Resolution 2014-48RESOLUTION NO. 2014-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING ARCHITECTURAL & SITE
REVIEW APPLICATION AS 13 -31, FOR TWO SINGLE -
FAMILY RESIDENTIAL HOMES LOCATED WITHIN THE
...... ....
LADERA VISTA/RANCHO HILLS/DEER PARK PROJECT,
APN'S 783 -75 -001 AND 002
WHEREAS, DeNova Homes, submitted an application requesting Architectural & Site
Review for two (2) single - family homes ( "AS 13 -31 "); and
WHEREAS, the subject property is located within the Ladera Vista/Dear Ranch/Rancho
Hills project; and
WHEREAS, AS 13 -31 was referred to various public utility companies, City
departments, including the Technical Advisory Committee for recommendations, and the
Planning Commission; and
WHEREAS, the Planning Commission held a duly noticed public hearing on August 7,
2014, at which time the Planning Commission considered the public testimony, the staff report
dated August 7, 2014 ( "Planning Commission Staff Report"), and all other documentation
related to AS 13 -31, and recommended that the City Council approve said application with
conditions; and
WHEREAS, the City Council held a duly noticed public hearing on August 18, 2014, and
considered the public testimony, the Planning Commission Staff Report, and all other
documentation related to application AS 13 -31 and requested City Staff to prepare resolutions of
approval for the Project; and
WHEREAS, the City Council of the City of Gilroy has considered AS 13 -31 in
accordance with the Gilroy Zoning Ordinance, and other applicable standards and regulations;
and
RESOLUTION NO. 2014-48
4839-3231-0046v2
DUNGON706083
WHEREAS, the City Council of the City of Gilroy finds AS 13 -31 conforms to the City's
General Plan and elements thereof, and
WHEREAS, a Mitigated Negative Declaration was approved for the subdivision of the
subject lots (TM 05 -01), and no further environmental analysis is required by the California
Environmental Quality Act; 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
The City Council hereby adopts the findings as required by Zoning Ordinance Section
50.55 based upon substantial evidence in the entire record as summarized below:
AS 13 -31 conforms to the Gilroy General Plan in terms of general location and standards
of development.
2. AS 13 -31 will assist in the creation of 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.
3. AS 13 -31 will not require urban services beyond those that are currently available.
4. AS 13 -31 conforms to the development in the Ladera Vista/Deer Park/Rancho Hills
project, which is harmonious and integrated.
5. AS 13 -31 is an infill project, surrounded on all sides by urban development, which is an
economic and efficient use of land.
6. AS 13 -33 would not create traffic congestion, noise, odor or other adverse effects on
surrounding areas.
7. AS 13 -33 will provide adequate access, parking, landscaping, trash areas and storage, as
necessary.
4WM231-OMv2 RESOLUTION NO. 2014 -48
DUNG0104706083
8. The applicant agrees with the necessity of and accepts all elements, requirements, and
conditions of this resolution as being a reasonable manner of preserving, protecting,
providing for, and fostering the health, safety, and welfare of the citizenry in general and
the persons who work, visit or live in this project in particular.
SECTION II
The City Council of the City of Gilroy hereby approves AS 13 -31, subject to the
conditions of approval set forth in Exhibit "A" attached hereto and incorporated by this
reference.
vote:
PASSED AND ADOPTED this 8`" day of September, 2014 by the following roll call
AYES: COUNCILMEMBERS: ARELLANO, AULMAN, BRACCO,
LEROE- MUNOZ, TUCKER, WOODWARD and GAGE
NOES: NONE
ABSENT: NONE
4839- 3231-0046v2
DUNG0104706083
APPROVED:
6LdJ'4'X
Donald Gage, Mayo
RESOLUTION NO. 2014-48
it
PLANNING COMMISSION ADDED CONDITION
1. Lot 2, Plan 5 is approved as a four -car garage with a tandem two -car configuration as
shown on approved Site Plan.
PLANNING DIVISION CONDITIONS
2. This permit is granted for the property described in the application on file with the Planning
Division, and may not be transferred from one property to another, unless a request is
requested and granted by the Planning Director, pursuant to the City Code.
3. This permit is granted for approved plans ( "the plans ") on file with the Planning Division.
The project shall conform to the plans, except as otherwise specified in these conditions.
