Ord 1665 - AMENDING THE TOWN SUBDIVISION ORDINANCE TO PROVIDE FOR A NEW FORM OF TENTATIVE MAP CALLED A "VESTING TENTATIVE MAP"ORDINANCE NO. 1665
AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING
THE TOWN SUBDIVISION ORDINANCE TO PROVIDE FOR A
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 P1anninq 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.
SFr.TT nN TT
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.
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 (cont.)
(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 Charter for the expiration of the approval or conditional
approval of a tentative map.
_3e
Section 27.08.080: Vestinq on Approval of Vestinq Tentative Ma
(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.
_40
Section 27.08.080: Vesting on Approval of Vesting Tentative Map (cont.)
(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.
CPrTT nK1 T T T
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.
- 5 -
This ordinance was introduced at a regular meeting of the Town Council of
the Town of Los Gatos on November 18 , 1985 and adopted by the following vote as
an ordinance of the Town of Los Gatos at a regular meeting of the Town Council
on December 2 , 1985.
AYES: COUNCIL MEMBERS Joanne Benjamin, Eric D. Carlson, Brent N.
Ventura, and Mayor Terrence J. Daily
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS Thomas J, Ferrito
ABSENT: COUNCIL MEMBERS None
SIG NED :
MAYOR OF THE WN OF LOSIGATOS
ATTEST:
CLERK OF THE TOWN OF OS GAT
PLNOI;VEST ORD
ORDINANCE NO. 1665
-• .- .A !' �fr e ar •.. �:, ,.,_.,, - r..- .a;t._ �"!"
AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING
THE TOWN SUBDIVISION ORDINANCE TO PROVIDE FOR A
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.
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
map for any purpose which is inconsistent
applicable specific plan or not permitted by
applicable provisions of the Town Code:
Section 27.08.040: Definitions
pursuant to a vesting tentative
with the General Plan and any
the Zoning Ordinance or other
(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 27008:050: Application (cont.)
(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.
- 3 -
i
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 (cont.)
(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 P
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.
SECTION III
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.
- 5 -
_ThAs,, orOnance, was, introduced at a regular mee.tl.ng of th.e Town Council of
the Town of Los. Gatos on November 18, 1985 and adopted by th.e following vote
as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council
on December 2, 1985.
AYES: COUNCIL MEMBERS Joanne Benjamin, Eric D. Carlson, Brent N.
Ventura, and Mayor Terrence J, Dail
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS Thomas J. Ferrito
ABSENT: COUNCIL MEMBERS , None
SIGNED: /s/ Terrence J. Daily
MAYOR OF THE TOWN OF LOS GATOS
ATTEST:
/s/ Rose E. Aldag (seal)
CLERK OF THE TOWN OF LOS GATOS
Due to lack of publication in a.timely manner this Ordinance was readopted
on January 6, 1986.
AYES: COUNCIL MEMBERS Joanne Benjamin, Brent N. Ventura, and
Mayor Terrence J. Daily �__� 4 ___ Y _,
NOES: COUNCIL MEMBERS N one
ABSTAIN: COUNCIL MEMBERS Thomas J. Ferrito
ABSENT: COUNCIL MEMBERS Eric D. Carlson
SIGNED:
AYOR OF THE TO. N OF LOS GAT PS
ATTEST:
�.._�.
CLERK F THE OWN OF LOS ' T S
6