Resolution 1995-87
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RESOLUTION NO. 95-87
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING A/S 95-18 (PUD), AN
APPLICATION FOR ARCHITECTURAL AND SITE REVIEW
APPROVAL FOR A PLANNED UNIT DEVELOPMENT (PUD)
TO CONSTRUCT 12 DETACHED DWELLING UNITS ON
APPROXIMATELY 1.2 ACRES, APNS 790-16-015 AND
790-16-016.
WHEREAS, Mark Hewell ("applicant") has submitted AS 95-
18 (PUD) requesting Architectural and site Review approval for a
Planned Unit Development (PUD) involving the construction of 12
single family dwelling units on approximately 1.2 acres zoned R3-
PUD (Medium Density Residential-Planned Unit Development); and
WHEREAS, the proposed project is located along a curve
on the west side of Church Street, between Woodworth Way and Liman
Avenue; and
WHEREAS, an Initial Study was prepared for this project
which identified potentially significant effects on the environment
and a mitigated Negative Declaration was adopted by the City
Council in accordance with the California Environmental Quality Act
("CEQA"); and
WHEREAS, the proposed project 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; and
WHEREAS, the Planning commission at its duly noticed
meeting on November 2, 1995, after considering all of the evidence
before it, voted to recommend approval of A/S 95-18 subject to
eight conditions which are set forth in the staff report which is
attached hereto as Exhibit A and incorporated herein by this
reference; and
WHEREAS, the city Council at its duly noticed public
hearing on November 20, 1995, considered the project and the
conditions proposed to be attached to its approval, along with
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RESOLUTION NO. 95-87
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staff reports, public testimony, and documentation or other
evidence on the project and voted to approve the project subject
to 8 conditions stated in the staff report dated October 27, 1995,
which is attached hereto and incorporated herein; and
WHEREAS, the location and custodian of the documents or
other material which constitute the record of the proceedings upon
which this resolution is based is the office of the city Clerk;
NOW, THEREFORE, BE IT RESOLVED THAT:
SECTION I
The City Council hereby finds that as set forth more fully in
the staff report incorporated herein, A/S 95-18 (PUD) complies with
subsections (A) through (I) of Section 50.55 of the Gilroy zoning
Ordinance as required to grant PUD architectural and site approval.
SECTION II
The City Council hereby finds that:
1. This project is consistent with the Gilroy General Plan.
2. The City previously adopted a Negative Declaration which
included this property with mitigation measures and a mitigation
monitoring plan.
3. There are no on-site or off-site environmental effects of
this project which are not addressed in the Negative Declaration.
4. There is no new information showing environmental effects
to be more significant than described in the Negative Declaration.
SECTION III
A/S 95-18 (PUD) should be and hereby is approved, subject to
the 8 conditions set forth in the staff report attached hereto and
incorporated herein, and subject to the mitigation measures and
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RESOLUTION NO. 95-87
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mitigation monitoring program previously approved in conjunction
with GPA 91-08.
PASSED AND ADOPTED this 4th day of December, 1995 by the
following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON,
SPRINGER, VALDEZ, GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ATTEST:
rk
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RESOLUTION NO. 95-87
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EXHIBIT "A"
Community Development Department
Planning Division
Staff Report
October 27, 19S
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FILE NUMBER.:
APPUCANT:
LOCATION:
STAFF PLANNER.;
AlS 95.18 (PUD)
Mark Hewell
Propa ty froming Church Street, north ofLimllll Aveaue
Bl)'BD Stice
Rli'.oUJ'_4ITF.D A.CTlON:
The applicant is requestina ArcbiteCtlUl1 " Site Review approval for a PIIDned Unit Developmer
(PUD) involving the construction of 12 detaebed dwelling UDits on a 1.2= acre site.
DF-~1PTI0N 0Jl' PROPF.RTV:
Parcel No.:
Parcel Size:
Flood Zone:
790-16-15 and 16
52)94:1: sqUllle feet (1.2:1: net acres)
"Do Panel #I 060340 OOOlC Date: 10-06-81
LOMR 8-31-95
STATUS OF PROPERTY:
J;:xi~inw Land tlle
Single Family Residences
C'lt!nel'lll Plan DesienatiWl
Medium Density Residential
l.nnina
R)-PUD
ST A. TlIS OF SURROUNDING PROPF.RTV:
~rid'ina T..sntI t J~
~~ Plan DMianatinn
ZnniftD
N: Undeveloped
S: Single Family Residences
Undeveloped
E: Single Family Ilesidences
W; Undeveloped
Low Density Residential
Low Density Residential
Medium Density Residential
Low Density Reaidential
Medium Density Residential
Al
RI
R3
RI-PUD
R3
HU\.'-.2o- '~~ Iue 17:00 iLo:
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LHw OFFiceS TEL IN
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AJS 95-18
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CONFORMANCE OF Rli'.onESTWITH GENERAL PIAN:
The proposed project c.u.4'u, ,ull 10 the land use d"'-cigJ1ation for the property on the General Plan Ma:
and is coDSistent with the intent of the text of the Genenl Plan Drv-o........
