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Resolution 1998-08 . . RESOLUTION NO. 98-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S 97-55, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT INVOLVING APPROXIMATELY 1.313 ACRES, A PORTION OF APN 790-04-038 WHEREAS, Beverly Working and Gloria Bentinck, South County Housing Corporation, the applicants, submitted A/S 97-55, an application for architectural and site approval of a planned unit development ("PUD") for a 1.313 acre lot located west of Kern Avenue, between Mantelli Drive and Tatum Avenue, adjacent to the Santa Clara Valley Water Distrcit drainage channel; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council on January 5, 1997 in connection with related application M97-12 adopted a Negative Declaration with eight mitigation measures, for which a Mitigation/Monitoring program has been prepared, finding that the Negative Declaration reflected the independent judgment of the City and that, on the basis of the initial study and any comments received thereon, there was no substantial evidence that the project will have a significant effect on the environment; and WHEREAS, the Planning Commission reviewed application A/S 97-55 at its duly noticed meeting on November 6, 1997 and recommended that the City Council adopt the Negative Declaration with eight (8) mitigation measures and further recommended that the City Council approve application A/S 97-55 subject to sixteen (16) conditions; and WHEREAS, the City Council reviewed application A/S 97-55 and all documents related thereto and took oral and written testimony at its duly noticed meeting of January 5, 1998; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this project approval is based is the office of the City Clerk. IKBAI359538,01 71.121004706002 -1- RESOLUTION NO. 98-8 . . NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council hereby finds: 1. That 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 substantially consistent with the intent of the text, goals and policies of the General Plan documents. 2. That the facts as set forth fully in the record, including but not limited to the revised Staff Report dated December 29, 1997, support the findings required to grant PUD architectural and site approval pursuant to subsections A through I of section 50.55 of the Gilroy Zoning Ordinance, and the Council hereby makes said findings. B. A/S 97-55 (PUD) should be and hereby is approved, subject to: 1. The sixteen (16) conditions set forth in pages 8, 9 and 10 of the Staff Report which are attached hereto as Exhibit A and incorporated herein by this reference, and with two further conditions which shall read in their entirety as follows: Condition 17. Approval of this project shall meet the requirements of the Fire Marshal and shall be subject to the review and approval of the Fire Marshal. Condition 18. The applicant shall provide a trellis and heavy landscaping, including a berm, in front of the apartment units on this site. This shall be subject to the review and approval of the Planning Division; and 2. The MitigationIMonitoring Program set forth in the Negative Declaration, and attached hereto as Exhibit B and incorporated herein by this reference. IKBA1359538.01 71-121004706002 -2- RESOLUTION NO. 98-8 . . This approval shall become effective when, and only if, Zone Change Z97-0S becomes effective, and shall become null and void without further action on the part of the City if Z97-05 does not become effective. PASSED AND ADOPTED this 20th day of January, 1998 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, GILROY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: ~.~.~~ . A. Mike Gilroy, Mayor ~da.~~ Rhonda Pellin, City Clerk IKBAI359538,01 71-121004706002 -3- RESOLUTION NO. 98-8 v.... ...~ vV 1'.....j..I ....,...LV ....0....... U.L,;,l.n..