Ord 0288-PRESCRIBING REGULATIONS GOVERNING THE SUBDIVISION OF LAND AND THE FILING AND APPROVAL OF SUBDIVISION MAPS, PROVIDING PENALTIES'AV
ORDINANCE N0. 26S
AN. ORDINANCE OF THE TO °TT7 OF LOS GATOS, CALIFORNIA, PRESCRIBING
REGULATIONS GOVERNING THE SUBDIVISION OF LAND 'TD THE FILING
AND APPROVAL OF SUBDIVISION KAPS, PROVIDING- PENALTIES FOi4 THE
VIOLATION THEREOF, A"+_ D DESIGNATIi G AN ADVISORY AGEi Cy, SAID
O1:D,DI NANCE BEI'JIG ADOPTED PURSUANT TO THE PROVISIONS OF THE SUB-
DIVISION MAP ACT OF THE. STATE OF CALIFORNIA AS Qv ENDEDI A -,,,,D
TO THE GENERAL POLICE P0`TERS OF THE TO':'M OF LOS GATOS.
THE 1J M%FN COUNCIL OF THE TOs',T1\T OF LOS GATOS, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1. LOCAL REGUf A'1,I01TS OF SUBDIVISIONS:
In addition to the requirements of the provisions of
_~'dhapter 2, Part 2, of Division 4 of the B-asiness ana Professions
Code of the State of California, referrec._ to herein as the.
Su'ac_ivilion ±'ap Act and any other re^ ulations provided by lati7,
the regulations contained in this Ordinance shall apply to all
subdivisions or parts of subdivisions hereafter made, of lana
t,7holly or partially T,7ithin the Town of Los Gatos and to the
preparation of subdivision maps thereof ana to other maps pro-
viaea for by the Subaivision 11ap Act, for approval; ana each
such suba ivision ana each part thereof lying 7,7ithin the Toian of
Los Gatos shall be made, ana each such map shall be prepared ana
presentea for approval, as hereinafter -orovided for and- req,3irea.
SECTION 2. DEFINITIONS:
For the purpose of this Ordinance the terms usea herein
are aef i_nea as f ollows:
(a) "Toi%,n" shall be aeemea to mean the °'oiin of Los Gatos, Santa
Clara County, California.
(b) "Engineer" shall be deemed to mean the Engineer designated
by the To,,7n Council as Town Engineer, 1, h o shall aiscl:large for
the To?f7n of Los Gatos those duties prescribed ' ereinafter to
be performed by the Engineer.
ic) "Tentative %ap" shall mean a map prepared in accordance
Tn;7 L. the of a-7h ~1 Subdi ~t • 1VP .U I it '1.7.
'tom provisions o_ e v_sion ,.ap Acs o -he Stat-e
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of California and with
purpose of showing the
existing conditions in
a aeta.ilea final serve;
(d) "Final flap" shall
the -orovisions of this
aesign of a -proposed s
and arouna it ana need.
of the property.
mean a. map prepared in
Ordinance for the
abaivision and the
not be based upon
accorc,_ance with
the provisions of the "subdivision Map Act" of the State of
California and with the provisions of this Ordinance, which
map is designed to be placed on record in the office of the
County Recorder.
(e) the definitions and meanings of all other terms as contained
in the said "Subaiv s?on Map Act" are hereby aaopted as the
meanings of such terms whenever they a1opear in this "Dr-ai Hance,
unless otherwise specifically aefinea or describes.
