HomeMy WebLinkAbout3E-9 A TB2dPORARY INTERIM ZONING ORDINANCE PROHIBITING
CERTAIN USES OF CERTAIN LANDS, AND APpLYING CERTAIN
ZONING REGULATIONS TO CERTAIN LANDS, IN.THE CITY
OF SARATOGA, WITHINTHAT PORTION OF SAID CITY o__
B
KNOWN AS TH~ ~)ROAD~NORTON ROAD AREA, iF.~,~'I~DING,~,
THE URGENCY T~EP~OF, .AND TO TAKE EFFECT I~D~ATELY.
WHEREAS, the Department of Planning, the 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, concerning new regulations of that
· mountainous portion of the City,c~r~only known as the~-~ima~
Road-Norton Road area, which may be more restrictive than
the present regulations concerning the same, and
WHEREAS, said area is extremely steep, has a poor
road system, inadequate domestic water supply, and,is not
serviced by a sanitary sewer system, and by virtue of such
steepnessof terrain, inadequate vehicular access system,
and inadequate water supply, is an area subject to great
fire hazard, and the Saratoga Fire District has heretofore
recommended the establishment of a moratorium and/or a slowing
down of development in said area until adequate and effective
fire protection and related facilities therefor have been
provided; and the steephess of the terrain and lack of
sanitary sewage creates a potential health hazard in said
area:9 upon its development in accord with present 'zoning
site area standards, and
WHEREAS, by reason of+the foregoing, and in order to
provide additional time to study and recommend permanent
regulations relating to the proper and safe development in
said area,
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NOW, THEREFORE, AS AN INTERi~ URGENCY AND EMERGENCY
MEASURE, pursuant to Government Code Section 65858 of the
State of California, and'the police power of this City, in
order to protect the public health, safety and welfare,
the City Councilof the City of Saratoga does hereby ordain
as follows:
Section 1: The following regulations hereinafter set
- forth in this Ordinance shall be applicable
to all the lands Shown and delineated as the crosshatch area
on Exhibit "A" attached hereto and incorporated herein by
reference. ,Except as otherwise specifically set forth in
this Ordinance, all of the regulations for R-i-40,000 residential
zoning districtr] shall continue to be applicable 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 ~ddition 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 therefor in
accord with Article 16 of said.Ordinance NS-3:
One Family dwellings and related aCcesSOry struc-
tures upon parcels having a site area oilless
than five acres each, but no less than 40,000
square feet of site area per lot.
Section 4: The prohibition of Section 2 hereinabove
set forth shall not be applicable to any
lot, site, or par&el which is shown on a duly approved tenta-
tive subdivision map for which a final. subdivision map is
recorded prior to the expiration.of the applicable time limits
for such approval, or for which tenative 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 f0~ 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 m~p was approved, or the deed or contract of
sale was recorded, and in the case of final subdivision map
or site approval, if the same has not expired.
Section 5: This Ordinance is hereby declared ~o ~be an
urgency and emergency measure adopted to
protect the publi& safety, health and welfare, and shall be
effective.in~ediately 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 state-
ment of the facts constituting such urgency. This Ordinance
shall remain in full force and effect for a period of four (4)
months from the~of adoption, or until the sooner adoption
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of penanent amendments to Ordinance NS-3 conceming the
regulations governing or the classification of properties
in the area more particularly sho~ ~d delineated as the
crosshatched area on Exhibit "A 7.
Section 6: If any sections subsection~ sentences
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 0f'
the remaining portions of this Ordinance. The City Council
of the City of Saratoga hereby declares that it would have
passed this Ordinance ~d each sections s~section~ sentence~
clause and phrase ther~f~ irrespective of the fact that
any one or more sectionss subsectionss sentencess clauses
or phrases be held invalid or unconstitutional.
This Ordin~ce was introduced as an urgency and
emergency measure~ ~d was~ereafter passed and adopted at
~;~ regular meeting of the City Co~cil of the City'of
Saratoga on the 19th day of Apri!~ 1972~ by the following
votes which vote constitutes no less than a four-fifths
vote of the entire City Council of the~City of Saratoga:
AYES: Councilmen Smith, Owye~, 8ridges,' Oiri~
NOES i N~ ' ' -
~SE : _, ~,.. '
'~' ~ ~.~ .
The above and foregoing is a tdae and correct
copy'of Ordi,4ancs 2, f- ~ which has been
published acccraing to law.
Clerk ~ Q~
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