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.
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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.
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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 ".
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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.
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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.
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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.
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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