Resolution 2012-48RESOLUTION NO. 2012-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING AS 12 -29, PLANNED UNIT
DEVELOPMENT (PUD) ARCHITECTURAL AND SITE
REVIEW FOR THE DESIGN OF 60 DUET HOMES ON A
PROPERTY OF APPROXIMATELY 7.45 ACRES
LOCATED ON MONTEREY STREET AT ELEVENTH
STREET, BETWEEN TENTH STREET AND LUCHESSA
AVENUE, APNS 799 -33 -048 THROUGH 799 -33 -064
WHEREAS, Signature Development Group (the "Applicant ") submitted application A/S
12 -29 requesting architectural and site approval to construct sixty (60) duet homes and
associated landscaping and other improvements within the subdivision approved under Tentative
Map application TM 12 -02 and within the area covered by the Planned Unit Development
approved by Ordinance 2012 -, located on Monterey Street at Eleventh Street, Between Tenth
Street and Luchessa Avenue; and
WHEREAS, submittal of application A/S 12 -29 is required to comply with Section
50.50 of the Zoning Ordinance, which provides that all aspects of a PUD, including landscaping
and building design be approved prior to issuance of building permits; and
WHEREAS, the Planning Commission held a duly noticed public hearing on October 4,
2012, at which time the Planning Commission considered the public testimony, the staff report
dated October 4, 2012 ( "Staff Report") and all other documentation related to application A/S
12 -29, and recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on November 5, 2012
at which time the City Council considered the public testimony, the Staff Report, a supplemental
staff report dated November 5, 2012 and all other documentation related to application A/S 12-
29; and
RESOLUTION NO. 2012-48
2
WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA "), the City
Council considered an addendum to the negative declaration prepared for the Project in
September 2012, and determined that the 'Eleventh Street Commons Project Negative
Declaration" adopted in May 2005 with 15 mitigation measures will substantially lessen
identified potential significant effects to a point where no significant impacts will occur. The
Project is thereby determined to comply with CEQA requirements; and
WHEREAS, the location and custodian of the documents or other materials that
constitute the record of proceedings upon which this project approval is based in the office of the
City Clerk.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve
application A/S 12 -29 subject to the condition set forth in Exhibit " A" attached hereto and
entitled "A/ S 12 -29 Monterey Street Duplexes Final Conditions of Approval"
PASSED AND ADOPTED this 19th day of November, 2012, by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, DILLON, LEROE-
MUNOZ, TUCKER, PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: BRACCO, WOODWARD
APPROVED:
er Pinheiro, Mayor
RESOLUTION NO. 2012-48
A/S 12 -29
Monterey Street Duplexes
Final Conditions of Approval
Planning Division (contact Melissa Durkin at 846 -0451, Melissa. Durkin @ci.gilroy.ca.us)
1. This project shall comply with all mitigation measures contained within the Mitigation
Monitoring and Reporting Program adopted for the "Eleventh Street Commons General
Plan and Zone Change Project" negative declaration and the Addendum Negative
Declaration.
2. This project shall conform to the plans prepared by Ruggeri- Jensen -Azar, dated August
30, 2012; plans prepared by KTGY Group, Inc., dated August 28, 2012; and plans
prepared by Van Dorn Abed, dated August 2012, and stamped "approved," except as
modified by the City Council's approval of these applications and conditions of approval.
The colors and materials shall conform to the colors and materials board prepared by
KTGY Group, Inc and stamped "Approved" by the Planning Division.
3. Approval of A/S 12 -04 is subject to the applicant receiving City Council approval of Z 12-
02.
4. Detailed landscaping plans including specifications for an irrigation system shall be
approved by the Planning Division in accordance with the adopted Consolidated
Landscaping Policy and Zoning Ordinance section 38, 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.
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. 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.
8. All house elevations visible from any public or private right -of -way shall be constructed
using the gable end detail and window treatments included in the plan sets dated August
28, 2012 prepared by KTGY Group, Inc.
9. Air conditioning equipment shall be ground mounted. Show this condition as a note on
the plans.
10. The homeowners' association shall maintain the landscaping, artwork, and appurtenant
structures and pavement in the greenway along Monterey Street.
11. To meet noise - attenuation and fence height requirements, the developer shall:
a) Lower the wall on the north side of the site to 7 feet.
b) Construct a 7 -foot high sound - attenuating fences on the eastern lots in this
subdivision;
EXHIBIT A
Monterey Street Duplexes 2 11/19/12
Final Conditions of Approval
c) Move the playground equipment so it is at least 260 feet west of the site's eastern
boundary or construct a sound - attenuating fence in front of the equipment.
12. The homeowners' association shall maintain all private streets, common areas, and
landscaping within this subdivision.
13. The developer shall landscape the front yards of each home.
14. Patio covers may be constructed with a minimum 5 -foot rear yard setback. All other
setbacks must comply with the minimum building setbacks set forth in the approved
Planned Unit Development.
15. The developer shall identify all required improvements to the adjacent movie theater site
on the improvement plans. All of the identified parking lot improvements shall be
completed prior to final of the homes on lots four through eight.
16. Prior to completion of Public Improvements, the developer shall either fund or construct a
Downtown archway sign in accordance with the City's "Wayfinding" program, subject to
review and approval of the Engineering and Planning Divisions.
Fire Department (contact Jackie Bretschneider at 846 -0430,
Jacqueline .Bretschneider @ci.gilroy.ca.us)
These conditions shall be included as notes on the cover page of the construction drawings
submitted for building permit.
17. Single Family Homes with a fenced yard shall have a gate that opens to the sidewalk.
18. All residential structures shall be provided with residential fire sprinklers including
detached garages. City standards include:
a) System to comply with NFPA 13D subject to inspection by the City.
b) Riser shall be installed in the garage unless alternate approved by the Fire Marshal
c) If the water supply to the home is not at the garage a review and approval of the fire
system components locations shall be obtained from the Fire Marshal. All enclosed
garages and attached carports shall be provided with sprinkler protection.
d) At least 1 sprinkler of each type shall be present in the spare head box at final.
e) An exterior bell /horn shall be installed on the bedroom side of the home. A horn
device shall be provided for the interior living space.
f) Sprinkler CPVC piping in attic space shall be provided with adequate insulation or be
done with a copper riser.
g) Sprinkler coverage shall be provided underneath stairwells when used as storage,
closets or bathrooms (even if less than 55 sq ft). Concealed spaces used for storage
in attics or crawl spaces that exceed 55 sq ft in area and 6 ft in height, shall be
provided with sprinkler coverage.
Council -Added Conditions
19. The developer shall construct a masonry wall along the western property boundary. This
wall shall be maintained by the Homeowners' Association. The design and placement of
the wall shall be subject to review and approval by the Planning, Engineering, and
Building Divisions.
EXHIBIT A
Monterey Street Duplexes 3 11/19/12
Final Conditions of Approval
20. The developer shall
Luchessa/ Monterey
Department.
install ADA (American's with Disabilities Act) improvements at the
Street signal, subject to review and approval by the Public Works
EXHIBIT A
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2012 -48 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 19t` day of November, 2012, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City ojGi y this 2Vda November, 2012.
Sha a Freels, M
City Clerk of the Ci Gilroy
(Seal)