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Resolution 1995-43 .' ~. . . .. ....... . RESOLUTION NO. 95-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 95-01, A 70 LOT SUBDIVISION OF 66 RESIDENTIAL LOTS, 3 COMMON AREA LOTS AND 1 REMAINDER LOT ON APPROXI- MATELY 12.45 ACRES LOCATED ON THE WEST SIDE OF KERN AVENUE, ADJACENT TO THE FUTURE EXTENSION OF MANTELLI DRIVE, APN NOS. 790-04-039 AND 046. WHEREAS, South County Housing has submitted application TM 95-01 for a tentative sUbdivision map for a 70-lot sUbdivision consisting of 66 residential lots, three common area lots and one remainder lot on approximately 12.45 acres of land located on the west side of Kern Avenue, adjacent to the future extension of Mantelli Drive, APNs 790-04-039 and 046; and WHEREAS, the City prepared and circulated an expanded initial study for GPA 93-02, a project the scope of which encompasses this project, in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, the City Council has adopted in accordance with CEQA a Negative Declaration for GPA 93-02 with 30 mitigation measures and a mitigation/monitoring plan, attached hereto as Exhibit "B" and incorporated herein with this reference; and WHEREAS, the Planning Commission, at their duly noticed pUblic meeting of May 4, 1995, voted to recommend approval of TM 95-01 subject to 20 conditions as set forth in that certain staff report dated April 24, 1995, attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, at its duly noticed public meeting on May 15, 1995, this City Council held a public hearing on TM 95-01, at which hearing the Council considered the staff report and other documentation and, based upon substantial evidence produced both in writing and orally, resolved that the project should be approved as recommended by the Planning Commission; and, 1- RESOLUTION 95-43 '. . . " WHEREAS, the location and custodian of the documents or other material which constitute the record of proceedings upon which this resolution is based is the Office of the Gilroy City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT: A. The Council finds that the Negative Declaration for GPA 93-02 applies to TM 95-01. B. The Council finds there is no substantial evidence the project as mitigated will have a significant effect on the environ- ment. C. The Council finds the project is consistent with the Gilroy General Plan. D. The Council finds the proposed project is generally consistent with the exemption from the Residential Development Ordinance granted to the developer by the city Council. D. The Council finds none of the reasons for denial of this subdivision pursuant to Government Code section 66474 exist in this case. E. TM 95-01 should be and hereby is approved, subject to the 20 conditions set forth in Exhibit "A" and the mitigation measures and mitigation/monitoring program set forth in Exhibit "B". PASSED AND ADOPTED this 22nd day of May, 1995 by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROWLISON, GAGE NOES: COUNCILMEMBERS: KLOECKER, ROGERS, VALDEZ ABSENT: COUNCILMEMBERS: NONE. APPROVED: oofh!tv City \077\ 190354. 1 53-051704706002 RESOLUTION 95-43 2- . Planning Department STAFF REPORT . EXHIBIT "A" A}Jril 24, 1995 File Number: TM 95-01 Applicant: South County Housing Location: West ofKem Avenue, adjacent to the future Mantelli Drive extension Staff Planner: Melissa Durkin REOUESTED ACTION: Approval of a tentative map for a subdivision of 66 residential lots, three common area lots and one remainder lot. DESCRIPTION OF PROPERTY: Parcel Number: Parcel Size: Flood Zone: 790-04-039 and 046 12.45 acres (total for the site) "B" and "A", Panel # 0603400001C Panel Date: 10/06/81 STATUS OF PROPERTY: Existing Land Use Vacant Land General Plan Designation LOR and MDR Zoning RJ/R3-PUO STATUS OF SURROUNDING PROPERTY: Existinl:! Land Use N: VacantlWater Channel S: Vacant/Single Family Homes E: Rod Kelley SchooI/S.F. Homes W: Vacant General Plan Designatiofl LORI Park/Public Facility .' Low Density Residential PPF/LDRlMDR Low Density Residential Zoning RI RJ RJ,R3 RI, CONFORMANCE OF REOUEST WITH GENERAL PLAN: The proposed project conforms to the land use designation for the property on the General Plafl map, and is consistent with the intent of the text of the General Plan document. . . Staff Report TM 95-01 Page 2 4/24/95 This project conforms with the policies of Gilroy's General Plan. The following examples demonstrate this compliance: Urban Development and Community Design (Section II): Policy 3: "Urban Development will only occur within the incorporated portion of the Planning Area. Land will therefore be annexed to the City before final development approval is given," The proposed project is in conformance