Ord 1696 - AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE 1279 WHICH AMENDED THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. 147 FROM R- 1:40,000 and R- M:5 -12 TO R- M:5 -12 -PDORDINANCE NO. 1696
AN ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING ORDINANCE 1279
WHICH AMENDED THE ZONING ORDINANCE EFFECTING
ZONE CHANGE NO. 147 FROM R- 1:40,000 and R- M:5 -12 TO R- M:5 -12 -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 attached hereto and made a part of
this ordinance and which for descriptive purposes is designated Parts A and B.
Part A : 7 gross acres are rezoned from R- 1:40,000 (Single Family
Residential, 40,000 square foot minimum lot size) to R- M:5 -12 -PD (Multiple
Family Residential, 5 -12 dwelling units per net acre - Planned Development).
Part B : 3.3 gross acres are rezoned from R- 1:40,000 (Single Family
Residential, 40,000 square foot minimum lot size) and R- M:5 -12 (Multiple
Family Residential, 5 -12 dwelling units per net acre) to R- M:5 -12 -PD
(Multiple Family Residential, 5 -12 dwelling units per net acre - Planned
Development).
SECTION II
The PD (Planned Development Combining) Zone established by this ordinance
authorizes development in accordance with the following rules:
Part A
Density Part A may contain a senior citizen project. Density is limited
to a maximum of 27.69 senior citizen dwelling units per net acre (based on
Housing Element Policy, Section IV, Part C, adopted February 19, 1974,
using a conversion factor of 1.3 persons per senior citizen dwelling unit).
Residence in this project shall be restricted to persons who are senior
citizens as defined by Zoning Ordinance Section 2.00.420, except that
handicapped residents need not be senior citizens.
Occupant age restrictions are subject to the following:
a. The conditions, covenants and restrictions for the project shall
include 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.
b. 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 the foregoing age
restrictions until the Town consents otherwise, and that in the event
of litigation to enforce the restrictions they and their successors
will pay the Town expenses and attorneys fees.
Off- Street Parking: Off- street parking shall be provided at the rate of at
least one stall for each dwelling unit plus 10 stalls.
Vehicle Trips Per Day In no event is any development or combination of
developments permitted under the provisions of the Planned Development
Ordinance or of the underlying zone which will exceed 571 vehicle trips per
day. 3.5 vehicle trips per dwelling unit per day is hereby determined to
be the number of vehicle trips per day that the senior citizen condominium
will cause. As is the case with the senior citizen condominium, the number
of vehicle trips per day that any development under the provisions of the
underlying zone will cause shall be determined in advance by means of
evidence including estimates by competent experts at any development
approval hearing to be held under the provisions of the zoning ordinance.
Part B
Vehicle Trips Per Day In no event is any use or combination of uses
permitted under the provisions of the Planned Development Ordinance or of
the underlying zone which will exceed 235 vehicle trips per day. The
number of vehicle trips per day any such development will cause shall be
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determined in advance by means of evidence including estimates by competent
experts at any development approval hearing to be held under the provisions of
the zoning ordinance.
Part A &B
Emergency Access: Emergency access shall be provided by the developer from
Alberto Way to Bella Vista Avenue, constructed to the following standards:
The width of the road shall be 18 feet with 3 foot shoulders on either
side; the grade shall not exceed 15 percent; the inside radius of turns
shall be 42 feet; a 15 foot minimum overhead clearance shall be kept at all
times, and the road surface shall be constructed to sustain 35,000 pounds
loading.
Project Area: Project area is the gross area less all public and private
streets.
SECTION III
Uses and Improvements Authorized
The Planned Development (PD Combining) Zone established by this ordinance
authorizes development as follows:
Part A
a. 162 individually -owned senior citizen condominium dwelling units
on 5.852 net acres.
b. 172 off- street parking stalls.
