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Resolution 1996-25 . . . RESOLUTION NO. 96-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S 95-34 (PUD) , AN APPLICATION FOR ARCHITECTURAL AND SITE REVIEW APPROVAL FOR A PLANNED UNIT DEVELOPMENT (PUD) TO TRANSFER DENSITY AND CONSTRUCT DWELLING UNITS ON APPROXIMATELY 145.8 ACRES ON PROPERTY SUBJECT TO Z 95-03 WHEREAS, Valley Title Co. ("applicant") has submitted A/S 95-34 (PUD) requesting Architectural and Site review approval for a Planned Unit Development (PUD) involving the construction of dwelling units on approximately 145.8 acres zoned R1-PUD (Single Family Residential - Planned Unit Development), RH-PUD (Residential Hillside Planned Unit Development) and PF-PUD (Park/Public Facili ty Planned Unit Development) and proposing a density transfer from property zoned RH-PUD and PF-PUD of approximately 48 dwelling units to the remainder of the property within Z 95-03; and WHEREAS, the proposed project is located west of Santa Teresa Boulevard, north of Longmeadow Drive and northeast and northwest of the future extension of rancho Hills Drive and north of Sunrise Drive as more particularly described in Exhibit A attached hereto and incorporated herein by this reference; and WHEREAS, an Initial Study was prepared for this project which identified potentially significant effects on the environment and a Mitigated Negative Declaration was adopted by the City Council on April 1, 1996, in accordance with the California Environmental Quality Act ("CEQA"), which Mitigated Negative Declaration is attached hereto as Exhibit B and incorporated herein by this reference; and WHEREAS, the proposed project conforms to the land use designation for the property on the General Plan Map and is consistent with the intent of the text of the General Plan Document; and IRPJ\306015.01 63-041704700002 -1- RESOLUTION NO. 96-25 . . WHEREAS, the Planning Commission at its duly noticed meeting on March 7, 1996, after considering all of the evidence before it, voted to recommend denial of A/s 95-34 because such denial was consistent with its recommendation to deny a zoning change; and WHERAS, the City Council at its duly noticed public meetings of March 25, 1996 and April 1, 1996, considered the project and the conditions proposed for its approval, along with staff reports, pUblic testimony, and documentation and other evidence and voted to initiate approval of the project subject to 20 conditions stated in the staff report dated December 27, 1995 (Revised March 18, 1996) plus 2 added conditions, all of which conditions are attached hereto as Exhibit C and incorporated herein by this reference; and WHEREAS, the location and custodian of the documents or other material which constitute the record of the proceedings upon which this resolution is based is the office of the City Clerk; NOW, THEREFORE, BE IT RESOLVED THAT: SECTION I The City Council hereby finds that as set forth more fully in the staff report referred to above, A/S 95-34 (PUD) complies with subsections (A) through (I) of Section 50.55 of the Gilroy Zoning Ordinance as required to grant PUD architectural and site approval. SECTION II The City Council hereby finds that: 1. This project is consistent with the Gilroy General Plan. 2. The City Council on April 1, 1996 adopted the Mitigated Negati ve Declaration which included this property with mitigation measures and a mitigation monitoring plan. SECTION III A/S 95-34 (PUD) should be and hereby is approved, subject to the 22 conditions set forth in Exhibit C, and' subject to the IRPJ\305015.01 63-041704700002 -2- RESOLUTION NO. 96-25 . . mitigation measures and mitigation monitoring program set forth in Exhibit B. PASSED AND ADOPTED this 22nd day of APril, 1996, by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, VALDEZ, GAGE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: ATTEST: w~b. Susanne E. Steinmetz, \RPJ\306015.01 63-041704706002 -3- RESOLUTION NO. 96-25 U~i~U/~O ~~;4u 'Q' ~, ; , " '-""-"""". / l~'- --- . i - IiiI 006/006 -....::~ ..~. - .-=--,~~.... .. ..- .-,-;r'ir - '. ,. . :-"'-r Iii " _.11 .;m ...... . ~..... -.'" / ,. . 1\ I \.. I "- ....... T I I I -.., " ~=(>' ," !'....." ..... . . RH I I I , I I , I ....., "-~ _I " ~. <oS' . -I ~ l- .J..,.: "'~:l ~'Qf.,rI:7 ;. _ tSt"'"l, ~ '...... j r;p \ _.-..J fig . , .,~. ,~ , , , , ,'Y;- Ill:' r. !\~'- ~. ~ ~e-,_ . c . ., . , . Rl',.,... PF o > ..l Cl " -j Rl -~~G _ ......;,. Ate"" D. o~. . .'.:-.4bjljn11i ~' -; ~!$" :1 =:;- ~ ~!:i ~ ;;)~, ,$.i......, . _ ,~. '1,-.1 J...-."..;. . , . - I .., " < ca IU C::;. . III I~ U , , ~H I I I "-~~H! 'I"''"'' "I""" I '~ii ............ ~ :::K.., ......" r ' .D ,< - ~ z < "" co Rl -' - ~ ~"'-'~:I- "~Fi-~ ,~~::. s'-lf ~.IliI1fi."'" .. 'I. . I ., '~1 ...... ~ ~ ./' . . I ~. ~'>-\~ . '" ~ :-...: f'~' - . "- .--, ~ ~..... ~_'" ...a..: ......