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Resolution 2000-14 ...,-- . . RESOLUTION NO. 2000-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING NS 99-58 (PUD), AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUO) INVOLVING THE CONSTRUCTION OF A 52-UNIT AFFORDABLE SENIOR CITIZEN AND MULTI-FAMILY APARTMENT COMPLEX, APN 790-05-035 (pORTION) WHEREAS, South County Housing ("Applicant") submitted NS 99-58, an application for architectural and site approval of a planned unit development ("PUO") for the construction of a 52-unit affordable apartment development containing 26 senior citizen apartment units, and 26 multi-family apartment units, on an approximately one-acre site; 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 20,1998, which includes this project; and WHEREAS, the Planning Commission reviewed application NS 99-58 at its duly noticed public meeting on February 3, 2000, and recommended that the City Council approve NS 99-58; and WHEREAS, the City Council held a duly noticed public meeting on February 22,2000, at which time the City Council considered the public testimony, the Staff Report dated January 26, 2000, and all other documentation related to application NS 99-58; and WHEREAS, the Applicant must enter into the City's Affordable Housing Agreement prior to approval of this PUO application; 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. \JH\472249.1 03.022904706002 -1- Resolution 2000-14 .. .i- . . 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: I. The project is consistent with the exemption from the Residential Development ordinance granted to the developer by the City Council; 2. The project is consistent with the intent of the goals and policies of the City's General Plan document. 3. Public utilities and infrastructure improvements needed in order to serve the project are in close proximity. 4. There is no substantial evidence that a significant environmental impact will result from this project due to the adopted mitigation measures. 5. The project is consistent with PUD findings A through I, as stated in Zoning Ordinance Section 50.55, as set forth in the Staff Report attached hereto as Exhibit A, and facts in the record support said [mdings. B. AlS 99-58 should be and hereby is approved subject to: 1. The thirteen (13) conditions set forth in the Staff Report dated January 26, 2000, attached hereto as Exhibit A and incorporated herein by this reference, a revision to Condition 12 and two additional conditions which shall read in their entirety as follows: Condition 12. The applicant shall sign a contract with the City agreeing to rent these units at an affordable rate prior to PUD approval, subject to the review and approval ofthe Planning Division and the City Attorney. \JH\472249.1 03-022904706002 -2- Resolution 2000-14 . . Condition 14. All fencing adjacent to the Santa Clara Valley Water District channel shall be covered with permanent black material subject to review and approval of the Planning Division. Condition 15. There shall be regularly scheduled frequent shuttle service provided for the residents, to the satisfaction of the Planning Division, with said service to be evaluated by the Division after one year of operation. 2. The mitigation measures set forth in the Negative Declaration and the MitigationIMonitoring Program, attached hereto as Exhibit B and incorporated herein by this reference. This approval becomes effective if, and only if, and on the same date that, the Affordable Housing Agreement with the City becomes effective. If the Applicant does not enter into the City's Affordable Housing Agreement, then this approval is null and void without any further action by the City. PASSED AND ADOPTED this 6th day of March, by the following vote: AYES: COUNCILMEMBERS: G. ARELLANO,P. ARELLANO, MORALES, VELASCO, NOES: COUNCILMEMBERS: SUDOL, SPRINGER ABSENT: COUNCILMEMBERS: PINHEIRO APPROVED: r (J;~ Cv " ATTEST'OI"' i/) THOMAS W. SPRINGER, MAYO ~~~' Rhonda Pellin, City Clerk \JH\472249.1 03-022904706002 -3- Resolution 2000-14 EXHIBIT A . . Community Development Department Planning Division Staff Report .:.. p.~ r-- File Number: A/S 99-58 (Planned Unit Development) Monticelli Apartments Applicant: South County Housing (c!o Ernie Monaco) . Location: Northeast comer of Monti celli Drive and Padova Street Staff Planner: Melissa Durkin January 26, 2000 REOUESTED ACTION: Planned Unit Development review of a 52 unit affordable senior citizen and multi-family apartment complex. DESCRIPTION OF PROPERTY: Parcel Number: Parcel Size: Flood Zone: 790-05-035 (portion) l.OP acres [Note: The total size of the PUD is 64.32:!: acres] Zone X, Panel # 060340000!D, Panel Date: 8/17/98 STATUS OF PROPERTY: Existing Land Use Undeveloped General Plan Designation Low Density Residential STATUS OF SURROUNDING PROPERTY: Existing Land Use N: Drainage ChannellSFR S: SFR in Development E: Drainage Channell SFR in bevel, W: SFR in Development General Plan Designation Low Density Residential/PF Low Density Residential Low Density ResidentiallPF Low Density Residential Zoning RI/R3-PUD Zoning Rl-PUD, County Ag. RI/R3-PUD RI/R3-PUD RI/R3-PUD .