&..t.L!,.....~ ~ ~V~!, 't!:.I"'~U .' NS 97-55 ... Revised Stafi'Report EXHIBIT A 8 '. 12J29/97- I. sta:ff rec cis tbat the Pl~";ng CommissiOn forward a recommendation to the City' Council' to ~ PPROYE this for the folloWing reasons: ' A. The proposed project Plan mapt and is co~i xms to the land use designation for the property on the General with the, intent of the text of the General Plan do~umcnt; B. Public utilities and infrast:rUcture vements necc1ed in order to serve the proposed project are in close proximity along Kern C. There will be no significant environmental impacts t of this project due to the , required mitigation measures to be applied at the develop me D. As submitted, the proposed development is consistent with the necessary through I, as stated under Zoning Ordinance section 50.55. If this project is approved, staff recommends that the following conditions be attached to the approval of the project: e. e> N J) ,l.,) :r 0 !'is: 1. All eight (8) MTIIGATION MEASURES contained within the attached Ne'garive Declaration for this developmcnt shall be applied to this approval in order to reduce and/or eliminatc all potential sigc.ificant impacts to a, level of insignificance, as required under the CalifoIDia Environmental Quality Act (CEQA)., This shall be subject to the review and apPl'oval of the ,Plamring Division. ' . 2. Landscaping: Landscaping plans including specifications for an' irrigation system shall be approved by the Plmming Division in accordanc:e with the adopted Consolidated Landscaping Policy~ prior to issuance of a building pem1it. The landscapiJ;J.g shall be continuously maintained in an orderly t live, healthy. and relatively weed-free condition, in accordance with the adopted Consolidated Landscaping Policy and the approved specific landscape plan. ,3. Street trees shall be required per the Consolidated Landscaping Policy, and shall be mstalled , by the developer, subject to the review and approval of the community Services Department. A Street: Tree Pemrit shall be obtained form the Community Services Department. 4. Trash Enclosures: All trash enclosures shall consist of visually solid fences and gates. six (6) feet in height, in accordance with the adopted City of Gilroy standard. trash. enclosure design plan, or a similar design approved by the Plamring Division. All traSh enclosures shall be located in accordance with the appfoved site plan and. Unif'otm Fire Cod~. In addition. EXHIBIT A ~~'.~f ~__ _' ._. 'AlS ~7"S5 - RcMsed S&eport ~ . 12129/97 .. ~ ~,.. recycling areas must be provided within the trash enclosures, in accordance with the following -regulations: . A. Areas .for r=cycling shall be adequate in capacity, number, and distribution to serve the development project. B. Dimensions of the recycling area shall accommodate receptacles sufficient to meet: the recycling needs of the development'project. c. An adequate number of bins or containers to allow for the collectioJl. ind loading of ' . recyclable materials generated by the development project should be located Within the 'recycling area. s. Exterior Lighting: No uitobstrUCted beam of exterior liahting shall be directed oUtward from the site toward any residential use or public right.of-way~ subject to the review and approval of the Planning Division. 6. A security lighting plan must be submitted by the spplic:ant, subject to the review and approval of the Police Department, prior to building permit issuance. 7. Mec:h2mical Appurtenances: Mechanical equipment to be located on the roof of a building shall be screened by an architectural feature of the buildii1g~ sUch that it cannot be seen from ground level at the far side of the adjacent public right-of-way, whenever possible. This shall be subject to the review and approval of the planning Division. 