Ord 1953 - Amending Zoning Map from No 140 From RC to HR-1:PD for the Properyt located at 16221 Kennedy RoadORDINANCE 1953
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE ZONING MAP NO. 140 FROM RC TO HR -1:PD
FOR THE PROPERTY LOCATED AT 16221 KENNEDY ROAD
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
The Zoning Ordinance of the Town of Los Gatos is hereby amended to change the
zoning on property addressed as 16221 Kennedy Road shown on the map which is attached
hereto marked Exhibit A and is part of this Ordinance, from RC (Resource Conservation)
to HR -1:PD (Hillside Residential, 1 to 5 acres per dwelling unit - Planned Development).
SECTION II
The PD (Planned Development Overlay) zone established by this Ordinance
authorizes the following construction and use of improvements:
1. Demolition of an existing single - family residence and barn;
2. Construction of 15 detached single- family dwelling units;
3. Landscaping, trails and other improvements shown and required on the
Official Development Plan;
4. Uses permitted are those specified in the HR (Hillside Residential) zone by
Sections 29.40.235 (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. However, no use listed
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in Section 29.20.185 is allowed unless specifically authorized by this
Ordinance, or by Conditional Use Permit.
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 the construction work of the
dwelling units 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 Zoning Ordinance.
SECTION V
In addition to Exhibit A (Zone Change Vicinity Map), the attached Exhibit B
(Tentative Map and Development Plans, four sheets), are part of the Official Development
Plan. The following must be complied with before issuance of any grading, demolition or
construction permits:
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TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Section)
1. Should evidence of prehistoric cultural resources be uncovered during project
construction, work must be halted within a 50 -foot radius of the find and a qualified
archaeologist must be contacted to determine its significance.
2. A Tree Removal Permit shall be obtained prior to the issuance of a Building and /or
Grading Permit.
3. All construction vehicles and equipment shall be properly muffled.
4. All wood, metal, glass, and aluminum materials generated from the demolished
structure shall be deposited to a company which will recycle the materials. Receipts
from the company(s) accepting these materials, noting type and weight of material,
shall be submitted to the Town prior to the Town's demolition inspection.
5. Thirty days prior to demolition of the residence, an advertisement shall be put in a
newspaper of large circulation stating that the residence is for sale at a nominal price
to be moved off the property. A copy of this ad with publication date shall be
submitted to the Town prior to the issuance of the demolition permit.
6. During the Architecture and Site application process all new residences, to the extent
feasible, shall be designed to take full advantage of passive solar opportunities.
7. An in -lieu fee of building a Below Market Price unit shall be paid. The fee shall
be equal to six percent of the Building Permit valuation of each house which shall
be determined by the Director of Building and Engineering Services. Fees shall be
paid prior to occupancy of each unit.
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8. Open, see - through style fences shall be provided where the parcels border an open
space area and where the parcel borders Robert Wenzel's property, APN 532 -18 -006.
9. The building sites for Parcels 1, 2, 3 and 4 shall be outside the environmental
sensitive area.
10. The rear setback for Parcels 1, 2, 3, and 4 shall be dimensioned on the final plan and
a minimum rear setback of 25 feet shall be provided.
(Engineering Section)
11. Traffic Impact Mitigation Fees for each new single - family dwelling shall be paid prior
to the issuance of a Certificate of Occupancy.
12. Documents shall be. recorded for each individual lot referencing that an in -lieu fee
of building a Below Market Price unit and a traffic impact mitigation fee are
required prior to final occupancy. These documents shall be recorded simultaneously
with the final map.
13. A five -year tree maintenance agreement shall be entered into.
14. Any trenching within the dripline of existing trees shall be hand dug.
15. The project applicant shall provide the Town and the SCVWD with calculations
showing that storm drainage facilities proposed under Forrester Road would be able
to adequately accommodate 100 -year storm flow, or shall redesign facilities to
accommodate such flow.
