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Resolution 2000-62 . . RESOLUTION NO. 2000-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 99-05, A TENTATIVE MAP TO CREATE NINE SINGLE-FAMILY LOTS ON APPROXIMATELY 1.68 ACRES LOCATED AT THE SOUTHEAST CORNER OF LEWIS STREET AND ROGERS LANE, APN 841-07-035. WHEREAS, Alfonso Almeida ("Applicant") submitted TM 99-05, requesting a Tentative Map to subdivide a 1.68-acre lot into nine (9) single-family lots; and WHEREAS, the property affected by TM 99-05 is located at the southeast comer of Lewis Street and Rogers Lane; and WHEREAS, the Planning Commission held a duly noticed public hearing on August 3, 2000, following which it considered the record before it on this project and voted to recommend adoption of the mitigated Negative Declaration and approval of TM 99-05 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 Revised Staff Report dated July 21,2000, and all other documentation related to application TM 99-05; and WHEREAS, following the public hearing, the City Council, pursuant to the California Environmental Quality Act ("CEQA"), adopted the mitigated Negative Declaration for this project, along with a Mitigation/Monitoring program, finding it was completed in compliance with CEQA, the Negative Declaration reflects the independent judgment of the City, and there is no substantial evidence that the project will have a significant effect on the environment; and IGMB1490087,3 02-091204706002 -1- Resolution No. 2000-62 . . WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this project approval is based is the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT A. The City Council finds as follows: 1. 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 requiring 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 99-05 should be and hereby is approved, subject to: 1. The twenty-seven (27) conditions identified in the Revised Staff Report for the project dated July 21, 2000, attached hereto as Exhibit B, with a modified Condition 18, which shall read in its entirety as follows: Condition 18. No final map shall be approved and no building permit shall be issued in connection with this project if, at the time of the approval of the final map or issuance of the building permit there is an insufficient number of residential units previously allocated as units exempt from the Residential Development Ordinance available to meet the required number of units for the IGMB\4900873 02-D91204706002 -2- Resolution No. 2000-62 . . project; and/or, the owner or developer has not obtained an exemption from the City's Residential Development Ordinance pursuant to the City's Zoning Code Section 50.60 et seq. 2. The eleven (11) mitigation measures set forth in the Negative Declaration and the MitigationIMonitoring Program, all attached hereto as Exhibit C and incorporated herein by this reference. 3. This approval becomes effective if and only if, and on the same date that, Ordinance No. 2000-12 becomes effective. Otherwise, this approval is null and void without any action by the City. PASSED AND ADOPTED this 18th of September, 2000 by the following vote: AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO, SUDOL, SPRINGER NOES: COUNClLMEMBERS: VELASCO ABSENT: COUNCILMEMBERS: NONE APPROVED: ~ GJ Thomas W. Springer, Mayor ATTEST: /; , /-) ~~~~A~' Rhonda Pellin, City Clerk \GMB\490087,3 02-091204706002 -3- Resolution No. 2000-62 '. - . Community Development Department Planning Division Staff Report July 20, 2000 FILE NUMBERS: Z 00-02, TM 99-05, AlS 00-12 -REVISED STAFF REPORT APPLICANT: Alfonso Almeida LOCATION: Southeast comer of Lewis Street and Rogers Lane DESCRIPTION: Zone Change, Tentative Map, and Planned Unit Development Approval for a residential subdivision STAFF PLANNER: Melissa Durkin REOUESTED ACTIONS: Z 00-06 Zone Chanl!:e request to rezone a 1.68ol: acre parcel from RIIR2 to RIIR2-PUD Staff recommends aooroval of this reQuest TM 99-05 Tentative Map request to subdivide a 1.68-acre parcel into nine lots. Staff recommends aooroval of this request with 27 conditions AlS 00-22 Planned Unit DeveloDment review of a multi-family subdivision Staff recommends aooroval of this reQuest with 26 conditions DESCRIPTION OF PROPERTY: Parcel No.: 841-07-035 Parcel Size: 1.68 acres Flood Zone: "X" Panel # 060340 0002 D, 8/17/98 t:)\hi b',-\- ~ ,~ Z 00-02. TM 99-05. AJS 00-12 . Revised Staff Report ~ . 07/21/00 STATUS OF PROPERTY: Existin g Land Use Single-Family Dwellings Undeveloped Residential Parcel General Plan Designation Residential Low Density Residential Low Density Zoning Rl RZ STATUS OF SURROUNDING PROPERTY: Existing Land Use General Plan Designation N: San Y sidro Park ParklPublic Facility S: Apartments Residential Medium Density E: Water District Channel/Freewav ParklPublic Facility _ W: Single-Familv Dwelling Residential Low Density Undeveloped Residential Parcel Residential Low Density PF Zoning R3 N/A Rl RZ-PUD CONFORMANCE OF REOUEST WITH GENERAL PLAN: The proposed project conforms to the land use designation for the property on the General Plan map, and is consistent with the intent of the text of the General Plan document. In addition, this project conforms to ,the policies of Gilroy's General Plan. The following examples demonstrate this compliance: Urban Development and Community Desil!l1 (Section II): Policy 3: "Urban Development will only occur within the incorporated portion of the Planning Area. Land will therefore be annexed to the City before final development approval is given." The proposed project is in conformance with this policy, because this land has been within City limits for many years. Policy 4: "The City will phase development in an orderly. contiguous manner in order to maintain a compact development pattern to avoid premature investment for the extension of public facilities and services. New urban development will occur in areas where municipal services are available and capacity exists prior to the approval of development in areas which would require major new facility expansion. " The proposed project is in conformance with this policy, because this property is adjacent to developed residential property, and municipal services are currently being extended to this site. ENVIRONMENTAL IMPACTS: NEGATIVE DECLARATION An Expanded Initial Study was prepared for the proposed project in March 2000. 