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Home My WebLink AboutResolution 1999-25 . . RESOLUTION NO. 99-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 98-11, A TENTATIVE MAP WITH FOUR DUPLEX LOTS ON APPROXIMATELY 1.11 ACRES LOCATED EAST OF EIGHTH STREET AND EAST OF CHESTNUT STREET, APN 841-12-053 WHEREAS, Robert Martinez ("Applicant") submitted TM 98-11, requesting a Tentative Map to subdivide an 1.11 acre parcel into four duplex lots; and WHEREAS, the property affected by TM 98-11 is located east of Eighth Street and east of Chestnut Street, as described in Exhibit A attached hereto; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), a Negative Declaration, along with a mitigation/monitoring program, was adopted for this project by the City Council on February 16, 1999; and WHEREAS, the Planning Commission reviewed application TM 98-11 at a duly noticed public hearing on February 4, 1999, and recommended that the City Council approve TM 98-11; and WHEREAS, the City Council held a duly noticed public hearing on February 16, 1999, at which time the City Council considered the public testimony, the Staff Report dated February 10 and February 9, 1999, and all other documentation related to application TM 98-11; 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 finds as follows: \KHM\438408.01 99,030804706002 -1- RESOLUTION NO. 99-25 C. This Tentative Map is approved when, and only if, full force and effect. Ordinance 22:L takes . . L The project is consistent with the site's land use designation on the General Plan map, and with the intent of the General Plan text. 2. The project is consistent with the City's Subdivision and Land Development Code, and the State Subdivision Map Act. 3. There are no facts to support findings requiring denial of the proposed tentative map pursuant to Califomia Government Code section 66474. B. Tentative Map TM 98-11 should be and hereby is approved subject to: L The fifteen (15) conditions identified in the Staff Report dated February 10 and February 9, 1999, attached hereto as Exhibit B, and incorporated herein by this reference. 2. The mitigation measures set forth in the Negative Declaration and the mitigation/monitoring program, attached hereto as Exhibit C and incorporated herein by this reference, PASSED AND ADOPTED this 15th day of March, 1999 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, GILROY NONE NONE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ('r~~ K.A. Mike Gilroy, Mayor \ ~. ~/.<) . . -/7Ld?("""0 .L-€.--(~~ . Rhonda Pellin, City Clerk \KHM\438408.01 99.030804706002 -2 - RESOLUTION NO. 99-25 .Q ~ .:( /' '0",,,- of.~ . . l; 5 w EIGHTH ST. . '" N7O"OO'oo"[, ec.oY I ':l<::l I ~ ~ '" Iof.~ ~ I ':l'" :( /' ",' ~~ of. I'\. C '- 1:111 ~ IJ . . OCT 2 9 1998 . Gilroy Planning Oi\;, ,q I :( " I I N7O'OO'OCJ"[, 22.97 - _1- _ _ ~ :( /' ~ ~~ of. I ------ I I "s i t e Map fo r Z 98-08, TM 98-11,. & A/S 98-39 - ' I SCALE: ," _ 100' EXHIBIT A . ~,." .... '.', - '..:' .' ':I'i> . . TM 98-11 CONDITIONS In addition. staffrecommeuds that the faJlow;Dl" ~onditinns he nlaced"';m the anoroval of this request: - -.- 1. MITTGA nON MEASURES #1 THRmTCTH ~. coDt:ained within the Negati.-e Declaration, dated 12-HJ;.98 shall be applied to the approval of the project in order to reduce and/or mitigate ~..pOtential significant impacts to Ii level of insignificance, as required under the California En:virOlll"Ilental Quality Act (CEQA). 2, The applic:2nttdevcloper shall coustruct a minimnm six-foot-high III8IlOmy or concrete wall along the entire south property boundary, in accordance with Zolling Qrrlin~nrP Section 34.21, subject to revtewand approval by the plAnning DiWion. 3 . Street imprcvemeats and the design of a.Il Starm drainage, sewer and ;r.r.a:er lines, and all street sections and widths sball be subject to the review and approw1 of the Engineering Division. 4. All gradiDg opC11ltiOIlll and soil compaction activities shall be per the'ilppI'Qved soils repQrt, subject to review and approval by the Engineering Division. . 5. Street ilIlprovemeltts and the design of all storm drainage, sewer and water 1ines, and all street sections and widths shall be subject to the review and approval ofEngiDeermg Division. All utilities to, through, and on the site shall b'e construc:tcd undaground, in accordanl::e with Municipal Code Section 21.120, subject to the revieW and approval of Engineering Division. EXHIBIT B . ----.. , ._y;;--:--;.~ 6. All ~.,m,gWBtc:"wdb shall be sealed to mcettheapprcval of the CItyEngin=r aDd the Santa, Clan: Valley Water District (SCVWD). 7. The developer shall instill "No Parking" signs along the private street and lit the cnd of the a11-de-sac, subject to rmcw and ~prova1 by the Engineering DMsioll. . 