Resolution 2004- 59
RESOLUTION NO. 2004-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING A/S 03-30, AN APPLICATION
FOR ARCHITECTURAL AND SITE APPROVAL OF A
PLANNED UNIT DEVELOPMENT (PUD) FOR A 137-
HOME RESIDENTIAL SUBDIVISION ON
APPROXIMATELY 13 ACRES AT THE SOUTHEAST
CORNER OF WREN AVENUE AND FIRST STREET, APNS
808-12-011,026,027,028 AND 808-08-11
WHEREAS, Oak Commons/O'Brien Group, the applicant, submitted AlS 03-30, an
application for architectural and site approval of a Planned Unit Development ("PUD"), a 137-
home residential subdivision on approximately 13 acres at the southeast comer of Wren Avenue
and First Street, APNs 808-12-011, 026, 027, 028 and 808-08-11; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City
Council on May 3, 2004, adopted a mitigated Negative Declaration for 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 April 21,
2004, at which time the Planning Commission considered the public testimony, the Staff Report
dated April 9, 2004 ("Staff Report"), and all other documentation related to application AlS 03-
30, and recommended that the City Council approve said application with conditions; and
WHEREAS, the City Council held a duly noticed public meeting on May 3, 2004, at
which time the City Council considered the public testimony, the Staff Report, a Supplemental
Staff Report dated April 22, 2004 ("Supplemental Staff Report"), and all other documentation
related to application AlS 03-30; and
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Resolution No. 2004-59
WHEREAS, the City Council determined that the thirty-one (31) conditions should be
incorporated in the project, as set forth in the Staff Report and Supplemental Staff Report 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 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 in that while the project is minimally non-
conforming to the site's land use designation, it is clearly consistent with the
intent of the General Plan's goals and policies.
2. The project fills a specific need of the surrounding area by providing a higher-
density and quality design residential development near shopping and
transportation corridors.
3. The project does not require urban services beyond those that are available at
the project site on Wren Avenue.
4. The project plan is harmonious and integrated and is consistent with Planned
Unit Development standards and policies.
5. The project is an in-fill development completely surrounded by commercial,
office and public facilities and therefore reflects and economical and efficient
use of this property.
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Resolution No. 2004-59
6. The project includes a large park and landscaping as well as a landscaped
entryway, meeting the intent of the Planned Unit Development ordinance and
exceeding minimum City requirements.
7. The project utilizes aesthetic design principles to create attractive market rate
single- family courtyard homes that are unique to Gilroy and will provide an
attractive development that harmonizes with the character of the surrounding
areas.
8. The project will not create traffic congestion, noise, odor or other adverse
effects on the surrounding areas, as Wren Avenue and First Street are well
designed to accommodate the increased traffic from these homes.
9. The project, which includes a private street with on-street parking, provides
adequate access, parking, landscaping, trash areas and storage, as necessary.
B. A1S 03-30 should be and hereby is approved subject to
1. The thirty-one (31) final conditions of approval attached hereto as Exhibit
A, and incorporated herein by this reference.
2. The Mitigation/Monitoring Program and the twelve (12) mitigation
measures set forth in the Negative Declaration, attached hereto as
Exhibit B, and incorporated herein by this reference.
SECTION II
This Resolution shall become effective, and approval of A1S 03-30 granted, if, and only
if, and upon the same date that Ordinance No. 2004-08 approving Z 03-14B becomes
effective. If said Ordinance does not take effect, then A1S 03-30, without further actions
by the City Council, is denied.
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Resolution No. 2004-59
PASSED AND ADOPTED this 7th day of June, 2004 by the following vote:
AYES: COUNCILMEMBERS:
CORREA, DILLON, MORALES,
V ALIQUETTE, VELASCO, and PINHEIRO
GARTMAN
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
NONE
APPROVED:
~~
. 1 1 eiro, Mayor
ATTEST:
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Rhonda Pellin, City Clerk
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Resolution No. 2004-59
EXHIBIT A
Z 03-14, TM 03-05, AS 03-30
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APPENDIX 2: Architectural & Site Review
1. Time Limits. If any development for which a SPE has been granted is not established within one (1)
year from the date of approval, the SPE approval shall be deemed automatically revoked. Upon
application, an extension of time may be granted by the Planning Director.
