Resolution 2000-49
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RESOLUTION NO. 2000-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING AlS 00-15 (PUD), AN APPLICATION
FOR ARCHITECTURAL AND SITE APPROVAL OF A
PLANNED UNIT DEVELOPMENT (PUD) INVOLVING
APPROXIMATELY 0.8 ACRES, APN 790-04-076,790-04-079
WHEREAS, Growth & Opportunity, Inc. ("Applicant") submitted AlS 00-15, an
application for architectural and site approval of a planned unit development ("PUD") for
approval of a two-story child care center of approximately 11,270 square feet on a 0.8 acre parcel
located at 885 Moro Drive, the northeast comer ofMoro Drive and Hirasaki Avenue; 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
September 8, 1998, for this project; and
WHEREAS, the Planning Commission reviewed application AlS 00-15 at its duly
noticed public meeting on June 1, 2000, and recommended that the City Council approve
AlS 00-15; and
WHEREAS, the City Council held a duly noticed public meeting on June 19, 2000, at
which time the City Council considered the public testimony, the Staff Report dated June 1,
2000, and all other documentation related to application AlS 00-15; 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.
NOW, THEREFORE, BE IT RESOLVED THAT:
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Resolution 2000-49
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Resolution 2000-49
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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 conforms to the Gilroy General Plan in terms of general
location and standards of development.
2. The project is located in a residential area, and therefore fulfills a specific
need ofthe surrounding area.
3. Urban services are available at the project site.
4. The project plan is harmonious and integrated.
5. The proposed land use plan of the project is both an economical and
efficient use of this property.
6. The proposed landscaping plan of the project meets the intent of the
P1armed Unit Development ordinance.
7. The proposed facility is attractive and harmonizes with the residential
character of this area.
8. All impacts from traffic congestion, noise, odor or other adverse effects
will be mitigated.
9. The project provides adequate access, landscaping, trash areas and storage.
B. The City Council hereby finds:
1. The project will not be detrimental to public welfare or injurious to
persons or property in the vicinity.
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2. There is no substantial evidence in the record that this project will have a
significant impact on the environment.
C. NS 00-15 should be and hereby is approved subject to:
III
III
III
III
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1. The nineteen (19) conditions set forth in the Staff Report dated June 1,
2000, attached hereto as Exhibit A and incorporated herein by this
reference, and two additional conditions which shall read in their entirety
as follows:
Condition 20. All construction activities shall be limited to weekdays
between 7 a.m. and 7 p.m. and Saturdays and City holidays between 9 a.m.
and 7 p.m. No construction is allowed on Sundays.
Condition 21. Fencing adjacent to the future park shall be landscaped on
the applicant's side ofthe fence and shall be completed immediately.
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.
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Resolution 2000-49
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PASSED AND ADOPTED this 10'h day of July, 2000 by the following vote:
AYES:
COUNCILMEMBERS:
G. ARELLANO, P. ARELLANO, MORALES,
SUDOL, VELASCO, SPRINGER
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
PINHEIRO
APPROVED:
h
THOMAS W. SPRIN
ATTEST: &2/-
~. ./~~ (// " .
....., ~--<~,
Rhonda Pellin, City Clerk
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Resolution 2000-49
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Community Development Department
Planning Division
Staff Report
Exhibit A
June 1, 2000
FILE NUMBERS: CUP 00-06, AlS 00-15 REVISED STAFF REPORT
APPLICANT: Growth & Opportunity, Ine. (do Andy Lief, South County Housing)
LOCATION: 885 Moro Drive, northeast comer of Moro Drive and Hirasaki Avenue
DESCRIPTION: Construction of a two-story childcare center with offices
STAFF PLANNER: Melissa Durkin
REOUESTED ACTIONS:
CUP 00-05 Conditional Use Permit request to construct a child care center in a
residentially zoned area.
Staff recommends aooroval of this reouest with 6 conditions
A1S 00-15
Planned Unit Development Architectural and Site Review approval of
a two-story childcare center.
