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Ord 0274-APPLYING CERTAIN REGULATIONS TO USE OF LAND, BUILDINGS AND STRUCTURES AND TO THE ERECTIONORD!NNANCE NO. AN O II IITANCE OF THE TOI=T!;T OF LOS GATOS, STATE OFF CALIFCI NTA, APPLYING CERTAI REGUTIgATIONS TO THE USE OF L" ND, BUILDIIIGS AIND 17 uPR S AND TO THE EPPECTTON, CONS'? R-,_'CTIOi,3 AND ALT=4-.? ION S RJC OF CEF Ai : BUILD TiLGS, STRLCTURES AND Ii11'P_R_OVE-_,Y11ENTS 11%7 THE TOWN 0-7 LOS GATOS, PENDING uE ADOPTION 3Y THE IM1NN COUNCIL 0 SAID TOWN OF PRECISE ZONING PLANS FOR SAID TOWN, PRES03IEIIiG 7"HE PENALTIES FOR TAE VIOLATION OF ANY AND ALL OF HE PROVISIONS HEREOF, AND DECLA1RIlvG TTT1S ORDIiv MCE TO BE ANT URGENCY ISIEASUP.E, TO TAKE EFFECT I `IMMIATELY. The ToT,,:,n Council of the Tozn-in of Los Gatos, State Of California, do ordain as follo?nrs;® The TO;vrn Counci l of the Tow-n of Los Gatos Stage of Calif- ornia, now ?preparing a Zoning Ordinance under he -provisions of 1h-i ch Zoning Ordinance precise zoning regula ti ors ma-v be applied in the incorporated area of said Town, said ToT.Tn Council hereby declares it has instructed the To .rn Planning Commission to proceed to prepare zoning studies of the incorporated territory Of said To-=n, and the Toran Council intends to aLo-ot zoning plans of said incorporated area of said ToT~=n in the manner prescribed by lm,:. Said Toga. Council hereby finds that, ov, i ng to the territorial extent of said lr_corporat ed territory of said Tovn, and the diversity of interests therein and the necessity for thea1king of ?yaps and of careful studies and a thorough analysis of facts in the preparation of the aforesaid zoning plans, considerable tine will necessarily elapse before the adoption of said plans, and that certain regulations of an interim or emergency nature are necessary to be adopted at this time in order to protect the public interest, health, co,fort and convenience and to preserve the -oublic peace, -safety and welfare pending the preparation and adoption of the aforesaid zoning plans. Said regulations are hereafter in this ordinance set forth, and constitute Section 2 thereof. Z-07_P porated territory of the ToTtm of Los rYithin the incor- Gatos no use of any land, building or other structure, itirhich use is other than for a one-or tGwo-family dL elling purposes shall hereafter be established or established and conducted, and no building or other structure T~rhich is designated or intended to be used for any purpose other than for such one- or two-family ai,,Telling shall hereafter be erected, constructed, ,moved or converted, and no extension or 'enlargement of the present use of any land, building or other structure except for existing one- or t7,To-family dwelling -lurposes shall be made, constructed, or shall be effected, and p rovi ded fur then no person, firm or corporation shall hereafter L',ithin the incorporated territory of the said 'P - of Los Gatos erect or construct any building or structure designed ana/or i ntenaea to be used or occupied for any commercial or industrial pu-mose, or establish any commercial chicken, rabbit, pigeon, or hog farm, unless and until, in any such case a Hermit therefor shall first have been secured from the ToTTn_ Council of the said Town. Application for any such permit shall be made to the Toz6~ Council of said To- n. Said application shall be referred t o the Tom Manning Commission ana said Tov-n Manning Commission shall consider in detail any such application within fifteen (15) days after the filing thereof ama shall thereupon report its recommendations with -resbect thereto to the Tow Council. The To ern Council shall consider such application and report at its next sueceeaing meeting following recei-ot of such report from the Planning Commission. Said Totirn "council may issue such permit if in the opinion of the Toi,,n Council the proposed building structure, or use Will not be detrimental to t'__e character or aevelopent of the aforesaid territory and will not otherT.-ise adversely affect the welfare of said territory anajor of said To;u-n or said Town Council may refuse to issue such permit or may issue such permit subject to specified conditions designed to accomplish the purpose of this ordinance. For the puriooses of this ordinance a one-family d4Telli ng shall mean a detached building designed for, or occupied exclusively by one f am.ily; a t~--nro-family as.,yelling shall mean a building designed for, or occupied exclusively by t?