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Ord 1953 - Amending Zoning Map from No 140 From RC to HR-1:PD for the Properyt located at 16221 Kennedy RoadORDINANCE 1953 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING MAP NO. 140 FROM RC TO HR -1:PD FOR THE PROPERTY LOCATED AT 16221 KENNEDY ROAD THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I The Zoning Ordinance of the Town of Los Gatos is hereby amended to change the zoning on property addressed as 16221 Kennedy Road shown on the map which is attached hereto marked Exhibit A and is part of this Ordinance, from RC (Resource Conservation) to HR -1:PD (Hillside Residential, 1 to 5 acres per dwelling unit - Planned Development). SECTION II The PD (Planned Development Overlay) zone established by this Ordinance authorizes the following construction and use of improvements: 1. Demolition of an existing single - family residence and barn; 2. Construction of 15 detached single- family dwelling units; 3. Landscaping, trails and other improvements shown and required on the Official Development Plan; 4. Uses permitted are those specified in the HR (Hillside Residential) zone by Sections 29.40.235 (Permitted Uses) and 29.20.185 (Conditional Uses) of the Zoning Ordinance, as those sections exist at the time of the adoption of this Ordinance, or as they may be amended in the future. However, no use listed C33 \0RDS \WEIR 1 in Section 29.20.185 is allowed unless specifically authorized by this Ordinance, or by Conditional Use Permit. SECTION III COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS All provisions of the Town Code apply, except when the Official Development Plan specifically shows otherwise. SECTION IV Architecture and Site Approval is required before the construction work of the dwelling units is performed, whether or not a permit is required for the work and before any permit for construction is issued. Construction permits shall only be in a manner complying with Section 29.80.130 of the Zoning Ordinance. SECTION V In addition to Exhibit A (Zone Change Vicinity Map), the attached Exhibit B (Tentative Map and Development Plans, four sheets), are part of the Official Development Plan. The following must be complied with before issuance of any grading, demolition or construction permits: C33 \0RDS \WEIR 2 TO THE SATISFACTION OF THE PLANNING DIRECTOR: (Planning Section) 1. Should evidence of prehistoric cultural resources be uncovered during project construction, work must be halted within a 50 -foot radius of the find and a qualified archaeologist must be contacted to determine its significance. 2. A Tree Removal Permit shall be obtained prior to the issuance of a Building and /or Grading Permit. 3. All construction vehicles and equipment shall be properly muffled. 4. All wood, metal, glass, and aluminum materials generated from the demolished structure shall be deposited to a company which will recycle the materials. Receipts from the company(s) accepting these materials, noting type and weight of material, shall be submitted to the Town prior to the Town's demolition inspection. 5. Thirty days prior to demolition of the residence, an advertisement shall be put in a newspaper of large circulation stating that the residence is for sale at a nominal price to be moved off the property. A copy of this ad with publication date shall be submitted to the Town prior to the issuance of the demolition permit. 6. During the Architecture and Site application process all new residences, to the extent feasible, shall be designed to take full advantage of passive solar opportunities. 7. An in -lieu fee of building a Below Market Price unit shall be paid. The fee shall be equal to six percent of the Building Permit valuation of each house which shall be determined by the Director of Building and Engineering Services. Fees shall be paid prior to occupancy of each unit. C33 \ORDS \WEIR 3 8. Open, see - through style fences shall be provided where the parcels border an open space area and where the parcel borders Robert Wenzel's property, APN 532 -18 -006. 9. The building sites for Parcels 1, 2, 3 and 4 shall be outside the environmental sensitive area. 10. The rear setback for Parcels 1, 2, 3, and 4 shall be dimensioned on the final plan and a minimum rear setback of 25 feet shall be provided. (Engineering Section) 11. Traffic Impact Mitigation Fees for each new single - family dwelling shall be paid prior to the issuance of a Certificate of Occupancy. 