Resolution 2000-63
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RESOLUTION NO. 2000-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING NS 00-12 (PUD), AN APPLICATION
FOR ARCHITECTURAL AND SITE APPROVAL OF A
PLANNED UNIT DEVELOPMENT (PUD) FOR THE
DEVELOPMENT OF THREE SINGLE-FAMILY HOMES,
FOUR DUPLEXES, AND TWO PRIVATE STREETS ON 1.68
ACRES, APN 841-07-035
WHEREAS, Alfonso Almeida ("Applicant") submitted NS 00-12, an application for
architectural and site approval of a planned unit development ("PUD") to allow for the
development of three single-family homes, four duplexes, and two private streets on 1.68 acres,
located on the southeast comer of Lewis Street and Rogers Lane; and
WHEREAS, the Planning Commission reviewed application NS 00-12 at its duly
noticed public meeting on August 3, 2000, and recommended that the City Council adopt the
mitigated Negative Declaration and approve AlS 00-12; 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 Revised Staff Report dated July
21,2000, and all other documentation related to application AlS 00-12; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City
Council adopted a Mitigated Negative Declaration for this project in conjunction with zoning
application ZOO-02 on August 7, 2000; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this project approval is based is the office of the
City Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT:
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RESOLUTION 2000-63
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A. The City Council hereby adopts the following findings as required by Zoning
Ordinance section 50.55 based upon substantial evidence in the record:
1. The project conforms to the Gilroy General Plan III terms of general
location and standards of development.
2. The proposed development provides attractive rental homes, which fulfills
a specific need of the surrounding area.
3. Urban services are available at the project site.
4. The project plan is hannonious 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 building is attractive and hannonious with other
developments along San Y sidro Avenue.
8. All impacts from traffic congestion, noise, odor 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 wili not be detrimental to public welfare or injurious to
persons or property in the vicinity.
2. There is no substantial evidence in the record that this project will have a
significant impact on the environment.
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RESOLUTION 2000-63
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C. AlS 00-12 should be and hereby is approved subject to:
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I. The twenty-six (26) conditions set forth in the Revised Staff Report dated
July 21, 2000, attached hereto as Exhibit A and incorporated herein by this
reference, and the following five (5) additional conditions, which shall read in
their entirety as follows:
Condition 27. The applicant shall provide lighting on both private streets within
this development, subject to the review and approval of the Planning and
Engineering Divisions.
Condition 28. The applicant shall provide two additional parking stalls on the
north side of the southerly private streets, subject to the review and approval of
the Planning and Engineering Divisions.
Condition 29. Landscape plans shall include the placement of mature landscape
material, such as vines, along the easterly side of the soundwall, subject to the
review and approval of the Planning Division and the Santa Clara Valley Water
District.
Condition 30. The soundwall shall be constructed at a height of thirteen feet for
its entire length, and shall be designed in accordance with the provisions of the
City of Giiroy Consolidated Landscaping Policy, as amended and adopted in
October 1999. This shall be subject to the review and approval of the Planning
Division.
Condition 31. The applicant shall provide a copy of the subdivision's proposed
Conditions, Covenants, and Restrictions to Planning Division staff prior to
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RESOLUTION 2000-63
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recordation of this document. The proposed Conditions, Covenants, and
Restrictions shall be subject to the Planning Division and City Attorney's review
and approval.
2. The mitigation measures set forth in the Negative Declaration and the
Mitigation/Monitoring Program, which Negative Declaration is attached
hereto as Exhibit B and incorporated herein by this reference.
3. This approval shall not become effective unless and until Ordinance No.
2000-12 becomes effective. If said Ordinance fails to become effective, this
approval is null and void, and this Resolution No. 2000-63 is of no force and
effect.