2. An RDO Performance Agreement must be completed prior to the completion of any Final Map.
3. This Architectural & Site Review application is good for one year from. the date of approval. The
Planning Director may approve a one year extension upon written request prior to expiration.
4. At the time of Building Pennit submittal all of the following Conditions of this Staff Report will be
listed on the construction drawings in a prominent place at the front of the drawing set.
5. A covered patio structure is permitted to encroach into the rear yard setback by only as much as the
house does,
6. A play structure for small children will be placed in the park consisting of a slide and platform with
one additional option.
7, A landscape plan will be submitted prior to Building pennit approval showing the common areas of
the park and Wren Avenue frontage landscaping.
8. A landscape plan will be submitted prior to Building Permit approval showing an integrated and
complimentary front yard landscaping for all of the houses.
9. All of the front yard landscaping and common area landscaping shall have 30% of its plant material
of a size greater than minimum; i.e. 24" box trees, 15 gallon shrubs, 5 gallon perennials.
10. Plans for new landscaping 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 Landscape Policy,
and the approved specific landscape plan.
11. Trash pads will be supplied for all homes.
12. Building colors shall be compli~entary throughout the subdivision.
13. All construction activity is restricted to the following hours: 7AM to 7PM weekdays, 9AM to 7PM
Saturdays and City holidays, no construction activity is allowed on Snndays.
14. If mechanical equipment is located on the roof of a building an architectural feature of the building
shall screen it, such that it cannot be seen from grOlUld level at the far side of the adjacent public right-
of-way.
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15. The developer/applicant must obtain a sewer allotment for this project, and sign a sewer allotment
agreement prior to the issuance of any building permits, subject to the review and approval of the
Engineering Division.
16. Off-site street improvements shall be subject to review and approval by the Engineering Division.
17. A grading plan. must be provided subject to the review and approval of the Engineering Division.
18. Retaining walls are to be of masonry construction and require a building permit; wood shall not be
permitted
19. Pad for trash receptacles shall be provided off private streets.
20. The Engineering Division shall approve all hydrant locations and water main sizing prior to building
permit issuance. Equipment and staffing shall be provided for watering of all exposed or distUrbed
soil surfaces at least twice daily. An appropriate dust palliative or suppressant, added to water before
application, shall be utilized, subject to review and approval by the Building, Life, and Environmental
Safety Division.
21. The private street width does not provide for parking and shall be signed or curb painted to prohibit
parking.
22, Street trees are required under the City's Street Tree Policy, Contact the Community Services
department for requirements on placement, species and maintenance.
23. Hydrants are required to be spaced 300 ft. Final hydrant location to be reviewed and approved by the
Deputy Fire Marshal prior to final map filing.
24. Road widths shall be as follows, or an exception frOIn the Fire Chief obtained.
d. 20 ft. no parking on either side
e. 28 ft. no parking on one side.
f, 36 ftparking not restricted.
25. Where parking is restricted, it shall be posted with signs for No Parking-Fire Lane and curbs shall be
painted red. Signage and curb painting shall be maintained in good condition. The parking
enforcement plan shall be reviewed and approved by Deputy Fire Marshal prior to the final inspection
of the fIrst unit built. The parking enforcement plan shall be provided by the developer for the HOA
to follow, and shall be included in the CC&R's.
26. Due to the configuration of streets and units in this PUD all residential units shall be provided with
a Fire Sprinklers meeting the NFP A 13D requirements. This condition shall be noted on the final map
cover page.
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27, Access Roadways shall not be gated unless a separate gating plan is submitted and approved. Gating
shall only be allowed if electric and provided with Opticom Automatic Opening devices matching the
Fire and Police system. TIlls condition shall be noted in the CC&R's and noted on the final map cover
page.
28. House numbers shall be clearly visible from the street. lfthe house is recessed the house number shall
be provided at the driveway entrance and at a height of not less than 36 inches from the ground. All
main address numbers shall be a minimum of 2.5 inches in height with a 3/8 inch stroke and placed
to read from left to right and/or top to bottom.
29. BLES has attached conditions to this staffreport dated January 27,2004 and November 14,2003.
30, Architectural articulation will be added to all windows not otherwise detailed on rear and side
elevations subject to approval by Staff.
