Resolution 1999-26
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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
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RESOLUTION NO. 99-26
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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.
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RESOLUTION NO. 99-26
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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:~/ ~
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onda Pellm, CIty Clerk
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RESOLUTION NO. 99-26
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Communitfnevelopment Ifpartment '
Planning Division
Staff Report
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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
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(PUD) AlS 98-3~' . ' 2
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. .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
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. 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.
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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 .
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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.
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(PUD) A/S 98-39
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_/21/99 (revised 2!09~)' . ."
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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 '
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.' Community Development Department
Planning Division
N egativeDeclaration City of Gilroy
7351 Rosanna St.
Gilroy, CA9S020
(408) 848..Q4.40
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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
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,Draft Negative Declaration ..
Filc:s: Z 9~8, TM 98-11, and 8-39
2
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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
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. ATTACHMENT B..
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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
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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.
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City Clerk of the City 0 Gilroy
( Seal)
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