Resolution 2003-60
RESOLUTION NO. 2003-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING NS 03-13, AN APPLICATION FOR
ARCHITECTURAL AND SITE APPROVAL OF A PLANNED
UNIT DEVELOPMENT (PUD) FOR AN ll-LOT
RESIDENTIAL SUBDIVISION ON APPROXIMATELY 2
ACRES AT 8860 KERN AVENUE, APN 790-19-091
WHEREAS, Dos Acres, the applicant, submitted NS 03-13, an application for
architectural and site approval of a Planned Unit Development ("PUD") for an eleven (11) lot
residential subdivision on approximately 2 acres at 8860 Kern Avenue, APN 790-19-091; and
WHEREAS, the California Environmental Quality Act ("CEQA") provides a categorical
exemption for infill development projects pursuant to CEQA Guidelines Section 15332, which
applies to this project; and
WHEREAS, the Planning Commission held a duly noticed public meeting on July 10,
2003, at which time the Planning Commission considered the public testimony, the Staff Report
dated June 30, 2003, and all other documentation related to application NS 03-13 and
recommended that the City Council approve said application with conditions; and
WHEREAS, the City Council held a duly noticed public meeting on July 21, 2003, at
which time the City Council considered the public testimony, the Staff Report dated Revised
July 15, 2003 ("Revised Staff Report"), and all other documentation related to application
NS 03-13; and
WHEREAS, the City Council determined that twenty-five (25) conditions should be
incorporated into the project as set forth in the Revised Staff Report; 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
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Resolution No. 2003-60
City Clerk.
SECTION I
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council hereby adopts the findings as required by Zoning Ordinance
section 50.55 based upon substantial evidence in the entire record.
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
because it will improve Kern Avenue, and the smaller lots will make the
development more affordable.
3. The project is an infill project and therefore does not require urban services
beyond those which are available at the project site.
4. The project plan is harmonious, integrated, and will improve the existing
development.
5. The project is an infill development surrounded by existing single-family
homes and therefore 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 by including open space in the form of a
park and landscaping.
7. The project's housing units and open space are attractive and blend with the
character of the surrounding areas.
8. The project as mitigated will not create traffic congestion, noise, odor or other
adverse effects on the surrounding areas.
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Resolution No. 2003-60
9. The project provides adequate access, parking, landscaping, trash areas and
storage.
B. NS 03-13 should be and hereby is approved subject to the twenty-five (25) final
conditions of approval attached hereto as Exhibit A, and incorporated herein by
this reference.
SECTION II
This Resolution shall become effective only if, and, upon the same date that Z 03-03,
Ordinance No. 2003-12 takes effect, and TM 03-02 is not approved unless and until Ordinance
No. 2003-12 takes effect.
PASSED AND ADOPTED this 2nd day of September, 2003 by the following
AYES: COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and
SPRINGER
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
NONE
NONE
APPROVED:
----?1: V
Thomas W. SPri~yor
~4~'
Rhon a Pellin, City Clerk
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Resolution No. 2003-60
EXHIBIT A
Planning Division (contact Gregg Polubinsky at 846-0440)
These conditions (A/S 03-13) are subject to the review and approval of the Planning Division.
1. Time Limits. If any development for which a SPE has been granted is not established within one (1)
year from the date of approval, the SPE approval shall be deemed automatically revoked. Upon
application, an extension of time may be granted by the Planning Director.
2. An RDO Performance Agreement must be completed prior to the completion of any Final Map.
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. 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 ofthe drawing set.
5. A covered patio structure is permitted to encroach into the rear yard setback by a maximum of 5 feet.
6. Only two units shall be permitted with an Accessory Dwelling Unit and each of these will separate the
third garage space from the double garage space by a wall and a lockable door.
7. A play structure for small children will be placed in the park consisting of a slide and platform with one
additional option.
8. A landscape plan will be submitted prior to Building Permit approval showing the common areas of the
park and Kern Avenue frontage landscaping.
9. A landscape plan will be submitted prior to Building Permit approval showing an integrated and
complimentary front yard landscaping for all of the houses.
10. All of the front yard landscaping and common area landscaping shall have 30% of its plant material ofa
size greater than minimum; i.e. 24" box trees, 15 gallon shrubs, 5 gallon perennials.
11. 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 permit. 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.
12. Trash pads will be supplied for all homes.
13. Building colors shall be complimentary throughout the subdivision.
14. 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.
15. If mechanical equipment is located on the roof of a building an architectural feature of the building shall
screen it, such that it cannot be seen from ground level at the far side of the adjacent public right-of-
way.
Eneineerim! Division (contact Gerrv Dutra 408-846-0450)
These conditions are subject to the review and approval ofthe Engineering Division.
16. Retaining walls are to be of masonry construction and require a building permit; wood shall not be
permitted
17. Pad for trash receptacles shall be provided off private streets.
18. The Engineering Division shall approve all hydrant locations and water main sizing prior to building
permit issuance. Equipment and staffing shall be provided for watering of all exposed or disturbed soil
surfaces at least twice daily. An appropriate dust palliative or suppressant, added to water before
application, shall be utilized, subject to review and approval by the Building, Life, and Environmental
Safety Division.
19. The private street width does not provide for parking and shall be signed or curb painted to prohibit parking.
Community Services Department (contact Todd Barreras 408-846-0460)
These conditions are subject to the review and approval of the Community Services Department.