31. Park construction will be completed prior to issuance of the Certificate of Occupancy of the 100th
residential strocture. '
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EXHIBIT B
Community Development Department
Planning Division (408) 846-0440
NEGATIVE '
DECLARATION
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
CitY FDe Number: AS 03-30, TM 0~-O5 and Z 03..14
Project Deseriotion:
Name ofprojeet: Oak CommonsPuo
Nature of Project:, .'
. .The proposed project is a planned unit development (PUD) application that includes a Zone
Change, Tentative Map, and Architectural and Site Review. The zone change component of the
proposed project consists of changing the zoning from R4 - High Density Residential and PO - ,
Professional'Office Space, to R3 PUD - Medium Density Residential Planned Unit Development.
The General Plan indicates that land designated for High Density Residential uses can have a
Planned Unit Deyelopment combining district' as an overlay designation.
The Tentative Map comp~nent of the proposed project consists of subdividing five parcels into
six parcels (parcel A-F) and development of 137 residentitillots, The six ,parcels would be sized as
follows: Parcel A (6,280 square feet), Parcel B (1,110 square feet), Parcel'C (1 acre). Parcel D
(4.1 acres), ParCel E (1,620 square feet), and Parcel F (1,130 square feet). The residentia110ts
would range in size between 2.000 and 5.000 square feet, while the majority of the residentiallots
would.be between 2,000 and 3,000 square feet. The applicant bas received a Residential
Develop~ent Ordinance (RDO) allocation for 137 residential units. The Tentative Map also
includes a park and pool amenity on Parcel c.
The density of the development would be 10,5 units per acre. The proposed project would include
roads, sidewalks, and public serviqe infrastructure, The full application' package is available at the
Gilroy City Hall.
:Public utilities would consist of the following: City of Gilroy water. sanitary sewer, stonn drain,
fire, and police; PG&E electricity; Charter Communications television; and Verizon telephone.
The proposed project would require approximately 54,300 cubic yards of fill and 28,3QO cubic
, yards of cut. Approximately 26,000 cubic yards offill must be imported from offsite.
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Proiect Location:
Location:
East ofW,.en Avenue and south of First Street
Assessor's Parcel Number:808.12-011, -026, -027, -028, 808-08-011
Entity or Penon(s) UndertalUDI! Proied:
Name: The O'Brien Group
Address: 2001 Winward Way, Suite 200
San Mateo CA 94404
(650) 377-0300
StafrPlanDer: Gregg Polubinsky, gpolubinsky@cl.sUroy.ca.us,
Initial ~tudv:
An Initial study of this project was undertaken and prepared for the pwpose, 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.
Findinp & Reasons:
The Initial Study identified potentililly 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
bave' 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. '
> The proposed project: is consistent with the adopted g()als and policies of the General Plan of
the City of Gilroy.
> Ciiy staff independently reviewed the Initial Sfudy. 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.
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MonitoriDt! Proeraro
This monitoring program is based on the mitigation measures included in the project initial study.
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 aU appropriate mitigation measures in the
, negative declaration. '
Moo.tori.1!! Pro,ram 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 Gikoy 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. moni~oring the mitigation
measures.
B. Each responsible individual or agency will then be responsible for detennining whether the
, mitigation measures contained in the monitoring checklist' have been complied with. Once all
mitiga~on measures have been complied with, the respoDSlbleindividual 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 ~ not been complied wi~ the
monitoring checklist should not be retwned to the Community Development Department,
C, The Gilroy Community Development Department will review the checklist to ensure that
appropriate mitigation me8sures 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 res~I1S1Dle 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-c.ompliance 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 tines may be
imposed atthe discretion of the City of Gilroy, "
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Step 1. Prior to approval and issuance of the tinal improvement plans, 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: (Modified Gilroy General Plan EIR
Mitigation Measure 4.6-A) ,
The fonowing measures shall be implemented at all construction sites:
. 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 tUneS daily,or apply (non-toxic), soU stu,ilizers on all
unpaved access roads, parking areas and staging areas at cons~ction sites;
, . Sweep daily (with water sweepers) all paved access roads, parking areas and staging
areas at construction sites; and
. Sweep streets daily (with water sweepers) if viSible soil material is carried onto
adjacent public streets.'
