Ord 1421 - AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. 27 FROM C -2, RM:5 -20 AND RM:5- 20 LHP TO C -2 -PD, RM:5 -20 -PD AND RM:5- 20- LHP -PDORDINANCE NO. 1421
AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING
THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO.
27 FROM C -2, RM:5 -20 AND RM:5- 20 -LHP
TO C -2 -PD, RM:5 -20 -PD AND RM:5- 20- LHP -PD
THE TOWN COUNCIL OF THE TOWN Of LOS GATOS DOES ORDAIN:
SECTION 1.
The Zoning Ordinance of the Town of Los Gatos is amended to change
the zoning of property shown on the map attached hereto marked Exhibit A and
which is part of this ordinance, as follows:
Part A: From C -2 (Central Business District Commercial)'to C -2 -PD
(Central Business District Commercial - Planned Development).
Part B: From C -2 and RM:5 -20 (Multiple Family Residential: 5 -20 dwellings
per net acre) to RM :5 -20 -PD (Multiple Family Residential: 5 -20
dwellings per net acre - Planned Development).
Part C: From RM:5- 20 -LHP (Multiple Family Residential: 5 -20 dwellings
per net acre - Landmark and Historic Preservation) to RM:5- 20- LHP -PD
(Multiple Family Residential: 5 -20 dwellings per net acre - Landmark
and Historic Preservation - Planned Development).
SECTION 2.
Uses and Improvements Authorized
The PD (Planned Development Overlay) zone established by this ordinance
authorizes the following construction and use of improvements:
PART A (C -2 -PD zone)
1. A commercial building, gross floor area not to exceed 5,640 square
feet. The uses permitted are those specified in the C -2 zone by
section 4.56.020 (Permitted Uses) and sections 4.56.030 and 5.20.205
(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 4.56.030 or
5.20.205 is allowed unless specifically authorized by this ordinance,
or by conditional use permit, excepting (1) banks, and (2) savings
and loan offices, which are permitted uses.
2. 16 off - street parking spaces.
3. Landscaping, walkways, driveways and other improvements shown and
required on the Official Development Plan.
PART B (RM:5 -20 -PD zone)
1. Two multiple dwelling structures -- building number one (located on the
upper level of the property) containing 21 condominium units and
building number two (located on the lower level of the property)
containing 27 condominium units, four of which are designated for
sale and occupancy under the Below Market Rate (BMR) Program. If
the Town has not adopted a BMR program by August 1, 1979 or
before issuance of the building permit for building number two,
whichever occurs later, the building may only contain 24 condominium
units, none of which are subject to the BMR program.
For the purpose of this ordinance adoption of a BMR program means
(1) the adoption by the Town Council of a resolution amending the
General Plan regarding a BMR program and (2) adoption of an ordinance
providing in substance that there is in the Town of Los Gatos a
Below Market Rate Housing program. A BMR program requires the
reservation of dwellings (or payment of an in -lieu fee) for the
purpose of sale to the Town or to buyer of moderate income (according
to standards established by the Town).
2. Parking for the residential condominium units at a ratio of 2 spaces
for each one bedroom unit and three spaces for each two and three
bedroom unit.
3. Eight parking spaces designated for off -site commercial building
(Part A) parking.
4. A common recreation area consisting of swimming pool and sauna.
5. A plaza for the joint use of the commercial building and the condominium
units.
6. A portion of the Los Gatos Creek Trail.
7. An emergency access road from Part B to New York Avenue.
8. Landscaping, walkways, private street, driveways, and other improvements
shown and required on the Official Development Plan.
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PART C (RM:5 -20- LHP -PD zone)
1. The Forbes Mill Annex Building. The Forbes Mill Annex Building and
the surrounding property in Part C is to be used as a Town owned
park, or any other uses approved by the Town Council.
2. 13 parking spaces.
3. A portion of the Los Gatos Creek Trail.
4. Landscaping, walkways, and other improvements shown and required
on the Official Development Plan.
SECTION 3.
