Ordinance 2019-03ORDINANCE NO.2019-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING ZONE CHANGE Z17-03, A PLANNED UNIT DEVELOPMENT
ZONING AMENDMENT TO APPROVE THE CONSTRUCTION OF THE 78
UNIT MIX -USE MONTEREY APARTMENT DEVELOPMENT, FILED BY
JAN HOCHHAUSER
WHEREAS, Jan Hochhauser submitted a zone change request ("Z 17-03") for a Planned
Unit Development for the Monterey Apartment mix -use development project ("Project"); and
WHEREAS, the subject property is located to the north of downtown Gilroy and is on the
west side of Monterey Road, where Union Pacific railroad tracks and vacant land are on the east of
subject parcel. (APN 790-14-025); and
WHEREAS, the Mitigated Negative Declaration (MND) prepared for the Project determined
that while the proposed Project would result in less than significant effects on the environment, the
Project has been mitigated to a point where no significant effects will occur; and
WHEREAS, said Z 17-03 was referred to various city departments, including the Technical
Advisory Committee, for recommendations; and
WHEREAS, the Planning Commission of the city of Gilroy has considered Z 17-03 on
October 4, 2018, in accordance with the Gilroy Zoning Ordinance, and other applicable standards and
regulations and recommended to the City Council approval of Z 17-03; and
WHEREAS, on November 19, 2018 the City Council of the City of Gilroy considered the staff
report along with testimony received at the duly -noticed public hearing and other materials and
continued the public hearing for Z 17-03 to January 7, 2019; and
WHEREAS, on January 7, 2019, the City Council of the City of Gilroy considered the staff
report along with testimony received at the continued public hearing and other materials related to Z
17-03.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY HEREBY
DOES ORDAIN AS FOLLOWS:
SECTION I
The City Council finds that the Project (Z 17-03) complies with all required findings of Gilroy
City Code Section 30.50.50(d) for development plan approval in a PUD, as follows:
a. The Project conforms to the Gilroy general plan policies and High Density
Residential land use designation in terms of general location and standards of development.
b. The Project provides the type of development which will fill a specific need of the
surrounding area as it complies with the R4 zone district standards and land use types.
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C. The Project will not require urban services beyond those currently available to
serve the property which is an infill development site.
d. The Project will provide a harmonious and integrated plan which justifies
exceptions to the normal R4 zoning requirements by allowing a small 4,435 square foot
commercial space for up to four businesses as part of the project (not exceeding 25% of the land
uses). The mixed use commercial portion of the Project will be complementary in design, serve
residents in the area, and remains in character with development along Monterey Street.
e. The Project reflects an economical and efficient pattern of land uses as it is an infill
development project that meets the intended R4-PUD density including a state density bonus and
parking concession, complies with the building height and setback standards, is adjacent to
residential development and has been designed to consider its relationship to adjacent land uses.
£ The Project includes greater provisions for landscaping and open space that would
generally be required including provision of a pedestrian path to connect the project with adjacent
residential neighborhoods and provide a safe route to schools.
g. The Project utilizes high quality design details that will create an attractive
building designed to blend with the character of surrounding areas.
h. The Project will not create traffic congestion, noise, odor or other adverse effects
on surrounding areas.
i. The Project will provide adequate access, parking, landscaping, trash and storage
areas.
SECTION II
Z 17-03 is hereby approved subject to the following conditions:
a. The Project (Z 17-03) shall be implemented consistent with the plans and materials
submitted for concurrent application AS16-19.
b. The Project (Z 17-03) is subject to all, restrictions and requirements established in
Gilroy City Code Section 30.50.26 and 30.50.50 which address modifications, time limits, violations
and revocations, and revisions.
SECTION III
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 IV
ORDINANCE NO.2019-03
Pursuant to section 608 of the Charter of the City of Gilroy, this ordinance shall be in full force
and effect thirty (30) days from and after the date it is adopted.
PASSED AND ADOPTED by the City Council on this 281h day of January, 2019 by the
following vote:
AYES: COUNCILMEMBERS: BLANKLEY, BRACCO,
MARQUES, LEROE-MUNOZ, TOVAR and VELASCO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: TUCKER
n
APP-4O 1D:
Roi'and Velasco, Mayor
AT ST:
Sh a Freels, City C erk
ORDINANCE NO. 2019-03
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2019-03 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 28t' day of January, 2019, 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 29t' day of January, 2019.
Shawna Freels, MM
City Clerk of the City of Gilroy
(Seal)