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Ord 1697 - AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE 1067 WHICH AMENDED THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. 51 FROM R- 1:8000 to R- 1:8000 -PDORDINANCE NO. 1697 AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE 1067 WHICH AMENDED THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. 51 FROM R- 1:8000 to R- 1:8000 -PD THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS: SECTION I Ordinance No. 867 is hereby amended, and Ordinance No. 1061 supplemented, to prescribe the conditions for planned development in the following described property: 4.947 acres of land situated westerly of San Benito Avenue, southerly of Mariposa Avenue and easterly of Rose Avenue, and further described as portions of Assessor's Parcels 408 -21 -8, 408 -20 -83 and 408- 20 -92. SECTION II The uses and improvements authorized on the property are as follows: The Planned Development (PD) Zone shall allow the development on the above described real property of a single family residential subdivision, public street and other improvements related thereto, and the construction, and use of single family units, the development and use of recreational and open space areas and other uses associated with and incidental to the development and use of the subdivision as hereinafter prescribed. Included in the development shall be twenty -two (22) single family residential units, twenty -two (22) carport spaces, various areas of open space, and other improvements noted on and required by the plans and specifications. SECTION III Staged Development The development required and uses authorized in this Planned Development Zone shall proceed in two (2) stages, hereinafter referred to as "phases ", described in Sections 4 and 5 hereof, provided that the schedule of the phases may be modified as provided in Section 6 hereof. SECTION IV Phase 1 Included within the Phase 1 development shall be the construction and installation of all improvements shown on Sheets 1 through 10 of Exhibit "A" of the Development Plans within that area of the above described real property illustrated on Sheet 1 as Phase 1, including the following: a. The construction of ten (10) single family residential units, eight (8) carport spaces, and other driveways and off - street parking spaces as indicated. b. The landscaping of all common areas within the area designated Phase 1 and the installation of new fencing as indicated on Sheet 1. C. The installation of all street improvements for a forty (40) foot (property line radius) cut -de -sac bulb (thirty -two (32) foot curb radius) at the present terminus of Poppy Lane. d. The installation of all street improvements for a thirty -six (36) foot wide (twenty -six (26) feet curb to curb) street with a forty (40) (property line radius) cul -de -sac bulb along the Rose Avenue access road. - 2 - e. The installation of a twenty -four (24) foot wide paved access road from the northerly property line to Bruce Avenue. The construction of the improvements required under Phase 1 shall begin not later than one (1) year after the effective date of this Ordinance and completed not later than the date specified in an agreement providing for the installation of the public improvements in Phase 1 to be entered into as a condition of filing of the Final Subdivision Map for said area. SECTION V Phase 2 Included within the Phase 2 development shall be the construction and installation of all improvements shown on Sheets 1 through 10 of Exhibit "A" of the Development Plans within that area of the above described real property, illustrated on Sheet 1 as Phase 2, including the following: a. The construction of twelve (12) single family residential units, twelve (12) carport spaces, and other driveways and off - street parking spaces as indicated. b. The landscaping of all common areas within the area designated Phase 2 and the installation of new fencing as indicated on Sheet 1. C. The installation of all street improvements for a forty (40) foot (property line radius) cul -de -sac at the easterly boundary of the property. - 3 - The construction of the developments and improvements required by Phase 2 shall not begin until the issuance of an occupancy permit by the Planning Director authorizing occupancy of the residential units constructed pursuant to Phase 1, nor until dedication is made and installation obligated for access to Phase 2 from San Benito Avenue; and shall be completed not later than the time specified in the improvement agreements between the Town and the developer executed as a condition of filing the Final Subdivision Map for the area designated Phase 2. SECTION VI Order of Development Sections 4 through 8 of this Ordinance authorizing the staged development of the above described property shall not be deemed to preclude the development of all of the improvements required in said sections in one project as a single integrated whole. In the event the development is staged as authorized by Sections 4 and 5, and any phase thereof is not commenced or completed within the time required thereby, such failure to commence or complete shall constitute grounds for the rezoning of the remainder of the undeveloped property from the PD Zone Classification to any other classification compatible with the classification and use of surrounding properties in the area. The commencement of development and construction of no phase shall commence later than five (5) years after the effective date of this Ordinance. SECTION VII Development Plan The development plan for the Planned Development (PD) Zone created by this Ordinance shall consist of this Ordinance and the following plans hereinabove referred to by particular sheets as "Development Plans ". _4_ 1. Those plans identified and entitled "Retirement Housing - -Board of Pensions, The United Presbyterian Church Project ", marked Exhibit "A" containing the following sheets: a. Sheet 1 : Showing the overall development layout including the unit arrangement for twenty -two (22) dwellings, twenty -two (22) carport spaces, twenty -eight (28) open parking stalls, demonstrating the project phasing, details of the garden light standards and building light fixtures, a typical fence elevation and fence location, and several cross - sections of the property which are keyed to complete set of building elevations. b. Sheets 2 and 3 : Illustrating elevations of all residential and garage structures keyed to Sheet 1 to identify where each elevation occurs. C. Sheet 4 : Illustrating the grading and drainage plan, typical cross - sections of streets and driveways, and a complete internal pedestrian walkway system. d. Sheet 5 : Illustrating the three floor plans to be used and their respective floor areas. e. Sheets 6 through 8 : Landscaping and lighting plans. f. Sheets 9 and 10 : Irrigation plans. 