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Resolution 2013-29RESOLUTION NO. 2013-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S 13 -11, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL FOR THE K. HOVNANIAN HOMES /AVLANA RESIDENTIAL SUBDIVISION ON APPROXIMATELY 1.61 ACRES LOCATED AT MESA ROAD, SOUTHWEST OF SANTA TERESA BOULEVARD, APNS 810 -62 -014 THROUGH 810- 62 -021 WHEREAS, the applicant, K. Hovnanian Homes, submitted application A/S 13 -11 requesting architectural and site approval to construct eight (8) residential lots ( "the Project ") on approximately 1.61 acres, on APN 810 -62 -014 through 810 -62 -021, located at Mesa Road, southwest of Santa Teresa Boulevard; and WHEREAS, the City Council approved a Tentative Map (TM 03 -08) for a project at this site on August 2, 2004, creating twelve (12) lots. One of the twelve (12) lots has been developed with a single family home; three (3) of the twelve (12) lots are under a single, separate ownership; and the reminder eight (8) lots have been sold to K.Hovnanian Homes; and WHEREAS, the Planning Commission held duly noticed public hearing on June 6, 2013, at which time the Planning Commission considered the public testimony, the staff reports dated June 6, 2013 ( "Staff Report"), and all other documentation related to application A/S 13 -11 (13040075), and recommended that the City Council approve said application; and WHEREAS, the City Council held a duly noticed public hearing on July 1, 2013, and considered the public testimony, the Planning Commission Staff Report, a supplemental staff report dated July 1, 2013, and all other documentation related to application A/S 13 -11 (13040075), and requested City Staff to prepare a resolution of approval for the Project; and -I- IJH11175653.2 nenc40 n /9n- RESOLUTION NO. 2013-29 WHEREAS, the California Environmental Quality Act ( "CEQA ") provides an exemption for "Infill Development Projects" pursuant to CEQA Guidelines Section 15332, which applied to this 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 Application A/S 13 -11 is hereby approved subject to the conditions of approval set forth in Exhibit "A" attached hereto and entitled "A/S 13 -11 K. Hovnanian Homes /Aviana Residential Subdivision Final Conditions of Approval." SECTION I Application A/S 13 -11 is subject to an additional condition to allow K. Hovnanian to process a staff -level architectural and site review application that includes the same conditions that apply to A/S 13 -11 for the three (3) remaining lots on Mesa Road, should K. Hovnanian be successful in purchasing those lots. PASSED AND ADOPTED on this I" day of July, 2013 by the following roll call vote: AYES: COUNCILMEMBERS: ARELLANO, AULMAN, BRACCO, LEROE- MUNOZ, TUCKER, WOODWARD and GAGE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 1JH11175653.2 APPROVED: 11 W. MW -2- RESOLUTION NO. 2013-29 A/S 13 -11 K. Hovnanian Homes Final Conditions of Approval CONDITIONS OF APPROVAL: Planning Division (contact Melissa Durkin at 846 -0451, Melissa. Durkin@ci.gilroy.ca. us) 1. This project shall conform to the plans prepared by Hanna Brunetti dated April 2013 and Edinger Architects dated September 14, 2010, and stamped approved. 2. 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. The applicant shall submit a landscaping plan that specifies the proposed planting materials at the time of building permit submittal. This condition shall be subject to the review and approval of the Planning Division prior to issuance of building permits. 3. The developer shall submit and receive conceptual City approval of the following: a. A landscaping and irrigation plan that provides additional landscaping within the Santa Teresa Boulevard right of way behind the subject property. b. A financing mechanism to provide for long term maintenance of the additional landscaping referenced in "a." above. 4. The applicant shall either: c. Receive a County encroachment permit for the installation and maintenance of the landscaping referenced in 3.a., above, or d. Demonstrate to the satisfaction of the City that, despite the applicant's best efforts, installation and maintenance of said landscaping will not be approved by the County. 5. Should the applicant receive an encroachment permit from the County, as described in 4.a., above, prior to final inspection of any of the homes the applicant shall: e. Submit and receive City approval of a detailed landscape and irrigation plan for the Santa Teresa Blvd. right of way. f. Enter into an agreement with the City that provides a financing mechanism for the long -term maintenance of the landscaping of the Santa Teresa Blvd. right of way. 6. Prior to final inspection of the last home to be constructed, the landscaping and irrigation of the Santa Teresa Blvd. right of way shall be installed or the developer shall provide the City a Performance and Maintenance Bond for the landscape and irrigation improvements. If the developer submits completed landscaping plans to the City and to the County by September 1, 2013, and subsequent to City Council approval of those landscape plans, can document that the best efforts have been made to obtain an encroachment permit from the County, but that those efforts have failed, the City shall accept a cash deposit in the amount of 110% of the landscape architect's estimate to construct the approved landscape improvements. 7. Mechanical Appurtenances: Mechanical equipment and structural members to be located EXHIBIT A A/S 13 -11 2 7/01/13 on the roof of any buildings in this subdivision shall be screened by feature of the buildings, such that it cannot be seen from ground level the adjacent public right -of -way, whenever possible, subject to review the Planning Division. Show this condition as a note on the plans. 8. Exterior Lighting: No unobstructed beam of exterior lighting shall be from the site toward any residential use or public right -of -way. This review and approval of the Planning Division. Show this condition plans. an architectural at the far side of and approval by directed outward is subject to the as a note on the Fire Department (contact Jackie Bretschneider at 846 -0430, Fire Department (contact Jackie Bretschneider at 846 -0451, 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. 9. 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). 10. 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. Studies/libraries 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. Engineering Division (contact Sandra Meditch at 846 -0451, Sandra. Meditch@ci.gilroy.ca.us) 11. Damaged curb, gutter, sidewalk, and driveway approaches to remain along project frontage /limits shall be replaced to meet current City Standards. 12.Any work in the public right -of -way shall require a traffic control plan prepared by a licensed, professional engineer with experience in preparing such plans. Traffic Control Plan shall be prepared in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices. The Traffic Control Plan shall be included the Architectural and Site Plans/improvement Plans. 13. The developer shall implement and follow the Santa Clara Valley Urban Runoff Pollution Prevention Program's recommended Best Management Practices (BMP) for construction activities. 14. The project is subject to the City's Sewer, Water, Traffic and Public Facilities Development Impact fees. Payment of fees is due at time of building permit. 15. Prior to building permit issuance, the developer shall provide a disclosure statement, subject to City review and approval, disclosing that the property owners are responsible for maintaining the infiltration chambers on their properties. 16. Prior to building permit issuance, the developer shall provide a disclosure statement, subject to City review and approval, describing limitations on activities that may occur within the storm drainage easement on lot 2. Community Services (contact Todd Barreras at 846 -0460, todd.barreras @ci.gilroy.ca.us) A/S 13 -11 3 7/01/13 17. 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. I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2013 -29 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 1st day of July, 2013, 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 2nd day of July, 2013. ma Freels, MME Clerk of the City of Gilroy (Seal)