Resolution 1999-48
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RESOLUTION NO. 99-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING NS 99-14 (PUD), AN APPLICATION
FOR ARCHITECTURAL AND SITE APPROVAL OF A
PLANNED UNIT DEVELOPMENT (PUD) INVOLVING
APPROXIMATELY 37.41 ACRES, APN's 790-04-057, -059, and
-062,
WHEREAS, South County Housing ("Applicant") submitted NS 99-14, an application
for architectural and site approval of a planned unit development ("PUD") for a 37.41 acre parcel
located on the east side of Santa Theresa Boulevard, adjacent to the Santa Clara Valley Water
District Channel, and south of Longmeadow Drive; and
WHEREAS, pursuant to the California Enviromnental Quality Act ("CEQA"), a Negative
Declaration was adopted by the City Council on June 20, 1998, along with a
MitigationIMonitoring Program, which included this project in connection with zone change
application Z 98-05; and
WHEREAS, the Planning Commission reviewed application NS 99-14 at its duly
noticed public meeting on May 6, 1999, and recommended that the City Council approve
NS 99-14; and
WHEREAS, the City Council held a duly noticed public meeting on May 17, 1999, at
which time the City Council considered the public testimony, the Staff Report dated April 22,
1999, and all other documentation related to application NS 99-14; 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.
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RESOLUTION NO. 99-48
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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 conforms to the site's land use designation on the General
Plan map, and the General Plan standards of development.
2. The project offers market rate and affordable residential housing to south
Santa Clara County and northern San Benito County, thereby fulfilling a specific
need of the surrounding area.
3. Urban services are available at this site.
4, The project provides a harmonious, integrated plan which justifies
exceptions to the normal requirements of the Zoning Ordinance.
5. The project continues the pattern of development along Santa Theresa
Boulevard, reflecting an economical and efficient pattern of land uses.
6. The project includes landscaping provisions which will meet or exceed
those required, including landscaping all front yard lots, and maintaining the same
in an orderly, live, healthy and relatively weed- free condition.
7. The project is harmonious with other developments along Santa Theresa
Boulevard.
8. Any impacts from traffic congestion, noise, and other adverse effects will
be mitigated to the extent feasible.
9. The project provides adequate access, parking, landscaping, trash and
storage, as necessary.
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RESOLUTION NO. 99-48
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2. There is no substantial evidence in the record that this project will have a
significant impact on the enviromnent.
RESOLUTION NO. 99-48
C. AlS 99-14 should be and hereby is approved subject to:
1. The eighteen (18) conditions set forth in the Staff Report dated April 22,
1999, attached hereto as Exhibit A and incorporated herein by this reference.
2. The mitigation measures set forth in the Negative Declaration and the
Mitigation/Monitoring Program, attached hereto as Exhibit B and incorporated
herein by this reference.
PASSED AND ADOPTED this 7th day of June, 1999, by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, MORALES,
ROWLISON, and GILROY
GIFFORD, SPRINGER, SUDOL
NONE
NOES:
ABSENT:
COUNCILMEMBERS
COUNCILMEMBERS
APPROVED:
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K,A. Mike Gilroy, Mayor
ATTE.SJ:) "
~. t2 .
-. W!/Z ./~..(A"--'
Rhon a Pellin, City Clerk
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Community Development Department
Planning Division
Staff Report
April 22, 1999
File Number: NS 99-14 (planned Unit Development)
Applicant: South County Housing
Location: East side Santa Teresa Boulevard, adjacent to the Santa Clara Valley Water District
Channel, south of Longmeadow Drive
Staff Planner: Melissa Durkin
RF.QUF.STF.D ACTION:
Planned Unit Development review of a 180 lot single family subdivision.
DF.SCRIPTION OF PROPF.RTY:
Parcel Number:
Parcel Size:
Flood Zone:
790-04-057,059, and 062
37.41:1: acres [Note: This is a portion of a 64.32 acre Planned Unit Development]
"B" , Panel # 060 337 0640 D, Panel Date: 10/06/81, Revised to reflect LOMR
8/31/95
ST A TUS OF PROPF.RTY:
Existing T and Use
Undeveloped Land
General Plan DesiV'ation
Low Dens. Res/High Dens. Res.
Zoning
Rl/R3-PUD
STATUS OF SURROUNDING PROPF.RTY:
Existing T ,and I Jse
N: Channel/Sing. Family Homes
S: Channel/Sing. Family Homes
E: S. F. Homes/G.U.S.D. Farm
W: S. F. Homes/S. T. Blvd.
General Plan Designation
P.F./L.D. Res/H.D. Res.
Low Dens. Res., Med. Dens. Res.
Medium Density Residential
Low Density Residential
Zoning
RI-PUD
Rl, R3-PUD
Rl, R3, County Ag.
Rl, RI-PUD
EXHIBIT A
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NS99-14 (PUD)
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4/22/99
CONFORMANCE OF REQIJRST WITH GENERAL PLAN:
The proposed project conforms to the land use designation for the property on the General Plan map,
and is consistent with the intent of the text of the General Plan Document. This project conforms with
the policies of Gilroy's General Plan. The following example demonstrates this compliance:
1 Jrhan Development and Community Design (Section II):
Policy 3: "Urban Development will only occur within the incorporated portion of the Planning Area.
Land will therefore be annexed to the City befOre final development approval is given. "
The proposed project is in conformance with this policy, because this land has been within
City limits for many years.
Policy 4: "The City will phase development in an orderly, contiguous manner in order to maintain
a compact development pattern to avoid premature investment for the extension of public
facilities and services. New urban development will occur in areas where municipal
services are available and capacity exists prior to the approval of development in areas
which would require major new facility expansion."
The proposed project is in conformance with this policy, because this property is
surrounded by developed property to the west, north and south, and municipal services are
available near this site.
