Resolution 1995-32
.
.
RESOLUTION NO. 95-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING AjS 95-01, AN APPLICATION
FOR ARCHITECTURAL AND SITE APPROVAL OF 56
SINGLE FAMILY DETACHED DWELLINGS ON APPROXI-
MATELY 7.42 ACRES (PARCEL NO. 790-16-059) ON
PROPERTY ZONED R1-PUD (SINGLE FAMILY RESIDEN-
TIAL, PLANNED UNIT DEVELOPMENT)
WHEREAS, Silicon Valley Diversified, Inc. submitted
AjS 95-01, an application for Architectural and site approval of
56 single family detached dwellings (representing phase two of the
Park Commons project) on approximately 7.41 acres of property zoned
R1-PUD (single family residential, planned unit development); and
WHEREAS, the property affected by AjS 95-01 is located
between Church Street and Wren Avenue north of Las Animas Park at
the northeast corner of the future extension of Mantelli Drive and
Wren Avenue and identified as APN 790-16-059, and such property is
shown on a map attached hereto as Exhibit "A" which is incorporated
herein by this reference; and
WHEREAS, the city Council adopted on August 1, 1994, in
accordance with the California Environmental Quality Act (CEQA),
a Negative Declaration including 21 mitigation measures for zone
change application Z 93-09 and tentative map application TM 93-
04, which proposals included the property associated with AjS 95-
01; and
WHEREAS, the City Council adopted zone change Z 93-09
by ordinance on september 6, 1994 and approved tentative map TM 93-
04 on that same date, imposing conditions and including a mitiga-
tionjmonitoring plan;
WHEREAS, the Planning commission held a duly noticed
public hearing on AjS 95-01 on April 6, 1995 and after that hearing
recommended that the City Council approve the project, subject to
ten conditions which are attached hereto as Exhibit "B" and
incorporated herein by this reference.
RESOLUTION 95-32
-1-
.
.
NOW, THEREFORE, BE IT RESOLVED THAT:
SECTION 1.
The City Council hereby finds that A/S 95-01 complies with the
findings set forth in subsections (a) through (i) of section 50.55
of the Gilroy Zoning Ordinance as required to grant planned unit
development (PUD) architectural and site approval.
SECTION II.
The City Council hereby finds, consistent with the require-
ments of the Public Resources Code, that:
1. This project is consistent with the Gilroy zoning
Ordinance as amended by Z 93-09.
2. The City previously adopted a Negative Declaration with
21 mitigation measures and a mitigation/monitoring plan for Z 93-
09 and TM 93-04, which approvals included this property.
3. There are no off-site or on-site environmental effects
of this project which were not addressed in the Negative Declara-
tion prepared for Z 93-09 and TM 93-04.
4. There is no new information showing environmental effects
to be more significant than described in the Negative Declaration
for Z 93-09 and TM 93-04.
SECTION III.
A/S 95-01 should be and hereby is approved, sUbject to the
ten conditions attached hereto and incorporated herein as
Exhibit "B", and subject to the mitigation/monitoring program
adopted for Z 93-09 and TM 93-04.
PASSED AND ADOPTED this 1st day of May, 1995 by the
following vote:
AYES: COUNCILMEMBERS: KLOECKER, MORALES, ROGERS, ROWLISON,
VALDEZ, GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ATTES
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usanne E. steinmetz,
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CITY OF
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GILROY
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LOCA.. T ION
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FOR:
A../S
(PU D)
95-0'1
04,:26./95
17:16
'Z}408 998 .
LA~ UH!"J:.~
.
03/30/95
AIS 95-01 (PUD)
CQnditions (frOm Staff Report dated 3/30/95)
1. specific design review plans for that portion of the Park Commons site located between the easterly edge of th
current request and Church Street (the .Vlllage. condominium section of the project) shall require additioDl
Architectural &. Site PUD review and approval prior to buildout.
,..-.
