Ord 0799-ADDING SECTIONS 35.00 THROUGH AND INCLUDING 35. TO ORDINANCE NO, 392 OF THE TOWN OF LOS GATOS KNOWN AS THE "ZONING ORDINANCE OF THE TOWN OF LOS GATOSORDINANCE No. 799
AN ORDINANCE ADDING SECTIONS 35.00 THROUGH AND INCLUDING
35. TO ORD: NANCE NO, 392 OF THE TOWN OF LOS GATOS,
KNOWN AS THE "ZONING ORDINANCE OF THE TOWN OF LOS GATOS",
WHICH WILL ESTABLISH A NEW ZONING DISTRICT IN THE TOWN.,
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
Section 1. Sections 35.00 through 35.09.3 are added to "Zoning
Ordinance of the Town of Los Gatos ", to read as follows:
SECTION 35.00 "RPD" RESIDENTIAL PLANNED DEVELOPMENT DISTRICT
SECTION 35.01 APPLICATION
The regulations set forth in this Article shall apply in all RPD zoning
districts.
SECTION 35.02 INTENT
The RPD District is intended to provide for greater flexibility in large -
scale developments of residential and related uses; to encourage variety in the
development pattern of the community; to promote a more desirable living environment;
to encourage developers to use a more creative approach in land development; to provide
a means of reducing the amount of improvements required in development through better
design and land planning; to conserve natural features; and to facilitate the
provision of more desirable, aesthetic, and efficient use of open space. The creation
of public or private common open spaces is encouraged. Residential planned development
contemplates flexibility and variety in the location of dwelling units on the lot,
and diversity in lot sizes and dwelling types.
SECTION 35.03 ADOPTION OF RPD DISTRICTS
Any property may be zoned an RPD District in accordance with Section 22.00
provided the Town Council at the same time adopts an Official Development Plan
for such property in accordance with Section 35.06.6 in which case the Official
Development Plan shall become the zoning for the property, and provided that such
property:
a. is not less than five (5) contiguous acres.
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SECTION 35.04 USES PERMITTED
The following uses shall be permitted in the RPD District when they are
shown on the Official Development Plan adopted by the Town Council.
SECTION 35.04.1 One family attached and detached dwellings, two family
attached and detached dwellings, and multiple family dwellings.
SECTION 35.04.2 Accessory buildings and accessory uses.
SECTION 35.04.3 Public Parks and playgrounds.
SECTION 35.04.4 Common public and private open spaces.
SECTION 35.04.5 Hiking and riding trails.
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SECTION 35.04.6 s: = i; piaygr ( aunds ; community center, or other recreation
fdci1ity owned and operated by a nan- profit organisation:
SECTION 35.04.7 Private non - commercial clubs such as golf, swimming,
tennis and country clubs.
SECTION 35.04.8 Libraries, churches, public buildings, and educational,
charitable and philanthropic institutions, public utility and service uses.
SECTION 35.04.9 Neighborhood commercial uses of the C -i District, limited
to those listed permitted uses in said C -1 Zone District.
SECTION 35.05 STANDARDS
The following requirements shall govern the preparation and approval
of the Official Development Plan and shall apply in all RPD Districts.
SECTION 35.05.1 PUBLIC IMPROVEMENTS
The development shall not impose an undue burden on the public for
improvements necessary for the development as determined by the Planning Commission.
The development may be required to be done in stages if public facilities: ll not
be adequate to serve the development.
SECTION 35.05.2 COMPATIBLE WITH THE NEIGHBORHOOD
The plan shall preserve a unified and organized arrangement of building
and service facilities and improvements to insure compatibility with the neighborhood.
SECTION 35.05.3 COVERAGE
Buildings, structures, accessory buildings, accessory structures, and
parking structures shall not cover a total of more than 35 percent of the area of
a Residential Planned Development.
SECTION 35.05.4 DENSITY
Density shall mean the number of dwelling units permitted per net acre
and shall conform with the General Plan for the area.
The maximum density shall be based on net land area remaining after
deducting public streets, schools, flood control channels and the like, and areas
used for commercial purposes.
SECTION 35.05.5 OPEN SPACE
Open space is generally the land area to be used for scenic landscaping or
recreational purposes within the Planned Residential District.
a. Open space includes;
1. Land area of the site not covered by buildings, parking structures,
or accessory structures except recreational structures.
2. Land which is accessible and available to all occupants of
dwelling units for whose use the space is intended.
