Ord 1676 - AMENDING SECTION 3.96.050 OF THE TOWN ZONING ORDINANCE RELATING TO SECONDARY DWELLING UNITSORDINANCE NO. 1676
AN ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING SECTION 3.96.050 OF THE
TOWN ZONING ORDINANCE RELATING
TO SECONDARY DWELLING UNITS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS:
SECTION I.
Section 3.96.050 is amended to read:
SEC. 3.96.050: OCCUPANCY
Either - the primary or the secondary dwelling unit shall remain rental only with
the other unit remaining owner occupied, except as provided in subsection (2)
below:
(1) If a property is owner occupied at the time of granting a secondary
dwelling unit permit, the owner shall:
(a) sign an affidavit declaring under penalty of perjury that either the
primary or secondary dwelling unit is owner's principal residence and
will continue to be so for as long as the property is under such
ownership. Such affidavit shall be filed with the Planning Director
annually on October 1; and,
(b) agree to the recordation of a deed restriction which will require
owner occupancy of either the primary or secondary dwelling unit upon
transfer of title. Any subsequent owner shall then be required to
sign an affidavit declaring under penalty of perjury that the property
will be owner occupied for as long as the property is under such
ownership. Such affidavit shall be filed with the Planning Director
annually on October 1.
(2) If neither the primary nor the secondary dwelling unit is owner occupied at
the time of granting a secondary dwelling unit permit, the owner shall
agree to the recordation of a deed restriction which will require owner
occupancy of either the primary or secondary dwelling unit upon transfer of
title. Any subsequent owner shall then be required to sign an affidavit
declaring under penalty of perjury that the property will be owner occupied
for as long as the property is under such ownership. Such affidavit shall
be filed with the Planning Director annually on October 1.
SECTION II
This ordinance takes effect 30 days after the date it is adopted. Within 15
days after this ordinance is adopted the Town Clerk shall cause it to be published
once in a newspaper of general circulation published and circulated in the Town.
This ordinance was introduced at a regular meeting
of the Town Council of the Town of Los Gatos on February 3rd 1986 and adopted
by the following vote as an ordinance of the Town of Los Gatos at a regular meeting
of the Town Council on February 18th , 1986.
AYES: COUNCIL MEMBERS Eric D. Carlson, Thomas J. Ferrito,
Brent N. Ventura, and Mayor Terrence J. Daily
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS Joanne Benjamin
SIGNED:
MAYOR OF THE TOW OF LOS GA OS
ATTEST:
CQ'd-Ltl e &z4'd.-
CLERK OF THE TOWN 0'F-LOS GA
PLNOl:TC2 /3 #8
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