12. Documents shall be. recorded for each individual lot referencing that an in -lieu fee of building a Below Market Price unit and a traffic impact mitigation fee are required prior to final occupancy. These documents shall be recorded simultaneously with the final map. 13. A five -year tree maintenance agreement shall be entered into. 14. Any trenching within the dripline of existing trees shall be hand dug. 15. The project applicant shall provide the Town and the SCVWD with calculations showing that storm drainage facilities proposed under Forrester Road would be able to adequately accommodate 100 -year storm flow, or shall redesign facilities to accommodate such flow. 16. The project applicant shall coordinate with the SCVWD regarding project design and permit requirements and shall adhere to all SCVWD requirements including obtaining a SCVWD construction permit for the proposed bridge across Ross Creek. C33 \0RDS \WEIR 4 17. The project applicant shall work with the Town and the SCVWD to mitigate the small increase in the flow of Ross Creek due to the increase in impervious surfaces under project development. Required mitigation may include any one or combination of the following flood control measures: a. Filling of the overbank areas for flood protection; b. A channel diversion detention pond; C. Grading within the overbank area along the northerly boundary to provide better flood protection for the Ziegler property, and /or d. Construction of a detention pond /settling pond. 18. The project applicant shall coordinate with the U.S. Army Corps of Engineers (Corps) and the California Department of Fish and Game (CDFG) regarding any and all flood control measures required to mitigate increases in downstream flow rates due to project development. The project applicant shall provide the Town and SCVWD with all correspondence with the Corps and CDFG related to project flood control measures. The project applicant shall meet all the requirements of the Corps and CDFG for mitigation of potential impacts due to development of the project. No permits shall be issued until coordination with the Corps and CDFG is complete. 19. The project applicant shall enter into a Streambed Alteration Agreement with the California Department of Fish and Game for the proposed creek maintenance and for the proposed bridge construction associated with the recreational trail along Ross Creek prior to the issuance of any permits relating to this project. The project applicant shall meet all conditions in such agreement. C33 \ORDS \WEIR 5 20. The project applicant shall incorporate the conceptual mitigation plan for loss of riparian habitat proposed in the H.T. Harvey and Associates assessment into the project. The project applicant shall request review of the plan and written approval by the California Department of Fish and Game, the United States Fish and Wildlife Service, and the Regional Water Control Board prior to the issuance of any permits related to this project. 21. Final grading, street improvement, sanitary sewer, storm drainage, and erosion control plans shall be submitted to the Engineering Section separately. 22. Grading activities shall be limited to the period of least rainfall (April 15 to October 1). If grading is allowed to proceed during the rainy season, a maximum of two weeks shall be allowed between clearing of an area and stabilizing /building on this area. In addition, straw bales and plastic sheeting shall be stored on -site for emergency control, if needed. To protect downstream water quality during winter months, filter berms, check dams, retention basins, silt fences, and straw bale dikes shall be installed as needed on the project site. 23. A soils and geologic report shall be prepared which provides specific criteria and standards governing site grading, drainage, pavement design, retaining wall design, and erosion control. A registered civil engineer, specializing in soil mechanics, should be included in the group that prepares this report. 24. A well information questionnaire (available through the Counter Technician) shall be completed. 25. A final map shall be filed. C33 \0RDS \WEIR 6 26. The following shall be dedicated: a. Kennedy Road. A minimum 30 -foot half- street right -of -way with the chord of a 20 -foot radius return at the intersections. Additional right -of -way dedication will be required for the widening of Kennedy Road at S. Kennedy Road. b. Forrester Road. A 29 -foot half- street right -of -way with the chord of a 20- foot radius return at the intersections. C. Access Roads "A" & "B ". A 42 -foot right -of -way with a standard 42 -foot radius cul -de -sac. d. Ingress- egress, storm drainage, sanitary sewer and public service easements, as required. e. Open Space Land. Fee title to Parcel "N', as shown on the tentative map. 27. The following improvements shall be guaranteed by contract, Faithful Performance Security, Labor and Materials Security, prior to the recordation of the Final Map and completed prior to the occupancy of any new building: a. Kennedy Road. Curb and gutter, trail, street lights, street widening, tie -in paving, signing, striping, storm and sanitary sewers, as required. b. Forrester Road. Curb and gutter, trail, street lights, street widening, tie -in paving, signing, striping, storm and sanitary sewers, as required. C. Access Road "A ". Curb, gutter and sidewalk, street, street lights, signing, striping, maintenance access, storm and sanitary sewers, as required. C33 \ORDS \WEIR 7 d. Access Road "B ". Curb and gutter, trail, street, street lights, signing, striping, storm and sanitary sewers, as required. e. Open Space Area. Trails, bridges, signing, and landscaping (including irrigation) as required, which shall be completed no later than the completion of items (c) and (d) above. 