Resolution 2016-08RESOLUTION NO. 2016-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING A/S 15 -31, AN APPLICATION FOR
ARCHITECTURAL AND SITE APPROVAL FOR THE MESA
ROAD HOMES SUBDIVISION LOCATED AT 5672, 5682, AND
5702 MESA ROAD, SOUTHWEST OF SANTA TERESA
BOULEVARD, APNS 810-62-022,-023, AND -025
WHEREAS, the applicant, Hewell and Sheedy, submitted application A/S 15 -31
requesting architectural and site approval to construct three (3) residential lots ( "the Project ") on
property located at 5672, 5682, and 5702 Mesa Road, APNs 810 -62 -022, -023, and -025; 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 and nine of the twelve (12) lots have been
developed with single - family homes; and
WHEREAS, the Planning Commission held duly noticed public hearing on January 7,
2016, at which time the Planning Commission considered the public testimony, the staff reports
dated January 7, 2016 ( "Staff Report"), and all other documentation related to application A/S
15 -31 (15080042), and recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on February 1, 2016,
and considered the public testimony, the Planning Commission Staff Report, a supplemental staff
report dated February 1, 2016, and all other documentation related to application A/S 15 -31
(15080042), and requested City Staff to prepare a resolution of approval for the Project; and
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.
RESOLUTION NO. 2016 -08
NOW, THEREFORE, BE IT RESOLVED THAT:
SECTION I
Application A/S 15 -31 is hereby approved subject to the conditions of approval set forth
in Exhibit "A" attached hereto and entitled "A/S 15 -31 Mesa Road Homes Final Conditions of
Approval."
PASSED AND ADOPTED this 1" day of February 2016 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
AULMAN, BRACCO, HARNEY, LEROE-
MUNOZ, TUCKER, VELASCO and WOODWARD
NONE
NONE
RESOLUTION NO. 2016 -08
EXHIBIT A
A/S 15 -31 Mesa Road Homes
Final Conditions of Approval
GENERAL PROJECT CONDITIONS
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 Manager, pursuant to the City
Code.
2. 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 approved plans
shall be considered by the Planning Manager, may require separate discretionary
approval and shall conform to City Code requirements or policies adopted by City
Council.
3. Developer means permit applicant, property owner, and /or tenants using the
space(s) for the intended use(s). Compliance with project conditions is expected for
the life of the project.
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 may be considered pursuant
to the City Code.
6. Failure to appeal this decision in a timely manner or commencement of any activity
related to the project is understood to clarify the Developer's acceptance of all
conditions and obligations imposed by this permit and waiving 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
unless otherwise allowed by the Community Development Director.
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,
Exhibit A
A/S 15 -31, Mesa Road Homes Final Conditions of Approval
Page 2
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.
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 between the CC &Rs and the City Code or this permit, the City Code
shall prevail, with the exception that deviations from the City Code specifically
approved under 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 the 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.
PLANNING DIVISION STANDARD CONDITIONS
12. Developer acknowledges that because of water limitations placed on the city by its
water providers, approval of this permit does not guarantee that the city will issue
building permits. Issuance of building permits may be delayed and subject to
implementation and /or compliance with mandated water conservation or allocation
plans.
13. Developer shall submit plans for building permit applications that include all exterior
building materials and colors, including product and finish manufacturer name,
color name and number, and surface finish type (e.g. stucco with sand finish,
plaster with smooth finish) to be used in construction.
14. Prior to issuance of building permits, Developer shall provide to the Planning
Division color photographic reductions (8Y2" x 11 ") of full -size colored elevations
and any other colored exhibit approved by the decision - maker. Developer may
retain the full -size colored exhibits after the reductions are provided.
15. Developer may not modify any use approved by this permit unless the Community
Development Director or designee determines that Developer has provided the
parking required by the City Code for the modified use.
Exhibit A
A/S 15 -31, Mesa Road Homes Final Conditions of Approval
Page 3
1.6. All project on -site lighting shall be of a type and in a location that does not
constitute a hazard to vehicular traffic, either on private property or on public
property, including streets. Such lighting shall not conflict with drainage plans,
landscape plans, tree locations, parking spaces, or any other such land use
concerns.
17. Prior to submittal of landscape and irrigation plans, Developer shall obtain approval
of the Planning Manager or designee of a plan showing on the project property all
existing trees and identifying the trees to be saved, transplanted or removed.
