Resolution 2003-53
RESOLUTION NO. 2003-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING NS 03-17, AN APPLICATION FOR
ARCHITECTURAL AND SITE APPROVAL OF A PLANNED
UNIT DEVELOPMENT (PUD) FOR TWO NEW UNITS AT 520
AND 530 LEWIS STREET IN AN EXISTING PUD ON
APPROXIMATELY 1.68 ACRES, APN 841-53-068
WHEREAS, Alfonso Almeida, the applicant, submitted NS 03-17, an application for
architectural and site approval of a Planned Unit Development ("PUD") for two new units at 520 and
530 Lewis Street, southeast corner of Lewis Street and Rogers Lane, in an existing PUD on
approximately 1.68 acres, APN 841-53-068; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City
Council adopted a Negative Declaration on September 18, 2000, in connection with zone change
application Z 00-02, which includes this project, finding that the Negative Declaration was
completed in compliance with CEQA, that it reflected the independent judgment of the City, and that
there was no substantial evidence in the record that the project as mitigated will have a significant
effect on the environment; and
WHEREAS, the Planning Commission held a duly noticed public meeting on June 5, 2003,
at which time the Planning Commission considered the public testimony, the Staff Report dated May
28, 2003, and all other documentation related to application NS 03-17 and recommended that the
City Council approve said application with conditions; and
WHEREAS, the City Council held a duly noticed public meeting on June 16, 2003, at which
time the City Council considered the public testimony, the Staff Report and all other documentation
related to application NS 03-17; and
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Resolution No. 2003-52
WHEREAS, the City Council determined that twenty (20) conditions should be incorporated
into the project as set forth in the Staff Report; 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:
A. The City Council hereby adopts the findings as required by Zoning Ordinance section
50.55 based upon substantial evidence in the entire record.
1. The project conforms to the Gilroy General Plan in terms of general location and
standards of development.
2. The proposed development fulfills a specific need of the surrounding area because
it will provide additional rental housing in Gilroy, and it will upgrade the existing
homes in this development.
3. The project is an infill project and therefore does not require urban services
beyond those which are available at the project site.
4. The project plan is harmonious, integrated, and will improve the existing
development.
5. The project is an infill development and therefore reflects an economical and
efficient use of this property.
6. The project includes landscaping provisions which will meet the intent of the
Planned Unit Development ordinance.
7. The project's housing units and open space are attractive and blend with the
character of the surrounding areas.
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Resolution No. 2003-52
8. The project as mitigated will not create traffic congestion, noise, odor or other
adverse effects on the surrounding areas.
9. The project provides adequate access, parking, landscaping, trash areas and
storage.
B. A/S 03-17 should be and hereby is approved subject to:
1. The twenty (20) final conditions of approval attached hereto as Exhibit A, and
incorporated herein by this reference.
2. The eleven (11) mitigation measures set forth in the Negative Declaration and
the Mitigation/Monitoring Program, both attached hereto as Exhibit B, and
incorporated herein by this reference.
PASSED AND ADOPTED this ih day of July, 2003, by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN,
MORALES, and SPRINGER
NOES:
COUCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
PINHEIRO and VELASCO
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APPROVED:
~~ 4/f
Thomas W. Springer, Mayor
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Resolution No. 2003-52
A/S 03-07 (ALMEIDA)
FINAL CONDITIONS OF APPROVAL
Plannin2 Division (contact Melissa Durkin at 846-0440)
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. Landscaping: Landscaping plans including specifications for an Imgation 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.
3. 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
4. The applicant shall install 24-inch box trees in this development.
5. Mechanical Appurtenances: Mechanical equipment to be located on the roof of a building shall be
screened by an architectural feature of the building, such that it cannot be seen from ground level
at the far side of the adjacent public right-of-way, whenever possible, subject to review and
approval by the Planning Division.
6. 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.
7. Building colors shall be earth tones subject to the review and approval of the Planning Division.
En2ineerin2 Division (contact Don Nunes at 846-0450)
8. 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.
9. An encroachment permit will be required from the SCVWD for the outlet structures and locations,
subject to review and approval by the SCVWD.
10. 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.
EXHmIT A
11. Site grading should be done such that there is no overbank drainage into the creek, subject to
review and approval by the SCVWD.
12. 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 of Fish and
Game, the United States Army Corps of Engineers, the Central Coast Regional Water Quality
Control Board, and the SCVWD.
