Resolution 2007-28
RESOLUTION NO. 2007-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING A/S-PUD 06-27, AN APPLICATION FOR
ARCHITECTURAL AND SITE APPROVAL OF A PLANNED
UNIT DEVELOPMENT FOR A 16 HOME RESIDENTIAL
SUBDNISION, A PRIVATE PARK SITE, AND A PRIVATE
STREET, ON APPROXIMATELY 1.56 ACRES LOCATED AT
6675 ROYAL WAY, APNS 790-44-093, 094, 095, 096, 097, 098,
and 105.
WHEREAS, DWI Marketing, Inc., submitted application A/S-PUD 06-27, requesting
architectural and site approval of a Planned Unit Development to create a 16-home residential
subdivision on approximately 1.56 acres ("the Project"), at 6675 Royal Way APNS 790-44-
093,094,095,096,097,098, AND 105; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), CEQA
Guidelines Section 15332 ("CEQA"), this Project is categorically exempt from further
environmental review as an in-fill development; and
WHEREAS, the Planning Commission held a duly noticed public hearing on March I,
2007, at which time the Planning Commission considered the public testimony, the staff report
dated February 16, 2007 ("Staff Report"), and all other documentation related to application
A/S-PUD 06-27, and recommended that the City Council approve said application; and
WHEREAS, the City Council at its duly noticed meeting on March 19,2007 considered
the public testimony, the Staff Report, the supplemental staff report dated March 12, 2007, and
all other documentation related to application A/S-PUD 06-27; and
WHEREAS, the City Council determined that the conditions of approval set forth in the
Staff Report and recommended by the Planning Commission should be incorporate into the
Proj ect; and
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Resolution No. 2007-28
ILLEZOTTEI721104.2
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 will create housing which will assist the City
in meeting its housing goals. .
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 provides housing
affordable to all income levels in the City.
5. The Project is an economical and efficient use of the property because it is
an infill development.
6. The Project exceeds minimum City requirements for landscaping in that it
provides a private park and landscaped area that includes a fountain and benches.
7. The proposed homes meet City design standards and will be compatible
with the character of the surrounding neighborhood (Medium Density Residential).
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Resolution No. 2007-28
\LLElOTTE\721104.2
8. The Project will not create 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 Proj ect provides appropriate access, parking, landscaping, trash areas
and storage.
B. Application AlS-PUD 06-27 should be and hereby is approved subject to the
conditions of approval set forth in Exhibit "A" attached hereto and entitled "AlS-PUD 06-27
PLANNED UNIT DEVELOPMENT CONDITIONS".
PASSED AND ADOPTED this 2nd day of April, 2007 by the following vote:
AYES: COUNCILMEMBERS:
ARELLANO, BRACCO, CORREA,
GARTMAN, and VALIQUETTE
PINHEIRO
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
VELASCO
APPROVED:
~aYo;
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Rlionda Pellin, City Clerk
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Resolution No. 2007-28
ILLEZOTTEI721104.2
EXHIBIT A
A/S 06-27
FINAL CONDITIONS OF APPROVAL
Plannine: Division (contact Melissa Durkin at 846-0440, Melissa.Durkin@ci.gilroy.ca.us)
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.
2. Landscaping: The applicant shall landscape all common areas, including the proposed park and faountain
areas. 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.
3. The applicant shall submit a landscaping plan for the park area prior to building permit issuance. This
plan shall delineate all proposed park equipment.
4. Mechanical AppUltenances: 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.
5. 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 condiltion as a note on the plans.
6. Building colors shall be earth tones subject to the review and approval ofthe Planning Division. Show
this condition as a note on the plans.
7. The developer shall place the laundry facilities inside the homes. Alternatively, if the laundry facilities
remain in the garages, the developer shall provide 24 inches in front of the laundry facilities beyond the
area required for the parking spaces (i.e. outside of the minimum 20 foot wide x 20 foot long parking
area). The applicant shall provide evidence that this condition has been satisfied prior to building permit
Issuance.
8. All two-car garage stalls shall be 20 feet wide x 20 feet long, clear of any obstructions, measured from the
interior ofthe garage, and clear of the area needed to accommodate door swing.
