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Ord 0387-ORDINANCE OF TIM TOWN OF LOS GATOS APPLYING CERTAIN REGULATIONS TO THE USE OF LAND, BUILDINGS AND STRUCTURESx ~ ORDINANCE NO. 387 AN ORDINANCE OF TIM TOWN OF LOS GATOS APPLYING CERTAIN REGULATIONS TO THE USE OF LAND, BUILDINGS AND STRUCTURES AND TO THE ERECTION 9 CONSTRUCTION, MOVING, CONVERSION, REMODELING AND ALTERATION OF BUILDINGS, AND STRUCTURES WITHIN THAT PORTION OF THE TOWN OF LOS GATOS KNOWN AS KENNEDY ROAD N0. 1 ANNEXATION FENDING THE ADOPTION BY THE TOWN COUNCIL OF TIE' TOWN OF LOS GATOS OF A PRECISE ZONING FLAN FOR SAID PORTION OF SAID TORN. WHEREAS, the Town Council of the Town of Los Gatos did on the 3161 day of October, 1955, adopt Ordinance No. 383 of said Town, which said ordinance approved the annexation to the Town of Los Gatos of that certain territory known as Kennedy Road No, I Annexation, a more precise description of which is attached hereto and marked ffExhibit At. AREAS, the Town Council in accordance with .-.Section 65805 of the Government Code of the State of California desires in said newly annexed territory known as Kennedy Road No. 1 Annexation to protect the public safety, health and wel- fare, by the adoption of a temporary interim zoning ordinance, and WHEI:EAS, the Town Council of the Town of Los Gatos declares that it intends and proposes to make various studies of planning, zoning, building regulations and related subjects with respect to the Kennedy Road No. 1 Annexation and that a careful study and thorough analysis of all the facts in the preparation of said regulations will require considerable time to elapse before the adoption of such regulations, and i WIMREAS it is therefore essential that restrictions and regulations of an interim nature be adopted to assure the orderly and harmonious development of the said area, protect its character and stability, assure sound, fair land use in general and otherwise protect the public interest, health, safety, comfort and convenience, and welfare until time is had to study and analyze and develop a permanent plan and enact an appropriate` ordinance, N4 1933THE EFORE, T TORN COUNCIL. OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOTf'S: Section 1 In all of the area designated as Kennedy Road No,.l Annexation TO the Town of Los Gatos, which said annexation is more particularly described in "Exhibit An attached herewith, no use of any land, building or other structure shall hereafter be established or conducted and no present use of any land, building or other structure shall hereafter beextended or enlarged and no building or other structure shall hereafter be erected, con- structed, moved, converted, remodeled or altered unless and until a permit therefor shall first have been obtained from the Town Planning Commission of the Town of LOS Gatos, provided, however, that a single family dwelling having a front yard of not less than 25 feet, side yards of not less than 8 feet and a rear yard of not less than 20 feet, constructed on a lot having its principal front- age upon a street, and having an area of not less than 8;000 feet, may be constructed witho square ut obtaining the permits required by this ordinance. -1- h + Section 2: Application for any such permit shall be made to the Town Planning Commission which shall. upon the receipt thereof, consider the same at its next succeeding regular meeting. After consideration of said application the Planning Commission may issue said permit if a majority of its members determine that the proposed use, building or structure or the establishment, conduct, extension, enlargement, erection, construction, moving, conversion, remodeling or alteration thereof will not be detri- mental to the character or development of the neighborhood or will not otherwise adversely affect the welfare of the neighbor- hood or of the Town of Los Gatos; if a majority of its members determine that the proposed use, building or structure or the establishment, conduct, extension, enlargement, erection, con- struction, moving, conversion, remodeling or alteration thereof will be detrimental to the character or development of the neighborhood or will otherwise adversely affect the welfare of the neighborhood or the Town of Los Gatos, the Town Planning Commission may refuse.to issue a permit. Any person objecting to the decision of the Town Planning Commission may appeal the same to the Town Council who shall have power to issue or deny the said permit. Section 3: All 'departments, officials and public employees of the Town of Los Gatos which are vested with the duty. or authority to issue permits or licenses shall conform to the provisions of this ordinance and shall issue no such permit or license if the same would be..in conflict with the provisions of this ordinance, and'any such permit or license, if issued in conflict with the provisions of this ordinance, shall be null and void. Section 4: Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing. the violation of any of the provisions of this ordinance shall be guilty of a misdemeanor.and upon conviction thereof shall be punishable by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the County Jail of the County of Santa Clara for a term not exceeding six (6) months, or by both such fine and imprisonment. Such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable as herein provided Section 5: The use of any land, building or other structure hereafter established or conducted or the present use of any land, building or other structure hereafter extended or enlarged or the