Resolution No. 2014-07 | Architectural and Site Review Application (AS 13-27) West Cluster of Hecker Pass | Adopted 05/01/2014RESOLUTION NO. 2014-07
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF GILROY RECOMMENDING APPROVAL OF
ARCHITECTURAL & SITE REVIEW APPLICATION AS 13-
27, FOR 67 SINGLE-FAMILY RESIDENTIAL HOMES
LOCATED WITHIN THE HECKER PASS SPECIFIC PLAN,
WEST RESIDENTIAL CLUSTER, APNS 810-20-015,
GILROY INVESTORS, LP, APPLICANT
WHEREAS, Gilroy Investors, LP submitted an application requesting Architectural &
Site Review for 67 single -family residential homes and associated landscaping and
other public and private improvements; and
WHEREAS, the subject property is located within the Hecker Pass Specific Plan, within
an area identified as the West Residential Cluster; and
WHEREAS, the Planning Commission of the City of Gilroy has considered the
Architectural & Site Review application A S 13 -27 in accordance with the Gilroy Zoning
Ordinance, and other applicable standards and regulations; and
WHEREAS, said Architectural & Site Review application was referred to various public
utility companies, City departments, including the Technical Advisory Committee for
recommendations; and
WHEREAS, the Planning Commission finds the Architectural & Site Review application
conforms to the City's General Plan and elements thereof, including the Hecker Pass
Specific Plan; and
WHEREAS, a final environmental impact report has been certified for the Hecker
Pass Specific Plan, and the proposed development is consistent with that Specific Plan,
therefore, no further environmental analysis is required by the California Environmental
Quality Act; and
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, the following circumstances exist:
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.
3. This project will not require urban services beyond those that are currently
available.
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Page 2
4. This project conforms to the Hecker Pass Specific Plan, which is harmonious and
integrated.
5. 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 than
would generally be required, which includes a four -acre linear park with
a 1.4-acre private neighborhood park, the construction of a 12' multi -modal trail
adjacent to SR 152, as well as landscaping in common areas and front yard
landscaping.
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.
WHEREAS, the Planning Commission finds that 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 subdivision in particular.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Gilroy hereby recommends to the City Council the approval of the Architectural & Site
Review application, subject to the following conditions:
PLANNING DIVISION CONDITIONS
This project shall conform to the plans prepared by Ruggeri- Jensen -Azar, dated
October 9, 2013 and the plans prepared by Bucilla Group Architects dated
December 6, 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 Bucilla Group
Architects, Inc. and stamped "Approved" by the Planning Division.
2. Approval of this Architectural & Site Review is subject to approval of TM 13 -09.
Conditions 3 — 25 of this resolution are also conditions of approval for Tentative Map TM
13-09.
3. No building permit shall be issued in connection with this project if the owner or
developer of such development (i) is not in compliance with the City's Residential
Development Ordinance (City Zoning Ordinance Sections 50.60 et seq.) referred to
as the RDO, any conditions of approval issued in connection with such development,
or other City requirements applicable to such development; or (ii) is in default under
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Page 3
any agreement entered into with the City in connection with such development
pursuant to the RDO. The project must also comply with any condition of exemption
granted from the RDO, including but not limited to time limits in obtaining City
approvals and completion of construction of the dwelling units.
4. All mitigation measures as identified in the EIR are applicable to the project and
must be adhered to and implemented.
5. 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. (Mitigation Monitoring Program)
Substantiation of compliance with this condition shall be submitted to and approved
by the Planning Division prior to issuance of a grading permit for the project.
6. 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 Gilroy Police Department contacts the coroner of
Santa Clara County 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 (MILD) from the deceased Native American. The MILD
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 MILD or the MILD 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 landowner.
Planning Commission Resolution 2014-07
Page 4
7. The project shall comply with all relevant provisions of the Santa Clara Valley
Habitat Conservation Plan.
A Habitat Mitigation Plan shall be required for the loss of any habitat within the Uvas
Creek corridor as a result of the development of the project. Said Plan shall be
prepared by a qualified biologist and identify the exact amount and location of
impacted and replacement habitat. Replacement vegetation shall be locally
obtained native riparian species. Any loss of riparian woodland vegetation should be
mitigated on -site, when possible, at a minimum of 3:1 replacement ratio, unless
otherwise determined by the Department of Fish and Game and the City. The Plan
shall be submitted and approved prior to recordation of the final subdivision map.
Prior to issuance of a grading permit for recreational improvements in or adjacent to
the Uvas Creek riparian corridor, or construction adjacent to grassland habitat, a
qualified biologist shall be retained to inform workers of potential presence of the
special -status species, their protected status, work boundaries, and measure to be
implemented to avoid loss of these species during construction activities. (HPSP
Policies 5-40 & 51).