13. Landscaping adjacent to the creek side property line shall consist of California native species.
Any trees planted near the property line should be placed such that they do not overhang the
property line, or are of a variety that can be pruned and trained to provide a minimum vertical
clearance of 15 feet over the SCVWD property. All landscaping adjacent to the creek shall be
subject to review and approval by the SCVWD.
14. The Engineering Division shall assign street addresses.
15. 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.
16. All improvements are to be done per City of Gilroy Standards, subject to the review and approval
of the Engineering Division.
17. 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.
Fire DeDartment (contact Rodger Maggio at 846-0430)
18. Hydrant locations and water main sizing shall be subject to approval by the Deputy Fire Marshal.
19. 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 Marshal.
Police DeDartment (contact Sergeant Daniel Castaneda at 846-0310)
20. The applicant shall place a directional sign at the westerly end of this private street providing the
addresses of all the units located along the private street.
ExnffiIT A
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EXHIBIT B
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Community Development Department
Planning Division
Negative Declaration
City ll'ile Number: ~ 99-05
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
(408) 848-Q44{)
proied Del!mltuon
Name of'Project
Nature of Project:
Almeida Subdivision (by AlfoD80 Almeida)
Subdivision ofl.68 acres into sSVe:t1 (7) n:sideJXtia,llDts. Build-aut of the proposed
subdivision would result in the construction of eight (8) duplex units on four (4)
1015. (Each of fuel ather three (3) lots WQuld a.eCOrDIlloda!e one elristing sil1g1c-
~y unit.) 'Ibis deve1cpment also entails the CQnstXUction of a. private street.
sidewalk, l.ltility. lio\D1d wall, and other imProvements on BIl.d f)ff of ~e ~ite.
Prnied Locstion
Loc;Jtion:
Assessor's Pan.el '1#: .
SE comer of Rogers Lane IUld.Lewis Street.
847-07.035
Entin' or Personfs) UDd~kint! Proiect
Name:.
Address:
.M,r. Alfonso Aleida .
10'-90 Silvs.Circle. Gilroy, CA 95020
Initial Study.
An Initial Study oftbis project was undertaken and prepared for the purpose of ascertaining whc1her this project
migbt _ . signifi""" _ Oft 1110 """;"0""""''' A copY of Ibis stUdy is on ti10 ..lb. City of GUr<1y I'\Qming
Division, 7351 ltosanna Str=t GilrC?'. CA 95020.
Findmo &. Reasons
The Initial Study identified potentially signifiamt effect! on the environmelIl Howcver, this project bas been
mitigated (see Mitigation Measures below which avoid or mitigate the effects) to a. point wbere no significao:t
effectS. will occur. There is no substantial evidence the project mJJY have a. significant effect on 1ha environment.
The foUowlng reasoDS wiI1 support these findings:
1. . The proposal is a logical cornponent of the existing land use of this area.
2. ldemi:iiea adverse impacts will be mitigated through preparation of special stud,ies. as.wC:11.u1brough
constrUction of off- and an.site improvements.
3: The propos~d project is consistent with 1he adopted goals and policies of1he Gilroy-General Plan.
4. The Initial study WBS reviewed by City m:aff. and this Negaiive Declaration reflects the independent
. judgemc:nt of the eity of Gilroy.
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Draft Negati~ Declsrstion
File: TM 99~S
2
4/05/00
Mitigation
,. 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, s.and 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,psrking areas and staging areas at
construction sites. Sweep streets daily if visible soil material is carried onto
adjacent public streets.
2. Due to the possibility that significant buried cultural resources might be found during
construction. the following language shall be included in all permits issued for the
project site, including, but not limited to building permits for the Mure development,
pursuant to the rS'Iiew and approval of the City Planning Oi'lision:
If archaeological resources Of human remains are discovered during et:mstruction1
work shaJl be halted at minimum of 200 feet 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 Center. If the find is determined to be
significant. appropriate mitigation measures shell be formulated and implemented.
3. A 1 ~foot high noise barrier &hall be constructed on the east side of lots 7 and 8. The
noise barrier shall be CQnstnJcted of any dense material such as concrete blocks or
masonry. Other materials may be acceptable if apprcve.d by an acoustical consultant.
The noise barrier shalJ 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 rar.'lge from 13 feet in height at its
eastern terminus to six feet in height at its westerly terminus.