C. Commons buildings containing the following:
1. Dining room and kitchen.
2. Maid and linen areas.
3. Central maid linen and laundry.
4. Beauty salon and barber shop.
5. Administrative offices and lobby.
6. Vending area.
7. Hobby and craft area.
8. Health spa.
9. Common residents laundry.
d. Outdoor commons areas, including:
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1. Putting green
2. Badminton.
3. Horseshoe pits.
4. Community gardens.
5. Shuffleboard.
6. Swimming pool.
e. Alternatively, those uses as specified in Article 6 -1 R- M :5 -12
(Multiple Family Residential, 5 -12 dwelling units per net acre)
Part B Zone District, in accordance with all provisions thereof.
a. An emergency access roadway as described in Section 2 herein.
b. Those uses as specified in Article 6 -1 R- M:5 -12 (Multiple Family
Residential, 5 to 12 dwelling units per net acre) Zone District
in accordance with the provisions thereof.
SECTION IV
Official Development Plan
Prior to the issuance of any permits in compliance with the Official
Development Plan hereby approved, precise plans shall be submitted to and
approved by the Planning Commission of the Town of Los Gatos pursuant to
Section 20.11 of the Zoning Ordinance.
The "Official Development Plan" for the Planned Development Combining
District established by this Ordinance consists of this Ordinance and the
following listed plans (approved stamped, December 1, 1975 ), which are
those required for compliance with Sections 20.6 through 20.9 of the Town
Zoning Ordinance, and are on file in the Office of the Town Clerk and the
Office of the Town Planning Department.
Sheet 1 : "Site Context" illustrating the project site in relationship to
surrounding properties (stamped date of receipt November 4, 1975).
Sheet 2: "Sketch and Typical Plan Elevations" illustrating a typical
30 -un1t c uster our plan, sing e s ory uni s oor plan, and sketch of
building elevation.
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Sheet 3 : "Tentative Site Land Use Plan" illustrating Part A site plan
including traffic circulation, parking location, cluster design recreational
facilities and land area calculations.
Sheet 4 : Plan showing the emergency access road from Alberto Way to Bella
Vista across Part B including sections and effects of grading and retaining
walls.
SECTION V
Performance Standards
In addition to the foregoing plans, the following performance standards are
part of the "Official Development Plan ":
1. The conditions, covenants, and restrictions shall be submitted for
approval in conjunction with the tentative subdivision map and the
Precise Development Plan.
2. The building setbacks from the boundaries of Part A shown on the
"Official Development Plan" shall be considered as minimum in
preparation of the Precise Development Plan and the Architecture and
Site Committee shall pay particular attention to the distance between
the paved areas and the structures and other structures in determining
the livability of the units, without changing the number of units or of
parking spaces.
3. All areas paved for automobiles, except the emergency access, shall be
separated from landscaped areas with a 6" high concrete curb.
4. Occupant age restrictions are subject to the following:
A. The conditions, covenants and restrictions or any similar document
for the project on Part A shall include 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 Part A property.
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B. The owners of Part A 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 the
foregoing age restrictions until the Town consents otherwise, 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. Street and Road Work
A. Emergency Road Construction
Construction of the emergency access road on Part B, including
landscaping on all cut or fill slopes, shall be completed:
I. Before any building permit is issued for the thirty - seventh
dwelling unit on Part A,
2. Before any permit is issued for construction of any building on
Part B, except a permit to reconstruct or remodel any building
which exists on Part B on the effective date of this ordinance,
3. In any event, within 18 months of issuance of any building
permit for construction on Part A.
B. Emergency Road Maintenance
Owners of Parts A and B shall enter into an agreement with the Town
binding themselves and successors in interest jointly and severally
to maintain the emergency access road in good condition in
perpetuity. The agreement shall run with the land, shall be
recorded, shall include provisions that in the event of default the
Town may perform reasonable maintenance work and that the amount of
the cost of such work shall be a lien against Part A and B with
provisions for foreclosure. Recordation shall take place
concurrently with a recording of the subdivision map.
C. Alberto Way Construction
I. Construction of Alberto Way as far northerly as the turnaround
adjacent to the commons building shall be completed before any
occupancy permit is issued for any building on Part A or B,
except buildings which are also the subject of the Part 5 A 2
exception.
2. Construction of Alberto Way as far northerly as the northerly
boundary of Part A shall be completed according to the same
schedule as the emergency access road.
6. The emergency access road may not be used as a construction road.
7. Barricades or gates are required to be constructed across the emergency
access road. Details shall be submitted with and shall be subject to
review with the Precise Development Plan.
