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ATTACHMENT 1
ORDINANCE 201 8 -
AN INTERIM URGENCY ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
LOS GATOS EXTENDING FOR A PERIOD OF ONE YEAR THE MORATORIUM
PROHIBITING THE ISSUANCE OF LAND USE DEVELOPMENT ENTITLEMENTS WITHIN
THE NORTH 40 SPECIFIC PLAN AREA UNTIL AN UPDATE TO THE NORTH 40 SPECIFIC
PLAN HAS BEEN COMPLETED
WHEREAS, on August 15 , 201 7 , in accordance with Government Code section 65858,
the Town Council at a duly noticed public meeting took testimony and adopted Interim
Ordinance 2 260 , an urgency interim ordinance that prohibited, for a period of 45 days the
process ing or approv a l of any land use development entitlements in the North 40 Specific Plan
Area pending completion of the updates to the North 40 Specific Plan ; and
WHEREAS , on September 19 , 201 7 , in accordance with Government Code section
65858, the Town Council at a duly noticed public meeting took testimony and adopted Interim
Ordinance 226 2 , an urgency interim ordinance that prohibited, for a period of ten months and
fifteen day s the processing or approval of any land use development enti tlements in the North
40 Specific Plan a rea pending completion of the updates to the North 40 Specific Plan.
("Extension Ordinance"); and
WHEREAS , on August 15, 2018 , in accordance with Government Code section 65858,
the Town Council at a duly noticed public meeting took testimony regarding this urgency
ordinance to extend Interim Ordinance 226 2 ; and
WHEREAS , the Town Council has considered, and by adopting this Extension Ordinance
ratifies and adopts, the report, which is incorporated in the Staff Report dated August 10, 2018 ,
describing the measures taken to date to alleviate the conditions which led to the adoption of
Ordinance 2 260 and 2262 ; and
WHEREAS , because the conditions justifying the adoption of Interim Ordinance 2 260
and 2262 have not been alleviated, the Town Council now desires to extend the moratorium
Draft Ordinance: subject to
modification by Town
Council based on
deliberations and direction
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established by Interim Ordinance 2 262 for an additional year , as permitted by Government
Code Section 65858(b); and
WHEREAS , the Town Council finds that this Extension Ordinance is not subject to the
California Environmental Quality Act ("CEQA") (Public Resources Code sections 21000 et seq.),
because it will not result in a direct or r easonably foreseeable indirect physical change in the
environment because this Extension Ordinance prevents changes in the environment pending
the contemplated review of the Specific Plan. CEQA Guidelines, sections 15060(c)(2).
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS , DOES ORDAIN
AS FOLLOWS:
SECTION 1. The Town Council of the Town of Los Gatos finds that the above recitals
are true and correct.
SECTION 2. This Extension Interim Urgency Ordinance prohibits the Town Council,
Planning Co mmission , and the Community Development Department from approv ing any
planning permits, preliminary development plans, final development plans, subdivisions,
discretionary permit s or any other land use development entitlements in the North 40 Specific
Plan a rea pending completion of the updates to the North 40 Specific Plan.
SECTION 3. This Extension Interim Urgency Ordinance shall not pr ohibit the issuance
of a building permit for any use which has secured all necessary planning permits, preliminary
development plan, final development plan, subdivision, and/or any other required discretionary
permit from the Town of Los Gatos within the North 40 Specific Plan a rea .
SECTION 4. This Extension Interim Urgency Ordinance is enacted pursuant to the
authority conferred upon the Town Council of the Town of Los Gatos by G overnment Code
Sections 65858, 36934 , and 36937, and shall be in full force and effect immediately upon its
adoption by a four -fifths (4/5) vote of the Town Council as if and to the same extent that such
Ordinance had been adopted pursuant to each of the individual sections set forth herein above.
SECTION 5. In adopting this Extension Interim Urgency Ordinance, the Town Council
finds and determines that each of the recitals contained in Interim Urgency Ordinance 2260 and
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2262 are true and correct, and that the adoption of this Extension Interim Urgency Ordinance is
necessary to protect the public safety, health , and welfare, as those terms are defined in
Government Code Section 65858(a).
SECTION 6. Adoption of this Extension Interim Urgency Ordinance is exempt from
further environmental review under the California Environmental Quality Act (California Public
Re sourcesACodeA§§A21000,AetAseq.,A“CEQ ”)Aand the CEQA Guidelines (14 California Code of
Regulations §§ 15000, et seq.) because it establishes rules and procedures for minor alterations
in land use. This Extension Interim Urgency Ordinance, therefore, is cat egorically exempt from
further CEQA review under the CEQA Guidelines §15305. This Extension Interim Urgency
Ordinance does not authorize any new construction or development entitlements. Any
proposed project that will utilize the changes set forth in this Extension Interim Urgency
Ordinance will be subject to CEQA review as part of the entitlement review of the project. The
Extension Interim Urgency Ordinance will not adversely impact the environment and is
therefore exempt from the provisions of CEQA.
SECT ION 7. In accordance with the provisions of Government Code section 65858(b),
t his Extension Interim Urgency Ordinance shall be of no further force or effect one year from
August 15, 2018.
SECTION 8. This ordinance shall be published as provided i n Government Code section
36933.
SECTION 9 . If any section, subsection, sentence, clause, or phrase of this Extension
Interim Urgency Ordinance is for any reason held to be invalid or unconstitutional by a decision
of any court of any competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Extension Interim Urgency Ordinance. The Town Council hereby
declares that it would have passed this Extension Interim Urgency Ordinance, and each and
every section, subsection, sentence, clause , and phrase thereof not declared invalid or
unconstitutional without regard to whether any portion of the Extension Interim Urgency
Ordinance would be subsequently declared invalid or unconstitutional.
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PASSED AND ADOPTED by th e Town Council of the Town of Los Gatos at a regular public
meeting held on the 1 5 th day of August on a motion of _______________________, seconded
by ______________________________, and on the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA