Loading...
Resolution 2006-11RESOLUTION NO. 2006-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S O4 -70, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT FOR SIX SINGLE - FAMILY RESIDENCES AND COMMON OPEN SPACE ON APPROXIMATELY 1.02 ACRES AT 1645 ANSON COURT, NORTHWEST OF MANTELLI DRIVE AND CALLE DEL REY, APN 783 -36 -051 WHEREAS, Glen Loma Group c/o Tim Filice, the applicant, submitted application A/S 04 -70, an application for architectural and site approval of a Planned Unit Development for six (6) single - family residences and common open space on approximately 1.02 acres at 1645 Anson Court, northwest of Mantelli Drive and Calle del Rey, APN 783 -36 -051 ( "Project'); and WHEREAS, the Planning Commission held a duly noticed public meeting on September 1, 2005, continued to October 6, 2005, and to November 3, 2005, at which times the Planning Commission considered the public testimony, the staff report dated August 19, 2005 ( "Staff Report"), and all other documentation related to application A/S 04 -70, 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 November 21, 2005, at which time the City Council considered the public testimony, the Staff Report, and all other documentation related to application AS 04 -70 and continued said application; and WHEREAS, the Applicant met with neighbors on December 12, 2005, and proposed additional conditions in response to the neighborhood concerns, which proposed additional conditions were considered by the City Council at a duly noticed public meeting on December 19, 2005, along with a follow -up staff report dated December 13, 2005; and iGB01682087.1 012506-04706089 Resolution No. 2006 -11 WHEREAS, pursuant to CEQA, the City Council on December 19, 2005, adopted the mitigated Negative Declaration for this Project, along with the required mitigation and monitoring program, 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 City Council determined that the nine (9) conditions of approval set forth in the Staff Report and recommended by the Planning Commission, and ten (10) additional conditions in response to the neighborhood concerns, should be incorporated into the Project; 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 for Low Density Residential. The Project fills a specific need of the surrounding area by developing on an underutilized site, which is a high priority outlined in the General Plan. Project site. 1GB01682087.1 012506 - 04706089 The Project does not require urban services beyond those that are available at the -2- Resolution No. 2006 -11 The Project provides a high- quality design that retains much of the existing mature landscaping and incorporates a significant amount of open space while bringing an underutilized site within the density range of the General Plan designation of Low Density Residential. The Project is an economical and efficient use of the property because it is an infill development, surrounded by existing development. The Project exceeds minimum City requirements for landscaping in that it includes an extensive amount of existing mature landscaping and utilizes 18 percent of the site as open space /play area. The Project utilizes aesthetic design principles to create an attractive development wherein the design of the buildings, entryways and landscape areas blend with the character of the surrounding area. The Project involving the addition of four residences 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 -70 should be and hereby is approved subject to the "Planned Unit Development Conditions" set forth in the Staff Report and the "Anson Court Additional Conditions," both attached hereto as Exhibit A and incorporated herein by this reference; and subject to the Negative Declaration dated "Final August 8, 2005," the mitigation measures incorporated therein, and the Mitigation Monitoring Program, attached hereto as Exhibit B and incorporated herein by this reference. IGB01682087.1 012506 - 04706089 Resolution No. 2006 -11 SECTION II This Resolution shall become effective, and approval of A/S 04 -70 granted, if, and only if, and upon the same date that Ordinance No. 2006 -3 approving Z 04 -15 becomes effective. If said Ordinance does not take effect, then A/S 04 -70, without any further action required by the City Council, is denied. PASSED AND ADOPTED this 6th day of February, 2006 by the following vote: AYES: COUNCILMEMBERS: CORREA, GARTMAN, VALIQUETTE, and PINHEIRO NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST: onda Pellin, City Clerk 16801682087.1 012506 -04706089 NONE ARELLANO, BRACCO, and VELASCO APPROVED: �Albe i M Resolution No. 2006 -11 EXHIBIT A Z 04 -15, VTM 04 -18, A/S 0470 08/19/05 PLANNED UNIT DEVELOPMENT CONDITIONS 1. Approval of A/S O4 -70 (PUD) is subject to the applicant receiving approval of the vesting tentative map (TM 04-18) and zone change (Z 04 -15) applications. 2. Landscaping: Landscaping plans including specifications for an irrigation system shall be approved by the Planning Division in accordance with the adopted Consolidated Landscaping Policy, prior to issuance of a building permit. 3. 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. 4. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward from the site toward any residential use or public right -of -way. 5. Building colors shall be of earth tones consistent with the color elevations submitted for this project. 6. All fences must meet the requirements of Zoning Ordinance Section 34. 7. 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." 