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Resolution 2010-31 RESOLUTION NO. 2010-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AlS-PUD 09-12, AN APPLICATION FOR ARCIDTECTURAL AND SITE APPROVAL OF A 4.35-ACRE 29-LOT SUBDIVISION ON RONAN AVENUE, APN 790-16-231 WHEREAS, Ronan Avenue Investors submitted application A/S/PUD 09-12, requesting architectural and site approval of a Planned Unit Development to create 32 single-family residential parcels on approximately 4.35 acres located on Ronan Avenue at the termini of Brazos Street and Bosque Street, APN 790-16-231 (formerly 790-16-057); and WHEREAS, the applicant formerly proposed an 18 unit single-family residential project and received City approvals at this site in 2006; 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 hearing on March 4, 2010, at which time the Planning Commission considered the public testimony, the staff report dated March 8, 2010 ("Staff Report"), and all other documentation related to application A/S- PUD 09-12, and recommended that the City Council approve this application as modified to 29 single-family residential parcels; and WHEREAS, the City Council held duly noticed public hearings on March 15,2010, April 19, 2010 and June 7, 2010, at which time the City Council considered the public testimony, the Staff Report, a supplemental staff report dated June 7, 2010 and all other documentation related to application A/S PUD 09-12; and determined that a modified site plan could be approved with 29 single-family residential parcels ( the "Project") and directed the applicant to revise the site -1- Resolution No. 2010-31 \LAC\822731.1 "CO".. 41\ nA'7ncnOn plan to eliminate certain parcels; and WHEREAS, the City Council determined that the conditions of approval set forth in the Staff Report and recommended by the Planning Commission, as well as the revised conditions concerning the design of the subdivision and site plan should apply to 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: SECTION I 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: 1. The Project conforms to the Gilroy General Plan in terms of general location and standards of development as it meets the Low Density Residential density restrictions. 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. In addition, this Project will develop an infill site. 3. The Project does not require urban services beyond those that are currently available at the Project site. 4. The Project as revised down to 29 homes to conform more to the neighborhood generally provides a harmonious, integrated plan that justifies exceptions to the normal requirements of this ordinance. 5. The Project is an economical and efficient use of the property because it is an infill project and it maximizes the density allowed in the RI zoning district. 6. The Project includes greater provisions for landscaping with an off-site improvement than would generally be required but not for open space due to smaller lot sizes and setbacks. However, improvements to the park adjacent to Antonio del Buono School will increase the amount of recreational space and landscaping in the vicinity. -2- Resolution No. 2010-31 \LAC\822731.1 ^",..<4I..n nA"7ncnon 7. The proposed homes utilize aesthetic design principles to create attractive buildings and the design will blend with the surrounding neighborhood. Due to the smaller lot sizes and reduced setbacks, the open space areas in the initial plan were not consistent with the adjacent neighborhood, but the revised Project of 29 homes creates additional open space to better blend with the adjacent area. 8. The Project will not create unmitigated traffic congestion, noise, odor or other adverse effects on surrounding areas that are inconsistent with this zoning district. 9. The Project provides appropriate access, parking, landscaping, trash areas and storage. Although less on-street parking would be provided than in a standard single family subdivision, the proposal meets City minimum parking standards. SECTION II Application A/S-PUD 09-12 hereby is approved subject to the conditions of approval set forth in Exhibit "A" attached hereto and entitled "Ronan Gardens A1S 09-12 Final Conditions of Approval". SECTION III This Resolution shall be in full force and take effect only if both Ordinance No. 2010-12 approving Z 10-03 and Ordinance No. 2010-13 approving Z 09-04 take effect, and on the same date that the later of the two ordinances takes effect. If either ordinance does not take effect, then this Resolution is null and void and application A/S-PUD 09-12 is denied without any further action required by the City Council. PASSED AND ADOPTED this 19th day of July, 2010 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, WOODWARD NOES: COUNCILMEMBERS: BRACCO, TUCKER and PINHEIRO ABSENT: COUNCILMEMBERS: NONE -3- Resolution No. 2010-31 \LAC\822731.1 nc"....n nA"7nenOn Shawna Freels, City Clerk \LAC\822731.1 nr.-""...,n nA"7nr.-non APPROVED: ~ -4- Resolution No. 2010-31 Ronan Gardens A1S 09-12 Final Conditions of Approval Plannina Division (contact Melissa Durkin at 846-0440, Melissa.Durkin@cLgilroy.ca.us) 1. This project shall conform to the plans prepared by Giacalone McDermott Management, LLC, dated June 24, 2009, as modified by the City Council's approval of these applications and conditions of approval. These plans shall be modified to remove home models 4 and 5. The colors and materials shall conform to the colors and materials board prepared by Giacalone McDermott Management, LLC and stamped "Approved" by the Planning Division. 2. 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. 3. Approval of A1S 09-12 is subject to the applicant receiving Residential Development Allocations and approval of Zone Change application Z 09-04 and adoption of text amendment Z 10-03. 4. 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. 5. Mechanical Appurtenances: Mechanical equipment and structural members to be located on the roof of any buildings in this subdivision shall be screened by an architectural feature of the buildings, 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. 6. 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. 7. 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. EXHIBIT A A1S 09-12 2 7/19/10 8. All two-car garages shall be 20 feet wide x 20 feet long, clear of any obstructions, measured from the interior of the garage, and clear of the area needed to accommodate door swing. 