Resolution 1999-73
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RESOLUTION NO. 99-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING NS 99-22 (POO), AN APPLICATION
FOR ARCHITECTURAL AND SITE APPROVAL OF A
PLANNED UNIT DEVELOPMENT (PUD) lNVOL VING
APPROXIMATELY 2.9 ACRES, APN 84l-07-0S7
WHEREAS, Eduardo A. Bull ("Applicant") submitted NS 99-22, an application for
architectural and site approval of a planned unit development ("PUD") for an 2.9 acre parcel
located on the northwest corner of Rogers Lane and Hoover Court; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), a Negative
Declaration, along with a MitigationIMonitoring Program, was adopted by the City Council on
July 19,1999, for this project; and
WHEREAS, the Planning Commission reviewed application NS 99-22 at its duly
noticed public meeting on July 29, 1999, and recommended that the City Council approve
NS 99-22; and
WHEREAS, the City Council held a duly noticed public meeting on August 2, 1999, at
which time the City Council considered the public testimony, the Staff Report dated June 17,
1999, and all other documentation related to application AlS 99-22; and
WHEREAS, at its duly noticed public meeting on August 2, 1999, the City Council also
RESOLUTION NO. 99-73
approved TM 98-10, subject to the twenty (20) conditions set forth in the Staff Report dated June
17,1999, and two additional conditions which: (1) require that the lot immediately west of the
drainage channel (previously identified as Lot One) be combined with Lot Two and that a
footbridge be built over the drainage channel connecting the east and west sides of Lot Two, and
(2) prohibit the subdivision of Lot Two in the future; and
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WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this project approval is based is the office of the
City Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council hereby adopts the following findings as required by Zoning
Ordinance section SO.5S 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 single family residential housing to south Santa Clara
County and northern San Benito County, thereby fulfilling a specific need of the
surrounding area.
3. Public utilities and infrastructure improvements needed in order to serve
the proposed project are in close proximity.
4. The project provides a harmonious, integrated plan which meets the
requirements ofthe Zoning Ordinance.
5. The project continues the pattern of development in this area. The
majority of property surrounding this project is used for single family residential
purposes.
6. The project includes landscaping provisions which will meet or exceed
those required, including landscaping all front yard lots, and planting street trees.
7. The project is harmonious with other developments along Rogers Lane
and Hoover Court.
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RESOLUTION NO. 99-73
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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.
B. The City Council hereby finds:
1. The project will not be detrimental to public welfare or mJunous 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. NS 99-22 should be and hereby is approved subject to:
1. The sixteen (16) conditions set forth in the Staff Report dated June 17,
1999, attached hereto as Exhibit A and incorporated herein by this reference, and
two additional conditions which shall read in their entirety as follows:
Condition 17. The lot immediately west of the drainage channel (previously identified as
Lot One) shall be combined with Lot Two. A footbridge shall be constructed over the
drainage channel connecting the east and west sides of Lot Two.
RESOLUTION NO, 99-73
Condition 18. Lot Two may not be subdivided in the future.
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.
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PASSED AND ADOPTED this 7th day of September, 1999 by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON
COUNCILMEMBERS: NONE
COUNCILMEMBERS: SUDOL, GILROY
APPROVED:
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Rhonda Pellin, City Clerk
RESOLUTION NO. 99-73
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Community Development Department
Planning Division
Staff Report
File Number: NS 99-22 (planned Unit Development)
Applicant: Eduardo A. Bull
Location: Northwest comer of Rogers Lane and Hoover Court
Staff Planner: Melissa Durkin
'~i~RQlJESTRD ACTlON:
\~(~t:"':,
,Planned Unit Development review of a 12 lot single family subdivision.
DF,SCRIPTlON OF PROPRRTY:
Parcel Numper:
Parcel Size:
Flood Zone:
841-07-0S7
2.9 acres
"X", Panel # 060 340 0002D, Panel Date: 8/17/98
STATUS OFPROPRRTY:
Existing Land Use
Undeveloped
General Plan Desi,e:nation
Low Density Residential
STATUS OF SURROUNDING PROPRRTY:
Existing Land Use
N: Single Family Homes
S: Duette Homes
E: Orchard
W: Single Family Homes
General Plan Desi,e:n3tion
Low Density Residential
Low Density Residential
Low Density Residential
Low Density Residential
EXHIBIT A
Zoning
R2-POO
Zoning
RI
R2-pUD
R2
RI
June 17, 1999
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NS 99-22 (POO)
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6/17/99
CONFORMANCR OF REQUEST WITH GRNRRAL 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:
Urhan Development ~nd 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 residential property on three sides. Municipal services are
currently available at this site.
