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ORDINANCE 227
AN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF
SARATOGA ESTABLISHING A DRIVE THROUGH OVERLAY DISTRICT FOR
THE
COMMERCIAL-NEIGHBORHOOD (CN) AREA BOUNDED BY
LAWRENCE EXPRESSWAY AND PROSPECT AVENUE
THE CITY COUNCIL OF THE CITY OF SARA TOGA DOES ORDAIN AS FOLLOWS:
Section 1. Findings.
The City Council finds and declares as following:
A. The Planning Commission has conducted a public hearing to consider amendments to
the zoning code with respect to allowing drive through businesses in the Commercial-
Neighborhood (CN) area bounded by Lawrence Expressway, Prospect Avenue and the
City Limit Line (as shown on exhibit A) and has adopted a Resolution recommending
the City Council amend the City Code.
B. The adoption of a Drive-Through Overlay District will allow even competition with
contiguous commercial areas within the City of San Jose.
c. This ordinance amends the City Code to provide a Drive-Through Overlay District in a
single Commercial-Neighborhood area of the City that is adjacent to a commercial
district in San Jose, which allows drive through services.
Section 2. Adoption.
Section 15-10.0lD is hereby amended by adding subsection (n.) to read as follows:
"(n) CN Drive-Through Overlay District for the CN Zone Bounded by Lawrence Expressway and
Prospect Avenue. Notwithstanding section 15-19.020(c), uses with drive-through services may
be permitted subject to a use permit requirement in the overlay area shown on the following
map exhibit. A traffic and circulation study shall be prepared for all such applications. Each
application shall be evaluated on its own individual merits. Hours of peak operations shall be
compared to hours of peak traffic in the general area."
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Section 3.
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, sentence, clause and phrase of this ordinance. If any section, sub-
section, paragraph, sub-paragraph, sentence, clause and phrase are 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 4.
Publication.
This ordinance or a comprehensive summary thereof shall be published in a newspaper of
general circulation of the City of Saratoga within fifteen 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 19 day of December, 2003, and was adopted by
the following vote following a second reading on the 7th day of January, 2004:
AYES:
Councilmember Stan Bogosian, Norman Kline, Nick Streit,
Vice Mayor Kathleen King, Mayor Ann Waltonsmith
NOES: None
ABSENT: None
ABSTAIN: None
- CÚ~/
ANN WALTONSMITH, MAYOR
APPROVED AS TO FORM:
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RICHARD TAYLOR, CITY ATTORNEY