~ AJS 99-58 (PUD) . 2 . 01/26/00 CONFORMANCE OF REOUEST 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 to the policies of Gilroy's General Plan. The following example demonstrates this compliance: Residential Environment (Section IV): -..!>- >~..,. ,- Policy I: "The City will continue to work towards the goal of a balanced community with a variety of housing types and prices, sufficient job opportunities, and an efficient and adequate provision of City services and amenities. " The proposed project is in conformance with this policy, because it will provide low-income senior and multi-family housing. Both of these housing types are under-represented in Gilroy. Policy 2: "The City will encourage the construction of multi -family units, especially units suitable for lower income households and large families. " The proposed project is in conformance with this policy, because it will create multi-family units that are affordable to low-income households. Urban Develooment and Community Desilm (Section IT): 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 site is surrounded by urban development, . ENVIRONMENTAL IMPACTS: 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 environment, however, the applicant agreed to implement 15 mitigation measures that 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. A/S 99-58 (PUD) . 3 . 02/15/00 . RDO BACKGROUND: This project received a RDO exemption for 60 apartment units in October, 1998 [Ref: file M 98-09 / AHE 98-03 ANALYSIS OF REQUEST: ,. ,,-'- The applicant is requesting Planned Unit Development (POO) design review for the proposed construction of a 52-unit affordable apartment development. This development will contain 26 senior citizen apartment units, and 26 multi-family apartment units, on an approximately I ~ acre site. [Note: The total area of the PUD is approximately 64.32:t acres.] Senior Citizen Units Proiect DesilIn The site design for the senior citizen portion of this project consists of 8 one-story apartment buildings, with 2 to 4 units each. Each unit will be 588 square feet. A single story senior activity building, a garden area, and a laundry building are in a central location on this site, so that equal access is provided to all residents. The site plan shows a series of paths that will meander through this complex connecting the units. This design is intended to promote a community atmosphere in the development, in that residents will be connected by the paths and open space, rather than isolated by parking lots or other structural barriers. The senior apartment units are all one-story and one-bedroom. These units have a pioneer-style architectural design with stucco siding and gable and shed roofs. Architectural features of these buildings include front porches and high profile stucco trim around the windows. The site will also feature decorative picket fences. The senior activity building will be a constructed with the same architectural style as the senior housing units. Multi-Fami/v Units Proiect Desirm The site design for the multi-family portion of this project consists of 6 two-story apartment buildings, with 4 to 6 units each. Each unit will be 1,006 square feet. A one-story common center with a laundry room, computer center, and activity room is at the northern end of the multi-family site. The site plan also shows the following elements: W' A series of paths connecting the units r;r A community garden at the northern end of the site IF A basketball court and a tot lot near the common center The multi-family apartment units are all two-story and three-bedroom. These units will have a Mediterranean-style architectural design with stucco siding and gable roofs. Architectural features of these buildings include first floor patios and second story balconies, plaster/foam trim, and inset tile. The common center will be a constructed with the same architectural style as the multi-family units. ... A/S 99-58 (POO) . 4 . 01/26/00 Caroort Desim All of the senior citizen parking stalls and 26 of the multi-family stalls will be covered as carports. Originally the applicant had proposed to construct carports with a flat roof design. However, after working with Staff, the applicant has changed this design to show metal gable roofs, with wood lattice and stucco siding. [See Exhibit AJ Staff believes this new design will complement the site. ,,--- --->~,.