we observed phreatophytes trending southwest-northeast upslope of the swale.
We also observed minor cuts and fills associated with existing site improvements and previous site grading.
The subject property is underlain, at depth, by sedimentary bedrock materials of the Santa Clara Formation.
These bedrock materials are overlain by colluvium to an unknown depth. The existing residence on Lot 1 is built
upon a fill pad supported by tiered retaining walls. The proposed building site for Lot 2 is located within a
Attachment 2
25
Nicole Johnson September 18, 2018
Page 2 S5268
mapped Sun area (stable unconsolidated material on gentle slopes) while portions of the property downslope
of the proposed future residence are within a mapped Ps area (potential for shallow landsliding). Portions of the
property mapped within a Ps area are also mapped within the State Earthquake Induced Landslide Hazard
zone. The San Andreas fault is mapped approximately 2.2 miles southwest of the site.
CONCLUSIONS AND RECOMMENDED ACTION
The proposed subdivision is constrained primarily by strong seismic ground shaking, undocumented fill
materials, and potentially expansive soils and bedrock. The applicant’s geologic and geotechnical consultant has
performed a feasibility study that is in general conformance with prevailing professional standards. The
consultant has observed no indications of active landsliding on the subject property, and concludes that the
proposed site is geologically and geotechnically feasible. The Project Geologic and Geotechnical Consultant
recommends that a design-level geotechnical investigation be performed prior to providing geotechnical design
parameters for a new residence on the site. We recommend Geotechnical Clearance of the proposed subdivision.
Prior to site development of Lot 2 we recommend the following:
1. Design-Level Geotechnical Investigation - The Project Geotechnical Consultant should perform
subsurface exploration, lab testing, and provide geotechnical design parameters for the proposed site
development concept. Recommendations should include, but not necessarily limited to: site
preparation and grading, foundation design parameters, and site surface and subsurface drainage
improvements.
The results of the Geotechnical Investigation shall be summarized by the Project Geotechnical
Consultant in a report with appropriate appendices and submitted to the City for review by the City
Geotechnical Consultant and City Engineer prior to issuance of Geotechnical Clearance for a specific
Lot 2 development plan.
LIMITATIONS
This geotechnical peer review has been performed to provide technical advice to assist the City in its
discretionary permit decisions. Our services have been limited to review of the documents previously identified,
and a visual review of the property. Our opinions and conclusions are made in accordance with generally
accepted principles and practices of the geotechnical profession. This warranty is in lieu of all other warranties,
either expressed or implied.
TS:DTS:CS
26
City of Saratoga
H ERITAGE P RESERVATION C OMMISSION
DRAFT MINUTES
Page 1 of 2
Date: Tuesday, July 10, 2018/ 8:30 A.M.
Type: Regular Meeting
Place: Linda Callon Conference Room - 13777 Fruitvale Avenue
1.Site Visit(s):
Commenced at 8:30 A.M.
a.15320 Peach Hill Road
b. 20601 Brookwood Lane
2. Call to order: Chair Stransky called the meeting to order at 9:10 AM
3.Roll Call:
Present: Chair Annette Stransky, Commissioners Dr. Jo Rodgers, Alexandra Nugent, Paula
Cappello, and Rina Shah
Absent: Commissioner Marilyn Marchetti
Staff: Nicole Johnson, Planner II, Sandy Baily, Special Projects Manager
4.Oral Communications:
None
5. Approval of minutes from June 12, 2018 meetings.
Shah/Nugent moved to approve the minutes. Motion passed. Ayes: Shah, Stransky, Nugent,
Cappello and Rodgers. Noes: None. Absent: Marchetti. Abstain: None
6.New Business:
a.15320 Peach Hill Road – Subdivision of property listed on the Heritage Resource
Inventory
The Commission considered a request for a two lot subdivision. Cappello/Stransky moved to
recommend approval, finding that the subdivision would not adversely affect the character of
the property’s historic resource and is consistent with the purposes and objectives of Chapter
13 (Heritage Preservation) of Saratoga’s Municipal Code. Motion passed. Ayes: Cappello,
Stransky, Nugent, Rodgers and Shah. Noes: None. Absent: Marchetti. Abstain: None.
Commissioner Shah commented to staff that when a new house was proposed, that
Attachment 3
*27
Page 2 of 2
consideration should be taken to ensure the new house would not overwhelm and take away
from the historic house.
b.20601 Brookwood Lane – Demolition of carriage house, property listed on the Heritage
Resource Inventory
The Commission considered a request to demolish a carriage house. Shah/Cappello moved
to recommend approval, finding that the demolition would not adversely affect the character
of the property’s historic resource and is consistent with the purposes and objectives of
Chapter 13 (Heritage Preservation) of Saratoga’s Municipal Code. Motion passed. Ayes:
Shah, Cappello, Stransky, Nugent, and Rodgers. Noes: None. Absent: Marchetti. Abstain:
None. The Commission encouraged that new construction should match the existing
building materials.
7.Staff Comments:
a.None
8.Old Business:
a. Saratoga Avenue/Heritage Lane – Review of draft memo to City Attorney
The HPC reviewed and made comments regarding the draft memo. Commissioner
Cappello commented that Larry Fine, the person who filed the application for Saratoga
Avenue to become a heritage lane, stated that the intent of creating the heritage lane was
to discourage the widening of the two lane rural road. The HPC directed staff to forward
the memo to the City Attorney with all of the attachments that were provided to the HPC
regarding the matter. In addition, the HPC requested that the City Attorney provide
comments regarding their request to continue reviewing projects along the heritage lane
portion of Saratoga Avenue, if it is determined that the City Code needs to be amended to
require HPC review, until such time that the Code is amended.
b. Project status provided by Commissioners
The HPC discussed updates they had regarding the projects they were working on.
c.Update of Heritage Preservation Month 2019
Commissioner Stransky informed the HPC that the library room has been booked for
May 11, 2019 and speaker Dave Weinstein has been confirmed.
9.Adjournment
Chair Stransky adjourned the meeting at 10:00 A.M.
Minutes respectfully submitted:
Nicole Johnson, Planner II
City of Saratoga 28
Attachment 4
29
30
31
32
REPORT TO THE
PLANNING COMMISSION
Meeting Date: November 14, 2018
Application: Annual Code Update/ZOA18-0001
Address/APN: City Wide
Owner / Applicant: City of Saratoga
From: Debbie Pedro, Community Development Director
Report Prepared By: Christopher Riordan, Senior Planner
STAFF RECOMMENDATION
Adopt Resolution No. 18-025 recommending the City Council adopt an ordinance which includes
amendments to Chapter 15 (Zoning Regulations) of the Saratoga City Code.
PROJECT DESCRIPTION
Staff maintains a list of proposed changes to the City Code and annually proposes amendments.
