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ORDINANCE NO. 1676 <br />AN ORDINANCE OF THE TOWN OF LOS GATOS <br />AMENDING SECTION 3.96.050 OF THE <br />TOWN ZONING ORDINANCE RELATING <br />TO SECONDARY DWELLING UNITS <br />THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS: <br />SECTION I. <br />Section 3.96.050 is amended to read: <br />SEC. 3.96.050: OCCUPANCY <br />Either - the primary or the secondary dwelling unit shall remain rental only with <br />the other unit remaining owner occupied, except as provided in subsection (2) <br />below: <br />(1) If a property is owner occupied at the time of granting a secondary <br />dwelling unit permit, the owner shall: <br />(a) sign an affidavit declaring under penalty of perjury that either the <br />primary or secondary dwelling unit is owner's principal residence and <br />will continue to be so for as long as the property is under such <br />ownership. Such affidavit shall be filed with the Planning Director <br />annually on October 1; and, <br />(b) agree to the recordation of a deed restriction which will require <br />owner occupancy of either the primary or secondary dwelling unit upon <br />transfer of title. Any subsequent owner shall then be required to <br />sign an affidavit declaring under penalty of perjury that the property <br />will be owner occupied for as long as the property is under such <br />ownership. Such affidavit shall be filed with the Planning Director <br />annually on October 1. <br />