PASSED AND ADOPTED this 18th day of September, 2000, by the following vote:
AYES:
COUNCILMEMBERS:
G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, SUDOL,
SPRINGER
NOES:
COUNCILMEMBERS:
VELASCO
ABSENT:
COUNCILMEMBERS:
NONE
APPROVED:
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Thomas W. Springer, Mayor
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Rhonda Pellin, City Clerk
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RESOLUTION 2000-63
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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
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! 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 1.68"= acre parcel from RI/R2 to RI/R2-PUD
Staff recommends aooroval of this reauest
TM 99-05 Tentative MaD request to subdivide a 1.68-acre parcel into nine lots.
Staff recommends aooroval of this reauest with 27 conditions
AlS 00-22 Planned Unit DeveloDment review of a multi-family subdivision
Staff recommends aooroval of this reauest with 26 conditions
DESCRIPTION OF PROPERTY:
Parcel No.: 841-07-035
Parcel Size: 1.68 acres
Flood Zone: nx" Panel # 060340 0002 D, 8/17/98
Exh; b:+ A
Z 00..02. TM 99-05. A/S 00-12
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STATUS OF PROPERTY:
Existing Land Use
Single-Familv Dwellings
Undeveloped Residential Parcel
General Plan Designation
Residential Low Densitv
Residential Low Densitv
Zoning
Rl
R2
STATUS OF SURROUNDING PROPERTY:
Existing Land Use General Plan Designation
N: San Ysidro Park ParklPublic Facilitv
S: Apartments Residential Medium Densitv
E: Water District Channel/Freewav ParklPublic Facilitv
_ W: Single-Familv Dwelling Residential Low Densitv
Undeveloped Residential Parcel Residential Low Densitv
PF
Zoning
R3
N/A
RI
R2-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 Design (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 IMP ACTS: NEGATIVE DECLARA nON
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 4/05/00) 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. A/S 00-12
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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:
lilt A high volume of traffic travels through the neighborhood. and it travels too Quicklv
lilt Manv cars consistentlv park illegallv in this neighborhood
lilt Neighborhood streets are not weUlit
lilt Neighbors are concerned that this properlY will not be adeQuatelv maintained after it is developed
The following measures are proposed to address the neighbors' concerns:
fi} Engineering staff will take traffic counts in this area to det=ine the sPeed of vehicles traveling on
neighborhood streets. This information willbe given to the police Deoartment for enforcement pumoses.
fi} Warning signs advising motorists to slow for the Lewis Street to Roger's Lane curve will be installed
fi} Pending City Council aporoval. an aU-wav stoo will be installed at the Roger's Lane/Hoover Court intersection
fi} The Police Deoartment has been notified about illegal parking in this area
fi} Parking will be prohibited next to the private street entrances
fi} A streetlight will be placed near the private street entrances
fi} Stop signs wiU be reQuired on both private streets
fi} The City's Neighborhood Services staff is active in this area. This StaffwiU work with the properlY owners
and neighbors to ensure these properties are maintained to adeQuate standards.
Staff believes that these measures address the neighbors' concerns.
200-02. TM99-05. A/S 00-12
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ZONE CHANGE ANALYSIS:
The applicant requests Zone Change approval to rezone this irregularly shaped 1.68-acre parcel from Rl/R2
(Single Familyffwo Family Residential) to Rl/R2-PUD (Single Familyffwo 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 Planninl! Commission forward a recommendation of AIJIJroval of this request
to the Citv 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 00-02. TM 99-05. NS 00-12
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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 Familyffwo 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 Residential 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
Four 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 Y sidro Park and will replace the existing dirt and gravel, 3D-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. 1M 99.05. AJS 00.12
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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 Marshall 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 of Cali fomi a Subdivision Map Act and the
City of Gilroy Subdivisions and Land Development Code.
Z 00-02. TM 99-05. A/S 00-12
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TENTATIVE MAP CONDITIONS
Staff recommends that the foUowinl!: conditions be Dlaced on the aDDroval 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. TM 99-05. AfS 00-12
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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 Govemment Code Section 66474.9.
II. The Building, Life, and Environmental Safety Division shall approve all hydrant locations and water
main sizing prior to building permit issuance. Equipment and staffmg 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.
8. 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.
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.