-./!, :.:. "1 '..f'-....~. 'i\ . , I I 'l".1iD. J I I , ,;. \).,~ '!::i ""/llji!:~flll r#<" ~ >oj ,." CT _': ; " ,w..~ I ~ ~~ "i t::!~' . -:-= ,:...- ".::;.... I 'z! wr. I-iI i ~i":- J.;;;~ · r; -:! r: I II WANELLI 7 F-fb'- D~ I II 'R~1' I I I la...!' '--'i~ " <Z -, . , .",.. I r-; -"" I .1 ,_ II ~l I.J:;. . J...,....: '.-= --, . LOCATION MAP FOR Z 95-03 & A/S 95-34 (PUD) # EXHIBIT A . EXHIBIT "B" . Community Development Department Planning Division Negative Declaration (FinalDraft) City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 (408) 848-0440 City File Number: Z 95-03, TM 95-02, TM 95-03 and A/S 95-34 (PUD) Proiect Description Name of Project: Nature of Project: Rancho Hills and Deer Park Subdivisions Proposed request to rezone the entire project site from RI (Single Family Residential) and RH (Residential Hillside) to RI PUD (Single Family Residential, Planned Unit Development) and RH PUD (Residential Hillside, Planned Unit Development), and to subdivide two parcels totalling 200.8 acres into 294 residential lots & 2 remainder lots. Project Location Location: West of Santa Teresa Boulevard, between Longmeadow Drive and Day Road, bounded by Sunrise Drive, Eagle Hills Way, and Eagle View Way. 783-48-080, 783-49-056 and portions of783-20-024, 030 Assessor's Parcel #: Enti(y or Person(s) Undertaking Project Name: Address: Valley Title Company 1955 The Alameda, San Jose, CA 95126 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 i6 on file at the City of Gilroy Planning Division, 7351 Rosanna Street, Gilroy, CA 95020. Findings & Reasons ,f. The Initial Study identified potentially significant effect6 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 reason6 will support these findings: I. The proposal is a logical component of the exi6ting 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. " . Draft Negative Declaration Z 95-03, T M 95-02, T M 95-03, A/S 95-34 . 2 Final Draft 4-10-96 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 City staff, and this Negative Declaration reflects the independent judgement of the City of Gilroy, Mitigation Measures 1. The project shall be designed in accordance with earthquake design regulations of the Uniform Building Code, subject to review and approval by the City Building Division (Deer Park Subdivision and Rancho Hills Estates Subdivision). 2. A certified geologist shall review the 1986 Soil and Geologic Investigation prepared by Applied Soil Mechanics, Inc, and its appropriate application to the currently proposed tentative maps. If necessary, a new soil and geologic investigation shall be performed to identitY appropriate mitigation measures for the current tentative maps. This shall be accomplished prior to issuance of a building permit, subject to review and approval by the City Engineering Division (Deer Park Subdivision and Rancho Hills Estates Subdivision), 3. The design and construction of all storm drainage improvements serving the project site shall be provided by the developer, subject to review and approval by the City Engineering Division (Deer Park and Rancho Hills Estates), 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 in the hillside away from the streets and buildings and into approved drainage structures. 4. Developers shall pay the appropriate storm drain-development.fees; subject to review by the City Engineering Division prior to issuance of a building permit (Deer Park and Rancho Hills Estates). 5. The developer shall apply for and obtain a General Permit for Storm Water Discharges Associated with Construction Activity 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 (Deer Park and Rancho Hills Estates). These terms include, but are not limited to, the following: . Draft Negative Declaration Z 95-03, T M 95-02, T M 95-03, NS 95-34 . 3 Final Draft 4-10-% a. The use of water quality controls (i.e. Best Management Practices) both during and after construction, for example: . Design project to focus on minimizing directly connected impervious surfaces to provide for slowing of storm water flows and increasing recharge potential; . Stabilizing denuded areas prior to the wet season (October I through May I); . Limiting construction access routes and stabilizing access points; . Protecting adjacent properties with sediment barriers, dikes, or mulching; . Using proper construction material and construction waste storage, handling, and disposal practices; . Protecting outdoor storage materials from drainage with berms and roof covers; . Using appropriate landscape controls (irrigation and application offertilizers, herbicides, and pesticides); and . Installing structural storm water treatment controls such as wet ponds, swales, vegetated filter strips, extended detention basins, and sand filters. b. Performance of routine visual monitoring of these controls; and c. Submittal of an annual report, documenting all surface water drainage information to the State Water Resources Control Board. 