ENVIRONMENTAl, IMPACTS:
NEGATIVE DECLARATION
An expanded Initial Study has been prepared for this project. 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 with 9 mitigation measures (see attached) has been prepared for this project,
and must be adopted prior to project approval.
RRI,ATRD APPI,ICATIONS:
TM 98-10: .... This application accompanies this request
A Tentative Map request to create 12 residential lots and one remainder lot. This application will be
presented to the Planning Commission and City Council in,Summer 1999.
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NS 99-22 (PUD)
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6/17/99
RDO BACKGROUND:
This project consists of the development of 12 homes, which will be constructed in two phases over
a three year period. Zoning Ordinance section SO.62 (b) (1) allows projects that produce 12 residential
units or fewer within a three year period to be exempt from the requirements of the Residential
Development Ordinance.
ANALYSIS OF RRQITRST:
The applicant is requesting Planned Unit Development (PUD) design review for the proposed
construction of 12 single family detached homes on land that totals approximately 2.9 acres. The lots
on which these homes would be constructed will result from Tentative Map application TM 98-10,
if it is approved.
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This site has a zoning designation ofR2-PUD (Single Family Residential-Planned Unit Development).
Although,the PUD overlay allows flexibility with the Zoning Ordinance requirements, the applicant
has designed homes to fit on the proposed lots that meet all constraints of the Zoning Ordinance. The
applicant will be landscaping the front yards of all lots in this subdivision to meet the standard PUD
requirement that additional landscaping be provided.
Home Desien
Th~applicant is proposing to construct three different models of homes on this site.. 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,OSI square feet in area Architectural
elernents of this home include multi-level hip roofs, decorative windows, columns enhancing the entry
ways, and a stucco exterior.
Plan 2
This model is proposed to be approximately 1,467 square feet in area with two story construction.
Architectural elements of this home include multi-level hip and gable roofs, a stucco exterior, and a
front porch.
Plan 3
This model is proposed to be approximately 1,645 square feet in area with two story construction.
Architectural elements of this home include a multi-level hip, gable, and shed roofs, an enhanced _
front entry, a stucco exterior, and decorative windows.
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A/S 99-22 (PUD)
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6/17/99
Access to this development will be provided by Roger's Lane and Hoover Court (both public streets).
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 fmd 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 econornical and efficient pattern ofland uses;
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 RRC01\fMENDA nON:
Staff recommends that the Planning Commission forward a recommendation to the City Council to
A PPROVR this request for the following reasons: '
A. The proposed pUD is consistent with the intent of the goals and policies of the City's General
Plan document;
B. The proposed development is consistent with the Zoning Ordinance.
C. Public utilities and infrastructure improvements needed in order to serve the proposed project
are in close proximity;
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NS 99-22 (POO)
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6/17/99
D. There will be no significant environmental impacts as a result of this project due to the
required mitigation measures to be applied; and
E. The proposed development is consistent with PUD findings A through I, as stated in Zoning
Ordinance Section SO.SS.
If this project is approved, staff recommends that the following conditions be attached to the approval
of the project:
I. Mitigation Measures I through 9 contained within the Negative Declaration for this project shall
be applied to the approval of the project in order to reduce and/or eliminate all potential
significant impacts to a level of insignificance, as required under the California Environmental
Quality Act (CEQA), subject to the review and approval of the Planning Division (see
attachment) .
2. Constrnction of these 12 units shall be subject to the applicant receiving City Council approval
ofTM98-10.
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.
S. 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 S.SO, "Site
Design Requirements", pertaining to proposed individu81 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 fencingmust meet ihe requirements of the Planning Division. In addition, the front
yard setback of Lot I shall be enclosed with a tubular steel fence and low ground cover, to
increase the visibility of this lot from Hoover Court. This shall be subject to the review and
approval of the Planning Division.
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NS 99-22 (PUD)
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6/17/99
10. Location of hydrants must be approved by the Building, Life and Environmental Safety Division
, for this project.
II. 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..
12. 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 buildi'ng
permit. The landscaping shall be continuously maintained in an orderly, live, healthy and
relatively weed-free condition, in accordance with the adopted landscaping policy.
13. 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.
