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Ord 1371 - AMENDING THE SUBDIVISION ORDINANCE OF THE TOWN OF LOS GATOSORDINANCE NO. 1 371 ORDINANCE AMENDING THE SUBDIVISION ORDINANCE OF THE TOWN OF LOS GATOS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN: SECTION 1. Section 27 -1 of the Town Code of the Town of Los Gatos is amended to read: SEC. 27 -1 DEFINITIONS For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Design Street alignment, grades and widths; alignment and widths of easements and rights of way for drainage and sanitary sewers; and lot areas, dimensions, shape and usability. Final map A map prepared in accordance with the provisions of this chapter and the Subdivision Map Act, which map is designed to be placed on record in the office of the county recorder. Hillside subdivision The subdivision of any land lying within areas defined upon a map of the town prepared as a part of the subdivision standards of the town as provided in this chapter. Improvement Such street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways and easements as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof. Owner The person having sufficient property interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same. SECTION 2. Section 27 -3 of the Town Code of the Town of Los Gatos is amended to read: SEC. 27 -3. ADVISORY AGENCY, POWERS The planning commission is the advisory agency for the town authorized to approve, conditionally approve or disapprove maps. SECTION 3. Section 27 -3.5 is added to the Town Code of the Town of Los Gatos to read: SEC. 27 -3.5 DEVELOPMENT REVIEW COMMITTEE The development review committee makes investigations, reports and recommendations for the planning commission's use in determining subdivision applications. SECTION 4. Section 27 -4 of the Town Code of the Town of Los Gatos is repealed. SECTION 5. Section 27 -4 is added to the Town Code of the Town of Los Gatos to read: SEC. 27 -4. BOUNDARY CHANGES The town engineer has authority to approve boundary -2- changes when: (1) Only two parcels of land (not counting portions of streets) are involved, (2) The addition to or deletion from each parcel involves a net change of five per cent or less in the total area of each parcel, (3) The boundary line is moved ten feet or less at any point, (4) The boundary change will not create any new lack of conformity, or any increase in the degree of non- conformity, with ordinance or statute, (5) All owners of record title interest consent by means of acknowledged instruments in a form satisfactory to the town engineer, and (6) The town engineer 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 both parcels in the after condition, as required by the town engineer, shall be recorded. SECTION 6. Section 27 -5 of the Town Code of the Town of Los Gatos is amended to read: SEC. 27 -5 MODIFICATIONS Whenever the development review committee finds the land included in a subdivision is: -3- (1) Of such size or shape, (2) Is subject to such title limitations of record, (3) Is affected by such topographical location or conditions, or (4) Is to be devoted to such use that it is impossible or impractical in the particular case for the subdivider to conform fully to a regulation contained in this chapter, the development review committee may recommend such relief from the regulations as it determines is necessary. To support each recommendation for relief the development review committee must find that a special, individual reason makes the strict letter of the regulation impossible or impractical to observe and that the modification conforms with the spirit and purpose of the Subdivision Map Act, the general plan, and this chapter. The development review committee transmits a written report to the planning commission, setting forth each modification recommended and the facts relied on to support the recommendation. The planning commission may approve or deny each such relief. SECTION 7. Section 27 -6.5 of the Town Code of the Town of Los Gatos is amended to read: SEC. 27 -6.5 VIOLATIONS AND COMPLIANCE a. The question of whether real property has been divided in violation of the provisions of the Subdivision Map Act or of the ordinance shall be considered by the town attorney after consultation with the town engineer and planning director. 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. C. The advisory agency determines whether land fails to comply with the provisions of the Subdivision Map Act or ordinance, or has been illegally divided. (Government Code sections 66499.35, 66499.36) d. The advisory agency determines whether to issue certificates of compliance (Government Code section 66499.35) in instances where land has been divided in violation of the Subdivision Map Act or ordinance in the same way it determines applications for tentative map approval. The advisory agency may condition issuance of the certificate in the manner provided by the Subdivision Map Act. The advisory agency 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 66499.35 is impossible. e. Certificates of compliance are prepared and filed by the town attorney and are signed by the town engineer and planning director. f. The filing fees for applications for certificates of compliance are the same as those for tentative parcel maps. g. Neither proceedings under this section 27 -6.5 nor issuance of a certificate of compliance bars any civil remedy, -5- including the remedies mentioned in Government Code section 66499.33, nor any criminal prosecution. SECTION 8. Section 27a -3 of the Town Code of the Town of Los Gatos is amended to reads SEC. 27a - 3 . SUBDIVIDER Subdivider means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others, except that employees and consultants of such persons or entities, acting in such capacity, are not subdividers. SECTION 9. Section 27a -4 of the Town Code of the Town of Los Gatos is amended to reads SEC. 27a - 4 . SUBDIVISION Subdivision means the division, by any subdivider, of any unit or units of land, or any portion thereof, 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 except for leases of agricultural land for agricultural purposes. Property is composed of contiguous units even if it is separated by roads, streets, utility easements or railroad rights -of -way. Subdivision includes condominium projects as defined in section 1350 of the Civil Code and community apartment projects as defined in section 11004 of the Business and Professions Code. As used in this section, agricultural purposes means the cultivation of food or fiber or the grazing or pasturing of livestock. � oil SECTION 10. Section 27a -5 of the Town Code of the Town