20. 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 the review and approval ofthe Fire Marshall.
21. A parking enforcement plan shall be provided and implemented by the HOA. The plan shall be
reviewed and approved by the Fire Marshal prior to the final building permit signoff of the first unit.
22. No parking signage and curb painting shall be maintained in good condition by the HOA.
23. No parking signage and red curb painting shall be provided along both sides of the private street and in
the turn around.
24. The applicant is to work with staff to include an architectural feature to act as a break between the first
and second floor, on the rear of the home.
Building Division (contact Nancy McDonald 408-846-0430)
These conditions are subject to the review and approval of the BLES Division.
25. BLES has attached the following 18 conditions dated April 8, 2003, to this report.
1. If guest parking is to be provided, one space must be handicap accessible and meet the 2001 CBC
1118Al.
2. The park shall be accessible. CBC 1103.1.9.1
3. DEMOLITION - Demolition permits will be issued in accordance with City Ordinance. Prior to permit
issuance: Submit a plot clearly showing the location and the portion of building or the building to be
demolished, a completed application for Demolition, a Bay Area Air Quality Management District ''T'
number, and obtain approval from the Building Official for the scope of work. The forms necessary are
available at the Building Counter. Any Building over 50 years old may also require Historic Heritage
Committee approval prior to demolition. Check with the Planning Division for any additional
requirements.
4. Are there any wells or septic tanks on the site to be abandoned?
5. DESIGN PROFESSIONAL -This project will require a State of California registered design
professional to design, stamp and wet sign the construction plans.
6. BUILDING CODES - All construction shall comply with Building, Mechanical, Plumbing, Electrical,
T -24 Energy and Accessibility, and City codes in effect at the time ofissuance of the building permits
resulting in actual construction. Put the version used for the design on the plans.
. Distance of structure( s) to all property lines?
. Type of Construction?
. Building Area?
. Locate all utilities on site plan.
7. SOILS REPORT - A soils report shall be submitted containing design recommendations for footings,
retaining walls, and make provisions for anticipated differential settlement.
8. FEMA - This project may be in a flood zone and must meet the City of Gilroy "Floodplain
Management Ordinance" #98-16.
9. FOUNDATIONS - All mitigation measures and design recommendations identified in the soils report
approved by the Building Official, MUST be reviewed by the soils engineer of record for conformance.
Structural foundation design plans must also be reviewed by the soils Engineer of record for
conformance to recommendations contained within the soils report.
10. FOUNDATION INSPECTIONS - Prior to requesting a Building Department foundation inspection,
the soils engineer shall inspect and approve the mitigation measures and the foundation excavations.
The soils engineer shall submit documentation to the Building Division which verifies compliance with
the recommendations specified in the soils report.
11. SPECIAL INSPECTIONS - In addition to the inspections by CBC Sec. 108, the owner or the engineer
or architect of record acting as the owners agent shall employ one or more special inspectors who shall
provide special inspections when required by CBC section 1701. Please contact the Building Division
at the time of plan submittal to obtain an application for special inspections.
12. STRUCTURAL CALCULATIONS - Provide Structural Calculations verifying compliance with all
applicable provisions of the Uniform Building code Chapter 16. Prior to request for final inspection,
written verification by the engineer of record indicating conformance with the structural design shall be
submitted to the Gilroy Building Division.
13. GRADING AND SHORING - A site development permit shall be required for all grading and shoring
work. Shoring plans, calculations, etc., must be reviewed and approved by Building Division.
14. NOTICE OF EXCAVATION - Prior to excavation, adjoining landowners shall be given notice of the
date, location, and extent of excavation in conformity with Section 832 of the Civil Code and copies
shall be provided to the Building Official prior to issuance of grading permit.
15. T -24 ACCESSIBILITY/COMMERCIAL - The developer shall comply with all applicable provisions of
Chapter 11 of the California Building Code (Title 24) for Disabled Access.
. Where single spaces are provided, the unloading access aisle must be placed on the passenger
side.
. One in every eight accessible spaces, but not less than one, shall be designed for van
accessibility.
. The disabled cannot go behind other parked cars.
. Show the slope of the accessible parking space and unloading area to meet CBC Chapter 11.
. Provide signage to meet CBC Chapter 11..
..
. Provide an accessible path of travel between accessible parking and residences.
. Provide an accessible path of travel to the public right of way including the nearest bus stop.
. Any walking surfaces with a slope greater than 1 :20 will be considered a ramp and designed as
such.
. Pedestrian walkways must conform to requirements for accessibility (path of travel, slopes of
ramps and walkways, etc.).
16. BUILDING SECURITY - Provide details to show how the conditions of the Building Security
Ordinance will be met.
17. ADDRES S - Provide proper address for proposed project on each page of plans prior to submission of
plans for initial building plan check. Provide Assessors Parcel number on title page.
18. PRE-CONSTRUCTION CONFERENCE - A pre-construction conference shall be held at a time and
location agreed upon by the City and applicant for the purpose of review and approval of construction
procedures. The building owner/developer shall be represented by his designer and construction staff.
The City will be represented by departments having conditions of approval on the project.
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2003-60 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
2nd day of September, 2003, 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 10th day of October, 2003.
Q
(Seal)