Ordinance 1998-19ORDINANCE NO. 98-19
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING AN APPLICATION FOR A CHANGE IN
THE ZONING DESIGNATION FROM R1 SINGLE FAM]LY
RESIDENTIAL AND R3 -PUD MEDIUM DENSITY
RESIDENTIAL-PLANNED UNIT DEVELOPMENT TO R1/R3-
PUD SINGLE FAMILY RESIDENTIAIdMEDIUM DENSITY
RESIDENTIAL-PLANNED UNIT DEVELOPMENT ON
APPROXIMATELY 64.32 ACRES, APN 790-04-037, 038, 062, 059,
057, Z98-05
WHEREAS, South County Housing Corporation, the applicant, submitted application Z98-05
requesting to change the zoning designation on property identified as APN 790-04-037, 038, 062,
059, 057 from R1 (Single Family Residential) and R3-PUD (Medium Density Residential-Planned
Unit Development) to R1/R3-PUD (Single Family Residential/Medium Density Residential - Planned
Unit Development) and consisting of approximately 64.32 acres; and
WHEREAS, the name of the project is Los Arroyos Planned Unit Development, and the
property affected by Z98-05 is located west of Kern Avenue, between Mantelli Drive and Tatum
Avenue, adjacent to the Santa Clara Valley Water District drainage channel, such land being indicated
on the map attached hereto as Exhibit A; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City
prepared an expanded initial study and circulated a proposed Negative Declaration, all in accordance
with CEQA; and
WHEREAS, the Planning Commission reviewed application Z98-05 at its duly noticed public
heating on July 1, 1998, and recommended that the City Council adopt the proposed Negative
Declaration and approve application Z98-05; and
WHEREAS, the City Council on July 20, 1998, in connection with this project adopted a
Negative Declaration with fifteen mitigation measures, for which a Mitigation/Monitoring program has
been prepared, finding that the Negative Declaration was completed in accordance with CEQA,
reflected the independent judgment of the City and that, on the basis of the initial study and any
\KHM~418304.01 - 1 - ORDINANCE NO. 98-19
83-072404706002
comments received thereon, there was no substantial evidence in the record that the project will have a
significant effect on the environment; and
WHEREAS, the City Council reviewed application Z98-05 and all documents relating thereto
and took oral and written testimony at its duly noticed public hearing on July 20, 1998; 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 finds that the zone change is consistent with the land
use designation of the General Plan Map and the policies of the General Plan as fully
discussed in the Staff'Report dated June 24, 1998.
B. The City Council hereby finds that this project will add to the needed supply
of single family homes, and multi-family apartments in the City.
C. The City Council finds that application Z98-05 should be and hereby is
approved, subject to the 15 mitigation measures set forth in the Negative Declaration
attached hereto as Exhibit B and incorporated herein by this reference.
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8~072404706002
D. The Mitigation/Monitoring Program for the project set forth in Exhibit B is
hereby adopted.
PASSED AND ADOPTED this 8th day of September, 1998 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL
GILROY
NONE
NONE
APPROVED: ~ t~
K A. Mike Gilroy, Mayor
ATTEST:
Rhdnda Pellin, City Clerk
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83-072404706002
I L R
EXHIBIT "A"
LOCATION MAP FOR THE LOS ARROYOS DEVELOPMEN-I'
Community Development Department
P1 i Di ' '
ann ng
V1SlOn
NEGATIVE
DECLARATION
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
(408) 848-0440
City File Number: M 98-06
Project Description:
Name of Project:
Nature of Project:
Los Arroyos Planned Unit Development
Request to construct 373 dwelling units, a child care/community center, and
a 2.5 acre public park on a 64.8 acre parcel
P~-o.i eot Location:
Location:
Property located East of Santa Teresa Boulevard, West of Kern Avenue, North of
Mantelli Drive, and South of Longmeadow Drive
Assessor's Parcel Numbers: 790-04-037, 038,057, 059,062
Entity_or.P_erson(sLUnder t akingP~ro'leet:
Name: South County Housing
Address: 7455 Carmel Street
Gilroy, CA 95020
and
Glen Loma Group
7888 Wren Ave. Suite D-143
Gilroy, CA 95020
Initial Study:
An Initial study of this project was undertaken and prepared for the propose 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 "B"
Preliminary Negative Declaration 2 5/27/98
Los Arroyos PUD
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, and this property is
surrounded by development on all sides.
Identified adverse impacts are proposed to be mitigated through preparation of special studies,
and construction of off-site improvements.
The proposed project is consistent with the adopted goals and policies of the General Plan of
the City. of Gilroy.
The Initial Study was independently reviewed by City staff, and this Negative Declaration
reflects the independent judgement of the City of Gilroy.
MRigatioxLMeasures:
A soils investigation shall be prepared for the project by a qualified soils engineer. The
recommendations of the soils investigation shall be incorporated into the final improvement
plans and shall be reviewed and approved by the Gilroy Engineering Division, prior to
approval of the final map.
