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HomeMy WebLinkAbout02-03-1993 City Council Agenda packetEXECUTIVE SUMMARY NO. 2 i9 MEETING DATE: February 3, 1993 e ORIGINATING DEPT.: Planning p: \pldir \24hrexsm SARATOGA CITY COUNCIL AGENDA ITEM 7/1 CITY MGR. SUBJECT: Report on Operation of 24 -hour Businesses Recommended Motion(s): Direct staff to prepare a code amendment requiring a Conditional Use Permit for businesses located in any Commercial Zoning district which proposes to provide customer service between 1:00 a.m. to 6:00 a.m. Report Summary: The operation of an "all- night" business has the potential to create detrimental impacts on adjoining residential areas. The Conditional Use Permit procedure provides a review process in which conditions may be imposed on those uses alleviating potential impacts. Fiscal Impacts: Unknown. Difficult to determine if more restrictive codes will discourage business relocations. Follow Up Actions: Public hearings by Planning Commission and City Council. Anticipated City Council hearing date of May 1993. Consequences of Not Acting on the Recommended Motions: Although not expected to be a significant number, businesses may continue to be located in commercial districts with no hours of operation restrictions. Printed on recycled paper. Background UMW g2 U© gi3 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 867 -3438 MEMORANDUM TO: Mayor and City Council FROM: Paul L. Curtis, Planning Director DATE: January 29, 1993 SUBJECT: Review of 24 -hour Business Operations COUNCIL MEMBERS: Karen Anderson Ann Marie Burger Willem Kohler Victor Monia Karen Tucker Recommended Motion Direct staff to prepare a code amendment requiring a Conditional Use Permit for uses located in any Commercial Zoning District which J propose providing customer service between 1:00 a.m. and 6:00 a.m. Recently, the City Council has received complaints regarding the operation of 24 -hour businesses in Saratoga. As a result, the Council directed staff to evaluate types of uses and the effect of hours of operation 'restrictions on those uses and adjoining residential neighborhoods. Uses Permitted as a Right The current code does not restrict hours of operation for office, retail or service commercial uses that are permitted as a right. Permitted as a right means that no discretionary action is required for the businesses to be established. A new business occupying a vacant space needs only a business license to operate.. If interior modifications are necessary (relocate walls, etc.), only building permits are required. Building permits are considered ministerial approvals, not discretionary and, therefore, do not require any special City reviews. For uses, permitted as a right, no notification of adjoining neighborhoods is required. Conditional Use Permits A Conditional Use Permit is required for special uses. These special uses have been deemed to be appropriate if the impacts resulting from the use can be mitigated to a level that would be no greater than that resulting from a use permitted as a right. Conditions can be imposed as part of the Conditional Use Permit review (i.e. the discretionary action) which mitigate negative impacts. For example, a gasoline service station requires .a Conditional Use Permit. If the operation of the station creates 1 impacts of noise, light /glare, traffic, etc., conditions may be required that reduce lighting levels, restrict traffic movements, or limit hours of operation all which may be necessary to allow the use to operate "in harmony" with adjoining or nearby residential neighborhoods. Noise Ordinance The current code does provide neighborhood protection from commercial impacts for uses permitted as a right in the form of noise ordinance provisions. This reduces noise levels adjacent to residential areas during night -time hours. Typically, noise is the primary source of concern to nearby residents which results from people talking, car radios, doors slamming, loading /unloading, etc. Historical Perspective Historically throughout the country, businesses were open only during "normal" shopping hours which typically were daytime or early evening. Businesses were even closed on Sundays, even to the point of the enactment of "Blue Laws." Eventually, business hours restrictions were softened to allow "essential" services to be available, including food, gasoline, medicine (i.e. pharmacies), etc. As more and more families consisted of both spouses working together with the necessity of working longer hours, businesses expanded hours of operation to accommodate customers who needed to shop at night. Today, while not a common practice, more and more businesses are staying open longer for customer service. These expanded business hours can create impacts such as noise, traffic, etc. on adjacent residential neighborhoods. Analysis The following is an analysis of the issues and how any changes in hours of operation would affect business activity in Saratoga. What types of business would be affected? Businesses consist of office /professional uses and