Resolution No. 2021-08 | Architectural and Site Review 20-20 Allow Construction of the Cottages at Kern APN 790-17-002 & 003 | Adopted 08/05/2021RESOLUTION NO. 2021-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY RECOMMENDING TO THE CITY COUNCIL APPROVAL OF
ARCHITECTURAL AND SITE REVIEW AS 20-20, A PLANNED UNIT
DEVELOPMENT ARCHITECTURAL AND SITE REVIEW TO ALLOW
CONSTRUCTION OF THE COTTAGES AT KERN RESIDENTIAL PROJECT
LOCATED AT 9130/9160 KERN AVENUES (ASSESSOR'S PARCEL
NUMBER 790-17-002/003. FILED BY D.R. HORTON 6883 OWENS DR.
PLEASANTON, CA 94588.
WHEREAS, on October 29, 2020, applications submitted by D.R. Horton including
Architectural and Site Review (AS 20-20) to approve the architectural and site design of the
Cottages at Kern residential project were deemed complete; and
WHEREAS, the Planning Commission of the City of Gilroy has considered the
Architectural and Site Review request, AS 20-20, together with concurrent entitlements for
a PUD rezoning Z 20-06 and TM 20-06, in accordance with the Gilroy Zoning Ordinance,
and other applicable standards; and
WHEREAS, an Initial Study/Negative Declaration (SCH #2021060179), was
prepared for the project in full accordance with the procedural and substantive
requirements of the California Environmental Quality Act (CEQA); and
WHEREAS, on August 05, 2021, the Planning Commission held a duly noticed
public hearing on the proposed Negative Declaration together with the project applications,
at which public hearing the Commission considered the proposed project, staff report as
well as all evidence received including written and oral public testimony related to the
project AS 20-20; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which the project approval is based is the
Community Development Department, Planning Division; and
WHEREAS, the Planning Commission of the City of Gilroy has determined that the
proposed project design complies with all required findings for approval of an AS/PUD,
presented below:
A. The proposed development/use is permitted in conformance with the Gilroy
Zoning Ordinance and other adopted policies of the City of Gilroy, given that the
lot pattern, density and design comply with the proposed R3 PUD zoning and
City Engineering standards.
B. The proposed development/use would be consistent with all applicable goals and
policies of the Gilroy General Plan given that the is located in an area that is
designated for residential development and the proposal meets the desired
density range and is in conformance with development standards.
C. The proposed development/use would not impair the integrity and character of
the area surrounding and in the vicinity of the subject property, given that the
small lot detached residential units that would be in keeping with the
neighborhood character.
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D. The subject site would be served by streets and highways adequate in width and
structure to carry the kind and quantity of traffic such use will generate given that
Kern Ave. is an improved collector street designed for the proposed volume of
traffic.
E. The subject site would be provided with adequate sewerage, water, fire
protection and storm drainage facilities given that, public utilities and
infrastructure improvements needed to serve the proposed project are available
and adjacent to the site.
F. The proposed development/use will not adversely affect or be materially
detrimental to the adjacent uses, buildings or structure or to the public health,
safety or general welfare, given that the project shall be designed to comply with
all fire, building, police and engineering requirements established protection and
preservation of public health, safety welfare.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Gilroy hereby recommends to the City Council the approval of AS 20-20, subject to the
following conditions:
CONDITIONS OF APPROVAL
AS 20-20
PLANNING CONDITIONS
The following GENERAL conditions authorize specific terms of the project
ENTITLEMENT(S).
1. APPROVED PROJECT: The approval for AS 20-20 is granted to construct 29
Single family homes consistent with the properties PUD approval and consisting
of three floor plans, ranging from 1,544 square feet-1,917 square feet and
attached 2-car garage, three (3) architectural styles (Farmhouse, Traditional and
Spanish), front yard landscaping on all lots, 0.12 acres of landscaped open space
with play structure, site entry enhanced with masonry wall and decorative pavers
located on Assessor Parcel No. 790-17-002/003,as shown on Project Plans dated
as received by the Planning Division on October 23, 2020, prepared by Ruggeri -
Jensen -Azar (RJA) , dated October 22, 2020, and consisting of seven (7) sheets.
Build -out of the project shall conform to the plans, except as otherwise specified in
these conditions. Any future adjustment or modification to the plans, including any
changes made at time of building permit submittal, shall be considered by the
Community Development Director or designee, may require separate
discretionary approval, and shall conform to all City, State, and Federal
requirements, including subsequent City Code requirements or policies adopted
by City Council.
