HomeMy WebLinkAbout3E-14 ORDINANCE NO. 3E-14
AN INTERIM EMERGENCY ORDINANCE OF THE CITY'
OF SARATOGA PLACING A TEMPORARY BUILDING
MORATORIUM ON THE BOHLMAN ROAD GEOLOGY STUDY
AREA OF THE CITY OF SARATOGA
WHEREAS, preliminary studies indicate the real property
shown and delineated on Exhibit "A" attached hereto and
incorporated herein by reference, and generally referred
to as the Bohlman Road Study Area, contain certain poten-
tially hazardous geologic phenomena relating to soil stability
and possible slippage and landslides, and the nature and
extent of the risk and_of the actual physical conditions of
said surface and sub-surface support of the soils in this
area is presently under comprehensive study and investigation
by the County of Santa Clara, and
WHEREAS, in order to protect the public health, safet~
and welfare it is deemed essential to place the hereinafter
described moratorium on all additional building and construc-
tion in said area pending the preparation of a complete geo-
technical report to determine the extent and seriousness
of the hereinabove set forth situation, and
WHEREAS, the Santa Clara County Board of Supervisors'
has heretofore officially taken similar moratorium action
as to those-portions of-the Bohlman Road Study Area lying
outside of the limits of the City of Saratoga,
NOW, THEREFORE, the City Council of the City of
Saratoga does hereby ordain as follows:
Section 1: All applications for building site approvals
and minor land divisions in the Bohlman Road Study Area shall
hereaftep-bereviewed by-and shal~ require the approval-of -
the Planning Commission of the City of Saratoga rather than
~he Land Development Committee, as Advisory Agency.
-1~
Section 2: No building or grading permit shall be issued
for the erectio~ or construction of any new building or structure,.
or any foundations therefor, in the portion of the Bohlman
Road Study Area which lies within the city limits of the
City of Saratoga, for the duration of this ordinance or any
extension or extension~ thereof, except the following:
(a) Repairs, reconstruction, modifications or addi-
tions to existing structures where the cost thereof does not
exceed 50% of the value of the existing structure, and where
such repair, reconstruction, modification or addition does
not require or entail any new or additional foundations, or
(b) Repair or reconstruction 'of any residential
building destroyed by fire or other calamity to more than
50% of its value, upon the prior obtaining of a Use Permit
therefor in accord with Article 16 of Ordinance NS-3 of the
City of Saratoga.
Section 3: This ordinance shall remain in full force
and effgct. for ~ period:of fou~ (4) months from date hereof.
All the preambles to this ordinance are hereby referred to
and.incorporated herein by reference as findings of this
Council. To the extent, if at all, that this ordinance may
be construed as a zoning regulation, it is declared to be
adopted pursuant to Government Code Section 65858 of the
State of California.
Section 4: 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 phras~ thereof,
irrespective of the fact that any one or more sections, sub-
sections, sentences, clauses or phrases be held invalid or
unconstitutional.
This ordinance was introduced as an urgency an&-emer-
gency measure, and was thereafter passed and adopted at a
regular meeting of the City Council of the City of Saratoga
held on the 16th day of March, 1977, 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.
AYES: Councilmen Bridges. Brigham~ Kmus. Corr & Ma,e,~ni
NOES: - ~on~ ~-~r~ 0 ~/~
~SE~,: No~ ' i ~yOR~
The above and foregoing is a true and correct
copy c O'd-*,~:'? 3~-,4 which has been
Z pubhshsd acs.~rd,,g to law.
ity er 9ate
-2~