HomeMy WebLinkAboutOrdinance 401, SRC Planned Combining District Rezoning ORDINANCE NO. 401
AN ORDINANCE REZONING ASSESSOR'S PARCEL NUMBERS 397-12-012,
397-12-019, AND 397-40-006 FROM R-1-40,000 to R-1-40,000 P-C (PLANNED
COMBINED DISTRICT) SARATOGA RETIREMENT COMMUNITY—
14500 FRUITVALE AVENUE
The City Council of the City of Saratoga finds that:
1. Saratoga City Code Article 15-16 establishes the P-C (Planned Combined) District to
provide the City the authority to modify standards of development in an underlying zoning
district so as to achieve the following objectives:
a. To provide a means of guiding development or redevelopment of properties in areas
of the City that are uniquely suited for a variety of design and development patterns
and standards.
b. To provide greater flexibility of land use and design for a development that provides
a public benefit that would not otherwise be attainable through strict application of
the zoning regulations. A public benefit could include, but is not limited to,
buildings that exceed the City's green building standards, provides community
facilities that are open to the public, or allows for innovative in-fill design.
C. To encourage innovative design in a development that achieves one or more
specific goals and policies of the General Plan that would otherwise not be
attainable through strict application of the zoning regulations.
2. A Planned Combined District may be combined with any zoning district upon the granting
of a change of zone in accord with the provisions of this Article. A Planned Combined
district shall be designated by the symbol "P-C" following the zoning district designation
with which it is combined.
3. The Saratoga Retirement Community site currently maintains 249 units (143 independent
living units and 106 assisted living units) and 94 skilled nursing beds. A total of 460
parking spaces. Total impervious coverage is 476,437 square feet. The Owner proposes to
construct three new apartment style buildings containing 52 independent living units, and
to combine existing skilled nursing rooms in the Health Center to create single occupancy
rooms for a bed reduction from 94 to 52 (42 beds). The Owner also proposes adding a new
meeting room to the west side of the existing Manor buildings and a new workout room to
the existing fitness center, adding 109 parking spaces, removing 64 protected trees, adding
new landscaping, relocating outdoor recreation facilities, and adding a new Fire
Department Emergency Access from Chester Drive. The zoning of the site is single-family
residential (R-1-40,000). The floor area, building height, and site coverage of the existing
buildings exceed the development standards of the residential zoning district due to
previous Conditional Use Approvals. Since the site does not comply with these
development standards, the placement of the Planned-Combined (P-C) Overlay District
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onto the existing residential zoning district would modify the standards of development of
the underlying zoning district from R-1-40,000 to R-1-40,000 P-C. The foregoing work is
described as the "Project" in this Ordinance. By allowing the P-C district, the City will
further its objectives of providing public benefit, such as providing below market rate
housing, senior housing,environmental benefits associated with exceeding the City's green
building standards, and extending the public trail.
4. On May 8, 2024, the Planning Commission held a duly noticed public hearing consistent
with Section 15-85.050 of the Saratoga Municipal Code and considered the amendment to
the City's Zoning Map proposed in this Ordinance; a Master Plan Update and Design
Review (PDR19-0023), Arborist Review (ARB19-0039), and Geotechnical Review
(GEO19-0013), supporting documents,the associated Final Environmental Impact Report,
and all testimony and other evidence presented at the public hearing. It found that that the
change is required to achieve the objectives of the Zoning Ordinance set forth in Section
15-05.020, made additional findings required in support of the rezoning to R-1-40,000 P-
C; and recommended that the City Council adopt the proposed Ordinance, approve the
Master Plan Update and Design Review, Arborist Review, and Geotechnical Review; and
certify the Final Environmental Impact Report.
5. On June 5, 2024, the City Council held a duly noticed public hearing consistent with
Section 15-85.080 of the Saratoga Municipal Code to consider introduction of this
proposed Ordinance; a Master Plan Update and Design Review (PDR19-0023), Arborist
Review (ARB19-0039), and Geotechnical Review (GEO19-0013); and certification of the
associated Final Environmental Impact Report.
