Resolution 1994-73
.
.
RESOLUTION NO. 94-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING GPA 93-02, AMENDING THE
GENERAL PLAN MAP TO INCREASE THE RESIDENTIAL
DENSITY ON 10.2 ACRES FROM LOW DENSITY RESI-
DENTIAL TO MEDIUM DENSITY RESIDENTIAL ON
PROPERTY LOCATED WEST OF KERN AVENUE, EAST OF
SANTA TERESA BOULEVARD AND NORTH OF WELBURN
AVENUE, ALONG THE PLANNED EXTENSION OF
MANTELLI DRIVE, APN NOS. 790-04-039, -046, AND
-066
WHEREAS, the Filice Family Estates have submitted an
application, GPA 93-02, to amend the General Plan Map to increase
the residential density on 10.2 Acres from Low Density Residential
to Medium Density Residential on property located west of Kern
Avenue, east of Santa T. eresa Boulevard and north of Welburn
Avenue, along the planned extension of Mantelli Drive, APN Nos.
790-04-039, -046, and -066, such property as is indicated on the
map attached hereto as Exhibit A and incorporated herein by this
reference; and,
WHEREAS, the city has prepared and circulated an Initial
Study for this project in accordance with the California Environ-
mental Quality Act (CEQA); and,
WHEREAS, the City has issued in accordance with CEQA a
Negative Declaration for this project with 29 mitigation measures,
such Negative Declaration being attached hereto as Exhibit Band
incorporated herein by this reference; and,
WHEREAS, the Planning Commission held a duly noticed
public hearing on GPA 93-02 on March 3, 1994, after which public
hearing the Commission voted to continue the hearing to April 7,
1994, and after which April 7 hearing the matter was then continued
to the Planning commission meeting of May 14, 1994, and at which
May 14 meeting the Commission voted to recommend adoption of the
Negative Declaration as completed in compliance with CEQA and
reflecting the independent judgment of the City, and to recommend
approval of GPA 93-02; and,
RESOLUTION NO. 94-73
-1-
.
.
WHEREAS, at several duly noticed public meetings,
including their meetings of March 21, 1994, April 18, 1994, and
June 6, 1994, this City Council held public hearings on GPA 93-02
and at such hearings voted to continue the matter; and,
WHEREAS, the City Council conducted a duly noticed public
hearing on the proposed project on September 19, 1994, after which
public hearing it certified that the Negative Declaration was
completed in compliance with CEQA, that it reflected the independ-
ent judgment of the City, and that it was presented to the Council
and the Council reviewed and considered the information contained
therein prior to taking action on GPA 93-02; and,
WHEREAS, at the September 19, 1994 meeting, the Council
again considered the project and proposed mitigation measures along
with public testimony, staff reports and other documentation, and,
based upon substantial evidence produced both in writing and
orally, resolved that the project should be approved with the
mitigation measures as project conditions; and,
WHEREAS, also based upon substantial evidence, the
Council determined that one measure set forth in the Negative
Declaration should be modified and that an additional mitigation
measure should be added; and,
WHEREAS, the location and custodian of the documents or
other material which constitute the record of proceedings upon
which this resolution is based is the Office of the City Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The Negative Declaration for this project, contained in
Exhibit B, is hereby approved on the basis that the initial study,
public comments, oral and written testimony and other documents
received and considered indicate there is no substantial evidence
the project as mitigated will have a significant effect on the
environment, such approval being subject to all mitigation measures
set forth therein but with the following additional modifications:
(a) That Mitigation Measure No. 11.c as is set forth in
RESOLUTION NO. 94-73
-2-
.
.
the Negative Declaration is hereby amended to read as follows:
Align Kelton Drive along the western boundary of Rod Kelley to
provide access opportunities from Mt. Madonna School, Rod Kelley
School, and the potential city park, or provide an alternate
alignment which is acceptable to the Gilroy Unified School Dis-
trict; and,
(b) That a Mitigation Measure No. 30 hereby be added to
read as follows: The future developer shall widen the West Side
of Kern Avenue between Mantelli Drive and Rod Kelley School,
subject to the review and approval by the City Department of Public
Works.
B. A Mitigation Monitoring Program for the subject property,
attached hereto as Exhibit "C", is hereby adopted.
