HomeMy WebLinkAboutOrdinance 330 Rezoning Assessor's Parcel 386-35-069ORDINANCE NO. 330
AN ORDINANCE REZONING ASSESSOR'S PARCEL NUMBER 386-35-069
FROM R-1-10,000 TO R-1-10,000 P -C (PLANNED COMBINED DISTRICT)
CHURCH OF THE ASCENSION PARISH —19550 PROSPECT ROAD
THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY ORDAINS AS FOLLOWS:
Findings
1. Saratoga City Code Article 15-16 establishes the P -C (Planned Combined) District to
provide the City the authority to modify standards of development in an underlying
zoning district so as to achieve the following objectives:
(a) To provide a means of guiding development or redevelopment of properties in
areas of the City that are uniquely suited for a variety of design and development
patterns and standards.
(b) To provide greater flexibility of land use and design for a development that
provides a public benefit that would not otherwise be attainable through strict
application of the zoning regulations. A public benefit could include, but is not
limited to, buildings that exceed the City's green building standards, provides
community facilities that are open to the public, or allows for innovative in -fill
design.
(c) To encourage innovative design in a development that achieves one or more
specific goals and policies of the General Plan that would otherwise not be
attainable through strict application of the zoning regulations.
2. A Planned Combined District may be combined with any zoning district upon the granting
of a change of zone in accord with the provisions of this Article. A Planned Combined
district shall be designated by the symbol "P -C" following the zoning district designation
with which it is combined.
3. Existing buildings on the Church of the Ascension site include a 29'-6" tall church
building, a 19'-6" tall parish hall, and a 20'-6" parish office. Three parking lots provide a
total of 301 parking spaces. Total impervious coverage is 201,845 square feet. The
Church proposes to construct a 3,775 square foot one story rectory building to provide
housing for parish priests. The proposed rectory building will be located in an open
landscaped area at the intersection of Miller Avenue and Ascension Drive in the general
location as depicted on the master plan. The rectory building will be approximately 16 feet
in height and includes an attached two car garage. The zoning of the site is single-family
residential (R-1-10,000). The floor area, building height, and site coverage of the
existing and proposed church buildings exceed the development standards of the
residential zoning district. Since the site does not comply, the placement of the Planned -
Combined (P -C) Overlay District onto the existing residential zoning district would
modify the standards of development of the underlying zoning district from R-1-10,000
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to P -C / R-1-10,000. By allowing the P -C district, the City will further their objectives of
providing public benefit, such as providing below market rate housing and providing
community facilities open to the public.
4. The City of Saratoga Planning Commission and City Council have each found that that
the change is required to achieve the objectives of the Zoning Ordinance set forth in
Section 15-05.020, and following additional findings required in support of the rezoning
to R-1-10,000 P -C:
(a) That the proposed location of the planned combined district is in accord with the
objectives of the General Plan and the purposes of the zoning district in which the
site is located.
(b) That standards for the development will result in an aesthetic asset to the
community and produce an environment of stable and desirable character
consistent with the overall objectives of the General Plan and Zoning Ordinance.
(c) That the uses in the development will complement each other and will not
adversely affect existing and proposed land uses in the vicinity or the public
health, safety and welfare.
(d) That the application of the combined district furthers two or more of the purposes
contained within Section 15-16.010 (as set forth above, particularly purposes (b)
and (c) under Finding 1 above).
5. The City Council may by ordinance adopt a change of zone to a planned combined
district as applied for or in modified and/or conditional reclassification. The conditions
of this rezoning are set forth in Attachment 1 hereto and include limitation of the
exceptions to the City's floor area, site coverage and height regulations as specified in
Finding 3 above.
6. The City Council of the City of Saratoga held a duly noticed public hearing on July 1,
2015, and after considering all testimony and written materials provided in connection
with that hearing introduced this ordinance and waived the reading thereof.
