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Resolution 2005-17 RESOLUTION NO, 2005-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AlS 04-31, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR AN 8-PARCEL RESIDENTIAL/COMMERCIAL SUBDIVISION WHICH INCLUDES 6 LIVE/WORK UNITS, 3 APARTMENTS, 3 COMMERCIAL STORES AND AN OFFICE LOCATED AT 7031 MONTEREY STREET, BETWEEN NINTH AND TENTH STREETS, APN 799-11-031. WHEREAS, Shirley Lu1evitt, the applicant, submitted application AlS 04-31, an application for architectural and site approval of a Planned Unit Development ("PUD"), for an eight (8)-parcel residential/commercial subdivision which includes six (6) live/work units, three (3) apartments, three (3) commercial stores and an office located at 7031 Monterey Street, between Ninth and Tenth Streets, APN 799-11-031; 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 February 3, 2005, at which time the Planning Commission considered the public testimony, the staff report dated Revised January 31, 2005 ("Staff Report"), and all other documentation related to application AlS 04-31, and recommended that the City Council approve said application; and WHEREAS, the City Council held a duly noticed public meeting on February 22, 2005, at which time the City Council considered the public testimony, the Staff Report, a follow-up staff report dated February 9, 2005 ("Follow-Up Report"), and all other documentation related to application AlS 04-31; and IGB01650910.1 022405-04706089 -1- Resolution No, 2005-17 WHEREAS, the City Council determined to require that the applicant submit to the Planning Department for review a parking agreement that explicitly details shared parking arrangements as part of the Covenants, Conditions, and Restrictions; and WHEREAS the City Council determined that twenty-seven (27) conditions should be incorporated into the project, including the condition requiring a parking agreement and the conditions 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 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 providing a more affordable residential and commercial ownership opportunity in downtown and close to transit. The project does not require urban services beyond those that are available at the project site on Monterey Street. The project provides a harmonious, integrated plan for a quality development that is consistent with the constraints of the property and the City's Planned Unit Development standards and policies. IGB01650910.1 022405-04706089 -2- Resolution No. 2005-17 The project IS an infill development completely surrounded by existing commercial and residential uses, and is therefore an economical and efficient use of this property. The project includes a small landscaping area with larger sized plant material and provides a unique housing ownership opportunity that meets the intent of the Planned Unit Development ordinance. The project utilizes aesthetic design principles to create an attractive development that is compatible with the residential and commercial character of the surrounding areas. The project does not create traffic congestion, noise, odor or other adverse effects on surrounding areas. The project IS compactly designed to provide adequate access, parking, landscaping, trash areas and storage. B. Application A1S 04-31 should be and hereby is approved subject to the twenty- seven (27) final conditions of approval, attached hereto as Exhibit A and incorporated herein by this reference. PASSED AND ADOPTED this 21st day of March, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE II II IGB01650910.1 022405-04706089 -3- Resolution No. 2005-17 ATTEST: ~t2 ' ! I1t-dF~ .. ... ~u'-~ Rhonda Pellin, City Clerk IGB01650910.1 022405-04706089 APPROVED: ~ -4- Resolution No, 2005-17 EXHIBIT A City of Gilroy Community Development Department Planning Division 7351 Rosanna St. Gilroy, CA (408) 846-0440 Zone Change, Architectural & Site Review (PUD), and Tentative Map Revised March 1,2005 APPLICANT: LOCATION: Shirley Lulevitt (408) 265-8857 7031 Monterey Street, between Ninth and Tenth Streets STAFF PLANNER: Gregg Polubinsky, gpolubinsky@cLgilroy.ca.us Architectural & Site Review (PUD) Conditions: Planning Division (contact Gregg Polubinsky 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 application, 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. Prior to Building Permit approval, documentation forming a Homeowner's Association for the common areas of the property will be reviewed and approved by the City. 5. A lawn area with picnic table and BBQ will be constructed and maintained on the City's sewer line easement at the homeowner's association expense. 6. A trash enclosure, landscape area, parking space and property boundary walls are allowed to be constructed and maintained on the City's sewer easement. The replacement or repair of anything within the sewer easement do to maintenance, upgrade or construction associated with the City's use of the easement will be at the expense of the homeowner's association. 