Compliance With Other Development Standards
PART A (C -2 -PD zone
The development standards of the Zoning Ordinance sections 4.40.080
(projections allowed into yards) and 4.56.070 (building height) apply.
The development standards of Zoning Ordinance section 4.56.060 (,yards)
apply, but are amended to (1) omit any requirement for a masonry wall at
either property line adjacent to the R- M:5 -20 -PD zone, (2) omit the require-
ment for a yard adjacent to the R- M:5 -20 -PD zone, and (3) permit the parking
lot trellis to project into the required front yard as determined by
Architecture and Site Approval. The requirements of section 3.42.020
(location of required off- street parking spaces) are amended to allow
eight of the required 24 parking spaces for Part A to be located on Part B.
PART B (RM:5 -20 -PD zone)
The development standards of the Zoning Ordinance sections 4.32.080
(location of buildings and courts), 4.32.090 (yards), 4.32.110 (lot
area coverage), and 3.05.030 (recreational open space for residential
condominiums) shall apply. The requirements of section 4.32.100 (height)
are amended to permit the height for any principal building to be not
more than three stories over cellar parking nor over 35 feet above grade.
PART C (RM:5 -20- LHP -PD zone
The provisions of Chapter 4.86 (Landmark and Historic Preservation
Overlay Zone) and Ordinance No. 1145 (designating Forbes Mill Annex as
historically and culturally significant) apply.
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SECTION 4.
Permits
Architectural 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
4.52.120 of the Zoning Ordinance.
SECTION 5.
Official Development Plan
In addition to Exhibit A, the attached Exhibit B (site plan), Exhibit C
(building elevations) and Exhibit D (preliminary grading and walkway plan) 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 owner shall convey or procure the conveyance of the following
property rights to the Town in a manner satisfactory to the Town
Engineer and Town Attorney concurrently with recordation of any sub-
division map. The instruments of conveyance shall be delivered to
the Town with the final map for acceptance and recording. The
instruments will contain appropriate language concerning the owner's
and his successors' obligations of maintenance specified in this
ordinance or in any subdivision condition.
a. Fee title to Forbes Mill and adjacent land (Part C). The
attached Exhibit A is approximate, but the 36 foot separation
between the building and the northeasterly boundary must be
maintained.
b. An easement for the Los Gatos Creek Trail across the property.
C. A public access easement in gross from Church Street to Forbes
Mill including a turnaround near Forbes Mill.
d. An emergency access easement from Church Street to New York
Avenue, the southerly portion of which will coincide with the
easement described in part 1. c. of this section 5. Except
in time of emergency, that portion of this easement which
lies on Part B shall not be used without permission of the
current owner of the fee, except by emergency vehicles.
e. Public pedestrian easements from Main Street, from Church Street,
and from the High School property to Forbes Mill and to and over
the existing pedestrian bridge over Highway 17.
f. Storm and sanitary sewer easements as required.
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2. The applicant shall guarantee by contract and bond the following
improvements to the satisfaction of the Town Engineer.
a. Forbes Mill Access Road A 24 -foot curb -to -curb roadway
from Church Street to Forbes Mill including a backing area and
turnaround northeasterly of Forbes Mill and 13 parking spaces
contiguous to the Forbes Mill access road.
b. Los Gatos Creek Trail A continuous 10- foot -wide trail from
the northeasterly property line of Part B to the southwesterly
property line of Part C.
C. Pedestrian Walkways (4 -foot minimum width) as follows:
1. Main Street to Forbes Mill.
2. Church Street to Forbes Mill.
3.
Forbes
Mill
to the
pedestrian
bridge.
4.
Forbes
Mill
access
road to the
High School property.
d. Emergency Access 'Road A 12 -foot -wide roadway- wit.h•rsurfac7_ng
acceptable. to High School; Distr'i -ct' from the -Forbes Mill Access
Road to New,Yo.rk A -'with emerg.ency:.vehicl;e gates -at -both
ends or'.i'ht+erme :di ate:.a ocati n as requi red. by -the Po_l.i ce.