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 (dated 4/05100) with 11 mitigation measures, and a Mitigation Monitoring Program have been prepared and circulated for a 2 I-day period. There is no substantial evidence that the proposed project may have a significant effect on the environment. Z 00-02. TM 99-05. NS 00-12 . Revised Staff Report J. - . 07/21/00 RDO BACKGROUND: This project is exempt from the Residential Development competition by Zoning Ordinance section 50.62 (b) (I). This section provides an exemption for twelve units constructed over a three-year period, with no more than 6 units allowed to be constructed each year. PROJECT CHARACTERISTICS: The development is located within an existing residential neighborhood at the southeast comer of Lewis Street and Rogers Lane. The property is bordered by a water district channel and Highway 101 to the east, a single-family dwelling and an undeveloped parcel to the west, a public park to the north, and apartments to the south. The project site is currently developed with three (3) single-family dwellings, all situated along the north property boundary. Roger's Lane and Lewis Street will provide access to this site. ' PREVIOUS ACTION/COMMUNITY MEETING: This project was originally presented to the Planning Commission at their June I, 2000 meeting. At that meeting, the Planning Commission voted 4-2-1 to adopt the Negative Declaration and 6-0-1 to continue this project to the August 3, 2000 Planning Commission meeting. The purpose of this continuance was to allow the applicant an opportunity to meet with neighboring residents to address concerns about this project. The applicant held a neighborhood meeting on June 26, 2000. At that meeting, residents living near the Almeida site raised the following concerns regarding this project: tilt A high volume of traffic travels through the neighborhood. and it travels too auicklv tilt Manv cars consistentlv Dark illegallv in this neighborhood tilt Neighborhood streets are not well lit tilt Neighbors are concerned that this orooertv will not be adeauatelv maintained after it is develooed The following measures are orooosed to address the neighbors' concerns: fii fii fii fii fii fii fii fii Engineering staff will take traffic counts in this area to determine the speed of vehicles traveling on neighborhood streets. This information will be given to the oolice Deoartment for enforcement ourooses. Warning signs advising motorists to slow for the Lewis Street to Roger's Lane curve will be installed Pending City Council aooroval. an all-wav stoo will be installed at the Roger's Lane/Hoover Court intersection The Police Deoartment has been notified about illegal oarking in this area Parking will be orohibited next to the orivate street entrances A street light will be olaced near the orivate street entrances Stoo signs will be recuired on both orivate streets The City's Neighborhood Services staff is active in this area. This Staffwill work with the orooertv owners and neighbors to ensure these orooerties are maintained to adeauate standards. Staff believes that these measures address the neighbors' concerns. ,- '200-02. ,TM 99-05. NS 00-12. Revised Staff Report 1 . 07/21/00 ZONE CHANGE ANALYSIS: The applicant requests Zone Change approval to rezone this irregularly shaped 1.68-acre parcel from RIIR2 (Single FamilylTwo Family Residential) to RIIR2-PUD (Single FamilylTwo 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 two (2) private streets on this site, provide reduced building setbacks, and construct a soundwall that is not is strict conformance with noise attenuation standards. 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. The proposed Zone Change request is substantially consistent with the intent of the City's General Plan text and Zoning Ordinance. In addition, the existence of three homes on this site and its irregular shape cause the site to be difficult to develop to normal City standards. The flexibility allowed by the PUD will enable the applicant to use creativity in designing a project on this site. STAFF RECOMMENDATION: Staff recommends the Plannin1! Commission forward a recommendation of Aooroval of this request to the City Council. The followinl!: findinl!: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 oo-O~. TM 99-05. NS 00-12. Revised Staff Report ~ . 