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Resolution 1998-52 . . RESOLUTION NO. 98-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S 98-25 (PUD), AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT INVOLVING APPROXIMATELY 8.97 ACRES, APN 790-04-037, 038 WHEREAS, South County Housing ("Applicant") submitted A/S 98-25 (PUD), an application for architectural and site approval of a planned unit development for an 8.97 acre lot located west ofKem Avenue, between Mantelli Drive and Tatum Avenue; 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 1, 1998, at which it considered this project and voted to recommend approval of A/S 98-25 to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on July 20, 1998, at which time the City Council considered the public testimony, the Staff Report dated June 26, 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. NOW, THEREFORE, BE IT RESOLVED THAT IKHM\41834501 83-072704706002 -1- RESOLUTION NO. 98-52 . . A. The City Council hereby finds that: 1. The project is consistent with the exemption from the Residential Development Ordinance granted to the developer by the City Council, and it is consistent with the intent of the text, goals and policies of the General Plan. 2. 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, and adopts said findings as set forth in the Staff Report dated June 26, 1998. B. A/S 98-25 (PUD) should be and hereby is approved, subject to seventeen (17) conditions attached hereto as Exhibit A and incorporated herein by this reference, provided, however, this approval is null and void unless and until the zoning ordinance approving zone change application Z98-05 is effective. PASSED AND ADOPTED this 8th day of September, 1998 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, MORALES, ROWLISON, SPRINGER, SUDOL, GILROY COUNCILMEMBERS: GIFFORD NOES: ABSENT: COUNCILMEMBERS: NONE APPROVED: ~,~.~~Q~ .A. Mike Gilroy, Mayor / ATTElST:, '12"" /:. \ / / i ' G":' / 'c'a . '/' . ~" I_OUJCr,~"(,,r ~<:/t:---c.~,-~ Rhonda Pellin, City Clerk \KHM\418345,01 83-072704706002 -2- RESOLUTION NO. 98-52 . . Community Development Department Planning Division Staff Report June 26, 1998 File Number: NS 98-25 (Planned Unit Development) . Applicant: South County Housing Location: West side ofKem Avenue, adjacent to the Santa Clara Valley Water District Channel Staff Planner: Melissa Durkin REQUESTED ACTION: Planned Unit Development review of a 47 lot single family subdivision. DESCRIPTION OF PROPERTY: Parcel Number: Parcel Size: Flood Zone: 790-04-037,038 8.97:1: acres "B" , Panel # 060 337 0640 D Panel Date: 10/06/81, Revised to reflect LOMR 8/31/95 ST A TUS OF PROPERTY: ExistingLand Use Undeveloped Land GeneralElaILllesignation High Density Residential Zoning Rl STATUS OF SURRO.ll.NDING PRO~: Existingland_llie N: ChanneVSing. Family Home S: Single Family Homes E: S. F. Homes/G.U.S.D. Farm W: Undeveloped GeneraLPlannesignation PPF / High Dens. Res. Med. Density Residential Medium Density Residential Low Density Residential Zoning County Ag. Rl Rl,R3, County Ag. Rl EXHIBIT "A" . Page 2 . 6/26/98 A/S 98-25 (PUD) CONFORMANCR OF REQUEST WITH GENERAL PLAN: 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. This project conforms with the policies of Gilroy's General Plan. The following example demonstrates this compliance: Urban Development and Community..D~gn (Section II): Policy 3: "Urban Development will only occur within the incorporated portion of the Planning Area. Land will therefore be annexed to the City before final development approval is given. " The proposed project is in conformance with this policy, because this land has been within City limits for many years. Policy 4: "The City will phase development in an orderly, contiguous manner in order to maintain a compact development pattern to avoid premature investment for the extension of public facilities and services. New urban development will occur in areas where municipal services are available and capacity exists prior to the approval of development in areas which would require major new facility expansion. " The proposed project is in conformance with this policy, because this property is surrounded by developed property to the east and south, and municipal services are available near this site. ENVIRONMENT AL IM~CTS: NEGATIVE DECLARATION An expanded initial study has been prepared for this project. The study identified potentially significant effects on the environment, however, the applicant has agreed to individual mitigation measures which will avoid or mitigate the effects to a point where no significant impacts will occur. A Negative Declaration, with 15 mitigation measures, has been prepared for this project. RELATED APPLlCAT10NS: M 98-06 (AHE 98-02): Affordable Housing Exemption request for the construction of 157 affordable housing units. This application was presented to the Planning Commission and City Council in June, 1998. An exemption for 97 units was approved (75 single family homes and 22 cluster homes). Z 98-05: IQ> This application accompanies this request Zone change request to change the zoning designation ofthis site from Rl and R3-PUD to a combined R1/R3-PUD zoning district. A/S 98-25 (PUD) . Page 3 . 