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Resolution 2014-36RESOLUTION NO. 2014-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING ARCHITECTURAL & SITE REVIEW APPLICATION AS 13 -27, FOR 67 SINGLE - FAMILY RESIDENTIAL HOMES LOCATED WITHIN THE HECKER PASS SPECIFIC PLAN, WEST RESIDENTIAL CLUSTER, APNS 810 -20 -015, GILROY INVESTORS, LP, APPLICANT WHEREAS, Gilroy Investors, LP submitted an application requesting Architectural & Site Review for 67 single - family residential homes and associated landscaping and other public and private improvements ( "AS 13 -27 "); and WHEREAS, the subject property is located within the Hecker Pass Specific Plan, within an area identified as the West Residential Cluster; and WHEREAS, AS 13 -27 was referred to various public utility companies, City departments, including the Technical Advisory Committee for recommendations, and the Planning Commission; and WHEREAS, the Planning Commission held a duly noticed public hearing on May 1, 2014, at which time the Planning Commission considered the public testimony, the staff report dated May 1, 2014 ( "Planning Commission Staff Report"), and all other documentation related to AS 13 -27, and recommended that the City Council approve said application with 105 conditions; and WHEREAS, the City Council held a duly noticed public hearing on June 16, 2014, and considered the public testimony, the Planning Commission Staff Report, a supplemental staff report dated June 16, 2014 ( "City Council Staff Report"), and all other documentation related to application AS 13 -27 and requested City Staff to prepare resolutions of approval for the Project; and WHEREAS, the City Council of the City of Gilroy has considered AS 13 -27 in accordance with the Gilroy Zoning Ordinance, and other applicable standards and regulations; and WHEREAS, the City Council of the City of Gilroy finds AS 13 -27 conforms to the City's General Plan and elements thereof, including the Hecker Pass Specific Plan; and WHEREAS, a final environmental impact report has been certified for the Hecker Pass Specific Plan, and the proposed development is consistent with that Specific Plan, therefore, no further environmental analysis is required by the California Environmental Quality Act; and RESOLUTION NO. 2014-36 4822 -3839.54190 JH104706089 WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this Project approval is based, is the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT:. SECTION I The City Council hereby adopts the findings as required by Zoning Ordinance Section 50.55 based upon substantial evidence in the entire record as summarized below: 1. AS 13 -27 conforms to the Gilroy General Plan in terms of general location and standards of development. 2. AS 13 -27 will create a variety of housing types and sizes, which will fill a specific need of the surrounding area and assist the City in meeting its housing goals. 3. AS 13 -27 will not require urban services beyond those that are currently available. 4. AS 1.3 -27 conforms to the Hecker Pass Specific Plan, which is harmonious and integrated. 5. AS 13 -27 is a clustered, compact development, which is an economic and efficient use of land. 6. AS 13 -27 includes greater provisions for landscaping and open space than would generally be required, which includes a four -acre linear park with a 1.4 -acre private neighborhood park, the construction of a 12' multi -modal trail adjacent to SR 152, as well as landscaping in common areas and front yard landscaping. 7. The homes meet City design standards set forth in the Hecker Pass Specific Plan to create attractive buildings, open space and site design to blend with the character of surrounding areas. 8. AS 13 -27 would not create traffic congestion, noise, odor or other adverse effects on surrounding areas. 9. AS 13 -27 will provide adequate access, parking, landscaping, trash areas and storage, as necessary. 10. The applicant agrees with the necessity of and accepts all elements, requirements, and conditions of this resolution as being a reasonable manner of preserving, protecting, providing for, and fostering the health, safety, and welfare of the citizenry in general and the persons who work, visit or live in this subdivision in particular. 4822-M89 9419v1 JH10470608 RESOLUTION NO. 2014 -36 SECTION 11 The City Council of the City of Gilroy hereby approves AS 13 -27, subject to the conditions of approval set forth in Exhibit "A" attached hereto. SECTION III This Resolution shall take effect only if, and upon the same date that Resolution 2014 -35 takes effect approving Tentative Map application TM 13 -09. If said Resolution does not take effect, this this Resolution shall be null and void without further action by the City Council, and application A/S 13 -27 shall be deemed denied. PASSED AND ADOPTED on this ls` day of July, 2014 by the following roll call vote: AYES: COUNCILMEMBERS: ARELLANO, AULMAN, BRACCO, LEROE- MUNOZ, TUCKER, WOODWARD and GAGE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: Freels, City Clerk 4822a395419v1 JH104706089 I r ' FA' "JUA I M�l RESOLUTION NO. 2014-36 EXHIBIT A CONDITIONS OF APPROVAL AS 13 -27 1. This project shall conform to the plans prepared by Ruggeri- Jensen -Azar, dated October 9, 2013 and the plans prepared by Bucilla Group Architects dated December 6, 2013 and stamped "approved," except as modified by the City Council's approval of these applications and conditions of approval. The colors and materials shall conform to the colors and materials board prepared by Bucilla Group Architects, Inc. and stamped "Approved" by the Planning Division. 