HomeMy WebLinkAboutOrdinance 198 ORDINANCE
AN ORDINANCE EXTENDING THE TERM OF
ORDINANCE 196A 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. On March 15, 2000 the City Council of the City of Saratoga by a 4/5 vote
adopted Ordinance 196A prohibiting the approval of specified development projects on
commercial land and declaring the same to be an urgency measure to take effect
immediately; and
B. For the reasons set forth in section 1 of Ordinance 196A, the City Council
wishes to extend the term of said Ordinance as authorized by Government Code section
65858.
C. This ordinance is not a project subject to the Califomia 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 CEQA 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. Amendment.
Section 3 of Ordinance 196a is hereby amended as set forth below. In this section,
1 Ordinance No. ~98
text to be inserted into Ordinance 196A is indicated in bold italic type while text to be
stricken is presented in str-ikettmmgh type; text in standard type currently appears in the
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 mavmer required
by Gove~_'v. ent Code section 65858 th. is This ordinance shall remain in
effect until March 15, 2002, provided, however, that this ordinance shall
terminate on December 31, 2000 if the regulation adopted by Section 2 of
this ordinance is not reaffirmed and readopted by the voters at the next
regularly scheduled municipal election; this ordinance will also terminate
upon a determination by the City Council supported by substantial
evidence that r~ Aq ~ .... c.^.~ ,h~ ~o,~ ^r;,o ~^..,; .... ro~ the threat to
public health, safety, and welfare described in section 1 of this ordinance
has been ameliorated by adoption of the General Plan and zoning ordinance
amendments described in section 1 of this ordinance., w~icb.~ver comes
Section 4. Urgency Measure.
Based upon the findings set forth in Section 1 of Ordinance 196A, 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.
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.
2 Ordinance No.
The foregoing ordinance was introduced and read at the regular meeting of the
City Council of the City of Saratoga held on the 19 eh day ofap_ril_, 2000, and adopted
by the following vote:
AYES: Waltonsmith, Baker, Mehaffey, Bogosian
NOES: Streit
ABSENT: None
MAYOR, CITY RATOGA, CALIFORNIA
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
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3 Ordinance No. _~ .9.8