Resolution 2000-60
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RESOLUTION NO. 2000-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING AJS 00-18 (PUD), AN APPLICATION
FOR ARCHITECTURAL AND SITE APPROVAL OF A
PLANNED UNIT DEVELOPMENT (PUD) INVOLVING
APPROXIMATELY 9.78 ACRES, APN 790-04-070
WHEREAS, Cotswold LLC ("Applicant") submitted AJS 00-18, an application for
architectural and site approval of a planned unit development ("PUD") for an approximately
9.78 acre parcel located on the northeast comer of Santa Teresa Blvd. and Mantelli Drive; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), a Negative
Declaration was adopted by the City Council on October 18, 1999, along with a
MitigationIMonitoring program, which included this project in connection with tentative map
application TM 99-10; and
WHEREAS, the Planning Commission reviewed application AJS 00-18 at its duly
noticed public meeting on August 3, 2000, and recommended that the City Council approve
AlS 00-18; and
WHEREAS, the City Council held a duly noticed public meeting 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 AJS 00-18; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this project approval is based is the office of the
City Clerk.
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Resolution No. 2000-60
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NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council hereby adopts the following findings as required by Zoning
Ordinance section 50.55 based upon substantial evidence in the record:
I. The project conforms to the Gilroy General Plan III terms of general
location and standards of development.
2. The proposed development provides attractive homes, including 10
duettes, which fulfills a specific need of the surrounding area.
3. Urban services are available at this project site.
4. The project plan is harmonious and integrated.
5. The proposed development is an economical and efficient use of this
property.
6. The project landscaping plans exceed minimum City requirements.
7. The proposed homes are attractive and will harmonize with other
development in this area.
8. All impacts from traffic congestion, noise, or other adverse effects will be
mitigated to the extent feasible.
9. The project provides adequate access, parking, landscaping, trash areas
and storage.
B. The City Council hereby finds:
1. The project will not be detrimental to public welfare or IllJunous to
persons or property in the vicinity.
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Resolution No. 2000-60
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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. AJS 00-18 should be and hereby is approved subject to:
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01-082904706002
1. The fourteen (14) conditions set forth in the Staff Report dated July 28,
2000, attached hereto as Exhibit A and incorporated herein by this reference, with
revisions to Condition 3 and Condition 5 and one additional condition. The
revised Condition 3, Condition 5, and one additional condition shall read in their
entirety as follows:
Condition 3. Landscaping: The applicant shall landscape the front yards of each
home. At least one tree shall be planted on each lot. 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.
Condition 5. The applicant shall plant graffiti-resistive landscaping in front of
the fences located adjacent to Mantelli Drive and the south side of Zinnia Street,
subject to the review and approval of the Community Services Department and
the Planning Division.
Condition 15. The soundwall design shall comply with the soundwall provisions
of the City of Gilroy Consolidated Landscaping Policy, as amended and adopted
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Resolution No. 2000-60
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in October 1999. This shall be subject to the review.and approval of the Planning
Division.
2. The mitigation measures set forth in the Negative Declaration and the
MitigationIMonitoring Program, which Negative Declaration is 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. 2000-13 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:
AYES:
COUNCILMEMBERS:
G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, SUDOL,
VELASCO, SPRINGER
NONE
NOES:
COUNCILMEMBERS
ABSENT:
COUNCILMEMBERS
NONE
APPROVED:
---;?h~,^"" vU/ 7/
Thomas W. Springer, Mayor
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('.<_~AQ~~
Rhonda Pellin, City Clerk
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Resolution No. 2000-60
July 28, 2000
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Community Development Department
Planning Division
Staff Report
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FILE NUMBERS: Z 00-05, TM 00-03, AlS 00-18
APPLICANT: Cotswold L.L.c. (do Skip Spiering)
LOCATION: Northeast comer 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 ChaDl!:e request to rezone a 9.7&!: acre parcel from Rl tc Rl, .PUD
Staff recommends aporoval of this request
TM 00-03 Tentative Map request to subdivide a 9.78:!: acre parcel into 33 lots.
Staff recommends aooroval of this request with 32 conditions
AlS 00-18
Planned Unit Development review of a 33-10t single-family subdivision
Staff recommends aoproval of this reauest 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
cxhibi+- ~
.z QO-05, TM 00-03, AlS 00-1.