The Planning Commission reviewed the proposed amendments at their meeting of September 26,
2018. The Commission recommended modifications to the Winery definition and continued the
item so staff could make the following edits:
“Winery” means a commercial agricultural processing facility primarily used for the
fermenting and processing of fruit juice into wine. Processing can includes wholesale sales,
crushing, fermenting, blending, aging, storage, bottling, and administrative office functions for
the winery and warehousing. Special events, Rretail sales and tasting rooms facilities of wine
and related promotional items may be permitted as part of the winery operation.
On September 19, 2018, the City Council reviewed the list of proposed cleanup amendments to
the City Code and directed staff to add the following item to the list of Code updates:
Subterranean Structure definition - Clarify the definition of subterranean structures by
adding appropriate references to the regulations applicable to basements and add a
requirement that subterranean structures not be visible from the public right of way.
The table on the following pages is a summary of topics being addressed with the annual update
to the Zoning Regulations of the City Code. The actual amendments to the text of the City Code
are included in the resolution (Attachment 1).
33
Report to the Planning Commission
Annual Code Update- Application # ZOA18-0001
November 14, 2018
Page | 2
Topic Current Approach Proposed Changes
Definition of Floor
Area (15-06.280)
The floor area definition includes
“basements” as a type of space that
could be counted as floor area.
However, the basement definition in
Section 15-06.090 states below grade
spaces which qualify as a basement
are not to be included in the
calculation of floor area.
Delete the word “basements” from
Section 15-06.280 as the type of space
which could be considered as floor
area
Subterranean
Structure Definition
(15-06.685)
The subterranean structure definition
does not explicitly call out the standards
of a “wholly underground” structure.
Clarify the definition of subterranean
structures by adding appropriate
references to the regulations
applicable to basements and add a
requirement that subterranean
structures not be visible from the
public right of way.
Winery Definition
(15-06)
“Wineries” are a conditional use in the
Hillside Residential Zoning District.
The City Code does not include a
definition for a winery.
Amend Article 15-06 to add a
definition for a Winery.
Conditional Uses in
the R-1 Single-
Family Residential
District (15-12.030)
Existing code provisions include a list
of conditional uses that may be
allowed in the R-1 district upon the
granting of use permit pursuant to
Article 15-55 or Article 15-56.
Regulations pertaining to Accessory
Dwelling Units are contained in
Article 15-56 which are not
considered a conditional use and there
is no need to reference them.
Delete the reference to Article 15-56.
Conditional Uses in
the HR Hillside
Residential District
(15-13.040)
Conditional uses in the HR district
which may be permitted subject to
additional review related to traffic and
noise impacts are institutional
facilities, police and fire stations and
other public buildings and facilities,
religious and charitable institutions,
and nursing homes and day care
facilities. Wineries can have similar
traffic and noise impacts and should
be included in the list of uses requiring
additional review.
Amend Article 15-13 to add Winery to
the list of conditional uses that may be
permitted subject to additional review
regarding possible noise or traffic
impacts.
34
Report to the Planning Commission
Annual Code Update- Application # ZOA18-0001
November 14, 2018
Page | 3
AP/OS: Agricultural
Preserve Overlay
District
(Article 15-15)
In 2016 the City Council adopted
updated procedures for processing
Williamson Act applications
including streamlined procedures
for designating lands in the
“Agricultural” and “Hillside
Residential” zoning districts as
Agricultural Preserves. Because of
this new process, the AP/OS
Overlay is no longer needed.
Amend the City Code to
repeal the AP/OS overlay
district and confirm that all
lands formerly included in the
district are designated as
Agricultural Preserves.
Fence Height
Restrictions
(15-29.010)
The Planning Commission can
approve a solid fence taller than six
feet through an exception process
listed in Section 15-29.090. The City
Code incorrectly references 15-29.080
(Exemption for Agricultural Uses) as
the location of the exception process.
Amend the City Code to include the
correct reference.
Swimming Pool
Fences (15-29.010)
Section 16-75.010 pertaining to
swimming pool fencing was repealed
by Ord. No. 310 adopted in Dec. 4,
2013. The existing fence regulations
pertaining to swimming pools
reference the deleted section.
Swimming pool fence regulations are
contained in the California Building
Code.
Delete the reference to Section 16-
75.010 and replace it with a reference
to the California Building Code.
Native Tree
Definitions (15-
50.020(p))
The list of native trees includes tree
names that are incorrectly capitalized
or the botanical names are spelled
incorrectly.
Amend the City Code to correct the
misspellings.
ATTACHMENT
1. Resolution recommending the City Council approve the proposed amendments to Chapter 15
(Zoning Regulations) of the City Code.
35
RESOLUTION NO: 18-025
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
RECOMMENDING APPROVAL OF AMENDMENTS TO
CHAPTER 15 OF THE SARATOGA CITY CODE
APPLICATION ZOA18-0001
The City of Saratoga Planning Commission finds and determines as follows with respect to
the above-described application:
WHEREAS, during the review and implementation of Chapter 15 (Zoning) of the
City Code, staff has identified specific code sections which are inconsistent with other
sections of the Zoning Code, are difficult to interpret, or have been preempted by changes
to California law. The current review has identified proposed amendments to various Code
sections shown in Exhibit A.
WHEREAS, on November 14, the Planning Commission held a duly noticed Public
Hearing on the legislation described above 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 amendments, staff report, correspondence, presentations from
the public, and all testimony and other evidence presented at the Public Hearing.
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 legislation described in the recitals is categorically exempt from
the California Environmental Quality Act (CEQA) pursuant to Public Resources Code
Sections 15061(b)(3). CEQA applies only to projects which have the potential of 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. In this circumstance, the minor
amendments are clarifying only and would have a de minimis impact on the environment.
Section 3: 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 to the City Council to amend
the City Code as shown in Exhibit A.
Attachment 1
36
Resolution No. 18-025
2
PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 14th
day of November 2018 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Joyce Hlava
Chair, Planning Commission
Attachment:
Exhibit A – Proposed Zoning Code Amendments
37
1
Exhibit A
PLANNING COMMISSION RECOMMENDED AMENDMENTS TO VARIOUS
SECTIONS OF CHAPTER 15 OF THE SARATOGA CITY CODE
The Planning Commission recommends that the Saratoga City Code be amended as set forth below.
Text to be added is indicated in bold double-underlined font (e.g., bold double-underlined) and text to
be deleted is indicated in strikeout font (e.g., strikeout). Text in standard font is readopted by this
ordinance. Text in italics (e.g., italics) is explanatory and not a part of the ordinance.
1. Definition of Fence
15-06.261 – Fence
"Fence" means any structural device forming a physical barrier by means of glass, wood,
masonry, metal, chain, brick, stake, plastic, concrete block, wrought iron, wire, or other similar
materials. A a wall, other than a wall of a building or a retaining wall, is considered a fence.
