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HomeMy WebLinkAbout01ORDINANCE NO. 1 AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS APPLYING CERTAIN REGULATINNS TO THE USE OF LAND, BUILDI14GS AND STRUCTURES AND TO THE ERECTION, CONSTRUCTION, AND ALTERATION OF BUILDINGS, STRUCTURES AND IMPROVEMENTS WITHIN THE INCORPORATED AREA OF THE TOWN OF LOS ALTOS HILLS AND PRESCRIBING THE PENALTY FOR VIOLATION OF ANY OF THE PROVISIONS HEREOF AND MAKING THIS AN EMERGENCY MEASURE BY ORDINANCE AND TO TAKE EFFECT IMMEDIATELY. WHEREAS the City Council of the Town of Los Altos Hills, State of California, intends and proposes to adopt a zoning ordinance for said City embodying the basic structure of a land use plan, being a zoning and districting plan, and applying certain detailed regulation to the territory of said City; and WHEREAS the said City Council hereby declares its intention to create a City Planning Commission for said City and which Planning Commission shall make studies of planning, zoning, building regulation, types of architecture and related subjects; and WHEREAS said Planning Commission shall be instructed to make such tentative and final reports on said districting ordinance in the technical detail as required and the City Council hereby declares its intention to proceed with the consideration of such tentative and final reports of said Planning Commission as to said districting ordinances in the manner as prescribed by law, for the purpose of applying detailed regulation of a districting ordinance respectively to said City; and WHEREAS the said City Council finds that, owing to the termination of the authority of the County of Santa Clara over such basic land use within the area of the Town of Los Altos Hills, a dire emergency exists at the beginning of the authority of the Town of Los Altos Hills; that such emergency consists in the fact that any regulation or restriction of planning, zoning, building regulation, type of architecture or other related matter within the scope of basic land use will then be lacking within the City area until a City plan and ordinance is adopted; and WHEREAS it is, therefore, essential that restrictions and regulations of an interim nature be adopted until time is had for a permanent plan to be worked out and to assure the orderly and harmonious development of the Torn of Los Altos Hills, preserve its unique and distinctive character, protect the character and stability of all the area within the corporate limits of said City, assure sound, fair land use in general and otherwise to protect the public interest, health, comfort and convenience and effect the immediate preservation of the public peace, health and safety and welfare until the permanent plan is developed and an Ordinance based upon the report of the Planning Commission be prepared and adopted. NOW, THEREFORE, THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS DOES ORDAIN AS FOLLOWS: SECTION 1. In all of the area within the corporate limits. of the Town of os Altos Hills, no use of any land, building or other structure which use is other than for one family dwelling purpose, shall be had unless such use is approved by the City Council of the Town of Los Altos Hills or agency authorized by it after application made nor without like approval and permit shall any subdivision be made or land divided into a lot or premises having an area of any less acreage content or less frontage requirement than is provided under County zoning provisions applicable at time incorporation is effeci.ive. Application for any permit shall be made to said City Council until a Planning Commission is established when such Planning Commission shall first receive such application, investigate and consider the same, and report its recommendations to said City Council in respect to such application. Said City Council shall upon receiving an appli- cation at its next succeeding meeting consider the same and at said meeting report thereon. If the Council is of the opinion that the proposed building, structure or use will not be detrimental to the character or development of the neighborhood in which it is located and will not otherwise adversely affect the welfare of such neighbor- hood and/or the Town of Los Altos Hills, then said City Council may issue the permit as applied for; or said Council may refuse to issue such permit if in its opinion the interests and welfare of the neigh- borhood and/or the City would be adverselyaffectedby issuance or the Council may issue such permit subject to conditions which are specified and are designed to accord with the purposes of this Ordinance. Until further provided, Uniform Building Code, Edition, on file Clerk's Office will be official guide. SECTION 2. Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any part 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 ($"$00.00) or by imprisonment for aterm not exceeding six (6) months. Such person, firm or corporation shall be deemed guilty of a separate offense for each andevery 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 3. This Ordinance is hereby declared to be of temporary nature only and to serve only until such time as the City Council of the Town of Los Altos Hills shall establish by Ordinance a compre- hensive zoning and districting plan after study by a Planning Commission and such other resource as said Council may require. SECTION. This Ordinance shall not be retroactive nor in any way an eet y use under permit or license granted by the County of Santa Clara under regulations governing this area prior to incorporation and under the conditions and limitations of such permit and license. SECTION 5. Severability. If any section, sentence, clause or phrase of thia Ordinance is for any reason held to be unconstitutional or invalid, said decision shall not affect the validity of the remaining portion of this Ordinance. This Council hereby declares that it would have passed this Ordinance, and each section, sentence, clause and phrase thereof irrespective of the fact that any one or some other section, sentence, clauses, or phrases be declared unconstitutional or invalid. SECTION 6. This Ordinance shall be and is hereby declared to be an emergency measure and shall take effect immediately, being for the immediate preservation of the public peace, health, safety and welfare in the immediate controlling and regulating of zoning within the newly incorporated city and for the reasons as stated and declared hereinbefore in the Ordinance. - 2 - A SECTION.1, This Ordinance shell bs00M8 -effecti+sve immaA c�=_-___- upon adoption and shall be posted in 3 public places witKbi the Tows of Los Altos Hills. Introduced January 281 1956, Read in entirety and passed by the following vote: AYES: Councilmen Bledsoe, Dungan, Rothwell, Mayor Treat NOES: None ABSENT: Councilman A. E. Fowle ATTEST: I Acting ittyy —Clerk CERTIFIED City Clerk -3- / ✓