-- Water Channel Issues The proposed project is bordered on the north and east sides by a Santa Clara Valley Water District drainage channel. General Plan Section VI-3, policy number 15 states, "The City should attempt to acquire the rights to use public and quasi-public utility and drainage channel corridors as linear parks to provide the network for a system of pedestrian and bicycle paths." Based on this policy, City staff is attempting to limit the number of houses built with their rear yards adjacent to the channel, by reserving these areas for open space, parking areas, streets or other buffers. The reason for this is that residential rear yards abutting trails and pathways can create undesirable situations for two primary reasons: I) The public presence on the trails and pathways may interfere with the privacy of adjacent residents and 2) When trails and pathways abut residences, they cannot be seen from the public right- of-way, and therefore are difficult to monitor by public safety personnel. South County Housing has addressed the City's drainage channel policy by placing the parking area adjacent to the channel. Staff feels that the proposed design meets the intent of this policy. Parkin!! Exceotions The applicant is asking to use the Planned Unit Development approval process to provide an exception to the required parking for the senior portion of this project. The Zoning Ordinance requires 46 parking stalls for the senior apartments. The applicant is proposing to provide 26 stalls, all of which will be covered. In addition the applicant has provided one stall beyond what is required for the multi-family portion of this project, which could be credited to the senior portion. . The reason the applicant is requesting this exception is because many of the seniors living in these apartments do not drive, and therefore do not own vehicles. The applicant feels that this exception would not result in a detrimental effect on the neighborhood, and Staff concurs that the proposed number of . parking stalls will be adequate for this portion of the development, based on a parking survey that was prepared for the Victoria Woods project. The results of this survey were as follows: ,. . AJS 99-58 (PUD) . 5 01/26/00 Sunset Gardens Wheeler Manor Plum Tree West Monticelli Apart. No. Of Units: 75 110 72 26 No. Of Parking 51 56 62 26 Spaces: Number of Spaces/unit: O.68'~" 0.51 0.86 1.0 je_. Number of Vacant Stalls: 17 24 32 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 for families and senior citizens. Monticelli Drive and Padova Street, both local streets, will provide access to this development. 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 economical and efficient pattern of land 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 that blend with the character of surrounding areas; H. Not create traffic congestion, noise, odor or other adverse effects on surrounding areas; and I. Provide adequate access, parking, landscaping, trash areas and storage, as necessary. '. .. AlS 99-58 (PUD) . 6 . 01/26/00 STAFF RECOMMENDATION: Staff recommends that the Plannin2 Commission forward a recommendation to the Citv Council to APPROVE this request for the foUowin2 reasons: A. The p.roject proposal is consistent with the exemption from the Residential Development Ordimmce granted to the developer by the City Council; . B. The proposed PUD is consistent with the inte.nt 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 environmental 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 fmdings A through I, as stated in Zoning Ordinance Section 50.55. If this project is approved, staff recommends that the following conditions be attached to the approval of the project: I. Landscaping: Landscaping plans including specifications for an irrigation system shall be approved by the Planning Division in accordance with the adopted Consolidated Landscaping Policy, prior to issuance of a building permit. The landscaping shall be continuously maintained in an orderly, live, healthy, and relatively weed-free condition, in accordance with the adopted Consolidated Landscaping Policy and the approved specific landscape plan. 2. 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. 3. Mechanical Appurtenances: Mechanical equipment to be located on the roof of a building shall be screened by an architectural fea.turC 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. 4. Building colors shall be earth tones, subject to review and approval by the Planning Division. 