Resolution 2004- 42
RESOLUTION NO. 2004-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING GP A 03-02, AN AMENDMENT TO THE
TEXT OF GENERAL PLAN SECTION 26, NOISE, FIGURE 8-3,
REGULATING PERMISSffiLE MAXIMUM OUTDOOR NOISE
LEVELS AND POLICY 26.05, EARTH BERMS, REGARDING
THE USE OF SOUNDW ALLS.
WHEREAS, the City of Gilroy ("the City") is proposing GP A 03-02, an amendment to
the text of General Plan Section 26, Noise, Figure 8-3, regulating permissible maximum outdoor
noise levels and Policy 26.05, Earth Berms, regarding the use of soundwalls; and
WHEREAS, the City Council at a study session September 15, 2003, reviewed
preliminary findings of the City's California Environmental Quality Act ("CEQA") Threshold
Study regarding the General Plan noise policies; and
WHEREAS, the City proposes that the permissible maximum outdoor sound level for
active outdoor living/recreation area of residences should remain at 60 dBA, but that outdoor
sound levels of up to 70 dBA on residential properties should be permissible if specific findings
can be made; and
WHEREAS, the City also proposes that the use of masonry walls, or soundwalls, as a
sound attenuation device for solving noise concerns adjacent to thoroughfares should be de-
emphasized; and
WHEREAS, the City Council on May 3, 2004, adopted a Negative Declaration in
connection with M 02-08, the CEQA Threshold Study, 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 City determined that GP A 03-02 is substantially consistent with this
approved Negative Declaration; and
\GB0\623363,1
01-050604-04706089
-1-
Resolution No. 2004-42
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 GP A 03-02, and recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on May 3, 2004, at
which time the City Council considered the public testimony, the Staff Report, a Supplemental
Staff Report dated March 18, 2004, and all other documentation related to application GP A 03-
02; 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.
SECTION I
NOW, THEREFORE, THE CITY COUNCIL FINDS THAT:
1. The text amendments to the City's General Plan, GPA 03-02, are in the public
interest in that they eliminate inconsistencies in project processing, and allow the
City greater latitude in working with the development community while meeting the
overall intent of the existing noise policies of the General Plan.
SECTION II
Based on the above findings, General Plan text amendment application GP A 03-
02 is hereby approved, and the City of Gilroy General Plan is hereby amended as set forth on the
revised Figure 8-3, Permissible Maximum Outdoor and Indoor Noise Levels, and Policy 26.05
Earth Berms, attached hereto as Exhibit A and incorporated herein by this reference.
SECTION III
This Resolution shall be in full force and effect thirty (30) days after the date of its
adoption.
\GB0\623363,1
01-050604-04706089
-2-
Resolution No. 2004-42
PASSED AND ADOPTED this 17th day of May, 2004 by the following vote:
AYES:
COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO and PINHEIRO
COUNCILMEMBERS: NONE
NOES:
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
~~
lbert Pinheiro, Mayor
ATTEST:
\ /// /] ,.:7
~~FZ ~~
Rhonda Pellin, City Clerk
\GB0\623363.1
01-050604-04706089
-3-
Resolution No. 2004-42
05/11/04 TUE 16:52 FAX 4089382579
BERLINER & COHEN
14J 002
EXHIBIT A
I
CHANGE #1
Figure 8-3. Permissible Maximum Outdoor and Indoor Noise levels
Land Use Category Max. Outdoor Max. Indoor
LDN (dBA) LDN (dBA)
Residential 601 45
Commercial 65 61
Industrial 76 see note 2
1 The outdoor sovnd levels for residential properties shall be held to 60-dBA, or a maximum of 70.dBA if
ALl" of the following FINDINGS can be made:
';>
>- That potential noise levels, exceeding the 60 dBA standard, are generally limited to less than 10%
of the entire project site;
That reasonably accepted sound attenuation measures have been incorporated into the project
design;
That potential noise levels are part of the developer's disclosure to future residents;
That interior noise limits established by the General Plan are strictly maintained; and
Potential noise levels will not jeopardize the health, safety, and general welfare of the public.
"
r
}:>
;,.
Nevertheless, a 60-dBA ovtdoor noise threShold shall be maintained for active living/recreation areas
FOR ALL DWELLINGS, rather than all yards surrounding an entire dwelling. AU residential dwellings
should be afforded a private outdoor living/recreation area [i.e.; rear yard space, covrtyard, patio.
terrace, deck, extended porch, veranda, etc,).
2 The indoor standards for industrial land uses have been set by the Occupational Safety and
Health Administration. The maximum level to be exceeded no more than 10 percent of the time
(Lto) is 65 dBA while the maximum level to be exceeded no more than 50 percent of the time (Lso)
is 60 dBA.
05/11/04 TUE 16:52 FAX 4089382579
BERLINER & COHEN
14I 003
CHANGE #2
Policy 26.05
Earth Berms. Require landscaped earth berms as an alternative to
soundwalls where feasible to buffer noise along major thoroughfares adjacent
to residential areas. Where an earth berm is not feasible, an alternative
design approach that may include a masonry wall screened with drought
tolerant, low maintenance landscaping should be explored that is sensitive to
the natural and man-made envirohment.
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2004-42 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
17th day of May, 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 19th day of May, 2004.
~~.
City C erk of the City of Gilroy
(Seal)