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Resolution 2000-59 . . RESOLUTION NO. 2000-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 00-03, A TENTATIVE MAP TO CREATE THIRTY-THREE SINGLE-FAMILY LOTS ON APPROXIMATELY 9.78 ACRES LOCATED AT THE NORTHEAST CORNER OF SANTA TERESA BOULEVARD AND MANTELL! DRNE, APN 790-04-070. WHEREAS, Cotswold L.L.C. ("Applicant") submitted TM 00-03, requesting a Tentative Map to subdivide a 9.78-acre lot into thirty-three (33) single-family lots; and WHEREAS, the property affected by TM 00-03 is located at the northeast comer Santa Teresa Boulevard and Mantelli Drive; WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), a Negative Declaration, which included this project, along with a Mitigation Monitoring program, was adopted by the City Council on October 18, 1999, in connection with tentative map application TM 99-10; and WHEREAS, the Planning Commission held a duly noticed public hearing on August 3, 2000, at which it considered this project and voted to recommend approval of TM 00-03 to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on August 7, 2000, at which time the City Council considered the public testimony, the Staff Report dated July 28, 2000, and all other documentation related to application TM 00-03; 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. IGMB1490056,1 02-082904706002 -1- Resolution No. 2000-59 . . NOW, THEREFORE, BE IT RESOLVED THAT A. The City Council finds as follows: I. The project is consistent with the site's land use designation on the General Plan map, and with the intent of the General Plan text. 2. The project is consistent with the Zoning Ordinance, the City's Subdivision and Land Development Code, and the State Subdivision Map Act. 3. There are no facts to support findings requmng denial of the proposed tentative map pursuant to California Government Code section 66474. 4. There is no substantial evidence in the record that this project will have a significant effect on the environment. B. Tentative Map TM 00-03 should be and hereby is approved, subject to: 1. The thirty-two (32) conditions identified in the Staff Report for the project dated July 28, 2000, attached hereto as Exhibit A, with a revision to Condition 30 and one additional condition. The revised Condition 30 and the additional condition shall read in their entirety as follows: Condition 30. The Applicant shall disclose to future homebuyers within this development that the City of Gilroy has the right to build a fire station on lots 43 and 44. Further, the owners shall be notified that if these lots are not developed with a fire station, then the City will allow said lots to be developed with duette homes. This language shall be subject to the review and approval of the Planning Division. Condition 33. The Applicant shall revise the tentative map to include dedication to the City of lots 43 and 44 for the purpose of construction of a IGMB\490056,1 02.082904706002 -2- Resolution No. 2000-59 . . fire station. This shall be subject to the review and approval of the Planning and Engineering Divisions. 2. The seven (7) mitigation measures set forth in the Negative Declaration, and the MitigationIMonitoring Program, attached hereto as Exhibit B and incorporated herein by this reference. 3. This approval becomes effective if and only if, and on the same date that, Ordinance No. 2000-~ becomes effective. Otherwise, this approval is null and void without any further action by the City. PASSED AND ADOPTED this 18th day of September, 2000 by the following vote: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO, SUDOL, VELASCO, SPRINGER NONE AYES: COUNCILMEMBERS: NOES: NONE APPROVED: ----?[: W, Thomas W. Springer, May :;1ma:z. t2u~ Rhonda Pellin, City Clerk IGMB\490056,1 02.082904706002 -3- Resolution No. 2000-59 July 28, 2000 :. ,. Community Development Department Planning Division Staff Report FILE NUMBERS: Z 00-05, TM 00-03, AlS 00-18 APPLICANT: Cotswold L.L.C. (clo Skip Spiering) LOCATION: Northeast corner of Santa Teresa Boulevard and Mantelli Drive DESCRIPTION: Zone Change, Tentative Map, and Planned Unit Development Approval for a residential subdivision STAFF PLANNER: Melissa Durkin REQUESTED ACTIONS: Z 00-05 Zone Chan!!:e request to rezone a 9.78:1: acre parcel from RI to RI-PUD Staff recommends approval of this request TM 00-03 Tentative MaD request to subdivide a 9.78:1: acre parcel into 33 lots. Staff recommends approval of this request with 32 conditions AlS 00-18 Planned Unit DeveloDment review of a 33-10t single-family subdivision Staff recommends aoproval of this request with 14 conditions DESCRIPTION OF PROPERTY: Parcel No.: Parcel Size: Flood Zone: 790-04-070 9.78:1: acres "X," Panel # 060340 0001 D, Date: 8/17/98 ~xh;bi+ A ,Z 00-05, TM 00-03, AJS OO-IEtt STATUS OF PROPERTY: 2 . 7/28/00 Existing Land Use Undeveloped General Plan Desil!llation Low Density Residential Zoning Rl STATUS OF SURROUNDING PROPERTY: Existing Land Use N: SCVWD ChannellUndev. Res. S: S. F. Homes Under Construction E: Single Family Homes W: Santa Teresa Blvd.lS. F. Homes General Plan Desil!llation PF, Low Density Residential Low Density Residential Med., Low Density Residential Low Density Residential Zoning Rl/R3-PUD Rl Rl/R3-PUD Rl 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 also conforms to the policies of Gilroy's General Plan. The following examples demonstrate this compliance: Urban Develooment and Community Desil!ll (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. " 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 these policies because this property is surrounded by developed and developing residential land, and municipal services are currently available at this site. ENVIRONMENTAL IMPACTS: NEGATIVE DECLARATION An Expanded Initial Study was prepared for this project in 1999. The study was completed in compliance with CEQA and reflects the independent judgement of the City. The study identified potentially significant effects on the environment. However, the applicant has agreed to individual mitigation measures that will avoid or mitigate the effects to a point where no significant impacts will occur. A Negative Declaration with 7 mitigation measures and a Mitigation Monitoring Program were adopted in November 1999. 