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Resolution 1997-50 e e RESOLUTION NO. 97-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 97-01, A TENTATIVE MAP WITH RESIDENTIAL LOTS ON APPROXIMATELY 5.42 ACRES LOCATED EAST SIDE OF WREN AVENUE BETWEEN RONAN AVENUE AND FARREL AVENUE, APN 790-16-070, 072 WHEREAS, Greg Mussallem ("Applicant" ) submitted ™ 97-01, requesting Tentative Map approval in order to subdivide a 5.42 acre parcel zoned Rl (Single Family Residential) into 36 single family lots and one duplex lot; and WHEREAS, the property affected by TM 97-01 is located east side of Wren Avenue between Ronan Avenue and Farrell Avenue, as described on the location map attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA") an Initial Study was prepared for this project which identified potentially significant effects on the environment, however the Applicant has agreed to individual mitigation measures which will avoid or mitigate the effects to a point where there is no evidence that significant impacts will occur; and WHEREAS, in accordance with CEQA a Negative Declaration with 11 mitigation measures and a mitigation monitoring program has been prepared; and WHEREAS, the Planning Commission held a duly noticed public hearing on July 31, 1997, at which it considered this proj ect and voted to recommend adoption of the Negati ve Declaration as completed in compliance with CEQA and reflecting the independent judgment of the City and recommended approval of 18~ this project to the City Council with ~ conditions set forth in the staff report for the proj ect dated July 23, 1997 that is attached hereto as Exhibit B, and which is incorporated herein by this reference; and IKBAI349771.01 75-082504706002 -1- RESOLUTION 97-50 e e WHEREAS, the City Council held a duly noticed public hearing on August 4, 1997, at which public hearing the City Council considered the public testimony and other documentation on the project; and WHEREAS, the location and custodian of the documents or other material which constitute the record of proceedings upon which this project approval 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; and 3. There is no substantial evidence that the project as mitigated may have a significant effect on the environment. 4. The City Zoning Ordinance allows for duplexes to be built within R1 districts when all of the following conditions exist: (a) The duplex dwelling shall be located on a corner lot only; and (b) The corner lot shall have a minimum area of eight thousand square feet and be so designated for a duplex unit on a tentative and final map; and (c) The duplex shall not increase the overall density within any given land subdivision beyond the maximum of seven and one forth dwelling units per net acre. \KBA\349771.01 75-082504706002 -2- RESOLUTION 97-50 e e B. The Negative Declaration is adopted as completed in compliance with CEQA and reflecting the independent judgment of the City, and the mitigation/monitoring program as modified by the City Council as shown in Exhibit C attached hereto and incorporated herein by this reference, is adopted. C. TM 97-01 should be and hereby is approved, subject to '8 (l,(' the P conditions set forth in the staff report dated July 23, 1997. PASSED AND ADOPTED this 2nd day of September, 1997 by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROWLISON, SPRINGER, VALDEZ, ROGERS NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: On/Z(~' Uf!/l/) De5nnie Rogers ,~R PRO TEM ATTEST: ~, . -~ RHONDA PELLIN, City Clerk IKBA1349771.01 73-082504706002 .3~ -;Z- RESOLUTION 97-50 Z LLJ IIU 0 r: 1 ~ ". [[ffi]j IITI1J Exhibit A ~ ~u... offUI ~; 'all'~ ~.j .,' _,.'-~l .."..,.,... .. '';' I _f"o:~ - t:.xniDit B Comm-unity ,Development Departlllent Planning Division Staff Report FILE NUMBER: APPLICANT: LOCATION: STAFF PLANNER: July 23, 1997 TM 97-01 Greg Mussallem Property fronting the east side of Wren Avenue between Ronan Avenue and Farrel Avenue. Bryan Stice REOUESTED ACTION: The applicant requests Tentative Map approval in order to create 36 single-family lots and one duplex lot on a 5.42 acre lot. DESCRIPTION OF PROPERTY: Parcel No.: Parcel Size: Flood Zone: 790-16-070,072 5.42:1: net acres (7.57:1: gross acres) liB" Panel # 060340 0001 C Date: 10-06-81 LOMR 8-31-95 STATUS OF PROPERTY: Existing Land Use Undeveloped Land General Plan Designation Residential Low Density Zoning Rl' STATUS OF SURROUNDING PROPERTY: Existing Land Use N: Water District Channel . S: Single Family Residences E:. Undeveloped Land Single Family Residences W: Undeveloped Ranch Land Single Family Residences General Plan DesiWlation Park/Public Facility Residential Low Density Residential Low Density Residential Low Density Residential Low Density Residential Low Density Zoning PF Rl Al Rl Al RI 1M 97-01 2 7/23/97 CONFORMANCE OF REOUEST WITH GENERAL PLAN: The proposed project conforms to the land use designation for the property on the General Plan map, and is consistent with the intent of the text of the General Plan Document. This project also conforms with the policies of Gilroy's General Plan. The following examples demonstrate this compliance: Urban Development and Community Design (Section IT): Policy 3: "Urban Development will only occur within the incorporated portion of the Planning Area. Land will therefore be annexed to the City before final development approval is given. " Policy 4: "The City will phase development in an orderly, contiguous manner in order to maintain a compact development pattern to avoid premature investment for the extension of public facilities and services. New urban development will occur in areas where municipal services are available and capacity exists prior to the approval of development in areas which would require major new facility e;x;pansion. The proposed project is in conformance with these policies, because this property is close to developed residential property, and mwticipal se.rvices are currently available near this site. ENVIRONMENTAL IMPACTS: NEGATIVE DECLARA nON An Expanded Initial Study was prepared for the proposed project by the City's independent environmental consultant (EMC Planning Group) in June, 1997. The study was completed in compliance with CEQA and reflects the independent judgement of the City. The study identified potentially significant effects on the environment, however, the applicant has agreed to individual mitigation measures which will avoid or mitigate the effects to a point where no significant impacts will occur. The Initial Study was circulated for a 30-day period ending 7-14-97, with the City receiving two written responses (see attachment "A"). The City's independent environmental consultant (EMC Planning Group) addressed each comment with a recommended action and/or addendum statement to the Initial Study (see cover letters from the EMC Planning Group dated 7-21-97). A Negative Declaration (attached, dated 6-16-97) with 11 mitigation measures has been prepared. No revisions to the Negative Declaration were necessary as a result of the comments received. A Mitigation Monitoring Program is also attached (attachment "B "). There is no substantial evidence that the proposed project may have a significant effect on the environment. RDO BACKGROUND: The applicant (Greg Mussallem) received Residential Development Ordinance (RDO) approval for the subject project during the 1996 competition (RD 96-03). The project received complete buildout approval for 38 units, out of a total of 38 units requested. ROO approval enables the applicant to develop the units over a two- year period (18 wtits in 1998 and 20 units in 1999). TM 97-01 3 7/23/97 ANALYSIS OF REQUEST: The applicant requests Tentative Map approval in order to.subdivide a 5.42:1: acre parcel into 36 single family' "lots and one (1) duplex lot. The project site is located in the northern portion of the City, along the east side of Wren Avenue between Ronan Avenue and Farrel Avenue. The project site is directly adjacent to an existing <;lrainage channel located along the north property bOl.mdary. Multi-family residential units are currently under construction along Wren Avenue further to the north. Several existing single-family residential dwellings are located to the south. If approved, this Tentative Map will create 36 single-family-residentiallots, ranging from 6,000:1: to 7,578:1: square feet. The proposed duplex lot will total 8,014:1: square feet. Section 10.30 (footnote #3) of the City Zoning Ordinance allows for duplexes to be built within Rl districts when all of the following conditions exist: (1) The duplex dwelling shall be located on a corner lot only; and (2) The comer lot shall have a minimum area of eight thousand (8,000) square feet and be so df!Signaied for a duplex unit on a tentative and final map; and (3) The duplex shall not increase the overall density within any given land subdivision beyond the maximum of seven and one-fourth (7.25) dwelling units per net acre. The proposed development will ultimately consist of38 dwelling units. The Rl (Single Family Residential) zoning district allows amaximwn density of7.25 mUts per net acre. Buildout of the 38 units on the 5A2-acre project site will establish a density of7.01 mUts per net acre. Therefore, development of the project site will not exceed the maximum allowable density for the R1 (Single Family Residential) zoning district. Primary and secondary access to the project site win be provided from Wren Avenue, a General Plan arterial street Access to within the interior of the project site will be provided by a proposed local street which begins at, and loops back to Wren Avenue. Full street, sidewalk, curb, and gutter improvements will be developed in accordance with City standards and provided by the developer during each phase of construction. This development and all.developments adjacent to drainage channels are subject to compliance with the City's Drainage Channel, and Utility Corridor Development Policy. Following are two key components of this policy: 1. Developments shall encourage access to andfrom drainage channel trails alld utility corridors, and promote utilization of these trails. Note: The subject drainage channel is located with the jurisdiction of the Santa Clara Valley Water District Although staff and the applicant agreed on plans which enabled access to the channel's levy, the District would not support any such plans at this time. Should the District reverse its policy, access could be achieved at a later time. Whenever a residential subdivision is proposed to abut a drainage channel or utility corridor, the design of the project shall attempt to eliminate any potential conflicts. This design may illclude buffers, such as streets, parking lots and common open space areas. Note: Full street, curb and gutter improvements will be provided by the applicant along the north property boundary, which interfaces with the Santa Clara Valley Water District property. The provision of full street improvements enables a buffer to exist between the proposed subdivision and existing water channel, thus minimizing potential conflicts. As submitted,. this request i~ .,. S:llp~taIltially ,90Ils.i~erltwi$the, J)raillage,. Chqrzrz'11"fl1j~ (!