Resolution 2004- 52
RESOLUTION NO. 2004-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY MODIFYING A/S 03-28, AN APPLICATION
FOR ARCHITECTURAL AND SITE APPRO V AL OF A
PLANNED UNIT DEVELOPMENT (PUD) FOR A MIXED-
USE DEVELOPMENT, AND APPROVING 24 SENIOR
DETACHED DUET UNITS LOCATED ON THE NORTH
SIDE OF CYPRESS COURT WEST OF JUNIPER DRIVE,
APNS 808-01-012, 015 AND 808-02-033
WHEREAS, Orchard Valley Communities c/o Cliff Johnson, the applicant, submitted
AlS 03-28, an application for architectural and site approval of a Planned Unit Development
("PUD") for a mixed-use development with 80 apartment units, 24 senior detached duet units
and future commercial shopping center phase on approximately 14.47 acres located on the north
side of Cypress Court west of Juniper Drive, APNs 808-01-012, 015 and 808-02-033; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), a Final
Environmental Impact Report ("EIR") was prepared for the City of Gilroy General Plan Update
and certified by the City Council on June 13, 2002 in compliance with CEQA; and the Council
adopted CEQA findings and a Statement of Overriding Considerations in Resolution No. 2002-
41, and adopted a mitigation/monitoring program; and
WHEREAS, pursuant to CEQA, California Public Resources Code section 21093, the
City has determined that architectural and site approval AlS 03-28 is consistent with the Final
EIR for the General Plan Update; and
WHEREAS, the Planning Commission held a duly noticed public meeting on February 5,
2004, at which time the Planning Commission considered the public testimony, the EIR, the
Staff Report dated January 28, 2004 ("Staff Report"), and all other documentation related to
application AlS 03-28, and recommended that the City Council approve said application with
conditions; and
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Resolution No. 2004-52
WHEREAS, the City Council held a duly noticed public meeting on May 3, 2004, at
which time the City Council considered the public testimony, the Staff Report, Supplemental
Staff Reports dated February 24,2004, March 12,2004, April 12, 2004, and April 23, 2004, and
all other documentation related to application AJS 03-28; and
WHEREAS, the City Council determined to approve only the twenty-four (24) senior
detached duet units in this application AJS 03-28; 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:
A. The City Council hereby adopts the findings for the modified project as required
by Zoning Ordinance secti<?n 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 project fills a specific need ofthe surrounding area in that the project will
create senior and apartment units, providing a more affordable housing type to
the community.
3. The project does not require urban services beyond those that are available at
the project site.
4. The project provides a harmonious, integrated plan that transitions from the
single-family residences across the street on Cypress Court and is consistent
with Planned Unit Development standards and policies.
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Resolution No. 2004-52
5. The project is both an economical and an efficient LIse of the land upon which
the project is located, providing more affordable housing types while in-filling
a site that has existing development on all four sides of the property.
6. The project is part of an overall development that will provide an extensive
amount of open space and recreational amenities that meet the intent of the
Planned Unit Development ordinance and exceeds minimum City
requirements.
7. The project utilizes aesthetic design principles to create buildings that blend
with the character of the surrounding area.
8. The project will not create traffic congestion, noise, odor or other adverse
effects on the surrounding areas beyond those evaluated by the General Plan
Final EIR.
9. The project provides adequate access, parking, landscaping, trash areas and
storage.
B. Application AlS 03-28 for twenty-four (24) senior detached duet units should be
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and hereby is approved subject to the final conditions of approval, attached hereto
as Exhibit A and incorporated herein by this reference, and subject to the
mitigation measures and mitigation monitoring program set forth in the General
Plan CEQA Res. No. 2002-41.
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Resolution No. 2004-52
SECTION II
This Resolution shall become effective, and approval of A/S 03-28 granted, if, and only
if, and upon the same date that Ordinance No. 2004-07 approving Z 03-l4A becomes
effective. If said Ordinance does not take effect, then A/S 03-28, without further actions
by the City Council, is denied.
PASSED AND ADOPTED this 7th day of June, 2004 by the following vote:
AYES: COUNCILMEMBERS:
CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO and
PINHEIRO
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
APPROVED:
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ATTEST:
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Rhollda Pellin, City Clerk
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Resolution No. 2004-52
EXHIBIT A
ARCHITECTURE & SITE REVIEW (PLANNED UNIT DEVELOPMENn CONDITIONS
1. Approval of AlS 03-28 is subject to the applicant receiving approval of the amendment to RD
01-07/SHE 02-02, the zone change (Z 03-14) and tentative map (TM 03-04) applications.
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. 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.
6. Building colors shall be of earth tone colors consistent with the color elevations submitted for
this project.
7. All fences must meet the requirements of Zoning Ordinance Section 34.
8. Additional Architectural & Site Review approval will be required for the future residential
and commercial phases.
9. The applicant shall install amenities, exceeding minimum City standards, with the second
residential phase to service both the senior unit phase and the second phase.
10. The following language shall be included on any permits issued at the project site, subject to
the review and approval of the Gilroy Engineering and Building Divisions. "All construction
activities shall be limited to weekdays between 7:00 AM and 7:00 PM, and to Saturdays and
City holidays between 9:00 AM and 7:00 PM. No construction is allowed on Sundays.
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2004-52 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
7th day of June, 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 29th day of June, 2004.
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City lerk of the City of Gilroy
(Seal)