By Khalida Sarwari
A dress shop that decides to start selling bananas and granola bars at the counter will not be deemed a market and therefore will not be required to apply for a conditional-use permit in Saratoga–that is, as long as the space where the edibles are sold is not more than 25 percent of the facility.
In deciding a definition for a market within the city’s zoning code, the Saratoga City Council strayed from the planning commission’s recommendation as to which establishments constitute a market.
The council voted unanimously at its Jan. 16 meeting to define a market as any establishment “with a floor area dedicated to food and drink that is greater than 25 percent or greater than 2,000 square feet.”
The decision was made after the council first considered the planning commission’s recommendation and decided that it would be too restrictive.
“Part of our effort is to be more inviting to businesses,” said Councilman Manny Cappello. “I think this proposal is too much in one direction.”
Several other members of the council were in agreement, including Howard Miller and Chuck Page, who suggested that the size of the area where edibles are sold within a business should be a factor in the definition.
“I would feel more comfortable giving a size and a percentage so that way we don’t penalize anyone who wants to sell gum or bananas,” Miller said.
After some discussion about what that size should be, the council agreed on a definition that includes any area within an establishment that is larger than 2,000 square feet or is more than 25 percent of the facility. Any retailer whose merchandise falls under that definition will now be required to apply for a conditional use permit.
The council made its decision after nearly three months of deliberation by the planning commission. Its proposed definition was “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 … or a lawfully located mobile canteen or other mobile unit.”
According to the city, tasting rooms are defined as “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.”
According to James Lindsay, Saratoga’s community development director, businesses must abide by specific regulations set by zoning districts. Some are allowed to operate without a conditional use permit, while others are required to receive approval of a permit from the city.
Markets such as Target are an example of an establishment would that require such a permit in all commercial zoning districts, but up until now there was no definition to distinguish a market from a retail store. So in October, council members asked the planning commission to look into the distinction between the two.
The Jan. 16 vote was the council’s first consideration of the ordinance. A second reading will take place in early February.