retail /service uses. Office uses are not open extended hours and generally do not create impacts on residential areas. Typically, office uses buffer residential uses from commercial development because they create minimal impacts. Retail /service uses should be viewed in two ways. Business activity may be occurring on -site during hours when customers are not present. The baker at the bakery in the early morning or stocking shelves /maintenance after customer hours can extend a business "hours of operation It may be appropriate to distinguish between business activity and actively providing service to customers. How will any change in hours of operation affect existing businesses? When a new code amendment becomes effective, all uses legally existing prior to the effective date are "grandfathered" and are considered legal, non conforming uses. They can continue to be conducted in the same manner as they now do. However, any changes in the intensity of use, expansion of facilities, etc. would require the existing use to conform to the new code requirements. If the legal, non conforming use vacates the premises, it can be replaced with a similar use without conforming to the new code requirements, provided the replacement occurs within 90 days. If it is not replaced within the 90 day period, the use is considered abandoned and all new uses must conform to the current codes. How do other cities handle 24 -hour businesses? The following cites were contacted: Cupertino requires Conditional Use Permit Los Altos no special requirements (no previous problems or complaints) Sunnyvale requires Conditional Use Permit Los Gatos no special requirements Campbell requires Conditional Use Permit if business operates past 11:00 p.m. What are alternatives to the current code? Prohibit 24 -hour operation of all businesses Comment: May be circumvented by a business that "closes" for one hour; Assumes that all 24 -hour businesses are detrimental whose impacts cannot be mitigated; Alleviates all business activity adjacent to or in the area of residential neighborhoods. Require a 24 -hour business to obtain approval of a Conditional Use Permit Comment: May be circumvented by a business that "closes" for one hour; Allows for imposing conditions (e.g. hours restrictions) if necessary to mitigate impacts on residential areas; Allows for case -by -case review to determine if specific type of use needs conditions (e.g. some Require a 1:00 a.m. Permit PLC:cw Comment: uses may create minimal impact because of specific location on the site, proximity to adjacent residential uses, etc.) business which provides service to customers between 6:00 a.m. to obtain approval of a Conditional Use Provides for review and conditional approval of uses which may create impacts on residential areas; May result in "all" businesses closing at 1:00 a.m. The 1:00 a.m. time recognizes businesses throughout the City that currently stay open until 1:00 a.m. (notably restaurants) which would provide continued consistency in business hours of operation. CONCLUSION /RECOMMENDATION Businesses which operate on a 24 -hour basis are not common in Saratoga; nor does it seem apparent that there is a tendency toward a significant increase in the number of 24 -hour businesses. However, even though not common, the existence of one 24 -hour business may create impacts on adjoining residential areas. Therefore, it may be appropriate to review the "extended hours" operation and provide conditional approval to mitigate any potential impacts. It should be noted that the purpose of the Conditional Use Permit is not to be used simply as a tool for denial, but rather as a review procedure to determine if conditions may be imposed to achieve an acceptable use. Staff recommends that the City Council direct staff to prepare an ordinance amendment for public hearings which accomplishes the following: 1. Require a Conditional Use Permit for any business which actively provides customer service between the hours of 1:00 a.m. and 6:00 a.m. 2. The Conditional Use Permit shall be required for businesses located in all Commercial Zoning Districts and shall not be required in the Professional and Administrative Zoning Districts. SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. "7 tP AGENDA ITEM MEETING DATE: February 3, 1993 CITY MGR. ORIGINATING DEPT. Maintenance Department SUBJECT: Ravenwood Park Recommended Motion(s): Move the approval of the Ravenwood Park Master Plan as presented and authorize the preparation of the Improvement Plans for the construction of the Park. Move to direct staff to issue a Purchase Order to Jeffrey Heid in the amount of $600 to assist with Professional Architectural Services, to work with the various volunteers, and to proceed to bidding to construct the park within the current budget. Report Summary: The Parks and Recreation Commission worked with the neighbors for the proposed park and has developed a recommended Master Plan. Many of the neighbors have volunteered to perform a variety of the construction tasks. The estimated cost to complete the park exceeds the current budget allocations, however the project can be phased so that a portion can be completed without budget adjustment. Lisa Kurasch has volunteered to complete the Improvement Plans with the assistance of Jeffrey Heid. Fiscal Impacts: The current year Capital Improvement Budget includes $25,000 for this project. The completed park is estimated to cost approximately $52,000. The ongoing maintenance cost of the park is estimated at $3000 per year, which can be reduced through volunteer efforts. Follow Up Actions: 1. Issue Purchase Order to Jeffrey Heid. 2. Arrange for trees from Bonnet Way. 3. Complete the Improvement Plans. 