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Resolution 1993-09 , . . , , RESOLUTION NO. 93- 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CONDITIONALLY APPROVING APPLICATION TM 92-01 FOR A TENTATIVE SUBDIVISION MAP FOR A FIFTEEN-LOT RESIDENTIAL HILLSIQE SUBDIVISION ON APPROXIMATELY 86.1 ACRES, APNS 783-03-003, -020, -032 AND -034 WHEREAS, The Forest has made application TM 92-01 for a Tentative Subdivision Map approval for a residential hillside subdivision of fourteen residential lots and one remainder lot on approximately 86.1 acres located between Hecker Pass Highway and Mantelli Drive, west of Rancho Real, at the end of vista Del Sur, APNs 783-03-003, -020, -032 and -034, as shown on the map attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the city has prepared and circulated in accor- dance with the California Environmental Quality Act (CEQA) a Negative Declaration for this project, attached as Exhibit Band incorporated herein by this reference; and WHEREAS, the Planning Commission held a duly noticed public hearing on TM 92-0l on February 4, 1993, and after that public hearing voted to recommend that the City council adopt the Negative Declaration and then voted to adopt Resolution No. 93-8 recommending approval of TM 92-01; and WHEREAS, the City Council held a duly noticed public hearing on TM 92-01 on February l6, 1993, and after that public hearing did adopt the Negative Declaration for this project, finding as follows: 1. That the Negative Declaration for this project reflected the independent judgment of the city; and, 2. That there was no substantial evidence before the City Council that the project as mitigated may have a signifi- cant effect on the environment; NOW, THEREFORE, BE IT RESOLVED THAT: A. The mitigation monitoring program required by Public Resources Code section 21081.6 for this project, as set forth in RESOLUTION NO. 93 - 9 -1- . . , Exhibit C and incorporated herein by this reference, is hereby adopted. B. The city council further finds that: 1. The City has properly taken all actions required by CEQA; and, 2. The proposed proj ect is consistent with the Gilroy General Plan because it conforms to the land use designation for the property on the General Plan Map, and it is consistent with the intent of the text, goals, and policies of the General Plan documents; and 3. None of the reasons for denial of the subdivi- sion pursuant to Government Code Section 66474 exist in this case; and C. TM 92-01 should be and hereby is approved, subject to the mitigation measures contained in the Negative Declaration and mitigation monitoring program, for a residential hillside subdivision of fifteen lots on approximately 86.1 acres located between Hecker Pass Highway and Mantelli Drive, west of Rancho Real, at the end of vista Del Sur, APNs 783-03-003, -020, -032 and -034. PASSED AND ADOPTED this 22nd day of February, 1993 by the following vote: AYES: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE. NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None APtJ::w}, ~ Don Gage, Mayor City RESOLUTION NO. 93-9 -2- . II'IIII\~ ~. , ..____no 'f I I I \ ~\ ,.' .~ , . I I ~;j(,dow ! ) D, r T 1 f I,., J r. . i f:--f;1 r I f- -f;if ,J ~ ~I-"- ~ f-~~! ~ I . ~ ) I - -- = L ~ - I \- ~ ~i'" I-- ~ :r iT , ,-~ ~ ~(~ - I --; 4-\=-; ~1 . . 1- . g)i .. Ceo r;; 101. . . , u . ,JJq\~II's~ .L. .' ~ r:5;, '~ i' ~",a:';;: It n1 ck~ : F=- ,,t~ ~ a .,;" " 1/2 'ti; Clfri ~ ~ D <!I 2 .5fJ)/ ~ 4 :</' " \-, - ~ ,! '0' ;- . --' ;n ... -, , ~ " Ii- dJ J I "rm!l~ Z!Y J\( 1 rRl,J- ~J cd I U I'-} ~ " r '\ ,IM,L t#: '.><~ f<3 ~ ,~ ."..~~ I ~f- t- l-~_' , '" .In'n '--'.c" _ 09/49 l ~H'~-::"'.,~ ~ :\~~. ~ <l 'E I ,/ -{ - '.' -';) ~~. -!i lits4n I" . ,~"., ; i I , c . - , ~'(\ ,., ~ 'lIC. t J. ~ " 11 I r:r /:::' fE'O ", ..J ' 0 1: 0 - ~ ~ :u ... TM 92-01 EXHIBIT A LOCATION MAP Planning 3epartment · NEGATIVE DECLARATION City of Gilroy 735l Rosanna St. Gilroy, CA 95020 (408) 848-0440 city F~le Numbers: TN 92-001 PROJECT DESCRIPTION: Narne of Project: Nature of Project: The Forest Tentative Map Request to subdivide five parcels totalling 86.1 acres into 40 lots, 15 lots of which are uoder this application, and perform design reviews of the homes resulting from this subdivision. PROJECT LOCATION: Location: Between Hecker Pass Road and Mantelli Drive, west of Rancho Real at the end of Vista Del Sur. Assessor's Parcel Numbers: 783-03-003, ~ 020, 031 and 032 ,'z, ';I Entitv or Person(s) Undertakinq proiect: Name: Address: Tim Filice and John Filice 7888 Wren Avenue, suite D l43, Gilroy, CA 95020 INITIAL STUDY: An Expanded Initial Study of this project was undertaken and prepared for the purpose of ascertaining whether this project might have a significant effect on the environment. A copy of this study is on file at the City of Gilroy Planning Department, 7351 Rosanna street, Gilroy, CA 95020. FINDINGS & REASONS: The Initial Study identified potentially significant effects on the environment. However, the project has been mitigated (see Mitigation Measures below which avoid or mitigate the effects) to a point where no significant effects will occur. There is no substantial evidence the project may have a significant effect on the environment. The following reasons will support these findings: 1. The proposal is a logical extension of the existing urban, land use, and zoning patterns of this area. 2. Identified adverse impacts such as the effect on school impacts and increase in traffic generated from this project are proposed to be mitigated through school impaction fees, and construction of off-site improvements. EVI-IIBIT B ^~l!