Any subsequent modification or deviation to the plans shall be considered pursuant to City
Code requirements or policies adopted by City Council.
4. Developer shall obtain building permits for the plans within one (1) year from the date of
this permit approval. If such buildings permits are not received within the time frame, this
permit shall automatically become null and void.
5. Should Developer intend to request an extension to the permit expiration date, Developer
must submit to the Planning Division a written application with applicable fees prior to the
expiration date. Only timely requests shall be considered pursuant to the City Code.
6. By commencing any activity related to the project or using any structure authorized by this
permit, Developer accepts all of the conditions and obligations imposed by this permit and
waives any challenge to the validity of the conditions and obligations stated therein.
7. Developer shall complete all required off -site and on -site improvements related to the
project, including structures, paving, and landscaping, prior to occupancy.
8. Developer agrees, as a condition of adoption of this resolution, at Developer's own
expense, to defend, indemnify, and hold harmless the City of Gilroy and its officers,
contractors, consultants, attorneys, employees and agents from any and all claim(s),
action(s) or proceeding(s) brought against City or its officers, contractors, consultants,
attorneys, employees, or agents to challenge, attack, set aside, void or annul the approval
of this resolution or any condition attached thereto or any proceedings, acts or
determinations taken, including actions taken under the California Environmental Quality
Act of 1970, as amended, done or made prior to the approval of such resolution that were
part of the approval process. (CA, G -6)
9. Any covenants, conditions, and restrictions (CC &Rs) applicable to the project property
shall be consistent with the terms of this permit and the City Code. If there is a conflict
AS 13 -31 Final Conditions
2
between the CC &Rs and the City Code or this permit, the City Code or this permit shall
prevail.
10. Developer shall complete the "Notice of Land Use Restrictions and Conditions" form, using
the form provided by the City, for recording with the Santa Clara County Recorder. Before
the City issues building permits, Developer shall submit the original completed, signed and
notarized document, together with any required fees to the Planning Manager.
11. If Developer, owner or tenant fails to comply with any of the conditions of this permit, the
Developer, owner or tenant shall be subject to permit revocation pursuant to the City
Code.
12. Prior to issuance of building permits, Developer shall correct all violations of the City Code
existing on the project property for which the City has open cases.
13. This project shall conform to the plans prepared by Ruggeri- Jensen -Azar, dated
March 2014 and the plans prepared by DeNova Homes dated August 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 DeNova Homes and stamped "Approved" by the Planning Division.
14. This project shall comply with all applicable mitigation measures contained within the
Mitigation Monitoring and Reporting Program adopted for the "Rancho Hills /Deer Park
Phase 11 Subdivision" negative declaration (TM 05 -01). The applicable ongoing mitigations
are shown below as Condition Nos. 15 through 22.
15. In order to protect oak trees on the project site from inadvertent damage by construction
equipment during grading and construction activities, native trees that are to be retained
and are located within or adjacent to the construction zone shall be identified in grading
plans, and the following protective methods employed during construction.
a. For trees under 12 inches in diameter, wrap trunks with protective materials;
b. For trees 12 inches in diameter or greater, install protective fencing 0.5- to 0.75 -feet
from the trunk per inch trunk diameter; work within the protected area shall be
overseen by a qualified arborist of biologist;
c. Bridge or tunnel under roots greater than four inches in diameter where exposed.
Smaller roots shall be cut by manually digging a trench and cutting exposed roots
with a saw, vibrating knife, rock saw, narrow trencher with sharp blades, or other
approved root - pruning equipment. Any roots damaged during grading or
excavation shall be exposed to sound tissue and cut cleanly; and
d. Avoid soil compaction, parking of vehicles or heavy equipment, stockpiling of
construction materials, and /or dumping of materials under dripline of trees.
e. This mitigation measure is subject to the review and approval of the Planning
Division. (TM 05 -01 mitigation BI -8)
16. Development on parcels that do not have building envelopes identified on them shall be
sited as close to the subdivision roads as possible, but no farther than 150 feet from the
street (which will additionally provide for emergency vehicle access, and appropriate
AS 13-31 Final Conditions
3
firefighting proximity), and outside of the oak woodland habitat.
