Resolution 1998-45
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RESOLUTION NO, 98-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING A/S 98-31 AN APPLICATION FOR
ARCHITECTURAL AND SITE APPROVAL OF A PLANNED
UNIT DEVELOPMENT (PUD) INVOLVING APPROXIMATELY
17.45 ACRES, APN 790-04-062 AND 790-04-059
WHEREAS, Orchard Valley Communities ("Applicant") submitted A/S 98-31 an
application for architectural and site approval of a planned unit development ("PUD") for a 17.45 acre
lot located east of Santa Teresa Boulevard, south ofLongmeadow Drive; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA") the
City prepared an expanded initial study and circulated a proposed Negative Declaration in
conjunction with application Z98-05, which application for a zone change included this project,
which was adopted by the City Council on July 20, 1998, along with the Mitigation Monitoring
Program for the project; and
WHEREAS, the Planning Commission held a duly noticed public hearing on July 30,
1998, at which it took public testimony, considered this project, and voted to recommend approval of
Application A/S 98-31 to the City Council; and
WHEREAS, the City Council held a duly noticed public hearing on August 3, 1998, at
which time the City Council considered public testimony, the Staff Report dated July 21, 1998, and all
other documentation on the project; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this project approval is based is the office of the City
Clerk.
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RESOLUTION NO, 98-45
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NOW, THEREFORE, BE IT RESOLVED THAT
A. The City Council hereby finds as follows:
1, The project is generally consistent with the Gilroy Residential Development
Ordinance because it conforms to the approval granted to the Applicant by the City
Council, and it is consistent with the intent of the text, goals and policies of the General
Plan documents,
2, The project complies with the Zoning designation Rl/R3 PUD,
3, The project complies with the findings required to grant PUD
architectural and site approval pursuant to subsections (a) through (i) of Section 50,55
of the Gilroy Zoning Ordinance, as set forth in the Staff Report dated July 21, 1998,
B. A/S 98-31 should be and hereby is approved subject to:
1. The twelve (12) conditions set forth in the Staff Report dated July 21, 1998,
attached hereto as Exhibit 1\ and incorporated herein by this reference,
2, One further condition which shall read in its entirety as follows:
Condition 13, The portion of the homes that can be seen from Santa Teresa Boulevard
must include architectural enhancements (e,g, decorative shutters, framed windows,
etc,) to provide aesthetic visual relief
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RESOLUTION NO, 98-45
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3, The above conditions are set forth in Exhibit "~', attached hereto and incorporated herein
by this reference,
C. This approval is null and void unless and until the Zoning Ordinance approving application
Z98-05 becomes effective,
PASSED AND ADOPTED this 8th day of September, 1998 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES
ROWLISON, SPRINGER, SUDOL,
GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
\(',},. ~~~~M:>L,
K. A. Mike Gilroy, Mayor \
ATTEST:
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Rhonda Pellin, City Clerk
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RESOLUTION NO, 98-45
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AIS 98-31
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7121/98
G. The proposed. project is consistent with the proposed Tentativc Map; and
H. The proposed development. is, consistent with PUD findings A through I, as stated in Zoning
Ordinance Section 50.55. (Notc: The applicant will meet thcprovision to provide greatcr
landscaping in this project by landscaping the front yards oftbese lots.] ,
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budditiPnj Stlilff re,c:ommenm the fonoMDg.CODd1tioDS..bC,Jtlac~cl.DJqb.e..app~~val.or..this.r.equest:
1. . Mitigation Measures 1 through 15 contained within. thc N eguivc. Declaration' for Zone. Chan~c
application Z 98-05 shall be applied to'the approval of the project in order to reduce and/or
eliminate all potential significant impacts' to 8 level of insignificance, as required under the
California Environmental Quality Act (CEQA), subject to the review and IP.proval of the Planning
Division.
2. - The applicant shall landscape the front yard of alllou. lAndscaping plans including specifications
for an irrigation system shall be subject to approval by the Planning Division in accordance with
tire Ciry's Consolidated Landscaping Polic)', prior 10 the issuance of a building permit. The
landscaping shall be continuous(v maintc:zined i" ~ order(l'. live, healthy and relatively weed-free
co"di'lion, in accordance with the adopted landscaping polic)'.
3. Exterior Lighting: No unobstrUcted beam of ex!Crior lighting shall be directed outward from the
site toward any residential use or public right-of-way, subject to review and approval by the
Planning Division.
4. 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, subject to review and
approval by the Planning Division.
5. Building colors sha~l be c~ topes, subject to ~eview and approval by the Planning Division..
6. ,All utilitics constructed to, through and on the ~ite 'shall be constructed underground, subject to
review and approval by the Engineering Division.
7. All, ~ets of building plans shall contain the following wording: '
"If archeological resources or hwnan remains are discovered during construction, work shall be
halted within SO meters (1 SO feet) o~ the find until it can be evaluated by a qualified professional
archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be
fonnulated and implemented."
This shall be subject to the review and approval oftbe Flanning Division.
8. The overall project shall comply with the provisions of Zoning Ordinance Section 5.50, "Site
Design Requirements", pertaining to pI'OJ!Osed individual dwelling Unit designs, subject to review
EXHIBIT "A"
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AIS 98-31
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7/21/98
and approval by the Planning Division.
"9. Street addresses shall be assigned by the Engineering Division.
10. All proposed fencing must meet the rcquiremems of the Planning Division.
11. ,Location of hydrants must be' approved by the Building, Life and Environmental Safety Division
for ~ project:
12. Street trees" will be required for the above project per the Coiuolidated Landscap~g Policy'. A,
Street Tree Pennit must 'be obtained, subject to review and. approval by the Commwiity Services
DepartmenL.
Respectfully,
1 iamFaus
Planning Division Manager
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:-.QCATION, MAP
FOR THE
LOS
ARROYOS
DEVELOPMENT
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I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached
Resolution No, 98-45 is an original resolution, duly adopted by the Council of the City of Gilroy
at a regular meeting of said Council held on the 8th day of September, 1998, 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 13th day of October, 1998,
~-'l~u'
City Clerk of the City of Gilroy
(Seal)