with this policy, beo.:ause this lar,d has beel~ within City limits for many years. Policy 4: "The City will phase development in an orderly, contiguous manner in order to maintain a compact development pattern to avoid premature investment for the extension of public facilities and services. New urban development will occur in areas where municipal services are available and capacity exists prior to the approval of development in areas which would require major new facility expansion, The proposed project is in conformance with this policy, because this property is adjacent to a developed school site, and is in close proximity to developed residential property. Municipal services are currently available at this site, ENVIRONMENTAL IMPACTS: NEGATIVE DECLARATION An expanded initial study has been prepared for this project. The study identified potentially significant effects on the environment, however, the applicant has agreed to individual mitigation measures which will avoid or mitigate the effects to a point where no significant impacts will ' occur, A Negative Declaration, with 30 mitigation measures, was adopted for this project under GPA 93-02, RELA TED APPLICA TJONS: PUD A/S 95-12: Planned Unit Deve]opment (pun) approval for thearchitectura] design of 66 dwelling units, RDO BACKGROUND: This project is proposed to be developed by South County Housing, which is a private, non-prolil developer of affordable homes, and is therefore eligible to be exempt from the provisions of the Residential Development Ordinance (RDO) uflder section 50,62 (3), The City Council approved this exemption at their April 24, ]995 meeting, . . Staff Report TM 95-0 I Page 3 4/24/95 ANALYSTS OF REOUEST: This proposed tentative map will subdivide a 12.45 acre site into 70 lots; 66 of these lots will be used to construct single family homes, three lots will be common area lots, used for dtiveways and parking areas, and one 1.5 acre remainder lot will be used for future development, This site has a zoning designation ofRl/R3-Planned Unit Development, and the applicant is proposing to transfer density between the two different zoning designations within the project. This will allow the entire development to be subdivided into single family lots, which will be sold individually, rather than being restricted to providing single family homes on the Rl portion, and multi-family homes on the R3 portion. The applicant has proposed to subdivide tins proper.j inlo two different lot type$. The first lot type consists of 20 single family lots on the Rl portion of the development, These lots range in size from 3,879 square feet to 7,306 square feet, with an average lot size of approximately 5,200 square feet. This portion of the development is approximately 2.3 acres, with a density of8.7 dwelling units per net acre. [Note: The Rl zoning district would normally allow a maximum density of7,25 dwelling units per net acre. The higher density is allowed in this case because of the POD density transfer.] The second lot type consists of 46 single fumily lots on the R3 portion of this development. These lots will range in size from 2,782 square feet to 5,739 square feet, with an average lot size of approximately 3,470 square feet. This portion of the project is approximately 4.94 acres, with a density of 9.3 dwelling units per net acre, The over all density of this project, considering both the R I and R3 portions is 9.1 dwelling units per net acre, The maximum allowed density, based on the densities allowed in the Rl and R3 zoning districts, is 13 units per net acre. Therefore, the proposed development is well within the density limitations for this site, and meets the intent of the Planned Uflit Development zoning designation, South County Housing is proposing to construct four different models of homes on this site, Two models will be constructed on the larger lots, and two v>~ll be constructed on the smaller lots, The design of these homes will be considered under POD application AfS 95-12, and will be subject to Planning Commission and City Council approvaL School Issues This project is located next to the Rod Kelley and Mount Madonna School Sites, The school district has ~everal isstles-ofconcern-with the-{!evelopment of this site, These are as follows: l, This City has planned to develop a park at this school site for several years, Through f1egotiations with the City, South County Housing and the School District, it was determined that the best location for this park would be at the non hwest corner of the school site. This ,allows the park to gain access from Mantelli Drive and the new street which will be located on the east side of South County Housing's project (Lawnder Street). The development of the park site and the location of Lavender Street requires some land trades and easements to be negotiated between the School District, the developer afld the City, These negotiations will be required to be completed prior to the final approval of the Tentative Map for this site, . . Staff Report TM 95-01 Page 4 4/24/95 2. The School District desired a new access to Mount Madonna School, in order to remove some of the traffic from Kern Avenue, and provide better access to this school. This new access is proposed to be provided from Lavender Street. 