~*f}' "Co.r.ridpr Development Policy. . ., .",. ... . " . 2. TM 97-01 4 7/23/97 A noIse analysis was performed as a part of the Initial Study. Results of the analysis indicate that portions of the project site will require noise attenuation structures to off-set any noise impacts. Specific designs for the noise attenuation barrier are required to be submitted during the Architectural & Site Review process as a condition of approval. The subject Tentative Map is consistent with the intent of the City's General Plan text, Zoning Ordinance, and Subdivision and Land Development Code. Furthermore, this Tentative Map is consistent with the approved RDO application applying to this site (RD 96-03). The actual design of individual homes and specific. grading. improvements will be addressed through the City's Architectural & Site Review approval process. STAFF RECOMMENDA nON: Staff recommends that the Planning Commission forward a recommendation of a,pproval of this request to the City Council for the following reasons: A. The proposed tentative map is consistent with the intent of the goals and policies of the City's General Plan document; B. The proposed development is consistent with the Zoning Ordinance and the City's Subdivision and Land Development Code; C. Public utilities and infrastructure improvements needed in order to serve the proposed project are located immediately adjacent to the project site; D. There will be no significant impacts as a result of this project due to the required mitigation measures to be applied; . E. The proposed Tentative Map is consistent with the approved ROO application applying to this site (RD 96- 03); and F. The proposed Tentative Map is substantially consistent with the City's Drainage Channel, and Utility Corridor Development Policy. ISSUES AND CONCERNS ASSOCIATED WITH THE GRANTING OF THIS REQUEST: · The proposed subdivision is located near a significant noise source and must attenuate the noise with an approved noise barrier. (The significance of this issue is reduced since the noise barriers can be constructed of wood materials resembling a normal fence) In addition. Staff recommends the following conditions be placed on the grantin~ of this request: 1. MITIGATION lVIEASURES #1 THROUGH #11, contained within the Negative Declaration, dated 6-16-97 shall be applied to the approval of the project in order to reduce and/or mitigate all potential significant impacts to a level of insignificance, as required under the California Environmental Quality Act (CEQA). 2. The developer shall obtain Architectural & Site Review approval for the project site, subject to review and approval by the Planning Division. 3. The developer shall construct a duplex on lot 17 following, subject to review and approval by the Plannirig Division. . ....' "': .. .....' . .." '. .. ~ r...' .'0;,..' 4. Specific designs for the noise attenuation barrier shall be subnutt~d by the developer'.dui1ng the Architectural & Site Review process, subject to review and approval by the Planning Division. TM 97-01 5 7/23/97 5. An all-weather access road, not less than 20 feet in width, for fire engines shall be provided before commencing any combustible construction. Fire hydrants shall also be installed and maintained before combustible construction begins, to meet the approval of the Building, Life, & Environmental Safety Division. 6. Hydrant locations and water main sizing shall be approved by the Building, Life, & Environmental Safety Division, prior to building permit issuance. 7. Dead-end access roads, in excess of one hundred fifty (150) feet in length, shall enable fire engines to turn around. Turning radii shall not be less than thirty-nine (39) feet, subject to the revie,:" and approval of the Building, Life, & Environmental Safety Division. 8. The developer shall provide adequate dual access for each phase development to meet the approval of the Building, Life, & Environmental Safety and Engineering Divisions. 9. All utilities to, through, and on the site shall be installed underground in accordance with the Gilroy Code Section 21.120, subjed to the review and approval by the Engineering Division. 10. All grading operations and soil compaction activities shall be per the approved soils repon and shall meet with the approval of the City Engineer. 11. Street improvements and the design of all storm drainage, sewer and water lines, and all street sections and widths shall be subject to the review and approval of Engineering Division. All utilities to, through, and on the site shall be constructed underground, in accordance with Municipal Code Section 21.120, subject to the review and approval of Engineering Division. 12. All street improvements are to be done per City of Gilroy standards and approved by the City Engineer. 13. Final improvement plans are subject to review by Santa Clara Valley Water District and review and approval by the Engineering Division. 14. For the necessary off-site dedications to the City of Gilroy required by the roadway and/or utility main design, the developer shall pay all the costs of any land purchase for the ultimate right-of- way and easements. The developer shall, within 21 days after City Council approval of the Tentative Map, deposit the estimated cost of all condemnation expenses with the City of Gilroy's Community Development Department. All costs of the condemnation procedure shall be paid for the developer. All easements and right-of-ways must be dedicated and/or deeded to the City of Gilroy befote Final Map approval. 