The design and construction of ail storm drainage improvements serving all phases of the
project site shall be prepared in accordance xvith the Santa Clara County Water District
standards and provided by the project developer, subject to review and approval by the City
Engineering Division, the Santa Clara Valley Water District, and the U.S. Natural Resources
Conservation Service. These design plans shall include, but not be limited to:
a. Applicable storm water source and treatment-based best management practices, applied
and maintained, as recommended in the California Storm Water Best Management Practice
Handbook;
b. Provisions for periodic sweeping for roadways, driveways, and parking areas on the project
site;
c. A design to reflect the City's Storm Water Master Plan;
d. Paved areas shall be designed to minimize drainage that is channeled to one location.
Pathway paving shall be kept to a minimum, and shall be porous in nature, wherever
feasible;
e. Drainage facilities shall be designed and installed to collect and transport the natural flows
away from the streets and buildings and into approved drainage structures; and
Preliminary Negative Declaration 3 5/27/98
Los Arroyos PUD
f. Site grading shall not cause drainage into the creek.
Apply for and obtain a General Permit for Storm Water Discharges Associated with
construction Activity, for the entire project site, by submitting a completed Notice of Intent
form and appropriate payment to the State Water Resources Control Board prior to the
issuance of a building permit. Further, the developer shall be required to comply with the
terms of this permit during and after construction of the project. These terms include, but are
not limited to, the use of water quality controls (i.e., Best Management Practices) both during
and after construction, for example:
a. Design project to focus on minimizing directly connected impervious surfaces to provide
for slowing of storm water flows and increasing recharge potential.
b. Stabilizing denuded areas prior to the wet season (October 1 through May 1);
c. Limiting construction access routes and stabilizing access points;
d. Protecting adjacent properties with sediment barriers, dikes, or mulching;
e. Using proper construction material and construction waste storage, handling and disposal
practices;
f. Protecting outdoor storage materials from drainage with berms and roof covers;
g. Using appropriate landscape controls (irrigation and application of fertilizers, herbicides,
and pesticides); and,
h. Installing structural storm water treatment controls such as wet ponds, swales, vegetated
filter strips, extended detention basins, and sand filters.
The following control measures shall be incorporated into any permits issued for all phases of
the project:
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.
E. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent
public streets.
F. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously
graded areas inactive for ten days or more).
G. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles
(dirt, sand, etc.).
H. Limit traffic speeds on unpaved roads to 15 mph.
I. Install sandbags or other erosion control measures to prevent silt mnoffto public roadways.
J. Replant vegetation in disturbed areas as quickly as possible.
Preliminary Negative Declaration 4 5/27/98
Los Arroyos PUD
k. Install wheel washers for all existing tracks, or wash off the tires or tracks of all trucks and
equipment leaving the site.
1. Install wind breaks, or plant trees/vegetative wind breaks at windward side(s) of
construction areas.
m. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles
per hour.
n. Limit the area subject to excavation, grading, and other construction activity at any one
time.
Prepare a grading plan for all phases, that shall include, but not be limited to, specifications
requiring that no materials or machinery will be allowed within the boundaries of the Santa
Clara Valley Water District facilities. This would include any grading, and/or fill material or
grading, and/or construction vehicles, etc. The plan shall be subject to review and approval
by the City Engineering Division and the Santa Clara Valley Water District, prior to approval
of the final map. Monitoring shall take place during grading and construction activities and
shall be performed by either the City Engineering Division or the Santa Clara Valley Water
District.
Work which takes place within waters of the United States must be authorized by the U.S.
Army Corps of Engineers pursuant to Section 404 of the Clean Water Act (CWA) (33 U.S.C.
1344). Waters of the United states generally include tidal waters, lakes, ponds, rivers, streams,
and wetlands. If implementation of Mitigation Measure 5 is not feasible, Mitigation Measure
6 will reduce potential impacts to a less than significant level.
The project developer shall contact the U.S. Army Corps of Engineers (CORPS) and Regional
Water Quality Control Board (RWQCB) at the earliest possible stage of planning all phases
to determine if the nature of the proposed work would require a permit under the provisions
0fClean Water Act Section 404. If consultation with the Corps and RWQCB determines that
a permit is necessary, permit requirements may include, but not be limited to, the following
actions to be completed prior to issuance of a building permit.
· Delineate the amount of wetlands to be filled during construction activities;
· Obtain a water quality certification or waiver from the Regional Water Quality Control
Board; and
· Apply for Corps permit or notify the Corps prior to fill activities.
Prior to issuance of a building permit for each phase, the project developer shall complete the
following tasks:
Submit a landscape plan, for review and approval by the Planning Division, indicating the
location, size, and species of existing trees (oaks, elms, and any other native trees) found
within the Tentative Map boundaries. Indicate which trees are planned for removal.