8. 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 oflots that received an exemption from the application of the City's Residential
Z 00-02. TM 99-05. A/S 00-12
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Development Ordinance (ROO) (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.
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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
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PLANNED UNIT DEVELOPMENT 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 northern 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 of 20 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!D
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
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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.
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 parl<:ing 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 ofIntent (Zoning Ordinance section
26.10) requires projects within a PUD ".. .to promote unified planning and development, economical and
efficient land use, a higher standard of amenities, appropriate and harmonious variety in physical
development, creative design, and an upgrading of the urban environment." The applicant has proposed
the following amenities to meet this requirement:
. Provision of 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 DroDosed amenities. this Droiect 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
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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 find that the proposed Planned Unit Development will:
A. Conform to the Gilroy General Plan in terms of general location and standards of development;
. B. Provide the type of development which will fill a specific need of the surrounding area;
C. Not require urban services beyond those which are currently available;
D. Provide a harmonious, integrated plan which justifies exceptions, if such are required, to the normal
requirements of this ordinance;
E. Reflect an economical and efficient pattern of land uses;
F. Include greater provisions for landscaping and open space than would generally be required;
G. Utilize aesthetic design principles to create attractive buildings and open space areas that blend with the
character of surrounding areas;
H. Not create traffic congestion, noise, odor or other adverse effects on surrounding areas; and
1. Provide adequate access, parking, landscaping, trash areas and storage, as necessary.
Staff believes this proiect complies with these requirements.
STAFF RECOMMENDATION
Staff recommends that the Plannimz Commission forward a recommendation of APPROVAL to the
City Council for this Planned Unit Development 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 rental homes, which fulfills a specific need of the
surrounding area;
C. Urban Services are available at this site;
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Z 00-02. TM 99-05. A/S 00-12
Revised Staff Report
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11
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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
I. 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 A/S 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 applicanUdeveloper shall landscape both sides of the required eastern sound wall. The
applicanUdeveloper 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
Z 00-02. TM 99-05. A/S 00-12
Revised Staff Report
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14
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07/21/00
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.
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 Llagas 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 ofCalifomia 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 properly 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
2.00-02. TM 99-05. A/S 00-12
Revised Staff Report
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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 incotpOrate 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.
2 I. 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 2 I. I 20, 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 fue 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,
~~ jS;)W~
William Faus 1.,..,/1
Planning Division Manager W '-
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Community Development Department
Planning Division
Negative Declaration
City File Number: TM 99-05
City of Gilioy
7351 Rosanna St.
Gilroy, CA 95020
(408) 848-0440
Proiect n...uilriion
NIIDlCl of Project;
No:ture ofProj~ct
Almeida Subdivision (py AlfoDSo AllJIdda)
Subdivision ofl.68 aaes into seven (7) residllllliallats- Build-aut ofthl> proposed.
subdivision wouid rl!SUlt in lhe construction of a:igbl: (8) duplex units on fbur (4)
101$. (EKh of 1he olber three (3) lots would ~lIIlIIodale CIIUl elltisting sil1g1e-
family unit.) This development also entails the QallSlNdioo of... pl'ivate street,
sideMJk, utility, sound wall, and other improvements on IIIld off of !he site.
Proied LocatioD
Location:
Assessor's PlIIcel #:
SE comer of Rogms Lane md..Lewis Street.
847-07.03.5
Entity or Penonr.l Unci_kin!! :Proiect
Name:
Addn:ss:
. Mr. Alfollllo Aleilh
lllZ90 Silva. Circle. Gilroy, CA 95020
Initial StudY
An Initial Study of this project was undertaken and prepared for the purpose of ~ wbdhBr this project
miglrt have .. signifil;lllrt effect on !he envinlnroeut. A copy of tl:Iis stUdy is on file III th.. City of Gilroy Pltl%llJing
Division, 1351 :Rosanna Street, Gilroy, CA 95020.
