Resolution 2004-107
RESOLUTION NO. 2004-107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING A/S 04-42, AN APPLICATION FOR
ARCHITECTURAL AND SITE APPROVAL OF A PLANNED
UNIT DEVELOPMENT (PUD) FOR A 4-LOT SINGLE-FAMILY
SUBDIVISION ON APPROXIMATELY 0.61 ACRES LOCATED
AT 8531 AND 8541 WAYLAND LANE (TERMINUS OF
WAYLAND LANE), APNS 790-26-002, 003
WHEREAS, Chris Cote, the applicant, submitted application A/S 04-42, an application
for architectural and site approval of a Planned Unit Development ("PUD"), for a five (5)-lot
single- family subdivision on approximately 0.61 acres located at 8531 and 8541 Wayland Lane
(terminus of Wayland Lane), APNs 790-26-002, 003; 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, this project meets all of the criteria set forth by Zoning Ordinance section
50.62(b)(6), which provides an exemption from the City's Residential Development Ordinance
for in-fill projects of four (4) or fewer dwelling units that meet said criteria; and
WHEREAS, the Planning Commission held duly noticed public meetings on October 7,
2004, and November 4, 2004, at which time the Planning Commission considered the public
testimony, the staff report dated Revised October 26, 2004 ("Staff Report"), and all other
documentation related to application A/S 04-42, and recommended that the City Council approve
said application, but expressed concerns about the proposed density, parking supply, setbacks
and the area for garbage pickup; and
WHEREAS, the applicant revised the proposal to address the above issues by eliminating
one lot on the proposed tentative map, by increasing parking, by adjusting the setbacks to
conform to City standards and by expanding the area for garbage pick-up; and
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Resolution No. 2004-107
WHEREAS, the City Council held a duly noticed public meeting on November 15, 2004,
at which time the City Council considered the public testimony, the Staff Report, a supplemental
staff report dated November 8, 2004, and all other documentation related to application A/S 04-
42; and
WHEREAS, the City Council determined that condition 22 should be deleted as
unnecessary because the applicant redesigned the terminus of Wayland Lane but that the twenty-
three (23) other conditions set forth in the Staff Report and recommended by the Planning
Commission should be incorporated into the project; 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 as described below:
The project conforms to the Gilroy General Plan in terms of general location and
standards of development.
The project fills a specific need of the surrounding area by providing in-fill
development and extending infrastructure improvements along Wayland Lane.
The project does not require urban services beyond those that are available at the
project site.
The project plan is harmonious and integrated, providing a unique residential
design that incorporates a variety of unique amenities, making the project consistent with
Planned Unit Development standards and policies.
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Resolution No. 2004-107
The project is an in-fill residential development, making it an economical and
efficient use of this property.
The project includes an extensive landscape plan and extensive efforts to preserve
the oak tress on site, thereby exceeding the City's minimum standards and meeting the intent of
the Planned Unit Development ordinance.
The project utilizes aesthetic design ~rinciples to create an attractive development
that blends with the character of the surrounding areas, transitioning between the medium-
density developments north and west of the site, and the low-density homes south of the site.
The project will not create traffic congestion, noise, odor or other adverse effects.
The proj ect will provide adequate access, parking, landscaping, trash areas and
storage.
B. Application A/S 04-42 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.
SECTION II
This Resolution shall become effective, and approval of A/S 04-42 granted, if, and only
if, and upon the same date that Ordinance No. 2004-21 approving Z 04-11 becomes effective. If
said Ordinance does not take effect, then A/S 04-42, without further action being taken by the
City Council, is denied.
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Resolution No. 2004-107
PASSED AND ADOPTED this 20th day of December, 2004 by the following:
AYES:
COUNCILMEMBERS:
CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO and
PINHEIRO
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
~~
ert Pinheiro, Mayor
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Rhonoa Pellin, City Clerk
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Resolution No. 2004-107
TM 04-12 and A/S 04-42
Final Conditions of Approval
11/30/04
PLANNED UNIT DEVELOPMENT CONDITIONS
Plan nine: Division (contact Melissa Durkin at 846-0440)
I. Approval of A/S 04-42 is subject to the applicant receiving approval of Zone Change application Z 04-11
and Tentative Map application TM 04-12.
2. Landscaping: The applicant shall landscape the front yards of each home. Landscaping plans including
specifications for an irrigation system shall be approved by the Planning Division in accordance with the
adopted Consolidated Landscaping Policy, prior to issuance ofa building permit. The landscaping shall
be continuously maintained in an orderly, live, healthy, and relatively weed-free condition, in accordance
with the adopted Consolidated Landscaping Policy and the approved specific landscape plan. This shall
be subject to the review and approval of the Planning Division.
