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Ord 1572 - AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO.__ 0 AND RM :5 -12 TO R- 1:8,000 -PDORDINANCE NO. 1572 AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO.__ 0 AND RM :5 -12 TO R- 1:8,000 -PD SECTION I. The Zoning Ordinance of the Town of Los Gatos is hereby amended to change the zoning of the property at 612 West Parr Avenue shown on the map which is attached hereto, marked Exhibit A and is a part of this ordinance, from RM:5 -12 (Multiple Family Residential, 5 -12 dwelling units per net acre and 0 (Office) to R - 1:8 - (Single Family Residential, 8,000 square foot minimum lot size - 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 One Hundred and seven (107) apartments to be used by senior citizens, including 10 units designed for the physically handicapped. 2. Parking (including a minimum of four handicapped spaces), landscaping and other improvements shown and required on the Official Development Plan. 3. Uses permitted are those specified in the R -1:8 (Single Family Residential) zone by Sections 4.26.020 (Permitted Uses) and 4.26.030 (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 4.26.030 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 4.10 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. SECTION V OFFICIAL DEVELOPMENT PLAN In addition to Exhibit A (Zone Change Vicinity Map), the attached Exhibit 8 (Site Plan), Exhibit C, D, E, F (Floor Plans), Exhibit G (Elevations), Exhibit H (topographic survey), and Exhibit I (Tentative Parcel Map) 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 applicant shall file a parcel map to the satisfaction of the Town Engineer showing the final configuration of the project site and the remainder of the County parcel. 2. The applicant shall submit grading, drainage, on -site lighting, on -site parking, and storm and sanitary sewer plans to the satisfaction of the Town Engineer. 3. No grading shall occur within 6 feet beyond the driplines of mature trees, and no paving shall be placed within a 6 foot radius of the base of these trees. - 2 - 4. Hand trenching will be required if any utility lines are to be placed within the root zones of any mature trees, to the satisfaction of the Superintendent of Parks and Forestry. 5. Existing trees shown to remain shall be surrounded with protective fencing a- long the driplines during grading and construction, to the satisfaction of the Superintendent of Parks and Forestry. 6. If permitted by HUD financing, each unit shall be served with an active solar hot water system from the start. 7. No gates or other obstructions shall be built across any portion of any access road. 8. Residents in this project shall be restricted to persons who are sixty years of age or older, or married couples living together when at least one spouse is sixty years of age or older. Higher minimum age limits established by pri- vate restrictions are permissible. If the General Plan is amended to provide an equivalent density bonus for units rented to handicapped as for seniors, handicapped residents need not be seniors. 9. The handicapped parking measurements shall be updated to be accurate. 10. All units must be handicapped adaptable as defined by the State Housing and Community Development Adaptability /Accessibility Regulations dated December 10, 1982 or the Housing Adaptability Guidelines by Peoples Housing Inc. 1980, except where the standards would create an unreasonable hardship. 11. Floor plans, including the recreation building, landscaping and other amenities, shall be reviewed and may be modified by the Deciding Body at the time of Architecture and Site approval. 12. Covenants By appropriate documents at close of escrow, developer shall covenant, on be- half of itself and its successors, to do - the following: A. Restrict the use of the site to housing for elderly and handicapped per- sons eligible for Section 8 subsidies during the period when Section 8 subsidies are available to the project (or to persons eligible for subsi- dy available to the project under any successor law to Section 8) and, thereafter, restrict the use of the property to housing for elderly per- sons of low and moderate income as defined in HUD regulations. B. Adhere, on initial and subsequent lettings, to the Occupancy Preference System as supplemented by the Affirmative Fair Marketing Plan, both of which have been established by the Town. At such time as the project is no longer receiving any federal subsidy, the Town may modify its occupan- cy preference in any manner that will not jeopardize the developer's interests. Mc C. Maintain the housing units to be constructed on the site in accordance with the maintenance standards established by the Town. Town personnel will make periodic inspections. The parties may revise such standards by mutual consent if necessity requires it. D. Adopt and maintain the Los Gatos management policies together with other management policies which ensure that tenants are not allowed to violate any Town ordinances or in any manner cause a disturbance to neighbors of - the project. The parties may revise such standards by mutual consent if necessity requires it. E. Not sell, assign or transfer in any manner any part or all of the site or improvements, or bring in a new general. partner, other than Jack W. Sheehan, Inc. (or a co- general partner for syndication purposes) or transfer control of Jack W. Sheehan, Inc., without an express prior finding by the Town Council, after full and fair consideration of all the facts and circumstances, that the purchase (or new general partner) is willing and able to fulfill all the obligations of the developer under this Agreement or any amendments thereto. This covenant shall have no effect if the Developer's HUD- insured loan is in default or the mortgage is held or foreclosed by HUD. F. Maintain the premises in private ownership, subject to ad valorem taxation. G. Place no new encumbrances on the site at any time after 45 years from close of escrow, nor borrow against the property on any existing encumbrances after said date, without the written approval of the Town. H. Reconvey the site to the Town, at the Town's option, to be exercised as stated herein, sixty -five (65) years from the date of close of escrow on the take -out loan for the project, for the sum of One Dollar ($1.00) plus all transfer costs. Said conveyance shall include any and all improvements then existing on the site, free of all encumbrances, but subject to all obligations arising from operation of the project except those personal injury and property damage obligations not covered by insurance. 13. If at any time within the first five years after initial occupancy, additional parking is shown to be necessary, it shall be provided by the property owner subject to Architecture and Site Approval. 14. The parking spaces in the southernmost parking area shall be paved with "turf block ". 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. - 4 - This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on March 7th 1983 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council on March 21st , 1983. AYES: COUNCIL MEMBERS Joanne Ben'amin Terrence J.Daily Thomas J. Ferrito Marl J. Rasmussen and Mayor Br ent N. Ventura NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None SIGNED:— R TF E T WN F L AT ATTEST: CLERK F ThE TON F LOS GAT - 5 k � kN No OA,Le I T 0-- - �WV N 0-�F' L Q S G- - � Ak T - - 'Q S I Application No. Z.52°6 1 . Change of zoning map amending the Town Zoning Ordinance. Cpl Zone Change from a 4 KM.15-1% to IZ- 1:5 � ❑ Prezoning to I Afaawt,o by Planning Commission date .)AwuAgy is tam Approved by Town council date M arch 21 ® IV2 Town Clerk Mayor Add'it'ional large attachments or exhibits have not been scanned. Please see original file for reference.