Ord 2042 - Amending the Zoning Ordinancy effecting a zone change from R-1:8 to RM: 5-12 PD at 16673 Lark AvenueORDINANCE 2042
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE ZONING ORDINANCE EFFECTING A ZONE CHANGE
FROM R -1:8 TO RM:5 -12 PD AT 16673 LARK AVENUE
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 at 16673
Lark Avenue shown on the map which is attached hereto marked Exhibit A and is part of this
Ordinance from R -1:8 (Single Family Residential, minimum lot size 8,000 square feet) to RM:5 -12
PD (Multiple - Family Residential, 5 to 12 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 accessory structures,
2. Construction of 17 dwelling units and two BMP units.
3. Landscaping, entrance signs, arbors, streets and other improvements shown and
required on the Official Development Plan;
4. Uses permitted are those specified in the 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
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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.
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 work 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 Zoning Ordinance.
SECTION V
The attached Exhibit A (Map) and Exhibit B (Development Plans, 16 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. CULTURAL RESOURCES. 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 to determine its significance.
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2. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained prior to the issuance
of a Building, Grading or Encroachment Permit.
3. RECYCLING. 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 Town prior to the Town's demolition inspection.
4. SOLAR. 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.
5. GARAGE DIMENSIONS. Minimum interior clear dimensions of two car garages shall be
20'x 20'. Minimum interior clear dimensions of one car garages shall be 11' x 20'.
6. BMP PARKING. One of the on -site parking spaces shall be designated for the three
bedroom BMP unit.
7. NOISE. The project contractor shall coordinate construction activities to avoid scheduled
church activities that are noise sensitive ( e.g., Sunday morning services).
8. BMP. The BMP units must receive approved building permits prior to issuance of the
building permit for the 15th market rate unit.
9. CC &R AMENDMENTS. 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.
10. PRIVATE OPEN SPACE. A minimum of 200 square feet of private open space shall be
provided for each unit.
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11. TENTATIVE MAP. A tentative map shall be submitted for action by the Planning
Commission. The tentative map shall be in conformance with the adopted development
standards.
12. PRIVACY OF UPSTAIRS ROOMS. To ensure the residences have adequate privacy,
during the Architecture and Site approval process, the plans shall illustrate that there is a
minimum of ten feet between windows facing each other. This requirement only applies to
windows which a person can look out. If the windows are placed high in the room, are
frosted, or are off set from each other, this condition will not apply.
13. ENTRANCE SIGNS. During the Architecture and Site approval process, details of the
entrance signs shall be provided.
14. ARCHITECTURE. One story elements shall be incorporated on the front elevations of the
two story units along Lark Avenue during the Architecture and Site approval process.
(Engineering Section)
15. FINAL CC &R'S. Final CC &Rs shall be approved by the Town Attorney prior to recordation
of the final map. The CC &R's shall include provisions for traffic circulation, vehicle parking
enforcement procedures and maintenance of the trees that are required to be planted in the
Lark Avenue median island.
16. GRADING PERMIT. A grading permit is required for all on -site improvement. A separate
application for a grading permit (with grading plans) shall be made to the Development
Engineering Section of the Planning Department. The grading plans shall include final
grading, drainage, retaining wall location, driveway, utilities and interim erosion control.
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17. ON -SITE DRAINAGE IMPROVEMENTS: On -site drainage improvements shall be
designed and installed following the guidelines of the Bay Area Stormwater Management
Agencies Association. These measures are to protect the water quality of Los Gatos Creek,
which is adjacent to the site.
18. SOILS REPORT. One copy of the soils and geologic report shall be submitted with the
grading permit and public improvement application. The soils report shall include specific
criteria and standards governing site grading, drainage, pavement design, retaining wall
design, and erosion control. The reports shall be signed and "wet stamped" by the engineer,
in conformance with Section 6735 of the California Business and Professions Code.
19. DEDICATIONS. The following shall be dedicated on the final map. The dedication shall be
recorded before the issuance of any permits.
a. Lark Avenue. A 60 foot half - street right -of -way across the frontage of the project.
b. Public Service Easement (PSE). Ten (10) feet wide, next to the Lark Avenue right-
of -way and over the roadways within the site.
C. Storm drainage and sanitary sewer easements, as required.
20. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the
developer. Plans for those improvements shall be prepared by 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 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.
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a. Lark Avenue. Curb, gutter, sidewalks, curb ramps, street lights, bike lane, roadway
widening to transition westbound traffic from three lanes (east of Oka Road) to two
lanes (at the bridge over Los Gatos Creek), transitional striping (may extend easterly
of Oka Road), storm drainage improvements, sanitary sewers, and street signing and
striping, as required.
b. Median Island. A raised median island, with cobbles and trees wells shall be installed
in Lark Avenue. The median island shall contain a protected left turn pocket, as
shown in Option 1 of the intersection layout prepared by Barton - Aschman Associates.
The median island shall extend westerly as far as practical. Trees in the median island
shall have a drip irrigation system and be maintained by the Home Owners
Association.
21. LARK AVENUE PARKING. Parking along Lark Avenue adjacent to the project frontage
shall be prohibited due to the westbound transition lane, unless adequate pavement width is
provided to the satisfaction of the Town Traffic Engineer.
22. INSURANCE. One million dollars ($1,000,000)of liability insurance holding the Town
harmless shall be provided in a format acceptable to the Town Attorney before recordation
of the map.
23. TRAFFIC IMPACT MITIGATION FEE (RESIDENTIAL). The developer shall pay a fee
proportional to the project's share of transportation improvements 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 request for Certificate of Occupancy is made. The
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fee shall be paid before issuance of the Certificate of Occupancy. The traffic impact
mitigation fee for this project using the current fee schedule is $4,464 for each of the 17
market -rate units. Two of the BMP units will be the credit for the existing single family house
and orchard. The final fee shall be calculated from the final plans using the rate schedule in
effect at the time of the request for Certificate of Occupancy.
24. TREE MAINTENANCE AGREEMENT. A five -year tree maintenance agreement shall be
entered into prior to the recordation of the final map.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY & MAINTENANCE
SERVICES:
25. FINAL LANDSCAPE PLAN. A final landscape plan shall be submitted during the
Architecture and Site approval process. This plan shall be consistent with the site plan.
26. TREES. Ten field grown Oak trees, 20 to 25 feet in height, or an approved equal as
determined by the Parks Superintendent, shall be planted along the Lark Avenue frontage
within the property boundaries.
27. WATER DISTRICT LANDSCAPE REQUIREMENTS. If the flood maps are not amended
prior to final occupancy of the last 10 percent of the units, the developer shall modify the
landscape plan and landscaping to meet the requirements of the Santa Clara Valley Water
District for the land adjoining the western part of the project site adjacent to the creek. This
area shall be planted with native trees and shrugs arranged in a randomly spaced and natural
matter.
28. MAINTENANCE PROGRAM. Existing trees shall be put on a maintenance program and
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recommendations by the Arborist shall be followed to preserve the trees. 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. Any
trenching within the dripline of existing trees shall be hand dug.
29. PROTECTIVE FENCING. 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.
30. NEW TREES. Newly planted trees shall be double- staked, using rubber tree ties and shall
be planted prior to acceptance of the subdivision. The field grown trees are not required to
be double staked.
31. IRRIGATION. All newly planted landscaping shall be irrigated by an in- ground irrigation
system. Special care shall be taken to avoid irrigation which will endanger existing native
trees and shrubs.
32. CONSTRUCTION. No construction or grading shall take place within the dripline of
existing trees.
33. AERATION TUBES. Any impervious area (excluding roadways) encroaching under the
dripline of existing trees shall have aeration tubes installed.
34. GENERAL. All existing and newly planted trees shown on the plan are specific subjects of
approval of this plan and must remain on site.
35. WATER EFFICIENCY. This project is subject to the Town's Water Efficient Landscape
Ordinance, Chapter 26, Article IV of the Town Code. A review fee based on current
resolution shall be paid when the landscape, irrigation plans and water calculations are
submitted for review.
36. TRAIL GATE. The developer shall install a gate and improve the trail from their project to
the Los Gatos Creek Trail subsequent to approval from the Santa Clara Valley Water District.
TO THE SATISFACTION OF THE DIRECTOR OF BUILDING AND ENGINEERING
SERVICES:
37. SITE ASSESSMENT. Prior to issuance of a building permit, the developer shall provide to
the Town a Site Assessment of the project site which determines whether or not there is
presence of hazardous materials in the site soils. The Assessment shall focus on the walnut
orchard where pesticides may have been applied and the outbuildings where pesticides may
have been stored. The Assessment shall provide appropriate recommendations for any
required soil remediation.
38 GENERAL. All public improvements shall be made according to the latest adopted Town
Standard Drawings and the Standard Specifications for Public Works Construction. All work
shall conform to the applicable Town ordinances. Adjacent public right -of -way shall be kept
clear of all job related dirt and debris at the end of day. Dirt and debris shall not be washed
into storm sewers. The storing of goods and materials on the sidewalk and /or 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
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the developer's expense.