14. The home on Lot I shall have automatic fire sprinklers, subject to the review and approval of the
Deputy Fire Marshall.
liam Faus
Planning Division Manager
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Community Development Department
Planning Division
NEGATIVE
DECLARATION
City of Gilroy
73S1 Rosanna St.
Gilroy, CA 9S020
(408) 848-0440
City File Number: TM 98-10
~ject Description:
Name of Project:
Nature of Project:
Hoover Village Residential Subdivision
Request to subdivide a 2.878 acre site into 18 residentia110ts
Prl1ject Location:
Location:
West of Roger's Lane, at the terminus of Hoover Court
Assessor's Parcel Numbers: 841-07-0S7
Entity or Person(s) Undertakine Prllject:
Name:
Address:
Eduardo A. Bull
6S47 Deer Hollow Drive
San Jose, CA 9S120
Initial Study:
An Initial study of this project was undertaken and prepared for the purpose of ascertaining whether
this project might have a significant effect on the environment. A copy of this study is on file at the
City of Gilroy Planning Department, 73S1 Rosanna Street, Gilroy, CA 9S020.
Findines & 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.
EXHIBIT B
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Negative Declaration
Hoover Village Residential Subdivision
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4/16/99
2. Identified adverse impacts are proposed to be mitigated through preparation of special studies,
and construction of off-site improvements.
3. The proposed project is consistent with the adopted goals and policies of the General Plan of
the City of Gilroy.
4. The Initial Study was independently reviewed by City staff, and this Negative Declaration
reflects the independent judgement of the City of Gilroy.
Mitieation Measures:
I. The following control measures shall be incorporated into any permits for development of the project
site, subject to review and approval by the City of Gilroy Building, Life and Environmental Safety
Division, and the City of Gilroy Engineering Division:
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 stagipg 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.
2. Prior to the commencement of bridge construction activities, the project developer shall contact the
California Department ofFish and Game (CDFG) to determine if the proposed bridge construction
would require a Streambed Alteration Agreement under section 1603 of the Fish and Game Code. If
consultation with the CDFG determines that a Streambed Alteration Agreement is necessary, the
project developer shall obtain a Streambed Alteration Agreement from the CDFG. Compliance with
the mitigation measure may include, but not be limited to, the following:
. Bridge construction work shall be initiated and completed during summer months when channel
is dry, or at least has a very low flow. Typically, no construction work shall be allowed in the
channel between October IS and early June.
. From June I to October IS, when construction is allowed, if any water is flowing in the channel,
the flow shall be diverted into a bypass channel for the duration of the bridge construction work.
Compliance with the mitigation measure is subject to review and approval by, the California
Department ofFish and Game and the City of Gilroy Engineering Division.
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Negative Declaration
Hoover Village Residential Subdivision
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4/16/99
3. The project developer shall contact the U.S. Army Corps of Engineers (Corps) 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 of the Clean Water Act Section 404. If consultation with the Corps 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.
Compliance with this mitigation measure is subject to review and approval by the U.S. Army Corps
of Engineers andthe City of Gilroy Planning Division.
4. Due to the possibility that significant buried cultural resources might be found during construction,
the following language shall be included in all 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 City
Planning Division:
"If archaeological resources or human remains are discovered during construction, work shall be halted
at a minimum of200 feet from the find, and the area shall be staked off. The project developer shall
notify the coroner or the Director of the Archaeological Regional Research Center. If the fmd is
determined to be significant, appropriate mitigation measures shall be formulated and implemented."
S. In the event of an accidental discovery or recognition of any human remains in any location other than
a dedicated cemetery, the following language shall be included in all permits issued for the project site
in accordance with CEQA Guidelines section IS064.S (e), including, but not limited to building
permits for future development of all lots in the subdivision, pursuant to review and approval of the
City Planning Division:
lfhuman remains are found during construction there shall be no further excavation or disturbance of
the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner
of Santa Clara County is contacted to determine that no investigation of the cause of death is required.
If the coroner determines the remains to be Native American the coroner shall contact the Native
American Heritage Commission within 24 hours. The Native American Heritage Commission shall
identify the person or persons it believes to be the most likely descendent from the deceased Native
American. The most likely descendent may then make recommendations to the landowner or the
person responsible for the excavation work, for means of treating or disposing of, with appropriate
dignity, the human remains and associated grave goods as provided in Public Resources Code Section
S097.98. The landowner or his authorized representative shall rebury the Native American human
remains and associated grave goods with appropriate dignity on the property in a location not subject
to further disturbance if: a) the Native American Heritage Commission is unable to identify a most
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Negative Declaration
Hoover Village Residential Subdivision
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4/16/99
likely descendent or the most likely descendent failed to make a recommendation within 24 hours after
being notified by the commission; b) the descendent identified fails to make a recommendation; or c)
the landowner or his authorized representative rejects the recommendation of the descendent, and the
mediation by the Native American Heritage Commission fails to provide measures acceptable to the
landowner.