8. Building coloI5 shall be earth tones subject to Planning Division review and approval. 9. The number of stalls, design, location, and required sii1'Ulgc for handicapped off-street parldng shall be subject to the review and approval by the Building Division. 10. All proposed fencing must meet the requiremen.ts of the Planning Division. 11., All utilities constructed to, through and on the ,site shall be constrUcted Underground, subject to the review and approval of the Engineering Division. 12. Street addresses shall b~ assigned by the Engineering Division. 13. Directories to the buildings on site must be erected at the entrances to the Three drive~ays on the site, subject to review and approval by the Engineering Division. and the Fire DepartmeJ1~ 14. Off-site street improvements shall be subject to the approval of the City Engineer- 15. The applicant will be required to obtain the necessary right-of-way along the western. side of Kcm Avenue from Mantelli Drive to the northc:m bOundary of the project site, subject to the review and approval of the Engineering Division. V.LI=~. II......., ........... ....- . AlS91-ss.~sL 10 . 12129/97 ~- . ,'. . '....... ..... __ .._ .r'--.'~' --. ,- 16. The applicant shall submit a copy of these plans to the Santa Clara Valley Water District (SCVWD). and sb2ll comply with all requirements of the ~CVWD, subject to their review and approval ' I!~gnnine Cnmmi!l!lljnn A.mnll RespectfW1y, ~~)J~..L~ William Faus 'r . . g Division Manager The PlaDning Commission recommended approval oftbis project eir November 6, '1997 meeting bya vote of 5-0.2. , ""~, ..."'Z, "'OJ "__....'...... .. EXBIB:J:T B ... ' . .". Community Development OePartment Planning Division 'NEGATIVE DECLARATION - . .._~: (-~. /' City of Gilroy 7351 Rosanna St. " Gilroy, CA 95020 , . (408) 848..0440 City iDe Number: Z 97.a5 'Prl\i~ De!lf"t1rti"": . . Name ofPraject: NatUre of Project: Villa !speranza Residential Facility Request to ccmst:rUCt 21 lIpartmmrt units on a. 1.6 acre parcel l~R,j.et"t I"Ol"annn: Location: West side ofK.e:ri1 Avenue, North ofMantelli Drive, South ofTa:tum Avcc.ue Assessor's Parcel Numbe:s: 190-04-038 (portion) 'V,nnt;y nr PP""Ii") tJlIrfflptJl~g 'PrQj..~ Name: Address: South County Housing 7455 Cam1cl Street, Gilroy, CA 95920 and. " Hope RdWIilita1ion Services 8855 MumIy Avenue, . , Gilroy, CA 95020 'wHig I Study: An Initial study oftbis project: was unda'taken sad prepared for the pmpose of ascert?;",;"'g whether this project might have a sigrt;fi("arlt ,effect on the ~ A copy afthis study is on file at the City of Gilroy p),m",mg DepsrtIIl.lmt, 7351 Rosmma Street. Gilroy, CA 95020. FJndinl' & 'Qp9.enllll: . '!be I:aitial St1.Jdy id~ed. pote1ria.Uy siFin-m effects on the =:ivitomnmt. However, this proj.,;t has been mitiPtcd (see Mitigation Measures below which avoid or mitigate the c:ffects) to a point. , ' . ".. . , " EXlIJ:13IT B ....~ ,.....:JIF. . .>~~ U.1.1 ~'tl tfO n.&:.u J. I . .L' j,'~ U&.:.ln~4""~"" _. --.........'" -mI _,.Ji11 . . Preli11l;nary Negative Declaration. Villa Espmanza - 2 9119/97 . . where no significant mt:ects will occur. There is 110 substantial evidence the project may have a significant eft'ect on the enviromnent. The following reaSons will support these m,nil'lgs: 1. The proposal is .eJogical.component of the existing laud use of.this area. 2. Identified adveme impaCts are proposed to be mitigatcc! through preparation of special studi~ and construetion of off-site improvemcmtS. 3. The proposed project is consistent with the adopted goals and policies of the General Plan of the City of Gilroy!' u .' . ' ,4. The l:Ditial Study was independently reviewed by City staff, and this Negative Declaration reflects the independent judgement of the City of Gilroy. . . ~U;vnnn. Mp9cn~M: " . 