HomeMy WebLinkAbout3E-24 ORDINANCE NO. ~i~'~ 3E-24
AN ORDINANCE OF THE CITY OF SARATOGA PROHIBITING THE
~ .,~I~TIATIC~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
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 forty-five (45) 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 forty-five (45) 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
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 part'icular 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
1
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. 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,
the City of Saratoga held on the 17 a r ,
1993, by the following vote:
AYES: Councilmembers Burger, Kohler, Monia, Tucker and Mayor Anderson
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
"Deputy City C~rk
February 9, 1993
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