Ord 1838 - Amending the Zoning Ordinance Concerning Planned Developments in the HillsideORDINANCE 1838
AN ORDINANCE AMENDMENT OF THE TOWN OF LOS GATOS
AMENDING THE ZONING ORDINANCE CONCERNING
PLANNED DEVELOPMENTS IN THE HILLSIDE
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS HEREBY ORDAINS:
SECTION I
Section 3.90.120 of the Zoning Ordinance is amended to read:
Section 3.90.120 Scope
Every multi - family rental dwelling project at the time of building permit, every
residential condominium or planned development residential subdivision at the time of
subdivision, and every community apartment project and every residential stock cooperative
apartment or unit project at the time of subdivision if the transaction involves subdivision,
or at the time of sale, if it does not, shall contain one or more BMP dwellings according
to the rules listed below with the following exception: Any planned development with an
underlying zone of HR shall only be required to pay an in -lieu fee as established by a
separate resolution.
(1) Projects containing five or more but less than 20 units must provide a number of
BMP units equal to ten percent of the number of market rate units.
(2) Projects with five or more but less than ten units may pay a fee in -lieu of building
a BMP unit in order to comply with this requirement.
(3) Projects with from 20 to 100 units must provide BMP units as determined by the
following formula:
Number of BMP units = .225 (total # of units) -2.5
(4) All projects in excess of 100 units must provide a number of BMP units equal to
20 percent of the market rate units.
(5) Whenever the calculations of BMP units result in a fraction of one -half or more
the number of units to be reserved is increased to the next whole number.
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SECTION II
Section 4.24.047 of the Zoning Ordinance is added to read:
Section 4.24.047 Subdivision Requirements
Any subdivision into five or more residential building sites shall require the approval
of a Planned Development under the rules of Chapter 4.82.
SECTION III
Section 4.82.010 of the Zoning Ordinance is amended to read:
Section 4.82.010 Application
The following ordinances that concern designation of land PD or RPD have at various
times been adopted by the Town: 847, 855, 938, 967, 977, 992, 1053, 1061, 1067, 1077, 1109,
1110, 1121, 1123, 1129, 1172, 1216, 1247, 1275, 1279, 1281, and 1302. Of the foregoing
ordinances, the following:
(1) Have heretofore been repealed - 847, 967, 977 and 1123.
(2) Were repealed by Ordinance No. 1328 - 855 and 992.
(3) Remain in effect, subject to the further provisions of this Section 4.82.010 - 938,
1053, 1061, 1067, 1077, 1109, 1110, 1121, 1129, 1172, 1216, 1247, 1275, 1279, 1281
and 1302.
If a PD or RPD ordinance was in effect before the effective date of Ordinance No.
1328 and is not repealed by the provisions of this Section 4.82.010, the regulations of such
ordinance (including regulations that may have been incorporated by reference to the
general provisions of a Zoning Ordinance then in effect) continue to apply to the land
designated therein. However, any change in activities conducted on, or any new
construction on land in such PD or RPD zone is subject to the regulations of this Chapter
4.82.
SECTION IV
Section 4.82.120 of the Zoning Ordinance is amended to read:
Section 4.82.120 Architecture and Site Approval
In a PD zone Architecture and Site approval is required before any construction work
is performed, whether or not a permit is required for the work, and before any permit for
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construction is issued. However, if the construction is to be done under the regulations of
the underlying zone, the regulations of that zone, including regulations pertaining to
approvals and permits, apply.
SECTION V
This ordinance takes effect 30 days after 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 15, 1990 and adopted by the following vote as an ordinance of
the Town of Los Gatos at a meeting of Town Council of the Town of Los Gatos on
November 5, 1990.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Robert L. Hamilton, Brent N. Ventura and
Mayor Thomas J. Ferrito
NAYS: Eric D. Carlson
ABSENT: None.
ABSTAIN: None.
SIGNED:
MAYOR OF T TOWN OF LOS GATOS
LOS GATOS, IFORNIA
ATTEST:
CLERK OF THE TGW F LOS GATOS
LOS GATOS, CALIFORNIA
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