3. The applicant shall implement all of the recommendations contained within the Barrie D. Coate and
Associates reports labeled Exhibits Band F.
4. The applicant shall landscape the south sidc of Lot I in accordance with the Barrie D. Coate and
Associates report labeled Exhibit F.
5. Mechanical Appurtenances: Mechanical equipment to be located on the roof of a building shall be
screened by an architectural feature ofthe building, such that it cannot be seen from ground level at the far
side of the adjacent public right-of-way, whenever possible, subject to review and approval by the
Planning Division.
6. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward from the site
toward any residential use or public right-of-way. This is subject to the review and approval of the
Planning Division.
7. Building colors shall be ealih tones subject to the review and approval of the Planning Division.
8. The following control measures shall be incorporated into any permits issued for the proposed project:
a. Water all active construction areas at least twice daily or more often as necessary to prevent dust from
becoming airborne and leaving the site;
b. Cover all trucks hauling soil, sand and other loose materials, or require all trucks to maintain at least
two feet of freeboard;
c. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads,
parking areas and staging areas at construction sites;
d. Sweep daily (with water s weepers) a II paved access roads, parking a reas and staging a reas at
construction sites;
EXHIBIT A
TM 04-12 and A/S 04-42
Final Conditions of Approval
11/30104
e. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets;
f. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas
inactive for ten days or more);
g. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand,
etc.);
h. Limit traffic speeds on unpaved roads to 15 mph;
I. Install sandbags or other erosion control measures to prevent silt runoffto public roadways;
J. Replant vegetation in disturbed areas as quickly as possible.
9. If archaeological resources or human remains are discovered during construction, work shall be halted
within 200 feet ofthe find until a qualified professional archaeologist can evaluate it.
10. The applicant shall include a provision in this project's Conditions, Covenants & Restrictions (CC&R)
that requires future home owners in this development to place their garbage cans and recycling containers
on the pad area indicated on the landscaping plan. This provision shall be subject to Planning Division
review and approval.
Fire Department (contact Rodger Maggio at 846-0430)
II. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure for homes up to 3600
square ft. Street Hydrants shall be placed in front ofthe entry to the court (private street). Hydrants
shall be installed prior to commencement of construction with combustible materials. Hydrant shall
be flow tested by a qualified person or the Fire Marshal prior to possession by the water department.
Flow test shall be submitted to the Fire Marshal prior to the building pelmit.
12. Where parking is restricted. it shall be posted with signs for No Parking-Fire Lane and curbs shall be
painted red. Signage and curb painting shall be maintained in good condition. The parking
enforcement plan shall be reviewed and approved by Deputy Fire Marshal prior to the final inspection
of the first unit built. The parking enforcement plan shall be provided by the developer for the HOA
to follow, and shall be included in the CC&Rs.
13. Roadways shall provide a minimum 20 feetofunobstructed travel. Vertical clearance of not less than
15 ft shall be provided. Due to road width, no parking shall be allowed on the street.
14. Red curbing and signage shall be maintained by the Home Owners Association. A parking
enforcement shall be implemented by the Homeowners Association.
15. Due to the configuration of street and units in this PUD, all residential units shall be provided with a
Fire Sprinklers meeting the NFP A 13 D requirements. This condition shall be noted on the final map
cover page.
16. Because Wayland Court will be gated, the applicant shall provide a KNOX key over-ride for both
Police and Fire Department response.
EXHIBIT A
TM 04-12 and A/S 04-42
Final Conditions of Approval
11130104
17. House numbers shall be clearly visible from the street. If the house is recessed the house number shall
be provided at the driveway entrance and at a height of not less than 36 inches from the ground. All
main address numbers shall be a minimum of2.5 inches in height with a 3/8 inch stroke and placed to
read from left to right and/or top to bottom.
Em!ineerin2 Division (contact Kristi Abrams at 846-0450)
18. Street improvements and the design of all storm drainage, sewer, and water lines, and all street sections
and widths shall be subject to the review and approval of the Engineering Division.
19. The Engineering Division shall assign street addresses.
20. The applicant shall provide a soils report to the Engineering Division.
21. The entrance to the subdivision shall be prominently posted with the applicable California Vehicle Code
sections.
22. Construct an open fence on the park frontage.
Buildin2 Division (contact Stephen Lau at 846-0430)
23. The following language shall be included on any pemlits issued at the project site, subject to the review
and approval of the Gilroy Engineering and Building Divisions. "All construction activities shall be
limited to weekdays between 7:00 AM and 7:00 PM, and to Saturdays and City holidays between 9:00
AM and 7:00 PM. No construction is allowed on Sundays."
EXHIBIT A
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2004-107 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
20th day of December, 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 27th day of December, 2004.
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City lerk of the City of Gilroy
(Seal)