Resolution 1997-50
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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
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RESOLUTION 97-50
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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
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RESOLUTION 97-50
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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
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-;Z-
RESOLUTION 97-50
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Exhibit A
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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
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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
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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.
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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
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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
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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
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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
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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)