ENVlRONMRNT A I, IMP ACTS:
NEGATIVE DECLARATION
An expanded Initial Study was prepared for this project under Zone Change application Z 98-05. The
study identified potentially significant effects on the enviromnent, however, the applicant agreed to
implement 15 mitigation measures which will avoid or mitigate the effects to a point where no
significant impacts will occur. A Negative Declaration was adopted for this project on July 20, 1998
RELATED APPI.ICATTONS:
TM 99-02: &" This application accompanies this request
A Tentative Map request to create 183 lots (180 residential lots, 1 private street, I parkldaycare site,
and 1 multifamily residential site). This application will be presented to the Planning Commission
and City Council in May, 1999.
RDO BACKGROlJND:
This Planned Unit Development received 150 market rate RDO allocations in the 1996 RDO
competition [RD 96-09], an exemption for 97 affordable housing units in June, 1998 (M 98-06/ ARE
98-02), and an exemption for 114 affordable housing units in October, 1998 (M 98-09/ARE 98-03).
AJS 99-14 (PUD)
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4/22/99
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PREVIOUS APPI .leA nONS:
The following previous applications were approved for this Planned Unit Development:
Z 98-05:
Zone change request to change the zoning designation of this site from Rl and R3-PUD to a combined
Rl/R3-PUD zoning district. This application was approved in July, 1998.
TM 98-05 and AJS 98-31:
Tentative Map and Planned Unit Development Architectural and Site review for the construction of
75 single family homes. These applications were approved in September, 1998.
TM 98-07 and AJS 98-25:
Tentative Map and Planned Unit Development Architectural and Site review for the construction of
47 single family homes. These applications were in September, 1998.
ANALYSIS OF REQIJRST:
The applicant is requesting Planned Urut Development (PUD) design review for the proposed
construction of 180 single family homes, consisting of 158 detached single family homes and 22
attached homes, on land which totals approximately 37.41 acres. The lots on which these homes
would be constructed will result from Tentative Map application TM 99-02, if it is approved.
This site has a zoning designation of Rl/R3-PUD (Single Family Residentia1/Medium Density
Residential- Planned Unit Development). The applicant is proposing to use the flexibility of the PUD
overlay to allow the Architectural and Site review application to deviate from standard Zoning
Ordinance requirements in three ways: 1) to allow the lots to be less than the minimum allowed 6,000
square feet; 2) to allow a reduced side yard setback for the attached homes; and 3) to reduce the garage
widths to 19'4".
I.nt Size Exeeption
In order to construct homes on single family lots within this development at an affordable price, the
applicant is requesting an exception to the minimum 6,000 square foot lot size requirement. The lots
in this development range in size from 2,770 square feet to 12,510 square feet, with an average size
of approximately 4,880 square feet. Staff has two primary concerns with this reduced lot size. The
fIrst concern is the ability of the lots to accommodate houses within the appropriate setbacks. The
applicant has addressed this concern by designing homes specifIcally to fIt on these lots. With the
exception of 22 "zero lot-line" homes, all of the homes within this subdivision meet the minimum
setback requirements set forth in the Zoning Ordinance. A request for reduced setbacks for the zero
lot-line homes is discussed below.
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AJS 99-14 (PUD)
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4/22/99
The second concern Staff has with the reduced lot sizes is that the amount of lot frontage will also be
reduced, which limits the opportunities for on-street parking. This issue has been addressed by the
applicant providing a minimum of 40 feet of frontage for each lot (with the exception of the zero lot-
line lots on the private street, in front of wmch parking will not be allowed). This allows for a 20 foot
wide driveway and a 20 foot long strip of on-street parking.
Setback Ryceptions
Lots 159 through 180 of this subdivision (located at the northwest comer of Siena Drive and Hirasaki
Avenue) will contain duette (attached) homes. In order to construct attached homes, the applicant
must be granted an exception from the Zoning Ordinance to allow a zero foot setback to one side yard
property line on each lot. (Note: All duette homes located on a corner lot will maintain a minimum
ten foot setback to the street side yard property line.]
The applicant is proposing to construct duette homes in order to provide a product type that can be
sold at a price of $85,000 to $115,000, in compliance with their approved Affordable Housing
Exemption applications [M 98-06 and M 98-09]. The zero foot setbacks will allow homes to be
constructed on the small duette lots (ranging in size from 2,770 square feet to 5,100 square feet, with
an average size 00,582 square feet). Staff's only concern with a zero foot setback is the ability of the
lots to allow adequate drainage, The applicant has addressed this issue by designing each lot with a
zero foot setback in one side yard, and a ten foot setback in the other side yard. This design will allow
all of the drainage to be routed into the ten foot side yard setback area Staff feels that, although these
setbacks are not in strict compliance with the zoning ordinance, they meet the intent of the PUD
concept.
(;araee nimendon~
The applicant is requesting to reduce the size of the garage in these homes from the normally required
20 feet wide by 20 feet long to 19 feet 4 inches wide by 20 feet long. Staff does not anticipate any
negative impacts to result from this deviation.
The Zoning Ordinance requires that extra amenities be provided in exchange for the flexibility that
the Planned Unit Development allows. The applicant is fulfilling this requirement by providing
affordable housing in this tract and by landscaping the front yards of these lots.
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Private Street
Fourteen of the duette homes will obtain vehicular access from a private, 24 foot wide street. This
street will be maintained by the developer. The remainder of the courtyard homes will obtain
vehicular access from the public streets.
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A/S 99-14 (PUD)
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4/22/99
Duette Hnmes facing Hirasaki Avenue
Four duette homes (lots 165, 174, 175, and 176) will face Hirasaki Avenue, Hirasaki Avenue is a
General Plan collector street. Staff tries to restrict driveways from accessing collector streets, because
of the high volwne of vehicles that travel on these streets, and the fast rate of speed at which these
vehicles often travel. The applicant has addressed this issue by designing these duette lots with
garages that will obtain their access from the private street to their rear.
