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Ord 2211 - Planned Development Application PD-12-002. Project Location: 626 W. Parr Avenue (AKA 612 W. Parr Avenue) Property Owner: Villa Vasona Ltd. Applicant: Highland Property Development. APN: 406-28-034ORDINANCE 2211 ORDINANCE OF THE TOWN OF LOS GATOS MODIFYING ORDINANCE 1698 AND AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE FROM R- 1:8:PD TO R- 1:8:PD FOR PROPERTY AT 626 W. PARR AVENUE (AKA 612 W. PARR AVENUE) (APN 406 -28 -034) THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I The Town Code of the Town of Los Gatos is hereby amended to modify Ordinance 1698 and to change the zoning on property at 626 W. Parr Avenue (AKA 612 W. Parr Avenue) (Santa Clara County Assessor Parcel Numbers 406 -28 -034) as shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from R- 1:8:PD (Single Family Residential, Planned Development) to R- 1:8:PD (Single Family Residential, Planned Development). SECTION II The PD (Planned Development Overlay) zone established by this Ordinance authorizes the following: 1. One hundred and seven (107) apartments to be used by senior citizens, including ten (10) units designed for the physically handicapped. 2. Landscaping, parking, and other site improvements shown and required on the Official Development Plan for Ordinance 1698. 3. Uses permitted are those specified in the underlying R -1:8 (Single Family Residential) zone by Sections 29.40.385 (Permitted Uses) and 29.20.185 (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, subject to any restrictions or other requirements specified elsewhere in this ordinance including, but not limited to, the Official Development Plan. However, no use listed in Section 29.20.185 is allowed unless specifically authorized by this Ordinance, or by Conditional Use Permit. Page 1 of 4 SECTION III COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS All provisions of the Town Code apply, except when the Official Development Plan specifically shows otherwise. SECTION IV Architecture and Site approval is required before construction and site improvement construction work is performed, whether or not a permit is required for the work and before any permit for construction is issued. Construction permits shall only be in a manner complying with Section 29.80.130 of the Town Code. SECTION V The attached Exhibit A (Map), and Exhibits B -I (Official Development Plans) of Ordinance 1698, are part of the Official Development Plan. The following conditions must be complied with before issuance of any grading, or construction permits: TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1. APPROVAL: This application has been completed in accordance with all of the conditions of approval listed below and in substantial compliance with the plans approved and noted as Official Development Plans of Ordinance 1698. Any changes or modifications made to the approved plans shall be approved by the Director of Community Development, Development Review Committee, Planning Commission or the Town Council, depending on the scope of the change(s). 2. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and hold harmless the Town and its officials in any action brought by a third party to overturn, set aside, or void the permit or entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval, and may be secured to the satisfaction of the Town Attorney. Page 2 of 4 3. AFFORDABILITY: The one hundred and seven (107) apartments are to be used by senior citizens, including ten (10) units designed for the physically handicapped and shall be rented to individuals who have income at or below sixty percent (60 %) of the median income for Santa Clara County. 4. SUBORDINATE AGREEMENTS: The following Agreements are in place and contain additional regulations and /or requirements: • Regulatory Agreement and Declaration of Restrictive Covenants • Property Disposition Agreement • Ground Lease and Memorandum of Ground Lease • Termination of Agreement for Disposition of Property These Agreements may be modified in the future by the Town Council. Page 3 of 4 SECTION VI This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on November 5, 2012, and adopted by the following vote as an ordinance of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on November 19, 2012, and becomes effective on the later of (i) the date of recordation of the Memorandum of Ground Lease and the Regulatory Agreement or (ii) 30 days after it is adopted. COUNCIL MEMBERS: AYES: Steven Leonardis, Diane McNutt, Joe Pirzynski, Barbara Spector, and Mayor Steve Rice NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: (2 CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Page 4 of 4 LUCOT WY z KNOWLES D -R Coll r a 5 co 400 Los Gat ®s - Boulevard TOWN OF LOS GATOS Application No. PD -12 -002 A.P.N. #406 -28 -034 " Change of zoning map amending the Town Zoning Ordinance. ® Zone Change From: R- 1.8 :PD To: R1 :8:PD Approved by Town Council Date: Ord: Clerk Administrator Mayor MIazT A