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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)