Loading...
HomeMy WebLinkAbout3E-9 A TB2dPORARY INTERIM ZONING ORDINANCE PROHIBITING CERTAIN USES OF CERTAIN LANDS, AND APpLYING CERTAIN ZONING REGULATIONS TO CERTAIN LANDS, IN.THE CITY OF SARATOGA, WITHINTHAT PORTION OF SAID CITY o__ B KNOWN AS TH~ ~)ROAD~NORTON ROAD AREA, iF.~,~'I~DING,~, THE URGENCY T~EP~OF, .AND TO TAKE EFFECT I~D~ATELY. WHEREAS, the Department of Planning, the Planning Commission and the City Council of the City of Saratoga are considering and studying and intend. to further conduct studies within a reasonable time, concerning new regulations of that · mountainous portion of the City,c~r~only known as the~-~ima~ Road-Norton Road area, which may be more restrictive than the present regulations concerning the same, and WHEREAS, said area is extremely steep, has a poor road system, inadequate domestic water supply, and,is not serviced by a sanitary sewer system, and by virtue of such steepnessof terrain, inadequate vehicular access system, and inadequate water supply, is an area subject to great fire hazard, and the Saratoga Fire District has heretofore recommended the establishment of a moratorium and/or a slowing down of development in said area until adequate and effective fire protection and related facilities therefor have been provided; and the steephess of the terrain and lack of sanitary sewage creates a potential health hazard in said area:9 upon its development in accord with present 'zoning site area standards, and WHEREAS, by reason of+the foregoing, and in order to provide additional time to study and recommend permanent regulations relating to the proper and safe development in said area, -1- NOW, THEREFORE, AS AN INTERi~ URGENCY AND EMERGENCY MEASURE, pursuant to Government Code Section 65858 of the State of California, and'the police power of this City, in order to protect the public health, safety and welfare, the City Councilof the City of Saratoga does hereby ordain as follows: Section 1: The following regulations hereinafter set - forth in this Ordinance shall be applicable to all the lands Shown and delineated as the crosshatch area on Exhibit "A" attached hereto and incorporated herein by reference. ,Except as otherwise specifically set forth in this Ordinance, all of the regulations for R-i-40,000 residential zoning districtr] shall continue to be applicable to said property. Section 2: The minimum site area for each_building site shall be five acres, except as may be permitted by Section 3 hereof. Section 3: In ~ddition to the conditional uses permitted under and by virtue of Section 3.3 of Ordinance NS-3, the following additional conditional use may be permitted upon the securing of.a use permit therefor in accord with Article 16 of said.Ordinance NS-3: One Family dwellings and related aCcesSOry struc- tures upon parcels having a site area oilless than five acres each, but no less than 40,000 square feet of site area per lot. Section 4: The prohibition of Section 2 hereinabove set forth shall not be applicable to any lot, site, or par&el which is shown on a duly approved tenta- tive subdivision map for which a final. subdivision map is recorded prior to the expiration.of the applicable time limits for such approval, or for which tenative Building Site Approval has been obtained and for which final site approval has been secured within the applicable time limits from the date of such tentative approval, or f0~ which a deed or 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 the tentative m~p was approved, or the deed or contract of sale was recorded, and in the case of final subdivision map or site approval, if the same has not expired. Section 5: This Ordinance is hereby declared ~o ~be an urgency and emergency measure adopted to protect the publi& safety, health and welfare, and shall be effective.in~ediately upon its passage. All of the preambles to this Ordinance are hereby referred to and incorporated into this section by reference, and shall constitute a state- ment of the facts constituting such urgency. This Ordinance shall remain in full force and effect for a period of four (4) months from the~of adoption, or until the sooner adoption -2- of penanent amendments to Ordinance NS-3 conceming the regulations governing or the classification of properties in the area more particularly sho~ ~d delineated as the crosshatched area on Exhibit "A 7. Section 6: If any sections subsection~ sentences 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 0f' the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance ~d each sections s~section~ sentence~ clause and phrase ther~f~ irrespective of the fact that any one or more sectionss subsectionss sentencess clauses or phrases be held invalid or unconstitutional. This Ordin~ce was introduced as an urgency and emergency measure~ ~d was~ereafter passed and adopted at ~;~ regular meeting of the City Co~cil of the City'of Saratoga on the 19th day of Apri!~ 1972~ by the following votes which vote constitutes no less than a four-fifths vote of the entire City Council of the~City of Saratoga: AYES: Councilmen Smith, Owye~, 8ridges,' Oiri~ NOES i N~ ' ' - ~SE : _, ~,.. ' '~' ~ ~.~ . The above and foregoing is a tdae and correct copy'of Ordi,4ancs 2, f- ~ which has been published acccraing to law. Clerk ~ Q~ -3- v' l ~ " · ..... ';:, ........., ...... ' · ~. , ,,~:~ , ... ~ ~ ,: ~ - , ~ ,,~/:-,~ :' ~ · "'~..,~.~',M,..,.¢-~ ~L- ~ ~ "~" "' ~"<t* ;~Z( g i;'..' ......- '~, =, ¥:~'.. ,~ ~ .;-- .; ~ .' :~:.. - .......- .~(/~:., , ~.:..~:~ -;;~,~&~. :'::::~ ~/~ '7~.~':' ' ~. ~ ~ --~-";:! ""i:;:::'~~ i, . ~.~.~:,:.~,::~:~,~'~:¢~ i:~:~?L,.~;:~; :; ~ I '..- -~ ~"~'i :, :;I .,:~",~ ,,;/:.~:~ Z-.~,, "~' ~ i; .. :'~:~:~.~ .,,.:, ~ . L :~.R· ' ~;., ,t&::;.;' ;~::'~ %~'~,- ~ I ; "': -"' "'R- '~-.' '-- ' .-., . _. ~..~' ~ ' '~:~ ~;~'~ ~:'~ " ~_. '. ~ '-, I '~ {~' ' NOTES