Resolution 2013-44RESOLUTION NO. 201344
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING PLANNED UNIT DEVELOPMENT
ARCHITECTURAL & SITE APPLICATION (A/S -PUD 13 -06)
FOR 186 SINGLE - FAMILY HOMES ON AN
APPROXIMATELY 45.27 ACRE PARCEL LOCATED WITHIN
THE HECKER PASS SPECIFIC PLAN, EAST RESIDENTIAL
CLUSTER, SOUTH OF HECKER PASS HIGHWAY AND
WEST OF THIRD STREET, APNS 810-20-001,-003, AND -007,
APPLICANT MERITAGE HOMES
WHEREAS, Meritage Homes submitted an application (A/S -PUD 13 -06) requesting
Architectural & Site approval of a Planned Unit Development to create 186 single - family homes on
an approximately 45.27 acre parcel, located south of Hecker Pass Highway and west of Third Street,
APNS 810 -20 -001, 810 -20 -003, and 810 -20 -007; and
WHEREAS, the subject property is located within the Hecker Pass Specific Plan, within an
area identified as the East Residential Cluster; and
WHEREAS, application A/S -PUD 13 -06 was referred to various public utility companies and
City departments, including the Technical Advisory Committee, for recommendations; and
WHEREAS, on September 5, 2013, the Planning Commission held a public hearing and
continued it to its duly noticed meeting on October 3, 2013, at which time it considered the public
testimony, the staff report dated October 3, 2013 ( "Staff Report") and all other documents related to
A/S -PUD 13 -06, and found the application in accordance with the Hecker Pass Specific Plan, the
Gilroy Zoning Ordinance, and other applicable standards and regulations, and adopted Planning
Commission Resolution No. 2013 -05, recommending approval of A/S -PUD 13 -06 to the City
Council; and
WHEREAS, the City Council at its duly noticed public hearing on October 21, 2013
considered public testimony, the Staff Report and a supplemental staff report dated October 21,
2013, and all other related documents, including Planning Commission Resolution No. 2013 -05; and
RESOLUTION NO. 2013-44
WHEREAS, the City Council finds the design and development of the Architectural & Site
Review application conforms to the City's General Plan and elements thereof, including the Hecker
Pass Specific Plan; and
WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA" ), the City
Council in 2005 certified the Final Environmental Impact Report by Res. No. 2005 -02 for the Hecker
Pass Specific Plan, and finds that the proposed development is consistent with the Specific Plan,
which was amended in 2009 pursuant to additional environmental review described in Res. No.
2009 -32. Therefore, no further environmental analysis is required pursuant to CEQA Guideline
section 15182(a) since this is a residential project in conformity with a Specific Plan; 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:
A. The City Council hereby adopts the findings required by Gilroy Zoning Ordinance
section 50.55 based upon substantial evidence in the entire record as summarized below:
1. As proposed, the project conforms to the Gilroy General Plan in terms of general
location and standards of development.
2. This project will create a variety of housing types and sizes, which will fill a
specific need of the surrounding area and assist the City in meeting its housing goals.
This project will not require urban services beyond those that are currently
available.
4. This project conforms to the Hecker Pass Specific Plan, which is harmonious and
integrated.
This project is a clustered, compact development, which is an economic and
efficient use of land.
6. This project includes greater provisions for landscaping and open space that
4850- 94954518, v. 1
RESOLUTION NO. 201344
would generally be require. The entire 112 -acre parcel includes an 8 -acre linear park with a 3-
acre public neighborhood park, a 5 -acre detention basin, and a 12 -foot multi -modal trail, as well
as landscaping in common areas. In addition, Staff recommends that the applicant be required to
landscape the front yards of these homes to meet this requirement.
7. The homes meet City design standards set forth in the Hecker Pass Specific Plan
to create attractive buildings, open space and site design to blend with the character of
surrounding areas.
8. The project would not create traffic congestion, noise, odor or other adverse
effects on surrounding areas.
9. The project will provide adequate access, parking, landscaping, trash areas and
storage, as necessary.
B. Application A/S -PUD 13 -06 should be and is hereby approved subject to the
conditions of approval set forth in Exhibit A attached hereto and entitled, "Final Conditions of
Approval A/S PUD 13 -06" and subject to the CEQA mitigation measures set forth in the Mitigation
Monitoring Program under "PLANNING CONDITIONS SPECIAL CONDITIONS" numbers 12
through 17.
PASSED AND ADOPTED this 4th day of November 2013 by the following roll call vote
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, LEROE- MUNOZ, TUCKER
and GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: AULMAN
ABSTAIN: COUNCILMEMBERS: WOODWARD
APPROVED:
Donald Gage, Mayor
ATTE T�
Sha a Freels, Ci lerk
4850- 9495 -4518, v. 1
RESOLUTION NO. 2013-44
EXHIBIT A
AS /PUD 13 -06
CONDITIONS
PLANNING DIVISION CONDITIONS
1. Placement of mail box structures shall comply with the Post Office requirements and
shall be subject to the review and approval by the Post Office and the City Public
Works Department. If modifications to the tentative map would then be required, the
applicant will apply for a modification to the tentative map.
