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Ordinance 1191 - AMENDING AND SUPPLEMENTING THE SUBDIVISION ORDINANCE OF THE TOWNINTER - OFFICE M EMO TO: WHOM IT MA CONCERN DATE: 3/5/75 _ FROM: JO 'LEIBFRITZ DEPT. TOWN CLERK SUBJECT: ORDINANCE 1191 Ordinance 1191, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING AND SUPPLEMENTING THE SUBDIVISION ORDINANCE OF THE TOWN was introduced and adopted by the Town Council as an urgency Ordinance, at the recommendation of the Town Attorney, Mr. Preston Hill. Following February 18th meeting when adopted, the Ordinance was published in the local newspaper. On March 3, 1975, the Town Attorney recommended Ordinance be adopted again, with no change other than adoption date on the last page, to insure compliance of State Codes, if Ordinance were ever challenged. Following adoption the second time on March 3,1975, the Ordinance was published again. Jo Leibfri z Town Clerk ORDINANCE. NO. 1191 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING AND SUPPLEMENTING THE SUBDIVISION ORDINANCE OF THE TOWN THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN: SECTION 1 CITATION AND AUTHORITY This ordinance is adopted to supplement and implement the Subdivision Map Act and may be cited as the "Subdivision Ordinance Supplement of the Town of Los Gatos ". SEC. 2 DEFINITIONS The following words and phrases shall have the meaning respectively ascribed to them: SECTION 3 . "Subdivider" means a person, firm, corporation, partnership or associate who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others. SEC. 4 . "Subdivision" means the division of any improved or unimproved land, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights -of -way. "Subdivision" includes a condominium project, as defined in Section 1350 of the Civil Code or a community apartment project, -1,�. as defined in Section 11004 of the Business and Professions Code. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels. SECTION 5 ADVISORY AGENCY (a) Tentative maps. The Planning Commission is the "advisory agency" for tentative maps. (b) Parcel maps. The Architecture and Site Committee is the "advisory agency" for parcel maps. SEC. 6 . A parcel map shall be and recorded for any subdivision for which a tentative and final map is not required by the Subdivision Map Act except for subdivisions created by short term leases (terminable by either party on not more than 30 days' notice in writing) of a portion of an operating right -of -way of a railroad corporation defined as such by Section 230 of the Public Utilities Code; provided, however, that upon a showing made to the advisory agency based upon substantial evidence, that public policy necessitates such a map, this exception shall not apply. Such maps shall meet all the requirements of the Subdivision Map Act and of this ordinance and shall show all dedications or offers of dedication thereon. The advisory agency may require that such dedications or offers of dedication be made by deed in lieu of or in addition to appearing on the map. -2- SEC. 7 . When a parcel map is required by _this ordinance, a tentative parcel map shall first be filed with the Planning Department. Said map shall meet all the requirements for tentative maps provided by the Subdivision Map Act and this ordinance. SEC. 8 TENTATIVE MAP PROCESSING FEE Every person submitting a final map, parcel map or tentative map shall pay a processing.fee in an amount prescribed by resolution of the Council. Until such resolution is passed after the effective date of this ordinance, schedule in effect prior to adoption of this ordinance shall apply. SEC. 9 FILING OF TENTATIVE MAP Tentative maps shall be filed with the Planning Department and shall be processed in accordance with the Subdivision Map Act and the provisions of this ordinance. The subdivider shall file as many copies of the tentative map as may be required by the Planning Director. SEC. 10 PUBLIC HEARING The advisory agency shall hold a public hearing on the consideration of each tentative map, and notice thereof shall be given as provided in Section 66451.3 of the Subdivision Map Act. Any interested person may appear at such a hearing and shall be heard. -3- i SEC. 11 NOTICE OF HEARING Whenever a. public hearing is held pursuant to this ordinance, the notice shall state time and place of the hearing, and a general description of the location of the subdivision. SEC. 12 APPROVALS The advisory agency is authorized to approve or disapprove tentative maps, to impose such conditions on approvals as are necessary, either for the public welfare or to offset the burdens the subdivision will impose on the public, and to make findings under the provisions of Government Code sections 66473.5 and 66474. SEC. 13 EXPIRATION OF TENTATIVE MAP APPROVAL (a) Expiration The approval or conditional approval of a tentative map shall expire 12 months from the date the map was approved or conditionally approved. (b) Extension The person filing the tentative map may request an extension of the tentative map approval or conditional approval by written application to the Planning Department, such