07/21100 TENTATIVE MAP ANALYSIS: The applicant requests Tentative Map approval to subdivide this 1.68-acre parcel into nine lots - three single family lots, four duplex lots, and two private streets - on property proposed to be zoned RI/R2-PUD (Single FamilylTwo Family Residential- Planned Unit Development). [See Zone Change analysis]. Following is an analysis of the Tentative Map considerations for this project. LOT TYPES If approved, this Tentative Map would create seven (7) residential lots in two (2) configurations: Single-Family Residentiol Lots Approval of this Tentative Map will create legal, conforming lots for each of the site's three existing dwellings. These proposed lots range from 6,031 square feet to 6,215 square feet, and comply with Rl standards for minimum lot sizes, and side and rear yard building setbacks. The front yard setbacks for these homes range from 13 to 15 feet. Two-family (Duplex) Lots FOUl duplex lots are proposed within the southern two thirds of the project site. These lots range in size from 9,666 square feet to 10,866 square feet, in compliance with R2 standards for minimum lot sizes. The duplex lots are configured around and accessed by a 34- foot wide private street off of Rogers Lane. Two of the proposed lots front both Rogers Lane and the new private street. PUD EXCEPTIONS The applicant's concurrent request to place a Planned Unit Development zoning overlay on this property will allow flexibility with City standards in developing this site. The applicant proposes to use this flexibility to develop two (2) private streets on this site, rather than constructing streets to City standards. The proposed private streets are significantly smaller than standard City streets, and are described as follows: Street One Street One is located adjacent to San Ysidro Park and will replace the existing dirt and gravel, 30-foot wide easement from which the three existing homes receive access. The applicant is requesting to construct a private street in this area because he cannot construct a public street in front of the homes without demolishing them. Street Two Z 00-02.TM 99-05. AJS 00-12 . R'evised Staff Report Q - . 07/21/00 Street Two is located off of Rogers Lane and will provide access to the four duplex lots. The applicant requests a private street in this area because construction of a public street would severely limit the ability to create viable lots on this land, due to the width requirements for a public street. Construction of the private street will allow the applicant to create four lots that exceed the City's minimum 8,000 square foot requirement for duplex lots. Two guest parking stalls will be located on the terminus of the southerly side , of this street's "hammerhead." The project will provide full street, sidewalk, curb, and gutter improvements consistent with private street design standards. The City's Deputy Fire Marshal1 has reviewed the project plans and has determined that the proposed access will adequately accommodate fIre apparatuses. A homeowners' association, or similar mechanism, will privately maintain the streets. 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 Rogers Lane. 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 ofCalifomia Subdivision Map Act and the City of Gilroy Subdivisions and Land Development Code. Z 00-02. TM 99-05. NS 00-12 Revised Staff Report . 1 . 07/21/00 TENTATIVE MAP CONDITIONS Staff recommends that the followinl!: conditions be placed on the aooroval of this request:, 1. MITIGATION MEASURES #1 THROUGH #11, contained within the Negative Declaration for this project 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. 2. Approval ofTM 99-05 is subject to the applicant receiving approval of Zone Change application Z 00-02. 3. Prior to fmal map approval, the applicant shall remove or relocate any structures that would be located within the required minimum setbacks on any newly created lot, unless specifically excepted by the Planned Unit Development approval, subject to review and approval by the Planning Division and Engineering Division. 4. 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. 5. 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. 6. 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. 7. 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. 8. All existing water wells shall be sealed to meet the approval of the City Engineer and the Santa Clara Valley Water District (SCVWD). 9. The developer shall install "No Parking" signs along the private street and at the end of the cul-de-sac, subject to review and approval by the Engineering Division. 10. The subdivider shall defend, indemnify, and hold harmless the City, its City Council, Planning Z.00-02.1M 99-05. AJS 00-12 Revised Staff Report it ~ . 07/21/00 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. 11. 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. 12. 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. 13. 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 ihat 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. 14. 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. 15. 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. 16. All lots shall drain to the street for storm drainage, subject to the review and approval of the Engineering Division. 17. 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. 18. With the exception of lots that received an exemption from the application of the City's Residential Z 00-02:TM 99-05. AJS 00-12 Revised Staff Report . 2 . 07/21/00 , , 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. 19. Prior to Final Map recordation, the developer shall create a legal instrument requiring all future property owners within ,this development to share the costs of maintaining the private street, sidewalk, curb, gutter, lighting, and sound wall improvements. This instrument shall be recorded simultaneously with the Final Map, subject to review and approval by the Engineering Division. 