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Home My WebLink About221V r ORDINANCE NO. 221 AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING CHAPTER 4 ENTITLED "SUBDIVISIONS" OF TITLE 9 ENTITLED "PLANNING AND ZONING" The City Council of the Town of Los Altos Hills DOES ORDAIN as follows: SECTION 1. AMENDMENT OF CODE. Section 9-4.209 is hereby amended to read as follows: Section 9-4.209. SUBDIVISION. "Subdivision" means the division of any improved or unimproved land, shown on the latest equalized county assess- ment roll as a unit or as contiguous units, for the purposes 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, as defined in Section 11004 of the Business and Pro- fessions 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 2. AMENDMENT OF CODE. Section 9-4.211 of Chapter 4 is amended to read as follows: Section 9-4.211. SUBDIVISION MAP ACT DEFINITIONS. All references to the Subdivision Map Act referred to W J shall be deemed to mean the Subdivision Map Act of the State of California as contained in Division 2 entitled "Subdivisions" of the Government Code (com- mencing with Section 66410), or as hereafter amended. Whenever any words or phrases as used in this Chapter are not defined herein but are defined in the Subdivision Map Act as last amended, such definitions are incorporated herein and shall be deemed to apply as though set forth in this Chapter. SECTION 3. AMENDMENT OF CODE. Section 9-4.213 is hereby added to Chapter 4 to read as follows: Section 9-4.213. ADVISORY AGENCY. The Planning Commission shall constitute the "Advisory Agency" for tentative maps, parcels maps and for minor subdivision maps. SECTION 4. AMENDMENT OF CODE. Section 9-4.403 of Chapter 4 and Subsection (b) thereof, respectively, hereby are amended in the following particulars. The following language is hereby added to the first sentence of Section 9-4.403, to wit: ...and said map shall meet all the require- ments of the Subdivision Map Act and this Chapter and shall show all dedications or offers of dedications thereon." The words "posting of a bond or a deposit of cash" appearing in Subsection (b) of Section 9-4.403 hereby are amended to read as follows: CWM V ...posting security as that term is defined in the Subdivision Map Act." SECTION 5. AMENDMENT OF CODE. Subsection (e) of Section 9-4.410 hereby is amended by deleting therefrom the words "...of Section 11528..." SECTION 6. AMENDMENT OF CODE. Section 9-4.413 of Chapter 4 hereby is amended by changing the words "within eighteen (18) months" to read "Within twelve (12) months..." SECTION 7. AMENDMENT OF CODE. Section 9-4.414 of Chapter 4 hereby is amended to read as follows: Section 9-4.414. FINAL MAPS AND PARCEL MAPS; FILING; EXTENSIONS OF TIME. The Council may grant an extension of time not exceeding eighteen (18) months beyond the twelve (12) months allowed for the recording of parcel map or final map. Any applications of a subdivider for such an extension of time shall be made in writing to the Council not less than thirty (30) days prior to the ex- piration of the twelve (12) months allowed. 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. SECTION 8. AMENDMENT OF CODE. Section 9-4.501 of Chapter 4 is hereby amended in the following respects: In Subsection (b) of Section 9-4.501 the words "supported by a bond or cash or both"are hereby -3- %1r 4 changed to read "supported by security as that term is defined in the Subdivision Map Act." Subsection (1) of Section (d) of Section 9-4.501 hereby is amended by deleting therefrom the following language: ...except where the land in the subdivision is registered under the Land Registration Act, in which case a certified copy of the certifi- cate of title shall be furnished." In Subsection (3) of Subsection (d) of Section 9-4.501, the word "bond" is changed to read "security". SECTION 9. AMENDMENT OF CODE. Subsection (a) of Section 9-4.502 of Chapter 4 hereby is amended by deleting therefrom the following language: ...of Chapter 2 of Article 5". SECTION 10. AMENDMENT OF CODE. Section 9-4.504 of Chapter 4 is hereby amended in the following particulars: The second sentence of Subsection (a) of Section 9-4.504 hereby is amended to read as follows: "If the final map is found to be technically correct and in conformance,the City Engineer shall certify the final map and return it to the City Clerk to be filed and processed in accordance with the provisions of the Sub- division Map Act. -4- i✓ J Subsection (e) of Section 9-4.504 hereby is amended by changing the word "bond" and "bonds" to read "security". SECTION 11. AMENDMENT OF CODE. Subsection (3) of section (a) of Section 9-4.511 of Chapter 4 is hereby amended by deleting therefrom the words "of Section 11575". SECTION 12. AMENDMENT OF CODE. Section 9-4.512 of Chapter 4 is hereby amended to read as follows: Section 9-4.512. PARCEL MAPS; RECORDATION. When a parcel map has been approved as complying with the provisions of the Sub- division Map Act and this Chapter and any required agreement and security have been filed with the City and approved by the City Attorney as to form and by the City Engineer as to sufficiency, and the same has been approved by the City Council, the City Clerk shall transmit the parcel map to the clerk of the Board of Supervisors for ultimate transmittal to the County Recorder. SECTION 13. AMENDMENT OF CODE. Section 9-4.701 of Chapter 4 hereby is amended in the following particulars. Subsection (a) of Section 9-4.701 hereby is amended to read as follows: (a) The Council hereby declares that the provisions of this Section are enacted pursuant to the requirements of the Sub- division Map Act. -5- Subsection (b) of Section 9-4.701 hereby is amended by changing the language "as defined in Sections 11535 and 11535.1 of the Business and Professions Code of the State" to read: ...as defined in the Subdivision Map Act." The first sentence of Subsection (d) of Section 9-4.701 is amended to read as follows: (d) SOIL INVESTIGATIONS; APPROVAL. The City may approve the subdivision if it is determined and if the City Engineer also determines, that the recommended corrective action is likely to prevent structural damage to each dwelling to be constructed on each lot in the subdivision." SECTION 14. AMENDMENT OF CODE. Section 9-4.802 of Chapter 4 is hereby amended by changing the language "Sections 11500, et seq of the Business and Professions Code" to read "...the Subdivision Map Act..." SECTION 15. URGENCY MEASURE. The immediate preservation of the public safety, 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 improvements of subdivisions throught the State of California. Development in California is an ever contin- W 4 uing process and it is necessary for the cities to keep current and implement necessary provisions of the state law. In order that the city'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." This ordinance shall be posted within the Town of Los Altos Hills in three (3) public places. I HEREBY CERTIFY that the foregoing ordinance was introduced, passed and adopted at a regular meeting of the City Council of the Town of Los Altos Hills held on the 19th day of February, 1975. City Clerk y'rti -7- 1,