Loading...
Resolution 2004- 06 RESOLUTION NO. 2004-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 01-07, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY 2.9 ACRE SITE INTO A 13-PARCEL RESIDENTIAL SUBDIVISION LOCATED AT 940 SUNRISE DRIVE, APN 783-20-047 WHEREAS, Fernando Rocha, the applicant, submitted TM 01-07, requesting a tentative map to subdivide an approximately 129,370-square-foot (2.9 acre) site into a thirteen (B)-parcel residential subdivision located at 940 Sunrise Drive (west of and immediately adjacent to the new fire station), APN 783-20-047; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council on December 15, 2003, adopted a mitigated Negative Declaration for this project, finding that the Negative Declaration was completed in compliance with CEQA, that it reflects the independent judgment of the City, and that there is 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 hearing on December 4, 2003, at which time the Planning Commission considered the public testimony, the Staff Report dated November 21, 2003 ("Staff Report"), and all other documentation related to application TM 01-07, and recommended that the City Council approve said application; and WHEREAS, the City Council held a duly noticed public hearing on December 15,2003, at which time the City Council considered the public testimony, the Staff Report, a supplemental Staff Report dated December 8, 2003, and all other documentation related to application TM 01- 07; and IGB0\610861.1 01-12180341706089 -1- Resolution No. 2004-06 WHEREAS, the City Council determined that thirty (30) conditions should be incorporated into the project as proposed by staff and recommended by the Planning Commission; 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 finds as follows: 1. The project is consistent with the land use designation and the intent ofthe goals and policies of the General Plan. 2. The project is consistent with the Zoning Ordinance, the City's Subdivisions and Land Development Code, and the State Subdivision Map Act. 3. Public utilities and infrastructure improvements needed to serve the proposed project are in close proximity. 4. The project is consistent with surrounding development. 5. There is no substantial evidence in the entire record that the project as mitigated will cause a significant environment effect. 6. There are no facts to support the findings requiring denial of the proposed tentative map pursuant to California Government Code section 66474. B. Tentative Map TM 01-07 should be and hereby is approved, subject to 1. The thirty (30) conditions attached hereto as Exhibit A, and incorporated herein by this reference. IGBOI610861.1 01-12180341706089 -2- Resolution No. 2004-06 2. The Mitigation/Monitoring Program and the eleven (11) mitigation measures set forth in the Negative Declaration, attached hereto as Exhibit B, and incorporated herein by this reference. PASSED AND ADOPTED this 5th day of January, 2004 by the following NOES: COUNCILMEMBERS: CORREA, DILLON, MORALES, V ALIQUETTE and VELASCO GARTMAN AYES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: PINHEIRO Roland Velasco, Mayor Pro Tem ;;;~~ Rhonda Pellin, City Clerk IGB01610861.1 01-121803-04706089 -3- Resolution No. 2004-06 EXHIBIT A 1. MITIGATION MEASURES #1 through #11 contained within the Negative Declaration dated October 2, 2003for Rocha Subdivision for the subject project (940 Sunrise Drive), shall be applied to the approval of this Tentative Map in order to reduce and/or eliminate all potential significant impacts to a level of insignificance, as required under the California Environmental Quality Act (CEQA). 2. Subdivider shall defend, indemnify, and hold harmless the City, its City Council, Planning Commission, agents, officers, and employees from any claim, action, or proceeding against the City or its City Council, Planning Commission, agents, officers, and employees to attack, set aside, void, or annul an approval of the City, City Council, Planning Commission, or other board, advisory agency, or legislative body concerning this subdivision. City will promptly notify the subdivider of any claim, action, or proceeding against it, and will cooperate fully in the defense. This condition is imposed pursuant to California Government Code Section 66474.9. 3. Vector based e-files will be required prior to Final Map approval, readable by AutoCAD (IGES, DXF, DWG), containing lot and street layout and all City utilities. These files will be used to update the City's GIS system. 4. Prior to application for a building permit the Applicant will need Architectural & Site Review approval and review by the Historic Heritage Committee for permission do demolish the existing structures if over 50 years old. 5. Full frontage improvements are required for all new development. All streets must show sidewalks on both sides. 6. All work is to be done in compliance with the City of Gilroy Specifications and Standards. 7. Street improvements and the design of all storm drainage, sewer and water lines, and all street sections and widths shall be by City Standard. The developer shall provide full street, curb, gutter, sidewalk and electrolier improvements, 8. 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 the grades of all adjacent properties. 