The following ~sures should be implemented at constrUction sites greater than f~ur acres in
area: '
. All those mea~e listed above;'
. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas
(previously graded 'areas ~ive for fourteen days or more);
. . Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed
stockpile$ (dirt, sand, etc.);
. Limit traffic speeds on unpaved roads to 15 mph;
. 1i1StaU sandbags or other erosion control measures to prevent silt runoff to public
ro~dways; and '
.' Replant vegetation in disturbed areas as quickly as possible,
the following measures shall be implemented at construction sites that are large in, area,
located near sensitive receptors or which for any other reason may warrant additional
emissions reductions:
. Pla~ 100 linear feet of 6 to 8 inch average diameter cobble at all exit points to
dislodge and trap dirt from vehicle tires; ,
. Suspend excavation and grading activity when winds (instantaneous gusts) exceed
25 miles per hour; and
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· Limit the area subject to excavation, grading and other construction activity at any
one time.
Party responsible for implementation:
Party responsiblefor monitoring:
A.pplicant
Gilro)l 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: (Adopted Gilroy General Plan EIR
, Mitigation Measure 4.6-B) . '
.
The idling time of all construction equipment shall not exceed five minutes;
Limit the hours of operation of heavy duty equipment andlor the amount of
equipm.entinuse~' '
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 minimtim practical engine size for construction equipment; and
Gasoline~power~ equipment shall be equipped with catalytic converters. where
feasible.
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, Party responsible for implementation:
Party respoTlSible for monitoring:
Applicant
Gilroy Engineering Division
7. the, project applicant shall submit a Notice of Intent (NO!), detailed engineering designs,
and a stonn water ponution prevention program to th~ Central 'Coast RWQCB to obtain a
National Pollution Discharge Elimination System (NPDES) General Construction pennit
prior to any grading or construction activities. This permit shall require, implementation of .
an approved SWPPP that uses storm water "Best Management Practices" to control
, runo1f, erosion and sedimentation from the, site, The Storm Water Pollution Prevention
Program'is subject to feview and approval by the Central Coast Regional Water Quality
Control Board and the Gilroy Engineering Division. (Modified Language of Adopted
, Gilroy General Plan ElR. Mitigation Measure 4.10-C) ,
Party responsible for implementation: AppliCant
Party responsible for monitoring: Gi/roy Engineering Division
, Step 2 Prior to approval and issuance of a building penn it, the following mitigation measures
shall be implemented: '
, 3. Subject to the review of the City of Gikoy Planning Division, no more than 30 days prior
to the removal of any habitat that would occur during the nesting and/or breeding' season
of protected birds potentially nesting on the project site (generally March 1 through
August 1). A field survey shall be conducted by a qualified biologist to determine if active
nests are present in the construction zone or within 200 feet of the construction zone.
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Areas within 200 feet of the construction zone that are not within the control of the
applicant shall be visually assessed from the project site, If active nests are found within
the survey area, clearing and constmction within 200 feet .of the active nest(s) shall be
postponed or halted until the nest(s) are vacated and juveniles have tledged and there is no
evidence of a second attempt at nesting, at the discretion of the biologist.
Party responsible for implementation:
Party responsible for m()nitoring:
Applicant
, Gilroy Planning Division
4. ' The following measures shall be taken during construction to care for the protected oak
trees subject to the review of the City of Gilroy Planning Division:
. ' The project proponent shall arrange for a prewcOnstruction meeting on the project
site with a qualified arborist to detenpine the exact measures necessary to ensure
protection of the oak trees during. construction; .