SECTION 3. ADVISORY AGENCY:
The Town Planning Commission of the 'own of Los Gatos,
hereinafter referred to as the Planning Commission, is hereby
designated as the "Advisory Agency" for the Town of Los Gatos
and is charged with the duties and powers of making investigations
and reports on the design and improvement of proposed subdivisions,
and of reporting on the approval, disapproval or conditional
approval thereof direct to the subdivider, as provided in the
said "Subai vi si on Viso Act"
SECTION 4. FOR: OF TENTATIVE. HAP A.,,,,-.D DATA TO APPEAR ThEP.EO F :
All tentative maps shah be made in accordance with the
urovisions of the said "Subdivision Map Act" , Ina shall, i n
aaditi on to the requirements of said Act, meet the following
rea irements in their preparation and filing:
Every tentative yap of a subdivision filed vi th the
Planning Commission shell be clearly and legibly drawn on tracing
cloth or tracing paper of good quality. It shall be ara?,,an on
A- 1 ~ ~ ~ ' n } t n
one or more sheets 18" x 26" in size, including a 1" margin
around the border, and of such scale, that one inch equal s not
more than one hundred feet so as to shoe clearly all details
thereof, and shall contain the following data, either on the
drawings or in an accompanying statement:
(a) The tract number which shall constitute the official des-
ignation of the map. This number shall be secured from the
County Surveyor, and if the subdivision is not recorded vTithin
one year from the date of filing of the tentative map, the
County Surveyor may cancel the assignment and the number may be
reassigned;
(b) Date, north point, and scale;
(c) Sufficient description or data to define the location and
the boundaries of the proposed tract; a.nd boundary lines shall
be shogun accurate in scale;
(d.) Names and addresses of record or,,aner and subdivider; name,
address and registration or license number and seal of engineer
or.surveyor;
(e) vocations., names and t.,zidths of adjacent streets, highways
and ways, and the names of adjacent s f6dlvi-slibn-a or the names of
record owners of adjoining parcels of u.nsubdivided land..
(f) Contour lines shoring one foot contours for ground slopes
of less than five feet vertical in one hundred feet horizontal
distance, and, rive foot contours for ground slopes in excess
thereof. Such contours shall be referred to mean sea level datum
as established by the United States Geological Survey, or to
bench mares established by the Engineer;
(g) The locations, names, widths, typical cross sections, and
proposed grades of all streets, highways and ways existing or
to be constructed in the subdivisions;
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(h) Lot lines t?ith approximate dimensions;
(i) Approximate radii of all curves;
(j) approximate location of areas subject to inundation or
storm water overflow and of all submerged areas, and the loca-
tion, width and direction of flo%,? of all water courses;
(k) The locations and widths of all proposed easements for
drainage and sewerage works and public utilities;
(1) Statement regarding water system to be installed, includ-
ing source, and outline of proposed system;
(m) Statement regarding provisions for sewerage, drainage--and
flood control works which are proposed;
(n) Statement of the improvements proposed to be made or installed
and of the time at which such improvements are proposed to be
made or completed;
(o) In the event that the Planning Commission deems it necess-
ary to provide for drainage of the subdivision, the subdivider
may be required to submit a plan for complete drainage, which
Dlan shall be subject- to the approval of the Planning Commission
and the Engineer.
(p) Proposed uses of the property and an outline of. a.ny proposed
deed rest:,ictions, including proposed building setback lines;
(q) Public areas proposed, if any; and
(r) The folloz.,.%ing certificates for signature and date shall
appear upon the tentative maps:
1. Filed with the Secretary of 'Planning Commis ion.
2. `recommendation of Engineer.
3.. Approval of Planning Commission and return to Sub-
SECT-ION 5> FILING OF TENTA.TIVE 1AAP ADD ACTION THEREON:
The subdivider shall file uith the Planning Commission
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five copies of the tentative map, made in accordance with the
reauirements of Section 4 of t. i s Card i nance, together with such
additicna.l copies as may be required by the Planning Commission
in accordance with the provisions of this section.
'h.e subdivider shall, at the time of filing the tenta-
tive ma,,o, pay to the Toiryn of Los Gatos a filing fee of five
dollars for a subdivision containing less than ten lots and ten
dollars for a subdivision containing ten or more lots. If
additional tentative maps covering the same tract or revisions
of the initial map are filed, no additional fee TT;ill be required,
but if land other than or in aa6ition to that shown on the
initial map is included in any such additional map,_ such map
shall be considered as a map of a new subdivision and an addition-
al fee of five dollars for less than ten lots, and ten dollars
for ten or more lots, shall be -oaid for such map.
If any Portion of the subdivision adjoins a Mate High-
way, the Planning Commission shall, within three days after the
filing of the tentative map, transmit ttiTo copies thereof to the
District Engineer of the State Division of H-ighi~oays, with a
statement that said Commission will consider any recommendation
,rah.ich said District Engineer may care to make with res-d' to
such subdivision tijithin fifteen days after receipt by him of the
co-oi es of the mao.
