Resolution 1996-57
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RESOLUTION NO. 96-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING A/S 96-17 (PUDj, AN
APPLICATION FOR ARCHITECTURAL AND SITE
APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD)
IN ORDER TO CREATE VARYING BUILDING LOT SIZES,
A GOLF COURSE AND CLUB HOUSE COMPLEX, PRIVATE
STREETS AND SIDEWALKS, AND TO MAKE UVAS CREEK
PEDESTRIAN IMPROVEMENTS ON APPROXIMATELY 1,845
ACRES, APNS 810-21-003, 810-22-001, 002 AND
003, AND 810-24-005 AND 006, SHAPELL
INDUSTRIES, APPLICANT
WHEREAS,
Shapell Industries of Northern California
submitted A/S 96-17 (PUD) for architectural and site approval of a
planned unit development for the Eagle Ridge project involving 831
building lots at build out, a golf course and club house complex,
private streets and sidewalks, pedestrian improvements along Uvas
Creek, and including the dedication to the City of 1,070 acres of
hillside open space on approximately 1,845 acres, APNS 810-21-003,
810-22-001, 002 and 003, and 810-24-005 and 006, variously zoned
Rl-PUD (Single Family PUD) , RH (Residential Hillside), and OS (Open
Space); and
WHEREAS, the property affected by A/S 96-17 is located
along the west side of Santa Teresa Boulevard, south of Hecker Pass
Highway and Uvas Creek, and along the southwest side of Miller
Avenue as shown on Exhibit A which lS attached hereto and
incorporated herein by this reference; and
WHEREAS, an Environmental Impact Report (EIR) which
included this proj ect was considered with General Plan Amendment
GPA 90-04, which EIR ("Final Subsequent EIR for the O'Connell
Ranch") was certified by the City Council to be in compliance with
the California Environmental Quality Act (CEQA) and to reflect the
independent review and judgment of the City at their meeting on
October 5, 1992.
In approving the project, the City Council made
the required findings and adopted a Statement of Overriding
Considerations pursuant to CEQA Guideline 15093, and adopted
IRPJI316736.01
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RESOLUTION NO. 96-57
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mitigation measures and a Mitigation Monitoring Program as required
by CEQA pursuant to Public Resources Code section 21081.6, all as
set forth in Exhibits A and B to Resolution 92-79 adopted by the
City Council on October 26, 1992 attached hereto as Exhibit Band
incorporated herein by this reference; and
WHEREAS, the aforementioned EIR has been reviewed and
the City finds that the proj ect remains substantially consistent
with the previous CEQA documentation as described in the Addendum
attached hereto as Exhibit Bl and incorporated herein by this
reference; and
WHEREAS, the Planning Commission reviewed A/S 96-17
(PUD) at its duly noticed meeting on August 29, 1996, and
recommended that the City Council approve the project, subject to
the 14 conditions attached hereto as Exhibit C and incorporated
herein by this reference and set forth in the Staff Report dated
August 23, 1996; and
WHEREAS, the City Council reviewed application A/S 96-17
(PUD), a plan set dated August 9, 1996 and all documents relating
thereto and took oral and written testimony at its duly noticed
meeting on September 3, 1996; and
WHEREAS, the location and custodian of the documents or
other material which constitutes the record of the proceedings upon
which this resolution is based is in the office of the City Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT
SECTION I
The City Council hereby finds that A/S 96-17 (PUD) complies
wi th the findings required to grant PUD architectural and site
approval pursuant to subsections (a) through (i) of Section 50.55
of the Gilroy Zoning Ordinance, and finds the facts as set forth
more fully in the record incorporated herein, particularly in the
Staff Report, support said findings.
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RESOLUTION NO. 96-57
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SECTION II
The City Council hereby finds that:
1. This project is consistent with the Gilroy General Plan.
2. There are no offsi te or onsi te environmental effects of
this project which are not addressed in the EIR, the Mitigation
Monitoring Plan or the Statement of Overriding Considerations that
have been previously adopted for this project.
3. There is no new information or substantial evidence that
the project may have a significant effect on the environment that
is not addressed in the EIR, the Mitigation Monitoring Plan or the
Statement of Overriding Considerations that have been previously
adopted for this project.
SECTION III
A/S 96-17 (PUD) should be and hereby is approved, subject to
the 14 conditions set forth in Exhibit C and consistent with the
conditions imposed on TM 96-05, and subject to the mitigation
measures and mitigation monitoring program set forth in Exhibits A
and B to Resolution 92-79 attached hereto as Exhibit B, and subject
to the mitigation measures and mitigation monitoring program set
forth in the Addendum to the EIR attached hereto as Exhibit Bl.
PASSED AND ADOPTED this 3rd day of September, 1996 by the
following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON,
SPRINGER, VALDEZ, GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
DDMtb--
ATTEST:
SUo"n?;f1~="" Clelc~
IRPJ\316736.01
64-090504708002
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RESOLUTION NO. 96-57
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(Exhibit
B cons~s of EXhibits' A & B to Retlllticn 92-79)
EXHIBIT A
AN ADDENDUM TO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY.
ADOPTING FINDINGS, MITIGATION MEASURES, AND STATEMENTS OF OVERRIDING
CONSIDERATIONS PERTAINING TO. THE FINAL SUBSEQUENT ENVIRONMENTAL
IMPACT REPORT FOR THE O'CONNELL RANCH (GPA 90-04)
The City Council finds that one or more significant effects would likely
result from approval of this proj~ct and that the substantial evidence and
mitigation measures relied upon by this Ccuncil supporting the required
findings are set forth as follows, and the City Council hereby adopts all
mitigation measures in the Final EIR except as revised herein, inCluding, but
not limited to:
I.
A.
SIGNIFICANT EFFECTS
LAND USE:
1. Sianificant Effect: (LU-l) The project will reduce the open space
character on approximately 500 acres of the site where homes and streets would
be constructed. Approximately 135 acres will be converted to golf course open
space. OVer 480 acres of the site will be graded during construction of the
project. Open space views from Highway 152 and Santa Teresa Boulevard wi.ll be
affected by the project.
Mitiaation or Avoidance: (LU-l) Nine hundred and sixty four acres
of open space would be dedicated for preservation in permanent open space
within the Hillside Reserve area of the site. Large custom estate lots would
be located on the lower hillsides with townhomes, 7,000 square foot, and
quarter acre lots located on the lower, flatter area of the site. Three
hundred and fifty acres of the site will be used for hillside open space and
creekways. One hundred and thirty five acres will be developed as golf course
open space.
Mitiaation or ~voidance: (LU-2) The City of Gilroy will require
that a Homeowners Association or some other district be established that is
responsible for maintaining the private open space. In addition, the City
will require that a maintenance district, land trust, endowment, or some other
type.of district be established to ensure maintenance of the hillside open
space areas on the project site, as a condition of project approval.
Mitiaation or Avoidance: (LU-3) The project will be required to
provide a minimum of two access points to the future Uvas Creek Preserve along
the Filice property. The future visitors to the preserve, however, will be
excluded from the adjacent golf course.
Mitioation or ~voidance: (LU-4) The City will require a transfer
of development rights from the creekways and salamander mitigation areas to
ensure that those portions of the site remain undeveloped.
Findino: Specific economic, social or other considerations make
infeasible the mitigation measures or project alternatives identified in the
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Appendix A - O'Connell Ranch EIR
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10/28/92
environmental impact report.
below. )
(See Statement of Overridina Considerations,
2. Sicnificant Effect: (LU-2) The project will eliminate 130 acres of
"Prime Farmland" and "Farmland of State Importance" as well as reduce the
grazing potential on other parts of the site proposed for development.
Adjacent agricultural land may be .prematurely or unnecessarily converted to
non-agricultural uses, due to perceived monetary benefits associated with the
project.
. Mitiaation or Avoidance: None. The impact is unavoidable.
. Findina: Specific economi.c, social or other considerations make
infeasible any mitigation measures or project alternatives identified in the
environmental impact report. (See Statement of Overridina Considerations,
below. )
B. GEOLOGY:
3. Sianificant Effect: (G-1) The project proposes grading on between
480 and 500 acres of the site which will involve a volume of 4.5 million cubic
yards of cut and an equal volume of fill. A maximum cut of over 50 feet is
proposed at one location and fill depths would exceed 10 feet over a
significant portion of the deve10pnent area. .
Mitiaation or Avoidance: (G-1) Grading will be controlled by
limiting construction to lower flatter areas of the site and locating the
larger custom estate lots on the hillside above the lower flatter areas.
Grading for roadway construction will be reduced by constructing five bridges
across canyons or drainages on the site. Grading of slopes above 30 percent
will be limited and cuts of more than 10 to 12 feet will generally be
limited. The City's Engineering Department will review all cuts with the
-intent to limit them where feasible. Under special circumstances and in very
limited areas, the City's Engineering Department may allow cuts to exceed the
maximum 10 to 12 foot depth. Maximum cuts will be limited by the City's
engineering criteria. The intent o~ the Gilroy engineering criteria is to
generally limit grading to the minimum necessary for drainage.