20. The applicant/developer shall install a public fIre hydrant on Rogers Lane, subject to review and approval by the Building, Life, and Environmental Safety Division. 21. The proposed private streets' curbs shall be painted red and labeled "NO PARKING-FIRE LANE," subject to review and approval by the Building, Life, and Environmental Safety Division. 22. The project shall contribute the appropriate development impact fees to the City, subject to review and approval by the Building, Life, and Environmental Safety Division. 23. The applicant/developer shall plant an approved street tree species, subject to review and approval by the Community Services Department. 24. All construction activities shall be limited to weekdays between 7 am. and 7 p.m., to Saturdays and City holidays between 9 a.m. and 7 p.m. No construction is allowed on Sundays. 25. The applicant will provide a street light near the private street entrances, subject to the review and approval of the Engineering Division. 26. The applicant will provide stop signs at the intersection of both private streets with Roger's Lane. 27. ' The final location of the private street adjacent to the park will be determined by the Engineering Division prior to Final Map approval. ~ Z 00-02.. TM 99-05. A/S 00-12 . Revised Staff Report . 07/21/00 10 PLANNED UNIT DEVELOP:MENT ANALYSIS: The applicant is requesting Planned Unit Development Architectural and Site review for the approval of a multi-family residential project on this 1.68-acre project site. The property is currently developed with three (3) single-family homes located along the northem property boundary. The applicant is proposing to use the Planned Unit Development process to create a multi-family development on this site consisting of the three existing single family homes, four duplexes (containing 8 units), and 2 private streets. The specific considerations of this project are as follows: Set Back Exceotions The three existing homes on this site are accessed by a dirt and gravel road that is proposed to be converted into a 30 foot wide private street through accompanying Tentative Map application TM 99-05. Upon creation of this private street, the homes will have setbacks ranging from 13 to 14.5 feet, which are less than the minimum Zoning Ordinance requirement of20 foot. However, because the homes already exist, and the private street must be at least 30 feet wide to meet Fire Department requirements, the only option available to provide a 20-foot front yard setback is to move or demolish the homes. Staff believes this setback exception is justified by the benefit obtained from converting the unpaved road to a paved private street. Architectural Desil!:ll The duplexes will be single story, three bedroom units, and will have the following design elements: hip and gable roofs; foam-trimmed windows on the front, sides, and rear of the buildings; paneled garage doors with windows; decorative roof vents; and detailed front doors. In addition, the applicant has provided an enhanced architectural design on the portion of the duplexes that will face Roger's Lane. These elevations will have hip and gable roof designs, decorative roof vents, and either bay windows or a building projection designed to showcase the windows. The exterior building materials will consist of stucco siding and dimensional shake shingles. The applicant has submitted a duplex design that far exceeds minimum standards. Sound Walls This project's Initial Study determined that a 13-foot high sound wall is required along the eastern property boundary to attenuate freeway noise. The applicant proposes to construct a 13-foot high sound wall on the portion of the site that is adjacent to the proposed duplexes, and to gradually lower the wall height to 8 feet on the portion of the site that is adjacent to the existing homes. The applicant is requesting to design the wall in this manner for aesthetic purposes, since a wall that gradually transitions to a lower height is more attractive than a continuous 13 foot high wall that abruptly ends. A 13-foot high wall is needed to completely attenuate the noise impacts to the existing homes. However, the proposed wall will provide a far greater level of noise attenuation than currently exists for these homes, as there is presently no sound wall on this site. This sound wall will be located adjacent to Highway 101, which the State of California has designated 2'00-02. TM 99-05. A/S 00-12 Revised Staff Report as a Scenic Highway. This property is set back a significant distance from this freeway and is buffered by trees, therefore Staff believes the sOund wall will not negatively impact the scenic nature of this freeway. Staff recommends that the applicant plants vines along the sound wall to prevent it from being painted with graffiti. /. . 11 .. . 