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:
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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
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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
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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.
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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
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NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
ATTEST:
CLERK OF THE/TOWN OF LOS G T0S
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