Resolution 1993-09
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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
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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
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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
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Preliminary Negative Declaration TM 92-01,
2
08/25/92
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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.
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Preliminary Negative Declaration TM 92-01,
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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.
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preliminary Negative Declaration TM 92-01,
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08/25/92
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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
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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
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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
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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
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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
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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
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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.
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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
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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.
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(Seal)
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