2. Floor Area Definition
15-06.280 Floor Area
"Floor area" means the total enclosed, habitable or accessible floor space of all floors of a
building where the interior height of the area is equal to or greater than five feet. The term
"enclosed," as used in this Section, means a structure or area with a ro of and with three or more
walls, or an equivalent percentage of enclosure. The term "roof," as used in this Section, means a
covering of any solid material over at least seventy -five percent of the area.
Floor area is measured to the outside surfaces of e xterior walls. In the case of a sloped ceiling
or ground surface, the floor area shall be measured to the point at which the interior height is less
than five feet.
Pursuant to the foregoing, floor area may include halls, stairways, elevator shafts, ducts ,
service and mechanical equipment rooms, underfloor areas, porches, verandas and similar building
elements, garages, attics, basements, crawl spaces and accessory structures. Floor area does not
include interior courts, which are areas surrounded on all s ides by habitable space but which do not
have a roof, as defined in this Section.
3. Subterranean Structure Definition
15-06.685 - Subterranean Structure
"Subterranean Structure" includes a cellar, bunker, or other structure that (a) is not located
beneath the building footprint of a structure; (b) does not encroach into setback areas; (c) the
vertical distance from grade to the topmost point of the structure is less than or equal
to forty-two inches. The term "grade" shall mean either the natural grade or finished
grade immediately adjacent to the exterior walls of the structure, whichever is lower;
(d) is located wholly underground except for required ingress/egress, lighting and
38
2
ventilation; and (e) is not visible from the public right of way. The floor area of
subterranean structures is not counted against a property's maximum floor area and only fifty
percent of the floor area is counted against a property's maximum site coverage.
4. Winery Definition
15-06.725 Winery
“Winery” means a commercial agricultural facility primarily used for the fermenting and
processing of fruit juice into wine. Processing can include s wholesale sales, crushing,
fermenting, blending, aging, storage, bottling, and administrative office functions for the
winery and warehousing. Special events, retail sales and tasting rooms may be permitted as
part of the winery operation.
5. Conditional Uses in the R-1: Single Family Residential District
15-12.030 Conditional uses.
The following conditional uses may be allowed in the R-1 districts, upon the granting of a use
permit pursuant to Article 15-55 or Article 15-56 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, in excess of six persons being cared for at the facility.
(g) Public utility and public service pumping stations, power stations, drainage ways and
structures, storage tanks and transmission lines.
(h) Recreational courts, to be used solely by persons resident on the site and their guests, where
the lot is located in an R-1 district that is combined with a P-C district or is part of a planned
residential development.
(i) Boarding stables and community stables, subject to the regulations prescribed in Section 7-
20.220 of this Code.
(j) Model homes utilized in connection with the sale of new single -family dwellings in a
subdivision, located upon a lot within the same subdivision or, in the discretion of the Planning
Commission, upon a lot within another subdivision developed by the applicant, for such period of
time as determined by the Planning Commission, not to exceed an initial term of one year and not
exceeding a term of one year for each extension thereof.
(k) Cemeteries.
39
3
6. Conditional Uses in the HR: Hillside Residential District
15-13.030 Conditional uses.
The following conditional uses may be allowed in the HR district, upon the granting of a use
permit pursuant to Article 15-55 or Article 15-56 of this Chapter. The conditional uses listed in
subsections (k), (l), (m), and (n), and (h) of this Section may be permitted, provided the uses do not
create major traffic or noise impacts and are found to be compatible with the immediately
surrounding area:
(a) Accessory structures and uses located on the same site as a conditional use.
(b) Public utility and public service pumping stations, power stations, drainage ways and
structures, storage tanks and transmission lines.
(c) Recreational courts, to be used solely by persons resident on the site and their guests.
(d) Boarding stables and community stables, subject to the regulations prescribed in Section 7-
20.220 of this Code.
(e) Model homes utilized in connection with the sale of new single-family dwellings in a
subdivision, located upon a lot within the same subdivision or, in the discretion of the Planning
Commission, upon a lot within another subdivision developed by the applicant, for such period of
time as determined by the Planning Commission, not to exceed an initial term of one year and not
exceeding a term of one year for each extension thereof.
(f) Stables and corrals for the keeping for private use of more than two horses on a site. The
minimum net site area for each horse shall be forty thousand square feet, except that in the
equestrian zone only, one additional horse may be permitted for each forty thousand square feet of
net site area. All horses shall be subject to the regulations and license provisions set forth in Section
7-20.220 of this Code.
(g) Plant nurseries, excluding sales of items other than plant materials.
(h) Wineries.
(i) Cluster development in accordance with Section 15-13.060(c).
(j) Community facilities.
(k) Institutional facilities.
(l) Police and fire stations and other public buildings, structures and facilities.
(m) Religious and charitable institutions.
(n) Nursing homes and day care facilities.
40
4
7. Agricultural Preserves
Article 15-15 - AP/OS: AGRICULTURAL PRESERVES OPEN SPACE OVERLAY
DISTRICT
15-15.010 - Purposes of Article.
In addition to the objectives set forth in Section 15-05.020, the City establishes agricultural
preserves to/open space overlay district is included in the Zoning Ordinance to achieve the following
purposes:
(a) To satisfy legal requirements with respect to the zoning classification designation of land
on which Williamson Act contracts may be executed and renewed, thereby encouraging and
preserving such contracts in accordance with the policies set forth in the General Plan.
(b) To implement the open space element of the General Plan.
15-15.020 - Definitions.
In addition to the definitions set forth in Article 15-06, all of which are applicable to this Article, the
following definitions shall also apply to certain terms used herein:
(a) Williamson Act means the California Land Conservation Act of 1965, as set forth in
Chapter 7 (commencing with Section 51200) of Part 1, Division 1, Title 5 of the Government Code.
(b) Williamson Act contract means an agreement between the City and the landowner
executed pursuant to the Williamson Act and the rules and regulations adopted by the City for the
conduct of proceedings thereunder.
(c) Agricultural preserve means a parcel or area of land that is (1) devoted to either
agricultural use, recreational use, open space use or any combination of such uses, as defined in
Section 51201 of the Williamson Act and (2) designated by the City Council in accordance with
the City’s Procedures for Initiating, Filing and Processing Requests to Establish Agricultural
Preserves.
(d) Open space means a parcel or area of land which is essentially unimproved and devoted to
open space, as defined in Section 65560(b) of the Government Code.
(e) AP/OS overlay means the agricultural preserve/open space overlay district established by
this Article.
(f) Underlying zoning means the zoning classification of a parcel or area of land in an
agricultural preserve the absence of the AP/OS overlay district.
15-15.030 - Establishment of AP/OS overlay district.
An agricultural preserve/open space overlay district is hereby established upon all parcels or areas of
land designated "AP/OS Overlay" on the overlay zoning map approved as part of this Article and
such lands are hereby designated as agricultural preserves and open space lands, all such lands being
subject to Williamson Act contracts as of the effective date of this Article.