2. Approval of this Architectural & Site Review is subject to approval of TM 13 -09. Conditions 3 — 25 of this resolution are also conditions of approval for Tentative Map TM 13 -09. 3. No building permit shall be issued in connection with this project if the owner or developer of such development (i) is not in compliance with the City's Residential Development Ordinance (City Zoning Ordinance Sections 50.60 et seq.) referred to as the RDO, any conditions of approval issued in connection with such development, or other City requirements applicable to such development; or (ii) is in default under any agreement entered into with the City in connection with such development pursuant to the RDO. The project must also comply with any condition of exemption granted from the RDO, including but not limited to time limits in obtaining City approvals and completion of construction of the dwelling units. 4. All mitigation measures as identified in the EIR are applicable to the project and must be adhered to and implemented. 5. All future development within the specific plan area shall implement the following conditions to minimize disturbance to potentially significant cultural resources. Each of the following shall be made a condition of approval for grading and Building Permits: a. Developers of each project within the specific plan area shall contract with a qualified archaeologist to provide an archeological site assessment to determine the need for monitoring during grading and excavation activities. b. If cultural resources are discovered during construction, work shall be halted at a minimum of 165 feet (50 meters) from the find and the area shall be staked off. The monitoring professional archaeologist, if one is on site, shall be notified. If a monitoring professional archaeologist is not on -site, the city shall be notified immediately and a qualified professional archaeologist shall be retained. If the find is determined to be significant, appropriate mitigation measures shall be formulated by the professional archaeologist and implemented by the responsible party. (Mitigation Monitoring Program) Substantiation of compliance with this condition shall be submitted to and approved by the Planning Division prior to issuance of a grading permit for the project. 6. If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the Gilroy Police Department contacts the coroner of Santa Clara County to 4838-3111- 6827v1 JH104706089 determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if. a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. 7. The project shall comply with all relevant provisions of the Santa Clara Valley Habitat Conservation Plan. 8. A Habitat Mitigation Plan shall be required for the loss of any habitat within the Uvas Creek corridor as a result of the development of the project. Said Plan shall be prepared by a qualified biologist and identify the exact amount and location of impacted and replacement habitat. Replacement vegetation shall be locally obtained native riparian species. Any loss of riparian woodland vegetation should be mitigated on -site, when possible, at a minimum of 3:1 replacement ratio, unless otherwise determined by the Department of Fish and Game and the City. The Plan shall be submitted and approved prior to recordation of the final subdivision map. 9. Prior to issuance of a grading permit for recreational improvements in or adjacent to the Uvas Creek riparian corridor, or construction adjacent to grassland habitat, a qualified biologist shall be retained to inform workers of potential presence of the special- status species, their protected status, work boundaries, and measure to be implemented to avoid loss of these species during construction activities. (HPSP Policies 5 -40 & 51). 10. For any recreational improvements proposed in or adjacent to the Uvas Creek riparian corridor, which contains potential habitat for California tiger salamander, western spadefoot toad, yellow - legged frog, California red - legged frog, western pond turtle, steelhead, yellow - breasted chat, and /or yellow warbler, construction related activities shall be conducted outside of the rainy season. The project proponent shall retain a qualified biologist to monitor construction activities occurring within 100 feet of the Uvas Creek riparian corridor. If any special status species are observed at the site, a qualified biologist shall salvage and relocate individual(s) to an appropriate area outside of the construction zone. If California red - legged frog, a federally threatened species, or California tiger salamander, a federally and state - listed threatened species, are observed at the site, construction activities shall be halted and the USFWS and /or California Department of Fish and Wildlife shall be contacted for further assistance HPSP Policy 5 -43). Substantiation of compliance with this condition shall be submitted to and approved by the Planning Division prior to issuance of a grading permit. 