C. The City Council further finds that:
(a) The City has taken all actions required by CEQA; and
(b) Approval of GPA 93-02 is in the public interest.
D. GPA 93-02 should be and hereby is conditionally approved,
and the Gilroy General Plan Map is hereby amended to increase the
residential density on 10.2 Acres from Low Density Residential to
Medium Density Residential on property located west of Kern Avenue,
east of Santa Theresa Boulevard and north of Welburn Avenue, such
property as is indicated on the map attached hereto as Exhibit "A."
PASSED AND ADOPTED this 26th day of September, 1994 by
the following vote:
AYES:
COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS,
ROWLISON, VALDEZ, GAGE
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
APPROVED:
RESOLUTION NO. 94-73
-3-
.
.
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 94-73 is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 26th
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
day of
September , 19 -2L,
Official Seal of the City of Gilroy this 28th day of September
,1994.
(Seal)
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... LOCATION .MAP FOR GPA93-o2
EXHIBIT A
,.
Planninlfbepartmen.
NEGATIVE
DECLARATION
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
(408) 848-0440
City rile IImIbera GPA 93-02
PIlOJI!I:CT DB8CJl:IP'J!:IORa
Name of Project:
Nature of Project:
Filice Family Bstates Initial study
General Plan Amendment increasing residential density
PROJECT ~:IOR:
Location: West of Kern, north of Welburn Avenue
Assessor's Parcel Number: 790-04-039,046,064
Entity of Persons UDdertakinq proiec1::
Name: Filice Family Estate
Addres8:7888 Wren Avenue, suite D~~43
:IR:IT:IAL SmDY:
An Initial study of this project was undertaken and prepared for the
purpose of ascertaining whether this project might have a significant
effect on the environment. A copy of this study is on file at the city of
Gilroy Planning Department, 7351 Rosanna street, Gilroy, CA 95020
F:IRD:IRGS 5 RBASORS:
The Initial Study identified potentially significant effects on the
environment. However, the applicant has agreed to revisions in the
project, or the project has been revised, see Mitigation Heasures below
which avoid or mitigate the effects, to a point where no significant
effects will occur. There is no substantial evidence the project, as
revised, may have a significant effect on the environment. The following
reasons will support these findings:
1. Identified adverse impacts such as the effect on remaining sewer
plant capacity, school impacts, and increase in traffic generated
.. -from- "thi:s- pro j-eet::-are' ' proposed -to -be mtttgated -through buildout
schedules, school impaction fees, and construction of off-site
improvements.
2. The proposal will not be detrimental to the public welfare" or
injurious to persons or property in the vicinity.
3. Potential significant effects can be mitigated to reduce them to an
acceptable level of_ impact.
EXHIBIT B
.t'"
.
.
Neqative Declaration
-2-
12/15/93
IIITIGUI011 1lBA8URB8:
1. Future developaent on the project site shall be desiqned in accordance
with earthquake design regulations of the Uniform Building Code, subject
to review and approval by the city Building Department.
2. The future developer of the project site shall have a preliminary soils
investigation prepared by a geotechnical firm. The recommendations of
the preliminary soils investigation shall be incorporated into the final.
improvement plans, which will be subject to review and approval by the
city Bngineer prior to approval of a final subdivision map and final
improvement plans.
3. The future developer shall pay the appropriate storm Drain Development
"fee subject to review by the city Bngineer prior to issuance of a
building permit.
4. The futurfit developer shall pay for the updating of the Storm Drain System
Master Plan model if the Storm Drain mains for this project deviate from
those shown on the Master Plan, subject to review by the city Bngineer
prior to issuance of a building permit.
5. The future developer s~all provid~ designs of all storm drainage
improvements serving the proposed project site, subject to the review by
and approval of the City Department of Public Works.
6. The future developer shall construct finished floor elevations at least
one foot above the 100-year flood elevation as delineated on the current
Flood Insurance Rate Haps (FIRM) produced by the Federal Emergency
Management Agency (P'BMA).
7. The future developer shall apply for and obtain a General Permit for
Storm Water Discharge Associated with Construction Activity from the
Regional Water Quality Control Board prior to issuance of grading permit,
encroachment permit, or approval of any tentative map for each of the
individual project site.
