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Ord 0799-ADDING SECTIONS 35.00 THROUGH AND INCLUDING 35. TO ORDINANCE NO, 392 OF THE TOWN OF LOS GATOS KNOWN AS THE "ZONING ORDINANCE OF THE TOWN OF LOS GATOSORDINANCE No. 799 AN ORDINANCE ADDING SECTIONS 35.00 THROUGH AND INCLUDING 35. TO ORD: NANCE NO, 392 OF THE TOWN OF LOS GATOS, KNOWN AS THE "ZONING ORDINANCE OF THE TOWN OF LOS GATOS", WHICH WILL ESTABLISH A NEW ZONING DISTRICT IN THE TOWN., THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: Section 1. Sections 35.00 through 35.09.3 are added to "Zoning Ordinance of the Town of Los Gatos ", to read as follows: SECTION 35.00 "RPD" RESIDENTIAL PLANNED DEVELOPMENT DISTRICT SECTION 35.01 APPLICATION The regulations set forth in this Article shall apply in all RPD zoning districts. SECTION 35.02 INTENT The RPD District is intended to provide for greater flexibility in large - scale developments of residential and related uses; to encourage variety in the development pattern of the community; to promote a more desirable living environment; to encourage developers to use a more creative approach in land development; to provide a means of reducing the amount of improvements required in development through better design and land planning; to conserve natural features; and to facilitate the provision of more desirable, aesthetic, and efficient use of open space. The creation of public or private common open spaces is encouraged. Residential planned development contemplates flexibility and variety in the location of dwelling units on the lot, and diversity in lot sizes and dwelling types. SECTION 35.03 ADOPTION OF RPD DISTRICTS Any property may be zoned an RPD District in accordance with Section 22.00 provided the Town Council at the same time adopts an Official Development Plan for such property in accordance with Section 35.06.6 in which case the Official Development Plan shall become the zoning for the property, and provided that such property: a. is not less than five (5) contiguous acres. z SECTION 35.04 USES PERMITTED The following uses shall be permitted in the RPD District when they are shown on the Official Development Plan adopted by the Town Council. SECTION 35.04.1 One family attached and detached dwellings, two family attached and detached dwellings, and multiple family dwellings. SECTION 35.04.2 Accessory buildings and accessory uses. SECTION 35.04.3 Public Parks and playgrounds. SECTION 35.04.4 Common public and private open spaces. SECTION 35.04.5 Hiking and riding trails. r I r SECTION 35.04.6 s: = i; piaygr ( aunds ; community center, or other recreation fdci1ity owned and operated by a nan- profit organisation: SECTION 35.04.7 Private non - commercial clubs such as golf, swimming, tennis and country clubs. SECTION 35.04.8 Libraries, churches, public buildings, and educational, charitable and philanthropic institutions, public utility and service uses. SECTION 35.04.9 Neighborhood commercial uses of the C -i District, limited to those listed permitted uses in said C -1 Zone District. SECTION 35.05 STANDARDS The following requirements shall govern the preparation and approval of the Official Development Plan and shall apply in all RPD Districts. SECTION 35.05.1 PUBLIC IMPROVEMENTS The development shall not impose an undue burden on the public for improvements necessary for the development as determined by the Planning Commission. The development may be required to be done in stages if public facilities: ll not be adequate to serve the development. SECTION 35.05.2 COMPATIBLE WITH THE NEIGHBORHOOD The plan shall preserve a unified and organized arrangement of building and service facilities and improvements to insure compatibility with the neighborhood. SECTION 35.05.3 COVERAGE Buildings, structures, accessory buildings, accessory structures, and parking structures shall not cover a total of more than 35 percent of the area of a Residential Planned Development. SECTION 35.05.4 DENSITY Density shall mean the number of dwelling units permitted per net acre and shall conform with the General Plan for the area. The maximum density shall be based on net land area remaining after deducting public streets, schools, flood control channels and the like, and areas used for commercial purposes. SECTION 35.05.5 OPEN SPACE Open space is generally the land area to be used for scenic landscaping or recreational purposes within the Planned Residential District. a. Open space includes; 1. Land area of the site not covered by buildings, parking structures, ­or accessory structures except recreational structures. 2. Land which is accessible and available to all occupants of dwelling units for whose use the space is intended. - 2 b. Open space doe not include: 1. Proposed street rights -of -ways. 2. Open parking areas and driveways for the dwellings. 