7. The trash enclosure shall be constructed of chainlink fencing with vinyl slats because of its location in the City's easement. 8. A landscape plan will be submitted prior to Building Permit approval showing the common areas of the project. PUD A1S 04-31, 2 Revised 3/1/05 9. All of the landscaping and common area landscaping shall have 50% of its plant material of a size greater than minimum; i.e. 24" box trees, 15 gallon shrubs,S 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 7PM Saturdays and City holidays, no construction activity is allowed on Sundays. 13. This condition of the PUD allows the off-site advertising for Pinocchio's Pizza provided the property owner agrees to the sign placement, provided the sign does not extend across an adjacent property line and provided the cumulative signage requested does not exceed what would normally be permitted by the Zoning Ordinance for Pinocchio's Pizza subject to the review and approval of Planning Division Staff Ifimplemented, this signage will not count against any signage proposed for the Lulevitt project at 7031 Monterey Street. 14. 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. 15. The fence around the outside boundary of the project will be constructed on the projects property. The Applicant shall negotiate with each neighbor to insure that fence will be the only remaining fence or that the neighbor has chosen for their existing fence to remain, in which case any gap between the two fences will be closed at the top of the lower fence by the Applicant. 16. All newly constructed fence on the project perimeter will be a "good neighbor" fence meaning at the least, each adjacent fence panel will alternate facing in and then out. This does not preclude a double- faced fence. 17. Prior to Building Permit Submittal the Applicant must submit as a part of the CC&R's for Planning Division review a Parking Agreement which explicitly details shared parking arrangements. En2ineerin2 Division (contact Kristi Abrams 408-846-0450) These conditions are subject to the review and approval of the Engineering Division. 18. Off-site street improvements shall be subject to review and approval by the Engineering Division. 19. A grading plan must be provided subject to the review and approval of the Engineering Division. 20. The Engineering 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. Community Services Department (contact Todd Barreras 408-846-0460) These conditions are subject to the review and approval of the Community Services Department. 21. Street trees are required under the City's Street Tree Policy. Contact the Community Services department for requirements on placement, species and maintenance. PUD A1S 04-31, 3 Revised 3/1105 Fire Marshal (contact 1. Bretschneider 408-846-0430) These conditions are subject to the review and approval of the Fire Marshal. 22. All Buildings shall have a fire sprinkler system installed. Fire sprinkler systems shall meet NFP A and are subject to review and approval by Fire Prevention. A standpipe shall be installed in the interior courtyard area to provide hose connections for fire department use. Additional Street hydrant may be required in front of the project. Individual residences (detached SFR) may be sprinklered as NFP A 13D systems. Residential units that are part of the commercial building shall be sprinklered as NFPA 13R and the commercial spaces as NFPA 13, ordinary hazard group 1. 23. All commercial tenants and common spaces shall have Model 3201 KNOX boxes installed at each tenant's main entry. All Locked gates shall be provided with KNOX access. 24. All Buildings and uses shall comply with the California Building Code, California Fire Code, as amended by the City of Gilroy, and the Uniform Mechanical, Electrical, and Plumbing Codes. Individual SFR's shall have the doorway from the first floor to second floor stair be self closing and rated as a 45 minute door as part of a one-hour separation between the stairwell, first and second floor. 25. Commercial uses shall be separated from residential uses pursuant to the building code. Current design shows that the first floor (commercial portion) of the individual live-work units is connected via an internal stair way to the second & third floors (residential portion). 26. Fire alarm signaling devices shall be installed to sound for water flow and smoke in all units of the mixed commercial/residential building. (ie alarm in commercial unit shall sound in connected residential units and vise versa). Buildine Division (contact Stephen Lau 408-846-0430) These conditions are subject to the review and approval of the BLES Division. 27. BLES has attached "Important Information" to this Staff Report. I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2005-17 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 21st day of March, 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 24th day of March, 2005. ~~. City lerk oftheSity of Gilroy (Seal)