4. Work with volunteers. 5. Return to Commission and Council for approval of final design and authorization to go to bid. Consequences of Not Acting on the Recommended Motions: Council may find the completion of this park is not needed. The property could be sold and the revenue returned to the General Fund. However, since this neighborhood is generally supportive of the project, a major amount of upset would be generated. Attachments: Report to Council SUBJECT: uz_v riles BACKGROUND RECOMMENDED ACTION B OO 0 REPORT TO MAYOR AND CITY COUNCIL RAVENWOOD PARK DATE: 1/26/93 COUNCIL MEETING: 2/3/93 1. Approve Master Plan as submitted. 2. Authorize the preparation of Improvement Plans. 3. Direct Staff to issue a Purchase Order to Jeff Heid in the amount•af $600 to assist with Professional Architectural Services. 4. Direct Staff to work with the various volunteers and to proceed with bidding to construct the park within budget. The Capital Improvement Budget for the current Fiscal Year includes $25,000 for the improvement of Ravenwood Park. In order to complete these improvements the Parks and Recreation Commission, this past summer, began a process to develop a Master Plan for the Park. To assist in the process of landscape design, Lisa Kurasch volunteered her services. For $900, we were able to retain Landscape Architect Jeffrey Heid to assist and guide Lisa in the preparation of alternative plans and cost estimates. Input from the residents of the neighborhood was received when the Commission conducted three "work shops" during the months of September, November and December. Notices were sent to all homes located between Quito Road and San Tomas Creek, and between Pollard Road and the Southern Pacific Railroad. Approximately thirty residents attended and provided input. Only one resident in attendance presented somewhat negative input. Additionally, one person wrote a negative comment on their notice and sent it to the City. Except as noted all input received was very positive and a consensus easily developed. Many in attendance volunteered to work in the construction process. The two adjoining neighbors offered to have the rough grading performed at their expense as long as it is accomplished at the same time as the grading for their homes. A group of neighbors also volunteered their time to do much of the actual landscape work needed to complete the park. ANALYSIS The estimated cost to complete the improvements shown on the Master Plan is approximately $52,000 (attached). The neighbors have demonstrated their interest in having the park built both by their attending Commission Meetings and by their volunteering major efforts toward that end. In order to keep the cost within the current budget, the estimate has been broken into phases. The first phase is intended to stay within the $25,000. Later phases can be scheduled when funds are made available through either the Park Development Fund or through State Park Grants. The present status of the Park Development Fund is summarized in the December 1, 1992 Memorandum to the Parks and Recreation Commission (attached). This status report does not take into consideration any of the fund being used to reimburse the General Fund for the purchase of the Ravenwood Park Site. Lisa Kurasch has further volunteered to perform the design service for the complete Improvement Plan. We would again propose that we retain Jeffrey Heid to assist Lisa in this endeavor. We estimate that 8 hours of his time will be needed at $75 per hour and therefore are requesting authorization to issue a Purchase Order in the amount of $600 for his services. In our continued effort to reduce the improvement costs, staff is hoping to utilize a number of trees which are being removed for the construction of the Bonnet Way sound wall. Although tree planting is not called for in the first phase of development, considering the use of these trees at this time will give us the opportunity to acquire large trees at a much reduced cost. Another cost reducing opportunity will be the use of volunteer efforts towards actual construction. (See attached letters from the two adjacent property owners, Andrew Ajiuni and Ted Salah, and the "Ravenwood Park Neighbors"). Although we have not p t dollar ar amount on these cost reduction efforts at this i we proceed quickly to be able to use them to our full advantage. To make sure we are able to take advantage