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Final Conditions of Approval
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9. All uncovered parking spaces shall be a minimum of 18 feet long x 9 feet wide, with 25 feet of back-up
space. Staff shall review the project for compliance with this condition prior to approval of the
improvement plan and/or the grading permit.
10. Prior to building permit issuance, the developer shall provide evidence that the project includes the
following amenities:
~ Private park with a child's play area
~ Landscape area with benches and a fountain
~ Parking that exceeds minimum City standards
~ Decorative pavers in the driveway areas
~ Solar power for all of the homes
11. The developer shall include a disclosure statement on the deed for these residences that discloses that the
homes are adjacent to the Gilroy High School tennis courts and the Uvas Creek levee, and that the
residents may be exposed to noise, light, security issues, and privacy issues, due to the adjacency to these
uses. The developer shall provide staff with a copy of the deed restriction prior to building permit
Issuance.
12. The developer shall instail tall, mature landscaping along the property lines shared with the Gilroy High
School tennis courts and the Uvas Creek levee. The landscaping plan shall be subject to staff review and
approval prior to building permit issuance. The landscaping shall be installed prior to final building
inspection.
13. The developer shall pay for additional shading and adjustments to the lights on the Gilroy High School
tennis courts to minimize light and glare from the courts. This condition shall be subject to review and
approval by the Gilroy Unified School District, prior to final building inspection.
Fire Department (contact Jackie Bretschneider at 846-0430, Jacqueline.Bretschneider@ci.gilroy.ca.us)
14. Single Family Homes with a fenced yard shall have a gate that opens to a public way (or to an open yard
that leads to a public way).
15. All buildings shall be provided with residential fire sprinklers conforming to NFP A 13D, with attached
garages sprinklered and a pilot head in the attic space. Risers shall be inside of the garage and shall
provide a bell on the exterior and one horn on the interior. Most non-hillside homes should be able to
provide for the fire sprinklers with a I-inch meter. Please consult a fire sprinkler contractor to confirm
water meter size. Type L or better copper is required for all copper piping.
16. An address shall be provided at building pennit submittal. Obtain addresses from the Engineering
Section. All home address numbers shall be illuminated 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, and located at least 60 inches high
from the ground. These units to have address numbers on both garage side and front door side of units.
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Final Conditions of Approval
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17. Chimneys shall have spark arrestors installed. No permanent outdoor, wood-fired fireplaces/pits are
allowed. Trees and tree branches shall not be within 10 feet of a chimney.
18. Locks shall comply with the City Building Security Ordinance.
19. 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.
Studies/libraries with closets shall be treated as bedrooms. Storage rooms that are provided with
windows, and electrical outlets and are greater than 50 square feet may also be considered bedrooms if
attached to a dwelling unit.
20. An illuminated site diagram shall be installed at Royal Glen entrance showing location and addresses of
all buildings in the development.
21. Gates to two or fewer homes shall be provided with KNOX key access.
22. Driveway Gates to more than two dwelling units shall be electronically opening and shall be provided with
a police and tire KNOX k.ey over-ride. When the units are more than 150 feet from the gate the gate shall
be also activated by the Fire Department Opticom signal.
23. When Gated, Driveway gates shall be set back from the street a minimum of30 feet on local streets, and
75 feet from collector streets (Except for alley loaded driveways, which can have a gate at the property
line. )
24. Private access driveways more than 25 feet long, and with curbs, shall have the curbs painted red.
En2ineerine: Division (contact John Brice at 846-0450, John.Brice@ci.gilroy.ca.us)
25. Roads shall not exceed 15 % grade, shall provide 14 feet overhead clearance, and an inside turning
radius of not less than 32 feet and outside radius of not less than 39 feet.
26. Grade transition from streets to driveways shall not exceed 2 %. Other grade transitions shall not exceed
10 % or be such that 30 foot fire apparatus shall not bottom out.
27. Grading, Erosion Control, and Drainage plans are required and shall be subject to the review and
approval of the Engineering Division prior to building permit issuance.
28. Site preparation and fill construction shall be conducted under the observation of, and tested by, a
licensed soils or geotechnical engineer. A report shall be filed with the City of Gilroy stating that all site
preparation and fill construction meets the requirements of the geotechnical investigation. This shall be
subject to review and approval by the Engineering Division.