Findina: Specific economic, social or other considerations make
infeasible the mitigation measures or project alternatives identified in the
environmental impact report. (See Statement of Overridino-Considerations,
below. )
4. Sianificant Effect: (G-2) The proposed project is subject to
potential seismic and slope stability hazards. Both active and inactive
landslides were mapped on the site. An apparent inactive fault on the site
has a remote potential for limited sympathetic movement during a major
earthquake on a nearby active fault.
Mitiaation or Avoidance: (G-2) Seismic hazards to homes will be
mitigated by constructing homes to meet seismic Risk Level 4, in accordance
with current practices in California. Possible hazard to structures from
sympathetic movement on the apparent inactive fault will be avoided by setting
buildings back from the fault, or using a foundation that would withstand the
minor movement. Hazards from active and inactive landslides will be avoided
either by avoiding development and construction activities in the slide area
or by engineered excavation and recompaction of landslides. Hazards from
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Appendix A - O'COnnell Ranch EIR
3
10/28/92
slope stability and landslides' will be reduced by engineering all cut and fill
slopes using standard engineering practices for construction of cut and fLII
slopes including: not over steepening slopes and using buttress fill in the
vicinity of highly fract,ured and shear materials. Hazards from upslope_debris
flows and colluvial deposits identified in the Preliminary Geotechnical
Investigation (Appendix A of this EIR). will be reduced or eliminated by
conducting specific studies and following the recommendations of these
studies. Slope stability will be mitigated by Gilroy's requirement:to
generally limit maxilllum cuts to 10 to 12 feet.
Findino: Changes or alterations have been required in, or
incorporated into, such pr?jects which mitigate or avoid the significant
environmental effects thereof as identified in the completed environmental
impact report.
S. 5ionificant Effect:. (G-3) During and after grading, the project
wLll be subject to erosion that could result in downstream sedimentation.
Mitioation or Avoidance: (G-3) Erosion and sedimentation will be
reduced by generally limiting the total area of grading and soil disturbances
on the site to the lower flatter areas of the site. Erosion will be avoided
along most of the drainages on the site by designating approximately 40 acres
of the site for " creekways " . with very limited disturbance for roadway
construction or construction of biological mitigation measures such as ponds.
Erosion will be controlled by limiting grading to the dry season and
establishing erosion control measures before the rainy season. An erosion
control plan will be prepared that includes the use of straw bale fences.
check dams, dikes and settling basins to reduce runoff water velocities and
force. Ground cover will be placed on graded surfaces where final grading is
complete and pavement or structures will not be subsequently constructed. For
example, erosion controlling ground cover will be placed on road cuts and
fills above and below roadways.
Findina: Changes or alterations have been required in, or
incorporated into, such projects which mitigate or avoid the significant
environmental effects thereof as identified in the completed environmental
impact report.
6. Sianificane Effect: {G-4} Expansive soils are present at some
locations on the site which have a potential to adversely affect pavement and
structures~
Mitioaticn or Avoidance: (G-4) Potentially adverse effects from
expansive soils will be avoided by placin9 expansive soils in deep fill and
covering with low or non expansive soils~ The expansive soils will be
engineered in accordance with specified moisture content and compaction
requirements~ Where expansive soils are present and building or other
structures are proposed, a foundation design will be employed that com~ensates
for the expansive characteristics which could result in structural damage.
Findina: Changes or alterations have been required in~ or
incorporated into, such projects which mitigate or avoid the significant
environmental effects thereof as identified in the completed environmental
impact report.
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Appendix A - O'COnnell Ranch EIR
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10/28/92
C. VEGETATION AND WILDLIFE:
7. Sianificant Effect: (VW-l) The project will aignificantly reduce
the veqetation and wildlife habitat on the sita by'converting grassland and
woodland habitat to urban and suburban uses.
Mitiaation or Avoidance: (VW-1) :Vegetation and wildlife impacts
will be partially mitigated by limiting development to less than 5101 acres of
the site. Nine hundrsd and sixty four acres will be left: undisturbed and
dedicated to a public agency for open space:purposes, thereby preserving the
wildlife habitat value on this area of the site. Three hundred and eight
acres of the site will be preserved as hillside open space, with construction
of improvements in this area limited to water tanks and access: roads: for
service and maintenance of water facilities. Forty two acres of the, site
generally located 'along the drainages will be preserved in open space and
designated as creekways.
Vegetation and wildlife impacts will also be partially mitigated by the
>. use of native plants for landscaping materials whenever possible, since they
afford the greatest wildlife habitat.
Findina: Specific economic, social or other considerations make
infeasible the mitigation measures or project alternatives identified in the
environmental impact report. (See Statement of Overridina Considerations,
below. )
8. Sianificant Effect: (VW-2) Approximately 500 to 700 healthy medium
and large sized Oak, Bay Laurel, and Sycamore trees will be removed during
grading and construction of the project.
Mitiaation or Avoidance: (VW-2) The landscaping plans will include
a replacement ratio of a minimum of three trees for every tree removed with a
trunk diameter of greater than six inches (measured 4.5 feet above the
ground). Two thirds of the replacement trees will be native. The replacement
trees will be a minimum of one gallon in size.
All trees that would be preserved on the site would be identified, mapped,
clearly marked, and fenced to the drip line, prior to any construction
activity. No construction traffic would be allowed inside the drip line of
trees to be preserved.
Findina: Specific economic, social or other considerations make
infeasible the mitigation measures or project alternatives identified in the
environmental impact reporte (See Statement of Overridina Considerations,
below. )
ge Sianificant Effect: (VW-3) Native serpentine vegetation
and wildlife_ will be -impacted .by..grading of .a grassy knoll located in the
southeastern area of the site.
Mitiaation or Avoidance: (VW-3) Grading will be avoided entirely
or extremely limited on a minimum of 20\ of the serpentine knoll, equivalent
to approximately 12 acres.
Findina: Changes or alterations have been required in, or
incorporated into, such projects which mitigate or avoid the significant
environmental effects thereof as identified in the completed environmental
impact report.
10. Sianificant Effect: (VW-4)
impact the intermittent drainages and
construction and suburban uses could
their seasonal riparian habitate
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Appendix A - O'Connell Ranch EIR
5
10/28/92
Mitiaation or ~voidance: (VW-4) A:minimum of 40 acres of open
space will be designated for .creekway. uses, :and maintained along seven
drainages on the site. JCcnstruction activities will be limited in the
seasonal drainages, andlfive bridges will be constructed for roadway C;ossings
of these drainages. Highly visible fabric fencing or continuous flagging will
be placed around the seasonal riparian: habitat to be preserved during:grading
and construction to prevent impacts.
'Findinc: Changes or alterations have been required in, or
incorporated into, such !projects which: mitigate or avoid the significant
environmental effects thereof as identified in the completed environmental
impact report.
11. 'Sianificant E~fect: (VW-S) Removal of habitat in the project area
could affect three specbes of special concern.that have been identified on the
project site. (A field ~nvestigation found no checkerspot butterflies on the
site.) The three species are the western pond turtle, red-legged frog, and
the California tiger salamander. Each of these species is dependent upon the
ponds on the site.
Mitiaation or Avoidance: (VW-S) Two of the three ponds on site
will be preserved, one located in the southeast corner of the site near Farman
Canyon and Miller Avenue and one located in Reservoir Canyon, A total of
slightly over 100 acres surrounding the ponds will be left in open space to
assist in providing terrestrial habitat and a buffer between urban uses and
the ponds. In addition, two new ponds will be constructed and other
mitigation measures implemented to provide for self-sustaining population of
the three species, as described below.
RESERVOIR CANYON POND:
1) Additional open land around this pond has been preserved to avoid
impacts to the western pond turtle and red-legged frog. The proposed open
space area should provide an adequate buffer area and provide adequate
habitat for continued breeding success of these species.
2) In addition, a new tiger salamander breeding pend will be constructed
downstream in the immediate vicinity to enhance habitat conditions in this
portion of the site. A total of slightly over 100 acres of potential
California tiger salamander habitat is included in the project.
3) The perimeter of the mitigation area will be fenced to prevent access by
off-road vehicles.
FARMAN CANYON POND:
1) Additional open land around this pond has neen preserved to avoid impacts
to the California tiger salamander. The proposed open space area should
provide an adequate buffer area and provide adequate habitat for continued
breeding success of this species.
2) An undisturbed corridor between the pond and suitable habitat to the
southwest will be provided by retaining Farman Canyon Creek in its natural
condition. Residential structures will.be set back from the creek a
minimum of 200 feet.
3) A new tiger salamander breeding pond will be constructed in the southwest
corner of the project site either within or adjacent to the first
tributary to Farman Canyon Creek.
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Appendix A - O'Connell Ranch EIR
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10/28/92
4) Tunnels beneath the entry road will be provided, as well as suitable
barriers which are intended to prevent tiger salamander from crossing the
road :and intended to direct migrating salamanders to the tunnels 80 that
they ,cross beneath the rJOad.
5') The perimeter: of the mitiigation area will be fenced to prevent access by
off-:oad vehicles.
