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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