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Ord 1740 - URGENCY INTERIM ZONING ORDINANCE EXTENDING ORDINANCE NO. 1699 AMENDING THE LOS GATOS ZONING ORDINANCE REGARDING THE REQUIRED FRONT YARD AND THE REQUIRED SIDE YARD ABUTTING A STREET IN THE CENTRAL BUSINESS DISTRICT COMMERCIAL ZONEORDINANCE NO. 1740 URGENCY INTERIM ZONING ORDINANCE EXTENDING ORDINANCE NO. 1699 AMENDING THE LOS GATOS ZONING ORDINANCE REGARDING THE REQUIRED FRONT YARD AND THE REQUIRED SIDE YARD ABUTTING A STREET IN THE CENTRAL BUSINESS DISTRICT COMMERCIAL ZONE THE TOWN OF LOS GATOS HEREBY ORDAINS: SECTION I. Pursuant to Government Code Section 65858(c), the Council hereby finds that there is a current and immediate threat to the public health, safety and welfare, and that the strict enforcement of Sections 3.05.050, 4.40.050 and 4.56.060(1) regarding the improvements permitted within the required front yard and the required side yard abutting a street in the Central Business District, Commercial Zone would result in a threat to public health, safety and welfare, as follows: a. In certain areas of the Central Business District the sidewalk width is excessive while in other areas the sidewalk width is extremely narrow; and, the streetscape as well as pedestrian circulation could be improved if the required front yard and required side yard abutting a street may be modified. b. It is appropriate in certain areas to permit various types of improvements within the required front yard and the required side yard abutting a street in order to increase pedestrian safety. c. The Architectural Standards Committee has undertaken the task of studying the streetscape for the entire Central Business District, A preliminary review indicates that the required front yard and the required side yard abutting a street may be inappropriate in certain areas of said district and an extended period of time is necessary to develop such a study. d. It is, therefore, necessary to adopt an urgency interim zoning ordinance that will permit the required front yard and required side yard abutting a street in the Central Business District Commercial Zone to be modified if certain findings are made by the deciding body. e. Adoption of this ordinance is consistent with and will lead to the implementation of Section VI, subsection A, Community Design Standards - Policies of the Downtown Specific Plan as follows: Policies 1. Set height, bulk and setback limits. f. It is therefore necessary to extend to December 1, 1988 Ordinance No. 1699, an Urgency Interim Zoning Ordinance regarding the required front yard and required side yard abutting a street in the Central Business District Commercial Zone. The extension is necessary so that the matter may be studied and a solution developed that would result in a permanent amendment of the Zoning Ordinance. SECTION II. Notwithstanding Sections 3.05.010 and 4.40.050 of the Los Gatos Zoning Ordinance, improvements other than landscaping and including fencing may be permitted in any required front yard and any required side yard abutting a street within the Central Business District Commercial Zone if the deciding body finds that: I. Pedestrian safety will not be impaired; and, 2. The streetscape would be enhanced as a result of the proposed improvements; and, - 2 - 3. The improvements are in character with the adjacent buildings; and, 4. The improvements will not obstruct the clear sight vision of vehicular traffic. SECTION III. Notwithstanding Section 4.56.060(1) of the Los Gatos Zoning Ordinance, the required front yard and the required side yard abutting a street in the Central Business District Commercial Zone may be modified during the Architecture and Site Approval process as deemed appropriate by the deciding body if it finds that: 1. The setback provides for adequate pedestrian circulation; and, 2. The setback is compatible with the adjacent buildings and complements the buildings in the immediate vicinity; and, 3. The setback provides adequate clear sight vision for vehicular traffic. SECTION IV. This ordinance shall take effect immediately and shall be of no further force and effect after December 1, 1988. SECTION V. Within 15 days after this ordinance is adopted, the Town Clerk shall cause it to be published once in a newspaper of general circulation and circulated in the Town. - 3 - This ordinance was introduced and adopted by the following vote as an urgency interim zoning ordinance of the Town of Los Gatos at a regular meeting of the Town Council on November 16 , 1987. AYES: COUNCILMEMBERS Joanne Benjamin, Thomas J. Ferrito, Robert L. Hamilton, and Vice -Mayor Eric D. Carlson NOES: COUNCILMEMBERS None ABSTAIN: COUNCILMEMBERS None ABSENT: COUNCILMEMBERS Mayor Brent N. Ventura SIGNED; Vice - Mayor of the Town of Los Gatos ATTEST: Lae.. Clerk of the Town of Los G os PLNO1(TC 1/5 #5) - 4 -