8. All lots developed within the subject subdiVision shall only be accessed via the private .street, subject to review and approval by the Fnginemng Division.. . 9. Subdivider shall de:fcmi, indemDi:ty:;md hold hanDle>> the City. its citY Council, p!anmng Commissicm, agents, ofli~ and employees from lIIIY claim. action, or proceccling against the . City or its City Co~ PlanniDg Commission, &gems, of!icers, and employees to "attack, set aside, void, or annul an approval of the City, City Council, Planning c;ommission, or other board, adWOI}' agcncy, .or legislative body concerning this subdivision. City will promptly notifY the subdivider of any claim, action, or prcceediDg against it, lIIId will cooperate fully in the dcfCDSe. This condition is imposed pursuant to Califoniia Gov=mnent Code Section 56474.9. 10. Hydrant locations and water IIIllin sUing shall be. approved by the Building. Life, & Envircl'm~1 Saiety Division, prior to buildiDg permit issuance. Equipment and staffing shall be provided for watering of all elCposed or disturbed soil surfaces at least twice daily. An apprcpri.Ue dust pallim:ive or suppressant, added to water bc:fbre application, shall be utilized, subject to review and approval by the Building, Life, and Environmental. Safety Divisioll. 1 L Prior to dev.elopment of the site. the applicant shalf pay required City of Gilroy Public Safety Impaa fees to reduce potential fire protection impacts. subject to review and approval by the Building, Life. and Environmental Safety Division. 12. . The project shall contribute the appropriate development impact fees to the City, subj~ to review ;II:lIf~pproval by the Building, Life, and Environmental' Safety Division, 13. The appliclUit shall obtain approval of a. Planned Unit Development pOOl" to FJDal Map' recordarion. c 14, Prior to FmaI Map recordation, the dcvcloper shaI1 create a legal instrument requiring all future property ownen; wirlrin the subject Pba1ned Ullit D~pmem to share the costs ofmaintaining the private$trce1:, sidcwalk.curb, guner..lighIing,' and laIidscapiDg improvemcms_ Said insttument shall be recorded simultaneously with the FmaI Map, subject to review and approval by the Engineering Division. . 15. 'lhe applicant/developer shall pJ:OVide a funding m=hanism :fUL' the long tenn uaintenance of the wall and landscaping. along the project' 5 Eighth Str=t frontaqe. . Such maintenance agreement shall be reviewed and approved by the City Planning Division prior to Final Map approval. A TT ACHM_ENTA' .. . . Community Development Department Planning Division Negative Declaration . .. ~ .....- '" "..:~..- .~..,. . ~.' -. . '. _.~ " City File Numbers: Z.98-08, TM 98-11 City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 (40&) 848~0440 Project De.cription Name of Project: Nature of Project: Martinez Duplex Development Request to subdivide the 1.11 acre site into four (4) parcels and to construct four (4) duplexes. The proposed subdivision' would ultimately result in the construction of eight (8) residential units with street, sidewalk, utility, and other subdivision improvements on. the site. Proiect Location Location: Assessor's Parcel #: 600 East Eighth Street, east of Chestnut Street 841-12-053 Entitv or Person(s) Undertakilll!' Proiect Name: Address: Mr. Robert Martinez 11550 Center Avenue, 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 Division, 7351 Rosanna Street, Gilroy, CA 95020. Findinv. & Re3.!lons 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 environ11ient The following reasons will support these findings: I. 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 Gilroy General Plan. ...'. 4. The Initial Study was independently reviewed by 9ty staff; and this Negative Declaration reflects the independent judgement of the City of Gilroy. EXHIBIT C > Draft Negative Dc:cIaration . . Files: Z 98-08, 1M 98-11, and .39 2 . 12110198 Miti~tiOD Measure!! 1 A qualified soils engineer shall prepare a soils investigation for the project The recommendations of the soils investigation shall be incorporated into the final building plans and shall be reviewed and approved by the Gilroy Engineering Division prior to approval of the building permit 2 The following control measures shall be incorporated into any permits issued for the proposed project A Water all active construction areas at least twice daily. B. Cover all trucks hauling soil. sand, and other loose mat.erials 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 acc~s roads, p3rking 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. S weep 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-con,struction 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 mplL I. Install sandbags or other erosion control measures to prevent silt runoff to public roadways. J. Replant vegetation in disturbed areas as quickly as possible. .3 The applicant shall modifY the proposed cul-de-sac to enable the provision of four required guest parking spaces, subject to review and approval by the Gilroy Planning Division prior to tentative map approval. 