Resolution 1999-11
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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:
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RESOLUTION NO. 99-11
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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
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RESOLUTION NO. 99-11
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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
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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
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1/25/99
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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
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3
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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
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EXHIBIT B
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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.
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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.
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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
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EXHIBIT C
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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
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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
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Developer
Developer
"
Gilroy
Planning
Division
,
Gilroy
Planning
Division
Gilroy
Building
Division
4
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Schramm Propern} Tentative Map Mitigation Monitoring Program
5
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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."
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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.
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(Seal)