A draft California tige~ salamander Mitigation Plan has been prepared,:and
is included in Appendix L. Irhe mi.tigation concept of this management plan is
to retain Farman canyon PoneS, Reservoir canyon Pond, and areas su=ounding
these two bodies of water in open space for salamander habitat. The developed
areas and roads that are located in the vicinity of these ponds will be
surrounded by low.walls or barriers to exclude salamanders. The entry road
that crosses the habitat, in the vicinity of Farman Canyon Pond will includes
tunnels to allow salamander movement from one area to another. CUt or fill
slopes located in open space areas will be planted with native grass to
establish upland habitat for this species.
The Mitigation Plan provides for the creation and maintenance of
salamander breeding habitat in Farman Canyon Pond, Reservoir Canyon Pond, and
two new ponds (see Figures 15 and 16). All existing and proposed breeding
ponds would be located adjacent to or are within suitable upland Californi.a
tiger salamander habitat. Specific measures for the creation of each of these
breeding ponds are described on pages 10. through 19 of the Mitigation Plan in
Appendix L. Proper introduction techniques will be utilized to establish
salamander within the breeding ponds (see page 23 of the Mitigation Plan).
The Mitigation Plan also provides for the protection of the tiger
salamander in the development areas and project roads. Off-road vehicle
structures, fencing, salamander barriers, salamande~ tunnels, and special curb
and storm drain designs would protect salamander habitat from human
disturbance, as described on pages 20 through 22 of the Mitigation Plan
(Appendix L).
The tiger salamander mitigation areas and other special status species
mitigation areas will be established and maintained by an assessment district,
homeowners association, land trust, endowment, or other similar entity that is
developed as a condition of approval of the project.
Findina: Changes or alterations have been required in, or
incorporated.into, such projects which mitigate or avoid the significant
environmental effects thereof as identified in the completed environmental
impact report.
D. VISUAL AND AESTHETICS:
12. Sianificant Effect: (VA-l) The proposed project will result in
visual impacts from many vantage points in western, southern and central
Gilrcy including Santa Teresa Boulevard and Highway 152. From these vantage
points, portions of the proposed development would be visible on the lower
elevations of the site. Highway 152 and Santa Teresa Boulevard are designated
as scenic corridors and, therefore, the project would have a significant
visual impact by affecting views from these roadways.
Mitiaation or Avoidance: (VA-I) The project will reduce visual
impacts by preserving the upper hillside of the project in permanent open
space and generally limiting development to the lower flatter areas of the
.
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Appendix A - O'Connell Ranch EIR
7
10/28/92
site. Visual impacts from grading will be limited by constructing a 16 foot
wide roadway (pavement surface) to serve the custom estate lots located across
the toe of the hillside. The project includes a golf course within the
clustered residential uses to afford open space. Santa Clara County's
~equirement of a 100-foot wide development setback along Santa Teresa
Boulevard will reduce visual impacts from this roadway. In conformance with
this County requirement, the project will restrict any structures within a 100
foot wide strip adjacent to Santa Teresa. Boulevard.
Findinc: Specific economic, social or other considerations make
infeasible the mitigation measures or project alternatives identified in the
environmental impact report. (See Stat~ent of OVerridinc Considerations,
below. )
13. Sicnificant Effect: . (VA-2) The project would have a potential
future visual impact on the views from Uvas Creek, when the park planned for
this area is developed.
Mitication or Avoidance: (VA-2) Potential visual impacts from Uvas
Creek will be reduced by the planting of landscaping that screens development
from the future park site, and by the presence of a trail system on the south
side of Ovas Creek, which is part of the Uvas Park Preserve trail system.
Findinc: Specific economic, social or other considerations make
infeasible the mitigation measures or project alternatives identified in the
environmental impact report. (See Statement of OVerridinc Considerations,
below. )
14. Sicnificant Effect: (VA-3) Wa~er tanks and access roads to serve
the tanks may have visual impacts since they will be located on the hillside
above the all residential development in areas that could be visually
prominent. These features could have significant visual impacts on nearby
roadways.
Mitiaation or Avoidance: (VA-3) The visual impacts of the proposed
access roads and water tanks will be reduced by sele~ting locations that are
as visually obscure as possible from most vantage points.
Findina: Specific economic, social or other considerations make
infeasible the mitigation measures or project alternatives identified in the
environmental impact report. (See Statement of Overridina Considerations,
below. )
E. DRArNAGE AND FLOODING:
15. Sicnificant Effect: (DF-1) The proposed project will increase the
amount of impervious area on the project site and, therefore, increase runoff
from the site. The project will result in increased storm flows during a 100-
year storm and even greater percentage increases during smaller storms, such
as a IO-year event.
Mitiaation or Avoidance: (OF-l) The project will mitigate
potential downstream flooding hazards through the preparation and development
of a master storm drainage system that includes all of the site's watershed
canyons that drain into Uvas Creek. The proposed storm drainage system will
include on-site storm water detention ponds and/or downstream channel
improvements as necessary to prevent increased downstream flooding hazard.
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Appendix A - O'Connell Ranch EIR
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10/28/92
Findino: Changes or alter~tions have been required in, or
incorporated into, such projects which mitigate or avoid the significant
environmental effects thereof as identified in the completed environmental
impact report.
16. Sionificant Effect: (DF-2) The project may have significant flood
hazards impacts on the local drainages between the project site and Uvas
Creek. Some downstream drainage channels and pipes between the site and Uvas
Creek have inadequate capacity to accommodate a 10 year flood and would be
unable to carry additional runoff that would result from project development.
Mitioation or Avoidance: (DF-2) The project will mitigate
potential flood hazards to local drainages through a combination of on-site
storm water detention ponds .(water features on the golf course) and downstream
channel improvements. An on-site storm water detention system will prevent
increased runoff from the project by holding storm water on the site and
allowing it to be released slowly, so that there is no increase over the
existing storm flows from the site. Improvements to storm drains, ditches,
and culverts will provide sufficient drainage capacity for the post-project
10-year storm flow from the project site to Uvas Creek.
Any off-site storm drainage mitigation measures shall include acquisitions
of easements and/or rights-of-way by the developer. Any needed acquisition
not under control of the developer at the time the tentative map is submitted
shall be so noted in the submittal. A master storm drainage 'plan would be
required in order to establish measures to reduce the potential downstream
impacts of storm water flows from O'Connell Ranch to Glen Loma and other
adjoining properties. This master plan will be consistent with the City's
master storm drainage plan.
Findina: Changes or alterations have been required in, or
incorporate9 into, such projects which mitigate or avoid the significant
environmental effects thereof as identified in the completed environmental
impact report.
17. Sianificant Effect: (DF-3) Construction of the project could
disturb underlying soils on the site, contributing to sediment erosion and
increasing sediment loading in Uvas Creek. In addition, surface runoff from
the proposed residences and gelf course would contain minor concentrations of
oil and grease, fertilizers, herbicides and pesticides, and heavy metals.
Fertilizer and any pesticides applied to the golf course turf could accumulate
on the turf, depending upon net application rates, and assuming that surface
runoff does not leave the golf course.
Mitiaation or Avoidance: COF-3)" The project would be required to
conform to the regulations of the Santa Clara Valley Non-Point Source
Program. On-site detention ponds would provide locations for pollutant
removal through settling, prior to discharge of the storm water runoff into
the storm drainage system. In addition, scheduling earthwork activities
during the dry season would prevent runoff erosion. During construction near
the creek corridors, the developer would ensure that debris and soil is not
deposited into the Uvas Creek corridor. All existing debris would be removed
from the corridors during constr~ction. Any earthwork activity occurring
during the rainy season would be separated from street gutters and storm
drains by ditches, berms or filtration barriers, such as hay bales.
All exposed soils would be watered during the dry season to limit wind
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Appendix A - O'Connell Ranch EIR
9
10/28/92
erosion. In addition, streets surrounding the construction area would be
swept regularly to collect sediment deposited on the streets before it is
washed into the storm drains or channels.
A golf course operation plan would be developed prior to the issuance of a
Planned Development Permit for the development of the golf course. The plan
would include the following elements: 1) Strict adherence to manufacturers
recommendations and procedures involving chemical applications; 2) Use of
chemicals approved by the County or Department of Aqriculture; 3) Use of only
short-lived pesticides; 4) Application of chemicals only by State-licensed
personnel; 5) Limited use of chemicals; 6) Proper storage, handling and
disposal of chemicals.
Findina: Changes or alterations have been required in, or
incorporated into, such projects which mitigate or avoid the significant
environmental effects thereof as identified in the completed environmental
impact report.
18. Sianificant Effect: (DF-4) The City of Gilroy Public Works
Department has determined that the proposed hillside development associated
with the O'Connell Ranch project would generate a significant increase in the
routine maintenance over and above that required for a similar project in the
flat land areas of the city.
Mitiaation or Avoidance: (DF-4) In accordance with the City's
requirements, the proposed project would be required to establish a
maintenance district, to provide for services in the hillside areas, where
maintenance costs are over and above those encountered in the flatland
subdivisions.
Findina: Changes or alterations have been required in, or
incorporated into, such projects which mitigate or avcid the significant
environmental effects thereof as identified in the completed environmental
impact report.
F. CULTURAL RESOURCES:
19. Sianificant Effect: (CR-l) Two of the three prehistoric
archaeological sites on the property may potentially be impacted by grading
and construction activities proposed by the project.
Mitiaation or Avoidance: (CR-l) Impacts to the prehistoric
archaeological resources will be mitigated by modifying the project to avoid
these resources. Disturbance of the subsurface cultural materials will be
limited or avoided by placing fill over the cultural rescurce sit~s, cr avoid
disturbance by placing open spaces uSes where cultural resources sites are
located. Earthmoving activities in the area of archaeological sites will be
conducted in the presence of a qualified archaeologist and in consultation
with a recognized Native American Observer. If disturbance of cultural
materials results from striping organic material from the surface or
scarification of the surface soil, a limited sample of the deposits will be
excavated and recordation made by the archaeologist to provide a record of the
resource. After sampling, clean fill will be placed on top of these resources
to protect them from future disturbance.
Findino: Changes or alterations have been required in, or
incorporated into, such projects which mitigate or avoid the significant
environmental effects thereof as identified in the completed environmental
impact report.
.
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Appendix A - O'Connell Ranch EIR
10
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20. Sianificant Effect: (CR-2) The project may potentially impact
archaeological resources off of the site during construction of underground
utilities, sanitary sewer lines, and storm lines. _
Mitiaation or Avoidance: (CR-2) Potential:impactslto off site
cultural resources could be reduced by the following measures I 1) surface
reconnaissance and archival research along proposed alignments, 2) in
locations where cultural resources are identified, monitoring,will be required
by a qualified archaeologist during excavation and earthmovin9 activities, and
J) if cultural resources are identified, construction will belhalted whLle a
sample of the materials is recovered for recordation in accoreance with
current standards for archaeological resources.
Findina: Changes or alterations have been required in, or
incorporated into, such projects which mitigate or avoid the significant
environmental effects thereof as identified in the completed environmental
impact report.
~.
G. TRANSPORTATION:
21. Sianificant Effect: (T-1) Upon complete development and occupancy,
the project will result in significant traffic impacts at the following five
intersections: 1) Intersection 415 - U.S. 101 NB Off-ramp/Lea~esley Road, 2)
Intersection 422 - Monterey Street at Leavesley Road, 3) Intersection 467 _
Santa Teresa Boulevard at First Street, 4) Intersection 477 - Westwcod-Drive
at First Street, and 5) Intersection 497 - Santa Teresa Boulevard and the
North Project Entry.
Mitiaation or Avoidance: (T-l) Roadway improvements are
recommended to reduce the project impacts to a non-significant level, as
described on pages 113-120 of the EIR. AS.a condition of project approval,
the City of Gilroy will require the project to contribute its share of the
costs of the improvements through the payment of traffic impact fees.
Findina: Changes or alterations have been required in, or
incorporated into, such projects which mitigate or avoid the significant
environmental effects thereof as identified in the completed environmental
impact report.
22. Si~nificant Effect: (T-2) Traffic circulation on Santa Teresa
Boulevard could be impacted by project traffic at the two entrance streets to
the project site.
Mitication or Avoidance: (T-2) Impacts to circulation on Santa
Teresa Boulevard will be mitigated bY'loc~ting the intersections at the
entrance streets to meet the Santa Clara County Transportation Agency minimum
spacing distance of one quarter mile, and by signalizing the intersectionSe
The signal and intersection improvements at this intersection would be
required to be completed to the ultimate intersection configuration, if the
cost of the improvements is to be credited towards the payment of project
traffic impact fees. The roadway improvements would include long transition
turn pockets on Santa Teresa. All right-of-way dedications shall be made as
necessary for these signals, including adequate right-of-way for acceleration
and deceleration lanes along Santa Teresa. The City of Gilroy Public Works
Department has indicated that all interim construction costs, as well as all
costs for demolition and complete removal of all interim measures (when the
.
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Appendix A - O'COnnell Ranch EIR
11
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signals are constructed to the ultimate design), shall be borne by the
developer.
Since the project will add traffic to Hiller Aven~e,l the City will require
that the project include the widening of Miller Road to . half street cross
section plus 12 additional feet of pavement on the othe~ half of the street,
and any necessary right-of-way acquisitions between the ~outhern property line
and Santa Teresa Boulevard.
Findino: Changes or alterations have been required in, or
incorporated into, such projects which:mitigaue or avoi~ the significant
environmental effects thereof as identified in the COlllp.lJeted environmental
impact report.
"-
23. Sionificant Effect: (T-3) Traffic:generated by the project will
use a fraction of reserve capacity. Existing:traffic together with project
traffic, approved project traffic and reasonably foreseeable traffic will a
have a cumulative effect upon traffic circulation and congestion. Thirteen
intersections would be impacted by cumulative traffic. These intersections
are: 1) u.S. 101 NB Off-Ramp/Leaves ley Blvd., 2) u.s. 101 SB Off-
Ramp/Leaves1ey Blvd., 3) Monterey St/Leavesley Blvd., 4) Santa Teresa
Blvd./First Street, 5) Westwood Dr./ First Street, 6) Santa Teresa 81vd./North
Project Entry, 7) Monterey Street/First Street, 8) u.S. 101 NB Off-
Ramp/Pacheco Pass, 9) U.s. 101 SB Off-Ramp/Tenth Street, 10) Thomas
Road/Thomas Road Extension, 11) Santa Teresa/Thomas Road extension, 12) Santa
Teresa/Tenth Street extension, and 13) Santa Teresa/Thomas Road.
Mitioation or Avoidance: (T-3) The project would contribute a
traffic impact fee to fund for a roadway improvements proportional to the
roadway capacity used by the project traffic.
Mitioation or Avoidance: (T-3) If the O'Connell Ranch project
proceeds in advance of the Glen Lorna development, then a new traffic analysis
w~ll be conducted in order to address the impact on the roadway network
without the implementation of the roadway improvements that are required as
part of the Glen Loma project. The developer shall provide any all mitigation
measures resulting from the additional traffic analysis, as needed.
Findina: Changes or alterations have been required in, or
incorporated into, such projects which mitigate or avoid the significant
environmental effects thereof as identified in the completed environmental
impact report.
24. Sianificant Effect: (T-4) The City of Gilroy Public Works
Department has determined that the proposed hillside development associated
with the O'Connell Ranch project may generate a significant increase in the
routine maintenance of the roadway system over and above that required for a
similar project in the flat land areas of the city.
Mitiaation or Avoidance: {T-4} In accordance with the City's
requirements, the proposed project may be required to establish a maintenance
district, to provide for services in the hillside areas, where maintenance
costs are over and above those encountered in the flat land subdivisions.
Findina: Changes or alterations have been required in, or
incorporated into, such projects whiCh mitigate or avoid the significant
environmental effects thereof as identified in the completed environmental
impact report.
.
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Appendix A - O'connell Ranch EIR
12
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H. NOISE:
25. Sianificant Effectl (N-l) Approximately 17 proposed lots alonq the
Santa Teresa Boulevard front"qe, north of Mil.ler Road, will be exposed to
future noise levels:that exceed the City's 58-decibel residential noise
standard as a result of traffic from future buildout of ..the Gilroy General
Plan.
Mitiaation or Avoidance: (N-l) The project proposes a 100 foot
setback for all structures OD lots along the Santa Teresa Boulevard frontaqe.
Exterior sound l......ls beyond I the 100 foot setback will'meet City standards
for residential uses.
Findina: Changesior alterations have been required in, or
incorporated into, such projects which mitigate or avoid the significant
environmental effects thereof as identified in the completed environmental
impact report.
v
26. Sianificant Effect: (N-2) Construction of the project will result
in temporary noise impacts in the project area. Construction-related noise
would be short-term, occurrinq primarily durinq qrading and construction on
the site.
Mitiaation or Avoidance: (N-2)
will be mitigated by allowing construction
Friday, between 7:00 AM and 7:00 PM.
Findina: Changes or alterations have been required in, or
incorporated into, such projects which mitiqate or avoid the significant
environmental effects thereof as identified in the completed environmental
impact report.
COnstruction related noise impacts
activities only Monday through
1. AIR QUALITY:
27. Sianificant Effect: (AQ-l) The project will contribute to Gilroy's
total veh~cular emissions on a regional level and would exceed the 150 pound
per day threshold for two criteria pollutants. Regional cumulative emissions
projected from buildout of the Gilroy area are expected to result in a
threefold increase of emissions.
Mitiaation or Avoidance: (AQ-l) Mitigation of air quality impacts
from the project vehicles, as well as for cumulative impacts, is provided by
implementation of Transportation Demand Management and Transportation Control
Measures encouraged by the Bay Area Air Quality Management District '91 Clean
Air Plan. Effective ~lementation of these measures would achieve up to a
five percent reduction in project emissions~
Findina: Specific economic, social or other considerations make
infeasible the mitigation measures or project alternatives identified in the
environmental impact report. (See Statement of Overridina Considerations,
below. )
28. Sionificant Effect: (AQ-2) The project will generate dust and
particulates during the construction phase of the project.
Mitioation or Avoidance: (AQ-2) Construction generated dust from
grading will be controlled by periodic watering. Dust will also be reduced by
establishing ground cover on graded surfaces where final grades are complete
and pavements and structures will not be subsequently constructed. For
.
.
Appendix A - O'Connell Ranch ErR
13
10/28/92
example, erosion controlling ground cover will be placed on road cuts and
fills above and below roadways upon completion of final grading.