5. A noise banier shall be construded on the north side of proposed lots 6 and 8 per the
recommendations of the noise report. Said we'll snail range from 13 feet in height at its
eastern terminus to six feet in height at its westerly terminus.
6. Mechanical ventilation or air conditioning should be inetalled 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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Draft Negative DecLsrtuon
Fila; 1M 9~..o5
3
4105100
8. Exterior doors., excluding glass doo~, should be solid-ccre wood with per.imeter
weather-stripping and threshold seals.
9. If tlNo-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, work which creates noise that is audible off the site shall not
commence pricor to 0700 hours and 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 audible ~ff the site shall not commence prior to 0900 hours and stiall not occur
after 1900 hours, No work on the site shall Oc:;CUT on Sundays.
DarePt1:parcd: .April 5, 2000
Bod afRevic:w Period: '
Date ApFavecl By City Couoel:
William Paus.
Planning Division Ma:oager
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AlmelU $&fbdMsiD" bril..d ~d.y
Almeida Residential Minor Subdivision
Mitigation Monitoring Program
Introduction
On January 1:. 1989, the Caljfomia Stale LegislatUre pa,ssed into law Assembly BUI
3180. ThIs bdl requIreS public agencies to adopt reporting or monitoring programs
when they approve projects subject to an environmental impact report or a negative
declaration the1 includes mitigation measures to avoid significant adverse
environmenta! effects: The ,,"l?"rling or rrionilOring program is to be designed Ie
~nsure compllanc~ w~th condttlons or prolect approval dunng proJact implementation
In order to avoId:! significant adverse envIronmental effects identified in the
environmental neview process.
This monitoring program is designed to provide a machanism to ensure that
mitigation measures and subsequent conditions of project approval are
implemented. '
Monitoring Program
The bases for this monitoring program are the mitigation measureS incl~l!ed in the
inttialstudy/negaliVe deciaration. These mitigation measures are designed Ie
eliminate or reduce significant adverse environmental effects Ie levels of. .
insignificance, These mitigation measures become conditions of project approval.
which the projact proponent is required to complete during and alter implementation
of the proposed project.
The attached checklist is proposed for monilering the implementation of tha
mitigation measures. This mohitoring checklist contains all appropriate mitigatIOn
measures in the initial study/negative declaration.
Monitoring Program Procedures
It is required that the City of Gilroy usa lI'le attached monltortng checldl$l for the
proposad project. The monitortng program should be Implemented as follow",
1 , The City of Gilroy Planning Division should be responsible for coordination of
the monitortng program. including the monitoring checklist The Planning Division
should be respmnsible for completing the monitoring chec~lIst and distributing tha
checklist Ie the .responsible individuals or agencies for their usa in monitortng the
mitigation measures.
2, . Each responsible Individual or agencY will than be responsible for
determining whether lI'le mttigatlon measures contained in the monitoring checklist
heve been implemented, once all mitigation measures have been complied with.
the responsible individual or agency should submtt a copy of the monitoring
checklist to the City of GlIroy Plannrng Division to be placed in the project file. If a
mitigation measure has not been complied with. the monttoring chec~list should not
be returned to the Planning Division.
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3. . Before issuance of ani occupancy permit, the Pia n n i ng Division should review
the checklist to ensure that all mitigation measures and additional conditions of
project approval included in ~e 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 pe riod of timejconstruction
may be halted and fines may be imposed at the discretion of the City of Gilroy.
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Mitigation Monitoring Checklist A
The following mitigati~n measures shall be Indicated on the Final Parcel Map.
"
Mitigation
Number
3_
4.
s.
6.
Mitigation
A 13-foot high noise barrier sl'lsJI
be CFcted on the east side of
lets nd 8. The noise \:lamer
shel De constructed of aMy dense
material such as concrete blocks
or mason/)'. Other materials may
be acceptable if approved by an
aCQustical CiOnaultsnt The noise
barrier shall be continuous without
~aps or openings.
A nOise. bamer sl'laU be
,Gonstructed on the south side of
proposed lots 5 and 7 per the
recornmendatJons gf the noise
report. Said wall shall range from
13 feet in heigl'lt at Its eastern
t&rminus to six feet in height at ita
weSterly terminus.
