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HomeMy WebLinkAbout3E-13f I/ ORDINANCE NO. 3E - ] 3 A TEMPORARY INTERIM ZONING ORDINANCE PROHIBITING CERTAIN USES OF CERTAIN LANDS, AND APPLYING CERTAIN ZONING REGULATIONS TO CERTAIN LANDS, IN THE CITY OF SARATOGA, WITHIN CERTAIN PORTIONS OF THE HILLSIDE AREA OF SAID CITY WHEREAS, the Department of Planning, the Planning Commission and the City Council of this City have'for several years been considering and studying and holding divers public hearings on permanent zoning regulations to be applied to the undeveloped portions of the slope conservation zone area as presently shown and delineated on the 1974 Genera! Plan, and WHEREAS, pursuant thereto on the 7th day of April , 1976, this City did adopt, pursuant to Ordinance NS-3.33, a hillside conservation-~A r~/~Lt.~izoning district and regula- tions therefor, and it is the intention of this City to conduct hearings on proposals to rezone all or substantial portions of said slope conservation area from its existing zoning classification, to said hillside conservation i~rb~'id~d~[ district (HC~R~, and WHEREAS,pending said public hearings and rezoning procedures it is necessary, to.protect the public health, safety and welfare, to prohibit any development in said areas which would be in conflict with said contemplated HC-RDr=zoning district regulations in said area, NOW, THEREFORE, by reason of the foregoing, as an interim urgency and emergency measure, pursuant to Government Code Section 65858 of the State of California, and the police power of this City, and in order to protect the public health, safety and welfare, the City Council of the City of Saratoga does hereby ordain as follows: Section 1: The following regulations hereinafter set forth in this ordinance shall be a~plicable to all of the lands shown and delineated on Exhibit "A' attached hereto and incor- porated heroin by reference. Except as otherwise specifically set forth in this ordinance, all of the zoning regulations for the zoning district in which said property lies shall continue to be applicable to said property. Section 2: No site or parcel of any of said real property shall be subdivided or otherwise developed for residential purposes where the average gross land area per dwelling unit is any greater than as determined by the follow- ing formula: 1 Average gross land area per D.U. = .9091 .014985S The maximum number of dwelling units (density) per each such area to be developed shall be determined by dividing the gross land area of the parcel being' subdivided by the average gross land area per dwelling unit, rounding up to the next whole numbe~ t~ 6cc~' at '.'5"~nd ~bo~eT7'~ NoFwitHsta~d~n~'the fo~o{h , 'in '~o'd~e~ ~ill ~he ~{~i~u~' ~i~i~ ~a7 pe~dWe~-ling ~n~6 b~ ~s~'=~t~a~ 4~., 56~_~q~I~ft. ;!~i~hl..th~!aVe~.~i~e' a~ea~per ~'~welling~ni~e~erm'ine~ ~s:~er.'~['e~ore~oi~'s~e"de~Sit~ formula. Section 3: The prohibition of Section 2 heroinabove set forth shall not be applicable to any lot, site or parcel which is already shown on a duly approved site development plan or tentative subdivision map, so long as the development of such property in accord with said site development is completed within the time limits as specified in the ordinance or other regulation under which development in accord with said site development plan was required and imposed, or in the case of an approved tentative map, so long as the final subdivision map is recorded prior to the expiration of the applicable time limits for such approval, or for which tentative site approval had been obtained and for which final site approval is secured within the applicable time limits from the date of such tenta- tive approval, or for which a deed or other conveyance or a valid contract of sale was of record prior to the effective date of this ordinance and which had a legal site area at the time that said site development plan was approved, and/or said tentative map was approved, and/or at such time as the deed, other conveyance or contract of sale was recorded, and in the case of final subdivision map or site approval, so long as the same has not expired as of the effective date of this ordinance. Section 4: This ordinance is hereby declared to be an urgency and emergency measure adopted to protect the public safety, health and welfare, and shall become effective iEediately upon its passage and adoption. All of the preambles to this ordinance are hereby referred to and incorporated into this section by reference, and shall constitute a statement of the facts constituting such urgency. In addition to the foregoing, it is found and dete~ined that divers persons and entities are presently desirous of developing portions of said hillside lands and, unless restricted in the density of such residential development by the within urgency and emergency ordinance, would be likely to coEence the same in advance of the completion of the rezoning hearings for said lands anticipated for the HC-~' -2- District and with a greater density. To the extent, if at all~ that Resolutioh No. 740 may still be effective, the same ~s hereby superseded and repealed. This ordinance shall remain in full force and effect for a period of four (4) months from the date of adoption, or until the sooner reclassification of said properties to the HC=%Rb~zoning district. This ordinance may hereafter be extended in accord with the provisions of Government Code Section 65858. Section 5: If any section, subsection, sentence, clause or phrase of this ordinance 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. The City CoUncil of the 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, sub- sections, sentences, clauses or phraseslbe held invalid or unconstitutional. This ordinance was introduced as an urgency and emergency measure, and was thereafter passed and adopted at a regular meeting of the City. Council of the City of Saratoga held on the 5th day of May, 1976, by the following vote, which vote constitutes no less than a four-fifths (4/5th) vote of the entire City Council of the City of Saratoga. The above and foregoing is a true and correct copy of C! ,:i;,,:~:~ss ~'/-~ which has been g':"' i:ed ,'4:ce. ' to law. Deputy City Clerk Date -3- A )00 ~ .. E-I-40~O00 \ ~ ,~,, .ARC. ,~Te NORTH , ,--,,:, A AGRICULTURAL DISTRICT 5 Ac: