Resolution 1997-55
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RESOLUTION NO. 97-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING TM 97-02, A VESTING
TENTATIVE MAP WITH RESIDENTIAL LOTS ON
APPROXIMATELY 3.22 ACRES FRONTING THE EAST
SIDE OF MESA ROAD AND BACKING THE WEST SIDE
OF SANTA TERESA BOULEVARD, BETWEEN NICOLE WAY
AND DAWN WAY, APN 810-29-021, 810-30-037,
038 (PARTIAL)
WHEREAS, Albert Fortino ("Applicant") submitted TM 97-
02, requesting Vesting Tentative Map approval in order to
subdivide a 3.22-acre parcel into eight single-family lots and one
remainder lot zoned R1 (Single Family Residential); and
WHEREAS, the property affected by TM 97-02 is located
fronting the east side of Mesa Road and backing the west side of
Santa Teresa Boulevard between Nicole Way and Dawn Way; and
WHEREAS,
pursuant to the California Environmental
Qualify 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 no significant impacts will occur; and
WHEREAS, in accordance with CEQA a Negative Declaration
with 9 mitigation measures and a mitigation monitoring program has
been prepared; and
WHEREAS, the Planning Commission held a duly noticed
public hearing on August 4, 1997, at which it considered this
project and voted to modify mitigation measure #3 as is set forth
in the staff report dated August 28, 1997 (revised September 9,
1997) attached hereto as Exhibit A and to recommend adoption of
the Negative Declaration and modified Mitigation Monitoring
Program as completed in compliance with CEQA and reflecting the
independent judgment of the City and further recommended approval
\KBA\352247.01
71-091804706002
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RESOLUTION NO. 97-55
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of this project to the City Council with 13 conditions as set
forth in the revised staff report for the project dated
September 9, 1997 that is attached hereto as Exhibit A; and
WHEREAS, the City Council held a duly noticed public
hearing on September 15, 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; and
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.
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 associated
therewith is adopted.
\KBA\352247.01
71-091804706002
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RESOLUTION NO. 97-55
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C. TM 97-02 should be and hereby is approved, subject to
the 13 conditions set forth in the revised staff report dated
September 9, 1997.
PASSED AND ADOPTED this 6th day of October, 1997 by the
following vote:
AYES:
COUNCILMEMBERS: GILROY, MORALES, ROWLISON,
SPRINGER, VALDEZ, ROGERS
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
Tern
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Rhonda Pellin, City Clerk
IKBA1352247.01
71-091804706002
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RESOLUTION NO. 97-55
. . . EXhibit' A
Community Development Department
Planning Division
Staff Report
FILE NUMBER:
TM 97-02
Albert Fortino
(Revised September 9,1997)
August 28, 1997
APPLICANT:
LOCATION:
Property fronting the east side of Mesa Road and backing the west side of Santa
Teresa Boulevard, between Nicole Way and Dawn Way.
STAFF PLANNER: Bryan Stice
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REOUESTED ACTION:
The applicant requests Vesting Tentative Map approval in order to create 8 single-family lots and one
remainder lot on a 3.22:1: acre parcel zoned R1 Single Family Residential.
DESCRIPTION OF PROPERTY:
Parcel No.:
Parcel Size:
Flood Zone:
810-29-021, 810-30-037, -038 (partial)
3.22:1: net acres
"0" Panel # 060340 00030 Date: 9-04-87 rev. 4-18-91
STATUS OF PROPERTY:
Existing Land Use
Undeveloped Land
General Plan Designation
Residential Low Density
Zoning
R1
STA TUS OF SURROUNDING PROPERTY:
Existing Land Use
N: Undeveloped Land
S: Single Family Residence
E: Agriculture (row crops)
W: Single Family Residences
General Plan Designation
Residential Low Density
Residential Low Density
Residential Low Density
Residential Low Density
Zoning
R1
R1
County
R1
TM 97-02
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CONFORMANCE OF REQUEST WITH GENERAL PLAN:
The proposed project conforms to the land use aesignation 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 De"elopment and COmn1uni~ Design (Section II):
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 expansion.
