Resolution No. 2018-12 | Architectural and Site Review (AS 17-14) To Allow Construction of the 9-Lot Heartland Triangle Residential Project | Adopted 06/07/2018Resolution No. 2018-12
Page 11
are greater than 50 square feet may also be considered bedrooms if attached to a
dwelling unit. (FP, FP-9)
PASSED AND ADOPTED this 7t' day of June 2018 by the following roll call vote:
AYES: Ashford, Estorga, Armendariz, Scheel, Fischer
NOES:
RECUSAL: Kim
ABSENT: Rodriguez
ATTEST:
5- - &�-
Susan L. O'Strander, Secretary
APPROVED:
Resolution No. 2018-12
Page 10
k. Detached second units shall have a separate water lateral not less than 1.5
inches cpvc and provided with a separate water meter or as a separate line
from the main water lateral prior to the existing structure. Second units shall
not be provided with water service from the main residence.
47. Building / House numbers shall be clearly visible from the street:
a. For Single family homes, 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.
(FP, FP-4)
48. 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. (FP, FP-5)
49. For gated communities (proposed plan does not show to be gated at this time), or
gated EVA's or gates to more than two homes: Gates shall be electronically operated
using the "Click to Open" TM system. A building permit shall be obtained for the gate
installation. The gate shall also have Police and Fire KNOX key over -ride. The gate
shall also be recessed from the roadway and a visitor turn out provided. (FP, FP-6)
50. Submitted plans show proper signage and striping. When streets are less than 36' in
width parking restrictions as indicated below apply: For streets less than 36' wide
(curb to curb) and greater or equal to 28 ft wide, one side shall be marked as a fire
lane. Signage stating : "FIRE LANE - NO PARKING" or red curbing stenciled with
"FIRE LANE" shall be provided in any areas longer than 8 ft, in cul de sacs and along
the turning radius of the street ( both sides). When using signage spacing shall be
determined by the Traffic Engineer. When the street is less than 28' wide both sides
shall be marked as above as FIRE LANES. Shared private access driveways that do
not provided parking shall be provided with No Parking Signage and/or red curing.
(FP, FP-7)
51. Landscaping in the open space areas shall be maintained so as not to become afire
hazard. All dead and dry vegetation to be removed by May 15th each year and to be
maintained until November. (FP, FP-8)
52. Egress Windows shall be provided on all sleeping rooms. A room that does not have
a clearly defined use as a kitchen, closet, dining room, living/family room or study
shall be considered a bedroom. Studies/libraries with closets shall be treated as
bedrooms. Storage rooms that are provided with windows, and electrical outlets and
Resolution No. 2018-12
Page 9
However, implementation of this measure may not be feasible without either a)
removal of deodar cedar trees within the Caltrans right-of-way along the southern
side of the highway, which is an historic resource listed on both the national and
state registers, or b) significantly cut into the hillside on the northern side of the
highway, which would require construction of a retaining wall.
The City of Gilroy is currently processing a request from the specific plan property
owners to amend the Hecker Pass Specific Plan, which includes among other
changes, elimination of this mitigation measure. If the proposed project is
approved, building permits for the residential units could not be issued until the
mitigation measure is implemented, or the specific plan amendment request that
includes elimination and/or modification of the measure, is approved. (PL/TR, PL-
31) (HPSP EiR MM#19)
FIRE MARSHALL CONDITIONS
44. 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). (FP, FP-1)
45. Detached Second Units shall have a path of travel (min 36" wide) to the street and
shall be provided a separate address number. (This cannot be to the alley side of the
property as the Fire Department responds via a street address. (FP, FP-2)
46. All residential structures shall be provided with residential fire sprinklers (13d)
including garages. City standards include: (FP, FP-3)
a. A 1 inch meter and 1.5 inch laterals shall be provided to each SFR.
b. System to comply with NFPA 13D (2016) subject to inspection by the City.
c. Riser shall be installed in the garage or approved exterior cabinet.
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. The
water -flow switch shall be wired to smoke alarms for interior notification.