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. This shall be subject to the review and approval of the Planning
Division.
3. The developer shall provide stucco window trim, shutters, and /or other architectural
amenities on the windows along the side and rear elevations on every home within this
subdivision.
4. All fences must meet the requirements of Zoning Ordinance Section 34.
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. Building colors shall be earth tones subject to the review and approval of the Planning
Division.
7. The developer shall disclose to every future homebuyer that the Uvas Creek Park
Preserve located south of this site will be developed with a trail that is open to the
public. The developer shall provide a copy of this disclosure statement to the Planning
Division prior to building permit issuance.
8. The developer shall disclose to every future homebuyer that active farming will occur on
the agricultural lands within the Hecker Pass Special Use District. The developer shall
provide a copy of this disclosure statement to the Planning Division prior to building
permit issuance.
9. The developer shall provide additional stone and /or minor architectural elements to
augment the Heartland Zipper elevations 2 and 2A and Heartland elevations 1 and 2.
AS 13 -06, Exhibit A
Page 2
These augmentations are subject to review and approval of the Planning Division prior
to issuance of a building permit.
10. Approval of this Architectural & Site Review is subject to approval of TM 13 -02.
11. This project shall conform to the plans prepared by Ruggeri- Jensen -Azar, dated July
23, 2013 and the plans prepared by OAG Architects dated July 24, 2013 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 OAG Architects and stamped
"Approved" by the Planning Division.
PLANNING DIVISION SPECIAL CONDITIONS
Mitigation Measures: The following mitigation measures, which are contained within
the applicable environmental documents as discussed above, prepared pursuant to the
California Environmental Quality Act, and as modified based upon changes in
applicable regulations, are included as conditions of approval.
12.The applicant shall specify in project plans the implementation of the following dust
control measures during grading and construction activities for any proposed
development. The measures shall be implemented as necessary to adequately control
dust, subject to the review and approval by the City of Gilroy Planning Division:
The following measures shall be implemented at all construction sites:
(A) Water all active construction areas at least twice daily;
(B) Cover all trucks hauling soil, sand, and other loose materials or require all
trucks to maintain at least two feet of freeboard;
(C) Pave, apply water three times daily, or apply (non- toxic) soil stabilizers on all
unpaved access roads, parking areas and staging areas at construction
sites;
(D) Sweep daily (with water sweepers) all paved access roads, parking areas
and staging areas at construction sites;
(E) Sweep streets daily (with water sweepers) if visible soil material is carried
onto adjacent public streets;
(F) Hydroseed or apply (non- toxic) soil stabilizers to inactive construction areas
(previously graded areas inactive for ten days or more);
(G) Enclose, cover, water twice daily or apply (non- toxic) soil binders to exposed
stockpiles (dirt, sand, etc.);
(H) Limit traffic speeds on unpaved roads to 15 mph;
(1) Install sandbags or other erosion control measures to prevent silt runoff to
public roadways;
(J) Replant vegetation in disturbed areas;
(K) Place a minimum of 100 linear feet of 6 to 8 inch average diameter cobble at
all exit points to dislodge and trap dirt from vehicle tires;
AS 13 -06, Exhibit A
Page 3
(L) Suspend excavation and grading activity when winds (instantaneous gusts)
exceed 25 miles per hour; and
(M) Limit the area subject to excavation, grading and other construction activity
at any one time.
13.All future development within the specific plan area shall implement the following
conditions to minimize disturbance to potentially significant cultural resources. Each of
the following shall be made a condition of approval for grading and Building Permits:
(A) Developers of each project within the specific plan area shall contract with a
qualified archaeologist to provide an archeological site assessment to
determine the need for monitoring during grading and excavation activities.
(B) If cultural resources are discovered during construction, work shall be halted
at a minimum of 165 feet (50 meters) from the find and the area shall be
staked off. The monitoring professional archaeologist, if one is on site, shall
be notified. If a monitoring professional archaeologist is not on -site, the city
shall be notified immediately and a qualified professional archaeologist shall
be retained. If the find is determined to be significant, appropriate mitigation
measures shall be formulated by the professional archaeologist and
implemented by the responsible party.
