Resolution 2005-46RESOLUTION NO. 200546
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING A/S 0443, AN APPLICATION
FOR ARCHITECTURAL AND SITE APPROVAL OF A
PLANNED UNIT DEVELOPMENT (PUD) FOR AN 18,000
SQUARE FOOT COMMERCIAL BUILDING, 20
APARTMENT UNITS, AND 16 DUETTE HOMES LOCATED
AT 9435 MONTEREY ROAD, NORTH OF FARRELL
AVENUE, APNS 790-07 -002, -001
WHEREAS, Salvatore Oliveri, the applicant, submitted application A/S 04 -43, which is
an application for architectural and site approval of a Planned Unit Development ( "PUD "), for an
18,000 square foot commercial building, 20 apartment units, and 16 duette homes located at
9435 Monterey Road, north of Farrell Avenue, APNS 790 -07 -002, -001; and
WHEREAS, the Planning Commission held a duly noticed public meeting May 5, 2005,
at which time the Planning Commission considered the public testimony, the staff report dated
April 27, 2005 ( "Staff Report"), and all other documentation related to application A/S 04 -43,
and recommended that the City Council approve the mitigated Negative Declaration prepared for
the project pursuant to the California Environmental Quality Act ( "CEQA "), and approve this
application; and
WHEREAS, the City Council held a duly noticed public meeting on June 6, 2005, at
which time the City Council considered the public testimony, the Staff Report, a follow -up Staff
Report dated May 10, 2005, and all other documentation related to application AS 04 -43; and
WHEREAS, pursuant to CEQA, the City Council on June 6, 2005, adopted the mitigated
Negative Declaration for this project, the 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
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Resolution No. 2005 -46
substantial evidence in the record that the project as mitigated will have a significant effect on
the environment; and
WHEREAS, the City Council determined that the conditions of approval set forth in the
Staff Report and recommended by the Planning Commission should be incorporated into the
project in addition to requiring creation of a homeowners' association and requiring assignment
of one parking stall to each duette unit and one covered carport space to each apartment unit; 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:
SECTION I
A. The City Council hereby adopts the findings as required by Zoning Ordinance
section 50.55 based upon substantial evidence in the entire record as described below:
The project conforms to the Gilroy General Plan in terms of general location and
standards of development.
The project fills a specific need of the surrounding area by creating housing,
which will assist the City in meeting its housing goals, and by providing commercial
opportunities to serve the needs of area residents.
project site.
The project does not require urban services beyond those that are available at the
The project provides a harmonious, integrated plan for a quality development that
is consistent with the City's Planned Unit Development standards and policies.
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Resolution No. 2005 -46
The project reflects an economical and efficient use of this property by meeting
the Neighborhood District Target Densities, thereby maximizing the development potential of
this property.
The project includes landscaping of the front yards of the duette homes and
landscaping of 16 percent of the commercial site, which meets the intent of the Planned Unit
Development ordinance.
The project exceeds City design standards, utilizing aesthetic design principles to
create an attractive development that is compatible with the character of surrounding areas.
The project does not create traffic congestion, noise, odor or other adverse effects
on surrounding areas.
The project provides adequate access, parking, landscaping, trash areas and
storage.
B. Application A/S 04 -43 should be and hereby is approved subject to the thirty-
three (33) Planned Unit Development Conditions attached hereto as Exhibit A entitled
"PLANNED UNIT DEVELOPMENT CONDITIONS" and incorporated herein by this
reference; and the Negative Declaration dated "Adopted June 6, 2005," the twenty -seven (27)
mitigation measures incorporated therein, and the Mitigation Monitoring Program, attached
hereto as Exhibit B and incorporated herein by this reference.
