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Resolution 2005-71RESOLUTION NO. 2005-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S -PUD 05 -16, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT ( "PUD ") FOR THE MASONI VINEYARD EIGHT -LOT SINGLE - FAMILY SUBDIVISION ON APPROXIMATELY 2.01 ACRES AT THE TERMINUS OF FOXGLOVE COURT, AT THE NORTHWEST CORNER OF SANTA TERESA BOULEVARD AND THOMAS ROAD, APN 808 -20 -003. WHEREAS, The James Group c/o James Suner, the applicant, submitted application A/S -PUD 05 -16, an application for architectural and site approval of a Planned Unit Development ( "PUD') for the Masoni Vineyard eight (8) -lot single - family subdivision on approximately 2.01 acres at the terminus of Foxglove Court, at the northwest corner of Santa Teresa Boulevard and Thomas Road, APN 808 -20 -003; 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 September 1, 2005, at which time the Planning Commission considered the public testimony, the staff report dated August 25, 2005 ( "Staff Report"), and all other documentation related to application A/S- PUD 05 -16, and recommended that the City Council approve said application; and WHEREAS, the City Council held a duly noticed public meeting on September 19, 2005, at which time the City Council considered the public testimony, the Staff Report, a follow -up staff report dated September 13, 2005, and all other documentation related to application A/S- PUD 05 -16; and IGB01672186.1 01- 101005 - 04706089 -I- Resolution 2005 -71 WHEREAS the City Council determined that the conditions of approval set forth in the Staff Report 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 housing that will assist the City in meeting its housing goals, and by developing an in -fill site. project site. The project does not require urban services beyond those that are available at the The project provides a harmonious, integrated plan for a quality development that includes several project amenities that justify the requested exceptions to City standards. The project is an infill development, and is therefore an economical and efficient use of this property. The project includes greater provisions for landscaping, including landscaped front yards, and meets the intent of the Planned Unit Development ordinance. The project exceeds City design standards, utilizing aesthetic design principles to create an attractive development that will blend with the character of the surrounding areas. 1GB01672186.1 01- 101005 - 04706089 -2- Resolution 2005 -71 The project does not create traffic congestion, noise, odor or other adverse effects on surrounding areas. The project provides adequate access, parking, landscaping, trash areas and storage. B. Application A/S 05 -16 should be and hereby is approved subject to the conditions attached hereto as Exhibit A entitled "PLANNED UNIT DEVELOPMENT CONDITIONS," and incorporated herein by this reference. SECTION II This Resolution shall become effective, and approval of A/S -PUD 05 -16 granted, if, and only if, and upon the same date that Ordinance No. 2005 -21 approving Z 05 -03 becomes effective. If said Ordinance does not take effect, then A/S 05 -16, without any further action required by the City Council, is denied. PASSED AND ADOPTED this 17`" day of October, 2005, by the following vote: AYES: COUNCIL MEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: A e Pinheiro, Mayor ATTES A Rhonda Pellin, City Clerk 1GB01672186.1 01- 101005 - 04706089 -3- Resolution 2005 -71 A/S 05 -16 Final Conditions of Approval A/S 05-16 (PUD) Masoni Vineyard Final Condition of Approval PLANNED UNIT DEVELOPMENT CONDITIONS Planning Division (contact Melissa Durkin at 846 -0440) 10110105 Prior to building permit submittal, the developer shall submit to the Planning Division four (4) copies of plans that incorporate all of the conditions of approval contained within this staff report. The developer shall not apply for a building permit until Planning staff has verified that all of the conditions of approval have been incorporated. Approval of A/S 045 -3716 is subject to the applicant receiving approval of Zone Change application Z 0405 -053 and Tentative Map application TM 045 -07 B. 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. 4. The applicant shall submit a landscaping plan for the park area prior to building permit issuance. This plan shall delineate all proposed park equipment. 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 6. The developer shall submit landscaping plans that show landscaping along the front yards of each lot in this development; dense landscaping at the southern boundary of the park; and dense landscaping buffers adjacent to Thomas Road and Santa Teresa Boulevard. These plans shall be submitted to the Planning Division prior to Building permit issuance, and shall be subject to the review and approval of the Planning Division. 7. Prior to Final Map submittal, the developer shall prepare a noise analysis to determine the noise attenuation measures required for this project. These noise attenuation measures shall be incorporated into the project design prior to Building Permit submittal. A/S 05 -16 2 10110105 Final Conditions of Approval Mechanical Appurtenances: Mechanical equipment to be located on the roof of a building shall be screened by an architectural feature of the 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. Show this condition as a note on the plans. 9. 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. Show this condition as a note on the plans. 10. Building colors shall be earth tones subject to the review and approval of the Planning Division. Show this condition as a note on the plans. 11. Decorative stone and stucco columns shall be constructed approximately every 430 feet along the fence line adjacent to Santa Teresa Boulevard. The actual design of the fence shall be subject to Planning Division review and approval. 12. The developer shall place architectural enhancements on the rear of the buildings in this development. These enhancements might include dormers, decorative railing, shutters, planter boxes, or other acceptable architectural features. This shall be subject to Planning Division review and approval prior to building permit issuance. Fire Department (contact Rodger Maggio at 846 -0430) 13. 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. 14. An all- weather access road for the fire engines shall be provided before commencing any combustible construction. Fire hydrants shall also be installed and maintained before combustible construction begins. 15. 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 &R's. 16. Based on the initial study, the site is outside of the Fire Department 5- minute response time therefore mitigation should be provided by a residential fire sprinkler system meeting the NFPA 13D requirements in each home. 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 of 2.5 inches in height with a 3/8 inch stroke and placed to read from left to right and/or top to bottom. Engineering Division (contact Kristi Abrams at 846 -0450) A/S 05 -16 Final Conditions of Approval 10/10/05 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 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 between 9:00 AM and 7:00 PM. No construction is allowed on Sundays or City holidays." I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2005 -71 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 17th day of October, 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 4th day of November, 2005. City Clerk of the City of Gilroy (Seal)