I
2. For each approved build-out year (1995, 1996, 1997, and 1998), the developer will be allowed to receiv
building permits. for individual homes, in number corresponding directly to the amount granted to the projec
by the City Council underthe t992lWO allocation (I995@36dw, 1996@61 dw, 1997@34, and 1998 ~
34 dw).
3. All dwellings positioned adjacent to Wren Avenue and/or Mantelli Drive shall be designed to control interio
noise levels in habitable rooms, from exterior sources, with tested assemblies having STC ofIIC ratings of 4
db or more (UBC Appendix Section 5401(h), subject to the review and approval by the Building Departmen\
4, An all-weather access road, not less than twer-::::20) feet in width, for fire engines shall be provided befor
commencing any combustible construction. Fire hydrants shall also be installed and maintained befor
combustible construction begins, to meet the approval ofthe City Fire Department.
5. Fire hydrant locations, looping, and water main sizing shall be subject to the review and approval by the Fir
Department's Building, Life and Environmental Safety Division and Public Works Department, and shall b
subject to the following:
A Materials used for off-site installations shall be per City of Gilroy Standard Details. This includes pipe
valves, hydrants, back-flow prevention devices, concrete, trench back-fill, etc.;
B. Pipes which serve on-site fire service systems are subject to the specifications of the Fire Department'
Building, Life and Environmental Safety Division once they depart from the City main. Anyon-site or fir
service system must have a City standard valve intervening; and
C. Inspection of on-site fire service systems will be the responsibility ofthe Fire Department's Building, Lifo
and Environmental Safety Division.
6. All proposed lots shall drain to the street without crossing property lines, subject to the review and approval b:
the Public Works Department.
7. All proposed retaining walls must be constructed of permanent materials such as concrete or masonry, subjec
to the review and approval by the Public Works Department. Wood shall not be permitted.
RESOLUTION 95-
Exhibit "B"
04126/95
17:16 ~40illJ8 5388
AIS 95-01 (PUD)
LAW OFFICES
.
~ 005/ oo~
03/30/95
8. Individual townhomes shall comply with the provisions of Zoning Ordinance Section 5.50, entitled .Site Desig
Requirements", pertaining to proposed inilividual dwelling unit designs.
9. Landscaping: Landscaping plans including specifications for an irrigation system shall be approved by tl
Planning Director in accordance with the adopted Consolidated Landscaping Policy, prior to issuance of
building permit. The landscaping shall be continuously maintained in an orderly, live, healthy, and relative
weed-free condition, in accordance with the adopted Consolidated Landscaping Policy and the approve
specific landscape plan.
10. MITIGATION MEASURES #1 throul!h #21, contained within the Negative Declaration under Z 93-0
dated 06/03/94, shall be applied to the approval of the project in order to reduce and/or eliminate all potenti
significant impacts to a level of insignificance, as required under the California Environmental Quality A
(CEQA).
,.'-
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l\ESOLITTJlON 95-
-2-
Exhibit "B"
_-J
04/26/95
'O'4084f
Neg.Dee. Z 93-09
"
1i:17
5388
LA\'\: UtrH.:.t,;)
.
~ vvv; vvv
06/03/94
Mi~iaatiDD Measures.
i1. The project shall be designed in accordance with earthquake design
requlations of the unifoX'lll Building Code, subject to the review and
appn,val by the city Building DeparUlent.
i2. A soils investigation shall be prepared for the project site by a
qualified soils engineer. The recommendations of the soils investigation
shall be incorporated into the final improvement plans and shall be
reviewed and approved by the city Department of ~uhlic works prior to
approval of the final map. The purposes of the soils investigation are to
determine the exact soils characteristics and limitations on the project
site, specifically the Shrink-swell potential of the soils, and to
recommend appropriate engineering specifications for the proposed project.
i3. The developer shall construct finished floor elevations at lease one foot
above the one hundred (100) year floor elevation as delineated on the
current Flood Insurance Rate maps (FIRM) produced by the Federal ~rgencY
Ka,nagell\9nt Agency (FEMA).
i4. The design and construction of all storm drainage improvements serving the
project site shall be provided by the developer, subject to the review and
approval by the City DeparUlent of public works. These design plans shall
include, but not be liDdted to.
