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HomeMy WebLinkAbout02-17-1993 CITY COUNCIL AGENDASARATOGcA� CITY COUNCIL / EXECUTIVE SUMMARY NO. � f AGENDA ITEM h8 MEETING DATE: February 17, 1993 CITY MGR. 0, E ORIGINATING DEPT. Planning � SUBJECT: Moratorium on establishment of new business hours (1:00 a.m. - 6:00 a.m.) Recommended Motion(s): Adopt an Urgency Ordinance imposing a 45 -day moratorium on the establishment of any new business in the P -A and C Zoning Districts which provides direct customer service between the hours of 1:00 a.m. to 6:00 a.m. Report Summary: On February 3, 1993, the City Council directed staff to prepare an ordinance for consideration at public hearings which would require a Conditional Use Permit for businesses that provide customer service between the hours of 1:00 a.m. to 6:00 a.m. This direction followed extensive Council discussion regarding potential impacts to residential neighborhoods from businesses that operate throughout the night. Section 65858 of the Government Code allows the City Council to adopt a moratorium preventing new businesses from being established during the public hearing process, that may otherwise be in conflict with the ordinance under consideration. The moratorium can be approved for a 45 -day period as an Urgency Ordinance. The moratorium may be extended, if necessary, after consideration at a duly noticed public hearing. Fiscal Impacts• None Follow Up Actions: Planning Commission public hearing February 24, 1993; City Council public hearing March 17, 1993. Consequences of Not Acting on the Recommended Motions: An all -night business could be established during the public hearing process which. would be inconsistent with the hours of operation ordinance being considered by the Planning Commission and City Council. Attachments: Ordinance establishing moratorium ORDINANCE NO. 71 - AN ORDINANCE OF THE CITY OF SARATOGA PROHIBITING THE COMMENCEMENT 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 commencement of any business or business activity not otherwise subject to discretionary review between the hours of 1:o0 a.m. and 5 :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 previsions 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 operatinn 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 :OQ 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:o0 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. 2 The above and foregoing ordinance was regularly introduced, passed and adopted at a regular meeting of the City Coun;.il of the City of Saratoga held on the day of 1993, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: : Deputy City Clark February 9, 1993 mnrs \373 \ord \buzhours.msr 3 Mayor