erection, construction, moving, conversion, re- modeling or alteration of any building or other structure contrary to the provisions of this ordinance shall be and the same is hereby declared to be a public nuisance, and the Attorney for the Town of Los Gatos shall, upon order of the Town Council, immediately commence action or proceedings for the abatement or removal or enjoinment thereof in the manner provided by law. -2- Section 6 The remedies provided for in Section 4 and in Section 5 of this Ordinance shall be cumulative and not exclusive. Section 7: This Ordinance is hereby declared to be of temporary nature only and to Serve only until such time as the Town Council of the Town of Los Gatos shall establish by Ordinance a revised comprehensive zoning plan after study and analysis has been prepared. Section 8: This ordinance shall be and is hereby de- clared to be an emergency measure and shall take effect im- mediately, the facts of such emergency being as follows: the territory known as Kennedy Road No. 1 Annexation, having been withdrawn from the unincorporated area of Santa Clara County, is without planning or zoning regulations of any kind, and this Council finds and declares that without such zoning regulations the said territory which has heretofore been in highly restricted residential use will, because.of'lack of such regulations, be ,subject to the intrusion of industrial, commercial and excessively dense residential uses which, because of presently inadequate urban services would be harmful to the public health, safety, welfare and detrimental to property values in the said area; and because of the imminent damage of the location of such detrimental land uses in the said territory the immedia.te_preser- vation of the public peace, health, safety and welfare requires the immediate adoption of this ordinance regulating zoning within the area. Section 9: This ordinance shall be published once in the Los Gatos Times-Saratoga Observer, a newspaper published in the Town of Los. Gatos. The above and foregoing ordinance was duly and regularly introduced at a regular meeting of the Town Council of the Town of loos Gatos held on the 5th day of December, 1955, and there- after at a continued >regular meeting held on the /.1 '"=4 day of 1955 duly and regularly adopted by the following vote: AYES: ~aG-/ v?' , NOES: AB SENT : ..A~RRf3 D M or ATTEST: To `n Clerk I Beginning on the east line of the Toim Limits, Town of Los Gatos, at the intersection of the south line of the sub- division shown upon that certain map entitled ?'Map of Ramel- ~-iewlp, which nap was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on April 1, 1929 in Book 1 of INIaps, Page 30; thence south- easterly, northeasterly and further northeasterly along the various courses and distances of the southerly and south- easterly lines of said Ramelview Subdivision to the point of intersection with the southwesterly line of that certain parcel of land described as Parcel 5 in the Deed from L. N. Ball and Anita H. Ball to L. N. Ball and Anita H. Ball, as Joint Tenants, dated June 11., 1954, recorded June 15, 1954 in Book 2895 Official. Records, ?age 160, Santa Clara County Records; thence southeasterly along said southwesterly line to-the southeasterly corner of aaid parcel;,-thence further southeasterly along the southeasterly prolongation of said southwesterly line to the point of intersection with the' westerly line of that certain parcel of land as described,in the Deed from Maude Call to jack Call and Anne Odette Call, dated June 16, 1955, recorded June 22, 1955, in Book 3205 Official Records, Page 293, Santa Clara County Records; thence southwesterly, southerly and southeasterly along the various courses and distances of the westerly and southerly boundary of said last named parcel to the most southerly point thereof, being also a point on the westerly boundary of the subdivision shoim upon that certain map entitled "Crescent Hill"S which map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on July 23, 1929, in Book X of 1,1Iaps, Pages 46 & 47; thence northerly along said westerly boundary of said Crescent Hill Subdivision to the most northwesterly corner of said rescent Hill :Subdivision; thence southeasterly along the northerly boundary of said Crescent :Hill-tbdivision to - 2- an angle point in said northerly boundary; thence north- easterly along the northwesterly boundary- of said subdivision to the point of intersection with the southwesterly line of Kennedy Road, being 40 feet in width; thence northwesterly' along the various courses and distances of the southwesterly line of said Kennedy Road to an angle point where the westerly line of said Kennedy Road 'Dears northeasterly; thence north- easterly along said westerly line of said Kennedy Road to an angle point where the westerly line becomes the southerly line of said Kennedy Road; thence further northeasterly along the northeasterly prolongation of the last naumed course to the northerly line of said Kennedy Road, said point being also the point of intersection of the northerly line of Kennedy Road with the northerly line of Crescent Avenue, the latter being 40 feet in width; thence northeasterly and easterly along the northerly line of said Crescent ?venue to the point of intersection with the northwesterly line of that certain parcel of land described in the Deed from Margaret D. Mixer to A. L. Vince and Grace D. Vince, as Joint Tenants, dated January 25, 1941,, recorded January 27, 1941 in Book 1021 Official Records, Page 150, Santa Clara County Records; thence northeasterly.along