HomeMy WebLinkAbout3E-4 ORDINANCE NO. 3E-~
A TEI~ORARY INTERIM ZONING ORDINANCE PROHIBITING CERTAIN USES OF CERTAI~ ~DS ~I~I~ ~E CITY OF
~E~S, ~he ~par~n~ of Plannin~ of ~he City o~ Saratoga is, in Sood faith,
presently conduc~ing~ and intends ~o further cond~c~ s~udies ~i~h~n a reasonable ·
~im, and ~he Pla~in~ Co~ission ~n ~ood faith intends ~o c~duc~ s~udtes ~i~hin~
a reasonable ~i~ for ~he p~ose of ho~diuS hearings on and ~iu~ rec~enda~iOus
~o ~he City Council on, ne~ zoning reSula~ions and classifications for ~hose parc~s
o~ real proper~ more particularly sho~ as ~he cross-~a~ched sections on the sec-
~i~al dis~rtc~ ~ps collec~ivel~ a~ached here~ as Exhibit 'A' ~ereo~ and
iucorpora~ed herein by reference, ~hich cross-hatched sections o~ rea~ proper~y
sba~l hereinaf~er be r~ferred ~o as ~he ~ubJec~ proper~ies, and
~EAS, ~he ~resen~ exts~in~ u~e of ~he su~Je~ p~Oper~ies is pri~rily
~ri~ul~ura~ or private park usage, and ~his Council is ~Uf~ed and believes ~ha~
certain persons, fi~s a~d cor~ora~i~n~ are cont~mpiatiu~ uses in such undeveloped
lands ~hich ~ould be in conflic~ x.~i~h such proposed ~endmen~s ~o ~he zoniu8
ordinanc~, and ~ha~ such persons, fi~ and corporations ~y unreasonably and
unnecesssri~y incur unwarranted eu~lneerin~ and o~her pre-developmen~ expenses
~icipa~or~ ~o ~he dsvelop~n~ of ~uch properties on ~he supposition ~ha~
exis~i~ zonin~ of said proper~ies is intended ~o remain in
and
~S, i~ ~herefore beco~s necessary as a ~emporary in~erim~asure
prohibi~ any use of ~he subJec~ properties ~hich may be in con~c~
pe~uen~ chanSess and
~E~AS, ~his CounCil ~as de~ermined ~hs~ ~he hereinaf~er seC forth p~obibi-
~tous ~i1~ no~ a~fec~ ~he use of said subjec~ proper~ies as ~hey are uo~ p~seut~y
betuS used,
~q, ~E~FO~, as an interim urgency ~d emergency masure, pursuan~
Gove~eu~ Code Section ~80~ of ~he S~ate of Califonia,. and ~o the police po~er
of ~his City, ~he Ci~ Council of ~he Cl~ of Saratoga does hereby ordain as foll~s:
Section 1: No ne~ use nor ne~ occupation shall ~ ~de of an~ of ~e
subJec~ properties in ~he future, save and excep~ as foll~s:
~ose uses perished in an A (a~ricu~ural) Dis~ric~ ~der ~he provisions
o~ subdivisions (a), (b), ~d), (e), (f) and (g) o~ Section 2.2 o~ ~dinance
~S-3 of ~he City of Saratoga; ~d, if a use pe~i~ is ~ran~ed ~r~
~tiele l~ of said Ordinance ~S-~ ~ ~hoee condi~ional uses perished
~nder all su~lvisi~s o~ Section 2.3 o~ said Ord~uce NS-3.
Eection 2: No building, structure or other permanent improvement shall here~
after be placeds erected or constructed c~ any of the subject
properties except such butldingss structures or improvements as are incidental
and accessory to an existing use of the subject propertiess or incidental oT
accessory to the permitted uses enumerated in Section 1 above.
~Section. 3: .Wh@rever a use or a structure is otherwise permitted under Sections
I or 2 above, the same ~hall be subject to the provisions and
exceptions of Sections 2.4 through 2.13 Of Ordinance NS-3 of the City of
Saratoga.
.~ection 4: No tentative subdivision map nor tentsire site approval shall b~
approved for any of the subject properties~ nor shall any buildlng
permit be issued for a building or structure to be erected thereon, for any
use or structure except a~ otherwise allowed under Sections I and 2 of this
ordinance.
~ection 5: All of the above provisions are herebymade.subject to Article
of Ordinance NS~3 relating to the Eranting or denyin~ of variances.
Section 6: This ordinance is hereby declared to be an urEency and emergenc'y
..... measure adoptsa to protect the public safety~ health and ~elfare
and shall be effective i~nediately upon its ~as~age~ All of the preamble ~o
this ordinance are hereby re£erred to and incorporated into this section b~
reference· ~nd shall constitute a statement of the facts constituting such!
urgency.
Section .7: This ordinance shall remain in full force and effect for a period
of one (1) year from the date of its passages or until the sooner
adoption of permanent amendments to Ordinance NS-3 concernin~ the regulatt6ns
governing or the classification of the subject properties~ ~hich permanent
ordinance shalls howevers in order to terminate the effect of this urgency
ordinances specifically refer to the same as being superseded and repealed.
thereby as to the parcel of the subject properties in question.
Section 8: If any section~ subsections sentences clause or phrase of this
ordinance is for any reason held by a Court of competent JurisT
diction to be invalids such decision shall not affect the validity of the:
remaining portions of this ordinance. The City Councll of the City of Saratoga
hereby declares that it ~ould have passed this ordinance and each sections.
subsections sentence, ~luase and phrase thereofs irrespective of the fact that
any one or more sectionss subaectionss seutencess clauses or phrases be held
invalid or unconstitutional.
This ordinance was introduced as an.urgency and emergency measure and was
passed and adopted at a regular meeting of the City Council of the City of Saratoga
held on the 17th day of July... · 1963s by the following vote· which vote
constitutes no less than at~o-thirds vote of the entire City Council of the C~ty
of Saratoga:
AYES: Glennons Brazils Hartmans Ri~chie
NOES: None
ABSENT: Drhke
/s/ l~illiam E. Glennon
MAYOR
ATTE ST:
The above and forcooing is a true and correct
/s/ l~illiam C, Henley copy of O~djnance 3_.~_~_ ,-/ which has been
.. ,. Published according to la'W. ~
CLERI{ ....
CITY -
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