The proposed project is in conformance with these policies, because this property is close to developed
residential property, and municipal services are currently available near this site.
ENVIRONMENTAL IMPACTS:
NEGATIVE DECLARATION
An Expanded Initial Study was prepared for the proposed project by the City's independent environmental
. consultant (EMC Planning Group) in July, 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 Ii point where no significant impacts will occur.
The Initial Study was circulated for a 30-day period ending 8-20-97, 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 letter from the EMC Planning Group dated 8-22-97). A Negative Declaration (attached, dated 7-25-97)
with 9 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 Residential Development Ordinance (RDO) contains an exemption within Section 50.62 (b) (1), under
which the applicant proposes to develop. This exemption allows up to 6 units to be constructed per year (not
exceeding 12 units in 3 years) without competing in the RDO process.
TM 97-02
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ANALYSIS OF REOUEST:
The applicant requests Vesting Tentative Map approval in order to subdivide a 3.22:1: acre parcel into 8 single-
family lots and one (1) remainder lot. The project site is located in the southern portion of the City, along the
east side of Mesa Road between Nicole Way and DaWn Way. The Santa Teresa Boulevard corridor is directly
adjacent to the projecfs east property boundary. Existing single-family residential units are located to the west,
across from Mesa Road, as well as to the south. Agricultural uses are located further to the east.
If approved, this Vesting Tentative Map will create 8 single-family-residentiallots, ranging from 6,248:1: to
6,918:1: square feet. Proposed lots are configured side-by-side, all along the east side of Mesa Road, and will
follow the pattern established with the four previously-constructed lots to the south. If approved, development
of the lots will commence at the south end of the project site and continue north. The applicant proposes to
widen and improve Mesa Road, in conformance with its planned right-of-way, along the entire project frontage
(including remainder area). Off-site improvements will be provided by the applicant, in accordance with City
standards, and include the construction of street, curb, gutter, sidewalk (with landscaped strip), and
electroliers. .
This Vesting Tentative Map is part of a larger proposed development which will ultimately consist of 22
dwelling units. The Rl (Single Family Residential) zoning district allows a maximum density of7.25 units per
net acre. Buildout of the 22 units on the 3.22-acre project site will establish a density of6.83:1: units per net
acre. Therefore, development of the project site will not exceed the maximum allowable density for the Rl
(Single Family Residential) zoning district.
Primary and secondary access to the project site will be provided from Mesa Road, a local residential street.
Thomas Road intersects with Mesa Road and also provides access to the project site. This north/south segment
of Mesa Road originates on the north at Thomas Road and terminates on the south at Gavilan College.
NOISE ANALYSIS
A noise analysis was performed as a part of the Initial Study. Since a bermed, seven-foot-high fence or wall
(noise attenuation barrier) is proposed as part of the project, and since the Santa Teresa Boulevard roadway
is three to six feet below the proposed building grade, minimal noise mitigation is required. Results of the
analysis indicate that project site will require additional noise attenuation structures only along the south
property boundary of lot #1, and along the north property boundary oflot #22. Although no masoruy barriers
are required along the rear of the property, the Santa Teresa Corridor Task Force (STCTF) and Planning Staff
recommend a bermed seven-foot-high decorative masoruy or stucco wall to serve as a privacy fence. Noise
barriers which are shorter than the maximum seven feet are likely to be added to with a contrasting fence
material (as seen along Santa Teresa Boulevard at Thomas Road). Preliminary designs for the noise attenuation
barrier have been submitted (Attachment "C"), as requested by the STCTF.
VISUAL ANALYSIS
A visual analysis was requested by staff to evaluate the potential loss of hillside views as a result of the
proposed development. This analysis was performed as a part of the Initial Study and is contained with
"Appendix 0" of the Study. Results of the analysis indicate that development of the project site will result in
changes to viewsheds in the immediate project vicinity, and that the construction of walls or fences, at the rear
of the residential lots abutting Santa Teresa Boulevard, could have a large visual presence along the Santa
Teresa Boulevard roadway.
