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HomeMy WebLinkAboutOrdinance 292 Amending 15-06 and 15-19 Tasting RoomsORDINANCE NO. 292 An Ordinance of the City of Saratoga Amending Saratoga City Code Articles 15-06 and 15-19 Concerning Tasting Rooms ZOAl2-0005 Findings 1. The City of Saratoga wishes to amend certain articles and sections of the City Code in order to promote the attraction of wineries or wine -related businesses to the City of Saratoga's commercial historic districts. 2. Following a study session and public hearing, the Planning Commission of the City of Saratoga considered proposed amendments to the City Code at a duly noticed public hearing on May 9, 2012 and thereafter recommended adoption of this ordinance. 3. The City Council of the City of Saratoga held a duly noticed public hearing on June 6, 2012 and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance on June 20, 2012. Therefore, the City Council hereby ordains as follows: Section 1. Adoption. Articles 15-06 and 15-19 of the Saratoga City Code are hereby amended as set forth in Exhibit "A". Text to be added is indicated in bold double underlined font (i.e. example) and text to be deleted is indicated in strikeout font (i.e. example). Text in standard font is adopted without change. Sections within an Article that are not included in Exhibit "A" are unchanged from the existing City Code. 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 and 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 proposed ordinance, amendments and additions to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Sections 15061(b)(3) and 15308. CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance the amendments and additions would have minimal impact on the environment. 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 (15) days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 20th day of June 2012, and was adopted by the following vote following a second reading on the 18th day of July 2012: AYES: Council Member Manny Cappello, Emily Lo, Howard Miller, Vice Mayor Jill Hunter, Mayor Chuck Page NOES: None ABSENT: None ABSTAIN: None ATTEST: irit-/f KAA) Crysl Morrow City Clerk APPROVED AS TO FORM: Chuck Page MAYOR, CITY OF SARATOGA, C J ORNIA Richard Taylor CITY ATTORNEY DATE: 'z (-)yo1-2- Exhibit A to Ordinance No. 292 An Ordinance of the City of Saratoga Amending Saratoga Municipal Code Articles 15-06 and 15-19 ZOAl2-0005 Proposed amendments are shown below. Text to be added is bold double underlined (example) and text to be deleted is shown in strikeout (example). Text in standard font is adopted without change. ARTICLE 15-06 DEFINITIONS 15-06.695 — Tasting Room "Tasting Room" means a commercial establishment that does not contain a kitchen and is devoted to the sampling, consumption, and sales of wine or beer produced on or off the premises. ARTICLE 15-19 C: COMMERCIAL DISTRICTS 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) Home occupations, conducted in accordance with the regulations prescribed in Article 15-40 of this Chapter. (3) Parking lots which comply with the standards for off-street parking facilities as set forth in Section 15-35.020 of this Chapter. (4) Accessory structures and uses located on the same site as a permitted use. (5) Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications. (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: (1) Restaurants. (2) Markets and delicatessens. (3) Any establishment engaged in the sale of alcoholic beverages, with the exception of tasting rooms, as provided for in Section 15-19.050(a)(3) of this Code. (4) (5) (6) (7) (8) (9) Hotels and motels. Bed and breakfast establishments. Institutional facilities. Community facilities. Game arcades. Gasoline service stations on sites abutting Saratoga/Sunnyvale Road, Saratoga/Los Gatos Road or Saratoga Avenue and accessible directly from such arterial road; provided, that all operations except the sale of gasoline and oil shall be conducted within an enclosed structure. (10) Animal establishments, as defined in Section 7-20.010(c) of this Code. All animal establishments shall be subject to the regulations and license provisions set forth in Section 7-20.210 of this Code. (11) Public buildings and grounds. (12) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks, transmission lines and cable television facilities. (13) Accessory structures and uses located on the same site as a conditional use. 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 the street level if separated from the street frontage by a retail establishment; and (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; and (3) tasting rooms, not exceeding four thousand square feet in area, which provide direct customer service on-site between the hours of 8:00 A.M. and 11:00 P.M. (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.