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15-15.040 - Permitted uses.
Each parcel or area of land designated as an agricultural preserve within the AP/OS overlay
district shall be used only for the purposes expressly permitted under the terms of the Williamson
Act contract applicable to such land.
15-15.050040 - Termination of agricultural preserve overlay.
Upon the effective date of any expiration or termination of a Williamson Act contract covering any
parcel or area of land designated as an agricultural preserve within the AP/OS overlay district,
such land shall automatically be terminated as an agricultural preserve removed from the AP/OS
overlay district and shall thereafter be regulated classified solely according to the underlying zoning
for such land. Nothing herein shall prevent the subsequent execution of a new Williamson Act
contract pertaining to such land, in which event the land shall again be designated as an
agricultural preserve included within the AP/OS overlay district.
15-15.060050 - Status of existing Williamson Act contracts.
This Article shall not constitute or be interpreted as causing any alteration, amendment or
impairment of any Williamson Act contract which has not expired or been terminated as of the
effective date of this Article, and all such contracts are hereby ratified, acknowledged and confirmed
by the City and declared to be in full force and effect.
In addition, amend section 15-10.010 as follows:
15-10.010 - Designation of districts.
The districts established by this Chapter are depicted on the Zoning Map and are described as
follows:
(a) A: Agricultural district.
(b) R-1: Single-family residential districts, consisting of:
R-1-40,000 district
R-1-20,000 district
R-1-15,000 district
R-1-12,500 district
R-1-10,000 district
(c) HR: Hillside residential district.
(d) R-OS: Residential open space district.
(e) AP/OS: Agricultural preserve/open space overlay district.
[No changes in the remainder of the section except that (f) through (m) are redesignated as (e)
through (l) respectively.]
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8. Fence Height Restrictions
15-29.010 - Height restrictions.
(a) General regulations. A building permit shall be required for any solid fence more than six
feet in height. Height maximums and permitted materials for fences shall be as follows:
(1) Solid fences. Except as otherwise specified in this Article, no solid fence shall exceed six
feet in height. However, up to two feet of lattice (or similar material) that is at least twenty-five
percent open to the passage of light and air may be added to the top of a solid fence. A solid fence
taller than six feet shall not be permitted unless approved by the Planning Commission through the
exception process detailed in Section 15-29.080 15.29.090, or approved by the Community
Development Director pursuant to Sections 15-29.030, 15-29.040, or 15-29.050 of this Chapter.
(2) Open fences. Except as otherwise specified in this Article, open fencing, such as wrought
iron, wire material, split rail, chain link, or other similar fencing shall not exceed eight feet in height.
With the exception of chain link fencing, open fencing shall have openings sufficient to allow the
unobstructed passage of a sphere having a diameter of four inches. For chain link fencing, the
opening shall be two inches at minimum and no slats are allowed in any opening.
[No changes in subsections (b) through (j)]
(k) Swimming pool fences. Fences required for swimming pools are governed by the
California Building Code City Code Sections 16-75.010 and City Code Section 15-29.020(e).
(l) Retaining walls. No retaining wall shall exceed five feet in height. Notwithstanding the
foregoing, no retaining wall located in a front or exterior side setback area shall exceed three feet in
height.
9. Tree Regulations
15-50.020 - Definitions.
For the purposes of this Article, the following words and phrases shall have the meanings
respectively ascribed to them by this Section, unless the context or the provision clearly requires
otherwise:
[No changes in subsections (a) through (o)]
(p) Native tree means Ccoast Llive Ooak (Quercus agrifolia), Vvalley Ooak (Quercus lobata),
Tan Oak tanoak (Lithocarpus Notholithocarpus densiflorus), Bblack Ooak (Quercus kelloggii),
Bblue Ooak (Quercus douglasii), Sscrub Ooak (Quercus dumosa), Bbig Lleaf Mmaple (Acer
macrophylhlum), California Bbuckeye (Aesculus californica), Douglas fir (Pseudotsuga menziesii)
and Ccoast Rredwood (Sequoia sempervirens).
[No changes in subsections (q) through (cc)]
43
REPORT TO THE
PLANNING COMMISSION
Meeting Date: November 14, 2018
Application: Parking Ordinance Update/ZOA18-0002
Address/APN: CH Districts (The Village)
Owner / Applicant: City of Saratoga
From: Debbie Pedro, Community Development Director
Report Prepared By: Sandy L. Baily, Special Projects Manager
STAFF RECOMMENDATION
Adopt Resolution No. 18-027 recommending the City Council adopt an ordinance to amend
Chapter 15 (Zoning Regulations) of the Saratoga City Code regarding parking regulations.
BACKGROUND
Between 2016 and 2017 the Planning Commission met five times in community study sessions to
discuss updates in the areas of the Village Vision and Parking/Circulation which is under the first
phase of the Village Policy Update process. The Commission’s comments were forwarded to the
City Council who affirmed the Commission’s recommendations on April 5, 2017. This action
allowed for commencement of the process to consider the proposed zoning ordinance amendments.
DISCUSSION
The proposed amendments reflect what was recommended by the Planning Commission and
presented to City Council. The goal of the Commission was to establish one set of parking
standards for the entire C-H District with respect to restaurant, retail, office and personal service.
Currently there are four separate parking standards being used within a six block radius of the
Village. Proposed changes to the Ordinance, as recommended by the Planning Commission, are
summarized below:
1. Remove City Code Section 15-35.020(k) “Surplus parking in C-H district”. This change
would remove reference to the “parking surplus” from the City Code.
2. Amend City Code Section 15-35.035 “Parking ratios for off-street parking and loading
spaces” to require the following standards for businesses in the Village:
• Restaurants/Bars/Wine Tasting Rooms 1 parking space for each 75 sq. ft.
• Retail/Office/Personal Service 1 parking space for each 350 sq. ft.
• Parking for all other land uses Subject to Section 15-35.030 of City Code
44
Report to the Planning Commission
Parking Ordinance Update- Application # ZOA18-0002
November 14, 2018
Page | 2
3. Amend the City Code to require a Conditional Use Permit (CUP) for any intensification of
use over the previous use resulting in an increase in parking required.
4. Amend the City Code to include findings required to approve a project if the parking impact
cannot be mitigated. The findings recommended by the Commission are included in the
proposed ordinance amendment. Finding (ii) was refined by staff for clarity purposes and is
recommended by staff. The original wording was as follows: “That the demand placed on
the Village’s parking resources will not have a detrimental effect on the reasonable use
of those resources by the Village at large .” Recommended wording is as follows:
“That the demand placed on the City’s public parking supply in the Village will not
have an unreasonable impact on the Village at large.”
