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Resolution 1996-23 ,-., . . . RESOLUTION NO. 96-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A TENTATIVE MAP TO CREATE 147 SINGLE FAMILY LOTS AND ONE REMAINDER PARCEL FROM APPROXIMATELY 112.2 ACRES, APNs 783-48-080, 783-49-056 AND PORTIONS OF 783-20- 024, 783-20-030 02, requesting Tentative Map approval to create 147 single family WHEREAS, Valley Title ("applicant") has submitted TM 95- lots zoned RI-Single Family Residential and one remainder parcel zoned RI-PUD, RH-PUD, PF-PUD (Single Family Residential-Planned Unit Development, Residential Hillside - Planned Unit Development, and Park/public Facili ty Planned Unit Development) on approximately 112.2 acres; and the west side of Santa Teresa Boulevard, north of Longmeadow Drive, WHEREAS, the property included in TM 95-02 is located on and incorporated herein by this reference; and Drive, as more particularly described on Exhibit A attached hereto and northeast and northwest of the future extension of Rancho Hills WHEREAS, an Initial Study and proposed Mitigated Negative Declaration was prepared in compliance with CEQA under accompanying Zone Change Application Z 95-03 which originally involved the subject 112.2 acre site, and which identified potentially significant effects on the environment and proposed mitigation measures therefor; and WHEREAS, applicant has agreed to specific proj ect the effects to a point where no significant impacts will Occur and revisions and/or mitigation measures which will avoid or mitigate there is no substantial evidence that the proposed project, as revised may have a significant effect on the environment; and WHEREAS, the Mitigated Negative Declaration and the proposed Tentative Map were reviewed by the Planning Commission at a duly noticed public hearing on March 7, 1996, and were recommended by the Planning Commission for approval; and IRPJ\304803.01 62-041704700002 -1- RESOLUTION NO. 96-23 . . hearing on March 25, 1996, and continued its deliberations to its WHEREAS, the City Council held a duly noticed public duly noticed public meeting of APril 1, 1996, at which public meeting the City Council considered the project and the proposed conditions of approval, along with staff reports, public testimony, and documentation and other evidence and adopted the Mitigated which Negative Declaration is attached hereto as Exhibit Band Negative Declaration as revised April 1, 1996, with conditions, incorporated herein by this reference, and which conditions are stated in the revised staff report dated March 18, 1996, which is attached hereto as Exhibit C and incorporated herein by this reference; and WHEREAS, the location and custodian of the documents or which this resolution is based is the office of the City Clerk; other material which constitute the record of the proceedings upon NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council finds as follows: General Plan because it conforms to the land use designation for 1. The project is consistent with the Gilroy 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 2. None of the reasons for denial of this subdivision pursuant to Government Code Section 66474 exist in this case; and 3. There is no substantial evidence that the project as mitigated may have a significant effect on the environment; and 4. The Mitigated Negative Declaration prepared for this proj ect has been prepared in accordance wi th CEQA and reflects the independent jUdgment of the City. IRPJI30480301 62-041704700002 -2- RESOLUTION NO. 96-23 . . B. The City Council hereby adopts the mitigation monitoring program as set forth in the Mitigated Negative Declaration. C. TM 95-02 should be and hereby is approved, subject to the mitigation monitoring program set forth in the Mitigated Negative Declaration, and subject to the 25 conditions set forth in Exhibit C. 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: COUNCI LMEMBERS : APPROVED: ATTEST: Sllsanne E. Steinmetz, City IRPJI304803.01 62-041704700002 -3- RESOLUTION NO. 96-23 . . EXHIBIT A ...:;.;:.. = - ! .... SITE MAP FOR TM 95-02 & TM 95-03 . EXHIBIT B . Community Development Department Planning Division Negative Declaration (Final Draft) 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 totaIling 200.8 acres into 294 residential lots & 2 remainder lots. Proiect 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 #: Entity or Penon(s) Undertakinf Proiect 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 pwpose of ascertaining whether this project might have a significant effect on the environment. A copy of this study is on file at the City of Gilroy Planning Division, 735 I Rosanna Street, Gilroy, CA 95020. Fjnding.~ & R.....sons The Initial Study identified potentially significant effects on the environment. However, this project has been mitigated (see Mitigation Measures below which avoid or mitigate the effects) to a point where no significant effects will occur. There is no substantial evidence the project may have a significant effect on the environment. The foUowing reasons will support these findings: I . The proposal is a logical component of the existing land use of this area. 2. Identified adverse impacts are proposed to be mitigated through preparation of special studies, and construction of off-site improvements. Draft Negative Declarwfl Z 95-03. T M 95-02, T M 95-03, NS 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 staH: and this Negative Declaration reflects the independent judgement of the City of Gilroy. Mitigation Measure.~ I. 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 identiJy 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 hill6ide 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). S. 