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.
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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:
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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.
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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
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