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HomeMy WebLinkAbout3E-14.1 ORDINANCE NO. 3E-14.1 AN INTERIM EMERGENCY ORDINANCE OF THE CITY OF SARATOGA REGULATING LAND DEVELOPMENT IN THE CONGRESS SPRINGS SLIDE AREA WHEREAS, an investigation and study of the geologic conditions and potential geologic hazards has heretofore been made of the Congress Springs Study Area, also known as the Bohlman Road Study Area, which study is dated May 31, 1977, prepared by William Cotton and Associates, Geologic Consultants, at the requests of the County of Santa Clara and the Eyergreen Resource Conservation District, and which study includes certain lands within the City of Saratoga, and WHEREAS, such investigation and study, copy of which is on file in the office of the City Clerk of this City, sets forth three major categories of slope stability in this area, and is further broken d~n into eight categorieS. of geotech- nical parameters, with professional recommendations relating to the usabtlity and/or non-usability of each such area, and WHEREAS, in order to protect the public health, safety and welfare it is deemed essential to prohibit building in those areas currently moving and having extreme potential for movement, and to not permit building in those areas which are marginally stable and have either moderate or high poten- tial for movement unless and until adequate precautionary measures a~e taken and further professional opinion certifying as to buildability is obtained, pending the preparation and adoption of permanent regulations governing the zoning, sub- division and building requirements for said area, NOW, THEREFORE, the City Council of the City of Saratoga does hereby ordain as follows: -1- S~ction'l: Reference is hereby made to that certain map dated May 31, 1977, Plate No. 3, which map is entitled "Ground Movement Potential Map", which map was prepared by William Cotton and Associates, Geologic Consultants, and a copy of which map is presently on file with the City Clerk of the City of Saratoga; specific reference is further made to all lands shown on that map within the city limits of the City of Saratoga., which lands shall hereinafter be referred to as the Congress Springs Slide Area; reference isfurther made to the eight area designations' as shown on said map, and being areas Sbr, Sis, Pmw, Ps, Pd, Ms, Md, and Mrf, which designations graduate from the most stable areas to the least stable areas. A portion of said lands located in the Congress Springs Slide Area are zoned R-i-40,000, and a portion are zoned HC-RD. The following set forth regulations and prohi- bitions shall be applicable to all of such areas as shown upon said map as lie within the city limits of the City of Saratoga. Section 2: Md and Mrf Area Prohibitions. Section 2.1. No tentative or final site or subdi- vision approval shall be granted for any property which includes land in an Md or Mrf area unless such inclusion will not result in or permit any street, building or other structure to be located in such area, and the inclusion of such Md or Mrf area is designated as, and offered for, dedi- cation as open space. Section 2.2. No building or grading permit shall be issued for the erection or Construction of any building or structure, or any foundations therefor, in an Md or Mrf area save and except as follows: (a) Repairs, reconstruction, modifications or additions to existing structures where such does not in- crease the floor space under roof by 50% or more of the amount of floor space under roof immediately prior to such expansion, and where such repair, reconstruction, modification or addition does not require or entail any new or additional foundation, or (b) Repair or reconstruction of any residential building destroyed by fire or other calamity to 50% or more of the floor space under roof pri6r to such calamity, but only upon the prior obtaining of a Use Permit therefor in accord with Article 16 of Ordinance NS-3 of the City of Saratoga. S~'~ion 3:- SI~,~ P_m~/Ps, Pd ~nd M~ Area oh~bit~ons. ' .......... Pr Section 3.1. No tentative or final site or subdi- vision approval shall be granted, nor shall any building or grading permit be issued for the erection or construction of any new building or structure, nor shall any new building or structure be erected or constructed in any SlY, Pmw, Ps, Pd or Ms area unless and until ~11 of the following have been complied with and completed: (a) A site development plan has been prepared and approved, and a geologic and soils investigation and report~h~s~been prepared, in accord with Subdivisions (a) and (b) of Section 3.23 of Ordinance NS-3, and -2- (b) The geologic and soils report above-referred is finalized, and cc~tains the opinion of a registered engineering geologist certified by the State of California, stating that such proposed site, subdivision, or land development and the proposed structure or structures will, as designed, be structurally safe, and (c) The owner of'said property submits to and files with the City Clerk of City a written statement representing to City that such owner is relyin upon the investigation, report and opinion of owner~s geolo- gist, and that if the requested site approval, subdi- vision approval, or building, grading or other permit or permits are granted, owner-agrees to and does thereby indemnify and hold City, its officers, agents, employees, -boards, commissions and professional consultants, free and harmless from and against any and all claims, actions, damages, suits or liabilities claimed by owner or any other person or entity by reason of any actual or poten- tial geologic hazard, including, without limitation, land slippage, landslide, earthquake, slope instability, soil or sub-soil instability, or lack of lateral or subjacent support of any kind or nature, including any failure, collapse or damage to any building or struc- ture or its foundation, and further setting forth that the owner is knowingly assuming the risk thereof. Section 4: This ordinance shall be and remain in full force and effect for a period of ~we]Ve - months from date hereof. All the preambles to this ordinance are hereby referred to and incorpora.ted herein--by reference as--findings of-this-Council. To the extent, if at all, that this ordinance may be construed as a zoning regulation, it is declared to be adopted pursuant to Government Code Section 65858 of the State of California. Emergency (~fdinance 3E-14 heretofore adopted on the 16th day of March, 1977 is hereby declared to be superseded and is hereby repealed. Section 5: If any section, subsectlon, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this ordi- nance. The City Council of the City of Saratoga hereby declares that it would have passed this ordinance and each section, sub- secti6n, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be held invalid or unconstitutional. This. ordinance was introduced as an urgency and emergency measure, and it wag thereafter pas~d and adopted at a regular meeting of the City Council of the City of Saratoga held on the 20 day of July , 1977, by the following vote, which vote constitutes no less than a 4/5ths vote of the entire City Council of the City of Saratoga. A~'FEST~ The, a~r}%~ ?.?~ I,~,~e. e~?~j~!~yi.lFl~R. an correc~