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 ofa 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 tenus include, but are not limited to, the following: ~ Negative Declarati" Z 95-03, T M 95-02, T M 95-03, A/S 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 swfaces 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 of fertilizers, 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 Declarati' Z 95-03, T M 95-02, T M 95-03, AIS 95-34 . 4 Final Draft 4-10-96 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 shalI be fully constructed between Santa Teresa Boulevard and the proposed project. Construction and phasing plans shaIl 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 shalI meet the requirements of the General Plan designation for street capacity in the area. Preparation of this transportation improvement plan will include revising the tentative subdivision map for Deer Park. The transportation improvement plan will be 6ubject 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 shalI 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 6hall 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 shaIl be restricted to 7 a.m. through 6 p.m.. Construction equipment shall be properly mufiled and maintained. The contractor work specification for all construction activities shaIl 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 shalI pay required City of Gilroy Public Safety impact fees (Deer Park Subdivision and Rancho Hills Estates Subdivision). 10. The developer shaIl provide required impacts fee6 to the Gilroy Unified School Di6trict and fuIfill teImS of an existing school mitigation agreement (Deer Park and Rancho Hills Estates Subdivision). 1 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 fOImulated 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 shaIl 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 ~larati' Z 95-03, T M 95-02, T M 95-03, AJS 95-34 . 5 Final Draft 4-10-96 The work plan shall be developed in coordination with a qua1ified 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 finaI 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 (..,...,.~(,) End of Review Period: October 24, 1995 Date Approved By City COImcil: Norman Allen Community Development Director . . MITIGATION MONITORING PROGRAM CHECKLIST Deer Park and Rancho Hills Estates lDitial Study Prior to issuance of a Building Permit, the following mitigations shall be implemented: Mitigation Party Party Responsible for Nature of Mitigation Responsible for Number Imnlementation Mcmitoring 1 Development designed in Developer City Building Department accordance with earthquake (l)eer Park and desilm regulations Rancho Hills Est.) 2 Review 1986 soil and geologic Dsveloper City Building Department investigation; prepare new (Deer Park and report if necessary Rancho Hills Est.) 3 CgJl&tRv;t 4;-~...1.9Q :tISal' tl~elgp8J" Ci'tf iaiJ'::-B ];)9'_ ~91lt el&v&1:isRII at least 9:&9 fss:&i aGeil (R&BClls 11m... ist ) the 100 year flagS. elevati9BS .,;-- Pay storm drain development Developer City Department of Public 4 fees (Deer Park and Works Rancho Hills Est.) -iT- Obtain NPDES permit Developer City Department of Public 5 (Deer Park and Works Rancho Hills Est.) -iT- Submit dust control program Developer City pl.nn;,'g Department 7 (Deer Park and Rancho Hills Est.) -+- Prepare contractor work Developer City Building Department 8 specifications for all construction (l)eer Park and activities to include restricting Rancho Hills Est.) noise-generating acti~ties to from 7 am to 10 pm "'itl- Pay required public safety fees Developer City Pl.nn;ng Department 9 (Deer Park and Rancho Hills Est.) -H- Pay statutory impact fees Developer City Pl.nn;ng Department 10 (Deer Park and q . Rancho Hi1Is Est.) -!2- Pay required parks and -Developer City pl.nn;ng Department 11 recreation impact fees (Deer Park and Rancho Hills Est.) -i:lr Include archaeological resources Developer City pl.nn;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 equioment (Deer Par~ and Rancho Hills Est.) . . MITIGATION MONITORING PROGRAM CBECTn.T~T Deer Park and Rancho Hills Estates Initial Study Prior to recordation of the Final Subdivision Map, the following mitigation measures shall be implemented: Mitigation Party Party Respcmsible for Nature of Mitigation Responsible for Number Imnlementation Monitor:inc + Design storm drain Developer City Public Works 3 improvements. (Deer Park and Department Rancho Hills Est.) + Prepare transportation Developer City Public Works 6 improvement plans (Deer Park and Department Rancho Hills Est.) -for Prepare a work plan to address Developer City Fire Department, 13 removal of dump site. Test for <Rancho Hills Est.) Bu;Jmng, Life, and soil and/or groundwater Enviromnental Safety cont.JIminAtion. If CODt.s:IminAtion Division, Chemical Control exists, prepare a remedial work plan. . Site must obtain "closure". All work must be done in coordination with a qualified archaeologist due to potential significant cultural resources at the site. . EXHIBIT C . TM 95-02 6 12/27/95 (revised 4/17/96) In addition Staff recommends the followioi conditions be placed on the irantiOi of this reqJ1est. I. Lots 1-47 shall be subject to the conditions of approval for NS 95-03 (PUD), subject to the review and approval of the Planning Division. 2. MITIGATION MEASURES #1 THROUGH #15, contained within the Negative Declaration prepared under Z 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 Environmental Quality Act (CEQA). 3. The following shall be recorded on the Final Map, subject to review and approval by the Planning Division: "Future open space area dedication per RD 92-25 & RD 92-26 are approximate only, and mqy be subject to future amendments, modifications, or supersedure by the City ofGi/roy." 4. 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 shall also be installed and maintained before combustible construction begins, to meet the approval of the Building, Life, & Environmental Safety Division. 5. Hydrant locations and water main sizing shall be approved by the Building, Life, & Environmental Safety Division, prior to building pennit issuance. 