Loading...
Ord 0952 - AMENDING ORDINANCE 867 OF THE TOWN OF LOS GATOS, BEING THE ZONING ORDINANCE TO PROVIDE A PLANNED DEVELOPMENT ZONE BY ADDING ARTICLE 23 TO SAID ZONING ORDINANCE.ORDINANCE P D OR PLANNED DEVELOPMENT ZONE AN ORDINANCE AMENDING ORDINANCE 867 OF THE TOWN OF LOS GATOS, BEING THE ZONING ORDINANCE TO PROVIDE A PLANNED DEVELOPMENT ZONE BY ADDING ARTICLE 23 TO SAID ZONING ORDINANCE. THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: ARTICLE 23: PD OR PLANNED DEVELOPMENT ZONE SEC. 23.1 APPLICATION The regulations set forth in this article shall apply in all zones hereinafter designated "Planned Development" (PD). This ordinance shall not be used in R -1 (Single Family) zones. SEC. 23.2 INTENT The PD zone is designed to create the optimum of open space and encourage excellence of design. This zone is designed to allow incorporation within its boundaries of a single use or uses, des- cribed in this article, which would not normally be allowed because of mixture of use, density, building intensity, and design, within the same district or any other district, This variation is made possible by requiring a complete development plan showing the re- lationships of theuuu" or uses to each other and to the district as a whole, The buildings erectdd under the PD process shall be so designed as to improve the architectural appearance of the Town, and shall be compatible with the surrounding areas. Also, all buildings erected within a PD zone shall be architecturally compatible among themselves and shall be a unified whole. The PD plan requires the approval of the Town Council, upon recom- mendation of the Town Planning Commission, which must make findings which clearly demonstrate that the plan results in a more desirable land use and physical environment than would be possible under sep- arate district classifications. The location of an acceptable PD land use does not, nor is it in- tended to create further commercial and residential, or industrial, development within the area surrounding the PD zone. SEC. 23.3 ADOPTED BLOCK STUDIES In those areas where the Town has adopted Block Studies or other planning studies in conjunction with planning policy, the applicant will use such plans as a general guide in preparation of a proposed planned development. SEC. 23,4 SITE AREA A planned development district shall consist of not less than 15,000 square feet of contiguous site area. SEC. 23.5 USES PERMITTED Commercial, residential, industrial, public or quasi - public uses or combinations thereof shall be permitted. S EC, 2.3.6_ DENSITY Density shall conform with the General Plan for the area and shall be based on the number of dwelling units per net acre remaining after deducting public and private streets, schools, flood control channels, and other public improvements. SE C. 23.7 DESI CONSIDERATIONS The Planning Commission will consider but is not limited to the follow- ing design factors: 1, Yards 2. Light and air orientation and design 3. Pedestrian and vehicular circulation 4. Parking and loading space requirements 5. Waste disposal facilities 6. Lighting 7. Visual and auditory relationships with neighboring properties. 8. Open space 9. Landscaping SEC. 23 -8: PARKING REQUIREMENTS The number of spaces required for off- street parking and loading shall be designed in accordance with Article 21 of the ordinance; however, the Commission may modify these standards to promote excellence of design if the applicant can show that the modifications will not other- wise cause undue street and traffic congestion. SEC. _2 .: UNDERGROUND UTILITIES All extensions or relocations of distribution lines of utilities shall be placed underground, provided that the Commission shall have the power to waive the requirement if the applicant can show that such re- quirement is unreasonable to a particular piece of property. SE , 223.10: STAGED DEVELOPMENT If the applicant proposes a staged development, each stage shall be designed so as to stand as an independent development and shall meet design criteria as stated in this ordinance, or which may be stated by the Planning Commission. S _EC. 23,1 PROCED FOR ADOPTION OF OFFICIAL DEVELOPMENT PLAN The property owner shall file a petition for Site and Architectural Approval, and in addition shall file the following: 1, A preliminary development plan which may be a sketch map drawn to scale for tfiQproposed planned development, showing; a. A land use plan for the proposed district showing all pro- posed uses, b. Any areas proposed for interior circulation. If the devel- oper proposes that any of these be public spaces, he shall indicate them, C, Public parks and open spaces, d, A general circulation plan indicating the proposed movement and relative volumes of vehicles, goods and pedestrians within the zone, and to and from adjacent public thorough- fares, e, The stages to be built in progression, if any, f, The land ownership, g, Schematic architectural plans and elevations of typical buildings and structures, 2, A time schedule for development, 3. Written consent to the proposed planned development of all persons owning an interest in the property, 4. Such other information as the Planning Commission and Planning Department may require. 