5. All utilities constructed to, through and on the site shall be constructed underground, subject to review and approval by the Engineering Division. A/S 99-58 (PUD) . 7 . 01126/00 6. All sets of building plans shall contain the following wording: "If archeological resources or human remains are discovered during construction, work shall be halted within 50 meters (150 feet) of the find until it can be evaluated by a qualified professional archaeologist. If the fmd is determined to be significant, appropriate mitigation measures shall be formulated and implemented." ~~-~ This shail be subject to the review and approval of the Planning Division. 7. Street addresses shall be assigned by the Engineering Division. 8. AU proposed fencing must meet the requirements of the Planning Division. 9. Fire hydrant location is subject to the review and approval of the Fire Prevention Division. The applicant shall provide fire hydrants throughout the project so as not to exceed 150 feet from any exterior portion of a building to a fire hydrant. The minimum required fire flow is 1,500 GPMl2 hours. This shall be subject to the review and approval of the Fire Prevention Division. 10. Fire sprinklers win be required for all buildings 5,000 square feet or larger, subject to the review and approval of the Fire Prevention Division. II. The applicant shall delineate fire access lanes and turn-arounds with red curbs marked "No Parking - Fire Lane," subject to the review and approval of the Fire Prevention Division. 12. The applicant shall sign a contract with the City agreeing to rent these units at an affordable rate prior to issuance of a building permit, subject to the review and approval of the Planning Division and the City Attorney. 13. The applicant shall provide a security lighting plan for this project prior to the issuance of a building permit. This plan shall be subject to the review and approval of the Police Depanment, and the Planning Division. Respectfully,. .. ~. .~~ William Faus Planning Division Manager AJS 99-58 (PUD) . . 8 02/15/00 Planninl! Commission Action At their February 3, 2000 meeting, the Planning Commission recommended approv'al of this application by a vote of7-0 with the 13 conditions in the staff report and the following additional condition: 14. All fencing adjacent to the Santa Clara Valley Water District channel shall be covered with a permanentb,jpck material, subject to the review and approval of the Planning Division. ,,"'" , . . . . I - .&) I jN'J CARPORT SECTION - r- 1/'-6" t 20'-0" 1/4"=1'.0" P:\U1CM_ ......tic:etto\CRPT-Stt CAIlPOItT SECTION 12-17-99 MONTlCEW APARTMENTS 1WM ....d.. - L 6 ....~. 181 Callos Oriw San bfael CA 94903 - EXHIBIT A . . , Fro. 2".!I WOOD FASGIA G.eMENT F'LASTI!R INFIU. ~/~-- " -...---.- :..~ r~~~:~::~;;~~ '-..........:/ ( PrO. ",4- IoolOOD LATTIG.E PTD.4Jt4 JIolOODF'OST / 12'-6" l 1 ~ CARPORT ELEVATION 11'-6" t 20'-0" 1/4-=1'.0- P:\911 O._W."ticeJla\CIIPT -tLY CARPORT El.EVAnON 12.17-99 MONTlCEW APARTMENTS 1WM a..J ... iT . pi" .... 181 Catlos Drive San lafael CA 1J4'J03 . \ . _ EliHIBIT . B Communi~Development ~partinent ' Planning Division NEGATIVE DECLARATION ..t-- " . City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 , (408) 848-0440 <;:ity File Number: M 98-06 Erojec:LDescription: 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 ProjectLocation: Location: Property located East of Santa Teresa Boulevard, West of Kern Avenue, North of ManteIli Drive, and South ofLongmeadow Drive Assessor's Parcel Numbers: 790-04-037,038,057,059,062 Entity _orhrson(s)...Undertllkillg Prnj.ect: Name: ' Address: South County Housing. 7455 Cannel Street Gilroy, CA 95020 and Glen Lorna Group 7888 Wren Ave. Suite D-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 environment A copy of this study is on file at the ~ity of Gilroy Planning Department, 735 I Rosanna Street, Gilroy, CA 95020, . Preliminary NegativiiFlaration LosAnuyosPUD'" . 2 . 5/27/98 Finlling. & Rea.nn.: The Initial Study identified potentially significant effects on the environment. However, this project has been mitigated (see Mitigation Measures below which avoid or mitigate the .effects) to a point where no significant effects will occur. There is no substantial evidence the project may have a significant effect on the environment. The following reasons will support these fmdings: -:~.;,f-'" 1. - Th.~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 preparati9n 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. Mitigation Measures: 1. A soils investigation shall be prepared for the project by a qualified soils engineer. The recommendations of the soils investigation shall be incorporated into the final improvement plans and shall be reviewed and approved by the Gilroy Engineering Division. prior to approval of the final map. , 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 theU.