HomeMy WebLinkAboutOrdinance 369 -Rezoning portion of Oak StreetORDINANCE NO.369
AN ORDINANCE OF THE CITY OF SARATOGA CITY COUNCIL
REZONING ASSESSOR'S PARCEL NUMBERS 517-10-034 AND A PORTION OF 517-10-
009 FROM R-1-10,000 P-C (PLANNED COMBINED DISTRICT) TO R-1-10,000
OUR LADY FATIMA VILLA FOUNDATION; 14434 & 14488 OAK STREET
THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY ORDAINS AS
FOLLOWS:
WHEREAS, on February 12, 2020 an application was submitted by Bella Mahoney, on
behalf of Our Lady Fatima Villa Foundation, requesting the removal of a Planned Combined (P-C)
District from the parcel located at 14434 Oak Street and a portion of the immediately adjoining
parcel at 14488 Oak Street (ZOA20-0003).
WHEREAS, the proposed reclassification from R-1-10,000 P-C (Planned Combined
District) to R-1-10,000 is consistent with the M-10 (Med. Density Residential) land use category for
the subject property in the Saratoga General Plan.
WHEREAS, on May 27, 2020 the Planning Commission held a duly noticed public hearing
on the proposed zoning change and related matters, and considered evidence presented by City
Staff, the applicant, and other interested parties, and the Planning Commission recommended the
City Council approve the Zoning Ordinance Amendment ZOA20-0003.
WHEREAS, the City Council of the City of Saratoga held a duly noticed public hearing on
June 17, 2020, and after considering all testimony and written materials provided in connection with
that hearing introduced this ordinance and waived the reading thereof.
Therefore, the City Council hereby amends the City Code as follows:
Section 1. Adoption.
The Saratoga City Zoning Map is amended to rezone from R-1-10,000 P-C (Planned Combined
District) to R-1-10,000 the land comprised of the single parcel resulting from Lot Merger/Lot Line
Adjustment LOTMER20-0001, which merges Assessor's Parcel Number 517-10-034 (also known
as 14434 Oak Street) and a portion of Assessor's Parcel Number 517-10-009 (also known as 14488
Oak Street).
Section 2. California Environmental Quality Act
Pursuant to the California Environmental Quality Act ("CEQA"), reclassification of the R-1-10,000
P-C Planned Combined district to the R-1-10,000 zoning district is exempt from CEQA. This
ordinance is exempt under California Code of Regulations, Title 14, Section 15061(b)(3) which
provides that CEQA applies only to projects which have the potential of causing a significant effect
on the environment, and that where, as here, it can be seen with certainty that there is no reasonable
possibility that the activity in question may have a significant effect on the environment, the activity
is not subject to CEQA. In addition, the project is Categorically Exempt from CEQA pursuant to
Section 15301, "Existing Facilities," Class 1 of the Public Resources Code. This exemption allows
for the operation of existing public or private structures involving negligible or no expansion of
existing or former use beyond that existing at the time of the lead agency's determination. The
project is also Categorically Exempt from CEQA pursuant to Section 15305, "Minor Alterations in
Land Use Limitations," Class 5 of the Public Resources Code. This exemption allows for minor
alterations in land use limitations in areas with an average slope of less than 20%, which do not
result in any changes in land use or density, including but not limited to minor lot line adjustments,
not resulting in the creation of any new parcel.
Section 3. Severance Clause.
The City Council declares that each section, sub -section, paragraph, sub -paragraph, sentence, clause
and phrase of this ordinance is severable and independent of every other section, sub -section,
paragraph, sub -paragraph, sentence, clause and phrase of this ordinance. If any section, sub -section,
paragraph, sub -paragraph, sentence, clause or phrase of this ordinance is held invalid, the City
Council declares that it would have adopted the remaining provisions of this ordinance irrespective
of the portion held invalid, and further declares its express intent that the remaining portions of this
ordinance should remain in effect after the invalid portion has been eliminated.
Section 4. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the City of
Saratoga within fifteen days after its adoption.
Following a duly noticed public hearing the foregoing ordinance was introduced at the regular
meeting of the City Council of the City of Saratoga held on the 17t' day of June, 2020, and was
adopted by the following vote on July Is', 2020.
COUNCIL MEMBERS:
AYES: Mayor Howard A. Miller, Vice Mayor Mary -Lynne Bernald, Council Members E.
Manny Cappello, Yan Zhao, Rishi Kumar
NOES:
U C `fl�0ll1A
ABSTAIN:
SIGNED:
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Howard Miller
MAYOR, CITY OF SARATOGA, CALIFORNIA
7//7:�
DATE
ebbie Bretschneider
CITY CLERK
APPROVED AS TO FORM:
r
Richard Taylor
CITY ATTORNEY
1253215.1
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.� DATE: - : 12 (' z I �-,
CITY OF SARATOGA
ORDINANCE CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
CITY OF SARATOGA
CERTIFIED COPY OF ORDINANCE
ADOPTION
I, Debbie Bretschneider, City Clerk for the City of Saratoga in said County of Santa Clara, and
State of California, do hereby certify that the attached is a true and correct copy of Ordinance
No. 369, adopted by the Saratoga City Council on July 1, 2020 by the following vote:
AYES: Miller, Bernald, Cappello, Zhao, Kumar
NOES:
ABSTAIN:
ABSENT:
�J Ordinance I hereby further certify that a summary of the ordinance was published
/ Summary in accordance with Government Code Section 36933 on the following
dates: June 5, 2020, June 26, 2020, and July 10, 2020. Said ordinance
shall be effective August 1, 2020.
❑ Ordinance I hereby further certify that the full text of the ordinance was published
Full Text in accordance with Government Code Section 36933 on the
. Said ordinance shall be effective
Dated this 261 day of June 2020.
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De ie Bre chneider, CIVIC, City Clerk