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HomeMy WebLinkAboutNS 3.55 ORDINANCE NO. NS- 3.55 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING ORDINANCE NS-3, THE ZONING ORDINANCE, BY ESTABLISHING AN AGRICULTURAL PRESERVE/ OPEN SPACE OVERLAY DISTRICT ON CERTAIN LAND PRESENTLY ZONED "A" OR "NHR." The City Council of the City of Saratoga does hereby ordain as follows: Article 3C is hereby added to Ordinance NS-3 of the City of Saratoga to read as follows: ARTICLE 3C. AGRICULTURAL PRESERVE/OPEN SPACE OVERLAY DISTRICT Section 3C.1 - Purposes In addition to the objectives set forth in Section 1.1, the Agricultural Preserve/ Open Space Overlay District is included in the Zoning Ordinance to achieve the follow- ing purposes: (a) To satisfy legal requirements with respect to the zoning classi- fication of land on which Williamson Act contracts may be executed and ~enewed, 'thereby encouraging and preserving such contracts in accordance with the policies set forth in the Saratoga General Plan and the NorthwesteKnHillside .,. Specific Planj (b) To implement the open space element of the Saratoga General Plan. Section 3C.2 - Definitions. In addition to the definitions set forth in Section 1.5, all of which are appli- cable to this Article, the following definitions shall also apply to certain terms used herein: (a) Williamso'n~ Act. 'The.Califor6ia'Land Cons~'rvation Act of 1965, as Set forth in Chapter 7 (commencipg with.section 51200) of 'Part 1, Division l, Title 5 of the California GoVernment Code. (b) Williamson Act contracts. ~Agreements between the City of Saratoga and the l'andowner executed pursuant to the Williamson Act and the ruies and regulations adopted by the City of Saratgga for the conduct of proceedings thereunder. .' (c) Ag~iC~'lt, ra'lP~eserVe. A parcel or area of land devoted to either agricultural use, recreational use, open space use or any combination of such uses, as defined i~ Section 51201' of the Williamson Act. ,(d} Open space. A parcel or area of land which is essentially unimproved and devoted to ,open space as defined in Government Code Section 65560 (b) (e) AP/OS'Overlay. The Agricultural Preserve/Open Space Overlay District established by this Article. (f) Underlying Zoning. The zoning classi ficaticn of a parcel or areaof land in the absence of the AP/OS Overlay District. Section 3C.3 - Establishment of AP/OS Overlay District. An Agricultural Preserve/Open Space Overlay District is hereby established upon all parcels or areas of land designated "AP/OS Overlay" on the Overlay Zoning Map approved as part of this Ordinance and such lands are hereby designa- ted as agricultural preserves and open space lands, all such lands being subject to Williamson Act contracts as of the effective date of this Ordinance. Section 3C.4 - Land Uses. Each parcel or.area of land within the AP/OS Overlay District shall be used only for the purposes expressly permitted under the terms of the Williamson Act Contract ap~cable to such land. Section 3C.5 - Termination of Overla~, District Restriction. Upon the effective date of any expiration or termination of a Williamson Act contract covering any parcel or area of land within the AP/OS Overlay District, such land shall automatically be removed from the AP/OS Overlay District and shall thereafter be classified solely according'to the district of the underlying zoning for such land. Nothing herein shall prevent the subsequent execution of a new Williamson Act contract pertaining to such land, in which event the land shall again be included wi.thin the AP/OS Overlay District. Section 3C.6 - Status o~.Ex~st~ Williamson Act Contracts. This article shall not constitute or be interpreted as causing any altera- tion, amendment or impairment of any Williamson Act contract which has not expired or been terminated as of the effective date of this Ordinance, and all such contracts are hereby ratified, acknowledged and confirmed by the City of Saratoga and declared to be in full force ~nd effect. If any section, subsection, sentence, clause or phrase of this Ordinance is for any re~Son held by a court of competent jurisdiction to be invalid or unconstitutional such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed th~s Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. This Ordinance shall take effect thirty (30) days after its passage and adoption. 2 The foregoing ordinance was regularly introduced and after the waiting time required by law was thereafter passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 5th day of January, 1983, by the following vote: AYES: Councilmembers Clevenger, Fanelli, Mallory, Moyles, andMayor C a lion NOES: None ABSENT: None c~/r~~M a y or~ ATTEST: y The above and ~oregoing is a true and correct City C]erk copy of O,'cq_apc:e ,z-2_~.3_,_--~"~_ which has been published accc~r-.,:,:,'~ ~::, Dep.ty City Clerk L 3