Resolution 1996-27
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RESOLUTION NO. 96-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING A TENTATIVE MAP FOR THE
SUBDIVISION OF 62 RESIDENTIAL LOTS ON PARCEL
NOS. 790-47-001, -002, AND -003, ZONED R1-PUD
(SINGLE FAMILY RESIDENTIAL, PLANNED UNIT
DEVELOPMENT), TM 95-05
WHEREAS, South County Housing submitted TM 95-05,
requesting Tentative Map approval to create 62 residential lots
zoned R1-PUD (Single Family Residential-Planned Unit Development)
on approximately 10.3 acres on parcels known as APNs 790-47-001,
002 and 003; and,
WHEREAS, the property affected by TM 95-04 is located on
the south side of Farrell Avenue, between Church Street and
Monterey Road as shown on Exhibit A, which is attached hereto and
incorporated herein by this reference; and,
WHEREAS, an expanded Initial Study was prepared for this
project which Initial Study identified potentially significant
effects on the environment that shall be mitigated to the point of
nonsignificance by mitigation measures which the applicant agreed
to include in the project; and,
WHEREAS, there !eing no substantial evidence in light of
the whole record before the public agency that the proposed project
may have a significant effect on the environment, a Negative
declaration with 16 mitigation measures was prepared and approved
by the City Council on April 15, 1996 in conjunction with approval
of the related zoning amendment Z95-10 and in accordance with the
California Environmental Quality Act ("CEQA"); and,
WHEREAS, the Planning Commission held a duly noticed
public hearing on April 15, 1996, and after that hearing voted to
recommend approval of the project; and,
WHEREAS, the City council held a duly noticed public
hearing on April 11, 1996, at which public hearing the City Council
considered the project and the conditions proposed to be attached
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RESOLUTION 96-27
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to its approval, along with staff reports, public testimony, and
documentation and other evidence on the project and voted to
approve the project subject to 28 conditions; and
WHEREAS, the location and custodian of the documents or
other material which constitute the record of the proceedings upon
which this resolution is based is the office of the city Clerk;
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council finds as follows:
1. The project is consistent with the Gilroy General
Plan because it conforms to the land use designation for the
property on the General Plan Map, and it is consistent with the
intent of the text, goals, and policies of the General Plan
documents;
2. None of the reasons for denial of this subdivision
pursuant to Government Code section 66474 exist in this case;
3. There is no substantial evidence that the proj ect
as mitigated may have a significant effect on the environment; and
4. The Negative Declaration prepared for this project
has been prepared in accordance with CEQA and reflects the
independent judgment of the City.
B. The City Council hereby adopts the 16 mitigation
measures and the mitigation monitoring program prepared for this
project set forth in the Negative Declaration attached hereto as
Exhibit B and incorporated herein by this reference.
C. TM 95-05 should be and hereby is approved, subject to
the mitigation measures and mitigation monitoring program set forth
in the Negative Declaration, and subject to the 28 conditions set
forth in Exhibit C and incorporated herein by this reference. Said
tentative map will become effective if and when and on the date
zoning amendment Z95-10 goes into effect.
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RESOLUTION 96-27
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PASSED AND ADOPTED this 6th day of May, 1996 by the
following vote:
AYES:
COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON,
SPRINGER, VALDEZ, GAGE
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APu
Donald F. Gaol ~~
ATTEST:
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RESOLUTION 96-27
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EXHIBIT "A"
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LOCATION MAP FOR Z 95-10, TM 95-05, A/S 95-31
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EXHIBIT "B"
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Planning Department
NEGATIVE
DECLARATION
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
(408) 848-0440
City File Number: TM 95-05
PrQ,ject Description:
Name of Project:
Nature of Project:
NderwoodTemativeMap
Request to subdivide three parcels totalling 10.3 acres into 62 lots, and
perform design review of the homes resulting from this subdivision.
Project Location:
Location: South of FarreII Avenue, between Church Street and Monterey Street
Assessor's Parcel Nwnbers: 790-47-00 I, 002 and 003
Entity or Person(s) Undertaking Project:
Name:
Address:
South County Housing
7455 Cannel Street, Gilroy, CA 95020
Initial Study:
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.
Findings & Reasons:
The Initial Study identified potentially significant effects on the environment. However, this
project has been mitigated (see Mitigation Measures below which avoid or mitigate the effects) to
a point where no significant effects will occur. There is no substantial evidence the project may
have a significant effect on the environment. The following reasons will support these findings:
I. The proposal is a logical component of the existing land use of this area.
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Preliminary Negative Declaration/TM 95-05
Page 2
12/27/95
2. Identified adverse impacts are proposed to be mitigated through preparation of special
studies, and construction of off-site improvements.
3. The proposed project is consistent with the adopted goals and policies of the General Plan
ofthe City of Gilroy.
4. The Initial Study was independently reviewed by City stafl; and this Negative Declaration
reflects the independent judgement of the City of Gilroy.
Mitigation Measures:
1. The project shall be designed in accordance with earthquake design regulations of the
Uniform Building Code, subject to the review and approval of the City Building Division.
2. A soils investigation shall be prepared for the project by a qualified soils engineer. The
recommendations of the soil investigation shall be incorporated into the final improvement
plans and shall be reviewed and incorporated into the final improvement plans and shall be
reviewed and approved by the City Engineering Division prior to approval of the final map.
The purposes of the soils investigation are to determine the exact soil characteristics and
limitations on the site, and to recommend appropriate engineering specifications for
development of the site.