16. The project applicant shall coordinate with the SCVWD regarding project design and
permit requirements and shall adhere to all SCVWD requirements including
obtaining a SCVWD construction permit for the proposed bridge across Ross Creek.
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17. The project applicant shall work with the Town and the SCVWD to mitigate the
small increase in the flow of Ross Creek due to the increase in impervious surfaces
under project development. Required mitigation may include any one or
combination of the following flood control measures:
a. Filling of the overbank areas for flood protection;
b. A channel diversion detention pond;
C. Grading within the overbank area along the northerly boundary to provide
better flood protection for the Ziegler property, and /or
d. Construction of a detention pond /settling pond.
18. The project applicant shall coordinate with the U.S. Army Corps of Engineers
(Corps) and the California Department of Fish and Game (CDFG) regarding any
and all flood control measures required to mitigate increases in downstream flow
rates due to project development. The project applicant shall provide the Town and
SCVWD with all correspondence with the Corps and CDFG related to project flood
control measures. The project applicant shall meet all the requirements of the Corps
and CDFG for mitigation of potential impacts due to development of the project.
No permits shall be issued until coordination with the Corps and CDFG is complete.
19. The project applicant shall enter into a Streambed Alteration Agreement with the
California Department of Fish and Game for the proposed creek maintenance and
for the proposed bridge construction associated with the recreational trail along Ross
Creek prior to the issuance of any permits relating to this project. The project
applicant shall meet all conditions in such agreement.
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20. The project applicant shall incorporate the conceptual mitigation plan for loss of
riparian habitat proposed in the H.T. Harvey and Associates assessment into the
project. The project applicant shall request review of the plan and written approval
by the California Department of Fish and Game, the United States Fish and Wildlife
Service, and the Regional Water Control Board prior to the issuance of any permits
related to this project.
21. Final grading, street improvement, sanitary sewer, storm drainage, and erosion
control plans shall be submitted to the Engineering Section separately.
22. Grading activities shall be limited to the period of least rainfall (April 15 to
October 1). If grading is allowed to proceed during the rainy season, a maximum
of two weeks shall be allowed between clearing of an area and stabilizing /building
on this area. In addition, straw bales and plastic sheeting shall be stored on -site for
emergency control, if needed. To protect downstream water quality during winter
months, filter berms, check dams, retention basins, silt fences, and straw bale dikes
shall be installed as needed on the project site.
23. A soils and geologic report shall be prepared which provides specific criteria and
standards governing site grading, drainage, pavement design, retaining wall design,
and erosion control. A registered civil engineer, specializing in soil mechanics,
should be included in the group that prepares this report.
24. A well information questionnaire (available through the Counter Technician) shall
be completed.
25. A final map shall be filed.
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26. The following shall be dedicated:
a. Kennedy Road. A minimum 30 -foot half- street right -of -way with the chord
of a 20 -foot radius return at the intersections. Additional right -of -way
dedication will be required for the widening of Kennedy Road at S. Kennedy
Road.
b. Forrester Road. A 29 -foot half- street right -of -way with the chord of a 20-
foot radius return at the intersections.
C. Access Roads "A" & "B ". A 42 -foot right -of -way with a standard 42 -foot
radius cul -de -sac.
d. Ingress- egress, storm drainage, sanitary sewer and public service easements,
as required.
e. Open Space Land. Fee title to Parcel "N', as shown on the tentative map.
27. The following improvements shall be guaranteed by contract, Faithful Performance
Security, Labor and Materials Security, prior to the recordation of the Final Map and
completed prior to the occupancy of any new building:
a. Kennedy Road. Curb and gutter, trail, street lights, street widening, tie -in
paving, signing, striping, storm and sanitary sewers, as required.
b. Forrester Road. Curb and gutter, trail, street lights, street widening, tie -in
paving, signing, striping, storm and sanitary sewers, as required.
C. Access Road "A ". Curb, gutter and sidewalk, street, street lights, signing,
striping, maintenance access, storm and sanitary sewers, as required.
