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Ord 1520-ZONING ORDINANCE AFFECTING ZONE CHANGE NO. 56 FROM R-1:20,000 TO R-1 20,000-PDORDINANCE NO. 1520 AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE AFFECTING ZONE CHANGE NO. 56 FROM R- 1:20,000 to R- 1:20,000 -PD THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS: SECTION I. The Zoning Ordinance of the Town of Los Gatos is hereby amended to change the zoning of the property shown on the map which is attached hereto marked Exhibit A and is a part of this ordinance, from R- 1:20,000 (Single Family Residential, 20,000 square foot minimum lot size) to R- 1:2b,000 -PD (Single Family Residential, 20,000 square foot minimum lot size - Planned Development), 8.77 net acres of property located near the southeast corner of Pollard Road and Quito Road. SECTION II. The PD (Planned Development Overlay) zone established by this ordinance authorizes the following construction and use of improvements: 1. Forty (40), two -story dwelling units including four (4) Below Market Price Units, for eventual sale as planned development units (as defined in the Business and Professions Code Section 11003) and one existing dwelling unit. 2. Swimming pool with accessory structure as required to enclose pool equipment and maintenance equipment. Pool shall be for the use of residents and their guests only. 3. Landscaping, parking, and other improvements shown and required on the Official Development Plan. 4. Uses permitted are those specified in the R -1 (Single Family Residential) zone by Sections 4.26.020 (Permitted Uses) and 4.26.030 (Conditional Uses) of the Zoning Ordinance, as those sections exist at the time of the adoption of this ordinance, or as may be amended in the future. However, no use listed in Section 4.26.030 is allowed unless specifically authorized by this ordinance, or by conditional use permit. SECTION III. Compliance With Other Development Standards All general provisions in Article 3 of the Zoning Ordinance apply, and the provi- sions of Chapter 4.10 of the Zoning Ordinance apply except when the Official Development Plan specifically shows otherwise. SECTION IV. No construction permits shall issue in a manner not complying with the requirements of Section 4.82.120 of the Zoning Ordinance. SECTION V. Official Development Plan The Official Development Plan for this Planned Development Overlay Zone consists of this ordinance and Exhibit B through L which are a part of this ordinance. Building details as shown in Exhibits E, F, G and H are illustrative only. Elevations may be modified to meet performance standards contained in Section VI below or requirements at the time Architecture and Site Approvals are obtained. SECTION V. Official Development Plan The Official Development Plan for this Planned Development Overlay Zone consists of this ordinance and Exhibit B through L which are a part of this ordinance. Building details as shown in Exhibits E, F, G and H are illustrative only. Elevations may be modified to meet performance standards contained in Section VI below or requirements at the time Architecture and Site Approvals are obtained. SECTION VI. Performance Standards In addition to the foregoing exhibits, the following performance standards are part of the Official Development Plan and must be complied with before issuance of any grading or construction permits: Right -of -way shall be dedicated, to the satisfaction of the Town Engineer to provide: a. A 30 -foot to 50 -foot half- street along the Pollard Road frontage. b. Right -of -way for San Tomas Aquino Creek, as recommended by the Santa Clara Valley Water District. c. Slope and utility easements. 2. Guarantee, by contract and bond, the following improvements to the satisfaction of the Town Engineer: a. Pollard Road frontage, including curb, gutter, sidewalk, pavement, street lighting, storm drain and sanitary sewer facilities, masonry retaining walls, plus a narrow raised divider across the intersection of the secondary access road and including other channelization and striping improvements to provide for left -turn and acceleration lanes. b. Interior street system (minimum 24 foot width) including concrete curb, gutter, sidewalk, pavement, street lighting, storm and sanitary sewers and masonry retaining walls. c. Erosion control landscape restoration and other improvements for the San Tomas Aquino Creek Channel. 3. The applicant shall pay an in -lieu fee for the future installation of half the landscaped median along the Pollard Road frontage (east of the main access road), to the satisfaction of the Town Engineer. 4. Provide grading, drainage, traffic circulation, masonry retaining wall, street lighting, erosion control plans, to the satisfaction of the Town Engineer. 