Resolution 1997-03
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RESOLUTION NO. 97-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING A VESTING TENTAlVE MAP TM
96-07 TO CREATE 75 SINGLE FAMILY LOTS, A
PUBLICLY DEDICATED CREEK PRESERVE, AND TWO
REMAINDER PARCELS ON APPROXIMATELY 54.2 ACRES,
APNS 808-20-006, 011, AND 016, KAUFMAN &
BROAD, MONTEREY BAY INC., APPLICANT
WHEREAS,
Kaufman
&
Broad,
Monterey
Bay
Inc.
("Applicant"), submitted application TM 96-07 requesting approval
of a vesting tentative map to create 75 single family residential
lots, a publicly dedicated creek preserve and two remainder parcels
as part of "The Creeks" phase of the Thomas Road Development on
approximately 54.2 acres involving APNS 808-20-006, 011, and 016;
and
WHEREAS, the property affected by TM 96-07 is located
along the west side of Thomas Road, north of Babbs Canyon Creek as
shown on Exhibit A which is attached hereto and incorporated herein
by this reference; and
WHEREAS, an initial study was prepared for the proj ect
that was reviewed by City staff, the Planning Commission and the
City Council in January 1996 and that reflects the independent
judgment of the City; and
WHEREAS,
the
Initial
Study identified potentially
significant effects on the environment but the Applicant has agreed
to specific revisions in the project and/or individual mitigation
measures will be applied to the project which avoid or mitigate the
effects to a point where no significant effects will occur; and
WHEREAS, there being no substantial evidence that the
proposed project, as revised, may have a significant effect on the
environment, a Negative Declaration was prepared for the project
and issued by the City Council under Z 95-09 on April 20, 1996; and
WHERAS, the Planning Commission held a duly noticed
public hearing on December 5, 1996, and after the hearing voted to
recommend approval of TM 96-07 subject to 20 conditions set forth
\RPJ\328001.01
61-122304706002
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RESOLUTION NO. 97-3
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in the Staff Report attached hereto as Exhibit B and incorporated
herein by this reference; and
WHEREAS, the city Council held a duly noticed public
hearing on December 16, 1996, after which public hearing the City
Council considered the project and the conditions proposed in
conjunction with its approval attached hereto as Exhibit B, public
testimony, and other documentation and evidence in regard to the
project; and
WHEREAS, the location and custodian of the documents or
other material which constitute the record of the proceedings upon
which this resolution is based is the office of the City Clerk;
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council finds as follows:
1. The project is consistent with the Gilroy General
Plan because it conforms to the land use designation
for the property on the General Plan Map, and it is
consistent with the intent of the text, goals, and
policies of the General Plan documents.
2. None of the reasons for denial of a tentative
subdi vision map pursuant to Government Code section
66474 exist in relation to this map.
3. The Initial Study identified potentially significant
effects on the environment, however the Applicant has
agreed to specific revisions in the project and/or
mi tigation measures will be applied which avoid or
mi tigate the effects to a point where no significant
effects will occur.
There is no substantial evidence
that the proposed project may have a significant
effect on the environment.
B. TM 96-07 should be and hereby is approved, subj ect to
the twenty (20) conditions contained in the staff report dated
November 22, 1996, that is attached hereto as Exhibit B.
\RPJ\328oo1.01
61-122304706002
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PASSED AND ADOPTED this 6th day of January, 1997, by the
following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON,
SPRINGER, VALDEZ, GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
\RPJ\328001.01
61-122304706002
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Creeks Project Site
Vineyards Project Site
(Z93-02 and TM93-03)
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No Scale
Creeks at Thomas Road
EXHIBIT "A"
Project Site
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CommunIty Development Department
Planning Division
Staff Report EXHIBIT "B"
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mE NUMBER:
APPLICANT:
LOCATION:
STAFF:
~ovember22, 1996
TM 96-07, a Vesting Tentative Map
Kaufinan & Broad, Monterey Bay Inc.
