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HomeMy WebLinkAbout03-28-1985 CITY COUNCIL STAFF REPORTSCITY or StlitILTOCA Initial: AGENDA BILL NO. Dept. Hd _ DATE: March 27, 1985 C. Atty. DEPalF:T.%Qv'T: City Attorney C. Mgr. Establishment of Site Review Committee and amenc�nent to �3ivision SUBJECT= Ordinance to.exenpt certain over 50% expansions Issue SuTmary 'These ordinances (3) originate fr(xn the Code Revision Committee and represent a further effort to expedite and.simplify the develowtent approval process. The first ordinance amends Chapter 2 of the City Code to establish the SRC. and designate the ccnnnittee as the advisor v agency for building site approvals on single family residences. The second ordinance designates the SRC a% the approving authority for design review applications oft single..f_aimily residences which fully ccuply with the square footage standards. The third ordinance exempts 50g or more expansion of single family residences from building site approval.if all the conditions set forth in ordinance can be satisfied. .. Reccm me ?dation . Staff recommends that the proposed ordinances be adopted. The Planning Ccmunission has formally reccmumended adoption of the amendment to the Zoning Ordinances. The'Cc�;dssion also informally reviewed the other ordinances at.its study session and similarly recommends adoption thereof. Fiscal Imoacts The fiscal impacts are difficult to assess at this tune. A reduction in staff time on the processing of applications is expected to- occur, with possible cost savings. However, these savings may be somewhat offset by a reduction in application fees. C E:-1iibits /Attac1-ur__nts (a) Memo. from City ,Attorney to Planning Commission (b) Proposed ordinances (3) (c) Resolution-.by Planning Commission recommending adoption (d)• Negative Declaration - Council Action 4/3: Introduced all three ordinances 5 -0. 4/17: Adopted Ordinances 38.132, NS 3.67, and NS 60.16, 5 =0.' FROM: HAROLD S. TOPPEL, City Attorney RE: Site Review Committee DATE: March 21, 1985 Submitted herewith are revised ordinances incorporating the changes discussed during the study session of the Planning Commission on March 19, 1985. The amendments to the Subdivision Ordinance and Chapter 2 of the City Code will be acted on by %the City Council and are being furnished to the Commission for information and comment only. It will be necessary for the Commission to take formal action with respect to the amendment to the 'Zoning Ordinance designating the Site Review Committee as the approving authority for certain design review applications.. The various ordinances now provide as follows: 1. Amendment to. Zoning Ordinance Designating the Site Review. Committee as Approving Authority for Certain Design Review Applications The earlier draft of this ordinance has now been revised to desi;nate both the Planning Commission and the Site Review Committee as the approving authority under the design review ordinance. The Planning Commission will have jurisdiction over all design review applications which are not specifically delegated to' the SRC. As now revised, the ordinance designates the SRC as the approving authority only with respect to design review approval of a single family residence which does not exceed the floor area standard applicable to the site. In addition, the SRC is authorized to grant setback variances only as part of its design review approval. No reference to impervious coverage is made in the ordinance because any such coverage in excess of the standard will require a variance, and the Sk.0 has no authority to grant such variance. Consequently, a proposal which exceeds i►r►pervious coverage will automatically go to the Planning Commission. As in the case of the earlier draft, appeals from any decision or determination by the SRC will be made directly to the City Council. Section 24 of the Zoning Ordinance is being amended to accommodate this procedure. As indicated -1- ATKINSON • FARASYN ATTORNEYS AT LAW 660 TEST O= NA STREET J. rl. ATKINSON. (11392.1982) PAUL 0. SMITH L. M. FARASYN, (1915 -19791 ERIC L. FARASYN P.O. BOX 279 LEONARD J. SIEGAI. 