~ , \ \ Preliminary Negative Declaration TM 92-01, 2 08/25/92 . . 3. The proposed project is consistent with the adopted goals and policies of the General plan of the City of Gilroy. 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 proponent shall"incorporate all recommendations and mitigation measures in the Geotechnical Investiqation for Rancho Real Tract 7350, phase lA by Reynolds Associates, February 12, 1992. All future Tentative Map applications for this property shall require separate geotechnical investigations, subject to review and approval by the city of Gilroy Planning and Building Departments. 2. The final and improvement plans for each phase shall be-included as a deed restriction on each lot to notify future home builders of the required construction standards. The final map and improvement plans for each phase shall be subject to review and approval by the Gilroy Public Works Department prior to recordation of the final map. 3. The design of all storm drainage and sewer line improvements serving the project site shall be provided by the developer and shall be subject to the review and approval of the city Department of public works. 4. The design of all street improvements serving the project site shall be provided by the developer, and shall be subject to the review and approval of the City Department of Public Works. 5. The applicant shall prepare a revised biological survey to determine the existence of any rare or endangered species on site, and incorporate the results of that survey, subject to review and approval by the City Planning Department. 6. All native trees shall be preserved. where removal is necessary, the developer shall submit a replanting/replacement program prior to issuance of a grading permit for subdivision improvement construction, subject to the approval by the City Planning Department. 7. The developer shall prepare a detailed arborist report of the site to determine what measures are necessary to protect the existing trees during project demolition, construction and landscaping, subject to the review and approval by the City Planning Department. 8. Prior to the development of the site, the developer shall pay required City of Gilroy Public Safety Impact fees. 9. The design of all street improvements serving the project site shall be provided by the developer, subject to the review and approval by the City Department of Public Works. . Preliminary Negative Declaration TM 92-01, . 3 08/25/92 10. The developer shall construct all utilities to, through, and on the site underground, Subject to the review and approval of the City Department of PUblic Works. 11. The developer shall Contribute to any necessary signalization on Santa Teresa Boulevard, Subject to the approval of the Director of Public Works. 12. The applicant shall reach an agreement witwthe City of Gilroy Fire Chief to off-set project impacts on the Operations Division, prior to approval of a final map, Subject to review and approval of the City Attorney. 13. The future development of this site shall conform to the Uniform Fire Code, subject to the review and approval of the City Fire Department. 14. Prior to development of the site, the developer shall pay required City of Gilroy Parks & Recreation impact fees. 15. Prior to approval of a,final map for any phase of the propOsed project, the applicant shall demonstrate to the satisfaction of the City Fire Marshall that adequate water pressure and SUpply Can be provided to the proposed project. In addition, the final map shall provide for construction of all infrastructure, according to the Gilroy Fire Codes, necessary to provide fire service to the project. l6. The future development of the site shall conform to the City of Gilroy's Consolidated Landscaping POlicy, subject to the review and approval of the City Planning Departme~t. 17. The developer shall provide the required impact fees to the Gilroy Unified school District prior to issuance of a grading permit. 18. Exposed earth surfaces shall be watered during clearing, excavation, grading and construction activities. 19. Throughout excavation activity, haul trucks shall use tarpaulins or other effective covers at all times. 20. Upon completion of construction, revegetation and repaving measures shall be taken to reduce wind eroSion4 21. All phases of development, to include design layouts and specific site considerations, shall be addressed fully within the City of Gilroy's Architectural and Site Review procedures. 22. The obstruction of views and blockage of view corridors from Hecker Pass Highway shall be minimized by limiting the height of development to a level consistent with surrounding natural features. All structures in the hillside area shall be limited to a maximum height of 30 feet. \ preliminary Negative Declaration TM 92-01, 4 08/25/92 . . 23. views of the future development should be "softened" through the use of sensitive building siting, architectural creativity, berming, vegetated buffer strips, building setbacks and appropriate landscaping. 