14. Prior to development of any property within the specific plan area, a Phase 1
Environmental Site Assessment shall be prepared in accordance with ASTM
Standard(s) to identify whether past or existing uses of the project property may have
adversely affected soil or groundwater, or would otherwise pose a health hazard during
site development or habitation. If the Phase I assessment finds that past uses may
have contaminated the site, a Phase 2 Site Assessment shall be prepared. If
contamination is present, clean up and disposal of such contamination shall be in
compliance with federal, state and local regulations governing the cleanup and disposal
of hazardous waste. Results of the Phase 1 and, if needed, the Phase 2 assessment
and cleanup shall be presented to and approved by the City of Gilroy Engineering
Division prior to issuance of a Building Permit.
15.AII noise generating construction activities shall be limited to weekdays between 7:00
AM and 7:00 PM, and to Saturdays between 9:00 AM and 7:00 PM. No construction is
allowed on Sundays or city holidays. In addition, temporary berms or noise attenuation
barriers shall be utilized when necessary. This requirement shall be attached as a
contractor work specification for all projects.
16. Applicants for projects within the specific plan area shall be responsible for improving
Hecker Pass Highway immediately west of Santa Teresa Boulevard to include a second
westbound travel lane. The second westbound travel lane on Hecker Pass Highway,
and the appropriate lane -drop taper consistent with Caltrans' Standards, should extend
as far as possible beyond (west of) Santa Teresa Boulevard as can be accommodated
within the existing public right -of -way, with the design subject to approval by the City
Engineer in his /her reasonable discretion. Applicants shall coordinate with the City of
AS 13 -06, Exhibit A
Page 4
Gilroy Engineering Division to design and implement the widening project. Removal of
deodar cedar trees along the highway must be avoided wherever possible and
improvements must be consistent with State scenic highway guidelines. Traffic signal
modifications should be made to the intersection of Santa Teresa Boulevard and First
Street/Hecker Pass Highwayto add vehicle detection forthe second eastbound through
lane.
17. Applicants for projects within the specific plan area shall be responsible for shoulder
improvements to Hecker Pass Highway, per Caltrans' standards, between Santa
Teresa Boulevard and the easterly limits of the planned Caltrans Uvas Creek Bridge
Improvement project. Applicants shall coordinate with the City of Gilroy Engineering
Division to design and implement the shoulder improvements. Removal of deodar cedar
trees along the highway must be avoided wherever possible and improvements must be
consistent with State scenic highway guidelines.
Specific Plan Conditions
18. Future property and homebuyers shall execute right -to -farm disclosure statements as
part of all sales transactions (HPSP Policy 5 -9).
19.Any related Integrated Agricultural Management Plans and the "right -to -farm" ordinance
shall be disclosed to future residents and commercial tenants prior to lease or purchase
(HPSP Policy 5 -11).
20. Landscaping plans for any recreation improvements proposed in or adjacent to riparian
habitat shall include appropriate guidelines to prevent contamination of Uvas Creek and
its associated riparian habitat by pesticide, herbicides, fungicides, and fertilizers.
Landscaping should include appropriate native plant species and should not include
plantings of non - native, invasive plant species (HPSP Policy 5-45).
POLICE DEPARTMENT CONDITIONS
21. Place a climbing vine on the Third Street privacy wall to discourage graffiti, if proposed
landscaping does not cover the wall.
22. Include only low plants, i.e. ground cover and skirted trees in the paseos' landscaping
to avoid hiding places around where people walk.
23. Provide lighting within the paseos.
FIRE DEPARTMENT CONDITIONS
24. 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).
AS 13 -06, Exhibit A
Page 5
25. Single Family Homes with front doors that are accessed via a fenced or enclosed
courtyard shall have an operable latch from the house side to allow exiting to the public
way (or open yard to a public way).
26.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 water supply from point
of entry to the riser shall be approved fire sprinkler lines.
(D)AII enclosed garages and attached carports shall be provided with sprinkler
protection.
(E) At least 1 sprinkler of each type shall be present in the spare head box at
final.
(F) 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.
(G) Sprinkler coverage shall be provided underneath stairwells when: used as a
storage closet or bathroom (even if less than 55 sq ft
(H)A pilot head shall be located above each attic access.
27.An address shall be provided at building permit submittal. Building / House numbers
shall be clearly visible from the street.
28. Addressing shall be from the street that the front door faces and shall be visible from
that street. If the house is recessed, obstructed or at an angle such that the front door is
not visible from the street, an additional address sign shall be provided that is visible
from the street. All main address numbers shall be illuminated a minimum of 2.5 inches
in height with a 3/8 inch stroke and placed to read from left to right and /or top to bottom,
and located at least 60 inches high from the ground.
29. Chimneys shall have spark arrestors installed. No permanent outdoor, wood -fired
fireplaces /pits are allowed. Trees and tree branches shall not be within 10 ft of a
chimney.
30. Red curbing and signage shall be maintained by the Home Owners Association.
A parking enforcement plan shall be implemented by the Homeowners Association."
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2013 -44 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 4d' day of November, 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 6t' day of November, 2013.
Clerk of the City of Gilroy
(Seal)