Ord 0682-ADOPTING AN INTERIM ZONING ORDINANCE APPLYING CERTAIN REGULATIONS OF THE USE OF LAND, BUILDING AND STRUCTURES, AND TO THE ERECTION OF BUILDINGSORDINANCE NO.
AN ORDINANCE OF THE TOWN OF LOS GATGS 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 T99N 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
T/MEREAS, Government Code Section 65806 provides in such
event for the adoption of an interim ordinance; and
r,,THEREAS, 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
TiFHEREAS, it is therefore essential that restrictions and
regulations of an interim nature be adopted to assure the
orderly and harmonious development of the area hereinafter
described to protect its character and stability, to assure
sound fair land use in general and otherwise to 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.
NO-W. THEREFORE, THE TOWN COUNCIL OF THE Tg N OF LOS GATOS
DOES ORDAIN AS FOLLOWS:
1
Section 1: No building or structure shall hereafter be
erected to exceed a height at the required front side and rear
yard lines of three (3) stories or thirty-five (35) feet within
the Town of Los Gatos, 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 Town Planning
Commission may issue said permit if a majority of its members
determine that the proposed height of the building or structure
in excess of three (3) stories or thirty-five (35) feet 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 the.Town of Los Gatos; PROVIDED, HOWEVER, no
permit shall be issued to permit a building or structure to be
erected to exceed the height limit provided in Ordinance No. 392
of the Town of Los Gatos for the district in which the building
or structure is to be 'erected. If a majority of its members
determine that the proposed height of the building or structure
in excess of three (3) stories or thirty-five (35) feet will be
detrimental to the character or development of the neighborhood
or will otherwise adversely affect the welfare of the neighbor-
hood 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, officialsand public employees
of the Town of Los Gatos which are vested with the duty or
2
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 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 5: 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 en-oinment 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 ex-
clusive.
3
Section 7: This Ordinance is hereby declared to be of
temporary nature only as provided in Section 65806 of the
Government Code.
Section 8: This Ordinance shall be and is hereby declared
to be an urgency 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 is studying and holding
-hearings on a General Plan for.the Town of Los Gatos and is
in the process of adopting a new or revised zoning ordinance
for the Town of Los Gatos. It is therefore necessary that this
Ordinance take effect immediately to prevent, pending adoption
of a new or revised zoning ordinance, the erection of buildings
or structures of a height in excess of three (3) stories or
thirty-five (35) feet which will destroy the effect and purpose
of the comprehensive zoning plan for the Town of Los Gatos.
INTRODUCED, PASSED AND ADOPTED AS AN ORDINANCE OF THE
TOri,,TN OF LOS GATOS, CALIFORNIA, AT A REGULAR MEETING OF THE
TOTrTN COUNCIL, HELD ON ITHE 19th DAY OF November
1962.
AYES:
NOES:
COUNCILMEN Henry C. Crall
James E. Donati
Joe Whelan
John Lincoln
COUNCILMEN: None
ABSENT:
C0UNI 0ILI ~ FE N• Alberto E. Merrill
,~ATTES T:
J
CLERK OF E TUIN OF LOS TOS