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Ord 0660-AMENDING ORDINANCE NO. 392ORDINANCE No. 660 AN ORDINANCE AMENDIKG ORDINANCE NO. 392 OF THE TOWN OF LOS GATOS, ENTITLED "AN ORDINANCE OF THE TOWN OF LOS GATOS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ADOPTING A ZONING OR DISTRICTING PLAN FOR SAID TOWN, WITHIN WHICH CERTAIN REGULATIONS SMALL BE IN EFFECT RELATING TO THE USES OF LAND AND BUILDINGS, HEIGHT LIMITS OF BUILDINGS, AND YARDS AND 0`1777 OPEN SPACES ABOUT BUILDINGS; REQUIRING THAT CERTAIN PERMITS SHALL BE SECURED FOR CERTAIN OF SUCH BUILDING AND USES; DEFINING CERTAIN TERMS USED HEREIN; AND SPECIFYING THE PROCEDURE FOR TFIE AMENDMENT, AND PRE- SCRIBING PENALTIES FOR THE VIOLATION OF ANY OF THE PROVISIONS HEREIN; REPEALING ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREadTI THE TOWN COUNCIL OF 11HE TOWN OF LOS GATOS DOE'S ORDAIN AS FOLLOWS : Section 1. That Ordinance No. 392 of the Town of Los Gatos entitled "AN ORDINANCE OF THE TO'R'N OF LOS GATOS, COUNTY OF SANTA CLA.RA, STATE OF CALIFORNIA, ADOPTING A ZONING OF DISTRICTING PLAN FOR SAID TOWN, WITHIN WHICH CERTAIN REGULATIONS SHALL HE IN EFFECT RELATING TO THE USES Or LAND AND BUILDINGS, HEIGHT LIMITS OF B ILDINGS, AND YARDS AND OTHER OPEN SPACES ABOUT BUILDINGS; RF,~UIRING THAT CERTAIN PERMITS SHALL BE SECURED FOR CERTAIN OF SUCH BUILDINGS AND USES; DEFINING CERTAIN TERMS USED HEREIN; AND SP'ECIF'YING THE PROCEDURE .FOR, THE AMENDMENT AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ANY OF THE PROVISIONS HEREIN; REPEALING ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH", passed and adopted by the Town Council of the Town of Los Gatos on the 12th day of March, 1956, be, and the same is hereby amended by amending Sections 18.21; 19.10; 22.01; 22.02; 22.04 and 22.05 to read as follows: Section 15.21: PROCEDURE: 1kritten applications for the approval of the uses referred to in Section 18.00 shall be filed in the office of the Secretary of the Commission upon forms prescribed for that purpose by the Commission. A fee of Thirty-Five Dollars ($35.00) shall be paid upon the filing of each application for a special use permit. The Town Planning Commission shall hold a public hearing on each such application. - 1 - The procedure for holding a public hearing shall be 71. the same as that required in Section 22.00 of this Ordinance. The Commission shall make its findings and determination in writing within forty (40) days from the date of filing of an application and shall forthwith transmit a copy thereof to the applicant. No decision of the Commission under Section 18.00 shall become effective until after an elapsed period of ten (10) days from the date of the decision by the Planning Commission, during which time the applicant, or any other _1 person aggrieved, may appeal therefrom to the Town Council in the same manner as provided for in Section 22.00. In approving the uses referred to in Section 18.00, the Commission shall have authority to impose such conditions as it deems necessary to protect the best interests of the surrounding property of the neighborhood and the Comprehensive Plan. Section 19.10: PROCEDURE: Written applications for the approval of.variances referred to in this sect ifn shall be filed in the office of the Secretary forms prescribed for that purpose by of Thirty-Five Dollars ($35.00) shal of each application for a variance. each such variance application shall Planning Commission. of the Commission upon the Commission. A fee 1 be paid upon the filing A public hearing upon be held by the Town The procedure for holding public hearings shall be the same as that required in Section 22.00. The Commission shall make its findings and determination in writing within forty (40) days from the date of filing of an application and shall forthwith transmit a copy thereof to the applicant. No decision of the Commission under Section 19.00 shall become effective until after an elapsed period of ten (10) days from the date the written determination is made, - 2 • during which time the applicant or any other person aggrieved, may appeal therefrom to the Town Council, as provided in Section 22.00. In approving the variances or uses referred to in Section 19.00 the Commission shall have authority to impose such conditions as it deems necessary to protect the best interests of the surrounding property or neighborhood and the Comprehensive Master Plan. Section 22.01: PROCEDURE FOR CHANGE: Whenever the public necessity, convenience, general welfare or good zoning practice require, the Town Council may by ordinance, after report thereon by the Commission and subject to the procedure provided in this section, amend, supplement or change the regulations, district boundaries or classifications of property now or hereafter established by this ordinance. An amendment, supplement, reclassification or change may be initiated by resolution of the Planning Commission or by resolution of the Town Council. ti Section 22.02: APPLICATIONS FOR CHANGE FORM AND CONTENTS: An amendment, supplement, reclassification or change may be requested by one or more owners of specific property as to which the amendment, supplement, reclassification or change is proposed, or by a majority of property owners in any specifically described area. Such request shall be on application forms approved by the Commission and shall be filed with the Secretary of the Commission. Each such application shall be presented at a regular meeting of the Commission which may adopt a resolution declaring its intention to hold a public hearing on such application in the manner hereinafter provided. - 3 - Section 22.04: FILING FEE: A fee of Seventy-Five Dollars ($75.00) shall be paid upon the filing of each application for an amendment, supplement, reclassification or change for the purpose of defraying the costs of the proceedings prescribed herein. A written receipt shall be issued to the persons making such payment and records thereof shall be kept in such manner as prescribed by law. Section 22.05: HEARING DATE - NOTICE: Upon the adoption of such resolution by the Commission, or upon receipt by the Commission of a resolution by the Town Council proposing an amendment, supplement, reclassification or change, the Commission shall set the time and place and shall hold one public hearing thereon. Section 2. This Ordinance shall take effect and be in force thirty (30) days from and after date of its passage and before the expiration of fifteen (15) days after its passage it shall be published once with the names of the members voting for and against the same in the Los Gatos Times-Saratoga Observer, a newspaper published in the Town of Los Gatos. Introduced at a regular meeting of the Town Council of the Town of Los Gatos, State of California, held on the 16th clay of July, 1962. PASSED AND ADOPTED AS AN ORDINANCE OF THE TOWN OF LOS GATOS. CALIFORNIA, AT A CONTINUED REGULAR MEETING OF THE TOWN COUNCIL THEREOF, held on the 23rd day of July, 1362, by the following vote: AYES COUNCILMEN: Henry C. Crall James E. Donati Alberto E. Merrill Joe Whelan John Lincoln - 4 - y z v l NOES : COUNCILMEN : Nome ABSENT: COUNCILMEN: None TD-s ti 5