5. The Planning Commission may require, as part of the preliminary development plan, a market analysis demonstrating the need for such commercial uses within the zones in the types, amounts and locations proposed, SEC, 23,12 SITE AND ARCHITECTURAL APPROVAL Upon the submission of a petition requesting a PD zone the Commission shall review said petition and preliminary development plan and shall then prepare a written report to accompany and be heard at therpbbl4 hearing, The report shall contain a recommendation from the Planning Department staff which may include the following; 1. A map showing the existing zoning of the subject property and the adjoining properties regardless of jurisdiction, 2, A relatively current existing land use map of the area within three hundred (300) feet of the subject property, 3. Comments which may be illustrated with drawings or maps as to whether the proposal generally conforms to the Adopted General Plan r;. or interim General Plan, This includes comments regarding the effect of this proposal on the circulation, density and land use elements of the General Plan, 4. General design comments. 5. Any comments deemed appropriate by the staff. 6. Any illustrative drawings, maps or plans deemed appropriate by the staff. SEC. 23,13: PUBLIC NEARING BEFORE PLANNING COMMISSION At the time and place set for the public hearing before the Commission on the reclassification of said property to a PO zone, the Commission shall consider the preliminary report and preliminary development plan for compliance with the requirements of this article, and shall either: 1. Dissapprove the petition and abandon proceedings thereon; or 2. Continue the public hearing to a date certain and refer the petition to the Planning Department and petitioner with instructions for the petitioner to prepare a proposed devel- opment plan in accordance with the preliminary report; or 3. Continue the public hearing to a date certain and refer the petition and preliminary development plan back to the petitioner with recommendations as to amending the petition and preliminary development plan to be consistent with the requirements and in- tent of this article. SEC. 23.14: PROPOSED DEVELOPMENT PLAN The proposed development plan shall include the following together with appropriate dimensions: 1. Identification and descri Lion: a. Proposed name. b. Location by legal description. c. Names and addresses of applicant and designer who made the plan. d. Scale of plan, preferably one (1) inch to twenty (20) feet. e. Date. f. North point. 2. Exi sting conditions: a. Contours at an interval to be specified by the Site and Architecture Committee. b. Boundary line of proposed planned development, indicated by a solid line, and the total acreage therein. c. Location, widths and names of all existing or prior plotted streets or other public ways, railroad and utility rights - of -way, parks and other public open spaces, permanent build- ings and structures and their use, permanent easements and city boundaries within three hundred (300) feet of the pro- posed development. d. Existing sewers, water mains, culverts and other underground facilities within the development, indicating pipe sizes, grades, manholes and their exact locations. e. The land ownership. 3. Proposed conditio a. Land use: (1) A land use plan indicating all proposed uses. (2) Any areas proposed for interior circulation. if the developer proposes that any of these be public spaces, he shall indicate them. (3) Open space that is to be maintained and controlled by the owners of the property, and their successors in interest, for this planned development. b. Contours and drainage. (1) Contours as they will be after development. (2) Drainage system and sanitary sewers. c. Circulation: (1) A street system and lot design with appropriate dimen- sions. (2) A traffic flow map showing circulation pattern within and adjacent to the proposed development. Any special engineering features and traffic regulation devices needed to facilitate or insure the safety of the cir- culation pattern shall be shown. (3) Location and dimensions of pedestrian walkways and malls. d. Parki and loading (1) Location, arrangement, number and dimension of automobile garages and parking spaces, width of aisles, width of bays, and angles of parking. (2) Location, arrangement and dimensions of truck loading spaces and docks. e. Architectural plans (1) Types of buildings and their site locations, (2) Preliminary architectural