Resolution 2004-102
RESOLUTION NO. 2004-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING TM 04-07, A TENTATIVE MAP
TO SUBDIVIDE AN APPROXIMATELY 2.8 ACRE SITE
INTO 14 RESIDENTIAL LOTS, A PRIVATE PARK SITE
AND A PRIVATE STREET ON MILLER AVENUE AT THE
SOUTHWEST CORNER OF SANTA TERESA
BOULEVARD AND THOMAS ROAD, APNS 810-23-002, 003
WHEREAS, The James Group, the applicant, submitted TM 04-07, requesting a tentative
map to subdivide approximately 2.8 acres into fourteen (14) residential lots, a private park and a
private street on Miller Avenue at the southwest comer of Santa Teresa Boulevard and Thomas
Road, APNs 810-23-002, 003; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City
Council on October 18, 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 hearing on October 7,
2004, at which time the Planning Commission considered the public testimony, the Staff Report
dated October 1, 2004 ("Staff Report"), and all other documentation related to application
TM 04-07, and recommended that the City Council approve said application with conditions; and
WHEREAS, the City Council held a duly noticed public hearing on October 18, 2004, at
which time the City Council considered the public testimony, the Staff Report, a Supplemental
Staff Report dated October 12, 2004, and all other documentation related to application TM 04-
07; 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
IGB01639614.1
01-102504-04706089
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Resolution No. 2004-102
City Clerk.
SECTION I
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council hereby finds as follows:
1. The project is consistent with the land use designation on the City's
General Plan map and with the intent of the 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 along Kern Avenue.
4. The project is consistent with surrounding development.
5. There is no substantial evidence in the entire record that the project as
mitigated will have a significant effect on the environment.
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 04-07 should be and hereby is approved, subject to the fifty-
eight (58) conditions attached hereto as Exhibit A and incorporated herein by this
reference, and the Negative Declaration dated September 2004 and Mitigation
Monitoring Program, attached hereto as Exhibit B and incorporated herein by this
reference.
SECTION II
This Resolution shall become effective, and approval of TM 04-07 granted, if, and only
if, and upon the same date that Ordinance No. 2004-18 approving Z 04-05 becomes
IGB01639614.1
01-102504-04706089
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Resolution No. 2004-102
effective. If said Ordinance does not take effect, then TM 04-07, without any further
action required by the City Council, is denied.
PASSED AND ADOPTED this 6th day of December, 2004 by the following vote:
AYES:
COUNCIL MEMBERS:
CORREA, DILLON, GARTMAN, MORALES,
V ALIQUETTE, VELASCO and PINHEIRO
NONE
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
NONE
APPROVED:
~S-
. lbert Pinheiro, Mayor
ATTEST:
I /'/ j) //}
~~~
Rhonda Pellin, City Clerk
IGB01639614.1
01-102504-04706089
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Resolution No. 2004-102
. .
TM 04-07, A/S 04-37
Final Conditions of Approval
11/30/04
PLANNED UNIT DEVELOPMENT CONDITIONS
Planninf! Division (contact Melissa Durkin at 846-0440)
1. All twenty-five (25) MITIGATION MEASURES contained within the Negative Declaration for this
development shall be applied to this approval 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).
This shall be subject to the review and approval of the Planning Division.
2. Approval of A/S 04-37 is subject to the applicant receiving approval of Zone Change application Z 04-05
and Tentative Map application TM 04-07.
3. Landscaping: The applicant shall landscape the front yards of each home. 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 permit. 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.
4. The applicant shall submit a landscaping plan for the park area prior to building permit issuance. This plan
shall delineate all proposed park equipment.
5. 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 ofthe trees. This shall be
subject to the review and approval of the Community Services Division
6. 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.
7. 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.
8. Building colors shall be earth tones subject to the review and approval of the Planning Division.
9. Decorative stone and stucco columns shall be constructed approximately every 40 feet along the fence line
adjacent to Santa Teresa Boulevard. The actual design of the fence shall be subject to Planning Division
review and approval.
10. The applicant shall place architectural enhancements on the rear of the buildings in this development.
These enhancements might include dormers, decorative railing, shutters, planter boxes, or other acceptable
architectural features. This shall be subject to Planning Division review and approval prior to buildingPpermit issuance.
TM 04-07, A/S 04-37
Final Conditions of Approval
11/30/04
Fire Deoartment (contact Rodger Maggio at 846-0430)
11. Hydrant locations and water main sizing shall be subject to approval by the Building, Life, and
Environmental Safety Division, prior to the issuance of any building permits.
