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
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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.
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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
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Resolution No. 2005-17
ATTEST:
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I1t-dF~ .. ... ~u'-~
Rhonda Pellin, City Clerk
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APPROVED:
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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.
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City lerk oftheSity of Gilroy
(Seal)