Staff recommends aooroval of this reouest with 19 conditions
DESCRIPTION OF PROPERTY:
Parcel No.:
Net Area:
Flood Zone:
790-04-076, 079
0.8 acres
"X," Panel # 060 340 0001D, Panel Date: 8/17/98
CUP 00-06, AJS 00-15 Rev,
STATUS OF PROPERTY:
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Existing Land Use
Undeveloped Land
General Plan Desil!llation
High Density Residential
Zoning
RIIR3-PUD
STATUS OF SURROUNDING PROPERTY:
Existing Land Use
N: Undeveloped (Future City Park)
S: S. F. Homes under Development
E: S. F. Homes under Development
W: Single Family Homes
General Plan Desil!llation
Low Density Residential
Low Density Residential
Low Density Residential
Low Density Residential
Zoning
RIIR3-PUD
RIIR3-PUD
RIIR3-PUD
RIIR3-PUD
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 examples demonstrates this compliance:
Policy 3: "Urban Development will onZv 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 Cit.
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 generally
surrounded by developed property and municipal services are available near this site.
ENVIRONMENT AL IMPACTS:
NEGATIVE DECLARATION
A Negative Declaration, with 15 mitigation measures, was adopted for this project in 1998.
PROJECT DESCRIPTION:
The applicant proposes to construct a two-story 11,270:1: square foot childcare center on a 0.8-acre site on
property zoned R11R3-PUD (Single Family Residentia!iMedium Density Residential-Planned Unit
CUP 00-06, AJS 00-15 Re9
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Development). This center will have a maximwn capacity of 78 children and will be operated by Growth
and Oppornmity, Inc. Staff will include 11 full-time childcare workers and 10 full-time office employees.
This facility will be located in the Los Arroyos development, adjacent to a planned City park.
CONDITIONAL USE PERMIT ANALYSIS:
Tne childcare center will operate Monday through Friday from 6 AM to 6 PM. The facility will
accommodate up to 78 children, with drop-off and pick-up of children staggered throughout the day. Four
separate, fenced play areas are located outside of the facility. Zoning Ordinance section 10.30, Residential
C se Table, requires approval of a Conditional Use Permit to operate a childcare center in residential zoning
districts. The purpose of this regulation is to ensure that the operation of the center does not interfere with
surrounding residents' enjoyment of their property. The following issues are associated with this
Conditional Use Permit request:
Parking
Zoning Ordinance section 31.22 requires 23 parking stalls and 16 child loading spaces to be provided for
this project. The applicant is proposing to provide 29 parking stalls and no child loading spaces. [Note:
this exception can be granted through the accompanying Planned Unit Development i\rchitecnrral and Site
Review application i'-.JS 00-15.J The reason the applicant is requested this alternate nwnber of parking
stalls/loading spaces is because parents drop their children off and pick them up at different times
throughout :he day, and therefore the applicant believes fewer parking spaces are needed than are required
by code. In addition, the applicant prefers to provide parking spaces rather than child loading spaces, since
parents must enter the facility when they are dropping off and picking up their children. Therefore, parents
will acrually have to park.. rather than briefly stopping at a loading zone. The applicant has provided a
parking survey of another facility they operate (attached) to suPPOrt this position. Staff recommends that,
if this Conditional Use Permit is approved. parking should be monitored. Should parking be determined
to be inadequate for this site, the Conditional Cse Permit should be revoked, with re-issuance of a
Conditional Use Permit dependent upon the childcare operator either reducing the munber of children cared
for or increasing the number of parking stalls provided.
Noise
This facility has the potential to generate noise beyond what is normally found in a residential area.
However, staff does not believe the noise generation will be a significant concern for the following reasons:
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The hours and days offacility operation will be limited to times when most people are not at home.
The childcare facility will not directly abut any homes: the rear of the facility will be adjacent to a
planned City park, and streets surround the facility on all other sides. Therefore, noise conflicts will
be limited.
In addition, Staff has recommended conditions of approval that will limit noise impacts to neighbors.
CUP 00-06, AlS 00-15 Revi.
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Multi-Purpose Meeting Room
The applicant has indicated that the multi-purpose meeting room may be used for neighborhood events.