2. Exhibit B Performance Standards. a. A final grading plan will be submitted which meets with the approval of the Town Engineer, Planning Director and Superintendent of Parks and Forestry prior to the issuance of any permits. - 5 - b. Prior to the issuance of a building permit, a meeting will be held between the applicant's architect, contractor, the Superintendent of Parks and Forestry and the Planning Director to discuss how the preservation of trees will be assured on the site. C. Prior to the removal of any trees, the applicant shall stake the boundaries of each structure, tag the trees to be removed. No tree shall be removed without specific approval of the Planning Director. Minor modifications of building locations may be made to preserve trees, but only with the approval of the Planning Director. d. Before construction begins, temporary fences shall be placed around the base of the existing trees as directed by the Superintendent of Parks and Forestry. e. Trailers, boats, trailer coaches, unmounted campers, inoperative motor vehicles and construction equipment shall not be stored within any front yard. Section 5.15 (a -g) of the Zoning Ordinance, Town of Los Gatos. f. Street Dedications shall be made as follows: Phase 1 : Dedication of sufficient right -of -way for the installation of a forty (40) foot wide (property line radius) cul -de -sac bulb (thirty -two [321 foot curb radius) at the terminus of Poppy Lane, and a thirty -six (36) foot wide (twenty -six [261 foot curb to curb) street with a forty (40) foot radius cul -de -sac bulb along the Pose Avenue access road. Phase 2 : Dedication of sufficient right -of -way for the installation of a standard forty (40) foot cul -de -sac at the easterly boundary of Phase 1. g. Standard street, sewer and drainage improvements required for each individual phase, including but not limited to curbs and gutters, paving, street lighting and storm and sanitary sewers shall be installed to the satisfaction of the Town Engineer. In Phase 1 these improvements shall include a twenty -four (24) foot paved access road from the northerly property line to Bruce Avenue. h. A contract and bond shall be provided by the developer to guarantee the installation of the above described public improvements for each phase prior to the issuance of a building permit for any work on that phase. i. A grading and drainage plan satisfactory to the Town Engineer be submitted and approved prior to the issuance of a building permit. j. A soils engineer's report, satisfactory to 'the Town Engineer shall be provided by the developer containing recommended grading procedures, foundation design, pavement design, etc. k. All fees due the Town of Los Gatos shall be paid. 1. All conditions of approval pertaining to the lot division creating this property shall be complied with. M. All extensions or relocations of electrical or telephone distribution lines shall be placed underground. This requirement includes full undergrounding of the utilities for the Rugani residence, which presently cross the southwest corner of the subject property. - 7 - n. 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. o. 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. An approved copy of the above described exhibits are on file in the Office of the Town Clerk of the Town of Los Gatos, 110 East Main Street, Los Gatos, California, and said plans are by this reference incorporated herein and made a part of this Ordinance to the same extent as if set forth at length herein. All improvements constructed after the effective date of this Ordinance on the above described real property shall conform in all respects with said Development Plans. No use shall be made of the real property described above except as authorized by and in the locations prescribed by the Development Plans. SECTION VIII Maintenance of Open Areas All open areas within the above described development required to be landscaped pursuant to this Ordinance in the manner prescribed by Sheets 6 through 8 of Exhibit "A" of the Development Plans shall be maintained in good repair and attractive condition in accordance with said plans for as long as the Planned Development (PD) Zoning Classification imposed by this Ordinance applies to the subject property. SECTION IX Interpretation An application for approval of a tentative subdivision map covering the above described real property (Town Application No. M -72 -1) has been processed concurrently with the application for the rezoning authorized by this Ordinance. The tentative map for said subdivision was approved by the Town of Los Gatos Planning Commission, as the advisory agency, on February 16, 1972, the enactment of this Ordinance having been made an express condition of the approval of said tentative map. Many of the conditions attached to the approval of said tentative map are identical to, and some more comprehensive than the requirements of this Ordinance. The conditions of said tentative map and the requirements of this Ordinance are to be interpreted together as an integrated whole. This section shall not be so construed as to deprive the Town Engineer of discretion to regulate the nature and extent of drainage, utility and other subdivision improvements not specifically described in Sections 4 through 5 in the event said subdivision is developed in phases or units. The Planning Director is hereby authorized to permit commencement of construction on any phase of the development in advance of the time provided in Sections 4 through 5 hereof and to extend the time for final completion beyond that provided in Section 6 of this Ordinance. Any extension of time or permission to advance the time - for construction by the Planning Director shall be granted only in writing, only upon written request therefor by the developer, and only after the Planning Director has determined that granting the request will not be detrimental to the orderly development of the Town nor impose added burdens on the Town. The Planning Director's determination concerning possible detriment shall be made only after consideration of all relevant factors which shall include but are not limited to the following: 1. The overall stage of completion of the development; 2. The financial condition of the developer; 3. The market for dwellings such as those in the development; 4. The extent of the developer's compliance with the terms of this Ordinance, the improvement agreements, and the specifications in the subdivision map; 5. The traffic circulation needs of the Town and of the development; 6. The effect of the development work on drainage, sewerage and soil conditions; and 7. The sufficiency of the improvement security. SECTION X The property referred to in Section 1 of this Ordinance is that designated on the amendment to the zoning map which is a part of Ordinance No. 1061 of the Town of Los Gatos. SECTION XI This ordinance amends Ordinance No. 1067. - 10 SECTION XII 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 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 NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None SIGNED: Xzr ('�� MAYOR OF THE TOWN OF LOS GATOS ATTEST: PCMIN:ORD:PRESBY