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Resolution 2005-01 RESOLUTION NO. 2005-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AlS 04-61, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR A 137-LOT SINGLE- FAMILY SUBDNISION ON APPROXIMATELY 76 ACRES LOCATED NORTH AND SOUTH OF SUNRISE DRNE, EAST OF RANCHO HILLS DRNE, APNS 783-20-035, 038, 041. WHEREAS, Arcadia Homes c/o Michael Fletcher, the applicant, submitted application AlS 04-61, an application for architectural and site approval of a Planned Unit Development ("PUD"), for a one-hundred-thirty-seven (137)-10t single-family subdivision on approximately 76 acres located north and south of Sunrise Drive, east of Rancho Hills Drive, APNs 783-20-035, 038, 041; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council on January 21, 2003, adopted a mitigated Negative Declaration for this proj ect in connection with application TM 01-03, the City Council finding that the Negative Declaration was completed in compliance with CEQA, that it reflects the independent judgment of the City, and that there is no substantial evidence in the record that the project as mitigated will have a significant effect on the environment; and WHEREAS, the Planning Commission held a duly noticed public meeting on December 2, 2004, at which time the Planning Commission considered the public testimony, the staff report dated November 22, 2004 ("Staff Report"), and all other documentation related to application AlS 04-61, and recommended that the City Council approve said application with two additional conditions; and WHEREAS, the City Council held a duly noticed public meeting on December 20, 2004, at which time the City Council considered the public testimony, the Staff Report, a follow-up IG801645607.1 01-122904-04706089 -1- Resolution No. 2005-01 staff report dated December 14,2004 ("Follow-Up Report"), and all other documentation related to application AlS 04-61; and WHEREAS, the City Council determined that seventeen (17) conditions should be incorporated into the project as set forth in the Staff Report and Follow-Up 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 as described below: The project conforms to the Gilroy General Plan in terms of genera110cation and standards of development. The project fills a specific need of the surrounding area by creating housing that will assist the City in meeting its housing goals. The project does not require urban services beyond those that are available south of the project site. The project plan is harmonious and integrated, incorporating several amenities and making the project consistent with the City's Planned Unit Development standards and policies. The project abuts a developed area of the City and is therefore an economical and efficient use of this property. IG801645607.1 01-122904-04706089 -2- Resolution No. 2005-01 The project includes landscaping of front yards of the houses within this development, thereby exceeding the City's minimum standards for landscaping and open space and meeting the intent of the Planned Unit Development ordinance. The project utilizes aesthetic design principles to create an attractive development that is compatible with the character of the surrounding areas. The project as mitigated will not create traffic congestion, noise, odor or other adverse effects on surrounding areas. The project will provide adequate access, parking, landscaping, trash areas and storage. B. Application AlS 04-61 should be and hereby is approved subject to the seventeen (17) final conditions of approval, attached hereto as Exhibit A and incorporated herein by this reference. PASSED AND ADOPTED this 18th dayofJanuary, 2005 by the following: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: ~~ ert Pinheiro, Mayor AT.~..~l? : _". ///]./ ~. , ~ / ( }ufp, ~~,,' Rho da Pellln, City C1err IG801645607.1 01-122904-04706089 -3- Resolution No. 2005-01 :: ARCADIA HOMES, INC. (A/S 04-61) FINAL CONDITIONS OF APPROVAL Planninl! Division (contact Melissa Durkin at 846-0440) 1. MITIGATION MEASURES #1 THROUGH #18, contained within the Negative Declaration for this property shall be applied to the approval of the project in order to reduce and/or mitigate all potential significant impacts to a level of insignificance, as required under the California Environmental Quality Act (CEQA). This shall be subject to the review and approval of the Planning Division. 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 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 Landscaping Policy and the approved specific landscape plan. This shall be subject to the review and approval of the Planning Division. 3. The developer shall be required to install street trees according to the Consolidated Landscaping Policy. The developer will be required to obtain a Street Tree Permit prior to installation of the trees. This shall be subject to the review and approval of the Community Services Division 4. The developer shall provide stucco window trim, shutters, and/or wrought iron on the windows along the side and rear elevations on every home within this subdivision. 5. All fences must meet the requirements of Zoning Ordinance Section 34. 6. The applicant shall place a deed restriction on all lots with side yards abutting Sunrise Drive stating that the fences on these lots must be constructed and maintained with a lO-foot side yard setback to the Sunrise Drive property line. The developer shall disclose this requirement to the buyers of these lots. This developer shall present staff with evidence that this deed restriction is in place prior to building permit issuance. 7. 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. 8. Building colors shall be earth tones subject to the review and approval of the Planning Division. EXHIBIT A AlS 04-61-Final Conditions of Approval 2 12/21/04 Fire Deoartment (contact Rodger Maggio at 846-0430) 9. The Building, Life, and Environmental Safety 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. 10. An all-weather access road for fire engines shall be provided before commencing any combustible construction. Fire hydrants shall also be installed and maintained before combustible construction begins. 11. Hydrant locations and water main sizing shall be subject to approval by the Building, Life, and Environmental Safety Division, prior to the issuance of any building permits. Emdneerin2 Division (contact Kristi Abrams or Don Nunes at 846-0450) 12. 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. 13. The Engineering Division shall assign street addresses. 14. The applicant shall provide a soils report to the Engineering Division. Buildin2 Division (contact Nancy McDonald at 846-0430) 15. The following language shall be included on any permits 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." Citv Council-Added Conditions 16. Staff shall review each phase of this project to ensure that homes are developed on each street such that there is a variation in setbacks, model types, and architectural design. 17. No kitchens shall be permitted in accessory units built on lots 15-41. EXHIBIT A I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2005-01 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 18th day of January, 2005, 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 January, 2005. (Seal)