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
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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.
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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
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Rhonda Pellin, City Clerk
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Resolution No. 2004-101
EXHIBIT A
Z 04-07, AS 04-32, TM 04-10
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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
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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.
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City Clerk ofthe City of Gilroy
(Seal)