FindiD". &. ~DDS
The Initial Smdy identifieli potentially significant eiIecIs on the environment. Bowcvllll", this project bas beet!
mitigated (see Mitiglltion Measures belOW which avoid or mitiga;te the sff'ed's) 1:0 a. point whets no signi6.cant
effects.will occur. There is no SubstIlDtial evid""ce!be projoct IIlI!JI have ii significant effect on 1h1O environment.
The following rellSon:l will SIIpport these finding!!:
I. . The proposal is a logical component of the eris1:ing lund use of this area.
2. Identified advlll'se impacts will be mitigated lhrougb preparation of special studies. as......cll as 1hrough
constrUction of off- and on-site ilnptovements.
3: The proposed project is consistent with the adopted goals 8I1d policies of the Gilroy General Plan.
4. The Initial Study was reviewed by City sratf. Imd this N ega1ive DecIarSlion xetlects 1be independent
. judgemc:nt of the l1:ity of Gilroy.
exh I bLf i3
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Drlll't Negal:i"" DcclIU1lti""
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CITV OF 8ILROY.MU
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2
4105100
Mitigation
1. The following .will be incorporated into any permits with development of the project site,
subject to review and approval by the 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 soil, sand and other loose materials or require all trucks to
maintain at least two feet of freeboard.
c) Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on ail
unpaved acCess 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 dsily if visible soil material is carried onto
adjacent puillic streets.
2_ Due to the possibility that significant buried cultural resources might be found during
construction, the follOWing language shall be inciuded in all permits issued for the
project site, including, but not limited to building permits for the future development,
pursuant to the review and approval of the City Planning Division:
If archaeokJgical resources of human remains are discovered dunng construction,
work shall be halted at minimum of 200 feet from the find and the area shall be.
staked off. The project develope,. shall notify the coroner or the Director of the
Archaeologicsl Regionsl Research Center. If the find is determined to be
significant, appropriate mitigation measures shell be formulated and implemented.
3. A 1J..foot high noiea barrier shall be constructed on the east side of lots 7 and 8. The
noise barrier shall be CQnstructed of any dense material such as CQncrete blocks or
masonry. Other materials may be acceptable if approve.d by an acoustical consultant.
The noise barrier 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 the noise report. Said wall shall range from 13 feet in heig"t at its
eastern terminus to siJ( feet in height at its westerly terminus.
5. A noise barrier 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 irl height at its
eastern terminus to six feet in height at its westerly terminus.
6. Mechanical ventilation or air conditioning should be imstalled so windoWS and doors
may remain closed to provide for the necessary acoustical insulation.
7. WindOWS should be carefully installed, sealed and caulked so that there are no
openings between the windoW assembly and wall.
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File: 1M 99-05
3
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8. E.JClerior doors, excluding glass doors, llhOlJld be llolid-.ccre wood with perimeter
weather-stripping and threshold seals.
9. If two-story homes are proposed, an acoustical analysis of construction plans should be
conducted to demonstrate compliance with the City's interior noise level standard. .
10. Monday through Friday, worX which creates noise that is audible off the site shail not
commence prior to 0700 hours and shall not occur on the site after 1900 hours_
11. On Saturdays and holidays recognixed by the City of Gilroy, work which creates noise
that is audible off the site shall not commence prior to 0900 hOlJf5 and sl1all not occur
after 1900 hours. No work on the site shall occur on Sundays.
DatePrepll'!'Od: April 5, 2000
End afRe'IIic<v Periacl: .
Date ApI"''''''''' By City C.",.",;!:
William F31lS,
Planlling Oi-visiQll MlIII&I!er
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AlmtdJ/ll Subdivisilllf. Initilll S,.,1iy
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CITY OF GILROY eU PAGE 0 r
Mitigraion Mo"itorln8 l'rDgrtUrI
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Almeida Residential Minor Subdivision
Mitigation Monitoring Program
Introduction
On Janua.ry 1. 1989.. the Cal!fomia S~ate LeQislature PS.Slied into law Assembly Bill
3180. ThiS bill requires public agencies to adopt reportmg or monitoring programs
when they appl!Ove projects subject to an environmental imJ:lact report or a negative
declaration that includes mitigation measures to avoid significant adverse
environmental effects. The reporting or m'onitoring program is to be designed to
ensure comphance with conditions or project approval during project implementation
in order to avoid significant adverse environmental effects identified in the
environmental neview process.
