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Attachment 1Page 1 of 4 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 Page 2 of 4 ATTACHMENT 1 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 Page 3 of 4 ATTACHMENT 1 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. Page 4 of 4 ATTACHMENT 1 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