Resolution 1996-24
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RESOLUTION NO. 96-24
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 97.6 ACRES, APNs
783-20-024, 783-20-030
WHEREAS, Valley Title ("applicant") has submitted TM 95-
03, requesting Tentative Map approval to create 147 single family
lots zoned R1 Single Family Residential on approximately 97.6
acres; and
WHEREAS, the property included in TM 95-03 is located on
the west side of Santa Teresa Boulevard, north of Longmeadow Drive,
and northeast and northwest of the future extension of Rancho Hills
Drive; and
WHEREAS,
an Initial Study and proposed Mitigated
Negati ve 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 project
revisions and/or mitigation measures which will avoid or mitigate
the effects to a point where no significant impacts will occur and
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
WHEREAS, the City Council held a duly noticed public
hearing on March 25, 1996, and continued its deliberations to its
duly noticed public meeting of APril 1, 1996, at which public
meeting the City Council considered the project and the proposed
IRPJI304812.01
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RESOLUTION NO. %-24
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conditions of approval, along with staff reports, public testimony,
and documentation and other evidence and adopted the Mitigated
Negative Declaration as revised April 1, 1996, with conditions,
which Negative Declaration is attached hereto as Exhibit Band
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
other material which constitute the record of the proceedings upon
which this resolution is based is the office of the city Clerk;
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council finds as follows:
1. The project 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
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 project has been prepared in accordance with CEQA and
reflects the independent judgment of the City.
B. The City Council hereby adopts the mitigation
monitoring program as set forth in the Mitigated Negative
Declaration.
C. TM 95-03 should be and hereby is approved, subject
to the mitigation monitoring program set forth in the Mitigated
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RESOLUTION NO. 96-24
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Negative Declaration, and subject to the 23 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: COUNCILMEMBERS:
APPROVED:
ATTEST:
IRPJI304812.01
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RESOLUTION NO. 96-24
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EXHIBIT A
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SITE MAP
FOR TM 95-02 & TM 95-03
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Community Development Department
Planning Division
Negative Declaration (FinalDraft) City of Gilroy
735 I 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)
PrQject 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 Rl PUD (Single Family
Residential, Planned Unit Development) and RH PUD (Residential Hi1Iside,
Planned Unit Development), and to subdivide two parcels totalling 200.8
acres into 294 residential lots & 2 remainder lots.
PrQject Location
Location:
Assessor's Parcel #:
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
Entity or Person(s) Undertakin~ PrQject
Name:
Address:
Valley Title Company
1955 The Alameda, San Jose, CA 95126
Initial Study
An Initial Study of this project was undertaken and prepared for the purpose of ascertaining whether this
project might have a significant effect on the environment. A copy of this study is on file at the City of
Gilroy Planning Division, 7351 Rosanna Street, Gilroy, CA 95020.
Findinp & Reasons
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 following 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 DeclBratif
Z 95-03. T M 95-02. T M 95-03. NS 95-34
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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 stall: and this Negative Declaration reflects
the independent judgement of the City of Gilroy.
Mitigation Measures
1. The project shall be designed in accordance with earthquake design regulations of the Uniform
Building Code, subject to review and approval by the City Building Division (Deer Park
Subdivision and Rancho Hills Estates Subdivision).
2. A certified geologist shaII 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 identifY appropriate
mitigation measures for the current tentative maps. This shaII be accomplished prior to issuance
of a building pennit, 6ubject 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 E,gineering 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 minimi7.e drainage that is channeled to one location. Pathway
paving shall be kept to a minimum and shall be porous in nature, wherever feasible.
e. Drainage facilities shall be designed and installed to collect and transport the natural flows in
the hillside away from the streets and buildings and into approved drainage structures.
4. Developers shaII pay the appropriate storm drain development fees, subject to review by the City
Engineering Division prior to issuance of a building pennit (Deer Park and Rancho HiIIs Estates).