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2. PERMIT EXPIRATION: The expiration date of this approval is one year from the
date of recordation of the Final Map for TM 20-06. Building permits must be
obtained for the project within one (1) year from that date, and may occur within
the Phasing Plan timeframes. Otherwise this approval shall expire unless a timely
extension has been obtained. Upon application, an extension of time may be
granted by the Community Development Director or designee. 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.
3. RELATED ENTITLEMENTS: This permit is subject to the findings conditions of
approval, and mitigation measures of Z 20-06 and TM 20-06 (i.e. related and/or
concurrent entitlement requests). If the zoning amendment is not adopted or the
tentative map application expires, this approval shall be null and void.
4. COMPLIANCE WITH CONDITIONS: 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 or enforcement actions pursuant to the City Code. All
costs associated with any such actions shall be the responsibility of Developer,
owner or tenant.
5. INDEMNIFICATION: Developer agrees, as a condition of permit approval, at
Developer's own expense, to defend, indemnify, and hold harmless the City of
Gilroy ("the City") and its officers, contractors, consultants, attorneys, employees
and agents from any and all claim(s), action(s) or proceeding(s) brought against
the 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.
6. SIGNAGE: All signage advertising the development project or components
thereof, including individual tenants or subdivisions, shall be installed or
maintained onsite or offsite as allowed and in conformance with an approved sign
permit.
7. WATER LIMITATIONS: Developer shall be advised that the approval is subject to
the drought emergencies provisions pursuant to the Gilroy City Code Chapter
27.98.
8. MULTI -PHASE DEVELOPMENT: Construction of the project may be done in
multiple phases, to be completed within approximately 25 months, as described
below, and shown in the approved plan set. The construction phases are not
separate and may overlap. The phases generally as follows:
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a. Phase 1 — Construction of 2 model homes and parking area adjacent to
homes.
b. Phase 2 — Construction of 12 homes, private roadway, and common area
parcel.
c. Phase 3 — Construction of 12 homes including all lots on Kern Ave.
d. Phase 4 — Construction of 3 final homes and all remaining site
improvements.
The following conditions shall be addressed prior to issuance of any BUILDING
PERMIT, GRADING PERMIT or IMPROVEMENT PLAN, whichever is first issued, or
as otherwise specified in the condition.
9. CONDITIONS OF APPROVAL: Developer shall include a plan sheet(s) that
includes a reproduction of all conditions of approval of this permit, as adopted by
the decision -maker.
10. CERTIFICATION OF BUILDING PERMIT PLANS: The project architect shall
certify in writing that the architectural design shown in the building permit plans
match the plans approved by the Community Development Director or
designee/Planning Commission/City Council. Any changes must be clearly noted.
The project architect shall also certify that the structural plans are consistent with
the architectural plans. In the event of a discrepancy between the structural plans
and the architectural plans, the architectural plans shall take precedence, and
revised structural drawings shall be submitted to the Building Division.
11. COLORS AND MATERIALS: Plans submitted for building permit applications
shall 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.
12. SUBSEQUENT ENTITLEMENTS: Developer shall obtain necessary permits prior
to initiating any new construction or modifications authorized under this approval,
including but not limited to temporary construction trailers, temporary staging
areas, model home sales offices, advertising signs of any kind, exterior and
interior modifications. Developer shall pay all requisite fees in effect at the time of
plan submittal and/or issuance, as applicable.
13. PUBLIC ART: Prior to issuance of building permits, submit a process, timetable,
and evidence of commitment acceptable to the City to ensure installation of a
suitable, significant piece of public -oriented sculpture or similar public art
installation prior to occupancy. This shall include involving the Community
Development Director or designee in reviewing preliminary concepts, artist, and
type of work. All public art must be reviewed and approved by the City of Gilroy
Arts and Culture Commission and approved for installation with first phase of
construction.
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14. HABITAT PERMIT: Concurrent with or prior to an application for a grading permit,
Developer shall submit a Habitat Permit application to the City of Gilroy. The
application shall consist of the application processing fee, Santa Clara Valley
Habitat Plan Application For Private Projects and Fees and Conditions Worksheet
(available on the Santa Clara Valley Habitat Agency website: https://www.scv-
habitatagency.org/). The grading permit will be issued only after approval of the
Habitat Plan permit and payment of assessed fees.
