Ord 1692 - Amending the Zoning Ordinance effecting zone change No. 70 from RM:5 -20 to RM:5 -20 -PDORDINANCE NO. 1692
AN ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE ZONING ORDINANCE EFFECTING
ZONE CHANGE NO. 70 FROM RM:5 -20 TO RM:5 -20 -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 at the southwest corner of Blossom Hill Road and
Cherry Blossom Lane shown on the map which is attached hereto, marked Exhibit A
and is a part of this ordinance, from RM:5 -20 (Multiple Family Residential,
5 -20 dwelling units per net acre) to RM:5 -20 -PD (Multiple Family Residential,
5 -20 dwelling units per net acre, Planned Development).
SECTION II.
The PD (Planned Development Overlay) zone established by this ordinance
authorizes the following construction and use of improvements:
1. Construction of a continuing care retirement community consisting of
up to 175 Independent Living units, 43 Personal Care units, a 75 -bed
Nursing Care facility, and a Commons section to house supporting uses.
2. Parking, landscaping and other improvements shown and required on the
official Development Plan.
3. Uses permitted are those retail, service and office uses exclusively
for residents and employees of the facility, and those specified in
the RM:5 -20 (Multiple Family Residential, 5 -20 dwelling units per net
acre) zone by Sections 4.32.020 (Permitted Uses) and 4.32.030
(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 4.32.020 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 4.10 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.
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SECTION V
OFFICIAL DEVELOPMENT PLAN
In addition to Exhibit A (Zone Change Vicinity Map), the attached Exhibit B
(Site Plan showing Landscaping), and Exhibits C and D (Elevations) are part of
the Official Development Plan. During the precise plan proceedings, the
Planning Commission shall have discretion to modify various elements of the
plan, including but not limited to building elevations, building location and
heights of buildings, to ensure compatibility with the residential areas in
proximity to the site. 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) Residents in this project shall be restricted to persons who are
sixty -two years of age or older or married couples living together
when at least one spouse is sixty -two years and each other resident,
except the spouse or cohabitant of the senior citizen, or a person
who resides with and provides primary or physical or economic
support to the senior citizen, shall be 45 years of age or older..
Higher minimum age limits established by private restrictions are
not permissible.
2) Temporary residency by a person of less than 45 years of age shall
be permitted for specified periods of not less than 60 days in any
calendar year.
3) Upon death or dissolution of marriage, or upon hospitalization, or
other prolonged absence of the senior citizen, any other person who
was a qualified permanent resident pursuant to the provisions of
this section shall be entitled to continue in residence.
4) Occupant age restrictions are subject to the following:
The owners shall by separate, recorded instrument agree with the
Town on their own behalf and in a manner binding their successors in
interest that the land will be subject to an age restriction stating
the limitation specified in this ordinance in language satisfactory
to the Town Attorney, with a further provision that the age
restrictions shall not be amended except by consent of the Town
Council expressed in a written resolution, and that such restriction
shall have priority over all liens and encumbrances on the property;
and that in the event of litigation to enforce the restrictions they
and their successors will pay the Town expenses and attorney's fees.
5) A deed restriction shall be recorded for the property prior to the
issuance of any building or grading permit and shall include the
following elements to the satisfaction of the Town Attorney:
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a. The total number of cars allotted to residents of the
independent living units shall not exceed 175.
b. Working hours for a minimum of 75% of the day shift employees
shall be set at 7:00 a.m. to 3:00 p.m.
C. The main dinner meal shall be served between the hours of 4:45
p.m. and 7:00 p.m.
d. Lunch shall be made available on -site for all day -shift
employees.
6) Accessibility for the physically handicapped
a. All independent living and personal care units shall meet the
handicapped adaptability /accessibility requirements contained
in the Title 24 applicable to apartments.
b. At least five percent (5%) of independent units and ten percent
(10 %) of personal care units each shall meet the full
accessibility requirements contained in Title 24.
C. All nursing care units shall have fully accessible bathrooms in
accordance with Title 24 regulations.
7) All of the common areas and buildings shall be accessible to
wheelchair users.
8) Any access points on Blossom Hill Road shall be restricted to right
turns, both inbound and outbound, to the satisfaction of the Town
Engineer.
9) Graded building sites should be inspected for expansive soils by a
qualified soils or geological engineer and treated, where necessary,
by over- excavation and backfilling, to the satisfaction of the Town
Engineer.
10) An acoustical analysis shall be performed by a qualified acoustical
engineer to identify the necessary noise insulation features and
design elements to produce an acceptable interior noise environment
for the project's buildings, to the satisfaction of the Building
Official.
11) Construction activities shall be limited to between the hours of
8:00 a.m. and 5:00 p.m., Monday through Friday.
12) All construction equipment shall be properly maintained and exhausts
muffled.
13) Construction vehicles shall be routed only upon arterial streets
when traveling to or from the construction site. Arterial streets
are those so designated in the Town General Plan.
14) A strict erosion control plan shall be provided which shall include
daily inspection of the site and prevention of mud or silt from
flowing or being tracked off —site, to the satisfaction of the Town
Engineer.