West side of Thomas Road, north of Babbs Canyon Creek
William Faus
REOIJESTED ACTION:
The applicant is requesting Tentative Map approval for "The Creeks" phase of the Thomas Road
Development. If approved, this tentative map request will allow the subdivision of a 54.2:1: acre site
into 75 single family lots, a publicly dedicated creek preserve, and two remainder parcels.
DESCRIPTION OF PROJECT:
Parcel No:
Parcel Size:
Flood Zone:
808-20-006, 011, and 016
approximately 54.2 acres
"D", panel 060340000 3D, dated 09/04/87
{with a revised 04/18/91 LOMAR}
STATUS OF PROPERTY:
Existing Land Use
Agricultural Uses
General Plan Designation
Residential LowlMed. Density
Zoning
RlI R3 PUD
STATUS OF SURROUNDING PROPERTY:
North:
East:
South:
West:
Existing Land Use
Agricultural, SF Res.
Agricultural
Babbs Creek Park
Agricultural
General Plan Designation
Residential Low Density
. Residential Low Density
Residential Low Density
Residential Low Density
Zoning
Al
County
RI-PUD
Al
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TM 96-07
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11/22/96
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CONFORMANCE OF REOUEST WITH GENERAL PLAN:
The proposed Tentative Map conforms to the land use designation for the property on the General
Plan map, and is consistent with the intent of the text of the General Plan document. This project also
conforms with the policies of Gilroy's General Plan. The following examples demonstrate this
compliance:
Urban Development and Community Design
POLICY 3:
Urban Development will only occur within the incorporated portion of the Planning Area. Land will
therefore be annexed to the City before final development approval is given.
POLICY 4:
The City will phase development in an orderly, contiguous manner in order to maintain a compact
development pattern to avoid premature investment for the extension of public facilities and services.
New urban development will occur in areas where municipal services are available and capacity
exists prior to the approval of development in areas which would require major new facility
expansion.
Residential Environment
POLICY 1:
The City will continue to work towards the goals of a balanced community with a variety of housing
types and prices, sufficient job opportunities, and an efficient and adequate provision of City services.
Urban Growth and Development
POLICY 11:
Clustered development will be encouraged as a means of obtaining variety of design and a sense of
openness.
ENVIRONMENTAL IMPACfS:
An expanded Initial Study was prepared for the proposed project, which was previously submitted
to both the Planning Commission and City Council in January 1996. The study was independently
reviewed by city staffand reflects the independent judgement of the City ofGiIroy. The Initial Study
identified potentially significant effects on the environment, however, the applicant has agreed to
specific revisions in the project and/or individual mitigation measures will be applied to the project
which avoid or mitigate the effects to a point where no significant effects will occur. There is no
substantial evidence that the proposed project, as revised, may have a significant effect on the
environment. Therefore, a Negative Declaration was prepared and issued under Z 95-09, by the City
Council on 4/20/96.
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TM 96-07
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11/22/96
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RELA TED APPLICA nONS:
A1S 96-21 (PUD): .. This application accompanies the subject Tentative Map request
If approved, this Planned Unit Development will allow the "The Creeks" phase of the Thomas Road
project to be constructed on 4I;t acres. The project will involve 75 single family homes on individual
lots, transfer of density within the project boundary, and the completion of the north side of the Babbs
Canyon Creek linear park adjacent to the project site.
Z 95-09:
A prior approved zone change request that amended the City of Gilroy's Zoning Map from Al
(Agriculture) to RI-PUD (Single Family Residential- Planned Unit Development), and combined this
property with existing RI-PUD and RJ-PUD property, in order to create a consolidated PUD (planned
Unit Development) combining district. This request was recommended for approved by the Planning
Commission on 4/4/96, and approved by the City Council on 4/20/96.
A/S 94-22 (PUD): IS' involving property south of the subject Tentative Map request
Planned Unit Development approval for Architectural & Site review,involving Phase I of "The
Vmeyards@ Thomas Road", on IS:: acres ofa larger 39:1: acre RI-PUD site. The PUD approval for
the construction of 43 single family homes on individual lots and creation of a publicly dedicated
creek preserve (Babbs Canyon Creek). This phase was recommended for approval by the Planning
Commission on 10/06/94, and approved by the City Council on 10/17/94.
RDO BACKGROUND:
The subject Tentative Map, involving The Creeks, represents a part of the larger Thomas Road
Development, which has four distinct sections:
# 1. The Vineyards
#2. The Creeks
#3. The Villas
#4. The Uplands
Total Development:
106 single family dwellings
87 single family dwellings
67 multi-family dwellings
107 single family dwellings
367 dwelling units
(south side of Babbs Creek)
(north side of Babbs Creek)
~orthwestofBabbsCree~
(north offuture Luchessa)
To date, the applicant has received the following RDO allotments for the project:
RD 82-03
RD 92-21
RD 94-05
Total RDO:
42 single family dwellings
141 single family dwellings
71 SF + 54 multi-family units
308 dwelling units
(42 build-out under TM 93-03)
(64 under construction, TM 94-05)
The Thomas Road Development needs 59 additional RDO allocations in order to complete its
buildout. The City is currently processing a 1996 RDO request under RD 96-08 "VillasIUplands",
for these units.
TM 96-07
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11/22/96
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Under RD 94-05, the applicant was allocated 54 multi-family units, described within their submittal
package as "rental" and "duet" units. These units were scheduled for construction in their last phase
of development. The applicant's 1996 ROO application, RD 96-08, delineates these multi-family
dwellings under the "Villas" section, with three potential medium-density development schemes
["z"lots, carnage lots, and clustered lots]. The Villas section represents the small single family lots
delineated on the applicant's current TM and PUD site plan as "designated remainder". The applicant
intends to come before the Planning Commission and City Council [as required under Zoning
Ordinance section 50.66, part i] to propose that the new development scheme is substantially
consistent, in terms of residential density and product type, to the original. multi-family allocation.
ANALYSIS OF REOUEST:
The applicant, Kaufinan & Broad, is requesting Vesting Tentative Map approval for Phase I of "The
Creeks" within the Thomas Road Development project. If approved, this tentative map request will
allow the subdivision of a 54.&1: acre site into 75 single family 6,000:1: square foot lots, the expansion
of a publicly dedicated Creek preserve, and two remainder parcels (one of which the applicant would
like to potentially accommodate 13 standard size single family lots and 67 small size single family
lots).
The property is located on the west side of Thomas Road and borders the Babbs Canyon Creek on
the north side. The extension of Thomas Road (future Luchessa Avenue) to the west will border the
project site along its northerly property line. Primary access to Phase I will be provided from Thomas
Road adjacent to the project side, with secondary emergency access connected to Luchessa Avenue,
at the northwest comer of the project site. No direct access to future Luchessa Avenue will be
developed for this phase.
The proposed tentative map with the requested 75 single family 6,000:1: square foot lots is consistent
with the City's General Plan land use map which designates the site as RESIDENTIAL LOW and
MEDIUM DENSITY. A maximum build-out density not to exceed 7Y4 dwelling units per net acre
is allowed under the Rl base zoning, and a maximum of 16 dwelling units per net acre is allowed
under the R3 base zoning.
The existing PUD combining district, which brings the Rl and R3 zoning designations together,
allows the buildout density to be transferred across the entire site. As proposed under accompanying
PUD NS 96-21, the site design exhibits an overall density at about 6.4:!: dwelling units per acre,
(approximately 9. I:!: units per acre for the future small lot section, and approximately 5.3:!: units per
acre for the standard lot section). The PUD combining district allows the averaging oflot sizes in
order to permit lots less than the minimum 6,000 square feet.
The Babbs Canyon Creek project was initiated under tentative map approval TM 93-03 and Planned
Unit Development NS 94-22. The master plan for the project was created under the PUD and
included both the north and south sides of the creek involving several parcels of land. The current
tentative map request represents the north half of the Babbs Canyon Creek project, which is consistent
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with the master plans reviewed by the Planning COnunIssion and approved by the City Council.
