Resolution No. 2021-06 | Zoning Amendment 20-06 Negative Declaration and Approval of a Planned Unit Development APN 790-17-002 & 003 | Adopted 08/05/2021RESOLUTION NO. 2021-06
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY RECOMMENDING TO THE CITY COUNCIL ADOPTION OF A
NEGATIVE DECLARATION AND APPROVAL OF 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, the Planning Commission of the City of Gilroy has considered the
Planned Unit Development request (Z 20-06), in accordance with the Gilroy Zoning
Ordinance, and other applicable standards and regulations; and
WHEREAS, on August 05, 2021, the Planning Commission held a duly noticed
public hearing on the proposed project, at which public hearing the Commission
independently considered the Negative Declaration prepared for the project together with
comments received during the 30 day public review period and the proposed project
applications, staff report as well as all evidence received including written and oral public
testimony related to the project Z 20-06; 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; and
WHEREAS, the Planning Commission of the City of Gilroy has determined that the
proposed Planned Unit Development design complies with all required Planned Unit
Development findings, presented below:
i) The Negative Declaration (SCH #2021060179) adequately evaluated all potential
environmental effects of this project, in compliance with the requirements of the
California Environmental Quality Act.
Resolution No. 2021-06
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ii) 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.
iii) 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.
iv) 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.
v) 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.
vi) 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.
vii) 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, 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.
viii) 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.
ix) The project will not create traffic congestion, noise, odor or other adverse effects on
surrounding areas.
x) The project as proposed and conditioned provides adequate access, parking,
landscaping, trash areas and storage, as necessary.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Gilroy
hereby recommends to the City Council adoption of Negative Declaration
(SCH#2021060179) and approval of Z 20-06, amending Assessor Parcel No's 790-17-002
and -003 from the R3 to R3-PUD zone district, for the Cottages at Kern project as shown on
Project Plans prepared by Ruggeri -Jensen -Azar (RJA) dated October 22, 2021, consisting
of seven (7) sheets, and subject to development as proposed by the concurrent and related
applications TM 20-06 and AS 20-20.
PASSED AND ADOPTED this 5th day of August 2021 by the following roll call vote:
AYES: COMMISSIONERS: Lewis, Ridley, Fischer and Moreno
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: Bhandal, Doyle
ATTEST: APPROVED:
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km
Tom Fischer (Ja 20'2022 11:12 PST)
Karen L. Garner, Director Tom Fischer, Chairperson