Ordinance No. 2021-03 | Approving Planned United Development Zoning Amend. | Adopted 09/17/2021ORDINANCE NO. 2021-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A PLANNED UNIT DEVELOPMENT ZONING AMENDMENT
(Z 20-06) LOCATED AT 9130 & 9160 KERN AVE, APN 790-17-002 & -003.
FILED BY D.R HORTON, 6683 OWENS DRIVE, PLEASANTON, CA 94588.
WHEREAS, on October 29, 2020, an application submitted by D.R. Horton requesting a
Planned Unit Development zoning amendment (Z 20-06), and related AS 20-20 and TM 20-06
were accepted as complete, to allow a Planned Unit Development on the subject property; and
WHEREAS, the Planned Unit Development requests deviations to the base Medium
Density (R3) zone districts building setback and lot size standards; and
WHEREAS, the developer proposes to provide a 0.12-acre private common area with two
benches and a play structure, picnic area consisting of "turf", public art, currently anticipated to
be located adjacent to the development's entry road landscaped front yards, private interior streets
and sidewalks, public art near the new proposed public sidewalk along Kern Avenue, and
common -area landscaping as Planned Unit Development amenities; and
WHEREAS, an Initial Study/Negative Declaration (SCH #2021060179) was prepared for
the project in full accordance with the procedural and substantive requirements of the California
Environmental Quality Act (CEQA); and
WHEREAS, said planned unit development design permit/zone change application Z 20-
06 and the related entitlement AS 20-20 and TM 20-06 were referred to various city departments,
including the Technical Advisory Committee, for recommendations and conditions; and
WHEREAS, on August, 5, 2021, at a duly noticed public hearing the Planning Commission
of the city of Gilroy considered the project IS/ND environmental document, concurrent zone
change request Z 20-06, Tentative Map request TM 20-06 and application AS 20-20 in accordance
with the Gilroy Zoning ordinance Section's 30.50.40, 30.50.41, 30.50.50 and 21.41, and adopted
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resolutions 2021-06, 2021-07 and 2021-08 recommending the City Council adopt the IS/ND
environmental document and the project zoning entitlements; and
WHEREAS, the planned unit development permit Z 20-06 incorporates the plans, materials
and conditions of the Architectural and Site Plan approval AS 20-20 and Tentative Map approval
TM 20-06, by reference herein, which serves as the development plan and standards for project
construction; and
WHEREAS, the Planning Commission held a duly noticed public hearing on August 5,
2021, at which time the Planning Commission took and considered the written and oral public
testimony related to Zoning Text Amendment file number Z 20-06 and unanimously recommended
(5-0, 2 absent) that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on August 16, 2021, at
which time the City Council took and considered written and oral public testimony, the staff report
dated July 27, 2021, and all other documentation related to application Z 20-06; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
The City Council finds that:
i) The project conforms to the applicable Gilroy General Plan in that it proposes. residential
development consistent with the Medium Density Residential land use density of 8-16 units
per acre.
ii) The project provides the type of development that will fill a specific need of the
surrounding area, consisting of small lot detached residential units that would be in keeping
with the neighborhood character.
iii) The project will not require urban services beyond those that are currently available to
serve development of the site at the densities anticipated by the general plan.
iv) The project provides a harmonious, integrated plan that justifies exceptions to the normal
requirements of this ordinance in order to accommodate the detached family housing units
at the minimum required density range of 8.3 units per acre.
v) The project reflects an economical and efficient pattern of land uses, as the small lot
residential land use would comply with minimum parking standards, dimensions, setbacks,
open space and project amenity requirements.
vi) The project includes greater provisions for landscaping and open space than would
generally be required. Residential landscape/open space requirements are 35% of the lot,
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whereas with the project, all lots would provide at least a combined 48% landscape/open
recreation areas. In addition to this the project proposes a 5,316 square foot (0.12 acre)
open space area.
vii) The project includes design standards and criteria that utilizes aesthetic design principles
to create attractive buildings and open space areas that blend with the character of
surrounding areas.
viii) The project will not create traffic congestion, noise, odor or other adverse effects on
surrounding areas.
ix) The project as proposed and conditioned provides adequate access, parking, landscaping,
trash areas and storage, as necessary.
SECTION II
The Planned Unit Development permit, zone amendment, for The Cottages at Kern
Residential project (APN: 790-17-002 & 003) amending the R3 PUD for a small lot residential
development is hereby approved subject to the following conditions:
1. The development approval shall be implemented consistent with the plans and
materials submitted for concurrent applications AS 20-20 and TM 20-06.
2. The approval 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, the validity of the remaining portion of this Ordinance shall not be affected thereby.
SECTION IV
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 of its adoption.
PASSED AND ADOPTED this 13th day of September, 2021, by the following roll call vote:
AYES: COUNCILMEMBERS: ARMENDARIZ, BRACCO, HILTON,
LEROE-MUROZ, MARQUES, TOVAR,
BLANKLEY
NOES: COUNCILMEMBERS: NONE
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ABSENT: COUNCILMEMBERS: NONE
ATiTEST:
Ann McPhillips, InCity Clerk
APPROVED:
42L,
e Blankley, Mayor
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I, LeeAnn McPhillips, Interim City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2021-03 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 13'h day of September, 2021, 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 17th day of September, 2021.
Ann McPhill
Interim City Clerk ofity of Gilroy
(Seal)