15. The developer shall pay all the costs of any land purchase for the ultimate right-of~way and easements and secondary access. The developer shall, within 21 days after City Council approval of the tentative map, deposit the estimated cost of all condemnation expenses with the City of Gilroy's Engineering Division. All easements and rights-of-way must be dedicated and/or deeded to the City of Gilroy prior to final map approval. 16. Subdivider shall defend, indemnify, and hold harmless the City, its City Council, Planning Commission, agents, officers, and employees from any claim, action, or proceeding against the City or its City Council, Planning Commission, agents, officers, and employees to attack, set aside, void, or annul an approval of the City, City Council, Planning Commission, or other . board, advisory agency, or legislative body concerning this subdivision. City will promptly ,,<, ,.,;.:,.. u, notify the subdivider of any claim, action, or proceeding against it, and will cooperate fully in the defense. This condition is imposed pursuant to California Government Code Section 66474.9. TM 97-01 6 7/23/97 17. Unless this project is exempt from the application of City's Residential Development Ordinance ("ROO ") (City Zoning Ordinance Sections 50.60 et seq.), no building permit shall be issued in connection with this project if the owner or developer of such development (i) is not in compliance with the RDO, any conditions of approval. issued in connection with such development or other City requirements applicable to such development; or (ii) is in default under any agreement entered into with the City in connection with such development pursuant to the RDO. ;i& William F aus Planning Division Manager Attachments At their meeting of August 4, 1997, the City Council, by a vote of 5-0-1 (Rogers absent), took the following two actions: 1. Adopted a Negative Declaration and Mitigation Monitoring Program for TM 97-01, excluding mitigation measures #5, 8, and 9; and 2. Approved TM 97-01 with an added condition of approval #18 which reads as follows: #18 :rhe northerly :face-o:f-aurb shal.l be t:Yo (2) :feet :from the northerly property bounda2:y, subject to review and approva.l by the Santa Clara Val.ley Water District and the City o:f Gilroy Engizleer:ing Division. f:.xn I 0 It\,.; Community Levelopment DelJartment Planning Division Negative Declaration City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 (408) 848-0440 City File Number: TM 97-01, Project Description Name of Project: Nature of Project: Pan Tempo Subdivision The proposed project consists of a tentative subdivision map application for 36 single-family residential lots and one (1) duplex lot The proposed subdivision would ultimately result in the construction of38 low density residences, roads, sidewalks, utilities, and other typical subdivision improvements on the site.. Project Location Location: East of Wren Avenue, between Ronan Avenue and Farrell Avenue, south of a Santa Clara V alley Water District channel. 790-16-070, 072 . Assessor's Parcel #: Entity or Person(s) Undertaking Project Name: Address: Mr. Greg Mussallem 8339 Church 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 Division, 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. envirorunent. Negative Declaration TM 97-01 .2 6/16/97 (revised 8/04/97) The following reasons will support these findings: 1. The proposal is alogical component of the existing land use of this area. . 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 Gilroy General Plan. 4. The Initial Study was independently reviewed by City staff, 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, s~bject to review and approval by the Gilroy Building Division. . 2 A soils investigation shall be prepared for the project by a qualified soils engineer. The recoInmendations of the soils investigation shall be incorporated into the final improvement plan 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 shall include, but not be limited to: A. Paved areas shall be designed to minimize drainage that is channeled to one location. Pathway paving shall be porous in nature, wherever feasible. B. Drainage facilities shall be designed and installed to collect and transport flows away from the streets and buildings and into approved drainage structures. C. Provisions for periodic sweeping from driveways and parking areas on the proposed project site shall be addressed. 4 The project developer shall obtain a Santa Clara Valley Water District (SCVWD) permit. Before the SCVWD permit can be issued, final site plans will need to be submitted to SCVWD for engineering review. Two sets of site plans should be submitted that show the grading, drainage, landscape, and fencing plans for the proposed project. All surface runoff from the project site shall be routed to the existing storm drain system on Wren Avenue or Ronan Avenue. Storm water from the project site shall not be discharged to Lions Creek. Review of the final site plan by the SCVWD shall take place prior to approval of the final map. . 5 Thc l-'1vjc",L JCVdVpCl :)'hcd.I lu:sl.d1 i:I. LH1ffi", :S.l!51Ic:J i:l.LLhc iJ.1tcI:sc",l1vu vfMvutclcy R.Vi:l.J i:l.uJ FClJJcH Avcuuc. Thc :sil:$ucd. :sllvulJ bc v1-'claliIl!'$ ClUJ i:I.