07/21/00 Reauired Parkin!!: The following analyzes the project's proposed parking: Existing Homes Two of the three existing residences on site have a single car garage and no uncovered parking. The applicant proposes to demolish the garages on both of these parcels so that the structures on these sites comply with City setback requirements. The applicant will construct two-car garages on both parcels to replace the demolished structures. The third residence has a large, covered out building that the applicant proposes to use for parking. Proposed Duplex Lots This project is required to provide two parking stalls for each residence and two parking stalls for guest parking. The applicant has meet this parking requirement by providing a two-car covered garage for each residence and two uncovered guest parking stalls at the southerly terminus of the private street's "hammerhead." As proposed. this project complies with City parking requirements. Provision of Amenities The Planned Unit Development (PUD) Combining District Statement oflntent (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 two covered parking stalls for each of the single family dwellings units. . Provision of two covered parking stalls for each of the duplex units. . Proposed building elements on the portions of the duplexes visible from Rogers Lane that exceed minimum development standards . Stamped, colored concrete on the entrance adjacent to the private street accessing the duplex lots . Landscaping on the duplex units that exceeds minimum standards . Rear yard patios for each of the duplex units . Provision of a paved street for the three existing homes on this site Staff believes that. with the inclusion of the Droposed amenities. this proiect meets the intent of the PUD ordinance. Roger's Lane and two new private streets will provide access to the homes within the development. The ,Z 00-02. TM 99-05. AfS 00-12 Revised Staff Report . 12 . 07121/00 proposed street alignments are consistent with minimum City Development standards. FINDINGS: 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 of/and uses; F. Include greater provisions for landscaping and open space than would generally be required; G. Utilize aesthetic design principles to create attractive buildings and open space areas that blend with the character of surrounding areas; H. Not create traffic congestion, noise, odor or other adverse effects on surrounding areas; and I. Provide adequate access, parking, landscaping, trash areas and storage, as necessary. Staff believes this Droiect complies with these reauirements. STAFF RECOMMENDATION Staff recommends that the Planninl!: Commission forward a recommendation of APPROVAL to the City Council for this Planned Unit Development Architectural and Site review for the folIowlll!: 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 rental homes, which fulfills a specific need of the surrounding area; C. Urban Services are available at this site; Z 00-02.,TM 99-05. A/S 00-12 . Revised Staff Report .u . 07/21/00 D. The plan is harmonious and integrated; E. This proposed development is an economical and efficient use of this property; F. The proposed landscaping plans exceed minimum City requirements; G. The proposed building is attractive and harmonizes with the other developments along San Ysidro avenue; 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. Staff further recommends that the approval of this application be subject to the following conditions: PLANNED UNIT DEVELOPMENT CONDITIONS 1. MITIGATION MEASURES #1 THROUGH #11. 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 00-12 is subject to the applicant receiving approval of Zone Change application Z 00-02 and Tentative Map application TM 99-05. 3. Landscaping: Landscaping plans including specifications for an irrigation system shall be approved by the Planning Division in accordance with the adopted Consolidated Landscaping Policy, prior to issuance of a building permit. The landscaping shall be continuously maintained in an orderly, live, healthy, and relatively weed-free condition, in accordance with the adopted Consolidated Landscaping Policy and the approved specific landscape plan. This shall be subject to the review and approval of the Planning Division. 4. The applicant/developer shall landscape both sides of the required eastern sound wall. The applicant/developer shall provide landscaping, such as climbing vines eight (8) feet on center, for the entire length of the eastern sound wall, subject to review and approval by the Planning Division and the Santa Clara Valley Water District. 5. 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 6. Mechanical Appurtenances: Mechanical equipment to be located on the roof of a building shall be t. 00-02. TM 99-05. A/S 00-12 . Revised Staff Report 11 . 07/21/00 screened by an architectural feature of the building, such that it cannot be seen from glound level at the far side of the adjacent public right-of-way, whenever possible, subject to review and approval by the Planning Division. 7. 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. 8. Building colors shall be earth tones subject to the review and approval of the Planning Division. 9. 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. 10. 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. II. An encroachment permit will be required from the SCVWD for the outlet structures and locations, subject to review and approval by the SCVWD. 12. A SCVWD permit is required for any construction within or adjacent to West Branch Uagas Creek. Improvements plans shall be sent to the district, and shall show grading, drainage, landscaping and fencing. All plans shall be subject to review and approval by the SCVWD. 13. Site grading should be done such that there is no overbank drainage into the creek, subject to review and approval by the SCVWD. 14. 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 California State Department ofFish and Game, the United States Army Corps of Engineers, the Central Coast Regional Water Quality Control Board, and the SCVWD. 15. Landscaping adjacent to the creek side property line shall consist of Califomia 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. 16. The Sound wall constructed adjacent to SCVWD property must be installed off the SCVWD right of way, and must be maintained by developer or future property owners. Fencing adjacent to the creek shall be subject to review and approval by the SCVWD. 