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Resolution 2010-61 RESOLUTION NO. 2010-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AlS-PUD 10-15, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A 51-LOT SUBDIVISION PROJECT LOCATED ON MONTEREY ROAD, APN 790-07-029 WHEREAS, The James Group submitted application AlS/PUD 10-15, requesting architectural and site approval of a Planned Unit Development to construct 51 single-family lots and a private park of approximately 13,322 square feet ("the Project") on approximately 4.74 acres, on APN 790-07-029, which is located on the west side of Monterey Road approximately 250 feet north of Farrell Avenue; and WHEREAS, the City Council approved a Shovel-ready RDO exemption, HE 10-03, for a project at this site on August 2,2010; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City finds that the Project qualifies for a categorical exemption under CEQA Guideline 15322, Infill Development Projects; and WHEREAS, the Planning Commission reviewed said application including the Staff Report dated October 7, 2010 ("Staff Report") at a duly noticed public meeting on October 7, 2010, and recommended approval of AlS-PUD 10-15 to the City Council with some adjustments to the conditions; and WHEREAS, the City Council reviewed the Staff Report and a supplemental staff report dated November 1,2010, and all documents relating thereto and took oral and written testimony at its duly noticed public hearing on November 1, 2010; 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: -1- Resolution No. 2010-61 IDUNG0\831828.1 041'\'"lIC04n nA"'7nDnOn 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 Neighborhood DistrictlMedium Density Residential requirements. The proposed small lot single-family detached dwelling units and private street design is an appropriate development concept to implement the density set forth in the General Plan. 2. This Project will provide the type of infill development which will fill a specific need of the surrounding area as identified in the City's General Plan Housing Element. The proposed single family, market rate housing development will increase the variety of housing types in combination with the existing and proposed multi-family developments adjacent to the site. 3. The Project does not require urban services beyond those that are currently available at the Project site. 4. The proposed small lot single-family detached dwelling units and private street site design with specified amenities provide a harmonious, integrated plan which justifies exceptions to the normal standards of development in the Zoning Ordinance. 5. The Project is an economical and efficient use of the property because it provides an appropriate and efficient land use pattern for this long, narrow parcel of land. 6. The Project provides landscaping and open space over and above what is typically required for a single-family development. The Project includes a private park, a well-landscaped area along Monterey Road, and driveway landscaped areas that provide enhanced landscaping for the Project. 7. The proposed site design and private street/driveway circulation pattern make efficient use of the long, narrow parcel. The variety of dwelling unit exterior elevations will blend with the character of the surrounding neighborhood. The private park and landscaping along Monterey Road will provide attractive open space and an enhanced frontage along Monterey Road. 8. The Project will not create traffic congestion, noise, odor or other adverse effects on surrounding areas. -2- Resolution No. 2010-61 \DUNG0\831828.1 ",v..E::...." n.."7"~non 9. The Project provides appropriate access, parking, landscaping, trash areas and storage as required by the Zoning Ordinance. SECTION II Application A/S-PUD 10-15 is hereby approved subject to the conditions of approval set forth in Exhibit "A" attached hereto and entitled "Final Conditions of Approval for A/S PUD 10-15." PASSED AND ADOPTED this 15th day of November, 2010 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, TUCKER, WOODWARD and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BRACCO APPROVED: -3- Resolution No. 2010-61 \DUNG0\831828.1 ,,1\"'1:',,1\ nA"'7f\Cf\On Exhibit "A". Final Conditions of Approval for A/S-PUD 10-15 Planning Division 1. In order to provide for acceptable garbage pick-up service, the parallel parking spaces on Sturla Way on either side of each driveway shall be posted with signs identifying them for no parking on garbage pick-up days and requiring residents to move their refuse bins to those locations on garbage pick-up days. The sign design and locations shall be approved by the City Engineer. 