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Ord 0666-INTERIM ZONING ORDINANCE APPLYING CERTAIN REGULATIONS TO THE USE OF LAND, BUILDINGS AND STRUCTURES, ERECTION, CONSTRUCTION, MOVING, CONVERSION, REMODELING, AND ALTERATION OF BUILDINGS AND STRUCTURESORDINANCE NO. v"44 AN ORDINANCE OF THE TOWN OF LOS GATOS ADOPTING AN INTERIM ZONING ORDINANCE 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 HEREIN DESCRIBED. WHEREAS, the Planning Commission of the Town of Los Gatos in good faith is conducting studies and intends to further study and hold public hearings for the purpose of recommending to the Town Council of the Town of Los Gatos the adoption of a new zoning ordinance or amendments thereto or additions thereto; and WHEREAS, Government Code Section 65506 provides in such event for the adoption of an interim ordinance; and WHEREAS, a careful study and thorough analysis of all of the facts and the preparation of a new zoning ordinance or amendments thereto or additions thereto will require consider- able time to elapse before completion thereof; and WHEREAS, it is therefore essential that restrictions and regulations of a interim nature be adopted to assure the orderly and harmonious development of the area hereinafter described to 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, amendments thereto or additions thereto. NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: 1 Section 1: The following is a description of the territory subject to and controlled by this interim ordinance: All property lying within the boundaries of the Town of Los Gatos and located within the following particularly described territory, to wit: Beginning at the point of intersection of Shannon Road and San Jose Avenue and running thence generally easterly along the Shannon Road to its intersection with Tucks Road; thence running southerly along the center line of Hicks Road 1000 feet more or less to a point; thence leaving the center line of Hicks Road and running along a line due vest to the center line of the California State Freeway, Route 5 (commonly known as Sign Route 17); thence generally northeasterly along the center line of Route 5 to its intersection with the center line of East Main Street; thence running easterly along the center line of East Main Street to its intersection with the center line of San Jose Avenue; thence running northerly along the center line of San Jose Avenue to the point of beginning. SAVING AND EXCEPTING THEREFROM, all of those lands described in Ordinance No. 528 of the Town of Los Gatos, which said ordinance was passed and adopted on the 4th day of April, 1960, and which lands are more particularly described as follows: All of the area designated as all of the R-1 Districts set forth in Sectional Districts No. 3.02.5; 3.02.6 and 3.02.7 of Ordinance No. 392 of the Town of Los Gatos passed and adopted March 12, 1956. Section 2: In the territory described in Section 1 no use of any land, building or other structure shall here- after 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 ob- tained 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 2 than .10 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, may be constructed without obtaining the permits required by this ordinance. Section 3: 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 establish- ment, conduct, extension, enlargement, erection, construction, moving conversion, remodeling or alteration thereof will not be detrimental to the character or development of the neighbor- hood 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 4: 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 3 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 5: 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 of 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 6: 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 altera- tion of any building or other structure contrary to the pro- visions 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. 4 Section 7: The remedies provided for in Section 5 and in Section 6 of this Ordinance shall be cumulative and not ex- clusive. Section 8: This Ordinance is hereby declared to be of temporary nature only as provided in Section 65806 of the Government Code. Section 9: This Ordinance shall be and is hereby declared to be an emergency measure and shall take effect immediately in .order to protect the public safety, health and welfare, the facts of such emergency being as 'follows: the Planning Commission of the Town of Los Gatos held one public hearing on a General Plan for the Town of Los Gatos on August 1, 1962, and has set another public hearing to be noticed and held on September 19, 1962; that the General Plan under study provides for a lower density of population in the territory described in Section 1 of this Ordinance than is provided under the present Zoning Ordinance of the Town of Los Gatos. It is therefore necessary that this Ordinance take effect immediately to prevent, pending adoption of precise zoning regulations, establishment of land uses which will destroy the effect and purpose of a comprehensive zoning plan for said territory. INTRODUCED, PASSED AND ADOPTED AS AN ORDINANCE OF THE TOWN OF LOS GATOS, CALIFORNIA, AT A REGULAR MEETING OF THE TOWN COUNCIL, HELD ON THE.20th DAY OF AUGUST, 1962. AYES: COUNCILMEN: .e P 5 • NOES: COUNCILMEN: ABSENT: COUNCILMEN: ATTEST: CLERK OF THE/TOWN OF LOS G T0S 6