3. School sites. 4. Commercial areas, and the building, accessory buildings, parking and loading facilities therefor. 5. Unsuitable land that cannot be used as scenic landscaping for recreational area as determined by the Planning Commission. SECTION 35.05.6 ACCEPTABILITY OF OPEN SPACE Standards for required open space shall be adopted by Resolution of the Planning Commission. Such standards shall require open space which will be adequate for the recreational and leisure use of the population that will occupy the RPD District and which will enhance the present or potential value of abutting or surrounding development. insofar as possible, the Commission shall assure that natural features of the land are preserved and landscaping is provided. In order to assure that open space will be permanent, dedication of development rights to the Town of Los Gatos may be required. Provisions for maintenance of open space shall be reviewed and approved by the Planning Commission. Documents dedicating development rights and provisions for maintenance of open space shall be reviewed as to form by the Town Attorney. SECTION 35.05.7 PUBLIC SITES The applicant may dedicate suitable open space that is to be maintained by a public agency. This includes public parks, playgrounds, trails, or other public building sites. The applicant may be required to reserve sites for schools which are adequate to serve the Residential Planned Development. School sites as required shall be determined by the local School District and said school site shall not be considered as part of the 45% open space requirement. SECTION 35.05.8 COMMERCIAL DEVELOPMENTS If commercial development Is to be included, it must be demonstrated that it is needed at the proposed location; that traffic congestion shall not be created by the proposed commercial development; that provision be made for internal traffic and parking, and that development shall be attractive, efficient and fit harmoniously into the neighborhood. Standards for commercial development shall be adopted by Resolution of the Planning Commission. SECTION 35.05.9 PERIPHERAL. YARDS Along the periphery of an RPD District a yard at least as deep as that required by the front yard regulations of each district adjoining the periphery shall be provided on the portion of the periphery facing each such adjoining district unless the Planning Commission determines that equal protection will be accorded contiguous properties in varying the yard requirements. SECTION 35.05.10 LIGHT AND AIR ORIENTATION AND DESIGN The walls of multi- family dwellings containing main window exposures or main entrances shall be so oriented and so designed as to insure adequate light and air in accordance with accepted public health and architectural standards; avoid undue exposure to the effects of traffic, loading and parking facilities; and preserve visual and auditory privacy between buildings and uses. -* 3" SECTION 35.05.11 TRAFFIC CONGESTION The proposed RPD District shall be so located with regard to major thoroughfares and uses outside the District that traffic congestion will not be created by the proposed development. SECTION 35,05.12 CIRCULATION There shall be adequate vehicular and pedestrian circulation facilities which shall be designed and arranged for safe and convenient use in accordance with accepted site planning standards. SECTION 35.05.13 PARKING AND LOADING SPACE REQUIREMENTS The amount of space required for off - street parking and loading shall be based on parking and loading standards adopted by Resolution of the Planning Commission. SECTION 35.05.14 WASTE DISPOSAL FACILITIES There shall be satisfactory design and location of collection points for disposal of solid wastes. SECTION 35.05.15 LIGHTING Adequate lighting shall be provided. SECTION 35.05.16 UNDERGROUND UTILITIES The Planning Commission may require that all utilities must be underground. SECTION 35.06 PROCEDURE FOR ADOPTION OF OFFICIAL DEVELOPMENT PLAN SECTION 35.06.1 PETITION AND PRELIMINARY DEVELOPMENT PLAN The property owner shall file a petition as prescribed in Section 22.00 and in addition shall file the following: a. A Preliminary Development Plan, which may a sketch map drawn to scale, for the proposed Residential Planned Development showing: 1.. A land use plan for the proposed district showing the uses permitted in Section 35.0 If neighborhood serving commercial or professional office uses are proposed within the district, there shall be submitted with the Preliminary Development Plan a market analysis demonstrating the need for such commercial and professional office uses within the district in the types, amounts, and locations proposed. 