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
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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
.
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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
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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
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