8. The applicant shall install a monument address directory sign at the entrance to the project, subject to the review and approval of the Police Department. 9. The common open space area shall include a children's playground area with related play equipment or similar type amenities, subject to review and approval of the Planning Division. Respectfully, William Faus Planning Division Manager bfaus@ci.gilroy.ca.us Page 14 of 14 Anson Court Additional Conditions 1. Construction hours shall be Monday — Friday, 7:00am- 5:00pm. There shall be no construction on Saturdays, Sundays and legal holidays. 2. Builder shall work with City staff to finalize changes to the grading plan so that construction on the westerly half of the project shall be. at or near existing grade level. 3. Two swimming pools are located on lots immediately adjacent to the construction site; Builder shall reimburse the pool owners for cleaning during the construction period on request, the aggregate amount not to exceed $1500 for each pool. 4. Builder shall establish a Homeowners Association that shall be responsible for maintenance and repair of all common facilities of the project. 5. Builder shall install a landscaping screen along all property lines which border adjacent residences, and the project C C & R's shall include provisions that obligate individual owners to maintain said landscaping screens. 6. The Builder shall, to the greatest extent practicable, save all significant trees along project boundaries and within common areas. 7. The Builder shall replace all fences. along the perimeter of the project with a "good neighbor" fence, at it sole expense, subject to the cooperation of individual neighbors and the adjacent Homeowners association. 8. The Builder shall maintain periodic pest control services for the duration of the construction period. 9. The Builder shall include clauses in purchase agreements that discourage and/or preclude sales to investors, subject to laws and regulations prohibiting discrimination. 10. The Builder shall establish and maintain a contact procedure and protocol for the use of adjacent neighbors for the purpose of registering inquiries and complaints, and Builder shall exercise its best efforts to resolve problems expeditiously. EXHIBIT B Community Development Department Planning Division (40,8) 846 -0440 NEGATIVE DECLARATION City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 City File Number: A/S O4 -70, TM 04 -18, Z 04-15 Proiect Description: Name of .Project: Anson Court Subdivision Nature of Project: Rezone from R1 to R1 -PUD, six -lot residential subdivision, and Architectural & Site Review Project Location: Location: 1645 Anson Court. Assessor's Parcel Number: 783 -36 -051 Entity or Person(s) Undertaking Project: Name: Glen Loma Group Address: 7888 Wren Avenue, Suite D143, Gilroy, CA 95020 Staff Planner: Cydney Casper, ccasper@ci.gUroy.ca.us 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 attached. Anson Court Subdivision 2 Final August 8, 2005 Negative Declaration 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: ➢ The proposal is a logical component of the existing land use of this area. ➢ Identified adverse impacts are proposed to be mitigated on -site. ➢ The proposed project is consistent with the adopted goals and policies of the General Plan of the City of Gilroy. ➢ City staff independently reviewed the Initial Study, ,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. Air Quality 1. The following dust control measures shall be incorporated into all permits for the proposed project, subject to the review and approval. of the City of Gilroy Engineering Division: a. Water all active construction areas at least twice daily; b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; c. Pave, apply water three times daily, or apply (non - toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; d. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; and e. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. 2. The following measures shall be incorporated into all project plans, subject to the review and approval of the City of Gilroy Engineering Division: a. The idling time of all construction equipment shall not exceed five minutes; b. Limit the hours of operation of heavy duty equipment and/or the amount of equipment in use; Anson Court Subdivisions 3 knal August 8, 2005 Negative Declaration c. All equipment shall be properly tuned and maintained in accordance with the manufacturer's specifications; d. When feasible, alternative fueled or electrical construction equipment shall be used at the project site; e. Use the minimum practical engine size for construction equipment; and E Gasoline - powered equipment shall be equipped with catalytic converters, where feasible. Biological Resources (Trees) 3. Prior to completion of the final landscaping plans, a, qualified arborist shall complete an inventory and assessment of the trees proposed for removal and trees that may be impacted by disturbance. All arborist recommendations shall be listed on the final landscape plans. The consulting arborist shall sign the Final Landscape Plans certifying that the plan is consistent with the recommendations made in the arborist's report. 