Resolution 1997-05
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RESOLUTION NO. 97-5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING A/S 96-21, AN APPLICATION
FOR ARCHITECTURAL AND SITE APPROVAL OF A
PLANNED UNIT DEVELOPMENT (PUD) INVOLVING
APPROXIMATELY 41 ACRES, APNS 808-20-006, 011,
AND 016, ZONED R1/R3 PUD
WHEREAS,
Kaufman
&
Broad,
Monterey
Bay
Inc. ,
("Applicant") submitted A/S 96-21, an application for architectural
and site approval of a
planned unit development (PUD) for "The
Creeks at Thomas Road" development, 75 single family homes on
approximately 41 acres located on the west side of Thomas Road,
north of Babbs Canyon Creek as shown on the location map included
with the staff report dated November 22, 1996, attached hereto as
Exhibit "A" and incorporated herein by this reference; and
WHEREAS, there being no substantial evidence in light of
the whole record before the public agency that the proposed project
may have a significant effect on the environment, a Negative
Declaration was adopted by the City Council on April 20, 1996 in
accordance with the California Environmental Quality Act ("CEQA");
and
WHEREAS, the Planning Commission reviewed A/S 96-21 at
its duly noticed meeting on December 5, 1996, and recommended that
the City Council approve the project, subject to 13 conditions; and
WHEREAS, the City Council reviewed Application A/S 96-21
and all documents relating thereto and took oral and written
testimony at its duly noticed meeting on December 16, 1996.
NOW, THEREFORE, BE IT RESOLVED THAT:
SECTION I
The City Council hereby finds that A/S 96-21 complies
wi th the findings required to grant PUD architectural and site
approval pursuant to subsections (a) through (i) of the Gilroy
Zoning Ordinance, and that the facts as set forth more fully in the
record incorporated herein support said findings.
\RP J\32802601
61-122304706002
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RESOLUTION NO. 97-5
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SECTION II
The City Council hereby finds that:
1. This project is consistent with the Gilroy General Plan.
2. The City previously adopted a Negative Declaration which
included this property.
3. There are no offsi te or onsi te environmental effects of
this project which are not addressed in the Negative
Declaration.
4. There is no new information or substantial evidence that
the project may have a significant effect on the
environment.
SECTION III
A/S 96-21 should be and hereby is approved, subject to
the thirteen (13) conditions set forth in Exhibit "An.
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
d.
\RP J\328026. 0 1
61-122304706002
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Commllnity Development Department
Planning Division
Staff Report
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EXHIBIT "At!
November 22, 1996
FILE NUMBER:
A/S 96-21, a Planned Unit Development
APPLICA.l'IT:
Kaufman & Broad, Monterey Bay Inc.
LOCATION:
West side of Thomas Road, north of Babbs Canyon Creek
STAFF:
William F aus
REOUESTED ACTION:
The applicant is seeking Planned Unit Development approval for "The Creeks @ Thomas Road"
development on 41:t acres. The project will allow the construction of 75 single family homes on
individual lots, transfer of density, and the completion of the north side of the Babbs Canyon Creek linear
park adjacent to the project site.
DESCRIPTION OF PROJECT:
Parcel No:
Parcel Size:
Flood Zone:
808-20-006, 011, and 016
approximately 41 acres
"D", panel 060340000 3D, dated 09/04/87
{with a revised 04/18/91 LaMAR}
ST ATUS OF PROPERTY:
Existing Land Use
Agricultural Uses
General Plan Designation
Residential Low/Med. Density
Zoning
Rl/ 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-PlTD
Al
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A/S 96-21 (PUD)
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2.
11/22/96
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CONFORMANCE OF REQUEST WITH GENER-\L PLAN:
The proposed Planned Unit Development 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 DesiQIl
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 conti/me 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.
