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Resolution 1999-11 . . RESOLUTION NO. 99-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 98-04, A TENTATIVE MAP WITH 12 RESIDENTIAL LOTS ON APPROXIMATELY 3.4 ACRES LOCATED EAST OF CALLE DEL REY, WEST OF BAY TREE DRIVE, APN 783-35-072 WHEREAS, Charles S. Schramm ("Applicant") submitted TM 98-04, requesting a Tentative Map to subdivide a 3.4 acre parcel into 12 single-family residential lots and one remainder lot; and WHEREAS, III accordance with the California Environmental Quality Act ("CEQA"),the City prepared an expanded initial study and circulated a proposed Negative Declaration in conjunction with this application; and WHEREAS, the Planning Commission held a duly noticed public hearing on January 7, 1999, at which it considered this project and voted to recommend approval of the Negative Declaration and ofTM 98-04 to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on January 19, 1999, at which time the City Council considered the public testimony, the Staff Report dated December 17, 1998, and all other documentation on the project; and WHEREAS, the City Conncil thereafter revised the Negative Declaration to require more restrictive construction hours; and WHEREAS, the City Council then adopted the Negative Declaration, attached hereto as Exhibit A, finding that it was completed in compliance with CEQA, it reflected the independent judgment of the City, and that there was no substantial evidence in the record that the project will have a significant effect on the environment; 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. NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council finds as follows: IKHM\434549.01 85.()12504706002 -1- RESOLUTION NO. 99-11 . . 1. The project is consistent with the exemption from the Residential Development Ordinance granted to the developer by the City Conncil, and with the intent of the goals and policies of the General Plan, all as set forth in the Staff Report dated December 17, 1998. 2. The project is consistent with the Zoning Ordinance, the City's Subdivision and Land Development Code, and the State Subdivision Map Act. 3. There are no facts to support findings requiring denial of the proposed tentative map pursuant to Califomia Government Code section 66474. B. Tentative Map TM 98-04 should be and hereby is approved subject to: 1. The eighteen (18) conditions identified in the Staff Report dated December 17, 1998,and 2. An additional condition requiring construction traffic to enter the site from Calle del Rey, and 3. An additional condition setting forth the phasing schedule for the project as follows: Phase 1 consists oflots 3 through 8 and Phase 2 consists of lots 1, 2 and 9 through 12. A list of these conditions is attached hereto as Exhibit B, and incorporated herein by this reference. C. The mitigation measures as revised set forth in the Negative Declaration and the mitigation/monitoring program, attached hereto as Exhibit C and incorporated herein by this II II II II II II II IKHM\434549.01 85-012504706002 -2- RESOLUTION NO. 99-11 . . reference, are hereby adopted. PASSED AND ADOPTED this 1st day of February, 1999 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, MORALES, ROWLISON, SPRINGER, SUDOL NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: GIFFORD, GILROY ATTEST: ~Uf~~ Rhonda Pellin, City Clerk IKHM\434549.01 85.(112504706002 -3- RESOLUTION NO. 99-11 City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 (408) 848-0440 . EXHIBIT A ... Community Development Department Planning Division NEGATIVE DECLARATION City File Number: TM 98-04 Project Description: Name of Project: Nature of Project: Schramm Property Tentative Map Request to subdivide a 3.4 acre site into 13 residential lots Project Location: Location: East of Calle del Rey, west of Bay Tree Drive Assessor's Parcel Numbers: 783-35-072 Entity or Person's) lJndertakine Project: Name: Address: Charles S. Schramm 11495 Center Avenue, 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 Department, 7351 Rosanna Street, Gilroy, CA 95020. Finrling,. & 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 fmdings: 1. The proposal is a logical component of the existing land use of this area. Negative Declaration Schramm Property Tentative Map 2 1/25/99 . . 2. Identified adverse impacts are proposed to be mitigated through preparation of special studies, and construction of off-site improvements. 3. The proposed project is consistent with the adopted goals and policies of the General Plan of the City of Gilroy. 4. The Initial Study was independently reviewed by City staff, and this Negative Declaration reflects the independent judgement of the City of Gilroy. Mitieation 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. The following control measures shall be incorporated into any permits issued for the proposed project: A. Water all active construction areas at least twice daily. B. Cover all trucks hauling soil, sand, and other loose materials, or require all trucks to maintain at least two feet of freeboard. C. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. D. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites. E. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. F. Hydroseed or apply (non-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 traffic speeds on unpaved roads to 15 mph. I. Install sandbags or other erosion control measures to prevent silt rnnoff to public roadways. J. Replant vegetation in disturbed areas as quickly as possible. 3. 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 6 PM, to Saturdays and City holidays between 9 AM and 6 PM. No construction shall occur on Sundays. In addition, the developer will be required to use temporary berms or noise attenuation barriers where feasible. " Negative Declaration Schramm Property Tentative Map . 3 . 1/25/99 4. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included in any pennits 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 notif'y the coroner or the Director of the Archaeological Regional Research Center. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented." Date Prepared: August 27, 1998 End of Review Period: William Faus Planning Services Manager . EXHIBIT B . 1. Mitigation Measures 1 through 4 contained within the Negative Declaration for this project shall be applied to the approval of the project in order to reduce and/or eliminate all potential significant impacts to a level of insignificance, as required under the California Environmental Quality Act (CEQA), subject to the review and approval of the Planning Division. 