a. Driveways, fence lines, storm drainage channels, and other linear features shall be
designed to avoid transecting the oak woodland habitat. If linear features do
transect oak woodland habitat, these features will be designed to facilitate wildlife
movement, such as roadways without curbs, drainage channels with shallowly
sloped walls, etc. This mitigation measure is subject to the review and approval of
the Planning Division. (TM 05 -01 mitigation 13I -9)
17. Due to the possibility that significant buried cultural resources might be found during
construction, the following language shall be included on any permits issued for the project
site, including, but not limited to building permits for future development, subject to the
review and approval of the Gilroy Planning Division (pursuant to Gilroy General Plan
Policy 5.07):
i. If archaeological resources are discovered during construction, work
shall be halted within 50 meters (165 feet) of the find until a qualified
professional archaeologist can evaluate it. If the find is determined to
be significant, appropriate mitigation measures shall be formulated
and implemented.(TM 05 -01 mitigation CR -1)
18. In the event of an accidental discovery or recognition of any human remains in any
location other than a dedicated cemetery, the City shall ensure that the language is
included in all permits in accordance with CEQA Guidelines section 15064.5(e), subject to
the review and approval of the City of Gilroy Planning Division:
i. If human remains are found during construction there shall be no
further excavation or disturbance of the site or any nearby area
reasonably suspected to overlie adjacent human remains until the
coroner of Santa Clara County is contacted to determine that no
investigation of the cause of death is required. If the coroner
determines the remains to be Native American the coroner shall_
contact the native American heritage Commission within 24 hours.
The Native American Heritage Commission shall identify the person or
persons it believes to be the most likely descendent MLD) from the
deceased Native American. The MLD may then make
recommendations to the landowner or the person responsible for the
excavation work, for means of treating or disposing of, with
appropriate dignity, the human remains and associated grave goods
as provided in Public Resources Code Section 5097.98. The
landowner or his authorized representative shall rebury the Native
American human remains and associated grave goods with
appropriate dignity on the property in a location not subject to further
disturbance if: a) the Native American Heritage Commission is unable
to identify a MLD or the MLD failed to make a recommendation within
24 hours after being notified by the commission; b) the descendent
identified fails to make a recommendation; or c) the landowner or his
authorized representative rejects the recommendation of the
descendent, and the mediation by the Native American Heritage
AS 13-31. Final Conditions
4
Commission fails to provide measures acceptable to the landowner.
(TM 05 -01 mitigation CR -2)
19. The project proponent shall implement all applicable recommendations provided by
Terrasearch, Inc. in the Geologic/Geotechnical Investigation for Deer Park 71 Lot
Subdivision West of Rancho Hills Drive (August 2001). The recommendations, as
appropriate, shall be implemented in the design, grading, construction, buildout, and
habitation phases of the project. The recommendations shall be included in the final
improvement plans, subject to review and approval by the City Engineering Division. (TM
05 -01 mitigation GE -1)
20. Any recommendations provided by Terrasearch, Inc. in the Geologic/Geotechnical
Investigation for Deer Park 71 Lot Subdivision West of Rancho Hills Drive (August 2001)
pertaining to habitation or use of the home sites shall be identified in the disclosure
information provided to the homeowner /property owner prior to purchase of the property.
For example, recommendation on page 33 of the report states, "Flower beds or planters
are not recommended adjacent to the building foundations because of the possibility of
irrigation water affecting the foundations or slabs. Should planters be constructed,
vegetation requiring little irrigation should be planted. It is preferred that irrigation adjacent
to the building foundations consist of a drip watering system." The applicant shall prepare
the disclosure package, subject to review and approval by the Planning Division, prior to
the issuance of the first building permit.(TM 05 -01 mitigation GE -2)
21. Prior to approval of building permits, the developer shall incorporate the following fire
mitigation measures into the building plans, subject to review and approval by the Building,
Life and Safety Division:.