PASSED AND ADOPTED this 18th day of July, 2005, by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
IGB016629521
063005 - 04706089
CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO, and PMEIRO
NONE
NONE
-3-
Resolution No. 2005 -46
ATTEST:
Rhonda Pellin, City Clerk
\GBO\662952.1
063005 - 04706089
APPROVED:
4e4rtPinheiro, Mayor
Resolution No. 2005 -46
TM 04 -13 and A/S 0443 6/13/05
Final Conditions of Approval EXHIBIT A
A/S O4 -43 (PUD)
FINAL CONDITIONS OF APPROVAL
PLANNED UNIT DEVELOPMENT CONDITIONS
Planning Division (contact Melissa Durkin at 846 -0440)
1. All twenty -seven (27) 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 0443 is subject to the applicant receiving approval of Zone Change application
Z 04 -12A and Tentative Map application TM 04 -13.
3. 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 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 of the Community Services Division.
5. The developer shall landscape the front yards of all duette homes in this development.
6. Trash Enclosures: All trash bins and recycling containers shall be located within the trash enclosure, and
shall be located in accordance with the approved site plan and Uniform Fire Code. Recycling containers
must be provided in accordance with the following regulations:
A. Areas for recycling shall be adequate in capacity, number, and distribution to serve the
development project.
B. Dimensions of the recycling area shall accommodate receptacles sufficient to meet the
recycling needs of the development project.
C. An adequate number of bins or containers to allow for the collection and loading of recyclable
materials generated by the development project should be located within the recycling area.
7. The trash enclosure shall architecturally match the apartment building in terms of color, materials, and
design. Include this condition as a note on the building plans.
TM 04 -13 and A/S O4 -43
Final Conditions of Approval
6/13/05
8. 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. Include this condition as a note on the building plans.
9. 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. Include this condition as a note on the building plans.
10. The developer shall cover a minimum of 20 apartment parking stalls with carports. The developer shall
submit the carport design to Planning staff for approval prior to building plan submittal. The carports shall
have pitched roofs.
11. Building colors shall be earth tones subject to the review and approval of the Planning Division.
12. The developer shall enclose the open area north of the commercial building, so that it is not accessible to
the public. The design of this enclosure shall be subject to Planning Division, BLES Division, and Police
Department review and approval. Alternatively, the developer may relocate the commercial building so
that it is built on the north property line.
13. The gate constructed between the residential and commercial portions of this project shall be designed to
allow both emergency vehicle access and pedestrian access.
14. The developer shall provide architectural detailing along the north side of the commercial building, such as
a false store front, varied wall depth, or other acceptable architectural features approved by staff.. The
developer shall submit the proposed enhancements to the Planning Division for approval prior to building
plan submittal.
15. The developer shall provide additional architectural amenities on the rear of the duette homes. These
amenities might include shutters, ornamental windows, decorative railings, planter boxes, or other
acceptable architectural features approved by staff. The developer shall submit the proposed
enhancements to the Planning Division for approval prior to building plan submittal.
16. Prior to building plan submittal for these units, the developer shall sign a contract agreeing to sell or rent
four of the units in this development at affordable rates, in compliance with the City's RDO Affordable
Housing Exemption Procedure and Neighborhood District Policy.
17. Prior to building plan submittal for these units, the developer shall sign a contract agreeing to restrict
occupancy of these units to people age 62 and older.
18. The developer shall disclose to all future homeowners and tenants of this property that a homeless shelter
and transitional apartment units will be constructed on the property south of this site. The developer shall
provide City staff with a copy of this disclosure statement prior to building plan submittal.
TM 04 -13 and A/S O4 -43
Final Conditions of Approval
Fire Department (contact Rodger Maggio at 846 -0430)
6/13/05
19. 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.
20. Secondary access shall be provided. If the secondary access is gated it shall be provided with KNOX Fire
and Police Key over -ride.
21. All residential units shall be provided with a fire sprinkler system, NFPA 13d for duets and NFPA 13r for
apartments.
22. 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 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.
23. Commercial Building shall be provided with a fire sprinkler system meeting NFPA 13. System shall be
fully monitored. Interior risers required, and there shall be an exterior door within 20 ft of each riser. Fire
Department Connection shall be within 40 ft of a public hydrant and hydrant to be on the same side of the
fire access road as the FDC. A double detector check shall isolate the Fire Protection system from the
public main.
