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Resolution 2004- 13 RESOLUTION NO. 2004-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S 03-33, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) AN 18-LOT RESIDENTIAL SUBDIVISION ON APPROXIMATELY 3.74 ACRES AT 240 FARRELL AVENUE, APN 790-12-016 WHEREAS, Carriage Park/James Suner, the applicant, submitted A/S 03-33, an application for architectural and site approval of a Planned Unit Development ("PUD") for an eighteen (18)-lot residential subdivision on approximately 3.74 acres at 240 Farrell Avenue, APN 790-12-016; 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 January 8, 2004, at which time the Planning Commission considered the public testimony, the Staff Report dated December 18, 2003 ("Staff Report"), and all other documentation related to application A/S 03-33, and recommended that the City Council approve said application with conditions; and WHEREAS, the City Council held a duly noticed public meeting on January 20,2004, at which time the City Council considered the public testimony, the Staff Report, a Supplemental Staff Report dated January 13, 2004, and all other documentation related to application A/S 03- 33; and WHEREAS, the City Council determined that twenty-three (23) conditions should be incorporated into the project as set forth in the Staff Report; and IGBOI615221.1-33.DOC 020904-04706089 -1- Resolution No. 2004-13 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: 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 project fills a specific need ofthe surrounding area in that the project will improve Farrell Avenue along its frontage. 3. The project does not require urban services beyond those that are available at the project site. 4. The project provides a harmonious, integrated plan that is consistent with PUD standards and policies. 5. The project is an infill development and therefore reflects an economical and efficient use ofthis property. 6. The project provides landscaping that meets the intent of the Planned Unit Development ordinance and exceeds minimum City requirements, including open space in the form of a park an entryway feature, and landscaping. 7. The project's housing units and open space areas utilize aesthetic design principles to create an attractive development that blends with the character of the surrounding area. IGBOI615221.1-33.DOC 020904-04706089 -2- Resolution No. 2004-13 8. The project as mitigated will not create traffic congestion, noise, odor or other adverse effects on the surrounding areas, as Farrell Avenue is well designed to accommodate the increased traffic from these homes. 9. The project, which includes a private street with guest parking, provides adequate access, parking, landscaping, trash areas and storage, as necessary. B. A/S 03-33 should be and hereby is approved subject to the twenty-three (23) final conditions of approval attached hereto as Exhibit A, and incorporated herein by this reference. This Resolution shall become effective, and approval of A/S 03-33 granted, if, and only if, and upon the same date that Ordinance No. 2004-02 approving Z 03-16 becomes effective. If said Ordinance does not take effect, then A/S 03-33, without further actions by the City Council, is denied. PASSED AND ADOPTED this 17th day of February, 2004 by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE and PINHEIRO VELASCO NONE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: ~ -- ATTEST: ~~. Rhon'da Pellin, City Clerk IGB0\615221.1-33.DOC 020904-04706089 -3- Resolution No. 2004-13 EXHIBIT A: ARCHITECTURAL & SITE REVIEW CONDITIONS 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 of the drawing set. 5. A play structure for small children will be placed in the park consisting of a slide and platform with at least one additional option. There will also be a minimum of one picnic table and BBQ grill. 6. The park area will be fenced with a visually open view fence (chainlink is prohibited). 7. A landscape plan will be submitted prior to Building Permit approval showing the common areas ofthe park and Kern Avenue frontage landscaping. 8. A landscape plan will be submitted prior to Building Permit approval showing an integrated and complimentary front yard landscaping for all of the houses. 9. 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. 10. 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. 11. Building colors shall be complimentary throughout the subdivision. 12. All construction activity is restricted to the following hours: 7AM to 7PM weekdays, 9AM to ?PM Saturdays and City holidays, no construction activity is allowed on Sundays. 13. 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. 14. The drive entrance on Farrell Avenue must be moved away from the bridge to the western property boundary. 15. City policy allows for only front and side yards to face water district channels. 16. All channel fencing must be vinyl coated chainlink which is a visually open fencing. 17. Street trees are required under the City's Street Tree Policy. Contact the Community Services department for requirements on placement, species and maintenance. 18. Hydrants are required to be spaced 300 ft. In addition a hydrant shall be located at the turn around. Final hydrant location to be reviewed and approved by the Deputy Fire Marshal prior to final map filing. 19. The turn around shall meet an approved City Standard Turn around. Turn around to be shown on final AS 03-33 2 map with correct dimensions, red curbing and no parking signage. 20. Private roadway shall be posted for no parking and curbs painted red. Signage and curb painting shall be maintained in good condition. A parking enforcement plan shall be provided by the developer for the HOA to follow. The parking enforcement plan shall be provided to the Deputy Fire Marshal for review and approval prior to the final inspection of the first unit built. 21. Final map to include a paragraph that reads: "Red curbing and signage shall be maintained by the Home Owners. Parking enforcement shall be implemented by the Homeowners to ensure that the turn around and streets maintain the approved Fire Access". 