ENVIROi'/MENTAL IMPACTS:
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 staff and reflects the independent judgement of the City of Gilroy. 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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NS 96-21 (PUD)
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3
11/22/96
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RELA TED APPLICA nONS:
TM 96-07: Ia" This Tentalive Map accompanies the subject PUD request
Tentative Map for "The Creeks @ Thomas Road" development project. A tentative map request to
subdivide a 54.2=!: acre site into 75 single family lots, a publicly dedicated creek preserve (Babbs Canyon
Creek), and two remainder parcels, one of which will potentially accommodate in the future 13 standard
size single family lots and 67 small size single family lots.
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 Residenti81-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 4120/96.
A/S 94-22 (PUD): Ia" involving property immediately south of the subject PUD request
Planned Unit Development approval for Architectural & Site review, involving Phase I of "The Vineyards
@ Thomas Road", on 15= acres ofa larger 39= acre R1-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 PUD request ("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)
(northwest of Babbs Creek)
(north of future Luchessa)
To date, the applicant has received the following RDO allotments for the project:
RD 82-03
RD 92-21
RD 94-05
42 single family dwellings
141 single family dwellings
71 single family dwellings, and
54 Multi-family dwellings
308 dwelling units
(42 build-out under TM 93-03)
(64 under construction, TM 94-05)
Total RDO:
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 "Villas/Uplands", for these units.
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AlS 96-21 (PUD)
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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 RDO application, RD 96-08, delineates these multi-family dwellings
under the "Villas" section, with three potential medium-density development schemes ["z"lots, carriage
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 tenns of residential
density and product type, to the original multi-family allocation.
ANALYSIS OF REOUEST:
The applicant, Kaufinan & Broad, is requesting Planned Unit Development (PUD) approval for Phase I
of "The Creeks @ Thomas Road" project. This proposed PUD request will allow the applicant to develop
a 41:c acre RI/R3 PUD site with 75 single family homes on individual lots, transfer density within the
PUD boundary for future development, and the complete the north side of the Babbs Canyon Creek linear
park adjacent to the project site. A remainder parcel will potentially accommodate 13 standard size single
family lots and 67 small single family lots.
The site 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
corner of the project site. No direct access to future Luchessa Avenue will be developed for this phase.
There are four key elements to the proposed PUD approval:
# 1. Site plan design and density transfer {see attached plans, page I}
#2. SoundwalI and landscaping {see attached plans, page 2}
#3. Babbs Canyon Creek development {see attached plans, page 3, and attached monitoring plan}
#4. Home and elevation design plans {attached elevation plans}
Site plan design and density transfer
The proposed PUD site plan request for 75 single family lots (in addition to the future 13 standard size
single family lots and 67 small single family 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 71;4 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 PUD combining district,
which brings the tw'o designations together, allows the buildout density to be transferred across the entire
site. As proposed, the PUD site design exhibits an overall density at about 6.4:!: dwelling units per acre,
(approximately 9. H: units per acre for the 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.
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AJS 96-21 (PUD)
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5
11/22/96
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Front and rear yard setbacks will meet minimum city standards, with side yards proposed at five feet (one
foot less than the minimum required). Using the flexibility of the PUD, the applicant will build homes
with a five foot setback on one side and in most situations a larger than normal setback on the opposite
side.
SoundwaU and landscaping
As a required mitigation measure, specifically stated within the Negative Declaration issued under Z 95-
09, a sound intensity analysis was required to determine the potential noise impacts from Thomas Road
and the future extension ofLuchessa Avenue. As a result, a modified sound wall and landscaping berm
design along Thomas Road and future Luchessa Avenue is being proposed (see attached site plan with
specific elevation drawings for landscaping and soundwall details). This design involves a 18' wide
landscaped area along Thomas Road which will be bermed up to a 6' sound wall. 'FutUre Luchessa
Avenue will have a staggered 12'-18' wide landscaped area that will be bermed up to a 6' sound wall.
With the required deep landscaped setback the sound wall should not appear as dominating.
Babbs Canyon Creek development
The Babbs Canyon Creek project was initiated under Tentative Map approval TM 93-03 and Planned Unit
Development AJS 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. As a condition of prior PUD
approval for the first phase of development, the applicant was required to develop and dedicate the south
half of the creek corridor. It was expected that as properties along the creek were constructed the
adjoining creek corridor would be improved. The current PUD request, and accompanying tentative map,
represent the north half of the Babbs Canyon Creek. Two important documents, required as part of the
original master plan, have been updated by the applicant and are attached; 1) Re-vegetation and
Monitoring Plan, and 2) Tree Survey Report. The submitted improvement plans, as well as the updated
reports, are consistent in every way with' the original development plans reviewed by the Planning
Commission and approved by the City Council.
