Ord 1612 - Urgency Ordinance Extending Interim Ordinance Precluding Second Units Under Government Code Section 65852

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