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Resolution 1999-26 . . RESOLUTION NO. 99-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AlS 98-39 (PUD), AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) INVOLVING APPROXIMATELY 1.11 ACRES, APN 841-12-053 WHEREAS, Robert Martinez ("Applicant") submitted A1S 98-39, an application for architectural and site approval of a planned unit development ("PUD") for an 1.11 acre parcel located east of Eighth Street and east of Chestnut Street; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), a Negative Declaration, along with a mitigation/monitoring program, was adopted by the City Council for this project on February 16, 1999; and WHEREAS, the Planning Commission reviewed application AlS 98-39 at its duly noticed public meeting on February 4, 1999, and recommended that the City Council approve AlS 98-39; and WHEREAS, the City Council held a duly noticed public meeting on February 16, 1999, at which time the City Council considered the public testimony, the Staff Report dated February 10, 1999, and all other documentation related to application AlS 98-39; 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. IKHM1429295,01 84.113004706002 -1- RESOLUTION NO. 99-26 . . NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council hereby adopts the following findings as required by Zoning Ordinance section 50.55 based upon substantial evidence in the record: 1. The project is consistent with the site's land use designation on the General Plan map, and with the intent of the General Plan text. 2. The project provides the type of development which will fill a specific need ofthe surrounding area. 3. The project does not reqUire urban servIces beyond those which are currently available. 4. The project provides a harmonious, integrated plan which justifies exceptions, if such are required, to the normal requirements of the Zoning Ordinance. 5. The project reflects an economical and efficient pattern ofland uses. 6. The project includes greater provisions for landscaping and open space than would generally be required. 7. The project utilizes aesthetic design principles to create attractive building and open areas which blend with the character of surrounding areas. 8. The project will not create traffic congestion, noise, odor, or other adverse effects on surrounding areas. 9. The project provides adequate access, parking, landscaping, trash and storage, as necessary. IKHM\429295,01 84.113004706002 -2 - RESOLUTION NO. 99-26 . . B. The City Council hereby finds: 1. The project will not be detrimental to public welfare or injurious to persons or property in the vicinity. 2. There is no substantial evidence in the record that this project will have a significant impact on the environment. C. A/S 98-39 should be and hereby is approved subject to: 1. The nine (9) conditions set forth in the Staff Report dated February 10, 1999, attached hereto as Exhibit A, and incorporated herein by this reference. 2. The mitigation measures and the mitigation/monitoring program associated with the project as described in the Negative Declaration and the mitigation/monitoring program attached hereto as Exhibit B and incorporated herein by this reference. PASSED AND ADOPTED this 15th day of March, 1999, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, ROWLISON, SPRINGER, SUDOL, GILROY MORALEs NOES: COUNCILMEMBERS NONE ABSENT: COUNCILMEMBERS NONE APPROVED: ~~~ .A. Mike Gilroy, Mayor A. TT:~/ ~ ~-K~~{ . , onda Pellm, CIty Clerk IKHM1429295,01 84-113004706002 -3- RESOLUTION NO. 99-26 .''-;~j'~~::'~:;~.~~r)~~;~;~~~.~ Communitfnevelopment Ifpartment ' Planning Division Staff Report ,,' . ,;: ',;,'. ." Zoning R3-PUD* January 21, 1999 (Revised February 10, 1999) FILE NUMBER: APPLICANT: LOCATION: STAFF PLANNER: AlS 98-39 Robert Martinez East Eighth Street, east of Chestl11Jt Street Bryan Stice REOUESTED AcnON: The applicant requests Planned Unit Development Architectural & Site Review approval in order . construct four duplexes and a private cul-de-sac on a l.ll-acre parcel zoned R3-PUD (Medium Density Residential- Planned Unit Development). DESCRIPTION OF PROPERTY: Parcel No.: Parcel Size: Flood Zone: 841-12-053 l.ll:l: net acres . "B" Panel # 060340 0004 E Date: 8-17-98 LOMR: 11-10-98 STATUS OF PROPERTY: Existing Land Use Undeveloped Residential Parcel C'-.eneral Plan Designation 'Residential Medium Density STATUS OF SURROUNDING PROPERTY: Existing Land Use N: Motel S: Outdoor Pallet Storage Yard E: Residential Dwelling Mini Storage Facility W: Apartments, Fourplex General Plan Designation Residential Medium Density General Services Commercial Residential Medium Density General Services Commercial Residential Medium Density CONFORMANCE OF REOUEST WITH GENERAL PLAN: Zoning R3 CM R3 CM R3 The proposed project conforms to the land .use designation for the property on the General Pian map, . and is consistent with the intent of the text of the General Plan document. In addition, this project conforms with the policies of Gilroy's' General Pian. * Pending approv8.I of Z 98-08 EXHIBIT A ~: ':::..ff.