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:
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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.
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A second unit, as defined in Goverment Code §65852.2(d), shall not be
allowed in any zone.
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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.
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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
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