Loading...
Ord 1816 - AMENDING THE SUBDIVISION ORDINANCE SECTION OF THE TOWN CODE TO PERMIT DEVELOPMENT REVIEW COMMITTEE APPROVAL OF LOT LINE ADJUSTMENTSORDINANCE 1816 AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE SUBDIVISION ORDINANCE SECTION OF THE TOWN CODE TO PERMIT DEVELOPMENT REVIEW COMMITTEE APPROVAL OF LOT LINE ADJUSTMENTS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN: SECTION I The Subdivision Ordinance Section of the Town Code of the Town of Los Gatos is hereby amended to permit Development Review Committee approval of lot line adjustments. SECTION II Section 27 -3.5 of the Town Code is amended as follows: Section 27 -3.5. Development Review Committee The Development Review Committee: (1) Under the provisions of Section 3.10.010 of the Zoning Ordinance and Section 66424.2 of the State Subdivision Map Act, determines whether lots have been merged. (2) Determines and issues zoning approval for lot line adjustments and lot mergers. (3) Regularly reviews and makes recommendations to the Planning Commission concerning the determination of all subdivision matters which come before the Planning Commission. SECTION III Section 27 -4 of the Town Code is amended as follows: Section 27 -4. Boundary Changes The Development Review Committee has authority to approve boundary changes when: (1) The boundary change will not create any new lack of conformity, or any increase in the degree of nonconformity, with ordinance or statute; (2) All owners of record title interest consent by means of acknowledged instruments in a form satisfactory to the town engineer; and (3) The development review committee determines the boundary change will not cause any condition that is contrary to the general public welfare. To evidence an approved boundary change, a map prepared from records or a record of survey showing all parcels in the after condition, as required by the town engineer, shall be recorded (Ord. No. 1371 § 5). SECTION IV Section 27 -6.5. Violations, Merger and Compliance (a) The question of whether real property has been divided in violation of the provisions of the Subdivision Map Act or of Town Ordinance, or has merged by operation of law under the provisions of the Subdivision Map Act and Town Ordinance is considered by the development review committee. (b) Notices of intention to record a Notice of Violation (Government Code Section 66499.36) are prepared and filed for record by the Town Attorney after consultation with the Town Engineer and Planning Director, and are signed by the Planning Director. PLNORD- RES \Ords \A -90-4B 2 (c) The development review committee determines whether land fails to comply with the provisions of the Subdivision Map Act or Town Ordinance in the same way it determines applications for tentative map approval. (d) Certificates of Compliance: Certificates of Compliance may be used for the following purposes: (1) To recognize an existing parcel as a separate unit from other units of land. (2) To terminate a notice of violation. (3) To evidence the unmerger of a parcel shown as a unit or contiguous units on the latest equalized county assessment roll in accordance with Sections 66451.30 and 66451.31 of the Subdivision Map Act. (e) The development review committee may condition issuance of the Certificate of Compliance in the manner provided by the Subdivision Map Act and Town Zoning Ordinance. The development review committee may deny issuance of a Certificate of Compliance only in those instances where it finds that compliance by the landowner with the conditions permitted under Government Code Section 66451.30 and 66499.35 is impossible. (f) Certificates of Compliance are prepared and filed by the Town Attorney and are signed by the Town Engineer and Planning Director. (g) The filing fees for applications for Certificates of Compliance determined by the advisory agency are set by Town Council Resolution. (h) Neither proceedings under this section, nor issuance of a Certificate of Compliance, bars any civil remedy, including the remedies mentioned in Government Code Section 66499.33 nor any criminal prosecution. 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. PLNORD- RES \Ords \A -90-4B 3 This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on March 5, 1990, and adopted by the following vote as an Ordinance of the Town of Los Gatos at a regular meeting for the Town Council on March 19, 1990. AYES: Joanne Benjamin, Eric D. Carlson, Robert L. Hamilton, Brent N. Ventura and Mayor Thomas J. Ferrito. NOES: None US-4 "1 1 1"WIMM ABSENT: None SIGNED: MAYOR OF TH OWN OF LOS GATOS ATTEST: CLERK OF THE TOWN O OS GATOS PLNORD- RES \Ords \A -90 -4B 4