Preliminary Negative Declaration 5 5/27/98
Los Arroyos PUD
The City shall determine which trees, if any, are "significant." If the City determines that
significant trees will be retained, the landscape plan shall indicate which trees are to be
retained. During construction of the proposed project, the following measures will occur:
I) Significant trees shall be fenced prior to grading activities to prevent root damage. The
fencing shall, at minimum, conform to the dripline of the tree. A radius of one to 1.5 feet
per inch diameter is desirable; and, 2) Construction vehicles shall be routed around the
dripline of the tree.
If this is not feasible, then the project developer shall hire a certified arborist to prepare a
mitigation plan for review and approval by the Planning Division.
The following language shall be included on any permits issued for the project site, including,
but not limited to building permits for the future development. "All noise generating
construction activities shall be limited to weekdays between 7 a.m. and 7 p.m., to Saturdays
and City holidays between 9 a.m. and 7 p.m. No construction is allowed on Sundays."
For Phase I, the project developer shall construct a 12-foot high, acoustically-effective barrier
along the property line contiguous with Santa Teresa Boulevard. Openings up to 40 feet wide
may occur in the barrier where the project site cul-de-sacs abut Santa Teresa Boulevard.
To control flanking noise, the 12-foot high barrier must continue along the north and south
property lines contiguous with the North Morey Channel and the South Morey Channel. These
flanking barriers must be designed as follows: 12 feet high for 15 feet, at 11 feet high for 10
feet, at 10 feet high for 9 feet, at 9 feet high for 12 feet, at 8 feet high for 16 feet, at 7 feet high
for 17 feet and 6 feet high for 150 feet. This flanking barrier extends a total of 229 feet along
the north and south property lines of the project site.
Alternative soundwall designs may be acceptable, but are subject to the review and approval
o f the Community Development Department.
10.
For Phase I, a noise barrier designed with fence openings at the cul-de-sac locations, the
project developer shall install acoustically-effective six feet high side yard fences to connect
the sides of the first row of homes along Santa Teresa Boulevard with the main noise barrier.
These side yard barriers are designed to prevent noise that transmits through cul-de-sac
openings from entering the sides of yards. Gates may be included in the barriers. The barrier
heights are in reference to the nearest building pad elevation.
To achieve an acoustically-effective barrier, it must be made air-tight, i.e., without cracks,
gaps, or other openings and must provide for long-term durability. The barriers can be
constructed of wood, concrete, stucco, masonry, earth berm, or a combination thereof, and
must have a minimum surface weight of 4.0 pounds per square foot (lbs. per sq. ft.) for barriers
10 feet tall and taller, and 2.5 lbs. per sq. ft. for barriers under 10 feet tall. If wood fencing is
used, homogenous sheet materials are preferable to conventional wood fencing as the latter has
Preliminary Negative Declaration 6 5/27/98
Los Arroyos PUD
a tendency to warp and form openings with age. However, high quality, air-tight, tongue-and-
groove, shiplap, or board and batten construction can be used, provided the minimum surface
weight requirement is met and the construction is air tight.
The noise control barriers must be constructed so that all joints, including connections with
posts, pilasters or the building shells are sealed air-tight and no openings are permitted between
the upper barrier components and the ground. Gates may be incorporated into the side yard
barriers, however, they must meet the surface weight requirements described above, and must
fit tight when in the closed position. The gap under a gate shall be no more than an inch.
Alternative soundwall designs may be acceptable, but are subject to the review and approval
of the Community Development Department.
11.
Maintain closed at all times all windows on the second floor and unshielded first floor living
spaces within 265 feet of the centerline of Santa Teresa Boulevard and with a direct or side
view of the roadway. At spaces within 90 feet of the centerline of the road, install windows
rated minimum Sound Transmission Class (STC) 35. At spaces between 90 feet and 167 feet
of the centefline of the mad, install windows rated minimum STC 30. At spaces between 167
feet and 265 feet of the centerline of the road, install windows rated minimum STC 26.
Provide some type of mechanical ventilation.
12.
The windows specified to be maintained closed are to be operable, as the requirement does not
imply a "fixed" condition. All other windows of the development, including bathroom
windows, may have any type of glass with the exception of bathroom windows that are an
'integral part of a living space and not separated by a closable door, such as those common in
master bedroom suites.
13.
When windows are m~mtained closed for noise control, some type of mechanicaI ventilation
to assure a habitable environment should be provided· The mechanical ventilation
requirements are specified by the Uniform Building Code (UBC).
14.
In addition to the required STC ratings, the windows and doors shall be installed in an
acoustically-effective manner. To achieve an acoustically-effective window construction, the
sliding window panels must form an air-tight seal to the outside environment when in the
closed position and the window and door frames must be caulked to the wall openings around
their entire perimeter with a non-hardening caulking compound to prevent sound infiltration.
15.
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 the future development, pursuant to the
review and approval of the Gilroy Planning Division:
Em:t 6f'R~*view Period: J'une 22, 1998
Date Approved ]By City Council:
William
I, RHONDA PELL1N, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 98-19 is an original ordinance, duly adopted by the Council of the City of Gilroy at
a regular meeting of said Council held on the 8th day of September, 1998, 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 17th day of September, 1998.
City Clerk of the~ City of Gilroy
(Sefl)