24. The developer shall submit a detailed plan for all exterior lights, as part of the building permit review process. The lighting plan shall incorporate design elements that will minimize the potential for light and glare impacts on adjacent properties. The lighting plan shall be subject to the review and approval of the ctty Planning Department. 25. Builders of individual home sites shall prepare a lighting plan to include fixtures which are energy efficient and low glare in order to reduce or eliminate glare to the project residents or neighboring residents. 26. Noisy operations shall be scheduled for the daytime hours of 7:00 a.m. to 7:00 p.m. so as-~o avoid the more sensitive evening and nighttime hours. 27. The developer shall provide for an archeological reconnaissance of the site prior to the issuance of any building permits, subject to the approval of the city Planning Department. 28. Drainage shall be controlled away from all structures and pavements. 29. The project shall be designed in accordance with earthquake design regulations of the uniform building code, subject to the review and approval of the City Building Department. Date Prepared: August 26, 1992 End of Review period: sept. 21, 1992 Date Approved By city council: Michael Dorn, Director of planning Mitigation Number Nature of Mitigation Party Responsible for Implementation Party Responsible for Monitoring . . MITIGATION MONITORING PROGRAM CHECKLIST The Forest Residential Subdivision Initial Study Prior to submittal of a Tentative Subdivision Map for phases IB and 2, the following mitigation shall be implemented: 1 Geotechnical investi ation Cit Plannin Di,rector S=l' Ulfi~.J ~1 !1A\n~~. ij (IS . . MITIGATION MONITORING PROGRAM CHECKLIST The Forest Residential Subdivision Initial Study Prior to approval of the Tentative Subdivision Map, the following mitigation shall be implemented: Party Responsible for Implementation Mitigation Nature of Mitigation Number Party Responsible for Monitoring 3 Revised biolo . cal surve Pro' ect Pro onents Ci Plannin Director . . MITIGATION MONITORING PROGRAM CHECKLIST The Forest Residential Subdivision Initial Study Prior to Recordation of the Final Map of any of the phases in the proposed project, the following mitigations shall be implemented: Party Mitigation Nature of Mitigation Responsible for Party Responsible for Number Implementation Monitoring 2 Mitigation measures in Project Proponents City Public Works Director geotechnical investigations for all phases included in final map and imorovement olans 6 Demonstration to adequately Project Proponents City Fire Marshall provide water pressure and suoDlv . lO Lie-hting- Desi"" Plan Proiect ProDonents Citv Plannine- Director .,.' . . MITIGATION MONITORING PROGRAM CHECKLIST The Forest Residential Subdivision Initial Study Prior to issuance of Grading Permits, the following mitigations shall be implemented: Party Mitigation Nature of Mitigation Responsible for Party Responsible for Number Implementation Monitoring 4 Tree replanting/replacement Proj ect Proponents City Planning Director I prOl?l'am 5 Tree replanting/replacement Individual City Planning Director I prOl?l'am Developers 8 Contractor specifications Project Proponent City Building Department & Individual Develooers , 9 Conceptual and final project Individual City Planning Director siting, architectural, and Developers landscapinl< plans 12 Construction specifications to Individual City Planning Director insure indoor and outdoor noise Developers levels are below maximum levels l3 Cultural resources language City Building City Planning Director included in grading and building Department permits for major subdivision improvements and individual home construction proiects . . MITIGATION MONITORING PROGRAM CHECKLIST The Forest Residential Subdivision Initial Study Prior to the issuance of Building Permits, the following mitigations shall be implemented: Party Mitigation Nature of Mitigation Responsible for Party Responsible for Number Implementation Monitoring 7 Impact fees paid to school Individual City Planning Director district Develoners 11 Lighting Plan Individual City Planning Director Develoners 13 Cultural resources language City Building City Planning Director included in grading and building Department permits for major subdivision improvements and individual home construction nroiects .$ 28. Subject to the review and approval of the city Engineer, the applicant must provide entry details and final layout for turnarounds, transition lanes, safety features, signals and striping. , . . . EXHIBIT "D" Condition 10 b.: b. Fire hydrant flow meets Fire Department requirements. Paoe 6 - Condition 22 now known as Condition 26 paae 6 - Condition 23 now known as Condition 27 paas 6 - Condition 24 now known as Condition 28: Paqe 6 _ Deleted Condition 25 which was erroneouslv included in the staff reoort . . I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 93-9 is an original resolution, duly adopted by the Council of the City of Gilroy at an adjourned regular meeting of said Council held on the 22nd day of February, 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 23rd day of February ,l992. y (Seal) .