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.
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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.
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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
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