HomeMy WebLinkAboutOrdinance 249 --not adopted-changed to 262 NOTE TO FILE: Ordinance 249 was voided out due to City Clerk Boyer not publishing in local newspaper within
the 15-day publication requirement. This Ordinance was re-heard by Council and adopted on September 17th 2008—
Ordinance No.262
ORDINANCE NO. 249
AN ORDINANCE OF THE CITY OF SARATOGA AMENDING THE ZONING
MAP TO CHANGE THE ZONING OF PARCELS 517-12-020,517-12-021, and
517-12—022 FROM R-1-40,000 TO R-1-20,000
The City Council of the City of Saratoga does ordain as follows:
Section 1. Findings.
The City Council finds and declares as follows:
A. Parcels 517-12-020, 517-12-021, and 517-12 — 022 are each less than 30,000
square feet in size and have a current zoning designation of R-1-40,000
typically requiring a minimum lot size of 40,000 square feet. The General
Plan designation for these parcels is "RLD" (Residential Low Density) which
is compatible with the R-1-20,000 zoning designation.
B. Following a public hearing on November 8, 2006 at which all interested
persons had an opportunity to be heard the Planning Commission
recommended reclassifying the subject parcels from the R-1-40,000 zone
district to the R-1-20,000 zone district. The City Council considered the
Planning Commission Recommendation at a public hearing at which all
�-- interested persons had an opportunity to be heard on January 17, 2007.
C. As demonstrated by the materials in Community Development Department
File No. 07-140, this rezoning is consistent with the adopted General Plan,
including the housing element and the sites identified in the housing element
are adequate to accommodate the jurisdiction's share of the regional housing
need pursuant to Section 65584. This zoning map amendment will not reduce,
require, or permit the reduction of the residential density for any parcel to a
lower residential density that is below the density that was utilized by the
Department of Housing and Community Development in determining
compliance with housing element law.
D. In order to apply a zoning designation that is more closely aligned with the
General Plan designation and to remove the current non-conforming status of
the subject parcels it is appropriate to amend the Zoning Map to change the
zoning of the parcels from R-1-40,000 to R-1-20,000.
Section 2. Zoning Map Amendment.
Pursuant to Section 15-85 of the Saratoga Municipal Code, the City of Saratoga Zoning Map is
hereby amended by reclassifying the Zoning District designation from R-1-40,000 to R-1-20,000
for the three (3) parcels shown on Exhibit A attached hereto and incorporated herein by this
�.. reference.
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NOTE TO FILE: Ordinance 249 was voided out due to City Clerk Boyer not publishing in local newspaper within
the 15-day publication requirement. This Ordinance was re-heard by Council and adopted on September 17t 2008—
Ordinance No.262
�.. Section 3. California Environmental Quality Act.
Pursuant to the California Environmental Quality Act ("CEQA"), this action is exempt under 14
California Code of Regulations ("CEQA Guidelines") section pursuant to Section 15305, "Minor
Alterations in Land Use Limitations" (allowing for minor alterations in land use limitations,
which do not result in any changes in land use or density applicable here because the
reclassification would allow continued single-family land uses consistent with existing land uses
on the subject parcels, would not increase the allowed density, and would not provide an
opportunity for creation of new parcels) and CEQA Guidelines section 15061(b)(3) (the
amendments are exempt because it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment).
Section 4. Publication.
This ordinance or a comprehensive summary thereof shall be published once in a
newspaper of general circulation of the City of Saratoga within fifteen days after its adoption.
The foregoing ordinance was introduced and read at the regular meeting of the City
Council of the City of Saratoga held on the 17th day of January, 2007, and was adopted by the
following vote following a second reading on the 7th day of February 2007:
COUNCIL MEMBERS:
AYES: Councilmembers Jill Hunter, Kathleen King, Chuck page,
Vice Mayor Ann Waltonsmith, Mayor Aileen kao
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED: ATTEST:
Aileen Kao, MAYOR Cathleen Boyer, CITY CLERK
Saratoga, California Saratoga, California
APPROVED AS TO FORM:
Richard Taylor, CITY ATTORNEY
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