STATUS OF PROPERTY:
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Existing Land Use
Undeveloped
General Plan Desimation
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 BlvdJS. F. Homes
General Plan Desimation
PF, Low Density Residential
Low Density Residential
Med., Low Density Residential
Low Density Residential
Zoning
RIIR3-PUD
Rl
RIIR3-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 Desim (Section II):
Policy 3: "Urban Development will only occur within the incorporated portion of the Plar!ning
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 00-05, ~ 00-03, AlS 00-1.
RDO BACKGROUND:
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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.
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. Z 00-05, TM 00-03, AlS 00-1.
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ZONE CHANGE ANALYSIS:
The applicant requests Zone Change approval to rezone this 9.78:1: acre site from Rl (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 9.78:1: acre site, including the 1.72:1: acre portion that was subdivided under Tentative
Map application TM 99-10.
The Planned Unit Development Combining District Statement of Intent (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 findings. 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 Aooroval of this
reauest to the City Council. The followinl!: findinl!:S SUDPort 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.
,.Zoo-05, TM 00-03, AlS 00-1.
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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 Tvnes
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 6,00O:t: square feet to 7,82O:t:
square feet.
Duette Lots
The applicant proposes 10 duette lots (lots that will contained attached, independently owned homes) ranging
in size from 3,700:t0 square feet to 6,840:t0 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.]
City Fire Station
10 :he 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.
COlswold, 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 OflOls one (I) 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 0?-05, TM 00-03, AlS 00-18j
Streets
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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 ofMantelli 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 Approval 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 followml! conditions be Placed 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.
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.
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2. Approval ofTM 00-03 is subject to the applicant receiving approval of Zone Change application
Z 00-05.
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.
11. 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.
This shall be subject to review and approval by the Engineering Division.
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.Z 00-05, TM 00-03, AlS 00-1. 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 Council, 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.
"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, AlS 00-1_ 9 . 7/28/00
23. All ret3ining 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 oflots 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 am. 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 of the
Planning Division.
30. The applicant shall disclose to future homebuyers within this development that a fire station may be
constructed on the southwest comer ofMantelli 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:
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" Z 00-05, TM 00-03, AlS 00-1_
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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 Excentions
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 Desil!ll
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.
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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 Desil!:Il
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.
LandscaDinl!:
Planned Unit Developments are required to provide a higher standard oflandscaping 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 of Intent (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 DroDOsed amenities. this Droiect ineets the intent of the
PUD ordinance.
. .z 00-05,TM 00-03, AlS 00-1.
FINDINGS:
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In order to approve a Planned Unit Development, Zoning Ordinance Section 50.55 requires the Planning
Commission and City Council to fmd that the proposed Planned Unit Development will:
A. Conform to the Gilroy General Plan in terms of general location and standards of development;
B. Provide the type of development which will fill a specific need of the surrounding area; .
C. Not require urban services beyond those which are currently available;
D. Provide a harmonious, integrated plan which justifies exceptions, if such are required, to the normal
requirements of this ordinance;
E. Reflect an economical and efficient pattern 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 that blend with the
character of surrounding areas;
H. Not create traffic congestion, noise, odor or other adverse effects on surrounding areas; and
1. Provide adequate access, parking, landscaping, trash areas and storage, as necessary.
Staff believes this Droiect comDlies with these reauirements.
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 folIowinl!
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;
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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 AlS 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.
I
Respectfully,
J~ S~~ ~~
William Faus r '
Planning Division Manager'
.Z00-05, TMOO-03, AJS 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.
11. 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. This 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.
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Community Development Department
Planning Division
Negative Declaration City of Gilroy
7351 Rosanna St.
Oilioy, CA 95020
(4()8) 848-0440
City File NUlbber: TM 99-10
Proiect DescriDtloD
Name ofProjeet:
Cotnvold COQrt Subdivision (by Dividelld Hamel)
Nature of Project:
Subdivision of 9.78 aeres into 12 single-family resi<1=tttial lots, and two
remainder plltce!s. Buildout of the JltDposed. 12-unit subdivision and future
pbases (totalling 33 units) would re$l.llt m. the co:nstruction of 45 total
residential units with street, sidewalk, utility, soUlld wall, and other
improvements on and off af the site.
