Ord 1698 - AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE 1572 WHICH AMENDED THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. 52 FROM 0 AND RM:5-12 TO R- 1:8,000 -PDORDINANCE NO. 1698
AN ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING ORDINANCE 1572
WHICH AMENDED THE ZONING ORDINANCE EFFECTING
ZONE CHANGE NO. 52 FROM 0 AND RM:5-12 TO R- 1:8,000 -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 612 West Parr Avenue shown on the map which is
attached hereto, marked Exhibit A and is a part of this ordinance, from RM:5-12
(Multiple Family Residential, 5 -12 dwelling units per net acre and 0 (Office)
to R- 1:8 -PD (Single Family Residential, 8,000 square foot minimum lot
size - 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 one hundred and seven (107) apartments to be used by
senior citizens, including 10 units designed for the physically
handicapped.
2. Parking (including a minimum of four handicapped spaces), landscaping
and other improvements shown and required on the Official Development
Plan.
3. Uses permitted are those specified in the R -1:8 (Single Family
Residential) zone by Sections 4.26.020 (Permitted Uses) and 4.26.030
(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 4.26.030 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
4.32.120 of the Zoning Ordinance.
SECTION V
OFFICIAL DEVELOPMENT PLAN
In addition to Exhibit A (Zone Change Vicinity Map), the attached Exhibit B
(Site Plan), Exhibit C, D, E, F (Floor Plans), Exhibit G (Elevations), Exhibit
H (topographic survey), and Exhibit I (Tentative Parcel Map) are part of the
Official Development plan. 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. The applicant shall file a parcel map to the satisfaction of the Town
Engineer showing the final configuration of the project site and the
remainder of the County parcel.
2. The applicant shall submit grading, drainage, on -site lighting, on -site
parking, and storm and sanitary sewer plans to the satisfaction of the Town
Engineer.
3. No grading shall occur within 6 feet beyond the driplines of mature trees,
and no paving shall be placed within a 6 foot radius of the base of these
trees.
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4. Hand trenching will be required if any utility lines are to be placed
within the root zones of any mature trees, to the satisfaction of the
Superintendent of Parks and Forestry.
5. Existing trees shown to remain shall be surrounded with protective fencing
along the driplines during grading and construction, to the satisfaction of
the Superintendent of Parks and Forestry.
6. If permitted by HUD financing, each unit shall be served with an active
solar hot water system from the start.
7. No gates or other obstructions shall be built across any portion of any
access road.
8. 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.
9. The handicapped parking measurements shall be updated to be accurate.
10. All units must be handicapped adaptable as defined by the State Housing and
Community Development Adaptability /Accessibility Regulations dated December
10, 1982 or the Housing Adaptability Guidelines by Peoples Housing Inc.
1980, except where the standards would create an unreasonable hardship.
11. Floor plans, including the recreation building, landscaping and other
amenities, shall be reviewed and may be modified by the Deciding Body at
the time of Architecture and Site approval.
12. Covenants
By appropriate documents at close of escrow, developer shall covenant, on
behalf of itself and its successors, to do the following:
A. Restrict the use of the site to housing for elderly persons eligible
for Section 8 subsidies during the period when Section 8 subsidies are
available to the project (or to persons eligible for subsidy available
to the project under any successor law to Section 8) and, thereafter,
restrict the use of the property to housing for elderly persons of low
and moderate income as defined in HUD regulations.
B. Adhere, on initial and subsequent lettings, to the Occupancy Preference
System as supplemented by the Affirmative Fair Marketing Plan, both of
which have been established by the Town. At such time as the project
is no longer receiving any Federal subsidy, the Town may modify its
occupancy preference in any manner that will not jeopardize the
developer's interests.
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C. Maintain the housing units to be constructed on the site in accordance
with the maintenance standards established by the Town. Town personnel
will make periodic inspections. The parties may revise such standards
by mutual consent if necessity requires it.
D. Adopt and maintain the Los Gatos management policies together with
other management policies which ensure that tenants are not allowed to
violate any Town ordinances or in any manner cause a disturbance to
neighbors of the project. The parties may revise such standards by
mutual consent if necessity requires it.
E. Not sell, assign or transfer in any manner any part or all of the site
or improvements, or bring in a new general partner, other than Jack W.
Sheehan, Inc. (or a co- general partner for syndication purposes) or
transfer control of Jack W. Sheehan, Inc., without an express prior
finding by the Town Council, after full and fair consideration of all
the facts and circumstances, that the purchase (or new general partner)
is willing and able to fulfill all the obligations of the developer
under this Agreement or any amendments thereto. This covenant shall
have no effect if the Developer's HUD - insured loan is in default or the
mortgage is held or foreclosed by HUD.
F. Maintain the premises in private ownership, subject to ad valorem
taxation.
G. Place no new encumbrances on the site at any time after 45 years from
close of escrow, nor borrow against the property on any existing
encumbrances after said date, without the written approval of the Town.
H. Reconvey the site to the Town, at the Town's option, to be exercised as
stated herein, sixty -five (65) years from the date of close of escrow
on the take -out loan for the project, for the sum of One Dollar ($1.00)
plus all transfer costs. Said conveyance shall include any and all
improvements then existing on the site, free of all encumbrances, but
subject to all obligations arising from operation of the project except
those personal injury and property damage obligations not covered by
insurance.
13. If at any time within the first five years after initial occupancy,
additional parking is shown to be necessary, it shall be provided by the
property owner subject to Architecture and Site approval.
14. The parking spaces in the southernmost parking area shall be paved with
"turf block ".
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SECTION VI
This ordinance amends Ordinance No. 1572.
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.
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: Z�) �-) �� -
MAYOR OF THE 'TORN OF LOS U17
ATTEST:
CLERK OF THE TOWN OF LOS GA 0
PLNUI:ORD:VILLA
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Nk
go V-ALZ
�0JWI' O LOS GATOS
Application No. z Sz 5 . Change of zoning map
amending the Town Zoning Ordinance.
56 Zone Change from o 4 9M:S -12 to R- 1 :490 -0®
Prezoning to
AfM_vL-2 by Planning Commission date Juu&gy
Approved by Coun it date March 21,19_ Or X572
Town Clerk Mayor �,��