Ord 2014 - Amending the Town Code effecting a zone change from R-1:8000 to RM: 5-12-PD for property at 17050 Roberts RoadORDINANCE 2014
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE
FROM R- 1:8000 TO RM:5 -12 -PD FOR
PROPERTY AT 17050 ROBERTS ROAD
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 addressed as 17050 Roberts Road shown on the map which is attached hereto marked
Exhibit A and is part of this Ordinance, from R- 1:8000 (Single Family Residential, 8000 square
foot minimum lot area) to R- M:5 -12 -PD (Multiple Family Residential, 5 -12 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. Demolition of an existing single- family residence and numerous accessory
structures;
2. Construction of seven single - family dwelling units.
3. Landscaping, streets and other improvements shown and required on the Official
Development Plan;
4. Uses permitted are those specified in the R -M (Multiple Family Residential) zone
by Sections 29.40.610 (Permitted Uses) and 29.20.185 (Conditional Uses) of the
Town Code, 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
29.20.185 is allowed unless specifically authorized by this Ordinance, or by
Conditional Use Permit.
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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 demolition of the single family
residence and construction 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 Town Code.
SECTION V
The attached Exhibit A (Map) and Exhibit B (Tentative Map and Development Plans, 11
sheets), are part of the Official Development Plan. The following must be complied with before
issuance of any grading, demolition or construction permits:
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 by the project developer to determine its significance. No further work shall
proceed until the Planning Director gives a written approval.
2 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 Planning Department prior to the Town's demolition inspection by the
Department of Building and Engineering Services..
3. 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.
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4. Minimum interior clear dimensions of two car garages shall be 20' x 20'.
5. Construct a 12 foot high acoustically- effective barrier along the Lot 1 property line
contiguous with Blossom Hill Road. To reduce flanking noise, the barrier shall continue,
at a height of 8 -10 feet, along the south property line for a distance of 60 feet. Construct
8 -9 feet high acoustically- effective barriers between the houses on Lots 1 thru 7. Barrier
heights are in reference to the nearest building pad elevation.
6. Any future amendments made to the CC &R's which conflict in any way to this Planned
Development Ordinance shall first be approved by the Town and shall be so noted in the
CC &R's.
7. A Below Market Price in -lieu fee shall be paid pursuant to Town Code Section 29.10.3025
and applicable Town Resolutions.
8. Plans submitted for Architecture and Site Approval shall provide and clearly identify
convenient locations for storage of bins used by the curbside recycling program and the
yard debris collection program, as well as for garbage storage.
(Engineering Section)
9. 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, shall be included in
the group that prepares this report.
10. A hydrology and hydraulic study shall be completed for this site showing capacity of the
existing and proposed storm drain system.
11. All fees, as applicable, are to be paid before any permits are issued.
12. Ingress- egress, storm drainage, sanitary sewer and public service easements shall be
dedicated as required.
13. Improvements including Curb, gutter, sidewalks, street light, tie -in paving, signing,
striping, storm and sanitary sewers shall be guaranteed by contract, Faithful Performance
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Security and Labor & Materials Security, and completed before the occupancy of any new
building.
14. Payment of a Traffic Impact Mitigation fee for seven new single family dwellings based
on resolution current at the time of occupancy of any individual unit. Payment shall be
completed prior to the issuance of Certificates of Occupancy for each unit.
15. Provide underground cable television service to all lots.
16. A complete drainage plan shall be submitted.
17. As part of the precise plan submittal, every effort should be made to maximize the sight
distance to eastbound traffic on Blossom Hill Road west of Roberts Road.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY & MAINTENANCE
SERVICES:
18. 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.
19. 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 for
protective fencing around the existing trees. Such fencing is to be installed prior to, and
be maintained during, construction.
20. Each non - orchard tree to be removed must be mitigated by planting a minimum 24." box
tree or approved equal.
21. This project is subject to the Town's Water Efficient Landscape Ordinance.
TO THE SATISFACTION OF THE DIRECTOR OF BUILDING AND ENGINEERING
SERVICES:
22. Contractor requirements shall be reviewed to ensure proper implementation of mitigation
measures related to building demolition and proper transport /disposal of any identified on-
site hazardous materials. The contractor must demonstrate compliance with these
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measures prior to issuance of the final building permit.
23. During project construction, the operation of heavy equipment shall be limited to the
daytime working hours (8 a.m. to 8 p.m. Monday through Friday, 9 a.m. to 7 p.m.
Saturday and Sunday) to minimize potential disturbance of the adjacent residents.
Stationary noise sources shall be located as far from adjacent residences as possible. If
they must be located near the existing residences for any length of time, they shall also be
enclosed within temporary sheds.
24. Equipment used for project construction shall utilize control techniques (improved
mufflers, equipment redesign, use of silencers, ducts and mufflers) in order to minimize
construction noise impacts.
25. Construction noise shall be minimized by requiring the project contractors to agree with
the following measures:
a. Use of state -of -the -art muffling techniques and equipment,
b. Selection of quieter procedures such as drilling rather than using impact equipment,
C. Use of quiet machines,
d. Elimination of unnecessary idling of equipment, and
e. Simultaneous operation of different pieces of noise- producing equipment shall be
avoided.
26. The soils engineer or his qualified representative shall continuously inspect all grading
operations. The soils engineer shall submit a final grading report before
occupancy /Certificate of Completion.
27. Prior to demolition of the existing residence, building materials shall be sampled and
analyzed for the presence of asbestos. The survey shall be completed by a certified
asbestos specialist and appropriate measures regarding removal of all identified asbestos -
containing materials and disposal shall be taken. Removal of asbestos - containing materials
in any identified building shall be performed by a licensed and registered asbestos
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abatement contractor and shall be disposed of at a landfill permitted to accept asbestos.
The asbestos report shall be submitted the Town prior to issuance of the demolition
permit. In addition, the applicant will be required to obtain clearance for asbestos removal
from the Bay Area Air Quality Management District prior to issuance of a demolition
permit.
TO THE SATISFACTION OF THE CENTRAL FIRE PROTECTION DISTRICT:
28. Provide on -site public fire hydrants at a maximum spacing of 500 feet between hydrants.
Required fire flow is 1500 gallons per minute at 20 psi. residual.
SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on April 1, 1996, 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 April 15, 1996. This
ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor Randy Attaway
NAYS: None
ABSENT: Joanne Benjamin
ABSTAIN: None
SIGNED:
MAYOR OF E TOWN OF L S GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS TOS
LOS GATOS, CALIFORNIA
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Approved� byv;, Couficll 0 d
Town Clerk-
Mayor
Add'it'ional large
attachments or
exhibits have not
been scanned.
Please see
original file for
reference.