Resolution 1994-59
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RESOLUTION NO. 94-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING A/S 94-12, AN APPLICATION
FOR ARCHITECTURAL AND SITE REVIEW OF A PLANNED
UNIT DEVELOPMENT FOR CONSTRUCTION OF A 56-
UNIT APARTMENT PROJECT (REPRESENTING THE FIRST
PHASE OF A LARGER aO-UNIT COMPLEX) ON
APPROXIMATELY 4 ACRES OF PROPERTY ZONED R4-
PUD (APARTMENT COMPLEX, PLANNED UNIT
DEVELOPMENT), LOCATED AT THE SOUTHEAST CORNER
OF KERN AVENUE AND WELBURN AVENUE, APN 790-
22-071
WHEREAS, Albert Fortino has submitted A/S 94-12, an
application for architectural and site plan review of a planned
unit development, for the purpose of constructing a 56-unit
apartment project (representing the first phase of a larger ao-
unit complex) on approximately 4 acres of property zoned R4-PUD
(Apartment Complex, Planned Unit Development); and
WHEREAS, the property affected by A/S 94-12 is located
at the Southeast corner of Kern Avenue and Welburn Avenue, APN 790-
22-071, such land being indicated by a map attached hereto as
Exhibit "A" and incorporated herein by this reference; and
WHEREAS, the City Council certified on September 21, 1992
in accordance with the California Environmental Quality Act
("CEQA"), a Negative Declaration for Z 90-12 with mitigation
measures; and
WHEREAS, Z 90-12 included the property associated with
A/S 94-12; and
WHEREAS, the Planning Commission held a duly noticed
public hearing on A/S 94-12 on July 7, 1994, and after that hearing
unanimously recommended that the city Council approve the project,
subject to twenty conditions recommended by staff which conditions
are attached hereto as Exhibit "B" and incorporated herein by this
reference.
RESOLUTION NO. 94-59
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NOW, THEREFORE, BE IT RESOLVED THAT:
SECTION I
The city council hereby finds that AjS 94-12 complies
with all the required findings required to grant Planned Unit
Development (l'PUD") approval as set forth in subsections A. through
I. of section 50.55 of the Gilroy Zoning Ordinance.
SECTION II
The city council hereby finds, consistent with the
requirements of Public Resources Code section 21083.3, that:
1. This project is consistent with the Gilroy zoning
Ordinance as amended by Z 90-12;
2. The City previously certified a negative declaration
with mitigation measures for Z 90-12;
3. There are no offsite or onsite environmental effects
peculiar to this project which were not addressed as significant
effects in the negative declaration prepared for Z 90-12;
4. There is no new information showing environmental
effects to be more significant than described in the negative
declaration for Z 90-12; and
5. The City will undertake any feasible mitigation
measures specified in the negative declaration prepared for Z 90-
12 relevant to a significant effect which the project, A/S 94-12,
will have on the envi.ronment.
SECTION III
A/S 94-12 should be and is hereby approved, subject to
the twenty conditions attached hereto and incorporated herein as
Exhibit "B," to allow construction of a 56-unit apartment project
(representing the first phase of a larger 80-unit complex) on
approximately 4 acres of property zoned R4-PUD (Apartment Complex,
Planned unit Development), located at the southeast corner of Kern
Avenue and Welburn Avenue, APN 790-22-071, as such land is shown
in Exhibit "A."
RESOLUTION NO. 94-59
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PASSED AND ADOPTED this 25th day of July, 1994 by the
following vote:
AYES:
COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS,
ROWLISON, VALDEZ, GAGE
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
AP;f:JJ J,. ..
Donald F. Gage, ~
ATTEST:
RESOLUTION NO. 94-59
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I HENRY
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· . NORTH
MILLERS SUBOIVISIOH OFFICE OF COU"Ty ASSESSOlt a"T~ CLA"A COU"T
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ANIMAS RANCHLOT -. _ TRACT. N- :1/92
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staff Report POD: A.94-12
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06/30/94
RBC
that the Planning Commission forward a recommen
to approve this request for the following r
(A) The proposed project conforms to the
property on the eral plan map, and is
the text of the Gene 1 plan document~
u esignation for the
stent with the intent of
(8)
and
(C) There will be no gnificant environmen
project due t e required mitigation
developme stage~ and
as a result of this
be applied at the
mitted, the proposed development is consistent ith the necessary
A through I, as stated under Zoning ordina
In addition. staff recommends the followinq conditions be vlaced on the
qrantinq of this request:
1. Landscaping: Landscaping plans including specifications for an
irrigation system shall be approved by the Planning Director in
accordance with the adopted consolidated Landscaping policy, prior to
issuance of a building permit. The landscaping shall be continuously
maintained in an orderly, live, healthy, and relatively weed-free
condition, in accordance with the adopted consolidated Landscaping
policy and the approved specific landscape plan.