'Z 00-95, TM 00-03, AlS 00-lf. RDO BACKGROUND: 3 . 7/28/00 This project was awarded 33 allocations in the 1999 Residential Development competition. Staff has reviewed the submitted applications and has determined that the proposed project complies with the approved Residential Development allocation. PREVIOUS TENTATIVE MAP APPROVAL: A twelve-lot subdivision was approved on the northeasterly 1.72 acres of this site in November 1999 [Ref: TM 99-10]. PROJECT CHARACTERISTICS: The development is surrounded by residential neighborhoods to the west and east, and developing residential neighborhoods to the north and south. A water district channel (South Morey Channel) directly abuts the property to the north and Santa Teresa Boulevard abuts the property to the west. Access to this site will be provided by Mantelli Drive (an arterial street), Zinnia Street (a local street), and two new local streets. ,Z 00-Q5, TM 00-03, AlS OO-lll. 4 . 7/28/00 ZONE CHANGE ANALYSIS: The applicant requests Zone Change approval to rezone this 9.78'" acre site from RI (Single Family Residential) to RI-PUD (Single Family Residential- Planned Unit Development). If approved, the proposed Planned Unit Development (PUD) combining district will allow the applicant flexibility with City standards in developing this site. The applicant proposes to use this flexibility to develop ten duette (attached) homes within this tract on lots less than 6,000 square feet. The Planned Unit Development zoning overlay will encompass this entire 9.78'" acre site, including the 1.72'" acre portion that was subdivided under Tentative Map application TM 99-10. The Planned Unit Development Combining District Statement ofIntent (Zoning Ordinance section 26.10) states, ''The intent of the PUD Planned Unit Development Combining District is to allow diversification in the relationships of buildings, structures, and open spaces in building groups and the allowable heights of said buildings and structures, while insuring adequate standards related to the public health, safety and general welfare of the community, and so doing to promote unified planning and development, economical and efficient land use, a higher standard of amenities, appropriate and harmonious variety in physical development, creative design, and an upgrading of the urban environment." The Tentative Map and Architectural and Site review portions of this staff report will analyze this project's compliance with the PUD Statement of Intent and all necessary PUD fmdings. Concurrent processing of the Zone Change, Tentative Map and Architectural and Site Review applications allows a comprehensive review of the overall development plan, thereby enabling a holistic approach to project approval. The proposed Zone Change request is substantially consistent with the intent of the City's General Plan text and Zoning Ordinance. The flexibility allowed by the PUD will enable the applicant to use creativity in designing a project on this site. STAFF RECOMMENDATION: Staff recommends that the Planninl!: Commission forward a recommendation of Aoproval of this request to the City Council. The followinl! fmdinl!s SUDDort this recommendation: A. The proposed zone change is consistent with the site's land use designation on the General Plan map. B. The proposed zone change is consistent with the intent of the General Plan text. C. The proposal will not be detrimental to public welfare or injurious to persons or property in the vicinity. D. There will be no significant impacts as a result of this project due to the required mitigation measures to be applied. ,Z 00-Q5, TM 00-03, AJS OO-I~. 5 . 7/28/00 TENTATIVE MAP ANALYSIS: The applicant requests Tentative Map approval to subdivide this parcel into thirty-three residential lots. Following is an analysis of the Tentative Map considerations for this project. Lot Tvpes If approved, this Tentative Map would create thirty-three residential lots in the following configurations: Standard Single Family Lots The applicant proposes the creation of23 single-family lots ranging in size from 6,00(}.i square feet to 7,82(}.i square feet. Duette Lots The applicant proposes 10 duette lots (lots that will contained attached, independently owned homes) ranging in size from 3,70(}.i square feet to 6,84()O!O square feet. All of the duette lots will be located on street comers within this development. [Note: If the City decides to construct a fire station on lots 43 and 44, only 8 duette units will be constructed within this development. Please see "City Fire Station" discussion below.] Citv Fire Station In the 1999 Residential Development competition, the applicant offered a 10,000 square foot lot to the City for a future fire station. The land proposed for this dedication is shown as lots 43 and 44 on the site plan (southwest comer ofMantelli Drive and Zinnia Street). The applicant will keep this lot available for the City until March 2002 or such time as the City decides it does not want to place a fire station on this lot. If the City decides not to construct a fire station on lots 43 and 44, the applicant will develop them with duette homes. Staffhas recommended a condition of approval requiring the applicant to notify future homebuyers that a fire station may be constructed on this site. Water Channel Issues The north side of this site borders a Santa Clara Valley Water District (SCVWD) water 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 to limit conflicts between residential uses and park uses. Cotswold, L.L.C. has addressed the City's water channel policy by placing a street adjacent to the channel. The applicant has successfully limited all but two homes from abutting the channel. Staff feels that the proposed design meets the intent of this policy. Staff recommends that the future owners oflots one (1) and thirty-one (31) be notified that the channel may be developed with a bicycle path. [Note: Lot one was created under Tentative Map application TM 99-10.] Z 00-05, TM 00-03, AlS 00-18. Streets 6 . 