a. All homes shall be sprinklered prior to occupancy;
b. Fencing located on lots 6, 7, 8, 10, 29, 30, 31 shall be constructed of non-
combustible material;
c. Lots 1, 2, 3, 4, 5, 9, 10, 29, 30, and 31 shall be evaluated by a professional trained
in urban wildland fuel management, and a recorded document for each lot shall be
prepared detailing how the fuel transition zones be maintained. Recommendations
within the document, which serve to create and maintain fuel transition zones and
detailing management activities to maintain fuel, shall be implemented;
d. Lots 1, 3, and 30 shall include a fire access roadway, to the rear of the lot, which
provides access for wild land fire apparatus;
e. Lots 1, 3, and 30 shall include a fire break around the perimeter of the lot that is a
minimum of 30 feet wide;
f. Homes shall be constructed within 150 feet of the street consistent with Mitigation
Measure BI -11. Any proposed exceptions to this shall be consulted directly with the
Fire Marshal and a qualified biologist for recommendations to eliminate or reduce
impacts to biological resources and fire hazards; and
g. Lots 1, 3, 4, 29, and 30 shall include enlarged spaces for fire defense. The defense
space shall be between 50 and 100 feet, dependent on location. These lots shall
be evaluated individually by the Building, Life and Safety Division for appropriate
defensible space requirements. (TM 05 -01 mitigation HZ -01)
AS 13 -31 Final Conditions
5
22. The following measures shall be incorporated into the project plans to mitigate
construction noise, subject to the review and approval of the City of Gilroy Engineering
and Building divisions: (Modified Gilroy General Plan EIR mitigation measure 4.7 -13):
a. Limit construction activity to weekdays between 7:00 AM and 7:00 PM; and
Saturday between 9:00 AM and 7:00 PM, with no construction on Sundays or City
holidays;
b. Require that all internal combustion engine - driven equipment are equipped with
mufflers that are in good condition and appropriate for the equipment; and
c. Locate stationary noise - generating equipment as far as possible from sensitive
receptors when sensitive receptors adjoin or are near a construction project area.
(TM 05 -01 mitigation NS -1)
23. Applicant shall design and install landscaping and irrigation plans in accordance with the
adopted Consolidated Landscaping Policy and the Landscaping Requirements of the City
Code (Chapter 30, Section 38). As shown on the DeNova Homes project plans dated April
30, 2013 plants shall be planted on both sides of each garage. The applicant shall
landscape the front yards of each home.
24. Cottage style home must have "Optional Exterior Light Fixture" located adjacent to garage.
Window trim on the first floor shall be completely framed with trim color (off white) to add
color variation rather than just the top edge of the window as shown on Plan 5 elevations
dated September 26, 2012.
25. Spanish style home must have iron trim details as shown on Plan 4 front elevations dated
September 26, 2012. Details shall be placed above both of the roof peaks, the entryway
and front side garage. Optional tile shall be standard on this home to provide for
architectural interest.
26. All trash enclosures shall consist of visually solid fences and gates, six (6) feet in height, in
accordance with the adopted City of Gilroy standard trash enclosure design plan, or a
similar design approved by the Planning Director. All trash enclosures shall be located in
accordance with the approved site plan and the Uniform Fire Code. In addition, recycling
areas must be provided within the trash enclosures, in accordance with the following
regulations:
a. Areas for recycling shall be adequate in capacity, number, and distribution to serve
the development project.
b. Dimensions of the recycling area shall accommodate receptacles sufficient to meet
the recycling needs of the development project.
c. An adequate number of bins or containers to allow for the collection and loading of
recyclable materials generated by the development project should be located within
the recycling area.
27. No unobstructed beam of exterior lighting shall be directed outward from the site toward
any residential use or public right -of -way.
28. All backflow devices shall be painted an earth tone color, so that they blend with their
surroundings, and shall be heavily landscaped.
AS 13-31 Final Conditions
G
29. 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.
30. In order to ensure future protection of the hillside, the developer shall place open space
easements, or an acceptable alternative method that ensures preservation of open space,
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.
31. Upon request of the applicant, modifications of the approved plan, which meet the
requirements of the City Code, may be approved by the Planning Director.
32. This architectural and site review approval shall be deemed revoked if the use for which
the approval described herein is changed, unless a transfer of the approval has been
reissued for a new use prior to such revocation.
33. This approval shall be deemed automatically revoked if the requested development
described herein is not established within one (1) year of the date of determination, unless
an extension of time has been granted prior to such automatic revocation.
FIRE DEPARTMENT CONDITIONS
34. The applicant shall ensure that homes have an approved wet standpipe for a fire hose
connection shall be provided to provide for homes that are more than 150 ft from a Public
Fire Hydrant. A water flow test shall be obtained from the nearest hydrant for the purpose
making the proper calculation for system design.
