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HomeMy WebLinkAboutCity Council Resolution 03-062 - study of overlay zone in CN zone RESOLUTION NO. 03-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA WHEREAS, the City of Saratoga City Council has determined that the Saratoga Zoning Regulations that Expressly Prohibit Drive Through Windows in all commercial zones may be too severe of a restriction in the CN Zone bounded by Lawrence Expressway and Prospect A venue; and WHEREAS, the City Council considered the matter at a duly noticed regular meeting at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the following findings have been determined: . The proposed amendments to the zoning regulations are needed so that this particular area is commercially competitive with the contiguous area with the City of San Jose. . That the proposed amendments will not be detrimental to the public health, safety or welfare, nor be materially injurious to the properties or improvements in the vicinity in that having drive through facilities in this area will not lead to cut through traffic. NOW, THEREFORE, SECTION 1. The City Council of the City of Saratoga hereby finds that: That the is sufficient reason to direct the Planning Commission to study and report back their findings regarding the creation of an Overlay Zone that would allow drive through facilities in the particular area of the City shown on the attached Map labeled Exhibit A. SECTION 2. The City Council hereby directs the Planning Commission to conduct a Public Hearing and report back their findings in an expeditious manner. The above and foregoing resolution was passed and adopted at an a regular meeting of the Saratoga City Council held on October 1, 2003 on the following roll-call vote, to wit: AYES: Councilmembers Stan Bogosian, Kathleen King, Norman Kline Vice mayor Ann Waltonsmith, Mayor Nick Streit NOES: None ABSENT: None ABSTAIN: None 0J~ Nick Streit, Mayor ATTEST: r\ \ç thIeen Boyer, City Cler