The Planning Commission shall not act on any tentative
,a unti-I -it receives a recort thereon from the District Engin-
eer, unless more than 15 days have elapsed after he has been
notified of fi-1ing of tentative map. The Planning Commission
shall, within thirty-five days after the filing of the tentative
map, -p-prove, conditionally ap-±rove or disapprove the same and
shall re-oort such action direct to the subdivider.
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SECTION 6. REGJL _gTIONS AS TO DESIGIN, OF STJBDTVIS TON:
The design of the subdivision "gall comply with the
f olloi,aing regulations:
(a) HIr,H'`,T YS AND 11 JOR STREETS:
1. The Higli vay and iia. j or Street layout of each sub-
division shall be based on sections of the Master
Plan which shall have been ado-oted for the portion
of the Town within which the subdivision lies.
~ • ~t~
~ z gnays and -~ajoY Stree+ ~s shall conform to the
T.7idth as adopted by the 1=aster Plan.
3. By-pass streets shall be provided around inter-
sections of Highways and Major Streets Tith each
other.
4. The center lines of all Hlgb lays a.nd Tla.jor Streets
'°~'hich are to be extended shall be the continuation
of the center lines of existing Highways and Major
Streets in adjacent and contiguous territory. In
cases in which straight continuations are not desir-
able., such center lines may be continued by curves.
f %b ) STREETS:
1. Local streets, except as hereinafter provided, shall
be sixty feet in oiidth.
2. The widths of streets shall be not less tl-i-an those
of the streets of which they are a continuation.
3. Short streets in residential districts may be approved
pith widths, of fifty feet.
4. Local streets in steep hillside subdivisions shall
be of such -widths as to provide twenty foot roadbeds,
adequate drainage and slopes for cuts and fills.
5. All streets shall, as far as practicable, be in align-
ment tr:ith existing adjacent streets by continuations
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of the center lines thereof or by curves, and shall
be in general conformity i,7ith the -o1ans made for the
most advantageous development of the area in tahi eh
the subdivision lies.
/6- Streets will be reap?i red to intersect one another
at an angle as near to a right angle as is practic-
able, and no intersections of streets at angles of
less than thirty degrees Till be approved, unless
necessitated by topographic conditions.
Street layout shall be designed to provide for fut-u?ze
access to and not impose undue hardship upon unsub-
d i vid ed property ad3 oining the subdivision. Reserve
strips at the ends of streets or at the boundaries
of subdivision shall.be deeded unconditionally to
the Tomn of Los &atos.
8. fherever a dead-end street is permitoed, an adequate
turning area -with a minimum radius of forty feet shall
be provided.
9. 'Whenever the size or location of a parcel of land
does not permit a lot layout directly related to
a normal street arrangement, there may be used a
court, non-connecting street or other ?public ,jay,
as best fits the case, provided that conditions are
as authorized in Section 14 of this Ordinance may
be requires it such cases.
10. Private streets, alleys or ,,a.ys shall not be platted
or laid out except with the ap-oroval of the Planning
So_m_missi on any then only on conditions -~Lhi ch guarantee
the construction of necessary local improvements and
continued maintenance thereof.
(c) ST .E'ET 171 AId ES :
1. Streets trial are obviously in al3.gnment with others
already existing and named shall bear the names of
such existing streets.
2. In order to avoid duplication, names to be sed for
new streets shall be subject to the approval of the
Planning Commission.
(d) ALLEYS:
1. Alleys t?-7enty feet wide shall be required in the rear
of all prospective business property.
2. 7,1here two alleys intersect, ten-foot corner cutoffs
will be reau4-rea.
3. In cases in lvThich alleys are. neat provided, easements
for public utilities may be required along the rear
of lots a.na/or elsewhere if necessary.
(e) GRADES AND CURVES:
1. Grades shall not exceed six per cent on highways,
eight per cent on major streets, or fifteen ner cent
on any street.
2. Center line radii shall be not less than five hun-
dred feet on high1ways, and on streets the center
line radii shall be not less than one hundred feet.
3. In cases in ~rhich angles instead: of curves are used,
the angles of deflection shall be such that the
angle points will fall on curves of the above mini-
mum radii, using chord lengths not greater than
one-tenth the radius of the curve in each case.
