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Resolution 2004- 07 RESOLUTION NO. 2004-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S 03-37, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR THREE SINGLE-FAMILY HOMES ON A 16,093-SQUARE-FOOT PORTION OF APPROXIMATELY 7.14 ACRES ON THE WEST SIDE OF CHURCH STREET, SOUTH OF F ARRELL AVENUE, APN 790-47-061 WHEREAS, Red Line Corporation, the applicant, submitted A/S 03-37, an application for architectural and site approval of a Planned Unit Development ("PUD") for three single- family homes on a 16,093-square foot portion of approximately 7.14 acres on the west side of Church Street, south of Farrell Avenue, APN 790-47-061; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council on April 15, 1996, adopted a mitigated Negative Declaration for zone change application Z 95-10 which applies to this project, the City Council 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 meeting on December 4, 2003, at which time the Planning Commission considered the public testimony, the Staff Report dated November 24, 2003 ("Staff Report"), and all other documentation related to application A/S 03-37 and recommended that the City Council approve said application with conditions; and WHEREAS, the City Council held a duly noticed public meeting on December 15, 2003, at which time the City Council considered the public testimony, the Staff Report, a Supplemental Staff Report dated December 5,2003, and all other documentation related to application A/S 03- IGB01611192.1 01-12220341706089 -1- Resolution No. 2004-07 37; and 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 project fills a specific need of the surrounding area for an increase in housing stock by maximizing housing in this development. 3. The project is an infill project and therefore does not require urban services beyond those that are available at the project site. 4. The project plan is harmonious and integrated into the existing PUD, providing landscaping that 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, including a landscape buffer area at the intersection of Farrell Avenue and Church Street, that meet the intent of the Planned Unit Development ordinance and exceed minimum City requirements. IGB01611192.1 01-12220341706089 -2- Resolution No. 2004-07 7. The project's housing units and open space areas are attractive and blend with the character of the surrounding area. 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, as necessary. B. A/S 03-37 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 Mitigation/Monitoring Program and the sixteen (16) 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 AYES: COUNCILMEMBERS: CORREA, DILLON, VELASCO and PINHEIRO MORALES, NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: GARTMAN and VALIQUETTE NONE APPROVED: ~c:- ert inheiro, Mayor AU~~ . J ":::ls(!fcrt1...dtZ l ~~ ~~ ' Rhonda Pellin, City Clerk - IGB0\611192.1 01-12220341706089 -3- Resolution No. 2004-07 A/S 03-37, Red Line Corporation Final Conditions of Approval Plannin2 Division (contact Melissa Durkin at 846-0440) 1. MITIGATION MEASURES #1 THROUGH #16. 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 ofthe Planning Division. 2. 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 pennit. 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 ofthe Community Services Division 4. The developer shall place a deed restriction on Lot 3 requiring the landscape area at the southwest corner of Farrell A venue and Church Street to be maintained a s a I andscape a rea. T he de ed restriction shall also state that any future fencing around this area be restricted to wrought iron, tubular steel, or another similar, open fencing material. Wire mesh fencing shall be prohibited. The applicant shall provide a copy 0 ft he de ed restriction I anguage to Planning Staff prior to building permit issuance. 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 Kristi Abrams 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. EXHIBIT A A/S 03-37 Final Conditions of Approval 2 12/29/03 10. A S CVWD 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. II. 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 plantcd near the propcrty line should be placed such that they do not overhang the property line, or are of a variety that can bc 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 ut ilities to, through, and 0 n t he 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 ofthe Engineering Division. 18. Separate review, approval, and permitting are required for all joint trench (underground utility) plans. Fire Department (contact Rodger Maggio at 846-0430) 19. Hydrant locations and water main sizing shall be subject to approval by the Deputy Fire Marshal. 20. 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. EXHIBIT A ( " EXHIBIT "B" .(' Planning Department NEGATIVE DECLARATION city of Gilroy 7351 Rosanna St. Gilroy, CA 95020' (408) 848-0440 City FDe Number: TM 95-05 prqjed Description: Name of Project: Nature of Project: Alderwood Tentative Map Request to subdivide three parcels totalling 10.3 acres into 62 lots, and perform design review of the homes resulting from this subdivision. PrQjed Location: Location: South of Farrell Avenue, between Church Street and Monterey Street Assessors Parcel Numbers: 790-47-001,002 and 003 Entity or Person(s) Dnden.kini PrQject: Name: Address: South County Housing 7455 Carmel Street, Gilroy, CA 95020 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 Department, 7351 Rosanna Street, Gilroy, CA 95020. Findinp & Reasons: The Initia1 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 fonowing reasons will support these findings: 1. The proposal is a logical component of the existing land use of this area. E><HIBIT B ( Preliminary Negative Dec1arationfl'M 95-05 Page 2 12/27195 2. Identified adverse impacts are proposed to be mitigated through preparation of special studies, and construction of off-site improvements. 3. The proposed project is. consistent with the adopted goals and policies of the General Plan of the City of Gilroy. 4. The Initial Study was independently reviewed by City staft: and this Negative Declaration reflects the independent judgement of the City of Gilroy. Mitiption Measures: 1. The project shall be designed in accordance with earthquake design regulations of the Uniform Building Code, subject to the review and approval of the City Building Division. 