As submitted, the proposed Vesting Tentative Map is substantially consistent with the City's General
Plan land use map which designates the site as Residential Low and Medium Density, substantially
consistent with prior City Council Residential Development Ordinance buildout allocation,
substantiany consistent with the State of California Map Act, substantially consistent with the City
of Gilroy Subdivisions and Land Development code, substantially consistent with the City's Zoning
Ordinance, and substantially consistent with applicable development policies.
STAFF RECOMMENDATIONS:
Staff recommends that the Planning Commission forward a recommendation to the City Council
to approve this Vesting Tentative Map request for the following reasons:
A The proposed Vesting Tentative Map conforms to the land use designation for the property
on the General Plan map and is consistent with the intent of the text of the General Plan
document;
B. Public utilities and infrastructure improvements needed in order to serve the proposed
development are in close proximity along Thomas Road;
C. There win be no significant environmental impacts as a result of this Vesting Tentative Map
due to the required mitigation measures to be applied at the development stage; and
D. As submitted, the proposed Vesting Tentative Map is consistent with the State of California
MAP ACT and the City of Gilroy SUBDMSIONS AND LAND DEVELOPMENT code.
In addition. StafT recommends the followin~ conditions be placed on the ~rantin~ of this request:
I. MITIGATION MEASURES #1 throuJh #30, contained within the Negative Declaration dated
4/20/96 for Z 95-09 involving the subject project (attacbecl), shall be applied to the approval of this
Vesting Tentative Map in order to reduce and/or eliminate all potential significant impacts to a level
of insignificance, as required under the California Environmental Quality Act (CEQA).
2. All dwellings positioned adjacent to Thomas Road and/or the future extension ofLuchessa Avenue
shall be designed to control interior noise levels in habitable rooms, from exterior sources, with tested
assemblies. having STC ofnC ratings of 45 db or more (UBC Appendix Section 5401(h), subject to
the review and approval by the Building Life and Environmental Safety Division (BLES).
3. An all-weather access road, not less than twenty (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, subject to the review and approval by the
Building Life and Environmental Safety Division (BLES).
TM 96-07
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11/22/96
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4. Dead-end access roads, in excess of one hundred fifty (150) feet in length, shall provide adequate
turling capacity for Fire Department apparatus, and turning radii shall not be less than thirty-nine (39)
feet, subject to the review and approval by the Building Life and Environmental Safety Division
(BLES).
5. The developer shall provide adequate dual access for each phase of development to meet the approval
of the Community Development Department.
6. Fire hydrant locations, looping, and water main sizing shall be subject to the review and approval by
the Building Life and Environmental Safety Division (BLES), in addition to the following:
a. Materials used for off-site installations shall be per City of Gilroy Standard Details. This
includes pipe, valves, hydrants, back-flow prevention devices, concrete, trench back-fill, etc.;
b. Pipes which serve on-site fire service systems are subject to the specifications of the Building
Life and Environmental Safety Division (BLES), once they depart from the City main. Any
on-site or fire service system must have a City standard valve intervening; and
c. Inspection of on-site fire service systems will be the responsibility of the Building Life and
Environmental Safety Division (BLES). .
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. AIl utilities to, through, and on the site shall be installed underground in accordance with Section
21.120, subject to the review and approval by the Engineering Division.
9. The developer shall submit a soils report for the project. AIl grading operations and soil compaction
activities shall meet the approval of the City Engineer. Grading plans shall show grades of all
adjacent properties, subject to the review and approval by the Engineering Division.
10. AIl lots shall drain to the street for stonn drainage, subject to the review and approval by the
Engineering Division.
11. All proposed retaining waIls must be constructed of pennanent materials such as concrete or masonry,
subject to the review and approval by the Community Development Department. Wood will not be
permitted.
12. Show location of all existing wells. AIl existing water wells shall be sealed to meet the approval of
the City Engineer and the Santa Clara Valley Water District (SCVWD).
13. The design, texture, and color for the proposed sound walls along Thomas Road and the future
extension of Luchessa Avenue shall be subject to the review and approval by the Engineering
Division.
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TM 96-07
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11/22/96
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14. The developer shall provide water and electric utility service to the landscaping along Thomas Road
and the future extension ofLuchessa Avenue, subject to the review and approval by the Community
Services and Community Development Departments.