18. Applicant shall design and install landscaping and irrigation plans in accordance
with the adopted Consolidated Landscaping Policy, the Landscaping Requirements
of the City Code (Chapter 30, Section 38), and with the requirements of the State
Model Water Efficient Landscape Ordinance ( MWELO). All required elements of a
Landscape Documentation Package as described in MWELO (reference California
Code of Regulations, Title 23, Division 2, Chapter 2.7) must be provided.
19. Prior to issuance of building permits, Developer shall submit two copies of
landscape and irrigation plans to the Planning Division and obtain approval of such
plans.
20. Prior to issuance of a certificate of occupancy, Developer shall install landscape
and automatic irrigation systems that have been approved by the Planning Division.
The applicant shall provide a certificate verifying that the landscape and irrigation
has been installed in accordance with the approved plans and in compliance with
the State Model Water Efficient Landscape Ordinance ( MWELO). The certificate
shall be provided by a licensed landscape architect or other person authorized in
California to design a landscape, in compliance with MWELO..
21. Developer shall properly maintain landscape planting and all irrigation systems as
required by the City Code and as specified by this permit. Failure of Developer to
do so may result in the revocation of this permit and initiation of legal proceedings
against Developer to ensure compliance.
22. No unobstructed beam of exterior lighting shall be directed outward from the site
toward any residential use or public right -of -way.
23. All backflow devices shall be painted an earth tone color, so that they blend with
their surroundings, and shall be heavily landscaped.
24. All two -car garage areas must have dimensions of twenty feet wide by twenty feet
long, clear of any obstructions, including water heaters, or other mechanical
devices, and door swings. This condition is subject to the review and approval of
the Planning Division prior to building permit issuance.
Exhibit A
A/S 15 -31, Mesa Road Homes Final Conditions of Approval
Page 4
25. The developer shall provide mailbox details prior to building permit issuance. The
mail boxes shall include decorative detailing, subject to Planning Division review
and approval prior to building permit issuance.
26. The developer shall provide details of all walls and fencing proposed for this
project, subject to the review and approval of the Planning Division, prior to building
permit issuance.
PLANNING DIVISION SPECIAL CONDITIONS
27. The developer shall enter into a maintenance agreement to the satisfaction of the
Community Development Director and Public Works Director that provides for the
long -term maintenance of the landscaping in the right -of -way adjacent to Santa
Teresa Boulevard. This agreement shall be executed prior to building permit
issuance.
28. The developer shall provide a disclosure statement to future home owners
disclosing that there will be no parking permitted on the street in front of their
homes. The language of this statement shall be subject to the review and approval
by the Planning Manager prior to building permit issuance.
29. The developer shall submit a fence plan, showing the design and location of all
proposed fencing. This plan shall be subject to the review and approval of the
Planning Manager prior to building permit issuance.
PUBLIC WORKS DEPARTMENT CONDITIONS
30. Developer shall perform all work in compliance with the City of Gilroy Specifications Standards
Design Criteria, and Development Agreement and is subject to all laws of the City of Gilroy by
reference. Street improvements and the design of all off -site storm drainage facilities, sewer and
water lines, and all street sections shall be in accordance with City Standards and shall follow the
most current City Master Plan for streets, as approved by the City of Gilroy's Public Works
Director /City Engineer.
31. Until such time as the Improvements are accepted by City, Developer shall be responsible for
and bear the risk of loss to any of the Improvements constructed or installed.
32. FEES: The project is subject to the City's Street Tree, Storm, Sewer, Water, Traffic, and Public
Facilities Development Impact Fees. Payment of Street Tree and Storm Development Impact
Fees is required at first building permit issuance. Sewer, Water, Traffic, and Public Facilities
Development Impact Fees are due prior to building occupancy. Note that there will be a fee
increase beginning 7/1/2016.
Exhibit A
A/S 15 -31, Mesa Road Homes Final Conditions of Approval
Page 5
The fees shall be based on the current comprehensive fee schedule in effect at the time of fee
payment, consistent with city policy.
33. Developer shall design driveway grades to keep the automobile from dragging or "bottoming out"
on the street or driveway and to keep water collected in the street from the flowing onto the lots.
The details of such design shall be provided at improvement plan phase and shall be to the
satisfaction of the City Transportation Engineer.
