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Ord 1692 - Amending the Zoning Ordinance effecting zone change No. 70 from RM:5 -20 to RM:5 -20 -PDORDINANCE NO. 1692 AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. 70 FROM RM:5 -20 TO RM:5 -20 -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 at the southwest corner of Blossom Hill Road and Cherry Blossom Lane shown on the map which is attached hereto, marked Exhibit A and is a part of this ordinance, from RM:5 -20 (Multiple Family Residential, 5 -20 dwelling units per net acre) to RM:5 -20 -PD (Multiple Family Residential, 5 -20 dwelling units per net acre, Planned Development). SECTION II. The PD (Planned Development Overlay) zone established by this ordinance authorizes the following construction and use of improvements: 1. Construction of a continuing care retirement community consisting of up to 175 Independent Living units, 43 Personal Care units, a 75 -bed Nursing Care facility, and a Commons section to house supporting uses. 2. Parking, landscaping and other improvements shown and required on the official Development Plan. 3. Uses permitted are those retail, service and office uses exclusively for residents and employees of the facility, and those specified in the RM:5 -20 (Multiple Family Residential, 5 -20 dwelling units per net acre) zone by Sections 4.32.020 (Permitted Uses) and 4.32.030 (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 in Section 4.32.020 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 provisions of Chapter 4.10 of the Zoning Ordinance apply except when the Official Development Plan specifically shows otherwise. SECTION IV Architecture and Site Approval is required before any grading or construction work is performed, whether or not a permit is required for the work, and before any permit for grading or construction is issued. Grading or construction permits shall only be used in a manner complying with Section 4.82.120 of the Zoning Ordinance. - 2 - SECTION V OFFICIAL DEVELOPMENT PLAN In addition to Exhibit A (Zone Change Vicinity Map), the attached Exhibit B (Site Plan showing Landscaping), and Exhibits C and D (Elevations) are part of the Official Development Plan. During the precise plan proceedings, the Planning Commission shall have discretion to modify various elements of the plan, including but not limited to building elevations, building location and heights of buildings, to ensure compatibility with the residential areas in proximity to the site. The following performance standards are part of the Official Development Plan and must be complied with before issuance of any grading or construction permits: 1) Residents in this project shall be restricted to persons who are sixty -two years of age or older or married couples living together when at least one spouse is sixty -two years and each other resident, except the spouse or cohabitant of the senior citizen, or a person who resides with and provides primary or physical or economic support to the senior citizen, shall be 45 years of age or older.. Higher minimum age limits established by private restrictions are not permissible. 2) Temporary residency by a person of less than 45 years of age shall be permitted for specified periods of not less than 60 days in any calendar year. 3) Upon death or dissolution of marriage, or upon hospitalization, or other prolonged absence of the senior citizen, any other person who was a qualified permanent resident pursuant to the provisions of this section shall be entitled to continue in residence. 4) Occupant age restrictions are subject to the following: The owners shall by separate, recorded instrument agree with the Town on their own behalf and in a manner binding their successors in interest that the land will be subject to an age restriction stating the limitation specified in this ordinance in language satisfactory to the Town Attorney, with a further provision that the age restrictions shall not be amended except by consent of the Town Council expressed in a written resolution, and that such restriction shall have priority over all liens and encumbrances on the property; and that in the event of litigation to enforce the restrictions they and their successors will pay the Town expenses and attorney's fees. 5) A deed restriction shall be recorded for the property prior to the issuance of any building or grading permit and shall include the following elements to the satisfaction of the Town Attorney: - 3 - a. The total number of cars allotted to residents of the independent living units shall not exceed 175. b. Working hours for a minimum of 75% of the day shift employees shall be set at 7:00 a.m. to 3:00 p.m. C. The main dinner meal shall be served between the hours of 4:45 p.m. and 7:00 p.m. d. Lunch shall be made available on -site for all day -shift employees. 6) Accessibility for the physically handicapped a. All independent living and personal care units shall meet the handicapped adaptability /accessibility requirements contained in the Title 24 applicable to apartments. b. At least five percent (5%) of independent units and ten percent (10 %) of personal care units each shall meet the full accessibility requirements contained in Title 24. C. All nursing care units shall have fully accessible bathrooms in accordance with Title 24 regulations. 7) All of the common areas and buildings shall be accessible to wheelchair users. 8) Any access points on Blossom Hill Road shall be restricted to right turns, both inbound and outbound, to the satisfaction of the Town Engineer. 9) Graded building sites should be inspected for expansive soils by a qualified soils or geological engineer and treated, where necessary, by over- excavation and backfilling, to the satisfaction of the Town Engineer. 10) An acoustical analysis shall be performed by a qualified acoustical engineer to identify the necessary noise insulation features and design elements to produce an acceptable interior noise environment for the project's buildings, to the satisfaction of the Building Official. 