Ord 1670 - AN URGENCY ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN SUBDIVISION ORDINANCE TO PROVIDE FOR NEW FORM OF TENTATIVE MAP CALLED A "VESTING TENTATIVE MAP"ORDINANCE N0; 1671
AN URGENCY ORDINANCE OF THE TOWN OF LOS GATOS AMENDING
THE TOWN SUBDIVISION ORDINANCE TO PROVIDE FOR
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:
((C. :'r .
fir`,. f� /. 15 - ,,-6
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 (cunt.)
(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.
MM
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 (cunt.)
(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:
- 5 -
CFCTTnhl TTT
It is necessary for the immediate preservation of the public peace, health
and safety of the citizens of the Town that this ordinance take effect
immediately as an urgency measure: The facts constituting the need for such
action are as follows: (1) State Government Code Section 66498.8 mandates
cities by January 1; 1986 to adopt ordinances or resolutions necessary or
appropriate for the implementation of Chapter 4 :5 of Division 2 of Title 7 of
the Government Code relating to Development Rights and Vesting Tentative Maps;
(2) On December 2; 1985 the Town Council adopted Town ordinance No: 1665 in
compliance with Government Code Section 66498 :8; (3) Due to an error Ordinance
No: 1665 was not published and will not become effective until February 5; 1986
upon its readoption on January 6; 1986; (4) A local ordinance regulating Vesting
Tentative Maps is necessary to preserve the peace, health and safety of the
citizens of the Town because the Town's ordinance requires the filing of other
related applications and information necessary to evaluate the vested tentative
map in accordance with Town land use policies as set forth in the Town Zoning
Ordinance, General Plan and the Specific Plans. (5) Adoption of an urgency
ordinance is necessary so that the Town's ordinance implementing the State law
can take effect and become operative approximately at the same time as mandated
by Government Code Section 66498.8:
crrTTOKI T11
This ordinance shall take effect immediately and be of no further force and
effect after the effective date of Town Ordinance No: 1665:
SECTION V
The Town Clerk of the Town of Los Gatos shall cause this ordinance to be
published once within fifteen (15) days after its adoption, in a newspaper of
general circulation published and circulated in the Town:
!WW
This urgency ordinance was introduced and adopted at a regular meeting
of the Town Council of the Town of Los Gatos on January 6, 1986 by the
following vote:
AYES: COUNCIL MEMBERS Joanne Benjamin, T homas J. F errito, Brent
N. Ventura, and Mayor Terrence J. Daily
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS Eric D. Carlson
SIGNED:
ATTEST:
MAYOR OF THE TftN OF LOS GTOS
CLERK OF THE TOWN OF LOS GPM