In regards to the parking ratios noted above, the restaurant standard is the City’s current standard
and was determined to be a fair reflection of parking demand for eating establishments. Some cities
use seating counts to determine parking ratios, but monitoring restaurant seats becomes an
enforcement challenge. As discussed at the community study sessions, staff found that given the
size of the Village and level of activity, that one space for each 350 square feet was a reasonable
benchmark for standard commercial uses with a central business district such as the Village.
Two additional amendments not discussed at the study sessions are recommended to Sections 15-
35.020, 15-06.560 and 15-35.030, as shown below, regarding how far off-street parking spaces in
the C-H District can be located from a business and redefining extensive and intensive retail
parking.
Location of CH parking. This requirement has been in the City Code since at least the 1950’s and
has not been considered or used for quite some time. It was most likely used when contiguous or
nearby properties were owned by the same person who wanted to build a parking lot or garage on a
separate parcel for their commercial use. With the current buildout of the Village, it is questionable
if this requirement could be utilized. With the proposed requirements for a CUP to mitigate
intensification of required parking in the C-H District, the location of the off-street parking spaces
will be evaluated on a case by case basis during the review of a CUP application. Therefore, staff is
recommending that this section be modified as follows:
Section 15-35.020 (h) Location of Parking: In all districts except a C -H
district, the off -street parking spaces prescribed i n Section 15-35.030 shall be
located on the same site as the use for which the spaces are required, or on an
adjacent sit e or a site separated only by an alley from the use for which the
spaces are required. In a C -H district, the off-street parking spaces prescribed in
Section 15-35.0305 may be located within three hundred feet of the use for
which the spaces are required, measured by the shortest route to be used for
pedestrian access on or off site as permitted in Section 15 -35.035.
Intensive and extensive retail parking: The City’s definition of retail parking, Section 15-06.560,
is broken into two categories, intensive and extensive. Intensive retail is basically general retail
merchandise which is conducive to the Village environment. Extensive retail is large bulky
45
Report to the Planning Commission
Parking Ordinance Update- Application # ZOA18-0002
November 14, 2018
Page | 3
commodities where the items are on display, such as furniture, appliances, mattresses and floor
coverings. The current definition of extensive retail is outdated. Therefore, staff is recommending
the following modifications:
15-06.560 - Retail establishment.
"Retail establishment" means a use engaged in the sale or rental of goods
directly to the consumer with no more than two thousand square feet or twenty -
five percent of the total floor area dedicated to food and/or bev erage sales for
off-site human consumption. Any use engaged in the sale of personal services is
not a retail establishment.
(a) Extensive retail establishment, as used with respect to parking
requirements, means a retail use having more than seventy -five percent of the
floor area used for display, sales and related storage of bulky commodities,
including household furniture and appliances, lumber and building materials,
carpeting and floor coverings, air conditioning and heating equipment, and
similar goods, which uses have demonstrably low parking demand generation
per square foot of floor area.
(b) Intensive retail establishment, as used with respect to parking
requirements, means any retail use not defined as an extensive retail
establishment.
15-35.030 - Schedule of off-street parking spaces.
Off-street parking spaces shall be provided in accordance with the following
schedule:
Use Spaces Required
… …
(n)Intensive rRetail establishments
One space for each
two hundred
square feet of floor
area.
(o) Extensive retail establishments Bulky
commodity sales establishments such as
household furniture, mattresses, appliances,
carpeting and floor coverings
One space for each
five hundred
square feet of floor
area.
… …
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Report to the Planning Commission
Parking Ordinance Update- Application # ZOA18-0002
November 14, 2018
Page | 4
GENERAL PLAN AND SARATOGA VILLAGE PLAN CONSISTENCY
The proposed amendments are consistent with the following policies of the General Plan and the
Saratoga Village Plan:
General Plan Policy LU 2.5: The City shall monitor Zoning Ordinance standards to ensure that
nonresidential parking standards are adequate to minimize spill-over of parking into adjacent
neighborhoods.
General Plan CI-Policy-7.5 Allow reduced parking supplies for parcels, where appropriate, in order
to utilize the area-wide parking supply.
Saratoga Village Plan Circulation and Parking Policy 2.9 – The City shall explore alternatives to the
requirements for the provision of parking for properties that are not within parking districts and
either cannot provide parking on site or where it is desirable to provide parking off-site.
PUBLIC COMMENTS
To date, staff has not received any comments from the public.
ATTACHMENTS
1. Resolution recommending that the City Council approve the proposed amendments to Chapter
15 (Zoning Regulations) of the City Code regarding parking regulations.
2. City Council staff report for the Village Policy Update Process-Phase 1 dated April 5, 2017
3. Excerpt of City Council meeting minutes dated April 5, 2017
47
RESOLUTION NO: 18-027
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
RECOMMENDING APPROVAL OF AMENDMENTS TO CHAPTER 15 OF
THE SARATOGA CITY CODE REGARDING PARKING STANDARDS TO THE
C-H DISTRICTS AND PARKING REGULATIONS
APPLICATION ZOA18-0002
The City of Saratoga Planning Commission finds and determines as follows with respect to
the above-described application:
WHEREAS, between 2016 and 2017 the Planning Commission met five times in
community study sessions to discuss updates in the areas of the Village Vision and
Parking/Circulation which is under the first phase of the Village Policy Update process. The
Commission’s comments were forwarded to the City Council who affirmed the
Commission’s recommendations on April 5, 2017.
WHEREAS, the Planning Commission has identified proposed amendments to the
City Code to implement Phase 1 of the Village Plan update regarding parking regulations
for the C-H Districts which includes establishing one set of parking standards for the entire
C-H District with respect to restaurant, retail, office and personal service and to eliminate
surplus parking.
WHEREAS, on November 14, 2018, the Planning Commission held a duly noticed
Public Hearing on the legislation described above 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 amendments, staff report, correspondence, presentations from
the public, and all testimony and other evidence presented at the Public Hearing.
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: Pursuant to the California Environmental Quality Act (“CEQA”), this
action to amend the City Code regarding parking in the C-H District is exempt from CEQA
under California Code of Regulations, Title 14, Section 15061(b)(3) which provides that
CEQA applies only to projects which have the potential of causing a significant effect on
the environment, and that where, as here, it can be seen with certainty that there is no
reasonable possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA.
Attachment 1
48
Resolution No. 18-027
2
Section 3: 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 to the City Council to amend
the City Code as shown in Exhibit A.
Section 4: The Planning Commission further recommends to the City Council that
an Ordinance adopted by the City Council as recommended herein include a provision that
development applications submitted after November 21, 2018 for a site which is located
within a C-H District shall be subject to this ordinance.
PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 14th
day of November 2018 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Joyce Hlava
Chair, Planning Commission
Attachment:
Exhibit A – Proposed Zoning Code Amendments
49
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Exhibit A — An Ordinance Adopting Amendments to the City Code
Related to Off-Street Parking
The sections of the Saratoga Municipal Code as set forth below are amended or adopted as
follows:
Text added to existing provisions is shown in bold double underlined text (example) and
text to be deleted in shown in strikethrough (example). Text in italics is explanatory and
is not an amendment to the Code.