5. The developer shall apply for and obtain a General Permit for Storm Water Discharges
Associatedwith Construction Activity by submitting a completed Notice of Intent form and
appropriate payment to the State Water Resources Control Board prior to the issuance of a
building pennit. Further, the developer sha1I be required to comply with the terms of this permit
during and after construction of the project (Deer Park and Rancho HiIIs Estates). These terms
include, but are not limited to, the following:
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Draft Negative Declaration
Z 95-03, T M 95-02, T M 95-03, AIS 95-34
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Final Draft 4-10-96
a. The use of water quality controls (i.e. Best Management Practices) both during and after
construction, for example:
. Design project to focus on minimi7il1g directly connected impervious surfilces to provide
for slowing of stonn water flows and increasing recharge potential;
. Stabilizing denuded areas prior to the wet season (October 1 through May 1);
. 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 benns and roof covers;
. Using appropriate landscape controls (irrigation and application of ferti1izers, herbicides,
and pesticides); and
. Installing structural stonn 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 annuaI report, documenting all surface water drainage infonnation 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 ManteIli 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 DeJ;brati9
Z 95-03, T M 95-02, T M 95-03, NS 95-34
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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 shall be fully constructed between Santa Teresa Boulevard and the
proposed project. Construction and phasing plans shall be subject to review by the County and
review and approval by the City Engineering Division. It should be designed for two travel
lanes, parking, curbs, and gutters. It should flare out at Santa Teresa Boulevard to include turn
lanes. The final specific design for Sunrise Drive shall meet the requirements of the General
Plan designation for street capacity in the area.
Preparation of this transportation improvement plan will include revising the tentative subdivision
map for Deer Park. The transportation improvement plan will be subject to review and approval
by the City Engineering Division, prior to approval of the final subdivision map and final
improvement plans (Deer Park Subdivision and Rancho Hills Estates Subdivision).
7. The developers shall be responsible for submitting a dust control program which shall include the
applicant being limited to grading no more than four acres per day. This mitigation shall be
implemented throughout project work, and the applicant shaII water all exposed ground surfaces
at the end of each day, and shall water at least once during the work day. Additional water shall
be applied to the ground surface if dust becomes airborne. This mitigation shall be implemented
throughout project grading operations. The programis subject to review and approval by the
City Building Division, consistent with existing city policies and codes, prior to issuance of a
building permit (Deer Park Subdivision and Rancho Hills Estates Subdivision).
8. Noise-generating construction activities shall be restricted to 7 a.m. through 6 p.m.. Construction
equipment shall be properly muffled and maintained. The contractor work specification for all
construction activities shaII 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 6ite, the developer shall pay required City of Gilroy Public Safety
impact fees (Deer Park Subdivision and Rancho Hills Estates Subdivision).
10. The developer shall provide required impacts fees to the Gilroy Unified School District and fuIfill
terms of an existing school mitigation agreement (Deer Park and Rancho Hills Estates Subdivision).
I I. Prior to development of the site, the developer shaII 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 (ISO feet) of the find until it can be evaluated by a qualified professional
archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be
formulated and implemented (Deer Park Subdivision and Rancho Hills Estates Subdivision).
13. The developer shall submit a work plan addressing how the dump area will be removed. The
work plan will need to include a sampling procedure that will adequately determine the presence
of soil or groundwater contamination. The developer shall retain the services of a qualified
environmental testing company to collect the samples. Samples will be analyzed by a certified
laboratory for EPA 608,8015,8020, and total recoverable oil and grease.
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Draft Negative Declaration
Z 95-03, T M 95-02, T M 95-03, A1S 95-34
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Final Draft 4-10-96
The work plan shall be developed in coordination with a qualified archaeologist because of the
potential for cultural materials in the area.
If soil or groundwater contamination is present, a remedial work plan must be submitted and
approved by the Gilroy Fire Division, Building, Life, and Environmental Safety Division, and
Chemical Control Division, prior to taking any remedial action. The remedial work plan shall
include the presence of an archaeological monitor. All action must be completed and
accompanied by a letter of closure by Chemical Control prior to fina1 map approval (Rancho Hills
E6tates 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 (.-.-UJ.llI99)
End of Review Period: October 24, 1995
Date Approved By City Council:
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Norman Allen
Community Development Director
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MITIGATION MONITORING PROGRAM CHECKLIST
Deer Park and Rancho Hills Estates
Initial 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 MODitoring
1 Development designed in Developer City BWlding Department
accordance with earthquake (Deer Park and
deshrn regulations Rancho Hills Est.)
2 Review 1986 soil and geologic Developer City BWlding Department
investigation; prepare new (Deer Park and
report if necessary Rancho Hills Est.)
3 Cg~gt ~-~ftIt9a Dew Dw.I9P_ Cit; i~il..:z:-g ];)8p_ ~8Jlt
eleva:ti9BB at least aRB :fost a9~ gl&e&9 D':1l.. Est )
tae 100 :;.88l" fl99d ele.vatieBS
"'\T-' . . Pay storm drain development Developer City Department of Public
4 fees (Deer Park and Works
Rancho Hills Est.)
-+ Obtain NPDES permit Developer City Department of Public
5 (Deer Park and Works
Rancho Hills Est.)
-&- Submit dust control program Developer City Planning Department
7 (Deer Park and
Rancho Hills Est.)
-9- Prepare contractor work Developer City BWlding Department
8 specifications for all construction (Deer Park and
activities to include restricting Rancho Hills Est.)
noise-generating activities to
from 7 am to 10 pm
-i:&- Pay required public safety fees Developer City Planning Dspartment
9 (Deer Park and
Rancho Hills Est.)
"*" Pay statutory impact fees Developer City Plann;ng Department
10 (Deer Park and
Rancho Hills Est.)
"1:9- Pay required parks and -Developer City Plann;ng Department
11 recreation impact fees (Deer Park and
Rancho Hills Est.)
-t8- Include archaeological resources Developer City Planning Department
12 language on all construction .(Deer Park and
plans Rancho Hills Est.)
14 Temporary access road for Developer City Engineering Div.
heavy construction equipment (Deer Pa~k and
Rancho Hills
Est.)
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MITIGATION MONITORING PROGRAM CHECKT.TlO;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 Responsible for
Nature of Mitigation Responsible for
Number Imulementation MonitoriDg
+ 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.)
~ Prepare a work plan to address Developer City Fire Department,
13 removal of dump site. Test for <Rancho Hills Est.) B1li1dl.,g, Life, and
soil and/or groundwater Enviromnental Safety
contslm;ntltion. If cont..Am;nA1ion 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
siguificant culturaI resources at
the site.
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EXHIBIT C
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TM 95-03
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12127/95 (revised 4/17/96)
In addition Staff recommends the followini conditions be placed on the il'antinv: of this reqJlest.
I. 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).
2. An all-weather access road, not less than 20 feet in width, for fire engines shalI 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.
3. Hydrant locations and water main SlZtng shalI be approved by the Building, Life, &
Environmental Safety Division, prior to building permit issuance.
4. 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.
5. The developer shall provide adequate dual access for each phase development to meet the
approval of the Building, Life, & Environmental Safety and Engineering Division6.
6. 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.
7. 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.
8. 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.
9. Each phase of this map shalI meet all design requirements of the Engineering Division.
10. For the necessary off-site dedications to the City of Gilroy required by the roadway and/or utility
main design, the developer shall pay all the costs of any land purchase for the ultimate right-of-
way and easements. The developer shall, within 21 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.
11. All utilities to, through, and on the site shall be installed underground in accordance with the
Gilroy Code Section 2 I. 120, 6ubject to the review and approval by the Engineering Division.
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TM 95-03
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12/27/95 (revised 4/17/96)
12. All grading operations and soil compaction activities shall be per the approved soils report and
shall meet with the approval of the City Engineer.
13. An encroachment permit 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.
14. 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.
15. 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 Engineering Division. All
utilities to, through, and on the site shall be constructed underground, in accordance with
Municipal Code Section 2I.I20, subject to the review and approval of Engineering Division.
16. All improvements are to be done per City of Gilroy standards and approved by the City
Engineer.
17. All retaining walls must be constructed of permanent materials such as concrete or masonry;
wood shall not be used, subject to the review and approval by the Building and Engineering
Divisions.
18. All existing water wells shall be sealed to meet the approval of the City Engineer and the Santa
Clara Valley Water District (SCVWD).
19. All grading and drainage improvements adjacent to Lions Creek or North Morey Channel shall
require a permit, and be subject to the review of the Santa Clara Valley Water District and the
City Engineering Division.
20. 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.
21. Unless this project is exempt from the application of City's Residential Development Ordinance
("ROO") (City Zoning Ordinance Sections 50.60 et seq.), no building permit shall be issued in
connection with this project if the owner or developer of such development (i) is not in
compliance with the ROO, any condition6 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.
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TM 95-03
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12127/95 (revised 4/17/96)
22. Subdivider shall defend, indemnify, and hold hannIess 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.
23. The developer shall construct Sunrise Drive from Rancho Hills Drive to Santa Teresa Boulevard
as part of the Final Map that includes the 150th lot in the northwesterly portion6 ofTM 95-02
and 95-03. This construction shall consist of sufficient temporary and permanent improvements
to render Sunrise Drive and it's intersection with Santa Tere611 Boulevard safe and efficient.
Such improvements may include, but are not limited to, underground utilities, parking lanes,
curb and gutter, 60uthbound right turn lane, northbound left turn pocket and safety lighting as
required by the Engineering Division of the Community Development Department. Temporary
improvement6 are not reimbursable by the Traffic Impact Fund. Permanent improvements
included in the Traffic Impact Fund will be reimbursable.
Official Seal of the city of Gilroy this 26th day of
April
,1996.
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 96-24 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
which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
April
, 19~, at
(Seal)