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HomeMy WebLinkAbout71.66 ORDINANCE NO. ~1.66 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING ARTICLE 15-19 AND O'rltl~R PROVISIONS OF THE CITY CODE TO IMPLEMENT THE SARATOGA VILLAGE SPECIFIC PLAN AND TO REVISE CERTAIN REGULATIONS PERTAINING TO THE COMMERCIAL ZONING DISTRICTS The Cit$ Council of the Cit3 of Saratoga hereby ordains as follows: SECTION h Section 15-05.050 in Article 15-05 of the City Code is amended to read as follows: "S15-05.050 Re,relations minimal In interpreting and applying the provisions of this Chapter, unless otherwise stated, the provisions shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare." SECTION 2: A new Section 15-05.055 is added to Article 15-05 of the City Code, to read as follows: "~15-05.055 Designation of uses;, administrative interpretations (a) The designation of permitted and conditional uses for each zoning district shah be interpreted to mean that any use which is not listed as being either a permitted or conditional use for such district is automatically prohibited. (b) The Planning Director shah have authority to adopt administrative interpretations of the general categories of uses described in this Chapter. Such interpretations shall contain a list of particular activities which are classified as eonstituting a general category of use. Where a proposed activity is not listed, the Planning Director may amend his administrative interpretation to include the same, based upon his finding that: (1) The proposed activity closely resembles the listed activities with respect to purpose, type, funetion and manner of operation; and (2) The proposed activity is no more objectionable than the listed activities with respect to the level of noise, traffic, odors, disturbance, glare and other impacts normally associated with the listed activities; and (3) The proposed activity is consistent with the general purposes of this Chapter and the specific purposes of the regulations for the zoning district in which the activity will be conducted. Rev. 6/2/89 -1- Any administrative interpretation by the Planning Director hereunder may be appealed to the Planning Commission in accordance with the procedure set forth in Article 15-90 of this Chapter." SECTION 3: Section 15-06.080 in Article 15-06 of the City Code is repealed. SECTION 4: A new Section 15-06.295 is added to Article 15-06 of the City Code, to read as follows: "S15-06.295 Game areade "Game arcade" means an establishment having more than three coin or token operated pinball machines, video games or other form of mechanical or electronic games or any combination thereof, available for use by the general public. A game arcade may exist as either a principal use or as an incidental use conducted by another principal use on the site." SECTION 5: Section 15-06.500 in Article 15-06 of the City Code is repealed and a new Section 15-06.585 is added in place thereof, to read as follows: "~15-06.585 Service establishment '~ervice establishment" means a use, not conducted within an office, providing services for the personal care of an individual or the fitting, cleaning, repair or maintenance of personal effects and not primarily for the sale of goods or merchandise." SECTION 6: Section 15-06.560 in Article 15-06 of the City Code is amended to read as follows: "S15-06.560 Retail establishment "Retail establishment" means a use engaged in providing retail sale or rental of items primarily intended for consumer or household use. (a) Extensive ret~il establishment, as used with respect to parking requirements, means a retail use having more than seventy-five percent of the gross floor area used for display, sales and related storage of bulky commodities, including household furniture and appliances, lumber and building materials, carparing and floor coverings, air conditioning and heating equipment, and similar goods, which uses have demonstrably low parking demand generation per square foot of gross floor area. (b) Intensive retail establishment, as used with respect to parking requirements, means any retail use not defined as an extensive retail establishment." Rev. 6/2/89 -2- SECTION 7: Section 15-06.710 in Article 15-06 of the City Code is amended to read as follows: '~15-06.710 Villn~o-e "Village" means the area of the City subject to the Saratoga Village Specific Plan, as adopted by the City on May 18, 1988, and classified pursuant to this Chapter as either CH-1 or CH-2." SECTION 8: Paragraph (i) of Section 15-10.010 in Article 15-10 of the City Code is amended to read as follows: "(i) C: Commercial districts, consisting of: C-N Neighborhood commercial C-V Visitor commercial CH-1 and CH-2 Commercial historic districts" SECTION 9: Article 15-19 of the City Code is amended in its entirety to read as follows: "ARTICLE 15-19 C: COMMERCIAL DISTRICTS Sections: 15-19.010 Purposes of Article 15-19.020 General regulations 15-19.030 C-N district regulations 15-19.040 C-V district regulations 15-19.050 C-H district regulations 15-19.060 Continuation of nonconforming uses $15-19.010 Purposes of Article In addition to the objectives set forth in Section 15-05.020, the commercial districts are included in the Zoning Ordinance to achieve the following purposes: (a) To provide appropriately located areas for retail stores and service establishments offering goods and services required by residents of the