1. A soils investigation shall be prepared for the project by a qualified soils engineer. The recommendations of the soils investigation sbal1 be incorporaIed into the final impl'Ovement plans and shall be reviewed and. approved by the City Building, Life and Environmental Safety , Division, pnorto approval of the final map. 2. The desiF and ccmsttUCtion of all stann draU:Iage iJnprovcmcmts serving the projeet site shall be provided by the projec:t develOper, and will be subject to revieW and approval by the City Engineeria.g Division, prior to issuance of a building pmnit. These design plans sba1l include, b~ not be limited to; a.. Paved areas shall be designed. to m;1'l;Tn17.e drainage that is chalineled to one location. , Pathway paving sba1l be porous in ]23tUre;'whereVer feasible. b. Drainage facilities shall be designed and installed to collect md tranSport tlows away frOm the streets and buildings and. into approved diainage structureS. c. Provisions for periodic sweeping. from driveways and parking areas on the proposed project site sball be addressed. ' 3. The developer shill obtaiD a Santa Clara Valley WatJ::r District (SCVWD) pexmit. Before the sCVWD permit c:an be issued. final site plans will neec1 to be submitted to SCVWD for engineering review. Two sets of site pies should be submitted. that show, the gradiD& drai:D.agc, landscape, and fencmgplans for the proposed project. All smface nmoff from the project, site shall be muted. to an existing stmm drain system 011 K=n Avenue, or as stipulated by the City Engineering Division. Storm waU:r from the project site shall not be. ciisclPqed to the drainage c:bsm~el adjacr:nt to the project site. Review of the final site p~ by the SCVWD and the Gilroy Engineering Division shall take place prior to approval of Architectural and Site review. ' . ' . . . PreHm1T'1aty Negative Declaration Villa EspeI3nD 3 9/19/97 4. The following CODtrOI measures shall be ~ed into any permits-issued for the pmposed p.roj~: . ' . A. Wata' all ~e constIUCtion areas at,least twice daily. B. Cover all tr1iCks ban1;T'Ig soil, sand, and other loose ~ or require all tru~ ~- TT'lA1ntail" at least two feet of freeboard. , ." ; - c: Pave, apply water three times daily, or apply (non..tox1c) soil stabilizers on all unpaved , Ece5S roads, parking areas 'and staging areas at construction- sites. ' 'D. Sweep daily (with Watm' S'fII'eeper.I) all paved access Ie. parlciD.g areas and' staging areas at constrUCtion -Sites. ' E. Sweep strects}!aily (with water sweepers) ifvisi~l~ soilmateria1 is carnec;i,onto adjacent public streets. ' F. Hydrosecd or apply (ncm-toxic) soil stabilizers to inactive constrUction areas (previously graded areas inactive for ten days or more). G. Enclose, cover, water twice daily Or apply (non..toxic) soil binders to exposed stockpiles (dirt, sand, etc.). H. Limit t:n1ffic speeds on unpaved roads to 15 mph. 1 Install sandbags or other erosion control m,easumi to prcvc:nt silt nmoffto public roadw~.' 'J. Replant vegetmOJ1 in distuIbed 8RU -as' quickly as possible. 5. Pt:iar to approval of Architectural and Site review, the project ,applicant shall provide the Gilroy Plmming Division documentation to support the proposed plan for a lower number of parlcing spaces than is required for a residential project with a similar number of residential tmits. 