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HomeMy WebLinkAboutCity Council Resolution 956 RESOLUTION NO. 956 A RF.SOLUTION OF THE CITY OF SARATOGA DISAPPROVING APPLI- CATIONS FOR LAND DEVELOPMENT WITHIN THE NORTHWEST HILLSIDES AREA PURSUANT TO THE PROVISIONS OF MEASURE A, AN INITIATIVE ORDINANCEJ AND TITLE 7J CHAPTER 4.5 OF THE GOVENMENT CODE OF THE STATE OF CALIFORNIA RELATING .TO DEVELOPMENT PROJECTS. 1. WHEREAS, on April 8, 1980, a majority of the voters of the City of SaratogaJ State of California, did vote in favor of an Initiative Ordinance popularly referred to as Measure A, and said Initiative Ordinance went into effect on April 25th, 1980, the same having been adopted 10 days earlier upon declaration of the vote by the City Council of the City of Saratoga; 2, WHEREAS, Section 7 of Measure A requires that pending the final completion of a Specific Pla.n for the area depicted in Exhibit A attached hereto, commonly referred to as the Northwest Hillsides Area, no zoning changes, land divisions, subdivisions, b·..::.::..ld::..~g or gradjng permits for the construction of a new residence or other land development approvals of any kind sh8.ll be issued in sai.d Northwest Hillsides area, nor any applications accepted therefor, except for lots which received final approval two or more years prior to April 25th, 1980 or by hardship exceptions granted by the City Council of the City of Saratoga pursuant to the provisions of Measure A; .3. 1;.JHEREAS, state law, specifically Title 7, Chapter 4,5 of the Government Code of the State of California at §65920, et seq requires that the City of Saratoga approve or disapprove applications for development projects of the sort described in Paragraph 2, hereof, vIi thin one year of the date on which such app liea tions have been received and aec(~pted as complete. or as soon thereafter as feasihle, '.,,,,~~ 4. WHEREAS, Measure A provides in Section 3 for the Specific Plan for the Northwest Hillsides Area to be completed within one year from April 25th, 1980 or as soon thereafter as feasible; 5, WHEREAS, the applications listed in this paragraph were pending before the City of Saratoga on April 25th. 1980 and relate to development within the Northwest Hillsides Area. are for types of land development prohibited in Section 7 of Measure A, had not received final lot approval two years or more prior to the effective date of Measure A and have not been granted exception from Measure A by the City Council of the City of Saratoga, to wit:' 1, Applications Processing Toward Tentative Approval. SDR 1376, DiGiovanni, Via Regina. I lot SDR 1407, Horvath. Mt. Eden Rd., 6 lots SDR lItl2, Mathot. Comer, 6 lots' SD 1431, Fremont, Prospect, 73 lots SD l!t44 , Martinez J Comer. 2 lots 2. Final Map Appro~als SDR i259, Pike Road, Joseph Politi TR. 6628, Tollgate Road, McBain & Biggs TR. 5928. Pierce Road, Marie Gasper TR. 6526, Prospect Road, Parker Ranch, Unit I 3. Building & Grading Permits -Applied For But Not Issued. ---- Picea Court;: SJvnv/Parker Ranch; Grading Permit for Water Tank; Pike Road; SJWW!Parnas Corp; Building and Grading Permit for water tank; Tollgate Road; McBain and Gibbs; Grading Permit; Tract 6628 6. WHEREAS. the City of Saratoga may find it necessary or desirable to take the entire year, or greater, to complet.e the Specific Plan for the Northwest Hillsides Area and cannot approve the foregoing applications dUI~ing the period of preparation of said Specific Plan; 7. WHEREAS, there is thus created a danger that some or all of the fore¡súi..1g applicatiorLs wOllld 1;.2 J~C,:H':G ~ppr(}ved by the " .' -2- City of Saratoga by the failure of s'aid city to approve or disapprove such applications within a year of the period that they were accepted and that such approval would violate the prohibitions of Section 7 of Measure Ai 8. WHEREAS. disapproving said applications without prejudice to the right of the applicants to renew their applications upon completion of the Specific Plan for the Northvlest Hillsides Area and without prejudice to the right of the applicants to make application to the City Council of the City of Saratoga for an exception Measure 4 will preserve the right of the applicants to present their applications to City of Saratoga in a lawful manner; 9. NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SARATOGA THAT: Each of the applications listed in Paragraph 5 hereof is hereby disapproved, pursuant to Government Code Section 65950 and all other applicable provisions of law, without prejudi.ce to the right of the applicants to make application to the City Council of the City of Saratoga for the grant of a hardship exception pursuant to the terms of Measure A and without prejudice to the right of the applicants to renew their applications upon comple.tion of the Specific Plan for the Northwest Hillsides Area upon a date to be designated by the City Council of the City of Saratoga, The foregoing Resolution was adopted by the City Counci.l of the City of Saratoga at a regular meeting held on the 21st day of May , 1980 by the following vote: AYES: NOES: Councilmembers Callon, Mallory, Jensen_~ Clevenger, Watson None "Î /'-1 \ .-., /" -- .' ..' """'~ iJ (I,·,/. ¿:.? .t::;? ';;>~~¿'----"'¡;'<---C--'c~ - ¿ ---.. MA YOR--'----- . ABSENT: None