HomeMy WebLinkAbout3E-5· .- ORDINANCE NO. 3E- 5
A TEMPORARY INTERIM ZONING ORDINANCE
PROHIBITING THE USE OF GASOLINE SERVIGE
STATIONS IN COMMERCIAL ZONES WITHOUT
THE OBTAINING OF A USE PERMIT.
WHEREAS, the Department'of Planning of the City of
Saratoga is, in good faith, presently conducting, and~
intends to further conduct studies within a reasonable time,
and the Planning Commission, in good faith, intends to
conduct studies within a reasonable time, fo~ the purpose ~
of holding hearings on and maRing recommendations to the
City Council on new zoning regulations and restrictions
in C-C and C-N zones relating to gasoline service stations,
which would be more restrictive than the present regulations
covering the same, and it therefore becbmes necessary as a
temporary interim measure to prohibit the use of any
· properties in a C-C or C-N zone which might be in conflict
with such prospective permanent changes,
NOW, THEREFORE, as an interim urgency and emergency
measure, pursuant to Government Code Section 65~O6 of the
State of California, and to the police power Of this city,
the City Council of the City of Saratoga does hereby ordain
as follows:
Section 1: . No new use or occupation shall be
made of an~ of the lands in aC-N
or C-C commercial district for the use of a
gasoline service station unless a use permit
from the City of Saratoga is obtained therefor
in adcord with Articlel6 of Ordinance NS-3 of
the City of Saratoga.
Section 2: The provisions of Section 1 shall hot
be applicable to any gasoline service
station use for which a valid building permit-has
regularly been issued prior to the·effective date
of this emergency ordinance.
Section 3: This ordinance is hereby declared to
be an urgency and emergency measure
adopted to protect the public health, safety and
welfare, and shall beeffective immediately upon
its passage. All of the preambles to this
ordinance are hereby referred to and incorporated
into this section by reference, and shall consti-
tute a statement of the facts constituting Such
urgency.
Section.4:This ordinance shall remain in full
force and effect for a period of one (1)
year from the date of its passage, or until the
- Ordinance NS-3 concerning regulations governing
of gasoline service station in a C-N
~..C~~ ~ the use a
!/i~and C-C zoning district, which permanent ordinance
~' shall, in order to terminate the effect
~" '~ ! however,
~)'~ of this urgency ordinance, specifically refer to
~ ~.~. the same as being superseded and repealed thereby.
""' Section 5: If any section, subsection, sentence,
clause or phrase of this ordinance is
for any reason held by a court of competent jurisdic-
tion to be invalid, such decision shall not affect
the validity of the remaining portions of this
ordinance. The City Council of the City of Saratoga
hereby declares that it would have passed this ordi-
nance and each section, subsecti0n, sentence, clause ~-~
and phrase thereof, irrespective of the fact that
any one or more section, subsections, sentences,
clauses or phrases be held invalid or unconstitutional.
This ordinance was regularly introduced as an urgency
and emergencymeasure and was passed and adopted at a regular
meeting of the City Council of the City of Saratoga held
on the 15th day of JanUary ', 1964, by the following
.vote, which vote constitutes no less than a two-thirds vote
,
of the entire City Council of the City of Saratoga:
AYES: counc~lm;h Drake, Brazil, Hartman, Tyler"
NOES: Nene
ABSENT: Councilman Glennon /s/ Richard V. Drake
MAYOR Pro Tem
ATTEST:
The abcve and foregoing is a true P, nd coffect
/s/ William C. Hanley COpy Of Ordinance~ y~ , which tlas bect~
C~TYZ~ ptrb!iq~e:J accor~n~ to law.
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