Resolution 2005-55RESOLUTION NO. 2005-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING A/S 05 -13, AN APPLICATION FOR
ARCHITECTURAL AND SITE APPROVAL OF A PLANNED
UNIT DEVELOPMENT (PUD) "), TO MODIFY AN EXISTING
56 -UNIT APARTMENT COMPLEX (CRESTWOOD MANOR)
TO ALLOW FOR THE CONVERSION TO 56 CONDOMINIUM
UNITS LOCATED AT 8340 KERN AVENUE, APN 799 -22 -074.
WHEREAS, Albert Fortino, the applicant, submitted application A/S 05 -13, an
application for architectural and site approval of a Planned Unit Development ( "PUD "), to
modify an existing 56 -unit apartment complex (Crestwood Manor) to allow for its conversion to
56 condominium units located at 8340 Kern Avenue, APN 799 -22 -074; 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 July 7,
2005, at which time the Planning Commission considered the public testimony, the staff report
dated June 27, 2005 ( "Staff Report"), and all other documentation related to application A/S 05-
13, and recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public meeting on July 18, 2005, at
which time the City Council considered the public testimony, the Staff Report, a follow -up staff
report dated July 8, 2005, and all other documentation related to application A/S 05 -13; 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. 2005 -55
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 as described below:
The project conforms to the Gilroy General Plan in terms of general location and
standards of development.
The project fills a specific need of the surrounding area by providing additional
affordable housing ownership opportunities.
project site.
The project does not require urban services beyond those that are available at the
The project involves a harmonious, integrated, high- quality, higher- density design
that is not affected by the conversion into saleable condominium units
The project involves an existing development which is an economical and
efficient use of the property with multi - family development on the south and east sides.
The project involves an existing development with a significant amount of
common areas and amenities, exceeding minimum City requirements and meeting the City's
Multi- Family Residential Guidelines and the intent of the Planned Unit Development ordinance.
The project utilizes aesthetic design principles to create buildings, entryways and
landscape areas that blend with the character of the surrounding area.
The project does not create traffic congestion, noise, odor or other adverse effects
on surrounding areas.
storage.
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The project provides adequate access, parking, landscaping, trash areas and
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Resolution No. 2005 -55
B. Application A/S 05 -13 should be and hereby is approved subject to the final
conditions of approval, attached hereto as Exhibit A and incorporated herein by this reference.
PASSED AND ADOPTED this 1 S` day of August, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO
AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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ATTEST:
Rhonda Pellin, City Clerk
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APPROVED:
W eiro, Mayor
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Resolution No. 2005 -55
EXHIBIT A
ARCHITECTURAL & SITE REVIEW (A/S 05 -13) CONDITIONS
Provided a tenant is not in default under their rental agreement, each tenant shall
be given the right, for a period of 90 days after City approval of the final map for
the conversion, to purchase his or her unit on terms consistent with the following
purchasing program provided by the applicant:
a) For a period of 90 days after City approval of the final map, all existing
residents renting the subject units will have priority to purchase their unit (or
another unit should it occupant(s) decline to purchase) at a price and interest
rate which will maintain the monthly payment at approximately the same as
the current monthly rental payment.
b) Condominium units would be available for purchase for approximately
$265,000.
c) Tenants wishing to purchase units can elect to finance them through the
applicant through a five percent interest -only loan, for a period of five years.
Monthly interest -only payments would be approximately $1,039 per month.
Purchasers will be required to secure financing through another lender by the
end of that five -year period.
d) The required down payment shall be one percent of the purchase price
($2,650). Purchasers would be able to apply their last months' rent and
deposit toward their down payment.
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2005 -55 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
1 st day of August, 2005, 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 26th day of September, 2005.
City Clerk of the City of Gilroy
(Seal)