8. The exact number of carports shall be determined during the preparation
of the Precise Development Plan, the Architecture and Site Committee in
their review of the Precise Development Plan may require carports and
landscaping to break up large paved areas.
9. The height of all buildings or other structures on Part A shall be
within the limits provided in Section 6- 1.1l.a of the Zoning Ordinance.
10. The main commons building shown on the approved plans must be
constructed and completed concurrently with the first 36 dwelling
units.
11. Development of Part B shall be in accord with Article 6 -1, RM Multiple
Family Residential Zone except as regulated herein.
12. In the course of any proceeding to subdivide the 10.3 acre property,
the owners of Parts A and B shall dedicate or procure the dedication
of:
A. A 54 foot wide public street for the extension of Alberto Way to
the northerly line of the subject property as shown on the approved
plans, subject to any non - access or similar reservation as the Town
may hereafter require as a condition of subdivision at the
northerly terminus thereof.
B. The emergency access easement from Alberto Way to Bella Vista
Avenue as shown on the approved plans. The easement shall provide
that the Town of Los Gatos and all public agencies have a
nonexclusive, perpetual right -of -way - For all forms of emergency
traffic, both vehicular and pedestrian, and that in time of
emergency the general public will have a similar right. The
instrument of conveyance will be subject to approval of the Town
Attorney and will further provide that:
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1. While the owners of the servient land may use the easement area
for a driveway, they will never obstruct it in any way that
will interfere with the described emergency uses;
2. The Town of Los Gatos will have the right to install and
maintain gates at each end of the easement, and the owners of
the servient land will keep such gates shut and locked to the
extent that closure of the easement is required by Resolution
of the Town Council, which Resolution may be amended from time
to time; provided further that the design of the gates and
locks will not be such as to interfere unreasonably with use of
the servient land, and that if any change in the use of the
servient land occurs which would require more elaborate- -for
example, automatic -- gates, replacement or modification of the
gates will be done at the expense of the owners of Part B;
3. The Town shall have the right to maintain the easement;
4. The provisions concerning the Town's right to install or
maintain facilities shall not be construed to relieve the
owners of Parts A & B from any duty imposed on them by this
ordinance or other Town approval.
13. The owner of Part A shall guarantee, by contract and bond, subject to
such reimbursement provisions concerning development of the property
northerly of the subdivision as may be made in the approval of the
subdivision map or maps contemplated by this ordinance, the
installation of:
A. Standard street improvements on Alberto Way to the northerly line
of the subject property, including curb and gutter and standard
street lights on both sides, full pavement (34 feet curb -to- curb),
sidewalk west side only, storm drainage and sewer.
B. Construction of an emergency access road to the standards of the
Central Fire District and the Town Engineer.
C. Installation of storm drain and sewer systems with provisions for
service to the adjacent parcels shall be constructed to the
satisfaction of the Town Engineer.
14. The owner of Part A shall participate in the cost of installation of
traffic signals at the intersection of Alberto Way and Saratoga Avenue
by making a payment to the Town of an amount equal to one - eighth of the
signal cost.
15. A minimum of 200 square feet of private open space shall be provided
for all ground floor units and shall be under the control of the owners
of the ground floor units and all second story units shall have a
minimum balcony area of 70 square feet.
SECTION VI
This ordinance amends Ordinance No. 1279.
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.
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This ordinance was introduced at a regular meeting
of the Town Council of the Town of Los Gatos on November 3rd 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 December 1st , 1986.
AYES: COUNCIL MEMBERS Joanne Benjamin, Eric D. Carlson, Thomas J.
Ferrito, Robert L. Hamilton, and Mayor Brent N. Ventura r
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
SIGNED: /?- /?
MAYOR OF THE TOWN 0 S
ATTEST:
CLERK OF THE TOWN F LOS GATOS
PCMIN:ORD :COMONS
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C�
TOVW OF LO GATOS
Application No. Z-472-60 Change of zoning snap
Amending Ordinance 867 of Town Zoning Ordinance
Zone Change from s °/2. / t
rAppr oved zoning to
ved by Planning Commiss date ��� �2 Z5
by. Town Coin it date 12 -15 - 75 Or 1279
Clerk �� �,_ Mayor