Staff has a concern that this room has the potential for use by people beyond the immediate neighborhood,
which would generate more traffic than is appropriate for a residential area. Staff therefore recommends
that a condition of approval be added restricting the use of this room to residents in the immediate
neighborhood.
ST AFF RECOMMENDA nON
Staff recommends APPROVAL of Conditional Use Permit 00-06 with 6 conditions for the
followine reasons:
A. With the proposed conditions of approval, the childcare facility will not significantly affect other
properties or residents in the vicinity.
B. The proposed CUP will not negatively affect the character or appearance of the surrounding
neighborhood.
C. There will be no significant environmental impacts as a result of this project.
PUD ARCHITECTURAL AND SITE REVIEW ANALYSIS:
The following Planned Unit Development Architecrural and Site issues pertain to this project:
Architectural Design
The two-story childcare center will consist of a 7.270 square foot first floor and a 4.000 square foot second
floor. The building's first floor will be divided into four separate childcare rooms and a multi-purpose
meeting room. The second floor will contain offices for 10 employees and a resource room for parents.
The craftsman style building will have wood lap siding, aluminum windows, and an asphalt roof.
Architectural features of the building include hip and gable roofs. a second floor balcony. second story
dormers, and building projections showcasing the front entry and first floor windows. Building colors will
be selected to complement colors used in the residences constructed around this site.
Parking
As discussed in the Conditional Use Permit section of this report, this project is required to provide 23
parking stalls and 16 child loading spaces. The applicant is proposing to provide 29 parking stalls and no
CUP 00-06, NS 00-15 Re. 5 . '06/01/00
child loading spaces. This exception should be granted only if the Planning Commission and City Council
believe the applicant's parking survey supports providing a lower number of parking stalls.
Play Areas
The applicant is proposing to construct four outdoor play areas-one for each of the four childcare rooms.
Two of these play areas will be visible from Moro Drive; the other two will be on the rear of the building,
and will only be visible from the future park site. A four-foot high wooden fence with a top rail will enclose
the play areas on the front of the building. The applicant intends to use the same materials used in the
building to constrUct this fence, so that the architectural character of the fence will complement the building.
The play areas in the back of the site will be surrounded by a five-foot high black chain link fence, and will
not be visible from the public right-ofway.
Staff does have a concern about the visual appearance of the play equipment that will be located adjacent
to Moro Drive. Staff recommends that a condition of approval be placed on this project requiring staff
review of this equipment prior to its installation.
Landscaping
Planned unit Developments are regulated by Zoning Ordinance Section 50.55, which requires "...greater
provisions for landscaping and open space than would generally be required." The applicant has submitted
a landscaping plan that meets this requirement by landscaping approximately 30% of this site and including
large landscape buffers adjacent to the streets. The landscape island in the middle of the parking lot will
have to be removed to allow adequate parking stall length and back-up space.
Planned Unit Development Requirements
The Planned Unit Development (POO) Combining District Statement ofIntent (Zoning Ordinance section
26.10) requires projects within a PlID ".. .to promote unified planning and development, economical and
efficient land use, a higher standard of amenIties, appropnate and harmonious variety in physical
development, creative design, and an upgrading of the urban environment." Staff believes this project meets
the intent of the POO ordinance, because the building design exceeds minimum standards, the applicant has
landscaped a large amount of the site, and placing the childcare center in this location will benefit
surrounding residents.
Two entrances to this site will continue to be provided from Moro Drive and One entrance will be provided
from Hirasaki Avenue. 10 addition, a service entrance will be provided from Moro Drive.
FINDINGS:
10 order to approve a Planned Unit Development, Zoning Ordinance Section 50.55 requires the Planning
Commission and City Council to 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;
CUP 00-06, AlS 00-15 Re. 6 .
C. Not require urban services beyond those which are currently available;
06/0 1/00
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.