\""'C1-'tcJ by I1c CiLy vfG.ih~y EH~ct;J.1Ul:$ Divi:sivu l-'1.lVi tv V\,,"'UPi:l.U"'y vflhc pJVje;\..L. Cv~b tv iH~Lcdll1c :Sll:$.l1cd. will be; :subje;",LLv I e;lmLuI ~cUle;uL pCI tllc Cily':; TIedt", Lupi:l.d Fe;e; PIVl:$HUU. TILe; Je;~i!511 uf I1c LLcJ!i", :sil:$ucd :)'h.d1 bc :subuuttcJ rV1 lcvle;w a.uJ i:l.1-'1-'JVval, uf thc CiLy vr G1Lvy EH~lCtallll:$ Divi:sivu 1-'liuI Lv i:S:SUi:I..l1\"e; vf i:I..l1Y pCJ.Uul. 6 Due to the possibility of adverse short-term noise impacts from construction, the following language shall be includeq in any permits issued for the project site, including, but not limited to building permits for the future development. . A. Limit noise generating construction activities to weekdays between 7 AM and 6 PM. Limit noise generating construction activities to weekends between 8 AM and 6 PM. B. Use temporary bemis or noise .attenuation barriers where feasible. Negative Declaration TM 97-01 3 6/16/97 (revised 8/04/97) 7 The project developer shall construct a 7-foot high, acoustically-effective barrier at the sides of Lots 1 and 2, the sides and rears of lots 20 and 28, and between the homes of lots 21 through 27. The developer shall construct a 6-foot high, acoustically:.effective barrier at the sides and rears of Lots 3,4, 18, 19,29 and 30. The design of the barriers shall be submitted for the review and approval by the Gilroy Planning Division and Gilroy Building Division prior to approval of the final map. .g-- The }JlUjed JCVdU}JCI :l11&1 :luLullt d.lcwJ:llji:LpC plcul with Lhc FliuJ LUpIUVCm~Hr-pians:~-The lauJ:llji:Lpt !-lIcuI :llucll Lt; pI epcucJ with thc iutt:;ut uf :lllldJllI~ tilC LCUlic1 hum Vv\t;U Avcuut;. Elc\juilj&' :lc1vi\jc CUIJ i:L Lwu-iu\,;h Wi:LtCI :lc1Vil",c slnall Le !-lluviJcJ Lu lllt;.1culJ;)lji:Lpt;J CUt;i:L. TIll:l la.uJ::il",i:L!-lt; !-llcul ::ih&.l Lc ::iutjc\jttu 1cvicw CUIJ i:L!-lPluvai Ly thc Oihuy Pla.uuill~ Divi::iiuu, }Jliullu i:L}J}JIUV& uf tht; flu&. Uli:L}J. 9 TIlt; }Jlujc\,;l JevdU!-lt;1 ::ih&.l eillu:a fUllJ UI }JluviJe i:L fWIJi.ll~ 111edullll::illl fUI lhe 1l1a.iUlt;UCUlljC ur lllc ::iuuuJ LCUlicl cwJ lcuIJ::ilji:L!-liu~. Thc PIU}JU::i&. rUl llu;; rUllJiu~ lllcdlc11ll::i1U::iII&.1 Lc ::iuLjt;ljt Lu lcvit;w CUIJ i:Lp}JIUVal Ly lilt; Gihuy PlCUllllll!S Divi::iiuu, pliul Lu Lht; i::i::iUi:L11l",t; uf i:l LuiiJlil!S }Jt;1l1lll. 10 The project developer shall insta11.windows rated minimum Sound Transmission Class (STC) 39 for living spaces within 86 feet of the centerline of the road. At spaces between 86 feet and 184 feet of the centerline of the road, the developer shall install windows rated minimum STC 33. In addition to the required STC ratings, the windows and doors shall be installed in an . acoustically-effective manner, i.e., the sliding window panels must form an air-tight seal to the outside environment when in the closed position and the window and door frames must be caulked to the wall openings around their entire perimeter with a non-hardening caulking compound to prevent sound infiltration. The design of the windows shall be submitted for the review and approval by the Gilroy Building Division prior to the issuance of a building permit. 11 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: If archaeological resources or human remains are discovered during construction, work shall be halted within 200 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: June 16, 1997 (revised 8/26/97) End of Review Period: July 14, 1997 Date Approved By City Council: Aug. 4, 1997 ~/<~ U . William&aY Planning Division Manager Note: 3lJ ikl;;uul text indicates mitigation measures removed by City COWlcil at their meeting on August 4, 1997 . ~ A Land Use Planning inci Design Firm . ATTACHMENT A July 21,1997 Mr. Bry~ Stice Gilroy Planning Division 7351 Rosanna Street. GilroY"California 95020-6141 Re: Pan Tempo Subdivision (TM 97.01) Response to Co~ments Dear Mr. Stice: . The public review period for the Pan Tempo Subdivision Initial Study and Negative Declaration ended on July 14, .1997.. During the pv:blic review period, two letters were received from the following: . . . · County of Santa Clara, Roads & Airports Department, dated July 7; 1997 This letter contains a number of requests to have traffic ir:npacts to Cotfi1.ty- maintained roads discussed. .Higgins Associates, Inc., has responded to this request in a letter, dated July 22, 1997. The letter does not include any additional mitigation measures for the proposed project. The letter is attached for your review. · Gilr?y Unified School District, Rob Corley, dated July 8, 1997 Mr. Corley acknowledged that the sidewalks bei,ng provided'on Wren Avenue, between the bridge 'and Ronan Avenue contributed to safe pedestrian travel. No response to comment is necessary. Mr. Corley <;ornmented that the proposed project impact to,Schools would not result in "Nolmpact", but would result in a "Less Than Significant Impact." We concur with this comment, and acknowledge that the impact will be less than significant because the developer will pay for any impacts to the Gilroy Unified School District with a required school impact fee, set forth by the California Government Code, and any other fees as agreed between the developer and the Gilroy l!nified School District. . 99 Pacific St ~ Suite 155 F · Monterey, CA 93940. (408) 649-.1799 Bryan Stice, Planner Gilroy Planning Division July 22, 1997, Page 2 If you have any questions regarding this letter, please contact me. I have enclosed a final invoice for this project. It has been a pleasure working with you. SinCerelY:~_ ) , ' ,/ .. Mystere Sapia Planner Enclosures County of Santa Clara letter, dated July 7,1997 Higgins Associates, Ine.,letter dated July 22, 1997 Gilroy Unified School District letter, dated July 8, 1997 Final Project Invoice ,lS05 SChallent:e~ Road San Jose. Cr\ 95l3t-:2499 14.0812'a9-2372 FAX '297~S30 . J ,... ,.,,/ ~;.. ~ :: Roads & ^irportS Deparrment . .. ,. -.. '#' . -.,. ...., ...'