HomeMy WebLinkAbout3E-7 ORDINANCE NO. 3E-7
A TEMPORARY INTERIM ZONING ORDINANCE
PROHIBITING THE CONSTRUCTION OF ANY
ACCESSORY STRUCTURE IN REQUIRED REAR
YARDS OF ALL LOTS IN CERTAIN "R-I"
(SINGLE-FAMILY RESIDENTIAL) ZONING
DISTRICTS
WHEREAS, the Planning Department, Planning Commission, and the City Council
of the City of Saratoga are considering and studying and intend to further
conduct studies within a reasonable time, on new zoning regulations for
setbacks concerning accessory structures in the required rear yards of
properties located in certain "R-I" (Single-Family Residential) Zoning
Districts which would be more restrictive than the present regulations
covering the same, and it therefore becomes necessary as a temporary interim
measure to' prohibit the construction of any accessory structure in the required
rear yard of any pr6perty in all "R-I" Zoning Districts, except the "R-I-40,000"
Zoning Districts, which might be in conflict with such prospective permanent
changes,
NOW, THEREFORE, as an interim urgency and emergency measure, pursuant to Govern-
ment Code Section 65806 of the State of California, and to the police?powero6f
this City, the City Council of the City of Saratoga does hereby ordain as follows:
Section 1: No accessory structure except swimming pool~cabanas
or structures required for housing servicing equip-
ment for such pools a~ not exceeding 8-feet in height as defined
in Section 14.8 of the City of Saratoga Zoning Ordinance NS-3, shall
be constructed in the required rear yard of any property in any "R-l"
(Single-Family Residential) Zoning District, except the "R-I-40,000"
Z6nihg District, unless a Variance from the City of Saratoga is
obtained therefor, in accord' with Article 17 of Zoning Ordinance NS-3
of the City of Saratoga.
Section 2: The provisions Of Section 1 shall not be applicable to
any accessory structure for which a valid building per-
mit has been issued prior to the effective date of this emergency
ordinance.
Section 3: This ordinance is hereby declared to ba an urgency and
emergency measure adopted to protect the public health,
safety and welfare, and shall be effective immediately upon its
passage. All of the preambles to this ordinance are hereby referred
to and incorporated into this section by reference, and shall constitute
a statement of the facts constituting such urgency.
Section 4: This ordinance shall remain in full force and effect for
a period of ninety (90) days from the date of its passage,
or until the sooner adoption of permanent amendments to Ordinance NS-3
concerning regulations governing construction of accessory structures
in an "R-l" (Single-Family Residential) Zoning District, which permanent
ordinance shall, however, in order to terminate the effect of this urgency
ordinance, specifically refer to the same as being superseded and
repealed therby.
-1-
Section 5: 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 remain-
ing portions of this ordinance. The City Council of the
City of Saratoga hereby declares that it would have passed
this ordinance andeach section, subsection, sentence, clause
and phrase thereof, irrespective of the fact that any one or
more section, subsections, sentences, clauses or phrases be
held invalid or unconstitutional.
This ordinance was regularly 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 21st day of May, ,
1969, by the following vote, which vote constitutes no less than a two-thirds
vote of the entire City Council of the City of Saratoga:
AYES: Councilmen Tyler, Dwyer, Robbins~ Smith
NOES: None
ABSENT:N°ne
ABSTAINED: Councilman Sanders
ATTEST:
The above and fore~o}nO is ~ ~.,,~. and
copy of Ordinai~cs ~ which has
published according to law.
~ Deputy City Clerk ~