3, The School District is concerned about the safety of children travelling along Kern Avenue to Rod Kelley School. South County Housing has addressed this issue by agreeing to provide pedestrian access improvements along Kern Avenue, Street Access Issues Primary access to this development will be provided by Kern Avenue (a General Plan collector) and Mantelli Dr;ve (a General Plan arterial). Acce~s will also be gained from Santa Teresa Boulevard, once Mantelli is connected to that street. The proposed tract map configuration also shows two new streets which contribute to the traffic circulation of this project. Lavender Street is a local street on the south ofMantelli Drive, and will run between the proposed park and the low density portion of this project, On the north side of Mantelli Drive, however, Lavender Street becomes a collector, and will provide access to the properties to the north of the South County Housing project, Zinnia Street, which connects to Mantelli Drive and is located on the east side of this project, will make a "dog-leg" and connect to Kelton Drive, This configuration will allow residents of Kelton Drive to obtain access to Mantelli Drive, while reducing the amount of traffic filtering to Kelton from Mantelli Drive. The proposed street alignments are consistent with minimum City development standards. The applicant has worked with City staff, the School District and residents of the area in order to provide a design which would be acceptable to all parties, Water Channel Issues The proposed project is bordered on its north side by a water channel. General Plan Section VI- 3, policy number 15 states, "The City should attempt to acquire the rights to use public and quasi- public utility and drainage channel conidors as linear parks to provide the network for a system of pedestrian and bicycle paths," Based on this policy, City staff has asked that the numbef of houses located directly adjaceflt to this channel be limited, and that these areas be feserved for open space, parking areas, streets or other buffers, The reason for this request is that residential rear yards abuttiflg trails and pathways can create undesirable situations for two primary reasons: 1) The public presence on the trails and pathways may interfere with the privacy of adjacent residents and 2) When trails and pathways abut residences, they cannot be seefl from the public right-of-way,-and therefore are difficult tomonitor-by public safety personnel, South Couflty Housing has worked with staff by limiting the number of houses constructed adjacent to these channels to eight, and by providing larger setbacks for these homes The other areas adjacent to the chaflflel have been used for driveways and parking areas, As submitted, this project is consistent with the intent of the City's Gefleral Plan text afld Land' Use Map, Zoning Ordinance, Subdivision and Land Developmeflt code, and the Residential Development Ordinaflce exemption approved by the City Council. . . Staff Report TM 95-01 Page 5 4/24/95 STAFF RECOMMENDA nON Staff recommends approval of this request for the following reasons: A. The project proposal is generally consistent with the exemption from the Residential Development Ordinance granted to the developer by the City Council; B, The proposed tentative map is consistent with the intent of the goals and policies of the City's General Plan document; C, The proposed development is consistent with the Zoning Ordinance and the City's Subdivision and Land Develcpment Code; D, Public utilities and infrastructure improvements needed in order to serve the proposed project are in close proximity; and' E. There will be no significant environmental impacts as a result of this project due to the required mitigation measures to be applied. In addition. Staff recommends the following conditions be placed on the approval of this request: I. Hydrant locations and water main sizing shall be approved by the Gilroy Fire Department prior to the issuance of any building permits. 2, Street improvements and the design of all storm drainage, sewer and water lines, and all street sections and widths shall be subject to the review and approval ofthe Public Works Department. 