34. Any work in the public right -of -way may 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 in the Improvement
Plans and shall be approved prior to grading permit issuance.
35. All grading activity shall address National Pollutant Discharge Elimination System (NPDES)
concerns. If all or part of the construction occurs during the rainy season, the developer shall
submit an Erosion Control Plan to the Public Works Director for review and approval. This plan
shall incorporate erosion control devices and other techniques in accordance with Municipal
Code § 27C to minimize erosion. Specific measures to control sediment runoff, construction
pollution and other potential construction contamination sediment runoff, construction pollution
and other potential construction contamination shall be addressed through the Erosion Control
Plan and Storm Water Pollution Prevention Plan ( SWPPP). The SWPPP shall supplement the
Erosion Control Plan and project improvement plans. These documents shall also be kept on-
site while the project is under construction. A Notice of Intent (NOI) shall be filed with the State
Water Resources Control Board, with a copy provided to the Engineering Division before a
grading permit will be issued. WDID# shall be provided prior to Improvement Plan /Final Map
approval.
36. All grading operations and soil compaction activities shall be per the approved project's
geotechnical report that was prepared for the design of the project and shall be subject to the
approval of the Public Works Director. Site preparation and cut/fill construction shall be
conducted under the observation of, and tested by, a licensed soils or geotechnical engineer. A
report shall be filed with the City of Gilroy for each phase of construction, stating that all site
preparation and cut/fill construction were performed in conformance with the requirements of the
project's geotechnical report. This shall be subject to review and approval by the Engineering
Division. The developer shall add this condition to the general notes on the grading plan.
37. Prior to issuance of the first building permit, the applicant's soils engineer shall review the final
grading and drainage plans to ensure that designs for foundations, retaining walls, site grading,
and site drainage are in accordance with their recommendations and the peer review comments.
The applicant's soils engineer's approval shall then be conveyed to the City either by letter or by
signing the plans.
38. WATER CONSERVATION: The project shall fully comply with the measures required by the
City's Water Supply Shortage Regulations Ordinance (Gilroy City Code, Chapter 27, Article VI),
and subsequent amendments to meet the requirements imposed by the State of California's
Water Board. This ordinance established permanent voluntary water saving measures and
temporary conservation standards.
Exhibit A
A/S 15 -31, Mesa Road Homes Final Conditions of Approval
Page 6
a. All construction water from fire hydrants shall be metered and billed at the current hydrant meter
rate.
b. Recycled water shall be used for construction water, where available, as determined by the
Public Works Director. Recycled water shall be billed at the municipal industrial rate based on
the current Santa Clara Valley Water District's municipal industrial rate.
c. Where recycled water is not available, as determined by the Public Works Director, potable
water shall be used. All City potable water will be billed based on the City's comprehensive fee
schedule under the Portable Fire hydrant meter rate.
39. WATER: The Developer shall perform field verification testing of the water system and will
modify any part of the systems that does not perform to the standards established by the City..
40. NOTICING: At least one week prior to commencement of work, the Developer shall post at the
site and mail to owners of property within three hundred feet (300') of the exterior boundary of
the project site, to the homeowner associations of nearby residential projects and to the
Engineering Division, a notice that construction work will commence on or around the stated
date. The notice shall include a list of contact persons with name, title, phone number and area
of responsibility. The person responsible for maintaining the list shall be included. The list shall
be current at all times and shall consist of persons with authority to initiate corrective action in
their area of responsibility. The names of individuals responsible for dust, noise and litter control
shall be expressly identified in the notice.
41. START OF CONTRUCTION: The City shall be notified at least two (2) working days prior to the
start of any construction work and at that time the contractor shall provide a project schedule and
a 24 -hour emergency telephone number list.
42. WORKING HOURS: Construction activity shall be restricted to the period between 7:00 a.m. to
7:00 p.m. Mondays through Fridays, Saturday 9:00 a.m. to 7:00 p.m. for general construction
activity. No work shall be done on Sundays and City Holidays. The Public Works Director will
apply additional construction period restrictions, as necessary, to accommodate standard
commute traffic along arterial roadways and along school commute routes.
43. WORK INSPECTION: All work shown on the improvement plans shall be inspected.
Uninspected work shall be removed as deemed appropriate by the Public Works Director.
