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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. N: \SHARE \PLNG401.18 N: \DEV \ORDS \17050R02.ORD 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. N: \SHARE \PLNG401.18 N: \DEV \ORDS \17050R02.ORD 2 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 N: \SHARE \PLNG401.18 N: \DEV \ORDS \17050R02.ORD 3 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 N: \SHARE \PLNG401.18 N: \DEV \ORDS \17050R02.ORD 4 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 N: \SHARE \PLNG401.18 N: \DEV \ORDS \17050RO2.ORD 5 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 N: \SHARE \PLNG401.18 N: \DEV \ORDS \17050R02.ORD 6 WE AK EA ®O ARK El Prezoning to DENIED y Planill Commission date m 12/13/9 _ Approved´┐Ż byv;, Couficll 0 d Town Clerk- Mayor Add'it'ional large attachments or exhibits have not been scanned. Please see original file for reference.