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Ord 1580 - URGENCY INTERIM ORDINANCE PRECLUDING'SECOND UNITS UNDER GOVERMENT CODE §65852.2(c)ORDINANCE N0. 1580 URGENCY INTERIM ORDINANCE PRECLUDING'SECOND UNITS UNDER GOVERMENT CODE §65852.2(c) The Town Council of Los Gatos hereby ORDAINS: .qF('T'Tn M 1 Pursuant to Government Code §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 Goverment Code §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 within 120 days after July 1, 1983. b. Goverment Code §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 §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 adopt an urgency interim ordinance precluding second units as allowed in Government Code §65852.2(c) pending completion of the General Plan revision. SECTION 2. Pursuant to Government Code §65852.2 (c), the Council hereby finds as follows: a. The adoption of this ordinance, temporarily precluding second units in the Town, may limit housing opportunities of the region. However, such limitation will be minor, because it is only an interim measure pending completion of the General Plan revision. b. Specific adverse impacts on the public health, safety, and welfare would result from allowing second units within single - family and multi- family zoned areas, and such impacts justify the adoption of this ordinance, as follows: the allowance of second units as provided in Government Code §65852.2(b) pending completion of a permanent policy on said units as part of the General Plan revision would create the specific adverse impacts set forth in Section 1 -d of this ordinance. .lvr TnN 'I A second unit, as defined in Goverment Code §65852.2(d), shall not be allowed in any zone. gPr..TTnT\T 'A This ordinance shall take effect immediately and shall be of no further force and effect 45 days after adoption. The Town Clerk shall submit a copy of this ordinance to the State Department of Housing and Comrnnity Development within 60.days after its adoption. SECTION 5. Within 15 days after this ordinance is adopted, the Town Clerk shall cause it to be published once in a newspaper of general circulation and circulated in the Town. -2- This ordinance was adopted by the following vote as an urgency ordinance of the Town of Los Gatos at a regular meting.of the Town Council on June 6, 1983. AYES: COUNCILMEMBERS J oanne B enjamin, Terrence J: Daily; T homas J. Ferrito, MarLyn J. Rasmussen, and Mayor Brent N. Ventura NOES: COUNCILM EMBERS None ABSTAIN: OOUNCIIMEMBERS None ABSENT: COUNCIIMEMBERS None Offliol ATTEST: o Deputy Clerk of the To of Los Gatos —3—