12. An all-weather access road for the fire engines shall be provided before commencing any combustible
construction. Fire hydrants shall also be installed and maintained before combustible construction begins.
13. 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.
14. Based on the initial study, the site is outside of the Fire Department 5-minute response time therefore
mitigation should be provided by a residential fire sprinkler system meeting the NFP A 13D requirements
in each home.
15. House numbers shall be clearly visible from the street. If the house is recessed the house number shall be
provided at the driveway entrance and at a height of not less than 36 inches from thegroqnd. All main
address numbers shall be a minimum of2. 5 inches in height with a 3/8 inch stroke and placed to read from
left to right and/or top to bottom.
Ensdneerine Division (contact Kristi Abrams or Don Dey at 846-0450)
16. 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.
17. The Engineering Division shall assign street addresses.
18. The applicant shall provide a soils report to the Engineering Division.
19. The following language shall be included on any permits issued at the project site, subject to the review
and approval of the Gilroy Engineering and Building Divisions. "All construction activities shall be
limited to weekdays between 7:00 AM and 7:00 PM, and to Saturdays and City holidays between 9:00
AM and 7:00 PM. No construction is allowed on Sundays."
Council-Added Conditions
20. The developer shall provide a landscaping plan that specifies planting 24" -box trees and IS-gallon shrubs
along Santa Teresa Boulevard. The trees shall be planted approximately every twenty feet, measured on
center
21. The developer shall construct an iron "view" fence along the park area adjacent to Santa Teresa
Boulevard
TM 04-07, NS 04-37
Final Conditions of Approval
11/30/04
22. The developer shall eliminate the fencing along the portion of the park that abuts Thomas Road. This area
shall be maintained as an open, landscaped buffer area between Thomas road and the homes at the easterly
end of this subdivision.
Community Development Department
Planning Division
NEGATIVE DECLARATION AND
MITIGA TION MONITORING PROGRAM
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
(408) 846-0440
City File Number: Z 04-05, TM 04-07 and NS 04-37
Proiect Descriotion:
Name of Project:
Nature of Project:
Gilroy Masoni Orchard Subdivision
A Zone Change, Tentative Map, and Architectural & Site Review request
to create 14 single-family residential units on a 2. 86-acre site.
Proiect Location:
Location: The project site is located in the City of Gilroy in the County of Santa Clara. The
project site is located at the southwest comer of Miller Avenue and Santa Teresa
Boulevard. The site is bounded by Thomas Road to the east, Miller Avenue to the
south, and Santa Teresa Boulevard to the north.
Assessor's Parcel Numbers: 810-23-002, 810-23-003
Entity or Person(s) Underlaldn!! Proiect:
Name:
Address:
James Suner
7436 Monterey Road, 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.
Findin!!s & 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:
EXHIBIT B
Gilroy Masoni Orchard Subdivision
Negative Declaration and
Mitigation Monitoring Program
2
December 2004
1. The proposal is a logical component of the existing land use of this area.
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. City staff independently reviewed the Initial Study, and this Negative Declaration reflects the
independent judgement of the City of Gilroy.
Miti2ation Measures:
Prior to approval and issuance of the final 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 of the City of Gilroy Engineering Division: (Modified Gilroy General Plan EIR
Mitigation Measure 4.6-A)
The following measures shall be implemented for all construction sites:
. Water all 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 constructions sites;
· Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas
at construction sites;
· Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent
public streets;
· The idling of all construction equipment shall not exceed five minutes;
· Limit the hours of operation of heavy duty equipment and/or the amount of equipment in
use;
EXHIBIT B
Gilroy Masoni Orchard Subdivision
Negative Declaration and
Mitigation Monitoring Program
3
December 2004
· 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 for the
project site~
· Use the minimum practical engine size for construction equipment~ and
· Gasoline-powered equipment shall be equipped with catalytic converters, where feasible.
2. The project applicant shall pay all applicable fire department development fees, subject to
monitoring by the Building Division.
3. The project applicant shall pay the applicable school development fees, subject to monitofiI1g by
the Gilroy Unified School District and the Building Division.
4. The project applicant shall pay all applicable library development fees, subject to monitoring by
the Building Division.
5. The project applicant shall pay all applicable park development fees, subject to monitoring by the
Building Division.
6. The project applicant shall pay all applicable police department development fees, subject to
monitoring by the Building Division.
Prior to approval and issuance of a grading or building permit, the following mitigation measures shall be
implemented:
7. Subject to the review and approval of the Planning Division, new outdoor lighting shall be
directed on-site and designed and installed with shielding.
8. Sprinkler systems shall be provided in each structure in accordance with Section 1003.2.10 of the
Uniform Fire Code, subject to the review and approval of the Fire Marshall.
