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HomeMy WebLinkAboutCity Council Resolution 05-052RESOLUTION NO. OS-052 Application No. 06-018 CITY COUNCIL OF THE CITY OF SARATOGA STATE OF CALIFORNIA Starbucks Coffee; 14410 Big Basin Way, Unit D WHERens, the City of Sazatoga City Council has received an application appealing the Planning Commission denial of a Conditional Use Permit to allow Starbucks Coffee in a remodeled tenant space within the Corinthian Corners commercial complex. The coffee shop will be approximately 1,334 square feet and will have seasonal exterior seating. Approval of this application will require a variation from the parking standards as allowed in MCS 15-55.030. The site is located in a Commercial Zoning District; and WHEREAS, the City Council has conducted a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the City Council finds the proposed project consisting of the conversion of an existing small structure from one use to another is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (c) of the Public Resources Code (CEQA); and WeEaEns, the City Council finds that all of the findings required within Section 15- 55.070 of the City Code can be made in the affirmative in that: a) The proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located. The proposed Starbucks will be located in the City's CH-1 zoning district. The CH-1 district is designed to implement the Saratoga Village Specific Plan and achieve the following objectives with respect to the village: (1) Preservation and enhancement of the small-scale, pedestrian character of the Village to make the area more inviting to potential shoppers and diners; (2) Preservation and enhancement of the architectural and landscape quality of the Village; (3) Encouragement of a town center mix of specialty shops, restaurants, convenience shops, services and residences; and (4) Conservation of historic structures. It is anticipated that the establishment of Starbucks Coffee at an integral location in the Village will attract more pedestrians to the area and make the area more inviting to shoppers. The proposed outdoor seating further contributes a dynamic and highly visible place where people can meet. The proposed Starbucks is a smaller version than ones in other locations, including its Argonaut Shopping Center location. The small scale of the use and its pedestrian orientation will support the pedestrian vitality that the Village desperately needs and that the proposed Starbucks would create. The configuration of the tenant space in an L- shaped building with outdoor seating and attractive signage contribute towards asmall-scale character. A new Starbucks would potentially result in establishment of other new specialty shops, consistent with the objective of item (3) and the economic development objectives of the General Plan. Therefore, this Use Permit finding can be made in the affirmative. b) The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. This finding can be made in the affirmative in that conditions have been placed regarding the operation of Starbucks Coffee to minimize potential impacts. These conditions address the use of parking spaces by employees and restrict the times for deliveries. c) The proposed conditional use will comply with each of the applicable provisions of Chapter IS Zoning Regulations. This finding can be made in the affirmative. Pursuant to City Code Section 15-55.030, a conditional use may be permitted by the granting of a Use Permit to have a different off-street parking requirement than what is specified in City Code Section 15-35.030. No parking spaces are proposed in connection with the proposed use. This variation from the standard requirements is appropriate because of the small scale and the pedestrian oriented design of the proposed use and because the City's traffic consultant has determined that the proposed Starbucks would have a less than significant impact on parking needs. Now, THEREFORE, the City Council of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the Use Permit findings and other exhibits submitted in connection with this matter, the application for a Conditional Use Permit for Starbucks Coffee is hereby granted subject to the following conditions: PLANNING 1. The Planning Commission shall retain continuing jurisdiction over the Conditional Use Permit and may, at any time, modify, delete or impose any new conditions of the permit to preserve the public health, safety, and welfare. 2. The store shall operate as represented on the plans marked Exhibit "A". 3. Any intensification ofthis use shall require an amended Conditional Use Permit. 4. Prior to issuance of Building Permits for any internal tenant improvements, detailed construction plans shall be reviewed and approved by the Planning Division for Zoning Clearance to verify consistency with the approved Exhibit "A" plans. The construction drawings shall incorporate a copy ofthis Resolution as a separate plan page. 5. The construction plans shall include proposed directional signage -one near each driveway entrance -informing customers of additional parking behind the buildings across Big Basin Way. The directional signage shall be consistent with City Code Section 15-30.100. 6. A sign situated at a prominent location within the store shall also be shown on the plans, informing customers of the availability of additional parking behind the buildings across Big Basin Way. 7. Starbucks employees shall not use the on-site parking spaces. 8. All deliveries shall occur during off-peak hours or after closing. 9. A Building Permit shall be obtained for the proposed signage. 10. The `Starbuck Coffee' signage shall be individual opaque letters with exterior low- wattage and screened illumination, and the round logo at the side of building shall be wooden with exterior low wattage and screened illumination. signage shall conform to the Saratoga Village Design Guidelines 11. If required, prior to issuance of Zoning Clearance for the proposed tenant improvements, the owner/applicant shall submit to the Community Development Department verification from the Santa Clara County Health Department showing proof of compliance of the proposed facility with the Health Department's requirements. 12. The proposed use shall at all times operate in compliance with all regulations of the City and/or other agencies having jurisdictional authority over the use pertaining to, but not limited to, health, sanitation, safety, and water quality issues. 13. The applicant shall obtain a Business License from the City of Saratoga prior to conducting business. FIRE PROTECTION DISTRICT 14. Applicant shall comply with all Saratoga Fire Protection District requirements. CITY ATTORNEY 15. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the applicant's project. Section 2. A Building Permit or Business License must be issued and construction or business operations commenced within 24 months from the date of adoption of this Resolution or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. PASSED AND ADOPTED by the City Council of the City of Saratoga, State of California, this 10th day of August 2005 by the following roll call vote: AYES: Councilmembers Aileen Kao, Nick Streit, Vice Mayor Norman Kline, Mayor Kathleen King NOES: None ABSENT: Councilmember Ann Waltonsmith ABSTAIN: None l~.fitcX-Paw /!C Kathleen M. King, May