Ordinance 2016-09ORDINANCE NO. 2016 —09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING ZONING APPLICATION Z 13 -08,
CHANGING THE ZONING DESIGNATION FROM R4 (HIGH
DENSITY RESIDENTIAL) TO R4/PUD (HIGH DENSITY
RESIDENTIAL / PLANNED UNIT DEVELOPMENT) TO ALLOW A
202 -UNIT CONDOMINIUM TOWNHOUSE DEVELOPMENT ON
PROPERTY LOCATED AT THE SOUTHEAST CORNER OF
SANTA TERESA BLVD. AND FIRST ST. (APNs 808- 01 -21, 808 -01 -22
& 808- 01 -23)
WHEREAS, Imwalle Properties (the "Applicant ") submitted Zoning application Z
13 -08 (Z- 13 -08) to change the zoning designation from R4 (High Density Residential) to
R4/PUD (High Density Residential/Planned Unit Development) on approximately 10 acres
located at the southeast corner of Santa Teresa Blvd. and First St., APNs 808- 01 -21, 808 -01-
22 & 808- 01 -23; and
WHEREAS, in accordance with the California Environmental Quality Act, an expanded
Initial Study was prepared for the project and, based on that Study, the Planning Division
provided public notice of the intent of the City to adopt a mitigated negative declaration (MND
#2015 -02) for this project and determined that, with adoption of the proposed mitigation
measures as amended, no significant adverse effects are expected to result from the proposed
development; and
WHEREAS, a mitigation monitoring and reporting plan has been prepared, consistent
with the MND; and
WHEREAS, the Planning Commission held a duly noticed public hearing on December
3, 2015, at which time the Planning Commission considered the public testimony, the staff report
dated December 3, 2015, and all other documentation related to Z 13 -08, and recommended that
the City Council approve Z 13 -08; and
WHEREAS, the City Council held a duly noticed public hearing on March 21, 2016 at
which time the City Council considered the public testimony, the Staff Report, MND, and all
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other documentation related to Z 13 -08; and
WHEREAS, on March 21, 2016, the City Council adopted the MND, and continued Z-
13-08 to the April 4, 2016, City Council meeting; and
WHEREAS, on April 4, 2016, the City Council further considered Z -13 -08 and all
additional documentation related to Z- 13 -08; and
WHEREAS, because Section 30.26 of the Gilroy City Code provides that a Planned Unit
Development Combining District such as requested by this application requires a higher standard
of amenities in exchange for the ability to reduce setbacks and provide a lower density for the
project, the Applicant is required to and has agreed to meet the amenity requirement by
providing a clubhouse, tot lot and swimming pool for use by the project residents; and
WHEREAS, Government Code Section 65863 provides that properties zoned to
accommodate lower income housing to be rezoned to a lower density only when findings can be
made that the lower density is consistent with a city's general plan and that the remaining sites
are sufficient to accommodate the city's fair share housing allocation.
WHEREAS, the Applicant proposes to convert the' L" shaped street from a public street
to a private street and the elimination of three units from the project results in a reduction of its
density from 20 units per acre to 18.6 units per acre. This density is below the minimum
required for the R4 zoning district. The Applicant proposes this reduction be approved through
the Planned Unit Development process.
WHEREAS, the City council finds that under the R4 zoning, the subject property has a
capacity to accommodate 216 units. Removal of these 216 units from the current capacity will
leave a capacity of 1,268 units, significantly above the required minimum capacity of 455 units.
WHEREAS, the current General Plan density range for the property is 16 to 30 units per
acre. The proposed density is 18.6 units per acre, within that density range; and
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WHEREAS, the City Council finds that the project is consistent with the policy direction
provided by the General Plan; and
WHEREAS, the location and custodian of the documents or other materials that
constitute the record of proceedings upon which this Project approval is based is the office of the
City Clerk.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
Zoning change application Z 13 -08 is hereby approved.
SECTION II
If any section, subsection, subdivision, sentence, clause or phrase of this ordinance is for any
reason held to be unconstitutional or otherwise void or invalid by any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have passed this Ordinance and each section,
subsection, subdivision, sentence, clause or phrase thereof, irrespective of the fact that any one or
more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional.
SECTION III
This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption.
PASSED AND ADOPTED this 18th day of April, 2016, by the following vote:
AYES: COUNCILMEMBERS: BRACCO, HARNEY, LEROE- MUNOZ,
TUCKER and WOODWARD
NOES: COUNCILMEMBERS: VELASCO
RECUSED: COUNCILMEMBERS: AULMAN
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ward, Mayor
ORDINANCE NO. 2016-09
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2016 -09 is an original ordinance, or true and correct copy of a City
ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 18`h day of April, 2016, 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 20'h day of April, 2016.
City Clerk of the City of Gilroy
(Seal)