application to be filed at least 60 days before the approval or conditional approval is due to expire. The application shall state the reasons for requesting the extension. In granting an extension, new conditions may be imposed and existing conditions may be revised. MM • i (c) Time Limit on Extensions An extension or extensions of tentative map approval or conditional approval shall not exceed an aggregate of two years. (d) Effect of Map Modification on Extension Modification of a tentative map after approval or conditional approval shall not extend the time limits imposed by this section. SEC. 14 APPEALS (a) The subdivider may appeal from any action of the advisory agency with respect to a tentative map to the Town Council. (b) Any interested person adversely affected by a decision of the advisory agency may file a complaint with the Town Clerk concerning such decision. Any such complaint shall be filed with the Clerk within 15 days after the action which is the subject of the complaint. The Town Council may, in its discretion reject the complaint within 15 days or set the matter for public hearing. If the Town Council rejects the complaint, the complainant shall be notified of such action. if the matter is set for hearing, the hearing shall be conducted and notice thereof given as provided by Government Code Section 66451.3 and by this ordinance. (c) In addition to the provisions of subsections (a) and (b) any interested person may appeal any decision of the advisory agency relative to the provisions of Government Code -5- Sections 66473.5, 66474, 66474.1 and 66474.6 to the Town Council. Such appeal and the hearing thereon shall be conducted in the manner provided by Government Code Section 66452.5(a) and (b). SEC. 15 DEDICATION REQUIREMENTS As a condition of approval of a map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets, alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements. In addition, the subdivider shall improve or agree to improve all streets, alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements. SEC. 16 IMPROVEMENT SECURITY: REQUIRED Any improvement agreement, contract or act required or authorized by the Subdivision Map Act, for which security is required, shall be secured in the manner provided for in Section 66499 of the Subdivision Map Act. SEC. 17 IMPROVEMENT SECURITY: AMOUNT The improvement security shall be in the maximum amount set forth or authorized in Section 66499.3 of the Subdivision Map Act. If the improvement security is other than a bond or bonds furnished by duly authorized corporate surety, an additional amount shall be included as determined by the Town Council as necessary to cover the cost and reasonable expenses and fees, including reasonable attorneys' fees, which may be incurred by the Town in successfully enforcing the obligation secured. The improvement security shall also secure the faithful performance of any changes or alterations in the work to the extent that such changes or alterations do not exceed 10 percent of the original estimated cost of the improvement. SEC. 18. ENVIRONMENTAL IMPACT No parcel or tentative map filed pursuant to the provisions of this ordinance shall be approved until an environmental impact analysis is prepared, processed and considered in accordance with the provisions of this ordinance. The subdivider shall provide such additional data and information and deposit and pay such fees as may be required for the preparation and processing of environmental review documents. SEC. 19 . GRADING AND EROSION CONTROL. Every map approved pursuant to this ordinance shall be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damage to off -site property, set forth in this ordinance, The Uniform Building Code and the Town Subdivision Ordinance. SEC. 20 . The immediate preservation of the public safety, -7- X_ health and welfare requires the adoption of this ordinance as an urgency measure. The fact constituting the need for such action is that Chapter 1536 becomes operative on March 1, 1975. This statute is a comprehensive revision of the Subdivision Map Act and contains numerous procedural changes along with some substantive changes. The state act is necessary to regulate and control the design and improvement of subdivisions throughout the State of California. Development in California is an ever- continuing process and it is necessary for the cities to keep current and implement necessary provisions of the state law. In order that the Town's ordinance implementing the state law can take effect and become operative approximately at the same time as the state law, it is necessary that the effective dates coincide. Therefore, this ordinance is declared to be an ordinance adopted as an urgency measure and is to be effective March 1, 1975. SEC. 21 URGENCY AND TAKING EFFECT The Town Clerk of the Town of Los Gatos shall cause this ordinance to be published once within fifteen (15) days after IM Its adoption, in bhe Los Gatos Times- Saratoga Observer, a newspaper of general circulation, published and circulated in the Town of Los Gatos. The above and foregoing ordinance was duly and regularly