~' .":~:"'~ :~~:,\\~~~~~+..~:~'"-j:_::Jt~.;~~(::~;:'-~1,~~~}ifi' .~-~;~" '.. (PUD) AlS 98-3~' . ' 2 "', ".,,_.':'~~~ . .1121/99 (~ed 2/09J99)":~:>> '': ENVIRONMENTAL IMPACTS: NEGATIVE DECLARATION An Expanded Initial Study was prepared for the proposed project by the City's independent environmental consultant (EMC Planning Group) in December, 1998. The study was completed in compliance with CEQA and reflects the independent judgement of the City. The study identified potentially significant effects on the environment, however, the applicant has agreed to individual mitigation measures which will avoid or mitigate the effects to a point where no significant impacts will . occur. ,. A Negative Declaration (dated 12-10-98) with six (6) mitigation measures and Mitigation Monitoring Program have been prep8red. The Initial Study was circulated with the Negative Declaration. for a 21- day period ending 1-04-99. No revision to the Negative Declaration was necessary as a result of the circulation period or written comment. There is no substantial eviden~ that the proposed project may have a significant effect on the environment. RDO BACKGROUND: . The Residential Development Ordinance (ROO) provides an exemption within section 50.62 (b) (1), under which the applicant proposes to develop. This exemption allows up to 6 units to be constructed per year (not exceeding 12 units in 3 years) without competing in the ROO process. . RELATED APPLICA nONS: TM 98~11: A request to subdivide property totaJling 1.11 net acres into four (4) duplex lots. Proposed lots would be accessed via a new private cul-de-sac, proposed as part of the subdivision. Z 98-08: A request to rezone property totalling 1.11 net acres from R3 (Medium Density Residential) to . R3-PUD (Medium Density Residential - Planned Unit Development) to create a PUD combining district. ANALYSIS OF REOUEST: The applicant requests Planned Unit Developme.nt Architectural & Site Review approval in order construct four duplexes and a private cul-de-sac on a 11.1 I-acre parcel zoned R3-PUD (Medium . Density Residential - Planned Unit Development). The project site is located within an existing . residential neighborhood on the south side of East Eighth Street, east of Chestnut Street. The project site is bordered by a single family dwelling and mini storage facility to the east, a fourplex and apartments to the west, a motel to the north, and an outdoor pallet storage yard to the south. The project requires Planned Unit Development approval by the Planning Commission and City Council since the project involves the construction of a private street. A Tentative Map application (fM 98-11) has also been submitted with this request. (PUD) AlS 98-39 . 3 '~,p"~. ,-.~, '.. . . . . --'~':-'~ , '''''.;f'l'--:# ~~, .-- -~_,_<_~".!.-~ --~>:.'..:;t.-~':.:: .1/21/99 (revised 2109~),cf . ,-. . As i11Wtrated, the proposed duplexes will be situated in a private cul-de-sac on lots ranging from 8,412. to 9,160 square feet. Due to the property's irregular shape, three lots are positioned side-by-side along th.e east side of the street (phase I), and one lot is positioned along the west side '(Phase 11). The applicant proposes two-story and single-story duplex models for the site, each containing three. (3) bedrooms, two (2) bathrooms, and a two-car garage. The two-story model totals 1,634 square feet with 1,210 square feet of living space. The single-story model totals 1,539 square feet with 1,115 square feet of living space. Both models are attached at the garage and feature the following architectural elements and building materials: .. . Gabled roof design with composition shingles; . · Stucco siding with plaster trim; . French windows with plaster planter shelves; . Decorative, covered enuYways; and . Sectional overhead garage doors. The private cul-de-sac will be accesstble off of East Eighth Street, south of the East Street intersection. The applicant proposes the private cul-de-sac since the property has an irregular shape and since there is a limited amount of buildable area Since a private street is proposed as a part of the project, a PUD combining district is required, subject to review and approval by the Planning Commission and City Council The applicant is not proposing to utilize the PUD combining district to deviate from any City Zoning Ordinance requirements. Proposed street improvements involve the construction of a new private cul-de-sac, sidewalk, curb, and gutter within the project site, and regular