6. The City of Saratoga City Council has found that that the change in zoning is required to
achieve the objectives of the Zoning Ordinance set forth in Section 15-05.020, and
following additional findings required in support of the rezoning to R-1-40,000 P-C:
a. That the proposed location of the planned combined district is in accord with the
objectives of the General Plan and the purposes of the zoning district in which the
site is located.
b. That standards for the development will result in an aesthetic asset to the
community and produce an environment of stable and desirable character consistent
with the overall objectives of the General Plan and Zoning Ordinance.
C. That the uses in the development will complement each other and will not adversely
affect existing and proposed land uses in the vicinity or the public health, safety
and welfare.
d. That the application of the combined district furthers two or more of the purposes
contained within Section 15-16.010 (as set forth above, particularly purposes (b)
and (c) under Finding 1 above).
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7. After considering all testimony and written materials provided in connection with that June
5, 2024 hearing, the City Council certified the Final Environmental Impact, and adopted
CEQA Findings, adopted and incorporated into the Project all of the mitigation measures
for the Project; adopted a Master Plan Update and Design Review(PDR19-0023), Arborist
Review (ARB19-0039), and Geotechnical Review (GE019-0013); and introduced this
Ordinance and waived the reading thereof.
8. The City Council may by ordinance adopt a change of zone to a planned combined district
as applied for or in modified and/or conditional reclassification. The conditions of this
rezoning are attached to City Council Resolution (dated June 5, 2024) approving the
Master Plan Update including Design Review (PDR19-0023), Arborist Review (ARB19-
0039), and Geotechnical Review(GEO19-0013), and include limitations of the exceptions
to the City's floor area,site coverage and height regulations as specified in Finding 3 above.
9. The City Council adopted this Ordinance at a duly noticed regular meeting on June 19,
2024.
Therefore, the City Council of the City of Saratoga hereby ordains as follows:
Section 1. Adoption.
The City of Saratoga Zoning Map,as defined in Section 15-06.740 of the Saratoga Municipal Code
and as incorporated into the Saratoga Municipal Code by reference described in Section 15-10.020
of the Saratoga Municipal Code, is amended to conditionally rezone Assessors Parcel Numbers
397-12-012, 397-12-019, and 397-40-006 (owned by Odd Fellows of California and also known
as 14500 Fruitvale Avenue, Saratoga, California from R-1-40,000 to R-1-40,000 P-C (Planned
Combined District) subject to the conditions attached to City Council Resolution (dated June
5, 2024) approving the Master Plan Update including Design Review (PDR19-0023), Arborist
Review (ARB 19-0039), and Geotechnical Review (GE019-0013).
Section 2. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-
section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section,
sub-section,paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid,
the City Council declares that it would have adopted the remaining provisions of this ordinance
irrespective of the portion held invalid, and further declares its express intent that the remaining
portions of this ordinance should remain in effect after the invalid portion has been eliminated.
Section 3. California Environmental Quality Act
The Environmental Impact Report described in the Findings above identifies the significant
environmental impacts of the Project, which includes this Ordinance, identifies feasible
alternatives, and indicates the manner in which the significant impacts of the Project can be
reduced or avoided. On June 5, 2024, the City Council certified the Final Environmental Impact
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for the Project, and adopted CEQA Findings, adopted and incorporated into the Project all of the
mitigation measures for the Project, and adopted the Mitigation Monitoring and Reporting
Program.
Section 4. 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 the 5th day of June 2024, and was
adopted by the following vote on June 19, 2024.
AYES: COUNCIL MEMBERS FITZSIMMONS, PAGE, VICE MAYOR AFTAB,
MAYOR ZHAO
NOES: COUNCIL MEMBER WALIA
ABSENT: NONE
ABSTAIN: NONE
Yan ao, Mayor
ATTEST:
Britt Avrit, MMC, City Clerk
APPROVED AS TO FORM:
DATE:
Richard Taylor
CITY ATTORNEY