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.
j. A fire flow test shall be obtained from the Fire Marshal and included in the
sprinkler system design calculations
Resolution No. 2018-12
Page 8
Engineering Division prior to issuance of a Building Permit. (PL/PW, PL-28) (HPSP
EIR MM#9)
41. Storm water detention shall be designed to prevent an increase in the 2-year, 10-year
and 100-year peak discharge for the project area. (PUPW, PL-29) (HPSP EIR
MM#22)
42. Prior to issuance of the 75th building permit within the Specific Plan area, applicants
for projects within the specific plan area shall be responsible for improving Hecker
Pass Highway immediately west of Santa Teresa Boulevard to include a second
westbound travel lane. The second westbound travel lane on Hecker Pass Highway,
and the appropriate lane -drop taper consistent with Caltrans' Standards, should
extend as far as possible beyond (west of) Santa Teresa Boulevard as can be
accommodated within the existing public right-of-way, with the design subject to
approval by the City Engineer in his/her reasonable discretion. Applicants shall
coordinate with the City of Gilroy Engineering Division to design and implement the
widening project. Removal of deodar cedar trees along the highway must be avoided
wherever possible and improvements must be consistent with -State scenic highway
guidelines. Traffic signal modifications should be made to the intersection of Santa
Teresa Boulevard and First Street/Hecker Pass Highway to add vehicle detection for
the second eastbound through lane.
However, implementation of this measure may not be feasible without either a)
removal of deodar cedar trees within the Caltrans right-of-way along the southern
side of the highway, which is an historic resource listed on both the national and
state registers, or bj significantly cut into the hillside on the northern side of the
highway, which would require construction of a retaining wall.
The City of Gilroy is currently processing a request from the specific plan property
owners to amend the Hecker Pass Specific Plan, which includes among other
changes, elimination of this mitigation measure. If the proposed project is
approved, building permits for the residential units could not be issued until the
mitigation measure is implemented, or the specific plan amendment request that
includes elimination and/or modification of the measure, is approved. (PUTR, PL-
30) (HPSP EIR MM#18)
43. Prior to issuance of the 75th building permit within the Specific Plan area, applicants
for projects within the specific plan area shall be responsible for shoulder
improvements to Hecker Pass Highway, per Caltrans' standards, between Santa
Teresa Boulevard and the easterly limits of the planned Caltrans Was Creek Bridge
Improvement project. Applicants shall coordinate with the City of Gilroy Engineering
Division to design and implement the shoulder improvements. Removal of deodar
cedar trees along the highway must be avoided wherever possible and improvements
must be consistent with State scenic highway guidelines.
Resolution No. 2018-12
Page 7
36. At a date to be determined, the Developer shall transfer responsibility to individual
homeowners for the life of the project all maintenance of 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. (PL, PL-24)
PLANNING DIVISION SPECIAL CONDITIONS
37. 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 any related
Integrated Agricultural Management Plans and the "right -to -farm" ordinance shall be
disclosed to future residents and commercial tenants prior to lease or purchase
(HPSP Policy 5-11). (PL, PL-25)
38. The developer shall disclose to every future homebuyer that active farming will occur
on the agricultural lands within the Hecker Pass Specific Plan area, including but not
limited to the Syngenta Flowers property to the north. 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)
(PL, PL-26)
39. Per Gilroy City Code Section 30.34.20(a), the developer shall be required to construct
a six (6) foot high masonry sound wall on the north property boundary of the site to
provide adequate separation between agricultural commercial and residential uses.
The wall design shall require administrative review and approval of Planning Division
staff and shall be to the standards required by City Code Section 30.34.20(a) and the
Hecker Pass Specific Plan section 7.4.5 "Fencing." Construction of the sound wall
shall be completed prior to final occupancy. (PL, P1-27)
PLANNING DIVISION ENVIRONMENTAL CONDITIONS
40. Prior to development of any property within the specific plan area, 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
Resolution No. 2018-12
Page 6
Gilroy City Code. The design of such addition or patio cover shall match the materials
and style of the residence. (PL/BL, PL-16)
29. The use of wood good -neighbor fences and split -rail fencing along the sides of open
space areas shall be subject to final review and approval of the Planning Manager as
part of the building permit review. Fences shall be constructed in a manner consistent
with the requirements of City Code Section 30.34 Fencing. (PL, PL-17)
30. Prior to issuance of a Temporary Use Permit for the sales office and/or model home,
Developer shall provide details as to the posting of pertinent information and maps
that may affect the subject project and adjacent properties. At minimum, the land plan
for the overall development that shows all surrounding land uses and how the project
integrates with theses surrounding uses shall be displayed and maintained in a
prominent location. Additional resources might include the current General Plan and
corresponding Land Use Map, and the Hecker Pass Specific Plan. Developer shall