24. Commercial building shall have a sewer test manhole installed on the property (see City Specifications)
and in an area that can be readily accessed by an inspector, (minimum of one for each building). For
tenants with food preparation operations or restaurants, a grease interceptor shall be installed.
25. Provide a cross access driveway to adjacent property at rear of commercial building for future fire access.
En2ineerin2 Division (contact Kristi Abrams or Don Dey at 846 -0450)
26. 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.
27. The Engineering Division shall assign street addresses.
28. The applicant shall provide a soils report to the Engineering Division.
29. 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 between 9:00 AM and 7 :00 PM. No
construction is allowed on Sundays or City holidays."
3 0. The developer shall remove the northerly -most driveway on the commercial site. The City might allow the
establishment of a secondary driveway, subject to the findings of the median access study required by
Negative Declaration mitigation measure number eight.
TM 04 -13 and A/S 04 -43 6/13/05
Final Conditions of Approval
Police Department (contact Sergeant Daniel Castaneda at 846 -0310)
31. The developer shall place a directional sign at the westerly end of Settrini Place providing the addresses of
all the units located along that private street.
City Council -Added Conditions
32. The developer shall be required to create a homeowners' association for this development. The
homeowners' association shall include both the duette homes and the apartment units.
33. The developer shall assign one uncovered parking stall to each of the duette units, for exclusive use by that
unit. The developer shall assign one covered carport space to each of the apartment units, for exclusive use
by that unit.
Community Development Department
Planning Division
MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING PROGRAM
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
(408) 846 -0440
City File Number: Z 04 -12A, TM 04 -13, A/S 04-43
Project Description:
Name of Project: Gilroy Oliveri Residential and Commercial Development
Nature of Project: A Planned Unit Development application consisting of a Zone Change, a
Tentative Map, and Architectural and Site Review to create an 18,800 -
square foot commercial building and up to 36 senior citizen residences on a
4.85 -acre site.
Project Location:
Location: The project site is located at 9435 Monterey Road, in the City of Gilroy and the
County of Santa Clara. The site is bounded by Monterey Road and the Union
Pacific /Caltrain railroad tracks to the east, single - family homes and a homeless shelter
under development to the south, Church Street and single - family residential homes to
the west, and a vacant lot to the north.
Assessor's Parcel Number: 790 -07 -001
Entity or Person(s) Undertaking Project:
Name: Salvatore Oliveri
Address: 9325 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.
EXHIBIT 13
Oliveri Development 2 Adopted June 13, 2005
Mitigated Negative Declaration and
Mitigation Monitoring Program
Findings & 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:
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 judgment of the City of Gilroy.
Mitigation Measures:
Prior to approval and issuance of the final improvement plans, the following mitigation measures shall be
implemented:
1. The project applicant shall reduce the proposed project's residential density to the City of Gilroy's
permissible limit within the Neighborhood District designation.
2. The project applicant 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 following measures shall be implemented for all construction sites:
• During high dust conditions, water all construction areas at least twice daily;
• Cover all trucks hauling soil, sand, and other loose materials;
• Apply clean gravel, water, or non -toxic soil stabilizers on all unpaved access roads, parking
areas and staging areas at constructions sites;
• Remove excess soils from paved access roads, parking areas and staging areas at
construction sites;
• Sweep streets daily (with mechanical sweepers) if visible soil material is carried onto adjacent
public streets;
Oliveri Development 3 Adopted June 13, 2005
Mitigated Negative Declaration and
Mitigation Monitoring Program
• 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;
• 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.
3. The project applicant shall pay all applicable fire department development fees, subject to
monitoring by the Building Division.
4. The project applicant shall pay the applicable school development fees, subject to monitoring by
the Gilroy Unified School District and Building Division.