4. There shall be a tangent between all reversed
curves of at least 150 feet in length on all major
streets and nigh J7,~:ys; and at least 50 feet on all
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other streets.
5. Lesser radii and greater grades may be used upon
approval of the Planning Commission in cases in which
sufficient evidence is presented to shor that the
above requirements are not practicable.
(f) BLOCKS:
1. Blocks shall not exceed 1000 feet in length and dead
end_ streets shall not exceed 300 feet, unless the
brevious a-jacent layout or topograp ical conditions
justify a. variation from this recuirement. Long
blocks should be provided adjacent to main thorou. h-
fares in order to reduce the number of intersections.
2. The i,,width's of blocks shall conform to the provisions
of SEMPION 6 (g) of this Ordinance.
3. Pedestrian ways ten feet in -width shall be provided
through the middle of blocks over one thousand
feet in lengthy to connect dead end streets, or to
provide access to parks, schools, shopping centers
or other similar facilities.
4. At street intersections at angles of approximately
ninety degrees, the block corners shall be rounded
at the property line by a radius of not less than
twenty feet, A Ln optional method of a diagonal cut-
off may be used, provided that the dimensions there-
of do not reduce the visibility, side=walk ~-,.icth or
curb radius.
5. The curve radius shall conform to the radius of
existing corners a.t the same intersection where such
radius is greater than twenty feet.
6. Streets intersecting at an angle other than ninety
degrees will be considered special cases and 7=till
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be required to have sufficient radius or cut-off
to provide the same results as to traffic movement,
visibility and design as provided by the foregoing
requirements of this section.
(g) LOTS:
1. All lots shall have an area equal to that required
by the Zoning Ordinance. of the To7pTn of Los Gatos,
and in any case of not less than five thousand sauare
feet each, with an average =n~idth of not less than
fifty feet each, except ,rshere -oroaerty is zoned by
ordnance for business use, in i.:Thich case other
widths and areas may be permitted in the discretion
of the Planning. Commission..
Lots without frontage on a street dill not be per-
mitted.
3. Lot lines shall be approximately at right angles to
the street line on: which the lot faces.
4. Lots other than corner lots having double frontage
and with deaths of less than two hundred Feet will
not be approved except where necessitated by topo-
graphic or other physical conditions.
3. Corner lots shall have extra vfidth, sufficient to
permit the maintenance of building lines on both
front and side.
6. A11 lots shall be suitable for the pui,?Doses for
which they are untended to be sold.
(h) BUILDI IG LINES:
1. The Planning Commission shall reGu,,ire building lines
in accordance with the needs of each subf'ivision
unless the Town Zoning Ordinance establishes set-
back lines for the area being su'oaiviaea.
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W "AT"E R COURSES.
1. In the event that the subdivision is traversed
by any eater courses, channels, streams, or creeks,
the subdivider shall dedicate rihts of way or ease-
Z= for storm drainage purposes conforming sub-
stantially with the lines of such water courses,
channels, streams or creeks, or shall provide by
dedication further and sufficient rights of znray or
eas-ments as shall be recurred for str'uctu're or
chars nel changes or both, to dis-oose of such surface
7.-. -i-e-s.
nd storm Zh a li _and SECTION '7. SURVEYS MD H0NU:KTE1ti T S:
An accurate and complete boundary survey small be made
of t'._e land subdivided. A traverse of the exterior boundaries
of the tract and of each bloc's, trhen com ;uteri from field measure-
menu of the ground, must close within a. limit of error of one
foot to ten thousand feet of perimeter, before balancing of the
survey:
Whenever the Engineer has established the center line
of a street or alley; ties shall be made to such center lines
and to any monuments or reference points thereon.
In making the survey for the subdivision, the engineer
or surveyor shall set ?permanent monumen-.s with metal tag bear-
ing his license number at all boundary corners and in all street
intersections. =cnu ents in street intersection shall be offset
five feet from the -point ,of intersection of the center lines as
specified by the Engineer, except that in the case of curved
streets monuments shall be dated at t^e point of intersection
of the center lines.
