Ord 1816 - AMENDING THE SUBDIVISION ORDINANCE SECTION OF THE TOWN CODE TO PERMIT DEVELOPMENT REVIEW COMMITTEE APPROVAL OF LOT LINE ADJUSTMENTSORDINANCE 1816
AN ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE SUBDIVISION ORDINANCE SECTION OF THE TOWN CODE
TO PERMIT DEVELOPMENT REVIEW COMMITTEE APPROVAL OF
LOT LINE ADJUSTMENTS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN:
SECTION I
The Subdivision Ordinance Section of the Town Code of the Town of Los Gatos is
hereby amended to permit Development Review Committee approval of lot line
adjustments.
SECTION II
Section 27 -3.5 of the Town Code is amended as follows:
Section 27 -3.5. Development Review Committee
The Development Review Committee:
(1) Under the provisions of Section 3.10.010 of the Zoning Ordinance and
Section 66424.2 of the State Subdivision Map Act, determines whether lots have been
merged.
(2) Determines and issues zoning approval for lot line adjustments and lot
mergers.
(3) Regularly reviews and makes recommendations to the Planning
Commission concerning the determination of all subdivision matters which come
before the Planning Commission.
SECTION III
Section 27 -4 of the Town Code is amended as follows:
Section 27 -4. Boundary Changes
The Development Review Committee has authority to approve boundary changes
when:
(1) The boundary change will not create any new lack of conformity, or
any increase in the degree of nonconformity, with ordinance or statute;
(2) All owners of record title interest consent by means of acknowledged
instruments in a form satisfactory to the town engineer; and
(3) The development review committee determines the boundary change
will not cause any condition that is contrary to the general public welfare.
To evidence an approved boundary change, a map prepared from records or a record
of survey showing all parcels in the after condition, as required by the town engineer, shall
be recorded (Ord. No. 1371 § 5).
SECTION IV
Section 27 -6.5. Violations, Merger and Compliance
(a) The question of whether real property has been divided in violation
of the provisions of the Subdivision Map Act or of Town Ordinance, or has merged
by operation of law under the provisions of the Subdivision Map Act and Town
Ordinance is considered by the development review committee.
(b) Notices of intention to record a Notice of Violation (Government Code
Section 66499.36) are prepared and filed for record by the Town Attorney after
consultation with the Town Engineer and Planning Director, and are signed by the
Planning Director.
PLNORD- RES \Ords \A -90-4B 2
(c) The development review committee determines whether land fails to
comply with the provisions of the Subdivision Map Act or Town Ordinance in the
same way it determines applications for tentative map approval.
(d) Certificates of Compliance:
Certificates of Compliance may be used for the following purposes:
(1) To recognize an existing parcel as a separate unit from other units of
land.
(2) To terminate a notice of violation.
(3) To evidence the unmerger of a parcel shown as a unit or contiguous
units on the latest equalized county assessment roll in accordance with Sections
66451.30 and 66451.31 of the Subdivision Map Act.
(e) The development review committee may condition issuance of the
Certificate of Compliance in the manner provided by the Subdivision Map Act and
Town Zoning Ordinance. The development review committee may deny issuance
of a Certificate of Compliance only in those instances where it finds that compliance
by the landowner with the conditions permitted under Government Code Section
66451.30 and 66499.35 is impossible.
(f) Certificates of Compliance are prepared and filed by the Town
Attorney and are signed by the Town Engineer and Planning Director.
(g) The filing fees for applications for Certificates of Compliance
determined by the advisory agency are set by Town Council Resolution.
(h) Neither proceedings under this section, nor issuance of a Certificate
of Compliance, bars any civil remedy, including the remedies mentioned in
Government Code Section 66499.33 nor any criminal prosecution.
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.
PLNORD- RES \Ords \A -90-4B 3
This ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on March 5, 1990, and adopted by the following vote as an Ordinance
of the Town of Los Gatos at a regular meeting for the Town Council on March 19, 1990.
AYES: Joanne Benjamin, Eric D. Carlson, Robert L. Hamilton, Brent N. Ventura
and Mayor Thomas J. Ferrito.
NOES: None
US-4 "1 1 1"WIMM
ABSENT: None
SIGNED:
MAYOR OF TH OWN OF LOS GATOS
ATTEST:
CLERK OF THE TOWN O OS GATOS
PLNORD- RES \Ords \A -90 -4B 4