7/28/00 The following information applies to streets within this subdivision: . All streets within this subdivision will be standard public streets. . Primary access to this site will be provided by Mantelli Drive, which is a currently uncompleted arterial. The Extension of Mantelli Drive to Santa Teresa Boulevard is expected to be completed no later than 2002. Until this street is completed, lots 18 and 21 will be used as an Emergency Vehicle Access. Once the construction of Mantelli Drive is complete, lots 18 and 21 will be developed with duette homes. . The westerly-most street in this subdivision will be limited to only right turns in and right turns out. The proposed subdivision is substantially consistent with the intent of the City's General Plan text. In addition, the proposed subdivision is consistent with minimum requirements of the State of California Subdivision Map Act and with the City of Gilroy Subdivisions and Land Development Code. STAFF RECOMMENDATION: Staff recommends ADDroval of this request for the following reasons: A. The proposed Tentative Map 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. B. Public utilities and infrastructure improvements needed in order to serve the proposed development are in close proximity along Mantelli Drive. C. ,There will be no significant impacts as a result of this project due to the required mitigation measures to be applied. D. The proposed Tentative Map is consistent with the State of California Subdivision Map Act and the City of Gilroy Subdivisions and Land Development Code. TENTATIVE MAP CONDITIONS Staff recommends that the followinl! conditions be Dlaced on the aDDroval of this request: 1. MITIGATION MEASURES #1 THROUGH #7, contained within the adopted Negative Declaration for this property shall be applied to the approval of the project in order to reduce and/or mitigate all potential significant impacts to a level of insignificance, as required under the California Environmental Quality Act (CEQA). This shall be subject to the review and approval of the Planning Division. ,Z 00-05, TM 00-03, AJS 00-18. 7 . 7/28/00 2. Approval ofTM 00-03 is subject to the applicant receiving approval of Zone Change application ZOO-OS. 3. Street improvements and the design of all storm drainage, sewer and water lines, and all street sections and widths shall be subject to the review and approval of the Engineering Division. 4. All grading operations and soil compaction activities shall be per 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 approval of the Engineering Division. 5. Street improvements and the design of all storm drainage, sewer and water lines, and all street sections and widths shall be subject to the review and approval of Engineering Division. 6. 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 Engineering Division. 7. All existing water wells shall be sealed to meet the approval of the City Engineer and the Santa Clara Valley Water District (SCVWD). 8. The applicant shall obtain all required permits from the Santa Clara Valley Water District and Natural Resources Conservation Service. 9. Fencing adjacent to the SCVWD drainage channel that is visible from the public right-of-way shall be constructed of black wrought iron or black tubular steel. This condition shall be subject to the review and approval of the Planning Division. 10. Site grading should be done such that there is no overbank drainage into the creek, subject to review and approval by the SCVWD. II. Site drainage should be directed to an existing storm drain system. If an outfall is required into the creek, approval for the outfall must be obtained from the Califomia State Department of Fish and Game, the United States Army Corps of Engineers, the Central Coast Regional Water Quality Control Board, and the SCVWD. 12. Landscaping adjacent to the creek side property line shall consist of California native species. Any trees planted near the property line should be placed such that they do not overhang the property line, or are of a variety that can be pruned and trained to provide a minimum vertical clearance of 15 feet over the SCVWD property. All landscaping adjacent to the creek shall be subject to review and approval by the SCVWD. 13. Fencing adjacent to the creek shall be subject to review and approval by the SCVWD. 14. The SCVWD streamside development policy should be incorporated into the design layout, to the extent possible, subject to the review and approval of the Planning Division and the Engineering Division. ,2 00-Q5, TM 00-03, AlS 00-18. 8 . 7/28/00 15. The developer will be required to obtain a NPDES General Permit for Storm Water Discharge Associated with Construction Activity from the State Water Resources Control Board, subject to review and approval by the SCVWD and the State Water Resources Control Board. 16. The developer shall follow the Santa Clara Urban Runoff Pollution Program's recommended Best Management Practices for construction activities, and shall incorporate water quality mitigation measures into the design of this project, subject to the review and approval of the SCVWD. 17. The subdivider shall defend, indemnify, and hold harmless the City, its City Council, Planning Commission, agents, officers, and employees from any claim, action, or proceeding against the City or its City Coundl, Planning Commission, agents, officers, and employees to attack, set aside, void, or annul an approval of the City, City Council, Planning Commission, or other board, advisory agency, or legislative body concerning this subdivision. City will promptly notify the subdivider of any claim, action, or proceeding against it, and will cooperate fully in the defense. This condition is imposed pursuant to California Government Code Section 66474.9. 18. The Building, Life, and Environmental Safety Division shall approve all hydrant locations and water main sizing prior to building permit issuance. Equipment and staffing shall be provided for watering of all exposed or disturbed soil surfaces at least twice daily. An appropriate dust palliative or suppressant, added to water before application, shall be utilized, subject to review and approval by the Building, Life, and Environmental Safety Division. 