Resolution 2012-511
RESOLUTION NO. 2012-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING A/S 12 -39, AN APPLICATION
FOR ARCHITECTURAL AND SITE APPROVAL OF A
PORTION OF THE RANCHO HILLS SUBDIVISION AND
PUD LOCATED ON APPROXIMATELY 70 ACRES ON
THE WEST SIDE OF RANCHO HILLS DRIVE BETWEEN
SUNRISE AND LONGMEADOW DRIVES.
WHEREAS, DeNova Homes (the "Applicant ") submitted application A/S 12 -39
requesting architectural and site approval to construct sixty eight (68) homes and associated
landscaping and other improvements within the subdivision approved under Tentative Map
application TM 05 -01 and within the area covered by the Planned Unit Development approved
by Ordinance 96 -5 and as amended by Ordinance 2012 -15 located on the west side of Rancho
Hills Drive between Sunrise and Longmeadow Drives; and
WHEREAS, submittal of application A/S 12 -39 is required in order to comply with Section
50.50 of the Zoning Ordinance that 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 November 1,
2012, at which time the Planning Commission considered the public testimony, the staff report
dated November 1, 2012 ( "Staff Report") and all other documentation related to application A/S
12 -39, and recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on November 19, 2012 at
which time the City Council considered the public testimony, the Staff Report, a supplemental
staff report dated November 19, 2012 and all other documentation related to application A/S 12-
39; and
WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA "), an expanded
Initial Study was prepared for the subdivision of this property under Tentative Map TM 05 -01
and that a Mitigated Negative Declaration was approved by the City Council in December 2006
RESOLUTION NO. 2012-51
and included a Mitigation Monitoring Program in order to avoid the potentially significant
effects resulting from development of the project, to a point where no significant impacts will
occur; 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 in the office of the City
Clerk.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve
application A/S 12 -39 subject to the condition set forth in Exhibit " A" attached hereto and
entitled "A/ S 12 -39 DeNova Homes Final Conditions of Approval"
PASSED AND ADOPTED this 3rd day of December, 2012, by the following roll call vote:
AYES: COUNCILMEMBERS:
TUCKER, WOODWARD and PINHEIRO
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
BRACCO, DILLON, LEORE- MUNOZ,
ARELLANO
NONE
Albert Pinheiro, Mayor
RESOLUTION NO. 2012-51
A/S 12 -39 DeNova Homes
Final Conditions of Approval
1. This project shall comply with all mitigation measures contained within the Mitigation
Monitoring and Reporting Program adopted for the "Rancho Hills /Deer Park Phase II
Subdivision" negative declaration.
2. This project shall conform to the plans prepared by Ruggeri- Jensen -Azar, William
Hezmalhalch Architects, Inc., and Ripley Design Group dated September 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 DeNova Homes and stamped
"Approved" by the Planning Division.
3. 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. The
landscaping plans shall include enhanced landscaping between fences and public
rights -of -way, including increased planting and larger -size plants. In addition, the
landscaping plans shall show stucco fences on the street side yards of lots 41
through 44 and lots 63 through 64. This condition shall be subject to the review and
approval of the Planning Division prior to building permit issuance.
4. 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.
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.
6. All two -car garages shall be at least 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.
7. The developer shall landscape the front yards of each home.
8. To provide additional articulation along the streetscape, the applicant shall
incorporate the following conditions into the project approval:
a. Homes along Rancho Hills Drive shall have staggered setbacks, subject to
Planning Division review and approval prior to building permit issuance;
EXHIBIT A
A/S 12 -39 2
DeNova Homes Final Conditions of Approval
11/27/12
b. Home plan 3092, which has a three - car -wide garage shall be limited to a
maximum of 25% of the lots fronting on Rancho Hills Drive and shall not be
placed on adjacent lots.
c. Homes siding onto any street shall use the "Enhancements at Visible Side"
elevations shown on the submitted plans.
d. Lots designed with side yards facing the street shall use plan 2405, plan 2077 or
plan 3092. The applicant shall use reverse floor plans, as needed, to ensure that
the side of the home with the most articulation faces the street.
e. Homes siding onto the street shall have fences constructed in front of bedrooms
only.
9. The homes en lots one through three of this subdi vision shall be permute
PFOGess aFGhmteGtuFal and sate Feview appliGations at a staff level, as long as t
"Hill6ide Development Guidelines." This condition
has been deleted. See condition 13 for approved language.
10. The developer shall place open space easements, or an acceptable alternative
method that ensures preservation of open space, on lots 1, 2, 3, 4, 5, 6, 7, 10, 11,
30, and 31 of this development, restricting any development on these sites to occur
within the approved building envelope. The easement language shall be subject to
the review and approval of the Planning Division prior to building permit issuance.
11. Single Family Homes with a fenced yard shall have a gate that opens to the
sidewalk.
12. 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.
EXHIBIT A
A/S 12 -39 3 11/27/12
DeNova Homes Final Conditions of Approval
City Council -Added Condition
13. The architectural and site review(s) for the hillside lots designated as lots 1, 2, and 3
on the Tentative Map (TM 05 -01) shall be reviewed and approved via public
hearings before the Planning Commission and City Council. The fees for the public
hearings shall be based on cost recovery.
EXHIBIT A
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2012 -51 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 3rd day of December, 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 of Gilroy this l Ot" of December, 2012.
1
Sh a Freels, M
Ci Clerk of the City of Gilroy
(Seal)