ENVIRONMENTAL IMPAf7S:
NEGATIVE DECLARATION
A previous Initial Study was prepared for tbis lite (Ref.: GPA 91-08). . The study identified potential'
significant effiii:ts on the enviromnent, however, the appliCllDt. has previously agreed to individu;
mitigation measures wbich will avoid or mitipre the effec:ts to a point where no significant impacts WI
0CQJf. A Negative Declaration was adopted by the City Council for this project on December 16, 199..
with seven mitigation measures.
Rn.A TED APPLlCA nONS:
GPA 91.oa:
This General Plan Amendment changed the prior General Plan land use map designation from LO\
DENSITY RESIDENTIAL to MEDIUM DENSITY RESIDENTIAL on the 1.2= acres of land. TIt
request was approved by the City Council on December 16, 1991.
Z 95-0..:
This request changed the zoning designation of the 1.2= acre site from R3 (Medium Densit
Residenlia1) to R3-PUD (Medium Density Raidential- Planned Unit Development). This request wa
approved by the City Council on October 16, 1995
TM 95-0..:
This T entativc Map subdivided the originall.2:l: acre site into 12 residentia1lots and one remainder 10
City Council approval was given on October 16, 1995.
RDO BACKGROUND:
The appliamt applied for Residential Develop'..","! Ordinance (ROO) allocations during the 1992 an,
1994 competitions. In each case the applicant has been uns...."Wsfid in obtaining 24 requeste<
aDocations. However. the Residential Development Ordinance (ROO) contains an exemption withiJ
section 50.62 (b) (I). under which the applicant proposes to develop. This exemption allows up to'
units to be constn.ac:tcd per year (not ~ing 12 units in 3 yellS) without competing in the RDC
process.
AIS 9S.18
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The applicant (MIrk Hclwdl) is requesting Architec:tunI.t: Site Rmew lIJlPfOVIII for aPlannecl U[
Development (PUD) involving the construction of 12 IiosIe family UDitI on a 1.2:1:: acre site. n
proposedprojec:t will be Itvo.oot...! a1ougaCUMOD the west side ofCburch Street, between Woodwor
Way IUId Liman Aveoue. The 1.2:1: 11m: site is curready %OIled R3-PUD ()Aed1nm Density Rc5idcnu.
Planned Unit Development). Property under the "PtJD" combiDina district designation requir,
Planning Commission review and City Council approYII prior to build out.
If l\Pproved this A~hit~ll'lIl & Site PI ID reqJlMt will include the fbllnwillJ:
. Development on lots which are less than the aOOD-squaro-foot minimum required for R
zoniaa districts;
. Side-yard setbacks less than the 12-foot miIllJlBlll1 required for R3 zoning districts; and
. Rear-yard setbacks less than the IS-foot minimum required for R3 zoning districts.
The applicant intends to devclope withiD reduced Mtba<:ks, as allowed under the PUD combinir
district. The redllccd Ietbacks enable the IpJlIinmt to pnMde a unique """., product. Although Ii
development will consist of single family homes, the overall deasity or the project will be significant
higher than a typical siDgle fiunily ncigbborhood. Proposed homes will have side setbacks betweeD
and 14 f= and rear cWhoot-Jry between 12 aud 21 filet. Sadf'felliI tbId tIae mkl'*' setbacks are mino
and that the overall development scheme meets the intent oCtile PUD concept.
Primary.aa:ess to this development will be proyidecI by Cbun:b Street, _S""ted as a collector stre<
in the Gilroy General Plan. As planned, the Ilreet improvemeDts a100s CbuR:b Street and the propose
cul-de-sac are consistent with minimum City development standards.
All developed residential lots will be landscaped and irriptecl by the developer. Landscaping featun
include front-yard lawns, front-yard trees (in addition to the required street trees), and individu.
landscaping themes for each lot. An parkway strip between Church street and the proposed sidewa
wiD be improved by the developer.
HOME DESIGN
The applicant would like to develop the 12 individual lots utilizing two models (see the attach~
devaUOIl plans). Each modd will have three sepIII1Ite elevation alternatives, thereby creating 6 availab
house plans within the project site. In addition. three house plans can be reversed, providing greaH
diversity to the ovendI development scheme.
As submitted, the two base plans arc designed with french windows, stuccoed chimney columns, ar,
tomposition roofshingles. The ~stol)' homes will be delaiIcd along the front elevation with windo\
sOOners and wood trim. wood sectional garage doors, and horizontal wood siding. Privacy fences w.
be provided by the developer as well. The two proposed plans arc described as follows:
Plan 13~: (Soflbe 12bomes)
A two-stol)'. three-bedroom home with 1,360 rquare feet and an attached two-car garage. This mod,
will have a sidias combination of horizontal wood and stucco. A hipped roof design will be th
standard for this model while the alternate models will feature a gabled roof design. Exterior detai..
may include arched doorways & windows and cultured stone veneer.
10/27195
AIS 95-18 · .