17. 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. 18. The developer will be required to obtain a NPDES General Permit for Storm Water Discharge Associated 'zoo-oz. TM99-05.AJSOO-12 . Revised Staff Report 15 . 07121100 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. 19. The developer shall follow the Santa Clara Urban Runoff Pollution Program's recommended Best Management Practices for construction activities, and shall incOlporate water quality mitigation measures into the design of this project, subject to the review and approval of the SCVWD. 20. Street names shall be subject to the review and approval of the Community Development Department. 21. The Engineering Division shall assign street addresses. 22. All utilities to, through, and on the site shall be constructed underground, in accordance with Municipal Code Section 21.120, subject to the review and approval of the Engineering Division. 23. All improvements are to be done per City of Gilroy Standards, subject to the review and approval of the Engineering Division. 24. 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 review and approval of the Engineering Division. 25. All weather fIre access roads and fIre hydrants shall be in place prior to start of any combustible construction, subject to the review and approval of the Deputy Fire Marshall. 26. The proposed detached garages must meet have a minimum of a fIve-foot setback from the houses and a minimum of a three foot setback from the side and rear property lines. Detached garages proposed to be within fIve feet of the house must have a minimum six-foot setback to the side property lines and a minimum fIfteen-foot setback to the rear property line. Respectfully, ~~ {;)~~ William Faus ~/\ Planning Division Manager W '- 09/12/00 16:53 1t ~B/22/2000 12:52 40~84G~ CITY OF GILROY r ~ 005/024 1~aJ;. 0'"' Community Development Department Planning Division Negative Declaration City File Nlimbe": TM99-0S City of Gilroy 7351 Rosauna St. Gilroy, CA 95020 (408) 848-0440 Proiect Delleriution Name of1>roject: Nature o{Project Almeida SlibdiYiuoD (by AlfoDllo AI.elda) Subdivision of 1.68 am:!! inID seven (1) n:sid<ml:iallat!. Build-aut of the proposed subdivision would result in the COlIStrull\ion of llight (8) c1uplllll; units on four (4) tots. (Each of 1he otber three (3) lots woulc1 ~omalodam one existing singl.... f~y unit.) This developmeDt also entails the cODStruclion of... privato street, sidewa1k, utility, sound wall, and o'lber jmprovements OlllW,d llff of the site. , ' Prolect Locati(ID Location: Assessot's Parcel #: SE comer of Rogers Lane and: Lewis Street 847-07-035 E..titv 0'- Per9onl.l Undtrlllkint! proie<;t Name: Address: 'Mr. Alfonso AleidA 11):490 Silva'Circle, Gilroy, CA 95020 Initial StudT An lnilial Study of this project was undertaken and prepared for the purpose of ~oertllini11g whlllher Ibis project might have l1 signifiCllZlt effect on the envirolllIltlDt. A copy of tbis 5luc1y is on file a1 the City of GillVY Planning DivisiOll, 7351 Rosanna Street, Gilroy, CA 95010. Findl_s &: Reason, The Initial Study iden1illed potentially sig!lifioant effects on the em1ronmeat. Howevllr, this project has been mitigll1ed (soe Mitiga1ion Measures bolow which avoid or mitigate 1he efl'ecIs) to a point where no significant effectrwill occur. There is no substantial evic1l'nCe the project may have a sigrrificant effect on the enviTomnc:nt. The following nlllSODS wiI1 support thelia tindiDgs: I. The proposal is a logical component of the l!1Cisth:1g lSDd use of this 1D"llB. 2. Idmtified advarse impacts will be mitigali:d through. preparation of special stu4ies, as.....eu. as through cQDSttUction of off:. and. on-site improvements. 3; The ptopo.sed project is consistent wi1h the adopted goals and policies of the Gilroy GaneraI PIall. 4. The Initial Study was rovillWoQ by City staif. aDd thi$ Nega1ivll Declaration raflects the jndependeut - jwigemcnt of the City of Gilroy, Bx-htbli 6 09/12/00 16:53 ~B/22f2e66 12:52 'C' 46884. I4l 006/024 r'HUi:. 1;.,1"-' cITY OF GILROY.MU Dr1t1: Negat{w Declll1Ition File; TM99..oS ~ 4105100 MitigaUon 1. The following will be incorporlilted into any permits with development of the project site, subject to review and approval by !he City of Gilroy Building, Life and Environmental Safety Division and the Engineer Division: a) Water all active construction areas twice daily. b) Cover all trucks hauling :;;oil, sand and other loose materials or require all trucks to maintain at least two feet of freeboard. c) Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved actess roads, parking areas and staging areas at Construction sites. d) Sweep daily all paved access roads, parking areas and staging areas at construction sites, Sweep streets daily if visibie soil material is carried onto adjacent public streets. 2. Due to the possibility that significant buried cultural resources might bEl found during eonstruction, the following language shall be included in ell pennits issued for the project site, including, but not limited to building permits for the future development, pursuant to the review and approval of the City Planning Division: If archaeological resOurces of human remains are discovered during construction, work shail be halted at minimum of 200 feat from the find and the area shall be staked off. The project developer shall notify the coroner or the Director of the Archaeological Regional Research Ganter. If the lind is determined to be significant, appropriate mitigation measures shall be formulated and implemented. 