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HomeMy WebLinkAbout3E-8 ORDINANCE 3E-8 A TEMPORARY INTERIM ZONING ORDINANCE PROHIBITING CERTAIN USES OF CERTAIN LANDS, AND APPLYING CERTAIN ZONING REGULATIONS TO CERTAIN LANDS, IN THE CITY OF SARATOGA, AND WITHIN THAT PORTION OF SAID CITY KN~qN AS THE MONTE BELLO RIDGE AREA, PLANNING THE URGENCY THEREOF, AND TO TAKE EFFECT IM14EDIATELY WHEREAS, the Planning Policy Con~nittee of Santa Clara county (hereinafter referred to as PPC), on the 16th day of December, 1971, passed and adopted its Resolution No. 11, under and by virtue of which it has urged this City and the adjoining cities of Cupertino, Los Altos, Los Altos Hills and Palo Alto, and Santa Clara County, to adopt certain emergency regulations to prevent premature development from occurring in that area common to said cities known as the Monte Bello Ridge Mountain Study Area, and said PPC is undertaking a comprehensive planning study to the end of producing a conservation/development plan for said · entire area, and portions of said overall study area include regions subject to the risk of fire, landslide, and other hazards unless properly ~lanned and developed, and WHEREAS~ a portion of the western section of the City of Saratoga, said portion hereinafter more particularly delineated and described on Exhibit "A" attached hereto and incorporated herein by reference, lies within said Monte Bel!o Ridge Mountain Study area, and '- WHEREAS, th~ Department of Planning, the Planning Commission, the City Council of this City are considering and studying and intend to further conduct studies within a reasonable time, concerning new permanent regulations of said mountainous portion of said city that lies within said Monte Bello Ridge Mountain Study area, which may be more restrictive than the present regulations. covering the same, and it therefore becomes necessary as a temporary interim measure to prohibit uses which may be in conflict with such contemplated zoning proposals, and WHEREAS, all of said area shown and delineated as outlined in red', excluding those areas marked in blue crosshatch and designated with a blue letter "N', on Exhibit "~' is already presently zoned in an R-1-40,000 zoning district, which to a substantial degree already provides for controls as recommended by said PPC, so that substantial additional interim regulations do not appear necessary, but .the hereinafter set forth additional regulations do appear necessary as interim regulations· NOW, TREHEFOHE, as an interim urgency and emergency measure, pursuant to Government Code Section 65858 The State of California, and [o the police power of this City, in order to protect the public safety, health and welfare, the City Council of the City of Saratoga does hereby ordain as follows: Section 1: The following regulations heroinafter set forth in this Ordinance shall be applicable to all the lands shown and delineated as outlined in red, excluding those areas marked in blue crosshatch and designated with a blue letter "~', on Exhibit "A" attached hereto and in- corporated heroin by reference. Exceptas otherwise specifically set forth in this Ordinance, all of the regulations for R-1-40,000 residential zoning districts shall continue to be applicabl~ to said property. Section 2: The minimum site area for each building site shall be five acres, except as may be permitted by Section 3 hereof. Section 3: In addition to the conditional uses permitted under and by virtue of Section 3.3 of Ordinance NS-3, the following additional conditional use may be permitted upon the securing of a use permit therefore in accord with Article 16 of said ordinance NS-3: One Family dwellings and related accessory structures upon parcels having a site area of less than five acres each, but'no less than 40,000 square feet of site area per lot. Section 4: In addition to the provisions governing the securing of use permits more particularly set forth in Article 16 of Ordinance NS-3, upon all applications for a Use Permit for any of the uses set forth in Section 3.3 of Ordinance NS-3 or as hereinabove set forth in Section 3 of this ordinance, the same shall be referred to the PPC, via the Hillside Subcommittee of the same, for a report and recommendations to be submitted to the Planning Commission prio~ to action on such application for Use Permit. In the event that such a report is not r~ceived from the PPC within 45 days from date of said submission, the Planning Commission shall act upon said application without the submission of any such report. Reports and recommendation from PPC to the Planning Commission shall be advisory only, and shall not be binding upon the Planning Cormnission. The provisions of Section 16.9 and 16.14 of Ordinance NS-3 shall not be applicable to any Use Permit which may be granted to permit one family dwellings on site areas of less than five acres in accord with Sectipn 3 hereinabove set forth. Section 4: The prohibition of Section 2 hereinabove set forth shall not be applicable to any lot, site, or parcel which is shown on a duly approved tentative subdivision map for which a final subdivision map is recorded prior to the e~piration of the applicable time limits for suc['~pp~ov~l, or for which tentative Building Site Approval has been obtained and for which final site approval has been secured within the applicable time limits from the date of such tentative approval, or for which a deed or valid contract of sale was of record prior to the effective date of this ordinance and which had a legal site area at the time that the tentative map was approved, or the deed or contract of sale was recorded, and in the case of final subdivision map or site approval, if the ~ame has not expired. Section 5: This ordinance is hereby declared to be an urgency and emergency measure adopted to protect the publfc safe~y, health and welfare,' and shall be effective immediately upon its p~ssage. All of the preambles to this ordinance are hereby referred to and ipcOrporated into this section by reference, and shall constitute a statement of the facts cohstituting such urgency. This ordinance shall remain in full force and effect for a period of ninety (90) days from the period of adoption, or until the sooner adoption of permanent. amendments to Ordinance NS-3 concerning the regulations governing or the classification of properties' in the area more parti&ularly shown and delineated on Exhibit "A". Section 6: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court ofcompetept 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 passe~ 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. - 2 - This ordinance was introduced as a urgency and emergency measure, and was hereafter passed and adopted at the regular meeting of the City Council. of the City of Saratoga on 15 day of Marqh, 1972, by the following vote~ which vote constitutes no less than a four fifths vote of the entire City Council of the City of Saratoga: AYES: 'Councilmen Robbins, Smith, Kraus, Bridges NOES: NOne ABSENT: Councilman Dwyer ~~ I ~ Charles H. Robbins MAYOR The abo-ve and.foreg~i~ ,~a true and correct copy ol Gidinsnce =-' which has been published according to law. ~.~ ~. _? ...... Y Date .