19. An all-weather access road for fire engines shall be provided before commencing any combustible construction. Fire hydrants shall also be installed and maintained before combustible construction begins. This condition shall be subject to the review and approval of the Deputy Fire Marshal. 20. The applicant shall obtain Planned Unit Development Architectural and Site approval prior to Final Map recordation, subject to the review and approval of the Planning Division. 21. Prior to Council approval of the Tract Map and Improvement Plans, the following items will need to be completed, subject to review and approval by the Engineering Division: A. A signed original composite plan by the electrical design engineer shall be a part of the improvement plans. B. A letter from the subdivision design civil engineer shall be prepared which states that the composite plan agrees with City Codes and Standards and that no underground utility conflict exists. C. "Will Serve Letters" from each utility company for the subdivision shall be supplied to the City. D. The City will collect the plan check and inspection fee for the utility underground work. 22. Prior to any construction of the utilities in the field, the following will need to be supplied to the City: A. A signed and PG&E-approved original electric plan. B. A letter from the design Civil Engineer that states the electrical plan conforms with City Codes and Standards, and to the approved subdivision improvement plans. This shall be subject to review and approval by the Engineering Division. .Z 00-05, TM 00-03, AJS 00-18. 9 . 7/28/00 23. All retaining walls must be constructed of permanent materials such as concrete or masonry, and shall be of a modular design; wood shall not be permitted. This shall be subject to review and approval by the Engineering Division. 24. All lots shall drain to the street for storm drainage, subject to the review and approval of the Engineering Division. 25. The developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. The composite drawings and/or utility improvement plans shall be signed by a licensed civil engineer. This shall be subject to the approval of the Engineering Division. 26. The developer shall negotiate rights-of-way with Pacific Gas and Electric and other utilities, subject to review and approval by the Engineering Division and the utility companies. 27. With the exception of lots that received an exemption from the application of the City's Residential Development Ordinance (RDO) (City Zoning Ordinance Sections 50.60 et seq.), no building permit shall be issued in connection with this project if the owner or developer of such development (i) is not in compliance with the RDO, any conditions of approval issued in connection with such development, or other City requirements applicable to such development; or (ii) is in default under any agreement entered into with the City in connection with such development pursuant to the RDO. 28. All construction activities shall be limited to weekdays between 7 a.m. and 7 p.m. and to Saturdays and City holidays between 9 a.m. and 7 p.m. No construction is allowed on Sundays. 29. The developer shall disclose to the purchasers of lots I and 31 that a recreational trail may be developed along the drainage channel abutting these lots, subject to the review and approval ofthe Planning Division. 30. The applicant shall disclose to future homebuyers within this development that a fire station may be constructed on the southwest corner of Mantelli Drive and Zinnia Street. 31. The applicant shall disclose to future homebuyers on lots 17, 19, 20, and 22 that an Emergency Vehicle Access will traverse lots 18 and 21. Further, these homeowners shall be notified that once Mantelli Drive is completed, homes will be constructed on lots 18 and 21. This condition shall be subject to review and approval by the Planning Division. 32. The developer shall place a statement in every sales agreement for homes in this subdivision that states the following: "The Gilroy Unified School District currently has a policy in place that utilizes "Magnet Schools" throughout Gilroy. .There is no guarantee that children will be able to attend schools in the immediate vicinity of their home." . Z 00-05, TM 00-03, A/S 00-18. 10 . 7/28/00 PLANNED UNIT DEVELOPMENT ANALYSIS: The applicant is requesting Planned Unit Development Architectural and Site review for approval of this project's overall design concept and the architectural design of the proposed homes. Following are the issues involved in this Planned Unit Development review: Set Back Exceptions All of the homes within this development will comply with City setback standards with the exception of the duette lots. The duette lots will contain attached homes and therefore will have a zero-foot setback on one of their side yards. All other setbacks on the duette lots will comply with City standards. Patio Structures In recent years, the City has approved several projects located within Planned Unit Developments. Although the homes constructed within these developments may comply with City setback requirements, often there is not enough room to construct patios attached to the homes in compliance with City standards. Staff wishes to encourage innovative designs, such as this development proposes, while simultaneously ensuring that future property owners can enjoy their rear yards. Therefore, Staff recommends that properties within this development which have rear yards of 20 feet or less be allowed to construct patios that encroach up to eight feet into the required rear yard setback. Staff further recommends that this setback exception apply only to open patios. Enclosed patios or room additions shall comply with standard City setbacks. Architectural Desim Cotswold, L.L.C. is proposing to construct four different models of homes on this site (three single family models and one duette model). All of the homes will have two or three-car garages and reverse floor plans. Following is an overview of the models: Plan One This single story model is proposed to be approximately 2,120 square feet in area. Architectural elements of this home include steep pitched roofs, decorative windows, and front porches. Plan Two This two-story model is proposed to be approximately 2,273 square feet in area. Architectural elements of this home include multi-level gable and shed roofs, enhanced front entries, decorative windows, and front porches. .Z 00-05, TM 00-03, AlS 00-18 . . 