'Fire:- Chiefs;.'; N.e3ther- bi's roadway nor; the.,:rogte it .w 1. ;fo:llow
shall, be ... as a construction road for the project.
e. Private Driveway A 24 -foot curb -to -curb, paved driveway.
f. Storm and sanitary sewers and utilities as required.
g. Replacement of curbs, gutters and sidewalks on the Main Street
and Church Street frontages as requested.
h. Improvement of the appearance of the Highway 17 pedestrian
bridge as determined in the architectural and site approval
process.
i. Undergrounding all utilities within the PD zones created by
this Ordinance.
j. Relocation of existing underground utilities to clear structures.
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3. Maintenance of Roadways
The owners of Part B shall enter into an agreement with the Town
binding themselves and successors in interest jointly and severally
to maintain (1) the emergency access road, (2) Forbes Mill access
road, (3) all public pedestrian walkways (except Los Gatos Creek
Trail), and (4) the pedestrian bridge over Highway 17 in good
condition in perpetuity. The agreement shall run with the land,
shall be recorded, shall include provisions that in the event of
default the Town may perform reasonable maintenance work and that
the amount of the cost of such work shall be a lien against the
land and improvements on Part B with provisions for foreclosure.
Recordation shall take place concurrently with a recording of the
subdivision map.
4. The applicant shall renovate the existing Forbes Mill structure
and adjacent land as specified in an agreement between the Town
and the applicant, approved by the Town Council. Performance
of that agreement and payments for labor and materials shall be
secured by bonds.
5. Precise grading, drainage, exterior lighting, and traffic
circulation plans shall be submitted to and approved by the Town
Engineer.
6. A soils report with grading, foundation, retaining wall, and
pavement design criteria shall be submitted to the Town Engineer
for his review and subject to his approval.
7. The applicant shall enter into an agreement satisfactory to the
Town Council, guaranteeing their cooperation in the future develop-
ment of parking facilities to serve Main Street fronting properties
to the west of the applicant's property.
8. Project signs are subject to the provisions of Chapters 3.30 and
3.39 of the Zoning Ordinance.
9. The project developer shall hire a noise consultant. The noise
consultant shall write an acoustical report which shall be
submitted to the Town Engineer and Chief Building Official for their
review and subject to their approval. Air conditioning shall be
provided for selected units as recommended by the acoustical
report and determined at the time of Architecture and Site Approval.
10. Any subdivision map filed for the property shall include the
following permanent appurtenant easements and shall provide that
all conveyances or encumbrances of Part A and Part B include the
easement rights and are subject to the easement burdens, regardless
of whether the easements are mentioned in the instruments of
conveyance or encumbrance.
Eastment No. 1: Dominant tenement -Part A; servient tenement- -Part B
The owners and invitees of Part A have the exclusive right to
park eight cars in Town of Los Gatos standard parking spaces located
on Part B during all of Part A business hours only. The easement will
include rights of access for Part A with no obligation to maintain the
parking spaces or access way.
Easement No. 2: Dominant tenement - -Part B; servient tenement- -Part A
The owners and invitees of Part B have a non - exclusive right to
park 16 cars in Town of Los Gatos standard parking spaces located on
Part A, during Part A non - business hours. The easement will include
rights of access for Part B with no obligation to maintain the parking
spaces or access way.
11. Notwithstanding any other provisions of the Zoning Ordinance, each
condominium unit will require the issuance of a separate Certificate
of Use and Occupancy prior to initial occupancy of that unit.
12. The restoration of Forbes Mill shall be completed subject to acceptance
of the Town prior to the issuance of a Certificate of Use and Occupancy
for the 26th unit or the last unit of either -of the two buildings, whichever
happens first.
SECTION 6.
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 January 15,1979 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 19,1979
AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrito, Mardi Gualtieri,
Peter W. Siemens and John B. Lochner
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMB
SIGNED:
ATTEST:
CLERK OF THE TOWN F LOS GPM
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Application No. - - 2 -
Change of zoning map
Amending
Town Zoning Ordinance
Zone Change
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D Prezoning
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Approved by Planning Commission date
Approved by Tow ; Council
date _ March l�, - 7 9 Ord 121
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