HomeMy WebLinkAbout3E-26 ORDIN~ICE 3E -26
AN INTERIM URGENCY ORDINANCE OF THE CiTY OF SARATOGA TEMPOI~RILY
RESTRICTING THE ACCEPTANCE OR PROCESSING OF APPLICATIONS FOR
CELLULAR TELEPHONE FACILITIES AT SITES IN THE CITY DURING A
CONTEMPI~TED STUDY OF CELLULAR TELEPHONE FACILITY SITES PURSUi~FT
TO CALIFORNIA GOVERNNENT CODE § 65858
The City Council of the City of Saratoga does hereby ORDAIN
as follows:
section 1. Pursuant to the provisions of California
Government Code § 65858, the City Council does hereby adopt this
interim urgency ordinance temporarily restricting acceptance or
processing of applications for cellular telephone facilities at
sites, in the City, during a contemplated study of cellular
telephone facility sites, and any necessary or attendant zoning
amendments proposed in connection therewith.
Section 2. Notwithstanding any other ordinances or
regulations of the City of Saratoga to the contrary, no use
permits, building permits, grading permits, or other ministerial
or discretionary entitlement for the aforementioned use, shall be
approved or granted while this ordinance remains in effect.
Section 3. This ordinance is an urgency ordinance enacted
for the preservation of the public health, safety or welfare, and
shall therefore go into effect immediately upon its adoption.
The basis and justification constituting the urgency for the
adoption of this ordinance is as follows:
Section 65858 of the California Government Code
provides for the adoption of urgency ordinances prohibiting any
uses which may conflict or be inimical with a contemplated
general plan or zoning proposal or study to be undertaken by a
local governmental agency within a reasonable time.
The City intends to forthwith commence a comprehensive
review of the provisions contained in its Zoning Ordinance
relating to cellular telephone facility sites, including but not
limited to a review of appropriateness of siting such facilities
in various zoning districts, an inventory of properties where
such facilities would likely be requested for siting, and a study
of the on-site location, aesthetics and sharing of sites.
The Council does hereby find that by reason of the
matters set forth hereinabove, there exists a present and
immediate threat to the public health, safety and welfare unless
development of cellular telephone facility sites within the City
of Saratoga is temporarily restricted during the conduct of such
studies and the contem-plated revision of certain Zoning
Ordinance provisions during and subsequent to the conduct of such
studies. The Council further finds that the approval of use
permits, variances, grading and building permits, and other
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mini ial or discretionary ent ements for such faciliti
within the City at this time would result in a threat to the
public health, safety or welfare in that such development may
well conflict with provisions of proposed amendments to the
zoning ordinances which may be enacted as a result of studies
referred to herein.
Section 4. This interim ordinance shall by operation of law
be of no further force and effect forty-five (45) days from and
after the date of its adoption; provided, however, that after
notice and public hearing the Council may by a four-fifths (4/5)
vote extend this interim ordinance for a total period of time not
to exceed 10 months and 15 days.
8cotion 5. If any section, subsection, sentence, clause or
phrase of this ordinance is for any reason held to be invalid,
such decision shall not affect the validity of the remaining
portions of this ordinance.~ The Council hereby declares that it
would have adopted the ordinance and each section, subsection,
sentence, clause or phrase thereof, irrespective of the fact that
any one or more sections, subsections, sentences, clauses, or
phrases be declared invalid.
Section 6. This ordinance is hereby declared to be an
urgency measure and shall be in force and effect immediately upon
its adoption.
*****
The above and foregoing ordinance was passed and adopted at
a regular meeting of the City Council of the City of Saratoga
held on the 3rd day of Januar7 , 1996, by the
following vote:
AYES: Councilmembers Burger, Moran, Tucker, Wolfe and Mayor Jacobs
NOES: None
ABSENT: None ~~/~
MAYOR
ATTEST:
City
MSR: dsp
December 27, 1995
O: \CORY\CELLTELL
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