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HomeMy WebLinkAbout05 personal servicesSARATOGA CITY COUNCIL MEETING DATE: October 5, 2005 AGENDA ITEM: ORIGINATING DEPT.: Community Development CITY MANAGER: PREPARED BY: DEPT. HEAD: Lata Vasudevan, AICP John F. Livingstone, AICP SUBJECT: Zoning Text Amendment – Personal Service Businesses in CH-1 and CH-2 Zoning Districts RECOMMENDATION Open and conduct public hearing, introduce the Zoning Text Amendment, waive the first reading, and schedule the item for second reading and adoption on consent calendar. BACKGROUND On October 15, 2003, the City Council adopted an Interim Urgency Ordinance which established a 45-day moratorium on the establishment of new personal service businesses in the downtown Village, which is comprised of the CH-1 and CH-2 zoning districts. At the end of the 45-day term, the City Council extended the Interim Urgency Ordinance to have a one year term, and subsequently extended it for another year in 2004. The current Interim Urgency Ordinance, which prohibits the establishment of new street level personal service businesses that have their primary access from Big Basin Way or across the front lot line, expires on October 14, 2005. Government Code section 65858 does not allow the City to further extend this Interim Urgency Ordinance. The duration of this Interim Urgency Ordinance has satisfied Council’s intent of providing the Department of Community Development sufficient time to observe the business climate of the Village and formulate zoning requirements on personal service businesses. On September 14, 2005, the Planning Commission conducted a public hearing and recommended that the City Council adopt the zoning text amendment as stated below. DISCUSSION The economic vitality of the Village has not improved since the initial adoption of the Interim Urgency Ordinance. The current economic climate of the Village combined with the present concentration of nail and hair salons have led to staff discussions on the potential consequences of proposed zoning ordinance amendments that would either regulate or prohibit personal service businesses in the CH-1 and CH-2 districts that have primary access across the front lot line. Definition of Personal Service Business In implementing regulations on ‘personal service businesses,’ it is essential that this term be defined in the City Code. City Code Section 15-06.585 states the definition of a ‘Service establishment,’ which clearly includes uses such as hair and nail salons. However, Staff believes that the current definition of ‘service establishment’ should be expanded to include examples of other types of uses that may not be thought of as personal service businesses at first glance. The Interim Urgency Ordinance uses the term ‘personal service business’ instead of ‘service establishment’ because it more appropriately categorizes the nature of the uses that the City Council has temporarily restricted in its adoption of the moratorium. The Town of Los Gatos recently amended its Town Code by including a definition of personal service businesses and regulating such uses in its commercial zones. The Town’s definition of personal service businesses includes a comprehensive list of many types of uses that fall under this definition. Staff is proposing that the City’s Code be similarly amended, and that the term ‘service establishments’ be replaced with the term ‘personal service businesses.’ Deleted text is shown in strikeout form and new language is shown in bold text. Staff is recommending that section 15-06.585 ‘Service establishment’ of the City Code be amended to read: 15-06.585 Service establishment. "Service 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. (Amended by Ord. 223 § 2 (part), 2003) 15-06.585 Personal service business. “Personal service business” means a use that sells any personal convenience services directly to the public, including but not limited to, barbers, beauty salons, nail salons, hair removal and/or replacement, piercing, tattooing, psychics, cleaners, tailors, dog grooming, yoga studios, fitness centers and other services of a similar nature. Personal service business does not include travel agencies, insurance offices, law offices, or any other type of office use. It is very common for personal service businesses to have a combination of retail and personal services. An example is a beauty supply store which may have a significant retail area in the front with styling stations in the rear. Some cities classify such uses as retail if the retail sales area comprises a certain percentage of the store. This type of restriction is difficult to monitor. Staff finds that it is easier to classify any business as a ‘personal service business’ if it provides any personal service, even if it is secondary to its main use. To achieve this clarification in the City Code, Staff proposes the following amendment to section 15-06.560 ‘Retail establishment’ (new language is shown in bold text): 15-06.560 Retail establishment. "Retail establishment" means a use engaged in providing retail sale or rental of items primarily intended for consumer or household use. Any use including a personal service business is a personal service business and not a retail establishment. (a) Extensive retail 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, carpeting 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. Type of Regulation Applicable to Personal Service Businesses The current interim urgency ordinance imposes a ban on all new street level personal service businesses in the Village that have their primary access from Big Basin Way or across the front lot line. Staff finds that adoption of a zoning ordinance amendment that continues or expands this prohibition would be inconsistent with the purpose of the C (Commercial) zoning district. City Code section 15-19.010(b) states