Resolution 1995-50
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RESOLUTION 95- 50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A/S 95-13, AN APPLICATION FOR ARCHITECTURAL AND SITE
APPROVAL OF FIVE DUPLEXES ON PARCEL NO. 790-22-071 ZONED R4-
PUD (HIGH DENSITY, RESIDENTIAL, PLANNED UNIT DEVELOPMENT)
WHEREAS, Albert Fortino submitted A/S 95-13, an application
for Architectural and site approval for a Planned unit Development
involving the construction of five duplex buildings on approxim-
ately 40,161 square feet of property zoned R4-PUD (High Density
Residential, Planned unit Development), said property located at
the southeast corner of Kern and Welburn Avenues; and
WHEREAS, an Initial Study was prepared under a prior Zone
Change request (Z 90-12) involving the project site, which Initial
Study was independently reviewed by City staff and reflects the
independent judgment of the city of Gilroy, and which Initial Study
was reviewed for consistency with the current proposal, which
Initial Study identified potentially significant effects on the
environment that shall be mitigated to the point of non-signifi-
cance by required mitigation measures to be applied to the project
at the development stage in accordance with the California
Environmental Quality Act (CEQA); and,
WHEREAS, there being no substantial evidence in light of the
whole record before the public agency that the proposed project as
revised may have a significant effect on the environment, a
Negative Declaration was prepared under Z 90-12, and approved by
the City Council on september 21, 1992, in accordance with CEQA
WHEREAS, the Planning commission held a duly noticed public
hearing on A/S 95-13 on June 1, 1995, and after that hearing
recommended that the City Council approve the project, subject to
ten conditions set forth in that certain staff report dated May 24,
1995, attached hereto and incorporated herein by this reference;
and
WHEREAS, the city Council reviewed RD92-02, a request by the
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RESOLUTION 95-50
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applicant to modify the original approved development scheme, said
request decreasing the overall buildout density from 80 to 66
apartment units, and approved said amendment; and
WHEREAS, the city council reviewed application A/S 95-13 and
all documents relating thereto and took oral and written testimony
at its duly noticed meeting of June 19, 1995.
NOW, THEREFORE, BE IT RESOLVED THAT:
SECTION I.
The City council hereby finds that A/S 95-13 complies with the
findings set forth in subsections (a) through (i) of section 50.55
of the Gilroy Zoning Ordinance as required to grant planned unit
development (PUD) architectural and site approval.
SECTION II.
The City Council hereby finds, pursuant to the requirements
of the Public Resources Code, that:
1. This project is consistent with the Gilroy General Plan.
2. The City previously adopted a Negative Declaration which
included this property with eleven mitigation measures and a
mitigation monitoring program.
3. There are no off-site or on-site environmental effects
of this project which were not addressed in the Negative Declara-
tion.
4. There is no new information showing environmental effects
to be more significant than described in the Negative Declaration.
SECTION III.
A/S 95-13 should be and hereby is approved, subject to the ten
conditions set forth in the staff report attached hereto as Exhibit
"A" and subject to a condition that the second story bedroom window
on the building located at the east side of the property be
deleted, and subject to the mitigation measures and the mitiga-
tion/ monitoring program approved in conjunction with Z90-12.
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RESOLUTION 95-50
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PASSED AND ADOPTED this 26th day of June, 1995, by the
following vote:
AYES:
COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS,
ROWLISON, VALDEZ, GAGE
NOES:
COUNCILMEMBERS: NONE.
ABSENT: COUNCILMEMBERS: NONE.
ATTEST:
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RESOLUTION 95-50
. EXHIBIT "A" .
Planning Department
Staff Report
May 24,1995
FILE NUMBER: AlS 95-13, a Planned Unit Development
APPLICANT: Albert Fortino
LOCATION: Property at the southeast corner ofWelburn and Kern Avenues
STAFF PLANNER: William Faus
REOUESTED ACTION:
The applicant is requesting Architectural & Site review approval for a Planned Unit Development
(PUD) involving the construction of 5 duplex buildings (10 units) on two parcels zoned R4-PUD.
This request represents Phase II of the Crestwood Manor development (RD 92-02).
DESCRIPTION OF PROJECT:
Parcel No:
Parcel Size:
Flood Zone:
790-22-071
approximately 40,161 square feet
"B", panel # 060-340-0001C, dated 10/06/81
STATUS OF PROPERTY:
ExistiOlz Land Use
Undeveloped
General Plan Designation
Residential High Density
Zonimz
R4-PUD
STATUS OF SURROUNDING PROPERTY:
North:
East:
South:
West:
,_,uo ExistiOlz Land Use
Single Family Homes
Single Family Homes
Apartment Complex
Single Family Homes
H. - "General Plan DesilZllation
Residential Low Density
Residential High Density
Residential High Density
Residential Low Density
Zoning
Rl
R3
R4-PUD
Rl
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AlS 95-13 (PUD)
2
5/24/95
CONFORMANCE OF REOUEST WITH GENERAL PLAN:
The proposed Architectural & Site Planned Unit Development review request conforms to the land
use designation for the property on the General Plan map and is consistent with the intent of the text
of the General Plan document.