Proled Loeation
Location:
Assessor's Parce!1f:
Mantelli Drive (northeast comer at Santa Teresa Boulevard). '
790-04-070
EDti~orPenun~)UD~a~neProiKt
Name: .
Address:
Mr. Skip Spieri1!g (% Dividel:ld Homes, Inc.)
275 SaI1iltoga Avenue #105, Santa Clara CA 95050
lDitial Studv
An. Initial Study of this project was undertaken and prcpaied for the putpose of ascertaining whether this
project !nigbt have a significant effect on tbe envirolW1cut. A copy of this study is on file at the City of
Gilroy P!ann.ing Division, 7351 Rosanna Street, Oilrtly, CA 95020.
Flrulinlls &: Reasoll8
Tbe Initial StUdy identified potentially significant effects on the environment. However, this project has
been mitigated (see MitigatiQn Measures below which avoid or mitigate the effects) to a point where D.()
significmt effects will OCO\ll". There is lI.O substantial evidence the project may have a significmt effect 011
the CllVirOJUnllnt. The following reasons will support these findings:
9TO~
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Dtaft Negative Declaration
File: TM 99-10
2
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L The proposal is a logical component of the existing land Wle of this area.
2. Identified adverse impacts are proposedlo be mitigated through. preparation of special studies, as
well as through lloIllltruction of off. and on-site improvements.
3. The proposed projelWl is coIlllistem with the adopted goals and policics of the Gilroy General Plan.
4. The Initial Study was reviewed by City staff, and this Negative DecJ.aration reflects the independent
judgement of th~ City of Gilroy.
Mitillll.t10D Measures
1.
Permits issued foe the proposed proj/lCt and project plans shall incorporate the following
measures that shall be implc:m.eDtcd during construction.
. W lI1er all 'lIlWtive cOIllltruction areas at 'Jeast twice daily.
. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to
maintain 111 least two feet of freeboard.
Pav", apply water thre" times daily, or apply (non-toxic) soil stabilizers on all. unpavecl
ac~ess roads, pa.rlcing arclII and. staging areas 111 construction sites.
Sweep daily (with water sweepers) all paved aCCess roads, parlcing areas and staging
areas at cOILStruction sites.
Sweep streets daily (with water swecpen) ifvisiblll soil material is carried onto adjacent
publil: strElets.
Hydroscedor apply (non-toxic) soil stshilizm to inactive COIllltruction areas (previo\1$ly
graded areas inactive for ten days or more).
Enclose, ~over, water twilW' daily or apply (non-tolci~) soil binders to exposed stoclcpiles
(dirt, sand, etC.)
Limit lraffi.~ speecls on unpaved roads to 15 mph.
Install sandbags or olller erosion control mellB\n"es to prevent silt runoff to pubU~
roadways.
Replant vegetation in disturbed areas as quickly lIS possible.
.
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.
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2.
The: following language shall bc included in any permits issued for the projecl site, including,
but not limited to building pel'lnits for future development, pursuant to review and approval of
the Gilroy PlanniIlg Division:
"If 8I1lhaeologicsl resources or human remains lite accidentaUy dlscovend during
construdian. work shall bc halted within 50 meters (ISO fel:t) of the find until it can be
evaluated by a qualified professional arohaeologist. If the find is detllrll1ined to be
siglrificant, appropriate mitigation measures shol1 be formulated and implementeli ·
3.
The rClWommendations of the geotecbnilWsl investigation (T C1rllSelltch, May 1999) shalI be:
incOIl'oratcd into the fuW. building plans and shall be reviewed and approved by the Gilroy
Ez:Igineering Division prior to approval of the building permit.
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Draft Nllgative Declaration
File: TM 99-10
3
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The project appllicant shal1 submit a Notice ofIntcnt and plans to the Central Coast RcgioDll1
Water Quality Control BOllrd, and implement a Storm Water Pollution Prevention Plan that
uses storm wateF "B",st Management Practices" to control nmo~ erosion ami edimentation
from the site. The: applicant shall submitplans for review and approval by the SlUlta Clara
Valley Water District and the City.
Sa.