28. Insurance holding the Town harmless shall be provided prior to recordation of the Final Map. 29. Roof rainwater leaders shall be discharged onto energy dissipators which shall be designed to spread out the rainwater so that it enters the landscaped areas as sheet flow. Runoff from the new lots should not be collected into a pipe system, concentrated, and discharged downslope. No improvements shall obstruct or divert runoff to the detriment of an adjacent or down stream property. 30. All documents, contracts, securities, insurance, and fees, as applicable, shall be provided prior to the recordation of the map. 31. A Lighting and Landscaping or Open Space Maintenance District shall be formed to provide for the maintenance of Parcel "A ". The Town Council shall determine which maintenance district will be approved for this project. 32. The existing cross - culvert at the intersection of Kennedy Road and Forrester Road shall be extended to accommodate the widening of Forrester Road. 33. The applicant shall be required to widen the easterly side of Kennedy Road in the vicinity of the South Kennedy Road intersection. C33 \ORDS \WEIR 8 34. Town standard storm drainage inlets shall be provided at appropriate intervals along Kennedy Road. 35. The trail going north on Kennedy Road shall be extended to the end of the Weir property at the street rather than dead ending the trail at the Ziegler property. 36. The proposed new trail along Kennedy Road across from Teresita Way shall extend into the Kennedy Road right -of -way in front of the Wenzel property. 37. In compliance with the terms of the General Permit to discharge storm water associated with construction activity, the applicant must file a Notice of Intent (NOI) with the State Water Resources Control Board. The NOI must be filed prior to recording the Final Map. 38. The applicant must develop and implement a Storm Water Pollution Prevention Plan ( SWPPP) concurrently with commencement of construction activities. The SWPPP shall be certified by the State Water Resources Control Board. 39. The SWPPP shall be kept on site during construction activity and made available upon request of a representative of the Regional Water Board and /or Town. TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY & MAINTENANCE SERVICES: 40. All tree care activities shall be accomplished by a licensed, competent tree care firm as approved by and under the supervision of the Director of Parks, Forestry & Maintenance Services. 41. Prior to any construction or Building Permits being issued, the applicant shall meet with the Director of Parks, Forestry and Maintenance Services concerning the need C33 \0RDS \WEIR 9 for protective fencing around the existing trees. Such fencing is to be installed prior to, and be maintained during, construction. 42. Newly planted trees shall be double- staked, using rubber tree ties and shall be planted prior to acceptance of the subdivision. 43. No irrigation or planting shall be permitted under the dripline of existing native trees. 44. Any building constructed under the dripline of existing trees shall have a pier and grade beam foundation and shall be a minimum of 12 feet from the trunk of existing trees. 45. Any impervious area (excluding roadways) encroaching under the dripline of existing trees shall be interlocking pavers or have aeration tubes installed. 46. Paved access shall be provided to all sanitary sewer and storm drainage manholes. TO THE SATISFACTION OF THE CENTRAL FIRE PROTECTION DISTRICT: 47. The type and location of the required fire hydrants shall be approved by Central Fire. TO THE SATISFACTION OF THE DIRECTOR OF BUILDING AND ENGINEERING SERVICES: 48. Underground cable television service shall be provided to all new lots /home. 49. A 1603 Permit shall be obtained from the Department of Fish & Game for proposed improvements in or near riparian areas within their jurisdiction. 50. Any existing sanitary sewer lateral proposed for reuse shall be televised and approved by West Valley Sanitation District. C33 \0RDS \WEIR 10 51. A clean -out shall be installed at the property line for each sanitary sewer lateral. SECTION VI This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on July 19, 1993, and adopted by the following vote as an ordinance of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on August 2, 1993. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck NAYS: None ABSENT: Patrick O'Laughlin ABSTAIN: None SIGNED: IV OR OF TH TOWVOF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA C33 \0RDS \WEIR 11 Additional large attachments or exhibits have not been scanned. Please see original file for reference.