39 PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the
Engineering Construction 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.
40 EROSION CONTROL. Interim and final erosion control plans shall be prepared and
submitted to the Engineering Development Section of the Planning Department. Grading
activities shall be limited to the period of least rainfall (April 15 to October 1). A maximum
of two weeks is allowed between clearing of an area and stabilizing /building on this area if
grading that is allowed to go on during the rainy season. In addition, straw bales and plastic
sheeting shall be stored on -site for emergency control, if needed. Install filter berms, check
dams, retention basins, silt fences, and straw bale dikes as needed on the project site, to
protect downstream water quality during winter months.
41. UTILITIES. The developer must agree to install all utility service, including telephone,
electric power, and other communications lines underground, according to Town policy.
Cable television capability shall be provided to all new houses.
42. 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, or
signs shall be repaired and replaced to a condition equal to or better than the original
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condition. Existing improvements 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.
43. CURB RAMPS. The developer shall construct two (2) curb ramps according to State
Standard Drawings at the crosswalk across the private street. The actual "Case" as shown
on the standard to be used will be decided by the Engineering Construction Inspector during
the construction phase.
44. AS- BUILT PLANS. After completion of the construction of all work in the public right -of-
way or easements, and before the release of the Faithful Performance Security, the original
plans shall have all changes (change orders and field changes) clearly marked. The "As- built"
plan shall again be signed and "wet- stamped" by the engineer of record, attesting to the
changes. The original plans shall then become the property of the Town.
45. ENCROACHMENT PERMIT. All work in the public right -of -way will require a
Construction Encroachment Permit. All work over $5,000 will require construction security.
46. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley
Sanitation District and approved by the Town of Los Gatos before they are used or reused.
Install a sanitary sewer lateral clean -out at the property line.
47. ASBESTOS. Prior to demolition of the existing residence and outbuildings, 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
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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 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.
48. DISABLED ACCESS. The residences shall be designed to include the following features:
a. Wooden backing (2 x 8 minimum) shall be provided in all bathroom walls at water
closet, shower and bathtub, located at 34 inches from the floor to the center of the
backing, suitable for the addition of grab bars.
b. All passage doors shall be at least 32- inches wide on accessible floor.
C. Primary entrance shall have a 36 -inch wide door including: a 5 -foot by 5 -foot level
landing no more than one inch out of the plane with the immediate interior floor level,
with an 18 -inch clearance at interior strike edge.
d. Door buzzer, bell or chime shall be "hard" wired.
TO THE SATISFACTION OF THE CENTRAL FIRE PROTECTION DISTRICT:
49. FIRE FLOW. Required fire flow is 1750 GPM at 20 psi, residual pressure.
50. HYDRANTS. Provide two public fire hydrants at locations to be determined jointly by the
Central Fire District and San Jose Water Company. Maximum hydrant spacing shall be 500
feet and the minimum single flow hydrant shall be 1500 gallons per minute at 20 psi. residual.
51. FIRE APPARATUS (ENGINE) ACCESS ROADS REQUIRED. Provide access roadways
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with a paved all weather surface and a minimum unobstructed width of 20 feet, vertical
clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23
feet inside, and a maximum slope of 15 %. Installations shall conform with Fire Department
Standard Details and Specifications A -1.
52. PARKING ALONG ROADWAYS. The required width of fire access roadways shall not be
obstructed in any manner. Parking shall not be allowed along roadways less than 28 feet in
width. Parking will be allowed along one side of the street for roadways 28 -3 5 feet in width.
For roadways equal to or greater than 36 feet, parking will be allowed on both sides of the
roadway. Roadway widths shall be measured face to face of curb. Parking spaces are based
on an 8 foot wide space.
53. FIRE LANE MARKING REQUIRED. Provide marking for all roadways within the project.
Markings shall be per fire department specifications. Installations shall also conform to Local
Government Standards and Fire Department Standard Details and Specifications A -6.
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SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on February 17, 1998, 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 March 2, 1998. This
ordinance takes effect 3 0 days after it is adopted.
COUNCIL MEMBERS:
AYES: Steven Blanton, Jan Hutchins, Mayor Linda Lubeck
NAYS: Randy Attaway, Joanne Benjamin
ABSENT None
ABSTAIN: None
SIGNED: C7�L4
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN LOS GATOS
LOS GATOS, CALIFORNIA
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RECOMMENDED by Plannin Commission date 10/22/97
Approved by Town C v • u cil date rd®
Town Clerk` a s M or <