of the grading offer, our needs will be determined early in the final design process so that grading can begin as soon as the neighbors want to proceed. In discussing the proposals of the various volunteers we believe that all offers are made in good faith; however, one caution should be expressed at this time. It must be remembered that a large degree of control is lost when working with volunteer efforts. Schedules and other aspects of coordination often can not be resolved to mutual satisfaction. FINDINGS AND CONCLUSIONS It is our conclusion that Council should proceed with this project as soon as possible and that the cost should be kept within the existing budget. Since funding for this project is of utmost importance, all costs and opportunities for savings must be fully considered and addressed. As part of the final design and cost estimating, the value of the volunteer efforts must be determined so that the maximum improvement is obtained. We suggest that the Improvement Plans be completed so that the work can be phased to expend the $25,000 budget less the cost of professional services ($1500). We further suggest that a couple of "add alternatives" be bid, so that Council has an opportunity to make adjustments at the time the contract is awarded. Attachments RAVENWOOD PARK PLAN A 12/7/92 PRELIMINARY INSTALLED COST ESTIMATE: PHASE, I Site clearing; for 15,000sf area: rough grading,4000sf; rough fine, 7000sf; finish grading, top soil 4000sf lawn area $7,000 Granite fines walk, 1000sf @$1.50; walk, lawn headers 380ft @$2.75 2,545 Fence, 6' wood, 1/2 cost of 380ft @$16 3.040 Play area edge, 170ft 6X8 or RR tie @$5.00; 10yds drain rock base; surfacing, Fibar, 1300sf @$2.60 per 4,400 Irrigation for turf; stubout for other planting areas; elec- trical water source, drainage 4,800 Drinking fountain supply and stubout 300 Seeded lawn, 4000sf @$.25 per 1,000 Subtotal 10% contingency TOTAL Not included: Handicap access sign; rolled curb cut per ADA; mulch- possibly provided by City $23,085 2,308 $25,393 ADDITIONAL PHASES INSTALLED MATERIALS Dry rock stream bed, boulders, drainage 1,000 Steps /path to lower area (if handicap accessible, ACpaving) 1,200 Drinking fountain wheelchair accessible 1,200 min. Play equpment 6,000 min. Irrigation for other planting areas,entry lighting 4,000 Trees, (12) 24" box 4,800 Trees, (20 15 gal. 2,800 Shrubs, 5 gal. 1 gal. total 2,700 Groundcover (20) flats 1,000 Additional mulch, planting amendments 800 $26,500 FuILService Maintenance, Inc. December 21, 1992 Saratoga Parks Commission 13777 Fruitvale Avenue Saratoga, CA 95070 Re: Ravenwood Park Dear Commissioners: Sin rely, cc: Saratoga City Council Monique S. Drumm AL N C E Bus: (408) 371 -6555 We would like to volunteer to rough grade the Ravenwood Park site at the same time that we grade our adjacent sites, at no cost to the'City of Saratoga, provided that our grading and the park's grading coincide. We feel fortunate that a neighborhood park is being developed next to our future homes and ve are pleased that ve are able to contribute our services to the development of Ravenwood Park. If all goes according to plan, we expect to begin grading this spring, possibly in March. Please keep this in mind, so that we can coordinate our efforts smoothly. Please call if you have any questions (408) 371 -6555. uni Ted Salah Fax: (408) 371 -1'. Saratoga Parks Commission Saratoga, California 95070 Re: Ravenwood Park Letter of Intent Dear Commissioners: We, the undersigned, with materials supplied by the City of Saratoga, would like to volunteer our time, labor, and various skills to install the following line items at Ravenwood Park, as shown on the preliminary budget handed out during the November 2, 1992 Parks Commission meeting: 1. Granite fines walk, headers 2. Play area edge, surfacing, drain rock base 3. Seeded lawn 4. Mulch We would also like to make ourselves available to install various items, such as trees, shrubs, and benches. We further request that the funds saved due to our volunteer efforts be applied towards a play structure for Ravenwood Park, which we also volunteer to install. We understand that our efforts will need to be inspected periodically by City officials, and in the case of the play structure, the manufacturer, to insure that these items meet City standards when completed. Some neighbors have expressed an interest in donating money towards items such as: trees, benches, lawn seed, etc., however we need an itemized list to obtain committments. If the Parks Commission has any other ideas for volunteers /donations, we are open to suggestions. We look forward to working together to make Ravenwood Park the best park possible, in spite of our limited funding. Sincerely, Ravenwood Park's Neighbors Monique Dale Drumm 18395 Montpere Way Allan Strong 18407 Montpere Way Jody Mathew Durket 13891 Raven Court Jim Crotty 13861 Raven Court Elaine Gary Westendorf 13871 Raven Court Dick Corson 13831 Ravenwood Drive Meg Caldwell Robert Williams 13906 Ravenwood Drive Jeff Eileen Zanardi 13921 Ravenwood Drive Cecelia