plans and elevations of typical buildings and structures, indicating the general height, bulk and general appearance. Perspective drawings of the ,development may be required. f, Landscapin (1) A preliminary tree planting and landscaping plan, includ- ing ground cover, finished grades, slopes, banks and ditches, plant names, plant sizes, and intended irrigation system, All existing trees over six (6) inches in diameter and groves of trees where trees are concentrated shall be so marked. (2) The approximate location, height and materials of all walls, fences and screen planting, g. Miscellaneous; (1) Tables showing the total number of square feet and their distribution use, including off-street parking, streets, parks, and open spaces as shown on the proposed development plan, (2) Drafts of appropriate restrictive covenants, drafts of documents providing for the maintenance of any common open space, drafts of required dedications or reservations of public open spaces and drafts of any dedications of de- velopment rights, (3) For purposes of information, a time schedule indicating when construction is to begin, the anticipated rate of development and the approximate completion date, (4) For purposes of information, the stages, if any, to be constructed in the development of the planned development. Such stages shall be clearly indicated on the proposed development plan, (5) Such other information as the Commission shall require. SEC, 23,15: CONTINUED PUBLIC HEARING BEFORE THE PLANNI COMMISS At the time and place set for the continued public hearing before the Planning Commission, the Commission shall consider the petition, the proposed development plan, and any other information available, and shall; 1. Approve the petition and the proposed development plan as being in compliance with the requirements and intent of the Article and refer the petition and proposed development plan to the Town Council with its recommendation that the PD zone be established on said property, and further provide that the following findings shall be made by the Town Planning Commission: a. That the location of a PD District is proposed on property which has an acceptable relationship to major thoroughfares; and that said thoroughfares are adequate to carry the addi- tional traffic generated by the development. b. The plan for the proposed development presents a unified and organized arrangement of buildings and service facilities which have a fundamental relationship to the properties imme- diately adjacent to the proposed development, with adequate landscaping and fence treatment to insure compatibility. c. The development of the property in question, in the manner proposed by the petitioners, will not be detrimental to the public welfare, will be in the best interests of the Town and will be in keeping with the general intent and spirit of the zoning regulations of the Town of Los Gatos, and with the Town of Los Gatos General Plan, and any plans adopted by the Town Planning Commission and the Town Council which are elements of the General Plan. 2. Continue the public hearing to a date certain and refer the petition and proposed development plan back to the petitioner with recommenda- tions as to amending the petition and proposed development plan, to be consistent with the requirements and intent of this article; or 3. Disapprove the petition and the proposed development plan and aban- don proceedings thereon. SEC. 23.16 ACTION BY THE T014N CO At the time and place set for public hearing on the change in zoning to a PD zone before the Town Council, the Council shall consider the pro- posed development plan recommended by the Commission for compliance with the requirements and intent of this article, and shall; 1. Adopt an ordinance rezoning the property as a PD zone and adopt the proposed development plan as the official development plan. The total number of permitted buildings and uses shall be indi- cated. At the time the Council adopts the official development plan, it shall indicate whether it will accept, conditionally accept or reject all offers of dedication of development rights. Letters indicating acceptance of any appropriate dedications by other governmental agencies shall also be presented to the Coun- cil at this time; or 2. Continue the public hearing to a date certain and refer the petition and proposed development plan to the Commission with recommendations as to amending said petition and proposed devel- opment plan to be consistent with the requirements and intent of this Article; or 3. Disapprove the petition and proposed development plan and abandon proceedings thereon. SEC. 23.17: FILING OF OFFICIA DEVELOPMENT PLAN Certified copies of the official development plan shall be filed by the Planning Director in the office of the Town Clerk of the Town and the Secretary of the Planning Commission. SEC, 2,3. 