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HomeMy WebLinkAbout38.88 ORDINANCE NO. 38.t88 AN ORDINANCE OF THE CITY OF SARATOGA REGULATING LAND DEVELOPMENT IN THE CONGRESS SPRINGS SLIDE AREA WHEREAS, an inves[iga~ion and study of the geologic cond'itions and potential geologic hazards has, here~ofore been made of the Congress Springs Study Area, also known as the Bohlman Road Study Area, which study is dated May 31, 1977, prepared by William Cot'ton and Associates, Geologic Con~ultan~s~ ~t the requests of the ~ounty of Santa Clara and the EVergreen Resource. Conservation District, and which study includes certain lands within~the 'City of Saratoga,,and . WHEREAS, such investigation and study, copy of which is on file in t~e office of the City'Clerk ~f this'City, sets forth three major categories"of slope-stability!in this area, ~nd is fdrther. broken down into eight categories of geotechniqal parameters, with professional recom~ mendations relating to the usabili6y and/or non~usability of each such area, and WHEREAS, in order to protect the public health, safety and welfare it is deemed essential to prohibit building in those areas currently moving and ~aving extreme potential for movement, an~ to not permit building in those areas which are marginally stable and have either moderate of high potential for movement unless and udtiladequate pre- cautionary measures are taken and further professional Opinion certifying as to buildability is obtained, NOW, THEREFORE the City Council of the City of Saratoga does hereby ordain as follows: -1- Section 1: Reference is hereby made to that certain map dated May 31, 1977, Plate No. 3 which map is entitled "Ground Movement Potential Map", which map was prepared by William Cotton and Associated, Geologic Consultants, and a copy of which map is presently on file with the City Clerk of the City of Saratoga: specific reference is further made to all lands shown on that. map within the city limfts of the City of Saratoga,~ whic~ lands shall hereinafter be referred to as the Congress Spr{ngs Slide. Area; reference is further made to the eight area designations as shown on said map, and being areas SbB, Sis, Pmw, Ps, Pd, Ms, Md, and Mrf, which designations graduate from the most stable areas to the least stable areas. A portion of said lands located ~in'the Congress Springs Slide Area are ~oned R-i-40,000, and a portion are zoned HC-~RD. The following set forth regulations and prohibitions shall be.applicable to all of such areas as shown'upon said map as lie within the city limits of the City of Saratoga. Section 2: Md and Mrf Area Prohibitions. Section 2.1. No tentative or final site or subdivision approval shall be granted for any property which includes land in an Md or Mrf area unless such inclusion will not result in or permit any street, building or other structure to be located in such. are~, and the inclu- sion of such Md or Mrf area is designated as, and offered for', dedica- tion as open space. Section 2.2. No building or grading permit shall be issued for the erection or construction of any building or structure, or any foundations therefor, in an Md or Mrf area save and except as follows: (a) Repairs, reconstruction, modifications or additions to existing structures where such does not increase the floor space under'roof by'50% or more of the amount of floor space under roof immediately prior to such expansion~ and where such repair, recon- struction, modification or addition does n6t require or entail any new or additional foundation, or (b) Repair or reconstruction 'of any residential building destroyed by fire br other dalamity to 50% or mor~ of 'the floor space under roof prior Ito'~ch calamity, but'only ~pon the Drior obtaining of a. Use ~e~F~i~ ~h~'F'~fSB t~ ~e~6?d ~iI~ Article lg of Ordinance NS-3 of the City of Saratoga. Section 2.3. Precise localion of the boundary of the Md and Mrf areas is subject to adjustment by'City on the basis of a geologic and soils report certified'by a registered engineering geologist certified by the State of California. Section 3: Sls, Pmw, Ps, Pd and Ms ~rea Prohibitions. Section 3.1. No tentative or final site or subdivision approval shall be granted, nor shall any building or grading permit be issued for the erection or construction of any new building.or structure, nor shall any new building or structure be erected or constructed in any Sls, Pmw, Ps, Pd or Ms area unless and until all of the following have been complied with and qompleted: -2- (a) A site development plan [fas been prepared and approved, and a geologic and soils investigation and report has been prepared, in accord with Subdivisions (a) and (b) of Section 3.23 of Ordinance NS-3, and %b) The geologic and soils report above-referred is finalized, and contains the opinion of a registered engineering geologist certified by.the State of California, stating that such proposed site, subdivision, or land development and the proposed structure or structures will, as designed, be structu~ally safe, and (c) The owner of said property submits to and fil~s with [he City Clerk 'of City a written statement representing to Cit~ tha~. such owner is relying .upon the investigation, report and opinion of owner's geologist,. and that if the requested site approval, subdivision approval, or building, grading or other permit or permits are granted, 6wner agrees to and does thereby indemnify and hold City, its offihers, agents, employees, boards, commissions and professional consultants, free and harmless from and against any and all claims, actions~ damages, suits or liabilities claimed by owner or any other person or entity by reason of any actual of potential geologic hazard, including, without limitation, land slippage, landslide, earthquake, slope instability, soil or sub-soil instability, or lack of lateral or subjacent support of.any kind or nature, cluding any f~ilure, collapse or damage to any building or structure or its foundation, and further setting forth that the owner is knowingly assuming the risk thereof. Section 4: If any section, subsecti6n, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdic- tion to be invalid, such decision shall not affect the validity of the re- mniBing portions of this ordinance. The City Council of the City'of Saratoga hereby declares that it would have passed this ordinance and each section, subsection, sentence, cladse and phrase.thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be held invalid or unconstitutional. The above and foregoing ordinance was regularly introduced and after the waitingltime required by law was thereafter passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the ]9 day of .T,]y , 1978 by the following vo : NOES: None ABSENT:N '~ ~ (' ~R ATTEST: / , CI~ CLERk~ - The abeve and foregoing is a true and 'correCt co~ ef O,'di,~ 'e _,27. ? y which has beo~ publ3shed accor~ing'7o law. Depmy City Clerk [ OaF