4. In order to protect oak trees on the project site from inadvertent damage by construction equipment during grading and construction activities, native trees that are to be retained and are located within or adjacent to the construction zone shall be identified in grading Plans, and the following protective methods employed during construction. a. for trees 12 inches in diameter or greater, install protective fencing 0.5- to 0.75 -feet from the trunk per inch trunk diameter; work within the protected area shall be overseen by a qualified arborist or biologist; b. bridge or tunnel under roots greater than four inches in diameter where exposed. Smaller roots shall be cut by manually digging a trench and cutting exposed roots with a saw, vibrating knife, rock saw, narrow trencher with sharp blades, or other approved root - pruning equipment. Any roots damaged during grading. or excavation shall be exposed to sound tissue and cut cleanly; and, c. avoid soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and/or dumping of materials under dripline of trees. Cultural Resources 5. Due to the possibility that significant buried cultural resources might be found during construction the following language shall be included in any permits 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 are discovered during construction, work shall be halted at a minimum of 200 feet from the find and the area shall be staked off. The project developer shall notify a qualified professional archaeologist. If Anson Court Subdivision 4- Final August 8, 2005 Negative Declaration the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. 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 in all permits in accordance with CEQA Guidelines section 15064.5(e): .4 If human remains are found during 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 County is contacted to determine 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 Commission shall identify the person or persons it believes to be the most likely descendent (MM) from the deceased Native American. The MID may then make recommendations to the landowner or the person responsible for the excavation 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 associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MID 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 recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. GeologidGeotechnical 7. The applicant shall comply with the recommendations in the Fault Exploration prepared by Engeo, 2003, and the Geotechnical Exploration Report for the Anson Court Project prepared by Engeo, 2004, subject to review and approval by the City Engineering Division. Recommendations from the fault exploration are as follows: a. Final design shall included a minimum sturctural setback of 20 feet on both side of the fault. b. The loose backfill on the property will require removal and replacement with engineered fill if improvements are proposed across the trench. A qualified consulting firm shall be consulted to verify the trench location during the trench backfill removal and recompaction. Anson Court Subdivision 5 Final August 8, 2005 Negative Declaration Recommendations from the geotehnical exploration are attached as Exhibit A. Noise 8. Prior to issuance of a buiding permit, the following measures shall be incorporated to project plans to mitigate construction noise, subject to the review and approval of the City of Gilroy Engineering Division: (Modified Gilroy General Plan EIR 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 is equipped with mufflers 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 adjoin or are near a construction project area. Date Prepared: June 29, 2005 End of Review Period: August 5, 2005 Date Adopted by City Council: William Faus Planning Division Manager bfaus @ci.gilroy.ca.us Anson Court Subdivision (A/s 04 -70, TM 04 -18, Z 04-15) Monitoring Program The basis for this monitoring program is the mitigation measures included in the project environmental impact report. 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 all appropriate mitigation measures in the negative declaration. Monitoring Prop-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 Gilroy 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 monitoring the mitigation measures. B. Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring checklist have been complied with. Once all mitigation measures have been complied with, the responsible individual 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 has not been complied with, the monitoring checklist should not be returned to the Community Development Department. C. The Gilroy Community Development Department will review the checklist to ensure that appropriate mitigation measures 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 responsible 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- compliance 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 fines may be imposed at the discretion of the City of Gilroy. Anson Court Subdivision 2 June 29, 2005 Mitigation Monitoring Program Step 1 Prior to approval of the final map and final improvement plans, the following mitigation measure shall be implemented: Prior to completion of the final landscaping plans, a qualified arborist shall complete an inventory and assessment of the trees proposed for removal and trees that may be impacted by disturbance. All arborist recommendations shall be listed on the final landscape plans. The consulting arborist shall sign the Final Landscape Plans certifying that the plan is consistent with the recommendations made in the arborist's report. Party Responsible for implementation: Applicant Party Responsible for monitoring: Gilroy Planning Division 7. The applicant shall comply with the recommendations in the Fault Exploration prepared by Engeo, 2003, and the Geotechnical Exploration Report for the Anson Court Project prepared by Engeo, 2004, subject to review and approval by the City