: Findina: Changes or alterations have been required in, or
incorporated into, such projects :which mitigate or avoid the significant
environmental effec1ts thereof as iidentified in the completed environmental
impact report.
J. WASTEWATER TREATMENT:
29. : Sianificalit Effect: (WT-l) Potential impacts to groundwater
quality could result, if impropen1y treated wastewater used for irrigation
leaches lti.gh concentrations of niotrates intn the groundwater table, thus
contaminating groundwater wells.
: Mitication or Avoidance: (WT-1) The project will design and
operate the wastewater treatment ;facility in a manner that guarantees
production of high quality effluent that conforms to Title 22 of the
California Administrative Code. COnformance with Title 22 will, thereby,
ensure compliance with Order No. 85-82 which prohibits nitrate impacts on
groundwater.
Findina: Changes or alterations have been required in, or
incorporated into, such projects which mitigate or avoid the significant
environmental effects thereof as identified in the completed. environmental
impact report.
30. Sianificant Effect: CWT-2) Potential impacts to surface and
groundwater quality could result from overwatering of the turf and other
landscaping, which could result in surface flow of wastewater.
Mitication or Avoidance: CWT-2) Irrigation of golf course turf and
landscaped areas will be on an as needed basis only, applying no more than the
volumes necessary to maintain healthy vegetation. All irrigation will cease
during rainy periods and retained water will be stored in a lined reservoir on
the site.
Findina: Changes or alterations have been required in, or
incorporated into, such projects which mitigate or avoid the significant
environmental effects t~erecf as identified in the completed environmental
impact report.
31. Sicnificant Effect: (WT-3) Potential impacts to surface and
groundwater could result, if there is an escape of wastewater from the storage
reservoir during a rainstorme
Mitiaation or Avoidance: (WT-3) For rainy periods and periods of
low consumptive demand, such as during winter months, the wastewater storage
reservoirs will be sized with adequate capacity to contain the daily effluent
contributions (including direct rainfall and runoff from banks and berms)
during the extended rainy season corresponding to a 100 year rainfall (120 day
capacity) .
Findina: Changes or alterations have been required in, or
incorporated into, such projects which mitigate or avoid the significant
environmental effects thereof as identified in the completed environmental
impact report.
.
.
,
Appendix A - O'connell Ranch EIR
14
10/28/92
32. Si~nificant Effect: (WT-4) The proposed reclaiJlied wastewater
storage reservoir, if it is unlined, may leach excessive nitrates into the
groundwater and contaminate groundwater wells.
Mitioation or Avoidance: (WT-4) The project will construct-the
reclaimed water storage reservoir with a watertight liner to prevent
percolation of wastewater into the underlying aquiferes). Monitoring of
groundwater quality immediately adjacent to the reservoir will confirm the
adequacy of the .reservoir lining to prevent seepage.
Findino: Changes or alterations have been required in, or
incorporated into, such projects which mitigate or avoid the significant
environmental effects thereof as identified in the completed environmental
impact report.
,-
33. Sianificant Effect: (WT-S) In the event of cataclysmic disaster,
the Reclamation facility and storage reservoir may experience total failure
and treated as well as untreated wastewater could potentially flow into
uvas/Carnadero creek. However, if such a cataclysmic event were to occur, it
is unlikely that the conveyance system from the G/MHHTP to the satellite
treatment plant would remain intact. Therefore, it is unlikely that any
sewage other than the amount already on the site, would escape into the
Ovas/Carnadero Creek. .
Mitioation or Avoidance: (WT-S) The SWRF has been designed to
withstand natural disasters. The project would not be impacted by seismic
events, since no faults, active or otherwise, are known to traverse the SWRF
site..
Findina: Changes or alterations have been required in, or
incorporated into, such projects which mitigate or avoid the significant
environmental effects thereof as identified in the completed environmental
impact report.
34. Si~nificant Effect: (WT-6) The proposed satellite treatment plant
is located within the floodplain of Uvas Creek. Potential flooding impacts
could occur without adequate flood protection.
Mitioation or Avoidance: (WT-6) The project will mitigate
potential flooding impacts by constructing a levee to the northeast of the
reclamation plant to an elevation of 219 feet. This levee will adequately
protect the SWRF from the 100 year flood.
Findina: Changes or alterations have been required in, or
incorporated into, such projects which mitigate or avoid the significant
environmental effects thereof as identified in the completed environmental
impact report.
K. SERVICES AND UTILITIES:
35. Sianificant Effect: (SU-I) The project will require water service
at higher elevations than the existing water system can supply. The project
will also require water storage capacity and supply beyond the capabilities of
Gilroy's existing water system.
Mitiaation or Avoidance: (SU-l) The project will include the
expansion of the Gilroy water system to serve project demands. The projece
will include construction of one or more water reservoirs on the site to
.
.
Appendix A - O'Connell Ranch EIR
IS
10/28/92
provide the necessary storage capacity. These reservoirs will be located at
an elevation sufficient to provide adequate water pressure.
Findino: Changes or alterations have been required in, or
incorporated into, such projects which mitigate or avoid the significant
environmental effects thereof as identified in the completed environmental
impact report.
36. Sianificant Effect: (SU-3) Emergency fire response times to the
site exceed city standards because of the distance to the nearest fire
station.
Hitioation or Avoidance: (5U-3) Construction of a new fire station.
in the Gavilan Community College area will reduce fire response times.
Findino: Changes or alterations have been required in, or
incorporated into, such projects which mitigate or avoid the significant
environmental effects thereof.as identified in the completed environmental
impact report.
~
37. Sianificant Effect:
protection services requiring
department.
Mitioation or Avoidance: (5U-4) The impact to police
be offset by Public Safety Impact Fees charged to the project.
revenues will offset a part of the increased police protection
costs.
(SU-4) The project will impact police
additional personnel and equipment in this
service will
Property tax
operational
Findino: Changes or alterations have been required in, or
incorporated into, such projects which mitigate or avoid the significant
environmental effects thereof as identified in the completed environmental
impact report.
38. Sionificant Effect: (SU-5) The project will generate school-age
children that will impact schools, if schools do not have available space at
the time of project development. Currently, all schools in the project area
ar:e impacted.
Mitioation or Avoidance: (SU-5)' The project will pay the maximum
school impact fee authorized by state law at the time the building permits are
issued. The developer shall, as soon as possible, negotiate with the Gilroy
Unified School District to determine the level of additional impacts on the
District. In the case of an impasse, the City of Gilroy shall mediate the
negotiation. Following completion of the negotiations, the developer shall
provide mitigation of the impacts to ~he School District which may include 1)
impact fees, 2) dedication of land, 3) facilities and/or 4) equipment. The
developer shall. submit -a. completed mitigation plan to the City prior to the
application for a tentative map.
Findino: Changes or alterations have been required in. or
incorporated into, such projects which mitigate or avoid the significant
environmental effects thereof as identified in the completed environmental
impact report.
39. Sianificant Effect: (SU-6) The project would impact library
services and would potentially impact park services.
Mitiaation or Avoidance: (SU-6) Library impacts will be partially
offset by tax revenues generated by the project. The project is proposing to
.
.
Appendix A - O'COnnell Ranch EIR
16
10/28/92
pay approximately four million dollars in park fees, thereby offsetting the
demand for approximately lS additional acres of park land. The project will
further dedicate 964 acres of hillside and creekway areas to the City of
Gilroy to be maintained as open space. In addition, the proposed golf.course
will provide recreational opportunities. Park operation and maintenance costs
resulting from the demand of future residents of the project will be partially
offset by tax revenues.
Findina: Changes or alterations have been required in, or
incorporated into, such projects which mitigate or avoid the significant
environmental effects thereof as identified in the completed environmental
i.mpact report.
~
40. Sianificant Effect: (SU-7) The project will impact fire protection
services requiring additional personnel and equipment in this department.
Mitiaation or Avoidance: (SU-7) The impact to fire services will
be offset by Public Safety Impact Fees charged to the project. Property tax
revenues will pffset a part of the increased police protection operational
costs. A new fire station is currently being considered to the south of the
site in the Gavilan COmmunity College area. The Fire Department of the City
of Gilroy and the Public Works Department recommend that a professional
location analysis be conducted to analyze the long term city.conf~guration and
to recommend locations of the additional fire station(s). The city has
further suggested that the major developers in the area pay for this study.
This study will assure that new fire station is at the best location to serve
the all planned future development before funds are invested in capital
i.mprovements for a new fire station.
The project would be required to provide adequate fire flows and water
pressure to the site in order to ensure a water supply sufficient for fire
~ightinq capabilities. Project roadways would be designed to provide emergency
access. Project roadways would generally be no less than 20 feet in width,
with no less than 13.5 feet in vertical clearance. The proposed residential,
golf course clubhouse, and other project structures would be constructed in
conformance with the Uniform Fire Code.
Risk of ~wildland" fire can be reduced in hillside areas by having a
minimum 30 foot setback between residences, garages, and structures. These 30
foot setbacks can be landscaped with irrigated plant materials, such as lawns.
Findino: Changes or alterations have been required in, or
incorporated into, such projects which mitigate or avoid the significant
environmental effects thereof as identified in the completed environmental
, .
impact report. .