35. Homes shall be provided with residential fire sprinklers conforming to the currently
adopted NFPA 13D. A 2" water meter and 2 "domestic water lateral from the meter to the
home is required. Sprinklering to be inclusive of the garage and crawl spaces greater than
50 square feet with 5ft clearance. Risers shall be in the garage, spare head box shall be
provided, and a horn shall be installed inside the home in addition to the exterior
bell. Patio covers (solid), covered porches and patio rooms shall be provided with fire
sprinkler coverage. When 2 or more side are open, side wall protection from the house is
preferred
36. The applicant shall provide home address numbers clearly visible from the street and
illuminated.
37. The applicant shall ensure that raised decks facing open space shall have the underside
protected by "one- hour - rated" construction or provided with sidewall fire sprinkler coverage
from the home. Future home owners shall be noted of this condition.
AS 13 -31 Final Conditions
38. The applicant shall provide building permit plans which contain Class 'A' Roof materials
and provide "birdstopping" in outer tiles on Spanish Tile / Curved roofing.
39. The applicant shall ensure that tempered glass panes are used on all windows. A
minimum of one tempered pane.
40. Attic vents shall be screened with meshed material and designed to meet Chapter 7A of
the Building Code suitable for very high fire hazard zones. Gabel vents and O'hagen
vents shall be SFM approved devices for very high fire hazard zones.
41. Exterior wall finish shall consist of non - combustible, one hour or equivalent material. No
wood siding, lap or shingle exterior is permitted.
42. Roof eves shall be boxed in with one -hour, non - combustible construction or wood
members shall be 4" nominal dimension. No under -eve venting unless using an SFM
approved device.
43. Prior to the start of combustible construction, native bushes and weeds shall be cleared a
minimum of 30 feet from the structure /pad. All small branches on trees shall be pruned to
a height of 6 feet to remove "ladder fuels."
44. No outdoor wood burning is allowed in pits or fireplaces. Installation of approved gas
fueled burner units is required. Fire pits or fire places shall be a minimum of 10 feet from
open spaces. Chimneys shall have spark arrestors installed.
45. Install and maintain defensible space landscaping. All landscaping within 30 ft of a building
shall be irrigated and shall be approved fire- resistive plants. Trees shall be trimmed at
least 10 feet from chimney outlets, and lower branches trimmed to 6 ft or higher, with dead
branches removed. Landscaping plans shall be submitted to the Fire Marshal for approval
prior to permit final. Obtain listing of prohibited plants prior to landscaping.
46. A fuel transition zone shall be maintained within 100 ft from the home and 100 ft from any
adjacent homes. Prior to final inspection the 1 00f fuel transition zone shall be cleared of
dead brush and debris, trees limbed up and all weeds removed.
47. If landscaping not completed prior to Fire Department building final, a letter shall be
submitted from the property owner to the Fire Marshal's Office recognizing that the hillside
landscape requirements apply and that additional review and permitting is required prior to
installation of landscaping.
ENGINEERING DEPARTMENT CONDITIONS
48. Any damaged curb, gutter, sidewalk, and driveway approaches along project
frontage /limits shall be replaced to meet current City Standards, as applicable, and
conform to adjacent properties.
AS 13-31 Final Conditions
8
49. The project is subject to the City's Sewer, Water, Traffic, and Public Facilities
Development Impact fees. Fees are due at time of building permit.
50. Applicant shall obtain a City of Gilroy encroachment permit for all work in City right -of -way.
51. All storm drain run -off must be pre- treated prior to entrance into public storm drain system.
Pre - treatment measures must be reviewed and approved by the Engineering Division prior
to Final Map and /or Improvement Plan approval in accordance to City Code § 27D. A
storm water control plan is required for hillside homes and for all projects with impervious
surfaces ten thousand (10,000) or more square feet per City Code § 27D.
52. All work is to be done in compliance with the City of Gilroy Specifications Standards and
Design Criteria, and is subject to all laws of this community by reference.
53. The applicant shall provide certification of fire flow test is required prior to building final, 2"
service is required for hillside lots to accommodate fire sprinklers.
AS 13 -31 Final Conditions
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2014 -48 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 8t' day of September, 2014, 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 9h day of September, 2014.
i
Lihawna Freels, MM
City Clerk of the City of Gilroy
(Seal)