15. PAYMENT OF FEES: Developer shall pay all required development impact fees
prior to issuance of permits. This includes required park in lieu fees, school fees,
traffic impact fees, etc.
16. GARAGE DOORS: Developer shall provide automatic garage door openers for all
garages. All garage entries shall be equipped with a sectional roll -up garage door.
17. FENCES AND WALLS: All fencing and walls are to be shown on construction
drawings submitted for building permit review and shall not exceed six (6) feet in
height, measured from adjacent grade to the top of the fence or wall. The design
and location must comply with all setback requirements.
18. REFUSE STORAGE: Developer shall show on construction documents a
minimum 9-foot by 3-foot level concrete pad for storage of three refuse containers
in the side yard area or other location approved by the Community Development
Director or designee that is out of view from the street. The storage location shall
not be within the garage. Developer shall also provide for a paved path from the
storage location to the pick-up area (typically the street) that does not require
entering the garage. All gates or doors along the path shall be constructed with a
minimum clear space of 36-inches to allow passage of the containers.
19. RAIN GUTTERS AND DOWNSPOUTS: Developer shall install all roof and
building rain gutters and downspouts, vents, and flashing to integrate as closely
as possible with building design elements, including matching the color of the
adjacent surface.
20. LANDSCAPE MULCH: As part of the Landscape Plan submittal, Developer shall
clarify a minimum three (3) inch layer of mulch to be applied on all exposed soil
surfaces, as required by the State Model Water Efficient Landscape Ordinance
(MWELO).
21. INVASIVE PLANT SPECIES: Developer shall not include any invasive plant
species, such as those listed by the California Invasive Plant Council.
22. LANDSCAPE DOCUMENTATION PACKAGE: Prior to issuance of building
permits or initiation of the proposed use, whichever comes first, Developer shall
submit a completed Landscape Documentation Package, including a soil
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analysis/management report along with appropriate application review fees, to the
Community Development Department, including required documentation for
compliance verification, and obtain approval of such plans.
23. IRRIGATION SENSORS: Prior to issuance of building permits, developer shall
(as part of the irrigation system) indicate on construction drawings sensors that
suspend or alter irrigation operation during unfavorable weather conditions (e.g.
automatic rain shut-off devices).
24. PRECONSTRUCTION NESTING BIRD SURVEY: To the extent practicable,
vegetation removal and construction activities shall be performed from September
1 through January 31 to avoid the general nesting period for birds. If construction
or vegetation removal cannot be performed during this period, preconstruction
surveys will be performed no more than two days prior to construction activities to
locate any active nests as follows:
"The Developer shall be responsible for the retention of a qualified biologist to
conduct a survey of the project site and surrounding 500' for active nests —
with particular emphasis on nests of migratory birds — if construction
(including site preparation) will begin during the bird nesting season, from
February 1 through August 31. If active nests are observed on either the
project site or the surrounding area, the project applicant, in coordination with
the appropriate City staff, shall establish no -disturbance buffer zones around
the nests, with the size to be determined in consultation with the California
Department of Fish and Wildlife (usually 100' for perching birds and 300' for
raptors). The no -disturbance buffer will remain in place until the biologist
determines the nest is no longer active or the nesting season ends. If
construction ceases for two days or more and then resumes during the
nesting season, an additional survey will be necessary to avoid impacts on
active bird nests that may be present."
25. DOCUMENTATION OF HISTORIC RESOURCE: Prior to issuance of building
permit for any work being done on the historic structure, the applicant shall
provide the following documentation:
a. Two copies of each historical assessment, if applicable; and
b. Two complete sets of photographs of the existing property (including the
immediate neighborhood to establish context), the site (including any non -
historic structures), all exterior elevations and features, and all interior
spaces and features. The applicant shall utilize a 35-mm camera with black
and white film only. The photographs shall be printed on fiber paper, and all
negatives and prints must meet the Historic American Building Survey
(HABS) Photographic Standards for archival processing.
The following conditions shall be met prior to RELEASE OF UTILITIES, FINAL
INSPECTION, or ISSUANCE OF A CERTIFICATE OF OCCUPANCY, whichever
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occurs first, or as otherwise specified in the condition.
26. ON- AND OFF -SITE IMPROVEMENTS: Prior to occupancy, Developer shall
complete all required offsite and onsite improvements related to the project,
including structures, paving, and landscaping, unless otherwise allowed by the
Community Development Director, or stated in these conditions.
27. LANDSCAPE AND IRRIGATION INSTALLATION: Prior to issuance of certificate
of occupancy or building permit final sign -off, Developer shall complete installation
of all landscaping and irrigation in accordance with the approved plans.
28. LANDSCAPE CERTIFICATE OF COMPLETION: Prior to occupancy or initiation
of the proposed use, or completion of each build -out phase of development,
Developer shall submit a signed Certificate of Completion, along with all
necessary supporting documentation and payment to the Community
Development Department, for compliance verification of the landscape installation.
Developer is required under the Model Water Efficient Landscape Ordinance
(MWELO) to provide a copy of the approved Certificate of Completion to the
property owner or his or her designee.
29. PLANNING INSPECTION: Inspection(s) by the Planning Division may be required
for the foundation, framing, application of exterior materials, and final completion
of each structure to ensure that the construction matches the approved plans.
30. SITE CLEAN-UP: Prior to issuance of a certificate of occupancy, Developer shall
remove all construction materials, debris, and vehicles from the subject property.
31. MITIGATION CERTIFICATION — Prior to occupancy of any structure or
establishment of any use, the [TYPE OF CONSULTANT, I.E. ENVIRONMENTAL,
BIOLOGICAL, NOISE, AIR QUALITY, HISTORIC, ETC.], consultant, [NAME OF
CONSULTANT], shall inspect the site and shall certify, in writing, that all mitigation
measures listed in their [TYPE OF REPORT] reports have been correctly
implemented.
32. PLANNED UNIT DEVELOPMENT AMENITIES: In compliance with the Planned
Unit Development Combining District (City Code 30.26), the Developer is required
to provide a higher standard of amenities than a standard development. The
Developer has proposed to provide an enhanced project entry with a precast
masonry wall and decorative pavement; areas set aside to incorporate public art;
variation in architecture styles, elevations and exterior materials; extensive
landscaping throughout the development; 0.12 acres of common/open space
including "tot -lot", two benches and picknick area. Final details of the amenities
must be reviewed and approved during building permit review and completed prior
to occupancy of the first unit.
The following conditions shall be complied with AT ALL TIMES DURING THE
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CONSTRUCTION PHASE OF THE PROJECT, or as otherwise specified in the
condition.
33. CONSTRUCTION RELATED NOISE: To minimize potential construction -related
impacts to noise, Developer shall include the following language on any grading,
site work, and construction plans issued for the subject site
"During earth -moving, grading, and construction activities, Developer shall
implement the following measures at the construction site:
a. Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m.,
and on Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is
prohibited on Sundays and City -observed holidays;
b. Locate stationary noise -generating equipment as far as possible from
sensitive receptors when sensitive receptors adjoin or are near a
construction project area;
c. Construct sound walls or other noise reduction measures prior to
developing the project site;
d. Equip all internal combustion engine driven equipment with intake and
exhaust mufflers that are in good condition and appropriate for the
equipment;
e. Prohibit all unnecessary idling of internal combustion engines;
f. Utilize "quiet" models of air compressors and other stationary noise sources
where technology exists; and
g. Designate a "disturbance coordinator' who would be responsible for
responding to any complaints about construction noise. The disturbance
coordinator will determine the cause of the noise complaint (e.g. bad
muffler, etc.) and will require that reasonable measures be implemented to
correct the problem."
34. CONSTRUCTION RELATED AIR QUALITY: To minimize potential construction -
related impacts to air quality, Developer shall require all construction contractors
to implement the basic construction mitigation measures recommended by the
Bay Area Air Quality Management District (BAAQMD) and shall include the
following language on any grading, site work, and construction plans issued for
the project site
"During earth -moving, grading, and construction activities, Developer shall
implement the following basic control measures at the construction site:
a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded
areas, and unpaved access roads) shall be watered two times per day;
b. All haul trucks transporting soil, sand, or other loose material onsite or
offsite shall be covered;
c. All visible mud or dirt tracked out onto adjacent public roads shall be
removed using wet power vacuum street sweepers at least once per day.
