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HomeMy WebLinkAboutOrdinance 240 Amending City Code on Parking Requirements ORDINANCE 240 AN ORDINANCE AMENDING THE SARATOGA CITY CODE CONCERNING PARKING REQUIREMENTS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declares as follows: a. The City of Saratoga's Village business district has long been recognized as an area that has a mix of businesses that included cross section of retail, service, restaurant, and personal service industries that contribute to our residents' quality of life. b. The City's Village Design Guidelines and Village Improvement Project both contain numerous goals to create a vibrant downtown where the mix of retail and service based businesses exist. c. A nationwide economic recession has reduced the demand for many retail goods resulting in retail business failures and increasing retail space vacancies in the Village. d. There is surplus parking capacity in the Village and this capacity can be used to attract new uses to the Village to promote a more diverse economic climate. e. The General Plan designates the downtown Village area as CR-Retail Commercial.General Plan Land Use Policy LU 7.1 states, "The City shall consider the economic impacts of all land use decisions on the City." Accordingly, relaxing the parking requirements would provide greater flexibility in attracting tenants and/or promote greater investment in individual properties which would be consistent with Policy LU 7.1 and the City's goals to revitalize the Village. f. The Circulation and Scenic Highway Element of the General Plan states under Goal CI.7.0a, "Provide adequate parking for non-residential uses to minimize intrusion into adjacent neighborhoods.' CI.7.1, states, "Review on-street parking policies and utilization in the Village area" as a policy. The proposed amendment is consistent with the Circulation Element of the General Plan in that the proposed amendment relies on a review of current utilization of parking in the Village. g. The City Council has adopted a resolution pursuant to the California Environmental Quality Act(CEQA)adopting a Negative Declaration and finding no evidence that the amendments contained in this ordinance may have a significant adverse effect on the environment. 1 Section 2. Adoption. The Saratoga City Code is hereby amended by adding the text shown in bold italics (example) and deleting the text shown in strikeout (example) in the sections listed below: 15-35.020 General requirements and regulations for off-street parking spaces. (a)Except as specified in subparagraph (k)of this Section 15-35.030, 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"shall 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 enlargement of a site or structure shall 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 shall be counted in calculating the number provided to serve the alteration or enlargement. (b)If,in the application of the requirements of this Article, a fractional number is obtained, one parking space shall be provided for a fraction of one-half or more,and no parking space shall 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 a common parking facility; provided, that the total number of spaces shall be not less than the sum of the individual requirements, and provided further, 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 County Recorder and a certified copy there is filed with the City. (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 access 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 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 Community Development 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 121anning Director Community Development Director concerning the parking requirements of the proposed use. 2 (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 subsection, 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. (k)Notwithstanding any other provision of this Code,for applications deemed complete between March 1,2006 and February 28, 2009, no off street parking shall be required of any new,altered,or enlarged site or structure in any CH District until such time as a total of 41,850 square feet of gross floor area beyond that existing on March 1,2006("surplus floor area') has been constructed or otherwise allocated as set forth below in the CH Districts. This provision shall be administered as follows: (i) Surplus floor area shall be allocated on a first-come-first served basis,based on the date that the application submittal is deemed complete by the Community Development Department; (ii) The amount to be deducted from the surplus floor area for a new or enlarged site or structure shall be the increased gross floor area calculated using the methodology for determining gross floor area in Section 15-35.020(e); NO The amount to be deducted from the surplus floor area for a change in use in or alteration to an existing site or structure that does not increase the gross floor area of that site or structure shall be determined based on the gross floor area subject to the change in use reduced by 450 square feet for each parking space allocated to the prior use. This shall be calculated as follows: The total square footage subject to the change in use or alteration ("changed use area')shall be the gross floor area of that portion of the site or structure determined in accordance with Section 15-35.020(e). The existing parking credit shall be calculated by determining the number of parking spaces allocated to the prior use of the area proposed for a change in use or alteration and multiplying that number by 450 square feet. The amount to be deducted from the surplus floor area shall be the changed use area minus the existing parking credit. For example,for a proposed change in use of a 2000 square foot structure with four parking spaces allocated to the prior use,the changed use area would be 2000 square feet and the parking credit would be 1800 square feet (4 parking spaces multiplied by 450 square feet); this means that the amount of surplus floor area allocated to the change in use would be 200 square feet(the 2000 square foot changed use area minus the 1800 square foot parking credit). Notwithstanding the foregoing,no deduction from the surplus floor area shall be made or 3 required for any change in use in or alteration to an existing site or structure within a City parking district that does not increase the gross floor area of that site or structure. \--. (iv)Allocation of surplus floor area to an application shall be removed at such time as the application is denied or withdrawn and,for applications that are approved,upon the expiration of that approval. If an application is modified by the applicant or the approval in a manner that changes the gross floor area associated with the application, the allocation shall be adjusted accordingly; (v) The Community Development Department shall monitor and maintain an account showing the amount of surplus floor area that has been allocated pursuant to this section and the amount that remains to be allocated;and (vi)Any proposed new,altered,or enlarged site or structure in any CH District that would add more gross floor area than the remaining surplus floor area shall comply with the off street parking requirements set forth in Section 15-35.020(a)and elsewhere in this Code as to the excess floor area unless the applicant applies for and pays the costs of a parking study to be completed by City Traffic Engineer and that study is approved by the Planning Commission and determines that excess parking capacity is available in the CH Districts and recommends that the amount of surplus floor area be increased at least by an amount that would accommodate the proposed new,altered,or enlarged site or structure. Section 3. 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 4. Publication. This ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. [The Remainder of This Page is Intentionally Blank] 4 The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 4th day of January,2006,and was adopted by the following vote following a second reading on the 18th of January 2006: AYES: Councilmembers Kathleen King,Nick Streit, Ann Waltonsmith, Vice Mayor Aileen Kao, Mayor Norman Kline NOES: None ABSENT: None ABSTAIN: None '', j Norman line MAYOR, CITY OF SARATOGA, CALIFORNIA AT Ala%Fr Cat � • r CI '' `. APPROVED AS TO FORM: Richard Taylor CITY ATTORNEY