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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. 2 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 J:\wpdXmnrswX273Xord96xcellular. urg 3