Resolution 2004- 84
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RESOLUTI ~ NO. 2004-84
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A RESOLUTION OF THE CI Y COUNCIL OF THE CITY OF
GILROY APPROVING A1Sli02-33, AN APPLICATION FOR
ARCHITECTURAL AND SI E APPROVAL OF A PLANNED
UNIT DEVELOPMENT (P . ) FOR A 12-UNIT SINGLE-
FAMILY PATIO HOME DE1VELOPMENT WITH COMMON
AREAS ON APPROXIMATElLY 1.25 ACRES LOCATED AT
9035 KERN AVENUE, APN 790-04-081
WHEREAS, Riverbend, LLC, the A~plicant, submitted A1S 02-33, an application for
architectural and site approval of a Planned Unit Development ("PUD"), for a 12-unit single-
family patio home development with common areas ("the Project") on approximately 1.25 acres
located at 9035 Kern Avenue, APN 790-04-0811; and
WHEREAS, the California Environm~tal Quality Act ("CEQA") provides a categorical
exemption for in-fill development projects pursuant to CEQA Guidelines Section 15332, which
applies to this project; and
WHEREAS, the City Council approve~ a request for a small project exemption from the
Residential Design Ordinance, specifically SRE 02-06, for 12 single-family residential units on
September 2,2003; and
WHEREAS, the Planning Commission held duly noticed public hearings on June 3,
2004, and July 1, 2004, at which time the Planning Commission considered the public testimony,
the staff report dated May 21, 2004 ("Staff !Report"), and all other documentation related to
application A1S 02-33, and recommended that ~he City Council deny said application; and
WHEREAS, the City Council held a dl1ly noticed public hearing on July 19,2004, on an
appeal by the applicant of the Planning Conntlission's decision, at which time the City Council
considered the public testimony, the StaffReJjort, a follow-up report dated June 14,2004 ("First
Follow-Up Report"), and all other documentation related to application A1S 02-33; and
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Resolution No. 2004-84
WHEREAS, the Applicant made certa n revisions to the Project thereafter as set forth in
a follow-up Staff report dated August 27,2004 ("Second Follow-Up Report"); and
WHEREAS, the City Council continued its deliberations on September 7, 2004; and
determined to add one condition requiring t~at parking spaces be numbered and assigned to
individual residential units with any remainde~ allocated to guest parking; and
WHEREAS, the location and custo~ian of the documents or other materials which
constitute the record of proceedings upon whi~h this project approval is based is the office of the
City Clerk.
NOW, THEREFORE, BE IT RESOL \fED THAT:
A. The City Council hereby adopts the findings as required by Zoning Ordinance
section 50.55 based upon substantial evidence lin the entire record.
1. The project conforms to the Gilroy General Plan in terms of general
location and standards of development in that the residential density of 10 units per acre is within
the General Plan and Zoning Ordinance den~ity ranges, and the project meets or exceeds City
standards for access, parking, landscaping and! amenities.
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2. The project fills a speqific need of the surrounding area by providing a
high-quality, higher-density residential development with reduced land cost that general creates a
more affordable housing project than the typicpl single-family development.
3. The project does not require urban services beyond those that are available
at the project site.
4. The project plan is h~rmonious and integrated and IS consistent with
Planned Unit Development standards and policies.
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Resolution No. 2004-84
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5. The project is an in-fill evelopment completely surrounded by residential
development, making it an economical and efficient use of this property.
6. The project includes cQrnmon areas and recreational amenities exceeding
minimum City requirements and meeting the <City's Multi-Family Residential Guidelines and the
intent of the Planned Unit Development ordintnce.
7. The project utilizes alfsthetic design principles to create an attractive
development that blends with the character ofthe surrounding areas.
8. The project will not create traffic congestion, noise, odor or other adverse
effects beyond that evaluated by the General Blan.
9. The project as revised as set forth in the Second Follow-Up Report will
provide adequate access, parking, landscaping! trash areas and storage.