., ,-,.. ~ . .... . \, ; . I :., To: Bill Lee Land Development and Pemlits RECEIVED JUL 1 1 1997 From:' .~( Sadegh Sadeg.lU '7 ~! Traffic Engineering and Operations Gilroy Planning. Div. SUBJECT: GILROY FILE NO. TM97-01 WREN AVENUE @ T ATUM AVENUE (pAN TEMPO SUBDMSION) July 7, 1997 We have reviewed your transmittal letter dated June 23, 1997, along with the subject Negative Declaration Report, from the City of Gilroy, dated June 20, 1997. Our comments are as follows: 1 - Although the proposed development is along the City-maintained portion of Wren Avenue. it will have traffic impact on the County-maintained portion of Wren Avenue and also on Tatum Avenue, Vickery Avenue, a.nd Kern Avenue. The subject report has neither provided any traffic impact analysis on these roads nor suggested any mitigation. The subject report suggests no Level of Service change from the existing plus approved condition. Please note the report's traffic analysis did not include the generated traffic from other approved projects (Gilroy Garden Apartments) in the area. Therefore, the subject report should be: revised to include the above mentioned impacted County-maintain~ roads near the proposed development site. 2 - On page 2 of Appendix A of the report, under the "Traffic Analysis" description of Wren Avenue should be modified to include County-maintained portion of Wren Avenue. It should be modified as follows: the City portion of Wren Avenue is designated as an arterial in the City's general plan and currentlv the County-maintained pornon is desiqnated as local rural road in the Santa Clara County Official Road Book. Board of Sllpcrvisors: Donald F. Gi:\gc. Blanca ^l....nmdo. Pete McHugh. Ji'lmes T. Beall Jr.. S. Joseph Slmilian Coun(y ExecutiVE:: RIchard Witr!!:nlXrg ~ Therefore. based on th '''Jove findings) we recommend the foU ing revisions to the report: a- Revise the traffic analysis to include traffic impacts on the nearby County- maintained roads, as a result of the proposed development, including the existing/under construction developments. The revised report should discuss the necessary mitigation for the identified traffic impacts. b- ,Please send us a revised copy of the traffic report for our review and corrunents. Should you have any questions, please call me at 494-1335. SMS: rvj Att.achments~ PicturesIReport cc: RBP, WAB, AVJIRP. MA. MEM, AB, 8M TOTAL P.05 HIGGINS ASSOCIATES. Ir- ~,. C~V~1L ~ ijlMrFrF~C IEINlGaNIEIE~S 1335 First Street, Suite A . Gilroy, CA 95020 . 408 848-3122 . fax 408 848-2202 . e-mail info@kbhiggins.com July 22, 1997 Mystere Sapia EMC Planning Group P.O. Box 414 Monterey, CA 93942 RE: Pan Tempo Dear Mystere, This letter documents our response to comments received by the City of Gilroy from the County of Santa Clara Roads and Airports Department concerning the traffic study prepared for the Pan Tempo Subdivision project. The traffic study for the project is documented in a Aprii 1997 report entitled Pan Tempo Subdivision Traffic Analysis Report. Comments from the. Roads and Airport Department are documented in a July 7,1997 memorandum from Sadegh Sadeghi to Bill Lee. Responses to the comments from the County of Santa Clara Roads and Airports Department are presented below. RAn Comment 1 "Although the proposed development is along the City-maintained portion of Wren A venue it will have traffic impact on the County-maintained portion of Wren Avenue and also on Tatum Avenue, Vickery Avenue, and Kern Avenue. The subject report has neither provided any traffic impact analysis on these roads nor suggested any mitigation. The subject report suggests no Level of Service change from the existing plus approved condition. Please note the report's traffic analysis did not include the generated traffic from other approved projects (Gilroy Garden Apartments) in the area. Response The project will add an estimated 28 trips during the AM peak hour and 38 tJ;ips during the PM peak hour to the local road network. As documented in the traffic analysis report, this additional traffic is not anticipated to significantly impact traffic operations at the study intersections. WPWIN\97037RSP. TXT Mystere Sapia July 22, 1997 Page 2 Twenty-seven projects approved for development in the Gilroy area were modeled for the Existing Plus Approved Projects condition. These projects are listed on Exhibit 9 and are located on Exhibit 8 of the traffic analysis report. The list of approved projects includes the Gilroy Park Apartment project which is located on Farrell Avenue'immediately east of the proposed project. The Gilroy Park Apartment project is currently under construction. The trip generation for the Gilroy Park Apartment project is listed on Exhibit 9 of the traffic analysis report as Project 17. According to City planning staff, there are no other approved projects located along Tatum Avenue, ViCkery Avenue, Wren Avenue and Kern Avenue north of Mantelli Drive. We will revise the traffic study to include approved or cumulative projects that City and/or County staff identify that are located on these roadways that aren't included in the list of approved projects documented in the traffic study. Wren Avenue continues north of Farrell Avenue, but terminates at Vickery Avenue. Vickery Avenue provides an east-west connection between Wren Avenue and Kern Avenue, which also currently terminates at Vickery Avenue. Given