Resolution 2005-66RESOLUTION NO. 2005 -66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING A/S -PUD 05 -15, AN APPLICATION FOR
ARCHITECTURAL AND SITE APPROVAL OF A PLANNED
UNIT DEVELOPMENT (PUD) FOR THE SECOND PHASE OF A
MIXED -USE DEVELOPMENT, WHICH PHASE INCLUDES
CONSTRUCTION OF 38 PATIO HOMES AND A COMMON
AREA WITH AMENITIES ON THE NORTH SIDE OF CYPRESS
COURT WEST OF JUNIPER DRIVE, APN 808 -01 -012.
WHEREAS, Orchard Valley Communities submitted application A/S 05 -15, an
application for architectural and site approval of a Planned Unit Development ( "PUD "), for the
second phase of a mixed -use development, which phase includes construction of thirty -eight (38)
patio homes and a common area with amenities on the north side of Cypress Court west of
Juniper Drive, APN 808 -01 -012; and
WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA "), this
project falls within a categorical exemption as set forth in State CEQA Guideline 15332 for in-
fill projects; and
WHEREAS, the Planning Commission held a duly noticed public meeting on September
1, 2005, at which time the Planning Commission considered the public testimony, the staff report
dated August 19, 2005 ( "Staff Report"), and all other documentation related to application
A/S 05 -15, and recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public meeting on September 19, 2005,
at which time the City Council considered the public testimony, the Staff Report, a follow -up
staff report dated September 9, 2005 ( "Follow -Up Report"), and all other documentation related
to application A/S 05 -15; and
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Resolution No. 2005 -66
WHEREAS, the City Council determined that the conditions of approval set forth in the
Staff Report as modified by the Planning Commission and set forth in the Follow -Up Report,
should be incorporated into 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:
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 a high-
quality, higher density development with reduced land costs that is likely to create a less
expensive housing product than standard single - family homes, filling a community need for
more affordable housing.
project site.
The project does not require urban services beyond those that are available at the
The project provides a harmonious, integrated plan that is designed to transition
between the surrounding single - family, commercial, and multi - family developments while
incorporating an extensive amount of open space and recreational amenities.
The project is an infill development completely surrounded by existing
commercial and residential uses, and is therefore an economical and efficient use of this
property.
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Resolution No. 2005 -66
The project includes an extensive amount of open space and recreational
amenities exceeding minimum City requirements and meeting the City's Multi- Family Housing
Guidelines.
The project utilizes aesthetic design principles to create attractive buildings,
entryways and landscaped areas that blend with the residential and commercial character of the
surrounding areas.
The project does not create traffic congestion, noise, odor or other adverse effects
on surrounding areas.
The project, which includes 27 parking spaces along the driveway, provides
adequate access, parking, landscaping, trash areas and storage.
B. There is no substantial evidence in the entire record that the project will have a
significant effect on the environment.
C. Application A/S 05 -15 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 3rd day of October, 2005, by the following vote:
AYES: COUNCIL MEMBERS: CORREA, DILLON, MORALES,
VALIQUETTE, VELASCO,
GARTMAN
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
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NONE
Resolution No. 2005 -66
Lsri
ATTEST:
Rhonda Pellin, City Clerk
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Resolution No. 2005 -66
A/S 05 -15 EXHIBIT A Benassi Oaks 11
ARCHITECTURE & SITE REVIEW - PLANNED UNIT DEVELOPMENT CONDITIONS
1. Approval of A/S 05 -15 is subject to the applicant receiving approval of the
amendment to RD 01 -07 and tentative map (TM 05 -07) applications.
2. Landscaping: Landscaping plans including specifications for an irrigation system
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. Additional Architectural & Site Review approval will be required for the future
commercial development along First Street.
6. Building colors shall be of earth tones consistent with the color elevations submitted
for this project.
7. All fences must meet the requirements of Zoning Ordinance Section 34. Any solid
fencing along the northern boundary between the commercial and residential
components shall be of textured material and screened with landscaping.
8. 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."
9. Pedestrian access to the future commercial development shall be provided in
conjunction with the 30 -foot emergency vehicle access on the eastern side of the
development.
10. The common open space area shall include a children's playground area with related
play equipment.
11. Any Conditions, Covenants and Restrictions established for the Homeowner's
Association shall include a restriction prohibiting the use of the garage for storage
purposes that precludes the use of parking for two vehicles.
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2005 -66 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
3rd day of October, 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 4th day of November, 2005.
City Clerk of the City of Gilroy
(Seal)