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 minimi~ dniinage 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 Preliminmy NegativeJiFlaration Los Anuyos PUD . 3 . 5"127/98 f. Site grading shall not cause drainage into the creek. 3. Apply for and obtain a General Permit for Srorm Warer Discharges Associared wirh construcrion Activity. for the entire project site, by submining 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 t~,1!l1this 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 minimizing 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 I); c. Limiting construction access routes and stabi1izing 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) soU 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. 1. Replant vegetation in disturbed areas as quickly as possible. Preliminary Negativ~laration Los Arroyos PUD'" . 4 . 5/27/98 k. lnstalI 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 treeS/vegetative wind breaks at windward siders) of construction areas. m. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour. n. Liriilt 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 V alley 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 final 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 C.S. Army Corps of Engineers pursuant to Section 404 of the Clean Water Act (eWA) (33 C.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 jess than significant level. 6. The project developer shall contact the L.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 of Clean Water Act Sect.ion 404. If consultation with the Corps and R WQCB determines that a permit is necessary, permit requirements may include. but not be l-imited 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, elms, and any other native trees) found within the Tentative Map boundaries. Indicate which trees are planned for removal. '. Preliminary Negative_laration -Los Arroyos PUD . . 5 . .! 5127/98 · The City shall determine which trees, if any, are "significant" If the City determines that significant trees will be retained, the landscape plan shall indicate which trees are to be retained. During construction of the proposed project. the following measures will occur: 1) 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 ptifi1ine 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 7 a.m. and 7 p.m.. to Saturdays and City holidays between.9 a.m. 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 Boulevard: To control flanking noise. the 12-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 I I feet high for 10 feet. at 10 feet high for 9 feet. at 9 feet high for 12 feet at 8 feet high tor 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 1. 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 Ibs. 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 .aration Los Arroyos PUD 6 . 5127/98 a tendency to warp and form openings with age. However, high quality, air-tight. tongue-and- groove, shiplap, or board and batten construction can be used, provided the minimum surface weight requirement is met and the construction is air tight. 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 \iPP"er 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 265 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 environment should be provided. The mechanical ventilation requirements are specified by the Uniform Building Code (UBC). 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 environment 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 comP9und to prevent sound infiltration. 15. Due to the possibility that significant buried cultura) res.ources 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: . Preliminary Negative liilIIli1aration Los Anuyos PliO . 7 . o' 5/27/98 "If archaeological resources or human remains are discovered during construction, work shall be halted at a minimum of 200 feet from the find until it can be evalUated by a qualified professional archaeologist. If the fmd is determined to be significant, appropriate rnitigation measures shall be formulated and implemented." Date Prepared: May 27, 1998 End ofRey~'w Period: June "22, 1998 -,", Date Approved By City Council: William Faus Planning Services Manager , .' .' '. . . I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached Resolution No. 2000-14 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 6th day of March, 2000, 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 10th day of March, 2000. ~"-e-u~ City Clerk of the City of Gilroy (Seal)