include such details to the satisfaction of the Community Development Director or
designee. (PL, PL-18)
31. Prior to issuance of a Temporary Use Permit for the sales office and/or model home,
Developer shall provide details of signage and written information to potential buyers
that demonstrate the principles of water efficient landscapes described in the State
MWELO. Developer shall provide such details to the satisfaction of the Community
Development Director or designee. (PL, PL719)
32. Light standards illuminating interior walkways shall be not more than eight (8) feet in
height, and shall not intrude into the private living or patio areas. Light standards
serving recreational areas held in common shall be no more than 15 feet in height,
and shall be directed away from dwelling units. PL, PL-20)
PLANNING LANDSCAPING CONDITIONS
33. 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). (PL, PL-21)
34. As part of the building permit application, the applicant shall submit a complete
landscape package in accordance with MWELO. The project's licensed landscape
architect shall also stamp and sign the landscape plans and submit a signed affidavit
verifying the landscape package complies with MWELO. A copy of the compliance
affidavit form is available at
http://www.citvofgilroy.org/DocumentCenter/Home/View/6056. (PL, PL-22)
35. Developer is required under MWELO to provide a copy of the approved Certificate of
Completion to the property owner or his or her designee. Prior to completion of each
build -out phase of development, Developer shall provide the Community
Development Director or designee a summary of each lot in that phase and timing of
compliance with this requirement. (PL, PL-23)
Resolution No. 2018-12
Page 5
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 landowner."
23. 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. (PL, PL-11)
24. Per the approved Improvement and Landscape plans, Developer shall provide utility
meters, mechanical equipment, mailboxes and address directories, placed in
decorative cabinets and clustered for efficient access by residents and service
persons. The final placement and design shall be to the satisfaction of the Community
Development Director or designee. (PL, PL-12)
25. Per the approved Improvement and Landscape plans, Developer shall provide
screening of all mechanical equipment, post indicator valves, backflow prevention
devices etc. All ground mounted utility appurtenances such as transformers shall not
be visible from any public right-of-way and shall be adequately screened through the
use or combination of concrete or masonry walls, berms, and landscaping. In addition
to the above, backflow preventers shall be painted dark green, except the fire
connection which shall be painted yellow. The final placement and design of these
items shall be to the satisfaction of the Community Development Director or designee.
(PL, PL-13)
26. Developer shall provide automatic garage doors and door openers for all garages. All
garage entries closer than 23 feet to the front property line shall be equipped with a
sectional roll -up garage door. (PL, PL-14)
27. Developer shall provide 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. (PL, PL-15)
28. Building additions and patio covers shall conform to the requirements of the Hecker
Pass Specific Plan Residential zone district setbacks, or as otherwise allowed by the
Resolution No. 2018-12
Page 4
15. Developer shall submit plans for building permit applications that include, on all sets,
a reproduction of all conditions of approval of this permit, as adopted by the decision -
maker. (PL, PL-3)
16. Prior to issuance of building permits, Developer shall provide to the Planning Division
digital photos or copies of full-size colored elevations, color and material sample
boards, perspective illustrations, and any other colored exhibit approved by the
decision -maker. (PL, PL-4)
17. 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. Such determination may
require an adjustment or modification to this permit approval. (PL, PL-5)
18. Prior to issuance of the first building permit, Developer shall submit complete
landscape plans to ensure the site irrigation system does not conflict with site lighting.
All onsite and offsite lighting will be per an approved photometric study and approved
joint trench plans. Onsite 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. (PL, PL-6)
19. Developer agrees, as a permit of condition approval, that no sign advertising the
development project or components thereof, including individual tenants or
subdivisions, shall be installed or maintained onsite or offsite except as allowed and in
conformance with an approved sign permit. (PL, PL-7)
20. Concurrent with or prior to an application for a grading permit, Developer shall apply
for a Santa Clara Valley Habitat Plan permit from the City of Gilroy. The grading
permit will be issued only after payment of assessed fees and approval of the Habitat
Plan permit. (PL, PL-8)
21. Prior to issuance of a grading permit, Developer shall present to the Community
Development Director or designee, a receipt issued by Santa Clara County for full
payment of the Santa Clara Valley Habitat Plan fees associated with the proposed
development. (PL, PL-9)
22. Developer shall include the following language in all grading, site work, and
construction plans (BL/PL, PL-10):
"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
Resolution No. 2018-12
Page 3
6. Prior to issuance of building permits, Developer shall correct all violations of the City
Code, if any, existing on the project property for which the City has open cases.
