HomeMy WebLinkAboutOrdinance 302 Market DefinitionORDINANCE NO. 302
AN ORDINANCE AMENDING ARTICLE 15 -06 AND SECTION 15- 19.020
OF THE SARATOGA CITY CODE
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
Findings
The City of Saratoga wishes to amend Article 15 -06 of the City Code to define the word
market and amend Section 15- 19.020 to establish when a market is a conditional or
permitted use.
2. Amendments in this ordinance affect provisions of the City's zoning regulations in
Chapter 15 of the Code. The definition of "market" and the circumstances affecting
whether a market should be a conditional or permitted use were considered by the
Planning Commission of the City of Saratoga and the Commission, after a duly noticed
public hearing on December 12, 2012, made a recommendation to the City Council.
3. The City Council of the City of Saratoga held a duly noticed public hearing on January
16, 2013 and after considering all testimony and written materials provided in connection
with that hearing, introduced this ordinance.
Therefore, the City Council hereby ordains as follows:
Section 1. Adoption.
The Saratoga City Code is amended as set forth below. Text to be added is indicated in double -
underlined font (e.g., double - underlined) and text to be deleted is indicated in strikeout font (e.g.,
strikee ). Text in standard font remains unchanged by this ordinance. Text in italics (e.g.,
italics) is provided to promote readability and is not a part of this ordinance.
Article 15 -06 - DEFINITIONS
15- 06.441— Market.
"Market" means an establishment which sells or offers for sale to the public any food or
drink for human consumption off -site, with the exception of a tasting room as defined in this
Article or a lawfully located mobile canteen or other mobile unit as defined in Article 7 -25.
Section 15- 19.020 — General Regulations
(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:
(6) Markets with a floor area dedicated to food and drink sales that is less than or
equal to 25% of the establishment's total floor area and 2.000 square feet or
Less.
(b) Conditional uses. The following conditional uses may be allowed in any commercial
district, upon the granting of a use permit pursuant to Article 15 -55 of this Chapter:
(2) Markets and delicatessens with a floor area dedicated to food and drink sales
that is more than 25% of the establishment's total floor area or more than 2,000
square feet.
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-
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 regardless 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 proposed amendments to the City Code are Categorically Exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15305 - Minor
Alteration to Land Use Limitations, 15308 — Actions by Regulatory Agencies for Protection of
the Environment, and also exempt under CEQA Guideline section 15061(b)(3) - the general rule
that CEQA applies only to projects which have the potential of causing a significant effect on the
environment.
Section 4. Publication.
This ordinance or a comprehensive summary thereof 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 and read at the
regular meeting of the City Council of the City of Saratoga held on the 16th day of January, 2013,
and was adopted by the following vote following a second reading on the 6th day of February,
2013.
COUNCIL MEMBERS:
AYES: Council Member Chuck Page, Manny Cappello, Howard Miller, Vice Mayor
Emily Lo, Mayor Jill Hunter
NOES: None
ABSENT: None
ABSTAIN: None
SIGNE
Jill Hunter
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
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Crystal Bothelio
CITY CLERK
APPROVED AS TO FORM:
Richard Taylor
CITY ATTORNEY
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