6/26/98 TM 98-05: 1m' This application accompanies this request A Tentative Map request to create 75 single family residential lots, ranging in size from 6,000 to 10,503 square feet. This application will. be presented to the Planning Commission and City Council in July, 1998. TM 98-07: A Tentative Map request to create 47 single family residential lots, ranging in size from 3,611-12,456 square feet. This application will be presented to the Planning Commission and City Council in July, 1998. RDO BACKGROUND: This project received 150 RDO allocations in the 1996 RDO competition [RD 96-09], and received an exemption for 97 affordable housing units in June, 1998. ANALYSIS OF REQJlESI: The applicant is requesting Planned Unit Development (PUD) design review for the proposed construction of 47 detached single family homes on land which totals approximately 9 acres. The lots on which these homes would be constructed will result from Tentative Map application TM 98-07, if it is approved. This site is proposed to have a zoning designation ofRl/R3-PUD (Single Family ResidentiallMedium Density Residential - Planned Unit Development) [See Z 98-05]. The applicant is proposing to use the flexibility of the PUD overlay to allow the Architectural and Site review application to deviate from standard Zoning Ordinance requirements in two ways: 1) to allow the lots to be less than the minimum allowed 6,000 square feet; and 2) to allow side yard setbacks to be reduced to three feet. LoLSize Exc~ep1ion In order to construct homes on single family lots within this development at an affordable price, the applicant is requesting an exception to the minimum 6,000 square foot lot size requirement. The lots in this development range in size from 3,611 square feet to 12,456 square feet, with an average size of approximately 5,800 square feet. Staff has two primary concerns with this reduced lot size. The first concern is the ability of the lots to accommodate houses within the appropriate setbacks. The applicant has addressed this concern by designing homes specifically to fit on these lots, and by requesting reduced side yard setbacks, as discussed below. The second concern which staffhas with the reduced lot sizes is that the amount of lot frontage will also be reduced, which limits the opportunities for on-street parking. This issue has been addressed by the applicant providing a minimum of 40 feet of frontage for each lot (with the exception of the flag lots). This allows for a 20 foot wide driveway and a 20 foot long strip of on-street parking. . . 6/26/98 AlS 98-25 (PUD) Page 4 Sdhack Exceptions The reduced lot size has resulted in the applicant requesting to construct the homes in this subdivision with five foot side yard setbacks, rather than the normally required six foot side yard setback. The reduced setbacks will allow the proposed homes to be constructed on the narrow lots within this subdivision. Staff feels that, although these setbacks are not in strict compliance with the zoning ordinance, they meet the intent of the PUD concept. Garage Dimensions The applicant is requesting to reduce the size of the garage in these homes from the normally required 20 feet wide by 20 feet long to 19 feet 4 inches wide by20 feet long. Staff does not anticipate any negative impacts to result from this deviation. The Zoning Ordinance requires that extra amenities be provided in exchange for the flexibility that the Planned Unit Development allows. The applicant is fulfilling this requirement by providing affordable housing in this tract and by landscaping the front yards of these lots. South County Housing is proposing to construct five different models of homes on this site. All of the homes will have two-car garages and reverse floor plans. Following is an analysis of the models [Note the plans are numbered 2 through 7, with the plan number 1 omitted. To prevent confusion, this analysis will use the same numbering system that is on the plans. In addition, Plans 4 and 5 have the same floor plan, so they are considered to be the same house.]: ~an.2 This model is proposed to be approximately 2,060 square feet in area with two story construction, and an attached two car garage. Architectural elements of this home include a "Cape Cod" style front, decorative windows, and gabled front roof elements. eJ.an3 This model is proposed to be approximately 1,800 square feet in area with single story construction, and an attached two car garage. Architectural elements of this home include a multi-level gable roofs, an enhanced front entry, and decorative windows. FlanAJ1n~lan5 "'$ These two-story models are proposed to be 1,550 square feet in area. Plan 4 showcases steeply pitched gable roofs on the front of the house, wooden shutters, decorative louvers, and an open portico surrounding the front entry. Plan 5 has wood shingle siding, and multi-level gable roofs. The house features a front porch covered by a shed roof. NS 98-25 (PUD) . Page 5 . 6/26/98 Plan 6 Plan 6 is a two story, 1,460 square foot house with shed and gable roofs, and a front porch. The house is accented by having stucco siding on the bottom story, and shingle siding on the top story. Plan 7 This single story 1,150 square foot plan has a two-car garage, gable roofs, and a modified "Cape Cod" element in the front. The home features wooden shutters and a decorative front window. Access to this development will be provided by Kern Avenue (a collector). The proposed PUD configuration also shows two new public streets which contribute to the traffic circulation of this project. The proposed street alignments are consistent with minimum City development standards. 