4838- 3111-6827v1 JFW4706089 11. Pre - construction surveys for protected birds shall be conducted for improvements or development proposed in or adjacent to potential nesting habitat ( i. e., riparian woodland) if development is proposed during the nesting and /or breeding season of loggerhead shrike (generally February through June) or raptors (generally March through August). If any active nests are found within survey area, at the discretion of the biologist, clearing and construction within 250 feet shall be postponed or halted until nests are vacated and juveniles have fledged and there is no evidence of a second attempt at nesting ( HPSP Policy 5 -44). Substantiation of compliance with this condition shall be submitted to and approved by the Planning Division prior to issuance of a grading permit. 12. Prior to issuance of a grading permit, a Phase 1 Environmental Site Assessment shall be prepared in accordance with ASTM Standard(s) to identify whether past or existing uses of the project property may have adversely affected soil or groundwater, or would otherwise pose a health hazard during site development or habitation. If the Phase I assessment finds that past uses may have contaminated the site, a Phase 2 Site Assessment shall be prepared. If contamination is present, clean up and disposal of such contamination shall be in compliance with federal, state and local regulations governing the cleanup and disposal of hazardous waste. Results of the Phase 1 and, if needed, the Phase 2 assessment and cleanup shall be presented to and approved by the City of Gilroy Engineering Division prior to issuance of a Building Permit. (Mitigation Monitoring Program) 13. Prior to issuance of any building permits for the subdivision, the applicant shall enter into an agreement with the City for the replacement of the eight significant trees that are to be removed. The agreement shall specify that replacement trees shall be provided at a ratio of 4 to 1. The species and location of the replacement trees is to be to the approval of the City. 14. The protected zone of any tree or group of trees to be retained shall be fenced to prevent injury to the trees during construction. Said fencing shall be done under the supervision of a certified arborist (HPSP Policy 7 -9). In addition, all conditions contained in the Tree Survey and Arborist Report for the Hecker Pass Enclave Site prepared by Live Oak Associates and dated September 23, 2013 shall be incorporated into project plans. Demonstration of compliance with this condition shall be submitted to and approved by the Planning Division prior to issuance of a grading permit for the subdivision. 15. Prior to the issuance of a grading permit for the subdivision, detailed plans illustrating the means for preserving trees 16, 17, 18 and 19 (identified in the Tree Survey and Arborist Report for the Hecker Pass Enclave Site prepared by Live Oak Associates and dated September 23), shall be submitted to and approved by the Planning Division. Said plans shall also be approved by a certified arborist. 16. The applicant shall contract with an arborist to evaluate the trees along the project frontage in the Caltrans right -of -way and provide recommendations for pruning and maintenance. The report shall be submitted to the Planning Department prior to approval of the final map and any recommendations for pruning shall be implemented prior to issuance of building permits for any of the homes in the subdivision. An encroachment permit from Caltrans will be required for any work within the right -of -way. 4838 -3111 -68270 JH104706089 17. The project applicant shall specify in project plans the implementation of the following dust control measures during grading and construction activities for any proposed development. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Planning Division prior to issuance of a grading permit for the subdivision: a. Water all active construction areas at least twice daily; b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; C. Pave, apply water three times daily, or apply (non- toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; d. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; e. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets; f. Hydroseed or apply (non- toxic) soil stabilizers to inactive construction areas previously graded areas inactive for ten days or more); g. Enclose, cover, water twice daily or apply (non- toxic) soil binders to exposed stockpiles (dirt, sand, etc.); h. Limit traffic speeds on unpaved roads to 15 mph; i. Install sandbags or other erosion control measures to prevent silt runoff to public roadways; j. Replant vegetation in disturbed areas; k. Place a minimum of 100 linear feet of 6 to 8 inch average diameter cobble at all exit points to dislodge and trap dirt from vehicle tires; I. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and II. Limit the area subject to excavation, grading and other construction activity at any one time. (Mitigation Monitoring Program) 18. All noise generating construction activities shall be limited to weekdays between 7: 00 AM and 7:00 PM and to Saturdays between 9:00 AM and 7: 00 PM. No construction is allowed on Sundays or city holidays. In addition, temporary berms or noise attenuation barriers shall be utilized when necessary. This requirement shall be attached as a contractor work specification for all projects. (Mitigation Monitoring Program) 19. Street lights on Grassland Way in the vicinity of the Uvas Creek Linear Park shall be designed to direct lighting away from the nearby riparian habitat. (HPSP Policy 5 -39) 20. Placement of mailbox structures within the subdivision shall comply with U.S. Postal Service requirements and shall be subject to the review and approval by the Postal Service and the City Public Works and Community Development Departments. Approval shall be required prior to recordation of the final subdivision map. If modifications to the Architectural and Site Review and/or Tentative Maps are required, the applicant shall apply for modification to those permits. 48383111- 6827v1 JH \04706089 21. Prior to recordation of the final map, plans shall be submitted to and approved by the Public Works and Community Development Departments indicating the material to be used for retaining walls in the project. 22. The Conditions, Covenants and Restrictions and homeowners association bylaws for the subdivision shall be submitted to and approved by the Public Works, Community Development and Fire Departments prior to recordation of the Final Map. The CC &Rs and By -Laws shall include, but not be limited to, a statement that the private streets within the subdivision are to remain open and un -gated unless and until modification to street configuration at the entrances to the subdivision is approved by the City Planning Commission and installed by the homeowners association. 23. The developer shall disclose to every future homebuyer that the Uvas Creek Park Preserve located south of this site will be developed with a trail that is open to the public. Proposed language for the disclosure shall be submitted to and approved by the Planning Division prior to issuance of any building permits for the subdivision. 24. An Integrated Agricultural Management Plan shall be prepared for the agricultural parcel. The Plan shall be prepared based on recommendations of the Santa Clara County Department of Agriculture and be submitted to and approved by the Planning Division prior to recordation of the final map. The Plan shall be recorded against the agricultural parcel. (HPSP Policy 5 -10) 25. The developer shall disclose to every future homebuyer that active farming will occur on the agricultural lands within the Hecker Pass Specific Plan area. That disclosure shall include, but not be limited to, the Integrated Agricultural Management Plan developed for the adjacent agricultural property. Proposed language for the right -to -farm disclosure shall be submitted to and approved by the Planning Division prior to issuance of any building permits for the subdivision. (HPSP Policy 5 -9 & 11) 26. Prior to issuance of building permits for any lots within the subdivision, revised architectural plans shall be submitted to and approved by the Planning Division that include: a. Revision of Sheet AS -4 to indicate a minimum rear yard setback for the Larger Lots of 20 feet, the minimum side yard setback for the Smaller Lots of 4 feet and the use of Plan 1 on Lot 46. b. Revision to the architectural plans to provide additional architectural enhancement of all side and rear building elevations that face streets within the subdivision. C. Revision of the Plans 3 and 4 to include side yard gates on the garage side of those models. d. Revision of the building elevations of the houses facing the private street on Lots 39 and 46 to provide additional architectural enhancements. 27. Prior to issuance of building permits for any lots within the subdivision, detailed landscape and irrigation plans shall be submitted to and approved by the Planning Division. The detailed plans shall include, but not be limited to: a. Revised plant palette for the Non - Irrigated Naturalized Area to be consistent with the plant material specified in the Specific Plan 48383111 -68270 JH104706089 b. Revision of the area included within the Linear Park to be consistent with that area shown in the Specific Plan. C. Enhanced front yard landscaping of Lots 39 and 46 to include specimen sized trees and mature shrubbery. d. Substantiation of compliance with Section 30.38.50 of the City Code, Water Conservation in Landscaping. e. Guidelines for the Linear Park that prevent contamination of Uvas Creek and its associated riparian habitat by pesticides, herbicides, fungicides, and fertilizers. (HPSP Policy 5- 45) f. Benches and other furniture to be included at the designated Vista Points along the Uvas Creek Trail. 