6. The following language shall be included on, but not limited to, grading permits for the future
development, pursuant to the review and approval of the City of Gilroy Engineering Division:
a) Remove existing vegetation only when absolutely necessary;
b) Protect downslope drainage courses, streams, and storm drains with hay bales or temporary
drainage swales;
c) Use check dams or ditches to divert runoff around excavations;
d) Cover stockpiles and excavated soil with secured tarps or plastic sheeting; and
e) Schedule excavation and grading work for dry weather.
7. A soils investigation shall be prepared for the project by a qualified soils engineer. The
recommendation of the soils investigation shall be incorporated into the fmal map and shall be
reviewed and approved by the Gilroy Engineering Division prior to approval of the final map.
8. The design and construction of all storm drainage improvements serving the proposed project site shall
be provided by the project developer, and will be subject to review and approval by the Gilroy
Engineering Division prior to approval of the final map. The design of storm drainage improvements
shall include adequate pollution control measures to reduce polluting downstream water systems.
9. The following language shall be included on any permits issued for the proposed project, including,
but not limited to, building permits for the future development of the residential subdivision:
"All noise generating construction activities shall be limited to weekdays between 7 AM and 7 PM,
to Saturdays and City holidays between 9 AM and 7 PM. No construction is allowed on Sundays."
Date Prepared: April 16, 1999
End of Review Period: May 21, 1999
William F aus
Planning Services Manager
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6 The following language shall be included, but not Developer Gilroy
limited to grading permits for the future Planning
development, pursuant to the review and Division
approval of the City of Gilroy Planning Division:
. Remove existing vegetation only when
absolutely necessary;
. Protect downslope drainage courses, streams,
and storm drains with hay bales or
temporary drainage swales;
. Use check dams or ditches to divert runoff
around excavations;
. Cover stockpiles and excavated soil with
secured tarps or plastic sheeting; and
. Schedule excavation and grading work for
dry weather,
9 The following language shall be included on any Developer Gilroy
permits issued for the proposed project, Planning
including, but not limited to, building permits for Division
the future development of the industrial
subdivision:
"All noise generating construction activities
shall be limited to weekdays 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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Hoover Village Subdivision Initial Study Mitigation Monitoring Program
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5 In the event of an accidental discovery or Developer Gilroy
recognition of any human remains in any location Planning
other than a dedicated cemetery, the following Division
language shall be included in all permits issued
for the project site in accordance with CEQA
Guidelines section 15064.5 (e), including, but not
limited to building permits for future
development of all lots in the subdivision,
pursuant to review and approval of the City
Planning Division:
If human remains are found during
construction there shall be no further
excavation or disturbance of the site or any
nearby area reasonably suspected to overlie
adjacent human remains until the coroner of
Santa Clara County is contacted to determine
that no investigation of the cause of death is
required. If the coroner determines the remains
to be Native American the coroner shall contact
the Native American Heritage Commission
within 24 hours. The Native American
Heritage Commission shall identify the person
or persons it believes to be the most likely
descendent from the deceased Native
American. The most likely descendent may
then make recommendations to the landowner
or the person responsible for the excavation
work, for means of treating or disposing of,
with appropriate dignity, the human remains
and associated grave goods as provided in
Public Resources Code Section 5097.98. The
landowner or his authorized representative
shall rebury the Native American human
remains and associated grave goods with
appropriate dignity on the property in a
location not subject to further disturbance if: a)
the Native American Heritage Commission is
unable to identify a most likely descendent or
the most likely descendent failed to make a
recommendation within 24 hours after being
notified by the commission; b) the descendent
identified fails to make a recommendation; or c)
the landowner or his authorized representative
rejects the recommendation of the descendent,
and the mediation by the Native American
Heritage Commission fails to provide measures
acceptable to the landowner.