new sidewalk, curb, and gutter along the East Eighth Street frontage. All street improvements are required to meet minimum City standards. A five-foot-wide landscape strip Will be provided between the private street and the residential propertY located immediately to the west. The applicant proposes four (4) off-street parking spaces in addition to the 16 spaces (two per unit) required under the City Zoning Ordinance. The City's Deputy Fire Marshali has reviewed the project plans and has determined that there will be adequate fire apparatus access to the site upon its buildout. . The proposed Planned Unit Qevelppment is substantially consistent with the intent of the City's General Plan text and ZoninfJ Ordinance. , REOUIRED FINDINGS: In order to grant Planned Unit Development (PUD) approval, the Planning Commission and City Council must find that the proposed PUD will: A. Conform to the Gilroy General Plan in terms of general location and standards of development; B. Provide the type of development which will fill a specific need of the surrounding area; C . Not require urban services beyond those which are currently available; D. Provide a harmortious, integrated plan which justifies exceptions, if such are required, to the normal requirements of ibis Ordinance; E. Reflect an economical and efficient pattern ofland uses; (PUD) AlS 98-39 . . 4 -u.~ F. Include greater provisions for landscaping and open space than would generally be required; G. Utilize aesthetic design principles to create attractive building and open areas which blend with the character of surrounding areas; H. Not create traffic congestion, noise, odor, or other adverse effects on surrounding areas; and I. Provide adequate access, parking, landscaping, trash and storage, as necessary, PLANNING COMMISSION ACfION: At their meeting of February 4, 1999, the Planning Commission voted 6-0-1 (Kai Lai absent) to recommend City Council approval oflhe requested Planned Unit Development Architectural & Site Review (AtS 98-39). In addition, the Planning Commission recommended that condition #2 be modified as indicated in bold italicized typeface below. STAFF RECOMMENDATION: Staff recommends that the City Council approve this request for the following reasons: A . The proposed project consistent with the site's land use designation on the General Plan map and with the intent of the General Plan text; B. The proposed project meets all of the required findings as required for approval; C The proposalwill not be detrimental to public welfare or injurious to persons or property in the vicinity; and D. There will be no significant impacts as a result of this project due to the required mitigation measures to be applied. In addition. staff recommends that the foUowin~ conditions he placed on the approval of this request: ' 1. MITIGATION MEASURES #1 THROUGH #6., contained within the Negative Declaration, dated 12-10-98 sha1l be applied to the approval of the project in order to reduce and/or mitigate all potential significant impacts to a level of insignificance, as required under the California EnVironmental Quality Act (CEQA). 2. Landscaping: Landscaping plans for the Eighth Street frontage and the project site shall include specifications for an irrigation system, and shall be approved by the Planning Division. Such plans shall be reviewed and approved 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, subject to review and approval by the Planning Division. 3. Each dwelling unit shaI1 be equipped with an automatic sprinkler system, subject to review and approval by the Planning Division. tf1i! (PUD) A/S 98-39 . 5 ~"~:;~"".:':<;}&i~~~~~. _/21/99 (revised 2!09~)' . ." ,"". ".. ......~ 4. The applicant/developer sha1l provide landscaping within a minimum three-foot-wide planter area between each unit's driveway, subject to review and approval by the Planning Division. ..' 5. All landscaped areas adjacent to parking and/or paved areas sha1l be separated by a raised protective curbing to meet minimum City standards, as required under Section 38.22 of the City's Zoning Ordinance, subject to review and approval by the Planning Division. 6. The applicant/developer shaI1 construct rear yard patios for each dwelling unit. Each rear yard shaI1 feature adequate security lighting and privacy fencing, subject to review and approval by the Planning Division. .. .. .' .... 7. The applicant/developer shall provide City-approved street lights. In addition, the applicant and/or developer shall provide adequate driveway lighting, subject to review and approval by . the Planning Division. 8. The applicant/developer shaI1 construct a minimum six-foot-high masonry or concrete wall along the entire south property boundary, in accordance with Zoning Ordinance Section 34.21, subject to review and approval by the Planning Division. 