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Ord 1612 - Urgency Ordinance Extending Interim Ordinance Precluding Second Units Under Government Code Section 65852
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Ord 1612 - Urgency Ordinance Extending Interim Ordinance Precluding Second Units Under Government Code Section 65852
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3/24/2016 10:54:00 AM
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1612
Doc Date
3/19/1984
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COM
Notes - Clerk
Urgency Ordinance Extending Interim Ordinance Precluding Second Units Under Government Code Section 65852
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ORDINANCE NO. 1612 <br />URGENCY ORDINANCE EXTENDING INTERIM ORDINANCE PRECLUDING <br />SECOND UNITS UNDER GOVERNMENT CODE SECTION 65852.2(c) <br />UNTIL JUNE :2, 1985 <br />The Town Council of Los Gatos hereby ORDAINS: <br />Section 1. <br />Pursuant to Government Code Section 65858(a), the Council adopted <br />Urgency Ordinance No. 1580 on June 6, 1983 prohibiting second units, as <br />defined in Government Code Section 65852.2(d), from any zone in the Town. <br />Said urgency ordinance made the findings required by Government Code <br />Section 65852.2(c) and Section 65858(c) and its expiration date was <br />forty -five days from date of adoption, which was July 21, 1983. On July <br />18, 1983 the Council adopted Urgency Ordinance No. 1583, extending <br />Ordinance No. 1580 for ten months and 15 days from the date of adoption <br />of said urgency ordinance which is June 2, 1984. Pursuant to Government <br />Code Section 65858(a) the Council hereby finds that it is necessary to <br />extend Urgency Ordinance No. 1580, as extended by Urgency Ordinance No. <br />1583, for an additional year which is June 2, 1985. <br />Section 2. <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 approval of second units as allowed in <br />Government Code Section 65852.2(b) would result in a threat to public <br />health, safety and welfare, as follows: <br />a. The Town is currently studying various proposals for <br />dealing with second units as part of its revision of the General Plan, in <br />an effort to deal with such units in a manner which is consistent with all <br />parts of the Plan. However, final adoption of the revised General Plan is <br />not likely to be contemplated by June 2, 1984. <br />b. Government Code Section 65852.2 provides that if a city <br />has not adopted an ordinance governing second units within 120 days after <br />July 1, 1983, second units must be approved in accordance with the <br />criteria contained in said section, which may or may not be consistent <br />with the policy the Town ultimately adopts as part of the General Plan <br />revision. <br />c. If the policy on second units ultimately adopted as part <br />of the General Plan revision contains criteria substantially different <br />from those included in Section 65852.2(b), approval of units under said <br />section in the interim will (1) create units that will almost immediately <br />become non - conforming; (2) cause discrimination in the treatment of <br />persons desiring second units; and (3) seriously undermine the integrity <br />of the Town's planning process. <br />d. It is therefore necessary to further extend the urgency <br />interim ordinance precluding second units as allowed in Government Code <br />Section 65852.2(c) pending completion of the General Plan revision until <br />June 2, 1985. <br />
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