6. Dead-end access roads, in excess of one hundred fifty (150) feet in length, shall enable fire engines to turn around. Turning radii shall not be less than thirty-nine (39) feet, subject to the review and approval of the Building, Life, & Environmental Safety Division. 7. The developer shall provide adequate dual access for each phase development to meet the approval of the Building, Life, & Environmental Safety and Engineering Divisions. 8. The developer shall provide full street improvements --street, curb, gutter, sidewalk, and electroIiers-- along Rancho Hills Drive, subject to the review and approval of the Parks and Engineering Divisions. 9. 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 of the Engineering Division. 10. The utilities shaII be installed per the City's Master Plans and the local Master Plans which were prepared by MacKay and Somps, subject to the review and approval of the Engineering Division. I I. Each phase of this map shall meet all design requirements of the Engineering Division. 12. The 1 10-foot-wide Official Plan Line (OPL) for Santa Teresa Boulevard shall be delineated prior to Final Map recordation, subject to the review and approval of the Engineering Division. . . TM 95-02 7 12127/95 (revised 4/17/96) 13. For the necessary off-site dedications to the City of Gilroy required by the roadway and/or utility main design, the developer sha1I pay all the costs of any land purchase for the ultimate right-of- way and easements. The developer shall, within 2 I days after City Council approval of the Tentative Map, deposit the estimated cost of all condemnation expenses with the City of Gilroy's Community Development Department. All costs of the condemnation procedure shall be paid by the developer. All easements and right-of-ways must be dedicated and/or deeded to the City of Gilroy before Final Map approval. 14. All utilities to, through, and on the site shall be installed underground in accordance with the Gilroy Code Section 21.120, subject to the review and approval by the Engineering Division. 15. All grading operations and soil compaction activities shall be per the approved soils report and shall meet with the approval of the City Engineer. 16. An encroachment pennit will be required from the Santa Clara Valley Water District for the outlet structures and locations prior to Final Map approval, subject to the review and approval of Engineering Division. 17. An encroachment permit 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. 18. Street improvements and the design of all storm drainage, sewer and water line6, and all street sections and widths shall be subject to the review and approval of Engineering Division. All utilities to, through, and on the site shall be constructed underground, in accordance with Municipal Code Section 2 1.120, subject to the review and approval of Engineering Division. 19. All improvements are to be done per City of Gilroy standards and approved by the City Engineer. 20. All retaining walls must be constructed ofpennanent materials such as concrete or masonry; wood shall not be used, subject to the review and approval by the Building and Engineering Divisions. 21. All existing water wells shall be sealed to meet the approval of the City Engineer and the Santa Clara Valley Water District (SCVWD). 22. Design and install a traffic signal at Longmeadow Drive/Santa Teresa Boulevard, when warranted by the City Engineering Division. In addition, design and install a southbound right- turn pocket and a northbound left-turn pocket along Santa Teresa Boulevard at the Longmeadow intersection, subject to the review and approval of the Engineering Division. . . TM 95-02 8 12127/95 (revised 4/17/96) 23. Unless this project i6 exempt from the application of City's Residential Development Ordinance ("ROO") (City Zoning Ordinance Sections 50.60 ef seq.), no building permit 6hall be iS6Ued in connection with this project if the owner or developer of 6Uch development (i) is not in compliance with the ROO, any conditions of approval issued in connection with 6Uch development or other City requirements applicable to such development; or (ii) is in default under any agreement entered into with the City in connection with such development pursuant to the ROO. 24. Subdivider shall defend, indemnify, and hold harmless the City, its City Council, Planning Commission, agents, officers, and employees from any claim, action, or proceeding against the City or its City Council, Planning Commission, agents, officers, and employees to attack, set aside, void, or annul an approval of the City, City Council, Planning Commission, or other board, advisory agency, or legislative body concerning this subdivision. City will promptly notifY the subdivider of any claim, action, or proceeding against it, and will cooperate fully in the defense. This condition is imposed pursuant to California Government Code Section 66474.9. 25. The developer shall construct Sunrise Drive from Rancho Hill6 Drive to Santa Teresa Boulevard as part of the Final Map that includes the I 50th lot in the northwesterly portions ofTM 95-02 and 95-03. This construction shall consist of 6Ufficient temporary and permanent improvements to render Sunrise Drive and it's intersection with Santa Teresa Boulevard safe and efficient. Such improvements may include, but are not limited to, underground utilities, parking lanes, curb and gutter, southbound right turn lane, northbound left turn pocket and safety lighting as required by the Engineering Division of the Community Development Department. Temporary improvements are not reimbursable by the Traffic Impact Fund. Pennanent improvements included in the Traffic Impact Fund will be reimbursable. Official Seal of the city of Gilroy this 26th day of April ,1996. . . I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 96-23 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 ,d~~~ city Clerk of the City of Gilro (Seal)