18: RECORDING OF NOTICE OF OFFICIAL DEVELOPMENT PLAN The owners of the property rezoned a PD zone shall sign, as grantors, notice that the official development plan constitutes the zoning for the property. Such notice shall contain a legal description of the property, refer to the certified copy of the official development plan filed in the office of the Town Clerk of the Town of Los Gatos, and be acknowledged. The notice shall be recorded at the direction of the Town Attorney in the office of the Santa Clara County Recorder. SEC. 23.19: RELATIONSHIP OF PD PROCEDU TO OTHER ORDINANCES Compliance with the provisions of this article does not relieve the applicant from compliance with the Subdivision Ordinance or any other applicable ordinances of the Town. Subdivision maps, when applicable, shall be processed concurrently with the proposed development plan required under this article. SEC. 23.20: PROCEDURE E PRIOR TO ISSUANCE OF BUILDING PERMIT No building permit shall be issued for any building, structure or use which does not conform to the official development plan. SEC. 23.21: DEDICATION PRIOR TO ISSUA OF FIRST BUI LDING PERMIT To assure that open space shall be available for the entire developed PD zone, public sites and development rights to required open spaces shall be dedicated in advance of development. in any event, whether a subdivision map is required or not, dedication of public sites and development rights to required open spaces - for the entire PD zone or any stage thereof shall be made before the first building permit is issued. Other dedications may be required before the issuance of the first building permit. SEC. 23.22: NECESSIT FOR BUILDIN PERMIT No work, including site grading or rough grading of streets, or tree or brush removal, other than that necessary for surveying, shall be com- menced prior to the issuance of the first building permit. SEC, 23 23: COMP LIANCE WITH OFFICI DEVELOPMENT PLAN Prior to the issuance of a building permit, Site and Architectural Approval shall be secured as provided in this ordinance. The Commission shall grant Site and Architectural Approval only if the plans conform to the official development plan. I S 23,24 PROCEDUR AFTER ADOPTION OF THE OFFICIAL DEVE LOPMENT PLAN 1. Minor changes in the adopted official development plan may be approved by the Site and Architectural Committee, provided that such changes: a. Do not change the boundaries of the subject property. b. Do not change any use as shown on the official development plan. c. Do not change the location or amounts of land devoted to specified land uses on the official development plan. d. Do not change the intent of the official development plan. e. Do not alter the spirit of the architectural design as originally approved. 2. Major changes in the official development plan after it has been adopted by the Council shall be considered the same as if a new petition were filed and shall be made in accordance with the re- quirements of this article. SEC 23.25: INSPECTION OF PROGRE AND COMPLIANCE WITH PLANS From time to time, the Planning Director shall inspect the development for compliance with the official development plan and time schedule, and report his findings to the Commission. The Commission may review the PD 7,one and determine whether or not its continuation, in whole or in part, is in the public interest, and if found not to be, may Initiate proceedings in accordance with this ordinance to remove the PD Zone from said property, or any part thereof. SEC, L-3- 26: AUTOMATIC ZONING REVIEW if, after twelve (12) months from final action approving zone reclassi- fication to PD (Planned Development), the land has not been put to the use for which reclassification was requested, the Commission may hold a public hearing to consider reclassification of said property. The Commission may, upon application or upon its own motion, grant reason- able extensions to the foregoing time limitation. This Ordinance is adopted after public hearings before the Town Planning Commission and the Town Council in accordance with the provisions of Article 31 of Ordinance 867, The Town Clerk shall attest to the adoption of this ordinance. This ordinance shall be published once in the Los Gatos Times- Saratoga Observer, a newspaper of general circulation, printed and published in the Town of Los Gatos, within fifteen (15) days of its final passage and this ordinance shall take effect thirty (30) days following its final passage, 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 3;th day of'SA p�tembgr,1968, and was thereafter on the 16th day of September, 1968, duly and regularly adopted by the following vote: AYES COUNCILMEN Seymour J, Abrahams Charles E. DePreitas Egon Jensen Roland H. Per John D. Michaelsen NOES: COUNCILMEN None ABSENT: COUNCILMEN None 1 V - - MAY OR f ATT$ST: C TOWN C LE R ��