1KOuNT. \I\ ♦•IL•'w, CALIFORNIA 040 -12 HAROLD S. TOPPEL GREGORY A. MANCHUK (415) 967 -6941 ' STEVEN G. EJAIRO ALEXANDER J. TRAFICANTI MEMORANDUM TO: SARA`1'OGA PLANNING COMMISSION FROM: HAROLD S. TOPPEL, City Attorney RE: Site Review Committee DATE: March 21, 1985 Submitted herewith are revised ordinances incorporating the changes discussed during the study session of the Planning Commission on March 19, 1985. The amendments to the Subdivision Ordinance and Chapter 2 of the City Code will be acted on by %the City Council and are being furnished to the Commission for information and comment only. It will be necessary for the Commission to take formal action with respect to the amendment to the 'Zoning Ordinance designating the Site Review Committee as the approving authority for certain design review applications.. The various ordinances now provide as follows: 1. Amendment to. Zoning Ordinance Designating the Site Review. Committee as Approving Authority for Certain Design Review Applications The earlier draft of this ordinance has now been revised to desi;nate both the Planning Commission and the Site Review Committee as the approving authority under the design review ordinance. The Planning Commission will have jurisdiction over all design review applications which are not specifically delegated to' the SRC. As now revised, the ordinance designates the SRC as the approving authority only with respect to design review approval of a single family residence which does not exceed the floor area standard applicable to the site. In addition, the SRC is authorized to grant setback variances only as part of its design review approval. No reference to impervious coverage is made in the ordinance because any such coverage in excess of the standard will require a variance, and the Sk.0 has no authority to grant such variance. Consequently, a proposal which exceeds i►r►pervious coverage will automatically go to the Planning Commission. As in the case of the earlier draft, appeals from any decision or determination by the SRC will be made directly to the City Council. Section 24 of the Zoning Ordinance is being amended to accommodate this procedure. As indicated -1- during the study session, staff is recommending a direct appeal to the City Council for the following reasons: (a) To encourage the finality of decisions by the SIIC and avoid the appearance of the Committee as being merely an advisory body. (b) To minimize processing time on design review applications by avoiding multiple appeals. (e) To encourage applicants to present their "bottom line" to the SRC instead of holding concessions in abeyance for later presentation to the appellate body. (d) To minimize staff time as well as the time and expense of the applicants and other interested persons. 2. Ordinance Establishing the Site Review Committee and Designating Such Committee as the Advisory Agency for Certain Building Site Approvals No change has been made in the draft of this ordinance as presented to the Planning Commission during your study session. Section 1 of the ordinance amends Chapter 2 of the City Code by adding Article VIII establishing the Site Review Committee. Although the ordinance specifies that such Committee shall meet on the second and fourth Wednesday of each month, commencing at 3:00 p.m., the ordinance allows the Committee to change the day, time or place of its regular meetings by resolutio_ n._ ._ The will operate according to the same procedural rules as applied to the Planning Commission. The Committee may also adopt its own rules and procedures provided the same are not inconsistent with the procedures specified in the City Code. Section 2 of the ordinance designates the Site Review Committee as the advisory agency under the Subdivision Ordinance with respect to building site approvals for single family residences to be constructed or expanded on a single lot or parcel, along with the authority to grant extensions or modifications of such approvals. ferred by the Committee to the Planning Commission Any such application may be re whenever the Committee deems such referral to be necessary or appropriate. Sections 3, 4 and 5 of the proposed ordinance are basically "clean up" provisions. Section 2 officially repeals Section 2.3 of the Subdivision Ordinance relating to the composition of the land development committee. This Section has been inoperative ever since the time the land development committee was disbanded and its functions transferred to the Planning Commission. Section 3 of the ordinance amends Section 15.2 of the Subdivision Ordinance so as to authorize the Site Review Committee to grant exceptions in the same manner as the Planning Commission (within the limits of its jurisdiction). Section 5 repeals Section 27 of the Subdivision Ordinance which relates to an alternative procedure for obtaining building site approval from the land development committee. This section is currently obsolete and should have been repealed at the time the land development committee was abolished. 