9. All driveways shall be a minimum of 20 feet wide unless otherwise approved by the Planning Division Manager and the home on lot 20 shall be adjusted to provide 18 feet in front of the garage door at all locations. 10. The developer shall construct foam trim around all windows visible from the public right-of- way. 11. The developer shall enter into an agreement with the City to provide a play structure in the future City Park located at the southeast corner of Vickery Avenue and Wren Avenue. Selection of the equipment to be installed shall be subject to the approval of the Community Services Department. Fire Department (contact Jackie Bretschneider at 846-0430, Jacqueline. Bretschneider@ci.gilroy.ca. us) A&S Conditions shall be included as notes on the cover page of the construction drawings submitted for building permit. 12. 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). 13. All buildings over 1,000 square feet shall be provided with residential fire sprinklers conforming to NFPA 13D, with attached garages sprinklered and a pilot head in the attic space. Risers shall be inside and shall provide a bell on the exterior. Most non hillside homes should be able to provide for the fire sprinklers with a 1 II meter. Please consult a fire sprinkler contractor to confirm water meter size. Water supply lines from the meter to the home should be at least 1.25 inches. Type L or better copper is required for all copper piping. 14. An address shall be provided at building permit submittal. Building/House numbers shall be clearly visible from the street. Single family home addressing shall be from the street that the front door faces and shall be visible from that street. All main 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. 15. 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. Studiesllibraries 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. EXHIBIT A A1S 09-12 3 7/19/10 Enaineerina Division (contact Don Dey or Rick Smelser at 846-0451, Don. Dey@ci.gilroy.ca.us; Rick. Smelser@ci.gilroy .ca. us) 16. Curb lines must match at transition. Connect sewer inlet or provide calculations for gutter 17. Revise gutter runs to meet City Standards and provide a storm drain system or provide professional engineered calculations demonstrating a ten year storm stays within the gutter plan until the nearest inlet. 18. Provide backflow protection at meters for all landscape meters per City Standards. 19. Connect proposed sewers to each other. 20. Provide one foot clearances between appurtenances in landscape areas. 21. Revise Brazos and Bosque street sections to match existing street City Standards (Classic Street Standards). La Cruces Drive may be designed to Livable Community Street Standards as approved by City Council February 6, 2006. 22. All driveway approaches shall meet City Standards for separation. 23. All driveway approach locations shall meet City Standards. 24. A SWPPP and an Erosion Control Plan is required for all development over 1 acre. 25. Certification of improvements on site plans is required prior to Building final (add to general notes on Title sheet of plans). 26. Certification of fire flow test is required prior to final permit (add to general notes on Title sheet of plans). 27. Certification of grades and compaction is required prior to building permit final. This statement must be added as a general note to the Grading and Drainage Plan. 28. Certification is required by the design engineer of the design and construction for all retaining walls shown on the improvement plans prior to final acceptance of the subdivision. 29. All retaining walls must be constructed of permanent materials such as concrete or masonry, and shall be of a modular design; wood shall not be permitted. 30. All Traffic Control Plans shall be prepared by a licensed professional engineer with experience in Traffic Control Design. EXHIBIT A A1S 09-12 4 7/19/10 31. A Traffic Control Plan shall be provided in the Improvement Plans set for all work within the public right-of-way. 32. All temporary roads or detours shall have temporary asphalt paving unless otherwise approved by the City Engineer in writing. 33. Full frontage improvements are required for all new development. All streets must show sidewalks on both sides. 34. All work is to be done in compliance with the City of Gilroy Specifications Standards and Design Criteria and is subject to all laws of this community by reference. 35. Street improvements and the design of all storm drainage, sewer and water lines, and all street sections and widths shall be in accordance with City Standards and shall follow the most current Master plan for streets and each utility. The developer shall provide full street, curb, gutter, sidewalk and electrolier improvements. 36. All grading operations and soil compaction activities shall be per the approved soils report and shall meet with the approval of the City Engineer. Grading plans shall show the grades of all adjacent properties. 37. If the project has excess fill or cut that will be off-hauled to a site or on-hauled from a site within the city limits of Gilroy, an additional permit is required. This statement must be added as a general note to the Grading and Drainage Plan. 38. New and existing utility lines to, through and on the site, and appurtenances and associated equipment, including, but not limited to, electrical transmission, street lighting, cable television and telephone shall be required to be placed underground. 39. Prior to any construction of the dry utilities in the field, the following will need to be supplied to the City: a. A professional engineer-signed and PG&E-approved original electric plan. b. A letter from the design Electrical or Civil Engineer that states the electrical plan conforms to City Codes and Standards, and to the approved subdivision improvement plans. 40. All lots shall drain to the street for storm drainage unless otherwise approved by the City Engineer. 41. Improvement plans are required for all on-site and off-site improvements. 