15. Soundwalllandscaping along Thomas Road and the future extension of Luchessa Avenue shall be
subject to the review and approval by the Community Services and Community Development
Departments.
16. All soundwalllocations shall meet the City of Gilroy's sight distance formula on all streets and
intersections, subject to the review and approval by the Community Development Department.
17. Proposed street improvements, involving the east half of Thomas Road located within the County of
Santa Clara, shall be subject to the review and approval by the Engineering Division and the County
of Santa Clara Roads and Airports Department.
18. The developer shall provide complete pedestrian access consistent with the Americans with
Disabilities Act (ADA) requirements, which shall include a wheelchair curb ramp at the intersection
of Thomas road and future Luchessa avenue, subject to the review and approval by the Community
Development Department.
19. Unless this project is exempt from the application of the City's Residential Development Ordinance
("ROO", City Zoning Ordinance Sections 50.60 et seq.), no building permit shall be issued in
connection with this project if the owner or developer of such development: (1) is not in compliance
with the ROO, any conditions of approval issued in connection with such development or other City
requirements applicable to such development; or (2) is in default under any agreement entered into
with the City in connection with such development pursuant to the ROO.
20. The subdivider shall defend, indemnify, and hold harmless the City, its City Council, Planning
Commission, agents, officers, and employees from any claim, action, or proceeding against the City
or its City Council, Planning Commission, agents, officers, or employees to attack, set aside, void,
or annul an approval of the City, City Council, Planning Commission, or other board, advisory
agency, or legislative body concerning this subdivision. City will promptly notify the subdivider of
any claim, action, or proceeding against it, and will cooperate fully in the defense. This condition is
imposed pursuant to California Government Code section 66474.9.
attachments
C:lWPWIN6O\PLANNlNGI'IloIIREPOIl'I\ClEEJCS75.TM
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1M 96-07
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12-5-96
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Page 8
1215/96
At their meeting of December 5, 1996, the Planning Commission, by a vote of
6-0-0 recommended approval ofTM 96-07 with 20 conditions as set forth in the staff
report.
AYES: ARELLANO, BLANKLEY, COLLIER, LA!, PINHEIRO, PUENTE
NAYES: NONE
ABSENT: NONE
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Creeks Project Site
Vineyards Project Site
(Z93-02 and TM93-03)
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Creeks at Thomas Road
EXHIBIT "A"
Project Site
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DECLARATION
City of Gilroy
7351 Rosanna. St.
Gilroy, CA 95020
(408) 848-0440
CITY FILl: RUMBERS: Z 95-09
PROJECT DESCRIPTIOR:
Rame of Project: The Creeks at Thomas Road
Bature of Project: Proposed request to rezone 38: acres from AI, Rl, and RJ
(Agriculture, single Family Residential, and Medium,Density Residential) to
R1-PUD and R3-PUD (Single Family Residential \ planned Unit Development, and
Medium Density Residential \ Planned Unit Development); and the proposed
development that includes 136 single family and 80 multi-family dwellings.
PROJECT LOCM.'IOR:
Location: West side of Thomas Road, north of Babbs canyon Creek.
Assessor's Parcel Humbers: 808-20-006, '011, 016.
Entitv or Persontsl Undertakinq proiect:
Hame: Thomas Road Properties, Ltd.
Address: 7888 Wren Avenue, Suite 0-143, Gilroy, CA 95020
IHITIAL S'1'UI)Y:
An Expanded Initial Study for this project was undertaken and prepared for
the purpose of ascertaining whether the 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, California.
FIHDIHGS & REASORS:
The Initial study identified potentially significant effects on the
environment. Bowever, the applicant has agreed to specific-revisions in the
project and/or the project has been revised. See the following list of
MITIGA7IOR MEASURES, which avoid or mitigate potential effects to a point
where no significant effects will occur. There is no substantial evidence
that the project, as revised, may have a significant effect on the
environment. The following reasons will support these findings:
A. The proposed rezoning from AI, R1, and R3 (Agriculture, Single Family
Residential, and Medium Density ReSidential) to RI-PUD and RJ-PUD (Single
Family Residential \ Planned Unit Development, and Medium Density
Residential \ planned Unit Development) is consistent with the 'city's
General Plan land use map;
B. The proposed project is substantially consistent with the adopted goals
and policies of the City's General Plan document;
C. The granting of this request will not adversely affe~t or impact adjacent
parcels of land or developed agricultural and residential properties in
the vicinity; and
D. All potential significant effects can be mitigated to reduce them to an
insignificant level of impact.
Z 95-09 NEGATIVE 1 :LAllATION
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Page 1 ofa
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MITIGA TlON$
Land Use and Planning
Not applicable
Geology
1. The project shall be designed in accordance with earthquake design regula-
tions of the Uniform Building Code, subject to review and approval by the city
Building Division.
2. A soils investigation shall be prepared for the project by a qualified soils engi-
neer. The recommendations of the soils investigation shall be incorporated
into the final improvement plans and shall be reviewed and approved by the
city Engineering Division prior to approval of the final map. The purposes of
the soils investigation are to determine the exact soil characteristics and limi-
tations on the site, and to recommend appropriate engineering specifications
for development of the site.
Water
3. The design and construction of all storm drainage improvements serving. the
project site shall be provided by the developer, subject to review and approval
by the city's Engineering Division. 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.
,;
Z!I5-O!l NEG. x:LARAnON. Page3of8
4. Developers shall pay the appropriate storm drain development fees, subject
to review by the city Engineering Division Works prior to issuance of a build-
ing permit.
5. The developer shall apply for and obtain a General Permit for Storm Water
Discharges Associated with Construction Activity by submitting a completed
Notice of Intent form and appropriate payment to the State Water Resources
Control Board prior to the issuance of a building permit. Further, the devel-
oper shall be required to comply with the terms of this permit during and after
construction of the project. These terms include, but are not limited to, the
following:
The use of water quality controls (Le. Best Management Practices) both dur-
ing and after construction, for example:
· Design project to focus on minimizing directly connected impervious
surfaces to provide for slowing of storm water flows and increasing
recharge potential;
· Stabilizing denuded areas prior to the wet season (October 1 through
May 1);
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· Limiting construction access routes and stabilizing access points;
· Protecting adjacent properties with sediment barriers, dikes, or mulching;
· Using proper construction material and construction waste storage,
handling, and disposal practices;
· Protecting outdoor storage materials from drainage with berms and roof
covers;
· Using appropriate landscape controls (irrigation and application of fertil-
izers, herbicid.es, and pesticides); and
· Installing structural storm water treatment controls such as wet ponds,
swales, vegetated filter strips, extended detention basins, and sand
filters.
6. The developer shall construct finished floor elevations at least one foot above
the 1 Oo-year flood elevation as delineated on the Flood Plain Study for Thomas
Road Property, included as Appendix C of the Vineyards at Thomas Road Expanded
Initial Study.
Air Quality
7. Developers shall not grade more than three acres per day. This mitigation
shall be implemented throughout project development and shall be included in
construction specifications to be submitted to the city Engineering Division for
review and approval.
Z 9S-09
8.
NEGATIVE. .CLARAnON
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Developers shall water all exposed ground surfaces at the end of each day
and shall water at least once during the work day. This mitigation shall be
implemented throughout project development and shall be included in con-
struction specifications to be submitted to the city Engineering Division for
review and approval.
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Page 4 of8
{i.
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Transportation/Circulation
9. The developer shall pay the appropriate traffic impact fee, subject to the
approval of the city Engineering Division prior to the issuance of a building
permit.
10. The developer shall installleft-tum channelization on northbound Old Thomas
Road and the westbound Thomas Road Extension at the project accesses.
These should have a minimum of 50 feet of left turn storage. To accommo-
date for deceleration, the left tum lanes are recommended to be 150 feet long
with 90 foot bay tapers. This mitigation is subject to the review and approval
by the city Engineering Division and shall be implemented prior to the
issuance of a building permit.
