Loading...
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