TM 97-02
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In light of the significant adverse aesthetic (and noise) impacts, staff has worked closely with the City's
independent environmental consultant (EMC Planning Group), the City's Development Review Group (DRG),
and the applicant to develop appropriate mitigation measures which will off-set adverse aesthetic impacts. In
addition, the City's environmental consultant has provided a list of recommended building strategies which will
minimize the project visual presence. These recommended building strategies will be incorporated into the
design of the proposed single-family dwellings during the Architectural and Site Review process, subject to
review and approval by the Planning Commission and City Council.
The subject Vesting Tentative Map is consistent with the intent of the City's General Plan text, Zoning
Ordinance, and Subdivision and Land Development Code. The actual design of individual homes and specific
grading improvements will be addressed through the City's Architectural & Site Review approval process.
SANTA TERESA CORRIDOR TASK FORCE REVIEW:
This project was reviewed by the Santa Teresa Corridor Task Force (STCTF) at their meetings of July 16, :lnd
July 21. This Task Force was authorized by City Council to assist Planning Staff with the review of planned
projects along the Santa Teresa Boulevard Corridor, in compliance with the Guidelines for Sound Attenuation
and Visual Preservation of the Santa Teresa Boulevard Corridor. The Task force worked with staff and the
applicant to incorporate sound attenuation techniques and design criteria objectives contained within the
Guidelines. Upon review of the proposed project and a subsequent field trip to the project site, the STCTF
provided the following design recommendations:
o Exclude chain-link fencing;
f9 Construct a bermed (three feet), seven-foot-high fence or wall so as to prevent future fence
"add-ons;" and
8) Landscape and irrigate the proposed berm and areas adjacent to the masonry wall.
With the incorporation of the above design recommendations, this project is consistent with the Guidelines for
Sound Attenuation and Visual Preservation of the Santa Teresa Boulevard Corridor.
PLANNING COMMISSION ACTION:
. At their meeting of August 4, 1997, the Planning Commission, by a vote of 6-0-1 (Pinheiro absent),
recommended that the City Council take the following two actions:
A. Adopt the Negative Declaration and Mitigation Monitoring Program for TM 97-02, with the
following modification to mitigation measure #3:
3) 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 permits for the fUture development. ''Noise generating construction
activities are limited to weekdays between 7 AM and u 7 PM Limit noise generating
construction activities to weekends and holidays between 8 9 AM and u 7 PM "
and...
B. Approve TM 97 -02 with a modification to condition of approval #2 which reads as follows:
2. The developer shall obtain Architectural & Site Review approval for the project site prior
to Final Map approval (in compliance with Vesting Tentative Map submittal requirements).
Plans for a minimum of tbree (3) bouse models sball be submitted, subject to review
by the Planning Division and Planning Commission, and approval by the City Council.
TM 97-02
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STAFF RECOMMENDATION:
Staff recommends that the Planning Commission forward a recommendation of approval of this request to the
City Council for the following reasons:
A The proposed Vesting 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. The proposed Vesting Tentative Map is consisterit with the Guidelinesfor Sound Attenuation and Visual
Preservation of the Santa Teresa Boulevard Corridor; and
E. There will be no significant impacts as a result of this project due to the required mitigation measures to
he applied;
ISSUES AND CONCERNS ASSOCIATED WITH THE GRANTING OF THIS REQUEST:
· The proposed subdivision is located near a significant no.ise source and must attenuate the noise with
an approved noise barrier. The construction of the proposed masonry walls could have a large visual
presence along the Santa Teresa Boulevard roadway;
· Development of the project site will result in changes to viewsheds in the immediate project vicinity.
In addition, Staff recommends the following conditions be placed on the granting of this request:
1. MITIGATION MEASURES #1 THROUGH #9, contained within the Negative Declaration, dated
7-25-97 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 prior to Final
Map approval (in compliance with Vesting Tentative Map submittal requirements). Plans for a
minimum of three (3) house models shall be submitted, subject to review by the Planning Division
and Planning Commission, and approval by the City Council.
3. No chain-linkfencing shall be constructed along any portion of the project site, subject to review
and approval by the Planning Division.