City. (b) To provide opportunities for retail stores, offiees and service establishments to concentrate for the convenience of the public and in mutually beneficial relationship to each other. (c) To promote stable, attractive commereial development which will afford a pleasant shopping environment and will compliment the essential residential character of the City. Rev. 6/2/89 -3- (d) To provide space for community facilities whieh may appropriately be located in commercial areas. (e) To provide adequate space to meet the needs of modern commercial development, including off-street parking and loading areas. (f) To protect commercial properties from noise, odor, dust, dirt, smoke, vibration, heat, glare, heavy traffic and other objectionable influences, and from fire, explosion, noxious fumes and other hazards. (g) To implement the Saratoga Village Specific Plan, as adopted by the City on May 18, 1988, and thereby 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. S15-19.020 General regulations The following general regulations shall apply to all commercial districts in the City: (a) Permitted uses. The following permitted uses shall be allowed in any commercial district: (1) Retail establishments, except restaurants, markets, delieatessens, and any establishment engaged in the sale of alcoholic beverages. (2) Service establishments. (3) Home occupations, conducted in accordance with the regulations prescribed in Article 15-40 of this Chapter. (4) Parking lots which comply with the standards for off-street parking facilities as set forth in Section 15-35.020 of this Chapter. (5) Accessory structures and uses located on the same site as a permitted use. (b) Conditional t~es. The following eonditional uses may be allowed in any commercial district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter: Rev. 6/2/89 -4- (1) Restaurants. (2) Markets and delicatessens. (3) Any establishment engaged in the sale of alcoholic beverages. (4) Hotels and motels. (5) Bed and breakfast establishments. (6) Institutional facilities. (7) Community facilities. (8) Game arcades. (9) Gasoline service stations on sites abutting Saratoga/Sunnyvale Road, Saratoga/Los Gatos Road or Saratoga Avenue and accessible directly from such arterial road; provided, that all operations except the sale of gasoline and oil shall be conducted within an enclosed structure. (10) Animal establishments, as defined in Subsection 7-20.010(c) of this Code. All animal establishments shall be subject to the regulations and license provisions set forth in Section 7-20.210 of this Code. (11) Public buildings and grounds. (12) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks, transmission lines and cable television facilities. (13) Accessory structures and uses located on the same site as a conditional use. (c) Expressly prohibited uses. Without limiting the application of Subsection 15-05.055(a) of this Chapter, the following uses are expressly declared to be prohibited in all commercial districts: (1) Any use which emits air pollutants, solid or liquid wastes, radioactivity, or other discharge which endangers human health or causes damage to animals, vegetation or property. (2) Any use which creates offensive odor, noise, vibration, glare or electrical disturbance, detectable beyond the boundaries of the site, or creates a hazard of fire or explosion. (3) Any use involving drive-through service, such as restaurants and financial institutions with drive-through windows. (4) Any use involving automotive body work, such as collision repair, painting, dismantling or eustomizing. Rev. 6/2/89 -5- (5) Mini-storage facilities. (6) Outdoor sales or storage of motor vehicles. (d) Location of building sites. The average natural grade of the footprint underneath any structure shall not exceed thirty percent slope, and no structure shall be built upon a slope which exceeds forty percent natural slope at any location under the structure between two five-foot contour lines, except that: (1) A variance pursuant to Article 15-70 of this Chapter may be granted where the findings prescribed in Section 15-70,060 can be made, and (2) An exception under Article 14-35 of the Subdivision Ordinance may be granted where the findings prescribed in Section 14-35,020 can be made. (e) Yar(k;. No use shah occupy any required yard, except fences, walls, hedges, landscaped areas, walks, driveways and parking areas. No required yard shall be used for a loading area or for storage. (f) Screening, landscaping end fencing. (1) Where a site is adjacent to an A, R-l, HC-RD, NHR, R-M or P-A district, a solid wall or fence six feet in height shall be located along the property line between the two districts, except in a required front yard, and an area five feet in depth adjoining such property line shall be landscaped and permanently maintained with plant materials suitable for ensuring privacy, screening unsightliness and insulating adjacent properties against noise. (2) Open storage of materials and equipment shall be permitted only within an area surrounded and screened by a solid wall or fence (with solid gates where necessary) not less than six feet in height; provided, that no materials or equipment shall be stored to a height greater than that of the wall or fence. (3) AH outdoor trash containers and garbage areas shah be fully enclosed by a solid wall or fence and solid gates of sufficient height to