Engineering Division. Recommendations from the fault exploration are as follows: a. Final design shall included a minimum sturctural setback of 20 feet on both side of the fault. b. The loose backfill on the property will require removal and replacement with engineered fill if improvements are proposed across the trench. A qualified consulting firm shall be consulted to verify the trench location during the trench backfill removal and recompaction. Recommendations from the geotehnical exploration are attached as Exhibit A. Step 2 Prior to approval and issuance of a building permit, the following mitigation measures shall be implemented: 1. The following dust control measures shall be incorporated into all permits for the proposed project, subject to the review and approval of the City of Gilroy Engineering Division: a. Water all active construction areas at least twice daily; b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; c. Pave, apply water three times daily, or apply (non- toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; d. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; and Anson Court Subdivision Mitigation Monitoring Program June 29, 2005 e. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. Party Responsible for implementation: Applicant Party Responsible for monitoring: Gilroy 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: a. The idling time of all construction equipment shall not exceed five minutes; b. Limit the hours of operation of heavy duty equipment and/or the amount of equipment in use; c. All equipment shall be properly tuned and maintained in accordance with the manufacturer's specifications; d. When feasible, alternative fueled or electrical construction equipment shall be used at the project site; e. Use the minimum practical engine size for construction equipment; and f. Gasoline - powered equipment shall be equipped with catalytic converters, where feasible. Party Responsible for implementation: Applicant Party Responsible for monitoring: Gilroy Engineering Division Due to the possibility that significant buried cultural resources might be found during construction the following language shall be included in any permits 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 are discovered during construction, work shall be halted at a minimum of 200 feet from the find and the area shall be staked off. The project developer shall notify a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. Party Responsible for implementation: Applicant Party Responsible for monitoring: Gilroy Planning Division 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 in all permits in accordance with CEQA Guidelines section 15064.5(e): Anson Court Subdivision 4 June 29, 2005 Mitigation Monitoring Program If human remains are found during 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 County is contacted to determine 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 Commission 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 excavation 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 associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify 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 recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. Party Responsible for implementation: Applicant Party Responsible for monitoring: Gilroy Planning Division Party Responsible for implementation: Applicant Party Responsible for monitoring: Gilroy Planning Division 8. Prior to issuance of a buiding permit, the following measures shall be incorporated to project plans to mitigate construction noise, subject to the review and approval of the City of Gilroy Engineering Division: (Modified Gilroy General Plan EIR 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 is equipped with mufflers 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 adjoin or are near a construction project area. Anson Court Subdivision 5 June 29, 2005 Mitigation Monitoring Program Party Responsible for implementation: Party Responsible for monitoring: Applicant Gilroy Engineering Division Step 3 During Construction, the following mitigation measure shall be implemented: 4. In order to protect oak trees on the project site from inadvertent damage by construction equipment during grading and construction activities, native trees that are to be retained and are located within or adjacent to the construction zone shall be identified in grading plans, and the following protective methods employed during construction. a. for trees 12 inches in diameter or greater, install protective fencing 0.5- to 0.75 -feet from the trunk per inch trunk diameter; work within the protected area shall be overseen by a qualified arborist or biologist; b. bridge or tunnel under roots greater than four inches in diameter where exposed. Smaller roots shall be cut by manually digging a trench and cutting exposed roots with a saw, vibrating knife, rock saw, narrow trencher with sharp blades, or other approved root - pruning equipment. Any roots damaged during grading or excavation shall be exposed to sound tissue and cut cleanly; and, c. avoid soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and/or dumping of materials under dripline of trees. Party Responsible for implementation: Applicant Party Responsible for monitoring: Gilroy Planning Division I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2006 -11 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 February, 2006, 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 21 st day of February, 2006. City Clerk of the City of Gilroy (Seal)