3, All utilities to, through, and on the site shall be constructed underground, in accordance with Municipal Code Section 21.120, subject to the review and approval of the Public Works Department. 4, All improvements are to be done per City of Gilroy Standards afld approved by the City Engineer. 5, All retaining walls must be constructed of permanent materials such as concrete or masonry, Wood shall not-be permitted, 6, All existing water wells shall be sealed to meet the approval of the City Engineer and the Santa Clara Valley Water District (SCVWD) 7, An encroachment permit will be required from the Santa Clara Valley Water District (SCVWD) for the outlet structures and locations, . . Staff Report TM 95-01 Page 6 4/24/95 8. For the necessary dedications to the City of Gilroy required by the roadway design on Assessor's Parcel Numbers 790-04-008 and 790-04-049, the developer shall pay the costs of any land purchase for the ultimate right-of-way and easements. The developer shall, within 21 days after Council Approval of the tentative map, deposit the estimated cost'ofall condemnation expenses with the City of Gilroy's Department of Public Works. All easements and rights-of-way must be dedicated and/or deeded to the City of Gilroy before final map approvaL 9, All grading operations and soil compaction activities shall be per the approved soils report and shall meet with the approval of the City Engineer. Grading plans shall show grades of all adjacent properties, 10, All lots shall drain to the street for storm drainage, subject to the review and approval of the Public Works Department. II, The developer shall negotiate rights-of-way with Pacific Gas and Electric and other utilities, 12, One sewer allocation shall be required for each proposed lot. 13, Mitigation Measures I through 30 contained within the Negative Declaration for this project shall be applied to the approval of the project in order to reduce and/or eliminate all potential significant impacts to a level of insignificance, as required under the California Environmental Quality Act (CEQA), 14, The grading plan shows three outfalls into South Morey Channel. The grades and locations of the storm drain lines should be modified such that only one outfall is needed into the channel. 15, The developer shall send plans for modification of the drainage channel to the Soil Conservation Service (SCS), Approval may also be needed from the Department ofFish and Game afld the Army Corps of Engineers for the work in the channeL 16, The project must comply with the State Water Resources Control Board's General NPDES Permit for Storm Water Discharges Associated with Construction Activity, 17, A Notice oflntent (NOI) must be filed prior to commencement of construction, The project must also develop a Storm Water Pollution Prevention Plan (SWPPP) and a monitoring plan to perform monitoring of discharges to storm water systems, ] 8, All ofl-site drainage for this project shall be drained to the Morey Channel afld should not impact aflY County facilities 19, A Rural County Road intersection should be installed where the emergency access meets Santa Teresa Boulevard, . . Staff Report TM 95-01 Page 7 4/24/95 20. The elevation of this emergency access should be such that minimal, ifany, drainage goes to Santa Teresa Boulevard, Respectfully, ~fj)o-- Michael Dom Director of Planning 5-4-95 At their meeting of May 4, 1995, the Planning Commission, by a vote of 4-1-2 recommended approval ofTM 95-01, subject to 20 conditions as set forth in the staff report. (Resolution #95-12) AYES: NA YES: ABSENT: Collier, Gage, Lai, Puente Arellano Pinheiro, Suyeyasu ~ 2 7 '3/4.7 DO , '" 1'. .9 ~\ -;~ \ " \ -\\~ ':, \~ ~, " ,. <I. i , . ,. <I. i II ____..:.._--'\L___ [____-._-, ~_,_ -:7 'I.I (, . 1\1 : - : II : " ===' =~k=~~- III ..- - Iii ~ W II - Ronan, < To t u m Ave. , I I il i i g' ~~ I' i 1" : () l ~ w , . . J , " .~"'...........,~' 0JJJJTTTml : 'i:/ ~;:. . '. ~ l,-- ;~~a:~; ~93/1'6 '~T ~,: "'j .,4"V::C' -. II ~~ .. ray , " i I :) - ",,, '~' ."..'" ~;I ;K:~.. t.. ~~~.J:!. ..-: --~ i '.!, .... ~ ,I' 1 .\6,.) ".A. "- Arnclc ,I ;- .- -::---=.::-_-~----'- ._~ i i "\ , LOCATION MAP FOR TM 95-01 AND A/S 95-12 __..IICW...___....U><-o~... __ __ ....c. ......,OOOCU_~ , I " I ' '....__=..,........"......:>rtJ."" -'~.... .."''--.._~__-......_ __.. . ..-P ........o.J' _l............. ~,~. <:('OOO'..c' ...... '""<'50 ....-S ~ "..,,_ "'........~~" .._""v:_..._",~,_..._..._...._. "".... ~ _. -=--~....'" _' , t.._ooa C'W _ .?U_'a..c< .... ____-of "" HlI'<_~' " > "'!~ -.,-~~- ! I ... i 'I { --~ It I; . : / ,-''-j:;~;' ~ " ., .1" ~ '---~-~~------- a" ._,...... ._~ -~-~ t t __--1_.