Loading...
Ord 1665 - AMENDING THE TOWN SUBDIVISION ORDINANCE TO PROVIDE FOR A NEW FORM OF TENTATIVE MAP CALLED A "VESTING TENTATIVE MAP"ORDINANCE NO. 1665 AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN SUBDIVISION ORDINANCE TO PROVIDE FOR A NEW FORM OF TENTATIVE MAP CALLED A "VESTING TENTATIVE MAP" THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS: SECTION I Section 27 -3 of the Town Code is amended to read: Section 27 -3. Advisory agency; powers. The P1anninq Commission is the advisory agency for the Town authorized to approve, conditionally approve or disapprove all maps except vesting tentative maps. The Town Council is the advisory agency for vesting tentative maps. SFr.TT nN TT Article VIII is added to Chapter 27 of the Town Code to read as follows: ARTICLE VIII. VESTING TENTATIVE MAPS Section 27.08.010: Citation and Authority This ordinance is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the State of California (hereinafter referred to as the Vesting Tentative Map Statute), and may be cited as the Vesting Tentative Map Ordinance. Section 27.08.020: Purpose and Intent It is the purpose of this ordinance to establish procedures necessary for the implementation of the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act and this Chapter 27. Except as otherwise set forth in the provisions of this ordinance, the provisions of this Chapter 27 shall apply to vesting tentative maps. To accomplish this purpose, the regulations outlined in this article are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development. Section 27.08.030: Consistency No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the General Plan and any applicable specific plan or not permitted by the Zoning Ordinance or other applicable provisions of the Town Code. Section 27.08.040: Definitions (a) A "vesting tentative map" shall mean a "tentative map" for a residential subdivision, as defined in this Chapter, that shall have printed conspicuously on its face the words "Vesting Tentative Map" at 'the time it is filed in accordance with Section 27.08.060, and is thereafter processed in accordance with the provisions hereof. (b) All other definitions set forth in this Chapter are applicable. Section 27.08.050: Application (a) This article shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by the Town Subdivision Ordinance, requires the filing of a tentative map or tentative parcel map for a residential development, a vesting tentative map may instead be filed, in accordance with the provisions hereof. - 2 - Section 27.08.050: Application (cont.) (b) If a subdivider does not seek the rights conferred by the Vesting Tentative Map Statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction. Section 27.08.060: Filing and Processing A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in Article II of this chapter for a tentative map except as hereinafter provided: (a) At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map." (b) At the time a vesting tentative map is filed a subdivider shall also file those other applications, complete with required fees, plans and other documentation, that would otherwise be required by the Town Zoning Ordinance - to be filed and approved before the proposed use could become operative, or before building or other permits could be issued to implement the use. Any reviewing body or the advisory agency may require the filing of any other application not otherwise required by the Zoning Ordinance, if in the body's opinion such application and the information included is necessary for the consideration of the vesting tentative map. These applications include, but are not limited to applications for Architecture and Site approval, Conditional Use Permit, Variance, Grading, Tree Removal and any other applicable discretionary approval. Section 27.08.070: Expiration The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by this Charter for the expiration of the approval or conditional approval of a tentative map. _3e Section 27.08.080: Vestinq on Approval of Vestinq Tentative Ma (a) The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Government Code Section 66474.2. However, if Government Code Section 66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved. (b) Notwithstanding subdivision (a), a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined: (1) A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both. (2) The condition or denial is required, in order to comply with State or Federal law. (c) The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 27.08.070. If the final map is approved, these rights shall last for the following periods of time: (1) An initial time period of one (1) year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded. _40 Section 27.08.080: Vesting on Approval of Vesting Tentative Map (cont.) (2) The initial time period set forth in (c)(1) shall be automatically extended by any time used for processing a complete application for Site and Architectural Approval, if such processing exceeds 30 days, from the date a complete application is filed. (3) A subdivider may apply for a one -year extension at any time before the initial time period set forth in (c)(1) expires. If the extension is denied, the subdivider may appeal that denial to the Town Council within 15 days. (4) If the subdivider submits a complete application for a building permit during the periods of time specified in subdivisions (1) - (3), the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit. Section 27.08.090: Applications Inconsistent with Current Policies Notwithstanding any provision of this ordinance, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in Section 27.08.080 and the Town may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. CPrTT nK1 T T T 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. - 5 - This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on November 18 , 1985 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council on December 2 , 1985. AYES: COUNCIL MEMBERS Joanne Benjamin, Eric D. Carlson, Brent N. Ventura, and Mayor Terrence J. Daily NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS Thomas J, Ferrito ABSENT: COUNCIL MEMBERS None SIG NED : MAYOR OF THE WN OF LOSIGATOS ATTEST: CLERK OF THE TOWN OF OS GAT PLNOI;VEST ORD ORDINANCE NO. 1665 -• .- .A !' �fr e ar •.. �:, ,.,_.,, - r..