Fencine: A.lone: Hirasaki Avenue
Due to Staff's restrictions in allowing driveways to obtain access from collector streets, usually the
side or rear yard of a lot abuts a collector street. Since the side and rear yards of homes are usually
fenced, there is often a long, unbroken length of fence adjacent to collector streets. This is
undesirable, since fences are not normally visually pleasing, and are often vandalized with graffiti.
The only area of this project where staff believes the length offence will create visual problems or be
especially attractive to graffiti is along the sides of lots 97 and 120. To address this issue, Staff
recommends that the applicant be required to provide a fence design that uses techniques such as
heavy landscaping, placement of trellises, and/or other elements that will break up the monotony of
the fence, and reduce the attractiveness of the fence to graffiti vandals.
Home Design
South County Housing is proposing to construct seven different models of homes on this site
(including the duette homes). All of the homes will have two-car garages and reverse floor plans.
Following is an analysis of the models:
Plan 1
This two-story model is proposed to be approximately 2,025 square feet in area with two story
construction, and an attached two car garage. Architectural elements of this home include multi-level
roofs, enhanced entry ways, and a large front window,
Plan 2
This model is proposed to be approximately 2,060 square feet in area with two story construction, and
an attached two car garage. Architectural elements of this home include multi-level hip and gable
roofs, decorative windows, and enhanced entry ways.
Plan 3
This model is proposed to be approximately 1,800 square feet in area with single story construction,
and an attached two car garage. Architectural elements of this home include a multi-level gable roofs,
an enhanced front entry, and decorative windows.
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AlS 99-14 (PUD)
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4/22/99
Plan 4
These two-story models are proposed to be 1,550 square feet in area Some elevations of this model
include steeply pitched gable roofs on the front of the house, wooden shutters, and decorative louvers,
while other elevations have wood shingle siding, and multi-level gable roofs.
Plan 5
Plan 5 is a two story, 1,460 square foot house. Each elevation of this model includes a front porch,
and a front window extending over the garage.
Plan 6
This single story 1,150 square foot plan has a two-car garage, gable roofs, and an enhanced front entry
way.
Plan 7 (Duettes)
The duette homes are two-story, and attached to the adjacent home through the garage. The attached
units have been designed to blend together, while also having distinctive elements. These homes
feature gable and shed roofs, decorative windows, and either stucco, or wood shingle siding.
Access to this development will be provided by Hirasaki Avenue (a collector). The proposed PUD
configuration also shows several new public streets which contribute to the traffic circulation of this
project. The proposed street alignments are consistent with minimum City development standards.
FINDINGS:
In order to grant Planned Unit Development (PUD) approval, the Planning Commission and City
Council must find that the proposed Planned Unit Development 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 harmonious, integrated plan which justifies exceptions, if such are required, to the
normal requirements of this ordinance;
E. Reflect an economical and efficient pattern ofland uses;
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A/S 99-14 (PUD)
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4/22/99
F. Include greater provisions for landscaping and open space than would generally be required,
G. Utilize aesthetic design principles to create attractive buildings and open space areas which
blend with the character of surrounding areas;
H. Not create traffic congestion, noise, odor or other adverse effects on surrounding areas; and
1. Provide adequate access, parking, landscaping, trash areas and storage, as necessary.
ST A FF RRC.OMMENDA nON:
Staff recommends that the Planning Commission forward a recommendation to the City Council to
approve this request for the following reasons:
A. The project proposal is consistent with the exemption from the Residential Development
Ordinance granted to the developer by the City Council;
B. The proposed PUD is consistent with the intent of the goals and policies of the City's General
Plan document;
C. The proposed development is consistent with the Zoning Ordinance.
D. Public utilities and infrastructure improvements needed in order to serve the proposed project
are in close proximity;
E. There will be no significant enviromnental impacts as a result of this project due to the
required mitigation measures to be applied; and
F. The proposed development is consistent with PUD [mdings A through r, as stated in Zoning
Ordinance Section 50.55.
rfthis project is approved, staff recommends that the following conditions be attached to the approval
of the project:
1. Mitigation Measures I through 15 contained within the Negative Declaration for this project shall
be applied to the approval of the project in order to fl:duce and/or eliminate all potential
significant impacts to a level of insignificance, as required under the California Enviromnental
Quality Act (CEQA), subject to the review and approval of the Planning Division (see
attachment).
2. Construction of these 180 units shall be subject to the applicant receiving City Council approval
ofTM 99-02.
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A/S 99-14 (PUD)
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4/22/99
3. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward from the
site toward any residential use or public right-of-way, subject to review and approval by the
Planning Division.
4. Mechanical Appurtenances: Mechanical equipment to be located on the roof of a building shall
be screened by an architectural feature of the building, such that it cannot be seen from ground
level at the far side of the adjacent public right-of-way, whenever possible, subject to review and
approval by the Planning Division.
5, Building colors shall be earth tones, subject to review and approval by the Planning Division.
6. All utilities constructed to, through and on the site shall be constructed underground, subject to
review and approval by the Engineering Division.
7. The overall project shall comply with the provisions of Zoning Ordinance Section 5.50, "Site
Design Requirements", pertaining to proposed individual dwelling unit designs, subject to review
and approval by the Planning Division.
8. Street addresses shall be assigned by the Engineering Division.
9. All proposed fencing must meet the requirements of the Planning Division.
10. The side yard fence of lots 97 and 120 aiijacent to Hirasaki Avenue shall be designed using
techniques such as heavy landscaping, placement of trellises, and/or other elements that will
break up the monotony of the fence, and reduce the attractiveness of the fence to graffiti vandals.
This shall be subject to the review and approval of the Planning Division.
11. Location of hydrants must be approved by the Building, Life and Enviromnental Safety Division
for this project.