introduced at a regular meeting of the Town Council of the Town of Los Gatos held on the 18th day of February , 1975. PASSED AND ADOPTED as an ordinance of the Town of Los Gatos, California, at a regular meeting of the Town Council, held on the 3rd day of March , 1975, by the following vote: AYES: COUNCILMEN Ruth Cannon Mark B. DiDuca Egon Jensen Albert B. Smith John B. Lochner NOES: COUNCILMEN None ABSENT: COUNCILMEN None OF THE TOWN OF LOS — GATOS /ATTEST: ,y'V CLERK THE OF 'S GA S ORDINANCE NO. 1 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING AND SUPPLEMENTING THE SUBDIVISION ORDINANCE OF THE TOWN THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN: SECTION 1 CITATION AND AUTHORITY This ordinance is adopted to supplement and implement the Subdivision Map Act and may be cited as the "Subdivision Ordinance Supplement of the Town of Los Gatos ". SEC. 2 . DEFINITIONS. The following words and phrases shall have the meaning respectively ascribed to them: SECTION 3 . "Subdivider" means a person, firm, corporation, partnership or associate who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others. SEC. 4 . "Subdivision" means the division of any improved or unimproved land, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale., lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights -of -way. "Subdivision " includes a, condominium project, as defined in Section 1350 of the Civil Code or a community apartment project, -1�- as defined in Section 1.1004 of the Business and Professions Code. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels. SECTION 5 ADVISORY AGENCY (a) Tentative maps. The Planning Commission is the "advisory agency" for tentative maps. (b) Parcel maps. The Architecture and Site Committee is the "advisory agency" for parcel maps. SEC. 6 . A parcel map shall be filed and recorded for any subdivision for which a tentative and final map is not required by the Subdivision Map Act except for subdivisions created by short term leases (terminable by either party on not more than 30 days notice in writing) of a portion of an operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code; provided, however, that upon a showing made to the advisory agency based upon substantial evidence, that public policy necessitates such a map, this exception shall not apply. Such maps shall meet all the requirements of - the Subdivision Map Act and of this ordinance and shall show all dedications or offers of dedication thereon. The advisory agency may require that such dedications or offers of dedication be made by deed in lieu of or in addition to appearing on the map. -2- SEC. 7. When a parcel map is required by this ordinance, a tentative parcel map shall first be filed with the Planning Department. Said map shall meet all the requirements for tentative maps provided by the Subdivision Map Act and this ordinance. SEC. 8 TENTATIVE MAP PROCESSING FEE Every person submitting a final map, parcel map or tentative map shall pay a processing fee in by resolution of the Council. Until such r after the effective date of this ordinance, effect prior to adoption of this apply. SEC. 9 FILING OF TENTATIVE MAP Tentative maps shall be filed with the an amount prescribed Dsolution is passed the schedule in ordinance shall Planning Department and shall be processed in accordance with the Subdivision Map Act and the provisions of this ordinance. The subdivider shall file as many copies of the tentative map as may be required by the Planning Director. SEC. 10 PUBLIC HEARING The advisory agency shall hold a public hearing on the consideration of each tentative map, and notice thereof shall be given as provided in Section 66451.3 of the Subdivision Map Act. Any interested person may appear at such a hearing and shall be heard. -3- SEC. 11. NOTICE OF HEARING Whenever a public hearing is held pursuant to this ordinance, the notice shall state time and place of the hearing, and a general description of the location of the subdivision. SEC. 12. APPROVALS The advisory agency is authorized to approve or disapprove tentative maps, to impose such conditions on approvals as are necessary, either for the public welfare or to offset the burdens the subdivision will impose on the public, and to make findings under the provisions of Government Code sections 66473.5 and 66474. SEC. 13 EXPIRATION OF TENTATIVE MAP APPROVAL (a) Expiration The approval or conditional approval of a tentative map shall expire 12 months from the date the map was approved or conditionally approved. (b) Extension The person filing the tentative map may request an extension of the tentative map approval or conditional approval by written application to the Planning Department, such application to be filed at least 60 days before the approval or conditional approval is due to expire. The application shall state the reasons for requesting the extension. In granting an extension, new conditions may be imposed and existing conditions may be revised. (c) Time Limit on Extensions. An extension or extensions of tentative map approval or conditional approval shall not exceed an aggregate of two years. (d) Effect