42. Submit a Hazardous Material clearance for any underground tank removal from the appropriate agency. EXHIBIT A A1S 09-12 5 7/19/10 43. A Storm Water Pollution Prevention Plan shall be filed with the Regional Water Quality Control Board with a copy to the City. An Erosion Control Plan and Waste Discharger Identification shall be submitted to the City. 44. The developer shall negotiate right-of-way with Pacific Gas and Electric and other utilities subject to the review and approval by the Engineering Division and the utility companies. 45. Storm and sewer lines in private streets shall be privately maintained unless approved by the City Engineer in writing. 46. If any portion of the project is located in a special flood hazard area as shown on the most current flood insurance rate map, a flood zone study is required. Should the City Engineer determine a LOMR (letter of map revision) is required, no permits will be issued until a CLOMR (conditional letter of map revision) is completed. No permits will be final until the LOMR is complete. Any flood conditions imposed on this project by the National Flood Insurance Program or the City of Gilroy will be enforced by the City of Gilroy. 47. If any portion of the project is located in a special flood hazard area, provide the following statement in a bold box with minimum %-inch text on the front sheet of the plan set: "This project is located in a Flood Zone. A Conditional Elevation Certificate is required prior to the foundation pour and an Elevation Certificate with pictures of each of the four building elevations is required prior to final inspection." 48. If any portion of the project contains recycled water facilities as shown in the South County Recycled Water Master Plan, the facilities shall be installed at sole expense of the developer prior to final or occupancy of the first building. 49. The City shall be notified at least two (2) working days prior to the start of any construction work and at that time the contractor shall provide a project schedule and a 24-hour emergency telephone number list. 50. All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the City Engineer. 51. The permanent street name sign shall be installed immediately after the curb and gutter construction is complete. 52. The developer/contractor shall make accessible any or all City utilities as directed by the City Engineer. 53. Roads shall not exceed 15% grade, shall provide 14 feet overhead clearance, and an inside turning radius of not less than 32' and outside radius of not less than 39 feet. EXHIBIT A A1S 09-12 6 7/19/10 54. Grade transition from streets to driveways shall not exceed 2 %. Other grade transitions shall not exceed 10 % or be such that 30 ft fire apparatus shall not bottom out. 55. 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. 56. 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. 57. The foundation design, based on soils tests, shall be reviewed and approved by the Community Development Department. 58. All retaining walls shall be masonry and shall be a modular system, subject to the review and approval of the Planning, Building, and Engineering Divisions. 59. The applicant shall provide a sewer backflow preventer, subject to the review and approval of the Engineering Division. 60. The applicant shall post an 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. 61. The building plans shall detail the storm flow dissipater, subject to the review and approval of the Engineering Division. 62. All previous Engineering Division review comments shall apply unless otherwise specified in writing. Additional comments may be added at any time due to incomplete plans, plan changes and mistakes, errors or omissions. 63. 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. 64. All infrastructure shall be in place prior to the issuance of building permit. 65. Replace and/or repair any damaged curb, gutter and sidewalk. 66. Show all proposed and existing utilities. 67. Show all street improvements; including streetlights, sidewalks, etc. 68. Show on-site drainage. EXHIBIT A A1S 09-12 7 7/19/10 69. Overhead utilities shall be underground. 70. Undergrounding required with new streets. All overhead utility facilities within newly constructed public streets shall be placed underground. 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 of underground utility lines, etc. 71. 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. 72. Show street improvements. 73. Sidewalks are required along all lot frontages. 74. Lot size and easements are to correspond with the approved tentative map and need to be shown on the plan. 75. 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 have a building permit and engineering calculations (submitted to the Building Department). 76. All drainage ditches shall be concrete. 77. Water pressure reducing valve or backflow preventer may be required. 78. Show all utilities in the street to the nearest upstream and downstream sanitary sewer manholes. 79. Erosion control plans are to be signed by a licensed engineer and shall show hydro seeded mix design. 80. 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: "AII 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 Operations at 846-0460) 81. 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. EXHIBIT A A1S 09-12 8 7/19/10 City Council-added Conditions 82. Landscaping and irrigation for the project shall comply with the State Model Water Efficient Landscape Ordinance. Review and approval of the plans and installation for the landscaping and irrigation shall follow the procedures specified by that Ordinance. 83. The project shall be reduced to 29 homes, with the reduction in homes occurring on the east side of Las Cruces Drive, between lots 9 and 15. Plans depicting this change shall be subject to the review and approval of the Community Development Department. 84. The developer shall design and implement the grading, irrigation and hydroseeding of the 3.63-acre City park located next to Antonio del Buono School. The design and installation of these improvements shall be subject to review and approval of the Engineering Division and the Community Services Department. The applicant shall enter into an Improvement Agreement for this construction upon approval of the Tentative Map and the Architectural and Site applications. EXHIBIT A I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2010-31 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 19th day of July, 2010, 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 23rd day of July, 2010. awna Freels, CMC City Clerk of the City of Gilroy (Seal)