7/28/00 11 Plan Three This two-story model is proposed to be 2,582 square feet in area The rooflines are steeply pitched, and the architecture includes such elements as dormers, shutters, decorative louvers, and an open portico surrounding the front entry. Duette The two-story duette model has been designed to look like a large single family home. The architect has accomplished this by attaching two units with different floor plans (one unit is 1,458 square, and the other is 1,862 square feet) and placing the front entry of the larger unit facing the street, and the front entry of the smaller unit facing the side yard. Architectural features of the duette units include recessed garages, multi-level roofs, decorative windows, and enhanced entryways. The applicant has submitted an architectural design that far exceeds minimum standards. Fence Desim Lots 15, 19,20,42, and 45 have long side yards adjacent to Mantelli Drive that will be fenced. Long expanses of fence tend to create a stark visual appearance on a site and are targets for graffiti. The applicant has addressed the potential impacts of these fences by proposing decorative fencing along these lots (See attached Fence Exhibit). Staff also recommends that graffiti resistive landscaping, such as ivy, be planted in front of the fence. Landscapinl!: Planned Unit Developments are required to provide a higher standard of landscaping than is normally required under City code. Staff recommends that the applicant be required to landscape the front yards of each lot in this development to meet this requirement. Provision of Amenities The Planned Unit Development (PUD) Combining District Statement ofIntent (Zoning Ordinance section 26.10) requires projects within a PUD ". . . to promote unified planning and development, economical and efficient land use, a higher standard of amenities, appropriate and harmonious variety in physical development, creative design, and an upgrading of the urban environment." The applicant has proposed the following amenities to meet this requirement: . Provision of an under-represented home design (duette lots) . Provision of a fence design that exceeds City requirements . Provision of home designs that far exceed City requirements . Provision of front yard landscaping (recommended by Staff) Staff believes that. with the inclusion ,of the proposed amenities. this proiect meets the intent of the PUD ordinance. , Z 00-95, TM 00-03, AlS 00-1 f. FINDINGS: 12 . 7/28/00 In 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; C. Not require urban services beyond those which are currently available; D. Provide a harmonious, integrated plan which justifies exceptions, if such are required, to the normal requirements of this ordinance; E. Reflect an economical and efficient pattern ofland uses; 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 thatblend 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. Staff believes this Droiect complies with these reQuirements. STAFF RECOMMENDATION Staff recommends that the Planninl!: Commission forward a recommendation of APPROVAL to the City Council for this Planned Unit DeveloDment Architectural and Site review for the followim! reasons: A. This project conforms to the Gilroy General Plan in terms of general location and standards of development, as shown in the section of this report titled "Conformance of the Request with the General Plan"; B. The proposed development provides attractive homes, including 10 duettes, which fulfills a specific need in Gilroy; C. Urban Services are available at this site; D. The plan is harmonious and integrated; E. This proposed development is an economical and efficient use of this property; ..z 00-05, TM 00-03, AlS OO-IFe 13 . 7/28/00 F. The proposed landscaping plans exceed minimum City requirements; G. The proposed homes are attractive and will harmonize with other residential development in this area; H. All impacts from traffic congestion, noise, odor or other adverse effects will be mitigated to the extent feasible; and 1. Adequate access, parking, landscaping, trash areas and storage have been provided (as necessary). Staff further recommends that the approval of this application be subject to the following conditions: PLANNED UNIT DEVELOPMENT CONDITIONS 1. MITIGATION MEASURES #1 THROUGH #7. contained within the Negative Declaration for this project, shall be applied to project approval to reduce and/or eliminate all potential significant impacts to a level of insignificance, as required under California Environmental Quality Act (CEQA), subject to the review and approval of the Planning Division. 2. Approval of AJS 00-18 is subject to the applicant receiving approval of Zone Change application Z 00-05 and Tentative Map application TM 00-03. 3. Landscaping: The applicant shall landscape the front yards of each home. 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. This shall be subject to the review and approval of the Planning Division. 4. If the project's required soundwall is installed after completion of the Santa Teresa Boulevard Widening project, the applicant shall landscape the westerly side of the soundwall, subject to the review and approval of the Engineering and Planning Divisions, and the Community Services Department. 5. The applicant shall plant graffiti-resistive landscaping in front of the fences located adjacent to Mantelli Drive, subject to the review and approval of the Community Services Department and the Planning Division. 6. The developer shall be required to install street trees according to the Consolidated Landscaping Policy. The developer will be required to obtain a Street Tree Permit prior to installation of the trees. This shall be subject to the review and approval of the Community Services Division 7. 