9. Certification of grades and compaction is required prior to building permit final. This statement must be added as a general note to the Grading and Drainage Plan. 10. If the project has excess fill that will be off-hauled to a site within the city limits of Gilroy, an additional permit is required. This statement must be added as a general note to the Grading and Drainage Plan. 11. All utilities to, through, and on the site shall be constructed underground, in accordance with Municipal Code Section 21.120. TM 01-07 2 11/21/03 12. Installation of underground utility lines, etc.: exceptions. New and existing utility lines, appurtenances and associated equipment, including, but not limited to, electrical transmission, street lighting, and cable television and telephone shall be required to be placed underground as required in Article V of this chapter starting with section 21.111 (Ord. #81-11, & 1, 3-16-81; Ord. #89-17, & 1, 10-16-89). 13. The developer shall file a Final Map. 14. The developer shall submit an estimate of the probable cost of off-site improvements with the Final Map submittal. 15. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final Map recordation. 16. In the event it is necessary to acquire off site easements or street rights-of-way, prior to Final Map approval the owner shall enter into an agreement to pay all condemnation costs, if necessary, for dedication of [the easements or street right-of-way]. The owner shall place a note on the Final Map agreeing to pay all condemnation costs. This agreement shall require the owner to deposit all condemnation costs with the City within 21 days of Final Map approval. The owner shall agree to provide an initial cash deposit as determined by the City. 17. Prior to Final Map approval and approval of the Improvement Plans, the following items will need to be completed: A. A signed original composite plan by the electrical design engineer shall be a part of the improvement plans. B. A letter from the subdivision design civil engineer shall be prepared which states that the composite plan agrees with City Codes and Standards and that no underground utility conflict exists, C. "Will Serve Letters" from each utility company for the subdivision shall be supplied to the City. D. The City will collect the plan check and inspection fee for the utility underground work. 18. 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 to City Codes and Standards, and to the approved subdivision improvement plans. 19. 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. 20. All lots shall drain to the street for storm drainage. 21. The developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. The composite drawings and/or utility improvement plans shall be signed by a licensed civil engineer. 22. Submit improvement plans for on-site and off-site (use City standards). TM 01-07 3 11/21/03 23. Submit a hazard Material clearance for the underground tank removal. 24. Submit an Erosion Control plan and Storm Water Pollution Prevention Plan. 25. The developer shall negotiate rights-of-way with Pacific Gas and Electric and other utilities subject to the review and approval by the Engineering Division and the utility companies. 26. The City check print must be returned with revisions. 27. Street trees shall be required according to the City's Consolidated Landscape Policy. Contact the Community Services Department for requirements on placement, species and maintenance. A street tree permit shall be obtained prior to obtaining a building permit. 28. Street Hydrants shall be spaced every 300 feet. 29. On-site hydrants shall be provided within 150 feet of any portion ofa building. Each parcel shall have its own connection to the public water main for its hydrant and fire sprinkler water supply. Large complexes shall have looped fire water systems. Hydrants, FDC and PIV to be at locations approved by the Fire Marshal. FDC' s shall be within 40 feet of a hydrant and hydrant to be on the same side of the fire access road as the FDC. 30. The water line shall be installed to connect the existing stub at Ohlone Way to the existing stub at Rodeo Drive. Size to be determined based on the water master plan and as approved by the City Engineer. EXHIBIT B NEGATIVE DECLARATION City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 City File Number: TM 01-07 (01080022) Proiect DescriDtion: Name of Project: Nature of Project: Fernando Rocha Tentative Map Application for a thirteen lot residential subdivision. Proiect Location: Location: 940 Sunrise Drive on the south side of the street, east of the Ohlone Way and Sprig Way intersection. Assessor's Parcel Number:783-20-047 Entitv or Penon(s) Undertakine: Proiect: Name: Fernando Rocha Address: 500 W. Middle Avenue, Morgan Hill, CA 95037 Staff Planner: Gregg Polubinsky, gpolubinsky@cLgi1roy.ca.us Initial Study: An Initial study of this project was undertaken and prepared for the purpose of ascertaining whether this project might have a significant effect on the environment. A copy of this study is on file at the City of Gilroy Planning Division, 7351 Rosanna Street, Gilroy, CA 95020. Roch Tentative Map Negative Declaration Findin2s & Reasons: The Initial Study identified potentially significant effects on the environment. However, this project has been mitigated (see Mitigation Measures below which avoid or mitigate the effects) to a point where no significant effects will occur. There is no substantial evidence the project may have a significant effect on the environment. The following reasons will support these findings: ~ The proposal is a logical component of the existing land use of this area and a logical expansion of City services. ~ Identified adverse impacts are proposed to be mitigated through construction of on-site improvements. 