HomeMy WebLinkAboutCity Council Resolution 956
RESOLUTION NO. 956
A RF.SOLUTION OF THE CITY OF
SARATOGA DISAPPROVING APPLI-
CATIONS FOR LAND DEVELOPMENT
WITHIN THE NORTHWEST HILLSIDES
AREA PURSUANT TO THE PROVISIONS
OF MEASURE A, AN INITIATIVE
ORDINANCEJ AND TITLE 7J CHAPTER
4.5 OF THE GOVENMENT CODE OF
THE STATE OF CALIFORNIA RELATING
.TO DEVELOPMENT PROJECTS.
1. WHEREAS, on April 8, 1980, a majority of the voters of
the City of SaratogaJ State of California, did vote in favor of an
Initiative Ordinance popularly referred to as Measure A, and said
Initiative Ordinance went into effect on April 25th, 1980, the
same having been adopted 10 days earlier upon declaration of the
vote by the City Council of the City of Saratoga;
2, WHEREAS, Section 7 of Measure A requires that pending
the final completion of a Specific Pla.n for the area depicted in
Exhibit A attached hereto, commonly referred to as the Northwest
Hillsides Area, no zoning changes, land divisions, subdivisions,
b·..::.::..ld::..~g or gradjng permits for the construction of a new residence
or other land development approvals of any kind sh8.ll be issued in
sai.d Northwest Hillsides area, nor any applications accepted therefor,
except for lots which received final approval two or more years prior
to April 25th, 1980 or by hardship exceptions granted by the City
Council of the City of Saratoga pursuant to the provisions of
Measure A;
.3. 1;.JHEREAS, state law, specifically Title 7, Chapter 4,5
of the Government Code of the State of California at §65920, et seq
requires that the City of Saratoga approve or disapprove applications
for development projects of the sort described in Paragraph 2, hereof,
vIi thin one year of the date on which such app liea tions have been
received and aec(~pted as complete. or as soon thereafter
as feasihle,
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4. WHEREAS, Measure A provides in Section 3 for the
Specific Plan for the Northwest Hillsides Area to be completed
within one year from April 25th, 1980 or as soon thereafter
as feasible;
5, WHEREAS, the applications listed in this paragraph
were pending before the City of Saratoga on April 25th. 1980
and relate to development within the Northwest Hillsides Area.
are for types of land development prohibited in Section 7 of
Measure A, had not received final lot approval two years or more
prior to the effective date of Measure A and have not been granted
exception from Measure A by the City Council of the City of
Saratoga, to wit:'
1, Applications Processing Toward
Tentative Approval.
SDR 1376, DiGiovanni, Via Regina. I lot
SDR 1407, Horvath. Mt. Eden Rd., 6 lots
SDR lItl2, Mathot. Comer, 6 lots'
SD 1431, Fremont, Prospect, 73 lots
SD l!t44 , Martinez J Comer. 2 lots
2. Final Map Appro~als
SDR i259, Pike Road, Joseph Politi
TR. 6628, Tollgate Road, McBain & Biggs
TR. 5928. Pierce Road, Marie Gasper
TR. 6526, Prospect Road, Parker Ranch, Unit I
3. Building & Grading Permits -Applied
For But Not Issued. ----
Picea Court;: SJvnv/Parker Ranch; Grading
Permit for Water Tank;
Pike Road; SJWW!Parnas Corp; Building and
Grading Permit for water tank;
Tollgate Road; McBain and Gibbs; Grading
Permit; Tract 6628
6. WHEREAS. the City of Saratoga may find it necessary
or desirable to take the entire year, or greater, to complet.e
the Specific Plan for the Northwest Hillsides Area and cannot
approve the foregoing applications dUI~ing the period of preparation
of said Specific Plan;
7. WHEREAS, there is thus created a danger that some or
all of the fore¡súi..1g applicatiorLs wOllld 1;.2 J~C,:H':G ~ppr(}ved by the
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City of Saratoga by the failure of s'aid city to approve or
disapprove such applications within a year of the period that
they were accepted and that such approval would violate the
prohibitions of Section 7 of Measure Ai
8. WHEREAS. disapproving said applications without
prejudice to the right of the applicants to renew their applications
upon completion of the Specific Plan for the Northvlest Hillsides
Area and without prejudice to the right of the applicants to
make application to the City Council of the City of Saratoga for
an exception Measure 4 will preserve the right of the applicants
to present their applications to City of Saratoga in a lawful
manner;
9. NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY
COUNCIL OF THE CITY OF SARATOGA THAT:
Each of the applications listed in Paragraph 5 hereof is
hereby disapproved, pursuant to Government Code Section 65950 and
all other applicable provisions of law, without prejudi.ce to the
right of the applicants to make application to the City Council of
the City of Saratoga for the grant of a hardship exception pursuant
to the terms of Measure A and without prejudice to the right of
the applicants to renew their applications upon comple.tion of
the Specific Plan for the Northwest Hillsides Area upon a date to
be designated by the City Council of the City of Saratoga,
The foregoing Resolution was adopted by the City Counci.l
of the City of Saratoga at a regular meeting held on the 21st day
of
May
, 1980 by the following vote:
AYES:
NOES:
Councilmembers Callon, Mallory, Jensen_~ Clevenger, Watson
None
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ABSENT: None