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"an 1'265: (4 uribe 12 bamcI)
A ~ory. th..A. bClCboom home with 1,265 IqUlIJe feet IIId an _..J-I two-car JIlIBe. This mo<
wiD baYe a -dins e.,..l,.;,;ation of'Mrimntal waad and macco. Both the mmdard and aJtemarive mod,
will &:azure a pbled roof design. Exterior details may iIIclude arched doorways and windows, por
........-. and plaat Ihelves.
REOIllRF.D 1l'lNDINGS;
In order to grant PI.llned UDit Development (PUD) approval. the Planning Commission and Ci
Councllmust find that the proposed PUD will:
A. COJlform to the Gilroy General Plan in tenns of genera1location and standards of development:
B. Provide the type of deveJopment which wiD fill. specific need of the surrounding area;
C. Not require urban services beyond those which are cumntly available;
D. Provide a harmoaious, integrated plan wbich;,ctni- exceptioDs. if' IUCh are required, to the nom
requhesnentl oftbis Ordinance;
E. Rctlect an economical and efficient pattern ofJand usea;
F. Include Stealer provisions for landscapiDg and open space than would generally be required;
G Utilize aesthetic desisn principles to create IIttraClive building and open IIR:lIS which blend with tl
chIracu:r of surrounding areas;
H. Not create traffic: c:ongestion, noise, odor, or other adverse effects on surrounding areas; and
1. Provide adequate access, parking, landsc:aping, trash and storage. as nec.....'Y.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission forward a recommendation to the City Council J
llpprnve this request for the following reasons:
A. The proposed Tentative Map is substantially consistent with the land use designalion for t~
property 00 the General Plan Map, and is consistent with the intent of the text of the Gener;
Plan doc:umeut;
B. Public utilities and infrastrocture improvements needed in order to serve the proposed projec
arc in close proximity along Church Street;
C. There will be no significant environmental impacts as a result of this project due 10 the require
mitigation measures to be applied; and
D. As submitted, the proposed development is consistent with the necessary PUD Findings ,
through I, as stated under Zoning Ordinance Section 50.55.
AIS 95-18
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In .ddltion.. Sbfr............ftI"'d~ th@ rolL.-l~r mnditio... he pi_HIlI till the ....nti.., er this ntque;t
1. MITIGATION MEASURES #1 through #7. contained within the Ncptivc DccIaation datee
12116191 tbr GPA 9]-08 involvm, the IUbject pool"'lt1. shall be IIppIied to the approval oflhi.
Architec:turaI " Site Review Application in order to reduce mellor eliminate all potentia
significaDt impacts to a IeYd ofinsiplficance, IS required UDder the California Environmenu.
Quality Act (CEQA).
2. This project is subject to the ResidelltW Development Ordinance (ROO) and shal1 not receive
building permits unless it receives 111 ROO buildout schedule or is e1iple to receive bWldin!
permits under an RDO exemption, subject to review and approval by the Planning Division.
3. Landscaping: T...andscaping plans iDcIuding specifications for 111 irrigation system shall be
approved by the Planning Division in accordance with the adopted Conso/itklled L.an.dsazpil1l
Policy, prior to issuance of a buildins permit.
4. Specific desisn review plUlS for the ranainder portion 10CII1ed lit the llIId of the cul-de-sac shal
require IdcIitioaaI Architec:tural " Site review and approval prior to buildout, subject to reviev.
and approval by the Planning Division.
5. The abll1donmeat lI1cIIor vacatiOD of Carlyle Avcauc, wbic:b illUbject to the review ane
approval by the Community DeYeiopment Deputmenl, shill be completed within 120 days oj
Tentative Map (fileTM 95-04) appnMl. Based ODin approved appnisal, subject to the reviev.
and approval by the Community Development Department, the developer shill pay the City the
appniJed value for this land. All COlt VooMlted with this proc m IbIll be solely born by the
developer of this project, subject to the review and approval by the Community Development
Depanment.
6. Off-site street improvements shall be per City of Gilroy Standard Details. These include pipe,
valves, hydrants, baclc flow devices, concrete, trench back-fil~ etc, subject to review and
approval by the Community Development Department.
7. An all weather access road, not less than twenty (20) feet in width, for fire engines shall be
provided before commencing any combustible construction. F' II'e hydrants $hall also be installed
and maintained before any combustible construction, to meet the approval of the City Fire
Department.
8. Weeds in the remainder lot shaD be coatrolled and shall be subject to the City's weed abatement
program, subject to review and approval by the Fire Department.
RelpeQfUUy, ~
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William FIllS
Planner In
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11-2-95 At their _et:l.Jla of Hov Lar 2, .1995,. cbe PlamWIl CClIIIIIli..;
nee -d.d appnrve1 of .AlS 95-18, .ubject to 8 conditions
..t fortb in the atat! report.
AYES:
BAYES :
ABSENT :
AR!1J..llll) .
HOB
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BI.AHa.E'l' . COLLIEIl, l'IHUIllO. l'tIEHT!:. St1'tr.
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 95-87 is an original
resolution, duly adopted by the COuncil of the City of Gilroy at a regular
meeting of said Council held on the 4th day of
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 ~ day of December ,19~
December
, 19-2L,
(Seal)