15-06.560 - Retail establishment.
"Retail establishment" means a use engaged in the sale or rental of goods directly to the
consumer with no more than two thousand square feet or twenty -five percent of the total floor
area dedicated to food and/or beverage sales for off -site human consumption. Any use engaged
in the sale of personal services is not a r etail establishment.
(a) Extensive retail establishment, as used with respect to parking requirements,
means a retail use having more than seventy-five percent of the floor area used
for display, sales and related storage of bulky commodities, including
household furniture and appliances, lumber and building materials, carpeting
and floor coverings, air conditioning and heating equipment, and similar
goods, which uses have demonstrably low parking demand generation per
square foot of floor area.
(b) Intensive retail establishment, as used with respect to parking requirements,
means any retail use not defined as an extensive retail establishment.
15-35.030 - Schedule of off-street parking spaces.
Off-street parking spaces shall be provided in accordance with the following schedule:
Use Spaces Required
… …
(n)Intensive rRetail establishments
One space for each two
hundred square feet of
floor area.
(o) Extensive retail establishments Bulky commodity sales
establishments such as household furniture, mattresses,
appliances, carpeting and floor coverings
One space for each five
hundred square feet of
floor area.
… …
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2
15-35.020 - General requirements and regulations for off-street parking spaces.
…
(h) Location of Parking: In all districts except a C-H district, the off-street parking
spaces prescribed in Section 15-35.030 shall be located on the same site a s the use for
which the spaces are required, or on an adjacent site or a site separated only by an alley
from the use for which the spaces are required. In a C -H district, the off-street parking
spaces prescribed in Section 15-35.0305 may be located within three hundred feet of
the use for which the spaces are required, measured by the shortest route to be used for
pedestrian access on or off site as permitted in Section 15 -35.035.
…
(k) Surplus parking in C-H district: Notwithstanding any other provision of this Code,
for applications deemed complete after March 1, 2006, no off -street parking shall be
required of any new, altered, or enlarged site or structure in any C -H district until such
time as a total of forty-one thousand eight hundred fifty square f eet of gross floor area
beyond that existing on March 1, 2006 ("surplus floor area") has been constructed or
otherwise allocated as set forth below in the C -H districts. This provision shall be
administered as follows:
(1) Allocation procedure: Surplus floor area shall be allocated on a first -come,
first-served basis, based on the date that the application submittal is deemed
complete by the Community Development Department;
(2) New site or structure: The amount to be deducted from the surplus floor area
for a new site or structure shall be the gross floor area calculated using the
methodology for determining gross floor area in subsection (e) of this Section;
(3) Alteration that increases floor area: The amount to be deducted from the
surplus floor area for an alteration to an existing site or structure that increases
the gross floor area of that site or structure shall be the difference between the
new gross floor area and the existing gross floor area determined in accordance
with subsection (e) of this Se ction;
(4) Change in use that does not increase floor area: The amount to be deducted
from the surplus floor area for a change in use to an existing site or structure
that does not increase the gross floor area of that site or structure shall be
determined as follows: The number of parking spaces required for the change
in use, as determined by the off -street parking space requirements prescribed in
Section 15-35.030, shall be multiplied by four hundred fifty square feet to
determine the "changed use area". The number of parking spaces allocated to
the prior use shall be multiplied by four hundred fifty square feet to determi ne
the existing parking credit. The amount to be deducted from the surplus floor
area shall be the changed use area minus the existing parking credit. For
example: If a change in use requires four parking spaces, then the changed use
area is equal to one t housand eight hundred square feet. If the previous use
required one parking space, then existing parking credit is four hundred fifty
square feet. The surplus floor area to be deducted would be one thousand three
hundred fifty square feet;
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3
(5) Exception for parking districts: Notwithstanding subsection (4), above, no
deduction from the surplus floor area shall be made or required for any change
in use or alteration to an existing site or structure within a City parking district
that does not increase the gross floor area of that site or structure;
(6) Removal of allocation : Allocation of surplus floor area to an application shall
be removed at such time as the application is denied or withdrawn and, for
applications that are approved, upon the expiration o f that approval. If an
application is modified by the applicant or the approval in a manner that
changes the gross floor area associated with the application, the allocation shall
be adjusted accordingly;
(7) Allocation monitoring: The Community Developmen t Department shall
monitor and maintain an account showing the amount of surplus floor area that
has been allocated pursuant to this Section and the amount that remains to be
allocated; and
(8) Projects in excess of available allocation: Any proposed new, altered, or
enlarged site or structure in any C -H district that would add more gross floor
area than the remaining surplus floor area shall comply with the off -street
parking requirements set forth in subsection (a) of this Section and elsewhere
in this Code as to the excess floor area unless the applicant applies for and pays
the costs of a parking study to be completed by the City Traffic Engineer and
that study is approved by the Planning Commission and determines that excess
parking capacity is availabl e in the C-H districts and recommends that the
amount of surplus floor area be increased at least by an amount that would
accommodate the proposed new, altered, or enlarged site or structure.
15-35.035 - Parking ratios for off-street parking and loading facilities Schedule of off-street
parking spaces for C-H District.
(a) Where a site is located within and constitutes a part of a City parking district, the off -
street parking requirement for each district shall be as follows, regardless of the particular
category of use or uses occupying the site Off-street parking spaces shall be provided in
accordance with the following schedule :
District Use Spaces Required
No. 1
Restaurants/Bars/
Wine Tasting
One space for each 473.5 75 square feet of floor area.
No. 2 Retail
Establishments/Office/
Personal Service
One space for each 380 350 square feet of floor area.
No. 3 Other Land
Uses
One space for each 350 square feet of floor area, plus any additional
square footage allowed on the site as a result of the acquisition of
52
4
development rights created by the City upon formation of Parking
District No. 3. Subject to Section 15-35.030.
No. 4 One space for each 380 square feet of floor area.
(b) Any application for an intensification in use re sulting in an increase of required
parking that cannot be provided on site may be approved by the Planning
Commission with a conditional use permit.
(1) Application for a conditional use permit must be supported by
documentation that any proposed alternative use of parking, valet parking,
or parking agreement will not effectively result in any other use providing
fewer off-street parking spaces than requir ed under this Article. An
applicant will need to demonstrate adequate parking mitigation through
either alternative use of parking, valet parking, or parking agreements with
other business owners who have available on -site parking. The Planning
Commission may require the following prior to issuance of a conditional
use permit:
i) Submission of a parking plan by parties to a proposed
alternative/valet parking plan, which shall describe the users and
their times of operation;
(ii) Written agreements between the parties setting forth the terms and
conditions under which the off -street parking spaces will be
operated.