41. Sionificant Effect: (SU-8) The City of Gilroy Public Works
Department has determined that the proposed hillside development associated
with the O'Connell Ranch project may generate a significant increase in the
routine maintenance of water, sanitary sewer, and storm drainage over and
above that required for a similar project in the flat land areas of the city.
In addition, the dedication of the 964 acres of open space, in its natural
state, would require additional maintenance and increased hillside
protection.
Mitiaation or Avoidance:
requirements, the proposed project
(SU-8) In accordance with
may be required to establish
the City's
a maintenance
.
.
Appendix A - O'COnnell Ranch EIR
17
10/28/92
di.strict, to provide for services in the hillside areas (above the 280 foot "'.
contour), where maintenance costs are over and above those encountered in the
flat land sul:>divisions. The City of Gilroy wiliL require that a Homeowners
Association, or some other district, be establi~hed that is responsible for
maintaining the private open space. In additiop,the City will require-that a
maintenance district, land trust, endowment, o~ some other type of district be
established to ensure maintenance of the hi1lsipe open space areas on the
project site, as a condition of project approval.
Findina: Changes or alterations have been required in, or
incorporated into, such projects which mitigat...or avoid the significant
environmental effects thereof as identified in !:he completed environmental
impact repcrt.
L. CUMULATIVE IMPACTS:
42. Sianificant Effect: (CUM) The significant cumulative impacts of the
~ project result from the following:
1) The incremental conversion of undeveloped land to urban-related uses
or amendment of the General Plan to allow for more urban-related
uses.
2) The incremental loss of agricultural land
3) Impacts of vegetation and wildlife
4) A substantial increase in traffic at the 13 intersections identified
in the Subsequent EIR
5) A possible delay in attainment of air quality standards
6) An increase in the amount of groundwater withdrawn
'7) An increase in the generation of wastewater
8) An increase in quantity af stormwater runoff to Llagas Creek and Uvas
Creek
9) An increase in the demand for fire service by the Gilroy Fire Dept.
10) An increase in demand for police protection
11) An increase in demand for school services
Mitiaation or Avoidance: (CUM) The mitigation measures for the
project are as discussed above.
Findina: With regard to the following cumulative impacts, changes
or alterations have been required in, or incorporated into, the project which
mitigate or avoid the significant cumulative environmental effects thereof as
identified in the completed environmental impact repcrt:
1) A substantial increase in traffic at the 13 intersections identified
in the Subsequent EIR
2)' An increase in the amount of groundwater withdrawn
3) An increase in the generation of wastewater
4) An increase in quantity of stormwater runoff to Llagas Creek
5 ) An increase in demand for police protection
6) An increase in demand for school services
With regard to the remaining cumulative impacts identified above, specific
economic, social or other considerations make infeasible the mitigation
measures or project alternatives identified in the subsequent environmental
impact report. (See Statement of Overridina Considerations, below.)
..
.
EXHIBIT B
MOBX~1UlfQ PROORllH
O'CONNELL RANCH FINAL SUBSEQUENT EIR
A ~tigation monitoring program has been designed for mitigation measures that
woudd reduce the significant impacts resulting from the proposed project to a
lesa than significant effect. Monitoring procedures and the individuals or
agencies responsible for their implementation are identified on the following
pages for each impact and mitigation measure. Monitoring procedures are not
applicable to signxficant unavoid~le impacts,' or to those impacts that are
less than significant.
(NOTE: FOR FULL WORDING OF CODED MITIGATION MEASURES, REFER TO EXHIBIT A.)
Land Use
MONITORING PROGRAM: (LU-l through LU-4) The Cilroy Planning Director shall
ensure the open space mitigation described above is implemented by reviewing
the development plans prior to issuance of a grading permit. . After completion
of grading, the Gilroy Planning Director shall prepare a report documenting
compliance with the above described mitigation.
Geology
MONITORING PROGRAM: (G-l) The Gilroy Public Works Director shall ensure that
grading impacts are limited and reduced through the implementation of the
mitigation described. The Gilroy Planning Director will review the devel-
opment plans and determine that they incorporate the described mitigations,
prior to issuance of a grading permit. After completion of grading, the
Gilroy Public Works Director shall preparing a report documenting compliance
with the above described mitigation.
MONITORING PROGRAM: (G-2) The Gilroy Public Works Director will review and
approve the geotechnical and soils investigations that provide the engineering
specification for grading, roadway design, foundation design, and placement of
structures. Prior to issuance of any grading or building permit, the Gilroy
Director of Public Works will review grading plans and plans for structural
foundations and footings, to insure that ~hey conform with the recommendations
of geotechnical and soils .lnves~igatiQns. The City.Puhlic Works Director
shall inspect the site prior, during, and after construction to ensure that
the construction is completed in accordance wi~h the approved
MONITORING PROGRAM: (G-3) The Gilroy Public Works Director will review the
erosion control plan to ensure adequate erosion control', prior to issuance of
a grading permit. The Public Works Director will periodically inspect the
grading and construction operation to ensure conformance with the grading plan
and the erosion control plan. At a minimum, the grading operation will be
inspected in September during the construction phase of the project, to ensure
that erosion control measures are in place prior to the rainy season.
,
.
.
MONITORING PROGRAM: (G-4) The Gilroy Public Works Director will review and
approve the geotechnical, soils, and foundation investigations that provide
the engineering specification for grading, foundation design, and placement of
structures. Prior to issuance of any grading or building permit, the Gilroy
Director of Public Works will review grading plans and plans for stru~ural
foundation .and footing to insure that they conform with the recommendations of
geotechnical and soils investigations. The City Public Works Director shall
inspect the site prior, during, and after construction to ensure that the
construction is completed in accordance with the approved plans.
VegetatioD aDd Wildlife
MONITORING PROGRAM: (VW-l) The Gilroy Planning Director will review devel-
opment plans and determine that the mitigation measures described above are
incorporated into the project before approval of the plan.
MONITORING PROGRAM: (VW-2) The Gilroy Planning Director will review the
landscaping plans to verify inclusion of the above mitigations. The Planning
Director will inspect the site after installation of landscaping and confirm
that the mitigation has been implemented. The site will be reinspected on an
annual basis for three years to assure that there is a 75' survival rate of
the landscape trees and that dead trees are replaced as necessary to achieve
the 75' survival rate.
MONITORING PROGRAM: (VW-3) The Gilroy Planning Director will review devel-
opment plans and determine that the mitigation measures described above are
incorporated before approval of the plan.
MONITORING PROGRAM: (VW-4) The Gilroy Planning Director will review devel-
opment plans and determine that the mitigation measures described abcve are
incorporated before approval of the plan. The Gilroy Public Works Director
will conduct periodic inspections of the grading operation to ensure that the
seasonal riparian habitat designated for preservation is not disturbed by
construction activities.
MONITORING PROGRAM: (VW-5) The Monitoring Program is included in the Miti-
gation Plan to ensure that the site conditions remain suitable for California
tiger salamander habitat. Site conditions that will be monitored include:
breeding ponds, upland habitat, sala~ander barriers and tunnels, and off-road
vehicle fencing. This Monitoring Program will entail examination of the
salamander habitat, as well as monitoring the numbers of larval salamanders.
In addition, the roads adjacent to and within the project site will be mon-
itored for dead salamanders. Specific monitoring activities are described on
pages 24 through 33 of Appendix L. An annual report will be prepared and
submitted to the Department of Fish and Game for each year of monitoring.
The Gilroy Planning Director will review development plans and determine that
the mitigation measures described above are incorporated before approval of
the plan.
.
.
Visual and Aesthetics
MONITORING PROGRAM: (VA-l) The Gilroy Planning Director will review (under
Design Review) site design, architectural plans, and landscaping plans to
assure that visual impacts are adequately mitigated, prior to issuance of any
grading or building permit.
MONITORING PROGRAM: (VA-2) The Gilroy' Planning Director will review all
project landscaping plans prior to issuance of any development pe~ts.
MONITORING PROGRAM: (VA-3) The Gilroy Planning Director will review the
location of the proposed access roads and water tanks prior to the issuance of
any development approvals.
Drainage and Flooding
MONITORING PROGRAM: (DF-1) The Gilroy Public Works Department will review and
approve the proposed project drainage plans for compliance with the City's
drainage requirements, which include the provision for surface drainage of
each lot to the street, or a storm line, or a dedicated drainage channel that
discharges to Uvas Creek.
MONITORING PROGRAM: (DF-2) The City of Gilroy Public Works Department will
review and approve the project drainage plans before the issuance of improve-
ment permits. Drainage plans will be required to comply with the City of
Gilroy's drainage criteria. The type and extent of drainage improvements will
be evaluated as part of the project design review process.
MONITORING PROGRAM: (DF-3) The City of Gilroy Public Works Department will
review and approve the project drainage plans and golf course irrigation plan
before the issuance of improvement permits~ Drainage plans will be required
to comply with the City of Gilroy's drainage criteria.
MONITORING PROGRAM: (DF-4) The applicant would be required to contribute fees
to a maintenance district as a condition of project approval. The City of
Gilroy Public Works would determine the additional expenditures associated
with hillside maintenance, and would then divide the proper assessment by the
number of dwelling units approved as part of the project.