__. ct~' ""'~'::-i J..:.'::<~; ;~~",!"""""-",,.' 1:1 . "'''~ " '--;""~'--"~~:I < .... . \ \. ",' " " .,11. ..6H ;, " ,..), ;-~ I~ \->->:>, 'I:' '1 I i ~ ~l~___ ~ :'''' ~~~~t ~~~! ;i~.t:> F~: I?- i'~ "";.'2'1' .: ~ ~ -> ~: " f:;' -~ 4}'h !~.. .0 ..f.. l'" . ~~ , ~ , ~:~ . \ \ ,\\ ;-;.... c .' , \ ~' \- ~, ~-~}~- " "', v: \ ~ \;" \ \ :,...-. \\,,'.-- "-l ,,-~~ t~~"; ; I I" j-:. -- '~ ; /, ", ,,> ,I' ;-, '~ ".'-..- 0\"",,' \~~ .~;;:-~.;..,c: ..~:....1 ~~ .~~'''l'! t' \~ t \.< .....- -'1 " I ..", .~. ,.' ) \ ._..;.~ \ ~ i/,'~~' I , .-:- ';-<:'\7 f.\'. . ---- .' ~' '~~h/l - -- ~',' r !I...n__~_ 'f 0 -.I.. ----~------- -. o ~ --..... -.----.. --- ~ ---~------ - ,'0;'1 HANNA & BRU!\ETI11 __ {"'lLc;{04MJQ:lr:!I"1.A,"'lI :fUIC'l'n..-,; : 'l'ellJ~nurr - ~ "1UlO'/.~-" (_1~~-:1T! ,",-.,~ _n. ..:~~.' - -1 u~u'~;::l -l::::=-- -~.., -;..,., I~:; ,'" S i~~ ;c Il!.' --.'~-'--" South County HOU$li . qs.(J I FILE NUMBER: TM 95-01 REC x [ do not have any objections to this request, _I do have objections to this request. Comments: C. U': -PL~ SAC '5 -.;.U 7f; F f \1 F i"'1.-n /1-7 ,- 4/' .- .. CJ.~ 4'" ....,... _ _/ LiJ h ., Signature & Date . . - 4 - ':'4 -<').-) -' ;-: . '.( C-'-;: Mf'1v Tt:!.... / Gc.: f' S'" L.... J I"-'Iv vcNA1.f f, C 1-'1..,,:':/2. JK Print Name & Address t-~5 59 i< E. L T<:. N pt:.t ~'d::.:- Gtifcy t' ~ ,/ ,-,/-. ,~. ~ -.,;i\iU\, ~\~l,;,il1~ :'J,;' . , . 1(\'\ QS-o' Rfr ' " {:: f '-- ,',' v-'~ i;,)~, " C I ~- r. I., "" 79g!; Q1ltoy h- drlill/II;' be'" /.-' Gilroy Planning Commission 7351 Rosanna St. Gilroy. CA 95020 April 28, 1995 Re: Development of property on west side of Kern Ave, adjacent to the future extension of Mantelli Drive We own the property directly to the south of the proposed migrant housing development, and we strongly object to the building of these units across the driveway from our front door. Several years ago we had a buyer for the two acres across from us and the City of Gilroy condemned the propert}' to purchase it for the extension of Mantelli Drive. Since that time, we have never been consulted by the City on possible future development, nor were we offered the chance to repurchase the property to protect us from this type of housing. The notice to attend the Planning Commission meeting on May 4th is the first time we have been notified of any planned development. Since then, we have consulted a real estate agent who brought us copies of the city plans, and informed us that on speaking with developers, she was told that the property would only be of value to someone interested in building low-cost housing. This greatly reduces the value of our property, and limits any chance of a sale. This property has been in the Amberg family for more than 60 years and is now being rendered useless as a retirement home. If the City proceeds with their planned development, we request just compensation for our 4- bedroom home, which has been redecorated in the last six months, as well as compensation for the loss of property value. , _ /1 i , " " -7"" /..- ~ (6-c:L-c: /'// / '/~//n77 0' l 'L'II-1- , t~-0--l.J-- 1-. . I / / I /, - / .......... , '/ /," J 1-. ;. '. ,,'..a ~,,{..- } '. l..-t--;--; ~ Jt. ,-;u.~, Bill and Charleen Amberg 8895 Kern Avenue Gilroy, CA 95020 (408) 842-2909 FILE NUMBER: TM 95-01 _I do not have any objections to this request. '\ I do have objections to this request. I ._ ! .' I -, ' Commeflts: '- c." Yc~c" ,'or ~ (" r ,'/' -~",";, I , ,~/. IL/L;;:'tl'/ {~/'--?'dJ.v"Y Signature & DateJ ii, r'" -~ r" .. I": c' f \, '," ,. .'\ " t 1-',.;", n I ,L-' 0{ ,,'] ('./ , . ,- - Print Name & Address " -; ',"'.7.-- ,- \.'-:.. '!j~J~ -~;', L,) :-:, '- j /.' ,ilmv ~I;:o"""", " . EXHIBIT "B" . Planning Department NEGATIVE DECLARATION TM 95"-61 City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 (408) 848-0440 city File Humber: GPA 93-02 PROJBcr DBSCRIPTIOH: Name of Project: Nature of Project: Filice Family Estates Initial study General Plan Amendment increasing residential density PROJBcr LOCATION: Location: West of Kern, north of Welburn Avenue Assessor's Parcel Number: 790-04-039,046,064 Bntitv of Persons undertakinQ proiect: Name: Filice Family Estate Address: 7888 Wren Avenue, Suite 0-143 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 Department, 7351 Rosanna Street, Gilroy, CA 95020 FINDINGS & REASONS: The Initial Study identified potentially significant effects on the environment~ However, the applicant has agreed to revisions in the project, or the project has been revised, 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, as revised, may have a significant effect on the environment. The following reasons will support these findings: 1. Identified adverse impacts such as the effect on remaining sewer ,~lant capacity, school impacts, and increase in traffic generated from- thi.lI -project-.'are' proposed to -be miti:gated"through buildout schedules, school impaction fees, and construction of off-site improvements. 