8 - Attachment 2aORDINANCE - - -{ Field Code Changed
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING ORDINANCE NO. 2060
AT 15055 AND 15075 LOS GATOS BOULEVARD (APN: 424-07-096)
TO ALLOW COMMERCIAL CONDOMINIUMS AND MODIFY PERMITTED USES
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Uses and Improvements Authorized
The uses authorized by Ordinance 2060 are hereby amended to permit:
1. Eleven commercial condominiums;
2. Two commercial buildings consisting of at least 87903,326 square feet of
retai-lnon-medical office uses, those uses specified in the underlying CH
(Restricted Highway Commercial) zone by Sections 29.60.420 of the Town Code
(Permitted Uses), and those uses specified 29.20.185 of the Town Code
(Conditional Uses), 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; and
3. Ordinance No 2060 is still valid in conjunction with the amendments made by this
ordinance.
SECTION II
Official Development Plan
Performance Standards of Ordinance No. 2060 are hereby amended to incorporate
commercial condominiums and modify permitted uses. All other performance standards in
Ordinance 2060 are still valid. The following Performance Standards must be complied with
before any issuance of tenant improvement or Certificate of Use and Occupancy permits:
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
(Planning Division)
1. TENTATIVE MAP. A separate subdivision application shall be required for the
condominiums. The Development Review Committee may be the deciding body of the
tentative map.
2. RETAIL NON-MEEDICAL OFFICE USE. A minimum of 5,0243.326 square feet -in -the
seuth-buildifIg-aad-3479-SqUar-e-feet-irt-the-nerth-building-shall be dedicated to retail -non-
medical office use.Retail-Non-medical office use may include a restaurant use provided
a Conditional Use Permit is approved. Temporary exception for the north building is
approved and regulated pursuant to Resolution 2001-39.
3. DEED RESTRICTION FOR RETAIL NON -MEDICAL OFFICE USE SPACE. Prior to
the recordation of the map the applicant shall designate the condominium unit (or units)
that satisfies (or satisfy) the non -medical office use requirement above. Simultaneously
with recordation of the map, and prior to the issue of any tenant improvement permits or
Certificate of Use and Occupancy permits, deed restrictions shall be prepared by the
2
Town and recorded by the property owner, at the applicant's expense, with the Santa
Clara County Recorder's office, spe ing--specifically designating the retail
condominium unit (or units) that satisfies (or satisfy) the non -medical office use
requirements noted above in the Retail -Non -medical Office Use performance standard.
4. SIGN PERMIT. A Sign Permit from the Los Gatos Community Development
Department must be obtained prior to any changes to existing signs or installation of new
signs.
5. CERTIFICATE OF USE AND OCCUPANCY. A Certificate of Use and Occupancy
from the Los Gatos Community Development Department must be obtained prior to any
new or change of use.
6. BUSINESS LICENSE. A business license from the Town of Los Gatos Finance
Department must be obtained prior to the commencement of any new or change of use.
7. COMMUNITY BENEFIT. The applicant has offered the following community benefit
to offset traffic impacts created by the proposed project: $10,000 to be used for Oak
Meadow Park. The community benefit shall be submitted to the Town prior to final
occupancy.
(Building Division)
8. PERMITS REQUIRED. If any tenant improvement work is necessary, a building permit
shall be required. Separate permits are required for electrical, mechanical, and plumbing
work as necessary.
9. PERFORMANCE STANDARDS. The Performance Standards must be blue -lined in full
on the cover sheet of the construction plans. A Compliance Memorandum shall be
3