HomeMy WebLinkAboutOrdinance 196A O~¢,DINANCE 196 /x
AN INTERIM ORDINANCE PROHIBITING THE APPROVAL OF
SPECIFIED RESIDENTIAL DEVELOPMENT PROJECTS ON COMMERCIAL LAND
AND DECLARING THE SAME TO BE AN URGENCY MEASURE
TO TAKE EFFECT IMMEDIATELY
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
Section 1. Findings.
The City Council finds and declares as follows:
A. Of the approximately 8000 acres of land in Saratoga, 128 acres are designated for
commercial development. This is less than 1.6 percent of Saratoga's land area.
B. Commercial development in Saratoga is essential to meet diverse and growing local
needs for goods and services and to ensure that the City's economy continues to thrive.
C. The General Plan of the City of Saratoga allows residential development in
commercial areas subject to issuance of a conditional use permit. Commercially designated
parcels are discouraged but not prohibited from being developed entirely for non-commercial
uses. There is no minimum density requirement for residential uses of commercially designated
lands.
D. Current economic conditions in the City have created the potential for increased
residential development on lands designated for commercial purposes.
E. Premature development of commercially designated lands with non-commercial uses
could undermine the City's commercial land use base by precluding future commercial
development.
F. There is considerable uncertainty regarding the amount and type of new housing that
may be necessary in the City pursuant to state housing laws. Preliminary figures indicate that the
City could be obligated to provide up to an average of 30 new below market rate units per year.
G. The City of Saratoga plans to update its Housing Element and related provisions in its
Land Use and other General Plan elements in accordance with state law and has set a target date
of June 30, 2001 for completion of the Update. As part of the update, the City will be evaluating
the appropriate role of residential housing development on commercially designated lands in
light of the City's broader goals and objectives and the requirements of state law. This study is
expected to result in amendments to the City's General Plan and zoning ordinance.
1 Ordinance No. 3.3f~
II. Premature residential development of commercially designated lands could limit the
range of options available to the City in this planning process, limit the City's ability ~6 plan for
housing adequate to meet the needs of Saratoga residents all income levels, and result in land
uses that are inconsistent with the General Plan and zoning ordinance as amended as a result of
the planning process described above.
I, New and pending residential development applications'requiring authorization by the
City with respect to lands designated as "Commercial" in the General Plan may be in conflict
with any newly created policy or amendments the City Council eventually adopts. Therefore,
approval of such residential development applications constitutes an immediate threat to the
public health, safety and welfare.
J. This ordinance is not a project subject to the California Environmental Quality Act
(CEQA) pursuant to CEQA Guidelines section 15378, subdivision (b). In the event that this
· ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained.
in section 15061, subdivision (b) (3) of the CEQ,d, Guidelines, because it can be seen with
certainty that there is no possibility that it may have a significant effect on the environment. The
purpose of this ordinance is to prohibit on an interim basis, new residential development which
may be otherwise permissible under existing policies. The ordinance will not create a change in
the environment because it maintains the status quo. Any delay in development approval is only
temporary in nature, and would not indirectly or directly result in a physical change to the
environment.
Section 2. Regulation.
The following regulation is hereby imposed. This regulation shall prevail over any
conflicting provisions of the Saratoga City Code or the other ordinances, resolutions, policies,
and regulations of the City of Saratoga:
A. No application submitted aider March 15, 2000 for use permit or tentative
subdivision map, parcel map, or building site approval or amendment, to allow
for residential use on lands designated in the Saratoga General Plan as "Retail
Commercial," "Professional Administrative," "Gateway Landscaping," or Planned
Development -Mixed" shall be approved.
Section 3. Interim Urgency Ordinance.
Based upon the findings set forth in Section 1, above, this is an interim urgency ordinance
adopted pursuant to Government Code section 65858, and pursuant to the authority granted to the
City of Saratoga in Article 11, Section 7 of the California Constitution. This ordinance shall
therefore take effect immediately upon adoption. Unless extended in the manner required by
Government Code section 65858 this ordinance shall remain in effect until (1) 45 days from the
date of its adoption or (2) the threat to public health, safety, and welfare described in section 1 of
2 Ordinance No. 19 6 A
this ordinance has been ameliorated by adoption of the General Plan and zoning ordinance
amendments described in section 1 of this ordinance, whichever comes first.
Section 4. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every other section,
sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any
section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is
held invalid, the City Council declares that it would have adopted the remaining provisions of
this ordinance irrespective of the pbrtion held invalid, and further declares its express intent that
the remaining portions of this ordinance should remain in effect after the invalid portion has been
eliminated.
Section 5. Publication.
This Ordinance or a comprehensive summary thereof shall be published once in a
newspaper of general circulation of the City of Saratoga within fifteen days after its adoption.
The foregoing Ordinance was introduced and read at the regular meeting of the City
Council of the City of Saratoga held on the 15 th day of March., 2000, and adopted by the
following vote:
AYES: WALTONSMITH, BAKER.
NOES: STREIT
ABSENT:
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
APPROVED AS TO FORM:
CITY ATTORNEY
3 Ordinance No. 19 6 A