Home and elevation design plans
Kaufman & Broad would like to develop the 75 single family lots utilizing three new models (different
than Phase I & II, or northwest quadrant). PLAN #1 and PLAN #2 will have three distinct elevation
alternatives, PLAN #3 will have six, thereby creating 12 available house plans. In addition, each house
plan can also be reversed, providing greater diversity to the overall development scheme. The three base
plans will be designed in a modified "California Craftsman" style of architecture with gabled roofs, wood
detailed windows & doors, covered front porch entry, and stucco siding. The three proposed house plans
are as follows:
PLAN #1:
A single story 3-bedroom house with 1,906 square feet and an attached two car garage. This model will
have a 4th bedrOom/den option. Front exterior details will include recessed front porch, french windows,
wood shutters, custom garage and front entry doors, and a gabled roofwith concrete tiles. Options v.-ill
include brick veneer or cultured stone wainscotting, built-up stucco trim, and third garage.
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A/S 96-21 (PUD)
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6
11/22/96
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PLAN #2:
A single story 3-bedroom house with 2,053 square feet and an attached two car garage. This plan will
have a 4th bedroom/den option. Front exterior details will include a small front porch, french windows,
custom garage and front entry doors, stucco siding, and a gabled roof with concrete tiles.
PLAN #3:
A two story 4-bedroom house with 2,499 square feet and an attached two car garage. This plan has a 5th
bedroom / den / and 3rd garage option. Front exterior details will include a covered front porch, stucco
siding, french windows with shutters, custom garage and front entry doors, a gabled or hipped roof design
with concrete tiles.
As submitted, the proposed PUD is 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 and Tentative Map approval, consistent with the City's Zoning
Ordinance, and substantially consistent with applicable development policies.
REOUIRED FINDINGS:
In order to grant Planned Unit Development (PUD) site design approval, the Planning Commission and
City Council must find that the proposed Planned Unit Development will:
A. Conform to the Gilroy General Plan in terms of general location and standards of development;
B. Provide the type of development which will fill a specific need of the surrounding area;
C. Not require urban services beyond those which are currently available;
D. Provide a harmonious, integrated plan which justifies exceptions, if such are required, to the normal
requirements of this Ordinance;
E. Reflect an economical and efficient pattern ofIand uses;
F. Include greater provisions for landscaping and open space than would generally be required;
G. Utilize aesthetic design principles to create attractive buildings and open areas which blend with the
character of surrounding areas;
H. Not create traffic congestion, noise, odor, or other adverse effects on surrounding areas; and
I. Provide adequate access, parking, landscaping, trash areas and storage, as necessary.
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NS 96-21 (PUD)
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7
11/22/96
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STAFF RECOMMENDA TrONS:
Staff recommends that the Planning Commission forward a recommendation to the City Council to
approve this PUD request for the following reasons:
.. The proposed PUD 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;
.. Public utilities and infrastructure improvements needed in order to serve the proposed project are in
close proximity along Thomas Road;
.. There will be no significant environmental impacts as a result of this project due to the required
mitigation measures to be applied at the development stage; and
.. As submitted, the proposed development is consistent with the necessary PUD Findings A through
I, as stated under Zoning Ordinance Section 50.55.
In addition. Staff recommends the fonowin~ conditions be placed on the t:rantin~ of this request:
1. l\nTIGA TION l\-IEASURES #1 throu~h #30, contained within the Negative Declaration dated 4/20/96
for Z 95-09 involving the subject project (attached), shall be applied to the approval of this Planned Unit
Development project 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 Ro~':i a~d/or the future ex'tension ofLuchessa Avenue shall
be designed to control interior noise levels in habitable rooms, from exterior sources, with tested
assemblies having STCof IIC 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).
