Resolution 2004- 04
RESOLUTION NO. 2004-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING A/S 03-20, AN APPLICATION FOR
ARCHITECTURAL AND SITE APPROVAL OF A PLANNED
UNIT DEVELOPMENT (PUD) FOR AN II-UNIT
RESIDENTIAL SUBDIVISION ON APPROXIMATELY 1.9
ACRES ON THE WEST SIDE OF CHURCH STREET ACROSS
FROM WOODWORTH WAY, APN 790-16-061
WHEREAS, Mark Hewell, the applicant, submitted A/S 03-20, an application for
architectural and site approval of a Planned Unit Development ("PUD") for an eleven (11 )-unit
small-lot residential subdivision with private driveways on approximately 1.9 acres on the west
side of Church Street across from Woodworth Way, APN 790-16-061; and
WHEREAS, the California Environmental Quality Act ("CEQA") provides a categorical
exemption for infill development projects pursuant to CEQA Guidelines Section 15332, which
applies to this project; and
WHEREAS, the Planning Commission held a duly noticed public meeting on
November 6, 2003, at which time the Planning Commission considered the public testimony, the
Staff Report dated October 29, 2003 ("Staff Report"), and all other documentation related to
application A/S 03-20 and recommended that the City Council approve said application with
conditions; and
WHEREAS, the City Council held a duly noticed public meeting on November 17, 2003,
at which time the City Council considered the public testimony, the Staff Report, the
supplemental Staff Report dated November 7, 2003, and all other documentation related to
application A/S 03-20; and
WHEREAS, the City Council determined that nine (9) conditions should be incorporated
into the project as set forth in the Staff Report; 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. 2004-04
SECTION I
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council hereby adopts the findings as required by Zoning Ordinance
section 50.55 based upon substantial evidence in the entire record.
1. The project conforms to the Gilroy General Plan in terms of general location
and standards of development.
2. The proposed development fulfills a specific need of the surrounding area
because the smaller size of the proposed residences will provide a more
affordable housing type than the majority of residences currently under
development.
3. The project is an infill project and therefore does not require urban services
beyond those which are available at the project site.
4. The project plan is harmonious, integrated, and will improve the existing
development because it is consistent with adjacent small-lot single-family
residences and is integrated with the Santa Clara Valley Water District
channel facilities on the project's north side.
5. The project is an infill development and therefore reflects an economical and
efficient use of this property.
6. The project includes landscaping provisions which will meet the intent of the
Planned Unit Development ordinance and exceed minimum City
requirements.
7. The design of the project's buildings, entryways and landscape areas blend
with the character ofthe surrounding area.
8. The project as mitigated will not create traffic congestion, noise, odor or other
adverse effects on the surrounding areas.
9. The project provides adequate access, parking, landscaping, trash areas and
storage, as necessary.
B. A/S 03-20 should be and hereby is approved subject to the nIne (9) final
conditions of approval attached hereto as Exhibit A, and incorporated herein by
this reference.
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Resolution No. 2004-04
SECTION II
This Resolution shall become effective only if, and, upon the same date that Z 03-02,
Ordinance No. 2003-24 takes effect, and AS 03-20 is not approved unless and until Ordinance
No. 2003-24 takes effect.
PASSED AND ADOPTED this Sth day of January, 2004 by the following
AYES: COUNCILMEMBERS:
CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO,
and PINHEIRO
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
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/ lbert Pinheiro, Mayor
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Resolution No. 2004-04
EXHIBIT A
PLANNED UNIT DEVELOPMENT CONDmONS (A/S 03-20)
1. Approval of NS 03-20 is subject to the applicant receiving approval of Zone Change application Z 03-
02 and 1M 03-01.
2. Landscaping: Landscaping plans including specifications for an irrigation system and project entryway
features shall be approved by the Planning Division in accordance with the adopted Consolidated
Landscaping Policy, prior to issuance of a building permit.
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 outward from the site
toward any residential use or public right-of-way.
5. Setbacks shall be limited to no less than the following:
Twenty (20) feet for front yard setback with the exception of a ten (10) foot setback for Lot 8;
All garages must have a minimwn setback of twenty (20) feet;
Five (5) feet for side yards;
Ten (10) feet for rear yards; and
Rear yard patio covers may encroach into a rear yard setback by five (5) feet.
6. An additional "Capitol Pedestrian Electrolier" must be placed near the parking spaces at the terminus
of the driveway off Church Street.
7. The developer shall be required to install street trees according to the Consolidated Landscaping
Policy. The developer will be required to obtain a Street Tree Permit from the Community Services
Division prior to installation of the trees.
8. Building colors shall be of earth tone colors consistent with the sample boards submitted for this
project.
9. The residential unit on Lot 9 shall face the Santa Clara Valley Water District channel or provide
architectural features on the right side that faces the channel.
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2004-04 is an original resolution, or true and correct copy of a city resolution,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
5th day of January, 2004, 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 10th day of February, 2004.
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(Seal)