12. Street trees will be required for the above project per the Consolidated Landscaping Policy. A
Street Tree Permit must be obtained, subject to review and approval by the Community Services
Department..
13. The applicant shall landscape the front yard of all lots. Landscaping plans including
specifications for an irrigation system shall be subject to approval by the Planning Division in
accordance with the City's Consolidated Landscaping Policy, prior to the 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 landscaping policy,
14. The developer shall designate which lots will be sold to lower income households, prior to
approval of the Final Map for this site, subject to review and approval by the Planning Division.
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AJS 99-14 (PUD)
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15. Homes on adjacent lots must meet the requirements of Zoning Ordinance section 5.51.
16. All weather fIre access roads and fIre hydrants to be in place prior to start of any combustible
construction, subject to the review and approval of the Deputy Fire Marshall.
17. Homes on lots 165 - 175 shall be sprinklered or additional fIre hydrants shall be installed on
Siena Drive. Addresses for lots 165-175 shall be readily visible from the public street (Siena
Drive). These conditions shall be subject to the review and approval of the Deputy Fire Marshall.
18. The portion of those homes that can be seen from Santa Teresa Boulevard will be required to
include architectura1 enhancements (e.g. decorative shutters and framed windows). This shall be
subject to the review and approval of the Planning Division.
Respectfully,
AZ
illiam F aus
Planning Division Manager
Planning Commission Action:
At the May 6, 1999 Planning Commission meeting, the Planning Commission recommended approval
of this application with the 18 conditions in this staff report. The vote was 5-2 (Commissioners
Pinheiro and Gartman recused themselves due to conflicts).
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Community Development Department
Planning Division
NEGATIVE
DECLARATION
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
(408) 848-0440
City File Number: M 98-06
Project De..,ription:
Name of Project:
Nature of Project:
Los Arroyos Planned Unit Development
Request to construct 373 dwelling units, a child care/community center, and
a 2.5 acre public park on a 64.8 acre parcel
Project I,ocatinn:
Location:
Property located East of Santa Teresa Boulevard, West of Kern Avenue, North of
Mantelli Drive, and South ofLongmeadow Drive
Assessor's Parcel Numbers: 790-04-037,038,057,059,062
Entity nr Per.on(.) Undertaking Project:
Name:
Address:
South County Housing
7455 Carmel Street
Gilroy, CA 95020
and Glen Loma Group
7888 Wren Ave. Suite 0-143
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 enviromnent A copy of this study is on file at the
City of Gilroy Planning Department, 7351 Rosanna Street, Gilroy, CA 95020.
EXHIBIT B
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Prelimin,,'Y Negative Declaration
Los Arroyos PUD
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5/27/98
Findings & Reasons:
The Initial Study identified potentially significant effects on the enviromnenl However, thisproject
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 enviromnent. The following reasons will support these fmdings:
I. The proposal is a logical component of the existing land use of this area, and this property is
surrounded by development on all sides.
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.
Miti~ation Mpa~lIre~:
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 improvement
plans and shall be reviewed and approved by the Gilroy Engineering Division, prior to
approval of the fmal map.
2.' The design and construction of all storm drainage improvements serving all phases of the
.project site shall be prepared in accordance with the Santa Clara County Water District
standards and provided by the project developer, subject to review and approval by the City
Engineering Division, the Santa Clara Valley Water District, and the U.S. Natural Resources'
Conservation Service. These design plans shall include, but not be limited to: '
a Applicable storm water source and treatment-based best management practices, applied
and maintained, as recommended in the California Storm Water Best Management Practice
Handbook;
b. Provisions for periodic sweeping for roadways, driveways, and parking areas on the project
site;
c. A design to reflect the City's Storm Water Master Plan;
d. Paved areas shall be designed to minimize drainage that is channeled to one location.
'Pathway paving shall be kept to a minimum, and shall be porous in nature, wherever
feasible;
e. Drainage facilities shall be designed and installed to collect and transport the natural flows
away from the streets and buildings and into approved drainage structures; and
Preliminary Negative D'aration
Los Arroyos PUD
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5/27/98
3
f. . Site grading shall not cause drainage into the creek.
3. Apply for and obtain a General Permit for Storm Water Discharges Associated with
construction Activity. for the entire project site, by submitting a completed Notice of Intent
form and appropriate payment to the State Water Resources Control Board prior to the
issuance of a building permit. Further, the developer shall be required to comply with the
terms of this permit during and after construction of the project. These terms include, but are
not limited to, the use of water quality controls (i.e., Best Management Practices) both during
and after construction, for example:
a Design project to focus on miI1imi7ing directly connected impervious surfaces to provide
for slowing of storm water flows and increasing recharge potential.
b. Stabilizing denuded areas prior to the wet season (October 1 through May 1);
c. Limiting construction access routes and stabilizing access points;
d. Protecting adjacent properties with sediment barriers, dikes, or mulching;
e. Using proper construction material and construction waste storage, handling and disposal
practices;
f. Protecting outdoor storage materials from drainage with berms and roof covers;
g. Using appropriate landscape controls (irrigation and application of fertilizers, herbicides,
and pesticides); and,
h. Installing structural storm water treatment controls such as wet ponds, swales, vegetated
filter strips, extended detention basins, and sand filters.
4. The following control measures shall be incorporated into any permits issued for all phases of
the 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 runoff to public roadways.
J. Replant vegetation in disturbed areas as quickly as possible.
Preliminary N~gatiVe DtaratiOn
Los Arroyos PUD
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5/27/98
4
k. Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and
equipment leaving the site.
1. Install wind breaks, or plant treeslvegetative wind breaks at windward side(s) of
construction areas.
m. Suspend excavation and grading activity when winds (instaIitaneous gusts) exceed 25 miles
per hour.
n. Limit the area subject to excavation, grading, and other construction activity at anyone
time.