Con!!trUct sOlll1d walls and utilize proper site layout design to reduce exterior noielevels
generated by tmmc to comply with noise level standards for residc:Dtial outdoor use /lJ:C8S and
the noise assessDb,ent by TIlingworth & Rodkin (August 1999). Tho height and length of these
BOund walls shaH be determined through an acoustical analysis that accounts fo;r iUtufe traffic
conditions and final construction plans of the project site roadways once specific clcsign details
are known. The llpplical1t shall provide the detaile4 snalysis of the necessaoy sOlmd walls
during the design phase of the project, prior to issUilllce ofhuilding pennits.
Conduct a detailed acoustical analysis for the first two rows oflots adjacent to Santa Teresa
Soulevard and the ManLelli Drive Extension to ensure that interior Dois<;: levels will be 45 dBA
Ldn or less. The /lIlalysis should identify and evaluate the needed noise insulation requirements
to reduce interior noise levels to meet City standards based on the noise lIIlsessment by
Illingworth & Rodkln (August 1999). Possible noise insulation requirements would include
~ed.air mechanical ventilation. sound-rate windows, and/or special exterior building facade
coestruction features. The applicant shall provide the detailed analysis of the necessary noise
insuJ.ation requiJ:ements during the design phase of the project, prior to issuance of building
permits.
Implement the following measures to mitigate the I;Qnstruction Doise impacts:
. Construct AOund walls prior to developing the project site.
. Limit construction activity to weekdays between 7 a.m. and 7 p.m. and Saturdays and
:Holidays between 9 a.m. and 7 p.m. with no cOI1lltruction activity on Sundays.
Use available noise suppression devices and properly maintain and muffle loud
constructiDl1 equipment.
.
The residential development shall encourage aIter.native transportation use such as wa1kin&
bicycling and public trlWSit. The project design shall inelude provisions for sidewalks with
cutbsidl: planting that connect to adj=t sidewalk systems and bus stop/tumouts that connect
with local bus routes, as appropriale.
DmeP~p~cd:Auqust 6, 1999
End of Review Period: September 6,1999
Dille Approved By 'City Council: Oetober 18,1999
~#
Planning Division Managcr
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VI. DIVIOEND HOMES SUBOMSIONITM 99-10) MITIGATION MONITOIUNG PROGRAM
Introduction
On Januar,' 1, 1989, tne Califomia Stale Legislature passed into law Assembly 611I3180. This bill
requinls publle agencies to adopt reporting or monitoring programs when tney ap~rove projects
subject to an !Snvironmental im~act report or a negative declaration that includes mitigation
measures to avoid significant adVerse environmental effects. The reporting or monitoring program
is to be designed to ensure compliance with conditions of project approval during project
implementation in order to avoid significant adverse environmental effects.
Tne law was passed in respon,,!S to historic.nen-implementation of mitigation measures presented
,in environmental documents and sub&equently adopted liS conditions of projllct approval. In
addition, monitoring ensureS tnat mitigation measures are implemented and thereby provides a
mechanism to evaluate the !Sf/ectivenass of the mitigation measures.
P. definitive of set project conditiQns would include enough detailed information and enforcement
proc:;edures to ensure the measure'!l compliance. This monitoring, prOgram is designed to provide
a mectlanism to ensure that mitigation measures and slJbsequent conditions of projed approval
are implemented.
Monlb:lring Program
The basis for this monitoring program is the mitigation measures included in thill initiel atudy.
These mitigation measures are designed to eliminate or reduce significant adverse environmental
effects to less-than-slgnlflcantlevels. These mitigation measureS become conditions of project
approval, which the project proponent is required to complete prior to, during and aflar
implementation of the proposed project.
The attached checklist is proposed fOr monitoring the implementation of tne mitigation measures.
This monitoring checkli&t conte'ns all appropriate mitigation meaSUres in this initial study.
Monitoring Program Procedures
It is required that the City of Gilroy uses the atlached monitoring cheCklist for the proposed project.
The !"onitoring program should be implemented as follows:
1. The GilrGlY Planning Director should be responsible for coordination of the monitoring
program, including the monitoring checklist. The Planning Director shoUld be
responsible for completing the monitoring checldi&t and distributing the checklist to the
responaible individuals or agencies for their use in the monitoring !tIe mitigation
measures.