Permanent monuments shall be firmly set, and shall not
be. less substantial than a one inch galvanized iron pipe, thirty
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inches long, driven at least thirty-six inches into the ground.,
centered ,,pith a plug, with the exact point to be preserved
marked. i,,, th a. metal tack, or a concrete post six inches in
ai a,.met- er by thirty inches in length set flush with the ground,
with the exact point to be ;preserved. marked with a copper wire
embedded four inches into the concrete.11.There monuments are set
in improved streets or highways, the top shall be at least six
inches below finished grade with a cast iron cover and frame
__.,set flush with the finished grade and supported independently
of the monument. All monuments shell be subject to inspection
and. approval by the Engineer before approval of the final map.
.Reaisood. hubs, each uvo inches square in cross section
and- not less than twelve inches in length shall be driven flush
, s-h the s-urfece of the grouna at :li lot corners, angle points
ana curve points where no monuments are set and in each case
the exact corner shall be marked. by a metal tack.
. ECTION S. IMPROVEIIENTS REQUIRED AND II~ SPECT'ION THEI;EOF+':
The subds,Tiaer shall improve all streets, h?;gh-morays,
,-Lbli c ways, alleys and easements vhi ch are a part of tie sub--
division, except reserved aedicaticns for future street purposes.
Such improvements shall be in accordance with the provisions
of Section 4 of this Orainan_ce and under the ter? s of tine "Sub-
division 11ap Act", and shall incluae the grading and surfacing
of streets, highi-aays and, public ana the drainage thereof;
t_ie provio_ing of such aomest-, c Zraater supply as may be necessary
to protect the public health; the p-roviai ng of a. sanitary sewer
system and sewage aisposal ti,7orks, or the connections to an exist-
ing se'Pwa.ge aisposal system, unless indsviaual seilage disposal
T•:7orks -nor each lot are to 'be perm!_teed; a.na the constructs -!-*rig of
such s tructure s as may be necessary to the use of the streets
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and hight,,7ays, the drainage thereof, and to the public safety.
X11 such improvements shall be constructed under the supervision
of the Engineer and according to such standards as exist or as
may be established by resolution of the mot.n Council, a.na shall
be installed to permanent grades approved by the Engineer, which
grades shall be at elevations above t,e level of any reasonably
possible inundation by storm or flood eaters.
Before beginning construction, a. compleUe set of plans,
-orofiles, cross sections and other drawings for all improvements
sr_all be submitted to the Engineer for approval and if approved,
the Engineer shall be furnished, without cost, one or more com-
plete sets as requirea. No -Tore shall commence unless authorized
by the Engineer.
The Engineer or his authorized_ representative shall have
the right to enter upon the site of said improvements for the
purpose of inspecting the same and shall be furnished with samples
of materials as he may require for the making of test to deter-
nine the acceptability of such materials. The subdivider shall
pay to tine Town of Los Gatos the actual costs for the inspection
of the work at the ?prevailing wage rates and the costs of check-
ing of the materials for said improvements during the entire
Dericd of construction. When the final m- ap is presented to the
Toirin Council for final approval, the subdivider shall give
evidence that he has deDositea wl th the Town Clerk a.. sum in the
amount estimated by the Engineer as being sufficient to cover
the costs of such inspections and tests, and other engineering
costs. If the amount so deposited exceeds the actual costs to
the To-vin of Los Gatos, the subdivider shall be reimbursed for
Lhe balance remaining. If the actual cost exceeds the deDosited
amount, the subdivider shall deposit uTi th the Town of Los Gatos
an additional sum as estimated by the Engineer. If the required
monuments and improvements are not completed satisfacborily
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•
before the final or record of survey map is fil, the owner or
owners of the subdivision shall, concurrently with the approval
of such map, enter into an agreement with the oTom Council, agree-
ing to have the work- completed tn7ithin the time speci f iea in said
agreement. Said agreement may provide for the improvement-s to
be installed in unite, for extensions of time under specified
conditions or for the termination of the agreement upon a. rever-
sion of the subdivision or a part thereof to acreage. Such
agreement shall be secured by a good and sufficient bona, approved
.15Y the Town Council or by the deposit of money or negotiable bonds,
as provi aea in the "Subdivision May- Act".
