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Ord 0528-APPLYING CERTAIN REGULATIONS TO THE USE OF LAND, BUILDINGS AND STRUCTURES AND TO THE ERECTION, CONSTRUCTION, MOVING, CONVERSION, REMODELING AND ALTERATION OF BUILDINGS, AND STRUCTURESORDINANCE NO. AN ORDINANCE OF THE TOWN OF LOS GATOS APPLYING CERTAIN REGULATIONS TO THE USE OF LAND, BUILDINGS AND STRUCTURES AND TO THE ERECTION, CONSTRUCTION, MOVING, CONVERSION, REMODELING AND ALTERATION OF BUILDINGS, AND STRUCTURES WITHIN THAT PORTION OF THE TOWN OF LOS GATOS KNOWN AS ALL OF THE R-1 DISTRICTS SET FORTH IN SECTIONAL DISTRICTS NUMBERED 3.02.5; 3.02.6; 3.02.7 OF ORDINANCE NO. 392 OF THE TOWN OF LOS GATOS, PASSED AND ADOPTED MARCH 12, 1956 PENDING THE ADOPTION BY THE TOWN COUNCIL OF THE TOWN OF LOS GATOS OF A REVISED ZONING PLAN FOR SAID PORTION OF SAID TOWN. WHEREAS, 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 that portion of the Town of Los Gatos known as all of the R-1 districts set forth in Section Districts numbered 3.02.5; 3.02.6; 3.02.07 of Ordinance No.392 of the Town of Los Gatos passed and adopted March 12, 1956,-,and that a careful study and thorough analysis of all of the facts in the preparation of said regulations will require considerable time to elapse before the adoption of such regulations, and WHEREAS, 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, NOW,THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: Section 1. In all of the area designated as all of the R-1 districts set forth in section districts numbered 3.02.5; 3.02.6; 3.02.7 of Ordinance No.392 of the Town of Los Gatos passed and adopted March 12, 1956, 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 be -1- extended or enlarged and no building or other structure shall hereafter be erected, constructed, 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 frontage upon a street, and having an area of not less than 20,000 square feet, maybe constructed without obtaining the permits required by this ordinance. 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 detrimental to the character or development of the neighborhood or will not otherwise adversely affect the welfare of the neighborhood 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, construction, 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 . -2- 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 otherwide, violating or causing the violation of any of the provisions of this ordinance shall be guilty of a mis- demeanor 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 separ- ate ;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, remodeling 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. 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 and comprehensive zoning plan after study and analysis has been prepared. Section 8. This Ordinance shall be and is hereby declared to be an emergency measure and shall take effect immediately, the -3- s\ r facts of such emergency being as follows: This Town Council finds and declares that said territory will be subject to excessively dense residential uses which would be harmful to the public health, safety and welfare, and detrimental to property values in the said area; and because of the imminent danger thereof, the immediate preservation 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 Ga'tos Times-Saratoga Observer, a newspaper published in the Town of Los Gatos. The above and foregoing Ordinance was duly and regularly intro- duced at a regular meeting of the Town Council of the Town of Los Gatos held on the day of v 1960, and thereafter at a regular meeting held-on the day of 1950 duly and regularly passed and adopted by the following vote: AYES: NOES : ABSENT: ATTEST: CLERK OF THE TO F LOS GATOS MYOR'OF TOWN OF LOS TOS -4-