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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. -2- 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. -3- 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. -4- 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. -5- 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 -7- VMM MT -1 745 k" �y I WT WALLOP �rt�h I�lte1. Mj 11+- ��p��- LN.F T'N _fH Gtr ! kl C h 1 CL1- 4T L eh ITO 11 )b W r A r T Rr A i T 0W- Nj r `' L OJ � r &T -jo Application No. - - 2 - Change of zoning map Amending Town Zoning Ordinance Zone Change from i to r - � - — D Prezoning �� � �.. � t ® Approved by Planning Commission date Approved by Tow ; Council date _ March l�, - 7 9 Ord 121 Town Clerk M ayer 9- 2 m r 8. ® a HO pt u 'm y � o .l nZ m m m - umm 0-2 Z s0 a o � a cam RBI i ° o =4 o� 9m � zICN \ �► N k NA `= o �I I a Y C.il � S9P I , I