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b. Open space doe not include:
1. Proposed street rights -of -ways.
2. Open parking areas and driveways for the dwellings.
3. School sites.
4. Commercial areas, and the building, accessory buildings, parking
and loading facilities therefor.
5. Unsuitable land that cannot be used as scenic landscaping for
recreational area as determined by the Planning Commission.
SECTION 35.05.6 ACCEPTABILITY OF OPEN SPACE
Standards for required open space shall be adopted by Resolution of the
Planning Commission. Such standards shall require open space which will be adequate
for the recreational and leisure use of the population that will occupy the RPD
District and which will enhance the present or potential value of abutting or
surrounding development. insofar as possible, the Commission shall assure that
natural features of the land are preserved and landscaping is provided. In order
to assure that open space will be permanent, dedication of development rights to
the Town of Los Gatos may be required. Provisions for maintenance of open space
shall be reviewed and approved by the Planning Commission. Documents dedicating
development rights and provisions for maintenance of open space shall be reviewed
as to form by the Town Attorney.
SECTION 35.05.7 PUBLIC SITES
The applicant may dedicate suitable open space that is to be maintained by
a public agency. This includes public parks, playgrounds, trails, or other public
building sites. The applicant may be required to reserve sites for schools which
are adequate to serve the Residential Planned Development. School sites as required
shall be determined by the local School District and said school site shall not be
considered as part of the 45% open space requirement.
SECTION 35.05.8 COMMERCIAL DEVELOPMENTS
If commercial development Is to be included, it must be demonstrated that
it is needed at the proposed location; that traffic congestion shall not be created
by the proposed commercial development; that provision be made for internal traffic
and parking, and that development shall be attractive, efficient and fit harmoniously
into the neighborhood. Standards for commercial development shall be adopted by
Resolution of the Planning Commission.
SECTION 35.05.9 PERIPHERAL. YARDS
Along the periphery of an RPD District a yard at least as deep as that
required by the front yard regulations of each district adjoining the periphery shall
be provided on the portion of the periphery facing each such adjoining district unless
the Planning Commission determines that equal protection will be accorded contiguous
properties in varying the yard requirements.
SECTION 35.05.10 LIGHT AND AIR ORIENTATION AND DESIGN
The walls of multi- family dwellings containing main window exposures or
main entrances shall be so oriented and so designed as to insure adequate light and
air in accordance with accepted public health and architectural standards; avoid undue
exposure to the effects of traffic, loading and parking facilities; and preserve visual
and auditory privacy between buildings and uses.
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SECTION 35.05.11 TRAFFIC CONGESTION
The proposed RPD District shall be so located with regard to major
thoroughfares and uses outside the District that traffic congestion will not be
created by the proposed development.
SECTION 35,05.12 CIRCULATION
There shall be adequate vehicular and pedestrian circulation facilities
which shall be designed and arranged for safe and convenient use in accordance with
accepted site planning standards.
SECTION 35.05.13 PARKING AND LOADING SPACE REQUIREMENTS
The amount of space required for off - street parking and loading shall be
based on parking and loading standards adopted by Resolution of the Planning Commission.
SECTION 35.05.14 WASTE DISPOSAL FACILITIES
There shall be satisfactory design and location of collection points for
disposal of solid wastes.
SECTION 35.05.15 LIGHTING
Adequate lighting shall be provided.
SECTION 35.05.16 UNDERGROUND UTILITIES
The Planning Commission may require that all utilities must be underground.
SECTION 35.06 PROCEDURE FOR ADOPTION OF OFFICIAL DEVELOPMENT PLAN
SECTION 35.06.1 PETITION AND PRELIMINARY DEVELOPMENT PLAN
The property owner shall file a petition as prescribed in Section 22.00
and in addition shall file the following:
a. A Preliminary Development Plan, which may a sketch map drawn to
scale, for the proposed Residential Planned Development showing:
1.. A land use plan for the proposed district showing the uses permitted
in Section 35.0 If neighborhood serving commercial or professional
office uses are proposed within the district, there shall be
submitted with the Preliminary Development Plan a market analysis
demonstrating the need for such commercial and professional office
uses within the district in the types, amounts, and locations
proposed.
2. Any areas proposed to be dedicated or reserved for interior circulation,
public parks, playgrounds, school sites, public buildings, or otherwise
dedicated or reserved, and open spaces to which development rights
are proposed to be dedicated to the public.
3. A general circulation plan indicating the proposed movement and
relative volumes of vehicles, goods, and pedestrians within the
district, and to and from adjacent public thoroughfares.