10. For any recreational improvements proposed in or adjacent to the Uvas Creek
riparian corridor, which contains potential habitat for California tiger salamander,
western spadefoot toad, yellow - legged frog, California red - legged frog, western
pond turtle, steelhead, yellow- breasted chat, and /or yellow warbler, construction
related activities shall be conducted outside of the rainy season. The project
proponent shall retain a qualified biologist to monitor construction activities occurring
within 100 feet of the Uvas Creek riparian corridor. If any special status species are
observed at the site, a qualified biologist shall salvage and relocate individual(s) to
an appropriate area outside of the construction zone. If California red - legged frog, a
federally threatened species, or California tiger salamander, a federally and state -
listed threatened species, are observed at the site, construction activities shall be
halted and the USFWS and /or California Department of Fish and Wildlife shall be
contacted for further assistance HPSP Policy 5 -43). Substantiation of compliance
with this condition shall be submitted to and approved by the Planning Division prior
to issuance of a grading permit.
11. Pre -construction surveys for protected birds shall be conducted for improvements or
development proposed in or adjacent to potential nesting habitat ( I. e., riparian
woodland) if development is proposed during the nesting and /or breeding season of
loggerhead shrike (generally February through June) or raptors (generally March
through August). If any active nests are found within survey area, at the discretion of
the biologist, clearing and construction within 250 feet shall be postponed or halted
until nests are vacated and juveniles have fledged and there is no evidence of a
second attempt at nesting ( HPSP Policy 5 -44). Substantiation of compliance with
this condition shall be submitted to and approved by the Planning Division prior to
issuance of a grading permit.
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Page 5
12. Prior to issuance of a grading permit, 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. (Mitigation Monitoring Program)
13. Prior to issuance of any building permits for the subdivision, the applicant shall enter
into an agreement with the City for the replacement of the eight significant trees that
are to be removed. The agreement shall specify that replacement trees shall be
provided at a ratio of 4 to 1. The species and location of the replacement trees is to
be to the approval of the City.
14.The protected zone of any tree or group of trees to be retained shall be fenced to
prevent injury to the trees during construction. Said fencing shall be done under the
supervision of a certified arborist (HPSP Policy 7 -9). In addition, all conditions
contained in the Tree Survey and Arborist Report for the Hecker Pass Enclave Site
prepared by Live Oak Associates and dated September 23, 2013 shall be
incorporated into project plans. Demonstration of compliance with this condition
shall be submitted to and approved by the Planning Division prior to issuance of a
grading permit for the subdivision.
15. Prior to the issuance of a grading permit for the subdivision, detailed plans
illustrating the means for preserving trees 16, 17, 18 and 19 (identified in the Tree
Survey and Arborist Report for the Hecker Pass Enclave Site prepared by Live Oak
Associates and dated September 23), shall be submitted to and approved by the
Planning Division. Said plans shall also be approved by a certified arborist.
16.The applicant shall contract with an arborist to evaluate the trees along the project
frontage in the Caltrans right -of -way and provide recommendations for pruning and
maintenance. The report shall be submitted to the Planning Department prior to
approval of the final map and any recommendations for pruning shall be
implemented prior to issuance of building permits for any of the homes in the
subdivision. An encroachment permit from Caltrans will be required for any work
within the right -of -way.
17.The project 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 prior to issuance of a grading permit for the subdivision:
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Page 6
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;
i. 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;
I. Suspend excavation and grading activity when winds (instantaneous gusts)
exceed 25 miles per hour; and
Il. Limit the area subject to excavation, grading and other construction activity at
any one time. (Mitigation Monitoring Program)
18.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. (Mitigation Monitoring
Program)
19. Street lights on Grassland Way in the vicinity of the Uvas Creek Linear Park shall be
designed to direct lighting away from the nearby riparian habitat. (HPSP Policy 5-
39)
20. Placement of mailbox structures within the subdivision shall comply with U.S. Postal
Service requirements and shall be subject to the review and approval by the Postal
Service and the City Public Works and Community Development Departments.
Approval shall be required prior to recordation of the final subdivision map. If
modifications to the Architectural and Site Review and/or Tentative Maps are
required, the applicant shall apply for modification to those permits.
21. Prior to recordation of the final map, plans shall be submitted to and approved by the
Public Works and Community Development Departments indicating the material to
be used for retaining walls in the project.
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Page 7
22.The Conditions, Covenants and Restrictions and homeowners association bylaws
for the subdivision shall be submitted to and approved by the Public Works,
Community Development and Fire Departments prior to recordation of the Final
Map. The CC&Rs and By -Laws shall include, but not be limited to, a statement that
the private streets within the subdivision are to remain open and un-gated unless
and until modification to street configuration at the entrances to the subdivision is
approved by the City Planning Commission and installed by the homeowners
association.
23. 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. Proposed language for the disclosure shall be submitted to and approved by
the Planning Division prior to issuance of any building permits for the subdivision.