screen the same from public view. No trash or garbage containers shah be placed or kept within twenty-five feet from the property line of any site occupied by a dwelling unit. (4) Required pedestrian open spaces, front yards and side yards, and not less than fifteen percent of any parking lot area, shall be completely landscaped and permanently maintained. (5) No credit shah be given against any landscaping or open space requirement imposed by this Article by reason of adjacent public parking facilities or public rights-of-way. (6) Whenever screening or landscaping is required by the provisions of this Article, or as a condition of any project approval, the owner or Rev. 6/2/89 -6- occupant of the property shall keep and maintain such screening and landscaping in good condition and repair. (7) Fences, walls and hedges shall comply with the regulations set forth in Article 15-29 of this Chapter. (g) Signs. No sign of any character shall be erected or displayed in any C district, except as permitted under the regulations set forth in Article 15-30 of this Chapter. (h) Off-street parking and loading facilities. Except in the case of a site located within and constituting a part of a City parking district, off-street parking and loading facilities shall be provided for each use on the site, in accordance with the regulations set forth in Article 15-35 of this Chapter. (i) Design review. All structures shall be subject to design review approval in accordance with the provisions of Artiete 15-46 of this Chapter. S15-19.030 C-N district regulations (a) Permitted uses. In addition to the permitted uses listed in Subsection 15-19.020(a) of this Article, the following permitted uses shall also be allowed in a C-N district: (1) Professional and administrative offices. (2) Financial institutions. (3) Religious and charitable instituitions. (4) Christmas tree and pumpkin sales lots. (b) Conditional uses. In addition to the conditional uses listed in Subsection 15-19.020(b) of this Article, the following conditional use may also be allowed in a C-N district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter: (1) Multi-family dwellings, including such dwellings combined with commercial uses on the same site. (2) Medical offices and clinics. (e) Site area. The minimum net site area of any lot in a C-N district shall be 10,000 square feet. (d) Site frontage, width and depth. The minimum site frontage, width and depth of any lot in a C-N district shall be as follows: Rev. 6/2/89 -7- Frontage Width Depth 60 feet 60 feet 100 feet (e) Coverage. The maximum net site area covered by structures on any lot in a C-N district shall be 60 percent. (f) Front ysrd. The minimum front yard of any lot in a C-N district shall be ten feet; except that on a site adjacent to and fronting on the same street as, or directly across the street from, an A, R-I, HC-RD, NHR, R-M or P-A district, the minimum front yard shall be fifteen feet. (g) Side and rear yards. No side or rear yard shall be required for any lot in a C-N district, subject to the following exceptions: (1) On a reversed corner lot abutting a lot in an A, R-I, HC-RD or NHR district, the minimum exterior side yard shall be not less than one-half of the required front yard of the abutting lot. (2) Except as otherwise provided in Subparagraph (1) above, on a lot abutting an A, R-I, HC-RD or NHR district, the minimum side yard or rear yard abutting such other district shall be thirty feet. (3) On a lot directly across a street or alley from an A, R-I, HC-RD or NHR district, the minimum side yard or rear yard adjacent to such street or alley shall be ten feet. Where a side or rear yard is required under any of the foregoing provisions, one foot shall be added to the required yard for each one foot of height or fraction thereof by which a structure within thirty feet of the lot line for such yard exceeds fourteen feet in height. (h) Height of structures. The maximum height of any structure in a C-N district shall be twenty feet. (i) Enclosure of uses. All permitted and conditional uses shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading, gasoline service stations, outdoor dining, nurseries, garden shops and Christmas tree and pumpkin sales lots. (j) Screening, landscaping and fencing. An area not less than five feet in depth along all property lines that abut a street shall be landscaped with plant materials and/or improved with sidewalks or pathways as required by the Planning Commission. All planting materials shall permanently be maintained by the owner or occupant of the site. (k) Alternative standards for multi-family dwellings. Notwithstanding any other provisions of this Section, where multi-family dwellings will be located upon a site, the Planning Commission shah apply for such dwellings the development standards set forth in Article 15-17 of this Chapter. The density of development shah be as determined in each case by the Planning Commission, based upon its finding that: Rev. 6/2/89 -8- (1) The project will not eonstitute overbuilding of the site; and (2) The project is compatible with the structures and density of development on adjacent properties; and (3) The project will preserve a sufficient amount of open space on the site; and (4) The project will provide sufficient light and air for the residents of the site and the occupants of adjacent properties. S15-19.040 C-V district re~alAfions (a) Permitted uses. In addition to the permitted uses listed in Subsection 15-19.020(a) of this Article, the following permitted uses shall also be allowed in a C-V district: (1) Professional and administrative offices. (2) Financial institutions. (b) Conditional uses. In addition to the conditional uses listed in Subsection 15-19.020(b) of this Article, the following conditional uses may also be allowed in a C-V district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter: (1) Religious and charitable institutions. (2) Multi-family dwellings, including such dwellings combined with commercial uses on the same site. (3) Medical offices and clinics. (4) Mortuaries. (5) Theatres. (6) Automobile upho]stering shops, provided all operations are conducted within an enclosed structure. (e) Site area. The minimum net site area of any lot in a C-V district shall be 10,000 square feet. (d) Site frontage, width and depth. The minimum site frontage, width and depth of any lot in a C-V district shall be as follows: Frontage Width Depth 60 feet 60 feet 100 feet (e) Coverage. The maximum net site area covered by structures on any lot in a C-V district shall be 60 percent. Rev. 6/2/89 -9- (f) Front yard. The minimum front yard of any lot in a C-V district shall be ten feet; except that on a site adjacent to and fronting on the same street as, or directly across the street from, an A, R-I, HC-RD, NHR, R-M or P-A district, the minimum front yard shall be fifteen feet. (g) Side and rear yards. The minimum side yards of any lot in a C-V district shall be ten feet and the minimum rear yard of any lot in a C-V district shall be thirty feet, subject to the following exceptions: (1) One foot shall be added to the minimum side yard for each one foot of height or fraction thereof by which a portion of a structure within thirty feet of the side lot line for such yard exceeds fourteen feet in height. (2) One foot shall be added to the minimum rear yard for each one foot of height or fraction thereof by which a portion of a structure within sixty feet of the rear lot line for such yard exceeds fourteen feet in height. (3) On a corner lot, the minimum exterior side yard shall be twenty feet. (h) Height of structures. The maximum height of any structure in a C-V district shall be twenty feet. (i) Screening, landscap'mg and fencing. (1) An area not less than ten feet in depth along all property lines that abut a street shah be landscaped with plant materials and/or improved with sidewalks or pathways as required by the Planning Commission. All planting materials shall permanently be maintained by the owner or occupant of the site. (2) A use not conducted within a completely enclosed structure shall be screened by a solid wan or fence, vine-covered fence or compact evergreen hedge (with solid gates where necessary) not less than six feet in height. This requirement shall not apply to off-street parking and loading areas, gasoline service stations, outdoor dining areas, nurseries, garden shops, and Christmas tree and pumpkin sales lots. (k) Alternative standm-ds for multi-family dwellings. Notwithstanding any other provisions of this Section, where multi-family dwellings will be located upon a site, the Planning Commission shall apply for such dwellings the development standards set forth in Article 15-17 of this Chapter. The density of development shall be as determined in each case by the Planning Commission, based upon its finding that: (1) The project will not constitute overbuilding of the site; and (2) The project is compatible with the structures and density of development on adjacent properties; and Rev. 6/2/89 -10- (3) The project will preserve a sufficient amount of open space on the site; and (4) The project will provide sufficient light and air for the residents of the site and the occupants of adjacent properties. S15-19.050 C-H distriet re, clArions (a) Permitted nses. In addition to the permitted uses listed in Subsection 15-19.020(a) of this Article, the following permitted uses shall also be allowed in the CH-1 and CH-2 districts: (1) Professional, administrative and medical offices and financial institutions, when located either above the street level or at the street level if separated from the street frontage by a retail or service establishment. (2) Single family and multi-family residential units, when located either above the street level or at the street level if separated from the street frontage by a retail or service establishment. (b) Conditional ~ses. In addition to the conditional uses listed in Subsection 15-19.020(b) of this Article, the following conditional uses may also be allowed in the CH-1 and CH-2 districts, upon the granting of a use permit pursuant to Article 15-55 of this Chapter: (1) Professional, administrative and medical offices and financial institutions, when located at street level and having street frontage. (2) Theatres. (3) Religions and charitable institutions. (4) Single family and multi-family residential units, when located at street level and having street frontage. (e) Site area. The minimum net site area in each C-H Distriet shall be as follows: District Net Site Area CH-1 5,000 sq. ft. CH-2 7,500 sqo ft. (d) Site frontage, width and depth. The minimum site frontage, width and depth in each C-H district shall be as follows: District Frontage Width Depth CH-1 50 ft. 50 ft. 100 ft. CH-2 50 ft. 50 ft. 100 ft. Rev. 