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Ord 0653-APPLYING CERTAIN REGULATIONS TO THE USE OF LAND, BUILDINGSu S c t ORDINANCE NO. 653 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 '.'VASONA HEIGHTS NUMBER TWO ANNEXATION" PENDING THE ADOPTION BY THE TOWN COUNCIL OF THE TOWN OF LOS GATOS OF A PRECISE ZONING PLAN FOR SAID PORTION OF SAID TOWN. WHEREAS, the Town Council of the Town of Los Gatos did on the 14th day of August, 1961, adopt Ordinance No. 607 of said Town, which said ordinance approved the annexation to the Town of Los Gatos of that certain territory known as "Vasona Heights Number Two Annexation", a more precise description of which is attached hereto and marked "Exhibit A". WHEREAS, the Town Council desires to correct errors and in accordance with Section 65806 of the Government Code of the State of California desires in said newly annexed territory known as Vasona Heights Number Two Annexation to protect the public safety, health and welfare, by the adoption of a temporary interim zoning ordinance, and WHEREAS, the Town Council of the Town of Los Gatos declares that it intends and proposes to make various studies of planning, K zoning, building regulations and related subjects with respect to the Vasona Heights Number Two Annexation 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 1 ? . 11 and stability, assure sound, fair land use in general and other- wise 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 Vasona Heights Ikimber Two Annexation to the Town of Los Gatos, which said annexa- tion is more particularly described in "Exhibit AP° attached here- with, 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 en- larged and no building or other structure shall hereafter be erected, constructed, moved, converted, remodeled or altered un- less 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 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 detri- mental 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 2 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 other- wise 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 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. 3 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 altera- tion 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 b. 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 tem- porary 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 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 facts of such emergency being as follows: said newly annexed territory is zoned in part as a R1B40 District and in part as a RM District, which may be harmful to the public health, safety, 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 im- mediate adoption of this Ordinance regulating the zoning within the area. 4 y i V ~ r t r Introduced at a regular meeting of the Town Council of the Town of Los Gatos, State of California, on the 9th day of April, 1962. PASSED AND ADOPTED AS AN ORDINANCE OF THE TOWN OF LOS GATOS, CALIFORNIA, AT A REGULAR MEETING OF THE TOWN COUNCIL, HELD ON THE 16th DAY OF APRIL, 1962. AYES: COUNCILMEN: JAMES E. DONATI JOHN LINCOLN HENRY C. CRALL GAIL E. PACKARD ALBERTO E. MERRILL NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE MAYOR OF THE TOWN OF LOS GATOS ATTEST: CLERK OF T5E TOWN OF LOS GATOS 5 Y ~ y Beginning at the most westerly corner of Lot 5, as said Lot is shown upon that certain Clap entitled "Buena Vista Heights", which said Map was filed for record in the office of the ?Recorder of the Count; of Santa Clara, State of California, on June 6, 192'x, in Book 5 of :daps, at Page 18, Records of said County; running thence along the northwesterl'ur line of Lot 5, 6 and 7, as shown upon said Map of Buena Vista heights, northeasterly to the southwesterly corner of Lot 24, as said Lot is shown upon that certain flap entitled "Va.sona. Heights", which slap was filed for record in the off ice of the Recorder of the County of Santa Clara, State of California, on January 4, 1914, in Book M of Maps, Page 8Q, records of said County; thence following the northwesterly line of said Lot 2f~, as shown upon said 1.ap of Vasona Heights, and the northeasterly prolongation of Lot 24 northeasterly to the center line of Wildway, as said Wildway is shown upon s?ig Map of Vasona Heights; thence follow- ing the various courses and distances of said center line of Wild-way in a generally easterly and northerly direction to the point of intersection with the Town Limits line of the 'dot^tn of Los Gatos said point of intersectior. being also the most north- easterly corner of Lot 5 as shown upon that hereinbefore mentioned 1'ap of Va^ona Heights; .thence following the Town Limits lane of the Town of Los Gatos northerly and easterly to a point on the easterly right-of-way line of the Southern Pacific Railroad Company," thence following said easterly right-of--way line of the Southern Pacific Railroad Company and the Town Limits line of the Town of Los Gatos in a generally southerly direction to the point of intersection with the easterly prolongation of the southerly line of the hereinbefore mentioned Lot 5, as shown upon the hereinbefore mentioned T%!ap of Buena Vista Heights; thence westerly along the easterly prolongation of the southerly line of said Lot 5, Buena Vista.Heights, and along the southerly line of said Lot 5 to the point of beginning. EXHIBIT "A"