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d. Access Road "B ". Curb and gutter, trail, street, street lights, signing, striping,
storm and sanitary sewers, as required.
e. Open Space Area. Trails, bridges, signing, and landscaping (including
irrigation) as required, which shall be completed no later than the completion
of items (c) and (d) above.
28. Insurance holding the Town harmless shall be provided prior to recordation of the
Final Map.
29. Roof rainwater leaders shall be discharged onto energy dissipators which shall be
designed to spread out the rainwater so that it enters the landscaped areas as sheet
flow. Runoff from the new lots should not be collected into a pipe system,
concentrated, and discharged downslope. No improvements shall obstruct or divert
runoff to the detriment of an adjacent or down stream property.
30. All documents, contracts, securities, insurance, and fees, as applicable, shall be
provided prior to the recordation of the map.
31. A Lighting and Landscaping or Open Space Maintenance District shall be formed
to provide for the maintenance of Parcel "A ". The Town Council shall determine
which maintenance district will be approved for this project.
32. The existing cross - culvert at the intersection of Kennedy Road and Forrester Road
shall be extended to accommodate the widening of Forrester Road.
33. The applicant shall be required to widen the easterly side of Kennedy Road in the
vicinity of the South Kennedy Road intersection.
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34. Town standard storm drainage inlets shall be provided at appropriate intervals along
Kennedy Road.
35. The trail going north on Kennedy Road shall be extended to the end of the Weir
property at the street rather than dead ending the trail at the Ziegler property.
36. The proposed new trail along Kennedy Road across from Teresita Way shall extend
into the Kennedy Road right -of -way in front of the Wenzel property.
37. In compliance with the terms of the General Permit to discharge storm water
associated with construction activity, the applicant must file a Notice of Intent (NOI)
with the State Water Resources Control Board. The NOI must be filed prior to
recording the Final Map.
38. The applicant must develop and implement a Storm Water Pollution Prevention Plan
( SWPPP) concurrently with commencement of construction activities. The SWPPP
shall be certified by the State Water Resources Control Board.
39. The SWPPP shall be kept on site during construction activity and made available
upon request of a representative of the Regional Water Board and /or Town.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY &
MAINTENANCE SERVICES:
40. All tree care activities shall be accomplished by a licensed, competent tree care firm
as approved by and under the supervision of the Director of Parks, Forestry &
Maintenance Services.
41. Prior to any construction or Building Permits being issued, the applicant shall meet
with the Director of Parks, Forestry and Maintenance Services concerning the need
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for protective fencing around the existing trees. Such fencing is to be installed prior
to, and be maintained during, construction.
42. Newly planted trees shall be double- staked, using rubber tree ties and shall be
planted prior to acceptance of the subdivision.
43. No irrigation or planting shall be permitted under the dripline of existing native
trees.
44. Any building constructed under the dripline of existing trees shall have a pier and
grade beam foundation and shall be a minimum of 12 feet from the trunk of existing
trees.
45. Any impervious area (excluding roadways) encroaching under the dripline of existing
trees shall be interlocking pavers or have aeration tubes installed.
46. Paved access shall be provided to all sanitary sewer and storm drainage manholes.
TO THE SATISFACTION OF THE CENTRAL FIRE PROTECTION DISTRICT:
47. The type and location of the required fire hydrants shall be approved by Central
Fire.
TO THE SATISFACTION OF THE DIRECTOR OF BUILDING AND ENGINEERING
SERVICES:
48. Underground cable television service shall be provided to all new lots /home.
49. A 1603 Permit shall be obtained from the Department of Fish & Game for proposed
improvements in or near riparian areas within their jurisdiction.
50. Any existing sanitary sewer lateral proposed for reuse shall be televised and
approved by West Valley Sanitation District.
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51. A clean -out shall be installed at the property line for each sanitary sewer lateral.
SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on July 19, 1993, 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
August 2, 1993. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck
NAYS: None
ABSENT: Patrick O'Laughlin
ABSTAIN: None
SIGNED:
IV OR OF TH TOWVOF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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