A. ~pplicable storm water source and trea~nt-based best management
practices, applied and maintained, as rec~nded in the california
storm water Best Management practice Handbook;
B. ~rovision8 for periodic sweeping of roadways, driveways, and parking
areas on the project site:
c. ~ design to reflect the city'S Master ~lan; and
P. Basin No. 17-001, which drains into the project site through lot 121,
shall be designed with a drainage structure and piping which align with
the existing channel. The lOO-year overflow concrete section shall be
designed so that ~inten.nce equipment can use it aa an acce8S road to
the new structure. This improvement shall he in ~hase I.
is. Developers shall pay the appropriate storm drain development fees, subject
to review the city pepartment of Public works prior to issuance of a
building. permit.
tG. The project proponent shall be required to obtain a National ~ollution
pischarge Elimination systems program (N~DESl General construction permit,
required under the Federal clean water Act, from the Regional Water
Quality control Board prior to issuance of a building permit. The N~DES
construction permit requires implementing both construction and post-
construction phase storm water pollution best management practices.
~dditionally, the proposed project ahall implement provisions of the NPDES
construction permit which require preparing and complying with a storm
water pollution Prevention plan.
RESOLUTION 95-
-3-
.
Exhibit "B"
17:17
5~~~
LAW OFfl(;E~
.
tqJUU7!UU~
04,.' 26! 95
U4UW~
Neg.Dec- Z 93-09
06/Q3/94
, ' .
.
'7.
The proposed project shall be redesigned by the applicant, subject to
review and approval by the City planning Dep~nt and the City pUblic
works Department prior to approval of the t..ntative map. '1'he redesign
shall accomplish the following,
A. Eliminate or minimize tbe number of single-family residential lots
fronting arterials (Churcb street, Mantelli Drive, and wren AvenUe),
and
B. Provide access to lot number 201 from a local street.
iB. The design of all street improv~snts serving tbe subject site shall be
provided by the developer, subject to tbe review and approval by the city
Department of Public works. Tbe streBt improvel1lQnts shall include, but
not be limited to the following'
A. construct Mantelli Drive as a four-lane arterial with 74 feet of
pavement and a 94-foot rigbt-of-way along the project frontage.
>>antelli Drive shall also include a class rr bike lanaI
B. construct wren Avenue as a four-lane B6-foot right-of-way aloDg the
project frontage. Wren Avenue sball also include a Class rr bike
lanei
C. construct church street as a 10-foot right-of-way collector street
along the project frontage;
D. rnstall an interim left turn lane (stripping) on church street at the
Churoh street/Mantelli Drive intersection,
E. Install STO? signs on Mantelli Drive at its intersection with wren
Avenue;
F. Install standard curb outs, not curb returns, at all pri~ate street
ingress/egress points;
G. Install ne~ sidewalks along existing improvements adjacent to Las
Animas ?ark and at the curb return at the Ronan AvenUe/Wren A~enue
intersection; and
H. Locate private cul-de-sacs in tbe southeast corner of the projeot site
(private streets G and H) directly opposite eaeb other, not offset.
'9. The developer shall pay the appropriate traffic impaot fee, subject to
the approval of the city Department of Public works prior to the issuanee
of a building permit.
#10. The developers shall be responsible for submitting a dust control policy
subjeot to review and appro~al by tbe city Building Department,
consistent with existing City policies and oodes, prior to issuance of a
building permit.
RESOLUTION 95-
-4-
. Exhi.bit "B"
04/ 2ti; B5
'O'408~
I4l 008/ QOB
LA~ UFFlCES
17:18
5388
.
~_ . ~ R
.eg.Dec. Z 93-09
06/03/94
Ill. The developer ahall retain the aervice. of a 'qualified environmental
testing company to collect and test random .oil 8ample8 for analysis of
petrolaum hydrocarbons in the areas whara oil/gas is present on the
surface and in tha general vicinity.
