Loading...
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)