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. Respectfully, ~fJ~~~ Planning Division Manager' Z 00-05, TM 00-03, AlS 00-18. 14 . 7/28/00 8. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward from the site toward any residential use or public right-of-way. This is subject to the review and approval of the Planning Division. 9. Building colors shall be earth tones subject to the review and approval of the Planning Division. 10. Hydrant locations and water main sizing shall be subject to approval by the Building, Life, and Environmental Safety Division, prior to the issuance of any building permits. II. Street improvements and the design of all storm drainage, sewer, and water lines, and all street sections and widths shall be subject to the review and approval of the Engineering Division. 12. Street names shall be subject to the review and approval of the Community Development Department. 13. The Engineering Division shall assign street addresses. 14. Properties within this development which have rear yards of20 feet or less shall be allowed to construct patios that encroach up to eight feet into the required rear yard setback. rhis setback exception shall apply only to open patios. Enclosed patios or room additions shall comply with City setback standards. This condition shall be subject to the review and approval of the Planning Division. soolEl N3HO~ ~ HaNI1Haa BChLbd: B YVd SC:S1 anL 00/Zl/60 88/22/200B 12:52 4~~~4btl. u~IT ~r ~.~'UI ~ " Community Development Department Planning Division Negative Declaration City of Gilroy 7351 RoslimIa St Gilroy, CA 95020 (408) 848-0440 City File Nllrtlber: TM 99-10 Proiect DescriutloD Namc of Project: Cotnvold COIut SubdMlion (by Dividend Hilmes) Natufe of Project: Subdivision of 9.78 Ilcres into 12 single-family resid.cntiallots, and two ranainder plIrcels. Buildou.t of the proposed 12-lIXlit subdivision and future phases (totalling 33 units) would result in the construction of 4S total residential units with street, sidewaijc:, utility, sound wall, and other improvements on and off of the Site. Proiect Location Location: AssessOr's Parcel1/': Mantclli Drive (northeast comer at Santa Teresa Boulevard). 790-04-070 Entity or p~"o..(s) Undertllkh". Prolect Name: ' Address: Mr. Skip Spiering (% Dividend Homes, ltIc.) 275 Saratop AvCltue #105, SlI1ta Clara CA 95050 lDilia! Stu.dv An milial Study of this project was undmllk&;ti and prepS<E:d for the purpose of lIScertaining whethllt this project might have II significant effcoct On the environment. A copy of this study is on file at the City of Gilroy PIBll.l:1ini Division, 1351 Rosanna Street, Gilroy, CA 95020. Fintlln"'A & RellliollS The Initial Study identifiedpot~ntially significant effects on the en-nronmel1t. However, this project has been mitigated (see Mitigation MCOllBures below which avoid or mitigate the effects) to a point where IlO significant effects will occur. There is no substantial evidence the project may have Ii significant effect OIl the environment. The follOWing reasons will support these findings: , 0B/22/26116 12:152 46884684. ,~ " CITY OF GILR1JY ~ r~~ J..:J ".-'. Draft Negative Del:laration File: 'I'M 99-10 2 8/06/99 i. The proposal is a logical component of the' existing land use of this area. 2. Identified adverse impacts are proposed to be mitigated through preparation of special studies, as well as through GOllitruction of off- and an-site itoprovements. 3. The proposed project is cOllllistent with the adopted.goals and policies of the Gilroy General Plan. 4. The Initial Study was reviewed by City staff, and this Negative Declaration reflects the indepenclent judgement of the City of Gilroy. MitilZ2tion Mealures I. Permits issued foc the proposed project lIllCi project plans shall incorporate the following meas1U"es that sha.1l be implemented durlng construction. . Waier all active construction areas ai 'least twice daily. . Cover all tracks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. . Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parlcing areas and stRging areas lit construction sites. . Sweep daily (with water sweepers) all paved IWOesS roads, parking areas and staging areas at c01Ultruction sites. . Sweep SUllets daily (with water sweepers) jfvisible soil material is carried onto adjIWent public streets. . Hydroseec! or apply (lIOn-toxic) soil stabilizers to iiW;tive construction ar;as (previously graded arlla.!l inactive for ten days or more). Enclo~, cover, waier twice daily or apply (non-toxic) soil binders to Q;posed stockpiles (dirt, sand, ele.) . Limit traffic speeds on unpaved roads to 15 mph. Install sandbags or other erosion oontrol measures to prevent silt runoff to public roadways. . Replant vegetation in distUrbed Brellllli5 quicldy as possible. 2. The following language shall be included in any p=its issued for the project site, iDcluding, but not limited to building pllrmits for futuR: development, pursuant to review and appnlval of the Gilroy Planning DiVision: "If an:haealosical resources or b.un1.an remains are accidentally discovered during eonstructian. work shall be halted within so meters (150 feet) of the find until it can be evaluated. by a qualified professional archaeologist. If the find is detexmined to be significant, sppropriare mitigation measures shall be fotmvlatclCl and implemented. ' 3. The reconunc:ndatilons of the geotechnical investigation (Tcrraseareh, May 1999) shall be incolpol'lUed into the final building plllll5 and shall be reviewed artcl approved by the Gilroy Engineering Division prior to approval afthe building permit. ", 900~ N3HO~ ~ HaNI1Haa XVd SC:Sl aJ1L 00/Zl/60 40664604. - CITY OF GIlROV C~ t"'Hoc. .l."'t 08/22/2088 12:52 :5b. 6. 