The environmental consultant shall comply with all regulations governing
sampling mathodolog1ea, Shipping and handling procedures, ,and tasting
methodologies. Validated data shall be submitted to the city of Gilroy
Division of BUilding, Life and Environmental safety for ravisw prior to
issuance of a building permit.
In the avant that contamination is discovered, affected soils shall ba
r~ovad in compliance with all faderal and state regUlations govarning
claan-up procedures and disposal of hazardous ~terials. Claan-up shall
be certifiad as complete by tha City of Gilroy Division of Building, Lifa
and Environmental Safety.
112. The applicant shall conduct a noise survey prior to approval of the final
map for those residential lots which are contiguous to arterials (Church
street, Wran Avenue and Mantelli Drive). The noise survey shall be based
On tha projected traffic volumas on Church Street, wren Avenue, and
Mantelli Drive as identified in the City of Gilroy'S Ganeral Plan
circulation Element. The survey information shall ba used to determine
the need for any no1ae attenuation .~rnotures or special building dea1gn
considerations for those homes proposed to frDnt on Church Street, wren
Avenue, or Mantelli Drive.
#13. The devaloper shall, as sOOn as possible, and bafora issuance of building
permits for the las~ 24 units, nago~iata with the Gilroy unified sehool
District to de~ermine the level of additional impacts on the District.
The developer ahall provide full mitigation of the impacts to the School
District which may include 1) impact fees, 2) dedication of land, 3)
facilities, and/or 4) equipment.
#14. prior tc development of the site, the developer shall pay required city
of Gilroy public safety impact fees.
t15. Davalopers ahall pay the appropriata water devalopment fees, subject to
review by the City Dapartment of public works prior to the issuanca of a
building permit.
t16. Davelopers shall pay the appropriata sewer davalopmant faas, subject to
review by the city Department of Public Works prior to the issuance of a
building permit.
#17. prior to development of ~hasa Six, tha daveloper must obtain aDO
allocation to serve phase six (the additional 24 units) and will be
required to pay City of Gilroy sanitary sewer connaction fees.
t18. Tha dasign of all sewer line improvements serving the projact site shall
be provided by the developer, subject to tha reviaw and approval by the
city Department of public Works.
RESOLUTION 95-
-5-
Exhibit "B"
04126;95
... . .' ~
"
'a408 _ 5388
1j1].009/009
LAW OFFICES
H: 18
.
Neg.Dec. Z 93-09
06/03/94
#19. Prior to development of the site, the developer shall pay required City
and parks and Recreation impact fees.
#20. The developer shall be responsible for improvements to Las Animas park to
mitigate the loss of improved park land. '1'he developer shall prepare a
park improvements plan to include specifications for the following
components:
A. DemOlition of the 8,758 square feet of park land to be converted for
,--. improvements to Mantelli Drive right-of-way;
B. Las Animas Park frontage and general landscape improvements adjacent
to the extension of Hantelli Drive; and
c. Las Animas park improvements at the southeast corner of the
intersection at Hantelli Drive and Wren Avenue, to create a large
usable access area at this corner of the park.
The costs for all improvements to Las Animas park shall be borne by the
developer and all improvements shall be included in the first andlor
second phase of the proposed project. This park improvements plan shall
be prepared by the developer, subject to review and approval by the city
parks and Recreation Department and the city Public works Department
prior to issuance of a building permit.
.~.
#21. Due to the possibility that significant buried cultural resources might
be found during construction, language shall be printed On construction
drawings to protect these resources, pursuant to review and approval of
the City Planning Department. Such language might read aa follows,
If archaeological resources pr human remains are diacovered during
construction, ~ork shall be halted within 50 meters (150 reet) or the
rind until it Can be evaluated by a qualified prOfessional
archaeologist. Ii the find is determined to be significant, appropriate
mitigation measures shall be formulated and implemented.
.
RESOLUTION 95-___
-6-
Exhibit "B"
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 95-32 is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the ~ day of
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this 23rd day of Mav ,1995.
Mav
, 19....2JL,
(Seal)