Resolution 1998-12
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RESOLUTION NO. 98-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING TM 97-04, A TENTATIVE MAP WITH
RESIDENTIAL LOTS ON APPROXIMATELY 3.0 ACRES
LOCATED FRONTING THE EAST SIDE OF KERN AVENUE
BETWEEN RAMONA WAY AND GREYS TONE COURT, APN
790-19-085, 790-20-075
WHEREAS, Gary Walton ("Applicant") submitted TM 97-04, requesting Tentative
Map approval in order to subdivide a 3.0 acre parcel into 12 single-family residential lots and one
remainder parcel zoned Rl (Single Family Residential); and
WHEREAS, the property affected by TM 97-04 is located fronting the east side of
Kern Avenue between Ramona way and Greystone Court; 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, and 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 five (5)
mitigation measures and a mitigation/monitoring program has been prepared; and
WHEREAS, the Planning Commission held a duly noticed public hearing on
February 5, 1998, at which it considered this project and voted to recommend adoption of the
Negative Declaration as completed in compliance with CEQA and reflected the independent
judgment of the City and recommended approval of this project to the City Council with fifteen
(15) conditions as set forth in the staff report for the projected dated January 27, 1998, attached
hereto as Exhibit A and incorporated herein by this reference; and
WHEREAS, the City Council held a duly noticed public hearing on
February 17, 1998 at which time the City Council considered the public testimony, the staff report
dated January 27, 1998, and other documentation on the project; and
IKBAI403379,01
83-022404706002
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RESOLUTION NO. 98-12
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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.
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 ofthe text, goals and policies of the General Plan documents.
2. There is no substantial evidence that the project as mitigated may have a
significant effect on the environment.
B. The mitigation measures and the mitigation/monitoring program associated with the
project as described in the Negative Declaration attached hereto as Exhibit B are hereby adopted.
C. TM 97-04 should be and hereby is approved, subject to fifteen (15) conditions,
attached hereto as Exhibit A and incorporated herewith by this reference.
PASSED AND ADOPTED this 2nd day of March, 1998 by the following vote:
AYES:
COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, GILROY
COUNCILMEMBERS: NONE
NOES:
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
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ATTEST: ~,
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Rhonda Pellin, City Clerk
IKBAI403379,01
83.022404706002
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RESOLUTION NO. 98-12
.'i,~~;'?':Revised 2f1,
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MITIGATION .MEA.S{JRES' fii 'tijgOT)Gli-~$; .C9!!~n.ed within the Negative Declaration, dated
12-22-97 shall be applied to the appi9.y.1)l_.o'-4le'l1roject in order to reduce and/or ~tigate all potential
significant impacts to a level of insignificance,'mt,ieqWted. under the California Environmental Quality
Act (CEQA). : ..., , "
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An all-weather access road, not less:tlWi '20 feet in wfdth, for fire engines shall be provided before
commencing any combustible construction. :Fire hydrants sIuin' also be installed and maintained
before combustible construction begins, to meet the approval <.>fthe Buildins, Life, &'Envir~nmental
Safety Division
Hydrant locations and water main sizing shall be approved by the Building, Life, & Environmental
Safety Division, prior to building permit issuance.
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 review and
approval of the Building, Life, & Environmental Safety Division
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.
Two three-inch drain lines per lot (one down each side property line) shall be installed in order to
accommodate future rear yard landscaping needs, subject to the review and approval by the
Engineering Division
All grading operations and soil compaction acti\Tities shall be per the approved soils report and shall
meet with the approval of the City-Engineer.
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
All street improvements are to be done per City of Gilroy standards and approved by the City
Engineer.,.. .._
~ Avenue frontage and infrastructure improvements shall be completed during the first phase of
development, subject to the review and approval by the Engineering Division
11. The section of Kern Avenue from the southerly project boundary to the northerly Kern Avenue
improvements at Greystone Court shall be designed and installed by this subdivision as part of Phase
I, subject to the review and approval by the Engineering Division This work is subject to
reimbursement by the City.