2. Hydrant locations and water main sizing shall be subject to approval by the Building, Life and Environmental Safety Division, prior to the issuance of any building permits. The minimum fire flow shall be 1000 gallons per minute. 3. Fire hydrants shall be installed and able to be opened prior to the start of combustible construction, subject to approval by the Building, Life and Environmental Safety Division. 4. An all-weather fire access road shall be provided and maintained prior to commencement of combustible construction (minimum 20 foot width), subject to approval by the Building, Life and Environmental Safety Division. 5. 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 the Engineering Division. 6. 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 the Engineering Division. 7. All street improvements are to be done per City of Gilroy Standards, subject to the approval of the City Engineer. 8. All retaining walls must be constructed of permanent materials such as concrete or masonry. Wood shall not be permitted. This shall be subject to the review and approval of the Engineering Division. 9. All grading operations' and soil compaction activities shall be per the approved soils report and shall meet with the approval of the City Engineer. Grading plans shall show grades of all adjacent properties, and shall be subject to the approval of the Engineering Division. . 10. All lots shall drain to the street for storm drainage, subject to the review and approval of. the Engineering Division. 11. The developer shall negotiate rights-of-way with Pacific Gas and Electric and other utilities, subject to review and approval by the Engineering Division and the utility companies. -------.,- . . 12, All existing water wells shall be sealed to meet the approval of the City Engineer and the Santa Clara Valley Water District (SCVWD). 13. All existing septic tanks shall be removed and capped, subject to the review and approval of the Engineering Division and the Santa Clara Valley Water District (SCVWD). 14. The subdivider shall defend, indemnifY, and hold harmless the City, its City Council, Planning Commission, agents, officers, and employees from any claim, action, or proceeding against the City or its City Council, Planning Commission, agents, officers, or employees to attack, set aside, void, or annul an approval of the City, City Council, Planning Commis~ion, 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. 15. Prior to Council approval of the Tract Map and Improvement Plans, the following items will need to be completed: 1. A signed original composite plan by the electrical design engineer shall be a part of the improvement plans; 2, A letter from the subdivision design civil engineer shall be prepared which states that the composite plan agrees with City Codes and Standards and that no underground utility conflict exists; 3. "Will Serve Letters" from each utility company for the subdivision shall be supplied to the City; and 4. The plan check and inspection fee for the utility underground work will be collected by the City. This shall be subject to review and approval by the Engineering Division. 16. The developer shall place City-approved hardscaping in the area where Bay Tree Drive abuts Calle del Rey, rather than the landscaping shown on the map. This shall be subject to the review and approval of the Planning and Engineering Divisions. 17. Lots 6, 7, and 8 shall be required to share one common driveway; no additional driveways shall be allowed for any of these lots. This shall b~ subject to the review and approval of the Engineering Division. 18. The area surrounding the common driveway for lots 6, 7, and 8 shall be landscaped. Landscaping plans, including specifications for an irrigation system, shall be approved by the Planning Division in accordance with the adopted Consolidated Landscaping Policy, prior to issuance of a building permit. The landscaping shall be continuously maintained in an orderly, live, healthy, and relatively weed-free condition, in accordance with the adopted Consolidated Landscaping Policy and the approved specific landscape plan. . . 19. Construction traffic shall enter this site from Calle del Rey, subject to the supervision of the Community Development Department. 20. The first phase of this project shall consist oflots 3 through 8; the second phase shall consist oflots 1,2 and 9 through 12. Schramm Property Tentative Map Mitigation Monitoring Program 3 . EXHIBIT C . Mitigation Monitoring Checklist Prior to issuance of a Building Permit, the following mitigation measures shall be implemented: . 1 The project developer shall submit a soils investigation prepared for the project by a qualified soils engineer. The purpose of the soils investigation is to determine the exact soil characteristics and limitations on the site, and to recommend appropriate engineering specifications for development of the site. 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. Developer Gilroy Building Division 1 , ., . . 2 The following control measures shall be incorporated into any permits issued for the proposed proj ect: A.. Water all active construction areas at least twice daily. B. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. C. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. D. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites. E. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. F. Hydroseed or apply (non-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 traffic speeds on unpaved roads to 15 mph. I. Install sandbags or other erosion control measures to prevent silt runoff to public roadways. J. Replant vegetation in disturbed areas as quickly as possible. 3 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 6 PM, and to weekends between 8 AM and 6 PM. No construction is allowed on Sundays. In addition, the developer will be required to use temporary berms or noise attenuation barriers will be used where feasible." Schramm PrOperll} Tentative Map Mitigation Monitoring Program . Developer Developer " Gilroy Planning Division , Gilroy Planning Division Gilroy Building Division 4 ---"-_._---~--~ Schramm Propern} Tentative Map Mitigation Monitoring Program 5 . . 4 Due to the possibility that significant buried Developer Gilroy cultural resources might be found during Planning construction, the following language shall be Division 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 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 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." " . . , . I, RHONDA PELLlN, City Clerk of the City of Gilroy, do hereby certifY that the attached Resolution No. 99-11 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 1st day of February, 1999, 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 5th day of March, 1999. ~ (Seal)