. Around each oak tree to be protected, a boundary of orange snow netting or high
visibility plastic fencing supported by w()od or metal stakes shall be erected along'
the approximate driplines of such protected trees to define the limits of '
construction. In areas where tUI will be placed, bay bales Should be pla~ just
inside the protective fencing to reinforce the'boundary and ptevent migration of fill
onto tree trunks;
. The trees shall be protected from inadvertent damage by constructi.on,equipnient
through wrapping of trUnks with protective materials, bridging or tunneling under ,
major roOts where exposed, and other measures appropriate and necessary to
protect the well-being of the protected trees;' . '
. No storage of equipment or construction materials, or parking ofveQic1es is
permitted beyond the limits of the construCtion boundary. , '
. No sOil may be removed from within the dripline of any tree arid no fill of additional
soil shall be placed within the driplines of trees, Fill over existing ro,ot zone systems
should be minimized by removing spoils from the project site, incorporating them as
engineered fill beneath driveway, parking areas or structures. or spread thinly and
always retained away from trunkS (a minimum of one foot clearance) and as much
rooting area as possible; . '
. Grading shall not occur within the root zone (1.5 times ~he distance of the dripline)
of any of the protected oak trees, unless the grading is part of the approved grading
plan, and it is not posSlDle to work around the protection zone. Protective fencmg
shall be installed around the protection zone and at no time shall grading occur in
eXc.esS of ten feet past the linlits of the building footprint when the grading is
, located within the root zone; ,
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· Bark injury to any tree from equipment or materials is not acceptable and shall be
prevented by respecting the protective fencing at the limits of construction. If at
anytime the limits of construction is entered by construCtion equipment,
construction shall halt until a certifi~ arborist determines the damage and provides
recommendations for mitigating the damage and repairing the protective fencing.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Planning Division
5. Due to the possibility that significant buried cultural resources 'might be found during
constnl.cUon" the following language shall be inclu~ed on any pennits 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 SO meters (165 feet) of the find until a qualified profe:;sional
archaeologi~ . can evaluate it" If the find is .determined to be significant, appropriate
mitigation measures shall be formulated and implemented (Gilroy General Plan Policy
5.07).
Party responsible for implementation:, '
Party responsible for monitoring: .
Applicant
Gilroy Planning Diyision
6. ' In the event of an accidental discovery or recognition of any human remains in any
location other than a dedicated cemetery, the City shall ensure that this language is
included iri all permits in accordance with CEQA Guidelines section 15064.5(e), subject to
, the review and approval of the City of Gilroy Planning Division:
If human renuiins are found dunng 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 COUDty is contacted to detennine 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 C.onumssion shall identify the person or,
persons it believes to be the most likely descendent (MLD) from the deceased Native
American. The MLD may then make recommendations to the landowner or the person
. responsible for the excayation 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 ssSOGiated grave goods with appropriate
dignity on the property in a location not subject to further disturbance If: a) the Native
American Heritage Conunission is unable to id~ntify a 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 recommendatio~ or 0) the landowner or bis authorized
representative rejects the recommendation of the descendent. and the media.tion by the
Native American Heritage Commission fails to provide measures acceptable to the '
landowner.
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Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Planning Division
8., To achieve compliance with the 60 dB DNL standard of the City ,of Gilroy Noise Element
for the noise impacted exterior living spaces along Wren Avenue. the following noise
control bamer will be required, subject to the review and approval of the City of Gilroy
Engineering Division: '
a. Construct acoustically effective baniers at Lots 1 to 7, 8 to 13, behind lot 14,
:behind lot 135, and from 136 to 137. The barriers shall extend from one house to
the other to shield rear and'side yards afI'ected'by traffic noise: To achieve an .
, , acoustically e1fective barrier, it must be con~cted airtight, i.e" without cracks,
gaps or other openings, and must provide for long-term durability. ,Baniers can be
constructed of masonry, wood, stucco, earth berm or a combination thereof and
must have a minimum surface weight of2.5 lbs, per sq. ft. Ifwood construction is
used, homogeneous sheet materials are preferahleto conventional wood fencin&
as the latter has a tendency to warp and form openings with age. However. high
quality airtight tongue-aoo-groovC; board and batten or shiplap construction can
be used. All connections with posts or pilasters must be sealed airtight., No
oPenings are permitted between the upper barrier'components and the'ground.
b. The barrier at Lot 1 shall be 7 ft., high and continue ai 7 ft,high along the rear
property line contiguous with Lot 7. The banier may be reduced to 6 ft. high to
connect to the house on:Lot 7.
c. ' The barrier at Lot 8 shall be 7 ft, high and continue at 7 ft. high along the rear
property line contiguous with Lot 13. The barrier may be reduced to 6 ft. high to
Connect to the house on Lot 13.
d. The barrier at Lots 14, 135, 136, and 131 shall be a minimum of6 ft. hi~,
e. The required barrier locations are presented in Figure 7, The barrier heights are in
reference to the nearest building pad elevation. If the barriers need to be re-located
for aesthetic reasons, to sbield parts of the building facades, or for any other.