6. The project proponents shall prepare a transportation improvement plan to include the following items: a. Design and install a traffic signal at Longmeadow Drive/Santa Teresa Boulevard from initial development of the project, prior to sale and building occupancy. This improvement is eligible for reimbursement though the City's traffic impact fee program. b. Design and improve Santa Teresa Boulevard from Mantelli Drive to the south segment of Day Road, when warranted by the City Engineering Division and the County. This shall include a date and phasing schedule. Construction and phasing plans shall be subject to review by the County and review and. approval by the City Engineering Division. This improvement is eligible for reimbursement though the city's traffic impact fee program. c. The short connection between Eagle View Way and Sunrise Drive (in the central portion of Deer Park Subdivision) should be aligned with other north/south roadways. A proposed realignment is presented in Figure 4 of the traffic report. d. The following measure shall be implemented to reduce the impact on Eagle View Way: . Phase the development so that only 75 dwelling units are constructed that will load traffic primarily onto Eagle View Way prior to the construction of Sunrise Drive. " ~ Draft Negative Declaration Z 95-03, T M 95-02, T M 95-03, AlS 95-34 ~ 4 Final Draft 4-10-% e, Before constructing Sunrise Drive, only 47 units in the southeast portion of the project site and approximately 150 units in the two sections located in the northwest portion of the site can be constructed. Sunrise Drive shall be fully constructed between Santa Teresa Boulevard and the proposed project. Construction and phasing plans shall be subject to review by the County and review and approval by the City Engineering Division. It should be designed for two travel lanes, parking, curbs, and gutters. It should flare out at Santa Teresa Boulevard to include turn lanes. The final specific design for Sunrise Drive shall meet the requirements of the General Plan designation for street capacity in the area. Preparation ofthis transportation improvement plan will include revising the tentative subdivision map for Deer Park. The transportation improvement plan will be subject to review and approval by the City Engineering Division, prior to approval of the final subdivision map and final improvement plans (Deer Park Subdivision and Rancho Hills Estates Subdivision). 7. The developers shall be responsible for submitting a dust control program which shall include the applicant being limited to grading no more than four acres per day. This mitigation shall be implemented throughout project work, and the applicant shall water all exposed ground surfaces at the end of each day, and shall water at least once during the work day. Additional water shall be applied to the ground surface if dust becomes airborne. This mitigation shall be implemented throughout project grading operations. The program is subject to review and approval by the City Building Division, consistent with existing city policies and codes, prior to issuance of a building permit (Deer Park Subdivision and Rancho Hills Estates Subdivision). 8. Noise-generating construction activities shall be restricted to 7 a.m. through 6 p.m.. Construction equipment shall be properly muffied and maintained. The contractor work specification for all construction activities shall reflect these measures, subject to review and approval of the City Building Division prior to issuance of a building permit (Deer Park Subdivision and Rancho Hills Estates Subdivision). 9. Prior to development of the site, the developer shall pay required City of Gilroy Public Safety impact fees (Deer Park Subdivision and Rancho Hills Estates Subdivision). 10. The developer shall provide required impacts fees to the Gilroy Unified School District and fulfill terms of an existing school mitigation agreement (Deer Park and Rancho Hills Estates Subdivision). I I. Prior to development of the site, the developer shall pay required City of Gilroy Parks and Recreation impact fees (Deer Park Subdivision and Rancho Hills Estates Subdivision). 12. If archaeological resources or human remains are discovered during construction, work shall be halted within 50 meters (150 feet) of 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 (Deer Park Subdivision and Rancho Hills Estates Subdivision). 13. The developer shall submit a work plan addressing how the dump area will be removed. The work plan will need to include a sampling procedure that will adequately determine the presence of soil or groundwater contamination. The developer shall retain the services of a qualified environmental testing company to collect the samples. Samples will be analyzed by a certified laboratory for EPA 608,8015,8020, and total recoverable oil and grease. . Draft Negative Declaration Z 95-03, T M 95-02, T M 95-03, A1S 95-34 . 