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ORDINANCE NO. 1616 <br />URGENCY INTERIM ZONING ORDINANCE ESTABLISHING A ZONING APPROVAL <br />FOR THE STORAGE OF HAZARDOUS MATERIALS <br />The Town Council of Los Gatos hereby ORDAINS: <br />SECTION 1. <br />Pursuant to Government Code Section 65858(c), the Council hereby <br />finds that there is a current and immediate threat to the public health, <br />safety, and welfare, and that the lack of expeditious zoning approvals for <br />storage facilities - for hazardous materials would result in a threat to <br />p ublic 't et y,- a nd— welfar —as fol lows: <br />a. In implementing and enforcing Chapter 35 of the Town Code <br />relating to the storage of hazardous materials (Town Ordinances No. 1601 <br />and 1602), the Central Fire District is requiring, in some instances, the <br />storage of hazardous materials outside an existing building in a new <br />structure, in an addition to an existing structure, or in an enclosed <br />area. This requirement conflicts with the Zoning Ordinance requirements <br />limiting outdoor storage and the construction of storage •Facilities. The <br />storage of hazardous materials outside the building is permitted only in <br />CH, LM, and CM zones and then only with a Conditional Use Permit. The <br />construction of a new addition or accessory structure for the storage of <br />materials in non — residential zones requires Architecture and Site <br />Approval. <br />b. The processing of Conditional Use Permits and Architecture <br />and Site Approvals by the Town is currently a process which may take <br />several months. The need for proper containment of identified hazardous <br />materials in the community, both to employees working with hazardous <br />materials and for citizens of the Town in proximity to the storage of <br />hazardous materials, is of great urgency involving a current and immediate <br />threat to the public health, safety, and welfare of persons working or <br />residing in the Town of Los Gatos. <br />c. The Town is currently studying the process of issuing a <br />zoning approval for the storage of hazardous materials in a more <br />expeditious manner to ensure the immediate protection of the citizens of <br />Los Gatos. The process for adoption of a regular permanent Zoning <br />Ordinance Amendment would take approximately four (4) months. Some of the <br />businesses subject to the Hazardous Materials Storage Ordinances are <br />already in violation of the permitted time limits for compliance. <br />d. It is therefore necessary to adopt an urgency interim zoning <br />ordinance establishing a zoning approval for the storage of hazardous <br />materials in a streamlined manner while ensuring appropriate safety <br />protections, observing current zoning regulations, and maintaining <br />aesthetic standards pending completion of the study. <br />