SECTION 9. FORSI OF FINAL IMI P AND DATA TO APPEAR THEREON:
Every final map shall be ara,-7n at a scale of one inch
equals 100 feet or less, on a sheet or sheets 18 inches by 26
inches in conformity t,7ith- all of the requirements of the "Sub-
division Map Act" and shall show:
(a) BOUNDARIES AND MONU11EMPS: °
1. The boundary lines of the subdivision i,.,,-ith accurate
distances and bearings, the exact location and ?:Math
of all existing or recorded streets intersecting the
boundary of the subdivision.
2. Correct bearings and- distances to the nearest esta'o-
fished street lines or official monuments, which
shall be accurately tied to the lines of the sub-
aivision by distances and bearings.
3. An accurate location of the Subdivision in reference
to the records of real property of t;'--Le Count-y of
Santa Clara.
4.. Location of monuments in conformity with the reauire-
menus of the Engineer.
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J
(b) LOT AND BLOCK DATA:
1. Street and alley names.
2e The length of all arcs, radii, internal angles,
points of curvature, and length and bearing of the
tangents.
3. All block and lot numbers and lines with accurate
dimensions in feet and hundredths and with bearings
and angles to streets and alley lines.
4. Each block and each lot shall be shown entirely on
one sheet.
5. Town boundaries must not cut a. lot but must be a
line of a lot.
(c) STREETS AND EASEMENTS:
1. The center lines and total width of all streets,
the width of the portion being dedi cited, and width
of existing dedication.
2. The accurate outline of all property which is offered
for dedication for public use with the purpose indi-
cated thereon, and of all propert`, that may be reserved
by deed covenant for the common use of the property
owners in the subdivision or the Town of Los Gatos.
3. Center and side lines of all easements to which the
lots are subject.
4. Such deed_ restrictions as may be imposed by sub-
divider or required under Section 6 (b) and 6 A)
of this Ordinance.
5. Offer of Dedication for yublic use of all parcels
of land sh6wn on map as intended for public use
except those parcels, other than streets which are
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intended for the e«clusive use of the lot o?fners
in the subdivision, their licencees, visitors, ten-
ants and servants.
(a) REVERSION TO ACREAGE:
1. Upon the title sheet of each map fi ea for the
purpose of reverting subaiviaea la.na to acreage,
the subtitle shall consist of the voras "REVERSION
TO ACREAGE of
insert a legal description of the land )
being reverted.
2. No dedication for street or other public purposes
shall be reamred as a condition of approval of a
reversion to acreage map.
5. Maps recorded solely for the purpose of combining
portions. of vacated streets with adjoining lots
shall be treated in procedure as Rever-sion to Acre-
age Maps.
(e) MISCELT A_`TEOUS DATA:
1. Tract number of the subaivision
26
3.
b
56
SECTICN 10b
Name and address of the
True Forth point, scale
Signed and ac'_:nowleaged
in Section 10 of this 0:
All other data that are
CERTIFICATES TO APPEAR
subdivider
and date
certificates required.
~-ainance
reauirea by la7,T.
ON FINAL IGLU
The following certificates shall appear on all final maps'
(a) Ou~NERS CERTIFICATE; A certificate, signed and acknow-
ledged by all parties having any record title or interest in the
land subdivided, consenting to the preparation and recordation
of said map;'
(b) DEDICATION CERTIFICATE: A certificate signed and acknowledgea
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as above offering for ded-ication for public use those .certain
-oarcels of land which said parties desire to dedicate.
(c) E-11'GI3',EER' S CERTIFICATE: A certificate by the civil engineer
or licensed_ surveyor responsible for the survey and final map.
The signature of which civil engineer or surveyor unless accom-
panied by his seal, must be attested.
(d) Basis of bearings note.
(e) A certificate for exec'_ztion by the 101"n Engineer.
(f) A certificate for execution by the clerk of each approving
governing body.
(g) A certificate for execution by the County Recorder.
SECTION 11. CER' IFI CAT ES TO ACC01-1P AN Y.' FI tiAL 11, AP:
The following ng data. must be presented at the time of
presenting final nap for approval:
(a) The subdivid..er shall furnish to the Planning Commission a
guaranty title or letter from a competent title company, approved
bir the Council, certifying that the signatures of all persons
whose consent is necessary to pass a clear title to the land
being subdivided and all ackno?^,,led.gments thereto appear on the
proper certificates and are correctly shoinTn on said map, both
as to consents as to the making thereof and affidavits of dea,
cation w1riere necessary. Such guaranty shall be issued for the
benefit of the Toxin and protection of the Toirn Council and shall
be continued coril_ple le up to the instant of recordation of the
map.