6/2/89 -11- (e) Coverage; pedestrian open 8paee. (1) In the CH-1 district, the maximum net site area covered by structures shall be 80 percent, except that up to 100 percent of the site may be covered by structures if, for any structure coverage in excess of 80 percent, an equivalent area on the site is devoted to pedestrian open space. (2) In the CH-2 district, the maximum net site area covered by structures shall be 60 percent. In addition, an area equivalent to not less than 20 percent of the net site area shall be devoted to pedestrian open space. All or any portion of the required front yard may be used for pedestrian open space. (3) The term "pedestrian open space," as used in Subparagraphs (1) and (2) above, means common areas open to the public where pedestrians may walk or gather, such as plazas and arcades, which are designed to be visible and accessible to pedestrians on streets, sidewalks and parking facilities adjacent to the site. (f) Front yard. No front yard shall be required in the CH-1 district. The minimum front yard of any lot in the CH-2 district shall be fifteen feet. (g) Side yards. No side yards shall be required in either the CH-1 or CH-2 district. (h) Rear yard. No rear yard shall be required in the CH-1 district. No rear yard shall be required for any lot in the CH-2 district having a rear lot line that abuts a public right-of-way, public parking district, Saratoga Creek, or the CH-1 district. Where the rear lot line of any lot in the CH-2 district abuts an A, R-i, HC- RD, NHR or R-M district, the minimum rear yard shall be thirty feet, plus one foot for each two feet of height or fraction thereof by which a portion of a structure within sixty feet of the rear lot line for such yard exceeds fourteen feet in height. (i) Height of structures. The maximum height of any structure in each C-H district shall be as follows: District Height CH-1 35 feet. No portion of a structure facing Big Basin Way shall exceed two stories, and no portion of a structure facing Saratoga Creek shall exceed three stories. CH-2 26 feet. No structure shall exceed two stories. (j) Enclosure of uses. All permitted and conditional uses shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading, gasoline service stations, garden shops and outdoor dining. Rev. 6/2/89 -12- (k) Off-street parking and loading facilities. 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: District Spaces Required No. 1 One space for each 473.5 square feet of gross floor area. No. 2 One space for each 380 square feet of gross floor area. No. 3 One space for each 350 square feet of gross floor area, plus any additional square footage allowed on the site as a result of the acquisition of development rights created by the City upon the formation of Parking District No. 3. No. 4 One space for each 380 square feet of gross floor area. For the parpose of determining the required number of parking spaces for a development located within a City parking district, the term "gross floor area" shall not include enclosed or covered areas used for off-street parking or loading or interior courts of a building not occupied by a use for which off-street parking is required, but such gross floor area shah include any exterior balcony used as the sole means of access to a business establishment and any basement, or portion thereof, occupied by a use for which off-street parking is required. If a fractional number is obtained, one parking space shah be provided for a fraction of one-half or more, and no parking space shah be required for a fraction of less than one-half. (1) Modifioation of standards for historic structures. The Planning Commission shah have authority to modify any of the development standards contained in this Section, without the granting of a variance, if the subject of the application is a structure which has been designated as a historie landmark pursuant to Artidle 13-15 of this Code, and the Planning Commission finds and determines that: (1) The modification will facilitate preservation of the historic structure; and (2) The application and the proposed modification have been reviewed and approved by the City's Heritage Commission; and (3) The modification will not be detrimental to the use and enjoyment of other properties in the vicinity; and Rev. 6/2/89 -13- (4) The modification will not adversely affect the movement of vehicular and pedestrian traffic, or the availability of on-street parking, and wiH not create a hazard to the public safety. $15-19.060 Continuation of nonconforming uses Notwithstanding the provisions of Section 15-55.130 of this Chapter, any elihie operating no earlier than 7:00 A.M. and no later than 9:00 P.M., any establishment engaged in the sale of alcoholic beverages and any restaurant, market or delicatessen which, as of , 1989, was lawfully established and legally operating as a permitted use, shall be exempted from the requirement for elimination after lapse of time pursuant to Section 15-65.110 of this Chapter and also exempted from the necessity to obtain a use permit for continuation of such use, but in aH other respects shah be regarded as a nonconforming use. Any mini- storage facility lawfully operating pursuant to a use permit granted prior to , 1989, may continue to operate pursuant to the terms and conditions of such use permit." SECTION 10: Section 15-35.020 in Article 15-35 of the City Code is amended to