Resolution 2006-35
RESOLUTION NO. 2006-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING AlS 05-64, AN APPLICATION
FOR ARCHITECTURAL AND SITE APPROVAL OF A
PLANNED UNIT DEVELOPMENT (PUD) FOR A TWEL VE-
LOT SINGLE-FAMILY SUBDIVISION LOCATED AT 9025
KERN AVENUE, NORTH OF MANTELLI DRIVE, APN 790-
04-090
WHEREAS, the applicant, The James Group, submitted application A/S 05-64, which is
an application for architectural and site approval of a Planned Unit Development ("PUD") for a
twelve-lot single-family subdivision located at 9025 Kern Avenue, north of Mantelli Drive, APN
790-04-090; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), a Final
Environmental Impact Report ("EIR") was prepared for the City of Gilroy General Plan Update
and certified by the City Council on June 13,2002, in compliance with CEQA; and the Council
adopted CEQA findings and a Statement of Overriding Considerations in Resolution No. 2002-
41, and adopted a mitigation/monitoring program; and
WHEREAS, pursuant to CEQA Guideline 15183, projects that are consistent with the
development density in a general plan for which an EIR was certified do not need additional
environmental review unless there is a project-specific impact, and the City has determined that
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this application A/S 05-64 is consistent with the General Plan Update, and that there are no
impacts beyond those studied in the Final EIR for the Update; and
WHEREAS, the Planning Commission held a duly noticed public meeting April 6, 2006,
at which time the Planning Commission considered the public testimony, the staff report dated
March 27, 2006 ("Staff Report"), and all other documentation related to application A/S 05-64,
and recommended that the City Council approve the application; and
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Resolution No. 2006-35
WHEREAS, the City Council held a duly noticed public meeting on May 1, 2006, at
which time the City Council considered the public testimony, the Staff Report, a follow-up Staff
Report dated April 25, 2006 ("Follow-Up Staff Report"), and all other documentation related to
application AS 05-64; 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:
SECTION I
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 creating housing,
which will assist the City in meeting its housing goals, and by developing an in-fill site.
The project does not require urban services beyond those that are available at the
project site.
The project provides a harmonious, integrated plan that incorporates adequate
setbacks so that it should not impact neighboring properties, as well as several amenities that
meet the intent of the City's Planned Unit Development standards and policies.
The project is an in-fill project, thereby reflecting an economical and efficient use
of this property.
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Resolution No. 2006-35
The project includes front yard landscaping and a landscaped private park, which
meets the intent of the Planned Unit Development ordinance.
The project exceeds City design standards, utilizing aesthetic design principles to
create an attractive development, and is compatible with the character of surrounding areas.
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 05-64 should be and hereby is approved subject to the twenty-
three (23) Planned Unit Development conditions, attached hereto as Exhibit A and incorporated
herein by this reference.
PASSED AND ADOPTED this 5th day of June, 2006, by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, BRACCO, CORREA, GARTMAN,
V ALIQUETTE, and PINHEIRO
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
VELASCO
APPROVED:
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rt Pi eiro, Mayor
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Rhonda Pellin, City Clerk
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Resolution No. 2006-35
fi../S 05-64'
5/02/06
EXHIBIT A
PLANNED UNIT DEVELOPMENT CONDITIONS
Plannin2 Division (contact Melissa Durkin at 846-0440)
I. 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 staffhas verified that all of the conditions of approval
have been incorporated.
2. Approval of A/S 05-64 is subject to the applicant receiving approval of Zone Change application Z 05-17
and Tentative Map application TM 05-15.
3. 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.
5. 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. Mechanical Appurtenances: Mechanical equipment to be located on the roof of a building shall be
screened by an architectural feature ofthe 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.
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. Show this condition as a note on the plans.
8. Building colors shall be earth tones subject to the review and approval ofthe Planning Division. Show
this condition as a note on the plans.
Fire Department (contact Rodger Maggio at 846-0430)
9. 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.
A/S 05-64
5/02/06
10. 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.
11. Where parking is restricted, it shall be posted with signs stating "No Parking-Fire Lane" and curbs shall
be painted red. Signage and curb painting shall be maintained in good condition.
12. Fire Hydrants shall be able to flow 1500 gallons per minute with a 20 psi residual pressure. Curbing shall
be painted red for 7 feet on each side of each hydrant.
13. Roadways shall provide a minimum 20 feet of unobstructed travel. Roadways shall not have less than a
32 foot inside and 39 foot outside radius. Parking shall be restricted as follows:
a. Less than 28 feet no parking at all.
b. Less than 36 feet no parking on one side.
c. Over 36 feet parking not restricted.
14. Submit a parking enforcement plan. This plan shall be reviewed and approved by the Deputy Fire
Marshal prior to the final inspection of the first unit built. The plan shall be provided by the developer
for the Homeowners' Association to follow, and shall be included in the CC&Rs.
15. Since this dead end does not meet Fire Turn around requirements all units shall be provided with
residential fire sprinklers meeting the NFPA 13D requirements. This condition shall be noted on the
Final Map cover page and on building plot plans.
16. When fire sprinkler systems are to be installed, the site improvement plans shall provide adequate water
connections to support an NFP A 13 D fire sprinkler system. This condition shall be noted on the final
map cover page and site improvement plans shall show the meter size required. House plot plans shall
identify the house as being sprinklered.
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.
En2ineerin2 Division (contact Kristi Abrams at 846-0450)
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.
NS 05-64
5/02/06
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."
Council-Added Conditions
22. The developer shall place architectural enhancements on the sides and rears of the buildings in this
development. These enhancements might include dormers, decorative railing, shutters, planter boxes,
or other acceptable architectural features. The developer shall show these enhancements on the
building plans prior to building permit issuance.
23. The developer shall incorporate all of the amenities listed in Exhibit A of the staff report into the
design of the project. The developer shall provide evidence that these amenities have been
incorporated into the project design prior to building pennit issuance.
The James Group
* Real Estate Services ~ Builders /Developers * Project Managers
Kern Avenue 1210t PUD
· General Plan requires a MINIMUM density of 8 units per acre.
· That density cannot be achieved with 6,000 sq. ft. lots and 60
foot wide streets. (forces pun)
· This project provides full size rear yards and full size driveways
for every unit. (On a constrained site)
· Project is paying over $600,000 in impact fee's
· Project is consistent with all other small project PUD'S
processed by The James Group, combined approval record of
91-6. PC/CC
f1
f1:!!.posed Amenities Include
· Centralized park with Gazebo/Bar-b-que
(over 400 sq. ft. per unit)
· Enhanced entry feature with pavers
· Tile Roofs
· Detailed Architectural package with a mix of stone, stucco and
siding, gabled roofs, wood garage doors, etc.
· Upgraded landscaping on front yards
Additional Amenities 1ll:.!lPosed:
Solar Energy conservation package that consists of:
· Photovoltaic Solar panels that generate up to 90% of the
required electricity for each home.
· Increased insulation and ventilation for better energy efficiency
· On demand hot water systems ( 1/6th the energy of standard)
· Low- E windows
· Timers and motion sensors on exterior lighting
· Solar powered attic fans
· Energy efficient fluorescent lighting systems, ETC
(408) 846-9851
EXHIBIT A
)607-0777 Mobile
J
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2006-35 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
5th day of June, 2006, 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 5th day of July, 2006.
~~~>LcduA~
City lerk of the City of Gilroy
(Seal)