3. A 13-foot high noise barrier shall be c:cnstructed on the east side of lots 7 and 8. The noise balTier shall be constructed of any dense material such as concrete blocks or masonry. Other materiells msy be acceptable if approved by an acoustical consultant. The noise barrisI' shall be continuous without gaps or openings. 4. A noise barrier shall be constructed on the south side of proposed lots 5 and 7 per the recommendations of tne noise report, Said wall shall range from 13 feet in height at its eastern terminus to six feet in height at its westerly terminus. 5. A noise banier shall be constructed on the north side of proposed lots 6 and 8 per the recommendations of the noise report. Said wall shall range from 13 feet ili neight at its eastern tenninus to six feet in height at Its westerly terminus. 6. Mechanical ventilation or air conditioning should be installed so windows and doors may remain closed to provide for the necessary acoustical insulation. 7. Windows should be carefully installed, sealed and cal.llked 90 that there are no openings between the window assembly and wall. 09/12/00 16:54 @8/22/2~~6 12:52 'a' 48884. ~007/024 r-Joll~ 00 CITY OF GILROV4lllMU J)ral\: Negeli.... Da:loratl..., File: TM 99-05 ) 4/05/00 8. Exterior doors" excluding glass doon;;, should be solid-core wood with perimeter weather-stripping and threshold seals. 9. If two-story homes are proposed, an acoustical analyeis of construction plans should be conducted to demonstrate compliance with the City's interior noise level standard. ' 10. Monday through Friday, work which creatas noise that is audible off the site shall not commence prior to 0700 hours arw:! shall not occur on the site after 1900 hours. 11. On Saturdays and holidays recognized by the City of Gilroy~ work which creates noise that is audiblaoft' the site shall not commence prior to 0900 hours and shall not occur after 1900 hours, No work on the site shall occur on Sundays. D""'l'<8Prnd: April 5, 2000 Ewl afRevicw Poriall: ' Dille ApptO\led By City Coullcil: WillilIm FlWS, PlaIming Division Magager " I 09/12/00 16:54 1t 08/22/2000 12;52 4B8B45~ Alm8/4IJ Sl6bdiVUiDIIlnitiIJI SbAl!y ~ 008/024 cITY OF GILROY eU pp.GE 07 Mitigruiott MOllwmg Pro".,.". I I ~ Ahneida Residential Minor Subdivision Mitigation Monitoring Program Introduction On Janua.ry 1:. 1989: the Cal!fornia S~ate Legislature ps.ssed into law Assembly Bill 3180. ThIS bill reqUIres. publiC agencles to ad~pt reporltng or monitoring programs when they appl10ve projects subject to an envln:mmental impact report or a negative declaration thal includes mitigation measures to avoid significant adverse environmental effects. The reporting or mOnitoring program is to be designed to ensure compliance with conditions or project approval during project implementation in order to avoid signmcant adverse environmental effects identified in the environmental neview process. This monitoring! program is designed to provide a mechanism to ensure that mitigation measures and subsequent conditions of project approval are implemented. Monitoring Program The bases for tflis monitoring program are the mitigation measures inclUded in the initial study/negative declaration. These mitigation measures are designed to eliminate or reduce significant adverse environmental effects to levelS of. insignificance. These mitigation me8sures become conditions of project approval, which the project proponent is required to complete during and after impiementation of the proposed project. The attached cilecklist is proposed for monitoring the implementation of the mitigation measures. This mohitgring checklist contains all appropriate mitigation measures in the initial study/negative declaration. Monitoring Program Procedures It Is reCluired that the City of Gilroy use the attached monitoring checklist for the proposed project. The monitorif'lg PfOgram should be implemented as follows: 1. The City of Gilroy Planning Division should be responsible for coordination of tM monitoring Iilrogram, including the monitoring checlcllst. The Planning DiVision should be resplllnslble for completing the monitoring ehecklist and distributing the checi<list to the ,responsible individuals or agencies for their use ill monitoring the mitigation measureS. 2. Each re$ponsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring checklist helve been implemented. Once all mitigation measures have been c:omplied with, the responsible individual or agency should submit a copy of the monitoring checklist to the City of Gilroy Plllnmn9 Division to bEl placed in the pro/'eot file. If a mitigation measure has not been complied with. the monitoring check ist should not be returned to the Planning Division. GoIJft/l St.,e PltJlI'II~lItf rprtl BPvi,."IIrr1.II,1Il CtllISJllting !IIMP.I 09/12/00 16:55 'Zt 4~BB4. CI1Y OF GILROY ~ AlaeUItJ S..bdivtsimt lnll/Jd StIMiy a8/22/2~BB 12;52 KrtipIiD... MD1f./tDri/Ig Pm".,.". 3_ Before issuance of ani occupancy permit, the Planning Division should review the checklist to ensure that all mitigation measures and additional conditions of project apprt:lvallncluded in tlhe monitoring checklist have been implemented. An occupancy permit should no~ be issued until all mitigation measures and additional conditions of project approval included in the monitoring checklist have been implemented. 