2. Any areas proposed to be dedicated or reserved for interior circulation, public parks, playgrounds, school sites, public buildings, or otherwise dedicated or reserved, and open spaces to which development rights are proposed to be dedicated to the public. 3. A general circulation plan indicating the proposed movement and relative volumes of vehicles, goods, and pedestrians within the district, and to and from adjacent public thoroughfares. 4. The stages to be built in progression, if any. 5. The land ownership. M li . b. A time schedule for development including stage construction, if any. c. Tables showing the total number of acres and their distribution by use, the percentage designated for each dwelling type and for non-residential uses, including off-street parking, streets, parks, playgrounds, schools, and open spaces as shown on the Preliminary Development Plan. d. Tables showing the over -all density of proposed residential development, showing density by dwelling types. e. Written consent of all persons owning an interest in the property.. f. Such other information as the Planning Commission may require. SECTION 35.06.2 ARCHITECTURAL AND SITE APPROVAL COMMITTEE REPORT Immediately after a petition requesting an RPD district has been submitted, the Architectural and Site Approval Committee shall review said petition and Preliminary Development Plan and shall then prepare a written report to accompany the petition to the Planning Commission at the Public Hearing. The Architectural and Site Approval Committee report shall contain a report from the Planning Department staff which shall include at least the following; a. A map showing the existing zoning of the subject property and the adjoining properties regardless of jurisdiction. b. A relatively current existing land use map of the area within 1000 feet of the subject property. c. Comments which may be illustrated with drawings or maps as to whether the proposal generally conforms to the adopted General Plan or interim General Plan if such is the case. This includes comments regarding the effect of this proposal on the circulation density, and land use elements of the General Plan. d. General design comments. e. Any comments deemed appropriate by the staff. f.. Any illustrative drawings, maps, or plans deemed appropriate by the staff. SECTION 35.06.3 PUBLIC HEARING BEFORE PLANNING COMMISSION At the time and place set for the public hearin3 u�� =ore the Planning Commission on the reclassification of said property to an RPD District, the Planning Commission shall consider the Architectural and Site Approval Committee report, density and Preliminary Development Plan for compliance with the requirements of this article, and shall either: a. Disapprove the petition and abandon proceedings thereon; or b. Continue the public hearing to a date certain and refer the petition to.the Architectural and Site Approval Committee and petitioner with the instructions to 'prepare a Proposed Development Plan. The Commission shall determine the uses to be permitted, the amount, types, and location of such uses, and the maximum permitted number of dwelling units per acre: - 5 - SECTION 35.06.4 PROPOSED DEVELOPMENT PLAN A tentative subdivision map may be filed as p'rescribed.i,n the Town of Los Gatos Subdivision Ordinance and made a part of the Proposed Development Plan. The Proposed Development Plan shall include the following, together with appropriate dimensions: a. Identification and description. 1. Proposed name 2. Location by legal description. 3. Names and addresses of applicant and designer who made the plan. 4. Scale of plan, preferably W to 100 5. Date. 6. Northpoint. b. Existing conditions. 1. Contours at an interval to be specified by the Architectural and Site Approval Committee. 2. Boundary line of proposed planned development, indicated by a solid line, and the total acreage therein. 3. 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 buildings and structures and their use, permanent easements and city boundaries within 500 feet of the development. 4. Existing sewers, water mains, culverts, and other underground facilities within the development indicating pipe sizes, grades, manholes, and their exact locations. 5. The land ownership. c. Proposed conditions LAND USE. 1. A land use plan indicating the uses permitted in Section 35.04. 2. Any areas proposed to be dedicated or reserved for interior circulation, public parks, playgrounds, school sites, public building, or otherwise dedicated or reserved to the public. 3. Open space that is to be maintained and controlled by the owners of the property and their successors in interest, but is to be available for the recreational and leisure use of the occupants of the Residential Planned Development District; development rights to such open space shall be dedicated to the Town of Los Gatos. 