ENVIRONMENTAL IMPACTS:
An Initial Study was prepared under a prior Zone Change request (Z 90-12) involving the larger 4;t
acre site, The current Architectural & Site PUD design request will allow the subject site to be
developed with five duplex buildings (10 dwelling units). The Initial Study involving the project site
was independently reviewed by City staff and reflects the independent judgement of the City of
Gilroy. Subsequently, the Initial Study was reviewed for consistency with the current project
proposal.
The lnitial Study identified potentially significant effects on the environment, however, the applicant
has agreed to specific revisions in the project and/or individual mitigation measures will be applied
to the project which will avoid or mitigate the effects to a point where no significant effects will
occur. There is no substantial evidence in light of the whole record before the public agency that the
proposed project, as revised, may have a significant effect on the environment, Therefore, a Negative
Declaration was prepared under Z 90-12, and approved by the City Council on September 21, 1992,
RELATED APPLICA nONS:
Z 90-12:
This Zone Change request rezoned the subject site from R3 (Medium Density Residential) to R4-
PUD (High Density Residential, Planned Unit Development). The request was recommended for
approval by the Planning Commission on September 3, 1992, and approved by the City Council on
September 21, 1992.
A!S 94-12 (PUD):
Phase I, Architectural & Site PUD review for 56 apartment units. Phase I was recommended for
approval by the Planning Commission on July 7, 1994, and approved by the City Council on July 18,
1994. Construction of Phase I was completed in early 1995.
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AlS 95-13 (PUD)
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5/24/95
RDO BACKGROUND:
The applicant received Residential Development Ordinance (ROO) approval for the "Crestwood
Manor" project during the 1992 RDO competition (Ref: RD 92-02). The project was given full
buildout approval for 80 apartment units over two year schedule (1994 @ 56 dw, and 1995 @ 24 dw).
RD 92-02 amendment request: (see accompanying staff report dated May 22, 1995)
In this request the applicant is seeking approval that would allow modification to the original
approved RD 92-02 development scheme. In short, the request would essentially decrease the overall
buildout density from 80 to 66 apartment units, a decrease of 14 dwelling units, A,pprovalofthis
reQuest. RD 92-02 amendment. is reQuired prior to lZTantimz AlS 95-13 PUD approval.
ANALYSIS OF REOUEST:
The applicant is requesting Architectural & Site Review approval for a Planned Unit Development
involving the construction offive duplex buildings (for a total of 10 apartment units), on property
zoned R4-PUD (High Density Residential, Planned Unit Development). This project represents
Phase IT for the completion of the Crestwood Manor, a four acre apartment complex located at the
southwest comer of Kern and Welbum Avenues.
The project design submitted by the applicant illustrates two parcels ["parcel #1" and "parcel #2"]
fronting Welbum Avenue, which are separated by the main access driveway for Phase 1. Parcel #1
will be subdivided into three lots, and parcel #2 into two lots. Each of the five lots (approximately
8,000 square feet each) will be developed with one duplex building, with direct access to Welbum
Avenue. Within the underlying R4 zoning district the minimum lot size is 12,000 sq.ft., but smaller
lot sizes are permissible under the PUD provisions, Staff believes the submitted site design, with the
proposed 8,000:%: sq.ft, lots, are consistent with the intent of the City's Zoning Ordinance. As
submitted under the proposed lot design, Phase IT will have a density at approximately 10.8 units per
acre (the underlying R4 district permits a maximum of 30). When completed (phases 1&2), the
overall apartment complex will have a density of approximately 17 units/acre.
Architectural features for the five duplex buildings will include two-story construction, attached two-
car garage, a hipped roof design (with small gabled accents), heavy composition shingles, stucco
siding, wood framed windows & doors, and redwood rear yard fencing for each unit. The units are
designed. so that thefronthalf-ofthe.structurefacing the street is single story construction, with the
rear of the building elevated to a second story. The concept of positioning the second story to the rear
of the site will help blend the development in with the surrounding single family neighborhood,
which has predominately single story houses, In addition, units will be accented with custom wood
garage doors, roughsawn eve detail, and fully landscaped front yards.
As presented, the proposed Architectural & Site PUD submittal is consistent with the City's Zoning
Ordinance, Residential Development Ordinance, and applicable development policies.