2. The proposal will not be detrimental to the public welfare'or injurious to persons or property in the vicinity. 3. Potential significant effects can be mitigated to reduce them to an acceptable level of impact. . . Negative Declaration -2- 12/15/93 MITlGATIOR KBABURBS: 1. Future development on the project site shall be designed in accordance with earthquake design regulations of the Uniform Building COde, subject to review and approval by the City Building Department. 2. The future developer of the project site shall have a preliminary soils investigation prepared by a geotechnical firm. The recommendations of the preliminary soils investigation_shall be incorporated into the final improvement plans, which will be subject to review and approval by the City Engineer prior to approval of a final subdivision map and final improvement plans. 3. The future developer shall pay the appropriate Storm Drain Development fee subject to review by the city Engineer prior to issuance of a building permit. 4. The future developer shall pay for the updating of the Storm Drain System Master Plan model if the Storm Drain mains for this project deviate from those shown on the Master Plan, subject to review by the City Engineer prior to issuance of a building permit. 5. The future developer shall provide designs of all storm drainage improvements serving the proposed project site, subject to the review by and approval of the City Department of Public Works. 6. The future developer shall construct finished floor elevations at least one foot above the 100-year flood elevation as delineated on the current Flood Insurance Rate Maps (FIRM) produced by the Federal Emergency Management Agency (FEMA). 7. The future developer shall apply for and obtain a General Permit for Storm Water Discharge Associated with construction Activity from the Regional Water Quality control Board prior to issuance of grading permit, encroachment permit, or approval of any tentative map for each of the individual project site. 8. The existing valley oak tree, located in ths eastern extension of the project site shall be incorporated into any future landscape plans for the project site, which shall be subject to the review and approval of the Planning Director prior to issuance of a building permit. 9. Each phase of future development shall pay a citywide traffic impact fee for improvements,_prior-to development of_,the_ site. 10. The design of all street improvements serving the project site shall be provided by the future developer, subject to review and approval of the City Department of Public Works. 11. The future developer of the project site should incorporate the access and circulation recommendations contained in the Initial Study subject to the approval of the City Department of Public Works. These recommendations include the following: . . Negative Declaration -3- 12/15/93 a. Construct Mantelli Drive as a four-lane arterial from Kern Avenue to ~he westerly project boundary. b. Provide secondary access to the project site. The most logical method of providing this access is to extend Kelton Drive from its current termination near Howard Avenue into the southerly portion of the project. c. Align Kelton Drive along the western boundary of Rod Kelley School to provide access opportunities from Mt. Madonna School, Rod Kelley School, and the potential city park. d. Provide a public street through the northerly portion of the project that will allow access to a bridge across the Santa Clara Valley Water District channel and then two lanes north of the channel. This development will pay for its pro-rata share of the bridge at this channel. This bridge and the street leading to it shall be located per the Staff's discretion. e. Provide a school pedestrian crossing at the Kelton Drive intersection with Mante11i Drive. 12. Incorporate transportation demand management measures subject to approval of the City Department of Public Works. 13. Development of the site shall include the installation of bicycle racks for residents, subject to review and approval by the City Planning Department. 