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
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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.
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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
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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.
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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).
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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.
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~ 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.
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Negative Declaration
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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
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Negative Declaration
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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
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Negative Declaration
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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.
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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.
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City' lerk ofthe City O~GiliOY
(Seal)