6. The project applicant shall provide a sidewalk on the west side ofK.em Avenue across the project - site frontage to the south to COJUlect with the existing sidewalk loc~cd near the ' Mantelli DrivelK=n Avenue intersec:tion. The design and location of this sidewalk slial1 be submitted to the Gilroy Engineering Division prior to the approval of .AJ:cbitcctural and Site review. ' 7. Due to tht; possibility of adverse short..temi noise impacts from coDStrW:tion, the fOllowing language sball be iDcludcd in my pcm:rits issued for the project site, includin& but not limited: ' to bWldi:D.g pctmits for the fUture developmc:nt. "Noise generating con.strUCtion activities. are limited to weekdays bet'M=1 7 a.m. 8IlCi 6 p.m. LiD:nt noise ge:nc:niting constrUCtiol1l1divities to weekc:Dds betWe= 9 a.m. and 6 p.m." 8. Due to' the possibility that significaut buried cultural resomccs might be found. during ccmstruction, the fallowing language, shall be included in any pezmits issueci for the project site, including, hut not limited to building permits for the future d.eveIopmcm.t. pmsaant to the review and appIDval of the Gilroy PIIlT'lftil'lg Division: "If archu019gical resourt;e5 or human remains are discovered during constr:ucticm.. 'Work shall be halted at a TT'I;nlm,um of 200 feet - _....4'~....Io'.-4.. _ ----., .... V.. . . Prelwinary Negative Declaration. ' Villa Espcnmza ' 4 ': 9/19/97 from the find until it caD be evaluated by a qualified professional ardJaeologist. If the find is determined to be significant, Appropriate mitigatio~ measun:s sba.ll be formulated and implemented. " - Date Prepared: Septemb~ 19, 1997 End of Review Pc:riod: cc:to~r l~, 1997 Date Approved By City Council: Wtl~ Faus Planning Services Manager "~"~'.:~'~~' , ,'. " \; ~.:. . '" I .1 I I I I I I UJ,.I .1.",*' 0.'-' If~W""'. .1.'-" . ViDa'~.....,J,...-,i-w ~ Jt~J(~"Pro~ ,! Mitigation Moraitorlng Checklist A '- Prior to isSUlII1Cl! of A:dU~ and Site Revi-. the fallowlng mitiga.tion mess...... shall be imp~. . . . . . ,-..., 3 '.T.b.e projec:t dev.lepet' shall obtain a Sc.ta Clara Developer GikOy , 1 ' Valley Water District (SCVWD) permit. Before Enginecins . the sCVWD permit can be issued.; bal site ' Di'lisian pbms will:DHd to b1! submitted. to SCVWD for enpeermg 'l'8'rietf. 't1!ra sets of site plans SuLIa aara . shoUld be submittBd that show the grading, Valley Water draiM88, laDdsape. and feDCi:D.g plans for the District proposed project. All surface runoff' fron1 the project site ~ be rautsd. to the m e;s:ist:ing stanD drain ~ em Jt,en:l. Avenue. or as stipulaiec! by the City of ~ EDgineeriDI Division. storm water tram the project site shall not be disc:har6ed to the drai>>ge chmmel adjacent to the proiect lite. Revievt of the final site plan by the SCVWD aDd the GilroY Engineering Division sba1l take place prier to '~ approval of architectural s:c.d site review. .' -" 5 Prior to the approval of architectural and site Developer Gilroy ~.,... the project &pplic:ant shall provide the Planning GilraY Plp......iTl.g Division documentation to Division support the proposed plan for a lower Dumber of park:iJ:l.i spaces than is required for a residential project ..nth si1Dilar :a:amber of resid.ential units. 6 The project applicant sball p~d.e a sidewalk DeveJ.gper GU=y an the ..est side ofXerD. Avenue acz'I)&B the " c:n~1 project lite frontap and to the south to com1sct Division 1rith the aitinl sirie'lWalk located near the Ma:D.telli Dri~ Avenue iD.tersection. The d,esig:a. and location of this side'llll1llk shall be sul=itt.ecl to the GilroY Engi:D.eeriDi Di-visicm prior to the ap~ of architectural ~d site nMeour . M1D' . 3 EMC PlGRAiA6 Group~. UJ,./ ..l~1 tJQ n,cu .J.I..&.O J,-4A U~.I.'''''''''J.'J:.n Ufo ,-,V.u.&..l.lo'\ . ,. '. I .' . ,I' . .... .. . . VilLI E~ 1i..aWimtIaZ Facilify l,un.d Snul-y . Mitig(Jlion J!onJ,tarirag 'Pro1trfRll Mitigation Momtoring Ch~ck1ist B Prior to issuance of a B~ding Permit, the following mitigation xneasure5 shall be irnplem.ented: ' 1 A soils investigation shall be ~ued. fer the ' project by a ~ soils engSMu. 'the recoznme:ruiatiorls of tlte soilS investigatiOl'\ shall be incOrporated miD the final bui1di:n1 plans and shall be reviewed and apprcrved. by the G11:oy Engineering Division prior to issuaru:e af a building per.Wt. Developer 2 'The design and c:C1'lStrUr:t:iml' of 'all storm drainage b:\pl'OVetl'U!nts serving the proposed. project site .sba11 be pI'OVided by the project developer, ami' will be subject to review atLCi approval by the Gil:Cly Enginee:rmg Divisicn prier to issuance of a building pemdt. 