Therefore, the City Council hereby amends the City Code as follows:
Section 1. Adoption.
The Saratoga City Zoning Map is amended to conditionally rezone ASSESSOR'S PARCEL
NUMBERS 386-35-069 (owned by the Roman Catholic Bishop of San Jose and also known as
19550 Prospect Road, Saratoga, California from R-1-10,000 TO R-1-10,000 P -C (PLANNED
COMBINED DISTRICT) subject to the conditions specified in Attachment 1 hereto.
Section 2. 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 -
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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 3. California Environmental Quality Act
The Community Development Department completed an Initial Study and Negative Declaration
which included a review of the environmental impact of this Rezoning and the City Council
hereby adopts said Mitigated Negative Declaration.
Section 4. Publication.
•
A summary of this ordinance shall be published in a newspaper of general circulation of the City
of Saratoga within fifteen days after its adoption.
Following a duly notice public hearing the foregoing ordinance was introduced at the regular
meeting of the City Council of the City of Saratoga held on July 1, 2015, and was adopted by the
following vote on August 19, 2015.
COUNCIL MEMBERS:
AYES: Mayor Howard A. Miller, Vice Mayor Manny Cappello, Council Member
Emily Lo, Mary -Lynne Bernald, Rishi Kumar
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
leDtrALGru
othelio, CITY CLERK
APPROVED AS TO FORM:
Richard Taylor, CITY ATTORNEY
SIGNED:
Q,
Howard A. Miller
MAYOR, CITY OF SARATOGA, CALIFORNIA
DATE:
DATE:
2-7 /7t
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Exhibit 1
CONDITIONS OF APPROVAL
ORDINANCE
19550 PROSPECT ROAD (386-35-069)
CHURCH OF THE ASCENSION
CONDITIONS OF APPROVAL
1. This ordinance supersedes all previous use permit resolutions issued for an institutional use
for this site.
2. All permitted uses per City Code Sections 15-12.020 and 15-12.030 are allowed. Additional
permitted uses include a community facility, an institutional facility, a religious and
charitable institution (per UP -80), and the participation in the West Valley Rotating
Homeless Shelter Program (per UP -95-007). The homeless shelter shall conform to the
following requirements:
a) Shelter, meals, and employment assistance to a maximum of 15 transitionally homeless
adults during the month of August.
b) The program shall be operated only within the Parish Hall (Worner Hall).
c) The Church shall submit the following information on an annual basis at least 30 days
prior to the commencement of the program for Community Development Director review
and approval:
o Letters of approval from the Santa Clara County Fire Department, the Environmental
Health Department and the Santa Clara County Sheriffs Office.
o A status report of the previous year's program, and a projection of how many more
programs will be provided (e.g. indefinitely, five more years, etc.). It is the Chuch's
responsibility to submit this information in a timely manner. Non-compliance with
this condition shall terminate the Use Permit.
d) At no time shall there be more than 15 shelter participants residing at the church, with no
fewer than one (1) nighttime supervisor is attendance.
e) The hours of the temporary housing program shall not exceed the hours of 7:00 p.m. to
8:00 a.m. seven (7) days a week.
f) All activity (with the exception of showers) shall take place within the Parish Hall
(Worner Hall).
g) All food preparation shall be in accordance with the County of Santa Clara County
Health Department Regulations.
h) The Church shall post the names and phone numbers of representatives who will be
available to address any neighborhood concerns or questions regarding the temporary
housing program on the grounds of the Church.
3. The maximum site coverage is 61 percent.
4. All required setbacks shall be per City Code Section 15-12.090 for the R-1-10,000 zoning
district.
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5. 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 the City Code.
6. Construction of any future structures shall comply with applicable design review
regulations set forth in Article 15-45 of the City Code.
7. The total allowable floor area for the site shall be no greater than 35,551 square feet.
8. The allowable building height shall be no taller than 29'-6".
9. All uses permitted on site shall be open to the public.
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