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HomeMy WebLinkAboutOrdinance 227 ORDINANCE 227 AN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF SARATOGA ESTABLISHING A DRIVE THROUGH OVERLAY DISTRICT FOR THE COMMERCIAL-NEIGHBORHOOD (CN) AREA BOUNDED BY LAWRENCE EXPRESSWAY AND PROSPECT AVENUE THE CITY COUNCIL OF THE CITY OF SARA TOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declares as following: A. The Planning Commission has conducted a public hearing to consider amendments to the zoning code with respect to allowing drive through businesses in the Commercial- Neighborhood (CN) area bounded by Lawrence Expressway, Prospect Avenue and the City Limit Line (as shown on exhibit A) and has adopted a Resolution recommending the City Council amend the City Code. B. The adoption of a Drive-Through Overlay District will allow even competition with contiguous commercial areas within the City of San Jose. c. This ordinance amends the City Code to provide a Drive-Through Overlay District in a single Commercial-Neighborhood area of the City that is adjacent to a commercial district in San Jose, which allows drive through services. Section 2. Adoption. Section 15-10.0lD is hereby amended by adding subsection (n.) to read as follows: "(n) CN Drive-Through Overlay District for the CN Zone Bounded by Lawrence Expressway and Prospect Avenue. Notwithstanding section 15-19.020(c), uses with drive-through services may be permitted subject to a use permit requirement in the overlay area shown on the following map exhibit. A traffic and circulation study shall be prepared for all such applications. Each application shall be evaluated on its own individual merits. Hours of peak operations shall be compared to hours of peak traffic in the general area." Lawrence Expressw y Prospect Roa City Limits L:J1 ~ N W*E s 500ft q r:JrtS./\ E;sJ Dive-1l1ru<NerlayZooo 0-- $lreeLNarT13S /..../ hydro Section 3. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, sentence, clause and phrase of this ordinance. If any section, sub- section, paragraph, sub-paragraph, sentence, clause and phrase are held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 4. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 19 day of December, 2003, and was adopted by the following vote following a second reading on the 7th day of January, 2004: AYES: Councilmember Stan Bogosian, Norman Kline, Nick Streit, Vice Mayor Kathleen King, Mayor Ann Waltonsmith NOES: None ABSENT: None ABSTAIN: None - CÚ~/ ANN WALTONSMITH, MAYOR APPROVED AS TO FORM: ------- - ---- - RICHARD TAYLOR, CITY ATTORNEY