2. Required landscaping plans shall show the city parkway strip for both
welburn and Kern Avenues, and all required city street trees. Plans
shall be subject to the approval of the Planning Director.
3. Mechanical Appurtenances: Mechanical equipment to be located on the
roof of a building shall be screened by an architectural feature of the
building such that it cannot be seen from ground level at the far side
of the adjacent public right-of-way, whenever possible.
4. Exterior Lighting: No unobstructed beam of exterior lighting shall be
.. directed--outwardfrom ..the...site towardany.residential use or public
right-of-way. In addition, security lighting shall be provided within
the complex subject to the review and approval by the Planning
Department.
5. The location, type, and color of fencing shall be indicated on the final
construction plans. All proposed fencing shall be constructed in
accordance with zoning ordinance section 34, subject to the review and
approval by the Planning Department.
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8nt\611 "B"
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. staff Report POD: "94-12
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06/30/94
6. Building colors shall be earth tones subject to Planning Department
review and approval.
7. A project directory sign shall be provided at each entry, visible from
the driveway and sufficiently illuminated so as to be readable after
dark. Each sign shall include a map of the complex showing the
location of all buildings and numbers of all apartments.
8. Each private yard area shall include a concrete patio with the
remaining yard area landscaped in drought tolerant plant material.
Redwood bark is not considered a landscaping plant material.
9. The number of stalls, design, location, and required signage for
handicapped off-street parking shall be subject to the review and
approval by the Building Department.
10. Off-site street improvements on welburn and Kern Avenues shall be
subject to the approval of the Public Works Department.
11. All existing water wells shall be sealed to meet the approval of the
city Engineer and the Santa clara valley Water District (SCVWD).
12. Prior to building permit issuance, all existing septic systems shall be
removed from the property, subject to the review and approval by the
santa clara County Health Department and the city of Gilroy Building
Department.
13. The future development of the site shall include the improvement of a
bicycle lane adjacent to the project site along welburn Avenue, subject
to the review and approval by the City Public works Department.
14. The future development of the site shall include the installation of
bicycle racks for the residents, subject to the review and approval by
the city Planning Department.
15. Fire hydrant locations, looping, and water main s1z1ng shall be subject
to the review and approval by the Fire Department's Building, Life and
Environmental safety Division and Public Works Department, and shall be
subject to the following:
A. Materials used for off-site installations shall be per City of
Gilroy standard Details. This includes pipe, valves, hydrants,
back-flow prevention devices, concrete, trench back-fill, etc.;
B. Pipes which serve on-site fire service systems are subject to the
specifications of the Fire Department's Building, Life and
Environmental safety Division once they depart from the city main.
Anyon-site or fire service system must have a city standard valve
intervening; and
C. Inspection of on-site fire service systems will be the
responsibility of the Fire Department's Building, Life and
Environmental safety Division.
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staff Report poo: .94-12
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06/30/94
16. The proposed driveway security gates shall exhibit a 20' property line
setback on both !tern and Welburn Avenues. The proposed gate design and
placement shall be consistent with Fire Department policy.
17. A sufficient number of open parking stalls shall ~ provided adjacent
to the consolidated mailbox facilities.
18. An on-site security lighting plan shall be developed, subject to the
review and approval by the Police and Planning Departments.
19. As proposed under the submitted development plans, the four apartment
buildings fronting !tern Avenue shall be placed with staggered setbacks,
in order to provide some visual relief to the repetition of identical
building facades facing the street. In addition, the building
elevations shall be "softened" with windows, wall trim, roof overhang,
etc. (in order to blend-in with the adjacent single family
neighborhood). Final building elevations shall be subject to the
review and approval by the planning Department.
20. MITIGATION MEASURES .1 through t11 contained within the Negative
Declaration dated 06/19/92 for the development (Ref: Z 90-12), shall be
applied to the approval of the project in order to reduce and/or
eliminate all potential significant impacts to a level of
insignificance, as required under the California Environmental Quality
Act (CEQA).
t
Michael Dorn
Director of Planning
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 94-59
is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 25th
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this 26th day of Julv ,1994.
day of
Julv
, 19~,
(Seal)