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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: N5--to J* ,k Z3 DATE: IG 20 l3 Crystal Bothelio CITY CLERK APPROVED AS TO FORM: Richard Taylor CITY ATTORNEY DATE: z l --� � t-