5. Prepare a grading plan for all phases, that shall include, but not be limited to, specifications
requiring that no materials or machinery will be allowed within the boundaries of the Santa
Clara Valley Water District facilities. This would include any grading, and/or fill material or
grading, and/or construction vehicles, etc. The plan shall be subject to review and approval
by the City Engineering Division and the Santa Clara Valley Water District, prior to approval
of the fina1 map. Monitoring shall take place during grading and construction activities and
shall be performed by either the City Engineering Division or the Santa Clara Valley Water
District.
Work which takes place within waters of the United States must be authorized by the U.S.
Army Corps of Engineers pursuant to Section 404 of the Clean Water Act (CW A) (33 U.S.C.
1344). Waters of the United states generally include tidal waters, lakes, ponds, rivers; streams,'
and wetlands. If implementation of Mitigation Measure 5 is not feasible, Mitigation Measure
6 will reduce potential impacts to a less than significant level.
6. The project developer shall contact the U.S. Army Corps of Engineers (CORPS) and Regional .
Water Quality Control Board (RWQCB) at the earliest possible stage of planning all phases
to determine if the nature of the proposed work would require a permit under the provisions
.0fClean Water Act Section 404.. Ifconsultation with the Corps and RWQCB determines that
a permit is necessary, permit requirements may include, but not be limited to,. the following
actions to be completed prior to issuance of a building permit.
. Delineate the amount of wetlands to be filled during construction activities;
. Obtain a water quality certification or waiver from the Regional Water Quality Control
Board; and
. Apply for Corps permit or notify the Corps prior to fill activities. '"
7. Prior to issuance of a building permit for each phase, the project developer shall complete the
following tasks:
. Submit a landscape plan, for review and approval by the Planning Division, indicating the
location, size, and species of existing trees (oaks, elIns, and any other native trees) found
within the Tentative Map boundaries. Indicate which trees are planned for removal.
I. . ' N . Del t'.
Pre 1II11I1lIIY egatJve ec ara ton
Los Arroyos PUD'
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. The City shall determine which trees, if any, are "significant." If the City determines that
significant trees will be retained, the.\andscape plan shall indicate which trees are to be
retained. During construction of the proposed project, the following measures y.'ill occur:
I) Significant trees shall be fenced prior to grading activities to prevent root damage. The
fencing shall, at minimum, conform to the dripline of the tree. A radiUs of one to 1.5 feet
per inch diameter is desirable; and, 2) Construction vehicles shall be routed around the
drip line of the tree. .
If this is not feasible, then the project developer shall hire a certified arborist to prepare a
mitigation plan for review and approval by the Planning Division.
8. 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 1 am. and 7 p.m., to Saturdays
and City holidays between 9 am. and 7 p.m. No construction is allowed on Sundays. "
9.. For Phase I, the project developer shall construct a 12-foot high, acoustically-effective barrier
. along the property line contiguous with Santa Teresa Boulevard. Openings up to 40 feet wide
may occur in the barrier where the project site cul-de-sacs abut Santa Teresa Boulevaro.
To control flanking noise, the l2-foot high barrier must continue along the north and south
property lines contiguous with the North Morey Channel and the South Morey Channel. These
flanking barriers must be designed as follows: 12 feet high for 15 feet, at 11 feet high for 10
feet, at 10 feet high for 9 feet, at 9 feet high for 12 feet, at 8 feet high for 16 feet, at 7 feet high
for 17 feet and 6 feet high for 150 feet This flanking barrier extends a total of 229 feet along
the north and south property lines of the project site.
Alternative soundwall designs may be acceptable, but are subject to the review and approval
of the Community Development Department.
10. For Phase I, a noise barrier designed with fence openings at the cul-de-sac locations, the
project developer shall install acoustically-effective six feet high side yard fences to connect
the sides of the first row of homes along Santa Teresa Boulevard with the main noise barrier.
These side yard barriers are designed to prevent noise that transmits through cul-de-sac
openings from entering the sides of yards. Gates may be included in the barriers. The barrier
heights are in reference to the nearest building pad elevation.
To achieve an acoustically-effective barrier, it must be made air-tight, i.e., without cracks,
gaps, or other openings and must provide for long-term durability. The barriers can be
constructed of wood, concrete, stucco, masonry, earth berm, or a combination thereof, and
must have a minimum surface weight of 4,0 pounds per square foot (lbs. per sq. ft.) for barriers
10 feet tall and taller, and 2.5 lbs. per sq. ft. for barriers under 10 feet tall. If wood fencing is
used, homogenous sheet materials are preferable to conventional wood fencing as the latter has
Preliminary Negative Delation
Los Arroyos PUD
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a tendency to warp and form openings with age. However, high quality, air-tight, tongue-and-
groove, shiplap, or board and batten constroction can be used, provided the minimum surface
weight requirement is met and the constroction is air tighL
The noise control barriers must be constructed so that all joints, including connections with
posts, pilasters Or the building shells are sealed air-tight and no openings are permitted between
the upper barrier components and the ground. Gates may be incorporated into the side yard
barriers, however, they must meet the surface weight requirements described above, and must
fit tight when in the closed position. The gap under a gate shall be no more than an inch.
Alternative soundwall designs may be acceptable, but are subject to the review and approval
of the Community Development Department.
11. Maintain closed at all times all windows on the second floor and unshielded first floor living
spaces within 2Q5 feet of the centerline of Santa Teresa Boulevard and with a direct or side
view of the roadway. At spaces within 90 feet of the centerline of the road, install windows
rated minimum Sound Transmission Class (STC) 35. At spaces between 90 feet and 167 feet
of the centerline of the road, install windows rated minimum STC 30, At spaces between 167
feet and 265 feet of the centerline of the road, install windows rated minimum STC 26.
Provide some type of mechanical ventilation.
