Resolution 2010-50
RESOLUTION NO. 2010-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING A/S-PUD 10-11, AN APPLICATION FOR
ARCHITECTURAL AND SITE APPROV AL OF A 4.35-ACRE
29-LOT SUBDIVISION ON RONAN AVENUE, APN 790-16-231,
AND REPEALING RESOLUTION No. 2010-31
WHEREAS, KB Home submitted application A/S/PUD 10-11, requesting architectural
and site approval of a Planned Unit Development to create 29 single-family residential parcels
("the Project") on approximately 4.35 acres located on Ronan Avenue at the termini of Brazos
Street and Bosque Street, APN 790-16-231 (formerly 790-16-057); and
WHEREAS, a former applicant received architectural and site approval of a Planned
Unit Development for 29 single family residential parcels on this site on Ju1y 19, 2010 as set
forth in Res. No. 2010-31, and KB Home wishes to modify that architectural and site approval;
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 at duly noticed public meetings on July 29,2010
and on September 2, 2010 considered this new application, the public testimony, the staff reports
dated July 29, 2010 and on September 2, 2010 ("Staff Reports"), and all other documentation
related to application A/S-PUD 10-11, and recommended that the City Council approve this
application as modified; and
WHEREAS, the City Council, at its duly noticed meeting on September 20, 2010,
considered public testimony, the Staff Reports, a supplemental staff report dated September 20,
2010 and all other documentation related to application A/S PUD 10-11, and determined to
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approve the modified plan with different architectural details and setbacks. The City Council
agreed to the elimination of condition 8, which required that the applicant install a play structure
at the park located next to Antonio del Buono School, but maintained the condition # 15 that the
developer design and implement the grading, irrigation and hydro seeding of the 3.63-acre City
park next to Antonio del Buono School; 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:
SECTION I
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 as it meets the Low Density Residential density
restrictions.
2. This Project will provide the type of development which will fill a specific
need of the surrounding area. This Project will create housing, which will assist the City
in meeting its housing goals. In addition, this Project will develop an infill site.
3. The Project does not require urban services beyond those that are currently
available at the Project site.
4. The original project was revised down to 29 homes to conform more to the
neighborhood generally to provide a harmonious, integrated plan that justifies exceptions
to the normal requirements of this ordinance. This Project will generally fit on the lots
that have been approved in the subdivision of the property, and are in general
conformance with the homes approved as part of the original A/S PUD 09-12.
5. The Project is an economical and efficient use of the property because it is
an infill project and it maximizes the density allowed in the Rl zoning district.
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6. The Project includes greater provIsIons for landscaping than would
generally be required with an off-site improvement to a City park, but does not provide
for more open space due to smaller lot sizes and setbacks. However, improvements to
the park adjacent to Antonio del Buono School will increase the amount of recreational
space and landscaping in the vicinity.
7. The proposed homes utilize aesthetic design principles to create attractive
buildings and the design will blend with the surrounding neighborhood.
8. The Project will not create traffic congestion, noise, odor or other adverse
effects on surrounding areas that are inconsistent with this zoning district.
9. The Project provides appropriate access, parking, landscaping, trash areas
and storage. Although less on-street parking would be provided than in a standard single
family subdivision, the proposal meets City minimum parking standards.
SECTION II
Application A/S-PUD 10-11 hereby is approved subject to the conditions of
approval set forth in Exhibit "A" attached hereto and entitled "KB Home Architectural and
Site Review Final Conditions of Approval (A1S PUD 10-11)". The developer shall enter into
an Improvement Agreement to the satisfaction of the Engineering Division and the Community
Services Department for the construction of the amenities for the City park as set forth in
condition 15 within 30 days of this approval.
SECTION III
Resolution No. 2010-31 adopted by the City Council on Ju1y 19,2010 to approve A/S
PUD 09-12 relating to the same site is hereby repealed and replaced with this Resolution.
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Resolution No. 2010-50
PASSED AND ADOPTED this 4th day of October, 2010 by the following vote:
AYES:
NOES:
ABSENT:
ATTES
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Shawna Freels, City Clerk
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DILLON, GARTMAN, WOODWARD and
PINHEIRO
ARELLANO, BRACCO, TUCKER
NONE
APPROVED:
~
. bert Pinherro, Mayor
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Resolution No. 2010-50
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2010-50 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 4th day of October, 2010, 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 11 th day of October, 2010.
iJ4 d?
s wnaFre~c~
City Clerk of the City of Gilroy
(Seal)