7. LOO~ Draft Negative Declaration File: TM 99-10 3 8/06/99 4. The project applicant shall submit a Notice ofIntent and plens to the Central Coast Regional Water Quality Control Board, and implement a Stann Water Pollution l'reveJ:ltion Plan that uses stann water "Best Management Practiees. to eOntrol runoff, erosion and sedimen.tation from the site. The applicant shall sllbmit plaIlll for reView and approval by the Santa Clara Valley Water District and the City. Sa. Construct sound walls lUld lltilize proper site layout deaign. to reduce exterior noise levels g~ated by t:raJlfic to comply with Doise level stalldard5 for residential outdoor use lIteas and the noise assesstllent by Illittgworth & Rodkin (August 1999). The height Itl,d length of these sOUlld walls shall be c1ctennmed tb.rcugh an w;:oustical analysis that accounts for future traffic conditions and final construction plans of the projeet sile roadways once specific design details are known. The applicant shall provide the detailed analysis of the necessary sound walls ' during the desigl1 phase of the project, prior to issuance of building pennits. Conduct a detailed acoustical8DBlysis for the first two rows of lets adjacent to Santa Teresa Boulevard and the Mantelli, Drive Extension to ensure that interior noise levels will be 4.5 dBA LcIn or less. The llU8lysis should identify and evaluate the needed noise insulation requirmlents to reduce interior noise levels to meet City standards based on the noise assessment by Illingworth & Rodlcln (August 1999). Possible noise insulation requi=nents would incl1.lde forced-air rnechmical ventilation, sound-rate windows, and/or special exterior building facade cOlUtruction features. The applieant shBl.! provide the detailed analysis of the necessary noise insulation requixemcnts during the design phase of the projec~, prior to issullllce of building pennits. Implement the following measures to mitigate the consttUc:tion noise impacts: . Construct sound walls prior to developing the project site. . Lin1it construction ""tivity to weekdays between 7 a.m. and 7 p.m. and Saturclays and Holidays between 9 a.m. and 7 p.m. with 11.0 COllStruction activity oD. Sundays. Use available noise suppression devices and properly maintain and mufflc loud construction equipment. . The residential dev.elopment shall WlcQumge alternative transportation use such as walking, bicycling and public trQnSit. "The project design shall include provisions fur sidewalks with curbside planting that connect to adjw;:cnt sidewalk systems and bus stop/tumouts that COIlIlect with local bus routes, as appropriate. Date Prepared: AU'ilus"t 6, 1 ~ 9 9 End of Review Period: September 6, 1999 Date Approved By City Council: October 18, 1999 ~~ Planning DivisiDn Manager NaHO) ~ HaNI1Haa XYd 9~:9, anL OO/~,/60 800~ NaHO~ ~ HaNI~Haa XVd 9C:Sl ffilL OO/~1/60 .[It1/L:i/Ll1t:1t::l ..Lot;;::;.:.:: ~t:ltlCl'+bt:l. ......I.ITur..;I.l..L...""......I. VI. DIVIDEND HOMES SUBDIVlSIONITM 99-10) MITIGATION MONITORING PROGRAM Introduction On January 1. 1989, the Califomla State legislature passed into law Assembly 81113180. This bill requires public agencies to adopt reportJng or monitoring programs when they approve projects subject 10 an environmentll! impact report or a negative declarlltion that includes mitigation measures to avoid si"gnilicant adverse environmental effeels. The reporting or monitoring program Is to be designed to ensure compliance with conditic;me of project approval during project implementation in order to avoid significant adVerse environmental effects, The law was passed in response to hlstoric,non-implementatlon 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 effectlvenes8 of the mitigation measures. A definitive of set project conditions would include enough detailed information and enforcament 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 projsC'l approval are implemented. Monitoring Program The basis for this monitoring program is the mitigation mi..liures included in this Initial study. These mitigation measures are designed to eliminate or rsduce significant adverBS environmental effects to lesl5othiln-slgnificant levels. These mitigation measure, become conditions of project approval, which the project proponent is required to complete prior to, during and after Implementation of the proposed project. The attached checklist is proposed far monitoring the implementation of the mitigation measures. Thi& monitoling checklist contains all appropriate mitigation measures In this initiallltudy. Moniklring Program Procedures It is required that the City of Gilroy uses the allachad monitoring checklist for the proposed project. The ~onitoring program should be implemented as follows: 1. The Gilllll~ Planning Director should be responsible for coordination of the monitoring program, including the monitoring checkli,,!. The Planning Director should be responsible for completing the monitoring checklist and distributing the checklist to the responsible individuals or agencies for thair use In the monitoring the mitigation meesures. I I I 2. Each responsible individual or agency will then be responllible for determining whether the mitigation measures contained in the monitOring checklist have belln compiled with. Once all mitigation measures have been complied with. the responsible indiVidual or agency should submit a copy of the monitOring clleckllst to the Planning Director to be placed in the project nle. If the mitigation measure has not baan complied with, the monitoring checklist should not be returned to the Planning Director. Dfn/8e DUlly & As.sodlItes. Inc. DM:/8nd Hames SulldMJJion Inlll8J StJJdy 29 ,'. , ElBl22/2aaa 12: 52 4aS846El4. 1....;11'1' Ut" 1:IJ,I.,..tC:UY!",.. 1.....-. .&...... 3. Prior to Issuance of an occupancy permit, the Planning Director should review the checklist to ensure that all mitigallon measures and additional conditions of pltljed aPflrovai inr;luded 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 haye been complied with. 4. If a n!!IpOnsible individual or agency determines that a non-eompliance has occurred, a written notlce should be delivered by certified mall to the project proponent within 10 days, with a copy to thi! Planning Olrector, describing the non<ompliancB and requiring compliance within a specific period of time. If a non-complianClI ,till exists at the expiration of the specified period of time, constNdion may be hailed and fines may be imposed. the discretion of the City of Gilroy. Denise Duffy & ASBDdRleS, lne. DivIdend Hcme~ SlIOdMsian Inf/IB/ Study 3D -, ., 600~ N3HO~ ~ HaNI1Haa XVd LC:~I aaL OO/ZI/60 ., J j . ~ 010~ 08/22/20e8 12:52 4e8B4b~. ~~IY ur ~~~~UT ~4IIl ,...,....... ..., Mitigation Monitoring Checklist Prior to issuance of Building Permit, the following mitigation measures Shall be implemented: IWlllpl.... NatUl1l of Mitigation ....... Partr M_.. ...,...,.,11118101' _",..lblG !Dr Numb8r lmpl...._n MClflllDl'InCl 1 Permits issued for t~e proposad project and projecl pi4rls shall DevelClper Gilroy inCClrpanrla,lhe followin; measures Ihtlt shall be implementeol dunn!1 Planning CClnalrucl:lon. DlviolCll\ . Water all aell... =n.