14. Contractor specifications for the proposed project shall be submitted to the building department for approval prior to issuance of a building permit for the proposed project. The contractor specifications shall include the following particulate emission measures. a. Exposed earth surfaces shall be watered during clearing, excavations, grading, and construction activities. Watering of exposed earth surfaces could reduce particulate emissions as much as 50 percent. All construction contracts should require watering in late morning and at the end of the day. The frequency of watering should increase if wind speeds exceed 15 miles per hour. b. Throughout excavation activity, haul trucks should use tarpaulins or other effective covers at all times. c. Upon completion of construction, measures shall be taken to reduce wind erosion. Revegetation and repaving should be completed as soon as possible. 15. All phases of future development on the project site shall provide conceptual and final- site. design-plans and -arch,itectural--and landscape architectural plans consistent with the City of Gilroy's Architectural and Site Review procedures. These plans are subject to review and approval by the City of Gilroy Architectural and Site Review Committee and the City Planning Department with special consideration given to the following criteria: Negative Declaration -4- 12/15/93 . . a. To reduce the impact of higher density development from the nearby single family residential neighborhood, the scale, siting, and massing of buildings shall be consistent with surrounding land uses; landscape plans shall include measures such as berming and vegetative buffering. b. All future utilities, to, through, and on the project site shall be placed underground. c. A detailed site plan for all exterior lights shall be submitted as part of the building permit review process,for future ,.development on the project site. The lighting plan shall incorporate design elements that will minimize the potential for light and glare impacts on adjacent residential properties. 16. The future developer shall include measures to ensure that indoor and outdoor noise levels at each lot are below the maximum noise level as specified by the City'S general plan based on the general plan build-out traffic and noise projections. These measures may include dis~ance setbacks, noise attenuation walls, and/or berming in order to reduce noise to acceptable levels. The Planning Department and Architectural and Site Review Committee shall rsview all specific development proposals to ensure compliance with this measure. The future developer shall be responsible for providing all necessary information to substantiate compliance with this measure prior to issuance of a building permit. 17. Prior to the development of the site, the developer shall pay the required City of Gilroy Public Safety impact fees. 18. Development plans shall include the installation of on-site fire hydrants and automatic fire sprinklers within multi-level structures. Improvement plans shall be subject to review and approval by the City Departments of Public Works, Fire, and Building prior to recordation of the Final Subdivision Hap.. 19. The future developer shall construct all utilities to, through, and on the site underground, subject to the review and approval by the City Department of Public Works. 20. Prior to the development of the site, the developer shall pay the required City of Gilroy Public Safety impact fees. 21. The developer shall provide required impact fees to the Gilroy Unified School District. 22. Prior to ,development "of _the site" the_developer. shall pay required City of Gilroy Parks and Recreation impact fees. 23. The future developer shall pay the appropriate water service development fees, subject to review by the City Engineer prior to the issuance of a building permit. 24. The future developer shall pay for the updating of the Water System Master Plan model if the water mains for this project deviate from those shown on the Master Plan, subject to review by the city Engineer prior to issuance of a building permit. . . Negative Declaration -5- 12/15/93 25. The future developer shall pay the appropriate sewer service' development fees! subject to review by the city Engineer prior to issuance of a building permit. 26. Prior to development of the site, the developer must obtain sufficient sewer allocation to serve the proposed project and will be required to pay the City of Gilroy sanitary sewer connection fees. 27. The design of all sewer line improvements serving the proposed project site shall be provided by the developer, subject to review and approval by the city Department of Public Works. 28. The future developer shall pay for the updating of the Sanitary Sewer System Master Plan model if the Sanitary Sewer mains for this project deviate from those shown on the Master Plan, subject to review and approval by the City Department of Public Works. 29. 