4. If a responsible individual or agency determines that a non-compliance has . occurred, a written notice shOuld be delivered by certified mail to the project proponent within 10 days, witih a copy to the Planning Division, describing the non- compliance and requiring compliance within a speciffed period of time. If a non- compliance still exists at the expiration of the specified period of time, construction may be halted and fines may be imposed at the discretio n of the C.lty of Gilroy. >lMP-1 GoIMa SIlJ/t~ PlaIs,.lt."'ng "lid EK1Iiro"",D_1 CDl1JIultblg .,', 141 009/024 PI'/;E ~~__ .. .. .. III . .- , .. -- , . -- r 09/12/00 08/22/2008 16:55 'Zt 12:52 40S646~ .<WJrd41L StliJd~iD1f. tlliJiDJ. StIiI/y 141010/024 CITY OF GILROV .U PAGE 09 Midglltiofl MD1f./tDriltg hD"...". Mitigatiol1 Monitoring Checklist A The following mitigation measures shall be IndIcated on the Final Parcel Map. Miti!Jatlon NlJmber 3. 4. 5. 6. 7. s. Mitigation A 1 a.fool high noise barrlar snail be constructed on Il'Ie east side of 10m hnd a. The noise barrier sl'lal("'e ,xlnstnJclecI of any dense .materlal such as concrete blocks Qr masonry. Other materials may be acceptabla if approved by an acoustic;al <;Qflsullanl The noise banier shall be continuous without gaps or openings. A nOJSE> , bemer snell be ttonstructed on !he south side of proposed lols 5 and 7 per the recommendBllons of the noise report. Said wall shall ranee from 13 feet in 1'Ieigl'lt at Its eaStern t!lrminus to six feet in l'leigl'lt at ils weeterly terminus. A noise bamer shall be constructed on the north side of proposed lots 6 and 8 per the . T!lcommendations of the noise report. Said \Vall shall range frllm 1:3 feet in heie;ht at lhi eastern terminus to silt feet In height at its \l(eslerly terminus. Mecl'lanical vanblatlon or atr ClIlndilioning should be installed so windows and door.; may remain clpsed to prollide for lt1e necessary atoustic:allnsullltlon. WindoWll should be .carefully inalaUee!. sealed and caulkecl so that there are no openings between lt1e wind"", assembly and wall. E:(terior doors, el(c!uding glas9 delo,,;. shoule! be solld-<:ore wood with perimeter weether-str1pping and threshold seala. Goldin St.lIIII Pf.nnirlg .nd Enllirrmm.n/QI CGnsultlnll. Party Resconsible for Imp ementatlon Party Responsible for Monitoring AppliQSnt City Planning and Engmeer1ng Division Applicant City Planning and Engineering CMsic>n Applicant City Planning and Engineering Division Applicant City Planning ane!. Engineering OMsion Applicant City Planning and Engineering Dllliaion Applicant City Planni"la and Engineerine; 01ll1910n MMFl.J " 09/12/00 16:55 'Zt SS/22/2e08 12:52 40B846~ Mizlpn.,1I MD/fittJriJlg hDC"IfI CITY ~ 011/024 OF GILROY r r'A""- W AllrleUlII Submi,ulf IlIiliJIl Strltly 9. If lWo..iJlory homes are proposed, an ac:oulltlcal analysis of constnJcllon plans !II'lould be condu.;ted to demonsvate complilinc:e with the City's i~terlor noise l.;vel standard. Applicant City Plann;n!! end Enlllneeriflg DIvision . . .. . . . . . . . . , . . III . III a It Mitigation Monitoring Checklist B The following mitigation measures shall be applicable to the project during the construction phase and shall be printed on the approved grading and construction plans. Mitigation Mitigation Party Party Number Responsible for Responsible for Implementation Monitorln!il 1 The foliowing. will be incorporated ConlraclDr City Planning Into any permits with development ONisio/) of the project site, sUbJedlo review and approval by the City of Gilroy BUildln~ Life and Envlronmenlal Safety jvision and the Engineer e lVision: I a) WEdsr all active c:onstruclion a....as twice daily_ b) cover all trucks hauling soil, I sand end ather loose materials or rilqulre alllrucks to maintain I at I~st two feet of freeboard. c:) Pa'oie. apply water three limes dally, or apply (non-toxic) sail stabilizers an all unpaved _s roads. parking a....as I anO staging arees at CQnstruc:tian sile5. d) Sw~ep daRy all ~aved aocess rosits, parking areas and staging Breas at construction sites. e) Sweep sll'eels dally if visible sail. material is c:erried onta adjacent public svaets. 2 Due to tha possibility that Ccnnc:tor Clt~t!anning sl~nlflca.nl buried cultural resource.:> MSlan might be found during cOl'IStru~on. the following language shall be induded in all permits issl,led for me projitc:l sita, incll,ldint but not limited to building perm' for the fUture dev"lo~en~ pursuant to the ""view an ap~roval of the City Planning Division; MMP-4 (AlUII .sta/D P"'/fllllog IfJOd E,",u..II"'~_' CIIMul/UJg 09/12/00 . FJB/22/2e1e111 16: 56 'Zt 12:52 4B884~ "......." .JJlbdillLswj;W,u StJldy " I{!] 012/024 CITY OF C;ILRDV ~ "'AC;C. H /IlUigtlliDII M.,.ib1rlng l'/'ot:rtU>l If an:;hsaoloqical 1IIsou~ or numal/ remillns are dlacovered during constT1lcJ!on. werle shall be halted at minimum of :<00 feer frDm the find and the area shall be Slaked off. Tha prcj&r:t developer shall no/ify the coroner or the Director of 1"11 ArehaflOl1~1 .Regional Reaearoh Camar. J the ;find Is datermined to be signlt/r:ant, appropriflls mit=on measures ahall be ula/sd and ImolernentBd. 10 Manclay It1lt1ugh Friday, werk Conll'aetor City Planning which crElQ/es noise the! is audible Dl\oislon off the slle shall not commence befers 0700 hours !lIId shall not occur on the site after 1900 houni. 11 On Saturdays and holidays Contractor City Planning l!ecognlzetl by the City of Gilroy. Clvision work which creates noise that Is audible off the site shell nat aomrnence prior to 0900 hours and shell nOI OCCLIf after 1900 hours. No work On the sile $hall occur on SunCl""". . Gulden $tile 1'1",,"111,1111II11 Env;_mtntol' CMeulli";. ~ . . I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached Resolution No. 2000-62 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. A~ (Seal)