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2. Each Illl!5pon5ible Individual or agency willlhen be reaponsible for determining whether
the mitigation meaSUrell contained in the monitoring checklist have been complied with.
Once all mitigation measures have been complied with. the respot1sible indlvidualllr
agency should submit a ClIPY of the monitoring checklist to the Planning Director to be
placed in the project nle. If the mitigation measLlre has not been complied with, the
monitoring checkli&t should not bEl retumed to the Planning Director.
Dell'- Duffy & A58ClC1l1res. Inc.
DNaenrJ Hmnes Su/xlMsio/l /nilJal Study
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3. Prior ta IHuance af an accupancy permit, the Planning Director should review the
checklist to ensure that all mitigation measures and additional conditions af project
approva~ induded In the monitoring checklist have been wmplled with. An occupancy
permit should not be issued until all mitigstion measures and additional coridltions of
project approval Included In the manitaring Checklist have been complied with.
4. If s respansible individual or agency determines that a non-campliance has occurred,
a written notice should be delivered by certified mail to the plOject proponent witnin 10
days, with II copy ta the Planning Direotor, describing the non-comllllance and
requiring complianc::e within II specifio period of time. If a non-compliance $lill exists
at the eXl:Hration of the specified period of time, canstnJction may be halted and fines
may be impQssd a the dllcretiQn of the City of Gilroy.
DenIBs Duffy & ............1l1s, Inr:,
0Md8lld H<>t1181S SubdMsir>n Inlial SIUdy
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MitigatiOn Monitoring ChBCklist
, . Prior to iSBlJsnce of Building Permit, the following mitigation meaSUI'I'iIS shall be implemented:
Mldgftan Nature of Mltlg.lion ""IIY Il8I\y I
M_'" ~b1.lor RBpoIIslbkt filiI'
Mum.' Imp__" Mo"ttDrtng
1 F'ermn. issued Illr lhe'proposed pr"i.a. and project plan. shall Deltllloper Gilroy
incorpDl'QIath.Illllawing m""sur8llIn81shall be implemented during Planning
construction. Division
. Waler all actlvlI o:onstruclion areas allaat twice daily.
. Co_ all Wells nauling soil, sand, and olner loale mGlerlals or
requlrellll trucks to mair1lllln .lleB.1 twrJ felOl of freeboard.
. Paw, apply waler Ih....llm.. daily, or apply (no....tQl(ie) soil
stabilizellS an all unpaved .CCI2S$ roads, parking areas and
staging .__ al construction .ites.
, SWB8P daily (Wllh ....Iat sweepers) all pavlld aa:ess roads,
parking ~r"a end otaging areaa at construction "ilea.
. Sweep meets daily (Willl_er ...,"",,,"") if viBlble soil maleriai is
CSlTied oma adjeClll1l public streets.
. Hydrasoed or apply (noMeld") ...lIlllablll%ers 10 inactllll!
construclion eree. (preuiously graded areas inaclive for !en dAys
or more).
, Enclose, cover, Willer twice dally or apply (nan-toxic) soli bind"",
10 BZp<lsed st"ckpllu (dlrt sand. ete.)
. Umillralflc spllllds on unpaved l'OIIlIalo 1S mph.
. Install sandbags or other .r",,1on control measures 10 ~r"vant .i1t
runoff 10 public _llWays.
- Replanl vegl!l!atlon In dislurbed areas as quickly as possible.
1- The following I."guage shall be includt!d In any permils issued for Developer Gilroy
lh. project illle. including, but oolllmlled to building p.nnilll Illr Planning
future d~pm,,"l, pursuant to revI.... ond eppl'llWlll of the Gilroy DMsicn
Planning DIYlllion:
"If archaealosical ,soure"" or human remllins sre aeddentally
discovered during construdion. WQrj( snail be halted within 60 meters
(150 feet) of the find until il can be evalualedlly a qUllllftad
professional arcnaeologlst. If the find ia d_mlned to be significanl,
.pproprl....,mltigalion ""811SU"",, shall b. fonnulaled and
implemented:
J The recommendations of \he geotedlnlosl investigation (reMSI!lIren. DlIVllloper Gilroy
May 1999) $hall be InCl:lf]:lOnlIed Into Ihe final building plans .nd 6Ulldlng
shall Qe rllYiewed and approved by In. Gilroy Engineering Divi.ion OIvisicn
prior 10 approval of the building PerITI".