(PL/CE, G-6)
7. 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. (CA, G-7)
8. Prior to tract acceptance, Developer shall complete all required offsite and onsite
improvements related to the project, including structures, paving, and landscaping.
(BL, G-8)
9. 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 to the Community Development Director
or designee. (PL, G-9)
10. 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. (PL/P1J, G-10)
11. 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. (PL/CA, G-11)
12. Developer shall obtain building permits for the plans within one (1) year from the date
of this permit approval. If such building permits are not received within the time frame,
this permit shall automatically become null and void unless an extension of time is
approved by the City. (PL, G-12)
PLANNING DIVISION STANDARD CONDITIONS
13. 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. (PL/BL,PL-
1)
14. 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. (PL, PL-2)
Resolution No. 2018-12
Page 2
responsibilities from initial review through compliance verification. An internal condition reference number is
located at the end of each condition (e.g. G-1 or MND-S2).
RESPONSIBLE DEPARTMENTS/DIVISIONS
BL
Building Division/Inspectors
PK
Parks/Landscape Design
CA
City Attorney
PL
Planning Division
CC
Chemical Control Agency
PW
Public Works/Engineering
FP
Fire Prevention
TR
Traffic Division
PD
Police Department
WW
Wastewater/Source Control
GENERAL PROJECT CONDITIONS
1. Approval of Architectural and Site Review (AS 17-14) (hereinafter "this permit") is
granted for approved plans stamped as "Received on November 3, 2017" ("the
plans") on file with the Planning Division. 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 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. (PL, G-1)
2. Developer means permit applicant, property owner, operator, permitee, lessee, and/or
tenants using the space(s) for the intended use(s). Developer shall comply with
project conditions for the life of the project. (CA, G-2)
3. 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. (CA, G-3)
4. Failure to appeal this decision in a timely manner, or commencement of any activity
related to the project, is understood to clarify Developer's acceptance of all conditions
and obligations imposed by this permit and waive to any challenge to the validity of
the conditions and obligations stated therein. (CA, G-4)
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. (PL, G-5)
RESOLUTION NO. 2018-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY RECOMMENDING APPROVAL OF ARCHITECTURAL AND SITE
REVIEW A/S 17-14, A ARCHITECTURAL AND SITE REVIEW TO ALLOW
CONSTRUCTION OF THE 9-LOT, HEARTLAND TRIANGLE RESIDENTIAL
PROJECT LOCATED WITHIN THE HECKER PASS SPECIFIC PLAN
NORTHEAST OF THIRD STREET, WEST OF THE HEARTLAND
SUBDIVISION, AND SOUTH OF SYNGENTA FLOWERS, INC. (PORTION
OF ASSESSOR'S PARCEL NUMBERS 810-20-020). FILED BY MERITAGE
HOMES, 2603 CAMINO RAMON, SUITE 140, SAN RAMON, CA 94583.
WHEREAS, Meritage Homes, submitted an application requesting an Architectural and
Site Review to approve the architectural and site design of the Heartland Triangle
residential project; and
WHEREAS, the subject property is located within the Hecker Pass Specific Plan area,
northeast of Third Street, west of The Heartland subdivision, and south of Syngenta
Flowers, Inc. ; and
WHEREAS, the Planning Commission of the City of Gilroy has considered the Architectural
and Site Review request (A/S 17-14), in accordance with the Gilroy Zoning Ordinance, and
other applicable standards and regulations; and
WHEREAS, the project is consistent with applicable general plan, specific plan, and zoning
designations; has no value as habitat for endangered, rare or threatened species; would
not result in any significant effects relating to traffic, noise, air quality, or water quality; and
can be adequately served by all required utilities and public services; and
WHEREAS, said Architectural and Site Review application was referred to various city
departments, including the Technical Advisory Committee, for recommendations; and
WHEREAS, the Planning Commission of the City of Gilroy has considered the Staff Report
dated May 17, 2018 and continued it to its duly noticed meeting on June 7, 2018, along
with testimony received at the duly -noticed public hearing and other materials; and
WHEREAS, the Planning Commission finds the Architectural and Site Review application
conforms to the City's General Plan and elements thereof; and
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 and Site Review
application A/S 17-14, subject to the following conditions:
Note: The following abbreviations identify the City department or division responsible for determining compliance
with these conditions. The first group listed has responsibility for compliance at plan check, the second
confirms compliance with the condition at final inspection, prior to final occupancy or issuance of a
certificate of occupancy, or as specified in the condition. If only one group is identified, they have