3. Amendment to Section 21 of the Subdivision Ordinance to Exempt Certain Expansions in Excess of Fifty Percent from the Requirement of Building Site Approval As discussed during the study session, Section 21 of the Subdivision &A Ordinance has been amended as follows: (a) Paragraph (c) has been amended to create an additional exemption from the requirement of building site approval in the case of an expansion of a single family residence which satisfies all of the conditions set forth in Paragraphs (1) through (6). Paragraph (2) has been revised so as to permit an exemption even where a dedication to the public may be required, but the applicant voluntarily agrees to make such dedication. The condition that the expansion be subject to design review approval has been deleted in response to the comment from Community Development that certain expansions would not otherwise require design review approval but could be conditioned, if necessary, in connection with the issuance of a building permit. (b) Under the existing ordinance, a residence destroyed by fire, act of God or other calamity is exempted from site approval. This provision has been modified in Paragraph (e) to exclude a destruction caused by landslide, earthquake, earth movement, soil instability or flood. In such cases, building site.approval will be required. (c) Paragraph (f) of the proposed ordinance adds a further condition to a lot line adjustment to the effect that no addition of land to another parcel will be permitted if such addition results in the new parcel being capable of further subdivision. The foregoing ordinances are the result of the deliberations by the Code Revision Committee and staff would recomme approval and referral to the City'Council for adoption. + /�k/ gh440LD S— TUPY %L r Saratoga City Attorney -3- RESOLUTION NO. C -218 -1 A RESOLUTION RECOMMENDING AN AMENDMENT TO THE ZONING ORDINANCE BY AMENDING SECTIONS 13A.3, 13A.9, 17.12, 24.2 AND 24.7 REGARDING THE POWERS OF THE SITE REVIEW COMMITTEE WHEREAS, the Planning Commission held a public hearing on said proposed amendment, which public hearing was held at the following time and place to wit: at the hour of 7:30 p.m. on the 27th day of March, 1985, at the City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California, and WHEREAS, after careful consideration of the proposed amendment as it would affect the Zoning Regulations in the General Plan of the City of Saratoga, and after consideration of the staff report, the Commission has made certain findings and is of the opinion that the proposed amendment attached thereto shall be formally recommended to the City Council. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Saratoga as follows: 1. That the proposed amendment attached hereto be and the same as hereby affirmatively recommended to the City Council of the City of Saratoga for adoption as part of the Zoning Ordinance of the.City. 2. That the report of Findings of this Commission, a copy of which report is attached hereto and marked Exhibit "B ", be and the same as hereby approved, and BE IT FURTHER RESOLVED that the Secretary is directed to send a copy of this resolution of recommendation with attached proposed amendment and Report of Findings and summary of hearings held by this Commission to the City Council for further action in accordance with State Law. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 27th day of March, 1985, by the following vote: AYES: Commissioners Burger, J. Harris, Peterson and Siegfried NOES: None C -218 EXHIBIT ".B" 1. The proposed amendment to the text of the Zoning Ordinance is required to achieve the objectives of the General Plan and Zoning Ordinance as prescribed in Section 1.1 of the Zoning Ordinance in that: a.) It will streamline the existing development process and maintain the City's development standards. 2. The proposed amendment to the text of the Zoning Ordinance will not be detrimental to the public health, safety or welfare or materially injurious to properties in the City. EIA -4 Saratoga U',, DECLARATION THAT ENVIRONMENTAL IMPACT REPORT NOT REQUIRED (Negative Declaration) Environmental Quality Act of 1970 File No: C -218 NS -60.16 The undersigned, Director of Planning and Environmental Control of the CITY OF SARATOGA, a Municipal Corporation, after study and evaluation has determined, and does hereby determine, pursuant to the applicable provisions of the Environmental Quality Act of 1970, Sections 15063 through 15065 and Section 15070 of the California Administrative Code,.and.Resolu- tion 653- of the'City of Saratoga, that the following described project will have no significant effect (no substantial adverse impact) on th6 environmen within the terms and meaning of said Act. PROJECT DESCRIPTION 1. Amend the text of the Zoning Ordinance by designat- ing the Site Review Committee (SRC) as the reviewing and approving body for single family residential Design Review (and associated variances) and modifications to such applications. 2. Amend the text of the Subdivision -Ordinance by designating the SRC as the.reviewing and approv.ing.body for single site, single- family residential Tentative Building Site Approval (TBSA) and exempting certain over 50% expansions from the TBSA process if necessary urban services are provided. NAME AND ADDRESS OF APPLICANT City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 REASON FOR NEGATIVE DECLARATION The proposed project will not have a significant effect on the environment since existing development standards will not change and a new reviewing body will take over some of the current review and approval functions'of the Planning Commission in order to streamline the process. Executed at Saratoga, California this �L day of ROBERT S. SHOOK DIRECTOR OF COMMUNITY DEVELOPMENT AND ENVIIJONMENTAL CONTROL OF THE CITY OF SARRVOGA. ; \ 111� DIRECTOR'S AUTHORIZED STAFF MEMBER CITY OF Sr1R1UMN AGENUN BILL No. �70.Z 1. DATE. March 28, 1985 Initial: Dept. Hd. C. Atty. .DEw -un IIV•T: City Attorney C. Mgr. --------------------------------------- - - - - -- - - - - -- . Special event permits for parades, footraces, festivals ancT sinu`Iar`� - -" ' -- SUBJECT: activities involving street use or closure. Issue SU.ary The proposed ordinance amends Article III in Chapter 13 of the City Code, entitled, "Parades and Meetings." The Article has been totally revised and now applies to parades, footraces, festivals and similar events. The procedures, standards and requirements for issuance of a permit are the same as recommended by the Director of Community Services in his memo to the Council dated 3/6/85. It should also be noted that our existing Code now requires a permit to engage in public discourse or debate and such perihit can be denied if the applicant does not have "a reputation for peace and quiet in the neighborhood in which he resides.` These provisions have been deleted as being facially unconstitutional. ReGcm endation Staff recommends adoption of the proposed ordinance. Fiscal Impacts The existing-Code does not require either a fee or a security deposit for issuance of a permit. To the extent that such fees are collected, or security deposits used for clean-up costs incurred by the City, the Ordinance may result in a minimal increase in revenues. The new OrdinancQ , also provides for payment of law enforcement costs.by the permittee. ` E: %hi.bits /Attuctu'r_.n is (a) Proposed ordinance (b) Report to.the City Council by Director of Community Services Council Action 4/3: Introduced-ordinance 5 -0. 4/17: Adopted Ordinance 38.133, 5 -0. CITY Or SARI\ICX' N AGE2,TDA BILL M. j q3 Initial: Dept. Hd. DATE: March 6, 1985 C. Atty. DI:PArZnIENT: Community Services C. Mgr. SUBJECT: Permit Procedures for Parades and Footraces Issue Sunmary On.January 16, 1985, staff presented Council with an outline for a new parade permit ordinance; and Council directed staff to make certain changes and return with the revisions at.a future date. The changes which were requested are identified in the attached report. In summary, i they move permit approval authority to'the City Council and increase filing f*ee charges. Recomrendation 1. Approve staff recommendations outlined in report. 2. Direct City Attorney's office to draft actual ordinance. _ Fiscal Imcacts An estimated 12 events per year would generate $600 annually. c.:'.h ihi is /Attachments Report to Council from Community Services Director. Ccuncil Action .3.%:6 -.85: Approved in ' concept 5 -0. •� 3000 Z REPORT TO MAYOR AND CITY COUNCIL DATE: 3/6/85 COUNCIL MEETING: 3/6/85 SUBJECT: Permit Procedures for Parades and Footraces ------------------------------------------------------------------ - - - - -- PURPOSE Conceptual approval of a permit procedure for parades and footraces requiring alterations in traffic flow and /or road closures is requested. ANALYSIS In response to Council direction, staff outlined a parade and footrace permitting procedure for the City of Saratoga on January 16, 1985. In response to Council direction, that procedure has been modified. The new procedure is outlined below. RECOMMENDATIONS A. Filing of Application for Permit 1. Requests for special event permits will be required 90 days before the proposed scheduled date of the activity. 2. The Community Services Department will coordinate the processing of the.permit requests within the City. *3. The City Council can waive the 90 day processing requirement if it finds the nature of the activity would significantly benefit the public interest in the community, and that such waiver would not in any way compromise public safety considerations associated with the event. Report to Mayor and City Council Page 2 Subject: Permit Procedures for Parades and Footraces B. Fees and Deposits *1. A non - refundable $50 filing fee will be required with each application. *2. A refundable $250 cleanup deposit will be required. 