HomeMy WebLinkAbout3E-25 ORDINANCE NO. 3E-25 .....
AN ORDINANCE OF THE CITY OF SARATOGA EXTENDING THE
PROHIBITION OF THE INITIATION OF OPERATION
OF ANY BUSINESS OR BUSINESS ACTIVITY BETWEEN THE HOURS OF
1:00 A.M. AND 6:00 A.M. WITHIN ALL PROFESSIONAL
AND ADMINISTRATIVE OFFICE, AND COMMERCIAL ZONING
DISTRICTS AND DIRECTING OTHER OFFICIAL ACTIONS PURSUANT
THERETO AND DECLARING THIS ORDINANCE TO BE AN URGENCY
MEASURE FOR THE PRESERVATION OF THE
PUBLIC HEALTH, SAFETY AND WELFARE
Whereas, on February 17, 1993, the City Council of the City
of Saratoga, pursuant to Government Code S 65858 adopted as an
urgency measure an interim ordinance prohibiting the operation of
any business or business activity between the hours of 1:00 A.M.
and 6:00 A.M. within Commercial and Professional/Administrative
Office zoning districts (Ordinance No. 3E-24); and
Whereas, pursuant to Section 65858, Ordinance N~. 3E-24
shall be of no further force and effect 45 days from its date of
adoption; and
Whereas, after notice duly given pursuant to Government Code
S 65090 the City Council held a public hearing on March 17, 1993,
to consider extending the interim ordinance for 10 months and 15
days; and
Whereas, it is the desire of the City Council that the
interim ordinance be extended for an additional 10 months and 15
days;
Now, Therefore, the City Council of the City of Saratoga
hereby ORDAINS as follows;
Section 1. The Initiation of any business or business
activity not otherwise subject to discretionary review between
the hours of 1:00 a.m. and 6:00 a.m. within any professional and
administrative office, and commercial zoning district is hereby
prohibited for a period of 10 months and 15 days and no officer
or employee of the City shall issue any permit, license or
authority including any ministerial approval for such business or
business activity. The provisions of this section shall
automatically terminate 10 months and fifteen days from the date
of adoption, and upon such termination the provisions of the
Zoning Code, unless otherwise amended, shall be in full force and
effect with respect to such business or business activity.
Section 2. This ordinance is hereby declared to be an
urgency ordinance and shall take effect immediately in order to
1
preserve the public health, safety and welfare. The City Council
hereby finds and declares that:
(a) Currently the City of Saratoga Zoning Code does not
restrict hours of operation for businesses operating within any
professional and administrative office, and commercial zoning
district in the City.
(b) Current provisions of the Zoning Code, with certain
exceptions, do not provide for automatic discretionary review of
the proposed operation of businesses or business activities
between the hours of 1:00 a.m. and 6:00 a.m. within such
districts to determine the appropriateness of the activity for
the particular location by evaluating its impacts, including, but
not limited to, the impacts of noise, light/glare, traffic and
parking which may result from the proposed activity.
(c) Except in those cases where the particular type of
business activity requires automatic discretionary review,
businesses proposing operation between the hours of 1:00 a.m. and
6:00 a.m. may currently commence operation without further review
by the City Council or Planning Commission.
(d) The City Council has recently received several
complaints concerning the operation of existing and proposed
businesses between the hours of 1:00 a.m. and 6:00 a.m.
(e) These complaints concern the impacts of noise,
light/glare, traffic and parking resulting from these businesses
upon adjacent and surrounding residential neighborhoods.
(f) Virtually all professional and administrative office,
and commercial zoning districts where such business activities
are currently authorized are within close proximity to existing
residential neighborhoods.
(g) The proliferation of businesses or business activities
between the hours of 1:00 a.m. and 6:00 a.m. in close proximity
to existing residential neighborhoods without review of the
effect and appropriateness of such activities on said
neighborhoods will endanger the public health, safety and welfare
of the citizens of the Saratoga by potentially increasing the
traffic and parking impacts on said neighborhoods, by potentially
creating noise and light/glare impacts during all hours of the
night and by potentially disturbing the quiet and repose of the
residents in said neighborhoods.
Section 3. This ordinance shall remain in effect until the
expiration of 10 months and 15 days from the date of its adoption
or until the effective date of an ordinance establishing
regulations for the operation of any such business or business
activity during said hours, whichever first occurs.
2
Section 4. The title of this ordinance shall be published
once and the City Clerk shall post a complete copy thereof on the
Civic Center bulletin board for five (5) days following its
adoption. This ordinance shall be in full force and effect
immediately upon its adoption.
The above and foregoing ordinance was regularly introduced,
passed and adopted at a regular meeting of the City Council of
the City of Saratoga held on the 17th day of March ,
1993, by the following vote:
AYES: Councilmembers Burger, Kohler, Monia, Tucker and Mayor Anderson
None
NOES:
ABSENT :None
ABSTAIN: None
M '
ATTEST:
Deputy Ci%y
March 3, 1993
mnrs\273\ord\bushours.msr