2 10/8/03 ~ The proposed project is consistent with the adopted goals and policies of the General Plan of the City of Gilroy. ~ City staff independently reviewed the Initial Study, and this Negative Declaration reflects the independent judgment of the City of Gilroy. ~ With the application of the following Mitigation Measures the proposed project will not have any significant impacts on the environment. Monitorin2 Pr02ram The basis for this monitoring program is the mitigation measures included in the project environmental impact report. These mitigation measures are designed to eliminate or reduce significant adverse environmental effects to less than significant levels. 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 negative declaration. Monitorin2 Pr02ram Procedures The City of Gilroy shall use the attached monitoring checklist for the proposed project. The monitoring program should be implemented as follows: A. The Gilroy Community Development Department should be responsible for coordination of the monitoring program, including the monitoring checklist. The Community Development Department should be responsible for completing the monitoring checklist and distributing the checklist to the responsible individuals or agencies for their use in monitoring the mitigation measures. B. Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring checklist have been complied with. Once all mitigation measures have been complied with, the responsible individual or agency should submit a copy of the monitoring checklist to the Community Development Department to be placed in the project file. If the mitigation measure has not been complied with, the monitoring checklist should not be returned to the Community Development Department. Roch Tentative Map Negative Declaration 3 10/8/03 C. The Gilroy Community Development Department will review the checklist to ensure that appropriate mitigation measures and additional conditions of project approval included in the monitoring checklist have been complied with at the appropriate time, e.g. prior to issuance of a use permit, etc. Compliance with mitigation measures is required for project approvals. D. 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 Community Development Department, describing the non- compliance and requiring compliance within a specified period of time. If non-compliance still exists at the expiration of the specified period of time, construction may be halted and fines may be imposed at the discretion of the City of Gilroy. Step 1 Prior to approval of the tentative map, the following mitigation measure shall be implemented: 3. Prior to approval of the tentative map, the applicant shall prepare a landscape plan,' indicating the location, size and species of existing trees found within the project site boundaries. The plan shall indicate which trees are planned for removal. Based on review of the landscape plan, the Planning Division shall determine which trees, if any, are "significant." If significant trees are determined to be located on the project site, they shall be retained, to the greatest extent feasible. The dripline of significant trees to be retained shall be fenced prior to grading activities to prevent root damage. If retention of all significant trees on the project site is not feasible, a written report shall be prepared by a certified arborist including the number and location of each significant tree to be removed, the type and approximate size of each significant tree, the reason for removal, and specifications for replacing significant trees to be removed. The written report shall be prepared prior approval of the tentative map. Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Planning Division 7. Project proponent shall revise the tentative map to identifY the location of the sound wall outside of the "sight triangle" as identified in Figure 1 of the sight line study (August 13, 2003). The tentative map shall be revised, subject to review and approval by the City Engineering Division, prior to approval of the tentative map. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division 6. Step 2 Prior to approval and issuance of the final improvement plans, the following mitigation measures shall be implemented: Project proponent shall submit a soils investigation prepared by a qualified soils. engineer prior to development on the project site. The soils investigation shall address site preparation and foundation design. The recommendation of the soils investigation shall be incorporated into final building plans, subject to the review and approval by the Gilroy Engineering and Building Divisions. Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Engineering Division Roch Tentative Map Negative Declaration 4 10/8/03 8. The project proponent shall construct a seven (7) foot high acoustically effective barrier consistent with the "sight triangle" as presented in Figure 1 of, Fire Station NO.3 Sight Line Study Technical Memorandum (August 13, 2003). The barrier shall have an airtight connection with the existing barrier on the property adjacent to the west. The barrier shall also have an airtight connection with the existing barrier on the Fire Station to the east. Sound barriers shall be constructed to provide for aesthetic appeal. The project proponent may choose to landscape, decorate (e.g., provide vegetation on the sound barrier, or create a mural), or implement other ideas to create a sound barrier that is visually appealing in accordance with City of Gilroy General Plan Policies 26.04 and 26.05. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division 9. To achieve interior noise exposure at 45 dB, the developer shall install operable windows with a minimum rating of Sound Transmission Class (STC) 27 at residences located within 180 feet of the centerline of Sunrise Drive. Prior to installation, the acoustical test report of all sound rated windows shall be reviewed by a qualified acoustician to ensure that the chosen windows will adequately reduce traffic noise to acceptable levels. Residences will only achieve the 45 dB interior exposure when the windows are closed. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division 10. Residences located within 180 feet of the centerline of Sunrise Drive and with a direct or side view of the roadway shall provide for mechanical ventilation that brings in fresh air from the outside of the house. Ventilation shall be provided in accordance with the Uniform Building Code (UBC), 1997 edition, Section 12.03.3. (See Appendix B of the Traffic Noise Assessment Study by Edward L. Pack Associates, Inc., included in the Initial Study under Appendix A.) Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Engineering Division Step 3 Prior to approval and issuance of a building permit, the following mitigation measures shall be implemented: 1. The project proponent shall specifY in project plans the implementation of the following dust control measures during grading and construction activities for the proposed project. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Engineering Division: · Water all active construction areas at least twice daily; . Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; . Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; . Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; and Roch Tentative Map Negative Declaration 5 10/8/03 . Sweep streets daily (with water sweepers) ifvisible soil material is carried onto adjacent public streets. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division 2. The following measures shall be incorporated into all project plans, subject to the review and approval of the City of Gilroy Engineering Division: . Idling time of construction equipment shall not exceed five minutes; . Limit the hours of operation of heavy-duty equipment and/or the amount of equipment in use; . All equipment shall be properly tuned and maintained in accordance with the manufacturer's specifications; . When feasible, alternative fueled or electrical construction equipment shall be used at the project site; . Use the minimum practical engine size for construction equipment; and . Gasoline-powered equipment shall be equipped with catalytic converters, where feasible. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division 4. Due to the possibility that significant buried cultural resources might be found during construction the following language shall be included on any permits issued for the project site, including, but not limited to building permits for future development, subject to the review and approval of the Gilroy Planning Division: If archaeological resources or human remains are discovered during construction, work shall be halted within 50 meters (165 feet) of the find until a qualified professional archaeologist can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. Party responsible for implementation: Party responsible for monitoring: Gilroy Planning Division Gilroy Planning Division 5. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the Planning Division shall ensure that this language is included in all permits in accordance with CEQA Guidelines section 15064.5(e): If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains . until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identifY the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. Roch Tentative Map Negative Declaration The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify an MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission, b) the descendent identified fails to make a recommendation, or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. 6 10/8/03 Party responsible for implementation: Party responsible for monitoring: Gilroy Planning Division Gilroy Planning Division 11. The following measures shall be incorporated into the project plans to mitigate ' construction noise, subject to the review and approval of the City of Gilroy Engineering Division: a. Construction shall be limited to weekdays between 7 AM and 7 PM aIld Saturdays and holidays between 9 AM and 7 PM, with no construction on Sundays; b. All internal combustion engine-driven equipment shall be equipped with muffiers that are in good condition and appropriate for the equipment; and c. Stationary noise-generating equipment shall be located as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division Date Prepared: October 2,2003 End of Review Period: October 31, 2003 Date Adopted by City Council: William F aus Planning Division Manager bfaus@ci.gilroy.ca.us I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2004-06 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 5th day of January, 2004, 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 10th day of February, 2004. J /'."'..,..2...'./ J . :,. / ~' ... , -~"- - . - /'j~ City' lerk ofthe City O~GiliOY (Seal)