29. The foundation design, based on soils tests, shall be reviewed and approved by the Community
Development Department.
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Final Conditions of Approval
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30. All retaining walls shall be masonry and shall be a modular system, subject to the review and approval
ofthe Planning, Building, and Engineering Divisions.
31. The applicant shall provide a sewer backflow preventer, subject to the review and approval of the
Engineering Division.
32. The applicant shall post a $5,000 Erosion Control bond per City standards, prior to the issuance of a
grading permit. This shall be subject to the review and approval of the Engineering Division.
33. The building plans shall detail the storm flow dissipater, subject to the review and approval of the
Engineering Division.
34. All previous Engineering Division review comments shall apply unless othetwise specified in writing.
Additional comments may be added at any time due to incomplete plans, plan changes and mistakes,
errors or omISSIOns.
35. Any work in the public right-of-way shall require a Traffic Control Plan prepared by a licensed
professional engineer WIth experience in Traffic Control preparation.
36. Infrastructure shall be in prior to the issuance of building permit.
37. Replace and/or repair any damaged curb, gutter and sidewalk.
38. Show all proposed and existing utilities.
39. Show all street improvements; including streetlights, sidewalks, etc.
40. Show on-site drainage.
41. Overhead utilities shall be underground.
42. Undergrounding required with new streets. All overhead utility facilities within newly constructed
public streets shall be placed undergrourd. No utility undergrounding fee shall be required for any
frontage of a development project Which is adjacent to a street which will be improved, including utility
undergrounding, as a condition of such project Installation ofunderground utility lines, etc.: exceptions.
43. New and existing utility lines, appurtenances and associated equipment, including, but not limited to,
electrical transmission, street lighting, and cable television shall be required to be placed underground.
44. All driveways need to be 35-foot wide minimum.
45. Show street improvements.
46. In residential areas, if overhead utilities exist, undergrounding fee must be paid. All other zoning,
overhead utilities shall be underground.
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Final Conditions of Approval
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47. Sidewalks are required along all lot frontages.
48. Lot size and easements are to correspond with the tract map and need to be shown on the plan.
49. Any retaining wall in excess of 48 inches tall (from the bottom of the footing to the top of the wall or
supporting a surcharge) will need to havi~ a building permit and engineering calculations (submitted to
the Building Department).
50. All drainage ditches shall be concrete.
51. Water pressure reducing valve or backflow preventer may be required.
52. Show all utilities in the street to the nearest upstream and downstream sanitary sewer manholes.
53. Erosion control p1ans are to be signed by a licensed engineer and shall show hydro seeded mix design.
54. Provide sufficient legal description of the land as to define the boundaries of the proposed tract.
55. Any existing broken sidewalk and/or curb and gutter with damage shall be replaced. An Encroachment
Permit is also required.
56. 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 Buildmg 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."
Community Services (contact Carla Ruigh at 846-0460)
57. 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
Police Department (contact Sergeant Daniel Castaneda at 846-0310, Daniel.Castaneda@ci.gilroy.ca.us)
58. The developer shall construct a sign that shows building addresses and place the sign at the front of
the development prior to final building inspection.
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Final Conditions of Approval
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Santa Clara Valley Water District (contact Yvonne Arroyo at (408) 265-2607,
yarroyo@valleywater.org )
59. No access shall be permitted to the levee through this project. The developer shall remove the gate
and pathway to the levee that is currently shown on the site plan.
City Council-Added Conditions
60. The developer shall install a landscape buffer adjacent to the Gilroy High School tennis courts for light
and noise abatement.
61. The developer shall construct gates at the north and south ends of the maintenance area adjacent to the
Gilroy High School tennis courts. These gates shall provide KNOX access to the Police and Fire
Departments and the Gilroy Unified School District.
62. The developer shall install tubular steel fencing at the ends of the parking stalls adjacent to the Gilroy
High School telmis courts in lieu of solid fencing.
63. The developer shall install solar-powered security lighting adjacent to the Uvas Creek Levee, subject to
the Santa Clara Valley 'Vater District's review and approval.
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2007-28 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.
~~:
CIty lerk of the CIty of GIlroy
(Seal)