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The use of dry power sweeping is prohibited;
d. All vehicle speeds on unpaved roads or pathways shall be limited to 15
miles per hour;
e. All roadways, driveways, and sidewalks to be paved shall be completed as
soon as possible. Building pads shall be laid as soon as possible after
grading unless seeding or soil binders are used;
f. Idling times shall be minimized either by shutting equipment off when not in
use or reducing the maximum idling time to 5 minutes (as required by the
California airborne toxics control measure Title 13, Section 2485 of
California Code of Regulations [CCR]). Clear signage shall be provided for
construction workers at all access points;
g. All construction equipment shall be maintained and properly tuned in
accordance with manufacturer's specifications. All equipment shall be
checked by a certified visible emissions evaluator; and
h. Post a publicly visible sign with the telephone number and person to
contact at the lead agency regarding dust complaints. This person shall
respond and take corrective action within 48 hours. The Air District's phone
number shall also be visible to ensure compliance with applicable
regulations."
35. DISCOVERY OF CONTAMINATED SOILS: If contaminated soils are discovered,
the Developer will ensure the contractor employs engineering controls and Best
Management Practices (BMPs) to minimize human exposure to potential
contaminants. Engineering controls and construction BMPs will include, but not be
limited to, the following:
a. Contractor employees working on -site will be certified in OSHA's 40-hour
Hazardous Waste Operations and Emergency Response (HAZWOPER)
training;
b. Contractor will stockpile soil during development activities to allow for
proper characterization and evaluation of disposal options;
c. Contractor will monitor area around construction site for fugitive vapor
emissions with appropriate filed screening instrumentation;
d. Contractor will water/mist soil as it is being excavated and loaded onto
transportation trucks;
e. Contractor will place any stockpiled soil in areas shielded from prevailing
winds; and
f. Contractor will cover the bottom of excavated areas with sheeting when
work is not being performed.
36. DISCOVERY OF PALEONTOLOGICAL RESOURCES: In the event that a fossil
is discovered during construction of the project, excavations within 50' of the find
shall be temporarily halted or delayed until the discovery is examined by a
qualified paleontologist, in accordance with the Society of Vertebrate Paleontology
standards. The City shall include a standard inadvertent discovery clause in every
construction contract to inform contractors of this requirement. If the find is
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determined to be significant and if avoidance is not feasible, the paleontologist
shall design and carry out a data recovery plan consistent with the Society of
Vertebrate Paleontology standards.
37. DISCOVERY OF ARCHAEOLOGICAL RESOURCES: In the event of an
accidental discovery of archaeological resources during grading or construction
activities, Developer shall include the following language on any grading, site
work, and construction plans issued for the project site:
"If archaeological or cultural resources are discovered during earth -moving,
grading, or construction activities, all work shall be halted within at least 50
meters (165 feet) of the find and the area shall be staked off immediately.
The monitoring professional archaeologist, if one is onsite, shall be notified
and evaluate the find. If a monitoring professional archaeologist is not
onsite, the City shall be notified immediately and a qualified professional
archaeologist shall be retained (at Developer's expense) to evaluate the
find and report to the City. If the find is determined to be significant,
appropriate mitigation measures shall be formulated by the professional
archaeologist and implemented by the responsible party."
38. DISCOVERY OF HUMAN REMAINS: In the event of an accidental discovery or
recognition of any human remains, Developer shall include the following language
in all grading, site work, and construction plans:
"If human remains are found during earth -moving, grading, or construction
activities, 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 Commission fails to provide measures acceptable to the
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landowner."
The following conditions shall be complied with AT ALL TIMES that the use
permitted by this entitlement occupies the premises.
39. ADDITIONS, ACCESSORY BUILDINGS, AND PATIO COVERS: Building
additions and patio covers shall conform to the zoning district or PUD approval, as
applicable.
40. GARAGE USE: Garages shall be used for resident parking only. Storage is
permitted so long as it does not prevent use of garage for required vehicle
parking. The use and availability of garage spaces for parking shall be specified in
the project CC&R's.
41. LANDSCAPE MAINTENANCE: For the life of the project, Developer shall
maintain landscaping and irrigation in accordance with the approved plans, except
as otherwise permitted or required by law. Significant changes to the number,
placement, and selection of plant species may require a modification to this
approval, to be determined by the Community Development Director or designee.
PASSED AND ADOPTED this 5th day of August, 2021 by the following roll call vote:
AYES: COMMISSIONERS: Lewis, Ridley, Fischer and Moreno
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: Bhandal, Doyle
ATTEST: APPROVED:
Tom Fischer (Jan 20, 2022 11:08 PST)
Karen L. Garner, Director Tom Fischer, Chairperson