5. The project applicant shall pay all applicable library development fees, subject to monitoring by
the Building Division.
6. The project applicant shall pay all applicable park development fees, subject to monitoring by the
Building Division.
7. The project applicant shall pay all applicable police department development fees, subject to
monitoring by the Building Division.
8. The developer shall prepare an engineering study that analyzes median access openings on
Monterey Road from Farrell Avenue to Cohansey Avenue. The developer shall prepare
engineering design plans for the construction of the median in this roadway segment and construct
the median prior to building occupancy.
Prior to approval and issuance of a grading or building permit, the following mitigation measures shall be
implemented:
9. Fire Sprinkler systems shall be installed per NFPA 13d in the duette homes, a Or in the apartment
buildings and 13 in the commercial structures. Systems are subject to the review and approval by
the Fire Marshal.
10. Subject to the review and approval of the Planning Division, new outdoor lighting shall be
directed on -site and designed and installed with shielding.
Oliveri Development 4
Mitigated Negative Declaration and
Mitigation Monitoring Program
Adopted June 13, 2005
11. The project applicant shall prepare a detailed Flood Management and Mitigation Plan (FMMP),
subject to approval by the Santa Clara Valley Water District (SCVWD) and the City of Gilroy
Building Division.
12. If trees or shrubs are scheduled for removal during the breeding season (February 1 to August 1),
a qualified biologist shall 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
the pre - construction survey. If bird nests are observed, an appropriate buffer zone shall be
established around all active nests to protect nesting adults and their young from construction
disturbance. If active raptor nests are located on the Study Area, a buffer zone of 200 -250 feet
shall be established around each nest unless a smaller distance is suitable to reduce nesting
disturbance. Buffer zones implemented around avian nests can be used to avoid impacts to birds
and nests protected by the MBTA and Sections 3515 and 3503 of the Fish and Game Code.
Buffer zones shall be determined based the site conditions and the species potentially impacted.
Work within the buffer zone should be postponed until all the young are fledged, as determined by
a qualified biologist.
13. During the earth disturbing activities of construction, if any archaeological deposits are
encountered, an archaeologist shall be summoned on -site to document and monitor all subsurface
prehistoric or historic deposits. All 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.
17. 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
Oliveri Development 5
Mitigated Negative Declaration and
Mitigation Monitoring Program
Adopted June 13, 2005
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.
18. 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.
19. 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.
20. The following language shall be included on all permits issued for this project, subject to the
review and approval of the Building Division: "All construction activities shall be limited to
weekdays between 7:00 a.m. and 7:00 p.m. and to Saturday between 9:00 a.m. and 7:00 p.m. No
construction is allowed on Sundays or City holidays."
21. All construction equipment engines shall be properly tuned and muffled according to
manufacturers' specifications.
22. 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.
23. 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.
24. 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 nearby residential uses.
25. Project Driveways on Monterey Road — The northern-most proposed project driveway on
Monterey Road shall be eliminated and the remaining project driveway (south driveway) on
Monterey Road shall be widened to 35 feet in order to satisfy City of Gilroy street design
standards.
26. Security Gate Operations — To reduce the potential for inbound vehicles backing up onto Church
Street, the security gate on Church Street shall only be used by residents of the project. Visitor
access to the residential portion of the project shall occur via the gate between the residential and
Oliveri Development 6
Mitigated Negative Declaration and
Mitigation Monitoring Program
Adopted June 13, 2005
commercial uses. The area on the east side of the gate and the communication/card reader podium
shall be laid out such that inbound visitors have the opportunity to turn around should the gate
not open for them.
27. The applicant shall provide parking in compliance with the Zoning Ordinance subject to the
review and approval of the Planning Division.
Date Prepared: March 18, 2005 (Revised April 6, 2005)
End of Review Period: April 11, 2005
Date Adopted by City Council: June 13, 2005
William Faus
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. 2005 -46 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
18th day of July, 2005, 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 August, 2005.
City Clerk of the City of Gilroy
(Seal)