A noise barrier shall be
QCnstrueled on the north side at
proposed lots 6 and 8 per the
. recommendations of the noise
report. Said W&II shall range frDm
13 feet in height at Its eastern
terminus to six feet In height at Its
Westerly tenninus.
Mechanical ventilation or air
cd)nditionlng should be installed so
windows and doors may remain
cll:Jae" to provide for the necessary
atcustical Insullltlon.
7.
WindtlWS should becarefulty
installed, sealed and caulked so
that there are no ol'anings
between the window assembly and
wall.
8.
Exterior doors, excJuding glass
doors, should be solid-eore wood
with perimeter westhe,...strlpping
sn~ threshold seals.
Golden sure PliJnning rind Envi,,:mmsntIQl CDnsultlng.
Party
Responsible far
Implementation
Applicant
Applicant,
Applicant
Applicant
Applicant
Applicant
Party
Responsible for
Monitoring
City Planning and
Engineering Division
CIty Planning and
Engln~ering Division
City Planning and
EnQ,"eerlng DIVIsion
City PlannIng and'
Engineering DiVIsion
City Planning and
EngineQrlng Dh,islon
City Planning anij
Engineering Division
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dlho-.....II SWJlIMsioll IllitiDl Srutiy
ftOJlgwlI MOlliJDriIIg ~rDgr"'Ift
9,
'f twC).$tory homes are PM:)posed,
an acoustIcal analysis of
c.gnstnJct1cn plans should be.
ccndUQted to demonstrate
COIT\pl~"C8 with !tie City's interior
noise level standard.
Applicant
City Planning and
Engfneering Division
MitigatIon Monitoring Checklist B
The following mitigation measures shall be applicable to the project during the
construction phase and shan be printed on the approved grading and
construction plans.
Mitigation Mitigation PartY Party .
Number Responsible for Responsible for
Implementation Monitorin~
1 The following. wUI be il'\ccrporated Contractor City Plan",ing
Into an~ permits with development Division .
of the project site. subject to r~yiew
and approval "DY the City of GlIM:)Y
Buildln90 Ufe and EnvtrClnmBntal
Safety ivision and the Engineer
Division:
a) Water all act\ve COl'Istruction
are. twice daily.
\ b) Cover all trucks hauling soil.
sand end ottler loose materiSls
or require all trucks to maintain
\ at Itlaet twO feet of freeboard.
c) pa~.app~w~~~reetimy
dally. or apply <non-toxic) soil
i 6taDili%ers on all unpaved
\ aCC$Ss roads. pGntlng areas
ana. staging areas at
construction sites.
d) sw~e~ dally all paved access
reaells. parking ereas and
staging areSS at cOl'lstnJctior'l
sites.
e) Sweep streets dally if visible
soU. material is carried onto
adjacent public streets.
2 Due tb the possibility that Contractgr c~r!af1l'\ing
slgf'\flca'nt buried cultural resources !VISIon
might be found during CDAStruc:tion.
the follmwing language shall be
induoed in ell permits issued fer
the preject site. inc;hJding, but net
limited to building permits ior ttle
fUture de'lelosment. pursuen, to
the review an approval of the City
Planning Division:
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If archaec/OQiCSI I8SOUIC88 or
human remams are discovered
during construdfon, werle shall "e
halted at minimum of 200 feet from
the find and the 8188 shall be
stsked gff. The project deve/oP!Jr
&hall notify the COIOna, or the
Director of the Archaeological
Regional Research Canter. If the
find is determined to be signfflcant,
appropriate mitigation measures
ahaH be fcnnu/atBd and
1mplemented.
Monday through. Friday I work
which creates noise that is audible
off the site shall not commence
befers 0700 hours end shall not
~r on the site after 1 gOO houns.
On Setun:lays and holiday.
~8ccgnlzed by the City of Gilroy.
\Ncrk which creates noise that Is
audible off the site shah not
commence prior to 0900 "ours and
shall not occur after 1900 hours.
No wcrk on ,"e site shall occur on
Sundays.
GDld8IJ SUm PJanrlln.; and Enwronmentlirconsultirtg.
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ContradOl'
MJliptillll MlIllitslrlng ProgrtRII
city planning
Division
city Planning
Civlsion
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I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached
Resolution No. 2003-53 is an original resolution, or true and correct copy of a city resolution,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
7th day of July, 2003, 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 17th day of July, 2003.
(Seal)