read as follows: $15-35.020 General requirements and regulations for off-street parking spaces (a) At the time of initial occupancy of a site or structure or at the time of an alteration or enlargement of a site or structure, there shall be provided off- street parking spaces for automobiles in accord with the schedule of off-street parking space requirements prescribed in Section 15-35.030. For the purposes of this Section, the term "alteration or enlargement" shah mean a change of use or an addition which would increase the number of parking spaces required above the total number required prior to such change or addition. The number of parking spaces provided for an alteration or eulargment of a site or structure shah be in addition to the number existing prior to the alteration or enlargement, unless the pre-existing number is greater than the number prescribed in Section 15-35.030, in which instance, the number in excess of the prescribed minimum shah be counted in calculating the number provided to serve the alteration or enlargement. (b) If, in the applieation of the requirements of this Article, a fractional number is obtained, one parking space shah be provided for a fraction of one-half or more, and no parking space shah be required for a fraction of less than one-half. (c) If more than one use is located on a site, the number of parking spaces provided shall be equal to the sum of the requirements prescribed in this Article for each use. (d) The off-street parking requirements of this Article may be satisfied by the permanent allocation of the prescribed number of spaces for each use in a common parking facility; provided, that the total number of spaces shall be not less than the sum of the individual requirements, and provided farther, that a contract between the parties setting forth the agreement for joint use of a common parking facility is recorded in the office of the Cotmty Recorder and a certified copy thereof is filed with the City. Rev. 6/2/89 -14- (e) Where parking requirements are determined by gross floor area, such area shall not include enclosed or covered areas used for off-street parking or loading or interior courts of a building not occupied by a use for which off-street parking is required, but such gross floor area shall include any exterior balcony used as the sole means of aeeess to a business establishment and any basement, or portion thereof, occupied by a use for which off-street parking is required. (f) The Planning Commission may require that off-street parking spaces in excess of the number prescribed in Section 15-35.030 be provided for any use on a site, if the Commission finds that such additional spaces are necessary to avoid traffic congestion or shortage of curb spaces. (g) For a use not specifically listed in Section 15-35.030, the number of off- street parking spaces shall be determined by the Planning Commission or the Planning Director, based upon the number of spaces required for the most similar specified use and such information as may be available to the Planning Commission or the Planning Director concerning the parking requirements of the proposed use. (h) 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 are required, measured by the shortest route of available pedestrian access. (i) With respect to any site or structure located within a C-N, C-V, C-H, P-A, R-M or MU-PD district, not more than twenty-five percent of the number of required off-street parking spaces may consist of compact parking spaces. If, in the application of this Paragraph, a fractional number is obtained, one compact parking space may be provided for a fraction of more than one-half and one standard parking space shall be provided for a fraction of one-half or less. (j) No repair work or servicing of vehicles shall be conducted in any parking area." SECTION 11: Paragraphs (m), (n) and (o) of Section 15-35.030 in Article 15-35 of the City Code are amended to read as follows: "(m) Intensive retail One space for each two establishments hundred square feet of gross floor area. (n) Extensive retail One space for each five establishments hundred square feet of gross floor area. (o) Service establishments One space for each two and financial institutions hundred square feet of gross floor area." Rev. 6/2/89 -15- SECTION 12: Paragraphs (a) and (b) of Section 15-35.060 in Article 15-35 of the City Code are amended to read as follows: Spaces "Use Gross Floor Area Required (a) Hotels, motels, offices, Less than 5,000 sqo ft. 0 nursing homes, religious 5,000 to 50,000 sq. ft. 1 institutions, service 50,000 to 150,000 sq. ft. 2 establishments, financial Each additional 150,000 institutions sq. ft. 1 (b) Retail establishments Less than 5,000 sq. ft. 0 warehouses, storage 5,000 to 12,500 sq. ft. 1 facilities, restaurants, 12,500 to 20,000 sq. ft. 2 limited industrial 20,000 to 30,000 sq. ft. 3 establishments 30,000 to 50,000 sq. ft. 4 50,000 to 75,000 sq. ft. 5 Each additional 75,000 sq. ft. 1 SECTION 13: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 14: This Ordinance shall be in full force and effect thirty days after its passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 6th day of September, 1989, by the foliowing vote: AYES: Counci3~embers Anderson, MoVles, Stutzman and Mayor CleveDaer NOES: None ABSENT: Councilmember Peterson MAYOR ~ A T: . . _ which has been CIT ERK Rev. 6/2/89 -16- Deputy City Cle ~