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HomeMy WebLinkAboutOrdinance 231 (2) Moratorium on Personal Service BusinessesORDINANCE NO. 231 AN INTERIM ORDINANCE EXTENDING AND AMENDING A MORATORIUM ON NEW PERSONAL SERVICE BUSINESSES LOCATED ON THE GROUND FLOOR IN THE VILLAGE AND DECLARING THE SAME TO BE AN URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY 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 cross section of retail, service, restaurant, and personal service industries that contribute to our citizens 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. The City does not have complete and comprehensive information analyzing the current business environment of the Village or describing the total number, type, and mix of businesses located therein, or the growth trend of different types of businesses, including Personal Service Businesses. e. The zoning provisions of the City of Saratoga does not provide a definition of "Personal Service Business" nor does it contain adequate procedures for investigating and addressing the impacts of new Personal Service Businesses in the Village. £ While the precise number of Personal Service Businesses has yet to be determined, an initial review of City business license information indicates that in calendar year 2001 approximately 10 locations in the Village were used for Personal Services Businesses, that the number increased slightly to 13 locations in calendar year 2002, and that thus far in calendar year 2003 the number has increased to approximately 16 locations. g. While a more detailed survey may more accurately reflect the number of Personal Service Businesses in the Village, the preliminary information referred to herein, coupled with the pending and anticipated opening of more such businesses, suggests the existence of a large and rapidly increasing number of Personal Service Businesses in the Village specializing in hair, nail, and skin care, and a trend of vacant retail spaces converting to Personal Service Businesses. h. 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. i. The City's Department of Community Development has been directed to evaluate and make recommendations to the Planning Commission and City Council regarding the necessity and potential form of regulation of new Personal Service Businesses. j. Establishment of new Personal Service Businesses during the time the City staff is studying the business environment and the value of imposing regulations on such businesses could result in conflicts with any regulations that might ultimately be adopted. k. For the reasons stated herein, the opening of new Personal Service Businesses in the Village during the term of this Ordinance poses a current and immediate threat to public health, safety, and welfare. 1. In recognition of the foregoing the City Council on October 15, 2003 adopted an urgency ordinance imposing a 45-day moratorium on the establishment of any new Personal Service Businesses in the Village. Because it has not yet been possible to obtain and evaluate the information being developed by City staff, the purpose of this ordinance is to extend that moratorium to October 14, 2004. m. 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 prohibit on an interim basis, new Personal Service Businesses in the Village, which maybe otherwise permissible under existing policies. The Ordinance will not create a change in the environment because it maintains the status quo. Any delay in opening such businesses is only temporary in nature, and would not indirectly or directly result in a physical change to the environment. Section 2. Regulation. The following regulation is hereby imposed. This regulation shall prevail over any conflicting provisions of the Saratoga City Code or the other ordinances, resolutions, policies, and regulations of the City of Saratoga: 1. During the term of this Interim Ordinance, no new Personal Service Business shall be located on the first floor of the Commercial Historic District (CH-1 and CH-2), unless: (a) a lease has been executed prior to the effective date of this Ordinance; or (b) the primary access to the Personal Service Business is not either from Big Basin Way or across the front lot line. 2. "Personal Service Business" means a use, not conducted within an office, providing services for the personal care of an individual including, but not limited to, hair and nail salons and day spas. Section 3. Interim Urgency Ordinance. Based upon the findings set forth in Section 1, above, this is an Interim Urgency Ordinance adopted pursuant to Government Code section 65858, and pursuant to the authority granted to the City of Saratoga in Article 11, Section 7 of the California Constitution. This Ordinance shall therefore take effect immediately upon adoption. This Ordinance, as amended, shall extend to October 14, 2005 the term of the Interim Urgency Ordinance adopted on October 15, 2003 and previously extended until October 14, 2004. Section 4. Reporting Requirement. Ten days prior to expiration of this Interim Ordinance, the City Council shall issue a written report pursuant to Government Code section 65858(d) describing the measures taken to alleviate the conditions, which have led to the adoption of this Interim Ordinance. Section 5. 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 6. 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. This interim Ordinance was passed and adopted at a regular meeting of the City Council of the City of Saratoga on September 1, 2004 and adopted by at least afour-fifths (4/5) vote of the City Council as follows: AYES: Councilmembers Norman Kline, Nick Streit, Vice Mayor Kathleen King, Mayor Ann Waltonsmith NAYS: None ABSENT: Councilmember Stan Bogosian ABSTAIN: None ,f n MAYOR, CITY OF SARATOGA, CALIFORNIA ~TTES,T1 ( ,C. CITY C~.E APPROVED AS TO FORM: ~---• ~~ - - -~^ - CITY ATTORNEY