44. HAUL PERMIT: If the project has excess fill or cut that will be off - hauled to a site or on- hauled
from a site within the city limits of Gilroy, an additional permit is required. This statement must be
added as a general note to the Grading and Drainage Plan.
45. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so that paving
and building construction begin as soon as possible after completion of grading, and by
landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in
use at the construction site. All portions of the site subject to blowing dust shall be watered as
often as deemed necessary by the City, or a minimum of three times daily, or apply (non- toxic)
soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction
Exhibit A
A/S 15 -31, Mesa Road Homes Final Conditions of Approval
Page 7
sites in order to insure proper control of blowing dust for the duration of the project. Watering on
public streets shall not occur. Streets will be cleaned by street sweepers or by hand as often as
deemed necessary by the Public Works Director, or at least once a day. Watering associated
with on -site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and
shall include at least one late - aftemoon watering to minimize the effects of blowing dust. All
public streets soiled or littered due to this construction activity shall be cleaned and swept on a
daily basis during the workweek to the satisfaction of the Public Works Director. Demolition or
earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH.
All trucks hauling soil, sand, or other loose debris shall be covered.
46. CONSTRUCTION STREET PARKING: No vehicle having a manufacturer's rated gross vehicle
weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a
street which abuts property in a residential zone without prior approval from the Public Works
Director (§ 15.40.070).
47. STREET MAINTENANCE: It is the responsibility of the contractor to make sure that all dirt
tracked into the public right -of -way is cleaned up on a daily basis. Mud, silt, concrete and other
construction debris shall not be washed into the City's storm drains.
48. RESTORATION OF PUBLIC IMPROVEMENTS: The developer shall repair or replace all
existing improvements not designated for removal that are damaged or removed because of
developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks,
driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc.
shall be repaired and replaced to a condition equal to or better than the original condition.
Existing improvement to be repaired or replaced shall be at the direction of the Engineering
Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer
shall request a walk- through with the Engineering Construction Inspector before the start of
construction to verify existing conditions.
49. ACCEPTANCE OF IMPROVEMENTS: Until such time as all improvements required are fully
completed and accepted by City, Developer will be responsible for the care maintenance of and
any damage to such improvements. City shall not, nor shall any officer or employee thereof, be
liable or responsible for any accident, loss or damage, regardless of cause, happening or
occurring to the work or Improvements required for this project prior to the completion and
acceptance of the work or Improvements. All such risks shall be the responsibility of and are
hereby assumed by the Developer.
50. Prior to building permit issuance, the developer shall revise the slope on lot 9, such that there is
no more than a two -foot grade difference between the north and south sides of the lot. This
condition shall be subject to the review and approval of the Public Works Director.
FIRE MARSHAL CONDITIONS
51. 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). This condition is subject to the
review and approval of the Fire Marshal prior to building final.
Exhibit A
A/S 15 -31, Mesa Road Homes Final Conditions of Approval
Page 8
52. All residential structures shall be provided with residential fire sprinklers including
detached garages. City standards include
a) A 1 inch meter and 1.5 inch laterals shall be provided to each SFR.
b) System to comply with NFPA 13D (2013) subject to inspection by the City.
c) Riser shall be installed in the garage unless alternate approved by the Fire
Marshal
d) 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 line.
e) All enclosed garages shall be provided with sprinkler protection.
f) At least 1 sprinkler of each type shall be present in the spare head box at final.
g) 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 .
h) Each attic access shall be protected by a pilot head. The pilot head piping
(CPVC) shall be provided with adequate insulation or be done with a copper
riser.
i) Sprinkler coverage shall be provided underneath stairwells when used as
storage, closets or bathrooms (even if less than 55 sq ft). Concealed spaces
used for storage in attics or crawl spaces that exceed 55 sq ft in area and 6 ft in
height, shall be provided with sprinkler coverage.
This condition is subject to the review and approval of the Fire Marshal prior to
building final.
53. An address shall be provided at building permit submittal. Building /House numbers
shall be clearly visible from the street. Addressing shall be from the street that the
front door faces and shall be visible from that 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..
54. The developer shall install "NO PARKING - -FIRE LANE" signs along Mesa Road
and shall paint the curbs red. This condition is subject to the review and approval
of the Fire Marshal prior to building final.
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2016 -08 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 February, 2016 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 1 st ,4y of February, 2016.
Samna Freels, MW4C u
City Clerk of the City of Gilroy
(Seal)