Resolution 2002-67
RESOLUTION NO. 2002-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING NS 02-14, AN APPLICATION FOR
ARCHITECTURAL AND SITE APPROVAL OF A PLANNED
UNIT DEVELOPMENT (PUD) ON APPROXIMATELY 2 ACRES,
APN 790-08-005.
WHEREAS, James Kennedy, the applicant, submitted NS 02-14, an application for
architectural and site approval of a Planned Unit Development ("PUD") for construction of 12
single-family homes on approximately 2 acres, located on Church Street, one lot north of Farrell
A venue; and
WHEREAS, the California Environmental Quality Act (CEQA) provides a categorical
exemption for infill development projects pursuant to CEQA Guideline Section 15332, which
applies to this project; and
WHEREAS, the Planning Commission held a duly noticed public hearing on July 11, 2002,
at which time the Planning Commission considered the public testimony, the Staff Report dated
Revised July 8, 2002 ("Staff Report"), and all other documentation related to application NS 02-14,
and recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on July 15, 2002, at which
time the City Council considered the public testimony, the Staff Report, and all other documentation
related to application NS 02-14; and
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.
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Resolution No. 2002-67
NOW, THEREFORE, BE IT RESOLVED THAT:
SECTION I
A. The City Council hereby adopts the findings as required by Zoning Ordinance section
50.55 based upon substantial evidence in the entire record, including the facts
outlined below that are more fully set forth in the Staff Report and in evidence given
at the public hearings.
1. The project conforms to the Gilroy General Plan in terms of general location
and standards of development.
2. The proposed development fulfills a specific need of the surrounding area.
3. The project does not require urban services beyond those which are available
at this project site.
4. The project plan is harmonious and integrated.
5. The project reflects an economical and efficient use of this property.
6. The project includes landscaping provisions which will meet the intent of the
Planned Unit Development ordinance.
7. The project uses aesthetic design principles to create attractive buildings and
open space areas that blend with the character of surrounding areas.
8. The project will not create traffic congestion, noise or other adverse effects on
surrounding areas.
9. The project provides adequate access, landscaping, trash areas and storage, as
necessary.
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Resolution No. 2002-67
B. AlS 02-14 should be and hereby is approved subject to the fourteen (14) conditions of
approval attached hereto as Exhibit "A" (pages 10 and 11 of the Staff Report) and
incorporated herein by this reference.
SECTION II
This Resolution shall not become effective unless and until Z 02-04, Ordinance No.
2002-15 takes effect, and AlS 02-14 is not approved unless and until Ordinance No. 2002-15
takes effect.
PASSED AND ADOPTED this 3rd day of September, 2002, by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, DILLON, MORALES,
PINHEIRO, VELASCO, and
SPRINGER
NOES:
COUNCILMEMBERS:
GARTMAN
ABSENT:
COUNCILMEMBERS:
NONE
~{2~_.
Rhonda Pellin, City Clerk
APPROVED:
r /-C~~ ~
Thomas W. Springer, MayO
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Resolution No. 2002-67
l02-04, TMOI-08, AS 02-14 (PUD)
10
Revised 7-8-02
ARCHITECTURAL & SITE CONDITIONS
Planning Division (contact Gregg Polubinskv at 846-0440)
These conditions are subject to the review and approval of the Planning Division.
I. An RDO Performance Agreement must be completed prior to the completion of any Final Map.
2. At the time of Building Permit submittal all of the following Conditions of this Staff Report will
be listed on the construction drawings in a prominent place at the front of the drawing set.
3. This Architectural & Site Review application is good for one year from the date of approval. The
Planning Director may approve a one year extension upon written request prior to expiration.
4. Landscaping will be reviewed and approved for the tot lot, guest parking, house frontages, private
drives and the Church Street side of the property between the street and the property fences.
5. Plans for new landscaping including specifications for an irrigation system shall be approved by
the Planning Division in accordance with the adopted Consolidated Landscaping Policy, prior to
issuance of a building pennit. The landscaping shall be continuously maintained in an orderly,
live, healthy, and relatively weed-free condition, in accordance with the adopted Consolidated
Landscape Policy, and the approved specific landscape plan.
6. Ornamental fencing will be tubular steel or other visually open fencing of similar quality.
7. Building colors shall be complimentary throughout the subdivision.
8. All construction activity is restricted to the following hours: 7AM to 7PM weekdays, 9AM to
7PM Saturdays and City holidays, no construction activity is allowed on Sundays.
9. If mechanical equipment is located on the roof of a building it shall be screened by an architectural
feature of the building, such that it cannot be seen from ground level at the far side of the adjacent
public right-of-way.
Community Services Department (contact Rick Brandinj 408-846-0460)
These conditions are subject to the review and approval of the Community Services Department.
lO. Street trees are required under the City's Street Tree Policy. Contact the Community Services
department for requirements on placement, species and maintenance.
Fire Marshall (contact 1. Bretschneider 408-846-0430)
These conditions are subject to tbe review and approval of the Fire Marsha]l.
] l. Hydrants shall be placed so that a hydrant is available for every 300 lineal feet of street. Private
property that is in exce~s of ] 50 ft deep shall have additional hydrants installed so that buildings
are within 150 ft of a hydrant. Hydrant location to be reviewed and approved by the Deputy Fire
Marshal. As this projfct could Of cur pdor to full street width, the project shall provide full
hydrant spacing on the developed side of the street.
EXHIBIT A
202-04, TMOI-08, AS 02-14 (PUO)
11
Revised 7-8-02
12. Fire engine access within 150' of any portion of a building shall be provided. Roads shall be all
weather and capable of supporting a 40,000 Ib apparatus and provide an inside turn radius of 39'.
Fire access roads greater than 150 ft shall be provided with a turnaround using the Gilroy Fire
Department template. Fire access shall not have a slope greater than 15 %, nor be less than 20 ft
in width. Dead end streets (cul-de-sacs) shall not be longer than 800 ft. Fire access to be
reviewed and approved by the Deputy Fire Marshal. The project does not provide an adequate
turn around. Please contact the Deputy Fire Marshal and provide an approved turn
around.
Building Division (contact Alan Low 408-846-0430)
These conditions are subject to the review and approval of the BLES Division.
13. BLES has attached 16 conditions to this staff report dated February 21,2001.
Condition added per City Council resolution:
14. All four elevations of each home will be architecturally detailed for aesthetic enhancement subject
to the review and approval of the Planning Division.
EXHIBIT A
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached
Resolution No. 2002-67 is an original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 3rd day of September, 2002, 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 25th day of September, 2002.
~~~U2AA~_
City Clerk ofthe'City of Gilroy
(Seal)