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Resolution 2007-25 RESOLUTION NO. 2007-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S-PUD 06-46, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT FOR AN 18 PARCEL RESIDENTIAL SUBDIVISION ON APPROXIMATELY 1.07 ACRES AT 341-385 GURRIES DRIVE, APNs 790-35-015, 016 and 017. WHEREAS, Hanna Square Gilroy Independence/Chris Cote submitted application A/S- PUD 06-46, requesting architectural and site approval of a Planned Unit Development to create 18 parcels, with 11 town homes and 7 single-family homes, and common open space on approximately 1.07 acres ("the Project"), located at 341-385 Gurries Drive, northeast corner of Gurries Drive and Hanna Street, APNs 790-35-015, 016 and 107; and WHEREAS, the California Environmental Quality Act ("CEQA"), CEQA Guidelines Section 15183 provides an exemption from further environmental review for projects consistent with a Community Plan, General Plan or Zoning; and WHEREAS, an Environmental Impact Report ("EIR") was prepared for the City of Gilroy in conjunction with the 2020 General Plan and the Final EIR was certified by the City Council on June 13,2002, and the City Council made the required findings for each significant impact and adopted a Mitigation Monitoring Program and Statement of Overriding Considerations with regard to each unavoidable significant impact; and WHEREAS, as stated in the Staff Report dated January 25, 2007 ("Staff Report), this Project is in compliance with the land uses studied for this area in the 2020 General Plan EIR and the Zoning District and is consistent with the residential densities that the General Plan identified for those parcels; and WHEREAS, the Planning Commission held two duly noticed public hearings on February 8,2007 and February 15,2007, at which time the Planning Commission considered the public testimony, the Staff Report dated January 25,2007, and all other documentation related to application A/S- PUD 06-46, and recommended that the City Council approve said application; and ILLElOTTE1719321.2 032607-04706089 -1- Resolution No. 2007-25 WHEREAS, the City Council held a duly noticed public hearing on February 26,2007, at which time the City Council considered the public testimony, the Staff Report, a supplemental Staff Report dated February 20, 2007, and all other documentation related to application A/S- PUD 06-46; 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 summarized below: I. The Project conforms to the Gilroy General Plan in terms of general location and standards of development. 2. This Project will provide the type of development which will fill a specific need of the surrounding area. This Project is an in-fill development that will replace older, poorly maintained rental units with for sale single-family residences. 3. The Project does not require urban services beyond those that are currently available at the Project site. 4. The Project provides a harmonious, integrated plan that is consistent with PUD standards and policies. 5. The Project is an economical and efficient use of the property because it is an in-fill development, surrounded by existing development, which maximizes the design advantages of the site and provides new investment on parcels that have deteriorated. 6. The Project exceeds minimum City requirements for landscaping in that it provides an ample central green space and integrated front yard landscaping. In addition all front yard landscaping and common area landscaping shall have 30% of its plant material of a size greater than the minimum. 7. The proposed homes meet City design standards and will be compatible with the character of the surrounding neighborhood. ILLEZOTTEI719321.2 032607-04706089 -2- Resolution No. 2007-25 8. The Project will not create unmitigated traffic congestion, noise, odor or other adverse effects on surrounding areas, as it is in compliance with the General Plan and the Zoning District. 9. The Project approval requires that the alley behind the project is reconstructed, that guest parking on-site be constructed and that there will be locations for trash pickup and superior landscape design. B. Application NS-PUD 06-46 should be and hereby is approved subject to the conditions of approval set forth in Exhibit "A" attached hereto and entitled "NS-PUD 06-46 FINAL CONDITIONS OF APPROVAL". C. This resolution shall become effective if, and only if, Ordinance No. 2007-07 adopting Z06-14 becomes effective, and if that approval takes effect, then this resolution shall become effective upon the same date as Ordinance No. 2007-07 takes effect. If Ordinance No. 2007-07 does not take effect, then NS-PUD 06-46, without any further action required by the City Council, is denied. PASSED AND ADOPTED this 2nd day of April, 2007 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VELASCO APPROVED: ~ ~~. Rhonda Pellin, City Clerk ILLEZOTTEI719321.2 032607-04706089 -3- Resolution No. 2007-25 EXHIBIT A Z 06-14, AS 06-46, TM 06-15 1/25/07 , I APPENDIX 1: ARCIDTECTURAL & SITE REVIEW (PUD) CONDITIONS Plannine: D,ivision (contact Gregg Polubinsky at 846-0440, gregg.polubinsk.y@cLgilroy.ca.us) These conditions are subject to the review and approval of the Planning Division. 