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AlS 95-13 (PUD)
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5/24/95
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REOUlRED FINDINGS:
In order to grant Planned Unit Development (PUD) approval, the Planning Commission and City
Council must find that the proposed Planned Unit Development will:
A. Conform to the Gilroy General Plan in terms of general location and standards of
development;
B, Provide the type of development which will fill a specific need of the surrounding area;
C. Not require urban services beyond those which are currently available;
D. Provide a harmonious, integrated plan which justifies exceptions, if such are required, to the
normal requirements of this Ordinance;
E. Reflect an economical and efficient pattern ofland uses;
F. Include greater provisions for landscaping and open space than would generally be required;
G. Utilize aesthetic design principles to create attractive buildings and open areas which blend
with the character of surrounding areas;
H. Not create traffic congestion, noise, odor, or other adverse effects on surrounding areas; and
I. Provide adequate access, parking, landscaping, trash areas and storage, as necessary.
STAFF RECOMMENDATION:
Providinl! the annlicant receives annroval of the RD 92-02 amendment, Staff recommends that the
Planning Commission forward a recommendation to the City Council to approve this request for the
following reasons:
A. The proposed Architectural & Site PUD conforms to the land use designation for the property
on the General Plan map, and is consistent with the intent of the text of the General Plan
, document; , _ __ '_. ___..... '''_. ._... '"'' '.." , ~".. __... ,_
B. Public utilities and infrastructure improvements needed in order to serve the proposed project
are in immediate proximity along Welbum and Kern Avenues;
C. There will be no significant environmental impacts as a result of this project due to the
required mitigation measures to be applied at the development stage; and
D. As submitted, the proposed development is consistent with the necessary PUD Findings A
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A1S 95-13 (PUD)
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5/24/95
In addition. Staff recommends the followinl! conditions be olaced on the erantinr of this reauest:
1. MITIGATION MEASURES #1 throUlm #11 contained within the Negative Declaration under Z 90-12,
dated 6/19/92, 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).
2. 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
ofa 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.
3, 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,
4. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward from the site
toward any residential use or public right-of-way.
5. 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.
6. The location, type, and color offencing 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 Director.
7. Building colors shall be earth tones subject to Planning Department review and approval.
8. Off-site street improvements on Welbum and Kern Avenues shall be subject to the review and approval
by the Public Works Department.
9. The development of the project site shall include the improvement of a bicycle lane adjacent to the
project site along Welbum Avenue, subject to the review and approval by the Public Works Department.
10. The side property line between proposed lot # I and #2 shall be adjusted so that it is perpendicular to the
rear property line,.subjecUothe-review..and approval by.the.Planning Department.
Respectfully,
~j)o-
Michael Dorn
Director of Planning
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A1S 95-13 (PUD)
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6-1-95
At their meeting of June I, 1995, The Planning Commission, by a voice vote of
6-0-1 (Commissioner Pinheiro absent), recommended approval of A1S 95-13
subject to 10 conditions as set fourth in the staff report,
6/9/95
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RBGA~IVE DI!:CLIUlA~IOH
Z 90-12
Mitiaation Measures
1. The future development of the site shall conform to the Uniform Building
code, subject to the review and approval by the city Public Works and
Building Departments.
2. The future dsvelopment 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.
3. 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.
4. ~hs future development of the site shall conform to the City of Gilroy's
consolidated Landscaping policy, subject to the review and approval by the
City Planning Department.
5. Prior to the future development of the site, the developer must obtain
sufficient sewer allocation to serve the proposed project, and will be
required to pay city of Gilroy sanitary sewer connection fees.
6. ~he future development of the site, to include design layouts and specific
site considerations, shall be addressed through the City's Planned Unit.
Development approval process, via Architectural' site Review procedures.
7. The future development of the site shall conform to Uniform Fire code,
subject to the review and approval by the City Fire Department.
8. Prior to the future development of the site, the property owner shall
complete a Hazardous-Materials-site-closure-Plan, subject to the review
and approval by the Chemical Control Division of the City Fire Department.
9. ~he developer shall, as soon as possible, and before issuance of any
building permits for the project, negotiate with the Gilroy Unified school
District to determine the level of additional impacts on the District. In
the ~ase of an impasse, the City of Gilroy shall mediate the negotiation.
Following completion of the negotiations, the developer shall provide
mitigation of the impacts to the school District which may include 1)
impact .fees,-2,),-dedication.of..~and, 3) ,facilities and/or 4) equipment.
10. Prior to the future development of the site, the developer shall pay
required City of Gilroy Public Safety and Parks' Recreation impact fees.
11. Prior to the future development of the site, 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.
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I, SUSANNE E. STEINMETZ, city Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 95-50
is an original
resolution, duly adopted by the COuncil of the City of Gilroy at a regular
meeting of said Council held on the 26th day of
at which meeting a quorum was present..
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
June
, 19...,2L,
Official Seal of the City of Gilroy this 6th day of
Julv
,1995.
(Seal)