4. The stages to be built in progression, if any.
5. The land ownership.
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b. A time schedule for development including stage construction, if any.
c. Tables showing the total number of acres and their distribution by use,
the percentage designated for each dwelling type and for non-residential uses,
including off-street parking, streets, parks, playgrounds, schools, and open spaces
as shown on the Preliminary Development Plan.
d. Tables showing the over -all density of proposed residential development,
showing density by dwelling types.
e. Written consent of all persons owning an interest in the property..
f. Such other information as the Planning Commission may require.
SECTION 35.06.2 ARCHITECTURAL AND SITE APPROVAL COMMITTEE REPORT
Immediately after a petition requesting an RPD district has been submitted,
the Architectural and Site Approval Committee shall review said petition and
Preliminary Development Plan and shall then prepare a written report to accompany
the petition to the Planning Commission at the Public Hearing. The Architectural
and Site Approval Committee report shall contain a report from the Planning Department
staff which shall include at least the following;
a. A map showing the existing zoning of the subject property and the
adjoining properties regardless of jurisdiction.
b. A relatively current existing land use map of the area within 1000 feet
of the subject property.
c. Comments which may be illustrated with drawings or maps as to whether
the proposal generally conforms to the adopted General Plan or interim General Plan
if such is the case. This includes comments regarding the effect of this proposal
on the circulation density, and land use elements of the General Plan.
d. General design comments.
e. Any comments deemed appropriate by the staff.
f.. Any illustrative drawings, maps, or plans deemed appropriate by the
staff.
SECTION 35.06.3 PUBLIC HEARING BEFORE PLANNING COMMISSION
At the time and place set for the public hearin3 u�� =ore the Planning
Commission on the reclassification of said property to an RPD District, the Planning
Commission shall consider the Architectural and Site Approval Committee report,
density and Preliminary Development Plan for compliance with the requirements of
this article, and shall either:
a. Disapprove the petition and abandon proceedings thereon; or
b. Continue the public hearing to a date certain and refer the petition
to.the Architectural and Site Approval Committee and petitioner with the instructions
to 'prepare a Proposed Development Plan. The Commission shall determine the uses
to be permitted, the amount, types, and location of such uses, and the maximum
permitted number of dwelling units per acre:
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SECTION 35.06.4 PROPOSED DEVELOPMENT PLAN
A tentative subdivision map may be filed as p'rescribed.i,n the Town of Los
Gatos Subdivision Ordinance and made a part of the Proposed Development Plan. The
Proposed Development Plan shall include the following, together with appropriate
dimensions:
a. Identification and description.
1. Proposed name
2. Location by legal description.
3. Names and addresses of applicant and designer who made the plan.
4. Scale of plan, preferably W to 100
5. Date.
6. Northpoint.
b. Existing conditions.
1. Contours at an interval to be specified by the Architectural and
Site Approval Committee.
2. Boundary line of proposed planned development, indicated by a
solid line, and the total acreage therein.
3. Location, widths, and names of all existing or prior plotted streets
or other public ways, railroad and utility rights of way, parks
and other public open spaces, permanent buildings and structures
and their use, permanent easements and city boundaries within 500
feet of the development.
4. Existing sewers, water mains, culverts, and other underground
facilities within the development indicating pipe sizes, grades,
manholes, and their exact locations.
5. The land ownership.
c. Proposed conditions
LAND USE.
1. A land use plan indicating the uses permitted in Section 35.04.
2. Any areas proposed to be dedicated or reserved for interior
circulation, public parks, playgrounds, school sites, public
building, or otherwise dedicated or reserved to the public.
3. Open space that is to be maintained and controlled by the owners
of the property and their successors in interest, but is to be
available for the recreational and leisure use of the occupants
of the Residential Planned Development District; development
rights to such open space shall be dedicated to the Town of Los
Gatos.
4. Contours as they will be after development.
5. Drainage system and sanitary sewers.
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CIRCULATION
6. A street system and lot design with appropriate dimensions.
A traffic flow map showing circulation patterns within and adjacent
to the proposed development. Any special engineering features
and traffic regulation devices needed to facilitate or insure the
safety of the circulation pattern shall be shown.
8. Location and dimensions of pedestrian walkways, malls, or other
trails.
PARKING AND LOADiNG
9. Location, arrangement, number and dimensions of automobile garages
and parking spaces, width of aisles, width of bays, and angle of
parking.