12. For the necessmy 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 before Final
Map approval.
13. The developer shall pay all the costs ofany land pmchase for the ultimate right-of-way and easements
and secondaIy access. The developer shall, within 21 days after City Council approval of the tentative
map, deposit the estimated cost of all condeIllnation 'expeiises 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.
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14. Subdivider shall defend, indemnify, 8Il(f:holdli8rmIess ~City, its-City CO\D1cil, -Planning
Commj~on, agents, officers, and employees from any claim, iCtion, 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 1his subdivision. City will promptly notify the sUbdivider of any claim, ,
action, or proceedirig"against it,' and will cooperme fully in the defense. This condition is imposed
pursuant to California Government Code Section 66474.9. "
,15. Ud~ ~ ..I1uj~l ~ ~A~lU...l.fiUIU lh~ OIJ}.Ifiwtiuu vi' lh~ Cil'y~ ~idQ1tiAl D~'~O"'1UQJl OUnWlll,,^,
("ROO") (Cily ZUllill~ Ouiuuw,,^, g~tiuu:>> .56.66 ~l O)~.), uv'This project is exempt under CitY.
Zoning Ordinance Sections 50.61 (b) (1) of the Residential Development Ordinance ("RDO").
No Final Map or building permit shall be issued in connection with this project if the owner or
developer of such development (i) is not in compliance with theRDO, 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
At their meeting of February 5, 1998, the Planning Commission voted 6-0-
1 (Puente absent) to recommend that the City Council 'take the following
two actions:
1. Adopt the Negative Declaration with five (5) mitigation measures
(dated 12-22-97) as prepared by staff; and
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2. ,Approve Tentative Map 97-04 with 15 conditions of approval, as
recommended by staff.
Exhibit B ,
Community'bevelopment D~artmerit
Planning Division
Negative Declaration City of Gilroy
7351 Rosanna St.
~oy, CA 95020
(408) 848-0440
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City File Number: TM 97-04
Projec:t Description
Name of Project:
Nature of Project:
Walton Subdivision
The proposed project consists of plans to subdivide a three-acre parcel into 12
residential lots ane one remainder parcel. Ultimate buildout of the project site will
consist of 16 single-family dwellings.
Project Location
Location:
Assessor's Parcel #:
East side of Kern Avenue between Greystone Court and Ramona Way.
790-19-085, 790-20-075
Entity or Person(s) Undertakinl Project
Name:
Address:
Gary Walton
PO Box 1265
Morgan Hill, CA 95038
408-778-9505
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 011 file-at the City of Gilroy Planning
Division. 7351 Rosanna Street, Gilroy, CA 95020.
FindiDi:s & Reasons
The Iiritial Study identified potentiany 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 that the project may have a significant effect on the
enviranment.
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. '
3. The proposed project, is consistent with *e ad?pted goals and policies of the Gilroy General Plan.
4. The Initial Study was independently reviewed by City Start: and this Negative Declaration reflects the
independent judgement of the City of Gilroy.
Draft Negative Declaration
TM 97-04
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12122~7
Mitization Measures
1. A soils investigation shall be prepared for the project by a qualified soils engineer. The recommendations
of the soils investigation shall be incorporated into the final building plans and shall be reviewed and
approved by the Gilroy Engineering Division prior to approval of the building permit
2: Prior to the issuance of a building permit, ~e project developer shall complete the following tasks:
A. Submit a Landscape Plan, for review and approval by the Planning Division, indicating the location
and size of the significant oak trees found on the project ~ite. .
B. Submit language, for review and approval by the Planning DiviSion, to he recorded on the deeds
of the residential lots containing significant oak trees. The language shall be as follows:
"All significant trees shall be maintained by the property owner until deemed insignificant
by a public hearing or deemed a threat to the public health, safety, and welfare. by the
Director of Planning. "
C. Submit proof of recordation to the Planning Division.
3. During construction of the proposed project, the following measures will occur:
A. The tree shall be fenced prior to grading activities to prevent further root damage. The fencing
shall, at minimum" conform to the dripline of the tree. A larger area is desirable.
