HomeMy WebLinkAbout3E-1 ORDINAN.CE NO. 3E-1
A TEMPORARY INTEP~ ZONING ORDINANCE PROHIBITING CERTAXN
USES OF CERTAIN LANDS WITHIN THE CXTY 0P SARATOGA
WHEREAS, the Departmen= of Planning of the City 0f Saratoga is, in
good faith, presently conducting, and intends .to furthe~ conduct studies within
a reasonable time, and the PlanninS Commission in good faith intends to conduct
studies within a reasonable time, for the purpose of holding hearings on and
making recommendations to the City Council on, new zoning regulations and classi-
fications for those parcels of real property more particularly shown as the cross-
hatched sections on the sectional district maps collectively attached hereto as
Exhibit "A" hereof, and incorporated heroin by reference, which cross-hatched
sections of real property shall hareinafter be referred to as the subject pro-
perties, and
WHEREAS, the prosen= existing use of the subject properties is prinmrily
aSricultural or private park usage, and this Council is informed and believes
that certain persons, firms and corporations are contemplating uses in such unde-
veloped lands which would be in conflict with such proposed ~.~.a~ents' to the
zoning ordinance, and that such persons, firms and corporations may unreasonably
and unnecessarily incur unwarranted engineering and other pro-development expenses
anticipatory to the development of such properties on the supposition that the
existing zoning of said properties is intended to r~m-in in its present status
quo, amd
WHEREAS, it therefore becomes necessary as a temporary interim measure
to prohibit any use of the subject properties which may be in conflict with sUch
permanent changes, and
WHEREAS, this Council has determined that the hereinsfter set forth
prohibitions will not affect the use of said subject properties as they are now
presently being used,
NOW, THEPaFORE, as an interim urgency and emergency measure, pursuant
to Government Code Section 65806 of the State of California, and to the police
power of this City, the City Council of the CitF of Saratoga does hereby ordain
as follows:
Section l: No new use nor now occupation shall be made of any of the
subject properties in the futures save and except as follows:
These uses permitted in an A (agricultural) District under the
visions of subdivisions (a), (b), (d), (e), (f) and (~) of Sec-
tion 2.2 of Ordinance NS-3 of the City of Saratoga; and, if a use
permit is granted pursuant ~o Article 16 of said Ordinance NS-3,
then those conditional uses permitted trader all subdivision. s
Sectiou 203 of said Ordinance NS-3,
SeCtion 2: No buildin~, structure or other permanent. improvement shall
he~ea£ter be placed, erected or constructed on any of the
subject properties except such buildi_~s, structures or improvements as
ere incidental and accessory to an existt~ use of the subject pto~
petties, or incidental or accessory to the permitted uses enumetated in.
- Section 1 above,
Section 3: liCe=ever a use or a structure is otherelse permitted under
Sections 1 or 2 above, the same shall be subject to the
provisions and exceptions 0f Sections 2,4 throu2h 2,13 of Ordinance
NS-3 of the City of Saratoga,
S.ection 4: No tentative subdivision mapmr tentative site approval
shall be approved for any of the subject properties, nor
shall any buildin; permit be issued for a buildin~ or structure to be
erected thereon, for any use or structure except as otherwise allowed
under Sections 1 and 2 of this ordinance,
Section 5: All of the above provisions are hereby made subject to
Article 17 of Ordinance NS-3 relattn~ to the grantin~
donyin~ of variances,
..S. ection 6: This ordinance is hereby declared to be an urgency and
esaet~ency measure adopted to protect the public safetys
health and welfare and shall be effective 4_mm~tately Won its pas-
saxe,' All of the preambles to this ordine_n~e are hereby referred to
and incorporated into this section by reference, and shall constitute
a statement of the facts constitutinS such urSoncy~.
se~tio~ i7: T~i~ o~inan~e .shall r---t~ in
a period of One (1) ~ ~rom tile date of its passage,' or
until the sooner adoption of permanent ~nendmmits t~ 0~dinance NS~3
concernin~ the regulations governinS or the classification of the sub-
Ject properties, which permanent ordinance shall, however, in order to
terminate the effect of this urgency ordinance, specifically'refer to
the em~- as beix~ superseded and ropnaled thereby as to the parcel of
the subject properties in question.
Section 81 I~ any section, subsection, sentence, clause or phresa of
this o~dtn~nce is for any russon held by a Court of com-
petent Jurisdiction to be invalid, such decision shall not affect the
validity of the r~N~nin~ portions of this ordt~nceo The City
Council of the City of Saratoga hereby declares that it would have
passed this ordinance and each sections subsection, sentence, clause
and phrase thereof, irrespective of the ~xct that any one or more sec-
tions, subsections, sentences, clauses or phrases be held invalid or
unconstitutional,
This ordinance was introduced as an urgency and emergency measure and
was passed and adopted at a reSutar meetin~ of the City Council of the City of
SaratoSs held on the . ~nd day of Januar~ , 196~, by the followin~ vote,
which vote constitutes no less than a t~eo-thirds vote of the entire City Council
of the City of Sarato~al
AIRES: Brazil, Glennon, Drake, Hartman, Ritchie
I~OES = None
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