10. Location arrangement, and dimensions of truck loading spaces and
docks.
ARCHITECTURAL PLANS
li. Types of buildings and their site location.
12. Preliminary architectural plans and elevations of typical buildings
and structures, indicating the general height, bulk, general
appearance, and number of dwelling units. Perspective drawings
of the development may be required.
LANDSCAPING
13. A preliminary tree planting and landscaping plan, including
ground cover, finiwhed grades, slopes, banks, and ditches. All
existing trees over 12 inches in diameter and groves of trees
where trees are concentrated shall be shown. Trees to be removed
by development shall be so marked.
14. The approximate location, height, and materials of all walls,
fences, and screen planting.
MISCELLANEOUS
15. Tables showing the total number of acres and their distribution
by use, the percentage designated for each dwelling type and for
nonresidential uses, including off - street parking, streets, parks,
playgrounds, schools and open spaces as shown on the Proposed
Development Plan.
16. Tables showing the over -all density of the proposed residential
development and showing density by dwelling types.
17. Drafts of appropriate restrictive covenants, drafts of documents
providing for the maintenance of any common open space, drafts of
required dedications or reservations of public open spaces, and
drafts of any dedications of development rights.
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18. For purposes of information, a time schedule indicating when
construction is to begin,. the anticipated rate of development,
and the approximate completion date.
19.. For purposes of information, the stages, if any, to be constructed
in the development of the Residential Planned Development. Such
stages shall be clearly indicated on the Proposed 'Development Plan.
20. Written consent of all persons owning an interest in said property.
21. Such other information as the Planning Commission may require.
SECTION 35.06.5 CONTINUED PUBLIC HEARING BEFORE PLANNING COMMISSION
At the time and place set for the continued public hearing before the
Planning Commission, said Commission shall consider the petition, the Proposed
Development Plan, tentative subdivision map, if any, density, and any other information
available and shall either:
a. Approve the petition and the Proposed Development Plan as being in
compliance with the requirements and intent of this Article and refer the petition
and Proposed Development Plan to the Town Council with its recommendation that the
RPD District be established on said property; or
b. Continue the public hearing to a date certain and refer the petition
and Proposed Development Plan back to the Architectural and Site Approval Committee
and the petitioner with recommendations as to amending the petition and Proposed
Development Plan to be consistent with the requirements and intent of this Article; or
thereon.
c. Disapprove the petition and the development plan and abandon proceedings
SECTION 35.06.6 ACTION BY THE TOWN COUNCIL
At the time and place set for public hearings on the change in zoning to
an RPD District before the Town Council, the Council shall consider the Proposed
Development Plan recommended by the Planning Commission for compliance with the
requirements and intent of this Article, and shall either:
a. Adopt and ordinance rezoning the property as an RPD District and adopt
the Proposed Development Plan as the Official Development Plan. The total number
of permitted dwelling units shall be calculated by multiplying the permitted
number of dwelling units per acre times the area of the RPD District excluding the
area of existing and proposed street rights of way, commercial area, off- street
parking and loading areas therefor, school sites, and other land unsuitable for
development. Density shall conform to General Plan density of area.
At the time the Town Council adopts the Official Development Plan, it shall
indicate whether it will accept, conditionally accept, or reject all offers of
dedication of development rights. Letters indicating acceptance of any appropriate
dedications by other governmental agencies shall also be presented to the Council
at this time; or
b. Continue the public hearing to a date certain and refer the petition
and Proposed Development Plan to the Planning Commission and petitioner with
recommendations as to amending said petition and Proposed Development Plan to be
consistent with the requirements and intent of this Article; or
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c. Disapprove the petition and Proposed Development Plan and abandon
proceedings thereon.
SECTION 35.06.7 FILING OF OFFICIAL DEVELOPMENT PLAN
Certified copies of the Official Development Plan shall be filed in the
offices of the Clerk of the Town of Los Gatos and the Secretary of the Planning
Commission.
SECTION 35.06.8 RECORDING OF NOTICE OF OFFICIAL DEVELOPMENT PLAN
The owners of the property rezoned as RPD District shall sign, as grantors,
notice that the Official Development Plan constitutes the zoning for the property.
Such notice shall contain a legal description of the property, refer to the
certified copy of the Official Development Plan filed in the Office of the Clerk
of the Town of Los Gatos and be acknowledged, The notice shall be recorded in
the Office of the County Recorder.
