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
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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
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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:
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ATTEST:
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City Clerk
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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
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City Clerk of the City
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