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Resolution 2005-76RESOLUTION NO. 2005 -76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S 05-40, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR SIX RESIDENTIAL UNITS ON APPROXIMATELY 1.17 ACRES AT 7861 AND 7891 MILLER AVENUE, APN 808 -13 -009 AND -010. WHEREAS, Niles Development c/o Neil Mussallem, the applicant, submitted application A/S 05 -40, an application for architectural and site approval of a Planned Unit Development ( "PUD "), for six residential units on approximately 1.17 acres at 7861 and 7891 Miller Avenue, APN 808 -13 -009 and -010; 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 6, 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 05 -40, and forwarded the application to the City Council without recommendation; 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 05- 40; and WHEREAS the City Council determined that the conditions of approval set forth in the Staff Report should be incorporated into the project; and IGB01672174.1 101005 - 04706089 -I- Resolution No. 2005 -76 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 is in close proximity to transit and shopping while increasing density to City standards and efficiently utilizing two relatively narrow and deep parcels. The project does not require urban services beyond those that are available at the project site on Miller Avenue. The project provides a harmonious, integrated plan for a quality development that includes front yard setbacks that exceed City standards. The project is an infill development completely surrounded by existing single- family homes, and is therefore an economical and efficient use of this property. The project includes greater provisions for landscape planting material that would generally be required and meets the intent of the Planned Unit Development ordinance. The project utilizes aesthetic design principles to create an attractive development of single - family homes reminiscent of an earlier time, while using landscape material of large size and large front setbacks to blend with the character of the surrounding areas. 1GB01672174.1 101005 - 04706089 -2- Resolution No. 2005 -76 The project does not create traffic congestion, noise, odor or other adverse effects on surrounding areas as Miller Avenue is well designed to accommodate the increased traffic from these homes. The project includes a private street with guest parking to meet minimum parking standards and therefore provides adequate access, parking, landscaping, trash areas and storage. B. Application A/S 05 -40 should be and hereby is approved subject to the conditions attached hereto as Exhibit A entitled "APPENDIX 1: Architectural & Site Review Conditions," and incorporated herein by this reference. PASSED AND ADOPTED this 17`h day of October, 2005, by the following vote: AYES: COUNCIL MEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ATTE T: Rhonda Pellin, City Clerk 1GB01672174.1 101005-04706089 CORREA, MORALES, VELASCO, and PINHEIRO DILLON, GARTMAN, and VALIQUETTE NONE APPROVED: ert Frinheiro, Mayor Resolution No. 2005 -76 EXHIBIT A AS 05 -40, TM 05 -09 7 APPENDIX 1 Architectural & Site Review Conditions: Planning Division (contact Gregg Polubinsky 408 - 846 -0440) These conditions are subject to the review and approval of the Planning Division. 8/25/05 1. 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 and that 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. 2. 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. 3. 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. 4. A landscape plan will be submitted prior to Building Permit approval showing an integrated and complimentary front yard landscaping for all of the houses. 5. All of the front yard landscaping on Miller Avenue shall have 100% of its plant material of a size greater than minimum; i.e. 24" box trees, 15 gallon shrubs, 5 gallon perennials, and 6. The front yard landscaping on the four remaining houses shall have 30% of its plant material of a size greater than minimum; i.e. 24" box trees, 15 gallon shrubs, 5 gallon perennials. 7. All of the front yard landscaping and common area landscaping shall have 30% of'its plant material of a size greater than minimum; i.e. 24" box trees, 15 gallon shrubs, 5 gallon perennials. 8. 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 pen-nit. 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. 9. Building colors shall be complimentary throughout the subdivision. 10. 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. Fire Marshal (contact Jacqueline Bretschneider at 408 - 846 -0430) These conditions are subject to the review and approval of the Fire Marshal. 11. The Fire Department turn- around shall meet the minimum Fire Department template. I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2005 -76 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)