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Ord 1808 - An urgency interim zoning ordinance establishing a temporart prohibition on applications for certain types of improvements to property in the area bounded by Short Rd, Blossom Hill Rd, Harwood, Hicks Rd, and Shannon Rd.ORDINANCE 1808 AN URGENCY INTERIM ZONING ORDINANCE ESTABLISHING A TEMPORARY PROHIBITION ON APPLICATIONS FOR CERTAIN TYPES OF IMPROVEMENTS TO PROPERTY IN THE AREA BOUNDED BY SHORT ROAD, BLOSSOM HILL ROAD HARWOOD ROAD, HICKS ROAD AND SHANNON ROAD THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS: SECTION I. FINDINGS Pursuant to Government Code Section 65858, the Council hereby finds that there is a current and immediate threat to the public health, safety, and welfare in that the subdivision of properties and construction of roads, structures, fences and adverse environmental impacts resulting from the construction of such physical improvements in the Study Area delineated on the map attached hereto as Exhibit A and incorporated by reference herein, would cause severe environmental damage and loss of wildlife habitat and that development applications for property in the Study Area would further exacerbate the problem by the construction of buildings and other improvements in a manner that would affect the Town's ability to meet the policies as stated in the land use, circulation, open space and conservation and historic preservation elements of the General Plan and the Hillside Specific Plan. These consequences would create a threat to public health, safety and welfare, as follows: 1. Environmental studies, field studies, and neighborhood responses to completed environmental analysis have identified the Study Area as having unique environmental characteristics, including open space wildlife habitat areas, scenic vistas, and woodland areas. It is the policy of the Town to preserve such distinctive and unique environmental areas. 2. The study Area contains many physical constraints to development including steep slopes, potentially geologic instability, lack of adequate vehicular access and erosion of water channel areas. If the vacant properties in the Study Area are developed without regard to surrounding development, cumulative environmental impacts will occur. 3. The natural resources within the Study Area in close proximity to a highly urbanized area is a unique opportunity for the community, and the indiscriminate development of the area could result in the permanent loss of these resources. 4. Three development applications covering 185 acres have been received for which draft environmental impact reports have been prepared. One additional development application has been received for a five acre parcel and development proposals are expected to be submitted for an additional 110 acres. 5. While various planning and environmental studies were completed for the General Plan and Hillside Specific Plan, there has never been a detailed comprehensive Open Space or Environmental Study for the Study Area. Such a study would be prepared by a qualified consultant to identify and inventory the natural resources and develop guidelines that would preserve these resources. 6. The unique environmental resources of the Study Area will be preserved by the findings and recommendations that will be developed by the proposed study. Proposed development projects may be incompatible with the unique mountain environment and rural density of the Study Area. These projects will result in significant increases in traffic that will travel through existing residential areas and the loss of an open space network which allows wildlife to migrate between the remaining habitat areas. 7. Owners of existing residences within the Study Area should be able to obtain any type of permit for the maintenance and expansion of existing single - family residences, or accessory structures, and owners of vacant lots should be able to obtain any type of permit for the construction of a single - family residence or accessory buildings as many be permitted under the requirements of the Zoning Ordinance. 8. In certain instances, such limited residential development in the Study Area should be allowed if the development complies with all of the Town's regulations and the design criteria established in the Hillside Specific Plan, providing the development does not preclude the Town from implementing the objectives of the Open Space Study or conflict with the Town's desire to protect the unique mountain environment of the Study Area. It is, therefore, necessary to adopt this Urgency Interim Zoning Ordinance which temporarily restricts the types of applications that may be accepted for property located in the Study Area. - 2 - SECTION II. PROHIBITED ACTIVITIES No land can be subdivided nor can any use located within the Study Area be allowed to expand or intensify in any manner that would cause an increase in traffic determined by the Town Engineer, or that would involve the construc- tion of any physical barrier to the use and enjoyment of any existing open space areas, except those activities relating to one single - family residence on a single existing lot. SECTION III. PROHIBITED ENTITLEMENT AND EXCEPTIONS The Town shall not accept nor process applications for subdivision new uses, new construction, or remodeling in the Study Area EXCEPT AS FOLLOWS 1. Any type of development permit for the construction of single - family residence, or any accessory structure used in conjunction with the residential use of property on an existing lot. 2. Development permits for minor remodelings which do not intensify the use of the property. 3. Building Permits for minor remodelings which do not intensify the use of the property. 4. Development applications that comply with all Town regulations and traffic policies and the design criteria established in the Hillside Specific Plan, providing the development could not affect the Town's ability to study and establish guidelines for the development of property in the Study Area. 5. Subdivision and zoning approval applications submitted prior to the effective date of this Ordinance may be processed but not acted upon. J For the purposes of this section, intensification shall mean an increase in the number of principle non - residential structures, the amount of traffic generated by the use, or any subdivision. - 3 - SECTION IV. This ordinance shall take effect immediately and shall be of no further force and effect after January 18, 1990. SECTION V. The ordinance is effective immediately. Within 15 days after this ordinance is adopted, the Town Clerk shall cause it to be published once in a newspaper of general circulation published and circulated in the Town. This ordinance was introduced and adopted by the following vote as an Urgency Interim Zoning Ordinance of the Town of Los Gatos at a regular meeting for the Town Council on December 4, 1989• AYES: COUNCIL MEMBERS Joanne Benjamin. Eric D. Carlson Brent N. Ventura, Mayor Thomas J. Ferrito NOES: COUNCIL MEMBERS Robert L. Hamilton ABSTAIN: COUNCIL MEMBERS AbbEN1': UUUN SIGNED: ATTEST: ` LERK OF THE TOWN OF LOS TOS PL04\cnc1rpts\11 -27#4 - 4 - m zs 1 : �- - - -� � '' -_ 'f � --sr ✓fir `�� j. `` m -`'� `� - ti r 3r f , t X 41 _ may ee s `� 2 0' It if -- v _ 1 2 I N *W® Em 1 8 1 r w