Loading...
Resolution 2004-101 RESOLUTION NO. 2004-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AlS 04-32, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT SUBDIVISION (PUD) FOR A 14-LOT RESIDENTIAL DEVELOPMENT ON APPROXIMATELY 2.34 ACRES LOCATED AT 8895 KERN AVENUE AT THE SOUTHWEST CORNER OF KERN AND MANTELLI, APNS 790-04-073, 084, AND 085 WHEREAS, Del Curto Brothers, the Applicant, submitted AlS 04-32, an application for architectural and site approval of a Planned Unit Development ("PUD"), for a fourteen (14)-lot residential subdivision on approximately 2.34 acres located at 8895 Kern Avenue at the southwest comer of Kern and Mantelli, APNs 790-04-073, 084, and 085; and WHEREAS, the California Environmental Quality Act ("CEQA") provides a categorical exemption for in-fill development projects pursuant to CEQA Guidelines Section 15332, which applies to this project; and WHEREAS, the City Council on April 5, 2004, approved a request for a small project exemption from the Residential Design Ordinance, specifically SPE 03-02, for thirteen (13) new residential units on the site, with one existing home to remain; and WHEREAS, the Planning Commission held a duly noticed public meeting on October 7, 2004, at which time the Planning Commission considered the public testimony, the staff report dated September 24, 2004 ("Staff Report"), and all other documentation related to application AlS 04-32, and recommended that the City Council approve said application; and WHEREAS, the City Council held a duly noticed public meeting on October 18, 2004, at which time the City Council considered the public testimony, the Staff Report, a Supplemental Staff Report dated October 8, 2004 ("Supplemental Staff Report"), and all other documentation related to application AlS 04-32; and IGB01639616.1 01-102604-04706089 -1- Resolution No. 2004-101 WHEREAS, the City Council determined that nineteen (19) conditions should be incorporated in the project, as set forth in the Staff Report and recommended by the Planning Commission; 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. 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. The project conforms to the Gilroy General Plan designation for the site of Low Density Residential in terms of general location and standards of development. The project fills a specific need of the surrounding area by providing in-fill development of smaller, two-story homes near a school and medium-density housing The project does not require urban services beyond those that are available at the project site on Wren Avenue and Mantelli Drive. The project plan is harmonious and integrated and is consistent with Planned Unit Development standards and policies. The project is an in-fill residential development, making it an economical and efficient use of this property. The project includes a private park, exceeding the City's minimum standards and meeting the intent of the Planned Unit Development ordinance. The project utilizes aesthetic design principles to create an attractive development of market rate single-family homes that blends with the character of the surrounding areas. IGB01639616.1 01-102604-04706089 -2- Resolution No. 2004-101 The project will not create traffic congestion, noise, odor or other adverse effects, and Mantelli Drive and Wren A venue are well designed to accommodate the increased traffic from these homes. The project, which includes a private street and guest parking, will provide adequate access, parking, landscaping, trash areas and storage. B. Application A/S 04-32 should be and hereby is approved subject to the final conditions of approval, attached hereto as Exhibit A and incorporated herein by this reference. SECTION II This Resolution shall become effective, and approval of A/S 04-32 granted, if, and only if, and upon the same date that Ordinance No. 2004-19 approving Z 04-07 becomes effective. If said Ordinance does not take effect, then A/S 04-32, without further actions by the City Council, is denied. PASSED AND ADOPTED this 15th day of November, 2004 by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES, VELASCO and PINHEIRO NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: GARTMAN, VALIQUETTE NONE APPROVED: ~Yor AT(J: // ~A~L~' Rhonda Pellin, City Clerk IGB01639616.1 01-102604-04706089 -3- Resolution No. 2004-101 EXHIBIT A Z 04-07, AS 04-32, TM 04-10 8 9/24/04 APPENDIX 1: Architectural & Site Review (POO) Conditions: Planning: Division (contact Gregg Polubinskv at 846-0440) These conditions 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 applicatio~ an extension of time may be granted by the Planning Director. 2. 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. 3. 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. 4. 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. 5. The park area will be fenced with a visually open view fence on each front yard side (chainlink is prohibited). 6. A landscape plan will be submitted prior to Building Permit approval showing the common area of the park. 7. A landscape plan will be submitted prior to Building Permit approval.showing an integrated and complimentary front yard landscaping for all of the houses. 8. All of the front yard landscaping and common area landscaping shall have 30% ofits plant materialofa size greater than minimum; i.e. 24" box trees, 15 gallon shrubs, 5 gallon perennials. 9. 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 conditio~ in accordance with the adopted Consolidated Landscape Policy, and the approved specific landscape plan. 10. Building colors shall be complimentary throughout the subdivision. 11. 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. 12. 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. Community Services Department (contact Todd Barreras 408-846-0460) These conditions are subject to the review and approval ofthe Community Services Department. 13. Street trees are required under the City's Street Tree Policy. Contact the Community Services department for requirements on placement, species and maintenance. Z 04-07, AS 04-32, TM 04-10 ~ 1: 9 9/24/04 Fire Marshal (contact J. Bretschneider at 846-0430) These cOI;lditions are subject to the review and approval of the Fire Marshal. 14. 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. IS. The turn around shall meet an approved City Standard Turn around. Turn around to be shown on final map with, correct dimensions, red curbing and no parking signage. 16. 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 buih. 17. 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". 18. The Fire Department Turn Around shall meet the minimum Fire Department template. Buildine: Division (contact Jane Alexander at 846-0430) These conditions are subject to the review and approval of the Building Division. 19. The Building Division has attached conditions of approval dated July 26, 2004. I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached Resolution No. 2004-101 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 15th day of November, 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 19th day of November, 2004. y%rJ2 / /' ~ / .. / . UtA ~- City Clerk ofthe City of Gilroy (Seal)