4. Contours as they will be after development. 5. Drainage system and sanitary sewers. - 6 - CIRCULATION 6. A street system and lot design with appropriate dimensions. A traffic flow map showing circulation patterns within and adjacent to the proposed development. Any special engineering features and traffic regulation devices needed to facilitate or insure the safety of the circulation pattern shall be shown. 8. Location and dimensions of pedestrian walkways, malls, or other trails. PARKING AND LOADiNG 9. Location, arrangement, number and dimensions of automobile garages and parking spaces, width of aisles, width of bays, and angle of parking. 10. Location arrangement, and dimensions of truck loading spaces and docks. ARCHITECTURAL PLANS li. Types of buildings and their site location. 12. Preliminary architectural plans and elevations of typical buildings and structures, indicating the general height, bulk, general appearance, and number of dwelling units. Perspective drawings of the development may be required. LANDSCAPING 13. A preliminary tree planting and landscaping plan, including ground cover, finiwhed grades, slopes, banks, and ditches. All existing trees over 12 inches in diameter and groves of trees where trees are concentrated shall be shown. Trees to be removed by development shall be so marked. 14. The approximate location, height, and materials of all walls, fences, and screen planting. MISCELLANEOUS 15. Tables showing the total number of acres and their distribution by use, the percentage designated for each dwelling type and for nonresidential uses, including off - street parking, streets, parks, playgrounds, schools and open spaces as shown on the Proposed Development Plan. 16. Tables showing the over -all density of the proposed residential development and showing density by dwelling types. 17. 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 development rights. - 7 - 18. For purposes of information, a time schedule indicating when construction is to begin,. the anticipated rate of development, and the approximate completion date. 19.. For purposes of information, the stages, if any, to be constructed in the development of the Residential Planned Development. Such stages shall be clearly indicated on the Proposed 'Development Plan. 20. Written consent of all persons owning an interest in said property. 21. Such other information as the Planning Commission may require. SECTION 35.06.5 CONTINUED PUBLIC HEARING BEFORE PLANNING COMMISSION At the time and place set for the continued public hearing before the Planning Commission, said Commission shall consider the petition, the Proposed Development Plan, tentative subdivision map, if any, density, and any other information available and shall either: a. Approve the petition and the Proposed Development Plan as being in compliance with the requirements and intent of this Article and refer the petition and Proposed Development Plan to the Town Council with its recommendation that the RPD District be established on said property; or b. Continue the public hearing to a date certain and refer the petition and Proposed Development Plan back to the Architectural and Site Approval Committee and the petitioner with recommendations as to amending the petition and Proposed Development Plan to be consistent with the requirements and intent of this Article; or thereon. c. Disapprove the petition and the development plan and abandon proceedings SECTION 35.06.6 ACTION BY THE TOWN COUNCIL At the time and place set for public hearings on the change in zoning to an RPD District before the Town Council, the Council shall consider the Proposed Development Plan recommended by the Planning Commission for compliance with the requirements and intent of this Article, and shall either: a. Adopt and ordinance rezoning the property as an RPD District and adopt the Proposed Development Plan as the Official Development Plan. The total number of permitted dwelling units shall be calculated by multiplying the permitted number of dwelling units per acre times the area of the RPD District excluding the area of existing and proposed street rights of way, commercial area, off- street parking and loading areas therefor, school sites, and other land unsuitable for development. Density shall conform to General Plan density of area. At the time the Town 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 Council at this time; or b. Continue the public hearing to a date certain and refer the petition and Proposed Development Plan to the Planning Commission and petitioner with recommendations as to amending said petition and Proposed Development Plan to be consistent