Ord 2204 - Amending Ordinance No. 2060 at 15055 and 15075 Los Gatos Blvd.ORDINANCE 2204
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:
I. Eleven commercial condominiums;
2. Two commercial buildings consisting of at least 3,326 square feet of non - 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)
I. 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. NON - MEDICAL OFFICE USE. A minimum of 3,326 square shall be dedicated to non-
medical office use. 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 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
Town and recorded by the property owner, at the applicant's expense, with the Santa
Clara County Recorder's office, specifically designating the condominium unit (or units)
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that satisfies (or satisfy) the non - medical office use requirements noted above in the 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 the Los
Gatos Creekside 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
prepared and submitted with the building permit application detailing how the
Performance Standards will be addressed.
10. SIZE OF PLANS. Four sets of construction plans, maximum size 24" x 36."
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11. CONDOMINIUM UNIT ADDRESSES. If new individual condominium addresses will
be requested, please make application for addresses prior to map recordation.
12. APPROVALS REQUIRED. The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development — Planning Division: Jennifer Savage (408) 399 -5702
b. Engineering/Parks & Public Works Department: Trang Tu- Nguyen(408)354 -5236
G. Santa Clara County Fire Department: (408) 378 -4010
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
13. FINAL MAP. A final map shall be recorded. Two copies of the final / parcel map shall
be submitted to the Engineering Division of the Parks & Public Works Department for
review and approval. Submittal shall include closure calculations, title reports and
appropriate fee. The map shall be recorded before any permits are issued.
14. UTILITY COMPANY REVIEW. Letters from the electric, telephone, cable and trash
companies indicating that the proposed improvements and easements are acceptable shall
be provided prior to recordation of the final /parcel map.
15. CC &R. A copy of the CC &R shall be submitted for review and approval by the Town
Attorney and Planning Director /Town Engineer prior to final /parcel map recordation.
16. WEST VALLEY SANITATION DISTRICT. All sewer connection and treatment plan
capacity fees shall be paid either immediately prior to the recordation of any subdivision
maps with respect to the subject property or properties, or immediately prior to the
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issuance of a sewer connection permit, which ever event occurs first. Written
confirmation of payment of these fees shall be provided prior to map recordation.
17. TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL). The developer shall pay a
fee proportional to the project's share of transportation improvement needed to serve
cumulative development within the Town of Los Gatos. The fee amount will be based
upon the Town Council resolution in effect at the time the building permit application is
made. The fee is currently estimated at $29,573.00. The fee shall be paid before the
building permit is issued. The final fee shall be calculated from the final plans using the
rate schedule in effect at the time of the building permit application, using a trip
generation rate based on use.
18. TRAFFIC IMPACT COMMUNITY BENEFIT. The developer is required to provide
Community Benefit based on the Town Traffic Impact Policy.
TO THE SATISFACTION OF THE TOWN ATTORNEY
19. 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.
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SECTION III
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on October 17, 2011, 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 7, 2011.
This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Steven Leonardis, Diane McNutt, Steve Rice, Barbara Spector, and Mayor Joe Pirzynski
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
G •
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA