Resolution 2007-07
RESOLUTION NO. 2007-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING A/S 06-25, AN APPLICATION
FOR ARCHITECTURAL AND SITE APPROVAL OF A
PLANNED UNIT DEVELOPMENT (PUD) FOR THE
DEMOLITION OF FOUR EXISTING APARTMENTS AND
REPLACEMENT WITH FOUR NEW TOWNHOUSE UNITS
ON APPROXIMATELY 0.23 ACRES LOCATED AT 620
BROADWAY STREET, APN 790-32-048
WHEREAS, Michael Oshan submitted application A/S 06-25, an application for
architectural and site approval of a Planned Unit Development ("PUD") for the demolition of
four existing apartments and replacement with four new townhouse units on an approximately
0.23-acre site zoned R3 (Medium Density Residential), located at 620 Broadway Street
("Project"), APN 790-32-048; and
WHEREAS, the California Environmental Quality Act ("CEQA") provides a categorical
exemption for replacement projects on the same site pursuant to CEQA Guidelines Section
15302, which applies to this Project, as set forth in Ordinance No. 2007-01; and
WHEREAS, the Planning Commission held a duly noticed public meeting on November
2, 2006, at which time the Planning Commission considered the public testimony, the staff report
dated October 26, 2006 ("Staff Report"), and all other documentation related to application
A/S 06-25, and recommended that the City Council approve the application; and
WHEREAS, the City Council held a duly noticed public meeting on December 4, 2006,
at which time the City Council considered the public testimony, the Staff Report and all other
documentation related to A/S 06-25; and
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Resolution No. 2007-07
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:
SECTION I
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 summarized below:
1) The Project conforms to the Gilroy General Plan in terms of general location
and standards of development. The Project site is designated as Medium Density
Residential and zoned R3. The residential density of 15.4 units per acre is within the
General Plan density range for Medium Density development.
2) The Project fills a specific need of the surrounding area. The immediate area
is developed with various older apartment building complexes. The new townhouse units
will provide an additional housing opportunity and upgrade to the overall area.
3) The Project does not require urban services beyond those that are available.
The urban services necessary for this development are currently available at the site.
4) The Project provides a harmonious, integrated plan that justifies exceptions, if
such are required, to the normal requirements of this ordinance. The Project was
specifically designed to eliminate the need for a costly and possibly non-viable
homeowner's association for such a small number of units, which is why a common open
space area is not included. Each unit is provided with its own private yard area, and the
outdoor roof deck was creatively included to add additional private open space. The
townhouse units are a significant upgrade to the overall area from the existing apartment
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Resolution No. 2007-07
building that was constructed in 1958. The townhouse units also provide an additional
homeownership opportunity.
5) The Project is an in-fill project that reflects an economical and efficient use of
this property. The Project constitutes the re-use of an existing site within an older multi-
family residential neighborhood.
6) The Project includes greater provisions for landscaping and open space than
would generally be required. Each lot includes approximately 34% of the lot in
landscaping areas. A common open space area was specifically eliminated from the
design to eliminate the need for a homeowner's association. However, a rooftop deck
was included for each unit to provide additional private open space.
7) The Project utilizes aesthetic design principles to create attractive buildings
and open space areas that blend with the character of the surrounding area. The design of
the buildings, entryways and landscape areas blend with and improve the character of the
surrounding area.
8) The Project does not create traffic congestion, noise, odor or other adverse
effects on surrounding areas. The proposed Proj ect will not create traffic congestion,
noise, odor or other adverse effects beyond that evaluated by the General Plan.
9) The Project provides adequate access, parking, landscaping, trash areas and
storage, as necessary. Adequate access, parking, landscaping, trash areas and storage
have been provided.
B. Application A/S 06-25 should be and hereby is approved subject to the conditions
attached hereto as Exhibit A and incorporated herein by this reference.
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Resolution No. 2007-07
SECTION II
This Resolution shall become effective, and approval of A/S 06-25 shall be granted, if,
and only if, and upon the same date that Ordinance No. 2007-01 approving Z 06-12 takes effect.
If said Ordinance does not take effect, then A/S 06-25, without further action required by the
City Council, is denied.
PASSED AND ADOPTED this 22nd day of January, 2007, by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, CORREA, VELASCO, and
PINHEIRO
NOES:
COUNCILMEMBERS:
BRACCO, GARTMAN, and VALIQUETTE
NONE
ABSENT:
COUNCILMEMBERS:
APPROVED:
( ,~f~~.-A-'
Rhon a Pellin, City Clerk
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Resolution No. 2007-07
EXHIBIT A
Z 06-12, AlS 06-25
10/26/06
Based on these nndim!s. Staff recommends that the Plannim! Commission forward a recommendation,
of APPROVAL to the Citv Council for this Planned Unit Develooment Architecture and Site Review.
subiect to the followinl! 21 conditions:
"
The applicant shall meet the following conditions, subjectto the review and approval of the
Planning Division, Cydney Casper (408-846-0440):
"
1. Approval of NS-PUD 06-25 is subject to the applicant receiving approval of the zone change
(Z 06-12) for a Planned Unit Development overlay.
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 colors submitted for this project.
7. All fences must meet the requirements of Zoning Ordinance Section 34.
8. The following language shall b~ 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. A reciprocal access easement and maintenance agreement for the shared private driveway shall be
recorded against each of the four lots prior to final parcel map approval.
10. The applicant will be required to obtain an approved parcel map prior to issuance of any building
pennit.
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Z 06-12" A1S 06-25
10/26/06
The applicant shall meet the following conditions, subject to the review and approval of the Fire
Marshal, Jacqueline Bretschneider (408-846-0439):
11. Single Family Homes with a fenced yard shall have a gate that opens to a public way (or to an "
open yard that leads to a public way).
"
12. All buildings shall be provided with residential fire sprinklers conforming to NFPA 13D, with
attached garages sprinklered and a pilot head in the attic space. Risers shall be inside of the
garage and shall provide a bell on the exterior and one horn on the interior. Most non-hillside
homes should be able to provide for the fire sprinklers with a 1" meter. Please consult a fire
,
sprinkler contractor to confirm water meter size. Water supply lines from the meter to the home
should be at least 1.25 inches. Type L or better copper is required for all copper piping.
13. An address shall be provided at building permit submittal. Obtain addresses from the Engineering
Section. All home address numbers shall be illuminated a minimum of 2.5 inches in height with a
3/8 inch stroke and placed to read from left to right and/or top to bottom, and located at least 60
inches high from the ground.
14. Chimneys shall have spark arrestors installed. No permanent outdoor, wood-fired fireplaces/pits
are allowed. Trees and tree branches shall not be within 10 ft of a chimney.
15. Locks shall comply with the City Building Security Ordinance.
16. Egress Windows shall be provided on all sleeping rooms. A room that does not have a clearly
defined use as a kitchen, closet, dining room, living/family room or study shall be considered a
bedroom. Studiesllibraries with closets shall be treated as bedrooms. Storage rooms that are
provided with windows, and electrical outlets and are greater than 50 square feet may also be
considered bedrooms if attached to a dwelling unit.
17. An illuminated site diagram shall be installed at the driveway entrance showing location and
addresses of all buildings in the development.
18. Gates to two or fewer homes shall be provided with KNOX key access.
19. Driveway Gates to more than two dwelling units shall be electronically opening and shall be
provided with a police and fire KNOX key over-ride. When the units are more than 150 ft from
the gate the gate shall be also activated by the Fire Department Opticom signal.
20. When Gated, Driveway gates shall be set back from the street a minimum of 30 ft. on local streets,
and 75 ft from collector streets (Except for alley loaded driveways, which can have a gate at the
property line.)
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Z 06-12, A1S 06-25
10/26/06
21. Private access driveways more than 25 ft long, and with curbs, shall have the curbs painted red.
Respectfully,
~
William Faus
Planning Division Manager
bfaus@ci.gilroy.ca.us
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I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached
Resolution No. 2007-07 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
22nd day of January, 2007, 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 8th day of February, 2007.
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City CI rk of the City of Gilroy
(Seal)