9. Per Johnston (2004), the presence of California Tiger Salamanders (CTS) on the project site
should be assumed and as a result, a trapping and salvage effort should be conducted to relocate
any CTSs occurring on the site. Trapping should take place pursuant to a plan prepared by a
qualified biologist and approved by the CDFG. This plan should identitY the specific method(s)
proposed to clear the project site of the CTSs, including location and type of traps and fencing,
frequency and thresholds for trap activation and de-activation, relocation sites for CTSs captured
and the standard proposed for confirming that the project site has been cleared of the CTSs. This
mitigation measure shall be subject to the review and approval of the Planning Division.
EXHIBIT B
Gilroy Masoni Orchard Subdivision
Negative Declaration and
Mitigation Monitoring Program
4
December 2004
10. A qualified burrowing owl biologist should conduct a burrowing owl pre-construction. survey
within 30 days prior to initial ground disturbance or construction activity. The qualified
burrowing owl biologist should survey the entire project site and a 250-foot buffer to determine
the presence or absence of the species.
A. If burrowing owls are observed on the Study Area outside of the breeding season, an
experienced burrowing owl biologist may use passive relocation to prevent take and
ensure burrowing owls are not present on the project for construction and grading
activities. A qualified burrowing owl biologist is one who has completed passive
relocation projects within the last five years and should perform all exclusionary device
installation.
B. Ifburrowing owls are occupying the project site during the nesting season (February 1
through August 1), nest burrows should be avoided by setting up a 250-foot exclusion
area around the nest burrow (CDFG 1995). The active nest should be monitored to
ensure construction activity does not disturb the nesting owls or cause nest
abandonment. Work within the buffer zone should be postponed until all the young
are independent, as determined by a qualified biologist.
This mitigation measure shall be subject to the review and approval of the Planning Division.
11. If work is scheduled to begin after the breeding season has begun (February 1 through August 1),
a survey should be conducted before the beginning of the breeding season (February 1). This
survey would not take the place of a burrowing owl pre-construction survey unless it was
conducted within 30 days of initial ground disturbance or construction activity. Upon completion
of this burrowing owl survey, two actions may be taken depending on whether or not burrowing
owls were observed on the project site.
A. If no burrowing owls occupy the project site, ground squirrel burrows may be
excavated or exclusionary devises may be installed to prevent burrowing owls from
moving onto the site. These exclusionary devices would prevent burrowing owls from
using any onsite burrows. The devices should be monitored and could be left in place
until initial ground disturbance or construction activity begins.
B. If burrowing owls or accumulation of burrowing owl sign is observed outside of the
nesting season, suggesting regular use of the project site, an experienced burrowing
owl biologist may use passive relocation to ensure burrowing owls would not nest
within the project site and are not present for construction and grading activities. A
qualified burrowing owl biologist is one who has completed passive relocation projects
within the last five years and should perform all exclusionary device installation.
This mitigation measure shall be subject to the review and approval of the Planning Division.
EXHIBIT B
Gilroy Masoni Orchard Subdivision
Negative Declaration and
Mitigation Monitoring Program
5
December 2004
12. If trees or shrubs are scheduled to be removed during the breeding season (February 1 to August
1), a qualified biologist should conduct pre-construction nesting birds surveys within 30 days
prior to the onset of any construction activity. All trees and snags should be searched for bird
nests during this pre-construction survey. If bird nests are observed, an appropriate buffer zone
should be established around all active nests as to protect nesting adults and their young from
construction disturbance. Buffer zones should be determined based the project site conditions
and the species potentially impacted. If active raptor nests are located on the project site, a
buffer zone of 200-250 feet should be established around each nest unless a smaller distance is
suitable to reduce nesting disturbance. Work within all such buffer zones should be postponed
until all the young are fledged, as to be determined by a qualified biologist. This mitigation
measure shall be subject to the review and approval of the Planning Division.
13. During construction, an archaeologist shall be onsite to monitor all initial subsurface construction
activities. Given the location of site CA-SCL-639/H (eligible for the National Register) just 150
meters to the northwest, it is possible that archaeological deposits may be encountered during
earth disturbing activities. If prehistoric or historic deposits or features are discovered during
construction, activities in the area should cease and the archaeologist should inspect the discovery
and prepare a recommendation for a further course of action. This mitigation measure shall be
subject to the review and approval of the Planning Division.
14. In the event that human remains are discovered, there shall be no disposition of such human
remains, other than in accordance with the procedures and requirements set forth in the California
Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98. These
code provisions require notification of the County Coroner and the Native American Heritage
Commission, who in turn must notify those persons believed to be most likely descended from the
deceased Native American for appropriate disposition of the remains. Excavation or disturbance
may continue in other areas of the project site outside the area affected by such discovery. This
mitigation measure shall be subject to the review and approval of the Planning Division.
