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Home My WebLink AboutOrdinance 236 Amending City Code in CH-1 and CH-2 Zoning ORDINANCE 236 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: 15 06.585 Service establishment. effects and not primarily for the sale of goods or merchandise. (Amended by Ord. 223 § 2 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 maybe 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. 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) L.- 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. 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] `L•- 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 2nd day of November 2005: AYES: Councilmembers Aileen Kao,Nick Streit, Ann Waltonsmith, Vice Mayor Norman Kline, Mayor Kathleen King NOES: None ABSENT: None ABSTAIN: None `WgibtAtem P7 4 Kathleen M. King MAYOR, CITY OF SARATOGA, CALIFORNIA ATTES ' '�I Cathlee Bo CITY E' APPROVED AS TO FORM: Richard Taylor CITY ATTORNEY