9. Building colors shall be earthtones, subject to review and approval by the Planning Division. William Faus Planning Division Manager ATTACHMENT A ' .. . .' Community Development Department Planning Division N egativeDeclaration City of Gilroy 7351 Rosanna St. Gilroy, CA9S020 (408) 848..Q4.40 .." ',4 " City File Numbers: Z'98-0S, TM 98-11 Proiect Description Name of Project: Nature of Project Martinez Duplex Development . Request to subdivide the 1.11 acre site into four (4) parcels and to construct four (4) duplexes. The proposed subdiVision would ultimately result in the construction of eight (8) residential units with street, sidewalk, utility, and other subdivision improvements on the site. Proiect Location Location: Assessor's Parcel #: 600 East Eighth Street, east of Chestnut Street 841-12-053 Entity or Person(s) lJndertakinli!" Proiect Name: Address: Mr. Robert Martinez 11550 Center Avenue, Gilroy, CA 95020 Initial Stu'-y . 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 Division, 7351 Rosanna Street, Gilroy, CA 95020. Findin~ & 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 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 the adopted goals and policies of the Gilroy General Plm 4. The Initial Study was independently reviewed by 9ty staff; and this Negative Declaration reflects the independent judgement of the City of Gilroy. EXHIBIT B , ,Draft Negative Declaration .. Filc:s: Z 9~8, TM 98-11, and 8-39 2 . 12/10198 . Mitintion MeaSUre! 1 A qualified soils engineer sha1l prepare a soils investigation for the project The recommendations of the soils investigation sha1l be incorporated into the final building plans and sha1l be reviewed and approved by the Gilroy Engineering Division prior to approval of the building permit 2 The following control measures sha1l 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 dai1y (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 dai1y or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.) H Limit traffic speeds on unpaved roads to 15 mph. 1. Install sandbags or other erosion control measures to prevent silt runoff to public roadways. 1. Replant vegetation in disturbed areas as quickly as possible. 3 The applicant shaI1 modifY the proposed cul-de-sac to enable the provision offour required guest parking spaces, subject 10 review and approval by the Gilroy Planning Division prior to tentative map approval. 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 10 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.. 5 The developer shaI1 have a city approved noise analysis conducted by a qualified noise engineer, The noise analysis shaI1 be used to determine the need for any noise attenuation structures or special building design considerations, These design considerations shall be incorporated into the overall design of the project, and shall be submitted for review and approval by the City Planning and Building Divisions prior to the issuance of a building pennit. 6 Due to the possibility that significant buried cultural fesOurc!lS 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 permits for the future development, pursuant to the review and approval of the Gilroy Planning Division: "If archaeological re80W"CeS or human remains an: discovered during construction, work shaI1 be halted at a minimum of200 feet from the find until it can be evaluated by a qua1ified professional archaeologist If the find is detcnnined to be significant, appropriate mitigation measures shaI1 be formulated and implemented. " Date Prepared: December 10, 1998 End of Review Period: Date Approved By City COllllcil: William Faus, Planning Division Manager ';!f ~ . ATTACHMENT B.. 1 A quali.fied soils engineer shall prepare a soils investigation for the project. The l'e!:ommendations 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 pemtit. The following cQntrol 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 requir.e 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. Limitlraffic speeds. on unpaved roads to 15 mph. 1. Install sandbags or other erosion control measures to prevent silt runoff to public roadways. I. Replant vegetation in disturbed areas as quickly as possible. . Mitigation Monitoring Checklist Prior to issuance of aBuilding Pemtit, the following mitigation measures shall be implemented: 2 Martinez Duplex Develapment Mitigation Monitoring Program ~veloper Gilroy. Building Division Developer Gilroy Planning Division 3 . . I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certity that the attached Resolution No. 99-26 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 15th day of March, 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 24th day of March, 1999. ~/ ~&^ ~.) City Clerk of the City 0 Gilroy ( Seal) ~ .