'These design planS shall include. but net be lixniteci te; DevelopE A. Paved a%U5 shlill be desipc:1 to ~e draitlage that is c:hanneled. to ene lacatiDn. Pathway paving shall be pcrcus in natUte, wheIeVU feasible. . B. DraiMge fadlities sl1a.1l be designed and . installed. to c:ollect and t:ruWpcrt flews away .frcm the streets and buildings and. inte ~pproved c!rainage st:rl.1d:uta. ~c. Ptovisions for pe:iod.i&: sweeping from driveways QUi parking areaS on the proposed. project site shall be addressed. Cilto y. Building Division Gil:oy Sngineering Divi.sicn )IMP-4 DlCPJspu&U&g G~P 1_ 'tW v.. ~ ~ . I . ...:,'. . . . . ,0 .J '. . V"dZA :S.lIeraa=tl ~ FGl:ilUy 17&ifiG1 Stud, )fmLJI~~ . -. ,......, "'~ 4 The follaw1Dg cantral measures Ihall ~. . . ' incarparated into my pen:Dit::l i8siied for.the' , , prapoSed.projec:t: : ," " ".,,; ",' '. . ~ ". '. . A. Water all acti..e CQ:DSI;rUd:icm areas at least . nnce daily. B. COTer all ~ bauliDr sail. !WlC1. and :. other laose ~ l:tr nqWre aD. trucks to ,.' ., maintain at least two feet C1ffreeballZ'Ci. I I I I I ' I I I I I I I I I C. Pave, apply,rater three times daily, or apply (D.CmMtaz;iC) sail stabiJj'!!!lIrS on an unpaved access roads, parking anas an.c:l staging areas at co~ si_~ D. Sweep daily (with water sweeperS) all paved. access nads, parmi areas me! st:aging areas at canst::r:Uct:i.an sites. " E. Sweep streets daily (with water svreeper.l) if viSl"ble .oil material is carried onto adjacent public streets. F. Bydroseed or apply (nan-toxic) soil stabilizers to inaetive construction 8J'aBS (pnMQusly graded areas inactive for ten days or more). ' G. Enc:lose. cover. 'Water twice d.wy or apply (Jl,Dn-taziC) ,ail bii1ders to eQosed stockpiles (dirt, sand, etc.) H. Limit 1:Z'afiic speeds em lmpa.ed row to lS ~~ . L h:I.sta1l sandbags or other eraaian ccmtral' . 'measare& to preve11t silt rlU1CIff to public. roadways. J. Replant vegetation in Qistgrbed areas as quic:kly lIS ~le. 7 The following lmgaage shall be inclu.ded. on lilY pemUts i5suecl for the project site. inclu.dJng. but not limited tel, 'build.ing pemUts far the fulme d.e'V~ "All:neUe generating c:onstrudiol.'l. activities shall 'be limited. tel weeJg:lays between 7 AM and. 6 PM, and to w~ds b~een 8 AM G!d.6PM. EMC Plt:m3ia6 Group 11&1:. Developer_ , .... Developer , .. GDroy 1'1.iI.n1'1ing Division (- , Gilroy PlamQr\g OiYisian GilroY 'Building Divtsioft MMP..5 .. - _.0 . MUi~ JloraitGri7!4 ~ V".u..~~lldOi8l s,..,; , . o :... _to. ...... ..~ 5 Due ta the possibility thauipcant ~ " 'Deve1apet . Gilroy , ,!Jtmal II!SOUZa!S might b. i01.Uui 4t.Uing l'lamW:lI . '. mstrw:ticn. the following languap shall be , ' Pivision ; :..1dudec:l in any pem:dts iss1.s1!d. fen the project: site. U\duding. but not limited = buildmg pecnits for the fut.me deve1cpment. pussuant to the 11tYiew anc1 approval of the GUray Planning Di"'lisicm: - "If archaeological resOurces or huznan ~ are discovered d.u:m~ ccmstructian. work shall be halted. at 1I xninhnum of 200 feet &am the find. t,U\til . it can be evaluated by a qualified p:refessicnal archaeologist. If tM fitu:l' i:$, determined. tel be sigNfic:ant, appropriate ~tion IMasures shaD be fcmwlated. ami implemented.. 4 DC p~Groft.P 1,"" MMP-8 .; .,. .' . ,. :'~." '.. ~ .:~II ;!o- ;'. .,.':~....' ,!.~ e , ';1 ~ -J - , I C , t i , I .1 ..:::. . ~. . . .. . '" I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No, 98-8 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 20th day of January, 1998, 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 30th day of January, 1998, ~~, City Clerk ofthe City of Gilroy (Seal)