-<<o families living inde-Dendently of each other. SECTION 3 It shall be the duty of the Building Inspector of the Town of Los Gatos, State of California, and all officers of said Town herein amend/or otherwise charged by law with the enforce- ment of this ordinance to enforce this ordinance and all the provisions of the same. Any person, firm or corporation, whether as principal agent, employee or otherzUise, 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 punish- able by a fine of not more than Three hundred ( 300) Dollars or by i~uprisonment in the County Jail of the County of Santa Clara for a teem not exceeding three W months or by both such fine and imprisonm?ent. Such person, firm or corporation shall be deemed guilty of a separate offense for each and every day auring any portion of which any violation of this ordinance is coI'ranni ttea, continued or permtttea by such person, firm or corporation, and shall be punishable as herein provided. Any building, structure or thing set up, erected, constructed, converted, altered, added to, enlarged, moved or maintained or caused to exist contrary to the provisions of this ordinance and/or any use of any land, . building or premises established, conauctea, operated or maintained contrary to the nrov=isions of this ordinance shall be and the same is hereby aeclarea to be unlai,:ful and a public nuisance and the TO-z°n Attorney of said Tovni of Los Gatos shall, upon order of the Tozran Council, immediately commence action or proceedings . f or the abatement and removal or enjoinment thereof in the manner -provided by la,a and shall tape such other steps and -2- shah apply to such courts as may have jurisdiction to grant such relief as will abate and remove such bui ldi ng or structure and restrain and enjoin any person, fiY'3 or corporation fro erecting, constructing, converting, altering, adding to, enlarging, moving or maintaining or causing to exist any build- ing, structure or thing or using any land, building or premises contra-.7r to the -orovisions of this ordinance. The remedies provided for herein shall be cumulative and not exclusive. SECTION 4. "Phis ordinance is hereby declared to be o° temporary nature only to serve until such u-I-.e as the Town Council aster receiving the report from the Tonm Planning Commission, take final action upon the Zoning Ordinance. SECTION 5. This ordinance is hereby declared to be an urgency measure necessa:i-T for the immediate preservation of the -public health ana safety and. shall be in full force and effect immediately upon its adoption. The facts con~stituti ng such urgency are as follovse Said Tovn Council has instructed the Town Planning Commission to -orepare zoning studies and report thereon to the Town Council and the Toi{n Council intends to consider said reports and zoning studies and ooing to the territorial extent of said Town, the diversity of interests therein and the necessity for the making of careful studies and thorough analysis of facts in the preparation of said Zoning Ordinance, considerable time will necessarily elapse, and that meanifnile buildings and/or structures may be erected, altered and/or lands in the aforesaid territory may be used, all 71ithout the knowleage of the Tow Council and in a manner detrimental to the general welfare of the ToT.~n, causing v~ y-~ to saipe11 's Town 1 i~a1 e arable aa~nage ~.1o he health and y of saidana its inhabitants; use of land or buildings or the That the uncontrolled/erection or construction of build- ings or structures designed and/or intended to be used or occupied for multiple dwellings or any commercial or industrial purpose, on establishment of any commercial chicken, rabbit, pigeon, or hog farm within the Town of Los Gatos would injure the Dublic health, safety, peace, comfort and general welfare gyres that of said Town. The Tot_-n Council of said Town be_ie various persons iftend. to use land and buildings or erect or construct buildings or structures aesignted and/or intended to be used or occupied for multiple d,Tellings or commercial and industrial purposes, and to establish eommerc i al chicken, rabbit, pigeon and hog fares T•ithin the Torn of Los Gatos without securing permits as p_ rovidea in this ordinance, and that said persons will do so unless prevented from so doing by the immediate adoption of this ordinance. SECTION 6. This ordinance shall be printea once in the a weekly newspaper published ? n t'_rle ~'C~ivn of LOS Gatos. -3- Bassea and aaou u-ea a t a regular meeting of t h Tow Couned. of vie To-un of Los Gatos held on the aay of 19A6 by the ~ ollo-.ring vo e . AVEJ> 00 1JOES' ABSE?v T : - Aut es U 1o'v'': V1Pi P? of ' e 30un of Los Gatos