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Ordinance 1127 - REPEALING ORDINANCES DUPLICATING STATE LAW, AND AUTHORIZING THE TOWN COUNCIL TO PROHIBIT OR RESTRICT SMOKING AT TOWN MEETINGSORDINANCE NO. 1127 AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE SUBDIVISION ORDINANCE PROVIDING FOR TENTATIVE MAP AND LOT DIVISION PROCEDURES. THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN: SECTION 1. Section 27 -13 of the Los Gatos Town Code is amended to read: SEC. 27 -13 SAME -- EXTENSION OF TIME LIMIT The time limit of fifty days for acting on a tentative map may be extended by mutual consent of the subdivider and. the Planning Commission. SECTION 2. Section 27-14 of the Los Gatos Town Code is amended to read: SEC. 27 -14. ACTION OF PLANNING COMMISSION; FILING OF AMENDED MAP The Planning Commission, within fifty days from the date of the receipt of a tentative map of a subdivision shall approve, conditionally approve or disapprove the map and shall report its action directly to the subdivider. In the event of a disapproval of the map by the Planning Commission, the subdivider shall be furnished, with a statement of the reason for such disapproval. In the event of conditional approval, the subdivider shall be furnished with a statement showing what changes are necessary to make the map conform to the requirements of the Subdivision Map Act and of this chapter, and a statement of the conditions precedent to the approval of the final map, which conditions may include but are not limited required. to be constru.eted.; the width, location and purpose of easements required to be dedicated; and such other matters as may in the opinion of the Planning Commission be appropriate in each case. A subdivider may, at his discretion, file an amended tentative map with the Planning Commission during the period of time in which his original tentative map is before the Commission for action. In such cases, the time limits established by this chapter shall date from the day of the filing of the amended map. If no action is taken by the Planning Commission on a tentative map within the time limits as specified, the tentative map, as filed, shall be deemed to be approved, and it shall be the duty of the secretary of the Planning Commission to certify the approval. SECTION 3. Section 27 -17 of the Los Gatos Town Code is amended to re ad SEC. 27 -17. APPEAL OF ACTION OF PLANNING COMMISSION TO TOWN COUNCIL Any interested person who is dissatisfied with any action of the Planning Commission with respect to a tentative map, or the kinds, nature and extent of the improvements recommended by the advisory agency tube required may, within fifteen days after such action, appeal to the Town Council for a public hearing thereon. The Town Council shall hear the appeal, upon notice to the subdivider, the appellant and the Planning Commission, (unless the appellant consents to a continuance) within At the time fixed for the hearing the Town Council shall proceed. to hear the testimony of the appellant, the subdivider, any witnesses in their behalf, and testimony of the representatives of the Planning Commissicn or any witness in its behalf. It may also hear the testimony of other competent persons respecting the character of the neighborhood in which the subdivision is to be located, the kinds, nature and extent of improvements, the quality or kinds of development to which the area is best adapted and, any other phase of the matter with respect to which it may desire to inquire into. Upon conclusion of the hearing, the Town Council shall, within seven days or at its next succeeding meeting, declare its findings based upon the testimony produced before it. It may sustain, modify, reject or overrule any recommendations or rulings of the Planning Commission and may make such findings as are not inconsistent with the provisions of this chapter and the Subdivision Map Act. SECTION 4. Section 27-80 of the Los Gatos Town Code is amended to read SEC. 27-80 ACTION OF PLANNING COMMISSION The Planning Commission, within fifty days from the date of receipt of an application for approval of a lot division under this article, shall approve, conditionally approve or disapprove the application and. shall report its action directly to the applicant. In the event of a disapproval of the application by tle Planning Commission, the applicant shall be furnished with a statement of the reason for such disapproval. In the event of a conditional approval, the applicant shall be furnished a statement of such conditions, which may include a revision of the number, dimensions or shape of the parcels; the construction or completion of street improvements on the adjoining street; the construction or completion of sewers, drains and public utilities necessary for the use of the parcels for the purpose intended; the granting to the Town of any easements or rights of way necessary for the use of the parcels for the purpose intended and consistent with the Town Planning Commission's General Plan or standard requirements for land development; and such bonds or other guarantees as will insure full compliance with the provisions of the conditional approval. SECTION S. Section 27 -81 of the Los Gatos Town Code is amended. to read: SEC. 27 -81. APPEALS. If any interested person is dissatisfied with the action of the Planning Commission under this article, he may appeal to the Town Council as provided in Section 27 -17. SECTION 6. THIS ORDINANCE SHALL TAKE EFFECT and. shall be in forOb thirty days after the date of its adoption. The Town Clerk of the Town of Los Gatos shall cause this Ordinance to be published once within fifteen 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 re.qular mPA't' nf t-rA Tnywn of the Town of Los Gatos held on the 6� day of Au ust 1973. PASSED AND ADOPTED as an Ord.inanee of the Town of Los Gatos, California, at a regular meeting of the Town Couneil, held on , 1973, by the following vote the 20th day of AMSYE � AYES: COUNCILMEN uth a n n Char]es E DeFreitas Egon Jensen John Lochner ark B D °Duca NOES, COUNCILMEN None ABSENT: COUNCILMEN None SIGNED: MAYOR OF THE TOWN OF LOS GATOS ��� f:r✓ ,. � g £,(,mot' .� ATTEST w. CLE RK THE TOWN ` LO GATOS