2. A soils investigation shall be prepared for the project by a qualified soils engineer. The recommendations of the soil investigation shall be incorporated into the final improvement plans and shall be reviewed and incorporated into the final improvement plans and shall be reviewed and approved by the City Engineering Division prior to approval of the final map. The purposes of the soils investigation are to determine the exact soil characteristics and limitations on the site, and to recommend appropriate engineering specifications for development of the site. 3. The design and constIUction of all stonn drainage improvements serving the project site shall be provided by the developer, subject to review and approval by the City Engineering Division. These design plans shall include, but not be limited to: a Applicable storm water source and treatment-based best f11Rnagement practices, applied and maintained, as recommended in the California Storm. Water Best Management Practice Handbook. b. Provisions for periodic sweeping for roadways, driveways, and parking areas on the project site. c. A design to reflect the CitYs Stonn water Master Plan. d. Paved areas that are designed to minimize drainage that is channeled to one location. Pathway paving shall be kept to a minimum and shall be porous in nature wherever feasible. e. Drainage tacilities shall be designed and installed to collect and transport the natural flows in the hillside away from the streets and buildings and into approved drainage structures. (,. c- Preliminary Negative DeclarationfI'M 95-05 Pase 3 12127195 4. Developers sbaD pay the appropriate storm drain development fees, subject to review by the City Engineering Division, prior to building permit issuance. S. The developer shall apply for and obtain a General Permitfor Storm Water Discharges Associated with Construction Activity by submitting a completed Notice of Intent (NOI) form and appropriate payment to the State Water Resources Control Board prior to the issuance of a building permit. Further, the developer shall be required to comply with the terms of this permit during and after construction of the project. These terms include, but are not limited to, the following: The use of water quality controls (i.e., Best Management Practices) both during and after construction, for example: a. Design project to focus on minimi7.ing directly connected imPervious surfaces, to provide for slowing of storm water flows and increasing recharge potential; b. Stabilizing denuded areas prior to the wet season (October 1 through May 1); c. Limiting construction access routes and stabilizing access points; d. Protecting adjacent properties with sediment barriers, dikes or mulching; e. Using proper coDStnlction material and coDStnlction waste storage, handling, and disposal practices; f. Protecting outdoor storage materials from drainage with berms and roof Covers; g. Using appropriate landscape controls (inigation and application of fertilizers, herbicides and pesticides); and ' h. Installing structural storm water treatment controls such as wet ponds, swales, vegetated filter strips, extended detention basins and sand filters. 6. For exterior noise contro~ the developer shall construct an acoustically effective barrier along the property line contiguous with Monterey Road. The barrier shall be sufficient to reduce future sound levels to those enforced by City ordinance. The barrier shall extend from the side of the residence at Lot 1 to the comer of the property line at Lot 26. The acoustically-effective barrier could include a combination ofberming and a wall. To prevent flanking noise, the barrier shall continue along the south property line. The barrier shall be identified on the final map and the design of the wall included in the final improvement plans. They shall be subject to review and approval by the Planning Division prior to approval of the final map. (' c Preliminary Negative Dec1aratioDITM 9S-05 Page 4 12/27195 7. For.interior noise contro~ all windows on second floors and unshielded first floor living spaces of homes within 315 feet of the centerline of Monterey Road, and with a. direct or side view of the roadway, shall remain closed at all times. At spaces within the 92 feet of the centerline of the road, install window rate mininnJm Sound Tral1mnission Class (STC) 33. At spaces between 92 feet and 315 feet of the centerline of the road, install windows rated minimum STC 28. AIl other windows of the project, including bathroom windows, may have any type of glass. Alternatively, the STC 28 windows specified above to be maintained and closed may be kept open 50 percent of the time for natural ventilation, however, they must be fitted with windows rated minimum STC 37. When windows are maintained closed for noise contro~ some type of mechanical ventilation to assure a habitable environment should be provided. The mechanical ventilation requirements are specified by the Uniform Building Code. The windows specified to be maintained closed are to be operable, as the requirement does not imply a "fixed" condition. AIl other windows and all bathroom windows may have any type of glazing and may be kept opened as desired unless the bathroom is an integral part of a living space without a closable door, such as is sometimes found in a master bedroom suite. 8. Final improvement plans shall include a vegetation plan. The vegetation plan shall be prepared with the intent of shielding the banier, paying special attention to the location where the future and existing acoustical baniers will meet. Electrical service and a two-inch water service shall be provided to the landscaped area. This vegetation plan shall be subject to review and approval by the Gilroy Planning Division, prior to approv8Iofthe final map. - 9. The developer shall either fund or provide a funding mechanism for the maintenance of the acoustically effective banier and landscaping. The proposal for the funding mechanism shall be subject to review and approval by the Gilroy Planning Division, prior to approval of the . final map. 10. Prior to development of the site, the developer shall pay required City of Gilroy Public Safety impact fees. 11. The developer shall provide statutory impact fees to the Gilroy Unified School District. 12. Prior to development of the site, the developer shall pay required City of Gilroy Parks and Recreation impact fees. c c Preliminary Negative DeclaratioDITM 95-05 Page 5 12127195 13. AD on-site weDs. shaD be permanently capped in compliance with the standards set forth by the Santa Clara Valley Water District and the City Engineering Division prior to the issuance of a building permit. 14. The design ofalI sewer line improvements serving the project site shall be provided by the developer, subject to the review and approval of the City Engineering Division. 15. The design of alIstonn drainage improvements seIVing the project site shall be provided by the developer, subject to the review and approval of the City Engineering Division. 16. Ifarcheological resources or human remains are discovered during construction, work shall be halted within 50 meters (150 feet) of the find until it can be evaluated by a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be fonnulated and implemented. This wording shall be incorporated into any permits issued for construction of the proposed project. Date Prepared: December 27, 1995 End of Review Period: January 22, 1996 Date Approved By City Council: AI'~~ 's, I"~ ~Jf .~'F~ ~Lonner ill V I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No, 2004-07 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 ~l(lYidA C. .U~~' City CRrk of the City of Gilroy (Seal)