1. 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. 2. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward from the site toward any residential use or public right-of-way. ' 3. All proposed signage shall be by separate application and subject to review and approval. 4. All construction activity is restricted to the following hours: 7AM to 7PM weekdays, 9AM to 7PM Saturdays, no construction activity is allowed on Sundays and City holidays. 5. Building colors shall be neutral earth tone colors and compliment existing and surrounding architectural elements. 6. 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. 7. Project design will follow the requirements of the Multi-family Residential Design Policy. Please review the Policy and provide a narrative and drawings addressing the requirements of the Policy. The ~'Residential Use Plan" will be provided at time of Building Permit submittal. The base of this plan will show the site, building locations and pedestrian pathways that link the project. 8. Interior space shall have design elements that allow neighbor interaction; open stairways, low fences and shared landscape. Opportunities for open views from stairways and private spaces will be shown and identified on the "Residential Use Plan. 9. Maximum height of solid patio or screen walls is 4 feet. 10. Typical details showing materials and construction will be reviewed II. Interior space should allow for residents to claim individual space at their residence. 12. Common areas shall interface with interior space areas, trash, laundry, mail drops. 13. Common areas will be shown on the "Residential Use Plan" and related to the pathway system. 14. All newly constructed fences on the project perimeter will be "good neighbor" fences meaning at the least, each adjacent fence panel will alternate facing in and then out. This does not preclude a double- faced fence. Community Services Department (contact Todd Barreras 408-846-0460, todd.barreras@ci.gilroy.ca.us) 15. Street trees shall be required according to the City's Consolidated Landscape Policy. Contact the Community Services department for requirements on placement, species and maintenance. A street tree permit shall be obtained prior to obtaining a building permit. Z 06-14, AS 06-46, TM 06-15 , 1/25/07 Eneineerine: Division (contact John Brice 408-846-0450, john.brice@cLgilroy.ca.us) These conditions are subject to the review and approval of the Engineering Div,ision. It 16. Site plan shall be prepared by California-registered Civil Engineer if civil work is required and shall include license number and stamped (seal) plans. t I 17. Clearly show, identify, and dimension existing easements; if none, indieate so. 18. Clearly show, identify, and dimension proposed easements; if none, indicate ,so. 19. Cross access easements required for shared driveways; show on plans. 20. Show,identify, and dimension all existing curb, gutter, sidewalk, driveways, and landscape! parkstrip areas. 21. Show, identify, and dimension all proposed curb, gutter, sidewalk, driveways, and landscape! parkstrip areas and any areas conforming to existing improvements. 22. Identify and dimension on plans all damage curb', gutter, and sidewalk being replaced; any damaged curb, gutter, and sidewalk along project frontage shall be replaced with City standard curb, gutter, and sidewalk and conform to ,existing adjacent properties. 23. Maintain 4-feet minimum sidewalk clearance/path of travel from all street furniture; identify and dimension. 24. Show and identify existing curb ramps; if none indicate so. 25. Provide accessible curb ramps across Gurries Drive per applicable City Standard Details; show and dimension typical detail. ' , 26. Driveway(s) shall meet current City standards - show, identify, and dimension. 27. Remove and replace alley driveway approach with current City standard. 28. Change "private street" to a private driveway; otherwise, private street will be required to follow City private street standards. 29. Guest parking driveway shall be a minimum 25' wide. 30. Existing driveways no longer utilized shall be removed and replaced with City standard curb, gutter, and sidewalk. 