STAFF RECOMMENDATION
If the Plannin!~ Commission fmds the applicant has provided adeouate parkin!!:. Staff recommends
that the Plannin!!: Commission forward a recommendation of APPROVAL of this Planned Unit
Develooment Architectural and Site review (with 19 conditions) to the City Council for the foUowin!!:
reasons:
A. This project conforms to the Gilroy General Plan in terms of general location and standards 01
development, as shown in the section of this report titled "Conformance of the Request with the General
Planll;
B. The proposed facility is located in a residential area, and therefore fulfills a specific need of the
surrounding area;
C. Urban Services are available at this site;
D. The plan is harmonious and integrated;
E. This proposed land use plan is both an economical and efficient use of this property;
F. The proposed landscaping plan meets the intent of the Planned Unit Development ordinance;
G. The proposed building is attractive and harmonizes with the residential character of this area;
H. All impacts from traffic congestion, noise, odor or other adverse effects will be mitigated; and
I. Adequate access, landscaping, trash areas and storage have been provided.
CUP 00-06, AJS 00-15 Rev.
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CONDITIONS
CONDmONAL USE PERMIT:
1. Children shall not be allowed to play outside before 8 AM. This condition shall be subject to
monitoring and enforcement by the Planning Division.
2. Should parking be determined to be inadequate for this site, this Conditional Use Permit shall be
revoked. Re-issuance of a Conditional Use Permit shall be dependent upon the childcare operator either
reducing the number of children cared for or increasing the number of parking stalls provided. This shall
be subject to monitoring and enforcement by the Planning Division.
3. The number of children cared for in this facility shall not exceed 78, the number of childcare workers
shall not exceed 11 at anyone time, and the number of corporate staff shall not exceed 10 at anyone
time. This shall be subject to monitoring and enforcement by the Planning Division.
4. The hours of operation of this facility shall be limited to Monday through Friday from 6 A1\1 to 6 PM. '.
This shall be subject to monitoring and enforcement by the Planning Division.
5. The multi-purpose room shall be used only by clients of the childcare center or residents in the
immediate vicinity of the childcare center, subject to monitoring and enforcement by the Planning
Division.
6. Failure to comply with the terms of this Conditional Use Permit will result in its revocation., subject to
monitoring and enforcement by the Planning Division.
PLANNED UNIT DEVELOPMENT ARCHITECTURAL AND SITE REVIEW:
1. Approval of this Architectural and Site Review shall be subject to the applicant obtaining Planning
Commission approval of Conditional Use Permit application CUP 00-06.
2. This project shall be subject to Mitigation Measures I through 15 contained within the Negative
Declaration for the Los Arroyos development, 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). This shall be subject to the review and approval by the Planning Division.
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.
CuP 00-06, AfS 00-15 Re. 8 . . 06/0liOO
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. 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.
6. Street trees will be required for per the Consolidated Landscaping Policy. A Street Tree Permit must
be obtained, subject to review and approval by the Community Services Deparnnent
7. The fence shall be placed in a "mow strip," subject to review and approval by the Community Services
Department
8. All street trees shall be placed a minimum of three feet from concrete (i.e. trees shall be either placed
in trees wells or set back from the sidewalk at least three feet). This shall be subject to review and
approval by the Community Services Deparnnent
9. The applicant shall remove the landscape island in the middle of the parking lot to allow adequate
parking stall length and back-up space, subject to review and approval by the Planning Division.
10. Building colors shall be earth tones, subject to review and approval by the Planning Division.
11. All utilities to, through, and on the site shall be constructed underground, in accordance with Municipal
Code Section 21.120, subject to the review and approval of the Engineering Division.
12. All improvements are to be designed and constructed in accordance with City of Gilroy Standards,
subject to the review and approval of the Engineering Division.
13. All grading operations and soil compaction activities shall be performed in accordance with the
approved soils report and shall meet with the approval of the City Engineer. Grading plans shall show
grades of all adjacent properties, and shall be subject to the review and approval of the Engineering
Division.
14. Driveway curb cuts shall be thirty feet wide, subject to the review and approval of the Engineering
Division.
15. The applicant shall provide an engineered sight distaoce analysis for the main driveway on Moro Drive.
Actual driveway location and building placement may need to be adjusted based on this analysis. This
shall be subject to the review and approval of the Engineering and Planning Divisions.
