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Resolution 1998-12 . . 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 -1- RESOLUTION NO. 98-12 . . 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: K~~~~ ATTEST: ~, ~....~' Rhonda Pellin, City Clerk IKBAI403379,01 83.022404706002 -2- RESOLUTION NO. 98-12 .'i,~~;'?':Revised 2f1, , , ., ,.';::':>'~"~::~:fP~;r\::;,~;:,~~",.,;,?~':;F~,:~''':':;,;\~0 , ," "'. .=:;-....-..... " ._~~_..._,.., ~~--:~'''_-.4'~ . .... .. ,', . . '",:, ,.........,1 _..-:~~~.~;.'~-,',... ,.,!...-~.;:._~..: ~;~~.;~.'- In addition. StaffiecoMrrien(t;"the:follo\VIni;~~1ii<<QirDe.!pt~~hri:the- ptfu~~ofthis reqpest:.:.:..... , .._ ,-.. '-.-' -."'. ~.:.~......:..- Z~:':':':''"-'.;;';''''':'~:::':1;'~''.''\II''a~'U...:.:...-...I'''-il'.,;;. . ... ;~:'~'. ...~_':':' ... t .... ,,.,_..... '," :""-'-'(';n<h:rlin&i".,.e'",,, :,' ' 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). : ..., , " . ._'., -..;1.. ..,.., .'._. " 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. 2. 3. 4. 5. 6. 7. 8. 9. .10. . . _, "'. ~~.-:~~~~~: 0198',;", ~.,;';<t' ":; i > ,5-:'7" ,,,f:~t;Jtv,"j;~;!'~ 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. ~, ~ ~~ 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 . 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 ..'... :::,...;~,.-. ~,' '. .,,-, '.'....~;..~~ -r-'" "';~' .." ' ;.- "., ""', .'t. 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 . 2 . 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: C:\WPWIN60\BRY AN\DOCUMEN1\NEG-DEC\W ALTON.NEG .. ....,~.. :~~~~:2-;:_.'~!~' .....~~.~;1~}t; :~: . .TTACHMENT '.S tt: ;;.\ ,,:,,:,,7,~';~::"'':,';'' -"~~'.'~ 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 ~i ..: :', ",. ~..' ;, ' ' . . , . 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 , . . , f . 'I' 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, ~~~, City Clerk of die City of Gilroy (Seal)