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HomeMy WebLinkAbout3E-19 ORDINANCE NO. 3E-19 AN INTERIM URGENCY ORDINANCE OF THE CITY..OF SARATOGA AMENDING ORDINANCE NO. NS-3. , THE ZONING ORDINANCE, BY PROHIBITING ANY USES WITHIN THE NORTHWEST HILLSIDE SPECIFIC PLAN AREA WHICH MAY BE IN CONFLICT WITH ZONING ORDINANCE MODIFICATIONS UNDER STUDY OR TO BE STUDIED BY THE CITY OF SARATOGA DURING THE DURATION OF THE INTERIM URGENCY ORDINANCE; SETTING FORTH EXCEPTIONS AND DURATIONS; AND DECLARING THE FACTS CONSTITUTING THE URGENCY RECITALS A. There are conflicts existing between the City's adopted specific plan for the Northwest Hillside area and the zoning and other ordinances of the City with respect to the Northwest Hill- side area as said area is shown and designated on the map attached hereto and made a part hereof by reference; B. Review, study, and revisions of the zoning ~nd other ordi- nances of the City are about to be undertaken and considered by various agencies and consultants of the City, including, the Planning Commission. During the period of time said ordinances of the City are under review and being revised, development of the Northwest Hillside area of the City in the manner now permitted by said ordinances would have an adverse effect on the results of the revisions of said ordinances and would impair the usefulness thereof and hinder orderly development of the City. C. In addition to the foregoing, there are conditions existing within the Northwest Hillside area of the City which necessitates that restrictions on buildings, gra~ing, subdivision, resub- division, or land division within said area be imposed. Such conditions include, but are not necessarily limited to the follow- ing: 1. A substantial portion of the area is susceptible to landslides or otherwise has unstable soil. 2. The said area is subject to earthquake hazards. 3. There are numerous roads in said area not meeting City standards, which tend to delay, hinder, and impede fire suppres- sion activity and other emergency services. 4. Additional circulation and flow of traffic to serve and necessitated by new development of land in said area will or may have an impact upon existing public and private roads within said area. 5. Water services are inadequate within said area. 6. There exists a lack of sanitary sewers and suitability for septic tanks and drainage fields within said area is as yet undetermined. 7. There are multiple ownerships of property within said area making voluntary coordinated planning and development of roads, utilities, and other public services extremely difficult. NOW, THEREFORE, the City Council of the City of Saratoga does hereby ordain as follows: Section 1. Except as set forth in Section 2 hereinafter, upon adoption of this ordinance, no applications will be accepted or processed by the City of Saratoga for any land division, subdivision, resubdivision, building permit, grading permit, or other development permit within the Northwest Hillside area of the City as shown on the map attached hereto and incorporated herein by reference. Section 2. This ordinance shall not apply to any lot shown as a unit on a recorded subdivision or land division, or any lot otherwise legally created prior to April 25, 1978. Any lot so exempted will not lose its exempt status if either of the follow- ing events takes place subsequent to April 25, 1978: 1. A portion of the lot is exchanged for a portion of any adjoining lot, the result of which does not decrease the -2- original square footage of the lot; or 2. The lot is enlarged by the addition of land from any adjoining parcel. Pursuant to the various stipulations for settlement approved and adopted by the City Council on June 2, 1981, by Resolutions No. 1012 , No. 1013 , and No. 1014 and in furtherance thereof, the following sub- divisions and parcels of property located within the subject area are exempt from the operation of this ordinance: (1) Subdivision Tract 6526; (2) Subdivision Tract 6528; (3) Subdivision Tract 6628; and (4) Those parcels of real property identified as Asses- sor's Parcel Nos. APN 366-5-5 and APN 366-5-6 presently owned by the Fremont Union High School District. Section 3. This ordinance shall be of no further force and effect four (4) months from the date of adoption hereof unless extended pursuant to the provisions of Section 65858 of the Government Code of the State of California. Section 4. The facts upon which this urgency measure is based in addition to those set forth in the recitals hereinabove are as follows: The City of Saratoga intends to review and revise its zoning ordinance and other ordinances to bring relevant portions of them into conformity with the specific plan adopted for the Western Hillside area of the City on June 2, 1981. Such revisions and modifications to these ordinances are related to development problems which include but are not limited to terrain, vehicular traffic circulation, landslide, seismic and other geologic hazards, fragile stream corridors, and protection of the rural and natural character of the community. This ordinance is adopted to protect the public safety, health, and welfare and to ensure the orderly development of the Northwest Hillside area pursuant to the specific plan by ensuring that no land use be permitted that would conflict with the zoning ordinance modifica- tions or other modifications to the zoning ordinances and other ordinances resulting from the review and revisions of said ordi- nance and code by the City of Saratoga contemplated by this ordinance. of Saratoga ATTEST: Cl~'rko~tfth/&ity~fSaratoga CERTIFIED, that Ordinance No. 3E-19 , being an urgency ordinance, was introduced, read by title, and further reading waived, and Passed: June 2, 1981 by vote of Councilmembers as follows: AYES: Clevenger, Jensen, Mallory, Watson, Mayor Callon NOES: None ABSENT: None This Ordinance was posted at 13777 Fruitvale '~;" ' IN THE City of Saratoga on the 3rd day Of June , 1981. Dated: June 3 , 1981. Clerk of the C~t aratoga lbe 8bore and f0mg0 ng is a true and c0r~ec~ col7 'J ~'~-:,~-,"5~- ~ whch has been pub) s) cd C c;coFd;n9 Jaw.