Ord 1436 - AMENDING ORDINANCE NO. 1421 WHICH AMENDED THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. 27 FROM C -2, RM:5 -20 AND RM:5 -20 -LHP TO C -2 -PD, RM:5 -20 -PD AND RM:5- 20- LHP -PDORDINANCE NO. 1436
AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING
ORDINANCE NO. 1421 WHICH AMENDED THE ZONING
ORDINANCE EFFECTING ZONE CHANGE NO. 27 FROM
C -2, RM:5 -20 AND RM:5 -20 -LHP TO C -2 -PD, RM:5 -20 -PD
AND RM:5- 20- LHP -PD
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN:
SECTION I.
The Zoning Ordinance of the Town of Los Gatos is amended to change the
zoning of property shown on the map attached hereto marked Exhibit "A" and
which is part of this ordinance, as follows:
The boundary between Parts A and B is moved, to increase
the area of A and decrease the area of B, retaining the
zone designations of those parts set by section 1 of
Ordinance 1421.
SECTION 2.
Section 2 of Ordinance No.. 1421 is amended to read:
Uses and Improvements Authorized
The PD (Planned Development Overlay) zone established by this ordinance
authorizes the following construction and use of improvements:
PART A (C -2 -PD zone)
1. A commercial building, gross floor area not to exceed 5,640
square feet. The uses permitted are those specified in the
C -2 zone by section 4.56.020 (Permitted Uses) and sections
4.56.030 and 5.20.205 (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 4.56.030 or 5.20.205 is
allowed unless specifically authorized by this ordinance, or
by conditional use permit, excepting (1) banks, and (2) savings
and loan offices, which are permitted uses.
2. 16 off - street parking spaces.
3. Landscaping, walkways, driveways and other improvements shown
and required on the Official Development Plan.
4. A plaza for the joint use of the commercial building and the
condominium units.
PART B (RM:5 -20 -PD zone)
1. Two multiple dwelling structures -- building number one (located
on the upper level of the property) containing 21 condominium
units and building number two (located on the lower level of
the property) containing 27 condominium units.
2. Parking for the residential condominium units at a ratio of two
spaces for each one bedroom unit and three spaces for each two
and three bedroom unit.
3. Eight parking spaces designated for off -site commercial building
(Part A) parking.
4. A common recreation area consisting of swimming pool, spa and
cabana.
5. A portion of the Los Gatos Creek Trail.
6. An emergency access road from Part B to New York Avenue.
7. Landscaping, walkways, private street, driveways, and other
improvements shown and required on the Official Development Plan.
PART C (RM:5- 20- LHP -PD zone
1. The Forbes Mill Annex Building. The Forbes Mill Annex Building
and the surrounding property in Part C is to be used as a Town
owned park, or any other uses approved by the Town Council.
2. 13 parking spaces.
3. A portion of the Los Gatos Creek Trail.
4. Landscaping, walkways, and other improvements shown and required
on the Official Development Plan.
SECTION 3.
Section 5 of Ordinance No. 1241 is amended by adding subsection 13:
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13. The commercial bu.ilding
constructed at the same
on Part B, however, the
appurtenant landscaping
any condominium unit is
certificate of Use and
on Part A need not be
time as the condominiums
parking lot, plaza, and
shall be completed before
occupied and before any
Dccupancy issues.
SECTION 4.
Section 5a is added to Ordinance No. 1421, to read:
Section 5a - BMP Units
1. Definitions
a. A BMP unit is a residential condominium unit which is built
for purchase and occupancy of persons of moderate income
under the rules of this section 5a.
b. A person of moderate income is one whose income falls within
the range specified by the Town Council in the resolution
authorized by subsection 5.
2. BMP Units Required
Of the 27 units in Building No. 2 on Part B, four shall be
BMP units.
3. Price
The price of BMP units is controlled for the first buyer and
for future buyers as follows:
a. The initial price is limited to direct construction cost and
a proportionate share of the costs of preparing working
drawings and specifications, and providing on -site and off -site
improvements, determined according to rules set by the council.
b. The initial price does not include the cost of land, profit,
or marketing costs.
c. Each BMP unit will be subjected to recorded title restrictions
concerning manner of future sales, occupancy and leasing.
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d. Each buyer of a BMP unit must agree to sell the unit to a
moderate income buyer designated by the Town. The Town will
designate moderate income persons according to rules adopted
by the council in effect at the time the seller purchased
the unit.
e. The resale price cannot exceed the original selling price
plus the value at the time of sale of improvements added by
the owner, and plus an amount equal to the increase in cost
of living or housing during the owner's tenure. The index
or method to be used in calculating the increase is established
by the council.
f. If a BMP unit to be resold has not been properly maintained
or for any other reason is in poor condition and in need of
cleaning or repair, the Town may elect to do the work or have
it done and recover the cost from the sale price limited as
provided in subpart e.
g. The regulations will specify the period for controlled resales.
The time period will be for as long as is practical.
5. Administration
The Council shall adopt by resolution regulations concerning
all aspects of the BMP program, including the elements of price,
buyer eligibility standards, the length of the period during
which a unit will be subject to BMP restrictions, the form of
recorded instruments and any other matter consistent with the
provisions of this section 5a.
SECTION 5.
All other sections of Ordinance No. 1421 remain in effect.
SECTION 6.
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 circulate -en•in the Town.
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The foregoing ordinance was duly and regularly introduced at a
regular meeting of the Town Council of the Town of Los Gatos held on the
lath day of June 1979.
PASSED AND ADOPTED as an ordinance of the Town of Los Gatos, California,
at a regular meeting of the Town Council, held on the 18th
day of June , 1979, by the following vote:
AYES: COUNCIL MEMBERS: Ruth Cannon Thomas J. Ferrito Mardi Gualt
Peter W. Siemens and John B. Lochner
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
SIGNED:
ATTEST:
CLERIK OF THE TOWN OF LOS FOS
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Application loo. -lei -�ok Change of zoning map
Amending I Town Zoning Ordinance
0 Zone Change Amending Boundaries of P its A and B
El Prezoning
Approved by Planning Commission da 4- -25 -7 1
Approved b -Tojvn 4 ou cil date J�� P j ®,rd. u -L
Town Clerk -f ; f`2 4 Ma
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