8. The existing valley oak tree, located in the eastern extension of the
project site shall be incorporated into any future landscape plans for
the project site, which shall be subject to the review and approval of
the Planning Director prior to issuance of a building permit.
9. Bach phase of future development shall pay a citywide traffic impact fee
for.improv.ements,_prio~ d~alopment of-~he.site..
10. The desiqn of all street improvements serving the project site shall be
provided by the future developer, subject to review and approval of the
City Department of Public Works.
11. The future developer of the project site should incorporate the access
and circulation recommendations contained in the Initial study subject to
the approval of the City Department of Public Works. These
recommendations include the following:
.
.
Negative Declaration
-3-
12/15/93
a. COnstruct Kantelli Drive as a four-lane arterial from Kern Avenue to
the westerly project boundary.
b. Provide secondary access to the project site. The most loqical
method of providing this access is to extend Kelton Drive from its
current termination near Boward Avenue into the southerly portion of
the project.
c. Align Kelton Drive along the western boundary of Rod Jtel1ey School to
provide access opportunities from Ht. Madonna School, Rod Kelley
School, and the potential city park.
d. Provide a public street throu~h the northerly portion of the project
that will allow access to a bridge across the Santa Clara Valley
Water District channel and then two lanes north of the channel. This
development will pay for its pro-rata share of the bridge at this
channel. This bridge and the street leading to it shall be located
per the Staff's discretion.
e. Provide a school pedestrian crossing at the Jtelton Drive intersection
with Mantelli Drive.
12. Incorporate transportation demand management measures subject to approval
of the City Department of Public Works.
13. Development of the site shall include the installation of bicycle racks
for residents, subject to review ~d approval by the city Planning
Department.
14. COntractor specifications for the proposed project shall be submitted to
the building department for approval prior to issuance of a building
permit for the proposed project. The contractor specifications shall
include the following particulate emission measures.
a. Exposed earth surfaces shall be watered during clearing, excavations,
grading, and construction activities. Watering of exposed earth
surfaces could reduce particulate emissions as much as SO percent.
All construction contracts should require watering in late morning
and at the end of the day. The frequency of watering should increase
if wind speeds exceed 15 miles per hour.
b. Throughout excavation activity, haul trucks should use tarpaulins or
other effective covers at all times.
c. Upon completion of construction, measures shall be taken to reduce
wind erosion. Revegetation and repaving should be completed as soon
as possible.
15. All phases of future development on the project site shall provide
conceptual and fJ.nal- site- design-plana and~ch.i.tectural..and landscape
architectural plans consistent with the City of Gilroy'S Architectural
and Site Review procedures. These plans are subject to review and
approval by the City of Gilroy Architectural and Site Review COmmittee
and the City Planning Department with special consideration given to the
following criteria:
.
.
Negative Declaration
-4-
12/15/93
a. To reduce the impact of higher density developoent frcm the nearby
8ingle family re8idential neighborhood, the 8cale, 8iting, and
ma8sing of building8 8hall be consistent with surrounding land uses,
landscape plans shall include measure8 8uch a8 berming and vegetative
buffering.
b. All future utilities, to, through, and on the project site shall be
placed underground.
c. A detailed 8ite plan for all exterior light8 shall be submitted as
part of the building permit review process for future developnent on
the project 8ite. The lighting plan shall incorporate design
el.-nt8 that will minimize the potential for light and glare impact8
on adjacent residential properties.
16. The future developer shall include measures to ensure that indoor and
outdoor noise levels at each lot are below the maximum noise level as
specified by the City'S general plan based on the general plan build-out
traffic and noise projections. These measures may include distance
8etbacks, noise attenuation walls, and/or berming in order to reduce
noise to acceptable levels. The Planning Department and Architectural
and Site Review Committee shall review all specific development proposals
to ensure compliance with this measure. The future developer shall be
responsible for providing all necessary information to substantiate
compliance with this measure prio~. to issuance of a building permit.
17. Prior to the developnent of the site, the developer shall pay the
required City of Gilroy Public Safety impact fees.
18. Development plans shall include the installation of on-site fire hydrants
and automatic fire sprinklers within multi-level structures. Improvement
plans shall be subject to review and approval by the City Departments of
Public Works, Fire, and Building prior to recordation of the Final
Subdivision Map.
