Resolution No. 2014-12 | Architectural and Site Review (AS 13-31) Single Family Residential Homes | Adopted 08/07/2014RESOLUTION NO. 2014 -12
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF GILROY RECOMMENDING APPROVAL OF
ARCHITECTURAL & SITE REVIEW APPLICATION AS 13-
31, FOR 2 SINGLE - FAMILY RESIDENTIAL HOMES
LOCATED WITHIN THE LADERA VISTA/RANCHO HILLS/DEER PARK PROJECT,
APNS 783-75-002,
DENOVA HOMES, APPLICANT
WHEREAS, De Nova Homes, submitted an application requesting Architectural &
Site Review for 2 single-family residential homes and associated landscaping
improvements; and
WHEREAS, the subject property is located within the Ladera Vista/Deer
Park/Rancho Hills project; and
WHEREAS, the Planning Commission of the City of Gilroy has considered the
Architectural & Site Review application AS 13 - 31 in accordance with the Gilroy Zoning
Ordinance, and other applicable standards and regulations; and
WHEREAS, said Architectural & Site Review application was referred to 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; and
WHEREAS, 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:
A. As proposed, the proposed development/use is permitted is in conformance with the
Gilroy Zoning Ordinance and other adopted policies of the City of Gilroy.
B. The proposed development/use would be consistent with all applicable goals and
policies of the Gilroy General Plan.
C. The proposed development/use would not impair the integrity and character of the
area surrounding and in the vicinity of the subject property.
D. The subject site is served by streets and highways adequate in width and structure
to carry the kind and quantity of traffic such use will generate.
E. The subject site would be provided with adequate sewerage, water, fire protection
and storm drainage facilities.
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 COMMISSION ADDED CONDITION
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.
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 it's 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 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 II 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 fire fighting 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 BI-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
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descendent, and the mediation by the Native American Heritage
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
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Division for appropriate defensible space requirements. (TM 05-01 mitigation
HZ-01)
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.
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 fi
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 notified of this
condition.
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 100ft 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.
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 Municipal 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 Municipal 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.
PASSED AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF
GILROY, this 7th day of August, 2014, by the following vote:
YES: (Bannister, Rodriguez, Gullen, Kloecker, Kai, Sanford, Fischer)
NO: None
ABSTAIN: None
ABSENT: None
ATTEST:
APPROVED:
CCU Y 1 I`��—• � <
Susan L. Martin, Secretary Thomas Fischer,
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