Cultural Resources
MONITORING PROGRAM: (CR-l) The Gilroy Planning Director will review project
plans and verify that the site design avoids excavation in the area of arch-
aeological sites. In areas where grading could affect archaeological re-
sources, the project grading permit will include a provision for a qualified
archeological monitor and Native American Observer to be present during the
earthmoving activities on the archaeological site~ The grading permit will
include a provision specifying that, in the event that cultural resources are
disturbed, a sample of the impacted resources will be recovered and recorded
in accordance with current professional archaeological practices.
MONITORING PROGRAM: (CR-2) The Gilroy Planning Director will insure that the
above mitigation measures are made a condition of development approvals~
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TrlUUlport:a~ioD
MONITORING PROGRAM: (T-1) The Gl.lroy Planni.ng Director will revl._ the
developmen~ approvals ~o i.nsure ~ha~ ~hey provide for mi~iga~ion l.n IDne of ~he
following ways:
1) The mitigation is implemented by the project ,applican~ by the cQmpletion
of ~he last phase of development, or
2) The mitigation will be implemen~ed by Ca1trans or o~he%S by the ~OIDple~ion
of the last phase of development, or
3) Fundi.ng for the mitigation is included as part of a traffic i1Dp~ fee and
Gilroy will construct improvements by completion of cOmltruction of the
last phase of the project.
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MONITORING PROGRAM: (T-2)
development approvals and
described above.
The Gilroy Public Works Director will revl.ew the
veri.fy that they include the mitigation lDeasure
MONITORING PROGRAM: (T-3) The Gilroy Director of Public Works will ensure
that the traffic impact fee in effect at the tilDe of developmen~ approval is a
condition of project approval.
MONITORING PROGRAM: (T-4) The applicant would be required to contribu~e fees
to a maintenance district as a condi~ion of project approval. The City of
Gilroy Public WOrks would determi.ne ~he additional expenditures associated
with hillside maintenance, and would then divide the proper assessment by the
number of dwelling units approved as part of the project.
Noise
MONITORING PROGRAM: (N-l) The Gilroy. Planning Director will condition issuance
of project building permits to the project's compliance with the City's indoor
and outdoor noise level guidelines.
MONITORING PROGRAM: (N-2) The Gilroy Planning Director will review grading
and building permits to ensure that they include the mitigation measures
described above.
Air' Quality
MONITORING-PROGRAM: (AQ-l) The Bay Area Air Quality Management District,
together with the State Department of Motor Vehicles, will condition the
issuance of vehicular registration renewals to the inspection and emissions
testing of vehicles.
The City of Gilroy Department of Planning and the Department of Public Works
will review the project site plans and ensure that bikeways, pedestrian paths,
and facilities providing access to public transit are included in the project.
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MONITORING PROGRAM: (AQ-2) The Gilroy'public Works Director will review and
approve dust control measures as conditions of uhe grading permit. To ensure
that construction mitigation is implemented, fi~al project approval would be
conditioned upon the receipt of a satisfactory 40nstruction mitigation plan
from the developer/contractor. This plan wouldlspecify the methods of control
that will be utilized, demonstrate the ,availability of equipment and per-
sonnel, and identify a responsible individual w'o, can authorize additional
measures, if warranted.
WasteWater Treatmeat
'MONlTORING PROGRAM: (WT-l) The design and opotation of wastew"ter treatment
facilities and use of reclaimed wastewater for ~rrigation purposes is subject
to the requirements of Title 22 of the:California Administrative COde, admin-
istered by the Regional Water Quality Control Board. The Regional Water
Quality Control Board will review and approve. the design and operation plans
for the wastewater treatment facility, 'and receive scheduled effluent monitor-
ing data to ensure compliance with reclaimed wastewater quality standards.
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MONITORING PROGRAM: (WT-2) The golf course greenskeeper will be responsible
for maintaining proper irrigation practices and ensuring that the golf course
turf and landscaped areas are not overwatered. The greenskeeper'will prepare
an annual report summarizing the success in preventing the runoff of excess
irrigation water. The Director of Public Works will review this annual report
and periodically inspect the irrigation operation.
MONITORING PROGRAM: (WT-3) The design and size of the wastewater storage
reservoirs will be reviewed and approved by the Gilroy Public Works Director
prior to issuance of building permits.
MONITORING PROGRAM: (WT-4) The design of the wastewater storage reservoir
will be subject to the review of the Gilroy Public Works Director and the
Regional Water Quality Control Board official. Monitoring of groundwater
quality would be reviewed by the Regional Water Quality Control Board.
MONITORING PROGRAM: (WT-5) The design and construction of the satellite
wastewater treatment facility will be reviewed by the Gilroy Public Works
Director and Regional Water Quality Control Board official. The wastewater
treatment plant will be required to meet current earthquake safety criteria
for a public facility.
The final wastewater treatment mitigation will be subject to the review and
approval of the Public Works Department. A project sewer master plan will be
required and must be in agreement with the City-wide sanitary Sewer Master
Plan. The project sewer master plan must address phasing of the projec~ sewer
and be in concert with the project water and storm drainage master plan
phasing.
MONITORING PROGRAM: (WT-6) The Gilroy Public Works Director will review and
approve the plans for the wastewater treatment facility and associated levee
prior to issuance of any building permits.
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Service. and Utilities
MONITORING PROGRAM: (SU-l) The proposed water system will be required to meet
City of Gilroy standards. The Gilroy Public Works Director will review and
approve the design of the water system prior to issuance of any improvement
approvals.
MONITORING PROGRAM: (SU-3) The Gilroy City Fire Chief will review the project
plans and confirm that adequate response times can be achieved prior to is-
suing occupancy permits.
MONITORING PROGRAM: (SU-4) The Gilroy Planning Director will condition ap-
proval of the project to the provision of adequate police protection to serve
the site.
MONITORING PROGRAM: (SU-S) The Gilroy Planning Director will condition proj-
ect approvals to include payment of the appropriate school impact fees. If
the Gilroy Unified School District determines that the project will impact
schools beyond the level offset by school impact fees, the applicant shall, as
soon as possible (and before issuance of any building permits), negotiate with
the School District and the city and agree to furnish funds and facilities
that will fully mitigate such impacts.
MONITORING PROGRAM: (SU-6) The Gilroy Planning Director will condition ap-
proval of the project upon the dedication of approximately 964 acres to the
City of Gilroy for open space use. The City of Gilroy will also condition
approval of the project upon the payment of park fees. Future residents of
the project will be required to pay County property taxes, a portion of which
will be distributed to the local parks and library maintenance.
MONITORING PROGRAM: (SU-7) The Gilroy Planning Director will condition ap-
proval of the project to the provision of adequate fire protection to serve
the site~ The applicant would be required to contribute fees to a maintenance
district as a condition of project approval.
MONITORING PROGRAM: (SU-8) The applicant may be required to contribute fees
to a maintenance district as a condition of project approval. The City of
Gilroy Public Works would determine the additional expenditures associated
with hillside maintenance, and would then divide the ~roper assessment by the
number of dwelling units approved as part of the project.
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ADDENDUM TO THE FINAL SUBSEQUENT
ENVIRONMENTAL IMP ACT REPORT
FOR THE O'CONNELL RANCH
This Addendum addresses revised partial mitigation measures and a change in the project
eliminating the proposed construction of a Satellite Wastewater Reclamation Facility ("SWRF")
in conjunction with tentative map application TM96-05 and architectural and site approval A/S
96-17 and is prepared pursuant to CEQA Guideline Section 15164. On October 26, 1992, the
City Council of Gilroy adopted Resolution No. 92-79 which approved General Plan Amendment
GPA 90-04 for the O'Connell Ranch project. In conjunction with the approval and as set forth in
Res. 92-79, the City Council found that it had taken all actions required by CEQA for the project
and made the findings required by Public Resources Code Section 21081 regarding project
impacts and project alternatives. Because only partial mitigation could be provided for some
significant effects, the Council also adopted a Statement of Overriding Considerations pursuant to
CEQA Guideline 15093. The Council also adopted a mitigation/monitoring program pursuant to
Public Resources Code Section 21081.6. The EIR certified for the project expressly included all
future discretionary approvals, including tentative map and architectural and site design.
Subsequently, tentative map application TM 96-05 and architectural and site application
A/S 96-17 have set forth more specific details of the project and caused the City to further review
and refine the following mitigation measures imposed as partial mitigation for this project's
impacts.
I. Unavoidable Significant Effects on Land Use (LU-I) and on Visual and Aesthetic Ouality
(V A-2)
In Res. 92-79, the City Council found that unavoidable significant effects on land use and
on visual and aesthetic quality would likely result from this project in that the open space and
visual character of the project site would change with the construction of homes and a golf
course. In partial mitigation for these unavoidable impacts, the City Council adopted the
following mitigation measures:
LU-3 The project will be required to provide a minimum of two
access points to the future Uvas Creek Preserve along the Filice
property. The future visitors to the preserve, however, will be
excluded from the adjacent golf course.
V A-2 (in relevant part) Potential visual impacts from Uvas Creek
will be reduced . . . by the presence of a trail system on the south
side of Uvas Creek, which is part of the Uvas Park Preserve trail
system.