(b) A letter from the County Auditor, and from the ToT7n Auditor,
each certifying that according to the records of his office there
are no liens against the subdivision or any part thereof for
unoaid state, county, municipal or local taxes or special assess-
-ments not yet payable and as to the latter the subdivider shall
submit a, statement by each proper . officer giving his estimate
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of the amount of taxes and assessments i5,7 ich are a lien, but
,ohich are not yet payable.
(c) A certificate of the Toiin Clem as to the tax bond must
accompany fine! maps filed betz•:-een the first 1:11londay in ,,larch
and_ the third i,11onday in October.
(d) All other data and material that are now or may hereafter
be required by late.
SECTION 12. FILING OF FINAL 117AP AND ACTION THEREON:
tirithi n one year after the date of approval or conditional
~Raapproval of the Tentative map by the Planning Commission, the
subdivider shell cause the proposed subdivision to be accurately
surveyed in accordance Tith any and all alterations or changes
r-ec:uired th.ereti;ri th, and cause the final map to be pr•eparea there-
for. The failure of a subs iviaer to file such a final reap i•lith
the Engineer within one year after such date of ap --noval or
conditional approval of the Tentative 11ap, shall automatically
terminate and void! the proceedings. The final map of the sub-
division and accompanying data shall be submitted to the Engineer
for checking and approval at least two weeks before the Regular
meeting of the Town Council at which approval thereof is desired.
Said map shall be accompanied by the f ollwili ng data and material
vvhi ch shall be provided by the subdivider or his agent.
(a) A traverse sheet, giving latitudes and departures, sholo., ng
the mathematical closure, ,,Jithin the allot.,=able limits of error,
of the exterior boundaries of . the tract in all cases in i hi ch
said boundaries are irregular or in which the tract is laid out
in irregular blocks, and of the exterior boundaries of all irregu-
lar bloc'-s, 'and- of the exterior boundaries of all irregular lots
and blocks.
(b) The necessary sets of plans and profiles of the improvements
reaui red by the provisions of Section 8 and of this section of
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this Ordinance. These plans and profiles must show full details
of the improvements and shall ordinar-i ly be to a scale of one
hundred feet to the inch horizontal and six feet vertical.
(c) No bluprints, Vandyke negative and one blue line print
on cloth of Qe map, made after signatures have been affixed.
If the subdivision ac_joins apy state highway, an additional blue-
print shall be furnished as may be required.
(d) A statement that all monuments have been installed and
_ Improvements completed in accordance with the .Mans and specifi-
cations as approved by t_'-e Engineer, or t'_'3.at an agreement approved
by the Torn Council of the Town of Los Gatos has been concluded
as required in Section S.
(e) A st=atement of the water supply installed or available fog
the subdivision, including information as to the source, quality
and adequacy of the supply.
(f) A statement of the sewerage works and sewage disposal
facilities installed, proposed or available for the subdivision,
together with a statement from the Town Health Officer as to
whether in his opinion the proposed system is adequate and will
operate without creating a public or private nuisance, but no
such statement shall be required where the subdivision is to be
sewered by connection to an existing public sewer system. If
septic to hs are to be constructed, the subdivider must submit
acceptable engineering tests to prove the effectiveness of the
soil in aisposal of liquids therefrom..
(g) At the time of filing the Final Map and accompanying data,
the subdivider shall pay to the Town for the purpose of checking,
computing, investigating, surveying and other matters required
by law and these regulations the sure of f Ween dollars ($15.00)
as a fee and in addition shall pay to the town fifty cents (501)
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for each lot shown on said Final 11ap to cover the actual cost
to the Town of checking the information indicated on the Final
Map and if the mount so aeposi tee. exceeds the actual cost to
the Town the subdivider shall be ?tee i mbursed for the balance
remaining. If the actual cost exceeds the deposited amount, the
Engineer shall withhold approval of the Final Map until the
Subdivider shall deposit with the Torten the excess amount.