of Map Modification on Extension Modification of a tentative map after approval or conditional approval shall not extend the time limits imposed by this section. SEC. 14 APPEALS (a) The subdivider may appeal from any action of the advisory agency with respect to a tentative map to the Town Council. (b) Any interested person adversely affected by a decision of the advisory agency may file a complaint with the Town Clerk concerning such decision. Any such complaint shall be filed with the Clerk within 15 days after the action which is the subject of the complaint. The Town Council may, in its discretion reject the complaint within 15 days or set the matter for public hearing. If the Town Council rejects the complaint, the complainant shall be notified of such action. If the matter is set for hearing, the hearing shall be conducted and notice thereof given as provided by Government Code Section 66451.3 and by this ordinance. (c) In addition to the provisions of subsections (a) and (b) any interested person may appeal any decision of the advisory agency relative to the provisions of Government Code -5- Sections 66473.5, 66474, 66474.1 and 66474.6 to the Town Council. Such appeal and the hearing thereon shall be conducted in the manner provided by Government Code Section 66452.5(a) and (h) . SEC. 15. D EDICATION REQUIREMENTS As a condition of approval of a map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets, alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements. In addition, the subdivider shall improve or agree to improve all streets, alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements. SEC. 16 IMPROVEMENT S ECURITY: REQUIRED Any improvement agreement, contract or act required or authorized by the Subdivision Map Act, for which security is required, shall be secured.in the manner provided for in Section 66499 of the Subdivision Map Act. SEC. 17 IMPROVEMENT SECURITY: AMOUNT The improvement security shall be in the maximum amount set forth or authorized in Section 66499.3 of the Subdivision Map Act. If the improvement security is other than a bond or bonds furnished by duly authorized corporate surety, an 200 additional amount shall be included as determined by the Town Council as necessary to cover the cost and reasonable expenses and fees, including reasonable attorneys' fees, which may be incurred by the Town in successfully enforcing the obligation secured. The improvement security shall also secure the faithful performance of any changes or alterations in the work to the extent that such changes or alterations do not exceed 10 percent of the original estimated cost of the improvement. SEC. 18 ENVIRONMENTAL IMPACT No parcel or tentative map filed pursuant to the provisions of this ordinance shall be approved until an environmental impact analysis is prepared, processed and considered in accordance with the provisions of this ordinance. The subdivider shall provide such additional data and information and deposit and pay such fees as may be required for the preparation and processing of environmental review documents. SEC. 19 GRADING AND EROSION CONTROL Every map approved pursuant to this ordinance shall be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damage to off -site property, set forth in this ordinance, The Uniform Building Code and the Town Subdivision Ordinance. SEC. 20. The immediate preservation of the public safety, -7- health and welfare requires the adoption of this ordinance as an urgency measure. The fact constituting the need for such action is that Chapter 1536 becomes operative on March 1, 1975. This statute is a comprehensive revision of the Subdivision Map Act and contains numerous procedural changes along with some substantive changes. The state act is necessary to regulate and control the design and improvement of subdivisions throughout the State of California, Development in California is an ever-continuing process and it is necessary for the cities to keep current and implement necessary provisions of the state laws In order that the Town's ordinance implementing the state law can take effect and become operative approximately at the same time as the state law, it is necessary that the effective dates coincide. Therefore, this ordinance is declared to be an ordinance adopted as an urgency measure and is to be effective March 1, 1975. SEC. 21 . URGENCY AND TAKING EFFECT. 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 the Los Gatos Times - Saratoga Observer, a newspaper of general circulation, published and circulated in the Town of Los Gatos. The above and foregoing ordinance was duly and regularly introduced at a regular meeting of the Town Council of the Town of Los Gatos held on the 18th day of February , 1975. PASSED AND ADOPTED as an ordinance of the Town of Los Gatos, California, at a regular meeting of the Town Council, held on the 18th day of February , 1975, by the following vote: AYES: COUNCILMEN Ruth Cannon Mark B. DiDuca Egon Jensen Albert B. Smith John B. Lochner NOES: COUNCILMEN None ABSENT: COUNCILMEN None SIGNED: MAYOR OF THE TOWN OF LOS GATOS Zx ATTEST: CLERK OF THE TOWN OF S GATOS