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 city Planning Director: 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. Date Prepared: 12/20/93 End of Review Period: 1/14/94 Date Approved: by City Council on September 19, 1994 ~4/~r Michael Dorn, Director of Planning \. . . ATTACHMENT A MITIGATION MONITORING PROGRAM CHECKLIST Filice Family Estates General Plan Amendment Initial Study (GPA 93-02) Prior to approval of Final Subdivision Map and Improvement Plans, the following mitigations shall be implemented: I I Mitigation Number Nature of Mitigation party Responsible for party Responsible for 1m lementation Monitorin 3 As a construction implementation step, have soils investigation Future Developers re ared b a eotechnical firm. As a construction implementation step, provide hydrology study showing designs of all storm Future Developers drainage improvements serving the ro'ect site. Development plans shall include the installation of on-site fire Future Developers h drants and automatic s rinklers. blic Works Department 2 18 -, --- . . Prior to issuance of a Building Permit, the following mitigations shall be implemented: party Mitigation Nature of Mitigation Responsible for party Responsible for Number Imnlementation Monitorin..- 1 Development designed me:,';,ordance Future Developers City Building Department with earthouake desi"" re ations. 4 Storm Drainage Model shall be Future Developers Public Works Department undated if nroiect deviates. 5 Design of all storm drainage Future Developers Public Works Department improvements on project site subject to review and annroval. Construct finished floor elevations at 6 least one foot above laO-year flood Future Developers City Building Department elevation. Apply for and obtain a General 7 Permit for "Storm Water Discharge Future Developers City Building Department Associated with Construction and Planning Department Activitv:' 8 Incorporation of valley oak tree mto Future Developers City Planning Director future landscane nlans. Pav citv-wide traffic imnact fees. City Building Department 9 Future Develoners and Plannine: Denartment Design all street improvements Future Developers Public Works Department 10 servine: the nroiect site. Incorporate access and circulation Future Developers Public Works Department 11 recommendations contained herem. Incorporate transportation demand Future Developers Public Works Department 12 manal!ement measures. The development of the site shall 13 include the mstallation of bicycle Future Developers City Planning Director racks for the residents. The contractor specifications for the Future Developers City Building Department 14 I nronosed nroiect shall be submitted. All phases of development shall be 15 addressed fully within the City of Future Developers City Building Department Gilroy's Architectural and Site and Review nrocedures. Citv Plannin" Director Include measures to ensure that indoor and outdoor noise levels at City Building Department 16 each lot are below the maximum Future Developers and noise level as specified by the city's City Planning Director general plan based on the general plan build-out traffic and noise I nroiections. Pay public safety impact fees (Fire Future Developers City Planning Director 17 Protection). 19 All utilities shall be constructed Future Developers Public Works Department undere:round Pay public safety impact fees (Police Future Developers City Planning Director 20 Protection). . . " party Mitigation Nature of Mitigation Responsible for party Responsible for Number Imnlementation Monitorinl[ Pay school impact fees to school Future Developers City Planning Director 21 district. Pay parks and recreation impacts Future Developers City Planning Director 22 fees. 23 Pav water imDact service fees. Future DeveloDers Citv En<rineer 24 Update the Water System Master Future Developers City Engineer Plan model if the water mains for this oroiect deviate. 25 Pav sewer service imnact fees. Future Develooers Citv En;;:ineer Obtain sufficient sewer allocation to Future Developers City Engineer and 26 serve the proposed project, and City Pl~nning Director Dav sanitarv sewer connection fees. The design of all sewer line Future Developers Public Works Department 27 improvements serving the proposed project site shall be provided by the develooer. Update the Sanitary Sewer System Future Developers City Engineer 28 Master Plan model if the sewer mains for this Droiect deviate. Archaeological (cultural) language in Future Developers City Planning Director 29 all nermits. . . I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 95-43 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular Mav , 19...,2L, meeting of said Council held on the 22nd day of 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 b~ m,., Gn~, ,1995. Mav (Seal)