(iii) Written maintenance agreements; and
(iv) Other documents or commitments, including recordation of such
documents, deemed necessary by the Planning Commission.
(2) For applications that cannot provide adequate parking mitigation, the
following additional findings are required to approve a conditional use
permit:
(i) That the proposed project will advance the vision reflected in one
or more of the goals identified for the Village in the Saratoga
Village section of the Land Use Element of the General Plan;
(ii) That the demand placed on the City’s public parking supply in the
Village will not have an unreasonable impact on the Village at
large; and
(iii) That the benefit of the proposed project, measured against those
goals and policies established in the General Plan and the Village
Design Guidelines, outweighs the impact on parking resources.
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SARATOGA CITY COUNCIL
MEETING DATE:April 5, 2017
DEPARTMENT:Community Development
PREPARED BY:Kirk Heinrichs, Special Projects Manager
SUBJECT:Village Policy Update Process – Phase I Recommendations
RECOMMENDED ACTION:
Review and affirm the Planning Commission recommendations for Phase I of the Village Policy
Update Process.
BACKGROUND:
On May 24, 2016, the City Council considered the results of a community outreach initiative that
gathered the viewpoints and opinions of the community about the Village. After reviewing the
outreach results, the Council confirmed that the Village Specific Plan had served its useful life,
and that future policy guiding land use, development and building modifications in the Village
should be incorporated into the General Plan, Village Design Guidelines, and the Zoning
Ordinance.
On September 7, 2016, the City Council authorized a work plan for staff and the Planning
Commission to develop policies around the following four topic areas in response to the
community outreach:
Phase 1 November 2016 – February 2017
Village Vision
Parking and Circulation
Phase II March 2017 – June 2017
Village Design and Character
Opportunity Sites
Over the last six months, the Planning Commission has met five times in community study sessions
to discuss policy updates in the areas of Village Vision and Parking/Circulation. Under the work
plan, after the completion of Phase I, the Commission’s recommendations are to be forwarded to
the City Council for review and affirmation to ensure that the City Council accepts the
Attachment 2
54
recommendations as proposed. The same process will occur after the completion of Phase II. The
formal adoption process of the policy updates from both Phases I and II are scheduled to occur in
the fall.
DISCUSSION:
Village Vision
During the community outreach, residents as well as Village business and property owners were
queried about what their vision was for the Village. The Commission was asked to rely on the
community surveys as well as their knowledge of the community in their roles as Commissioners
in vetting what overarching policy statements best reflects the community’s views.
These goals and policies are not only intended to serve as the community’s stated vision, but also
serve as guiding principles for the more detailed policy that will come about with the update of the
Village Design Guidelines.
Planning Commission Village Vision Policy Recommendations
The Planning Commission is recommending the following language be considered as part of the
General Plan Land Use Element update:
Saratoga Village (Downtown)
Saratoga Village roots are traced to the mid 19
th century when it served as a hub for the area’s
orchard, logging and wine making industries and represented an agricultural and rural way of
life. This hillside community later evolved into a colony of summer cottages providing a respite
from the urban life of San Francisco. While the agriculturally based Santa Clara Valley has
evolved into Silicon Valley, Saratoga has maintained a semi-rural feel that is reflected in the
physical form and human scale of the Village as it continues to remain connected to its history.
The City wants the Village to thrive economically through supportive land use policy. Saratoga
promotes the unique characteristics and charm of the Village as an asset to be embraced in
achieving that objective.
Goal LU 17: Value and protect the human scale and historic context of downtown
Saratoga.
Policy 17.1 The physical form and scale of the Village is connected with its rural
origin capturing the charm of its 19th century roots. The City shall ensure that the
integrity and character of Saratoga Village continues to reflect this familiar identity and
retain the quaint qualities that have characterized its architectural form over the years.
Policy 17.2 Property development and building improvements shall fully utilize
and respect the natural hillside and creek setting of the Village.
Goal LU 18: To encourage and support the tenets of a vibrant and
commercially successful downtown.
Policy 18.1:The City supports and encourages an interesting and diverse mix of
ground floor retail and restaurant uses that appeal to the community and broader
marketplace to ensure the success and sustainability of the Village as a viable
commercial center.
55
Policy 18.2 The City shall explore expanding the Village boundaries to include
certain adjacent properties that naturally relate to the Village’s commercial and
historical presence.
Goal LU 19: The Village shall serve as a center of community and civic activity.
Policy 19.1: The City shall consider the Village an important venue for civic events
and community activities and will pursue opportunities to create and utilize public
plazas and gathering places.
Policy 19.2:The City shall cultivate opportunities for incorporating public art
and music in the Village as a means of enhancing the Village experience and
emphasizing its place as a primary focal point in the community.
.
Goal LU 20: Improve the effective and efficient use of public and private
parking, and implement available circulation alternatives.
Policy 20.1:The City shall develop and implement a Parking Management Plan
that outlines a strategy for the efficient and effective use of parking resources
necessary to the commercial success of the Village.
Policy 20.2:The City shall review and expedite the implementation of the
planned “turnaround” at the western end of Big Basin Way to more effectively navigate
automobile circulation through the Village.
Implementation 17a:
The City shall use City Council actions, the City Code, Zoning Ordinance, Village
Design Guidelines, and the design review process to ensure compliance with these
goals and policies.
Parking and Circulation
Four parking districts have been created over the years totaling 461 public parking spaces. Each
district has its own parking requirements determined at the time the district was created. The
commercial properties adjacent to each parking district parking lot are assigned to that district
(refer to Attachment 1).
Year Established # of Spaces Parking Requirement
Parking District 1 1967 133 1 space/473.5 sq. ft.
Parking District 2 1978 57 1 space/380 sq. ft.
Parking District 3 1988 210 1 space/350 sq .ft.
Parking District 4 1978 61 1 space/380 sq. ft.
Total Public Parking 461
Parking requirements for properties outside the parking districts are more restrictive than those
shown above for the parking districts. For example, a 1,000 square foot restaurant would
hypothetically be required to provide only 2 parking spaces (one space per 473.5 square feet) in
Parking District 1. If the same restaurant was located outside any of the parking districts it would
be required to provide 13 parking spaces (one space per 75 square feet).
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A count of total parking supply in the Village is as follows:
Off-Street Public Parking (Parking Districts):461
On-Street Public Parking:115
Parking Spaces on Private Property:144
Total Parking:720
When Parking District 3 was created in 1988, it was determined that the number of parking spaces
created would exceed the number required for the existing building floor area within the District,
calculated on a ratio of one space for each 350 square feet of floor area. As a result, a policy was
adopted by resolution that allowed the property owners within Parking District 3 a one year option
to purchase additional parking credits for the purpose of expansion at a cost of $13,600 per space.
After one year, the offer was extended to all properties within the Village. Between 1988 and
2006, no one took advantage of the offer.