4. The developer shall install a seven-foot-high decorative masonry or stucco wall with a three-foot
berm along the east property boundary. Specific designs for the noise attenuation barrier shall be
submitted by the developer during the Architectural & Site Review process, subject to review and
approval by the Planning Division.
5. Hydrant locations and water main sizing shall be approved by the Building, Life, &
Environmental Safety Division, prior to building permit issuance.
6. All utilities to, through, and on the site shall be installed underground in accordance with the
Gilroy Code Section 21.120, subject to the review and approval by the Engineering Division.
7. Prior to Final Map approval, the developer shall provide, and indicate on the Final Map, an
easement for the long-term maintenance of the noise attenuation barrier and landscaping, subject
TM 97-02
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.8/28/97 (Revised 9/9/97)
8. All grading operations and soil compaction activities shall be per the approved soils report and
shall meet with the approval of the City Engineer.
9. 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.
10. 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 shaII, within 21 days after City Council approval of the.
Vesting 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 before Final Map approval.
J J 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 Vesting 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.
12. Subdivider shall defend, indemnify, and hold haimless 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
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.
13. Unless this project is exempt from the application of City's Residential Development Ordinance
("RDO") (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.
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William Faus
Planning Division Manager
Attachments
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T.HE
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ITE
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GAVILAN
COLLEGE
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Site Map
fo r
TM 97-02
Community ~evelopment
Planning Division.
Negative Declaration
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Department
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
(408) 848-0440
City File Number: TM 97-02
Project Description
Name of Project:
Nature ofPrQject:
Fortino Subdivision
. The proposed project consists of a tentative suhdivision map applic.ation for 8
single-family residential lots. The 8 lots are part of a larger subdivision which
would ultimately subdivide the entire 3.22-acre parcel into 22 lots. The proposed
subdivision would ultimately result in the construction of 22 single-family
residences with street, sidewalk, utility, and other typical subdivision
improvements on the site.
Project Location
Location:
Along the East side of Mesa Road adjacent to Santa Teresa Boulevard, between
Dawn Way and Nicole Way.
810-30-037,038
Assessor's Parcel #:
Entity or Person(s) Undertakine Project
Name:
Address:
Mr. Albert Fortino
P.O. Box V 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.
Findines & Reasons
The Initial Study identified potentially significant effects on the environment. However, this project has been
mitigated (see Mitigation Measures below which avoid or mitigate the effects) to a point where no significant
effects will occur. There is no substantial evidence the project may have a significant effect on the environment.
The following reasons will support these findings:
1. The proposal is a logical 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.
Draft Negative Declaration
TM 97 -02
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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.
Miti&ation Measures
1) The developer shall have a soils investigation prepared for the project by a qualified soils engineer. The
recommendations of the soils investigation shall be incorporated into the final improvement plans and shall
be reviewed and approved by the City Engineering Division prior" to approval of the Final Subdivision Map.
2) The design and construction of all storm drainage improvements serving the proposed project site shall be
provided by the developer, and will be subject to review and approval by the Gilroy Engineering Division
prior to issuance of a building permit. These design plans 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.
R Drainage facilities shall be designed and installed to collect aod transport flows away from the
streets and buildings and into approved drainage structures.
C. Provisions for periodic sweeping for driveways and parking areas on the proposed project site shall
be addressed.
3) Due to the possibility of adverse short-term noise impacts from construction, the following language shall.
he included in any permits issued for the project site, including, but not limited to building permits for the
future development "Noise generating construction activities are limited to weekdays between 7 AM and
'6 7 PM. Limit noise generating constrUction activities to weekends and holidays between '8 9 AM and
'67 PM." .
4) The developer shall construct a 4-foot high barrier along the property line contiguous with Santa Teresa
Boulevard at Lot 22. The barrier height is in reference to the nearest building pad elevation. The design
of the barrier shall be submitted for the review and approval of the Gilroy Building Division and the Gilroy
Planning Division prior to the approval of the Final Subdivision Map.