the configuration of the road network, very few, if any, project generated trips and trips from approved projects are expected to utilize Wren Avenue north of Farrell Avenue until this link is extended to the north to Day Road. Therefore, the proposed project will not impact Wren Avenue north of Farrell Avenue and Vickery Avenue. There are no plans to extend Wren A venue to the north at this time. It is anticipated that the extension and widening of Wren Avenue to its ultimate width will be accomplished in conjunction with the development of parcels adjacent to Wren Avenue. Traffic operations on Wren Avenue north of Farrell Avenue are documented in the traffic swdy. For all analysis conditions, LOS A operations are projected for this link except the General Plan buildout condition. With General Plan buildout widening of Wren Avenue north of Farrell Avenue to a four-lane arterial is recommended. Tatum Avenue is a two-lane local road that extends between Wren Avenue and Kern A venue. This link could potentially be utilized by project traffic and other traffic generated in the area for circulation between Kern Avenue and Wren Avenue. However, Mantelli Drive is constructed to a four-lane cross-section and should be the predominate facility utilized for east-west circulation in the area. Therefore, the contribution of traffic from the proposed project to Tatum Avenue should be not be significant. WPWIN\97O'J7RSP, TXT Mystere Sapia July 22, 1997 Page 3 RAn Comment 2 "On page 2 of Appendix A of the report, under the "Traffic Analysis" description of Wren Avenue should be modified to include County-maintained portion of Wren Avenue. It should be modified as follows: the City portion of Wren Avenue is designated as an arterial in the City's general plan and currently the County-maintained portion is designated as local rural road in the Santa Clara County Official Road Book. Response Comment acknowledged. SnmmSlry Comments "Therefore, based on the above findings, we recommend that following revisions to the report: a- Revise the traffic analysis to include traffic impacts on the nearby County- maintained roads, as a result of the proposed development, including the existing/under construction developments. The revised report should discuss the necessary mitigation for the identified traffic impacts. B- Please send us a revised copy of the traffic report for our review and comment. " Response Impacts to Wren Avenue north of Farrell Avenue are documented in the traffic analysis report. The project should not contribute a significant volume of trips to Wren A venue north of Farrell Avenue until Wren Avenue is extended to the north, which is not currently scheduled for completion. The project's contribution to traffic on Tatum Avenue should also be minimal because Mantelli Drive should be used by most traffic in the area for east- west circulation. Therefore, project impacts to County-maintained roads will be insigni ficant. Gilroy planning staff was consulted with regards to the list of approved projects that was utilized to model the Existing Plus Approved Projects condition. It is our understanding that the list of approved projects listed on Exhibit 9 of the traffic analysis report is an WPWIN\97037RSP. TXT Mystere Sapia July 22, 1997 Page 4 accurate list of approved projects for the project area and includes projects that are currently being constructed. Traffic from the apartment project being constructed immediately east of the proposed project was included in the Existing Plus Approved Projects traffic forecasts. Please 'call me if you have any questions concerning this information. Sincerely, Dd--^~ (A,~ j. Daniel Takacs, TE Principal Associate WPWIN\97037RSP. TXT Rob Corley, Consultar+ . Representing Califomia school.... Jtricts in the areas of school facility planning, . land use intervention and impact mitigation analysis .2 McGrath Street Suite 310 Ventura, California' 93003-7721 FAA (805) 658-64331 (805) 658-2995 July 8, 1997 RECEIVED Bryan Stice Planning Division, Community Development Department City of Gilroy 7351 Rosanna Street Gilroy, California 95020 JUL 1 4 1997 Gilroy Planning Dtv. SUBJECT: Initial Study: TM 97-01 (Pan Tempo Subdivision) Dear Mr. Stic;e, Thank you for consulting with the Gilroy Unified School District concerning this Initial Study. Comments are listed below. 1. Transportation/Circulation (paae 3-3) This project will provide sidewalks on Wren Avenue between the bridge and Ronan Avenue. This is an important contribution to safe travel for children and young people living in this project as well as the new apartments and the Alderwood subdivision to the north. 2. School Facilitv Impacts The Initial Study states that the 37 home project will have "No Impact" on schools. The Initial Study should state that the project will have a "Less Than Significant Impact" by citing the developer's agreement with the Gilroy Unified School District to mitigate impacts above the level required by the California Government Code. If you have any further questions, please contact me at (805) 658-2995. 126 ct . Rob Corley ( Consultant to the Gilroy Unified School District cc: GUSD ~,.,.... . )ATTACHMENT B Pan Tempo Subdivision Initial Study Mitigation Monitoring Program & Checklist Mitigation Monitoring Checklist A Prior to approval of the Final Subdivision Map, the following mitigation measures shall be implemented: Mitigation Nature of Mitigation Parly Responsible Party Measure for Responsible Number Implementation for Monitorinl! 