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Ord 1769 - 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 ROADORDINANCE NO. 1769 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 wel- fare in that the subdivision of properties and construction of roads, structures, fences and adverse environmental impacts resulting from the con- struction 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, circu- lation, 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 the already completed environmental work 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 restraints to development includ- ing steep slopes, potentially geographic instability, lack of adequate vehicular access and erosion of water channel areas that, while having no impacts if the vacant properties in the study area are left in their current undeveloped state, may have significant cumulative impacts based on piecemeal study and development. 3. The availability of this much undeveloped and underdeveloped property so close to the highly urbanized area is unique, and the indiscriminate development of the area could result in the permanent loss of even lim- ited public access, usage and open space vistas. 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 inquiries received by town staff indicate development proposals at various levels of preparation for another approximate 110 acres in the proposed Study Area. 5. While various planning and environmental studies were completed for the General Plan and Hillside Specific Plan proceedings, there has never been a comprehensive open space or environmental study of this proposed level of detail prepared for this area. Such a study would be contracted for and completed to identify, inventory, develop guidelines, and identify resources. 6. The unique environmental character of the Study Area is intended to be preserved by the findings and recommendations that will be developed by the proposed study. Physical development which is included in current plans for new development projects may be incompatible with the unique character and the low concentration of residents now living in the Study Area. These projects could result in significant increased in traffic through existing residential areas, and the loss of continuous open space which allow wildlife movement between the remaining habitat. -2- 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 permitted 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 thwart the Town's desire to develop standards for the environmental protection of the area. It is, therefore, necessary to adopt an urgency interim zoning ordinance that will temporarily restrict the types of applications that may be accepted. 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 an 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 ENTITLEMENTS 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: -3- 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 the property on an existing lot. 2. Development permits for minor remodelings which do not intensify the use of the property. 3. Building permits or other entitlements for any development that has a valid zoning approval as of the date of adoption of this ordinance. 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. 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. SECTION IV. This ordinance shall take effect immediately and shall be of no further force and effect after January 12, 1 989• SECTION V. This Ordinance is effective immediately. Within 15 days after this ordi- nance is adopted the Town Clerk shall cause it to be published once in a newspa- per of general circulation published and circulated in the Town. -4- This ordinance was introduced and adopted by the followin vote as an Ur- adjourned gency Interim Zoning Ordinance of the Town of Los Gatos at a /regular meeting of the Town Council on November 28 1988. AYES: COUNCIL MEMBERS Eric D. Carlson, Thomas J. Ferrito, Brent N. Ventura and Mayor Joanne Benjamin NOES: COUNCIL MEMBERS Robert L. Hamilton ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None SIGNED: 6 / MAYOR OF THE TOWN 0 LOS GATOS ATTEST: �J SR. DEPUTY CLERK OF 7OWN OF LOS GATOS PLN01:TC11 /21 #7 -5- ♦ y _ 1 JL _ 7 A , L Al