11. The developer shall install all infrastructure frontage improvements. The land
configuration shall be per the Luchessa Avenue (Thomas Road) Conceptual
Plan Traffic Study prepared Keith B. Higgins and Associates.
Biological Resources
12. The developer shall prepare a detailed arborist report of the site to determine
what measures are necessary to protect the existing trees, especially valley
oaks, during project construction, and landscaping. The arborist report is sub-
ject to review and approval by the city Planning Division, prior to issuance of a
building permit.
Of special concern are the following areas:
· Protection of the oak trees in the vicinity of proposed storm water outlets.
· Removal of trees as a result of widening Thomas Road.
Because it may not be feasible to protect all of the oak trees, any oak trees
(six inches or more in diameter measured at four and one-half feet above the
ground) which are removed or destrpyed shall be replaced a ratio recom-
mended by the arborist.
13. The project proponent shall re-design the proposed project to incorporate a
minimum 50-foot buffer measured outward from. the riparian canopy drip-line
or top-of-bank on each side of the creek, as applicable (e.g., where no trees
are present along the creek, measure outward from the top-of-bank). The
buffer zone shall be delineated in the field prior to the start of construction.
~
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Z 95-09 NEGATIVE ;CLARAll0N
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No development, staging of equipment or materials, placement of spoils, veg-
etation removal, or use of off-road vehicles or mountain bikes shall be allowed
in the buffer zone. The minimum width of the buffer may be modified by the
Department of Fish and Game. The project redesign shall be subject to
review by "the California Department of Fish and Game prior to approval of a
tentative map by the city's Planning Division.
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Page S of8
~'
14. The project proponent shall include the following items in the final improve-
ment plans:
· Revegetate the banks of Babbs Canyon Creek with valley oak or west-
ern sycamore such that a continuous riparian canopy is eventually
established. A revegetation plan and monitoring program shall be
developed and implemented by a qualified native habitat restoration
specialist. .
· Construction of a low-stature fence, similar the existing wire fence along
Uvas Park Drive, along the outward edge of the riparian habitat to dis-
courage unauthorized trespass into the corridor. This measure is
intended to minimize the adverse effects of adjacent loss of foraging
habitat and disturbances to wildlife from the presence of people and
dogs in the corridor.
· Establish signs along the pedestrian trail that discourage unautho rized
trespass and prohibit unleashed dogs from entering into the corridor.
· Prohibit the use of private motorized vehicles on the pedestrian trail.
· Lighting along the pedestrian trail shall be low in stature, with lights
directed onto the pathway. Lighting along the street shall incorporate the
use of opaque shields to minimize lighting towards the riparian corridor.
The opaque shields shall meet the concerns of public safety. Lighting
that directly illuminates the riparian corridor shall not be established.
This measure is intended to reduce the adverse effects of night lighting
on nocturnal wildlife using the creek as a movement corridor.
These items shall be incorporated into the final improvement plans, subject to
review and approval by the city's Planning Division and Parks Division, and
the California Department of Fish and Game prior to issuance of a building
permit.
15. Literature regarding the value of riparian corridors and which encourages the
protection of the botanical and wildlife resources of Babbs Canyon Creek
shall be distributed by the project proponent with the sale of each new home
at the project site. This mitigation is intended to educate future residents of
the proposed project of the value of the riparian corridor.
16. The design of all storm drainage improvements serving the project site shall
be provided by the developer, subject to review and approval by the city's
Z 95-09
!.
l'
Noise
NEGATIVE. CLARAnON
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Engineering Division and the Califomia Department of Fish and Game prior to
issuance of a building permit. The design shall:
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Page 6 or8
a. Ensure that existing flow levels are maintained through the portion of
Babbs Canyon Creek downstream of Thomas Road, while diverting
increased flows generated by the proposed project into the storm drain
system leading to Uvas Creek.
b. Include best management practices to reduce post-construction pollu-
tion. These practices shall be consistent with local policies and the rec-
ommendations of the Regional Water Quality Control Board. Examples
of best management practices include:
· Installation of structural storm water treatment controls (Le. con-
veyance swales, vegetated filter strips and/or sand filters);
· Maintenance of storm water controls for the life of the system at a
frequency that would insure high longevity and efficiency of the sys-
tem;
· Annual (Fall) storm drain cleaning;
· Incorporation of a street cleaning program;
· Appropriate handling, storage, and disposal of hazardous household
materials; and
· Appropriate use of landscape irrigation and application of fertilizers,
herbicides and pesticides.