that one of the purposes of the C district is, “To provide opportunities for retail stores, offices and service establishments to concentrate for the convenience of the public and in mutually beneficial relationship to each other.” The ‘Saratoga Village Plan’ also lists the encouragement of a town center mix of business establishments as an objective for the Village. Apart from the current concentration of such businesses, personal service establishments at the street level, such as hair and nail salons and day spas, are essential in contributing to a viable variety of businesses in the Village. Furthermore, as in all successful business districts, competition between several of the same types of business uses contributes toward a viable economic atmosphere and allows more choices for customers. Therefore, the proposed ordinance amendment is not intended to limit competition, but to limit over concentration of uses that already exist in the downtown Village. It is the City’s role to support the objectives of the C zoning designation by analyzing the impacts of each new personal service establishment to ensure that there is a balanced mix of businesses. Conditional uses as described in City Code section 15-55.010, require special consideration by the Planning Commission so that they may be located properly with respect to the objectives of the purposes of the district in which the site is located. Furthermore, General Plan Land Use Policy LU 7.1 states, “The City shall consider the economic impacts of all land use decisions on the City.” In order to grant a Conditional Use Permit, the approving authority must make all of the findings stated in City Code section 15-55.070 consistent with the General Plan. Staff believes that the proposed amendment would enable the Planning Commission to evaluate each new application for a personal service business on a case-by-case basis in relation to the mix of businesses that are present and in light of the City’s economic goals for the Village. Permissible Locations for Personal Service Businesses The current Interim Urgency Ordinance applies only in the Village. The CH zoning districts encompass the Village area; no other areas in Saratoga have a CH zoning designation. Since a concentration of personal service businesses has been identified by the City Council in the downtown Village only, Staff recommends that personal service establishments remain permitted uses (no use permit required) in the C-N and C-V zoning districts. Also, the Interim Urgency Ordinance restricts new personal service businesses would be located at street level or would have primary access across Big Basin Way or across the front lot line. Staff recommends that the zoning ordinance amendments have a similar scope. Accordingly, staff recommends the following text amendments. Recommended deletions are represented with strikeout text, and insertions are in bold text: 15-19.020 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, unless a use involves the operation of a business providing direct customer service (including, but not limited to, conducting a delivery service) on-site between the hours of 1:00 A.M. and 6:00 A.M., in which event such use may be allowed upon the granting of a use permit pursuant to Article 15-55 of this Chapter: (1) Retail establishments, except restaurants, markets, delicatessens, 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. 15-19.030 C-N district regulations. (a) Permitted uses. In addition to the permitted uses listed in Section 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) Personal Service Businesses. (4) Religious and charitable institutions. (5) Christmas tree and pumpkin sales lots. 15-19.040 C-V district regulations. (a) Permitted uses. In addition to the permitted uses listed in Section 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. (3) Personal Service Businesses. 15-19.050 C-H district regulations. (a) Permitted uses. In addition to the permitted uses listed in Section 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 street level if separated from street frontage by a retail establishment; and . or service establishment. (2) Personal Service Businesses that are above street level, and personal service businesses that are at street level but do not have primary access from Big Basin Way or across the front lot line. (b) Conditional uses. In addition to the conditional uses listed in Section 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) Theaters. (3) Religious and charitable institutions. (4) Mixed-Use Development conforming to the Design Standards found in Article 15- 58. (5) Personal Service Businesses at the street level that have primary access from Big Basin Way or across the front lot line. CORRESPONDENCE As of September 26, 2005, Staff has not received any correspondence from the public on this matter. ADVERTISING, NOTICING, AND PUBLIC CONTACT This item was properly posted and notice of the hearing has been placed in the September 21, 2005 issue of the Saratoga News. FISCAL IMPACTS There are no negative fiscal impacts. This zoning text amendment will enable the Planning Commission to review each application for a personal service business in reference to the City’s goal to revitalize the downtown Village. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S) The ‘Saratoga Village Plan’ lists the encouragement of a town center mix of business establishments as an objective for the Village. If the proposed zoning text amendment is not adopted, then the City may not meet this objective. FOLLOW UP ACTION(S) This item shall be placed on the next City Council agenda for adoption. The ordinance will be effective 30 days from the date of adoption. ALTERNATIVE ACTIONS 1. Leave the Zoning Ordinance as it is currently written. 