3. The design and construction of all storm drainage improvements serving the project site
shall be provided by the developer, subject to review and approval by the City Engineering
Division. These design plans shall include, but not be limited to:
a. Applicable storm water source and treatment-based best management practices, applied
and maintained, as recommended in the California Storm, Water Best Management
Practice Handbook.
b. Provisions for periodic sweeping for roadways, driveways, and parking areas on the
project site.
c. A design to reflect the City's Storm water Master Plan.
d. Paved areas that are designed to minimize drainage that is channeled to one location.
Pathway paving shall be kept to a minimum and shall be porous in nature wherever
feasible.
e. Drainage facilities shall be designed and installed to collect and transport the natural
flows in the hillside away from the streets and buildings and into approved drainage
structures.
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Preliminary Negative DeclarationtrM 95-05
Page 3
12/27/95
4. Developers shall pay the appropriate storm drain development fees, subject to review by the
City Engineering Division, prior to building permit issuance.
5. The developer shall apply for and obtain a General Permit/or Storm Water Discharges
Associated with Construction Activity by submitting a completed Notice ofIntent (NO!)
form and appropriate payment to the State Water Resources Control Board prior to the
issuance of a building permit. Further, the developer shall be required to comply with the
terms of this permit during and after construction of the project. These terms include, but
are not limited to, the following:
The use of water quality controls (i.e., Best Management Practices) both during and
after construction, for example:
a. Design project to focus on minimizing directly connected impervious surfaces, to
provide for slowing of storm water flows and increasing recharge potential;
b. Stabilizing denuded areas prior to the wet season (October I through May I);
c. Limiting construction access routes and stabilizing access points;
d. Protecting adjacent properties with sediment barriers, dikes or mulching;
e. Using proper construction material and construction waste storage, handling, and
disposal practices;
f. Protecting outdoor storage materials from drainage with berms and roof covers;
g. Using appropriate landscape controls (irrigation an~ application of fertilizers,
herbicides and pesticides); and
h. Installing structural storm water treatment controls such as wet ponds, swales,
vegetated filter strips, extended detention basins and sand filters.
6. For exterior noise control, the developer shall construct an acoustically effective barrier
along the property line contiguous with Monterey Road. The barrier shall be sufficient to
reduce future sound levels to those enforced by City ordinance. The barrier shall extend
from the side of the residence at Lot 1 to the comer of the property line at Lot 26. The
acoustically-effective barrier could include a combination ofberming and a wall. To prevent
flanking noise, the barrier shall continue along the south property line.
The barrier shall be identified on the final map and the design of the wall included in the final
improvement plans. They shall be subject to review and approval by the Planning Division
prior to approval of the final map.
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Preliminary Negative DeclarationtrM 95-05
Page 4
12/27/95
7. For interior noise control, all windows on second floors and unshielded first floor living
spaces of homes within 3 I 5 feet of the centerline of Monterey Road, and with a direct or
side view of the roadway, shall remain closed at all times. At spaces within the 92 feet of
the centerline of the road, install window rate minimum Sound Transmission Class (STC)
33. At spaces between 92 feet and 315 feet of the centerline of the road, install windows
rated minimum STC 28. All other windows of the project, including bathroom windows,
may have any type of glass.
Alternatively, the STC 28 windows specified above to be maintained and closed may be kept
open 50 percent of the time for natural ventilation, however, they must be fitted with
windows rated minimum STC 37.
When windows are maintained closed for noise control, some type of mechanical ventilation
to assure a habitable environment should be provided. The mechanical ventilation
requirements are specified by the Uniform Building Code.
The windows specified to be maintained closed are to be operable, as the requirement does
not imply a "fixed" condition. All other windows and all bathroom windows may have any
type of glazing and may be kept opened as desired unless the bathroom is an integral part of
a living space without a closable door, such as is sometimes found in a master bedroom
suite.
8. Final improvement plans shall include a vegetation plan. The vegetation plan shall be
prepared with the intent of shielding the barrier, paying special attention to the location
where the future and existing acoustical barriers will meet. Electrical service and a two-inch
water service shall be provided to the landscaped area. This vegetation plan shall be subject
to review and approval by the Gilroy Planning Division, prior to approval of the final map.
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9. The developer shall either fund or provide a funding mechanism for the maintenance of the
acoustically effective barrier and landscaping. The proposal for the funding mechanism shall
be subject to review and approval by the Gilroy Planning Division, prior to approval of the
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final map.
10. Prior to development of the site, the developer shall pay required City of Gilroy Public
Safety impact fees.
11. The developer shall provide statutory impact fees to the Gilroy Unified School District.
12. Prior to development of the site, the developer shall pay required City of Gilroy Parks and
Recreation impact fees.
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Preliminary Negative Declaration/TM 95-05
Page 5
12/27/95
13. All on-site wells shall be permanently capped in compliance with the standards set forth by
the Santa Clara Valley Water District and the City Engineering Division prior to the
issuance of a building permit.
14. The design of all sewer line improvements serving the project site shall be provided by the
developer, subject to the review and approval of the City Engineering Division.
15. The design of all stonn drainage improvements serving the project site shall be provided by
the developer, subject to the review and approval of the City Engineering Division.
16. Ifarcheological resources or human remains are discovered during 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. This wording shall be incorporated into any
permits issued for construction of the proposed project.
Date Prepared: December 27, 1995
End of Review Period: January 22, 1996
Date Approved By City Council: At'R1J.../5,1'f'1~
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 96 27
is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
6th
day of
Mav
19~,
Official Seal of the City of Gilroy this
19 96.
9th
day of
Mav
(Seal)