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 of land 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 space areas which blend with the character of surrounding areas; ..,~ H. Not create traffic congestion, noise, odor or oth~r adverse effects on surroundin,g areas; and I. Provide adequate access, parking, landscaping, trash areas and storage, as necessary. NS 98-25 (PUD) . Page 6 . 6/26/98 ST AFF RECOMMENDATION: Staff recommends that the Planning Commission forward a recommendation to the City Council to approve this request for the following reasons: A. The project proposal is consistent with the exemption from the Residential Development Ordinance granted to the developer by the City Council; B. The proposed PUD is consistent with the intent of the goals and policies of the City's General Plan document; C. The proposed development is consistent with the Zoning Ordinance. D. Public utilities and infrastructure improvements needed in order to serve the proposed project are in close proximity; E. There will be no significant environmental impacts as a result of this project due to the required mitigation measures to be applied; and F. The proposed development is consistent with PUD findings A through I, as stated in Zoning Ordinance Section 50.55. If this project is approved, staff recommends that the following conditions be attached to the approval of the project: 1. Mitigation Measures 1 through 15 contained within the Negative Declaration for this project 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), subject to the review and approval of the Planning Division (see attachment). 2. Construction of these 47 units shall be subject to the applicant receiving City Council approval ofTM 98-07. 3. Exterior Lighting: No unobstructed beam of exterior 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. NS 98-25 (PUD) . Page 7 . 6/26/98 5. Building colors shall be earth tones, subject to review and approval by the Planning Division. 6. All utilities constructed to, through and on the site shall be constructed underground, subject to review and approval by the Engineering Division. 7. All sets of building plans shall contain the following wording: "If archeological resources or human remains are discovered during construction, work shall be halted within 50 meters (150 feet) of the find until it can be evaluated by a qualified professional archaeologist. lfthe find is determined to be significant, appropriate mitigation measures shall be formulated and implemented." This shall be subject to the review and approval of the Planning Division. 8. The overall project shall comply with the provisions of Zoning Ordinance Section 5.50, "Site Design Requirements", pertaining to proposed individual dwelling unit designs, subject to review and approval by the Planning Division. 9. Street names are subject to approval of the Planning Division. 10. Street addresses shall be assigned by the Engineering Division. 11. All proposed fencing must meet the requirements of the Planning Division. 12. Side yard setbacks may be reduced to five feet, but should remain at six feet wherever feasible. All dwelling units shall maintain ten foot side yard setbacks when adjacent to a street on a comer lot, subject to review and approval by the Planning Division.. 13. Location of hydrants must be approved by the Building, Life and Environmental Safety Division for this project. 14. Street trees will be required for the above project per the Consolidated Landscaping Policy. A Street Tree Permit must be obtained, subject to review and approval by the Community Services Department.. 15. The applicant shall landscape the front yard of all lots. Landscaping plans including specifications for an irrigation system shall be subject to approval by the Planning Division in accordance with the City's Consolidated Landscaping Policy, prior to the issuance of a building . permit. The landscaping shall be continuQusly maintained in an orderly, live, healthy and relatively weed-fiAee condition, in accordance with the adopted landscaping policy. 16. The developer shall designate which lots will be sold to lower income households, prior to approval of the Final Map for this site. subject to review and approval by the Planning Division ../ A/S 98-25 (PUD) . Page 8 . 6/26/98 17. Wherever the same model home is located on adjacent lots, the floor plans shall be reversed, and different garage doors shall be used. Respectfully, -^v1~-c~ IJ W,(I~;~~ William Faus Planning Division Manager !\Y\ J v 7-1-98 At their meeting of July 1, 1998, the Planning Commission forwarded a recommendation of approval for A/S 98-25 with 17 conditions as set forth in the staff report by a vote of5-0-2 (Chairman Pinheiro and Commissioner Gartman absent). AYES: BLANKLEY, COLLIER, LA!, PUENTE, TUCKER NAYES: NONE ABSENT: PINHEIRO, GARTMAN .", . '. . . I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached Resolution No. 98-52 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 23rd day of September, 1998. ~lJ1J&e~N' City Clerk of the City of Gilroy (Seal)