This monitoring; program is designed to prt:lvide a mechanism to ensure that
mitigation measures and subsequent conditions of project approval are
implemented.
Monitoring Program
The bases for this monitOring program are the mitigation meas\:Jres 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 measures become conditions of project approval,
which the project proponent is required to complete during and after implementation
of the proposed project.
The attached checklist is proposed for monitoring the implementation of the
mitigation measures. This monitoring checklist contains all appropriate mitigation
measures in the initial study/negative declaration,
Monitoring Program procedures
it is required that the City of Gilroy use the attached monitoring checklist for the
proposed project The monitoring prt:Igram should be implemented as follows:
1. The City of GlIroy Planning Division should be responsible for coordination of
the monitoring program, including the monitoring checklist. The Planning Division
should be resplllnsible for completing the monitoring c;hec~list and distributing the
checklist to the ,responsible individuals or agencies for their use in monitoring the
mitigation measures.
2_ . Each responsible individual or agency will then be responsible for
determining whether the mitigation measures contained in the monitoring checklist
have been implemented. Once all mitigation measures have been complied with,
the responsible individual or agency should submit a copy of the monitoring
ch~ckli.st to the City of GlIroy Planning qivisi~n to be plat:ed ,in the pro/..ect file. If a
mitigation measure has not been compiled with, the monitoring check 1st should not
be returned to the Planning Division.
GoWen Stllte PIDnnin/1lD1d. En"",,,"'tIIlllJI C~"."l""lI
MMP-l
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3. 8efore issuance of ani occupancy permit, the Planning Divisicn should review
the checklist to ensure that all mitigation measures and additional conditions of
project approval included in tlhe monitoring checklist have been implemented. An
occupancy permit should not 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, with a copy to the Planning Division. describing the non-
compliance and requiring compliance within a specified period of time. If a non.
compliance still exists at the expiration of the specified period oHime, construction
may be halted and fines may be imposed at the discretIon of the City of Gilroy.
ofMJ'-]
GDIMa 9_ Phlt.,....Zhg _ti EII"irofllflDIWII Cmuu/lfltg
III
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141022/024
cITY OF GILROY eu PAG!;: ~.,
M"aipJlDn Jttfl..iblri1Jc h"f"Jllf.
Mitigation Monitoring Checklist A
The following mitigation mealilur&s shall be Indicated on the Final Parcel Map.
Mitigation
Number
3_
4.
5.
6.
7.
8.
Mitigation
A 13.1001 high noise barrier snsll
be c~tructed On Ihe east side of
lots nd 8. The noise banisr
sllal De constructed of any dcnse
.materlal such as ccncr1'!e blocks
or masonry. Other materials may
be accapl<lble if approved by an
acoustical consultant The noise
barrier shall be continuous without
gaps or openings.
A nOise. bamer snail be
lIOnstructed on the south side of
praposad lots 5 and 7 per the
recommandatlcns of tha noise
h!port. Said wall snail range from
13 feet in heighl at Its eeste,,"
terminus 10 six feel in height at its
vireGter1y terminus.
A noise banier shall be
constructed an the north side of
pro pOlled lots 6 and II per the
. recommendations of the noise
report. Said wall shall renge fl'am
13 feet in height at im eastern
tElrmlnus to six feet in height at tis
Westerly terminus.
Mecllanlcal ventilation or air
ccnditioning shOUld be installed so
windows and doors may remain
clllseo to provide for the nece.53aty
accustiCilllnsull!!tion.
Windows should bl!! CllreJ'uIlY
iniSlalled, sealed and caulked So
\hat there are no op$nlng!l
between the window asserribly ane!
wall.
Exterior doors, exduding glass
doors, shoula b... solic:t-care wood
with perimeter weather-stripping
an!! thrllSl1olc:t sealS.