28. Prior to issuance of building permits for any lots within the subdivision, detailed plans for fencing of the agricultural area and Class I trails shall be submitted to and approved by the Public Works and Community Development Departments. 29. All fences shall be constructed in a manner consistent with the requirements of City Code Section 30.34, Fencing. PUBLIC WORKS DEPARTMENT CONDITIONS — incorporated into TM 13 -09 resolution POLICE DEPARTMENT CONDITIONS - none BUILDING DIVISION CONDITIONS 30. The foundation design, based on soils tests, shall be reviewed and approved by the Community Development Department prior to issuance of building permits. 31. Certification of compaction for each lot shall be required prior to concrete pour. 32. Certification of final grades on each lot shall be required prior to Building Permit final. 33. FIRE DEPARTMENT CONDITIONS 34. All Fire Department conditions shall be included as notes on the cover page of the construction drawings submitted for building permit. 35. All houses with a fenced yard shall have a gate that opens to a public way (or to an open yard that leads to a public way). 36. All residential structures shall be provided with residential fire sprinklers including detached garages. City standards include: a. System to comply with NFPA 13D subject to inspection by the City. b. Riser shall be installed in the garage unless alternate approved by the Fire Marshal C. If the water supply to the home is not at the garage, a check valve shall be supplied at the location of the tee from the domestic supply, water supply from point of entry to the riser shall be approved fire sprinkler line. 4838 - 3111-68270 JH104706089 d. All enclosed garages and attached carports shall be provided with sprinkler protection. e. At least 1 sprinkler of each type shall be present in the spare head box at final. f. An exterior bell/horn shall be installed on the bedroom side of the home. A horn device shall be provided for the interior living space. g. Sprinkler CPVC piping in attic space shall be provided with adequate insulation or be done with a copper riser. h. Sprinkler coverage shall be provided underneath stairwells when used as storage, closets or bathrooms (even if less than 55 sq. ft.). Concealed spaces used for storage in attics or crawl spaces that exceed 55 sq. ft. in area and 6 ft. in height, shall be provided with sprinkler coverage. i. A pilot head shall be provided in the attic space at each attic access point. 37. Street addresses shall be provided at building permit submittal. House numbers shall be clearly visible from the street. Addressing shall be from the street that the front door faces and shall be visible from that street. If the house is recessed, obstructed or at an angle such that the front door is not visible from the street, an additional address sign shall be provided that is visible from the street. All main address numbers shall be illuminated a minimum of 2.5 inches in height with a 3/8 inch stroke and placed to read from left to right and/or top to bottom, and located at least 60 inches high from the ground. For alley facing garages the address number shall also be provided on the alley side of the structure. 38. Egress Windows shall be provided on all sleeping rooms. 39. Chimneys shall have spark arrestors installed. No permanent outdoor, wood —fired fireplaces /pits are allowed. Trees and tree branches shall not be within 10 ft. of a chimney. 40. Red curbing and signage shall be maintained by the Home Owners Association. 41. A parking enforcement plan shall be implemented by the Homeowners Association. 42. Prior to issuance of building permits for any lots in the subdivision, the applicant shall submit and receive Planning Division approval of a separate Architectural and Site Review application that will accomplish the following: a. Provide at least two separate model plans for both the Large and Mid -range lots in the subdivision b. Provide at least one single story plan for either the Large or Mid -range lots within the subdivision. That single story plan shall be used on at least 6 lots within the subdivision, and C. Provide at least three alternative exterior styles for each plan within the subdivision d. Ensure that each model plan is used on multiple lots within the subdivision and that there is not a repetition of plans or exterior styles on adjacent lots. 48383111 -68270 N04706089 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2014 -36 is an original resolution, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 1St day of July, 2014, 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 1St y of July, 2014. Sha a Freels, MM City Clerk of the City of Gilroy (Seal)