19. The future developer shall construct all utilities to, through, and on
the site underground, subject to the review and approval by the City
Department of Public Works.
20. Prior to the developnent of the site, the developer shall pay the
required City of Gilroy Public Safety impact fees.
21. The developer shall provide required impact fees to the Gilroy Unified
School District.
22. Prior to .developnent .of_the .aite,.-the-developer-shall..pay required City
of Gilroy Parks and Recreation impact fees.
23. The future developer shall pay the appropriate water service development
fees, subject to review by the City Engineer prior to the issuance of a
building permit.
"
24. The future developer shall pay for the updating of the Water System
Master Plan model if the water mains for this project deviate from those
shown on the Master Plan, subject to review by the City Engineer prior to
issuance of a building permit.
.,.
.
.
Negative Declaration
-5-
12/15/93
25. The future developer shall pay the appropriate sewer service development
fees, subject to review by the City Bngineer prior to issuance of a
builcU.ng permit.
26. Prior to development of the site, the developer must obtain sufficient
sewer allocation to serve the proposed project and will be required to
pay the City of Gilroy sanitary sewer connection fee..
27. The design of all sewer line improvements serving the proposed project
site shall be provided by the developer, subject to review and approval
by the City Department of Public Works.
28. The future developer shall pay for the updating of the Sanitary Sewer
System Master Plan model if the Sanitary Sewer mains for this project
deviate from those shown on the Master Plan, subject to review and
approval by the City Department of Public Works.
29. Due to the possibility that significant buried cultural resources might
be found during construction, the following language shall be included in
any permits issued for the project site, including but not limited to
building permits for the future development, pursuant to the review and
approval of the city Planning Director: If archaeological resources or
human remains are discovered dur41g construction, work shall be halted
within 50 meters (150 feet) of the find until it can be evaluated by a
qualified professional archaeologist. If the find is determined to be
significant, appropriate mitigation measures shall be formulated and
implemented.
Date Prepared: 12/20/93
End of Review Period: 1/14/94
Date Approved:
Michael Dorn, Director of Planning
."
,CEIYED 09/21 17'00 199" AT .
'C1 TY 'OF GILR'OY" 5388
.40 TEL:
PAGE
2 (PRINTED PAGE
ep
21.94 16:10 No.b21 ~.02
r
Prior to issuance of a Building Permit the following mitiga.tions shall be
.
implemented: . .
.. . "
.. . ., .:. ~.. ~:: "i. 5: ,,~ c.~, . r1 . ..'
,
. " " " "
Na~e ofM.itll.tl~n . party . . . .. . I
MitieaUon Responsible for Party Responsible Cor
Number . Implementation . PMonltorlnlt I
1 Development designed in accordance Future Developers City Building J?ep;u1:mcnt
with earthQuake desim retrulationa. .
" Storm "brain9.e'e Model shall be Future Developers Public Works Department
updated if nroiect deviates. .' f
5 Design of all stonn drainage Future peve~opers Public Wo~ks ~epartment,
improvements on projeet site .~1iJect
to review and anoroval
- . Construct fmished floor elevations at .. . .. I
8 least one foot above 100-year flood Future Developers Cit)' Building Department:
elevation. . - M. .... ' , ... J'
Apply for and obtain a Cener&! . '. ' . 1.-, I,
7 Pennit Cor .Storm Water Discharge Future Developers. CltY BuUding'Oepartment";
Assoeiated with Construction .~~ P1~nniDg ~ePartment'1
Activitv." '. . ~ ...
8 Incorporation oCvalley oak tree into Future Dev~lopors City Pl~ng Dire<:tor I
future limdscaDe 01an9.
'. City Building Department;
Pay city-wide traffic Impact f'ec3: . ',~ . "'. '" .1,':','
9 Future DeveloDcrs' and Planninll Department
Design all str~t iInprovements. . . Fu~ure Developera .~.u~Hc.,~ Qf.~~ 89~artment i
10 se'rvin~ the nroleCt sife.' . . .' , ....:.. ""," .
. ,.
.. Incorporate aCcesS and circulation . Future Developerll P~Dlic~ot~8 ~epartment ~
11 recommendattolUl contained herein,
Incorporate trt.nsportation demand . Future Developers Public Worka Department I
12 manag:ement measures. . .. ... ... .' . . .
