Ord 1612 - Urgency Ordinance Extending Interim Ordinance Precluding Second Units Under Government Code Section 65852ORDINANCE NO. 1612
URGENCY ORDINANCE EXTENDING INTERIM ORDINANCE PRECLUDING
SECOND UNITS UNDER GOVERNMENT CODE SECTION 65852.2(c)
UNTIL JUNE :2, 1985
The Town Council of Los Gatos hereby ORDAINS:
Section 1.
Pursuant to Government Code Section 65858(a), the Council adopted
Urgency Ordinance No. 1580 on June 6, 1983 prohibiting second units, as
defined in Government Code Section 65852.2(d), from any zone in the Town.
Said urgency ordinance made the findings required by Government Code
Section 65852.2(c) and Section 65858(c) and its expiration date was
forty -five days from date of adoption, which was July 21, 1983. On July
18, 1983 the Council adopted Urgency Ordinance No. 1583, extending
Ordinance No. 1580 for ten months and 15 days from the date of adoption
of said urgency ordinance which is June 2, 1984. Pursuant to Government
Code Section 65858(a) the Council hereby finds that it is necessary to
extend Urgency Ordinance No. 1580, as extended by Urgency Ordinance No.
1583, for an additional year which is June 2, 1985.
Section 2.
Pursuant to Government Code Section 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
Government Code Section 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 by June 2, 1984.
b. Government Code Section 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 Section 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 further extend the urgency
interim ordinance precluding second units as allowed in Government Code
Section 65852.2(c) pending completion of the General Plan revision until
June 2, 1985.
Section 3.
Pursuant to Government Code Section 65852.2(c), the Council hereby
finds as follows:
a. The adoption of this ordinance (and Ordinances Nos. 1580 and
1583), 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 extension of Ordinance
Nos. 1580 and 1583 as follows: the allowance of second units as provided in
Government Code Section 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 2(d) of this ordinance.
Section 4.
A second unit, as defined in Government Code Section 65852.2(d), shall
not be allowed in any zone.
Section 5.
This ordinance shall take effect immediately and shall be of no
further force and effect after June 2, 1985. The Town Clerk shall submit a
copy of this ordinance to the State Department of Housing and Community
Development within 6U days after its adoption.
Section 6.
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.
This ordinance was adopted by the following vote as an urgency
ordinance of the Town of Los Gatos at a regular meeting of the Town Council
on March 19th , 1984•
AYES: COUNCILMEMBERS Joanne Benjamin, Eric D.
Carlson, Terrence J. Daily, Brent N. Ventura
and Mayor Thomas J. Ferrito
NOES: COUNCILMEMBERS None
ABSTAIN: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS None
SIGNED:
ATTEST:
-2-
AN
-2-