of Los Gatos is repealed. SECTION 11. Section 27 -7 of the Town Code of the Town of Los Gatos is repealed. SECTION 12. Section 27 -10 of the Town Code of the Town of Los Gatos is amended to read: SEC. 27 -10 TRANSMITTAL OF COPIES; REPORTS AND RECOMMENDATIONS OF OFFICIALS, UTILITY COMPANIES, ETC. When he receives a complete application for tentative map approval, including the required number of copies of maps and documents, the planning director shall transmit copies of the application to town officials, public utilities or other persons designated by resolution of the planning commission, with a request for a report and recommendation. SECTION 13. Section 27 -10.1 of the Town Code of the Town of Los Gatos is amended to read: SEC. 27 -10.1. COMPLIANCE WITH APPLICABLE ORDINANCES Applications for approval of tentative maps, including the maps themselves, shall not be accepted for filing or be deemed to have been filed unless such applications fully comply with the provisions of this chapter. If the design of a proposed subdivision or the intended use of the land included in a proposed subdivision does not -7- comply with all rules of the applicable zone, the tentative subdivision map shall not be accepted for filing or be deemed to have been filed unless the subdivider concurrently prosecutes proceedings under the zoning ordinance to change the zone or to obtain a variance from the provisions thereof, and the change or variance would, if granted, allow the subdivision or intended use. The time period during which action by the advisory agency upon a tentative map is required does not begin until the map can be and is accepted for filing pursuant to the provisions of this section. SECTION 14. Section 27 -11 of the Town Code of the Town of Los Gatos is repealed. SECTION 15. Section 27 -13.5 is added to the Town Code of the Town. of Los Gatos to read SEC. 27 -13.5 TWO MAPS OF THE SAME LAND When approving an application for a tentative map showing land which is also shown on a previously - approved, unexpired tentative map the advisory agency may as a condition of approval of the second tentative map annul the first approval. SECTION 16. Section 27 -16 of the Town Code of the Town of Los Gatos is amended to read IM:3r: SEC. 27 -16 CHA IN REQUIREMENTS PROHIBITED FOR ONE YEAR FOLLOWING APPROVAL During a one year period subsequent to the date of approval or conditional approval of any tentative map of a subdivision, or any approved extension of the one year period, neither the planning commission nor the town council shall make any changes in the various requirements pertaining to the tentative map that are more restrictive, or call for the dedication of additional areas or the installation of additional or more extensive improvements than were set forth at the date of final action on the tentative map. SECTION 17. Section 27 -17 of the Town Code of the Town of Los Gatos is repealed. SECTION 18. Section 27 -26 of the Town Code of the Town of Los Gatos is amended to read: SEC. 27 -26. SURVEYING, MONUMENTING AND COPIES OF FINAL MAP In transactions where a final map is required, at least one exterior boundary line of the subdivision must be adequately monumented or referenced before the map is recorded. In addition, all exterior and interior boundaries must be surveyed and monumented- within the time set by written agreement between the subdivider and the town or on the face of the map. The town engineer may require the subdivider to provide the number of copies of final maps he determines are needed Q% for performance of his duties. Maps, improvement drawings and all other rei be presented to the town engineer for weeks before the town council meeting sought, and as much longer in advance determines it reasonably necessary. SECTION 19. accompanying data, xuired documents shall checking at least two at which approval is as the town engineer Section 27 -67 of the Town Code of the Town of Los Gatos is amended to read: SEC. 27 -67 LOT STANDARDS -- DESIGN, AREA AND WIDTH All lots created pursuant to this chapter must conform to the rules of the zoning ordinance. When land in an office or commercial zone (as defined in the zoning ordinance) is sought to be subdivided, the following regulations apply. In determining whether the tentative map can be approved, the planning commission shall consider the design of the lots in relation to the uses authorized in the zone. It may deny the application if it finds that the design of the lots proposed coupled with the uses intended or which could be established thereon would result in the piecemeal or partial development of the entire property, and that such piecemeal or partial development would not be in the public interest because either: (1) such would have a detrimental effect upon the development potential or capability of the lot or lots remaining; or (2) any piecemeal or partial development less than an integrated development of the whole -10- property would be incompatible with the surrounding neighborhood. In approving applications for the subdivision or division of lands within said zone, the planning commission may attach such conditions as it deems necessary to insure that such detrimental partial or piecemeal.development will not occur. SECTION 20. Section 27 -77 of the Town Code of the Town of Los Gatos is repealed. SECTION 21. Section 27 -78 of the Town Code of the Town of Los Gatos is repealed. SECTION 22. Section 27 -79 of the Town Code of the Town of Los Gatos is amended to read SEC. 27 -79 REQUIREMENTS FOR MAP; FILING FEE; INVESTIGATION BY PLANNING COMMISSION Every map submitted for review under this article shall meet the requirements for the filing of tentative maps for subdivisions. The planning commission shall make or shall cause to be made such investigation of the facts bearing on the application as will serve to provide all information necessary to enable the planning commission to take such action on the application as will be consistent with the intent and purpose of the general plan and zoning ordinance. -11- SECTION 23. Section 27 -81 of the Town Code of the Town of Los Gatos is repealed. SECTION 24. 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. This ordinance was introduced at a. regular meeting of the Town Council of the Town of Los Gatos on October 17 , 1977, and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council on November 7 , 1977. AYES: COUNCIL MEMBERS Ruth Cannon, Mark B. DiDuca and Mardi Gualt ieri NOES: ABSTAIN: ABSENT: SIGNED: VICE- ATTEST: Q� Qk-9w'd.- CLERK OF E TOW OF LOS GATOS COUNCIL MEMBERS None COUNCIL MEMBERS None COUNCIL MEMBERS John B. Lochner and Albert B. Smi -12- THE TOWN OF LOS GATOS