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Resolution No. 77-19 - Planning Commission 5840859 ......, '\ kcfer to Resolution #77-13 D ~. dk~ 1/- 9- 7;d- .~ . 271 PAGE 38 NO FEE. In accordance with Government Code Section (lJ: it~ nf (i iIrn~ 7390 Rosanna Street, P. O. Box 66 GILROY, CALIfORNIA 95020 PLANNING COMMISSION RESOLUTION # 77-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY) CALIFORNIA) GRANTING A VARIANCE TO ALLOW A REDUCTION IN OFF-STREET PARKING ON CERTAIN REAL PROPERTY LOCATED IN THE CITY OF GILROY ***************************************************************** VARIANCE APPLICATION #77-2 APPLICANT: American Development Company LOCATION: Monte Bello Drive ZONE: R-3 (Low Density Multiple) ***************************************************************** THE PLANNING COMMISSION OF THE CITY OF GILROY, CALIFORNIA, DOES RESOLVE AS FOLLOWS: WHEREAS, the Planning Commission, after giving due notice did on the 3rd day of March, 1977, conduct a public hearing to consider a Variance from Section 53.2 (a-1-c) of the Zoning Ordin- ance, to allow a reduction in off-street parking on property generally located on Monte Bello Drive and more particularly described: Portion of Los Animas Ranch lot # 16, as shown on Map NO.7 accompanying the Final Report of the Referees in the Los Animas Rancho Partition Suit, Action No. 5536 had in the Superior Court of the State of California for the County of Santa Clara and more particularly described as follows: Beginning at the point of intersection of the line common to Ranchlots 16 and 21, with the Northeast corner of the parcel of land conveyed to Monte Bello apartments, a limited partner- ship, recorded December 22, 1972 in Book 0167 of Official Records page 375; thence along said line common to Ranchlots 16 and 21, south 880 51' 32" east, 372.36 feet to the Southeasterly corner of Ranchlot 21; thence along the northerly line of that certain 157.788 acre tract of land described as Parcel 4 in the Deed to San Martin Vineyards Company, recorded in Book 2627 of Official Records, page 215, south 840 58' 17" east, 62.89 feet; thence south 00 51 I 24" west, 316.79 feet; thence north 89008' 36" west, 435.07 feet to the easterly line of the parcel of land conveyed to Monte Bello Apartments hereinabove referred to; thence along said easterly line north 00 51 I 24" east, 322.55 feet to the point of beginning. WHEREAS, the subject parcel is exempt (Class 5) from the California Environmental Quality Act requirements and did not re- quire a Negative Declare.tl.on and WHEREAS, at,ct ; ~lic tearing a staff report was presented and all persons desir ~ ." sneak on the subject Variance request we re heard. At the con.:.... ':5 ion 01 said hearing, after cons idering all t"he evidence prese~'eJ the Planning Commission made certain findings and reached a ecision en the Variance request as herein- af-er set forth: TI-]e Variance was (] .JI ted, and the number of parking spaces to be provi ded by t if. developer shall be 45 (covered) and 12 open for a tota ~ 57 parking spaces. D Z'l1 PAGE 39 P C RESOLUTION #77-19 - 2 - 3/3/77 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Gilroy as follows: 1. That the above recitals are true and correct. 2. That the Planning Commission makes the following findings of fact: a. Approval of this Variance request is justified since the project is to provide housing for the elderly which customarily does not require the same off-street parking ratios as other apartment projects. b. Approval of this Variance request should not be de- trimental to adjacent property owners since reduction of off-street parking as requested will not place a sub- stantial burden on on-street parking facilities pro- vided in this general area. c. Approval of this Variance request is justified on the basis that all off-street parking as may be required by the Zoning Ordinance can be provided on-site should the project be converted at a later date to non-elderly housing. d. Approval of this Variance request will not have any adverse effects on surrounding properties. e. Approval of this Variance request is consistent with the General Plan since it will not change the basic use of the property as permitted under the General Plan. 3. That the above findings satisfy all the requirements of the applicable Sections of the California Government Code and the Zoning Ordinance of the City of Gilroy regarding the issuance of the Variance. 4. That in view of the findings heretofore made and considering the applicable law, a request for a Variance from the terms of Section 53.2 (a-l-c) of the Zoning Ordinance to allow a reduction of off-street parking is hereby approved by the Planning Commission subject to the following conditions: a. The space normally used for parking be utilized for additional open space as suggested by the applicant. (garden plots) b. If the project is converted to a non-elderly residential use or if it is determined by the City of Gilroy that there is a parking problem, the developer or owner of record at that time shall immediately provide all off- street parking as required under the provisions of the Zoning Ordinance of the City of Gilroy at that time. A certified copy of this resolution shall be recorded to ensure that future property owners are notified of the conditions in this resolution. c. The developer shall submit elevation plans of the pro- posed carports to be reviewed and approved by the Architectural and Site Approval Committee, in order to ensure that these structures are compatible with the architecutural style of the building. d. Landscaping of this project shall not be installed until after the drought conditions are alleviated. The developer shall place a cash bond equal to the cost of landscaping materials to be used and labor costs P C RESOLUTION #77-19 - 3 - D 271 PAGE 40 3/3/77 with the Director of Public Works prior to issuance of a building permit. Said bond shall be returned to the developer at such time as landscaping of this project has been completed and approved by the Director of Planning. e. All requirements stipulated by the Building Department and Department of Public Works shall be complied with. f. The proposed apartment project shall be constructed in accordance with plans approved by the Architectural and Site Approval Committee on August 26, 1976. g. The developer shall provide 45 covered parking spaces and 12 open on-site spaces in front of the building. h. This resolution shall become final and effective twenty (20) days after the date of adoption of this reso- lution unless within this twenty (20) day period an appeal in writing is filed with the City Council by either the applicant or an affected party. PASSED AND ADOPTED by the Planning Commission of the City of Gilroy, California, this 3rd day of March, 1977, by the following vote to wit; AYES: Commissioners Braquet, Chiesa, Edde, Harrison, White, Aceves NAYES: None ABSENT: Commissioner Miller ABSTAIN: None '- Guadalupe Ac ATTEST: I, MICHEL A. BEDAUX, Secretary of the Gilroy Planning Commission hereby certify that this is a true and correct copy of Resolution number 77-19. Dated: March 9, 1977 Michel A. Bedaux, Secretary D 211 rAGE 41 I, SUSANNE E. STEIm1ETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 77-19 is an Planning Commission original resolution, duly adopted by the ~6~~~1 of the City of f "d Elannil)Q COITlUli.ssion h Gilroy at a regular meeting 0 sa1 ~P~~f neLO on t e 3rd day of March , 19~, at which meeting a quorum was present. IN WITNESS l-JHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy, this 9th day of November , 19 77 . l/' 5810859 D 271 PAG, 38 Ffl!O FOR Rf~ AT "E?r~ ~ 3 311~'17 Q OFFICIAL RE.CORDS SAN"!'A CLMU. COUNTY. ,GEOF:GE A MtdH~ .. . REGI$lRARRECORDER '"