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Ord 1534-AMENDING THE ZONING ORDINANCE AFFECTING ZONE CHANGE NO. Z-81-12 FROM R-1:40 TO R-1:20 AND 0-PDORDINANCE NO. 1534 AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE AFFECTING ZONE CHANGE NO. Z -81 -12 FROM R -1:40 TO R -1:20 AND 0 -PD SECTION I The Zoning Ordinance of the Town of Los Gatos is hereby amended to change the zoning on property addressed as 17220 (Parcel B) and 17250 (Parcel A) Pine Avenue (known as the Kelley and Brunetto properties) shown on the map which is attached hereto marked Exhibit A and is a part of this ordinance, from R -1:40 (Single Family Residential, 40,000 square foot minimum lot size) to R -1:20 (Single Family Residential, 20,000 square foot minimum lot size) and also change the zoning on property known as the Tang and San Jose Water Works properties (Parcel C) located at the terminus of Alberto Way shown on the map which is attached hereto marked Exhibit A and is a part of this ordinance, from R -1:40 (Single Family Residential, 40,000 square foot minimum lot size) to O -PD (Office - Planned Development). SECTION II The PD (Planned Development Overlay) zone established by this Ordinance applies to Parcel C and authorizes the following construction and use of improvements: 1. Construction of two, two -story buildings each containing 30 office condominium units. 2. Landscaping, parking and other improvements shown and required on the Official Development Plan. 3. Uses permitted are those specified in the 0 (Office) zone by Section 4.52.020 (Permitted Uses) except for high traffic generating office uses, including but not limited to real estate, medical and dental; and 4.52.030 (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 4.52.030 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 provisions of Chapter 4.40 of the Zoning Ordinance apply except when the Official Development Plan specifically shows otherwise. SECTION IV Architecture and Site Approval is required before any grading or construction work is performed, whether or not a permit is required for the work, and before any permit for grading or construction is issued. Grading or construction permits shall only be used in a manner complying with Section 4.82.120 of the Zoning Ordinance. SECTION V OFFICIAL DEVELOPMENT PLAN In addition to Exhibit A (Zone Change Map), the attached Exhibit B (Site Plan), Exhibits C -D (Floor Plans), Exhibit E (Elevations), Exhibit F (Sections), Exhibits G -H (Landscape Plans), Exhibit I (Building Layout Plan), Exhibit J (Preliminary Grading, Drainage and Sewer Plans) are part of the Official Development Plan. The following performance standards are part of the Official Development Plan and must be complied with before issuance of any grading or construction permits: 1. The existing 6 -foot diameter well to be capped shall be done to the standards of the Santa Clara County Health Department and Santa Clara Valley Water District. 2. Guarantee, by contract and bond, the following improvements to the satisfaction of the Town Engineer: a. Alberto Way frontage curb and gutter at the project site entrance. b. Storm drain and sanitary sewers as required, including off -site storm and sanitary facilities within State right -of -way. 3. The applicant shall provide final grading, drainage, traffic circulation and lighting plans, to the satisfaction of the Town Engineer. 4. The adjacent Kelley and Brunetto properties (Parcels A and B) shall be connected to the sanitary sewer system with the development of Phase I. 5. Prior to any building permits being issued, the applicant shall meet with the Superintendent of Parks and Forestry concerning the need for protective fencing around existing trees. A plan for such protective fencing demonstrating type and location shall be submitted to the Planning Director after being approved by the Superintendent of Parks and Forestry. Such fencing is to be installed prior to issuance of the building permits and be maintained during construction. - 2 - 6. The masonry wall along the exterior property lines must be textured on both sides. The type of chain link fencing proposed will be subject to appoval during the Architecture and Site process. 7. The owners of the Alberto Oaks and Los Gatos Commons shall enter into a joint maintenance agreement for the emergency access road to Bella Vista Avenue, including express provision for enforcement by the Town. 8. There shall be a deed restrictions recorded on the property, drafted to the satisfaction of the Town Attorney and Planning Director, to prohibit high traffic generating office uses in the Alberto Oaks project, including but not limited to real estate, medical and dental. 9. A 5 foot -wide easement, extending no more than 30 feet into parcels A or B, shall be recorded for the purposes of installing and maintaining a fire hydrant. SECTION VI RESTRICTIONS ON PARCELS A AND B 1. There shall be no further subdivision of Parcels A or B after the recordation of the subdivision map shown on Exhibit J. 2. There shall be a deed restriction recorded on Parcels A and B, drafted to the satisfaction of the Town Attorney and Planning Director, to prohibit future subdivision of each parcel. 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. - 3 - continued This ordinance was introduced at a /regular meeting of the Town Council of the Town of Los Gatos on April 20th , 19 82 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council on May 3rd , 19 82 AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferritc, MarLyn J. Rasmussen, Brent N. Ventura and Peter W. Siemens NOES: COUNCIL MEMBERS None ABSTAIN ABSENT: ATTEST: CLERK, TOWN OF LOS GATOS COUNCIL MEMBERS, COUNCIL MEN SIGNED None= MAYOR, TOWN OF LOS GATOS 7y3, p BO V S2.SA 9 'L X11 << m 0121) G. 2.5 , O N 7.2 / ` a Application No. z -51-i2 Change of zoning map Amending Town Zoning Ordinance ZZone Change from IZ-140 '000 to Zo }000 o 0 Prezoning to Approved by Planning Commission date 3/17/82 Approved by T-owp Coun it date May 3 19 1534 Town Clerk Mayor