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15) The developer shall be required to participate in corridor
improvements along the Los Gatos Boulevard and Blossom Hill [toad
corridors in accordance with the Critical Intersection Impact Policy
Statement adopted by the Town Council on May 5, 1986. These
intersection include but are not limited to the following (the
percent share of the costs for the improvements of "a ", "b ", and "c"
will be determined by formula by the Town Engineer when the
Architecture and Site application is processed):
a. Intersection improvements at Blossom Hill Road and Los Gatos
Boulevard, including traffic signal modifications, restriping
and paving as required.
b. Intersection improvements at Union Avenue and Blossom Hill
Road, including traffic signal modifications, paving, curb and
gutter relocation, and striping as required.
C. Intersection improvements at Camellia Terrace and Blossom Hill
Road, including traffic signal installation, paving, signing
and striping as required.
d. Intersection improvements at Cherry Blossom Lane and Blossom
Hill Road, including traffic signal modifications, paving,
signing and striping as required by modified Alternative #6 of
the Intersection Alternatives Analysis. The developer shall be
required to participate in the construction of the intersection
improvements to a maximum of 50% of the cost.
16) The on -site connection between Kings Court Shopping Center and the
project site shall be limited to a loading dock and shall not be
used for resident vehicular access.
17) The following frontage improvements shall be guaranteed by contract
and bond to the satisfaction of the Town Engineer:
a. Blossom Hill Road Raised landscaped median, Portland Cement
concrete curb, gutter and sidewalk, asphaltic concrete paving,
street lights, drainage and sanitary sewer improvements,
signing and striping.
b. Cherry Blossom Lane. Repair of any defective existing
improvements.
18) Grading, drainage, erosion control, on -site lighting featuring 70
watt high pressure sodium cut -off fixtures, on -site circulation,
utility, sanitary sewer, parking, and parking lot striping plans,
shall be provided to the satisfaction of the Town Engineer.
19) At least thirty -five (35) of the independent living units (20 %)
shall be Below - Market Price units as defined by the Town Zoning
Ordinance and General Plan.
20) To reduce dust
contracts shall
of the day, to
emissions related
require watering
the satisfaction
to construction, all construction
in the late morning and at the end
of the Town Engineer.
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21) All required fire hydrants shall be installed and tested prior to
the issuance of a building permit, to the satisfaction of the
Central Fire Protection District.
22) Fifteen feet of vertical clearance shall be provided over all
portions of the driveways to the satisfaction of the Central Fire
Protection District.
23) Fire truck access ways shall be eighteen feet wide and capable of
supporting 75,000 pound loading with 42 ft. inside turn radius, to
the satisfaction of the Central Fire Protection District.
24) Should evidence of historical or archaeological artifacts of
significance be found during project construction activity, the Town
of Los Gatos and the California Archaeological Inventory shall be
notified. The project sponsor in this case must retain an
archaeologist to determine the significance of the find and whether
feasible measures could be implemented to preserve or recover such
artifacts. Excavation or construction which might damage the find
shall be suspended for a maximum of four weeks to permit inspection,
recommendation and retrieval, if appropriate.
25) The Town will undertake a study paid at Town expense to determine
the impact of the reconfiguration of the Blossom Hill Road /Cherry
Blossom Lane intersection on the north leg of Cherry Blossom Lane.
The study will:
a. include the possibility of a cul -de -sac on Cherry Blossom Lane
and other means of diverting through traffic from the
neighborhood,
b. examine the impact that the proposed solution on Cherry Blossom
Lane would have on other streets in the neighborhood,
C. determine the amount of through traffic contributed by the
Terraces project.
The Terraces will pay a proportionate share of the cost of the
recommended improvements based on their share of the through
traffic.
26) The Town will recommend to the applicant changes in internal flow of
traffic as it relates to entrances and exits.
SECTION VI
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.
This ordinance was introduced at a regular
meeting of the Town Council of the Town of Los Gatos on October 6th 1986
and adopted by the following vote as an ordinance of the Town of Los Gatos at a
regular meeting of the Town Council on November 3rd , 1986.
AYES: COUNCIL MEMBERS Joanne Benjamin, Thomas J. Ferrito, and
Brent N. Ventura
NOES: COUNCIL MEMBERS Mayor Terrence J. Daily
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS Eric D. Carlson
SIGNED: /r� a rn -�,�, J
MAYOR OF THE TOWN OF LOS GATOS
ATTEST:
CLERK OF THE TOWN OF LOS G ®`S
PLNO'I:EIR -85 -2*
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No 6<ALV,
I T QrW N 0,-Widl LOS GrA\ T-V308 I
Application No. . �-- a5. �L . Change of zoning map
amending the Town Zoning Ordinance.
C Zone Change from tZM . 5-aa to M; -ZO• ne
E:1 Prezoning to
A *D by' Planning Commission . date 4.2:5-a(o
Approved by 'Town, Co cil date Nove 3,1986 Or(� 1692
Town Clerk ��n�� Mayor
Add'it'ional large
attachments or
exhibits have not
been scanned.
Please see
original file for
reference.