If mitigation measure 15a is not feasible, and the storm drain improvements
will divert the entire stream flow, then the project proponent shall enhance the
riparian habitat values of the on-site corridor through revegetation of the creek
with valley oaks and sycamore to create a continuous canopy. The number of
oak trees established along the corridor shall equal the number of oak trees
potentially adversely affected by the stream flow diversion. A revegetation
plan and monitoring program shall be developed and implemented by a quali-
fied native habitat restoration specialist and approved by the California
Department of Fish and Game prior to issuance of a building permit.
In addition, a Streambed Alteration Agreement may be necessary from the
California Department of Fish and Game for water diversion through installa-
tion of the storm drain outlet and rock apron on Babbs Canyon Creek.
17. The developer shall have a noise analysis prepared for properties which are
contiguous to a designated city General Plan "Collector" or "Thoroughfare"
prior to approval of a final map. The analysis shall be used to determine the
f.
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Z 95-09 NEGATIVE .CLARAnON
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need for noise attenuation
considerations.
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Page 7 o~8
structures or special building design
18. Noise-generating construction activities shall be restricted to the hours of 7:00
A.M. to 8:00 P.M., Monday through Friday, and 9:00 A.M. to 8:00 P.M. on
weekends and holidays. Construction equipment shall be properly muffled
and maintained. The contractor work specifications for. all construction
activities shall reflect these measures, subject to the review and approval of
the city Building Division, prior to issuance of a building permit.
Public Services
19. Prior to development of the site, the developer shall pay required city Public
Safety impact fees.
20. Prior to development of the site, the developer shall pay required city Public
Safety impact fees.
21. Prior to development of the site, the developer shall pay required city Parks
and Recreation impact fees.
22. The developer shall dedicate the creek, its riparian area and a pedestrian trail
as a city park and recreational facility.
23. The city shall issue a 1 DO-foot wide easement over the creek to the Santa
Clara Valley Water District.
24. The creek and pedestrian path shall be maintained through implementation of
a Lighting and Landscape District charging appropriate homeowners. Lighting
and landscaping along the project frontage at Thomas Road shall also be
included in this district.
25. The developer shall redesign the proposed project whereby the internal road
will run parallel and adjacent to Babbs Canyon Creek Parkway. The redesign
shall be reviewed and approved by the city's Engineering and Planning
Divisions.
26. The applicant shall construct or cause to constru~ the pedestrian trail. The
design shall be review and approved by the Parks, Planning and Engineering
Divisions
Utilities and Service Systems
27. The design of all water infrastructure improvements serving the project site
shall be provided by the developer, subject to the review and approval by the
city's Engineering Division. .
28. Developers shall install or cause to install through payment of a fee to the city,
an additional water line in Thomas Road to accommodate the proposed
Ii.
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Z95-09 NEGATIVE. CLARAnON
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development. This plans for installation and the installation shall be subject to
review by the city Engineering Division prior to the issuance of a building
permit.
Pagelofa
29. The design of all sewer line improvements serving the project site shall be
provided by the developer, subject to the review and approval by the city
Engineering Division.
Cultural
30. If archaeological resources or human remains are discovered during con-
struction, work shall be halted within 50 meters (150 feet) of the find until it
can be evaluated by a qualified professional archaeologist. If the find is
determined to be sig nificant, appropriate mitigation measures shall be formu-
lated and implemented. This wording shall be incorporated into any permits
issued for construction of the proposed project.
Date Prepared: January 19, 1996
End of Review Period: February 15, 1996
Approved by City Council: ~-J.. 0- "6
.
.
I, SUSANNE E. STEINMETZ, city Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 97-3 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 January
, 19-2.1-,
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
19
7th
day of January
City Clerk of
(Seal)