Ord 2171 - Amending the Town Code effecting a zone change from RM:5-12 to RM:12-20:PD for property at 347 Massol Avenue (APN 510-14-004)ORDINANCE 2171
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE
FROM RM:5-12 TO RM:12-20:PD FOR PROPERTY AT
347 MASSOL AVENUE (APN 510-14-004)
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
The Town Code of the Town of Los Gatos is hereby amended to change the zoning on
property at 347 Massol Avenue (Santa Clara County Assessor Parcel Numbers 510-14-004) as
shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from RM:5-12
(Medium Density Residential, 5-12 dwelling units per acre) to RM:12-20:PD (High Density
Residential, 12-20 dwelling units per acre, Planned Development).
SECTION 11
The I'D (Planned Development Overlay) zone established by this Ordinance authorizes the
following construction and use of improvements:
1. Conversion of the existing fifty-six apartments to condominiums.
2. Parking lot modifications and other site improvements shown and required on the Official
Development Plan.
3. Exterior facade improvements to the existing buildings.
4. Uses permitted are those specified in the underlying RM (Multiple Family Residential) zone
by Sections 29.40.610 (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, 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.
Page 1 of 7
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
A recorded final map and Architecture and Site approval are required before exterior
modification and site improvement construction work 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 Town Code.
SECTION V
The attached Exhibit A (Map), and Exhibit B (Official Development Plans), are part of the
Official Development Plan. The following conditions must be complied with before issuance of any
grading, or construction permits:
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
I . APPROVAL: This application shall be completed in accordance with all of the conditions of
approval listed below and in substantial compliance with the plans approved and noted as
Exhibit 8 of Attachment 2 of the report to the Town Council for the June 16, 2008 meeting and
Attachment 6 (Parking Plan) of the report to the Town Council for the December 15, 2008
meeting. Any changes or modifications made to the approved plans shall be approved by the
Director of Community Development, Development Review Committee, Planning Commission
or the Town Council, depending on the scope of the change(s).
2. 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.
Page 2 of 7
3. BELOW MARKET PRICE (BMP) UNITS: Eight (8) BMP units will be provided as part of the
approved development plan per Town Code Section 29.10.3025 and 29.10.3030. The applicant
shall meet with the Director of Community Services prior to the issuance of any permits or the
recordation of the final subdivision map to commence the BMP process for the units. The BMP
units shall be renovated by Lyon, at no cost to the Town or ultimate owner(s) or tenant(s), with
the following upgrades: refinish the cabinets and counter tops; repaint the units; replace the
carpet; replace the door knobs, faucets and other hardware; and install a washer and dryer.
4. DEED RESTRICTION: Prior to issuance of a building permit or recordation of the final
subdivision map, a deed restriction shall be recorded by the applicant with the Santa Clara
County Recorder's office, stating that the required BMP units must be sold as below market
priced units pursuant to the Town's BMP Guidelines. The BMP Guidelines in effect at the time
of the sale of the market rate units shall be used unless the sales prices in the BMP Guidelines
have been reduced to a level lower than the prices in effect in 2008.
5. ARCHifECTURE AND SITE REQUIRED: An Architecture and Site application and approval
is required for the faFadc improvements, parking lot improvements, and other site improvements.
The Planning Commission shall be the deciding body for the Architecture and Site application.
6. SUBDIVISION REQUIRED: A tentative map application shall be approved prior to the
submittal of building permits. The Development Review Committee may be the deciding body
for the tentative map.
7. BIKE RACKS: The property owner shall work with staff to explore the possibility of on-site
covered and/or uncovered bicycle parking.
8. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the
building permit and/or final subdivision map detailing how the Conditions of Approval will be
addressed.
8a. TENANT RELOCATION SERVICES: Applicant shall prepare a Tenant Relocation Assistance
Services Program to the satisfaction of the Director of Community Development.
8b. PARKING ALLOCATION: Applicant shall prepare a Residential Parking Allocation Plan to
the satisfaction of the Director of Community Development Building Division
9. PERMITS REQUIRED: A building permit shall be required for exterior fagade improvements
and parking lot modifications. Separate building permits are required for site retaining walls,
Page 3 of 7
water tanks, and swimming pools; separate electrical, mechanical, and plumbing permits shall be
required as necessary.
10. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue -lined in full on the
cover sheet of the construction plans.
11. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36.STREETNAMES &
HOUSE NUMBERS: Submit requests for new unit numbers from the Building Division prior to
the building permit application process.
12. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF -IR and
MF -1R must be blue -lined on the plans.
