Ord 1520-ZONING ORDINANCE AFFECTING ZONE CHANGE NO. 56 FROM R-1:20,000 TO R-1 20,000-PDORDINANCE NO. 1520
AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING
THE ZONING ORDINANCE AFFECTING ZONE CHANGE
NO. 56 FROM R- 1:20,000 to R- 1:20,000 -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 shown on the map which is attached hereto marked Exhibit A
and is a part of this ordinance, from R- 1:20,000 (Single Family Residential,
20,000 square foot minimum lot size) to R- 1:2b,000 -PD (Single Family Residential,
20,000 square foot minimum lot size - Planned Development), 8.77 net acres of
property located near the southeast corner of Pollard Road and Quito Road.
SECTION II.
The PD (Planned Development Overlay) zone established by this ordinance authorizes
the following construction and use of improvements:
1. Forty (40), two -story dwelling units including four (4) Below Market Price
Units, for eventual sale as planned development units (as defined in the
Business and Professions Code Section 11003) and one existing dwelling
unit.
2. Swimming pool with accessory structure as required to enclose pool
equipment and maintenance equipment. Pool shall be for the use of
residents and their guests only.
3. Landscaping, parking, and other improvements shown and required on the
Official Development Plan.
4. Uses permitted are those specified in the R -1 (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 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 provi-
sions of Chapter 4.10 of the Zoning Ordinance apply except when the Official
Development Plan specifically shows otherwise.
SECTION IV.
No construction permits shall issue in a manner not complying with the requirements
of Section 4.82.120 of the Zoning Ordinance.
SECTION V.
Official Development Plan
The Official Development Plan for this Planned Development Overlay Zone consists
of this ordinance and Exhibit B through L which are a part of this ordinance.
Building details as shown in Exhibits E, F, G and H are illustrative only.
Elevations may be modified to meet performance standards contained in Section VI
below or requirements at the time Architecture and Site Approvals are obtained.
SECTION V.
Official Development Plan
The Official Development Plan for this Planned Development Overlay Zone consists
of this ordinance and Exhibit B through L which are a part of this ordinance.
Building details as shown in Exhibits E, F, G and H are illustrative only.
Elevations may be modified to meet performance standards contained in Section VI
below or requirements at the time Architecture and Site Approvals are obtained.
SECTION VI.
Performance Standards
In addition to the foregoing exhibits, the following performance standards are part
of the Official Development Plan and must be complied with before issuance of
any grading or construction permits:
Right -of -way shall be dedicated, to the satisfaction of the Town Engineer
to provide:
a. A 30 -foot to 50 -foot half- street along the Pollard Road frontage.
b. Right -of -way for San Tomas Aquino Creek, as recommended by the
Santa Clara Valley Water District.
c. Slope and utility easements.
2. Guarantee, by contract and bond, the following improvements to the
satisfaction of the Town Engineer:
a. Pollard Road frontage, including curb, gutter, sidewalk, pavement,
street lighting, storm drain and sanitary sewer facilities, masonry
retaining walls, plus a narrow raised divider across the intersection
of the secondary access road and including other channelization and
striping improvements to provide for left -turn and acceleration lanes.
b. Interior street system (minimum 24 foot width) including concrete
curb, gutter, sidewalk, pavement, street lighting, storm and sanitary
sewers and masonry retaining walls.
c. Erosion control landscape restoration and other improvements for the
San Tomas Aquino Creek Channel.
3. The applicant shall pay an in -lieu fee for the future installation of half
the landscaped median along the Pollard Road frontage (east of the main
access road), to the satisfaction of the Town Engineer.
4. Provide grading, drainage, traffic circulation, masonry retaining wall,
street lighting, erosion control plans, to the satisfaction of the Town
Engineer.
5. The developer shall install two (2) hydrants that meet Central Fire Pro-
tection District's specifications. Hydrants shall be installed and accep-
ted prior to construction of any building(s). Submit two (2) sets of plans
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for hydrant locations. The development is within the service area of
San Jose Water Works; coordinate hydrant installation with that water
company. The developer is responsible for all hydrant and main instal-
lation costs.
6. As the hydrants will be on -site, the Central Fire Protection District
recommends that an easement be granted to make these public hydrants.
7. Property lines or walls adjoining units must be of a one (1) hour
construction, each side, with five foot (5') returns (roof) or provide
an automatic fire sprinkler system.
8. The required width of access roadways shall not be obstructed in any
manner, including gates or parking of vehicles. "No Parking" signs and /or
other appropriate notice prohibiting obstructions are required and shall be
maintained.
9. The BMP units shall be constructed as part of the first phase of the develop-
ment.
10. The swimming pool shall be equipped with active solar heating.
11. Reasonable minor modifications to the Official Development Plan to improve
passive solar heating and cooling are permitted without modification to
the Planned Development Ordinance. Units without solar access due to ex-
isting trees and hillside are exempt from this section.
12. The landscape plan shall incorporate features to preserve solar access.
13. The details of the solar aspects of the plan shall be included in the plans
submitted for architecture and site approval, Variations from the Official
Development Plan proposed by the applicant for the siting of the units
solely for the purpose of improving solar access may be allowed during the
architecture and site approval process.
14. The CC & Rs shall include provisions guaranteeing solar access that
presently exists.
15. The developer shall enter into a recorded agreement with the Santa Clara
Valley Water District and shall include in the CC & Rs satisfactory pro-
visions for perpetual maintenance of San Tomas Aquino Creek.
16. Except for those units that do not have adequate solar access, all units
shall contain an active solar heating system.
17. The applicant shall provide for a maintenance road on the bank opposite
the one being developed, to the satisfaction of the Santa Clara Water
District.
18. The 25 feet from top of the east bank should be dedicated in easement
form. Any improvements in this area would be subject to Santa Clara
Valley Water District review and issuance of a permit. The creek from
the top of the east bank to the westerly edge of the proposed District
access road should be dedicated in fee title.
19. The applicant shall convey to the Town of Los Gatos development rights
to that portion of the property under the same ownership and located west
of the creek and in the City of Saratoga. These development rights shall
be in perpetuity and shall convey the fee interest in the property to
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the Arroyo Rinconada Homeowners Association.
20. The developer shall insure that all the permanent open space indicated
in #19 above is maintained by the homeowners association in a natural
state with provision for garbage removal on same basis and measures to
reduce fire hazard as may be required by the appropriate fire service.
21. All documents and legal instruments relating to the completion of these
performance standards shall be submitted to the satisfaction of the Town
Attorney.
22. The plans submitted for Architecture and Site Approval shall include
provision for protective fencing to be placed along the creek and maintained
during the period of construction.
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.
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 5th day of
October , 1981.
PASSED AND ADOPTED as an ordinance of the Town of Los Gatos, California, at a
regular meeting of the Town Council held on the 26th day of
October 1981, by the following vote:
AYES: COUNCIL MEMBERS Ruth Cannon, Marlyn J. Rasmussen, Brent N.
Ventura and Peter W. Siemens
NOES: COUNCIL MEMBERS Thomas J. Ferrito
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMB
SIGNED:
ATTEST:
CLERK OF THE TOWN OF L?S GATOS
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Application No. - - 3A
Change of zoning map
Amending Town
Zoning Ordinance
Fv1 Zone Change from -i. �,o� to
❑ Prezoning
to
Approved by Planning Commission
date
Approved by Town Conn it date Oct. 26
198 - O d. 1520
Town Clerk Mayor
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