4�oWN of MEETING DATE: 11/19/12
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ITEM NO:
9
�0s GAS °g COUNCIL AGENDA REPORT
DATE: NOVEMBER 8, 2012
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: PLANNED DEVELOPMENT APPLICATION PD -12 -002. PROJECT
LOCATION: 626 W. PARR AVENUE (AKA 612 W. PARR AVENUE)
PROPERTY OWNER: VILLA VASONA LTD. APPLICANT: HIGHLAND
PROPERTY DEVELOPMENT. APN: 406 -28 -034.
ADOPT AN ORDINANCE MODIFYING AN EXISTING PLANNED
DEVELOPMENT ORDINANCE TO REMOVE EXISTING COVENANTS
THAT ARE NO LONGER VALID ON PROPERTY ZONED R- 1:8:PD.
RECOMMENDATION
Adopt the attached ordinance (Ordinance 2211) modifying Ordinance 1698 and amending the
Zoning Ordinance effectuating a zone change from R- 1:8:PD to R- 1:8:PD for the property
located at 626 W. Parr Avenue (AKA 612 W. Parr Avenue).
DISCUSSION
On November 5, 2012, the Council considered and voted to introduce an ordinance modifying
Ordinance 1698 and amending the Zoning Ordinance effectuating a zone change from R- 1:8:PD
to R- 1:8:PD for the property located at 626 W. Parr Avenue (AKA 612 W. Parr Avenue).
Adoption of the ordinance would finalize that decision. Attachment 1 is the final ordinance.
ATTACHMENTS:
1. Ordinance 2211 (includes Exhibit A, Map of the PD Overlay; and Exhibits B -I (Official
Development Plans) of Ordinance 1698, previously submitted)
Distribution:
Highland Property Development LLC, 250 W. Colorado Blvd., Ste. 210, Arcadia, CA 91007,
Attn: Paul Patierno
TC:JP :ct
PREPARED BY: Todd Capurso, Acting Director of Community Development
Reviewed by: , Assistant Town Manager Town Attorney Finance
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ORDINANCE 2211
ORDINANCE OF THE TOWN OF LOS GATOS
MODIFYING ORDINANCE 1698 AND
AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE
FROM R- 1:8:PD TO R- 1:8:PD FOR PROPERTY AT
626 W. PARR AVENUE (AKA 612 W. PARR AVENUE) (APN 406 -28 -034)
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 modify Ordinance 1698 and
to change the zoning on property at 626 W. Parr Avenue (AKA 612 W. Parr Avenue) (Santa Clara
County Assessor Parcel Numbers 406 -28 -034) as shown on the map attached hereto as Exhibit A,
and is part of this Ordinance, from R- 1:8 :PD (Single Family Residential, Planned Development) to
R- 1 :8 :PD (Single Family Residential, Planned Development),
SECTION II
The PD (Planned Development Overlay) zone established by this Ordinance authorizes the
following:
1. One hundred and seven (107) apartments to be used by senior citizens, including ten (10)
units designed for the physically handicapped.
2. Landscaping, parking, and other site improvements shown and required on the Official
Development Plan for Ordinance 1698.
3. Uses permitted are those specified in the underlying R -1:8 (Single Family Residential) zone
by Sections 29.40.385 (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.
ATTACHMENT 1
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 construction 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 Exhibits B -I (Official Development Plans) of Ordinance
1698, 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
1. APPROVAL: This application has been completed in accordance with all of the conditions of
approval listed below and in substantial compliance with the plans approved and noted as
Official Development Plans of Ordinance 1698. 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 parry 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, and may be secured
to the satisfaction of the Town Attorney.
3. AFFORDABILITY: The one hundred and seven (107) apartments are to be used by senior
citizens, including ten (10) units designed for the physically handicapped and shall be rented to
individuals who have income at or below sixty percent (60 %) of the median income for Santa
Clara County.
4. SUBORDINATE AGREEMENTS: The following Agreements are in place and contain
additional regulations and /or requirements:
• Regulatory Agreement and Declaration of Restrictive Covenants
• Property Disposition Agreement
• Ground Lease and Memorandum of Ground Lease
• Termination of Agreement for Disposition of Property
These Agreements may be modified in the future by the Town Council.
SECTION VI
This Ordinance was.ntroduced at a regular meeting of the Town Council of the Town of Los
Gatos on November 5, 2012, 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 November 19, 2012, and
becomes effective on the later of (i) the date of recordation of the Memorandum of Ground Lease
and the Regulatory Agreement or (ii) 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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15400 Los Gatos - boulevard 1-
Change of zoning map amending the Town Zoning Ordinance.
Approved by Town Council Date: November 19, 2012 Ord: 2211
Clerk Administrator Mayor
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EXHIBIT A
of Attachment 1
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