\rudion araaa atle4st twice dally, . Cover all lnJeks hauling SCliI, aand, and other laClSe mate"al. or require ..U lruw 10 m..inlaln at least ,\Wo f8l!It of freeboard. . Paw, a~1y ......Ier three UIl18S daily, or apply (non-laldC) aoil s1abili...... on all unpaved ac:r:ecs roada, parJcjnll alllSS and staging _a al constnlcl:lan ait..., . SwMp daily (wilh waler sWlleJ>lnl all pavllll aa;esa roads, parkjng BllIas and staging areaS at aanstnJclion sites. . SwllllP ...eeIs daily (Wiln willer ~) If visible soil material Is carried C1m1l adja""",, publie atreeIB, . Hy<lra_ or apply (non.ICDle) soli stablll-. to inaell.... eonstruclion areas (prauioualy graded a....... inactive fOr Ian days or morvl, . Endose, cover, water tNl"" dally or apply (non-Imde) soil Dlnelers 10 exposed slo<:kplla& (dirt. sand. ele.) , . Umiltrllllic sp8lllis on unpaved road. to j5 mph. . Inslall sandbags or olher erosion C1on1rol m""sures 10 prevent silt runarr 10 public l"OA~ys. . Replant ~eglillaUQn In e1ls1UrbeCI areas 3S qUlellly as pQSIlible. 2 The following lang""98 shall be includeCI in any permits issUICI for DeVelOper Gilroy the projac:t *lIe. ineluding, but nolllmlle<l to building p"""i!$ ftlr Planning future develllpment, pursuant to revl.... and epproval of the Gilroy OMslQn Planning Division: 'If .",hallCllogical r..au"'''' or human rem a''''' are aeeidenllllly disc:tlvered dunng canlltrudian, WOIk 11I.11 be hailed within 50 meten; (150 fetil) of the find until il can be _lualeCI by . Quallfll!d prof_ional archaeologist. Iflhe find is delermlned to be significant. BppFallriale,miligallon m...su_ shall "" formulated and implemented: 3 TIle recommendations of tho geoleehnieal investigation (T8ITlISIlarch. OavelClpaF Gilroy May 19991 .hell be incorparaWd into the final building glan. and Building shall be reviawed anel aPDraved by tria GilroY Engineering Division DIvision prior ICI approval of the building permit. 4 The proieclappllcant .hall submii a Na~oe of Intent anel ptans to tile D_aper Gilroy Central CoW Regional Wa..r Quality COnlral E1osd, and Implemlll"lt Planning a St",," Wate< Pollution _nIIen Plan that UI.. storm wellIr 'BellI Dlvision Managememl Pracllc:llll' 10 eIlnlrol nmo". erosion and aedlmlllllalian tram lIIe Sile. Tha spplicanl snail submil plans ftJr rl!\l1.... snd sppl'OV1ll by Ihe Santo Clara Valley Wsler OlellCl Bnd Ihe City. Df1niS8 Dutry & AssaciliIes, Ine, DiVifJfJIId H011I8s suDrJlv/sloo Inilial $1Udy 31 N3HOJ ~ HaNI1H3Q XVd LC:S1 3aL 00/Zl/60 . ,J 1 ~ I I I I ~/22/2aa0 12:52 408846a. CITY OF GILROY ce . t"''"'~ J.I!I MItiOMlon Nalura of Mitlgslion PzI'IV PsIllI .'W.MSIlI1!l R..porwlll. far R..'....lbl. fr;:Ir Number hnp......lliIifon Monitarlng 6a Cons\lUd "ounawalls and utilize ~""per slle layoul design 10 reduce OMoper Gllray ...terior noise hovelS gllnarated by traffic to comply with llOise 1""",1 Fllllnning slar1d8rds lOr residential outdoor us. ar.llS and the nol.e as.....smetll Division by lIIingwo/llh & Rodl<in (Augusl1 SSB). The h.ght and lenol/l of Ih"". soundwalls 8hall be determined lh....ugh $II acoustical analysl. Ihal eCCDUntS fer f\lture tralllc conditions and final cClnltnJclion plans of the projecl site roadways onea .peclftc design aetoils are 1cn0WTl. The appllcanl shall provide Ihe detailed .nslyllis of the n_aIY lOundwaU. during lhe d"'gn pl\8se of the projecl, prior to i$Suence of bulh~lng perm its. ib Conduct a dlllailed ar:ou91lcal analysi. for the fint two ro.... allots OENelOper Gilroy adjacent to Sanla T ere... Eloul"".d and the Manlalll Dr",. E:dension ~.nnlng to ensure Ihat intarior noise IllII$ls will be ..c dBA Ldn or less. Tha' Oiviaion .nslysis should IdanlllY IInd ""alullle the needed nois.. inBUlatlon requlremePlt. to reduce interior noise Il!IIals to meet City standards b88ed on the noise assessm.nl by lIIinQWQrth & RocIkin (August 1eeS). Possibl. nDise insulst/on l1Iquln:ments would Include lOn:ed-air ml!lehanic:al' ~entllation, saunCl-rsle windows, and/or special ell1ertor building flcade CMlIiITUdIOll _lures. The appliCltnt shall prav/cle Ihe d.-Hed analysicl of the nl!C>lll&8l)' ncise insulation requirements durins the design phase of lh. project. prior III i.euance of building permilS. & Impleinllllt the following measures to m~isale tile l;Onstrutlllon noise Cevelop.... Gllrw impacts: eullding . Construct soundwalls pnor to developing !he project sile. Division . Limit conslruc\ion acll\llly to "''''''''days belw.., ('T a.m. and 7 p.m. and Sallllrdays & Holidays batween 9 a.m. and 7 p.m.) with no construcllDn activ'ly on Sundays. . USII avoilabls noI~ suppresalon dellic:es ana Jlroper1y maintain and muffle loud construction "'luipmBr1l. 7 The n!Illidemlal developmenl shall eI1ccu...ge allernativ. transportation DeveI"".. Gilroy us. .ucM as walkins, blcyetlns and public I7ans~. The project dMlgn Engin.-ing shall Induck! provisions for sid....a1k. willl QUrboiide pianUn!l thai Divloicn connect to adjacent .idewalk sYstems and bus stop/turnouts IMal connect wIIh local bus rOUlll8. as appropriate, DeIIJse Duffy & "'->cilltes, Inc. D/lIId8rId I-IomBs SubdMsicn InliBl Study 32 no lEI N3HO~ ~ H3NllH3a XYd LC:S1 3a~ 00/61/60 . . I, RHONDA PELLIN, City Clerk of the City of Gilroy, do heteby certify that the attached Resolution No, 2000-59 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 18th day of September, 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 4th day of October, 2000, (Seal) ~fi.- lerk of the City of Gilroy .