Upon further consideration, the City Council finds that design standards and risk factors
would require the City to construct a significant golf barrier/fence to protect the public utilizing
the south side Uvas Creek trail from golf ball injury. This barrier would constitute a new, adverse
visual impact of the project.
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The City and applicant have considered alternative partial mitigation measures. It was
agreed that a Class I trail project would be constructed by the applicant in lieu of the trail
easement and two-point access. The applicant has agreed to Master Plan both the future south
and north creekside Class I trail connections that will be needed at Santa Teresa Boulevard, and
has offered to contribute towards the cost of the north creekside Class 1 trail connection and
connect it downstream to the end of the existing north creekside Class I trail in Uvas Creek Park
Preserve. (See the Class I trail connection plans and conditions called out on Sheet 13 of the
NS96-17 plan set)
Replacing partial mitigation measures LU-3 and V A-2, the following measure as partial
mitigation and the accompanying mitigation/measuring program is adopted:
Public Path. Agreement between the Developer and the City. The
Developer shall pay the costs of Master Planning and constructing
the Class I trail segment according to the City's specifications from
the western terminus of the Uvas Creek Trail to Santa Teresa
Boulevard, in lieu of providing a 35 foot Uvas Creek Trail
easement with two access points along the Eagle Ridge frontage.
The amount and form of payment shall be determined by the City
Engineer.
The Developer has agreed to Master Plan to the City's
specifications both the future south and north creekside Class 1 trail
connections that will be needed at Santa Teresa Boulevard. The
Developer has agreed to pay the costs of the future north side Class
I trail connection including the Santa Teresa Boulevard connection
which will be connected to the existing Class 1 trail that terminates
at Laurel Drive and Uvas Park Drive. The north side trail
connection will be constructed by the City of Gilroy as part of the
City of Gilroy's Uvas Creek Park Preserve - Phase II project The
south side Class I trail connection will be a future City
improvement
The City of Gilroy will assume responsibility for easement and/or
acquisition of property for the Class I trail connection.
Mitigation/monitoring program: The above mitIgation is a
condition of TM96-05. The Gilroy City Engineer will require
compliance prior to final map approval.
In partial mitigation for unavoidable significant effects on land use, the City Council also adopted
the following:
LU-2 (in relevant part) ... the City will require that a maintenance
district, land trust, endowment, or some other type of district be
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established to ensure maintenance of the hillside open space areas
on the project site, as a condition of project approval
The City has now determined that in order to control open space dedicated to the public,
it will maintain or designate another agency to maintain the public open space. In partial
mitigation, the following mitigation measures and mitigation/monitoring plan are adopted:
Prior to City acceptance of the public open space, the applicant
shall work with the City to help resolve the issues of operation and
maintenance of the public open space, including the possible need
for funding and related options which may include, but are not
limited to: a maintenance district, land trust, endowment or some
other type of district acceptable to the City.
The Developer shall establish a 30-foot wide fire easement on all
"B" lots that back up to a hillside. Easements shall provide physical
accessibility for fire fighting equipment such as trucks and crawler-
type tractors. Provisions shall be made in the CC&Rs to install and
maintain appropriate landscaping for fire zones and shall include
permanent irrigation by the Homeowners Association. Such
improvements shall be subject to review and approval by the Fire
Marshal.
Mitigation/monitoring program: These measures are conditions of
approval of TM96-05. The City Engineer shall approve prior to
approval of final map the disposition of maintenance of the public
open space and the Fire Marshal shall review and approve the plans
for fire fighting improvements prior to approval offinal map.
II. Potential Significant Effects on Water Oualitv (WT-1. WT-5 and WT-6)
In Res. 92-79, the City Council found that potential significant effects on groundwater
contamination could likely result from the processing of sewage on-site in the Satellite
Wastewater Reclamation Facility. In mitigation of impacts, the City Council adopted the
following mitigation measures:
WT-l The project will design and operate the wastewater
treatment facility in a manner that guarantees production of high
quality effluent that conforms to Title 22 of the California
Administrative Code. Conformance with Title 22 will, thereby,
ensure compliance with Order No. 85-82 which prohibits nitrate
impacts on groundwater.
WT-5 The SWRF has been designed to withstand natural disasters.
The project would not be impacted by seismic events, since no
faults, active or otherwise, are known to traverse the SWRF site.
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WT -6 The project will mitigate potential flooding impacts by
constructing a levee to the northeast of the reclamation plant to an
elevation of 219 feet. This levee will adequately protect the SWRF
from the 100 year flood.
At the time that the Subsequent Final Environmental Impact Statement for the O'Connell
Ranch was prepared, the capacity of the Gilroy-Morgan Hill Wastewater Treatment Plant was
either being used or committed, which necessitated the need for the SWRF. Subsequently, a new
wastewater plant was constructed and capacity has been made available. The project will now
hook up to municipal sewage service. This change precludes the need for the SWRF, and
eliminates the impacts that would have been caused by that component of the project. Therefore,
the aforementioned mitigation measures are no longer required by the City.
The City finds that the use of an Addendum is appropriate because only a few minor
changes in mitigation measures are necessary and the conditions calling for a subsequent EIR
pursuant to CEQA Guideline 15162 do not exist in that there are no new significant effects or
substantial increases in the severity of previously identified significant effects or changed
circumstances or major changes in the project or mitigation measures which impact the
environment. In fact, the changes lessen or eliminate the potential for adverse environmental
impacts. For example, the change to the project from an on-site package sewage treatment plant
to connection with the new wastewater treatment plant eliminates several adverse, environmental
impacts of the project, including the risk of nitrates leaching into the groundwater, the risk of
contamination to Uvas Creek in the event of a cataclysmic disaster to the SWRF, and any risk of
flooding the SWRF in the event of a 100 year flood. Therefore, in light of the whole record and
on the basis of all of the evidence before it, the City Council expressly finds that while the
foregoing changes or additions are necessary, none of the conditions described in CEQA
Guideline 15162 calling for preparation of a subsequent ErR have occurred.
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ExhibR "C", Page 1 of 2
EXHIBIT "C"
CONDITIONS OF APPROVAL
FOR A1S 96-05
EAGLE RIDGE PROJECf
1. MITIGATION MEASURES as revised from the project Environmental Impact Report
(ElR), shall be applied to the PUD approval.
2. For each approved build-out year (1997 through 2005), the developer will be allowed to
receive building permits, for individual homes, in number corresponding directly to the
amount granted to the project by the City Council under the 1992/1994 RDO allocations
(RD 92-03 and RD 94-01).
3. The construction of individual homes shall comply with the provisions of Zoning
Ordinance Section 5.50, entitled "Site Design Requirements", pertaining to proposed
individual dwelling unit designs, subject to the review and approval by the Community
Development Department.
4. Landscaping plans shall include golf course and landscaping maintained by the future
homeowners association. Landscaping plans including specifications for an irrigation
system shall be approved by the Planning Division in accordance with the adopted
Consolidated Landscaping Policy, prior to issuance of a building permit. The landscaping
shall be continuously maintained in an orderly, live, healthy, and relatively weed-free
condition, in accordance with the adopted Consolidated Landscaping Policy and the
approved specific landscape plan.
5. The development of all single family lots designated as "estate" on submitted PUD design
plans shall be subject to the Architectural & Site Review approval by staff, and shall be
consistent with the Ciy's Hillside Development Guidelines and Zoning Ordinance.
6. The development of the proposed golf course club house and associated improvements
shall be subject to the Architectural & Site Review approval by staff, and shall be
consistent with the Ciy's Zoning Ordinance.
7. Potential development improvements, involving private open space lands, for potential
access to the Santa Clara County Trails Master Plan, as part of the Bay Area Ridge Trail
system, shall be reviewed by the Planning Commission, Parks & Recreation Commission,
and the City CounciL The Reservoir Canyon access location shall be considered first
priority.
CONDITIONS OF APPROVAL
EAGLE RIDGE - AlS 96-17
EXHIBIT C - PAGE 1 OF 2
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Exhibit "C", Page 2 of 2
8. Specific language shall be incorporated within the project CC&R's to strictly regulate the
construction of replacement fencing along Santa Teresa Boulevard and requiring adequate
landscape screening of year yards, In addition, all fence replacement shall be maintained
by the project homeowner's association,
9. The applicant shall replace all trees removed from the site using a minimum replacement
ratio of 3: 1, with a minimum tree size of 15 gallons, subject to the review and approval by
the Community Development Department.
10, The final golf course design (to include grading) and specific location for all improvements
shall be subject to the review and approval by the Community Development Department.
11. All water (potable, recycled, or other) features, ponds, and holding facilities, and their
specific location, shall be subject to the review and approval by the Community
Development Department.
12, All security gate locations, features, and landscaping (both occupied and un-occupied),
shall be subject to the review and approval by the Community Development Department.
13, All homeowner's association facilities (both occupied and un-occupied), shall be subject
to the review and approval by the Community Development Department.
14, House elevation and designs used for the serpentine knoll, shall be subject to the review
and approval by the Community Development Department.
CONDITIONS OF APPROVAL
EAGLE RIDGE -A1S 96-17
EXHIBIT C - PAGE 2 OF 2
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 96-57
is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the
3rd
day of
September, 19~,
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this
5th
day of September
19 96.
(Seal)