5) To reduce flanking noise, the developer shall construct a minimum 3-foot high acoustically-effective barrier
along the south property line of Lot 1. This barrier may also be the north property barrier recommended
in a previous acoustical study for the four existing residential lots to the south of the project site. The
barrier height is in reference to the nearest building pad elevation. The design of the barrier shall be
submitted for the review and approval of the Gilroy Building Division and the Gilroy Planning Division
prior to the approval of the Final Subdivision Map.
Note: To achieve an acoustically-effective barrier, it must be made air-tight, i.e., without cracks, gaps,
or other openings, and provide for long-term durability. The barrier can be constructed of earthen
berm, wood, masonry, stucco or a combination thereof and must have a minimum surface weight
of2lbs.lsq.ft Ifwood is used, homogenous sheet materials are preferable to conventional wood
fencing because of the tendency of the latter to warp and form openings with age~ However, high
quality, air-tight tongue-and-groove, shiplap or board and batten construction can be used if it
meets the minimum surface weight requirement and is constructed air-tight. The noise control
harriers must be constructed so that all joints, including connections with posts, pilasters or
building facades are sealed air-tight, and no openings are permitted between the upper barrier
components and the ground.
6. Restrict the height of the dwellings to single-story. The developer shall subrnit elevation drawings for
review and approval by the Planning Division, prior to the issuance of the Final Subdivision Map.
Draft Negative Declaration .
TM 97 -02
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7-25-97 (Revised 9/9/97)
7) The developer shall include a landscape plan with the Final Subdivision Map. The landscape plan shall be
prepared with the intent of shielding the berm/fence. Landscape irrigation shall be provided to the
landscaped area. This vegetation plan shall be subject to review and approval by the Gilroy Planning
Division, prior to the approval of the Final Subdivision Map.
8) The developer shall either fund or provide a funding mechanism for the maintenance of the sound barrier
and landscaping. The proposal for the funding mechanism shall be subject to review and approval by the
Gilroy Planning Division, prior to the approval of the Final Subdivision Map.
9) Due to the possihility that significant buried cultural resources might be found during construction, the
following language shall be included in all permits issued for the project site, including, but not limited to
building permits for the future development, pursuant to the review and approval of the City Planning
Division:
"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. "
* New language is indicated in bold. StJ.i.k~uuL text indicates old text.
Date Prepared: July 25, 1997 (revised 9/9/97)
End of Review Period: August 20
Date Approved By City Council:
William Faus,
Planning Division Manager
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. ATTACHMENT Ae
A Land Use Planning and I)esign Firm
August 22, 1997
Mr. BryanStice
Gilroy Planning Division
7351 Rosanna Street
Gilroy, California 95020-6141
Re: Fortino Subdivision (TM 97-02)
Response to Comments
Dear rv1r. Stice:
The public review period for the Fortino Subdivision Initial Study and Negative
Declaration ended on August 20, 1997. During the public review period, two letters
were received from the following:
· Pacific Gas and Electric Company, letter dated August 9, 1997
Mr. David Marzouk,Land Agent for P<:;&E, states tl1atPG&E maintains gas and
electric facilities primarily on the west side of Mesa Roadnear Nicole Way.
Developers of the referenced site will be responsible for the costs associated with the
relocation of existing PG&E facilities to accommodate their proposed development.
The letter does not require the inclusion of any additional mitigation measures for
the proposed project. The letter is attached for your convenience.
· Santa Clara County Roads and Airports, memo dated August 20, 1997
Mr. Bill Lee, Roads and Airports, makes recommendations to the City of Gilroy
including the following:
o The City of Gilroy should require any requisite right-of-way dedication for this
project to the official plan line of Santa Teresa Boulevard.
o Any landscaping or irrigation within exiting or future dedicated right.;.of-way
may require landscape maintenance agreement for the City or developer to
maintain.
o The traffic i,mpact fee to the City should be sufficiently large to cover any future
southbound widening to Santa Teresa Boulevard to a configu~ation of 2' lanes in
each direction. .