31. Site drainage overland flow shall flow to street - show and identify (Le. how and where site is being drained). 32. Show elevations at property comers and all adjacent properties (public and/or private). 33. Show top of grade elevations for finish floor elevation of each structure. 34. Show and identify location of all existing and proposed utilities (underground and overhead). 35. Show location of all existing utility poles, overhead lines, streetlights, and other street furniture (i.e. fire hydrant, street sign, etc.) along project frontage and alley. Z 06-14, AS 06-46, TM 06-15 1/25/07 36. All overhead utilities along project frontage shall be underground to nearest existing allowable riser pole off property frontage; if none, indicate so. t I I 37. Provide and show proposed project lighting, including proposed street lighting and/or building , frontage lighting, as applicable. I I 38. Provide and show parking area lighting. 39. Identify and dimension on-site parking. o Unifonn parking stall dimension shall be a minimum 9' x 18' or 9' x 16' with allowable 2-foot overhang · Identify and dimension allowable 2-foot overhang · Identify improvements in overhang area; if sidewalk provided, 6-foot minimum required o Dimension adjacent walkways 40. Show detail for accessible parking stall. 41. Dimension guest parking back-up area; 25' minimum required. 42. For Lot 2, pull back curb to align with face of garage to ease entry into garage. 43. Provide information on logistics of trash pick-up, particularly for lots along alley. 44. Replace alleyway pavement surface 45. Provide concrete valley gutter with drainage structure. 46. Lot merger required. 47. Applicant shall be required to obtain a City of Gilroy encroachment permit for all work in City right of way (Le. sidewalk, curb, gutter, driveway, roadway, alley, etc.). 48. When submitting for building permit, encroachment permit, etc., improvement plans shall include a traffic control plan for activities performed within City right-of-way (including alleyways). 49. Traffic control plans shall be prepared in accordance with latest edition of the Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition and MUTCD 2003 California (eA) Supplement. 50., Traffic control plan shall be prepared by a California-licensed Professional Engineer with experience in preparing traffic control plans Fire Marshall (contact Jackie Bretschneider 408-846-0430, jacqueline.bretschneider@ci.gilroy.ca.us) These conditions are subject to the review and approval of the Fire Marshall. 51. Provide a street hydrant IFO at lot 19 and access to the walkway to the homes via a path with a gate at lot 19 to provide hydrant service to the town-homes. 52. Private access gate shall have Fire and Police KNOX access, and activate on the Fire Department Opticom system. 53. A residential NFPA 13d fire sprinkler system is to be installed in all homes inclusive of attached garages/carports. Consult a Fire Sprinkler Company or Fire Protection Engineer to determine what size meter and supply lines will be required. Z 06-14, AS 06-46, TM 06-15 1/25/07 54. House numbers shall be clearly visible from the alley and front of units. Address nU1l1-bers shall be a minimum of 2.5 inches in height with a 3/8 inch stroke and placed to read from left to riibt and/or top to bottom and be illuminated. 55. A (fomplex site plan shall be provided the entry to the complex. The directory shall be illuminated and provide emergency responders information as to the addressing. 56. Chimneys shall have spark arrestors installed. 57. Locks shall comply with the City Building Security Ordinance. 58. Egress windows shall be provided on all sleeping rooms. A room that does not have a clearly defined use as a kitchen, closet, dining room, living/family room or study shall be considered a' bedroom. 59. PG&E electrical lines shall not interfere with egress window access. Egress windows are not to be impeded by PG&E power lines. Bundinl! Division (contact Stephen Lau at 408-846-0430, stephen.1au@cLgilroy.ca.us) These conditions are subject to the review and approval of the BLES Division. 60. BLES has attached Important Information dated October 31, 2006 Added by City Council at their meeting 'of February 26, 2007: 61. Utility poles in the alleyway at the rear of the project shall be undergrounded. 62. Project Engineer shall review the interior gate/fence to determine a safe height. I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2007-25 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 2nd day of April, 2007, 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 9th day of April, 2007. ~. ;/j ~ l4-Lu^ City Clerk of the City of Gilroy (Seal)