16. All proposed fencing must meet the requirements of the Planning Division.
17. Location of project hydrants must be approved by the Building, Life and Environmental Safety Division.
CUP 00-06, AJS 00-15 Rev_ 9 . 06/01/00
18. Proposed play equipment design and location shalI be subject to the review and approval of the Planning
Division prior to its installation.
19. Fire sprinklers are required for this building, subject to the review and approval of the Deputy
Fire Marshal
'jjL, ~
Williant Faus
Planning Division Manager
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
(408) 848-0440
, ..
Community~evelopment Department
Planning Division
NEGATIVE
DECLARATION
City File Number: M 98-06
fmject Description:
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
pIllject Location:
Location:
Property located East of Santa Teresa Boulevard, West of Kern Avenue, North of
Mantelli Drive, and South of Longmeadow Drive
Assessor's Parcel Numbers: 790-04-037,038, 057, 059,062
. Entitr-oJ::..&non(s.)...UndertakinghoLect:
Name:
Address:
South County Housing
7455 Carmel Street
Gilroy, CA 95020
and Glen Loma Group
7888 Wren Ave. Suite D-143
Gilroy, CA 95020
InitialStu.d)':
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, 7351 Rosanna Street, Gilroy, CA 95020.
EXHIBIT "B"
Preliminary Negative Lion
Los Arroyos PUD
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5/27/98
Finn;ne~ & 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:
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.
Mitigation Measur:es:
1. A soils investigation shall be prepared for the project by a qualified soils engineer. The
r,commendations 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.
1 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 4mtion
Los Arroyos POO
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5/27/98
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 Wat.er 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 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 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 consuuction 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) ifvisible 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.
1. Install sandbags or other erosion control measures to prevent silt runoff to public roadways.
1. Replant vegetation in disturbed areas as quickly as possible.
Preliminary Negative reration
Los Arroyos PUD
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5/27/98
k. Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and
equipment leaving the site.
I. Install wind breaks, or plant trees/vegetative wind breaks at windward side(s) of
construction areas.
m. Suspend excavation and grading activity when winds (instantaneous 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. Tne 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 fmal map. Monitoring shall take place during grading and construction activities and
shall be performed by either the City Engineer.ng Division or the Santa Clara Valley Water
District.
Work which takes place within waters of the enited States must be authorized by the U.S.
i\rmy Corps of Engineers pursuant to Section 404 of the Clean Water Act (eWA) (33 U.S.c.
1344). Waters of the Cnited states generally include tidal waters, lakes, ponds. rivers. streams,
and wetlands. If implementation of Mitigation :v[easure 5 is not feasible, Mitigation Measure
6 will reduce potential impacts to a less than significant level.
6. The project developer shall contact the C.S. .-\m1y Corps ofEngmeers (CORPS) and Regional
Water Quality Control Board (RWQCB) at the earliest possible stage of planning all phases
to detennine if the nature of the proposed work would require a permit under the provisions
of Clean Water Act Section 404. If consuitation with the Corps and R WQCB detennines that
a pennit is necessary, pennit requirements may include. but not be limited to, the tollowing
actions to be completed prior to issuance of a building pennit.
. 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 pennit 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 D~tion
Los Arroyos POD
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5/27/98
5
. 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 consnuction 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
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 7 a.m. and 7 p.m., to Saturdays
and City holidays between 9 am. and 7 p.m. :'-10 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 11 feet high for 10
feet at 10 feet high for 9 feel, 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 Tnis 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 !, 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 ~on
Los Arroyos PUD
.
5/27/98
6
a tendency to warp and fonn 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 pennitted 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 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 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 furure development, pursuant to the
review and approval of the Gilroy Planning Division:
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htlltM ...\.:..:-........... afzaa..hID dl:fiacl1IIIti1.~DcCV-~ hyar-I~ ,.....rLA imaJ
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:0. r.~..4: May %1. 199I
~0fReviaw PcdacI: 1_ 22. 1998
. Dab: AppmvecI By City 0-";"'"
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WilliImF_
P'-'''':.~I Servir;f MiaIaFr:
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached
Resolution No. 2000-49 is an original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 10th day of July, 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 24th day of August, 2000.
^-
lerk of the City of Gilroy
(Seal)