22. The Fire Department Turn Around shall meet the minimum Fire Department template. 23. The Building Division has attached conditions of approval dated November 3, 2003. City of Gilroy Community Development Department BLES Division - Building 408 846-0430 - Fax: 408 846-0429 Owner: James Suner Project address: 240 Farrell Ave Scope of Work: 18 Single family Dwellings Planning #:03100037, A-S 03-33, tM 03-06 Date: 11-03-2003 Plan checker: Jane Alexander The Building Division has performed a cursory review of preliminary plans submitted to the Planning Division for the application noted above. The plans will require compliance with the following informational items and conditions of approval at the time of building permit submittal: CONDITIONS FOR SITE: . Handicapped parking is to be provided~ and meet the 2001 CBC 1118Al. CONDITIONS FOR PERMIT: . Separate plan and permit are required for detached retaining and sound walls. . Separate plan with construction details are required garden walls. . Separate plan and permit are required for detached trash enclosures DESIGN PROFESSIONAL -This project will require a State of California registered design professional to design, stamp and wet sign the construction plans. In order in review, please provide the following: . Deferred submittals and Special inspection requirements shall be located on the Title page of the plans. . A fully dimensioned plot plan with distance to property lines/setbacks. . Distance between structures. . Building Area. . Type of construction. . Occupancy . Slopes and grade. . Show the location of all entrances and exits. . Locate all utilities on site plan. . Show emergency egress to the public way. G:\COMDEVI View _ Objectslzoning\03100037\BLOO-031 00037-Caniage Park-240 Farrell Ave.DOC BUILDING CODES - All construction shall comply with Building, Mechanical, Plumbing, Electrical, T-24 Energy and Accessibility, and City codes in effect at the time of issuance of the building permits resulting in actual construction. Put the version used for the design on the plans. All work shall conform to local ordinances and the following: . 2001 California Building Code. . 2001 California Electrical Code. . 2001 California Mechanical Code. . 2001 California Plumbing Code. SOILS REPORT - A soils report shall be submitted containing design recommendations for footings, retaining walls, and make provisions for anticipated differential settlement. FEMA - This project may be in a flood zone and must meet the City of Gilroy "Floodplain Management Ordinance" #98-16. 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. 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. 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. 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. 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 "f' 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. G:\COMDEV\ View _ Objectslzoning\031 0OO37\BLOO-03100037-Carriage Patk.240 Famll Ave.DOC . Prior to demolition permit issuance a letter of Utilities Disconnect from PG&Emust be submitted to the Building department. . Prior to demolition, a pre-site inspection is required by the Building Department to verify the utilities, water and sewer lines have been capped offwithin (5) five foot of the property line. . Prior to demolition a site plan shall be submitted to the Building Department showing the location of any water pumps, wells, septic tanks, leech lines or structures on site. 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. 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. SANIT A TION - In assembly buildings, bathroom facilities must meet the number of fixtures required by State and Federal regulations. Assembly facilities and buildings are required to provide higher number of fixtures in women's bathrooms. . In our adopting Ordinance #2002-26, we adopted the entire 2001 California Plumbing Code (Table 4-1) and the 2001 California Building Code Appendix Table 29-A. Plumbing Code Table 4-1 is also adopted by the State Architects Office. In determining how many fixtures are required, we use the most restrictive. Section 413.3 of the Plumbing Code and the Building Code both allow a restroom usable by either sex when the occupant load is less than 10 persons customers. T -24 ACCESSffiILITY - The developer shall comply with all applicable provisions of Chapter 11 of the California Building Code (Title 24) for Disabled Access. . Accessible parking spaces are required to meet the CBC. 1129B . Accessible parking should be located at the shortest route of travel to the accessible entrance. 1129Bl . Provide accessible parking spaces to meet Table IIB-7. . Where single spaces are provided, the unloading access aisle must be placed on the passenger side. 1129B.4.1 . One in every eight accessible spaces, but not less than one, shall be designed for van accessibility. 1129B.4.2 . The disabled cannot go behind other parked cars. 1129B4.3 . Show the slope of the accessible parking space and unloading area to meet 1129B.4.4. . Provide signage to meet 1129B.5 . All entrances and exterior ground-floor exit doors to buildings shall be made accessible to persons with disabilities. . Distribute the accessible parking near accessible entrances. . Provide an accessible path of travel between accessible parking and tenant space. . 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.). G:\COMDEV\ View _ Objectslzoning\031 00037\BLDG-03100037-Carriage Patk-240 Farrell Ave.DOC BUILDING SECURITY - Provide details to show how the conditions of the Building Security Ordinance # 85-17 will be met. ADDRESS - 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. 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. NOTE: Additional Comments may be added any time due to incomplete plans, plan changes and mistakes, errors or omissions. G:\COMDEVIView _ Objects\zoning\03100037\BLDG-03100037-Carriage Park-240 Farrell Ave.DOC I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2004-13 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 17th day of February, 2004, 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 9th day of March, 2004. (Seal)