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HomeMy WebLinkAbout3E-15 ORDINANCE NO. 3E-15 AN EMERGENCY ORDINANCE OF THE CITY OF SARATOGA REGULATING LAND DEVELOPMENT IN THE UPPER CALABAZAS CREEK WATERSHED WHEREAS, an investigation and study of the geologic conditions and potential geologic hazards has heretofore been made of the Upper Calabazas Creek Watershed, which study is dated January 20, 1980 prepared by William Cotton and Associates, Geologic Consultants, at the request of 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 four major categories of slope stability in this area, and is further broken down into eleven categories of geotechnical para- meters, with professional recommendations relating to the usability and/or non-usability of each such area, and WHEREAS, iX 6~d~ to ~o~ ~ ~blic health, S~ety 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 potential for movement unless and --~until adequate precautionary measures are taken and further professional opinion certifying as to buildability is obtained, and WHEREAS, oh March 7, 1979, Ordinance 38.94 was passed and adopted as an interim measure pending the adoption of permanent regulations, (which are now contained in this ordinance) and which permanent regulations could not be promulgated and definitized until the completion of studies by William Cotton and Associates, which studies and the results thereof have just now been completed, and, WHEREAS, said interim regulations will expire on March 7, 1980, and unless the within measures are adopted as an emergency ordinance there will be a period of time during which no such regulations would be applicable to said areas, which would be extremely dangerous to the public health and safety due to the intensity of proposed development in the area NOW THEREFORE, the City Council of the City of Saratoga does hereby ordain as follows: Section 1: Purpose The purpose of this Ordinance is to safeguard life, limb, property and the public welfare by regulating land development in the Upper C~tabazas Creek Watershed to: 1) protect inhabitants and property against injury and loss resulting from geologic (1) features, their mQvement and related activity; 2) to establish a set of technical ~aps, investigation and reporting parameters which will serve as a consistent basis for reviewing land develop- ment applications within the area;and 3) to establish policy for land uses to be permitted in different geologic settings. Section 2: Reference is hereby made to that certain map comprised of eight map'Sheets and one explanation cover sheet dated January 1980, Plate A and Plates 1 through 8, which map set is entitled "G~ouhd Movement Potential Maps of the Upper Calabazas Creek WatershedS' which map set was prepared by William Cotton and Associates, Geotechnical Consultants, and a copy of which map set is presently on file with the City Cler~of the City of Saratoga: specific reference is further made to all that land shown on that map within the City limits of the City of Saratoga, and the follow- ing regulations shall be applicable to all of said lands, together with such additional lands shown on said maps outside of the City limits,..'~"_ which may hereafter be added to said City through annexations, consolidations or other legal process; reference is further made to the eleven area designations as shown on said map, and being areas Sbr, Sls, Sun, Sex, Pmw, Ps, Pd, Ms, Md, Mrf and Psf which designations graduate from most stable areas to the least stable areas. Section 3: Md and Mrf Area Prohibitions. Section 3.1. No tentative or final site or subdivision 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, dedication as open space. Section 3.2. No building or grading permit shall be issued for the erection or construction or any building or structure, or any foundations therefore, in an Md or Mrf area save and except as follows: (a) Repairs, reconstruction, modifications or additions to existing structures where such does not increase 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, m~ifiea~ion or addition does not require or entail any Section 3.3. Precise location of the boundary of the Md and Mrf areas is subject to adjustment by City on the basis of a geologic and soils report certified by a registered engineering geologist certified by the State of California. Section 4: Sls, Sun, Sex, Pmw, Ps, Pd and Ms Area Prohibitions. Section 4.1. No ~entative or final site or subdivision approval shall be granted, nor shall any building or grading permit be issued for the erection or construction of any new building or structure, or addition to any existing structure nor shall any new building or structure be erected Sun, Sex or constructed in any Sls, Pmw,^Ps, Pd or Ms area unless and until all of the following have been complied with and completed: (a) A site development plan has been prepared andj approved, and a geologic and soils investigation and report has been prepared, in accord with Subdivisions (a) and (b) of Section 3.23 of Ordfnance NS-3 and (b). The geologic and soils report above-referred is finalized, and contains the opinion of a registered engineering geologist certified by the State of Calif- ornia, stating that such proposed site, subdivision, or land development and the proposed structure or struc- tures 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 repre- senting to City that such owner is relying upon the investigation, report and opinion of owner's geologist, and that if the requested site approval, subdivision 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 harm- less 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 potential 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 structure or its foundation, and further setting forth that the owner is knowingly assuming the risk thereof. (3) Section 5: Psf Area Section 5.1. No tentative site or subdivision approval shall be granted, no'~ shall any building or grading permit by issued for construction 6f any new building or structure or modification to an existing structure except for main- tenance until and unless all of the following have been complied with and completed: ".(a) A geologic investigation and report has been prepared and approved by the City Geologist showing the location of faults or those areas where the fault is not located, and (b) Establishment of set-back zones along the identified or suspected fault location within which struc- tures are to be prohibited, as approved by the City Geologist, and has (c) The owner of said property^submitted to and filed with the City Clerk of City a written statement as described in Section 4 hereof. Section 6: This ordinance is adopted as an urgency and emergency ...,~.~easur~~ for the protection of the health, safety and welfare, and shall become effective immediately upon its passage and adoption, and shall super~ed~ Ordinance 38.94 from and after its effective date. The preamble to this ordinance is hereby spec- ifically referred to and incorporated herein by reference, and shall constitute a statement of facts constituiting such urgency Section 7: If any section, subsection, 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 ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this ordinance and each section, subsection, 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. The above and foregoing ordinance was introduced as an urgency and emergency measure and it was thereafter passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 20th day ~F~bruar~1980 by the following vote, (4) which vote constitutes no less than a 4/5ths vote of the entire City Council of the City of Saratoga AYES: Councilmen Kraus, Corr, Matteoni & Callon NOES: None ABSENT:None ATTEST: AkhAJ JJD ~v - - MAy1R~ CITY &LE~'~/ EXHIBITS IN PUBLIC WORKS OFFICE The above and foregoing is a true and correct copy of Ordinsnc? :~E-'~' which has been publi bed acci'.rd;ng to Deputy City Clerk _. Dat~ (5)