HomeMy WebLinkAbout3E-27 ORDINANCE NO. 3R-27
AN ORDNANCE OF THE CITY OF SARATOGA EXTENDING THE
TEMPORARY RESTRICTION OF THE ACCEPTANCE FOR PROCESSING
OF APPLICATIONS FOR CELLULAR TELEPHONE FACILITIES AT SITES
IN THE CITY DURING A CONTEMPLATED STUDY OF CELLULAR
TELEPHONE FACILITY SITES; 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 January 3, 1996, the City Council of the City of Saratoga,
pursuant to Govemment Code Section 65858 adopted as an urgency measure an
interim ordinance temporarily restricting the acceptance for processing of applications
for cellular telephone facilities at sites in the City during a contemplated study of
cellular telephone sites. (Ordinance No. 3E-26); and
WHEREAS, pursuant to SectiOn 65858 Ordinance No. 3E-26 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 Section
65090, the City Council held a public hearing on February 7, 1996, to consider
extending the interim ordinance for ten months and fifteen 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 I. The initiation or installation of any cellular telephone facilities
within the City 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 authority for such activity. The provisions of this section shall
automatically terminate 10 months and 15 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 facilities. This section shall not apply
to cellular telephone facilities previously approved by the City and for which a
building permit has been obtained.
Section 2. This ordinance is hereby declared to be an urgency ordinance and
shall take effect immediately in order to preserve the public health, safety and
welfare. The City Council hereby finds and declare that:
(a) Current provisions of the Zoning Code with certain exceptions, do not
provide for automatic discretionary revie~v of the proposed installation or initiation of
cellular telephone facilities within commercial or professional and administrative
office districts to determine the appropriateness of the facilities for the particular
location, by evaluating its impacts, including, but not limited to, the visual impacts
which may result from the proposed facility.
(b) Except in those cases where this particular type of facility requires
automatic discretionary review, such facility may currently commence operation
without the review by the City Council or Planning Commission.
(c) The City Council has recently received several inquiries requesting
authorization for the installation and operation of such facilities.
(d) Virtually all professional and administrative office and commercial
zoning districts where such facilities are currently authorized are within dose
proximity to existing residential neighborhoods.
(e) The proliferation of such facilities in dose proximity to existing
residential neighborhoods without review of the effect and appropriateness of such
activities on Said neighborhoods could endanger the public health, safety and welfare
of the citizens of Saratoga by potentially increasing the visual impacts on 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 facility, whichever
first occurs.
Section 4. The title of this ordinance shall be published once and the City
Cleric 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.
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The above and foregoing ordinance was regularly introduced, passed and
ado ted at a regular meeting of the City C0undl of the City of Saratoga held on the
?,'? day of j~_,~, 1996, by the following vote:
AYES: Councilmembers Burger, Moran, Tucker, Wolfe and Mayor Jacobs
NOES: None
ABSENT: None
MAYOR
ATTEST:
City Clerk
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