B. A1S 02-33 should be and her~y is approved subject to the descriptions in the
Staff Report, the First Follow-up Report and the Second Follow-up Report, with the following
specific conditions:
1. The nine conditions of ~pproval from the Staff Report are attached hereto
as Exhibit A, and incorporated herein by this reference.
2. Seventeen parking spaces for guest parking, which spaces shall be
numbered and assigned to individual residential units with the remainder available for general
guest parking, said parking spaces to be distri~uted evenly throughout the site as described in the
Second Follow-Up Report, subject to the revi~ and approval of the Planning Department.
3. The Developer shall in~tall all common area and front yard landscaping
prior to issuance of a Certificate of Occupancy for the sixth residential unit. Landscaping along
the SCVWD channel shall include larger, fast~growing trees and shrubs to adequately buffer the
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Resolution No. 2004-84
channel. The trees and shrubs along the cha el shall be a minimum of 24-inch box size and the
shrubs shall be a minimum of five-gallon size.
4. Use ofthe required gara.ge parking for storage purposes is prohibited.
5. Any second story bediroom windows on the eastern elevation of the
residence of Lot 1 shall be frosted or opaque(l in a manner to preserve the rear yard privacy of
the adj acent lot.
SECTION II
This Resolution shall become effective, and approval of A1S 02-33 granted, if, and only
if, and upon the same date that Ordinance No. 2004-16 approving Z 02-12 becomes effective. If
said Ordinance does not take effect, then A1S 02-33, without further actions by the City Council,
is denied.
PASSED AND ADOPTED this 20th day of September, 2004 by the following vote:
AYES: COUNCILMEMBERS:
CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO and
PINHEIRO
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
AjPPROVED:
~or
ATTEST:
'd2 j) /)
_f(;~A~'
Rhonda Pellin, City Clerk
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Resolution No. 2004-84
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EXHIBIT A
Z 0242, TM 04-02, AIS 0~33
OSI2M04
ARCHITECTURE & SITE REVIEW (PLAlfNED UNIT DEVELOPMENn CONDITIONS
1. Approval of A/S 02-33 is subject to the appli~ receiving' approval of the zone change (Z 02-12) and
tentative map (TM 04-02) applications. .' '.
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2. Landscaping: Lands~ing plans including ~ifications for an irrigation system and project entryway
features shall be approved by the Planning Di~ion in accordance with the adopted Consolidated
Landscaping Policy, pqor to issuance of a b~g pernili. '
3. Mechanical Appurtenances: Mechanical equi~ment to be located on the roof of a building shall be
screened. . by an architectural feature of the b~.din . &. sqch that it cannot be seen from groWld level at the
far side of the adjacent puqlic right-of-way, whenever possible.
4. Exterior Lighting: No Wlobstructed beam of ~rior lighting shall be directed outward from the site
toward any residential use or public right-of-v(ay.
5. Building colors ~ be consistent with tbJcoi or elevations submitted for this project. .
6, ADfeoces must -die rtq1Jir_ ofZo.. g OrdinanceSectioo 34., The fencing along the w_
District Channel must be consistent with ..' 'ct requirements.
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7. Gr. ading, drainage, utility, landscap<; -lln. d ~.j'. cing plans should be sent for our. review and issuan~
of. permit prior to start of construction. '
8. The site drainage should be directed into existing on-site stonn drain system within the SQuth
Morey Creek watershed. !
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9. The site should include post construction water quality mitigation measures such as vegetated
swales.
Respectfully,
(t/hdiJL ;(o~
Wendie Rooney
Community Development Director
wrooney@ci. gilroy. ca. us
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I, RHONDA PELLIN, City Clerk ofth~ City of Gilroy, do hereby certify that the attached
Resolution No. 2004-84 is an original resoluti9n, or true and correct copy of a city resolution,
duly adopted by the Council of the City of Gilrby at a regular meeting of said Council held on the
20th day of September, 2004, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hert.1llnto set my hand and affixed the Official Seal of
the City of Gilroy this 23rd day of September, ~004.
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City C erk of the City of Gilroy
(Seal)