SECTION 35.07 FINAL SUBDIVISION MAP
No building permit shall be issued until a final subdivision map, if
required, has been prepared for the entire RPD District or any approved stage
thereof and approved by the Town Council in compliance with the Town of Los Gatos
Subdivision Ordinance.
SECTION 35.07.1 DEDICATION AND IMPROVEMENTS
At the time the Town Council adopts the Final Subdivision map, it shad
accept, conditionally accept, or reject all offers of dedication, documents
required, determine improvements to be installed, and accept agreements and bonds
for their installation.
SECTION 35.07.2 RELATIONSHIP OF RPD PROCEDURES TO OTHER ORDIUANCES
Compliance with the provisions of this Article does not relieve the
applicant from compliance with the subdivision ordinance or any other applicable
ordinances of the Town of Los Gatos. Subdivision maps for the same property may
be processed concurrently with the maps required under this Article.
SECTION 35.08 PROCEDURE PRIOR TO ISSUANCE OF BUILDING PERMIT
No building permit shall be issued for any building, structure, or use
which does not conform to the Official Development Plan.
SECTION 35.08.1 DEDICATION PRIOR TO ISSUANCE OF FIRST BUILDING PERMIT
To assure that open space shall be available for the entire developed
RPD District, public sites and development rights to required open spaces shall
be dedicated in advance of development. In any event, whether a subdivision map
is required or not, dedication of public sites and development rights to required
open spaces for the entire RPD District shall be made before the first building
permit is issued. Other dedications may be required before the issuance of the
first building permit.
SECTION 35.08.2
No work, including site grading or rough grading of streets or tree or
brush removal other than that necessary for surveying, shall be commenced prior to
the issuance of said permit.
SECTION 35.08.3 COMPLIANCE WITH OFFICIAL DEVELOPMENT PLAN
Prior to the issuance of a building permit, architectural and site
approval shall be secured as provided in Section 14 of Ordinance No. 392. In addition
to the requirements of Section 14, the Commission shall grant architectural and
site approval only if the plans conform to the Official Development Plan.
SECTION 35.09 PROCEDURE AFTER ADOPTION OF THE OFFICIAL DEVELOPMENT PLAN
SECTION 35.09.1 MINOR CHANGES IN OFFICIAL. DEVELOPMENT PLAN
Minor changes in the adopted Official Development Plan may be approved
by the Architectural and Site Approval Committee, provided that such changes:
1. Do not change the densities established by the ordinance.
2. Do not change the boundaries of the subject property.
3. Do not change any use as shown on the Official Development Plan.
4. Do not change the location or amounts of land devoted to specified
land uses on the Official Development Plan.
5. Do not change the intent of the development plan as approved by
the Town Council.
6. Do not alter the spirit of the architectural. design as originally
approved.
SECTION 35.09.2 MAJOR CHANGES IN OFFICIAL DEVELOPMENT PLAN
Changes in the plan after it has been adopted by the Town Council shall
be considered the same as if a new petition were filed and shall be made in
accordance with the requirements of this Section.
SECTION 35.09.3 INSPECTION OF PROGRESS AND COMPLIANCE WITH PLANS
From time to time the Planning Director shall inspect the development for
compliance with the Official Development Plan and time schedule and report his
findings to the Panning Commission. The Planning Commission may review the RPD
District and determine whether or not its continuation in whole or part is in the
public interest, and if found not to be may initiate proceedings under Section
22.00 to remove the RPD District from said property or any part thereof.
Section 2. This Ordinance shall take effect and be in force thirty (30)
days from and after date of its passage and before the expiration of fifteen (15)
days after its passage it shall be published once with the names of the members voting
for and against the same in the Los Gatos Times- Saratoga Observer, a newspaper
published in the Town of Los Gatos.
Introduced at a regular meeting of the Town Council of the Town of Los Gatos,
State of California, held on the 7� day of December 19 .
PASSED AND ADOPTED AS AN ORDINANCE OF THE TOWN OF LOS GATOS CALIFORNIA,
AT ��REGULAR MEETING OF THE TOWN COUNCIL THEREOF, held on the ��.14th day of U
19�, by the following vote:
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AYES: COUNCILMEN: Alberto E. Merr ill,
Joe Whelan
Henry C. Cral.l
NOES: COUNCILMEN: N o n e
ABSENT: COUNCILMEN: Ego Jensen
Joh Linc
VICE -MAYOR HE TOWN OF LOS GATOS
ATTEST:
a f a
CLCL 6 OF THE ! OW ?F LOSSGGATOS