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HomeMy WebLinkAboutOrdinance 359 - amending parking regulationsORDINANCE NO. 359 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE CITY CODE REGARDING PARKING REGULATIONS FOR THE C-H DISTRICTS ZOA18-0002 The City Council of the City of Saratoga finds that: 1. The City desires to make amendments to its City Code to implement Phase 1 of the Village Plan update regarding parking regulations for the C-H Districts; 2. 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; 3. The Planning Commission held a hearing on November 14, 2018. Following consideration of all testimony and written materials, the Planning Commission approved Resolution No. 18- 027 on November 14, 2018 recommending approval of this ordinance. 4. The City Council of the City of Saratoga held a duly noticed public hearing on November 21, 2018, and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance and waived the reading thereof. The City Council adopted this ordinance after a second reading was waived at a duly noticed public meeting on December 5, 2018. The City Council of the City of Saratoga does ordain as follows: Section 1. Adoption. The Saratoga City Code is hereby amended as set forth in Attachment A. Section 2. California Environmental Quality Act. Pursuant to the California Environmental Quality Act ("CEQA"), this action to amend the City Code regarding parking in the C-H Districts 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. Section 3. Severance Clause. The City Council declares that each section, sub -section, paragraph, sub -paragraph, sentence, clause, and phrase of this ordinance is severable and independent of every other section, sub -section, sentence, clause, and phrase of this ordinance. If any section, sub- section, paragraph, sub -paragraph, sentence, clause, or phrase is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 4. Applicability. Development applications submitted for a $ite which is located within a C-H District after November 21, 2018 shall be subject to this ordinance. Section 5. Publication. A summary of this Ordinance shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. Following a duly noticed public hearing, the foregoing ordinance was introduced at the regular meeting of the City Council of the City of Saratoga held on November 21, 2018 and was adopted by the following vote on December 5, 2018. AYES: Mayor Mary -Lynne Bemald, Vice Mayor E. Manny Cappello, Council Members Howard A. Miller, Emily Lo, Rishi Kumar NOES: ABSENT: ABSTAIN: ATTEST: Debbie Bretschneider CITY CLERK APPROVED AS TO FORM: SIGNED: Mary- a ::3 rnald MAYOOF THE CITY OF SARATOGA Richard Taylor CITY ATTORNEY Date: /2( / -orb Date: Attachment 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 retail establishment. 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 a rcoverinrt reenditiening and heating equipment, and similar goods, which uses have demonstrably low parking demand generation per square foot of floor area. 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 J 1 (n)IfRetail establishments One space for each two hundred square feet of floor area. (o) Extensive Bulky One space for each five hundred square feet of floor area. retail establishment) commodity sales establishments such as household furniture, mattresses, appliances, carpeting and floor coverings 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 as the use for which the spaces are required, or on an adjacent site or a site separated only by an alley from the use for which the spaces are required. In a C-H district, the off-street parking spaces prescribed in Section 15 35.030 may be located within three hundred feet of the use for which the spaces re o re.l by the shortest r- to to be ea for pedestrian access on or off site as permitted in Section 15-35.035. 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 feet of gross floor area It II otherwise allocated as set forth below in the C H districts. This provision shall be adrrtinist-er-eEl-as-fellewst (1) Allocation procedure: Surplus floor area shall be allocated on a first come, first served basis based on the date that the a plic.,t;on s„bmilta 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; lteration that greases -boor area: The amount te-be-deedducted- em the - surplus floor area for an alteration to an existing site or structure that increases the gross floor area of that site or structure shall be the difference between the new gross floor area and the existing gross floor area determined in accordance with subsection (e) of this Section; from the surplus floor area for a change in use to an existing site or structure that does not increase the gross floor ar- a 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 existing parking credit. The amount to be deducted from the surplus floor area shall be the changed use are. minus the existing parking credit. For example: If a change in use requires four parking spaces, then the changed use required one parking space, then existing parking credit is four hundred fifty hundred fifty square feet; ,reduction fron the rpl„s floor sh ll be made o rod for hange 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; be removed at such time as the application is denied or withdrawn and, for applications that are approved, upon the expiration of that approval. If an application is modified by the applicant or the approval in a manner that changes the gross floor area associated with the application, the allocation shall be adjusted accordingly; (7)--A-llecatio onitoring: The-C—em evelopmentDep; ent-shll has been allocated pursuant to this Section and the amount that remains to be allocated; and C u diGtr; l ,1 d fl e�� Sit@-6�St�}E-tuFecci�tirrc���6urcr-ccaEl-1�6r@--g=o�-s-rrvvr area tha f the rpl, fl sh.,l l pl. witl, the ff Gtr of uav o 0 0 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 cost „f „ parking stud y t„ be , pl eted by the City Traffic Engineer and that study is approved by the Planning Commission and determines that excess parking capacity is available in the C H districts and recommends that the amount of surplus floor area be increased at least by an amount that would ,o L,e r, e „ aered nlarged site o struct„ro uvvvi dtt ", lt, " o , 15-35.035 - 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 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 One for 4173.5 75 feet floor Restaurants/Bars/ space each square of area. Wine Tasting No. 2 Retail One space for each 380 350 square feet of floor area. Establishments/Office/ Personal Service No. 3 Other Land Ores e for eac 350 e reet f floor o additional Uses pl„s footage llowea the site o „lt fthe „ sitio f e o,, development by the City formation Parking rights created upon of District No. 3. Subject to Section 15-35.030. No. 'I One for 380 feet floor space each square of area. bl An y app lication for an intensification in use resulting 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 narking. valet narking. or s arkine a • reement will not effectively result in any other use providin; fewer off-street parking spaces than required under this Article. An applicant will need to demonstrate adequate parking mitigation through either alternative use of parking, valet parkin ' or arkin ' a . r • em • nts 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 areements b getween 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.