- .a;t._ �"!" AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN SUBDIVISION ORDINANCE TO PROVIDE FOR A NEW FORM OF TENTATIVE MAP CALLED A "VESTING TENTATIVE MAP" THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS: SECTION I Section 27 -3 of the Town Code is amended to read: Section 27 -3. Advisory agency; powers. The Planning Commission is the advisory agency for the Town authorized to approve, conditionally approve or disapprove all maps except vesting tentative maps. The Town Council is the advisory agency for vesting tentative maps. SECTION II Article VIII is added to Chapter 27 of the Town Code to read as follows: ARTICLE VIII. VESTING TENTATIVE MAPS Section 27.08.010: Citation and Authority This ordinance is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the State of California (hereinafter referred to as the Vesting Tentative Map Statute), and may be cited as the Vesting Tentative Map Ordinance. Section 27;08:020: Purpose and Intent It is the purpose of this ordinance to establish procedures necessary for the implementation of the Vesting Tentative Map Statute; and to supplement the provisions of the Subdivision Map Act and this Chapter 27. Except as otherwise set forth in the provisions of this ordinance; the provisions of this Chapter 27 shall apply to vesting tentative maps: To accomplish this purpose, the regulations outlined in this article are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development: Section 27.08.030: Consistency No land shall be subdivided and developed map for any purpose which is inconsistent applicable specific plan or not permitted by applicable provisions of the Town Code: Section 27.08.040: Definitions pursuant to a vesting tentative with the General Plan and any the Zoning Ordinance or other (a) A "vesting tentative map" shall mean a "tentative map" for a residential subdivision, as defined in this Chapter, that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with Section 27:08:060, and is thereafter processed in accordance with the provisions hereof. (b) All other definitions set forth in this Chapter are applicable: Section 27.08.050: Application (a) This article shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by the Town Subdivision Ordinance, requires the filing of a tentative map or tentative parcel map for a residential development, a vesting tentative map may instead be filed, in accordance with the provisions hereof. - 2 - Section 27008:050: Application (cont.) (b) If a subdivider does not seek the rights conferred by the Vesting Tentative Map Statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction: Section 27:08.060: Filing and Processing A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in Article II of this chapter for a tentative map except as hereinafter provided: (a) At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map." (b) At the time a vesting tentative map is filed a subdivider shall also file those other applications, complete with required fees, plans and other documentation, that would otherwise be required by the Town Zoning Ordinance to be filed and approved before the proposed use could become operative, or before building or other permits could be issued to implement the use. Any reviewing body or the advisory agency may require the filing of any other application not otherwise required by the Zoning Ordinance, if in the body's opinion such application and the information included is necessary for the consideration of the vesting tentative map. These applications include, but are not limited to applications for Architecture and Site approval, Conditional Use Permit, Variance, Grading, Tree Removal and any other applicable discretionary approval. Section 27.08.070: Expiration The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by this Chapter for the expiration of the approval or conditional approval of a tentative map. - 3 - i Section 27:08:080: Vesting on Approval of Vesting Tentative Map (a) The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Government Code Section 66474:2: However, if Government Code Section 66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved. (b) Notwithstanding subdivision (a), a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined: (1) A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both. (2) The condition or denial is required, in order to comply with State or Federal law. (c) The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 27.08.070. If the final map is approved, these rights shall last for the following periods of time: (1) An initial time period of one (1) year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded. - 4 - Section 27.08.080: Vesting on Approval of Vesting Tentative Map (cont.) (2) The initial time period set forth in (c)(1) shall be automatically extended by any time used for processing a complete application for Site and Architectural Approval, if such processing exceeds 30 days; from the date a complete application is filed. (3) A subdivider may apply for a one -year extension at any time before the initial time period set forth in (c)(1) expires. If the extension is denied, the subdivider may appeal that denial to the Town Council within 15 days. (4) If the subdivider submits a complete application for a building permit during the periods of time specified in subdivisions (1) - (3) the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit. Section 27.08.090: Applications Inconsistent with Current P Notwithstanding any provision of this ordinance, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in Section 27.08.080 and the Town may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. SECTION III 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. - 5 - _ThAs,, orOnance, was, introduced at a regular mee.tl.ng of th.e Town Council of the Town of Los. Gatos on November 18, 1985 and adopted by th.e following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council on December 2, 1985. AYES: COUNCIL MEMBERS Joanne Benjamin, Eric D. Carlson, Brent N. Ventura, and Mayor Terrence J, Dail NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS Thomas J. Ferrito ABSENT: COUNCIL MEMBERS , None SIGNED: /s/ Terrence J. Daily MAYOR OF THE TOWN OF LOS GATOS ATTEST: /s/ Rose E. Aldag (seal) CLERK OF THE TOWN OF LOS GATOS Due to lack of publication in a.timely manner this Ordinance was readopted on January 6, 1986. AYES: COUNCIL MEMBERS Joanne Benjamin, Brent N. Ventura, and Mayor Terrence J. Daily �__� 4 ___ Y _, NOES: COUNCIL MEMBERS N one ABSTAIN: COUNCIL MEMBERS Thomas J. Ferrito ABSENT: COUNCIL MEMBERS Eric D. Carlson SIGNED: AYOR OF THE TO. N OF LOS GAT PS ATTEST: �.._�. CLERK F THE OWN OF LOS ' T S 6