5. The developer shall install two (2) hydrants that meet Central Fire Pro- tection District's specifications. Hydrants shall be installed and accep- ted prior to construction of any building(s). Submit two (2) sets of plans - 2 - for hydrant locations. The development is within the service area of San Jose Water Works; coordinate hydrant installation with that water company. The developer is responsible for all hydrant and main instal- lation costs. 6. As the hydrants will be on -site, the Central Fire Protection District recommends that an easement be granted to make these public hydrants. 7. Property lines or walls adjoining units must be of a one (1) hour construction, each side, with five foot (5') returns (roof) or provide an automatic fire sprinkler system. 8. The required width of access roadways shall not be obstructed in any manner, including gates or parking of vehicles. "No Parking" signs and /or other appropriate notice prohibiting obstructions are required and shall be maintained. 9. The BMP units shall be constructed as part of the first phase of the develop- ment. 10. The swimming pool shall be equipped with active solar heating. 11. Reasonable minor modifications to the Official Development Plan to improve passive solar heating and cooling are permitted without modification to the Planned Development Ordinance. Units without solar access due to ex- isting trees and hillside are exempt from this section. 12. The landscape plan shall incorporate features to preserve solar access. 13. The details of the solar aspects of the plan shall be included in the plans submitted for architecture and site approval, Variations from the Official Development Plan proposed by the applicant for the siting of the units solely for the purpose of improving solar access may be allowed during the architecture and site approval process. 14. The CC & Rs shall include provisions guaranteeing solar access that presently exists. 15. The developer shall enter into a recorded agreement with the Santa Clara Valley Water District and shall include in the CC & Rs satisfactory pro- visions for perpetual maintenance of San Tomas Aquino Creek. 16. Except for those units that do not have adequate solar access, all units shall contain an active solar heating system. 17. The applicant shall provide for a maintenance road on the bank opposite the one being developed, to the satisfaction of the Santa Clara Water District. 18. The 25 feet from top of the east bank should be dedicated in easement form. Any improvements in this area would be subject to Santa Clara Valley Water District review and issuance of a permit. The creek from the top of the east bank to the westerly edge of the proposed District access road should be dedicated in fee title. 19. The applicant shall convey to the Town of Los Gatos development rights to that portion of the property under the same ownership and located west of the creek and in the City of Saratoga. These development rights shall be in perpetuity and shall convey the fee interest in the property to - 3 - 1 the Arroyo Rinconada Homeowners Association. 20. The developer shall insure that all the permanent open space indicated in #19 above is maintained by the homeowners association in a natural state with provision for garbage removal on same basis and measures to reduce fire hazard as may be required by the appropriate fire service. 21. All documents and legal instruments relating to the completion of these performance standards shall be submitted to the satisfaction of the Town Attorney. 22. The plans submitted for Architecture and Site Approval shall include provision for protective fencing to be placed along the creek and maintained during the period of construction. SECTION VII. 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. The foregoing ordinance was duly and regularly introduced at a regular meeting of the Town Council of the Town of Los Gatos held on the 5th day of October , 1981. PASSED AND ADOPTED as an ordinance of the Town of Los Gatos, California, at a regular meeting of the Town Council held on the 26th day of October 1981, by the following vote: AYES: COUNCIL MEMBERS Ruth Cannon, Marlyn J. Rasmussen, Brent N. Ventura and Peter W. Siemens NOES: COUNCIL MEMBERS Thomas J. Ferrito ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMB SIGNED: ATTEST: CLERK OF THE TOWN OF L?S GATOS -4- 15ARkTOCA LIMITS wmlrz� F W Z Q POLLA[zD ti S.GJ. W.O -o m r N S� � J -1: �Zo, coo -Pn a �n c I N �Q Q N IV V P f IM n fib. fie, X74'0' ro Q p� ,n 0 J T0W� OF L0�j GAT0E2 Application No. - - 3A Change of zoning map Amending Town Zoning Ordinance Fv1 Zone Change from -i. �,o� to ❑ Prezoning to Approved by Planning Commission date Approved by Town Conn it date Oct. 26 198 - O d. 1520 Town Clerk Mayor '