2 A soils investigation shall be prepared for the project by a Developer Gilroy qualified soils engineer. The recommendations of the Building soils investigation shall be incorporated into the final Division improvement plan prior to approval of the final map. Th~ purposes of the soils investigation are to detennine 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 Developer Gilroy improvements shall include, but not be limited to: Engineering Division A Paved areas shall be designed to minimize drainage that is channeled to one location. Pathway paving shall be porous in nature, wherever feasible. B. Drainage facilities shall be designed and installed to collect and transport flows away from the streets and buildings and into approved drainage structures. C. Provisions for periodic sweeping from driveways and parking areas on the proposed project site shall be addressed. 4 The project developer shall obtain a Santa Clara Valley Developer Santa Clara Water District (SCVWD) permit. Before the SCVWD Valley Water permit can be issued, final site plans will need to be District - submitted to SCVWD for engineering review. Two sets Community of site plans should be submitted that show the grading, Projects drainage, landscape, and fencing plans for the proposed Review Unit project All surface nmofffrom the project site shall be routed to the existing storm drain system on Wren A venue or Ronan A venue. Storm water from the project . site shall not be discharged to Lions Creek. Review of the final site plan by the SCVWD shall take place prior to approval of the final map. .EMC Plannu,g Group Inc. D-3 Mitigation Monitoring Program & Checklist Pan Tempo Subdivision Initial Study 7 The project developer shall construct a 7 -foot high, acoustically-effective bailier at the sides of Lots 1 and 2, the sides and rears of lots 20 and 28. and between the homes oflots 21 through 27. The developer shall construct a 6-foot high, acoustically-effective bailier at the sides and rears of Lots 3, 4, 18, 19,29 and 30. The design of the bailiers shall be submitted for the review and approval by the Gilroy Planning Division and Gilroy Building Division prior to approval of the final map. Developer Gilroy Building Division Gilroy Planning Division ,;,'{>s. i;.;<(.l ~. >.. D-4 'Ill,':' EMC Planning Group [nc; Pan Tempo Subdivision Initial Study Mitigation Monitoring Program & Checklist Mitigation Monitoring Checklist B Prior to issuance of a Building Permit, the following mitigation measures shall be implemented: Mitigation Measure Number Nature of Mitigation Party Responsible for Implementation Party Responsible for Monitoring The project shall be designed in accordance with earthquake design regulations of the Unif{)rm Building Code, subject to review and approval by the Gilroy Building Division. The project developer shall install a traffic signal at the . onterey Road and Farrell Avenue. The accepted by the . Developer Gilroy Building Division lty'S Traffic Impact Fee progr the traffic signal shall be submitted for ew and approval, of the City of Gilroy Engineering Division prior to issuance of any permit. 6 Due to the possibility of adverse short-term noise impacts from construction, the following language shall be included in any permits issued for the project site, including, but not limited to building pennits for the future development. Developer City Building Division City Planning Division A. Limit noise generating construction activities to weekdays between 7 AM and 6 PM Limit noise generating construction activities to weekends between 8 AM and 6 PM B. Use temporary berms or noise attenuation barriers where feasible. reYlew and approval by the ivision, prior to the issuance of a EMC Planning Group Inc. D-5 Mitigation Monitoring Program & Checklist Pan Tempo Subdivision Initial Study 10 The project developer shall install windows rated Developer Gilroy . minimum Sound Transmission Class (STC) 39 for living Building spaces within 86 feet of the centerline of the road. At Division spaces between 86 feet and 184 feet of the centerline of the road, the developer shall install windows rated minimum STC 33. In addition to the required STC ratings, the windows and doors shall be installed in an acoustically-effective manner, i.e., the sliding window panels must form an air-tight seal to the outside environment when in the closed position and the window and door frames must be caulked to the wall openings around their entire perimeter with a non- hardening caulking compound to prevent sOWld infiltration. The design of the windows shall be submitted for the review and approval by the Gilroy Building Division prior to the issuance of a building pemut. "- 11 Due to the possibility that significant buried cultural Developer Gilroy resources might be fOWld during construction, the Planning following language shall be included in any permits Division issued for the project site, including, but not limited to building permits for the future development, pursuant to the review and approval: ~:,..: If archaeological resources or human remains are discovered during construction, work shall be halted within 200 feet of the find Wltil 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. - D-6 EMC Planning Group Inc. I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 97-50 is an original resolution, duly adopted by the Council ofthe City of Gilroy at a regular meeting of said Council held on the 2nd day of September, 1997, 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 24th day of September, 1997. ~ City Clerk of the City of Gilroy (Seal)