12. The windows specified to be maintained closed are to be operable, as the requirement does not
imply a "fixed" condition. All other windows of the development, including bathroom
windows, may have any type of glass with the exception of bathroom windows that are an
integral part of a living space and not separated by a closable door, such as those common in
master bedroom suites.
13. When windows are maintained closed for noise control, some type of mechanical ventilation
to assure a habitable enviromnent should be provided. The mechanical ventilation
requirements are specified by the Uniform Building Code (DEC).
14. In addition to the required STC ratings, the windows and doors shall be installed in an
acoustically"effective manner. To achieve an acoustically-effective window construction, the
sliding window panels must form an air-tight seal to the outside enviromnent when in the
closed position and the window and door frames must be caulked to the wall openings around
their entire perimeter with a non-hardening caulking compound to prevent sound infiltration.
15. 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 permits for the future development, pursuant to the
review and approval of the Gilroy Planning Division:
P !imin. . N . Del .
re ary egative ec aratlOn
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"If archaeological resources or human remains are discovered during construction, work shall be
halted at a minimum of200 feet from the find until it can be evaluated by a qualified professional
archaeologist. If the find is determined ~o be significant, appropriate mitigation measures shall be
formulated and implemented." .
Date Prepared: May 27, 1998
End of Review Period: June 22,1998
Date Approved By City Council:
William Faus
Planning Services Manager
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Los Arroyos Planned Unit Development
Mitigation Monitoring Program
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Introduction
On January 1,1989, the California State Legislature passed into law Assembly Bill
3180. This bill requires public agencies to adopt reporting or monitoring programs
when they approve projects subject to an environmental impact report or a negative
declaration that includes mitigation measures to avoid significant adverse
environmental effects. The reporting or monitoring program is to be designed to
ensure compliance with conditions of project approval during project
implementation in order to avoid significant adverse environmental effects.
The law was passed in response to historic non-implementation of mitigation
measures presented in environmental documents and sub~equently adopted as
conditions of project approval. In addition, monitoring ensures that mitigation
measures are implemented and thereby provides a mechanism to evaluate the
effectiveness of the mitigation measures.
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A definitive set of project conditions would include enough detailed information
and enforcement procedures to ensure the measure's compliance. This monitoring
program is designed to provide a mechanism to ensure that mitigation measures
and subsequent conditions of project approval are implemented.
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Monitoring Program
The basis for this monitoring program is the mitigation measures included in the
initial study. These mitigation measures are designed to eliminate or reduce signifi-
cant adverse environmental effects to levels of insignificance. These mitigation mea-
sures become conditions of project approval which the project proponent is required
to complete during and after implementation of the proposed project.
The attached checklist is proposed for monitoring the implementation of the
mitigation measures. This monitoring checklist contains all appropriate mitigation
measures in the initial study.
Monitoring Program Procedures
It is required that the City of Gilroy use the attached monitoring checklist for the
proposed project. The monitoring program should be implemented as follows:
1. The City of Gilroy Planning Division should be responsible for coordination
of the monitoring program, iricluding the monitoring checklist. The Planning
Division should be responsible for completing the monitoring checklist and
EXHIBIT B
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Miti anon Monitorin 0 am
Los Arro os Plann.nit Det1elo ment Initial stud
distributing the checklist to the responsible individuals or agencies for their
use in monitoring the mitigation measUres.
2. Each responsible individual or agency will then be responsible for deter-
mining whether the mitigation measures contained in the monitoring
checklist have been complied with. Once all mitigation measures have been
complied with, the responsible individual or agency should submit a copy of
the monitoring checklist to the City of Gilroy Planning Division to be placed
in the project file, If the mitigation measure has not been complied with, the
monitoring checklist should not be returned to the Planning Division.
3. Prior to issuance of an occupancy permit, the Planning Division should
review the checklist to ensure that all mitigation measures and additional
conditions of project approval included in the monitoring checklist have been
complied with. An occupancy permit should not be issued until all
mitigation measures and additional conditions of project approval included
in the monitoring checklist have been complied with.
4. If a responsible individual or agency determines that a non-compliance has
occurred, a written notice should be delivered by certified mail to the project
proponent within 10 days, with a copy to the Planning Division, describing
the non-compliance and requiring compliance within a specified period of
time. If a non-compliance still exists at the expiration of the specified period
of time, construction may be halted and fines may be imposed at the
discretion of the City of Gilroy.
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Los Af'7' os PLAnned Un
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Los Arroyos Planned Unit Development
Mitigation Monitoring Checklist
Prior to issuance of a Building Permit, the following mitigation measures shall be
implemented:
Mitigation Nature of Mitigation Pa~ Party
Measure
Number Ressonsi le for Responsible
&: Proje<t Imp ementation for
Phase Monitoring
1 A soils investigation shall be prepared for the p~ect by a Developer Gilroy
qualified soils enfiteer. The recommendations 0 the soils Building
Prior to investigation sha be inco:aorated into the final building Division
each phase ~lans and shall be reviewe and approved by the Gilroy
mtineerinsr Division prior to issuance of a buildin" oermit
2 The design and construction of all storm drainage Developer Gilroy
improvements serving all phases of thec;roject site shall be En~eering
. Prior to b'epared in accordance WIth the Santa ara Coun~ Water ivision
each phase istri<t standards and provided by thdro~ deve oper,
subject to review and approval bW the il}' gineering
Division, the Santa Clara Valley ater District, and the U,S.
Natural Resource Conservation Service. These design plans
shall include, but not be limited to:
a. Applicable stone water sour<e and treatment-based best
managemen.:J'ractices, illolied and maintained, as
recommend in the Ca omia Stone Water Best
b. Management Practice Handbook;
Provisions for seriodic sweeping for roadways,
driveways, an parkine areas on thtlroject site;
c. A design to reflect the ity's Stone ater Master Plan;
d. Paved areas shall be designed to minimize drainate that
is channeled to one location. Pathway paving sha be
kept to a minimum and shall be porous in nature,
wnenever feasible;
e, Drainage facilities shall be desifted and installed to
collect and transluort the natura flows away from the
streets and buil ings and into approved drainage
structures; and,
f. Site endinsr shall not cause draina"e into the creek.