99 Pacific St. · Suite 155 F . Monterey, CA 93940 . (408) 649-1799
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Bryan Stice, Planner
Gilroy Planning Division
August 22, 1997, Page 2
The letter from Mr. Bill Lee does not require the inclusion of any additional
mitigation measures for the proposed project. The letter is attached for your
convenience.
Uyou have any questions regarding this letter, please contact me. I have enclosed a
final invoice for this project. As always, it has been a pleasure working with you.
Enclosures Pacific Gas and Electric Company, letter dated August 9,1997
Santa Clara County Roads and Airports, memo dated August 20,1997
m
Pacific Gas and Electric ComA
David Marzouk, Land Age'"
Land Rights Office ...
111 Almaden Boulevard Suit~
San Jose, CA 95113
408.282.7543 Fax 408.282.7118
August 9, 1997
RECEIVED
CITY OF GILROY
Planning Division
Bryan Stice
7351 Rosanna Street
Gilroy, CA 95020
AUG 2 11997
Gilroy Planning Div.
RE: Tentative Map TM 97-02
Mesa Road at Nicole Way, Gilroy
PG&E File No OSllL6-1593
Mr. StIce:
Thank you for submitting a copy of the Tentative Map for our review at the above
referenced location.
PG&E has now concluded its review process and has determined that PG&E maintains
gas and electric facilities primarily on the West side of Mesa Road near Nicole Way.
Developers will be responsible for the costs associated with the relocation of existing
PG&E facilities to accommodate their proposed development. Because facilities
relocation require long lead time and are not always feasible, developers should be
encouraged to consult with PG&E as early in their planning stages as possible.
Please contact Nick Arellano at 408.282.7546 if you have any questions regarding our
comments. We would also appreciate being copied on future correspondence regarding
this subject as this project develops.
Thank you.
LJ c.J t?/ c:t ~
David Marzouk
Land Agent
Phone #
Fax #
63.C
Fax #
S:\SANJOSE\MAP _REVl11 L61593\L6-1593.DOC
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(!litu of OWrou
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PIl111Iling Division.
EnginEering Divison
B1tilding, Life &. En.wonmental Safety Division
Housing & Community Development
FAX (408) 842.2409
FAX (408) &42-2409
FAX. (408) 848-0429
FAX (408) 848-0429
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Enclosed is one (1) copy of the Initial Study and preli:minary mitigated Negative Declaration on the ~:;',;;;,R
Albert Fortino (Planning File TM 97-02) Tentative Map request, for your review and comment. PleasC::Fz.JTuit:.
return any comments you may ha\le by August 20, 1997. :urlf 8t)~p /AI /o~J""q ~ 5"~,4 ~~
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This matter will be heard belore the Planning Commission on September 4~ 1997, and before the City t..iY
Council on September 15, 1997. Both hearings will begin at 7:00 p.m., and be held in the Council -1'_ rJ
Chambers, 7351 Rosanna Street, Gilroy, California. (4at) 57] - 21.J.. b4 . cr:=:
Jfyou have: any questions OT require any further information, please call Bryan Stice, Planner I, at (408)
848-0440.
July 29, 1997
Files: TM 97-02
Albert Fortino
Tentative. Map request
S incerdy,
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Bryan Stice qv~ -1 ~ .(:+ ^
Planner I q~ .? V
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Endosures
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7351 Rosanna Street, Gilroy, CA 95020
TOTAL P.01
ATTACHMENT B
Fortino Subdivision InitieUdY . Mitigation Aoring Program & Che~klist
Mitigation Monitoring Checklist A
Prior to approval of the Final Subdivision Map, the following mitigation measures
shall be implemented:
1 A soils investigation shall be prepared for the Developer City Building
project by a qualified soils engineer. The Division
recommendations of the soils investigation shall
be incorporated into the final improvement plan
rior to a roval of the Final Subdivision Ma
2 The design and construction of all storm Developer City
drainage improvements shall include, but not be Engineering
limited to: 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 -
ro osed ro'ect site shall be addressed.