24.An Integrated Agricultural Management Plan shall be prepared for the agricultural
parcel. The Plan shall be prepared based on recommendations of the Santa Clara
County Department of Agriculture and be submitted to and approved by the Planning
Division prior to recordation of the final map. The Plan shall be recorded against the
agricultural parcel. (HPSP Policy 5-10)
25. The developer shall disclose to every future homebuyer that active farming will occur
on the agricultural lands within the Hecker Pass Specific Plan area. That disclosure
shall include, but not be limited to, the Integrated Agricultural Management Plan
developed for the adjacent agricultural property. Proposed language for the right -to -
farm disclosure shall be submitted to and approved by the Planning Division prior to
issuance of any building permits for the subdivision. (HPSP Policy 5-9 & 11)
26. Prior to issuance of building permits for any lots within the subdivision, revised
architectural plans shall be submitted to and approved by the Planning Division that
include:
a. Revision of Sheet AS-4 to indicate a minimum rear yard setback for the
Larger Lots of 20 feet, the minimum side yard setback for the Smaller Lots of
4 feet and the use of Plan 1 on Lot 46.
b. Revision to the architectural plans to provide additional architectural
enhancement of all side and rear building elevations that face streets within
the subdivision.
c. Revision of the Plans 3 and 4 to include side yard gates on the garage side of
those models.
d. Revision of the building elevations of the houses facing the private street on
Lots 39 and 46 to provide additional architectural enhancements.
27. Prior to issuance of building permits for any lots within the subdivision, detailed
landscape and irrigation plans shall be submitted to and approved by the Planning
Division. The detailed plans shall include, but not be limited to:
a. Revised plant palette for the Non -Irrigated Naturalized Area to be consistent
with the plant material specified in the Specific Plan
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Page 8
b. Revision of the area included within the Linear Park to be consistent with that
area shown in the Specific Plan.
c. Enhanced front yard landscaping of Lots 39 and 46 to include specimen sized
trees and mature shrubbery.
d. Substantiation of compliance with Section 30.38.50 of the City Code, Water
Conservation in Landscaping.
e. Guidelines for the Linear Park that prevent contamination of Uvas Creek and
its associated riparian habitat by pesticides, herbicides, fungicides, and
fertilizers. (HPSP Policy 5-45)
f. Benches and other furniture to be included at the designated Vista Points
along the Uvas Creek Trail.
28. Prior to issuance of building permits for any lots within the subdivision, detailed plans
for fencing of the agricultural area and Class I trails shall be submitted to and
approved by the Public Works and Community Development Departments.
29.All fences shall be constructed in a manner consistent with the requirements of City
Code Section 30.34, Fencing.
PUBLIC WORKS DEPARTMENT CONDITIONS — incorporated into TM 13-09
resolution
POLICE DEPARTMENT CONDITIONS - none
BUILDING DIVISION CONDITIONS
30.The foundation design, based on soils tests, shall be reviewed and approved by the
Community Development Department prior to issuance of building permits.
31. Certification of compaction for each lot shall be required prior to concrete pour.
32. Certification of final grades on each lot shall be required prior to Building Permit final.
33.FIRE DEPARTMENT CONDITIONS
34. All Fire Department conditions shall be included as notes on the cover page of the
construction drawings submitted for building permit.
35. All houses 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).
36.AII 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
Planning Commission Resolution 2014-07
Page 9
c. If the water supply to the home is not at the garage, a check valve shall be
supplied at the location of the tee from the domestic supply, water supply
from point of entry to the riser shall be approved fire sprinkler line.
d. All 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 CPVC piping in attic space shall be provided with adequate
insulation or be done with a copper riser.
h. 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.
I. A pilot head shall be provided in the attic space at each attic access point.
37.Street addresses shall be provided at building permit submittal. 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. 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. For alley facing garages the address number
shall also be provided on the alley side of the structure.
38. Egress Windows shall be provided on all sleeping rooms.
39. 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.
40. Red curbing and signage shall be maintained by the Home Owners Association.
41.A parking enforcement plan shall be implemented by the Homeowners Association.
Planning Commission Resolution 2014-07
Page 10
42. Prior to issuance of building permits for any lots in the subdivision, the applicant
shall submit and receive Planning Division approval of a separate Architectural and Site
Review application that will accomplish the following:
a. Provide at least two separate model plans for both the Large and Mid -range
lots in the subdivision
b. Provide at least one single story plan for either the Large or Mid -range lots
within the subdivision. That single story plan shall be used on at least 6 lots
within the subdivision, and
c. Provide at least three alternative exterior styles for each plan within the
subdivision
d. Ensure that each model plan is used on multiple lots within the subdivision
and that there is not a repetition of plans or exterior styles on adjacent lots.
PASSED AND ADOPTED this 1 st day of May, 2014 by the following roll call vote:
AYES: COMMISSIONERS: Bannister, Fischer, Gullen, Lai, Sanford
NOES: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST:
�V 1�
Susan L. Martin, Secretary
APPROVED: