Resolution 1996-28
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RESOLUTION NO. 96-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING A/S 95-31, AN APPLICATION
FOR ARCHITECTURAL AND SITE APPROVAL OF A 60
LOT SINGLE FAMILY SUBDIVISION ON PARCEL NOS.
790-47-001, 790-47-002, AND 790-47-003, ZONED
R1-PUD (SINGLE FAMILY RESIDENTIAL, PLANNED
UNIT DEVELOPMENT)
WHEREAS, SOUTH COUNTY HOUSING submitted A!S 95-31, an
application for architectural and site approval for a 60 lot single
family subdivision on approximately 10.3 acres of property zoned
R1-PUD (Single Family Residential, Planned Unit Development), said
property designated APNs 790-47-001, -002 and -003 and located
south of Farrell Avenue between Church Street and Monterey Road as
set forth on Exhibit A attached hereto and incorporated herein by
this reference; and,
WHEREAS, an expanded Initial Study was prepared for this
project, which Initial Study identified potentially significant
effects on the environment that shall be mitigated to the point of
non-significance by mitigation measures which the applicant agreed
to include in the project; and
WHEREAS, there being no substantial evidence in light of
the whole record before the public agency that the proposed project
may have a significant effect on the environment, a Negative
Declaration with 16 measures was prepared and approved by the City
Council on April 15, 1996 in conjunction with zoning amendment Z95-
10 and TM 95-05 in accordance with California Environmental Quality
Act (CEQA); and,
WHERAS, the Planning Commission reviewed A/S 95-31 at
its duly noticed meeting on April 11, 1996, and recommended that
the City Council approve the project, subject to 24 conditions set
forth in the Staff Report dated April 9, 1996, attached hereto as
Exhibit B and incorporated herein by this reference; and
WHEREAS, the City Council reviewed Application A/S 95-31
and all documents relating thereto and took oral and written
IRPJ\306366.01
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RESOLUTION NO. 96-28
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testimony at its duly noticed meeting on April 11, 1996.
NOW, THEREFORE, BE IT RESOLVED THAT:
SECTION I
The City Council hereby finds that as set forth more
fully in the Staff Report incorporated herein, A/S 95-31 complies
with subsections (a)
(i) of Section 50.55 of the Gilroy Zoning
Ordinance as required to grant planned unit development (PUD)
architectural and site approval.
SECTION II
The City Council hereby finds that:
1. This project is consistent with the Gilroy General
Plan.
2. The City previously adopted a negative declaration
which included this property with 16 mitigation measures and a
mitigation monitoring plan.
3. There are no offsite or onsite environmental
effects of this project which are not addressed in the Negative
Declaration.
4. There is no new information showing environmental
effects to be more significant than described in the Negative
Declaration.
SECT ION I II
A/S 95-31 should be and hereby is approved, subject to
the 24 conditions set forth in Exhibit B, and subject to the
project's mitigation measures and mitigation monitoring program set
forth in the Negative Declaration adopted with applications Z 95-10
and TM 95-05. This approval shall take effect if and when and on
the date zoning amendment Z 95-10 goes into effect.
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RESOLUTION NO. 96-28
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PASSED AND ADOPTED this 6th day of May, 1996 by the
following vote:
AYES:
COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON,
SPRINGER, VALDEZ, GAGE
NOES: COUNCI LMEMBERS :
ABSENT: COUNCILMEMBERS:
APPROVED:
Do~~aiY
ATTEST:
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RESOLUTION NO. 96-28
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EXHIBIT A
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SITE MAP
FOR Z 95-03 & A/S 95-34 (PUD)
. EXHIBIT B .
Community Development Department
Planning Division
Negative Declaration (FinalDraft) CityofGiIroy
7351 Rosanna St.
Gilroy, CA 95020
(408) 848-0440
City File Number: Z 95-03, TM 95-02, TM 95-03 and AlS 95-34 (PUD)
Project 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 totalling 200.8
acres into 294 residential lots & 2 remainder lots.
PrQject 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 Person(s) lJndertakin~ Project
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.
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Draft Negative Declaration
Z 95-03, T M 95-02, T M 95-03, AlS 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 PIan.
4. The Initial Study was independently reviewed by City staff; and this Negative Declaration reflects
the independent judgement of the City of Gilroy.
Mitigation Measures
1. The project sha1I 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 HilIs 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 sha1I be performed to identify appropriate
mitigation measures for the current tentative maps. This' sha1I 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 sha1I be
provided by the developer, subject to review and approval by the City Eilgineering 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 hillside 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
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 permit. 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 Hills Estates). These terms
include, but are not limited to, the following:
, Draft Negative Declara!l
Z 95-03, T M 95-02, T M 95-03, AlS 95-34
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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 minimi,nng directly connected impervious surfaces to provide
for slowing of storm water flows and increasing recharge potential;
. StabiIizing 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 offertilizers, herbicides,
and pesticides); and
. Installing structural storm water treatment controls such as wet Honds, swales, vegetated
filter strips, extended detention basins, and sand filters.
b. Perfonnance 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 shaII prepare a transportation improvement pIan 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 shaII include a
date and phasing schedule. Construction and phasing plans shaII 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 7S 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, NS 95-34
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Final Draft 4-10-96
e. Before constIUcting 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. ConstIUction 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 shall 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 program is subject to review and approval by the
City Building Division, consistent with existing city policies and codes, ppor 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 muflled and maintained. The contractor work specification for all
constIUction activities shall 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 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 shall pay required City of Gilroy Parks and
Recreation impact fees (Deer Park Subdivision and Rancho Hills Estates Subdivision).
12. If archaeological resources or hunian 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 detennined 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 detennine 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 EP A 608, 8015, 8020, and total recoverable oil and grease.
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Draft Negative Declaration
Z 95'()3, T M 95'()2, T M 95'()3, AIS 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 EnvironmentaI Safety Division, and
Chemical Control Division, prior to taking any remedial action. The remedial work plan shaII
include the presence of an archaeological monitor. All action must be completed and
accompanied by a letter of closure by Chemical Control prior to final 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 (.......&/.1319&)
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 CHECKT .IST
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 Monitoring
1 Development designed in Developer City Building Department
accordance with earthquake (Deer Park and
design ~szUJations Rancho Hills Est.)
2 Review 1986 soil and geologic Developer City Building Department
investigation; prepare DeW (Deer Park and
report if necessary Rancho Hills Est.)
:J ('sRStR.tSlt 4;-.:..l.9& flew thwelep. Ci~9 itHI~:-g 1)9P_ h...._t
eleva1iii9R8 at least aM f9gt aD9V8 gllllKlw U:ll.. Est )
tAe 109 YSaF :Dead ellWMi9RS
-5- 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 Plonn;ng Department
7 (Deer Park and
Rancho Hills Est.)
-9- Prepare contractor work Developer City Building 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
-%&- Pay required public safety fees Developer City Plonnh'g Department
9 (Deer Park and
Rancho Hills Est.)
-H- Pay statutory impact fees Developer City plonn;"g Department
10 (Deer Park and
Rancho Hills Est.)
~ Pay required parks and Developer City Plonn;"g Department
11 recreation impact fees (Deer Park and
Rancho Hills Est.)
-i&' Include archaeological resources Developer City Plonn;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 equipment (Deer Pa~k and
Rancho Hills
Est.)
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MITIGATION MONITORING PROGRAM CHECKLIST
Deer Park and Rancho HiIIs 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 Responmllle for
Number Imolementation Monitoring
-+ Design storm drain Developer City Public Works
3 improvements. (Deer Park and Dspartment
Rancho Hills Est.)
-+ Prepare transportation Developer City Public Works
6 improvement plans (Deer Park and Department
Rancho Hills Est.)
-+t- Prepare a work plan to address Developer City Fire Department,
13 removsI of dump site. Test for <Rancho Hills Est.) Builm,,& Life, and
soil and/or groundwater Envuwuuental Safety
contAm;nDtion. If cont.Jllm;nAtion Division, Chemical Control
exists, prepare a remedial work i
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.
. AJS 95-34 (PUD) .
EXHIBIT C
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12/27/95 (revised 4/17/96)
In addition, StafT recommends the foUowine conditions be placed on the granting of this reqnest:
I. Specific architectural design plans for the lots created under TM 95-02 and TM 95-03 shall require
additional Architectural & Site (PUD) Review approval prior to buildout. In addition, those
portions of the project site, delineated on the plans as "Designated Remainder" and "Attached
Housing," shall require additional Architectural & Site Review PUD approval prior to buildout,
subject to the review and approval of the Planning Division.
2. MITIGATION MEASURES #1 THROlJGH #15, contained within the Negative Declaration
prepared under Z 95-03, dated July 1995, shall 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. 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.
4. Hydrant locations and water main sizing shaII be approved by the Building, Life, & Environmental
Safety Division, prior to building permit issuance.
5. Dead-end access roads, in excess of one hundred fifty (150) feet in length, shall enable fire engines
to turn around. Turning radii shaII not be less than thirty-nine (39) feet, subject to the review and
approval of the Building, Life, & Environmental Safety Division.
6. The developer shall provide adequate dual access for each phase development to meet the
approval of the Building, Life, & Environmental Safety and Engineering Divisions.
7. Street improvements and the design of all stonn drainage, sewer and water lines, and all street
sections and widths shall be subject to 'the review and approval by the Engineering Division.
8. The utilities shall be installed per the City's Master Plans and the local Master Plans which were
prepared by MacKay and Somps.
9. Each phase of this project shall 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 shaII pay all the costs of any land purchase for the ultimate right-of-way
,and~ents~-The-develeper shall,-within21 -days.after-€ity 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. AIl easements and right-of-ways must be dedicated and/or deeded to the City of Gilroy
before Final Map approval
I I. 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 Public Works Division.
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.
NS 95-34 (PUD) .
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12127/95 (revised 4/17/96)
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.
16. 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 Engineering Division.
17. All improvements are to be done per City of Gilroy standards and approved by the City Engineer.
18. Off-site street improvements shall be per City of Gilroy Standard Details. These include pipe,
valves, hydrants, back flow devices, concrete, trench back-fill, etc, subject to review and approval
by the Engineering Division.
19. All retaining walls must be constructed of pennanent materials such as concrete or masonry; wood
shall not be used, subject to the review and approval by the Building and Engineering Divisions.
20. All existing water wells shall be sealed to meet the approval of the City Engineer and the Santa
Clara Valley Water District (SCVWD).
21. Approximately 48 units may be transferred from the hillside areas of the property which are
designated Residential Hillside and ParkJPublic Facility, to the remainder of the property, subject
to review and approval by the Planning Division.
22. Residential dwelling units proposed for development within the 6.3:l:: acre site zoned RI (Single
Family Residential) and located west of Rancho Hills Drive shall not be constructed any higher
than one story, subject to review and approval by the Planning Division.
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 96-28
is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the
6th
day of
Mav
19--2L,
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
9th
day of
Mav
19 96.
(Seal)