Randy Granado 18501 Allendale Avenue Donna Abarbanel 18591 Ravenwood Drive Charlie David Enscore 18291 Montpere Way Rory Pilkington Ravenwood Drive December 7,199 Kelsey Colson Steve Maynard 13851 Raven Court December 1, 1992 M E M O R A N D U M TO: Parks Recreation Commission FROM: Dan Trinidad, Secretary SUBJECT: STATUS OF PARK DEVELOPMENT FUND The following is taken from the "Treasurer's Report of Fund Balances" dated September 31, 1992. October Fund 6/30/93 Revenue Park 490,618 8,160 Development As of November 30, 1992, we show an additional expense of $16,711 for Beauchamps Park. Additional outstanding incumberance of $67,048 for the following: Beauchamps Park (Collishaw) $46,808 Beauchamps Park (WRT) 1,163 Wildwood Ped. Bridge (Lionsgate) 5,700 Wildwood Ped. Bridge (Engr.) 64 Wildwood Park Stage 13,313 After accounting for these expenses and incumberances, the fund balance is $258,057, not counting any revenue received after October 31, 1992. Additional projects which are presently shown to be funded from this fund in the "Capital Project Appropriation Estimates" during this 92/93 fiscal year are: Quito Park 945 Hakone Water System 981 Hakone Entrance 9103 Ravenwood Park 9114 15,000 108,500 50,000 25,000 Expense 156,962 9/30/92 341,816 Parks Recreation Commission Status of Park Development Fund Page 2 93/94 Fiscal Year Azule Park 30.000 94/95 Fiscal Year Kevin Moran Park Azule Park While we anticipate continuing revenues to this fund (the City. collects $8,160 per lot at time of development) and a portion of these projects will be funded from State Park Bonds, it is obvious that this fund cannot be looked at as a limitless source of money. mt 500', 000 200,000 EXECUTIVE SUMMARY NO. ;?;Z.6? AGENDA ITEM MEETING DATE: February 3, 1993 ORIGINATING DEPT. City Manager SARATOGA CITY COUNCIL CITY MGR. SUBJECT: Request to Authorize 10K Montalvo Run /Walk on Saturday, April 17, 1993 Recommended Motion: Approve in concept the holding of a run /walk as proposed on April 17, 1993, conditioned on compliance with all requirements of the City's Special Events Ordinance. Report Summary: Bradford Martin, a physical therapist who lives and works in Saratoga, is requesting authorization to hold a 10K run in the Montalvo area on Saturday, April 17, 1993, from approximately 8:00 a.m. to 10:30 a.m. The race will involve an estimated 150 pre- registered participants, and proceeds from the race will be donated to the Montalvo Association. The race route, in addition to public roadways, involves private roadways and areas within the juris- diction of the County Parks Department. The City's approval of the race is only for that portion of the route which is within the City's jurisdiction (map attached). This race is an annual event, and there have been no adverse impacts to the City. Fiscal Impacts: None anticipated Follow Up Actions: The City Manager's Office will issue a Special Events Permit when all the conditions have been met. Consequences of Not Acting on the Recommended Motion: The sponsor would not be allowed to use any Saratoga public roadways if a Special Event Permit is not issued. Sincerely: Orthopedic Physical Therapy Specialists of Saratoga Bradford F. Martin, P.T. Jan. 20, 1992 City of Saratoga, Carolyn King 13777 Fruitvale Avenue Saratoga, CA 95070 JAN 2 1 1993; RE: The 6th Annual Villa Montalvo Run Walk Dear Ms. King: This is the race plan for the Villa Montalvo 10K foot race. Date: April 17, 1993 Saturday Start: 8:30 AM at Villa Montalvo Finish: All runners should be off of the roads by 10:OOam Course Route: See Map Sponsors: Bradford F. Martin, P.T., Edward Littlejohn, M.D., John Rollins, M.D., Ron Oleson, D.D.S. Race Director: Bradford Martin 18805 Cox Ave, Suite 130 Saratoga 866 -1070 Filing Fee: $b6EO0 included i`G4. Clean -up Deposit: $250.00 included Estimated Number Of Participants: 150 Pre Registered Runners. Traffic Plan: No roads will be blocked, no traffic stopped, all parking inside Montalvo Arboretum. Two Sheriffs for traffic control. See Map. No problem for emergency vehicle access. Sanitary Facilities: At Montalvo, 4 restrooms. Food: Catered breakfast provided by Catering by Coast served at Montalvo. Sales Activity: None Sound Amplification: None Insurance: A certificate of insurance policy for $1,000,000 with the City of Saratoga named as an additional insured will be forwarded to you as soon as I receive it. Cal- Trans: Cal -Trans will be informed of the event and I will forward you a copy of the encroachment permit as soon as I receive it. Traffic Plan: The Sheriff department has been given a copy of the route and details about the event. I will forward a copy of the approval to you when received. Villa Montalvo Approval: Villa Montalvo will send you a letter indicating approval of the event by the association and the parks dept, and that all proceeds are donated to the Montalvo Association, a non profit organization. If you have any questions please call. 18805 Cox Avenue, Suite 130 Saratoga, CA 95070 (408) 866-1070 A W10(41-A.Ivo .2 P-7;le D;tsr: 4:5 Ma' evf•-q (crt'. h kj 4; e r c