HomeMy WebLinkAboutPosted 08/05/2021 | Public Notice - Summary Ordinance Adoption - Planned Unit Development Zoning Amendment (Z 20-06)PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Santa Clara
I am a resident of the State of California and
over the age of eighteen years, and not a
party to or interested in the above entitled
matter.
I am the principal clerk of the publisher of the
Gilroy Dispatch, published in the city of
Gilroy, County of Santa Clara, State of
California, Friday, and on line for which said
newspaper has been adjudicated a newspaper
of general circulation by the Superior Court
of the County of Santa Clara, State of
California, under the date of June 10,
1961, Action Number 80709, that the
notice of which the annexed is a printed copy
had been published in each issue thereof and
not in any supplement on the following
date(s):
September 24, 2021.
I, under penalty of perjury, that the foregoing
is true and correct. This declaration has been
executed on September 24, 2021.
GILROY DISPATCH
7455 MONTEREY ROAD
GILROY, CA 95020
/s/ Juliana B. Pulcrano /
Legal Publications Specialist
Gilroy Dispatch, Morgan Hill Times
Hollister Free Lance
Phone # (408) 709 3952
E-mail: jpulcrano(olnewsvmedia.com
Website: www.gilroydisi)atch.com
City of Gilroy
ORDINANCE 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 AT9130
& 916o 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
pr 2perty; 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
Qroposu 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
lands eQgdfrontyards, private
interior stilts and sidewalks,
Public art near the new proposed
Public sidewalk along Kern
Avenue. and common -area
IandscapingasPlanned Unit
Development amenities; and
WHEREAS, an Initial Study/
Negative Dedaraflw (SCH
#2021060179) wasprepared 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 citydepartments,
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.
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 City Council held
a duly noticed ppublic hearing on
August16, 202L atwhichtimethe
CityCouncil tookand considered
written and oral public testimony,
the staff report dated July 27.
2021, and all otherdocumentation
related to application Z 20-G6; and
NOW, THEREFORE, THE CRY
COUNCIL OFTHE CITY OF
GILROY DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION
The City Council findsthat
i) The project conforms to the
a pp I icab le Gi I roy Ge n eral Plan
in that it proposesresidential
development consistent with the
Medium Density Residential land
use densityof 8-16 un its per acre.
li) The project provides the type of
development thatwill fill a specific
need of the surrounding area,
consistingof small lotdetached
residential units thatwould be in
keepingwith the neighborhood
character.
iii) The project will notrequire
urban services beyondthose
that a recu rrentiy available to
serve development of the site at
the densities anticipated by the
generalplan.
iv) The project providesa
harmonious, integratedplan that
justifies exceptions to the normal
requirements of this ordnance
in order to accommodate the
detached family housing units at
the minimum required density
range of 8.3 units per are.
v)Theprojectreflectsan
economical and efficient pattern
of land uses, as the smal lot
residential land use would
comply with minimum parking
standards, dimensions, setbacks.
open space and project amenity
requirements.
vi)The project includes greater
p rovisions for landscaping
and open space than would
generallybe required. Residential
landscape/open space
requirements are 35%of the lot,
whereaswhh the project, all lots
would provide at least a combined
48% landscape/open recreation
areas. In addition to this the
project proposesa 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 otheradverse effects on
surroundingareas.
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 (A PN: 790-17-002 & 003)
amending the R3 PUDfor a small
lot residential development is
hereby approved subject to the
followingconditions:
I. The development approval shall
be implemented consistentwith
the plans and materials submitted
for concurrent applications AS
20-20and TM20-06.
2. Theapproval 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
Ifany section, subsection,
subdivision. sentence, clause, or
phrase of this Ordinance is forany
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 608of 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-MUNOZ, MARQUES,
TOVAR. BLANKLEY
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
APPROVED:
s/s Marie Blankley, Mayor
ATTEST: s/s LeeAnn McPhillips,
Interim City Clerk
(Pub GD9/24)
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