11) Construction activities shall be limited to between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. 12) All construction equipment shall be properly maintained and exhausts muffled. 13) Construction vehicles shall be routed only upon arterial streets when traveling to or from the construction site. Arterial streets are those so designated in the Town General Plan. 14) A strict erosion control plan shall be provided which shall include daily inspection of the site and prevention of mud or silt from flowing or being tracked off —site, to the satisfaction of the Town Engineer. - 4 - 15) The developer shall be required to participate in corridor improvements along the Los Gatos Boulevard and Blossom Hill [toad corridors in accordance with the Critical Intersection Impact Policy Statement adopted by the Town Council on May 5, 1986. These intersection include but are not limited to the following (the percent share of the costs for the improvements of "a ", "b ", and "c" will be determined by formula by the Town Engineer when the Architecture and Site application is processed): a. Intersection improvements at Blossom Hill Road and Los Gatos Boulevard, including traffic signal modifications, restriping and paving as required. b. Intersection improvements at Union Avenue and Blossom Hill Road, including traffic signal modifications, paving, curb and gutter relocation, and striping as required. C. Intersection improvements at Camellia Terrace and Blossom Hill Road, including traffic signal installation, paving, signing and striping as required. d. Intersection improvements at Cherry Blossom Lane and Blossom Hill Road, including traffic signal modifications, paving, signing and striping as required by modified Alternative #6 of the Intersection Alternatives Analysis. The developer shall be required to participate in the construction of the intersection improvements to a maximum of 50% of the cost. 16) The on -site connection between Kings Court Shopping Center and the project site shall be limited to a loading dock and shall not be used for resident vehicular access. 17) The following frontage improvements shall be guaranteed by contract and bond to the satisfaction of the Town Engineer: a. Blossom Hill Road Raised landscaped median, Portland Cement concrete curb, gutter and sidewalk, asphaltic concrete paving, street lights, drainage and sanitary sewer improvements, signing and striping. b. Cherry Blossom Lane. Repair of any defective existing improvements. 18) Grading, drainage, erosion control, on -site lighting featuring 70 watt high pressure sodium cut -off fixtures, on -site circulation, utility, sanitary sewer, parking, and parking lot striping plans, shall be provided to the satisfaction of the Town Engineer. 19) At least thirty -five (35) of the independent living units (20 %) shall be Below - Market Price units as defined by the Town Zoning Ordinance and General Plan. 20) To reduce dust contracts shall of the day, to emissions related require watering the satisfaction to construction, all construction in the late morning and at the end of the Town Engineer. - 5 - 21) All required fire hydrants shall be installed and tested prior to the issuance of a building permit, to the satisfaction of the Central Fire Protection District. 22) Fifteen feet of vertical clearance shall be provided over all portions of the driveways to the satisfaction of the Central Fire Protection District. 23) Fire truck access ways shall be eighteen feet wide and capable of supporting 75,000 pound loading with 42 ft. inside turn radius, to the satisfaction of the Central Fire Protection District. 24) Should evidence of historical or archaeological artifacts of significance be found during project construction activity, the Town of Los Gatos and the California Archaeological Inventory shall be notified. The project sponsor in this case must retain an archaeologist to determine the significance of the find and whether feasible measures could be implemented to preserve or recover such artifacts. Excavation or construction which might damage the find shall be suspended for a maximum of four weeks to permit inspection, recommendation and retrieval, if appropriate. 25) The Town will undertake a study paid at Town expense to determine the impact of the reconfiguration of the Blossom Hill Road /Cherry Blossom Lane intersection on the north leg of Cherry Blossom Lane. The study will: a. include the possibility of a cul -de -sac on Cherry Blossom Lane and other means of diverting through traffic from the neighborhood, b. examine the impact that the proposed solution on Cherry Blossom Lane would have on other streets in the neighborhood, C. determine the amount of through traffic contributed by the Terraces project. The Terraces will pay a proportionate share of the cost of the recommended improvements based on their share of the through traffic. 26) The Town will recommend to the applicant changes in internal flow of traffic as it relates to entrances and exits. SECTION VI 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 6th 1986 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 3rd , 1986. AYES: COUNCIL MEMBERS Joanne Benjamin, Thomas J. Ferrito, and Brent N. Ventura NOES: COUNCIL MEMBERS Mayor Terrence J. Daily ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS Eric D. Carlson SIGNED: /r� a rn -�,�, J MAYOR OF THE TOWN OF LOS GATOS ATTEST: CLERK OF THE TOWN OF LOS G ®`S PLNO'I:EIR -85 -2* - 7 - 13 LCX�Gr�, _ . �aAr� � 4eA kN No 6<ALV, I T QrW N 0,-Widl LOS GrA\ T-V308 I Application No. . �-- a5. �L . Change of zoning map amending the Town Zoning Ordinance. C Zone Change from tZM . 5-aa to M; -ZO• ne E:1 Prezoning to A *D by' Planning Commission . date 4.2:5-a(o Approved by 'Town, Co cil date Nove 3,1986 Or(� 1692 Town Clerk ��n�� Mayor Add'it'ional large attachments or exhibits have not been scanned. Please see original file for reference.