In 2006, in order to provide economic incentive to all Village property and business owners, the
City Code was amended allocating an equivalency of 41,850 square feet of floor area available for
either building expansion or intensification of use without having to add parking due to the parking
surplus. The ordinance also placed a moratorium on charging a fee for the parking surplus.
Subsequent applications that proposed building expansion or intensification were allocated
parking from the parking surplus without charge. The number of parking spaces needed to cover
the higher parking requirement for a proposed use or expansion would be subtracted from the so-
called “parking surplus”. Staff has tracked the use of the “parking surplus” and since 2006 there
have been 16 applications approved using a parking credit from the parking surplus. A total of 48
spaces have been credited against the surplus leaving a balance of 42 spaces. There is general
consensus from the community survey and the Planning Commission that parking congestion in
the Village has reached a point where this program is no longer desired.
The Planning Commission has put forward a series of recommendations for the City Council to
consider.
Planning Commission Village Parking & Circulation Policy Recommendations
Remove City Code Section15-35.020(k) “Surplus parking in C-H district.” This change
would remove reference to the “parking surplus” from the City Code.
Amend City Code Section 15-35.035 “Parking ratios for off-street parking and loading
spaces” and amend the originating ordinances for each parking district.
These revisions would establish one set of parking standards for the entire Village (C-H
District) with respect to restaurant, retail, office and personal service. Currently, there are four
separate standards being used within a six block area. The following parking requirements are
recommended for the Village.
Restaurants/Bars/Wine Tasting Rooms 1 parking space for each 75 sq.ft.
Retail/Office/Personal Service 1 parking space for each 350 sq.ft.
Parking for all other land uses is subject to Section 15-35.030 of the City Code.
57
The restaurant standard is the City’s current standard and determined to be a fair reflection of
parking demand for eating establishments. Some cities use seating counts to determine parking
ratios, but monitoring restaurant seats becomes an enforcement challenge.
Parking ratios for other commercial uses such as retail, office, and personal service within a
downtown district ranges from one space for each 200 square feet to one space for each 485
square feet in surrounding communities. Staff found that given the size of the Village and level
of activity, that one space for each 350 square feet was a reasonable benchmark for standard
commercial uses within a central business district such as the Village.
Amend the City Code to require a Conditional Use Permit (CUP) for any intensification
of use over the previous use resulting in an increase in parking required.
The City Code would be amended to require approval of a CUP by the Planning
Commission for any new use or intensification in use that causes an increase in parking
demand over the existing requirement that cannot be provided on-site.
Under the CUP process, the applicant will be required to demonstrate how they intend to
mitigate the increase in parking demand through either alternative use of parking, valet
parking, or parking agreements with other property owners who have available on-site
parking. If the parking deficiency can be mitigated to the satisfaction of the Planning
Commission, the application can be approved.
Amend the City Code to include findings required to approve a project if parking
impact cannot be mitigated.
If the parking impact of a proposed project in the Village cannot be mitigated under the
CUP process or some other zoning approval process, the decision making body would
make the following findings determining that the benefit(s) of the project essentially
“override” the parking impact if the action is for approval. The proposed findings are:
i)That the proposed project will advance the vision reflected in one or more of the goals
identified for the Village in the Saratoga Village section of the Land use Element of
the General Plan;
ii)That the demand placed on the Village’s parking resources will not have a detrimental
or material effect on the reasonable use of those resources by the Village at large; and
iii)That the benefit of the proposed project, measured against those goals and policies
established in the General Plan and the Village Design Guidelines, outweighs the
impact on parking resources.
Implementation Example - The following is an example of how the protocol would work under
the proposed CUP process.
We start with the premise that all properties in the Village are conforming as to parking regardless
of their individual parking situation, assuming they were lawfully established under the rules and
regulations that applied at the time of their establishment. And that the existing lawful businesses
may continue to operate in their current manner indefinitely notwithstanding any other prescribed
restrictions.
58
When an application is filed with the Community Development Department to operate a business
in the Village, and it is determined that the change of use, expansion of floor area or intensification
of operations results in a higher demand for parking, a Conditional Use Permit will be required as
proposed unless new parking spaces are being proposed with the application.
Example:
o A commercial space of 1,500 square feet currently being used for retail wants to convert to
a restaurant use. Because the restaurant use has a higher parking demand, the change in use
requires Planning Commission approval of a CUP.
o Current retail use of 1,500 square feet requires 4 parking spaces. (1500 divided by 350
equals 4.28 rounded down to 4)
o Proposed restaurant use of 1,500 square feet requires 20 spaces (1500 divided by 75 equals
20)
o The difference is 16 spaces.
Under the CUP process, the applicant will be required to demonstrate how the impact of 16 spaces
will be mitigated. An example of mitigation would be a restaurant that is open for breakfast and
lunch, but not dinner. Using the model of alternate use of parking where the evening and night
time peak hours and days of the Village are not impacted, the CUP could be approved through a
restriction on hours of operation.
If the parking impact cannot be mitigated, the application can only be approved with the Planning
Commission making the required findings.
Establish and Implement a Parking Management Plan.
The effective and efficient use of the limited parking resources in the Village is an essential
component of a Village improvement strategy. This would include the development,
funding and implementation of a Parking Management Plan that identifies strategies and
programs that “stretches” the effective use of parking inventory.
If the City can achieve a 10% improvement in efficiency through strategic management of
its parking resources, it could improve conditions equivalent to adding 55-60 parking
spaces (there are a total of 576 public parking spaces in the Village). That can make a
material difference in the function, as well as the public perception of parking use and
availability. The key to any parking management plan is enforcement. If there is an
unwillingness or inability to enforce the policies and programs in a parking management
plan, the plan will not succeed. It is recommended that the basic tenets of the Parking
Management Plan should include, but not limited to:
Parking enforcement of time limits, including loading zones;
Establishing a designated employee parking area;
Efficient use of Valet Parking; [Current Valet Parking Program should be reviewed ]
Effective parking directional and time restriction signage;
Install Big Basin Way turn-around; 59
Pursue opportunities for public/private partnerships that could increase the supply of
parking available in the Village.
There could be future private property opportunities within the Village in which parking
is not used during evening hours. The City should actively engage in discussions to
identify where such partnerships are feasible.
ATTACHMENTS:
Attachment A – Map of Village Parking Districts
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3rdStreetBigBasinWay BigBasinWaySaratoga-Sunnyvale4thStreet
5th
Street SaratogaCreek1
2
3
4
3
1
OakStreet4thStreet
S
arato
g
a-L
o
s
G
at
os
Ro
adS a r a t o g a
A
v e n u eParking Districts
´
Legend
Parking District No. 2 - 57 spaces
Parking District No. 4 - 61 spaces
Parking District No. 1 - 133 spaces
Parking District No. 3 - 210 spaces
January 2017
Outside Parking District BoundaryOutside Parking District BoundaryAttachment A
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Attachment 3
62
63
64