EMC PLAnning Group Inc.
MMP-3
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Los Arro os PlanneAt Dlroelo
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3 Apply for and obtain a General Permit for Stann Water Developer Gilroy
DISCMTges Associated with Construction Activity ,for the entire En~eering
Prior to pr~ect site, by submitting a com~leted Notice of Intent form ivision
Phase I for an apropriate payment to the tate Water Resources
all phases Contro Board pnor to the issuance of a building permit.
Further, the developer shall be r:ftuired to comply with the
terms of this permit durinJ. and a er construction of the
project. These terrns incI e, but are not limited to, the use of
water quality controls (i.e., Best Management Practices) both
during and after construction, for example:
a. Design project to focus on minimizing directll connected
impervious surfaces to provide for slowing 0 storm
water flows and increasing recharge potential
b. Stabiliziny denuded areas prior to the wet season
(October through May 1);
c. Limiting construction access routes and stabilizing access
~ints;
d. otecling adjacent properties with sediment barriers,
dikes, or mulChing;
e. Using proper construction material and construction
f. waste storage, handling, and disposal practices;
Protectin% outdoor storage materials fiom drainage with
berms an roof covers;
g. Using appropriate landscape controls (irrigation and
application of fertilizers, herbicides, and pesticides); and,
h. Installing structural storm water treatment controls such
as wet ponds, swales, vegetated filter strips, extended
detention basins, and sand filters,
4 The followinJ, control measwes shall be incorporated into any Developer Gilroy
permits for phases of the project: En~eering
Prior to ivision
each phase 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, agll1I water three times daily, or apply (non-toxic)
soil sta 1 . ers on all unpaved access roaCis. parking areas
and sta~~ areas at construction sites.
d. Sweep ai y (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
f. material is ca.rried onto adjacent pubhc streets.
Hydroseed or appl& (non-toxic) soil stabilizers to inactive
construction areas previously graded areas inactive for
ten days or more).
g. Enclose, cover, water twice daiX or apply (non-toxic) soil
binders to exposed stockpiles ( irt, sand, etc.)
h. Limit traffic speeds on unpaved roads to 15 mph.
i. Install sandbags or other erosion control measures to
revent silt runoff to public roadways.
j. . eplant vegetation in disturbed areas as quickly as
~sible.
k. tall wheel washers for all existing trucks, or wash off
the tires or tracks of all trucks and equipment leaving the
SIte.
I. Install wind b,eaks, or l./ant trees/vegetative wind
breaks at windward si e(s) of construction areas.
m. Suspend excavation and grading activity when winds
(instantaneous gusts) exceed 2S miles per hour.
n. Limit the area subiect to excavation, grading and other
construction actiVIty at anv one time.
MMP-4
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EMC Planning Group Inc.
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Los Arro os Planned Unit .elo ment Initial Stud
Ml
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5 Pr~ a pding plan, for all phases, that shall include, but Developer Gilroy
not e linuted to, specifications requiring that no materials or En~eering
Prior to machineIT, will be allowed within !he boUndaries of the Santa ivision
Clara Val ey Water District facilities. This would include any
each phase grading and/or fill material or grading and/or construction
vehicles, etc. The plan shall be subject to review and a,yl'roval
by the City Engineering Division and the Santa Clara alley
Water District, prior to approval of the final map. Monitonng
shall take place during ~ding and construction activities
and shall be r.';formeCl y either the City Engineering
Division or t e Santa Clara Valley Water District
6 Contact the U.S. Army Corps of Engineers (Cojl'S) and Developer Gilroy
R:%onal Water Quality Control Board (RWQC ) at the En~eering
Prior to ear iest possible stage of planning all !chases to determine if .vision
each phase the nature of the proposed work WQll d require a ,&,ermit
under the provisiOns of Clean Water Act Section 04. If
consultation with the Corps and RWQCB determines that a
c:rmit is necessak, fcemut requirements may include, but not
limited to, the 01 owing actions to be completed prior to
issuance of a building permit.
. Delineate the amount of wetlands to be filled during
construction activities;
. Obtain a water Qali~ certification or waiver from the
Regional Water uality Control Board; and
. Apply' for Corps pemut or notify the Corps prior to fill
actiV1ties.
7 The project developer shall complete the following tasks: Developer Gilroy
Planning
Prior to . Submit a Landscape Plan, for review and approval by the Division
each phase Planning Division, indicating the location, size and
species of existirig trees (oakS, elms, and any other native
trees) found on within the tentative map boundaries.
Indicate which trees are planned for removal.
. The City shall determine which trees, If any, are
"s~cant." If the City determines that si~ficant trees
w' be retained, the Landscape Plan shall mdicate which
trees are to be retained. Dunng construction of the
~roposed project, the follOWin~ measures will occur:
ignificant trees shall be fence prior to ~ding activities
to prevent root damage. The fencinl sha , at minimum,
conform to the dripline of the tree, radius of one to 1.5
feet per inch diameter is desirable.; and, 2) Construction
vehicles shall be routed around the dripline of the tree.
If this is not feasible, then the project develorrr shall hire
a certified arborist to i1repare a mitigation I' n for review
and annroval bv the laMing Division
8 The following language shall be included on any Ibermits ... Developer Gilroy
issued for all p,hases of th~ project site, including, ut not Building
Prior to limited to, bwlding permits for the future development. "All Division
each phase nOise;jenerating construction activities shall be llinited to
wee ays between 7 AM and 7 PM, to Saturdays and City
holidays between 9 AM and 7 PM. No construction is
allowed on Sundavs."
