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HomeMy WebLinkAboutNS-3-ZC-75 AN ORDINANCE CONDITIONALLY RECLASSIFYING CERTAIN PROPERTY IN THE CITY OF SARATOGA TO AN R1-40,000- PC ZONING 'DISTRICT, TOGETHER WITH CERTAIN REASONS THEREFOR AND CONDITIONS THEREOF. WHEREAS, BLACKWELL HOMES, hereafter called Subdivider, has heretofore on or about OctOber 31, 1973 made application to this City to fezone certain property thereof, consisting of some 218 acres more or less, from R1-40,000 and A Zoning · Distr{~t' to RI~40~00-PC (single family're~idential~ planned' community) Zoning District classification, which reclassifica- tion is to be subject to certain conditions precedent in accord with Sections 4A.6 and 18.11 of Ordinance NS-3, and public hearings having heretofore been held thereon by the Planning Commission of this City on the following dates, to-wit: May 8, 1974, June 12, 1974, July 16, 1974, July 24, 1974, September 23, 1~74, January 22, 1975, February 26, 1975, March 12, 1975, April 23, 1975, May 28, 1975 and June 11, 1975, and thereafter said hearing being closed, and said Planning Commission there- after on the llth day of June, 1975 having affirmatively recommended to this Council that such application for rezoning be granted sub- ject to certain conditions, pursuant to their Resolution C-172-1, reference to which resolution is hereby made.for further par- ticulars, and WHEREAS, thereafter one or more public hearings having been held thereon by this City Council on the following dates, to wit: August 6, 1975, August 26, 1975, October l, 1975, November 5, 1975 November 19, 1975, December 9, 1975, December 17, 1975, January 7, 1976, Jan. 21, 1976' WHEREAS, an Environmental Impact Report having hereto- fore been required, and a draft report therefor having been prepared and filed, and thereafter various modifications, -1- ~m~ndm~nts and additions and additional input'being made to said draft report, 'and after-public hearings held thereon, the final Environmental ImpaCt! Report having been certlfiej pu~suant to R~solution No. 74~" 'of this Council. passed and'adopted on the 1st day of October , 1975, reference to the same being made for further particulars, and WHEREAS, based upon said Environmental Impact Report, th~ doun~il finding..~hat'~he he~i~after referred to rezoning ~ndI its resultant clust'~r'residential development '(herein- after called-the "project") as originally presented some significant effect on.-the environment, even though the net effect of such deyelopmen~ ~ouid.be 'to p.ermit less develop- ment of said real property than the .previous zoning thereon, and further finding that such project in its present form has been substantially modified to minimize any such possible adverse effects~ and tP [he extent. that there remain any factors ha~ing posSible'adverse effects., the'conditionsand Criteria of development hereinafter referred to, imposed 'and required by this City will alleviate such ~ffects to the greatest extent reasonably feasible, and this Council finding that the landowner's right and ability .to ~evelop such property in a reasonably and eConomiCally feasible manner,.giving due regard to such development's effect on the environment, is a viable consideration which has been carefully. weighed and evaluated in the making of [he hereipaftpr se~ forth decision to approve said' project, and ' ' WHEREAS, this Council hereby finding that the herein- 'after referred to zoning reclassification, as well as the proposed development as shown and. delineated on the Site Deve!~pm~t Plan heretofore a~pro~ed by the Plan~ing CommisSion of this City and h~reinafter referred to, is consistent with the Saratoga General Plan and with' all specific plans relating thereto, and the development is compatible with the objectives, policies and general land uses and programs as specified in said General Plan for said area, and the Planning Commission of this City having heretofore complied with Section 18.6 of Ordinance NS-3, and good cause appearing therfor, NOW, THEREFORE, the City Council of the City of Saratoga hereby ordains as follows: Section 1: Sectional District Map No. ZC-75 attached hereto and incorporated herein by reference is hereby con- ditionally adopted pursuant to Section 18.11 of Ordinance NS-3 of the City of Saratoga. Upon compliance by Subdivider of all conditions attached hereto as Exhibit "A" and incor- porated herein by reference, within the time limits as therein set forth~ then and at that time so much of the Zoning Map of the City of Saratoga as is in conflict with the cross- hatched are shown in the above-described Sectional District Map shall be superseded and repealed. Section 2: This Ordinance conditionally reclassifies certain property shown on the attached Section District Map from said rezoning to become effective at such time as all conditions set forth on Exhibit "A" hereof have been substantially