Ordinance No. 2022-06 | Planned Unit Development Zoning Amendment Z 21-04 | Adopted 08/15/2022ORDINANCE NO. 2022-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A PLANNED UNIT DEVELOPMENT ZONING
AMENDMENT (Z 21-04) FOR PROPERTY LOCATED ON GURRIES
DRIVE (APN: 790-35-038, 039, & 054)
WHEREAS, on July 22, 2021 an application was submitted by El Encanto III LLC
proposing subdivision of a 8,256 square foot site into four lots, located on Gurries Drive (APN:
790-35-038, 039, & 054) within the City of Gilroy R3 Medium Density Residential zoning district
(“Project”); and
WHEREAS, the application was resubmitted on May 11, 2022 and accepted as complete
on May 11, 2022; and
WHEREAS, On November 2, 2020 the Gilroy City Council adopted the Gilroy 2040
General Plan after certifying an EIR for the plan and whereas the General Plan EIR reviewed all
of the topics included on the Appendix G environmental checklist in the State CEQA Guidelines
as well as all sections required to be included in an EIR; and
WHEREAS, the project has been determined to be exempt from the California
Environmental Quality Act (CEQA) under a Statutory Exemption pursuant to Public Resources
Code section 21083.3 and State CEQA Guidelines section 15183 (Projects Consistent with General
Plan, Community Plan or Zoning). Public Resources Code Section 21083.3 allows a lead agency
to avoid repeating analyses that were already provided in a certified General Plan EIR and where
projects are zoned to accommodate a particular density of development; and
WHEREAS, the Planning Commission held a duly noticed public meeting on July 7, 2022,
at which time the Planning Commission received and considered the staff report as well as all
evidence received including written and oral public testimony related to the project Z 21-04; and
WHEREAS, the Planning Commission of the City of Gilroy determined that the proposed
Planned Unit Development Zoning Map Amendment (Z 21-04) meets the findings for approval
and recommended that the City Council approve application Z 21-04, subject to the Conditions of
approval attached hereto as Exhibit A.
WHEREAS, the City Council held a duly noticed public hearing on August 1, 2022, at
which time the City Council received and considered the staff report as well as all evidence
received including written and oral public testimony related to the project Z 21-04; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which the project approval is based is the Community
Development Department, Planning Division.
DocuSign Envelope ID: ACE5B3DF-69FF-4220-B69A-597561C4549E
Ordinance No. 2022-06
Planned Unit Development Zoning Amendment Z 21-04
City Council Regular Meeting | August 15, 2022
Page 2 of 4
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
The City Council finds that:
A. “The project conforms to the Gilroy General Plan in terms of general location and
standards of development.”: The proposed density is consistent with the Medium Density
General Plan land use designation and R-3 zoning designation. This designation is intended
primarily for multi-family attached structures (townhomes, condominiums, apartment
buildings). Per the General plan, buildings are typically two to three stories tall.
B. “The project provides the type of development that will fill a specific need of the
surrounding area.”: The townhome project is consistent with Housing Element Goal H-1
(Housing Production) that strives to provide adequate residential sites to accommodate
projected housing needs and encourage the production of a variety of housing types.
Smaller lots accommodate smaller units, such as the 1,576 square foot units being
proposed, which is typically a more affordable housing option than the typical detached
single-family housing that is predominate in Gilroy.
C. “The project will not require urban services beyond those that are currently available.”:
All utilities needed to serve the project are located adjacent to the property.
D. “The project provides a harmonious, integrated plan that justifies exceptions, if such are
required, to the normal requirements of this ordinance.”: The proposed development
proposes reduced setbacks in order to achieve the allowable density and still provide a
reasonable unit size (1,576 square feet). The site layout and building design is compatible
with the surrounding townhome units. The townhome project is consistent with Housing
Element Goal H-1 (Housing Production) to provide adequate residential sites to
accommodate projected housing needs and encourage the production of a variety of
housing types.
“The project reflects an economical and efficient pattern of land uses.”: The project
proposes an economical and efficient pattern of land uses by developing the full potential
of the allowed density of the medium density land use designation.
E. “The project includes greater provisions for landscaping and open space than would
generally be required.”: The private rear yards area are a minimum 230 square feet in area,
exceeding the minimum 150 square foot area for R3 properties (City Code section 30.7.5).
F. “The project utilizes aesthetic design principles to create attractive buildings and open
space areas that blend with the character of surrounding areas.”: In keeping with the
existing surrounding development, the units have been designed with multiple wall planes,
varying roof lines, and two (2) different exterior materials (lap siding and board and batt).
DocuSign Envelope ID: ACE5B3DF-69FF-4220-B69A-597561C4549E
Ordinance No. 2022-06
Planned Unit Development Zoning Amendment Z 21-04
City Council Regular Meeting | August 15, 2022
Page 3 of 4
Entry porches are stepped back from the façade of the building.
G. “Not create traffic congestion, noise, odor, or other adverse effect on surrounding areas.”:
The infill project is designed in a consistent manner with the surrounding properties so as
not to create any traffic congestion, noise, odor, or other adverse effect on surrounding
areas.
H. “The project provides adequate access, parking, landscaping, trash areas and storage, as
necessary.”: The project provides adequate access from Gurries Drive and each unit
provides a 2-car garage in addition to driveway parking. The property shares guest parking
(lot to the west) with the development to the north and east, consistent with City Code. The
applicant has requested a “Will Serve” letter from Recology, the City’s waste hauler.
SECTION II
The Planned Unit Development Zoning Amendment (Z 21-04) for property located on
Gurries Drive (APN: 790-35-038, 039, & 054) within the City of Gilroy R3 Medium Density
Residential zoning district 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 21-14 and TM 21-03.
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.
DocuSign Envelope ID: ACE5B3DF-69FF-4220-B69A-597561C4549E
Ordinance No. 2022-06
Planned Unit Development Zoning Amendment Z 21-04
City Council Regular Meeting | August 15, 2022
Page 4 of 4
PASSED AND ADOPTED this 15th day of August, 2022 by the following roll call vote:
AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, HILTON,
LEROE-MUÑOZ, MARQUES, TOVAR,
BLANKLEY
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
APPROVED:
Marie Blankley, Mayor
ATTEST:
___________________________
Thai Nam Pham, City Clerk
DocuSign Envelope ID: ACE5B3DF-69FF-4220-B69A-597561C4549E
CERTIFICATE OF THE CLERK
I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2022-06 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 held on Council
held Monday, August 15, 2022, 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 Monday, August 15, 2022.
____________________________________
Thai Nam Pham, CMC, CPMC
City Clerk of the City of Gilroy
(Seal)
DocuSign Envelope ID: ACE5B3DF-69FF-4220-B69A-597561C4549E