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
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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
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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)