HomeMy WebLinkAbout3E-3 ORDINANCE NO. 3E- 3
A TE~IfPORARY INTERIM ZONING ORDI~IANCE PROHIBITI~G CERTAIN
USES OF CERTAIN L~DS ~ITHIN T~!E CITY OP SARATOGA
MtEREAS, the Department of Plannine of the City of SaratoGa is, in
good faith, presently conducting, and intends to ~urther conduct studies within
a reasonable time, and the Planning Commission in ~ood faith intends to conduct
studies within a reasonable time, for the purpose o~ holding hearings on and
making recommendations to the City Council on, new zonin~ 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 herein be re~erence, which .cross-hatched
sections of real property shall hereinafter be referred to as the subject pro-
perties, and
)~EREAS, the present existing use of the subject properties is primarily
agricultural or private Dark usage, and this Council is informed and believes
t. hat certain persons, firms and corporations are contemplatin~ uses in such unde-
veloped lands which would be in conflict with such proposed amendments to the
zoning ordinance, and that such persons, firms and corporations may unreasonably
and unnecessarily incur unwarranted eneineering and other Dre-development expenses
anticipatory to the development of such properties on the supposition that the
exis~in~ zoninR of said propertie~ is intended to remain in its present status
quo, and
NHEREAS, it therefore becomes necessary as ~ temporary interim measure
to prohibit any use of the subject properties which may be in conflict with such
permanent changes, and
~HEREAS, this Council has determined that the hereinafter set forth
prohibitions will not affect the use o~ said subject Dronetries as they are now
Presently being used,
N~, THEREFORE, as an interim urgency and emergency measure, pursuant
to Government Code Section 6S806 o~ the State of California, and to the police
power of this City, the City Council of the City of Saratoga does hereby ordain
as follows:
Section 1: No'new use nor new occupation shall be made of any of the
subject properties in the future, save and except as follows:
· Those uses permitted in an A{a~ricultural} District under the
visions of subdivisions {a), (b}, (d}, {e}, (f}, and {R} of Sec=
tion 2.2 of Ordinance ~]S-3 of the City of Saratoga; and, if a use
-1-
permit is-~ranted ,ursuant to Article 16 of said Ordinance NS~5,
then those conditional uses permitted under all subdivisions of
Section 2.3 of said Ordinance NS~5.
Section 2: No building, structure or other permanent improvement shall
hereafter be placed, erected or constructed on any of the
subject properties except such buildings, structures or improvements as
are incidental and accessory to an existin~ use of the subject pro-
Derties~ or incidental or accessor~ to the permitted uses enumerated
in Section 1 above.
Section 3: IVherever a use or a structure is otherwise permitted under
Sections 1 or 2 above, the same shall be subject to the
provisions and excentions of Sections 2.4 through 2.13 of Ordinance
NS-3 of the City of Saratoga.
Section 4: No tentative subdivision map nor tentative site approval
shall be approved For any of the subject propertiesm nor
shall any building permit be issued For a building or structure to be
erected thereon, For any use or structure except as otherwise allowed
under Sections 1 and 2 of this ordinance.
Section S: All of the above provisions are hereby made subject to
Article 17 of Ordinance NS-3 relatin~ to the granting or
denying of variances.
Section 6: This ordinance is hereby declared to be an urgency and
emergency measure adopted to protect the public safety,
health and welfare and shall be effective iw~ediatelv upon its pas-.
sage. A!l of the preambles to this ordinance are hereby re~erred to
and incorporated into this section by reference, and shall constitute
a statement of the Facts constitutin~ such urgency.
SeCtion 7: This ordinance shall re~ain in Full Force and effect For
a period of one (1) year From the date of its passage, or
until the sooner adoption of nermanent amendments to Ordinance NS-3
concerning the regulations ~overmin~ or the classification of the sub-
ject properties, which nermanent ordinance shall, however, in order to
terminate the effect of this urgency ordinance, specifically refer to
the sa~e as bein~ superseded and repealed thereby as to the parcel
the subject properties in question.
Section 8: If any section, subsection, sentence, clause or phrase
this ordinance is For any reason held by a Court o~ com-
petent jurisdiction to be invalid, such decision shall Dot affect the
validity of the re~ainin~ portions of this ordinance. The City
Council of the City o~ Saratoga hereby declares that it would have
passed this ordinance and each section~ subsection, sentence, clause
and phrase thereof, irresnective of the Fact 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 e~er~ency ~easure and
m6~ OF the City Council o~ the City oF
Saratoga held on the .. . day oF . , 1963, by the Following vote,
~hich vote constitutes no less than a t~o-thirds vote oF the entire City Council
Of the' 'City .o .~S~aJ~oga+ .~~,s L~:C~O, ~a~mcn,
AYI~ S :' ~:
Nous: EuY zo
ABSENT:
MAYOR
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