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Hoover Village Subdivision Initial Study Mitigation Monitoring Program
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4 Due to the possibility that significant buried Developer Gilroy
cultural resources might be found during Planning
construction, the following language shall be Division
included in all 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 City Planning Division:
"If archaeological resources or human
remains are discovered during construction,
work shall be halted and an immediate
evaluation shall be made of the find by a
qualified professional archaeologist. If the
find is determined to be an historical or
unique archaeological resource, contingency
funding and a time allotment sufficient to
allow for implementation of avoidance
measures or appropriate mitigation shall be
available. Work could continue on other
parts of the building site while historical or
unique archaeological resource mitigation
takes place. If the find is determined to be
significant, appropriate mitigation measures
shall be formulated and implemented."
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Hoover Village Subdivision Initial Study Mitigation Monitoring Program
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2 Prior to the commencement of bridge Developer Gilroy
construction activities, the project development Planning
shall contact the California Department of Fish Division
and Game (CDFG) to determine if the proposed
bridge construction would require a Streambed
Alteration Agreement under Section 1603 of the
Fish and Game Code. If consultation with the
CDFG determines that a Streambed Alteration
Agreement is necessary, the project developer
shall obtain a Streambed Alteration Agreement
from the CDFG.Compliance with this mitigation
measure may include, but not be limited to, the
following:
. Bridge construction work shall be initiated and
completed during the summer months when
channel is dry, or at least has a very low flow,
Typically, no construction work shall be
allowed in the channel between October 15 and
early June,
. From June to October 15, when construction is
allowed, if any water is flowing in the channel,
the flow shall be diverted into a bypass channel
for the duration of the bridge construction
work.
3 The project developer shall contact the U.S. Army Developer Gilroy
Corps of Engineers (Corps) at the earliest possible Planning
stage of planning all phases to determine if the Division
nature of the proposed work would require a
permit under the provisions of Clean Water Act
Section 404. If consultation with the Corps
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 by the Gilroy
Planning Division.
. 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,
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Hoover Village Subdivision Initial Study Mitigation Monitoring Program
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Mitigation Monitoring Checklist B
Prior to issuance of a Building Permit, the following mitigation measures shall be implemented:
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The following control measures shall be
incorporated into any permits with development
of the project site:
Developer
Gilroy
Planning
Division
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1) Water all active construction areas at least
twice daily.
2) Cover all trucks hauling soil, sand, and other
loose materials or require all trucks to
maintain at least two feet of freeboard.
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3) 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.
4) Sweep daily (with water sweepers) all paved
access roads, parking areas and staging areas
at construction sites.
5) Sweep streets daily (with water sweepers) if
visible soil material is carried onto adjacent
ublic streets.
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Hoover Village Subdivision Initial Study Mitigation Monitoring Program
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Mitigation Monitoring Checklist A
Prior to approval of the Final Map, the following mitigation measures shall be implemented:
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A soils investigation shall be prepared for the
project by a qualified soils engineer. The
recommendation of the soils investigation shall
be incorporated into the final map and shall be
reviewed and approved by the Gilroy
Engineering Division prior to approval of the
final ma .
Developer
Gilroy
Engineering
Division
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The design and construction of all storm drainage
improvements serving the proposed project site
shall be provided by the project developer, and
will be subject to review and approval by the
Gilroy Engineering Division prior to approval of
the final map. The design of storm drainage
improvements shall include adequate pollution
control measures to reduce polluting
downstream water s stems.
Developer
Gilroy
Planning
Division
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Hoover Village Subdivision Initial Study Mitigation Monitoring Program
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3, Prior to issuance of an occupancy permit, the Planning Director 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.
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 Director, 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.
Hoover Village Subdivision Initial Study Mitigation Monitoring Program
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Hoover Village Subdivision Initial Study
(TM 98-10)
Mitigation Monitoring Program
Introduction
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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.
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The law was passed in response to historic non-implementation of mitigation measures presented in
environmental documents and subsequently 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.
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.
Monitoring Program
The basis for this monitoring program is the mitigation measures included in this initial study. These
mitigation measures are designed to eliminate or reduce significant adverse environmental effects to
less-than-significant levels. These mitigation measures 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 this initial study,
Monitoring Program Procedures
It is required that the City of Gilroy uses the attached monitoring checklist for the proposed project.
The monitoring program should be implemented as follows:
1. The Gilroy Planning Director should be responsible for coordination of the monitoring
program, including the monitoring checklist. The Planning Director should be responsible
for completing the monitoring checklist and 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 determining 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 Planning Director 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 Director.
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Bull Subdivision Initial Study Mitigation Monitoring Program
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Appendix
Mitigation Monitoring
Program
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached
Resolution No, 99-73 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 September, 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 22nd day of September, 1999,
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City Clerk of the City of Gilroy
(Seal)