2. The project Covenants, Conditions and Restrictions (CC&R's) shall have a requirement prohibiting parking in all residential unit driveways. 3. The project shall erect a six foot wooden fence on the north project boundary. 4. The fencing along the rear yards of the units adjacent to the park will consist of open wrought iron, six feet in height. 5. In order to protect the privacy of residents in the units adjacent to the park, there shall be no bedrooms on the first floor of those units. 6. The project will be required to install an approved pedestrian style street light to be approved by the City Engineer. 7. The driveway for lot 51 fronting on Church Street shall be redesigned to improve vehicle access to the garage. The redesign shall be approved by the City Engineer. 8. The side yard setback on Lot 4 shall be identified on the Site Plan at 5'.0 minimum. 9. The applicant shall work with staff to incorporated into the project design traffic calming methods (e.g., table top raised intersections or other equivalent traffic calming techniques) to discourage cut-through traffic on Sturlay Way, acceptable to the City Engineer. 10. The rear elevation of all units shall be revised to include architectural enhancements (e.g., shutters, sills, or decorative trim, etc.). This requirement shall be approved by the Planning Division Manager prior to issuance of a Building Permit. 11. The design of the proposed 'Welcome to Gilroy" sign to be placed in the landscape setback along Monterey road shall be approved by the City Engineer. 12. The landscape plan shall be revised to place a street tree in each of the bulb outs 13. The project shall conform to the plans prepared by Hanna-Brunetti Civil Engineers, and the brochure entitled "Tentative Map / Architectural and Site PUD Re-submittal for TM 10-03 and A1S 10-15, dated September 4,2010. The date of the final, approved version of these plans will be established by staff prior to City Council. 14. The landscaping plans must include street trees in the public right-of-way, consistent with the planting specifications of the Community Services Department. 15. Show all switch gear and transformers proposed for this location, if any. Switch gear and transformers must be placed underground unless you receive a specific exemption from the Engineering Division. All switch gear and transformers that are permitted above ground must be screened via a screen wall and landscaping. Provide a detail showing how you will treat the transformers and switch gear (if any). 16. Standard Zoning Code Section 50.45 Conditions A. Landscaping: Landscaping plans including specifications for an irrigation system shall be approved by the Planning Director 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. B. Trash Enclosures: All trash enclosures shall consist of visually solid fences and gates, six (6) feet in height, in accordance with the adopted City of Gilroy standard trash enclosure design plan, or a similar design approved by the Planning Director. All trash enclosures shall be located in accordance with the approved site plan and the Uniform Fire Code. C. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward from the site toward any residential use or public right-of-way. D. 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. E. Outdoor Storage: All outdoor storage and loading areas must be screened from public view with a combination of landscaping, solid fencing and building design and orientation. 17. The project shall comply with the State Model Landscape Conservation Ordinance, to be approved by the City engineer prior to issuance of Building Permits. 18. The applicant shall provide a drip shelf to better protect sliding glass doors from rain. BuildinG Division See attached Building Division memo dated August 16, 2010. CIty of Gilroy Development Depertment Building Dlvlelon (408) 848-0430 fa 848-0428 Arch & Sn. ConIII'HInta Date: 8-16-2010 Planning': 10070022 TM 10-03 & 10070021 AS 10-15 Applicant: James Sunsr Address: 9435 Monterey Rd., APN' 790-07-001 Project TM for 51-Lot SubdMslon & AS for 51 Single Family OweUings Plan Result: Failed Reviewer: J. Alexander AbbnM8tlon .... on the com...... below: GMC = GHroy Municipal Code; CBC = 2007 California Building Code; CMC . 