13. SPECIAL INSPECTIONS: When a special inspection is required by UBC Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted to the
Building Official for approval prior to issuance of the building permit. The Town Special
Inspection form must be completely filled -out, signed by all requested parties and be blue -
lined on the construction plans. Special Inspection forms are available from the Building
Division Service Counter or online at www.losgatosca.gov.
14. NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara Valley
Nonpoint Source Pollution Control Program shall be part of the plan submittal as the second
page. The specification sheet is available at the Building Division Service Counterfor a fee of $2
or at San Jose Blue Print.
15. PLANS: The construction plans shall be prepared under the direct supervision of a licensed
architect or engineer. (Business and Professionals Code Section 5 53 8)
16. APPROVALS REQUIRED: The project requires the following agencies approval before issuing
a building permit:
a. Community Development: Joel Paulson at 354-6879
b. Engineering Department: Fletcher Parsons at 395-3460
c. Santa Clara County Fire Department: (408) 378-4010
d. West Valley Sanitation District: (408) 378-2407
e. Local School District: (Contact the Town Building Service Counter for the appropriate
school district and to obtain the school form.)
Page 4 of 7
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
17. FINAL MAP: A final map shall be recorded. Two copies of the final 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.
18. DEVELOPMENT AGREEMENT: The Applicant shall enter an agreement to construct public
improvements in accordance with Town Code §24.40.020.
19. 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 map.
20. PUBLIC IMPROVEMENTS: The following improvements shall be installed by the developer.
Plans for those improvements shall be prepared by a California registered civil engineer,
reviewed and approved by the Town, and guaranteed by contract, Faithful Performance Security
and Labor & Materials Security before the issuance of a building permit or the recordation of a
map. The improvements must be completed and accepted by the Town before a Certificate of
Occupancy for any new building can be issued.
a. Massol Ave -Curb, gutter, sidewalk, street lights, tie-in paving, signing, striping, storm
drainage and sanitary sewers, as required.
21. GENERAL: All public improvements shall be made according to the latest adopted Town
Standard Drawings and the Town Standard Specifications. All work shall conform to the
applicable Town ordinances. The adjacent public right-of-way shall be kept clear of all job
related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm
drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not
be allowed unless a special permit is issued. The developer's representative in charge shall be at
the job site during all working hours. Failure to maintain the public right-of-way according to
this condition may result in the Town performing the required maintenance at the developer's
expense.
22. ENCROACIIMENT PERMIT: All work in the public right-of-way will require a Construction
Encroachment Permit: All work over $5,000 will require construction security.
Page 5 of 7
23. PUBLIC WORKS INSPECTIONS: The developer or his representative shall notify the
Engineering Inspector at least twenty-four (24) hours before starting any work pertaining to on-
site drainage facilities, grading or paving, and all work in the Town's right-of-way. Failure to do
so will result in rejection of work that went on without inspection.
24. RESTORATION OF PUBLIC IMPROVEMENTS: The developer shall repair or replace all
existing improvements not designated for removal that are damaged or removed because of
developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks,
driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc.
shall be repaired and replaced to a condition equal to or better than the original condition.
Existing improvement to be repaired or replaced shall be at the direction of the Engineering
Construction Inspector, and shall comply with all Title 24 Disabled Access provisions.
Developer shall request a walk-through with the Engineering Construction Inspector before the
start of construction to verify existing conditions.
25. CC&R'S: A copy of the CC&R's shall be submitted for review and approval by the Town
Attorney and Planning Division prior to map recordation. The CC&R's shall be consistent with
the Residential Parking Allocation Plan required in Condition #8b.
Page 6 of 7
SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on June 16, 2008, 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 December 15, 2008 and
becomes effective 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Diane McNutt, Joe Pirzynski, Steve Rice, Barbara Spector and Mayor Mike Wasserman
NAYS:
ABSENT:
ABSTAIN:
SIGNED�:�
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST-.
C _ E OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Page 7 of 7
Q
347,Masso I Avenue
TOWN OF LOS GATOS
Application No. PD -07-02 A.P.N. #510-14-004 "
Change of zoning map amending the Town Zoning Ordinance.
® Zone Change From: RM:5-12 To: RM:12-20:PD
Forwarded by Planning Commission
Approved by Town Council Date:
Clerk Administrator
Mayor
Date: April 23, 2008
Ord:
MTBIT A
SITE PLAN -PARKING
FOR
CONDOMINIUM PURPOSES
TOWN OF LOS GATOS, CAUFORNIA
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ATTACIMENT 5
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