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HomeMy WebLinkAboutNS-3-ZC-104 ORDIN/x3qCE NO./' Ns-3-zc- ~ 04 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING AMENDMENT TO ZONING DISTRICT BOUNDARY BINICLEY; 13570 PIERCE ROAD AND DECLARING THIS TO BE AN URGENCY MEASURE The City Council of the City of Saratoga hereby Ordains as follows: WHEREAS; the applicant is requesting a Zoning District amendment in order to realign a boundary between a Hillside Residential District and an R- I -40,000 District to be consistent with the realigned property line for that portion of Assessor Parcel Numbers 503-14-044 (Parcel A) and 503-14-022 (Parcel B) per Exhibit "A", attached hereto; and WHEREAS, the Planning Commission held a public hearing On the proposed amendment on March 27, 1996 and recommended approval thereof; and WHEREAS, the City Council held a public hearing on the proposed amendment on June 5, 1996 and June 19, 1996; and WHEREAS, due to the fact that the requested Zoning District amendment also involves a General Plan Amendment subject to Measure G adopted by the voters on March 26, 1996, action on the Zoning District amendment proposal could not occur until the voters had acted favorably on the proposed General Plan Amendment, and a favorable vote was made on November 5, 1996 by approval of Measure K; NOW, THEREFORE, the City Council of the City of Saratoga hereby ORDAINS as follows: Section 1. That the proposed amendment to the Zoning District boundary per "Exhibit A" is hereby approved, and the following findings are hereby made: · The City Council has determined that the proposed amendment to the Zoning Ordinance is consistent with the goals, policies and objectives of the City's General Plan and Area B Plan Guidelines; · The City Council has determined that the proposed amendment to the Zoning Ordinance is consistent with the existing zoning districts and the development in the vicinity. Section 2. This ordinance is hereby declared to be an urgency ordinance and shall take effect immediately in order to preserve the public health, safety and welfare. The City Council hereby finds and declares that: (a) Measure K, which passed by a favorable vote of the electorate on November 5, 1996 authorizes a favorable action by the City Council on the proposed General Plan Amendment. (b ) Once the City Council certified the results of the election, including Measure K in December, 1996, the City Council was authorized to take favorable action on the proposed General Plan Amendment. (c) Until the City Council takes favorable action on the General Plan Amendment and on the amendment to the Zoning District Boundary, the proposed lot line adjustment will not become effective. (d) Until the proposed lot line adjustment becomes effective, the parcels as revised by the lot line adjustment cannot be sold. (e) A pending sale of one of the parcels with the proposed lot line adjustment may be in jeopardy of being canceled if the lot line adjustment is delayed by having to wait the normal time period for the adoption of this ordinance. Such delay could lead to expensive and protracted litigation, causing a potential threat to the City's financial well being, given the existence of significant fiscal problems currently facing the City, including a potential 20% reduction in future revenue. Section 3. The tide of this ordinance shall be published once and the City Clerk shall post a complete copy thereof on the Civic Center bulletin board for five (5) days following its adoption. This ordinance shall be in full force and effect immediately upon its adoption. The above and foregoing Ordinance was regularly introduced passed and adopted at a regular meeting of the City Council of Saratoga held on the 19thday of March , 1997, by the following vote. A'D~S: Councilmembers Bo~osian. Jacobs, Shaw, Wolfe, and Mayor Moran NOES: None ABSENT: None ATTEST: Cityl'k% MSR:dsp March 5, 1997 J:\WPDMVINRSW~73\ORD.97~BINKLEy. AMD The above and fore oing is true and correct copy of Ordinance:~::-~-_ which has been publisheci according to law.