said northwesterly line of said parcel to the most northerly corner of said _ parcel; thence easterly along the northerly line of said parcel to the most northeasterly corner of said parcel; thence southerly along the easterly line of said parcel to the most southeasterly corner of said parcel, being also a point on the northerly line of said Crescent Avenue; thence southeasterly along the various courses and distances of the northeasterly line of said Crescent Avenue to the point of intersection with the most southerly line of that certain parcel of land described in the Deed from .Ralph Elsman to Florence E. Elsman, dated April 21, 1942, recorded April 27, 19421 in Book 1091 Official Records, Page 332, Santa Clara County Records; thence easterly, northerly, northwesterly, -3- C easterly, northerly and westerly folloilring the exterior boundaries of the last described parcel to the point of intersection with the easterly boundary of that subdivision shown upon that certain map entitled "Kenwood Acres", which map was filed-f6r record in the Office of the Recorder of the County of Santa Clara, State of California on June 25, 1946 in Book 10 of Maps, Page 56; thence southerly along said easterly boundary line of said subdivision to the point of intersection with the easterly prolongation of the northerly line of that certain parcel of land described in the Decree Establishing the Fact of Death of Sarah Jones Conwell and vesting title in Mary J. Littlefield, Echo J. Conwell and Rolf W. Conwell, dated-September 1954, recorded September 10, 1954 in Book 2955 Official Records, Page 221, Santa Clara County Records; thence westerly along said easterly pro- longation of said northerly line of said parcel to the north-. easterly corner of said parcel; thence westerly, southerly, easterly, southerly and southeasterly, following the exterior boundaries of said parcel, to the northwesterly corner of that certain parcel of land described in the Deed from Walter G. McBride and Bessie Dale McBride to Mary J. Littlefield, Echo J. Conwell and Rolf V. Conwell, dated December 14, 1954, recorded December 16, 1954 in Book 3036 Official Records, page 66, Santa Clara County Records; thence southeasterly along the southwesterly line of said parcel to the most southerly corner thereof, being also the most northerly corner of that certain parcel of land described in the Deed from ,Iary J. Littlefield, Echo J. Conwell and Rolf W. Conwell to Bessie Dale I`cBride, dated December 15, 1954, recorded December 16, 1954 in Book 3.036 Official records, Page 67, Santa Clara County Records; thence southeasterly following the various courses and distances of the exterior boundaries of said last named parcel to a point on the future north- easterly line of Kennedy Road, when widened to a 60 foot road; -4-. thence southwesterly at right angles to said northeasterly line of said Kennedy Road to the southwesterly line of said Kennedy Road as it now exists, being 40 feet in width; thence northwesterly and westerly.along the various courses and distances of the southwesterly and southerly line of said Kennedy Road to the point of intersection with the easterly line of that certain parcel of'land described in the Deed from Harold Robert Chivers to Herbert B. Jaffe and Beverly J. Jaffe , as Joint Tenants, dated December 15, 1954, recorded December 22, 1954 in Book 3039 Official Records, Wage 356, Santa Clara County Records; thence southerly, westerly and northerly following the exterior boundaries of said last described parcel to the point of intersection with the southerly line of said Kennedy Road; thence westerly along the southerly line of said Kennedy Road to the point of intersection with the easterly line of that certain parcel of land described in the Deed from L. N. Ball and Anita Ball to San Jose Abstract and Title Company, a Corporation, dated November 26, 1954, recorded November 30, 1954 in Book 3021, Official Records, Page 264, Santa Clara County Records; thence southerly, westerly, and northerly, following the exterior boundaries of said last described parcel, to the point of intersection with the southerly line of said Kennedy Road; thence westerly along the southerly line of said Kennedy road to the point of intersection with the north- westerly line of that certain parcel of land described in the Deed from L. N. Ball and Anita H". Ball to L. N. Ball and Anita H. Ball, as Joint Tenants, dated June 14, 1954, recorded June 15, 1954 in Book 2895 Official Records, Wage 160, Santa Clara County Records; thence southwesterly, southeasterly and southerly following the exterior boundaries of said last described parcel to a point on the southwesterly line of said parcel, being also a point or, the northeasterly line of. the subdivision shown on that certain map entitled "Los Robles Subdivision", which map was filed for record in the Office of - 5- the Recorder of the County of Santa Clara, State of California on August 12, 1929 in Book X of Maps, Pages 48 and 49; thence southeasterly along the northeasterly boundary of said subdivision to the point of intersection with the northwesterly line of Ramelview Subdivision, as previously described herein, which point of intersection is also the most northerly corner of said Ramelview Subdivision; thence following the exterior boundaries of said Ramelview Subdivision southwesterly, northwesterly and southwesterly to the point of intersection with the east, line of the Town Limits, Town of Los Gatos; thence south along said east line of the Town Limits of the Town of Los Gatos to the point of beginning.