reason, the new locations shaII be reviewed and approved by a qualified
acoustician. '
Party responsible for implementation:
Party responsible for monitoring:
AppliClUlt
Gilroy Planning Division
9, To achi,eve compliance with the 45 dB DNL standard of the City of Gllroy Noise hlement '
for interior noise exposures in project living spaces, the foUowing noise control measures
shall be required subject to the review and approval of the City of Gilroy Engineering
Division:
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a: Maintaip closed at all times all second floor and unshielded (a view beyond a noise control
barrier) first flOOf windows within 135 ft. of the centerline of Wren Avenue and with a
direct or side view of the road. The windows specified to be maintained closed are to be
operable, as th~ requirement does not iniply a "fixed" condition. All other windows and all
bathroom windows .may have any,type of glazing ind may be kept opened as desired
unless the bathroom is an integral part of a living space without a closeable door.
b. Install windows rated minimum Sound Transmission Class (STC) 28. In addition
to the required STC ratings, the windows and doors shaD. be installed ii1 an '
acoustically effective manner. To achieve an acoustica1ly-e~ve Window
Construction, the sliding window panels must form an air-tight seal to the outside
environment when in the closed position and the window frames must be caulked
to the wall opening around their entire perimeter with a non-hardening caulking ,
compound to prevent sound infiltration, Exterior doors must seal airtight around
the full perimeter when in 'the closed pOsition. An acoustical test report of all
sound rated windows. should be'feviewed by a qualified acoustician to ensure that
the chosen windows will adeq~tely reduce traffic noise, to acceptable levels.
c. Provide some type of mechan1ca1 ventilation to assure that the indoor environment
is habitable, The Ui1iform Building Code (UBC) specifies the mechanical
ventilation requirements,
Party responsible for implementation:
Party reswnsible for monitoring:
Applicant
Gilroy Engineering Division
10. As part of normal City review' and approval procedures for the proposed project, the
,folloWing measures shall be incorporated to mitigate ,construction noise, subject to the
review and approval of the City of Gilroy Engineering Division: (Modified Gilroy General
Plan Em. mitigation measure 4.7-B) ,
a. Limit construction activity to weekdays between 7 AM and 7 PM and Saturdays and
holidays between 9 AM and 7 PM, with no construction on Sundays;
b. Require that all internal combustion engine-driven equipment are equipped with
muftlers that are in good condition and appropriate for the, equipment;
c. ' Locate stationary noise-generating equipment as far as possible from sensitive
receptors: when sensitive receptors a~join or are near a constnlction project area..
Party responsible for implementation: , Applicant
Party responsible for monitoring: Gilroy Engineering Division
II. Subject to the review and approval of the Gilroy Engineering Division, the project
'proponent shall implement the following off-site improvements: '
a. Add a second northbound left-turn lane on Wren Avenue at First Street. Prohibit on-
street parking on Wren Avenue south of First Street to facilitate the additional left
turn lane.
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b. Signali.i..e the Wren. Avenue/fhird Street intersection and restripe the eastbound and
westbound Third Street to include one left-turn lane and one shared tbrough/right-
tum lane;
c. Re-stripe eastbound First Street at Monterey Street to include one left-turn lane and
one shared left..tumltbrougblright..tum lane.
d, ,Constroci sidewalks on the discontinuous portion of Flfst Street between the First
Street project entrance and l\1iller Avenue..
e. Add a second eastbound and westbound through lane on First Street.
Party responsible for implementation: Applicant
Party responsible for monitoring: ' Gilroy Engineering Division
12, Subject to the review and approval of the Giltoy E~eering Division, the project
proponent shall implement the following access improvements:
a. The northerly Wren Avenue access shall be designed to align with the existing access
points to_ the commercial areas along the western side of Wren Avenue.
b. The southerly Wren Avenue access (into the Medical Complex Driveway) shall be
designed to provide detailed signing and stripping of the proposed operation.
c. The access to First Street is right turn in and right turn out only.
, '
Party responsible for implementation:
Party responsiblefor monitoring:
Date Prepared: February S, 2004
End pfReview Period: March 5, 2004
Date Adopted by City Council:
Applicant
Gilroy Engin~er;ng Division
William Faus
Planning Division Manager
QfauS@ci.gi.1roy.ca.us
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2004-59 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 June, 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 29th day of June, 2004.
~~,
City lerk of the_ City of Gilroy
(Seal)