3. An insurance certificate for $300,000 naming the City of Saratoga as additionally insured will be required. 4. Permit applicants will be responsible for security at their events. Security and traffic control expenses incurred by the City will be billed to the event sponsors. C. Approvals /Denials *1. The City Council must approve all permit applications. *2. Only the City Council can waive any fee and deposit requirements associated with parades and footraces. *3. The decision to either grant or deny approval of a special event by the City Council shall be final. D. Intergovernmental Coordination 1. The Community Services Department will be responsible for coordinating permit requests with the following other public agencies: (a) Santa Clara County Sheriff (b) Saratoga Fire District (c) County Central Fire District (d) County Transit Agency (e) California Highway Patrol (f) California Department of Transportation 2. Each of the above public agencies will be given twenty (20) days upon which to comment on a permit application and will be notified of the final action taken on the permit request. E. Legality 1. Each of the above items may be automatically waived when a special event or parade constitutes an expression of free speech which is Constitutionally protected. *Items changed since last report per direction. Report to Mayor and City Council Page 3 Subject: Permit Procedures for Parades and Footraces Changes Since the outline of the ordinance for parades and footraces was last presented to the Council, the following changes were made in response to Council direction: A -3. The authority to waive the 90 -day permit processing requirement was changed from the City Manager to the City Council. B -1. The non - refundable filing fee was doubled, increasing from $25 to $50 per application. B -2. The cleanup deposit was reduced from $500 to $250, a 50% redution. C -1. The authority to grant approval for a special event was changed from the City Manager to the City Council. C -2. The authority to waive any fee and deposit requirement was changed from the City Manager to the City Council. C -3. The above changes made it necessary to delete an applicant's right to appeal the decision of the, City Manager to the City Council. The City Council's decision with regard to any application for a parade permit will be the first and final action in the matter. Other Issues Council requested that staff explore the use of a split fee schedule for profit and non - profit organizations. Research revealed that no profit making organization had sponsored any events for profit making purposes. On the rare occasions when a profit making organization did sponsor an event, the proceeds went to benefit a charity, so the event was still public- interest oriented. Since parades and footraces in Saratoga have not been held for profit making purposes, staff is not recommending a split fee schedule at this time. The City's new parade permit ordinance can be adopted for public interest events, and profit making endeavors can, be handled on a case by case basis should they occur (e.g. a road closure for the purposes of shooting a scene for a movie). Another issue Council directed staff to explore concerns the cost to event sponsors for liability insurance coverage. The findings resulting from the research reveal a lot of variation in insurance costs. For most event sponsors, however, existing insurance coverage, which they already carry, allows for special Report to Mayor and City Council Page 4 Subjet: Permit Procedures for Parades and Footraces "rider" policies to be issued for little or no additional cost. For example, the Saratoga Rotary Club pays approximately $250 per year which covers their art show and any special events they wish to sponsor. Rider policies for specific events like a parade naming the City of Saratoga as additionally i insured are issued at no additional cost. Groups which have no existing insurance coverage can expect to pay between $250 and $500 for a special policy which would cover them for one day. None of the previous sponsors of any parade or footrace in Saratoga in the past have fallen into this category, however. Therefore, staff recommends that the liability insurance coverage required by the City be no less than $300,000 as originally recommended. CONCLUSION Once the City Council approves in concept the changes outlined above, staff will draft the actual ordinance reflecting those changes for final Council action. Groups which have sponsored a parade or footrace within the City for the past three years will also be notified about the adoption of the new permit procedure. Todd W. Argow