Loading...
HomeMy WebLinkAbout3E-26 ORDIN~ICE 3E -26 AN INTERIM URGENCY ORDINANCE OF THE CiTY OF SARATOGA TEMPOI~RILY RESTRICTING THE ACCEPTANCE OR PROCESSING OF APPLICATIONS FOR CELLULAR TELEPHONE FACILITIES AT SITES IN THE CITY DURING A CONTEMPI~TED STUDY OF CELLULAR TELEPHONE FACILITY SITES PURSUi~FT TO CALIFORNIA GOVERNNENT CODE § 65858 The City Council of the City of Saratoga does hereby ORDAIN as follows: section 1. Pursuant to the provisions of California Government Code § 65858, the City Council does hereby adopt this interim urgency ordinance temporarily restricting acceptance or processing of applications for cellular telephone facilities at sites, in the City, during a contemplated study of cellular telephone facility sites, and any necessary or attendant zoning amendments proposed in connection therewith. Section 2. Notwithstanding any other ordinances or regulations of the City of Saratoga to the contrary, no use permits, building permits, grading permits, or other ministerial or discretionary entitlement for the aforementioned use, shall be approved or granted while this ordinance remains in effect. Section 3. This ordinance is an urgency ordinance enacted for the preservation of the public health, safety or welfare, and shall therefore go into effect immediately upon its adoption. The basis and justification constituting the urgency for the adoption of this ordinance is as follows: Section 65858 of the California Government Code provides for the adoption of urgency ordinances prohibiting any uses which may conflict or be inimical with a contemplated general plan or zoning proposal or study to be undertaken by a local governmental agency within a reasonable time. The City intends to forthwith commence a comprehensive review of the provisions contained in its Zoning Ordinance relating to cellular telephone facility sites, including but not limited to a review of appropriateness of siting such facilities in various zoning districts, an inventory of properties where such facilities would likely be requested for siting, and a study of the on-site location, aesthetics and sharing of sites. The Council does hereby find that by reason of the matters set forth hereinabove, there exists a present and immediate threat to the public health, safety and welfare unless development of cellular telephone facility sites within the City of Saratoga is temporarily restricted during the conduct of such studies and the contem-plated revision of certain Zoning Ordinance provisions during and subsequent to the conduct of such studies. The Council further finds that the approval of use permits, variances, grading and building permits, and other 1 mini ial or discretionary ent ements for such faciliti within the City at this time would result in a threat to the public health, safety or welfare in that such development may well conflict with provisions of proposed amendments to the zoning ordinances which may be enacted as a result of studies referred to herein. Section 4. This interim ordinance shall by operation of law be of no further force and effect forty-five (45) days from and after the date of its adoption; provided, however, that after notice and public hearing the Council may by a four-fifths (4/5) vote extend this interim ordinance for a total period of time not to exceed 10 months and 15 days. 8cotion 5. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance.~ The Council hereby declares that it would have adopted the ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. Section 6. This ordinance is hereby declared to be an urgency measure and shall be in force and effect immediately upon its adoption. ***** The above and foregoing ordinance was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 3rd day of Januar7 , 1996, by the following vote: AYES: Councilmembers Burger, Moran, Tucker, Wolfe and Mayor Jacobs NOES: None ABSENT: None ~~/~ MAYOR ATTEST: City MSR: dsp December 27, 1995 O: \CORY\CELLTELL 2