4. Fire hydrant locations, looping, and water main sizing shall be subject to the review and approval by the
Building Life and Envirolunental 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. Anyon-site or fire
service system must have a City standard valve intervening; and
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NS 96-21 (PUD)
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8
11/22/96
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c. Inspection of on-site fire service systems will be the responsibility of the Building Life and
Environmental Safety Division (BLES).
5. All proposed fencing shall meet the requirements of the City's Zoning Ordinance Section 34, subject to
the review a::d approval by the Planning Division.
6. Street improvements and the design of all storm drainage, sewer and water lines, and all street sections
and widths shall be subject to the review and approval by the Engineering Division.
7. 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.
8. 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.
9. AIl lots shall drain to the street for storm drainage, subject to the review and approval by the Engineering
Division.
10. All proposed retaining walls must be constructed of permanent materials such as concrete or masonry,
subject to the review and approval by the Community Development Department. Wood will not be
permitted.
11. 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).
12. The design, texture, and color for the proposed sound walls along Thomas Road and the future extension
ofLuchessa Avenue shall be subject to the review and approval by the Engineering Division.
13. 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.
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William F aus
Planner ill
attachments
C:\WPWIN6O',PI......'f.\IIXG.nr,RE?OR1\CREEKS75.Pl.'D
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A/S 96-21
12-5-96
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Page 9
12/5/96
At their meeting of December 5, 1996, the Planning Commission, by a vote of6-0-0,
voted to forward recommendations of A/S 96-21 with 13 conditions as set forth in the
staff report.
A YES~ ARELLANO, BLANKLEY, COLLIER, LAI, PINHEIRO, PUENTE
NAYES: NONE
ABSENT: NONE
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Plannin'Departmenf
~ ~NEGATIVE
DECLARATION
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
(408) 848-0440
CITY FILE RUMBERS: Z 95-09
PROJECT DESCRIPTION:
Name of Project: The Creeks at Thomas Road .
Nature of Project: proposed request to rezone 38t acres from AI, R1, and R3
(Agriculture, single Family Residential, and Medium Density Residential) to
RI-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 LOCATION:
Location: West side of Thomas Road, north of Babbs Canyon Creek.
Assessor's Parcel Numbers: 808-20-006, '011, 016.
Entity or Personls) Undertakina proiect:
Name: Thomas Road Properties, Ltd.
Address: 7888 Wren Avenue, Suite 0-143, Gilroy, CA 95020
INITIAL STUDY:
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.
FINDINGS & REASONS:
The Initial study identified potentially significant effects on the
environment. However, the applicant has agreed to specific-revisions in the
project and/or the project has been revised. See the following list of
MITIGATION 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, Rl, and R3 (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) 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 nct 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.
Z95-09 NEG-rI
:LARA nON
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Page 2 of 8
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MITIGA nONS
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 95-09
NE~
'::CLARATION
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Pa,ge 3 of,8
4.
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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);
· 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, herbicides, 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.
Z9S-09 NEGr. .CLARATION
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Page 4 or8
8.
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Developers shall water all exposed ground surlaces 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.
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 install left-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 tum 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 destroyed 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 ouhyard 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 NEGr . ~CLARATlON
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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Pa~e 5 or~
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 .Ioss 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 horne
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
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NEGr.
CLARATION
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Page 6 of8
6"',
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Engineering Division and the California Department of Fish and Game prior to
issuance of a building permit. The design shall:
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.
Noise
17. The developer shall have a noise analysis prepared for properties which are
contiguous to a designated city General Plan "ColleGtor" or "Thoro'ughfare"
prior to approval of a final map. The analysis shall be used to determine the
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need for noise attenuation
considerations.
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Page 7 of IJ
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 100-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 construct 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
Z 95-09 NEG~.
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development. This plan's for installation and the installation shall be subject to
~, review by the city Engineering Division prior to the issuance of a building
permit.
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 significant, 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: ~-,Z. 0- "
.
.
I, SUSANNE E. STEINMETZ, city Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 97-5
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 Januarv
, 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
19 97.
7th
day of January
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(Seal)