4 The developer shall construct a 4-foot high Developer City Building
barrier along the property line contiguous with Division
Santa Teresa Boulevard at Lot 22. The barrier
height is in reference to the nearest building pad City Planning
elevation. The design of the barrier shall be Division
submitted for the review and approval of the
Gilroy Building Division and the Gilroy
Planning Division prior to the approval of the
Final Subdivision Ma .
EMC Planning Group Inc.
B-3
~itigation Monitoring progra. Checklist
FOrtino.division Initial StudY'
5 To reduce flanking noise, the developer shall . Developer City Building
construct a minimum 3-foot high acoustically- Division
effective barrier along the south propertY line of
Lot 1. This barrier may also be the north City Planning
property barrier recommended in a previous Division
acoustical study for the four existing residential
lots to the south of the project site. The barrier
height is in reference to the nearest building pad
elevation. The design of the barrier shall be
submitted for the review and approval of the
Gilroy Building Division and the Gilroy
Planning Division prior to the approval of the
Final Subdivision Map.
Note: To achieve an acoustically-eifective
barrier, it must be made air-tight, i.e., without
cracks, gaps, or other openings, and provide for
long-term durability. The barrier can be
constructed of earthen berm, wood, masonry,
stucco or a combination thereof and must have a
minimum surface weight of2Ibs./sq.ft. Ifwood
is used, homogenous sheet materials are
preferable to conventional wood fencing because
of the tendency of the latter to warp and form
openings with age. However, high quality, air-
tight tongue-and-groove, shiplap or board and
batten construction can be used if it meets the
minimum surface weight requirement and is
constructed air-tight. The noise control barriers
must be constructed 50 that all joints, including
connections with posts, pilasters or building
facades are sealed air-tight, and no openings are
permitted between the upper barrier
components and the ~ound.
6 Restrict the height of the dwellings to single- Developer City Planning
story. The developer shall submit elevation Division
drawings for review and approval by the
Planning Division, prior to the issuance of the
Final Subdivision Map.
7 The developer shall include a landscape plan Developer City Planning
with the Final Subdivision Map. The landscape Division
plan shall be prepared with the intent of
shielding the berm/ fence. Electrical service and
a two-inch water service shall be provided to the
landscaped area. This vegetation plan shall be
subject to review and approval by the Gilroy
Planning Division, prior to the approval of the
Final Subdivision Map.
E-4
EMC Planning Group Inc.
Fortino Subdivision Initiad
am & Checklist
8
The developer shall either fund or provide a
funding mechanism for the maintenance of the
sound barrier and landscaping. The proposal for
the funding mechanism shall be subject to
review and approval by the Gilroy Planning
Division, prior to the approval of the Final
Subdivision Map.
Developer
City Planning
Division
.1
.J
'i
f
i
EMC Planning Group Inc.
E-5
Miti ation Monitorin
Checklist
Fortin
division llJitial Stud
Mitigation Monitoring Checklist B
Prior to issuance of a Building Permit, the following mitigation measures shall be
implemented:
Mitigation Nature of Mitigation Party Party
Measure Responsible for Responsible
Number Implementation for
Monitoring
3 Due to the possibility of adverse short-term Developer City Building
noise impacts from construction, the following Division
language shall be included in any permits issued
for the project site, including, but not limited to City Planning
building permits for the future development. 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.
9 Due to the possibility that significant buried Developer City Planning
cultural resources might be fonnd during Division
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 nntil 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.
E-6
EMC Planning Group Inc.
ATTACHMENT C
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'1.97-2...
. If you have any questions regarding the proposals, we encourage you to contact the Planning Department prior to the
.hearing. You have the right to appear at the hearings. You may also send in any comments you have on the proposal.
CASE NO. TM 97-02
_I do not have any objections to these requests.
_1 do have objections to these requests.
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ve~\C()V\ 19nature & te . PnntName & Address
C:~~a%L S~<:vJ\
S;:P - 2 1997
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RECEIVED
(~I\roV Plannin~ Div. .
.
.
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 97-55 is an original resolution, duly adopted by the Council ofthe City of Gilroy
at a regular meeting of said Council held on the 6th day of October, 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 27th day of October, 1997.
~~,
City Clerk of the City of Gilroy
(Seal)