2007 Calfomia Mechanical Code; CPC = 2007 California Plumbing Code; CEC = 2007 Califomla Electrical Code; CEne - 2007 California Energy Code; UAC -19'f11 Uniform Administrative Code; BC = Beginning Curb; EC = End Curb; BVC = Begin Vertical Curb; EVC = End Vertical Curb SCOPE OF REVIEW: The Building Division has perfonned a cursory review of the plan submitted to the Planning DIvision for the application noted above. Based on the submitted plan, the foUowIng preliminary comments, Information and conditions of approval are generated to assist you toward the building permit process. It is very Important that these commen18 are Incorporated Into the final submftted plan at the time of building permit application. These comments are In compliance with the current city adopted building codes and are subject to change. AU construction shall comply with the most current city adopted building codes in place at the time of building permit plan check submittaVapplication. 1. When building permit application is made, additional comments may be added due to Incomplete plans, plan changes from any poor plans used In Planning Division processes, mistakes, errors or omissions. 2. Obtain a Demolition pennlt for any existing structures on site, if applicable. 3. The (Plan 2) lot numbers 22, 27, 28, 33, 34, 39, 40, 45, 46 and 51 appear to encroach into 10' foot PUE. Revise. 4. Accessible Parking stall, shall be provided with signage as per 2007 CBC1009A.5. Revise Accessible Parking space striping layout as per 2007 CBC 11298.3.1, provide details at time of building permit application. 5. P1aygrcM'1d equipment shall meet the U.S. Comuner Product Safety Commission standards and must be Installed by a certified Installer. ProvIde note on plans with equIpment anchorage detall8lmanufacturer's instaIla1ion requirements. Playground material consideration as provided In 2I.X17 cae 402.11.should be noted on plans and or provided per U.S. Consumer Proc:luct Safety Commission standards. PIM8e give "". h..tonnatlon to the atr:hllect, dealgner, "'111""', contnlf:tor, and ""YOne'" on your proJfIt:t ,..", 80 they "",y ,.""" the ptDpet' InIormIttIon tor your ptO/fIt:I. PLAN CHECK AND PERMIT APPUCA110N INFORMAll0N: a) ProvIde.."".",.", on the co""""" of the building plan tevtew ..",,,,., ,.,. ""'ng the following: 1) , hereby acknowledge that my building plan review submittal docLments are in confonnance with the Arch and Site approval. I understand that if my submittal is different from my arch and site approval,. it win take longer to review my building plan review and additional fees may apply: I I Bldgl - J007()021 TM_10-03 - 10070022 AS_IO-1 S _9435 MOnlerey Rd 2) Provide a signature of the architect of record agree the statement b} DMlan Prof---IoftaI- this project will require a State of California registered design professional to design, stamp and wet sign the construction plans. c} Bulldlfta CodM - AD construction shall comply with Building, Mechanical, Plumbing, Electrical, 1-24 Energy and AccessibUity, and CIty codes. Indicate the version used for the design on the plans, the Codes in place as of 8-16-201D are as follows: > 2007 California Bulldfng Code. > 2007 California Are Code. > 2007 California Electrical Code. > 2007 California Mechanical Code. > 2007 California Plumbing Code. > 2007 California Energy Regulations > 1997 Unifonn Administrative Code > California Energy: Zone 4 > Are Protection Class: 4 > Seismic Design Category: 0 > Wind (3 see gust), V.(Section 1609.3, CBC): 85 rnph > Wind Exposure: C. If exposure B is used. provide calculations to justify > Storm Water Roof Drainage (table 0-1. CPC): 1.5 incheslhour FIMA Notice This project may be In a flood zone and must meet the CIty of Gilroy "Floodplain Management OrdInance" ....18. If your project Is located within the flood zone, provide this Information on the Title Sheet. 21 Bldgl-IOO70021 TM.JO-03 -IOO70022AS_10-15_9435MonlereyRd. I, SHA WNA FREELS, City Clerk ofthe City of Gilroy, do hereby certify that the attached Resolution No. 2010-61 is an original resolution, or true and correct copy ofa city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 15th day of November, 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 16th day of November, 2010. Sha Freels, CMC City Clerk of the City of Gilroy (Seal)