Ord 1681 - URGENCY INTERIM ZONING ORDINANCE EXTENDING ORDINANCE NO. 1678 EXTENDING THE DURATION OF NONCONFORMING STATUS AS LISTED III SECTION 3.50.050 OF THE LOS GATOS ZONING ORDINANCE FORORDINANCE NO. 1681
URGENCY INTERIM ZONING ORDINANCE EXTENDING ORDINANCE NO. 1678
EXTENDING THE DURATION OF NONCONFORMING STATUS AS LISTED III
SECTION 3.50.050 OF THE LOS GATOS ZONING ORDINANCE FOR
NONCONFORMING USES LOCATED ON PROPERTIES THAT ARE TO
BE ACQUIRED BY THE STATE OF CALIFORNIA FOR ROUTE 85.
THE TOWN OF LOS GATOS HEREBY ORDAINS:
SECTION I.
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 strict enforcement of Section 3.50.050 for properties that are to be
acquired by the State of California for Route 85 would result in a threat to public
health, safety and welfare, as follows:
a. The property owner would find it virtually impossible to find a short
term tenant thereby creating a vacant building with the potential of
becoming an attractive nuisance.
b. The vacant structure will become unsightly in short order which could
result in the deterioration of other structures in the immediate area
and would lead to depressed property values.
c. There is uncertainty as to the specific parcels that will be acquired
for Route 85, especially at major intersections, which makes for an
uncertain situation and is subject to change.
d. The Planning Commission has undertaken the task of preparing the Route
85 Specific Plan and it would be premature to require the removal of a
nonconforming use until said Plan has been completed.
e. It is, therefore, necessary to adopt an urgency interim zoning ordinance
that will permit nonconforming uses located on properties that are to be
acquired by the State of California for Route 85 to continue upon the
issuance of Conditional Use Permit by the Planning Commission.
f. Adoption of this ordinance is consistent with and implements Section
5.5, subsection 3 of the General Plan as follows:
The Town shall maintain the existing uses in and along the
corridor for 1/4 mile on either side until the planning
for the corridor is completed and funding allocated. All
properties in the 1/4 mile area shall be zoned to reflect
current use until the corridor is developed or committed.
g. It is therefore necessary to extend to March 3, 1988 Ordinance No. 1678,
an urgency interim Zoning Ordinance, extending the date a nonconforming
use located on property that is to be acquired by the State of
California for Route 85 may be permitted to continue upon the issuance
of a Conditional Use Permit by the Planning Commission. The two year
extension is intended to provide the Planning Commission with an
opportunity to consider the Route 85 Specific Plan and any Zoning
Ordinance amendments necessary to permanently implement this urgency
ordinance or to implement the Route 85 Specific Plan.
SECTION II.
Notwithstanding Section 3.50.050 of the Los Gatos Zoning Ordinance, a
nonconforming use located on property that is to be acquired by the State of
California for Route 85 may be permitted to continue in its present location upon
the issuance of a Conditional Use Permit by the Planning Commission as follows:
a. The Conditional Use Permit shall be processed without fee pursuant to
Section 5.20.200 et seq.
b. An application for a Conditional Use Permit shall be submitted within
sixty (60) days of the effective date of this ordinance.
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c. If the tenant is the property owner, the use shall be terminated at such
time as the property is acquired by the State. If the tenant is not the
property owner, the use shall terminate at the time the lease agreement
in effect on 1/1/86 expires or the property is acquired by the State,
whichever occurs first except as provided in subsection c.
d. If the State does not acquire the property, the nonconforming use
must cease within one year after the State determines not to buy the
property. The Town shall notify the property owner and /or the lessee
of the date the use must cease when the State decides not to acquire
the property.
e. Findings:
The Planning Commission, on the basis of the evidence submitted at
the hearing, may grant a Conditional Use Permit pursuant to Section
5.20.200 of the Zoning Ordinance if it finds that:
1. The property is shown on official records to be acquired by
the State of California for Route 85.
2. The property is not suitable for any other type of use
permitted in the Zone for the interim period.
3. There is no history of complaints regarding the use that is
requesting permission to continue.
f. Decision:
The Planning Commission shall include a specific date when the use
must cease as a condition of approval based on evidence submitted at
the hearing.
SECTION III.
This ordinance shall take effect immediately and shall be of no further
force and effect after March 3, 1988.
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SECTION IV.
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 introduced and adopted by the following vote as an
urgency interim zoning ordinance of the Town of Los Gatos at a regular meeting of
the Town Council on April 71h , 1986.
AYES: COUNCILMEMBERS Joanne Benjamin, Eric D. Carlson, Brent N.
Ventura, and Mayor Terrence J. Daily
NOES: COUNCILMEMBERS None
ABSTAIN: COUNCILMEMBERS Thomas J. Ferrito
ABSENT: COUNCILMEMBERS None
RNPIOR
SIGNED:
ATTEST:
Mayor of the TdVn of Los Gatos
S� 4�_Z '412� -
Clerk of the 'Town of Los Gato
PLNOI:TC 4/7 #6
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