4 The project ,applicant shall submli a Notice gf Inlent and plan510 the Develop" Gilroy
Central Coast Reglonlll water Quality Conltol Boael. and Implement Planning
a Storm W....r Pollution P......nUon PIIlr\ thai u.... storm waW 'SIl8I Division
Man.gem8ll1 Pracli"",,' to conlrvl runoff. erosion and &edimenlalion
from the sile.. The applicanl snail submtl plans far ",vi... and
approvallly tna Sama Clara Valley W_ OIsIrld and the Clly.
Denise Duffy & AssocIfl8s. Inc.
0MI1erId Homes Subdivision (nIJBJ S/tJdY
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,1I11l~... Nature of Mitigation /'3I'ly PI'"
"\11- I\epolllllblo fGr R_lbl.for
Nl.IITIlNlr Imp__n "'onllorl"ll
5a Canlwet saundIYall. and utillza proper ,"e layaut deIllgn to reduce DewelOptlf Gilroy
eneriar no;s.. levels g_l'lIled by trJlffic to comply with noies I""", Planning
standard!'. fbr residanUal outdaor Use arl!ll.!l and tha l1CIisa a......oment DIIIisi....
by Illingwol'lh & Radllin (August 1999). The height "nd langth of Ihese
SOlJndwalls shall be determinecll~rough an acousucal snalysis thill
acccunts fI>l Mura traffic condltians and flnal CQnslNcUan plans af the
project site roaOways once specific design details are known. The
applicant shall prOvida the dlllailed analyBI. af the necessary
sounltoNalls during tha design phase of the project. prior to Issuance of
building perm It:;.
fb Canduct a dBlalled acoustiCllI analysi$ for the firstlWa row. of lOts DevelOp'" Gilroy
adjacent to Santa Taresa Boulevard Bnd the Mantelli Drive Exle<Ialan Plann;ng
la ensura that inle.ior noise I.... will b;l '16 dB" Ldn ar leas. The' ~ivision
analysis shauld Identify and evaluata lite "lIrKIed nol.1 'nsulaaon
requlrem_ 10 reduce Interior nolle 1M. to ml:8l City Sl.lIIndards
Da8ed on the l1Qloa lllIlll!S6lllanl by 1IIin!lWllrth & Radkin (Al.lgust 1999).
Po.sible MI,lsa IMu'aaon ",<!uiremanis would 'nelude ron:a4-alr
ml!C~.niClli' ventilation, sound-rata windows, andlar spedal aterlor
bUlkllng facade CDnslrudlCln 'wlures. The aDpllc:ant shail p(ovide the
detailad aMIySia of the n........ry noil. insulation requl....,en15 during
the design phase of t~e project. prlor to i..uancs of building permits.
6 Implement t~e following mea.ure. \Q ,"Rlgale the conatrudian noioe Developer Gilroy
impacts: Building
. Conslrudt ooundwails prior 10 developing Ine project .n.. Divllllon
. Limn construelion ac:tMty to ",....kcIsys ~elween (71.m. and 7 p.m.
Ind SalwrdaYI '" Holidays j)&lween 9 a.m. end 7 p.m.) with no
C<lnslrul;llon aelivlty on SUndBYS.
. u... available ",:..a &UPp~ion d8\lJ_ and proporly maintain and
muflla louel c:tJnslruClion lIQUlpment.
7 'The .....dentiai devalopmenl shill enCQurage al\emllllll8lransportllllon DeIIeI""er Gilroy
Ule such a. walking, bicycling Ind public lnlnslt. The prajQGt design Engineering
s~all Inelud.. pmvisiClnl for sidew$1ke with curbside plenllog that OM"ian
eannecl to edjlll;enl .id....alk "Yelem. and bus s1opltumouts that
connect with local bus rouI_, ElS appropriate.
Oe~ /Jclffy & Asoods/es, I"".
Dividend Homas SullclMslon IIIiIiaI SlUdy
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2000-60 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,
~~~~.
City lerk of the City of Gilroy
(Seal)