Goldon """0 Plannitla .nd Emnranmll1l"" Consul/lnll.
Party
Responsible for
Implementation
Party
Responsible for
Monitoring
Applicant
City Planning and
Engineerlnll Division
Applic:ant
City Pla!,n!n!l, ~n.d
Englne.."ng OMslon
Applicant
City Planning and
EngIneering Division
Applicant
City Planning and.
Engineering Division
AppUCllnl
City PlaMnlng and
E;rtgin""rlng Division
Applicant
City Planning and
Engineering Division
MMP-J
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JI{bIg;t&n MD_ri1f.g p,."grrDf<
cITY Cf" GILROY ~ ,-~
A.l/n6iIl/l SIibIIMDDIi InitiJJ1 SIfuiy
9.
If lw~$tcry homEls are proposed,
an i1COl.1st1cal analysis of
o:QnstnJcticn plans should be
conduQted to demonS1rale
compli""ce with the Cily's interior
noise level standard.
Applicant
City Planning and
Engfneering Divi5ion
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.
r Mitigation Mitigation Party Party
i Number Responsible for Rsspon5ible for
Implementation Monitorln!;l
, The fOlicwing. w~1 be il\corporated Contractor City Plan"ing
Into an~ permlls with development Dlvisi"n
"f the ~rojtlCt site, subjec;tlo r"view
and approval tly the City of GUI1lY
Buildln% ute and Envtronmental
Safety ivision and the Engineer
Division:
a} Water all activa col'IstnJction
arells twice daily_
I bj Colter all tnJcks hauling soil.
sarnland other loose materiElIS
or requlra alllr1Jcks to maintain
I at least two feel of freeboard.
c) P<Ne, apply water three times
dally, or apply (non-toxic) sail
i sta!;i1izers on all unpaved
\ ac~S roads. parking areas
and! slaglng areas at
canslr1Jclian sites.
d} SWeep cally all paved aOl:eSS
raallls, parking areas and
staging areElS at constn.Jction
slles.
e) Sweep s!reels daily if visible
soli. matarial is carried onto
adjacent public sWets.
2 Due Ib the pCIssibility Ihat Canlnlclor C~ Planf\lng
slgf\lfIcailt buried cUltural rasaurces !vision
might be founc during CDr:lstnJclion.
the follmwing language shall be
included in all paimits issued for
!he pralt!lC! site, includin~, but not
limited to building pernllls for t"e
fUtura clevB1':fment, pursuant to
the review an approval of the City
Planning Divillian:
MMP.J.
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CITY OF GILROY ~ PAGE 11
. M/liptiD" MD"ib1rlJrg ~
Sill.
10
If IIrch/iec/Oflical f8S0ul'C88 or
human remams IlT8 rllIlQOVSf8cj
during ccnstrudJon, 'NOrlc shall lie
haJtud at minimum or 200 Ii3ef from
the flnrl /inti the 1If811 shall be
sr/ilked off. The p/Oje<;t developer
5haJ1 no6fy the aomner or the
Dlrel:tor of the Archaetl/oaical
Rtlgion,,' ReseElTCh Center. If the
,R"a is determined to be sign/fleant,
epprcpri/i/8 mitigefion msasUffls
sheH be formulated ana
fm emen/ed.
Monday through FridlilY. work
wtllch creates noise lhllt is audible
()ff lIle slle $haJl not commence
bsfora 0700 hours Ilnd shall not
Occur on the sile after 1;00 hoUl".
en Satuniay& and holiday.
nEJa:)Qnlzed by the City of Gilroy,
WDrk which creates noise lIlat lit
audible off the site shall nol
lj(Immence prior lQ 0900 haurs IilJ1d
shall nOl occur after '900 hours.
No work on !tie site shall occur on
Sun<:! s.
11
t;Dldon SlIm PI.nfI/nll md EnvircmmenlarCDllsulli"lI.
Contractor
Cantraator
City Planning
Dlllisian
City Planning .
Division
MMP-5
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2000-63 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 Clerk of the City of Gilroy
(Seal)