Tho devolopment of the site shall CitY Pl9.~g Direet<>r
13 include theinstallaHo'n oCbieycle ruture I)'evelopers
racks for the residents.
The contractor specificlltions Cor the Future Developers City Building Department
14 oroDosed oroiect .hall be submitted.
All phases of development shall b$
15 addressed full)' within the City ot Fu~ure Developers City Building Department
Gilroy's Architectural and Site ... .' and ..
Review Drocedures. City Planninlt Director
Include rnea$utes to ensure that. . ,. ..
indoor and outdoor noi8e levels at City Building Department
16 each lot are below the maximum Future Developers and
noise level ilS specified by the city's City Planning Director
general y,llln based on the general
plan bui d-out traffic: llnd noise I
nroicctione. I
Pay public safety impact (ce. (Fire Future Dcveloper9 City Planning Director ,
17 Protecthm t
19 All utiliUes shall be constructed Future Oevelopers Public Works Department ~
uoderltround ,
I
Pe)' public aalety impact Cees (Police Futur.e DevJopers Cit)' Planning Director \
20 Protection), .
~
I
I .
GPA' 93-02
'.
.~TIGA'l'IOO .MJNI':IDRING PRJGRAM
EXHIBIT C
iEi~ED 99/21 17'91 199q AT q.B53BB
." .OF GILR'OY TEL:
3 (PRINTED PAGE
. 21,94 16:10 No.D21 P'.03
I
PAGE
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., '0 .'. '. p~tY
.. '
Mitigation .. . Nature' of Mit.igatlon Responsiblo for Party Responsible for
Nwnber : lutnlentel1tation Monttorinlt
Pay scnool irnp~ct fees to school Future Developers Cit.y planning Director
21 dieiricl.
p~y parks and recreo.tion impacts Future Developers City Planning Director
22 fees. ' .
23 Pav wllter irnoact seNicl! fees. Future De\'elopets City Emrlneer
24 Update the Water SYBtem Master Future Developers City Engineer
Plan model if the water molns for
thl8 1Jfolect deviate.
25 Pa.v sewer service itnnact fees. Future De\'elooer8 City EnErlneet
Obtain 8\iIficient sewer allocation to F\lture Developers City Engineer and
.. . 26 .. .erve .the pro-po8ed project, p'-n~ .. - .. -, .- City Planning Director
'DIlY sanitarY sewer connection fees.
The design of all sewer line Future Developers Public Works Department
21 improvements serving the proposed
project 8i~ shall be provided by the
develonel'.
Update the Sanitary Sewer System Future Developers City Engineer
28 Muter Plan model if the sewer
mains fot' this Droicct deviate.
.. Archaeological (cultural) language in F\1ture Developers City Planning Director
29 allllennits.
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A.Tl'ACBME~ A
21.94 1
6: 10 No ,021
Ml'flGATlON MONITORING 'pROORAl4 ClIECKLlST
FiUce FaJJlUy Estate. General Plan AJnendJJ1ent tnlti..l at",,!:!'
: lGPA 93-02)
Prior to 8:ppro"al of Fin.al subdi"ision Map and Impro"e11lent PlanS, the
following mitigations shall be bnpletilented:
. . ..' - . ' ..' . . .' -" ,..... . .' ' - ..
.. -' . PartY .., . . '
Responsible {oJ"
1m lelD0ntatlon
\
. -.... ,.' ..
Nature ofM.ltiU;ltion
Future De'le\opers
MitlgaUon
NuJ1Jber
, .' .....
As It. conlltrtlction hnplernente.tion
step. hs.ve soils investigation
re an~d b a eolecMical finn. .
As a construction iJI\pler1\cntation
atep. ptovide hydrology study
Iho)'tlnsdesigna of aU 5t.onn
drainage improvements .er'linl the
fa ect; site, ' .
Development p\nna .ho1\ include
the installation of on-sue firs
h (\rants'lU\d automatic' r\tUtlerB.
Future pe'le\opeTS
.~
Fut\ll'e Developel'S
. .. _ ...3 ' _.--
.' ...' ' ......
1~ " .
.. ..of'_". ...
........-.---
_. '." _"; to
.. ,~..."
. ,...' ......
PartY Responslble for
. Monitortn
ub\\c Wor\tS Deparl",-ent
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