4 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 AM and 6 PM, and to weekends between 8 AM and 6 PM. No construction is allowed on Sundays. In addition, the developer will be required to use temporary berms or noise attenuation barriers will be used where feasible." 5 The developer shall have a city approved noise analysis conducted by a qualified noise engineer. The noise analysis shaI1 be used to determine the need for any noise attenuation structures or special building design considerations. These design considerations shall be incorporated into the overall design of the project, and shall be submitted for review and approval by the City Planning and Building Divisions prior to the issuance of a building permit 6 Due to the possibility that significant buried cultural resOurcllS might be found during construction, the following language shall be included in any permits issued fo.r the project site, including, but not limited to building permits for the futme development, pursuant to the review and approval of the Gilroy Planning Division: "If archaeological resources or human remains are discovc:n:d during construction, work shall be halted at . minimum of200 feet from the find until it can bC evaluated by. qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be fonnulated and implemented " , Date Prepared: December 10, 1998 End of Review Period: Date Approved By Oty Co~cil: William Faus, Planning Division Manager t ATTACHMENT B . . Mitigation Monitoring Checklist Prior to issuance of aBuilding Permit, the following mitigation measures shall be implemented: 1 A qua1ified soils engineer shall prepare a soils investigation for the project The reco=endations of the soils investigation shall be incorPorated into the final building plans and shall be reviewed and approved by the Gilroy Engineering Division prior to approval of the building permit. . The following cQntroi measures shall be incorporated into any permits issued for the proposed 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 dally (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. Limittraific speeds. on unpaved roads to 15 mph. . 1. Install sandbags or other erosion control measures to prevent silt runoff to public roadways. J. Replant vegetation in disturbed areas as quickly as possible. 2 Martinez Duplex Droelopment Mitigation Monitoring Program ~veloper Gilroy'. Building Division Developer Gilroy Planning Division 3 .:c~ ,.~ . . . 3 The applicant shall moclliy the proposed cuI-de- Developer Gilroy $aC to enable the provision of four required guest Planning parking spaces, subject to review and approval by Division the Gilroy Planning Division prior to tentative map approval . 4 The following language shall be included on any Developer Gilroy permits issued for the project site, including, but Building not limited to, building permits for the. future Division development. "All noise generating construction. ' . activities shall be limited to weekdays between 7 AM and 6 PM, and to weekends "etween 8 AM and 6 PM. ~o construction is allowed lJn Sundays. In addition, the developer will be required to use temporary benns or noise attenuation barriers will be used where feasible." - . . 5 The developer shall have a city approved noise Developer Gilroy analysis conducted by a qualified noise engineer. Planning The noise analysis shall be used to determine the Division need for any noise attenuation structures or special building design considerations. These design considerations shall be incorporated into the overall design of the project, and shall b.e submitted for review and approval by the City Planning and Building Divisions prior to the issuance of a building permit. . . 6 Due to the possibility that significant buried Developer Gilroy cultural resourc:es might be found during Planning construction, the following language shall be Division 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: "If archaeological resources or human remains are discovered during construction, work shall be halted at a minimUJIl,of 200 feet from the find until it can be evaluated by a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented." . Martmez Duplex DetJelapment Mitigation Monitoring Program 4 . . I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached Resolution No. 99-25 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 15th day of March, 1999, 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 24th day of March, 1999. W-~A tfZJ", City Clerk of the City of Gilroy (Seal)