5 Final Draft 4- 10-96 The work plan shall be developed in coordination with a qualified archaeologist because of the potential for cultural materials in the area. If soil or groundwater contamination is present, a remedial work plan must be submitted and approved by the Gilroy Fire Division, Building, Life, and Environmental Safety Division, and Chemical Control Division, prior to taking any remedial action. The remedial work plan shall include the presence of an archaeological monitor. All action must be completed and accompanied by a letter of closure by Chemical Control prior to final map approval (Rancho Hills Estates Subdivision). Should cultural resources be found in the area, an evaluation shall be made of the presence and significance of the site, and recommendations formulated for mitigation and protection of any cultural resources present. 14 Developer is required to use a temporary road on Sunrise Drive to serve as access for heavy equipment for construction purposes. 4/10/96 Date Prepared: September 26, 1995 (FeVc",LW9€>) End of Review Period: October 24, 1995 Date Approved By City Council: Norman Allen Community Development Director . . , MITIGATION MONITORING PROGRAM CHECKLIST Deer Park and ]btnoho BiDs Estates Initial Study Prior to issuance of a Building Permit, the following mitigations shall be implemented: Mitigation Party Party llespomdbIe for Nature of Mitlgation Responsible for Number Imniementation }f,noHorh.g 1 Development dMii"Rd in Developer City Building Department accordance with earthquake (Deer Park and . . . 1l.son..hn Hills Est.) 2 Review 1986 soil 8Dd geologic Developer City B11iJrH..g Department investill"ti"1l; prepare DeW (Deer Park and report if_rw-y Rancho Hills Est.) ~ C'ollSt:Fu.Gt 4:l:_.:..1..gtl fisgr JJaftlap. Cii3'llW1"'~Il'];lllf_1 . lilt ~~1iii.. at laut 'URn {stat above 0:'..-...1..11 a:n.. Est..) . . . .,;-. . . Pay storm drain development Developer City Dep/utment of Public 4 fees (Deer Park and Works 1l.son..n,> Hills Est.) 00(;- Obtain NPDES permit Developer City Department of Public 5 (Deer Park and Works Rancho Hills Est.) -e- Submit dust c:ontrol program Developer City PlAnn;ng Department 7 (Deer Park and 1l.son..ho Hills Est.) -9- Prepare contractor work Developer City BITi\,Hng Department 8 specifications for an collStructi.cm (Deer Park and activities to include restricting RAnmo Hills Est.) noise-generating acti.'9ities to from 7 am to 10 llDI. ;,e- Pay reqaired public safety fees Developer City PlAnlTi..g Department 9 (Deer Park and Rancho Hills Est.) ~ Pay atatutoryimpact fees Developer City PlAnn;ng Department 10 (Deer Park and Rancho Hills Est.) "!2- Pay l"'t........i parks and Developer City PlAnn;ng Department 11 recreation impact fees (Deer Park and Rancho Hills Est.) I -ie-' Include archaeological resources Developer City PlAnn;ng Department 12 language on all construction -(Deer Park and plans Rancho Hills Est.) 14 Temporary access road for Developer City Engineering Div. heavy construction equipment (Deer Par~ and Rancho Hills Est.) . . , MITIGATION MONlTORlNG PROGRAM CBECKLIST Deer Park and Rancho Hills Estates Initial Study Prior to recordation of the Final Subdivision Map, the following mitigation measures shall be implemented: Mitigation Nature of Mitigation Party Party IlesponsjbIe for Respousible for Number lmniemeDtation Mftmtoring ... Design storm drain Developer City Public Works 3 improvements. !Deer Park 8Dd llepartmem Rancho Hills Est.) -+ Prepare tnmsportation Developer City Public Works 6 improvemBDt plans !Deer Park 8Dd Department R..n..'hn Hills Est.) -+r- Prepare a work plan to address Developer City Fire Department, 13 removal of dump site. Test for <Rancho Hills Est.) B.n1ding, Life, 8Dd soil and/or groundwater En.h....,l18J1tal Safety CODt.Amnation. If t!ftfthlntina+jon Division, C'h"'llical. Control exists, prepare a remedial work i plan. . Site must obtain -closme-. All work must be dtme in coordination with a qualified archaeologist due to potential lrigrrifi..."t cultural. l'lIllOIUl:eS at the site. t . A1S ;5-34 (PUD) . EXHIBIT C 6 . 12127/95 (revised 4/17/96) In addition. Staff ~ommends the followiQI conditions be placed on the ,ranti", of this request: 1. Specific architectural design plans for the lots aeated under TM 95-02 and TM 95-03 sball require additional ArchitecturaI & Site (PUD) Review approval prior to buildout. In addition, those portions of the project site, delineated on the plans as "Designated Remainder" and "Attached Housing, " shaII require additional Architectural & Site Review PUD approval prior to buildout, subject to the review and approval of the Planning Division. 2. MITIGATION MEASURES #1 THROUGH #15, contained within the Negative Declaration prepared underZ 95-03, dated July 1995, shaII be applied to the approval of the project in order to reduce and/or mitigate all potential significant impacts to a level of insignificance, as required under the California Enviromnental Quality Act (CEQA). 3. An all-weather access road, not less than 20 feet in width, for fire engines shall be provided before commencing any combustible construction. Fire hydrants shaII also be installed and maintained before combustible construction begins, to meet the approval of the Building, Life, & Enviromnental Safety Division. 4. Hydrant locations and water main smng sball be approved by the Building, Life, & EnvironmemaI Safety Division, prior to building permit issuance. 5. Dead-end access roads, in el<<leSS of one hundred fifty (150) feet in length, shaII enable fire engines to turn around. Twning radii sball not be less than thirty-nine (39) feet, subject to the review and approval of the Building, Life, & Enviromnental Safety Division. 6. The developer shaII provide adequate dual access for each phase development to meet the approval of the Building, Life, & Environmental Safety and Engineering Divisions. 7. Street improvements and the design of all stonn drainage, sewer and water lines, and all street sections and widths shaII be subject to'the review and approval by the Engineering Division. 8. The utilities shall be installed per the City's Master Plans and the local Master Plans which were prepared by MacKay and Somps. 9. Each phase of this project shaII meet all design requirements of the Engineering Division. 10. For the necessmy oft:.site dedications to the City of Gilroy required by the roadway and/or utility main design, the developer sbaIl pay all the costs of any land purchase for the ultimate right-of-way -and-easements~ -ThlHievelepershall, -within-21-daysafter-€ity CuunciI approval of the Tentative Map, deposit the estimated cost of all condemnation expenses with the City of Gilroy's Comm1lnity Development Department. All costs of the condP.lllnation procedure shaII be paid by the developer. AIl easements and right-of-ways nwst be dedit-ated and/or deeded to the City of Gilroy before Final Map approval I I. All utilities to, through, and on the site shall be installed underground in accordance with the Gilroy Code Section 2 I .120, subject to the review and approval by the Public Works Division. 12. All grading operations and soil compaction activities shall be per the approved soils report and shaII meet with the approval of the City Engineer. NS 95-34 (PUD) . 7 . 12/27/95 (revised 4/17/96) 13. An enaoachmeot pennit will be required from the Santa Clara Valley Water District for the outlet structures and locations prior to Final Map approw1, subject to the review and approval of Engineering Division. 14. An encrnarJunelJt pennit will be required from the Santa Clara County Transportation Agency for all work on Santa Teresa Boulevard, subject to the review and approval of Engineering Division. 15. Street improvements and the design of all storm drainage, sewer and water lines, and all street sections and widths shaI1 be subject to the review and approval of Engineering Division. 16. All utilities to, through, and on the site shaI1 be constructed underground, in accordance with Municipal Code Section 21.120, subject to the review and approval of Engineering Division. 17. All improvements are to be done per City of Gilroy standards and approved by the City Engineer. 18. Off-site street improvements shaI1 be per City of Gilroy Standard Details. These include pipe, valves, hydrants, back flow devices, concrete, trench back-fill, etc, subject to review and approval by the Engineering Division. 19. All retaining waIIs nwst be constructed of permanent materials such as concrete or masonry; wood shaII not be used, subject to the review and approval by the Building and Engineering Divisions. 20. All existing water wells shall be sealed to meet the approval of the City Engineer and the Santa Clara Valley Water District (SCVWD). 2 I. Approximately 48 units may be transferred from the hillside areas of the property which are designated Residential Hillside and ParklPublic Facility, to the remainder of the property, subject to review and approval by the Planning Division. 22. Residential dwelling units proposed for development within the 6.3:1: acre site zoned RI (Single Family Residential) and located west of Rancho Hi1Is Drive shaI1 not be constructed any higher than one story, subject to review and approval by the Planning Division. . . I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 96-25 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 22nd day of April , 19~, 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 26th day of April ,1996. 4Je/k Icity Clerk of the City of Gilroy (Seal)