2. Modify and adopt the proposed Zoning Text Amendment. ATTACHMENT 1. Draft Ordinance Ordinance No. _____ ORDINANCE _______ AN ORDINANCE AMENDING THE SARATOGA CITY CODE CONCERNING PERSONAL SERVICE BUSINESSES IN THE CH-1 AND CH-2 ZONING DISTRICTS 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 a 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. While the total number of Personal Service Businesses continues to grow, our current vacant retail space is being converted to additional Personal Services Businesses compromising our desired Village business mix. e. An increase in the existing number of Personal Service Businesses in the Village potentially threatens the City’s desired business mix of retail and service businesses in a number of way, including, but not limited to, a concentration of Personal Services Businesses which limit or exclude other retail activities, the decrease of varied retail opportunities thereby reducing the attractiveness of the Village to both shoppers and new retail businesses, and ultimately jeopardizing the ability of the City’s retail areas to successfully compete with other retail areas in the region. f. This Ordinance is not a project subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378, subdivision (b). In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in section 15061, subdivision (b) (3) of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that it may have a significant effect on the environment. The purpose of this Ordinance is to require discretionary review of previously permissible uses. Because it does not authorize any new uses it will not indirectly or directly result in a physical change to the environment. 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: A. Section 15-06.585 ‘Service establishment’ of the City Code is amended to read: Ordinance No. _____ 15-06.585 Service establishment. "Service 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. (Amended by Ord. 223 § 2 (part), 2003) 15-06.585 Personal service business. “Personal service business” means a use that sells any personal convenience services directly to the public, including but not limited to, barbers, beauty salons, nail salons, hair removal and/or replacement, piercing, tattooing, psychics, cleaners, tailors, dog grooming, yoga studios, fitness centers and other services of a similar nature. Personal service business does not include travel agencies, insurance offices, law offices, or any other type of office use. B. Section 15-06.560 ‘Retail establishment’ of the City Code is amended to read: 15-06.560 Retail establishment. "Retail establishment" means a use engaged in providing retail sale or rental of items primarily intended for consumer or household use. Any use including a personal service business is a personal service business and not a retail establishment. (a) Extensive retail 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, carpeting 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. C. Section 15-19.020 “General regulations” of the City Code is amended to read: 15-19.020 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, unless a use involves the operation of a business providing direct customer service (including, but not limited to, conducting a delivery service) on-site between the hours of 1:00 A.M. and 6:00 A.M., in which event such use may be allowed upon the granting of a use permit pursuant to Article 15-55 of this Chapter: Ordinance No. _____ (1) Retail establishments, except restaurants, markets, delicatessens, 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. D. Section 15-19.030 “C-N district regulations” of the City Code is amended to read: 15-19.030 C-N district regulations. (a) Permitted uses. In addition to the permitted uses listed in Section 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) Personal Service Businesses. (4) Religious and charitable institutions. (5) Christmas tree and pumpkin sales lots. E. Section 15-19.040 “C-V district regulations” of the City Code is amended to read: 15-19.040 C-V district regulations. (a) Permitted uses. In addition to the permitted uses listed in Section 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. (3) Personal Service Businesses. F. Section 15-19.050 “C-H district regulations” of the City Code is amended to read: 15-19.050 C-H district regulations. (a) Permitted uses. In addition to the permitted uses listed in Section 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 street level if separated from street frontage by a retail establishment; and . or service establishment. (2) Personal Service Businesses that are above street level, and personal service businesses that are at street level but do not have primary access from Big Basin Way or across the front lot line. (b) Conditional uses. In addition to the conditional uses listed in Section 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: Ordinance No. _____ (1) Professional, administrative and medical offices and financial institutions, when located at street level and having street frontage. (2) Theaters. (3) Religious and charitable institutions. (4) Mixed-Use Development conforming to the Design Standards found in Article 15- 58. (5) Personal Service Businesses at the street level that have primary access from Big Basin Way or across the front lot line. 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] Ordinance No. _____ The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 5th day of October, 2005, and was adopted by the following vote following a second reading on the 19th day of October 2005: AYES: __________________________________________ NOES: __________________________________________ ABSENT: ________________________________________ __________________________________________ Kathleen King MAYOR, CITY OF SARATOGA, CALIFORNIA ATTEST: ___________________________ Cathleen Boyer CITY CLERK APPROVED AS TO FORM: ___________________________ Richard Taylor CITY ATTORNEY