B, Construction vehicles shall be routed around the drip line of the tree.
4. The following language shall be included on any permits issued for the project site, including, but not
limited to, building permits for the future development
"All noise generating construction activities shall be limited to weekdays between 7 AM and 7
PM, to Saturdays and City holidays between 9 AM and 7 PM No construction is allowed on
Sundays. In addition, the developer will be required to use temporary berms or noise attenuation
barriers where feasible. "
5. 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 pennits for the future development, pursuant to the review and approval of the Gilroy Planning
Division:
"If archaeological resources or human remains are discovered during construction, work shall be
halted at a minimum of 200 feet from the find and the area shall be staked off. The project
developer shall notify the coroner or a the Director of the ArchaeOlogical Regional Research
Center. If the find is determined to be significant, appropriate mitigation measures shall be
formulated and implemented. "
William Faus,
Planning Division Manager
Date Prepared: December 22, 1997
End of Review Period: January 16, 1998
Date Approved By City Council:
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Mitigation ~onitoring Checklist A
Prior to issuance of a BuDding Permit, the following mitigation measures shall be
implemented:
Mitigatio Nature of Mitigation Party Responsible Party
n for Responsible
Measure Implementation for
Number Monitorin2
1 A soils investigation shall be prepared for the project Developer Gilroy
by a qualified soils engineer. The recommendations Building
of the soils investigation shall be incorporated into Division
the final building plans and shall be reviewed and
approved by the Gilroy Engineering Division prior to
approval of the building permit.
2 Prior to the issuance of a building permi4 the project Developer Gilroy
developer shall complete the following tasks: Planning
A. Submit a Landscape Plan, for review and Division
approval by the Planning Division, indicating the
location and size of the significant oak trees
found on the project site.
B. Submit language, for review and approval by the
Planning Division, to be recorded on the deeds of
the residential lots containing significant oak
trees. The language shall be as follows:
"All significant trees shall be maintained by the
property owner until deemed insignificant by a public
hearing or deemed a threat to the public health,
safety, and welfare, by the Director of Planning. "
C. Submit proof of recordation to the Planning
Division.
4 The following language shall be included on any Developer Gilroy "
permits issued for the project site, including, but not Planning
limited to, building permits for the future ' Division
development. "All noise generating construction Gilroy
activities shall be limited to weekdays between 7 AM Building
and 7 PM, to Saturdays and City holidays between 9 Division
AM and 7 PM. 'No construction is allowed on
Sundays. In addition, the developer will be required
to use temporary berms or noise attenuatIOn barrien
where feasible."
....11;.
Walton Property Mitigation Monitoring Program
MMP-3
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5 Due to the poasibUity that sipmcant buried cultural Developer' Gilroy
l'eIources might be found during construction, the Planning
foDowing language shall be included in any permita Division
issued for the project site, including, but not Umited
to bOOding permits for the future development, ,
punuant to the review and approval of the GUroy
Planning Division:
"If archaeological resources or human remains are, . " .., ;
discovered during construction, work shall be halted , .
at a minimum of 200 feet from the find and the area "
shall be staked off. The project developer shall notify
the coroner or a the Director ofthe Archaeological
Regional Research Center. If the find is determined
to be significant, appropriate mitigation measures
shaD be formulated and implemented."
Mitigation Monitoring Checklist B
Prior to construction, the following mitigation measures shall be implemented:
Mitigatio
n
Measure
Number
3
Nature of Mitigation
Party Responsible
for
Implementation
Party
Responsible
for
Monitorin
During construction of the proposed project, the
foDowing measul'el will occur:
A. The tree shall be fen~d prior to grading'" - -.'",
activities to prevent further root damage. The
fencing shall, at minimum, conform to the '
drip line of the tree. A larger area is desirable.
B. Construction vehicles shall be routed around the
dri line of the tree.
Developer
Gilroy
BOOding
Division
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I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached
Resolution No, 98-12 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 March, 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 20th day of March, 1998,
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City Clerk of die City of Gilroy
(Seal)