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Home My WebLink About38.94 ORDINANCE NO. 38.94 AN INTERIM ORDINANCE OF T]~ CI1~ OF SARATOGA REGULATING LAND DL~ELOI~ENrl1 IN C~(~IN OF TI~ Ci'IT'S WESTERN HILLSIDES t~RFAS, studies indicate the real property shown a~d delineated as "Project -Area" on Exhibit "A" attached hereto and incorporated herein by reference, contain certain potentially hazardous geologic phenomenon relating to soil stability and possible slippage and landslides, and the nature and extent of the risk and of actual physical conditions of said surface and sub-surface support of the soils in this area is presently under investigation and study by a qualified Engineering Geologist. ~S, it is anticipated the final report of said investigation and study will be complete by November 1, 1979, and, WHEREAS, such investigation and studywill use standard City categories of slope stability in this area, and will be broken down further into categories of geotechnical parameters, with professional recoMnendations relating to the usability and/or non-usability of each such area, to be known as the "Ground Movement Potential Map", and, WHEREAS, applications for tentative map approval as prescribed in Ordinance NS-60 for lands within the study area are likely to be made before completion of the aforesaid investigation and study, and therefore the Agreement between City and William Cotton ~ndAssociates contains provision for prepargtion of "Interim Ground Movement Potential ~./~ps" for each property for which applications are made prior to City Council approval of final "Ground'Movement POtential Map", to set forth the same categories of stability, geotechnical parameters and recommend.ations as to usability as described herein, and, .~I., . WHEREAS, in order to protect the public health, safety and welfare, it is deemed essential to prohibit building in those areas currently moving and having extreme potential for movement, and to not permit building in those areas which are marginally stable and have either moderate or high potential for movement unless and until ' adequate precautionary measures are taken ~nd further professional opinion certifying as to buildability is obtained, pending the preparatiomand adoption of permanent regulations governing the zoning, subdivision and building requirements for said area, NOW, T~REFORE, the City Council of the City of Saratoga 'does hereby ordain as follows: Section 1: Reference is hereby made to those lands in the City of Saratoga presently zoned HC-RD and located in the area captioned "Project Area" as shown and delineated on Exhibit '~" attached hereto and incorporated herein by reference. During the effective period of this ordinance, such of the lands as sho~m in said Project Area as are desi~mted Sbr, SIs, Pn~, Ps, Pd, ~, Md, and/or Mrf on either interim or final Ground ~bvement Potential ~ps as produced by William Cotton and Associates, Geologic Consultant, and as approved by the City Council of. this City, shall be subject to regulations and prohibitions as hereinafter set forth in this ordinance. Section 2: ~ and MrfArea Prohibitions. Section 2.1. No tentative or f~al site or subdivision approval shall be !granted for any property which includes land in anMd or Mrf area unless .such inclusion will not result in or permit any street, building or other structure to be located in such area, and the inclusion of such Md or Mrf area is designated as, and offered for, dedication!.as open space. Section 2.2; No bt~lding or grading permit shall be issued for the erection or constructim~ of any building or structure, or any fotmdations therefore, in an~Ikl 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, reconstruction, modification or addition does not require or- entail an), new or additional. foundation, or Co) Repair or reconstruction of any residential building destroyed by fire or other calamity to 50% or more of the floor space under roof prior to such calmnity, but only upon the prior obtaining of a Use Permit therefore in accord with Article 16 of Ordinance NS-3 of the City of Saratoga. Section 2.3. Precise location of the boundary o~ 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 Califoruia. Section 3: Sls, Prowi Ps, Pd and Ms Area Prohibitions. Section 3.1. No tentative 9r 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 SIs, Pmw, Ps, Pd or Ms area unless and until all of the foilowing have been complied with and completed: (a) A site development plan has been prepared and approved, and a .. geologic and soils investigation and report has been prepared, in accord with Subdivisions (a) and Co) 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 structurally safe, and, (c) The owner of said property submits to and files with the City Clerk of City a written statement representing to City that 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, owner agrees to and does, thereby, indenmify and hold City, its officers, agents, employees, boards, conunissions and professional consultants, free and harmless from and against any and all claima, actions, damages, suits or liabilities claimed by owner or any other person or entity by reason of any actual or 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, including any failure, 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: This ordinance shall be and remain in full force and effect for a period of twelve months from date hereof. All the preambles to this ordinance are hereby referred to and incorporated heroin by reference as findings of this Council. .. Section 5: If any section, subsection, sentence, clause .or phrase of this ice is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. ll~e City Council of t.he City of Saratoga hereby declares that it would have'passed 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. ~' This ordinm~ce was regularly introduced, and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City CoLmcil of the City of Saratoga held on the .7th day of March , 19 79 , by the following vote: AYES: Councilmen K~aus, Callon, Corr, 'K~,~'& Matteoni NOES: None ' ~ ' "~" ABSENT: None ~~ ~/A/~ . ATTEST: CITY~CIJ~RK / .: ·: The above and foregoing is a true and correct copy of Ordh:anco ' · ~9'¢ w,hich has bei~n ...... - ... ' '. sac' r i~/g, .t ~o~. · ..: pu~o d -,¢ '~ ' Deputy City Clerk Date