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Resolution 1391 RESOLUTION NO. 1391 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY GRANTING ON APPEAL THE APPLICATION OF DONALD S. KAVANAGH FOR A CONDITIONAL USE PERMIT TO ERECT MULTIPLE DWELLINGS INCLUDING 25 FOUR BEDROOM UNITS AND TEN FIVE BEDROOM UNITS IN AN R-3 DISTRICT NEAR THE SOUTHEAST CORNER OF MURRAY AVENUE AND I.O.O.F. AVENUE IN THE CITY OF GILROY. WHEREAS, DONALD S. KAVANAGH has filed an appeal in due form from Resolution No. 447 of the Planning Commission denying a conditional use permit to construct 35 apartment units including 25 four bedroom units and ten five bedroom units in an "R-3" Low Density Multiple Residential District near the southeast corner of Murray Avenue and I.O.O.F. Avenue on an 8.75 acre parcel at the southeast corner of Murray and I.O.O.F. Avenues, and notice of the hearing of said appeal has been given in the manner and for the period required by law and the Zoning Ordinance of the City of Gilroy; and WHEREAS, the said hearing on the appeal has been held on October 6, 1969, at 8:00 p.m. in the Council Chambers in the City Hall at No. 10 South Rosanna Street, Gilroy, California, and evidence was submitted upon the said application and appeal contrary to the findings of the Planning Commission, the City Council finds: (1) That the proposed use is properly located in relation to the General Plan and to the community as a whole and to other land used and to transportation and service facilities in the vicinity; and (2) That the proposed use, if it complies with all conditions upon which approval is made contingent, will not adversely affect other property in the vicinity or cause damage, hazard or nuisance to persons or property; and WHEREAS, the Planning Commission erred in denying the use permit based on a finding of extreme density, and /37/ WHEREAS, the City Council has determined on appeal that the said permit prayed for should be granted upon the following conditions: (1) That the use permit be issued subject to the condition that all improvements are to be constructed in accordance with the plans, specifications and designs filed with, and parking and landscaping are to be approved by, the Department of Public Works, or no building permit be issued. (2) That the use permit is conditioned on the execution of a development agreement by the applicant for on-site and off-site improvements in a form satisfactory to the City in accordance with applicable regulations. (3) That the use permit is valid only for one year. (4) That in addition to (2) above, the applicant shall upon application for a building permit contribute the cash sum of $15,000.00 to the City of Gilroy toward the cost of extending Chestnut Street to Lewis Street in order to relieve traffic congestion resulting from the contemplated improvements. (5) That due to the large size of the project, applicant shall agree with the City in writing to give first priority of occupancy to residents of the City of Gilroy and second priority of occupancy to residents of the Gilroy Unified School District so as to upgrade the housing available to present residents of the City and so as to avoid any undue additional burden on our local schools. (6) That applicant shall agree with the City in writing to furnish full time professional management for the project so as to provide proper maintenance of the grounds and to prevent public nuisances of any kind on the premises. In the event of unsightly conditions, policing problems and similar -2- matters of public concern, the City shall have the right to notify the owners of the project, and the applicant and successors in interest agree to take all necessary and reasonable measures to correct such problems. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Gilroy does hereby determine on appeal that the said use permit prayed for be and the same is hereby granted in accordance with the application upon the conditions that the said improvements be erected and located upon the premises hereinbefore mentioned in accordance with the plans, designs and other data filed with the Planning Commission and Council in connection with the application for use permit and this appeal, and upon the condition that the other conditions hereinbefore set forth be complied with. PASSED AND ADOPTED this 6th day of October, 1969, by the following vote: AYES: COUNCILMEMBERS: BATREZ, DUFFIN, KENNEDY, WENTWORTH and GOODRICH NOES: COUNCILMEMBERS: PATE, SILVA ABSENT: COUNC ILMEMBERS : None APPROVED: 7~~ ATTEST: -; J 7( ..} . ,', ,/ () \ / Vi,'; tt/N~h".. y- City Clerk '~ ' ,_ I". , Y J(''''ht -.; -3- I, SUSANNE E. STEI~~ETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 1391 i s an od 9 j na I resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 6th day of October , 19 69 . at which meeting a quorum was present. IN WITNESS WHEREOF, f have hereunto set my hand and affixed the official seal of the City of Gilroy, this 16th , 1962-. day of October / 7) /-) ,I /" \ ,oj ,?/t{?4."J;1'7?/../ ~. City Clerk of the City .--' vy t:(:4/#~t:L of G i I r oy