with the requirements and intent of this Article; or - 8 w c. Disapprove the petition and Proposed Development Plan and abandon proceedings thereon. SECTION 35.06.7 FILING OF OFFICIAL DEVELOPMENT PLAN Certified copies of the Official Development Plan shall be filed in the offices of the Clerk of the Town of Los Gatos and the Secretary of the Planning Commission. SECTION 35.06.8 RECORDING OF NOTICE OF OFFICIAL DEVELOPMENT PLAN The owners of the property rezoned as RPD District 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 Clerk of the Town of Los Gatos and be acknowledged, The notice shall be recorded in the Office of the County Recorder. SECTION 35.07 FINAL SUBDIVISION MAP No building permit shall be issued until a final subdivision map, if required, has been prepared for the entire RPD District or any approved stage thereof and approved by the Town Council in compliance with the Town of Los Gatos Subdivision Ordinance. SECTION 35.07.1 DEDICATION AND IMPROVEMENTS At the time the Town Council adopts the Final Subdivision map, it shad accept, conditionally accept, or reject all offers of dedication, documents required, determine improvements to be installed, and accept agreements and bonds for their installation. SECTION 35.07.2 RELATIONSHIP OF RPD PROCEDURES TO OTHER ORDIUANCES 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 of Los Gatos. Subdivision maps for the same property may be processed concurrently with the maps required under this Article. SECTION 35.08 PROCEDURE 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. SECTION 35.08.1 DEDICATION PRIOR TO ISSUANCE OF FIRST BUILDING PERMIT To assure that open space shall be available for the entire developed RPD District, 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 RPD District shall be made before the first building permit is issued. Other dedications may be required before the issuance of the first building permit. SECTION 35.08.2 No work, including site grading or rough grading of streets or tree or brush removal other than that necessary for surveying, shall be commenced prior to the issuance of said permit. SECTION 35.08.3 COMPLIANCE WITH OFFICIAL DEVELOPMENT PLAN Prior to the issuance of a building permit, architectural and site approval shall be secured as provided in Section 14 of Ordinance No. 392. In addition to the requirements of Section 14, the Commission shall grant architectural and site approval only if the plans conform to the Official Development Plan. SECTION 35.09 PROCEDURE AFTER ADOPTION OF THE OFFICIAL DEVELOPMENT PLAN SECTION 35.09.1 MINOR CHANGES IN OFFICIAL. DEVELOPMENT PLAN Minor changes in the adopted Official Development Plan may be approved by the Architectural and Site Approval Committee, provided that such changes: 1. Do not change the densities established by the ordinance. 2. Do not change the boundaries of the subject property. 3. Do not change any use as shown on the Official Development Plan. 4. Do not change the location or amounts of land devoted to specified land uses on the Official Development Plan. 5. Do not change the intent of the development plan as approved by the Town Council. 6. Do not alter the spirit of the architectural. design as originally approved. SECTION 35.09.2 MAJOR CHANGES IN OFFICIAL DEVELOPMENT PLAN Changes in the plan after it has been adopted by the Town Council shall be considered the same as if a new petition were filed and shall be made in accordance with the requirements of this Section. SECTION 35.09.3 INSPECTION OF PROGRESS 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 Panning Commission. The Planning Commission may review the RPD District and determine whether or not its continuation in whole or part is in the public interest, and if found not to be may initiate proceedings under Section 22.00 to remove the RPD District from said property or any part thereof. Section 2. This Ordinance shall take effect and be in force thirty (30) days from and after date of its passage and before the expiration of fifteen (15) days after its passage it shall be published once with the names of the members voting for and against the same in the Los Gatos Times- Saratoga Observer, a newspaper published in the Town of Los Gatos. Introduced at a regular meeting of the Town Council of the Town of Los Gatos, State of California, held on the 7� day of December 19 . PASSED AND ADOPTED AS AN ORDINANCE OF THE TOWN OF LOS GATOS CALIFORNIA, AT ��REGULAR MEETING OF THE TOWN COUNCIL THEREOF, held on the ��.14th day of U 19�, by the following vote: - 10 - AYES: COUNCILMEN: Alberto E. Merr ill, Joe Whelan Henry C. Cral.l NOES: COUNCILMEN: N o n e ABSENT: COUNCILMEN: Ego Jensen Joh Linc VICE -MAYOR HE TOWN OF LOS GATOS ATTEST: a f a CLCL 6 OF THE ! OW ?F LOSSGGATOS