(h) 'Then all the certifications which are reouirea on the
F'in_al ?'snap (except the a;:;proval certificate of the Clerk of the
Iown Council) have been signed, ana where necessary, aeknoI,.rledged,
the Final 1,1ap may be filed iiith the Town Council of Los Gatos
for approval. The Town Council shell accept or reject any or
all offers of dedication of land for ;Dublic use at the next
regular mee Ling thereof after filing of the final map.
SECTION 13. RECORD OF SURVEY MAPS:.
Except as otherwise provided in the "Subdivision 111ap
Act" and Chapter 5005 Statut-ds of 1933, as amended, the pro-
visions, fees, charges, and procedure relating to Final Maps
shall apply to Record_ of Survey lviaps.
SECTION 14. EXCEPTIONS TO REQUIREIIN E ITS
The Planning Commission may in the exercise of reason-
able judgment grant such variances as it determines warranted
where the sire of the subdivision or topographic conaitLons of
the property r.al~ie it impractical fo conform to all of t11.e provisions
-or escribed by this Ordinance, provided ho',wever that no variances
may be made to any requirements imposed by the "Subdivision I1ap
Act .
SECTION 15. ADDITIONAL SUGGESTIONS BY P! XN''T7TNG COH1 I5SION:
In the case of every large subdivision, the Planning
Commission shall suggest to the subdivider the advisabil ity of
dedicating suitable areas for the parks, playgrounds and school
ana other -public building sites that ''."Till be required for the
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use of the population which is intended to occupy the subdivisioft
under the plan of proposed property uses therein. In all cases,
the Planning Commi s si cn s1na-11 suggest to the subdivider such
measures as ~t~iZZ oreserve and- enhance the scenic values of the
Toz,Tn and the conditions making for excellence of residential,
com-nercial or industrial development, as the case may be.
SECTION 16. VALIDITY:
If any section, sub-section, sentence, clause or phrase
=.Ro this Ordinance is for any reason held by a court of competent
jurisdiction to be invalid, such decision shall not affect the
validity of the remaining portions of this Ordinance. The Town
Council hereby declares ghat it would have ?;3assed this Ordinance
and each section, sub-section, sentence, clause and nnra.se hereof
irrespective of the fact that any one or more sections, sub-
sections, sentences, clauses, or phrases, be declared invalid.
SECTION l?. REFERENCE:
This Ordinance may be referred to as the LOS GATOS SUB-
DIVISION? ORDINX`: CE. Reference to section numbers herein are to
sections of t'.li s Ordinance.
SECTION 18. PENALTIES FOR VIOLATION:
Any person, firm, corporation or association, or employee
or agent thereof, who violates any of the provisions, or fails
to comply *ith any ^f the mandatory requirements of this Ordin-
ance, or offers to sell, contracts to sell or sells or leases
contrary to the provisions of t.-Lis Ordinance, is guilty of a
misdemeanor and upon conviction thereof shall be punishable by
fine of not less than Twenty-five 025.00) Dollars and not
more than Five Hunc;red 4500.00) Dollars or imprisonment in the
County Nail for a period of not more than six months, or by both
such fine and imprisonment.
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SECTION 19 ® ENACTMENT:
This Ordinance shall take effect and be in force thirty
(30) days from and after date of ins passage acid before the ex-
piration of fifteen (15) days after ius oassa e it shall be
~)ublis'r_ed once with the names of the members voting for and against
the wine in the LOS GATOS TIMES a netti spaper published in the
Town of Los Gatos.
Introduced at a regular meeting of the Town Council of
the Town of Los Gatos, State of California, held on February 2,
1948.
PASSED 4 D ADOPTED as an Ordinance of the To:fn of Lcs
Gatos, California, at a regular meeting of the Town Council
thereof _aeld on February lo, 1948, by the follow ng vote:
AYES and in favor ther=eof :
COU CIL?-MEN H. F. BOONE
JAS. F. THOM'PSON
. L. H. WRIGHT
J. C. ADAM
,,'OES : COU v CILTHEN none
ABSENT COUIXILMEN C. A. KIRKENDALL
AT72EST:
H the- Town of Los Gatos
f //~fJ
~T Town Clerk
(SEAL)
PUBLISH .1948.
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