complied with, in accord with the time limits therein set forth. In the event that said conditions are not all performed within the time limits as therein set forth, said reclassification shall not become effective for any purpose. In determining "substantial compliance" with Condition (1) on Exhibit "A" hereof, the same shall not include any increase in the number of residential units permitted above the number as shown on said site development plan, but any reduction in the number of residential units shall not violate substantial compliance. In the event that any major change or alteration to such site development plan is proposed, it shall be within the purview of the Planning Commission to require, if it deems the same necessary, a noticed public hearing thereon prior to such change or alternation being permitted. Section 3: All recitals in the preamble to this Ordinance are hereby specifically referred to and incorporated herein by ref- erence. Reference is hereby made to the Zoning Administrator's Staff Report dated June 10, 1975, Planning Commission File #C-172 in relation to this project, which report constitutes a report of certain of the findings of the Planning Commission on their affirm- ative recommendation of this rezoning by this Council. It is additionally found and determined that among the mitigating factors and other considerations taken into account by this Council in adopting the within rezoning are, in addition to the conditions attached hereto on Exhibit "A", the Soils and Geology study referred to in Subdivision (B) of said Staff Report, the Convenants, Conditions and Restrictions referred to in Subdivision (C) of said Staff Report, the detailed landscape plan referred to in Subparagraph (D) of said Staff Report, and the additional provisions of Subparagraphs (E) through (J) of said Staff Report, and all of the requirements therein are hereby impos~d"in theldeve!opment of said property, andsthe'Planning CommiSsion of the'Cit~is hereby requested and directed to impose all of said regulations and criteria in said development, and additionally to include review of all hydrologic and drainage plans necessary to mitigate any possible floSding problems related to the development of this ~ite, so as to insure that the development itself, as distinguished from the rezoning of the property, will have and continue to have a minimal effect on the environment. -3- Section 4: The within Ordinance shall become operative and take effect from and after thirty (30) days from the date of its passage and adoption, save and except that this Ordinance shall not become operative or become in force or effect as to that certain 17+ acre parcel more particularly described in that certain William- son Act Contract dated January 19, 1972, and ~ecorded February 9, 1972 in Book 9697 at Page 511, Santa Clara County Official Records, until such time as said Contract is no longer in force and effect by reason of its concellation, application for which cancellation must be to the City Council prior to approval of Tentative Map for said development. Thi§ Ordinance was regularly introduced and after the waiting time required by law, and after public hearings held thereon by the Planning Commission and City Council of this City, was thereafter passed and adopted this 4th day of February , 1976, by the following vote: AYES: Councilmen Bridges, Kraus, Corr, and Matteoni NOES: Councilman Brigham ABSENT: None MAYOR y The above and fore.e i~g is a true and correct coF.,' :~ ," :n~..-T!~ "'~_!~:.zc-.E.Z~:~hich has be~: Deputy City Clerk ~ -4- EXHIBIT "A" Conditions of Classification Blackwell Homes C-172 (1) The entire site shall be developed in accord with the final Site Development Plan dated the 29th' day of Ma , 1975, prepared as Job No. 1980 by Jennings-McDe"~'~'~t & HeissL~aa~n~resently on file as Exhibit "A-9" of File C-172, at the offices of the City of Saratoga, which Site ~lopment Plan was heretofore approved on the llth day of June , 1975, by the Planning Commission of this City, as modified by the Planning Commission on January 28, 1976, and BuildingPermi ts shall have been issued and construction commenced no la.ter than one (1) year from date of this Ordinance, and that development thereafter shall pro- ceed at a rate of not less than 25% of the project per year as measured in housing unit starts, and all of said development shall be completed within five (5) years from date hereof. (2) Blackwell Homes shall enter into a written contract with the City of Saratoga, secured~by good and sufficient bond or bonds, agreeing tobe responsible for the care, maintenance and operation of all areas, buildings and facilities not dedicated to public use, but which are intended for the common use of the residents of said property, if any, in accord with Section 4A. 6(a)(2) of Ordinance NS-3 of the City of Saratoga. A,~;ar~ R-I-40, OOO b R'I-40, ooOF'C.