15. The project applicant shall submit a soils investigation prepared by a qualified soils engineer for
the proposed project. The recommendations of the soils investigation shall be incorporated into
the final building plans, subject to the review and approval by the City of Gilroy Engineering
Division prior to approval of any building permits.
16. The project applicant shall design all structures in accordance with the Uniform Building Code
for seismic design. Foundation design should include the use of structural mat or post-tension
slab foundations, rather than conventional spread footings. Structural design is subject to the
review and approval by the City of Gilroy Building Division prior to the issuance of building
permits.
EXHIBIT B
Gilroy Masoni Orchard Subdivision
Negative Declaration and
Mitigation Monitoring Program
6
December 2004
17. Typical options to address liquefiable soils shall consist of the following: a) remove and replace
potentially liquefiable soils with engineered fill~ b) densify potentially liquefiable soils with an in-
situ ground improvement technique such as deep dynamic compaction, vibro-compaction, vibro-
replacement, compaction grouting, or other similar methods~ c) support the proposed structures
on a pile foundation system, which extends below the zone of potentialliquefaction~ d) strengthen
foundations (e.g., post-tensioned slab, reinforced mat or grid foundation, or other similar system)
to resist excessive differential settlement associated with seismically-induced liquefaction~ and, e)
support the proposed structures on an engineered fill pad in order to reduce differential
settlement resulting from seismically-induced liquefaction and post-seismic pore pressure.
dissipation. The required mitigation for design shall be based on a site specific geotechnical
investigation subject to the review and approval by the City of Gilroy Engineering Division prior
to the issuance of building permits.
18. The applicant shall prepare an erosion and deposition control plan detailing appropriate methods
of erosion and deposition control during grading, construction and operation of the proposed
project. The erosion and deposition control plan shall be subject to review and approval by the
City of Gilroy Engineering Division prior to the issuance of building permits.
19. As required by General Plan Action 25.E, the applicant shall prepare a site specific soils report
for the proposed project which includes laboratory testing of on-site soils as well as design
criteria for building foundations, basement walls, roads, and other structures. The soils report
shall be subject to review and approval by the City of Gilroy Engineering Division prior to
issuance of the building permits.
20. The project applicant shall submit a Notice of Intent (NOI), detailed engineering designs, and a
Storm Water Pollution Prevention Plan (SWPPP) program to the Central Coast RWQCB to
obtain a NPDES General Construction permit prior to any grading or construction activities.
This permit shall require implementation of an approved SWPPP that uses storm water Best
Management Practices (BMPs) to control runoff, erosion and sedimentation from the site. The
SWPPP is subject to review and approval by the Central Coast RWQCB and the Gilroy
Engineering Division.
21. Construction activities shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through
Friday, and 9:00 a.m. to 7:00 p.m. on Saturdays and holidays. No construction activities are
allowed on Sundays. This mitigation measure shall be subject to enforcement by the Building
Division and the Police Department.
22. All construction equipment engines shall be properly tuned and muffled according to
manufacturers' specifications, subject to monitoring by the Building and Engineering Divisions.
EXHIBIT B
.-
Gilroy Masoni Orchard Subdivision
Negative Declaration and
Mitigation Monitoring Program
7
December 2004
23. Noise construction activities whose specific location on the site may be flexible (e.g., operation of
compressors and generators, cement mixing, general truck idling) shall be conducted as far as
possible from the nearest noise-sensitive land uses, and natural and/or manmade barriers (e.g.,
intervening construction trailers) shall be used to screen propagation of noise from such activities
towards these land uses to the maximum extent possible. This mitigation measure shall be subject
to enforcement by the Building Division.
24. The use of those pieces of construction equipment or construction methods with the greatest
peak noise generation potential shall be minimized. Examples include the use of drills and
jackhammers. This mitigation measure shall be subject to enforcement by the Building Division.
25. Barriers such as plywood structures or flexible sound control curtains shall be erected along the
western edge of the site to minimize noise exposure to the church. This mitigation measure shall
be subject to enforcement by the Building Division.
Date Prepared: September 3,2004
End of Review Period: September 29,2004
Date Approved by City Council: October 18, 2004
William F aus
Planning Division Manager
bfauS@ci.gilroy.ca.us
EXHIBIT B
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2004-102 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
6th day of December, 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 14th day of December, 2004.
~()2L<~
City Clerk of the City-of Gilroy
(Seal)