Ord 0596-APPLYING CERTAIN REGULATIONS TO THE USE OF LAND, BUILDINGS AND STRUCTURESk- _ 4 . 0 0 it I % -
ORDINANCE7 NO. 5-6
AN ORDINANCE OF THE TOT;TN 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 ROBERTS ROAD NO. 5
ANNEXATION PENDING THE ADOPTION BY THE TO'NN
COUNCIL OF THE TO1,N OF LOS GATOS OF A PRECISE
ZONING PLAN FOR SAID PORTION OF SAID TOTATN.
'EREAS, the Town Council of the Town of Los Gatos did
on the 5th day of June, 1961, adopt ordinance No. 592 of said
';own, which said ordinance approved the annexation to the Town
of Los Gatos of that certain territory known as Roberts Road
No. 5 Annexation, a more precise description of which is
attached hereto and marked "Exhibit AT'.
WHEREAS, the Town Council in accordance with Section
65806 of the Government Code of the State of California desires
in said newly annexed territory known as Roberts Road No. 5
Annexation to protect the public safety, health and welfare, by
the adoption of a temporary interim zoning ordinance, and
v, i iaEAS, 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 Roberts Road No. 5 Annexation 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
AREAS, 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
X.- • AS .
to study and analyze and develop a permanent plan and enact an
appropriate ordinance,
NOW, THEREFORE, TIE TOWN COUNCIL OF THE TOWN OF LOS
GATOS DOES ORDAIN AS FOLLOWS:
Section 1: In all of the area designated as Roberts
Road No. 5 Annexation to the Town of Los Gatos, which said
annexation is more particularly described in "Exhibit All
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 be 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.
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, build-
ing or structure or the establishment, conduct, extension, en-
largement, erection, construction, moving, conversion, remodeling
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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
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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 comprehensive zoning plan after study and
analysis has been prepared.
Section 3. This ordinance shall be and is hereby
declared to be an emergency measure and shall take effect
immediately, the facts of such emergency being as follows: the
territory known as Roberts Road No. 5 Annexation having been
withdrawn from the unincorporated area of Santa Clara County
would be automatically classified as an "R-1'I district under
the provisions of Section 15.03 of Ordinance No. 392 of the
Town of Los Gatos and would by reason thereof permit buildings
and structures to be erected for the uses permitted in said
"R-I" district which 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
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of such detrimental land uses in the said territory the
immediate preservation of the public peace, health, safety
and welfare rewires 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 Los Gatos held on the 5th day of June, 1961, and thereafter
at a continued regular meeting held on the 13th day of June,
1961, duly and regularly adopted by-the following vote:
AYES: COUNCILMEN: James E. Donati
John Lincoln
Wm. E. Mason
Alberto E. Merrill
NOES: vOUNC I LKE~T : None
ASSENT: COUNCILMEN: Gail. E. Packard
07
E t. s F Ltd, X: T S
-THE
ATTEST:
ULTHK OF /THE TOWN OF LOS GATO-9-
y
EXHIBIT A
All that territory situate in the County of Santa Clara, State
of California, more particularly described as follows:
Beginning at the Northwesterly corner of Lot 32 of the
Subdivision shown upon that certain map entitled, "Amended Map
of the Mitchell Addition," which map was filed for record in
the Office of the recorder of the County of Santa Clara, State
of California, on March 21, 1894, in Book H of Maps, rage 39,
said point of beginning being also in the Town Limits line of
the Town of Los Gatos and in the Southerly line of Roberts Road,
as the same now exists;
Thence, Easterly along the Southerly line of said Roberts
Road and along the Town Limits line of the Town of Los Gatos to
the Northeast corner of Lot 1 of said hereinbefore mentioned
Amended Map of the Mitchell Addition;
Thence, following the exterior boundaries of said Lot 1,
emended Map of the Mitchell Addition, Southerly and Westerly
to the point of intersection with the Easterly line of Lot 39,
of said amended Map of the Mitchell Addition;
Thence, Southerly along the Easterly line of Lot 39,-
Amended Map of the Mitchell addition, and further Southerly
along the Easterly lines of Lots 38 and 17 of said Mitchell
addition to a point ten (10) feet distance thereof from the
Southeast corner of said Lot 38, Mitchell Addition;
Thence, Westerly along a line ten (10) feet distance
therefrom and parallel to the Southerly line of said Lot 38,
Mitchell Addition to the point of intersection with the Easterly
line of George Street as the same now exists;
Thence, further ivlesterly along the Westerly prolongation of
said last named line to the point of intersection with the
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Westerly line of George Street, as the same now exists;
Thence, Northerly along said Westerly line of said
George Street, as the same now exists, to the point of inter-
section of said line with the Southerly line of Lot 34, Amended
Map of the Mitchell Addition;
Thence, Westerly along the Southerly line of said Lot 34,
Mitchell addition and further Westerly along the Southerly line
of Lot 33 and 32 amended Map of the Mitchell addition to the
°'~Southwest corner of said Lot 32, said point being in the Town
Limits of the Town of Los Gatos;
Thence, Northerly along the Westerly line of said Lot 32,
Mitchell addition and along the Town Limits line of the Town
of Los Gatos to the point of beginning.
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