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9 Submit design for review and approval of a 12-foot high, Developer Gilroy
acoustically-effective barrier alon] the prob';,rty line Planning
Prior to contiguous with Santa Teresa Be evarn. enings up to 40 Division
Phase I feet wide may occur in the barrier where the project Site cul-
de-sacs abuts Santa Teresa Boulevard.
To control flanking noise, the 12-foot high barrier must
continue alOl~ the north and south pro~rty lines contiguous .
with the Nor Morey Channel and the South Morey Cliannel.
These flanking barriers must be designed as follows: 12 feet
high for 15 feet, atll feet high for 10 feet, at 10 feet high for 9
feet, at 9 feet high for 12 feet, at B feet high for 16 feet, at7 feet
high for 17 feet and 6 feet high for ISO feel. This flanking .
barrier extends a total of 229 feet along the north and south
property lines of the project site,
Alternative sound wall design mav be acceptable subject to
review and approval by the Community Development
Deoartmenl.
10 Submit desisn for review and approval. The main barrier Developer Ci~Planning
may be continuouS or it may contain o~gs at the cuI-de- IVlSlon
Prior to sacs. With either, the "d\ulred wall height remains at 12-foot
Phase I in height. If the wall is esigned with openings, the
following side yard barriers will be required:
. For Phase 1. a noise barrier designed with fence o~gs
at the cul-de-sac locations, the project developer s
install acousticalll.-effective six feet hi~h side yard fences
to connect the si es of the first row of omes along Santa
Teresa Boulevard with the main noise barrier. These side
yard barriers are designed to prevent noise that transmits
through the cul-de-sac o'b:'in~s from entering the sides
of the yards. Gates may in uded in the barriers. The
barrier heij>hts are in reference to the nearest building
pad eleval1On. .
To achieve an acoustically-effective barrier. 'it must be
made air-tight. i.e., without cracks, gaps, or other
openings and must provide for lonfterm durability. The
barriers can be constructed of woo ,concrete, stucco,
masonry, earth berm, or a combination thereof and must
have a minimum surface weight of 4.0 pounds per square
foot (lbs. per scl' ft.) for barrier 10 feet tall and taller, and
2.5lbs. per sq. t, for barrier under 10 feet tall. Ifwood
fencing is used, homogeneous sheet materials are
preferable to conventional wood fencing as the latter has
a tendency to warp and form openings with age.
However, high ~uality. air-tight, tongue-and.~oove.
Shipl':f.' or bOar and batten construction can e used,
provi ed the minimum surface weight requirement is
met and the construction is air-tight.
The noise control barriers must be constructed so that all
~ints, including connections with posts, pilasters or the
uiIding shells are sealed air-tight and no openings are
permitted between the upper barrier com/hnents and the
fa':und. Gates may be incorporated into t e side yard
arriers, however, thd' must meet the surface wei~
requirement describe above and must fit tight w en in
the closed position. The gap under a gate shall be no
more than one inch.
Alternative sound wall des:r.: may be acc"l'table subject
to review and approval by e Community Development
Department. .
MMP-6
EMC Planning Group Inc.
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EMC ,Planning Group Inc.
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Los A1'TO os Planned Uni
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11 Submit window desiFti for re,'iew and apl'roval as follows: Developer Gilroy
Maintain closed at al times all windows of second floor and Building
Prio" to unshielded first floor (a view through the pedestrian accesses) Division
Pha.!:e I living spaces within 265 feet of the centerline of Santa Teresa
Boulevard and with a direct or side view of the roadwar- At
spaces within 90 feet of the centerline of the road. instal
windows rated minimum Sound Transmission Class (STC) 35.
At ~aces between 90 feet and 167 feet of the centerline of the
roa ,install windows rated minimum STC 30. At spaces
between 167 feet and 265 feet of the centerline of the road,
install windows rated minimum STC 26. Provide some type
of mechanical ventilation.
1~: Submit window design for review and 3J1roval as follows: Developer GiIr
The windows specified to be maintain c osed are 10 be Build~g
Prior to operable. as the requirement does not iml'ly a "fixed" Division
Pha.!:el condition. All other windows of the devel~ment, including
bathroom windows may have an)' type of ass with the
exception of bathroom windows that are an integral part of a
living space and not separated by a closable door, suCh as .
those common in master bedroom suites.
1" Subrrdt window design for review and approval as follows: Developer Gilroy
When windows are maintained closed for noise control, some Building
Prio" 10 type of mechanical ventilation 10 assure a habitable Division
Phase I environment should be provided. The mechanical ventilation
rUh~fments are specified by the Uniform Building Code
( C.
14. Submit window design for review and al'proval as follows: Developer Gilroy
The windows and doors shall be installeCI in an acoustically- Building
Prio= 10 effective manner. To achieve an acoustically-effeclive Division
Pha,:el window construction, the sliding window panels must form
an air-tight seal 10 the outside environment when in the
closed EOSition and the window and door frames must be
caulke to the wall openine:round their entire perimeter
with a non-hardening caul . g compound 10 prevent sound
infiltration,
1:: Due 10 the pOSSibili% that significant buried cultural Developer Gilroy
resources mi~ht be und dun.:if construction. the following Planning
Prior", all langua~e sha I be included in ~ermits issued for thel.,rojecl Division
phases site, in uding. but not limited to uilding permits for
future development, pursuant to the review and approval of
the City Planning Division:
1 "If archaeological resources or human remains are
discovered durin~ construction, work shall be halted within
200 feet of the fin until it can be evaluated by a qualified
professional archaeologist. If the find is determined 10 be
significant, apl'ropriate mitiftion measures shall be
for:nuiated ana unolemente ."
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 99-48 is an original resolution, duly adopted by the Council of the City of Gilroy
at a regular meeting of said Council held on the 7th day of June, 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 23rd day ofJune, 1999.
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City Clerk of the City of Gilroy
(Seal)